St. Helena City Council
February 25, 2025

City of St. Helena
Regular City Council Meeting
Tuesday, February 25, 2025 @ 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.

The City Council meeting will be live-streamed on Comcast 28 and on the City's website.

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: Michelle Deasy, City Council Members:

Aaron Barak, Kate Spadarotto, 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 and Special Meeting Minutes of February 11, 2025.

Regular City Council - 11 Feb 2025 - Minutes
Special City Council - 11 Feb 2025 - Minutes
7 - 14

6. PUBLIC FORUM:

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

Estimated start time: 6:10 p.m.

6.1. Public Comment. Daniel Hale 1
Public Comment.Daniel Hale 2
Public Comment.Daniel Hale 3
Public Comment.Daniel Hale 4
Public Comment.Daniel Hale 5
Public Comment.Daniel Hale 6
15 - 30

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

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

Estimated start time: 6:20 p.m.

8. PRESENTATIONS AND PUBLIC RECOGNITIONS

8.1. Proclaiming March American Red Cross Month presented to American Red Cross of Napa and Sonoma
Proclamation
31 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. January 2025 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
33 - 38

10.2. Approve Resolution Authorizing: Amendment #1 to STH Contract:

FY2024-065 With Toole Design (TDG Engineering Inc.) for Additional Services Related to Capital Improvement Project R24-01 Streets Master Plan for $95,428 bringing the total not-to-exceed contract value of $325,374 paid for through Traffic Impact Fees; authorizing a budget increase of the same for the unbudgeted expense.

CEQA Determination: Not a CEQA project
Prepared By: Lesley Milton, Deputy City Manager
Recommendation:

Staff recommends that the City Council approve the attached 39 - 50

Resolution.

Staff Report - Pdf

10.3. Approval of a resolution authorizing the purchase of a Compact Track Loader for a total cost of $73,312.18 from Bobcat of Santa Rosa for the Water Treatment Plant Operations as budgeted in the approved in the FY 2024-25 adopted budget.

CEQA Determination: Not a CEQA project
Prepared By: Carlos Uribe, Assistant Public Works Operations Manager, Lesley Milton, Deputy City Manager
Recommendation:

Staff recommends authorizing the purchase of the Bobcat Compact Track Loader as presented.

Staff Report - Pdf
51 - 102

10.4. Authorize the purchase of a John Deere 410 P-Tier Backhoe from Pape Machinery for a total cost not to exceed $199,512 to be used by all Public Works Divisions and authorize the use of FY25 Public Works unspent funds in the amount of $110,000 and the use of General Fund reserves for the remaining $89,512 for the unbudgeted expense.

CEQA Determination: Not a CEQA project
Prepared By: Lesley Milton, Deputy City Manager
Recommendation:

Staff recommends that the City Council authorize the purchase of a John Deere 410 P-Tier Backhoe Loader for a total cost of $199,512.

This critical equipment will be cost-shared between Public Works Operations (Streets, Parks & Trees) and enterprise funds for Water, Wastewater, Collections, and Distribution divisions.

Staff Report - Pdf
103 - 112

10.5. Consideration and Proposed Adoption of a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Napa County Resource Conservation District (RCD), in an amount not-toexceed $123,400 for York Creek Project Year 5 & 6 Monitoring Services as required for the Upper York Creek Ecosystem Restoration Project (W-26), authorize use of $123,400 from Fund 237 for the unbudgeted expense, and authorize a budget increase of the same.

CEQA Determination: Environmental Impact Report (SCH. No. 2006092096)
Prepared By: Stephanie Killingsworth, Public Works Financial Analyst Recommendation:

Staff Recommends City Council Adopt the attached Resolution.

Staff Report - Pdf
113 - 135

11. PUBLIC HEARINGS
None.

12. OLD BUSINESS

Estimated start time: 6:50 p.m.

12.1. Consideration and Proposed Approval of a Resolution Rescinding Resolution 2023-63 and Adopting Updated Rules of Procedure for the Conduct of Council meetings and Standards of Conduct.

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

Adopt the attached Resolution.

Staff Report - Pdf
137 - 183

13. NEW BUSINESS
Estimated start time: 7:05 p.m.

13.1. Fiscal Year 2023-24 Annual Comprehensive Financial Report and Independent Auditor's Report on Internal Control Over Financial Reporting.

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

Staff recommends the City Council receive accept the Comprehensive Annual Financial Report of the City of St. Helena for Fiscal Year Ended June 30, 2024.

Staff Report - Pdf
Auditor Presentation
Staff Presentation
185 - 339

13.2. Fiscal Year (FY) 2024-25 2nd Quarter Finance Report and Consideration of a Resolution Approving Mid-Year Budget Adjustments for FY 2024-25.

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

Staff recommends approval of the attached resolution.

Staff Report - Pdf
Presentation
341 - 387

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. Napa County Local Agency Formation Commission (LAFCO) H. Napa Valley Transportation Authority (NVTA)
I. Napa County Watershed Information Center & Conservancy (WICC) J. Upper Valley Waste Management Agency
K. Napa County Groundwater Sustainability Plan Advisory Committee L. Napa County Regional Climate Action Committee
M. Council Ad Hoc and Standing Committee Reports

15. ADJOURNMENT
The next Regular City Council meeting is scheduled for March 11, 2025 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 February 21, 2025.

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

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

If a person wishes to challenge the above actions in court, they may be limited to raising only those issues they or someone else raised at the meeting

described in this notice, or in written correspondence delivered to the City of St. Helena, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

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

MINUTES
City of St. Helena
Regular City Council Meeting
Tuesday, February 11, 2025 @ 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 Michelle Deasy, Council Members Aaron Barak, Kate Spadarotto, and Billy Summers

Absent:

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. ADOPTION OF THE AGENDA

4.1 Council Member Aaron Barak moved to adopt the agenda. The motion was seconded by Council Member Kate Spadarotto and on voice vote carried by the following vote:

AYES: Mayor Paul Dohring, Council Member Aaron Barak, Vice Mayor Michelle Deasy, Council Member Kate Spadarotto, and Council Member Billy Summers
NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None

5. APPROVAL OF MINUTES

5.1 Consideration and proposed approval of Regular Meeting Minutes of January 28, 2025
Council Member Billy Summers moved to approve the Regular Meeting Minutes of January 28, 2025. The motion was seconded by Council Member Kate Spadarotto and on voice vote carried by the following vote:

AYES: Mayor Paul Dohring, Council Member Aaron Barak, Vice Mayor Michelle Deasy, Council Member Kate Spadarotto, and Council Member Billy Agenda Item #5.1.

Regular City Council
February 11, 2025
Summers
NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None

6. PUBLIC FORUM:

Patrick Kenealy and Mary Stephenson addressed the City Council.

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

7.1 City Attorney, Ethan Walsh noted that there was no reportable action from the Closed Session meeting of February 10, 2025.

Deputy City Manager, Lesley Milton reported on the Grapevine application.

Council Member Aaron Barak made a motion to have a discussion around the housing strategy in a future council meeting.

8. PRESENTATIONS AND PUBLIC RECOGNITIONS

8.1 Planning Commission Chair Report
Planning Commission Chair, John Ponte gave a presentation on the Planning Commission.

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 Authorization for 1) Emergency Generator Rental Services from C&D Power for the Wastewater Treatment Plant MBR Facility for an additional $87,2834 for a Not-to-Exceed cost of $238,520 and 2) A Budget increase in the amount of $37,284 utilizing Fund 571 Wastewater Operations fund balance.

CEQA Determination: Not a CEQA project
Prepared By: Lesley Milton, Deputy City Manager
Recommendation:

Staff recommends approval of the attached resolution.

Agenda Item #5.1.

Regular City Council
February 11, 2025

10.2 Consideration and adoption of a Resolution authorizing 1) Amendment #1 to St.

Helena Contract FY2025-017 with M-Group to obtain planning expertise and consulting for an additional $50,000 for a total contract amount not to exceed $75,000; and 2) A budget increase in the amount of $5,000 using General Fund Reserves.

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

Staff recommends Council adopt the attached resolution.

Council Member Aaron Barak moved to approve the consent items. The motion was seconded by Council Member Billy Summers and on roll call carried by the following vote:

AYES: Mayor Paul Dohring, Council Member Aaron Barak, Vice Mayor Michelle Deasy, Council Member Kate Spadarotto, and Council Member Billy Summers
NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None

11. PUBLIC HEARINGS

12. OLD BUSINESS

12.1 Consideration and adoption of a Resolution (follows previous Council actions on water meter replacement program) to (1) Award the CIP Project W24-04 SMART Meter Deployment to Professional Meters, Inc. in the amount of $565,063; (2) Authorize the City Manager to execute the Construction Contract with Professional Meters, Inc.;(3) Authorize the Director of Public Works to approve Change Orders not to exceed 15% of the contract amount; and (4) Authorizing a project budget amendment of $333,105.

CEQA Determination: Class I Categorical Exemption under Section 15301 of CEQA
Prepared By: Lesley Milton, Deputy City Manager
Recommendation:

Approve the attached Resolution.

Deputy City Manager Lesley Milton and Director of Public Works, Joe Leach gave a presentation on the SMART Water Meter Deployment.

Public comment was received by Garry Rose.

Vice Mayor Michelle Deasy moved to approve resolution with additional direction to review replacement battery costs to ensure that those costs are Agenda Item #5.1.

Regular City Council
February 11, 2025
funded. The motion was seconded by Council Member Aaron Barak and on roll call carried by the following vote:

AYES: Mayor Paul Dohring, Council Member Aaron Barak, Vice Mayor Michelle Deasy, and Council Member Kate Spadarotto
NOES: Council Member Billy Summers
ABSENT: None
ABSTAIN: None
RECUSE: None

12.2 Consideration and proposed approval of a Resolution appointing five Members and 1 Alternate to the Water/Wastewater Advisory Committee and one member to the vacant opening on the Library Board of Trustees.

CEQA Determination: Not a CEQA project
Prepared By: Erika Opp, Administrative Analyst
Recommendation:

Appoint one member to the Library Board of Trustees and appoint five regular members and one alternate member to the Water/Wastewater Advisory Committee.

No public comment was received.

Mayor Paul Dohring moved to appoint Juana Navarro to the Library Board of Trustees. The motion was seconded by Vice Mayor Michelle Deasy and on roll call carried by the following vote:

AYES: Mayor Paul Dohring, Council Member Aaron Barak, Vice Mayor Michelle Deasy, Council Member Kate Spadarotto, and Council Member Billy Summers
NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
Mayor Paul Dohring moved to appoint Jay Kouba, Brent Randol, Garry Rose, Mario Trinchero and Peter White as regular members to the Water and Wastewater Advisory Committee and Carl Myers as an alternate. The motion was seconded by Council Member Aaron Barak and on roll call carried by the following vote:

AYES: Mayor Paul Dohring, Council Member Aaron Barak, Vice Mayor Michelle Deasy, Council Member Kate Spadarotto, and Council Member Billy Summers
NOES: None
ABSENT: None
Agenda Item #5.1.

Regular City Council
February 11, 2025
ABSTAIN: None
RECUSE: None

13. NEW BUSINESS

13.1 Receive status report on Action Items detailed in the adopted 2024 Flood Project Condition Assessment Report.

CEQA Determination: Not a CEQA project
Prepared By: Lesley Milton, Deputy City Manager
Recommendation:

Receive the report and provide direction as necessary.

Public Works Director, Joe Leach presented on the item.

No public comment was received.

No action was taken by Council as it was an informational only item.

13.2 Adopt a Resolution authorizing participation in the PARS Post-Employment Benefits Trust Program to be administered by Public Agency Retirement Services (PARS) and U.S. Bank, appointing the City Manager as the City’s Plan Administrator, and authorizing the City Manager to execute the documents to implement the Program to set aside funds to offset the City's pension liability.

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

Approve the attached resolution.

Administrative Services Director Mandy Kellogg and Ryan Nicasio, Senior Vice President of PARS reported on the item.

No public comment was received.

Council Member Aaron Barak moved to approve the resolution. The motion was seconded by Vice Mayor Michelle Deasy and on roll call carried by the following vote:

AYES: Mayor Paul Dohring, Council Member Aaron Barak, Vice Mayor Michelle Deasy, Council Member Kate Spadarotto, and Council Member Billy Summers
NOES: None
ABSENT: None
ABSTAIN: None
Agenda Item #5.1.

Regular City Council
February 11, 2025
RECUSE: None

14. CITY COUNCIL REPORTS:

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

15. ADJOURNMENT
Mayor Dohring adjourned the meeting at 8:35 p.m.

APPROVED:
______________________________
Paul Jamison Dohring, Mayor
ATTEST:
_________________________
Erika Opp, Acting City Clerk
Agenda Item #5.1.

MINUTES
City of St. Helena
Special City Council Meeting
Tuesday, February 11, 2025 @ 5:00 PM
Vintage Hall - Wellness Center - First 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, Council Member Billy Summers, Council Member Aaron Barak, Council Member Kate Spadarotto, and Vice Mayor Michelle Deasy

Absent:

1. CALL TO ORDER

2. ROLL CALL

3. ADOPTION OF THE AGENDA

3.1 Vice Mayor Michelle Deasy moved to adopt the agenda. The motion was seconded by Council Member Kate Spadarotto and on roll call carried by the following vote:

AYES: Mayor Paul Dohring, Council Member Aaron Barak, Council Member Kate Spadarotto, and Vice Mayor Michelle Deasy
NOES: None
ABSENT: Council Member Billy Summers
ABSTAIN: None
RECUSE: None

4. PUBLIC COMMENT:

No public comment was received.

5. NEW BUSINESS:

5.1 Applicant interviews for the Library Board of Trustees and Water/Wastewater Advisory Committee
The applicants for the Library Board of Trustees:

1. Juana Navarro
The applicants for the Water/Wastewater Advisory Committee:

Agenda Item #5.1.

Special City Council
February 11, 2025

1. Jay Kouba

2. Carl Myers

3. Brent Randol

4. Garry Rose

5. Mario Trinchero

6. Peter White
The Council interviewed Juana Navarro for the Library Board of Trustees followed by interviewing Jay Kouba, Brent Randol, Garry Rose, Mario Trinchero and Peter White for the Water/Wastewater Advisory Committee.

6. ADJOURNMENT
Mayor Dohring adjourned the meeting at 5:45 p.m.

APPROVED:
______________________________
Paul Jamison Dohring, Mayor
ATTEST:
_________________________
Erika Opp, Acting City Clerk
Agenda Item #5.1.

Citizens of St Helena, St Helena City Council, St Helena Planning Commission, While working on a project I discovered that a critical section of Municipal Code had been altered after its approval by City Council in Oct 2023. It was not published until 1 Oct 2024. A timeline of events has been attached. I asked members of city staff how that occurred. Instead of answering the question the choice was made by the Planning Director and City Manager to coordinate a fabricated smear campaign. It is clear that effort was undertaken to sidestep the serious obligation to answer the reasonable question that pointed to improper activities that city management chose to embark upon. To be most clear, I can assure you the result of that smear has been personally and professionally excruciating. However, it will not succeed in eliminating the city’s responsibility or accountability.

It is in NO WAY what I believe my city should accept as a proper way for city management to conduct business. However, I believe this case illustrates a critical flaw in both the culture and understanding of the roles of city management, but also inescapably the city council in their role of taking the responsibility to oversee, shape and correct (when needed) actions and activities undertaken by city management. I believe these habitual conducts and culture are holding this city back. I believe these are CORRECTABLE conditions. I have no doubt those can be challenging tasks. I also have no doubt that WE as a city will not thrive until WE undertake that required effort.

I asked this very simple question on 17 October 2024 in the course of normal business:
“Can you clarify and illustrate how and when that material change (the word “uncovered”) was inserted AFTER code was legally approved?”
To be most concise here is the crux of this issue:

From approved code draft (approved by City Council first and second reading See 10 Oct 2023 and 24 Oct 2023 CC meeting minutes) : See section 5. iv. “A balcony, porch, deck, or other structure that is unenclosed on at least three sides” From now published Municipal Code (published 1 Oct 2024): See section 5.iv. “An uncovered balcony, porch, deck, or other structure that is unenclosed on at least three sides” (note critical and MATERIAL Insertion of the word “UNCOVERED”. This alteration has far reaching consequences. I will welcome the opportunity to discuss and debate at an appropriate future agenda item when it comes to pass in proper course.

Agenda Item #6.1.

I have no power. I am calling upon and pleading to my city council to appropriately intervene. I am calling upon the citizens of St Helena to express to their representatives that they believe that altering and replacing the legally approved resolution behind closed doors and without correct and legal notice and public discussion is an activity that matters to them. Reckless vendettas and retributions, spreading false accusations and making false police reports by city management designed to intimidate a citizen going about his trade is not the way I believe the city of St Helena should be run. I am alerting St Helena citizens that now published (altered) code now counts porches toward their allowed square footage. I am alerting them that now published (altered) code has thrown many of their homes into non conformance and their assumed ability to expand has been sneakily curtailed without consent or consideration. I am calling on the city manager and the planning director to reverse their vendetta, take responsibility for the deeds they have chosen to undertake, and do what they should to correct them. I am putting light on the fact that we (as citizens) are paying for the city attorney who is being directed by staff to produce specious dodges instead of putting the energy and resources into correcting a critical error in judgement and conduct.

I know I am not the only one some version of this game plan has been applied. But in what manner is it serving our city?…And who is next? What is the true cost? Who asks the next awkward question? What retribution awaits them? Enough is enough.

Meanwhile my clients project and my livelihood is being held hostage. PLEASE do something… Sincerely,
Daniel Hale 1851 Madrona Avenue St Helena CA 94574
Agenda Item #6.1.

Timeline/outline events relating to 1443 Madrona project 4 prelim meetings with Planner Aaron Hecock up to the beginning of September 2024 Had worked through any issues and all seemed in conformance…All set to submit/ no issues 9 Sept 2024 Planner Hecock leaves City employment just as Design Review package is submitted (9 Sept) pay fee of $7100 (expected to cover through Planning Commission hearing and if not used up will receive refund) All goes on hold waiting for interim planner
Check in with Xinia Gamero on expectation to relay to client when project may get back in the queue and on PC calendar. I meet Planner Galbraith in office and I “welcome to the team and look forward to working with you.” 2 Oct 2024 Meet with Planner Galbraith
Tour project site and meet in office at City Hall to present and discuss plan Wait for comments/issues letter
11 Oct 2024 The Issues letter from Galbraith (11 Oct 2024) presents alternate interpretation to Planner Hecock on several material points: building setbacks/heights garage connected/definition of cupola and also make discovery of improperly (after code approval) “inserted” language in relation to porches (“uncovered” porches) Changed interpretations and applications of code will require revision of plans. 17 October 2024, I Meet with planner Galbraith to walk through areas of concern in issues letter. He and I were the only ones present in this meeting.
17 Oct 2024 request detail on anatomy of code change(s) from both planner Galbraith and cc’d Maya DeRosa 18 October 2024 Meet again with planner Galbraith on Friday, 18 October 2024.

I called Planner Galbraith (as call logs demonstrate) requested to come by and show him 3 alt approaches before I offer solution to clients after city has already assured conformance. He invites me to City Hall and he assures me all 3 are viable options. He also volunteered that he had checked the record and that “yes code was in fact changed but said that M DeRosa assured him that she would answer that “query”…. That has yet to occur I see M DeRosa at the COSH booth at SH Harvest festival and I pleasantly reiterate to M DeRosa the importance to please follow up on clarity on code change question. Her response was “I am not here to talk shop” (M. DeRosa) (while in COSH booth). City manager Comelo pulls M DeRosa to back of tent and they whisper…I leave the area. 22 Oct 2024 I find out that Planner Galbraith has quit (I believe on Tuesday 22 Oct 2024) 22 Oct 2024 I receive telephone call from Officer Randal Stephenson inquiring about an “incident” on the previous Thursday. I say “what incident”….. he comes to my house and informs me a report has been made that I had threatened Planner Galbraith. I inform him that is completely false and and that it did not happen I threatened no person and also that I met with Planner Galbraith the next day (18 Oct 2024) when he invited me to City hall offices where we had another cordial meeting to talk about the project. Officer Stephenson says…”well If I thought it was real I would have contacted you right after I got the report”. He was also surprised to hear that I had met again with Galbraith and he said “So clearly he wasn’t feeling threatened.” There was absolutely no evidence that he felt threatened in our meeting. and there was no one else present at any of our meetings. Officer Stephenson also clarified that he had not yet spoken to Planner Galbraith and that he was not the one who had filed the complaint.

He would not say who did.
23 Oct 2024 some combination of M DeRosa and Anil Comelo send out false and slanderous letter to members of St Helena City Council and also the city attorney in an attempt to create a fabricated narrative and deflect from City obligation to answer a legitimately asked and critical code change question and also effectively nullify my ability to conduct business in SH. In what jurisdiction is it appropriate procedure or due process to send such a letter Agenda Item #6.1.

personally attacking the character of a private citizen after Police have determined the “incident”: did not occur? I asked for and retained a copy of the police report and it is blank. I have not been able to get any notes on the reported “incident” and have seen no evidence that Planner Galbraith expressed that I had threatened him. None of our interactions nor the record reflect any hostility or disrespect.

Project again stalls awaiting third assignment to a planner. 6 Dec 2024 As I continue to have no answer(and cannot operate my legal trade) to question on changed code language. Having received no answer I retain Attorney Farella Braun and Martel (make no mistake at certain cost) to ask Code language change question on my behalf
Again receive no response from City (updated see now 3 Feb 2025 letter from City Atty) 10 Dec 2024 Project assigned to Planner Alchin with M Group in Santa Rosa Wait for a second issues letter from planner Alchin.
12 Dec 2024 We schedule and have a zoom meeting 12 Dec 2024 and go over a (now 3rd) interpretation/application of code. Changed interpretations and applications of code will require revision of plans. 8 Jan 2025 Follow up meeting have recalibrated plan and she has confirmed (verbally) we are now in complete conformance but project is again stalled as city is demanding I must now pay additional fees $8000 to cover extra required submissions. These extra submissions are due to the City changing planners and with each planner interpretation and application of the code to include the improper changing of code from the approved draft document and have cost me and my client much in both time and resources.

I have informed Planner Alchin and M DeRosa of my concerns of the appropriateness of requiring additional fees and have asked to discuss my concerns but have received no response. 3 Feb 2025 receive response from City Atty confirming that code language was improperly changed sometime between code draft 10 Oct 2023/24 Oct 2023 was approved and code was published 1 Oct 2024 To be clear planner Hecock, planner Galbraith and planner Alchin have been a pleasure to engage with.

I have compiled the record of all these events should you wish to see any of them.

Please call text or email with any questions
Daniel Hale
1851 Madrona Avenue St Helena CA 94574
7072274322
Agenda Item #6.1.

From: Daniel Hale
To: Public Comment; Xinia Gamero; Erika Opp
Subject: [External] Public comment for City Council meeting 25 Feb 2025 Date: Tuesday, February 25, 2025 3:48:41 PM
Attachments: Advanced Funding Agreement-1443 Madrona.pdf Erica, Xinia,
Please include as public comment for this evenings City Council meeting in the initial open public comment section. Please call text or email with any questions.

Thank you,
Daniel
St Helena City Council, St Helena Planning Commission, Citizens of St Helena, On 13 Jan I received the following 6 page legal agreement and demand for an additional $8000.00 +. This document was created by city staff in relation to my clients project. I have repeatedly contested the appropriateness of requiring additional fees as I am now working with my third City planner on the project…each interpreting and applying code in varied manners that have required additional changes and revisions. Those required revisions were set run motion by varied implementation of code by revolving staff and included revisions to accommodate the (now confirmed improperly) altered code. Upon submitting the project the applicant paid a fee of $7100 that represented would bring the project to the close of its design review hearing.

I cannot recommend to my client to pay any additional fees, nor to sign this bespoke and particularly burdensome and open ended agreement. According to this agreement the additional fees could be applied to the charges for the City attorney to create this document, as well as to cover the cost of answering the very simple question about the improper alteration of official municipal code by City staff. Fees could be applied to whatever else City staff sees fit and also releases them from being held accountable for any (varied) interpretations and applications of code it has and could in the future do.

I have been repeatedly ignored regarding contesting the demand for additional fees. I only received a promise to respond after the City attorney finally admitted that City staff in fact did improperly alter municipal code on 3 Feb 2025 (the question was asked to city staff on 17 Oct 2024). The promise to meet to discuss has yet to occur.

My project is essentially dead in the water and being held hostage demanding open ended additional fees that I do not believe are reasonably due, yet city staff will not reply to my request to discuss. My client is naturally beyond frustrated. Again I ask what is a citizen to do when they get no answers by the planning director nor City manager? Call text or email with any questions.

Thank you.

Agenda Item #6.1.

Daniel Hale
1851 Madrona Avenue
St helena CA 94574
Daniel Hale
PO Box 644
Saint Helena, CA 94574
707.227.4322
www.danielmhale.com
danielhale (INSTAGRAM)
Agenda Item #6.1.

83578.00008\32945300.1

AGREEMENT FOR ADVANCE OF FUNDS
THIS AGREEMENT FOR ADVANCE OF FUNDS (“Agreement”) is between Dan Hale, (“Applicant”) and the City of St. Helena, a municipal corporation of the State of California (“City”), each of whom is a “party” and together are the “parties.” This Agreement is effective on the date that an application for a land use entitlement is accepted for processing by the City. (For purposes of this Agreement, the term “Applicant” includes (a) the property owner, and/or (b) any authorized agent of the property owner for whose property the entitlement is sought.) THIS AGREEMENT is made with reference to the following facts, among others:

A. The application pertains to that certain real property commonly identified as Assessor's Parcel(s) No. 009-270-044, with a street address of 1443 Madrona Avenue (the “Property”).

B. Applicant has filed, and the City, through its Community Development Department, has accepted for processing, an application for a land use entitlement for the Property. The Application number is PL24-054.

C. The City requires an applicant for a land use entitlement to pay all costs associated with the processing of an application.

D. Applicant agrees to pay such costs as herein provided.

NOW, THEREFORE, APPLICANT AND CITY AGREE AS FOLLOWS:

1. Applicant agrees to pay the City all costs incurred, both direct and indirect, including Statemandated costs, associated with the review and processing of the Application for a land use entitlement with respect to the property. This obligation applies even if the Application is withdrawn or is not approved.

2. To pay such costs, Applicant hereby agrees to advance to City the sum of eight thousand dollars ($8000) (the “Funds”), which Funds shall be used to reimburse the City for costs incurred in processing the Application submitted by Applicant in connection with the scope of work described in “Exhibit A”, attached hereto and incorporated herein by this reference.

3. The advance of Funds shall be made to the City upon execution of this Agreement.

4. The Funds shall be used, in the sole discretion of the City, to fund or aid in the funding of certain services, supplies, and other costs incurred by the City in processing Applicant’s application(s). It is understood and agreed that Applicant intends to advance the Funds to the City, and not to any officer or employee of the City. The funds are not limited to the use of any individual of the City, but are generally available for use by the City in processing Applicant’s application, without regard to the official status of the employee(s) dealing with said Funds.

5. Applicant fully understands and agrees to each of the following:

Agenda Item #6.1.

83578.00008\32945300.1

a. Subject to the sole limitation of paragraph 3 of this Agreement, the City, in the exercise of the sole discretion of its officials, agents, or employees, shall decide how the Funds are spent and whether all or a portion of the Funds shall remain unspent. The City makes no promise, representation, or warranty, express or implied that the Funds will be used in any particular manner, except that the Funds shall be used in connection with the processing of the Applicant’s application(s).
b. The application, the factual information gathered in processing the same, and planning or recommendations resulting therefrom (herein “the work product”) shall be unconditionally the property of the City, within its full ownership and control. Applicant shall have no property right of any nature in the work product. The City shall not be required, nor shall the City have a duty, except as may be required by law, to produce the work product for inspection by Developer, nor to account for the work product to Developer.
c. The City shall consult with the Applicant regarding the selection and/or hiring of the consultant or the employee. The City shall retain final discretion as to the selection, hiring, assignment, supervision, and evaluation of any and all employees, contractors, or consultants that may be necessary to assist the City in completing the application process. d. Applicant shall not directly or indirectly exercise supervision or control over any employee, agent, or consultant of the City engaged in the Project. Applicant and its agents or representatives may, however, provide information to the City or any employee, agent, or consultant of the City with respect to the Project.
e. Applicant acknowledges that the Funds paid herewith may not be adequate to fully reimburse the City for costs incurred in connection with the application process, and that periodically, as the need arises, Applicant may be called upon to make further payments. The Applicant agrees that there shall always remain on deposit with the City a minimum of One Thousand Dollars ($1,000.00) to cover anticipated costs to be incurred in the processing of the application(s). In the event, for any reason, the City’s request for further funds from Applicant is not fully satisfied, the City reserves the right to cease processing of the application(s) and to cancel same.
f. Applicant hereby represents and warrants that the Funds offered and accepted by the City under the terms of this Agreement are unencumbered and that their advance in no way violates the right of, nor is it subject to any claim of, any person.

6. If, after completion of the application process, any portion of the Funds has not been expended or committed for expenditure, the City shall return to Applicant such unexpended or uncommitted amount in the form of a check within sixty (60) days of the City’s final action on the Application.

7. Each party acknowledges that this Agreement sets forth all covenants, promises, conditions and understandings between the parties regarding the advance of Funds and the uses thereof, and there are no promises, conditions, or understandings either oral or in writing between the parties other than as set forth herein. No subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the parties unless reduced to writing and signed by them.

8. The person(s) signing this Agreement shall state that he/she/it/they have the legal authority to do so.

Agenda Item #6.1.

83578.00008\32945300.1

9. The term “costs” includes all items within the scope of the City’s adopted Master Fee Schedule, as well as the cost of retaining professional consultants to prepare environmental documentation, provide planning, engineering, building inspection, and legal services, and to perform other functions related to review and processing of the application.

10. Applicant understands that he/she/it is entitled to a refund of any deposit only to the extent the amount on deposit exceeds the amount due the City under this Agreement. No reimbursement will be made for services already rendered if the Application is withdrawn.

11. Only when a determination on the Application becomes final, and all staff work is complete, will Applicant receive a refund, if any funds remain.

12. The City agrees to review and process the Application in accordance with this Agreement and all applicable laws, regulations, ordinances, standards, and policies. Applicant understands that if a request for a deposit is outstanding, the Application will not be processed further until the deposit is made.

13. Applicant understands and agrees that no City official, employee, or agent can make any promise or representation concerning the outcome of the Application. Only official action on the Application constitutes approval or disapproval thereof. If any promise or representation is made regarding the outcome of the Application by any official, employee, or agent of the City, such promise and/or representation shall be of no force or effect.

14. In the event any claim, action, or proceeding is instituted against the City, and/or its officers, agents, and employees, by any third party on account of the processing or approval of the Application, Applicant shall defend, indemnify, and hold harmless the City, and/or its officers, agents, and employees.

This obligation includes, but is not limited to, the payment of all costs of defense, any amounts awarded by the Court by way of damages or otherwise, including any attorney fees and court costs. City may elect to participate in such litigation at its sole discretion. As an alternative to defending any such action, Applicant may request the City rescind any approved land use entitlement. The City will promptly notify Applicant of any claim, action, or proceeding, and will cooperate fully in the defense thereof.

15. The Agreement is valid only when first signed by the property owner, and/or by any agent or representative of the owner, and then signed by the authorized City official.

16. The property owner expressly agrees that any unpaid amounts due the City under this Agreement shall become a lien against the property and expressly authorizes the City to record a notice of lien and/or a copy of this Agreement with the County Recorder of Napa County.

17. This Agreement shall be a public record of the City.

Name of Property Owner: ____________________________________________(please print) Title: ___________________________________Telephone: _________________________ Email ____________________________Address: __________________________________ ___________________________________________________________________________ _____________________________________________________Date: __________________ Signature of Property Owner
And/Or,
Agenda Item #6.1.

83578.00008\32945300.1

Name of Applicant if different than the Owner:
________________________________________ (Please Print) Title: ___________________________________Telephone: ____________________________ Email ____________________________Address: ____________________________________ _____________________________________________________________________________ ______________________________________________________________________________ Signature of Applicant if different than Owner
Person that will receive billing invoices
(Please Print)
__ Property Owner __ Applicant
Name __________________________ Name: ___________________________ Address _________________________ Address __________________________ ________________________________ _________________________________ ________________________________ _________________________________ Email ___________________________ Email ____________________________ Person that shall receive any refund of monies paid:
__ Property Owner __ Applicant
Name __________________________ Name: ___________________________ Address _________________________ Address __________________________ ________________________________ _________________________________ ________________________________ _________________________________ Email ___________________________ Email ____________________________ Agenda Item #6.1.

83578.00008\32945300.1

CITY OF ST HELENA
Dated: _________________________ By: _____________________________________ ATTEST
_______________________________________
Agenda Item #6.1.

83578.00008\32945300.1

EXHIBIT A
Project Description
The project application requests demolition of an existing single family residence and Design Review approval to construct a new single family residence at the property located at 1443 Madrona Avenue.

Agenda Item #6.1.

City of St. Helena
AMERICAN RED CROSS MONTH, 2025
A Proclamation
Whereas, This March, we celebrate American Red Cross Month by recognizing the compassionate acts of people in St. Helena and by renewing our commitment to lend a helping hand to our neighbors in need.

Whereas, Since Clara Barton founded the American Red Cross almost 150 years ago, generation after generation has stepped up to deliver relief and care across our country and around the world.

Whereas, The volunteers, blood and platelet donors, and financial supporters who now give back through the Sonoma/Napa Disaster Response Area of the American Red Cross remain unwavering in their commitment to prevent and alleviate human suffering in the face of today’s emergencies.

Whereas, These voluntary and generous contributions shine a beacon of hope in people’s darkest hours — whether it’s delivering shelter, food and comfort during disasters; providing critical blood donations for hospital patients; supporting service members, veterans and their families; saving lives with first aid, CPR, AED and other skills; or delivering international aid and reconnecting loved ones separated by global crises.

Whereas, This work to uplift our community is truly made possible by those who selflessly answer the call to help, whenever and wherever it’s needed. We hereby recognize the month of March in honor of their remarkable service, and we ask everyone to join in their commitment to care for one another.

NOW, THEREFORE, I, Paul Jamison Dohring, Mayor of the City St. Helena, along with the St. Helena City Council, and by virtue of the authority vested in me by the laws of St.

Helena and the State of California, do hereby proclaim March 2025 as Red Cross Month. We encourage all citizens of St. Helena to reach out and support its humanitarian mission.

IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of February, in the year two thousand twenty-five.
____________________________
Paul Jamison Dohring, Mayor
City of St. Helena
Agenda Item #8.1.

Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: February 25, 2025
FROM: Ian Dale, Environmental Services Tech
SUBJECT: January 2025 Review and Forecasting of City Water Supply Availability.

RECOMMENDED
ACTION:

Receive and file.

PREVIOUS COUNCIL
ACTION:

Monthly Receive and File reports to City Council.

STATEMENT OF THE
PURPOSE:

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

FINANCIAL IMPACT: None.

BACKGROUND:

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

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

DISCUSSION:

In connection with City Council Goal 2, City staff has developed a forecasting tool to facilitate its ability to optimize water use and track water availability. Included as Attachment 1 is the Monthly Water Report for January 2025. The water produced for January 2025 is down by 41% when compared to January 2024 and is down by 23% compared to the average of January 2018-2020. Below is a chart summarizing the water produced per source:

Agenda Item #10.1.

Water Produced per Source
Source
Average (2018 -
2020)
(Acre-Feet)
January 2024
(Acre-Feet)
January 2025
(Acre-Feet)
Bell Canyon 41 12.64 19.75
Stonebridge Wells 4 43.62 16.6
Napa Water 37 50.95 26.8
Total 82 107.21 63.15
 Percent change from January 2024: -41%
 Percent change from average of January 2018 - 2020: -23% Bell Canyon Reservoir
The City is no longer in water emergency conditions based upon the Phase I Water Emergency measures being terminated by City Council adopting Resolution No. 2023- 94 on July 25, 2023. Bell Canyon Reservoir has adequate water to support the City's needs through this calendar year. The storage in Bell Canyon graph (Attachment 2) has been revised to include historic reservoir supply levels since July 2021. It also shows the water availability forecast through June 2024 based on the highest water usage during a non-drought year (FY 2019/20) and 10 inches of rainfall (lowest recorded).

As of February 1, 2025, Bell Canyon Reservoir elevation was at 419.85 feet representing approximately 2,221.00 acre feet (AF) and 93.18% 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 February 1st in 2023, 2024, and 2025.

Year 2023 2024 2025
Bell Canyon Elevation Level 421.77 Ft. 422 Ft. 419.85 Ft.

Acre Feet 2,366.25 AF 2,383.69 AF 2,221.00 AF
Percent Capacity 99.3% 100% 93.18%
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 #10.1.

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 January 2025, Rutherford Pump Station was producing an average of 0.28 MG/day for a total of

26.8 acre feet (AF) for the month.

ENVIRONMENTAL REVIEW: Not applicable.

GOAL:

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

MWR January 1-31 2025
Attachment 2 - Bell Canyon Water Storage Forecast
Attachment 3 - Bell Canyon Reservoir Storage Phase I II Agenda Item #10.1.

CITY OF ST. HELENA

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

LOUIS STRALLA

WATER PLANT
TK #1 & #2
ADJUST

19.75 6.43 -0.14

31.5% -0.7%

20.57 MG MG
n/a MG MG
n/a MG MG

0.66 MG MG
% %
210.76 AF 29.5% 221.74 AF 25.4%

68.65 MG 72.23 MG
285.66 AF 40.0% 351.21 AF 40.2%

93.05 MG 114.40 MG
217.97 AF 30.5% 300.44 AF 34.4%

71.00 MG 97.86 MG
TOTAL WATER PRODUCED 714.39 AF 100.0% 873.39 AF 100.0%

DELIVERY (ALL)

0.00 0.00
419.85 FT. FT.
-2.39 FT. FT.
2221.00 AF AF

93.2 % %

1.08 IN IN

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

January 1-31, 2025

STONEBRIDGE

POTABLE
WELLS
SBW

IRRIGATION
WATER

NAPA WATER

THIS YEAR LAST YEAR
AMOUNT PRODUCED in AF 16.60 0.00 26.80
AMOUNT PRODUCED in MG 5.41 0.00 8.73
PERCENT 26.5% 42.7%

WATER PRODUCED DELIVERY (AGGREGATE)
TOTAL PRODUCED THIS PERIOD 34.92
MAXIMUM DAILY PRODUCED n/a
MINIMUM DAILY PRODUCED n/a
AVERAGE DAILY PRODUCED 1.12

WATER YEAR TOTALS

THIS FISCAL YEAR LAST FISCAL YEAR

LOUIS STRALLA WATER PLANT

NAPA WATER

STONEBRIDGE POTABLE WELLS

SBW IRRIGATION WATER
THIS MONTH THIS MONTH, LAST YR.

ELEVATION BELL CANYON RESERVOIR 422.00
STONEBRIDGE APARTMENTS MG/Jan. 1 -31 0.01 MG/Jan. 1-31

WATER ELEVATION, CAPACITY & RAINFALL

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

TEMPERATURES
MONTHLY RISE OR DROP 5.09
CAPACITY AT END OF PERIOD 2383.69
PERCENT OF FULL CAPACITY 100.0
RAINFALL IN THIS PERIOD 7.29
TOTAL RAINFALL SEASON TO DATE 14.95
THIS MONTH, THIS YEAR THIS MONTH, LAST YR.

DEGREES IN FAHRENHEIT 36.1-75.5 35.4-75.2
Updates will be provided if any errors are identified.

AVERAGE 55.8 55.3

REMARKS
City of Napa Water Delivery: RPS producing an average of 0.28 MG/day during January 2025.

Agenda Item #10.1.

Agenda Item #10.1.

Agenda Item #10.1.

Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: February 25, 2025
FROM: Lesley Milton, Deputy City Manager
SUBJECT: Approve Resolution Authorizing: Amendment #1 to STH Contract: FY2024-065 With Toole Design (TDG
Engineering Inc.) for Additional Services Related to Capital Improvement Project R24-01 Streets Master Plan for
$95,428 bringing the total not-to-exceed contract value of $325,374 paid for through Traffic Impact Fees; authorizing a budget increase of the same for the unbudgeted
expense.

RECOMMENDED
ACTION:

Staff recommends that the City Council approve the
attached Resolution.

PREVIOUS COUNCIL
ACTION:

On March 12, 2024, City Council adopted Resolution
2024-028 approving the original contract with Toole
Design (TDG Engineering Inc.) to complete Capital
Improvement Project R24-01 Streets Master Plan.

STATEMENT OF THE
PURPOSE:

Authorization of additional scope of work to inform the Streets Master plan by providing additional studies to
update the Citywide Synchro model and perform scenario
testing for proposed street extensions as delineated in the Circulation Element of the General Plan.

FINANCIAL IMPACT: The original contract was for $229,945.95 which included a 15% contingency that anticipated the need for further
detailed analysis. The additional analysis exceeded the 15% contingency amount by $95,428 for a total contract
amount of $325,374. The additional cost of $95,428 will be funded through Traffic Impact Fees where there is
sufficient funding to cover this expenditure.

BACKGROUND:

The original contract with Toole Design (TDG Engineering Inc.) for the Streets Master Plan (STH Contract: FY2024-065) was approved by the City Council on March 12, 2024 via Resolution No. 2024-028 for a total not-to-exceed amount of $229,945.95 which included a 15% contingency. The Streets Master Plan was initiated to incorporate complete and sustainable street approaches, while evaluating connectivity and synergy with the City’s transportation network to guide policy direction and investment toward improving circulation, public safety, and mobility for all users.

Agenda Item #10.2.

At the time of the General Plan development, updates to project circulation and the impacts of roadway improvements were not comprehensively addressed, leading to a shortfall in the General Plan update analysis, particularly concerning traffic flow and roadway extension impacts. To address this gap, Toole Design, in collaboration with Fehr & Peers who conducted several traffic studies as part of the General Plan Update, have proposed additional studies to update the Citywide Synchro model and perform scenario testing for proposed street extensions as envisioned in the General Plan.

These studies will provide critical data for prioritizing street extension projects and assessing their benefits, including potential impacts on emergency evacuations.

DISCUSSION:

The proposed amendment ensures the plan reflects current and future traffic conditions.

It includes updating the City’s traffic model, which helps analyze how vehicles move through streets and intersections. Additionally, it will test different street extension options proposed in the General Plan to understand their potential impact on traffic flow and citywide mobility.

The scope of the additional work includes:

1. Data Collection & Field Work: Fehr & Peers will conduct traffic counts at up to 25 intersections to capture post-COVID traffic conditions and verify operating conditions.

2. Existing Conditions Synchro Model Update: Updating the traffic model to reflect 2025 conditions and calibrating it based on field observations.

3. Roadway Extension Alternatives Analysis: Using General Plan forecasts to model future traffic volumes and evaluate the operational effects of proposed roadway projects.

4. Technical Memorandum: Summarizing data, methods, results, and recommendations.

5. Project Management: Coordination between Toole Design (TDG Engineering Inc.), Fehr & Peers, and City staff, including participation in public meetings.

Approving Amendment #1 will address critical gaps in the General Plan's traffic circulation analysis and ensure the Streets Master Plan is comprehensive and datadriven. This will aid in prioritizing infrastructure improvements and planning for future growth and emergency preparedness.

Additionally, this information will be instrumental in determining the full buildout scenarios associated with the Downtown Specific Plan alternatives.

ENVIRONMENTAL REVIEW: This is not a CEQA project.

GOAL:

Goal 2: Improve Infrastructure & Further Environmental Sustainability Goal 8: Implement Capital Improvement Plans (CIP) Projects Miscellaneous/Other Agenda Item #10.2.

DOCUMENTS ATTACHMENTS:

Resolution
Toole Design TDG Engineering Amendment No. 1 FY2024-0065 - PE Agenda Item #10.2.

CITY OF ST. HELENA
RESOLUTION NO. 2025-
APPROVAL OF A RESOLUTION AUTHORIZING AMENDMENT #1 TO STH CONTRACT:

FY2024-065 WITH TOOLE DESIGN (TDG ENGINEERING INC.) FOR ADDITIONAL SERVICES RELATED TO CAPITAL IMPROVEMENT PROJECT R24-01 STREETS MASTER PLAN FOR $95,428 FOR A TOTAL NOT-TO-EXCEED CONTRACT AMOUNT OF $325,374 AND AUTHORIZING A BUDGET INCREASE/TRANSFER OF THE SAME FROM FUND 740 THROUGH TRAFFIC IMPACT FEES

RECITALS
A. On March 12, 2024, City Council previously approved STH Contract: FY 2024-065 with Toole Design (TDG Engineering Inc.) for the Streets Master Plan for a total not-to-exceed amount of $229,946 (including a 15% contingency); and
B. The General Plan update analysis was missing critical information particularly concerning traffic flow and roadway extension impacts; and
C. Toole Design (TDG Engineering Inc.) has proposed to conduct additional traffic studies to update the Citywide Synchro model and perform testing for proposed street extensions as envisioned in the General Plan; and
D. These studies will address critical gaps in the General Plan’s traffic circulation analysis and will ensure the Streets Master Plan is comprehensive and data-driven; and
E. The additional scope of work will cost $95,428 for an increased notto-exceed contract amount of $325,374.

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

1. Authorizes a contract amendment with Toole Design (TDG Engineering Inc.) for SH2024-65 in the amount of $95,428 for a total not-to-exceed contract amount of $325,374.

2. Authorizes the City Manager to execute the contract amendment.

3. Authorizes a Budget increase/transfer. Funding is provided as follows:

Funding Details Fund GL Account Amount
Budget Increase Streets CIP 764-5014-3110 95,428
Agenda Item #10.2.

Budget Transfer From Traffic Impact
Fees 740-40-00-29-99 (95,428)
Budget Transfer To Streets CIP 764-39-98-00-00 95,428
Total FY25 95,428
Approved at a Regular Meeting of the St. Helena City Council on February 25, 2025, by the following vote:

Mayor Paul Dohring: _____
Vice Mayor Michelle Deasy: _____
Council Member Billy Summers: _____
Council Member Aaron Barak: _____
Council Member Kate Spadarotto: _____
APPROVED: ATTEST:
______________________ _____________________
Paul Jamison Dohring, Mayor City Clerk
Agenda Item #10.2.

Jessica Fields
Regional Operations Dir, Western U.S.

Agenda Item #10.2.

Agenda Item #10.2.

To: City of St. Helena, Joseph Leach and Lesley Milton
From: Anjulie Palta, Toole Design
Date: February 24, 2025
Project: St. Helena Streets Master Plan
Re: Task 7 Scope and Fee Amendment
This document outlines the revised scope and fee associated with the addition of a new task (Task 7) to update the Citywide Synchro model (developed by Fehr & Peers in the late 2010s as part of the General Plan update) and performing scenario tests for proposed street extensions envisioned in the General Plan and included as part of the overall proposed network in the Streets Master Plan. The following scope of work has been created to collect the necessary count data to update the existing conditions volumes in the network, to provide updated forecasts considering the street extensions, and operations analysis to assess the benefits of the extensions. Updated forecasts and operations analysis will serve as an additional data point in determining the prioritization of unique street extension projects as part of the overall Streets Master Plan network build-out.

This task will be led by Fehr & Peers. Toole Design staff will work with Fehr & Peers and the City to ensure task delivery and coordination with the Streets Master Plan. An optional task related to how the extensions could benefit emergency evacuations has also been added to the scope based on conversations with City staff.

TASK 7 OVERVIEW

7.1 Data Collection & Field Work
Fehr & Peers will collect two-hour weekday AM peak hour, two-hour weekday PM peak hour, and three-hour Saturday midday peak hour intersection turning movement counts at up to 25 intersections to establish an updated, post-COVID understanding of traffic throughout the City of St. Helena. It is intended that some of the original 27 intersections in the City Synchro model will not be updated as part of this process, in favor of other intersections that are more mission-critical to the analysis of roadway extensions (e.g., foregoing updates to the Spring Mountain Road corridor in favor of additional intersections on State Route 29 closer to proposed connections). It is also presumed that the Downtown Specific Plan counts would cover some of the required counts.

Fehr & Peers will conduct a site visit to confirm operating conditions such as congestion locations and queueing. Fehr & Peers will also request updated signal timing data from the City and/or Caltrans, as appropriate. Prior to executing this task, Fehr & Peers will communicate the intersection list and count times to Toole Design and City staff via email for one round of review and comment.

Agenda Item #10.2.

2 7.2 Existing Conditions Synchro Model Update
Fehr & Peers will use the data collected in Task 7.1 to update the Existing Conditions Synchro model to year 2025 conditions. Models will be produced for the weekday AM peak hour, weekday PM peak hour, and Saturday midday peak hour. Field observations will be used to confirm the appropriateness of the Level of Service (LOS) outputs; a minor calibration effort using available parameters in Synchro will be completed if it is determined that the Synchro model is underreporting delays and queues versus field observations.

Fehr & Peers will communicate the Existing Conditions LOS in tabular format for one round of Toole and City staff review.

Task 7.3 Roadway Extension Alternatives Analysis
Fehr & Peers will use the General Plan LOS analysis buildout forecasts as a basis for future year volumes. As an initial step, the traffic counts in Task 7.1 will be compared against the General Plan existing and future traffic volumes to confirm that the General Plan LOS analysis buildout forecasts remain appropriate. It is anticipated that the SolanoNapa Activity Based Model (SNABM) will only be used to determine shifts in traffic volumes throughout the City resulting from the proposed roadway/bridge projects; no new General Plan buildout (i.e., pre roadway extensions) traffic volume forecasts will be completed, except for minor forecasting at new study intersections. If new buildout forecasts are required, a scope amendment can be prepared, which could include incorporating the General Plan land use forecasts into the Plan Bay Area 2050 version of the SNABM.

The Solano-Napa Activity Based Model will be run for up to three roadway/bridge projects, and volume forecasts will be developed at the study intersections for the three scenarios.

The volume forecasts will be applied to the Synchro model, and LOS results will be output to determine the operational effects of the proposed roadway/bridge projects relative to General Plan goals and policies related to the operations of the circulation system. If new deficiencies are found, Fehr & Peers will identify hotspot improvement measures for addition into the description of the overall roadway/bridge project.

Task 7.4 Technical Memorandum
Fehr & Peers will prepare a draft technical memorandum summarizing the data, assumptions, methods, results and recommendations from Tasks 7.1-7.3. The draft of the memorandum will be submitted to City of St. Helena staff and Toole Design for one round of review and comment. Fehr & Peers will respond to one round of consolidated comments and prepare a final technical memorandum. This scope task assumes up to ten hours of staff time for responses to comments and to prepare the final technical memorandum.

Agenda Item #10.2.

3 Task 7.5 Project Management
Fehr & Peers will attend up to four conference calls with Toole Design and/or City Staff over the course of this scope of work. Fehr & Peers will also attend up to two evening public meetings associated with adoption of the Streets Plan. Toole Design will manage the development of work products and facilitate communication and collaboration between Fehr & Peers and the City of St.

Helena. This role includes participating in meetings and assisting in the management of logistics, as needed, related to Task 7 items.

Optional Task 7.6: Qualitative Review of Evacuation Implications and Funding Recommendations
Fehr & Peers will qualitatively review the effects of the proposed projects as they relate to emergency evacuations for St. Helena. Recommendations will be made for inclusion into future purpose and need statements for proposed projects, and recommendations for evacuation infrastructure funding will be made as part of this task. This qualitative review is not intended to serve as a full AB 747-compliant evacuation route viability analysis, nor is it intended to be used to inform CEQA findings. A full AB 747-compliant could be completed as part of a scope amendment, tiering from (1) the Citywide Synchro network, (2) the Calistoga EVAC+ evacuation network developed by Fehr & Peers, and (3) data from the Napa County Safety Element Update (developed by Fehr & Peers).

LEVEL OF EFFORT AND FEE
The total fee for Tasks 7.1-7.5 is $95,428. The standalone cost for Optional Task 7.6 is $9,590. If the terms are acceptable, please send us a contract for review.

Agenda Item #10.2.

Agenda Item #10.2.

Agenda Item #10.2.

Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: February 25, 2025
FROM: Carlos Uribe, Assistant Public Works Operations Manager, Lesley Milton, Deputy City Manager
SUBJECT: Approval of a resolution authorizing the purchase of a Compact Track Loader for a total cost of $73,312.18 from Bobcat of Santa Rosa for the Water Treatment Plant
Operations as budgeted in the approved in the FY 2024-25 adopted budget.

RECOMMENDED
ACTION:

Staff recommends authorizing the purchase of the Bobcat Compact Track Loader as presented.

PREVIOUS COUNCIL
ACTION:

Council Adopted Budget for FY 2024-25 included approval of funding for the proposed purchase.

STATEMENT OF THE
PURPOSE:

Approve the purchase of a Compact Track Loader to
complete tasks under the operational permit of the Water Treatment Plant.

FINANCIAL IMPACT: The total financial impact of the purchase is $73,312.18 which is available in the Council Adopted Budget for FY 2024-25 operational budget for the Water Treatment Plant Fund 561 for Capital Purchases.

BACKGROUND:

In compliance with the City's Operating Permit CA2810004 issued by the State Water Resources Control Board Division of Drinking water for the Louis Stralla Water Treatment Plant, staff performs periodic backwash operations of filters during the final stages of the water treatment process. The backwash process generates a combination of water and suspended particles that are diverted into two sediment basins where, over time, the solids settle. The resulting sludge that enters the basins must then be dredged mechanically using heavy equipment to remove the sediment. The sludge is transferred to a drying area adjacent to the basins, where it is left to dry before being hauled off to a landfill in 40-yard containers.

DISCUSSION:

Staff performs backwash operations as part of the routine water treatment process. The routine backwashing process fills the basins, creating the need to dredge the pond to ensure continued operations. Currently, equipment is rented to perform the routine dredging, with rental costs exceeding $5,000 per occurrence, with typical operations requiring 3-4 occurrences per year. Purchasing equipment allows staff to perform dredging more frequently thus amplifying the use of the sediment basins. This allows for material to be removed and dried and allows for a more constant removal of Agenda Item #10.3.

accumulated material. The track loader is a versatile piece of equipment that allows for other operations to occur, such as replacing a rented forklift, mowing for fuel abatement efforts around the plant, and general plant maintenance. It also allows for the movement of chemicals to locations where traction is an issue during inclement weather.

Staff has identified Bobcat of Santa Rosa as a Sourcewell-compliant vendor that can provide a T76 T4 Bobcat Track Loader for a total cost of $73,312.18, which includes delivery and taxes. Sourcewell is a cooperative purchasing program that manages solicitation requirements and offers members easy access to an established network of awarded contracts. It combines the buying power of more than 50,000 government, education, and nonprofit organizations to save agencies time and money. The City's purchasing policy allows for purchasing through Sourcewell-compliant vendors in lieu of competitive bidding.

Staff included the purchase of this equipment into the Fiscal Year 2024-25 budget for Capital Purchases and estimates the payback period to the City will be approximately

3.2 years, excluding staff time it takes to organize and pick up the current rented equipment.

ENVIRONMENTAL REVIEW: None.

GOAL:

Goal 1: Strengthen Financial Sustainability
Goal 3: Pursue Water Security & Sustainable Management of Water Resources Goal 5: Enhance Quality of Life
DOCUMENTS ATTACHMENTS:

Resolution
Comment and Review-Med. Const. 020223
Proof of Publication-Med. Const. 020223
Prop. Eval.-Med. Const. 020223
Prop. Opening Record-Med. Const. 020223
RFP and Addendums-Med. Const. 020223
Sourcewell 020223-CEC - Bobcat Pricing Information
Quote-ST HELENA, CITY - T76 7IN DISP - NC987599
Agenda Item #10.3.

CITY OF ST. HELENA
RESOLUTION NO. 2025-

APPROVAL OF A RESOLUTION AUTHORIZING THE PURCHASE OF A COMPACT TRACK LOADER FOR $73,312.00 FROM BOBCAT OF SANTA ROSA FOR THE WATER TREATMENT PLANT OPERATIONS.

RECITALS
A. Staff performs routine backwash operations of filters during the water treatment process in compliance with the operating permit of the Louis Stralla Water Treatment Plant; and
B. The routine backwash operations fills two sediment basins with sludge and requires the use of heavy equipment to dredge the basins to remove the sediment at a frequency of three to four times per season; and
C. Equipment for the dredging is currently rented at a cost exceeding $5,000 per dredging occurrence; and
D. Staff has identified Bobcat of Santa Rosa as a Sourcewellcompliant vendor that can provide a T76 T4 Bobcat Track Loader for a total cost of $73,312.00, including delivery and taxes; and E. The City’s purchasing policy allows for purchasing through Sourcewell-compliant vendors in lieu of competitive bidding; and F. The purchase of the Bobcat Track Loader will enable more frequent dredging and will support other operations, such as mowing for fuel abatement, moving chemicals in inclement weather, general plant upkeep, and potentially replacing a rented forklift.

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

1. Authorizes the purchase of a Compact Track Loader for $73, 312.00 from Bobcat of Santa Rosa.

2. Authorize the purchase to be funded from Account 561-50-34-26- 30 3. Authorizes the City Manager to execute any necessary purchasing agreements.

Agenda Item #10.3.

Approved at a Regular Meeting of the St. Helena City Council on February 25, 2025, by the following vote:

Mayor Paul Dohring: _____
Vice Mayor Michelle Deasy: _____
Council Member Billy Summers: _____
Council Member Aaron Barak: _____
Council Member Kate Spadarotto: _____
APPROVED: ATTEST:
______________________ _____________________
Paul Jamison Dohring, Mayor Erika Opp, Interim City Clerk Agenda Item #10.3.

COMMENT AND REVIEW
to the
REQUEST FOR PROPOSAL (RFP) #020223
Entitled
Medium Duty and Compact Construction Equipment with Related Attachments The following advertisement was placed December 6, 2022 in USA Today, in South Carolina’s The State, and on the Sourcewell website www.sourcewell-mn.gov, Sourcewell Procurement Portal https://proportal.sourcewellmn.gov, Biddingo, Merx, The New York State Contract Reporter www.nyscr.ny.gov, PublicPurchase.com, December 7, 2022 in Oregon’s Daily Journal of Commerce, and on December 6 and December 13, 2022 in The Oklahoman:

Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting proposals for Medium Duty and Compact Construction Equipment with Related Attachments to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [https://proportal.sourcewellmn.gov]. Only proposals submitted through the Sourcewell Procurement Portal will be considered.

Proposals are due no later than February 2, 2023, at 4:30 p.m. Central Time, and late proposals will not be considered.

The solicitation process was conducted through the Sourcewell Procurement Portal. The following parties expressed interest in the solicitation by registering for this opportunity within the portal:
2765268 Canada, Inc. JCB, Inc.

Acela, Inc. Kubota Tractor Corporation
Asphalt Care Equipment, Inc. LBX Company, LLC
AUSTIN LOGISTICS, LLC. LiuGong Construction Machinery North America, LLC Avant Tecno USA Manitou North America, Inc.

Best Equipment, Inc. MAZIO ATTACHMENTS, LLC
Buyers Products Company, Inc. Mecalac North America, LLC Caterpillar, Inc. Multiquip, Inc.

Certified Stainless Service, Inc. Nexpro Trucks & Equipment Corp.

Chery Equipment Group NWT & Nunavut Construction Association Clark Equipment Company Pettibone/Traverse Lift, LLC
Commonwealth Equipment Corp. Pure Air Wellness, LLC













 

Agenda Item #10.3.

Sourcewell Page 2 of 6
Construction Industry Center Regina Construction Association D HILL Construction, LLC Rental Men
DD DANNAR, LLC Sakai America, Inc.

Doosan Industrial Vehicle America Corp Skyjack, Inc.

Doosan Infracore North America Takeuchi Mfg. US, Ltd.

EASTERN EQUIPMENT SERVICES, LLC Tobroco Machinery, LLC
Eastern Farm Machinery, Ltd. Triple E Equipment, Inc.

First Green Industries, Inc. U.S. MARKETS, INC.

Gradall Industries, Inc. XCMG NORTH AMERICA CORPORATION Hyundai Construction Equipment Americas,
Inc.

All Proposals remained sealed within the Sourcewell Procurement Portal until the scheduled due date and time. Proposals were electronically opened, and the list of all Proposers was made publicly available on the Sourcewell Procurement Portal, on February 2, 2023, at 4:31:46 pm CT. Proposals were received from the following:

Acela, Inc.

Avant Tecno USA
Buyers Products Company, Inc.

Caterpillar, Inc.

Clark Equipment Company dba Bobcat Company

DD DANNAR, LLC
Doosan Infracore North America
First Green Industries, Inc.

Gradall Industries, Inc.

Hyundai Construction Equipment Americas, Inc.

JCB, Inc.

LiuGong Construction Machinery North America, LLC
Manitou North America, Inc.

MAZIO ATTACHMENTS, LLC
Mecalac North America, LLC
Nexpro Trucks & Equipment Corp.

Takeuchi Mfg. US, Ltd.

Tobroco Machinery, LLC
Triple E Equipment, Inc.

XCMG Canada Ltd.

Proposals were reviewed by the Proposal Evaluation Committee:

Kim Austin, MBA, CPPB, Procurement Lead Analyst
Nick Scholer, Procurement Analyst
Craig West, Procurement Analyst
Bill Davison, NIGP-CPP, CPPO, Procurement Analyst













 

Agenda Item #10.3.

Sourcewell Page 3 of 6
The findings of the Proposal Evaluation Committee are summarized as follows:

The Proposal Evaluation Committee applied the Sourcewell RFP evaluation criteria and determined that the products and services offered in the proposal response from Buyers Products Company, Inc. and Mazio Attachments LLC, fell outside of the Requested Equipment, Products, or Services of the RFP. All other proposals were found to meet the scope and mandatory submittal requirements and were evaluated.

Avant Tecno USA, offers a broad selection of equipment including wheeled tracked and backhoe loaders, mini excavators, telehandlers, soil compaction and site preparation equipment. To complement their equipment, they offer over 200 attachments. They have a dealer network across the United States and Canada ready to serve Sourcewell participating entities. Dealers provide equipment maintenance and operation training. Avant Tecno USA, offers a generous discount from list pricing.

Caterpillar Inc. manufactures a complete line of medium and compact construction equipment, attachments and services. Their sales and service forces, and large dealer network, are available to Sourcewell participating entities in the United States and Canada. Caterpillar is offering financing/leasing options, along with competitive discount ranges on machine and work tool list pricing.

Clark Equipment Company dba Bobcat Company offers a wide selection of skid steers, compact and mini track excavators, compact and mini loaders, compact tractors, utility work machines, utility vehicles and versa-handlers for sale, lease, and rental. Their Bobcat Machine IQ telematics solution delivers information to the Bobcat Owner Portal for the customer to access information on their machine by computer, phone, or tablet. They can sell and service Sourcewell participating entities across North America through their over 1,400 independent dealer locations. Bobcat also offers a competitive discount from catalog prices.

Gradall Industries, Inc. manufactures a telescopic boom excavator in a variety of models and configurations for site preparation. They have regional sales and service managers that cover the United States and Canada. Their broad dealer network can provide training and service to Sourcewell participating entities. Financing options are available through Gradall dealers along with competitive discounts off MSRP.

Hyundai Construction Equipment North America, Inc. provides compact excavators, crawler excavators, wheeled excavators, wheel loaders, skid steer loaders, and compact track loaders. Their Hi MATE telematics service improves equipment uptime, and their Hi DETECT service improves safety by detecting the machines surrounding environment and issues warnings to the operator. They have 69 United States and 16 Canadian dealers with 192 locations that are ready to provide sales and service to Sourcewell participating entities. Hyundai Construction Equipment North America, Inc. is offering a solid discount off their list price.

JCB, Inc is a manufacturer of wheel loaders, backhoe loaders, wheeled and tracked skid loaders, excavators, telehandlers, site dumpers and attachments. JCB Inc has an extensive sales and service force throughout the United States and Canada, including 350 dealer locations, ready to serve Sourcewell participating entities. They are offering tax-exempt municipal leasing programs and competitive discount ranges off list price.

LiuGong Construction Machinery North America, LLC offers a range of models for wheel loaders, mini excavators, soil compaction rollers, and an electric loader. Their 92 dealers, with 159 locations, can provide service and training to Sourcewell participating entities throughout the United States and Canada. They offer excellent discounts for base model equipment, to include parts and attachments. 












 

Agenda Item #10.3.

Sourcewell Page 4 of 6
Manitou North America, Inc. provides compact wheeled loaders, compact track loaders, articulated wheeled loaders, telescopic handlers, and numerous attachments. Their over 400 dealers in North America are ready to provide sales and service to all Sourcewell participating entities. Manitou also offers Connected Machines, their telematics system that allows owners, operators, and dealers to view machine usage, location, and error codes remotely on a computer, smart phone, or tablet. Manitou is providing a robust discount off their list price.

Tobroco Machinery LLC offers compact wheel loaders, ride-on and compact skid steers, and compact telehandlers.

They will also provide multiple electric versions of their wheel loaders. Their sales staff and independent dealer network is available to Sourcewell participating entities in the United States and Canada. Tobroco is offering strong discounts off MSRP.

XCMG Canada Ltd. manufactures a substantial offering wheeled tracked and backhoe loaders, mini excavators, telehandlers, soil compaction and site preparation equipment. Where applicable XCMG will provide alternative power options on certain wheel loader models. They will support participating entities across the United States and Canada through an extensive dealer network. XCMG offers competitive pricing and discounts.

For these reasons, the Sourcewell Proposal Evaluation Committee recommends award of Sourcewell Contract #020223 to:

Avant Tecno USA #020223-AVT
Caterpillar Inc. #020223-CAT
Clark Equipment Company dba Bobcat Company #020223-CEC
Gradall Industries, Inc. #020223-GRD
Hyundai Construction Equipment North America, Inc. #020223-HCE JCB, Inc #020223-JCB
LiuGong Construction Machinery North America, LLC #020223-LIU Manitou North America, Inc. #020223-MAI
Tobroco Machinery LLC #020223-TBO
XCMG Canada Ltd. #020223-XCM
The preceding recommendations were approved on April 5, 2023. __________________________________________
Kim Austin, MBA, CPPB, Procurement Lead Analyst
__________________________________________
Nick Scholer, Procurement Analyst













 

Agenda Item #10.3.

Sourcewell Page 5 of 6
__________________________________________
Craig West, Procurement Analyst
__________________________________________
Bill Davison, NIGP-CPP, CPPO, Procurement Analyst














 

Agenda Item #10.3.

Sourcewell Page 6 of 6

STATEMENT OF COMPLIANCE
As Chief Procurement Officer for Sourcewell, I have reviewed the recommendation of the Evaluation Committee and the accompanying support materials documenting the process followed for RFP #020223 for Medium Duty and Compact Construction Equipment with Related Attachments.

The committee accepted, deemed responsive, evaluated, and recommended proposals for award. Under authority granted to the Chief Procurement Officer in Sourcewell’s bylaws, the recommendations set forth above are approved.

I hereby certify:

1. Sourcewell is a government agency, created and authorized by Minnesota law to provide cooperative procurement contracts.

2. The procurement process and resulting contracts have been awarded in compliance with the laws of the State of Minnesota (Minnesota Statutes Chapter 471 and Minnesota Statutes Section 123A.21), and in conformity to Sourcewell’s Procurement Policy.
__
Jeremy Schwartz, CSSBB, CPPO, NIGP-CPP
Chief Procurement Officer













 

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Agenda Item #10.3.

AFFIDAVIT OF PUBLICATION
STATE OF OREGON, COUNTY OF MULTNOMAH--ss.

I, Michelle Ropp , being first duly sworn, depose and say that I am a Principal Clerk of the Daily Journal of Commerce , a newspaper of general circulation in the counties of CLACKAMAS, MULTNOMAH, and WASHINGTON as defined by ORS 193.010 and 193.020; published at Portland in the aforesaid County and State; that I know from my personal knowledge that the Goods and Services notice described as
11 NE Martin Luther King Jr. Blvd. Suite 201 / Portland, OR 97232-3579 (503) 226-1311
Sourcewell; Bid Location Staples, MN, Todd County; Due 02/02/2023 at 04:30 PM

MEDIUM DUTY AND COMPACT CONSTRUCTION EQUIPMENT WITH RELATED ATTACHMENTS Case Number: NOT PROVIDED
a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for 1 time(s) in the following issues:
12/7/2022
Order No.:

Client Reference No:

Carol Jackson 12178468
Sourcewell
202 12th St NE
Staples, MN 56479-2438
Michelle Ropp

SIGNED OR ATTESTED BEFORE ME
ON THE 7th DAY OF December, 2022
Notary Public-State of Oregon
State of Oregon
County of Multnomah

SEE EXHIBIT A
Agenda Item #10.3.

EXHIBIT A Agenda Item #10.3.

Agenda Item #10.3.

AFFIDAVIT OF PUBLICATION
Account # Order Number Identification Order PO Amount Cols Depth 34474 354426 Print Legal Ad-IPL01005480 - IPL0100548 $132.13 1 18 L Attention: Carol Jackson

SOURCEWELL
PO BOX 219
STAPLES, MN 56479
State of South Carolina
County of Richland
I, Tara Pennington, makes oath that the
advertisment, was published in The State, a
newspaper published in the City of Columbia,
State and County aforesaid, in the issue(s) of
1 insertion(s) published on:
12/06/22
Tara Pennington
Sworn to and subscribed before me this 6th day
of December in the year of 2022
Notary Public in and for the state of Texas, residing in Dallas County
Errors- the liability of the publisher on account of errors in or omissions from any advertisement will in no way exceed the amount of the charge for the space occupied by the item in error, and then only for the first incorrect insertion.” Extra charge for lost or duplicate affidavits.

Legal document please do not destroy!
Agenda Item #10.3.

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Sourcewell, a State of Minnesota local government unit
and service cooperative, is requesting proposals for
Medium Duty and Compact Construction Equipment
with Related Attachments to result in a contracting
solution for use by its Participating Entities.

Sourcewell Participating Entities include thousands
of governmental, higher education, K-12 education,
nonprofit, tribal government, and other public agencies located in the United States and Canada.

A full copy of the Request for Proposals can be
found on the Sourcewell Procurement Portal
https://proportal.sourcewell-mn.gov.

Only proposals submitted through the Sourcewell
Procurement Portal will be considered.

Proposals are due no later than February 2, 2023, at 4:30pm Central Time, and late proposals will not be considered.

Deion Sanders stood in front of his
Colorado football team for the first time
on Sunday and delivered a 7-minute
sermon in a way that only he can, a
speech that referenced Louis Vuitton
luggage, his prominence on ESPN and a
theme he repeated over and over again:
“I’m comin’.”
Because it’s Coach Prime, and because it was videotaped and tweeted out for all the world to see, it has drawn a
spectrum of praise and criticism for how
directly he told a room full of young men
that many of them would not be there
next year.
“I’m coming to restore, to replace and
re-energize,” Sanders said in his speech.
“Some of y’all are salvageable. I’m not
going to lie, everybody that sit their butt
in a seat ain’t gonna have a seat when
we get back. But I’m coming. I started
and we gonna go dominate and we’re
going to work.”
The messenger might have been
atypical, but the message isn’t much
different from what most new coaches
deliver when they take over 1-11 teams,
much less at a program that has posted
15 losing records in the past 17 seasons.

Prime wasn’t hired for a slow and
steady rebuild; he wants to win now.

Welcome to college football in 2022.

For all the unique aspects Sanders
brings to the job, his riff on players entering the transfer portal if they weren’t good enough to make the cut was perhaps the most he’s ever sounded like every other college football coach.

Whatever coaching or chemistry issues caused Colorado to win just one game this season, Sanders knows why
he was hired: To bring in a lot of talent to
a program that didn’t have much of it.

There’s nothing wrong with the players
knowing it, too.

Is it one of the more unsavory aspects
of college sports? Perhaps.

Does it comport with the idealized
academic mission college presidents
and administrators like to brag about
when they tout the virtues of amateur
athletics? Absolutely not.

But is it the reality of trying to turn
around a perennial loser? You bet.
“We’ve got a few positions already
taken care of because I’m bringing my
luggage with me and it’s Louis (Vuitton),” Sanders told the players. “I’m coming. It ain’t gonna be no more of the
mess that these wonderful fans, the student body and some of your parents have put up with for probably two decades now. I’m coming. And when I get here, it’s going to change. So I want you
all to get ready. Go ahead and jump in
that portal and do whatever you’re going
to do, because the more of you jump in,
the more room you make.”
Not only was it a message to the players currently at Colorado, it was an invitation to the hundreds of players all over the country who entered the transfer portal Monday.

The Buffaloes are now open for business, and aside from a few positions where he’s already got big-time players
coming with him from Jackson State,
like his son Shedeur Sanders and cornerback Travis Hunter (i.e., the Louis Vuitton luggage), dozens of roster spots
are up for grabs. If there’s not room, Colorado will make room – if you’re a difference-maker.

It may be jarring for people to hear a
coach so blatantly tell a group of college
athletes that they should probably start
looking at their options, but that’s how
college sports has worked for a long,
long time. For decades, new coaches
have come into losing situations and
tried to determine who can play and
who can’t, who are the malcontents and
who are good teammates, who can help
you win and who should never have
been there in the first place.

That’s what coaches mean when
they talk about “changing the culture.”
The difference now is that can happen
almost overnight.

Buffaloes better brace themselves
Used to be that turning over a roster
of players took years of recruiting and
slowly building up a talent base that
would start to bear fruit by the time they
were juniors and seniors. Bringing in
transfers could help, but coaches
couldn’t rely on them too heavily because they had to sit out for a year under the old NCAA rules. And because of certain standards like the Academic Progress Rate, you could risk future scholarship losses or even postseason bans if you pushed too many players out the
door.

But since the COVID-19 pandemic,
pretty much everything has changed in
college sports. Players can jump from
one school to another without much
friction. The potential for players to earn
money through name, image and likeness deals means the non-traditional schools at least have a chance to compete for talent with the blue bloods. And because the transfer portal works both
ways, coaches won’t be criticized nearly
as much for encouraging players to find
another home.

Whether you like this new world or
not, that’s the game these days. And
Coach Prime is more than equipped to
play it.

Though it would be far too ambitious
to predict that Colorado will go from
laughingstock to contender in just one
year, odds are that Sanders will be able
to do enough work on the roster to at
least make the Buffaloes competitive
right away. And yes, part of that will be
telling some players who simply aren’t
Pac-12 level athletes that they’d be better off at a lower level. “I love everything about this institution – the academic prevalence, no crime, beautiful city, beautiful state,”
Sanders told the team. “We’ve never had
nothing (like this facility) to work out in.

Our (Jackson State) kids would go absolute crazy to be in the situation you are in. But you don’t respect it. I’m coming.

You don’t want it. I’m coming. Some of
y’all don’t even think you deserve it. I’m
coming. And usually when God sends
me to a place, he sends me to be a conduit of change.” Indeed, he’s coming. And Colorado is
in for a big, big change. The way he’ll do
it may be uncomfortable for some to
hear, but Sanders will rarely be more
honest and direct than he was in that
meeting.

A whole lot of players who wore Colorado uniforms last season will be elsewhere next fall; their scholarships filled by people who are bigger and faster and
more talented. But that doesn’t make
Sanders a bad guy. It just makes him a
college football coach in 2022.

Deion tells the truth in 1st meeting
Dan Wolken
Columnist

USA TODAY
Deion Sanders was introduced as the
new Colorado football coach on
Sunday. RON CHENOY/USA TODAY SPORTS
BOULDER, Colo. – New Colorado
head football coach Deion Sanders met
his new players for the first time Sunday
and told them exactly what he would do
to them.

It wasn’t nice. He said that some of
them would be replaced. He told them
they should get ready to find new teams
and take the transfer portal out of town.

He also said he would try to make
them quit.

And he did it all on camera, with a
video of it posted on YouTube later via
his son Deion Jr.
“Those of you that we don’t run off,
we’re going to try to make you quit,”
Sanders told his new team. “That’s what
our season is going to look like. I want
ones that don’t want to quit, that want
to be here, who want to work, who want
to win. … I don’t want to get in the game
and then find out I’ve got Jane, when all
offseason I had Tarzan.”
Colorado, a former national powerhouse, has had only two winning seasons since 2005 and finished 1-11 in 2022. But here is Sanders, the newly
hired celebrity coach, vowing to overhaul the program to change that – all while turning it into a reality TV show of
sorts to be shared online.

At one point in the team meeting
Sunday, Sanders laid down team rules –
no earrings, hats or hoodies in meetings. At another point, he told the Buffaloes that there “ain’t gonna be no more of the mess that these wonderful (Colorado) fans, the student body and some of your parents have put up with for
probably two decades now.”
“I’m coming,” Sanders told them.
“And when I get here, it’s gonna be
change. So I want you all to get ready to
go ahead and jump in that (transfer)
portal and do what whatever you’re
gonna get.”
It’s a formula he’s revealed after just
one day on the job – combining cameras, social media and an old-school coaching style for the new name-imageand-likeness era of college football (NIL).

After all, his nickname isn’t “Prime
Time” for nothing. Under the production
of his son, cameras follow around Sanders and others, capturing meetings and moments to be posted and spread on social media, for better or worse.

The goal is simple – to increase exposure for the program, attract top recruits and boost the fame of his players, helping them increase opportunities to earn money from their NILs, which was allowed for the first time last year in the NCAA.
“We know how to do social media,”
Sanders told his team.

Sanders then turned to his son with
the camera and asked him the best way
to increase their followings.
“Just post,” said his son, also known
as Bucky. “You’ve just got to post. …
You’ve got all eyes on you right now. …
Everybody want to know what y’all
about to do, who y’all are, what everything is.”
As the man with the camera and social media skills, Bucky Sanders also told the team what his job would be in
the meantime.
“I’m going to make y’all the most
famous people walking this planet,” he
said. “But you’ve got to win.”
Sanders the coach explained it in his
introductory news conference Sunday
at Colorado.
“I want you to get ready to start seeing cameras because we film documentaries,” he said.

It’s a carryover from his tenure at
Jackson State in Mississippi, where his
team went 12-0 this season and will be
part of a docuseries on Sanders that will
premier later this month on Amazon
Prime. Some of the show will show his
arrival at Colorado.
“The kids, they want exposure,”
Sanders said. “They want to be on television. They want the lights and the action, but they got to understand, the same thing that caused you to shine will
show your blemishes as well. So we’re
going to give them that. We’re going to
give them the followers. We’re going to
give them the attention. We’re going to
give them the support, and we need
each and every one of you, because the
caliber of players that we’re getting
ready to bring to you, they gonna want
something. But guess what, I’m going to
want something back. I’m not crazy
about the NILs, but I understand the
NILs. … I’d rather our kids be focused on
the NFL, and not just the NIL.”
Sanders also mentioned in the team
meeting that Bucky Sanders soon would
get help for his production efforts to
make it even bigger. “He’s been a oneman machine,” Sanders said of his son.

The show got a little tense Sunday.

Sanders kept telling the room full of
players that “I’m coming,” meaning he
was coming in to turn the program
around.
“There is not going to be any more
mediocrity, period,” he told them.
“I’m coming.”
He said he was going to coach his
Jackson State team in its final game
Dec. 17 – at the Celebration Bowl in Atlanta. Then he was coming back with new players to replace some of them. He
said his son, quarterback Shedeur, is
coming to Colorado from Jackson State.
“Yep, about 10 more of them coming,”
Sanders told the holdover players. “And
they dogs. And they gonna hunt. And
they gonna eat.”
He was blunt.
“We have a few positions already taken care of because I’m bringing my luggage with me, and it’s Louis (Vuitton, the luxury brand),” Sanders said.

The players looked at him in silence.

He even suggested they were spoiled,
telling them that Boulder was a beautiful city with a beautiful stadium and no crime. He compared it to Jackson State,
where his players had less.
“We’ve never had nothing of sort to
work out in and to train in,” he said to
the Colorado players. “Our kids would
go absolute crazy to be in the situation
that you in, but you don’t respect it. I’m
coming. You don’t want it. I’m coming.

Some of y’all don’t even think you deserve it. I’m coming. And usually when God sent me to a place, he sent me to a
place to be a conduit of change. I’m
coming.”
Colorado’s administration, fans and
alumni are glad he is.
“We needed somebody like him at
this program that could re-energize not
only our student-athletes, but our base
and our community and our state,” Rick
George, Colorado’s athletic director,
said Sunday. “I think he can do all of
that.”
First Colorado team meeting a tense reality show
Brent Schrotenboer

USA TODAY
Agenda Item #10.3.

Agenda Item #10.3.

Agenda Item #10.3.

Agenda Item #10.3.

Agenda Item #10.3.

Agenda Item #10.3.

Notice
Basic Information
Details
Dates
Contact Information
Pre-Bidding Events
Bid Submission Process
Estimated Contract Value (CAD) $800,000,000.00 (Not shown to suppliers) Reference Number 0000237271
Issuing Organization Sourcewell
Owner Organization
Solicitation Type RFP - Request for Proposal (Formal)
Solicitation Number 020223
Title Medium Duty and Compact Construction Equipment with Related Attachments Source ID PP.CO.USA.868485.C88455
Location All of Canada, All of Canada
Purchase Type Duration:4 years
Description Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting proposals for Medium Duty and Compact Construction Equipment with Related Attachments to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [https://proportal.sourcewell-mn.gov].

Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than February 2, 2023, at 4:30 p.m.

Central Time, and late proposals will not be considered.

Publication 2022/12/06 09:08:57 AM EST
Question Acceptance Deadline 2023/01/25 05:30:00 PM EST Questions are submitted online No
Bid Intent Not Available
Closing Date 2023/02/02 05:30:00 PM EST
Prebid Conference 2023/01/04 11:00:00 AM EST
Procurement Department
218-894-1930
[email protected]
Event Type Prebid Conference
Attendance Recommended
Event date 2023/01/04 11:00:00 AM EST
Location Online Conference
Event Note Login information will be emailed two business days prior to the event.

Bid Submission Type Electronic Bid Submission
Pricing In attached document
Pricing In attached document
Bid Documents List
Item Name Description Mandatory
Bid Documents Documents defining the proposal Yes
020223 - Medium Duty and Compact Construction Equipment ... 2022/12/06 09:09:09 AM EST Page 1 of 2
Agenda Item #10.3.

Categories
Selected Categories
GSIN Category (1)
G Goods
Goods
N38 Construction, Mining, Excavating And Highway Maintenance Equipment Construction, Mining, Excavating And Highway Maintenance Equipment N3800 CONSTRUCTION, MINING, EXCAVATING AND HIGHWAY MAINTENANCE EQUIPMENT Construction, mining, excavating and highway maintenance equipment MERX Category (1)
G Goods
Goods
G28 Special Purpose Vehicles
Special Purpose Vehicles
UNSPSC Category (1)
22000000 Building and Construction Machinery and Accessories 22100000 Heavy construction machinery and equipment
22101900 Building construction machinery and accessories 020223 - Medium Duty and Compact Construction Equipment ... 2022/12/06 09:09:09 AM EST Page 2 of 2
Agenda Item #10.3.

 



 


 

 




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Agenda Item #10.3.

Proposal Opening Record
Date of opening:February 2, 2023
Sourcewell posted Request for Proposal #020223, for the procurement of Medium Duty and Compact Construction Equipment with Related Attachments, on the Sourcewell Procurement Portal [proportal.sourcewellͲmn.gov] on Tuesday, December 6, 2022, and the solicitation remained in an open status within the portal until February 2, 2023, at 4:30 pm CT. The RFP required that all proposals be submitted through the Sourcewell Procurement Portal no later than 4:30 pm CT on February 2, 2023, the date and time specified in the Solicitation Schedule.

The undersigned certify that all responses received on Request for Proposal #020223 were submitted through the Sourcewell Procurement Portal, and that each Proposer’s response material was digitally sealed upon submission and remained inaccessible until the due date and time specified in the Solicitation Schedule.

Responses were received from the following:

Acela, Inc.ͲSubmitted 2/02/23 at 12:35:44 PM
Avant Tecno USAͲSubmitted 2/01/23 at 5:03:46 PM
Buyers Products Company, Inc.ͲSubmitted 2/01/23 at 2:54:11 PM Caterpillar, Inc.ͲSubmitted 2/01/23 at 5:08:39 PM
Clark Equipment CompanyͲSubmitted 2/02/23 at 3:19:15 PM DD DANNAR, LLCͲSubmitted 1/31/23 at 12:40:21 PM
Doosan Infracore North AmericaͲSubmitted 2/02/23 at 8:42:02 AM First Green Industries, Inc.ͲSubmitted 2/02/23 at 12:11:25 AM Gradall Industries, Inc.ͲSubmitted 2/02/23 at 8:10:23 AM Hyundai Construction Equipment Americas, Inc.ͲSubmitted 1/24/23 at 6:57:35 PM JCB, Inc.ͲSubmitted 2/01/23 at 2:33:19 PM
LiuGong Construction Machinery North America, LLCͲSubmitted 2/02/23 at 11:53:12 AM Manitou North America, Inc.ͲSubmitted 2/02/23 at 8:30:04 AM MAZIO ATTACHMENTS, LLCͲSubmitted 2/02/23 at 3:47:49 PM Mecalac North America, LLCͲSubmitted 2/02/23 at 1:56:43 PM Nexpro Trucks & Equipment Corp.ͲSubmitted 2/01/23 at 2:47:41 PM Takeuchi Mfg. US, Ltd.ͲSubmitted 2/01/23 at 4:15:18 PM Tobroco Machinery, LLCͲSubmitted 2/02/23 at 10:30:17 AM Triple E Equipment, Inc.ͲSubmitted 2/02/23 at 1:24:12 PM XCMG NORTH AMERICA CORPORATIONͲSubmitted 2/02/23 at 3:47:31 PM 













Agenda Item #10.3.

The Proposals were opened electronically, and a list of all Proposers was made publicly available in the Sourcewell Procurement Portal, on February 2, 2023, at 4:31:46 PM CT. All responsive proposals were then submitted for review by the Sourcewell Evaluation Committee. _______________________________________________________________________ Kim Austin, MBA, CPPB, Procurement Lead AnalystCarol Jackson, Procurement Analyst 













Agenda Item #10.3.

Rev. 3/2022 Sourcewell RFP #020223
Medium Duty and Compact Construction Equipment with Related Attachments

RFP #020223

REQUEST FOR PROPOSALS
for
Medium Duty and Compact Construction Equipment with Related Attachments Proposal Due Date: February 2, 2023, 4:30 p.m., Central Time Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting proposals for Medium Duty and Compact Construction Equipment with Related Attachments to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [https://proportal.sourcewell-mn.gov]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than February 2, 2023, at 4:30 p.m. Central Time, and late proposals will not be considered.

SOLICITATION SCHEDULE
Public Notice of RFP Published: December 6, 2022
Pre-proposal Conference: January 4, 2023, 10:00 a.m., Central Time Question Submission Deadline: January 25, 2023, 4:30 p.m., Central Time Proposal Due Date: February 2, 2023, 4:30 p.m., Central Time Late responses will not be considered.

Opening: February 2, 2023, 6:30 p.m., Central Time
See RFP Section V.G. “Opening”
Agenda Item #10.3.

Rev. 3/2022 Sourcewell RFP #020223
Medium Duty and Compact Construction Equipment with Related Attachments

I. ABOUT SOURCEWELL
A. SOURCEWELL

Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that facilitates a competitive public solicitation and contract award process for the benefit of its 50,000+ participating entities across the United States and Canada. Sourcewell’s solicitation process complies with State of Minnesota law and policies, conforms to Canadian trade agreements (including Canadian Free Trade Agreement, Ontario-Quebec Trade and Cooperation Agreement, and Canada-European Union Comprehensive Economic and Trade Agreement, as applicable), and results in cooperative purchasing solutions from which Sourcewell’s Participating Entities procure equipment, products, and services.

Cooperative purchasing provides participating entities and suppliers increased administrative efficiencies and the power of combined purchasing volume that result in overall cost savings. At times, Sourcewell also partners with other purchasing cooperatives to combine the purchasing volume of their membership into a single solicitation and contract expanding the reach of contracted suppliers’ potential pool of end users.

Sourcewell uses a website-based platform, the Sourcewell Procurement Portal, through which all proposals to this RFP must be submitted.

B. USE OF RESULTING CONTRACTS
In the United States, Sourcewell’s contracts are available for use by:
• Federal and state government entities1;
• Cities, towns, and counties/parishes;
• Education service cooperatives;
• K-12 and higher education entities;
• Tribal government entities;
• Some nonprofit entities; and
• Other public entities.

In Canada, Sourcewell’s contracts are available for use by:
• Provincial and territorial government departments, ministries, agencies, boards, councils, committees, commissions, and similar agencies; • Indigenous self-governing bodies;
• Regional, local, district, and other forms of municipal government, municipal organizations, school boards, and publicly funded academic, health, and social service 1 Pursuant to HAR §3-128-2, the State of Hawaii, Department of Accounting and General Services, State Procurement Office, on behalf of the State of Hawaii and participating jurisdictions, has provided notice of its Intent to Participate in the solicitation as a participating entity.

Agenda Item #10.3.

Rev. 3/2022 Sourcewell RFP #020223
Medium Duty and Compact Construction Equipment with Related Attachments

entities referred to as MASH sector (this should be construed to include but not be limited to the Cities of Calgary, Edmonton, Toronto, Ottawa, and Winnipeg), as well as any corporation or entity owned or controlled by one or more of the preceding entities; • Crown corporations, government enterprises, and other entities that are owned or controlled by these entities through ownership interest; and • Members of the Canoe procurement group of Canada, and their partner associations:

Canoe members are regional, local, district or other forms of municipal government, school boards, publicly-funded academic, health and social service entities in Alberta and across Canada, as well as any corporation or entity owned or controlled by one or more of the preceding entities – as well as partner associations, including Saskatchewan Association of Rural Municipalities, Association of Manitoba Municipalities, Local Authorities Services/Association of Municipalities Ontario, Nova Scotia Federation of Municipalities, Federation of Prince Edward Island Municipalities, Municipalities Newfoundland Labrador, Union of New Brunswick Municipalities, North West Territories Association of Communities, CivicInfo BC, and their members.

For a listing of current United States and Canadian Participating Entities visit Sourcewell’s website (note: there is a tab for each country): https://www.sourcewell-mn.gov/sourcewell-forvendors/agency-locator.

Participating Entities typically access contracted equipment, products, or services through a purchase order issued directly to the contracted supplier. A Participating Entity may request additional terms or conditions related to a purchase. Use of Sourcewell contracts is voluntary and Participating Entities retain the right to obtain similar equipment, products, or services from other sources.

To meet Participating Entities’ needs, Sourcewell broadly publishes public notice of all solicitation opportunities, including this RFP. In addition, where applicable, other purchasing cooperatives and procurement officials receive notice and are encouraged to re-post the solicitation opportunity.

Proof of publication will be available at the conclusion of the solicitation process.

II. SOLICITATION DETAILS
A. SOLUTIONS-BASED SOLICITATION
This RFP and contract award process is a solutions-based solicitation; meaning that Sourcewell is seeking equipment, products, or services that meet the general requirements of the scope of this RFP and that are commonly desired or are required by law or industry standards.

Agenda Item #10.3.

Rev. 3/2022 Sourcewell RFP #020223
Medium Duty and Compact Construction Equipment with Related Attachments

B. REQUESTED EQUIPMENT, PRODUCTS, OR SERVICES
It is expected that proposers will offer a wide array of equipment, products, or services at lower prices and with better value than what they would ordinarily offer to a single government entity, a school district, or a regional cooperative.

1. Sourcewell is seeking proposals for Medium Duty and Compact Construction Equipment with Related Attachments, including, but not to limited to, the following types of medium and compact construction equipment:
a. Wheeled, tracked, and backhoe loaders;
b. Skid steers;
c. Mini excavators;
d. Telehandlers; and
e. Soil compaction and site preparation equipment.

Proposers may include related equipment, accessories, attachments, and services to the extent that these solutions are ancillary or complementary to the equipment, products, or services being proposed.

2. The primary focus of this solicitation is on Medium Duty and Compact Construction Equipment with Related Attachments. This solicitation should NOT be construed to include:
a. Construction services; and,
b. Equipment accessory, attachment, and supply only solutions.

3. This solicitation does not include those equipment, products, or services covered under categories included in pending or planned Sourcewell solicitations, or in contracts currently maintained by Sourcewell, identified below:
a. Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services (RFP #091219)
b. Ag Tractors with Related Attachments, Accessories, and Supplies (RFP #110719) c. Equipment Rental with Related Services (RFP #062320) d. Forklifts and Lift Trucks with Related Services (RFP #091520) e. Grounds Maintenance Equipment, Attachments, Accessories, and Related Services (RFP #031121)
f. Road Right-of-Way Maintenance Equipment (RFP #070821) g. Roadway Maintenance Equipment (RFP #080521)
h. Street Sweepers and Specialty Sweepers, with Related Equipment, Accessories, and Supplies (RFP #093021)
i. Sewer Vacuum, Hydro-Excavation, and Municipal Pumping Equipment with Related Accessories and Supplies (RFP #101221)
j. Public Utility Equipment with Related Accessories and Supplies (RFP #110421) Agenda Item #10.3.

Rev. 3/2022 Sourcewell RFP #020223
Medium Duty and Compact Construction Equipment with Related Attachments

k. Roadway Paving Equipment (RFP #060122)
l. Snow and Ice Handling Equipment, Supplies, and Accessories (RFP #062222) m. Trailers with Related Equipment, Accessories, and Services (RFP #092922) n. Heavy Construction Equipment with Related Attachments and Technology (RFP #011723) o. Portable Construction Equipment with Related Accessories and Attachments (RFP #TBD) Generally, the solutions for Participating Entities are turn-key solutions, providing a combination of equipment, products and services, delivery, and installation to a properly operating status. However, equipment-only or products-only solutions may be appropriate for situations where Participating Entities possess the ability, either in-house or through local thirdparty contractors, to properly install and bring to operation the equipment or products being proposed.

Sourcewell prefers suppliers that provide a sole source of responsibility for the equipment, products, and services provided under a resulting contract. If proposer is including the equipment, products, and services of its subsidiary entities, the proposer must also identify all included subsidiaries in its proposal. If proposer requires the use of distributors, dealers, resellers, or subcontractors to provide the equipment, products, or services, the proposal must address how the equipment, products or services will be provided to Participating Entities, and describe the network of distributors, dealers, resellers, and/or subcontractors that will be available to serve Participating Entities under a resulting contract.

Sourcewell encourages suppliers to offer the broadest possible selection of equipment, products, and services being proposed over the largest possible geographic area and to the largest possible cross-section of Sourcewell current and future Participating Entities.

C. REQUIREMENTS
It is expected that proposers have knowledge of all applicable industry standards, laws, and regulations and possess an ability to market and distribute the equipment, products, or services to Participating Entities.

1. Safety Requirements. All items proposed must comply with current applicable safety or regulatory standards or codes.

2. Deviation from Industry Standard. Deviations from industry standards must be identified with an explanation of how the equipment, products, and services will provide equivalent function, coverage, performance, and/or related services.

3. New Equipment and Products. Proposed equipment and products must be for new, current model; however, proposer may offer certain close-out equipment or products if it is specifically noted in the Pricing proposal.

4. Delivered and operational. Unless clearly noted in the proposal, equipment and products must be delivered to the Participating Entity as operational.

5. Warranty. All equipment, products, supplies, and services must be covered by a warranty that is the industry standard or better.

Agenda Item #10.3.

Rev. 3/2022 Sourcewell RFP #020223
Medium Duty and Compact Construction Equipment with Related Attachments

D. ANTICIPATED CONTRACT TERM
Sourcewell anticipates that the term of any resulting contract(s) will be four years, with an optional one-year extension that may be offered based on the best interests of Sourcewell and its Participating Entities.

E. ESTIMATED CONTRACT VALUE AND USAGE
Based on past volume of similar contracts, the estimated annual value of all transactions from contracts resulting from this RFP are anticipated to be USD $200 Million; therefore, proposers are expected to propose volume pricing. Sourcewell anticipates considerable activity under the contract(s) awarded from this RFP; however, sales and sales volume from any resulting contract are not guaranteed.

F. MARKETING PLAN
Proposer’s sales force will be the primary source of communication with Participating Entities.

The proposer’s Marketing Plan should demonstrate proposer’s ability to deploy a sales force or dealer network to Participating Entities, as well as proposer’s sales and service capabilities. It is expected that proposer will promote and market any contract award.

G. ADDITIONAL CONSIDERATIONS

1. Contracts will be awarded to proposers able to best meet the need of Participating Entities. Proposers should submit their complete line of equipment, products, or services that are applicable to the scope of this RFP.

2. A proposer may submit only one proposal. If related, affiliated, or subsidiary entities elect to submit separate proposals, rather than a single parent-entity proposal, each such proposal must be prepared independently and without cooperation, collaboration, or collusion.

3. If a proposer works with a consultant on its proposal, the consultant (an individual or company) may not assist any other entity with a proposal for this solicitation.

4. Proposers should include all relevant information in its proposal, since Sourcewell cannot consider information that is not included in the proposal. Sourcewell reserves the right to verify proposer’s information and may request clarification from a proposer, including samples of the proposed equipment or products.

5. Depending upon the responses received in a given category, Sourcewell may need to organize responses into subcategories in order to provide the broadest coverage of the requested equipment, products, or services to Participating Entities. Awards may be based on a subcategory.

6. A proposer’s documented negative past performance with Sourcewell or its Participating Entities occurring under a previously awarded Sourcewell contract may be considered in the evaluation of a proposal.

Agenda Item #10.3.

Rev. 3/2022 Sourcewell RFP #020223
Medium Duty and Compact Construction Equipment with Related Attachments

III. PRICING
A. REQUIREMENTS
All proposed pricing must be:

1. Either Line-Item Pricing or Percentage Discount from Catalog Pricing, or a combination of these:
a. Line-item Pricing is pricing based on each individual product or services. Each line must indicate the proposer’s published “List Price,” as well as the “Contract Price.” b. Percentage Discount from Catalog or Category is based on a percentage discount from a catalog or list price, defined as a published Manufacturer’s Suggested Retail Price (MSRP) for the products or services. Individualized percentage discounts can be applied to any number of defined product groupings. Proposers will be responsible for providing and maintaining current published MSRP with Sourcewell, and this pricing must be included in its proposal and provided throughout the term of any contract resulting from this RFP.

2. The proposer’s not to exceed price. A not to exceed price is the highest price for which equipment, products, or services may be billed to a Participating Entity. However, it is permissible for suppliers to sell at a price that is lower than the contracted price.

3. Stated in U.S. and Canadian dollars (as applicable).

4. Clearly understandable, complete, and fully describe the total cost of acquisition (e.g., the cost of the proposed equipment, products, and services delivered and operational for its intended purpose in the Participating Entity’s location).

Proposers should clearly identify any costs that are NOT included in the proposed product or service pricing. This may include items such as installation, set up, mandatory training, or initial inspection. Include identification of any parties that impose such costs and their relationship to the proposer. Additionally, proposers should clearly describe any unique distribution and/or delivery methods or options offered in the proposal.

B. ADMINISTRATIVE FEES
Proposers awarded a contract are expected to pay to Sourcewell an administrative fee in exchange for Sourcewell facilitating the resulting contracts. The administrative fee is normally calculated as a percentage of the total sales to Participating Entitiesfor all contracted equipment, products, or services made during a calendar quarter, and is typically one percent (1%) to two percent (2%). In some categories, a flat fee may be an acceptable alternative.

IV. CONTRACT
Proposers awarded a contract will be required to execute a contract with Sourcewell (see attached template). Only those modifications the proposer indicates in its proposal will be available for discussion. Much of the language in the Contract reflects Minnesota legal Agenda Item #10.3.

Rev. 3/2022 Sourcewell RFP #020223
Medium Duty and Compact Construction Equipment with Related Attachments

requirements and cannot be altered. Numerous and/or onerous exceptions that contradict Minnesota law may result in the proposal being disqualified from further review and evaluation.

To request a modification to the template Contract, a proposer must submit the Exceptions to Terms, Conditions, or Specifications table with its proposal. Only those exceptions noted at the time of the proposal submission will be considered.

Exceptions must:

1. Clearly identify the affected article and section.

2. Clearly note the requested modification; and as applicable, provide requested alternative language.

Unclear requests will be automatically denied.

Only those exceptions that have been accepted by Sourcewell will be included in the contract document provided to the awarded supplier for signature.

If a proposer receives a contract award resulting from this solicitation it will have up to 30 days to sign and return the contract. After that time, at Sourcewell’s sole discretion, the contract award may be revoked.

V. RFP PROCESS
A. PRE-PROPOSAL CONFERENCE
Sourcewell will hold an optional, non-mandatory pre-proposal conference via webcast on the date and time noted in the Solicitation Schedule for this RFP and on the Sourcewell Procurement Portal. The purpose of this conference is to allow potential proposers to ask questions regarding this RFP and Sourcewell’s competitive contracting process. Information about the webcast will be sent to all entities that have registered for this solicitation opportunity through their Sourcewell Procurement Portal Vendor Account. Pre-proposal conference attendance is optional.

B. QUESTIONS REGARDING THIS RFP AND ORAL COMMUNICATION
All questions regarding this RFP must be submitted through the Sourcewell Procurement Portal.

The deadline for submission of questions is found in the Solicitation Schedule and on the Sourcewell Procurement Portal. Answers to questions will be issued through an addendum to this RFP. Repetitive questions will be summarized into a single answer and identifying information will be removed from the submitted questions.

All questions, whether specific to a proposer or generally related to the RFP, must be submitted using this process. Do not contact individual Sourcewell staff to ask questions or request information as this may disqualify the proposer from responding to this RFP. Sourcewell will not respond to questions submitted after the deadline.

Agenda Item #10.3.

Rev. 3/2022 Sourcewell RFP #020223
Medium Duty and Compact Construction Equipment with Related Attachments

C. ADDENDA
Sourcewell may modify this RFP at any time prior to the proposal due date by issuing an addendum. Addenda issued by Sourcewell become a part of the RFP and will be delivered to potential proposers through the Sourcewell Procurement Portal. Sourcewell accepts no liability in connection with the delivery of any addenda.

Before a proposal will be accepted through the Sourcewell Procurement Portal, all addenda, if any, must be acknowledged by the proposer by checking the box for each addendum. It is the responsibility of the proposer to check for any addenda that may have been issued up to the solicitation due date and time.

If an addendum is issued after a proposer submitted its proposal, the Sourcewell Procurement Portal will WITHDRAW the submission and change the proposer’s proposal status to INCOMPLETE. The proposer can view this status change in the “MY BIDS” section of the Sourcewell Procurement Portal Vendor Account. The proposer is solely responsible to check the “MY BIDS” section of the Sourcewell Procurement Portal Vendor Account periodically after submitting its proposal (and up to the Proposal Due Date). If the proposer’s proposal status has changed to INCOMPLETE, the proposer is solely responsible to:
i) make any required adjustments to its proposal;
ii) acknowledge the addenda; and
iii) ensure the re-submitted proposal is received through the Sourcewell Procurement Portal no later than the Proposal Due Date and time shown in the Solicitation Schedule above.

D. PROPOSAL SUBMISSION
Proposer’s complete proposal must be submitted through the Sourcewell Procurement Portal no later than the date and time specified in the Solicitation Schedule. Any other form of proposal submission, whether electronic, paper, or otherwise, will not be considered by Sourcewell. Late proposals will not be considered. It is the proposer’s sole responsibility to ensure that the proposal is received on time.

It is recommended that proposers allow sufficient time to upload the proposal and to resolve any issues that may arise. The time and date that a proposal is received by Sourcewell is solely determined by the Sourcewell Procurement Portal web clock.

In the event of problems with the Sourcewell Procurement Portal, follow the instructions for technical support posted in the portal. It may take up to 24 hours to respond to certain issues.

Upon successful submission of a proposal, the Sourcewell Procurement Portal will automatically generate a confirmation email to the proposer. If the proposer does not receive a confirmation email, contact Sourcewell’s support provider at [email protected].

Agenda Item #10.3.

Rev. 3/2022 Sourcewell RFP #020223
Medium Duty and Compact Construction Equipment with Related Attachments

To ensure receipt of the latest information and updates via email regarding this solicitation, or if the proposer has obtained this solicitation document from a third party, the onus is on the proposer to create a Sourcewell Procurement Portal Vendor Account and register for this solicitation opportunity.

Within the Sourcewell Procurement Portal, all proposals must be digitally acknowledged by an authorized representative of the proposer attesting that the information contained in in the proposal is true and accurate. By submitting a proposal, proposer warrants that the information provided is true, correct, and reliable for purposes of evaluation for potential contract award.

The submission of inaccurate, misleading, or false information is grounds for disqualification from a contract award and may subject the proposer to remedies available by law.

E. GENERAL PROPOSAL REQUIREMENTS
Proposals must be:
• In substantial compliance with the requirements of this RFP or it will be considered nonresponsive and be rejected.
• Complete. A proposal will be rejected if it is conditional or incomplete. • Submitted in English.
• Valid and irrevocable for 90 days following the Proposal Due Date.

Any and all costs incurred in responding to this RFP will be borne by the proposer.

F. PROPOSAL WITHDRAWAL
Prior to the proposal deadline, a proposer may withdraw its proposal.

G. OPENING
The Opening of proposals will be conducted electronically through the Sourcewell Procurement Portal. A list of all proposers will be made publicly available in the Sourcewell Procurement Portal after the Proposal Due Date, but no later than the Opening time listed in the Solicitation Schedule.

To view the list of proposers, verify that the Sourcewell Procurement Portal opportunities list search is set to “All” or “Closed.” The solicitation status will automatically change to “Closed” after the Proposal Due Date and Time.

VI. EVALUATION AND AWARD
A. EVALUATION
It is the intent of Sourcewell to award one or more contracts to responsive and responsible proposers offering the best overall quality, selection of equipment, products, and services, and Agenda Item #10.3.

Rev. 3/2022 Sourcewell RFP #020223
Medium Duty and Compact Construction Equipment with Related Attachments

price that meet the commonly requested specifications of Sourcewell and its Participating Entities. The award(s) will be limited to the number of proposers that Sourcewell determines is necessary to meet the needs of its Participating Entities.

Factors to be considered in determining the number of contracts to be awarded in any category may include the following:
• Total evaluation scores (giving consideration to natural breaks in the scoring of responsive proposals);
• The number and geographic location of highest-scoring proposers that offer:
o A comprehensive selection of the requested equipment, products, or services; o A sales and service network ensuring availability and coverage for Participating Entities’ use; and
o Other attributes of the proposer or contents of its proposal that assist Participating Entities in achieving environmental and social requirements, and goals.

Information submitted as part of a proposal should be as specific as possible when responding to the RFP. Do not assume Sourcewell has any knowledge about a specific supplier or product.

B. AWARD(S)
Award(s) will be made to the highest-scoring proposer(s) whose proposal conforms to all conditions and requirements of the RFP, and consistent with the award criteria defined in this RFP.

Sourcewell may request written clarification of a proposal at any time during the evaluation process.

Proposal evaluation will be based on the following scoring criteria and the Sourcewell Evaluator Scoring Guide (a copy is available in the Sourcewell Procurement Portal):

Conformance to RFP Requirements 50
Financial Viability and Marketplace Success 75
Ability to Sell and Deliver Service 100
Marketing Plan 50
Value Added Attributes 75
Warranty 50
Depth and Breadth of Offered Equipment, Products, or Services 200 Pricing 400
TOTAL POINTS 1000
C. PROTESTS OF AWARDS
Any protest made under this RFP by a proposer must be in writing, addressed to Sourcewell’s Executive Director, and delivered to the Sourcewell office located at 202 12th Street NE, P.O.

Agenda Item #10.3.

Rev. 3/2022 Sourcewell RFP #020223
Medium Duty and Compact Construction Equipment with Related Attachments

Box 219, Staples, MN 56479. All documents that comprise the complete protest package must be received, and time stamped at the Sourcewell office by 4:30 p.m., Central Time, no later than 10 calendar days following Sourcewell’s notice of contract award(s) or non-award. and must be time stamped by Sourcewell no later than 4:30 p.m., Central Time. A protest must allege a procedural, technical, or legal defect, with supporting documentation. A protest that merely requests a re-evaluation of a proposal’s content will not be entertained A protest must include the following items:
• The name, address, and telephone number of the protester; • Identification of the solicitation by RFP number;
• A precise statement of the relevant facts;
• Identification of the alleged procedural, technical, or legal defect; • Analysis of the basis for the protest;
• Any additional supporting documentation;
• The original signature of the protester or its representative; and • Protest bond in the amount of $20,000 (except where prohibited by law or treaty).

Protests that do not address these elements will not be reviewed.

D. RIGHTS RESERVED
This RFP does not commit Sourcewell to award any contract, and a proposal may be rejected if it is nonresponsive, conditional, incomplete, conflicting, or misleading. Proposals that contain false statements or do not support an attribute or condition stated by the proposer may be rejected.

Sourcewell reserves the right to:
• Modify or cancel this RFP at any time;
• Reject any and all proposals received;
• Reject proposals that do not comply with the provisions of this RFP; • Select, for contracts or for discussion, a proposal other than that with the lowest cost; • Independently verify any information provided in a proposal; • Disqualify any proposer that does not meet the requirements of this RFP, is debarred or suspended by the United States or Canada, State of Minnesota, Participating Entity’s state or province; has an officer, or other key personnel, who have been charged with a serious crime; or is bankrupt, insolvent, or where bankruptcy or insolvency are a reasonable prospect;
• Waive or modify any informalities, irregularities, or inconsistencies in the proposals received;
• Clarify any part of a proposal and discuss any aspect of the proposal with any proposer; and negotiate with more than one proposer;
• Award a contract if only one responsive proposal is received if it is in the best interest of Participating Entities; and
Agenda Item #10.3.

Rev. 3/2022 Sourcewell RFP #020223
Medium Duty and Compact Construction Equipment with Related Attachments

• Award a contract to one or more proposers if it is in the best interest of Participating Entities.

E. DISPOSITION OF PROPOSALS
All materials submitted in response to this RFP will become property of Sourcewell and will become public record in accordance with Minnesota Statutes Section 13.591, after negotiations are complete. Sourcewell considers that negotiations are complete upon execution of a resulting contract. It is the proposer’s responsibility to clearly identify any data submitted that it considers to be protected. Proposer must also include a justification for the classification citing the applicable Minnesota law. Sourcewell may reject proposals that are marked confidential or nonpublic, either substantially or in their entirety.

Sourcewell will not consider the prices submitted by the proposer to be confidential, proprietary, or trade secret materials. Financial information, including financial statements, provided by a proposer is not considered trade secret under the statutory definition.

Agenda Item #10.3.

12/12/2022
Addendum No. 1
Solicitation Number: RFP 020223
Solicitation Name: Medium Duty and Compact Construction Equipment with Related Attachments
Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.

Question 1:

On page 16 of the template contract, Section 21. J., there is a Buy American Provisions Compliance section. “To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act.”
Does this mean a product manufactured outside the US does not comply? Answer 1:

Sourcewell contract template Section 21. – Provisions for Non-United States Federal Entity Procurement Under United States Federal Awards or Other Awards, only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds. The Buy American Provisions Compliance subsection requires compliance to the extent applicable.

A proposer may request a modification to the Sourcewell contract template as part of a proposal. To request a modification to the template contract terms, conditions, or specifications, a proposer may complete and submit the Exceptions to Terms, Conditions, or Specifications Table, which is found as the final Table of Step 1 in the proposal submission process.

End of Addendum
Acknowledgement of this Addendum to RFP 020223 posted to the Sourcewell Procurement Portal on 12/12/2022, is required at the time of proposal submittal.

Agenda Item #10.3.

12/27/2022
Addendum No. 2
Solicitation Number: RFP 020223
Solicitation Name: Medium Duty and Compact Construction Equipment with Related Attachments
Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.

Question 1:

Will the Pre-Proposal Conference be recorded for viewing later if I am unable to watch it live?
Answer 1:

Sourcewell will provide the Pre-Proposal Conference presentation slides in PDF format to all registered plan takers after the event is complete. In addition, Sourcewell is planning to record the Pre-Proposal Conference. Assuming no technical difficulties in the process, Sourcewell will provide a link to the recording to all registered plan takers after the event.

End of Addendum
Acknowledgement of this Addendum to RFP 020223 posted to the Sourcewell Procurement Portal on 12/27/2022, is required at the time of proposal submittal.

Agenda Item #10.3.

1/3/2023
Addendum No. 3
Solicitation Number: RFP 020223
Solicitation Name: Medium Duty and Compact Construction Equipment with Related Attachments
Consider the following amendment to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.

RFP Amendment:

As the result of the publication of an RFP that has been identified as not included in the equipment, products, or services of this solicitation, RFP Subsection II. B. 3. o. is revised to remove the (RFP #TBD) placeholder, and insert the actual RFP number, to read as follows:
* * * *
o. Portable Construction Equipment with Related Accessories and Attachments (RFP #020923)
* * * *
The remainder of the RFP content remains unchanged.

End of Addendum
Acknowledgement of this Addendum to RFP 020223 posted to the Sourcewell Procurement Portal on 1/3/2023, is required at the time of proposal submittal.

Agenda Item #10.3.

01/24/2023
Addendum No. 4
Solicitation Number: RFP 020223
Solicitation Name: Medium Duty and Compact Construction Equipment with Related Attachments
Consider the following Questions and Answers to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.

Question 1:

Can a manufacturer allow dealers to sell to Sourcewell members.

Answer 1:

Refer to RFP Section II. B. – Requested Equipment, Products, or Services – “If Proposer requires the use of dealers, resellers, or subcontractors to provide the products or services, the Proposal should address how the products or services will be provided to Participating Entities and describe the network of dealers, resellers, and/or subcontractors that will be available to serve Participating Entities under a resulting contract.” It is left to the discretion of each proposer to determine the information or documentation necessary to best demonstrate their ability to serve Sourcewell participating entities and satisfy all the requirements included in the questionnaire tables. Proposals are evaluated based on the criteria stated in the RFP.

Question 2:

Is it the manufacturer’s responsibility to provide sales activity or will each dealer report this information to Sourcewell?
Answer 2:

Refer to Sourcewell Contract Template Section 8. – Report on Contracts Sales Activity and Administrative Fee Payment. A single sales report and administrative fee remittance is contemplated for each calendar quarter during the term of an awarded contract.

Agenda Item #10.3.

Question 3:

How do you determine the fee that is paid to Sourcewell? Answer 3:

Refer to RFP Section III. B. – Administrative Fees, for directions on proposing an administrative fee. It is left to the discretion of each proposer to determine and propose an administrative fee that is consistent with its business and its industry.

End of Addendum
Acknowledgement of this Addendum to RFP 020223 posted to the Sourcewell Procurement Portal on 01/24/2023, is required at the time of proposal submittal.

Agenda Item #10.3.

Government Sales Points of Contact:

Heather Messmer - Government Accounts Sales Support Mgr. [email protected]
Jesse Rheault - Government Account Manager
[email protected]
Barry Hanson - Government Account Manager
[email protected]
Randy Fuss - Director, Government Accounts
[email protected]
Product
Machines
Factory Installed
Options
Skid-Steer Skid Steer Loaders 22.0% 22.0%
Compact T Compact Track Loaders 26.0% 26.0%
AttachmenLoader Attachments 24.0% 24.0%
Compact W Compact Wheel Loader (CWL) 24.0% 24.0%
AttachmenCWL Attachments 24.0% 24.0%
Small Artic Small Articulating Loaders (SAL) 24.0% 24.0% AttachmenSAL Attachments 24.0% 24.0%
Excavators Compact Excavators 28.0% 28.0%
Large ExcavLarge Excavators 24.0% 24.0%
AttachmenExcavator Attachments 24.0% 24.0%
Mini Loade Mini Track Loaders (MTL) 24.0% 24.0%
AttachmenMTL Attachments 24.0% 24.0%
Utility Wor Toolcat 20.0% 20.0%
AttachmenToolcat Attachments 24.0% 24.0%
Compact T Compact Tractors 22.0% 22.0%
AttachmenCompact Tractor Implements and Attachments 24.0% 24.0% Utility Vehi Utility Vehicles 20.0% 20.0%
TelehandleTelehandlers 24.0% 24.0%
AttachmenVH Attachments 24.0% 24.0%
Bobcat® Mowers 22.0% 22.0%
Ryan RYAN Turf Equipment & Attachments 16.0% 16.0%
Steiner Steiner Tractors & Attachments 20.0% 20.0%
Compactio Compaction Equipment 16.0% 16.0%
CLARK EQUIPMENT COMPANY dba BOBCAT COMPANY
250 EAST BEATON DRIVE
PO BOX 6000
WEST FARGO, ND 58078-6000
ORDER ADDRESS:

REMIT TO ADDRESS:

TOLL FREE #: 800-965-4232, Opt#2
FAX#: (855) 608-0681
TIME OF DELIVERY: 60 to 90 Days ARO
COMMERCIAL CREDIT CARD: Accepted (Visa/Mastercard/American Express) TID#: 38-0425350
BOBCAT COMPANY SUGGESTED PRICE LIST - January 2023
Bobcat Company
Phone:
(701) 241-8719
(701) 241-8759
(701) 241-8793
(701) 241-8746
PROMPT PAYMENT TERMS: Net 30
CLARK EQUIPMENT COMPANY dba BOBCAT COMPANY
PO BOX 74007382
CHICAGO, IL 60674
Discount Percent
Agenda Item #10.3.

Product Quotation
Quotation Number: NC987599
Quote Sent Date: Jan 30, 2025
Expiration Date: Mar 01, 2025
Your Bobcat Contact
Nolan Clark
Phone:

Email: [email protected]
Your Customer Contact
__________________________________________________________________________________________________________ Deliver to
City of St Helena
1088 COLLEGE AVE
SAINT HELENA, CA, 94574-1366
Bobcat Dealer
Bobcat of Santa Rosa, Santa Rosa, CA
3675 SANTA ROSA AVE
SANTA ROSA, CA, 95407
Bill to
City of St Helena
1088 COLLEGE AVE
SAINT HELENA, CA, 94574-1366
Item Name Item Number Quantity Price Each Total
T76 T4 Bobcat Compact Track Loader M0371 1 59,240.06 59,240.06 Standard Equipment:

74.0 HP Tier 4 V2 Bobcat Engine
Auxiliary Hydraulics: Variable Flow
Backup Alarm
Bob-Tach
Bobcat Interlock Control System (BICS)
Controls: Selectable Joysticks (SJC)
Cylinder Cushioning - Lift, Tilt
Engine/Hydraulic Performance De-rate Protection
Glow Plugs (Automatically Activated)
Horn
Lift Arm Support
Lift Path: Vertical
Lights, Front and Rear LED
Operator Cab
Includes: Vinyl Adjustable Suspension Seat, Top and Rear Windows, Parking Brake, Seat Bar and Seat Belt
Roll Over Protective Structure (ROPS) meets SAE-J1040 and ISO 3471
Falling Object Protective Structure (FOPS) meets SAE-J1043 and ISO 3449, Level I; (Level II is available through Bobcat Parts)
Parking Brake: Spring Applied, Pressure Released (SAPR) Solid Mounted Carriage with 4 Rollers
Tracks: Rubber, 12.6" Wide
Telematics - Machine IQ - 2-year Basics
Warranty: 2 years, or 2000 hours whichever occurs first Comfort Package
Included: Comfort Package Includes:,
Enclosed HVAC Cab, Radio, Adjustable
Heated Cloth Air Ride Seat, Power BobTach, Solid Undercarriage, Instrumentation:

Standard 5" Display, Engine Temperature
and Fuel Gauges, Hour meter, RPM and
Warning Indicators. Includes maintenance
interval notification, fault display, job codes,
quick start, auto idle, and security lockouts,
Premium LED Lights, Keyless Start, TwoSpeed Travel, 7-Pin Attachment Control, Dual Direction Bucket Positioning, Rear
Camera, Sound Reduction
M0371-P11-C07 1 7,132.82 7,132.82
High-Flow Hydraulics M0371-R03-C03 1 1,906.82 1,906.82
7" Touch Display M0371-R08-C03 1 1,226.77 1,226.77
74" Heavy Duty Bucket 7272680 1 1,414.36 1,414.36
Bolt-On Cutting Edge, 74" 6718007 1 302.85 302.85
Agenda Item #10.3.

36 Month/2000 Hour Full Extended
Warranty (Promotion)
9997036 1 0.00 0.00
Total for T76 T4 Bobcat Compact Track Loader 71,223.68
Quote Total - USD 71,223.68
Dealer P.D.I. 200.00
Freight Charges 1,675.00
Destination Charges 116.00
Dealer Assembly Charges 97.50
Quote Total - USD 73,312.18
Comment:
*Plus applicable taxes. IF Tax Exempt, please include Tax Exempt Certificate with the order. *Prices per the Sourcewell Contract #020223-CEC
*Sourcewell Member Number (if applicable): ____________ *All orders should include 1) Accounts Payable Contact and email address, 2) W9 with correct legal entity name, and 3) Bill to Address.
*Orders may be placed with the contract holder or authorized dealer as allowed by the terms and conditions of the contract. *A Copy of all orders must be provided to [email protected]. *Contact Holder Information: Doosan Bobcat North America, Inc. Govt Sales, 250 E Beaton Drive, West Fargo, ND 58078. TID# 38- 0425350.
*Payment Terms: Net 60 Days. Credit cards accepted.
*Remittance address: Doosan Bobcat North America, Inc. P. O. Box 74007382, Chicago, IL 60674-7382 Customer acceptance:

Quotation Number:: NC987599 Purchase Order:___________________________________ Authorized Signature:

Print:_______________________________ Sign:_____________________________________________________________ Date:_____________ Email:________________________________________________________ Addresses
Agenda Item #10.3.

Delivery Address________________________________________________________________________________________ Billing Address (if different from ship to):_____________________________________________________________________ Tax Exempt: Y ▢ / N ▢
Exempt in the State of:______________________________________ Tax Exempt ID:

Federal:__________________________________________________ State:____________________________________________________ Expiration Date:___________________________________________ Agenda Item #10.3.

Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: February 25, 2025
FROM: Lesley Milton, Deputy City Manager
SUBJECT: Authorize the purchase of a John Deere 410 P-Tier Backhoe from Pape Machinery for a total cost not to
exceed $199,512 to be used by all Public Works Divisions and authorize the use of FY25 Public Works unspent funds in the amount of $110,000 and the use of General Fund
reserves for the remaining $89,512 for the unbudgeted
expense.

RECOMMENDED
ACTION:

Staff recommends that the City Council authorize the
purchase of a John Deere 410 P-Tier Backhoe Loader for
a total cost of $199,512. This critical equipment will be cost-shared between Public Works Operations (Streets,
Parks & Trees) and enterprise funds for Water,
Wastewater, Collections, and Distribution divisions.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
PURPOSE:

Authorize the purchase of a backhoe for Public Works
operations.

FINANCIAL IMPACT: This purchase represents an unbudgeted expenditure for the current fiscal year. However, the cost-sharing strategy among various divisions for unspent funds in the current fiscal year and the quick payback period will mitigate longterm financial impacts. The total cost of the purchase is $199,512 including tax, fees and delivery. The cost will be shared from unspent funds from FY 25 across all 8 Public Works Divisions for a total $110,000 and staff is requesting the remaining balance of $89,512 to be covered by the
General Fund reserves as it is an unfunded, emergency
purchase.

BACKGROUND:

A backhoe loader is one of the most essential pieces of equipment for the City’s daily operations, supporting a range of critical infrastructure projects and emergency responses. The current backhoe has reached the end of its service life, with a multitude of issues that require constant maintenance and more down time than usable time. As a result of recent events, including an electrical fire, it is no longer permitted to travel on City streets, rendering it unusable for emergency operations.

Agenda Item #10.4.

A backhoe is a versatile, heavy-duty piece of equipment equipped with a digging bucket on the front and a smaller, articulated arm on the back. It is typically used for excavation, trenching, material handling, and demolition tasks. The backhoe will be critical for projects such as:
 Leak Repair in the Underground Utilities Division: Digging trenches to access underground pipes quickly and efficiently.
 Sediment Removal under Valley View Bridge: Excavating sediment and debris from hard-to-reach areas beneath bridges.
 Brush and Other Green Waste Cleanup at the Laydown Yard: Handling and transporting heavy debris, brush, and waste materials.

This purchase was not budgeted in the current fiscal year, but the immediate need for a functional backhoe necessitates this acquisition.

DISCUSSION:

Without a functioning backhoe, the City would be forced to rent similar equipment at significant costs—averaging $500 per day or $5,000 per month, plus delivery fees.

Based on these rental rates, the payback period for purchasing the backhoe is estimated to be less than three years. This investment will quickly offset rental expenses and ensure reliable access to essential equipment.

The backhoe is being purchased from Pape Machinery, a Sourcewell cooperative purchasing-approved vendor. Cooperative purchasing agreements, like those through Sourcewell, allow government agencies to leverage pre-negotiated contracts for equipment and services, ensuring competitive pricing and compliance with procurement regulations. This streamlined purchasing process reduces administrative burden, saves time, and provides cost-effective solutions for essential government operations.

FUNDING DISTRIBUTION: The total cost of $199,512 will be split among various divisions, enterprise funds and the general fund reserve, as outlined below:

Division Budget Line Item Account Number Amount
Streets Streets Capital
Equipment 5015-2630 $5,000
Parks & Trees Equipment Rental 5027-2125 $15,000
Water Capital Equipment 5034-2630 $10,000
Wastewater Rental Equipment 5029-2125 $10,000
Collections Rental Equipment 5020-2125 $30,000
Distribution Rental Equipment 5031-2125 $15,000
Distribution Capital Equipment 5031-2630 $20,000
Government
Buildings Rental Equipment 5006-2125 $5,000
Subtotal from
Existing Budget $110,000
Agenda Item #10.4.

Division Budget Line Item Account Number Amount
General Fund
Reserves $89,512
Total Cost $199,512
Staff recognizes the impact this purchase will have on planned operations and has determined that acquiring this equipment is a higher priority. As a result, certain projects will be deferred until the next fiscal year to accommodate this critical need. Examples of delayed projects include, but are not limited to, renting aeration equipment for the Little League field and other park grass areas, renting a stump grinder for removals, and purchasing replacement leak detection equipment. While these initiatives support important preventative maintenance, the operational challenges of not having a backhoe outweigh the temporary delay of these projects.

ENVIRONMENTAL REVIEW: This is not a CEQA project.

GOAL:

Goal 2: Improve Infrastructure & Further Environmental Sustainability Goal 7: Enhance Organizational Effectiveness
DOCUMENTS ATTACHMENTS:

Resolution Purchase Backhoe
City of St. helena 410P
Agenda Item #10.4.

CITY OF ST. HELENA
RESOLUTION NO. 2025-
APPROVAL OF A RESOLUTION AUTHORIZING THE PURCHASE OF A JOHN DEERE 410

P-TIER BACKHOE FROM PAPE MACHINERY FOR A TOTAL COST NOT-TO-EXCEED $199,512 TO BE USED BY ALL PUBLIC WORKS DIVISIONS AND AUTHORIZE THE USE OF RESERVES FOR THE REMAINING $89,512 FOR THE UNBUDGETED EXPENSE.

RECITALS
A. A backhoe loader is an essential piece of equipment for daily operations and supports a range of critical infrastructure projects and emergency responses; and B. The cost to rent a backhoe would average $500 per day or $5,000 per month, plus delivery fees; and
C. Staff has identified Pape Machinery as a Sourcewell-compliant vendor that can provide a John Deere 410 P-Tier Backhoe Loader for a total cost of $199,512; and D. The City’s purchasing policy allows for purchasing through Sourcewell-compliant vendors in lieu of competitive bidding; and
E. Staff recognizes the critical need of the Backhoe Loader and have determined it is a high priority despite the purchase causing deferment on certain projects.

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

1. Authorizes the purchase of a John Deere 410 P-Tier Backhoe Loader for a total cost of $199,512 from Pape Machinery.

2. Authorizes the use of General Fund reserves in the amount of $89,512.

3. Funding for the purchase is as follows:

Division Account Number Budget
(Decrease)
Budget
Increase
Streets 101-5015-2630 ($5,000)
Parks & Trees 101-5027-2125 ($15,000)
Government Buildings 101-5006-2125 ($5,000)
Budget Increase – Transfer Out 101-5000-2999 $25,000
Budget Increase – Transfer Out* 101-5000-2999 $89,512
Water Treatment 561-5034-2630 ($10,000)
Agenda Item #10.4.

Water Distribution 561-5031-2125 ($15,000)
Water Distribution 561-5031-2630 ($20,000)
Budget Increase – Transfer Out 561-5000-2999 $45,000
Wastewater Treatment 571-5029-2125 ($10,000)
Wastewater Water Collections 571-5020-2125 ($30,000)
Budget Increase – Transfer Out 571-5000-2999 $40,000
Budget Increase – Transfer In 592-3998 $199,512
Budget Increase – Capital Equipment 592-5000-2630 $199,512 *Use of General Fund Reserves

4. Authorizes the City Manager to execute any necessary purchasing agreements.

Approved at a Regular Meeting of the St. Helena City Council on February 25, 2025, by the following vote:

Mayor Paul Dohring: _____
Vice Mayor Michelle Deasy: _____
Council Member Billy Summers: _____
Council Member Aaron Barak: _____
Council Member Kate Spadarotto: _____
APPROVED: ATTEST:
______________________ _____________________
Paul Jamison Dohring, Mayor City Clerk
Agenda Item #10.4.

Date: 23 January 2025 Offer Expires: 22 February 2025
Confidential
Quote Id: 32247717
Prepared For:

CITY OF ST HELENA RECREATION DEPARTMENT
Prepared By: ROBERT CROTTOGINI
Pape Machinery, Inc.
5380 Commerce Blvd
Rohnert Park, CA 94928
Tel: 707-584-9161
Mobile Phone: 707-484-7791
Fax: 707-584-4786
Email: [email protected]
Agenda Item #10.4.

Salesperson : X ______________ Accepted By : X ______________ Confidential
Quote Summary
Prepared For:

CITY OF ST HELENA RECREATION DEPARTMENT
1574 RAILROAD AVE
SAINT HELENA, CA 94574
Prepared By:

ROBERT CROTTOGINI
Pape Machinery, Inc.
5380 Commerce Blvd
Rohnert Park, CA 94928
Phone: 707-584-9161
Mobile: 707-484-7791
[email protected]
This sale is subject to Papé’s Terms and Conditions of Sale effective on the date hereof, which are incorporated in full by this reference. The Terms and Conditions of Sale are available at www. pape.com/terms , and will also be sent by mail or e-mail to the purchaser upon request.

Quote Id: 32247717
23 January 2025
13 February 2025
Created On:

Last Modified On:

Expiration Date: 22 February 2025
Equipment Summary Selling Price Qty Extended
JOHN DEERE 410 P-Tier Backhoe
Loader
$ 184,300.00 X 1 = $ 184,300.00
Equipment Total $ 184,300.00
Quote Summary
Equipment Total $ 184,300.00
Tire Fee $ 7.00
SubTotal $ 184,307.00
Sales Tax - (8.25%) $ 15,204.75
Total $ 199,511.75
Down Payment (0.00)
Rental Applied (0.00)
Balance Due $ 199,511.75
Agenda Item #10.4.

Selling Equipment
Quote Id: 32247717 Customer: CITY OF ST HELENA RECREATION DEPARTMENT Confidential
JOHN DEERE 410 P-Tier Backhoe Loader
Hours:

Stock Number:

Code Description Qty
17E0T 410 P-tier Backhoe Loader 1
Standard Options - Per Unit
183E JDLink™ 1
0202 United States 1
0259 English 1
0351 Translated Text Labels 1
1003 Cab 1
3009 Autoshift Transmission - Mechanical
Front Wheel Drive (MFWD) with
Limited Slip Differential
1 4006 John Deere 4.5L - FT4/Stage IV 1
5250 Galaxy 21L-24 12PR Rear &

12.5/80-18 10PR Front
1 6154 Dual Batteries with Disconnect, Jump
Post, and Engine Block Heater
1 6577 1250 lb. (567 kg.) Front Counterweight 1
6752 Extendible Dipperstick 1
7002 Auxiliary Hydraulics with One & Two
Way Flow (Hammer & Thumb/Swinger)
1 7028 Pilot Controls, Two Lever, with Pattern
Selection
1 7040 Three-Function Loader Hydraulics,
Single Lever
1 7700 Less Coupler - Less Thumb 1
7800 Less Backhoe Bucket with Bucket Pins 1
7861 Multi-Purpose Bucket 1
8075 Diagnostic Oil Sampling Ports 1
8096 Premium Mirror Option - Exterior Rear
View Mirrors (2) and Front View Mirror
(1)
1 8109 Sun Visor 1
8115 MFWD Driveshaft Guard 1
8126 Heavy-Duty Grille Frame 1
8142 LED Light Package 1
8146 Left Side Console Storage with Cup
Holders
1 8165 Auto Ride Control 1
8182 Radio, Aptiv Basic Package 1
Agenda Item #10.4.

Selling Equipment
Quote Id: 32247717 Customer: CITY OF ST HELENA RECREATION DEPARTMENT Confidential
8208 Seat, Cloth Air-Suspension - Heated 1
8213 Chrome Exhaust Extension 1
Dealer Attachments
WAIN ROY Coupler 1
Wain Roy 12-24" Dig buckets with
Teeth
1 Wain Roy 36" Smooth lip bucket 1
Amulett hydraulic Thumb 1
Skyhook 1
Four Hooks Welded to Front Bucket 1
Other Charges
Freight 1
Agenda Item #10.4.

Notice: When operated in California, any off-road diesel vehicle may be subject to the California Air Resources Board In-Use Offroad Diesel Vehicle Regulation. It therefore could be subject to retrofit or accelerated turnover requirements to reduce emissions of air pollutants. For more information, please visit the California Air Resources Board website at:
http://www.arb.ca.gov/msprog/ordiesel/ordiesel.htm.

Agenda Item #10.4.

Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: February 25, 2025
FROM: Stephanie Killingsworth, Public Works Financial Analyst SUBJECT: Consideration and Proposed Adoption of a Resolution Authorizing the City Manager to Execute a Professional
Services Agreement with Napa County Resource
Conservation District (RCD), in an amount not-to-exceed $123,400 for York Creek Project Year 5 & 6 Monitoring
Services as required for the Upper York Creek Ecosystem Restoration Project (W-26), authorize use of $123,400
from Fund 237 for the unbudgeted expense, and authorize a budget increase of the same.

RECOMMENDED
ACTION:

Staff Recommends City Council Adopt the attached
Resolution.

PREVIOUS COUNCIL
ACTION:

On September 8, 2020, the City and RCD entered into a
Professional Services Agreement (PSA) STH Contract: FY
2021-023 to provide professional services for York Creek Project Year 1 Monitoring Services for the Upper York
Creek Ecosystem Restoration, City Project No. W-26.

Resolution No: 2020-90.

On November 23, 2021, the City and RCD entered into a
Professional Services Agreement (PSA) STH Contract: FY
2022-041 to provide professional services for York Creek Project Year 2 Monitoring Services for the Upper York
Creek Ecosystem Restoration, City Project No. W-26.

Resolution No: 2021-145.

On March 14, 2023, the City and RCD entered into a
Professional Services Agreement (PSA) STH Contract: FY
2023-031 to provide professional services for York Creek Project Year 3 Monitoring Services for the Upper York
Creek Ecosystem Restoration, City Project No. W-26.

Resolution No: 2023-22.

STATEMENT OF THE
PURPOSE:

To obtain City Council approval for a resolution authorizing a Professional Services Agreement with Napa County
Resource Conservation District (RCD) for required
monitoring services under the Upper York Creek
Ecosystem Restoration Project.

FINANCIAL IMPACT: The total contract amount of $123,400 is available in Fund Agenda Item #10.5.

237 and requires a budget increase of $123,400.

BACKGROUND:

On October 16, 2018, the City and RCD entered into a Professional Services Agreement (PSA) STH Contract: FY 2019-036 to provide professional services for the development of a Mitigation and Monitoring Plan (MMP) to address and offset environmental effects of the dam removal work on York Creek. Work performed under the PSA included: support the City with input on and technical review of the MMP, participate in meetings with permitting agencies and the City’s consultants, and conduct preliminary and/or pre-construction monitoring surveys as needed.

On June 23, 2020, the City of St. Helena entered into a Construction Agreement with McCullough Construction, Inc. STH Contract: FY 2020-75 on W-26 Upper York Creek Ecosystem Restoration and Aquatic Habitat Enhancement Project. Construction commenced on June 29, 2020 and was then substantially completed and inspected on September 24, 2020. The Project involved the partial removal of the Upper York Creek Dam with the overarching goal to restore fish passage and habitat connectivity for steelhead trout (Oncorhynchus mykiss), reduce potential for future downstream degradation through low-flow fine sediment releases and their associated fish kills, and allow for the restoration of approximately three acres of degraded riparian and aquatic habitat surrounding the dam and reservoir, including restoration of roughly two acres of native riparian forest. As part of the permitting process, the City is required to develop a Mitigation and Monitoring Plan (MMP) to assess and offset the environmental effects of the dam removal work.

On September 8, 2020, the City and RCD entered into a Professional Services Agreement (PSA) STH Contract: FY 2021-023 to provide professional services for York Creek Project Year 1 Monitoring Services for the Upper York Creek Ecosystem Restoration, City Project No. W-26. Resolution No: 2020-90.

On November 23, 2021, the City and RCD entered into a Professional Services Agreement (PSA) STH Contract: FY 2022-041 to provide professional services for York Creek Project Year 2 Monitoring Services for the Upper York Creek Ecosystem Restoration, City Project No. W-26. Resolution No: 2021-145.

On March 14, 2023, the City and RCD entered into a Professional Services Agreement (PSA) STH Contract: FY 2023-031 to provide professional services for York Creek Project Year 3 Monitoring Services for the Upper York Creek Ecosystem Restoration, City Project No. W-26. Resolution No: 2023-22.

The Capital Improvement Program Project No. W-26 was officially closed with a Notice of Completion filed in January 2021.

DISCUSSION:

Agenda Item #10.5.

The City requires a range of environmental services during post-construction phases of the project in order to successfully execute the project and comply with the requirements of the funding agencies. The RCD has extensive knowledge of the York Creek watershed and a history of assessment and monitoring efforts in York Creek and throughout the greater Napa River Basin. All tasks will be executed according to the requirements outlined in the approved Geomorphic and Restoration Monitoring and Adaptive Management Plan for the Upper York Creek Ecosystem Restoration Project.

The RCD will perform all tasks (Attachment 2) in coordination with City staff as well as with project managing consultant EKI Environment & Water, Inc. RCD shall perform the following monitoring tasks:
 Project management – Coordination of monitoring activities and attendance of meetings with City of St Helena and consultants, permitting agencies, and landowners.
 Post-storm reconnaissance surveys/photo-monitoring – Visual inspection of streambed and banks, log structures, and bridges in Reaches 1-5 following a 2- year magnitude storm or greater. Will be performed concurrently with photo monitoring as applicable. Includes up to two events in Year 2.  Thalweg Surveying - Thalweg surveying is weather-dependent and based on the size of the streamflow events that occur and may not be required every year.  Channel Cross Section Surveys – Work to be completed in the late spring/summer, after the rainy season but prior to report submittal for inclusion in the annual report. RCD anticipates surveying all 50 sections following a wet year, and a select subset following a dry year.
 Steelhead Spawner Surveys – Up to four spawner surveys, dependent on flow conditions.
 Vegetation Monitoring – RCD subcontract with professional vegetation ecologist/botanist and assist as necessary. Vegetation surveys will be conducted within Reaches 3 and 4 and will include visual surveys to assess: 1) natural revegetation of the streambanks, 2) progress of the growth of planted trees and willow stakes, and 3) success of invasive plant removal efforts.  Annual Report - Prepare and submit an annual monitoring report documenting the methods and results of monitoring activities completed during the previous year.

Previous monitoring contracts were paid using residual funds from Project W-26. As noted above, this project has been closed out and project funds expended. Staff recommends utilization of Fund 237 - Emergency Flood Relief which has a current balance of $177,177. This fund was set up to account for reimbursements received as emergency relief following the 2005 floods and has been unused since at least 2008.

Because the funds in this account were received as a reimbursement, it is appropriate to use the funds for Upper York Creek Monitoring.

ENVIRONMENTAL REVIEW: This is not a project that requires review under CEQA.

Agenda Item #10.5.

GOAL:

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

Resolution NCRCD
Attachment No. 2 Napa County RCD Year 5 & 6
Agenda Item #10.5.

CITY OF ST. HELENA
RESOLUTION NO. 2024-
Resolution authorizing the City Manager to execute a
Professional Services Agreement with Napa County
Resource Conservation District, in an amount not-toexceed $123,400 for York Creek Project Year 5 & 6 Monitoring Services for the Upper York Creek
Ecosystem Restoration, City Project No. W-26 and
authorizing a budget increase of $123,400 in Fund 237.

RECITALS
A. On October 16, 2018, the City and Napa Resource Conservation District (Consultant) entered into the Agreement for Consultant to provide professional services for the development of a Mitigation and Monitoring Plan (MMP) for W-26 Upper York Creek Ecosystem Restoration; and
B. As part of the permitting process the City is required to develop a Mitigation and Monitoring Plan (MMP) to assess and offset the environmental effects of the dam removal work; and
C. The City of St. Helena began the W-26 Upper York Creek Ecosystem Restoration project on June 26, 2020, and notice of completion was filed following the January 12, 2021 City Council meeting; and
D. The Napa County Resource Conservation District has extensive knowledge of the York Creek watershed and a history of assessment and monitoring efforts in York Creek and throughout the greater Napa River basin; and
E. On September 8, 2020, the City and Napa County Resource Conservation District (Consultant) entered into a Professional Services Agreement (PSA) STH Contract:

FY 2021-023 to provide professional services for York Creek Project Year 1 Monitoring Services for the Upper York Creek Ecosystem Restoration, City Project No. W-26; and
F. On November 23, 2021, the City and Napa County Resource Conservation District (Consultant) entered into a Professional Services Agreement (PSA) STH Contract:

FY 2021-023 to provide professional services for York Creek Project Year 2 Monitoring Services for the Upper York Creek Ecosystem Restoration, City Project No. W-26; and
G. On March 14, 2023, the City and Napa County Resource Conservation District (Consultant) entered into a Professional Services Agreement (PSA) STH Contract:

FY 2021-023 to provide professional services for York Creek Project Year 3 Monitoring Services for the Upper York Creek Ecosystem Restoration, City Project No. W-26; and
Agenda Item #10.5.

H. Napa County Resource Conservation District will perform all tasks in coordination with City staff.

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

1. Authorizing the City Manager to Execute a Professional Services Agreement with Napa County Resource Conservation District, in an amount not-to-exceed $123,400 for York Creek Project Year 5 & 6 Monitoring Services for the Upper York Creek Ecosystem Restoration, City Project No. W-26; and

2. Authorizing a budget increase of $123,400. Funding is provided as follows:

Funding Details Fund GL Account Amount
Budget Increase Emergency
Flood Relief 237-50-00-21-45 123,400
Total FY25 123,400
Approved at a Regular Meeting of the St. Helena City Council on February 25, 2025, by the following vote:

Mayor Dohring: __________
Vice Mayor Deasy: __________
Councilmember Summers: __________
Councilmember Barak: __________
Councilmember Spadarotto: __________
APPROVED: ATTEST:
________________________ ________________________
Paul Jamison Dohring, Mayor City Clerk
Agenda Item #10.5.

1 CITY OF ST. HELENA

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of February 25, 2025 by and between the City of St. Helena, a public agency organized and operating under the laws of the State of California (“City”), and Napa County Resources Conservation District (RCD), a special district with its principal place of business at 1303 Jefferson St, Ste 500B. Napa, CA 94559 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:

Upper York Creek Ecosystem Restoration Project, Year 5 & 6 Monitoring (hereinafter referred to as “the Project”).

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $123,400. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

3. Additional Work.

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall Agenda Item #10.5.

2 be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

5. Term.

The term of this Agreement shall be from February 25, 2025 to February 25, 2027 unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). The Notice to Proceed shall set forth the date of commencement of work.

6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; pandemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

Agenda Item #10.5.

3 8. Standard of Care; Performance of Employees
a. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. b. Consultant’s employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

9. Assignment and Subcontracting
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subcontractors as Consultant may deem appropriate to assist in the performance of services hereunder.

10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.

11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:

Agenda Item #10.5.

4 (1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
Agenda Item #10.5.

5 (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.

This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit
Employer’s Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.

Agenda Item #10.5.

6 f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
Agenda Item #10.5.

7 (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.

Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify Agenda Item #10.5.

8 shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

Agenda Item #10.5.

9 14. Safety.

Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life-saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

15. Verification of Employment Eligibility.

By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

16. INTENTIONALLY DELETED

17. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California.

If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a the Superior Court of California for the County of Napa.

18. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.

Agenda Item #10.5.

10 19. Ownership of Documents and Confidential Information. a. All deliverables and other documents generated by Consultant in the performance of the Services, including all work papers, work-in-progress, designs, drawings, documents, data, computations, specifications, studies and reports prepared by Consultant as a part of the Services or authorized Additional Services (“Consultant Work Product”) shall belong to and be subject to the sole ownership and use of City. b. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, drawings and specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. c. During the course of the performance of this Agreement, Consultant may receive written or verbal information from City, its representatives or agents, not in the public domain. Such information may include City’s know how, trade secrets, and other proprietary and confidential information and Consultant agrees to treat such information as confidential information belonging to City. Consultant agrees that neither it, nor its officers, employees, representatives, agents, successors, or assigns, will disclose such information to any third party or use the same in any manner without the prior written consent of City. Moreover, Consultant agrees to safeguard such proprietary and confidential information from unauthorized disclosure and/or use using the same degree of care it uses to protect its own proprietary and confidential information, but not less than a reasonable standard of care. In the event that disclosure of such information is sought pursuant to any law or regulation, Consultant shall promptly notify City of such fact to allow City to assert whatever exclusions or exemptions may be available to it under applicable law or regulation.

20. Organization
Consultant shall assign Lucas Patzek as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

21. Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described above.

22. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:

CITY:

City of St. Helena
1088 College Avenue.

St. Helena, CA 94574
Attn: Eric Janzen, Public Works
CONSULTANT:

Napa County RCD
1303 Jefferson Street Suite 500B
Napa, CA 94559
Attn: Lucas Patzek, Executive Director
Agenda Item #10.5.

11 and shall be effective upon receipt thereof.

23. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

24. Equal Opportunity Employment.

Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

25. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.

26. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.

27. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

28. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either Party, unless such waiver is specifically specified in writing.

29. Time of Essence
Time is of the essence for each and every provision of this Agreement.

30. City’s Right to Employ Other Consultants
Agenda Item #10.5.

12 City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

31. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
Agenda Item #10.5.

13 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF ST. HELENA

AND NAPA COUNTY RESOURCE CONSERVATION DISTRICT (RCD)
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF ST. HELENA Napa County Resource Conservation District (RCD) By: By:

Anil Comelo
City Manager Its:

Printed Name:

ATTEST:

By:

City Clerk
APPROVED AS TO FORM:

By:

Ethan Walsh, City Attorney
Executive Director
Lucas Patzek
Agenda Item #10.5.

14 EXHIBIT A
Scope of Services
Agenda Item #10.5.

Year 5 (2024-25) and Year 6 (2025-26) Post-Project Monitoring Upper York Creek Habitat Restoration Project
Workscope and Estimated Budget
Napa RCD 2/6/2025
Task Cost Description
Project management 9,700 Coordination of monitoring activities with City of St Helena and consultants, permitting agencies, and landowners. Includes renewing right-of-entry agreements with landowners. Invoicing and administration of agreement.

Year 5 (8 mo.) and Year 6 (12 mo.).

Post-storm reconnaissance survey
(weather-dependent)
Post-storm reconnaissance surveys to assess effects of large winter storms 6,850 and inform adaptive management. These surveys are weather-dependent and based on the size of the streamflow events that occur and may not be required every year. This budget includes a single survey for Years 5 and 6.

Includes subcontracted geomorphologist or other qualifed expert consultant.

Thalweg surveying (weatherdependent) Topographic survey of a 1.1-mile subreach of the thalweg to assess channel 9,900 incision/aggradation, log structures, and bridges. Thalweg surveying is weather-dependent and based on the size of the streamflow events that occur and may not be required every year. This budget includes a single survey for Years 5 and 6.

Cross-section surveying (weatherdependent) Topographic surveying of up to 50 channel cross sections to assess 18,350 scour/deposition, bank erosion, and capacity changes. Cross section surveying is weather-dependent and based on the size of the streamflow events that occur and may not be required every year. This budget includes a single survey for Years 5 and 6.

Photo-monitoring 3,850 Photomonitoring at up to 56 established photo-points to document changes at bridges, log structures, and graded areas for Year 5. Required to be conducted annually for Years 1-5, and again in Years 7 and 10.

Steelhead spawner surveys 20,600 Surveys of Reaches 3, 4, and 5, to identify evidence of steelhead spawning activity in Upper York Creek for Years 5 and 6. Up to four surveys per year will be conducted, dependent on flow conditions.

Vegetation surveys 42,800 Vegetation surveys for Years 5 and 6. RCD will subcontract with professional vegetation ecologist/botanist, and assist as necessary. Vegetation surveys are required annually and will be conducted within Reaches 3 and 4 and will include visual surveys to assess: 1) natural revegetation of the streambanks, 2) progress of the growth of planted trees and willow stakes, and 3) success of invasive plant removal efforts.

Annual report 11,350 Preparation and submittal of Year 4 and Year 5 annual monitoring reports documenting the methods and results of monitoring activities completed during Years 4 and 5 of the monitoring program.

Total 123,400
Agenda Item #10.5.

Post-Project Monitoring Schedule
Upper York Creek Habitat Enhancement Project
Napa RCD
pdb 1/29/2025
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Project management
Post-storm reconnaissance surveys
Thalweg surveying
Cross-section surveying
Photo monitoring
Steelhead spawner surveys
Vegetation surveys
Annual report
2024-25 (Year 5)
2024 2025
Task
Y4 Report
?
?
?
2025-26 (Year 6)
2026
?
?
?
Y5 Report
Agenda Item #10.5.

DETAILED BUDGET CALCULATOR
Upper York Creek Post-Project Monitoring
Napa RCD
pdb 2/6/2025
Task Type Staff/Item Hrs/Quant Rate Cost Description
Annual Project Management
labor RCD Executive Director 6 149.08 894.48 city/landowner/agency coord, mtgs labor RCD Environmental Scientist III 24 143.28 3,438.72 city/landowner/agency coord, mtgs labor RCD Environmental Scientist II 8 112.08 896.64 city/landowner/agency coord, mtgs labor RCD Admin Asst 6 100.05 600.30 admin
subtotal 5,830.14
Post-Storm Recon (1 survey)
labor RCD Environmental Scientist III 4 143.28 573.12 monitor/coord labor RCD Environmental Scientist III 8 143.28 1,146.24 field work labor RCD Environmental Scientist III 4 143.28 573.12 data processing expense subcontractor 4500 1.00 4,500.00 site inspection, prep memo expense vehicle (mi) 50 0.670 33.50 1 vehicle
expense tablet (day) 1 10.00 10.00 iPad
expense waders (day) 1 5.00 5.00 2 sets
subtotal 6,840.98
Thalweg Surveying (1 survey, 1.1-mile subreach)
labor RCD Environmental Scientist III 4 143.28 573.12 pre-field coord/prep labor RCD Environmental Scientist III 24 143.28 3,438.72 field work, 6000 ft, 3 days labor RCD Environmental Scientist II 24 112.08 2,689.92 field work, 6000 ft, 3 days labor RCD Environmental Scientist III 20 143.28 2,865.60 data processing expense vehicle (mi) 150 0.670 100.50 1 vehicle, 3 visits expense diff level survey kit (day) 3 50.00 150.00 inst, tripod, stadia rod, tape, tablet expense waders (day) 6 5.00 30.00 2 sets
expense consumables 50 1.00 50.00 rebar, stakes, flagging subtotal 9,897.86
Cross Section Surveying (1 survey, up to 50 sections)
labor RCD Environmental Scientist III 8 143.28 1,146.24 pre-field coord/prep labor RCD Environmental Scientist III 48 143.28 6,877.44 field work, 6 days labor RCD Environmental Scientist II 48 112.08 5,379.84 field work, 6 days labor RCD Environmental Scientist III 30 143.28 4,298.40 data processing expense vehicle (mi) 300 0.670 201.00 1 vehicle, 6 visits expense diff level survey kit (day) 6 50.00 300.00 inst, tripod, stadia rod, tape, tablet expense waders (day) 12 5.00 60.00 2 sets
expense consumables 100 1.00 100.00 rebar, stakes, flagging subtotal 18,362.92
Photo-Monitoring (1 time)
labor RCD Environmental Scientist III 4 143.28 573.12 monitor/coord labor RCD Environmental Scientist III 8 143.28 1,146.24 field work labor RCD Environmental Scientist II 8 112.08 896.64 field work labor RCD Environmental Scientist III 8 143.28 1,146.24 data processing expense vehicle (mi) 50 0.670 33.50 1 vehicle
expense tablet (day) 2 10.00 20.00 iPad
expense waders (day) 2 5.00 10.00 2 sets
subtotal 3,825.74
Steelhead Spawner Surveying (1 year, up to 4 surveys)
labor RCD Environmental Scientist III 4 143.28 573.12 monitor/coord labor RCD Environmental Scientist III 32 143.28 4,584.96 field work, 4 days labor RCD Environmental Scientist II 32 112.08 3,586.56 field work, 4 days labor RCD Environmental Scientist II 12 112.08 1,344.96 data processing expense vehicle (mi) 200 0.670 134.00 1 vehicle, 4 visits expense tablet (day) 4 10.00 40.00 iPad
expense waders (day) 8 5.00 40.00 2 sets
subtotal 10,303.60
Vegetation Surveys (1 year)
labor RCD Executive Director 4 149.08 596.32 contract admin labor RCD Environmental Scientist II 8 112.08 896.64 field assistance expense Subcontractor 19900 1.00 19,900.00 conduct veg surveys, prep data/rpt subtotal 21,392.96
Annual Report
labor RCD Environmental Scientist III 24 143.28 3,438.72 report prep labor RCD Environmental Scientist II 20 112.08 2,241.60 report prep subtotal 5,680.32
Agenda Item #10.5.

Agenda Report to the City Council
Agenda Section: OLD BUSINESS
Department: Administration
DATE: February 25, 2025
FROM: April Mitts, Assistant City Manager
SUBJECT: Consideration and Proposed Approval of a Resolution Rescinding Resolution 2023-63 and Adopting Updated
Rules of Procedure for the Conduct of Council meetings
and Standards of Conduct.

RECOMMENDED
ACTION:

Adopt the attached Resolution.

PREVIOUS COUNCIL
ACTION:

September 26, 2023 - City Council adopted Rules of
Procedure and Standards of Conduct and provided
feedback to update Section 3.4(e).

STATEMENT OF THE
PURPOSE:

Presented updated Rules of Procedure and Standards of
Conduct for adoption.

FINANCIAL IMPACT: None
BACKGROUND:

On October 11, 2022, the City Council appointed a subcommittee of Mayor Dohring and then Council Member Hardy to work with the City Manager and City Clerk to address key items for effective rules of procedure for the conduct of meetings and standards of conducts for all elected and appointees of the City Council.

On September 26, 2023, City Council adopted Resolution 2023-63 adopting the updated Rules of Procedure for the Conduct of Council Meetings and City Council Standards of Conduct. At the same meeting, it was agreed that the Sub Committee would add language to Section 3.4(e) regarding the process to address alleged violations to the Code of Ethics and Conduct and bring the document back to City Council for adoption.

DISCUSSION:

With the resignation of Council Member Hardy in 2023, staff worked with Mayor Dohring and City Attorney Ethan Walsh to incorporate the changes.

The revised Rules of Procedure for the Conduct of Council Meetings and City Council Standards of Conduct are being brought to City Council for approval. The updates are reflected using Track Changes in Attachment 1 and summarized below.

Incorporated within the Motion to Adopt Resolution 2023-128:

1. Page 26 - Updated definition of excessive absences to, "failing to attend 3 consecutive meetings or 75% of the meetings in a 12-month period..." Agenda Item #12.1.

2. Page 28 - City Council Reports - updated to once per year Requested to Bring back to City Council for Consideration:

1. Pages 41-42 - Added language back to Section 3.4(e) noting the process to address alleged violation(s) of code of Ethics and Conduct.

ENVIRONMENTAL REVIEW: N/A
GOAL:

Miscellaneous/Other
DOCUMENTS ATTACHMENTS:

Attachment 1 - 2023 Rules of Procedure and Conduct Edits following 09.26.23 Council Meeting
Attachment 2 - Resolution Conduct of Meetings City Council, Boards and Commissions Resolution
Agenda Item #12.1.

Exhibit A

CITY COUNCIL, BOARDS,

COMMITTEES & COMMISSIONS

RULES OF PROCEDURE FOR THE

CONDUCT OF MEETINGS
&

STANDARDS OF CONDUCT
Agenda Item #12.1.

2 TABLE OF CONTENTS

1. PURPOSE .....................................................................................................4

1.1 Council-Manager Form of Government ..............................................4

1.2 City Council Vision and City Council Mission......................................4

2. RULES OF PROCEDURE FOR THE CONDUCT OF
COUNCIL MEETINGS ……….......................................................................5

2.1 Regular Meeting..................................................................................6

2.2 Special, Emergency, and Adjourned Meetings ...................................6

2.3 Regular Meeting Agenda ....................................................................7

2.4 Public Testimony and Comments Before the Council.........................7

2.5 Roll Call and Voice Votes ...................................................................9

2.6 Consent Items …………………………................................................9

2.7 Reports………………………………….................................................9

2.8 Closing Time of Council Meetings ......................................................9

2.9 Old Business…………………… ........................................................10

2.10 New Business…………………… ......................................................10

2.11 Office of the Mayor……………………...............................................10

2.12 Office of Mayor Pro Tempore (Vice Mayor) …………………… ........11

2.13 Action by the Council…………………… ...........................................11

2.14 Adoption by Majority Vote…………………… ....................................11

2.15 Discussion……………………............................................................11

2.16 Ratification of Actions……………………...........................................12

2.17 Procedural Motions…………………… ..............................................12

2.18 Withdrawal of Motion……………………............................................13

2.19 Duty to Vote…………………… .........................................................13

2.20 Introduction and Passage of Ordinance……………………...............13

2.21 Closed Sessions…………………… ..................................................13

2.22 Quorum…………………… ................................................................14

2.23 Teleconference Attendance Of Council Members At Council Meetings……………………...............................................................15

2.24 Public Hearings…………………… ....................................................24

2.25 Appointments to Committees and Boards……………………............24

2.26 Protocol for Committees, Commissions and Boards (CCB)…………25

2.27 Rosenberg’s Rules of Order: Simple Parliamentary Procedures Agenda Item #12.1.

3 for the 21st Century……………………..............................................31

3. CITY COUNCIL STANDARDS OF CONDUCT ..........................................31

3.1 Policy Purpose…………....................................................................31

3.2 Ethics…………..................................................................................31

3.3 Code of Ethics and Conduct………. .................................................35

3.4 Enforcement and Sanctions..............................................................40

3.5 Implementation………….. .................................................................41

APPENDIX
Exhibit–Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century
Agenda Item #12.1.

4 1. PURPOSE
The purpose for establishing City Council Protocols is to provide an effective environment for the City Council to provide leadership. The protocols may be amended by resolution adopted by a majority vote of the Council Members and should be reviewed on a regular basis to ensure that the document remains helpful to the Council by providing a framework for effective leadership.

The protocols set forth herein are not intended to limit the inherent power and general legal authority of the City Council. Any of the protocols herein may be waived by a majority vote of the Council Members when it is deemed that there is good cause to do so based upon the particular facts and circumstances.

1.1 Council-Manager Form of Government
The City of St. Helena operates according to the Council-Manager form of government which vests authority in an elected City Council which, in turn, hires an appointed executive, the City Manager. The City Council is composed of five members elected from the City on a nonpartisan basis to serve overlapping four-year terms. The Mayor is elected at-large to serve a two-year term as presiding officer at City Council meetings and as the official head of the City for legislative and ceremonial purposes. The City Manager is appointed by the City Council and serves at the pleasure of that body.

The City Council is the City’s legislative and policy-making body. Acting as a whole, the City Council is responsible for setting the direction of City policy and for adopting ordinances, resolutions and other orders as necessary for governing the City. The City Manager is responsible for the overall administration of the City, which includes implementation of the general policies set by the City Council in addition to the day-to-day operation of all City functions. The City Manager, with the help of the Staff, provides the City Council with the information needed to fulfill its policy-making role.

The Council-Manager form of government separates legislative and executive responsibilities in a manner similar to state and federal governments. This system provides "checks and balances" of both policy and administrative branches of government by limiting the power of each.

1.2 City Council Vision and City Council Mission
Council Vision
St. Helena strives to be a diverse, inclusive, family-friendly, economically and environmentally sustainable community which prudently manages all of its resources, continues to improve its infrastructure, ensures its water security, provides a full range of housing, business, cultural and Agenda Item #12.1.

5 recreational opportunities and cherishes its historic, small-town character, beautiful natural environment and high quality of life.

Council Mission
The City of St. Helena is dedicated to serving its citizens by:
• Promoting a culture of equity, diversity and inclusion • Supporting thriving families and ensuring the health and wellbeing of our youth
• Ensuring our long-term economic sustainability and focusing on new and diverse sources of revenue
• Preventing, preparing for, and mitigating fire and other local emergencies
• Improving and maintaining City infrastructure
• Updating our water management policies to ensure an adequate water supply
• Responding innovatively to climate change challenges and adopting environmentally sustainable best practices
• Preserving our historic, small-town, rural character
• Expanding recreational, active transportation and cultural opportunities • Facilitating innovative, well-designed housing for residents of all backgrounds, ages and income levels
• Encouraging full civic participation and ongoing communication • Strengthening regional collaboration with other public entities and building partnerships with local service providers and stakeholders (See Resolution Number 2021-__, -62, dated May 11, 2021.)

2. RULES OF PROCEDURE FOR THE CONDUCT OF COUNCIL MEETINGS

2.1 Regular Meeting
The Council shall hold a Regular Meeting on the second and fourth Tuesday of each month, except that the Council may by motion at a Regular Meeting and with adequate public notice, either cancel that meeting or reschedule it to some other date.

Regular Meetings shall be held at the Vintage Hall Board Room, 465 Main Street, St. Helena, and shall begin at 6:00 p.m. If it is necessary to hold a closed session prior to the start of a Regular Meeting the closed session may begin earlier than the normal starting time to allow the Regular Meeting to begin at 6:00 p.m. Closed session may also occur after a regular meeting was adjourned or outside of a regular meeting day. The closed session shall begin in an open meeting and the Council shall adjourn to closed session.

Agenda Item #12.1.

6 2.2 Special, Emergency, and Adjourned Meetings
(a) Special Meetings. The Mayor or the Vice Mayor in the Mayor’s absence or a majority of the members of the Council or the City Manager may at any time call a Special Meeting. At least twenty-four hours before a Special Meeting, written notice of the meeting stating its time and place and the subjects to be considered shall be (a) delivered to the Mayor and each Councilmember personally or by any other means; (b) posted on the Council’s principal bulletin board, City website and place of meeting; and (c) emailed to the agenda subscribers. Only those items of business specified in the notice may be considered at a Special Meeting called in this manner.
(b) Emergency Meeting. The Council may hold an Emergency Meeting in emergency situations as set forth in the City’s Municipal Code and State Law.
(c) Adjourned Meeting. A properly called Regular, Special, or Emergency Meeting may be adjourned to a time and place specified. A copy of the notice of adjournment shall be posted as specified on the door of the place where the meeting was held within twenty-four hours after the time of the adjournment. Further notice need not be given of an adjourned session of a properly called Regular, Special, or Emergency Meeting.

2.3 Regular Meeting Agenda
(a) Setting and Posting of Agenda. The agenda of business to come before the Council at a Regular Meeting shall normally be closed at the end of eighteen business days preceding the meeting. Under State Law the agenda for a Regular Meeting must be posted at least seventy-two (72) hours prior to the scheduled convening of the Regular Meeting, and no items may be added to the agenda fewer than seventy-two (72) hours prior to the meeting except as may be allowed by State Law. The City Council endeavors to publish the meeting agenda as early as possible prior to the meeting, but no later than 72 hours in advance. (b) Placing Items on the Council Agenda. Each City Council agenda shall specifically provide for a discussion of Future Agenda Items. Any Council Member may request that an item be considered on a future agenda during that portion of the City Council meeting and, upon agreement by a second Council Member concurring that Staff time and City resources should be expended on the item, the item shall be placed on the soonest practical regularly scheduled Council meeting as determined by the City Manager. A member of the public may request that an item be placed on a future agenda during Public Forum or through other communication with a Council Member. Staff reports may not be prepared on Council Member requested items until Council discussion has occurred and direction provided by the Council unless Staff otherwise determines. If Council Agenda Item #12.1.

7 action is contemplated, proposed action shall be included in the Staff report. The City Manager may also add any item of business to a future agenda in his or her sole discretion.
(c) Agenda Packet Distribution. Each Councilmember shall be furnished an e-agenda by no later than 5:00 p.m., on the Friday prior to the regular meeting. However, staff will strive to publish the agenda as early as possible. The requirement is to publish 72 hours in advance meeting Brown Act guidelines. The agenda and agenda materials shall be available for public inspection and distribution or copying at that the time of publication. Any agenda materials not included in the agenda package by 5:00 p.m., that Friday shall be separately identified, and the Council may by majority vote continue such agenda item until the following meeting to allow for proper study of the materials.
(d) Order of Agenda. The business of the Council shall be taken up for consideration in substantially the following order except as may be otherwise ordered:

1. Call to Order

2. Pledge of Allegiance

3. Roll Call

4. Adoption of the Agenda

5. Approval of the Minutes

6. Public Forum

7. Reports by Staff and City Council, Future Agenda Items and AB 1234 Reports

8. Presentations and Public Recognitions

9. Staff Briefing

10. Consent Items and Items Removed from Consent

11. Public Hearings

12. Old Business

13. New Business

14. City Council Reports

15. Adjournment
(e) A copy of the agenda and the package of agenda materials shall be made available for public inspection at City Hall.at or near the time they are circulated to the City Council.

2.4 Public Testimony and Comments Before the Council
Agenda Item #12.1.

8 (a) Addressing the Council Generally. Each person addressing the Council may give their name and address (optional) in an audible tone of voice for the record. Each person’s comments are limited to four minutes except as provided in section (b) regarding land use Public Hearings. In the further interest of time, the Mayor may reduce the four-minute time limit for all speakers in circumstances where a large number of citizens intend to make public comments. Additionally, speakers may be asked to limit their comments to new materials and not repeat what a prior speaker said. Organized groups may choose a single spokesperson who may speak for the group. Speakers may not concede their allotted time to another speaker. The Mayor may extend time for the speaker. (b) Addressing Council at Land Use Public Hearings. An applicant appellant at a land use Public Hearing shall be permitted to address the Council for 15 minutes following the Staff report. If there is a spokesperson for the opposition, the spokesperson shall be permitted to speak for 15 minutes. All other speakers are limited to four minutes each.

Applicant shall first be permitted five minutes at close of public comments for rebuttal. If the applicant is the appellee the appellant shall have 15 minutes, the applicant appellee shall have 15 minutes, the appellant five minutes, and the applicant appellee five minutes.
(c) Presentation by Spokesperson. Whenever any group of persons wishes to address the Council on the same subject matter, it shall be proper for the Mayor to request that a spokesperson be chosen by the group to address the Council, and, in case additional matters are to be presented at the time by any other member of the group, to limit the number of persons so addressing the Council so as to avoid unnecessary repetition before the Council.
(d) Irrelevant Testimony. The Mayor shall rule out of order any testimony not relevant to the agenda item then under discussion.
(e) Protocol. The purpose of public testimony is for Councilmembers to benefit from the views of the public. Comments from the public should be directed towards the Council. Councilmembers and Staff should avoid entering into a dialogue with members of the public who may address the Council. Questions raised by members of the public may be referred to Staff.
(f) Public Comment on Agendized Items. Members of the public are entitled to speak on any item on the agenda during a Public Hearing on the subject matter opened by the Mayor. Each person is entitled to speak on any agenda item only once at any meeting, and the right to speak at the appropriate time waives any further right to address the Council on that item at that meeting. Participation in debate on any item before the Council shall be limited to members of the Council, although Councilmembers may ask members of the public for additional information.

Agenda Item #12.1.

9 Written communications addressed to the City Council are to be referred to the City Clerk for:

Forwarding to the Council and posting to the appropriate agenda packet item. Written communication must be received at least three hours prior to the meeting to be included in the agenda packet.

Written communication will not be read aloud at the meeting. (g) Public Comment on Non-Agendized Items. Members of the public are entitled to speak on matters of municipal concern not on the agenda, during consideration of that portion of the meeting agenda entitled “Public Forum” when that item is called by the Mayor. Each person is entitled to speak on non-agendized items only once at any meeting. Brief questions by Councilmembers for clarifications may be posed and answered, and Councilmembers may make requests that items be placed on future agendas, but in accordance with State Law, no substantive discussion may take place unless and until the matter properly appears on the agenda.

2.5 Roll Call and Voice Votes
A roll call vote shall be taken on the approval of the Consent Calendar, the introduction of ordinances, and the adoption of ordinances, resolutions, and orders for the payment of money. Roll call votes shall be entered in the minutes of the Council showing those members voting yes, those voting no, and those abstaining or absent.

Any other motion may be passed by voice vote provided, however, that any Councilmember may request a roll call vote on any items to be voted on.

2.6 Consent Items
Those items on the agenda considered routine by the City Manager shall be grouped together under “Consent Items” and the recommended actions approved by a single vote of the Council. At the request of any Councilmember or any other person present at the meeting, a Consent Item shall be considered separately following approval of the remaining “Consent Items.” Items approved under the heading “Consent Items” will appear in the Council minutes in their proper form, as if approved item by item.

2.7 Reports
Under the agenda heading “Reports” the City Manager, other City Staff, and Councilmembers may make reports on matters not on the agenda. Also at this time, Councilmembers or Staff may identify issues or agenda items that need to Agenda Item #12.1.

10 be addressed by the City Attorney during the meeting, and may propose future agenda items.

2.8 Closing Time of Council Meetings
Council meetings shall adjourn by 9:00 p.m. However, the Council may by majority vote extend the meeting up to an additional thirty minutes (9:30 p.m.) if the Council deems such extension necessary. A unanimous Council vote shall be required to extend the meeting past 9:30 p.m. and adjourn by 10:00 p.m.

Otherwise, the meeting shall be adjourned to another day acceptable to the Council, or unfinished business may be continued to the next regular meeting.

2.9 Old Business
“Old Business” will include uncompleted items carried over from a prior meeting agenda and placed under this agenda heading for consideration.

2.10 New Business
The Council shall not consider any resolution, motion, or matter which does not affect the conduct of the business of the City of St. Helena or its corporate powers or duties as a municipal corporation nor shall the Council consider any resolution or motion supporting or disapproving any legislation or action pending in the Legislature of the State of California, the Congress of the United States or before any officer or agency of the State or Nation unless such proposed legislation or action, if adopted, will affect the conduct of the municipal business or the powers and duties of the City of St. Helena or its officers or employees as such.

2.11 Office of the Mayor
The Mayor shall preside at meetings of the Council, shall be entitled to vote on all matters, and shall be considered a Councilmember for all purposes, including the determination of whether a quorum is present. The Mayor will recognize members that wish to speak.

The Mayor shall have the following powers:
a) To rule motions in or out of order, including any motion patently offered for obstructive or dilatory purposes;
b) To enforce the Council’s rules regarding public testimony and to determine whether a speaker has gone beyond reasonable standards of courtesy in his or her remarks and to entertain and rule on objections from other members on this ground;
c) To ensure that the public has reasonable opportunity to be heard; d) To entertain and answer questions of parliamentary law or procedure; e) To call a brief recess at any time;
Agenda Item #12.1.

11 f) To adjourn in an emergency;
g) To appoint a Vice Mayor subject to Council approval who shall serve during the term of the Mayor, and becomes the Mayor Pro Tempore in the Mayor’s absence.

2.12 Office of Mayor Pro Tempore
A Councilmember who serves as Mayor pro tempore shall be entitled to vote on all matters and shall be considered a Councilmember for all purposes, including the determination of whether a quorum is present. In the Mayor’s absence, the Mayor pro tempore shall have the Mayor’s powers and duties. If the Mayor should become physically or mentally unable to perform the duties of his or her office, the other Councilmembers may by unanimous vote declare the Mayor is incapacitated and confer the Mayor’s powers and duties on the Mayor pro tempore.

When the Mayor declares that he or she is no longer incapacitated, and a majority of the Council concurs, the Mayor shall resume the exercise of his or her powers and duties. If both the Mayor and the Mayor pro tempore are absent from a meeting, the Council may elect from among its members a temporary chair to preside at the meeting.

2.13 Action by the Council
Action by the Council shall be by motions made and voted upon. A motion shall require a second. The Mayor and any other Councilmember may make or second a motion. A substantive motion is out of order while another substantive motion is pending.

2.14 Adoption by Majority Vote
A motion shall be adopted by a majority of the votes cast, a quorum being present, unless otherwise required by these rules or the laws of California.

Resolutions, orders for the payment of money, and all ordinances require at least three votes for passage.

2.15 Discussion
The City Council shall address an agenda item as follow:
(a) Staff shall introduce the agenda item and present the Staff report. (b) City Council shall ask questions of Staff.
(c) The Mayor will invite public comment on the item.
(d) Having received all public testimony, the Council will deliberate on the matter.

Agenda Item #12.1.

12 (e) If appropriate, the Mayor will entertain a motion, including any motion proposed by the Mayor.
(f) If a motion has received a second, the Mayor shall state the motion and if any Council Member wishes for the discussion, open for additional Council discussion.
(g) The Mayor shall preside over the discussion according to the following general principles:

1. The maker of the motion is entitled to speak first;

2. A person who has not spoken on the issue shall be recognized before someone who has already spoken;

3. To the extent possible, the discussion shall alternate between opponents and proponents of the measure.

2.16 Ratification of Actions
To the extent permitted by law, the Council may ratify actions taken on its behalf but without its prior approval. A motion to ratify is a substantive motion.

2.17 Procedural Motions
(a) In addition to substantive proposals, the following procedural motions, and no others, shall be in order. Unless otherwise noted, each motion is debatable, may be amended, and requires a majority of the votes cast, a quorum being present, for adoption. (b) To Adjourn. The motion may be made only at the conclusion of action of a pending substantive matter; it cannot interrupt deliberation of a pending matter.
(c) To Take a Brief Recess.
(d) Call to Follow the Agenda. The motion must be made at the first reasonable opportunity, or the right to make it is waived for the outof-order item in question. (e) To Suspend the Rules. The motion requires for adoption a vote of a majority of the quorum of the Council. The Council may not suspend provisions of the rules that are state requirements imposed by law on the Council.
(f) To Divide a Complex Motion and Consider It by Paragraph. (g) To Call the Previous Question. The motion is not in order until every member has had an opportunity to speak once.
(h) To Continue an Item to a Future Meeting Certain.
(i) To Refer to Staff for Action.

Agenda Item #12.1.

13 (j) To Amend. An amendment to a motion must be pertinent to the subject matter of the motion. An amendment is improper if the amended motion has the same effect as rejection of the original motion. A motion may be amended, and that amendment may be amended, but no further amendments may be made until the last amendment is disposed of by a vote.
(k) To Reconsider. The motion must be made by a member who voted with the prevailing side, and only at the meeting during which the original vote was taken, including any continuation of that meeting through adjournment to a time and place certain, or at the next Regular Meeting unless intervening actions taken based on the original action make such reconsideration impracticable. The motion cannot interrupt deliberation on a pending matter, but is in order at any time before final adjournment of the meeting. (l) To Rescind or Repeal a Previous Action. A motion to rescind or repeal a previous action is not in order if the rescission or repeal is forbidden by law or made inappropriate by virtue of actions taken in accordance with the previous action.
(m) To call for a Straw Vote. The Mayor, at the Mayor’s discretion, may call for a Straw Vote among members on any item prior to inviting public testimony or Council comment.

2.18 Withdrawal of Motion
A motion may be withdrawn by the introducer at any time before a vote, with or without the consent of any “seconder” of the motion. However, any other Councilmember may ask to be considered the introducer of the motion and, if again seconded, debate may continue without further interruption.

2.19 Duty to Vote
Every member must vote on every item unless prevented from doing so by virtue of an actual or potential conflict of interest under applicable State Law. Any member who believes he or she has a conflict or potential conflict of interest must announce such at the initiation of discussion or when such conflict or potential conflict becomes apparent, and shall refrain from any part in the debate, deliberations, or voting on that issue, except as allowed by State Law.

2.20 Introduction and Passage of Ordinance
A proposed ordinance shall be deemed to be introduced on the date the subject matter is first voted on by the Council. The Mayor shall read the title of the ordinance, after which a roll call vote shall be taken to introduce the ordinance.

The City Clerk shall then read the ordinance in its entirety unless such reading is waived by a separate motion adopted by unanimous vote of the Councilmembers Agenda Item #12.1.

14 present. An ordinance, other than an urgency, may not be passed within five days of its introduction or alteration. Corrections of typographical or clerical errors are not alterations.

2.21 Closed Sessions
(a) The Council may hold closed sessions only as provided for by law and according to the provisions herein.
(b) As part of any regular or special City Council meeting as appropriate, the City Council, the City Attorney, and relevant Staff may discuss and agree upon the need for any future closed sessions, including the legal authority for the closed session and the nature of the matter to be discussed, in adequate detail to meaningfully inform the public while maintaining required confidentiality and any applicable attorney-client privilege. Where the City Manager and City Attorney agree that the nature of a matter requires consideration in closed session, the requirement for prior open session discussion shall not apply.
(c) The City Council agenda for any regular or special Council meeting shall include general information about closed sessions as follows:

The City Council will convene in open session at the
stated time, but will then adjourn to address any
closed sessions items listed on the agenda. The
public is invited to address the Council with comment
on any listed closed session item immediately prior to
Council’s adjournment into closed session or
consistent with any other provisions permitting public
comment. The Council will reconvene in Public
Session at 6:00 p.m. or at the first Council meeting
following any closed session. At that time, if
appropriate and as required under the Brown Act, any
actions taken during the preceding closed session will
be announced by the City Attorney or Mayor. If
necessary, the Council may reconvene in closed
session to continue discussion of listed items
following the completion of open session business.
(d) The City Council agenda for any regular or special Council meeting at which the Council will adjourn to closed session shall provide notice of that closed session as provided for under the Brown Act and shall include a narrative description of the legal authority for the closed session and the nature of the matter to be discussed in adequate detail to inform the public while maintaining required confidentiality or any applicable attorney-client privilege. Reporting out of closed session shall be consistent with the requirements of Brown Act, and may be of greater detail than required when the Agenda Item #12.1.

15 disclosure of such detail is not inconsistent with maintaining required confidentiality and any applicable attorney-client privilege.

2.22 Quorum
A majority of the actual membership of the Council, including the Mayor but excluding vacant seats, shall constitute a quorum. A member who has withdrawn from a meeting without being excused by majority vote of the remaining members present shall be counted as present for purposes of determining whether or not a quorum is present.

2.23 Teleconference Attendance Of Council Members At Council Meetings (a) The City Council Procedures provisions concerning Teleconference Attendance shall apply to all Boards and Commissions as well as the City Council. Requests by Council Members to attend a Council meeting via teleconference appearance are actively discouraged. (b) Effective January 1, 2023, Assembly Bill 2449 amended the Brown Act, California Government Code Sections 54950 et seq., as it pertains to teleconference meeting participation by legislative body members.
• Applicability
(c) When a legislative body member wishes to attend a legislative meeting by teleconference under the provisions of Assembly Bill 2449, codified at California Government Code Section 54953(f) et seq., the following policies and procedures shall apply. Nothing herein is intended to prevent a member’s ability to attend a legislative meeting remotely if such attendance is otherwise authorized by Government Code Section 54953.
• Terms
(d) “Chairperson” shall mean the Mayor or Chair of the legislative body, as applicable. “Vice-Chairperson” shall mean the Vice Mayor, or Vice-Chair of the legislative body, as applicable.
“City” shall mean City of St. Helena
“Description” shall mean a brief general description of a legislative body member’s circumstances that warrant teleconference meeting attendance under the “Just Cause” exception or “Emergency Circumstances” exception, which need not exceed 20 words and need not to disclose any medical diagnosis, disability, or exempt personal medical information. (GC 54953(f)(2)(A)(i)–(ii)) “Disclosure” shall mean an announcement by the Member, made during the legislative meeting where the Member will attend by teleconference, disclosing the presence of other individuals over the Agenda Item #12.1.

16 age of 18 in the room at the Member’s teleconference location, and the general nature of the individual’s relationship to the Member. (GC 54953(f)(2)(B))
“Legislative body” shall have the same meaning as prescribed by Government Code Section 54952, i.e. a body that is subject to the Ralph M. Brown Act.“ Meeting” and “legislative meeting” shall have the same meaning as prescribed by Government Code Section 54952.2, i.e. a meeting of a legislative body that is required to be noticed under the Ralph M. Brown Act.
“Member” shall mean a member of a legislative body.
“Notification” shall mean a notification from a legislative body member of the Member’s need to attend a meeting by teleconference under the “Just Cause” exception. Notifications shall not require legislative body approval. (GC 54953(f)(2)(A)(i))
“Request” shall mean a request from a legislative body member that their legislative body actively approve their request to attend a meeting by teleconference under the “Emergency Circumstances” exception. (GC 54953(f)(2)(A)(ii))
“Teleconference” attendance at a legislative meeting, for purposes of this policy, shall be presumed to be accomplished by Zoom or the equivalent two-way audio-visual virtual software platform in use by the City at that time. “Teleconference” attendance shall mean attendance solely by virtual platform and shall not include a Member who attends a meeting in person and secondarily views the meeting by virtual platform. Provisions of this policy shall apply only to teleconference attendance under AB 2449 and shall not constrain the Member’s ability to attend by teleconference under other sections of the Brown Act.
• Available Exceptions for Teleconference Attendance
The Member shall be responsible for determining which of the two available exceptions is applicable to the Member’s need to attend by teleconference. The Member’s determination shall not be investigated by staff as to the veracity of any such request or claim.

Such determination shall be subject to review by the legislative body alone. The available exceptions are:

1. “Just Cause” (GC 54953(f)(2)(A)(i))
Agenda Item #12.1.

17 2. “Emergency Circumstances” (GC 54953(f)(2)(A)(ii)) • Exceptions Defined
Exception #1: “Just Cause” circumstances are defined as any one of the following:
a. Caregiving of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires a member to participate remotely.
b. A contagious illness that prevents the member from
attending in person.
c. A need related to a physical or mental disability.
d. Travel while on business of the legislative body or another state or local agency.

Exception #2: “Emergency Circumstances” are defined as a physical or family medical emergency that prevents a member from attending in person.

The foregoing definitions are set forth in this policy for convenience; in the event applicable law is changed to amend the nature of qualifying teleconference circumstances, the amended law shall supersede this section. • Limitation on Number of Uses
Members may attend meetings by teleconference under AB 2449 no more than the following number of times per calendar year:
a. City Council: Four (4) meetings per year
b. Planning Commission: Four (4) meetings per year
c. All other Boards, Committees and Commissions: Two (2) meetings per year
The above limitations shall factor in all meetings noticed under the Brown Act, whether Regular, Special, Closed, Joint, or otherwise. In the event a Member attends by teleconference multiple, contiguous meetings held on the same date, each meeting shall be counted separately.

1. Notwithstanding any other provision, a Member may utilize the “Just Cause” exception no more than two (2) times per calendar year.

Agenda Item #12.1.

18 2. Notwithstanding any other provision, a Member may not attend meetings solely by teleconference for a period of more than three consecutive calendar months.
a. In the event a Member attends meetings solely by
teleconference for a period of three consecutive calendar months, or attends meetings by teleconference the maximum number of allowable times per year, the Member must either attend in person; attend by other permissible teleconference provisions; or be counted as absent, for the remaining meetings in that calendar year.
• Procedure for Legislative Body Members
A Member wishing to avail themselves of the “Just Cause” exception shall adhere to the following:

1. Notification of the member’s need to attend by
teleconference, along with the required description of the circumstances creating the need, shall be made in writing prior to the meeting, and/or orally at the start of the subject meeting or during any prior meeting.
a. If the notification and description are delivered prior to the meeting, the Member shall submit the notification and
description:
b. In writing by email;
c. To the entire legislative body, preferably to the body’s group email address;
d. With a copy to staff.

Such communication to the entire legislative body shall be deemed to be not in violation of the Brown Act.

1. If the notification and description are delivered during a meeting prior to the meeting where the Member wishes to attend by teleconference, the Member shall make the required notification and description during the Member Comments order of business.

2. If the notification and description are delivered at the start of the subject meeting, the Member shall be present on the Agenda Item #12.1.

19 teleconference platform at the time the meeting is convened, and at the prompting of the Chairperson, shall make the required notification and description during the meeting prior to the attendance roll call. (Refer to Section 3 below.)

3. The Member shall disclose the presence of any other adults in the room at the teleconference location, and the general nature of their relationship to the member, during the subject meeting. This requirement shall apply regardless of the timing of the notification and description.

4. A Member wishing to avail themselves of the “Emergency Circumstances” exception shall adhere the following:
a. A request that the legislative body approve the Member’s request to attend by teleconference, along with the required description of the circumstances creating the need, shall be made in writing prior to the meeting, and/or orally at the start of the subject meeting.
b. If the request and description are delivered prior to the meeting, the Member shall submit the request and description:
•In writing by email;
•To the entire legislative body, preferably to the body’s group email address;
•With a copy to staff.

Such communication to the entire legislative body shall be deemed to be not in violation of the Brown Act, so long as there is no discussion of any item of business within the legislative body’s jurisdiction. Regardless, the legislative body’s action to approve or deny the teleconference request must be taken during a noticed meeting.
b. If the request and description are made at the start of the subject meeting, the Member shall be present on the
teleconference platform at the time the meeting is convened, and at the prompting of the Chairperson, shall make the required request and description during the meeting prior to the attendance roll call. (Refer to Meeting Procedures, below.) Agenda Item #12.1.

20 5. The legislative body must move to approve or deny the request during the meeting prior to the attendance roll call. (Refer to Meeting Procedures, below.)

6. The Member shall disclose the presence of any other adults in the room at the teleconference location, and the general nature of their relationship to the member, during the subject meeting. This requirement shall apply regardless of the timing of the request and description.

7. Notwithstanding any other provision, teleconferencing Member(s) shall participate through both audio and visual technology. Members may mute their microphone while not speaking, but Members shall be visible through the visual technology at all times during the meeting. In the event a member is not visible, the member shall be noted as absent during that period.
• Recordkeeping
The Member shall be responsible for assuring that any description, notification, request, and/or disclosure related to teleconference attendance are made in a manner that may be placed into the meeting record.

1. To the extent that the Member’s notification, description and/or request is delivered prior to the meeting, staff shall archive the written communication as agenda correspondence along with the meeting record.

2. To the extent that the Member’s notification, description, request, and/or disclosure is delivered during a legislative meeting, staff shall record the same in the minute record, along with record of the legislative body’s action to approve or deny any “Emergency Circumstances” requests.

3. The legislative body’s Minute Clerk shall keep data regarding each Member’s use of teleconference attendance provisions under AB 2449, and apprise the Chairperson if any Member has reached their annual limit. (Refer to Limitation on Number of Uses, above.) • Meeting Procedures
Business to be conducted by the legislative body relating to compliance with these regulations shall be conducted after the Call to Order, but prior to the Agenda Item #12.1.

21 attendance roll call, of the meeting where a Member will or may attend by teleconference. The Chairperson shall be responsible for the conduct of this portion of the meeting, with assistance from staff if needed. All related business shall be conducted in a manner that is evident to other meeting attendees and may be recorded in the meeting record. Such business to be conducted prior to attendance roll call shall include, and be conducted in substantially this form:

1. If any Member is not present in person and the Chairperson is not aware of the Member’s planned absence, the Chairperson shall acknowledge that the Member either is, or may be, present on the teleconference platform.

2. If necessary, staff shall confirm whether the Member is present on the teleconference platform.

3. If the Member is present on the teleconference platform:
a. If the Member has made their notification or request in writing prior to the meeting: The Chairperson shall note for the record that the Member has submitted a notification and description of the need to attend the meeting by teleconference under the “Just Cause” exception; or made a request and description to be permitted to attend by teleconference under the “Emergency Circumstances” exception.
b. If the Member has not made their notification or request in writing prior to the meeting: The Chairperson shall prompt the Member make their notification of the need to attend the meeting by teleconference, and description of the
circumstances giving rise to the need under the “Just Cause” exception; or make their request to be permitted to attend by teleconference, and description of the circumstances giving rise to the need under the “Emergency Circumstances” exception. c. If the Member makes a request to be permitted to attend by teleconference under “Emergency Circumstances” exception, whether before or during the meeting:
i. Any Member present in person may move to add an
item of business to the agenda on an urgency basis to allow the legislative body to act on the Member’s request. If no Agenda Item #12.1.

22 motion is forthcoming, the Chairperson shall so move. Such action shall comply with Government Code Section
54954.2(b).
ii. Thereafter, the Chairperson shall ask the remaining Members to either approve or deny the request. Any
Member may move approval or denial, but if no motion is forthcoming, the Chairperson shall so move. Members shall consider the request in good faith and shall not capriciously deny the request. The request shall be deemed approved if at least a majority (at least 2 of 3, or 3 of 4) of the Members present in person consent.
d. The Chairperson shall, finally, prompt the Member to disclose the presence of any other individuals over the age of 18 in the room at the Member’s remote location, and the general nature of the individual’s relationship to the Member.

Notwithstanding any other provision, this disclosure shall be made on record during the meeting.
e. If the Member is not present on the teleconference platform; if the Member refuses to make the required requests or
disclosures; or if the Member’s request to attend under the “Emergency Circumstances” exception is made but not
approved, the Member shall be recorded as absent. (Refer to Failure to Comply, below.)
f. This process shall be repeated for each Member not present in person who does, or may, wish to attend the meeting by teleconference.
g. The Chairperson shall then prompt the Meeting Clerk to proceed to attendance roll call.

4. In the event the Chairperson wishes to attend a meeting by teleconference, the Vice-Chairperson, if present in person, shall be responsible for performing the Chairperson’s duties as outlined above. Thereafter, the teleconferenced Chairperson may chair the remainder of the meeting, or may ask that the Vice-Chairperson do so.

Agenda Item #12.1.

23 5. In the event both the Chairperson and Vice-Chairperson wish the attend the meeting by teleconference; or in the event the Chairperson wishes to attend by teleconference and the ViceChairperson is absent, an Acting Chairperson shall be selected from among the Members attending the meeting in person, in order to perform the Chairperson’s duties as outlined above.

6. In the event three (3) or more Members attempt to join a meeting by teleconference; and/or in the event two (2) or fewer Members are present in person at the meeting location; staff shall announce that the meeting cannot be convened.
• Failure to Comply; Enforcement Measures
In the event a Member attempts to attend a meeting by teleconference in excess of the allowable number of times per year; in excess of three consecutive months; without making the necessary notices, requests, or disclosures; or if the Member’s request to attend under the “Emergency Circumstances” exception is made but not approved, the Chairperson shall, at the start of the meeting prior to the attendance roll call, ask the remaining legislative body members for concurrence to disallow the Member’s attendance at the meeting.

After such concurrence, staff shall permit the Member to remain on the teleconference platform, but shall demote the Member to a passive attendee, and note the Member as absent for the attendance roll call, and in the meeting record.

1. Repeated inability or refusal to comply with the provisions of this policy, or related laws, may be grounds for consideration of dismissal of an Advisory Body Member by the City Council.

2. In the event a Member’s inability or refusal to attend a meeting by teleconference in compliance with this policy, or related laws, results in the Member being recorded as absent from the meeting, existing policies and laws regulating legislative body member absences (including Bylaw provisions for Advisory Body Members, and Government Code Section 36513 for Council
Members) shall apply.
• Other Compliance Measures
In addition to the above provisions relating the conduct of legislative body members, whenever at least one Member attends a meeting by teleconference under AB 2449, staff shall be responsible for other applicable compliance measures, including but not necessarily limited to the following:

Agenda Item #12.1.

24 1. Staff shall assure that each posted agenda provides, and describes, means by which all members of the public may observe or attend the meeting and offer public comment.

2. Staff shall assure that members of the public are allowed to make public comment in real time during all allotted public comment periods while attending at a Member’s teleconferencing location, and shall give sufficient time for interested parties to indicate their interest in speaking, and request the Member to unmute their device, in order to allow them to comment via the teleconference platform.

3. Staff shall give notice of, and implement, a procedure for swiftly resolving requests for reasonable accommodations for individuals with disabilities.

4. All votes taken at a meeting where any Member attends by teleconference under the provisions of AB 2449 shall be taken by roll call vote.
• Conflict Between Law and Policy
In the event this policy conflicts with applicable state law, as exists or may be amended in the future, state law shall control, and the validity of the remaining sections of this policy shall be unaffected.

2.24 Public Hearings
Public Hearings shall be scheduled and notice published without any action required by the City Council, excepting that the Council may, if it so desires, scheduled a Public Hearing on an item of interest for a date certain. In order to accommodate members of the public responding to a noticed Public Hearing, such Hearings will, to the extent practicable, begin at 6:00 p.m. At the time designated for the Public Hearing, or soon after as is practicable, the Mayor shall direct the attention of the Council Members to the Staff report and Staff may respond to questions from Council members, after which the Mayor shall formally open the Public Hearing and members of the public shall be allowed to speak in accordance with the rules set forth elsewhere in these Rules of Procedure.

When the allotted time expires, or when no one wishes to speak who has not done so, the Mayor shall declare the hearing closed.

Following the close of the Public Hearing, the Council may discuss or take action on the matter in accordance with these rules. The Mayor may in his or her discretion allow questions and/or comments from the public after close of Public Hearing.

Agenda Item #12.1.

25 2.25 Appointments to Committees and Boards
The City Clerk posts a Notice of Vacancy in the City designated posting locations, the City’s website and sends a Media Release to the St. Helena Star advertising vacancies to Commissions, Committees and Boards.

Applicants must submit a completed application to the City Clerk and shall be interviewed by the Council at a special meeting prior to a regular meeting.

Applicants are requested to list references on their applications and individual Council Members may contact those references as part of the interview process.

Council Members contacting references should disclose this information during the appointment process.

Council reviews applicants for appointments to Commissions, Committees and Boards based on interviews and qualifications. At a council meeting following completion of the interviews, the Council shall discuss the applicants and open positions, including the Council members’ preferences for applicants. Following these deliberations, the Mayor shall nominate applicants and appointments are subject to approval by the majority of Council.

Depending on the qualifications of the applicants and the needs of the City, there may be times when the City Council does not appoint an applicant who has applied. If an applicant is not appointed, the City Clerk will automatically readvertise for the vacant position(s) to seek additional applicants.

2.26 Protocol for Committees, Commissions and Boards (CCB) St. Helena Committees, Commissions and Boards (CCB) function under the direction of the City Council on behalf of the City and its residents. The Council establishes committees by ordinance or resolution defining the role, purpose and membership. While each one functions specific to its purpose, all must follow the same overriding principles which are herein defined.

This protocol is intended to provide general guidance, and is not intended to supersede or conflict with any provision of State law, the St. Helena Municipal Code or other ordinance adopted by the City Council, which in the event of any conflict shall control.

ROLE AND PURPOSE
The City Council determines a committee’s role and purpose at the time it is created, which should be defined clearly enough to easily communicate the purpose of the committee to the general public.

Committees may be 1) on-going standing committees, or 2) established for a specific purpose with an expected end date. Roles and purpose may be general or specific, but all will have a clearly defined goal, task or product.

Agenda Item #12.1.

26 Recommended changes in the role or purpose of a committee must be brought to the City Council to clarify how the proposed changes will provide improved or additional benefit.

MEMBERSHIP AND COMMITTEE STRUCTURE
The City Council defines the membership size by resolution or ordinance when establishing a committee. A committee consists of a minimum of five and a maximum of seven members, except the Planning Commission which consists only of five regular members. The Council may appoint up to two alternate members to serve on a committee in order to ensure a quorum can be reached if members cannot attend. City Council members and staff shall not sit as members on any committees. However, the City Council may, in its discretion, appoint two Council members in the composition of a City Council subcommittee for a specific purpose.

As required by State law, the Mayor shall nominate committee members from the pool of applicants, and they will be appointed only after a majority vote approval by the City Council. Applicants may choose to attend the City Council meeting and make a statement in support of their application before the Council votes on the appointment.

Residency. Committee members must reside within the St. Helena City limits.

The Council may approve an exception to this rule on a case-by-case basis. All five Planning Commissioners must live within the St. Helena City limits.

Member Terms. Committee members will serve two years from the date of appointment, except Planning Commissioners who will serve four years. Nonstanding committee membership will be based upon the timing of the specific project. In establishing a new committee, or when reducing existing terms from three years to two when those terms come up for reappointment, the Council may initially impose staggered terms consisting of one and two year terms.

Removal of a member may occur for reasons such as, but not limited to, excessive absences, Brown Act violations, and conduct violations. Excessive absences is defined as failing to attend 3 consecutive meetings or 6 75% of the meetings in a 12 month period. Recommendations to the City Council for removal may be made by a committee member, member of the public, staff member, or City Councilmember. Notwithstanding the foregoing, the City Council may in its discretion at any time vote to remove a member of any committee for any reason or none, with or without cause.

Committee Officers. Annually, a committee will select a chairperson and vice chairperson. No member may serve more than two consecutive years as chair, unless unanimously agreed upon by the Committee in a vote and approved by the City Council.

The chairperson runs the meeting in accordance with the agenda. The vice chairperson has the same powers and duties of the chair if the chair is absent or unable to act. If both the chair and vice-chair are absent or unable to act, the Agenda Item #12.1.