City of St. Helena
Regular City Council Meeting
Tuesday, April 23, 2024 @ 6:00 PM
Vintage Hall Board Room - Second Floor
465 Main Street, St. Helena
PLEASE NOTE: Any person who wishes to speak regarding an item on the agenda or make a comment under the "Oral Communication" portion of the agenda may do so, but please observe the time limit of four minutes. The Mayor may reduce the four minute time limit for all speakers in circumstances where a large number of citizens intend to make public comment.
Public comment for meetings will be accepted via email to [email protected]. All public comments must be received three hours prior to the meeting. All other public comments received after the deadline will be attached to the item the next business day or soon thereafter. Public comments will not be read out loud but will be publicly available and attached to the on-line agenda.
The schedule of upcoming meetings and published meeting agendas can be found on the City of St. Helena website at https://sthelena.civicweb.net/portal/.
Page
1. CALL TO ORDER
2. ROLL CALL
Mayor: Paul Dohring, Vice Mayor Eric Hall:, City Council Members: Anna Chouteau, Patrick Kenealy, Billy Summers
3. PLEDGE OF ALLEGIANCE
4. ADOPTION OF THE AGENDA
5. APPROVAL OF THE MINUTES
Estimated start time: 6:05 p.m.
5.1. Consideration and proposed approval of Regular Meeting Minutes of April 9, 2024.
04-09-2024 Regular City Council - Minutes
9 - 16
6. PUBLIC FORUM:
Members of the public are entitled to speak on matters of municipal concern not on the agenda during Public Forum. Each person’s comments shall be limited to 4 minutes. Each person is entitled to speak on any non-agendized item only once at any meeting. Brief questions by Council Members for clarifications may be posed and answered, and Council Members may make requests that items be placed on future agendas, but in accordance with state law, no substantive discussion or action may take place unless and until the matter properly appears on the agenda.
Estimated start time: 6:10 p.m.
7. REPORTS BY STAFF AND CITY COUNCIL, FUTURE AGENDA ITEMS, AND
AB 1234 REPORTS:
Reports by staff and/or Council Members on items of general interest. Brief questions for clarification may be posed and answered, and Council Members may request that items be placed on a future agenda. Except under certain circumstances, the Brown Act prohibits any other discussion or action by the City Council.
Estimated start time: 6:15 p.m.
8. PRESENTATIONS AND PUBLIC RECOGNITIONS
8.1. Proclamation for Historic Preservation Month May 2024 presented to Executive Director of Napa County Landmarks, Christine French Estimated start time: 6:20 p.m.
Proclamation
17 9. STAFF BRIEFING
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. Approval of a resolution approving a Professional Services Agreement with Land Revision for Fire Fuel Abatement Services for a Two (2) year contract period for a total amount Not-To-Exceed $300,000 with one additional 1-year extension and authorizing the City Manager to execute the agreement.
CEQA Determination: Not a CEQA project
Prepared By: Lesley Milton, Asst. to the City Manager
Recommendation:
Approve a resolution authorizing execution of the contract.
Staff Report - Pdf
19 - 39
10.2. Consideration of a Resolution to set a Public Hearing for 6:00 p.m.
Tuesday, June 11, 2024, to consider objections to the proposed annexation of the property known as 2126 Madrona Avenue, St.
Helena, CA (APN 009-470-010), into the St. Helena Municipal Sewer District No. 1, MSD Annexation No. 149.
CEQA Determination: Not a CEQA project
Prepared By: Rebecca White, Administrative Assistant
Recommendation:
It is recommended City Council approve the Resolution and set a Public Hearing for June 11, 2024 to consider objections to the proposed annexation of the property known as 2126 Madrona Ave (APN 009- 470-010), into the St. Helena Municipal Sewer District No. 1, MSD Annexation No. 149.
Staff Report - Pdf
41 - 49
10.3. Approval of a Resolution authorizing a Sign-on and Retention Bonus for the Water Chief Plant Operator and Wastewater Chief Plant Operator classifications in the amount of $25,000 paid over a 36-month period.
CEQA Determination: Not a CEQA project
Prepared By: Mandy Kellogg, Administrative Services Director Recommendation:
Staff recommends approval of the attached resolution.
Staff Report - Pdf
51 - 54
10.4. Consideration and proposed approval of a resolution approving a joint use agreement with St. Helena Unified School District for City use of the Vintage Hall Board Room through June 30, 2028 for a total cost not to exceed $55,000.
CEQA Determination: Not a CEQA project
Prepared By: Cindy Tzafopoulos, City Clerk
Recommendation:
Adopt the resolution.
Staff Report - Pdf
55 - 63
10.5. March 2024 Review and Forecasting of City Water Supply Availability.
CEQA Determination: Not a CEQA project
Prepared By: Ian Dale, Environmental Services Tech
Recommendation:
Receive and file.
Staff Report - Pdf
65 - 70
10.6. Proposed Approval of Resolution Approving Amendment No. 5 to the Professional Services Agreement with Willdan Financial Services in the amount of $9,800 for a Total Contract Not-to-Exceed Amount of $131,235 for a User Fee Study Update.
CEQA Determination: Not a CEQA project
Prepared By: Mandy Kellogg, Administrative Services Director Recommendation:
Staff recommends approval of the attached resolution.
Staff Report - Pdf
71 - 112
10.7. Proposed approval of a resolution authorizing an administrative budget line-item correction in the amount of $86,308 for an administrative amendment correction related to Murray Building, Inc. for the completed project No. C22-0001, Napa Valley Tenant Improvements.
CEQA Determination: Not a CEQA project
Prepared By: Yosselyn Valencia, Finance Manager
Recommendation:
Staff recommends approval of the attached resolution.
Staff Report - Pdf
113 - 151
10.8. Consideration and approval of a resolution authorizing the City Manager to execute a Professional Services Agreement with 153 - 200
Devastating Pyrotechnics, Inc., in the amount of $40,000 for the July 4, 2024 fireworks display.
CEQA Determination: Not a CEQA project
Prepared By: Dave Jahns, Parks & Recreation Director
Recommendation:
Staff recommends reviewing the proposed plan for the 4th of July and provide direction to staff. If comfortable moving forward with a fireworks display, authorize the City Manager to enter into a Professional Services Agreement with Devastating Pyrotechnics, Inc.
Staff Report - Pdf
11. PUBLIC HEARINGS
Estimated start time: 6:40 p.m.
11.1. Approval of introduction and first reading of an Ordinance approving General Plan Amendments (GPAs 2024-001, 002, 003, 004, 005, 006) to update the General Plan’s Land Use Map (Figure 2.1) and Zoning Map Amendments (ZMAs 2024-001, 002, 003, 004, 005, 006) referenced in St. Helena Municipal Code Section 17.01.070, to bring these maps into conformance with the City’s adopted 2023-2031 Housing Element, and find that the proposed changes are consistent with the adopted Addendum to the General Plan Environmental Impact Report prepared for the Housing Element.
CEQA Determination: General Plan Environmental Impact Report Addendum pursuant to CEQA Guidelines Section 15164
Prepared By: Aaron Hecock, Senior Planner
Recommendation:
Approval of introduction and first reading by title only and waive further reading of the proposed Ordinance to:
1. Find that the proposed changes to General Plan Figure 2.1 and the City’s Zoning Map are consistent with adopted
Addendum to the General Plan Environmental Impact
Report prepared for the Housing Element and in
compliance with the California Environmental Quality Act; and
2. Adopt an Ordinance approving General Plan Amendments (GPAs 2024-001, 002, 003, 004, 005, 006) Updating
General Plan Figure 2.1 and Adopt Zoning Map
Amendments (ZMAs 2024-001, 002, 003, 004, 005, 006)
to identify zone changes for the designated Housing
Opportunity Sites to be consistent with the 2023-2031
Housing Element, and incorporating these changes into
the General Plan and Zoning Maps; and
3. Consider directing staff to analyze the feasibility of other units to replace Site 10 after adoption of the Ordinance and recertification of the Housing Element by HCD.
Staff Report - Pdf
201 - 1173
Presentation
FAQ Opportunity Site 10
Public Comment. Ariana Peju
Public Comment.Caroline Sjostedt
Public Comment.Jessica Stielu
Public Comment.Lizette Fiallo
Public Comment.Pat Friday
Public Comment.Brian Driscoll
Public Comment.Patrice Ferguson
Public Comment.Gemma Hanna.
Public Comment.Linda Reiff.
Public Comment.Nancy King.
Public Comment.Tina & Tom DeGeorgio.
Public Comment.William Wagner.
Public Comment.Ian White.
Public Comment.Laura Keir
Public Comment. Anthony Filipps
Public Comment.Karen Williams
Public Comment.Christy and Peter Palmisano
Public Comment.Garth Neil
Public Comment.LisaMarie Andersen
Public Comment.Danielle Davis.
Public Comment.Susan Kenward.
Public Comment.Mike Quaglia
Public Comment.Maxine L. Angell
Public Comment.Amy Particelli
Public Comment.Ana Canales & Bruce Streblow
Public Comment. Jessica Hague
Public Comment.David Prueter
Public Comment.20240423 Water Audit Comment Letter re Housing Element
Public Comment.20240423 Attachment to Water Audit Comment re Housing Element
Public Comment.Elaine Lund
Public Comment.Rick Tooker
Public Comment.Jeannie Kerr
Public Comment.Patti Antonaccio
11.2. Introduction and First Reading of an Ordinance Adding Chapter 8.44 to Title 8 (Boarded and Vacant Buildings) of the St. Helena Municipal Code.
CEQA Determination: Exempt
Prepared By: Ethan Walsh, City Attorney
Recommendation:
Introduce by title only and waive further reading of an Ordinance Adding Chapter 8.44 to Title 8 (Boarded and Vacant Buildings) of the St. Helena Municipal Code.
Staff Report - Pdf
1175 - 1184
12. OLD BUSINESS
None
13. NEW BUSINESS
None
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 May 14, 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 April 18, 2024.
Cindy Tzafopoulos, City Clerk
In Compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please call the City Clerk’s Office (707) 967-2792. Notification 72 hours prior to the meeting as required by
Section 202 of the Americans with Disabilities Act will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
CHALLENGING DECISIONS OF CITY ENTITIES
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City of St. Helena is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision, including without limitation Government Code section 65009 applicable to many land use and zoning decisions, Government Code section 66499.37 applicable to the Subdivision Map Act, and Public Resources Code section 21167 applicable to the California Environmental Quality Act (CEQA). Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. Government Code section 65009 and 66499.37, and Public Resources Code section 21167, impose shorter limitations periods and requirements, including timely service in addition to filing.
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, April 9, 2024 @ 6:00 PM
Vintage Hall Board Room - Second Floor
465 Main Street, St. Helena
A complete video recording of this meeting, except for closed session, can be found at https://sthelena.civicweb.net/Portal/ or by calling the City Clerk at (707) 968-2742. The City Council video is the official record of the Council meeting.
Present: Mayor Paul Dohring, Vice Mayor Eric Hall, Council Member Anna Chouteau, Council Member Patrick Kenealy, and Council Member Billy Summers
Absent: None
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. ADOPTION OF THE AGENDA
4.1 Vice Mayor Eric Hall moved to adopt the agenda as presented. The motion was seconded by Council Member Anna Chouteau and on roll call carried by the following vote:
AYES: Mayor Paul Dohring, Vice Mayor Eric Hall, Council Member Anna Chouteau, Council Member Patrick Kenealy, and Council Member Billy Summers
NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
5. APPROVAL OF MINUTES
5.1 Consideration and proposed approval of Regular Meeting Minutes of March 26, 2024.
Vice Mayor Eric Hall moved to approve the Regular Meeting Minutes of March 26, 2024. 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 Agenda Item #5.1.
Regular City Council
April 9, 2024
Chouteau, Council Member Patrick Kenealy, and Council Member Billy Summers
NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
6. PUBLIC FORUM:
No public comment was received.
7. REPORTS BY STAFF AND CITY COUNCIL, FUTURE AGENDA ITEMS, and AB 1234 REPORTS:
Staff provided reports.
Council Member Chouteau and Vice Mayor Hall provided report.
8. PRESENTATIONS AND PUBLIC RECOGNITIONS
8.1 Proclamation recognizing "National Donate Life Month Proclamation" presented to Donene Vukovich, Donor Network West Community Engagement Specialist and former Mayor of St. Helena Ann Nevero
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 Consideration of a resolution approving a permit allowing the possession of open alcoholic beverages on the closed portion of Adams Street during the Rianda House Car Show Event scheduled for May 4, 2024.
CEQA Determination: Not a CEQA project
Prepared By: Rebecca White, Administrative Assistant
Recommendation:
Staff recommends approval of the attached resolution.
10.2 Approval of second reading of Ordinance adding Chapter 18.01 to the St.
Helena Municipal Code adopting the Vehicle Miles Traveled (VMT) metrics for new development.
Agenda Item #5.1.
Regular City Council
April 9, 2024
CEQA Determination: Not a CEQA project
Prepared By: Eric Janzen, Assistant Public Works Director Recommendation:
Approval of a second reading by title only and waive further reading of the proposed ordinance.
10.3 Consideration of a Resolution to set a Public Hearing for 6:00 p.m. Tuesday, May 14, 2024, to consider objections to the proposed annexation of the property known as 2126 Madrona Avenue, St. Helena, CA (APN 009-470-010), into the St. Helena Municipal Sewer District No. 1, MSD Annexation No. 149.
CEQA Determination: Not a CEQA project
Prepared By: Rebecca White, Administrative Assistant
Recommendation:
It is recommended City Council approve the Resolution and set a Public Hearing for May 14, 2024 to consider objections to the proposed annexation of the property known as 2126 Madrona Ave (APN 009-470-010), into the St.
Helena Municipal Sewer District No. 1, MSD Annexation No. 149.
Vice Mayor Eric Hall moved to approve 10.1 through 10.3. The motion was seconded by Council Member Anna Chouteau and on roll call carried by the following vote:
AYES: Mayor Paul Dohring, Vice Mayor Eric Hall, Council Member Anna Chouteau, Council Member Patrick Kenealy, and Council Member Billy Summers
NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
10.4 This item was removed from consent.
Consideration and proposed approval of a resolution: (1) Duly approving and adopting a publicly available pay schedule in accordance with the requirement of California Code of Regulations, Title 2, Section 570.5, which includes a revised salary schedules for the Mid-Managers and the Executive Staff, and (2) Approving reclassifications for three positions and updating the Mid-Manager and Executive Unrepresented Compensation Program (14th Amendment) to reflect this change per Council direction to create a new Community Services Department.
CEQA Determination: Not a CEQA project
Prepared By: April Mitts, Assistant City Manager, Mandy Kellogg, Administrative Services Director
Recommendation:
Agenda Item #5.1.
Regular City Council
April 9, 2024
Approve the attached resolution.
10.4 Consideration and proposed approval of a resolution: (1) Duly approving and adopting a publicly available pay schedule in accordance with the requirement of California Code of Regulations, Title 2, Section 570.5, which includes a revised salary schedules for the Mid-Managers and the Executive Staff, and (2) Approving reclassifications for three positions and updating the Mid-Manager and Executive Unrepresented Compensation Program (14th Amendment) to reflect this change per Council direction to create a new Community Services Department.
Vice Mayor Eric Hall moved to approve 10.4. 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 Patrick Kenealy, and Council Member Billy Summers
NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
11. PUBLIC HEARINGS
11.1 First Public Hearing of the Proposed Adoption of a City Charter.
CEQA Determination: Not a CEQA project
Prepared By: April Mitts, Assistant City Manager
Recommendation:
Approve the proposed city charter language for the November 5, 2024 ballot.
Assistant City Manager Mitts reported on item.
Public Comment was received by: Rich Corsetti, Chris Warner, Anthony Micheli and Karen Responski
Vice Mayor Eric Hall moved to approve the proposed city charter language for the November 5, 2024 ballot. 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 Patrick Kenealy, and Council Member Billy Summers
NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
Agenda Item #5.1.
Regular City Council
April 9, 2024
Mayor Dohring called for a 10-minute break at 7:39 p.m. Council reconvened at 7:49 p.m.
12. OLD BUSINESS
None
13. NEW BUSINESS
13.1 Consideration of a Resolution to Appoint an Applicant to Fill the Planning Commission Vacancy
CEQA Determination: Not a CEQA project
Prepared By: Cindy Tzafopoulos, City Clerk
Recommendation:
Appoint an applicant to the Planning Commission.
City Clerk Tzafopoulos reported on item.
No public comment was received.
Mayor Paul Dohring moved to appoint Hector Lopez to the Planning Commission. 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 Patrick Kenealy, and Council Member Billy Summers
NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
13.2 Direct staff to prepare a report to the City Council pursuant to California Elections Code Section 9212 analyzing the impacts and effects of the Noble House proposal titled, "St. Helena Agritourism Initiative." Estimated start time: 7:00 p.m.
CEQA Determination: Not a CEQA project
Prepared By: April Mitts, Assistant City Manager
Recommendation:
Authorize the preparation of a 9212 Report.
Agenda Item #5.1.
Regular City Council
April 9, 2024
City Manager Ethan Walsh reported on item.
Public Comment was received by Rich Corsetti, Anthony Micheli and Tom Belt.
It was the consensus of the City Council to direct staff to complete the California Elections Code Section 9212 report analyzing the impacts and effects of the Noble House proposal titled, "St. Helena Agritourism Initiative." Vice Mayor Eric Hall moved to extend the meeting beyond 9:00 pm. 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 Patrick Kenealy, and Council Member Billy Summers
NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
13.3 Item 13.4 was heard out of order from the agenda and before item 13.3.
Discussion and Direction Regarding Downtown Sidewalk Rehabilitation strategies between Adams Street and Mitchell Drive
CEQA Determination: Not a CEQA project
Prepared By: Joseph Leach, Public Works Director and City Engineer, Lesley Milton, Asst. to the City Manager
Recommendation:
Provide direction to staff regarding preferences of the proposed options for sidewalk improvements.
Director Joseph Leach presented on item.
Public comment was received by Deanna Griffin and Anthony Micheli.
It was the consensus of Council to direct staff to move forward with option A1 which would remove and re-install all existing pavers, remove 34 trees and replant trees at a $51,000 cost. Sewer laterals would not be replaced at this time and existing concrete sidewalk would remain.
Vice Mayor Eric Hall moved to extend the meeting beyond 9:30 pm. 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 Agenda Item #5.1.
Regular City Council
April 9, 2024
Chouteau, Council Member Patrick Kenealy, and Council Member Billy Summers
NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
13.4 Proposed Approval of a Resolution Authorizing Hiring of Professionals for a Water Bond Financing Transaction Related to Funding for Water Capital Improvement Projects.
CEQA Determination: Not a CEQA project
Prepared By: Joseph Leach, Public Works Director and City Engineer, Mandy Kellogg, Administrative Services Director
Recommendation:
Approve the attached resolution.
Public Works Director Joseph Leach presented on item.
There was no public comment.
Vice Mayor Eric Hall moved to approve the resolution. 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 Patrick Kenealy, and Council Member Billy Summers
NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
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 Agenda Item #5.1.
Regular City Council
April 9, 2024
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
Mayor Dohring adjourned the meeting at 9:41 p.m.
APPROVED:
______________________________
Paul Jamison Dohring, Mayor
ATTEST:
_________________________
Cindy Tzafopoulos, City Clerk
Agenda Item #5.1.
St. Helena City Council
PROCLAMATION
Historic Preservation Month - May 2024
WHEREAS, the National Historic Preservation Act of 1966 inaugurated the National Historic Preservation Act, championing the protection and adaptive re-use of America's historic, cultural, and archaeological treasures;
WHEREAS, St. Helena is rich with diverse historic assets, including mid-century modern design, Art Deco civic structures, ghost wineries, Victorian-era commercial buildings, and one-of-a-kind residences, which tell the unique story of our region and the community;
WHEREAS, since its founding in 1974, Napa County Landmarks has been pivotal in safeguarding our architectural heritage through education, advocacy, and direct action, ensuring that our historical landscape endures for future generations; WHEREAS, Napa County Landmarks enhances community engagement and economic vitality by organizing events and programs that highlight the importance and benefits of preserving our historical environment;
WHEREAS, Napa County Landmarks honors the dedication of individuals and groups throughout the year, celebrating outstanding efforts in restoration and adaptive reuse that exemplify best practices in historic preservation; Now, Therefore, Be It Resolved that I, Paul Dohring, Mayor of St. Helena, along with the St.
Helena City Council, do herby proclaim, May as Historic Preservation Month recognizing Napa County Landmarks and the vital role of historic preservation in enhancing our quality of life, strengthening our communities, promoting economic development, and fostering a deeper connection to our shared heritage.
Dated: April 23, 2024
Paul Jamison Dohring, Mayor
Agenda Item #8.1.
Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: April 23, 2024
FROM: Lesley Milton, Asst. to the City Manager
SUBJECT: Approval of a resolution approving a Professional Services Agreement with Land Revision for Fire Fuel Abatement
Services for a Two (2) year contract period for a total amount Not-To-Exceed $300,000 with one additional 1-
year extension and authorizing the City Manager to
execute the agreement.
RECOMMENDED
ACTION:
Approve a resolution authorizing execution of the contract.
PREVIOUS COUNCIL
ACTION:
None.
STATEMENT OF THE
PURPOSE:
To approve a contract for fire fuel weed abatement
services.
FINANCIAL IMPACT: The Financial Impact for the initial two-year contract period is a total not-to-exceed amount of $300,000, with an option for one (1) one-year extension for an additional $150,000 per year. The FY24 Operating Budget includes the
$150,000 for FY24 services, therefore no budget
adjustment is required. If approved staff would incorporate ongoing costs into future fiscal years for the length of the contract.
BACKGROUND:
In 2020 there were two wildfires that occurred in St. Helena and there are remnants of dead and downed trees. Additionally, each year spring rains bring additional vegetation that by summer can create hazardous fuel opportunities. As a way to mitigate this fuel situation and protect the community from future wildfire, city code requires the elimination of fire fuel by June 1st of each year.
St. Helena's Municipal Code Section 8.08.010 reads:
"On or before June 1st every year, dead, decayed, uncultivated vegetation, which are hazardous, or may cause a danger to public safety, cut and/or removed to a maximum of 4" in height. This expectation applies to private properties and public properties."
Public Works staff have historically been maintaining all public spaces independently, but the level of work has exceeded the capacity of existing staff. It is in the public's best Agenda Item #10.1.
interest to request the assistance of an outside firm to augment the existing staff capacity to reduce vegetation that could be used as fuel preventing, future wildfires.
On February 12, 2024, the City initiated a request for proposals specifically was seeking a qualified firm to provide on-call fuel and vegetation abatement services for annual fuel reduction, weed abatement, maintaining fire breaks, additional vegetation removal and other minor maintenance items, as needed throughout the city on public lands. The proposed agreement would be for two years initially with the ability to extend for an additional one year. Services are expected to commence no later than April each year and will continue until the culmination of fire season through October. All services must comply with the standards set by the U.S. Fire Administrations Wildland Urban Interface best practices and regulations.
DISCUSSION:
On February 22, 2024, the Fire Chief and Assistant Public Works Operations Manager conducted a site visit of the 12 specific locations that were to be included as part of this contract. Nine firms were present during the site visit. Proposals were due on March 4, 2024 and there were six proposals were received.
The Fire Department in partnership with the Public Works Department reviewed all of the submitted proposals and deemed them all to be responsive. The review team also ranked each service provider based on demonstrated competence and qualifications for the types of services to be performed at a fair and reasonable price to the public. The team evaluated all proposals according to the following criteria:
Qualifications of Team
Project Understanding and Approach
Work Plan / Scope of Work
Similar Experience / References
Cost
Local Preference
The Service Provider Rankings are as follows:
Hanford Applied Restoration and Conservation 89.3
Land Revision 84.7
Professional Tree Care 79.3
Atlas Tree Care 62.3
Mountain F Enterprises 54.7
VP Hauling 48.7
Although Hanford was the highest ranked vendor, they did not accept the City services within the budgeted amount of the contract. The next responsive bidder was Land Revision. City Staff met with Land Revision who agreed to the contract terms provided Agenda Item #10.1.
in the RFP. The City now seeks to enter into a two-year contract for fire fuel weed abatement Services with Land Revision. While this service will help augment the impact of our Public Works Crews, the bids came in higher than the budgeted service amount.
Staff will be working with both the St. Helena Professional Firefighters Association as well as the St. Helena Employee Association to gage ability to offer overtime opportunities to qualified positions to assist during non-working hours for additional weed abatement services. Through a portfolio approach, the City will have the ability to mitigate wildfire possibilities and keep our public spaces maintained within our allowable budget.
ENVIRONMENTAL REVIEW:
This is not a CEQA project.
GOAL:
Goal 2: Improve Infrastructure & Further Environmental Sustainability Goal 5: Enhance Quality of Life
DOCUMENTS ATTACHMENTS:
20240423 Draft Resolution Fire Fuel Maintenance RFP
20240423 PSA Land Revision
Agenda Item #10.1.
CITY OF ST. HELENA
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST.
HELENA APPROVING A PROFESSIONAL SERVICES
AGREEMENT WITH LAND REVISION FOR FIRE FUEL
ABATEMENT SERVICES FOR A TWO (2) YEAR CONTRACT
PERIOD FOR A TOTAL AMOUNT NOT-TO-EXCEED COST OF
$300,000 WITH UP TO ONE ADDITIONAL 1-YEAR EXTENSION
AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT
RECITALS
A. WHEREAS, In 2020 there were two wildfires that occurred in St. Helena and there are remnants of dead and downed trees; and
B. WHEREAS, Additionally each year spring rains bring additional vegetation that by summer can create hazardous fuel opportunities; and C. WHEREAS As a way to mitigate thus fuel situation and protect the community from future wildfire, St. Helena's Municipal Code Section
8.08.010 requires that "or before June 1st every year, dead, decayed, uncultivated vegetation, which are hazardous, or may cause a danger to public safety, cut and/or removed to a maximum of 4" in height. This expectation applies to private properties and public properties."; and D. WHEREAS Public Works staff have historically maintained all public spaces independently, but the level of work has exceeded the capacity of existing staff; and
E. WHEREAS it is in the public's best interest to request the assistance of an outside firm to augment the existing staff capacity to reduce vegetation that could be used as fuel preventing, future wildfires.
F. WHEREAS on February 12, 2024 the City issued a request for proposals specifically was seeking a qualified firm to provide on-call fuel and vegetation abatement services for annual fuel reduction, weed abatement, maintaining fire breaks, additional vegetation removal and Agenda Item #10.1.
other minor maintenance items, as needed throughout the city on public lands.
G. WHEREAS, bids were received on March 4th and there were six responsive proposals. All six were reviewed by a team of staff from the Fire and Public Works departments and ranked according to the established criteria.
H. WHEREAS City Staff have determined that Land Revision the most responsive bidder and seeks to enter into a two-year contract for fire fuel weed abatement Services.
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 Land Revision for fire fuel abatement services for an initial two years for an amount not-to-exceed $300,000.00 with one optional one-year extension.
2. Authorizes the City Manager to execute the agreement.
Approved at a Regular Meeting of the St. Helena City Council on April 23, 2024, by the following vote:
Mayor Paul Dohring: _____
Vice Mayor Eric Hall: _____
Council Member Anna Chouteau: _____
Council Member Billy Summers: _____
Council Member Patrick Kenealy: _____
APPROVED: ATTEST:
______________________ ________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #10.1.
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Agenda Item #10.1.
Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: April 23, 2024
FROM: Rebecca White, Administrative Assistant
SUBJECT: Consideration of a Resolution to set a Public Hearing for 6:00 p.m. Tuesday, June 11, 2024, to consider objections to the proposed annexation of the property known as 2126 Madrona Avenue, St. Helena, CA (APN 009-470-010), into
the St. Helena Municipal Sewer District No. 1, MSD
Annexation No. 149.
RECOMMENDED
ACTION:
It is recommended City Council approve the Resolution
and set a Public Hearing for June 11, 2024 to consider
objections to the proposed annexation of the property
known as 2126 Madrona Ave (APN 009-470-010), into the
St. Helena Municipal Sewer District No. 1, MSD
Annexation No. 149.
PREVIOUS COUNCIL
ACTION:
None.
STATEMENT OF THE
PURPOSE:
Consideration of a resolution to set a public hearing to consider objections to the proposed annexation into the St.
Helena Municipal Sewer District No. 1.
FINANCIAL IMPACT: None.
BACKGROUND:
Any property that wishes to connect and utilize the sanitary sewer system in the City of St. Helena must be annexed into the Municipal Sewer District No. 1. All applications for annexations shall be approved by the City Council pursuant to the requirements of state law (SHMC § 13.20.040). State law details the requirements for special district annexations in Health and Safety Code Section 4600. City Council Approval of the annexation is the formal administrative process to change the property's tax rate area code from septic to sanitary sewer.
The process for a property to be annexed requires that a resolution be adopted ordering a public hearing by an affirmative vote of at least two-thirds of all the members of the City Council (HSC § 4643). The resolution is required to contain the following information and finding:
(a) Describe the boundaries of the territory proposed to be annexed. (b) Designate the proposed annexation by an appropriate number. (c) Declare that the area to be annexed to the district will be benefited by such annexation.
Agenda Item #10.2.
(d) Name the time and place for the hearing of objections by any person interested in the proposed annexation, to the inclusion in the district of any land described in the resolution.
Once adopted, the resolution, together with the names of the members of the City Council voting for and against it, must be published for two successive weeks in a newspaper of general circulation and published in the City. The first publication shall not be more than 60 days nor less than 30 days prior to the date fixed for the hearing.
Additionally, copies of the resolution shall also be posted in three public places within the area to be annexed not earlier than the 60th day or later than the 30th day prior to the hearing. Similarly, a copy of the resolution shall also be mailed, postage prepaid, to each person to whom land in the area to be annexed is assessed as such owner is shown on the last equalized county assessment roll, at the address as shown upon the roll, and to each person who has any interest in any land within the area to be annexed whose name and address and a designation of the land in which they are interested is on file in the office of the City Clerk.
At the time established for the public hearing, the City Council will hear and consider any objections to the annexation and exclude any territory which in the Council's opinion will not be benefited by the annexation. After making changes to the boundaries of the area to be annexed, if any, the City Council may then adopt a resolution approving the annexation of the property into the District, which will also require at least four affirmative votes. Upon a determination by the Council that the property will be benefited by the annexation; certified copies of the resolution will then be recorded and filed in the manner and with the same force and effect as provided in Section 4613.
Upon recordation of the resolution, the property annexed becomes a part of the District and is subject to all the liabilities and entitled to all the benefits of the District. If the City Council approves the resolution following the public hearing on June 11, 2024, City staff will then process the annexation with Napa County and the State Board of Equalization to change the tax rate area code for the property. Staff will work with the applicant to collect outstanding fees and obtain required encroachment and building permits.
DISCUSSION:
The City of St. Helena Public Works has received annexation applications from the following parties:
2021 JKB Generation Skipping TR, owner of 2126 Madrona Ave, St. Helena, CA (APN 009-047-010), has applied to be annexed into the St. Helena Municipal Sewer District No. 1 ("District"), MSD Annexation No. 149.
The application fees have been collected. The location map for the property is attached.
Staff request City Council to consider the applicant's annexation request and order a public hearing to be scheduled for June 11, 2024.
ENVIRONMENTAL REVIEW:
Agenda Item #10.2.
Annexations to the District provide access to the City's sanitary sewer and wastewater treatment facilities. The City is agreeable to the abandonment of the onsite wastewater treatment system (septic system).
GOAL:
Goal 2: Improve Infrastructure & Further Environmental Sustainability Goal 3: Pursue Water Security & Sustainable Management of Water Resources Goal 5: Enhance Quality of Life
DOCUMENTS ATTACHMENTS:
Resolution
Exhibit A - 2126 Madrona Parcel Map
2126 Madrona Application
Agenda Item #10.2.
CITY OF ST. HELENA
RESOLUTION NO. 2024-
Consideration of a Resolution to set a Public
Hearing for 6:00 p.m., Tuesday, June 11, 2024, to consider objections to the proposed annexation of the property
known as 2126 Madrona Avenue, St. Helena, CA
(APN 009-470-010), into the St. Helena Municipal
Sewer District No. 1, MSD Annexation No. 149.
RECITALS
A. The owner of 2126 Madrona Avenue, St Helena, CA (APN 009-470-010) has requested annexation into the St. Helena Municipal Sewer District No. 1 (“District”), MSD Annexation No. 149; and
B. The legal boundary for the property to be annexed is provided in Exhibit A.
RESOLUTION
The City Council of the City of St. Helena hereby resolves as follows:
1. The City Council declares that the areas to be annexed to the district will be benefited by such annexation; and
2. A hearing to consider any objection to the proposed annexation of the properties into the City of St. Helena Municipal Sewer District No. 1 is hereby set for Tuesday, June 11, 2024, commencing at 6:00 PM or soon thereafter as the matter can be heard, at the Vintage Hall Board Room, 465 Main Street, St.
Helena, California; and
3. The City Clerk shall cause a certified copy of this resolution, together with the names of the members of the City Council voting for and against it, to be published once a week for two successive weeks in a newspaper of general circulation in accordance with Health and Safety Code Section 4610; and
4. The City Clerk shall cause a certified copy of this resolution to be posted in three public places within the area to be annexed in accordance with Health and Safety Code Section 4610; and
5. The City Clerk shall cause a certified copy of this resolution to be mailed to each person to whom land in the area to be annexed as shown on the last county assessment roll in accordance with Health and Safety Code Section 4610.
Agenda Item #10.2.
Approved at a Regular Meeting of the St. Helena City Council on April 23, 2024 by the following vote:
Mayor Dohring:
Vice Mayor Hall:
Councilmember Chouteau:
Councilmember Kenealy:
Councilmember Summers:
APPROVED: ATTEST:
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #10.2.
2126 Madrona Ave
Agenda Item #10.2.
Agenda Item #10.2.
Agenda Item #10.2.
is
Saint Helena CA 94574
2021 JKB Generation Skipping TR, c/o Mike Hubbard, Trustee 8463 Mercer Way Mercer Island WA 98040
707-266-2992
2126 Madrona Ave
009-470-010
Agenda Item #10.2.
Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Human Resources
DATE: April 23, 2024
FROM: Mandy Kellogg, Administrative Services Director
SUBJECT: Approval of a Resolution authorizing a Sign-on and Retention Bonus for the Water Chief Plant Operator and
Wastewater Chief Plant Operator classifications in the
amount of $25,000 paid over a 36-month period.
RECOMMENDED
ACTION:
Staff recommends approval of the attached resolution.
PREVIOUS COUNCIL
ACTION:
None.
STATEMENT OF THE
PURPOSE:
The purpose is to attract and retain qualified candidates for classifications that are challenging to fill by provide a signing and retention bonus in order to be more
competitive in the marketplace.
FINANCIAL IMPACT: The total Financial Impact is $50,000 for both classifications over the course of a 36-month period. The immediate impact will result in $20,000 in FY 2023-24 if both classifications are filled prior to June 30, 2024, which will be covered in the existing budget as a result of salary savings from the unfilled positions.
BACKGROUND:
Over the course of the past four years the City has experienced significant difficulty in recruiting and retaining staff at both the Treatment Plants and the Underground Utilities division in Public Works. Lower than median compensation as resulted in the loss of a number of staff to neighboring agencies with more growth opportunities, such as the Napa Sanitation and the City of Napa.
Due to requirements from the State of California, only individuals with specialized certifications may perform duties related to these positions. Therefore, the City has contracted with Operational Technical Services in order to ensure that we are meeting our state mandated requirements. This has resulted in a significant financial burden.
On July 25, 2023, City staff recommended that the classifications within the Treatment Plants be brought to the 75th percentile effective July 1, 2023 to aid with retention and competitive recruiting efforts, which was approved by City Council. The additional salary increase still has not yielded viable candidates to fill the vacant positions.
Agenda Item #10.3.
DISCUSSION:
The City of St. Helena continues to take proactive steps to address its ongoing vacancies by exploring different options to enhance its competitiveness in the current recruiting environment. This includes evaluation of a sign-on and retention incentive as a strategic move that could help attract and retain qualified candidates for critical positions within the city.
Implementing a sign-on incentive can serve as an attractive incentive for prospective employees, encouraging them to choose the City of St. Helena over other job opportunities. Similarly, a retention incentive can help foster loyalty among current employees, reducing turnover and ensuring continuity in essential roles.
Therefore, City staff is recommending implementing a policy for a sign-on and retention incentive for the Water and Wastewater Chief Plant Operator classifications in order to create a competitive edge in the marketplace in the amount of $25,000 to be paid out as follows:
Description Requirement Amount
Payment No. 1 Date of Hire 10,000
Payment No. 2 Completion of 18 months of continuous
employment 5,000
Payment No. 3 Completion of 36 months of continuous
employment 10,000
In addition, employees separated from City employment prior to four years of City service will only be paid pro rata and may be required to repay any installment of the incentive not realized.
ENVIRONMENTAL REVIEW: None.
GOAL:
Goal 1: Strengthen Financial Sustainability
Goal 6: Improve Employee Recruitment, Retention, & Morale Goal 7: Enhance Organizational Effectiveness
DOCUMENTS ATTACHMENTS:
Resolution Approving Implementation of a Signon Retention Incentive Agenda Item #10.3.
CITY OF ST. HELENA
RESOLUTION NO. 2024-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. HELENA
AUTHORIZING A SIGN-ON AND RETENTION BONUS FOR THE
WATER CHIEF PLANT OPERATOR AND WASTEWATER CHIEF
PLANT OPERATOR CLASSIFICATIONS IN THE AMOUNT OF $25,000 PAID OVER A 36-MONTH PERIOD.
RECITALS
A. Over the course of the past four years the City has experienced significant difficulty in recruiting and retaining staff at both the Treatment Plants and the Underground Utilities division in Public Works; and
B. Due to requirements from the State of California, only individuals with specialized certifications may perform duties related to these positions.
C. Therefore, the City has contracted with Operational Technical Services in order to ensure that we are meeting our state mandated requirements, which has resulted in a significant financial burden; and
D. On July 25, 2023, City staff recommended that the classifications within the Treatment Plants be brought to the 75th percentile effective July 1, 2023 to aid with retention and competitive recruiting efforts, which was approved by City Council; and E. The additional salary increase still has not yielded viable candidates to fill the vacant positions; and
F. Therefore, City staff is recommending implementing a policy for a sign-on and retention incentive for the Water and Wastewater Chief Plant Operator classifications in order to create a competitive edge in the marketplace in the amount of $25,000 to be paid out over a 36-month period.
RESOLUTION
NOW, THEREFORE, the City Council of the City of St. Helena resolves as follows:
1. The City Council of St. Helena hereby authorizes the City Manager to implement a policy for a sign-on and retention incentive for the Water and Wastewater Chief Plant Operator classifications in order to create a competitive edge in the marketplace in the amount of $25,000.
Agenda Item #10.3.
Approved at a regular meeting of the St. Helena City Council on April 23, 2024 by the following vote:
Mayor Dohring: _____
Vice Mayor Hall: _____
Councilmember Chouteau: _____
Councilmember Kenealy: _____
Councilmember Summers: _____
APPROVED: ATTEST:
______________________ ________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #10.3.
Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Administration
DATE: April 23, 2024
FROM: Cindy Tzafopoulos, City Clerk
SUBJECT: Consideration and proposed approval of a resolution approving a joint use agreement with St. Helena Unified School District for City use of the Vintage Hall Board Room through June 30, 2028 for a total cost not to exceed
$55,000.
RECOMMENDED
ACTION:
Adopt the resolution.
PREVIOUS COUNCIL
ACTION:
STATEMENT OF THE
PURPOSE:
To adopt a joint use agreement.
FINANCIAL IMPACT: The Financial Impact for the total four-year cost of the agreement is $55,000 and will be included in future
operating budgets utilizing General Fund.
BACKGROUND:
Since 2005, the City and the St. Helena Unified School District have had an agreement in place for the shared use of the Vintage Hall Boardroom. The City utilizes the Boardroom to conduct City Council and Planning Commission meetings the first four Tuesdays of each month.
The St. Helena Unified School District and the City of St. Helena conducted a joint review of use and fees, and to prepare an updated agreement for St. Helena Unified School District Governing Board and City Council consideration and approval.
DISCUSSION:
The proposed new four-year agreement term is from June 30, 2024 and extends through June 30, 2028. The annual rent begins at $13,000 and increases $500 annually.
GOAL:
Miscellaneous/Other
DOCUMENTS ATTACHMENTS:
Attachment 1 - Vintage Hall Agreement Resolution
Agenda Item #10.4.
Attachment 2 - 2024 Joint Use Agreement
Agenda Item #10.4.
CITY OF ST. HELENA
RESOLUTION NO. 2024-
A Resolution of the City Council of the City of St. Helena Authorizing a Joint Use Agreement with the St. Helena Unified School District for the Use of Vintage Hall Boardroom through June 30, 2028 for a for a total cost not to exceed $55,000
RECITALS
A. Since 2005, the St. Helena Unified School District has shared Vintage Hall with the City for City Council and Planning Commission meetings; and
B. The St. Helena Unified School District and the City conducted a joint review of use and fees; and
C. The St. Helena Unified School District is granting the City a four (4) year lease for use of facilities as described in the use agreement, commencing from June 1, 2024 and concluding on June 30, 2028; and
D. The District will invoice the City annually per the agreement as follows:
• $13,000 which was due as of March 1, 2025 for the first retroactive year of the term; and
• $13,500 shall be due on March 1, 2026 for the second year of the term; and
• $14,000 shall be due on March 1, 2027 for the third year of the term; and • $14,500 shall be due on March 1, 2028 for the fourth and final year of the term.
RESOLUTION
The City Council of the City of St. Helena hereby resolves as follows:
1. The City Council authorizes the City Manager to approve the joint use agreement with the St. Helena Unified School District.
Approved at a regular meeting of the St. Helena City Council on April 23, 2024 by the following vote:
Mayor Dohring: _____
Vice Mayor Hall: _____
Council Member Chouteau: _____
Council Member Kenealy: _____
Council Member Summers: _____
APPROVED: ATTEST:
________________________ ________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #10.4.
Agenda Item #10.4.
Agenda Item #10.4.
Agenda Item #10.4.
Agenda Item #10.4.
Agenda Item #10.4.
Agenda Item #10.4.
Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: April 23, 2024
FROM: Ian Dale, Environmental Services Tech
SUBJECT: March 2024 Review and Forecasting of City Water Supply Availability.
RECOMMENDED
ACTION:
Receive and file.
PREVIOUS COUNCIL
ACTION:
Monthly Receive and File reports to City Council.
STATEMENT OF THE
PURPOSE:
To provide monthly updates of the amount of water
produced at the Louis Stralla Water Treatment Plant and the Stonebridge Potable Water Wells, and potable water
delivered from the City of Napa.
FINANCIAL IMPACT: None.
BACKGROUND:
The City of St. Helena publishes a monthly water report on the City website (www.cityofsthelena.org/publicworks/page/water-reports). The report includes the amount of water produced at the Louis Stralla Water Treatment Plant and the Stonebridge Potable Water Wells, and potable water delivered from the City of Napa. In addition to presenting data on the amount delivered monthly, the report includes yearto-date information and prior year data. Water elevation and capacity at the Bell Canyon Reservoir is included as well as information on rain and temperatures.
At the City Council meeting of May 9, 2023, the City Council adopted Resolution 2023- 46 adopting City Council goals for FY 2023-24. Five new City Council Goals for FY 2023-24 which include Goal 1: Financial Sustainability, Goal 2: Infrastructure and Environmental Sustainability, Goal 3: Water Security, Goal 4: Community Information and Engagement, and Goal 5: Quality of Life. City Council has the responsibility of establishing broad goals and the City's leadership has the responsibility to develop a work plan to achieve them.
DISCUSSION:
In connection with City Council Goal 2, City staff has developed a forecasting tool to facilitate its ability to optimize water use and track water availability. Included as Attachment 1 is the Monthly Water Report for March 2024. The water produced for March 2024 is up by 136% when compared to March 2023 and is up by 80% compared to the average of March 2018-2020. Below is a chart summarizing the water produced per source:
Agenda Item #10.5.
Water Produced per Source
Source
Average (2018 -
2020)
(Acre-Feet)
March 2023
(Acre-Feet)
March 2024
(Acre-Feet)
Bell Canyon 37 14 5.66
Stonebridge Wells 7 14 87.81
Napa Water 48 43 74.27
Total 92 71 167.74
Percent change from March 2023: 136%
Percent change from average of March 2018 - 2020: 80% Bell Canyon Reservoir
The City is no longer in water emergency conditions based upon the Phase I Water Emergency measures being terminated by City Council adopting Resolution No. 2023- 94 on July 25, 2023. Bell Canyon Reservoir has adequate water to support the City's needs through this calendar year. The storage in Bell Canyon graph (Attachment 2) has been revised to include historic reservoir supply levels since July 2021. It also shows the water availability forecast through June 2026 based on the highest water usage during a non-drought year (FY 2019/20) and 10 inches of rainfall (lowest recorded).
As of April 1, 2024, Bell Canyon Reservoir elevation was at 422 feet representing approximately 2,383.69 acre feet (AF) and 100% capacity. Bell Canyon spillway level is 422 feet representing 2,383.69 acre feet in water supply volume. Below is a chart comparing Bell Canyon elevation levels, water supply availability in acre feet, and percent capacity of the reservoir on April 1st in 2022, 2023, and 2024.
Year 2022 2023 2024
Bell Canyon Elevation Level 418.50 Ft. 422.30 Ft. 422 Ft.
Acre Feet 2,121 AF 2,383 AF 2,383 AF
Percent Capacity 89% 100% 100%
As a follow up to the May 24, 2022, City Council meeting, staff developed a graph (Attachment 3) highlighting the relationship between the reservoir elevation level and water supply availability in acre feet. The graph shows the current status of the reservoir. Furthermore, the graph also displays the points where City Council decided to declare Phase I and Phase II Water Emergencies in 2020.
Continued Water Conservation
California experienced two consecutive dry years 2020 and 2021. Due to the combination of warmer-than-average temperatures and minimal precipitation in the state, the Department of Water Resources (DWR) declared 2021 as the fourth-driest year on record statewide. The record-breaking dry period in January and February 2022, and the absence of significant rains in March 2022, required DWR to reduce anticipated deliveries from the State Water Project (SWP). However, the reduction at Agenda Item #10.5.
the time did not affect St. Helena as the City has multiple robust water sources not affected by the executive order. Water availability from the Bell Canyon reservoir is based on the City's State Water Rights permit and not the SWP. The City has not received any curtailment order from DWR nor does the City anticipate receiving one.
It should be noted that on July 25, 2023, the City Council adopted Resolution No. 2023- 94 to formally end the Phase I Water Emergency. The projected demand on the system versus the anticipated rainfall over the next year reflects an available supply in Bell Canyon approximately 1,895 acre-feet, significantly above the 1,481 acre-feet standard for declaration of a Phase I Water Emergency. Staff will monitor State-wide and local drought conditions, weather conditions, and provide updates on a monthly basis. The corresponding staff report provided a variety of data to reflect the disposition of the water supply at that time in relation to the Council-adopted Safe Yield Policy.
City of Napa Water Supply
Normal operations continue at Rutherford Pump Station (RPS) and the City is taking delivery of the allotment purchased from City of Napa. During the month of March 2024, Rutherford Pump Station was producing an average of 0.78 MG/day for a total of 74.27 acre feet (AF) for the month.
ENVIRONMENTAL REVIEW: Not applicable.
GOAL:
Goal 3: Pursue Water Security & Sustainable Management of Water Resources Goal 4: Provide Effective Community Information & Opportunities for Engagement DOCUMENTS ATTACHMENTS:
MWR March 1-31 2024
Attachment 2 - Bell Canyon Water Storage Forecast
Attachment 3 - Bell Canyon Reservoir Storage Phase I II Agenda Item #10.5.
CITY OF ST. HELENA
MONTHLY WATER REPORT
CC: CC __X__ PC__X__ FILE _____
RECEIVED: _____ BY: __
LOUIS STRALLA
WATER PLANT
TK #1 & #2
ADJUST
5.66 1.84 -0.14
3.4% -0.3%
54.64 MG MG
n/a MG MG
n/a MG MG
1.76 MG MG
% %
228.76 AF 19.9% 349.31 AF 36.8%
74.51 MG 113.78 MG
468.59 AF 40.9% 413.96 AF 43.7%
152.64 MG 134.84 MG
449.32 AF 39.2% 185.06 AF 19.5%
146.36 MG 60.28 MG
TOTAL WATER PRODUCED 1146.67 AF 100.0% 948.33 AF 100.0%
DELIVERY (ALL)
0.00 0.01
422.00 FT. FT.
0.00 FT. FT.
2383.69 AF AF
100.0 % %
2.64 IN IN
21.37 IN IN
DISCLAIMER: The data presented in this report is approximate and for informational purposes only.
Updates will be provided if any errors are identified.
AVERAGE 56.95 52
REMARKS
City of Napa Water Delivery: RPS producing an average of 0.78 MG/day during March 2024.
THIS MONTH, THIS YEAR THIS MONTH, LAST YR.
DEGREES IN FAHRENHEIT 41-72.9 37-68
TEMPERATURES
MONTHLY RISE OR DROP -0.02
CAPACITY AT END OF PERIOD 2383.69
PERCENT OF FULL CAPACITY 100.0
RAINFALL IN THIS PERIOD 14.08
TOTAL RAINFALL SEASON TO DATE 40.01
ELEVATION BELL CANYON RESERVOIR 422.30
STONEBRIDGE APARTMENTS MG/Mar. 1 -31 0.00 MG/Mar. 1-31
WATER ELEVATION, CAPACITY & RAINFALL
THIS FISCAL YEAR LAST FISCAL YEAR
NAPA VALLEY COLLEGE MG/Mar. 1 -31 0.00 MG/Mar. 1-31
STONEBRIDGE POTABLE WELLS
SBW IRRIGATION WATER
THIS MONTH THIS MONTH, LAST YR.
THIS FISCAL YEAR LAST FISCAL YEAR
LOUIS STRALLA WATER PLANT
NAPA WATER
MINIMUM DAILY PRODUCED 0.45
AVERAGE DAILY PRODUCED 0.76
WATER YEAR TOTALS
WATER PRODUCED DELIVERY (AGGREGATE)
TOTAL PRODUCED THIS PERIOD 23.55
MAXIMUM DAILY PRODUCED 2.16
0.01 24.19
PERCENT 52.5% 44.4%
-0.44
March 1-31, 2024
STONEBRIDGE
POTABLE
WELLS
SBW
IRRIGATION
WATER
NAPA WATER
THIS YEAR LAST YEAR
AMOUNT PRODUCED in AF 87.81 0.03 74.27
AMOUNT PRODUCED in MG 28.60
Agenda Item #10.5.
Agenda Item #10.5.
Agenda Item #10.5.
Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Finance
DATE: April 23, 2024
FROM: Mandy Kellogg, Administrative Services Director
SUBJECT: Proposed Approval of Resolution Approving Amendment No. 5 to the Professional Services Agreement with Willdan Financial Services in the amount of $9,800 for a Total
Contract Not-to-Exceed Amount of $131,235 for a User
Fee Study Update.
RECOMMENDED
ACTION:
Staff recommends approval of the attached resolution.
PREVIOUS COUNCIL
ACTION:
November 15, 2015 - Approval of Professional Services
Agreement.
November 14, 2017 - Approval of Amendment No. 1.
October 9, 2018 - Approval of Amendment No. 2.
August 24, 2021 - Approval of Amendment No. 3.
July 25, 2023 - Approval of Amendment No. 4.
October 24, 2023 - Approval of the User Fee Study.
October 24, 2023 - Adoption of an ordinance amending
Title 17 (Zoning) of the St. Helena Municipal Code.
STATEMENT OF THE
PURPOSE:
The purpose is to approve a contract amendment to
conduct a User Fee Study update.
FINANCIAL IMPACT: The Financial Impact is an additional $9,800 for a total contract-not-to exceed $131,235. Funding is available in the existing operating budget utilizing General Fund;
therefore, no budget adjustment is required.
BACKGROUND:
The principal goal of the User Fee Study is to help the City determine the full cost of the services that the City provides. The full cost of providing a service may not necessarily become the City’s fee but serves as an objective basis as to the maximum amount that may be collected. The total cost of each service included in the analysis is based on the full cost of providing City services, including direct salaries and benefits of City staff, direct department costs, and indirect costs from central service support.
In September 2015, staff issued a Request for Proposals for a Full Cost Services and Development Impact Fee Study to include a Cost Allocation Plan, User Fee Study, and a Development Impact Fee Study. On October 9, 2015, the City received four proposals, which were reviewed by City staff and an outside consultant. In November 2015, the City selected Willdan Financial Services (Willdan) to conduct a Full Cost Agenda Item #10.6.
Services and Development Impact Fee Study and entered into a professional services agreement on November 24, 2015 by Resolution 2015-146.
Willdan completed the Full Cost of Services Study in Fall 2023, and it was presented to City Council for approval on October 24, 2023. The recommendations were approved, and the fee adjustments were implemented on January 1, 2024.
DISCUSSION:
On October 24, 2023, the City Council adopted an ordinance amending Title 17 (Zoning) of the St. Helena Municipal Code. As part of the zoning code update, new permits with staff approval were added to streamline the review process. These included the following:
1. Minor Use Permit: Review at staff level encourages business investment by limiting review time, fees and uncertainty.
2. Minor Design Review: Allows applicant to obtain approval at staff level review instead of Planning Commission Public Hearing.
Additional planning processes were added with the update that require the creation of a new planning application and development of a fee as follows:
Certificate of Present Extent of Legal Nonconformity of Uses Density Bonus Application
Historic Demolition Permit
Local Historic District Designation
Local Registry Historic Resource Designation
Minor Modifications
Planned Development
Pre-zoning for Annexation
Reestablishment of an Abandoned Non-Conforming Use
Sidewalk Dining Permit
Specific Plans
Urban Lot Split
Zoning Map Amendment
Since Willdan Financial is familiar with City's processes having recently completed the User Fee Study, it is more cost effective to utilize them to complete the User Fee Study update to include the new planning fees.
The task involves the updating of the existing fee model to include the desired fee additions and identifying the desired changes to existing Planning fee descriptions, development of the model ultimately used to calculate the departmental fees, based on data and information. Overhead rates and fully burdened hourly rates used in the analysis will be those developed during the prior study.
Agenda Item #10.6.
Additionally, City staff is seeking assistance from Willdan to develop a fee related to weed abatement to assist with the enforcement of vegetation management. The total additional cost to update the User Fee Study is $9,800, which includes a presentation to City Council to consider adoption of the updated fee schedule.
ENVIRONMENTAL REVIEW: None.
GOAL:
Goal 1: Strengthen Financial Sustainability
DOCUMENTS ATTACHMENTS:
Resolution Approving Amendment No. 5
Willdan PSA Amendment #5
Executed Agreement 2015
Agenda Item #10.6.
CITY OF ST. HELENA
RESOLUTION NO. 2024-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. HELENA AUTHORIZING AMENDMENT #5 TO A PROFESSIONAL SERVICES
AGREEMENT WITH WILLDAN FINANCIAL SERVICES FOR THE
AMOUNT OF $9,800 WITH A TOTAL CONTRACT NOT-TO-EXCEED
$131,235, TO COMPLETE THE USER FEE STUDY UPDATE.
RECITALS
A. On November 24, 2015 City Council approved Resolution No 2015- 146 approving a Professional Services Agreement with Willdan Financial Services to provide a Full Cost Services and Development Impact Fee Study for an amount not to exceed $81,540.00; and
B. In November 2017, the City Council approved Amendment No. 1 via resolution No. 2017-51 to this agreement to increase the contract amount by $16,350.00 for a total not to exceed amount of $97,890.00 to include impact fee studies of the water and wastewater systems which were not included in the initial agreement; and C. In October 2018, the City Council approved Amendment No. 2 via resolution No. 2018-139 to this agreement to increase the contract by $4,500 for a total not-toexceed amount of $102,390.00 to reassess the cost allocation plan due to the addition of two full-time firefighters, implementation of a compensation and classification study, and a Public Works reorganization that were not factored into the original cost allocation plan; and
D. In August 2021, the City Council approved Amendment No. 3 via resolution No. 2021-107 to this agreement to increase the contract by $6,065 for at total not-toexceed amount of $108,235 for the analysis of the Affordable Housing Fees to prepare recommendations for the amounts and classifications for a housing linkage fee for St. Helena; and
E. In July 2023 the City Council approved Amendment No. 4 via resolution No. 2023-101 to this agreement to increase the contract by $13,000 to refresh the data in order to capture organizational updates; and
F. On October 24, 2023 the City Council approved the User Fee Study and the recommendations were implemented on January 1, 2024; and G. On October 24, 2023 the City Council adopted an ordinance amending Title 17 (Zoning) of the St. Helena Municipal Code, which included the addition of new planning fees; and
Agenda Item #10.6.
H. The City and Consultant desire to amend the Agreement to conduct a User Fee Study update for planning fees that originated with the zoning code update and a weed abatement fee for an additional cost of $9,800; and I. The total amended contract with Willdan Financial Services will not exceed $131,235.
RESOLUTION
NOW, THEREFORE, the City Council of the City of St. Helena resolves as follows:
1. The City Council of St. Helena hereby approves the Amendment #5 to the contract with Willdan Financial Services for an additional $9,800 for a total contract amount not-to-exceed $131,235.
Approved at a regular meeting of the St. Helena City Council on April 23, 2024 by the following vote:
Mayor Dohring: _____
Vice Mayor Hall: _____
Councilmember Chouteau: _____
Councilmember Kenealy: _____
Councilmember Summers: _____
APPROVED: ATTEST:
______________________ ________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #10.6.
FIFTH AMENDMENT TO AGREEMENT FOR PROFESSIONAL
SERVICES WITH WILLDAN FINANCIAL SERVICES.
This Fifth Amendment to Professional Services Agreement dated November 24, 2015 ("Agreement") is made as of this 23rd day of April 2024 by and between the City of St. Helena, a municipal corporation ("City"), and Willdan Financial Services. ("Consultant").
RECITALS
A. On November 24, 2015, the City and Willdan Financial Services (Consultant) entered into the Professional Services Agreement (“Agreement”) for a Full Cost Services and Development Impact Fee Study for an amount not to exceed $81,540.00; and B. In November 2017, the City Council approved Amendment No. 1 via resolution No. 2017- 51 to this agreement to increase the contract amount by $16,350.00 for a total not-toexceed amount of $97,890.00 to include impact fee studies for the water and wastewater systems which were not included in the initial agreement; and C. In October 2018, the City Council approved Amendment No. 2 via resolution No. 2018- 139 to this agreement to increase the contract by $4,500 for a total not-to-exceed amount of $102,390.00 to reassess the cost allocation plan due to the addition of two full-time firefighters, implementation of a compensation and classification study, and a Public Works reorganization that were not factored into the original cost allocation plan; and D. During the analysis of the Affordable Housing fees, it was determined that to properly complete the analysis it would be necessary to include a commercial linkage fee analysis, which will allow for Willdan to prepare recommendations for the amounts and classifications for a housing linkage fee for St. Helena; and E. In conjunction with the housing market data collected as part of the residential housing impact fee analysis and the data gathered during the commercial linkage fee analysis, Willdan will develop a pro forma and determine the affordability gap per unit for each income level by industry and occupation; and
F. City and Consultant desire to amend the Agreement to update the development impact fee study for an additional cost of $6,045.00; and
G. In August 24, 2021, the City Council approved Amendment No. 3 via resolution in the amount of $6,045.00 to the Agreement for Consultant Services with Willdan Financial Services is hereby approved and entered into on August 24, 2021; and H. In July 25, 2023, the City Council approved Amendment No. 4 in the amount of $13,000 to the Agreement for Consultant Services with Willdan Financial Services hereby approved and entered into on July 25, 2023; and
I. The City Council desires to enter into this Amendment No. 5 in the amount of $9,800 to the Agreement for Consultant Services with Willdan Financial Services to conduct a User Fee Study update for planning fees that originated with the zoning code update and a weed abatement fee.
Agenda Item #10.6.
J. The total amended contract not-to-exceed $131,235.00.
AGREEMENT
NOW, THEREFORE, in consideration of the promises and of the mutual covenants and agreements herein contained, for good and valuable consideration, the adequacy of which is hereby acknowledged, the parties agree to amend the Agreement as follows:
1. Section 4. Compensation of the Agreement is hereby amended to increase the authorized compensation under the Agreement by the amount of $9,800.00, for a total amended contract not to exceed $131,235.00; and
2. The Scope of Services for the Agreement is hereby amended to include the conducting of a User Fee Study update for planning fees that originated with the zoning code update and a weed abatement fee, as more particularly described in Willdan’s proposal for such Study update, attached hereto and incorporated herein by this reference.
All other terms of the Agreement shall remain in full force and effect.
Entered as of the day and year first above stated.
CONSULTANT:
Signatures of Authorized Persons:
By: _____________________________
Print Name:_______________________
Title: ____________________________
CITY OF ST. HELENA
a Municipal Corporation
By:_________________________________
Print Name: Anil Comelo
Title: City Manager
APPROVED AS TO FORM:
____________________________
City Attorney
ATTEST:
____________________________
City Clerk
Agenda Item #10.6.
T 951.587.3500 ▪ 800.755.6864 | F 951.587.3510 ▪ 888.326.6864 | 27368 Via Industria, Suite 200, Temecula, CA 92590 | www.willdan.com i March 29, 2024
Ms. Mandy Kellogg
Administrative Services Director
City of St. Helena
1088 College Avenue
St. Helena, CA 94574
Re: Letter Proposal to Conduct a User Fee Study – Planning and Weed Abatement Fee Update for the City of St. Helena
Dear Mandy:
As discussed, the following is our proposed scope of services and fee to conduct a User Fee Study Update for the City of St. Helena (“City”).
Scope of Work
Our proposed work plans, described in detail by task, are provided below. We explain how each task will be accomplished and identify associated meetings and deliverables. We will work in concert with the City to adjust scopes as needed during the course of the studies.
User Fee Study Update - Planning and Weed Abatement Fee Update Task 1: Kick-off Conference Call / Refine Scope
Objective: Confirm goals and objectives for the User Fee Study Update. Identify and discuss policy considerations typically associated with a User Fee Study.
Description: Verify our understanding of the City’s goals with the new fee additions, the City’s cost-recovery policy for the new fees, and to fill any gaps in data/information necessary for the project. It is important for the City and Willdan to identify and address any foreseeable challenges and maintain open communication throughout the process.
During this call, we will ask that the City identify a project manager who will serve as the primary contact for the project. The project manager shall have responsibility for ensuring that all available data is provided in a timely manner, thereby maintaining adherence to the project’s schedule.
Meetings: One (1) project kick-off call to initiate the entire project, discuss data needs, and address policy objectives.
Deliverables: Willdan: 1) Revised project scope and schedule (if needed); and 2) brief summary of policy decisions (if needed).
City: 1) Provide further data needs; and 2) determine/introduce City’s project manager.
Task 2: Update User Fee Model with New Planning and Weed Abatement Fee Changes Objective: Add the new fees to the User Fee model used in the recently completed study.
Description: This task involves the updating of the existing fee model to include the desired fee additions and identify the desired changes to existing Planning fee descriptions. development of the model ultimately used to calculate the departmental fees, based on data and information gathered in previous tasks and in the Time Survey Interviews described in Task 5.
Overhead rates and fully burdened hourly rates used in the analysis will be those developed during the prior study. If there are positions that are needed that are not in the model currently, Willdan will request the salary and benefit cost for those missing. The hourly rates along with the time data requested in Task 3 will identify the full reasonable cost of service for each new fee.
Deliverables: Willdan: One (1) user-friendly model in Microsoft Excel format, which, when finalized, will identify the full cost of all new fees.
ATTACHMENT A
Agenda Item #10.6.
User Fee Study – Planning and Weed Abatement Fee Update 1 City of St Helena, CA
Task 3: Staff Interviews and On-site Information Gathering Objective: Meet with City staff to complete Time Surveys and understand service delivery processes for the new Planning and weed abatement fees and based on the desired changes to any existing Planning fees.
Description: In order to assist staff with the completion of the survey worksheets, we will schedule virtual meetings with staff.
The Willdan Team will conduct interviews with supervisors/managers, as well as other staff, as deemed appropriate and/or necessary, from staff involved in the new fees to determine the reasonable time required by City staff to provide each of the services. During these meetings changes to the current Planning fees will also be discussed to determine if the changes necessitate a change to the time data for those services.
The fee model is designed so that full cost recovery fees are calculated immediately upon input of staff time.
This will allow Willdan and City staff to conclude with a final meeting to review the draft full cost recovery fees and adjust any times as necessary once all information has been compiled and input into the fee model. We will schedule the interviews with staff to minimize any disruption to their normal workflow.
Meetings: Web meetings with staff to discuss the new fees and collect and update time data as needed.
Deliverables: Willdan and City: Time surveys and draft full cost recovery fees.
Task 4: Data Analysis and Final Fee Schedule
Objective: Incorporate information obtained from on-site surveys to fully develop model.
Description: We will update the model, based on information received during the on-site surveys, and any follow up communication to generate an updated fee schedule.
The user fee data analysis and model development may take three (3) to four (4) weeks with frequent correspondence with City staff to discuss full cost calculations, and initial suggested fees based on the City’s cost recovery policy for related fees.
Meetings: emails and virtual meetings, as necessary, to gather additional input, complete analysis and finalize fee schedule.
Deliverables: Final fee schedule for City Council presentation and discussion.
Task 5: Prepare and Present Draft Memorandum
Objective: Prepare draft memorandum (memo).
Description: This task involves the preparation of the draft memo for the updated fees that discusses the study’s background, the methodologies utilized in the study, and the results and presentation to various stakeholder groups. As noted below, meetings may occur during this or the next task as appropriate. The calculations used to generate the fee study will be included textually, as well as in easy-to-understand tables. Individual fee summaries for the department and the fee schedule will be included.
The draft memo will include the following:
▪ Key results and findings;
▪ Basic descriptions of each service;
▪ The reasonable full cost of each service and current cost recovery levels; ▪ Fee recommendations with associate levels of cost recovery; ▪ Projections of potential fee revenue (if estimated activity level is known); and ▪ Summary and recommendations.
The objective of the memo is to communicate the recommendation of appropriate fees, which include the appropriate subsidy percentage for those fees where full cost recovery may be unrealistic.
Meetings: One (1) web meeting with City staff, to present draft results address questions and receive feedback.
Agenda Item #10.6.
User Fee Study – Planning and Weed Abatement Fee Update 2 City of St Helena, CA
Deliverables: Willdan: Draft memo for City review and comment.
City: Review of draft memo, with comments and edits.
Task 6: Revise Draft Memorandum
Objective: Review of draft memo.
Description: The goal of this task is to update the memo based on staff feedback and desired changes.
Often through the course of an engagement, City staff will volunteer insightful likes and dislikes regarding the draft memo’s format and content. We listen to this feedback carefully because your staff members know the community best. Following one (1) round of comments from City staff on the draft memo and feedback from City staff, we will prepare the final memo for presentation to the City Council.
Deliverables: Final memo, revised draft /final memo.
Task 7: Present Final Memorandum
Objective: Present final memo to City Council.
Description: This task is the culmination of the entire project. We will prepare the presentation for the public hearing with Council to consider adoption of the updated fee schedule.
Meetings: One (1) meeting with City Council to present the results and adopt the updated fee schedule.
Deliverables: Provide one (1) electronic PDF file copy of the final memo and model; and, if requested, provide five (5) bound copies, and one (1) unbound copy to the City. Using Microsoft Word and Excel, an updateable electronic copy of the memo and model, as well as related schedules, will also be provided via email.
City Staff Support
To complete our tasks, we will need the cooperation of City staff. We suggest that the City of St. Helena assign a key individual to represent the City as the project manager who can function as our primary contact. We anticipate that the City’s project manager will:
1) Coordinate responses to requests for information;
2) Coordinate review of work products; and
3) Help resolve policy issues.
Willdan will endeavor to minimize the impact on City staff in the completion of this project. We will ask for responses to initial information requests in a timely manner. If there are delays on the part of the City, we will contact the City’s project manager to steer the project back on track. We will keep the City’s project manager informed of data or feedback we need to keep the project on schedule.
Agenda Item #10.6.
User Fee Study – Planning and Weed Abatement Fee Update 3 City of St Helena, CA
Schedule of Fees
Based on the corresponding work plan identified within the scope of services, we propose a fixed fee of $9,800 to prepare a User Fee Study update.
Notes:
▪ Our fee includes all direct expenses associated with the project. ▪ We will invoice the City monthly based on percentage of project completed. ▪ Additional services may be authorized by the City and will be billed at our then-current hourly overhead consulting rates.
▪ City shall reimburse Willdan for any costs Willdan incurs, including without limitation, copying costs, digitizing costs, travel expenses, employee time and attorneys' fees, to respond to the legal process of any governmental agency relating to City or relating to the project. Reimbursement shall be at Willdan 's rates in effect at the time of such response.
▪ The cost of preparing the user fee study can be included in the resulting new fee schedule. Therefore, over time, the City can recover the initial outlay of funds that was required to complete the studies. ▪ Willdan will rely on the validity and accuracy of the City’s data and documentation to complete the analysis.
Willdan will rely on the data as being accurate without performing an independent verification of accuracy and will not be responsible for any errors that result from inaccurate data provided by the client or a third party.
Additional Services
Additional services may be authorized in writing by the City and will be billed at our current hourly consulting rates.
Our current hourly rates are identified in the table below.
Willdan Hourly Rate Schedule
Position Team Member Hourly Rate
Vice President - Director Chris Fisher $250
Managing Principal $240
Principal Consultant Tony Thrasher
Bob Quaid $210
Senior Project Manager $185
Project Manager $165
Senior Project Analyst Priti Patel $135
Senior Analyst $125
Analyst II $110
Analyst I $100
We look forward to continuing to serve the City of St. Helena. If you have any questions, please feel free to contact me directly at (951) 587-3530 or via email to [email protected].
WILLDAN FINANCIAL SERVICES
Tony Thrasher
Principal Consultant
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Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Finance
DATE: April 23, 2024
FROM: Yosselyn Valencia, Finance Manager
SUBJECT: Proposed approval of a resolution authorizing an administrative budget line-item correction in the amount of $86,308 for an administrative amendment correction
related to Murray Building, Inc. for the completed project No. C22-0001, Napa Valley Tenant Improvements.
RECOMMENDED
ACTION:
Staff recommends approval of the attached resolution.
PREVIOUS COUNCIL
ACTION:
December 12, 2023, Council authorized to prepare a
Notice of Completion and the release of retention for the final contract amount $1,539,127 and total expended of
$1,503,035.
STATEMENT OF THE
PURPOSE:
Approve a budget amendment to increase the budget in
Fiscal Year 2023-2024 related to the final invoice and the release of retention.
FINANCIAL IMPACT: The Financial Impact of the budget amendment is $86,308 for a total Financial Impact of $1,503,035. These funds were previously authorized by council and accounted for in the previously reported estimated fund balance and net
position.
BACKGROUND:
On June 28, 2022, the City Council approved a construction contract with Murray Building Inc, (MBI) to be the General Contractor for the Napa Valley College Tenant Improvement Project C22-0001 for an amount not-to-exceed $1,167,379 and a 10% contingency. On December 7, 2022, staff recommended an approval of contract change order totaling $150,000 for a total not-to-exceed $1,317,379 and another change order on January 10, 2023, for a total of $105,009.83 not-to-exceed $1,422,388.83. Finally, on December 12, 2023, City Council authorized to prepare a Notice of Completion and the release of retention for the final total expended amount of $1,503,035.07, which included the 10% contingency.
DISCUSSION:
As per Financial Policy P-FI-0016, any increases in budget appropriations must be approved by the City Council. On June 28, 2022, the City Council approved a 10% contingency, which should have been carried over to FY 2023-2024, amounting to $116,737.90. However, due to an administrative error, the 10% contingency was not encumbered in the City's accounting software, Springbrook. This resulted in the unspent Agenda Item #10.7.
budget not being carried over to FY 2023-2024 and instead released the funds to the general fund balance reserves.
The Napa Valley College (C22-0001) project was completed, and the City Council approved the notice of completion and the release of retention on December 12, 2023.
The total expended for Murray Building was $1,503,035.07. The vendor, Murray Building, Inc., submitted a final payment request in August 2023, and the final payment was issued in October 2023.
The budget appropriation approved by the City Council on June 28, 2022, included a 10% contingency along with the original contract amount for the project. The remaining budget appropriation that was not spent should have rolled over from FY 2022-2023 to FY 2023-2024. However, due to the budget not being rolled over and to be explicit about the budget, Finance is requesting the unspent budget in FY 2022-2023 to be reallocated in FY 2023-2024 to comply with Financial Policy P-FI-0016. This action will not impact the general fund net position as the expense was already accounted for, but it is required to correct the budget recorded in Springbrook.
ENVIRONMENTAL REVIEW:
None.
GOAL:
Miscellaneous/Other
DOCUMENTS ATTACHMENTS:
Resolution - Murray Building Administrative Correction
CoSH NVC Campus CCO 4 - signed
06-28-2022 Murray Building Contract with Insurance and Bond FINAL Agenda Item #10.7.
CITY OF ST. HELENA
RESOLUTION NO. 2024-
Resolution of the City Council of the City of St. Helena Authorizing a Budget Increase in the Amount of $86,308
for an Administrative Amendment Correction Related to
Murray Building; Inc., for Project No. C22-0001, Napa
Valley Tenant Improvements.
RECITALS
A. On May 25, 2021 the City Council approved Resolution 2021-73 authorizing a lease for a portion of the Napa Valley Community College District Upper Valley Campus for space to serve as City Hall and Police Facility; and B. Pursuant to St. Helena Municipal Code Chapter 3.04; Article 3 Public Works Projects; Section 3.04.220 on May 25, 2022, a notice inviting bids was posted and mailed to contractors inviting bids for Project NO. C22-0001, Napa Valley Tenant Improvements; and
C. On June 15, 2022 four (4) bids were received and opened in accordance with applicable law; and
D. The lowest responsive and responsible bidder for the Project was Murray Building, Inc, of Sonoma, CA in the amount of $1,167,379; and
E. The Public Works Director/City Engineer authorized four (4) contract change orders during the project in the total amount of $486,150.63; and F. The final construction contract amount is $1,503,035, which includes four contract change orders; and
G. The project has been inspected and Murray Building, Inc has completed the work in accordance with the contract documents for the project; and H. If no liens or claims have been filed within 35 days of filing the Notice of Completion, the retained payment funds, and any amount due, will be released to Murray Building, Inc; and
I. The contract entitled Project NO. C22-001, Napa Valley Tenant Improvements, with the final contract amount of $1,539,126.73, is accepted as complete, subject to the Agenda Item #10.7.
Contractor, Murray Building, Inc, completing the punch list work prior to the release of the retention, and the Contractor’s continuing warranty and other obligations pursuant to the contract; and
J. The Public Works Director/City Engineer is authorized to prepare a Notice of Completion and the City Clerk is directed to file a Notice of Completion with the Napa County Recorder.
RESOLUTION
The City Council of the City of St. Helena hereby resolves as follows:
1. Authorizes an administrative budget amendment correction to the FY 2023-2024 budget, account 101-40-00-21-45 Contract Services, in the amount of $86,308 for the final invoice and the release of the retention payment to Murray Building, Inc.—funding source: the general fund reserves.
Approved at a Regular Meeting of the St. Helena City Council on April 23rd, 2024, by the following vote:
Mayor Dohring: __________
Vice Mayor Hall: __________
Councilmember Chouteau: __________
Councilmember Kenealy: __________
Councilmember Summers: __________
APPROVED: ATTEST:
________________________ ________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #10.7.
August 9, 2023
City of St Helena
City Council
1088 College Ave
St Helena, CA. 94574
RE: Change Order #4 – Murray Building, Inc.
City of St Helena at Napa Valley College Campus
Item #1 – Split Cost of Final Dumpster for City’s Use – COR #51 This change is the result of an owner request. A negotiated agreement between Murray Building,Inc., and the City of St Helena to share the costs of the final dumpster load, allowing the City of St Helena the ability to remove and dispose of unwanted furniture and miscellaneous in the building prior to the City’s occupancy. The total cost for Item #01 includes the added costs associated with the labor and equipment. $818.27 Item #2 – Paint Touch Up Due to Water Damage – COR #52
This change is the result of a design change. Several interior wall areas which weren’t included in the scope of the construction project had suffered water damage and were bubbled and discolored. This COR is for the patching and painting of these areas prior to the City taking occupancy of the building. $1,834.47 In our capacity as the District’s Construction Manager, we have completed a review of Change Order #4.
Change Order #4 amounts to $2,652.74.
Based upon the review of the merit and compensation, it is our recommendation that this change order be approved. If you have any questions, please do not hesitate to call.
Sincerely,
John Dilena
John Dilena
Greystone West Company
Agenda Item #10.7.
Change Order #4 – City of St Helena at NVC North Campus 1 Change Order #004 – City of St. Helena at NVC North Campus Contractor: Murray Building, Inc.
1181 Broadway
Sonoma, CA. 95476
Date: August 8, 2023
RE: City of St. Helena
NVC North Campus
CO No. 004
Description of Work: Change of Scope Items per Potential Change Order as itemized:
COR # Description of Work Amount Reference
51 Split cost of final dumpster for City’s use 818.27
52 Owner requested paint touch up due to water damage 1,834.47 Total CCO #3 $ 2,652.74
Time Impact: 0 Days
Architect Date
Noll and Tam Architects
Construction Manager Date
Greystone West
Contractor / Developer Date
Scott Murray, Murray Building
City of St. Helena Date
When signed, the City of St. Helena authorizes Developer to proceed with the work described above. Additionally, the Developer is authorized to charge all associated costs described herein to the Owner Contingency. Time impacts, if any, will be included in a revision to the Lease Agreement.
The undersigned Developer approves the foregoing as to the changes, if any, and to the Guaranteed Maximum Price specified for each item and as to the extension of time allowed, if any, for completion of the entire Work as stated herein, and agrees to furnish all labor, materials and service, and perform all work necessary to complete any additional work specified for the consideration stated herein. Submission of sums which have no basis in fact or which the Developer knows are false are at the sole risk of Developer and may be in violation of the False Claims Act set forth under Government Code section 12650 et seq. and U.S. Criminal Code, 18 U.S.C. § 1001. It is understood that the changes herein to the Contract Documents shall only be effective when approved by the governing board of the District.
It is expressly understood that the value of the extra Work or changes expressly includes any and all of the Developer's costs and expenses, both direct and indirect, resulting from additional time required on the Project or resulting from delay to the Project. Developer is not entitled to separately recover amounts for overhead or other indirect costs. Any costs, expenses, damages, or time extensions not included are deemed waived.
Original Construction Contract $1,167,389.00
Total CCO #002: $ 109,857.05
Total CCO #003: $ 228,488.06
Total CCO #004 $ 2,652.74
Revised Contract Amount $1,508,696.85
Scott Murray (Aug 11, 2023 11:49 PDT)
Aug 11, 2023
John Dilena (Aug 16, 2023 14:55 PDT)
Aug 16, 2023
Phan Dung (Aug 16, 2023 15:09 PDT)
Phan Dung Aug 16, 2023
Joseph Leach (Aug 22, 2023 09:18 PDT)
Aug 22, 2023
Agenda Item #10.7.
Distribution to:
OWNER
ARCHITECT
CONTRACTOR
INSPECTOR 51
TITLE: Dumpster For Owner Items
PROJECT: ARCHITECT: C. O. R. No. 51
NVC UVC T.I. Noll & Tam Date: 6/8/2023
1088 College Avenue 729 Heinz Avenue Arch. Project No.
Berkeley, Ca 94710 Contract For:
Fax: Contract Date: 7.25.22
DSA File No.
OWNER: INSPECTOR OF RECORD: DSA App. No. 01-119725
Napa Valley CCD OPSC App. No.
2277 Napa Vallejo Hwy Response to:
Arch. RFP No. Own. Req.
Fax: Fax:
DESCRIPTION:
MODIFICATION TO
CONTRACT SUM: MODIFICATION TO
(Line 22 from Page 2) CONTRACT TIME:
Supporting schedule information attached
CONTRACTORS CERTIFICATION AND WAIVER OF CLAIMS:
94574
Napa , Ca 94558
$818.27
"The undersigned Contractor approves the foregoing as to the changes in work, if any, and as to the contract price specified for each item and as to the extension of time allowed, if any, for completion of the project as stated herein, and agrees to furnish all labor, materials, and service and to perform all work necessary to complete any additional work specified for the consideration stated herein. Submission of claims which have no basis in fact or which Contractor knows are false are made at the sole risk of the Contractor and may be a violation of the False Claims Act, as set forth in Government Code Sections 12650 et seq. It is understood that the changes to the Contract Documents set forth herein shall only be effective upon approval by the governing board of the District." "It is expressly understood that the value of the extra work or changes expressly includes any and all of the Contractor's costs and expenses, both direct and indirect, resulting from additional time required on the project or resulting from delay to the project. Any costs, expenses, damages, or time extensions not included herein are deemed waived."
CHANGE
ORDER
REQUEST
COR
COR for the 1/2 the cost of the final dumpster that was used by Owner to dispose of non-wanted items in building as per agreement.
Agenda Item #10.7.
CONTRACTOR
Architect's Action
REJECT - Received Too Late.
Fax: REJECT - Inadequate Back-Up.
By. Scott Murray REJECT - Not in Proper Form.
Date 6/8/2023 Review and Comment Only
SUMMARY OF ATTACHMENTS TO: C.O. R. No.: 51
PROJECT: Project No.:
NVC UVC T.I. Date: 6/8/2023
1088 College Avenue DSA App. No.: 01-119725
of 3
Line TITLE: Dumpster For Owner Items ADDED CREDIT
ALL LINES SHALL BE FILLED IN, (zero values acceptable).
GENERAL CONTRACTOR'S WORK
1 Material (attach itemized quantity and unit cost excluding sales tax) $697.59 $0.00 2 Labor (attach itemized hours and rates) $0.00 $0.00
3 Equipment (attach invoices) $0.00 $0.00
4 Subtotal $697.59 $0.00
5 General Contractor's Overhead and Profit,
not to exceed fifteen percent (15%) of lines 1 & 4. $104.64 $0.00 6 Subtotal $802.23 $0.00
7 Liability and Property Damage Insurance, Worker's
Compensation Insurance, Social Security, and
Unemployment Taxes, not to exceed thirty-five percent
(35%) of line 2. $0.00
8 Subtotal General Contractor Work (sum of lines 6 and 7.) $802.23 $0.00 SUBCONTRACT WORK (Provide separate breakdown for each subcontract)* 9 Material (attach itemized quantity and unit cost excluding sales tax) $0.00 $0.00 10 Labor (attach itemized hours and rates) $0.00 $0.00
11 Vendor (attach invoices) $0.00 $0.00
12 Subtotal $0.00 $0.00
13 Subcontractor's overhead and profit on work performed by Sub-contractor, not to exceed fifteen percent (15%) of line 12. Incl. $0.00 14 Subtotal $0.00 $0.00
15 General Contractor's Overhead and Profit on subcontract work, not to exceed ten percent (10%) of line 14. $0.00 $0.00 16 Liability and Property Damage Insurance, Worker's
Compensation Insurance, Social Security, and Unemployment Taxes, not to exceed thirty-five percent (35%) of line 10. $0.00 $0.00 waived."
"Any alteration or revision of this Document, it's terms, or this Certification is deemed a waiver of any costs, expenses, damages, or time extensions included herein."
Agenda Item #10.7.
17 Total of Subcontract Work (sum of lines 14, 15 and 16) $0.00 $0.00 18 Subtotal General Contractor and Subcontractor Work
(sum of lines 8 and 17.) $802.23 $0.00
19 Applicable Taxes (itemized by levy and by contract) $0.00 $0.00 20 Subtotal (sum of lines 18 and 19) $802.23 $0.00
21 Bond not to exceed one and one half percent (1 1/2%) of line 20. $16.04 $0.00 22 TOTAL (sum of lines 20 and 21.) Copy to cover page. $818.27 $0.00 * Attach additional copies of this page as required to summarize additional subcontracts.
Agenda Item #10.7.
Agenda Item #10.7.
Distribution to:
OWNER
ARCHITECT
CONTRACTOR
INSPECTOR 52
TITLE: Owner Requested Paint Touch Up
PROJECT: ARCHITECT: C. O. R. No. 52
NVC UVC T.I. Noll & Tam Date: 7/25/2023
1088 College Avenue 729 Heinz Avenue Arch. Project No.
Berkeley, Ca 94710 Contract For:
Fax: Contract Date: 7.25.22
DSA File No.
OWNER: INSPECTOR OF RECORD: DSA App. No. 01-119725
Napa Valley CCD OPSC App. No.
2277 Napa Vallejo Hwy Response to:
Arch. RFP No. Own. Req.
Fax: Fax:
DESCRIPTION:
MODIFICATION TO
CONTRACT SUM: MODIFICATION TO
(Line 22 from Page 2) CONTRACT TIME:
Supporting schedule information attached
CONTRACTORS CERTIFICATION AND WAIVER OF CLAIMS:
94574
Napa , Ca 94558
$1,834.47
"The undersigned Contractor approves the foregoing as to the changes in work, if any, and as to the contract price specified for each item and as to the extension of time allowed, if any, for completion of the project as stated herein, and agrees to furnish all labor, materials, and service and to perform all work necessary to complete any additional work specified for the consideration stated herein. Submission of claims which have no basis in fact or which Contractor knows are false are made at the sole risk of the Contractor and may be a violation of the False Claims Act, as set forth in Government Code Sections 12650 et seq. It is understood that the changes to the Contract Documents set forth herein shall only be effective upon approval by the governing board of the District." "It is expressly understood that the value of the extra work or changes expressly includes any and all of the Contractor's costs and expenses, both direct and indirect, resulting from additional time required on the project or resulting from delay to the project. Any costs, expenses, damages, or time extensions not included herein are deemed waived."
CHANGE
ORDER
REQUEST
COR
COR for additional painting, outside of contract scope, that was requested by Owner during punch list phase.
Painting was of water damaged area in South Hallway.
Agenda Item #10.7.
CONTRACTOR
Architect's Action
REJECT - Received Too Late.
Fax: REJECT - Inadequate Back-Up.
By. Scott Murray REJECT - Not in Proper Form.
Date 7/25/2023 Review and Comment Only
SUMMARY OF ATTACHMENTS TO: C.O. R. No.: 52
PROJECT: Project No.:
NVC UVC T.I. Date: 7/25/2023
1088 College Avenue DSA App. No.: 01-119725
of 3
Line TITLE: Owner Requested Paint Touch Up ADDED CREDIT ALL LINES SHALL BE FILLED IN, (zero values acceptable).
GENERAL CONTRACTOR'S WORK
1 Material (attach itemized quantity and unit cost excluding sales tax) $0.00 $0.00 2 Labor (attach itemized hours and rates) $0.00 $0.00
3 Equipment (attach invoices) $0.00 $0.00
4 Subtotal $0.00 $0.00
5 General Contractor's Overhead and Profit,
not to exceed fifteen percent (15%) of lines 1 & 4. $0.00 $0.00 6 Subtotal $0.00 $0.00
7 Liability and Property Damage Insurance, Worker's
Compensation Insurance, Social Security, and
Unemployment Taxes, not to exceed thirty-five percent
(35%) of line 2. $0.00
8 Subtotal General Contractor Work (sum of lines 6 and 7.) $0.00 $0.00 SUBCONTRACT WORK (Provide separate breakdown for each subcontract)* 9 Material (attach itemized quantity and unit cost excluding sales tax) $0.00 $0.00 10 Labor (attach itemized hours and rates) $0.00 $0.00
11 Vendor (attach invoices) $1,635.00 $0.00
12 Subtotal $1,635.00 $0.00
13 Subcontractor's overhead and profit on work performed by Sub-contractor, not to exceed fifteen percent (15%) of line 12. Incl. $0.00 14 Subtotal $1,635.00 $0.00
15 General Contractor's Overhead and Profit on subcontract work, not to exceed ten percent (10%) of line 14. $163.50 $0.00 16 Liability and Property Damage Insurance, Worker's
Compensation Insurance, Social Security, and Unemployment Taxes, not to exceed thirty-five percent (35%) of line 10. $0.00 $0.00 waived."
"Any alteration or revision of this Document, it's terms, or this Certification is deemed a waiver of any costs, expenses, damages, or time extensions included herein."
Agenda Item #10.7.
17 Total of Subcontract Work (sum of lines 14, 15 and 16) $1,798.50 $0.00 18 Subtotal General Contractor and Subcontractor Work
(sum of lines 8 and 17.) $1,798.50 $0.00
19 Applicable Taxes (itemized by levy and by contract) $0.00 $0.00 20 Subtotal (sum of lines 18 and 19) $1,798.50 $0.00
21 Bond not to exceed one and one half percent (1 1/2%) of line 20. $35.97 $0.00 22 TOTAL (sum of lines 20 and 21.) Copy to cover page. $1,834.47 $0.00 * Attach additional copies of this page as required to summarize additional subcontracts.
Agenda Item #10.7.
Quote # 004
PCO #
Date Issued 2/10/2023
KBI Job # 22-112
GC Job #
Submitted To Submitted By
GC:
PM:
PE:
SUPER:
Subject
Amount
PROJECT: NVC Upper Valley Campus
KBI Painting Inc.
Jim Koreen
President / Estimator
(707) 753-0933
Scott Murray
Murray Building, Inc
Item #
$985.00
2 Paint water damaged area only
**Alternate Add - Finish wall & ceiling corner to corner** $985.00
We will proceed with this pricing change request upon written approval via email or receipt of change order to contract.
TOTAL $650.00
NVC Wall Repair
1 $650.00
TOTAL
DESCRIPTION OF WORK
KBI Painting Quote Sheet
1310 Ross Street Suite A, Petaluma CA 94954 - office (707) 795-4955 - fax (707) 777-5413 Agenda Item #10.7.
Murray CCO 4
Final Audit Report 2023-08-22
Created: 2023-08-11
By: Kristi Janowski ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAArNgUqBj7RvwJHRah9HbjObW0QKxmm5pg "Murray CCO 4" History
Document created by Kristi Janowski ([email protected]) 2023-08-11 - 3:10:16 PM GMT
Document emailed to [email protected] for signature 2023-08-11 - 3:12:46 PM GMT
Email viewed by [email protected]
2023-08-11 - 6:48:22 PM GMT
Signer [email protected] entered name at signing as Scott Murray 2023-08-11 - 6:49:30 PM GMT
Document e-signed by Scott Murray ([email protected]) Signature Date: 2023-08-11 - 6:49:32 PM GMT - Time Source: server Document emailed to John Dilena ([email protected]) for signature 2023-08-11 - 6:49:34 PM GMT
Email viewed by John Dilena ([email protected])
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Document e-signed by John Dilena ([email protected]) Signature Date: 2023-08-16 - 9:55:39 PM GMT - Time Source: server Document emailed to [email protected] for signature 2023-08-16 - 9:55:40 PM GMT
Email viewed by [email protected]
2023-08-16 - 10:08:45 PM GMT
Signer [email protected] entered name at signing as Phan Dung 2023-08-16 - 10:09:45 PM GMT
Agenda Item #10.7.
Document e-signed by Phan Dung ([email protected]) Signature Date: 2023-08-16 - 10:09:47 PM GMT - Time Source: server Document emailed to Joseph Leach ([email protected]) for signature 2023-08-16 - 10:09:48 PM GMT
Document e-signed by Joseph Leach ([email protected]) E-signature obtained using URL retrieved through the Adobe Acrobat Sign API Signature Date: 2023-08-22 - 4:18:54 PM GMT - Time Source: server Agreement completed.
2023-08-22 - 4:18:54 PM GMT
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Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Recreation
DATE: April 23, 2024
FROM: Dave Jahns, Parks & Recreation Director
SUBJECT: Consideration and approval of a resolution authorizing the City Manager to execute a Professional Services
Agreement with Devastating Pyrotechnics, Inc., in the
amount of $40,000 for the July 4, 2024 fireworks display.
RECOMMENDED
ACTION:
Staff recommends reviewing the proposed plan for the 4th of July and provide direction to staff. If comfortable
moving forward with a fireworks display, authorize the City Manager to enter into a Professional Services Agreement with Devastating Pyrotechnics, Inc.
PREVIOUS COUNCIL
ACTION:
June 13, 2023. City Council approved a resolution
authorized a Professional Services Agreement with the
same vendor for the 2023 fireworks display.
STATEMENT OF THE
PURPOSE:
Provide Council with the proposed plan for the 2024 4th of July celebrations and seek authorization to enter into an agreement with a professional fireworks vendor.
FINANCIAL IMPACT: The Financial Impact of $40,000 was previously authorized in the adopted 2024-25 Parks and Recreation operating
budget.
BACKGROUND:
Since 2015, the Parks & Recreation Department has led the implementation of 4th of July fireworks show at Crane Park. Beginning in 2019, The City committed to fully fund the annual fireworks show, thereby discontinuing the practice of donation solicitation.
After a hiatus in providing community fireworks display from 2020-2022, due to COVID and local fire impacts, the City Council authorized to the return of a fireworks display in 2023. The fireworks show has traditionally been the grand finale for the 4th of July celebration and is eagerly anticipated by local residents. The full schedule of activities includes the following:
Red, white, and blue bicycle parade
Family fun activities at Lyman Park
Saint Helena Community Band performance in Lyman Park Community festival at Crane Park
Professional fireworks display at Crane Park
It is estimated that over 2,000 people were in attendance for the Crane festivities and fireworks show last year, with strong turnouts for the activities in the other locations as Agenda Item #10.8.
well. After a successful event in 2023, staff are currently well into the planning process for this year’s 4th of July celebration. The proposed framework for the 2024 4th of July celebration was presented to the Parks and Recreation Commission at their April 15 meeting and the Commission indicated their support to again provide the community with a fireworks display on July 4th.
In preparation for the 2024 fireworks display, staff consulted with the Fire Chief, Police Chief, and City Management prior to entering into discussions with a fireworks operator.
Based on the existing weather conditions and associated safety protocols that will be put into place when implementing a professional display, the City is comfortable with proposing a fireworks show for the community once again this year.
DISCUSSION:
Request for Proposals
Staff issued a Request for Proposals (RFP) to secure a qualified fireworks operator for the 2024 show in February and March of this year. After the process closed and review of submitted materials, staff determined that Devastating Pyrotechnics, Inc. met the standards of the RFP as well as demonstrated the ability to implement a high-quality show and professional show. This recommended vendor is the same organization who provided the St. Helena fireworks display in 2023.
If authorized, Devastating Pyrotechnics, Inc., will provide a site and personnel safety plan, licensed pyrotechnic operators, insurance coverage, and obtain the necessary City permits for the show.
Safety & Logistics Preparations
In the weeks leading-up to the event, staff from the Fire, Police, Public Works, and Recreation Departments will be collaborating regarding safety, site, and traffic logistics.
Weather conditions will be closely monitored up to and through the day of the fireworks display. In the case of any weather or other conditions that would create an unsafe environment to shoot the fireworks, the show will be postponed or cancelled.
As part of the outreach efforts, City staff will be encouraging community members that are interested in taking part in fireworks festivities to attend the professional, controlled show rather than take part in illegal firework activity in other locations in St. Helena.
Additionally, staff will be working closely with administration from St. Helena Unified School District for designated viewing areas, in preparation for a large spectator turnout.
Budget and Funding
The proposed fireworks agreement is for $40,000. The total cost for all associated events, activities, and materials (not including city personnel costs) for the 2024 4th of July festivities is estimated at $55,000. This figure is currently accounted for in the adopted 2024-25 Parks & Recreation operating budget.
Agenda Item #10.8.
If the fireworks Professional Services Agreement is approved by City Council, staff will return to the practice of actively seeking sponsorship to help offset the cost of the event.
If approved, staff has had several planning meetings regarding sponsorship and is prepared to begin outreach immediately. It should be noted that under section 170 (c) (1) of the Internal Revenue Code, charitable contributions to governmental units are taxdeductible if made for a public purpose.
ENVIRONMENTAL REVIEW:
As part of the cross-departmental planning process, the site and event plan will be reviewed by the City's Environmental Services Technician and staff and the selected vendor will follow all requirements set in place.
GOAL:
Goal 5: Enhance Quality of Life
DOCUMENTS ATTACHMENTS:
July 4 Fireworks Resolution _04.23.2024
Devastating Pyrotechnics PSA_04.23.24
2024 Fireworks_Request for Proposals
Agenda Item #10.8.
CITY OF ST. HELENA
RESOLUTION NO. 2024-
Resolution of the City Council of the City of St. Helena Authorizing the City Manager to Execute a Professional
Services Agreement with Devastating Pyrotechnics, Inc.
in the Amount of $40,000 for the 2024 July 4th Fireworks Show
WHEREAS, Since 2015, the City of St. Helena Parks and Recreation Department has organized a July 4th fireworks show for the community; and WHEREAS, The July 4th festivities in 2023, including a professional fireworks display provided Devastating Pyrotechnics, Inc., were deemed a successful event with large community turnout and support; and
WHEREAS, in February 2023, staff issued a Request for Proposals for a qualified and skilled professional fireworks operator and after review, staff determined Devastating Pyrotechnics, Inc.me the standards of the RFP and has demonstrated the ability to provide a high-quality and professional fireworks display; and WHEREAS, City staff and the selected vendor will collaborate in the weeks leading up to the event to ensure a safe environment to implement a professional and controlled fireworks display for the community in 2024; and WHEREAS, If the fireworks Professional Services Agreement is approved by City Council, staff will return to the practice of actively seeking sponsorship to help offset the cost of the event..
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. HELENA AS FOLLOWS:
SECTION 1. Authorize the City Manager to execute the agreement with Devastating Pyrotechnics, Inc.
SECTION 2. Authorize the expenditure of $40,000 from the approved 2024-25 operating budget
Approved at a Regular Meeting of the St. Helena City Council on April 23, 2024, by the following vote:
Agenda Item #10.8.
Mayor Paul Dohring: _____
Vice Mayor Eric Hall: _____
Council Member Anna Chouteau: _____
Council Member Patrick Kenealy: _____
Council Member Billy Summers: _____
APPROVED: ATTEST:
______________________ ________________________
Paul Dohring, Mayor Cindy Tzafopoulos, City Clerk
Agenda Item #10.8.
PSA Template - Pyrotechnics
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on April 23, 2024, by and between the City of St. Helena, located in the County of Napa, State of California (City), and Devastating Pyrotechnics, Inc. (Contractor).
RECITALS:
A. City desires to employ Contractor to furnish professional services in connection with the event described as July 4th Fireworks Show.
B. Contractor has represented that Contractor 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
Contractor agrees to perform the services set forth in Exhibit A, “Scope of Work” and made part of this Agreement.
SECTION 2 – ADDITIONAL SERVICES
Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement that are in addition to or outside of those set forth in this Agreement or Exhibit A, “Scope of Work”, unless such additional services and compensation are authorized in advance and in writing by the City Council or City Manager of the City.
SECTION 3 – TIME FOR COMPLETION
The time for completion of services shall be as identified in Exhibit A, “Scope of Work”.
SECTION 4 – COMPENSATION AND METHOD OF PAYMENT
A. Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amount specified in Exhibit B, “Costs” attached hereto and made a part hereof. Total compensation shall not exceed $40,000.00, unless additional compensation is approved in accordance with Section 2.
B. Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories if applicable: labor (by sub-category), travel, materials, equipment, supplies, subcontractor contracts, and miscellaneous expenses. Each original invoice furnished shall include the expenses incurred during the preceding month, the cumulative Agreement amount, and the amount remaining on the Agreement (if applicable). City shall independently review each invoice submitted to determine whether the work performed and expenses incurred are in Agenda Item #10.8.
PSA Template - Pyrotechnics
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 Contractor 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 Contractor for correction and resubmission. If the City reasonably determines, in its sole judgment, that the invoiced charges and expenses exceed the value of the services performed to date and that it is probable that the Agreement will not be completed satisfactorily within the contract price, City may retain all or a portion of the invoiced charges and expenses. Within thirty (30) days of satisfactory completion of the project, City shall pay the retained amount, if any, to Contractor.
C. Payment to the Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
SECTION 5 – STANDARD OF PERFORMANCE
Contractor 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. Contractor 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, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Contractor under this Agreement.
SECTION 6 – INSPECTION AND FINAL ACCEPTANCE
City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within sixty (60) days after submitted to City, unless the parties mutually agree to extend such deadline. City shall reject work by a timely written explanation, otherwise Contractor’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects and fraud. Acceptance of any of Contractor’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, the sections pertaining to indemnification and insurance.
SECTION 7 – INSURANCE REQUIRED
Contractor 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 Contractor, 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.
Agenda Item #10.8.
PSA Template - Pyrotechnics
B. Minimum Limits of Insurance. Contractor shall maintain limits no less than:
1. General Liability: $5,000,000 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 – $10,000,000.
2. Automobile Liability: $2,000,000 per accident for bodily injury and property damage.
3. Employer’s Liability: $2,000,000 per accident for bodily injury or disease.
C. Professional Liability Insurance. When Contractor 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”), Contractor shall maintain at least $2,000,000 of professional liability insurance.
D. Excess Limits. If Contractor maintains higher limits than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by Contractor. 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 Contractors 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 Contractors 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 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 Contractor or Contractor’s subcontractors; or automobile owned, leased, hired or borrowed by the Contractor.
2. For any claims related to Contractor’s conduct while performing the work of this project, the Contractor’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 Contractor’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 Agenda Item #10.8.
PSA Template - Pyrotechnics
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. Contractor’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. Contractor 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. Contractor shall indemnify and hold harmless City, its agents, officers, officials, employees, 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), incurred by reason of any negligent or otherwise wrongful act or omission of Contractor, its officers, agents, employees and subcontractors, or any of them, under or in connection with this Agreement; and Contractor 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 such negligent or otherwise wrongful act or omission, and to pay and satisfy any resulting judgments.
B. When Contractor under this Agreement is duly licensed under California Business and Professions Code as an architect, landscape architect, professional engineer, or land surveyor (“design professional”), the provisions of this section regarding Contractor’s duty to defend and indemnify apply only to claims that arise out of or relate to the negligence, recklessness, or willful misconduct of the design professional.
C. If any action or proceeding is brought against Indemnitees by reason of any of the matters against which Contractor has agreed to indemnify Indemnitees as provided above, Contractor, upon notice from City, shall defend Indemnitees at Contractor’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 Contractor shall ensure Agenda Item #10.8.
PSA Template - Pyrotechnics
Contractor’s obligations under this section, but the limits of such insurance shall not limit the liability of Contractor 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 or willful acts or misconduct.
SECTION 9 – INDEPENDENT CONTRACTOR STATUS
A. Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Contractor 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 Contractor shall at all times be under Contractor’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 Contractor or any of Contractor’s officers, employees or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees or agents are in any manner officials, officers, employees or agents of City.
C. Neither Contractor, nor any of Contractor’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. Contractor expressly waives any claim Contractor may have to any such rights.
SECTION 10 – CONFLICTS OF INTEREST AND ANTI-FRAUD AND ANTICORRUPTION POLICIES A. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts with the interests of City in the performance of this Agreement.
B. City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Consultant is aware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section.
C. Consultant understands and acknowledges City maintains an anti-fraud and anticorruption policy to protect the City, its operations, and its employees from and against financial risks, operational breaches, and unethical, fraudulent and corrupt activities. Consultant represents Agenda Item #10.8.
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and warrants that Consultant, its subcontractor(s) / subconsultant(s) and their respective employees providing services pursuant to the Agreement are (1) in good standing; (2) have not been previously investigated, convicted, or debarred for fraudulent or corrupt activities; (3) will not participate in fraudulent or corrupt activities, and (4) will take steps to ensure that its employees and subcontractor(s) / subconsultant(s) employees do not participate in any fraudulent or corrupt activities. Consultant acknowledges and agrees further that it has a duty to and will report to City any information or incident(s) about possible fraudulent or corrupt activities Consultant may discover, and will cooperate in any fraud or corruption investigation conducted, with respect to Consultant’s service provided pursuant to this Agreement.
SECTION 11 – OWNERSHIP OF DOCUMENTS
A. All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Contractor in the course of providing any services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Contractor. When requested by City, but no later than three years after project completion, Contractor shall deliver to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.
B. All copyrights, patents, trade secrets, or other intellectual property rights associated with any ideas, concepts, techniques, inventions, processes, improvements, developments, works of authorship, or other products developed or created by Contractor during the course of providing services (collectively the “Work Product”) shall belong exclusively to City. The Work Product shall be considered a “work made for hire” within the meaning of Title 17 of the United States Code. Without reservation, limitation, or condition, Contractor hereby assigns, at the time of creation of the Work Products, without any requirement of further consideration, exclusively and perpetually, any and all right, title, and interest Contractor may have in the Work Product throughout the world, including without limitation any copyrights, patents, trade secrets, or other intellectual property rights, all rights of reproduction, all rights to create derivative works, and the right to secure registrations, renewals, reissues, and extensions thereof.
SECTION 12 – CONFIDENTIAL INFORMATION; RELEASE OF
INFORMATION
A. All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor 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. Contractor, 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 Contractor gives City notice of such court order or subpoena.
Agenda Item #10.8.
PSA Template - Pyrotechnics
C. If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Contractor’s conduct.
D. Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite such response.
SECTION 13 – SUSPENSION OF WORK
City may, at any time, by ten (10) days written notice suspend further performance by Contractor. All suspensions shall extend the time schedule for performance in a mutually satisfactory manner and Contractor shall be paid for services performed and reimbursable expenses incurred prior to the suspension date.
SECTION 14 – COMPLIANCE WITH LAW
Contractor 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. Contractor 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 Contractor to comply with this section.
SECTION 15 – COMPLIANCE WITH CIVIL RIGHTS
During the performance of this contract, Contractor agrees as follows:
A. Equal Employment Opportunity. In connection with the execution of this Agreement, Contractor 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. Contractor will comply with all federal regulations relative to nondiscrimination to federally assisted programs.
Agenda Item #10.8.
PSA Template - Pyrotechnics
C. Solicitations for Subcontractors including Procurement of Materials and Equipment.
In all solicitations, either by competitive bidding or negotiations, made by Contractor 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 Contractor of Contractor’s obligations under this Agreement and the regulations relative to nondiscrimination.
SECTION 16 – RECORDS
A. Records of Contractor’s direct labor costs, payroll costs, and reimbursable expenses pertaining to this project covered by this Agreement will be kept on a generally recognized accounting basis and made available to City if and when required for a period of up to 3 years from the date of Contractor’s final invoice.
B. Contractor’s records and design calculations will be available for examination and audit if and as required. The cost of any reproductions shall be paid by City.
SECTION 17 – 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 Contractor in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement.
SECTION 18 – NOTICES
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by facsimile or first-class mail, addressed as follows:
To City:
To Contractor:
City Manager
1088 College Avenue
St. Helena, California 94574
Devastating Pyrotechnics, INC
477 2nd Avenue
San Francisco, CA 94118
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile, or, if mailed, three (3) days after deposit in the custody of the U.S. Postal Service.
SECTION 19 – TERMINATION
Agenda Item #10.8.
PSA Template - Pyrotechnics
D. City may terminate this Agreement, with or without cause, at any time by giving ten (10) days written notice of termination to Contractor. If such notice is given, Contractor shall cease immediately all work in progress.
E. If either Contractor or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Contractor, or City may terminate this Agreement immediately upon written notice.
F. Upon termination of this Agreement by either Contractor or City, all property belonging to City which is in Contractor’s possession shall be delivered to City. Contractor shall furnish to City a final invoice for work performed and expenses incurred by Contractor, prepared as set forth in this Agreement.
SECTION 20 – ATTORNEY 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 21 – 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 Contractor 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 22 – 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 Contractor without written consent of the City.
SECTION 23 – CONTINUITY OF PERSONNEL
Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff assigned to perform the services required under this Agreement, prior to any such performance.
SECTION 24 – DEFAULT
Agenda Item #10.8.
PSA Template - Pyrotechnics
In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default and may terminate this Agreement immediately by written notice to Contractor.
SECTION 25 – 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, nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a wavier of any of the provisions of this Agreement.
SECTION 26 – LAW TO GOVERN; VENUE
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Napa. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Northern District of California, in San Francisco.
SECTION 27 – 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 28 – 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.
Contractor:
By: ________________________________
Name:
Title: General Manager
City:
By: ________________________
Name: Anil Comelo
Title: City Manager
Approved as to Form:
Neil Li
Agenda Item #10.8.
PSA Template - Pyrotechnics
By:
_________________________________
Name: Ethan Walsh
Title: City Attorney
Agenda Item #10.8.
March 15, 2024
Dave Jahns
Director of Parks & Recreation
[email protected]
City of St Helena
1088 College Avenue
St Helena, CA 94574
Subject: Request for proposal fireworks display
I have designed an exciting display for your consideration. The below program is our initial proposal given the selected shoot site, and the ample setbacks it provides (up to 3-inch shells). The proposed show is consistent with your spectator viewing area and shoot location. We also invite an audit of all product, equipment and crew on the day of the shoot. We guarantee you will get every item listed in our proposal.
Devastating Pyrotechnics will provide all equipment and labor, acquire all permissions and security mandated by authorities having jurisdiction, reserve all transportation required, Workman's Compensation in addition to liability insurance for your fireworks display. I have attached to this proposal a copy of our sample insurance certificate. Devastating Pyrotechnics carries a $ 5 Million dollars per incident clause to cover the Fireworks Display along with $1 Million dollars of workers comp liability.
We have taken into consideration the complexities of producing a display at the selected location. All product proposed was selected with your location in mind keeping safety of spectators at the forefront.
The proposed display package will contain multi-shot barrage devices that fire continuous sequential effects throughout the duration of the display. This will certainly keep the sky filled for the duration of the display. The finale will leave your spectators in awe.
As the General Manager of the one of California’s premier and only local/minority owned (San Francisco) firework companies I can assure you we have done our best to provide you with a quote that will deliver those special memories that your community and guests will have for years to come.
I welcome any questions you may have and I thank you for considering our company to be part of your Independence Day celebrations.
Sincerely,
Neil Li
General Manager, Devastating Pyrotechnics, Inc
(415)793-5332
[email protected]
477 Second Ave
San Francisco, CA 94118
Agenda Item #10.8.
Experience & Qualifications:
Devastating Pyrotechnics is one of the premier importers and manufacturers of display pyrotechnics in the Western US. We are also the largest importer and distributor of highquality Chinese Celebration Firecrackers used in professional displays and parades around the US and the globe.
The corporate headquarters and main operations are based in San Francisco, CA. All product is imported directly or manufactured locally keeping costs at a minimum, allowing us to pass those savings on to our customers.
Devastating Pyrotechnics currently employs 3 full-time individuals and maintain dozens of licensed and trained pyrotechnicians. All staff and technicians working on your display will be fully trained, federally approved, Devastating Pyrotechnics employees.
All display technicians have attended Devastating Pyrotechnics’ extensive training program and have met all of the rigorous safety requirements, which exceed state and federal requirements.
All technicians have passed State and Federal background checks. We offer a number of different training courses with extensive classroom and hands-on training to our crews.
Apprentice Technicians always work alongside experienced technicians (mentors) to gain hands on, supervised experience.
Devastating Pyrotechnics Fireworks is proud to be the only local pyrotechnic display company in Northern California. We must prove our quality and customer satisfaction to every client, on every show, every time. Our goal is to outperform the “Big Display Companies” with every show, no matter how large or small. We are the underdog, and enjoy that position and, most importantly, have a perfect safety record
Devastating Pyrotechnics Key Team Members:
Kenny Chee – Owner/ CEO with 25 years’ experience Product Manufacturing, Selection and Import. Devastating Pyrotechnics Fireworks is a Licensed ATF and CalFire Importer & Manufacturer of display pyrotechnics. Member of Western Pyrotechnics Association, NFA, PGI (PGI Certified Operator), NFPA Educated and Trained, and California (CalFire) Licensed Operator.
Neil Li – General Manager 20 years’ experience with producing and coordinating pyrotechnic displays.
Jack Lee – Operations Manager overseeing Site Storage and Product Safety and Security.
Member of Western Pyrotechnics Association, NFA, PGI (PGI Certified Operator), NFPA Educated and Trained, and California (CalFire) Licensed Operator.
Agenda Item #10.8.
Devastating Pyrotechnics Safety:
All Devastating Pyrotechnic technicians undergo annual safety training and licensing.
Devastating Pyrotechnic technicians are governed by strict safety protocols that mandate proper safety protocols be followed, including the use of required safety equipment and clothing.
Devastating Pyrotechnics selects shoot sites and product based on NFPA 1123 requirements, as well as California Title 19 requirements. These protocols reduce any risk to spectators and crew should a catastrophic incident occur.
All product is selected with safety, site location and customer requirements in mind. Product is selected to minimize fallout and reduce fire danger to spectators, property and equipment.
Steps are taken to minimize any residual debris associated with the display.
Site safety and security is a top priority. No persons other than Devastating Pyrotechnics crew and the AHJ are to be permitted in the shoot site or the fallout zone.
Devastating Pyrotechnics crews, as a group, review the company emergency action plan prior to the start of every work day.
All fireworks are transported by California Licensed Haz-Mat drivers in secure, locked and placarded trucks in accordance to Federal DOT and California state regulations.
Devastating Pyrotechnics does not contract out hazmat transportation. Devastating Pyrotechnics is a DOT, CHP and California Registered Hazmat Trucking Company.
Agenda Item #10.8.
Scope & Detailed Work Plan
Scope of work and plan:
Devastating Pyrotechnics will furnish a complete time line and emergency list of contacts to all parties involved.
Devastating Pyrotechnics understands the need to minimize impact on ALL adjacent facilities.
Devastating Pyrotechnics maintains a “good neighbor policy” and can help interface with the local community to prepare for the event.
Devastating Pyrotechnics will work to minimize residual debris while maximizing the visibility from all areas of the shoot site.
Devastating Pyrotechnics suggests using the proposed shoot site. Safe set back distance for the fallout area are consistent with Devastating Pyrotechnics use of NFPA 1123 setbacks (70+ feet per inch in diameter).
The following is a list of the product proposed by Devastating Pyrotechnics to be used in the Independence Day Celebration display.
The largest diameter of multi-shot(cakes) product to be used will be 3” diameter. The largest aerial firework shell to be used will be 3” diameter.
Operations:
Agenda Item #10.8.
Main Body
2 Inch Devastating Pyrotechnics Assorted Select Shells 225
2.5 Inch Devastating Pyrotechnics Assorted Premium Shells 225 3 inch Devastating Pyrotechnics Assorted Premium Shells 225 Total Shells 675
Grand Finale
2 Inch Devastating Pyrotechnics Assorted Premium Finale Shells 200
2.5 Inch Devastating Pyrotechnics Assorted Premium Finale Shells 200 3 Inch Devastating Pyrotechnics Assorted Premium Finale Shells 200 Total Finale Shells 600
Total Display Shells 1275
Multi-Shot Devices (Bombardments 1.2 inch to 3 inch)
10,000 Shots
Total Multi Device Shots 10,000
Total Multi Shots and Display Shells 11,275
Agenda Item #10.8.
Devastating Pyrotechnics shall include a minimum crew of 6, including lead operator:
To Be Determined - Lead Operator and California (CalFire) licensed operator.
Devastating Pyrotechnics will interface directly with the local AHJ for all necessary permits, inspections, equipment and product.
Devastating Pyrotechnics will be following established company protocols, industry guidelines (NFPA 1123) as well as state and federal guidelines for safety.
Devastating Pyrotechnics team will work with the AHJ to mitigate any fire danger. Team members are trained in the use of fire suppression technics including the use of approved and certified extinguishers, shovels, brooms and other fire suppression tools.
Devastating Pyrotechnics crew will hose down surfaces or remove debris likely to pose a fire hazard. Lead operator will maintain constant contact with all team members as well as the local AHJ.
Devastating Pyrotechnics team will utilize all excess crew members as "spotters" for the display, looking for falling or burning debris both inside and outside the launch site.
Devastating Pyrotechnics will perform a thorough walk around of the site and perimeters immediately following the shoot identifying any live product or hot spots. Once area is determined to be free of hazards the site will be rested for 15 minutes before communicating "all clear" to the local AHJ. Upon receiving an "all clear" from the lead operator and local AHJ, the crew will commence breakdown and cleanup of the shoot site.
Agenda Item #10.8.
Event Budget
Devastating Pyrotechnics will commit to the event budget of $40,000.
Devastating Pyrotechnics is confident in our ability to exceed expectations on delivery, set up and firing for the proposed budget.
Devastating Pyrotechnics implements specific protocols when determining display budgets using a method that is repeated several hundred times a year.
Devastating Pyrotechnics maintains a year-round lease agreement with Ryder putting thousands of trucks at our disposal at a moment notice. We are also a fully licensed, bonded and insured Hazmat trucking company. We never contract out Hazmat transportation to other companies or contractors.
Devastating Pyrotechnics is one of the largest fireworks importers into the Western United States. We are also a fully licensed manufacturer. We run a lean operation and maintain minimal overhead allowing us to provide the most competitive pricing in the industry. We are able to assure our customer they are getting premium service with exceptional value. We ALWAYS encourage our customers to audit their shoot sites to insure they are getting everything they paid for.
Agenda Item #10.8.
Delivery Schedule and Timeline
July 3, 2024
10:00 - 12:00 Arrival of Truck with Equipment and Product 12:00 – 19:00 Setting up and Staging firework racks in Skate Park 19:00 – 10:00 (next day) overnight security needed from Client for Truck with Fireworks July 4, 2024
10:00 – 18:00 Loading product and wiring for electronic ignition. 21:30 - 21:48 Fireworks Display
21:50 – 22:10 Shoot site Cooldown (Safety precaution)
22:10-22:20 Licensed shooter walk through of shoot site to determine safe for cleanup 22:20 – 01:00 (next day) Clean up and pack up equipment Agenda Item #10.8.
1. San Francisco Chinese New Year Parade
Union Square, San Francisco, CA
Harlan Wong, Parade Director, [email protected] February 24, 2024
2. Independence Day Fireworks Display
Del Rio Country Club, Modesto, CA
Marissa Brown, Catering Director Assistant, [email protected] July 4, 2023
3. Independence Day Fireworks Display
Woodward Reservoir, Oakdale, CA
Julie Orona, Events & Marketing Specialist, Stanislaus County Parks & Recreation, [email protected] July 1, 2023
Reference Review
Agenda Item #10.8.
CITY OF ST. HELENA | REQUEST FOR PROPOSALS | FOURTH OF JULY FIREWORKS PAGE 1
CITY OF ST. HELENA
PARKS AND RECREATION DEPARTMENT
REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES
Fireworks Display for July 4, 2024
DATE ISSUED: Tuesday, February 20, 2024
DATE DUE: Friday, March 8, 2024, 5PM
CONTACT: Dave Jahns, Director of Parks & Recreation
[email protected]; (707) 967-2798
The City is only accepting proposals electronically via email to [email protected]
Only email’s sent to [email protected] will be considered as responsive to the request for proposals. Emails sent to other City emails may be considered as non-responsive and may not be reviewed
Agenda Item #10.8.
CITY OF ST. HELENA | REQUEST FOR PROPOSALS | FOURTH OF JULY FIREWORKS PAGE 2
TABLE OF CONTENTS
I. INTRODUCTION..................................................................................................................................... 3 II. SOLICITATION........................................................................................................................................ 3 III. SCOPE OF WORK ................................................................................................................................. 3 IV. SCHEDULE ............................................................................................................................................. 4 V. PROPOSAL REQUIREMENTS AND FORMAT......................................................................................4-6 PART 1 | COVER LETTER/EXECUTIVE SUMMARY .................................................................................. 5 PART 2 | EXPERIENCE AND QUALIFICATIONS OF CONTRACTOR/TEAM MEMBERS ..........................5 PART 3 | UNDERSTANDING OF PROJECT SCOPE & DETAILED WORK PLAN .....................................5 PART 4 | COMMITMENT TO PROJECT BUDGET .................................................................................... 6 PART 5 | DELIVERY SCHEDULE AND TIMELINE ...................................................................................... 6 PART 6 | INSURANCE REQUIREMENTS.................................................................................................... 6 PART 7 | REFERENCE REVIEW ................................................................................................................. 6 VI. PROPOSAL TERMS AND CONDITIONS .............................................................................................6-7
1. EXAMINATION OF PROPOSAL MATERIALS............................................................................. 6
2. ADDENDA INTERPRETATIONS .................................................................................................. 7
3. DESIGNATED CONTACT .......................................................................................................... 7
4. PUBLIC RECORDS..................................................................................................................... 7
5. PROPOSAL COSTS.................................................................................................................... 7
6. RESERVATION OF RIGHTS ........................................................................................................ 7
7. PRODUCT OWNERSHIP ............................................................................................................ 7
8. PROFESSIONAL SERVICES AGREEMENT.................................................................................. 7
9. CAUSES FOR DISQUALIFICATION.........................................................................................7-8
EXHIBITS
A. SITE MAP WITH LAUNCH ZONE AND VIEWING AREAS
B. SAMPLE CITY OF ST. HELENA PROFESSIONAL SERVICES CONTRACT Agenda Item #10.8.
CITY OF ST. HELENA | REQUEST FOR PROPOSALS | FOURTH OF JULY FIREWORKS PAGE 3
I. INTRODUCTION
The City of St. Helena, California is located in the center of the world-famous wine growing Napa Valley, 65 miles north of San Francisco.
The area was settled in 1834 as part of General Vallejo’s land grant. The City of St. Helena was incorporated as a City on March 24, 1876, and reincorporated on May 14, 1889.
The City, from its inception, has served as a rural agricultural center. Over the years, with the growth and development of the wine industry, St Helena has become an important business and banking center for the wine industry. The City also receives many visitors as a result of the wine industry and the area’s scenic qualities. The City’s goal is to maintain a small-town atmosphere and to provide quality services to its citizens.
The 4th of July has many aspects to this community that creates fun, nostalgia and hometown feeling including a bike parade through neighborhoods, a community band concert, and an afternoon free concert, carnival and ending the night with a firework display. We will be looking to recreate all aspects this year.
The official population of the City of St. Helena as of 2019 is 6,133 (CA Department of Finance). St. Helena is a full-service city and encompasses an area of four-square miles.
The City’s General Fund Budget is approximately $15 million.
II. SOLICITATION
The City of St. Helena is seeking proposals from experienced and qualified vendors to provide a fireworks, or comparable display, for the community on Thursday, July 4, 2024.
The show should be similar in scope and impact as the 2023 display. The show should be expected to be 15-18 minutes in length. The City welcomes creative proposals, such as including a musical element or other visual effects as part of the show, but not mandatory. The City will consider other visual display proposals, outside of Fireworks, if deemed to have the same impact and experience for attendees within the specified budget. The budgeted amount for this service is set at a cost not to exceed $40,000.
Prospective vendors will be required to provide qualifications, proposed work plan, proposed schedule, references, insurance coverage, and other related items as part of the proposal submittal (Section V). The deadline for submitting proposals is 4:00PM on Friday, March 8, 2024.
III. SCOPE OF WORK
The City is requesting proposals from qualified Contractors for pyrotechnics, or similar, services. Required services shall include, but are not limited to:
1. Provide a suggested pyrotechnics or equipment list and timeline for planning, delivery, set-up, security of site, detailed show elements, clean-up, and safely reopening site to the public.
Agenda Item #10.8.
CITY OF ST. HELENA | REQUEST FOR PROPOSALS | FOURTH OF JULY FIREWORKS PAGE 4
Contractor will be required to answer specifics about the proposed timeline and show specifics. At least one site visit with staff meet with City staff to discuss all aspects of the Proposed 4th of July display will be required.
Pyrotechnics and/or Visual display plans shall include, but are not limited to, the following:
1. SITE | where launching areas will be located, safety perimeter, and fall-out zones
2. PYROTECHNICS/EQUIPMENT USED | where launching areas will be located, safety perimeter, and fall-out zones
3. STAFFING | number of team members the Contractor will use, what their role is before, during and after the fireworks show, security needed in area/overnight.
4. INSPECTIONS | schedule and documentation as required by the City’s Fire Marshall
5. FIRE/LIFE SAFETY ISSUES | Emergency Action Plan
6. FIRE PROTECTION | on-site tools and methods for addressing unforeseen incidents related to pyrotechnics launching
IV. SCHEDULE
Responses to the RFP must be submitted to the City of St. Helena as outlined in this section.
Responses are due no later than
Friday, March 8, 2024, AT 4:00 PM
Responses received after this date and time will not be considered.
PROPOSED SCHEDULE FOR THE REVIEW AND SELECTION PROCESS
AND DESIRED TIMELINES FOR DELIVERABLES
MILESTONE DATE TIME
Release RFP February 20, 2024 5:00PM
Question submittal deadline February 27, 2024 5:00PM
Questions posted on City website (cityofsthelena.org/rfps) February 29, 2024 5:00PM Proposal due date March 8, 2024 5:00PM
Review and scoring of submittals Week of March 11 N/A
Award of Agreement March 2024 6:00PM
The schedule may be modified and/or extended if necessary.
V. PROPOSAL REQUIREMENTS AND FORMAT
If interested in this RFP, please notify Dave Jahns by email at [email protected] so you may be added to the notification list for addendums. Failure to notify Mr. Jahns could result in missing important and required information, and could result in disqualification.
Agenda Item #10.8.
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All submittals must follow the format described in this section. Respondents are encouraged to submit clear and concise responses to the RFP. The City of St. Helena reserves the right to include or exclude any part of the submittals in the final agreement with the selected Contractor.
To be considered for selection, submittals must arrive electronically by the date and time specified in Section IV. Only email’s sent to [email protected] will be considered as responsive to the request for proposals. Emails sent to other City emails may be considered as non-responsive and may not be reviewed.
Submittals must include the following components in the order listed below:
Part 1: Cover Letter/Executive Summary
Part 2: Experience and Qualifications of Contractor/Team Members Part 3: Understanding of Event Scope
Part 4: Commitment to Event Budget & Detailed Work Plan Part 5: Delivery Schedule and Timeline
Part 6: Proof of Insurance
Part 7: Reference Review
PART 1 | COVER LETTER/EXECUTIVE SUMMARY
In no more than three (3) pages, the Cover Letter and Executive Summary shall include:
1. The names of the key members of the Contractor team.
2. The mailing address, telephone number, and the name of the main point of contact for the Contractor team.
3. A summary of the Contractor’s pyrotechnics experience and qualifications and the significant advantages to selecting the Contractor.
4. An acknowledgement of receiving any addendum(s) to the RFP document sent out by the City.
PART 2 | EXPERIENCE AND QUALIFICATIONS OF CONTRACTOR/TEAM MEMBERS Provide detail relating to the experience and qualifications of the members of the team, including an organizational chart showing all key personnel who will be assigned to this event. Submit brief resumes demonstrating the training, experience, and other qualifications of the key personnel who will be assigned to this event.
Contractor should further document expertise by including the information regarding the following:
1. Safety of Contractor’s team members, as well as spectators and property.
2. Any other information that would assist the review team in understanding the Contractor’s team’s capacity to efficiently, effectively and safely implement the fireworks show.
PART 3 | UNDERSTANDING OF EVENT SCOPE & DETAILED WORK PLAN Each respondent shall demonstrate its capacity to deliver professional pyrotechnics.
Respondent should outline methodology and logistics capable of meeting the goals outlined in July 4th Fireworks Show event, as well as provide a proposed work plan for development and implementation of the event as described in the scope of work.
Agenda Item #10.8.
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Respondents should draw from previous experience and demonstrated competence to articulate how their capabilities are distinct, comprehensive, and add value.
PART 4 | COMMITMENT TO EVENT BUDGET
Contractor shall provide a total base fee for the project, based on an amount not to exceed $40,000. Each responding Contractor shall include an acknowledgement that it can effectively complete set-up and delivery of a 4th of July fireworks, or similar, display within the budget indicated. Each respondent should clearly explain in this section the methods and process it will use to ensure the project is within budget and that the City will be getting the best value within the budgeted amount. Please note: Any necessary lodging, food, resources for the crew are the responsibility of the Contractor.
PART 5 | DELIVERY SCHEDULE AND TIMELINE
Discuss in this section the steps the Contractor team proposes to use. Clearly outline the delivery schedule and timeline of each stage of event set-up, implementation, and teardown, if security is needed for overnight. Specific dates should be used assuming an award to this RFP and an executed agreement in late March or early April 2024. Indicate in the proposed scheduling the necessary involvement and various decision points required of the City. A detailed timeline or representation of the delivery timeline with pertinent milestones and events is required in this section.
PART 6 | INSURANCE REQUIREMENTS
Contractor will provide proof of insurance for a minimum of $5 million in liability coverage listing the City of St Helena as the additionally insured, as well as an endorsement.
1. General Liability: $5,000,000 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 – $10,000,000.
2. Automobile Liability: $2,000,000 per accident for bodily injury and property damage.
3. Employer’s Liability: $2,000,000 per accident for bodily injury or disease.
PART 7 | REFERENCE REVIEW
The review team will conduct a background reference review of each respondent. Please include the following information for three (3) projects that the proposed contractor team worked on together:
- Name of the Event (e.g. July 4th Fireworks Show)
- Location of the Event (e.g. Crane Park)
- Name, title, and contact information for the client
- Project budget (e.g. amount not to exceed $40,000.00) - Date of completion of the Event
VI. PROPOSAL TERMS AND CONDITIONS
1. EXAMINATION OF PROPOSAL MATERIALS
The submission of a proposal shall be deemed a representation and warranty by the proponent that it has investigated all aspects of the RFP, that it is aware of the applicable facts pertaining to the RFP process and its procedures and requirements, and that it has Agenda Item #10.8.
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read and understands the RFP. No request for modification of the provisions of the proposal shall be considered after its submission on the grounds the proponent was not fully informed as to any fact or condition.
2. ADDENDA INTERPRETATIONS
If it becomes necessary to revise any part of this RFP, a written addendum will be provided to each firm that requested to be added to the notification list and said addenda will be uploaded to the City website. The City of St. Helena is not bound by any oral representations, clarifications, or changes made in the RFP by the City or its agents, unless such clarifications or change is provided in written addendum from the City of St. Helena.
3. DESIGNATED CONTACT
For the purposes of this RFP, the City’s designated contact is Dave Jahns, Director of Recreation. Any questions concerning the scope of work and the selection process shall be directed to Mr. Jahns, at [email protected]. Any and all questions and responses concerning this RFP will only be accepted in writing, via email. All questions must be received by February 27, 2024, by 5:00PM.
Responses to questions will be posted on the City’s website, cityofsthelena.org/rfps, and will become part of the RFP. It is the contractor’s responsibility to check the website for updates.
4. PUBLIC RECORDS
This RFP document and all submittals in response thereto are public records. Prospective contractors are cautioned not to include any material into the proposal that is strictly proprietary in nature.
5. PROPOSAL COSTS
All costs associated with the preparation of RFP submittals shall be borne by the respondent. This RFP does not constitute any form of offer to contract.
6. RESERVATION OF RIGHTS
The City reserves the right, for any reason, to accept or reject any one or more proposals; to negotiate the terms and specifications of the proposal; to modify any part of the RFP; or issue a new RFP.
7. PRODUCT OWNERSHIP
Any documents resulting from the contract will be the property of the City.
8. PROFESSIONAL SERVICES AGREEMENT
All Proposers must identify in their proposal any terms and conditions of the sample Professional Service Agreement (Exhibit C) that they wish to negotiate. Insurance is required as outlined in Section 7 of the sample agreement.
9. CAUSES FOR DISQUALIFICATION
Any of the following may be considered cause to disqualify a proponent without further consideration:
- Evidence of collusion among proponents;
- Any attempt to improperly influence any member of the evaluation panel; Agenda Item #10.8.
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- A proponent's default in any operation of a professional services agreement which resulted in termination of that agreement; and/or
- Existence of any lawsuit, unresolved contractual claim, or dispute between proponent and the City.
Agenda Item #10.8.
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EXHIBIT A – SITE MAP WITH LAUNCH ZONE AND VIEWING AREAS Agenda Item #10.8.
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EXHIBIT B – SAMPLE PROFESSIONAL SERVICES AGREEMENT
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on _____________, 2024 by and between the City of St. Helena, located in the County of Napa, State of California (City), and _______________(Consultant).
RECITALS:
A. City desires to employ Consultant to furnish professional services in connection with the project described as ____________________.
B. Consultant has represented that Consultant has the necessary expertise, experience, and qualifications to perform the required duties.
NOW, THEREFORE, in consideration of the mutual premises, covenants, and conditions herein contained, the parties agree as follows:
SECTION 1 – BASIC SERVICES
Consultant agrees to perform the services set forth in Exhibit A, “Scope of Services” and made part of this Agreement.
SECTION 2 – ADDITIONAL SERVICES
Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement that are in addition to or outside of those set forth in this Agreement or Exhibit A, “Scope of Services” (the “Services”), unless such additional Services and compensation are authorized in advance and in writing by the City Council or City Manager of the City.
SECTION 3 – TIME FOR COMPLETION
The time for completion of Services shall be as identified in Exhibit A, “Scope of Services”. The parties expressly agree that time is of the essence in the performance of this Agreement.
SECTION 4 – COMPENSATION AND METHOD OF PAYMENT
B. Subject to any limitations set forth in this Agreement, City agrees to pay consultant the amount specified in Exhibit B, “Compensation” attached hereto and made a part hereof. Total compensation shall not exceed $________ unless additional compensation is approved in accordance with Section 2.
Agenda Item #10.8.
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C. Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories if applicable: labor (by sub-category), travel, materials, equipment, supplies, subconsultant contracts, and miscellaneous expenses. Each original invoice furnished shall include the expenses incurred during the preceding month, the cumulative Agreement amount, and the amount remaining on the Agreement. City shall independently review each invoice submitted to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. If no charges or expenses are disputed, the invoice shall be approved, and City will use its best efforts to cause Consultant to be paid within 30 days of receipt of invoice. If the City disputes any charges or expenses, the City will return the original invoice to Consultant for correction and resubmission. If the City reasonably determines, in its sole judgment, that the invoiced charges and expenses exceed the value of the Services performed to date and that it is probable that the Agreement will not be completed satisfactorily within the contract price, City may retain all or a portion of the invoiced charges and expenses. Within thirty (30) days of satisfactory completion of the project, City shall pay the retained amount, if any, to Consultant.
D. Payment to the Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
SECTION 5 – STANDARD OF PERFORMANCE
A. Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services described herein. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons in the same or similar geographical area engaged in providing Services similar to those required of Consultant under this Agreement.
B. In order to induce City to enter into this Agreement, Consultant represents that it is duly organized, existing and in good standing under applicable state law; Consultant is licensed to perform all aspects of the Services; Consultant will employ only persons and Subconsultants with all required licenses and certifications; that Consultant is duly qualified to conduct business in the State; that Consultant has duly authorized the execution, delivery and performance of this Agreement and the Services to be performed herein; and that the Agreement does not violate or create a default under any instrument, agreement, order or decree binding on Consultant.
SECTION 6 – INSPECTION AND FINAL ACCEPTANCE
City may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant’s work within sixty (60) days after submitted to City, unless the parties mutually agree to extend such deadline. City shall reject work by a timely written explanation, otherwise Consultant’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects and fraud. Acceptance of any of Consultant’s work by City shall not Agenda Item #10.8.
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constitute a waiver of any of the provisions of this Agreement including, but not limited to, the sections pertaining to indemnification and insurance.
SECTION 7 – INSURANCE REQUIRED
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with 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.
Agenda Item #10.8.
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E. Primary Coverage. For any claims related to this contract the Consultants insurance coverage shall be primary insurance as respects to City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of Consultants insurance and shall not contribute with it.
F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions of $25,000 or greater must be declared to and approved by the City.
G. Other Insurance Provisions. The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its agent, officers, officials, employees, and volunteers are to be covered as additional insured as respects: liability arising out of work or operations performed by the Consultant or Consultant’s subconsultants; or automobile owned, leased, hired or borrowed by the Consultant.
2. For any claims related to Consultant’s conduct while performing the work of this project, the Consultant’s insurance coverage shall be primary insurance as respects the City, its agents, officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its agents, officers, officials, employees or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.
4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subsection (b) of Section 2782 of the Civil Code.
H. Waiver of Subrogation. Consultant’s commercial general liability, automobile liability, workers’ compensation, and employer’s liability policies shall be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its agents, officers, officials, employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City.
I. The Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the City.
J. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on forms that conform to City requirements. All certificates and endorsements are to be received and approved by the City before work commences.
The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.
SECTION 8 – INDEMNIFICATION
Agenda Item #10.8.
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To the fullest extent allowed by law (including without limitation California Civil Code Sections 2782 and 2782.8), as may be applicable, Consultant shall indemnify, defend, and hold harmless City, its agents, officers, officials, employees, representatives, and volunteers from any and all claims, demands, suits, loss, damages, injury, and/or liability (including any and all costs and expenses in connection therewith, including legal fees and expert witness costs) (collectively, “Liabilities”), incurred by reason of any negligent or otherwise wrongful act or omission of Consultant, its officers, agents, employees, subconsultants, and subcontractors, or any of them, under or in connection with this Agreement; and Consultant agrees at its own cost, expense and risk to defend any and all claims, actions, suits, or other legal proceedings brought or instituted against City, its agents, officers, officials, employees and volunteers, or any of them, arising out of, pertaining to, or relating to such negligent or otherwise wrongful act or omission, and to pay and satisfy any resulting judgments.
When Consultant under this Agreement is duly licensed under California Business and Professions Code as an architect, landscape architect, professional engineer, or land surveyor (i.e., a “design professional,” pursuant to Civil Code § 2782.8(c)), the provisions of this section regarding Consultant’s duty to defend and indemnify apply only to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant.
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.
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.
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.
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
Agenda Item #10.8.
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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.
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.
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 Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of Services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts with the interests of City in the performance of this Agreement.
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.
Consultant understands and acknowledges City maintains an anti-fraud and anti-corruption policy to protect the City, its operations, and its employees from and against 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 Agenda Item #10.8.
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discover, and will cooperate in any fraud or corruption investigation conducted, with respect to Consultant’s service provided pursuant to this Agreement.
SECTION 11 – OWNERSHIP OF DOCUMENTS
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the course of providing any Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. When requested by City, but no later than three years after project completion, Consultant shall deliver to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.
All copyrights, patents, trade secrets, or other intellectual property rights associated with any ideas, concepts, techniques, inventions, processes, improvements, developments, works of authorship, or other products developed or created by Consultant during the course of providing Services (collectively the “Work Product”) shall belong exclusively to City. The Work Product shall be considered a “work made for hire” within the meaning of Title 17 of the United States Code. Without reservation, limitation, or condition, Consultant hereby assigns, at the time of creation of the Work Products, without any requirement of further consideration, exclusively and perpetually, any and all right, title, and interest Consultant may have in the Work Product throughout the world, including without limitation any copyrights, patents, trade secrets, or other intellectual property rights, all rights of reproduction, all rights to create derivative works, and the right to secure registrations, renewals, reissues, and extensions thereof.
SECTION 12 – CONFIDENTIAL INFORMATION; RELEASE OF
INFORMATION
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.
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.
If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Consultant’s conduct.
Agenda Item #10.8.
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Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant.
However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite such response.
SECTION 13 – SUSPENSION OF WORK
City may, at any time, by ten (10) days written notice suspend further performance by Consultant. All suspensions shall extend the time schedule for performance in a mutually satisfactory manner and Consultant shall be paid for Services performed and reimbursable expenses incurred prior to the suspension date.
SECTION 14 – COMPLIANCE WITH LAW
Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Consultant shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.
SECTION 15 – COMPLIANCE WITH CIVIL RIGHTS
During the performance of this contract, Consultant agrees as follows:
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.
Nondiscrimination Civil Rights Act of l964. Consultant will comply with all federal regulations relative to nondiscrimination to federally-assisted programs.
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 Agenda Item #10.8.
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performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor, supplier, or lessor shall be notified by Consultant of Consultant’s obligations under this Agreement and the regulations relative to nondiscrimination.
SECTION 16 – COMPLIANCE WITH CALIFORNIA LABOR CODE
REQUIREMENTS
A. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), 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
Agenda Item #10.8.
CITY OF ST. HELENA | REQUEST FOR PROPOSALS | FOURTH OF JULY FIREWORKS PAGE 19
A. Records of Consultant’s direct labor costs, payroll costs, and reimbursable expenses pertaining to this project covered by this Agreement will be kept on a generally recognized accounting basis and made available to City if and when required for a period of up to 3 years from the date of Consultant’s final invoice.
B. Consultant shall maintain all documents and records prepared by or furnished to Consultant during the course of performing the Services for at least three (3) years following completion of the Services. Such records include, but are not limited to, correspondence, internal memoranda, technical reports and investigations, calculations, books and accounts, accounting records documenting its work under its Agreement, and invoices, payrolls, records and all other data related to matters covered by this Agreement.
C. Consultant shall permit City to audit, examine and make copies, excerpts and transcripts from such records, and the Consultant shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any matter whatsoever for three (3) years after City makes the final or last payment or within three (3) years after any pending issues between City and Consultant with respect to this Agreement are closed, whichever is later.
SECTION 18 – LIMITATION OF LIABILITY
A. Consultant agrees that any liability of City arising in connection with this Agreement shall be limited exclusively to the City-entity identified as the “City” under this Contract. Under no circumstance shall any other City-entity be liable to Consultant under any theory, whether in contract, tort, or otherwise, and Consultant waives unconditionally any such claims. Consultant hereby waives and release other City-entites from any liability under this Agreement.
B. Notwithstanding any other provision of this Agreement, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement or the Services performed hereunder.
SECTION 19 – COOPERATION BY CITY
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the work as outlined in the Exhibit A, “Scope of Services”, shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement.
SECTION 20 – NOTICES
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by facsimile or first class mail, addressed as follows:
To City: City Manager
1572 Railroad Avenue
St. Helena, California 94574
Agenda Item #10.8.
CITY OF ST. HELENA | REQUEST FOR PROPOSALS | FOURTH OF JULY FIREWORKS PAGE 20
To Consultant: ___________________
___________________
___________________
___________________
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile, or, if mailed, three (3) days after deposit in the custody of the U.S. Postal Service.
SECTION 21 – TERMINATION
City may terminate this Agreement, with or without cause, at any time by giving ten (10) days written notice of termination to Consultant. If such notice is given, Consultant shall cease immediately all work in progress.
If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice.
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
Agenda Item #10.8.
CITY OF ST. HELENA | REQUEST FOR PROPOSALS | FOURTH OF JULY FIREWORKS PAGE 21
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
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 Agenda Item #10.8.
CITY OF ST. HELENA | REQUEST FOR PROPOSALS | FOURTH OF JULY FIREWORKS PAGE 22
subconsultant agreements. Nothing contained in this Agreement, however, shall operate to confer such or similar rights or benefits on persons or entities not party to this Agreement.
SECTION 31 – STATUTES OF LIMITATION
As between the parties to this Agreement, any applicable statute of limitations for action arising out of, pertaining to, or relating to any act or failure to act in connection with this Agreement shall commence to run on the date of City’s issuance of the final Certificate for Payment, or termination of this Agreement, whichever is earlier, except for latent defects and/or deficiencies, for which the applicable statute of limitation shall begin to run upon discovery of the defect and/or deficiency and its cause.
SECTION 32 – SPECIAL PROVISIONS
This Agreement is subject to the following special provisions: none.
IN WITNESS WHEREOF, the parties hereto have accepted, made, and executed this Agreement upon the terms, conditions, and provisions above stated, the day and year first above written.
Consultant: City:
By: ________________________________ By: ________________________ Name: ______________________________ Name: Anil Comelo
Title:________________________________ Title: City Manager
Approved as to Form:
By: _________________________________
Name: Ethan Walsh
Title: City Attorney
Agenda Item #10.8.
CITY OF ST. HELENA | REQUEST FOR PROPOSALS | FOURTH OF JULY FIREWORKS PAGE 23
Agenda Item #10.8.
Agenda Report to the City Council
Agenda Section: PUBLIC HEARINGS
Department: Planning
DATE: April 23, 2024
FROM: Aaron Hecock, Senior Planner
SUBJECT: Approval of introduction and first reading of an Ordinance approving General Plan Amendments (GPAs 2024-001,
002, 003, 004, 005, 006) to update the General Plan’s
Land Use Map (Figure 2.1) and Zoning Map Amendments
(ZMAs 2024-001, 002, 003, 004, 005, 006) referenced in
St. Helena Municipal Code Section 17.01.070, to bring
these maps into conformance with the City’s adopted
2023-2031 Housing Element, and find that the proposed
changes are consistent with the adopted Addendum to the General Plan Environmental Impact Report prepared for
the Housing Element.
RECOMMENDED
ACTION:
Approval of introduction and first reading by title only and waive further reading of the proposed Ordinance to:
1. Find that the proposed changes to General Plan
Figure 2.1 and the City’s Zoning Map are consistent
with adopted Addendum to the General Plan
Environmental Impact Report prepared for the
Housing Element and in compliance with the
California Environmental Quality Act; and
2. Adopt an Ordinance approving General Plan
Amendments (GPAs 2024-001, 002, 003, 004, 005,
006) Updating General Plan Figure 2.1 and Adopt
Zoning Map Amendments (ZMAs 2024-001, 002,
003, 004, 005, 006) to identify zone changes for the
designated Housing Opportunity Sites to be
consistent with the 2023-2031 Housing Element,
and incorporating these changes into the General
Plan and Zoning Maps; and
3. Consider directing staff to analyze the feasibility of other units to replace Site 10 after adoption of the
Ordinance and recertification of the Housing
Element by HCD.
PREVIOUS COUNCIL
ACTION:
The City Council adopted the 6th Cycle 2023-2031
Housing Element on May 9, 2023.
STATEMENT OF THE
PURPOSE:
To introduce an Ordinance bringing the City's General
Plan Land Use Map (Figure 2.1) and Zoning Map into
conformance with the City’s adopted 2023-2031 Housing
Agenda Item #11.1.
Element so that the California Department of Housing and Community Development (HCD) will recertify the City's
Housing Element.
FINANCIAL IMPACT: Without a state certified Housing Element, the City isn't eligible for various state and federal funding opportunities.
There is also the potential for escalating financial penalties of $10,000-$100,000 per month (plus potential for
multiplication of fines based on continued noncompliance).
Additionally, should the City reopen its Housing Element, it could require re-engaging the Housing Element
consultants which would require a contract modifications and additional expenditures.
BACKGROUND:
Recent changes in state housing law have resulted in significant reductions in local land use control by local governments. California's Housing Element law provides that in order for the private market to adequately address housing needs and demand, California's local governments must adopt plans and regulatory systems that provide opportunities for (and do not unduly constrain) housing development.
The purpose of the Housing Element is to identify and analyze existing and projected housing needs in order to preserve, improve, and develop housing for all economic segments of the community. The Housing Element is one of seven required elements of the general plan. However, it has several unique requirements that set it apart from the other six elements. State law (Government Code Section 65580 (et seq.)) specifies in detail the topics that the Housing Element must address and sets a schedule for regular updates. State law requires each local government to update its housing element every eight years. The Housing Element is also the only element reviewed and certified by the State for compliance with State law. The Department of Housing and Community Development (HCD) is the State department responsible for this certification. Penalties for non-compliance include legal challenges, ineligibility for many State and regional grants, and, in extreme cases, loss of land use control.
The City’s 2023-2031 Housing Element was adopted by the City Council on May 9, 2023 and certified by HCD on September 25, 2023. The adopted Housing Element included 12 key housing opportunity sites, of which 7 sites were designated to be rezoned in order for the City to meet its assigned Regional Housing Needs Allocation (RHNA) of 256 units during the course of the 8 year Housing Element cycle (the other key opportunity sites do not require rezoning, as their existing zoning was adequate for the density needed to meet RHNA obligations). Site 4 was designated for a zoning change in the Housing Element, however, it was designated to change (from Service Commercial to Mixed-use) when the General Plan was adopted in 2019 and was subsequently updated when changes were made to the adopted Zoning Map when the Zoning Code was adopted in October 2023; so while it is noted as a change site, it has already been changed and is shown below for reference only. Based on the date HCD certified the Housing Element, HCD required that the City adopt the map changes Agenda Item #11.1.
described above by January 31, 2024. Due to a number of factors, the City was unable to meet this deadline and is now working diligently to complete these updates to be compliant with our Housing Element commitments.
California Department of Housing and Community Development (HCD) Correspondence
On February 5, 2024 the City received a corrective action letter from HCD (Attachment 7) stating that they had reviewed the City's obligations under the Housing Element and found that "the City has failed to implement Program H-A (Available Sites Inventory), including the requirement to rezone several sites to accommodate all of the City’s RHNA. The City provided a written response to HCD in which it identified the multiple rounds of review that were required by HCD, leading to the delay of adoption of the Housing Element and, in turn, the imposition of the stricter one-year rezoning deadline rather than the three years the City would have been entitled to had the Housing Element been certified within 120 days of its January 31, 2023 deadline. In that letter, dated February 26, 2024, the City advised that it had scheduled the requisite General Plan amendments and rezoning actions for its March 5, 2024 Planning Commission meeting, with adoption by City Council anticipated to follow in April. Upon receipt of a number of public comments on the agenda item pertaining to the rezone, the Planning Commission rescheduled the item for its April 2, 2024 meeting. On March 26, 2024, the City received a letter from HCD (Attachment 8) stating that they have revoked their finding that the City's Housing Element is in substantial compliance with state housing law (i.e., they de-certified the Housing Element) as we have not completed the rezonings committed to in Program H-A.
Without a state certified Housing Element, it is more important than ever that the City moves forward expeditiously with the rezoning program it has already committed to as part of the previously certified Housing Element. Not having a state certified Housing Element leaves the City vulnerable to the following:
Suspension of the City’s authority over issuance of building and zoning permits and subdivision approvals
No public noticing or review of new housing development Court-required approval of certain types of housing projects without City or community input
City prohibited from denying certain affordable housing projects even if inconsistent with adopted zoning and General Plan (commonly referred to as the Builder’s Remedy)
Escalating financial penalties of $10,000-$100,000 per month (plus potential for multiplication of fines based on continued noncompliance) Disqualification from various state and federal funding opportunities.
On April 2, 2024, the Planning Commission held a public hearing to consider the requested map changes. The City received 96 public comments which are attached to Agenda Item #11.1.
this staff report (Attachments 18 & 19), most of the comments focused on opposition of the upzoning of Site 10 from MR to HR. Staff has prepared responses to the topics raised as well as addressing public questions raised during oral comments (Attachment 17).
The Planning Commission adopted a resolution by a 4-1 vote recommending that the City Council:
1. Find that the proposed changes to General Plan Figure 2.1 and the City’s Zoning Map are consistent with adopted Addendum to the General Plan Environmental Impact Report prepared for the Housing Element and in compliance with the California Environmental Quality Act; and
2. Adopt an Ordinance approving General Plan Amendments (GPAs 2024-001, 002, 003, 004, 005, 006) Updating General Plan Figure 2.1 and Adopt Zoning Map Amendments (ZMAs 2024-001, 002, 003, 004, 005, 006) to identify zone changes for the designated Housing Opportunity Sites to be consistent with the 2023-2031 Housing Element, and incorporating these changes into the General Plan and Zoning Maps; and
3. Prior to adoption of rezoning ordinance by Council, staff shall explore with HCD the feasibility of replacing Site 10 with other units, or recalculating potentially available units on other sites, as an alternative to high density zoning for Site 10; if such effort is unsuccessful by date of Council adoption of the rezone ordinance, staff shall analyze other units to replace Site 10.
As directed by the Planning Commission, staff reached out to HCD (by phone and email) to discuss the possibility of leaving site 10 as Medium Density Residential (assuming zero low and 35 moderate units) if there was a means to increase and make up the number of High Density Residential units on other opportunity sites without reopening the entire Housing Element document and restarting the Housing Element process. As of the date this agenda was published, staff had not yet received a response from HCD and is therefore proceeding with the GPAs and ZMAs as directed.
Should the Council direct staff to replace Site #10 with other sites post adoption of these amendments and recertification by HCD, this will require opening up the Housing Element to further scrutiny by HCD, additional site analysis (i.e., finding 4.4 acres of vacant lands or developed lands with owner interest in development on the west side which are suitable for residential development each of which must meet Affirmatively Furthering Fair Housing (AFFH) requirements), and beginning public outreach for identified potential new sites (assuming suitable sites can be identified on the west side). See Attachment 12 for a discussion of Site 10 extracted from the Housing Element. This would require significant staff time, reengaging with our Housing Element consultant team and additional funding for amending their contract. Further, there is no assurance that HCD will accept potential modifications to the Housing Element presented to them.
The Catholic Church School site on Oak Avenue has frequently been brought up as a potential replacement site for Site 10, however, in addition to having to open up the Housing Element as described above, there are several issues with this site: 1) it is 2 Agenda Item #11.1.
1/2 acres smaller than Site 10 2) the site is currently developed which would require some indication from the property owner that they have interest in developing housing 3) the Church is currently in the beginning phases of Chapter 11 bankruptcy which staff has been told is a 3 year process; any land use changes to this site could potentially disrupt that process causing further delays and complications for the Church.
DISCUSSION:
The requested action is for the City Council of the City of St. Helena adopt an Ordinance approving General Plan Amendments (GPAs 2024-001, 002, 003, 004, 005, 006) to update the General Plan’s Land Use Map (Figure 2.1) and Zoning Map Amendments (ZMAs 2024-001, 002, 003, 004, 005, 006) referenced in St. Helena Municipal Code Section 17.01.070, to bring these maps into conformance with the City’s adopted and certified 2023-2031 Housing Element, and find that the proposed changes are consistent with the adopted Addendum to the General Plan Environmental Impact Report prepared for the Housing Element.
ZONING MAP AMENDMENTS
The sites requiring rezoning (Attachment 2) as identified in the Housing Element are as follows (a detailed breakdown of these sites can be found in the 2023-2031 Housing Element beginning on page 2-183):
Site 1 (009-211-016):1480 Main Street (the portion containing old city hall but not the fire station, the fire station is zoned PQP) – Central Business (CB) to MixedUse (MU) - ZMA 2024-001 (see Attachment 10). Site 2 (009-193-002):1572 Railroad Avenue – Business, Professional and Office (BPO) to High Density Residential (HR) - ZMA 2024-002.
Site 4 (009-180-008):905 Main Street – Was changed from Service Commercial (SC) to Mixed-Use (MU) with the October 2023 Zoning Code Update, no change required.
Site 5 (009-660-005):Main Street between Mills Lane and Dowdell Lane – Service Commercial (SC) to High Density Residential (HR) - ZMA 2024-003. Site 8 (009-070-043, 044, 045): 882 through 886 College Avenue – Public and Quasi-Public (PQP) to High Density Residential (HR) - ZMA 2024-004. Site 10 (009-441-023):Spring Street between Hudson Avenue and Valley View Street – Medium Density Residential (MR) to High Density Residential (HR) - ZMA 2024-005.
Site 11 (009-600-018): 1637 Spring Street – Medium Density Residential (MR) to High Density Residential (HR) - ZMA 2024-006.
GENERAL PLAN AMENDMENTS
In addition to requiring amendments to the City’s Zoning Map, referenced in section
17.01.070 of the Zoning Code, the following sites also require that General Plan Figure
2.1 be amended (Attachment 3) to be consistent with the adopted Housing Element as Agenda Item #11.1.
California state law (Gov. Code §65300.5) requires horizontal and vertical consistency for General Plans and zoning ordinances:
Site 1 (009-211-016):1480 Main Street (the portion containing old city hall but not the fire station, the fire station is zoned PQP) – Central Business (CB) to MixedUse (MU) - GPA 2024-001 (see Attachment 10). Site 2 (009-193-002):1572 Railroad Avenue – Business, Professional and Office (BPO) to High Density Residential (HR) - GPA 2024-002.
Site 4 (009-180-008):905 Main Street – Was changed from Service Commercial (SC) to Mixed-Use (MU) with the June 2019 General Plan Update, no change required.
Site 5 (009-660-005):Main Street between Mills Lane and Dowdell Lane – Service Commercial (SC) to High Density Residential (HR) GPA 2024-003. Site 8 (009-070-043, 044, 045): 882 through 886 College Avenue – Public and Quasi-Public (PQP) to High Density Residential (HR) - GPA 2024-004. Site 10 (009-441-023):Spring Street between Hudson Avenue and Valley View Street – Medium Density Residential (MR) to High Density Residential (HR) - GPA 2024-005.
Site 11 (009-600-018): 1637 Spring Street – Medium Density Residential (MR) to High Density Residential (HR) - GPA 2024-006.
Staff Response: The changes noted above bring our General Plan and Zoning Map into conformance with our adopted and formerly state certified Housing Element, consistent with state law. Being listed as a housing opportunity site in no way terminates or otherwise affects existing uses on-site. Furthermore, there are currently no legislative or other means to compel a private property owner in this process, meaning the City can’t force or otherwise require that a property owner build housing. Ultimately the purpose of the inventory is to demonstrate to HCD that there are suitable sites to meet the City’s RHNA and that policies and programs are in place to reduce barriers to housing developers producing housing.
History Regarding Opportunity Site #10
Has been designated for residential uses since the 1975 General Plan; Has been zoned Medium Density Residential since the early 1990s; Was a designated Housing Opportunity Site in both the 4th and 5th Cycle Housing Elements (2009 and 2015); and
Because the site has not been developed after being included as an Opportunity Site in the last two Housing Elements, the state required it for future up zoning to High Density Residential (HR) in the current 6th Cycle Housing Element (studied in 2020 and adopted in 2023).
Property owners of site 10 expressed interest in residential development to staff in the early stages of the Housing Element 6th cycle
Housing Element Focus Group meetings showed high interest in upzoning to HR.
No formal action was taken.
Agenda Item #11.1.
It is crucial that the City Council adopt the amendments to the Zoning Map and amendments to Figure 2.1 of the General Plan for the above-described parcels expeditiously, as HCD has de-certified the City's Housing Element which can lead to a host of potential negative outcomes, including but not limited to the availability of the builder’s remedy (Gov. Code § 65589.5(d)(5)) and loss of access to state funding.
The "Builder's Remedy," is a provision of California's Housing Accountability Act that prevents jurisdictions without a substantially compliant housing element from denying certain housing projects, even if such projects do not comply with the jurisdiction's zoning ordinance or general plan or are incompatible with adjacent residential neighborhoods. With the Builder's Remedy, the City loses what discretion it has (i.e. development and design standard requirements that limit heights, require setbacks, etc.) allowing for by right development of multi-family projects on these sites (and other sites) with little City oversight or public review or comment.
For further reading about how the Builder's Remedy is impacting communities, see the following news story: https://calmatters.org/housing/2023/06/california-builders-remedy/ Additional information regarding this process, site selection, and potential penalties for failure to adopt these amendments can be found in the City Attorney Memorandum (Attachment 4), FAQs (Attachment 5) and Memorandum on the Housing Element Process (Attachment 6) attached to this report.
PUBLIC NOTICING
In accordance with SHMC Section 17.04.080, public noticing for the April 2, 2024 Planning Commission meeting consisted of the following:
1. Legal notice in the Napa Valley Register published on March 21, 2024;
2. Notification via certified mail to each property owner with a zoning or General Plan Amendment (Attachment 16);
3. Mailed notices to all property owners and residents within 300 feet surrounding a site with a General Plan Amendment or zoning change; and
4. An email (sent on March 21, 2024) of the Public Hearing Notice to everyone who signed up for updates on the City's dedicated Housing Element webpage (not a code requirement).
Similarly, public noticing for the April 23, 2024 City Council meeting included a legal notice in the Napa Valley Register, individual notice via certified mail to each property owner with a pending zoning or General Plan Amendment, mailed notices to all property owners and residents within 300 feet of a site with a pending zoning or General Plan Amendment, and an email to everyone who signed up for updates on the City's dedicated Housing Element webpage.
Agenda Item #11.1.
Several commenters asked why they weren't notified of the Housing Element adoption hearings that occurred in May 2023. For noticing in which the number of property owners who would be sent a public hearing notice is greater than 1,000 (i.e., General Plan Amendments such as the Housing Element), only a notice in the newspaper is required. No General Plan or zoning designations were changed with adoption of the Housing Element. For General Plan Amendments and rezonings that change the land use designation of specific properties, including applicant initiated amendments, notifying all neighbors within 300 feet of that/those specific properties is required.
ENVIRONMENTAL REVIEW:
California Environmental Quality Act (CEQA)
In considering the potential environmental impacts of the Housing Element update, the City determined that the Final Environmental Impact Report (EIR) certified for the 2040 General Plan update (2040 General Plan update Final EIR, State Clearinghouse Number 2010042001) is of continuing informational value. The EIR estimated new development for residential, commercial, office, industrial, hospital and hotel uses throughout the city and sphere of influence and evaluated the potential environmental impacts associated with an estimated total buildout of 400 new dwelling units. The City also determined that the potential environmental impacts (both direct and indirect) of the Housing Element update (including the RHNA assignment of 256 units) are within the scope of the previously certified Final EIR and that none of the conditions requiring subsequent or supplemental environmental review under California Environmental Quality Act (CEQA) Guidelines Section 15162 exist. Based on the information and analysis provided in the EIR Addendum, the City determined that only minor or technical changes to the previously certified Final EIR were necessary and that that preparation of an Addendum (Attachment 13) pursuant to CEQA Guidelines Section 15164 was appropriate. The proposed updates to the General Plan Land Use Map and Zoning Map are solely intended to bring the General Plan and Zoning Map into conformance with the adopted Housing Element and are consistent with the changes analyzed in the EIR Addendum.
On May 9, 2023, the City Council of the City of St. Helena conducted a duly and properly noticed public hearing and adopted the Addendum to the General Plan EIR.
Any further comments received regarding proposed updates to the General Plan and related Zoning Code maps have been examined and determined to not modify the significant conclusions of the certified EIR. No additional feasible mitigation measures within the City’s authority are necessary to reduce the environmental impacts of the proposed updated maps, because all impacts are either less than significant, will be mitigated to a level of less than significant through compliance with the existing mitigation, or remain significant and unavoidable even with the imposition of all feasible mitigation. Further, based on the substantial evidence set forth in the record, including but not limited to the certified EIR and adopted Addendum, none of the conditions triggering the need for subsequent environmental review have occurred.
Individual project’s environmental impacts will be addressed on a case by case basis as they are submitted (as applicable).
Agenda Item #11.1.
GOAL:
Miscellaneous/Other
DOCUMENTS ATTACHMENTS:
Attachment 1. Council Ordinance Adopting Updated Zoning Map and General Plan Figure 2.1-c1
Attachment 2. Zoning Map - Updated for Housing Element
Attachment 3. General Plan Figure 2.1 - Updated for Housing Element Attachment 4. City Attorney - Memo re Housing Element Implementation and Rezoning Attachment 5. FAQ - General Plan and Zoning Amendments
Attachment 6. Memorandum - HE Process Summary
Attachment 7. HCD Corrective Action Letter - 020524
Attachment 8. HCD Decertification Letter - 032624
Attachment 9. RHNA Methodology Letter 11-24-2020
Attachment 10. RHNA Assignment Letter 7-7-2021
Attachment 11. Preliminary Sites Inventory - February 2022 Attachment 12. Site 10 extracted from HE
Attachment 13. Density Visualization Examples
Attachment 14. Does Affordable Housing Drive Down Property Values? Attachment 15. HE Site 1 - 1480 Main Draft Exhibit of Parcel Split Attachment 16. Opportunity Site Owner Notifications March 2024 Attachment 17. Response to Comments Summary 4-2-24 PC Meeting Attachment 18. Public Comment Received for 04.02.24 PC Meeting_(Combined) Attachment 19. Public Comment Received AFTER 04.02.24 PC Meeting_(Combined) Attachment 20. 2023 - 2031 Housing Element - certified Sept. 25, 2023_(reduced) Attachment 21. Housing and Safety Elements EIR Addendum_Final April 2023 Agenda Item #11.1.
CITY OF ST. HELENA
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ST. HELENA AMENDING ST. HELENA GENERAL PLAN FIGURE 2.1 (GPA 2024-001, 002, 003, 004, 005, 006) AND THE CITY’S ZONING MAP (ZMA 2024-001, 002, 003, 004, 005, 006) REFERENCED IN SECTION 17.01.070 OF THE ST. HELENA MUNICIPAL CODE TO BRING THE MAPS INTO CONFORMANCE WITH THE CITY’S ADOPTED 2023-2031 HOUSING ELEMENT, AND FINDING THAT THESE CHANGES ARE
CONSISTENT WITH THE PREVIOUSLY ADOPTED ADDENDUM TO THE GENERAL
PLAN ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE HOUSING ELEMENT.
WHEREAS, the City of St. Helena (“City”) has duly adopted a zoning ordinance, found at Title 17 of the St. Helena Municipal Code; and WHEREAS, among other things, Title 17 of the St. Helena Municipal Code identifies the zoning designations applicable to parcels within the City and sets forth the standards and processes applicable to the development of parcels within these zones; and
WHEREAS, all cities within the State of California are required by law to adopt a general plan; and
WHEREAS, on May 9, 2023, the City Council of the City of St. Helena adopted the City’s 2023-2031 6th Cycle Housing Element; and
WHEREAS, on September 25, 2023, the City’s 2023-2031 Housing Element (“Housing Element”) was certified by HCD as in compliance with state Housing Element Law; and
WHEREAS, Program H-A of the Housing Element commits the City to rezoning 7 sites to accommodate the City’s Regional Housing Needs Allocation (“RHNA”), in accordance with Government Code sections 65583(c) and 65583.2(c); and WHEREAS, the City’s Zoning Ordinance adopted October 24, 2023 allows multifamily housing projects, including those with 20% affordable units, by right in the Medium and High Density zoning districts.
WHEREAS, the City’s Zoning Ordinance adopted October 24, 2023 accommodates a minimum density of 20 units/acre for all Housing Opportunity Sites planned for lower-income units.
WHEREAS, the Housing Element was subject to review under the California Environmental Quality Act (“CEQA”) (Pub. Res. Code, § 21000 et seq.) and the State Agenda Item #11.1.
2 CEQA Guidelines (Cal. Code Regs, tit. 14 § 15000 et seq.), through the preparation and adoption, in May 2023, of an Addendum to the City’s 2040 General Plan Update Final Environmental Impact Report (State Clearinghouse No. 2010042001); and WHEREAS, California Government Code Section 65860(c) requires cities to amend their zoning ordinances to conform to their respective general plans; and WHEREAS, the Planning Department has prepared this amendment to the City’s Zoning Map, incorporated into the City’s Zoning Code by reference in section
17.01.070, in order to implement the General Plan mandates set forth above; and WHEREAS, the Planning Department has also proposed an update to Figure 2.1 (“Proposed Land Use Diagram”) of the City’s General Plan to bring the General Plan into consistency with the Housing Element and updated Zoning Map; and WHEREAS, on April 2, 2024, the Planning Commission held a duly noticed public hearing to receive public input on and consider the proposed amendments to the City’s General Plan Figure 2.1 and Zoning Map, and all persons wishing to testify were heard; and
WHEREAS, by adoption of Resolution No. PC2024-004, the Planning Commission recommended the City Council (1) approve the amendments to the Zoning Map referenced in St. Helena Municipal Code section 17.01.070; (2) approve the updates to Figure 2.1 of the City’s General Plan; and (3) find both actions consistent with the Addendum to the 2040 General Plan Update Final EIR, adopted on May 9, 2023; and (4) prior to adoption of rezoning ordinance by Council, staff shall explore with HCD the feasibility of replacing Site 10 with other units, or recalculating potentially available units on other sites, as an alternative to high density zoning for Site 10; if such effort is unsuccessful by date of Council adoption of the rezone ordinance, staff shall analyze other units to replace Site 10; and
WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.
NOW THEREFORE, the City Council of the City of St. Helena does ordain as follows:
SECTION 1. The Community Development Director is hereby authorized and directed to make changes to the Zoning Map of the City of St. Helena, as set forth in this Ordinance and as demonstrated in Exhibit ‘A’ attached hereto and incorporated herein.
SECTION 2. The Community Development Director is hereby authorized and directed to make changes to Figure 2.1, “Proposed Land Use Diagram,” of the City’s General Plan, as set forth in this Ordinance and as demonstrated in Exhibit ‘B’ attached hereto and incorporated herein.
Agenda Item #11.1.
3 SECTION 3. By adoption of Resolution No. 2023-44 on May 9, 2023, the City Council, as the decision-making body for purposes of CEQA, has approved and adopted an Addendum to the City’s 2040 General Plan Update Final Environmental Impact Report (State Clearinghouse No. 2010042001), which was completed in compliance with CEQA and the State CEQA Guidelines. The Addendum fully analyzed any environmental impacts of the Zoning Map and General Plan updates contemplated herein. Based on substantial evidence set forth in the record, including but not limited to the certified EIR and adopted Addendum, none of the conditions triggering the need for subsequent environmental review have occurred.
SECTION 4. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remainder of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 5. This Ordinance shall be effective 30 days following its adoption by the City Council.
The foregoing Ordinance was introduced at a regular meeting of the City Council on the 23rd day of April, 2024, and duly adopted at a regular meeting of the City Council on the ___ day of ________________, 2024, by the following vote, to wit:
Mayor Paul Dohring: _____
Vice Mayor Eric Hall: _____
Council Member Anna Chouteau: _____
Council Member Patrick Kenealy: _____
Council Member Billy Summers: _____
APPROVED: ATTEST:
______________________ ________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Exhibits
Agenda Item #11.1.
4 A – Revised Zoning Map
B – Revised General Plan Figure 2.1
Agenda Item #11.1.
*2024 Update for Housing Element Consistency.
Agenda Item #11.1.
Chaix Ln
Fir Hill Dr
Mills Ln
Melrose Ln
Meadowood Ln
York Ln
Fulton Ln
Tokay Ln
Dean York Ln
W heeler Ln
Inglewood Ave
La Fata St
Victoria Ln
Laguna Seca
Davis Ln
Mccorkle Ave
Tainter St
Stanton Dr
Contento Ln
Edwards St
Money Way
Del Rio Ct
Boyson Ln
Mccormick St
Railroad Ave
Pope St
Starr Ave
N Crane Ave
Kearney St
Hollis Ln
Palmer Dr
Stice Ln
Vineyard Ave
Allyn Ave
Valley View Ave
Hillview Pl
Hudson Ave
Mitchell Dr
Allison Ave
Hunt Ave
Elmhurst Ave
Pinot Way
Charter Oak Ave
Chiles Ave
Madrona Ave
Dowdell Ln
Zinfandel Ln
Big Rock Rd
·|}29
College Ave
Deer Park Rd
Sylvaner Ave
White Ln
Spring Mountain Rd
Fawn Park Rd
Spring St
Silverado Trail
Oak Ave
Crane Ave
Lewelling Ln
·|}29
Stockton St
Madrona Ave Spring St
Howell Mountain Rd
Sulphur Springs Ave
Adams St
Pratt Ave
Grayson Ave
Lodi Ln
Silverado Trail
Howell Mountain Rd
White Sulphur Springs Rd
Stockton St
Silverado Trail
Vineland Ave
Paseo Grand Dr
Mountain View Ave
Park St
Hudson Ave
Garden Ave
Con n Valley Rd
Vallejo St
Scott St
Charter Oak Ave
Data Source: City of St. Helena, 2018; Napa County, 2018; Dyett & Bhatia, 2018, updated 2024. 0 1,000 2,000 4,000
Feet
GENERAL PLAN UPDATE
C i t y o f S t . H e l e n a
Figure 2.1
Adopted Land Use Diagram
St. Helena General Plan
Low Density Residential
Medium Density Residential
High Density Residential
Central Business
Service Commercial
Mixed-Use
Office
Industrial
Public and Quasi-Public
Parks and Recreation
Agriculture
Open Space
Woodlands and Watershed
Napa County General Plan
Agricultural Resource
Agriculture, Watershed and Open
Space
Railroad
Water Features
Urban Limit Line
Study Areas
City of St. Helena
Agenda Item #11.1.
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Memorandum
To: City of St. Helena
From: City Attorney’s Office
Date: March 19, 2024
Re: Housing Element Certification and Required Rezoning I. INTRODUCTION
On May 9, 2023, the City of St. Helena adopted its Sixth Cycle Housing Element (“Housing Element”). After the City received feedback from the California Department of Housing and Community Development (“HCD”) and made minor changes in response, the City’s Housing Element was certified on September 25, 2023. “Certification” of the Housing Element means that HCD found it to be in substantial compliance with all legal requirements, reducing the legal risks to the City that are associated with being out of compliance (including, among other things, the ability for developers to propose “Builder’s Remedy” projects wholly inconsistent with zoning and development standards, loss of City access to state funding, and administrative fines and/or lawsuits). However, HCD’s certification relied on the City fulfilling certain ongoing commitments to implement the adopted Housing Element, and failure to fulfill these commitments can result in decertification of the Housing Element.
This memorandum addresses (1) the commitments made by the City to implement the Housing Element, (2) how the City advised HCD that it would fulfill those commitments, and (3) potential ramifications for failing to meet some or all of the City’s commitments.
II. LEGAL BACKGROUND
A. Legal Requirements for Housing Element and Implementation Program In general, state law requires all housing elements to identify and analyze existing and projected housing needs, and establish goals, policies, quantified objectives, financial resources, and time-bound programs for meeting the city’s allocation of anticipated housing demand (referred to as the Regional Housing Needs Allocation, or “RHNA”).1 In particular, the City’s Housing Element is required to include an inventory of sites throughout the City that are suitable and available for residential development, and which have “realistic and demonstrated potential” for being residentially developed during the planning period. 2 Land that is considered suitable for
residential development includes:3
1 Gov. Code §§65580-65583.2. 2 Gov. Code §§65583(a)(3), 65583.2(a). 3 Gov. Code §65583.2(a).
Agenda Item #11.1.
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• Vacant sites within the City already zoned for residential use; • Vacant sites within the City zoned for nonresidential use but which allow for residential development;
• Sites zoned for residential use (including City-owned sites) that are capable of being developed at a higher density; and
• Sites zoned for nonresidential use (including City-owned sites) that can be redeveloped for residential use for which the Housing Element includes a program to rezone the site or permit residential use.
After the City has engaged in this analysis, if it has not identified sufficient sites that meet those parameters and can satisfy the City’s RHNA at all income levels, the City must designate specific sites that will be rezoned to accommodate the remaining need.4 Once these sites are identified and designated, the Housing Element must go on to lay out a specific schedule of actions that it will take during the planning period to implement its objectives, including identifying when rezoning will be completed.5 If rezoning is required to accommodate lower-income portions of the City’s RHNA, such rezoning action must also allow housing development “by right” (without any discretionary approval other than subdivision review), require minimum densities of 16-20 units per acre, and meet other criteria mandated by HCD.6
The deadline by which rezoning of these sites must occur depends on when the Housing Element was adopted. If the Housing Element is adopted within 120 days of the statutory deadline (for St. Helena, that was January 31, 2023), then the City has three years to complete necessary rezoning.7 However, when (as is the case here) the City adopts a compliant Housing Element more than 120 days after the statutory deadline, then the rezoning must be completed no later than one year from the statutory deadline.8 As the City’s Housing Element was not certified by HCD until September 25, 2023, the City was expected to complete its necessary rezoning by no later than January 2024.
As a reminder, pursuant to Implementation Program H-A, the City has committed to rezoning at least 14 acres to the high density residential (HDR) zoning district, in order to accommodate its remaining lower-income RHNA of 156 units, after accounting for existing available sites.9 This designation will allow for exclusively residential uses, and a density range of 20-28 units per acre. In addition, because sites 2, 3, 5, 8, and 10 (identified in Table 58 of the Housing Element) will be rezoned specifically to accommodate lower-income housing, these sites will be required to allow housing development “by right” (without any discretionary permitting other than subdivision approvals) for owner-occupied or rental multifamily projects in which 20% 4 Gov. Code §§ 65583(c)(1)(B), 65583.2.
5 See Gov. Code § 65583(c).
6 Gov. Code § 65583.2(h), (i).
7 Gov. Code § 65583(c)(1)(A); see also Gov. Code § 65588. 8 Id. 9 St. Helena Certified 2023-2031 Housing Element Update (Sept. 25, 2023) p. 1-10, available at https://sthelenahousing.com/images/docs/SHHEU_HE_Certified_2023_09_25_RL-Total.pdf.
Agenda Item #11.1.
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or more of the units are reserved as affordable to lower-income households. 10 With respect to Site
#10 in particular, it has in fact previously been included as an opportunity site in both the Fourth and Fifth Cycle Housing Elements (for which public input was similarly solicited at the time). The inclusion of this site in previous housing cycles means the City is constrained by state law and the site must be rezoned at the “default” densities specified by Housing Element law,11 and allow residential uses by right when at least 20% of the units are affordable to lower-income households.12
Although the City has a legal obligation to rezone the sites it has identified in its certified Housing Element, this does not impose a requirement on any property owner to actually develop the property, sell the property to an affordable housing developer, or in any way change the existing land use. It only ensures that if the property is developed, it is developed consistently with the City’s plan to meet its RHNA requirements.
In addition, the current proposed action before the Planning Commission and the City Council—to adopt updates to the General Plan and Zoning Code to reflect changes in zoning for implementation of the Housing Element—does not permit or presuppose any specific development project for the sites that will be rezoned. The rezone action will only change the scope of the land uses that are authorized on the site; it will not preapprove any particular development on any of the rezoned parcels. Any subsequent project proposals, assuming they are consistent with the rezone to high density residential, will be processed by the City in accordance with its standard development application procedures, entirely separately from the rezone. Approval of the rezone will therefore not provide any kind of “regulatory shortcut” for potential future developments— all such potential developments will still be required to obtain separate City approval. In fact, failing to approve the proposed rezone, bringing the City out of compliance with its certified Housing Element, is what could enable potential developers to circumvent City zoning and permitting approval, pursuant to the “Builder’s Remedy” provided in state law for cities who are out of compliance with Housing Element laws. (See section C., Penalties Associated with Housing Element Noncompliance, for more discussion.)
B. City’s Past Commitments and Next Steps
Before adoption of the final Housing Element, the City engaged in a robust public review and comment process—at both the Planning Commission and City Council level—to ensure all residents were aware of the pending City action and had an opportunity to provide feedback. This effort included branding, a project website, business cards, newsletters and e-blasts, announcements on the City’s website and social media pages, multiple workshops, a Housing 10 Gov. Code §§ 65583.2(c), (h), (i). 11 In this case, default density is at least 20 dwelling units per acre. See Gov. Code § 65583.2(c)(3)(B)(iii) and HCD Memorandum “Default Density Standard Option – 2020 Census Update” (March 21, 2022) available at https://www.hcd.ca.gov/community-development/housing-element/housing-elementmemos/docs/defaultdensity2020censusupdate.pdf. 12 Gov. Code § 65583.2(c) Agenda Item #11.1.
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Element Focus Group, and Planning Commission and City Council study sessions and hearings.
Specifically, the discussion of sites to be included for rezoning as part of the updated Housing Element occurred during at least two Citywide public workshops (on January 20, 2022 and March 16, 2022) and three joint meetings of the City Council and Planning Commission (March 23, 2021, February 22, 2022, and July 21, 2022). There was also a dedicated City webpage for the Housing Element update process, and multiple local newspaper articles published on the topic in 2022 and 2023.
In July 2022, letters were sent to all property owners whose sites were being considered for inclusion as an “opportunity site” in the Housing Element.13 This letter notified each owner of the City’s intent to include their parcel in the City’s inventory for rezoning, reminded owners that this did not impose any kind of mandate to build housing, and gave owners information about how to engage with the City to have their concerns heard. This letter was sent in addition to all legally required noticing obligations for the public workshops, study sessions, and hearings the City also held.
At this time, it is not feasible or legally advisable to “reopen” the Housing Element process to reconsider sites that were selected for rezoning. The City undertook a thorough, well-publicized, two-year long process to reach this point, and, as further discussed below, risks losing its “certified” status with HCD if rezoning is not completed promptly. Members of the public were afforded many opportunities to attend City meetings and advise the City of any concerns with the inclusion of certain sites on the rezone list (and residents were always welcome to reach out to planning staff outside of the formal process for one-on-one meetings). At this stage, revisiting the sites that were approved by HCD for rezoning would not be viewed by HCD as an administrative “adjustment” to the Housing Element, but would instead constitute a major change that could subject the City to a wide range of outcomes, including a high likelihood of HCD’s immediate rescission of the certification of the Housing Element.
C. Penalties Associated with Housing Element Noncompliance In February 2024, the City received a letter from HCD identifying the City’s failure to implement Program H-A (Available Sites Inventory), including the requirement to rezone at least 14 acres to accommodate all of the City’s RHNA. The City provided a written response to HCD in which it identified the multiple rounds of review that were required by HCD, leading to the delay of adoption of the Housing Element and, in turn, the imposition of the stricter one-year rezoning deadline rather than the three years the City would have been entitled to had the Housing Element been certified within 120 days of its January 31, 2023 deadline.14 In that letter, dated 13 These letters were sent to the property owners of record for all sites identified in the City’s inventory of land potentially suitable for rezoning; it is unclear why the owners of Site #10 have indicated they did not receive any correspondence, as they were included as part of the mailing list. 14 Regardless of timing, the City committed to the specified opportunity sites in the adopted Housing Element, so while the City would have had a longer time to implement the rezoning, it would not have changed the City’s commitment to the rezone sites identified in Table 58 of the Housing Element.
Agenda Item #11.1.
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February 26, 2024, the City advised that it had scheduled the requisite General Plan amendments and rezoning actions for its March 5, 2024 Planning Commission meeting, with adoption by City Council anticipated to follow in April. Upon receipt of a number of public comments on the agenda item pertaining to the rezone, the Planning Commission rescheduled the item for its April meeting.
As HCD has noted, because the City is now past the January 2024 rezoning deadline, it is crucial that the rezoning actions identified in the Housing Element occur as soon as possible, so that the City may retain its certification status. Although the proposed action approving the rezones was tabled at the March 5, 2024 Planning Commission meeting, further delaying the process, it is more important than ever that the City moves forward expeditiously with the rezoning program it has already committed to as part of obtaining certification of the Housing Element. Failure to complete the required rezoning in the near future will put the City at risk of HCD rescinding its certification, which can lead to such cascading effects as:
• Suspension of the City’s authority over issuance of building and zoning permits and subdivision approvals15
• Court-required approval of certain types of housing projects without City input16 • City prohibited from denying certain affordable housing projects even if inconsistent with adopted zoning and General Plan (commonly referred to as the Builder’s Remedy)17 • Escalating financial penalties of $10,000-$100,000 per month (plus potential for multiplication of fines based on continued noncompliance)18 • Disqualification from various state and federal funding opportunities.
III. CONCLUSION
Because the City has received certification of its Housing Element, and is required by state law to complete a program of rezoning (as established by Implementation Program H-A) for the sites identified in the Housing Element, continued delays on this action could result in a number of adverse outcomes for the City, including, among other things, decertification and developer access to the Builder’s Remedy. All property owners were given adequate notice of their rights to attend various City meetings throughout 2022 and 2023 at which the potential sites identified for rezoning were discussed; the current proposed rezoning action is simply intended to carry out the implementation program the City has already committed to. 15 Gov. Code § 65755(a)(1)-(3). 16 Gov. Code § 65755(a)(4)-(6). 17 Gov. Code § 65589.5(d). 18 Gov. Code § 65585(l)(1).
Agenda Item #11.1.
Frequently Asked Questions (FAQ) and Information Related to General Plan and Zoning Map Amendments for Housing Element Compliance • What is the Housing Element?
→ The Housing Element is an element of the General Plan. The process is administered by the California Department of Housing and Community Development (HCD). The purpose of the Housing Element is to identify existing and projected housing needs in order to preserve, improve, and develop housing for all economic segments of the community. Every eight years, every City in the State is assigned a housing target or Regional Housing Needs Allocation (RHNA). The Housing Element demonstrates to the state how the City plans to zone residential land to accommodate its portion of the RHNA (St. Helena’s share is 256 housing units from 2023- 2031).
• Why did the City continue the General Plan and Zoning Map Amendments (Item 5.3) from the Planning Commission Meeting on March 5th?
→ It was brought to the City’s attention that property owners within 300 feet of the sites proposed for land use changes did not receive notice of the proposed action by the Planning Commission. In order for this to occur, it was necessary to postpone the action by the Planning Commission to April 2, 2024, so the City could fulfill all the public noticing requirements of SHMC 17.04.080.
• Does being listed as a Housing Element Housing Opportunity Site mandate that housing units be built? → No. Current or future property owners of opportunity sites are in no way obligated or required to build any housing units. The sites inventory is simply how the City demonstrates to the state that we have adequate sites with the right kind of zoning to accommodate our regional housing allocation. Property owners of opportunity sites maintain complete control over whether or not their site develops in the future irrespective of zoning changes. The City may meet its RHNA through the development of other sites that are not noted as opportunity sites.
• Is a 3-story multi-family housing project currently in process or pending approval by the City on the Spring Street parcel (Housing Element Opportunity Site #10)? → No. There are no applications nor projects in process or pending approval for the site on Spring Street. Any potential project proposed in the future would be required to meet City design and development standards including parking, landscaping, setbacks, etc. noted in the zoning code which will ultimately determine the number of units that can be accommodated onsite.
• What happens if these map amendments/zoning changes are not approved by the City Council? → The state can take corrective action if the City is not in compliance with its Housing Element obligations. Such corrective actions might include de-certifying the Housing Element or notifying the Attorney General of the alleged violation. De-certification can lead to a host of potential outcomes that can negatively impact both the City and residents, including but not limited to the availability of the builder’s remedy and loss of access to state funding. Government Code section 65589.5 (d) (5), known as the "Builder's Remedy," is a provision of California's Housing Accountability Act that prevents jurisdictions without a substantially compliant housing element from denying certain housing projects, even if such projects do not comply with the jurisdiction's zoning ordinance or general plan. Should this occur, the City may lose what discretion it has (i.e. development and design standard requirements that limit heights, require setbacks, etc.) allowing for by right development of multi-family projects on these sites (and other sites) with little City oversight. • How are Housing Element Opportunity Sites Selected?
→ The state of California has strict requirements for what can and can’t be included as a housing opportunity site and the City is required to meet Affirmatively Furthering Fair Housing (AFFH) mandates aimed at overcoming patterns of segregation and fostering inclusive communities free from barriers that restrict access to opportunity.
The state requires plans for increased housing capacity in low density, high resource areas. A “high resource area” is an area with a greater concentration of place-based opportunities such as transit, jobs, high performing Agenda Item #11.1.
schools, access to amenities, etc. Vacant and underutilized sites already designated for housing are given priority.
Sites are evaluated for environmental concerns, utility and infrastructure access, feasibility of redevelopment during the next planning period and realistic capacity. Sites identified for lower income housing must meet certain density and site requirements, including a minimum density of 20 units per acre, parcel size between 0.5 and 10 acres, and access to high performing schools, jobs, amenities, health care facilities, and grocery stores. Parcels utilized as vineyards outside the Urban Limit Line (ULL) and zoned for agricultural purposes are not prioritized over sites within the ULL and zoned for residential purposes. Additionally, several policies in the City’s adopted and state certified Housing Element require that the City promote and incentivize housing in the western portion of the City to comply with AFFH including Policies H-A, H-N, H-V and H-00. • Why was the Spring Street parcel (Site 10) selected?
→ This parcel was included as a Housing Opportunity Site in the City’s previous two Housing Elements (4th and 5th Cycles). This means that per state law, this site is already subject to by right approval for housing projects with at least 20% affordable units; the City can only require development and design standards in the zoning code. Per the discussion above, this site is considered vacant and underutilized, it is within the Urban Limit Line and already zoned for residential uses, it is the appropriate size, it has access to infrastructure (water, sewer and storm), and has access to high performing schools, jobs, amenities, health care facilities, and grocery stores.
Furthermore, the site is on the west side of town where HCD is requiring low income units be located. Although currently a vineyard, Site 10 has been designated for residential uses in the City’s General Plan since 1975 and was identified as “vacant or underutilized lands suitable for development” in the City’s 1993 General Plan. The site has been zoned medium density residential since at least 1994. • What is the difference between Medium Density Residential and High Density Residential zoning? → Medium Density Residential (MR) allows for densities between 5.1 to 16 units/acre and for two-story buildings up to 30 feet in height. High Density Residential (HR) allows for densities between 16.1 to 28 units/acre and for three-story buildings up to 42 feet in height. A proposed MR project at the maximum density is nearly identical to a proposed HR project at the minimum density in terms of unit count. State density bonus law also permits affordable housing developers to ask for concessions, incentives and the waiver of City required development standards for housing projects that meet certain affordability requirements. This means a proposed project in the MR district with a certain number of affordable units can, per state law, ask for and receive a waiver of development standards, including height. This result is that a project in the MR district could end up the same height as one in the HR district.
It is important that the City’s Housing Element remains certified by the state so the City can maintain land use controls, such as requiring development and objective design standards to ensure proposed development is compatible with the surrounding area as much as possible. The newly adopted zoning code includes robust design standards specific to multi-family housing for the purposes of ensuring the buildings meet design criteria to mitigate concerns such as massing or continuous rooflines (17.16.040 C). Should the state decertify the City’s Housing Element, we will be subject to the Builder’s Remedy and will have little control over what types of housing is constructed.
• Why does the City assert that there was public outreach during the Housing Element process and public engagement, particularly as it relates to Site 10 on Spring Street? → The City prepared a summary of the public engagement process for the Housing Element which is posted to the March 5th agenda page. The City did receive public comment on the proposed rezoning from MR to HR on Site 10 during the Housing Element adoption process and those public comments are included in the Appendix to the Housing Element. The commentors who submitted comments on that topic specifically were Laura Keir, Mary Wilson and Rick Crebs, therefore this information was part of the public record prior to the City Council approving the resolution for adoption of the Housing Element on May 9, 2023. • Who can I contact for more information?
→ Senior Planner Aaron Hecock: [email protected] Agenda Item #11.1.
1 MEMORANDUM
DATE: March 4, 2024
TO: Planning Commission
FROM: Aaron Hecock, Senior Planner
RE: Housing Element Public Participation Process Summary As the 2023-2031 6th Cycle Housing Element process began over 3 years ago, staff prepared this memorandum to summarize some important information and dates for those who may not have followed the process along the way.
Kickoff / Purpose
In February 2021, the City of St. Helena kicked off the update to the City’s Housing Element for the 2023-2031 planning period. The purpose of the Housing Element is to identify and analyze existing and projected housing needs in order to preserve, improve, and develop housing for all economic segments of the community.
Focus Group
As part of the Housing Element Update, the City formed a Focus Group to assist in the development and review of the document. The Focus Group served as a technical working group that assisted in generating ideas and commenting on direction. Recommendations from the Focus Group were used to revise drafts of the Housing Element and provide recommendations to the Planning Commission and City Council. The members of the Focus Group were as follows:
• City Councilmember Paul Dohring (now Mayor)
• Planning Commissioner Autumn Anderson
• Planning Commissioner Rosaura Segura (former Planning Commissioner) • Jennifer La Liberte (Our Town St. Helena)
• Mary Koberstein (former Councilmember)
Public Engagement
In response to the need for public participation, City planning staff worked with its consultants to develop a robust community engagement program tailored to ensure the community and other stakeholders were engaged in the process and are given ample opportunities to provide input. The engagement program included branding, a project website, business cards, newsletters and eblasts, announcements on the City website and social medial, multiple workshops, a Housing Element Focus Group (described above), and Planning Commission and City Council study sessions and hearings. The workshop and study sessions are summarized below:
Agenda Item #11.1.
2 The City held three public workshops on the Housing Element. • Workshop #1, held September 16, 2021, provided an introduction to Housing Elements and the Reginal Housing Needs Allocation (RHNA).
• Workshop #2, held January 20, 2022, included a discussion of the sites inventory process and a walkthrough of potential housing sites.
• Workshop #3, held March 16, 2022, focused on Affirmatively Furthering Fair Housing (AFFH) in St. Helena. The workshop included a discussion of state requirements, initial findings from the draft AFFH analysis, and potential meaningful actions to overcome fair housing issues in the community.
The City held three joint Planning Commission and City Council public study sessions. • Session #1, held on March 23, 2021, provided information on housing element requirements, legislative guidelines, project schedule and public outreach. • Session #2, held on February 22, 2022, discussed the RHNA and the draft sites inventory.
• Session #3, held on July 21, 2022, was to receive public comment on the public review draft Housing Element Update and for the Planning Commission and City Council to provide direction on revisions and additions.
In addition to having a dedicated Housing Element Update website (www.sthelenahousing.com), there were several newspaper articles written on the Housing Element Update process (see below) and the City provided regular updates through social media posts and eblasts. More than 30 people signed up to receive housing element update emails. Staff attempted to make the process extremely transparent and open for public participation. The St. Helena Star published periodic articles about the Housing Element update process which can be viewed at the links below (this list is not intended to be exhaustive):
January 12, 2022 – Housing Sites Community Workshop:
https://napavalleyregister.com/news/community/star/news/city-of-st-helena-hosts-communityworkshop-on-housing/article_1969d331-188b-59ec-962d-bbc21bf3d88d.html January 25, 2022 – Housing Sites:
https://napavalleyregister.com/news/community/star/news/st-helena-mulls-potential-housingsites/article_066395c4-66cd-5dcf-80f9-18b2cbdcd1d4.html February 15, 2022 – Housing Opportunity Sites Joint PC/CC Meeting:
https://napavalleyregister.com/news/community/star/news/st-helena-to-discuss-housingopportunity-sites/article_a3f7cc3d-6348-517a-9a86-78910914b04b.html March 8, 2022 – AFFH Community Workshop:
https://napavalleyregister.com/news/community/star/news/st-helena-hosts-housing-workshopmarch-16/article_875ff706-0785-5258-9fbd-9e71cb7a259a.html July 5, 2022 – Draft Housing Element Released for Public Review:
https://napavalleyregister.com/news/community/star/news/st-helena-releases-draft-housingelement-for-public-review/article_f2e29c56-fc97-11ec-882d-331c870311f3.html Agenda Item #11.1.
3 July 19, 2022 – Joint PC/CC Meeting on Draft Document:
https://napavalleyregister.com/news/community/star/news/st-helena-to-hear-input-on-housingplan/article_0ad2b244-0781-11ed-b1a0-63a6d91f1859.html May 13, 2023 – Housing Element Adoption:
https://napavalleyregister.com/news/local/st-helena-adopts-long-range-housingplan/article_cdba794e-ef85-11ed-a41b-5f658bfe695d.html September 26, 2023 – State Approved Housing Element:
https://napavalleyregister.com/news/community/star/housing-st-helena/article_74be9f28-5bd2- 11ee-98c0-87121f8f88f5.html
Opportunity Sites Selection
Vacant and underutilized sites throughout the city were considered as potential for housing development. Site selection for the residential site inventory started with City owned sites where residential development is in line with short-term City goals, then vacant and nonvacant sites zoned for residential use, and lastly sites that could be rezoned to accommodate residential development or residential development at a higher density. Several constraints were considered for each site, including environmental concerns, utility or infrastructure access, feasibility of redevelopment during the next planning period, and realistic capacity assumptions. Sites identified for lower income housing must meet certain density and site requirements, including a minimum density of 20 units per acre, parcel size between 0.5 and 10 acres, and access to high performing schools, jobs, amenities, health care facilities, and grocery stores.
In July 2022, letters were sent to all property owners of sites being considered as a housing opportunity site notifying them that their property had been identified, that they are under no mandate or obligation to build housing, and that the City would like to discuss the matter with them including any site constraints, long-term plans for the property, etc. so that we could better understand their position on a potential land use change. The template used for this letter is attached to this Memorandum for review. While this letter did not identify a specific zoning change, the housing opportunity sites were discussed in detail beginning on page 2-149 and shown on Figure 48 in the Public Review Draft Housing Element released to the public on June 29, 2022. The proposed General Plan and zoning changes for each site were identified on Tables 38 to 49 of the draft Housing Element. The draft document and all subsequent versions were available for review on the City’s website, on the dedicated Housing Element website, and at City Hall throughout the process.
Public Hearings for Adoption
In addition to the public workshops and joint Planning Commission/City Council meetings described above, the following noticed public hearings were conducted in order to consider and adopt the City’s 2023-2031 6th Cycle Housing Element and legal ads were published in the Napa Valley Register in accordance with public hearing procedures:
• May 2, 2023: Planning Commission recommendation that the City Council adopt the draft Housing Element.
Agenda Item #11.1.