BB&K (2022) 10 AGREEMENT FOR GENERAL SERVICES
3.7 General Provisions.
3.7.1 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred and fees charged under this Agreement.
All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.7.2 Independent Contractors and Subcontracting.
(a) Use of Contractors. Contractor is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Contractor is in compliance with the California Labor Code, Contractor shall only utilize its employees to provide the Services. Contractor may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.7.2 below. Contractor represents and warrants that all personnel who perform the Services on Contractor’s behalf are Contractor’s employees, and that Contractor complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.
(b) Prior Approval Required. Contractor shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Contractor to use a Subcontractor, Contractor shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.
3.7.3 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Agenda Item #10.10.
BB&K (2022) 11 AGREEMENT FOR GENERAL SERVICES
Contractor:
Mel Services Inc, dba Workers.com
1070 Concord Ave,
Suite 112
Concord, CA 94520
City:
City of St. Helena
1088 College Ave.
St. Helena, CA 94574
Attn: Clayton Church, Public Works
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.7.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.7.5 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be supplemented, amended or modified by a writing signed by both Parties.
3.7.6 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Napa County.
3.7.7 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.7.8 City's Right to Employ Other Contractors. City reserves the right to employ other Contractors in connection with this Project.
3.7.9 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.7.10 Assignment or Transfer. shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.
3.7.11 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and Agenda Item #10.10.
BB&K (2022) 12 AGREEMENT FOR GENERAL SERVICES
subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.7.12 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.7.13 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.7.14 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.7.15 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.7.16 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.7.17 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of any minority business enterprise program, affirmative action plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.7.18 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.7.19 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
Agenda Item #10.10.
BB&K (2022) 13 AGREEMENT FOR GENERAL SERVICES
3.7.20 Employment Adverse to City. Contractor shall notify City, and shall obtain City’s written consent, prior to accepting work to assist with or participate in a third-party lawsuit or other legal or administrative proceeding against City during the term of this Agreement.
3.7.21 Conflict of Employment. Employment by Contractor of personnel currently on the payroll of City shall not be permitted in the performance of this Agreement, even though such employment may occur outside of the employee’s regular working hours or on weekends, holidays or vacation time. Further, the employment by Contractor of personnel who have been on City’s payroll within one year prior to the date of execution of this Agreement, where this employment is caused by and or dependent upon Contractor securing this or related Agreements with City, is prohibited.
3.7.22 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification and confidentiality obligations, and the obligations related to receipt of subpoenas or court orders, shall survive any such expiration or termination.
Agenda Item #10.10.
SIGNATURE PAGE FOR AGREEMENT FOR GENERAL SERVICES
BETWEEN THE CITY OF ST. HELENA AND _MELSER�SJNc__osA WORKERS.COM IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.
CITY OF ST. HELENA
Approved By:
April Mitts, Acting City Manager for
Anil Comelo, City Manager
Approved as to Form:
Best Best & Krieger LLP
City Attorney
Attested By:
City Clerk
BB&K(2022)
MEL SERVICES INC OBA WORKERS.COM
Its:
Printed Name:
By: ---------------
I
ts: _____________ _
Printed Name: __________ _
14 AGREEMENT FOR GENERAL SERVICES
Agenda Item #10.10.
BB&K (2022) 15 EXHIBIT A SCOPE OF SERVICES
EXHIBIT “A”
SCOPE OF SERVICES
-Daily maintenance and cleanliness of City Parks including restrooms and Main Street. Entails garbage and litter removal, restroom disinfecting and cleaning and general cleanup of park grounds. Reporting any inconsistencies with Superintendents. -Landscaping of City owned and operated facilities, to include manual weed and vegetation abatement, with use of hand tools, weed trimmers.
City maintains approx. 46 acres which include parks, open spaces, City owned building landscapes, and Main St.
Agenda Item #10.10.
BB&K (2022) 16 EXHIBIT B SCHEDULE OF SERVICES
EXHIBIT “B”
SCHEDULE OF SERVICES
Contractor’s employees will report to 1405 Charter Oak Ave, St Helena CA, 94574. Contractor shall provide the number of workers requested by City on a daily basis Works commences at 7:00 am and concludes at 3:30 PM
Lunch will be at 11:30 AM
Work week consists of Monday through Friday (staff will observe any City of St. Helena holidays.) Agenda Item #10.10.
BB&K (2022) 17 EXHIBIT C COMPENSATION
EXHIBIT “C”
COMPENSATION
Contractor shall be compensated for each worker engaged in work pursuant to this Agreement at a rate of $___42.18____ per hour. From date contract execution will not exceed 6 months or 180 days.
Agenda Item #10.10.
AMENDMENT NO. 1
TO CITY OF ST. HELENA AGREEMENT FOR GENERAL SERVICES
This first Amendment to City of St. Helena Agreement for General Services dated August 2, 2023 ("Agreement") is made as of this 23rd day of July 2023 by and between the City of St. Helena, a municipal corporation ("City"), and Mel Services, Inc. dba Workers.com ("Contractor").
RECITALS
A. On August 2, 2023, the City and Contractor entered into the Agreement for Contractor to provide certain general maintenance and landscaping services for City owned properties B. City and Contractor desire to extend the Agreement so that Contractor may continue to provide such services to the City, and increase the not to exceed amount of the Agreement to $25,200 for a total amount not-to-exceed $50,000.
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. The first sentence of Section 3.1.2, Term, is amended to read as follows:
“The term of this Agreement shall be from August 2, 2023 to October 31 2024 unless earlier terminated as provided herein.”
2. The second sentence of Section 3.2.1, Compensation, is amended to read as follows:
“The total compensation shall not exceed Fifty Thousand Dollars ($50,000), without written approval of the City Council.”
3. Except as specifically set forth herein, all terms of the Agreement shall remain in full force and effect.
Entered as of the day and year first above stated.
Agenda Item #10.10.
CONTRACTOR:
Signatures of Authorized Persons:
By:
Print Name:
Title:
CITY OF ST. HELENA
a Municipal Corporation
By:
Print Name: Anil Comelo
Title: City Manager
APPROVED AS TO FORM:
Ethan Walsh, City Attorney
Agenda Item #10.10.
Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Finance
DATE: July 23, 2024
FROM: Mandy Kellogg, Administrative Services Director
SUBJECT: Proposed approval of a resolution authorizing Amendment #6 to the Professional Services Agreement with Willdan
Financial Services in the amount of $10,560, for a total amount not-to-exceed of $142,295 to a complete a
feasibility analysis related to the Affordable Housing and Commercial Linkage Fees.
RECOMMENDED
ACTION:
Staff recommends approval of the attached resolution.
PREVIOUS COUNCIL
ACTION:
November 24, 2015 - Approval of Professional Services
Agreement with Willdan Financial Services.
November 14, 2017 - Approval of Amendment #1 for
Water and Wastewater Impact Fees.
October 9, 2018 - Approval of Amendment #2 to Update
Cost Allocation Plan.
August 24, 2021 - Approval of Amendment #3 to add
Commercial Linkage Fee Analysis.
July 25, 2023 - Approval of Amendment #4 for additional funding to complete the User Fee Study.
August 8, 2023 - Approval of Amendment #5 for additional funding to complete the Development Impact Fee Study.
STATEMENT OF THE
PURPOSE:
The purpose is to provide amend the Professional
Services Agreement to provide a feasibility analysis for the proposed Affordable Housing and Commercial Linkage
Fees.
FINANCIAL IMPACT: The total Financial Impact to amend the Professional Services Agreement is $10,560, which will be funded with Affordable Housing Funds, Fund 751 and will require a
budget adjustment in the amount of $10,560 to GL
Account 751-43-00-21-45.
BACKGROUND:
Cities must regularly update Development Impact fees and User Fees in order to recover costs that are attributable to certain services and for which benefits accrue to specific limited number of individuals or businesses. At the current time, the City has been experiencing a gap in the revenue collected, relative to expenditures and expectations for services. There are several underfunded city operational functions, and the infrastructure, parks, roads, and other facilities are visibly displaying the impact of Agenda Item #10.11.
underinvestment. As a result, the City is exploring several stable revenue generating alternatives including a real estate transfer tax ballot measure in November 2024. It is also important that the City update its fees to allow for more accurate recovery of its costs.
Development impact fees are charged to new development and support upgrades to the City’s infrastructure necessitated by such development and are generally paid as a requirement to obtain a building permit. The last development impact fee study was completed in April 2013 and an updated development impact fee schedule was adopted by the City Council on November 12, 2013 through Ordinance 2013-2.
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 proposal which were reviewed by City staff and an outside consultant. In November 2015, the City selected Willdan Financial Services to conduct a Full Cost Services and Development Impact Fee Study and entered into a professional services agreement on November 24, 2015 by Resolution 2015-146.
During the FY 2020-21 budget development, City Council requested funding for an inclusionary and workforce housing study be included in the FY 2020-21 adopted City budget. On February 23, 2021, the City entered into a Professional Services Agreement (PSA) with Lisa Wise Consulting, Inc. to complete the Inclusionary Housing Study however after staff review of the initial report and concerns with the data source, that work on that project was terminated.
As part of the Inclusionary Housing Study and during the final analysis of the Affordable Housing Impact fees, it was determined that it would be necessary to include a commercial linkage fee analysis. Willdan Financial Services was available to conduct this analysis to prepare recommendations for the amounts and classifications for a housing linkage fee for St. Helena. This fee links the jobs created by commercial development to the needs for the production of affordable housing. The study determines the per-unit affordability gap by number of households in each job type, by income level to determine linkage fee on a per square foot basis by category of nonresidential development.
Willdan Financial Services completed the draft Affordable Housing and Commercial Linkage Fee Study in December 2024, which was presented to City Council on June 25, 2024. The presentation to City Council included staff recommendations that proposed adopting 10% of the maximum justified fee to ensure that the new fee does not result in the financial infeasibility of new development.
DISCUSSION:
After careful consideration and review of the information provided by Willdan at the June 25th Council meeting, City Council requested that Willdan prepare a development Agenda Item #10.11.
feasibility analysis to provide additional information to assist with developing new fee recommendations.
The feasibility analysis will include the following:
1. Preparation of a memorandum evaluating the development feasibility of each land use type included in the affordable housing impact fee and commercial linkage fee study.
2. Evaluation of development feasibility using a pro forma analysis approach that will identify the maximum supportable affordable housing related fees for a prototype associated with each land use included in the study.
In order to complete the feasibility analysis, staff is recommending an amendment to the existing contract in the amount of $10,560, for a total not-to-exceed contract amount of $142,295.
The results of the feasibility analysis are scheduled to be presented at the August 13, 2024 Regular City Council meeting.
ENVIRONMENTAL REVIEW:
None.
GOAL:
Goal 1: Strengthen Financial Sustainability
DOCUMENTS ATTACHMENTS:
Resolution - Amendment No. 6 Willdan PSA
Willdan PSA Amendment #6
Agenda Item #10.11.
CITY OF ST. HELENA
RESOLUTION NO. 2024-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ST. HELENA AUTHORIZING AMENDMENT #6 TO A
PROFESSIONAL SERVICES AGREEMENT WITH
WILLDAN FINANCIAL SERVICES FOR THE AMOUNT OF
$10,560, WITH A TOTAL CONTRACT NOT-TO-EXCEED
$142,295, TO COMPLETE A FEASIBILITY ANALYSIS
RELATED TO THE AFFORDABLE HOUSING AND
COMMERCIAL LINKAGE FEES.
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 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 $6,045 for a total not-toexceed amount of $108,435 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- 92 to this agreement to increase the contract by $13,000 for a total not-to-exceed amount of $121,345 for the updated data analysis required to prepare up-to-date recommendations for the city’s user fees; and
F. In August 2023, the City Council approved Amendment No. 5 via resolution No. 2023-101 to capture rising cost data and prepare up-to-date recommendations for the city’s development impact fees; and
Agenda Item #10.11.
G. On June 25, 2024 Willdan Financial Services presented the Affordable Housing and Commercial Linkage Fee Study to City Council, which included proposal of adopting 10% of the maximum justified fee to ensure that the new fee does not result in the financial infeasibility of new development; and
H. Following the presentation, City Council requested that Willdan prepare a development feasibility analysis to provide additional information to assist with developing new fee recommendations; and
I. The City and Consultant desire to amend the Agreement to complete a feasibility analysis for an additional cost of $10,560; and
J. The total amended contract with Willdan Financial Services will not exceed $142,295.
RESOLUTION
NOW, THEREFORE, the City Council of the City of St. Helena resolves as follows:
1. The City Council approves Amendment #6 to the professional services agreement with Willdan Financial Services for an additional $10,560 for a total not-to-exceed amount of $142,295; and
2. The City Council authorizes the City Manager to execute Amendment #6 to the agreement on behalf of the City.
3. Authorize a budget increase in the amount of $10,560 to GL Account 751-43-00-21-
45. 4. Funding is provided as follows:
Funding Details Fund GL Account Amount
Budget Increase to the
Adopted FY 2024-25
Operating Budget
Affordable
Housing Trust
Fund
751-43-00-21-45 10,560
TOTAL $10,560
Approved at a Regular Meeting of the St. Helena City Council on July 23, 2024 by the following vote:
Mayor Paul Dohring:
Vice Mayor Eric Hall:
Council Member Anna Chouteau:
Agenda Item #10.11.
Council Member Pat Kenealy:
Council Member Billy Summers:
APPROVED: ATTEST:
________________________ ________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #10.11.
SIXTH AMENDMENT TO AGREEMENT FOR PROFESSIONAL
SERVICES WITH WILLDAN FINANCIAL SERVICES.
This Sixth Amendment to Professional Services Agreement dated November 24, 2015 ("Agreement") is made as of this 23rd day of July 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; 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 for a total not-to-exceed amount of $97,890 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 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. On August 24, 2021, the City Council approved Amendment No. 3 via resolution in the amount of $6,045 for a total not-to-exceed amount of $108,435 to complete the commercial linkage fee analysis; and
G. On July 25, 2023, the City Council approved Amendment No. 4 in the amount of $13,000 for a total contract not-to-exceed $121,435 for updated data analysis required to prepare up-to-date recommendations for the city’s user fees; and H. On August 8, 2023, the City Council approved Amendment No. 5 in the amount of $10,300 for a total contract not-to-exceed $131,735 to capture rising cost data and prepare up-todate recommendations for the city’s development impact fees; and I. The City Council desires to enter into this Amendment No. 6 in the amount of $10,560 to the Agreement for Consultant Services with Willdan Financial Services to prepare a feasibility analysis.
Agenda Item #10.11.
J. The total amended contract not-to-exceed $142,295.00.
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 $10,560.00, for a total amended contract not to exceed $142,295.00; and
2. The Scope of Services for the Agreement is hereby amended to include preparing a development feasibility analysis.
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 #10.11.
T 800.755.6864 │ F 888.326.6864 │ 66 Franklin Street, Suite 300, Oakland, CA 94607 │ www.willdan.com July 15, 2024
Ms. Mandy Kellogg
Administrative Services Director
City of St. Helena
1572 Railroad Avenue
St. Helena, California 94574
Re: Fifth Addendum to Agreement to Prepare Financial Feasibility Analysis for Affordable Housing and Commercial Linkage Fees
Dear Ms. Kellogg:
Per the City’s request, enclosed is the fifth addendum to the original Agreement for Professional Services, dated November 24, 2015. The purpose of the addendum is to add the scope and fee necessary to finalize the City’s Development Impact Fee Update Study and Affordable Housing and Commercial Linkage Fee.
If the amended terms are acceptable, please sign and return one fully executed copy, via email, to [email protected].
We look forward to continuing to serve the City of St. Helena and working with you and your staff. If you have any questions, please feel free to contact me directly at (415) 786-0295, or via email to [email protected].
Sincerely,
WILLDAN FINANCIAL SERVICES
Carlos Villarreal
Principal Consultant
Financial Consulting Services
Agenda Item #10.11.
FIFTH ADDENDUM TO AGREEMENT
Fourth Addendum to Agreement Page 1 City of St. Helena, CA Dated: November 24, 2015
The agreement between the City of St. Helena and Willdan Financial Services, dated November 24, 2015, (hereinafter, the “Agreement”) is amended as follows:
A. Exhibit A entitled “SCOPE OF SERVICES” is amended to include:
Task: Prepare development feasibility analysis
Description: Prepare a memorandum evaluating the development feasibility of each land use type included in the affordable housing impact fee and commercial linkage fee study (for sale residential, rental residential, commercial, office, industrial and commercial lodging).
Development feasibility will be evaluated using a pro forma analysis approach that will identify the maximum supportable affordable housing related fees for a prototype associated with each land uses included in the study. The memorandum will document the assumptions and conclusions of the pro forma analysis.
Attend and present the findings at a City Council public hearing.
B. Exhibit B entitled “FEES FOR SERVICES” is amended to include the following fees:
Prepare development feasibility analysis – Ten thousand, five hundred and sixty dollars ($10,560) dollars.
All other terms, fees and conditions contained in the Agreement shall remain in full force and effect.
Executed on July 15, 2024.
CITY OF ST. HELENA, CA WILLDAN FINANCIAL SERVICES
By: By:
Anil Comelo Chris Fisher
City Manager Vice President / Director
Agenda Item #10.11.
Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Planning
DATE: July 23, 2024
FROM: Maya DeRosa, Community Development Director
SUBJECT: Consideration and adoption of a resolution authorizing Amendment #1 to Professional Services Agreement (PSA)
FY2023-001 with consultant Ward Levy related to
providing property appraisal services to the City for an additional $34,500 for a total contract amount not to
exceed $50,000.
RECOMMENDED
ACTION:
Approve and adopt the attached resolution.
PREVIOUS COUNCIL
ACTION:
n/a
STATEMENT OF THE
PURPOSE:
To amend the existing Professional Services Agreement
(PSA) with Ward Levy to increase PSA funding by $34,500 for appraisal services related to the City Surplus Lands Act process.
FINANCIAL IMPACT: The financial impact is a total of $34,500 for the amended PSA and can be absorbed in the current FY 2024-25
adjusted budget from account 101-45-00-21-45.
BACKGROUND:
On September 2, 2022, the City entered into a PSA with Ward Levy to assist the City with appraisals of City owned properties. The budget amount of that PSA was limited to $15,500 and those funds have been expended. The City has additional appraisal services ordered which will exceed the $25,000 administrative signing authority and therefore require an amendment to the PSA for the additional work requested.
DISCUSSION:
The City of St. Helena owns a number of properties and as part of our asset management strategy and intent to pursue the Surplus Lands Act process on certain properties, the City engaged the services of Ward Levy Appraisal Group in 2022. The City received a scope of work to appraise four City owned properties for $15,500 and entered into a PSA (attached) to complete and fund that scope of work. Subsequently the City has needed additional appraisals for 1301 Mitchell (PG&E site) and also updates to the appraisals done for 1480 Main Street and 1572-1574 Railroad Avenue.
The City is also needing an appraisal for the current City Hall location of 1088 College Avenue. In order to fund this additional work beyond scope of the original PSA, it is necessary to increase the PSA contract amount by $34,500 for a total contract amount of $50,000.
Agenda Item #10.12.
ENVIRONMENTAL REVIEW:
Not a CEQA project.
GOAL:
Goal 1: Strengthen Financial Sustainability
DOCUMENTS ATTACHMENTS:
Original PSA STH Contract FY2023-001 Ward Levy
Resolution Ward Levy
PSA Amendment #1 Ward Levy w scope
Agenda Item #10.12.
Ward Levy Appraisal Group 9-2-2022
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on September 2, 2022 by and between the City of St. Helena, located in the County of Napa, State of California (City), and Ward Levy Appraisal Group, Inc. (Consultant).
RECITALS:
A. City desires to employ Consultant to furnish professional services in connection with the project described as providing a restricted appraisal report for the properties outlined in Exhibit A, Scope of Services.
B. Consultant has represented that Consultant has the necessary expertise, experience, and qualifications to perform the required duties.
NOW, THEREFORE, in consideration of the mutual premises, covenants, and conditions herein contained, the parties agree as follows:
SECTION 1 – BASIC SERVICES
Consultant agrees to perform the services set forth in Exhibit A, “Scope of Services” and made part of this Agreement.
SECTION 2 – ADDITIONAL SERVICES
Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement that are in addition to or outside of those set forth in this Agreement or Exhibit A, “Scope of Services” (the “Services”), unless such additional Services and compensation are authorized in advance and in writing by the City Council or City Manager of the City.
SECTION 3 – TIME FOR COMPLETION
The time for completion of Services shall be as identified in Exhibit A, “Scope of Services”. The parties expressly agree that time is of the essence in the performance of this Agreement.
SECTION 4 – COMPENSATION AND METHOD OF PAYMENT
A. Subject to any limitations set forth in this Agreement, City agrees to pay consultant the amount specified in Exhibit B, “Compensation” attached hereto and made a part hereof. Total compensation shall not exceed $15,500 unless additional compensation is approved in accordance with Section 2.
B. Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories if applicable: labor (by sub-category), travel, materials, equipment, supplies, subconsultant contracts, and miscellaneous expenses. Each original invoice furnished shall Agenda Item #10.12.
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include the expenses incurred during the preceding month, the cumulative Agreement amount, and the amount remaining on the Agreement. City shall independently review each invoice submitted to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. If no charges or expenses are disputed, the invoice shall be approved, and City will use its best efforts to cause Consultant to be paid within 30 days of receipt of invoice. If the City disputes any charges or expenses, the City will return the original invoice to Consultant for correction and resubmission. If the City reasonably determines, in its sole judgment, that the invoiced charges and expenses exceed the value of the Services performed to date and that it is probable that the Agreement will not be completed satisfactorily within the contract price, City may retain all or a portion of the invoiced charges and expenses.
Within thirty (30) days of satisfactory completion of the project, City shall pay the retained amount, if any, to Consultant.
C. Payment to the Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
SECTION 5 – STANDARD OF PERFORMANCE
A. Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services described herein. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons in the same or similar geographical area engaged in providing Services similar to those required of Consultant under this Agreement.
B. In order to induce City to enter into this Agreement, Consultant represents that it is duly organized, existing and in good standing under applicable state law; Consultant is licensed to perform all aspects of the Services; Consultant will employ only persons and Subconsultants with all required licenses and certifications; that Consultant is duly qualified to conduct business in the State; that Consultant has duly authorized the execution, delivery and performance of this Agreement and the Services to be performed herein; and that the Agreement does not violate or create a default under any instrument, agreement, order or decree binding on Consultant.
SECTION 6 – INSPECTION AND FINAL ACCEPTANCE
City may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant’s work within sixty (60) days after submitted to City, unless the parties mutually agree to extend such deadline. City shall reject work by a timely written explanation, otherwise Consultant’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects and fraud. Acceptance of any of Consultant’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, the sections pertaining to indemnification and insurance.
Agenda Item #10.12.
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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.
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.
Agenda Item #10.12.
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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
A. To the fullest extent allowed by law (including without limitation California Civil Code Sections 2782 and 2782.8), as may be applicable, Consultant shall indemnify, defend, and hold harmless City, its agents, officers, officials, employees, representatives, and volunteers from any and all claims, demands, suits, loss, damages, injury, and/or liability (including any and all Agenda Item #10.12.
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costs and expenses in connection therewith, including legal fees and expert witness costs) (collectively, “Liabilities”), incurred by reason of any negligent or otherwise wrongful act or omission of Consultant, its officers, agents, employees, subconsultants, and subcontractors, or any of them, under or in connection with this Agreement; and Consultant agrees at its own cost, expense and risk to defend any and all claims, actions, suits, or other legal proceedings brought or instituted against City, its agents, officers, officials, employees and volunteers, or any of them, arising out of, pertaining to, or relating to such negligent or otherwise wrongful act or omission, and to pay and satisfy any resulting judgments.
B. When Consultant under this Agreement is duly licensed under California Business and Professions Code as an architect, landscape architect, professional engineer, or land surveyor (i.e., a “design professional,” pursuant to Civil Code § 2782.8(c)), the provisions of this section regarding Consultant’s duty to defend and indemnify apply only to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant.
C. If any action or proceeding is brought against Indemnitees by reason of any of the matters against which Consultant has agreed to indemnify Indemnitees as provided above, Consultant, upon notice from City, shall defend Indemnitees at Consultant’s expense by counsel acceptable to City, such acceptance not to be unreasonably withheld. Indemnitees need not have first paid for any of the matters to which Indemnitees are entitled to Indemnification in order to be so indemnified. The insurance required to be maintained by Consultant shall ensure Consultant’s obligations under this section, but the limits of such insurance shall not limit the liability of Consultant hereunder. The provisions of this section shall survive the expiration or earlier termination of this Agreement.
D. The provisions of this section do not apply to claims to the extent occurring as a result of the City’s sole negligence, active negligence, or willful acts or misconduct.
E. Duty to Cooperate. Each party shall notify the other party immediately in writing of any claim or damage related to activities or Services performed under this Agreement. The parties shall cooperate with each other in the investigation and disposition of all Liabilities arising out of the activities or Services under this Agreement.
F. In the event that Consultant executes any subconsulting agreements in connection with the Services performed under this Agreement, Consultant shall place in all such subconsulting agreements, and cause its subconsultants to agree to, the indemnity and insurance obligations in favor of City and other Indemnitees, as provided herein, in the exact form and substance of those contained in this Agreement.
G. Further, Consultant will defend and indemnify City, and hold it harmless, from any claim, demand or liability that is related to, or results from an assertion that as a result of providing services to City, a Consultant employee or a person performing work pursuant to this Agreement is entitled to benefits from, or is covered by, the Social Security retirement system or the California Public Employee Retirement Systems. Notwithstanding the foregoing, however, Consultant’s obligation for any payments to such a claimant shall be limited to those payments which the City may be required to pay. This indemnity obligation shall survive the termination or expiration of this Agreement.
Agenda Item #10.12.
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SECTION 9 – INDEPENDENT CONTRACTOR STATUS
A. Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant shall have no authority to bind City in any manner or to incur an obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.
B. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant’s officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees or agents are in any manner officials, officers, employees or agents of City.
C. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
SECTION 10 – CONFLICTS OF INTEREST AND ANTI-FRAUD AND ANTICORRUPTION POLICIES A. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of Services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts with the interests of City in the performance of this Agreement.
B. City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related Services for other governmental agencies and private parties. Consultant is aware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section.
C. Consultant understands and acknowledges City maintains an anti-fraud and anticorruption policy to protect the City, its operations, and its employees from and against financial risks, operational breaches, and unethical, fraudulent and corrupt activities. Consultant represents and warrants that Consultant, its subcontractor(s) / subconsultant(s) and their respective employees providing Services pursuant to the Agreement are (1) in good standing; (2) have not 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 Agenda Item #10.12.
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report to City any information or incident(s) about possible fraudulent or corrupt activities Consultant may discover, and will cooperate in any fraud or corruption investigation conducted, with respect to Consultant’s service provided pursuant to this Agreement.
SECTION 11 – OWNERSHIP OF DOCUMENTS
A. All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the course of providing any Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. When requested by City, but no later than three years after project completion, Consultant shall deliver to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.
B. All copyrights, patents, trade secrets, or other intellectual property rights associated with any ideas, concepts, techniques, inventions, processes, improvements, developments, works of authorship, or other products developed or created by Consultant during the course of providing Services (collectively the “Work Product”) shall belong exclusively to City. The Work Product shall be considered a “work made for hire” within the meaning of Title 17 of the United States Code. Without reservation, limitation, or condition, Consultant hereby assigns, at the time of creation of the Work Products, without any requirement of further consideration, exclusively and perpetually, any and all right, title, and interest Consultant may have in the Work Product throughout the world, including without limitation any copyrights, patents, trade secrets, or other intellectual property rights, all rights of reproduction, all rights to create derivative works, and the right to secure registrations, renewals, reissues, and extensions thereof.
SECTION 12 – CONFIDENTIAL INFORMATION; RELEASE OF
INFORMATION
A. All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
B. Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement.
Response to a subpoena or court order shall not be considered “voluntary” provided consultant gives City notice of such court order or subpoena.
C. If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Consultant’s conduct.
D. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of Agenda Item #10.12.
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deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite such response.
SECTION 13 – SUSPENSION OF WORK
City may, at any time, by ten (10) days written notice suspend further performance by Consultant. All suspensions shall extend the time schedule for performance in a mutually satisfactory manner and Consultant shall be paid for Services performed and reimbursable expenses incurred prior to the suspension date.
SECTION 14 – COMPLIANCE WITH LAW
Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Consultant shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.
SECTION 15 – COMPLIANCE WITH CIVIL RIGHTS
During the performance of this contract, Consultant agrees as follows:
A. Equal Employment Opportunity. In connection with the execution of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, ancestry, age, sexual orientation, gender, gender identity and gender expression as protected categories specifically and expressively in that category, physical handicap, medical condition, marital status, sex, or national origin. Such actions shall include, but not be limited to, the following: employment, promotion, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training including apprenticeship.
B. Nondiscrimination Civil Rights Act of l964. Consultant will comply with all federal regulations relative to nondiscrimination to federally-assisted programs.
C. Solicitations for Subcontractors including Procurement of Materials and Equipment.
In all solicitations, either by competitive bidding or negotiations, made by Consultant for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor, supplier, or lessor shall be notified by Consultant of Consultant’s obligations under this Agreement and the regulations relative to nondiscrimination.
SECTION 16 – COMPLIANCE WITH CALIFORNIA LABOR CODE
REQUIREMENTS
Agenda Item #10.12.
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A. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
B. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
C. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.
SECTION 17 – AUDIT AND INSPECTION OF RECORDS
A. Records of Consultant’s direct labor costs, payroll costs, and reimbursable expenses pertaining to this project covered by this Agreement will be kept on a generally recognized accounting basis and made available to City if and when required for a period of up to 3 years from the date of Consultant’s final invoice.
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, Agenda Item #10.12.
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internal memoranda, technical reports and investigations, calculations, books and accounts, accounting records documenting its work under its Agreement, and invoices, payrolls, records and all other data related to matters covered by this Agreement.
C. Consultant shall permit City to audit, examine and make copies, excerpts and transcripts from such records, and the Consultant shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any matter whatsoever for three (3) years after City makes the final or last payment or within three (3) years after any pending issues between City and Consultant with respect to this Agreement are closed, whichever is later.
SECTION 18 – LIMITATION OF LIABILITY
A. Consultant agrees that any liability of City arising in connection with this Agreement shall be limited exclusively to the City-entity identified as the “City” under this Contract. Under no circumstance shall any other City-entity be liable to Consultant under any theory, whether in contract, tort, or otherwise, and Consultant waives unconditionally any such claims. Consultant hereby waives and release other City-entites from any liability under this Agreement.
B. Notwithstanding any other provision of this Agreement, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement or the Services performed hereunder.
SECTION 19 – COOPERATION BY CITY
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the work as outlined in the Exhibit A, “Scope of Services”, shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement.
SECTION 20 – NOTICES
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, emailed, sent by facsimile, or first class mail, addressed as follows:
To City: City Manager
1572 Railroad Avenue
St. Helena, California 94574
To Consultant: Ryan Ward
Ward Levy Appraisal Group
4357 Montgomery Drive, Suite D
Santa Rosa, CA 95405
Agenda Item #10.12.
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Notice shall be deemed effective on the date personally delivered or transmitted by facsimile, email, or, if mailed, three (3) days after deposit in the custody of the U.S. Postal Service.
SECTION 21 – TERMINATION
A. City may terminate this Agreement, with or without cause, at any time by giving ten (10) days written notice of termination to Consultant. If such notice is given, Consultant shall cease immediately all work in progress.
B. If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice.
C. Upon termination of this Agreement by either Consultant or City, all property belonging to City which is in Consultant’s possession shall be delivered to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in this Agreement.
SECTION 22 – ATTORNEYS’ FEES
If litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable attorneys’ fees, costs and expenses, in addition to any other relief to which it may be entitled. In addition, any legal fees, costs and expenses incurred to enforce the provisions of this Agreement shall be reimbursed to the prevailing party.
SECTION 23 – ENTIRE AGREEMENT
This Agreement, including the attached Exhibits, is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding unless in writing duly executed by the parties or their authorized representatives.
SECTION 24 – SUCCESSORS AND ASSIGNS
This Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the parties. However, this Agreement shall not be assigned by Consultant without written consent of the City.
SECTION 25 – CONTINUITY OF PERSONNEL
Agenda Item #10.12.
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Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff assigned to perform the Services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff assigned to perform the Services required under this Agreement, prior to any such performance.
SECTION 26 – DEFAULT
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default and may terminate this Agreement immediately by written notice to Consultant.
SECTION 27 – WAIVER
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or Services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 28 – LAW TO GOVERN; VENUE
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Napa. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Northern District of California, in San Francisco.
SECTION 29 – SEVERABILITY
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
SECTION 30 – THIRD PARTY BENEFICIARIES
Consultant’s subconsultants shall agree to be bound to the terms of the Agreement to the extent of their scope of Services, including but not limited to, terms regarding indemnity and dispute resolution, and shall agree that City is deemed an express third party beneficiary of their subconsultant agreements. Nothing contained in this Agreement, however, shall operate to confer such or similar rights or benefits on persons or entities not party to this Agreement.
SECTION 31 – STATUTES OF LIMITATION
As between the parties to this Agreement, any applicable statute of limitations for action arising out of, pertaining to, or relating to any act or failure to act in connection with this Agenda Item #10.12.
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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
Ryan C. Ward President
Agenda Item #10.12.
CITY OF ST. HELENA
RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY OF ST. HELENA AUTHORIZING AMENDMENT #1 TO PROFESSIONAL SERVICES AGREEMENT FY2023-001 WITH WARD LEVY
APPRAISAL GROUP RELATED TO APPRAISAL SERVICES FOR AN ADDITIONAL $34,500 FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $50,000.
Recitals
1. On September 2, 2022 the City entered into a PSA with Ward Levy Appraisal Group to assist the City with preparing appraisals for city owned property. The scope of work for that contract has been completed thus requiring an amendment to the PSA for the additional work requested.; and
2. The City began the Surplus Lands Act process formally in 2024 which required current and updated appraisals of City owned properties; and
3. The City of St. Helena has completed the scope of the original agreement and now desires to continue utilizing Ward Levy Appraisal Group to provide support with appraisals; and
4. Expected services include site research, site visits, coordination calls and deliverable of appraisal reports for sites directed by the City and in accordance with the scope of work attached (Exhibit A); and
5. The City of St. Helena and Ward Levy Appraisal Group now desire to amend the Agreement for an additional $34,500 for a total amount not-to-exceed $50,000.
Resolution
A. Now, therefore, the City Council of the City of St. Helena authorizes the City Manager to execute Amendment No. 1 to STH Contract: FY2023-001 in the amount of $34,500 for a total contract amount not to exceed $50,000.
B. Approved at a Regular Meeting of the St. Helena City Council on July 23, 2024 by the following vote:
Mayor Dohring: _______________
Vice Mayor Hall: ______________
Councilmember Chouteau: ________________
Agenda Item #10.12.
Councilmember Summers: ________________
Councilmember Kenealy: _________________
APPROVED: ATTEST:
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #10.12.
First Amendment to Professional Services Agreement STH Contract: FY 2023-001 Ward Levy Appraisal Group
AMENDMENT #1
FOR PROFESSIONAL SERVICES AGREEMENT WITH WARD LEVY APPRAISAL GROUP; STH CONTRACT: FY2023-001 PERTAINING TO APPRAISAL SERVICES FOR AN ADDITIONAL $34,500 FOR A TOTAL AMOUNT NOT-TO-EXCEED $50.000.
This first amendment to Professional Services Agreement with Ward Levy Appraisal Group STH Contract: FY 2023-001 dated September 2, 2022 ("Agreement") is made as of this ____ day of _______, 2024 by and between the City of St. Helena and Ward Levy Appraisal Group.
RECITALS
A. On September 2, 2022 the City entered into a PSA with Ward Levy Appraisal Group to assist the City with preparing appraisals for city owned property. The scope of work for that contract has been completed thus requiring an amendment to the PSA for the additional work requested.; and B. The City began the Surplus Lands Act process formally in 2024 which required current and updated appraisals of City owned properties; and C. The City of St. Helena has completed the scope of the original agreement and now desires to continue utilizing Ward Levy Appraisal Group to provide support with appraisals; and
D. Expected services include site research, site visits, coordination calls and deliverable of appraisal reports for sites directed by the City and in accordance with the scope of work attached (Exhibit A); and
E. The City of St. Helena and Ward Levy Appraisal Group now desire to amend the Agreement for an additional $34,500 for a total amount not-to-exceed $50,000.
AGREEMENT
NOW, THEREFORE, in consideration of the promises and of the mutual covenants and agreements herein contained, for good and valuable consideration, the adequacy of which is hereby acknowledged, the parties agree to amend the Agreement as follows:
1. Section 4.A. Compensation, is amended to read as follows:
“Total compensation shall not exceed $50,000…”
Agenda Item #10.12.
First Amendment to Professional Services Agreement STH Contract: FY 2023-001 Ward Levy Appraisal Group
All other terms of the Agreement shall remain in full force and effect.
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.
Ward Levy Appraisal Group
By: _____________________________
Print Name:_______________________
Title: ____________________________
CITY OF ST. HELENA
a Municipal Corporation
By:________________________________
Print Name: Anil Comelo
Title: City Manager
APPROVED AS TO FORM:
_______________________________
Ethan Walsh, City Attorney, St. Helena
ATTEST:
____________________________
City of St. Helena City Clerk
Cindy Tzafopolous
Agenda Item #10.12.
First Amendment to Professional Services Agreement STH Contract: FY 2023-001 Ward Levy Appraisal Group
EXHIBIT A
Agenda Item #10.12.
4357 Montgomery Drive, Suite D
Santa Rosa, CA 95405
(707) 921-5052
[email protected]
July 12, 2024
Maya DeRosa, AICP
Planning and Building Director
City of St. Helena | Planning & Community Improvement Department 1088 College Avenue, St. Helena, CA 94574
RE: On Call Appraisal Work
Dear Ms. DeRosa:
The scope of work Ward Levy Appraisal Group, Inc. will perform for the City of St. Helena will be as follows:
• On an as-needed basis Ward Levy Appraisal will provide appraisal reports for the City of St.
Helena.
• The project manager and signer of the reports will be Ryan C. Ward, MAI or Robert A.
Horning, MAI, both licensed by the CA Bureau of Real Estate Appraisers to appraise all properties regardless of complexity.
• Ward Levy Appraisal Group, Inc. has extensive insurance coverage for the business, worker’s comp, E&O and automobile per your requirements. • The reports will conform to the Uniform Standards of Appraisal Practice (USPAP). • The fee and turnaround time for the appraisal reports will be dependent on the property to be appraised, the report type and other scope of work elements. For each property the City of St. Helena needs appraised, the appraiser will provide the City of St. Helena with a Scope of Work letter detailing the fees and turnaround time. The appraisal process can commence upon authorization of the scope of work by the City of St. Helena. • An electronic version of the appraisal report will be delivered within 4 weeks.
Thank you for the opportunity to be of service.
Ryan C. Ward, MAI
Agenda Item #10.12.
Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: July 23, 2024
FROM: Lesley Milton, Interim Assistant Director of Public Works - Operations
SUBJECT: Authorization for 1) Emergency Generator Rental Services from C&D Power through December 2024 for the
Wastewater Treatment Plant MBR Facility for a Not-toExceed cost of $151,236, which includes a 10% Contingency, and 2) A Budget increase in the amount of
$99,236 utilizing Fund 571 Wastewater Operations fund
balance.
RECOMMENDED
ACTION:
Authorize the rental costs for emergency back up
generator at the wastewater treatment plant.
PREVIOUS COUNCIL
ACTION:
City Council has included in the FY 24 and FY 25 budget funds for rental of emergency generator at the Wastewater Treatment Plant.
The City Council Authorized Capital Improvement Project S-52 upgrading the wastewater treatment plant to a
Membrane Bio Reactor Facility which requires a higher
quantity of energy to operate.
July 25, 2023 the City Council authorized the purchase of a permanent generator, however the generator had a 12-
to 18-month lead time and has not yet been received.
STATEMENT OF THE
PURPOSE:
Authorizing the expenditures to rent a backup generator with capacity to power the new MBR facility until the
permanent generator is received.
FINANCIAL IMPACT: The monthly cost to rent a generator for the WWTP is $19,641 per month. Staff believes the permanent
generator will arrive no later than December 2024. The
total estimated Financial Impact is $151,236, which
includes a 10% contingency, of which $52,000 has already been budgeted in FY 2024-25. This action will require a budget amendment in the amount of $99,236 utilizing
Fund 571 Wastewater Operations fund balance to
increase GL Account 571-50-29-21-25.
BACKGROUND:
Agenda Item #10.13.
In the aftermath of the devastating 2020 wildfires, the City of St. Helena identified risks that were posed against the City during the disaster. One risk identified was that in the event of a disaster, or a PG&E Public Safety Power Shutoff (PSPS), the City does not have back-up power to several critical City facilities that provide essential services to first responders and the citizens of St. Helena. Based on this risk to the City, it was determined it was essential to provide a permanent source of back-up power generation to various facilities to minimize the impacts disasters may have on St. Helena.
On April 30, 2021, City staff submitted an application for a Hazard Mitigration Grant from Cal OES requesting larger capacity generator for the Wastewater Treatment Plant.
On March 15, 2023, the City received confirmation from CalOES that it was awarded the Hazard Mitigation Grant Program Application - Wastewater Treatment Plant Emergency Backup Power Project. The total estimated project cost was $971,250 and the City's required match was $242,812.50. The larger capacity generator will allow the City to provide backup power supplies to the Wastewater Treatment Plant during higher risk disasters and support the effluent pump station without interruption and impacts to the public. The generator will also allow the wastewater treatment plant to operate during power outages, minimize the potential for sanitary sewer overflows or filling of the ponds at the wastewater treatment plant, and facilitate ongoing compliance with the City’s NPDES permit.
On July 25, 2023, the City Council approved the Emergency Back-Up Power Project, which included authorizing the purchase of a generator for the Wastewater Treatment Facility for $1.5 million. The order was placed for the generators in August 2023, however the generators have not yet been received. To ensure continuity of essential services during a disaster without interruption, staff has been renting a generator with capacity to power the existing operations and new facility.
DISCUSSION:
The City's contractor that is assisting with the commissioning of the new MBR Facility had indicated that the commissioning would take place in June but has now been delayed until late July or August. Due to the delay of the permanent generator arrival, and the delay of the MBR Treatment Facility commissioning, additional funds are needed for this service. Staff believes the generators should arrive no later than December 2024.
In the interim, continued progress on the WWTP improvement project is highly sensitive to power interruptions. The biological processes require continuous flow of water and aeration in order to mature. The temporary generator is capable of providing adequate power to operate both the existing and new processes affording the City redundancy against sanitary sewage overflows. In addition, the generator protects the commissioning of the new process from delays resulting from PSPS events. The cost of the generator rental was not included in the FY 25 budget as staff believed the permanent generator would arrive. The monthly cost to rent a sufficiently sized generator for the WTP is $19,641 per month and staff had retained the services through our existing contracted generator vendor.
Agenda Item #10.13.
Staff is requesting authorization for a budget increase utilizing wastewater fund balance in the amount of $99,236 to cover the additional cost of generator rentals through December 2024 at a cost of $19,641 per month with a 10% contingency.
ENVIRONMENTAL REVIEW: This is not a CEQA project.
GOAL:
Goal 3: Pursue Water Security & Sustainable Management of Water Resources Goal 8: Implement Capital Improvement Plans (CIP) Projects Miscellaneous/Other DOCUMENTS ATTACHMENTS:
Resolution - WWTP Generator Rental
Agenda Item #10.13.
CITY OF ST. HELENA
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST.
HELENA AUTHORIZING 1) EMERGENCY GENERATOR
RENTAL SERVICES FROM C&D POWER FOR A NOT-TOEXCEED COST OF $151,236 FOR EMERGENCY GENERATOR
RENTAL SERVICES FOR THE WASTEWATER TREATMENT
PLANT (WWTP), AND 2) A BUDGET INCREASE IN THE
AMOUNT OF $99,236 UTILIZING FUND 571 WASTEWATER
OPERATIONS FUND BALANCE.
RECITALS
A. WHEREAS, On July 25, 2023, the City Council approved the Emergency Back-Up Power Project which included the purchase of a permanent generator for the Wastewater Treatment Plant; and
B. WHEREAS, The order was placed for the generators in August of 2023, however due to procurement issues, the generators have not yet been received; and
C. WHEREAS, to ensure continuity of essential services during a disaster without interruption, a rental generator is required.
D. WHEREAS, due to the delay of the generator arrival and the delay of the MBR Treatment Facility commissioning, additional funds are needed to for rental services for continuity of operations; and
E. WHEREAS, The monthly cost to rent a generator for the WTP is $19,641 per month and staff had retained the services through the appropriate procurement process.
RESOLUTION
NOW, THEREFORE, the City Council of the City of St. Helena resolves as follows:
1. Approval Rental Agreement with CD Power for emergency generator rental services for a not-to-exceed cost of $151,236, which includes a 10% contingency.
Agenda Item #10.13.
2. Authorize a budget increase of $99,236 to GL Account 571-50-29-21-25 utilizing Wastewater Operations Fund balance.
3. Funding is provided as follows:
Funding Details Fund GL Account Amount
Previously authorized in
FY 2024-25 Operating
Budget
Wastewater
Operations 571-50-29-21-25 52,000
Budget Increase in FY
2024-25 Operating
Budget
Wastewater
Operations 571-50-29-21-25 99,236
Total 151,236
Approved at a Regular Meeting of the St. Helena City Council on July 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 #10.13.
Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Administration/Planning
DATE: July 23, 2024
FROM: Cindy Tzafopoulos, City Clerk
SUBJECT: Consideration for City Council approval for the nomination and election of the current Planning Commission Chair to serve a fourth term as outlined in the City Council Protocol for Committees, Commissions and Boards (Resolution
No.2023-128).
RECOMMENDED
ACTION:
It is recommended that the City Council approve the
attached resolution authorizing election of the current Chair of the Planning Commission (John Ponte) to serve
an additional term ending June 2025 as outlined per the City Council Protocol for Committees, Commission and
Boards.
PREVIOUS COUNCIL
ACTION:
None.
STATEMENT OF THE
PURPOSE:
For the City Council to consider and approve the election of the current Chair of the Planning Commission to serve for a fourth term as outlined per the City Council Protocol for Committees, Commission and Boards.
FINANCIAL IMPACT: N/A
BACKGROUND:
Rule 1 of the Planning Commission By-Laws identifies that the Planning Commission shall elect a Chair and Vice-Chair at their first regular meeting of July.
DISCUSSION:
On July 16, 2024, the Planning Commission unanimously voted to elect current Chair John Ponte to serve as Planning Commission Chair for a fourth term. The Planning Commission bylaws do not include any provisions regarding term limits. However, the City Council Protocol for Committees, Commissions and Boards (Resolution No.2023- 128), has the following requirement for term limits and also a process if the Planning Commission unanimously votes to request current Chair serve a third term.
Planning Commissioner John Ponte's term of office expires June 30, 2025, and the appointment as Chair is separate from his term of office. "Committee Officers. Annually, a committee will select a chairperson and vice chairperson. No member may serve more than two consecutive years as chair, unless Agenda Item #10.14.
unanimously agreed upon by the Committee in a vote and approved by the City Council."
As the current Chair was elected by unanimous vote to serve for a fourth term, the City Council needs to consider the request at this time for the election process to be complete.
DOCUMENTS ATTACHMENTS:
Resolution Planning Commission Chairman to Serve Additional Year (John Ponte) PC BY-LAWS 2018-Final(Votes)
2023-128 - Approving Combining and Reestablishing Protocols for Council, Boards and Commissions
2023-128 Rules of Procedure and Conduct Exhibit A
Agenda Item #10.14.
CITY OF ST. HELENA
RESOLUTION NO. 2024-XXX
Authorizing the Planning Commission Chairperson John
Ponte to serve an additional (fourth) year as
Chairperson
RECITALS
A. Whereas the City of St. Helena Protocol for Committees, Commissions and Boards (approved by City Council Resolution 2023-128), states, "Annually, a committee will select a chairperson and vice chairperson. No member may serve more than two consecutive years as chair, unless unanimously agreed upon by the Committee in a sealed vote and approved by the City Council."; and
B. Whereas on July 16, 2024, the Planning Commission nominated and elected John Ponte to be the commission chair for a fourth year; and C. Whereas John Ponte service as the Chairperson of the Planning Commission exceeds the two consecutive years; and
D. Whereas there were no other nominations for the position of Chairperson and the votes for John Ponte to serve as the Chairperson of the Planning Commission were unanimous.
RESOLUTION
The City Council of the City of St. Helena hereby resolves as follows:
1. Makes the exception to authorize the Planning Commission Chairperson to serve an additional year, ending June 2025.
Approved at a Regular Meeting of the St. Helena City Council on July 23, 2024, by the following vote:
Mayor Paul Dohring:
Vice Mayor Eric Hall:
Council Member Anna Chouteau:
Council Member Patrick Kenealy:
Council Member Billy Summers:
Agenda Item #10.14.
APPROVED: ATTEST:
______________________ ________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #10.14.
Planning Commission By-Laws
July 17, 2018
1 of 5
ST. HELENA PLANNING COMMISSION
BY-LAWS
The following rules shall be applicable to the organization of the St. Helena Planning Commission, to the convening or calling of meetings, and to the transaction of business when the Commission has convened and acts or serves in an official capacity, pursuant to law.
ORGANIZATION AND ELECTION
AND DUTES OF OFFICERS
RULE 1. The Commission shall elect a Chairperson and Vice Chairperson and designate a Secretary at the first regular meeting of the Planning Commission in July to serve for a period of one year from the date of their election. However, the Planning Commission, by majority vote, may choose to elect a Chairperson or Vice-Chairperson at a different meeting to address a resignation. In the case of a resignation of the Chair, the Vice-Chair shall become the interim Chair until formal election of a new Chairperson occurs.
RULE 2. The Chairperson of the Planning Commission shall preserve order and decorum and shall decide questions of order. The Vice Chairperson shall preside in the absence of the Chairperson.
RULE 3. The Chairperson of the Planning Commission may second any motion and present and discuss any matter as a member of the Commission without having to step down from the Chair and shall be entitled to vote on all matters before the Planning Commission.
RULE 4. The Secretary shall be a City Employee, normally the Planning Director.
RULE 5. The Secretary shall be responsible for the preparation of the Planning Commission minutes and shall assure that all official actions or decisions by the Commission shall be recorded within the minutes. Consistent with Municipal Code section 2.60.030, the Commission shall keep a public record of its resolutions, transactions, findings and determinations. Those records are kept as minutes that summarize Commission action, in the same manner as City Council minutes.
RULE 6. The City Attorney of the City of St. Helena shall be the legal counsel to the Planning Commission.
RULE 7. The video recordings of each meeting are designated as the official record of the Planning Commission agenda and action and are to be made available on the City of St Helena website.
SCHEDULE OF MEETINGS
RULE 8. The Planning Commission shall hold at least two Regular Meetings per month, which shall be held on the first and third Tuesdays of the month. In the event the first or third Tuesday is a holiday, an alternate meeting may be held. An additional Adjourned Meeting may be held, if Agenda Item #10.14.
Planning Commission By-Laws
July 17, 2018
2 of 5
necessary. Such regular meetings may be canceled by a vote of the majority of Commission members present at a regular or special meeting or when a quorum is not available. Meetings shall be held in the same locale used by the City Council or at City Hall or the Fire Department starting at 6:00 P.M. Adjourned Meetings, Special Meetings, meeting relocation, or revised starting time shall be by a three-fifths vote of the Planning Commission. Notice of such meeting shall be given in accordance with State law.
RULE 9. Emergency or special meetings may be called as provided in Section 54956 of the Government Code of the State of California.
RULE 10. In the absence of a quorum all items on the agenda shall be continued to the next scheduled meeting.
AGENDA
RULE 11. An agenda shall be prepared by the Secretary of the Planning Commission for each meeting of the Planning Commission.
RULE 12. All matters to be considered by the Commission shall be properly filed with the City in compliance with the provisions, standards, and procedures established by adopted City Ordinances. The Secretary shall not accept for presentation to the Commission any matter unless it is properly made on the prescribed forms properly filled out with all data attached.
RULE 13. Any matter that comes before the Commission orally under Public Forum shall not be discussed or acted upon by the Commission unless and until it is heard as a scheduled agenda item at a Regular, Adjourned, or Special meeting of the Commission.
RULE 14. Request for informal or advance decisions concerning potential future developments or plans will not be considered by the Planning Commission.
RULE 15. The regular order of business of the Commission shall be:
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE & ROLLCALL
3. MINUTES APPROVAL
4. PUBLIC FORUM
5. COMMUNICATIONS & PETITIONS
6. RECOMMENDED CONSENTCALENDAR
7. CONTINUED ITEMS
8. SIGN PERMIT/ADMINISTRATIVE DETERMINATION
9. PUBLIC HEARINGS - PLANNING COMMISSION ACTION IS FINAL (DR/UP/VAR/LLA/TPM)
10. PUBLIC HEARINGS – PUBLIC HEARINGS/RECOMMENDATIONS TO CITY
COUNCIL (TSM/ZOTA/GPA/REZONE)
11. NAPA COUNTY REFERRALS
12. SCHEDULED MATTERS
13. REPORTS BY STAFF AND PLANNINGCOMMISSION
14. AGENDA FORECAST
15. ADJOURNMENT
RULE 16. The Chairperson may revise the order of the agenda for a particular meeting in order to expedite business for the convenience of the public or for improved continuity.
Agenda Item #10.14.
Planning Commission By-Laws
July 17, 2018
3 of 5
RULE 17. Commission meetings may remain in session up to, but no later than 10:00 P.M.
However, the Commission may, by a unanimous vote, extend the meeting if the Commission deems such extension necessary. Otherwise, the meeting shall be adjourned to another day acceptable to the Commission, or unfinished business may be continued to the next Regular Meeting.
CONDUCT OF PUBLIC HEARINGS
RULE 18. Letters, petitions, or other written material pertaining to any item on the agenda may be filed with the secretary of the Commission prior to the time of the public hearing or may be presented to the Commission at the time of the public hearing. The Commission shall consider such material in deciding any issue before it. All written material shall become part of the Commission’s file on the agenda item.
RULE 19. Items submitted after packet distribution: Materials related to any item on the Agenda submitted to the Planning Commission after distribution of the agenda packet are available for inspection in the Secretary of the Commission’s office at 1480 Main Street, St.
Helena, CA during normal business hours. All such materials will be brought to the meeting and will be available for public inspection at the meeting site. Either City Staff or the Chairperson at the hearing shall give public notice of any such materials. If copies are not available in sufficient quantity for interested parties or members of the public at the hearing, the Chairperson shall take reasonable steps to afford all such persons the opportunity to inspect the materials before the start of the hearing on a scheduled matter. The purpose of the foregoing is to avoid the interruption of testimony with requests for inspection ofmaterials.
RULE 20. Any person desiring to address the Planning Commission may, when recognized by the Chairperson, give his or her name and address. A person appearing in a representative capacity shall provide the name and address of each represented party.
RULE 21. Testimony and argument relative to any item scheduled on the agenda as a Public Hearing shall, unless otherwise ordered by the Chairperson, be presented in the following order and within the time limitsspecified.
a. The Chairperson shall declare the Public Hearing to be open. b. Disclosure of Ex Parte Communication*
c. Staff Report, including acknowledgement and/or reading of written testimony. d. Presentation of the project by applicants, and/or agents/consultants directly associated with the project. (10 minutes)
e. Commission questions to staff and the applicant for purposes of clarification of staff report and proposed project.
f. Public Testimony in support or opposition of the project. (4 minutes per person) g. Applicant and/or staff response to new information or questions raised by public testimony. h. Chairperson declares public hearingto be closed.
i. Planning Commission debate, and motion.
j. Roll Call Vote.
Note: At the option of the Chairperson the public or applicant may give further testimony on the question, provided it is directly related to the motion. * Ex Parte Communication is hereby defined as any additional factual information obtained by commissioners that pertains to an individual decision, including visiting a project site, meeting with a project applicant and/or meeting with interested citizens.
Agenda Item #10.14.
Planning Commission By-Laws
July 17, 2018
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RULE 22. The Chairperson may, in the interest of facilitating the business of the Planning Commission, limit the amount of time that a person may use in addressing the Planning Commission. Opponents and proponents shall be given equal opportunity for presentation. A project applicant should always be given the right, reasonable opportunity and time, to respond fully to evidence and arguments presented after the applicant has made his/her opening presentation.
RULE 23. The applicant or his or her appointed representative may, with the permission of the Planning Commission, withdraw, or request a continuance on any matter pending before the Commission at any time prior to the Commission acting on such matter.
VOTING
RULE 24. A majority of the members of the Commission shall constitute a quorum. Unless otherwise required by federal, state or local regulation, the affirmative vote of a majority of the quorum is necessary to take action. If a majority is unable to be assembled on any motion (including a motion to continue a matter to a specific time) relating to a specific project for which the Commission must make a recommendation to the City Council, the project shall be referred to Council with a divided recommendation which reflects the individual votes of the Commissioners. If a majority is unable to be assembled on any motion (including a motion to continue a matter to a specific time) relating to a specific project for which the Commission has final authority, the matter before the Commission shall be deemed denied and the applicant may appeal such decision in accordance with the applicable rules. A tie vote, or deadlock, constitutes a denial unless the applicant requests a continuance of the item to a subsequent meeting at which a quorum is present, prior to a vote to deny the item.
RULE 25. On matters of procedure or order of business the Chairperson may make a motion and without a second and after calling for objection and hearing none, so order. In the event of objection, the Chairperson shall call for a second and a roll call vote.
MISCELLANEOUS
RULE 26. The Commission shall conduct their duties in keeping with the governing standards as provided by the Planning Commission Standards of Conduct document, maintaining the highest level of professionalism during their tenure serving the residents of the City of St. Helena.
RULE 27. Unless otherwise provided by these Rules, all proceedings before the Commission shall be conducted in accordance with and pursuant to the parliamentary rules of procedure as prescribed in “Rosenbergs’s Rules ofOrder.”
RULE 28. Testimony and argument relative to any other item on the agenda shall generally follow the procedure for a Public Hearing as may be modified at the discretion of the Chairperson.
RULE 29. Any rule of these By-Laws may be altered, amended, or repealed by majority vote of the Commission (subject to approval by the City Council), except that such alteration, amendment, or repeal shall not affect any pending matter.
RULE 30. Any rule of these By-Laws may be temporarily suspended by unanimous consent of the Commission.
RULE 31. A Resolution of the Planning Commission may be adopted conditionally and referred to the Secretary of the Commission for drafting in proper form.
Agenda Item #10.14.
Planning Commission By-Laws
July 17, 2018
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RULE 32. Commission members shall decide for themselves whether they have a conflict of interest on any matter before the Commission. Such determination shall be made in accordance with State law and the City of St Helena Protocol for Committee, Commissions and Boards or any amendment thereto. When a member has disqualified himself/herself, he/she shall remove himself/herself from the dais stating their reasons for conflict of interest. The member shall also remove himself/herself from the meeting room, unless they are permitted to remain for a qualified interest as set forth in State law.
RULE 33. Failure to adhere to any of these rules does not result in the invalidation of any decision or action of the PlanningCommission.
RULE 34. Any violation of these rules does not result in a cause of action against the City of St.
Helena.
RULE 35. Subject to compliance with all established laws and regulations, any violation of these rules shall not impact the outcome of a vote or action on a specific project.
Amended, Approved and Adopted at a Regular Meeting of the Planning Commission on July 17, 2018, by the following roll call vote:
MOTION CARRIED BY THE FOLLOWING ROLL CALL VOTE:
AYES: Commissioners Ponte, Monnette and Hardy
NOES: None
ABSENT: Commissioner Knudsen
ABSTAIN: None
Agenda Item #10.14.
Agenda Item #10.14.
RESOLUTION NO. 2023-128
A Resolution of the City Council of the City of St. Helena 1) Rescinding Resolution 2014-45 Protocol for Committees, Commissions and Boards; and 2) Rescinding Resolution 2022-72 Amending Council Rules of Procedure and 3) Approving Combining and Reestablishing Protocols for the City Council, Committees, Commissions and Boards Rules of Procedure for the Conduct of Meetings & Standards of Conduct
RECITALS
A. N July 8, 2014, the CityCouncil adopted Resolution No. 2014-45, establishing the protocols for Committees, Commissions and Boards; and
B. On August 9, 2022, the City Council adopted Resolution No. 2022-72, adopting the most recent amended version of the City Council Rules of Procedure for the Conduct of Council Meetings & Standards of Conduct (the “Rules of Procedure”); and
C. The City Council desires to amend the protocols for the City Council, Committees, Commissions and Boards to combine protocols for all elected and appointed bbdies.
RESOLUTION
NOW, THEREFORE, BE IT RESOLVED The City Council of the City of St. Helena, California, does resolve as follows:
1. The CityCouncil of the City of St. Helena hereby finds and determines that the foregoing recitals are true and correct; and
2. The City Council rescinds Resolution 2014-45 Protocol for Committees Commissions and Boards; and
3.The City Council rescinds Resolution 2022-72 Amending Council Rules of
4. This Resolution combines and reestablishes protocols for the City Council, Committees, Commissions and Boards Rules of Procedure for the Conduct of Meetings & Standards of Conduct shall take effect immediately upon its adoption.
Agenda Item #10.14.
PASSED, APPROVED AND ADOPTED by the City Council of t
h
e
Cit of St.
y Helena, California, at a regular meeting held on September 26, 2023, byfollo t win
g
vote:
Mayor Paul Dohring: YES
Vice Mayor Eric Hall: YES
Council Member Anna Chouteau: YES
Council Member Lester Hardy: YES
Council Member Billy Summers: YES
APPREVED:
ATTEST:
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City
Agenda Item #10.14.
Exhibit A
CITY COUNCIL, BOARDS,
COMMITTEES & COMMISSIONS
RULES OF PROCEDURE FOR THE
CONDUCT OF MEETINGS
&
STANDARDS OF CONDUCT
Agenda Item #10.14.
2 TABLE OF CONTENTS
1. PURPOSE .....................................................................................................4
1.1 Council-Manager Form of Government ..............................................4
1.2 City Council Vision and City Council Mission......................................4
2. RULES OF PROCEDURE FOR THE CONDUCT OF
COUNCIL MEETINGS ……….......................................................................5
2.1 Regular Meeting..................................................................................6
2.2 Special, Emergency, and Adjourned Meetings ...................................6
2.3 Regular Meeting Agenda ....................................................................7
2.4 Public Testimony and Comments Before the Council.........................7
2.5 Roll Call and Voice Votes ...................................................................9
2.6 Consent Items …………………………................................................9
2.7 Reports………………………………….................................................9
2.8 Closing Time of Council Meetings ......................................................9
2.9 Old Business…………………… ........................................................10
2.10 New Business…………………… ......................................................10
2.11 Office of the Mayor……………………...............................................10
2.12 Office of Mayor Pro Tempore (Vice Mayor) …………………… ........11
2.13 Action by the Council…………………… ...........................................11
2.14 Adoption by Majority Vote…………………… ....................................11
2.15 Discussion……………………............................................................11
2.16 Ratification of Actions……………………...........................................12
2.17 Procedural Motions…………………… ..............................................12
2.18 Withdrawal of Motion……………………............................................13
2.19 Duty to Vote…………………… .........................................................13
2.20 Introduction and Passage of Ordinance……………………...............13
2.21 Closed Sessions…………………… ..................................................13
2.22 Quorum…………………… ................................................................14
2.23 Teleconference Attendance Of Council Members At Council Meetings……………………...............................................................15
2.24 Public Hearings…………………… ....................................................24
2.25 Appointments to Committees and Boards……………………............24
2.26 Protocol for Committees, Commissions and Boards(CCB)…………25
2.27 Rosenberg’s Rules of Order: Simple Parliamentary Procedures Agenda Item #10.14.
3 for the 21st Century……………………..............................................31
3. CITY COUNCIL STANDARDS OF CONDUCT ..........................................31
3.1 Policy Purpose…………....................................................................31
3.2 Ethics…………..................................................................................31
3.3 Code of Ethics and Conduct………. .................................................35
3.4 Enforcement and Sanctions..............................................................40
3.5 Implementation………….. .................................................................41
APPENDIX
Exhibit–Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century
Agenda Item #10.14.
4 1. PURPOSE
The purpose for establishing City Council Protocols is to provide an effective environment for the City Council to provide leadership. The protocols may be amended by resolution adopted by a majority vote of the Council Members and should be reviewed on a regular basis to ensure that the document remains helpful to the Council by providing a framework for effective leadership.
The protocols set forth herein are not intended to limit the inherent power and general legal authority of the City Council. Any of the protocols herein may be waived by a majority vote of the Council Members when it is deemed that there is good cause to do so based upon the particular facts and circumstances.
1.1 Council-Manager Form of Government
The City of St. Helena operates according to the Council-Manager form of government which vests authority in an elected City Council which, in turn, hires an appointed executive, the City Manager. The City Council is composed of five members elected from the City on a nonpartisan basis to serve overlapping four-year terms. The Mayor is elected at-large to serve a two-year term as presiding officer at City Council meetings and as the official head of the City for legislative and ceremonial purposes. The City Manager is appointed by the City Council and serves at the pleasure of that body.
The City Council is the City’s legislative and policy-making body. Acting as a whole, the City Council is responsible for setting the direction of City policy and for adopting ordinances, resolutions and other orders as necessary for governing the City. The City Manager is responsible for the overall administration of the City, which includes implementation of the general policies set by the City Council in addition to the day-to-day operation of all City functions. The City Manager, with the help of the Staff, provides the City Council with the information needed to fulfill its policy-making role.
The Council-Manager form of government separates legislative and executive responsibilities in a manner similar to state and federal governments. This system provides "checks and balances" of both policy and administrative branches of government by limiting the power of each.
1.2 City Council Vision and City Council Mission
Council Vision
St. Helena strives to be a diverse, inclusive, family-friendly, economically and environmentally sustainable community which prudently manages all of its resources, continues to improve its infrastructure, ensures its water security, provides a full range of housing, business, cultural and Agenda Item #10.14.
5 recreational opportunities and cherishes its historic, small-town character, beautiful natural environment and high quality of life.
Council Mission
The City of St. Helena is dedicated to serving its citizens by:
• Promoting a culture of equity, diversity and inclusion • Supporting thriving families and ensuring the health and wellbeing of our youth
• Ensuring our long-term economic sustainability and focusing on new and diverse sources of revenue
• Preventing, preparing for, and mitigating fire and other local emergencies
• Improving and maintaining City infrastructure
• Updating our water management policies to ensure an adequate water supply
• Responding innovatively to climate change challenges and adopting environmentally sustainable best practices
• Preserving our historic, small-town, rural character
• Expanding recreational, active transportation and cultural opportunities • Facilitating innovative, well-designed housing for residents of all backgrounds, ages and income levels
• Encouraging full civic participation and ongoing communication • Strengthening regional collaboration with other public entities and building partnerships with local service providers and stakeholders (See Resolution Number 2021-62, dated May 11, 2021.)
2. RULES OF PROCEDURE FOR THE CONDUCT OF COUNCIL MEETINGS
2.1 Regular Meeting
The Council shall hold a Regular Meeting on the second and fourth Tuesday of each month, except that the Council may by motion at a Regular Meeting and with adequate public notice, either cancel that meeting or reschedule it to some other date.
Regular Meetings shall be held at the Vintage Hall Board Room, 465 Main Street, St. Helena, and shall begin at 6:00 p.m. If it is necessary to hold a closed session prior to the start of a Regular Meeting the closed session may begin earlier than the normal starting time to allow the Regular Meeting to begin at 6:00 p.m. Closed session may also occur after a regular meeting was adjourned or outside of a regular meeting day. The closed session shall begin in an open meeting and the Council shall adjourn to closed session.
Agenda Item #10.14.
6 2.2 Special, Emergency, and Adjourned Meetings
(a) Special Meetings. The Mayor or the Vice Mayor in the Mayor’s absence or a majority of the members of the Council or the City Manager may at any time call a Special Meeting. At least twenty-four hours before a Special Meeting, written notice of the meeting stating its time and place and the subjects to be considered shall be (a) delivered to the Mayor and each Councilmember personally or by any other means; (b) posted on the Council’s principal bulletin board, City website and place of meeting; and (c) emailed to the agenda subscribers. Only those items of business specified in the notice may be considered at a Special Meeting called in this manner.
(b) Emergency Meeting. The Council may hold an Emergency Meeting in emergency situations as set forth in the City’s Municipal Code and State Law.
(c) Adjourned Meeting. A properly called Regular, Special, or Emergency Meeting may be adjourned to a time and place specified. A copy of the notice of adjournment shall be posted as specified on the door of the place where the meeting was held within twenty-four hours after the time of the adjournment. Further notice need not be given of an adjourned session of a properly called Regular, Special, or Emergency Meeting.
2.3 Regular Meeting Agenda
(a) Setting and Posting of Agenda. The agenda of business to come before the Council at a Regular Meeting shall normally be closed at the end of eighteen business days preceding the meeting. Under State Law the agenda for a Regular Meeting must be posted at least seventy-two (72) hours prior to the scheduled convening of the Regular Meeting, and no items may be added to the agenda fewer than seventy-two (72) hours prior to the meeting except as may be allowed by State Law. The City Council endeavors to publish the meeting agenda as early as possible prior to the meeting, but no later than 72 hours in advance.(b) Placing Items on the Council Agenda. Each City Council agenda shall specifically provide for a discussion of Future Agenda Items. Any Council Member may request that an item be considered on a future agenda during that portion of the City Council meeting and, upon agreement by a second Council Member concurring that Staff time and City resources should be expended on the item, the item shall be placed on the soonest practical regularly scheduled Council meeting as determined by the City Manager. A member of the public may request that an item be placed on a future agenda during Public Forum or through other communication with a Council Member. Staff reports may not be prepared on Council Member requested items until Council discussion has occurred and direction provided by the Council unless Staff otherwise determines. If Council action is contemplated, proposed action shall be included in the Staff Agenda Item #10.14.
7 report. The City Manager may also add any item of business to a future agenda in his or her sole discretion.
(c) Agenda Packet Distribution. Each Councilmember shall be furnished an e-agenda by no later than 5:00 p.m., on the Friday prior to the regular meeting. However, staff will strive to publish the agenda as early as possible. The requirement is to publish 72 hours in advance meeting Brown Act guidelines. The agenda and agenda materials shall be available for public inspection and distribution or copying at that the time of publication. Any agenda materials not included in the agenda package by 5:00 p.m., that Friday shall be separately identified, and the Council may by majority vote continue such agenda item until the following meeting to allow for proper study of the materials.
(d) Order of Agenda. The business of the Council shall be taken up for consideration in substantially the following order except as may be otherwise ordered:
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4. Adoption of the Agenda
5. Approval of the Minutes
6. Public Forum
7. Reports by Staff and City Council, Future Agenda Items and AB 1234 Reports
8. Presentations and Public Recognitions
9. Staff Briefing
10. Consent Items and Items Removed from Consent
11. Public Hearings
12. Old Business
13. New Business
14. City Council Reports
15. Adjournment
(e) A copy of the agenda and the package of agenda materials shall be made available for public inspection at City Hall.at or near the time they are circulated to the City Council.
2.4 Public Testimony and Comments Before the Council
(a) Addressing the Council Generally. Each person addressing the Council may give their name and address (optional) in an audible tone of Agenda Item #10.14.
8 voice for the record. Each person’s comments are limited to four minutes except as provided in section (b) regarding land use Public Hearings. In the further interest of time, the Mayor may reduce the four-minute time limit for all speakers in circumstances where a large number of citizens intend to make public comments. Additionally, speakers may be asked to limit their comments to new materials and not repeat what a prior speaker said. Organized groups may choose a single spokesperson who may speak for the group. Speakers may not concede their allotted time to another speaker. The Mayor may extend time for the speaker. (b) Addressing Council at Land Use Public Hearings. An applicant appellant at a land use Public Hearing shall be permitted to address the Council for 15 minutes following the Staff report. If there is a spokesperson for the opposition, the spokesperson shall be permitted to speak for 15 minutes. All other speakers are limited to four minutes each.
Applicant shall first be permitted five minutes at close of public comments for rebuttal. If the applicant is the appellee the appellant shall have 15 minutes, the applicant appellee shall have 15 minutes, the appellant five minutes, and the applicant appellee five minutes.
(c) Presentation by Spokesperson. Whenever any group of persons wishes to address the Council on the same subject matter, it shall be proper for the Mayor to request that a spokesperson be chosen by the group to address the Council, and, in case additional matters are to be presented at the time by any other member of the group, to limit the number of persons so addressing the Council so as to avoid unnecessary repetition before the Council.
(d) Irrelevant Testimony. The Mayor shall rule out of order any testimony not relevant to the agenda item then under discussion.
(e) Protocol. The purpose of public testimony is for Councilmembers to benefit from the views of the public. Comments from the public should be directed towards the Council. Councilmembers and Staff should avoid entering into a dialogue with members of the public who may address the Council. Questions raised by members of the public may be referred to Staff.
(f) Public Comment on Agendized Items. Members of the public are entitled to speak on any item on the agenda during a Public Hearing on the subject matter opened by the Mayor. Each person is entitled to speak on any agenda item only once at any meeting, and the right to speak at the appropriate time waives any further right to address the Council on that item at that meeting. Participation in debate on any item before the Council shall be limited to members of the Council, although Councilmembers may ask members of the public for additional information.
Agenda Item #10.14.
9 Written communications addressed to the City Council are to be referred to the City Clerk for:
Forwarding to the Council and posting to the appropriate agenda packet item. Written communication must be received at least three hours prior to the meeting to be included in the agenda packet.
Written communication will not be read aloud at the meeting. (g) Public Comment on Non-Agendized Items. Members of the public are entitled to speak on matters of municipal concern not on the agenda, during consideration of that portion of the meeting agenda entitled “Public Forum” when that item is called by the Mayor. Each person is entitled to speak on non-agendized items only once at any meeting. Brief questions by Councilmembers for clarifications may be posed and answered, and Councilmembers may make requests that items be placed on future agendas, but in accordance with State Law, no substantive discussion may take place unless and until the matter properly appears on the agenda.
2.5 Roll Call and Voice Votes
A roll call vote shall be taken on the approval of the Consent Calendar, the introduction of ordinances, and the adoption of ordinances, resolutions, and orders for the payment of money. Roll call votes shall be entered in the minutes of the Council showing those members voting yes, those voting no, and those abstaining or absent.
Any other motion may be passed by voice vote provided, however, that any Councilmember may request a roll call vote on any items to be voted on.
2.6 Consent Items
Those items on the agenda considered routine by the City Manager shall be grouped together under “Consent Items” and the recommended actions approved by a single vote of the Council. At the request of any Councilmember or any other person present at the meeting, a Consent Item shall be considered separately following approval of the remaining “Consent Items.” Items approved under the heading “Consent Items” will appear in the Council minutes in their proper form, as if approved item by item.
2.7 Reports
Under the agenda heading “Reports” the City Manager, other City Staff, and Councilmembers may make reports on matters not on the agenda. Also at this time, Councilmembers or Staff may identify issues or agenda items that need to Agenda Item #10.14.
10 be addressed by the City Attorney during the meeting, and may propose future agenda items.
2.8 Closing Time of Council Meetings
Council meetings shall adjourn by 9:00 p.m. However, the Council may by majority vote extend the meeting up to an additional thirty minutes (9:30 p.m.) if the Council deems such extension necessary. A unanimous Council vote shall be required to extend the meeting past 9:30 p.m. and adjourn by 10:00 p.m.
Otherwise, the meeting shall be adjourned to another day acceptable to the Council, or unfinished business may be continued to the next regular meeting.
2.9 Old Business
“Old Business” will include uncompleted items carried over from a prior meeting agenda and placed under this agenda heading for consideration.
2.10 New Business
The Council shall not consider any resolution, motion, or matter which does not affect the conduct of the business of the City of St. Helena or its corporate powers or duties as a municipal corporation nor shall the Council consider any resolution or motion supporting or disapproving any legislation or action pending in the Legislature of the State of California, the Congress of the United States or before any officer or agency of the State or Nation unless such proposed legislation or action, if adopted, will affect the conduct of the municipal business or the powers and duties of the City of St. Helena or its officers or employees as such.
2.11 Office of the Mayor
The Mayor shall preside at meetings of the Council, shall be entitled to vote on all matters, and shall be considered a Councilmember for all purposes, including the determination of whether a quorum is present. The Mayor will recognize members that wish to speak.
The Mayor shall have the following powers:
a) To rule motions in or out of order, including any motion patently offered for obstructive or dilatory purposes;
b) To enforce the Council’s rules regarding public testimony and to determine whether a speaker has gone beyond reasonable standards of courtesy in his or her remarks and to entertain and rule on objections from other members on this ground;
c) To ensure that the public has reasonable opportunity to be heard; d) To entertain and answer questions of parliamentary law or procedure; e) To call a brief recess at any time;
Agenda Item #10.14.
11 f) To adjourn in an emergency;
g) To appoint a Vice Mayor subject to Council approval who shall serve during the term of the Mayor, and becomes the Mayor Pro Tempore in the Mayor’s absence.
2.12 Office of Mayor Pro Tempore
A Councilmember who serves as Mayor pro tempore shall be entitled to vote on all matters and shall be considered a Councilmember for all purposes, including the determination of whether a quorum is present. In the Mayor’s absence, the Mayor pro tempore shall have the Mayor’s powers and duties. If the Mayor should become physically or mentally unable to perform the duties of his or her office, the other Councilmembers may by unanimous vote declare the Mayor is incapacitated and confer the Mayor’s powers and duties on the Mayor pro tempore.
When the Mayor declares that he or she is no longer incapacitated, and a majority of the Council concurs, the Mayor shall resume the exercise of his or her powers and duties. If both the Mayor and the Mayor pro tempore are absent from a meeting, the Council may elect from among its members a temporary chair to preside at the meeting.
2.13 Action by the Council
Action by the Council shall be by motions made and voted upon. A motion shall require a second. The Mayor and any other Councilmember may make or second a motion. A substantive motion is out of order while another substantive motion is pending.
2.14 Adoption by Majority Vote
A motion shall be adopted by a majority of the votes cast, a quorum being present, unless otherwise required by these rules or the laws of California.
Resolutions, orders for the payment of money, and all ordinances require at least three votes for passage.
2.15 Discussion
The City Council shall address an agenda item as follow:
(a) Staff shall introduce the agenda item and present the Staff report. (b) City Council shall ask questions of Staff.
(c) The Mayor will invite public comment on the item.
(d) Having received all public testimony, the Council will deliberate on the matter.
Agenda Item #10.14.
12 (e) If appropriate, the Mayor will entertain a motion, including any motion proposed by the Mayor.
(f) If a motion has received a second, the Mayor shall state the motion and if any Council Member wishes for the discussion, open for additional Council discussion.
(g) The Mayor shall preside over the discussion according to the following general principles:
1. The maker of the motion is entitled to speak first;
2. A person who has not spoken on the issue shall be recognized before someone who has already spoken;
3. To the extent possible, the discussion shall alternate between opponents and proponents of the measure.
2.16 Ratification of Actions
To the extent permitted by law, the Council may ratify actions taken on its behalf but without its prior approval. A motion to ratify is a substantive motion.
2.17 Procedural Motions
(a) In addition to substantive proposals, the following procedural motions, and no others, shall be in order. Unless otherwise noted, each motion is debatable, may be amended, and requires a majority of the votes cast, a quorum being present, for adoption. (b) To Adjourn. The motion may be made only at the conclusion of action of a pending substantive matter; it cannot interrupt deliberation of a pending matter.
(c) To Take a Brief Recess.
(d) Call to Follow the Agenda. The motion must be made at the first reasonable opportunity, or the right to make it is waived for the outof-order item in question. (e) To Suspend the Rules. The motion requires for adoption a vote of a majority of the quorum of the Council. The Council may not suspend provisions of the rules that are state requirements imposed by law on the Council.
(f) To Divide a Complex Motion and Consider It by Paragraph. (g) To Call the Previous Question. The motion is not in order until every member has had an opportunity to speak once.
(h) To Continue an Item to a Future Meeting Certain.
(i) To Refer to Staff for Action.
Agenda Item #10.14.
13 (j) To Amend. An amendment to a motion must be pertinent to the subject matter of the motion. An amendment is improper if the amended motion has the same effect as rejection of the original motion. A motion may be amended, and that amendment may be amended, but no further amendments may be made until the last amendment is disposed of by a vote.
(k) To Reconsider. The motion must be made by a member who voted with the prevailing side, and only at the meeting during which the original vote was taken, including any continuation of that meeting through adjournment to a time and place certain, or at the next Regular Meeting unless intervening actions taken based on the original action make such reconsideration impracticable. The motion cannot interrupt deliberation on a pending matter, but is in order at any time before final adjournment of the meeting. (l) To Rescind or Repeal a Previous Action. A motion to rescind or repeal a previous action is not in order if the rescission or repeal is forbidden by law or made inappropriate by virtue of actions taken in accordance with the previous action.
(m) To call for a Straw Vote. The Mayor, at the Mayor’s discretion, may call for a Straw Vote among members on any item prior to inviting public testimony or Council comment.
2.18 Withdrawal of Motion
A motion may be withdrawn by the introducer at any time before a vote, with or without the consent of any “seconder” of the motion. However, any other Councilmember may ask to be considered the introducer of the motion and, if again seconded, debate may continue without further interruption.
2.19 Duty to Vote
Every member must vote on every item unless prevented from doing so by virtue of an actual or potential conflict of interest under applicable State Law. Any member who believes he or she has a conflict or potential conflict of interest must announce such at the initiation of discussion or when such conflict or potential conflict becomes apparent, and shall refrain from any part in the debate, deliberations, or voting on that issue, except as allowed by State Law.
2.20 Introduction and Passage of Ordinance
A proposed ordinance shall be deemed to be introduced on the date the subject matter is first voted on by the Council. The Mayor shall read the title of the ordinance, after which a roll call vote shall be taken to introduce the ordinance.
The City Clerk shall then read the ordinance in its entirety unless such reading is waived by a separate motion adopted by unanimous vote of the Councilmembers Agenda Item #10.14.
14 present. An ordinance, other than an urgency, may not be passed within five days of its introduction or alteration. Corrections of typographical or clerical errors are not alterations.
2.21 Closed Sessions
(a) The Council may hold closed sessions only as provided for by law and according to the provisions herein.
(b) As part of any regular or special City Council meeting as appropriate, the City Council, the City Attorney, and relevant Staff may discuss and agree upon the need for any future closed sessions, including the legal authority for the closed session and the nature of the matter to be discussed, in adequate detail to meaningfully inform the public while maintaining required confidentiality and any applicable attorney-client privilege. Where the City Manager and City Attorney agree that the nature of a matter requires consideration in closed session, the requirement for prior open session discussion shall not apply.
(c) The City Council agenda for any regular or special Council meeting shall include general information about closed sessions as follows:
The City Council will convene in open session at the
stated time, but will then adjourn to address any
closed sessions items listed on the agenda. The
public is invited to address the Council with comment
on any listed closed session item immediately prior to
Council’s adjournment into closed session or
consistent with any other provisions permitting public
comment. The Council will reconvene in Public
Session at 6:00 p.m. or at the first Council meeting
following any closed session. At that time, if
appropriate and as required under the Brown Act, any
actions taken during the preceding closed session will
be announced by the City Attorney or Mayor. If
necessary, the Council may reconvene in closed
session to continue discussion of listed items
following the completion of open session business.
(d) The City Council agenda for any regular or special Council meeting at which the Council will adjourn to closed session shall provide notice of that closed session as provided for under the Brown Act and shall include a narrative description of the legal authority for the closed session and the nature of the matter to be discussed in adequate detail to inform the public while maintaining required confidentiality or any applicable attorney-client privilege. Reporting out of closed session shall be consistent with the requirements of Brown Act, and may be of greater detail than required when the Agenda Item #10.14.
15 disclosure of such detail is not inconsistent with maintaining required confidentiality and any applicable attorney-client privilege.
2.22 Quorum
A majority of the actual membership of the Council, including the Mayor but excluding vacant seats, shall constitute a quorum. A member who has withdrawn from a meeting without being excused by majority vote of the remaining members present shall be counted as present for purposes of determining whether or not a quorum is present.
2.23 Teleconference Attendance Of Council Members At Council Meetings (a) The City Council Procedures provisions concerning Teleconference Attendance shall apply to all Boards and Commissions as well as the City Council. Requests by Council Members to attend a Council meeting via teleconference appearance are actively discouraged. (b) Effective January 1, 2023, Assembly Bill 2449 amended the Brown Act, California Government Code Sections 54950 et seq., as it pertains to teleconference meeting participation by legislative body members.
• Applicability
(c) When a legislative body member wishes to attend a legislative meeting by teleconference under the provisions of Assembly Bill 2449, codified at California Government Code Section 54953(f) et seq., the following policies and procedures shall apply. Nothing herein is intended to prevent a member’s ability to attend a legislative meeting remotely if such attendance is otherwise authorized by Government Code Section 54953.
• Terms
(d) “Chairperson” shall mean the Mayor or Chair of the legislative body, as applicable. “Vice-Chairperson” shall mean the Vice Mayor, or Vice-Chair of the legislative body, as applicable.
“City” shall mean City of St. Helena
“Description” shall mean a brief general description of a legislative body member’s circumstances that warrant teleconference meeting attendance under the “Just Cause” exception or “Emergency Circumstances” exception, which need not exceed 20 words and need not to disclose any medical diagnosis, disability, or exempt personal medical information. (GC 54953(f)(2)(A)(i)–(ii)) “Disclosure” shall mean an announcement by the Member, made during the legislative meeting where the Member will attend by teleconference, disclosing the presence of other individuals over the Agenda Item #10.14.
16 age of 18 in the room at the Member’s teleconference location, and the general nature of the individual’s relationship to the Member. (GC 54953(f)(2)(B))
“Legislative body” shall have the same meaning as prescribed by Government Code Section 54952, i.e. a body that is subject to the Ralph M. Brown Act.“ Meeting” and “legislative meeting” shall have the same meaning as prescribed by Government Code Section 54952.2, i.e. a meeting of a legislative body that is required to be noticed under the Ralph M. Brown Act.
“Member” shall mean a member of a legislative body.
“Notification” shall mean a notification from a legislative body member of the Member’s need to attend a meeting by teleconference under the “Just Cause” exception. Notifications shall not require legislative body approval. (GC 54953(f)(2)(A)(i))
“Request” shall mean a request from a legislative body member that their legislative body actively approve their request to attend a meeting by teleconference under the “Emergency Circumstances” exception. (GC 54953(f)(2)(A)(ii))
“Teleconference” attendance at a legislative meeting, for purposes of this policy, shall be presumed to be accomplished by Zoom or the equivalent two-way audio-visual virtual software platform in use by the City at that time. “Teleconference” attendance shall mean attendance solely by virtual platform and shall not include a Member who attends a meeting in person and secondarily views the meeting by virtual platform. Provisions of this policy shall apply only to teleconference attendance under AB 2449 and shall not constrain the Member’s ability to attend by teleconference under other sections of the Brown Act.
• Available Exceptions for Teleconference Attendance
The Member shall be responsible for determining which of the two available exceptions is applicable to the Member’s need to attend by teleconference. The Member’s determination shall not be investigated by staff as to the veracity of any such request or claim.
Such determination shall be subject to review by the legislative body alone. The available exceptions are:
1. “Just Cause” (GC 54953(f)(2)(A)(i))
Agenda Item #10.14.
17 2. “Emergency Circumstances” (GC 54953(f)(2)(A)(ii)) • Exceptions Defined
Exception #1: “Just Cause” circumstances are defined as any one of the following:
a. Caregiving of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires a member to participate remotely.
b. A contagious illness that prevents the member from
attending in person.
c. A need related to a physical or mental disability.
d. Travel while on business of the legislative body or another state or local agency.
Exception #2: “Emergency Circumstances” are defined as a physical or family medical emergency that prevents a member from attending in person.
The foregoing definitions are set forth in this policy for convenience; in the event applicable law is changed to amend the nature of qualifying teleconference circumstances, the amended law shall supersede this section. • Limitation on Number of Uses
Members may attend meetings by teleconference under AB 2449 no more than the following number of times per calendar year:
a. City Council: Four (4) meetings per year
b. Planning Commission: Four (4) meetings per year
c. All other Boards, Committees and Commissions: Two (2) meetings per year
The above limitations shall factor in all meetings noticed under the Brown Act, whether Regular, Special, Closed, Joint, or otherwise. In the event a Member attends by teleconference multiple, contiguous meetings held on the same date, each meeting shall be counted separately.
1. Notwithstanding any other provision, a Member may utilize the “Just Cause” exception no more than two (2) times per calendar year.
Agenda Item #10.14.
18 2. Notwithstanding any other provision, a Member may not attend meetings solely by teleconference for a period of more than three consecutive calendar months.
a. In the event a Member attends meetings solely by
teleconference for a period of three consecutive calendar months, or attends meetings by teleconference the maximum number of allowable times per year, the Member must either attend in person; attend by other permissible teleconference provisions; or be counted as absent, for the remaining meetings in that calendar year.
• Procedure for Legislative Body Members
A Member wishing to avail themselves of the “Just Cause” exception shall adhere to the following:
1. Notification of the member’s need to attend by
teleconference, along with the required description of the circumstances creating the need, shall be made in writing prior to the meeting, and/or orally at the start of the subject meeting or during any prior meeting.
a. If the notification and description are delivered prior to the meeting, the Member shall submit the notification and
description:
b. In writing by email;
c. To the entire legislative body, preferably to the body’s group email address;
d. With a copy to staff.
Such communication to the entire legislative body shall be deemed to be not in violation of the Brown Act.
1. If the notification and description are delivered during a meeting prior to the meeting where the Member wishes to attend by teleconference, the Member shall make the required notification and description during the Member Comments order of business.
2. If the notification and description are delivered at the start of the subject meeting, the Member shall be present on the Agenda Item #10.14.
19 teleconference platform at the time the meeting is convened, and at the prompting of the Chairperson, shall make the required notification and description during the meeting prior to the attendance roll call. (Refer to Section 3 below.)
3. The Member shall disclose the presence of any other adults in the room at the teleconference location, and the general nature of their relationship to the member, during the subject meeting. This requirement shall apply regardless of the timing of the notification and description.
4. A Member wishing to avail themselves of the “Emergency Circumstances” exception shall adhere the following:
a. A request that the legislative body approve the Member’s request to attend by teleconference, along with the required description of the circumstances creating the need, shall be made in writing prior to the meeting, and/or orally at the start of the subject meeting.
b. If the request and description are delivered prior to the meeting, the Member shall submit the request and description:
•In writing by email;
•To the entire legislative body, preferably to the body’s group email address;
•With a copy to staff.
Such communication to the entire legislative body shall be deemed to be not in violation of the Brown Act, so long as there is no discussion of any item of business within the legislative body’s jurisdiction. Regardless, the legislative body’s action to approve or deny the teleconference request must be taken during a noticed meeting.
b. If the request and description are made at the start of the subject meeting, the Member shall be present on the
teleconference platform at the time the meeting is convened, and at the prompting of the Chairperson, shall make the required request and description during the meeting prior to the attendance roll call. (Refer to Meeting Procedures, below.) Agenda Item #10.14.
20 5. The legislative body must move to approve or deny the request during the meeting prior to the attendance roll call. (Refer to Meeting Procedures, below.)
6. The Member shall disclose the presence of any other adults in the room at the teleconference location, and the general nature of their relationship to the member, during the subject meeting. This requirement shall apply regardless of the timing of the request and description.
7. Notwithstanding any other provision, teleconferencing Member(s) shall participate through both audio and visual technology. Members may mute their microphone while not speaking, but Members shall be visible through the visual technology at all times during the meeting. In the event a member is not visible, the member shall be noted as absent during that period.
• Recordkeeping
The Member shall be responsible for assuring that any description, notification, request, and/or disclosure related to teleconference attendance are made in a manner that may be placed into the meeting record.
1. To the extent that the Member’s notification, description and/or request is delivered prior to the meeting, staff shall archive the written communication as agenda correspondence along with the meeting record.
2. To the extent that the Member’s notification, description, request, and/or disclosure is delivered during a legislative meeting, staff shall record the same in the minute record, along with record of the legislative body’s action to approve or deny any “Emergency Circumstances” requests.
3. The legislative body’s Minute Clerk shall keep data regarding each Member’s use of teleconference attendance provisions under AB 2449, and apprise the Chairperson if any Member has reached their annual limit. (Refer to Limitation on Number of Uses, above.) • Meeting Procedures
Business to be conducted by the legislative body relating to compliance with these regulations shall be conducted after the Call to Order, but prior to the Agenda Item #10.14.
21 attendance roll call, of the meeting where a Member will or may attend by teleconference. The Chairperson shall be responsible for the conduct of this portion of the meeting, with assistance from staff if needed. All related business shall be conducted in a manner that is evident to other meeting attendees and may be recorded in the meeting record. Such business to be conducted prior to attendance roll call shall include, and be conducted in substantially this form:
1. If any Member is not present in person and the Chairperson is not aware of the Member’s planned absence, the Chairperson shall acknowledge that the Member either is, or may be, present on the teleconference platform.
2. If necessary, staff shall confirm whether the Member is present on the teleconference platform.
3. If the Member is present on the teleconference platform:
a. If the Member has made their notification or request in writing prior to the meeting: The Chairperson shall note for the record that the Member has submitted a notification and description of the need to attend the meeting by teleconference under the “Just Cause” exception; or made a request and description to be permitted to attend by teleconference under the “Emergency Circumstances” exception.
b. If the Member has not made their notification or request in writing prior to the meeting: The Chairperson shall prompt the Member make their notification of the need to attend the meeting by teleconference, and description of the
circumstances giving rise to the need under the “Just Cause” exception; or make their request to be permitted to attend by teleconference, and description of the circumstances giving rise to the need under the “Emergency Circumstances” exception. c. If the Member makes a request to be permitted to attend by teleconference under “Emergency Circumstances” exception, whether before or during the meeting:
i. Any Member present in person may move to add an
item of business to the agenda on an urgency basis to allow the legislative body to act on the Member’s request. If no Agenda Item #10.14.
22 motion is forthcoming, the Chairperson shall so move. Such action shall comply with Government Code Section
54954.2(b).
ii. Thereafter, the Chairperson shall ask the remaining Members to either approve or deny the request. Any
Member may move approval or denial, but if no motion is forthcoming, the Chairperson shall so move. Members shall consider the request in good faith and shall not capriciously deny the request. The request shall be deemed approved if at least a majority (at least 2 of 3, or 3 of 4) of the Members present in person consent.
d. The Chairperson shall, finally, prompt the Member to disclose the presence of any other individuals over the age of 18 in the room at the Member’s remote location, and the general nature of the individual’s relationship to the Member.
Notwithstanding any other provision, this disclosure shall be made on record during the meeting.
e. If the Member is not present on the teleconference platform; if the Member refuses to make the required requests or
disclosures; or if the Member’s request to attend under the “Emergency Circumstances” exception is made but not
approved, the Member shall be recorded as absent. (Refer to Failure to Comply, below.)
f. This process shall be repeated for each Member not present in person who does, or may, wish to attend the meeting by teleconference.
g. The Chairperson shall then prompt the Meeting Clerk to proceed to attendance roll call.
4. In the event the Chairperson wishes to attend a meeting by teleconference, the Vice-Chairperson, if present in person, shall be responsible for performing the Chairperson’s duties as outlined above. Thereafter, the teleconferenced Chairperson may chair the remainder of the meeting, or may ask that the Vice-Chairperson do so.
Agenda Item #10.14.
23 5. In the event both the Chairperson and Vice-Chairperson wish the attend the meeting by teleconference; or in the event the Chairperson wishes to attend by teleconference and the ViceChairperson is absent, an Acting Chairperson shall be selected from among the Members attending the meeting in person, in order to perform the Chairperson’s duties as outlined above.
6. In the event three (3) or more Members attempt to join a meeting by teleconference; and/or in the event two (2) or fewer Members are present in person at the meeting location; staff shall announce that the meeting cannot be convened.
• Failure to Comply; Enforcement Measures
In the event a Member attempts to attend a meeting by teleconference in excess of the allowable number of times per year; in excess of three consecutive months; without making the necessary notices, requests, or disclosures; or if the Member’s request to attend under the “Emergency Circumstances” exception is made but not approved, the Chairperson shall, at the start of the meeting prior to the attendance roll call, ask the remaining legislative body members for concurrence to disallow the Member’s attendance at the meeting.
After such concurrence, staff shall permit the Member to remain on the teleconference platform, but shall demote the Member to a passive attendee, and note the Member as absent for the attendance roll call, and in the meeting record.
1. Repeated inability or refusal to comply with the provisions of this policy, or related laws, may be grounds for consideration of dismissal of an Advisory Body Member by the City Council.
2. In the event a Member’s inability or refusal to attend a meeting by teleconference in compliance with this policy, or related laws, results in the Member being recorded as absent from the meeting, existing policies and laws regulating legislative body member absences (including Bylaw provisions for Advisory Body Members, and Government Code Section 36513 for Council
Members) shall apply.
• Other Compliance Measures
In addition to the above provisions relating the conduct of legislative body members, whenever at least one Member attends a meeting by teleconference under AB 2449, staff shall be responsible for other applicable compliance measures, including but not necessarily limited to the following:
Agenda Item #10.14.
24 1. Staff shall assure that each posted agenda provides, and describes, means by which all members of the public may observe or attend the meeting and offer public comment.
2. Staff shall assure that members of the public are allowed to make public comment in real time during all allotted public comment periods while attending at a Member’s teleconferencing location, and shall give sufficient time for interested parties to indicate their interest in speaking, and request the Member to unmute their device, in order to allow them to comment via the teleconference platform.
3. Staff shall give notice of, and implement, a procedure for swiftly resolving requests for reasonable accommodations for individuals with disabilities.
4. All votes taken at a meeting where any Member attends by teleconference under the provisions of AB 2449 shall be taken by roll call vote.
• Conflict Between Law and Policy
In the event this policy conflicts with applicable state law, as exists or may be amended in the future, state law shall control, and the validity of the remaining sections of this policy shall be unaffected.
2.24 Public Hearings
Public Hearings shall be scheduled and notice published without any action required by the City Council, excepting that the Council may, if it so desires, scheduled a Public Hearing on an item of interest for a date certain. In order to accommodate members of the public responding to a noticed Public Hearing, such Hearings will, to the extent practicable, begin at 6:00 p.m. At the time designated for the Public Hearing, or soon after as is practicable, the Mayor shall direct the attention of the Council Members to the Staff report and Staff may respond to questions from Council members, after which the Mayor shall formally open the Public Hearing and members of the public shall be allowed to speak in accordance with the rules set forth elsewhere in these Rules of Procedure.
When the allotted time expires, or when no one wishes to speak who has not done so, the Mayor shall declare the hearing closed.
Following the close of the Public Hearing, the Council may discuss or take action on the matter in accordance with these rules. The Mayor may in his or her discretion allow questions and/or comments from the public after close of Public Hearing.
Agenda Item #10.14.
25 2.25 Appointments to Committees and Boards
The City Clerk posts a Notice of Vacancy in the City designated posting locations, the City’s website and sends a Media Release to the St. Helena Star advertising vacancies to Commissions, Committees and Boards.
Applicants must submit a completed application to the City Clerk and shall be interviewed by the Council at a special meeting prior to a regular meeting.
Applicants are requested to list references on their applications and individual Council Members may contact those references as part of the interview process.
Council Members contacting references should disclose this information during the appointment process.
Council reviews applicants for appointments to Commissions, Committees and Boards based on interviews and qualifications. At a council meeting following completion of the interviews, the Council shall discuss the applicants and open positions, including the Council members’ preferences for applicants. Following these deliberations, the Mayor shall nominate applicants and appointments are subject to approval by the majority of Council.
Depending on the qualifications of the applicants and the needs of the City, there may be times when the City Council does not appoint an applicant who has applied. If an applicant is not appointed, the City Clerk will automatically readvertise for the vacant position(s) to seek additional applicants.
2.26 Protocol for Committees, Commissions and Boards (CCB) St. Helena Committees, Commissions and Boards (CCB) function under the direction of the City Council on behalf of the City and its residents. The Council establishes committees by ordinance or resolution defining the role, purpose and membership. While each one functions specific to its purpose, all must follow the same overriding principles which are herein defined.
This protocol is intended to provide general guidance, and is not intended to supersede or conflict with any provision of State law, the St. Helena Municipal Code or other ordinance adopted by the City Council, which in the event of any conflict shall control.
ROLE AND PURPOSE
The City Council determines a committee’s role and purpose at the time it is created, which should be defined clearly enough to easily communicate the purpose of the committee to the general public.
Committees may be 1) on-going standing committees, or 2) established for a specific purpose with an expected end date. Roles and purpose may be general or specific, but all will have a clearly defined goal, task or product.
Agenda Item #10.14.
26 Recommended changes in the role or purpose of a committee must be brought to the City Council to clarify how the proposed changes will provide improved or additional benefit.
MEMBERSHIP AND COMMITTEE STRUCTURE
The City Council defines the membership size by resolution or ordinance when establishing a committee. A committee consists of a minimum of five and a maximum of seven members, except the Planning Commission which consists only of five regular members. The Council may appoint up to two alternate members to serve on a committee in order to ensure a quorum can be reached if members cannot attend. City Council members and staff shall not sit as members on any committees. However, the City Council may, in its discretion, appoint two Council members in the composition of a City Council subcommittee for a specific purpose.
As required by State law, the Mayor shall nominate committee members from the pool of applicants, and they will be appointed only after a majority vote approval by the City Council. Applicants may choose to attend the City Council meeting and make a statement in support of their application before the Council votes on the appointment.
Residency. Committee members must reside within the St. Helena City limits.
The Council may approve an exception to this rule on a case-by-case basis. All five Planning Commissioners must live within the St. Helena City limits.
Member Terms. Committee members will serve two years from the date of appointment, except Planning Commissioners who will serve four years. Nonstanding committee membership will be based upon the timing of the specific project. In establishing a new committee, or when reducing existing terms from three years to two when those terms come up for reappointment, the Council may initially impose staggered terms consisting of one and two year terms.
Removal of a member may occur for reasons such as, but not limited to, excessive absences, Brown Act violations, and conduct violations. Excessive absences is defined as failing to attend 3 consecutive meetings or 6 meetings in a 12 month period. Recommendations to the City Council for removal may be made by a committee member, member of the public, staff member, or City Councilmember. Notwithstanding the foregoing, the City Council may in its discretion at any time vote to remove a member of any committee for any reason or none, with or without cause.
Committee Officers. Annually, a committee will select a chairperson and vice chairperson. No member may serve more than two consecutive years as chair, unless unanimously agreed upon by the Committee in a vote and approved by the City Council.
The chairperson runs the meeting in accordance with the agenda. The vice chairperson has the same powers and duties of the chair if the chair is absent or unable to act. If both the chair and vice-chair are absent or unable to act, the Agenda Item #10.14.
27 committee selects by motion and majority vote one member as acting chair for the duration of the meeting or absence.
Subcommittees. The committee may in its discretion appoint members to subcommittees for the purpose of researching specific issues, conducting community outreach, and/or formulating recommendations to the committee, and may also engage experts or other persons (who will not be considered as members). Subcommittee membership will be less than a majority of the total membership of the committee. Prior to creating a subcommittee, the committee will consult with staff to determine whether the subcommittee is subject to the Brown Act, in which case formation of the subcommittee will be subject to Council approval.
Bylaws. Committees may adopt bylaws governing their work that are consistent with this protocol and other City laws. Proposed bylaws must be reviewed by staff and approved by the City Council.
MEETING ADMINISTRATION
• Committees should meet at a regular interval (day and time) and location to facilitate public attendance and to provide an accessible forum for the public to attend.
• Committees and committee members shall conduct themselves in accordance with the requirements of State law and the Municipal Code.
• Meetings must be noticed to the public at least 72 hours prior to regular meetings, and 24 hours prior to special meetings, as required by the Brown Act.
• All meeting notices must be posted outside St. Helena City Hall and on the City website.
• Agendas must adhere to the form provided by the City to ensure consistency and clarity.
• Meeting minutes will be recorded using the City template and submitted for approval at the next committee meeting. Once approved, the minutes are submitted to the City Clerk for official record.
Quorum and Voting. A quorum is required to hold a meeting. A quorum is defined as the majority of the number of members, not counting alternates, which officially comprise a committee. Absences and vacancies do not change the quorum number. For example, if a committee is established with five members, the quorum is three members. If there are two vacancies on the committee, the quorum is still three members.
If a committee meets but does not have a quorum, either through lack of a quorum at the start of the meeting or due to members leaving the meeting, the Agenda Item #10.14.
28 committee may not conduct its regular business. In these instances, the committee may only act to adjourn to the next meeting date, recess, or take measures to obtain a quorum.
A majority vote is required to approve any action by the committee, unless otherwise required by law.
Alternate Members. Alternate members may vote only upon one of the following conditions:
1. Absence of one or more of the regular members of the committee; or
2. Disqualification of a regular member of the committee due to an expressed conflict of interest.
If more than one alternate member is present and only one vote is available, the alternate members will toss a coin to determine who may vote.
City Staff Liaison. The City Manager will designate a staff liaison to each committee. The liaison will be available to attend committee meetings at the request of the committee chair and with advance notice. The staff liaison’s role is to assist the committee in understanding City functions and requirements, such as state regulations, Municipal Code requirements, and conflict of interest and Brown Act requirements. The staff liaison ensures the continued flow of information regarding the City’s efforts and progress on work that pertains to the committee’s topic area. The staff liaison will collect and file committee records and minutes.
CITY COUNCIL REPORTS
The chairperson or committee designee will appear at a City Council meeting at least once per quarter to report on the committee’s activities and projects and to provide updates to the Council and community. The City Council will provide input and direction at that time. Committee chairpersons or designated committee members are encouraged to appear before the Council whenever they feel it is necessary to obtain Council direction or share information.
Agenda Item #10.14.
29 City of St. Helena
Meeting Ground Rules
1. Start on time
2. Everyone come prepared
3. If you called the meeting, run it well
4. If you are at the meeting, participate
5. Stay on topic
6. One person speaks at a time
7. Be open and honest
8. Actively listen – no side conversations, texting
or cellphone use
9. No negative body language or personal attacks
10. End on time
Agenda Item #10.14.
30 [COMMITTEE NAME]
AGENDA - REGULAR MEETING
[MEETING ADDRESS]
[MEETING DATE AND TIME]
1) CALL TO ORDER
2) PLEADGE OF ALLEGIANCE
3) ROLL CALL: [LIST MEMBERS, COUNCIL LIAISON, AND STAFF LIAISON] 4) PUBLIC FORUM: An opportunity for the public to directly address the [Committee] on items of interest to the public that are not listed on the agenda. Any person addressing the [Committee] should provide his or her name and address, and limit comments to five minutes. Because of restrictions imposed by the Brown Act, the [Committee] may not engage in substantive discussion, nor take action on matters not described on the agenda. 5) REPORTS AND ANNOUNCEMENTS BY MEMBERS AND STAFF: Reports by staff and/or [Committee] members on items of general interest. Brief questions for clarification may be posed and answered, and [Committee] 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 [Committee].
6) CONSENT ITEMS
6.1 APPROVAL OF MINUTES: [Date of minutes]
7) NEW BUSINESS:
7.1 [List each item of business to be transacted or discussed at the meeting, with a brief description generally not exceeding 20 words and an approximate time allocated for the item.]
8) DISCUSSION OF ITEMS TO BE PLACED ON THE NEXT MEETING AGENDA 9) ADJOURNMENT
The next regularly scheduled [Committee] meeting will be held on [Date]. This agenda was posted at 1088 College Avenue, St. Helena, CA 94574, and or/at [location where meeting will be held] on [Date].
_________________________
Name, Staff Liaison
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in the meeting, please contact City Hall at (707) 967-2792. Notification 48 hours prior to the meeting will enable Agenda Item #10.14.
31 the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR35.102-35.104 ADA Title II). However, City staff will attempt to assist at any time with accessibility. The City Clerk has equipment to assist those with a hearing impairment.
2.27 Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century
All procedural matters not otherwise provided for in or controlled by state law or by any ordinance, resolution, rule or regulation of the City shall be governed by Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century (attached as Exhibit). However, no ordinance, resolution, or other action of the Council shall be invalidated or the legality thereof otherwise affected by the failure or omission of the Council to observe or follow such rules. Certain procedures relating to motions, agenda item discussion, debate, and courtesies contained in Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century are incorporated into this document, except to the extent they are modified by this Protocol document.
3. CITY COUNCIL STANDARDS OF CONDUCT
3.1 Policy Purpose
The St. Helena City Council adopts this Code of Ethics and Conduct to assure that all elected and appointed officials, while exercising their office, conduct themselves in a manner that will instill public confidence and trust in the fair operation and integrity of St. Helena’s City government.
3.2 Ethics
The citizens and businesses of St. Helena are entitled to have fair, ethical and accountable local government. To this end, the public should have full confidence that their elected and appointed officials:
▪ Comply with both the letter and spirit of the laws and policies affecting the operations of government;
▪ Are independent, impartial and fair in their judgment and actions; ▪ Use their public office for the public good, not for personal gain; and ▪ Conduct public deliberations and processes openly, unless required by law to be confidential, in an atmosphere of respect and civility.
Therefore, members of the City Council, City Treasurer, and City Clerk and of all Boards, Committees and Commissions shall conduct themselves in accordance with the following ethical standards:
(a) Act in the Public Interest. Recognizing that stewardship of the public interest must be their primary concern, members will work for the common good of the people of St. Helena and not for any private or Agenda Item #10.14.
32 personal interest, and they will assure fair and equal treatment of all persons, claims and transactions coming before them.
(b) Comply with both the spirit and the letter of the Law and City Policy. Members shall comply with the laws of the nation, the State of California and the City of St. Helena in the performance of their public duties.
(c) Conduct of Members. The professional and personal conduct of members while exercising their office must be above reproach and avoid even the appearance of impropriety. Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of Council, Boards, Committees and Commissions, the Staff or public.
(d) Respect for Process. Members shall perform their duties in accordance with the processes and rules of order established by the City Council.
(e) Conduct at Public Meetings. Members shall prepare themselves for public issues, listen courteously and attentively to all public discussions before the body, and focus on the business at hand.
(f) Decisions Based on Merit. Members shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations. When making adjudicative decisions (those decisions where the member is called upon to determine and apply facts peculiar to an individual case), members shall maintain an open mind until the conclusion of the hearing on the matter and shall base their decisions on the facts presented at the hearing and the law.
(g) Communication. Members shall publicly disclose substantive information that is relevant to a matter under consideration by the body which they may have received from sources outside of the public decisionmaking process. (h) Conflict of Interest. In order to assure their independence and impartiality on behalf of the common good and compliance with conflict of interest laws, members shall use their best efforts to refrain from creating an appearance of impropriety in their actions and decisions. Members shall not use their official positions to influence government decisions in which they have (a) a material financial interest, (b) an organizational responsibility or personal relationship which may give the appearance of a conflict of interest, or (c) a strong personal bias.
Agenda Item #10.14.
33 A member who has a potential conflict of interest regarding a particular decision shall disclose the matter to the City Attorney and reasonably cooperate with the City Attorney to analyze the potential conflict. If advised by the City Attorney to seek advice from the Fair Political Practices Commission (FPPC) or other appropriate state agency, a member shall not participate in a decision unless and until he or she has requested and received advice allowing the member to participate. A member shall diligently pursue obtaining such advice. The member shall provide the Mayor and the City Attorney a copy of any written request or advice, and conform his or her participation to the advice given. In providing assistance to members, the City Attorney represents the City and not individual members.
In accordance with the law, members shall disclose investments, interests in real property, sources of income, and gifts; and if they have a conflict of interest regarding a particular decision, shall not, once the conflict is ascertained, participate in the decision and shall not discuss or comment on the matter in any way to any person including other members unless otherwise permitted by law.
(i) Gifts and Favors. Members shall not take any special advantage of services or opportunities for personal gain, by virtue of their public office that is not available to the public in general. They shall refrain from accepting any gifts, favors or promises of future benefits which might compromise their independence of judgment or action or give the appearance of being compromised.
(j) Confidential Information. Members must maintain the confidentiality of all written materials and verbal information provided to members which is confidential or privileged. Members shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial or other private interests.
(k) Use of Public Resources. Members shall not use public resources which are not available to the public in general (e.g., City Staff time, equipment, supplies or facilities) for private gain or for personal purposes not otherwise authorized by law.
(l) Representation of Private Interests. In keeping with their role as stewards of the public interest, members of Council shall not appear on behalf of the private interests of third parties before the Council or any Board, Committee, Commission or proceeding of the City, nor shall members of Boards, Committees and Commissions appear before their Agenda Item #10.14.
34 own bodies or before the Council on behalf of the private interests of third parties on matters related to the areas of service of their bodies. (m) Advocacy. Members shall represent the official policies or positions of the City Council, Board, Committee or Commission to the best of their ability when designated as delegates for this purpose. When communicating in their individual capacity and presenting their individual opinions and positions on public policy matters which fall under the jurisdiction of the City of St. Helena, members shall explicitly state that the opinions or positions being expressed do not represent the City of St. Helena or the body upon which they serve, nor will they allow the inference that they do.
Councilmembers and Board, Committee and Commission members have the right to endorse candidates for all Council seats or other elected offices. It is inappropriate to mention or display endorsements during Council meetings, or Board, Committee and Commission meetings, or other official City meetings.
(n) Policy Role of Members. Members shall respect and adhere to the council-manager structure of St. Helena City government as outlined in the St. Helena City Code. In this structure, the City Council determines the policies of the City with the advice, information and analysis provided by City Staff, Boards, Committees and Commissions, and the public.
Except as provided by the City Code, members shall not interfere with the administrative functions of the City or the professional duties of City Staff; nor shall they impair the ability of Staff to implement Council policy decisions.
(o) Independence of Boards, Committees and Commissions.
Because of the value of the independent advice of Boards, Committees and Commissions to the public decision-making process, members of Council shall refrain from using their position to unduly influence the deliberations or outcomes of Board, Committee and Commission proceedings.
(p) Positive Work Place Environment. Members shall support the maintenance of a positive and constructive work place environment for City employees and for citizens and businesses dealing with the City.
Members shall recognize their special role in dealings with City employees to in no way create the perception of inappropriate direction to Staff. (q) AB 1234—Required Ethics Training
AB 1234 requires elected or appointed officials who are compensated for their service or reimbursed for their expenses to take two hours of training in ethics principles and laws every two years. Staff members listed on the conflict of Agenda Item #10.14.
35 interest code must also complete the training. It is the City’s policy to emphasize the importance of ethics in government and although not required, it is highly encouraged that all advisory body members, including Committees and Commissions, adhere to the same requirements.
The training must occur within two months of assuming office and be renewed within two months of the expiration of the current certificate. The training must cover general ethics principles relating to public service and ethics laws including:
• Laws relating to personal financial gain by public officials (including bribery and conflict of interest laws);
• Laws relating to office-holder perks, including gifts and travel restrictions, personal and political use of public resources, and prohibitions against gifts of public funds;
• Governmental transparency laws, including financial disclosure requirements and open government laws (the Brown Act and Public Records Act);
• Laws relating to fair processes, including fair contracting requirements, common law bias requirements, and due process.
3.3 Code of Ethics and Conduct
The Code of Ethics and Conduct are designed to describe the manner in which elected and appointed officials should treat one another, City Staff, constituents, and others they come into contact with while representing the City of St. Helena. (a) Elected and Appointed Officials’ Conduct with Each Other in Public Meetings
Elected and appointed officials are individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to preserve and protect the present and the future of the community. In all cases, this common goal should be acknowledged even though individuals may not agree on every issue.
1. Honor the role of the chair in maintaining order
It is the responsibility of the chair to keep the comments of members on track during public meetings. Members should honor efforts by the chair to focus discussion on current agenda items. If there is disagreement about the agenda or the chair’s actions, those objections should be voiced politely and with reason, following procedures outlined in parliamentary procedure.
2. Practice civility and decorum in discussions and debate Agenda Item #10.14.
36 Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of debate by a free democracy in action. Free debate does not require nor justify, however, public officials to make belligerent, personal, impertinent, slanderous, threatening, abusive, or disparaging comments.
3. Avoid personal comments that could offend other members If a member is personally offended by the remarks of another member, the offended member should make notes of the actual words used and call for a "point of personal privilege" that challenges the other member to justify or apologize for the language used. The chair will maintain control of this discussion.
4. Demonstrate effective problem-solving approaches
Members have a public stage and have the responsibility to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole.
(b) Elected and Appointed Officials’ Conduct with the Public in Public Meetings
Making the public feel welcome is an important part of the democratic process. No signs of partiality, prejudice or disrespect should be evident on the part of individual members toward an individual participating in a public forum. Every effort should be made to be fair and impartial in listening to public testimony.
1. Be welcoming to speakers and treat them with care and gentleness.
a. While questions of clarification may be asked, the
official’s primary role during public testimony is to listen.
2. Be fair and equitable in allocating public hearing time to individual speakers.
a. The chair will determine and announce limits on speakers at the start of the public hearing process.
3. Practice active listening
a. It is disconcerting to speakers to have members not look at them when they are speaking. It is fine to look down at documents or to make notes, but reading for a long
period of time or gazing around the room gives the
appearance of disinterest. Members shall try to be
Agenda Item #10.14.
37 conscious of facial expressions, and avoid those that could be interpreted as "smirking," disbelief, anger or boredom.
4. Maintain an open mind
a. Members of the public deserve an opportunity to
influence the thinking of elected and appointed officials.
5. Ask for clarification, but avoid debate and argument with the public
a. Only the chair – not individual members – can interrupt a speaker during a presentation. However, a member can
ask the chair for a point of order if the speaker is off the topic or exhibiting behavior or language the member finds disturbing.
(c) Elected and Appointed Officials’ Conduct with City Staff Governance of a City relies on the cooperative efforts of elected officials, who set policy, appointed officials who advise the elected, and City Staff who implement and administer the Council’s policies. Therefore, every effort should be made to be cooperative and show mutual respect for the contributions made by each individual for the good of the community.
1. Treat all Staff as professionals
a. Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected.
Poor behavior towards Staff is not acceptable.
2. Do not disrupt City Staff from their jobs
a. Elected and appointed officials should not disrupt City Staff while they are in meetings, on the phone, or
engrossed in performing their job functions in order to have their individual needs met. Do not attend City Staff meetings unless requested by Staff – even if the elected or appointed official does not say anything, his or her presence implies support, shows partiality, may
intimidate Staff, and hampers Staff’s ability to do their job objectively.
3. Never publicly criticize an individual employee
a. Elected and appointed officials should never express concerns about the performance of a City employee in
public, to the employee directly, or to the employee’s
manager. Comments about Staff performance should
only be made to the City Manager through private
correspondence or conversation. Appointed officials
Agenda Item #10.14.
38 should make their comments regarding Staff to the City Manager or the Mayor.
4. Do not get involved in administrative functions
a. Elected and appointed officials acting in their individual capacity must not attempt to influence City Staff on the making of appointments, awarding of contracts, selecting of consultants, processing of development applications, or granting of City licenses and permits.
5. Do not solicit political support from Staff
a. Elected and appointed officials should not solicit any type of political support (financial contributions, display of posters or lawn signs, name on support list, etc.) from City Staff. City Staff may, as private citizens with
constitutional rights, support political candidates but all such activities must be done away from the workplace.
6. No Attorney-Client Relationship
a. Members shall not seek to establish an attorney-client relationship with the City Attorney, including his or her Staff and attorneys contracted to work on behalf of the City. The City Attorney represents the City and not
individual members. Members who consult with the City
Attorney cannot enjoy or establish an attorney-client
relationship with the attorney.
(d) Council Conduct with Boards, Committees and Commissions The City has established several Boards, Committees and Commissions as a means of gathering more community input. Citizens who serve on Boards, Committees and Commissions become more involved in government and serve as advisors to the City Council. They are a valuable resource to the City’s leadership and should be treated with appreciation and respect.
1. Respect Role of Liaison to City’s Boards,
Committees and Commissions
Several of the City’s Boards, Committees and Commissions have a Council Member who serves as its Council liaison. The City Council will collectively review and approve liaison appointments annually. Council Members serving as liaisons should act as an advisor and resource to
committee/board/commission members and the
committee/board/commission’s Staff liaison when issues
Agenda Item #10.14.
39 regarding process, procedure, attendance, interpersonal or public relations arise.
2. Respect that Boards, Committees and Commissions serve the community, not individual Councilmembers
The City Council appoints individuals to serve on Boards, Committees and Commissions, and it is the responsibility of Boards, Committees and Commissions to follow policy
established by the Council. But Board, Committee and
Commission members do not report to individual
Councilmembers (whether or not they are serving as liaisons), nor should Councilmembers feel they have the power or right to threaten Board, Committee and Commission members with
removal if they disagree about an issue. Appointment and reappointment to a Board, Committee or Commission should be based on such criteria as expertise, ability to work with Staff and the public, and commitment to fulfilling official duties. A Board, Committee or Commission appointment should not be used as a political "reward."
3. Be respectful of diverse opinions
A primary role of Boards, Committees and Commissions is to represent many points of view in the community and to provide the Council with advice based on a full spectrum of concerns and perspectives. Councilmembers may have a closer working
relationship with some individuals serving on Boards, Committees and Commissions, but must be fair and respectful of all citizens serving on Boards, Committees and Commissions.
4. Keep political support away from public forums
Board, Committee and Commission members may offer political support to a Councilmember, but not in a public forum while conducting official duties. Conversely, Councilmembers may support Board, Committee and Commission members who are running for office, but not in an official forum in their capacity as a Councilmember.
(e) Elected and Appointed Officials’ Conduct With Each Other and the Public in Private Encounters
1. Continue Respectful Behavior in Private
The same level of respect and consideration of differing points of view that is deemed appropriate for public discussions, and set forth above in subsections (a) through (d), should be maintained in private conversations, including telephone calls, texts, e-mails or other forms of communication. Council Members and appointed officials shall refrain from abusive conduct, intimidation, bullying tactics, personal charges, or verbal attacks upon the character or motives of other members or the public.
Agenda Item #10.14.
40 2. Be Aware of the Insecurity (Non-Confidentiality) of Written Notes, Texts, Voicemail and E-mail
Technology allows words written or said without much forethought to be distributed wide and far. Would you feel comfortable to have this note faxed to others? How would you feel if this voicemail message was played on a speakerphone in a full office? What would happen if this E-mail or text message were forwarded to others? Written notes, voicemail messages, texts and E-mail should be treated as potentially "public" communication.
3. Understand that Even Private Conversations can have Public Presence Elected and appointed officials are always on display — their actions, demeanor, fitness, mannerisms, language and timing and form of communication are monitored by people around them that they may not know. Lunch table conversations will be eavesdropped upon, parking lot debates will be watched, late-night e-mails will be questioned and casual comments between individuals before and after public meetings noticed.
3.4 Enforcement and Sanctions
(a) Acknowledgement of Code of Ethics and Conduct
Upon assuming office each Councilmember, and each Board, Committee and Commission Member (“Member”), shall sign a statement affirming that he or she has been provided with and has read the Code of Ethics and Conduct. Each Councilmember, Board, Committee and Commission Member, shall adhere to the Code of Ethics and Conduct as well as the Council’s Rules of Procedure. Councilmembers who do not sign an acknowledgement that they have read and understand the Code of Ethics and Conduct shall be ineligible for intergovernmental assignments or Council subcommittees. Board, Committee and Commission members who do not sign an acknowledgement that they have read and understand the Code of Ethics and Conduct are not eligible to hold office. (b) Ethics Training for Local Officials
. Councilmembers, City Treasurer, City Clerk, Board, Committee, Commission Members and those listed on the conflict of interest code who are out of compliance with State or City mandated requirements for ethics training shall not represent the City on intergovernmental assignments or Council subcommittees and may be subject to sanctions.
(c) Behavior and Conduct
The St. Helena Code of Ethics and Conduct expresses standards of ethical conduct expected for members of the St. Helena City Council, Boards, Committees and Commissions. Each Member him or herself has Agenda Item #10.14.
41 the primary responsibility to assure that he or she understands and satisfies the ethical standards, so that the public can continue to have full confidence in the integrity of government. The chairs of Boards, Committees and Commissions and the Mayor and Council have the additional responsibility to intervene when actions of Members that appear to be in violation of the Code of Ethics and Conduct are brought to their attention. Without violating Brown Act serial meeting requirements, individual Members should point out to the offending Member perceived infractions of the Code of Ethics and Conduct.
(d) Council Authority
Under California law, the Council does not have the legal authority to remove Members elected or appointed to the City Council or to otherwise deprive them of their office. However, a majority of the Councilmembers may remove a Councilmember from any or all Council honorary and/or ceremonial positions and ad-hoc and standing committees, as well as from positions with other governmental agencies or other organizations they hold by virtue of appointment by the City Council.
3.5 Implementation
The Code of Ethics and Conduct is intended to be self-enforcing and is an expression of the standards of conduct for members expected by the City. It therefore becomes most effective when members are thoroughly familiar with it and embrace its provisions.
For this reason, this document shall be included in the regular orientations for candidates for City Council, City Treasurer, City Clerk, applicants to Board, Committee and Commissions, and newly elected and appointed officials.
Members entering office shall sign the following statement (below) acknowledging they have read and understand the Code of Ethics and Conduct.
In addition, the Code of Ethics and Conduct shall be periodically reviewed by the City Council, Boards, Committees and Commissions, and updated it as necessary.
I affirm that I have read and understand the City of St. Helena Code of Ethics and Conduct for Elected and Appointed Officials.
__________________________________ _______________________ Signature Date
Agenda Item #10.14.
Agenda Report to the City Council
Agenda Section: PUBLIC HEARINGS
Department: Public Works
DATE: July 23, 2024
FROM: Eric Janzen, Assistant Public Works Director
SUBJECT: Introduction and first reading of an ordinance amending and restating Chapter 12.08 of the St. Helena Municipal Code to clarify maintenance responsibility of property
frontage debris, surveyor requirements and street repair responsibilities as discussed as directed by Council at the 1/23/24 City Council meeting.
RECOMMENDED
ACTION:
Introduce and waive the first reading of the proposed
revisions to the ordinance; schedule second reading on
8/13/24
PREVIOUS COUNCIL
ACTION:
January 23, 2024 - Introduction of Ordinance amending
Chapter 12.08 of the SHMC.
STATEMENT OF THE
PURPOSE:
To introduce revisions to Title 12 of the St. Helena
Municipal Code to clarify maintenance responsibility of sidewalks and driveway approaches fronting private
property.
FINANCIAL IMPACT: None.
BACKGROUND:
On January 23, 2024, the City Council of the City of St. Helena introduced and waived the first reading of an ordinance amending Chapter 12.08 of the St. Helena Municipal Code. During discussions, the Council expressed a desire to further amend Chapter
12.08 and directed Staff to prepare a separate ordinance addressing Council comments.
The City Council expressed a desire to further amend certain sections of Chapter 12.08 as follows:
12.08.020 - Amend Subsection A, to clarify property owner responsibility to maintain the public street is limited to vegetation and debris only and add a provision defining the role of street sweeping performed by the City. 12.08.110 - Amend this section to add clarity when a surveyor is required, add discretionary authority for the Director of Public Works and general guidance on when and how to apply the Director's discretionary authority when a surveyor would be required for new, re-constructed or re-aligned sidewalks. Work performed for the purpose of maintenance where existing sidewalk alignment is being retained. Add discretionary authority for Director with guidance.
Agenda Item #11.1.
12.08.150 - Simplify phrasing, clarify the enforcement process, the physical extent of owner responsibility (centerline of street or other) and conditions where this section might be invoked.
DISCUSSION:
Staff evaluated the aforementioned sections and Council's direction. Staff prepared the following amendments for consideration:
Staff find that the original 12.08.020 sub-section "A" meets the Council's goal of limiting the provision to vegetation and debris removal only. Staff Recommends leaving the section as-is and adding a provision to make it a duty of the City to provide periodic street sweeping to supplement the efforts of owners subject to the provision. Revised sub-section to read:
“A. It shall be the duty of every owner of real estate within the city fronting on a public street to remove and clean away, at his or her own expense, the weeds, grass, brush and debris in the public right-of-way in front of his or her premises from the property line to the centerline of the street. It shall be the duty of the City to provide periodic street sweeping service to supplement the efforts of owners subject to this provision"
Staff find that Section 12.08.110 does not meet the Council's goal. Staff recommend replacing the section to read:
"The Director of Public Works may require a property owner(s) who construct, alter or re-construct sidewalk fronting their property to first obtain the correct line and grade at the property owner's sole expense by a surveyor licensed in the State of California. The Director of Public Works may waive this requirement when a property owner performs maintenance or repair of an existing sidewalk where the existing alignment is not in dispute and is being retained." Staff find that Section 12.08.150 does not meet the Council's goal. Staff recommend replacing the section to read:
"When the Director of Public Works determines a portion of the public right of way, for which the adjoining property owner is responsible, is needing repair, the Director of Public Works or their designee shall issue written notice to the responsible property owner in the manner and form prescribed by Sections 5611- 5614 of the California Streets and Highways Code. The notice shall describe the repair to be made, reference the applicable City construction standard and the time period to complete the work.
An owner who fails or neglects to complete the repair within the time period specified in the notice or adhere to the City construction standard shall be guilty of a misdemeanor and shall also forfeit to the city the sum of fifty dollars ($50.00) and the actual cost for the City to complete the repair in the owner's stead. Such sum may be recovered by the city in a civil action brought in any court of competent jurisdiction”
Agenda Item #11.1.
ENVIRONMENTAL REVIEW: Not a CEQA project.
GOAL:
Goal 2: Improve Infrastructure & Further Environmental Sustainability Goal 4: Provide Effective Community Information & Opportunities for Engagement Goal 5: Enhance Quality of Life
DOCUMENTS ATTACHMENTS:
CURRENT.SHMC Section 12.08.Sidewalk Maintenance Revised - Redline Version CURRENT.SHMC Section 12.08.Sidewalk Maintenance Revised - Clean Version _ORDINANCE.St. Helena_ Ordinance re Property Owner's Obligation to Maintain Sidewalk-c1
Agenda Item #11.1.
PROPOSED REVISIONS TO SHMC CHAPTER 12.08 – CONSTRUCTION AND MAINTENANCE (OF SIDEWALKS)
Note: Full Chapter shown for context.
12.08.010 Duty of property owners to repair sidewalks.
A. California Streets and Highways Code Sections 5610 through 5630, as they now exist or are from time to time hereafter amended, are referred to and are incorporated by reference into this code. Where authority to enforce State code is vested in the superintendent of streets that authority shall be delegated to the Director of Public Works for the City of St. Helena.
B. Notwithstanding California Streets and Highways Code Section 5610 through 5630 and subsection (A) of this section, the owners of lots or portions of lots fronting on any portion of a public street within the St. Helena city limit shall maintain the sidewalk in such condition that the sidewalk will not endanger persons or property. The sidewalk shall be maintained in a condition which will not interfere with the public convenience in the use of those works.
C. Notwithstanding subsection (B) of this section, maintenance and repair of sidewalks, which includes curb, gutter and storm drainage structures, on Main Street between Sulphur Creek Bridge and Pine Street, shall be the responsibility of the city in every case where damage to the sidewalk is caused by street trees for which the city has responsibility under Section 12.24.070, or by a tree designated as a heritage tree for which the city has responsibility under Section 12.24.120, except for damage as a result of over watering and any other damage not caused solely by the tree(s).
D. In addition to the provisions of this Chapter 12.08 regarding the construction and maintenance of sidewalks, the Director of Public Works may establish procedures and design standards which govern the maintenance of repair of sidewalks throughout the city in order to provide property owners an opportunity to comply with maintenance and repair requirements in a cost effective manner, consistent with the purpose and provisions of this chapter and Title 12 of this code and any other applicable laws and regulations. (Ord. 06-3 (part); prior code § 13.3)
E. Where the provisions of this Chapter and the California Streets and Highways Code Sections 5610 through 5630, as they now exist or are from time to time hereafter amended conflict, the more stringent code shall prevail.
12.08.020 Duty of property owners to clean public right-of-way in front of premises.
A. It shall be the duty of every owner of real estate within the city fronting on a public street to remove and clean away, at his or her own expense, the weeds, grass, brush and debris in the public right-of-way in front of his or her premises from the property line to the center of the street. It shall be the duty of the City to provide periodic street sweeping service to supplement the efforts of owners subject to this provision.(Prior code § 13.4)
B. It shall be the duty of every owner of real estate within the city fronting a street intersection to remove and clean away, at his or her own expense, the weeds, grass, brush and debris that interfere with or impair the vision of operators of vehicles at street intersections.
Agenda Item #11.1.
12.08.025 Liability for injuries to the public.
A. Any property owner to whom Sections 12.08.010 and 12.08.020 apply shall owe a duty to members of the public to comply with those sections and with all applicable provisions of California Streets and Highways Code Sections 5610 through 5630, as incorporated by reference into this code. If any property or person suffers injury or damage as a result of a property owner’s failure to comply with the requirements of Sections 12.08.010 and 12.08.020, or with other applicable law that requires a property owner to maintain and repair sidewalks, the property owner shall be liable to such person for the resulting injury or damage.
B. Notwithstanding the duty of care established by subsection (A) of this section, if any property or person suffers injury or damage as a result of the city’s failure to repair any sidewalk for which the city has the responsibility to maintain and repair under Section 12.08.010, liability for such resulting injury or damage shall be determined according to law. (Ord. 06-3 (part))
12.08.040 Water drains emptying into streets. (No change) All water drains constructed or maintained for the purpose of discharging water into the public streets shall be so constructed that the waters will not be discharged upon or over any sidewalk or permitted to flow over or across the same, but shall be conducted beneath the sidewalk and discharged into the gutter of the street beneath the curb line thereof. Except as specifically authorized by the director of public works, such drains may be only for the purpose of conducting water from the exteriors of buildings and other improvements and may not drain water or any other materials from within the buildings and other improvements. The director of public works may authorize a special water drain connection for the purpose of disposing of uncontaminated water from an overflow, ground water sump, condenser, or other source. In authorizing a special water drain connection, the director of public works will consider the quality and quantity of water to be drained into the street and possible impacts on the public. All water drains not in compliance with the provisions of this section shall be reconstructed so far as may be necessary to comply with the provisions of this section. (Prior code §
13.6)
12.08.050 Permit required.
It is unlawful for any person to construct or cause to be constructed in any street in the city any sidewalk, driveway approach, curb or gutter without first obtaining a permit in writing to do so from the Director of Public Works or the director’s designated representative. (Prior code § 13.13)
12.08.060 Application for permit—Posting of permit.
Any permit granted under the terms of this chapter shall be issued in the format furnished by the city and shall specify the name and address of the applicant, the location of the property in front of which the proposed sidewalk, driveway approach, curb or gutter is to be constructed, the dimensions thereof Agenda Item #11.1.
and shall refer to this chapter for the materials to be used and the method of construction. Such permit shall be posted in a conspicuous place near the work to be done by the permittee to whom the same may be issued. (Prior code § 13.14)
12.08.070 Permit need not be issued. (No change)
Nothing in this chapter shall be deemed or construed to compel the city council or its duly authorized officer to issue a permit on any application that may be made therefor and as provided in this chapter if, in the judgment of the council or its duly authorized officer, the proposed work is against the best public interests, welfare or convenience. (Prior code § 13.15)
12.08.080 Concrete to be used—Exception.
No sidewalk, driveway approach, curb or gutter shall be constructed of any material other than concrete within the urban limit line unless expressly approved by the Director of Public Works. Asphaltic Concrete (AC) may be used for bikeway, multi-use path, sidewalk, curb and gutter outside the urban limit line with the approval of the Director of Public Works. (Prior code § 13.16)
12.08.090 Plans and specifications.
All sidewalks, driveway approaches, curbs or gutters shall be constructed, reconstructed or repaired in every particular in accordance with city the permit issued therefor. All sidewalks, driveway approaches, curbs or gutters constructed, reconstructed or repaired on streets in the city and accessible by the public shall be constructed in accordance with the standard plans and specifications for concrete sidewalks, driveway approaches, curbs or gutters approved by the Director of Public Works. (Prior code § 13.17)
12.08.100 City Maintenance of Certain Sidewalks.
A. It Is made the duty of the City where public property Is owned by the City in-fee and fronts on any public street therein to keep the sidewalks that are now or may hereafter be built to established along such frontage in a good state of repair so that they shall not endanger person or property passing thereon or interfere with the public convenience in the use thereof.
B. The City may assume responsibility for maintenance of any sidewalk, curb or gutter within the City limit and within the public right of way by resolution if the City Council finds that there is a public benefit to do so. Resolution shall clearly define the location of the segment of sidewalk, curb or gutter to be City responsibility and the maintenance activities for which the City will be responsible.
C. The City may rescind public responsibility for maintenance of any sidewalk, curb or gutter within the City limit and within the public right of way previously assumed by resolution of the City Council if the City Council finds that the public benefit cited in the aforementioned resolution no longer exists, never existed or was adopted in error.
Agenda Item #11.1.
12.08.110 Obtaining correct line and grade.
The Director of Public Works may require a property owner(s) who construct, alter or re-construct sidewalk fronting their property to first obtain the correct line and grade at the property owner's sole expense by a surveyor licensed in the State of California. The Director of Public Works may waive this requirement when a property owner performs maintenance or repair of an existing sidewalk where the existing alignment is not in dispute and is being retained.Where the street is unimproved or where the existing curbs are in poor condition or not to official line and grade, owners of property proposing to construct any of the work mentioned in this article must first obtain the correct line and grade from the city engineer. For this service, the city engineer shall charge one dollar ($1.00), which shall be paid in advance. (Prior code § 13.19)
12.08.120 Inspection, supervision and approval of work.
All work provided by this chapter shall be done under the supervision and direction and to the satisfaction of the Director of Public Works or the or the director’s designated representative, and inspection shall be requested by the permittee when the forms are in place, and no concrete shall be poured until such forms are inspected and approved. (Prior code § 13.20)
12.08.130 Responsibility for injuries—Protection of work (No Change) The one to whom any permit is provided by this chapter is granted shall thereby become and be responsible for the proper execution of the work, and for all personal injuries or damages to third persons arising from the doing of any of the work specified in such permit, and the permittee shall see that necessary barriers, “Street Closed” signs, lights and watch-men, or any thereof, as may be necessary to prevent accidents to the public and to protect work are provided. (Prior code § 13.21)
12.08.140 Permit fees.
The City Council shall have the right at any time, upon order duly made and given, to require payment of a fee for any permit issued under this chapter. All fees, fines and penalties applied under this chapter shall be published in the master user fee schedule as adopted by the city council. (Prior code § 13.22)
12.08.150 Repair requirements—Generally.
When the Director of Public Works determines a portion of the public right of way, for which the adjoining property owner is responsible, is needing repair, the Director of Public Works or their designee shall issue written notice to the responsible property owner in the manner and form prescribed by Sections 5611-5614 of the California Streets and Highways Code. The notice shall describe the repair to be made, reference the applicable City construction standard and the time period to complete the work.
Agenda Item #11.1.
An owner who fails or neglects to complete the repair within the time period specified in the notice or adhere to the City construction standard shall be guilty of a misdemeanor and shall also forfeit to the city the sum of fifty dollars ($50.00) and the actual cost for the City to complete the repair in the owner's stead. Such sum may be recovered by the city in a civil action brought in any court of competent jurisdiction.When any portion of any improved street, avenue, lane, alley, court or place in the city, or any sidewalk constructed thereon shall be out of repair, or needing reconstruction, and in condition to endanger persons or property passing thereon, or in condition to interfere with the public convenience in the use thereof, and the Director of Public Works or the director’s designated representative has required the owners or occupants of lots or portions of lots fronting on such portion of such street, avenue, alley, lane, court or place, or such portion of such sidewalks so out of repair or needing reconstruction as aforesaid, to repair or reconstruct, or to do both, forthwith, the portion of the street, avenue, lane, alley, court, or place, to the center line of the street in front of the property of which he or she is the owner or tenant, or occupant, by serving written notice in the manner and form prescribed by Sections 5611-5614 of the Streets and Highways Code, as the same has or may hereafter be amended, and the owner or occupant fails or neglects to commence the repair or reconstruction in the manner and form required by the notice within the time period specified in the notice after the service of the same, or to diligently or without interruption prosecute the work to completion, the owner or occupant of such lot or property so failing or neglecting to do such things or any of them, after the service of the notice in the manner and form above described, shall forfeit to the city the sum of fifty dollars ($50.00), which may be recovered by the city in a civil action brought in any court of competent jurisdiction, and shall also be guilty of a misdemeanor. (Prior code § 13.42)
12.08.160 Grading and paving along railroad tracks generally. (No Change) The city council being of the opinion and having in its judgment decided that the method of construction herein provided is necessary, does specify that when any street in the city has or hereafter shall be graded and paved with an asphalt wearing surface, on a concrete or other base, and there are railroad tracks laid in the street, the portions of the street between and under the tracks and for a distance of two feet on each side thereof, shall be graded and paved in the same manner and with the same materials as the rest of the street is graded and paved, subject to the following modifications adjudged by the city council to be necessary for the preservation of the pavement:
The tracks shall be laid flush with the official grade of the street, the rails to be secured to the ties on tie plates three-fourths of an inch in thickness and the ties to be spaced at thirty (30) inches apart center to center, except at joints where one tie will be placed under the end of each rail. Pockets under the rails between ties will be dug out and the entire width of the roadbed brought to the form shown on the plans hereinafter referred to, and the pockets and the space above the level of the base of the tie plates shall be filled with concrete thoroughly tamped and worked into such pockets and brought up solidly under the base of the rails and elsewhere brought to a true finish one and one-half inches below the official grade of the street and parallel thereto.
Paving bricks of good quality and suitable shape shall be set alongside the heads of “T” rails as shown on such plans; these to be set on sand cushions as shown therein. Where grooved rails are used, the pavement surface shall be finished with asphaltic paving mixture only.
After the paving bricks are set in place the space occupied by the toothing shall be filled with concrete.
The joints between the tracks and the rails shall be filled with asphaltic cement.
Agenda Item #11.1.
Upon the base thus formed shall be laid an asphaltic wearing surface one and one-half inches in thickness and to the official line and grade of the street. It shall be laid and constructed in like manner as the wearing surface on adjacent portions of the street on each side of the railroad.
The plan and specifications for the paving, prepared by C. H. Wallace, former town engineer, and filed in the office of the city clerk are adopted for a further description of the method of doing the work and by special reference thereto are made a part of this section; provided, that when any of the work is done under contract awarded by any of the officials of the city, the superintendent therein referred to shall be the street superintendent and when any of the work is done by private contract executed by any person or corporation owning any of the railroad tracks within the city, the superintendent of streets shall not have charge of the work, although he or she shall have the right to inspect the same as therein provided and to require that it shall be done in accordance with the regulations herein adopted. Any work not so done will not be accepted by the city. (Prior code § 13.43)
12.08.170 Grading and paving along railroad tracks—Enforcement by Director of Public Works.
It is made the duty of the Director of Public Works to enforce the provisions of Sections 12.08.160 through 12.08.180. In all cases where there are railroad tracks laid in any street so graded and paved with an asphalt wearing surface on a concrete or other base material and any portion of the street between and under the tracks and for the distance of two feet on each side thereof has not been graded and paved, in accordance with the provisions of said sections or where such pavement or the foundation thereof has become defective or out of repair, the Director of Public Works shall cause a written notice to be served upon the person owning or maintaining the railroad tracks, in which notice he or she shall specify generally the nature and kind of the work required, and shall direct the person to perform the same and it shall thereafter be the duty of any such person to commence the work within ten (10) days after the service of the notice, and to prosecute the same diligently and without the intermission until the same be completed, under the inspection and to the satisfaction of the superintendent of streets and to furnish and use thereon all appliances and workmen that may be required therefor and designated by the superintendent of streets. When any such pavement is hereafter required to be repaired under the provisions of said sections, it must be repaired in accordance with the provisions of Section 12.08.160 for the original construction of the pavement. (Prior code § 13.44)
12.08.180 Failure to comply.
Should any person fail to grade or pave any such street as required by Sections 12.08.160 through
12.08.180 or to comply with any notice that the director of public works may cause to be served upon such person under the provisions of said sections or to comply with any direction that he or she may lawfully give as to the manner of doing the work during the course thereof, or to repair any defective pavement or foundation now or hereafter laid on any of the streets between or under the tracks or for a distance of two feet on each side thereof, in accordance with the requirements of said sections for the original construction of the work, or to repair any defective pavement under or between the tracks, or for a distance of two feet on each side thereof on any street, after written notice from the director of public works so to do; such person so failing therein shall be guilty of an infraction for each and every day that such person shall fail therein after receiving notice from director of public works, so to do.
Nothing in Sections 12.08.160 through 12.08.180 contained shall be construed to relieve any such person from liability for any damage that may accrue by reason of his or her nonperformance of the Agenda Item #11.1.
work or to abate or modify any other remedy that the city may have to enforce the performance of the same or to forfeit the franchise of any such person. (Prior code § 13.45) Agenda Item #11.1.
PROPOSED REVISIONS TO SHMC CHAPTER 12.08 – CONSTRUCTION AND MAINTENANCE (OF SIDEWALKS)
Note: Full Chapter shown for context.
12.08.010 Duty of property owners to repair sidewalks.
A. California Streets and Highways Code Sections 5610 through 5630, as they now exist or are from time to time hereafter amended, are referred to and are incorporated by reference into this code. Where authority to enforce State code is vested in the superintendent of streets that authority shall be delegated to the Director of Public Works for the City of St. Helena.
B. Notwithstanding California Streets and Highways Code Section 5610 through 5630 and subsection (A) of this section, the owners of lots or portions of lots fronting on any portion of a public street within the St. Helena city limit shall maintain the sidewalk in such condition that the sidewalk will not endanger persons or property. The sidewalk shall be maintained in a condition which will not interfere with the public convenience in the use of those works.
C. Notwithstanding subsection (B) of this section, maintenance and repair of sidewalks, which includes curb, gutter and storm drainage structures, on Main Street between Sulphur Creek Bridge and Pine Street, shall be the responsibility of the city in every case where damage to the sidewalk is caused by street trees for which the city has responsibility under Section 12.24.070, or by a tree designated as a heritage tree for which the city has responsibility under Section 12.24.120, except for damage as a result of over watering and any other damage not caused solely by the tree(s).
D. In addition to the provisions of this Chapter 12.08 regarding the construction and maintenance of sidewalks, the Director of Public Works may establish procedures and design standards which govern the maintenance of repair of sidewalks throughout the city in order to provide property owners an opportunity to comply with maintenance and repair requirements in a cost effective manner, consistent with the purpose and provisions of this chapter and Title 12 of this code and any other applicable laws and regulations. (Ord. 06-3 (part); prior code § 13.3)
E. Where the provisions of this Chapter and the California Streets and Highways Code Sections 5610 through 5630, as they now exist or are from time to time hereafter amended conflict, the more stringent code shall prevail.
12.08.020 Duty of property owners to clean public right-of-way in front of premises.
A. It shall be the duty of every owner of real estate within the city fronting on a public street to remove and clean away, at his or her own expense, the weeds, grass, brush and debris in the public right-of-way in front of his or her premises from the property line to the center of the street. It shall be the duty of the City to provide periodic street sweeping service to supplement the efforts of owners subject to this provision.
B. It shall be the duty of every owner of real estate within the city fronting a street intersection to remove and clean away, at his or her own expense, the weeds, grass, brush and debris that interfere with or impair the vision of operators of vehicles at street intersections.
Agenda Item #11.1.
12.08.025 Liability for injuries to the public.
A. Any property owner to whom Sections 12.08.010 and 12.08.020 apply shall owe a duty to members of the public to comply with those sections and with all applicable provisions of California Streets and Highways Code Sections 5610 through 5630, as incorporated by reference into this code. If any property or person suffers injury or damage as a result of a property owner’s failure to comply with the requirements of Sections 12.08.010 and 12.08.020, or with other applicable law that requires a property owner to maintain and repair sidewalks, the property owner shall be liable to such person for the resulting injury or damage.
B. Notwithstanding the duty of care established by subsection (A) of this section, if any property or person suffers injury or damage as a result of the city’s failure to repair any sidewalk for which the city has the responsibility to maintain and repair under Section 12.08.010, liability for such resulting injury or damage shall be determined according to law. (Ord. 06-3 (part))
12.08.040 Water drains emptying into streets. (No change) All water drains constructed or maintained for the purpose of discharging water into the public streets shall be so constructed that the waters will not be discharged upon or over any sidewalk or permitted to flow over or across the same, but shall be conducted beneath the sidewalk and discharged into the gutter of the street beneath the curb line thereof. Except as specifically authorized by the director of public works, such drains may be only for the purpose of conducting water from the exteriors of buildings and other improvements and may not drain water or any other materials from within the buildings and other improvements. The director of public works may authorize a special water drain connection for the purpose of disposing of uncontaminated water from an overflow, ground water sump, condenser, or other source. In authorizing a special water drain connection, the director of public works will consider the quality and quantity of water to be drained into the street and possible impacts on the public. All water drains not in compliance with the provisions of this section shall be reconstructed so far as may be necessary to comply with the provisions of this section. (Prior code §
13.6)
12.08.050 Permit required.
It is unlawful for any person to construct or cause to be constructed in any street in the city any sidewalk, driveway approach, curb or gutter without first obtaining a permit in writing to do so from the Director of Public Works or the director’s designated representative. (Prior code § 13.13)
12.08.060 Application for permit—Posting of permit.
Any permit granted under the terms of this chapter shall be issued in the format furnished by the city and shall specify the name and address of the applicant, the location of the property in front of which the proposed sidewalk, driveway approach, curb or gutter is to be constructed, the dimensions thereof Agenda Item #11.1.
and shall refer to this chapter for the materials to be used and the method of construction. Such permit shall be posted in a conspicuous place near the work to be done by the permittee to whom the same may be issued. (Prior code § 13.14)
12.08.070 Permit need not be issued. (No change)
Nothing in this chapter shall be deemed or construed to compel the city council or its duly authorized officer to issue a permit on any application that may be made therefor and as provided in this chapter if, in the judgment of the council or its duly authorized officer, the proposed work is against the best public interests, welfare or convenience. (Prior code § 13.15)
12.08.080 Concrete to be used—Exception.
No sidewalk, driveway approach, curb or gutter shall be constructed of any material other than concrete within the urban limit line unless expressly approved by the Director of Public Works. Asphaltic Concrete (AC) may be used for bikeway, multi-use path, sidewalk, curb and gutter outside the urban limit line with the approval of the Director of Public Works. (Prior code § 13.16)
12.08.090 Plans and specifications.
All sidewalks, driveway approaches, curbs or gutters shall be constructed, reconstructed or repaired in every particular in accordance with city the permit issued therefor. All sidewalks, driveway approaches, curbs or gutters constructed, reconstructed or repaired on streets in the city and accessible by the public shall be constructed in accordance with the standard plans and specifications for concrete sidewalks, driveway approaches, curbs or gutters approved by the Director of Public Works. (Prior code § 13.17)
12.08.100 City Maintenance of Certain Sidewalks.
A. It Is made the duty of the City where public property Is owned by the City in-fee and fronts on any public street therein to keep the sidewalks that are now or may hereafter be built to established along such frontage in a good state of repair so that they shall not endanger person or property passing thereon or interfere with the public convenience in the use thereof.
B. The City may assume responsibility for maintenance of any sidewalk, curb or gutter within the City limit and within the public right of way by resolution if the City Council finds that there is a public benefit to do so. Resolution shall clearly define the location of the segment of sidewalk, curb or gutter to be City responsibility and the maintenance activities for which the City will be responsible.
C. The City may rescind public responsibility for maintenance of any sidewalk, curb or gutter within the City limit and within the public right of way previously assumed by resolution of the City Council if the City Council finds that the public benefit cited in the aforementioned resolution no longer exists, never existed or was adopted in error.
Agenda Item #11.1.
12.08.110 Obtaining correct line and grade.
The Director of Public Works may require a property owner(s) who construct, alter or re-construct sidewalk fronting their property to first obtain the correct line and grade at the property owner's sole expense by a surveyor licensed in the State of California. The Director of Public Works may waive this requirement when a property owner performs maintenance or repair of an existing sidewalk where the existing alignment is not in dispute and is being retained.
12.08.120 Inspection, supervision and approval of work.
All work provided by this chapter shall be done under the supervision and direction and to the satisfaction of the Director of Public Works or the or the director’s designated representative, and inspection shall be requested by the permittee when the forms are in place, and no concrete shall be poured until such forms are inspected and approved. (Prior code § 13.20)
12.08.130 Responsibility for injuries—Protection of work (No Change) The one to whom any permit is provided by this chapter is granted shall thereby become and be responsible for the proper execution of the work, and for all personal injuries or damages to third persons arising from the doing of any of the work specified in such permit, and the permittee shall see that necessary barriers, “Street Closed” signs, lights and watch-men, or any thereof, as may be necessary to prevent accidents to the public and to protect work are provided. (Prior code § 13.21)
12.08.140 Permit fees.
The City Council shall have the right at any time, upon order duly made and given, to require payment of a fee for any permit issued under this chapter. All fees, fines and penalties applied under this chapter shall be published in the master user fee schedule as adopted by the city council. (Prior code § 13.22)
12.08.150 Repair requirements—Generally.
When the Director of Public Works determines a portion of the public right of way, for which the adjoining property owner is responsible, is needing repair, the Director of Public Works or their designee shall issue written notice to the responsible property owner in the manner and form prescribed by Sections 5611-5614 of the California Streets and Highways Code. The notice shall describe the repair to be made, reference the applicable City construction standard and the time period to complete the work.
An owner who fails or neglects to complete the repair within the time period specified in the notice or adhere to the City construction standard shall be guilty of a misdemeanor and shall also forfeit to the city the sum of fifty dollars ($50.00) and the actual cost for the City to complete the repair in the owner's stead. Such sum may be recovered by the city in a civil action brought in any court of competent jurisdiction.
12.08.160 Grading and paving along railroad tracks generally. (No Change) Agenda Item #11.1.
The city council being of the opinion and having in its judgment decided that the method of construction herein provided is necessary, does specify that when any street in the city has or hereafter shall be graded and paved with an asphalt wearing surface, on a concrete or other base, and there are railroad tracks laid in the street, the portions of the street between and under the tracks and for a distance of two feet on each side thereof, shall be graded and paved in the same manner and with the same materials as the rest of the street is graded and paved, subject to the following modifications adjudged by the city council to be necessary for the preservation of the pavement:
The tracks shall be laid flush with the official grade of the street, the rails to be secured to the ties on tie plates three-fourths of an inch in thickness and the ties to be spaced at thirty (30) inches apart center to center, except at joints where one tie will be placed under the end of each rail. Pockets under the rails between ties will be dug out and the entire width of the roadbed brought to the form shown on the plans hereinafter referred to, and the pockets and the space above the level of the base of the tie plates shall be filled with concrete thoroughly tamped and worked into such pockets and brought up solidly under the base of the rails and elsewhere brought to a true finish one and one-half inches below the official grade of the street and parallel thereto.
Paving bricks of good quality and suitable shape shall be set alongside the heads of “T” rails as shown on such plans; these to be set on sand cushions as shown therein. Where grooved rails are used, the pavement surface shall be finished with asphaltic paving mixture only.
After the paving bricks are set in place the space occupied by the toothing shall be filled with concrete.
The joints between the tracks and the rails shall be filled with asphaltic cement.
Upon the base thus formed shall be laid an asphaltic wearing surface one and one-half inches in thickness and to the official line and grade of the street. It shall be laid and constructed in like manner as the wearing surface on adjacent portions of the street on each side of the railroad.
The plan and specifications for the paving, prepared by C. H. Wallace, former town engineer, and filed in the office of the city clerk are adopted for a further description of the method of doing the work and by special reference thereto are made a part of this section; provided, that when any of the work is done under contract awarded by any of the officials of the city, the superintendent therein referred to shall be the street superintendent and when any of the work is done by private contract executed by any person or corporation owning any of the railroad tracks within the city, the superintendent of streets shall not have charge of the work, although he or she shall have the right to inspect the same as therein provided and to require that it shall be done in accordance with the regulations herein adopted. Any work not so done will not be accepted by the city. (Prior code § 13.43)
12.08.170 Grading and paving along railroad tracks—Enforcement by Director of Public Works.
It is made the duty of the Director of Public Works to enforce the provisions of Sections 12.08.160 through 12.08.180. In all cases where there are railroad tracks laid in any street so graded and paved with an asphalt wearing surface on a concrete or other base material and any portion of the street between and under the tracks and for the distance of two feet on each side thereof has not been graded and paved, in accordance with the provisions of said sections or where such pavement or the foundation thereof has become defective or out of repair, the Director of Public Works shall cause a written notice to be served upon the person owning or maintaining the railroad tracks, in which notice he or she shall specify generally the nature and kind of the work required, and shall direct the person to perform the same and it shall thereafter be the duty of any such person to commence the work within ten (10) days Agenda Item #11.1.
after the service of the notice, and to prosecute the same diligently and without the intermission until the same be completed, under the inspection and to the satisfaction of the superintendent of streets and to furnish and use thereon all appliances and workmen that may be required therefor and designated by the superintendent of streets. When any such pavement is hereafter required to be repaired under the provisions of said sections, it must be repaired in accordance with the provisions of Section 12.08.160 for the original construction of the pavement. (Prior code § 13.44)
12.08.180 Failure to comply.
Should any person fail to grade or pave any such street as required by Sections 12.08.160 through
12.08.180 or to comply with any notice that the director of public works may cause to be served upon such person under the provisions of said sections or to comply with any direction that he or she may lawfully give as to the manner of doing the work during the course thereof, or to repair any defective pavement or foundation now or hereafter laid on any of the streets between or under the tracks or for a distance of two feet on each side thereof, in accordance with the requirements of said sections for the original construction of the work, or to repair any defective pavement under or between the tracks, or for a distance of two feet on each side thereof on any street, after written notice from the director of public works so to do; such person so failing therein shall be guilty of an infraction for each and every day that such person shall fail therein after receiving notice from director of public works, so to do.
Nothing in Sections 12.08.160 through 12.08.180 contained shall be construed to relieve any such person from liability for any damage that may accrue by reason of his or her nonperformance of the work or to abate or modify any other remedy that the city may have to enforce the performance of the same or to forfeit the franchise of any such person. (Prior code § 13.45) Agenda Item #11.1.
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ST.
HELENA AMENDING SECTION 12.08 OF THE ST. HELENA
MUNICIPAL CODE REQUIRING PROPERTY OWNERS TO
MAINTAIN, REPLACE, AND REPAIR SIDEWALK FRONTING
THEIR PROPERTY
WHEREAS, Title 12 (Streets, Sidewalks and Public Spaces) of the City of St.
Helena’s (City) Municipal Code contains regulations relating to sidewalks; and WHEREAS, Chapter 12.08 of Title 12 of the City’s Municipal Code regulates the construction and maintenance of sidewalks; and
WHEREAS, Section 12.08.010(A) of the City’s Municipal Code provides that a property owner is financially responsible for maintaining the sidewalk that fronts their property; and
WHEREAS, the City Council desires to clarify that property owner responsibility under Section 12.08.020 is to maintain the public street is limited to vegetation and debris only and add a provision defining the role of street sweeping performed by the City; and
WHEREAS, the City Council wishes to further clarify when a surveyor is required, add discretionary authority for the Director of Public Works and general guidance on when and how to apply the Director's discretionary authority; and WHEREAS, the City Council wishes to clarify the enforcement process described in Section 12.08.150, the physical extent of owner responsibility (centerline of street or other) and conditions where this section might be invoked.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ST. HELENA, CALIFORNIA DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals: This Ordinance incorporates, and by this reference makes a part hereof, the aforementioned recitals;
SECTION 2. Amendment to Municipal Code Section 12.08.020. Section 12.08.120(A) of the City’s Municipal Code is hereby amended to read as follows:
“A. It shall be the duty of every owner of real estate within the city fronting on a public street to remove and clean away, at his or her own expense, the weeds, grass, brush and debris in the public right-of-way in front of his or her premises from the property line to the centerline of the street. It shall be the duty of the City to provide periodic street sweeping service to supplement the efforts of owners subject to this provision".
Agenda Item #11.1.
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SECTION 3. Amendment to Municipal Code Section 12.08.110. Section 12.08.110 is hereby amended to read as follows:
"The Director of Public Works may require a property owner(s) who construct, alter or re-construct sidewalk fronting their property to first obtain the correct line and grade at the property owner's sole expense by a surveyor licensed in the State of California. The Director of Public Works may waive this requirement when a property owner performs maintenance or repair of an existing sidewalk where the existing alignment is not in dispute and is being retained."
SECTIONS 4. Amendment to Municipal Code Section 12.08.150. Section 12.08.150 is hereby amended as follows:
"When the Director of Public Works determines a portion of the public right of way, for which the adjoining property owner is responsible, is needing repair, the Director of Public Works or their designee shall issue written notice to the responsible property owner in the manner and form prescribed by Sections 5611-5614 of the California Streets and Highways Code. The notice shall describe the repair to be made, reference the applicable City construction standard and the time period to complete the work.
An owner who fails or neglects to complete the repair within the time period specified in the notice or adhere to the City construction standard shall be guilty of a misdemeanor and shall also forfeit to the city the sum of fifty dollars ($50.00) and the actual cost for the City to complete the repair in the owner's stead. Such sum may be recovered by the city in a civil action brought in any court of competent jurisdiction.” SECTION 3. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.
SECTION 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days after its adoption, and a summary of this ordinance shall be published once with Agenda Item #11.1.
-3-
the names of the members of the Council voting for and against the ordinance in the St. Helena Star, a newspaper of general circulation published in the City of St. Helena.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the St. Helena City Council on the day of , 2024, and was adopted at a regular meeting of the St. Helena City Council on the day of , 2024, by the following vote:
Mayor Dohring: _____
Vice Mayor Hall: _____
Councilmember Chouteau: _____
Councilmember Kenealy: _____
Councilmember Summers: _____
APPROVED:
_______________________________
Paul Jamison Dohring, Mayor
ATTEST:
CITY OF ST. HELENA
___________________________________
Cindy Tzafopoulos, City Clerk
I, CINDY TZAFOPOULOS, CITY CLERK of the City of St. Helena, California, do hereby certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 2024. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of , 2024, by the following vote:
Mayor Dohring: _____
Vice Mayor Hall: _____
Councilmember Chouteau: _____
Councilmember Kenealy: _____
Councilmember Summers: _____
Agenda Item #11.1.
Agenda Report to the City Council
Agenda Section: OLD BUSINESS
Department: Public Works
DATE: July 23, 2024
FROM: Mario Traverso, Project Manager
SUBJECT: Discussion and Direction Regarding Downtown Paver Rehabilitation strategies between Adams Street and Pope Street
RECOMMENDED
ACTION:
Staff recommends revising the project to align with the scope of Option 2
The project becomes repair and maintenance
focused, targets specific surface needs
Minimizes expenditure on non-critical items
Allows time for due process for tree size and
species selection
Replacement Trees:
Use 15 Gallon size trees which are more cost
effective (14 trees) thereby saving $40,000 (or
$170,000)
Chinese Pistache is the recommended specie (and
if not available one of the others listed above), or
If a species of the larger trees is desired, staff
recommends London Plane
Upon receiving direction from Council, staff will amend the project documents to reflect the direction. The project will be promptly advertised in anticipation of construction in the Fall months.
PREVIOUS COUNCIL
ACTION:
The Project is included in the approved, current Capital Improvement Program. Discussion and direction provided
by City Council on April 9, 2024. Approval of plans on June 11, 2024.
STATEMENT OF THE
PURPOSE:
To provide updated information to City Council and receive direction regarding project scope and budget for downtown paver repair options.
FINANCIAL IMPACT: The fiscal impact varies among proposed project scopes.
The fiscal impact will be presented and determined upon City Council direction.
BACKGROUND:
Agenda Item #12.1.
There has been a long standing desire to improve the downtown sidewalks for a variety of reasons. The need to eliminate the undulation and minimize trip hazard has become more and more urgent. This was the initial intent of the previously authorized plan to address the trip hazard as part of the so-called temporary plan.
The more comprehensive plan for the rehabilitation of downtown St. Helena's sidewalks and streetscape culminated in the 2020 Mainstreet Pedestrian Improvement Project which was developed by BKF Engineers and Gates and Associates Landscape Architects. This plan was finalized in 2023 and represents what has come to be known as the Cultivate St. Helena design initiative. This wide-ranging plan for the Main Street pedestrian corridor includes new sidewalks, new and relocated trees, street furniture, new irrigation and electrical infrastructure and was developed with considerable input from the community and downtown businesses.
In 2023, the project was separated into two components due to rapidly increasing construction cost projections and the lack of identified funding sources. Phase 1A, encompasses Main Street from Adams Street to Pine Street. This portion is funded through a federal grant and the improvements will be consistent with the finalized Cultivate St. Helena plan. Phase 1B, encompasses Main Street from Adams Street to Mitchell Drive, and Staff had continued to work to identify a funding strategy to proceed with this portion of the project. In late 2023, the City was visited by Urban Land Institute (ULI), who presented design concepts resulting in significant reconfigurations of the corridor, including the idea of expanded sidewalks. Ultimately these ideas warrant further exploration and vetting. This exploration and vetting will be accomplished through the Downtown Specific Plan (DSP) process. The City has retained an urban design and land use consultant who is tasked with developing the City's Downtown Specific Plan. This plan will aggregate and integrate all previous design initiatives, concepts and strategies through robust stakeholder, Staff and Council engagement.
The City is in the beginning phases of DSP endeavor, which could take up to two years to finalize.
On April 9, 2024, Staff presented options and scenarios, to address the immediate needs of the condition of the sidewalks for Phase 1B resulting with staff being directed to pursue option A1:
Option A1 - Temporary Replacement of Pavers - Total Cost: $500,000 This option proposes to remove and reinstall the existing pavers. Staff is proposing the removal and retrofit of the base material, removal of trees (34) impacting the pavers and the replacement of the existing pavers. With this option, no trees would be replaced, no curb and gutter would be replaced, no sewer laterals would be replaced, and the existing concrete sidewalk would remain. Replacement of the 34 trees would be an additional $51,000.
DISCUSSION:
Agenda Item #12.1.
Upon the receipt of Council direction, Staff immediately began defining the scope of the project, and developing plans and specifications. The scope of the project began to evolve from the original Option A1 as presented, to include additional tree removals, additional tree replanting, increased tree size, replacing sections of curb and gutter, and replacement of sewer laterals (separate funding source). This current plan can be reviewed as Attachment 1. The development of the project has reached a point where strategic decisions need to be made as the overall scope and varying project specifics pose significant financial implications and create complications in developing an effective bid package.
Scope of Project
The central goal of the project has been to address the unsafe conditions of the downtown sidewalk pavers. The original Option 1A suggested removing and resetting all pavers and removing and replacing 34 trees. In this scenario, sections of pavers may be removed and reset that currently do not pose a safety issue, and trees will be removed that could otherwise remain if the adjoining path of travel can be corrected with root cutting and excavation. Alternatively, the scope of paver removal and resetting could be targeted to only the affected areas, and tree removal for those trees which root cutting would not be effective. The revised, smaller project scope can be reviewed as Attachment 2. The cost projections between the different approaches are significant.
After internal discussions and in consultation with stakeholders, consultants, staff now believes that we need to consider going back to the original goal of the project which was to make the sidewalks safer to use. Specifically, we believe that the City should address the undulation by removing and repacking the pavers only were needed. This will require focused trimming of roots, removal of problem trees, a more limited replanting of approximately 15 trees (as opposed to the previously estimated 40 trees).
This would avoid overinvesting in the temporary mitigations, and allow proper time for the inclusive design process, which will include comprehensive replacement tree selection, through the current DSP process.
Size of Tree Replacements
Unlike the plan authorized on June 11, which would have required replacement of about 34 trees, staff is now proposing a more limited scope of installing only 14 new trees (removal of only 9 existing trees). This means that the vast majority of trees will remain and continue to provide shade. Given that not all the existing trees are being removed, staff recommends the new trees be the smaller 15 Gallon types. While the smaller trees will not provide shade right away, all trees will need to be removed/replaced when the more permanent revitalization of the sidewalks is eventually undertaken. Further, the difference in cost of installing the larger trees is significant at approximately $40,000 for Option 2, and $170,000 for Option 1. Given the City's budget circumstance and the potentially temporary nature of the installation, staff recommends that the 15 Gallon trees be installed.
Agenda Item #12.1.
It is important to consider that in the Cultivate St. Helena plan and presumably in the forthcoming DSP plan, the trees will be relocated from their current locations.
Additionally, if the City proceeds with the installation of larger trees in the current efforts, the trees may not be salvageable if and when the DSP plan is realized. If the City chooses to pursue the larger tree replacement for the original project scope, it is estimated that 27 trees could be replaced with 48" Box size and 12 trees could be replaced with a 24"/36" Box size. If the City chooses to pursue the larger tree replacements for a smaller project scope, it is estimated that 9 trees could be replaced with 48" Box size and 2 trees could be replaced with 24"/36" Box size.
Species of Replacement Trees
The original 2020 Cultivate St. Helena design specified 5 varieties of trees for replacement. When the plan was reviewed by The Public Works staff and the City Arborist in January 2023, prior to the finalization, the City changed to the varietal selection as follows:
City Sprite Zelkova
Lagestromia Crape Myrtle
Chinese Pistache
Streetwise Trident Maple
Aeryn Trident Maple
Nyssa Sylvatica
In consultation with community members and a city consultant, staff has come up with the following three species primarily because of the more expansive shade canopy. London Plane
Zelkova
Red Maple
Generally, this suggestion to revisit the varietal selection will be a very important consideration if the City proceeds with the larger project scope. If the City chooses to proceed with a smaller project scope, the varietal selection becomes less consequential. Staff is requesting Council to also consider and direct staff regarding varietal selection.
Updated Options
The current project scope, trajectory and outstanding variables now require a consensus that has moved beyond staff level decision making. Staff is requesting City Council to revisit the project and discuss and provide direction regarding the scope of work and tree selection. Staff has prepared two options for City Council to consider.
Option 1
Agenda Item #12.1.
Remove 35 trees
Repair Curb and Gutter (Various sections totaling 380') Replant 39 trees (Plant additional trees in currently empty tree wells) Remove and reset all pavers
Pressure wash pavers
15 Gallon replacement trees: $650,000*
Larger replacement trees: $820,000*
Option 2
Remove 11 trees (currently identified as problem trees), Root trim the remaining Repair Curb and Gutter (Various sections totaling 200') Replant 14 trees (Plant additional trees in currently empty tree wells) Remove and reset only undulated sections of pavers
Pressure wash pavers
15 Gallon replacement trees: $240,000*
Larger replacement trees: $280,000*
*Estimate
ENVIRONMENTAL REVIEW: None
GOAL:
Goal 2: Improve Infrastructure & Further Environmental Sustainability Goal 4: Provide Effective Community Information & Opportunities for Engagement Goal 5: Enhance Quality of Life
Goal 8: Implement Capital Improvement Plans (CIP) Projects Miscellaneous/Other DOCUMENTS ATTACHMENTS:
Attachment 1 - Large Scope Plan
Attachment 2 - Small Scope Plan
Agenda Item #12.1.
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Agenda Item #12.1.
Downtown Sidewalk
Paver Repair Project
1 July 23, 2024
Mario Traverso
Agenda Item #12.1.
Revised Staff
Recommendation
2 • Targeted repair of undulated sections of
pavers to address trip hazards
• Root cutting & trimming to minimize the
quantity of anticipated tree removal &
replacement
Agenda Item #12.1.
Project Scope
3 • Localized Paver Repair
• Removal and replacement of 11 trees
• Tree well trim rehabilitation
• Replant 6 trees in existing empty tree wells
• Limited repair of curb and gutter
• Pressure wash paver surface
Agenda Item #12.1.
Project Scope Details
4 Trees Removed 11
Additional removals may be necessary
depending on root conditions.
Elyse Walker Woodhouse Chocolate
Wish Gallery Model Bakery
Orin Swift Gillwoods
Guigni’s Caldwell Snyder Gallery
Trees Replanted 17 15 – Gallon or larger box size of
24” – 48” depending on site constraints.
Curb & Gutter
Replacement
200 Feet
Sections of excessively damaged curb
associated with locations where trees will
be removed
Agenda Item #12.1.
Trees Removal Locations
5 Agenda Item #12.1.
Replant Trees in Existing Wells
6 Agenda Item #12.1.
Replacement Trees – The London Plane
7 Larger Box
15 - Gallon
Agenda Item #12.1.
Replacement Trees – The Chinese Pistache
8 15 - Gallon
Larger Box
Agenda Item #12.1.
Cost Estimates
Revised Scope of Work
15 – Gallon Tree Replacement Size $240,000
Revised Scope of Work
Larger Tree Replacement Size $280,000
9 Agenda Item #12.1.
Project Details
• Post RFP – July 24
• Proposals Due – August15
• Project Award – August 27
• Project Start – Mid September
• Project Completion - December
10 Agenda Item #12.1.
Questions & Discussion
11 Mario Traverso
Project Manager
707-204-9084
[email protected]
Agenda Item #12.1.
MyBigTree Petition to the St. Helena City Council to
Replant Only Big Trees on Main Street
Petitions submitted by local citizens thru MyBigTree.org Presented to the City of St. Helena on Monday - July 22, 2024 Jennifer Garden
Evelyn Pool Please plant larger trees.
Brian Nash If trees are removed, they need to be replaced with large trees. Otherwise there is little point to replanting to make any real difference.
Carry Thacher
Valli Ferrell I hope the tree committee also makes sure the type of tree planted will not cause similar problems with new sidewalks. I agree that bigger trees must be planted to avoid creating a desert-like downtown.
Dana Reid Please replace existing trees with more mature trees than 15 gallon saplings.
Madeline Buty Please replant big trees on Main Street. Thank you.
Robin Rocha Against the small trees coming in
Ann Hugger Please plant mature trees to insure not only the character and uniqueness of Main St., but as an enhancement for visitors, residents and the shops. It's a win/win! Michael Vanderbyl
Nancy
Aaliya Dadabhoy Plant BIG!
Megan Long
William Odegard
Brooks Scott Please replace the big trees in Main Street with other mature trees! The beauty of downtown St. Helena is enhanced by these lovely specimens. To replace them with saplings will detract from the old/vintage aesthetic and allure of the downtown.
Laura Harvey Great idea!
Barbara L Whittenton Please put in mature trees! If the heat and fires don’t keep the tourists away, Main Street without shade certainly will. It’s a chance for the Council to be proactive versus reactive.
Carlo Antonini
Erin Przyblylinski Yes, please let’s confuse trees in planters that are more mature Thank you so much.
Agenda Item #12.1.
Serena mondavi ventura With all of this heat every summer saplings? who makes these decisions?
we need to upgrade our town not degrade it!
Make St Helena beautiful
Have a fund raiser whatever it takes but grown trees are a downtown necessity Mike & Ann Thomas I suggest we plant trees initially with branches 6-7 feet above the ground for pedestrian clearance. Since there would be more cost for the larger trees, offer donors of $500 or even $1,000 a small plaque on a tree in recognition of their contribution.
Lin Weber
Margie Hart
Bill Hart
Margaret Hart Please consider replacing the trees to be removed from Main St with larger, more mature trees. Thank you for your consideration.
Nanci Knight Please also consider mature trees in 4'x4' decorative boxes. Thank you! Casey Brown Please replace the trees on Main St. With larger tree sizes suitable for a sidewalk installation.
There are many options available so that our downtown would be so bare after the sidewalk work. Thank you.
Richard Corsetti I prefer planting the larger and already mature trees.
Jamie Shuel Has anyone done a cost analysis?
Tracy Kraner Please reconsider cutting the trees on Main Street as it will detour shoppers from shopping without shade. Please consider another option as it will take many years For the small trees
To grow and hurt St. Helena’s property values.
Dianne Przybylinski Please do NOT plant these small saplings in our downtown! If there was any reason to spend a little more money on our town it is this — lack of greenery downtown will adversely affect the overall “feeling” of shopping in a welcoming environment.
Stephanie Smithers
Jane Inch If cost is an issue with getting larger trees…We are happy to participate.
Mark Nlaustone
Don Simons
Patty Simons Think ahead!!
Padget kaiser Please maintain the charm and quality for residents and tourists alike Maureen Moulton Please replace the trees on Main Street with larger trees. We can't wait years for small trees to grow.
Agenda Item #12.1.
Susan Shifflett We only have one main street in this small town. Only one chance to make a good first impression for visitors. Shop owners need and deserve expert planning by the City for survival.
Please do it right. Don't short change our image by being cheap. Can a few of the healthier and larger original trees be saved? And interspersed with medium sized replants? Susan Calcagno Taking out trees is short sighted and irresponsible.
Keylla Freitas Only big three on the main city street.
Kimberly
[email protected]
NO need to DIG UP OUR TREES!
Simply make bigger HOLES IN THE PAVERS!!!
Jeffrey Green Please find another solution to cutting down the trees.
Johanna Patrick This will be detrimental to the shade, and it will take away much of the charm of St Helena.
Liz Lopez
Nick Roman Even with the trees in place, I avoid walking on the east side of town because it is so hot.
Without any trees the east side would be unbearable.
Chelsea Radcliffe
Kathi Brotemarkle I fully support the planting of larger, mature trees on Main Street vs. small 15 gal. saplings. It would take years for those smaller trees to provide shade and a beautiful environment. I think the benefits justify the expense.
Michelle Hagen This is ridiculous. Save our trees and put the money into fixing Hunt and Oak streets, please!!! Removing trees is the least of our worries.
Ashley Newman
Renee Paladini For the many reasons cited on this web page, I stronly encourage the City Council to consider finding ways to preserve the existing trees in place for the sidewalk replacement project.
There are alternatives such as boxing/enclosing in the root system, instead of removing the healthy mature trees along Main St. At the very least, please consider replacing with large mature Chinese Pistache trees as advocated by the mybigtree.org group.
Al;exis Rago thank you for the consideration!
Riley Preston We need to preserve the beauty in Saint Helena Leslie Stanton SHADE! We need shade!
Katherine Salinas I agree with this petition and believe larger trees would be a better choice to replant vs such small ones.
Susan Snyder Please only plant large mature trees !
Isaias Aguilera This is the dumbest thing the city can possibly do. Born and raised in Saint Helena for 30 years, 3rd generation. I find this unsettling. Cmon Saint Helena do better! Caitlin McFall With these constant heat waves, we need resistant trees, not vulnerable saplings! Margarita We need shade!
Agenda Item #12.1.
Debbie hansen
Megan Dickerson Europe has trees on their main streets that have been there Forever ! I’m handicapped and I’d rather have mature trees and be careful where I step if the sidewalk buckled a bit from tree
Roots.
Antoinette von dem
Hagen
We need big trees to cool the environment. Do you know how much heat bare sidewalks put out?
Ray Ray Yes, We need shade and the beauty of our big trees! Katie Leonardini
Shawn Vandergriff Use the money to fix the sidewalks where the trees may have messed them up.
Blake Gilmore Find a better solution!!
Sandra Wilder I think that you would find that many people would be willing to contribute toward buying mature trees. Please find a way to make that happen. We need the shade especially with increasing heat
Robert Reichenberger Please replace with large mature shade trees Becca Reichenberger
Diesel Chappellet We need big trees on Main Street. No way ten years without shade would be good.
Madison Greene
Thomas Greene
Paris Van Dyke Big trees only
Doug Van Dyke Big trees
Ame Van Dyke Big trees need to be planted!
Maura Wilson Great...but the City is fairly broke..burn rate anyway for a few years in the future. Is the petition going to explain how the City is going to pay for the trees??? Connie Greene Please replant only big trees. Thank you
Michael Sabino Please only plant large mature trees. As new merchants in SH (Tweed & Vine) we need to keep the trend up of beautifying Main Street. Thank you!! Kathy Tyler Don't ruin what is left of the charm in St. Helena..but when you do this make sure not only the sidewalks are ADA compliant but the businesses door thresholds are too.
Laura Rombauer: Vintage
Home Napa Valley
I agree - only plant 36" - 48" boxed trees. Maybe businesses can sponsor the new trees in proximity to their locations
Maureen Levandowski PLEASE - We need to repair sidewalks for sure, but we have to plant BIG TREES with deep roots (not shallow or spreading) to keep the integrity of our beautiful city! Nichole Stottlemyer
Terry McWilliams Please consider larger trees, and think about this. I'm 83 and would like to enjoy main street.
Michele Barberi Hyde We don't have a lifetime for some shade on main street. Plant mature trees Agenda Item #12.1.
Amy Barak We support larger tree's/alternatives
Pierette Titus Trees help cool down our city! Facing climate change with high temperatures beating our town, cutting down and replacing with small tree saplings will be detrimental for visitors and locals in our downtown area for many years!
Aaron Barak Penny wise, pound foolish. Put larger trees/alternative trees in place Lisa goldfarb replacing with larger trees aligns with the image of St Helena. I understand the city probably doesn't have the funds, but a possible fundraising effort to achieve this goal could keep the inherent beauty and image of our town in tact.
Marisa Mora Big trees only please !!!
steffanie gamecho
Lisa Pelosi Please consider larger trees for this project. Thank you.
Sara Chappellet Larger trees please!
Gill and Patricia Cogan Thank you for your well argued advocacy.
Patrick Kenealy Please plant big trees that provide shade when installed, or leave the current trees in place.
Maryam Malek While I completely understand and support the concerns with sidewalk safety and tree roots affecting the sewer, I have the following questions/ concerns regarding the replacement options:
1) Has a thorough study by a licensed arborist or other qualified professional who is deeply familiar with trees, their longevity, and root systems, been performed to assess if the replacement saplings will not cause similar concerns down the line? 2) What is the likelihood of the selected replacement trees surviving? 3) St. Helena has a very charming unique downtown aesthetic. The current mature trees add to the opulence and elegance of our beautiful city. Not only do they provide much needed shade (please don't suggest an awning as a direct replacement of what nature provides), they mark the downtown area with their presence, adding to the appeal. Besides the obvious benefits to locals, tourists will know that they have "arrived" by spotting the trees covering the sidewalk from a distance. While the intent of last year's brown signs with their messages may have been very positive, they make a disney-like joke of our historical town. Nature and trees have a much greater power to attract people and create a relatable biophilic ambient atmosphere that is healthy for the soul and mind. Tourists will be attracted to that a lot more than man-made signs. The age of the trees indicate the age of our city and we want to be known for our historical charm and mature existence as well as our efforts to be green. Part of the blue zones appeal is the connection to nature. PLEASE CONSIDER REPLACING THE TREES WITH OTHER MATURE TREES, NOT YOUNG SAPLINGS.
Agenda Item #12.1.
Lydia Plotkin We need to replace trees with more mature trees than those proposed to maintain the beauty of St. Helena
Sarah Sandurson I am petitioning the city to only replant large trees.
Sarah Preston
Mike Preston Large trees only!
Deborah Preston Please replace the trees with appropriate large size trees.
Nichole Stottlemyer
Kyle Preston I want the trees to stay, they are a huge part of what makes downtown St. Helena what it is.
Katryana Please keep the large trees. Taking them out and planting small trees will only repeat what the counsel did before. Plant small trees, and let the small trees damage the side walks when they get larger for another generation to deal with. Fox tht side Walks, but keep the larger trees that are here. There is a way of fixing the side walls and keep them.
Doug King Replace with big trees only please.
Jack Dugan
Nancy King Please do your best to keep big trees on Main Street 🙏 Karen Dugen Leave the trees !!
Susan Duprey Please don’t b plant the small trees the city is proposing. Our Main Street needs to be charming and pretty. Not barren.
Thank you.
Caroline Palmisano
Nancy Rothman Replacement is necessary but if there are more suitable larger tree options we should use them.
Courtney Shifflett We would like to keep big trees. We already lost the big trees by Wells Fargo. It would greatly affect the beauty of our town if we didn’t have big trees.
Hailey Covey
Les Breckenridge Totally agree. Big Trees are a must. Saint Helena seems to be enjoying a renaissance of late, please don't mess up the look with saplings.
Cynthia Warren
Carolyn Duryea Please do not cut down the beautiful mature trees on Main Street. They are healthy and vigorous !
Ginger Martin I was hoping we could keep the original trees in place. I have seen that will be impossible in order to fix the sidewalk. But we must have tree coverage and large trees are the only way to go to provide the feeling of beauty and shade on our Main st. Thank you! Lori Barrett Please reconsider your choice for replacement trees!! So many trees are being taken from St.
Helena it is losing its personality. Larger replacements would go a long way to keeping our little town shady, attractive and functional.
Scott Whitacre Please plant the larger trees
Agenda Item #12.1.
Patricia Stephens We need to find an alternative solution to replacing the currents trees with small saplings.
Main Street needs shade as well as safe sidewalks.
Tiny Boak What is the reasoning for replacing the trees?!?!? St Helena has many, many more issues that need to be addressed before the thought of replacing trees comes to the mind of the city leaders.
Jenifer Krenz I would hate to lose large trees along Main Street for many reasons including losing a canopy of shade, and the overall aesthetic of our town. Please consider proposal of large Chinese Pistache trees. Thank you.
Ann Mitchell Ryan Please reconsider this plan. There is nothing more important than shade trees in the extremely hot environment in which we live in Saint Helena. As a residents of Edwards Street, my husband and I walk the streets every day and it has been with great sadness that we have witnessed the decreasing canopy in our town. The news that our trees on Main Street will be cut down and replaced with saplings is heartbreaking. Please consider sidewalk replacement, or at the very least, the planting of mature trees.
Thank you,
Ann Mitchell
Brian Nash
Julie Spencer
Amy Ellingson
Susan McWilliams I fully support planting the largest trees deemed feasible on Main Street in consultation with several qualified arborists. The tiny trees the city has planted elsewhere in town will leave the downtown bleak and uninviting; without shade for a generation. The once-verdant Tunnel of Elms was a treasure; its partial loss shows the impact trees have on the landscape.
Noreen Fetzer Hi, I am a business owner on the east side of Main Street, the afternoon sun side! Planting 15 gallon trees will take years to provide any needed shade. Let find a way to put in mature trees! If money is an issue, can we start a fund raising effort? There has to be a solution! Thank you! Lauren McMullen Plant larger trees to replace
Cynthia Kee Larger trees
Kimberlee Jeanes
Alma Garibay
Taylor Griggs
Toni Rigdon No on small trees . It will take years for them to mature into something that is in proportion to our downtown street and the buildings
Darcy Dunlap Please replace with mature Chinese Pistache Arlene Roybal Schaeffer BIG TREES, Mature trees. NOT SAPLINGS Agenda Item #12.1.
Kathy McCarthy We need to ensure that this project is handled by professionals this time, not left to public works employees. Has an arborist been consulted and/or contracted? Are these the free saplings being given away out in Sacramento? Trident Maples https://sactree.org/trees/trident-maple/
Kellie Gato Shade is crucial to prosperity and livability! 15 gallon trees are inadequate to achieve a edible pedestrian appeal. I suggest 24 inch box trees at minimum and suggest Zelkovas as the choice. The trees should all be the same to create a dramatic alee . Do not mix tree species.
Linda Rose Please, please plant large trees.
julie dickson Larger replacement trees for Main
Street
Marie Bourget Please keep our trees on Main Street. There are other ways to deal with the sidewalks that have been affected by these trees. Cutting them down is a drastic move. And I have heard that the trees will be replaced in August! The wrong time of the year for new plantings.
Ashley Withers Please replace existing trees with larger trees! Suzanna Musick Please reconsider and retain our downtown charm and the much needed shade larger trees provide!
Karen Cassel
Agenda Item #12.1.
Annemarie Ridgway As a citizen who loves St. Helena, I fear that the City's decision to replace these grand trees with smaller 15-gallon 'sapling' trees could transform our beautiful downtown into a bleak urban desert. We need mature trees not only to maintain the visual appeal, reminiscent of our history, but also for their essential environmental benefits.
Big trees play a significant role in the overall well-being of urban centers. According to the U.S Environmental Protection Agency, large trees can absorb up to 10 times more pollutants, retain 100 times more carbon, and contribute significantly to the reduction of urban heat islands compared to smaller trees. Furthermore, the visual appeal of mature trees enhances property values by 5-20% (National Arbor Day Foundation).
I request that the city reconsiders its tree replacement strategy for Main Street. I propose that the City plant larger, mature trees instead of smaller specimens to safeguard our aesthetic and environmental heritage. This demand is not only about preserving our town's beauty but represents an urgent plea for maintaining the ecological balance that these large trees provide.
And, a hot and bleak downtown will have impacts on local commerce. Without some mitigating shade, people will be reluctant to walk on Main Street. No shade . . . no sales tax for the City.
Janice Andrain Replant with sufficiently large trees to provide shade and ambiance.
Courtney Andrain Please consider all relevant options before simply opting for the lowest cost alternative. We will be living with this decision for a long time to come and the smaller trees simply do not provide the shade or aesthetic worthy of our town. Buy quality - you only wince once.
Tom livermone Please only plant the largest possible trees!! Wayne Donaldson Please consider larger trees!
Melissa I am in support of larger trees being used to replace the existing trees being removed for the sidewalk repair. I am happy to make a donation if it is a cost issue.
Myriah Mutrux
Jeffrey Dreyfus Please don't plan
Kristin Martin we need to replant larger trees on Main street! Kristin Isdahl 15 gallon trees will take years to shade our beautiful main street. We need to replace the trees with larger trees.
Cynthia Ford Please reconsider the plan to replace St. Helena’s mature trees with very young trees!! Katherine Please consider planting larger trees on Main Street when replanting. Thank you Karen Caldwell I want Big Trees!
Agenda Item #12.1.
Genevieve Schlangen Thank you for bringing this to our attention! I am all for the sidewalk repairs but need to maintain the landscape environment as best as we can!
Charlotte Lord
Sue Wollack I am totally against cutting down the beautiful old trees on Main St.
Paulina Humeres-Greene I want to be positive. I think it is important to look at scale, volume and architecture around main street and which would be the best trees that would provide much needed shade and beauty. If you would like to see the results of the 15 gallon trees, please take a look at the little park by the railroad tracks with the public bathrooms and see how those trees are doing.
Dione Carston Pls plant the 48 gallon trees for Christ’s’ sake- this town has had its balls cut since the 80’s and it’s continually made every bad decision possible. Downtown Winters is better managed.
Lawrence Papale Please use the bigger trees.
Kiki Furst
Linda Rose Please, please
Maureen Moulton Please consider planting only large trees replacing the large trees you’ll be removing on Main Street.
Trudy and Earl Bouligny This is compelling information. " Big trees play a significant role in the overall well-being of urban centers. According to the U.S Environmental Protection Agency, large trees can absorb up to 10 times more pollutants, retain 100 times more carbon, and contribute significantly to the reduction of urban heat islands compared to smaller trees. Furthermore, the visual appeal of mature trees enhances property values by 5-20% (National Arbor Day Foundation)." BONNIE K SCHOCH I agree the sidewalk needs to be fixed, but the city needs to budget for bigger trees so we don't ruin the look of Main Street.
John Please consider replanting only Big Trees on Main Street. Beautify St. Helena don't diminish Our Town.
Mary Stephenson Please consider planting larger trees on Main Street after the sidewalks are repaired. Even if you only replace every other one of the existing trees it will be better than saplings which will take years to grow.
Susan shay As a long-term resident, I vehemently object to this decision. A main feature of our downtown are those trees and the shade they provide to pedestrians. Whoever made this decision clearly does not live in Saint Helena.
bonnie storm Please plant big trees downtown
Lisa Togni
Agenda Item #12.1.
Linda Williams Our tourists are not coming here the way they once were due to the high cost of hotels and high temperatures. The merchants are suffering, trickling down to the community as a whole.
I understand that the trees must be replaced due to the dangerous condition of our sidewalks, but we must replace them with BIG TREES. Planting small trees is ridiculous.
Susan Taylor Kistler Yes, 15 gallon saplings will take too long to grow to provide the shade and charm needed of our beloved Main Street.
Barbara Oliver Please plant only BIG trees on Main Street. Consider the environment as well as the pavement. Long needed solution!! Thank you.
Diana Smith Please do not replace our large downtown trees with saplings. The downtown look and feel will be ruined! Plant larger trees so we can retain our beautiful downtown.
Diana Smith
1629 Tainter St.
St. Helena, CA
paula kornell No,,,No,,No,,
Lyndsey Harrison Only mature large trees please.
Helen Thompson The beauty of St Helena is characterized by the abundant greenery on Main Street - making the town attractive and comfortable for visitors to stop and linger. Please can we do what we can to preserve the inviting environment created by more established trees Barry Ives Shade trees are needed on Main St.
Kathleen Carrick We need shade trees on Main St. not little lolly pop trees. We had those 40 years ago and pulled them out to plant trees that provide shade. In these “climate change “ times we need shade.
Polly Ogden There is a better way. We need shade and beauty as well as safety. susan m duryea this a good solution all the way around. Keep our town safe and beautiful Sue Furdek I support planting big trees to keep our downtown looking attractive.
Julie Jenanyan Please consider this petition. A downtown street without shade is not going to attract the tourist business upon which our valley relies heavily.
Thomas Paul Smith I support LARGE trees for replacement.
Lara Fieldling I believe we should invest in larger re planting trees. And would donate to this cause.
Donna Hinds Our downtown is beautiful party because of the beautiful Chinese Pistache trees.. These trees greatly enhance the beauty of our town, especially n the fall with their beautiful colors. I join in the petition to replace the trees with mature trees.
Agenda Item #12.1.
Dayna Vankleeck Please do fix our sidewalks but replant with MUCH BIGGER TREES🙏 🙏 🙏 Fred We need a downtown that is an "inviting" downtown, not one that looks like a suburban strip center. Thanks for your consideration.
Mary Wilson Please consider planting larger trees! Or at least alternate the removal , and spacing the small trees in every other space.
Elaine Honig
Clare Abbey Sure pavers need repair but there must be a better way than pulling all those lovely trees.
Good Heavens!
Ginger Martin Please save the beautiful trees and fix the pavers. We should be able to do this!! I have great landscape engineers if you want another opinion.
Erin Martin Go big and be home!!!
Georg Salzner Please use the large trees for replacing the current ones.
Georg
Sheree Waterson Please replace the trees on Main Street with large mature trees on caliber with the ones being removed. It is CRITICAL to maintaining an environment that this town is known for.
MARGO Simons PLease!!
susan & Tor Kenward Please work with us to purchase and plant larger trees on main street. Please don't purchase the smaller trees. Give the citizens a chance to help get larger trees.
Philip Norfleet
Jim Anderson
Thomas Allen Strongly urge the city to support the big tree option. Very important for the economic health of the town and for making it visitor- and resident walkable.
Larry Heit Small 15 gallon trees will take too long for the city to return to a beautiful and needed shaded landscape. Small trees also have a smaller survival rate in an urban environment.
Please invest in a company that specializes in larger urban species.
Oliver Caldwell Wait for financing opportunities to implement permanent fix.
John Hawkins Big trees make tremendous sense for our town. Please don't make a mistake and put in little trees!
Karen Rowland
Anne Offord
James Wickesberg
Cort Schwanebeck Thank you for forward thinking!
Agenda Item #12.1.