Agenda, regular meeting — St. Helena City Council, January 23, 2024 (part 1 of 2)

City of St. Helena
Regular City Council Meeting
Tuesday, January 23, 2024 @ 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

3. PLEDGE OF ALLEGIANCE

4. ADOPTION OF THE AGENDA

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

5.1. Consideration and proposed approval of Regular Meeting Minutes of January 9, 2024.
01-09-2024 Regular City Council - Minutes
9 - 12

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.

6.1. Public Comment.Ken Stanton 13

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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: 6:20 p.m.

8. PRESENTATIONS AND PUBLIC RECOGNITIONS
None

9. STAFF BRIEFING
None

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. November 2023 Review and Forecasting of City Water Supply Availability.

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

Receive and file.

Staff Report - Pdf
15 - 20

10.2. December 2023 Review and Forecasting of City Water Supply Availability.

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

Receive and file.

Staff Report - Pdf
21 - 26

10.3. Consideration and adoption of a Resolution: (1) Awarding the C19-03 Crane Park Lighting Improvement Project to Musco Sports Lighting LLC in the amount of $297,268.91; (2) Authorizing the City Manager to execute the Construction Contract with Musco Sports Lighting LLC in the amount of $297,268.91; (3) Authorizing the Director of Public Works to approve Change Orders not to exceed 10% of the contract amount; and (4) Determining the project to be exempt from the requirements of the California Environmental Quality Act (CEQA).
27 - 51

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CEQA Determination: Exempt
Prepared By: Mario Traverso, Project Manager
Recommendation:

Approve the Resolution
Staff Report - Pdf
Public Comment.James Decker

10.4. Approval of a Resolution authorizing Amendment No. 6 to the STH Contract: FY2021-077 in the amount of $271,986 with Operational Technical Services for a total amount not-to-exceed of $1,397,186 for temporary Wastewater Treatment Plant operators
CEQA Determination: Not a CEQA project
Prepared By: Lesley Milton, Asst. to the City Manager
Recommendation:

Staff recommends adoption of the attached Resolution.

Staff Report - Pdf
53 - 59

10.5. Adopting a Resolution authorizing a Memorandum of Understanding for Fire Department Regional Grant Applications.

CEQA Determination: Not a CEQA project
Prepared By: Alec Vidler, Administrative Assistant/Fire Inspector Recommendation:

Adopt the attached resolution.

Staff Report - Pdf
61 - 71

10.6. Fiscal Year 2023 Annual Comprehensive Financial Report and Independent Auditor's Report on Internal Control Over Financial Reporting
CEQA Determination: Not a CEQA project
Prepared By: Mandy Kellogg, Administrative Services Director Recommendation:

Staff recommends the City Council receive accept the Comprehensive Annual Financial Report of the City of St. Helena for Fiscal Year Ended June 30, 2023.

Staff Report - Pdf
73 - 82

10.7. Consideration of a resolution authorizing the purchase of equipment related to critical infrastructure rehabilitation at the Wastewater Treatment plant to include the purchase of one 24-inch and one 36-inch "Channel Monster" and rehabilitation of three influent pumps at the Wastewater Treatment Plant for a not-to-exceed cost of $149,053.81.

CEQA Determination: Exempt
Prepared By: Clayton Church, Public Works Operations Manager, Lesley Milton, Asst. to the City Manager
Recommendation:

Staff recommends the adoption of a resolution authorizing the purchase of equipment and rehabilitation pumps for the Wastewater Treatment Plant in the amount of $149,053.81.
83 - 113

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Staff Report - Pdf

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

11.1. Introduction and first reading of an ordinance amending and restating Chapter 12.08 of the St. Helena Municipal Code to clarify maintenance responsibility of sidewalks and driveway approaches fronting private property.

Estimated start time: 7:05 p.m.

CEQA Determination: Not a CEQA project
Prepared By: Eric Janzen, Assistant Public Works Director Recommendation:

Introduce and waive the first reading of the proposed revisions to the ordinance; schedule second reading on 2/13/23.

Staff Report - Pdf
115 - 132

11.2. Introduction and first reading of Ordinance amending Title 13 of the St.

Helena Municipal Code to clarify ownership and maintenance responsibility of sewer laterals serving private property.

CEQA Determination: Not a CEQA project
Prepared By: Eric Janzen, Assistant Public Works Director Recommendation:

Introduce/waive ordinance as noted; schedule second reading for 2/27/23.

Staff Report - Pdf
133 - 144

11.3. Introduction and first reading of Ordinance amending Title 13 of the St.

Helena Municipal Code to clarify ownership and maintenance responsibility of water laterals serving private property.

Estimated start time: 7:20 p.m.

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

Introduce and waive the first reading of the proposed revisions to the ordinance; schedule second reading on 2/14/23.

Staff Report - Pdf
145 - 184

11.4. Consideration and proposed approval of a Resolution approving the annexation of the properties known as 855 Pratt Avenue, St. Helena, CA (APN 009-030-063), into the St. Helena Municipal Sewer District No.1, MSD Annexation No. 147; and 1532 Sulphur Springs Avenue, St.

Helena, CA (APN 009-362-019), into the St. Helena Municipal Sewer District No. 1, MSD Annexation No. 148.

Estimated start time: 6:50 p.m.
185 - 197

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CEQA Determination: Not a CEQA project
Prepared By: Rebecca White, Administrative Assistant
Recommendation:

It is recommended the City Council adopt a Resolution approving the annexation of the territories into the St. Helena Municipal Sewer District No. 1 MSD.

Staff Report - Pdf
Annexation Public Hearing 1.23.24

12. OLD BUSINESS
None

13. NEW BUSINESS
Estimated start time: 7:35 p.m.

13.1. Fiscal Year (FY) 2023-24 2nd Quarter Finance Report and Consideration of a Resolution Approving Mid-Year Budget Adjustments for FY 2023-24.

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

Approve the attached resolution.

Staff Report - Pdf
FY 24 Q2 Mid Year Finance Report 01.23.2024
199 - 253

13.2. Consideration of Process for Appointment to Fill City Council Vacancy Estimated start time: 7:50 p.m.

CEQA Determination: Not a CEQA project
Prepared By: Ethan Walsh, City Attorney
Recommendation:

Establish a process for the appointment of a new City Councilmember to fill the vacancy left by Councilmember Hardy’s resignation.

Staff Report - Pdf
255 - 257

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

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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 23 Jan 2024, 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 23 Jan 2024.

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.

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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.

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MINUTES
City of St. Helena
Regular City Council Meeting
Tuesday, January 9, 2024 @ 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, and Council Member Billy Summers

Absent: Council Member Lester Hardy

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 as presented. 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, and Council Member Billy Summers
NOES: None
ABSENT: Council Member Lester Hardy
ABSTAIN: None
RECUSE: None

5. ADOPTION OF MINUTES

5.1 Consideration and proposed approval of Regular Meeting Minutes of December 14, 2024
Prepared By: Cindy Tzafopoulos, City Clerk
Council Member Anna Chouteau moved to approve Regular Meeting Minutes of December 14, 2023 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 Agenda Item #5.1.

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Regular City Council
January 9, 2024
Chouteau, and Council Member Billy Summers
NOES: None
ABSENT: Council Member Lester Hardy
ABSTAIN: None
RECUSE: None

6. PUBLIC FORUM:

No public comment was received.

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

7.1 City Attorney Ethan Walsh reported that there was no reportable action from the January 9, 2024 special City Council closed session meeting.

Reports were made by staff.

8. PRESENTATIONS AND PUBLIC RECOGNITIONS
None

9. STAFF BRIEFING

9.1 Demonstration of New Citizens Request Portal - St. Helena Grapevine by Lesley Milton, Asst. to the City Manager
Estimated start time: 6:30 p.m.

Assistant to the City Manager Milton made the presentation.

10. 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)

10.1 Consideration and proposed adoption of a Resolution accepting the work and directing the filing of the Notice of Completion for the Pavement Restoration project, Capital Improvement Project R22-79.

CEQA Determination: Exempt
Prepared By: Mario Traverso, Project Manager, Rebecca White, Administrative Assistant
Recommendation:

Agenda Item #5.1.

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Regular City Council
January 9, 2024
Approve the Resolution

10.2 Consideration and proposed adoption of a resolution approving a Professional Services Agreement with Coastland Civil Engineering LLP for the R24-79 Pavement Restoration Project in an amount not-to-exceed $110,226 and authorizing the City Manager to execute the agreement.

CEQA Determination: Exempt
Prepared By: Mario Traverso, Project Manager
Recommendation:

Adopt the attached Resolution.

10.3 Approval of a Resolution ratifying additional expenditures and contracts modifications totaling $575,877.90 related to Resolution 2023-106 Public Emergency for Discolored Water and authorizing use of Water Operations Fund balance for the repairs.

CEQA Determination: Not a CEQA project
Prepared By: Lesley Milton, Asst. to the City Manager
Recommendation:

Approve the Attached Resolution
Vice Mayor Eric Hall moved to adopt consent as presented. 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, and Council Member Billy Summers
NOES: None
ABSENT: Council Member Lester Hardy
ABSTAIN: None
RECUSE: None

11. PUBLIC HEARINGS
None

12. OLD BUSINESS
None

13. NEW BUSINESS
None

14. CITY COUNCIL REPORTS:

Agenda Item #5.1.

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Regular City Council
January 9, 2024

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
Reports were made by the City Council.

15. ADJOURNMENT
Mayor Dohring adjourned the meeting at 6:23 p.m.

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

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1 Cindy Tzafopoulos
From: Ken Stanton <[email protected]>
Sent: Tuesday, January 23, 2024 12:33 PM
To: cityclerk
Cc: Richard Seiferheld
Subject: [External] St Helena walking paths
Follow Up Flag: Follow up
Flag Status: Flagged
To Members of the St. Helena City Council,
I wish to lend my support for the concept of increasing the number and quality of walking paths in our city. Some of you may know me as the author of the first hiking guide to our county, Great Day Hikes in and around Napa Valley. As I began the research for this book, there was some doubt as to whether there were enough public trails to make it worthwhile. Napa county was far behind other Bay Area counties at that time (1995) in recreation opportunities of that kind.

I'm pleased to say that since then things have changed dramatically. With the help of agencies like the county's Open Space District and demand from the public, the third edition of my hiking guide in 2008 included more than 200 additional miles of hiking trails.

And since 2020 there has been an exponential increase in use of hiking and bicycling trails by the local populace. Lake Hennessey is a prime example. The value of experiencing nature while exercising is so well known now there is no need to elaborate on the benefits. I am encouraged that St Helena is giving its support to the Vine Trail and give my endorsement to improving existing paths and opening new, appropriate walking and biking paths within and around the City of St Helena.

Thank You,
Ken Stanton
St Helena/Angwin
Agenda Item #6.1.

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Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: January 23, 2024
FROM: Ian Dale, Environmental Services Tech
SUBJECT: November 2023 Review and Forecasting of City Water Supply Availability.

GOAL: Goal 2: Improve Infrastructure & Further Environmental Sustainability, Goal 3: Pursue Water Security &
Sustainable Management of Water Resources

RECOMMENDED
ACTION:

Receive and file.

PREVIOUS COUNCIL
ACTION:

Monthly Receive and File reports to City Council.

STATEMENT OF THE
PURPOSE:

To provide monthly updates of 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.

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 yearto-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.

DISCUSSION:

In connection with City Council Goals 2 and 3, 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 November 2023. The water produced for November 2023 is up by 65% when compared to November 2022 and is down -33% Agenda Item #10.1.

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compared to the average of November 2018-2020. Below is a chart summarizing the water produced per source:

Water Produced per Source
Source
Average (2018 -
2020)
(Acre-Feet)
November 2022
(Acre-Feet)
November 2023
(Acre-Feet)
Bell Canyon 52.92 44.21 18.59
Stonebridge Wells 32.16 10.13 23.8
Napa Water 49.26 0.86 48.17
Total 134.34 55.2 90.56
 Percent change from November 2022: 65%
 Percent change from average of November 2018 - 2020: -33% Bell Canyon Reservoir
The City is no longer in water emergency conditions based upon the Phase I Water Emergency measures being terminated by City Council adopting Resolution No. 2023- 94 on July 25, 2023. Bell Canyon Reservoir has adequate water to support the City's needs through this calendar year. The storage in Bell Canyon graph (Attachment 2) has been revised to include historic reservoir supply levels since July 2021. It also shows the water availability forecast through June 2024 based on the highest water usage during a non-drought year (FY 2019/20) and 10 inches of rainfall (lowest recorded).

As of November 1, 2023, Bell Canyon Reservoir elevation was at 416.91 feet representing approximately 2,004.8 acre feet (AF) and 84.11% capacity. Bell Canyon spillway level is 422 feet representing 2,383.69 acre feet in water supply volume. Below is a chart comparing Bell Canyon elevation levels, water supply availability in acre feet, and percent capacity of the reservoir on November 1st in 2021, 2022, and 2023.

Year 2021 2022 2023
Bell Canyon Elevation Level 413.54 Ft. 409.04 Ft. 416.88 Ft.

Acre Feet 1,765 AF 1,471 AF 2,002.61 AF
Percent Capacity 74.1% 61.7% 84.01%
As a follow up to the May 24, 2022, City Council meeting, staff developed a graph (Attachment 3) highlighting the relationship between the reservoir elevation level and water supply availability in acre feet. The graph shows the current status of the reservoir. Furthermore, the graph also displays the points where City Council decided to declare Phase I and Phase II Water Emergencies in 2020.

Continued Water Conservation
California experienced two consecutive dry years 2020 and 2021. Due to the combination of warmer-than-average temperatures and minimal precipitation in the state, the Department of Water Resources (DWR) declared 2021 as the fourth-driest Agenda Item #10.1.

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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 on July 25, 2023, the City Council adopted Resolution No. 2023- 94 to formally end the Phase I Water Emergency. The projected demand on the system versus the anticipated rainfall over the next year reflects an available supply in Bell Canyon approximately 1,895 acre-feet, significantly above the 1,481 acre-feet standard for declaration of a Phase I Water Emergency. Staff will monitor State-wide and local drought conditions, weather conditions, and provide updates on a monthly basis. The corresponding staff report provided a variety of data to reflect the disposition of the water supply at that time in relation to the Council-adopted Safe Yield Policy.

City of Napa Water Supply
Normal operations continue at Rutherford Pump Station (RPS) and the City is taking delivery of the allotment purchased from City of Napa. During the month of November 2023, Rutherford Pump Station was producing an average of .52 MG/day for a total of

48.17 acre feet (AF) for the month.

ENVIRONMENTAL REVIEW: Not Applicable.

DOCUMENTS ATTACHMENTS:

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

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CITY OF ST. HELENA

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

LOUIS STRALLA

WATER PLANT
TK #1 & #2
ADJUST

18.59 6.06 -0.14

20.6% -0.5%

29.50 MG MG
n/a MG MG
n/a MG MG

0.98 MG MG
% %
198.69 AF 29.3% 287.45 AF 46.6%

64.72 MG 93.63 MG
256.50 AF 37.8% 191.78 AF 31.1%

83.55 MG 62.47 MG
222.63 AF 32.8% 137.31 AF 22.3%

72.52 MG 44.73 MG
TOTAL WATER PRODUCED 677.82 AF 100.0% 616.54 AF 100.0%

DELIVERY (ALL)

0.01 0.01
416.88 FT. FT.

0.18 FT. FT.
2002.61 AF AF

84.0 % %

2.60 IN IN

3.18 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 60.4 54

REMARKS
City of Napa Water Delivery: RPS producing an average of 0.52 MG/day during November 2023.

THIS MONTH, THIS YEAR THIS MONTH, LAST YR.

DEGREES IN FAHRENHEIT 45-79 43-66

TEMPERATURES
MONTHLY RISE OR DROP -0.53
CAPACITY AT END OF PERIOD 1471.00
PERCENT OF FULL CAPACITY 61.7
RAINFALL IN THIS PERIOD 1.02
TOTAL RAINFALL SEASON TO DATE 2.16
ELEVATION BELL CANYON RESERVOIR 409.04
STONEBRIDGE APARTMENTS MG/Nov. 1 -30 0.00 MG/Nov. 1-30

WATER ELEVATION, CAPACITY & RAINFALL

THIS FISCAL YEAR LAST FISCAL YEAR
NAPA VALLEY COLLEGE MG/Nov. 1 -30 0.00 MG/Nov. 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 0.66
AVERAGE DAILY PRODUCED 2.05

WATER YEAR TOTALS

WATER PRODUCED DELIVERY (AGGREGATE)
TOTAL PRODUCED THIS PERIOD 45.42
MAXIMUM DAILY PRODUCED 3.45

0.02 15.69
PERCENT 26.4% 53.4%
-0.44

November 1-30, 2023

STONEBRIDGE

POTABLE
WELLS
SBW

IRRIGATION
WATER

NAPA WATER

THIS YEAR LAST YEAR
AMOUNT PRODUCED in AF 23.80 0.06 48.17
AMOUNT PRODUCED in MG 7.75
Agenda Item #10.1.

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BellCanyon Water Storage Forecast
Assumes: (1) Highest usage during non—drought year (FY2019/20) (2) 10" of Rainfall (Lowest Recorded)
2500
2383 2383 2383 2380
2356
2250
'
I 2002
2000 1945
L953 °
1750
A 1500
Entered Phase 1 - 1,431 Acre Ft.
1250
Historic Projected
Supply Level (Acre Feet
1000
Entered Phase 2 - 939 Acre Ft.
\ 826
750 \\ 741
V 683
50° 596 Acre Feet*
250
25% reserve for fire
Agenda Item #10.1.

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Agenda Item #10.1.

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Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: January 23, 2024
FROM: Ian Dale, Environmental Services Tech
SUBJECT: December 2023 Review and Forecasting of City Water Supply Availability.

GOAL: Goal 2: Improve Infrastructure & Further Environmental Sustainability, Goal 3: Pursue Water Security &
Sustainable Management of Water Resources

RECOMMENDED
ACTION:

Receive and file.

PREVIOUS COUNCIL
ACTION:

Monthly Receive and File reports to City Council.

STATEMENT OF THE
PURPOSE:

To provide monthly updates of 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.

FINANCIAL IMPACT: None.

BACKGROUND:

DISCUSSION:

In connection with City Council Goals 2 and 3, 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 December 2023. The water produced for December 2023 is up by 21% when compared to December 2022 and is down -3% Agenda Item #10.2.

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compared to the average of December 2018-2020. Below is a chart summarizing the water produced per source:

Water Produced per Source
Source
Average (2018 -
2020)
(Acre-Feet)
December 2022
(Acre-Feet)
December 2023
(Acre-Feet)
Bell Canyon 41 20 10.41
Stonebridge Wells 10 8 34.19
Napa Water 40 45 43.76
Total 92 73 88.36
 Percent change from December 2022: 21%
 Percent change from average of December 2018 - 2020: -3% Bell Canyon Reservoir
The City is no longer in water emergency conditions based upon the Phase I Water Emergency measures being terminated by City Council adopting Resolution No. 2023- 94 on July 25, 2023. Bell Canyon Reservoir has adequate water to support the City's needs through this calendar year. 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 December 1, 2023, Bell Canyon Reservoir elevation was at 416.91 feet representing approximately 2,004.8 acre feet (AF) and 84.11% 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 December 1st in 2021, 2022, and 2023.

Year 2021 2022 2023
Bell Canyon Elevation Level 422.39 Ft. 422.27 Ft. 416.91 Ft.

Acre Feet 2,383 AF 2,383 AF 2,004.8 AF
Percent Capacity 100% 100% 84.11%
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.

Page 22 of 257 ends

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 December 2023, Rutherford Pump Station was producing an average of .45 MG/day for a total of

43.76 acre feet (AF) for the month.

ENVIRONMENTAL REVIEW: Not Applicable.

DOCUMENTS ATTACHMENTS:

Attachment 3 - Bell Canyon Reservoir Storage Phase I II MWR December 1-31 2023
Attachment 2 - Bell Canyon Water Storage Forecast
Agenda Item #10.2.

Page 23 of 257 ends

Bell Canyon Reservoir Stage-Storage Relationship
430
420 Spillway Elevation = 422 feet
410
§ � 400
·- QJ -1--' - ro ro
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QJ ro
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:l � 380 (/') 0 ._ ...Cl � ro
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$ � 370
::::..
360
350
340
0 500 1000 1500 2000
Reservoir Storage (acre-feet)
2500 Agenda Item #10.2.

Page 24 of 257 ends

CITY OF ST. HELENA

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

LOUIS STRALLA

WATER PLANT
TK #1 & #2
ADJUST

10.41 3.39 -0.14

11.8% -0.5%

28.78 MG MG
n/a MG MG
n/a MG MG

0.92 MG MG
% %
209.10 AF 27.3% 307.56 AF 41.8%

68.11 MG 100.18 MG
300.26 AF 39.2% 282.71 AF 38.4%

97.80 MG 92.09 MG
256.82 AF 33.5% 145.94 AF 19.8%

83.65 MG 47.54 MG
TOTAL WATER PRODUCED 766.18 AF 100.0% 736.21 AF 100.0%

DELIVERY (ALL)

0.00 0.01
416.91 FT. FT.

0.02 FT. FT.
2004.80 AF AF

84.1 % %

4.48 IN IN

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

December 1-31, 2023

STONEBRIDGE

POTABLE
WELLS
SBW

IRRIGATION
WATER

NAPA WATER

THIS YEAR LAST YEAR
AMOUNT PRODUCED in AF 34.19 0.02 43.76
AMOUNT PRODUCED in MG 11.14 0.01 14.25
PERCENT 38.9% 49.8%

WATER PRODUCED DELIVERY (AGGREGATE)
TOTAL PRODUCED THIS PERIOD 24.25
MAXIMUM DAILY PRODUCED 1.46
MINIMUM DAILY PRODUCED 0.70
AVERAGE DAILY PRODUCED 1.08

WATER YEAR TOTALS

THIS FISCAL YEAR LAST FISCAL YEAR

LOUIS STRALLA WATER PLANT

NAPA WATER

STONEBRIDGE POTABLE WELLS

SBW IRRIGATION WATER
THIS MONTH THIS MONTH, LAST YR.

ELEVATION BELL CANYON RESERVOIR 422.27
STONEBRIDGE APARTMENTS MG/Dec. 1 -31 0.02 MG/Dec. 1-31

WATER ELEVATION, CAPACITY & RAINFALL

THIS FISCAL YEAR LAST FISCAL YEAR
NAPA VALLEY COLLEGE MG/Dec. 1 -31 0.01 MG/Dec. 1-31

TEMPERATURES
MONTHLY RISE OR DROP 13.23
CAPACITY AT END OF PERIOD 2383.00
PERCENT OF FULL CAPACITY 100.0
RAINFALL IN THIS PERIOD 9.66
TOTAL RAINFALL SEASON TO DATE 11.82
THIS MONTH, THIS YEAR THIS MONTH, LAST YR.

DEGREES IN FAHRENHEIT 32-68 38-64
Updates will be provided if any errors are identified.

AVERAGE 52 51

REMARKS
City of Napa Water Delivery: RPS producing an average of 0.45 MG/day during December 2023.

Agenda Item #10.2.

Page 25 of 257 ends

BellCanyon Water Storage Forecast
Assumes: (1) Highest usage during non—drought year (FY2019/20) (2) 10" of Rainfall (Lowest Recorded)
2500
2383 2383 2380 2383
2,384 2356
2250 ‘\ I 2124
2000
1,963
1750
\l 1,766 \\ 1,767
2066 2002 2004
1,925 7
A 1500 \\ 13:31471
E
g Entered Phase 1 - 1,431 Acre Ft. <E 1250
E
Q_ I I g Hlstorlc F0J€Ct€
1000
Entered Phase 2 - 939 Acre Ft.
\826
750 \\ 741
V 683
50° 596 Acre Feet*
250
25% reserve for fire
0 N N '\x ’\ N ’\ ‘ix ’)/ "L ’)z ’\z ’)x "L ")z ')x '1; '1» ’1« '5 '5 '5 '5 "J '5 “J '6 '5 '5 "b '5 V V V V V V V9’v\>°0% 82,9!»05;‘!$04»0%“go ((59 §’5‘ VQC®'z>*q’ 30°”\‘§/fl’veg»¢_)29/W05:1’ $0“/fl’ 00° xrzfgl’ ((9 W
§y’?><V52‘50*’\\>°W\§q’Vo‘?°q’ (,)<z,Q/W 050’ $04»095’\2>°?/ Q2, fl’
¢7>‘
:1’ VQC®?><q’ \o°Q/ Agenda Item #10.2.

Page 26 of 257 ends

Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: January 23, 2024
FROM: Mario Traverso, Project Manager
SUBJECT: Consideration and adoption of a Resolution: (1) Awarding the C19-03 Crane Park Lighting Improvement Project to
Musco Sports Lighting LLC in the amount of $297,268.91; (2) Authorizing the City Manager to execute the
Construction Contract with Musco Sports Lighting LLC in the amount of $297,268.91; (3) Authorizing the Director of Public Works to approve Change Orders not to exceed
10% of the contract amount; and (4) Determining the
project to be exempt from the requirements of the
California Environmental Quality Act (CEQA).

GOAL: Goal 2: Improve Infrastructure & Further Environmental Sustainability, Goal 5: Enhance Quality of Life, Goal 8:

Implement Capital Improvement Plans (CIP) Projects
Miscellaneous/Other

RECOMMENDED
ACTION:

Approve the Resolution

PREVIOUS COUNCIL
ACTION:

The project was approved by City Council in 2018 with an established budget of $30,000 for design. Currently, the project is listed in the CIP, scheduled for FY2023-24 with an approved budget of $400,000 for construction.

STATEMENT OF THE
PURPOSE:

The purpose of this action is to request for Council to consider a Resolution awarding a construction contract to Musco Sports Lighting LLC for the upgrade of lighting at the tennis courts at Crane Park.

FINANCIAL IMPACT: The financial impact of the awarding the contract in the amount of $297,268.91 is included in the adopted Capital Improvement Program budget utilizing Park Impact Fees.

BACKGROUND:

The current lighting system for the tennis courts at Crane Park was installed in 1994 which was an upgrade to an original lighting system installed 1982. The lighting vendor selected for the 1994 upgrade was Musco Sports Lighting LLC, a national manufacturer and vendor of stadium lighting products. The upgraded system was a packaged product which included the lamp heads, poles, and electrical controller.

DISCUSSION:

Agenda Item #10.3.

Page 27 of 257 ends

The current lighting system for the tennis courts at Crane Park has served the City for 30 years. In 2019 it was determined that the lighting system had reached the end of its serviceable life; a CIP project was created to initiate design efforts to pursue an updated lighting system. The City contracted with an engineering design firm to perform lighting studies and aid in specifying suitable replacements. Due to the existing lighting layout, pole height and infrastructure, ultimately it was determined that an updated Musco lamp head model and electrical controller, designed to be a direct replacement for the existing Musco lamp heads, was the suitable option which will better integrate with the existing lighting system infrastructure.

Musco has prepared a proposal to supply and install 32 replacement lamp heads, controls and switch gear. The proposed replacement lamp heads and electrical controller will provide many improvements and benefits to the City, court users and area residents. The updated LED lamp heads are significantly more energy efficient when compared to the existing metal halide bulbs. The design of the lamp heads will result in reduced glare and light spill as compared to the existing lamp heads. The updated electrical controller will allow for remote access with programable settings and timers.

Additionally, the installation will include additional switching stations which will allow users to utilize the lights from multiple locations.

The legal authority for this action is set forth in the accompanying Resolution. If the Resolution is approved and the contract is awarded, construction activities are expected to commence in March. The installation is expected to take two weeks.

ENVIRONMENTAL REVIEW: None
DOCUMENTS ATTACHMENTS:

Attachment 1 - Resolution
Attachment 2 - Excerpt from CIP
Attachment 3 - Contract Agreement
Agenda Item #10.3.

Page 28 of 257 ends

CITY OF ST. HELENA
RESOLUTION NO. 2024-
(1) Awarding the C19-03 Crane Park Lighting
Improvement Project to Musco Sports Lighting LLC
in the amount of $297,268.91; (2) Authorizing the City
Manager to execute the Construction Contract with
Musco Sports Lighting LLC in the amount of
$297,268.91; (3) Authorizing the Director of Public
Works to approve Change Orders not to exceed 10%
of the contract amount; and (4) Determining the
project to be exempt from the requirements of the
California Environmental Quality Act (CEQA).

RECITALS
A. The Crane Park Lighting Improvements Project was approved by the City Council on June 28, 2023, as identified in the 2023-24 budget and 5-Year Capital Improvement Program; and
B. The existing lighting infrastructure and equipment at the Crane Park Tennis Courts was manufactured and sourced from Musco Sports Lighting LLC in 1994; and C. California case law excuses compliance with competitive bidding requirements in exceptional circumstances such as where requests for competitive bids would be futile, unavailing or would not produce an advantage, including when there is only one party who can complete the work (Los Angeles Dredging Co. v. Long Beach (1930) 210 Cal. 348; Graydon v. Pasadena Redevelopment Agency (1980) 104 Cal.App.3d 631); and
D. City staff has determined that it is necessary to replace the existing lighting infrastructure and equipment at the Crane Park Tennis Courts with an updated Musco lamp head model and electrical controller designed to be a direct replacement for the existing Musco lamp heads (the “Replacement”), in order to match other products in use on a particular public improvement either completed or in the course of completion, as the anticipated cost to replace the existing lighting infrastructure and equipment at the Crane Park Tennis Courts with non-matching products would be substantially more expensive (“Staff Finding 1”); and E. City staff has determined that the cost of installation and such other work as would be a public project within the meaning of Public Contract Code Section 22000 et seq. in connection with the Replacement to be incidental, de minimis, and well within the limits permitting negotiated contracts under Public Contract Code Section 22000 et seq. (currently $60,000) (“Staff Finding 2”) (Staff Finding 1 and Staff Finding 2 are collectively referred to herein as the “Staff Findings”).

Agenda Item #10.3.

Page 29 of 257 ends

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

1. The Staff Findings are hereby adopted by the City Council as its own.

2. The City Council authorizes the City Manager to execute a construction contract, in a form approved by the City Attorney that complies with all applicable law, in the amount of $297,268.91 with Musco Sports Lighting LLC. for the C19-03 Crane Park Lighting Improvements Project for the Replacement; and

3. The City Council authorizes the Director of Public Works to approve change orders not to exceed 10% of the contract account; and

4. The C19-03 Crane Park Lighting Improvements Project for the Replacement is found to be exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301(c) of Title 14 of the California Code of Regulations.

Approved at a Regular Meeting of the St. Helena City Council on January 23, 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 #10.3.

Page 30 of 257 ends

Crane Park Lighting Improvements
Category:

Project 360 Crane Avenue
Civic
Project No: C19-03
Location:

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

PROJECT
TOTAL

EXPENDITURES
(Thousands of Dollars)
2026-27
Total YTD
05/16/23
3160 - Construction Contract 360,000 360,000
3170 - Contingency 40,000 40,000
EXPENDITURE TOTALS 400,000 400,000
FUNDING SOURCES
223-Skate Park Lighting Fund 0
734-Park Impact Fees 400,000 400,000
FUNDING TOTALS 400,000 400,000
PROJECT PURPOSE & DESCRIPTION: Retrofit existing park light fixtures to LED and upgrade electrical equipment.

NOTES: Resolution 2018-167 - Establishing C19-03 with a budget of $30,000 Resolution 2019-57 Revising Scope to include a light study for Tennis Courts Estimated Construction FY 21 for Bocce, Skatepark, volleyball, and pathway lighting only.

FY 23 - Per P&R Commission - put together a break out group to work with Eric J. and Dave J. to look in more details to make a determination if they would like to recommend going forward with the tennis court lighting. Subcommittee - Chris W. and Tye T. - potentially look at grant funding for LED upgrades. Per P&R Commission - keep project on CIP project list at full cost.

FY24 - remaining lights to retrofit: Tennis Courts, Bocce Courts & bollard lighting EXPENDITURE ACCOUNTS:

Fund: 733 Dept: 5010
6 Agenda Item #10.3.

Page 31 of 257 ends

CRANE PARK LIGHTING

IMPROVEMENTS
PROJECT C19-03
C-1

CONTRACT
CITY OF ST. HELENA

STATE OF CALIFORNIA
THIS CONTRACT is made and entered into by and between the City of St. Helena, a California municipal corporation, hereinafter called "City", and ., hereinafter called "Contractor," for the construction of the C r a n e P a r k L i g h t i n g I m p r o v e m e n t s P r o j e c t C19-03 (the “Project”).

RECITALS
City has taken appropriate proceedings to authorize construction of the Project herein provided and execution of this Contract.

A proposal was received for the Project improvement hereinafter described.

On January 23, 2024, after notice duly given, the City Council of the City of St. Helena awarded the Contract for the construction of the Project improvement hereinafter described to Contractor, which the City Council found to be the lowest responsive and responsible bidder for construction of said Project improvement.

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

THE PARTIES HERETO AGREE AS FOLLOWS:

1. Contract Documents
The complete Contract consists of the following documents (hereinafter, the “Contract Documents”):

A. The Proposal
B. This Contract
C. City of St. Helena General Conditions for City of St. Helena Construction Projects September 1997 (as amended)
D. The Bid Bond, Faithful Performance Bond, Labor and Material Bond E. City of St. Helena Standard Specifications and Standard Plans, dated June 1998 F. City of St. Helena Building Permit
G. Approved and fully executed change orders
H. Addenda
All rights and obligations of City and Contractor are fully set forth and described in the Contract Documents.

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

Agenda Item #10.3.

Page 32 of 257 ends

CRANE PARK LIGHTING

IMPROVEMENTS
PROJECT C19-03
C-2

2. Scope of Work
The scope of work is described in the Contract Documents.

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

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

4. Contract Price
City shall pay, and Contractor shall accept, in full payment for the work agreed to be done, the dollar amounts shown on the attached Bid Schedule. Increases or decreases in the quantities shall operate in the manner provided for in the Contract Documents. Payment in installments shall be as provided for in the Contract Documents.

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

6. Liquidated Damages
In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum $150.00 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents

7. Indemnification
Contractor shall provide indemnification and defense as set forth in the Special Provisions.

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

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

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

City of St. Helena
1088 College Avenue
St. Helena, Ca 94574
Attn: Public Works Department
Agenda Item #10.3.

Page 33 of 257 ends

CRANE PARK LIGHTING

IMPROVEMENTS
PROJECT C19-03
C-3
Notices required to be given to Contractor shall be addressed as follows:
. [Click here and insert Contractor]
[Click here and insert address]
[Click here and insert City]
Notices required to be given to Sureties of Contractor shall be addressed as follows:
[Click here and insert Surety Company]
c/o [Click here and insert Surety]
[Click here and insert address]
[Click here and insert City]
DATED this day of , 2024 .

CITY OF ST. HELENA, a Municipal Corporation
Anil Comelo
City Manager
ATTEST:

Cindy Tzafopoulos, City Clerk
APPROVED AS TO FORM:

CONTRACTOR: (Name and form of organization)
Contractor’s License No.

By:
[Click here to insert Name and Title]
By:
[Click here to insert Name and Title]
Ethan Walsh, City Attorney
Project Code: CIP No. C19-03
Agenda Item #10.3.

Page 34 of 257 ends

2016, 2023 Musco Sports Lighting, LLC - 1 - M-2168-enUS-13 Quote
Date: October 9, 2023 Project: Crane Park
Expiration date: November 9, 2023 Saint Helena, CA
To: Mario Traverso Musco Project Number: 201067
Sourcewell
Master Project: 199030, Contract Number: 041123-MSL, Expiration: 06/16/2027 Category: Sports lighting with related supplies and services All purchase orders should note the following:

Sourcewell purchase – contract number: 041123-MSL
Quotation Price – Materials Delivered to Job Site and Installation Lighting
(6) Tennis Courts - .........................................................................................$ 286,980.00 Sales Tax – (Estimated at 8.25%)……………………..…………………………………..…….$ 10,288.91 Total ..............................................................................................................$ 297,268.91 Bonding is not included.

Quote is confidential. Pricing and lead times are effective for 30 days only.

Light-Structure System™ retrofit with Total Light Control – TLC for LED™ technology Guaranteed Lighting Performance
• Guaranteed light levels of 30 footcandles and uniformity of 3:1.

System Description
• (32) Factory aimed and assembled luminaires
• Pole length factory assembled wire harnesses
• Factory wired and tested remote electrical component enclosures • Mounting hardware for poletop luminaire assemblies and electrical components enclosures • Disconnects
• UL listed assemblies

Control Systems and Services
• Player-activated pushbutton control system with strobe to provide timed on/off control • Control-Link® control and monitoring system to provide remote on/off and dimming (high/medium/low) control and performance monitoring with 24/7 customer support
Operation and Warranty Services
• Product assurance and warranty program that covers materials and onsite labor, eliminating 100% of your maintenance costs for 25 years
• Support from Musco’s Lighting Services Team – over 170 Team members dedicated to operating and maintaining your lighting system – plus a network of 1800+ contractors Agenda Item #10.3.

Page 35 of 257 ends

2016, 2023 Musco Sports Lighting, LLC - 2 - M-2168-enUS-13 Quote
Musco Scope
• Provide design and layout for lighting system
• Test and final aim equipment
Installation Services Provided
• Unload fixtures, crossarms, driver enclosures, wire harnesses, and mounting hardware • Removal and disposal of existing driver enclosures, crossarms, and fixtures on (12) existing poles. • Install new driver enclosures, crossarms, LED fixtures, and ball tracker lights on (12) existing poles. • Removal of existing Musco contactor cabinet.
• Installation of new Musco cabinet and termination of existing sports lighting conductors. • Furnish and install (4) new weatherproof push button timer stations for tennis courts (each tennis court will have a single station located near an entrance at one side of each court). • Furnish and install RMC conduit from nearest Musco light pole to each push button timer station. • Furnish and install conductors for new push button timer stations and terminate as necessary. • Removal of construction debris from site.
• All termination of drivers to fixtures as it relates to installation of new sport field lighting. • All lifts to complete work.
• All work to be performed during normal business hours per general conditions with free and clear access to the workspace. No allowance for overtime is included.

Responsibilities of Buyer
• Confirm pole or luminaire locations, supply voltage and phase required for lighting system prior to production • Obtain all county, city, fire department, and utility permits and/or permit fees. • Provide electrical design and materials for electrical distribution system • Provide labor and equipment for installation of electrical distribution system • Buyer is responsible for getting electrical power to the site, coordination with the utility, and any power company fees
• The storage of the material on site is the responsibility of the buyer Payment Terms
Musco’s Credit Department will provide payment terms.

Email or fax a copy of the Purchase Order to Musco Sports Lighting, LLC:

Musco Sports Lighting, LLC
Taylor Knoot
Fax: 800-374-6402
Email: [email protected]
All purchase orders should note the following:

Sourcewell purchase – contract number: 041123-MSL
Agenda Item #10.3.

Page 36 of 257 ends

2016, 2023 Musco Sports Lighting, LLC - 3 - M-2168-enUS-13 Quote
Delivery Timing
8 - 12 weeks for delivery of materials to the job site from the time of order, submittal approval, and confirmation of order details including voltage, phase, and pole/luminaire locations.

Notes
Quote is based on following conditions:
• Shipment of entire project together to one location.
• Assuming 480 volt, 3-phase electrical system, subject to site evaluation or confirmation from electrical engineer • Structural code and wind speed = 2022 CBC, 95 mi/h, Exposure C, Importance Factor 1.0. • Due to the built-in custom light control per luminaire, pole or luminaire locations need to be confirmed prior to production. Changes to pole or luminaire locations after the product is sent to production could result in additional charges.
• Product assurance and warranty program is contingent upon site review and compatibility with Musco’s lighting system.

Thank you for considering Musco for your lighting needs. Please contact me with any questions or if you need additional details.

Jasen Deniz
Senior Sales Representative
Musco Sports Lighting, LLC
100 1st Avenue West – PO Box 808
Oskaloosa, IA 52577, USA
Phone: 530-812-7022
E-mail: [email protected]
Agenda Item #10.3.

Page 37 of 257 ends

ADDENDUM NO. 1
to

PROJECT PLANS AND GENERAL CONDITIONS

FOR CONSTRUCTION OF
C19-03 CRANE PARK LIGHTING IMPROVEMENT PROJECT
IN THE CITY OF ST. HELENA
DATE: January 8, 2024
TO: Musco Sports Lighting LLC
SUBJECT: General Revisions

BID OPENING DATE N/A
This Addendum forms a part of the Contract Documents and modifies the Special Provisions as described below:

QUESTIONS AND ANSWERS
Q: The contract template specifies that Payment and Performance Bonds are required. Additionally, a Maintenance Bond in the amount of 20% of the contract sum is also required and must remain in place for one year from completion and acceptance of the work. Since the Performance Bond also remains in effect for one year after completion, is an additional Maintenance Bond needed? Additionally, the system will come with a 25-year warranty for all parts and labor.

A: Omit the requirements for the additional Maintenance Bond, as the provisions of such are provided by the Performance Bond and the Manufacturer’s Warranty.

Q: No work may be subcontracted unless written consent is first obtained from the City. Musco will have Capitol Valley Electric as a subcontractor.

A: A List of Subcontractors form shall be provided and included in the contract. The inclusion of the completed list constitutes consent upon execution of the contract.

GENERAL CONDTIONS CLARIFICATIONS AND CHANGES

1. Section F-03 – This Project is considered a minor construction project with 2M/4M limits.

2. Section F-08 – Contractor shall supply an insurance declaration/acknowledgement in form as the sample referenced in the contract.

3. Section G-03 – The City acknowledges that a superintendent or foreperson may be employed by an entity other than the Prime Contractor and that there may be no direct Musco representation other than its representation by subcontractors at the job site during the course of construction.

Agenda Item #10.3.

Page 38 of 257 ends

2 of 2
C19-03 Crane Park Lighting Improvements Project
Addendum #1

4. Section G-08 – The Contractor shall coordinate with City if/when locates are needed. The City will be responsible for locating City-owned utilities within the Park. If digging or trenching is needed, the Contractor shall schedule a USA.

5. Section G-12 – The Contractor is required to obtain and pay for all permits. Required permits include a City of St. Helena Business License, and a Building Permit. The Contractor is responsible for fees associated with obtaining a business license. Building Permit fees, other than taxes will be waived.

6. Section G-15 – The use of the parking lot is permissible for storage and laydown needs. The Contractor shall coordinate with the City for specific needs. The Contractor shall coordinate with the City regarding court closure, which may also be used for low impact staging and storage needs.

7. Section G-30 – Trenching is not included in the scope of this project. Section shall be omitted from the General Conditions.

8. Section H-03 – Surveying is not included in the scope of this project. Section shall be omitted from the General Conditions.

9. Section I-06 – Samples are not included in the scope of this project. Section shall be omitted from the General Conditions.

10. Section I-07 –Soil sampling and testing is not included in the scope of this project. Section shall be omitted from the General Conditions.

SPECIAL PROVISIONS CLARIFICATIONS AND CHANGES

12. The Special Provisions amend the Standard Specifications of the State of California Department of Transportation. The Standard Specifications are not applicable to the scope of this project and shall be omitted insofar as a reference in the Contract Documents.

13. Section 5-4.07- A valid C-10 contractor’s license is acceptable.

PLEASE SIGN THIS ADDENDUM IN THE SPACE PROVIDED AND INCLUDE THE SIGNED COPY OF THE ADDENDUM WITH YOUR BID DOCUMENTS. NOTE THAT BID DOCUMENTS SUBMITTED

WITHOUT A SIGNED COPY OF THIS ADDENDUM MAY BE CONSIDERED NON-RESPONSIVE AND MAY BE REJECTED.

By:

Mario Traverso, Project Manager Date
The undersigned has received and read this addendum.

Contractor Signature
Name (printed) Date
Agenda Item #10.3.

Page 39 of 257 ends

CRANE PARK LIGHTING

IMPROVEMENTS
PROJECT C19-03
C-5

FAITHFUL PERFORMANCE BOND
(Construction)
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of St. Helena, (hereinafter referred to as “City”) has awarded to _________________________, (hereinafter referred to as the “Contractor”) an agreement for Contract No._________, (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, ______________________, the undersigned Contractor and ________________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by City in enforcing such obligation.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and Agenda Item #10.3.

Page 40 of 257 ends

CRANE PARK LIGHTING

IMPROVEMENTS
PROJECT C19-03
C-6
make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.

By their signatures hereunder, Surety and Contractor hereby confirm under penalty of perjury that surety is an admitted surety insurer authorized to do business in the State of California. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
Agenda Item #10.3.

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CRANE PARK LIGHTING

IMPROVEMENTS
PROJECT C19-03
C-7
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above)
(Telephone number of Surety ___________________________________________ and Agent or Representative for
service of process in California)
Agenda Item #10.3.

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CRANE PARK LIGHTING

IMPROVEMENTS
PROJECT C19-03
C-8

LABOR AND MATERIALS BOND
(Construction)
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of St. Helena (hereinafter designated as the “City”), by action taken or a resolution passed ___________________ , 20_____, has awarded to ________________________ hereinafter designated as the “Principal,” a contract for the work described as follows: Contract No.____________ (the “Project”); and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.

Agenda Item #10.3.

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CRANE PARK LIGHTING

IMPROVEMENTS
PROJECT C19-03
C-9
By their signatures hereunder, Surety and Principal hereby confirm under penalty of perjury that surety is an admitted surety insurer authorized to do business in the State of California.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
Agenda Item #10.3.

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EXHIBIT A
CERTIFICATION - LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.
[Contractor Name]
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
Agenda Item #10.3.

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EXHIBIT B

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/PublicWorks/PublicWorks.html for additional information.

No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Contractor:

DIR Registration Number:

DIR Registration Expiration:_________________________
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:
• Contractor shall maintain a current DIR registration for the duration of the project. • Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project. • Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Contractor
Signature
Name and Title
Dated
1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.” Agenda Item #10.3.

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EXHIBIT C

FLEET COMPLIANCE CERTIFICATION
Bidder hereby acknowledges that they have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct:
 The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto.  The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto.
 Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids).
 The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4).
 The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.

Name of Bidder:_________________________________________________ Signature: __________________________________________________ Name: __________________________________________________ Title: __________________________________________________ Date: __________________________________________________ Agenda Item #10.3.

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EXHIBIT D

LIST OF SUBCONTRACTORS
Attention is directed to the section titled “Subcontracting” of the Special Provisions. The Contractor shall perform work equaling at least percent ( %)of the value of the original total bid with the Contractor’s own employees and equipment, owned or rented, with or without operators.

As required under Section 4100, et seq., of the Public Contract Code, the Bidder shall list below the name and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the Contractors Total Bid Price or $10,000, whichever is greater, and shall also list the portion of the Work which will be done by such subcontractor. After the opening of Bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words “and/or” will not be permitted. Failure to comply with this requirement will render the Bid as non-responsive and may cause its rejection.

Work to be
performed
Percent
Total of
Contract
Contractors
License
Number
Contractors
DIR
Registration
No.

Subcontractors Name
and Address
Agenda Item #10.3.

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CRANE PARK LIGHTING

IMPROVEMENTS
PROJECT C19-03
C-11
Agenda Item #10.3.

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CRANE PARK LIGHTING

IMPROVEMENTS
PROJECT C19-03
C-12
Agenda Item #10.3.

Page 50 of 257 ends

1 Cindy Tzafopoulos
From: Chip Decker <[email protected]>
Sent: Thursday, January 18, 2024 4:12 PM
To: Public Comment
Subject: [External] City Council Meeting Tues. 23rd
Follow Up Flag: Follow up
Flag Status: Flagged
Hello,
My name is James Decker and I live on 475 Crane Ave here in St. Helena. I wanted to voice my support for the Parks and Recreation Crane Park Lighting project, specially endorsing the option of replacing the existing fixtures with MUSCO LED fixtures. I have done some research on the replacement light fixtures and have been impressed on the results.

This video was helpful in understanding the before and after of the installation of the new MUSCO LED light fixtures.

Thank you,
James Decker
Agenda Item #10.3.

Page 51 of 257 ends

Page 52 of 257 ends

Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: January 23, 2024
FROM: Lesley Milton, Asst. to the City Manager
SUBJECT: Approval of a Resolution authorizing Amendment No. 6 to the STH Contract: FY2021-077 in the amount of $271,986
with Operational Technical Services for a total amount notto-exceed of $1,397,186 for temporary Wastewater Treatment Plant Operators
GOAL: Goal 3: Pursue Water Security & Sustainable Management of Water Resources

RECOMMENDED
ACTION:

Staff recommends adoption of the attached Resolution.

PREVIOUS COUNCIL
ACTION:

Wastewater Treatment Plant - STH Contract FY2021-077
approvals
Date Resolution Contract Number
4/27/2021 2021-51 Initial Contract SH2021-077
1/25/2022 2022-3 Amendment #1
2/22/2022 2022-15 Amendment #2
8/09/2022 2022-74 Amendment #3
4/25/2023 2023-32 Amendment #4
5/23/2023 2023-135 Amendment #5

STATEMENT OF THE
PURPOSE:

Approval of Amendment #6 to STH Contract 2021-077 for
continued Wastewater Treatment Operations Staffing.

FINANCIAL IMPACT: Wastewater Operators
The FY 2023-24 Adopted budget includes budgeted funds in the Wastewater Operations Fund (Fund 571) for this
contracted service. Due to a newly created vacancy and
unanticipated project delays at the wastewater treatment plant, this extension would utilize the remainder of the budgeted funds, and no additional funding is 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 State Water Resources Control Board (SWRCB) Wastewater Treatment Grade 4 Certification or higher for an amount not-to-exceed $100,620.00. At the time the initial agreement with OTS was signed, two of the City's Agenda Item #10.4.

Page 53 of 257 ends

three positions at the Wastewater Treatment Plant (WWTP) were vacant and under recruitment.

Since the execution of the original agreement, the City has continued to face difficulties in filling these positions and has a continued need to utilize OTS services resulting in 5 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
Amendment #5 May 23, 2023 $175,000 $1,125,200
DISCUSSION:

Staffing and recruitment at both the water and wastewater treatment plants remain a challenge. During the first quarter of Fiscal Year 2023-24 staff did successfully hire a water treatment plant Operator-in-Training (OIT). However, we have two active recruitments for: Chief Plant Operator - Wastewater and Chief Plant Operator - Water, both are continuing to trend low for qualified applicants. 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. While the certification requirement for the current CPO is a Grade 2 Treatment Plant Operator, it is anticipated that this requirement will increase to a Grade 3 once the upgrades project has been completed and operational, per State standards.

The City has not been able to fill positions in the Operator series because previously the City’s compensation was lagging the market. This coupled with the geographic location of the City and high cost of living also contributed to the relatively high vacancy rate in the City. There is a paucity of appropriately certified water industry professionals this scarcity has contributed to the City’s difficulty in recruiting candidates. It should be noted that the classification of Chief Plan Operator (CBO) requires the largest number of certifications and therefore there are fewer of such individuals.

Despite significant increase in pay scales, positions in the Operator series have been particularly difficult to fill. The salary range for the Chief Plant Operator position has been increased 3 times since the City Council approved the new MOU in July 2022. It received a COLA and equity adjustment in July 2022, equity adjustment in January 2023, and was brought up to 75th percentile of the survey cities in July 2023, to no avail. As a result, staff is collecting data from existing plan operators that possess required certifications in other jurisdictions and are reviewing their current salary ranges to determine if yet another base salary increase in warranted. Staff will likely bring to Agenda Item #10.4.

Page 54 of 257 ends

City Council a salary range adjustment to make the position more competitive. Staff will also continue to explore potential collaboration including Shared Services with other jurisdictions to address the need for qualified personnel in the City’s Water and Wastewater programs.

Until that is complete, we must maintain compliance with required staffing and this contract extension is a necessary, temporary solution. This item is recommending authorization to execute amendments to STH Contract: FY2021-077 for wastewater treatment operator services (Amendment #6 - Table 2) while the City continues recruitment efforts and position modifications. Should qualified candidates be selected, the total contract value will not be utilized.

Table 0 - 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
Amendment #5 October 10, 2023 $175,000 $1,125,200
Amendment #6 January 23, 2024 $271,986 $1,397,186
ENVIRONMENTAL REVIEW: Not a CEQA Project.

DOCUMENTS ATTACHMENTS:

Draft Resolution
Attachment B Draft Contract Amendment #6
Agenda Item #10.4.

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CITY OF ST. HELENA
RESOLUTION NO.

A Resolution of the City of St. Helena City Council Authorizing:
(1) the City Manager to execute Amendment No. 6 to STH
Contract: FY2021-077 with Operational Technical Services for temporary Wastewater Treatment Operators in the amount of $271,986.00 for a total amount not-to-exceed of 1,397,186.00 as approved in the FY23-24 Wastewater Fund budget;

RECITALS
A. The City currently has three approved positions at the Wastewater Treatment Plant and Water Treatment Plant; and
B. The City currently has one vacant position at the Wastewater Treatment Plant and one vacant Chief Plant Operator position and one vacant operator position at the Water Treatment Plant; and
C. 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 the type of treatment plant; and
D. 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
E. 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 F. 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
G. 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
H. 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
I. On October 10, 2023, City Council approved Amendment No. 5 with OTS in the amount of $175,000, for a total amount not-to-exceed $1,125,200 to STH Contract:

FY2021-077; and
J. While the City is recruiting for permanent Wastewater Treatment Plant operators, the City continues to need assistance in the interim basis with temporary Agenda Item #10.4.

Page 56 of 257 ends

Wastewater Treatment Plant operators until a time when the vacant positions are filled; and
K. The City and consultant desire to amend STH Contract: FY2021-077 with Operational Technical Services for temporary Wastewater Treatment Operators in the amount of $271,986.00 for a total amount not-to-exceed $1,397,186.00; and L. It is estimated both amendments will allow OTS to remain at the plant 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 the City Manager to execute Amendment No. 6 to STH Contract: FY2021- 077 with Operational Technical Services for temporary Wastewater Treatment Operators in the amount of $271,986.00 for a total amount not-to-exceed $1,397,186.00 paid from the budgeted wastewater fund; and
Approved at a Regular Meeting of the St. Helena City Council on January 23, 2024, 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 #10.4.

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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 $271,986.00 FOR A TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $1,397,186.00
This six Amendment to Professional Services Agreement STH Contract: 2021-077 dated April 27, 2021 ("Agreement") is made as of this 23rd day of January 2024 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. 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 the type of treatment plant; and D. 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
E. 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 F. 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 G. 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 H. 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 I. On October 10, 2023, City Council approved Amendment No. 5 with OTS in the amount of $175,000, for a total amount not-to-exceed $1,125,200 to STH Contract: FY2021-077; and J.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 K. The City and consultant desire to amend STH Contract: FY2021-077 with Operational Technical Services for temporary Wastewater Treatment Operators in the amount of $271,986 for a total amount not-to-exceed $1,397,186; and
Agenda Item #10.4.

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L. It is estimated this amendments will allow OTS to remain at the WWTP until the position is 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 $1,397,186…”

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: City Manager
APPROVED AS TO FORM:

Ethan Walsh, City Attorney
David S Sibelman
Chief Executive Officer
Agenda Item #10.4.

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Page 60 of 257 ends

Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Fire
DATE: January 23, 2024
FROM: Alec Vidler, Administrative Assistant/Fire Inspector SUBJECT: Adopting a Resolution authorizing a Memorandum of Understanding for Fire Department Regional Grant
Applications.

GOAL: Goal 1: Strengthen Financial Sustainability, Goal 7:

Enhance Organizational Effectiveness

RECOMMENDED
ACTION:

Adopt the attached resolution.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
PURPOSE:

Adopt a resolution authorizing a Memorandum of
Understanding (MOU) providing for participation in
regional grant programs to increase opportunities for
receiving grant funding through participation of the MOU consisting of the regional Napa County fire agencies.

FINANCIAL IMPACT: There is no financial impact associated with this report.

BACKGROUND:

Fiscal responsibility requires that municipalities find additional means to fund purchases, trainings, equipment and operations. The City of St. Helena must consider different means of qualifying for, and participating in, grant programs. One way we can improve our chances of receiving grant funds is through participation in a Memorandum of Understanding (MOU) consisting of the regional Napa County fire agencies. All Napa County Fire Chiefs consisting of Calistoga, St. Helena, American Canyon, Napa City and Napa County Fire Chiefs reviewed the requirements and guidelines for these types of grants. The conclusion was if all fire departments in a regional area have an adopted MOU then these departments will score higher points in the grant process which intern creates a a higher success rate in the grants approval.

DISCUSSION:

The participating agencies will collaborate on regional grant applications to apply for grants from various governmental agencies. These grant applications typically require an MOU setting forth the terms of the regional agencies' cooperation for purposes of securing and administering regional grants.

Funding received from these regional grants may include, but are not limited to, vehicle acquisitions, training, equipment, wellness and fitness programs, and personal protective equipment.

Agenda Item #10.5.

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Participation in this MOU provides additional methods of applying for and receiving grant funds. Under federal grant application terms, St. Helena Fire Department is limited to one application per year for each type of grant. Operating as a part of the regional MOU, St. Helena Fire Department will be able to continue to apply for individual grants while also applying as a part of the regional grant.

Participating in this MOU with other Napa County fire agencies for federal grant programs is a strategic move that can offer the St. Helena Fire Department numerous advantages. It opens doors to increased funding and improved grant success, ultimately strengthening the department's ability to serve and protect the community.

ENVIRONMENTAL REVIEW:

None.

DOCUMENTS ATTACHMENTS:

Resolution - MOU for FD Regional Grant Applications
MOU - Fire Department Regional Grant Applications FINAL Agenda Item #10.5.

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CITY OF ST. HELENA
RESOLUTION NO. 2024-XX
Resolution of the City Council of the City of St. Helena Authorizing the execution of a Memorandum of
Understanding for regional grant applications from
multiple government agencies
WHEREAS, costs associated with operating a municipal fire department continue to rise; and
WHEREAS, fiscal responsibility and budgetary limitations require the Fire Department to augment funding with grant funds; and
WHEREAS, collaboration with other Napa County fire service agencies can provide additional grant funding opportunities; and
WHEREAS, the fire service agencies in Napa County are committed to improving services to the public through fiscally responsible grant funding opportunities; and WHEREAS, joining other Napa County fire service agencies in this Memorandum of Understanding (MOU) will provide a means for St. Helena Fire Department to benefit from any regional grant funding awarded to the parties of the MOU:

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

SECTION 1. The City Council authorizes the City Manager to sign the Memorandum of Understanding for Regional Grant applications From Multiple Government Agencies.

Approved at a Regular Meeting of the St. Helena City Council on January 23, 2024, by the following vote:

Mayor Paul Dohring: _____
Vice Mayor Eric Hall: _____
Council Member Anna Chouteau: _____
Agenda Item #10.5.

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Council Member Lester Hardy: _____
Council Member Billy Summers: _____
APPROVED: ATTEST:
_____________________ _______________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #10.5.

Page 64 of 257 ends

1 MEMORANDUM OF UNDERSTANDING – REGIONAL GRANT APPLICATIONS City of Napa Agreement No. _______
American Canyon Fire Protection District Agreement No. _______ Napa County Agreement No. _______
City of Calistoga Agreement No. _______
City of St. Helena Agreement No. _______

MEMORANDUM OF UNDERSTANDING FOR REGIONAL GRANT APPLICATIONS

FROM MULTIPLE GOVERNMENT AGENCIES
This Memorandum of Understanding for Regional Grant Applications from Multiple Government Agencies (this “MOU”) by and between the City of Napa, a California charter city ("CITY"), American Canyon Fire Protection District, a California special district (“AMERICAN CANYON”), Napa County, a political subdivision of the State of California (“COUNTY”), City of Calistoga, a California city (“Calistoga”) and City of St. Helena, a California city (“St. Helena”) is effective as of the effective date identified on the signature page. CITY, AMERICAN CANYON, COUNTY, CALISTOGA and ST. HELENA may be identified as “a Party,” or collectively, as “the Parties”. The Parties are public entities organized and operating under the laws of the State of California and each is a public agency as defined in California Government Code section 6500.

RECITALS
A. The CITY, COUNTY, AMERICAN CANYON, CALISTOGA, and ST. HELENA desire to collaborate on regional Grant applications to apply for regional Grants from various governmental agencies. These Grant applications typically require a memorandum of understanding setting forth the terms of the regional agencies’ cooperation for purposes of securing and administering regional Grants. This MOU is solely for the purpose of establishing an administrative structure to apply for and administer multi-agency Grants. If any Grants are awarded, the Parties understand that each Grant will have further specific requirements that will be imposed at that time, subject to review and approval by each Party prior to submission of any Grant application.

B. The Parties, through the Fire Chiefs of the respective fire departments or districts, are committed to regional cooperation and coordination to achieve cost effectiveness, support regional efficiency and resilience, and benefit more than one local jurisdiction directly from the activities implemented with Grant funds if they are Awarded.

C. Regional Grant activities may include but are not limited to, vehicle acquisition, training, equipment, wellness and fitness, and personal protective equipment (“PPE”) activities.

D. None of the Parties is prevented from applying on behalf of its own organization for any activity; however, it cannot be for the same item as a regional Grant and will be subject to the individual Grant requirements.

NOW, THEREFORE, the CITY, COUNTY, AMERICAN CANYON, CALISTOGA, and ST.

HELENA for the considerations hereinafter set forth, mutually agree as follows:

1. DEFINITIONS.

Agenda Item #10.5.

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2 MEMORANDUM OF UNDERSTANDING – REGIONAL GRANT APPLICATIONS (a) Application: The specific set of forms, documents, and attachments that comprise an applicant’s submission to a regional Grant opportunity. (b) Host Agency: Agency to act as host and apply for funding on behalf of itself and any number of other Participating Parties.
(c) Participating Parties: Parties to this MOU seeking a Grant Award directly from an Awarding agency to carry out an activity under a Grant program. (d) Regional Grant: A Grant that is offered by a local, state, or federal agency that, if Awarded, would provide some type of benefit (either monetary or otherwise) to more than one of the Participating Parties.
(e) Grant Agreement: A Grant between an Awarding agency to Participating Parties that sets the terms and conditions of a Grant, including for what it can be used. (f) Award: Financial assistance that provides support or stimulation to accomplish a public purpose.
(g) Cost Sharing or Matching: The portion of project costs not paid by Grant funds.

2. TERM OF THE AGREEMENT AND RIGHT TO TERMINATE. This Agreement takes effect upon the signature of the Parties and shall remain in effect until mutually modified or terminated. The term of this Agreement shall expire on December 31. 2028, except that the obligations of the Parties under paragraph 5 (Mutual Indemnification) shall continue in full force and effect after said expiration date as to the liability for acts and omissions occurring during the term of this Agreement. Any Party may terminate this MOU for convenience (with or without cause) by providing written notice of termination to the other Parties, effective upon the date stated in the notice.

Notwithstanding the foregoing, if the Grant Agreement is terminated for any reason, this MOU as to that Grant shall automatically terminate at the same time.

3. REGIONAL APPLICATION MANAGEMENT.
(a) To apply for a regional Grant, a Host Agency must be identified by the Parties and must agree, if Awarded, to be responsible for all aspects of that Grant. This includes, but is not limited to cost share, accountability for the assets, and all reporting requirements in the regional application. The Host Agency of the regional application is not considered a pass-through entity and may not issue sub-Awards.
(b) Regional Grant Applications may only be submitted on behalf of Parties that have consented in writing to join as a Participating Party, in accordance with each agency’s rules and regulations for applying for Grants. • The Host Agency shall prepare a memo specifying the individual and mutual responsibilities of the Host Agency and Participating Parties, the host’s, and participants’ level of involvement in the project(s), the Participating Parties’ Employer Identification Number, and the proposed distribution of all Grant-funded assets or contracted services. This memo shall be reviewed and signed by each Participating Party’s Fire Chief prior to Grant submission.
(c) Purpose. This MOU establishes the relationship between the Participating Parties for participation in regional Grant programs and Regional Grant Awards in the event of approval of each Application.

Agenda Item #10.5.

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3 MEMORANDUM OF UNDERSTANDING – REGIONAL GRANT APPLICATIONS Collaboration Between the Parties. The Parties agree to the following:
• Determining which Party will serve as the Host Agency to submit a Regional Grant program Application and serve as Grant
administrator for the Participating Parties in the event of award. • Pursuant to the specific Grant program guidelines, all items approved under the Application will be procured and administered through the Host Agency in event of Award.
• The Host Agency will provide accountability for the assets acquired under the Regional Grant Award and provide reporting requirement deliverables. As such, Participating Parties agree to provide the Host Agency with this information on a timely basis to remain in compliance with the requirements of the Grant and the Grant Agreement.
• The Participating Parties agree to accept the regional Grant program Award and accept their respective items as listed in the Grant application in the event of approval, in accordance with each Party’s existing policies and practices.
• Any expenditure beyond the Grant Award for a Party’s approved item(s) remains the sole responsibility of that Party.
• The Participating Parties agree to allow the Host Agency to procure and distribute their respective assets if Awarded under the regional Grant program.
• The Participating Parties agree to participate in cooperative training on all equipment procured under the Regional Grant Award as appropriate. Training will be coordinated through the Host Agency.
• The Participating Parties agree to maintain/repair all items awarded to them under the Application in accordance with the manufacturer’s warranty, and to replace the equipment if it becomes inoperable for a period required after official closeout of the Grant Agreement.
• The Participating Parties agree to promptly provide any additional documentation to the Host Agency as requested, that may be necessary in connection with the Grant.
• Participating Parties agree to promptly return any equipment or deliverables that are received in error to the Host Agency. • Each Participating Party understands that all records created as a result of participating in the Regional Grant program may be subject to the public disclosure pursuant to the Public Records Act and shall be responsible for compliance with any public records request served upon it.
• Each Participating Party shall maintain its own respective records and documents associated with this MOU sufficient to
demonstrate compliance with the terms of this MOU for a period of five years from the termination of this MOU.

4. INVOICING AND PAYMENT. The Participating Parties agree to provide the required monetary match for the total cost of their requested items as detailed in the Regional Grant Application as required under the Regional Grant program guidelines. The required match shall be paid by the Participating Parties upon receipt of an invoice from the Host Agency, in Agenda Item #10.5.

Page 67 of 257 ends

4 MEMORANDUM OF UNDERSTANDING – REGIONAL GRANT APPLICATIONS advance of associated procurement. The cash match will be determined among the Parties and based on percentage of benefit.

In the event of a reduced award, the Participating Parties agree to accept this reduced amount and provide a cash match on the total reduced Award amount of their approved items.

5. MUTUAL INDEMNIFICATION. To the full extent permitted by law, each Party will indemnify, hold harmless, release, and defend the other Parties (including their officers, elected or appointed officials, employees, volunteers, and agents) from and against any and all liability or claims (including actions, demands, damages, injuries, settlements, losses, or costs [including legal costs and attorney's fees) (collectively, “Liability”) of any nature, arising out of, pertaining to, or relating to the indemnifying Party’s acts or omissions under this MOU. The indemnifying party’s indemnification obligations under this MOU are not limited by any limitations of any insurance held by each Party, including, but not limited to, workers’ compensation insurance.

6. NO WAIVER. The waiver by any of the Parties of any breach or violation of any requirement of this MOU shall not be deemed to be a waiver of any such breach in the future, or of the breach of any other requirement of this MOU.

7. NOTICES. All notices required or authorized by this MOU shall be in writing and shall be delivered in person or by deposit in the United States mail, by certified mail, postage prepaid, return receipt requested. Any mailed notice, demand, request, consent, approval, or communication that any Party desires to give to any other Party shall be addressed to the other Party at the address set forth below. Any Party may change its address by notifying the other Parties of the change of address. Any notice sent by mail in the manner prescribed by this paragraph shall be deemed to have been received on the date noted on the return receipt or five days following the date of deposit, whichever is earlier.

AMERICAN CANYON FIRE PROTECTION DISTRICT CITY OF NAPA
Fire Chief Fire Chief
911 Donaldson Way East P.O. Box 660
American Canyon, CA 94503 Napa, CA 94559
CITY OF CALISTOGA CITY OF ST. HELENA
Fire Chief Fire Chief
1113 Washington Street 1088 College Ave
Calistoga, CA 94515 St. Helena, CA 94574

COUNTY OF NAPA
Fire Chief
951 California
Napa, CA 94559

8. COMPLIANCE WITH LAWS. In performing any services required under this MOU the Parties shall observe and comply with all applicable Federal, State, and local laws, ordinances, and codes.

9. AUTHORITY TO CONTRACT. The Parties each warrant hereby that they are legally permitted and otherwise have the authority to enter and perform this MOU.

Agenda Item #10.5.

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5 MEMORANDUM OF UNDERSTANDING – REGIONAL GRANT APPLICATIONS

10. PRIVILEGES AND IMMUNITIES. In accordance with California Government Code section 6513, all of the privileges and immunities from liability, all exemptions from laws, ordinances and rules, and all pension, relief, disability, workmen’s compensation, and other benefits which apply to the activity of the trustees, officers, employees or agents of the Parties when performing their functions within the territorial limits of their respective public agencies, shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties associated with performance of this MOU.

11. THIRD PARTY BENEFICIARIES. Nothing contained in this MOU shall be construed to create any rights in third parties and the Parties do not intend to create such rights.

12. ATTORNEY'S FEES. If any of the Parties commence legal action of any kind or character to either enforce the provisions of this MOU or to obtain damages for breach thereof, the prevailing party in such litigation shall be entitled to all costs and reasonable attorney's fees incurred in connection with such action.

13. ENTIRETY OF CONTRACT. This MOU constitutes the entire agreement between the Parties relating to the subject of this MOU and supersedes all previous MOUs, promises, representations, understandings, and negotiations, whether written or oral, among the Parties with respect to the subject matter hereof.

14. SEVERABILITY. If any term of this MOU (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, this MOU will be construed as not containing that term, and the remainder of this MOU will remain in full force and effect; provided, however, this section will not be applied to the extent that it would result in a frustration of the Parties’ intent under this MOU.

15. COUNTERPARTS. This MOU may be executed in counterparts, each one of which is deemed an original, but all of which together constitute a single instrument. [SIGNATURES ON FOLLOWING PAGE]
Agenda Item #10.5.

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6 MEMORANDUM OF UNDERSTANDING – REGIONAL GRANT APPLICATIONS IN WITNESS WHEREOF, the Parties hereto have executed this MOU to be effective on the Effective Date set forth below.

CITY OF NAPA, a California Charter City:

STEVE POTTER, City Manager
ATTEST:

TIFFANY CARRANZA, City Clerk
Date: ___________________________
(“Effective Date”)
COUNTERSIGNED:

ERIKA LEAHY, City Auditor
APPROVED AS TO FORM:

MICHAEL W. BARRETT, City Attorney
NAPA COUNTY, a political subdivision of the State of California By:

JOELLE GALLAGHER, Chair Board of Supervisors

APPROVED AS TO FORM
Office of County Counsel
By: Shana A. Bagley
Deputy County Counsel
Date: January 9, 2024
[PL No. 102056_5]

APPROVED BY THE NAPA

COUNTY BOARD OF

SUPERVISORS
Date:

Processed By:

Deputy Clerk of the Board
ATTEST: NEHA HOSKINS
Clerk of the Board of Supervisors
By:____________________
Agenda Item #10.5.

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7 MEMORANDUM OF UNDERSTANDING – REGIONAL GRANT APPLICATIONS

AMERICAN CANYON FIRE PROTECTION DISTRICT,
a subsidiary special district of the City of American Canyon By:

LEON GARCIA, Chair, Board of Directors
By:

GEOFF BELYEA, Fire Chief / District Clerk
By: ___________________________________
WILLIAM D. ROSS, District Counsel

CITY OF CALISTOGA
a California city
By:

LAURA SNIDERMAN, City Manager
By:

YUDIANA GALVAN, City Clerk
CITY OF ST. HELENA
a California city
By:

ANIL COMELO, City Manager
By:

CINDY TZAFOPOULOS, City Clerk
Agenda Item #10.5.

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Page 72 of 257 ends

Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Finance
DATE: January 23, 2024
FROM: Mandy Kellogg, Administrative Services Director
SUBJECT: Fiscal Year 2023 Annual Comprehensive Financial Report and Independent Auditor's Report on Internal Control Over Financial Reporting
GOAL: Goal 4: Provide Effective Community Information & Opportunities for Engagement

RECOMMENDED
ACTION:

Staff recommends the City Council receive accept the
Comprehensive Annual Financial Report of the City of St.

Helena for Fiscal Year Ended June 30, 2023.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
PURPOSE:

The purpose is to present the FY 2023 Annual
Comprehensive Financial Report.

FINANCIAL IMPACT: None.

BACKGROUND:

The City of St. Helena has undergone the fiscal year audit and issued its Annual Comprehensive Financial Report for fiscal year ended June 30, 2023. The City publishes an annual report to fully disclose its financial information, as well as to comply with state and federal requirements and bond covenants.

The financial audit and the preparation of the financial statements takes place over several months, beginning just after the end of the fiscal year and continuing through the time the books are closed and the Annual Comprehensive Financial Report is published. Staff coordinates with the auditor to ensure that the work is completed accurately and timely.

The City contracts for an annual independent audit of its financial statements. In January 2020 the City issued an RFP for professional auditing services upon expiration of the existing contract for auditing services. On April 28, 2020, the City signed a threeyear Professional Services Agreement with Brown Armstrong Accountancy Corporation to prepare the City’s annual audited financial statements through FY 2022 with an option to extend the contract for an additional two years.

On June 27, 2023 the City Council approved an extension to the contract for an additional two years.

Agenda Item #10.6.

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The Annual Comprehensive Financial Report will be available on the City of St.

Helena’s website on January 26, 2023 at the following link: Annual Comprehensive Financial Report | City of St Helena.

DISCUSSION:

ANNUAL COMPREHENSIVE FINANCIAL REPORT OVERVIEW
The City of St. Helena’s Annual Comprehensive Financial Report consists of three sections:

1. Introductory Section: provides general information on the government’s structure and the letter of transmittal.

2. Financial Section, which contains the following:
o Independent auditor’s report
o Management discussion and analysis (MD&A) - The MD&A provides a simple narrative introduction, overview, and analysis of the basic financial statements.
o Basic financial statements
o Fund financial statements
o Notes to the financial statements
o Required Supplemental Information
o Optional Supplementary Information

3. Statistical Section: presents detailed information as a context for understanding information in the financial statements, note disclosures, and required supplementary information.

INDEPENDENT AUDITOR’S REPORT ON INTERNAL CONTROL OVER FINANCIAL

REPORTING
In addition to producing the City’s Annual Comprehensive Financial Report, it is the responsibility of the independent auditor to provide to the City of St. Helena a report on internal control over financial reporting and a report on compliance with other matters based on the audited financial statements. The Report on Internal Control and Other Matters identifies deficiencies in internal control that the auditor considers to be either material weaknesses and/or significant deficiencies. Additionally, the auditor performed tests of the City’s compliance with certain provisions of laws, regulations, contracts, and grant agreements.

A deficiency in internal control exists when the design or operation of a control does not allow management or employees in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis.

A material weakness is a deficiency, or combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the City’s financial statements will not be prevented or detected and corrected on a timely basis.

Agenda Item #10.6.

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A significant deficiency is a deficiency, or combination of deficiencies, in internal control less severe than a material weakness, yet important enough to merit attention by those charged with governance.

For the FY 2022-23 audit, the Independent Auditor's Report on Internal Control Over Financial Reporting disclosed one significant deficiency related process and consisted of not reversing a prior year accrual. There were no instances of material weakness or instances of noncompliance.

Overview of Audited Financial Statements
All Funds: City of St. Helena's Net Position
The following chart shows the net position at the end of FY 22/23 compared to FY 21/22.
 The net position at the end of FY 22/23 was $91.0 million. an increase of $2.6 million from FY 21/22.
 Business-type activities, which is water and wastewater, decreased by $2.2 million and governmental activities increased by $4.8 million.

All Funds: Changes in the City of St. Helena's Revenues and Expenses Agenda Item #10.6.

Page 75 of 257 ends

The following chart shows a comparison of all funds of revenues and expenditures from FY 21/22 to FY 22/23.
 Revenues decreased overall by 15.41% to $30.2 million.  Expenses increased overall by 1.35% to $27.5 million.

Governmental Activities: Revenues
The following chart shows a comparison of Governmental Activity revenues from FY 21/22 to FY 22/23.
 Overall revenues decreased by 10.8% to $22.0 million.  The most significant decrease was in Operating Grants & Contributions, which was related to CDBG grant receipts and reimbursements related to the Glass Fire.
 The increase in Property tax is related to timing of payments received in FY23 that were recorded as deferred revenue for FY22.
 Sales Tax and Transient Occupancy Tax revenues decreased slightly as the surge of post-pandemic activity began to taper off.

Agenda Item #10.6.

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Governmental Activities: Expenses
The following chart shows a comparison of Governmental Activity expenses from FY 21/22 to FY 22/23.
 Overall expenses increased by 1.35% to $17.2 million.  The significant increase in Public Works is related to a contribution to Streets Capital Improvement and equipment/vehicle replacements.  The decrease in Public Safety is related to a decline in Strike Team response in FY 22/23 and a large capital purchase related to a new fire truck in FY 21/22.

Agenda Item #10.6.

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Governmental Funds
The following chart shows a comparison of the Governmental Fund balances from FY 21/22 to FY 22/23.
 The General Fund Balance on the left side of the chart and reported on page 17 of the audited financial statements includes Funds 101, 283, 286, 287, 289, and 593. This balance has decreased to $15.7 million as of June 30, 2023.  The General Fund Balance shown in the center of the chart is Fund 101 only.

This balance decreased to $14.7 million as of June 30, 2023.  A new major funds was created this year for the 2022 General Obligation Bonds that were issued in November 2022 in the amount of $5.5 million.  The Non-Major Fund Balance increased 14.5% to $19.4 million as of June 30, 2023.

Agenda Item #10.6.

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General Fund: Budget vs. Actuals
The following chart shows a comparison of the General Fund budgeted revenues and expenses to actual revenues and expenses for FY 22/23.
 General Fund Revenues exceeded budgeted amounts by $0.6 million. Transient Occupancy tax revenues received were higher than anticipated and the City received non-budgeted revenue related to reimbursements associated with emergency response.
 General Fund actual expenditures were less than adopted by $3.6 million. The primary reason for the savings was due to contracts not being expended for projects continuing into the following fiscal year.

Agenda Item #10.6.

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Business-Type Activities: Revenues and Expenses
The following chart shows a comparison of the business-type activities from FY 21/22 to FY 22/23.
 Revenues decreased by 25.7% to $8.2 million. The decrease was attributed to Phase II penalties that were assessed in FY 21/22 but waived in FY 22/23.  Expenses increased by 9.0% to $10.3 million. The increase was primarily due to contracts related to temporary staffing at the Water and Wastewater Treatment Plants and increased utility costs.

Agenda Item #10.6.

Page 80 of 257 ends

Capital Assets
At the end of the fiscal year 2023, the City has a total of $71.8 million invested in a broad range of capital assets. This was an increase of $9.8 million from the prior fiscal year, which is primarily to Construction in Progress for project S-52 Wastewater Treatment Plant Upgrade and R22-79 Pavement Restoration.

Debt
At the end of fiscal year 2023, Governmental Activities had $18.8 million in long-term debt liabilities and Business-type Activities had $22.0 million. The overall debt increased by 115.5% from the prior year. The increase was due to the following:
 An increase in Net Pension liability based on actuarial updates.  New accounting reporting requirements implemented in FY 22/23 that report the value of leases and subscriptions as debt on the financial statements.  Issuance of General Obligation Bonds in November 2022.  Interim Financing for the Wastewater Treatment Plant upgrade.

Agenda Item #10.6.

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ENVIRONMENTAL REVIEW: None.

Agenda Item #10.6.

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Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: January 23, 2024
FROM: Clayton Church, Public Works Operations Manager,
Lesley Milton, Asst. to the City Manager
SUBJECT: Consideration of a resolution authorizing the purchase of equipment related to critical infrastructure rehabilitation at the Wastewater Treatment plant to include the purchase of one 24-inch and one 36-inch "Channel Monster" and
rehabilitation of three influent pumps at the Wastewater Treatment Plant for a not-to-exceed cost of $149,053.81.

GOAL: Goal 3: Pursue Water Security & Sustainable
Management of Water Resources

RECOMMENDED
ACTION:

Staff recommends the adoption of a resolution authorizing the purchase of equipment and rehabilitation pumps for
the Wastewater Treatment Plant in the amount of
$149,053.81.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
PURPOSE:

Authorization to purchase and install two "Channel
Monsters" and rehabilitation of three influent pumps at the Wastewater Treatment Plant for critical infrastructure
operations.

FINANCIAL IMPACT: The fiscal impact is $149,054, of which $60,000 has been included in the adopted budget and $89,054 has been
incorporated in the mid-year budget requests utilizing
Water Operations funds (Fund 561).

BACKGROUND:

The St. Helena Wastewater Treatment Plant (WWTP) is a conventional plant. The influent component of the WWTP is comprised of a 24-inch and 36-inch Channel Monster as well as three influent pumps. Channel Monsters grind solids in the wastewater influent structure and then pump the wastewater to Pond 1A thus starting the conventional treatment process. This grind process is vital to the performance and protection of the influent pump system.

Since the Channel Monsters failed, staff has experienced increased issues with current influent pumps clogging and binding up resulting in the need to assess the damage to the 30+ year old pumps. Additionally, staff and neighbors have reported increased odor at the plant. Since the influent waste is not ground properly, this may have contributed Agenda Item #10.7.

Page 83 of 257 ends

to increase in odor intensity as noted by adjacent property owners, since solids are suspended as opposed to settling to bottom of pond.

DISCUSSION:

As a result of this equipment failure, staff has engaged pump vendors to diagnose and provide quotes for the repairs influent pumps. Current operational plans have been developed (i.e. rental of pumps) to minimize failures and expedite repairs. However, staff cannot guarantee the effectiveness of the wastewater treatment process until the Channel Monsters are replaced and pumps are repaired. The proposed rehabilitation plan includes the repair and replacement of the three influent pumps that are nonoperational (Attachment B), which are critical to the operations of the plant as well as the immediate replacement of the Channel Monsters to prevent further disruptions and damage to WWTP equipment and process and remediate impacts to surrounding properties. The original Channel Monsters were manufactured and put in service in the late 1980's. JWC was the original manufacturer of the channel monsters and provided a recommendation and quote to replace both the 24-inch and 36-inch units (Attachment C).

Additionally, with the onset of Winter the WWTP is expected to experience increased influent flows over 200%. Staff has engaged other vendors for the rental and deployment of a high flow bypass system to aid in minimizing violations, flooding of other vital components at the WWTP, and to have back up operations when the channelizers are being replaced. Staff engaged three vendors for each service to obtain pricing for replacement units and services consistent with City procurement rules and is recommending authorization for the purchase of the channel monsters, and rental of the high flow by-pass pumps.

Requested services, equipment purchases and rentals for the rehabilitations include the following:

Equipment/Services Needed Vendor Cost
Purchase of 2 "Channel Monster"
channelizers JWC $91,855.35
Motor Rehabilitation Pump #1 & #2 Chicago Pump $34,602.62 Motor Rehabilitation Pump #3 Allis Chamber $22,596.46
Total Cost $149,053.81
It should be noted that the replacement/rehabilitation of the Channel Monsters and influent pumps were originally included in the MBR plant upgrade project but were removed for budgetary purposes. Purchase and installation of a new Channel Monster FLEX Grinder and Solids Diverter will optimize the current operations of conventional plant and will optimize the efficiency of new MBR plant when it becomes operational during Summer 2024.

ENVIRONMENTAL REVIEW: This is not a CEQA project.

Agenda Item #10.7.

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DOCUMENTS ATTACHMENTS:

Resolution
Attachment A Purchase Order Channel Monster
Exhibit B PSA Pumpman Pump Repair Services
Agenda Item #10.7.

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CITY OF ST. HELENA
RESOLUTION NO.

AUTHORIZING THE

PURCHASE, RENTAL, AND

SERVICES RELATED TO

CRITICAL INFRASTRUCTURE

EQUIPMENT REHABILITATION

AT THE WASTE WATER

TREATMENT PLANT TO

INCLUDE THE PURCHASE OF
ONE 24-INCH AND ONE 36-

INCH CHANNEL MONSTERS

AND THE REHABILITATION OF

THREE INFLUENT PUMPS AT

THE WASTE WATER

TREATMENT PLANT FOR A

NOT-TO-EXCEED COST OF
$149,053.81.

RECITALS
A. The St. Helena Waste Water Treatment
Plant (WWTP) is a conventional plant.

The influent component of the WWTP is
comprised of a 24" and 36" channel
monster as well as 3 influent pumps.

Channel Monsters grind (digest) solids
in the waster water influent then pump
the digested waste water to Pond 1A
thus starting the conventional treatment
process. This grind/digest process is
vital to the performance and protection
of the influent pump system.

B. Since October, the influent pumps have
failed to operate when activated,
flooding the basin that house the
Channel Monsters on 3 different
occasions. The existing Channel
Monsters are hydraulic driven therefore
when the basin flooded the hydraulic
systems were compromised beyond
repair.

Agenda Item #10.7.

Page 86 of 257 ends

C. Since the Channel Monsters have failed,
staff has experienced increased issues
with current influent pumps clogging,
binding up, and damaging the pumps
requiring repair and/or replacement as
well as an increased odor affecting
surrounding properties.

D. Immediate replacement of the Channel
Monsters is critical to prevent further
disruptions and damage wastewater
treatment plant equipment and process
and remediate impacts to surrounding
properties. Channelizer replacement is
crucial to the life and performance of
influent pump and to the overall
performance of the treatment process
whether conventional or MBR.

E. The Channel Monsters and influent
pumps were originally included in the
MBR plant upgrade but were removed
for budgetary purposes. Purchase and
installation of a new Channel Monster
FLEX Grinder and Solids Diverter will
optimize the current operations of
conventional plant and will optimize the
efficiency of new MBR plant when it
becomes operational during summer
2024, originally scheduled to be online
in January 2024.

F. The original channel monsters were
manufactured and put in service in the
late 1980's.

G. Following the City’s procurement policy,
JWC., who was the original
manufacturer of the channel monsters
has been and quote to replace both the
24" and 36" Channel Monsters

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

Agenda Item #10.7.

Page 87 of 257 ends

1. Authorize the purchase of 2 FLEX
Grinder and Solids Diverter from JWC in
the amount of $91,855.35.

2. Authorize the City Manager to execute a
Professional Services Agreement with
Pumpman to repair and rebuild three
influent pumps for a not-to-exceed
contract amount of $57,199.08.

Approved at a Regular Meeting of the St.

Helena City Council on January 23, 2024, 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 #10.7.

Page 88 of 257 ends

65059.00000\34522213.2
CITY OF ST. HELENA- PURCHASE ORDER (GOODS)
Req. No.

C-121960-
B3W6
Purchase Order No.

Order Date: January 23, 2024
Delivery By: 10-12 weeks
Buyer: City of St. Helena
Phone Number: (707) 967-2872
E-mail: [email protected]
Remit to:

City of St. Helena
VENDOR
JWC Environmental
2600 S. Gamsey Street
Santa Ana, CA 92707
Attn:Jorge Gasca
Ship to:

City of St. Helena
F.O.B. Point:
1 Chaix Ln, St Helena, CA 94574
Attn: Clayton Church
This Purchase Order is subject to the attached terms and conditions.

Order:

Part Price
Part Number Description Qty Unit Price Extended Price
CDD3210-XDS2.0 CDD3210-XDS2.0 CHANNEL MONSTER UPGRAD
11T Cam Cutters
1:1 Stack Hardened Alloy STL
Buna N Elastomers
Cork & Rubber Gaskets
1/2 Perf Drum with Brush Assembly
Vertical Shaft Support with Grease Line
Motor Type: Electric
New 5HP/460V TENV XP IMM Motor, 40ft Sow Cable
New 29:1 Reducer
New Spool
Grinder SN TBD
Paint Epoxy Green
$44,664.93
CMD2410-XDS2.0 CMD2410-XDS2.0 CHANNEL MONSTER

UPGRADE
11T Cam Cutters
1:1 Stack Hardened Alloy STL
Buna N Elastomers
Cork & Rubber Gaskets
1/2 Perf Drum with Brush Assembly
Motor Type: Electric
New 5HP/460V TENV XP IMM Motor, 40ft Sow Cable
New 29:1 Reducer
New Spool
Grinder SN TBD
$34,685.93
Agenda Item #10.7.

Page 89 of 257 ends

65059.00000\34522213.2
CITY OF ST. HELENA- PURCHASE ORDER (GOODS)
Paint Epoxy Green
7 PC2220 PC2220 Motor Controller 1
5HP Motor
460V3PH/60HZ
Siemens PLC
Panel Heater
Elapsed Timer Meter
1 set of Spare Fuses
NEMA 4X Fiberglass Enclosure
$5,503.97
MANUALS O&M MANUALS HARD COPY 2
Include with Equipment
One controller for both channel monsters.
$0.00
Shipping & Handling Included
Subtotal: Sub Total
$84,854.83
Tax; $7,000.52
Total $91,855.35
(adjust with tax)
Agenda Item #10.7.

Page 90 of 257 ends

65059.00000\34522213.2
CITY OF ST. HELENA- PURCHASE ORDER (GOODS)

PURCHASE ORDER TERMS AND CONDITIONS FOR GOODS

1. Acceptance. This purchase order for goods issued by
the City of St. Helena (“City”) to the Vendor designated in the purchase order must be promptly accepted and
acceptance is expressly limited to the terms of this order.

Any additions or different terms in the Vendor's forms are hereby deemed to be material alterations and notice of
objection to them and rejection of them is hereby given.

Vendor's shipment of goods in response to this order shall be considered acceptance by the Vendor.

2. Entire Agreement. Unless Vendor and City have
entered into a separate written contract covering the
purchase of the goods described herein, the entire contract between the parties consists of this order and the Vendor's acceptance as above stipulated, and said contract shall not be changed or added to except in writing signed by
authorized representatives of each party.

3. Price. The price invoiced for the goods on this purchase order shall be no higher than the price stated on the front of this purchase order unless prior notification is received from Vendor prior to shipment and the change is accepted by
City. If the Vendor's established price for any item upon the date of delivery shall be lower than the price shown on this purchase order, City shall have the benefit of such lower price. Vendor shall deliver to City all invoices within 30 days of shipping or service delivery.

4. Payment. Payments will be made net 30 days unless
otherwise specified as per agreements regarding discount terms. The period of computation will commence on the
date of receipt of a correctly completed invoice. Payment may be withheld, in whole or in part, due to deficiencies in Vendor’s performance. Payment of an invoice by City shall be without prejudice to any and all claims City may have against Vendor in connection with such goods. Invoices are paid on a weekly basis and such practice may result in
minor deviations from payment terms otherwise cited herein

5. Time of the Essence. Time is of the essence on this
order. If delivery is not made in the quantity or quantities and at the time or times specified, City shall have the right, at its option, to cancel the entire order or that part of same not so delivered. If City accepts delayed delivery the time of payment shall be extended accordingly.

6. Delivery and Acceptance. Vendor expressly warrants
that any article, material or work is free and clear of all liens and encumbrances whatsoever, and that Vendor has good
and marketable title to same. Unless otherwise specified, all goods are to be shipped prepaid, F.O.B. destination. No charge will be allowed for packing, crating, freight, express or other carrier's charges, or cartage, unless specifically agreed to by City. Title to goods purchased hereunder shall pass to City at the designated F.O.B. point, subject to City’s right to inspect and reject or revoke acceptance.

7. Warranty.
[Modeled after FAR 52.246-17 (Warranty of Supplies of a Noncomplex Nature).]
(a) Definitions. As used in this clauseAcceptance means the act of an authorized representative of the City by which the City assumes for itself, or as an agent of another, ownership of existing supplies, or
approves specific services as partial or complete
performance of the contract.

Supplies means the end items furnished by the Vendor and related services required under this contract.
(b) Vendor’s obligations.
(1) Notwithstanding inspection and acceptance by the City of supplies furnished under this contract, or any condition of this contract concerning the conclusiveness thereof, the Vendor warrants that for 18 months after delivery of the goods to City:
(i) All supplies furnished under this contract will be free from defects in material or workmanship and will conform with all requirements of this contract; and
(ii) The preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of such
supplies will conform with the requirements of this contract. (2) When return, correction, or replacement is required, transportation charges and responsibility for the supplies while in transit shall be borne by the Vendor. However, the Vendor’s liability for the transportation charges shall not exceed an amount equal to the cost of transportation by the usual commercial method of shipment between the place of delivery specified in this contract and the Vendor’s plant, and return.
(3) Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be subject to the terms of this clause to the same extent as supplies initially delivered. The warranty, with respect to supplies or parts thereof, shall be equal in duration to that in paragraph (b)(1) of this clause and shall run from the date of delivery of the corrected or replaced supplies.
(4) All implied warranties of merchantability and "fitness for a particular purpose" are excluded from any obligation
contained in this contract.
(c) Remedies available to the City.
(1) The City shall give written notice to the Vendor of any breach of warranties in paragraph (b)(1) of this clause within 60 days after discovery of the defect.
(2) Within a reasonable time after the notice, the City may either-
(i) Require, by written notice, the prompt correction or replacement of any supplies or parts thereof (including preservation, packaging, packing, and marking) that do not conform with the requirements of this contract within the meaning of paragraph (b)(1) of this clause; or
(ii) Retain such supplies and reduce the contract price by an amount equitable under the circumstances.
(3)
(i) If the contract provides for inspection of supplies by sampling procedures, conformance of supplies or
components subject to warranty action shall be determined by the applicable sampling procedures in the contract. The City-
(A) May, for sampling purposes, group any supplies
delivered under this contract;
(B) Shall require the size of the sample to be that required by sampling procedures specified in the contract for the quantity of supplies on which warranty action is proposed; (C) May project warranty sampling results over supplies in the same shipment or other supplies contained in other
shipments even though all of such supplies are not present at the point of reinspection; provided, that the supplies remaining are reasonably representative of the quantity on which warranty action is proposed; and
(D) Need not use the same lot size as on original inspection or reconstitute the original inspection lots.
(ii) Within a reasonable time after notice of any breach of the warranties specified in paragraph (b)(1) of this clause, the City may exercise one or more of the following options:

Agenda Item #10.7.

Page 91 of 257 ends

65059.00000\34522213.2
CITY OF ST. HELENA- PURCHASE ORDER (GOODS)
(A) Require an equitable adjustment in the contract price for any group of supplies.
(B) Screen the supplies grouped for warranty action under this clause at the Vendor’s expense and return all
nonconforming supplies to the Vendor for correction or
replacement.
(C) Require the Vendor to screen the supplies at locations designated by the City within the contiguous United States and to correct or replace all nonconforming supplies.
(D) Return the supplies grouped for warranty action under this clause to the Vendor (irrespective of the f.o.b. point or the point of acceptance) for screening and correction or replacement.
(4)
(i) The City may, by contract or otherwise, correct or replace the nonconforming supplies with similar supplies from
another source and charge to the Vendor the cost
occasioned to the City thereby if the Vendor –
(A) Fails to make redelivery of the corrected or replaced supplies within the time established for their return; or (B) Fails either to accept return of the nonconforming
supplies or fails to make progress after their return to correct or replace them so as to endanger performance of the delivery schedule, and in either of these circumstances does not cure such failure within a period of 10 days (or such longer period as the City may authorize in writing) after receipt of notice from the City specifying such failure. (ii) Instead of correction or replacement by the City, the City may require an equitable adjustment of the contract price.

In addition, if the Vendor fails to furnish timely disposition instructions, the City may dispose of the nonconforming supplies for the Vendor’s account in a reasonable manner.

The City is entitled to reimbursement from the Vendor, or from the proceeds of such disposal, for the reasonable
expenses of the care and disposition of the nonconforming supplies, as well as for excess costs incurred or to be incurred.
(5) The rights and remedies of the City provided in this clause are in addition to and do not limit any rights afforded to the City by any other clause of this contract or any other warranty City may have in connection with the subject
matter of this contract, including by way of illustration and not by limitation, any warranty furnished by a manufacturer or material supplier.

8. Rejection of Goods. City shall have the right, at its option, to reject or revoke acceptance of any goods which do not conform to these warranties or to the specifications.

In case of such rejection or revocation of acceptance,
transportation of the rejected goods, both to and from City, shall be at the expense of Vendor, said rejected goods are not to be replaced except upon specific instruction from City, and City shall have the right at its option to cancel the remainder, if any, of the order, by notice to Vendor at the time notice is given of rejection or revocation of acceptance.

Vendor shall be liable to City for all damages proximately caused by breach of any of the foregoing warranties,
including incidental damages but excluding special or
consequential damages.

9. Returns. City reserves the right to return for full credit any excess over quantity called for in any order or orders.

Vendor to bear the cost of transportation both ways.

10. Force Majeure. Vendor shall not be held responsible for failure or delay in shipping nor City for failure or delay in accepting goods described herein if such failure or delay is due to act of God, war, federal or state legislation or any regulations or orders, fire, accident, or other causes, either similar or dissimilar to the foregoing, beyond their control. In the event of any such excused interference with shipments, City shall have the option either to reduce the quantity provided for in the order accordingly or to exercise its right of cancellation as set forth in these terms and conditions.

11. Additional Fees. Unless otherwise required by law or provided herein, Vendor assumes exclusive liability for, and shall pay before delinquency, all sales, use, excise and other taxes, charges or contributions of any kind now or hereafter imposed on or with respect to, or measured by the article sold or material or work furnished hereunder on the wages, salaries or other remunerations paid to persons
employed in connection with performance of this order.

12. No Waiver. No exercise by City of its rights hereunder shall constitute a waiver of any rights it may have for breach of contract. City's waiver of or failure to enforce its rights on account of Vendor's failure or delay in performing any
obligation of Vendor hereunder, or on account of Vendor's breach of contract in any respect, shall not constitute a waiver of any subsequent failure, delay or breach.

13. Compliance with Law. Vendor shall comply with all
applicable laws and regulations of the federal, state and local government. City shall assist Vendor, as requested, in obtaining and maintaining all permits required of Vendor by Federal, State and local regulatory agencies. Vendor is responsible for all costs of clean up and/or removal of hazardous and toxic substances spilled as a result of his or her Work. Vendor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq.
(“Prevailing Wage Laws”), which require the payment of
prevailing wage rates and the performance of other
requirements on certain "public works" and "maintenance" projects. If the Work is 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, Vendor agrees to fully
comply with such Prevailing Wage Laws. Vendor shall
defend, indemnify and hold 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. Any stop orders issued by the Department of
Industrial Relations against Vendor or any subcontractor that affect Vendor’s performance of services, including any delay, shall be Vendor’s sole responsibility and Vendor shall indemnify City from liability arising out of the same. It shall be mandatory upon the Vendor and all subcontractors to
comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records
(Labor Code Sections 1771.4 and 1776), hours of labor
(Labor Code Sections 1813 and 1815), contractor
registration (Labor Code Sections 1725.5 and 1771.1) and debarment of contractors and subcontractors (Labor Code Sections 1777.1). The requirement to submit certified
payroll records directly to the Labor Commissioner under Labor Code section 1771.4 and to be registered with the Department of Industrial Relations 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 1771.4, 1725.5 and 1771.1.

14. Insurance. Vendor shall take out and maintain: A.

Commercial General Liability Insurance, of at least
$1,000,000 per occurrence/ $2,000,000 aggregate for
bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01, naming
City as an additional insured; B. Automobile Liability
Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, of at Agenda Item #10.7.

Page 92 of 257 ends

65059.00000\34522213.2
CITY OF ST. HELENA- PURCHASE ORDER (GOODS)
least $1,000,000 per accident for bodily injury and property damage, at least as broad as most recent Insurance
Services Office Form Number CA 00 01 covering
automobile liability, Code 1 (any auto); C. Workers’
Compensation in compliance with applicable statutory
requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence; and D. Pollution Liability
Insurance of at least $1,000,000 per occurrence and
$2,000,000 aggregate shall be provided by those Vendors transporting hazardous materials. Insurance carriers shall be licensed to do business in California and maintain an agent for process within the state. Such insurance carrier shall have not less than an "A:VII" rating according to the latest Best Key Rating unless otherwise approved by City.

VENDOR SHALL ENSURE THAT THIRD PARTY

SHIPPERS CONTRACTED BY VENDOR HAVE
ADEQUATE INSURANCE COVERAGE.

15. Indemnification. The Vendor shall indemnify and hold harmless City, its officials, officers, agents and employees from and against any and all claims, liabilities, expenses or damages, including attorneys’ fees, for injury or death of any person, or damage to property, or interference with use of property, or patent infringement or fees for use of
patented items, or any claim of the Vendor or subcontractors for wages or benefits which arise in connection with the sale, delivery and/or installation of goods, except to the extent caused or resulting from the negligence or willful misconduct of City. The foregoing indemnity includes, but is not limited to, the cost of prosecuting or defending such action with legal counsel acceptable to City and City’s attorneys’ fees incurred in such an action.

16. Substitutions, Changes and Cancellation. No
substitutions are acceptable unless expressly accepted in writing by City. City may make changes in the general
scope of this order by giving written notice to Vendor. If any such change affects the cost of or time to deliver or perform under this order, an adjustment in price, delivery or both will be made as City determines to be equitable. Vendor may
request changes; however no such change shall be
effective unless accepted in writing by City. City may
cancel this order in whole or in part at any time before acceptance of the goods due to Vendor’s breach or for
City’s convenience.

17. Laws, Venue, and Attorneys' Fees. This purchase
order shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this purchase order , the action shall be brought in a state or federal court situated in the County of Napa, State of California. In the event of any such
litigation between the parties, the prevailing party shall be entitled to recover all reasonable costs incurred, including reasonable attorney's fees, as determined by the court.

18. Contract Terms. Nothing herein shall be construed to give any rights or benefits to anyone other than City and the Vendor. The unenforceability, invalidity or illegality of any provision(s) of this purchase order shall not render the other provisions unenforceable, invalid or illegal. Notice may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the parties to the addresses set forth in the purchase order. Vendor shall not assign, sublet, or transfer this purchase order or any rights under or interest in this purchase order without the written consent of City, which may be withheld for any reason.

Vendor is retained as an independent contractor and is not an employee of City. No employee or agent of Vendor
shall become an employee of City. This is an integrated agreement/purchase order representing the entire
understanding of the parties as to those matters contained herein, and supersedes and cancels any prior oral or written understanding or representations with respect to matters covered hereunder. This Contract may not be modified or altered except in writing signed by both parties hereto.

19. Damage to City Facilities. Damage to City or public facilities or private property caused by the Vendor or by its subcontractors during delivery or installation shall be repaired and/or replaced in kind at no cost to the City.

20. Site Safety and Cleanup. The delivery and installation site shall be kept clean and free of hazards at all times during delivery and installation. After installation is completed at the site, as applicable, Vendor shall clean the surrounding area to the condition prior to delivery and installation.

21. Installation. If the Vendor is responsible for providing installation services, finished installation work and/or equipment shall be subject to final inspection and
acceptance or rejection by the City.
*OPTIONAL TERMS: Check box if applicable
Custom Design: If the goods are produced by Vendor
in accordance with designs, drawings or blueprints
provided by City, Vendor shall return same to City
upon completion or cancellation of this order. Any
materials, equipment, tools, artwork, designs or other
property furnished by or specifically paid for by City
shall be City’s property.

Agenda Item #10.7.

Page 93 of 257 ends

Agenda Item #10.7.

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Agenda Item #10.7.

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Agenda Item #10.7.

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Agenda Item #10.7.

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Agenda Item #10.7.

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Agenda Item #10.7.

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Agenda Item #10.7.

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Agenda Item #10.7.

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Agenda Item #10.7.

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Agenda Item #10.7.

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Agenda Item #10.7.

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Agenda Item #10.7.

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Agenda Item #10.7.

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Agenda Item #10.7.

Page 107 of 257 ends

Quote
REMIT TO:

Bartley Pump PM LLC
4000 S. Moorland Ave.

Santa Rosa, CA 95407
T 707-584-9191
F 707-584-9198
www.pumpmannorcal.com
DIR# 1000054366
Customer:

RE:

JOBSITE:

NOTE: This quote is to rebuild the #1 Chicago Pump & Motor we have in our shop.

QUANT ITEM DESCRIPTION TAXABLE TOTAL
0 0 PUMP REPAIRS $ -
1 Each Shim & Gasket Kit $ 640.00
2 Each Lip Seals $ 100.00
3 Feet 3/8" Packing $ 36.00
1 Each Upper Bearing $ 510.00
1 Each Lower Bearing $ 706.00
1 Each Slinger $ 40.00
1 Lot Misc. Hardware and paint $ 400.00
0 0 0 $ -
0 0 MOTOR REPAIRS $ -
1 Each Repair HP:20; RPM (SYN):1200; NEMA FRAME:286T; MFG.:BALDOR; ENCL:OPSB; MODEL:EM2528T; SPEC ID#:40G048W644;
VOLTAGE:230/460;
PHASE:3; RPM (NP):1180; SERIAL #:Z0505050238; AMPS:52/26; HERTZ:60; TYPE:AC; S.F.:1.15; EFF:92.4%; AMB RISE F:40C; CODE:H; DESIGN:B; D.E. BRG:6311; O.D.E. BRG:6309
$ 2,532.26
0 0 0 $ -
0 0 0 $ -
License No. 1033562: Class A General Engineering & C-57 Drilling Contractor C-10 Electrical Contractor & C-55 Water Treatment & C-16 Fire Protection & C61/D21 Pumps and Machines Thursday, January 11, 2024
1 Chaix Ln
St. Helena, CA
City of St. Helena
#1 Chicago Pump & Motor Rebuild
1 Chaix Ln

INSPECTED THE MOTOR ELECTRICALLY, IT FAILED THE TIG TEST INITIALLY BUT HAD SO MUCH GREASE AND OIL IN IT THAT AFTER A WASH AND BAKE IT WOULD PASS. BOTH MOTOR ENDBELLS ARE FINE BUT ONE OF THE INTERNAL LEXAN BAFFLES IS BROKEN SO BOTH NEED TO BE REPLACED.

BEARINGS TO BE REPLACED AS WELL AND ONCE BACK TOGETHER MOTOR TO BE RE-TESTED ELECTRICALLY THEN RUN. ONCE DONE. MOTOR WILL BE PAINTED.

Agenda Item #10.7.

Page 108 of 257 ends

0 0 0 $ -
1 Each New upper bearing $ -
1 Each New lower bearing $ -
2 Each Lexan Baffles $ -
0 0 Test & Meg Windings $ -
0 0 Dissemble $ -
0 0 Clean Motor parts $ -
0 0 Wash & Bake Stator $ -
0 0 Replace motor parts $ -
0 0 Replace bearings $ -
0 0 Assemble $ -
0 0 Final Meg $ -
0 0 Run & record amps $ -
0 0 Prep and paint $ -
0 0 Paint $ -
0 0 0 $ -
Total for materials $ 4,964.26
Sales Tax $ 409.55
Freight $ 800.00

LABOR DESCRIPTION
Labor to disassemble pump in our shop $ 1,520.00
Labor to machine wear surfaces on impeller and inside volute $ 1,520.00 Labor to clean for reassembly $ 475.00
Labor to Dynamically Balance Impellers $ 320.00
Labor to reassemble pump $ 1,140.00
Labor to paint pump $ 760.00
Labor to install pump back in $ 3,500.00
TOTAL $ 15,408.81
Sincerely,
Ron Foster
Field and Operations Manager
Agenda Item #10.7.

Page 109 of 257 ends

Quote
REMIT TO:

Bartley Pump PM LLC
4000 S. Moorland Ave.

Santa Rosa, CA 95407
T 707-584-9191
F 707-584-9198
www.pumpmannorcal.com
DIR# 1000054366
Customer:

RE:

JOBSITE:

NOTE: This quote is to rebuild the #2 Chicago Pump & Motor. This is a budget number for pump #2 as we have yet to see it in our shop.

Page 110 of 257 ends

LABOR DESCRIPTION
Labor to pull pump and bring to our shop $ 3,500.00
Labor to disassemble pump in our shop $ 1,520.00
Labor to machine wear surfaces on impeller and inside volute $ 1,900.00 Labor to clean for reassembly $ 380.00
Labor to Dynamically Balance Impellers $ 320.00
Labor to reassemble pump $ 1,140.00
Labor to paint pump $ 760.00
Labor to install pump back in $ 3,500.00
TOTAL $ 19,193.81
Sincerely,
Ron Foster
Field and Operations Manager
Agenda Item #10.7.

Page 111 of 257 ends

Quote
REMIT TO:

Bartley Pump PM LLC
4000 S. Moorland Ave.

Santa Rosa, CA 95407
T 707-584-9191
F 707-584-9198
www.pumpmannorcal.com
DIR# 1000054366
Customer:

RE:

JOBSITE:

NOTE: This quote is to rebuild the Allis Chalmers Pump & Motor we have in our shop.

QUANT ITEM DESCRIPTION TAXABLE TOTAL
0 0 PUMP REPAIR $ -
1 Each Shim & Gasket Kit $ 640.00
2 Each Lip Seals $ 100.00
3 Feet 3/8" Packing $ 36.00
1 Each Stainless Steel Shaft Sleeve $ 720.00
1 Each Stainless Steel Volute Wear Ring $ 1,492.00
1 Each Stainless Steel Shaft $ 3,240.00
1 Each Upper Bearing $ 510.00
1 Each Lower Bearing $ 706.00
1 Each Slinger $ 40.00
1 Each Impeller bolt and key $ 300.00
1 Lot Misc. Hardware and paint $ 400.00
0 0 0 $ -
0 0 MOTOR REPAIR $ -
1 Each HP:25; RPM (SYN):1200; NEMA FRAME:324T; MFG.:BALDOR; ENCL:OPSB; MODEL:EM2532T; SPEC ID#:42F058W422;
VOLTAGE:230/460;
PHASE:3; RPM (NP):1180; SERIAL #:Z0406250115; AMPS:62/31; HERTZ:60; TYPE:AC; S.F.:1.15; EFF:93.6%; AMB RISE F:40C; CODE:H; DESIGN:B; D.E. BRG:6312; O.D.E. BRG:6311
$ 3,420.12
0 0 0 $ -
0 0 0 $ -
License No. 1033562: Class A General Engineering & C-57 Drilling Contractor C-10 Electrical Contractor & C-55 Water Treatment & C-16 Fire Protection & C61/D21 Pumps and Machines Thursday, January 11, 2024
1 Chaix Ln
St. Helena, CA
City of St. Helena
Allis Chalmers Pump and Motor Rebuild
1 Chaix Ln

INSPECTED THE MOTOR, IT ALSO WAS SUPER GREASY AND FULL OF OIL SO DISASSEMBLED AND WASHED AND BAKED THE STATOR. STATOR TESTED FINE AFTERWARDS. THE DE ENDBELL NEEDS TO BE BORED AND SLEEVED BEFORE RE-ASSEMBLY. ONCE DONE, NEW

BEARINGS TO BE INSTALLED,
MOTOR WILL BE ELECTRICALLY TESTED AND TEST RUN THEN PAINTED.

Agenda Item #10.7.

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1 Each New upper bearing $ -
1 Each New lower bearing $ -
0 0 Bore & Sleeve End Bell $ -
0 0 Test & Meg Windings $ -
0 0 Dissemble $ -
0 0 Clean Motor parts $ -
0 0 Wash & Bake Stator $ -
0 0 Replace motor parts $ -
0 0 Replace bearings $ -
0 0 Assemble $ -
0 0 Final Meg $ -
0 0 Run & record amps $ -
0 0 Prep and paint $ -
0 0 Paint $ -
0 0 0 $ -
Total for materials $ 11,604.12
Sales Tax $ 957.34
Freight $ 800.00

LABOR DESCRIPTION
Labor to disassemble pump in our shop $ 1,520.00
Labor to machine wear surfaces on impeller and inside volute $ 1,520.00 Labor to clean for reassembly $ 475.00
Labor to Dynamically Balance Impellers $ 320.00
Labor to Machine Impeller Bore and Face Impeller Wear Ring $ 190.00 Labor to reassemble pump $ 950.00
Labor to paint pump $ 760.00
Labor to install pump back in $ 3,500.00
TOTAL $ 22,596.46
Sincerely,
Ron Foster
Field and Operations Manager
Agenda Item #10.7.

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Agenda Report to the City Council
Agenda Section: PUBLIC HEARINGS
Department: Public Works
DATE: January 23, 2024
FROM: Eric Janzen, Assistant Public Works Director
SUBJECT: Introduction and first reading of an ordinance amending and restating Chapter 12.08 of the St. Helena Municipal Code to clarify maintenance responsibility of sidewalks and driveway approaches fronting private property.

GOAL: Goal 2: Improve Infrastructure & Further Environmental Sustainability, Goal 7: Enhance Organizational
Effectiveness

RECOMMENDED
ACTION:

Introduce and waive the first reading of the proposed
revisions to the ordinance; schedule second reading on
2/13/23.

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
PURPOSE:

To introduce amendments to Chapter 12.08 of the St.

Helena Municipal Code to clarify maintenance
responsibility of sidewalks and driveway approaches
fronting private property.

FINANCIAL IMPACT: No fiscal impact.

BACKGROUND:

Sidewalk maintenance responsibility is codified at the State level in the CA Streets and Highways Code Sections 5610 through 5661. This State Code places the responsibility for maintaining sidewalks, driveway approaches, curb and gutter with the private property owner whose parcel is fronted by these facilities. The City has adopted and amended this State Code in SHMC Chapter 12.08. Authority to implement the different sections of the current Code is distributed between the City Council, Director of Public Works, City Engineer, and Superintendent of Streets. The City has an established Buildings and Streets Superintendent position; however, the roles and responsibilities of the Superintendent of Streets as defined by the State Code falls in line with the Director of Public Works/City Engineer.

SHMC Chapter 12.08 also identifies certain sidewalk segments on Main Street that are considered the responsibility of the City where street trees are responsible for sidewalk damage and regardless of ownership of the adjoining private parcel. Many of the provisions of this section were superseded or became duplicative after the City Council accepted from Caltrans the sidewalks along Main Street in 2010. This has resulted in confusion among the public and staff as to when property owners are responsible for Agenda Item #11.1.

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maintenance, when the City is responsible, the physical extents of responsibility, and under what circumstances this responsibility changes.

DISCUSSION:

The Public Works Department recommends revising SHMC Chapter 12.08 to clarify maintenance responsibility throughout the City, bring the Chapter into closer conformance with the State Code on which it is based, clarify the responsible parties to implement the Chapter, and provide for a more robust process by which maintenance responsibility can be defined. Public Works staff have prepared the attached exhibits detailing the revisions to Chapter 12.08 that achieve these goals. The City Attorney reviewed the draft version of this ordinance revision, provided language and comments that have been incorporated herein.

What would the proposed revisions accomplish if adopted?  Authority to implement the Chapter would be delegated to the Director of Public Works. The Director would be further empowered to designate a staff representative, when needed, to implement most sections and extend right-ofentry authority to staff when conducting inspections on private property.  A provision will be added to Section 12.08.010 for establishing whether the State Code or the Municipal Code holds priority and hold that the more stringent Code will prevail.
 A new Section 12.08.100 would create a procedure by which Council may direct Staff to assume maintenance responsibility of certain sidewalks where the Council finds a public benefit to do so. Council would also be empowered to rescind public maintenance responsibility should the Council find the public benefit no longer exists, never existed, or was adopted in error. This authority would be implemented via the resolution process similar to the process the Council currently uses to designate parking restrictions on public streets.  The existing provisions of Section 12.08.100 will be memorialized in a separate Resolution. Staff will present to Council this Resolution and the complete list of sidewalk segments currently the responsibility of the City should this revised ordinance advance to a second reading. This Resolution will serve as the initial "City Maintained Sidewalk" list. Council will be able to add or remove sidewalk segments in the future by approving successor Resolutions.  Section 12.08.110 will be revised to clarify a property owner's responsibility to establish the correct line and grade when proposing to construct or re-construct a sidewalk. This section will also be revised to require the property owner to engage the services of a surveyor, licensed in the State of California, at the property owner's sole expense.

ENVIRONMENTAL REVIEW: Not a CEQA project.

DOCUMENTS ATTACHMENTS:

Agenda Item #11.1.

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_ORDINANCE.St. Helena_ Ordinance re Property Owner's Obligation to Maintain Sidewalk
_CURRENT.SHMC Section 12.08.Sidewalk Maintenance Revised TrackChange Revised
Agenda Item #11.1.

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ORDINANCE NO.

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ST.

HELENA AMENDING SECTION 12.08 OF THE ST. HELENA

MUNICIPAL CODE REQUIRING PROPERTY OWNERS TO

MAINTAIN, REPLACE, AND REPAIR SIDEWALK FRONTING

THEIR PROPERTY
WHEREAS, Title 12 (Streets, Sidewalks and Public Spaces) of the City of St.

Helena’s (City) Municipal Code contains regulations relating to sidewalks; and WHEREAS, Chapter 12.08 of Title 12 of the City’s Municipal Code regulates the construction and maintenance of sidewalks; and
WHEREAS, Section 12.08.010(A) of the City’s Municipal Code provides that a property owner is financially responsible for maintaining the sidewalk that fronts their property; and
WHEREAS, the City Council desires to clarify that a property owner has an obligation to perform and pay for any maintenance, repair, and replacement of sidewalk fronting the private residence, business or parcel; and WHEREAS, the City Council wishes to further clarify that a property owner must obtain any encroachment permits necessary to perform any maintenance, repair, or replacement of private water and sewer laterals; and
WHEREAS, the City Council wishes to establish a process by which the City may assume responsibility for the construction, maintenance and repair of certain sidewalk(s) when a public benefit exists.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ST. HELENA, CALIFORNIA DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals: This Ordinance incorporates, and by this reference makes a part hereof, the aforementioned recitals;
SECTION 2. Amendment to Municipal Code Section 12.08.010. Section 12.08.010 of the City’s Municipal Code is hereby amended as follows:
“’ A. California Streets and Highways Code Sections 5610 through 5630, as they now exist or are from time to time hereafter amended, are referred to and are incorporated by reference into this code. Where authority to enforce State code is vested in the superintendent of streets that authority shall be delegated to the Director of Public Works for the City of St. Helena.

B. Notwithstanding California Streets and Highways Code Section 5610 through 5630 and subsection (A) of this section, the owners of lots or portions of lots fronting on Agenda Item #11.1.

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any portion of a public street within the St. Helena city limit shall maintain the sidewalk in such condition that the sidewalk will not endanger persons or property. The sidewalk shall be maintained in a condition which will not interfere with the public convenience in the use of those works.

C. Notwithstanding subsection (B) of this section, maintenance and repair of sidewalks, which includes curb, gutter and storm drainage structures, on Main Street between Sulphur Creek Bridge and Pine Street, shall be the responsibility of the city in every case where damage to the sidewalk is caused by street trees for which the city has responsibility under Section 12.24.070, or by a tree designated as a heritage tree for which the city has responsibility under Section 12.24.120, except for damage as a result of over watering and any other damage not caused solely by the tree(s).

D. In addition to the provisions of this Chapter 12.08 regarding the construction and maintenance of sidewalks, the Director of Public Works may establish procedures and design standards which govern the maintenance of repair of sidewalks throughout the city in order to provide property owners an opportunity to comply with maintenance and repair requirements in a cost effective manner, consistent with the purpose and provisions of this chapter and Title 12 of this code and any other applicable laws and regulations. (Ord. 06-3 (part); prior code § 13.3)
E. Where the provisions of this Chapter and the California Streets and Highways Code Sections 5610 through 5630, as they now exist or are from time to time hereafter amended conflict, the more stringent code shall prevail.

Amendment to Municipal Code Section 12.08.020. Section 12.08.020 is hereby amended as follows:
“A. It shall be the duty of every owner of real estate within the city fronting on a public street to remove and clean away, at his or her own expense, the weeds, grass, brush and debris in the public right-of-way in front of his or her premises from the property line to the center of the street. (Prior code § 13.4) B. It shall be the duty of every owner of real estate within the city fronting a street intersection to remove and clean away, at his or her own expense, the weeds, grass, brush and debris that interfere with or impair the vision of operators of vehicles at street intersections.

C. It shall be the duty of every owner of real estate within the city and fronted by multiple streets accessible by the public to maintain the "visibility triangle" as defined and in accordance with SHMC Chapter 17.32.”
Amendment to Municipal Code Section 12.08.025. Section 12.08.025 is hereby amended as follows:
“A. Any property owner to whom Sections 12.08.010 and 12.08.020 apply shall owe a duty to members of the public to comply with those sections and with all applicable provisions of California Streets and Highways Code Sections 5610 through Agenda Item #11.1.

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5630, as incorporated by reference into this code. If any property or person suffers injury or damage as a result of a property owner’s failure to comply with the requirements of Sections 12.08.010 and 12.08.020, or with other applicable law that requires a property owner to maintain and repair sidewalks, the property owner shall be liable to such person for the resulting injury or damage.

B. Notwithstanding the duty of care established by subsection (A) of this section, if any property or person suffers injury or damage as a result of the city’s failure to repair any sidewalk for which the city has the responsibility to maintain and repair under Section 12.08.010, liability for such resulting injury or damage shall be determined according to law. (Ord. 06-3 (part))”
Amendment to Municipal Code Section 12.08.050. Section 12.08.050 is hereby amended as follows:
“It is unlawful for any person to construct or cause to be constructed in any street in the city any sidewalk, driveway approach, curb or gutter without first obtaining a permit in writing to do so from the Director of Public Works or the director’s designated representative. (Prior code § 13.13)”
Amendment to Municipal Code Section 12.08.060. Section 12.08.060 is hereby amended as follows:
“Any permit granted under the terms of this chapter shall be issued in the format furnished by the city and shall specify the name and address of the applicant, the location of the property in front of which the proposed sidewalk, driveway approach, curb or gutter is to be constructed, the dimensions thereof and shall refer to this chapter for the materials to be used and the method of construction. Such permit shall be posted in a conspicuous place near the work to be done by the permittee to whom the same may be issued. (Prior code § 13.14)”
Amendment to Municipal Code Section 12.08.080. Section 12.08.080 is hereby amended as follows:
“No sidewalk, driveway approach, curb or gutter shall be constructed of any material other than concrete within the urban limit line unless expressly approved by the Director of Public Works. Asphaltic Concrete (AC) may be used for bikeway, multi-use path, sidewalk, curb and gutter outside the urban limit line with the approval of the Director of Public Works. (Prior code § 13.16)”
Amendment to Municipal Code Section 12.08.090. Section 12.08.090 is hereby amended as follows:
“All sidewalks, driveway approaches, curbs or gutters shall be constructed, reconstructed or repaired in every particular in accordance with city the permit issued therefor. All sidewalks, driveway approaches, curbs or gutters constructed, reconstructed or repaired on streets in the city and accessible by the public shall be Agenda Item #11.1.

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constructed in accordance with the standard plans and specifications for concrete sidewalks, driveway approaches, curbs or gutters approved by the Director of Public Works. (Prior code § 13.17)”
Amendment to Municipal Code Section 12.08.100. Section 12.08.100 is hereby amended as follows:
“A. It Is made the duty of the City where public property Is owned by the City infee and fronts on any public street therein to keep the sidewalks that are now or may hereafter be built to established along such frontage in a good state of repair so that they shall not endanger person or property passing thereon or interfere with the public convenience in the use thereof.

B. The City may assume responsibility for maintenance of any sidewalk, curb or gutter within the City limit and within the public right of way by resolution if the City Council finds that there is a public benefit to do so. Resolution shall clearly define the location of the segment of sidewalk, curb or gutter to be City responsibility and the maintenance activities for which the City will be responsible.

C. The City may rescind public responsibility for maintenance of any sidewalk, curb or gutter within the City limit and within the public right of way previously assumed by resolution of the City Council if the City Council finds that the public benefit cited in the aforementioned resolution no longer exists, never existed or was adopted in error.” Amendment to Municipal Code Section 12.08.110. Section 12.08.110 is hereby amended as follows:
“Where the street is unimproved or where the existing curbs are in poor condition or not to official line and grade, owners of property proposing to construct any of the work mentioned in this article must first obtain the correct line and grade at the property owner's sole expense by a surveyor licensed in the State of California. (Prior code §

13.19)”
Amendment to Municipal Code Section 12.08.120. Section 12.08.120 is hereby amended as follows:
“All work provided by this chapter shall be done under the supervision and direction and to the satisfaction of the Director of Public Works or the or the director’s designated representative, and inspection shall be requested by the permittee when the forms are in place, and no concrete shall be poured until such forms are inspected and approved. (Prior code § 13.20)”
Amendment to Municipal Code Section 12.08.140. Section 12.08.140 is hereby amended as follows:
“The City Council shall have the right at any time, upon order duly made and given, to require payment of a fee for any permit issued under this chapter. All fees, fines and Agenda Item #11.1.

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-5-
penalties applied under this chapter shall be published in the master user fee schedule as adopted by the city council. (Prior code § 13.22)”
Amendment to Municipal Code Section 12.08.150. Section 12.08.150 is hereby amended as follows:
“When any portion of any improved street, avenue, lane, alley, court or place in the city, or any sidewalk constructed thereon shall be out of repair, or needing reconstruction, and in condition to endanger persons or property passing thereon, or in condition to interfere with the public convenience in the use thereof, and the Director of Public Works or the director’s designated representative has required the owners or occupants of lots or portions of lots fronting on such portion of such street, avenue, alley, lane, court or place, or such portion of such sidewalks so out of repair or needing reconstruction as aforesaid, to repair or reconstruct, or to do both, forthwith, the portion of the street, avenue, lane, alley, court, or place, to the center line of the street in front of the property of which he or she is the owner or tenant, or occupant, by serving written notice in the manner and form prescribed by Sections 5611-5614 of the Streets and Highways Code, as the same has or may hereafter be amended, and the owner or occupant fails or neglects to commence the repair or reconstruction in the manner and form required by the notice within the time period specified in the notice after the service of the same, or to diligently or without interruption prosecute the work to completion, the owner or occupant of such lot or property so failing or neglecting to do such things or any of them, after the service of the notice in the manner and form above described, shall forfeit to the city the sum of fifty dollars ($50.00), which may be recovered by the city in a civil action brought in any court of competent jurisdiction, and shall also be guilty of a misdemeanor. (Prior code § 13.42)” Amendment to Municipal Code Section 12.08.170. Section 12.08.170 is hereby amended as follows:
“It is made the duty of the Director of Public Works to enforce the provisions of Sections

12.08.160 through 12.08.180. In all cases where there are railroad tracks laid in any street so graded and paved with an asphalt wearing surface on a concrete or other base material and any portion of the street between and under the tracks and for the distance of two feet on each side thereof has not been graded and paved, in accordance with the provisions of said sections or where such pavement or the foundation thereof has become defective or out of repair, the Director of Public Works shall cause a written notice to be served upon the person owning or maintaining the railroad tracks, in which notice he or she shall specify generally the nature and kind of the work required, and shall direct the person to perform the same and it shall thereafter be the duty of any such person to commence the work within ten (10) days after the service of the notice, and to prosecute the same diligently and without the intermission until the same be completed, under the inspection and to the satisfaction of the superintendent of streets and to furnish and use thereon all appliances and workmen that may be required therefor and designated by the superintendent of streets. When any such pavement is hereafter required to be repaired under the provisions of said Agenda Item #11.1.

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sections, it must be repaired in accordance with the provisions of Section 12.08.160 for the original construction of the pavement. (Prior code § 13.44)” Amendment to Municipal Code Section 12.08.170. Section 12.08.170 is hereby amended as follows:
“Should any person fail to grade or pave any such street as required by Sections

12.08.160 through 12.08.180 or to comply with any notice that the director of public works may cause to be served upon such person under the provisions of said sections or to comply with any direction that he or she may lawfully give as to the manner of doing the work during the course thereof, or to repair any defective pavement or foundation now or hereafter laid on any of the streets between or under the tracks or for a distance of two feet on each side thereof, in accordance with the requirements of said sections for the original construction of the work, or to repair any defective pavement under or between the tracks, or for a distance of two feet on each side thereof on any street, after written notice from the director of public works so to do; such person so failing therein shall be guilty of an infraction for each and every day that such person shall fail therein after receiving notice from director of public works, so to do. Nothing in Sections 12.08.160 through 12.08.180 contained shall be construed to relieve any such person from liability for any damage that may accrue by reason of his or her nonperformance of the work or to abate or modify any other remedy that the city may have to enforce the performance of the same or to forfeit the franchise of any such person. (Prior code § 13.45)”
SECTION 3. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.

SECTION 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days after its adoption, and a summary of this ordinance shall be published once with the names of the members of the Council voting for and against the ordinance in the St. Helena Star, a newspaper of general circulation published in the City of St. Helena.

Agenda Item #11.1.

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THE FOREGOING ORDINANCE was introduced at a regular meeting of the St. Helena City Council on the day of , 2024, and was adopted at a regular meeting of the St. Helena City Council on the day of , 2024, by the following vote:

Mayor Dohring: _____
Vice Mayor Hall: _____
Councilmember Chouteau: _____
Councilmember Hardy: _____
Councilmember Summers: _____
APPROVED:
_______________________________
Paul Jamison Dohring, Mayor
ATTEST:

CITY OF ST. HELENA
___________________________________
Cindy Tzafopoulos, City Clerk
I, CINDY TZAFOPOULOS, CITY CLERK of the City of St. Helena, California, do hereby certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 2024. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of , 2024, by the following vote:

Mayor Dohring: _____
Vice Mayor Hall: _____
Councilmember Chouteau: _____
Councilmember Hardy: _____
Councilmember Summers: _____
Agenda Item #11.1.

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PROPOSED REVISIONS TO SHMC CHAPTER 12.08 – CONSTRUCTION AND MAINTENANCE (OF SIDEWALKS)

12.08.010 Duty of property owners to repair sidewalks.

A. It is made the duty of every property owner within the city whose property fronts on any public street therein to keep the sidewalks that are now or may hereafter be built or established along such frontage in a good state of repair so that they shall not endanger persons or property passing thereon or interfere with the public convenience in the use thereof.

A. California Streets and Highways Code Sections 5610 through 5630, as they now exist or are from time to time hereafter amended, are referred to and are incorporated by reference into this code. Where authority to enforce State code is vested in the superintendent of streets that authority shall be delegated to the Director of Public Works for the City of St. Helena.

B. Notwithstanding subsection (A) of this section, maintenance and repair of sidewalks, which includes curb, gutter and storm drainage structures, on Main Street between Sulphur Creek and Pine Street, shall be the responsibility of the city in every case where damage to the sidewalk is caused by street trees for which the city has responsibility under Section 12.24.070, or by a tree designated as a heritage tree for which the city has responsibility under Section 12.24.120, except for damage as a result of over watering and any other damage not caused solely by the tree(s).

B. Notwithstanding California Streets and Highways Code Section 5610 through 566130 and subsection (A) of this section, the owners of lots or portions of lots fronting on any portion of a public street within the St. Helena city limit shall maintain the sidewalk in such condition that the sidewalk will not endanger persons or property. The sidewalk shall be maintained in a condition which will not interfere with the public convenience in the use of those works.

C. In addition to the provisions of this Chapter 12.08 regarding the construction and maintenance of sidewalks, the director of public works may establish procedures which govern the maintenance of repair of sidewalks throughout the city in order to provide property owners an opportunity to comply with maintenance and repair requirements in a cost effective manner, consistent with the purpose and provisions of this chapter and Title 12 of this code and any other applicable laws and regulations. (Ord. 06-3 (part); prior code § 13.3)]
C. Notwithstanding subsection (B) of this section, maintenance and repair of sidewalks, which includes curb, gutter and storm drainage structures, on Main Street between Sulphur Creek Bridge and Pine Street, shall be the responsibility of the city in every case where damage to the sidewalk is caused by street trees for which the city has responsibility under Section 12.24.070, or by a tree designated as a heritage tree for which the city has responsibility under Section 12.24.120, except for damage as a result of over watering and any other damage not caused solely by the tree(s).

Agenda Item #11.1.

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12.08.020 Duty of property owners to clean public right-of-way in front of premises.

A. It shall be the duty of every owner of real estate within the city fronting on a public street to remove and clean away, at his or her own expense, the weeds, grass, brush and debris in the public right-of-way in front of his or her premises from the property line to the center of the street. (Prior code § 13.4) B. It shall be the duty of every owner of real estate within the city fronting a street intersection to remove and clean away, at his or her own expense, the weeds, grass, brush and debris that interfere with or impair the vision of operators of vehicles at street intersections. Because of the special circumstances related to the historic district as set forth in the recitals to this chapter, the specific locations of newsracks in the historic district shall be as set forth in subsection (C) of section 12.20.050.

B. It shall be the duty of every owner of real estate within the city fronting a street intersection to remove and clean away, at his or her own expense, the weeds, grass, brush and debris that interfere with or impair the vision of operators of vehicles at street intersections. Because of the special circumstances related to the historic district as set forth in the recitals to this chapter, the specific locations of newsracks in the historic district shall be as set forth in subsection (C) of section 12.20.050 C. It shall be the duty of every owner of real estate within the city and fronted by multiple streets accessible by the public to maintain the "visibility triangle" as defined and in accordance with SHMC Section 17.04.160.

Agenda Item #11.1.

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12.08.025 Liability for injuries to the public.

A. Any property owner to whom Sections 12.08.010 and 12.08.020 apply shall owe a duty to members of the public to comply with those sections and with all applicable provisions of California Streets and Highways Code Sections 5610 through 5661 5630, as incorporated by reference into this code. If any property or person suffers injury or damage as a result of a property owner’s failure to comply with the requirements of Sections 12.08.010 and 12.08.020, or with other applicable law that requires a property owner to maintain and repair sidewalks, the property owner shall be liable to such person for the resulting injury or damage.

12.08.030 Enforcement of property owners’ duty to repair.

All provisions of California Streets and Highways Code Sections 5610 through 5661, as they now exist or are from time to time hereafter amended, are referred to and are incorporated by reference into this code. (Prior code § 13.5)

12.08.040 Water drains emptying into streets. (No change) All water drains constructed or maintained for the purpose of discharging water into the public streets shall be so constructed that the waters will not be discharged upon or over any sidewalk or permitted to flow over or across the same, but shall be conducted beneath the sidewalk and discharged into the gutter of the street beneath the curb line thereof. Except as specifically authorized by the director of public works, such drains may be only for the purpose of conducting water from the exteriors of buildings and other improvements and may not drain water or any other materials from within the buildings and other improvements. The director of public works may authorize a special water drain connection for the purpose of disposing of uncontaminated water from an overflow, ground water sump, condenser, or other source. In authorizing a special water drain connection, the director of public works will consider the quality and quantity of water to be drained into the street and possible impacts on the public. All water drains not in compliance with the provisions of this section shall be reconstructed so far as may be necessary to comply with the provisions of this section. (Prior code §

13.6)

12.08.050 Permit required.

It is unlawful for any person to construct or cause to be constructed in any street in the city any sidewalk, driveway approach, curb or gutter without first obtaining a permit in writing to do so from the city council or from such officer of the city as the city council may from time to time authorize or Agenda Item #11.1.

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delegate the authority to issue such permit Director of Public Works or the director’s designated representative. (Prior code § 13.13)

12.08.060 Application for permit—Posting of permit.

Any permit granted under the terms of this chapter shall be issued upon blank forms in the format furnished by the city and shall specify the name and address of the applicant, the location of the property in front of which the proposed sidewalk, driveway approach, curb or gutter is to be constructed, the dimensions thereof and shall refer to this chapter for the materials to be used and the method of construction. Such permit shall be posted in a conspicuous place near the work to be done by the permittee to whom the same may be issued. (Prior code § 13.14)

12.08.070 Permit need not be issued. (No change)
Nothing in this chapter shall be deemed or construed to compel the city council or its duly authorized officer to issue a permit on any application that may be made therefor and as provided in this chapter if, in the judgment of the council or its duly authorized officer, the proposed work is against the best public interests, welfare or convenience. (Prior code § 13.15)

12.08.080 Concrete to be used—Exception.

No sidewalk, driveway approach, curb or gutter shall be constructed of any material other than concrete unless the city council expressly authorizes the same within the urban limit line unless expressly approved by the Director of Public Works. Asphaltic Concreteement (AC) may be used for bikeway, multi-use path, sidewalk, curb and gutter outside the urban limit line with the approval of the Director of Public Works. (Prior code § 13.16)

12.08.090 Plans and specifications.

All sidewalks, driveway approaches, curbs or gutters must be constructed in every particular in accordance with the permit issued therefor, and all sidewalks, driveway approaches, curbs or gutters constructed on streets in the city, with the exception of Main Street, which is a state highway route, shall be constructed in accordance with the standard plans and specifications for concrete sidewalks, driveway approaches, curbs or gutters in the city on file in the office of the city clerk, as the same now read or as they may hereafter be changed or amended by resolution of the council, reference to which plans and specifications is hereby made for further particulars. (Prior code § 13.17) All sidewalks, driveway approaches, curbs or gutters shall be constructed, reconstructed or repaired in every particular in accordance with city the permit issued therefor. All sidewalks, driveway approaches, curbs or gutters constructed, reconstructed or repaired on streets in the city and accessible by the public shall be constructed in accordance with the standard plans and specifications for concrete Agenda Item #11.1.

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sidewalks, driveway approaches, curbs or gutters in the city approved by the Director of Public Works. (Prior code § 13.17)

12.08.100 Construction standards on Main Street. Duty of City to RepairMaintenance of Certain Sidewalks.

All sidewalks, driveway approaches, curbs or gutters constructed on Main Street in the city, so long as the street is a state highway route, must be constructed in every particular and in accordance with the permit issued therefor and all sidewalk approaches on Main Street shall be constructed in accordance with the regulations for sidewalk approaches and standard driveways to serve property fronting on state highways outside the limits of incorporated cities, promulgated by the Division of Highways, Department of Public Works of the state of California, under date of July, 1975, where the same may be applicable to such state highway route within the city limits of the city. (Prior code § 13.18) A. It Is made the duty of the City where public property Is owned by the City in-fee and fronts on any public street therein to keep the sidewalks that are now or may hereafter be built to established along such frontage in a good state of repair so that they shall not endanger person or property passing thereon or interfere with the public convenience in the use thereof.

D. Notwithstanding Subsections 12.08.100(A), (B) or (C), responsibility for liability for injuries to the public shall be defined as described in Section 12.08.010 and California Streets and Highways Code Sections 5610 through 5630, as they now exist or are from time to time hereafter amended.

12.08.110 Obtaining correct line and grade.

Where the street is unimproved or where the existing curbs are in poor condition or not to official line and grade, owners of property proposing to construct any of the work mentioned in this article must first obtain the correct line and grade from the city engineer. For this service, the city engineer shall charge one dollar ($1.00), which shall be paid in advance. at the property owner's sole expense by a surveyor licensed in the State of California. (Prior code § 13.19) Agenda Item #11.1.

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12.08.120 Inspection, supervision and approval of work.

All work provided by this chapter shall be done under the supervision and direction and to the satisfaction of the superintendent of streets Director of Public Works or the city council or such other officer as it may designate or the director’s designated representative, and notice shall be given by the permittee and inspection shall be requested by the permittee when the forms are in place, and no concrete shall be poured until such forms are inspected and approved. (Prior code § 13.20)

12.08.130 Responsibility for injuries—Protection of work (No Change) The one to whom any permit is provided by this chapter is granted shall thereby become and be responsible for the proper execution of the work, and for all personal injuries or damages to third persons arising from the doing of any of the work specified in such permit, and the permittee shall see that necessary barriers, “Street Closed” signs, lights and watch-men, or any thereof, as may be necessary to prevent accidents to the public and to protect work are provided. (Prior code § 13.21)

12.08.140 Permit fees.

The city council shall have the right at any time, upon order duly made and given, to require payment of a fee for any permit issued under this chapter. (Prior code § 13.22) The Director of Public Works or the director’s designated representativeCity Council shall have the right at any time, upon order duly made and given, to require payment of a fee for any permit issued under this chapter. All fees, fines and penalties applied under this chapter shall be published in the master user fee schedule as adopted by the city council. (Prior code § 13.22)

12.08.150 Repair requirements—Generally.

When any portion of any improved street, avenue, lane, alley, court or place in the city, or any sidewalk constructed thereon shall be out of repair, or needing reconstruction, and in condition to endanger persons or property passing thereon, or in condition to interfere with the public convenience in the use thereof, and the superintendent of streets Director of Public Works or the director’s designated representative has required the owners or occupants of lots or portions of lots fronting on such portion of such street, avenue, alley, lane, court or place, or such portion of such sidewalks so out of repair or needing reconstruction as aforesaid, to repair or reconstruct, or to do both, forthwith, the portion of the street, avenue, lane, alley, court, or place, to the center line of the street in front of the property of which he or she is the owner or tenant, or occupant, by serving written notice in the manner and form prescribed by Sections 31 of the Statutes of the state generally known as the “Improvement Act of 1911" being Chapter 397 of the Statutes of 1911 (Sections 5000 to 67945611-5614 of the Streets and Highways Code Annotated of the state), as the same has or may hereafter be amended, and the owner or occupant fails or neglects to commence the repair or reconstruction in the manner and form required by the notice within three days the time period specified in the notice after the service of the same, or to diligently or without interruption prosecute the work to completion, the owner or occupant of such Agenda Item #11.1.

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lot or property so failing or neglecting to do such things or any of them, after the service of the notice in the manner and form above described, shall forfeit to the city the sum of fifty dollars ($50.00), monetary sum of fees, fines, penalties, staff time and materials cost to complete the work and which may be recovered by the city in a civil action brought in any court of competent jurisdiction, and shall also be guilty of a misdemeanor. (Prior code § 13.42)

12.08.160 Grading and paving along railroad tracks generally. (No Change) The city council being of the opinion and having in its judgment decided that the method of construction herein provided is necessary, does specify that when any street in the city has or hereafter shall be graded and paved with an asphalt wearing surface, on a concrete or other base, and there are railroad tracks laid in the street, the portions of the street between and under the tracks and for a distance of two feet on each side thereof, shall be graded and paved in the same manner and with the same materials as the rest of the street is graded and paved, subject to the following modifications adjudged by the city council to be necessary for the preservation of the pavement:

The tracks shall be laid flush with the official grade of the street, the rails to be secured to the ties on tie plates three-fourths of an inch in thickness and the ties to be spaced at thirty (30) inches apart center to center, except at joints where one tie will be placed under the end of each rail. Pockets under the rails between ties will be dug out and the entire width of the roadbed brought to the form shown on the plans hereinafter referred to, and the pockets and the space above the level of the base of the tie plates shall be filled with concrete thoroughly tamped and worked into such pockets and brought up solidly under the base of the rails and elsewhere brought to a true finish one and one-half inches below the official grade of the street and parallel thereto.

Paving bricks of good quality and suitable shape shall be set alongside the heads of “T” rails as shown on such plans; these to be set on sand cushions as shown therein. Where grooved rails are used, the pavement surface shall be finished with asphaltic paving mixture only.

After the paving bricks are set in place the space occupied by the toothing shall be filled with concrete. The joints between the tracks and the rails shall be filled with asphaltic cement.

Upon the base thus formed shall be laid an asphaltic wearing surface one and one-half inches in thickness and to the official line and grade of the street. It shall be laid and constructed in like manner as the wearing surface on adjacent portions of the street on each side of the railroad.

The plan and specifications for the paving, prepared by C. H. Wallace, former town engineer, and filed in the office of the city clerk are adopted for a further description of the method of doing the work and by special reference thereto are made a part of this section; provided, that when any of the work is done under contract awarded by any of the officials of the city, the superintendent therein referred to shall be the street superintendent and when any of the work is done by private contract executed by any person or corporation owning any of the railroad tracks within the city, the superintendent of streets shall not have charge of the work, although he or she shall have the right to inspect the same as therein provided and to require that it shall be done in accordance with the regulations herein adopted. Any work not so done will not be accepted by the city. (Prior code § 13.43)

12.08.170 Grading and paving along railroad tracks—Enforcement by superintendent of streets Director of Public Works.

Agenda Item #11.1.

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It is made the duty of the superintendent of streets Director of Public Works to enforce the provisions of Sections 12.08.160 through 12.08.180. In all cases where there are railroad tracks laid in any street so graded and paved with an asphalt wearing surface on a concrete or other basis base material and any portion of the street between and under the tracks and for the distance of two feet on each side thereof has not been graded and paved, in accordance with the provisions of said sections or where such pavement or the foundation thereof has become defective or out of repair, the superintendent of streets Director of Public Works shall cause a written notice to be served upon the person owning or maintaining the railroad tracks, in which notice he or she shall specify generally the nature and kind of the work required, and shall direct the person to perform the same and it shall thereafter be the duty of any such person to commence the work within ten (10) days after the service of the notice, and to prosecute the same diligently and without the intermission until the same be completed, under the inspection and to the satisfaction of the superintendent of streets and to furnish and use thereon all appliances and workmen that may be required therefor and designated by the superintendent of streets. When any such pavement is hereafter required to be repaired under the provisions of said sections, it must be repaired in accordance with the provisions of Section 12.08.160 for the original construction of the pavement. (Prior code § 13.44)

12.08.180 Failure to comply.

Should any person fail to grade or pave any such street as required by Sections 12.08.160 through

12.08.180 or to comply with any notice that the superintendent of streets director of public works may cause to be served upon such person under the provisions of said sections or to comply with any direction that he or she may lawfully give as to the manner of doing the work during the course thereof, or to repair any defective pavement or foundation now or hereafter laid on any of the streets between or under the tracks or for a distance of two feet on each side thereof, in accordance with the requirements of said sections for the original construction of the work, or to repair any defective pavement under or between the tracks, or for a distance of two feet on each side thereof on any street, after written notice from the superintendent of streets director of public works so to do; such person so failing therein shall be guilty of an infraction forfeit to the city the sum of twenty-five dollars ($25.00) a day for each and every day that such person shall fail therein, pay to the City all fees, fines and penalties applied under this chapter after receiving notice from superintendent of streets director of public works, so to do, which forfeiture may be recovered in a civil action in any court of competent jurisdiction, and it shall be the duty of the superintendent of streets director of public works to prosecute the action thereof in the name of the city, and at its expense. Nothing in Sections 12.08.160 through 12.08.180 contained shall be construed to relieve any such person from liability for any damage that may accrue by reason of his or her nonperformance of the work or to abate or modify any other remedy that the city may have to enforce the performance of the same or to forfeit the franchise of any such person. All fees, fines and penalties applied under this chapter shall be published in the master user fee schedule as adopted by the city council. (Prior code § 13.45)
Agenda Item #11.1.

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Agenda Report to the City Council
Agenda Section: PUBLIC HEARINGS
Department: Public Works
DATE: January 23, 2024
FROM: Eric Janzen, Assistant Public Works Director
SUBJECT: Introduction and first reading of Ordinance amending Title 13 of the St. Helena Municipal Code to clarify ownership and maintenance responsibility of sewer laterals serving private property.

GOAL: Goal 2: Improve Infrastructure & Further Environmental Sustainability

RECOMMENDED
ACTION:

Introduce/waive ordinance as noted; schedule second
reading for 2/27/23.

PREVIOUS COUNCIL
ACTION:

STATEMENT OF THE
PURPOSE:

To introduce revisions to Title 13 of the St. Helena
Municipal Code to clarify ownership and maintenance
responsibility of sewer laterals serving private property.

FINANCIAL IMPACT: None
BACKGROUND:

On November 22, 2022, the Council received a report by the Director of Public Works discussing limitations in the St. Helena Municipal Code as it pertains to the ownership and maintenance responsibilities of sewer laterals serving private properties. It was the consensus of the City Council to approve Option 2: the City to maintain only the sewer main and fitting connecting a private lateral. Council directed Public Works and the City Attorney to develop revisions to Title 13 and present to Council for introduction and first reading.

DISCUSSION:

The Public Works Department wishes to revise SHMC Title 13 to clarify the definitions of private and public sewers and add consistent language for each across the Title. The proposed revisions would also support a proposed new Section 13.20.75 which would clearly describe a property owner's obligation to maintain, repair and replace the sewer lateral serving their property. The proposed new section 13.20.75 would also clearly define the physical limits of private sewer ownership and maintenance responsibilities as it pertains to public right-of-way. The City Attorney reviewed the draft version of this ordinance revision, provided language and comments that have been incorporated herein.

Agenda Item #11.2.

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What would the proposed revisions accomplish if adopted?  Ownership of a sewer lateral serving private property will be clearly defined as "private" from the home or business up to the sewer main.  Maintenance, repair and eventual replacement of a private lateral will be the sole responsibility of the property owner regardless if the lateral traverses private or public land.
 The fitting connecting the lateral to the main and the sewer main itself would be clearly defined as "public" and maintenance of the fitting would be the responsibility of the City.

ENVIRONMENTAL REVIEW: Not a CEQA Project
DOCUMENTS ATTACHMENTS:

ORDINANCE.St. Helena_ Ordinance re Property Owner's Obligation to Maintain Sewer Laterals
EXISTING.SHMC Title 13.Sewer System and Wastewater Edits TrackChange Agenda Item #11.2.

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ORDINANCE NO.

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ST.

HELENA AMENDING CHAPTER 13.20, 13.24 AND ADDING NEW
SECTION 13.20.075 TO TITLE 13 OF THE ST. HELENA

MUNICIPAL CODE REQUIRING PROPERTY OWNERS TO

MAINTAIN, REPLACE, AND REPAIR PRIVATE SEWER

LATERALS
WHEREAS, Title 13 (Public Services) of the City of St. Helena’s (City) Municipal Code contains regulations relating to sewer service systems; and WHEREAS, Chapter 13.20 of Title 13 of the City’s Municipal Code regulates the use of sewer, sewer service connections, and connecting private plumbing to public sewer mains; and
WHEREAS, Section 13.20.10 of the City’s Municipal Code provides definitions of private and public sewer infrastructure and that a property owner is financially responsible for the plumbing from their property to the public sewer main, but is inconsistent regarding a property owner’s obligation to maintain, repair, and replace private sewer laterals when constructed in the public right of way; and WHEREAS, Section 13.24.20 of the City’s Municipal Code provides additional definitions of “building sewer” and “community sewer” but is silent on how these definitions correlate with private and public sewer ownership and maintenance obligations; and
WHEREAS, the City Council desires to clarify that a property owner has an obligation to perform and pay for any maintenance, repair, and replacement of sewer laterals from the private residence, business or parcel up to but excluding the connecting fitting at the sewer main; and
WHEREAS, the City Council wishes to further clarify that a property owner must obtain any encroachment permits necessary to perform any maintenance, repair, or replacement of private water and sewer laterals;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ST. HELENA, CALIFORNIA DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals: This Ordinance incorporates, and by this reference makes a part hereof, the aforementioned recitals;
SECTION 2. Amendment to Municipal Code Section 13.20.010. Section 13.20.010 of the City’s Municipal Code is hereby amended to add the following definitions, which shall be added to Section 13.04.010 in alphabetical order:

Agenda Item #11.2.

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"Private sewage disposal system" means a septic tank with the effluent discharging into a subsurface disposal field or such other facilities as may be permitted under Napa County Code Chapters 13.20 through 13.56.
"Private sewer" or "Lateral" means a sewer, whether constructed on public or private property, serves a single private parcel, residence and/or business and conveys sewage to a public sewer, on-site sewage disposal system, private sewage disposal system, or other privately owned point of disposal.
"Public sewage disposal system" means a public sewer system owned, controlled and/or maintained by the City which collects sewage from public or private sewers and conveys it to the St. Helena wastewater treatment plant. “Public sewer” means a common sewer solely owned, and/or controlled by the City and is located in public right of way or is located within a public utilities easement to which the City is a party.
"Shared Private sewer" means a sewer, whether constructed on public or private property, serves multiple private parcels, residences and/or businesses, traverses more than one parcel prior to entering the public sewer or is located in an utilities easement to which the City is not a party.

SECTION 3 Amendment to Municipal Code Section 13.24.020. Section 13.24.020 of the City’s Municipal Code is hereby amended to add the following definitions, which shall be added to Section 13.20.020 in alphabetical order:
“Building sewer” means a sewer conveying wastewater from a private parcel, residence and/or business to a public sewer.
“Community sewer” means the same as “public sewer”.
“Public sewer” means a common sewer solely owned, and/or controlled by the City and is located in public right of way or is located within a public utilities easement to which the City is a party.

SECTION 4 New Municipal Code Section 13.20.075. Section 13.20.075 is hereby added to the City’s Municipal Code as follows:
“8.20.075 Property Owner’s Obligation to Maintain, Repair and Replace Private Sewer Laterals
A. Each property owner shall, at the property owner's expense, inspect, maintain in good working order, repair and replace, as necessary, the private sewer lateral, including any portions that may lie within the public right of way, so that it does not cause or contribute to any sewer overflow from either the private sewer lateral or the public sewer service system.

The private sewer lateral shall be free of displaced joints, open joints, root intrusion, substantial deterioration of the line, cracks, leaks, inflow, Agenda Item #11.2.

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-3-
infiltration of extraneous water, fats, oils and grease, sediment deposits or any other similar conditions, defects or obstructions likely to cause or contribute to blockage of the sewer lateral or the public sewer service system.

B. Private sewer laterals not part of public sewer service system. The private sewer laterals are the property of the property owner and are not part of the public sewer service system. Nothing in this chapter shall be interpreted as changing the private nature of the private sewer laterals or incorporating them into the public sewer service system.

C. Each property owner is responsible for obtaining encroachment permits necessary to maintain, repair, or replace any portion of their private sewer lateral within the public right of way.

D. Each property owner shall maintain, repair, and replace their private sewer lateral up to but excluding the connection fitting installed in the public sewer. Replacement of a private sewer constructed on public property shall comply with the standards set forth in the St. Helena standard sewer construction details and specifications.”
SECTION 5. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

SECTION 6. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.

SECTION 7. Effective Date. This ordinance shall take effect and be in force thirty (30) days after its adoption, and a summary of this ordinance shall be published once with the names of the members of the Council voting for and against the ordinance in the St. Helena Star, a newspaper of general circulation published in the City of St. Helena.

Agenda Item #11.2.

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-4-
THE FOREGOING ORDINANCE was introduced at a regular meeting of the St. Helena City Council on the day of , 2024, and was adopted at a regular meeting of the St. Helena City Council on the day of , 2024, by the following vote:

Mayor Dohring: _____
Vice Mayor Hall: _____
Councilmember Chouteau: _____
Councilmember Hardy: _____
Councilmember Summers: _____
Agenda Item #11.2.

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PROPOSED REVISIONS TO SHMC CHAPTERS 13.20 – SEWER SERVICE SYSTEM AND 13.24 –

WASTEWATER DISCHARGE
NOTE: Sewer lateral ownership and maintenance responsibility is distributed among multiple definitions in Chapters 13.20 and 13.24. Terminology is inconsistent across the current chapters. The proposed revisions clarify the definitions of private and public sewers. This is needed to lend context and consistency to the proposed new section 13.20.75 which will formally define the limits of sewer ownership and maintenance responsibility.

Amend as follows SHMC Section 13.20.010 Definitions
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
“Car wash” means a business whose principal activity involves motor vehicle washing, including automatic and self-service washing.
“Garage and repair shop facilities” means any garage/repair facility that performs minor or major repairs on automobiles, recreational vehicles, motorcycles, and/or boats. These establishments may be combined with automotive dealers or gasoline service stations. Gasoline stations and gasoline stations combined with other activities, such as convenience stores, are considered general commercial unless there is on-site food preparation; then it is classified as mixed retail with food. “General commercial and office” means all businesses, offices, and similar users not otherwise included in another user category.
“Grocery” means all businesses whose principal activity involves retail sale of groceries and which have on-site preparation of fresh fruits and vegetables; fresh and prepared meats, fish, and/or poultry; baked goods; and similar items.
“Hotel/motel with food” means a full service facility having rooms, restaurant(s), and/or a bar serving food attached to the same water meter. Also included in this category are bed and breakfasts serving food prepared on site, and any visitor-serving structure, which contains facilities for cooking and eating.
“Hotel/motel without food” means all living units of a transient nature, including hotel and motel rental room units, which do not contain any kitchen facilities, and bed and breakfast units that only serve continental breakfasts where baked goods and similar items are prepared off site. Excluded from this category are full service hotels.
“Laundromat/laundry” means all self-service clothes washing establishments or an establishment which is primarily engaged in supplying residences and/or businesses with laundered shirts, pants, household linens, and similar items on an over-the-counter basis. This does not include commercial or industrial laundries. Dry cleaners without on-site cleaning facilities are general commercial. “Mixed retail with food” means all establishments where more than one retail business is attached to a water meter and the primary water use on that meter is from a business or businesses as defined in the restaurant category.

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“Nonresidential properties” means, for the purposes of the wastewater service system and wastewater rates, all properties in which the primary purpose is not residential. Hotels and motels are considered nonresidential.
"Private sewage disposal system" means a septic tank with the effluent discharging into a subsurface disposal field or such other facilities as may be permitted under Napa County Code Chapters 13.20 through 13.56.
"Private sewer" or "Lateral" means a sewer, whether constructed on public or private property, serves a single private parcel, residence and/or business and conveys sewage to a public sewer, on-site sewage disposal system, private sewage disposal system, or other privately owned point of disposal.
"Public sewage disposal system" means a public sewer system owned, controlled and/or maintained by the City which collects sewage from public or private sewers and conveys it to the St. Helena wastewater treatment plant.
“Public sewer” means a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.
“Public sewer” means a common sewer solely owned, and/or controlled by the City and is located in public right of way or is located within a public utilities easement to which the City is a party. “Religious place/community center” means establishments of religious organizations operated for worship, religious training or study. Other establishments maintained by religious organizations, such as educational institutions, hospitals, social services, and secondhand stores are classified according to their primary activity.
“Residential” refers to all living or dwelling units (as defined by the Uniform Building Code) of a permanent, rather than a transient nature, including but not limited to single-family residences, apartments, mobile homes, manufactured homes, duplexes, townhouses, apartment buildings and condominiums. A dwelling unit shall be defined as any structure containing sleeping, eating, cooking, and sanitation facilities.
“Restaurant” means all establishments whose principal activity involves on-premises preparation of meals and food, including fast food restaurants, coffee shops, cafes, juice bars, delicatessens, and bakeries. Excluded from this category are establishments serving food prepared off site (general commercial category), bars without on-site food preparation (general commercial category), restaurants on the same water meter as a hotel/motel (hotel/motel with restaurant category), and restaurants that are on the same water meter as other general commercial users (mixed retail with food category).
“Sanitation facilities and sewage facilities” means all devices and structures for collecting, pumping, treating and disposing of sewage.
“School” means an educational facility in which instruction takes place, including public, private and religious schools and colleges.
“Sewage” means a combination of water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and storm waters as may be present.

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“Sewer” means a pipe or conduit for carrying sewage. (Ord. 16-13 § 5 (Att. 6 (part)): Ord. 00-6 § 1:
prior code § 12.1)
"Shared Private sewer" means a sewer, whether constructed on public or private property, serves multiple private parcels, residences and/or businesses, traverses more than one parcel prior to entering the public sewer or is located in an utilities easement to which the City is not a party.

Amend as follows SHMC Section 13.24.020 Definitions
Unless otherwise defined herein, terms shall be as adopted in the latest edition of “Standard Methods for the Examination of Water and Wastewater”, published by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation.

Waste constituents and characteristics shall be measured by Standard Methods and unless expressly stated, or as established by federal or state regulatory agencies. “Agency” means the city of St. Helena.
“Beneficial uses” means uses of the waters of the state that may be protected against quality degradation include, but are not necessarily limited to, domestic, municipal agricultural and industrial supply, power generation, recreation, aesthetic enjoyment, navigation and the preservation and enhancement of fish, wildlife and other aquatic resources or reserves, and other uses, both tangible or intangible as specified by federal or state law.
“Building sewer” means a sewer conveying wastewater from the premises of a user to a community sewer.
“Building sewer” means a sewer conveying wastewater from a private parcel, residence and/or business to a public sewer.
“Community sewer” means a sewer owned and operated by the agency or other public agency tributary to a treatment facility operated by the agency. “Community sewer” means the same as “public sewer”.
“Compatible pollutant” means biochemical oxygen demand, suspended solids, pH, and fecal coliform bacteria, plus additional pollutants identified in the Agency’s National Pollutant Discharge Elimination System (NPDES) permit if the publicly owned treatment works was designed to treat such pollutants, and in fact does remove such pollutants to a substantial degree. “Contamination” means an impairment of the quality of the waters of the state by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease. “Contamination” shall include any equivalent effect resulting from the disposal of waste water, whether or not waters of the state are affected.
“Critical users” means a user who is required to obtain a permit, as defined in Section 13.24.050(B).

Agenda Item #11.2.

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“Federal Act” means the Federal Water Pollution Control Act, PL 92-500, and any amendments thereto; as well as any guidelines, limitations, and standards promulgated by the Environmental Protection Agency pursuant to the Act.
“Holding tank waste” means any waste from holding tanks such campers, trailers, septic tanks, and vacuum pump tank trucks.
“Incompatible pollutant” means any pollutant which is not a compatible pollutant as defined in this section. The pre-treatment standard for incompatible pollutants introduced into a publicly owned treatment works by a major contributing industry not subject to Section 307(c) of the Federal Act shall be for sources within the corresponding industrial or commercial category, that established by a promulgated effluent limitations guideline defining best practicable control technology currently available pursuant to Sections 301(b) and 304(b) of the Federal Act; provided, that if the publicly owned treatment works which receives the pollutants is committed in its NPDES permit, to remove a specified percentage of any incompatible pollutant, the pretreatment standard applicable to users of such treatment works shall be correspondingly reduced for that pollutant; and provided further that even when the effluent limitations guideline for each industry category is promulgated, a separate provision will be proposed concerning the application of such guideline to pretreatment. “Manager” means the city engineer or designated representative. “Mass emission rate” means the weight of material discharged to the sewer system during a given time interval. Unless otherwise specified, the “mass emission rate” means pounds per day of a particular constituent or combination of constituents.
“Person” means any individual, partnership, firm, association, corporation, or public agency including the state of California and the United States of America, or any political subdivision thereof. “Pollution” means an alteration of the quality of the waters of the state by waste to a degree which unreasonably affects such waters for beneficial use or facilities which serve such beneficial uses.

Pollution may include contamination.
“Premises” means a parcel of real estate including any improvements thereon which is determined by the agency to be a single user for purposes of receiving, using, and paying for service. “Public sewer” means a common sewer solely owned, and/or controlled by the City and is located in public right of way or is located within a public utilities easement to which the City is a party. “Unpolluted water” means water to which no constituent has been added, either intentionally or accidentally, which would render such water unacceptable to the agency having jurisdiction thereof for disposal to storm or natural drainages or directly to surface waters. “User” means any person that discharges, causes or permits the discharge of wastewater into a community sewer.
“User classification” means a classification of user based on the 1972 edition of the Standard Industrial Classification (SIC) Manual prepared by the Executive Office of Management and Budget.

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“Waste” means includes sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation or of human or animal origin, or from any producing, manufacturing, or processing operation of whatever nature, including such waste placed within containers of whatever nature prior to, and for purposes of, disposal. “Wastewater” means waste and water, whether treated or untreated, discharged into or permitted to enter a community sewer.
“Wastewater constituents and characteristics” means the individual chemical, physical, bacteriological and radiological parameters, including volume and flowrate and such other parameters that serve to define, classify or measure the contents quality, quantity and strength of wastewater.
“Waters of the state” means any water, surface or underground, including saline waters within the boundaries of the state. (Prior code § 12.9.02)
SHMC Section 13.20.075 Property Owner’s Obligation to Maintain, Repair and Replace Private Sewer Laterals
A. Each property owner shall, at the property owner's expense, inspect, maintain in good working order, repair and replace, as necessary, the private sewer lateral, including any portions that may lie within the public right of way, so that it does not cause or contribute to any sewer overflow from either
the private sewer lateral or the public sewer service system. The private sewer lateral shall be free of displaced joints, open joints, root intrusion, substantial deterioration of the line, cracks, leaks, inflow, infiltration of extraneous water, fats, oils and grease, sediment deposits or any other similar conditions, defects or obstructions likely to cause or contribute to blockage of the sewer lateral or the public sewer service system.

B. Private sewer laterals not part of public sewer service system. The private sewer laterals are the property of the property owner and are not part of the public sewer service system.

Nothing in this chapter shall be interpreted as changing the private nature of the private sewer laterals or incorporating them into the public sewer service system.

C. Each property owner is responsible for obtaining encroachment permits necessary to maintain, repair, or replace any portion of their private sewer lateral within the public right of way.

Agenda Item #11.2.

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Agenda Item #11.2.

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Agenda Report to the City Council
Agenda Section: PUBLIC HEARINGS
Department: Public Works
DATE: January 23, 2024
FROM: Eric Janzen, Assistant Public Works Director
SUBJECT: Introduction and first reading of Ordinance amending Title 13 of the St. Helena Municipal Code to clarify ownership and maintenance responsibility of water laterals serving private property.

RECOMMENDED
ACTION:

Introduce and waive the first reading of the proposed
revisions to the ordinance; schedule second reading on
2/14/23.

PREVIOUS COUNCIL
ACTION:

STATEMENT OF THE
PURPOSE:

To introduce revisions to Title 13 of the St. Helena
Municipal Code to clarify ownership and maintenance
responsibility of water laterals serving private property.

FINANCIAL IMPACT: None.

BACKGROUND:

On November 22, 2022, the Council received a report by the Director of Public Works discussing limitations in the St. Helena Municipal Code as it pertains to the ownership and maintenance responsibilities of water laterals serving private properties. It was the consensus of the City Council to approve Option 2: the City to maintain the water main, water service lateral up to the water meter, water meter and meter box/vault. Council directed Public Works and the City Attorney to develop revisions to Title 13 and present to Council for introduction and first reading.

DISCUSSION:

The Public Works Department wishes to revise SHMC Title 13 to add new definitions of terms in support of a new section 13.04.075 which will define private and public water service. The proposed new section 13.04.75 would clearly define the physical limits of private water service ownership and maintenance responsibilities as it pertains to public right-of-way. The City Attorney reviewed the draft version of this ordinance revision, provided language and comments that have been incorporated herein.

What would the proposed revisions accomplish if adopted? Agenda Item #11.3.

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 Ownership of a water lateral serving private property will be clearly defined as "private" from the home or business up to the water meter.  Maintenance, repair and eventual replacement of a private lateral will be the sole responsibility of the property owner regardless if the lateral traverses private or public land.
 The water meter, meter box/vault and the segment of the lateral from the meter to the water main would be clearly defined as "public" and maintenance of these facilities would be the responsibility of the City.

ENVIRONMENTAL REVIEW: Exempt from CEQA
DOCUMENTS ATTACHMENTS:

PROPOSED.SHMC Title 13.Water Service System
ORDINANCE.St. Helena_ Ordinance re Property Owner's Obligation to Maintain Water Laterals-c1
EXISTING.SHMC Title 13.Water System.TrackChange
Agenda Item #11.3.

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SHMC CHAPTER 13.04 – WATER SERVICE SYSTEM
NOTE: The following new text will be added to SHMC Chapter 13.04 in the sections shown. All existing provisions of this Chapter will remain as currently adopted and have been omitted for clarity.

13.04.010 Definitions
“private water service" means the water service connection, pipe or “lateral” between a private residence, business or parcel up to but excluding the water meter. “public water service" means the water service connection between the water meter and the public water service system including the water meter and the meter box or vault. “public water service system” means the collective water distribution system including water mains, valves, fire hydrants, pumps, ancillary equipment and public water service(s) connected to the water distribution system.

13.04.075 Property Owner’s Obligation to Maintain, Repair and Replace Private Water Laterals A. Each property owner shall, at the property owner's expense, inspect, maintain in good working order, repair and replace, as necessary, the private water service, including any portions that may lie within the public right of way, so that it does not cause or contribute to any water overflow from either the private water lateral or the public water main. The private water lateral shall be free of displaced joints, open joints, root intrusion, substantial deterioration of the line, cracks, leaks, inflow, infiltration of extraneous water, fats, oils and grease, sediment deposits or any other similar conditions, defects or obstructions likely to cause or contribute to blockage of the water lateral or the public water main.

B. Private water laterals are not part of public water service system. The private water laterals are the property of the property owner and are not part of the public water service system.

Nothing in this chapter shall be interpreted as changing the private nature of the private water laterals or incorporating them into the public water service system.

C. Each property owner is responsible for obtaining encroachment permits necessary to maintain, repair, or replace any portion of their private water lateral within the public right of way.

D. Each property owner shall maintain, repair, and replace their private water lateral according to the standards set forth in the City’s Municipal Code.”
Agenda Item #11.3.

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ORDINANCE NO.

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ST.

HELENA AMENDING SECTION 13.04.010 AND ADDING
SECTION 13.04.075 TO TITLE 13 OF THE ST. HELENA

MUNICIPAL CODE REQUIRING PROPERTY OWNERS TO

MAINTAIN, REPLACE, AND REPAIR PRIVATE WATER

LATERALS
WHEREAS, Title 13 (Public Services) of the City of St. Helena’s (City) Municipal Code contains regulations relating to water service systems; and WHEREAS, Chapter 13.04 of Title 13 of the City’s Municipal Code regulates the use of water, water rates, water service connections, and connecting private plumbing to public water mains; and
WHEREAS, Section 13.04.055(A) of the City’s Municipal Code provides that a property owner is financially responsible for connecting the plumbing from their property to the public water main, but is silent regarding a property owner’s obligation to maintain, repair, and replace private water laterals; and WHEREAS, the City Council desires to clarify that a property owner has an obligation to perform and pay for any maintenance, repair, and replacement of water laterals from the private residence, business or parcel up to but excluding the water meter; and
WHEREAS, the City Council wishes to further clarify that a property owner must obtain any encroachment permits necessary to perform any maintenance, repair, or replacement of private water and sewer laterals;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ST. HELENA, CALIFORNIA DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals: This Ordinance incorporates, and by this reference makes a part hereof, the aforementioned recitals;
SECTION 2. Amendment to Municipal Code Section 13.04.010. Section 13.04.010 of the City’s Municipal Code is hereby amended to add the following definitions, which shall be added to Section 13.04.010 in alphabetical order:
“’Private water service’ means the water service connection, pipe or “lateral” between a private residence, business or parcel up to but excluding the water meter.” “’Public water service’ means the water service connection between the water meter and the public water service system including the water meter and the meter box or vault.”
Agenda Item #11.3.

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“’Public water service system’ means the collective water distribution system including water mains, valves, fire hydrants, pumps, ancillary equipment and public water service(s) connected to the water distribution system.” SECTION 3. New Municipal Code Section 13.04.075. Section 13.04.075 is hereby added to the City’s Municipal Code as follows:
“8.04.075 Property Owner’s Obligation to Maintain, Repair and Replace Private Water Laterals
A. Each property owner shall, at the property owner's expense, inspect, maintain in good working order, repair and replace, as necessary, the private water service, including any portions that may lie within the public right of way, so that it does not cause or contribute to any water overflow from either the private water lateral or the public water main. The private water lateral shall be free of displaced joints, open joints, root intrusion, substantial deterioration of the line, cracks, leaks, inflow, infiltration of extraneous water, fats, oils and grease, sediment deposits or any other similar conditions, defects or obstructions likely to cause or contribute to blockage of the water lateral or the public water main.

B. Private water laterals are not part of public water service system. The private water laterals are the property of the property owner and are not part of the public water service system. Nothing in this chapter shall be interpreted as changing the private nature of the private water laterals or incorporating them into the public water service system.

C. Each property owner is responsible for obtaining encroachment permits necessary to maintain, repair, or replace any portion of their private water services within the public right of way.

D. Each property owner shall maintain, repair, and replace their private water services according to the standards set forth in the City’s Municipal Code.” SECTION 4. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

SECTION 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, Agenda Item #11.3.

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paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.

SECTION 6. Effective Date. This ordinance shall take effect and be in force thirty (30) days after its adoption, and a summary of this ordinance shall be published once with the names of the members of the Council voting for and against the ordinance in the St. Helena Star, a newspaper of general circulation published in the City of St. Helena.

Agenda Item #11.3.

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Mayor Dohring: _____
Vice Mayor Hall: _____
Councilmember Chouteau: _____
Councilmember Hardy: _____
Councilmember Summers: _____
Agenda Item #11.3.

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13.04.010 Definitions.

For the purposes of this chapter and Chapters 13.08 (Cross-Connection Control Program) and 13.12 (Water Use Efficiency and New Development), the following words and phrases shall have the meanings respectively ascribed to them by this section:
“Agricultural purpose” means the breeding, raising, pasturing, and grazing of livestock for the production of food and fiber and the planting, raising, harvesting and producing of viticultural crops, food crops, fiber crops, horticultural crops, and forestry crops. “Customer” means the person responsible for paying each water service account on the water distribution system, both inside and outside city limits, of the water enterprise owned by the city of St.

Helena.
“Department” means the municipal water department of the city. “Director of public works” means the individual filling the position of director of public works/city engineer for the city, or his or her designee.
“New development” means any of the following construction projects that have not received a certificate of occupancy from the city or county building department prior to May 24, 2011, or that were issued a building permit and did not construct a foundation prior to May 24, 2011:

1. Any freestanding building that contains water-using fixtures;

2. Any floor area additions to existing nonresidential structures;

3. Any residential additions or remodeling that increases overall water usage at the water meter. “New water connection” means a water connection for the benefit of any user or use of water, whether industrial, commercial, residential, institutional, who or which was not currently receiving water from the department at the time a water shortage phase was formally established. All new construction shall be deemed a new water connection, notwithstanding the fact that such new construction may have received all permits and consents required of it by any governmental agency, including the city, and notwithstanding the fact that the applicable fees for water connection may have been prepaid by the applicant.
“Nonresidential” means properties in which the primary use is not residential; hotels and motels are considered nonresidential.
“Premises” is a lot or parcel under one ownership, except that portions thereof having well-defined boundaries such as fences or hedges which prevent the common use of the property by all occupants shall be deemed separate premises.
“private water service" means the water service connection, pipe or “lateral” between a private residence, business or parcel up to but excluding the water meter. “public water service" means the water service connection between the water meter and the public water service system including the water meter and the meter box or vault.

Agenda Item #11.3.

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“public water service system” means the collective water distribution system including water mains, valves, fire hydrants, pumps, ancillary equipment and public water service(s) connected to the water distribution system.
“Residential” means all living or dwelling units (as defined by the Uniform Building Code) of a permanent, rather than a transient, nature, including but not limited to single-family residences, apartments, mobile homes, manufactured homes, duplexes, townhouses, apartment buildings and condominiums. A “dwelling unit” shall be defined as any structure containing sleeping, eating, cooking, and sanitation facilities.
“Safe annual yield” of the St. Helena water supply system is that quantity of water which can be reliably delivered on an annual basis through most rainfall years, including a dry year (rainfall at twenty-two (22) inches to twenty-five and nine-tenths (25.9) inches) without undue hardship on water customers through water shortage restrictions. It is recognized that the safe annual yield, as so defined, could place significant hardship on water customers in a critically dry year (rainfall at twenty-one and nine-tenths (21.9) inches or less) or in periods of two or more consecutive dry years. “Undue hardship” is defined to mean Phase II or Phase III restrictions at any time, as these phases are set forth in this amended code.

The safe annual yield shall be determined pursuant to the analytical methodology used by the safe yield committee, as identified in its report dated March 17, 2011. The safe annual yield shall be redetermined any time there is a material change in the city’s water supply. “Supply/usage balance” is the difference between the safe annual yield and total current usage. “Total current usage” is average usage as determined by taking total metered potable water supply entering the water system’s distribution system over the last five fiscal years, divided by five. The city shall calculate the supply/usage balance as soon after the end of each fiscal year as is practicable, as well as at any time that there is a material change in potable water supply. The balance is positive when the safe annual yield exceeds total current usage. The balance is negative, or in deficit, when the safe annual yield is less than total current usage.
“Water advisory board” is the board as may be constituted in Section 13.04.230(C)(8). (Ord. 16-13 § 5 (Att. 6 (part)): Ord. 12-1 § 2; Ord. 11-7 (part): prior code § 18.1)

13.04.020 Applicability—Shutting off water for violations.

The rules and regulations set forth in this chapter and Chapters 13.08 and 13.12 for the management, control and use of the municipal water department, and penalties for the violation thereof, and rates to be charged for water or services furnished to consumers, are prescribed and established and are applicable to all consumers, whether inside or outside the city limits, in the absence of express limitations hereinafter set forth.

Every person taking water shall be considered as having expressed his or her consent to be bound by the provisions of this chapter, and whenever any one of such rules and regulations is violated the city may shut off the water to the user with proper notice as set forth in Division 5, Article 1, Chapter 1 of the California Public Utilities Code and the water shall not be turned on again until all unpaid rents and charges are paid and other requirements of this chapter and Chapters 13.08 and 13.12 are met. (Ord. 16-13 § 5 (Att. 6 (part)): Ord. 02-5 § 18 (part): prior code § 18.2) Agenda Item #11.3.

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13.04.030 Application for water service—Deposit.

A. To Be Signed and in Writing. Every person desiring a water supply from the department shall make written application at the office of the department. Such application shall be signed by the applicant and accompanied by a copy of the California driver’s license or identification card. The application shall contain the stipulations, terms and provisions applicable to all water accounts as defined by resolution or the code. A printed application form shall be provided by the department, when requested. Water service will be turned on by a city representative during normal working hours, defined as after eight a.m. and prior to three-thirty p.m., Monday through Friday excluding legal holidays. Water service turnon shall not be made after three-thirty p.m. or prior to eight a.m., Monday through Friday, nor on Saturday, Sunday or legal holidays unless the customer agrees to pay the appropriate fee as set by resolution for such after-hours service.

B. Nonowner’s Deposit. Whenever an application is made for the furnishing of water to premises and the applicant is not the owner in fee of such premises, a deposit shall be made with the department at the time such application is made in the amount prescribed by resolution of the city council. Such deposit shall be held by the department as a guarantee for the payment of all water consumed, and payment of all other charges owing from the applicant to the department. Whenever any applicant removes from such premises owing nothing for water by him or her used, or any other charges of the department, or whenever the applicant shall become the owner in fee of such premises, the deposit shall be returned to the applicant making the same. Otherwise, the deposit shall be returned to the applicant less all charges owing by the applicant to the department. (Ord. 19-9 § 1 (Exh. A (part)): Ord. 16-13 § 5 (Att. 6 (part)): Prior code § 18.3)

13.04.040 Water service connections—Costs.

A. Generally. When the premises to which water is to be furnished under the application made in writing has no connection already installed for use on the premises, the applicant shall pay all costs of the installation and service connection. The costs which shall be included as charges for making service installations shall be: all materials costs, including fittings, valves, pipes, meter, meter box and other costs incurred by reason of peculiarities of the installation.

B. Cost of Installation. The applicant shall be responsible for installation and cost of the water lateral both within the city right-of-way and on private property. All work within the city right-of-way shall require a city-issued encroachment permit, and the work shall be performed by an appropriately licensed contractor. Installation shall be performed in accordance with all applicable city standards including but not limited to trench backfill and pavement restoration.

C. Director of Public Works to Fix Charges. The director of public works is empowered to estimate and fix the charges to be made for all service connections, subject to the approval of the city council.

D. When Due and Payable. All such sums herein provided for to be paid by the applicant shall be due and actually paid before any of the work is commenced and in no event shall the work of installing any water service be commenced until all sums required to be paid have been actually paid by the applicant.

None of such sums so paid, nor any portion thereof, shall be refundable to the applicant.

E. Schedule of Water Connection Charges. Every person making a connection to the city water system shall, immediately prior to making such connection, pay to the city a connection charge as established by city council resolution.

Agenda Item #11.3.

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There shall also be one of the following water connection charges:

1. Standard Service Connection (Complete). Minimum charges for standard complete service connections are shown below. A “standard” complete connection is defined as one where the service pipe is tapped into a water main of eight-inch diameter or less, where open trench excavation can be used and where the distance from the main to the meter is not over forty (40) feet. The service connection is complete in that it includes service pipe, meter box, meter and necessary fittings.

Extraordinary costs, as determined by the city engineer, shall be billed and paid by the applicant.

Minimum Connection Charge
Size of Meter
3/4 or 5/8 inch meter
$1,000.00
1 inch meter
1,200.00
1 1/2 inch meter
1,625.00

2. Standard Service Connection (Partial). A “standard” partial connection applies to those cases where a copper service pipe has been stubbed in during the development of the subdivision and only the setting of the meter box and meter remains to be done by the water department.

Minimum Connection Charge
Size of Meter
3/4 or 5/8 inch meter
$150.00
1 inch meter
275.00
1 1/2 inch meter
Agenda Item #11.3.

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550.00
(Ord. 16-13 § 5 (Att. 6 (part)): Prior code § 18.4)

13.04.050 Water service connections—Installation generally.

A. When Connection May Be Made. The applicant having complied with the requirements of this chapter and Chapters 13.08 and 13.12 relating to the application for service, and having paid all charges incurred, the property described in the application shall be connected with the water mains and water furnished to the applicant.

B. Extension of Mains. No service shall be installed by the department on any private property, or extended beyond the curb of the street in which the department’s mains are installed, except where the city owns or controls water pipeline rights-of-way over private property and has water mains installed therein. The applicant for water service shall, at his or her own expense, extend service lines to the nearest open and accepted public street or place where service will be installed by the department, subject to all other terms and provisions set forth in this chapter and Chapters 13.08 and 13.12, except that the department may, at its option, allow water service connections to its water mains installed in the rights-of-way above described; provided, that the applicant at his or her own expense extends service lines to the water mains.

C. Multiple Connections Prohibited Generally. No one service connection shall supply water to more than one premises.

D. Exceptions to Multiple Connection Requirements. If under particular circumstances it be determined by the city council that it be impracticable to install one service connection for every premises and advantageous to the department to furnish water to more than one premises through one service connection, then water may be so furnished by the department. After any such installation of water service for more than one premises through one service connection, the city council may, if it determines that by reason of changed circumstances, it has become practicable to install one service connection for each of the premises, then the city council may elect to install a separate service connection and meter for each of such premises at the cost and expense of the owner of the premises, to be paid for by the owner of the premises.

E. Service to More Than One Consumer Through One Connection and Meter. Where there is more than one consumer supplied through one service connection and one meter, the department shall hold the applicant or other person agreed upon responsible for payment of all water furnished through the one service connection or one meter; provided, that where practicable to serve each consumer through a separate service connection, the city council may at its election install a separate service connection and meter for each such consumer at the cost and expense of the property owner or consumer, to be paid for by the property owner or consumer, and thereafter collected at the established meter rates for water supplied through each meter.

F. Extension Along Frontage of Premises Served. In no event shall a water service connection be installed unless a water main of adequate capacity and delivery pressure extends in a public street or public right-of-way across the entire frontage of the premises to be served; provided, however, that if, under particular circumstances, it is determined by the city council that no public purpose would be served to require the water main to extend across the entire frontage, such as, without limitation, those Agenda Item #11.3.

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cases involving dead-end streets or cul-de-sacs, the council may determine a lesser distance to which it is necessary to extend the water main across the frontage to serve the public purpose.

G. Prohibitions. No service connection shall be given or made from which any consumer service line shall run lengthwise on any public street, nor shall any service connection be given or made from which two or more consumer service lines shall run lengthwise on any private road.

H. Service Outside City Limits. No water service connection or water main extension shall be made or given to premises located outside the city limits except (1) to provide private fire service in accordance with Section 13.04.200 and (2) to provide reclaimed water in accordance with city policies and procedures. (Ord. 16-13 § 5 (Att. 6 (part)): Ord. 03-5 § 1; prior code § 18.5)

13.04.055 Conditions when connection to public water main required.

A. The owner of any structure located within the city in which plumbing is to be installed shall, at the owner’s sole expense, connect the plumbing of such structure directly to the proper public water main in accordance with the provisions of this chapter. The provisions of this section shall not apply to wells installed pursuant to Chapter 13.16.

B. If the closest water main is located more than one thousand (1,000) feet from the property line of a residential lot, the property owner of the residential lot may request an exception to this requirement for existing lots of record.

C. The following procedures shall be followed for the consideration of applications for exceptions to the requirements of this section:

1. Applications for exceptions shall be filed by the property owner with the public works department on forms provided by the public works department. The application shall be accompanied by materials and information outlined on the application requirements list available in the public works department.

2. The application shall be considered by the city council prior to the determination of completeness (pursuant to Section 65943 of the Government Code) of a development application for the property.

3. Applications for exceptions shall be considered during a public hearing.

D. The following criteria shall be considered by the city council in the evaluation of applications for exceptions to the requirements of this section:

1. The proximity of existing public water mains to the subject lot;

2. The ability to provide public water to the site at pressures adequate for domestic and emergency purposes by unmechanically augmented municipal systems;

3. The likelihood of adjoining lot(s) to develop, and the need for the extension of public water facilities to accommodate such development;

4. The potential environmental effects resulting from the installation of public facilities given the physical conditions and improvements present at the site including, but not limited to: slope, soil Agenda Item #11.3.

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conditions, tree cover, existing features and structures, etc., which might present constraints to the extension of the public water facilities;

5. The physical conditions and improvements present at the site including, but not limited to: slope, soil conditions, tree cover, existing features and structures, etc. which might present significant ongoing costs for maintenance of the public facilities;

6. The ability to provide public water service to the frontage of adjoining lots(s);

7. The adequacy of the proposed private system to provide adequate water flow rates, pressure, and facilities to address domestic and emergency needs as determined by the director of public works and the fire chief;

8. The adequacy of the proposed private system to satisfy the requirements of the Napa County department of environmental management.

E. The city council may impose conditions or requirements upon the granting of an application for an exception to the requirements of this section. Said conditions or requirements may include, but shall not be limited to, the following:

1. The property owner requesting the exception shall design and install the public water main across the frontage of the subject property including the extension, if any, of the public facilities from their existing closest point. Appropriate dedication of right-of-way shall be made to accommodate said installation. Said design, installation and dedication shall occur prior to the occupancy of the new development and shall not be subject to reimbursement or other credit by the city of St. Helena. An agreement for reimbursement from private development may be executed.

2. A homeowners’ association (HOA) or other entity or binding agreement, acceptable to the city attorney, shall be created and maintained in perpetuity to ensure the long-term maintenance of the common and/or private facilities (wells, water lines, pressure tanks, holding tanks, backflow prevention devices, etc.). The HOA shall maintain a sufficient fund reserve as determined by the director of public works at all times to ensure that maintenance of the private facilities will occur as necessary. Duties and obligations of the HOA shall be stipulated in covenants, codes and restrictions (CC&Rs) which shall govern the private property. The city of St. Helena shall be a party to the CC&Rs, but shall not be responsible for the enforcement of the document.

3. The property owner requesting the exception shall record a notice which shall run with the deed on the property, and all subsequent parcels resulting from a subdivision of the property, advising subsequent property owners of the lack of public facilities and of the potential for failure of the private system(s). The deed notice shall further advise successor property owners that the city of St. Helena has no obligation to provide public facilities to the property even in the event of the failure of the private system(s).

4. The property owner requesting the exception shall execute and record a hold harmless agreement with the deed of the property, and all subsequent parcels resulting from a subdivision of the property.

Said agreement shall relieve the city of St. Helena of any and all liability which might arise from the use and/or failure of the private system(s). Said hold harmless agreement shall be in a form acceptable to Agenda Item #11.3.

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the city attorney and shall be recorded prior to occupancy of any new development on the subject lot. (Ord. 16-13 § 5 (Att. 6 (part)): Ord. 12-1 § 3)

13.04.060 Meters generally.

A. Location, Size, Etc. A water service meter shall be installed by the department for each service connection. Water service meters shall be installed only in public streets or places. It shall be unlawful for any consumer to obstruct access to water service meters. On every meter installation the size and exact location of the meter shall be determined by the director of public works or designee.

B. To Remain City Property—Maintenance. All water meters installed by the department shall remain at all times the property of the city and shall be maintained, repaired and renewed by the department.

The department will be responsible for the cost to replace and/or repair meters that are rendered unserviceable through ordinary wear and tear and damage by the elements. The property owner shall be responsible for the cost to replace and/or repair meters that are rendered unserviceable as a result of the negligence of the owner, occupant, agent, contractor or other person working on behalf of the owner or occupant. The department shall have sole discretion in determining if a meter requires repair or replacement; and sole discretion in determining if the cause for repair or replacement is ordinary wear and tear or the result of negligence.

C. Tests. Upon the deposit of the sum as established by council resolution with the finance department by any consumer, the director of public works or designee shall test the meter at the premises of the consumer. The consumer shall be notified by the director of public works at least twenty-four (24) hours in advance and may be represented at such test. (Ord. 16-13 § 5 (Att. 6 (part)): Prior code § 18.6)

13.04.070 Water main extensions.

A. Application. The provisions of this section shall apply to water main extensions, both within and without the boundaries of the city, except that they shall not apply to any water main extensions within the boundaries of any subdivision.

B. Duties of Applicants—Materials—Payments. Applicants for water main extensions to service premises where such extensions are necessary, which necessity shall be at the sole and absolute discretion of the city council, shall be required: (1) to pay to the department the estimated reasonable cost of the necessary facilities before construction is commenced; and (2) to transfer and convey to the city all water mains, pipes and necessary easements therefor. The size, type and quality of the materials and the location of lines shall be specified by the city council in its sole and absolute discretion. All such sums herein provided for to be paid by the applicant for water main extensions shall be due and actually paid before any of the work is commenced and in no event shall the work of installing any water service be commenced until all sums required to be paid have been actually paid by the applicant. Any excess of the amount so paid in by the applicant over the actual cost shall be refunded to the applicant, and in the event the actual costs thereof exceed the amount actually paid by the applicant, the water service shall not be turned on until the differential is paid to the department.

C. Additional Connections. Additional water service connections to any such extended water mains shall be permitted only at the sole and absolute discretion of the department.

D. Size. All water main extensions shall be of size and shall be connected to the city water system at a point where there is an adequate water supply under proper pressure as determined by the city council.

Agenda Item #11.3.

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E. Special Extension Prorate Charge—Determination, Etc. In addition to the usual costs of a water service connection as provided in Section 13.04.040, a special extension prorate charge shall be required and collected from applicants for water service in those instances where the present or past owners of the premises to be served have not participated in the cost of installing the main fronting their premises and which main was installed within a period of twenty (20) years prior to the date of granting the application for the water service connection but after the effective date of this section, September 12, 1961. The charge shall be determined by multiplying the footage of the premises lying along and which may be served directly from the main extension by one-half of the lineal per-foot cost of the main extension, but not to exceed the costs of a six-inch main if installed by the department. The charge shall not be applied more than once to any premises. The charge shall be estimated and fixed by the director of public works, subject to the approval of the council, and shall be payable prior to the installation of water service. Except in unusual circumstances, as determined by the city council, premises already served by the department at the date of installation of the main extension will be exempt from the payment of the special extension prorate charge.

F. Special Extension Prorate Charge—When Effective. The special extension prorate charge shall be in effect for a period of twenty (20) years from:

1. The date of execution of the main-extension agreement, if the main extension is financed by property owners; or

2. The date of official completion of the main extension, if financed by the city.

G. Special Extension Prorate Charge—Rights of Applicant Financing Main Extension. The applicant who has financed the main extension shall be entitled to the special extension prorate charges collected by the department as a part of the service connection costs. The amounts collected shall be refunded to the applicant in accordance with the terms of the main-extension agreement between the city and the applicant. The refunds shall be made within ninety (90) days following the date of collection thereof by the city. No refunds of the extension prorate charges shall be made after twenty (20) years from the date of execution of the main-extension agreement.

H. Subdivision Off-Tract Facilities. If the city council determines that there is not a sufficient off-tract water main from a point where there is an adequate water supply under proper pressure to a point of connecting to in-tract subdivision water mains, the city shall have no obligation to make a connection or extension unless and until the applicant shall finance and make a special agreement with the city for the construction and installation of required off-tract water mains. It is found and determined that at the time no uniform rule can be laid down with respect to the sharing of the cost of such off-tract water main, but that each case must be evaluated on its own merits. Such special agreement need not provide for refunds according to subsection G of this section but may provide for refund or reimbursement to the applicant in such manner as the council determines to be in the best interests of the city. If such an off-tract water main shall be constructed, it shall be a limited purpose through line not designed or intended to serve the properties through which it passes and the city shall not be deemed to have “assumed to serve” any such area through which it passes unless and until the city council shall expressly so declare by later motion or resolution. (Ord. 16-13 § 5 (Att. 6 (part)): Prior code § 18.7)

13.04.075 Property Owner’s Obligation to Maintain, Repair and Replace Private Water Laterals Agenda Item #11.3.

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A. Each property owner shall, at the property owner's expense, inspect, maintain in good working order, repair and replace, as necessary, the private water service, including any portions that may lie within the public right of way, so that it does not cause or contribute to any water overflow from either the private water lateral or the public water main. The private water lateral shall be free of displaced joints, open joints, root intrusion, substantial deterioration of the line, cracks, leaks, inflow, infiltration of extraneous water, fats, oils and grease, sediment deposits or any other similar conditions, defects or obstructions likely to cause or contribute to blockage of the water lateral or the public water main.

B. Private water laterals are not part of public water service system. The private water laterals are the property of the property owner and are not part of the public water service system.

Nothing in this chapter shall be interpreted as changing the private nature of the private water laterals or incorporating them into the public water service system.

C. Each property owner is responsible for obtaining encroachment permits necessary to maintain, repair, or replace any portion of their private water lateral within the public right of way.

D. Each property owner shall maintain, repair, and replace their private water lateral according to the standards set forth in the City’s Municipal Code.”

13.04.080 Water rates.

A. Charges Imposed. No water and no services of facilities of the water system shall be furnished to any consumer or to any person free of charge or in amounts less than those established by resolution of the city council. The city shall pay for all water furnished or made available by the water system for municipal purpose of the city. Customers shall pay for water service on a regular basis as determined by the city. In the event a customer is undercharged for water service, the city shall backbill the customer to recover the amounts due to the city.

B. Nontreated (Raw) Water from Lower Reservoir. City in its discretion may provide nontreated (raw) water from its lower reservoir to be used for grading, dust control, street, pipeline, or similar construction activities, as well as for irrigation. Nontreated (raw) water shall only be used within the St.

Helena city limits, except for users of nontreated (raw) water pursuant to agreements with the city entered into prior to November 2016. A permit fee as established by council resolution is required for all persons utilizing nontreated (raw) water, unless otherwise stated under a separate water agreement. All persons utilizing nontreated water through the permit process are also required to pay the use fee as identified by council resolution. (Ord. 19-9 § 1 (Exh. A (part)): Ord. 16-13 § 5 (Att. 6 (part)): Ord. 11-4 § 2:

Ord. 08-1 § 1; Ord. 05-5 § 1; Ord. 04-9 § 1; Ord. 04-1 § 1; Ord. 01-1 § 1: prior code § 18.8)

13.04.090 Right of city to contract for water.

Under special circumstances, the city council reserves the right and power to contract separately with any person for the sale and delivery of water within or outside the corporate limits of the city at wholesale rates to be fixed and agreed upon by resolution of the council. (Ord. 16-13 § 5 (Att. 6 (part)):

Prior code § 18.9)

13.04.100 Rules and regulations generally.

A. Right of Access. Duly authorized representatives of the department shall have the right of access at all reasonable hours to any premises where water from the department’s water system is used for the purpose of inspection and examination.

Agenda Item #11.3.

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St. Helena City CouncilJanuary 23, 2024

St. Helena City Council
January 23, 2024