St. Helena City Council
October 10, 2023

City of St. Helena
Regular City Council Meeting
Tuesday, October 10, 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 Mayor may reduce the four minute time limit for all speakers in circumstances where a large number of citizens intend to make public comment.

Public comment for 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 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/.

Page

1. CALL TO ORDER

2. ROLL CALL
Mayor: Paul Dohring, Vice Mayor Eric Hall:, City Council Members: Anna Chouteau, Lester Hardy, Billy Summers
Effective January 1, 2023, Assembly Bill 2449 amended the Brown Act, California Government Code Sections 54950 et seq., as it pertains to teleconference meeting participation by legislative body members. A legislative body member of the Member’s need to attend a meeting by teleconference under the “Just Cause” exception. Notifications shall not require legislative body approval. (GC 54953(f)(2)(A)(i))
Council Member Anna Chouteau will be attending the meeting by teleconference and the location is:

Coldwell Banker
1819 S Kihei RD
#D108
Kihei, Hawaii 96753

3. PLEDGE OF ALLEGIANCE

4. ADOPTION OF THE AGENDA

5. APPROVAL OF MINUTES
Estimated start time: 6:05 p.m.

5.1. Consideration and proposed approval of Regular Meeting Minutes of September 26, 2023.
9 - 16

Minutes

6. 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.

Estimated start time: 6:10 p.m.

7. 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.

Estimated start time: 6:15 p.m.

8. PRESENTATIONS AND PUBLIC RECOGNITIONS
Estimated start time: 6:20 p.m.

8.1. Oaths of office administered by Cindy Tzafopoulos, City Clerk  Chris Laymon, Plant Operator II – Wastewater Treatment Plant

8.2. Domestic Violence Awareness Month Proclamation
Proclamation
17 9. STAFF BRIEFING

9.1. Provide project status for the Main Street Pedestrian Improvement Project including review of property line/Right-of-Way encroachment matters.

CEQA Determination: Categorically Exempt, Section 15323 Prepared By: Eric Janzen, Assistant Public Works Director Recommendation:

None. This is an informational item only.

Staff Report - Pdf
19 - 20

10. 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) Estimated start time 6:30 p.m.

10.1. Amended June 2023 Review and Forecasting of City Water Supply 21 - 26

Availability
CEQA Determination: Exempt
Prepared By: Ian Dale, Environmental Services Tech
Recommendation:

Receive and File.

Staff Report - Pdf

10.2. Consideration of a Resolution to set a Public Hearing for 6:00 p.m., Tuesday, December 12, 2023, to consider objections to the proposed annexation of the properties known as 1516 Sulphur Springs Avenue, St Helena, CA (APN 009-362-018), into the St. Helena Municipal Sewer District No. 1, MSD Annexation No. 145.

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 December 12, 2023.

Staff Report - Pdf
27 - 33

10.3. Approve a resolution authorizing execution of a contract with Mead & Hunt for a not to exceed amount of $42,773.00 to perform a System Assessment of the Flood Protection Project at Adams Street, adjacent to Vineyard Valley development, and authorize a transfer of reserves for the total cost of the contract.

CEQA Determination: Not a CEQA project
Prepared By: Joseph Leach, Public Works Director and City Engineer, Lesley Milton, Asst. to the City Manager
Recommendation:

Approval of the resolution and contract.

Staff Report - Pdf
35 - 58

10.4. Consideration of a proposed Resolution authorizing the City Manager to execute a Professional Service Agreement with Summit Engineering Inc. to provide engineering design services for the Oak Avenue Rehabilitation Project in the amount not-to-exceed $121,500.

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

Staff recommends City Council approve the attached resolution.

Staff Report - Pdf
59 - 85

10.5. Consideration and proposed adoption of a Resolution approving the plan for the WWTP 10-Inch Recycled Water Pipeline Extension Project and authorizing the advertisement for bids.

CEQA Determination: Class I Categorical Exemption under Section 15301 of CEQA
Prepared By: Mario Traverso, Public Works Assistant Engineer 87 - 91

Recommendation:

Adopt the attached resolution and authorize staff to solicit proposals for the WWTP 10-Inch Recycled Water Pipeline Extension Project.

Staff Report - Pdf

10.6. Approval of a Resolution authorizing (1) Amendment No. 5 to the STH Contract: FY2021-077 in the amount of $175,000, with Operational Technical Services for a total amount not-to-exceed of $1,125,200 for temporary Wastewater Treatment Plant
operators; and (2) Amendment No. 6 to STH Contract: FY2021- 048 in the amount of $800,000 with Operational Technical Services for a total amount not-to-exceed of $3,444,005 for temporary Water Treatment Plant operators.

CEQA Determination: Not a CEQA project
Prepared By: Joseph Leach, Public Works Director and City Engineer, Lesley Milton, Asst. to the City Manager
Recommendation:

Staff recommends adoption of the attached Resolution.

Staff Report - Pdf
93 - 103

10.7. Consideration and approval of a resolution authorizing the acquisition of two (2) all electric 2023 Ford Mustang Mach E Patrol Vehicles, for a total amount not-to-exceed $115,000.

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

Staff recommends City Council approve the attached Resolution.

Staff Report - Pdf
105 - 136

10.8. Consideration and Proposed Approval of an Ordinance Amending Section Chapter 2.04.050 City Council Salary, Making Increases to City Council Compensation Based on Changes from Senate Bill 329 that increases the Maximum City Council Salary that can be Approved by City Ordinance Effective January 1, 2025.

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

Waive the second reading and approve an ordinance by title only amending section Chapter 2.04.050 City Council Salary, making the proposed changes to the salary of Mayor and the members of the City Council.

Staff Report - Pdf
137 - 148

11. PUBLIC HEARINGS
Estimated start time 6:35 p.m.

11.1. Introduction and first reading of an ordinance amending Title 17 (Zoning) of the St. Helena Municipal Code and Amending the Zoning 149 - 751

Map to be consistent with the General Plan and Expand the Historic Preservation (HP) Overlay Zone.

CEQA Determination: The City has determined that none of the conditions specified in State CEQA Guidelines section 15162 requiring preparation of a subsequent or supplemental EIR or MND would occur.

Prepared By: Maya DeRosa, Community Development Director Recommendation:

It is recommended by the Planning Commission of the City of St.

Helena that the City Council review the draft ordinance and:
1) Find that, pursuant to CEQA Guidelines section 15162, all environmental impacts of the City of St. Helena Zoning Code Update have been addressed within the FEIR for the 2040 General Plan EIR 2) Introduce and waive first read of an ordinance (Attachment 10) as amended by the Errata (Attachment 3) (a) amending Title 17 (Zoning) of the St. Helena Code (ZOA 2023-001); (b) approving the amendments to the zoning map finding them to be consistent with the General Plan land use map (ZMA 2023-001); and (c) approving the amendments to the zoning map implementing an expanded Historic Preservation Overlay District (ZMA 2023-001)
Staff Report - Pdf
Public Comment.Susan Kenward
Public Comment.Tracy McBride
Public Comment.Peter Scott
Public Comment.Mark Smithers
Public Comment.Ellen Kieval
Public Comment.Miriam Hansen
Public Comment.Erik Ludquist
Public Comment.Blue Zones Project
Public Comment.Christine French
Public Comment.Daniel Hale 1
Public comment.Daniel Hale 2
Public Comment.Daniel Hale 3
Public Comment.Oliver Caldwell
Public Comment.Polly Ogden
Public Comment.Thomas Allen
Public Comment. Joshua Parke
Public Comment.Courtney Andrain and Jim Anderson
Presentation
Public Comment.Brian Heim
Public Comment.John Hawkins

12. OLD BUSINESS

12.1. Presentation of Opinion Research Related to Consideration of a March 2024 General Obligation Bond Revenue-Generating Local Ballot Measure and Direction to Staff.

CEQA Determination: Not a CEQA project
Prepared By: April Mitts, Assistant City Manager
Recommendation:
753 - 787

Direct staff to place a General Obligation Bond measure on the March 2024 ballot.

Staff Report - Pdf

13. NEW BUSINESS

13.1. Approval of a Resolution Authorizing Hiring of Professionals for a Wastewater Financing Transaction.

Estimated start time 8:30 p.m.

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

Approve the attached Resolution and direct staff and the City’s Financing Team to bring the item back to the City Council at the November 14th meeting for formal review and possible approval.

Staff Report - Pdf
789 - 807

14. CITY COUNCIL REPORTS:

14.1. 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

15. ADJOURNMENT
The next Regular City Council meeting is scheduled for October 24, 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 October 5, 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.

MINUTES
City of St. Helena
Regular City Council Meeting
Tuesday, September 26, 2023 @ 6:00 PM
Vintage Hall Board Room - Second Floor
465 Main Street, St. Helena
A complete video recording of this meeting, except for closed session, can be found at https://sthelena.civicweb.net/Portal/ or by calling the City Clerk at (707) 968-2742. The City Council video is the official record of the Council meeting.

Present: Mayor Paul Dohring, Vice Mayor Eric Hall, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Billy Summers

Absent: None

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. ADOPTION OF THE AGENDA

4.1 Vice Mayor Eric Hall moved to adopt the agenda. The motion was seconded by Council Member Lester Hardy and on roll call carried by the following vote:

AYES: Mayor Paul Dohring, Vice Mayor Eric Hall, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Billy Summers NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None

5. PUBLIC FORUM:

Tracy McBride addressed the City Council.

6. REPORTS BY STAFF AND CITY COUNCIL, FUTURE AGENDA ITEMS, and AB 1234 REPORTS:

6.1 City Attorney Ethan Walsh noted there was no reportable action from the September 26, 2023, Special City Council closed session meeting.

Agenda Item #5.1.

Regular City Council
September 26, 2023
Reports were made by staff and the City Council.

7. PRESENTATIONS AND PUBLIC RECOGNITIONS

7.1 Oaths of office administered by Cindy Tzafopoulos, City Clerk for:

Valeria Ortiz-Gonzalez, Dispatcher
Iris Solana, Dispatcher
Monica Perez-Avina, Library Associate II
Darren Gardette, Plant Operator II – Wastewater Treatment Plant Nyna Horn, Operator in Training – Wastewater Treatment Plant The following staff members did not receive their oath of office:

Christopher Berg, Maintenance Worker I – Parks & Trees
Noah Vulk, Maintenance Worker I – Underground Utilities Scott Borges, Maintenance Worker I – Parks & Trees
Chris Laymon, Plant Operator II – Wastewater Treatment Plant Estimated start time: 6:20 p.m.

7.2 National Latino Month Proclamation
Estimated start time: 6:30 p.m.

7.3 National Friends of Libraries Week Proclamation
Estimated start time: 6:35 p.m.

8. STAFF BRIEFING
None

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

9.1 Consideration and proposed approval of Regular Meeting Minutes of September 12, 2023

9.2 Proposed Approval of a Resolution Declaring the Intention to Reimburse Expenditures Relating to Water and Wastewater Projects from the Proceeds of Tax-Exempt Obligations.

CEQA Determination: Not a CEQA project
Agenda Item #5.1.

Regular City Council
September 26, 2023
Prepared By: Mandy Kellogg, Administrative Services Director Recommendation:

Approve the attached resolution.

9.3 August 2023 Review and Forecasting of City Water Supply Availability CEQA Determination: Not a CEQA project
Prepared By: Ian Dale, Environmental Services Tech
Recommendation:

Receive and File.

9.4 Item 9.4 was pulled from consent.

Consideration and Proposed Approval of a Resolution: 1) Rescinding Resolution 2014-45 Protocol for Committees, Commissions and Boards; and 2) Rescinding Resolution 2022-72 Amending Council Rules of Procedure and Standards of Conduct; and 3) Combining and Reestablishing both the Rules of Procedure for the Conduct of Meetings for City Council, Boards, Committees and Commissions and Standards of Conduct

9.5 Item 9.5 was pulled from consent.

Consideration and proposed approval of a resolution adopting the City of St.

Helena Records Retention and Disposition of Information Policy (Policy) and delegate authority to approve future revisions to the Policy to the City Manager with approval by the City Clerk and City Attorney
Vice Mayor Eric Hall moved to approve consent items 9.1 - 9.3. The motion was seconded by Council Member Anna Chouteau and on roll call carried by the following vote:

AYES: Mayor Paul Dohring, Vice Mayor Eric Hall, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Billy Summers NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None

9.4 Consideration and Proposed Approval of a Resolution: 1) Rescinding Resolution 2014-45 Protocol for Committees, Commissions and Boards; and 2) Rescinding Resolution 2022-72 Amending Council Rules of Procedure and Standards of Conduct; and 3) Combining and Reestablishing both the Rules of Procedure for the Conduct of Meetings for City Council, Boards, Committees and Commissions and Standards of Conduct
CEQA Determination: Not a CEQA project
Prepared By: Cindy Tzafopoulos, City Clerk
Agenda Item #5.1.

Regular City Council
September 26, 2023
Recommendation:

Staff recommends approval of the attached resolution
Cindy Tzafopoulos, City Clerk reported on this item.

No public comment was received.

Vice Mayor Eric Hall moved to adopt item 9.4 as amended to change the excessive absences to 75% attendance in a twelve month period, Committee report out at a minimum of once annually and add language regarding code of conduct process. The motion was seconded by Council Member Lester Hardy and on roll call carried by the following vote:

AYES: Mayor Paul Dohring, Vice Mayor Eric Hall, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Billy Summers NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None

9.5 Consideration and proposed approval of a resolution adopting the City of St.

Helena Records Retention and Disposition of Information Policy (Policy) and delegate authority to approve future revisions to the Policy to the City Manager with approval by the City Clerk and City Attorney
CEQA Determination: Not a CEQA project
Prepared By: Cindy Tzafopoulos, City Clerk
Recommendation:

Approve the attached resolution.

Cindy Tzafopoulos, City Clerk reported on this item.

Bobbie Monette addressed the City Council.

Council Member Lester Hardy moved to approve item 9.5. The motion was seconded by Vice Mayor Eric Hall and on roll call carried by the following vote:

AYES: Mayor Paul Dohring, Vice Mayor Eric Hall, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Billy Summers NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None

10. PUBLIC HEARINGS
Agenda Item #5.1.

Regular City Council
September 26, 2023
None

11. OLD BUSINESS
None

12. NEW BUSINESS

12.1 Informational report recognizing the formation of the St. Helena Parks & Recreation Foundation
Estimated start time: 7:15 p.m.

CEQA Determination: Not a CEQA project
Prepared By: Dave Jahns, Parks & Recreation Director
Recommendation:

Receive the report and provide feedback as desired.

Director Jahns reported on this item.

Cathy Carrick addressed the City Council.

12.2 Introduction and First Reading of an Ordinance Amending Section Chapter

2.04.050 City Council Salary, Considering Proposed Increases to City Council Compensation Based on Changes from Senate Bill 329 that Increases the Maximum City Council Salary that can be Approved by City Ordinance Effective January 1, 2025.

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

Introduction and first reading of an ordinance amending section Chapter

2.04.050 City Council Salary, approve first reading by title only and waive further reading for proposed changes to the salary of the members of the City Council.

City Manager Comelo reported on this item.

No public comment was received.

Council Member Anna Chouteau moved to waive first reading and introduce the ordinance by title only with an amendment, which is to amend Section

2.08.020 to delete “one thousand and five hundred dollars ($1,500.00)” and replace it with “an additional five hundred fifty dollars ($550)”.

The motion was seconded by Council Member Lester Hardy and on roll call Agenda Item #5.1.

Regular City Council
September 26, 2023
carried by the following vote:

AYES: Mayor Paul Dohring, Vice Mayor Eric Hall, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Billy Summers NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
Mayor Dohring called for a recess at 7:26 p.m.

Mayor Dohring reconvened the meeting at 7:36 p.m.

12.3 Discussion and Direction Regarding the Establishment of a Preliminary Water/Wastewater Working Group.

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

Establish a Preliminary Working Group
Anil Comelo, City Manager reported on this item.

Public Comment made by Garry Rose.

Mayor Dohring and Council Member Hardy will work with the City Clerk to solicit members of the community to join the Water/Wastewater Working Group which will be a Brown Act group.

12.4 Approval of a Resolution ratifying known expenditures in an amount of $1,225,458 related to Resolution 2023-106 Public Emergency for Remediation of Discolored Water and authorizing use of Water Operations Fund balance for the repairs.

CEQA Determination: Not a CEQA project
Prepared By: Joseph Leach, Public Works Director and City Engineer, Lesley Milton, Asst. to the City Manager
Recommendation:

Approve the Attached Resolution
Joseph Leach, Public Works Director reported on this item.

Garry Rose addressed the City Council.

Agenda Item #5.1.

Regular City Council
September 26, 2023
Council Member Anna Chouteau moved to approve a resolution ratifying known expenditures in an amount of $1,225,458 related to Resolution 2023- 106 Public Emergency for Remediation of Discolored Water and authorizing use of Water Operations Fund balance for repairs. The motion was seconded by Vice Mayor Eric Hall and on roll call carried by the following vote:

AYES: Mayor Paul Dohring, Vice Mayor Eric Hall, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Billy Summers NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None

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
Agenda Item #5.1.

Regular City Council
September 26, 2023
Mayor Dohring adjourned the meeting at 8:31 p.m.

APPROVED:
______________________________
Paul Jamison Dohring, Mayor
ATTEST:
_________________________
Cindy Tzafopoulos, City Clerk
Agenda Item #5.1.

PROCLAMATION
Domestic Violence Awareness Month
October 2023
WHEREAS, NEWS, Domestic Violence and Sexual Abuse Services is commemorating 42 years of service to survivors of domestic violence in Napa County, having opened the first confidential safe house on October 5th 1981 and began providing safety to those escaping abuse; and WHEREAS, every year since 1989, the United States Congress has proclaimed October as Domestic Violence Awareness Month, renewing our Country’s commitment to standing against domestic violence and meeting the needs of survivors; and
WHEREAS, domestic violence is a public health concern that impacts the well-being and success of individual community members, as well as the community as a whole. Data from the U.S. Center of Disease Control’s National Intimate Partner and Sexual Violence Survey (NIPSVS) show that nearly 1 in 4 women and 1 in 9 men in the U.S. report experiencing severe physical violence from an intimate partner in their lifetime while nearly half of U.S. adults have experienced psychological aggression such as humiliating or controlling behaviors from their partner. Domestic violence can cause severe physical and emotional distress for survivors who are more likely to become suicidal and lose economic opportunities from the abuse. Children who witness abuse are likely to experience abuse themselves and are often used to control other family members which can have lifelong impacts on their mental health. Aside from the obvious physical and emotional trauma inflicted, domestic violence contributes to over 10% of all intentional violent deaths (not including suicide) and costs America over 8 billion dollars a year.

WHEREAS, by observing October as Domestic Violence Awareness Month we show that our community is committed to supporting survivors and working toward the prevention of domestic violence among future generations; and
WHEREAS, in Fiscal Year 2022/2023 NEWS provided services to nearly 1,800 of our Napa County community members, including 24-hour response, assistance with protective orders, safety and shelter, permanent housing, financial aid, support groups and children’s services, for issues related to violence in the home; and
NOW, THEREFORE LET IT BE RESOLVED THAT I,” Paul Jamison Dohring, Mayor, on behalf of the City Council of the City of St. Helena, do hereby proclaim October 2023 as “Domestic Violence Awareness Month”, and encourage all residents of St. Helena to honor domestic violence survivors and those who serve them during this month and throughout the year.

Dated: October 10, 2023
__________________________
Paul Jamison Dohring, Mayor
Agenda Item #8.2.

Agenda Report to the City Council
Agenda Section: STAFF BRIEFING
Department: Public Works
DATE: October 10, 2023
FROM: Eric Janzen, Assistant Public Works Director
SUBJECT: Provide project status for the Main Street Pedestrian Improvement Project including review of property line/Rightof-Way encroachment matters.

RECOMMENDED
ACTION:

None. This is an informational item only.

PREVIOUS COUNCIL
ACTION:

On May 23, 2017, the St. Helena City Council approved
Resolution 2017-63 and authorized City Staff to seek funding for the Main Street Sidewalk Improvement Project (the
Project) from the One Bay Area Grant (OBAG) program in
the amount of $1,206,000. BKF was selected to provide
engineering and landscape design services and was
awarded Contract FY2019-075 on December 11, 2018 plus
the following amendments:

STH
Contract
Date
Approved Resolution Amount
FY2019-075 12/11/18 2018-176 $529,000
Amendment 1 5/28/19 2019-68 $74,100
Amendment 2 6/25/19 2019-81 $32,500
Amendment 3 12/14/21 2021-158 $146,000
Amendment 4 1/25/22 2022-4 $11,000
Amendment 5 3/28/23 2023-26 $151,000
Amendment 6 7/25/23 2023-87 $122,000

STATEMENT OF THE
PURPOSE:

Provide update of project status to Council.

FINANCIAL IMPACT: This is an informational item and does not represent any change in project cost.

BACKGROUND:

In 2017 this project proposed to remove and replace existing sidewalk, street trees, and curb ramps along Main Street between the intersections of Mitchell Street and Pine Street. The project received robust public comment, multiple revisions, and cost increases since it was first presented to Council. The City was awarded funding for the project from the One Bay Area Grant (OBAG) in the amount of $1,206,000. In order to Agenda Item #9.1.

fit the project into the budget set by OBAG, the project scope was split into phases 1a and 1b with Phase 1a to be constructed first using the OBAG funds. - Phase 1a consists of the segment of Main Street between the intersections with Adams Street and Pine Street and represents the northern 1/3 of the original project. - Phase 1b consists of the segment of Main Street between the intersections of Adams Street and Mitchell Street to the south and represents the remainder 2/3 of the original project.

The City was awarded OBAG (Round 3) funding for the project on January 11, 2023.

DISCUSSION:

Phase 1a is funded, in part by the One Bay Area Grant or OBAG and is subject to the requirements of this funding source.

The OBAG program is managed by Caltrans and all projects undergo multiple reviews by Caltrans staff before the awarded funds are obligated (made available for payment) and the project authorized to proceed to the bidding phase for construction. Caltrans has approved the City’s Preliminary Environmental Study (PES), found the project to be in compliance with both NEPA and CEQA, and issued a Categorical Exclusion (CE) certificate. The Right-of-Way Certification application was submitted to Caltrans on December 14, 2022. Recent staffing changes at Caltrans delayed review of the project for several months. In addition, Caltrans identified minor deficiencies in the project plan that required revision by the City’s consultant, BKF. The revised plans were received by the City on September 12, 2023. City staff are preparing the resubmittal package now and will submit it to Caltrans as soon as it is complete. While the Right-of-way certification has been under review, City staff have prepared the Authorization to Construct application (E-76 application) and are prepared to submit this application as soon as the Right-of-Way Certification is issued.

In coordination with the Napa Valley Transportation Authority (NVTA), the project has been moved to 2024/2025 appropriation year. Correspondingly, bidding is anticipated for Q1 2024 and a construction start date of Q2 2024 pending Caltrans approval.

Phase 1b (Adams Street and Mitchell Street) is currently unfunded with bidding anticipated for Q1 2025 and a tentative construction start date of Q3 2025.

A public workshop will be coordinated by the City's consultant team in 2024 to discuss the final list of improvements to be completed in Phase 1b.

ENVIRONMENTAL REVIEW:

The project is an existing facility for public gatherings for which the facilities were designed, where there is a past history of the facility being used for the same or similar kind of purpose. The project falls within exempt Class 23 defined in Section 15323 of CEQA.

Agenda Item #9.1.

Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: October 10, 2023
FROM: Ian Dale, Environmental Services Tech
SUBJECT: Amended June 2023 Review and Forecasting of City Water Supply Availability

RECOMMENDED
ACTION:

Receive and File.

PREVIOUS COUNCIL
ACTION:

Monthly Receive and File reports to City Council.

STATEMENT OF THE
PURPOSE:

This amended June 2023 Monthly Water Report has been
updated to coincide with the new monthly practice for
recording monthly amount of water produced at the Louis Stralla Water Treatment Plant, and potable water delivered from the City of Napa. These updated practices were
implemented due to obtaining a more accurate monthly
production value from each potable water source. Starting in June, reading calculations are based upon the end of prior month meter reading deducted by the end of the
current month meter reading. Prior to June, the calculations were based upon total of daily readings, which introduced rounding and miscellaneous errors.

FINANCIAL IMPACT: None
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.

Agenda Item #10.1.

DISCUSSION:

City staff has developed a forecasting tool to facilitate its ability to optimize water use and track water availability. Included as Attachment 1 is the Monthly Water Report for June 2023. The water produced for June 2023 is up by 2% when compared to June 2022 and is down -29% compared to the average of June 2018-2020. Below is a chart summarizing the water produced per source:

Water Produced per Source
Source
Average (2018 -
2020)
(Acre-Feet)
June 2022
(Acre-Feet)
Amended June
2023
(Acre-Feet)
Bell Canyon 74 34 18 25
Stonebridge Wells 41 36 44 45
Napa Water 51 45 50 48
Total 166 115 112 118
Percent change from June 2022: 2%
Percent change from average of June 2018 - 2020: -29%
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 July 1, 2023, Bell Canyon Reservoir elevation was at 420.93 feet representing approximately 2,302.58 acre feet (AF) and 96.6% 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 July 1st in 2021, 2022, and 2023.

Year 2021 2022 2023
Bell Canyon Elevation Level 399.16 Ft. 414.94 Ft. 420.93 Ft.

Acre Feet 905 AF 1,863 AF 2,302.58 AF
Percent Capacity 38% 78.2% 96.6%
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.

Agenda Item #10.1.

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 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.

It should be noted that the Phase I Water Emergency remains in effect, even though Bell Canyon Reservoir level is above the level when Council initially declared the Phase I 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.

A separate item is on the July 25, 2023 meeting agenda for the City Council to consider staff's recommendation to rescind the Phase I Water Emergency.

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 June 2023, Rutherford Pump Station was producing an average of 0.546 MG/day 0.528 MG/day for a total of 50.29 48.65 acre feet (AF) for the month.

DOCUMENTS ATTACHMENTS:

Attachment 2 - Bell Canyon Water Storage Forecast
Attachment 3 - Bell Canyon Reservoir Storage with Phase I II Amended MWR June 1-30 2023
Agenda Item #10.1.

BellCanyon Water Storage Forecast
Assumes: (1) Highest usage during non—drought year (FY2019/20) (2) 10" of Rainfall (Lowest Recorded)
2500
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2000
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Agenda Item #10.1.

CITY OF ST. HELENA

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

LOUIS STRALLA

WATER PLANT
TK #1 & #2
ADJUST

18.91 25.45

6.16 8.29 -0.14

16.7% 21.4% -0.4%

37.85 38.85 MG MG

1.66 MG MG

0.65 MG MG

1.15 1.29 MG MG
% %
401.35 407.89 AF 32.6% 379.00 AF 30.6%
130.73 132.86 MG 123.45 MG
561.92 560.28 AF 44.8% 393.21 AF 31.8%
183.04 182.50 MG 128.08 MG
283.04 283.51 AF 22.7% 465.53 AF 37.6%

92.20 92.35 MG 151.64 MG
TOTAL WATER PRODUCED1246.31 1251.68 AF 100.0% 1237.74 AF 100.0%

DELIVERY (ALL)

0.00 0.00
420.93 FT. FT.
-0.71 FT. FT.
2302.58 AF AF

96.6 % %

0.00 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 75.55 73.2

REMARKS
City of Napa Water Delivery: RPS producing an average of 0.546 0.528 MG/day during June 2023.

THIS MONTH, THIS YEAR THIS MONTH, LAST YR.

DEGREES IN FAHRENHEIT 54.5-96.6 54-101.5

TEMPERATURES
MONTHLY RISE OR DROP -1.39
CAPACITY AT END OF PERIOD 1863.46
PERCENT OF FULL CAPACITY 78.2
RAINFALL IN THIS PERIOD 0.48
TOTAL RAINFALL SEASON TO DATE 27.39
ELEVATION BELL CANYON RESERVOIR 414.94
STONEBRIDGE APARTMENTS MG/June 1 -30 0.18 MG/June 1-30

WATER ELEVATION, CAPACITY & RAINFALL

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

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 0.50
AVERAGE DAILY PRODUCED 1.17

WATER YEAR TOTALS

WATER PRODUCED DELIVERY (AGGREGATE)
TOTAL PRODUCED THIS PERIOD 37.48
MAXIMUM DAILY PRODUCED 1.78

0.00 16.38 15.85
PERCENT 39.4% 38.0% 44.3% 40.9%
-0.44

June 1-30, 2023 Amended 10/10/2023

STONEBRIDGE

POTABLE
WELLS
SBW

IRRIGATION
WATER

NAPA WATER

THIS YEAR LAST YEAR
AMOUNT PRODUCED in AF 44.70 45.17 0.00 50.29 48.65
AMOUNT PRODUCED in MG 14.56 14.71
Agenda Item #10.1.

Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: October 10, 2023
FROM: Mario Traverso, Public Works Assistant Engineer
SUBJECT: Consideration of a Resolution to set a Public Hearing for 6:00 p.m., Tuesday, December 12, 2023, to consider objections to the proposed annexation of the properties known as 1516 Sulphur Springs Avenue, St Helena, CA (APN 009-362-018), into the St.

Helena Municipal Sewer District No. 1, MSD Annexation No. 145.

RECOMMENDED
ACTION:

Staff request City Council to adopt a resolution to consider the applicants request and order a public hearing to be scheduled for December 12, 2023.

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
PURPOSE:

Consideration of a resolution to set a public hearing to consider objections to the proposed annexation into the St.

Helena Municipal Sewer District No. 1.

FINANCIAL IMPACT: None
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 for special district annexations 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:
(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.

Agenda Item #10.2.

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. 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 December 12th, 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:

The City of St. Helena Public Works has received annexation applications from the following parties:
1516 Sulphur Springs LLC, owner of 1516 Sulphur Springs Avenue, St Helena, CA (APN 009-362-018) has 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 December 12, 2023.

ENVIRONMENTAL REVIEW:

Annexation to the District provides access to the City's sanitary sewer and wastewater treatment facilities. The City is agreeable to the abandonment of onsite wastewater treatment systems (septic systems).

Agenda Item #10.2.

DOCUMENTS ATTACHMENTS:

Resolution - 1516 Sulphur Springs Ave Annexation Hearing Exhibit A - 1516 Sulphur Springs Ave Assessor Parcel Map Exhibit B - 1516 Sulphur Springs Ave Legal Description
Agenda Item #10.2.

CITY OF ST. HELENA
RESOLUTION NO. 2023-
(1) Consideration of a
Resolution to set a Public
Hearing for 6:00 p.m., Tuesday,
December 12, 2023, to consider
objections to the proposed
annexation of the properties
known as 1516 Sulphur
Springs Avenue, St Helena, CA
(APN 009-362-018), into the St.

Helena Municipal Sewer
District No. 1, MSD Annexation
No. 145.

RECITALS
A. The owner of 1516 Sulphur Springs Avenue, St Helena, CA (APN 009-362-018) has requested annexation into
the St. Helena Municipal Sewer District No. 1 (“District”), MSD Annexation No. 145; and
B. 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:

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 December 12, 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
Agenda Item #10.2.

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 October 10, 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 #10.2.

1516 Sulphur Springs Avenue
Agenda Item #10.2.

LEGEND

SUBJECT PARCEL

ADJOINER PARCEL

APN ASSESSOR PARCEL NUMBER

WAGNER RANCH LLC
APN 009-362-027
N46‘54'E80.00’
151 6 SULPHUR

SPRINGS LLC
2022 0001242
N40'46w 2o1.7a' s4o'46'£ 201.75’

H OPPE / SRINI VAS
APN 009-362-019 APN 009-362-018
0 25 50
S4-6'54'W80.00'

POINT OF COMMENCEMENT

SULPHUR SPRINGS AVENUE
SEWERANNEXATION TO THE cm or ST HELENA JA CKSON 1516 suL1;¢u|_1‘2 SPRINGSAVE. ELENA DARRINE. AND JACKSON ASSO CIATES
LANDSOF 1518 SULPHUR 5'’R'N°5» “-3 _
-
..

LAND smwxvons APN: oo9—3s2—o1a
v _ w,,,“m,_E_ CA 954% DATE: 9/1/23 .103 NO. 42-143 .
(707) 894-8494
Agenda Item #10.2.

Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: October 10, 2023
FROM: Joseph Leach, Public Works Director and City Engineer, Lesley Milton, Asst. to the City Manager
SUBJECT: Approve a resolution authorizing execution of a contract with Mead & Hunt for a not to exceed amount of $42,773.00 to perform a System Assessment of the Flood Protection
Project at Adams Street, adjacent to Vineyard Valley
development, and authorize a transfer of reserves for the total cost of the contract.

RECOMMENDED
ACTION:

Approval of the resolution and contract.

PREVIOUS COUNCIL
ACTION:

In July 2023 the City Council Approved the Hunter
Subdivision Project ("Project"), including certification of the Environmental Impact Report ("EIR") for the Project (State Clearinghouse No.
2018032014), and the Tentative Tract Map for the Project (No. 2022-001, File #PLlO-040).

The City Council previously contracted with Mead & Hunt to design a flood protection levee from 2012 to 2017. Due to their intimate knowledge of the project, staff is requesting to contract with Mead Hunt for verification that the project continues to perform as designed.

STATEMENT OF THE
PURPOSE:

Approve a contract to conduct a condition assessment of the flood protection project.

FINANCIAL IMPACT: The fiscal impact of this would be a cost not to exceed $42,773.00 which is not currently included in the FY 23-24 Fiscal Yar Budget. It is recommended that the Council
authorize use of reserves from the Fund 700 – Flood
Control Capital Reserve and authorize a budget increase to GL Account 700-50-13-21-38.

BACKGROUND:

On June 26, 2023 the City Council approved the Hunter Subdivision Project ("Project"), including certification of the Environmental Impact Report ("EIR") for the Project (State Clearinghouse No. 2018032014), and the Tentative Tract Map for the Project (No. 2022- 001, File #PLlO-040). This project site is located north of Hunt Avenue and east of the future extension of Adams Street and approval included subdivision of a 16.9-acre parcel to establish 51 single-family residential lots, 11 of which are proposed with accessory Agenda Item #10.3.

dwelling units on approximately 13.4 acres. A 3.13-acre parcel will be established to accommodate a 25-unit multi-family housing development. A total of 87 units are intended to be built.

On July 27, 2023 the St. Helena Citizens for a Sustainable Future filed a Summons in response to those approvals citing the project would cause significant impacts to emergency access, water supply, traffic, and public trust resources.

DISCUSSION:

Not included within the conditions of approval, but still requested by members of the Council during the public hearing approving the development agreement, was a review of the flood protection levee to ensure that it is functioning as designed and is not at risk of failure impacting the existing neighborhood of Vineyard Valley or the pending new development.

The proposed scope of services includes review of existing records related to the design and operations including construction and operations, maintenance and inspection records. Inspection of the flood protection project features would include the levee, floodwall, Sulfur Creek bank protection, detention basin, outlet culvert, pump station and other drainage features.

After the review of records and the inspection are complete, Mead & Hunt will develop an assessment report to document the findings, summarize the findings of the data review and site inspections and provide ratings for the system components. The final report will provide recommendations for future maintenance or increased frequency of maintenance or other recommendations to maintain the integrity of the system.

The project is expected to take 90 days to complete and will result with a written assessment report that will be presented to the City Council.

ENVIRONMENTAL REVIEW: Not a CEQA project.

DOCUMENTS ATTACHMENTS:

Resolution - Mead _ Hunt Levee Assessment
PSA Mead & Hunt COSH For Signature
Agenda Item #10.3.

CITY OF ST. HELENA
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST.

HELENA AUTHORIZING THE CITY MANAGER TO EXECUTE

AN AGREEMENT WITH MEAD & HUNT TO CONDUCT A LEVEE

CONDITION ASSESSMENT FOR A NOT TO EXCEED COST OF
$42,773.00

RECITALS
A. In July of 2023 the City Council Approved the Hunter Subdivision Project ("Project"), including certification of the Environmental Impact Report ("EIR") for the Project (State Clearinghouse No. 2018032014), and the Tentative Tract Map for the Project (No. 2022-001, File #PLlO-040); and B. Not included within the conditions of approval, but still requested by members of the Council during the public hearing was a review of the flood protection project to ensure that it is functioning as designed and is not at risk of failure which would impact the existing neighborhood of Vinyard Vally or the pending new development; and
C. The City Council previously contracted with Mead Hunt to build A flood protection levee from 2012 to 2017. Due to their intimate knowledge of the damp project, staff is requesting to contract with Mead Hunt for verification that their project continues to perform as designed; and D. The proposed scope of services include review of existing records related to the design and operations including construction and operations, maintenance and inspection records Inspection of the Flood Protection Project Features to include the levee, floodwall, Sulfur Creek bank protection, detention basin, outlet culvert, pump station and other drainage features; and
E. After the review of records and the inspection are complete, Mead & Hunt will develop an assessment report to document the findings and provide recommendations for future maintenance or increased frequency of maintenance recommendations to maintain the integrity of the system.

Agenda Item #10.3.

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

1. Authorization to execute a contract with Mead & Hunt for a not to exceed amount of $42,773.00 to perform a System Assessment of the Flood Protection Project at Bell Canyon Reservoir; and

2. Authorize use of reserves in the amount of $42,773.00 from the Fund 700 – Flood Control Capital Reserve and authorize a budget increase in the amount of $42,773.00 to GL Account 700-50-13-21-38.

Approved at a Regular Meeting of the St. Helena City Council on October 10, 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 #10.3.

Mead & Hunt

AGREEMENT FOR PROFESSIONAL SERVICES
Flood Protection Project System Assessment.

THIS AGREEMENT, made and entered into on October 10, 2023 by and between the City of St. Helena, located in the County of Napa, State of California (City), and Mead & Hunt (Consultant).

RECITALS:

A. City desires to employ Consultant to furnish professional services in connection with the project described as Flood Protection Project System Assessment.

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

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

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

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

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

SECTION 4 – COMPENSATION AND METHOD OF PAYMENT
A. Subject to any limitations set forth in this Agreement, City agrees to pay consultant the amount specified in Exhibit A, “Compensation” attached hereto and made a part hereof. Total compensation shall not exceed $42,773.00 unless additional compensation is approved in accordance with Section 2.

B. Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories if applicable: labor (by sub-category), travel, materials, equipment, supplies, subconsultant contracts, and miscellaneous expenses. Each original invoice furnished shall Agenda Item #10.3.

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

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

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

SECTION 5 – STANDARD OF PERFORMANCE
A. Consultant represents 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. In providing services under this Agreement, the Consultant shall perform in a manner consistent with and limited to that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality.

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
Agenda Item #10.3.

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

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

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

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

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

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

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

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

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

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

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

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

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

Agenda Item #10.3.

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

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

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

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

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

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

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

J. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on forms that conform to City requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

SECTION 8 – INDEMNIFICATION
A. To the fullest extent allowed by law (including without limitation California Civil Code Sections 2782 and 2782.8), as may be applicable, Consultant shall indemnify, defend, and hold harmless City, its agents, officers, officials, employees, representatives, and volunteers from any and all claims, demands, suits, loss, damages, injury, and/or liability (including any and all costs and expenses in connection therewith, including legal fees and expert witness costs) (collectively, “Liabilities”), incurred by reason of any negligent or otherwise wrongful act or omission of Consultant, its officers, agents, employees, subconsultants, and subcontractors, or Agenda Item #10.3.

Mead & Hunt
any of them, under or in connection with this Agreement; and Consultant agrees at its own cost, expense and risk to defend any and all claims, actions, suits, or other legal proceedings brought or instituted against City, its agents, officers, officials, employees and volunteers, or any of them, arising out of, pertaining to, or relating to such negligent or otherwise wrongful act or omission, and to pay and satisfy any resulting judgments.

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

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

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

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

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

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

B. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any 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 Agenda Item #10.3.

Mead & Hunt
set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees or agents are in any manner officials, officers, employees or agents of City.

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

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

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

C. Consultant understands and acknowledges City maintains an anti-fraud and anticorruption policy to protect the City, its operations, and its employees from and against financial risks, operational breaches, and unethical, fraudulent and corrupt activities. Consultant represents and warrants that Consultant, its subcontractor(s) / subconsultant(s) and their respective employees providing Services pursuant to the Agreement are (1) in good standing; (2) have not been previously investigated, convicted, or debarred for fraudulent or corrupt activities; (3) will not participate in fraudulent or corrupt activities, and (4) will take steps to ensure that its employees and subcontractor(s) / subconsultant(s) employees do not participate in any fraudulent or corrupt activities. Consultant acknowledges and agrees further that it has a duty to and will report to City any information or incident(s) about possible fraudulent or corrupt activities Consultant may discover, and will cooperate in any fraud or corruption investigation conducted, with respect to Consultant’s service provided pursuant to this Agreement.

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

Agenda Item #10.3.

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

SECTION 12 – CONFIDENTIAL INFORMATION; RELEASE OF

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

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

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

C. If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Consultant’s conduct.

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

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 Agenda Item #10.3.

Mead & Hunt
satisfactory manner and Consultant shall be paid for Services performed and reimbursable expenses incurred prior to the suspension date.

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

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

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

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

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

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

SECTION 16 – COMPLIANCE WITH CALIFORNIA LABOR CODE

REQUIREMENTS
A. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and 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), Agenda Item #10.3.

Mead & Hunt
employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

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

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

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

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

C. Consultant shall permit City to audit, examine and make copies, excerpts and transcripts from such records, and the Consultant shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any matter whatsoever for three (3) years 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
Agenda Item #10.3.

Mead & Hunt
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, sent by facsimile, email, or first class mail, addressed as follows:

To City: Joe Leach
Public Works Director
1088 College Avenue
St. Helena, California 94574
To Consultant: Nancy Moricz
Mead & Hunt
180 Promenade Circle, Suite 240
Sacramento, CA 95834
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.

Agenda Item #10.3.

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

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

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

SECTION 23 – ENTIRE AGREEMENT
This Agreement, including the attached Exhibits, is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding unless in writing duly executed by the parties or their authorized representatives.

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

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

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

Agenda Item #10.3.

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

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

SECTION 29 – SEVERABILITY
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

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

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

SECTION 32 – SPECIAL PROVISIONS
Agenda Item #10.3.

Mead & Hunt
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: Nancy Moricz Name: Anil Comelo
Title:_Vice President Title: City Manager
Approved as to Form:

By: _________________________________
Name: Ethan Walsh
Title: City Attorney
Agenda Item #10.3.

© 2022 Mead & Hunt, Inc.

Mead & Hunt | 180 Promenade Circle, Suite 240, Sacramento, CA 95834 | 916-971-3961 | meadhunt.com September 25, 2023
Joseph Leach, Director of Public Works and City Engineer City of St. Helena
1480 Main Street
St. Helena, CA 94574
Subject: City of St. Helena Flood Protection Project System Assessment Dear Joseph:

Mead & Hunt, Inc. (Mead & Hunt) is pleased to submit this proposal to provide engineering services for the above-referenced project.

Project Understanding
Our proposal is based on our call on August 16, 2023. We understand that the City of St. Helena (City) has a need for Mead & Hunt to perform a System Assessment of your Flood Protection Project, located in Napa County, within the City of St. Helena.

The City completed its Flood Protection Project in 2011, which included the following primary flood control features:
• Earthen Levee and Reinforced Concrete Floodwall
• Detention Basin and a gated Gravity Outfall Culvert
• Storm Water Pump Station
• Bank Stabilization
The completion of the flood protection system was accredited by the Federal Emergency Management Agency (FEMA) in a Letter of Map Revision effective November 15, 2012.

Due to heavy rainfall events since the Project’s completion and the age of the facility, the City would like to have the Project’s flood protection features assessed, as outlined in this scope of work.

Mead & Hunt’s Scope of Services
After receipt of authorization to proceed, Mead & Hunt shall perform the following tasks:

Task 1 – Project Management and Meetings
Mead & Hunt will perform project management tasks necessary to complete this project. Project management activities include tasks to set up and administer the project and provide the City with Agenda Item #10.3.

Joseph Leach
September 25, 2023

© 2022 Mead & Hunt, Inc.

Mead & Hunt | 180 Promenade Circle, Suite 240, Sacramento, CA 95834 | 916-971-3961 | meadhunt.com monthly invoices and summaries. Mead & Hunt will conduct two (2) one-hour virtual meetings with the City:
• An initial meeting to review data and discuss needs/logistics for a visual inspection site visit; and a Preliminary Assessment Results review meeting.

Mead & Hunt will virtually attend one City Council meeting to present findings and answer technical questions.

Deliverables:
• Monthly invoices and summaries to the City.
• Agenda and meeting minutes.
• Presentation of Findings at City Council meeting.

Task 2 – Review of Existing Records and Documentation
Mead & Hunt will compile and review relevant design documentation in our project files for the Flood Protection Project. We will coordinate with the City to obtain available construction, operations, maintenance, and inspection records for the facility. The City’s documentation shall be made available within two weeks of receipt of the Notice to Proceed (NTP).

Deliverables:
• None: The necessary information will be included in Mead & Hunt’s Assessment Report.

Task 3 – Inspection of Flood Protection Project Features Mead & Hunt will perform a visual inspection of the Flood Protection Project features. This inspection will include the levee, floodwall, Sulfur Creek bank protection, detention basin, outlet culvert, pump station, and other drainage features. The City shall participate in the site inspection, make operations staff available for interview, and facilitate access/trial operations. If the visual inspection yields any potential issues, then further investigation may be recommended to the City, and additional scope and a revised schedule may be necessary. Potential additional optional tasks are described, but not yet scoped, under Task 5.

The visual inspection will be a high-level on-site assessment of the system and is anticipated to take one (1) day and require four (4) Mead & Hunt staff. If additional time is required, due to field conditions or other impacts to the visual inspection, additional scope and fee will be required.

Deliverables:
• Results from the visual inspection will be included in Task 4 reporting.

Task 4 – Assessment Report and Recommendations
Mead & Hunt will develop an assessment report to document the findings of our review of Agenda Item #10.3.

Joseph Leach
September 25, 2023

© 2022 Mead & Hunt, Inc.

Mead & Hunt | 180 Promenade Circle, Suite 240, Sacramento, CA 95834 | 916-971-3961 | meadhunt.com records/documents (Task 2) and our visual inspection (Task 3). We will review and summarize the findings of the data review and site inspections and provide ratings for the system components. The report will provide recommendations for future maintenance or increased frequency of maintenance recommendations to maintain the integrity of the system. Additionally, if any further investigations are recommended and authorized by the City for an additional scope/fee and modified schedule, those results will also be included in our assessment report of the City’s Flood Protection Project and our recommendations.

Deliverables:
• Draft Assessment Report, to be reviewed by the City and discussed during the one-hour virtual meeting described in Task 1 (electronic submittal).
• Final Assessment Report, addressing any comments from the City to the Draft Report (electronic submittal).

Task 5 – Optional Tasks (to be scoped later, if necessary) Mead & Hunt will scope and perform the following optional tasks, if necessary and authorized by the City, for additional scope and fee, and will potentially require a modified schedule for this work:

Task 5.1 – CCTV Pipe Inspection
Mead & Hunt will sub-contract interior pipe inspection for pipes through the levee that require inspection (two 20-inch steel pipes for pump station discharge, and one 42-inch reinforced concrete culvert for detention basin outlet). A camera will be mounted to a tracked or wheeled rover, and a video and report of potential anomalies will be produced for use in assessing the condition of pipes penetrating the levee. CCTV inspection will be completed by a licensed operator, and results will be completed in compliance with applicable standards for non-federal levees. Dewatering may be required for inspection.

Task 5.2 – Stormwater Pump and Motor Testing
Mead & Hunt will work with the City to contract with testing contractors to obtain pump and motor testing for the stormwater pumps. Testing of motors and motor leads wires insulation resistance (megger) tests will indicate the extent of degradation (and any faults) and provide guidance for future maintenance needs. Pump performance testing will identify the extent of pump wear, and identify anomalies, if any.

Task 5.3 – Surveys
Mead & Hunt will subcontract with surveyors to perform top-of-levee surveys or other areas if potential anomalies are identified during visual inspection.

Task 5.4 – Interior Drainage Modeling
Mead & Hunt will update the existing interior drainage modeling, should significant changes in the Agenda Item #10.3.

Joseph Leach
September 25, 2023

© 2022 Mead & Hunt, Inc.

Mead & Hunt | 180 Promenade Circle, Suite 240, Sacramento, CA 95834 | 916-971-3961 | meadhunt.com project’s watershed be identified. Such work may require surveying to model conditions.

Responsibilities of the City of St. Helena
Our Scope of Services and Compensation are based on the City performing or providing the following:
• A designated representative with complete authority to transmit instructions and information, receive information, interpret policy, and define decisions. • Access to the project sites.
• Provide available data, drawings, and information related to the project within two weeks of receipt of the NTP.
• Review of submitted documents within two weeks of receipt. • Protection of Mead & Hunt-supplied digital information or data, if any, from contamination, misuse, or changes.

Work Not Included in the Scope of Services
The following items are excluded from this agreement and will be provided by the City or provided by Mead & Hunt as an Additional Service only as authorized by the City:
• Design calculations or modeling updates
• Field surveying
• Testing
• Electrical inspections
• Design drawings and specifications related to any work potential repair or upgrade work performed as a result of the recommendations stated in the Assessment Report • Inspection of storm drains that route interior stormwater to the detention basins or around the flood protection levees/floodwalls
• Inspection of the areas within the floodplain that have no significant influence on the levee/floodwall system.
• Updates to Operation and Maintenance manuals/procedures • Attendance at City Council meetings
Project Schedule
• Mead & Hunt will provide a Draft Assessment Report, as described in the Scope of Services, within three (3) months after the NTP is received. It is anticipated that the NTP will be received by October 1, 2023, and the Assessment Report will be delivered by January 1, 2024.

Compensation
The work described under the Scope of Services will be performed on a time-and-expense basis, billed monthly, in accordance with the Mead & Hunt Standard Billing Rate Schedule, which is attached and Agenda Item #10.3.

Joseph Leach
September 25, 2023

© 2022 Mead & Hunt, Inc.

Mead & Hunt | 180 Promenade Circle, Suite 240, Sacramento, CA 95834 | 916-971-3961 | meadhunt.com made part of this proposal. The estimate of probable engineering cost of services is Forty-Two Thousand Seven-Hundred- Seventy-Three Dollars and Zero Cents ($42,773.00).

Authorization
The Scope of Services and Compensation stated in this proposal are valid for a period of thirty (30) days from the date of submission. If authorization to proceed is not received during this period, this proposal may be withdrawn or modified by Mead & Hunt.

Signatures of authorized representatives of the City of St. Helena and Mead & Hunt shall convert this proposal to an Agreement between the two parties, and receipt of one signed copy shall be considered authorization to proceed with the work described in the Scope of Services. All services shall be performed in accordance with the Master Service Agreement between the City of St. Helena and Mead & Hunt, that is currently pending finalization.

We appreciate the opportunity to submit this proposal to the City of St. Helena.

Respectfully submitted,
MEAD & HUNT, INC.

Jeff Kashiwada, PE, CFM
Project Manager
Attachment
Approved by: MEAD & HUNT, INC.

By:

Name: Nancy C. Moricz
Title: Vice President
Date September 25, 2023
Approved by: THE CITY OF ST. HELENA
By:

Name:

Title:

The above person is authorized to sign for Client and bind the Client to the terms hereof.

Date
Agenda Item #10.3.

Exhibit A. Mead & Hunt 2023 Standard Billing Rates
Agenda Item #10.3.

MEAD & HUNT, Inc.

Standard Billing Rate Schedule
Effective January 1, 2023
Standard Billing Rates
Clerical..............................................................................................................................................$89.00 / hour Technical Editor..............................................................................................................................$127.00 / hour Senior Editor...................................................................................................................................$208.00 / hour Registered Land Surveyor..............................................................................................................$162.00 / hour Accounting, Administrative Assistant..............................................................................................$114.00 / hour Technician I, Technical Writer ........................................................................................................$114.00 / hour Technician II, Surveyor - Instrument Person ..................................................................................$131.00 / hour Technician III ..................................................................................................................................$152.00 / hour Technician IV..................................................................................................................................$169.00 / hour Senior Technician...........................................................................................................................$180.00 / hour Engineer I, Scientist I, Architect I, Interior Designer I, Planner I ....................................................$146.00 / hour Engineer II, Scientist II, Architect II, Interior Designer II, Planner II ...............................................$165.00 / hour Engineer III, Scientist III, Architect III, Interior Designer III, Planner III ..........................................$187.00 / hour Senior Engineer, Senior Scientist, Senior Architect, Senior Interior Designer, Senior Planner, Senior Economist..................................................................................................$208.00 / hour Project Engineer, Project Scientist, Project Architect, Project Interior Designer, Project Planner ...............................................................................................................................$229.00 / hour Senior Project Engineer, Senior Project Scientist, Senior Project Architect, Senior Project Interior Designer, Senior Project Planner ...............................................................$264.00 / hour Senior Associate.............................................................................................................................$296.00 / hour Principal ..........................................................................................................................................$321.00 / hour Senior Client/Project Manager........................................................................................................$321.00 / hour Expenses
Geographic Information or GPS Systems ....................................................................................... $100.00 / day Total Station Survey Equipment ...................................................................................................... $110.00 / day Charges for other equipment may appear in a proposal
Out-Of-Pocket Direct Job Expenses................................................................................................cost plus 15% Such as reproductions, sub-consultants / contractors, etc.

Travel Expense
Company or Personal Car Mileage ................................................................................................ IRS rate / mile Air and Surface Transportation........................................................................................................cost plus 15% Lodging and Sustenance.................................................................................................................cost plus 15% Billing & Payment
Travel time is charged for work required to be performed out-of-office. A minimum of two hours will be billed for any work out-of-office.

Invoicing is on a monthly basis for work performed. Payment for services is due within 30 days from the date of the invoice. An interest charge of 1.5% per month is made on the unpaid balance starting 30 days after the date of invoice.

This schedule of billing rates is effective January 1, 2023, and will remain in effect until December 31, 2023, unless unforeseen increases in operational costs are encountered. We reserve the right to change rates to reflect such increases.

Agenda Item #10.3.

Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: October 10, 2023
FROM: Mario Traverso, Public Works Assistant Engineer
SUBJECT: Consideration of a proposed Resolution authorizing the City Manager to execute a Professional Service
Agreement with Summit Engineering Inc. to provide
engineering design services for the Oak Avenue
Rehabilitation Project in the amount not-to-exceed
$121,500.

RECOMMENDED
ACTION:

Staff recommends City Council approve the attached
resolution.

PREVIOUS COUNCIL
ACTION:

Resolution 2007-34 was approved by City Council on
February 27, 2007 to initiate design services for the
improvement of Oak Avenue with Summit Engineering Inc.
in the amount of $170,000.

STATEMENT OF THE
PURPOSE:

To complete the design for Oak Avenue utility and surface restoration.

FINANCIAL IMPACT: What is the annual fiscal impact?
The cost proposal provided by Summit Engineering to
complete the Oak Avenue Improvement Plans is estimated
at $121,500. This project is budgeted at $170,000 for
design in the current fiscal year and approved in the Fiscal Year 23/24 Capital Improvement Program Project No.

R24-02. Funding sources include a combination of
General Obligation ("GO") bond, Measure T and the
Wastewater Capital Improvement Fund. Funding sources
are allocated to scope specific components.

Expenditures Budget Proposal
3110 - Design $ 170,000 $ 121,500
Funding Sources
240 - Measure T $ 140,000 $ 91,500
420 - Go Bond $ 20,000 $ 20,000
773 - Wastewater Capital
Improvement $ 10,000 $ 10,000
Total $ 170,000 $ 121,500
BACKGROUND:

Agenda Item #10.4.

The utility infrastructure improvements for Oak Avenue are identified in the Integrated Utility Master Plan and include sections of water pipeline replacement, sewer pipeline replacement and storm drain pipeline replacement. Historically, these utility infrastructure improvement needs have prevented the City to pursue significant surface restoration through the corridor, including new pavement and repairing curb, gutter and sidewalk. In 2007, the City contracted with Summit Engineering of Santa Rosa to develop improvement plans to address the utility infrastructure needs which included the replacement of the water, sewer and storm utility infrastructure. This design effort resulted with Summit Engineering producing a 75% complete construction plan, which was delivered to the City in January 2008. The project stalled shortly thereafter for unknown reasons. City staff recently uncovered the 75% construction plan and solicited a proposal from Summit Engineering to complete the work as the scope of project aligns with the current Integrated Utility Master Plan and the Pavement Management 5 Year Plan.

DISCUSSION:

The existing surface condition of Oak Avenue and its utility infrastructure needs are well known and have been a longstanding City Council and community priority. Reengaging Summit Engineering to complete the improvement plans provides an opportunity to capitalize on the City's previous investment and provide an expedited project delivery schedule. The expedited project delivery opportunities will also align with the Vine Trail improvements through the corridor. Funding opportunities provided through the GO bond will allow for the City to proceed with the design and construction of the storm water and sewer components of the project. Funding through Measure T will allow the City to proceed with the design and construction of the surface components (e.g. sidewalk, curb and gutter) of the project. Additionally, the City will have a "shovel ready" project that could be eligible for grant funding opportunities when available or be deployed if additional funds are identified. Provided the approval of this request, Summit Engineering will be mobilized to complete the plans which could be finalized by the end of 2023, in preparation for bidding and construction activities in 2024. The City will promptly proceed with the funded construction components including storm and sewer, and work to secure funding for the water construction component. Upon completion of the utility replacement components, the City can proceed with the surface restoration which will be funded by Measure T.

ENVIRONMENTAL REVIEW: There is no environmental component to this item.

DOCUMENTS ATTACHMENTS:

Resolution - Oak Avenue Rehabilitation Project
Agreement - Oak Avenue Rehabilitation Project
5yr CIP Excerpt
Agenda Item #10.4.

CITY OF ST. HELENA
RESOLUTION NO. 2023-
(1) Authorizing the City Manager to execute a
Professional Services Agreement with Summit
Engineering, Inc. for the engineering design of the Oak Avenue Rehabilitation Project in the amount not-toexceed $121,500

RECITALS
A. The rehabilitation and restoration of Oak Avenue is a City Council and community priority; and
B. The rehabilitation and restoration of Oak Avenue aligns with the Integrated Utility Master Plan and the 5 Year Pavement Management Plan; and C. Design efforts began in 2007 by Summit Engineering of Santa Rosa which included the replacement of the storm water, sewer, and water utility infrastructure; and D. Summit Engineering was requested to provide a cost proposal to complete the design work which began in 2007; and
E. The scope of services provided by Summit Engineering is determined to be sufficient to complete the design work; and
F. The design for the Oak Avenue Rehabilitation Project is budgeted in FY2023-24; and

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

1. Authorizing the City Manager to execute a professional services agreement in the amount not to exceed $121,500 with Summit Engineers Inc. for the completion of the design of the Oak Avenue Rehabilitation Project; and

2. Authorizing staff to execute the appropriate budget appropriations and transfers of $121,500 from the General Obligation Bond fund and Measure T.

Approved at a Regular Meeting of the St. Helena City Council on October 10, 2023 by the following vote:

Mayor Dohring: __________
Agenda Item #10.4.

Vice Mayor Hall: __________
Councilmember Chouteau: __________
Councilmember Hardy: __________
Councilmember Summers: __________
APPROVED: ATTEST:
________________________ ________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #10.4.

AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on , 2022 by and between the City of St. Helena, located in the County of Napa, State of California (City), and Summit Engineering (Consultant).

RECITALS:

A. City desires to employ Consultant to furnish professional services in connection with the project described as Oak Avenue Improvements.

B. Consultant has represented that Consultant has the necessary expertise, experience, and quali?cations 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 identi?ed in Exhibit A, “Scopeof 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 speci?ed in Exhibit A, “Scope of Services”. attached hereto and made a 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, Page 1 of 13 2023-1()~04 Agenda Item #10.4.

and the amount remaining on the Agreement. City shall independently review each invoice submittedto determine whether the work perfomied, 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 a.iiy, 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 that it has the qualifications, experience and facilities necessary to properly perfomi the Services required under this Agreement in a thorough, competent and professional manner consistent with the professional skill and care ordinarily provided by expert ?rms practicing in the same or similar locality under the same or similar circumstances (hereina?er the “Standard of Care“).

B. In order to induce City to enter into this Agreement, Consiiltaiit represents that it I,» duly orgaiiizrzd, 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 certi?cations; that Consultant is duly quali?ed 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
A. 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 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 Page 2 of 13 2023-10-04 Agenda Item #10.4.

the performance of the services 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 Of?ce Commercial General Liability coverage (occurrence form CG 0001).

2. Insurance Services Of?ce forrn 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: $6,000,000 per occurrence and $7,000,000 aggregate 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: $6,000,000 per accident for bodily injury and property damage.

3. Employer’s Liability: $6,000,000 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 (per claim) and $4,000,000 (aggregate) of professional liability insurance.

D. Excess Limits. Limits required herein may be met via a combination of primary and excess liability policies. If Consultant maintains higher limits than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by Consultant.Any available insurance proceeds in excess of the speci?ed minimum limits of insurance and coverage shall be available to the City.

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

F. or retentions of $25,000 or greater must be declared to and approvedby the City. G. Other Insurance Provisions. The commercialgeneral liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its agent, of?cers, of?cials, employees, and volunteers are to be covered as additional insured as respects: liability arising out of work or operations Page 3 of 13 2023- 10-04
Agenda Item #10.4.

performed by the Consultant or Consultant’s subcorrsultants; 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 ofthe Civil Code.

I-I. Waiver of Subrogation. Consultant’s commercial general liability, automobile liability, workers’ compensation, and employers 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 operations of or services performed by the named insured for the City.

I. The Acceptability of lnsurcrs. lnsuraiicc is to be placed with insurers with a current I. A.M. Best’s rating ofno less than A: Vll, unless otherwise acceptable to the City.

J. Veri?cation of Coverage. Consultant shall furnish the City with original C81”IlflC£1IBS 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 certi?cates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certi?ed copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

SECTION 8 — INDEMNIFICATION
A. To the fullest extent allowed by law (including without limitation California Civil Code Sections 2782 and 2782.8), as may be applicable, Consultant shall indemnify, defend, and hold harmless City, its agents, officers, officials, employees, representatives, and volunteers from any and all claims, demands, suits, loss, damages, injury, and/or liability (including any and all act 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. The parties expressly agree that the Consultant Page 4 of 13 2D23—|0v04
Agenda Item #10.4.

has no duty to defend the Client from and against any claims, causes of action, or proceedings of any kind prior to a determination of proportionate fault.

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 Indemni?cation 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 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.
9 — INDEPENDENT A. Consultant is and shall at all times remain a wholly independent contractor and not an of?cer, 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. Page 5 of 13 2023- 10-04
Agenda Item #10.4.

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 my other bene?ts 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 ?rm, has or shall acquire any interest, directly or indirectly, which would con?ict 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 ofthe date of execution of this Agreement, independently involved in the performance of non—rclatcdServices 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 interestfor purposes ofthis section.

C. Consultant understands and acknowledges City maintains an anti-fraud and anti» corruption policy to protect the City, its operations, and its employees from and against ?nancial risks, operational breaches, and unethical, fraudulent and corrupt activities. Consultant represents and warrants that Consultant, its subcontractor(s) / subconsultant(s) and their respective employees providing Services pursuant to the Agreement are (1) in good standing; (2) have not been previously investigated, convicted, or debarred for fraudulent or corrupt activities; (3) will not participate in fraudulent or corrupt activities, and (4) will take steps to ensure that its employees and subcontractor(s) / subconsultant(s) employees do not participate in any fraudulent or corrupt activities. Consultant acknowledges and agrees further that it has a duty to and will report to City any information or incident(s) about possible fraudulent or corrupt activities SECTION 11
— OWNERSHIP OF DOCUMENTS A. All original maps, models, dcsigns, drawings, photographs, studies, surveys, reports, data, notes, computer ?les, ?les 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 Page 6 of]3 2023-l0-U4 Agenda Item #10.4.

permission of the Consultant, provided that City agrees to indemnify, defend and hold the Consultant harmless from and against any claimsor damages that may result from the subsequent use, reuse, transfer or modi?cation of Consultant’sdrawings and speci?cations, except on projects where the Consultant has been retained to provide services. 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 ?les, ?les 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 considereda “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 provided that City agrees to indemnify, defend and hold the Consultant harmless from and against any claims or damages that may result from the subsequent use, reuse, transfer or modi?cation of Consultant’s drawings and speci?cations, except on projects where the Consultant has been retained to provide services
a
SECTION 12 4-CONFIDENTIAL INFORMATION; RELEASE OF

INFORMATION
A. All information gained or work product produced by Consultant in performance of this Agreement shall be considered con?dential, 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. All obligations and restrictions on the use of Con?dential Information under this Agreement shall remain in effect for a period of ?ve (5) years from the last day services are performed under this Agreement or the date of ?nalpayment under this Agreement, whichever occurs last.

B. Consultant, its of?cers, 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. prevent Consultant from disclosing only those portions of Con?dential Information that are required to be disclosed by law, government regulation, rule, ethical obligation, subpoena or court order, provided that Consultant provides reasonable prior notice to City of such required disclosure and takes reasonable lawful measures to avoid or minimize such disclosure, including providing reasonable assistance to city with respect to any appropriate action that City may decide to take Page 7 of 13 2023-l0—04
Agenda Item #10.4.

C. If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any infonnation 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 reasonable attorneys’ fees, caused by or incurredas a result of Consultant’s conduct.

D. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discoveiy 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 perfonnance in a mutually satisfactory manner and Consultant shall be paid for Services performed and reimbursable expenses incurred prior to the suspension date.

SECTION 14 A COMPLIANCE WITH LAW
Consultant shall keep itself informed of and exercise the Standard of Care to comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and nilcs 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, to the extent caused by 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. Egual Emploment Opportunig. In connectionwith 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 speci?cally and expressively in that category, physical recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selectionfor training including apprenticeship. B. NondiscriminationCivil Rights Act of 1964. Consultant will comply with all federal regulations relative to nondiscriminationto federally-assisted programs. Page 8 of 13 2023-10-04
Agenda Item #10.4.

C. Solicitations for Subcontractors including Procurement of Materials and Eq_uip;ment.

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 noti?ed by Consultant of Consultant’s obligations under this Agreementand the regulations relative to nondiscrimination.

SECTION 16 —— COMPLIANCE WITH CALIFORNIA LABOR CODE

RE UIREMENTS
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 de?ned 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 of?cials, of?cers, 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), certi?ed 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 certi?ed 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 speci?ed 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 speci?ed 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 out Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its of?cials, of?cers, employees and agents free and harmlessfrom any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor. Page 9 of 13 2023-10-04
Agenda Item #10.4.

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 ofConsultant’s ?nal invoice.

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

C. Consultant shall permit City to audit, examine and make copies, excerpts and transcripts from such records, and the Consultant shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any matter whatsoever for three (3) years after City makes the ?nal 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.

SE ON 18 — LIMITATI N ABILITY
A. Consultant agrees that any liability of City arising in conncction with this Agreement shall be limited exclusively to the City-entity identi?ed 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 pro?ts or revenue, arising out of or in connection with this Agreement or the Services performed hereunder.

C. To the fullest extent permitted by law but only with respect to claims for which Consultant maintains insurance coverage as a requirement under this Agreement, the total liability, in the aggregate, of Consultant and its officers, directors, partners, employees, agents, and subconsultantsto City and anyone claiming through or under City, for any claims, losses, costs, or damages whatsoever arising out of, resulting from or in any way relating to this negligence and professional errors and omissions), strict liability, breach of contract, or breach ofwarranty shall not exceed the policy limits set forth herein. SECTION 19 — COOPERATION BY CITY All public infonnation, 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 Page 10 of 13 2023-10414 Agenda Item #10.4.

Exhibit A, “Scope of Services”, shall be ?irnished 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 ?rst class mail, addressed as follows:

To City: City Manager
1572 Railroad Avenue
St. Helena, California 94574
To Consultant: Summit Engineering
575 West College Ave
Suite 201
Santa Rosa, CA 95401
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 ceaseimmediately 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 ?nal invoice for work performed and expenses incurred by Consultant, prepared as set forth in this Agreement.

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. Page ll ofl3 2023—l0-04
Agenda Item #10.4.

SECTION 23 — ENTIRE AGREEMENT
This Agreement, including the attached Exhibits, is the entire, complete, ?nal 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 a.nd assigns of the parties. However, this Agreement shall not be assigned by Consultant without written consent of the City.

SECTION 25 — CONTINUITY OF PERSONNEL
Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff assigned to perform the Services required under this Agreement. Consultant shall notify City of any changes in Consultant‘s staff assigned to perfonn 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 ten-ninate 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
to 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 Northem District of California, in San Francisco. Page 12 of 13 202} l0—04
Agenda Item #10.4.

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).

ET ~ PA IRI
Consultant’s subconsultantsshall 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 bene?ts on persons or entities not party to this Agreement.

SE T 31 — STAT ES OF LIMIT
As between the parties to this Agreement, any applicablestatute of limitations for action arising out of, pertaining to, or relating to any act or failure to act in connection with this Agreement shall commence to run on the date of City’s issuance of the final Certi?cate for Payment, or termination of this Agreement, whichever is earlier, except for latent defects and/or de?ciencies, for which the applicable statute of limitation shall begin to run upon discovery of the defect and/or de?ciency 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: Princi al Title: City Manager
By: Name: Ethan Walsh Title: City Attorney Page 13 of 13 2DZ3—ll)-04
Agenda Item #10.4.

Civlt. 5TRUClUR’\L ELECTRICAL wares: l WASTEWATER PLANNING SUMMIT‘ Exhibit A. SCOPE OF WORK
CLIENT: CITVOF ST. HELENA PROJECT: OAK AVENUEIMPROVEMENTS Attn: Mario Traverso Utilityand Street Improvements
1800 College Avenue
St. Helena, CA 94574
Date: October 4, 2023 Project No.: ZOZ3JTG.O09
Summit Engineering, Inc. (hereinafter known as "SUMM|T") is a California corporation offering professional engineering services under California License Number C63063. The CLIENTauthorizes SUMMITto complete the following Scope of Work in accordance with the terms set forth by the CLIENT‘SAgreement.

PROJECTDESCRIPTION
The City of St. Helena (City)plans to make improvements to the municipal Storm Water, Sanitary Sewer, and Water utilities within Oak Avenue with extensions into some neighboring streets. The City also plans to make street improvements and has requested that SUMMIT provide engineering services for the proposed improvements as described below. SUMMITpreviously prepared partial design drawings for the proposed utility improvements and had entered into an agreement to perform work related to the street improvements In 2007 through 2009, before that work was placed on hold by the City of St.

Helena. The project scope generally includes the following, but may be superseded by the progress drawings:

1. Sewer main replacement of approximately 2,500 linealfeet (LF)of existing 6" diameter Vitrified Clay Pipe (VCP)with a new 8" diameter Poly Vinyl Chloride (PVC)sewer main. Replacement of all manholes along Oak Street from Madrone Street to Michell. Sewer Main replacement on Spring Street and Adams Street between Oak and Main Street. Serwer replacement to include the replacement of laterals (approximate 80) from the main to the back of sidewalk. Cleanouts are to be added for those laterals that don't currently have them.

2. Storm drain replacement of approximately 2,800 LFof 17" diameter clay pipe with new pipe in Oak Avenue from Madrona Street to Sulphur Creek.

3. Water main replacement of approximately 895 LFof existing 6" water main with new 8" water main. The location is on Oak Street, between Adams Street and Spring Street. The project includes water services and two 6" diameter Fire hydrants. The new water line will have a tie—in at Money Way and Tainter Street.

4. Oak Avenue pavement reconstruction consists of approximately 2,300 LF.The project will grading, installation of curb, gutter, driveway aprons, and sidewalks in most areas, catch basins, pavement, and surface reconstruction. The project will commence from the southerly cross walk at Madrona Street and terminate at the Northerly Right—of-Wayat Mitchell Street. The reconstruction of Oak Avenue is part of the City's Capital Improvement Plan. BASICSERVICES 1. Preliminag; Engineering (.200 Summit Engineering. inc :75 W Czvlleec/\vc , Salli‘
f‘L)l - San1aRm3 . wvvwsummit-sr.corn
Agenda Item #10.4.

SUMMIT ENGINEERING,INC

Project No.: 2023JTG.009
October 4, 2023
A. Confirmation design approach with City.

B. Site Visit to review existing conditions relative to previously prepared progress drawings.

C. Review updated stormwater master plan to confirmoriginal approach on Oak Avenue storm sewer is consistent with recommendations of updated master plan.

D. Review past correspondence "regardingalternative proposed sewer routing to the manhole in Pope Street, and coordinate with City ifthat alternative routing is desired. ‘
E. Participate and assist the City with coordination of one public meeting, mailings, exhibit, and letter preparation, if requested.

Utility Improvements

2. Sanitary Sewer Improvement (.230)
A. Review 75% progress drawings, previously prepared for the project and make revisions based on review.

B. Review drawings with City of St. Helena representatives and incorporate requested changes.

C. Task Deliverable:
1) Provide 90% progress drawings and 100% bid drawings.

Storm Drain Improvements (.231)
A. Review 75% progress drawings, previously prepared for the project and make revisions based on review.

B. Review drawings with City of St. Helena representatives and incorporate requested changes.

C. Task Deliverable:
1) Provide 90% progress drawings and 100% bid drawings.

Water Main Improvements L232)
A. Review 75% progress drawings, previously prepared for the project and makerevisions based on review.

B. Review drawings with City of St. Helena representatives and incorporate requested changes.

C. Task Deliverable:
1) Provide 90% progress drawings and 100% bid drawings.

P:\2023\_Iob DeveIopment\JTG\2023ITG.009 Oak Avenue Utility Replacement\Agreements\SOW 2023—10«04 MT.docx rrr: In . Agenda Item #10.4.

SUMMITENGINEERING,INC

Project No.: 2023JTG.009
October 4, 2023
Street lmgrovements

5. Conceptual Street Reconstruction Drawings (.2331
A.

B
C.

D
Define the limits of pavement construction.

Define limitsfor curb and gutter, storm drain catch basins requirements for replacement.

Meet with the City Engineer to review the project site and limits of construction.

Meet with Vine Trail and City representatives for coordination of proposed improvements with future planned Vine Trail improvement within the Oak Avenue improvement areas.

Review the condition of storm drain catchments and determine a replacement approach with City Personnel.

Review newer intersection and curb ramp improvements and determine if additional improvements are necessary.

Task Deliverable:
1) Concept street reconstruction drawing for City review

6. Construction Drawings
— Street Reconstruction (.234)
A.
_G7.""‘.'“_U.n
Design street grading and reconstruction of the pavement surface from Madrona Street to Mitchell Street.

Design replacement of curb, gutter, and selected driveway aprons in conformance with California accessibility standards where physical constraints do not interfere with compliance.

Design curb returns and accessiblecurb cut ramps.

Prepare plan for replacement of selected catch basins.

Prepare Re-striping Pavement Marking Plan.

Prepare Detour Traffic flow maps for the various locations and phases of construction.

Task Deliverable:
1) Provide 50% and 90% progress drawings and 100% submittals in the City's required format.

Bid Package

7. BidPackage Prep (.600)
A.

B
DE
Prepare bid package consolidating the utilities and street reconstruction plans.

Prepare technical specifications.

Attend one City Council Meeting if requested by City personnel. Task Deliverable: 1) Plans and specifications for bid package P:\Z023\_Job Developrnent\JTG\20Z3JTG.0O9Oak Avenue Utility Replacement\Agreements\SOW2023-10—04MT.docx JTG/Itr Agenda Item #10.4.

SUMMITENGINEERING,INC

Project No.: 2023JTG.OO9
October 4, 2023

ADDITIONALSERVICES

1. Permitting with Caltrans, Fish and Wildlife, Army Corps of Engineers, or State Water Board

2. Design and construction services for additional utilities and areas of utility replacement

3. New regulatory requirements that may impact scope of work, including compliance with City's MS4 permit or incorporating trash capture requirements.

4. Bidding and construction Assistance

5. Design of Vine trail improvements

EXCLUDEDITEMS

1. 2.

Geotechnical Engineering
Topographic mapping

ASSUMPTIONS

1. This Agreement is based on design concepts as depicted on the 75% design drawings prepared by SUMMIT for Sanitary Sewer, Storm Drain, and Water Main replacements dated January 1, 2008, and as discussed in meetings with Mario Traverso on March 30, 2023. Revisions to the project concept, location, or specific design features implemented by the CLIENTmay require an adjustment in the estimated fees and schedule.

If new pavement sections or alternative pavements are desired, input from a geotechnical engineer will be required, and a geotechnical investigation may be needed which would become a part of the Construction Documents.

I Hydrology, hydraulics, or utility system modeling are not anticipated in the proposed work. It is assumed that the information provided by the Utility System Master Plan is adequate as a basisfor design.

The existing conditions are assumed to be accurately reflected by the topographic mapping prepared for the project in May 2007. Per the direction of the City no additional topographic mapping is desired or planned. If conditions are different than reflected on the topographic mapping, additional work may be required to address these areas, or if identified during construction additional construction cost may be incurred by the City.

The outfall structure at Sulpher Creek is understood to be already completed, and nowork is proposed for that feature.

Inflow and Infiltration study and monitoring are not part of the scope of work. drawings will be required or requested by the City for the water main and street improvements. The budget has assumed minimal edits to the previously prepared profile drawings for the sanitary sewer and storm drain drawings. Due to the age of the previously prepared drawings files for this project, this will most efficiently be executed in the current drawing file format. However, if substantial changes are required, it may be necessary to transfer the profile information to current software for efficient editing. Ifthat is the case, additional budget may be required. P:\2023\_Job Development\JTG\2023JTG.009 Oak Avenue Utility Replacement\Agreements\SOW 2023-10-04 MT.docx Agenda Item #10.4.

SUMMIT ENGINEERING,INC

10. 11.

12. 13.

14. 15.

16. 17.

18. 19.

20. 21.

22. 23.

24. 25.

Project No.: 2023JTG.OO9
October 4, 2023
Stormwater Monitoring, also known as QualifiedSWPPP practitioner (QSP)services under the construction general permit, is assumed to be performed by others.

Monument restoration, if required to be conducted by Contractor or Surveyor under contract to the City.

The City willbid on the project and be responsible for evaluating the Bidder’s Qualifications and bids.

The project drawings will be organized as a single package. lfthey are broken-up, and bid as separate projects, additional scope will be required.

Periodic construction inspections will be made by the City staff.

The City willreview the Contractor's pay requests.

The City will provide CEQAreview for project, if necessary.

The City's Contractor will provide hazardous materials assessment and abatement, if required.

No pumps or pressure regulators are required for the project.

No state highway encroachment is planned.

Traffic control plans during construction will be prepared by the Contractor. lmprovements will be per City standards. City standard specifications and details will be used for preparation of the bid and Construction Documents.

ADA compliance may not be able to be met in some locations clue to physical constraints. lt is assumed that the City personnel will provide guidance regarding allowable exceptions to the accessibility requirements, if necessary.

The proposed work shall be designed, bid, and constructed within 24 months for authorization to proceed.
lf any right of way or right-of-way acquisition is required, it will be performed by the City and is not part of this scope of work.

The City shall provide all environmental services for the project.

The bidding contractor is assumed to prepare and monitor any required construction stormwater pollution prevention plan.

P:\2023\_}ob Development\JTG\2023JTG.O09 Oak Avenue Utility Replacement\Agreements\SOW 2023-10«O4 MT.docx rrr: In-.—
Agenda Item #10.4.

SUMMITENGINEERING,INC

FEES
Project No.22023JTG.009
October 4, 2023

1. Basis of Fee: Charges by SUMMIT to the CLIENTfor the services described herein shall be on a fixed fee or time and expense (T&E)basis, as noted below, and based on the attached SCHEDULEOF HOURLYRATESANDCOSTS.The SCHEDULEOF HOURLYRATESANDCOSTSmay be updated periodically by SUMMIT based on written notification. Changes to the SCHEDULEOF HOURLYRATES ANDCOSTSwill not affect previously authorized fixed fee tasks.

Basic Service Tasks (Billing Code #) J Fee Basis Fee Amount Preliminary Engineering_(.200) T&E(Budget) 5 13,000
TOTAL $ 13,000
:Utility Improvements (BillingCode #) :‘
Fee Basis Fee Amount
Sanitary Sewer Improvement (.230) T&E(Budget)#r 5 13,000 [StormDrain Improvements (.231) T&E(Budget) T 5 11,000 - I
L
Water Main Improvements (.232) T&E(Budget) 5 8,500
TOTAL 1$ 32,500
Street Reconstruction (Billing Code #)
W Fee Basis
Y Fee Amount
LConceptual Street Reconstruction Drawings (.233) T&E(Budget) 5 9,000 (LConstruction Documents
— Street Reconstruction (.234) T&E(Budget) F
5 60,000
TOTAL $ 69,000
... _._Jr
[ Bid Package (Billing Code #) Fee Basis I Fee Amount
BidPackage Prep (.600) J
T&E(Budget) Ik
5 6,000
TOTAL $ 6,000
TOTALCONTRACTBUDGET [_$ 120,500
Reimbursable Expenses (.990) T&E(Budget) 15 1,000

2. Reimbursable Expenses
Reimbursable expenses include costs for printing, postage, telephone, and mileage as set forth in ’ 3. Additional Services The CLIENTshall pay charges by SUMMIT for Additional Services based upon the hourly rates and costs set forth in the SCHEDULEOF HOURLYRATESANDCOSTSeffective at the time services are provided or by Supplemental Agreements. Additional services shall be authorized by the CLIENT before proceeding. P:\2023\job DeveIoprnent\JTG\2023JTG.009 Oak Avenue Utility Replacement\Agreements\SOW 2023-10-04 MT.docx Agenda Item #10.4.

SUMMITENGINEERING,INC

TIMING
Project No.: 2023JTG.009
October 4, 2023

1. Proposed Schedule
A. SUMMIT willmake efforts to complete services in accordance with a schedule to be developed in conjunction with CLIENT,and SUMMIT.

Completion in accordance with the above schedule may be affected by the timing of CLIENT decisions and the activities of outside consultants and government agencies. SUMMIT assumes no responsibility for delays beyond the reasonable control of SUMMIT.

Required Information/Actionsby Others
Thisschedule assumes that the following is provided by the date indicated:

The City will provide the following information and/orservices prior to the beginning of design work on the project or as otherwise noted:

A. City to provide information SUMMIT about any changed conditions related to the waterlines, services, sewer mains and lateral connections, storm drain pipes and streetscapes in the vicinity of the project. Also,sanitary sewer, and storm drain manhole locations including elevations and inverts, and inlet locations including elevations and inverts. Provide information regarding the number and location of all known laterals.

City to provide limits of existing concrete subbase.

City to provide updated design criteria and master planning documents.

City to provide at-grade marking and plan markups of any known main sewer line bends and/or sweeps if different from what is currently provided in 75% drawings.

Make available the sewer system TV report for use by SUMMIT.

City to provide template contract forms and bid package documents.

SUMMIT willbe entitled to rely on the adequacy and accuracy of the information provided by the CLIENT,CLIENT’sconsultants, or CL|ENT’s representatives.

P:\2023\_.lob Deve|opment\JTG\2023JTG.009 Oak Avenue Utility Replacement\Agreements\SOW2023-10-04 MT.docx ITG/ifr Agenda Item #10.4.

CIVIL STRUCTURAL ELECTRICAL WATERI‘WASTEWATER PLANNENG SUMMIT

SCHEDULEOF HOURLYT RATESANDCOSTS
Effective October 15‘,2022
PRINCIPAL............................................................................................................................... "$250.00/hour ASSOCIATE............................................................................................................................... “$220.00/hour DIVISIONMANAGER................................................................................................................ “$220.00/hour SENIORPROJECTMANAGER............................................................................................................. "$210.00/hour PROJECTMANAGER................................................................................................ ..$170.00 — $200.00/hour PROJECTENGINEER................................................................................................. ..$165.00 — $190.00/hour STAFFENGINEER................................................................................................. ..$145.00 - $180.00/hour SENIORCADTECHNICIAN........................................................................................ ..$150.00 — $175.00/hour CADTECHNICIAN........................................................................................................... ..$120.00 - $145.00/hour PLANNER............................................................................................................................ ..$135.00 — $170.00/hour PROJECTADMINISTRATOR...................................................................................................... “$100.00/hour CLERICAL................................................................................................................................... “$70.00/hour OUTSIDECONSULTANTS......................................................................................................... ..Cost plus 10% MILEAGE....................................................................................................................................... “$0.65/mile MISCELLANEOUSCOSTS.......................................................................................................... ..Cost plus 15% Reproductions
V Travel Expenses
Long Distance Telephone
Equipment Rental
Postage
Permit Application Fees LITIGATIONASSISTANCE Engineering services related to litigation or legal proceedings (Hearings, depositions, court appearances) Including preparation .................................................................................... .. 1.5 times standard rate Summit Engineering, inc
_ 5'35 W. College Suite EOI ~ Rosa, 98-éfll
° ‘F707 :‘>2?’~iI)'??’5 www.summ%t—sr,c0m
Agenda Item #10.4.

Agenda Item #10.4.

Oak Avenue Rehabilitation
Category:

Project Oak Avenue - Madrona to Mitchell
Streets
Project No: R24-02
Location:

Responsible
Department:
2023-24 2024-25 2025-26 2027-28

PROJECT
TOTAL

EXPENDITURES
(Thousands of Dollars)
2026-27
Total YTD
05/16/23
3110 - Design 170,000 170,000
EXPENDITURE TOTALS 170,000 170,000
FUNDING SOURCES
240-Measure T 140,000 140,000
420-Go Bonds 20,000 20,000
773-Wastewater Capital Improvement 10,000 10,000
FUNDING TOTALS 170,000 170,000
PROJECT PURPOSE & DESCRIPTION:   Rehabilitate underground utilities, pavement, curb/gutter/sidewalk including collaboration with various stakeholders including School District, NVTA/Vine Trail, etc.

NOTES:   FY24 - resurrect 2008 project; scope includes completing design for project and starting the permitting process to outfall to Sulphur Creek; portion of storm drain rehab funded through CIP No. D24-01; portion of sanitary sewer rehab funded thru CIP No. S24-02 EXPENDITURE ACCOUNTS:
27 Agenda Item #10.4.

Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: October 10, 2023
FROM: Mario Traverso, Public Works Assistant Engineer
SUBJECT: Consideration and proposed adoption of a Resolution approving the plan for the WWTP 10-Inch Recycled Water
Pipeline Extension Project and authorizing the
advertisement for bids.

RECOMMENDED
ACTION:

Adopt the attached resolution and authorize staff to solicit proposals for the WWTP 10-Inch Recycled Water Pipeline
Extension Project.

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
PURPOSE:

The purpose of this request is to request City Council's approval to advertise for bids for the installation of a 10-inch recycled water pipeline at the wastewater treatment facility.

FINANCIAL IMPACT: Initially, project staff requested a quote from the project contractor for the cost to install the pipeline as a change order item to the existing contract. The project contractor provided a quote in excess of $500,000. In response, staff requested additional quotes from other area contractors which were provided in the $200,000 to $250,000 range.

Staff is requesting City Council approval to solicit bids publicly in efforts to provide more competitive pricing. Due to the time of year, and variability of the construction industry, staff expects bids can range from $150,000 to $220,000. The solicitation of bids publicly, will be consistent with procurement policy and will provide the most
competitive price if it is decided that the project should move forward. If the project is awarded the funding sources for this project will include the wastewater enterprise fund, or the Wastewater Treatment and Reclamation Improvement
Project S-52.

BACKGROUND:

The Wastewater Treatment and Reclamation Improvement Project is a complete overhaul of the City's wastewater treatment capabilities which will provide the City with significant technological advances in water treatment and ensure resilient and sustainable operations. The project has reached significant milestones including the installation of underground conduits and piping, the installation of the concrete foundation, and delivery and installation of the treatment packaged units. As the project continues to reach critical Agenda Item #10.5.

points in the construction process, project staff works closely with the project engineers, contractors, and vendors to develop the strategies needed to fully and successfully transition operations from the existing pond system to the new Membrane Bio-Reactor (MBR) process.

DISCUSSION:

The strategy for the eventual operational transition from the existing pond system process to the new MBR process continues to develop throughout construction process. The operational transition must successfully integrate the new MBR operations with components of the existing pond process, the available treated water discharge methods, and the water quality requirements of the operating permit, while maintaining uninterrupted operations. Part of this operational transition strategy includes a pipeline to transfer treated water from the new MBR process to the existing pond 5. In pond 5, the treated water is stored for eventual discharge to the spray fields or to the Napa River. The installation of this pipeline is included in the current project and installation is underway.

Project staff have concluded that the current strategy of transferring treated water to pond 5 for storage or through pond 5 for discharge to the Napa River will prove problematic.

Pond 5, being open air is susceptible to coliform bacteria development, and also contains a historical pollutant and contaminant load which would render the water quality unacceptable to discharge to the Napa River under the operating permits. Project staff have identified the operational need for an extension of this pipeline to allow operators to bypass storage in pond 5, to be able to discharge effluent directly to the Napa River. This is especially necessary during the winter and rain seasons where pond 5 will not have adequate storage capacity for the high flows and discharge to the spray fields is limited.

The City must be able to continue discharge of treated water to the Napa River at contaminant levels in compliance with the operating permit.

The construction plan for the extension of the pipeline was developed by Hydroscience, and includes the installation of approximately 1000 linear feet of pipe which will connect the MBR unit directly to the discharge location at the Napa River. The specifications for the construction plan will be the 2019 St. Helena City Standards, and City staff will compile the contract documents.

ENVIRONMENTAL REVIEW:

No adverse environmental effects will result from this project. This project will ensure continued compliance with the Water Treatment Plant Operating permit. This project is exempt from CEQA per § 21080.21.

DOCUMENTS ATTACHMENTS:

Resolution - WWTP 10-Inch Recycled Water Pipeline Extension Plan - WWTP 10-Inch Recycled Water Pipeline Extension
Agenda Item #10.5.

CITY OF ST. HELENA
RESOLUTION NO. 2023 -
Finding the WWTP 10-Inch Recycled Water Pipeline
Extension Project Exempt from CEQA; Approving and
adopting the project plan; and Authorizing the Bid
Request for the WWTP 10-Inch Recycled Water Pipeline
Extension Project.

RECITALS
A. The WWTP Phase 1 Upgrades Project S-52 includes the installation of a wholly new wastewater treatment process, which will integrate into existing facilities and utilize existing effluent discharge methods; and
B. The WWTP 10-Inch Recycled Water Pipeline Project has been identified as a necessary component for the operational transition and future operation of the wastewater treatment plant; and
C. The plan for the WWTP 10-Inch Recycled Water Pipeline Project has been prepared by Hydroscience Engineers, reviewed by the City Engineer, and presented for approval and authorization to bid.

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

1. The project is categorically exempt from the California Environmental Quality Act, pursuant to CEQA Guidelines section 21080.21, new pipeline installations less than one mile in length; and

2. The Project Plans will be available online at the City of St. Helena’s website and for viewing at St. Helena Public Works at 1088 College Avenue, are hereby approved; and

3. The Public Works Director/City Engineer is authorized to solicit bids for the subject project.

Approved at a Regular Meeting of the St. Helena City Council on October 10, 2023, by the following vote:

Mayor Dohring: __________
Vice Mayor Hall: __________
Agenda Item #10.5.

Councilmember Chouteau: __________
Councilmember Hardy: __________
Councilmember Summers: __________
APPROVED: ATTEST:
__________________________ __________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulous, City Clerk Agenda Item #10.5.

G012
AGP
11 KEY MAP, SURVEY NOTES,

BENCHMARKS, AND MONUMENTS

WASTEWATER TREATMENT

AND RECLAMATION PLANT

IMPROVEMENT PROJECT
05/16/2022
455-001
115
JC
CML
2 PAPER SIZE: 22X34 (ANSI D)

DRAWING
NUMBER
SHEET
JOB NO.

DATEDRAWN BYDESIGNED BY
PROJ. MGR.

REVISIONS

REV DESCRIPTION DATE APVD

A CDEFGH B
13456

A CDEFGH B
213456
0" 1/2" 1"
OF
1572 Railroad Avenue, St. Helena,
CALIFORNIA, 94574
PH. 707-968-2658

PUBLIC WORKS

SURVEY CONTROLSURVEY NOTES

KEY MAP
N

CONTROL POINT TABLE
POND 1A

PRIMARY EQUALIZATION
NOM WS EL = 205.9'
POND 1B

PRIMARY

EQUALIZATION/

EMERGENCY

STORAGE
NOM WS EL = 205.9'
POND 5

TERTIARY STORAGE/

SPRAY FIELD EQ
NOM WS EL = 200.2'
POND 2

PRIMARY EQUALIZATION/

EMERGENCY STORAGE
NOM WS EL = 205.3'

NAPA RIVER

CHAIX LANE
POND 3

PRIMARY EQUALIZATION/

EMERGENCY STORAGE
NOM WS EL = 205.0'
POND 4

PRIMARY EQUALIZATION/

EMERGENCY STORAGE
NOM WS EL = 202.5'
INSTALL 10-INCH PLUGVALVE ONTO 10-INCH TEESEE NOTE 7
45-DEGREE ELLS (2-PLCS)INSTALL THRUST BLOCKS(2-PLCS)SEE NOTE 3

22.5-DEGREE ELLSEE NOTE 3
90-DEGREE ELL (4 -PLCS)INSTALL THRUST BLOCKSEE NOTES 3, 4, 5, 6, 8 SEE NOTE 1 AND 2
SEE NOTE 5 SEE NOTE 6
NOTES:1. PIPE INSTALLATION TO FOLLOW SAME METHOD AS SHOWN ON THE CONTRACT DOCUMENTS.2. NEW RECYCLED WATER (RW) PIPELINE TO MATCH EXISTING 10-INCH PIPELINE DEPTH/COVER.UNLESS OTHERWISE NOTED.3. RESTRAINT JOINTS, AS STATED ON THE CONTRACT DOCUMENTS, SHALL BE USED ON TWO PIPE JOINTS, ON BOTH UPSTREAM AND DOWNSTREAM OF FITTINGS.4. ATTACHED EXPOSED VERTICAL DUCTILE IRON PIPING TO EFFLUENT CONCRETE VAULT WALL WITH SS UNISTRUTS. USE EPOXY ANCHORS (HILTI OR EQUAL).5. INSTALL PIPE SUPPORT AT THE TOP OF THE CONCRETE WALL AS THE PIPE CROSSES OVER.

6. CUT GRATING TO FIT PIPING. PIPE SHALL PENETRATE STEEL GRATING A MINIMUM OF 2-FEETBELOW GRATING INTO VAULT.7. PLUG VALVE TO HAVE A 2-INCH NUT OPERATOR AND INSTALLED PER EQUIVALENT INSTRUCTIONSSHOWN IN DETAIL C/C906 OF THE CONTRACT DOCUMENTS. INSTALL VALVE BOX TO ACCESS NUTOPERATOR.8. ABOVE-GRADE PIPING TO BE PAINTED PURPLE (PANTONE 512 OR CLOSE MATCH) TO IDENTIFY IT AS RW. AS AN ALTERNATE, INDENTIFY PIPING WITH RW SIGNAGE CLEARLY STATING THAT IT IS RWAND NOT FOR HUMAN CONSUMPTION.

DATE: 7-20-2023
DRAWN BY:

EFRANCISCO
Agenda Item #10.5.

Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: October 10, 2023
FROM: Joseph Leach, Public Works Director and City Engineer, Lesley Milton, Asst. to the City Manager
SUBJECT: Approval of a Resolution authorizing (1) Amendment No. 5 to the STH Contract: FY2021-077 in the amount of $175,000, with Operational Technical Services for a total amount not-toexceed of $1,125,200 for temporary Wastewater Treatment Plant operators; and (2) Amendment No. 6 to STH Contract:

FY2021-048 in the amount of $800,000 with Operational
Technical Services for a total amount not-to-exceed of
$3,444,005 for temporary Water Treatment Plant operators.

RECOMMENDED
ACTION:

Staff recommends adoption of the attached Resolution.

PREVIOUS COUNCIL
ACTION:

Wastewater Treatment Plant - STH Contract FY2021-077
Date Resolution
4/27/2021 2021-51
1/25/2022 2022-3
2/22/2022 2022-15
8/09/2022 2022-74
4/25/2023 2023-32
Water Treatment Plant - STH Contract FY2021-048
Date Resolution
1/26/2021 n/a
3/23/2021 2021-37
1/25/2022 2022-3
2/22/2022 2022-15
8/9/2322 2022-74
4/25/23 2023-32

STATEMENT OF THE
PURPOSE:

Approval of Amendment #5 to STH Contract 2021-077 for continued Wastewater Treatment Operations Staffing and approval of Amendment #6 to STH Contract FY2021-048 for continued Water Treatment Operations Staffing.

FINANCIAL IMPACT: Wastewater Operators
The FY 2023-24 Adopted budget included a budgeted amount of $175,000 in the Wastewater Operations Fund for this
contracted service. Amendment No. 5 to Professional
Agenda Item #10.6.

Services Agreement STH 2021-077 requests authorization to use the budgeted funds and no additional funds are necessary at this time.

Water Operators
The FY 2023-24 Adopted budget included a budgeted amount of $1,200,000 in the Water Operations Fund for this
contracted service. Amendment No. 6 to Professional
Services Agreement STH 2021-048 requests authorization to use only $800,000 of the budgeted funds and no additional funds are necessary at this time.

BACKGROUND:

Wastewater Treatment Plant Staffing Agreement (STH Contract: FY2021-077) On April 27, 2021, the City and Operational Technical Services (OTS) entered into an initial agreement (STH FY2021-077) for OTS to provide temporary Wastewater Treatment Operator services with SWRCB Wastewater Treatment Grade 4 Certification or higher for an amount not-to-exceed $100,620. At the time the initial agreement with OTS was signed, two of the City's three positions at the Wastewater Treatment Plant (WWTP) were vacant and under recruitment. Similar to the WTP, the City needed assistance with temporary Wastewater Treatment Plant Operators to remain in compliance with the State Water Resources Control Board (SWRCB).

Since the execution of the original agreement, the City has continued to face difficulties in filling these positions and has continued need to utilize OTS services resulting in 4 additional amendments to the original contract as noted in Table 1.

Table 1 - STH Contract: FY 2021-077 Amendments
STH FY2021-077 (WWTP) Date Approved Contract Value Not-To-Exceed Cost
Contract Execution April 27, 2021 $100,620 $100,620
Amendment #1 January 25, 2022 $100,293 $200,913
Amendment #2 February 22, 2022 $258,337 $459,250
Amendment #3 August 9, 2022 $270,750 $730,000
Amendment #4 April 25, 2023 $220,200 $950,200
Water Treatment Plant Staffing Agreement (STH Contract: FY2021-048) On January 26, 2021, the City and OTS entered into an initial agreement in an amount not-to-exceed $25,000 to provide temporary staffing assistance for the vacancy of the City's Chief Water Plant Operator (CPO) position. At the time the initial agreement with OTS was signed, the City had two full-time plant operators and an active recruitment for the CPO. One plant operator had a T3 Certification and the other plant operator had a T2 Certification. Since the execution of the initial OTS agreement, it became necessary to increase the scope and contract amount with OTS due to the subsequent resignations of Agenda Item #10.6.

the City’s T3 and T2 shift operators leaving the City with three approved but vacant positions at the Water Treatment Plant which were under recruitment. The Continued to need assistance with temporary plant operations to remain in compliance with the State Water Resources Control Board until these positions are filled.

The temporary CPO oversees the water treatment facilities in accordance with the State of California Water Resources Control Board (SWRCB). The SWRCB requires the CPO possess a valid Grade 4 (T4) Water Treatment Operator Certification and all shift operators (WTO) are required to possess a valid Grade 3 (T3) Certification. OTS is able to provide the City with a temporary CPO who possess at least a Grade 4 SWRCB Water Treatment Operator Certification. Additionally, each temporary Senior WTO will possess a minimum SWRCB Grade 3 Water Treatment Certification.

Since the execution of the original agreement, the City has continued to face difficulties in filling these positions and has continued need to utilize OTS services resulting in 5 additional amendments to the original contract as noted in Table 2.

Table 2 - STH Contract: FY 2021-048 Amendments
STH FY2021-048 (WTP) Date Approved Contract Value Not-To-Exceed Cost
Contract Execution January 26, 2021 $25,000 $25,000
Amendment #1 March 23, 2021 $409,929.58 $434,929.58
Amendment #2 January 25, 2022 $348,561 $783,491
Amendment #3 February 22, 2022 $562,614 $1,346,105
Amendment #4 August 9, 2022 $807,250 $2,153,355
Amendment #5 April 25, 2023 $490,650 $2,644,005
DISCUSSION:

Staffing and recruitment at both the water and wastewater treatment plants remain a challenge. Due to the City's requirement to be in compliance with the State Water Board and the State Water Resources Control Board, it remains necessary to continue the services with contracted firm OTS for both plants.

During the first quarter of Fiscal Year 2023-04 staff did successfully hire a water treatment plant Operator-in-Training (OIT). There are two active recruitments for the Chief Plant Operator For Wastewater and Chief Plant Operator for Water, both are trending low for qualified applicants.

This item is recommending authorization to execute amendments to STH Contract:

FY2021-077 for wastewater treatment operator services (Amendment #5 - Table 3) and STH Contract: FY 2021-048 for water treatment operator services (Amendment #6 - Table 4) while the City continues recruitment efforts. Should qualified candidates be selected, the total contract value will not be utilized.

Agenda Item #10.6.

Table 3 - Wastewater Treatment Plant - STH Contract: FY2021-077 - Proposed Amendment #5
STH FY2021-077 (WWTP) Date Approved Contract
Value
Not-To-Exceed
Cost
Contract Execution April 27, 2021 $100,620 $100,620
Amendment #1 January 25, 2022 $100,293 $200,913
Amendment #2 February 22,
2022 $258,337 $459,250
Amendment #3 August 9, 2022 $270,750 $730,000
Amendment #4 April 25, 2023 $220,200 $950,200
Proposed - Amendment #5 October 10, 2023 $175,000 $1,125,200 Table 4 - Water Treatment Plant - STH Contract: FY2021-048 - Proposed Amendment #6
STH FY2021-048 (WTP) Date Approved Contract
Value
Not-To-Exceed
Cost
Contract Execution January 26, 2021 $25,000 $25,000
Amendment #1 March 23, 2021 $409,929.58 $434,929.58
Amendment #2 January 25, 2022 $348,561 $783,491
Amendment #3 February 22, 2022 $562,614 $1,346,105
Amendment #4 August 9, 2022 $807,250 $2,153,355.

Amendment #5 April 25, 2023 $490,650 $2,644,005
Proposed - Amendment #6 October 10, 2023 $800,000 $3,444,005 ENVIRONMENTAL REVIEW: Not a CEQA Project
DOCUMENTS ATTACHMENTS:

OTS Resolution
STH Contract FY2021-048-06A OTS WTP Operators
STH Contract FY2021-077-05A OTS WWTP
Agenda Item #10.6.

CITY OF ST. HELENA
RESOLUTION NO.

A Resolution of the City of St. Helena City Council Authorizing:
(1) Amendment No. 5 to STH Contract: FY2021-077 with
Operational Technical Services for temporary Wastewater Treatment Operators in the amount of $175,000, for a total amount not-to-exceed of $1,125,200; and (2) Amendment No. 6 to STH Contract: FY2021-048 with Operational Technical
Services for temporary Water Treatment Operators in the amount of $800,000 for a total amount not-to-exceed of
$3,444,005.

RECITALS
A. The City currently has three approved positions at the Wastewater Treatment Plant and three approved positions at the Water Treatment Plant; and B. Since 2021, the City has had difficulty retaining and recruiting for these critical positions and, due to State of California State Water Resource Control Board (SWRCB) requirements, has had to rely on outside services for both Water and Wastewater Treatment operators; and
C. The City has entered into two separate agreements with Operational Technical Services (OTS) and subsequent amendments as follows:

Table 1 – STH Contract: FY 2021-077 Wastewater Treatment Operators Item Date Resolution Amount Not-to-Exceed
Contract Execution 4/27/21 2021-51 $100,620 $100,620
Amendment #1 1/25/22 2022-3 $100,293 $200,913
Amendment #2 2/22/22 2022-15 $258,337 $459,250
Amendment #3 8/9/22 2022-74 $270,750 $730,000
Amendment #4 4/25/23 2023-32 $220,200 $950,200
Agenda Item #10.6.

Table 2 – STH Contract: FY 2021-048 Water Treatment Operators Item Date Resolution Amount Not-to-Exceed
Contract Execution 1/26/21 $25,000 $25,000
Amendment #1 3/23/21 $409,929.58 $434,929.58
Amendment #2 1/25/22 $348,561 $783,491
Amendment #3 2/22/22 $562,614 $1,346,105
Amendment #4 8/9/22 $807,250 $2,153,355
Amendment #5 4/25/23 $490,650 $2,644,005
D. While the City has been able to recruit for most of the positions, there are still two vacant positions: one vacant Chief Plant Operator (CPO) for the Water Treatment Plant and one vacant CPO for the Wastewater Treatment Plant; and
E. To remain in compliance with the State of California State Water Resource Control Board (SWRCB) it is necessary to have CPO’s who possess certain minimum certifications specific to each type of treatment plant; and F. While the City is recruiting for permanent CPO’s, the City needs continued assistance in the interim basis for both plants; and
G. It is estimated both amendments will allow OTS to remain at both plants until the positions are filled or June 30, 2024, whichever is first.

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

1. Authorize Amendment No. 5 to STH Contract: FY2021-077 with Operational Technical Services for temporary Wastewater Treatment Operators in the amount of $175,000 for a total amount not-to-exceed $1,125,200; and

2. Authorize the City Manager to execute Amendment No. 6 to STH Contract:

FY2021-048 with Operational Technical Services for temporary Water Treatment Operators in the amount of $800,000 for a total amount not-toexceed $3,444,005; and

3. Authorize the City Manager to execute the necessary amendments.

Approved at a Regular Meeting of the St. Helena City Council on October 10, 2023, by the following vote:

Agenda Item #10.6.

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 #10.6.

AMENDMENT NO. 6
TO PROFESSIONAL SERVICES AGREEMENT WITH OPERATIONAL TECHNICAL SERVICES; STH CONTRACT NO: 2021-048 FOR TEMPORARY WATER TREATMENT OPERATORS WITH SWRCB CERTIFICATION FOR AN ADDITIONAL $800,000 FOR A TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $3,444,005
This Sixth Amendment to Professional Services Agreement STH Contract: 2021-048 dated January 26, 2021 ("Agreement") is made as of this 10th day of October, 2023 by and between the City of St.

Helena, a municipal corporation ("City"), and Operational Technical Services ("Consultant").

RECITALS
A. On January 26, 2021, the City and Consultant entered into the Agreement for Consultant to provide professional services in connection with the project described as Temporary Water Treatment Operators with SWRCB Certification; and
B. On March 23, 2021, City Council approved Amendment No. 1 in the amount of $409,929.58 to STH Contract: FY2021-048 to allow Operational Technical Services to continue to provide temporary Water Treatment Operators to the City; and
C. Since the approval of Amendment No. 1 on March 23, 2021, the City has incurred significant staffing costs due to unforeseen emergencies, required repair work due to again equipment, and a continued need for interim staffing which exceeded the current contract limit; and D. On January 25, 2022, City Council approved Amendment No. 2 in the amount of $348,561 to STH Contract: FY2021-048 to bring the contract within its contract limits; and E. On February 22, 2022, City Council approved Amendment No. 3 with OTS in the amount of $562,614, for a total amount not-to-exceed $1,346,105 to STH Contract: FY2021-048; and F. On August 9, 2022, City Council approved Amendment No. 4 with OTS in the amount of $807,250, for a total amount not-to-exceed $2,153,355 to STH Contract: FY2021-048; and G. On April 25, 2023, City Council approved Amendment No. 5 with OTS in the amount of $490,650, for a total amount not-to-exceed $2,644.005 to STH Contract: FY2021-048; and H. The City currently has three approved, but vacant, positions at the Water Treatment Plant and while the City is recruiting for permanent Water Treatment Plant operators, the City has a continued need in the interim basis until a time when the vacant positions are filled; and I. Additional funding is necessary to allow Operational Technical Services to continue to provide temporary Water Treatment Operators to the City; and
J. The City of St. Helena and Operational Technical Services now desire to amend the Agreement.

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

Agenda Item #10.6.

1. Section 4.A Compensation and Method of Payment, is amended to read as follows:
“Total compensation shall not exceed $3,444,005…”

2. Exhibit A – Task order is amended to reflect the hourly rates as listed below, effective November 1, 2023:

POSITION

REGULAR
RATE

OVERTIME
RATE
DOUBLE
TIME
RATE

ON-CALL

STANDBY
RATE

ACTIVATED

ON-CALL
RATE
WT CPO 156 207.48 234.00 156 207.5
Lead WT Operator 145 192.85 217.50 145 192.9

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

Entered as of the day and year first above stated.

CONSULTANT:

Signatures of Authorized Persons:

By:

Print Name:

Title:

CITY OF ST. HELENA
a Municipal Corporation
By:

Print Name: Anil Comelo
Title: City Manager
APPROVED AS TO FORM:

Ethan Walsh, City Attorney
David S Sibelman
Chief Executive Officer
Agenda Item #10.6.

AMENDMENT NO. 5
TO PROFESSIONAL SERVICES AGREEMENT WITH OPERATIONAL TECHNICAL SERVICES; STH CONTRACT NO: 2021-077 FOR TEMPORARY WASTEWATER TREATMENT OPERATORS WITH SWRCB CERTIFICATION FOR AN ADDITIONAL $175,000 FOR A TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $1,125,200.

This fifth Amendment to Professional Services Agreement STH Contract: 2021-077 dated April 27, 2021 ("Agreement") is made as of this 10th day of October, 2023 by and between the City of St.

Helena, a municipal corporation ("City"), and Operational Technical Services ("Consultant").

RECITALS
A. On April 27, 2021, the City and Consultant entered into the Agreement for Consultant to provide professional services in connection with the project described as Temporary Wastewater Treatment Chief Plant Operator with SWRCB Wastewater Treatment Grade 4 Certification or higher; and
B. The Wastewater Treatment Plant continues to face operational challenges in which OTS has fulfilled their professional obligation to meet State of California wastewater regulations; and C. The City currently has one vacant Chief Plant Operator position at the Water Treatment Plant; and
D. While the City is recruiting for permanent Wastewater Treatment Plant operators, the City continues to need assistance in the interim basis with temporary Wastewater Treatment Plant operators until a time when the vacant positions are filled; and E. To remain in compliance with the State of California State Water Resource Control Board (SWRCB) it is necessary to have water treatment and wastewater treatment operators who possess certain minimum certifications specific to each type of treatment plant; and
F. On April 27, 2021, the City and Operational Technical Services entered into an agreement (STH Contract: FY2021-077) for OTS to provide Temporary Wastewater Treatment Operators with SWRCB Wastewater Treatment Grade 4 Certification or higher for an amount not-to-exceed $100,620; and
G. On January 25, 2022, City Council approved Amendment No. 1 in the amount of $100,293 for a total not-to-exceed amount of $200,913 to STH Contract FY2021-077 H. On February 22, 2022, City Council approved Amendment No. 2 with OTS in the amount of $258,337, for a total amount not-to-exceed $459,250 to STH Contract:

FY2021-077
I. On August 9, 2022, City Council approved Amendment No. 3 with OTS in the amount of $270,750, for a total amount not-to-exceed $730,000 to STH Contract: FY2021-077; and
J. On April 25, 2023, City Council approved Amendment No. 4 with OTS in the amount of $220,200, for a total amount not-to-exceed $950,200 to STH Contract: FY2021-077; and
K. Due to unforeseen emergency circumstances and staffing shortages, significant staffing costs have been incurred primarily in Water Treatment Plant operations; and L. The City and consultant desire to amend STH Contract: FY2021-077 with Operational Technical Services for temporary Wastewater Treatment Operators in the amount of $175,000 for a total amount not-to-exceed $1,125,200; and Agenda Item #10.6.

M. It is estimated both amendments will allow OTS to remain at both plants until the positions are filled or June 30, 2024, whichever is first

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

1. Section 4.A Compensation and Method of Payment, is amended to read as follows:
“Total compensation shall not exceed $1,125,000…”

2. Exhibit A – Task order is amended to reflect the hourly rates as listed below, effective November 1, 2023:

POSITION

REGULAR
RATE

OVERTIME
RATE
DOUBLE
TIME
RATE

ON-CALL

STANDBY
RATE

ACTIVATED

ON-CALL
RATE
Wastewater CPO 156 207.48 234.00 156 207.48
All other terms of the Agreement shall remain in full force and effect.

Entered as of the day and year first above stated.

CONSULTANT:

Signatures of Authorized Persons:

By:

Print Name:

Title:

CITY OF ST. HELENA
a Municipal Corporation
By:

Print Name: Anil Comelo
Title: Interim City Manager
APPROVED AS TO FORM:

Ethan Walsh, City Attorney
Chief Executive Officer
David S Sibelman
Agenda Item #10.6.

Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Police
DATE: October 10, 2023
FROM: Justin Tharp, Lieutenant
SUBJECT: Consideration and approval of a resolution authorizing the acquisition of two (2) all electric 2023 Ford Mustang Mach E Patrol Vehicles, for a total amount not-to-exceed
$115,000.

RECOMMENDED
ACTION:

Staff recommends City Council authorize the purchase of the vehicles.

PREVIOUS COUNCIL
ACTION:

October 25, 2022 - City of St. Helena Resolution 2022-97

STATEMENT OF THE
PURPOSE:

The purpose is to authorize the purchase of two (2) new all electric 2023 Ford Mustang Mach E Patrol Vehicles for
Police Department.

FINANCIAL IMPACT: The fiscal impact to purchase two vehicles is estimated to be a total of $115,000. One 2023 Mustang Mach E will be purchased utilizing the remaining funds appropriated in the fiscal year 2023-24 budget in GL Account #592-49-00-26-

30. The second 2023 Mustang Mach E will be purchased
utilizing funds from the CHP Driving Under Influence (DUI) Grant awarded to the City of St. Helena in the Fiscal Year 2023-24, which will require a Budget Adjustment to GL
Account 212-49-00-26-30 in the amount of $56,000
authorized by the grant to purchase a Patrol Vehicle to be utilized for DUI Patrols.

BACKGROUND:

The Fiscal Year 2022-2023 approved operating budget included $250,000 in funding to purchase and equip administrative and patrol vehicles. City Council approved the purchase of a 2023 Ford Maverick Hybrid, 2023 Tesla Model 3, and two Ford Explorer Hybrids. The Police Department has only been able to purchase the CSO Ford Maverick Hybrid and the Police Chief's Tesla due to low inventory. The Ford Explorer hybrids are still unavailable, and has been encumbered in the Fiscal year 2023-2024 operating budget for the same purpose.

The Police Department has since been awarded a CHP DUI Grant that includes funds to purchase a new enforcement vehicle for DUI patrols.

Agenda Item #10.7.

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

DISCUSSION:

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

Under the direction of the City Council in 2019, the police department was to select alterative fueled vehicles where feasible. It is the belief of police management that partially integrating our patrol fleet with electric vehicles is now possible as technology and the City's charging infrastructure has improved. Electric vehicles are proving they are viable for use as main line police patrol vehicles. Slowly integrating electric patrol vehicles will allow for the Police Department to assess their viability in our Patrol environment and consider future charging infrastructure needs.

Two of the current patrol vehicles are in need of replacement. A 2001 Chevrolet Suburban that was a prior fire vehicle that was transferred to the Police Department in 2015. The 2001 Suburban is 21 years old, inefficient and not well suited for its role as a main line patrol vehicle.

The second is a 2015 Ford Explorer that was gifted to the City by the County of Napa when our K-9 vehicle was totaled in a collision. This Ford Explorer has approximately 123,000 miles and hours of idle time as a K-9 patrol vehicle. The Police Department no longer has a K-9 and does not intend to acquire another anytime in the near future. It is cost prohibitive to reoutfit a high mileage K-9 patrol vehicle for main line patrol services.

The recommended replacements, two electric 2023 Mustang Mach E's, will lower the City's carbon footprint and fuel consumption and allow the Police Department to continue to evaluate all electric vehicle effectiveness as patrol vehicles.

The Police Department is experiencing difficulties in ordering vehicles due to national supply chain issues and extremely high demand for vehicles in the civilian market. The Police Department has had two 2023 Ford Explorer Hybrids on order at Sager Ford since October 2022. One Explorer was canceled outright, and the other has not been issued a build date by Ford. There is no firm date on when this Explorer will be delivered.

Four quotes were obtained from three different Ford Dealerships: (1) Down Town Ford, Sacramento, (which holds the State of California Contract price) - $44,199.00; (2) Hoblit Ford of Colusa - $44,997.00; (3) Sager Ford of St. Helena - $45,935.32; and (4) Folsom Lake Ford of Folsom - $46,931.00. Down Town Ford can only obtain the white vehicle at this time. Sager Ford can obtain both vehicles in the required colors.

It is staff's recommendations that the purchase be awarded to the Sager Ford as they are the local dealership and have the proper availability. St. Helena's Code Section 3.04.120 Agenda Item #10.7.

Informal bid procedure, (B) Local Preference, states, "Quality and service being equal, a local preference of one percent shall be given to local bidders located within the city, the difference being the sales tax the city would receive on the sale in the case of vendors." In addition, the City would also save in transportation cost if purchasing locally. If for some unexpected reason a dealership is unable to fulfill the order staff is recommending to solicit the next lowest bidder to fulfil the purchase.

Staff recommends awarding the contract for the sale of two 2023 Ford Mustang Mach E to Sager Ford of St. Helena. If for some reason Sager Ford is unable to provide the vehicles, staff recommends going to the next lowest bidder (Down Town Ford, Folsom Lake Ford, or Hoblit Ford) until the City is able to obtain the two vehicles.

ENVIRONMENTAL REVIEW:

Under the direction of the City Council in 2019, the police department was to select alterative fueled vehicle, where feasible. This includes all electric vehicles. The Police Department is dedicated to the mission and reducing its carbon and environmental footprint.

DOCUMENTS ATTACHMENTS:

Resolution - Authorize Purchase of Two Police Mustang Mach E 2023 CHP GRANT FY 23/24
City of St. Helena Resolution No. 2022-97
Folsom Lake Ford Quote
Sager Ford Quote
Down Town Ford State Contract Price
Hoblit Ford
Agenda Item #10.7.

CITY OF ST. HELENA
RESOLUTION NO. 2023-____

RESOLUTION AUTHORIZING THE PURCHASE OF TWO ALL ELECTRIC 2023 FORD MUSTANG MACH E NOT-TO-EXCEED A TOTAL AMOUNT OF $115,000.

RECITALS
A. Two of the police department's current patrol vehicles are in need of replacement; and
B. As replacements, the City of St. Helena desires to purchase two (2) 2023 Ford Mustang Mach E all electric patrol vehicles, which will lower the City's carbon footprint and fuel consumption and will allow the Police Department to evaluate the effectiveness of all electric patrol vehicles; and C. This is an expected, budgeted expense with $159,594.21 being earmarked for vehicle purchases and upfitting, covered in the FY 2022-23 budget and carried over to the FY 2023-24 budget; and
D. In addition to the budget appropriate, the City is utilizing a California Highway Patrol Driving Under the Influence Grant that was awarded in FY 2023-24 with $56,000 earmarked within in grant for the purchase of an enforcement vehicle; and
E. Staff recommends awarding the contract for the sale of two 2023 Ford Mustang Mach E to Sager Ford of St. Helena and authorizing a budget adjustment to utilize the grant funds for the purchase of the vehicle; and F. Due to the difficultly staff has experienced in procuring vehicles staff recommends if, for some reason Sager Ford is unable to provide the vehicles, the purchase can be made from next lowest bidder (Down Town Ford, Folsom Lake Ford, or Hoblit Ford) until the City is able to obtain the two vehicles.

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

1. Authorize the purchase of two (2) 2023 Ford Mustang Mach E not to exceed $115,000 from Sager Ford and if, for some reason, Sager Ford is unable to provide the vehicles, City Council authorizes the purchase of the Agenda Item #10.7.

vehicle(s) from next lowest bidder (Down Town Ford, Folsom Lake Ford, or Hoblit Ford) until the City is able to obtain the two vehicles.

2. Authorize the City Manager to execute the necessary agreements to purchase the vehicles.

3. Authorize the use of Budgeted General Funds and California Highway Patrol Driving Under the Influence Grant to funds purchase.

4. Authorize a Budget Adjustment in the amount of $56,000 to GL Account 212-49-00-26-30.

Approved at a Regular Meeting of the St. Helena City Council on October 10, 2023, by the following vote:

Mayor Dohring __________
Vice Mayor Hall : __________
Councilmember Chouteau: __________
Councilmember Hardy: __________
Councilmember Summer: __________
APPROVED: ATTEST:
__________________________ __________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #10.7.

State of Callfomla Award Number
DEPARTMENTOF CALIFORNIAHIGHWAY PATROL 12996
GRANT AGREEMENT - Page 1

1. GRANT TITLE
FY23l24CTFGP Law Enforcement- St. Helena Police Department

2. NAMEOF ORGANIZATIONIAGENCY
St Helena Police De rtment

3. ORGANIZATIONIAGENCYSECTION TO ADMINISTERGRANT
St. Helena Police De rtment

4. PROJECT PERFORMANCE PERIOD 5. PURCHASE ORDER NUMBER
From:07/01/2023 To: 06/30/2024

6. GRANT OPPORTUNITY INFORMATION DESCRIPTION
Law Enforcement grants provide ?nancial assistance to allied agencies for the education, prevention, and the enforcement of laws related to driving under the in?uence of alcohol and other drugs, includingcannabis and cannabis products The intent of the program is to educate the public regarding the dangers of impaired driving, enforce impaired driving laws on the roadway. and improve Agency's effectiveness through training and development of new strategies.

7. FUNDS ALLOCATED UNDER THIS GRANTAGREEMENT SHALL NOT EXCEED $146,419.00

8. TERMS ANDCONDITIONS
The Grantee agrees to complete the Project, as described in the Project Description. The Grantee's Grant Application, and the CaliforniaCode of Regulations, Title 13, Division 2, Chapter 13, Sections 1890.00-1890.27, are hereby incorporated into this Grant Agreement by reference.

The parties hereto agree to comply with the Terms and Conditions of the following attachments:
- Schedule A — Project Description, Problem Statement, Goals and Objectives, and Method of Procedure 0 Schedule B — Detailed Budget Estimate
- Schedule B-1 — Budget Narrative
We, the of?cials named below, hereby swear, under penalty of perjury under the laws of the State of California, that we are duly authorized to legally bind the Grant recipient to the above-described Grant Tenns and Conditions.

INWITNESS WHEREOF, this Grant Agreement is executed by the parties hereto.

9. APPROVAL SIGNATURES
A. AUTHORIZED OFFICIAL OF ORGANIZATIONIAGENCY B. AUTHORIZED OFFICIAL OF CHP Name: Chris Hartley Name: Evan Robinson Phone: (916) 843-4360 Title:Chief of Police Title: Captain Fax: (916) 322-3169 Phone: (707) 967-2850
Address: 1480 MainStreet Address: North 7th Street
St. Helena, CA 94574 Sacramento.CA 95311
E-Mail: [email protected] E-Mail: [email protected] wurrumrmcv-as
Chris Hartley W2..n....a..m. 08-02-23
c. ACCOUNTING OFFICER or
cup
. AUTHORIZED FINANCIALCONTACT TO RECEIVE Name: c. M.Jones Phone: (916) 343-3531 REIMBURSEMENTPAYMENTS Title: Commander Fax: (916) 322-3159 Name: Louis Montelli Address: North 7th Street Tme: o?-'°e" Sacramento, CA 95811 Ph°n9i (707) 957-2850 E-Mail:[email protected] Address: 1480 Mai" SW55‘ St. Helena, CA 94574 (Signature) Agenda Item #10.7.

TERMS AND CONDITIONS
Grantee shall comply with the California Code of Regulations, Title 13, Division 2, Chapter 13 Section 1890, et seq. and all other Tenns and Conditions noted in this Grant Agreement. Failure by the Grantee to comply may result in the termination of this Grant Agreement by the California Highway Patrol (hereafter referred to as State) The State willhave no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.

A. EXECUTION
1 The State (the California Highway Patrol) hereby awards, to the Grantee, the sum of money stated on page one of this Grant Agreement This funding is awarded to the Grantee to carry out the Project set forth in the Project Description and the terms and conditions set forth in this Grant Agreement
The funding for this Grant Agreement is allocated pursuant to California Revenue and Taxation Code Section 34019(f)(3)(B). The Grantee agrees that the State's obligation to pay any sum under this Grant Agreement is contingent upon availabilityof funds disbursed from the California Cannabis Tax Fund to the State. Ifthere is insuf?cient funding, the State shall have the option to either. 1) temiinate this Grant Agreement, whereby, no party shall have any further obligations or liabilities under this Grant Agreement, or 2) negotiate a Grant Agreement Amendment to reduce the grant award and scope of work to be provided under this Grant Agreement. he Grantee is not to commence or proceed with any work in advance of receiving notice that the rant Agreement is approved. Any work performed by the Grantee in advance of the date of pproval by the State shall be deemed volunteer work and willnot be reimbursed by the State he Grantee agrees to provide any additional funding, beyond what the State has agreed to provide, pursuant to this Grant Agreement, and necessary to complete or carry out the Project, as described in this Grant Agreement. Any modi?cationor alteration of this Grant Agreement, as set forth in the Grant Application submitted by the Grantee and on ?le with the State, must be submitted in writingthirty (30) calendar days in advance to the State for approval. he Grantee agrees to complete the Project withinthe timeframe indicated inthe Project erformance Period, which is on page one of this Grant Agreement.

ECT ADMINISTRATION
he Grantee shall submit all reimbursements, progress, performance, andlor other required reports concerning the status ofwork performed infurtherance of this Grant Agreement on a he Grantee shall provide the State with a ?nal report showing all Project expenditures, which includes all State and any other Project funding expended, within sixty (60) calendar days fter completion of this Grant Agreement he Grantee shall ensure all equipment which is purchased, maintained, operated, andlor veloped is available for inspection by the State uipment purchased through this Grant Agreement shall be used for the education, prevention enforcement of impaired driving laws, unless the Grantee is funding a portion of the chased price not dedicated to impaired driving and that portion is not part of the Project costs ipment purchased under this Grant Agreement must only be used for approved Project- ted purposes, unless othewvise approved by the State in writing. r to disposition of equipment acquired under this Grant Agreement, the Grantee shall notify State via e-mail and by telephone by calling the California Highway Patrol, lmpaired ing Section Cannabis Grants Unit at (916) 843-4360.

Dur
r
Agenda Item #10.7.

TERMS AND CONDITIONS
C. PROJECT TERMINATION

1. Grantee or the State may terminate this Grant Agreement at any time prior to the commencement of the Project. Once the Project has commenced, this Grant Agreement may only be terminated ifthe party withdrawing provides thirty (30) calendar days written notice of their intent to withdraw.
a. Ifby reason of force majeure the performance hereunder is delayed or prevented, then the term end date may be extended by mutual consent for the same amount of time of such delay or prevention. The term “force majeure" shall mean any ?re, ?ood, earthquake, or public disaster.strike.labor dispute or unrest, embargo, riot,war, insurrection or civil unrest, any act of God, any act of legally constituted authority, or any other cause beyond the Grantee's control which would excuse the Grantee's performance as a matter of law. b. Grantee agrees to provide written notice of an event of force majeure under this Grant Agreement withinten (10) calendar days of the commencement of such event, and within ten (10) calendar days after the termination of such event, unless the force majeure prohibits Grantee from reasonably giving notice withinthis period. Grantee willgive such notice at the earliest possible time following the event of force majeure.

Any violations of law committed by the Grantee, misrepresentations of Project information by the Grantee to the State, submission of falsi?ed documents by the Grantee to the State, or failure to provide records by the Grantee to the State when requested for audit or site visit purposes may be cause for termination. Ifthe Project is terminated for the reasons described in this paragraph, the State willhave no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been tenninated.

The State may terminate this Grant Agreement and be relieved of any payments should the Grantee fail to perform the requirements of this Grant Agreement at the time and in the manner herein provided. Furthermore, the Grantee, upon termination, shall return grant funds not expended by the Grantee as of the date of termination.

Ifthis Grant Agreement is tenninated, the State may choose to exclude the Grantee from future Grant Opportunities.

1. The Grantee agrees the State, or their designated representative, shall have the right to review and to copy all records and supporting documentation pertaining to the performance of this Grant Agreement. Grantee agrees to maintain such records for possible audit for a minimum of ?ve (5) years after ?nal payment, unless a longer period of records retention is stipulated or required by law. Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Furthermore, the Grantee agrees to include a similar right for the State to audit all records and interview staff in any subcontract related to performance of this Grant Agreement. E. HOLDHARMLESS 1. The Grantee agrees to indemnify, defend, and save harmless the State, its of?cials, agents and employees from any and all claims and losses accruing or resulting to any and all Grantee's staff, contractors, subcontractors, suppliers, and other person, ?rm or corporation furnishing or supplying work services, materials, or supplies in connection withthe performance of this Grant Agreement, and from any and all claims and losses accruing or resulting to any person, agency, ?nn, corporation who may be injured or damaged by the Grantee in performance of this Grant Agreement Agenda Item #10.7.

TERMS AND CONDITIONS
F. NONDISCRIMINATION

1. The Grantee agrees to comply with State and federal laws outlawing discrimination, including, but not limited to. those prohibiting discrimination because ofsex.race, color.ancestry, religion, creed, national origin, physical disability (including HIVand AIDS), mental disability, medical condition (including cancer or genetic characteristics), sexual orientation, political af?liation, position in a labor dispute, age, marital status, and denial of statutorily-required employmentrelated leave. (GC 12990 [a-f] and CCR, Title 2. Section 8103.) G. AMERICANSWITHDISABILITIESACT

1. The Grantee assures the State itcomplies withthe Americans with Disabilities Act (ADA) of 1990, whichprohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA.(42 U.S.C. 12101 et seq.) H. DRUG-FREE WORKPLACE

1. The Grantee shall comply withthe requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifyingemployees that unlawful manufacture.distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to informemployees about:
i. The dangers of drug abuse in the workplace.
ii. The person's or 0rganizationlAgency's policyof maintaining a drug-free workplace. iii. Anyavailable counseling, rehabilitation, and employee assistance programs. iv. Penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the Project will:
ii. Agree to abide by the terms of the company's statement as a conditionof employment on the Grant Agreement. Failure to complywiththese requirements may result in suspension of payments under this Grant Agreement, or termination of this Grant Agreement. or both.and Grantee may be ineligiblefor award of any future Grant Agreements ifthe department detennines that any of the following has occurred: a. The Grantee has made false certi?cation or violated the certi?cation by failing to carry out the requirements, as noted above. (GC 8350 et seq.) l. LAWENFORCEMENT AGENCIES 1. Alllaw enforcement 0rganization/Agency/Agency Grantees shall comply withCalifornia law regarding racial pro?ling. Speci?cally. law enforcement Organization/AgencyIAgency Grantees shall not engage in the act of racial pro?ling, as de?ned in California Penal Code Section 13519.4.

Agenda Item #10.7.

TERMS AND CONDITIONS
J. LABORCODEIWORKERS' COMPENSATION

1. The Grantee is advised and made aware of the provisions which require every employer to be insured against liabilityfor Worker's Compensation or to undertake self-insurance in accordance withthe provisions, and Grantee af?rrns to comply with such provisions before commencing the performance of the work of this Grant Agreement, (refer to Labor Code Section 3700).

K.GRANTAPPLICATIONINCORPORATION

1. The Grantee agrees the Grant Application and any subsequent changes or additions approved or required by the State is hereby incorporated into this Grant Agreement.

L. STATE LOBBYING

1. The Grantee is advised that none of the funds provided under this Grant Agreement may be used for any activity speci?cally designed to urge or in?uence a state or local legislator to favor or oppose the adoption of any speci?c legislative proposal pending before any state or local legislative body. Such activities includeboth direct and indirect(e.g., "grassroots") lobbying activities.with one exception. This does not preclude a state of?cial, whose salary is supported by this Grant Agreement, from engaging in direct communications with the state or local legislative officials.in accordance with customary state andlor local practice.

M. REPRESENTATION ANDWARRANTIES

1. The Grantee represents and warrants that:
a. Itis validly existing and in good standing under the laws of the State of California, has, or will have the requisite power, authority, licenses, permits, and the like necessary to carry on its business as itis now being conducted and as contemplated in this Grant Agreement, and will, at all times, lawfullyconduct its business in compliance with all applicable federal, state, and local laws, regulations, and rules.
b. Itis not a party to any Grant Agreement, written or oral, creating obligations that would prevent itfrom entering into this Grant Agreement or satisfying the terms herein. c. Ifthe Grantee is a Nonpro?t OrganizationlAgency, itwillmaintain its “Active”status with the exempt status. Ifthe Grantee subcontracts with a Nonpro?t as part of this Grant Agreement, the Grantee shall ensure the Nonpro?t willmaintain its “Active”status with the California Secretary of State. maintain its “Current”status with the California Attorney General's Registry of Charitable Trusts, and maintain its federal and State of California tax-exempt status. cl. Allof the information in its Grant Application and all materials submitted are true and accurate. N.AIROR WATER POLLUTIONVIOLATION 1. Under the state laws, the Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district. (2) subject to cease-and~desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be inviolation of provisions of federal law relating to air or water pollution.

Agenda Item #10.7.

5.0 Q. PA
R. FIN
strict, or other local public body shall provide the State with a copy of a , motion or ordinance of the local governing body, which by law, has authority rant Agreement, authorizing execution of the Grant Agreement.

RD FORM STD. 204
e completed by all non—governmenta| Grantees.

TION SYSTEM FOR CALIFORNIAGOVERNMENT AGENCYTAXPAYER IDFORM e completed by allGrantees.

EST
es to make the Grantee aware of speci?c provisio
. IfGrantee has any questions regarding the statu
services or involved withthe Grant Agreement, the Grantee shall c Highway Patrol.Impaired Driving Section, Cannabis Grants Unit) '
Current State Employees
No officer or employee shall engage in any employment, activity, or enterprise. from which the of?cer or employee receives compensation or has a ?nancial interest, and which is sponsored or funded by any state agency, unless the employment, activity, or enterprise is required, as a condition of regular state employment
No of?cer or employee shall contract on their own behalf, as an independent Grantee, with any state agency to provide goods or services.

Former State Employees:

For the two-year period from the date, they leftstate employment. no former state officer or employee may enter into a contract in which they engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to this Grant Agreement while employed in any capacity by any state agency.

For the 12-month period from the date they leftstate employment no former state of?cer or employee may enter into a contract with any state agency ifthey were employed by that state agency in a policy-makingposition in the same general subject area as the proposed Grant The authorized representative of the Grantee Organization/Agency, named withinthis Grant Agreement, warrants their OrganizationlAgency and its employees have no personal or tinanc interest and no present or past employment or activity, which would be incompatible with

TERMS AND CONDITIONS

0. GRANTEE NAMECHANGE

1. Grantee agrees to immediately infonn the State In writing, of any changes to the of the person withinthe OrganizationlAgencyIAgency with delegated signing authority.

2. An Amendment is required to change the Grantee's name, as listed on this Grant Agreement Upon receipt of legal documentation of the name change, the State pr oc
es
s
the Amendment. Payment of invoices presented witha new name cannot be paid to approval of said Amendment.

SOLUTION
A county. city, di
resolution, order
to enter into a G

YEE DATA RECO
This form shall b

ANCIALINFORMA
This fonn shall b

NFLICTOF INTER
This section serv ns related to cu
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P. RE
Agenda Item #10.7.

TERMS AND CONDITIONS
participating in any activity related to this Grant Agreement. For the duration ofthis Grant Agreement, the Organization/Agency and its employees willnot accept any gift. bene?t, gratuity or consideration, or begin a personal or ?nancial interest in a party who is associated with this Grant Agreement.

5. The Grantee 0rganizationIAgency and its employees shall not disclose any ?nancial, statistical, personal, technical, media-related, and/or other information or data derived from this Grant Agreement, made available for use by the State, for the purposes of providing services to the State, in conjunction withthis Grant Agreement, except as otherwise required by law or explicitly permitted by the State in writing. The Grantee shall immediately advise the State of any person(s) who has access to con?dential Project informationand intends to disclose that information in violationof this Grant Agreement.

6. The Grantee willnot enter into any Grant Agreement or discussions with third parties concerning materials described in paragraph ?ve (5) prior to receiving written con?nnation from the State that such thirdparty has a Grant Agreement with the State, similar in nature to this one.

7. The Grantee warrants that only those employees who are authorized and required to use the materials described in paragraph 5 willhave access to them.

8. Ifthe Grantee violates any provisions in the above paragraphs, such action by the Grantee shall render this Grant Agreement void.

T. EQUIPMENT-USE TERMS

1. The Grantee agrees any equipment purchased under this Grant Agreement shall be used for impaired driving efforts.

2. Law Enforcement Projects:
a. Oral Fluid Drug Screening Devices and CannabislMarijuana Breath Testing Equipment - The Grantee agrees to ensure all personnel using road-side drug testing equipment, including oral ?uid drug testing devices and/or cannabislmarijuana breath testing devices, purchased with grant funds from this Grant Agreement, are trained to recognize alcohol and dmg impainnent At a minimum, personnel using these devices should receive Standardized Field Sobriety devices, the Grantee agrees to obtain permission from their local prosecutor's o?ice, establish a policyensuring appropriate use, and require the staff using these devices to receive appropriate training, which may include training from the manufacturer. This willhelp ensure the equipment is used appropriately. The Grantee shall advise the State (California Highway Patrol, impaired Driving Section, Cannabis Grants Unit) of any legal challenges or other items of signi?cance that may affect the use or legal acceptance of these devices. Additionally, the State may request additionalinformationabout the performance of these devices, includinginformation about their use, accuracy, and feedback from personnel using the devices. b. Law Enforcement Vehicles - The Grantee agrees any law enforcement vehicles purchased withGrant funds, from this Grant Agreement, willbe primarily used for the enforcement of driving under the in?uence laws and/or providing public education, related to the dangers of driving under the in?uence. Additionally, any vehicle purchased using funds from this Grant Agreement shall comply with all California Vehicle Code and California Code of Regulation requirements. The State may require the Grantee to mark these vehicles with a decal and/or emblem, indicating the vehicle is used for driving under the in?uence enforcement.

Agenda Item #10.7.

wt
Schedule A
St Helena Police Department
All grant awards, Including any adjustments to requested funding. were made by the Cannabis Granm Unit based on the merits of the Grant Application, scale of operation, and in accordance with the Request for Application (RFA) requirements and associated regulations. As a result, not all Project activities and items detailed in Schedule A are applicable. Refer to Schedule B - Detailed Budget Estimate for approved Budget line items and Project activities. Project activities and items that are not clearly identifledlspeclfied In the Grant Agreement must be submitted to and approved by CGU prior to purchase. Grantees shall not exceed the travel rates paid to exempt, excluded, and represented State of Califomla employees and will be reimbursed at the State travel rates. Any costs beyond State travel rates will be at the expense of the Grantee.

Project Description
The St Helena Police Department consists of 8 full-timeLaw Enforcement Of?cers, 2 full-time Law Enforcement Sergeants, 1 full-time Law Enforcement Lieutenant, and 1 full-time LawEnforcement Chief of Police servicing the City of St Helena, located in Napa County. which consists of 4 square miles and a population of approximately 5.316citizens. The city is continuing to grow with new housing development programs. hotels.and store fronts. The St Helena Police Department is a smaller department that would bene?t from the law enforcement training for the of?cers, education and prevention for the public, and education in enforcing cannabinoid use. There are cannabis and THC product dispensaries a few miles south of the city and multiple delivery companies delivering locally. We lack the training and experience to handle the new challenges and a grant award such as this would help and address some of the training issues. In turn, the Of?cers willpass that knowledge to the citizens of the community by conducting community education programs and enforcement stops throughout the city. Being awarded a grant such as this one will assist the Police Department by purchasing a new DUI/Drug driving patrol unit to be utilized solely to conduct DUI/Drug drivingenforcement throughout the city and help in the reduction of DUIincidentsto include fatal traffic collisions.

Problem Statement & Proposed Solution
Vl?ththe lack of training and experience of our of?cers and the popularity of cannabis use, the St Helena Police Department needs assistance with additionaltraining for the current staff. The St Helena Police Department has a great working relationship with outside agencies and has assisted in several DUI checkpoints withCHP, Napa County Sheriffs Department, and Napa Police Department. We rely on outside agency support to conduct the DUIcheckpoints due the lack of training and experience our officers possess.

It is dif?cultfor the St Helena Police Department to conduct enforcement stops for current cannabinoid regulations, and the transportation. Out of the 8 Of?cers and 2 Sergeants, the St Helena Police Department has only four of?cers, and two sergeants have attended the DUIDetectionlARlDEcourses and no cannabisrelated training. We at the St Helena Police Department see our deficiencies and want to alleviate the issue we currently have by sending at least ?ve additional of?cers to such training. Having the knowledge and the training we can provide additional resources to the outside agencies and conduct future DUIcheckpoints and seen an increase in enforcement stops related to alcohol consumption and impaired driving. Having a DUI/Drug driving vehicle willhelp with the recent increase in DUI/Drug driving-related incidents.itwillhelp and reduce the percentage of DUI-related traf?c stops and increase the active patrols for impaired drivers out on the roadways. In2022 we had a total of 47 DUIrelated arrests, even withthe reduction of active DUI/Drug driving, patrols, and no DUIcheckpoints. Between January 2023 and February 2023, we have had 14 DUI related arrests. Perfonnance Measureslscope of Work The St Helena Police Department willaddress the lack of training issues by sending two of?cers to additional training such as D.R.E -Classroom Course-21160.Drug In?uence-11550H&S-22220, DUI-Detection Field Sobriety-20280, and DUICheckpoints-planning and management-20271. Ifthis grant is obtained the training willbegin in July of 2023. Each quarter untilthe grant is ful?lled at least one of?cer willattend the desired training. Once the of?cers have successfully completed the training, they willbe capable of passing their training and experience, share the information with the community members, by providing community information meetings. as well as the High School student informationassemblies regarding the dangers of impaired driving.

Agenda Item #10.7.

Schedule A
While at the Community meetings the officers can talk about the training they attended, the dangers of impaired driving. under the in?uence of alcohol and marijuana detection, and testing procedures. We wilt inform the community on how we plan to conduct DUIsaturation patrols to help denture intoxicated driving and help spread the concern for safety.

We willconduct school assemblies and speak withthe elementary school children regarding important information on Alcohol consumption and Drug consumption and the dangers behind it. We as a department have participated in Every 15-Minute programs and withthis grant we hope to conduct our own Every 15- Minute program. We willhave a Question-and-answer assembly involvingthe High school's students and staff.

Purchasing a patrol unit and using itsolely for DUI/Drugdriving enforcement, in the hopes of reducing the percentage of DU|lDrug drivingtraf?c fatalities and DUI/Drug drivingenforcement by 10%. The vehicle willbe utilized at least 24 hours a week, each week.each quarter until the grant is ful?lled.

The St Helena Police Department has social media that we can use to share the infonnation gathered by the of?cers during their training sessions and pass the information to the community. The social media page is up and mnning withgreat information where we can share the new training we obtain along withthe new rules and regulations regarding cannabis products, transportation, and consumption.

ProiectPerformance Evaluation
The funding this grant can provide willbe ongoing and bene?t the St Helena Police Department, the of?cers, and the community. The training provided willbe utilized for years to come and be used to participate in educational forums with the community members discussing the dangers of intoxicateddriving. the bene?t of conducting enforcement stops, securing the safety of the community, and the continued education of the school's educational programs. The results should consist of public knowledge of the recent drug driving regulations, continuing to educate the public of the dangers of DUl's and the knowledgelexperience the of?cers willpossess after obtaining the training, enforcements stop, and future DUI checkpoints. lf granted the Grant, we willbe sending the ?rst two officers to the desired training in the ?rst quarter of the awarded grant, one of?cer inthe second quarter of the awarded grant. one of?cer in the third quarter of the awarded grant and one of?cer in the fourth quarter of the awarded grant. Conduct a community forum meeting in the ?rst quarter of the awarded grant (September of 2023), to share information regarding impairment and impaired driving and the recently awarded grant. Conduct the Highschool educational assembly in the second quarter of the awarded grant (December 2024). Add the patrol unitto the existing ?eet for DU|lDrug driving enforcement, and conduct at least 8 saturation patrols, each quarter during the awarded grant time.

Program Sustainability
The St Helena Police Department willbe collecting data during the grant. The Grant director willcomplete the evaluation process by keeping track of the of?cers who attended the training, dates. times, and courses, the Police Department. and community interactions, such as meetings, social media posts, contacts, and High an enforcement stops. The Evaluator should also provide a brief summary of the grant's accomplishments, challenges, signi?cant activities, the results, whether the grant's goals were met, and the totality of the grant results. With the addition of a patrol unit for DU|lDrug driving enforcement, the St Helena Police Department willgather data during the grant. The Grant director willcomplete the process by keeping track of the vehicle's hourly use of DUI/Drug driving patrol, alcohovdrug-related traf?c stops, DU|lDrug-related arrest, DUI/Drug citation.and DUI/Drug related pedestrian stops. Administrative Suggog The funding provided during the grant period willhave an ongoing bene?t for the department personnel and the community members, even ifthe funds are reduced or become unavailable in the future. The funding will provide the training for the of?cers who can in turn share their training and experience with the outside agencies who have provided us with the assistance in the past. The of?cers willcontinue to provide public education based on the training and experience they have received and willcontinue to receive. The addition of a patrol vehicle willbe used for years to come, itwillbe used as a DUI/Drug driving enforcement vehicle even ifthe funds are reduced or become unavailable. The funding willprovide a fully equipped vehicle to be in service for years and willbe utilized during DUl/Drug driving patrols and outside agency assists.

Agenda Item #10.7.

W;
m u
Schedule B
Detailed Budget Estimate
Award Number OrganlzatlonIAgency Amo
unt
12996 St. Helena Police Department
Cost Category Line Item Name Tot
al
CtoGrant
os
t Other Dlrect Costs
Infonnational Pamphlets $600.00
Category Sub-Total $600.00
Personnel
DUISaturation Patrol
DUIDetection Field Sobriety Training - Attend
DRE Training - Attend
DARTraining - Attend
DUICheckpoint Training - Attend
Presentations
Back?ll .

Equipment
DUIPatrol Vehicle $56,000.
00 Grant Total $146.419
.00 Agenda Item #10.7.

Schedule B-1
Budget Narrative
St. Helena Police Department
Other Direct Costs
Informational Pamphlets
$600.00
lnfonnational pamphlets to be made in regard to Drug and DUI drivingfor community meetings and every 15 minutes
program. Total cost $600.00
Personnel
DUISaturation Patrol
$29.B06.00
Personnel cost for one position paid 100% by the grant at 62.50 an hour would be entered as over time. Saturation Patrol 24 hr. a week. 24 hr. a week X 12 weeks = 288 total hrs. per Quarter. 288 hrs. Totaling $18,000.00 Personnel cost for one position paid 100% by the grant at 41.00 an hour would be entered at straight time.

Saturation Patrol 24 hr. a week. 24 hr. a week X 12 weeks = 288 total hrs. per Quarter. 288 hrs. Totaling $ 11,808.00 per Of?cer
DUI Detection Field Sobriety Training - Attend
$738.00
Personnel cost for one position paid 100% by the grant at 41.00 an hour would be entered at straight time. Course hours for; DUI Detection Field Sobriety 18hr. Totaling $738.

DRE Training - Attend
$5,904.00
Personnel cost for one position paid 100% by the grant at41.00 an hour would be entered at straight time. Course hours for; DRE Classroom course 72 hrs. X two of?cers. Totaling 5 5,904.00 DAR Training - Attend
Personnel cost for one position paid 100% by the grant at 41.00 an hour would be entered at straight time. Course hours for; 11550 24 hrs. Xtwo Of?cers, Totaling $ 1,968.00 DUICheckpoint Training - Attend $328.00 Personnel cost for one position paid 100% by the grant at41.00 an hour would be entered at straight time. Course hours for; DUICheckpoint Planning and Manage 8hr Per student Total 8 hr. Student would attend this course totaling 8 hrs. Totaling $ 328.00 per student Agenda Item #10.7.

:|»4 ml
Schedule B-1
Budget Narrative
St. Helena Police Department
Presentations
$656.00
Every 15 Minutes program would cover the cost of one Of?cer covered 100% by the grant at $41.00 per hour per employee at a regular rate. Every 15 minutes 8 hr. Total 8 hr. Per Employee Total 8 hrs. $328.00 Elementary School assembly for explaining dangers of impaired driving with two Of?cers covered 100% by the gr an
t
at $41.00 an hour paid as straight time. School Assembly 2 hrs. Total 4 hrs. Per Employee Total 4 hrs. $164.00.

Community member meeting explaining the dangers of impaired driving and new laws, with one employee covere d 100% by the grant at $41.00 an hour paid as straight time. Community Meeting 4 hrs. Total 4 hrs. Per Employee Total 4 hrs. $164.00
Backfill
$42,417.00
Amount calculated to replace ?ve of?cer's shifts, who are attending trainings, community meetings, and school assemblies at an overtime rate of $62.50 hr. Shift Coverage OT hours to Replace Of?cer in training, 602 hrs. OT X$62.50 hr. Total $37,625.00 Bene?ts
Amount calculated for ?ve Ofticers at a bene?t rate of $20.50lhr. for 234 hours of training, community meetings, a n
d
school assemblies, 234 hrs. X $20.50/hr., Total of
$4,797.00
Equipment
DUI Patrol Vehicle
$56,000.00
Projected cost to purchase one Patrol vehicle.

DUI Patrol Vehicle - Out?tting
$8,000.00
Out?tting one patrol vehicle with emergency vehicle equipment, only lights and sirens.

Agenda Item #10.7.

CITY OF ST. HELENA
RESOLUTIONNO. 2022-97
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. HELENA AUTHORIZINGTHE ACQUISITION OF TWO 2023 FORD POLICE EXPLORER HYBRIDS,A 2023 FORD MAVERICKHYBRIDAND A 2023 TESLA MODEL3 (CH|EF'S VEHICLE) FOR A TOTAL AMOUNT NOT TO EXCEED $203,000;

AND FURTHER AUTHORIZINGTHE CITY MANAGER TO TAKE SUCH

ACTIONAS NECESSARY TO ACQUIRETHE VEHICLESFROM THE LOWEST

BIDDERS THAT HAVE CURRENT AVAILABILITYOR CAN DELIVERTHE

VEHICLES INA REASONABLE TIME

RECITALS
A. The City of St. Helena desires to purchase two (2) 2022 Ford Explorer hybrids, (1) Ford Maverick hybrid and a (1) Tesla Model 3; and B. This is an expected. budgeted expense with $250,000 being earmarked for vehicle purchases and upfitting. covered in the FY2022-23 budget: and C. The police department has experienced difficultiesin ordering vehicles due to national supply chain issues and extremely high demand for vehicles in the civilianmarket, and has been unable to secure bids through the City's formal bidding process for acquisition of the needed vehicles and therefore desires to acquire the needed vehicles through such other method as the Councildeems appropriate; and
to
vehicles for an amount not to exceed $203,000, and to take such action as necessary to acquire the vehicles.

RESOLUTION

NOW, THEREFOR
E,
City touncil of the City St. Helena hereby resolves as
h
e
follows:

1. The Ci
ty
Chereby authorizes the ofwo 2023 acquisition Ford Plice o
u
n
ci
l
Explor
er
haFord Maverick hybrid 2023 and 2023 Tesla Model 3
y
b
ri
d
s,
for a to
ta
l
exceed amnot toand $203,000;
ou
nt
Agenda Item #10.7.

{A
11,4

2. The City Co
un
cil
authorizes the Manager furth City take such toaction,
er including b
ut
limit the issuance ntoofrder and execution purchase
oed
t
necessary asnecessary theofrom vehicles the acquire
lowest bidd
ers
tha have availability the current for desired vehicles or can t deliver the areasonable timeframe asindetermined bythe City Manager.

Approved at a Regular Meetin
g
the St. Hlena oCityouncil onOctober 2022,5th.
f by the followingvote:

Mayor Elisworthz Yes
Vice Mayor Dohring: Ye
s
Councilmember Chouteau: Ye
s
Councilmember Hardy: Yes
Councilmember Hall: Yes
A
P
P
R
O
V
E
D
:

ATTEST: G
eo
Mayor Ell
sw
ort
h.

C
in
d
y
Tz opoulos,
it
Agenda Item #10.7.

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Agenda Item #10.7.

September 27, 2023
Justin,
Here are the latest numbers on the 2
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tang
Selling Price: $45,935.32
Sales Tax: $3,796.68
Fees: $118.00
Total: $49,850.00
Rebate: $3,000.00
Agenda Item #10.7.

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Agenda Item #10.7.

Contact Line Item # (CLIN) Description UNSPSC Unit of Measure (UOM)
Quantity in
Unit of
Measure
Make Model Vehicle Contract Unit Price Maintenance Plan Contract Unit Price Dealer Contract Number
1 Sport Utility, 4x4 or AWD, 5-
Passenger, 165 HP, 103 in. WB,
59 cu. ft. Cargo Volume,
GASOLINE Fueled Vehicle in
accordance with specification 2310-
4181 dated 8/16/21 25101507 Each 1 SUBARU OUTBACK $31,510.00 $1,145.00 ELK GROVE AUTO 1-22-23-23E 1 Sport Utility, 4x4 or AWD, 5-
Passenger, 165 HP, 103 in. WB,
59 cu. ft. Cargo Volume,
GASOLINE Fueled Vehicle in
accordance with specification 2310-
4181 dated 8/16/21 25101507 Each 1 SUBARU FORESTER CURRENTLY UNAVAILABLE $1,145.00 ELK GROVE AUTO 1-22-23-23E 1 Sport Utility, 4x4 or AWD, 5-
Passenger, 165 HP, 103 in. WB,
59 cu. ft. Cargo Volume,
GASOLINE Fueled Vehicle in
accordance with specification 2310-
4181 dated 8/16/21 25101507 Each 1 JEEP COMPASS CURRENTLY UNAVAILABLE $1,095.00 ELK GROVE AUTO 1-22-23-23E 1 Sport Utility, 4x4 or AWD, 5-
Passenger, 165 HP, 103 in. WB,
59 cu. ft. Cargo Volume,
GASOLINE Fueled Vehicle in
accordance with specification 2310-
4181 dated 8/16/21 25101507 Each 1 VW TIGUAN CURRENTLY UNAVAILABLE $1,325.00 ELK GROVE AUTO 1-22-23-23E 1 Sport Utility, 4x4 or AWD, 5-
Passenger, 165 HP, 103 in. WB,
59 cu. ft. Cargo Volume,
GASOLINE Fueled Vehicle in
accordance with specification 2310-
4181 dated 8/16/21 25101507 Each 1 NISSAN ROGUE CURRENTLY UNAVAILABLE $895.00 LITHIA NISSAN OF FRESNO 1-22-23-23A 1 Sport Utility, 4x4 or AWD, 5-
Passenger, 165 HP, 103 in. WB,
59 cu. ft. Cargo Volume,
GASOLINE Fueled Vehicle in
accordance with specification 2310-
4181 dated 8/16/21 25101507 Each 1 HYUNDAI TUCSON CURRENTLY UNAVAILABLE $1,800.00 US FLEET SOURCE 1-22-23-23H 1 Sport Utility, 4x4 or AWD, 5-
Passenger, 165 HP, 103 in. WB,
59 cu. ft. Cargo Volume,
GASOLINE Fueled Vehicle in
accordance with specification 2310-
4181 dated 8/16/21 25101507 Each 1 CHEVROLET EQUINOX $26,065.00 $1,095.00 WINNER CHEVROLET 1-22-23-23D 1 Sport Utility, 4x4 or AWD, 5-
Passenger, 165 HP, 103 in. WB,
59 cu. ft. Cargo Volume,
GASOLINE Fueled Vehicle in
accordance with specification 2310-
4181 dated 8/16/21 25101507 Each 1 FORD ESCAPE CURRENTLY UNAVAILABLE $499.00 DOWNTOWN FORD 1-22-23-23F 2 Sport Utility, 4x4 or AWD, 7-
Passenger, 275 HP, 109 in. WB,
80 cu. ft. Cargo Volume,
GASOLINE Fueled Vehicle in
accordance with specification 2310-
4181 dated 8/16/21 25101507 Each 1 TOYOTA HIGHLANDER CURRENTLY UNAVAILABLE $895.00 FREEWAY TOYOTA OF HANFORD 1-22-23-23C Fleet Vehicles - Vans & SUVs
Attachment A - Contract Pricing *Supplement 12*
Contract 1-22-23-23 (A-I)
Payment Terms for Contracts 1-22-23-23A-G (Excludes Contracts H & I) $500 discount per vehicle for payment within 20 days
1 Agenda Item #10.7.

Contact Line Item # (CLIN) Description UNSPSC Unit of Measure (UOM)
Quantity in
Unit of
Measure
Make Model Vehicle Contract Unit Price Maintenance Plan Contract Unit Price Dealer Contract Number
2 Sport Utility, 4x4 or AWD, 7-
Passenger, 275 HP, 109 in. WB,
80 cu. ft. Cargo Volume,
GASOLINE Fueled Vehicle in
accordance with specification 2310-
4181 dated 8/16/21 25101507 Each 1 NISSAN PATHFINDER CURRENTLY UNAVAILABLE $895.00 LITHIA NISSAN OF FRESNO 1-22-23-23A 2 Sport Utility, 4x4 or AWD, 7-
Passenger, 275 HP, 109 in. WB,
80 cu. ft. Cargo Volume,
GASOLINE Fueled Vehicle in
accordance with specification 2310-
4181 dated 8/16/21 25101507 Each 1 HONDA PILOT CURRENTLY UNAVAILABLE $1,195.00 OCEAN HONDA 1-22-23-23B 2 Sport Utility, 4x4 or AWD, 7-
Passenger, 275 HP, 109 in. WB,
80 cu. ft. Cargo Volume,
GASOLINE Fueled Vehicle in
accordance with specification 2310-
4181 dated 8/16/21 25101507 Each 1 HYUNDAI PALISADE CURRENTLY UNAVAILABLE $2,100.00 US FLEET SOURCE 1-22-23-23H 2 Sport Utility, 4x4 or AWD, 7-
Passenger, 275 HP, 109 in. WB,
80 cu. ft. Cargo Volume,
GASOLINE Fueled Vehicle in
accordance with specification 2310-
4181 dated 8/16/21 25101507 Each 1 CHEVROLET TRAVERSE CURRENTLY UNAVAILABLE $749.00 CA CAR GROUP 1-22-23-23I 2 Sport Utility, 4x4 or AWD, 7-
Passenger, 275 HP, 109 in. WB,
80 cu. ft. Cargo Volume,
GASOLINE Fueled Vehicle in
accordance with specification 2310-
4181 dated 8/16/21 25101507 Each 1 DODGE DURANGO CURRENTLY UNAVAILABLE $1,095.00 ELK GROVE AUTO 1-22-23-23E 2 Sport Utility, 4x4 or AWD, 7-
Passenger, 275 HP, 109 in. WB,
80 cu. ft. Cargo Volume,
GASOLINE Fueled Vehicle in
accordance with specification 2310-
4181 dated 8/16/21 25101507 Each 1 FORD EXPLORER CURRENTLY UNAVAILABLE $499.00 DOWNTOWN FORD 1-22-23-23F 3 Sport Utility, 4x4 or AWD, 8-
Passenger, 350 HP, 116 in. WB,
94 cu. ft. Cargo Volume,
GASOLINE Fueled Vehicle in
accordance with specification 2310-
4181 dated 8/16/21 25101507 Each 1 TOYOTA SEQUOIA CURRENTLY UNAVAILABLE $895.00 FREEWAY TOYOTA OF HANFORD 1-22-23-23C 3 Sport Utility, 4x4 or AWD, 8-
Passenger, 350 HP, 116 in. WB,
94 cu. ft. Cargo Volume,
GASOLINE Fueled Vehicle in
accordance with specification 2310-
4181 dated 8/16/21 25101507 Each 1 CHEVROLET TAHOE CURRENTLY UNAVAILABLE $1,095.00 WINNER CHEVROLET 1-22-23-23D 3 Sport Utility, 4x4 or AWD, 8-
Passenger, 350 HP, 116 in. WB,
94 cu. ft. Cargo Volume,
GASOLINE Fueled Vehicle in
accordance with specification 2310-
4181 dated 8/16/21 25101507 Each 1 FORD EXPEDITION $57.964.00 $499.00 DOWNTOWN FORD 1-22-23-23F 4 Sport Utility, 4x4 or AWD, 9-
Passenger, 350 HP, 130 in. WB,
120 cu. ft. Cargo Volume,
GASOLINE Fueled Vehicle in
accordance with specification 2310-
4181 dated 8/16/21 25101507 Each 1 CHEVROLET SUBURBAN CURRENTLY UNAVAILABLE $1,095.00 WINNER CHEVROLET 1-22-23-23D 5 Small Sport Utility, AWD, 5-
Passenger, 200 RANGE,
ELECTRIC Fueled Vehicle in
accordance with specification 2310-
4181 dated 8/16/21 25101507 Each 1 AUDI Q4 E-TRON $58,300.00 $2,130.00 ELK GROVE AUTO 1-22-23-23E 2 Agenda Item #10.7.

Contact Line Item # (CLIN) Description UNSPSC Unit of Measure (UOM)
Quantity in
Unit of
Measure
Make Model Vehicle Contract Unit Price Maintenance Plan Contract Unit Price Dealer Contract Number
5 Small Sport Utility, AWD, 5-
Passenger, 200 RANGE,
ELECTRIC Fueled Vehicle in
accordance with specification 2310-
4181 dated 8/16/21 25101507 Each 1 VW iD4 PRO $49,605.00 $1,095.00 ELK GROVE AUTO 1-22-23-23E 5 Small Sport Utility, AWD, 5-
Passenger, 200 RANGE,
ELECTRIC Fueled Vehicle in
accordance with specification 2310-
4181 dated 8/16/21 25101507 Each 1 FORD MACH-E SELECT $47,199.00 $499.00 DOWNTOWN FORD 1-22-23-23F 8 Small Sport Utility, 2WD, 5-
Passenger, 200 RANGE,
ELECTRIC Fueled Vehicle in
accordance with specification 2310-
4181 dated 8/16/21 25101507 Each 1 AUDI Q4 E-TRON $52,500.00 $2,130.00 ELK GROVE AUTO 1-22-23-23E 8 Small Sport Utility, 2WD, 5-
Passenger, 200 RANGE,
ELECTRIC Fueled Vehicle in
accordance with specification 2310-
4181 dated 8/16/21 25101507 Each 1 VW iD4 PRO $46,865.00 $1,095.00 ELK GROVE AUTO 1-22-23-23E 8 Small Sport Utility, 2WD, 5-
Passenger, 200 RANGE,
ELECTRIC Fueled Vehicle in
accordance with specification 2310-
4181 dated 8/16/21 25101507 Each 1 FORD MACH-E SELECT $44,199.00 $499.00 DOWNTOWN FORD 1-22-23-23F 9 Small Sport Utility, 2WD, 5-
Passenger, 250 RANGE,
ELECTRIC Fueled Vehicle in
accordance with specification 2310-
4181 dated 8/16/21 25101507 Each 1 VW iD4 PRO $46,865.00 $1,095.00 ELK GROVE AUTO 1-22-23-23E 11 Small Sport Utility, 4x4 or AWD, 5-
Passenger, 130 HP, DIESEL
Fueled Vehicle in accordance with
specification 2310-4181 dated
8/16/21 25101507 Each 1 JEEP WRANGLER SPORT CURRENTLY UNAVAILABLE $1,095.00 ELK GROVE AUTO 1-22-23-23E 12 Standard Sport Utility, 4x4 or AWD,
5-Passenger, 240 HP, DIESEL
Fueled Vehicle in accordance with
specification 2310-4181 dated
8/16/21 25101505 Each 1 CHEVROLET TAHOE CURRENTLY UNAVAILABLE $1,640.00 WATSONVILLE FLEET GROUP 1-22-23-23G 13 Small Sport Utility, 5-Passenger,
HYBRID-ELECTRIC Fueled
Vehicle in accordance with
specification 2310-4181 dated
8/16/21 25101505 Each 1 TOYOTA RAV4 CURRENTLY UNAVAILABLE $895.00 FREEWAY TOYOTA OF HANFORD 1-22-23-23C 13 Small Sport Utility, 5-Passenger,
HYBRID-ELECTRIC Fueled
Vehicle in accordance with
specification 2310-4181 dated
8/16/21 25101505 Each 1 HONDA CR-V CURRENTLY UNAVAILABLE $1,195.00 OCEAN HONDA 1-22-23-23B 13 Small Sport Utility, 5-Passenger,
HYBRID-ELECTRIC Fueled
Vehicle in accordance with
specification 2310-4181 dated
8/16/21 25101505 Each 1 HYUNDAI SANTA FE HYBRID BLUE CURRENTLY UNAVAILABLE $2,100.00 US FLEET SOURCE 1-22-23-23H 13 Small Sport Utility, 5-Passenger,
HYBRID-ELECTRIC Fueled
Vehicle in accordance with
specification 2310-4181 dated
8/16/21 25101505 Each 1 FORD ESCAPE CURRENTLY UNAVAILABLE $499.00 DOWNTOWN FORD 1-22-23-23F 14 Sport Utility, 7-Passenger, HYBRIDELECTRIC Fueled Vehicle in accordance with specification 2310-
4181 dated 8/16/21
25101505 Each 1 TOYOTA HIGLANDER CURRENTLY UNAVAILABLE $895.00 FREEWAY TOYOTA OF HANFORD 1-22-23-23C 3 Agenda Item #10.7.

Contact Line Item # (CLIN) Description UNSPSC Unit of Measure (UOM)
Quantity in
Unit of
Measure
Make Model Vehicle Contract Unit Price Maintenance Plan Contract Unit Price Dealer Contract Number
14 Sport Utility, 7-Passenger, HYBRIDELECTRIC Fueled Vehicle in accordance with specification 2310-
4181 dated 8/16/21
25101505 Each 1 FORD EXPLORER CURRENTLY UNAVAILABLE $499.00 DOWNTOWN FORD 1-22-23-23F 15 Sport Utility, 5-Passenger, PLUGIN HYBRID ELECTRIC Fueled Vehicle in accordance with
specification 2310-4181 dated
8/16/21 25101505 Each 1 FORD ESCAPE CURRENTLY UNAVAILABLE $499.00 DOWNTOWN FORD 1-22-23-23F 15 Sport Utility, 5-Passenger, PLUGIN HYBRID ELECTRIC Fueled Vehicle in accordance with
specification 2310-4181 dated
8/16/21 25101505 Each 1 TOYOTA RAV4 PRIME CURRENTLY UNAVAILABLE $895.00 FREEWAY TOYOTA OF HANFORD 1-22-23-23C 15 Sport Utility, 5-Passenger, PLUGIN HYBRID ELECTRIC Fueled Vehicle in accordance with
specification 2310-4181 dated
8/16/21 25101505 Each 1 HYUNDAI SANTA FE PHEV CURRENTLY UNAVAILABLE $2,100.00 US FLEET SOURCE 1-22-23-23H 21 Sport Utility, 4x4 Off-Road, 5-
Passenger, 170 HP, 8 in. of
Ground Clearance, GASOLINE
Fueled Vehicle in accordance with
specification 2310-4181 dated
8/16/21 25101505 Each 1 SUBARU CROSSTREK CURRENTLY UNAVAILABLE $1,145.00 ELK GROVE AUTO 1-22-23-23E 21 Sport Utility, 4x4 Off-Road, 5-
Passenger, 170 HP, 8 in. of
Ground Clearance, GASOLINE
Fueled Vehicle in accordance with
specification 2310-4181 dated
8/16/21 25101505 Each 1 FORD BRONCO SPORT CURRENTLY UNAVAILABLE $1,340.00 WATSONVILLE FLEET GROUP 1-22-23-23G 22 Sport Utility, 4x4 Off-Road, 4-
Passenger, 260 HP, 105 in.
(Maximum) WB, 8 in. of Ground
Clearance, GASOLINE Fueled
Vehicle in accordance with
specification 2310-4181 dated
8/16/21 25101505 Each 1 JEEP WRANGLER SPORT CURRENTLY UNAVAILABLE $1,095.00 ELK GROVE AUTO 1-22-23-23E 22 Sport Utility, 4x4 Off-Road, 4-
Passenger, 260 HP, 105 in.
(Maximum) WB, 8 in. of Ground
Clearance, GASOLINE Fueled
Vehicle in accordance with
specification 2310-4181 dated
8/16/21 25101505 Each 1 FORD BRONCO CURRENTLY UNAVAILABLE $1,340.00 WATSONVILLE FLEET GROUP 1-22-23-23G 23 Sport Utility, 4x4 Off-Road, 5-
Passenger, 260 HP, 8 in. of
Ground Clearance, GASOLINE
Fueled Vehicle in accordance with
specification 2310-4181 dated
8/16/21 25101505 Each 1 JEEP WRANGLER CURRENTLY UNAVAILABLE $1,095.00 ELK GROVE AUTO 1-22-23-23E 23 Sport Utility, 4x4 Off-Road, 5-
Passenger, 260 HP, 8 in. of
Ground Clearance, GASOLINE
Fueled Vehicle in accordance with
specification 2310-4181 dated
8/16/21 25101505 Each 1 TOYOTA 4RUNNER CURRENTLY UNAVAILABLE $895.00 FREEWAY TOYOTA OF HANFORD 1-22-23-23C 23 Sport Utility, 4x4 Off-Road, 5-
Passenger, 260 HP, 8 in. of
Ground Clearance, GASOLINE
Fueled Vehicle in accordance with
specification 2310-4181 dated
8/16/21 25101505 Each 1 FORD BRONCO CURRENTLY UNAVAILABLE $1,340.00 WATSONVILLE FLEET GROUP 1-22-23-23G 4 Agenda Item #10.7.

Contact Line Item # (CLIN) Description UNSPSC Unit of Measure (UOM)
Quantity in
Unit of
Measure
Make Model Vehicle Contract Unit Price Maintenance Plan Contract Unit Price Dealer Contract Number
24 Minivan, 7-Passenger, 170 HP, 114
in. WB, GASOLINE Fueled Vehicle
in accordance with specification
2310-4181 dated 8/16/21
25101505 Each 1 CHRYSLER VOYAGER LX CURRENTLY UNAVAILABLE $1,095.00 ELK GROVE AUTO 1-22-23-23E 24 Minivan, 7-Passenger, 170 HP, 114
in. WB, GASOLINE Fueled Vehicle
in accordance with specification
2310-4181 dated 8/16/21
25101505 Each 1 HONDA ODYSSEY CURRENTLY UNAVAILABLE $1,195.00 OCEAN HONDA 1-22-23-23B 24A
Minivan, 7-Passenger, 170 HP, 114
in. WB, HYBRID Fueled Vehicle in
accordance with specification 2310-
4181 dated 8/16/21
25101505 Each 1 TOYOTA SIENNA CURRENTLY UNAVAILABLE $895.00 FREEWAY TOYOTA OF HANFORD 1-22-23-23C 25 Minivan, 4x4 or AWD, 7-
Passenger, 170 HP, 114 in. WB,
GASOLINE Fueled Vehicle in
accordance with specification 2310-
4181 dated 8/16/21 25101505 Each 1 CHRYSLER PACIFICA TOURING L $45,940.00 $1,095.00 ELK GROVE AUTO 1-22-23-23E 25A
Minivan, 4x4 or AWD, 7-
Passenger, 170 HP, 114 in. WB,
HYBRID Fueled Vehicle in
accordance with specification 2310-
4181 dated 8/16/21 25101505 Each 1 TOYOTA SIENNA CURRENTLY UNAVAILABLE $895.00 FREEWAY TOYOTA OF HANFORD 1-22-23-23C 27 Minivan, 7-Passenger, PLUG-IN
HYBRID ELECTRIC Fueled
Vehicle in accordance with
specification 2310-4181 dated
8/16/21 25101505 Each 1 CHRYSLER PACIFICA SELECT $53,610.00 $1,095.00 ELK GROVE AUTO 1-22-23-23E 29 Van, 12-Passenger, 260 HP, 135
in. WB, GASOLINE Fueled Vehicle
in accordance with specification
2310-4181 dated 8/16/21
25101505 Each 1 CHEVROLET EXPRESS $39,020.00 WINNER CHEVROLET 1-22-23-23D 29 Van, 12-Passenger, 260 HP, 135
in. WB, GASOLINE Fueled Vehicle
in accordance with specification
2310-4181 dated 8/16/21
25101505 Each 1 FORD TRANSIT XL *$49,626.00* DOWNTOWN FORD 1-22-23-23F 30 Van, 15-Passenger, 260 HP, 145
in. WB, GASOLINE Fueled Vehicle
in accordance with specification
2310-4181 dated 8/16/21
25101507 Each 1 CHEVROLET EXPRESS $41,580.00 WINNER CHEVROLET 1-22-23-23D 30 Van, 15-Passenger, 260 HP, 145
in. WB, GASOLINE Fueled Vehicle
in accordance with specification
2310-4181 dated 8/16/21
25101507 Each 1 FORD TRANSIT XL *$50,911.00* DOWNTOWN FORD 1-22-23-23F 31 Cargo Minivan, 130 HP, 114 in.

WB, 120 cu. ft. Cargo Volume,
GASOLINE Fueled Vehicle in
accordance with specification 2310-
4181 dated 8/16/21 25101507 Each 1 FORD TRANSIT CONNECT CURRENTLY UNAVAILABLE $499.00 DOWNTOWN FORD 1-22-23-23F 32 Cargo Van, 270 HP, 135 in. WB,
8500 GVWR, GASOLINE Fueled
Vehicle in accordance with
specification 2310-4181 dated
8/16/21 25101507 Each 1 CHEVROLET EXPRESS $34,970.00 WINNER CHEVROLET 1-22-23-23D 32 Cargo Van, 270 HP, 135 in. WB,
8500 GVWR, GASOLINE Fueled
Vehicle in accordance with
specification 2310-4181 dated
8/16/21 25101507 Each 1 FORD TRANSIT XL *$43,947.00* DOWNTOWN FORD 1-22-23-23F 5 Agenda Item #10.7.

Contact Line Item # (CLIN) Description UNSPSC Unit of Measure (UOM)
Quantity in
Unit of
Measure
Make Model Vehicle Contract Unit Price Maintenance Plan Contract Unit Price Dealer Contract Number
33 Cargo Van, 290 lb.-ft. Torque, 135
in. WB, 8500 GVWR, DIESEL
Fueled Vehicle in accordance with
specification 2310-4181 dated
8/16/21 25101507 Each 1 CHEVROLET EXPRESS DISCONTINUED WINNER CHEVROLET 1-22-23-23D 35 Cargo Van, High Ceiling, 270 HP,
135 in. WB, 8500 GVWR,
GASOLINE Fueled Vehicle in
accordance with specification 2310-
4181 dated 8/16/21 25101507 Each 1 RAM PROMASTER CURRENTLY UNAVAILABLE ELK GROVE AUTO 1-22-23-23E 35 Cargo Van, High Ceiling, 270 HP,
135 in. WB, 8500 GVWR,
GASOLINE Fueled Vehicle in
accordance with specification 2310-
4181 dated 8/16/21 25101507 Each 1 FORD TRANSIT T-250 CURRENTLY UNAVAILABLE WATSONVILLE FLEET GROUP 1-22-23-23G 38 Cargo Van, 130 in. WB, 120 Mile
Range ELECTRIC Fueled Vehicle
in accordance with specification
2310-4181 dated 8/16/21
25101507 Each 1 FORD TRANSIT T-350 XL $44,995.00 WATSONVILLE FLEET GROUP 1-22-23-23G 39 Cargo Van,140 in. WB, 120 Mile
Range ELECTRIC Fueled Vehicle
in accordance with specification
2310-4181 dated 8/16/21
25101507 Each 1 FORD TRANSIT T-350 XL $46,172.00 WATSONVILLE FLEET GROUP 1-22-23-23G 40 Cargo Van, 140 in. WB, 110 Mile
Range ELECTRIC Fueled Vehicle
in accordance with specification
2310-4181 dated 8/16/21
25101507 Each 1 FORD TRANSIT T-350 XL $46,172.00 WATSONVILLE FLEET GROUP 1-22-23-23G 41 Cargo Van, High Ceiling, 140 in.

WB, 100 Mile Range, ELECTRIC
Fueled Vehicle in accordance with
specification 2310-4181 dated
8/16/21 25101507 Each 1 FORD TRANSIT T-350 XL $49,221.00 WATSONVILLE FLEET GROUP 1-22-23-23G 42 Cargo Van, Chassis Cab, 178in.

WB, ELECTRIC Fueled Vehicle in
accordance with specification 2310-
4181 dated 8/16/21 25101507 Each 1 FORD TRANSIT T-350 XL $41,728.00 WATSONVILLE FLEET GROUP 1-22-23-23G 43 Cargo Van, Cutaway, 178 in. WB,
ELECTRIC Fueled Vehicle in
accordance with specification 2310-
4181 dated 8/16/21 25101507 Each 1 FORD TRANSIT T-350 XL $41,212.00 WATSONVILLE FLEET GROUP 1-22-23-23G Description Unit of Measure Quantity in Unit of Make Model Manufacturer Contract Unit Price Additional options, (cost plus) various various n/a n/a n/a Dealer Cost up to + 10 % Removal of options, (cost minus) various various n/a n/a n/a Dealer Cost up to + 10 % The following items are applicable for options only.
6 Agenda Item #10.7.

Stock #2 VW Deal#: OOOOOOO September 2912023
Vehicle Not Found

CITYOF SAINTHELENA
Phone: Salesperson: BRANDONNALL
Email:

Sale Information Cash Option Sales Tax $3,719.27
Balance Due Of $48,843.02
Selling Price $44,997.00
Finance Option
Accessories $0.00
initial investment
Rebates $0.00
Service Contract $0.00
Gap $0.00
Net Trade $0.00 ;
Fees $126.75
Lease Option
Trade Information
Initial Investment
Trade Allowance
$0_0O
Trade Payoff 50.00
Net Trade 5000
Please submit this worksheet to management for review. l understand 1) This worksheet is neither an offer nor a contract and is not binding on the customer or the dealership. 2) No offer to purchase any vehicle is binding until accepted in writing by an authorized sales manager and 3) Sales consultants cannot obligate or bind the customer or the dealership. I hereby authorize the dealership to conduct an investigation of my credit and employment history and release such information to banks, lenders and credit agencies. Cusmmer Sjlnalurei Dealership Approval:

Agenda Item #10.7.

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Stock #: VIN Deal#: 0000000 september29,2o23
Vehicle Not Found

CITYOF SAINTHELENA
Phone: Salesperson: BRANDONNALL
Email:

Sale Information Cash Option Sales Tax $3,764.23
Balance Due Of $49,432.98
Selling Price $45,542.00 1
Finance Option
Accessories $0.00
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Initial Investment
Rebates $0.00
Service Contract $0.00
Gap $0.00
Net Trade $0.00
Fees $126.75
Lease Option
Trade mformation
initial Investment
Trade Allowance $000
Trade Payoff
Net Trade 5000
Please submit this worksheet to management for review. I understand 1) This worksheet is neither an offer nor a contract and is not binding on the customer or the dealership. 2) No offer to purchase any vehicle is binding until accepted in writing by an authorized sales manager and 3) Sales consultants cannot obligate or bind the customer or the dealership. l hereby authorize the dealership to conduct an investigation of my credit and employment history and release such information to banks, lenders and credit agencies. Customer signature: Dealership Agprovai; Agenda Item #10.7.

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Agenda Item #10.7.

Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Finance
DATE: October 10, 2023
FROM: Mandy Kellogg, Administrative Services Director
SUBJECT: Consideration and Proposed Approval of an Ordinance Amending Section Chapter 2.04.050 City Council Salary,
Making Increases to City Council Compensation Based on
Changes from Senate Bill 329 that increases the Maximum City Council Salary that can be Approved by City Ordinance Effective January 1, 2025.

RECOMMENDED
ACTION:

Waive the second reading and approve an ordinance by title only amending section Chapter 2.04.050 City Council
Salary, making the proposed changes to the salary of
Mayor and the members of the City Council.

PREVIOUS COUNCIL
ACTION:

September 26, 2023 City Council Approved the First
Reading with an Amendment.

STATEMENT OF THE
PURPOSE:

Recommend proposed changes to the salary of the
members of the City Council effective January 1, 2025.

FINANCIAL IMPACT: None.

BACKGROUND:

Government Code section 36516(a), as adopted in 1984, set certain defined salary limits for city council members in general law cities depending on the size of a city’s residential population.

The California Senate unanimously approved legislation from Senator Bill Dodd, D-Napa that would boost participation and diversity on California city councils by allowing the first council pay cap increases in nearly four decades, bringing salaries more in line with the cost of living. SB 329 was supported by the California branch of the NAACP and the League of California Cities, among other groups. “Diversity and inclusion make for better policy-making at all levels of government,” said Carolyn Coleman, executive director and CEO of League of California Cities during it passage. “Cal Cities is proud to sponsor this important legislation that lessens barriers for those interested in governing at the local level. This overdue reform is another tool communities can choose to use that can helps ensure our city councils are reflective of the residents who live, work and play in their communities.”
Senator Dodd's Senate Bill 329 intends to address the inequity by allowing councils to adjust their maximum pay to reflect inflation as measured by the California Consumer Price Index. Any increases would require a majority vote of the city councils. During passage of the bill, Senator Dodd was quoted saying, "city council members serve long Agenda Item #10.8.

hours and make critical decisions for our communities. It's a major commitment that's especially hard on working people and those from diverse or disadvantaged backgrounds who must balance jobs and family obligations. My proposal will improve diverse representation and increase access to elected office for all Californians by making it less of a financial challenge to serve."
The salary of St. Helena City Councilmembers is authorized by Government Code 36516(a), which allows a City Council to establish a salary, by ordinance, up to a ceiling based by the population. For cities up to and including 35,000 in population (like City of St. Helena), the salary approved by ordinance may be up to 300 dollars per month. That salary may be increased by ordinance or amendment, but the increase may not exceed an amount equal to 5 percent for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or last amendment was enacted.

On December 10, 1984, the City Council adopted Ordinance 84-19, which set the City Council's monthly compensation at $300 per month pursuant to the provisions of Government Code Section 36516 based on a population of approximately 5,000. No additional increases have been authorized to-date during the last almost 40 years. With inflation, that number would have normally have increased from $300 to $883.

The City Council approved the first reading with an amendment at the September 26, 2023, City Council Meeting. The amendment was to amend Section 2.08.020, which referenced the salary paid to the directly elected Mayor to delete “one thousand and five hundred dollars ($1,500.00)” and replace it with “an additional five hundred fifty dollars ($550)”. This amendment was made to make clear that the directly elected mayor would receive an additional $550 per month above the City Council salary, for a total salary of $1,500 per month. The other City Council members will receive a salary of $950 per month, starting on January 1, 2025.

DISCUSSION:

On June 29, 2023, Governor Newsom signed Senate Bill 329 (SB 329) (Attachment A).

SB 329 increases the maximum amount of salary that can be approved by city ordinance based on different population thresholds. The last preceding federal census or a subsequent census shall determine the applicable population. The maximum rates are as follows (the tier for the City of St. Helena population is highlighted in bold text):

Population Maximum Monthly Salary
Up to 35,000 $950
35,001 to 50,000 $1,275
50,001 to 75,000 $1,600
75,001 to 150,000 $1,900
150,001 to 250,000 $2,550
Over 250,000 $3,200
Agenda Item #10.8.

The new bill would increase the maximum amount of salary, based upon the population of the city, that may be approved by an ordinance passed by the city council, as specified.

The bill would authorize the salary of council members to be increased beyond the specified maximums to an amount not exceeding the greater of either 5% for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted, or an amount equal to inflation since January 1, 2024, based upon the California Consumer Price Index, which shall not exceed 10% for each calendar year. The bill would require the city council to consider the adoption of an ordinance to increase council member compensation in open session during at least two regular meetings of the city council.

Below is a summary of the City Council compensation for the cities in Napa County:

Agency Mayor Salary
Council
Member
Salary
Frequency
American
Canyon 315 315 monthly
Calistoga 200 200 monthly
Napa 2,870 1,435 monthly
St. Helena 300 300 monthly
Yountville 777 777 monthly
Staff recommendation is to increase the monthly salary to the maximum allowable amount of $950 per month ($11,400 per year) to address inflation and as a token toward the large number of volunteer hours spent by local elected officials in the performance of their duties.

In addition, staff is recommending an additional compensation for the mayor, increasing maximum allowable amount of $950 per month plus an additional $550 ($18,000 per year), for the additional duties associated with the role of the mayor. Government Code Section 35616.1 authorizes the mayor's salary to exceed the salary caps imposed upon council members in Section 36516. Furthermore, Section 36516.1 stipulates mayors elected in accordance with Sections 34900 to 34904 “may be provided with compensation in addition to that which they receive as a council member.” This additional compensation can be authorized either through a city council-adopted ordinance or by a majority vote of electors during a municipal election.

Government Code Section 36516.5 prohibits any change in compensation during the council member's term in office, therefore staff is recommending the increase to be effective January 1, 2025.

DOCUMENTS ATTACHMENTS:

ST HELENA_ Ordinance Increasing Council and Mayor Compensation-c1 Agenda Item #10.8.

Attachment A: Senate Bill 329
Agenda Item #10.8.

ORDINANCE NO.

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ST. HELENA SETTING THE COMPENSATION OF CITY COUNCILMEMBERS AND MAYOR
WHEREAS, Government Code Section 36516(a)(2) permits the city council to establish by ordinance compensation to be paid to each councilmember up to a ceiling based on the city’s population; and
WHEREAS, pursuant to Government Code Section 36516.1, the city council may adopt an ordinance providing compensation to an elected mayor in addition to the compensation received as a councilmember; and
WHEREAS, On December 10, 1984, the City Council for the City of St. Helena (“City Council”) adopted Ordinance 84-19 which set the City Council's monthly compensation at $300 per month pursuant to the provisions of Government Code Section 36516(a)(2) based on a population of approximately 5,000; and WHEREAS, On June 29, 2023, Governor Newsom signed Senate Bill 329 (“SB 329”) which amends Government Code section 36516 to increase the maximum amount of compensation that can be approved by a city ordinance based on different population thresholds; and
WHEREAS, SB 329 authorizes the salary of councilmembers to be increased beyond the specified maximums to an amount not exceeding the greater of either 5% for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted, or an amount equal to inflation since January 1, 2024, based upon the California Consumer Price Index, which shall not exceed 10% for each calendar year; and
WHEREAS, SB 362 mandates a two-meeting process for considering the adoption of an ordinance increasing councilmember compensation with the first meeting involving the presentation of the proposed ordinance and findings demonstrating the need for the increased compensation; and
WHEREAS, neither SB 362 nor Government Code Section 36516 require the city council to make similar findings solely when increasing the mayor’s compensation; and WHEREAS, the salaries for the City Council have not been increased or adjusted for thirty-eight years to keep pace with the rising cost of living and inflationary trends; and
WHEREAS, to encourage qualified persons to become members of the City Council and to ensure that members of the City Council are compensated comparably Agenda Item #10.8.