Agenda, regular meeting — St. Helena City Council, August 27, 2024

City of St. Helena
Regular City Council Meeting
Tuesday, August 27, 2024 @ 6:00 PM
Vintage Hall Board Room - Second Floor
465 Main Street, St. Helena

PLEASE NOTE: Any person who wishes to speak regarding an item on the agenda or make a comment under the "Oral Communication" portion of the agenda may do so, but please observe the time limit of four minutes. The Mayor may reduce the four minute time limit for all speakers in circumstances where a large number of citizens intend to make public comment.

Public comment for meetings will be accepted via email to [email protected]. All public comments must be received three hours prior to the meeting. All other public comments received after the deadline will be attached to the item the next business day or soon thereafter. Public comments will not be read out loud but will be publicly available and attached to the on-line agenda.

The schedule of upcoming meetings and published meeting agendas can be found on the City of St. Helena website at https://sthelena.civicweb.net/portal/.

Page

1. CALL TO ORDER

2. ROLL CALL
Mayor: Paul Dohring, Vice Mayor Eric Hall:, City Council Members: Anna Chouteau, Patrick Kenealy, Billy Summers

3. PLEDGE OF ALLEGIANCE

4. ADOPTION OF THE AGENDA

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

5.1. Consideration and proposed approval of Regular Meeting Minutes of August 13, 2024.

Regular City Council - 13 Aug 2024 - Minutes
7 - 13

6. PUBLIC FORUM:

Members of the public are entitled to speak on matters of municipal concern not on the agenda during Public Forum. Each person’s comments shall be limited to 4 minutes. Each person is entitled to speak on any non-agendized item only once at any meeting. Brief questions by Council Members for clarifications may be posed and answered, and Council Members may make requests that items be placed on future agendas, but in accordance with state law, no substantive discussion or action may take place unless and until the matter properly appears on the agenda.

Estimated start time: 6:10 p.m.

7. REPORTS BY STAFF AND CITY COUNCIL, FUTURE AGENDA ITEMS, AND

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AB 1234 REPORTS:

Reports by staff and/or Council Members on items of general interest. Brief questions for clarification may be posed and answered, and Council Members may request that items be placed on a future agenda. Except under certain circumstances, the Brown Act prohibits any other discussion or action by the City Council.

Estimated start time: 6:20 p.m.

8. PRESENTATIONS AND PUBLIC RECOGNITIONS

9. STAFF BRIEFING

10. CONSENT ITEMS
Members of the Council or the public (present at the meeting) may ask that any items be considered individually for purposes of considering alternative action, for extended discussion, or for public comment. Unless that is done, one motion may be used to adopt all recommended actions. (Roll Call Vote) Estimated start time: 6:30 p.m.

10.1. Consideration and Proposed Approval of a Resolution Establishing the 2025 Tax Rate for General Obligation Bonds.

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

Staff recommends approval of the attached resolution.

Staff Report - Pdf
15 - 17

10.2. Waiver of second reading and approval 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 July 23, 2024 City Council meeting.

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

Introduce and waive the second reading of the proposed revisions to the ordinance.

Staff Report - Pdf
19 - 36

10.3. Proposed approval of a resolution authorizing Amendment #1 to the Professional Services Agreement with California Consulting in the amount of $25,000, for a total amount not-to-exceed of $50,000 to provide grant research and writing support on an as needed basis.

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

Staff recommends approval of the attached resolution.

Staff Report - Pdf
37 - 57

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10.4. July 2024 Review and Forecasting of City Water Supply Availability.

CEQA Determination: Not a CEQA project
Prepared By: Ian Dale, Environmental Services Tech
Recommendation:

Receive and file.

Staff Report - Pdf
59 - 64

11. PUBLIC HEARINGS
Estimated start time: 6:40 p.m.

11.1. Introduction of Ordinance Adding Sections 15.18.020 through

15.18.090 of the St. Helena Municipal Code Chapter 15, (Buildings and Construction) to reduce Greenhouse Gas Emissions and the impacts of climate change.

CEQA Determination: This action is exempt from the requirements of CEQA under the "General Rule", Section 15061 (b) (3), in that it can be seen with certainty that no environmental impacts will result from this action; and Section 15273 given that CEQA does not apply to Rates, Tolls, Fares and Charges.

Prepared By: Philip Henry, Chief Building Official
Recommendation:

Introduce and waive the first reading of the proposed Ordinance to:

1. Find that the proposed addition of Sections 15.18.020 through

15.18.090 to the St. Helena Municipal Code Chapter 15 is exempt from CEQA pursuant to CEQA Guideline Section
15061(b)(3); and .

2. Add Sections 15.18.020 through 15.18.090 to the St. Helena Municipal Code Chapter 15.

Staff Report - Pdf
Public Comment. Chris Warner
Public Comment.Napa Climate NOW!
65 - 77

12. OLD BUSINESS
None.

13. NEW BUSINESS
Estimated start time: 6:55 p.m.

13.1. Adopting a resolution appointing one applicant to the Library Board of Trustees to fill a vacancy
CEQA Determination: Not a CEQA project
Prepared By: Cindy Tzafopoulos, City Clerk
Recommendation:

Adopt a resolution appointing an applicant to the Library Board of Trustees.

Staff Report - Pdf
79 - 91

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13.2. Review, Discussion, and Direction of Ad Hoc Water/Wastewater Exploratory Committee Recommendation to City Council.

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

Review and discuss the WWE Committee recommendation and provide direction to staff.

Staff Report - Pdf
Public Comment.Chris Warner
Public Comment.Garry Rose
93 - 107

14. CITY COUNCIL REPORTS:

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

15. ADJOURNMENT
The next Regular City Council meeting is scheduled for September 10, at 6:00 p.m.

This agenda was posted at City Hall, 1088 College Avenue, and at Vintage Hall, 465 Main Street, St. Helena, California on 27 Aug 2024.

Cindy Tzafopoulos, City Clerk

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

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

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

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

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MINUTES
City of St. Helena
Regular City Council Meeting
Tuesday, August 13, 2024 @ 6:00 PM
Vintage Hall Board Room - Second Floor
465 Main Street, St. Helena
A complete video recording of this meeting, except for closed session, can be found at https://sthelena.civicweb.net/Portal/ or by calling the City Clerk at (707) 968-2742. The City Council video is the official record of the Council meeting.

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

Absent: Council Member Patrick Kenealy

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. ADOPTION OF THE AGENDA

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

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

5. ADOPTION OF MINUTES

5.1 Consideration and proposed approval of Regular Meeting Minutes of July 23, 2024
Vice Mayor Eric Hall moved to approve the Regular Meeting Minutes of July 23, 2024. The motion was seconded by Council Member Anna Chouteau and on roll call carried by the following vote:

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

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Regular City Council
August 13, 2024
ABSENT: Council Member Patrick Kenealy
ABSTAIN: None
RECUSE: None

6. PUBLIC FORUM:

No public comment was received.

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

City Attorney Ethan Walsh noted there was no reportable action from the August 13, 2024 special City Council closed session meeting.

Reports were made by staff and City Council.

8. PRESENTATIONS AND PUBLIC RECOGNITIONS

8.1 Presentation of Capital Improvement Program Project Update by Joe Leach, Public Works Director
Interim Asst. Director of Public Works, Lesley Milton, presented on behalf of Director Leach.

8.2 This item will not be heard and continued to August 27, 2024.

Presentation of SMART water meter operation in preparation for project implementation by Joe Leach, Public Works Director

9. STAFF BRIEFING

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

10.1 Consideration and adoption of a resolution authorizing Amendment #1 to Professional Services Agreement (PSA) FY2024-026 with consultant North Coast Community Planning related to providing contract planning entitlement processing services to the City for an additional $125,000 for a total contract amount not to exceed $150,000.

CEQA Determination: Not a CEQA project
Prepared By: Maya DeRosa, Community Development Director Recommendation:

Approve and adopt the attached resolution.

Agenda Item #5.1.

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Regular City Council
August 13, 2024

10.2 Consideration of a Resolution to set a Public Hearing for 6:00 p.m. Tuesday, September 24, 2024, to consider objections to the proposed annexation of the property known as 1582 Sulphur Springs Avenue, St. Helena, CA (APN 009- 362-021), into the St. Helena Municipal Sewer District No. 1, MSD Annexation No. 150.

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

It is recommended City Council approve the Resolution and set a Public Hearing for September 24, 2024 to consider objections to the proposed annexation of the property known as 1852 Sulphur Springs Ave (APN 009-362- 021), into the St. Helena Municipal Sewer District No. 1, MSD Annexation No. 150.

10.3 Adopt a Resolution authorizing the purchase of chemicals from JENFITCH for the Water Treatment Plant in the amount of $35,000 for FY 2024/2025.

CEQA Determination: Not a CEQA project
Prepared By: Lesley Milton, Interim Assistant Director of Public Works - Operations
Recommendation:

It is recommended that the City Council authorize the purchase of JC 9465 and JC 1675 from JENFITCH as per the provided quotations. This authorization will enable timely implementation of the new treatment process, ensuring continued improvement in raw water quality.

10.4 Approve Resolution Authorizing the Purchase of a Used Telehandler Tractor Unit for the Wastewater Treatment Plant for a not-to-exceed cost of $50,000.

CEQA Determination: Not a CEQA project
Prepared By: Lesley Milton, Interim Assistant Director of Public Works - Operations
Recommendation:

It is recommended that the City Council approve the purchase of the telehandler equipment for the Wastewater Treatment Plant.

Vice Mayor Eric Hall moved to approve items 10.1 - 10.4. The motion was seconded by Council Member Anna Chouteau and on roll call carried by the following vote:

AYES: Mayor Paul Dohring, Vice Mayor Eric Hall, Council Member Anna Chouteau, and Council Member Billy Summers
NOES: None
ABSENT: Council Member Patrick Kenealy
ABSTAIN: None
RECUSE: None
Agenda Item #5.1.

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Regular City Council
August 13, 2024

10.5 This item was pulled.

Approval of a Resolution Authorizing Amendment No. 7 to STH Contract:

FY2021-077 amending the scope of services to provide a temporary Wastewater Treatment Operator Grade 1 position during Membrane Bioreactor (MBR) Start-up operations and 0.5 Underground Utilities Superintendent adding an additional cost of $125,639 for a total amount not-to-exceed of $1,522,825 and Authorizing Amendment No. 8. to STH Contract: FY 2021-048 amending the scope of services to provide 0.5 Underground Utilities Superintendent adding an additional $40,639 for a not-to-exceed cost of $3,624,644.

10.5 Approval of a Resolution Authorizing Amendment No. 7 to STH Contract:

CEQA Determination: Not a CEQA project
Prepared By: Lesley Milton, Interim Assistant Director of Public Works - Operations
Recommendation:

Approve the resolution authorizing the contract amendments with OTS Services for temporary operator service during the Wastewater Treatment Plant Upgrades project (CIP No. S-52) testing and training phase of the facility completion and for recruitment for other required positions.

Clarification was made on the item.

No public comment was received.

Vice Mayor Eric Hall moved to approve item 10.5. The motion was seconded by Council Member Anna Chouteau and on roll call carried by the following vote:

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Regular City Council
August 13, 2024

11. PUBLIC HEARINGS

11.1 Introduction and first reading of an ordinance amending Section15.36.050(A)(3) of the St. Helena Municipal Code to allow for certain traffic calming measures, including speed cushions under the approval of the Fire Chief.

CEQA Determination: Not a CEQA project
Prepared By: Jose Calderon, Engineering Technician II
Recommendation:

City Council to introduce and waive first reading of an Ordinance of amending section 15.36.050(A)(3) of the St. Helena Municipal Code to allow for various traffic calming measures on public streets in the City of St Helena subject to the approval of the Fire Chief.

Jose Calderon, Engineering Technician II reported on the item.

Kara Warner, Napa County Bicycle Coalition addressed the City Council.

It was the consensus of the City Council to bring this item back at a future meeting for reconsideration.

12. OLD BUSINESS

13. NEW BUSINESS

13.1 Consideration and proposed approval of a resolution authorizing the St. Helena High School annual Homecoming Parade on Main Street, and authorizing City staff to provide traffic control before, during, and after the parade.

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

Staff recommends the City Council adopt the resolution authorizing the St.

Helena High School annual Homecoming Parade on Main Street authorizing City staff to provide traffic control before, during, and after the parade.

Lesley Milton, Interim Asst. Director of Public Works reported on this item.

No public comment was received.

Vice Mayor Eric Hall moved to adopt the resolution authorizing the St. Helena High School annual Homecoming Parade on Main Street authorizing City staff to provide traffic control before, during, and after the parade. The motion was seconded by Council Member Anna Chouteau and on roll call carried by the following vote:

Agenda Item #5.1.

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Regular City Council
August 13, 2024
AYES: Mayor Paul Dohring, Vice Mayor Eric Hall, Council Member Anna Chouteau, and Council Member Billy Summers
NOES: None
ABSENT: Council Member Patrick Kenealy
ABSTAIN: None
RECUSE: None

13.2 Boards, Committees & Commissions Recognition:
 Active Transportation & Sustainability Committee
 Library Board of Trustees
 Parks and Rec Commission
 Planning Commission
 Napa County Mosquito Abatement - St. Helena Representative  Active Transportation Advisory Committee (ATAC) to NVTA  Measure H Oversight Committee
 Ad Hoc Water/Wastewater Exploratory Committee (disbanded) Mayor Dohring recognized all the boards, committees and commissions.

No public comment was received.

14. CITY COUNCIL REPORTS:

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

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Regular City Council
August 13, 2024
L. Napa County Groundwater Sustainability Plan Advisory Committee M. Napa County Regional Climate Action Committee
N. Council Ad Hoc and Standing Committee Reports

15. ADJOURNMENT
Mayor Dohring adjourned the meeting at 7:09 p.m.

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

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Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Finance
DATE: August 27, 2024
FROM: Mandy Kellogg, Administrative Services Director
SUBJECT: Consideration and Proposed Approval of a Resolution Establishing the 2025 Tax Rate for General Obligation
Bonds.

RECOMMENDED
ACTION:

Staff recommends approval of the attached resolution.

PREVIOUS COUNCIL
ACTION:

October 25, 2022 - Approval of Resolution 2022-98
authorizing the issuance and sale of General Obligation Bonds in an aggregate principal amount not to exceed
$6,000,000.

September 12, 2023 - Resolution 2023-116 Establishing
2024 Tax Rate for General Obligation Bonds.

STATEMENT OF THE
PURPOSE:

The purpose is to establish the 2025 Tax Rate for the
General Obligation Bonds.

FINANCIAL IMPACT: The fiscal impact to the City of St. Helena will be revenue of approximately $349,038 to Fund 421 to pay for debt
service on the City’s General Obligation Bonds.

BACKGROUND:

On February 22, 2022, the City Council adopted Ordinance 2022-3 (Measure H), an ordinance ordering the submission of a proposition to incur bonded indebtedness to the voters. Measure H was successful in the June 2022 election.

The object and purpose of the Bonds is to finance the costs of municipal improvement projects of the City (the “Improvements”), consisting of drinking water system improvements, including but not limited to Bell Canyon Spillway repairs, water main rehabilitation and replacements, valve replacements, Bell Canyon Phreatic Surface Monitoring, lower reservoir rehabilitation, and replacing pipes to increase fire flow, sewer system improvements, including but not limited to replacing pipes and making Crinella Lift Station improvements, stormwater system improvements, including but not limited to replacing pipes, drains, culverts and other components of the system, and recycled water system improvements, including but not limited to providing pump station and pipes to distribute recycled water, all as acquired or constructed by the City to protect local water quality/supply, improve drought resilience, keep sewage, pollution, trash and chemicals from local rivers, creeks and streams, and protect safe, sustainable, local water sources.

Agenda Item #10.1.

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On September 12, 2023, City Council approved Resolution 2023-16 establishing the Fiscal Year 2023-24 Tax Rate for the General Obligation Bonds, which needs to be reestablished for Fiscal Year 2024-25.

DISCUSSION:

On October 25, 2022, the City Council approved Resolution 2022-98 authorizing the issuance and sale of General Obligation Bonds in an aggregate principal amount not to exceed $6,000,000, which is the first of three tranches to be issued. The first tranche bonds were sold and awarded pursuant to a competitive bidding process held on November 15, 2022.

Each year the City Council will review and adopt a resolution setting the rate to be charged on property tax bills for the General Obligation Bonds passed by the voters.

These assessments are required to generate revenues to pay for debt service on the City’s General Obligation Bonds over the current fiscal year.

The original estimate was that the rate would not be more than $26.99 per $100,000 with an average tax of $15.22. In Fiscal Year 2023-24 the tax rate on the City's General Obligation Bonds was established at $10.82 per $100,000 assessed valuation or $0.01082 per $100.

The tax rate on the City's General Obligation Bonds for Fiscal Year 2023-24 is $10.11 per $100,000 assessed valuation or $0.01011 per $100.

ENVIRONMENTAL REVIEW:

None.

GOAL:

Goal 3: Pursue Water Security & Sustainable Management of Water Resources DOCUMENTS ATTACHMENTS:

Resolution - Establishing a Tax Rate for Servicing Debt Obligations Agenda Item #10.1.

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CITY OF ST. HELENA
RESOLUTION NO. 2024-___

ESTABLISHING A TAX RATE FOR SERVICING DEBT

OBLIGATIONS INCURRED BY THE ISSUANCE OF
2022 GENERAL OBLIGATION BONDS – MEASURE H,
TO BE EFFECTIVE FOR THE 2024-25 FISCAL YEAR

RECITALS
A. Each year the City must determine and set the tax rate necessary to generate sufficient revenues from property taxes to pay debt service for the subject fiscal year; and B. The City has determined that during fiscal year 2024-25, $349,038 must be raised by taxation for the purpose of servicing debt incurred by the issuance of the 2022 General Obligation Bonds – Measure H.

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

1. The City Council determines that the tax rate for Fiscal Year 2024-25 for servicing debt obligation incurred by the issuance of the 2022 General Obligation Bonds shall be $10.11 per $100,000 of assessed valuation for all properties on the City’s Tax Roll.

Approved at a Regular Meeting of the St. Helena City Council on August 27, 2024, by the following vote:

Mayor Paul Dohring:

Vice Mayor Eric Hall:

Council Member Anna Chouteau:

Council Member Pat Kenealy:

Council Member Billy Summers:

APPROVED: ATTEST:

__________________________ _________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #10.1.

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Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: August 27, 2024
FROM: Eric Janzen, Assistant Public Works Director
SUBJECT: Waiver of second reading and approval 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 July 23, 2024 City Council meeting.

RECOMMENDED
ACTION:

Introduce and waive the second reading of the proposed
revisions to the ordinance.

PREVIOUS COUNCIL
ACTION:

On July 23, 2024, the City Council introduced and waived the first reading of an Ordinance amending Chapter 12.08 of the SHMC. During discussions, Council requested a
minor change to the language replacing references "his or her" with "property owner".

STATEMENT OF THE
PURPOSE:

To review revisions to Title 12 of the St. Helena Municipal Code meet Council expectations, waive second reading
and adopt Ordinance.

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.

On July 23, 2024, the City Council of the City of St. Helena introduced and waived the first reading of the supplemental ordinance amending Chapter 12.08 of the St. Helena Municipal Code. During discussions, the Council expressed a desire to replace proposed references to "his or her" with "property owner".

DISCUSSION:

Staff implemented Council's direction as discussed at the first reading on July 23, 2024.

Staff is presenting the following updated amendments for the second reading:

SHMC Section 12.08.020, sub-section "A" has been revised to read:

Agenda Item #10.2.

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 “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 the property owner's own expense, the weeds, grass, brush and debris in the public right-of-way in front of property owner(s) 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"
SHMC Section 12.08.110 has been revised 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." SHMC Section 12.08.150 has been revised 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.

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 #10.2.

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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 #10.2.

Page 21 of 107 ends

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 #10.2.

Page 22 of 107 ends

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 #10.2.

Page 23 of 107 ends

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 #10.2.

Page 24 of 107 ends

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 #10.2.

Page 25 of 107 ends

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.

Page 26 of 107 ends

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 #10.2.

Page 27 of 107 ends

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.

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

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 #10.2.

Page 28 of 107 ends

12.08.025 Liability for injuries to the public.

13.6)

12.08.050 Permit required.

12.08.060 Application for permit—Posting of permit.

Page 29 of 107 ends

12.08.080 Concrete to be used—Exception.

12.08.090 Plans and specifications.

12.08.100 City Maintenance of Certain Sidewalks.

Agenda Item #10.2.

Page 30 of 107 ends

12.08.110 Obtaining correct line and grade.

12.08.120 Inspection, supervision and approval of work.

12.08.140 Permit fees.

12.08.150 Repair requirements—Generally.

12.08.160 Grading and paving along railroad tracks generally. (No Change) Agenda Item #10.2.

Page 31 of 107 ends

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:

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.

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

Page 32 of 107 ends

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

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 #10.2.

Page 33 of 107 ends

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 property owner(s) own expense, the weeds, grass, brush and debris in the public right-of-way in front of property owner(s) 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 #10.2.

Page 34 of 107 ends

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.

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 #10.2.

Page 35 of 107 ends

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 #10.2.

Page 36 of 107 ends

Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Finance
DATE: August 27, 2024
FROM: Mandy Kellogg, Administrative Services Director
SUBJECT: Proposed approval of a resolution authorizing Amendment #1 to the Professional Services Agreement with California Consulting in the amount of $25,000, for a total amount not-to-exceed of $50,000 to provide grant research and
writing support on an as needed basis.

RECOMMENDED
ACTION:

Staff recommends approval of the attached resolution.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
PURPOSE:

The purpose is the approve an amendment to the
Professional Services Agreement with California
Consulting to provide ongoing support to the City for grant research and writing on an as needed basis.

FINANCIAL IMPACT: The estimated Financial Impact of $25,000 is included in the FY25 Operating Budget in GL Account 101-43-00-21-
45 utilizing General Fund.

BACKGROUND:

On January 25, 2021, the City entered into a Professional Services Agreement (Exhibit A) with California Consulting to provide grant research and writing support. California Consulting is the largest grant writing firm in California and has been successful in writing thousands of grant applications, securing over $1.5 billion in funding for agencies throughout the state since they were founded in 2004. They have extensive experience in identifying, researching, and obtaining funding for all types of government entities.

California Consulting is comprised of approximately 25 team members and provides services to 80 public agencies across the state.

The firm practices a full-service approach to working with its clients, starting with a needs assessment, and then bringing grant opportunities to the City for review. When potentially helpful, they arrange for their clients to meet directly with Grantors, to both establish relations between the City and the Grantors, and to help identify which grant programs are best suited to their client's needs. The firm provides grant writing and submission services (assisted by City Staff), and when grants are awarded, the City can opt to have them assist in administering the grant, as well as in post-grant administration work. Taking an active role through the entire process is intended to not only find, win and properly administer grants, but to also ensure the City develops a Agenda Item #10.3.

Page 37 of 107 ends

good working relationship with the Grantor, and that the grantor is encouraged to consider the City for future grants.

DISCUSSION:

California Consulting assisted has assisted the City with several grant support services since the execution of the Professional Services Agreement in January 2021. Most notably, they completed activity and financial reporting for Housing and Community Development CDBG grants to aid with successful reimbursement and closeout of the grant.

In addition, they assisted the City with securing $159,000 in grant funding for the Police Department to purchase body-worn cameras and fund the hiring of a police officer.

More recently, California Consulting assisted the City with applying for $780,000 in grant funds to replace three non-zero-emission heavy-duty trucks with zero-emission alternatives. The project will also involve the installation of a zero-emission vehicle charging station. This initiative is designed to reduce emissions that contribute to climate change and to serve as a proactive measure to preserve the city's quality of life and public health standards.

Staff desires to continue the relationship with California Consulting by amending the original contract to include an additional $25,000 for a total contract not-to-exceed $50,000. Funds were previously approved in the FY 2024-25 Operating Budget for this purpose.

It should be noted that many grants allow for pre award costs, such as application development, and grant administration to be reimbursed with grant funds. Therefore, the overall fiscal impact may be reduced should the grants be awarded.

ENVIRONMENTAL REVIEW:

None.

GOAL:

Goal 1: Strengthen Financial Sustainability
DOCUMENTS ATTACHMENTS:

Resolution - Amendment No. 1 California Consulting PSA
Attachment 1 - California Consulting PSA Amendment #1
Exhibit A - STH CONTRACT FY2021-106 CALIFORNIA CONSULTING, INC (NUMBERED WITH SIGNATURES)
Agenda Item #10.3.

Page 38 of 107 ends

CITY OF ST. HELENA
RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ST. HELENA AUTHORIZING AMENDMENT #1 TO A

PROFESSIONAL SERVICES AGREEMENT WITH
CALIFORNIA CONSULTING, INC. FOR THE AMOUNT OF
$25,000, WITH A TOTAL CONTRACT NOT-TO-EXCEED
$50,000, TO PROVIDE GRANT RESEARCH AND
WRITING SUPPORT.

RECITALS
A. On January 25, 2021, the City entered into a Professional Services Agreement with California Consulting to provide grant research and writing support for an amount not-to-exceed $25,000; and
B. California Consulting is the largest grant writing firm in California and has been successful in writing thousands of grant applications, securing over $1.5 billion in funding for agencies throughout the state since they were founded in 2004; and C. The firm practices a full-service approach to working with its clients, starting with a needs assessment, and then bringing grant opportunities to the City for review; and D. California Consulting assisted has assisted the City with several grant support services since the execution of the Professional Services Agreement in January 2021; and
E. The City and Consultant desire to amend the Agreement to provide ongoing grant research and writing support as needed for an additional cost of $25,000; and F. The total amended contract with California Consulting, Inc. will not exceed $50,000.

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

1. The City Council approves Amendment #1 to the professional services agreement with California Consulting, Inc. for an additional $25,000 for a total not-to-exceed amount of $50,000; and

2. The City Council authorizes the City Manager to execute Amendment #1 to the agreement on behalf of the City.

Agenda Item #10.3.

Page 39 of 107 ends

3. Funding is provided as follows:

Funding Details Fund GL Account Amount
Previously Approved in
Adopted FY 2024-25
Operating Budget
General Fund 101-43-00-21-45 25,000
TOTAL $25,000
Approved at a Regular Meeting of the St. Helena City Council on August 27, 2024 by the following vote:

Mayor Paul Dohring:

Vice Mayor Eric Hall:

Council Member Anna Chouteau:

Council Member Pat Kenealy:

Council Member Billy Summers:

APPROVED: ATTEST:
________________________ ________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #10.3.

Page 40 of 107 ends

Page 1 of 2 ends

FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL
SERVICES WITH CALIFORNIA CONSULTING, INC.

This First Amendment to Professional Services Agreement dated January 25, 2021 ("Agreement") is made as of this 27th day of August 2024 by and between the City of St. Helena, a municipal corporation ("City"), and California Consulting, Inc. ("Consultant").

RECITALS
A. On January 25, 2021, the City entered into a Professional Services Agreement with California Consulting to provide grant research and writing support for an amount not to exceed $25,000; and
B. California Consulting is the largest grant writing firm in California and has been successful in writing thousands of grant applications, securing over $1.5 billion in funding for agencies throughout the state since they were founded in 2004; and C. The firm practices a full-service approach to working with its clients, starting with a needs assessment, and then bringing grant opportunities to the City for review; and D. California Consulting assisted has assisted the City with several grant support services since the execution of the Professional Services Agreement in January 2021; and E. The City Council desires to enter into this Amendment No. 1 in the amount of $25,000 to the Agreement for Consultant Services with California Consulting, Inc. to provide ongoing grant research and writing support as needed.

F. The total amended contract 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. Compensation of the Agreement is hereby amended to increase the authorized compensation under the Agreement by the amount of $25,000, for a total amended contract not to exceed $50,000; 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.

ATTACHMENT 1
Agenda Item #10.3.

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Page 2 of 2 ends

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
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STH Contract FY2021-106 EXHIBIT A
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Digitally signed by: ethan.
[email protected]
DN: CN = [email protected]
Date: 2022.04.28 06:19:00 -07'00'
ethan.
[email protected]
Agenda Item #10.3.

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Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: August 27, 2024
FROM: Ian Dale, Environmental Services Tech
SUBJECT: July 2024 Review and Forecasting of City Water Supply Availability.

RECOMMENDED
ACTION:

Receive and file.

PREVIOUS COUNCIL
ACTION:

Monthly Receive and File reports to City Council.

STATEMENT OF THE
PURPOSE:

To provide monthly updates of the amount of water
produced at the Louis Stralla Water Treatment Plant, the Stonebridge Potable Water Wells, and potable water
delivered from the City of Napa.

FINANCIAL IMPACT: None.

BACKGROUND:

The City of St. Helena publishes a monthly water report on the City website (www.cityofsthelena.org/publicworks/page/water-reports). The report includes the amount of water produced at the Louis Stralla Water Treatment Plant and the Stonebridge Potable Water Wells, and potable water delivered from the City of Napa. In addition to presenting data on the amount delivered monthly, the report includes yearto-date information and prior year data. Water elevation and capacity at the Bell Canyon Reservoir is included as well as information on rain and temperatures.

At the City Council meeting of May 9, 2023, the City Council adopted Resolution 2023- 46 adopting City Council goals for FY 2023-24. Five new City Council Goals for FY 2023-24 which include Goal 1: Financial Sustainability, Goal 2: Infrastructure and Environmental Sustainability, Goal 3: Water Security, Goal 4: Community Information and Engagement, and Goal 5: Quality of Life. City Council has the responsibility of establishing broad goals and the City's leadership has the responsibility to develop a work plan to achieve them.

DISCUSSION:

In connection with City Council Goal 2, City staff has developed a forecasting tool to facilitate its ability to optimize water use and track water availability. Included as Attachment 1 is the Monthly Water Report for July 2024. The water produced for July 2024 is up by 16% when compared to July 2023 and is down by -13% compared to the average of July 2018-2020. Below is a chart summarizing the water produced per source:

Agenda Item #10.4.

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Water Produced per Source
Source
Average (2018 -
2020)
(Acre-Feet)
July 2023
(Acre-Feet)
July 2024
(Acre-Feet)
Bell Canyon 81 40 77.89
Stonebridge Wells 43 51 36.82
Napa Water 64 51 50.65
Total 188 142 165.36
 Percent change from July 2023: 16%
 Percent change from average of July 2018 - 2020: -13% Bell Canyon Reservoir
The City is no longer in water emergency conditions based upon the Phase I Water Emergency measures being terminated by City Council adopting Resolution No. 2023- 94 on July 25, 2023. Bell Canyon Reservoir has adequate water to support the City's needs through this calendar year. The storage in Bell Canyon graph (Attachment 2) has been revised to include historic reservoir supply levels since July 2021. It also shows the water availability forecast through June 2026 based on the highest water usage during a non-drought year (FY 2019/20) and 10 inches of rainfall (lowest recorded).

As of August 1, 2024, Bell Canyon Reservoir elevation was at 418.56 feet representing approximately 2,125.66 acre feet (AF) and 89.18% capacity. Bell Canyon spillway level is 422 feet representing 2,383.69 acre feet in water supply volume. Below is a chart comparing Bell Canyon elevation levels, water supply availability in acre feet, and percent capacity of the reservoir on August 1st in 2022, 2023, and 2024.

Year 2022 2023 2024
Bell Canyon Elevation Level 413.55 Ft. 419.70 Ft. 418.56 Ft.

Acre Feet 1,767 AF 2,209.91 AF 2,125.66 AF
Percent Capacity 74.1% 92.7% 89.18%
As a follow up to the May 24, 2022, City Council meeting, staff developed a graph (Attachment 3) highlighting the relationship between the reservoir elevation level and water supply availability in acre feet. The graph shows the current status of the reservoir. Furthermore, the graph also displays the points where City Council decided to declare Phase I and Phase II Water Emergencies in 2020.

Continued Water Conservation
California experienced two consecutive dry years 2020 and 2021. Due to the combination of warmer-than-average temperatures and minimal precipitation in the state, the Department of Water Resources (DWR) declared 2021 as the fourth-driest year on record statewide. The record-breaking dry period in January and February 2022, and the absence of significant rains in March 2022, required DWR to reduce anticipated deliveries from the State Water Project (SWP). However, the reduction at Agenda Item #10.4.

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the time did not affect St. Helena as the City has multiple robust water sources not affected by the executive order. Water availability from the Bell Canyon reservoir is based on the City's State Water Rights permit and not the SWP. The City has not received any curtailment order from DWR nor does the City anticipate receiving one.

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

City of Napa Water Supply
Normal operations continue at Rutherford Pump Station (RPS) and the City is taking delivery of the allotment purchased from City of Napa. During the month of July 2024, Rutherford Pump Station was producing an average of 0.53 MG/day for a total of 50.65 acre feet (AF) for the month.

ENVIRONMENTAL REVIEW: Not applicable.

GOAL:

Goal 3: Pursue Water Security & Sustainable Management of Water Resources Goal 4: Provide Effective Community Information & Opportunities for Engagement DOCUMENTS ATTACHMENTS:

MWR July 1-31 2024
Attachment 2 - Bell Canyon Water Storage Forecast
Attachment 3 - Bell Canyon Storage Phase I II
Agenda Item #10.4.

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CITY OF ST. HELENA

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

LOUIS STRALLA

WATER PLANT
TK #1 & #2
ADJUST

77.89 25.37 -0.14

47.2% -0.3%

53.86 MG MG
n/a MG MG
n/a MG MG

1.73 MG MG
% %

77.89 AF 47.1% 40.25 AF 28.2%

25.37 MG 13.11 MG

50.65 AF 30.6% 51.08 AF 35.8%

16.50 MG 16.64 MG

36.82 AF 22.3% 51.42 AF 36.0%

11.99 MG 16.75 MG
TOTAL WATER PRODUCED 165.36 AF 100.0% 142.75 AF 100.0%

DELIVERY (ALL)

0.24 0.11
418.56 FT. FT.
-1.62 FT. FT.
2125.66 AF AF

89.2 % %

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

July 1-31, 2024

STONEBRIDGE

POTABLE
WELLS
SBW

IRRIGATION
WATER

NAPA WATER

THIS YEAR LAST YEAR
AMOUNT PRODUCED in AF 36.82 1.07 50.65
AMOUNT PRODUCED in MG 11.99 0.35 16.50
PERCENT 22.3% 30.7%

WATER PRODUCED DELIVERY (AGGREGATE)
TOTAL PRODUCED THIS PERIOD 46.50
MAXIMUM DAILY PRODUCED n/a
MINIMUM DAILY PRODUCED n/a
AVERAGE DAILY PRODUCED 1.50

WATER YEAR TOTALS

THIS FISCAL YEAR LAST FISCAL YEAR

LOUIS STRALLA WATER PLANT

NAPA WATER

STONEBRIDGE POTABLE WELLS

SBW IRRIGATION WATER
THIS MONTH THIS MONTH, LAST YR.

ELEVATION BELL CANYON RESERVOIR 419.70
STONEBRIDGE APARTMENTS MG/July. 1 -31 0.13 MG/July. 1-31

WATER ELEVATION, CAPACITY & RAINFALL

THIS FISCAL YEAR LAST FISCAL YEAR
NAPA VALLEY COLLEGE MG/July. 1 -31 0.06 MG/July. 1-31

TEMPERATURES
MONTHLY RISE OR DROP -1.23
CAPACITY AT END OF PERIOD 2209.91
PERCENT OF FULL CAPACITY 92.7
RAINFALL IN THIS PERIOD 0.00
TOTAL RAINFALL SEASON TO DATE 0.00
THIS MONTH, THIS YEAR THIS MONTH, LAST YR.

DEGREES IN FAHRENHEIT 58-106 45-100
Updates will be provided if any errors are identified.

AVERAGE 82 72.5

REMARKS
City of Napa Water Delivery: RPS producing an average of 0.53 MG/day during July 2024.

Agenda Item #10.4.

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Supply Level (Acre Feet)
BellCanyon Water Storage Forecast
Assumes: (1) Highest usage during non-drought year (FY2019/20) (2) 10" of Rainfall (Lowest Recorded)
2500
2383 2383 2383 2383
2341
2250
2,026
2000
1,928 1,837 1,861 1386 1’904 ”92
1 799
1’829 1,864
1,785
1750 1,703
1,604
1439 1500
1,414 1,377 1,407 ’ 1,412
Entered Phase 1 - 1,431 Acre Ft.
1250 1,333
Historic PrOJected
1000
Entered Phase 2 - 939 Acre Ft.
750
500 596 Acre Feet*
250
o
. 25A reserve for fire
0 '5 'b ’b ”a V V V V V V V V V V V V ‘3 <0 ‘9 ‘0 <9 ‘2 ‘0 <9 ‘9 (o 0) <9 ‘0 Q) ‘o (o (o ‘0 ’V 'V ,‘V , ’V 5V IV 1V TV IV 5V TV IV IV ’V ’V ’V fV ’V ’V ’V :V 5V ’V 5V 5V , ’V fV "V fV ’V ’V (OQ’Q06} $04 0?? \’b ((6 g’bk V‘Q‘Q’b?\OQ \\)\ VOQO(OQIQ06} $04 0% \Q} ((610g» va g'bA\OQ \& VOQO(3Q? 06’"$04 09/0{5 Qéo Q?) vQ‘@QA\OO Agenda Item #10.4.

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Agenda Item #10.4.

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Agenda Report to the City Council
Agenda Section: PUBLIC HEARINGS
Department: Planning
DATE: August 27, 2024
FROM: Philip Henry, Chief Building Official
SUBJECT: Introduction of Ordinance Adding Sections 15.18.020 through 15.18.090 of the St. Helena Municipal Code
Chapter 15, (Buildings and Construction) to reduce
Greenhouse Gas Emissions and the impacts of climate
change.

RECOMMENDED
ACTION:

Introduce and waive the first reading of the proposed
Ordinance to:

1. Find that the proposed addition of Sections

15.18.020 through 15.18.090 to the St. Helena
Municipal Code Chapter 15 is exempt from CEQA
pursuant to CEQA Guideline Section 15061(b)(3);
and .

2. Add Sections 15.18.020 through 15.18.090 to the
St. Helena Municipal Code Chapter 15.

PREVIOUS COUNCIL
ACTION:

Adoption of the 2022 California Energy Code on
November 22, 2022.

STATEMENT OF THE
PURPOSE:

To adopt a Reach Code as an implementation action of
the General Plan.

FINANCIAL IMPACT: None.

BACKGROUND:

On October 27, 2023, the Climate Action Committee which was formed under a Cooperative Joint Powers Agreement (JPA) to fund and administer the Napa Countywide Climate Action Program recommended that all member jurisdictions adopt a building “reach” code to further reduce GHG emissions. The Climate Action committee prepared a Regional Greenhouse Gas Emissions inventory which indicated that building energy use resulted in the release of 279,579 metric tons of carbon dioxide equivalent (MTCO2e) in 2019, which comprised 22.9 percent of all GHG’s emitted in Napa County that year. As indicated in the Final Napa County Regional Greenhouse Gas Forecast (2019-2030), published on November 21, 2022, if no further actions are taken, building energy used in Napa County is estimated to release 277,244 MTCO2e by 2030.

In August 2021, the California Energy Commission (CEC) adopted the 2022 California Energy Code. The California Energy Code was also considered by the California Building Standards Commission (CBSC) in December 2021. The 2022 Energy Code, which became effective on January 1, 2023, included key changes from the 2019 Agenda Item #11.1.

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Energy Code. The changes included promoting usage of electric heat-pump technology, establishing electric-ready requirements for buildings when natural gas is installed, updating requirements for residential solar photovoltaic (PV) system and battery storage standards, and bolstering gas cooking ventilation standards.

Provisions for multi-family buildings include a compliance pathway for central heatpump water heating and prescriptive heat-pump requirements for multifamily HVAC systems in dwelling units. Single-family dwelling requirements include a new prescriptive baseline based on either a heat-pump HVAC system or heat-pump water heating. Nonresidential buildings are required to add efficiency measures if not meeting prescriptive requirements such as heat-pump space heating.

DISCUSSION:

The City of St. Helena has adopted and enforces the 2022 California Energy Code.

California Health and Safety Code Sections 17958, 17958.5, and 18941.5 permit a city to make local amendments and modifications to the building standards contained in the California Building Standards Code. It is the desire of the City of St. Helena to reduce GHG emissions and lessen the impact of climate change consistent with the City’s General. Plan.

For multiple reasons including health, safety, economics, and environmental benefits, there is considerable interest in all-electric new construction, or “building electrification”, which means that buildings would not have any fossil fuel services. All-electric buildings have electric appliances for space heating, water heating, clothes drying, and cooking.

The interest in building electrification stems from the fact that the power utility is providing 100% carbon-free electricity and eliminating the use of natural gas can greatly reduce greenhouse gas emissions from the building sector.

This Reach code provides incentives for new home builders to construct all-electric homes, but owners may continue to use natural gas appliances so long as they meet the minimum energy use requirements.

Where natural gas appliances are used, the electric panel must have dedicated circuits to allow future owners the option of converting to all electric appliances. In addition, construction must include a location for a future heat-pump compressor unit with drainage to allow for future electric conversion.

This proposed model Ordinance would do the following:
• Creates standards to disincentivize the use of natural gas in new single-family construction, with exceptions. These exceptions include:
a. Seasonally occupied agricultural buildings (less than 180 days/calendar year) b. A free-standing Accessory Dwelling Unit
c. A Certificate of Compliance prepared by a Certified Energy Analyst Agenda Item #11.1.

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• Non-residential buildings will be required to provide Electric-ready requirements for future electric appliances where gas systems are installed. • Requires subdividers to offer all-electric homes and/or Energy Storage Systems (batteries) as an option for buyers.
• Requires new single-family homes to reduce overall energy use by 13%. • Requires new multi-family home to reduce overall energy use by 10%.

ENVIRONMENTAL REVIEW: The action is exempt pursuant to CEQA Guidelines Section 15061(b)(3).

GOAL:

Goal 2: Improve Infrastructure & Further Environmental Sustainability DOCUMENTS ATTACHMENTS:

Reach Ordinance 7-23-2024 clean
Agenda Item #11.1.

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ORDINANCE NO.________________
ORDINANCE OF THE CITY COUNCIL OF ST. HELENA ADDING SECTIONS 15.18.020 THROUGH

15.18.090 TO CHAPTER 15.18 (CALIFORNIA ENERGY CODE-ADOPTED) OF TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE ST. HELENA MUNICIPAL CODE TO REDUCE

GREENHOUSE GAS EMMISSIONS AND REDUCE THE IMPACTS OF CLIMATE CHANGE WHEREAS, the Countywide Climate Action Committee’s recent Greenhouse Gas (GHG) inventory update illustrates the need for action to be taken to have an appreciable impact on climate change; and
WHEREAS, the 2022 Regional Greenhouse Gas (GHG) Emissions Inventory indicated that building energy use resulted in the release of 279, 592 metric tons of carbon dioxide equivalent (MTCO2e) in 2019, which comprised 22.9 percent of all GHG’s emitted in Napa County that year; and WHEREAS, on October 27, 2023, the Climate Action Committee, formed under the Cooperative Joint Powers Agreement (JPA) to fund and administer the Napa Countywide Climate Action Program, recommended that all member jurisdictions adopt a building “reach” code to further reduce GHG emissions; and
WHEREAS, the 2022 California Energy Code comprising Title 24, Parts 1 and 6 of the California Code of Regulations was adopted by the City of St. Helena City Council on November 22, 2022 under Ordinance 22-12 § 3 and codified under Section 15.18.010 of the St. Helena Municipal code; and
WHEREAS, Public Resources Code Section 25402.1(h)(2) allows for the adoption of stricter conservation standards to lower energy demand and reduce GHG emissions; and WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7 and 18941.5 establish the authority for a city to adopt and make local amendments and modifications to the building standards in the California Building Standards Code to establish more restrictive building standards than those contained in the California Building Standards Code; and WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7 and 18941.5 permit a city to make such local amendments and modifications as the city determines are reasonably necessary because of local climatic, geological or topographical conditions; and WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7 and 18941.5 require a city, before making any amendments and modifications to the California Building Standards Code, make an express finding that such amendments and modifications are reasonably necessary because of local climatic, geological or topographical conditions; and Agenda Item #11.1.

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WHEREAS, California Health and Safety Code section 17958 requires that cities adopt building regulations that are substantially the same as those adopted by the California Building Standards Commission and contained in the California Building Standards; and WHEREAS, the St. Helena City Council desires to adopt standards that are more restrictive than the 2022 California Energy Code to provide for greater GHG reductions than are currently required, thereby reducing the impacts of climate change; and WHEREAS, the St. Helena City Council proposes to add by the adoption of this Ordinance Sections 15.18.020 through 15318.090 to Title 15 of the St. Helena Municipal Code to include stricter standards than the 2022 California Energy Code to better address local conditions; and WHEREAS, the St. Helena City Council makes express findings that such modifications to Chapter 15.18 are reasonably necessary because of local climatic, geological or topographical conditions as set forth in this Ordinance; and
WHEREAS, pursuant to Public Resources Code Section 25402.1(h)(2), the St. Helena City Council also finds that the proposed modifications to Chapter 15.18 of the St. Helena Municipal Code by this Ordinance will save energy and are cost-effective within the City; and WHEREAS, the City Council affirms that such modifications will result in designs that consume no more energy than that permitted under the 2022 California Energy Code; and WHEREAS, express findings that these modifications to the Chapter 15.18 are reasonably necessary are hereby made and will be filed with the California Building Standards Commission in accordance with California Health and Safety Code Section 17958.7 before this ordinance takes effect.

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

SECTION 1: Recitals. The Recitals set forth above are true and correct and incorporated into this Ordinance.

SECTION 2: Additions to Chapter 15.18. The following Sections 15.18.020 through

15.18.090 are hereby added to Chapter 15.18 of Title 15 (Buildings and Construction) of the St.

Helena Municipal Code to read in full as follows:

15.18.020 Options for Homebuyers
Section 100.0.(e)(2)(D) of the CEnC is modified to read as follows:

D. Single-family Buildings.
i. Sections applicable. Sections 150.0 through 150.1 apply to newly constructed single-family buildings.

Agenda Item #11.1.

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ii. Compliance approaches. In order to comply with Part 6, newly constructed single-family buildings must meet the requirements of:
a. Mandatory measures: The applicable provisions of Sections 110.0 through 110.10, and 150.0; and
b. Either:
(i) Performance approach: Sections 150.1 (a) and (b); or (ii) Prescriptive approach: Section 150.1(a) and (c).

Exception to Section 100.0(e).2Diib: Seasonally occupied agricultural housing limited by State or Federal agency contract to occupancy not more than 180 days in any calendar year. (iii) Designers, builders, licensed contractors, professionals, or other owner designees of newly constructed single-family buildings shall provide all owners with the option of installing a stationary storage battery system and/or all-electric appliances.

15.18.030 Definitions
Section 100.1(b) of the CEnC is modified by adding the following definitions:

CERTIFIED ENERGY ANALYST is a person registered as a Certified Energy Analyst with the California Association of Building energy Consultants as of the date of submission of a Certificate of Compliance as required 10.103.

FREE STANDING ACCESSORY DWELLING UNIT is a detached building that is not intended for sale separate from the primary residence on a lot that is zoned for Singlefamily or Multi-family use, located on the same lot as an existing dwelling, and does not exceed 1,200 square-feet of total floor area.

GAS is natural gas as defined by the California Code of Regulations in CCR 17, Section 95481(106).

15.18.040 Electric Readiness for Nonresidential Structures A new subsection, 120.9(d) of the CEnC is added to read as follows:
(d) Where systems using gas are installed, dedicated circuits at the main building panel shall be provided with sufficient power to support future conversion of all fossil fuel fired service water heating appliances to electric appliances.

15.18.050 Electric Readiness for Single-family Units
The first two paragraphs of Section 150.0 of the CEnC are modified to read as follows:

Section 150.0 – MANDATORY FEATURES AND DEVICES
Agenda Item #11.1.

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Single-family residential buildings shall comply with the applicable requirements of Sections 150.0(a) through 150.0(v).

NOTE: The requirements of Sections 150.0(a) through 150.0(r) and 150.0(f) 3 apply to newly constructed buildings. Sections 150.2(a) and 150.0(b) specify which requirements of Sections 150.0(a) through 150.0(r) also apply to additions or alterations.

Section 150.0(t) of 0the CEnC is modified to read as follows:
(t) Heat Pump Space Heater Ready
Systems using gas or propane furnaces to serve individual dwelling units shall include the following:

1. A dedicated 240-volt branch circuit wiring shall be installed within three feet from the furnace and accessible to the furnace with no obstructions. The branch circuit conductors shall be rated at 30 amperes minimum. The blank cover shall be identified as “240-V Ready”. All electrical components shall be installed in accordance with the California Electrical Code.

2. The main electrical panel shall have a reserved space to allow installation of a twopole circuit breaker for a future heat-pump space heater installation. The reserved space shall be permanently marked as “Future 240v use”.

3. A designated exterior location for a future heat pump condenser unit either a drain or natural drainage for condensate shall be provided.

15.18.060 Performance Requirements for Single-family Units A new section, 150.1(b).1.A, is added to the CEnC to read as follows:

In addition, the total source energy (EDR1) of the Proposed Design Building shall be less than the EDR1 of the Standard Design Building by a compliance margin of 13.

EXCEPTION 1 to Section 150.1(b)1.A. A free-standing Accessory Dwelling Unit.

EXCEPTION 2 to Section 150.1 (b) 1.A. If the Certificate of Compliance is prepared and signed by a Certified Energy Analyst, compliance margin may be reduced by one point, but in no event shall be less than zero.

15.18.070 Electric Readiness for Multi-family Units
A new section, 160.4 (g) is added to the CEnC to read as follows:

Systems using gas water heaters that do not serve individual dwelling units shall include a dedicated circuit at the main electrical panel with sufficient power to support future conversion of all fossil fuel-fired service water heating appliances to electric appliances.

Agenda Item #11.1.

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15.18.080 Performance Requirements for Multi-family Units Section 170.1 of the CEnC is modified to read as follows:

Section 170.1 – PERFORMANCE APPROACH: ENERGY BUDGETS
A building complies with the performance approach if the TDV energy budget (Time Dependent Valuation as defined in the California Energy Code) calculated for the Proposed Designed Building under Subsection (b) is no greater than the TDV energy budget calculated for the Standard Design Building under Subsection (a). Additionally, the energy budget, expressed in terms of source energy, of a newly constructed low-rise multifamily building (less than four habitable stories) shall be at least ten percent (10%) lower than that of the Standard Design Building.

EXCEPTION 1 to Section 170.1. If the Certificate of Compliance is prepared and signed by a Certified Energy Analyst, the compliance margin may be reduced by one percentage point, but in no event be less than zero.

SECTION 3: The St. Helena City Council finds and determines that this Ordinance has been assessed in accordance with the California Environmental Quality Act (Cal. Pub. Res. Code, § 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (14 Cal. Code Regs. § 15000 et seq.) and is categorically exempt from CEQA under CEQA Guidelines, § 15061(b)(3), which exempts from CEQA any project where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. It is also exempt from CEQA pursuant to CEQA Guidelines, § 15038 which exempts actions taken by regulatory agencies for the enhancement and protection of the environment. As such, the Ordinance is categorically exempt from CEQA SECTION 4: It is hereby declared to be the intention of the St. Helena City Council that the sections, paragraphs, sentences, clause, and phrases are severable, and if any phrase, clause, section or paragraph of this ordinance shall be declared unconstitutional or invalid by a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance.

SECTION 5: If any section, subsection, sentence, clause or phrase of the provisions depicted in this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining provisions adopted under this Ordinance. The City Council of the City of St. Helena hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases thereof shall be declared invalid.

SECTION 6. This Ordinance shall take effect upon the date the California Building Standards Commission accepts the ordinance for filing, but in no earlier than thirty (30) days from and after the date of its passage.

Agenda Item #11.1.

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THE FOREGOING ORDINANCE was introduced at a regular meeting of the St. Helena City Council on the twenty-seventh day of August 2024, and was adopted at a regular meeting of St. Helena City Council on the ____day of ________2024
Mayor Dohring: _____
Vice Mayor Hall: _____
Council Member Chouteau: _____
Council Member Kenealy: _____
Council Member Summers: _____
APPROVED:
_______________________________
Paul Jamison Dohring, Mayor
ATTEST:

Mayor Dohring: _____
Vice Mayor Hall: _____
Council Member Chouteau: _____
Council Member Kenealy: _____
Council Member Summers: _____
Agenda Item #11.1.

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Agenda Item #11.1.

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From: Christopher J Warner
To: Cindy Tzafopoulos
Subject: [External] City Council Agenda, August 27, 2024 - Item 11.1 - "Reach" Ordinance Re. GHG Emissions Reductions Date: Sunday, August 25, 2024 5:02:53 PM
Cindy, please include the following comment and recommendation re. Agenda Item 11.1 on the August 27, 2024 City Council Agenda:

The "REACH" building code ordinance as drafted is well-intended and directed at incenting new residential and non-residential buildings to be electrified in order to reduce greenhouse gas emissions from domestic natural gas appliances. However, the staff report and draft ordinance contain no clear quantification of the comparative costs and benefits of the ordinance, particularly the costs of imposing the new electrification requirements and "readiness" standards on new affordable and workforce housing in St. Helena, including owned as well as rental housing. Nor does the staff report include any quantification of the costs of imposing the ordinance's requirements on new non-residential buildings and developments such as hotels and other retail establishments.

Also, it appears that the ordinance would apply certain of the "REACH" electrification standards to existing building t owners or developers that seek approval of alterations or additions. (See Draft Ordinance Section 15.80.050, Note "Sections 150.2(a) and 150.0(b) specify which requirements of Sections 150.0(a) through 150.0(r) also apply to additions or alterations.")
I support a "REACH" ordinance that provides cost-neutral incentives and options for new buildings to reduce GHG emissions from domestic natural gas appliances through electrification as well as through other equivalent GHG reducing measures, such as energy efficient construction and retrofits. However, I recommend that the City Council action on the draft "REACH" ordinance proposed in Agenda Item 11.1 be deferred until quantitative costbenefit data on the impact of the ordinance on affordable, workforce and retail buildings, both existing and new, be evaluated for reasonableness.

In addition, I recommend that any such ordinance contain a waiver option where a residential or non-residential building owner or developer can demonstrate that the costs of complying with such ordinance will render an otherwise beneficial new or retrofitted building project cost-ineffective and adverse to the City's goals of promoting additional affordable and workforce housing.

Thank you. My comments are personal only and do not reflect any professional, voluntary or appointed position or affiliation I have.

Christopher Warner
1434 Grayson Avenue
St. Helena, CA 94574
415-309-9572
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Napa Climate NOW! • napa.350bayarea.org
Advocating for urgent climate action based on the latest climate science August 27, 2024
To: St. Helena City Council
Re: August 27 Item 11.1—Ordinance for a building Reach Code We are writing to applaud the St. Helena City Council for moving forward to adopt a building reach code that will reduce GHG emissions from new buildings by encouraging all-electric construction.

The proposed ordinance will also help increase charging infrastructure for EVs by requiring wiring and outlets for EV chargers, improve public health by discouraging gas appliances and their toxic emissions, and make housing more affordable by increasing the energy efficiency of new buildings.

This action will allow St. Helena residents to take advantage of clean, renewable, carbon-free energy produced on-site (with solar panels) or from the grid. As Bill McKibben pointed out in a June 27 New Yorker article “this spring for some portion of almost every day, a combination of solar, wind, geothermal, and hydropower has been producing more than a hundred per cent of California’s demand for electricity.”
Adopting the ordinance is an important step to take to achieve our region’s goal of reducing climate pollutants to net zero by 2030. It shows that St. Helena is serious about doing its part to limit warming and its disastrous consequences.

Thank you for your action.

The Napa Climate NOW! Steering Committee
Lynne Baker, Co-Chair
Marilyn Knight-Mendelson, Co-Chair
Chris Benz
Linda Brown
Jim Wilson
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Agenda Report to the City Council
Agenda Section: NEW BUSINESS
Department: Administration
DATE: August 27, 2024
FROM: Cindy Tzafopoulos, City Clerk
SUBJECT: Adopting a resolution appointing one applicant to the Library Board of Trustees to fill a vacancy

RECOMMENDED
ACTION:

Adopt a resolution appointing an applicant to the Library Board of Trustees.

PREVIOUS COUNCIL
ACTION:

The City Council adopted a resolution on June 25, 2024 to fill expiring terms and leave the recruitment open until vacancies are filled.

STATEMENT OF THE
PURPOSE:

To fill the Library Board of Trustees vacancy.

FINANCIAL IMPACT: None
BACKGROUND:

The City Council adopted a resolution on June 25, 2024 to fill expiring terms of office for all boards, committees and commissions and leave the recruitment open until all vacancies are filled.

The City Clerk left the Library Board of Trustees recruitment open due to not receiving enough applications and solicited applications from interested community members.

DISCUSSION:

The City of St. Helena received three applications for the Library Board of Trustees.

Library Board of Trustees
Janet Myers resigned on June 11, 2024 leaving one opening with an expiring term June 30, 2025.

Three applications were received from Hailey Covey, Jonathon Furuta and Nadia Torres.

Per City Council Rules of Procedure appointments shall be made by interview and the Mayor shall nominate applicants with the appointments subject to approval by the majority of Council. The City Council convened an applicant interview meeting on August 27, 2024 at 5:30 pm at Vintage Hall Wellness Center.

DOCUMENTS ATTACHMENTS:

Agenda Item #13.1.

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Appointments Resolution
Boards and Commissions Members Updated 08-13-2024
Library Board of Trustees Application - Hailey Covey - 06 Aug 2024 Library Board of Trustees Application - Jonathan Furuta - 06 Aug 2024 Library Board of Trustees Application - Nadia Torres
Agenda Item #13.1.

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CITY OF ST. HELENA
RESOLUTION NO. 2024-
Appointing an applicant to the Library Board of Trustees

RECITALS
A. Janet Myers resigned on June 11, 2024 from the Library of Trustees leaving one opening with an expiring term on June 30, 2025; and
B. On June 25, 2024 the City Council adopted a resolution appointing applicants to various boards, commissions and committees and left the recruitment open for all unfilled positions; and
C. Applications have been received from community members for the Library Board of Trustee opening; and
D. Per City Council Rules of Procedure appointments shall be made by interview and the Mayor shall nominate applicants with the appointments subject to approval by the majority of Council; and
E. An applicant interview meeting is scheduled to be held On August 27, 2024 at 5:30 p.m.

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

Library Board of Trustees

1. __________, is appointed to the St. Helena Library Board of Trustees to fill a vacant position that expires on June 30, 2025.

Approved at a Regular Meeting of the St. Helena City Council on August 27, 2024, by the following vote:

Mayor Dohring: __________
Vice Mayor Hall : __________
Council Member Chouteau: __________
Council Member Summers: __________
Council Member Kenealy: __________
APPROVED: ATTEST:
________________________ ________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #13.1.

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Updated: 08-13-2024
Name Address Phone Number Email Address Appointment
Date
Term
Expires
Active Transportation & Sustainability
Committee
John Zimmerman 4/13/2021 6/30/2025
Glenn Smith 9/8/2015 6/30/2026
Coral Posert 7/1/2024 6/30/2026
Jeff Farmer 6/27/2017 6/30/2025
Natalia Ramirez Guzmàn 7/1/2024 6/30/2026
Richard Seiferheld - Alternate 7/1/2024 6/30/2026
Vacant - Alternate 6/30/2026
City Council Liaison/Paul Dohring B 707-942-1298 [email protected] Staff Liaison/Rebecca White St. Helena City Hall 707-312-2230 [email protected] Library Board of Trustees
Gillian Casey, Vice Chair 6/27/2023 6/30/2025
Vacant 6/30/2025
Alexandra Haslip 11/9/2021 6/30/2026
Dana Johnson 7/1/2024 6/30/2026
Jack Stuart 7/1/2024 6/30/2026
Michelle Deasy 7/1/2024 6/30/2025
Deborah Claymon Boeschen, Chair 4/25/2023 6/30/2026
City Council Liaison/Council Member
Chouteau 968-1865 [email protected]
Staff Liaison/Melinda Cervantes St. Helena Public Library Executive Associate 963-5244 [email protected]
Parks and Rec Commission
Jim Anderson 6/27/2023 6/30/2025
Courtney Andrain 6/27/2023 6/30/2025
Stephanie Smithers 7/1/2024 6/30/2026
Doug Boeschen 6/28/2022 6/30/2026
John Thompson 7/1/2024 6/30/2026
City Council Liaison/Council Member
Summers [email protected]
Staff Liaison/Dave Jahns Parks & Recreation Dept. Office 967-2798 [email protected] Planning Commission
John Ponte, Chair 6/27/2017 6/30/2025
St. Helena Boards, Committee & Commissions Roster
Meets 1st Wednesday @ 5:00 PM, Main Conference Room City Hall Term of office is 2 years Meets 2nd Wednesday @ 5:00 PM, St. Helena Library Term of office is 2 years Meets 1st & 3rd Tuesday @ 6:00 PM, Vintage Hall Term of office is 4 years Meets 3rd Monday @ 4:30 PM, Carnegie Building Term of office is 2 years Agenda Item #13.1.

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Autumn Anderson 2/12/2019 6/30/2028
Chris Warner, Vice Chair 6/28/2022 6/30/2026
Hector Lopez 4/9/2024 6/30/2025
Sue Furdek 4/25/2023 6/30/2028
Staff Liaison/Maya DeRosa Community Development Director 967-2783 [email protected] Napa County Mosquito Abatement - St.

Helena Representative
Brian Cramer 7/14/2015 12/31/2025
Active Transportation Advisory Committee
(ATAC) to NVTA
Glenn Smith 6/25/2024 6/30/2027
Meets 4th Monday @ 5:00 PM Term of office is 3 years
Agenda Item #13.1.

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Agenda Report to the City Council
Agenda Section: NEW BUSINESS
Department: Administration
DATE: August 27, 2024
FROM: April Mitts, Assistant City Manager
SUBJECT: Review, Discussion, and Direction of Ad Hoc
Water/Wastewater Exploratory Committee
Recommendation to City Council.

RECOMMENDED
ACTION:

Review and discuss the WWE Committee
recommendation and provide direction to staff.

PREVIOUS COUNCIL
ACTION:
10/24/24 - City Council established Water and Wastewater Exploratory Committee
11/28/23 - City Council appointment of Water and
Wastewater Exploratory Committee

STATEMENT OF THE
PURPOSE:

Review the Ad Hoc Water and Wastewater Exploratory
Committee recommendation and provide direction to staff.

FINANCIAL IMPACT: None.

BACKGROUND:

In 2022, City Councilmembers began to receive requests from a group of residents to establish a permanent commission focused on matters relating to the Water and Wastewater Enterprises. The group provided members of the Council and the City Manager a 14-page draft bylaws and subsequently a shorter two-page proposal that contained an excerpt from the draft bylaws. On November 22, 2022, a presentation was made to the City Council on the proposal for a permanent Water and Wastewater Commission which also included an excerpt from the draft bylaws as well as a sample ordinance.

Proponents reasons for and rationale behind the request for a permanent commission, noted in the original draft bylaws and subsequent proposal, included the following:

1. Act in an advisory capacity to the City Council in all matters pertaining to the St.

Helena Water and Wastewater Enterprises ("Enterprises") and the maintenance and management thereof.

2. Recommend to the City Council, after public input, the adoption, amendment, or repeal of ordinances relating to Chapter 13 Public Services of the St. Helena Municipal Code.

3. To consider the annual budget of the Public Works Department during its preparation and make recommendations with respect thereto to the City Council.

4. Make recommendations concerning the proposed Enterprise budgets, Capital Improvement Programs (CIPs), Rates, and Water Resale applications.

Agenda Item #13.2.

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5. Provide consistent oversight to the Enterprise financials, CIP, rates, and operational adequacies.

6. Provide a monthly forum for ratepayers to ask questions and voice issues.

7. Take on the responsibilities of the Measure H oversight committee and the Water Advisory Board tied to Phase II and Phase III water restrictions.

8. Assist with the work of the Enterprises and in doing so potentially save money by eliminating consultants.

9. Provide collaborative technical guidance, continuity, and understanding regarding all water projects to City staff.

10.Save staff time.

11.Access potential talent of local citizens to supplement City staff expertise.

12.Assist the City Council in decisions regarding the quality, affordability, and sustainability of water.

13.Set priorities for the Capital Improvement Plan (CIP).

14.Ensure that projects are completed on time as listed in the rate study.

15.Provide continuity and history and thereby augment the institutional knowledge of the Enterprises.

On September 26, 2023, City Council to provided direction to establish a Water and Wastewater Enterprises Exploratory Committee (WWE Committee or Ad Hoc Committee) comprised of Mayor Dohring, Councilmember Hardy (replaced by Councilmember Summers) and three residents for the purpose of identifying the issues for which qualified volunteers can best support the Water and Wastewater Enterprises and to make recommendations to the Council as to how best to organize an advisory body for the purpose. At that meeting, and at the advice of the City Attorney, it was determined that the committee would be governed by the Brown Act.

On October 24, 2023, the City Council adopted a resolution establishing the Ad Hoc Water/Wastewater Exploratory Committee and directed staff to conduct a recruitment.

The City received 6 applicants for the Ad Hoc Committee and on November 28, 2023, the City Council appointed three residents to the Ad Hoc Committee:

1. Arlene Corsetti (resigned from committee on 5/7/24)

2. Garry Rose

3. Gary Matack
The staff liaison to the WWE Committee was Assistant City Manager Mitts.

Staff would like to thank and commend the WWE Committee members for their diligence in attending the meetings, doing research, and engaging in lengthy discussion on the topic.

Agenda Item #13.2.

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DISCUSSION:

The Water/Wastewater Exploratory Committee ("WWE Committee") met a total of six times to identify issues that qualified volunteers could best support the Water and Wastewater Enterprises. Below are links to each meeting:

January 10, 2024
January 18, 2024
February 1, 2024
May 6, 2024
June 7, 2024
June 28, 2024
The gap between the February and May meetings was due to the resignation of Councilmember Hardy from the City Council and the need to replace his position as Vice Chair of the Committee with Councilmember Summers.

During meetings WWE Committee members referred to the permanent group being discussed as a "committee", "task force", "commission", "Ad Hoc", etc. For the purpose of this report, all discussions of this body will be referred to as "committee." During meetings WWE Committee members put forth ideas and had discussions regarding the following:
 Other agencies who have water/wastewater commissions
 Why have a permanent committee
 What purpose a permanent committee would serve
 Potential tasks that could be delegated to a committee Details regarding the WWE Committee meetings can be found using the links to the meetings (above) and are provided below the WWE Committee recommendation.

At its final meeting, the WWE Committee unanimously supported the recommendation to City Council for a Trial Water/Wastewater Advisory Committee. The recommendation is summarized below with the full recommendation provided as Attachment 1.

WWE COMMITTEE RECOMMENDATION FOR CITY COUNCIL CONSIDERATION (summary)
At its final meeting, the WWE Committee unanimously supported the recommendation to City Council for a Trial Water/Wastewater Advisory Committee. The WWE Committee recommendation is summarized below with the full recommendation provided as Attachment 1.

PURPOSE: To be an added resource to City Council and City staff by being available to provide technical assistance, evaluate long-term needs and develop plans to address Agenda Item #13.2.

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those needs, and serve as a trusted resource as staff manages various projects, as assigned by City Council.

PHILOSOPHY: To look ahead and build a culture where members of the Committee can collaborate with and be supportive of staff. It will not be a forum to override Council priorities/direction or seek to manage staff or projects. Be forward-thinking in nature, with a focus on current policy issues and long-term planning through policy development.

TRIAL PERIOD: A trial period of 24 months is being recommended with regularly scheduled meetings every two months, meeting a minimum of 10 times during the trial period.

COMPOSITION, STRUCTURE, AND TERM: Brown Act body with the following composition: (1) comprised of highly skilled professionals in technical or business disciplines, (2) composed of five regular voting members and one alternate, (3) a minimum of three regular members shall (be encouraged to) have relevant professional competency, and (4) one member may be a ratepayer residing outside the City limits.

If the Committee is deemed to be an effective resource worthy of continuance past the trial period, City Council will be asked to take action to extend the existence of the committee and/or convert it to a standing committee. The term of a Committee member shall be four years with staggered terms.

DUTIES: Members of the Committee and the Committee as an entity serve in an advisory capacity to the City Council on matters pertaining to the Water and Wastewater Enterprises as directed by the City Council and aligned with City Council Goals and Objectives and City staff's workplan and capacity.

Based on the adopted City Council goals and current staff workplan, it is anticipated the Committee may focus its initial term in the following areas:
 Water supplies and distribution.
 Water demand and conservation management.
 Wastewater treatment and collection.
 Water conservation/consumption/re-use.
 Water quality.
 Citizen input and education.

EVALUATION AND TRIAL PERIOD: At the end of the trail period, City Council will seek input from City staff and members of the Committee in order to evaluate the efficacy and effectiveness of the Committee.

Agenda Item #13.2.

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WWE COMMITTEE MEETING DISCUSSION ITEMS
The following provides a summary of the main topics discussed during the six WWE Committee meetings.

Why, Purpose, and Tasks
During meetings there where three main discussion points:
 Why have a commission?
 What is the purpose of a commission?
 What tasks could be given to a commission?
Below is a summary of the discussion points in each of the three areas. It should be noted, there was not consensus in all the areas listed below but the discussion points that lead to the final recommendation to City Council by the WWE Committee.

Why have a commission?

1. Provide consistent oversight to the Water and Wastewater enterprise ("enterprise") financials, CIP, rates, and operational adequacies.

2. Give a voice to ratepayers questions and issues.

3. Provide a formal interface between the citizens of St. Helena and the City Council for all aspects of the enterprises.

4. Allow for more in-depth analysis of issues associated with the enterprises.

5. Provide continuity to running the enterprises [citing the high staff turnover and changing City Council's].

6. Provide a necessary group to look into the future water issues such as recapture and conservation.

7. Reduce staff time.

8. Assist with the work of the Enterprises and in doing so potentially save money by eliminating consultants.

9. Provide collaborative technical guidance, continuity, and understanding regarding all water projects to City staff.

10.Set priorities for CIP and ensure projects are completed on time as listed in the rate study.

11.Potentially attract members with expertise in water and wastewater issues. This adds substantial and important local knowledge when working with any necessary consultants.

12.Increased interface and communications with other water/wastewater organizations and boards.

Purpose of a commission?

1. Advise and make recommendations to the City Council regarding management, extension, and operations of the water and wastewater enterprises.

Agenda Item #13.2.

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2. Provide additional resources for technical and financial advice to the City Council and City staff.

3. Assess potential talent of local citizens to supplement City staff expertise.

4. Build public trust in City Council decisions that are advised by a formal citizen's commission.

5. Provide suggested solutions to enterprise issues in lieu of the present system of only listening to complaints of poor decisions.

What tasks could be given to the commission?

1. Oversight of enterprise operations including financials, CIP, rates, and operational issues.

2. Consider the annual enterprise budget and make recommendations to the City Council and City Manager.

3. Recommend to the City Council regarding acquisition, disposition or repair of facilities, equipment, and supplies relating to the enterprise systems.

4. Act as required oversight for Measure H.

5. Assume duties of Water Advisory Board during Phase II and higher emergencies.

6. Provide peer review of City staff proposals and outside consultant input.

7. Provide a monthly forum for rate payers to ask questions and voice issues.

8. Pursue, along with staff, opportunities for grants and funding of the enterprises.

9. Work with other Napa County and City organizations to look at best practices for the conservation of water.

10.On a five-year basis, advise on water/wastewater rates and during the intervening years make sure that the Enterprise is following the rate plan.

11.Make studies of long-range plans for securing sources of domestic water supply for recommendation to the City Council.

Narrowing the Focus
After many weeks of discussion by the WWE Committee, on May 6, 2024, staff presented a Duty/Topic Matrix (Attachment 2) to the committee for discussion. Items 1 - 17 on the matrix were derived from WWE Committee discussions and items included in #18 were taken from the current City Council goals and staff workplan.

The committee discussed the various options and came to unanimous agreement on the following:

1. There are certain areas which a committee may be beneficial.

2. Duties and scope of the committee should align with City Council Goals and staff workplan.

3. A committee should minimize the effect on staff.

4. A committee would need to add value.

5. Expertise would be required of committee member qualifications.

6. Have an initial trial basis of a committee.

7. Predetermine how to judge the success of the trial period.

Agenda Item #13.2.

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The WWE Committee met on June 7, 2024, to review the draft committee recommendation and on June 28, 2024, unanimously supported the recommendation to City Council for a Trial Water/Wastewater Advisory Committee as noted above and provided as Attachment 1.

Staff Input/Clarifications
Staff again would like to thank the committee members who dedicated their time and resources during the six months this Ad Hoc group met. While many topics were discussed the group came together with one recommendation to City Council.

In finalizing this report, staff recognized there are points of clarification needed if City Council moves forward with a trial water/wastewater committee. They are outlined as follows:

1. Define process for committee assignments by City Council. As noted in the draft recommendation, the committee is intended to be an added resource to the City Council and City staff serving at the will of the City Council. Staffs recommendation is that annually City Council receive feedback from the Committee and staff on priorities. Council will then develop and set the workplan for the Committee on an annual basis.

2. Clarify focused actions. Determine what actions would be required of a committee such as reporting requirements. Would this group report to City Council on an annual basis, at the conclusion of an assignment, etc.

3. Define goals and actions of committee assignments. The recommendation by the WWE Committee lists six areas the committee may focus on during its initial term; however, the six items are very broad. e.g. Water supplies and distribution.

In order to be successful, any assignments would need to be better defined. e.g. research and prepare a report for City Council on alternative water supplies and distribution channels that may be feasible for St. Helena. As Council sets the workplan, defined focus would be beneficial.

4. Recommended Timeline. If City Council moves forward with a trial water/wastewater committee, staff recommends the following timeline:
o September/October 2024 - City Council appoint Ad Hoc Committee to finalize the draft water/wastewater committee structure and further define/develop trial period tasks.
o October 22, 2024 - Committee structure and trial period tasks presented to City Council for consideration and approval.
o October 28 - December 1, 2024 - Applications accepted for appointment to Committee.
o December 10, 2024 - Applicant Interviews and City Council appointment of Committee members.
o January 2025 - First meeting of Committee.
o December 2026 - City Council review of effectiveness of Committee.

ENVIRONMENTAL REVIEW: N/A
Agenda Item #13.2.

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GOAL:

Goal 3: Pursue Water Security & Sustainable Management of Water Resources Goal 4: Provide Effective Community Information & Opportunities for Engagement Goal 7: Enhance Organizational Effectiveness
Miscellaneous/Other
DOCUMENTS ATTACHMENTS:

Attachment 1 - Water/Wastewater Exploratory Committee Recommendation.final approved 062824
Attachment 2 - Duties and Topics Matrix 050624
Agenda Item #13.2.

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Water/Wastewater Committee (“Committee”) Recommendation As with other Council appointed committees, this Committee will serve at the will of the City Council.

Purpose:

The purpose of the Committee is to be an added resource to City Council and City staff by being available to provide technical assistance, evaluate long-term needs and develop plans to address those needs, and to serve as a trusted resource as staff manages various projects, as assigned by City Council.

Philosophy:

The philosophy of the Committee is to look ahead and to build a culture where members of the Committee can collaborate with and be supportive of staff in a collegial, respectful manner. It will not be a forum to override council priorities/direction or seek to manage staff or projects. The Committee will be forward-thinking in nature, with a focus on current policy issues and long-term planning through policy development.

Trial Period and Reasoning:

A trial period of 24 months is being recommended with regularly scheduled meetings every two months, meeting a minimum of 10 times during the trial period. The trial period is intended to allow rapport to be built with the Committee members, City Council, and City staff, and for the Committee to gain a better understanding of Enterprise needs and how this Committee can be utilized as a valuable and trusted resource for the City.

Composition, Structure, and Term:

As with other Committees of the City Council, this Committee will be Brown Act compliant with the following composition: (1) comprised of highly skilled professionals in technical or business disciplines, (2) composed of five regular voting members and one alternate, (3) a minimum of three regular members shall (be encourage to) have relevant professional competency, and (4) one member may be a ratepayer residing outside the City limits.

Duties:

Members of the Committee and the Committee as an entity serve in an advisory capacity to the City Council on matters pertaining to the Water and Wastewater Agenda Item #13.2.

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Enterprises (“Enterprises”), present and future, as directed by the City Council and aligned with City Council goals and objectives, and City staff’s workplan and capacity.

These matters could include policy formation/updates related to:

1. The protection, integrity, use and reuse of the City’s water resources.

2. Development and implementation of programs that achieve City Council goals and objectives related to water supply management, water conservation, water reuse, water demand management, and wastewater management.

3. Attendance and reports on relevant countywide commissions and committees.

Based on the adopted City Council goals and current staff workplan, it is anticipated the Committee may focus its initial term in the following areas:
• Water supplies and distribution.
• Water demand and conservation management.
• Wastewater treatment and collection.
• Water conservation/consumption/reuse.
• Water quality.
• Citizen input and education.

Evaluation of Trial Period
At the end of the 24-month trial period, City Council will seek input from City staff, and members of the Committee in order to evaluate the efficacy and effectiveness of the Committee. The City Council at its sole discretion will determine if this Committee continues to exist. The evaluation will be subjective utilizing the following considerations, as a starting point, to determine if the Committee met its purpose.

Additional considerations of the success of the committee include but is not limited to:
(1) staff considers the Committee was beneficial to their work product, (2) the Committee’s focus, efforts, productivity, and time requirements aligned well with staffing capacity, and (3) the Committee advanced the goals and objectives of the City Council.

Agenda Item #13.2.

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Duties/Topics
1 Annually, the City Council reviews and updates the taskforce assignments 2 Oversight of enterprise operations including: financials, budgets, CIP, rates, and operational issues 3 Pursue opportunities for grants and funding
4 Advise on Water and Wastewater rates during rate study process 5 Provide additonal resources for financial advise to staff 6 Technical Guidance
- Develop a streamlined process for evaluation of technical details and inputs from suppliers regarding proposed solutions.
- Evaluation for merit, projects and proposals meet their intended performance targets (both financially and technically)
7 Recommend to the City Council acquisition, disposition, or repair of facilities, equipment, and supplies related to the Water and Wastewater systems
8 Help structure the process for reporting CIP project and project status/updates 9 Recommend to the City Council plans, rules, and regulations pertaining to the above, including fixing rates, charges, or other payments
10 At the direction of Council, make studies of long-range plans such as: (1) securing sources of domestic water supply that can include all water sources, water reclamation, storage, and conservation; (2) water issues such as recapture and conservation; and (3) infrastructure to accommodate #1 and #2. Take the long term view and make recommendations to City Council
11 Provide a forum for Rate payers to ask questions and voice concerns 12 Advisory Board to the City Council on all matters pertaining to the Water and Wastewater Enterprises 13 Be there as a group to bounce things off of
14 Stormwater - someone to look at how to recapture stromwater and find a solution and better ways of doing things 15 Be another set of eyes that are more focused on a particular problem - allows a filter and allows the City Council to let the committee look at the issue and go through a process for recommendation. 16 Philosophy of taskforce: does not look backwards, but looks forward. Not a place where people can come rehash the past problems, but looking to things going forward. Not criticizing. Focus on long-term planning and not overburdening staff.
17 Work with other Napa County and City organizations to look at best practices for the conservation of water 18 COUNCIL GOALS AND STAFF WORKPLAN
18a 2.300 Exploration of solar on water/wastewater infrastructure 18b 2.614 Develop Recycled Water Master Plan
18c 2.615 Explore use of tertiary water (resulting from treatment at the WW plant) to expand the amount of potable water by further treatment and/or mission with water as the reservoir 18d 2.1100 Explore limits on City's capacity to provide water to City residents beyond the existing RHNA cycle (part of Safe Yield and Water Neutrality?)
18e 3.110 Update Water Neutrality Policy and Safe Yield Analysis 18f 3.500 Review Current Water Allocations During Phase II and Phase III Water Emergencies for Recommended Changes 18g 3.600 Review Current Penalty Structure for the Phase II and Phase III Water Emergency 18h 3.700 Develop and Refine Incentive Programs (Leak Repair, Gray Water, Customer Assessment Services, other rebates/incentives (enhancements and help for low income and/or seniors) 18i 3.810 Evaluate and pursue additional water sources (e.g. alternative municipal well, Sites Reservoir in Coluse County, Adventist Health Wells, Rector Dam surplus water, etc.) 18j 3.900 Investigate feasibility of using recycled/reclaimed wastewater for either groundwater recharge or for mixing with our domestic water supplies.

Agenda Item #13.2.

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From: Christopher J Warner
To: Cindy Tzafopoulos
Subject: [External] August 27, 2024 City Council Agenda - Comments on Agenda Item 13.2, Water and Wastewater Advisory Committee
Date: Monday, August 26, 2024 8:49:02 AM
Here are some comments on Agenda Item 13.2:

The draft recommendation and staff report in several places indicate that the Committee, if approved, will have no authority or duties or topics on which to advise and prepare reports EXCEPT as specifically assigned to it by the City Council and supported by City staff. This is important, because the City staff and Council face serious shortages in both funds and time to devote to priority City issues. Any new "advisory" committee should not distract or conflict with Council and City staff priorities unless absolutely necessary and not otherwise addressed directly by the Council, the City staff or other City entities, such as the Planning Commission, Measure H Advisory Committee, Water Advisory Committee et al.

However, the draft recommendation and staff report in certain places appear to support a broad and confusing scope of duties and priorities for the Committee, even before the City Council has a chance to develop and approve a specific workplan with specific assignments to the Committee.

This is very confusing and should be clarified by the Council before any approval of the Committee, even on a trial basis. If the Council approves the Committee (which should be carefully decided at the outset), then the Council should make clear that the Committee has no specific authority or duties except those specifically assigned to the Committee in the annual workplan and supported by City staff as not duplicating work, duties and priorities of other City departments and entities.

The City's current financial and expenditure priorities make it essential that no additional priorities or programs be developed that distract unnecessarily from the City's existing priorities and services, including those within the scope and workload of the Council, the City staff and other City entities.

My comments are personal only, and are not based on any position, duties or affiliation with any entity, including the City.

Thx for consideration of these comments.

Christopher J. Warner
1434 Grayson Avenue
St. Helena, CA 94574
415-309-9572
Agenda Item #13.2.

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Garry L. Rose
WWE Committee Member
August 26, 2024
St. Helena City Council Members
RE: August 27 Regular City Council Meeting,
Agenda Item 13.2, Review, Discussion, and Direction of Ad Hoc Water/Wastewater Exploratory Committee Recommendation to City Council.

Dear St. Helena City Council
Item 13.2, asks the St. Helena City Council to review and discuss the WWE Committee recommendation and provide direction to the staff. The agenda report lists Background, Discussion, WWE Committee Recommendation for City Council Consideration (Summary), WWE Committee Meeting Discussion Items, and Documents Attachments.

The City Staff added a section identified as Staff Input/Clarifications, which consists of four (4) items. The fourth item being a recommended timeline. Items 1 through 3 are subjects that were previously discussed by the WWE Committee and are well summarized in Attachment 1, Water/Wastewater Committee (“Committee”) Recommendation.

My opinion is, the appointment of another ad hoc committee to re-address items 1 through 3 is unnecessary and requires additional staff time. Any additional discussion on these three (3) items can be accomplished by the proposed standing committee, after they are appointed.

Having served on the ad hoc committee and taken part in the many discussions regarding issues stated in items 1 through 3 of the Staff Input/Clarifications, I think these three (3) items are well covered in Attachment 1, Committee Recommendation. The goals and actions are intentionally broad due to the fact that the proposed Committee will be involved with many aspects of the water and wastewater enterprises, over an extended time. The subject matter determined by the City Council will be on issues that exist now and in the future. This necessitates flexibility in the focus of this proposed committee. The water and wastewater enterprises are on-going entities and as such need on-going input and support. This is in contrast to an ad hoc committee assigned to address a single issue and then disbanded.

I would suggest that the City Council approve a motion to form the standing committee per Attachment 1, Water/Wastewater Committee Recommendation and revise item 4, recommended timeline to read o September/October 2024 – St. Helena City Council direct staff in conjunction with prior ad hoc committee citizen members to promote and recruit potential standing committee members per Attachment 1 recommendations.
o November 2024 – Applications accepted for appointment to Committee. o December 10, 2024 – Applicant interviews and City Council appointment of Committee members. o January 2025 – First meeting of Committee
o January 2026 – City Council review of Committee effectiveness Respectfully submitted August 26, 2024
Garry L. Rose
Agenda Item #13.2.

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St. Helena City CouncilAugust 27, 2024

St. Helena City Council
August 27, 2024