Cities Index.
Agenda, regular meeting

St. Helena City Council
May 27, 2025

Document
Agenda, regular meeting
Meeting
May 27, 2025
Body
St. Helena City Council
Pages
408
Original file
36.4 MB
Text extracted from the city's file for reading and search. Open the original on sthelenaca.api.civicclerk.com. That file is the official record.

City of St. Helena
Regular City Council Meeting
Tuesday, May 27, 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 MINUTES
Estimated start time: 6:05 p.m.

5.1. Consideration and proposed approval of Regular Meeting Minutes of May 13, 2025
Regular City Council - 13 May 2025 - Minutes
9 - 17

6. PUBLIC FORUM:

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

Estimated start time: 6:10 p.m.

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

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AB 1234 REPORTS:

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

Estimated start time: 6:20 p.m.

8. PRESENTATIONS AND PUBLIC RECOGNITIONS
Estimated start time: 6:25 p.m.

8.1. Update from Library Board of Trustees Chair, Deborah Claymon Boeschen
Presentation
19 - 24

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: 6:35 p.m.

10.1. Adopt a resolution accepting the proposed Cross Connection Control Plan for the City of St. Helena, approve the phased implementation schedule for initial hazard assessments of all water service connections and authorize submission to the California State Water Resources Control Board Division of Drinking Water in advance of the deadline of July 1, 2025.

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

Staff recommends that the City Council adopt the Resolution accepting the Cross Connection Control Plan for the City of St. Helena and approve the phased implementation schedule for initial hazard assessments of all water service connections.

Staff Report - Pdf
25 - 44

10.2. Consideration and proposed approval of a resolution adopting the Sidewalk Repair Cost-Share Program.

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

Staff recommends approval of the attached resolution.

Staff Report - Pdf
45 - 52

10.3. April 2025 Review and Forecasting of City Water Supply Availability. 53 - 58

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

Receive and file.

Staff Report - Pdf

10.4. Approval of a Resolution Authorizing the City Manager to Execute a Three-Year Professional Services Agreement with Del Rio Advisors for Municipal Finance Advisor Services at $10,000 per year for a total contract amount not-to-exceed $30,000, with an option to extend for two additional years.

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

Staff recommends approval of the attached resolution.

Staff Report - Pdf
59 - 102

10.5. Consideration and Approval of Resolution Approving a Budget Amendment of $779,498 to fund certain change orders for the Wastewater Treatment and Reclamation Plant Phase 1 Upgrades Project.

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

To adopt "Resolution Approving a Budget Amendment to Fund Certain Change Orders for the Wastewater Treatment and Reclamation Plant Improvement Project”.

Staff Report - Pdf
103 - 106

10.6. Adopt a Resolution authorizing the execution of a Professional Services Agreement with JSP Automation for the Lift Station Programmable Logic Controller (PLC) Upgrade at the Wastewater Treatment Plant for a total not-to-exceed amount of $68,805, which includes a base bid of $59,830 plus a 15% contingency, and authorize the City Manager to execute the agreement.

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

Approve the recommended action authorizing the City Manager to execute the Professional Services Agreement with JSP Automation for the Lift Station PLC Upgrade and SCADA integration.

Staff Report - Pdf
107 - 126

10.7. Second Reading and Proposed Approval of an Ordinance Amending Sections 13.04.100 and 13.04.130 of Article 1, Chapter 13.04, Title 13 of the St. Helena Municipal Code and Section 13.20.020 of Chapter

13.20, Title 13 of the St. Helena Municipal Code Regarding Changes to Utility Billing Cycle for Water Service and Sewer Service from BiMonthly to Monthly Billing, revise the bill due date provisions, and 127 - 146

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eliminate references to delinquency penalties.

CEQA Determination: Not a CEQA project
Prepared By: Martin Beltran, Finance Manager
Recommendation:

Adoption by title only and waive the second reading of the proposed Ordinance amending Sections 13.04.100 and 13.04.130 of Article 1, Chapter 13.04, Title 13 of the St. Helena Municipal Code and Section

13.20.020 of Chapter 13.20, Title 13 of the St. Helena Municipal Code Regarding Changes to Utility Billing Cycle for Water Service and Sewer Service from Bi-Monthly to Monthly Billing, revise the bill due date provisions, and eliminate references to delinquency penalties.

Staff Report - Pdf
Public Comment.Christopher Warner

11. PUBLIC HEARINGS
Estimated start time: 6:45 p.m.

11.1. Public Hearing on Vacancies, Recruitment and Retention Efforts in compliance with Assembly Bill 2561, Government Code Section 3502.3.

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

Receive and file.

Staff Report - Pdf
Presentation
147 - 162

12. OLD BUSINESS
Estimated start time: 7:00 p.m.

12.1. Review and Discuss Finance Committee Recommendations.

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

Review and provide directions.

Staff Report - Pdf
Presentation
Finance Committee Structural Deficit Letter
Finance Committee Budget Response
Public Comment.Finance Committee
163 - 182

13. NEW BUSINESS
Estimated start time: 7:30 p.m.

13.1. Approval of a Resolution authorizing the City Manager to execute a three-year Professional Services Agreement with Apex Technology Management for information technology management services in the 183 - 244

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amount of $250,542 for the first year and $268,542 per year for each subsequent year for a total not-to-exceed of $787,626 over a three-year term.

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

Staff recommends approval of the attached resolution.

Staff Report - Pdf

13.2. Direction Regarding Implementation of the DG Installation at Skate Park.

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

Staff recommends that the City Council direct staff to keep the already installed DG at the Skate Park.

Staff Report - Pdf
Presentation
Public Comment.Pam Smithers
245 - 261

13.3. Discussion and Direction Regarding the Use of Modular Housing Units at the Water and Wastewater Treatment Plants for Staff Housing.

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

Staff recommends that the City Council discuss and provide direction regarding the installation of modular, premanufactured housing units at the Water Treatment Plant (WTP) and Wastewater Treatment Plant (WWTP) to support the recruitment and retention of staff and use Water/Wastewater Enterprise Funds for this purpose.

Staff Report - Pdf
263 - 268

13.4. Consideration and Proposed Approval of a Resolution Adopting the Five-Year Capital Improvement Plan for Fiscal Years 2025-26 to 2029-

30. CEQA Determination: Not a CEQA project
Prepared By: Stephanie Killingsworth, Public Works Financial Analyst Recommendation:

Staff recommends City Council approve the attached Resolution.

Staff Report - Pdf
Presentation
269 - 408

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)

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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 June 10, 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 May 22, 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

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limitations periods and requirements, including timely service in addition to filing.

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

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

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MINUTES
City of St. Helena
Regular City Council Meeting
Tuesday, May 13, 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 Member Aaron Barak, Council Member Kate Spadarotto, and Council Member Billy Summers

Absent: None

1. CALL TO ORDER
Mayor Dohring called the meeting to order at 6:05 p.m.

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE
Mayor Dohring led the Pledge of Allegiance.

4. ADOPTION OF THE AGENDA
City Attorney Ethan Walsh pulled Item 11.1 to be heard at a date uncertain.

Council Member Kate Spadarotto moved to approve the amended agenda. The motion was seconded by Council Member Billy Summers and on voice vote carried by the following vote:

AYES: Mayor Paul Dohring, Vice Mayor Michelle Deasy, Council Member Aaron Barak, 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 April 22, 2025.

Vice Mayor Michelle Deasy moved to approve the Regular Meeting Minutes of April 22, 2025. The motion was seconded by Council Member Kate Spadarotto and on voice vote carried by the following vote:

Agenda Item #5.1.

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Regular City Council
May 13, 2025
AYES: Mayor Paul Dohring, Vice Mayor Michelle Deasy, Council Member Aaron Barak, Council Member Kate Spadarotto, and Council Member Billy Summers
NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None

6. PUBLIC FORUM:

Michelle Liu Covell and Christine Hale addressed the City Council.

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

7.1 Director of Community Services, Dave Jahns made a brief update on the fundraising goal for the 4th of July Fireworks display.

Program Director, Andrew Bradley announced that applications are open for Board and Commissions positions.

8. PRESENTATIONS AND PUBLIC RECOGNITIONS

8.1 Proclamation recognizing May as Historic Preservation Month presented to Executive Director of Napa County Landmarks, Christine French Executive Director of Napa County Landmarks, Christine French accepted the proclamation from Mayor Dohring.

8.2 Proclamation recognizing June as LGBTQ+ Pride Month presented to Kristina Skinner, Youth Advocate with LGBTQ Connection
Kristina Skinner, Youth Advocate accepted the proclamation on behalf of the LGBTQ Connection from Mayor Dohring.

8.3 Proclamation for National Public Works Week, May 18-24, 2025 presented to Director of Public Works, Joe Leach
CEQA Determination: Not a CEQA project
Prepared By: Rebecca White, Administrative Assistant
Director of Public Works, Joe Leach accepted the proclamation from Mayor Dohring.

8.4 Proclamation for National Police Week, May 11 -17, 2025 presented to Chief Chris Hartley
Police Chief, Chris Hartley accepted the proclamation from Mayor Dohring.

Agenda Item #5.1.

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Regular City Council
May 13, 2025

9. STAFF BRIEFING

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

10.1 Consideration and proposed approval of a resolution authorizing a ceremonial flag recognizing LGBTQ+ Pride Month during the month of June 2025.

CEQA Determination: Exempt
Prepared By: Andrew Bradley, Program Manager
Recommendation:

Approve a resolution authorizing the Progress Pride flag to be flown on the City's ceremonial flag pole during the month of June 2025.

10.2 Consideration and proposed adoption of a Resolution approving the project plans for Capital Improvement Projects S24-02 High Priority Pipeline Replacement, S18-70 Replace 1% of Sewer Mains Annually and the CDBG Downtown Sewer Lateral Replacement and authorizing the advertisement for bids.

CEQA Determination: Class I Categorical Exemption under Section 15301 of CEQA
Prepared By: Mario Traverso, Project Manager
Recommendation:

Approve the Resolution

10.3 This item was pulled.

Consideration and proposed adoption of a Resolution authorizing the execution of a license agreement with Tauzer Apiaries, Inc., for access to a portion of City property at 1 Chaix Lane for the placement and maintenance of honey bee hives.

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

Approve the attached resolution.

10.4 Adopt a Resolution authorizing 1) Amendment No. 1 to the SH Contract 2025- 005 existing Public Works Professional Services Agreement with Client First, a technology consulting LLC, to increase the contract amount by $60,000 for a total not-to-exceed amount of $75,840, and 2) Amendment No. 3 to SH contract 2023-28 the existing Community Development Professional Services Agreement with Client First, LLC, to increase the contract amount by $40,000 for a total not-to-exceed amount of $166,700 for additional services and Agenda Item #5.1.

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Regular City Council
May 13, 2025
support related to the integration and implementation of Central Square/eTRAKiT online permitting software.

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

Authorize:
1) Amendment No. 1 to the existing Professional Services Agreement 2025- 005 with Client First to increase the contract amount by $60,000, for a total notto-exceed amount of $75,840, for additional services related to the integration and implementation of Public Works permitting into the new Central Square online permitting software.
2) Amendment No. 3 to the existing Professional Services Agreement 2023-28 with Client First to increase the contract amount by $40,000, for a total not-toexceed amount of $166,700, for additional services related to the integration and implementation of Community Development permitting into the new Central Square online permitting software.

10.5 Approval of a Resolution Authorizing a Transfer in the Amount of $500,000 from Fund 741 - Street Capital Improvement to Fund 101 - General Fund.

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

Staff recommends approval of the attached resolution.

10.6 Adoption and second reading of an Ordinance approving Zoning Ordinance Amendment (ZOA 2025-001) to amend Chapter 17.22.030 of Title 17 of the St.

Helena Municipal Code to comply with recent changes to State law that impose new limits on local authority to regulate Accessory Dwelling Units (“ADUs”) and Junior Accessory Dwelling Units (“JADUs”) and provide other clean ups to the Code language for the purpose of clarity and consistency.

CEQA Determination: Exempt
Prepared By: Jackie Oneal, Senior Planner
Recommendation:

Adoption by title only and waive the second reading of the proposed Ordinance to:

1. Find that, pursuant to the California Public Resources Code Section 21080.17, the ordinance is statutorily exempt from CEQA which exempts the adoption of an accessory dwelling unit ordinance to implement the provisions of Section 65852.2 of the California Government Code; and

2. Approve and adopt Zoning Ordinance Amendment (ZOA 2025-001) to amend Section 17.22.030 of the St. Helena Municipal Code regarding ADU regulations.

Agenda Item #5.1.

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Regular City Council
May 13, 2025
Council Member Aaron Barak moved to approve items 10.1 and 10.2 and 10.4 through 10.6. The motion was seconded by Council Member Billy Summers and on roll call carried by the following vote:

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

10.3 Consideration and proposed adoption of a Resolution authorizing the execution of a license agreement with Tauzer Apiaries, Inc., for access to a portion of City property at 1 Chaix Lane for the placement and maintenance of honeybee hives.

Director of Public Works, Joe Leach provided information on the item.

Public Comment was received by Elaine de Man.

Discussion was turned over to Council where it was determined that more information was needed and staff was directed to meet with property owner before bringing item back.

11. PUBLIC HEARINGS

11.1 This item was pulled and will be continued to a date uncertain.

Introduction and waiver of the first reading of an ordinance approving Zoning Ordinance Amendment (ZOA 2025-002) to amend Table 17.16.030B and Chapter 17.34.050(A)(2)(f) of Title 17 of the St. Helena Municipal Code regarding exempting uncovered balconies, porches, decks and other structures from gross floor area.

CEQA Determination: CEQA; further, even if deemed a “project” subject to CEQA, exempt from CEQA under the common sense exemption set forth in Section 15061 (b)(3), in that it can be seen with certainty that the proposed action will have no impact on the environment.

Prepared By: Maya DeRosa, Community Development Director Recommendation:

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

1. Find that pursuant to CEQA guidelines Section 15061(b)(3) the project is Exempt; and

2. Approve and adopt Zoning Ordinance Amendment (ZOA 2025-002) to amend Table 17.16.030B and Chapter 17.34.050(A)(2)(f) of Title 17 of Agenda Item #5.1.

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Regular City Council
May 13, 2025
the St. Helena Municipal Code.

11.2 Introduction and First Reading of an Ordinance Amending Sections 13.04.100 and 13.04.130 of Article 1, Chapter 13.04, Title 13 of the St. Helena Municipal Code and Section 13.20.020 of Chapter 13.20, Title 13 of the St. Helena Municipal Code Regarding Changes to Utility Billing Cycle for Water Service and Sewer Service from Bi-Monthly to Monthly Billing, revise the bill due date provisions, and eliminate references to delinquency penalties.

CEQA Determination: Not a CEQA project
Prepared By: Martin Beltran, Finance Manager
Recommendation:

Staff recommends the City Council introduce and waive the first reading of the Ordinance amending Sections 13.04.100 and 13.04.130 of Article 1, Chapter

13.04, Title 13 of the St. Helena Municipal Code and Section 13.20.020 of Chapter 13.20, Title 13 of the St. Helena Municipal Code Regarding Changes to Utility Billing Cycle for Water Service and Sewer Service from Bi-Monthly to Monthly Billing, revise the bill due date provisions, and eliminate references to delinquency penalties.

Finance Manager, Martin Beltran presented on the item.

Mayor Dohring called for public comment; no public comment was received.

Discussion was turned over to Council.

Council Member Aaron Barak moved approve staff's recommendation on the item. The motion was seconded by Council Member Billy Summers and on roll call carried by the following vote:

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

11.3 Consideration and proposed approval of a Resolution approving the annexation of the property known as 1766 Sulphur Springs Ave, St. Helena, CA (APN 009-350-024), into the St. Helena Municipal Sewer District No. 1, MSD Annexation No. 151.

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

Agenda Item #5.1.

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Regular City Council
May 13, 2025
Staff recommends the City Council adopt a Resolution approving the annexation of the territory into the St. Helena Municipal Sewer District No. 1 MSD.

Director of Public Works, Joe Leach presented on the item.

Mayor Dohring called for public comment; no public comment was received.

Discussion was turned over to Council. Mayor Dohring asked that with future items on annexations, that the property owner be identified to Council to ensure that there are no conflicts of interest.

Council Member Aaron Barak moved to adopt resolution approving the annexation of the territory into the St. Helena Municipal Sewer District No. 1 MSD. The motion was seconded by Council Member Kate Spadarotto and on roll call carried by the following vote:

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

12. OLD BUSINESS

13. NEW BUSINESS

13.1 Presentation of FY 2025-26 and FY 2026-27 Proposed Operating Budget.

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

Review and provide staff with recommendations for the FY 2025-26 and FY 2026-27 Operating Budget.

City Manager Comelo and Administrative Services Director, Mandy Kellogg presented the item.

Mayor Dohring called for Public Comment; public comment was made by: Amy Carraba-Salazar, Kristen Cropper, Carl Dene, Christopher Kostow, Ahren Trumble, Eric Reichert, Rick Kaufman, Marcus Marquez
Mayor Dohring called for a 10-minute break at 8:12 p.m. Council resumed at 8:23 p.m.

Agenda Item #5.1.

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Regular City Council
May 13, 2025
Discussion was turned over to Council, during which questions and comments were made. The Council directed staff to review the proposed reduction in funding the Chamber of Commerce and to continue discussions and negotiations regarding the contract. The Council expressed a desire for increased involvement from the Chamber, including more frequent updates to the Council on the status of the partnership.

Staff was also directed to review impact, add the additional items to the budget of the dispatch consolidation with the City of Calistoga and additional contributions to CARES program. City Attorney Walsh will research the applicability of Water Districts as it relates to the CARES program and the requirements of Proposition 218.

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
Vice Mayor Deasy made a brief update regarding the Climate Action Committee.

Agenda Item #5.1.

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Regular City Council
May 13, 2025

15. ADJOURNMENT
Mayor Dohring adjourned the meeting at 8:50 p.m.

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

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St. Helena
Library Board
of Trustees
5/27/25
Agenda Item #8.1.

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Library Board of Trustees
Deborah Claymon Boeschen – Chair
Gillian Casey – Vice Chair
Courtenay Fletcher
Jonathan Furuta
Dana Johnson
Juana Navarro
Jack Stuart
Agenda Item #8.1.

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Mission of the Library
Provide a safe environment, free to all, with opportunities and resources to inspire lifelong learning, reading, discovery, and delight; to provide support for individual and community education and growth; and to connect members of our diverse community through welcoming spaces, outreach, expertise, technology, and innovation.

Vision of the Library
To foster the spirit of exploration, lifelong learning, joy of reading, and pursuit of information and knowledge for all and strives to support the growth of the community through education and empowerment.

Agenda Item #8.1.

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Priorities

1.Direction and Long-Term Efficacy

2.High-Level Review of Library Operations

3.Policy and Regulation

4.Community Feedback

5.Coordinate with FFSHPL
Agenda Item #8.1.

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Current Work Plan

1. Prioritize the Library’s Mission

2. Support the Library’s Leadership Team

3. Examine use of Library building

4. Pilot an Ex Officio Youth Board Member

5. Foster Connections Between the Library and the Community at Large Agenda Item #8.1.

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Accomplishments

1. Formation of new subcommittees to address board priorities Communications
Compliance
Organizational Sustainability
Technology
Youth Engagement

2. On boarded ex officio youth Board member

3. Policy revision bringing collection development policy inline with new State law

4. Adoption of new policies regarding display & exhibit materials and photography & filming in the Library
Agenda Item #8.1.

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Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: May 27, 2025
FROM: Ian Dale, Environmental Services Tech
SUBJECT: Adopt a resolution accepting the proposed Cross Connection Control Plan for the City of St. Helena,
approve the phased implementation schedule for initial
hazard assessments of all water service connections and authorize submission to the California State Water
Resources Control Board Division of Drinking Water in
advance of the deadline of July 1, 2025.

RECOMMENDED
ACTION:

Staff recommends that the City Council adopt the
Resolution accepting the Cross Connection Control Plan
for the City of St. Helena and approve the phased
implementation schedule for initial hazard assessments of all water service connections.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
PURPOSE:

The purpose of the Cross Connection Control Plan is to
protect the City of St. Helena's public water system from contamination caused by backflow through cross
connections. The plan establishes a proactive, systematic approach to identifying and eliminating cross connection hazards, ensuring the continued delivery of safe and
potable drinking water in compliance with state and federal regulations.

FINANCIAL IMPACT: There is no fiscal impact with the adoption of this policy.

Costs associated with testing and installation of backflow prevention devices on private property will be the
responsibility of the property owner, as provided in the SHMC Chapter 13.08.

BACKGROUND:

To protect the safety and integrity of the City of St. Helena's drinking water system, the City has developed a Cross Connection Control Plan in accordance with the California Safe Drinking Water Act and guidance from the State Water Resources Control Board Division of Drinking Water (DDW). Cross connections—actual or potential connections between potable water and sources of contamination or pollution—pose serious public health risks if not properly managed.

Agenda Item #10.1.

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The City's plan is based on the best practices outlined in the Cross-Connection Control Policy Handbook published by the DDW. This handbook provides detailed guidelines for the implementation of cross connection control programs across California.

DISCUSSION:

The Cross Connection Control Plan (CCCP) establishes a comprehensive framework for identifying, assessing, and mitigating cross connection hazards throughout the City’s water distribution system. It is consistent with the Safe Drinking Water Act and adheres to all applicable California regulations, including:
 California Code of Regulations Title 17 and Title 22
 Requirements and recommendations of the DDW
 Section 13.08 of the St. Helena Municipal Code related to water quality and backflow prevention
The plan outlines roles and responsibilities, establishes requirements for backflow prevention assemblies, sets inspection and maintenance schedules, and provides public education components.

Implementation Schedule:The initial phase of the CCCP involves a citywide hazard assessment of all water service connections. This assessment will be rolled out in three phases:

Phase 1: High-Risk Customers (Months 1-10)
 Identify and assess all known high-risk water users, including hospitals, laboratories, industrial facilities, and irrigation systems with chemical injection.  Require approved backflow prevention assemblies as needed.

Phase 2: Moderate-Risk Customers (Months 11-20)
 Assess medium-risk properties such as commercial buildings, schools, and multifamily residential units.  Notify property owners of compliance requirements and coordinate installation of necessary backflow devices.

Phase 3: Low-Risk Customers (Months 21-30)
 Evaluate all remaining residential customers and low-risk connections.  Educate the public on cross connection control and document any systems requiring protection.

Each phase will include outreach, on-site inspections, documentation, and enforcement where necessary. Annual re-assessments and device testing will follow the completion of the initial implementation.

ENVIRONMENTAL REVIEW:

This action is not a project under CEQA and is therefore exempt.

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GOAL:

Goal 2: Improve Infrastructure & Further Environmental Sustainability Goal 3: Pursue Water Security & Sustainable Management of Water Resources Goal 4: Provide Effective Community Information & Opportunities for Engagement DOCUMENTS ATTACHMENTS:

Resolution 2025- Cross Connection Control Plan COSH 2025 Agenda Item #10.1.

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CITY OF ST. HELENA
RESOLUTION NO. 2025-__

RESOLUTION AUTHORIZING ACCEPTING THE CROSS
CONNECTION CONTROL PLAN FOR THE CITY OF ST. HELENA

AND THE PHASED IMPLEMENTATION SCHEDULE FOR INITIAL

HAZARD ASSESSMENTS OF ALL WATER SERVICE

CONNECTIONS AND AUTHORIZE SUBMISSION TO THE

CALIFORNIA STATE WATER RESOURCES CONTROL BOARD

DIVISION OF DRINKING WATER IN ADVANCE OF THE DEADLINE
OF JULY 1, 2025.

RECITALS
A. The Cross Connection Control Plan (CCCP) establishes a comprehensive framework for identifying, assessing, and mitigating cross connection hazards throughout the City’s water distribution system.

B. The proposed plan is consistent with the Safe Drinking Water Act and adheres to all applicable California regulations, including:
• California Code of Regulations Title 17 and Title 22
• Requirements and recommendations of the California State Water Resources Control Board Division of Drinking Water
• Section 13.08 of the St. Helena Municipal Code related to water quality and backflow prevention
C. The plan includes a phased implementation schedule which includes a citywide hazard assessment of all water service connections.

D. This plan is required to be submitted no later than July 1, 2025.

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

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

2. Authorizing the City to adopt and implement the Cross Connection Control Plan ( Exhibit A) and implementation schedule for initial hazard assessments of all water service connections.

3. Authorize submission to the California State Water Resources Control Board Division of Drinking Water.

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Approved at a Regular Meeting of the St. Helena City Council on May, 27, 2025, by the following vote:

Mayor Dohring:

Vice Mayor Deasy:

Council Member Barak:

Council Member Spadarotto:

Council Member Summers:

APPROVED: ATTEST:
_______________________ _______________________
Paul Jamison Dohring, Mayor Erika Opp, Acting City Clerk Agenda Item #10.1.

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City of St. Helena CA2810004 CCC Plan
City of St Helena 1
Public Water System CA2810004 - City of St.

Helena
Cross-Connection Control Plan
(Based on the CA CCCPH 12-19-2023)
Water Division
Backflow Prevention and CCC Section
Exhibit A
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Content

1.0 Compliance ..............................................................................................................3

2.0 Evaluation of Hazard ...............................................................................................4

3.0 Legal Authority ........................................................................................................7

4.0 Backflow Prevention Requirements ……………….………………..........................7

5.0 Certification ............................................................................................................10

6.0 Incident Response .................................................................................................10

7.0 Cross Connection Control Personnel ..................................................................11

8.0 Tracking System …………………….……………....................................................12

9.0 Backflow Prevention Assembly Testing ..............................................................12

10.0 User Supervisor ...................................................................................................12

11.0 Corrective Actions ..…………………….…………………………….......................13

12.0 Public Outreach ……………………..…………………………………………………14

13.0 Local Entity Coordination ……………………………………………………………14

Agenda Item #10.1.

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Background
The City of St. Helena operates a community water system that provides potable water to residents, businesses, and institutions within its jurisdiction. According to the 2020 U.S. Census, the City serves a population of just over 5,400 people. As a public water purveyor, the City is responsible for ensuring the continued protection and integrity of its drinking water supply in accordance with federal and state regulations, including the California Code of Regulations Title 17 and Title 22.

The City’s water distribution system currently includes 2,139 single-family residential service connections, 100 multi-family residential connections, 273 commercial and institutional connections, 19 industrial connections, and 47 dedicated landscape irrigation connections. There are no active agricultural irrigation connections within the system.

Given the variety of service types and the potential for cross-connections—particularly in commercial, industrial, and irrigation applications—the City has developed this Cross-Connection Control Plan to proactively safeguard the public water supply. This plan outlines the policies, procedures, and practices necessary to prevent the backflow of contaminants or pollutants into the potable water system. It serves as a key component of the City’s broader water quality management strategy and regulatory compliance efforts.
(1) The City of St. Helena complies with all requirements of the California CCCPH Chapter 3

3.1.3 Program for Cross-connection Control (a) Implementation and enforcement: See minimum 10 elements

3.1.3 Program for Cross-connection Control (b) Program Developed w/ specialist if more than 1000 SVCS or Water Board Required

3.1.3 Program for Cross-connection Control (c) PWS Must have at least One Specialist (Permanent or contacted) for more 3K connections or Incident History or Directed by The State

3.1.4 Plan for CC Control (within 12 Months) or prior permit issuance, meet 13 minimum requirements, Current and accurate at all times.

3.1.4 Plan for CC Control meet 13 minimum requirements

3.1.4 Plan for CC Control Current and accurate at all times

3.2.1 Hazard assessments Initial

3.2.1 Hazard assessments Follow Up / Ongoing

3.2.2 Backflow Protection Meter Protection

3.2.2 Backflow Protection Swivel – ell
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3.2.2 Backflow Protection Fire System Retrofit within 10 years

3.2.2 Backflow Protection User Supervisor requirements

3.2.2 Backflow Protection Internal protection withing Plants

3.3.1 Standards for Approved Backflow Prevention Assemblies

3.3.2 Installation Criteria for Backflow Protection

3.3.3 Field testing and Repair of Backflow Prevention Assemblies and AG Inspections

3.4.1 Certified testers from Recognized Certifying Agencies

3.4.2 Certified Specialist from Recognized Certifying Agencies

3.5.1 Recordkeeping

3.5.2 Backflow Incident Response

3.5.3 Incident Notification
(2) Process, personnel and timeframes the City of St Helena has adopted for the completion of Initial and ongoing hazard assessments
A. Water System Survey.

1. The department shall review all requests for new services to determine if backflow prevention is needed. Plans and specifications must be submitted to the department upon request for review of possible cross-connection hazards as a condition of service for new service connections. If it is determined that a backflow prevention device is necessary to protect the public water system, the required device must be installed before service will be granted.

2. The department may require an on-premises inspection to evaluate cross-connection hazards.

The department will transmit a written notice requesting an inspection appointment to each affected water user. Any customer which cannot or will not allow an on-premises inspection of his or her piping system shall be required to install the backflow prevention device the department considers necessary.

3. The department may, at its discretion, require a reinspection for cross-connection hazards of any premises to which it serves water. The department will transmit a written notice requesting an inspection appointment to each affected water user. Any customer which cannot or will not allow an on-premises inspection of their piping system shall be required to install the backflow prevention device the department considers necessary.

4. Additional hazard assessments will be performed if any one of the following occurs.

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• A user premises changes account holder (excluding single-family residences) • A user premises is newly or re-connected
• Evidence exists of changes in the activities or materials on a user premises • Backflow occurs from a user premises
• The State Water Board requests a hazard assessment
• The previous hazard assessment may no longer accurately represent the degree of hazard B. Initial Hazard Assessment

1. To evaluate the potential for backflow into the PWS, the Department will conduct an initial hazard assessment of residential and non-residential premises within our service area by 2028.

The hazard assessment will consider: (1) The existence of cross-connections; (2) the type and use of materials handled and present, or likely to be, on the user premises; (3) the degree of piping system complexity and accessibility; (4) access to auxiliary water supplies, pumping systems, or pressure systems; (5) distribution system conditions that increase the likelihood of a backflow event (e.g., hydraulic gradient differences impacted by main breaks and high water demand situations, multiple service connections that may result in flow-through conditions, etc.); (6) user premises accessibility; (7) any previous backflow incidents on the user premises; and (8) the requirements and information provided in the CCCPH.

2. Each hazard assessment must identify the degree of hazard to the PWS’s distribution system as either a high hazard cross-connection, a low hazard cross connection, or having no hazard.

3. The hazard assessment must determine whether an existing BPA, if any, provides adequate protection based on the degree of hazard.

4. A cross-connection control specialist must review or conduct each initial and follow up hazard assessment pursuant to this section and make a written finding that, in the specialist’s judgment based on cross-connection control principles, the PWS’s hazard assessment properly identified all hazards at the time of the assessment, the appropriate degree of hazards, and the corresponding backflow protection.

C. Ongoing Hazard Assessments
To maintain the safety and integrity of the public water supply by continuously identifying, monitoring, and mitigating cross connection hazards through a structured and proactive approach.

1. Regular Review & Update of Customer Database
• Maintain and update an inventory of all service connections by classification (industrial, commercial, residential, etc).
• Track changes such as new construction, remodeling, or changes in facility use that could alter hazard potential.
• Use billing, permitting, and GIS data to flag new or modified connections for assessment.

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2. Risk-Based Reassessment Schedule
Reassess hazards on a schedule based on risk level:

Hazard Level Frequency of Reassessment
High Risk Every 1 to 2 years
Moderate Risk Every 3 to 5 years
Low Risk Every 5 to 10 years
• Establish a rotation schedule to reassess a portion of properties each year.

3. Ongoing Site Inspections
• Conduct scheduled site visits for high-risk facilities (e.g., chemical plants, medical centers, car washes).
• Include cross connection evaluations during routine water service inspections or meter replacements.
• Collaborate with building/plumbing inspectors for shared site visit opportunities.

4. New Connection and Change-of-Use Reviews
• Require hazard evaluations for:
o All new water service applications
o Changes in occupancy or building use
o Renovations requiring plumbing permits
• Integrate CCC reviews into local permitting and development processes.

5. Backflow Assembly Testing & Compliance Tracking
• Maintain a database of:
o Installed backflow prevention assemblies
o Annual test results and certifications
o Testing due dates and compliance status
• Notify customers in advance of testing deadlines.
• Enforce penalties or water shutoff for continued non-compliance.

6. Customer Education & Outreach
• Periodically distribute materials on:
o Identifying cross connections
o Maintaining irrigation and pool systems
• Offer training or info sessions for businesses and industrial users.

7. Complaint and Incident Follow-Up
• Investigate complaints or reports of backflow events or unusual water quality.

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• Update hazard assessments based on findings and enforce corrective actions.

8. Coordination with Local Entities
• Maintain ongoing collaboration with:
o Local health departments
o Fire department (re: fire protection systems)
o Building and plumbing code officials
• Share data, coordinate inspections, and ensure alignment of enforcement practices.

9. Documentation and Reporting
• Keep detailed records of:
o Site inspections and reassessments
o Assembly test results and enforcement actions
o Hazard level changes and mitigation steps
• Prepare regular summary reports for internal review or regulatory agencies.

10. Program Evaluation & Continuous Improvement
• Conduct annual internal reviews of the CCC program’s performance. • Adjust hazard assessment criteria, inspection schedules, and enforcement procedures as needed.
• Stay updated on changes to state/federal CCC regulations and standards. (3) The Legal Authority of the City of St. Helena to Implement and Achieve Compliance of its Cross-Connection Control
Program
The City of St. Helena City Code Title 13 Public Services Cross – Connection Control Program

13.08.010 Purpose

13.08.020 Definitions

13.08.030 Cross – connection protection requirements

13.08.050 User supervisor

13.08.060 Administrative procedures

13.08.070 Water service termination
(4) Backflow Prevention Requirements
A. Approved Backflow Prevention Devices.

1. Only backflow prevention devices which have been approved by the department shall be acceptable for installation by a water user connected to the department’s potable water system.

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2. The department will provide a list of approved backflow prevention devices to any affected customer upon request.

B. Type of Protection Required.

1. The type of protection that shall be provided to prevent backflow into the approved water supply shall be commensurate with the degree of hazard that exists on the consumer’s premises. The type of protective device that may be required (listing in an increasing level of protection) includes: double check valve assembly (DC), reduced pressure principle back-flow prevention device (RP), and an air-gap separation (AG). The water user may choose a higher level of protection than required by the department. The minimum types of backflow protection required to protect the approved water supply at the user’s water connection to premises, with varying degrees of hazard, are given in the following table. Situations which are not covered in the following table shall be evaluated on a case by case basis and the appropriate backflow prevention shall be determined by the department or health agency.

TYPE OF BACKFLOW PREVENTION REQUIRED
Degree of Hazard Minimum Type of Backflow Prevention
a. Sewage and Hazardous Substances.
i. Premises where the public water system is used to supplement the reclaimed water supply.

AG
ii. Premises where there are wastewater pumping and/or treatment plants and there is no interconnection with the potable water system. This does not include a singlefamily residence that has a sewage lift pump. An RP may be provided in lieu of an AG if approved by the health agency and the department.

AG
iii. Premises where reclaimed water is used and there is no interconnection with the potable water system. An RP may be provided in lieu of an AG if approved by the health agency and the department.

AG
iv. Premises where hazardous substances are handled in any manner in which the substances may enter a potable water system. This does not include a single-family residence that has a sewage lift pump. An RP may be provided in lieu of an AG if approved by the health agency and the department.

AG
v. Premises where there are irrigation systems into which fertilizers, herbicides, or pesticides are, or can be, injected.

RP
b. Auxiliary Water Supplies.
i. Premises where there is an unapproved auxiliary water supply which is interconnected with the public water system. An RP or DC may be provided in lieu of an AG if approved by the health agency and the department.

AG
ii. Premises where there is an unapproved auxiliary water supply and there are no interconnections with the public water system. A DC may be provided in lieu of an RP if approved by the health agency and department.

RP
c. Fire Protection Systems.

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i. Premises where the fire system is directly supplied from the public water system and there is an unapproved auxiliary water supply on or to the premises (not interconnected).

DC
ii. Premises where the fire system is supplied from the public water system and interconnected with an unapproved auxiliary water supply. An RP may be provided in lieu of an AG if approved by the health agency and department.

AG
iii. Premises where the fire system is supplied from the public water system and where either elevated storage tanks or fire pumps which take suction from the private reservoirs or tanks are used.

DC
d. Dockside Watering Points and Marine Facilities. DC
i. Pier hydrants for supplying water to vessels for any purpose. RP ii. Premises where there are marine facilities. RP
e. Premises where entry is restricted so that inspections for cross-connections cannot be made with sufficient frequency or at sufficiently short notice to ensure that cross-connections do not exist.

RP
f. Premises where there is a repeated history of cross-connections being established or reestablished.

RP

2. Two or more services supplying water from different street mains to the same building, structure, or premises through which an interstreet main flow may occur, shall have at least a standard check valve on each water service to be located adjacent to and on the property side of the respective meters. Such check valve shall not be considered adequate if backflow prevention is deemed necessary to protect the department’s mains from pollution or contamination; in such cases the installation of approved backflow prevention devices at such service connections shall be required.

C. Backflow Prevention Device Installation. Backflow prevention devices shall be installed in a manner prescribed in Section 7603, Title 22 of the California Administrative Code. Location of the devices should be as close as practical to the user’s connection. The department shall have the final authority in determining the required location of a backflow prevention device.

1. Air-Gap Separation (AG). The air-gap separation shall be located on the user’s side of and as close to the service connection as is practical. All piping from the service connection to the receiving tank shall be above grade and be entirely visible. No water use shall be provided from any point between the service connection and the air-gap separation. The water inlet piping shall terminate a distance of at least two pipe diameters of the supply inlet, but in no case less than one inch above the overflow rim of the receiving tank.

2. Reduced Pressure Principle Backflow Prevention Device (RP). The approved reduced pressure principle backflow prevention device shall be installed on the user’s side of and as close to the service connection as is practical. The device shall be installed a minimum of twelve (12) inches above grade and not more than thirty-six (36) inches above grade measured from the bottom of the device and with a minimum of twelve (12) inches side clearance. The device shall be installed so that it is readily accessible for maintenance and testing. Water supplied from any point between the service connection and the reduced pressure device shall be protected in a manner approved by the department.

Agenda Item #10.1.

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3. Double Check Valve Assembly (DC). The approved double check valve assembly shall be located as close as practical to the user’s connection and shall be installed above grade, if possible, and in a manner where it is readily accessible for testing and maintenance. If a double check valve assembly is put below grade it must be installed in a vault such that there is a minimum of six inches between the bottom of the vault and the bottom of the device, so that the top of the device is no more than a maximum of eight inches below grade, so there is a minimum of six inches of clearance between the side of the device with the test cocks and the side of the device and the side of the vault. Special consideration must be given to double check valve assemblies of the “Y” type. These devices must be installed on their side with the test cocks in a vertical position so that either check valve may be removed for service without removing the device. Vaults which do not have an integrated bottom must be placed on a three-inch layer of gravel.

D. Backflow Prevention Device Testing and Maintenance. The owners of any premises on which, or on account of which, backflow prevention devices are installed, shall have the devices tested by a person who is certified pursuant to state law. Backflow prevention devices must be tested at least annually and immediately after installation, relocation or repair. The department may require a more frequent testing schedule if it is determined to be necessary. No device shall be placed back in service unless it is functioning as required. These devices shall be serviced, overhauled, or replaced whenever they are found to be defective and all costs of testing, repair, and maintenance shall be borne by the water user.

E. Customer Notification—Device Installation.

1. The department will notify the water user of the survey findings, listing corrective action to be taken if required. A period of sixty (60) days will be given to complete all corrective action required, including installation of backflow devices.

2. A second notice will be sent to each water user which does not take the required corrective action prescribed in the first notice within the sixty (60) day period allowed. The second notice will give the water user a two-week period to take the required corrective action. If no action is taken within the twoweek period, the department may terminate water service to the affected water user until the required correction actions are taken.
(5) Certifications Requirements for Individuals Field Testing and Inspecting Backflow Prevention Assemblies, Including Tester Certification, Test Kit Calibration, and Field Test Reports All Individuals field testing and inspecting backflow prevention assemblies in our jurisdiction are required to be Certified Backflow Prevention Assembly Testers by an ANSI accredited or DDW recognized organization and provide a certificate number to the PWS. All testers field kits must have calibration certifications and must provide all BPA test reports for each device tested and inspected to the PWS. (6) Backflow Incidents response
At each premises where it is necessary, in the opinion of the department, the user supervisor Ian Dale Environmental Services Technician – Cross Connection Control Specialist shall be designated at the expense of the water user. This user supervisor shall be responsible for the monitoring of the backflow Agenda Item #10.1.

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prevention devices and for avoidance of cross-connection. In the event of contamination of pollution of the drinking water system due to a cross-connection on the premises, the department shall be promptly notified by the user supervisor so that appropriate measures may be taken to overcome the contamination. The water user shall inform the department of the user supervisor’s identity on, as a minimum, an annual basis and whenever a change occurs.

In the event of a suspected or known backflow incident, I certify that our PWS system will:

Respond and investigate all suspected backflow incidents by responding to and documenting complaints, conducting water quality sampling, and checking pressure. Notify regulatory agency within 24 hours of discovering a known or suspected backflow event.

Regulatory authority contact information:

State Water Resources Control Board
Division of Drinking Water, Santa Rosa Office
707-576-2145
[email protected]
If directed by the regulatory agency, notify customers with appropriate public notification within 24 hours. Complete a backflow incident report at the request of the regulatory agency. (7) City of St. Helena Contact Information for Cross-Connection Control Personnel
Cross-Connection Control Section | Underground Utilities Division Cross Connection Program Coordinator | Ian Dale
City of St. Helena | Department of Public Works
1088 College Ave
St. Helena, CA 94574
707-967-2794 Office
Name Title Cell Email Area of
Oversight
Ian Dale Environmental
Services
Technician
707-312-1372 [email protected] Cross
Connection
Control
Specialist
David
Valerga
Underground
Utilities
Superintendent
707-339-2758 [email protected] Cross
Connection
Control
Specialist
Carlos
Uribe
Assistant
Operations
Manager
707-486-6144 [email protected] Manager
Lesley
Milton
Deputy City
Manager
707-320-7904 [email protected] Manager
Agenda Item #10.1.

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Joseph
Leach PE
Public Works
Director - City
Engineer
707-690-2793 [email protected] Director
Michele
Ferrell
Chief Water
Plant Operator
916-416-0191 [email protected] Water
Treatment
(8) Tracking System
The City will maintain the following records:
(1) The two most recent hazard assessments for each user premise, conducted pursuant to CCCPH section 3.2.1 (Hazard Assessment); (2) for each BPA, the associated hazard or application, location, owner, type, manufacturer and model, size, installation date, and serial number; (3) for each AG installation, the associated hazard or application and the location, owner, and as-built plans of the AG; (4) results of all BPA field testing, AG inspection, and swivel-ell inspections and field tests for the previous three calendar years, including the name, test date, repair date, and certification number of the backflow prevention assembly tester for each BPA field test and AG and swivel-ell; (5) repairs made to, or replacement or relocation of, BPAs for the previous three calendar years; (6) the most current cross-connection tests (e.g. shutdown test, dye test); (7) if a user supervisor is designated for a user premise, the current contact information for the user supervisor and water user, and any applicable training and qualifications as described by CCCPH section 3.2.2(f); (8) descriptions and follow-up actions related to all backflow incidents; (9) if any portion of the cross-connection control program is carried out under contract or agreement, a copy of the current contract or agreement; (10) the current Cross-Connection Control Plan as required in CCCPH section 3.1.4.; and (11) any public outreach or education materials issued as required in CCCPH section 3.1.3.(a)(9) for the previous three calendar years. (9) Backflow Prevention Assembly Testing
Customer Notification—Testing and Maintenance.

1. The department will notify each affected water user when it is time for the backflow prevention device installed on their service connection to be tested. This written notice shall give the water user thirty (30) days to have the device tested and supply the water user with the necessary form to be completed and resubmitted to the department.

2. A second notice shall be sent to each water user which does not have his or her backflow prevention device tested as prescribed in the first notice within the thirty (30) day period allowed. The second notice will give the water user a two-week period to have his or her backflow prevention device tested.

If no action is taken within the two-week period, the department may terminate water service to the affected water user until the subject device is tested. (10) User Supervisors
At each premises where it is necessary, in the opinion of the department, a user supervisor shall be designated by and at the expense of the water user. This user supervisor shall be responsible for the monitoring of the backflow prevention devices and for avoidance of cross-connection. In the event of Agenda Item #10.1.

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contamination of pollution of the drinking water system due to a cross-connection on the premises, the department shall be promptly notified by the user supervisor so that appropriate measures may be taken to overcome the contamination. The water user shall inform the department of the user supervisor’s identity on, as a minimum, an annual basis and whenever a change occurs. (11) Corrective Actions
In coordination with St. Helena Municipal Code Section 13.08.040 Backflow Prevention Devices.

Backflow Prevention Device Removal. Approval must be obtained from the department before a backflow prevention device is removed, relocated, or replaced.

1. Removal. The use of a device may be discontinued and the device removed from the service upon presentation of sufficient evidence to the department to verify that a hazard no longer exists or is not likely to be created in the future;

2. Relocation. A device may be relocated following confirmation by the department that the relocation will continue to provide the required protection and satisfy installation requirements.

A retest will be required following the relocation of the device;

3. Repair. A device may be removed for repair, provided the water use is either discontinued until repair is completed and the device is returned to service, or the service connection is equipped with other backflow protection approved by the department. A retest will be required following repair of the device; and

4. Replacement. A device may be removed and replaced provided the water use is discontinued until the replacement device is installed. All replacement devices must be approved by the department and must be commensurate with the degree of hazard involved.

A. In General. When the department encounters water uses that represent a clear and immediate hazard to the potable water supply and that cannot be immediately abated, the department shall institute the procedure for discontinuing the department service.

B. Basis For Termination. Conditions or water uses that create a basis for water service termination shall include, but are not limited to, the following items:

1. Refusal to install a required backflow prevention device;

2. Refusal to test a backflow prevention device;

3. Refusal to repair a faulty backflow prevention device;

4. Refusal to replace a faulty backflow prevention device;

5. Direct or indirect connection between the public water system and a sewer line;

6. Unprotected direct or indirect connection between the public water system and a system or equipment containing contaminants;
Agenda Item #10.1.

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7. Unprotected direct or indirect connection between the public water system and an auxiliary water system; or

8. A situation which presents an immediate health hazard to the public water system.

C. Water Service Termination Procedures.

1. For conditions in subsection (B)(1), (2), (3) or (4) of this section, the department will terminate service to a customer’s premises after two written notices have been sent specifying the corrective action needed and the time period in which it must be done. If no action is taken within the allowed time period, water service may be terminated.

2. For conditions in subsection (B)(4), (5), (6), (7) or (8) of this section, the department will take the following steps:
a. Make reasonable effort to advise water user of intent to terminate water service; and b. Terminate water supply and lock service valve. The water service will remain inactive until correction of violations has been approved by the department.
(12) Public Outreach
The department will provide public outreach and education through a variety of methods to include, (1) cross connection control and backflow protection periodic utility bill inserts, (2) pamphlet distribution, (3) consumer confidence reports, (4) public events, and (5) website. (13) Local Entity Coordination
The department will coordinate with local entities when applicable that may have a role or interest in cross connection control. These can include:
• Local health departments
• Building/plumbing code enforcement agencies
• Fire departments (for fire sprinkler systems)
• Industrial/commercial facility managers
• Local plumbing contractors and engineers
Ensure the CCC plan aligns with local plumbing codes, ordinances, and health regulations. Coordinate with:
• Building department to ensure that backflow prevention requirements are integrated into permitting and inspection processes
• Local health officials to report and manage any cross connection hazards Distribute the CCC program requirements and technical specifications, such as:
• Approved types of backflow prevention assemblies
• Installation requirements
Agenda Item #10.1.

Page 43 of 408 ends

City of St. Helena CA2810004 CCC Plan
City of St Helena 15
• Testing and maintenance procedures Ensure consistency in standards Joint responses for contamination incidents due to backflow, including:
• Emergency contact protocols
• Notification procedures
• Public advisories and boil water notices, if necessary Agenda Item #10.1.

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Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: May 27, 2025
FROM: Rebecca White, Administrative Assistant
SUBJECT: Consideration and proposed approval of a resolution adopting the Sidewalk Repair Cost-Share Program.

RECOMMENDED
ACTION:

Staff recommends approval of the attached resolution.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
PURPOSE:

Authorize the adoption of the Sidewalk Repair Cost-Share Program.

FINANCIAL IMPACT: The proposed allocation for the program for Fiscal Years 25-26 and 26-27 is $50,000 per year and may vary per
budget cycle.

BACKGROUND:

The sidewalk network within the City of St. Helena is a vital component of the public infrastructure, supporting safe pedestrian travel to schools, parks, transit stops, and local businesses. Sidewalks also serve recreational and community-building purposes by promoting walkability and active lifestyles.

Under Section 12.08 of the St. Helena Municipal Code, the maintenance and repair of sidewalks are the responsibility of the adjacent property owner, and property owners must ensure their sidewalks do not pose a hazard to the public or interfere with pedestrian use.

Historically, the financial burden of sidewalk repairs has created a barrier for some property owners, resulting in deferred maintenance and an increased risk of injury and liability. To address this, staff has developed a Sidewalk Repair Cost-Share Program that provides partial reimbursement to eligible property owners who repair hazardous sidewalk conditions.

The Sidewalk Repair Cost-Share Program was presented to the Active Transporation and Sustainability Committee for feedback and approval and was approved by the committee at the April 2, 2025, meeting.

DISCUSSION:

The Sidewalk Repair Cost-Share Program aims to enhance public safety, reduce liability, and preserve the integrity of the City's sidewalk infrastructure by offering financial assistance to property owners undertaking eligible sidewalk repairs.

Agenda Item #10.2.

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Key features of the program include:
 Eligibility: Open to property owners who (1) receive a notice under Municipal Code Section 12.08 requiring sidewalk repair, or (2) proactively request inspection and are determined by the Director of Public Works to have qualifying sidewalk conditions.
 Scope: Applies to existing and future sidewalks within the public right-of-way in the City’s incorporated boundaries. Sidewalks under other jurisdictions, such as Caltrans, are not eligible.
 Application Process: Property owners must apply prior to commencing any repair work. Reimbursement will be provided only after:
o The sidewalk repair is inspected and approved by Public Works. o All receipts and documentation are submitted within 30 days of final inspection.
 Permitting Requirements: An encroachment permit is required for all sidewalk work within the public right-of-way. All repairs must conform to City Standards.  Funding & Reimbursement: For Fiscal Year 2025–2026, staff recommends allocating $50,000 from the General Fund. Eligible property owners may be reimbursed for up to 50% of the totalrepair cost, with a maximum City contribution of $2,500 per parcel, per fiscal year, subject to the availability of program funds.

Staff believes this program will promote timely sidewalk maintenance, enhance pedestrian safety, and encourage community investment in neighborhood infrastructure.

Pending Council approval, Public Works will proceed with program implementation in FY 25/26.

ENVIRONMENTAL REVIEW: No applicable.

GOAL:

Goal 2: Improve Infrastructure & Further Environmental Sustainability Goal 5: Enhance Quality of Life
DOCUMENTS ATTACHMENTS:

Draft Sidewalk Policy
Draft Sidewalk Policy Steps
Draft Sidewalk Policy Application
Resolution
Agenda Item #10.2.

Page 46 of 408 ends

City of St. Helena
Public Works Department
1088 College Ave. | St. Helena, CA 94574
(707) 967-2792 | cityofsthelena.gov
DRAFT
CITY OF ST. HELENA SIDEWALK REPAIR COST-SHARE PROGRAM

1. Purpose: The City of St. Helena’s Sidewalk Repair Cost-Share Program is intended to minimize potential hazards caused by cracked and damaged sidewalks. The sidewalk system is an essential part of the City’s infrastructure facilitating safe pedestrian movement to destinations such as schools, stores, bus stops, and parks. Sidewalks also serve as a recreational space supporting walking and running which in turn helps reduce congestion and pollution and promotes healthier lifestyles and stronger communities.

The sidewalk repair cost-share program aims to address safety concerns and ensure continued accessibility of public sidewalks for all members of the community by helping property owners recover a portion of their sidewalk repair costs.

2. Background: Property owners are responsible for maintaining the sidewalk in front of their property. City of St. Helena Municipal Code Section 12.08.010 states property owners fronting any portion of a public street within City limits shall maintain the sidewalk in such a manner that the sidewalk will not endanger any persons or property and will not interfere with the public use of the sidewalk.

3. Scope: This program is applicable to all areas with existing sidewalks in the public rightof-way within the City of St. Helena incorporated boundaries and will apply to other sidewalks in the public right-of-way that may be built. This program will not apply to sidewalks maintained by other agencies such as the California Department of Transportation (Caltrans).

4. Eligibility: Property owners who have been notified of required sidewalk repairs under the City of St. Helena Municipal Code Section 12.08 are eligible to apply for the Sidewalk Repair Cost-Share Program to help offset repair costs, prior to any enforcement action being taken by the City due to non-compliance.

Any property owner interested in proactively addressing a sidewalk hazard and participating in the program may contact the Public Works Department. Following an inspection, the Director of Public Works will determine whether a sidewalk repair is necessary and, if so, a property owner may apply for the Sidewalk Repair Cost-Share Program.

Agenda Item #10.2.

Page 47 of 408 ends

Page | 2

5. Application: Any property owner who wishes to participate in the Sidewalk Repair CostShare program must submit an application prior to the commencement of any work.

Applicants may only receive reimbursement once all repairs have been completed to City standards, as inspected and approved by the Director of Public Works. Property owners are required to submit a quote for the cost of the work with their application. Property owners are required to submit a copy of the contractor’s billing statement and/or any other applicable receipts for reimbursement. Receipts must be submitted to [email protected] within 30 days of the final Public Works inspection of the sidewalk repair. Property owners are eligible for reimbursement directly; contractors and other parties may not receive reimbursement.

6. Repairs: Applicants must obtain an encroachment permit for any work performed in the public right-of-way. All repairs shall conform to the City of St. Helena Public Works Standards as noted on the approved encroachment permit.

7. Funding: Funding for the Sidewalk Repair Cost-Share Program will be provided through the General Fund. The allocation may vary each fiscal year. Pending City Council approval, Public Works has proposed a $50,000 allocation for the program in Fiscal Year 25/26. Applicants are eligible for reimbursement of up to 50% of repair costs, with a maximum City contribution of $2,500 per parcel, per fiscal year, subject to the availability of program funds.

Agenda Item #10.2.

Page 48 of 408 ends

City of St. Helena
Public Works Department
1088 College Ave. | St. Helena, CA 94574
(707) 967-2792 | cityofsthelena.gov
Steps for the Sidewalk Repair Cost-Share Program

1. Receive a quote from a licensed contractor for the cost of the sidewalk repair or receive quotes for cost of materials if performing the work yourself.

Having trouble finding a licensed contractor? Contact the Public Works Department for more information: (707) 968-2658 or [email protected].

2. Submit a Sidewalk Repair Cost-Share Program application with the contractor’s quote or cost of materials quote attached.

3. Once your application is approved, the contractor or property owner performing the work must begin by submitting an encroachment permit application.

Applications may be submitted online here: Public Works Permits.

Encroachment permits carry a $750 fee which is paid at the time of the permit submittal. The cost of this permit has been factored into the total eligible reimbursement amount.

4. Once the approved encroachment permit is received, work to the sidewalk may begin. All work must be performed to the conditions and standards outlined on the permit, which includes a final inspection by the Public Works Department.

5. The applicant shall submit a copy of the contractor’s billing statement and/or any other applicable receipts for reimbursement to [email protected] within 30 days of the final Public Works Inspection, as well as a completed IRS W-9 form.

6. Staff issues qualified reimbursement to the applicant’s mailing address listed on their application.

Agenda Item #10.2.

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Draft Application for Sidewalk Repair Cost-Share Program Application Received By: _______________
Date: _______________

1. Property Owner:

2. Property Address:

3. Mailing Address:

4. Email Address: ______________________________________________________________________

5. Phone Number:

6. Contractor's Name
& Number: _____________________________________________________

7. Description of Scope of Work to be Performed:

8. I have received written notification from the City of St. Helena stating that a repair to the sidewalk that fronts the above address is necessary: Yes No

9. I have attached a copy of the contractor’s quote for the cost of the repair or I am performing the work myself and have attached a quote for the cost of materials for the repair: Yes No • I have read and understand the Sidewalk Repair Cost-Share Program policy. • I understand an encroachment permit is required for any work in the City right-of-way and all repairs must adhere to the applicable City Standards to qualify for reimbursement. • I understand I must submit a copy of the contractor's billing statement and/or any other applicable receipts within 30 days of Public Works' final inspection of the repairto receive reimbursement. • I acknowledge and certify that any contractor engaged in the performance of work for these repairs will comply with all applicable provisions of the California Prevailing Wage Law, as stipulated under the California Labor Code. • I understand any unexpected conditions and additional costs incurred during approved construction shall be reviewed and approved by the Public Works Department for reimbursement prior to those additional costs being incurred with 50% reimbursement anticipated, capped at $2,500. • I understand an IRS W-9 form must be submitted to receive reimbursement.

PROPERTY OWNER SIGNATURE DATE
____________________________________________________________________________________________ APPROVED: DIRECTOR OF PUBLIC WORKS SIGNATURE DATE
Agenda Item #10.2.

Page 50 of 408 ends

CITY OF ST. HELENA
RESOLUTION NO. 2025-__

CONSIDERATION AND PROPOSED APPROVAL OF A

RESOLUTION AUTHORIZING THE ADOPTION OF THE SIDEWALK
REPAIR COST-SHARE PROGRAM.

RECITALS
A. Public sidewalks are an essential component of the City’s public infrastructure which support safe pedestrian travel to schools, parks, transit stops, and local businesses, and serve recreational and community-building purposes by promoting walkability and health lifestyles; and
B. The St. Helena Municipal Code Section 12.08 states that property owners are responsible for maintaining the sidewalk in front of their property and sidewalks shall be maintained in a manner that does not endanger any person or property and will not interfere with the public use of the sidewalk; and
C. The financial burden of sidewalk repairs has created a barrier for some property owners in repairing their sidewalks in a timely manner; and D. Deferred maintenance of public sidewalks increases the risk of injury and liability; and
E. Staff has created the Sidewalk Repair Cost-Share Program to assist property owners financially with repairs to hazardous sidewalk conditions.

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

1. Authorizes the adoption of the Sidewalk Repair Cost-Share Program.

Approved at a Regular Meeting of the St. Helena City Council on May 27, 2025, by the following vote:

Mayor Dohring:

Vice Mayor Deasy:

Agenda Item #10.2.

Page 51 of 408 ends

Council Member Barak:

Council Member Spadarotto:

Council Member Summers:

APPROVED: ATTEST:
________________________ ________________________
Paul Jamison Dohring, Mayor Erika Opp, Acting City Clerk Agenda Item #10.2.

Page 52 of 408 ends

Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: May 27, 2025
FROM: Ian Dale, Environmental Services Tech
SUBJECT: April 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 April 2025. The water produced for April 2025 is up by 8% when compared to April 2024 and is down by 36% compared to the average of April 2018-2020. Below is a chart summarizing the water produced per source:

Agenda Item #10.3.

Page 53 of 408 ends

Water Produced per Source
Source
Average (2018 -
2020)
(Acre-Feet)
April 2024
(Acre-Feet)
April 2025
(Acre-Feet)
Bell Canyon 46 4.70 11.21
Stonebridge Wells 15 30.77 15.86
Napa Water 48 34.07 47.89
Total 110 69.54 74.96
 Percent change from April 2024: 8%
 Percent change from average of April 2018 - 2020: -36% 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 May 1, 2025, Bell Canyon Reservoir elevation was at 421.88 feet representing approximately 2,374.59 acre-feet (AF) and 99.62% capacity. Bell Canyon spillway level is 422 feet representing 2,383.69 AF 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 May 1st in 2023, 2024, and 2025.

Year 2023 2024 2025
Bell Canyon Elevation Level 421.96 Ft. 422 Ft. 421.88 Ft.

Acre Feet 2,380 AF 2,383.69 AF 2,374.59 AF
Percent Capacity 99.87% 100% 99.62%
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 #10.3.

Page 54 of 408 ends

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 AF, significantly above the 1,481 AF 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 April 2025, Rutherford Pump Station was producing an average of 0.52 MG/day for a total of 47.89 AF for the month.

ENVIRONMENTAL REVIEW: Not Applicable.

GOAL:

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

MWR April 1-30 2025
Attachment 2 - Bell Canyon Water Storage Forecast
Attachment 3 - Bell Canyon Reservoir Storage Phase I II Agenda Item #10.3.

Page 55 of 408 ends

CITY OF ST. HELENA

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

LOUIS STRALLA

WATER PLANT
TK #1 & #2
ADJUST

11.21 3.65 -0.14

15.0% -0.6%

24.42 MG MG
n/a MG MG
n/a MG MG

0.81 MG MG
% %
252.96 AF 26.8% 233.46 AF 19.2%

82.40 MG 76.05 MG
421.46 AF 44.6% 502.66 AF 41.3%
137.28 MG 163.73 MG
269.71 AF 28.6% 480.09 AF 39.5%

87.85 MG 156.38 MG
TOTAL WATER PRODUCED 944.13 AF 100.0% 1216.21 AF 100.0%

DELIVERY (ALL)

0.08 0.06
421.88 FT. FT.
-0.27 FT. FT.
2374.59 AF AF

99.6 % %

0.00 IN IN

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

Updates will be provided if any errors are identified.

AVERAGE 60.85 61.95

REMARKS
City of Napa Water Delivery: RPS producing an average of 0.52 MG/day during April 2025.

THIS MONTH, THIS YEAR THIS MONTH, LAST YR.

DEGREES IN FAHRENHEIT 38.5-83.2 39.9-84

TEMPERATURES
MONTHLY RISE OR DROP 0.00
CAPACITY AT END OF PERIOD 2383.69
PERCENT OF FULL CAPACITY 100.0
RAINFALL IN THIS PERIOD 0.97
TOTAL RAINFALL SEASON TO DATE 22.34
ELEVATION BELL CANYON RESERVOIR 422.00
STONEBRIDGE APARTMENTS MG/Apr. 1 -30 0.03 MG/Apr. 1-30

WATER ELEVATION, CAPACITY & RAINFALL

THIS FISCAL YEAR LAST FISCAL YEAR
NAPA VALLEY COLLEGE MG/Apr. 1 -30 0.02 MG/Apr. 1-30

STONEBRIDGE POTABLE WELLS

SBW IRRIGATION WATER
THIS MONTH THIS MONTH, LAST YR.

THIS FISCAL YEAR LAST FISCAL YEAR

LOUIS STRALLA WATER PLANT

NAPA WATER
MINIMUM DAILY PRODUCED n/a
AVERAGE DAILY PRODUCED 0.75

WATER YEAR TOTALS

WATER PRODUCED DELIVERY (AGGREGATE)
TOTAL PRODUCED THIS PERIOD 22.65
MAXIMUM DAILY PRODUCED n/a

0.14 15.60
PERCENT 21.3% 64.3%
-0.44

April 1-30, 2025

STONEBRIDGE

POTABLE
WELLS
SBW

IRRIGATION
WATER

NAPA WATER

THIS YEAR LAST YEAR
AMOUNT PRODUCED in AF 15.86 0.43 47.89
AMOUNT PRODUCED in MG 5.17
Agenda Item #10.3.

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Agenda Item #10.3.

Page 57 of 408 ends

Agenda Item #10.3.

Page 58 of 408 ends

Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Finance
DATE: May 27, 2025
FROM: Mandy Kellogg, Administrative Services Director
SUBJECT: Approval of a Resolution Authorizing the City Manager to Execute a Three-Year Professional Services Agreement
with Del Rio Advisors for Municipal Finance Advisor
Services at $10,000 per year for a total contract amount not-to-exceed $30,000, with an option to extend for two additional years.

RECOMMENDED
ACTION:

Staff recommends approval of the attached resolution.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
PURPOSE:

The purpose is to approve an agreement for municipal
finance services, including general support with debt
management and transactional services for specific
projects.

FINANCIAL IMPACT: The estimated financial impact is $10,000 per year for a three-year period for a total contract not to exceed
$30,000.

BACKGROUND:

Municipal advisor services are essential to ensure the City receives expert, independent advice when evaluating potential financing opportunities, managing debt obligations, or analyzing complex financial matters related to capital projects and infrastructure investments.

Due to small size of the City of St. Helena's organization, the City does not employ inhouse staff with the specialized expertise required for these services. Therefore, establishing a contract with a municipal advisory firm will allow the City to access such expertise as needed, without the financial burden of maintaining full-time staff for infrequent, but critical assignments.

DISCUSSION:

A Request for Qualifications (RFQ) was issued on October 21, 2024, soliciting proposals from qualified firms to provide municipal advisory services. The City received six responses in response to the RFQ. Following an initial evaluation, the top three firms were invited to participate in interviews. Based on a comprehensive review of qualifications, relevant experience with municipal clients, proposed pricing, and overall approach, staff recommends the selection Del Rio Advisors.

Agenda Item #10.4.

Page 59 of 408 ends

Services under this agreement may include, but are not limited to the following:
 Evaluation of debt issuance alternatives
 Assistance with rating agency presentations
 Review of financial models and cash flow projections
 Analysis of refinancing opportunities
 Ongoing debt portfolio monitoring and reporting
 Support with regulatory compliance and disclosures
Under the proposed agreement. Del Rio Advisors will provide general municipal advisory services on an hourly, as-needed basis, at a rate of $200 per hour. These services will be limited to $10,000 per year for a total three-year agreement not to exceed $30,000, with an option to extend for two additional years.

In addition, for financing transactions such as debt issuances or refinancing, the agreement includes a fixed contingent fee structure that only becomes payable upon the successful sale and closing of a transaction. These fees are listed below and are designed to be paid from the proceeds of the debt issuance, minimizing the upfront fiscal impact to the City.

Option 1 - Public Offering or Private Placement to Institutional Investors Low High Fee
$0 $5,000,000 $32,500
$5,000,001 $10,000,000 $42,500
$10,000,001 $20,000,000 $52,500
$20,000,001 $50,000,000 $62,500
>$50,000,000 $72,500
Option 2 - Direct Placement to Commercial Banks or to Other Direct Lenders Low High Fee
$0 $5,000,000 $27,500
$5,000,001 $10,000,000 $32,500
$10,000,001 $20,000,000 $37,500
$20,000,001 $50,000,000 $42,500
>$50,000,000 $47,500
Prior to initiating any financing transaction, staff will return to the City Council with a separate staff report to request approval to proceed with the transaction and to authorize payment of the contingent placement fee. This process ensures transparency and Council oversight for each financing activity.

ENVIRONMENTAL REVIEW:

None.

Agenda Item #10.4.

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GOAL:

Goal 1: Strengthen Financial Sustainability
DOCUMENTS ATTACHMENTS:

Resolution - PSA Del Rio Advisors Municipal Advisory Services PSA Del Rio Advisors LLC Municipal Advisory Services 2025.05.27 Del Rio Advisors LLC RFQ
Agenda Item #10.4.

Page 61 of 408 ends

CITY OF ST. HELENA
RESOLUTION NO. 2025-__
Resolution Authorizing the City Manager to Execute a Three-Year Professional Services Agreement with Del Rio Advisors for Municipal Finance Advisor Services at $10,000 per year for a total contract amount not-to-exceed $30,000, with an option to extend for two additional years.

RECITALS
A. On October 21, 2024, a Request for Qualifications (RFQ) was issued to solicit proposals from qualified firms to provide municipal advisory services; and B. The City received six responses in response to the RFQ; and C. Following an initial evaluation, the top three firms were invited to participate in interviews; and
D. Based on a comprehensive review of qualifications, relevant experience with municipal clients, proposed pricing, and overall approach, staff recommends the selection Del Rio Advisors; and
E. The City desires to hire a Consultant to provide municipal advisory services on an hourly, as-needed basis, at a rate of $200 per hour and will be limited to $10,000 per year for a total three-year agreement not to exceed $30,000, with an option to extend for two additional years; and
F. Financing transactions such as debt issuances or refinancing have an additional fixed contingent fee structure outlined in Exhibit A of the agreement and will require separate City Council authorization.

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

1. Authorize the City Manager to execute a three-year Professional Services Agreement with Del Rio Advisors for Municipal Finance Advisor Services at $10,000 per year for a total contract amount not-to-exceed $30,000.

Agenda Item #10.4.

Page 62 of 408 ends

2. Funding is as follows:

Description Fund GL Account Amount
FY 25-26 Operating
Budget General Fund 101-43-00-21-45 10,000
FY 26-27 Operating
Budget General Fund 101-43-00-21-45 10,000
FY 27-28 Operating
Budget General Fund 101-43-00-21-45 10,000
Total Not-To-Exceed 30,000
Approved at a Regular Meeting of the St. Helena City Council on May 27, 2025, by the following vote:

Mayor Paul Dohring:

Vice Mayor Deasy:

Council Member Barak:

Council Member Spadarotto:

Council Member Summers:

APPROVED: ATTEST:
________________________ ________________________
Paul Jamison Dohring, Mayor Erika Opp, Acting City Clerk Agenda Item #10.4.

Page 63 of 408 ends
Page 1 of 14 ends

Del Rio Advisors, LLC May 27, 2025

AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on May 27, 2025 by and between the City of St. Helena, located in the County of Napa, State of California (City), and Del Rio Advisors, LLC (Consultant).

RECITALS:

A. City desires to employ Consultant to furnish professional services in connection with the project described as Municipal Advisory Services.

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

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

SECTION 1 – BASIC SERVICES
Consultant agrees to perform the services set forth in Exhibit A, “Scope of Services” and made part of this Agreement.

SECTION 2 – ADDITIONAL SERVICES
Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement that are in addition to or outside of those set forth in this Agreement or Exhibit A, “Scope of Services” (the “Services”), unless such additional Services and compensation are authorized in advance and in writing by the City Council or City Manager of the City.

SECTION 3 – TIME FOR COMPLETION
The time for completion of Services shall be as identified in Exhibit A, “Scope of Services”. The parties expressly agree that time is of the essence in the performance of this Agreement.

SECTION 4 – COMPENSATION AND METHOD OF PAYMENT
A. Subject to any limitations set forth in this Agreement, City agrees to pay consultant the amount specified in Exhibit A, “Compensation” attached hereto and made a part hereof. Total compensation shall not exceed $10,000 per year for a total not-to-exceed of $30,000 over a three-year term for as needed municipal advisory services with an option two extend for two additional years, unless additional compensation is approved in accordance with Section 2.

Additional fees will be incurred as detailed in Exhibit A for financing transactions, which will require approval prior to initiating any fiancing transaction.

Agenda Item #10.4.

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Del Rio Advisors, LLC May 27, 2025
B. Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories if applicable: labor (by sub-category), travel, materials, equipment, supplies, subconsultant contracts, and miscellaneous expenses. Each original invoice furnished shall include the expenses incurred during the preceding month, the cumulative Agreement amount, and the amount remaining on the Agreement. City shall independently review each invoice submitted to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. If no charges or expenses are disputed, the invoice shall be approved, and City will use its best efforts to cause Consultant to be paid within 30 days of receipt of invoice. If the City disputes any charges or expenses, the City will return the original invoice to Consultant for correction and resubmission. If the City reasonably determines, in its sole judgment, that the invoiced charges and expenses exceed the value of the Services performed to date and that it is probable that the Agreement will not be completed satisfactorily within the contract price, City may retain all or a portion of the invoiced charges and expenses.

Within thirty (30) days of satisfactory completion of the project, City shall pay the retained amount, if any, to Consultant.

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

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

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

SECTION 6 – INSPECTION AND FINAL ACCEPTANCE
City may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant’s work within sixty (60) days after submitted to City, unless the parties mutually agree to extend such deadline. City shall reject work by a timely written explanation, otherwise Consultant’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects and fraud. Acceptance of any of Consultant’s work by Agenda Item #10.4.

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City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, the sections pertaining to indemnification and insurance.

SECTION 7 – INSURANCE REQUIRED
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees, as indicated:

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

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

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

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

1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations, as applicable. If Commercial General Liability Insurance or other form with a General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

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

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

D. Excess Limits. If Consultant maintains higher limits than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

E. Primary Coverage. For any claims related to this contract the Consultants insurance coverage shall be primary insurance as respects to City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, Agenda Item #10.4.

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employees, or volunteers shall be excess of Consultants insurance and shall not contribute with it.

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

G. Other Insurance Provisions. The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

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

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

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

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

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

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

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

SECTION 8 – INDEMNIFICATION
Agenda Item #10.4.

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The Consultant shall be responsible for its acts of negligence, and the City shall be responsible for its acts of negligence. The Consultant agrees to indemnify and hold the City harmless from any and all claims, demands, actions and causes of action to the extent caused by the negligent acts of the Consultant, its officers, agents and employees, by reason of the performance of this agreement. This indemnity shall not be construed to require indemnification of others.

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

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

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

SECTION 10 – CONFLICTS OF INTEREST AND ANTI-FRAUD AND ANTICORRUPTION POLICIES A. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of Services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts with the interests of City in the performance of this Agreement.

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

C. Consultant understands and acknowledges City maintains an anti-fraud and anticorruption policy to protect the City, its operations, and its employees from and against financial risks, operational breaches, and unethical, fraudulent and corrupt activities. Consultant represents and warrants that Consultant, its subcontractor(s) / subconsultant(s) and their respective Agenda Item #10.4.

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employees providing Services pursuant to the Agreement are (1) in good standing; (2) have not been previously investigated, convicted, or debarred for fraudulent or corrupt activities; (3) will not participate in fraudulent or corrupt activities, and (4) will take steps to ensure that its employees and subcontractor(s) / subconsultant(s) employees do not participate in any fraudulent or corrupt activities. Consultant acknowledges and agrees further that it has a duty to and will report to City any information or incident(s) about possible fraudulent or corrupt activities Consultant may discover, and will cooperate in any fraud or corruption investigation conducted, with respect to Consultant’s service provided pursuant to this Agreement.

SECTION 11 – OWNERSHIP OF DOCUMENTS
A. All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the course of providing any Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. When requested by City, but no later than three years after project completion, Consultant shall deliver to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

B. All copyrights, patents, trade secrets, or other intellectual property rights associated with any ideas, concepts, techniques, inventions, processes, improvements, developments, works of authorship, or other products developed or created by Consultant during the course of providing Services (collectively the “Work Product”) shall belong exclusively to City. The Work Product shall be considered a “work made for hire” within the meaning of Title 17 of the United States Code. Without reservation, limitation, or condition, Consultant hereby assigns, at the time of creation of the Work Products, without any requirement of further consideration, exclusively and perpetually, any and all right, title, and interest Consultant may have in the Work Product throughout the world, including without limitation any copyrights, patents, trade secrets, or other intellectual property rights, all rights of reproduction, all rights to create derivative works, and the right to secure registrations, renewals, reissues, and extensions thereof.

SECTION 12 – CONFIDENTIAL INFORMATION; RELEASE OF

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

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

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

C. If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have Agenda Item #10.4.

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the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Consultant’s conduct.

D. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite such response.

SECTION 13 – SUSPENSION OF WORK
City may, at any time, by ten (10) days written notice suspend further performance by Consultant. All suspensions shall extend the time schedule for performance in a mutually satisfactory manner and Consultant shall be paid for Services performed and reimbursable expenses incurred prior to the suspension date.

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

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

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

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

C. Solicitations for Subcontractors including Procurement of Materials and Equipment.

In all solicitations, either by competitive bidding or negotiations, made by Consultant for work to be performed under a subcontract, including procurement of materials or leases of equipment, Agenda Item #10.4.

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each potential subcontractor, supplier, or lessor shall be notified by Consultant of Consultant’s obligations under this Agreement and the regulations relative to nondiscrimination.

SECTION 16 – COMPLIANCE WITH CALIFORNIA LABOR CODE

REQUIREMENTS
A. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

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

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

SECTION 17 – AUDIT AND INSPECTION OF RECORDS
Agenda Item #10.4.

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A. Records of Consultant’s direct labor costs, payroll costs, and reimbursable expenses pertaining to this project covered by this Agreement will be kept on a generally recognized accounting basis and made available to City if and when required for a period of up to 3 years from the date of Consultant’s final invoice.

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

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

SECTION 18 – LIMITATION OF LIABILITY
A. Consultant agrees that any liability of City arising in connection with this Agreement shall be limited exclusively to the City-entity identified as the “City” under this Contract. Under no circumstance shall any other City-entity be liable to Consultant under any theory, whether in contract, tort, or otherwise, and Consultant waives unconditionally any such claims. Consultant hereby waives and release other City-entities from any liability under this Agreement.

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

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

SECTION 20 – NOTICES
Agenda Item #10.4.

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All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, sent by facsimile, email, or first-class mail, addressed as follows:

To City: City Manager
1088 College Avenue
St. Helena, California 94574
To Consultant: Del Rio Advisors, LLC
1325 Country Club Drive
Modesto, CA 95356
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile, email, or, if mailed, three (3) days after deposit in the custody of the U.S. Postal Service.

SECTION 21 – TERMINATION
A. City may terminate this Agreement, with or without cause, at any time by giving ten (10) days written notice of termination to Consultant. If such notice is given, Consultant shall cease immediately all work in progress.

B. If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice.

C. Upon termination of this Agreement by either Consultant or City, all property belonging to City which is in Consultant’s possession shall be delivered to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in this Agreement.

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

SECTION 23 – ENTIRE AGREEMENT
This Agreement, including the attached Exhibits, is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any party which are not embodied herein Agenda Item #10.4.

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shall be valid and binding unless in writing duly executed by the parties or their authorized representatives.

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

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

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

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

SECTION 28 – LAW TO GOVERN; VENUE
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Napa. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Northern District of California, in San Francisco.

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

Agenda Item #10.4.

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

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

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

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

Consultant: City:

By: ________________________________ By: ________________________ Name: Name: Anil Comelo
Title: Title: City Manager
Approved as to Form:

By: _________________________________
Name: Ethan Walsh
Title: City Attorney
Agenda Item #10.4.

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EXHIBIT A
Scope of Services
The scope of work shall include but is not limited to:
• Debt Issuance Support – Advise on the structuring, issuance, and management of debt, including bonds (general obligation, revenue, special tax) and other municipal financing options.
• Market Analysis – Provide up-to-date market data, trends, and recommendations regarding the timing and approach to entering the municipal debt markets.Develop and distribute a job analysis questionnaire to each employee as appropriate. • Bond Sale Management – Advise the City on public offerings or private placements, including assistance with the preparation of official statements, coordination with underwriters, legal counsel, and rating agencies.
• Pricing Services – Actively advise and participate in the pricing process by providing substantial pricing analysis and support, and by advocating on behalf of the City for the best price for the bonds under prevailing market conditions. Outreach to potential investors to increase participation in bidding, if competitive sale. • Debt Policy Development & Review – Assist in developing and reviewing the City’s debt policies, ensuring alignment with best practices and regulations. • Post-Issuance Compliance – Provide guidance on post-issuance compliance, including arbitrage, tax compliance, and annual reporting.
• Project Financing – Evaluate project financing alternatives and make recommendations, including public-private partnerships, special assessments, or other creative financing solutions.
• Rating Agency Strategy – Prepare presentations and coordinate meetings with rating agencies, helping the City secure and maintain favorable bond ratings. • Refinancing Opportunities – Continuously monitor the City’s outstanding debt portfolio to identify and recommend refinancing opportunities to achieve savings.

Fees
Time and Materials Projects
Team Member Hourly Rate
Kenneth L. Dieker $200.00
Agenda Item #10.4.

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Financing Transactions
Option One - Public Offering or Private Placement to Institutional Investors Low High Fee (1,2)
$0 $5,000,000 $32,500
$5,000,001 $10,000,000 $42,500
$10,000,001 $20,000,000 $52,500
$20,000,001 $50,000,000 $62,500
>$50,000,000 $72,500
(1) Add to this figure up to a “not-to-exceed” $750 for normal reimbursable expenses. (2) All fees assume negotiated bond sale; add $5,000 for competitive sale.

Option Two – Direct Placement to Commercial Banks or to Other Direct Lenders Low High Fee (1)
$0 $5,000,000 $27,500
$5,000,001 $10,000,000 $32,500
$10,000,001 $20,000,000 $37,500
$20,000,001 $50,000,000 $42,500
>$50,000,000 $47,500
(1) Add to this figure up to a “not-to-exceed” $750 for normal reimbursable expenses.

Agenda Item #10.4.

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City of St. Helena, California
Response to Request for Qualifications (“RFQ”)
for
Municipal Advisory Services
Prepared by:

November 22, 2024
Agenda Item #10.4.

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"Independent Registered Municipal Advisor"

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TABLE OF CONTENTS

1. Cover Letter .......................................................................... 2

2. Firm Overview and Experience .............................................. 5

3. Key Personnel ...................................................................... 14

4. Approach ............................................................................. 16

5. References .......................................................................... 18

6. Fee Structure ....................................................................... 21

7. Legal and Financial Status ................................................... 23

8. Required Disclosures ........................................................... 24 Agenda Item #10.4.

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"Independent Registered Municipal Advisor"

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1. Cover Letter
A cover letter expressing the firm’s interest in providing municipal advisory services to the City and summarizing the firm’s qualifications.

November 22, 2024
Ms. Mandy Kellogg
Director of Administrative Services
City of St. Helena
1088 College Avenue
St. Helena, CA 94574
Dear Ms. Kellogg:

Del Rio Advisors, LLC (“DRALLC”) appreciates the opportunity to respond to your Request for Qualifications (“RFQ”) to provide Municipal Advisor Services to the City of St. Helena (the “City”). DRALLC was founded in 1991 under the name MuniSoft and incorporated in 2005 as Del Rio Advisors, LLC.

My name is Kenneth L. Dieker, Principal. I am a Series 54 Registered Municipal Advisor Principal and a Series 50 Registered Municipal Advisor Representative. My practice focuses on California public agencies and my clients are primarily California cities.

I have been in public finance for over 37 years with 33 years spent serving as Municipal Advisor. Since 1991, I have completed 722 financing transactions totaling over $6.45 billion.

I have completed another 426 projects that can best be classified as time and materials projects. More details on these are included in the body of the RFQ response.

Since 2017, I have worked with the City on various projects including assisting with water and wastewater rate studies, formulation of a plan of finance for the City’s water fund, and formulation of a plan of finance to fund capital improvements through the issuance of G.O. bonds. I assisted with the issuance of water refunding bonds, wastewater bond anticipation notes and I am currently assisting the City on a USDA Loan to retire the wastewater bond anticipation notes. I also assisted on the issuance of the first series of water bonds and the issuance of the first series G.O. bonds, both for the City’s most recent 5-Year Capital Improvement Program and associated plan of finance. As you know, I have always been ready to assist the City on special projects or advise the City, from time to time, as to other financing matters.

Agenda Item #10.4.

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Below is a complete listing of the City’s outstanding obligations, including obligations not yet listed in the ACFR:

Issue Purpose Outstanding (*
) Final
Maturity
Call Date Interest
Rate(s)
2023 Installment
Sale Agreement
(JP Morgan
Chase)
Wastewater $3,390,000 10/01/2038 Any Date On Or After
04/01/27 @ 100%

4.55%
2022 Installment
Sale Agreement
Wastewater $9,362,000 4/1/2025 Any Date @ 100% Variable CSCDA Series
2012B
Wastewater $763,044 10/1/2032 Any Date On Or After
10/1/22 @ 100%

4.00-5.00%
CSCDA Series
2005B
Wastewater $735,000 10/01/2030 Any Date On Or After
10/1/14 @ 100%

4.375-4.50%
2024 Water
Revenue Bond
Water $10,685,000 10/01/2054 Any Date On Or After
10/1/34 @ 100%
2019 Loan
Agreement (JP
Morgan Chase)
Water
Refunding
$3,373,900 10/01/2031 Non-Callable 2.62%
CSCDA Series
2012B
Water $2,746,956 10/1/2032 Any Date On Or After
10/1/22 @ 100%

4.00-5.00%
2022 General
Obligation
Bonds
Various $5,175,000 09/01/2052 Any Date On Or After
9/1/32 @ 100%

5.00-5.50%
(*) Balance As of November 2024
The City is currently in the process of paying off the outstanding 2022 Installment Sale Agreement (wastewater) with a long-term loan from the USDA. This is expected to occur by the end of November 2024. The City should continue to monitor refunding the CSCDA Series 2012B (water and wastewater). Unfortunately, the wastewater component is too small ($763k outstanding) to generate meaningful savings. The water component ($2.74mm) is a refunding candidate that we did look at with the most recent issuance of water bonds, but the interest rates at the time were still relatively high, and the savings were not yet meaningful enough to consider moving forward. In the past, the City has considered refunding the CSCDA Series 2005B (wastewater), but the deal is too small ($735k outstanding), and the final amortization (10/1/2030) too short to generate meaningful savings.

Agenda Item #10.4.

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I have the current capacity and ability to proceed promptly. I have reviewed the City’s Professional Services Agreement and have no issues with the document. I have no conflicts of interest that could impair my ability to perform the requested work in a timely fashion.

I genuinely appreciate the opportunity to present my credentials. Should you have any questions or need any additional information, please feel free to give me a call at (209) 543- 8704 or via email at [email protected].

Respectfully Submitted,
Kenneth L. Dieker, Principal
Del Rio Advisors, LLC
1325 Country Club Dr.

Modesto, CA 95356
(209) 543-8704 Phone
(209) 480-1862 Mobile
[email protected]
Agenda Item #10.4.

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2. Firm Overview and Experience

Provide an overview of the firm, including its history, size, and areas of expertise. Highlight experience in providing municipal advisory services, particularly for government entities similar to the City of St. Helena.

Del Rio Advisors, LLC (“DRALLC”) was founded in 1991 under the name MuniSoft and incorporated in 2005 as a single-member LLC. The firm is headquartered in Modesto, California. My name is Kenneth L. Dieker, Principal and my practice is focused on California public agencies and my clients are primarily California cities.

I have been in public finance for over 37 years with 33 years spent serving as Municipal Advisor. I got my start in public finance investment banking in 1987 with Rauscher Pierce Refsnes, Inc. (now RBC Capital Markets) where I worked as both a Financial Analyst and Associate. I have a BA from the University of California, Berkeley and an MBA from Oregon State University. I am a Series 54 Registered Municipal Advisor Principal and a Series 50 Municipal Advisor Representative.

I have extensive experience with city clients, very much like the City. I work on all types of financings including, but not limited to, general fund leases (LRBs and COPs), municipal leases (energy projects, fire trucks, ERP software, etc.), general obligation bonds, successor agency bonds, land-secured bonds (CFDs and ADs), water / sewer / solid waste revenue bonds and short-term instruments such as BANs or TRANs.

Since 1991, I have completed 722 financing transactions totaling over $6.45 billion. The table below shows a breakout of the types of financing transactions completed as Municipal Advisor:

Type of Financing # of Issues Dollar Amount
Lease / Lease Revenue 39 $506,562,722
Water / Sewer Revenue 82 $2,323,055,906
Assessment District / CFD 119 $1,545,552,680
General Obligation 4 $458,450,000
Tax Allocation / Successor Agency 62 $1,223,293,745
Miscellaneous (*) 416 $396,335,825
Total 722 $6,453,250,878
(*) Property Assessed Clean Energy (“PACE”) Bonds, Pension Obligation Bonds and short-term instruments such as BANs and TRANs Agenda Item #10.4.

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I have completed another 426 projects that can best be classified as time and materials projects involving formulating a plan of finance, planning for debt issuance, pro forma projections, debt service calculations, debt education (staff, City Council and the public), assisting with the formation of CFDs for infrastructure and/or services and assisting with debt management activities such as RFPs for financing team members, bond call calculations, continuing disclosure drafts and filings, rating surveillance and debt-related press / investor inquiries.

Other Highlights
Since March 2011, I have served as the Municipal Advisor to the City of Stockton and, since July 2014, I have served as the Independent Registered Municipal Advisor “IRMA” to the City.

From February 2012 until February 2015, I served as Interim Debt Manager for the City and head of the Debt Team during chapter 9 bankruptcy. The Debt Team was successful in negotiating seven agreements during bankruptcy on over $300 million of General Fund debt.

I also testified in trial during the heavily contested confirmation hearing.

From October 2014 to June 2017, I served as a member of the negotiating team during the City of San Bernardino chapter 9 bankruptcy. I took part in the negotiations with the three capital markets creditors impacted by the bankruptcy.

Since May 2014, I have served as the Municipal Advisor to the County of Placer and, since July 2014, as the IRMA to the County. I am currently assisting the County to administer their mPOWER Placer and mPOWER Pioneer Property Assessed Clean Energy (“PACE”) programs.

In June 2018, the County sold $35,085,000 Refunding Revenue Bonds, Senior Series 2018 (mPOWER Placer Program), (Green Bonds) to refund the PACE bonds held by the County. This transaction represented the first time PACE assessments had been sold as a public finance transaction. The transaction received an A2 rating from Moody’s Investors Service and received bond insurance and a reserve fund surety from Build America Mutual. In December 2018, the transaction was awarded the “Deal of the Year” by the Bond Buyer in the category of “Non-Traditional Public Finance”.

Since passage of the 2017 Tax Cuts and Jobs Act, I have completed refunding transactions in advance of call dates that include structures such as taxable advance refunding, convertible refunding (taxable to tax-exempt) and forward refunding. I also recently completed tender option programs for both the City of Stockton (cash defeasance) on some outstanding water revenue bonds and for the San Joaquin Area Flood Control Agency (refunding) on some outstanding assessment revenue bonds. A tender option program is the purchase of an issuer’s bonds in the open market by simply using cash or issuing new bonds to generate the funds to purchase the bonds.

Agenda Item #10.4.

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Over the next several pages please find details on my active clients that are very much like the City. I have included the status of my contract, and a list of transactions completed for each over the last five (5) years.

Issuer Original
Contract
Original
Expiration
Amendments /
Extensions
Revised
Expiration
Date
City of St.

Helena 2017 2018
2018, 2019,
2020, 2021,
2022
2024
(General),
2027 (G.O.)
$10,685,000, 2024 Water Revenue Bonds, 8/6/24
$3,475,000, 2023 Installment Sale Agreement (Sewer), 12/19/23 $5,255,000, 2022 General Obligation Bonds, 11/30/22
$9,362,000, Wastewater Installment Sale Agreement (USDA Interim Financing), 3/3/22 $5,821,000, Water Refunding Loan Agreement, 3/14/19
[Remainder of Page Intentionally Left Blank]
Agenda Item #10.4.

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[Remainder of Page Intentionally Left Blank]
Issuer Original
Contract
Original
Expiration
Amendments
/ Extensions
Revised
Expiration
Date
City of
Stockton 2011
2012, 2013,
2014, 2015,
2016, 2017
2017, 2022 2027
$28,050,000, Wastewater Revenue Refunding Bonds, Series 2024, 9/4/24 $1,525,000, CFD No. 2019-1 (Cannery Park), Special Tax Bonds, Series 2024, 7/17/24 $14,020,000, Improvement Area No. 3, CFD No. 2018-2 (Westlake Villages II), Special Tax Bonds, Series 2024, 4/17/24
$9,180,532, Water Tender Purchase, 9/19/23
$9,915,000, CFD No. 2019-1 (Cannery Park), Special Tax Bonds, Series 2022, 8/24/22 $46,800,000, SRF Installment Sale Agreement (RWCFMP No. C-06-8447-110), 12/31/21, Hourly
$108,000,000, U.S. EPA WIFIA Loan Agreement, 9/30/20, Hourly $24,355,000, Parking Revenue Bonds, Series 2020, 2/25/20 $54,785,000, Water Revenue Refunding Bonds, Series 2019-A (Federally Taxable) (Green Bonds) 12/5/19
$118,510,000, Wastewater Bond Anticipation Notes, Series 2019, 10/22/19 $3,134,000, CFD No. 2006-2 (Westlake Villages), Special Tax Bonds, Series 2019 8/13/19 $9,855,000, CFD No. 2005-1 (Cannery Park), Special Tax Bonds, Series 2019, 7/10/19 Agenda Item #10.4.

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Issuer Original
Contract
Original
Expiration
Amendments /
Extensions
Revised
Expiration
Date
City and
County of
San Francisco
2020 2022 2022, 2024
2026 (+2 One
Year
Options)
$340,615,000, General Obligation Refunding Bonds, Series 2024-R1, 5/22/24 $31,190,000, CFD No. 2014-1 (Transbay Transit Center), Special Tax Bonds, Series 2022A, 12/15/22
$47,380,000, CFD No. 2014-1 (Transbay Transit Center, Special Tax Bonds, Series 2022B (Taxable), 12/15/22
$33,880,000, CFD No. 2014-1 (Transbay Transit Center, Special Tax Bonds, Series 2021 B (Taxable), 11/3/21
$102,580,000, Taxable General Obligation Bonds (Affordable Housing, 2016-Preservation and Seismic Safety), Series 2020C, 12/8/20
Issuer Original
Contract
Original
Expiration
Amendments /
Extensions
Revised
Expiration
Date
City of West
Sacramento 2010 2013
2014, 2015,
2016, 2017,
2018, 2019,
2021, 2022
2025
$17,488,578, Special Tax Revenue Bond, Series 2022 (CFD 8 and CFD 9), 12/6/22 $40,175,000, Water Revenue Refunding Bonds (Federally Taxable Convertible), 7/30/20 $11,655,000, Assessment Revenue Refunding Bonds, Series 2020 (Federally Taxable), 1/29/20
$3,645,000, CFD No. 29 (Port Towne Infrastructure), Special Tax Bonds, Series 2019, 9/17/19 [Remainder of Page Intentionally Left Blank]

Agenda Item #10.4.

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Issuer Original
Contract
Original
Expiration
Amendments /
Extensions
Revised
Expiration
Date
City of
Patterson 2016 2021 2021 2026
$10,905,000, CFD No. 2018-1 (Villages of Patterson), Special Tax Bonds, Series 2024, 2/22/24
$54,370,000, Special Tax Revenue Refunding Bonds, Series 2023 (CFD No. 2001-1), 8/16/23 $6,800,000, CFD No 2005-1 (West Patterson Business Park), Special Tax Bonds, Series 2021, 12/23/21
$4,465,000, CFD No. 2018-1 (Villages of Patterson), Special Tax Bonds, Series 2021, 10/27/21
$7,015,000, Water Revenue Refunding Bonds, Series 2019B (Forward Delivery) 3/3/20 $9,215,000, Water Revenue Bonds, Series 2019A, 12/24/19 Bond Call and Debt Service Calculations on Revenue Bonds Issued for CFD No. 2001-1 In Relation to Property Owner Special Tax Prepayments, Hourly Issuer Original
Contract
Original
Expiration
Amendments /
Extensions
Revised
Expiration
Date
City of Palm
Desert 2015 NA
2016, 2018,
2019, 2020,
2021, 2022,
2023, 2024
None
$11,600,000, CFD No. 2021-1 (University Park), Special Tax Bonds, Series 2024, 3/26/24 $15,200,000, CFD No. 2021-1 (University Park), Special Tax Bonds, Series 2021, 7/28/21 $5,165,000, CFD No. 2005-1 (University Park), Special Tax Refunding Bonds, Series 2021A, 7/28/21
$1,602,180, CFD No. 2005-1 (University Park), Subordinate Special Tax Bonds, Series 2021B (Taxable, Tender Option Program), 7/28/21
$16,400,000, Section 29 Assessment District No. 2004-02 (Limited Obligation Refunding Improvement Bonds, Series 2021, 7/14/21
Bond Call and Debt Service Calculations on Various PACE bonds Purchased by the General Fund and Successor Agency, Hourly
Agenda Item #10.4.

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Issuer Original
Contract
Original
Expiration
Amendments /
Extensions
Revised
Expiration
Date
City of Dixon 2014 None
2016, 2018,
2020, 2022,
2023
2028
$8,375,000, Improvement Area No. 2, CFD No. 2019-01 (Homestead), Special Tax Bonds, Series 2024, 6/5/24
$13,875,000, CFD No. 2019-1, IA No. 2 (Homestead), Special Tax Bonds, Series 2023, 5/18/23
$4,945,000, CFD No. 2015-1 (Valley Glen No. 2), Special Tax Bonds, Series 2022, 7/20/22 $4,760,000, CFD No. 2019-1, IA No. 1 (Homestead), Special Tax Bonds, Series 2021, 12/22/21
$14,735,000, CFD No. 2019-1, IA No. 1 (Homestead), Special Tax Bonds, Series 2020, 12/30/20
$11,005,000, CFD No. 2013-1 (Parklane), Special Tax Bonds, Series 2019, 12/23/19 $4,970,000, CFD No. 2015-1 (Valley Glen No. 2), Special Tax Bonds, Series 2019, 4/18/19 Issuer Original
Contract
Original
Expiration
Amendments /
Extensions
Revised
Expiration
Date
City of
Brentwood 2014 None 2017, 2018, 2021, 2024 2025
$26,855,000, Water Revenue Refunding Bonds, Series 2024, 10/16/24 $12,324,524, Capital Improvement Refunding Revenue Bonds, Series 2021A, 11/2/21 $2,125,967, Capital Improvement Refunding Revenue Bonds, Series 2021B (Federally Taxable), 11/2/21
$32,210,000, Civic Center Project Lease Revenue Refunding Bonds, Series 2019, 4/2/19 Agenda Item #10.4.

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Issuer Original
Contract
Original
Expiration
Amendments /
Extensions
Revised
Expiration
Date
County of
Placer 2014 None 2015, 2016, 2018, 2022 2027
$5,195,000, CFD No. 2017-1 (Riolo Vineyards), IA No. 2, Special Tax Bonds, Series 2023, 2/9/23
$88,830,000, Solid Waste Revenue Bonds, Series 2022A (MRF) (Green Bonds), 9/6/22 $8,615,000, Solid Waste Revenue Bonds, Series 2022B (Landfill Improvements), 9/6/22 $69,315,000, North Lake Tahoe Public Financing Authority, 2022 Lease Revenue Bonds (Health and Human Services Center), 6/1/22
$10,890,000, CFD No. 2017-1 (Riolo Vineyards), IA No. 1, Special Tax Bonds, Series 2021, 12/16/21
$3,796,077, CFD No. 2001-1 (Dry Creek-West Placer), 2021 Special Tax Refunding Bonds, 6/8/21
Debt Service and Bond Call Calculations on Various PACE Bonds Purchased Monthly by the Placer County Treasurer-Tax Collector, Hourly
Issuer Original
Contract
Original
Expiration
Amendments /
Extensions
Revised
Expiration
Date
City of
Woodland 2014 None 2020 2025
$23,134,477, Wastewater Revenue Bond, Refunding Series 2022 (Federally Taxable Convertible) 5/25/22
$13,205,000, Water Revenue Refunding Bonds, Series 2021 (Green Bonds), 12/16/21 $20,845,000, CFD No. 2004-1 (Spring Lake), Special Tax Bonds, Series 2021, 11/4/21 $21,490,000, CFD No. 2004-1 (Spring Lake), Special Tax Bonds, Series 2019, 1/31/19 Agenda Item #10.4.

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Issuer Original
Contract
Original
Expiration
Amendments /
Extensions
Revised
Expiration
Date
City of Oakley 2020 2023 2022 2025
$10,496,000, Refunding Revenue Bonds, Series 2021, 7/28/21 Issuer Original
Contract
Original
Expiration
Amendments /
Extensions
Revised
Expiration
Date
City of
Lemoore 2016 2020 2019, 2021 2024
$27,380,000, Water Revenue Bonds, Series 2019, 3/19/19
I am also under contract with several other public agencies. The contracts are either hourly or transactional or both, as listed.
 San Lorenzo Valley Water District, Transactional
 Lincoln-Sewer Maintenance District 1 Wastewater Authority (“LiSWA”), Hourly and Transactional
 Tahoe-Truckee Sanitation Agency, Hourly
 Capital Southeast Connector JPA, Hourly
 Incline Village General Improvement District (Nevada), Hourly  Springfield Water and Sewer Commission (Massachusetts), Hourly and Transactional  Tahoe City Public Utility District, Hourly
 San Joaquin Area Flood Control Agency, Hourly and Transactional  Port of Stockton, Hourly and Transactional
 California Municipal Finance Authority (CFDs for the City of West Sacramento and Placer County), Transactional
 Pioneer Community Energy Authority (PACE Bonds), Hourly  City of West Sacramento Enhanced Infrastructure Financing District No. 1 Public Financing Authority, Transactional
 City of West Sacramento Infrastructure Financing District No. 1 (Bridge District Area), Transactional
 Monterey One Water (Sub-Contractor), Hourly
 Heritage Ranch Community Services District (Sub-Contractor), Transactional Agenda Item #10.4.

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3. Key Personnel
Identify key personnel who will be assigned to the City’s account, including their qualifications, relevant experience, and specific roles. Include resumes for each team member.

Kenneth L. Dieker, Principal of Del Rio Advisors, LLC is the sole employee of the firm and plans on doing the work himself. I am a Series 54 Registered Municipal Advisor Principal and a Series 50 Registered Municipal Advisor Representative. I have a BA from the University of California, Berkely and an MBA from Oregon State University. I have been in public finance for over 37 years with 33 years spent serving as Municipal Advisor. Below is a copy of my resume’:

Work Experience:
4/91 - Present Del Rio Advisors, LLC (formerly MuniSoft), Modesto, California Principal: Services include but are not limited to: developing and/or reviewing a plan of finance; establishing and coordinating a financing team; providing technical services (including all related bond math); reviewing and commenting on all legal and disclosure documents; reviewing and making recommendations as to all financing costs; reviewing market conditions and marketability of the bonds; obtaining comparable interest rate scales from recent like issues and reviewing and commenting on continuing disclosure. Other services include debt management activities such rating / insurance surveillance, continuing disclosure event notices and filings, bond call and debt service calculations and marketing internally developed bond sizing software under the name MuniSoft.
9/93 – 9/98 Linn-Benton Community College, Albany, Oregon Instructor: Taught Microsoft Excel, Lotus 1-2-3, Borland Quattro Pro, Borland Paradox, Intuit QuickBooks and Intuit Quicken classes for the Training and Business Development Center (TBDC), a local program of the Small Business Administration.
9/94 - 9/95 Oregon Coast Community College, Newport, Oregon Part-Time Faculty: Taught Fundamentals of Accounting including basic accounting and financial statement analysis.

Agenda Item #10.4.

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9/91 - 6/93 Oregon State University, Corvallis, Oregon
Graduate Teaching Assistant: In charge of Hewlett Packard Microcomputing Lab containing 144 networked computers; supervised 15 lab assistants; conducted training in various software packages and provided technical assistance on student assignments.
3/87-9/90 Rauscher Pierce Refsnes, Inc. (currently RBC Capital Markets), San Francisco, California
Associate, Public Finance: Responsible for maintaining firm underwriting and financial advisory relationships. Prepared and presented financing proposals; developed new business with refunding and new issue candidates; managed technical computer systems; developed bond sizing software in Microsoft Excel and Lotus 1-2-3 for use by technical staff and supervised the training and development of Financial Analysts.

Financial Analyst, Public Finance: Technical analysis on various financings including new issues and refundings. Prepared interview and presentation materials; conducted economic and legal research for official statements; prepared responses to requests for proposals; prepared cash flow analyses and detailed financing models.

Education: Oregon State University, Corvallis, Oregon
Master of Business Administration (MBA), June 1993
Emphasis: Finance
University of California, Berkeley, California
BA, December 1986
Golf Team: Two-Year Letterman
Alpha Sigma Phi Fraternity: President and Treasurer

Other: Series 54 Registered Municipal Advisor Principal Series 50 Registered Municipal Advisor Representative
Private Pilot (July 13, 2008, Certificate Number 3350351) Agenda Item #10.4.

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4. Approach
A detailed description of the firm’s approach to providing municipal advisory services, including how the firm will manage the City’s needs related to debt issuance, financial planning, and compliance.

While the steps on the next several pages are by no means comprehensive, once a particular task or assignment is identified, it is important to work methodically through the process. (1) The first step in any work plan is to review all the outstanding documents of the City including the ACFRs, Budgets, 5-year CIP plan, EMMA filings and any other publicly available documents. The intent here is to be prepared before any meeting with staff. (2) The second step is to meet with the Director of Administrative Services, her staff and department heads to identify any upcoming assignment or financing needs. It is anticipated that this would only require one meeting to accomplish this task. (3) After the initial meeting and upon identifying a particular assignment or financing, I would provide the City with a list of data needs. For example, if a water or sewer enterprise transaction is proposed, I would prepare the pro forma projections and only request the City complete data, not otherwise publicly available, such as year-to-date projected results. I would make projection assumptions and go over those with staff to confirm their reasonableness. As another example, if a lease transaction is proposed, I would request a list of all City assets that could be the subject of the lease and the insured values of each. I would then go over the list with staff to identify those assets with enough value to at least equal the principal amount of any proposed financing. I would also discuss future financing needs to make sure there are available assets for those financings. I would also look to substitute assets on existing transactions to free up assets as existing transactions are paid down.
(4) I would help to educate staff as to the Debt Limit in the California Constitution and the reason that a particular financing structure is being proposed and any limitations to the proposed structure.
(5) I would collaborate with staff to identify the timeline for any deliverables. (6) I would be more than willing to have 2x2 meetings or attend City Council workshops to educate the City Council and the public on any debt-related matters.

Competitive versus Negotiated
I have experience with both competitive and negotiated sales. It has been my experience that the recent market turmoil has changed the landscape for credit spreads. The credit rating agencies, insurers and buyers are very diligent in their review of public agency credits including pension and OPEB liabilities, cyber security, flood, wildfire and earthquake risk.

Agenda Item #10.4.

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It is so important to utilize revenue matching for General Fund credits and to set specific rate covenants and additional bonds tests (ABTs) for enterprise fund credits. For these reasons, the negotiated versus competitive discussion is specific to the revenue stream, bond covenants and the underlying credit. Each issue must stand alone, and the determination needs to be made, in consultation with staff, as to what type of sale to utilize. If the bond has a story associated with it, I recommend a negotiated sale but if the underlying credit is strong and stable, then competitive sales will still provide the lowest cost of capital.

General Fund Credits (“Revenue Matching”)
It has also been my recent experience that General Funds continue to come under pressure from increases in pension and OPEB liabilities. Some are also concerned about how deep and how long any recession may last, creating a situation where reductions in AVs, sales tax and TOT might strain a General Fund budget. Has the City utilized “one-time” measures to plug budget gaps and will the General Fund unrestricted reserves withstand any pressures. It is important to model the internal source of repayment for any obligation such that, even in slow times, the various General Fund resources are not exposed to debt service pressure.

This concept of “revenue matching” is an important analytical and policy discussion.

Enterprise Fund Credits
For both water and wastewater credits, it is important to review all parity debt obligations, rate covenants and additional bonds tests. The development of a sound pro forma is a very important tool to analyze the pledged revenues. It is also important to create new covenants, if possible, that allow for more flexibility.

Land-Secured Credits
The housing market continues to be strong in several regions of California and there are many land-secured credits (CFDs or assessments) being issued in this market. Since about 2018, cities have begun to realize that single-family residential does not pay for itself, even when you factor in all the revenue generated by the residents. In 2018, I assisted the City of Stockton in forming a city-wide services CFD that covers all the future residential development areas of the City. Any new development is required to pay for the provision of these services and annexing into the services CFDs allows the City to offset these costs. I am also assisting the City of West Sacramento in developing three services CFDs in the Southport area of the City. I also assisted the City of Dixon in the formation of a city-wide services CFD.

Agenda Item #10.4.

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Debt Database and Refunding Opportunities
One of the first steps to working with the City will be for DRALLC to create a debt database.

The debt database helps us to identify the debt profile of the City and to look for refunding opportunities. We take all the information from the various Official Statements, EMMA and the ACFR and the file includes:
 Issue Date
 Payment Dates
 Call Provisions
 Bond Covenants
 Continuing Disclosure Requirements
 Rating(s) / Insurance
 Principal
 Interest
 Periodic Debt Service
 Annual Debt Service
 Fiscal Year Debt Service (if applicable)
The debt database is a useful tool for the City in that staff changes can cause a loss of continuity. The debt database is important for recordkeeping and internal purposes such as continuing disclosure, budgeting and accounting. In addition, DRALLC uses this information to look for refunding opportunities that include full, partial and other structures. We have also internally developed a refunding by maturity software program that calculates the savings on a maturity-by-maturity basis allowing us to look at partial refunding opportunities.

If selected during the RFQ process, I would be more than willing to prepare a more comprehensive work plan as part of contract negotiations. I also know that other projects and tasks may be identified in the future and any work plan may need to be amended from time to time.

Continuing Disclosure, Annual Reporting and Tax Compliance I will continue to advise and assist the City regarding continuing disclosure obligations and the reporting of material events. I will also, as requested, assist the City regarding annual reporting, arbitrage rebate and other tax compliance procedures.

Agenda Item #10.4.

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5. References
Provide at least three (3) references from municipal clients where the firm has provided similar services. Include the name, title, organization, contact information, and a brief description of the services provided.

City of Stockton, California
Mr. Jay Kapoor
Deputy City Manager / Interim Chief Financial Officer
425 N. El Dorado Street
Stockton, CA 95202
(209) 937-8212, [email protected]
Current Independent Registered Municipal Advisor (“IRMA”) to the City and a member of the City’s Municipal Advisor pool. I serve both transactional and hourly.

City of West Sacramento, California
Ms. Roberta Raper
Director of Finance
1110 West Capitol Avenue
West Sacramento, CA 95691
(916) 617-4509, [email protected]
Current member of the City’s Municipal Advisor pool. I serve both transactional and hourly.

City of Patterson, California
Ms. Jennifer Riedeman, Finance Director
1 Plaza, P.O. Box 667
Patterson, CA 95363
(209) 895-8046, [email protected]
Current Municipal Advisor to the City. I serve both transactional and hourly.

Agenda Item #10.4.

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"Independent Registered Municipal Advisor"

Page 20 ends

City of Palm Desert, California
Ms. Veronica Chavez
Finance Director
73-510 Fred Waring Drive
Palm Desert, CA 92260
(760) 776-0611, [email protected]
Current Municipal Advisor to the City. I serve both transactional and hourly.

City of Dixon, California
Ms. Kate Zawadzki
Finance Director
600 East A Street
Dixon, CA 95620
(707) 678-7000, x1109, [email protected]
Current Municipal Advisor to the City. I serve both transactional and hourly.

City of Brentwood, California
Mr. Kerry Breen
City Treasurer / Director of Finance and Information Systems 150 City Park Way
Brentwood, CA 94513
(925) 516-5436, [email protected]
Current Municipal Advisor to the City. I serve transactional.

County of Placer
Mr. Tristan Butcher
Treasurer – Tax Collector
County Finance and Administration Building
2976 Richardson Drive
Auburn, CA 95603
(530) 889-4148, [email protected]
Current Independent Registered Municipal Advisor (“IRMA”) to the County. I serve both transactional and hourly.

Agenda Item #10.4.

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"Independent Registered Municipal Advisor"

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City and County of San Francisco, California
Ms. Anna Van Degna
Director, Controller’s Office of Public Finance
1 Dr. Carlton B. Goodlett Place
City Hall, Room 336
San Francisco, CA 94102
(415) 554-5956, [email protected]
Current member of the City’s Municipal Advisor pool. I serve transactional.

6. Fee Structure
Provide an overview of the firm’s fee structure, including hourly rates for personnel and any other costs associated with municipal advisory services. The City understands that fee negotiations will occur with the selected firm, but a general fee proposal is requested as part of the submission.

I have proposed fixed contingent fees for Financing Transactions and an hourly fee for Time and Materials Projects.

Financing Transactions
I propose a fixed contingent fee for a particular transaction dependent on the size and sale type of the issue as listed in the tables on the next page. I will also seek reimbursement for standard expenses such as mileage, lodging or other items spent on behalf of the project. As listed in the following tables, the “not-to-exceed” expense amount is capped by transaction.

Both the proposed fees and expenses are contingent upon the successful sale and closing of the transaction. If two or more series are sold simultaneously for a single project, the total par amounts of the transactions combined will be used to calculate the contingent fee and allocated amongst the series. Option Two will apply to any state or federal funding programs such as SRF, USDA or WIFIA.

Agenda Item #10.4.

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"Independent Registered Municipal Advisor"

Page 22 ends

Option One - Public Offering or Private Placement to Institutional Investors Option Two – Direct Placement to Commercial Banks or to Other Direct Lenders

Public Offering / Private
Placement
Low High Fee (1, 2)
$0 $5,000,000 $32,500
$5,000,001 $10,000,000 $42,500
$10,000,001 $20,000,000 $52,500
$20,000,001 $50,000,000 $62,500
>$50,000,000 $72,500
(1) Add to this figure up to a
“not-to-exceed” $750 for
normal reimbursable
expenses.
(2) All fees assume negotiated
bond sale; add $5,000.00 for
competitive sale.

Direct Placement
Low High Fee (1)
$0 $5,000,000 $27,500
$5,000,001 $10,000,000 $32,500
$10,000,001 $20,000,000 $37,500
$20,000,001 $50,000,000 $42,500
>$50,000,000 $47,500
(1) Add to this figure up to a “notto-exceed” $750 for normal reimbursable expenses.

Agenda Item #10.4.

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"Independent Registered Municipal Advisor"

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Time and Materials Projects
In addition, the City may wish to engage on a time and materials basis. Under this arrangement, the firm will be compensated at the hourly rate listed below:

Team Member Hourly Rate
Kenneth L. Dieker $200.00
The total hours or dollars available for a particular assignment may be capped at a fixed amount. In addition, I will seek reimbursement for standard expenses such mileage, lodging or other items spent on behalf of the project. Hourly fees and expenses would be billed and payable by the City on a quarterly basis.

7. Legal and Financial Status
Provide information regarding the firm’s legal standing, including any current litigation, regulatory actions, or financial conditions that could impact the ability to deliver services.

DRALLC is currently registered as a Municipal Advisor with the U.S. Securities and Exchange Commission (“SEC”) and the Municipal Securities Rulemaking Board (“MSRB”). DRALLC is registered as a single-member LLC with the State of California Secretary of State, has an Employer Identification Number with the Department of the Treasury Internal Revenue Service and has a current business license with the City of St. Helena.

Del Rio Advisors does not have any conflicts of interest, legal or disciplinary events or customer complaints on Form MA or Form MA-I. The forms may be accessed at:
www.sec.gov/edgar/searchedgar/companysearch.html. These documents include information about any criminal actions, regulatory actions, investigations, terminations, judgments, liens, civil judicial actions, customer complaints, arbitrations, and civil litigation.

Del Rio Advisors, LLC, is a consulting firm and does not have any financial conditions that could impair the firm’s ability to serve as Municipal Advisor to the City.

For more information, please see “Section 8. Required Disclosures”.

Agenda Item #10.4.

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"Independent Registered Municipal Advisor"

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8. Required Disclosures
Pursuant to Municipal Securities Rulemaking Board (“MSRB”) Rule G-42, on Duties of Non-Solicitor Municipal Advisors, Municipal Advisors are required to make certain written disclosures to clients which include, among other things, any conflicts of interest, legal or disciplinary events and information related to registration and customer complaints of Del Rio Advisors, LLC (“DRALLC”) and its associated persons.

Conflicts of Interest
DRALLC represents that in connection with the issuance of municipal securities, it may receive compensation from an Issuer or Obligated Person for services rendered, which compensation is contingent upon the successful closing of a transaction and/or is based on the size of a transaction. Consistent with the requirements of MSRB Rule G-42, DRALLC hereby discloses that such contingent and/or transactional compensation may present a potential conflict of interest. This conflict of interest will not impair the ability of DRALLC to render unbiased and competent advice or to fulfill its fiduciary duty to the Issuer.

If DRALLC becomes aware of any other potential or actual conflict of interest, it will disclose the detailed information in writing to the Issuer in a timely manner.

Legal or Disciplinary Events
DRALLC does not have any legal events or disciplinary history disclosed on Form MA and Form MA-I, which includes information about any criminal actions, regulatory actions, investigations, terminations, judgments, liens, civil judicial actions, customer complaints, arbitrations, and civil litigation. The Issuer may electronically access the most recent Form MA and each most recent Form MA-I filed with the Commission at the following website:
www.sec.gov/edgar/searchedgar/companysearch.html.

There have been no material changes to a legal or disciplinary event disclosure on any Form MA or Form MA-I filed with the SEC. If any material legal or regulatory action is brought against DRALLC, DRALLC will provide complete disclosure to the Issuer in detail allowing the Issuer to evaluate the firm, its management, and personnel.

Registration and Customer Complaints
Pursuant to Municipal Securities Rulemaking Board Rule G-10, on Investor and Municipal Advisory Client Education and Protection, Municipal Advisors are required to provide certain written information to their municipal entity and obligated person clients which include the following:
 DRALLC is currently registered as a Municipal Advisor with the U.S. Securities and Exchange Commission and the Municipal Securities Rulemaking Board.
 Within the Municipal Securities Rulemaking Board (“MSRB”) website at www.msrb.org, the Issuer may obtain the Municipal Advisory client brochure that is posted on the MSRB website. The brochure describes the protections that may be provided by the MSRB Rules along with how to file a complaint with financial regulatory authorities.

Agenda Item #10.4.

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Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: May 27, 2025
FROM: Eric Janzen, Assistant Public Works Director
SUBJECT: Consideration and Approval of Resolution Approving a Budget Amendment of $779,498 to fund certain change
orders for the Wastewater Treatment and Reclamation
Plant Phase 1 Upgrades Project.

RECOMMENDED
ACTION:

To adopt "Resolution Approving a Budget Amendment to
Fund Certain Change Orders for the Wastewater
Treatment and Reclamation Plant Improvement Project”.

PREVIOUS COUNCIL
ACTION:

On December 14, 2021 per Resolution 2021-162 the City
Council authorized execution of a construction contract with Thompson Builders Corporation for the construction of the Wastewater Treatment and Reclamation Plant Phase 1
Upgrades Project.

STATEMENT OF THE
PURPOSE:

Consideration and Approval of Resolution Approving a
Budget Amendment of $779,498 to fund certain change
orders for the Wastewater Treatment and Reclamation
Plant Phase 1 Upgrades Project.

FINANCIAL IMPACT: Approval of the resolution will result in the necessary budget amendment and expenditures of $750,000 and
$29,498 totaling $779,498 to Thompson Builders.
$779,498 will be transferred from 2022 GO Bond Fund
(Fund 421) to Wastewater CIP Fund 773 and paid for from GL Account 773-50-59-3160.

BACKGROUND:

On January 21, 2022, Thompson entered into a written contract with City to construct upgrades to the wastewater treatment plant ("Contract"). The project was entitled the Wastewater Treatment and Reclamation Plant Improvement Project ("Project"). The total amount of the Contract as originally approved is $14,888,590.

During the construction process Thompson submitted Change Order Request ("COR") No. 2, Rev. 4, requesting a change order in the amount of $924,118 to compensate Thompson for sales tax incurred in connection with the project which was not included in Thompson's original bid. Separately, Thompson submitted COR No. 12Ar1 for $29,498 to pay for additional work conducted by Thompson in connection with the project.

Agenda Item #10.5.

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The City initially did not agree to the payment of COR No. 2, Rev. 4, and on March 17, 2022, Thompson Builders (TB) issued a Claim (Claim #1) requesting compensation for sales tax paid by TB for the procurement of equipment associated with the Project. The City engaged in extensive discussions and negotiations with Thompson to resolve this claim and ultimately the parties agreed to resolve COR No. 2, Rev. 4 in full through the payment of $750,000 to partially fund the sales tax expenses incurred by Thompson in connection with the Project, and to pay the full amount of $29,498 toward COR 12Ar1.

DISCUSSION:

The additional funding required to pay these change orders is not included in the current budget for this project. Public Works staff requests that Council authorize a budget amendment transferring $779,498 from 2022 GO Bond (GL Account 421) to Account 773-50-59-3160 to fund the full resolution of COR No. 2, Rev. 4 and COR 12Ar1.

ENVIRONMENTAL REVIEW: Exempt
GOAL:

Goal 2: Improve Infrastructure & Further Environmental Sustainability Goal 8: Implement Capital Improvement Plans (CIP) Projects Miscellaneous/Other DOCUMENTS ATTACHMENTS:

Exhibit A.RESOLUTION.authorization of Budget Adjustment-c1 Agenda Item #10.5.

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CITY OF ST. HELENA
RESOLUTION NO. 2025-__

RESOLUTION APPROVING A BUDGET AMENDMENT
TRANSFERRING $779,498 FROM 2022 GO BOND (GL ACCOUNT
421) TO ACCOUNT 773-50-59-3160 TO FUND CERTAIN CHANGE

ORDERS FOR THE WASTEWATER TREATMENT AND

RECLAMATION PLAN IMPROVEMENT PROJECT

RECITALS
A. On January 21, 2022, Thompson Builders Corporation (TB) entered into a written contract with City to construct upgrades to the wastewater treatment plant ("Contract").

The project was entitled Wastewater Treatment and Reclamation Plant Improvement ("Project"); and
B. During the construction process TB submitted Change Order Request ("COR") No. 2, Rev. 4, requesting a change order in the amount of $924,118 to compensate Thompson for sales tax incurred in connection with the project which was not included in Thompson's original bid. Separately, Thompson submitted COR No. 12Ar1 for $29,498 to pay for additional work conducted by Thompson in connection with the project; and
C. The City engaged in extensive discussions and negotiations with Thompson to resolve this claim and ultimately the parties agreed to resolve COR No. 2, Rev. 4 in full through the payment of $750,000 to partially fund the sales tax expenses incurred by Thompson in connection with the Project, and to pay the full amount of $29,498 toward COR 12Ar1; and
D. Public Works has identified a funding source to pay these additional costs and requests that Council authorize a budget amendment transferring $779,498 from GO Bond to Account 773-50-59-3160 to fund the costs of the agreed upon change orders.

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

1. The City Council hereby approves a budget amendment as follows:

Agenda Item #10.5.

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Description Fund GL Account Amount
Transfer to Other Funds –
Budget Increase to
Expense
2022 GO Bond 421-40-00-28-99 750,000
Transfer to Other Funds –
Budget Increase to
Expense
2022 GO Bond 421-40-00-28-99 29,498
Operating Transfers In –
Budget Increase to
Revenue
Wastewater
Capital Fund 773-39-98-00-00 779,498
CIP Construction
Contracts – Budget
Increase to Expense
Wastewater
Capital Fund 773-50-59-31-60 779,498
Approved at a Regular Meeting of the St. Helena City Council on May 27, 2025, by the following vote:

Mayor Dohring:

Vice Mayor Deasy:

Council Member Barak:

Council Member Spadarotto:

Council Member Summers:

APPROVED: ATTEST:
________________________ ________________________
Paul Jamison Dohring, Mayor Erika Opp, Acting City Clerk Agenda Item #10.5.

Page 106 of 408 ends

Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: May 27, 2025
FROM: Lesley Milton, Deputy City Manager
SUBJECT: Adopt a Resolution authorizing the execution of a Professional Services Agreement with JSP Automation for the Lift Station Programmable Logic Controller (PLC)
Upgrade at the Wastewater Treatment Plant for a total notto-exceed amount of $68,805, which includes a base bid of $59,830 plus a 15% contingency, and authorize the City
Manager to execute the agreement.

RECOMMENDED
ACTION:

Approve the recommended action authorizing the City
Manager to execute the Professional Services Agreement
with JSP Automation for the Lift Station PLC Upgrade and SCADA integration.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
PURPOSE:

Authorization to Execute a Professional Services
Agreement with JSP Automation for Lift Station PLC
Upgrade at Wastewater Treatment Plant.

FINANCIAL IMPACT: The total cost of the proposed scope of work, including a 15% contingency, is $68,805. Funds are available within the current fiscal year's approved budget funded from
budget line item 571-50-29-2145 Other Contract Services.

BACKGROUND:

The existing PLC system controlling the wastewater treatment plant influent lift station has reached its end of life, resulting in increased maintenance requirements and reduced reliability. A Programmable Logic Controller (PLC) is a specialized digital computer used extensively in industrial automation and control systems. PLCs are designed to manage machinery, processes, and equipment by continuously monitoring inputs from sensors or devices, making logical decisions based on programmed instructions, and controlling outputs to actuators, motors, or other equipment.

JSP Automation has proposed an upgrade to an Allen Bradley CompactLogix PLC, consistent with the technology being installed in the current Wastewater Treatment Plant improvement project. Additionally, the current PLC does not have any SCADA access or tie-in so there is no remote access or alarm notification in the event of an emergency or equipment malfunction.

DISCUSSION:

Agenda Item #10.6.

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The project includes:
 Replacement of the existing PLC with an Allen Bradley CompactLogix PLC system.
 Modifications to the SCADA application for improved monitoring and control.  Technical engineering services, including wiring diagrams, technical data sheets, and bill of materials.
 PLC programming to provide level-based control for three variable frequency drive (VFD) pumps, maintaining wet well level using existing floats and level transmitters.
 SCADA programming enhancements, including updated graphical displays, VFD displays, analog and setpoint displays, as well as equipment runtime and flow totalization.
 Field engineering services comprising site survey, wiring verification, PLC replacement, and startup and commissioning.

BENEFITS TO SERVICE
The PLC upgrade will:
 Significantly improve system reliability and operational efficiency.  Automate pump controls and monitoring, reducing manual intervention.  Incorporate alarm systems for early detection of operational anomalies, minimizing response time and risk of environmental impact.  Enhance overall operational safety and reliability of the lift station.

ALTERNATIVES
If the City Council chooses not to approve this upgrade, the following trade-offs and potential impacts should be considered:

1. Operational Risk and Reliability:
o Continued use of the aging PLC significantly increases the risk of equipment failure.
o Potential system downtime could lead to sewage overflow events, environmental damage, regulatory fines, and public health concerns.

2. Manual Intervention and Increased Labor Costs:
o Without automation and SCADA integration, staff must manually monitor the lift station more frequently, increasing labor costs and diverting staff from other critical tasks.

3. Lack of Alarm and Emergency Notification:
o The absence of alarm notifications would result in delayed responses during emergencies, potentially exacerbating issues and increasing repair costs.

4. Increased Maintenance and Repair Expenses:
o Ongoing maintenance of outdated equipment may become costly, with parts becoming scarce and expensive over time.

Agenda Item #10.6.

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5. Compliance and Regulatory Risks:
o An older PLC system may struggle to keep pace with evolving regulatory requirements, potentially placing the city at risk for compliance violations.

In summary, delaying this upgrade would result in higher risks, increased operational expenses, decreased efficiency, and reduced ability to respond proactively to system issues.

Contracting with JSP Automation is recommended as they are currently providing SCADA system services for the Wastewater Treatment Plant MBR facility and possess unique familiarity with our systems. Utilizing JSP Automation for this PLC upgrade allows for seamless integration of both systems, providing economies of scale and justifying a sole source procurement.

ENVIRONMENTAL REVIEW: This is not a CEQA project.

GOAL:

Goal 3: Pursue Water Security & Sustainable Management of Water Resources Goal 7: Enhance Organizational Effectiveness
Goal 8: Implement Capital Improvement Plans (CIP) Projects Miscellaneous/Other DOCUMENTS ATTACHMENTS:

JSP resolution
PSA JSP SCADA PLC upgrade 04202025
PLC PRP_250314-01_STH
Agenda Item #10.6.

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CITY OF ST. HELENA
RESOLUTION NO. 2025-__
Resolution Authorizing the Execution Of A Professional Services Agreement With JSP Automation For The Lift Station
Programmable Logic Controller (Plc) Upgrade At The Wastewater Treatment Plant For A Total Not-To-Exceed Amount Of $68,805, Which Includes A Base Bid Of $59,830 Plus A 15% Contingency, And Authorize The City Manager To Execute The Agreement.

RECITALS
A) A Programmable Logic Controller (PLC) is a specialized digital computer used extensively in industrial automation and control systems. PLCs are designed to manage machinery, processes, and equipment by continuously monitoring inputs from sensors or devices, making logical decisions based on programmed instructions, and controlling outputs to actuators, motors, or other equipment.

B) The existing PLC system controlling the wastewater lift station has reached its end of life, resulting in increased maintenance requirements and reduced reliability.

C) The current PLC does not have any SCADA access or tie in so there is no remote access or alarm notification in the event of an emergency.

D) JSP Automation has proposed an upgrade to an Allen Bradley CompactLogix PLC, consistent with the technology being installed in the current Wastewater Treatment Plant improvement project.

E) The PLC upgrade will:
i) Significantly improve system reliability and operational efficiency. ii) Automate pump controls and monitoring, reducing manual intervention. iii) Incorporate alarm systems for early detection of operational anomalies, minimizing response time and risk of environmental impact. iv) Enhance overall operational safety and reliability of the lift station. v) Contracting with JSP Automation is recommended as they are currently providing SCADA system services for the Wastewater Treatment Plant MBR facility and possess unique familiarity with our systems achieving economies of scale.

A.

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

Agenda Item #10.6.

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1. Authorization to Execute a Professional Services Agreement with JSP Automation for Lift Station Programmable Logic Controller Upgrade at Wastewater Treatment Plant the amount of $68,805 for FY 2024/25 paid out of the Wastewater Treatment Fund 571.

2. Funding is as follows:

Description Fund GL Account Amount
Other Contract Services Wastewater
Enterprise 571-50-29-2145 $68,805
Approved at a Regular Meeting of the St. Helena City Council on May 27, 2025, by the following vote:

Mayor Dohring:

Vice Mayor Deasy:

Council Member Barak:

Council Member Spadarotto:

Council Member Summers:

APPROVED: ATTEST:
________________________ ________________________
Paul Jamison Dohring, Mayor Erika Opp, Acting City Clerk Agenda Item #10.6.

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Page 1 of 13 ends

JSP Automation 2025

AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on April 22, 2025 by and between the City of St. Helena, located in the County of Napa, State of California (City), and JSP Automation (Consultant).

RECITALS:

A. City desires to employ Consultant to furnish professional services in connection with the project described as Lift Station Programmable Logic Controller (PLC) Upgrade at the Wastewater Treatment Plant.

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

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

SECTION 1 – BASIC SERVICES
Consultant agrees to perform the services set forth in Exhibit A, “Scope of Services” and made part of this Agreement.

SECTION 2 – ADDITIONAL SERVICES
Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement that are in addition to or outside of those set forth in this Agreement or Exhibit A, “Scope of Services” (the “Services”), unless such additional Services and compensation are authorized in advance and in writing by the City Council or City Manager of the City.

SECTION 3 – TIME FOR COMPLETION
The time for completion of Services shall be as identified in Exhibit A, “Scope of Services”. The parties expressly agree that time is of the essence in the performance of this Agreement.

SECTION 4 – COMPENSATION AND METHOD OF PAYMENT
A. Subject to any limitations set forth in this Agreement, City agrees to pay consultant the amount specified in Exhibit A, “Compensation” attached hereto and made a part hereof. Total compensation shall not exceed $68,805.00 unless additional compensation is approved in accordance with Section 2. This includes a based bid of $59,830.00 with a 15% contingency for a total not to exceed cost of $68,805.00 B. Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories if applicable: labor (by sub-category), travel, materials, equipment, supplies, Agenda Item #10.6.

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JSP Automation 2025
subconsultant contracts, and miscellaneous expenses. Each original invoice furnished shall include the expenses incurred during the preceding month, the cumulative Agreement amount, and the amount remaining on the Agreement. City shall independently review each invoice submitted to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. If no charges or expenses are disputed, the invoice shall be approved, and City will use its best efforts to cause Consultant to be paid within 30 days of receipt of invoice. If the City disputes any charges or expenses, the City will return the original invoice to Consultant for correction and resubmission. If the City reasonably determines, in its sole judgment, that the invoiced charges and expenses exceed the value of the Services performed to date and that it is probable that the Agreement will not be completed satisfactorily within the contract price, City may retain all or a portion of the invoiced charges and expenses.

Within thirty (30) days of satisfactory completion of the project, City shall pay the retained amount, if any, to Consultant.

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

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

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

SECTION 6 – INSPECTION AND FINAL ACCEPTANCE
City may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant’s work within sixty (60) days after submitted to City, unless the parties mutually agree to extend such deadline. City shall reject work by a timely written explanation, otherwise Consultant’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects and fraud. Acceptance of any of Consultant’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, the sections pertaining to indemnification and insurance.

Agenda Item #10.6.

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JSP Automation 2025
SECTION 7 – INSURANCE REQUIRED
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees, as indicated:

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

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

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

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

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

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

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

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

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

D. Excess Limits. If Consultant maintains higher limits than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

E. Primary Coverage. For any claims related to this contract the Consultants insurance coverage shall be primary insurance as respects to City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, Agenda Item #10.6.

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JSP Automation 2025
employees, or volunteers shall be excess of Consultants insurance and shall not contribute with it.

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

G. Other Insurance Provisions. The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

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

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

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

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

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

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

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

SECTION 8 – INDEMNIFICATION
A. To the fullest extent allowed by law (including without limitation California Civil Code Sections 2782 and 2782.8), as may be applicable, Consultant shall indemnify, defend, and Agenda Item #10.6.

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

B. When Consultant under this Agreement is duly licensed under California Business and Professions Code as an architect, landscape architect, professional engineer, or land surveyor (i.e., a “design professional,” pursuant to Civil Code § 2782.8(c)), the provisions of this section regarding Consultant’s duty to defend and indemnify apply only to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant.

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

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

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

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

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

Agenda Item #10.6.

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

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

SECTION 10 – CONFLICTS OF INTEREST AND ANTI-FRAUD AND ANTICORRUPTION POLICIES A. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of Services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts with the interests of City in the performance of this Agreement.

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

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

SECTION 11 – OWNERSHIP OF DOCUMENTS
A. All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the course of providing any Services pursuant to this Agreement shall become the Agenda Item #10.6.

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sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. When requested by City, but no later than three years after project completion, Consultant shall deliver to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

B. All copyrights, patents, trade secrets, or other intellectual property rights associated with any ideas, concepts, techniques, inventions, processes, improvements, developments, works of authorship, or other products developed or created by Consultant during the course of providing Services (collectively the “Work Product”) shall belong exclusively to City. The Work Product shall be considered a “work made for hire” within the meaning of Title 17 of the United States Code. Without reservation, limitation, or condition, Consultant hereby assigns, at the time of creation of the Work Products, without any requirement of further consideration, exclusively and perpetually, any and all right, title, and interest Consultant may have in the Work Product throughout the world, including without limitation any copyrights, patents, trade secrets, or other intellectual property rights, all rights of reproduction, all rights to create derivative works, and the right to secure registrations, renewals, reissues, and extensions thereof.

SECTION 12 – CONFIDENTIAL INFORMATION; RELEASE OF

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

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

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

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

D. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite such response.

Agenda Item #10.6.

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SECTION 13 – SUSPENSION OF WORK
City may, at any time, by ten (10) days written notice suspend further performance by Consultant. All suspensions shall extend the time schedule for performance in a mutually satisfactory manner and Consultant shall be paid for Services performed and reimbursable expenses incurred prior to the suspension date.

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

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

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

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

C. Solicitations for Subcontractors including Procurement of Materials and Equipment.

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

SECTION 16 – COMPLIANCE WITH CALIFORNIA LABOR CODE

REQUIREMENTS
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 Agenda Item #10.6.

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$1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

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

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

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

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

Agenda Item #10.6.

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

SECTION 18 – LIMITATION OF LIABILITY
A. Consultant agrees that any liability of City arising in connection with this Agreement shall be limited exclusively to the City-entity identified as the “City” under this Contract. Under no circumstance shall any other City-entity be liable to Consultant under any theory, whether in contract, tort, or otherwise, and Consultant waives unconditionally any such claims. Consultant hereby waives and release other City-entites from any liability under this Agreement.

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

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

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

To City: City Manager
1088 College Ave
St. Helena, California 94574
To Consultant: James S Phillips, PE
405 30th Street
Sacramento, CA 95816
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile, email, or, if mailed, three (3) days after deposit in the custody of the U.S. Postal Service.

SECTION 21 – TERMINATION
Agenda Item #10.6.

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A. City may terminate this Agreement, with or without cause, at any time by giving ten (10) days written notice of termination to Consultant. If such notice is given, Consultant shall cease immediately all work in progress.

B. If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice.

C. Upon termination of this Agreement by either Consultant or City, all property belonging to City which is in Consultant’s possession shall be delivered to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in this Agreement.

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

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

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

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

SECTION 26 – DEFAULT
Agenda Item #10.6.

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

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

SECTION 28 – LAW TO GOVERN; VENUE
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Napa. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Northern District of California, in San Francisco.

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

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

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

SECTION 32 – SPECIAL PROVISIONS
Agenda Item #10.6.

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This Agreement is subject to the following special provisions: none.

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

Consultant: City:

By: ________________________________ By: ________________________ Name: ______________________________ Name: Anil Comelo
Title:________________________________ Title: City Manager Approved as to Form:

By: _________________________________
Name: Ethan Walsh
Title: City Attorney
Agenda Item #10.6.

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March 14, 2025
Electrical, Instrumentation and Control Systems
Scope or Work and Cost Proposal
Project Name: City of Saint Helena - WWTP
Task Item: Lift Station PLC Upgrade
Prepared By: James S Phillips, PE
Overview
JSP AUTOMATION (JSP) is pleased to offer our proposal for a PLC upgrade replacement for the above-mentioned project. Our general “Scope of Work” is offered to address the following
• Replace existing PLC with Allen Bradly CompactLogix PLC to match the Wastewater Treatment Plant Project currently under construction
• Modify New SCADA application for Monitoring and Control • Provide Technical Services (Engineering, Programming and Commissioning Services) Technical Services
JSP to provide electrical distribution system as proposed by Eaton.

1. Control Engineering to prepare PLC Control Wiring Drawings to include:
• Wiring Diagrams
• Technical Data Sheets
• Bill of Materials

2. PLC Programming Services
• Program to provide level-based control for 3 VFD pumps to maintain wetwell level. Control based on existing floats and level transmitter. • Monitor Up to 3 Flowmeters (Per Discussion)

3. SCADA Programming
• Provide Graphics Display for Pump Station
• Provide (3) Equipment VFD Displays to match existing SCADA • Provide (4) Analog Displays to match existing
• Provide Setpoint Displays to match existing
• Provide Equipment Runtime and Flow Totalization Displays

4. Field Engineering
• Site Survey and Wiring Verification (8 Hrs.)
• Replace existing PLC (8 Hrs.)
• Start-Up and Commissioning (16 Hrs.)
405 30th Street
Sacramento, CA. 95816
Tel: (916) 448-3776
Fax: (916) 448-3778
Email: [email protected]
Agenda Item #10.6.

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PLC RETROFIT ENCLOSURE
• Allen Bradley (5069 Series Compact Logic PLC)
o Processor
o Analog Input (8) Channel
o Analog Output (4) Channel
o (2) 16 Channel Input
o (1) 16 Channel relay Module
• (3) VFD Interface Logic
o Control Relays, terminal blocks
• Power Supply System
o 24 VDC Power Supply System
o Surge Protector
• Local 7” Dedicated HMI (Optional Adder A1)

COST SUMMARY
Task Description Cost
1 Engineering Services $ 7,000.00
2 SCADA and PLC Programming Services (120 Hrs.) $ 18,600.00 3 Field Instrumentation $ 0.00
4 PLC Retrofit Panel $ 29,980.00
5 Field Start-Up and Commissioning $ 4000.00
6 Training (2 Hrs.) $ 250.00
COST $59,830.00
A1 Local 7” HMI Programmed $ 4,850.00
A2 Submersible Level Transmitter $ 2,350.00
Conditions:

1. Engineering Service Billed Upon Approved Submittal

2. Panel and Programming Billed on Shipment

3. Field Start-Up Billed at Project Completion

4. Cost Excluding Tax
Exclusions:

1. Level Transmitter (Optional Adder A2)

2. Float Switches

3. Variable Frequency Drives

4. Field Instrumentation

5. UPS

6. Process Taps, Shut-off and Bypass Valves

7. Conduit and Wire

8. Field Installation other than retrofit panel
Agenda Item #10.6.

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Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department:

DATE: May 27, 2025
FROM: Martin Beltran, Finance Manager
SUBJECT: Second Reading and Proposed Approval of an Ordinance Amending Sections 13.04.100 and 13.04.130 of Article 1, Chapter 13.04, Title 13 of the St. Helena Municipal Code and Section 13.20.020 of Chapter 13.20, Title 13 of the St.

Helena Municipal Code Regarding Changes to Utility
Billing Cycle for Water Service and Sewer Service from BiMonthly to Monthly Billing, revise the bill due date provisions, and eliminate references to delinquency
penalties.

RECOMMENDED
ACTION:

Adoption by title only and waive the second reading of the proposed Ordinance amending Sections 13.04.100 and

13.04.130 of Article 1, Chapter 13.04, Title 13 of the St.

Helena Municipal Code and Section 13.20.020 of Chapter

13.20, Title 13 of the St. Helena Municipal Code
Regarding Changes to Utility Billing Cycle for Water
Service and Sewer Service from Bi-Monthly to Monthly
Billing, revise the bill due date provisions, and eliminate references to delinquency penalties.

PREVIOUS COUNCIL
ACTION:

The City Council held the first reading at their May 13, 2025, regular City Council meeting and approved the
ordinance.

STATEMENT OF THE
PURPOSE:

To update the utility billing cycle from bi-monthly to a monthly cycle, revise the bill due date provisions, and eliminate references to delinquency penalties.

FINANCIAL IMPACT: The estimated annual impact is approximately $45,000 reduction in water revenues and $21,000 in wastewater
revenues as a result of eliminating penalties assessed on delinquent bills.

BACKGROUND:

The City currently operates on a bi-monthly utility billing cycle for water and sewer services. Under this system, customers receive bills every two months, with payments due thirty (30) days from the billing date.

In response to customer feedback, industry best practices, and internal operational assessments, staff has evaluated potential changes to streamline billing and enhance customer service. This proposed transition is made possible by the City’s Smart meter Agenda Item #10.7.

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replacement project. These meters provide real time water usage data, allowing for more timely billing and better usage monitoring—benefiting both customers and City operations.

The City Council conducted and approved the first reading at the regular City Council meeting of May 13, 2025.

DISCUSSION:

Three recommended changes to Title 13 of the City's Municipal Code are being presented to City Council for consideration.

1. Amendment to change to a monthly billing cycle effective July 1, 2025. It is important to emphasize that this change has a net-zero impact on customer costs as to the amount paid remains the same, but is collected 12 times per year rather than 6 times.

2. Reducing the utility bill due date from 30 to 21 days.

3. Eliminate late penalties and interest charges on delinquent utility bills.

New Billing Cycles
This transition reflects our commitment to excellent customer service. Monthly billing will make understanding and managing your utility charges easier while enabling greater operational efficiency across City departments. In addition, monthly billing provides more timely information about water use and more frequent opportunities to identify and repair household leaks that might otherwise go undetected.

Benefits of monthly billing include:
 Smaller, more manageable payments: Spreading out costs over 12 payments per year instead of six.
 Better budgeting: Consistent payment cycles with other monthly expenses. Your water bill will now arrive at a similar frequency with most other utility bills such as gas and electric, making your monthly budget that much simpler.  Enhanced clarity: Detailed monthly insights into your water usage through the “Eye on Water” smart meter portal. Monitoring your water use can help you understand consumption habits and manage water costs.
 Real-time tracking: Stay informed about your daily water consumption via the “Eye on Water” smart meter portal. Help promote water conservation by allowing customers to more quickly detect leaks or other increased water use, reducing the possibility of a high water bill.

Due Date Change: 30 Days to 21 Days
Reducing the utility bill due date from 30 days to 21 days aligns more closely with standard industry practices and better supports the transition to a monthly billing cycle.

This change encourages timely payment while still offering a reasonable payment window.

Agenda Item #10.7.

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The revised billing period will improve alignment of due dates and payments as well as improve billing statement accuracy by allowing ample time for payments to be posted to the accounts. Improved billing accuracy will reduce customer complaints that were previously received when the City billed on a monthly basis due to payments not shown on the billing statement because of the previous overlap of the due date and bill period.

Under the revised model, billing statements will more reliably reflect account activity from the previous billing period, helping to provide a clearer view of the customer’s account balance.

Past Due Fees
The current provision states that utility bills are due and payable upon presentation and are considered delinquent after thirty (30) days. Upon delinquency, the City is authorized to impose the following enforcement measures:

1. A delinquency penalty of ten percent (10%) of the outstanding amount;

2. An interest charge of one percent (1%) per month, or fraction thereof, on the delinquent balance, calculated from the original delinquency date until paid in full.

The proposed ordinance amendment would eliminate the past due fees and the intent is to:
 Reduce the financial burden on residents who may experience temporary hardship;
 Align with broader statewide efforts to improve equity in utility billing The City will continue to encourage timely payments and offer structured payment plans to help customers stay current on their account. The City will continue to follow State policies, such as SB 998 (Water Shutoff Protection Act), which emphasizes customer protection.

Customer Transition Plan
In order to provide awareness of the recommended transition to monthly billing, a mailer was sent to all utility bill customers on May 1st and the upcoming May utility bill will include an insert of the planned changes. The City will also utilize the various approaches in its communication to inform all utility customers of the upcoming changes, including direct mail and e-bill notices, updates via the City’s Newsletter, website, and social media channels.

Please note there will be a bill in July and August. Under the bi-monthly billing cycle the last bi-monthly bill will be issued mid-July for the period of May 1 - June 30, 2025.

Payment will be due 30 days from the issue date of the bill. Customers will receive their first monthly bill mid-August for the period of July 1 to July 31, 2025.

Agenda Item #10.7.

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ENVIRONMENTAL REVIEW: N/A
DOCUMENTS ATTACHMENTS:

Attachment A - Redline Ordinance Amending Billing Cycle Attachment B - Clean Copy Ordinance Amending Billing Cycle Attachment C - Monthly Utility Rates
Agenda Item #10.7.

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65448.00100\43775773.1
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ST.

HELENA, CALIFORNIA, AMENDING SECTIONS 13.04.100 AND

13.04.130 OF ARTICLE 1, CHAPTER 13.04, TITLE 13 OF THE ST.

HELENA MUNICIPAL CODE AND SECTION 13.20.020, OF CHAPTER

13.20, TITLE 13 OF THE ST. HELENA MUNICIPAL CODE REGARDING

CHANGES TO UTILITY BILLING CYCLE FOR WATER SERVICE AND

SEWER SERVICE FROM BI-MONTHLY TO MONTHLY BILLING,

REVISE THE BILL DUE DATE PROVISIONS, AND ELIMINATE
REFERENCES TO DELINQUENCY PENALTIES.

WHEREAS, Chapter 13 (Water Service System) Section 13.04.100.F (Rules and Regulations Generally) of the St. Helena Municipal Code (SHMC) establishes the guidelines for bills for water charges and the billing cycle; and WHEREAS, Chapter 13.04.130.D (Enforcement—Discontinuance of service upon delinquency) of the SHMC establishes the billing due date, procedures for delinquent water bills, and provisions for the disconnection of water service; and WHEREAS, SHMC section 13.20.020.C sets forth the billing due date and outlines the procedures for handling delinquent sewer accounts; and WHEREAS, the City desires to amend SHMC section 13.04.100, 13.04.130, and

13.20.020 to update the utility billing cycle for water service and sewer service from bimonthly to monthly billing, revise the bill due date provisions, and eliminate references to delinquency penalties. and
WHEREAS, the City Council desires to approve the requested amendments to Sections 13.04.100 and 13.04.130 of Article 1, Chapter 13.04, Title 13 of the St. Helena Municipal Code and Section 13.20.020, of Chapter 13.20, Title 13 of the St. Helena Municipal Code through approval of this Ordinance.

NOW THEREFORE, the City Council of the City of St. Helena does hereby ordain as follows:

SECTION 1. Recitals. The above recitals are incorporated as though set forth in this section.

SECTION 2. Amendment of Sections 13.04.100 and 13.04.130 of Article 1, Chapter 13.04, Title 13 of the St. Helena Municipal Code.

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65448.00100\43775773.1
Sections 13.04.100, subparagraph F and 13.04.130, subparagraph D of Article 1, Chapter 13.04, Title 13 of the St. Helena Municipal Code are hereby amended to read as follows (new language is underlined, deletions are in strikeout):

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

13.04.130.D Failure to Pay Bill. Bills are due and payable upon presentation and delinquent after thirty (30) twenty-one (21) days. Upon failure of any consumer billed or the owner of any premises to pay any water service charge prior to the delinquency, the following action or actions shall be taken by the city to enforce such payment after such bill becomes delinquent:

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

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

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

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

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

SECTION 3. Amendment of Section 13.20.020 of Chapter 13.20, Title 13 of the St. Helena Municipal Code.

Section 13.20.020, subparagraph C of Chapter 13.20, Title 13 of the St. Helena Municipal Code is hereby amended to read as follows (new language is underlined, deletions are in strikeout):

C. Failure to Pay Bill. Bills are due and payable upon presentation and delinquent after thirty (30) twenty-one (21) days. Upon failure of any consumer billed or the owner of any premises to pay a sewer charge prior to the delinquency, the following action or actions shall be taken by the city to enforce such payment after such bill becomes delinquent:

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65448.00100\43775773.1

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

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

3.1. At the city’s election, cause an action at law to be brought on behalf of the city against the person responsible for payment of such bill to recover the amount of such bill and the cost of such action, including reasonable attorney fees incurred in an amount fixed by the court.

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

SECTION 4. Severability. If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 45. CEQA. This ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines (the Guidelines), and the environmental regulations of the City.

The City Council hereby finds that this ordinance is exempt from review under CEQA under Section 15061(b)(3) of the State CEQA Guidelines because it can be seen with certainty that the provisions contained herein would not have the potential for causing a significant effect on the environment.

SECTION 6. Effective Date. This ordinance shall take effect and be enforced on July 1, 2025, and a summary of this ordinance shall be published once with the names of the members of the Council voting for and against the ordinance in the St. Helena Star, a newspaper of general circulation published in the City of St. Helena.

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65448.00100\43775773.1
THE FOREGOING ORDINANCE was introduced at a regular meeting of the St. Helena City Council on the 13th day of May 2025, and was adopted at a regular meeting of the St. Helena City Council on the ____th day of _____, 2025, by the following vote:

Mayor Dohring: _____
Vice Mayor Deasy: _____
Councilmember Barak: _____
Councilmember Spadarotto: _____
Councilmember Summers: _____
APPROVED:
_______________________________
Paul Jamison Dohring, Mayor
ATTEST:

CITY OF ST. HELENA
___________________________________
Erika Opp, Acting City Clerk
I, ERIKA OPP, ACTING CITY CLERK of the City of St. Helena, California, do hereby certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 2025. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of , 2025, by the following vote:

Mayor Dohring: _____
Vice Mayor Deasy: _____
Councilmember Barak: _____
Councilmember Spadarotto: _____
Councilmember Summers: _____
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13.04.100 Rules and regulations generally.

A. Right of Access. Duly authorized representatives of the department shall have the right of access at all reasonable hours to any premises where water from the department’s water system is used for the purpose of inspection and examination.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

C. Discontinuance for Certain Violations. In the event of violation, other than nonpayment of water service charges, of any terms of this chapter and Chapters 13.08 and 13.12, the director of public works may disconnect any premises from the water system after first notifying in writing the person causing, allowing or committing such violation, specifying the violation and, if applicable, the time after which, upon the failure of such person to prevent or rectify the violation, the director of public works will exercise his or her authority to disconnect the premises from the water system; provided, that such time shall not be less than five days after the deposit of such notice in the United States Post Office at St. Helena, Napa County, California, addressed to the person to whom notice is given; provided, however, that in the event such violation results in a public hazard or menace, then the director of public works may enter upon the premises without notice and do such things and expend such sums as may be necessary to abate such hazard, and the reasonable value of the things done and the amounts expended in so doing shall be a charge upon the person so in violation.

D. Failure to Pay Bill. Bills are due and payable upon presentation and delinquent after twenty-one (21) days. Upon failure of any consumer billed or the owner of any premises to pay any water service charge prior to the delinquency, the following action or actions shall be taken by the city to enforce such payment after such bill becomes delinquent:

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

2. Cause an action at law to be brought on behalf of the city against the person responsible for payment of such bill to recover the amount of such bill and the cost of such action including reasonable attorney fees incurred in an amount fixed by the court; Agenda Item #10.7.

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

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

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

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

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

H. Lien for Delinquencies. In addition and as an alternative to any other remedy for enforcement and collection, all delinquent water service charges, including late charges and interest for nonresidential properties, shall become a lien upon the nonresidential real property upon which water is furnished prior to all other liens, encumbrances or exemptions, other than state and county taxes, and shall have the force and effect of a tax lien. The lien shall continue until it is paid together with the penalties and interest set forth in this section. The lien shall be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All acts applicable to levy, collection and enforcement of municipal taxes apply to this lien. (Ord. 20-4 § 1; Ord. 16-13 § 5 (Att. 6); Ord. 02-5 § 18; prior code § 18.13) Agenda Item #10.7.

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13.20.020 Sewer charges.

A. Charges Imposed. Owners of property shall pay to the city a charge based on user categories for the connection of the property to the public sewage system in the amounts set forth by council resolution for every month or any fraction thereof. Properties which are susceptible to classification under two or more user categories shall be subject to charges of the higher classification.

B. Collection and Billing Generally.

1. Sewer charges to occupants of property not billed for water service by the municipal water department shall be billed directly for such sewer charges at the same time interval as bills for water charges.

2. All other sewer charges shall be collected from the occupants with the charges for water of the municipal water department of the city and shall be billed upon the same bill.

C. Failure to Pay Bill. Bills are due and payable upon presentation and delinquent after twenty-one (21) days. Upon failure of any consumer billed or the owner of any premises to pay a sewer charge prior to the delinquency, the following action or actions shall be taken by the city to enforce such payment after such bill becomes delinquent:

1. At the city’s election, cause an action at law to be brought on behalf of the city against the person responsible for payment of such bill to recover the amount of such bill and the cost of such action, including reasonable attorney fees incurred in an amount fixed by the court.

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

D. Delinquencies. In addition and as an alternative to any other remedy for the enforcement and collection of sewer charges, all delinquent sewer charges shall become a lien upon the real property upon which sewage is furnished or supplied, prior to all other liens, encumbrances or exemptions, other than state and county taxes, and shall have the force and effect of a tax lien, and shall be enforced as follows: on or about September 1st of each year the city clerk shall note the amount of all delinquent sewer charges upon the assessment of such real property as shown upon the assessment roll of the city for the current fiscal year, and shall add the amount of such delinquent sewer charges to the tax assessed against such real property and the amount shall be collected with such taxes in the same manner and at the same time as city taxes, and, if not so paid, the same penalties shall be added as are now, or may thereafter be, added to delinquent taxes, and thereafter the real property upon which it is a lien shall be sold and be subject to redemption in the same manner as real property is now, or may hereafter be, sold for delinquent taxes.

E. Hardship Agreements. City finance department may in its discretion offer hardship agreements which create payment plans for delinquent bills. Such agreements are available at the finance Agenda Item #10.7.

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department. All requests for hardship agreements and payment plans must be submitted in writing.

Hardship agreements may be approved at the discretion of the finance director based on amount owed and payment history. (Ord. 19-9 § 2 (Exh. B); Ord. 16-13 § 5 (Att. 6); Ord. 11-4 § 3; Ord. 08-1 § 1; Ord. 04- 9 § 2; Ord. 00-6 § 2; prior code § 12.3)
Agenda Item #10.7.

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Effective Effective Effective Effective Effective
Description Previous* 9/1/2023* 7/1/2024* 7/1/2025 7/1/2026 7/1/2027 Meter Size
5/8" $69.89 $67.75 $73.17 $79.02 $85.35 $92.18
3/4" $69.89 $67.75 $73.17 $79.02 $85.35 $92.18
SFR 1" $69.89 $67.75 $73.17 $79.02 $85.35 $92.18
1" $128.22 $144.35 $155.90 $168.37 $181.84 $196.39
1 1/2" $225.64 $272.02 $293.79 $317.29 $342.68 $370.09
2" $324.00 $425.23 $459.25 $495.99 $535.67 $578.52
3" $654.72 $910.38 $983.21 $1,061.87 $1,146.82 $1,238.57 4" $1011.98 $1,625.34 $1,755.37 $1,895.80 $2,047.46 $2,211.26 6" $1981.63 $3,591.47 $3,878.79 $4,189.10 $4,524.23 $4,886.17 Fireline Size
4" $13.33 $58.39 $63.06 $68.11 $73.56 $79.45
6" $38.73 $142.85 $154.28 $166.63 $179.96 $194.36
8" $82.53 $293.41 $316.88 $342.24 $369.62 $399.19
All Classes
Tier 1; 1-6 HCF** $6.50 $5.99 $6.47 $6.99 $7.55 $8.16
Tier 2; >6-7 HCF** $7.23 $12.06 $13.03 $14.08 $15.21 $16.43 Tier 3; >8 HCF** $12.91 $13.95 $15.07 $16.28 $17.59
** HCF: Hundred Cubic Feet = 748.05 Gallons
The allotment in each tier is per connection or residential dwelling unit where master-metered.

Monthly Fixed Charges
Volumetric Charges
* Billed Bi-monthly
Adopted Five-Year Water Rate Schedule – Base Condition Rates Agenda Item #10.7.

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Adopted Five-Year Schedule of Water Shortage Surcharges Drought Rates Phase I Phase II Phase III
9/1/2023
Tier 1 $0.89 $2.99 $5.97
Tier 2 $1.79 $6.01 $12.02
Tier 3 $1.92 $6.43 $12.87
7/1/2024
Tier 1 $0.97 $3.23 $6.45
Tier 2 $1.94 $6.50 $12.99
Tier 3 $2.08 $6.95 $13.90
7/1/2025
Tier 1 $1.05 $3.49 $6.97
Tier 2 $2.10 $7.02 $14.03
Tier 3 $2.25 $7.51 $15.02
7/1/2026
Tier 1 $1.14 $3.77 $7.53
Tier 2 $2.27 $7.59 $15.16
Tier 3 $2.43 $8.12 $16.23
7/1/2027
Tier 1 $1.24 $4.08 $8.14
Tier 2 $2.46 $8.20 $16.38
Tier 3 $2.63 $8.77 $17.53
Agenda Item #10.7.

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Previous Effective Effective Effective Effective Effective Description Rates* 9/1/2023* 7/1/2024* 7/1/2025 7/1/2026 7/1/2027 Monthly Charges
Residential Base Charge $63.67 $89.63 $93.22 $96.95 $100.83 $104.86 Residential Use Charge
(AWC)[1] $5.58 $9.89 $10.29 $10.71 $11.14 $11.59
5/8" $88.34 $125.25 $130.27 $135.48 $140.90 $146.54
1" $220.86 $283.78 $295.14 $306.95 $319.23 $332.00

1.5" $441.71 $548.00 $569.92 $592.72 $616.43 $461.09
2" $706.74 $865.06 $899.66 $935.65 $973.08 $1,012.01
3" $1,413.49 $1,869.08 $1,943.84 $2,021.60 $2,102.46 $2,186.56 4" $2,208.57 $3,348.68 $3,482.63 $3,621.94 $3,766.82 $3,917.50 6" $4,417.14 $7,417.61 $7,714.31 $8,022.89 $8,343.81 $8,677.56 Car Wash $3.86 $6.73 $7.00 $7.28 $7.58 $7.89
Religious $4.29 $7.28 $7.58 $7.89 $8.21 $8.54
Commercial $5.07 $8.42 $8.76 $9.12 $9.49 $9.87
Groceries and Mortuaries $13.62 $20.65 $21.48 $22.34 $23.24 $24.17 Laundry $4.42 $7.46 $7.76 $8.08 $8.41 $8.75
Mixed Retail $8.52 $13.50 $14.04 $14.61 $15.20 $15.81
Lodging with Food $10.22 $15.83 $16.47 $17.13 $17.82 $18.54 Lodging without Food $5.54 $9.00 $9.36 $9.74 $10.13 $10.54 Restaurant $13.50 $20.30 $21.12 $21.97 $22.85 $23.77
Napa Valley College $4.22 $7.18 $7.47 $7.77 $8.09 $8.42 Service Station $5.83 $9.55 $9.94 $10.34 $10.76 $11.20
Winery Pre-Treated $5.39 $8.87 $9.23 $9.60 $9.99 $10.39 Winery Non-Treated $23.75 $34.27 $35.65 $37.08 $38.57 $40.12 Schools $2.10 $7.18 $7.47 $7.77 $8.09 $8.42
Adopted Five-Year Wastewater Rate Schedule
* Billed Bi-monthly
[1] AWC: Average Winter Consumption
[2] HCF: Hundred Cubic Feet = 748.05 Gallons
Non-Residential Base Charge
Non-Residential Use Charge (per HCF)[2]
Agenda Item #10.7.

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From: Christopher J Warner
To: Public Comment; Erika Opp
Cc: Paul Dohring; Aaron Barak; Mandy Kellogg; Ethan Walsh; Anil Comelo; Martin Beltran Subject: [External] Comments of Christopher Warner - Agenda Item 10.7, City Council Meeting, May 27, 2025 Date: Friday, May 23, 2025 4:01:45 PM
Comments of Christopher Warner - Agenda Item 10.7, City Council Meeting, May 27, 2025 - Second Reading of Water and Wastewater Billing and Elimination of Interest and Penalties for Non-Payment Ordinance –
I respectfully oppose and ask the Council to reconsider the part of the proposed Water Billing ordinance that would repeal and eliminate any interest or penalties assessed against residential water and wastewater customers for non-payment of bills. Although stated by staff as needed to “improve equity,” the elimination is nothing of the sort, because it effectively incents and grants non-needy water customers interest free loans from other water customers, including needy customers, to avoid payment of their water bills for numerous months, with the City’s only remedy to file a legal action in court to recover the unpaid amounts after ruling on customer appeals of the threatened disconnection of their water service, at likely significant costs to the City. The permanent elimination of interest and penalties also would remove thousands of dollars available to the City to fund the City’s CARE program without needing to use General Funds which increase budget deficits.

This use of such water customer penalty assessments, as well as customer interest payment assessments above those assumed in rates, would be consistent with Proposition 218, according to advice from the City attorney.

I understand the City staff may respond that it trusts our water customers will pay their bills on time, and not take advantage of the City’s interest-free and penalty-free loans available to customers who fail to pay on-time when interest and penalty assessments are eliminated.

However, the staff report confirms that the lost revenues to the City from eliminating non-payment interest and penalties would be at least $66,000 a year. And it may be more, once monthly billing is fully implemented – and how many of those penalized customers are non-low income customers who have no excuse for not paying their bills on time? Full disclosure: I myself have missed the due date on my water bill occasionally and paid penalties and interest, and not because I’m experiencing “temporary hardship” (other than forgetting to pay on time); and not because I am a “needy” customer needing to delay paying my bill for “equity” reasons.

I support moving to monthly water and wastewater billing; it makes sense, both financially and from the perspective of customers who are used to paying monthly bills for all utility services. I also support a reasonable funding level for the CARES program for needy, qualified customers—but paid for not out of General Fund budget deficits, but paid for from other water customers’ interest and penalty assessments who don’t pay their water bills on time.

Please delete the repeal and elimination of interest and penalty assessments applied to non-paying water customers from the proposed ordinance. In this time of budget deficits and financial risks, please don’t invite and encourage well-off water customers to delay or stop paying their water bills with interest-free loans from the City and other water customers.

Chris Warner
1434 Grayson Avenue
Agenda Item #10.7.

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415-309-9572
The opinions expressed here are solely personal and my own, and not in my capacity as a volunteer or representative of the City in any capacity.

Agenda Item #10.7.

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Agenda Report to the City Council
Agenda Section: PUBLIC HEARINGS
Department: Human Resources
DATE: May 27, 2025
FROM: Mandy Kellogg, Administrative Services Director
SUBJECT: Public Hearing on Vacancies, Recruitment and Retention Efforts in compliance with Assembly Bill 2561,
Government Code Section 3502.3.

RECOMMENDED
ACTION:

Receive and file.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
PURPOSE:

The purpose is to provide a status report regarding the City's vacancies, recruitments, and retention efforts.

FINANCIAL IMPACT: None.

BACKGROUND:

On January 1, 2025, Assembly Bill 2561 (AB 2561) was enacted into law to address the growing concern of persistent job vacancies in local government, which have had a detrimental impact on the delivery of essential public services and have significantly increased the workload for existing employees. In response to these challenges, AB 2561 introduces new requirements aimed at increasing transparency and promoting more effective workforce planning at the local level.

Specifically, the bill mandates that public agencies, including cities, counties, and special districts, conduct a public hearing at least once per fiscal year to report on the status of job vacancies, as well as recruitment and retention efforts. This hearing must take place before the adoption of the agency’s annual budget and is intended to inform decision-makers and the public about current staffing challenges and progress made in addressing them.

During the public hearing, agencies are required to present data on the number and types of vacant positions, duration of vacancies, and any recruitment and retention strategies being implemented. The agency must also identify any policies, procedures, or operational practices that may be contributing to hiring delays or barriers and propose potential changes to address those obstacles.

In compliance with AB 2561, the City is conducting this public hearing to provide an overview of its staffing challenges and efforts. The presentation is informational and will include an opportunity for the City's recognized employee organizations to share their perspective on vacancies, recruitment, and retention.

Agenda Item #11.1.

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DISCUSSION:

Vacancies can arise throughout the year for a variety of reasons, including internal promotions or transfers, retirements, resignations, terminations, or the creation of newly approved positions. When a vacancy occurs, the City's Human Resources Division collaborates closely with the affected department to initiate the recruitment process promptly. This coordinated effort helps minimize operational disruptions, maintain highquality and efficient service delivery to the community, and limits the reliance on overtime.

In compliance with the new legal obligations under AB2561, the City is reporting on the status of vacancies per bargaining unit ("POA" is Police Officers Association, "SHEA" is St Helena Employees Association, and "SHPFA" is St Helena Professional Firefighters Association) as follows:

Bargaining Unit
Total Number of
Vacancies for
July 2024
Total Number of
Vacancies for
December 2024
Total Number of
Vacancies as of
May 27, 2025
POA 2 2 3
SHEA 5 4 3
SHPFA 0 0 0
Unrepresented 2 2 2
Total Vacancy
Rate 11.1% 9.9% 9.9%
If vacancies within a single bargaining unit meet or exceed 20% of authorized full-time positions in that bargaining unit, upon request of the recognized employee organization for that bargaining unit, the City must provide additional information during the public hearing. including the following:

1. The total number of vacancies within the bargaining unit; and

2. The number of applicants; and

3. The average number of days to fill positions; and

4. Opportunities to improve compensation and working conditions for employees in the bargaining unit.

During the past fiscal year, no bargaining unit met or exceeded a 20% vacancy of the total authorized full-time positions, therefore, the above section is not applicable. The table below shows a summary of the City's bargaining units with recognized employee organizations, which are all under the 20% vacancy rate.

Bargaining Unit July 2024
Vacancy Rate
December 2024
Vacancy Rate
May 27, 2025
Vacancy Rate
POA 11.8% 11.8% 17.6%
SHEA 13.9% 10.8% 7.9%
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SHPFA 0.0% 0.0% 0.0%
Unrepresented 9.1% 9.5% 10.0%
In addition to reporting the City's vacancy rate, AB 2561 allows the recognized employee organization for each bargaining unit at the City to make presentations during the public hearing concerning vacancies and recruitment and retention efforts. There are currently three (3) represented bargaining units at the City including: St. Helena Police Officers' Association (POA), St. Helena Professional Firefighters Association (SHPFA), and St. Helena Employees Association (SHEA). The Administrative Services Department notified the three (3) bargaining units of the opportunity to present. (Gov.

Code § 3502.3(b).)
The City is committed to positive employee engagement and has several programs in place to foster positive employee experiences such as a comprehensive onboarding program, employee engagement and recognition programs, alternative work schedules, potential telework options, and training and professional development opportunities. In addition, the City created a recruitment video to highlight the benefits of working for the City of St. Helena.

During Fiscal Year 2024-25, the City conducted nineteen (19) competitive recruitments to fill a range of full-time vacancies across multiple departments. These vacancies were the result of both pre-existing openings and new separations that occurred during the biennial period. On average, the positions were filled within 90 days from the initial job posting, reflecting the City's continued commitment to streamlining hiring practices, minimizing service disruptions, and attracting qualified talent in a competitive labor market.

AB 2561 also requires public agencies review and identify potential barriers within their policies, procedures, and recruitment practices that may lead to hiring obstacles. In alignment with this directive, City staff continues to assess and enhance its recruitment strategies to expand outreach and improve candidate accessibility. This includes leveraging a broader range of advertising platforms commonly used across both the public and private sectors to attract a more diverse and qualified applicant pool.

Furthermore, the City is preparing to undertake a comprehensive classification and compensation study. This initiative will provide updated market data to evaluate the City's competitiveness in attracting and retaining talent. The study will also include a review of existing job descriptions to ensure they accurately reflect current roles and responsibilities while enhancing their appeal to prospective candidates. These efforts are part of the City's ongoing commitment to modernizing its human resources practices.

ENVIRONMENTAL REVIEW:

None.

Agenda Item #11.1.

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GOAL:

Goal 6: Improve Employee Recruitment, Retention, & Morale Agenda Item #11.1.

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Vacancies,
Recruitments &
Retention Efforts
AB 2561 Reporting
MAY 27, 2025
Agenda Item #11.1.

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Agenda

1. AB 2561 Sum m ary

2. Workforce Data

3. Vacancy Data

4.Recruitm ent Efforts
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AB 2561 Overview
Effective January 1, 2025, Assembly Bill 2561 requires public agencies assess and address vacancy rates by:
Track job vacancies
Present status of vacancies, recruitm ent, and retention annually, prior to budget adoption
Identify policies, procedures, and recruitm ent activities that present obstacles in hiring
Additional requirem ents m ay apply if Vacancy rate exceeds 20% Agenda Item #11.1.

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Workforce
Data
Total Budget Full-tim e Positions
•J uly 1, 2024: 81 positions
•Current: 81 positions
Services Provided:
•Adm inistration
•Com m unity Developm ent
•Fire
•Library
•Parks & Recreation
•Police
•Public Works
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FY 2024-25 Citywide Vacancy Rate
(full-time positions)
FY 2024-25 J uly 2024 Decem ber
2024 May 2025
Num ber of Vacancies 9 8 8
Num ber of Budgeted
Positions 81 81 81
Vacancy Rate 11.1% 9.9% 9.9%
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Bargaining
Units
POA – Police Officers Association
SHEA – St. Helena Em ployees
Association
SHPFA – St. Helena Professional Fire
Unrepresented Management
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FY 2024-25 Vacancy Rate by Bargaining Group
(full-time positions)
Bargaining Group J uly 2024 Decem ber
2024 May 2025
POA 11.8% 11.8% 17.6%
SHEA 13.9% 10.8% 7.9%
SHPFA 0.0% 0.0% 0.0%
Unrepresented 9.1% 9.5% 10.0%
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Recruitment Efforts

RECRUITMENT RETENTION
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FY 2024-25 Recruitment Metrics
Metric Total
Recruitm ents Com pleted 19
Position Filled 14
Total Current Vacancies 8
Current Active Recruitm ents 3
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Hiring Obstacles
Potential Obstacles:
Com petitive J ob Market for Specialized Positions
Police Officers
Chief Plant Operator
Affordable Housing vs. Longer Com m utes
Pre-em ploym ent Screenings/Background Checks
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Hiring Solutions &
Retention Approaches
Hiring Incentives
Targeted Recruitm ent Strategies
Stream line Background Process
J ob Description Review
Career Developm ent Opportunities
Em ployee Recognition Program s
Positive Work Culture
Succession Planning
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Questions
Agenda Item #11.1.

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Agenda Report to the City Council
Agenda Section: OLD BUSINESS
Department: Finance
DATE: May 27, 2025
FROM: Mandy Kellogg, Administrative Services Director
SUBJECT: Review and Discuss Finance Committee
Recommendations.

RECOMMENDED
ACTION:

Review and provide directions.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
PURPOSE:

The purpose of this report is to review the Finance
Committee recommendations for the FY 2025-26 and FY
2026-27 Biennial Budget.

FINANCIAL IMPACT: The financial impact is dependent upon if the City Council chooses to implement any of the recommendations
provided by the Finance Committee, which would then be
included in the FY 2025-26 and FY 2026-24 Proposed
Biennial Budget that will be presented on June 10, 2025.

BACKGROUND:

The Finance Committee has been working on a number of topics as directed by city council. A focus area for the committee has been the current budget.

The Finance Committee provided staff and City Council with a list of recommendations a couple of days prior to the meeting on May 13. Since staff had already finalized the staff report a few days earlier and posted the relevant documents as part of the meeting agenda packet, the recommendations were not analyzed in detail. Instead, staff provided the City Council with the list of Finance Committee recommendations and orally described the items with which staff was in agreement. To ensure that the City Council is able to carefully consider each of the recommendations, staff is providing them for consideration.

DISCUSSION:

The following are the budget-related recommendations from the Finance Committee and brief staff responses:

1. Freeze the open City Clerk position and continue operating as we are currently, approximately $200,000.

Staff response/analysis: Agree. Staff is currently consolidating the City Clerk duties into the Program Manager role.

Agenda Item #12.1.

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2. Remove the FY26 budgeted funding for election, $90,000.

Staff response/analysis: Agree. This change has already been implemented.

3. Reduce the City Council budget for contributions to what was approved at the same level for FY26 & FY27, approximately zero dollars savings in FY26 and $100,000 FY27.

Staff response/analysis: Agree. Funding levels in this line item have been aligned across both fiscal years.

4. Remove or reduce the undefined City Council “other contract services” budget, approximately $50,000.

Staff response/analysis: Not recommended. Staff believes having the funds available is prudent for efficient operation and if not used will be returned to fund balance at the end of the fiscal year.

5. Remove the Assistant City Manager position from the organizational structure, approximately $300,000.

Staff response/analysis: Agree. Given the city’s fiscal challenges, temporarily freezing this position will generate significant savings and will have a relatively limited negative impact compared to reductions elsewhere in the budget.

6. Remove the City Manager department undefined and noncontracted “other contract services” budget, approximately $50,000.

Staff response/analysis: Not recommended. Staff believes having the funds available is prudent for efficient operation and if not used will be returned to fund balance at the end of the fiscal year.

7. Assuming Council adopts a bifurcated policy of funding vehicles and equipment (including technology) as described in our earlier responses, the IT department budget funding Fund 592 should be reconsidered, approximate reduction $25,000.

Staff response/analysis: Not recommended. Maintaining this allocation allows for timely equipment needs. Unused funds will be returned to the reserves.

8. Reduce Park and Recreation fireworks budget, approximately $45,000.

Staff response/analysis: Partially Agree. Consistent with City Council direction, $30k in contributions are being raised to fund the fireworks. This means that staff Agenda Item #12.1.

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