St. Helena City Council
February 13, 2024

City of St. Helena
City Council Meeting
Tuesday, February 13, 2024
465 Main Street, St. Helena
4:30PM Special Closed Session
Vintage Hall Wellness Center - First Floor
6:00PM Regular Open Session
Vintage Hall Board Room - Second Floor

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. 4:30PM SPECIAL CLOSED SESSION:

2. CALL TO ORDER

3. CLOSED SESSION PUBLIC COMMENT
Each public comment shall be limited to 4 minutes.

3.1. Conference with Labor Negotiators, pursuant to Government Code Section 54957.6
Agency Designated Representatives: City Manager
Employee Organization: Police Officers Association (POA), St. Helena Employees Association (SHEA)

3.2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Sec. 54956.9)
Name of case: St. Helena Citizens for a Sustainable Future, et al. v.

City of St. Helena et al. (Napa County Superior Court Case No. 23-CV000938)

1. 6:00PM REGULAR MEETING OF THE ST. HELENA CITY COUNCIL

2. CALL TO ORDER

3. ROLL CALL

4. 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 23, 2024
01-23-2024 Regular City Council - Minutes
9 - 17

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.Eric Hanson 19 - 24

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.

7.1. 07.01 - CIP Presentation_021324 25 - 35

7.2. 07.02 - Public Hearing Clarification_SW_SS_W 37 - 41

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. Quarterly Grant Report for FY 2024 Q2 for the reporting period ending December 31, 2023.
43 - 49

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

Receive and file report.

Staff Report - Pdf

10.2. Consideration and Proposed Approval of a Resolution Confirming City Council's Intent for Use of Affordable Housing Trust Fund Monies for the Our Town St. Helena's Affordable Housing Project Located at 963 Pope Street.

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

Approve the attached Resolution.

Staff Report - Pdf
51 - 65

10.3. Consideration and proposed adoption of a Resolution Amendment No. 4 to STH Contract: FY2023-002 in the amount of $55,000 to the Professional Services Agreement with Regional Government Services (RGS) for human resources assistance for a total amount not-to-exceed $221,200.

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

Approve the attached resolution.

Staff Report - Pdf
67 - 82

10.4. Consideration and proposed adoption of a resolution approving a Professional Services Agreement with Alsco Uniform Services Inc., for Citywide Uniform Services for a one-year contract period for a total notto-exceed amount of $20,135.66 with up to four additional one-year extensions.

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

Staff recommends City Council adopt the attached Resolution.

Staff Report - Pdf
83 - 111

10.5. Waiver of second reading and proposed adoption of Ordinance amending Title 13 of the St. Helena Municipal Code to clarify ownership and maintenance responsibility of water laterals serving private property.

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

Waive second reading and adopt an Ordinance amending Title 13 of the St. Helena Municipal Code to clarify ownership and maintenance 113 - 152

responsibility of water laterals serving private property.

Staff Report - Pdf

10.6. Waiver of second reading and proposed adoption 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.

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

Waive second reading and adoption the 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.

Staff Report - Pdf
Public Comment.Mark Smithers
153 - 172

10.7. Waiver of second reading and proposed adoption of an 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:

Waive second reading and adopt an Ordinance amending Title 13 of the St. Helena Municipal Code to clarify ownership and maintenance responsibility of sewer laterals serving private property.

Staff Report - Pdf
173 - 184

10.8. Consideration and proposed adoption of a Resolution authorizing a Professional Services Agreement with Peterson Mechanical for Heating, Ventilation, and Air Conditioning Maintenance Services for a Not-To-Exceed Contract Amount of $105,000.00 for a three-year contract term.

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

Approve the Resolution.

Staff Report - Pdf
185 - 240

10.9. Consideration and proposed adoption of a Resolution authorizing a Professional Services Agreement with JL Mechanical for maintenance services each for a 3-year period for a not-to-exceed contract value of $240,000 with the option of two possible one-year extensions.

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

Approval of the Resolution.
241 - 288

Staff Report - Pdf

10.10. Consideration and proposed adoption of a Resolution authorizing a 3- year Professional Services Agreement with C&D Power for a not-toexceed contract amount of $210,000 for electrical generator maintenance, testing, and repair services.

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

Approval of the Resolution.

Staff Report - Pdf
289 - 340

10.11. Proposed approval of a resolution authorizing:
(1) The addition of one full-time equivalent position effective immediately for a Recreation Manager; and
(2) Approving a budget adjustment in the amount of $59,120 for the salary adjustments; and
(3) Duly adopting and approving publicly available pay schedule for Mid-Management Classifications in accordance with the requirement of California Code of Regulations, Title 2, Section 570.5, which includes a new salary schedule for the Recreation Manager Classification effective February 13, 2024; and
(4) Amendment #12 to the Unrepresented Compensation Program to include the Recreation Manager classification.

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

Approve the attached resolution.

Staff Report - Pdf
341 - 364

11. PUBLIC HEARINGS
None

12. OLD BUSINESS
None

13. NEW BUSINESS

13.1. Consideration and direction whether the City desires to exercise its option to purchase an affordable housing unit at 1633 Voorhees Circle as provided in the Resale Restriction Agreement and Option to Purchase Agreement.

Estimated start time: 6:50 p.m.

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

Discuss and provide direction to staff regarding the option or the 365 - 396

Owner's attempt to sell.

Staff Report - Pdf
Public Comment.Jordan Bentley

13.2. Discuss and Make a Determination on the Water Penalty Appeal by Catherine Buck in the amount of $74,893.30.

Estimated start time: 7:15 p.m.

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

Approve the Appeal.

Staff Report - Pdf
397 - 437

14. CITY COUNCIL REPORTS:

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

15. ADJOURNMENT
The next Regular City Council meeting is scheduled for February 27, 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 DATE.

Cindy Tzafopoulos, City Clerk
In Compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please call the City Clerk’s Office (707) 967-2792. Notification 72 hours prior to the meeting as required by Section 202 of the Americans with Disabilities Act will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

CHALLENGING DECISIONS OF CITY ENTITIES
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City of St. Helena is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision, including without limitation Government Code section 65009 applicable to many land use and zoning decisions, Government Code section 66499.37 applicable to the Subdivision Map Act, and Public Resources Code section 21167 applicable to the California Environmental Quality Act (CEQA). Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. Government Code section 65009 and 66499.37, and Public Resources Code section 21167, impose shorter limitations periods and requirements, including timely service in addition to filing.

If a person wishes to challenge the above actions in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of St. Helena, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

SUPPLEMENTAL MATERIAL RECEIVED AFTER THE POSTING OF THE AGENDA
Any supplemental writings or documents distributed to a majority of the City Council regarding any item on this Agenda, after the posting of the Agenda, will be available for public review in the City Clerk’s Office located at 1088 College Avenue, St. Helena, California, during normal business hours and by appointment. In addition, such writings or documents will be made available on the City’s web site at https://sthelena.civicweb.net and will be available for public review at the respective meeting.

MINUTES
City of St. Helena
Regular City Council Meeting
Tuesday, January 23, 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, Council Member Lester Hardy, and Council Member Billy Summers

Absent: None

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. ADOPTION OF THE AGENDA

4.1 Council Member Lester Hardy moved to adopt the agenda as presented. The motion was seconded by Council Member Billy Summers and on roll call carried by the following vote:

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

5. ADOPTION OF THE MINUTES

5.1 Consideration and proposed approval of Regular Meeting Minutes of January 9, 2024.

Council Member Lester Hardy moved to approve Regular Meeting Minutes of January 9, 2024. The motion was seconded by Vice Mayor Eric Hall and on roll call carried by the following vote:

AYES: Mayor Paul Dohring, Vice Mayor Eric Hall, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Billy Summers NOES: None
Agenda Item #5.1.

Regular City Council
January 23, 2024
ABSENT: None
ABSTAIN: None
RECUSE: None

6. PUBLIC FORUM:

Leslie Stanton, David Knudsen, Doug Barr, Paul Asmuth, Richard Seiferheld, Maury Robertson, Michelle Deasy and Citizen addressed the City Council.

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 23, 2024 special City Council closed session meeting.

8. PRESENTATIONS AND PUBLIC RECOGNITIONS
None

9. STAFF BRIEFING
None

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 November 2023 Review and Forecasting of City Water Supply Availability.

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

Receive and file.

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.

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) Agenda Item #5.1.

Regular City Council
January 23, 2024
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).

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

Approve the Resolution

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.

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.

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.

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:

Agenda Item #5.1.

Regular City Council
January 23, 2024
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.

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

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

11. PUBLIC HEARINGS

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.

Joe Leach, Public Works Director reported on this item.

Mayor Dohring opened the public hearing and called for public comment.

Public Comment was received by Anthony Micheli.

Mayor Dohring closed the public hearing.

Council Member Lester Hardy moved to introduce and approve the first reading by title only 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. The motion was seconded by Vice Mayor Eric Hall and on roll call carried by the following vote:

AYES: Mayor Paul Dohring, Vice Mayor Eric Hall, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Billy Summers NOES: None
Agenda Item #5.1.

Regular City Council
January 23, 2024
ABSENT: None
ABSTAIN: None
RECUSE: None

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.

Joe Leach, Public Works Director reported on this item.

Mayor Dohring opened the public hearing and called for public comment.

No public comment was received.

Mayor Dohring closed the public hearing.

Council Member Lester Hardy moved to approve the introduction and first reading by title only of an Ordinance amending Title 13 of the St. Helena Municipal Code to clarify ownership and maintenance responsibility of sewer laterals serving private property. The motion was seconded by Council Member Anna Chouteau and on roll call carried by the following vote:

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

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.

Agenda Item #5.1.

Regular City Council
January 23, 2024
Joe Leach, Public Works Director reported on this item.

Mayor Dohring opened the public hearing and called for public comment.

No public comment was received.

Mayor Dohring closed the public hearing.

Council Member Lester Hardy moved to approve the introduction and first reading by title only of an Ordinance amending Title 13 of the St. Helena Municipal Code to clarify ownership and maintenance responsibility of water laterals serving private property. The motion was seconded by Vice Mayor Eric Hall and on roll call carried by the following vote:

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

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.

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.

Joe Leach, Public Works Director and Mario Traverso, Project Manager reported on this item.

Mayor Dohring opened the public hearing and called for public comment.

No public comment was received.

Mayor Dohring closed the public hearing.

Agenda Item #5.1.

Regular City Council
January 23, 2024
Council Member Lester Hardy moved to approve the resolution approving the annexation of the territories into the St. Helena Municipal Sewer District No. 1 MSD. The motion was seconded by Vice Mayor Eric Hall and on roll call carried by the following vote:

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

12. OLD BUSINESS
None

13. NEW BUSINESS

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.

Mandy Kellogg, Administrative Services Director reported on this item.

No public comment was received.

Council Member Lester Hardy moved to approve a resolution approving MidYear Budget Adjustments for FY2023-24. The motion was seconded by Vice Mayor Eric Hall and on roll call carried by the following vote:

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

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

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

Regular City Council
January 23, 2024
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.

Ethan Walsh, City Attorney reported on this item.

No public comment was received.

It was the consensus of the City Council to direct staff to commence with a recruitment to fill Council Member Hardy's vacant seat with the following schedule:

Selection Timeline
Date Action
1/23/24 Begin recruitment for candidates to complete an application 2/16/24 End of application period
2/23/24 Candidate Interviews
2/27/24 Appointment and Seating of new Council Member

14. CITY COUNCIL REPORTS:

14.1 A. Association of Bay Area Governments (ABAG) - Executive Board B. Association of Bay Area Governments (ABAG) - General Assembly C. Napa Valley Tourism Corporation (Umbrella for Napa County) D. League of California Cities – North Bay Division
E. Napa County City Selection Committee
F. Napa County Flood Control and Water Conservation District G. Youth Opportunities Commission
H. Napa County Local Agency Formation Commission (LAFCO) I. Napa Valley Transportation Authority (NVTA)
J. Napa County Watershed Information Center & Conservancy (WICC) K. Upper Valley Waste Management Agency
L. Napa County Groundwater Sustainability Plan Advisory Committee Agenda Item #5.1.

Regular City Council
January 23, 2024
M. Napa County Regional Climate Action Committee
N. Council Ad Hoc and Standing Committee Reports

15. ADJOURNMENT
Mayor Dohring adjourned the meeting at 8:27 p.m.

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

Agenda Item #6.1.

Agenda Item #6.1.

Agenda Item #6.1.

Agenda Item #6.1.

Agenda Item #6.1.

Agenda Item #6.1.

City of St. Helena
5-Year Capital Improvement
FY23/24 – FY27/28
Program Update
By: Joe Leach, PE
Director of Public Works
Public Works Department February 13, 2024 1
Agenda Item #7.1.

City of St. Helena 5-Year CIP
• Brief Review of Adopted CIP Scope
• Overview of FY24 Project Disposition
• Strategies to Deliver
2 Agenda Item #7.1.

Breakdown of Projects – By Number
3 FY24 FY25 FY26 FY27 FY28 Total
Civic 7 1 0 1 0 9
Streets 10 3 3 2 1 19
Water 14 10 7 11 2 44
Wastewater 10 3 3 4 3 23
Stormwater 2 2 1 0 0 5
Total 43 19 14 18 6 100
Project Count
Agenda Item #7.1.

Breakdown of Projects – By Fiscal Year
4 FY24 FY25 FY26 FY27 FY28 Total
Civic $1,315,102 $105,500 $0 $100,000 $0 $1,520,602
Streets $5,202,614 $2,132,500 $2,204,000 $1,366,000 $1,322,600 $12,227,714 Water $3,767,028 $9,166,704 $6,945,094 $9,491,821 $1,870,220 $31,240,867 Wastewater $7,470,663 $330,600 $370,600 $1,425,600 $1,375,600 $10,973,063 Stormwater $130,000 $1,054,000 $190,200 $0 $0 $1,374,200 Total $17,885,407 $12,789,304 $9,709,894 $12,383,421 $4,568,420 $57,336,446 Project Budget
Agenda Item #7.1.

Breakdown of Projects – FY24 & FY25
5 • Note: Need nearly 11 FTE just
for design
FY24 FY25 Total
Design $4,257,160 $3,120,000 7,377,160
CM $544,309 $1,936,204 2,480,513
Construction $12,268,838 $7,051,500 19,320,338
Contingency $668,100 $681,600 1,349,700
Total $17,738,407 $12,789,304 30,527,711
FY24 FY25
Design Budget $4,257,160 $3,120,000
Avg $/hr $180 $180
Hours/FY 23,651 17,333
People/FY 11.4 8.3
Agenda Item #7.1.

Program Highlights
6 Agenda Item #7.1.

Program Highlights
7 Agenda Item #7.1.

Program Highlights
8 Agenda Item #7.1.

Strategies to Deliver
9 Agenda Item #7.1.

Summary
• Aggressively Ambitious ADOPTED Program:
• FY24 = $17.9M; FY25 = $12.8M
• FY24 = $15.1M actively engaged
• FY24 – 43 Projects Scheduled; 33 Active; 10 Projects not started 10 Agenda Item #7.1.

Questions?
11 Agenda Item #7.1.

City of St. Helena
2 nd Reading for Code Updates
Water Service Ownership
Sewer Service Ownership
Sidewalk Ownership
By: Joe Leach, PE
Director of Public Works
Public Works Department February 13, 2024 1
Agenda Item #7.2.

Summary Action
2 ItemProperty
Owner
City
Water Service Upstream meter box Main, service line, meter, meter box Sewer Service Lateral in btwn main & structure (in
street and on private property)
Main & wye (i.e. connection of
lateral)
Sidewalk Entire frontage Select locations (e.g. Main Street) Agenda Item #7.2.

Details
3 Agenda Item #7.2.

Subsequent Action
• Update of Section 12.08.020 regarding property owner
responsibility to clean debris, etc. to centerline of street. • Per Section 12.08.100, adoption of Resolution denoting the addresses wherein City maintains sidewalk (e.g. Main Street). • Update of Section 12.08.110 clarifying when a licensed land surveyor is required to provide line/grade for frontage improvements.
• Update of Section 12.08.150 regarding responsibility of property owner for street repair to centerline of street.
4 Agenda Item #7.2.

StH Municipal Code Update
Water, Sewer & Sidewalks
Questions?
5 Agenda Item #7.2.

Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Finance
DATE: February 13, 2024
FROM: Martin Beltran, Senior Management Analyst
SUBJECT: Quarterly Grant Report for FY 2024 Q2 for the reporting period ending December 31, 2023.

GOAL: Goal 1: Strengthen Financial Sustainability, Goal 4:

Provide Effective Community Information & Opportunities for Engagement

RECOMMENDED
ACTION:

Receive and file report.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
PURPOSE:

To provide an update on grant activity for FY 2024 through December 31, 2023.

FINANCIAL IMPACT: None.

BACKGROUND:

This report covers grant activity for the 2nd Quarter of Fiscal Year (FY) 2024.

DISCUSSION:

New Awarded Grant Applications in FY 2024 2nd Quarter
The City of St. Helena received two (2) new grant award during 2nd Quarter of Fiscal Year 2024.

Agency Project Award
CDBG - Housing
Competitive (2022)
Housing Rehabilitation Program -
Single Family Residential $500,000
US Department of Justice Fiscal Year 2023 COPS Hiring
Program (CHP) $125,000
CDBG: Housing Rehabilitation Program - The funding will be used to continue the Owner-Occupied Rehabilitation (OOR) Program to assist low-income homeowners whose primary residence is in need of repairs, improvements, or reconstruction necessary to meet federal, state, or local building codes and for correction of all health and safety deficiencies. The program would be managed in collaboration with the Napa Housing Authority.

US Department of Justice: FY2023 COPS Hiring Program (CHP) - The Fiscal Year 2023 COPS Hiring Program (CHP) is a competitive award program designed to provide Agenda Item #10.1.

funding to hire and/or rehire additional career law enforcement officers in an effort to increase their community policing capacity and crime prevention efforts.

Applications Pending
The City currently has three (3) applications pending.

Agency Project Amount
CalOES - HMGP:

Emergency Backup Power
City Hall and Police
Department Emergency
Backup Power
$452,791
CDBG - Rental
Subsistence Program
Rental assistance for lowto moderate-income
households
$500,000
CDBG - Hunt's Grove
Parking Lot
Expansion and
improvements for Hunt's
Grove parking lot.
$200,000
CalOES HMGP: City Hall and Police Department Emergency Backup Power - Funding would be used to purchase and install emergency backup power for City Hall and Police Department that would provide provide sufficient power to an essential City facility both for emergency use and regular operations during power outages. The amount of $452,791 was requested in grant funding and $150,930 is the required City match.

CDBG: Public Services - Rental Subsistence Program - The City would partner would UpValley Family Centers to identify low- to moderate-income households that are in need of rental assistance.

CDBG: Hunts Grove Parking Lot Project - Funds will be used to expand and improve parking for Hunt's Grove Apartments to create space for an additional 12 parked cars.

The total amount of requested funding is $200,000. This project is currently on a waiting list.

Active Grants
The active grants are grant awards with signed agreements. The chart in Attachment 1 identifies the grant award, required match, and percent expended. Staff is currently managing approximately $8.0 million in active grant funds.

Agenda Item #10.1.

Closed Out Grants
Grants Project Award
Amount
Additional
Project
Funding
% Grant
Funds
Expended
Notes
Housing and
Community
Development
(HCD) - SB2
Planning
Grant
Updates to
current zoning
code in order
to implement
housing
policies and
directives
identified in the
General Plan
and in the
2015 Housing
Element.
$160,000 $159,900 100.0%
Project
completed in
October 2023.

Staff submitted
request for
reimbursement
of funds in
October 2023.

HCD - Local
Early Action
Planning
(LEAP) Grant
Housing
Element
update to
facilitate
compliance
with the 6th
Regional
Housing
Needs
Allocation
(RHNA) cycle.
$65,000 100.0%
Project
completed in
September
2023. Staff
submitted
Grant Close
Out Reporting
in December
2023.

Non-Profit Grant Funding
The FY 2023/24 grant application period closed on February 24, 2023. City staff received 22 applications for a total of $239,317 in funding requests. The Council working group, consisting of Mayor Dohring and Vice Mayor Hall, met on March 24, 2023, to review the applications and made funding recommendations. Funding recommendations were presented to City Council at the budget workshop meeting on May 23, 2023.

A total of 19 non-profit grant applications were approved for the FY 2023/24 grant period for a total of $140,000. The chart in Attachment 2 identifies the grant type, grantee, project description, award amount, and percent expended as of December 31, 2023.

A total of $90,000 in direct funding was allocated to the Boys and Girls Club, Rianda House, and UpValley Family Centers outside of the Non-Profit Grant Program. The Agenda Item #10.1.

recommended funding modifications were made to keep the overall contributions at current levels of approximately $230,000 with the Boys and Girls Club, Rianda House and UpValley Family Centers receiving an allocation of $30,000 each.

ENVIRONMENTAL REVIEW: None.

DOCUMENTS ATTACHMENTS:

Attachment 1: Active Grants Q2 FY2024
Attachment 2: Non-Profit Grant Activity
Agenda Item #10.1.

Active Grants
Grant Project Award
Amount
Additional
Project
Funding
% Grant
Funds
Expended
Notes
Bulletproof Vest
Partnership
Purchase of 4 Bulletproof
Vests $2,956 98.0%
3 of 4 bulletproof vests have
been purchased.

California
Department of
Forestry and Fire
Protection -
Volunteer Fire
Capacity (VFC)
Program
Cost-share funds awarded to
provide assistance to rural
areas in upgrading their
capability to organize, train,
and equip local forces for fire
protection. $17,555 - 0.0%
Grant agreement was
authorized during 11/14/2023
City Council meeting. Next
steps include procurement of
communications and safety
equipment.

CalOES - HMGP
Defensible
Space/Fuel
Management
Phase I - Defensible Space
and Hazardous Fuels
Reduction $122,250 - 65.0%
Staff and Consultant completed
the tasks outlined in Phase I.

The deliverables were
submitted to FEMA on 6/16/23
for review and approval. Staff
received a Request for
Information (RFI) on 11/1/23.

CalOES - HMGP:

Emergency Backup
Power
City Corporation Yard and
Crinella Pump Station $302,931 $100,977 46.2%
CalOES approved the City's
budget amendment request for
additional funding.The revised
project cost is $403,908 and
City's 25% non-Federal share is
$100,977.

CalOES - HMGP:

Wastewater
Treatment Plant
Backup Power
Wastewater Treatment Plant
Emergency Backup Power $1,199,542 $399,848 49.2%
CalOES approved the City's
budget amendment request for
additional funding.The revised
project cost is $1,599,390 and
City's 25% non-Federal share is
$399,848.

CDBG-CV1 -
Childcare
Scholarship Program
Provide childcare scholarships
to income qualified families. $74,484 - 100.0%
Reimbursement pending
closeout paperwork.

CDBG-CV2 & 3 -
Childcare
Scholarship Program
Provide childcare scholarships
to income qualified families. $0 - 0.0%
An Amendment was approved
to reallocate funds from the
Child Care Scholarship Program
to the Utility Assistance
Program.

CDBG-CV2 & 3 -
Utility Assistance
Program
Provide utility assistance to St.

Helena Residents. $271,053 - 55.0%
HCD approved a Revision to
extend the assistance to up to
six months and increase the
maximum dollar amount to
$3,000 per eligible household.

Staff submitted a time only
extension to extend the grant
deadline until 10/31/2024.

CDBG - Public
Services
Community Wellness and
Mental Health Program $498,281 - 0.0%
Aldea and City staff met with
HCD representatives to kick-off
the program. Aldea is in the
process of program planning
and staff preparation and expect
to submit an invoice for
reimbursement in January 2024.

CDBG - Economic
Development Business Assistance Program $500,000 - 42.0% Two business loans have been
awarded. Staff is working with
Consultant and Chamber of
Commerce to market available
loan funds to businesses
throughout the City.

CDBG - Sewer
Lateral Replacement
Project
Sewer Lateral Replacement
Project associated with
Downtown Streetscape $500,000 $ - 0.0%
Currently in planning phase.

Staff have been meeting to go
over the award in detail and
logistics including next steps

Agenda Item #10.1.

Active Grants
Grant Project Award
Amount
Additional
Project
Funding
% Grant
Funds
Expended
Notes
Department of
California Highway
Patrol - CTFGP
Grant
Cannabis Tax Fund Grant
Program (GTFGP) $146,419 - 30.0%
Vehicle purchase and training in
progress.

Department of Water
Resources (DWR)
Comprehensive Flood Control
Project $2,371,333 $20,000,000 100.0%
The $237,148 retention was
received in December 2022.

Retention was held until
Conservation Easement was
completed.

Friends &
Foundation
Enhancements for Library (PT
Staff, Spanish/Youth/Adult
Programs, Materials, Elsie the
Cat, Supplies) $140,000 - 50.3%

HCD - HOME
Investment
Partnership Program:

Program
Funding to continue the OwnerOccupied Rehabilitation
Program. $500,000 - 0.0%
Housing Authority is working
with applicants for project
approval
State of CA -
Department of
Alcoholic Beverage
Control
Minor Decoy, Shoulder Tap,
and IMPACT Program. $20,000 - 0.0%
State of CA -
Department of
Justice
Funding for School Resource
Officer. $454,788 - 25.0%
State of CA -
Department of Parks
and Recreation
Funding to Replace Crane Park
Playground Equipment. $177,952 - 0.0%
Deadline to utilize funds has
been extended to 2028. After
review of RFP's and feedback
received from playground
professionals, staff is working
internally and in collaboration
with State granting office to
potentially modify project scope
to maximize the use of funds
and provide highest positive
impact to park facilities.

Upper Valley Waste
Management
Money Way Waste/Recycling
Consolidation Project $120,000 - 0.0% Project is in the Design Phase US Department of
Justice
FY 2023 Body-worn Camera
Policy and Implementation
Program to Support Law
Enforcement Agencies $34,000 $ - 10.0%
Staff received quotes from
vendors and are preparing a
staff report for 2/24/24 City
Council meeting for purchase
authorization.

US Department of
Justice
Fiscal Year 2023 COPS Hiring
Program (CHP) $125,000 $ - 10.0%
New hire currently attending
Police academy.

Agenda Item #10.1.

FY 2023/24 Non-Profit Grant Funding
Grantee Project Description Award Amount Amount
Expensed
Percent
Expended
Cafeteria Kids
Theater
Summer Drama in St.

Helena $1,000 - 0%
Festival Napa Valley How I see Music
Education Program $8,000 - 0%
Friends of the
Cameo Faces of St. Helena $8,500 - 0%
Music in the
Vineyards MITV Connects $3,000 - 0%
Napa Valley College
DAS Foundation Viva Mariachi! St. Helena $5,000 - 0%
Nimbus Arts
Dia de los Muertos
Community Celebration,
free Teen Tuesday art
program, Harvest Festival
and St. Helena Holiday
Event
$20,000 - 0%
Rianda House Visit Me Today $7,500 - 0%
St. Helena
Cemetery
Association
St. Helena Cemetery
Chinese Monument
Project
$10,000 $4,500 45%
St. Helena
Community Band
St. Helena Community
Band Yearly
Performances
$10,000 - 0%
St. Helena
Community Garden
St. Helena Community
Garden Supplies $2,500 - 0%
St. Helena
Cooperative Nursery
School
St. Helena Cooperative
Nursery School $7,000 - 0%
St. Helena Farmers
Market Market Match Program $9,000 $9,000 100%
St. Helena Historical
Society
Educational Lecture
Series and Cemetery
Tour
$10,000 - 0%
St. Helena Little
League
SHLL Uniforms &
Equipment $5,000 - 0%
St. Helena
Preschool for All
St. Helena Preschool for
All Scholarships $12,000 - 0%
Sustainable St.

Helena
St. Helena Redwood
Forest $5,000 - 0%
The White Barn Napa Valley Puppet
Festival $3,000 - 0%
Upstage Napa
Valley
3rd Annual Upstate NV
Playwright Festival
(Playfest 2023)
$6,000 - 0%
Upvalley Family
Centers of Napa
County
Ninos Activos / Active
Kids | Bilingual
Playgroups
$7,500 - 0%
Totals $140,000 $13,500 9.6%

Agenda Item #10.1.

Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Administration
DATE: February 13, 2024
FROM: April Mitts, Assistant City Manager
SUBJECT: Consideration and Proposed Approval of a Resolution Confirming City Council's Intent for Use of Affordable
Housing Trust Fund Monies for the Our Town St. Helena's Affordable Housing Project Located at 963 Pope Street.

GOAL: Goal 5: Enhance Quality of Life

RECOMMENDED
ACTION:

Approve the attached Resolution.

PREVIOUS COUNCIL
ACTION:

August 27, 2019 - Resolution 2019-106
February 8, 2022 - Resolution 2022-10
August 8, 2023 - Resolution 2023-104

STATEMENT OF THE
PURPOSE:

Confirm City Council's Intent for use of Affordable Housing Trust Funds.

FINANCIAL IMPACT: If the City Council does not affirm the intent, $101,980.20 will be returned to the City and placed back into the
Affordable Housing Trust Funds.

BACKGROUND:

On August 27, 2019, City Council authorized via Resolution 2019-106 (Attachment 1) a loan from the Affordable Housing Trust Fund to Our Town St. Helena (OTSH) to assist with the acquisition of a property located at 963 Pope Street (property). The purchase price of the property was $850,000 for a 0.29-acre lot, zoned medium-density residential, with a 2-bedroom 1-bath house located near the front portion of the property. The property will be used solely for the use, operation, and development of affordable housing by constructing four additional units on the back half of the property for moderate- to low-income rental tenants.

On September 10, 2019, the City and OTSH entered into a Housing Trust Fund Loan Agreement in the amount of $450,000 with zero percent interest, which funds were used to assist in the acquisition of the property.

On February 8, 2022, City Council authorized via Resolution 2022-10 (Attachment 2) a permanent loan from the Affordable Housing Trust Funds and Measure E in the amount of $250,000 for the development of the property, however, these funds were never disbursed.

On August 8, 2023, City Council authorized via Resolution 2023-104 (Attachment 3) a loan in the total principal amount of $1,000,000 from the Affordable Housing Trust Agenda Item #10.2.

Funds (Funds 751 and 752) to OTSH for the development of the property. The resolution explained the total principal amount represented the initial loan in the amount of $450,000, and an additional $550,000 for re-payment of a separate loan from from the Rural California Assistance Corporation. It further explained that the $250,000 authorized on August 8, 2023 is included in the additional $550,000 amount.

Additionally, the Resolution authorized and directed the City Manager to execute an Amended Loan Agreement and to execute all documents and carry out such actions as necessary to make the loan and carry out Council's direction as set forth in the Resolution.

DISCUSSION:

On December 29, 2023, the City received the final closing statement from Placer Title for the additional funds authorized on August 8, 2023 (Attachment 4). The final statement shows the additional loan proceeds from the City in the amount of $550,000 but the loan payoff to Rural Community Assistance Corporation (RCAC) was only $445,898.80. The statement also reflected title charges and recording fees in the amount of $2,121.80, leaving an excess balance of $101,980.20 to be disbursed.

Staff now seeks direction from City Council on whether the excess balance of $101,980.20 shall be disbursed to OTSH for development and/or construction costs associated with the Project, or if the authorization in Resolution 2023-104 was limited to repayment of the RCAC loan.

Resolution No. 2023-104 specifies the loan in the total principal amount of $1,000,000 (including the $450,000 in funds already disbursed) is for the development of the property in accordance with the term sheet provided as an attachment to the Resolution.

The Term Sheet (Attachment 1 to Resolution No. 2023-104) specifies, among other things, that OTSH will use the additional $550,000 (above the $450,000 already disbursed) to repay RCAC for interest-bearing acquisition loan.

Due to the inconsistent language identified, staff is seeking confirmation from City Council on the use of the remaining balance being held in escrow.

Based on the language in the Resolutions, it is staff's impression City Council's intent is that the remaining funds can be released to OTSH for the continued development of the property as noted in Resolution No. 2022-10 and Resolution No. 2023-104. Thus, staff seeks authorization of the proposed resolution to confirm this intent, and execute a First Amendment to the Amended and Restated Affordable Housing Loan Agreement or other instruments reasonably necessary to authorize that use of the excess proceeds for development and construction activities for the project.

ENVIRONMENTAL REVIEW: None
Agenda Item #10.2.

DOCUMENTS ATTACHMENTS:

Attachment 1 - Resolution No. 2019-106
Attachment 2 - Resolution No. 2022-10
Attachment 3 - Resolution No. 2023-104
Attachment 4 - FINAL STMT-Placer Title
Attachment 5 - Resolution Confirming Use of Funds
Attachment 6 - 963 Pope City Loan Memo_2.6.24 from OTSH Agenda Item #10.2.

CITY OF ST. HELENA
RESOLUTION NO. 2019- 106
Resolution of the City Council of the City of St. Helena approving and authorizing the City Manager to execute, enter into and carry out the terms of a Loan Agreement between the City of St. Helena and Our Town St. Helena in an amount not to exceed 450,000 from the Affordable Housing Trust Fund ( 751) and Measure E Fund (752) for the acquisition of property located at 963 Pope Street, St. Helena, California APN 009-090-012-000; 009-090-013-000)
A. On August 13, 2019, the City Council considered the request of Our Town St. Helena, a California non- profit public benefit corporation ("OTSH"), for a loan of four hundred fifty thousand and 00/ 100 dollars ($ 450,000.00)(the " Loan") from the City's Housing Trust Fund ( 751) and Measure E Fund ( 752) to assist with the acquisition of real property located at 963 Pope Street, St. Helena, California (APN 009-090-012-000; 009-090-013-000)("Property"); and
B. After considerable discussion regarding OTSH' s request, and in recognition of the representation by OTSH that the date for close of the transaction related to the purchase and sale of the Property was set for September 3, 2019, the City Council directed staff to return to the City Council at its next regular meeting of August 27, 2019, with documentation for its consideration that would provide OTSH with the req uested Loan for acq uisition of the Property, now, therefore

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

1. Authorizing the Loan Agreement for the acquisition of 963 Pope Street is governed by Section 15310 of State CEQA Guidelines which exempts the approval of mortgages for the purchase of existing structures where the loan will not be used for new construction. As provided in the Loan Agreement the monies advanced by the City may only be used for the acquisition of the Property and may not be used for any development activity. Accordingly, the approval of the Loan Agreement is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to State CEQA Guidelines Section 15310, which exempts "mortgages for the purchase of existing structures where the loan will not be used for new construction".

2. The City Council hereby authorizes the City Manager to execute, enter into and carry out the terms of the Loan Agreement, and all documents appended thereto, between the City of St. Helena and Our Town St. Helena in an amount not to exceed $ 450,000 from the Affordable Housing Trust Fund ( 751) and Measure E Fund ( 752) for the acquisition of property located at 963 Pope Street, St. Helena, California ( APN 009-090-012-000; 009-090-013-000), inclusive of such revisions Agenda Item #10.2.

and corrections thereto as may be approved by the City Manager and City Attorney which do not increase the obligations nor impair the rights of the City thereunder.

Approved at a Regular Meeting of the St. Helena City Council on August 27, 2019 by the following vote:

Mayor Ellsworth: Yes
Vice Mayor pohring: Yes
Councilmember Chouteau: Yes
Councilmember Knudsen: Yes
Councilmember Koberstein: Yes
APPROVED: ATTEST:

C
Geoff Ellsworth Mayor Cindy T o ou s, ity Clerk
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Agenda Item #10.2.

CITY OF ST. HELENA
RESOLUTION NO. 2022-10

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ST. HELENAAUTHORIZING:(1) A PERMANENTLOANTO
OUR TOWN ST. HELENA (OTSH) IN AN AMOUNT OF
$250,000 FOR THE DEVELOPMENT OF 963 POPE
STREET; (2) USE OF MEASURE E - AFFORDABLE
HOUSINGTRUST FUNDS (FUND 752) FOR THIS LOAN;
AND (3) THE CITY MANAGER TO EXECUTE ALL
NECESSARY DOCUMENTSFOR THIS LOAN.

WHEREAS, On August 27, 2019, the City Council authorized a loan from the Affordable Housing Trust Fund to Our Town St. Helena (OTSH) to assist with the acquisition of a property located at 963 Pope Street. The purchase price of the property was $850,000 for a 0.29-acre lot, zoned medium-density residential, with a 2-bedroom 1- bath house located near the front portion of the property. The property willbe used solely for the use, operation, and development of affordable housing by constructing four additional units on the back half of the property for moderate-to low-incomerental tenants; and WHEREAS, The City and OTSH entered into a Housing Trust Fund Loan Agreement dated September 10, 2019, in the amount of $450,000 with zero percent interest, which funds were used to assist in the acquisition of the property; and WHEREAS, OTSH is currently leasing the existing unit on the property to a moderate income household, and desires to develop an additional four new units on the site to be leased to low income households; and
WHEREAS, Borrower is in the process of seeking construction and permanent financing forthe construction and future operation of the New Units as affordable housing.

Borrower has requested, and City desires to provide, an additional long term loan of Two Hundred FiftyThousand Dollars ($250,000.00) from the Affordable Housing Trust Fund to assist with the construction and development of the New Units subject to certain terms and conditions as agreed to between the parties; and

NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCILOF THE CITY OF ST. HELENAAS FOLLOWS:

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

SECTION 2. The City Council of the City of St. Helena hereby approves a permanent loan agreement of $250,000 from the Affordable Housing Trust Fund to Our Town St. Helena forthe development forfour new affordable housing units on the property Agenda Item #10.2.

referenced above, pursuant to the terms and conditions set forth in the Affordable Housing Trust Fund Permanent Loan Agreement (the “Loan Agreement") provided in the staff materials provided to Council concurrently with this Resolution..

SECTION 3. The City Manager is authorized to execute the Loan Agreement and to execute all documents and carry out such actions as necessary to make the loan and carry out Council's direction as set forth herein.

SECTION 4. The City Council of the City of St. Helena Hereby authorizes an appropriation of $250,000 in FY2022-23 to the Affordable Housing Trust Fund to make the loan as set forth herein.

Approved at a Regular Meeting of the St. Helena CityCouncil on February 8, 2022, by the following vote:

Mayor Geoff Ellsworth: Yes
Vice Mayor Paul Dohring: Yes
Council Member Anna Chouteau: Yes
Council Member Lester Hardy: Yes
Council Member Eric Hall: Yes
APPROVED: ATTEST:

C :21 «W
Cindy Tza oulos, City Clerk
Agenda Item #10.2.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ST. HELENA AUTHORIZING: (1) A LOAN TO OUR TOWN
ST. HELENA (OTSH) INA TOTAL AMOUNTOF $1,000,000
FOR THE DEVELOPMENT OF 963 POPE STREET; (2) USE
OF MEASURE E — AFFORDABLE HOUSING TRUST
FUNDS (FUND 751 AND FUND752) FOR THIS LOAN; AND
(3) THE CITYMANAGER TO EXECUTE ALL NECESSARY
DOCUMENTS FOR THIS LOAN.

WHEREAS, On August 27, 2019, the City Council authorized a loan from the Affordable Housing Trust Fund to Our Town St. Helena (OTSH) to assist with the acquisition of a property located at 963 Pope Street. The purchase price of the property was $850,000 for a 0.29—acre lot, zoned medium-density residential, with a 2-bedroom 1- bath house located near the front portion of the property. The property willbe used solely for the use, operation, and development of affordable housing by constructing four additional units on the back half of the property for moderate—tolow-income rental tenants; and
WHEREAS, The City and OTSH entered into a Housing Trust Fund Loan Se tember 10 2019 in the amount of $450,000 with zero percent uisition of the property; and
existing unit on the property to a
p an additional four new units on the
ditional commitment to provide an
usand Dollars ($250,000.00) from the
construction and development of the
s agreed to between the parties; and
increase its loan for the prop sed
rs ($1,000,000.00), comprised of the
550,000. This loan would supersede

THE CITY COUNCIL OF THE CITY
Agreement dated p , ,
interest, which funds were used to assist in the
WHEREAS, OTSH is currently leasing t
moderate income household, and desires to de
ve
lo
site to be leased to low income households; an
d
WHEREAS, City previously made an a
additional long term loan of Two Hundred Fifty
Affordable Housing Trust Fund to assist with t
New Units subject to certain terms and conditio
ns
a
WHEREAS, OTSH has requested that
development to a total amount of One Million
original $450,000 loan, and an additional loan 3
3 the prior commitment to provide an additional $
2 5
0 NOW, THEREFORE BE IT RESOLVED
OF ST. HELENAAS FOLLOWS:

R
E
S
O
L
U
T
I
O
N
NO. 2023-104
C
I
T
Y
OF ST. HELENA Agenda Item #10.2.

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

SECTION 2. The City Council of the City of St. Helena hereby approves a l in the total principal amount of $1,000,000 (including those loan funds already disbu rsed) from the Affordable Housing Trust Funds (Funds 751 and 752) to Our Town St. for the development of a five unit affordable housing development at 963 Pope Str eet
in
accordance with the term sheet attached hereto at Attachment No. 1, and direct s
C
it
y
staff, in consultation with the City Attorney, to prepare an amended and restated l o
a
n
agreement consistent with the attached term sheet (the “Loan Agreement”).

SECTION 3. The City Manager is authorized and directed to execute an Am end
ed
Loan Agreement and to execute all documents and carry out such actions as nece ssar
y
to make the loan and carry out Council’s direction as set forth herein.

SECTION 4. The City Council of the City of St. Helena Hereby authoriz es
an
appropriation of $300,000 in FY 2023-24 to Fund 752 Measure E (Affordable Ho usi
ng)
Fund and $250,000 in FY 2023-24 (authorized via Resolution 2022-10) to Fun d
7 5
1 Affordable Housing Trust fund on to make the loan as set forth herein.

Approved at a Regular Meeting of the St. Helena City Council on August 8, by the following vote:

Mayor Paul Dohring: YES
Vice Mayor Eric Hall: YES
Council Member Anna Chouteau: YES
Council Member Lester Hardy: YES
Council Member Billy Summers: YES
APPROVED:
i?{w..
—,,:/3%;
Paul Jamison Dohring, Mayor
Agenda Item #10.2.

ATTACHMENT NO. 1
963 Pope Street
- Term Sheet
Loan Agreement to Replace and Supersede City Acquisition Loan Agreement Parties to Agreement
I City of St Helena, ”Lender”
I Our Town St Helena (OTSH),”Borrower”
I Assumable by future LLC(to be formed by Napa Valley Community Housing [NVCH]as administrative member; OTSH as managing member, pursuant to Memorandum of Understanding and Option to Purchase Agreement between OTSHand NVCH) SubiectProperty l”Property”l
I 963 Pope Street, St. Helena
I Assessor's Parcel Number 009-090-069 (August 2021 merger of prior APNs 009-090-012 & -013)
Agreement Type
I Affordable Housing Trust Fund Acquisition Loan, to be converted to Permanent Loan upon satisfaction of certain conditions precedent
I Secured by Deed of Trust, Promissory Note
Loan Amount
I S1,000,000
I Includes existing $450,000 temporary acquisition loan and supersedes $250,000 permanent loan commitment
Loan Terms
I Acquisition Loan:
0 Additional $550,000 (above the $450,000 already disbursed) willfund prior to October 1, 2023
I Borrower will use $550,000 to repay Rural California Assistance Corporation 0 Repayment of Acquisition Loan due 1 year from effective date of Loan Agreement unless converted to permanent financing; option to extend 1 year upon Borrower's request provided Borrower demonstrates good faith efforts to close the construction financing on the Project, with City Manager's approval o Full$1M Acquisition Loan will convert to permanent loan upon Borrower's fulfillment of Conditions Precedent I Permanent loan: o Term: 55 years from effective date of Loan Agreement (runs concurrently with affordability covenants) o Loan is forgiven at end of term Agenda Item #10.2.

Interest Rate
I Zero percent
Other Loan Agreement Provisions
I Lender will agree to subordinate posi
tion
and HOME other lenders loan, required to(e.g., if
Poppy Bank)
I Lender will agree to enter into a RH
NA
with subject Napa County agreement to
h
ar
in
g
County providing a loan to the project
Conditions Precedent to Conversion to P
e
r
Loan
I Loan willconvert to permanent upon financing construction close I Borrower will enter into a new regula
tory
with (2same restrictions very lowrent agree
ment income units; 2 low income units; 1 unit), income years from 55reset toeffective date of Loan Agreement
Agenda Item #10.2.

BORROWER(S) FINAL CLOSING STATEMENT
File Number:

Property:

Close Date:

Borrower(s):

Placer Title Company
963 POPE STREET
SAINT HELENA, CA 94574 (NAPA)
(009-090-069-000)
OUR TOWN ST. HELENA, A CALIFORNIA NON PROFIT PUBLIC BENEFIT

CORPORATION
1250 Church Street
Saint Helena, CA 94574
5 Financial Plaza, Suite 101
Napa, CA 94558
(707) 346-6940
Type: Refinance / Loan
P-537559
12/29/2023
Certified True and Correct Copy
Placer Title Company
Description P.O.C. Debit Credit
Deposits, Credits, Debits
Additional Loan Funding from City of St. Helena $550,000.00 Payoffs
Payoff to Rural Community Assistance Corporation $445,898.80 Principal: $443,918.00
Interest, 12/28/2023 to 12/30/2023 @$67.82/day: $135.64 Wire Fee: $14.00
Interest on Statement: $1,831.16
Title Charges
Title - Lender's coverage $1,000,000.00 Premium $835.00 to Placer Title Company $835.00 Title - ALTA 8.1-06/CLTA 110.9-06 (06/17/06) Environmental Protection Lien Endorsement(s) to Placer Title Company $0.00 Title - ALTA 9-06/CLTA 100.2-06 Restrictions, Encroachments, Minerals (04-02-12) Endorsement(s) to Placer Title Company $0.00 Title - ALTA 9.6.1-06 Private Rights Endorsement(s) to Placer Title Company $100.00 Title - ALTA 17-06/CLTA 103.11-06 (Access & Entry - Lenders) Endorsement(s) to Placer Title Company $100.00 Title - ALTA 18-06/CLTA 129-06 Single Tax Parcel (L) Endorsement(s) to Placer Title Company $100.00 Title - ALTA 37-06/CLTA 104.6-06 Assignments of Rents/Leases Endorsement(s) to Placer Title Company $100.00 Title - ALTA 39-06/CLTA 142-06 (Lenders - Policy Authentication) Endorsement(s) to Placer Title Company $0.00 Title - Settlement or closing fee $600.00 to Placer Title Company $600.00 Title - Funds Held Fee to Placer Title Company $100.00
Government Recording and Transfer Charges
RCAC - Building Homes and Jobs Act Fee $150.00 to Napa County Recorder $150.00 Recording Fee RCAC Reconveyance $36.00 to Napa County Recorder $36.00 Additional Settlement Charges
Holdback Excess Loan Proceeds to Placer Title Company $101,980.20 Totals $550,000.00 $550,000.00
Balance Due FROM Borrower: $0.00
File Number: P-537559 1 of 1
Agenda Item #10.2.

CITY OF ST. HELENA
RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ST. HELENA CONFIRMING CITY COUNCIL’S INTENT

FOR USE OF AFFORDABLE HOUSING TRUST FUND
MONIES FOR OUT TOWN ST. HELENA’S AFFORDABLE
HOUSING PROJECT LOCATED AT 963 POPE STREET.

WHEREAS, On August 27, 2029, City Council authorized via Resolution 2019- 106 a loan from the Affordable Housing Trust Fund to Our Town St. Helena (OTSH) to assist with the acquisition of a property located at 963 Pope Street (property). The purchase price of the property was $850,000 for a 0.29-acre lot, zoned medium-density residential, with a 2-bedroom 1-bath house located near the front portion of the property. The property will be used solely for the use, operation, and development of affordable housing by constructing four additional units on the back half of the property for moderate- to low-income rental tenants; and
WHEREAS, On September 10, 2019, the City and OTSH entered into a Housing Trust Fund Loan Agreement in the amount of $450,000 with zero percent interest, which funds were used to assist in the acquisition of the property; and WHEREAS, On February 8, 2022, City Council authorized via Resolution 2022- 10 a permanent loan from the Affordable Housing Trust Funds and Measure E in the amount of $250,000 for the development of the property, bringing the total loan amount to $750,000; and
WHEREAS, On August 8, 2023, City Council authorized via Resolution 2023-104 a loan in the total principal amount of $1,000,000 (including those loans already disbursed - $450,000) from the Affordable Housing Trust Funds (Funds 751 and 752) to OTSH for the development of the property. Additionally, the Resolution authorized and directed the City Manager to execute an Amended Loan Agreement and to execute all documents and carry out such actions as necessary to make the loan and carry out Council's direction as set forth in the Resolution; and WHEREAS, On December 29, 2023, the City received the final closing statement from Placer Title for the additional funds authorized on August 8, 2023. The final statement shows the Loan from the City in the amount of $550,000 (the difference between the $450,000 already disbursed and the total amount of $1,000,000 authorized), the loan payoff to Rural Community Assistance Corporation (RCAC) in the amount of $445,898.80, and title charges and recording fees in the amount of $2,121.80, leaving a balance of $101,980.20 to be disbursed; and Agenda Item #10.2.

WHEREAS, Regarding the amount remaining in escrow, during the closing process staff identified inconsistent language between the resolutions (2022-10 and 2023-104) and the attachment to Resolution 2023-104 in regards to the use of the funds; and
WHEREAS, City Council confirms the funds remaining in escrow can be used for the development of the affordable housing project located at 963 Pope Street.

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

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

SECTION 2. The City Council of the City of St. Helena hereby confirms the remaining balance of $101,980.20 being held in escrow can be released to Our Town St. Helena for the development of the affordable housing project located at 963 Pope Street, St. Helena, CA 94574.

SECTION 3. The City Manager is authorized to execute a First Amendment to the Amended and Restated Affordable Housing Loan Agreement or other instruments reasonably necessary, including amended escrow instructions, in a form approved by the City Attorney, to authorize use of the City loan for development and construction activities for the Project.

Approved at a Regular Meeting of the St. Helena City Council on February 13, 2024, by the following vote:

Mayor Paul Dohring: ____
Vice Mayor Eric Hall: ____
Council Member Anna Chouteau: ____
Council Member Billy Summers: ____
APPROVED: ATTEST:
______________________ ________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #10.2.

P.O. Box 94 St Helena, CA 94574
www.ourtownsthelena.org
February 6, 2024
TO: Mayor and Members of the St Helena City Council
FROM: Jennifer La Liberte, Executive Director
SUBJECT: Affordable Housing Trust Funds Use
Our Town St Helena (OTSH) is very appreciative of the Council’s support for and staff’s assistance with providing a $1 million permanent loan from the Affordable Housing Trust Fund to the 963 Pope Street Project. Generally, a permanent loan is secured by a property after the development is complete, and it is used to repay construction loans and other temporary financing. In the case of affordable housing development, local government loans are usually considered “soft loans” and are recorded on the construction (temporary) and permanent sides of the financing ledger which is helpful for securing hard loans. OTSH has been relying on the full $1M commitment from the City for its temporary-to-permanent financing stack and would appreciate the Council’s affirmation of staff’s recommendation. Absent that, OTSH would have to raise an additional $102K for its temporary financing.

Agenda Item #10.2.

Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Human Resources
DATE: February 13, 2024
FROM: Mandy Kellogg, Administrative Services Director
SUBJECT: Consideration and proposed adoption of a Resolution authorizing Amendment No. 4 to STH Contract: FY2023-
002 in the amount of $55,000 to the Professional Services Agreement with Regional Government Services (RGS) for
human resources assistance for a total amount not-toexceed $221,200.

GOAL: Goal 6: Improve Employee Recruitment, Retention, & Morale, Goal 7: Enhance Organizational Effectiveness

RECOMMENDED
ACTION:

Approve the attached resolution.

PREVIOUS COUNCIL
ACTION:

September 13, 2022 - Approval of Amendment No. 1
December 13, 2022 - Approval of Amendment No. 2
August 22, 2023 - Approval of Amendment No. 3

STATEMENT OF THE
PURPOSE:

The purpose is to continue services from Regional
Government Services (RGS) to augment human resources
support for the City of St. Helena.

FINANCIAL IMPACT: The financial impact for the contract amendment is $55,000, which is available in the FY 2023-24 Operating Budget and does not require use of reserves.

BACKGROUND:

The Human Resources Division of the Administrative Services Department is responsible for a wide range of functions, which include recruitments, managing employee relations, benefits administration, FMLA/medical leaves of absence, performance management and training, and ensuring compliance with labor laws and regulations. The Human Resources Division has experienced intermittent staffing shortages since May 2022.

On August 5, 2022, the City Manager executed a contract with Regional Government Services (RGS) for an amount not to exceed of $25,000 to assist with some immediate needs in human resources. RGS is a JPA established in 2002 to provide organizational services to California public agencies. RGS has extensive human resources experience in California public agencies and provide a variety of human resources consulting services.

On September 13, 2022, City Council approved Resolution 2022-81 authorizing Amendment No. 1 to the agreement for an additional $50,000, with a total contract Agenda Item #10.3.

amount not to exceed $75,000 to continue providing services during the staffing vacancies.

On December 13, 2022, City Council approved Resolution 2022-110 authorizing Amendment No. 2 to the agreement for an additional $41,200, with a total contract amount not to exceed $116,200 to provide additional services related to implementation of an online human resources platform associated with recruiting and onboarding new employees.

On August 22, 2023, City Council approved Resolution 2023-110 authorizing Amendment No. 3 to the agreement for an additional $50,000, with a total contract amount not to exceed $166,200 to provide ongoing Human Resources Management consulting services related to leave management.

DISCUSSION:

The City continues to have a need for ongoing human resources support related to leave management and policy development and desires to expand the scope of the Professional Services Agreement that was executed with RGS. RGS will provide immediate ongoing Human Resources Management consulting services, which include ad hoc consultation and initiation of work on identified priority projects, including but not limited to:
 Provide professional human resources expertise regarding best practice to facilitate the effective and compliant administration of City’s human resources policies and practices.
 Analyze a variety of information and recommend appropriate management action; provide written documentation of analysis and recommendations as needed.
 Draft specific documentation relevant to resolving a range of personnel issues; facilitate meetings and coach supervisors on conducting sensitive personnel conversations.
 Draft required management communications to employees and facilitate effective interpersonal skills and relationship building.
 Develop and/or update human resources administrative policies, procedures, forms and templates as needed to develop an effective and compliant system of human resources management practices and personnel transactions.  Confer with staff as requested to obtain input and/or feedback regarding policy and procedure recommendations; or to obtain information relevant to the resolution of personnel issues.

Staff is recommending an amendment to the agreement for an additional $55,000, with a total contract amount not to exceed $221,200.

ENVIRONMENTAL REVIEW: None.

Agenda Item #10.3.

DOCUMENTS ATTACHMENTS:

Resolution RGS Contract Amendment
Amendment No. 4 RGS Contract HR Services
Agenda Item #10.3.

CITY OF ST. HELENA
RESOLUTION NO. 2024 -
Authorizing the City Manager to Execute Amendment No. 4 to STH Contract: FY2023-002 in the amount of $55,000 to the Professional Services Agreement with Regional Government Services (RGS) for human resources assistance for a total amount not to exceed $221,200.

RECITALS
A. The Human Resources Division of the Administrative Services Department is responsible for a wide range of functions, which include recruiting for vacant positions and onboarding new employees; and
B. The City currently has one approved vacant position in the Human Resources Division; and
C. The City contracted with Regional Government Services (RGS) to provide temporary assistance with human resources management and RGS has demonstrated they have the necessary skills, abilities, and staff to help fulfill the ongoing needs for human resources management for a total amount not-to-exceed of $25,000; and D. On September 13, 2022, the City executed Amendment No. 1 to provide additional ongoing support for a total amount not-to-exceed of $50,000; and E. On December 13, 2022, the City executed Amendment No. 2 to expand the scope of the services provided to include the implementation of the NEOGOV recruiting and onboarding platforms for a total amount not-to-exceed $116,200; and F. On August 22, 2023, the City executed Amendment No. 3 to expand the scope of the services provided to include additional ongoing human resources support for an additional $50,000 for a total not to exceed $166,200; and G. The City of St. Helena and RGS now desire to execute an amendment to the agreement to expand the scope of the services provided to provide additional ongoing human resources support for an additional $55,000 and a total amount not to exceed $221,200.

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

Authorizes the City Manager to execute execute Amendment No. 4 to STH Contract:

FY2023-002 in the amount of $55,000 to the Professional Services Agreement with Regional Government Services (RGS) for human resources assistance for a total amount not to exceed $221,200.

Agenda Item #10.3.

Approved at a Regular Meeting of the St. Helena City Council on February 13, 2024, by the following vote:

Mayor Dohring: __________
Vice Mayor Hall: __________
Councilmember Chouteau: __________
Councilmember Summers: __________
APPROVED: ATTEST:
________________________ ________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #10.3.

AMENDMENT NO. 4
TO PROFESSIONAL SERVICES AGREEMENT WITH REGIONAL GOVERNMENT SERVICES (RGS):

STH CONTRACT NO: 2023‐002 FOR PROFESSIONAL SERVICES FOR HUMAN RESOURCES ADVISORY SERVICES.

This Amendment No. 4 to Agreement for Professional services is made effective on February 13, 2024, by and between the City of St. Helena, a municipal corporation ("City"), and Regional Government Services (RGS) ("Consultant").

RECITALS
A. On August 5, 2022, The City of St. Helena and RGS entered into an agreement for Human Resources Advisory Services; and
B. The City of St. Helena desired to continue utilizing RGS for on‐call services for human resources assistance; and
C. On September 13, 2022, the City of St. Helena and RGS amended the Agreement to provide additional ongoing services for an additional $50,000 for a total amount not‐to‐exceed $75,000; and
D. The City authorized a contract with NEOGOV to provide online platforms to streamline the recruiting and onboarding processes for the City, and that work is ongoing; and E. RGS has extensive experience with implementation and management of the NEOGOV platforms and has provided a scope of work to complete the implementation; and F. On December 13, 2022, the City of St. Helena and Regional Government Services amended the Agreement for an additional $41,200 for a total not to exceed $116,200 to assist with the NEOGOV implementation; and
G. On August 22, 2023. The City of St. Helena and Regional Government Services amended the agreement for an additional $50,000 for a total not to exceed $166,200 to provide on‐going human resources support.

H. The City of St. Helena desires to continue utilizing RGS for continued human resources assistance; and
I. The City of St. Helena and Regional Government Services now desire to amend the Agreement for an additional $55,000 for a total not to exceed $221,200 to provide continued human resources support.

DocuSign Envelope ID: 1554F944-12F6-4483-AE0B-CBC86163A857 Agenda Item #10.3.

AGREEMENT
NOW, THEREFORE In consideration of the promises and 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, is amended to read as follows:
“Total compensation shall not exceed $221,200…”
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:  _________________________________
Anil Comelo, City Manager
APPROVED AS TO FORM:
_____________________________________
Ethan Walsh, City Attorney
ATTEST:
______________________________________
City Clerk
DocuSign Envelope ID: 1554F944-12F6-4483-AE0B-CBC86163A857 Sophia Selivanoff
1/30/2024
Executive Director
Agenda Item #10.3.

RGS provides quality, innovative, cost-effective services exclusively to public agencies.

Main 650.587.7300 Fax 650.587.7311 P.O. Box 1350 Carmel Valley, CA 93924 www.rgs.ca.gov
AMENDMENT NO. 4 TO MANAGEMENT AND ADMINISTRATIVE

SERVICES AGREEMENT
This fourth amendment to the Management and Administrative Services Agreement between the CITY OF ST. HELENA (“Agency”) and Regional Government Services Authority, hereinafter called “RGS” is made and entered into this 24th day of January 2024.

RECITALS
The Agency and RGS entered into an Agreement for services dated August 5, 2022. This Amendment is entered into with reference to the following facts and circumstances:

A. Section 4.A, Compensation, is amended to increase the Not To Exceed (NTE) amount by $55,000, to a revised total of $221,200.

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

IN WITNESS WHEREOF, the parties hereto have caused this Additional Services Amendment to be executed on the date first above written by their respective officers duly authorized in that behalf.

Dated: Dated:

Agency RGS
Anil Comelo, City Manager
E: [email protected]
Sophia Selivanoff, Executive Director
DocuSign Envelope ID: 43A71255-7186-419D-B1D9-C8FEB5A30B8E 1/28/2024
DocuSign Envelope ID: 1554F944-12F6-4483-AE0B-CBC86163A857 Agenda Item #10.3.

P.O. BOX 1350 | CARMEL VALLEY, CA 93924 | 844-587-7300 | WWW.RGS.CA.GOV June 2, 2022 Via email to [email protected]
April Mitts
Administrative Services Director
City of St. Helena
1572 Railroad Avenue
St. Helena, CA 94574
RE: HUMAN RESOURCES SERVICES
Dear Ms. Mitts:

Thank you for giving Regional Government Services (RGS) the opportunity to provide this proposal for Human Resources (HR) services to the City of St. Helena (City). RGS is uniquely qualified to provide these services based on our specific and substantial expertise and experience working with public agencies throughout California and the flexible and scalable services provided by our team. Regional Government Services is a Joint Powers Authority (JPA) established in 2002 to serve the needs of cities, counties, special districts and other governmental entities throughout California. We provide a ready source of project and consulting services to meet the needs of our partner agencies in a broad range of administrative and support service areas. RGS has a proven track record working with local government agencies to successfully deliver effective HR management systems and administration in organizations which are similar in terms of demographics, size and needs as the Cit.

I have attached a proposal and draft Scope of Service describing our HR services and current hourly rates. RGS bills only for actually hours worked.

I look forward to further discussion with you; and to identifying a more prioritized scope of HR services that we may provide to the City. If you have any questions regarding this proposal, please feel free to contact me at (650) 587-7303 or via e-mail at [email protected].

Sincerely,
Bobbi Bennett
Bobbi Bennett, Human Resources Services Director

REGIONAL GOVERNMENT SERVICES
DocuSign Envelope ID: 1554F944-12F6-4483-AE0B-CBC86163A857 Agenda Item #10.3.

PAGE 2 OF 8 HR SERVICES PROPOSAL │ CITY OF ST. HELENA

ABOUT REGIONAL GOVERNMENT SERVICES
Organizational Profile
RGS is a JPA established in 2002 to provide organizational services to other California public agencies. We have over 130 employees throughout California serving cities, special districts, counties, other JPAs and special consortiums of government agencies. RGS provides consulting services in the areas of human resources and financial management, organizational development, community engagement, strategic planning, and more specifically to public agencies.

RGS is a virtual government agency, and has developed a unique network of geographically distributed Advisors who work both onsite at partner agency offices, and through various remote access technologies to deliver services to partner agencies, reducing overhead and expanding our ability to provide high-quality services throughout the state. RGS Advisors form ad hoc teams to provide services and project delivery, and do not operate in a traditional organizational hierarchy.

Our Executive Director and Chief Financial Officer, Richard Averett, has worked with the Board of Directors since the JPA’s inception to implement the Authority’s strategic plan. Sophia Selivanoff, Deputy Executive Director, joined RGS in 2009 and as part of her role directs and manages all RGS services provided to partner agencies, develops new business and partner relationships. Bobbi Bennett, Human Resources Services Director, who has worked with RGS since 2015, supervises all human resources team members throughout the Authority.

At RGS, we believe in striving to be a partner to the agencies we serve, not simply a consultant or contractor. We believe in relationships that are lasting and mutually respectful and beneficial. In order to establish a mutually respectful relationship as well as a productive one, RGS has adopted the following values and business methods.

Our Values
• Expert Services: RGS serves exclusively public sector agencies with its team of public sector experts.
• Innovation: RGS encourages and develops innovative and sustainable services to help each agency meet its challenges through new modes of service provision. • Customer Driven: RGS customizes solutions to achieve the right level and right kind of service at the right time for each agency’s unique organizational needs. • Perseverance: Sometimes the best solutions are not immediately apparent. RGS listens, works with you, and sticks with it until a good fit with your needs is found. • Open Source Sharing: RGS tracks emerging best practices and shares them, our clients and our advisors learn openly from each other’s hard-won experience. • Commitment: Government agencies are the public’s sole provider for many services, public trust is earned and must be used wisely. Each agency should and will know how RGS sets its rates. RGS’ pledge to you is that we will act with honesty, openness, and full transparency.

DocuSign Envelope ID: 1554F944-12F6-4483-AE0B-CBC86163A857 Agenda Item #10.3.

PAGE 3 OF 8 HR SERVICES PROPOSAL │ CITY OF ST. HELENA

PROPOSED HUMAN RESOURCES SERVICES
RGS Advisors have extensive human resources experience in public agencies in California, and provide a variety of HR consulting services. In addition to a core team of experienced HR generalists with outstanding communication, interpersonal, analysis and problem-solving skills, we have assembled a staff of subject-matter experts to offer “best practices” advice and HR deliverables in areas of: recruitment, selection methods, and employee onboarding; job analysis, work classification and organizational structures; design and administration of pay and benefit models and systems; performance management, competency building and evaluative feedback; disability and medical leave management; policy and procedure development and implementation; employee dispute resolution; administration of discipline; and labor relations.

RGS also offers expert resources in the allied fields of occupational safety and health, risk management, and organizational development to supplement core HR services; as well as delivering a supervisory skill building training program designed to align with public sector employment practices.

RGS consulting staff anticipate delivering comprehensive generalist HR consultation and administration services. The areas of services listed below can be included within an ongoing HR service model based on the City’s needs. In addition, more specifically-scoped HR services and projects not listed may also be added at the City’s request or RGS’ recommendation. • Recruitment and Selection/Employment Administration: Develop and administer effective and compliant recruitment and selection/skills-testing processes (written tests, skills test, interviews, etc. as needed), pre-employment and hiring practices (post offer/preemployment background checks and physical exams), and on-boarding of new staff. • Classification and Compensation Administration: Develop classification and compensation policies and models, review and update job descriptions, establish study protocols and compensation evaluation guidelines; perform analytic classification studies and conduct compensation surveys; and ensure alignment with state and federal laws related to compensation including pay equity, minimum wages and compliance with Fair Labor Standards Act requirements.
• Benefit Administration Services: Review and can assist with pay changes and benefit forms, provide related education and information to employees and supervisors; address problems with benefit providers and systems. This may also include assisting employees with retirement processing and with life or disability insurance claims. RGS can assist to resolve day-to-day issues that occur in the interpretation and application of complex regulations and systems, particularly in the following areas:
o Medical Leave Administration: Identifying pay and benefit requirements and formulating appropriate communications, ensuring legal compliance and recordkeeping, monitoring eligibility, managing modified work issues, and following up as needed with return to work or end of employment planning.

DocuSign Envelope ID: 1554F944-12F6-4483-AE0B-CBC86163A857 Agenda Item #10.3.

PAGE 4 OF 8 HR SERVICES PROPOSAL │ CITY OF ST. HELENA
o COBRA Benefits: Identifying requirements and formulating appropriate communications, ensuring legal compliance and recordkeeping, monitoring eligibility, enrolling and ending services.
o ADA Administration: Identifying a schedule for reviewing and updating essential functions and physical demands contained in job descriptions; serving as the interactive process coordinator; and ensuring appropriate communications and records are made regarding agreed-upon temporary or permanent accommodations. • HR Recordkeeping: Develop appropriate employment event documentation templates, and recordkeeping systems and standards as needed.
• Benefits Design and Communication: Analyze benefit policies, plans and offerings and their usage and functionality, and communicate information to employees about benefit offerings; RGS will also determine best practices and benefit integration strategies to maximize benefits while achieving cost containment. As needed, RGS can provide strategic guidance in the development of new or enhanced benefit offerings; and carry out effective implementation of selected benefits.
• Performance Management: Develop performance and behavioral expectations and standards and an evaluation system to support agency standards. As needed, RGS can provide performance management training and coaching to supervisors, facilitate employer-employee communication, and address issues that impact performance. RGS can also support formal performance corrections by drafting and administering performance improvement plans and disciplinary documents.
• Personnel Policy and Procedures Development: Update or develop new policies and procedures consistent with current legal standards and organizational objectives; and develop implementation and training plans for required changes. • Employee Relations Administration: Review, interpret, and apply various provisions of policies, procedures, employment agreements and compensation resolutions; provide related education and information to employees and supervisors; write clarifying language and obtain agreement to same when needed. RGS can advise managers on the resolution of complaints and disputes, conduct research and prepare documents to support effective problem-solving, and facilitate formal and informal communications between employees and/or management to achieve agreements that result in a productive and positive workplace. Assist with employee grievance hearing and serve as hearing officer. Assist with coordination of discipline hearings. • Labor Relations: Assist with labor grievance hearing and serve as hearing officer. RGS can provide chief or co-labor negotiator services as well as negotiation planning and communications, table support and document management, financial analysis of proposals and development of recommended MOU language.
• Training: Develop organizational training plans, and can handle administration of training on behalf of the organization. RGS can provide legally required training (sexual harassment DocuSign Envelope ID: 1554F944-12F6-4483-AE0B-CBC86163A857 Agenda Item #10.3.

PAGE 5 OF 8 HR SERVICES PROPOSAL │ CITY OF ST. HELENA
prevention, etc.) as well as training in performance management, supervisory roles, problemsolving, communication skills, and more as needs are identified and/or training is requested. • Selected Employment-Related Risk Management Functions: RGS can oversee or assist with workers’ compensation third-party (TPA) claims management, ensure compliance with HIPAA and other medical privacy laws; and manage administrative leave and fitness for duty situations. RGS may also develop, deliver, and provide training and programs for a variety of employee health, wellness and safety issues upon request. • Strategic Human Resources Planning: Assess current and long-range organizational needs and priorities and review assigned functions and roles with associated competencies for the purpose of developing plans and timelines to improve organizational capacity and skills and to enhance organizational and administrative structures.
• NEOGOV Insight Management: RGS offers comprehensive NEOGOV project management and support services for the Insight applicant tracking system. This includes business process mapping and analysis, liaison with NEOGOV, systems configuration to agency’s specifications and customization, data entry of essential information, and training of staff and management.

RGS staff prides itself on its ability to work collaboratively with appropriate stakeholders to deliver accurate, professional products and services within reasonable timelines, meet deadlines, and provide clear, honest, and effective communications, all of which help to promote good relations throughout our partnership. RGS Advisors will be reasonably available to perform services during the normal work week and within the agreed upon schedule.

PROJECT TEAM APPROACH AND QUALIFICATIONS
RGS is a virtual government agency, and has developed a unique network of geographically distributed Advisors who work both through various remote access technologies and, when needed, onsite to deliver services to partner agencies, reducing overhead and expanding our ability to provide high-quality services throughout the state.

RGS delivers ongoing HR Management Services through a team of Advisors. For the City, the core team will consist of a journey-level HR Advisor who will carry out activities to develop HR systems, resolve HR issues, and ensure timely delivery of HR functions. The journey-level Advisor will serve as the City’s primary service provider and point of contact, and will identify, prioritize, and resolve or recommend resolution actions regarding employment-related issues. Together this core team will provide continuity of services and ensure that identified deliverables are provided.

At times, it may be of value to have a RGS HR Advisor be onsite. RGS presently has a wellqualified journey-level Advisors who are regionally available (within driving distance). While not all members of the assigned team will be in geographical proximity to the City’s offices, RGS will make every effort to ensure that travel costs are minimized through effective remote service delivery.

DocuSign Envelope ID: 1554F944-12F6-4483-AE0B-CBC86163A857 Agenda Item #10.3.

PAGE 6 OF 8 HR SERVICES PROPOSAL │ CITY OF ST. HELENA

SIMILAR ENGAGEMENTS AND REFERENCES
RGS understands and remains current on all requirements for effective public agencies HR functions. RGS presently serves as a full-service HR Department for a number of California public agencies. Additionally, RGS serves as the comprehensive HR management provider with asneeded services for multiple public agencies. RGS also provides various HR supplemental and project support services to dozens of other agencies throughout California.

References may be provided upon request.

SERVICE COST/BILL RATES
RGS Advisors are skilled at prioritizing projects and working within the budget of partner agencies. RGS provides services on an hourly basis, plus direct costs. While it is anticipated that expenses for travel, advertising, training or testing materials, and other direct external costs will be minimal, such expenses are not included in hourly rates, and will be invoiced to the City at cost with no markup. Mileage for site visits will be calculated/invoiced using the current IRS rate.

Work is performed as agreed, and subsequently billed each month based on hours actually worked.

Bill rates are as follows:

Title Hourly Rate
Chief Operating Officer $140 to $230
Deputy Chief Operating Officer $135 to 205
Senior/Lead Advisor $130 to $200
Advisor $120 to $170
Project Advisor $110 to $130
Project Coordinator $90 to $125
Technical Specialist $80 to $120
DocuSign Envelope ID: 1554F944-12F6-4483-AE0B-CBC86163A857 Agenda Item #10.3.

PAGE 7 OF 8 HR SERVICES PROPOSAL │ CITY OF ST. HELENA
Scope of Services
Subject to the terms and conditions of this Agreement, RGS shall assign RGS employee(s) to serve as Advisors to the City of St. Helena, hereafter “City”, which may require performing any or all of the functions described below:

1. Provide immediate as needed human resources consulting services to the City. Consulting services include implementation of work on identified priority projects, and also include the following activities as needed:

1.1. Provide professional advice regarding best practice to facilitate the effective and compliant administration of the City’s personnel rules, human resources related policies and practices, and payroll practices.

1.2. Provide professional guidance and assistance to City staff in the areas of performance management, training development, compensation, and benefits.

1.3. Development and coordination of executive and non-executive level recruitments.

1.4. Review payroll processes and practices to ensure compliance with state and federal laws and best practices.

1.5. Benefit review and analyze of administration; assist with benefit administration.

1.6. Analyze a variety of information and recommend appropriate management action; provide written documentation of analysis and recommendations as needed.

1.7. Draft specific documentation relevant to resolving a range of human resources issues; coach managers as needed on effective actions and communications to achieve resolution; coach supervisors on conducting sensitive personnel conversations.

1.8. Draft required communications, including administrative policies, procedures, forms and templates as needed to develop an effective and compliant system of human resources management practices and transactions.

1.9. Review of classification descriptions and FLSA designation and recommend updates as needed.

1.10. Conduct salary surveys of comparable agencies.

1.11. Coordinate and assist with leave management, including but not limited to workers’ compensation, medical leaves, and reasonable accommodation.

1.12. Update HR systems documentation for current best practices.

1.13. Review of the occupational safety policies, resources and administrative systems to ensure legal compliance and best practices.

1.14. NEOGOV project management and support.

2. Be reasonably available to perform the services during the normal work week. Meet as often as necessary for the purpose of consulting about the scope of work performed with the appropriate City project manager and with the RGS Advisor(s).

3. RGS will maintain open communication lines with City staff through written documentation, video conference calls, phone, and e-mail.

DocuSign Envelope ID: 1554F944-12F6-4483-AE0B-CBC86163A857 Agenda Item #10.3.

PAGE 8 OF 8 HR SERVICES PROPOSAL │ CITY OF ST. HELENA

4. The City will only be invoiced for the actual hours worked. The work will be done remotely or onsite. RGS Advisors may only work onsite with the authority of the Human Resources Services Director.

5. Projects and activities may be modified on request of the City. The City will only be invoiced for the actual hours worked.

6. The RGS team assigned will be led by a journey-level Advisor, who will both perform work and direct projects to other RGS staff as needed. RGS staff will be assigned to projects or tasks at the RGS Advisor’s discretion.

DocuSign Envelope ID: 1554F944-12F6-4483-AE0B-CBC86163A857 Agenda Item #10.3.

Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: February 13, 2024
FROM: Clayton Church, Public Works Operations Manager,
Lesley Milton, Asst. to the City Manager
SUBJECT: Consideration and proposed adoption of a Resolution approving a Professional Services Agreement with Alsco
Uniform Services Inc., for Citywide Uniform Services for a one-year contract period for a total not-to-exceed amount of $20,135.66 with up to four additional one-year
extensions.

GOAL: Goal 6: Improve Employee Recruitment, Retention, & Morale, Goal 7: Enhance Organizational Effectiveness

RECOMMENDED
ACTION:

Staff recommends City Council adopt the attached
Resolution.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
PURPOSE:

To execute a contract for uniform services for Public
Works staff in compliance with the Memorandum of
Understanding with the St. Helena Employee Association.

FINANCIAL IMPACT: The Financial Impact is $20,136 annually. The annual costs of the contract are included in both the FY24 and FY25 adopted operating budgets.

BACKGROUND:

Pursuant to the Memorandum of Understand (MOU) between the City of St Helena and the St. Helena Employees Association (SHEA), Article 9 Section B requires the City to provide appropriate apparel or uniforms to be worn during work hours. As noted in the aforementioned MOU section, the following positions within the Public Works Department will be provided uniforms: Public Works Supervisor, Maintenance Worker I/II/III, Maintenance Lead Worker, Chief Water Distribution Operator, Plant Operator-inTraining, Plant Operator I/II/III, and Chief Plant Operator.

Each employee will receive a collection of shirts and pairs of trousers. Street and Water Distribution staff will additionally receive hi-visibility shirts. Parks, Wastewater Treatment, and Water Treatment staff will receive polo style shirts. In addition, Wastewater Treatment and Water Treatment personnel will receive coveralls as necessary for the type of work that they perform.

Agenda Item #10.4.

The proposed contract will provide the above uniforms as well as provide laundering services, maintenance, pick-up and delivery of uniforms on a weekly basis to the respective work locations.

DISCUSSION:

Staff obtained competitive quotes for uniform pricing from Alsco Uniforms, Cintas Corporation, and Vestis (aka Aramark). The received proposals were analyzed based on weekly, monthly, and annual cost for the service. As a result of quote analysis, staff concluded Alsco Uniforms to be the best choice and value based upon quality control, customer service, cost, and billing efficiency. While the value of the contract is low, this potentially could be a long-term contract. The structure of the agreement allows for the execution of a one-year contract with several extensions if mutually agreed upon by both parties each year, depending on the City's satisfaction with the service. Upon satisfactory completion of the contract, including extensions, staff will develop and issue a formal bid proposal package for the issuance of a long-term contract.

ENVIRONMENTAL REVIEW: This is not a CEQA project.

DOCUMENTS ATTACHMENTS:

Resolution PW Uniforms v1
Attachment A: PSA ALSCO
Attachment B: Bid Summary
Agenda Item #10.4.

CITY OF ST. HELENA
RESOLUTION NO.

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

HELENA APPROVING A PROFESSIONAL SERVICES
AGREEMENT WITH ALSCO UNIFORM SERVICES INC., FOR

CITYWIDE UNIFORM SERVICES FOR A NOT-TO-EXCEED
COST OF $20,135.66 FOR THE FIRST YEAR WITH UP TO FOUR

ONE-YEAR EXTENSIONS AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AGREEMENT

RECITALS
A. WHEREAS, Pursuant to the Memorandum of Understand (MOU) City of St Helena and the St. Helena Employees Association (SHEA) Article 9 Section B requires the city to provide appropriate apparel or uniforms to be worn during work hours.

B. WHEREAS, Staff obtained competitive quotes for uniform pricing from Alsco Uniforms, Cintas Corporation and Vestis (aka Aramark).

C. WHEREAS, The received proposals were analyzed based on weekly, monthly, and annual cost for the service and Alsco Uniforms is the best choice and value based upon quality control, customer service, cost, and billing efficiency.

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

1. Authorizes the execution of a Professional Service Agreement with Alsco Uniform Services Inc., for Citywide Uniform Services for a one-year contract period for a total not-to-exceed amount of $20,135.66 with up to four additional one-year extensions.

2. Authorizes the City Manager to execute the agreement.

Agenda Item #10.4.

Approved at a Regular Meeting of the St. Helena City Council on February 13, 2024, by the following vote:

Mayor Paul Dohring: _____
Vice Mayor Eric Hall: _____
Council Member Anna Chouteau: _____
Council Member Billy Summers: _____
APPROVED: ATTEST:
______________________ ________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #10.4.

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AGREEMENT FOR SERVICES
THIS AGREEMENT, made and entered into on February 13, 2024 (“Effective Date”) by and between the City of St. Helena, located in the County of Napa, State of California (“City”), and Alsco Inc. (“Consultant”).

RECITALS:

A. City desires to employ Consultant to furnish services in connection with the project described as Uniform Services for Public Works Staff.

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

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

SECTION 1 – BASIC SERVICES
Consultant agrees to provide uniform services for the Public Works Department to include the following divisions: Water Treatment Division, Wastewater Treatment Division, Parks Division, Streets Division and Utilities Division. Services to be provided include supplying specified uniform styles, embroidering specific pieces, delivery, pick up, laundering and repairs of the following types of uniforms:
• High visibility long sleeve shirts
• High visibility short sleeve shirts
• Polo shirts
• Jean Pants
• Coveralls
A full list of supplied services for each of the divisions are set forth in Exhibit A, “Scope of Services” and made part of this Agreement.

Delivery dates and times will be negotiated between the City and the Consultant.

SECTION 2 – ADDITIONAL SERVICES
Consultant shall only be compensated for services rendered in connection with its performance of this Agreement or Exhibit A, “Scope of Services” (the “Services”). Any services in addition to those set forth in this Agreement or Exhibit A must be authorized in advance and in writing by the City.

The quantity of uniforms or frequency listed in Exhibit A is a maximum service level and can vary based on unanticipated vacancies or employee leave. City may adjust the quantity of uniforms at no penalty to the City. City will pay for actual services requested and rendered.

SECTION 3 – TIME FOR COMPLETION
Services will be provided on a weekly basis to each of the divisions. The term of this Agenda Item #10.4.

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Agreement is for one year with the option for City, at its sole discretion, to extend for up to four (4) one-year extensions, by written notice provided to Consultant thirty (30) days prior to contract expiration.

SECTION 4 – COMPENSATION AND METHOD OF PAYMENT
A. Subject to any limitations set forth in this Agreement, City agrees to pay consultant the rates included in Exhibit A “Scope of Services” up to the not to exceed contract costs outlined in Exhibit B, “Compensation” attached hereto and made a part hereof. Total compensation for the initial one-year period shall not exceed $20,135.66 unless additional compensation is approved in accordance with Section 2.

B. Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges for the services in Exhibit A that are provided. Each original invoice furnished shall include the expenses incurred during the preceding month, the cumulative Agreement amount, and the amount remaining on the Agreement. City shall independently review each invoice submitted to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement.

If no charges or expenses are disputed, the invoice shall be approved, and City will use its best efforts to cause Consultant to be paid within 30 days of receipt of invoice. If the City disputes any charges or expenses, the City will return the original invoice to Consultant for correction and resubmission. If the City reasonably determines, in its sole judgment, that the invoiced charges and expenses exceed the value of the Services performed to date and that it is probable that the Agreement will not be completed satisfactorily within the contract price, City may retain all or a portion of the invoiced charges and expenses.

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

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

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

SECTION 6 – INTENTIONALLY OMITTED
SECTION 7 – INSURANCE REQUIRED
Agenda Item #10.4.

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

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

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

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

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

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

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

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

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

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

D. Excess Limits. If Consultant maintains higher limits than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by Consultant.

Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

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

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

G. Other Insurance Provisions. The commercial general liability and automobile liability Agenda Item #10.4.

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policies are to contain, or be endorsed to contain, the following provisions:

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

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

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

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

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

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

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

SECTION 8 – INDEMNIFICATION
A. To the fullest extent allowed by law, as may be applicable, Consultant shall indemnify, defend, and hold harmless City, its agents, officers, officials, employees, representatives, and volunteers from any and all claims, demands, suits, loss, damages, injury, and/or liability (including any and all costs and expenses in connection therewith, including legal fees and expert witness costs) (collectively, “Liabilities”), incurred by reason of any negligent or otherwise wrongful act or omission of Consultant, its officers, agents, employees, subconsultants, and subcontractors, or any of them, under or in connection with this Agreement; and Consultant agrees at its own cost, expense and risk to defend any and all claims, actions, suits, or other legal proceedings brought or instituted against City, its agents, officers, officials, employees and volunteers, or any of them, arising out of, pertaining to, or relating to such negligent or otherwise wrongful act or omission, and to pay and satisfy any resulting judgments.

B. Intentionally omitted.

Agenda Item #10.4.

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

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

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

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

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

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

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

SECTION 10 – CONFLICTS OF INTEREST AND ANTI-FRAUD AND ANTICORRUPTION POLICIES A. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of Agenda Item #10.4.

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City or which would in any way hinder Consultant’s performance of Services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts with the interests of City in the performance of this Agreement.

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

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

SECTION 11 – INTENTIONALLY OMITTED
SECTION 12 – CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION A. All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.

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

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

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

D. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder.

Agenda Item #10.4.

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City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite such response.

SECTION 13 – INTENTIONALLY OMITTED
SECTION 14 – COMPLIANCE WITH LAW
Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Consultant shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.

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

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

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

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

SECTION 16 – COMPLIANCE WITH CALIFORNIA LABOR CODE REQUIREMENTS A. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and Agenda Item #10.4.

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all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

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

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

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

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

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

SECTION 18 – LIMITATION OF LIABILITY
A. Consultant agrees that any liability of City arising in connection with this Agreement shall be limited exclusively to the City-entity identified as the “City” under this Contract. Under Agenda Item #10.4.

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no circumstance shall any other City-entity be liable to Consultant under any theory, whether in contract, tort, or otherwise, and Consultant waives unconditionally any such claims. Consultant hereby waives and release other City entities from any liability under this Agreement.

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

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

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

To City: City Manager
1088 College Ave.

St. Helena, California 94574
To Consultant: Alsco Inc.

Attn: General Manager
3311 Industrial Drive
Santa Rosa CA 95403
With a courtesy copy to:

Alsco Inc.

Attn: Legal Department
505 E 200 S
Salt Lake City, UT 84102
Notice shall be deemed effective on the date personally delivered, or if mailed, three (3) days after deposit in the custody of the U.S. Postal Service.

SECTION 21 – TERMINATION
A. City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Consultant. If such notice is given, Consultant shall cease immediately all work in progress.

B. If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement after giving the other party ten (10) days’ written notice and opportunity to cure.

Agenda Item #10.4.

Alsco Uniform Services Inc. 1/30/24
83578.00000\41894710.4
C. Upon termination of this Agreement by either Consultant or City, all property belonging to City which is in Consultant’s possession shall be delivered to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in this Agreement.

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

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

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

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

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

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

Acceptance by City of any work or Services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 28 – LAW TO GOVERN; VENUE
Agenda Item #10.4.

Alsco Uniform Services Inc. 1/30/24
83578.00000\41894710.4
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Napa. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Northern District of California, in San Francisco.

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

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

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

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

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

ALSCO INC.: CITY OF ST. HELENA
By: By:

Name: Anil Comelo
Title: City Manager
Approved as to Form:

By:

Ethan Walsh
City Attorney
Agenda Item #10.4.

Alsco Uniform Services Inc. 1/30/24
83578.00000\41894710.4
Exhibit A
“Scope of Services”
Agenda Item #10.4.

83578.00000\41894710.4
September 15, 2023
Joe Leach
Operations
City of St. Helena
1088 College Avenue
St. Helena, CA 94574
Dear Joe Leach:

Thank you very much for your confidence in allowing me to present the attached proposal. Alsco commits our complete resources and support to provide you with continuous, prompt, and dependable service.

Joe Leach, our proposal represents an outstanding opportunity for City of St. Helena and Alsco. Alsco has been in business for over 130 years and has a history of fair dealing and superior customer service. Your acceptance ensures your company of competitive price stability, top-of- the-line quality products, ease of transition from your current program, and commitment from our employees to provide you the best service possible.

We look forward to your favorable consideration and appreciate your willingness to begin our successful business relationship.

Best regards,
Justin Melia
Sales
Consultant
Alsco Uniforms · 3311 Industrial Drive · Santa Rosa, CA 95403 · 707-523- 3311 · alsco.com
Agenda Item #10.4.

83578.00000\41894710.4
Alsco Solutions and Standards of Excellence
At Alsco, we know that transitioning from one program to another can seem overwhelming. We make the transition phase as seamless as possible by being flexible, accurate, and sensitive to your needs. Please ask your Alsco representative for a list of recently installed new customers who can share their positive experiences with you.

Distribution: ● Lockers and Soil Lockups are provided as needed to protect and organize garments.
● Inventory Control Systems ensure delivery of the
correct amount of inventory for your needs and
budget.

Repairs: ● Our Garment Repair System enables us to
maintain your garments in the best possible
condition, free of missing buttons, tears, etc.
● Internal Quality Control inspections ensure complete
repairs are made promptly.

Quantities: ● A-TrackSM online account management system provides you with online account management in real
time.
● Our Special Delivery System ensures you always
have uniforms when you need them.

Quality: ● The Alsco Consistent Appearance System
ensures your company maintains the image you
expect and need.
● Our high-tech equipment delivers a superior level of
quality at very competitive prices.
● Internal Quality Control inspections ensure the highest level of consistent quality.
● Alsco’s Uniform Shield ensures peace of mind from
unexpected costs due to your company’s normal wear
and tear
on uniforms.

New Items: ● Our professional Route Sales Representatives manage your account for you so you can focus on
your business.
● A-TrackSM online account management system lets you
place orders and make changes on line at your
convenience.

Consistent Billing: ● Alsco’s easy-to-understand Billing System allows you to manage your uniform costs.
● A-TrackSM online account management system
helps you analyze costs over extended periods of
time.

Correct Inventories: ● We perform account audits on a regular basis to make certain our systems are working smoothly and that your
inventory is within appropriate levels.
● Our Inventory Control Systems ensure proper
inventories and consistent cost controls for your
company’s needs.

Agenda Item #10.4.

83578.00000\41894710.4
Responsiveness: ● All service personnel are equipped with cell phones so requests and questions receive an immediate One
& DoneSM response.
● Our account audits and goodwill visits keep things
running smoothly.
● The Alsco Special Delivery System addresses any
unforeseen needs.

Agenda Item #10.4.

83578.00000\41894710.4
Alsco Competitive
Advantages
• A-Track Online account management
• Certified healthcare-wash formulas
• Employee tenure and training
• Environmentally friendly processes - "green"
• Highest quality Made in USA product
• Live inbound call reception
• Multiple branch support
• Multiple deliveries per week
• Privately owned
• Regular inventory reviews
• Service guarantee
• Weekend and special deliveries
• Waive prep charges on initial delivery
• Local Processing Facility
Agenda Item #10.4.

83578.00000\41894710.4
Uniforms
Description Unit Price
Uniform
Shield
Replacement
Cost
Service
Frequency
Billing
%
Sport Polo Shirt,
Royal Blue
$0.260 $0.00 $23.30 Weekly 100%
Hanger Rack $0.000 Weekly 100%
Garment Repair
Board
$0.000 Weekly 100%
Jeans, Industrial,
Regular Fit, Indigo
Blue
$0.340 $0.00 $30.82 Weekly 100%
Short Sleeve HiVisibility Ripstop
Work Shirt with
Type R Class 3
$0.680 $0.00 $127.93 Weekly 100%
Long Sleeve HiVisibility Ripstop
Work Shirt with,
Type R Class 3
$0.700 $0.00 $131.23 Weekly 100%
Coverall Action Back
Navy
$0.37 $0.00 $41.14 Weekly 100%
Equipment
Description Unit
Price
Replacement
Cost
Service
Frequency
Laundry Bag $0.000 $9.00 Weekly
Laundry Bag Stand $0.000 $13.00 Weekly
Definition of Charges
Description Unit
Price
Service
Frequency
Delivery Minimum $25.000 Weekly
Special Delivery Charge $50.000 Each
Service Charge (weekly) $10.000 Weekly
Initial Emboidery and preparation charges are waived. Should replacement uniforms be needed, embroidery is included in the replacement cost. Should the City choose to cancel the contract, uniforms with embroidery will become the property of the City at the replacement cost rate, as they Agenda Item #10.4.

83578.00000\41894710.4
cannot be repurposed with embroidered names on them.

A 3% increase to prices are applied annually for subsequent years.

Agenda Item #10.4.

83578.00000\41894710.4
If you have any questions about this invoice, please contact Justin Melia 707-292-6501
[email protected]
Thank You For Your Business!
CLIENT: CITY OF ST.HELENAEstimated
worksheet
ITEM # PRODUCT DESCRIPTION Weekly Billed Inventory UNIT PRICE TOTAL Polo Shirt Sport -Color 33 33 $ 0.26 $ 8.58
Jean Pants 33 33 $ 0.34 $ 11.22
Coverall Action Back Navy 6 6 $ 0.37 $ 2.22
Laundry Bag Stand 1 1 $ - $ -
Laundry Bag 1 2 $ - $ -
$ -
Service Charge 1 $ 10.00 $ 10.00
$ -
$ -
$ -
$ -
$ -
$ -
SUBTOTAL $ 32.02
Other Comments or Special Instructions
TOTAL
$ -
$ 32.02
Water Treatment Plant
Agenda Item #10.4.

83578.00000\41894710.4
If you have any questions about this invoice, please contact Justin Melia 707-292-6501
[email protected]
Thank You For Your Business!
CLIENT: CITY OF ST.HELENAEstimated
worksheet
ITEM # PRODUCT DESCRIPTION Weekly Billed Inventory UNIT PRICE TOTAL Polo Shirt Sport -Color 33 33 $ 0.26 $ 8.58
Jean Pants 33 33 $ 0.34 $ 11.22
Coverall Action Back Navy 6 6 $ 0.37 $ 2.22
Laundry Bag Stand 1 1 $ - $ -
Laundry Bag 1 2 $ - $ -
$ -
Service Charge 1 $ 10.00 $ 10.00
$ -
$ -
$ -
$ -
$ -
$ -
SUBTOTAL $ 32.02
Other Comments or Special Instructions
TOTAL
$ -
$ 32.02
Waste Water Treatment Plant
Agenda Item #10.4.

83578.00000\41894710.4
If you have any questions about this invoice, please contact Justin Melia 707-292-6501
[email protected]
Thank You For Your Business!
CLIENT: CITY OF ST.HELENA-P
Estimated
worksheet
ITEM # PRODUCT DESCRIPTION Weekly Billed Inventory UNIT PRICE TOTAL Polo Sport 55 55 $ 0.26 $ 14.30
Jean Pant 55 55 $ 0.34 $ 18.70
$ -
Laundry Bag Stand 1 1 $ - $ -
Laundry Bag 1 2 $ - $ -
$ -
Service Charge 1 $ 10.00 $ 10.00
$ -
$ -
$ -
$ -
$ -
$ -
SUBTOTAL $ 43.00
Other Comments or Special Instructions
TOTAL
$ -
$ 43.00
PARKS
Agenda Item #10.4.

83578.00000\41894710.4
If you have any questions about this invoice, please contact Justin Melia 707-292-6501
[email protected]
Thank You For Your Business!
CLIENT: CITY OF ST.HELENA-S
Estimated
worksheet
ITEM # PRODUCT DESCRIPTION Weekly Billed Inventory UNIT PRICE TOTAL High Vis Shirt Long Sleeve 30 30 $ 0.70 $ 21.00
High Vis Shirt Short Sleeve 25 25 $ 0.68 $ 17.00
Jean Pant 55 55 $ 0.34 $ 18.70
Laundry Bag Stand 1 1 $ - $ -
Laundry Bag 1 2 $ - $ -
$ -
Service Charge 1 $ 10.00 $ 10.00
$ -
$ -
$ -
$ -
$ -
$ -
SUBTOTAL $ 66.70
Other Comments or Special Instructions
TOTAL
$ -
$ 66.70

STREETS
Agenda Item #10.4.

83578.00000\41894710.4
If you have any questions about this invoice, please contact Justin Melia 707-292-6501
[email protected]
Thank You For Your Business!
CLIENT: CITY OF ST.HELENA-S
Estimated
worksheet
ITEM # PRODUCT DESCRIPTION Weekly Billed Inventory UNIT PRICE TOTAL High Vis Shirt Long Sleeve 30 30 $ 0.70 $ 21.00
High Vis Shirt Short Sleeve 25 25 $ 0.68 $ 17.00
Jean Pant 55 55 $ 0.34 $ 18.70
Laundry Bag Stand 1 1 $ - $ -
Laundry Bag 1 2 $ - $ -
$ -
Service Charge 1 $ 10.00 $ 10.00
$ -
$ -
$ -
$ -
$ -
$ -
SUBTOTAL $ 66.70
Other Comments or Special Instructions
TOTAL
$ -
$ 66.70

UTILITIES
Agenda Item #10.4.

83578.00000\41894710.4
Exhibit B
“Compensation”
Alsco Uniform Services will submit monthly invoices for uniform services rendered to the City in accordance with the rates established in Exhibit A.

Public Works Division Weekly Cost Annual Costs
WTP (3 staff) includes coveralls $32.02 $ 1,665.04
WWTP (3 Staff) includes coveralls $32.02 $ 1,665.04
PARKS (5 staff) $34.00 $ 2,236.00
STREETS (5 staff) $66.70 $ 3,468.40
UTILITIES (5 staff) $66.70 $ 3,468.40
TOTAL ANNUAL SERVICE COST $ 12,502.88
Estimated Annual Replacement Costs Due to Staff Turn Over * Only uniforms that have been embroidered are required to be replaced Department
Group
Uniform
Replacement Cost
per Employee
Staff Turn
Over Per Year
Annual *Possible
New Employee Cost
Water/Wastewater $222.60 1 $222.60
Parks $256.30 2 $512.60
Streets & Utilities $1,423.73 3 $4,271.19
Turn Over Cost $5,006.39

ANNUAL CONTRACT COSTS
Contract Term Service
Cost
Annual 3%
Increase
Contingency
15%
Total Contract
Value for Year
Year 1 Cost $17,509.27 $0.00 $2,626.39 $20,135.66
Optional Year 2 $17,509.27 $525.28 $2,705.18 $20,739.73 Optional Year 3 $18,034.55 $541.04 $2,786.34 $21,361.92 Optional Year 4 $18,575.58 $557.27 $2,869.93 $22,002.78 Optional Year 5 $19,132.85 $573.99 $2,956.03 $22,662.86 Agenda Item #10.4.

Attachment C: Summary of Bids

ALSCO CINTAS ARAMARK
WTP (3) inlcudes coveralls $ 1,665.04 $ 3,311.88 $ 1,995.24 WWTP (3) inlcudes coveralls $ 1,665.04 $ 3,311.88 $ 1,995.24 PARKS (5) $ 2,236.00 $ 3,060.20 $ 3,031.60
STREETS (5) $ 3,468.40 $ 6,881.16 $ 3,031.60
UTILITES (5) $ 3,468.40 $ 6,881.16 $ 3,031.60
TOTAL ANNUAL COST $ 12,502.88 $ 23,446.28 $ 13,085.28
Three years $ 37,508.64
Two year extention $ 25,005.76
$ 62,514.40
Agenda Item #10.4.

Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: February 13, 2024
FROM: Eric Janzen, Assistant Public Works Director
SUBJECT: Waiver of second reading and proposed adoption of Ordinance amending Title 13 of the St. Helena Municipal Code to clarify ownership and maintenance responsibility of water laterals serving private property.

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

RECOMMENDED
ACTION:

Waive second reading and adopt an Ordinance amending
Title 13 of the St. Helena Municipal Code to clarify
ownership and maintenance responsibility of water laterals serving private property.

PREVIOUS COUNCIL
ACTION:

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. Council directed Public Works and the City Attorney to develop revisions to Title 13 and present to Council for introduction and first reading.

On January 23, 2024, the City Council conducted and
approved a first reading of an Ordinance amending Title 13 of the St. Helena Municipal Code to clarify ownership and maintenance responsibility of water laterals serving private property.

STATEMENT OF THE
PURPOSE:

To adopt 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.

Agenda Item #10.5.

On January 23, 2024, the City Council conducted and approved a first reading of an Ordinance amending Title 13 of the St. Helena Municipal Code to clarify ownership and maintenance responsibility of water laterals serving private property.

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?  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 #10.5.

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 #10.5.

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 #10.5.

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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 #10.5.

-3-
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 #10.5.

-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: _____
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 #10.5.

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 #10.5.

“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 #10.5.

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 #10.5.

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 #10.5.

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 #10.5.

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 #10.5.

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 #10.5.

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 #10.5.

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 #10.5.

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 #10.5.

B. Persons Authorized to Make Connections. No person other than the duly authorized representatives of the department shall connect the consumer’s service to or disconnect the same from the water mains of the department.

C. Shutoff Valves. Every water consumer shall install and maintain at his or her own expense a shutoff valve inside the property line at a location accessible in event of emergency.

D. Permission to Supply Additional Premises. No person whose premises are supplied with water shall furnish water to other premises, unless he or she shall first make application in writing to the department and secure approval in writing.

E. Agricultural Use. Water purchased from the department pursuant to the provisions of this chapter and Chapters 13.08 and 13.12 may not be used for any agricultural purpose except in one of the following conditions:

1. The products or results of such agricultural purpose are consumed or enjoyed solely by or on the premises of the water customer;

2. The water used for an agricultural purpose is recycled from some nonagricultural use by the water customer;

3. The city council has expressly granted permission to the water customer to use water for the agricultural purpose;

4. Water serving the premises has been used for an agricultural purpose during the six months preceding August 9, 1994, in which case only that particular agricultural use may continue and may not be expanded; or

5. Parcels are less than one-half acre in size.

F. Bills for Charges. All bills for water charges will be rendered by the city bi-monthly. All bills shall become due and payable upon presentation and shall be paid at the office of the finance department.

G. Supplemental Rules. The city council may, by resolution, provide such supplementary rules and regulations as it deems necessary or advisable to accomplish the interest and purposes of this chapter and Chapters 13.08 and 13.12.

H. Previous Agreements. None of the provisions of this chapter and Chapters 13.08 and 13.12 shall apply to or in any manner affect any agreement for furnishing water, for extension of water mains or installation or maintenance of water service made before June 10, 1952, and to which the city is a party, but as to such agreements, the provisions and requirements of ordinances and resolutions in force at date of such agreement shall apply and any and all such agreements so made are ratified and confirmed. (Ord. 19-9 § 1 (Exh. A (part)): Ord. 16-13 § 5 (Att. 6 (part)): Amended by city 4/17/13; Ord. 02-5 § 18 (part): prior code § 18.10)

13.04.110 Responsibility for payment of charges.

All water charges shall be billed to the person making application for water service per Section

13.04.030, unless requested by the owner to be billed differently. Where allowed by law, all water Agenda Item #10.5.

charges shall be the responsibility of the owner of the premises upon which the charges fixed are levied and assessed or his or her successor in interest. (Ord. 16-13 § 5 (Att. 6 (part)): Prior code § 18.11)

13.04.120 Notices.

A. Notices from the city to any consumer will be given in writing, either delivered to the consumer or mailed or emailed to his or her last known address or contact, except that where conditions warrant or in any emergency the city may give verbal notice by telephone or in person.

B. Notices from a consumer to the city may be given by the consumer or his or her authorized representative verbally or in writing at the office of the finance department, to the city clerk, or to the director of public works’ office. (Ord. 16-13 § 5 (Att. 6 (part)): Prior code § 18.12)

13.04.130 Enforcement—Discontinuance of service upon delinquency.

A. Discontinuance of Service to Abate Dangerous Conditions, Waste, Etc. The city may refuse to furnish water and may discontinue service to any premises where apparatus, appliances or equipment using water is found by the director of public works or designee to be dangerous or unsafe or where the use of water on such premises is found by the director of public works or designee to be detrimental or injurious to the water service furnished by the city to other consumers, or where the director of public works or designee finds that negligent or wasteful use of water exists on any premises which affects the city’s water service. The city shall have the right to refuse or discontinue water service to any premises if necessary, to protect itself against fraud or abuse.

B. Enforcement by Director of Public Works. The director of public works is charged with the enforcement of all the provisions of this chapter and Chapters 13.08 and 13.12.

C. Discontinuance for Certain Violations. In the event of violation, other than nonpayment of water service charges, of any terms of this chapter and Chapters 13.08 and 13.12, the director of public works may disconnect any premises from the water system after first notifying in writing the person causing, allowing or committing such violation, specifying the violation and, if applicable, the time after which, upon the failure of such person to prevent or rectify the violation, the director of public works will exercise his or her authority to disconnect the premises from the water system; provided, that such time shall not be less than five days after the deposit of such notice in the United States Post Office at St.

Helena, Napa County, California, addressed to the person to whom notice is given; provided, however, that in the event such violation results in a public hazard or menace, then the director of public works may enter upon the premises without notice and do such things and expend such sums as may be necessary to abate such hazard, and the reasonable value of the things done and the amounts expended in so doing shall be a charge upon the person so in violation.

D. Failure to Pay Bill. Bills are due and payable upon presentation and delinquent after thirty (30) days.

Upon failure of any consumer billed or the owner of any premises to pay any water service charge prior to the delinquency, the following action or actions shall be taken by the city to enforce such payment after such bill becomes delinquent:

1. Impose a penalty for delinquency of ten percent (10%) of the amount then delinquent;

2. Assess interest in the amount of one percent per month or fraction thereof on the amount delinquent from the date on which the bill remittance first became delinquent until paid; Agenda Item #10.5.

3. If a payment by a customer has been delinquent for at least sixty (60) days, the city may disconnect the premises from the water system for nonpayment of water bills following proper notice. Water shutoff shall occur consistent with the disconnection of water service for nonpayment policy adopted by a resolution of the city council;

4. Cause an action at law to be brought on behalf of the city against the person responsible for payment of such bill to recover the amount of such bill and the cost of such action including reasonable attorney fees incurred in an amount fixed by the court;

5. Any person wishing to appeal penalties and interest imposed in this section shall adhere to provisions in accordance with Section 13.04.180, Appeals.

E. Disconnection of Water Service for Nonpayment Policy. The city council may adopt, by resolution, a disconnection of water service for nonpayment policy. Such policy may include, but may not be limited to, provisions concerning additional billing procedures, disconnection of service, notification procedures, restoration of service, procedures to contest or appeal a water bill, extensions or other alternative payment arrangements, protections available to qualified low-income customers, procedures for becoming a customer of the city under specified circumstances, and related matters. To the extent a policy adopted pursuant to this section conflicts with any provisions of this chapter, this chapter shall control.

F. Hardship Agreements. City finance department may in its discretion offer hardship agreements which create payment plans for delinquent bills. All requests for hardship agreements and payment plans must be submitted in writing. Hardship agreements are approved at the discretion of the finance director based on amount owed and payment history.

G. Reconnection Fee. Whenever any premises have been disconnected from the water system for any violation of this chapter or Chapters 13.08 and 13.12, such premises shall not be reconnected to the water system until all delinquent fees, charges, penalties and interest have been paid, together with a reconnection charge as may be set by resolution of the city council.

For customers who demonstrate they are financially unable to pay as provided in the disconnection of water service for nonpayment policy, the reconnection fee shall not exceed fifty dollars ($50.00) during normal operating hours or one hundred fifty dollars ($150.00) during nonoperational hours, which amounts shall be subject to inflation as described in the policy.

H. Lien for Delinquencies. In addition and as an alternative to any other remedy for enforcement and collection, all delinquent water service charges, including late charges and interest for nonresidential properties, shall become a lien upon the nonresidential real property upon which water is furnished prior to all other liens, encumbrances or exemptions, other than state and county taxes, and shall have the force and effect of a tax lien. The lien shall continue until it is paid together with the penalties and interest set forth in this section. The lien shall be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All acts applicable to levy, collection and enforcement of municipal taxes apply to this lien. (Ord. 20-4 § 1 (part): Ord. 16-13 § 5 (Att. 6 (part)):

Ord. 02-5 § 18 (part): prior code § 18.13)

13.04.140 When water charges become effective—Discontinuance of service at consumer’s request.

Agenda Item #10.5.

A. Water charges shall become effective against all premises immediately upon connection to the water system.

B. Any consumer may have his or her water service discontinued by giving notice requesting discontinuance at least two business days prior to the requested date of discontinuance. Each such consumer shall pay all water charges up to and including the date of discontinuance stated in such notice. In any case where such notice is not given, the consumer shall be required to pay for water service until two business days after the city has knowledge that the consumer has vacated the premises or otherwise discontinued water service. The city shall set a charge per council resolution for restoring water service to any consumer whose water service has been discontinued at his or her request. Water service will be turned off 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 turnoff 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.

C. If the discontinuance of a water service under subsection B of this section continues more than thirty (30) days, the consumer may request that the water service be placed on a standby basis. While on a standby basis, the water service rates established by council resolution will apply. In order to reestablish water service, the customer will be responsible for the fee associated with restoring water service and must pay any delinquent charges for which the customer is legally liable before service will be reconnected. (Ord. 20-4 § 1 (part): Ord. 16-13 § 5 (Att. 6 (part)): Prior code § 18.14)

13.04.150 Service interruptions.

A. Temporary Suspension of Service. The city will exercise reasonable diligence to provide continuous and adequate water service to consumers and to avoid any shortage or interruption of delivery of water, but cannot guarantee complete freedom from interruption. The city shall have the right to suspend water service temporarily to make necessary repairs or improvements to the water system. In each case of temporary suspension of service, the city will notify the consumers affected as soon as circumstances permit and will prosecute the work of repair or improvement with due diligence and with the least possible inconvenience to consumers.

B. Apportionment Among Consumers. During any period of threatened or actual water shortage the city shall have the right to apportion its available water supply among consumers in such manner as appears most suitable under the circumstances then prevailing and with due regard to public health and safety.

C. City’s Responsibility. The city shall not be liable for interruption, shortage or insufficiency of water supply or water pressure or any loss or damage occasioned thereby. (Ord. 20-4 § 1 (part): Ord. 16-13 § 5 (Att. 6 (part)): Prior code § 18.15)

13.04.160 Duties of director of public works and director of finance.

It shall be the duty of the director of public works to supervise all connections to the water system, to fix all connection charges and to enforce all provisions of this chapter. It shall be the duty of the director of finance to collect all water bills and charges and all connection and other fees herein provided for, and to deposit the same with the appropriate account. The director of finance shall keep an accurate accounting and records showing the source, amount and disposition of all monies received by them hereunder. The city will carry fidelity insurance with respect to all city officers and employees who Agenda Item #10.5.

respectively receive, collect or have in their care or custody any moneys referred to in this section, such insurance to be in an amount at least equal in the aggregate to the maximum amount of such moneys at any one time in the care or custody of all such officers or employees. (Ord. 20-4 § 1 (part): Ord. 16-13 § 5 (Att. 6 (part)): Prior code § 18.16)

13.04.170 Disposition of moneys—Funds.

All moneys received by the city under this chapter, excepting only all connection charges and portions of water bills refundable to consumers in respect of water main extensions pursuant to Section 13.04.070, shall be deposited by the director of finance in a timely manner upon receipt and for the purposes provided and with the fiscal agent designated and/or adopted as best practices.

All connection charges collected by the city under this chapter and Chapters 13.08 and 13.12 shall be deposited in a separate account entitled “water connection fund,” which is created and shall be applied in the manner and for the purposes provided for in this chapter and Chapters 13.08 and 13.12.

All portions of water bills refundable to consumers in respect of water main extensions pursuant to Section 13.04.070 shall be deposited in a separate account entitled “water main extension refund fund,” which is created and shall be applied in the manner and for the purposes provided for in Section

13.04.070. (Ord. 19-9 § 1 (Exh. A (part)): Ord. 16-13 § 5 (Att. 6 (part)): Prior code § 18.17)

13.04.180 Appeals.

A. Procedure Generally. Any person who shall have a right to appeal as provided in any section of this chapter or Chapters 13.08 and 13.12 or who shall be dissatisfied with any determination hereafter made by the director of public works or director of finance may, at any time within thirty (30) days after such determination, appeal to the city council by giving written notice to the director of public works and to the city clerk, setting forth the determination with which such person is dissatisfied. The city council may, at any time, upon its own motion, appeal from any determination made by the director of public works hereunder. In the event of any such appeal, the director of public works shall transmit to the city council a report upon the matter appealed. The city council shall cause notice to be given, at least ten (10) days prior to the time fixed for such hearing to all persons affected by such appeal, of the time and place fixed by the city council for hearing such appeal. The city council shall direct the city clerk to mail a written notice, postage prepaid, to all such persons whose addresses are known to the city council.

B. Refunds. Pending decisions upon any appeal relative to the amount of any charge under this chapter or Chapters 13.08 and 13.12, the person making such appeal shall pay such charge. After the appeal is heard, the city council shall order refunded to the person making such appeal such amount, if any, as the city council shall determine should be refunded. (Ord. 16-13 § 5 (Att. 6 (part)): Prior code § 18.18)

13.04.190 Pollution of city reservoirs—Wading, swimming and cutting wood.

No person shall wade or bathe in or otherwise pollute the waters of the reservoirs supplying drinking water to the inhabitants of the city or the watercourses supplying such reservoirs. No person shall cut wood or shrubbery on the property on which such reservoirs are situated and which property is now or hereafter owned and used by the city for the purpose of its municipal water supply. No person shall fish in the reservoirs or picnic on such property without a permit to do so, issued and conditioned as prescribed by the city manager or his or her designee. (Ord. 16-13 § 5 (Att. 6 (part)): Prior code § 18.19)

13.04.200 Private fire service—Requirements—Rates.

Agenda Item #10.5.

The department may install a private fire service; provided, that the applicant complies with the general requirements governing water services set forth in this chapter or Chapters 13.08 and 13.12, together with the following special requirements:

A. The applicant shall enter into a private fire service agreement with the department, the terms of which shall be satisfactory to the department.

B. The services shall be satisfactory to the head of the public agency responsible for fire protection on the premises involved and to the Pacific Fire Rating Bureau. Each private fire service shall have installed therein a detector check valve of pattern and design approved by the director of public works. A “detector check valve” is defined as a spring-loaded or weight-loaded swing check valve equipped with a metered bypass.

C. The private fire service shall be used only for fighting fires and testing the fire protection system.

The charge for the service shall be set by council resolution. The charge shall include the cost of water used to fight fires and for authorized testing of the fire protection system. Any other use of water from the private fire service shall constitute a breach of the private fire service agreement. (Ord. 16-13 § 5 (Att. 6 (part)): Prior code § 18.21)

13.04.210 Public fire hydrants—Operation and maintenance—Rates.

The department shall install, relocate or remove a public fire hydrant when the following requirements are met:

A. A written request has been submitted to the department by the public agency responsible for fire protection setting forth the location and type of hydrant.

B. The estimated charges for the installation, relocation or removal as determined by the director of public works have been paid by such public agency or by a duly authorized private person.

C. Public fire hydrants shall belong to the city and be maintained by the water department. Public fire hydrants shall be operated only by authorized firefighting personnel, department personnel and such other persons as are granted specific permission to do so by the director of public works. Public fire hydrants shall be used only for fire suppression, testing of the fire protection system, fire drills and flushing and cleaning of mains, except where specific permission to use the hydrants for other purposes has been granted by the director of public works. (Ord. 16-13 § 5 (Att. 6 (part)): Prior code § 18.22)

13.04.215 City council authority and discretion to verify compliance.

A. The city council shall have the authority and discretion to take those actions it deems necessary and appropriate to determine the amount of water used by the city’s water users, and to verify and ensure compliance with agreements for the provision by the city of water, including without limitation the authority, consistent with requirements of state and federal law, to designate a city council subcommittee to review customer water use data and documents. Council subcommittee members shall report their findings to the full city council, and, except as set forth in subsection B of this section, shall maintain the confidentiality of the water customers’ usage data and information.

B. Notwithstanding any other provision in this code, upon the referral from the subcommittee that there has been a violation of or noncompliance with an agreement for the provision of water by the city, or a city water usage policy, the city council may determine that a water customer has used services in a Agenda Item #10.5.

manner inconsistent with applicable local usage policies, and on that basis order disclosure of any water customer’s water usage data and information. (Ord. 19-3 § 3 (Exh. A (part)): Ord. 19-1 § 3 (Exh. A (part)), 2019)
Article 2
Water Shortage Emergencies, Drought and Water Conservation

13.04.220 Procedure for establishing water emergency phases.

At any time that the city council finds and determines that a water shortage emergency condition exists within the criteria of Sections 13.04.230 through 13.04.250, and that it is necessary to limit usage by the customers of the municipal water department, the city council shall adopt a resolution setting forth the applicable phase. As soon as is practicable after adoption of such resolution, the city clerk shall cause to be published at least once, in a newspaper of general circulation published and circulated in the city, a notice declaring the establishment of such regulatory phase. Such notice shall set forth the limitations of water use applicable to the particular phase being established and shall further declare that violations of such limitations are punishable in accordance with the provisions of Sections 13.04.230 and 13.04.310.

The establishment of a particular phase shall be completed and effective as described in the resolution adopting the water shortage phase.

Whenever the cumulative rainfall for the current water year (beginning November 1st) is less than the median amount for the same time period, the director of public works or designee shall report at least monthly to the city council and recommend whether the city should enter into a water shortage phase, and if so, which phase is recommended.

At any time the state of California may require the city to conform with emergency drought regulations.

Notwithstanding any other provisions of this article, the city council may, at the recommendation of the director of public works, activate a water shortage phase as a means of compliance with emergency drought regulations adopted by the state. (Ord. 16-13 § 5 (Att. 6 (part)): Ord. 15-5 § 1 (part): Ord. 11-7 (part): Ord. 02-7A § 1 (part): prior code § 18.23)

13.04.221 Water conservation.

St. Helena has limited water resources and has adopted both required and encouraged conservation measures. All customers shall comply with all mandatory water use efficiency requirements within this chapter for water conservation. Any customer who fails to comply with the mandatory water conservation measures shall immediately stop the water waste by installing the appropriate watersaving devices in their plumbing, appliances, or improvements, or take other such actions as directed by the city to bring about full compliance.

A. All persons are encouraged to use the following water use efficiency guidelines to minimize water waste:

1. Establish procedures in the home and business to recycle water;

2. Install water-saving devices in existing facilities including low flow showerheads, faucet aerators, ULF (ultra low flush) toilets, and WaterSense certified (or successor certification) appliances;

3. Refrain from additional irrigation and unnecessary use of water, such as car washing, when the temperature exceeds ninety (90) degrees Fahrenheit;
Agenda Item #10.5.

4. Limit the expansion or installation of new water-using appliances, plumbing or improvements, such as lawns, landscaping, pools, sprinkler irrigation systems, wash-down equipment, larger washing machines or garbage disposal units. In the event that a new water-using appliance is necessary, installation of water efficient devices are encouraged;

5. All schools, social and professional groups, churches, etc., should discuss water conservation as a regular agenda item and forward worthwhile suggestions to the department for consideration and implementation;

6. Limit irrigation of potable water to landscaping between the hours of eight a.m. and eight p.m.; and

7. All sites with irrigated landscapes or gardens are encouraged to establish the following irrigation practices:
a. Turn off irrigation systems during the off-peak season (November through April) as defined in Section 13.04.080;
b. Reduce the amount of time for all outdoor irrigation.

B. Mandatory Conservation Measures. The following water conservation prohibitions and limitations are required by all persons:

1. The application of potable water to any driveway or sidewalk is prohibited, unless the person proposing such application of potable water documents to the director of public works’ satisfaction that application is necessary to abate a condition constituting a public health hazard.

2. Using a hose that dispenses potable water to wash a motor vehicle is prohibited, unless the hose is fitted with a shut-off nozzle.

3. Customers shall install new landscaping in existing or new development that is water efficient within the meaning of the state’s water efficient landscape ordinance.

4. Using potable water to water outdoor landscapes in a manner that causes runoff to adjacent property, nonirrigated areas, private and public walkways, roadways, parking lots or structures is prohibited.

5. Using potable water in a fountain or decorative water feature is prohibited, unless the water is part of a recirculating system.

6. Withdrawing water from fire hydrants, except for firefighting, firefighting training, and water system maintenance purposes, is prohibited.

7. Use of potable water for grading, dust control, street, pipeline or similar construction is prohibited.

8. The application of potable water to outdoor landscapes during and up to forty-eight (48) hours after measurable rainfall is prohibited.

Agenda Item #10.5.

9. No person shall use potable water to irrigate ornamental turf on public street medians.

10. Restaurants, hotels, cafes, cafeterias, bars or other public places where food or drink is served and/or purchased shall supply water to patrons only upon request.

11. Operators of hotels and motels shall provide guests with the option of choosing not to have towels and linens laundered daily. The hotel or motel shall prominently display notice of this option in each bathroom using clear and easily understood language.

12. All projects for which the planning department requires approved landscape plans must adhere to the city’s xeriscape standards or the state’s Model Water Efficient Landscape Ordinance, whichever is stricter, in order to obtain plan approval.

13. Any new water connection for new development must offset new demand by an amount of water equal to the new demand on the city water system using the methodology defined in Section 13.12.030.

The offset must be clearly demonstrated, to the satisfaction of the director of public works. (Ord. 16-13 § 5 (Att. 6 (part)))

13.04.230 Phase I water regulations.

A. The criteria for establishing Phase I shall be any or all of the following:

1. The supply/usage balance, as calculated at the beginning of the fiscal year, is in deficit;

2. The volume of water to be delivered by the city of Napa in any fiscal year will not exceed four hundred (400) AF;

3. The volume of water anticipated to be available prior to the next May 1st, as determined by the director of public works based on a reasonable projection of the rainfall for the next rainy season, is not sufficient to meet projected demand through May 1st without demand reduction measures being implemented; or

4. Conditions requiring the establishment of a Phase II water emergency, as determined by the director of public works, appear to be imminent.

B. During the Phase I water emergency, the following mandatory conservation measures by customers of the department shall be enforced by the department and publicized by the city:

1. All customers must be in compliance with all water conservation requirements of Section

13.04.221(B) (Water Conservation). If a customer is found to be out of compliance with any part of Section 13.04.221 or provisions of these water shortage emergency requirements, the customer must immediately stop the water waste by installing the appropriate water-saving devices in their plumbing, appliances, or improvements, or take other such actions to bring about full compliance.

2. All customers are prohibited from expanding or installing landscaping or appliances that will increase the overall water use of the property. Replacement of existing appliances, landscaping, plumbing, or improvements shall be allowed only if the change can be documented to the satisfaction of the director of public works to result in more efficient water-using fixtures or systems.

Agenda Item #10.5.

3. Customers shall cease the operation of air-cooling outdoor misting systems using treated water supplied by the city, unless on a timer.

4. Outdoor irrigation of ornamental landscapes or turf with potable water is limited to no more than two days a week. The director of public works shall specify the two days per week in accordance with the needs of any geographical area within the city.

5. No person shall use potable water to irrigate landscaping between the hours of eight a.m. and eight p.m.

6. Irrigation with potable water of landscapes outside of newly constructed homes and buildings shall be in a manner consistent with regulations or other requirements established by the California Building Standards Commission and the Department of Housing and Community Development. If irrigation systems are installed as a part of new development, they shall be drip or microspray irrigation systems or a system determined by the director of public works or designee to be more efficient.

7. Draining and refilling of swimming pools shall be permitted only as needed for the purpose of pool repair or to correct a severe chemical imbalance. Draining and refilling of decorative ponds and lakes shall be permitted only as needed for the purpose of lining the bottom to prevent absorption.

8. All new or replacement industrial and commercial clothes washers shall be high efficiency as defined by the U.S. Environmental Protection Agency. All new or expanded car washing facilities shall include water-saving methods.

9. In accordance with Section 864 of Title 23 of the California Code of Regulations or any successor regulation, the taking of any action prohibited in this subsection B, in addition to any other applicable civil or criminal penalties (including the penalties set forth in Sections 13.04.230 and 13.04.310), is an infraction, punishable by a fine of up to five hundred dollars ($500.00) for each day in which the violation occurs.

C. During the Phase I water emergency, the following actions shall be carried out by the city:

1. The city shall notify customers that one or more of the criteria for Phase I has been met, and shall identify and explain in sufficient detail each criterion that forms a basis for establishing a Phase I water emergency.

2. The city shall notify customers of the water usage allocation for each account that would be allowed under a Phase II water emergency if a Phase II water emergency appears to be imminent.

3. The city shall advise customers of the Phase I water shortage and of restrictions and opportunities for exception permits that are available under Section 13.04.280 if a Phase II water emergency appears to be imminent.

4. Any applicant for, or holder of, a building permit for construction that may be affected by the existence of this or future water emergency phases shall be informed of the impact of such phases, but lack of such notice shall not permit a new water connection that is otherwise prohibited.

Agenda Item #10.5.

5. The city shall not issue permits for construction of any new swimming pool unless the pool is to be supplied with water other than treated water supplied by the city. Customers are encouraged to fill existing pools from water other than treated water.

6. If a Phase II water emergency appears to be imminent, the city shall make plans for implementation of a water shortage disaster plan, which shall include provisions for:
a. Emergency water stations;
b. Acquisition of private property under the right of eminent domain, with immediate possession to alleviate the emergency; and
c. Application for relief assistance from county, state, and federal sources.

7. The city council shall give notice to any customer that has a terminable contract with the department (whereby the department is the supplier) that such contract will be terminated upon implementation of Phase III by the city council.

8. If the declaration of a Phase II emergency appears reasonably imminent, the city council shall cause a water advisory board to be formed consisting of one city council member, one planning commissioner, one winery customer, and two public members, one of whom shall be solely a residential customer. The director of public works shall be an ex officio member of this board. Unless the city council otherwise directs, the board will disband when the water emergency is no longer in effect. The water advisory board shall have access to all records in the possession of the water enterprise necessary in its judgment to perform its duties, including customer records. The board shall maintain the confidentiality of individual customer records unless the board determines by resolution that release of such information is necessary in the pursuit of its duties.

D. In addition to the mandatory measures defined in subsection B of this section, customers of the department and members of the community are encouraged to do the following:

1. Reduce all indoor water use to not more than an average of seventy-five (75) gallons per person per day within the residence, including single-family residences, apartments, condominiums, townhomes, mobile homes and manufactured homes.

2. Reduce indoor water use in the work place and commercial establishments by a minimum of ten percent (10%) from customary consumption.

3. Eliminate or defer all nonessential water use such as topping off swimming pools.

4. All schools, social and professional groups, churches, etc., are encouraged to discuss water conservation as a regular agenda item and to forward worthwhile suggestions to the department for consideration. (Ord. 21-4 § 2; Ord. 16-13 § 5 (Att. 6 (part)): Ord. 15-5 § 1 (part): Ord. 14-11 § 3 (Exh. A):

Ord. 14-9 § 5 (Exh. A): Ord. 11-7 (part): Ord. 02-7A § 1 (part): prior code § 18.23.1)

13.04.240 Phase II water regulations.

A. The criteria for establishing Phase II shall be:

Agenda Item #10.5.

1. The volume of water anticipated to be available prior to the next May 1st from all potable water sources, as determined by the director of public works based on a reasonable projection of the rainfall for the next rainy season, is not sufficient to meet the projected demands through May 1st without demand reduction measures beyond the Phase I reductions being implemented; or

2. Conditions requiring the establishment of a Phase III water emergency appear imminent.

3. In assessing the need to impose Phase II restrictions, due weight shall be accorded to the trigger system developed by the safe yield committee for use by the director of public works. The trigger system is based on water levels in Bell Canyon Reservoir, with the level necessary to trigger a water emergency being adjusted each month to reflect the supply capacity of groundwater and water to be delivered by the city of Napa at that time. Details of the system can be obtained from the director of public works.

B. All mandatory and voluntary measures established by Section 13.04.221, Water Conservation, and Phase I, Section 13.04.230(B), (C) and (D) shall be included in Phase II and publicized by the city except insofar as they are inconsistent with subsections C and D of this section.

C. The following mandatory conservation measures by customers of the department shall be enforced by the department:

1. Commercial, industrial, and institutional users other than dedicated irrigation accounts will receive an allocation per billing period which will be ten percent (10%) less than the average use during the same billing period from the three preceding nonshortage years; provided, that no commercial, industrial, or institutional user will be required to reduce usage to less than sixty (60) gallons per day.

Users with no prior record of use shall be governed by comparable facilities’ usage records as determined by the department. Commercial, industrial, and institutional customers with irrigation and domestic use provided by the same water meter may receive an additional landscape allocation of up to seventy (70) gallons per day per thousand (1,000) square feet of landscaped area during April through October by documenting the landscaped square footage served by city water to the satisfaction of the director of public works. For purposes of landscape allocation, the April allocation period will begin on the date the water meter is read in April, and the October allocation period will end on the date the water meter is read in November. Landscape allocations are provided for established nonturf plants only.

2. Residential users in the single-family residential, multifamily residential, mobile home and manufactured homes customer classes will receive an allocation per billing period which will be limited to sixty-five (65) gallons per person per day. Single-family residences will receive an additional twentyfive hundred (2,500) gallons per month from April through October for landscape irrigation. Multifamily residential, mobile home and manufactured homes customers may receive a landscape allocation of up to seventy (70) gallons per day per thousand (1,000) square feet of landscaped area during April through October by documenting the landscaped square footage served by city water to the satisfaction of the director of public works. For purposes of landscape allocation, the April allocation period will begin on the date the water meter is read in April, and the October allocation period will end on the date the water meter is read in November.

Agenda Item #10.5.

3. For a lawn, landscaping, vineyard or field watered or irrigated through a meter dedicated to that use, usage shall be limited to sixty percent (60%) of current reference evapotranspiration as established in the California Model Water Efficient Landscape Ordinance (MWELO) or successor regulations.

4. No new water connections shall be permitted during a Phase II water emergency.

D. During the Phase II water emergency, the following actions shall be carried out by the city:

1. The city shall notify customers of the water usage allocation for each account that would be allowed under a Phase III water emergency.

2. The department of public works shall make available, or arrange to have delivered, nonpotable water from either lower reservoir or, if permitted and available, tertiary treated wastewater to cityowned properties for irrigation purposes.

3. Nothing herein shall restrict the authority of the director of public works from imposing more severe usage restrictions on each class of water customer if circumstances so warrant. (Ord. 21-4 §§ 3, 4; Ord. 16-13 § 5 (Att. 6 (part)): Ord. 15-5 § 1 (part): Ord. 11-7 (part): Ord. 02-7A § 1 (part))

13.04.250 Phase III water regulations.

A. The criteria for establishing Phase III shall be:

1. The volume of water anticipated to be available prior to the next May 1st from all potable water sources, as determined by the director of public works based on a reasonable projection of the rainfall for the next rainy season, is not sufficient to meet the projected demands through May 1st without demand reduction measures beyond the Phase II reductions being implemented.

2. In assessing the need to impose Phase III restrictions, due weight shall be accorded the trigger system developed and defined by the safe yield committee for use by the director of public works. The trigger system is based on water levels in Bell Canyon Reservoir, with the level necessary to trigger a water emergency being adjusted each month to reflect the supply capacity of groundwater and water to be delivered by the city of Napa at that time. Details of the system can be obtained from the director of public works.

B. All mandatory and voluntary measures established by Section 13.04.221, Water Conservation, and Phases I and II, Sections 13.04.230(B), (C) and (D) and 13.04.240(B), (C) and (D), shall be included in Phase III and publicized by the city, except insofar as they are inconsistent with subsections C and D of this section.

C. The following mandatory conservation measures by customers of the department shall be enforced by the department:

1. Commercial, industrial, and institutional users other than dedicated irrigation accounts will receive an allocation per billing period which will be twenty percent (20%) less than the average use during the same billing period from the three preceding nonshortage years; provided, that no commercial, industrial, or institutional user will be required to reduce usage to less than fifty (50) gallons per day.

Users with no prior record of use shall be governed by comparable facilities’ usage records as determined by the department. The allocation for landscape irrigation will be fifty percent (50%) of the Agenda Item #10.5.

allocation in Phase II and will be based on the same meter reading period as for Phase II. Landscape allocations are provided for established nonturf plants only.

2. Residential users in single-family residential, multifamily residential, mobile home and manufactured homes customer classes will receive an allocation per billing period which will be limited to sixty (60) gallons per person per day. The allocation for landscape irrigation will be fifty percent (50%) of the allocation in Phase II and will be based on the same meter reading period as for Phase II.

Landscape allocations are provided for established nonturf plants only.

3. For a vineyard or approved field (as approved by the water advisory board) watered or irrigated through a meter dedicated to that use, the allocation shall be limited to thirty percent (30%) of current reference evapotranspiration as established in the California Model Water Efficient Landscape Ordinance (MWELO) or successor regulations, and irrigation will be allowed for established nonturf plants only.

4. All nonessential uses of water shall be prohibited. Nonessential uses shall include, but not be limited to, the following:
a. The use of water for irrigation of turf, lawns, or landscaping; b. The refilling of swimming pools, hot tubs and spas, except as required by the fire chief for use as standby neighborhood fire protection. The fire chief shall maintain a list of such pools to be on file at the fire department.

5. No new water connections for new development shall be permitted.

D. During the Phase III water emergency, the following actions shall be carried out by the city:

1. The department shall terminate all nonessential contracts which are terminable. (Ord. 21-4 §§ 5, 6; Ord. 16-13 § 5 (Att. 6 (part)): Ord. 15-5 § 1 (part): Ord. 11-7 (part): Ord. 02-7A § 1 (part): prior code §

18.25)

13.04.260 Permitting for exportation of groundwater during water emergencies.

A. Definitions. As used in this section:

1. “City” shall mean the city of St. Helena.

2. “Contiguous parcels” means parcels which abut, adjoin or otherwise touch each other at more than one point along a common boundary or which would do so except for separation by a strip of land over which some person or entity, other than the owner of the parcels, has some property interest, including fee title or some lesser interest, such as a leasehold or easement. Examples of such strips of land include, but are not limited to, roads, streets, utility easements, railroad rights-of-way, canals and drainage channels.

3. “Department” means the city department of public works.

4. “Director” means the city director of public works or his or her designee.

Agenda Item #10.5.

5. “Contaminated groundwater” means groundwater that has been altered by waste, seawater intrusion or other material to a degree which creates a hazard to the public health through actual or potential poisoning or through actual or potential spreading of disease.

6. “Export” means the extraction of groundwater underlying the city for use outside of the parcel from which it originates.

7. “Groundwater” means water beneath the surface of the earth within the zone below the water table in which the soil is completely saturated with water but does not include water that flows in known and definite channels.

8. “Groundwater basin” means a groundwater basin or subbasin identified and defined in Bulletin 118 or as modified pursuant to Water Code Section 10722 et seq.

9. “Person” means any person, firm, association, organization, partnership, business, trust, corporation, limited liability company, or local public agency, including any city, county, city and county, district or joint powers authority.

10. “Recharge” means flow to groundwater storage from precipitation, irrigation, infiltration from steams, spreading basins and other sources of water.

11. “Site” means any lot or parcel of land or contiguous combination thereof having the same owner, the same lessee or the same controlling entity in existence on the effective date of the ordinance codified in this chapter.

12. “Usable storage capacity” means the quantity of groundwater of acceptable quality that can be economically withdrawn from storage.

13. “Water year” means the year beginning January 1st and ending December 31st.

B. Permit. Unless otherwise exempt, during a Phase II or Phase III water emergency, no person shall export groundwater underlying the city without first obtaining a permit as provided in this section. In order to apply for a permit, the person must be in compliance with any conditional use permits or other city land use regulations applicable to the property.

C. Exemptions. This section shall not apply to the export of groundwater in the following circumstances:

1. To prevent the flood of lands;

2. To prevent the saturation of the root zone for agricultural land;

3. Movement of groundwater consistent with historical practice within a parcel or between contiguous parcels having the same owner, the same lessee or the same controlling entity in existence on the effective date of this section;

4. Movement of contaminated groundwater required by compliance orders issued by local, state or federal agencies that is pumped and treated to remove contaminants that are in violation of the Agenda Item #10.5.

standards for beneficial use. The extracted and treated water may be exported without a permit if the release complies with discharge permits issued by the local, state or federal resource agencies.

D. Application for an Export Permit. An application for an export permit shall be filed with the city on a form specified by the director, which shall include all information specifically requested thereon and other information required by the director to address specific aspects of the proposed groundwater export. Information to support the requirements listed in subsection F of this section must be provided in order for the director to deem the application complete. The application for an export permit shall be accompanied by the deposit of fees for these purposes, as established by city council resolution.

E. Procedures for Processing.

1. As determined in the judgment of the director, the director shall review the application with potentially affected city departments, with the staff of applicable state and federal agencies, with local water agencies and with any potentially affected party. In reviewing the application, the director shall consider any relevant groundwater management plan, including, without limitation, any groundwater management plan adopted pursuant to California Water Code Section 10750 et seq., or Section 10720 et seq., or any other relevant information provided by the applicant.

2. Upon completion of the export permit application review process, a public hearing before the director on the export permit application shall be noticed and conducted as follows:
a. Notice of Hearing. Notice of public hearing shall be given as provided in Government Code Sections 65090 and 65091, except as follows:
i. Content of Notice. In addition to the information required by Government Code Section 65094, the notice shall declare that the application will be acted on without a public hearing if no request for a hearing is made in compliance with subsection (E)(2)(b) of this section. ii. Method of Notice Distribution. Notice of public hearings shall be given as provided by Government Code Sections 65090 and 65091.
iii. Additional Notice Provided. The public notice shall include mailed notice to all owners of property located within a one-mile radius of the exterior boundaries of the site from which the export is to occur. b. Public Hearing. A public hearing on an export permit shall occur only when a hearing is requested by the applicant. This request shall be made in writing to the director no later than seven days after the date of the public notice provided in compliance with subsection (E)(2)(a) of this section. In the event that a public hearing is required, the export permit application shall be scheduled for a hearing on the date and time as defined in the public notice. Any person may provide written comments relevant to the impact of the exportation of groundwater on the groundwater resources within the city. The hearing shall be conducted under such rules as set by the director. c. Final Decisions on Export Permit Applications. After the conclusion of public testimony in the case of a public hearing, or after the time period within which a hearing may be requested under subsection (E)(2)(b) of this section if no hearing is requested, the director shall:
i. Announce his or her decision on the export permit application; Agenda Item #10.5.

ii. Announce that his or her decision is final unless appealed pursuant to subsection (E)(4) of this section.

Notwithstanding the foregoing, the director may continue the hearing to a date certain to provide additional time to evaluate information obtained at the hearing prior to a final decision.

3. The director’s decision may be appealed to the city council consistent with subsection I of this section.

4. Notice of the director’s decision shall be mailed within five calendar days of final action to the person that has applied for the permit, any person who requested a hearing, and all other persons or entities referred to in subsection (D)(1) of this section.

F. Evidence Required for Export Permit Approval.

1. An export permit shall be approved only if the applicant provides evidence demonstrating to the satisfaction of the director that the proposed export will not cause or contribute to significant detrimental impacts to groundwater resources within the city or on the groundwater basin from which the groundwater is exported. An application must include evidence demonstrating to the satisfaction of the director the following:
a. The proposed export will not adversely affect the long-term ability for storage or transmission of groundwater within the groundwater basin from which the groundwater is exported; b. The proposed export will not (together with other extractions) result in chronic lowering of groundwater levels and will not result in well interference with wells owned or relied upon by others or create a cone of depression that extends beyond the applicant’s land or otherwise operate to the injury of the reasonable and beneficial uses of overlying groundwater users; c. The proposed export will not result in, expand or significantly exacerbate groundwater quality degradation;
d. The proposed export will not result in injury to a water replenishment or recharge, storage, restoration or conveyance project;
e. The proposed export will not result in, expand or significantly exacerbate land subsidence; f. The proposed export will not result in, expand, or significantly exacerbate depletions of interconnected surface water; and
g. The proposed export will not otherwise be detrimental to the environment or to the health, safety and welfare of property owners overlying or in the vicinity of the proposed exportation site.

G. Conditions of Export Permit Approval. If the export permit is to be approved, the director may impose appropriate conditions of permit issuance so as to prohibit and prevent any significant detrimental impacts to groundwater resources within the city described in subsection F of this section or other adverse conditions and may impose other conditions that the director deems necessary to Agenda Item #10.5.

promote or maintain the health, safety and welfare of the people of the city. The director may incorporate into each export permit a monitoring and/or reporting program.

H. Reapplication After Director Denial. Reapplication for an export permit which has been denied by the director may not be filed with the director until the following water year and must be accompanied with information that demonstrates a significant change in circumstances from those which caused the denial of the previous export permit application.

I. Appeal of Director Action.

1. The applicant may appeal a decision of the director by filing a written request with the clerk of the city council within fifteen (15) days of issuance of the director’s decision. Any such appeal shall specifically set forth the procedural and substantive reasons for the appeal or be deemed incomplete and ineffectual. The clerk shall set a city council hearing within thirty (30) days of receipt of a complete request for appeal which shall be heard within ninety (90) days of notice thereof. Written notice of appeal shall be given to the director, the permit applicant, and the appellant, and the appeal hearing shall be published pursuant to Government Code Section 6061.

2. The city council shall hear the appeal de novo except where the appeal is confined to a condition imposed by the director in which event the hearing and the decision of the city council shall relate only to such condition. The appeal before the city council shall be conducted under such rules as set by the city council. At its discretion, the city council may impose conditions for approval as it finds necessary to protect the interests of the city and its citizens. The decision of the city council shall be final.

J. Review of Export Permit. The permit granted pursuant to this section shall be subject to periodic staff review in consultation with the permittee. In the event that the department determines that a material violation of the conditions of the permit has occurred, the permittee shall immediately bring itself into compliance. A determination of violation shall be in writing and include specific findings in support of the decision. A determination of violation may be appealed to the city council by the permittee using the appeal process as described in subsection I of this section.

K. Export Permit Term. Approved permits shall be valid for a term, as determined by the director, not to exceed one year from the date of issuance of the export permit. If a permittee presents information demonstrating that there has been no significant change in circumstances from those which caused the approval of the previous export permit application, the export permit may be renewed by the director for a term, as determined by the director, not to exceed one year from the date of issuance of the renewed export permit. The permittee shall submit the written request for the renewal to the director at least ninety (90) days prior to the export permit expiration date along with information as requested by the director and with the deposit of fees for these purposes, as established by city council resolution.

The director shall consider the request for renewal in accordance with the procedures set forth in subsections D through G of this section. The permittee may appeal the decision of the director in the manner described in subsection I of this section. The director may renew a permit an unlimited number of times following the procedures contained herein for each renewal.

L. Inspection. After providing written notice to the permittee, the director or designee, with good cause, may at any reasonable time enter any and all places, property, enclosures and structures, for the purpose of making examinations and investigations to determine whether any provision of this section or an approved permit is being violated.

Agenda Item #10.5.

M. Notice of Violation. Upon receiving knowledge of an alleged violation of this section, the city will provide written notice of the alleged violation to the violating party. The notice shall detail the alleged violation and require the violating party to cease and desist immediately upon receipt of such notice from the alleged violating activities or within five working days prove to the city, by meeting with the director or his or her designee, that the alleged violating activities, in fact, do not violate this section, or that there are mitigating reasons surrounding the alleged violating activities. The notice shall also include details of the potential penalties for violations of this section.

N. Penalty for Violation.

1. If, within five working days, after receipt of a notice issued in accordance with subsection M of this section, the violating party has not complied with subsection M of this section, the city may elect to proceed with any or all of the following remedies for violation of this section:
a. Any person who exports water during water emergencies without a valid permit issued by the city in violation of this chapter is guilty of a misdemeanor for each day in which such well is used or operated in violation of this chapter. Such violation shall be punishable pursuant to Chapter 1.20. b. Any person who knowingly makes any false statements, representation, record, report, plan or other document filed with the city, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter, shall be punished by a fine of not more than ten thousand dollars ($10,000.00) or by imprisonment in a county jail for not more than six months, or by both. The city attorney, upon order of the city council, shall petition the superior court to impose, assess, and recover such sums.

O. Limitation of Permit. Nothing contained in this section or in the conditions of an issued permit shall be construed as giving the permittee an exclusive right to groundwater extraction. Any issued permit shall not exempt, supersede or replace any requirements of federal, state, and local laws and regulations, including but not limited to California Water Code Section 10720 et seq., and California Water Code Section 1200 et seq.

P. Severability. If any section, subsection, sentence, clause or phrase of this section is for any reason held illegal, invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. The city council hereby declares that it would have passed this section and each subsection, sentence, clause, or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared illegal, invalid or unconstitutional. (Ord. 21-5 § 2)

13.04.270 Termination of water emergency phases.

Water emergency phases shall be terminated or changed to a less critical phase in the same manner as they are established in accordance with criteria set forth in the preceding sections and at the discretion of the city council. (Ord. 16-13 § 5 (Att. 6 (part)): Ord. 15-5 § 1 (part): Ord. 11-7 (part): Ord. 02-7A § 1 (part): prior code § 18.28)

13.04.280 Exception permits.

A. Under a Phase II or Phase III water emergency, the director of public works shall, with such conditions as seem to him or her to be reasonable, grant exception permits in addition to any basic Agenda Item #10.5.

allocation, on application of a water customer submitted under penalty of perjury, based on the conditions defined in this section. The city may provide a process for certification of efficiency, lot size, medical condition, or efficient and essential use prior to declaration of a water shortage emergency condition which could result in a customer being prequalified for exception.

1. For any customer with an allocation based on previous water use, if it can be demonstrated to the satisfaction of the director of public works that water conservation measures beyond those required in Chapter 13.12 were in place prior to the preceding nonshortage year, an additional quantity of water may be allocated to recognize the higher efficiency in place prior to the water emergency condition.

2. For single-family residential parcels exceeding seven thousand (7,000) square feet in area, the quantity of up to twenty (20) gallons per day for each one thousand (1,000) square feet that the property area exceeds seven thousand (7,000) square feet for the purpose of maintaining mature landscape or orchard plants. For purposes of this subsection, multiple parcels maintained and fully landscaped as one property may be computed as being one parcel. An exception granted based on this subsection shall allow the use of no more than an additional two hundred fifty (250) gallons per day for this purpose.

3. For medical conditions of a resident, a quantity as required to maintain health standards.

4. For any customer with an allocation based on previous winter water use, if it can be demonstrated to the satisfaction of the director of public works that efficient and essential water uses are not represented in average winter water use, an additional quantity of water may be allocated to provide for these efficient and essential needs.

B. The water advisory board shall meet at least monthly and may grant permits for uses of water or for exceptions to water conservation measures or for water connections otherwise prohibited by Sections

13.04.230, 13.04.240, and 13.04.250 if it finds and determines that such regulations would:

1. Cause an unnecessary and undue hardship to the applicant or to the public;

2. Cause an emergency condition affecting the health, sanitation, fire protection, or safety of the applicant or public; or

3. Promote water conservation by providing for the establishment of water efficient landscaping meeting the standards of Section 17.112.140 and such policies and regulations as have been adopted to implement the provisions of that chapter, replacing more water-intensive landscaping.

C. The water advisory board of the city shall prescribe necessary procedures for application for and use of exception permits.

D. Any decision of the director of public works in granting or denying exceptions may be appealed by the applicant or any other person to the water advisory board by filing a written appeal with the city clerk within ten (10) calendar days after the date of mailing of written notice to the applicant of the decision rendered. The water advisory board shall use its best efforts to hear and determine such appeal within twenty (20) days, and shall affirm, reverse, or modify the decision.

Agenda Item #10.5.

E. Any decision of the water advisory board may be appealed by the applicant to the city council according to the provisions of Chapter 1.16. (Ord. 16-13 § 5 (Att. 6 (part)): Ord. 15-5 § 1 (part): Ord. 11-7 (part): Ord. 02-7A § 1 (part): prior code § 18.28.1)

13.04.310 Violation—Misdemeanor.

Notwithstanding any provision of this code to the contrary, the provisions of Section 377 of the California Water Code shall be applicable to any violation of this article. Any person violating any of the provisions of this article shall be guilty of a misdemeanor. Upon conviction thereof, such person shall be punished by imprisonment in the county jail and/or fined in accordance with the penalties as set forth in the provisions of Section 377 of the California Water Code. (Ord. 16-13 § 5 (Att. 6 (part)): Ord. 15-5 § 1 (part): Ord. 11-7 (part): Ord. 02-7A § 1 (part): prior code § 18.30) Article 3
Water Theft Regulations, Penalties, and Enforcement

13.04.400 General provisions relating to water theft.

Because water is a vital resource, the city has determined that it is appropriate to adopt a city prohibition on water theft and impose civil administrative penalties for the theft of water. (Ord. 21-6 § 2 (Exh. A))

13.04.410 Prohibition of water theft—Administrative penalties.

A. For the purposes of this article, “water theft” means and includes all of the following:

1. The use, diversion, receipt or taking of city water by any means from any public fire hydrant, blowoff valve, water main, water service lateral or other city facility or connection to a city facility to which a city authorized metering device has not been installed or has been removed by the city; and

2. The use, diversion, receipt, or taking of city water by any means without paying the full and lawful city charges for such water, or by tampering with city property or facilities, such as by removing a lock or plug that has been placed on a customer’s service or meter or unauthorized use, or by tampering with a service connection or bypassing a meter, or by making an unauthorized connection to any city facilities or any public fire hydrant.

B. For the purposes of this article, “unauthorized use” includes the use of water from a stationary service connection where lawful water service has been discontinued or from a public fire hydrant to supply water outside of the city service area, regardless of whether payment is provided to the city for the water drawn from the public fire hydrant, or any use of a hydrant meter in violation of the terms and conditions of a hydrant meter permit.

C. Water theft is prohibited. Each act of water theft constitutes a misdemeanor.

D. The city may report any water theft to the appropriate prosecuting agency and press for prosecution of said activity pursuant to the Penal Code. In addition to pursuing criminal penalties, the city, upon discovering water theft or tampering with city property, may also pursue the following remedies or any other remedies available at law or equity:

1. Require the immediate removal of any equipment, connections or tools used to accomplish the water theft that is attached to city property;
Agenda Item #10.5.

2. Charge the customer or perpetrator an administrative penalty for any form of water theft as follows:
a. Five hundred dollars ($500.00) for the first violation; b. One thousand dollars ($1,000.00) for a second violation within two years; and c. Two thousand dollars ($2,000.00) for each violation thereafter within two years. (Ord. 21-6 § 2 (Exh.

A))

13.04.420 Other remedies.

In addition to any other remedies provided in this article or available under applicable law, the city may also seek injunctive relief in the superior court or take enforcement action. All remedies provided herein shall be cumulative and not exclusive. If a customer or any other person turns on water service without city authorization, tampers with any locked water meter, tampers with a service connection or city facilities, bypasses a meter, makes an unauthorized connection to city facilities without city permission, or otherwise commits water theft, the city may:

A. Discontinue water service pursuant to the applicable provision(s) of Section 13.04.130; B. Charge the customer or perpetrator an estimated amount based upon the historical water use, meter use, or other comparable means of estimation (noncustomers shall be charged based upon the highest city water rate at the time of the occurrence); C. Charge the customer for the damage to the city lock, meter or other property; D. Remove the meter and plug the service;
E. Terminate and remove the service from its connection to the water main; F. Charge a deposit of two times the amount of the average use to reestablish service; and G. Require the return of any temporary water meter. (Ord. 21-6 § 2 (Exh. A))

13.04.430 Payment and appeal procedures.

The city shall calculate the amount of damages and penalties to be imposed, and shall send a bill to the customer or, if the offender is not a customer of record, an invoice, for payment of the damages and penalties.

A. All costs relating to the city’s processing and handling of the water theft, and investigation and enforcement thereof, shall be borne by the party having responsibility for the water account at the time of the water theft. Charges related to the handling of the water theft and/or reestablishment of the service shall be borne by the party requesting service. These charges include, but are not limited to, service call charges, water charges, turnoff of service, plug and/or termination fees. Before the meter will be replaced and service reestablished, the party requesting service shall deposit twice the average monthly water bill, the cost of a new water meter and installation (if required), any increase in capacity fees between the date of removal of the meter and the date service was resumed, in addition to all Agenda Item #10.5.

service call charges, all charges that were delinquent at the time of removal, and an amount representing any damage to city property. The city may enforce payment of any unpaid amounts through any available legal means, which may include, but not be limited to, placement with an authorized collection agency, transfer of delinquent balances to other active accounts, requiring full payment before establishing future accounts with the city, termination of water service to the account, and/or filing a lien for unpaid amounts.

Where a water account is not assigned, all charges relating to the city’s processing and handling of the water theft, and investigation and enforcement thereof, shall be borne by the party taking the water, including, but not limited to, the cost of any water used inside or outside the city’s service area, charges for any damage to city facilities and equipment, and costs of investigation and enforcement. The city may enforce payment of any unpaid amounts through any available legal means, which may include, but not be limited to, placement with an authorized collection agency, transfer of delinquent balances to active accounts, requiring full payment before establishing any account with the city, and/or filing a lien for unpaid amounts.

B. Any person (an “appellant”) who wishes to appeal the imposition of damages or penalties imposed by the city pursuant to this article shall comply with the following procedures:

1. The appellant shall submit a written appeal to the city’s director of public works no later than fifteen (15) calendar days from the date of the bill or invoice sent to the customer or offender.

2. A response to the appeal shall be provided by the director of public works within thirty (30) calendar days from receipt of the appeal.

3. If an appeal request is denied, in whole or in part, the appellant may resubmit the appeal for review by the city manager or his or her authorized designee. The appeal shall be resubmitted no later than fifteen (15) calendar days from the date of the denial of the appeal by the director of public works. The appellant may request to provide evidence in writing or in person in support of his or her appeal to the city manager or his or her authorized designee.

4. A response to the appeal shall be provided by the city manager or authorized designee within thirty (30) calendar days from receipt of the appeal. The decision by the city manager or authorized designee shall be final.

5. Within ten (10) days after the denial of the appeal, in whole or in part, the appellant shall pay the damages and penalties imposed by the city.

6. The provisions of Section 1094.6 of the Code of Civil Procedure of the state of California shall be applicable to judicial review of the decision. (Ord. 21-6 § 2 (Exh. A)) Agenda Item #10.5.

Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: February 13, 2024
FROM: Eric Janzen, Assistant Public Works Director
SUBJECT: Waiver of second reading and proposed adoption 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:

Waive second reading and adoption the 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.

PREVIOUS COUNCIL
ACTION:

On January 23, 2024, the City Council introduced and
waived 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.

STATEMENT OF THE
PURPOSE:

To adopt 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.

Agenda Item #10.6.

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

On January 23, 2024, the City Council conducted and approved a 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.

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 Agenda Item #10.6.

"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.

As noted at the January 23, 2024 City Council meeting, staff will provide a subsequent staff report for City Council action to delineate specific addresses where the City will remain responsible for sidewalk maintenance (e.g. downtown sidewalks).

ENVIRONMENTAL REVIEW: Not a CEQA project.

DOCUMENTS ATTACHMENTS:
_ORDINANCE.St. Helena_ Ordinance re Property Owner's Obligation to Maintain Sidewalk
_CURRENT.SHMC Section 12.08.Sidewalk Maintenance Revised TrackChange Revised
Agenda Item #10.6.

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 #10.6.

-2-
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 #10.6.

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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 #10.6.