St. Helena City Council
June 10, 2025

City of St. Helena
Regular City Council Meeting
Tuesday, June 10, 2025 @ 6:00 PM
Vintage Hall Board Room - Second Floor
465 Main Street, St. Helena
Remote Participation: Marriott Marquis San
Diego 333 W. Harbor Dr., San Diego, CA
92101

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

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

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

Page

1. CALL TO ORDER

2. ROLL CALL
Mayor: Paul Dohring, Vice Mayor: 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 27, 2025.

Regular City Council - 27 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.

6.1. Public Comment.Ferenc Brunner 19 - 20

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

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

Estimated start time: 6:20 p.m.

8. PRESENTATIONS AND PUBLIC RECOGNITIONS

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: 6:25 p.m.

10.1. Consideration of a Resolution to set a Public Hearing for 6:00 p.m.

Tuesday, August 12, 2025, to consider objections to the proposed annexation of the property known as, 945 Main Street, St. Helena, CA (APN 009-263-007), into the St. Helena Municipal Sewer District No. 1, MSD Annexation No. 152.

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

It is recommended City Council approve the Resolution and set a Public Hearing for August 12, 2025, to consider objections to the proposed annexation of the property known as 945 Main Street (APN 009-263-007), into the St. Helena Municipal Sewer District No. 1, MSD Annexation No. 152.

Staff Report - Pdf
21 - 26

10.2. Adoption of a resolution authorizing execution of a Construction Agreement with MG Masonry Inc., a fully licensed contractor, for the construction of a waste, recycling, and composting enclosure at Crane Park, in an amount not to exceed $41,640.

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

Approval for resolution authorizing a Construction Services Agreement with MG Masonry Inc. for Construction of a Waste, Recycling, and Composting Enclosure at Crane Park.

Staff Report - Pdf
27 - 66

10.3. Approve a Resolution authorizing the purchase of additional RF-friendly 67 - 73

Nicor Read-Rite meter box lids from PACE Supply for CIP Project W24- 04 Smart Meter Deployment, in an amount not to exceed $48,066.

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

Approve the attached Resolution authorizing the purchase of additional RF-friendly Nicor Read-Rite Lids from PACE Supply for CIP Project W24-04 Smart Meter Deployment.

Staff Report - Pdf

10.4. Approval of a resolution authorizing the City Manager to execute a change order with Bobcat of Santa Rosa in the amount of $5,900. This change order accounts for sales tax that was inadvertently omitted from the original agreement. The revised not-to-exceed contract amount is $79,213.

CEQA Determination: Exempt
Prepared By: Carlos Uribe, Assistant Public Works Operations Manager
Recommendation:

Approval of the attached resolution.

Staff Report - Pdf
75 - 80

10.5. Approve a Resolution authorizing the purchase, delivery, and installation of two custom metal utility buildings at the Corporation Yard from Pro Metal Buildings Inc. in an amount not to exceed $33,663, to be funded from existing appropriations.

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

Staff recommends approval of the attached resolution.

Staff Report - Pdf
81 - 94

10.6. Resolution of the City Council of the City of St. Helena Authorizing the City Manager to Execute Amendment 02A To Professional Services Agreement with Economy Lock and Key, Inc.; STH Contract No: 2023- 018 For Security Associated with the Napa Valley College Tenant Improvement Project (NVC-Ti) for an Additional $15,994 for a Total Not-To-Exceed Amount Of $84,518.

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

Staff recommends Approval of Contract Amendment 02A with Economy Lock & Key Inc. for Fire Department Door Lock Replacement for an additional $15,994.00 and a not to Exceed cost of $84,518.

Staff Report - Pdf
95 - 102

10.7. Consideration and adoption of a resolution authorizing amendment #3 to Professional Services Agreement with Kosmont STH Contract 2023- 103 - 115

050 for Real Estate Advisory Services for an additional $75,000 for a contract amount not to exceed $200,000.

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

Staff recommends the City Council adopt the attached resolution.

Staff Report - Pdf

11. PUBLIC HEARINGS
Estimated start time: 6:35 p.m.

11.1. Appeal (APP25-002) filed by Caroline Hernandez of Outstanding in the Field and Jorge Hernandez, Property Owner, to uphold the May 20, 2025 approval of the application for a Temporary Use Permit (TUP25- 005) in order to allow for the private Andrea Bocelli dinner and entertainment event to be held the Monte Olivos estate, located at 2500 Spring Mountain Road, St. Helena, within the Twenty-Acre Agriculture zoning district with a maximum attendance of 600 persons and to be held on June 20, 2025.

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

It is recommended that the City Council:

1. Determine that the project is exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15304(e); and

2. Approve a resolution upholding the Planning Commission’s approval of TUP25-005 in order to allow the Andrea Bocelli dinner and entertainment event with up to 600 guests on the Monte Olivos estate located at 2500 Spring Mountain Road.

Staff Report - Pdf
Presentation - Staff
Presentation - Appellant
Public Comment.Edward and Caroline Kuntz
Public Comment.Pamela Samuelson
Public Comment.Terry and Juli Pringle
Public Comment.Michael Haley
Public Comment.Michael Haley 2
Public Comment.Jennifer Haley
Public Comment.Norman Manzer
117 - 237

11.2. Request by Brodie Group on behalf of the property owners, Fulton Junction Partners LLC, for approval of General Plan Amendment (GPA 2025-001) and Zoning Map Amendment (ZMA 2025-001) to change the property's land use designation from Service Commercial to Agriculture and to concurrently rezone the site from Service Commercial (SC) to Twenty-Acre Agriculture (A-20) to accommodate the future construction of a single-family home at 1030 Fulton Lane (APN 009-194-005). 239 - 304

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

1. Find that the proposed changes to General Plan Figure 2.1 and the City’s Zoning Map are in compliance with the California Environmental Quality Act pursuant to Section 15303, Class 3; and

2. Adopt the attached resolution approving General Plan Amendment 2025-001 to update General Plan Figure 2.1 to change the General Plan land use designation of the property located at 1030 Fulton Lane from Service Commercial to
Agriculture; and

3. Introduce and waive first reading of the attached Ordinance for Zoning Map Amendment ZMA 2025-001 to rezone the property located at 1030 Fulton Lane from Service Commercial to
Twenty-Acre Agriculture and incorporate these changes into the General Plan and Zoning Maps.

Staff Report - Pdf
Presentation - Staff
Presentation - Applicant

11.3. Introduce and waive the first reading of an ordinance adding Chapter

8.44 to Title 8 of the St. Helena Municipal Code adopting the Fire Hazard Severity Zones as recommended by CalFire and to provide authorization for fees for the inspection of properties that are sold in high or very high fire hazard severity zones.

CEQA Determination: Exempt
Prepared By: John Sorensen, Fire Chief
Recommendation:

Recommend that the City Council:

1. Introduce and waive the first reading of an ordinance adding Chapter

8.44 to Title 8 of the St. Helena Municipal Code adopting the fire hazard severity zones; and

2. Provide authorization for fees for the inspection of properties that are sold in high or very high fire hazard severity zone.

Staff Report - Pdf
305 - 313

12. OLD BUSINESS
Estimated start time: 8:15 p.m.

12.1. Proposed Approval of a Resolution Adopting the FY 2025-26 and FY 2026-27 Biennial Budget.

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

Staff recommends approval of the attached resolution.

Staff Report - Pdf
Presentation
Public Comment.St Helena Chamber Board of Directors
315 - 855

13. NEW BUSINESS
Estimated start time: 9:00 p.m.

13.1. Approval of Resolution Authorizing the City Manager to Execute Professional Services Agreement with Matrix Consulting Group for an Efficiency and Business Transformation study in an amount Not-ToExceed $90,960.

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

Adopt a resolution authorizing the City Manager to execute a professional services agreement with Matrix Consulting Group to conduct the City’s Efficiency and Business Transformation Study, in an amount not-to-exceed $90,960.

Staff Report - Efficiency and Transformation Study - Pdf Presentation
857 - 939

14. CITY COUNCIL REPORTS:

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

15. ADJOURNMENT
The next Regular City Council meeting is scheduled for June 24, 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 June 6, 2025.

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

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

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

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

MINUTES
City of St. Helena
Regular City Council Meeting
Tuesday, May 27, 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, and Council Member Kate Spadarotto

Absent: Council Member Billy Summers

1. CALL TO ORDER
Mayor Dohring called the meeting to order at 6:12 p.m.

2. ROLL CALL

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

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

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

5. APPROVAL OF MINUTES

5.1 Consideration and proposed approval of Regular Meeting Minutes of May 13, 2025
Council Member Kate Spadarotto moved to approve the Regular Meeting minutes of May 13, 2025. The motion was seconded by Council Member Aaron Barak and on voice vote carried by the following vote:

AYES: Mayor Paul Dohring, Vice Mayor Michelle Deasy, Council Member Agenda Item #5.1.

Regular City Council
May 27, 2025
Aaron Barak, and Council Member Kate Spadarotto
NOES: None
ABSENT: Council Member Billy Summers
ABSTAIN: None
RECUSE: None

6. PUBLIC FORUM:

No public comment was received.

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

City Attorney Ethan Walsh reported on the Closed Session meeting held May 27, 2025. He noted that with regard to Item 5.1 - Conference with Real Property Negotiators - APN 009-150-006 was inadvertently listed on the agenda and was not part of the discussion. No other reportable action was taken during the Closed Session.

Director of Community Services, Dave Jahns reported that the community met the fundraising goal of $30,000 for the 4th of July fireworks and the efforts are close to $40,000.

8. PRESENTATIONS AND PUBLIC RECOGNITIONS

8.1 Update from Library Board of Trustees Chair, Deborah Claymon Boeschen Library Board of Trustees Chair, Deborah Claymon Boeschen made report.

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 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
Agenda Item #5.1.

Regular City Council
May 27, 2025
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.

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.

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

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

Receive and file.

10.4 Approval of a Resolution Authorizing the City Manager to Execute a ThreeYear Professional Services Agreement with Del Rio Advisors for Municipal Finance Advisor Services at $10,000 per year for a total contract amount notto-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.

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”.

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-toexceed 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.

Agenda Item #5.1.

Regular City Council
May 27, 2025
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.

Vice Mayor Michelle Deasy moved to approve items 10.1 through 10.6. 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, and Council Member Kate Spadarotto
NOES: None
ABSENT: Council Member Billy Summers
ABSTAIN: None
RECUSE: None

10.7 This item was pulled.

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 Bi-Monthly to Monthly Billing, revise the bill due date provisions, and eliminate references to delinquency penalties.

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 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:

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.

Item was requested to be pulled by Community Member, Chris Warner.

Agenda Item #5.1.

Regular City Council
May 27, 2025
Finance Manager, Martin Beltran and Administrative Services Director, Mandy Kellogg gave brief report on the item.

Public Comment was made by Chris Warner.

Discussion was turned over to Council where it was determined that rather than eliminating penalties entirely, the timeframe for assessing penalties would be extended from 30 days to 60 days after the statement date. City Attorney Walsh advised that implementing this change would require the item to be reintroduced as a Public Hearing. Consequently, the Council elected to adopt the ordinance as currently presented and directed staff to agendize a future item to reinstate penalties with the revised timeline.

Council Member Aaron Barak moved to adopt the recommendation by Staff, with the note that item will be agendized and brought back to Council at a later date to implement penalties. The motion was seconded by Vice Mayor Michelle Deasy and on roll call carried by the following vote:

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

11. PUBLIC HEARINGS

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.

Administrative Services Director, Mandy Kellogg reported on the item.

Mayor Dohring opened the Public Hearing; no public comments were made.

Discussion was turned over to Council. Item was received and filed.

12. OLD BUSINESS

12.1 Review and Discuss Finance Committee Recommendations.

Agenda Item #5.1.

Regular City Council
May 27, 2025
CEQA Determination: Not a CEQA project
Prepared By: Mandy Kellogg, Administrative Services Director Recommendation:

Review and provide directions.

City Manager, Anil Comelo introduced the item. Administrative Services Director, Mandy Kellogg reported on the item.

Mayor Dohring opened public comment; Public comment was received by Mark Smithers and Chris Warner.

Following staff's presentation, the discussion was turned over to Council.

Council members asked questions and provided comments. The Council accepted staff's recommendation on all items that were recommended by the Finance Committee.

Regarding the recommendation to fund the CARES program through Enterprise Funds, the Council supported the Finance Committee’s proposal to fund the program using penalties and interest earned in the enterprise fund.

Mayor Dohring called for a 10-minute recess at 7:45 P.M.

13. NEW BUSINESS

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 amount of $250,542 for the first year and $268,542 per year for each subsequent year for a total not-toexceed 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.

Administrative Services Director, Mandy Kellogg introduced George Passidakis, Director of Sales and Marketing with Apex Technology Management. Mr. Passidakis made presentation on the item.

Mayor Dohring opened Public Comment; no public comment was received.

Discussion was turned over to the Council where questions and comments ensued.

Council Member Kate Spadarotto moved to approve the resolution. The motion Agenda Item #5.1.

Regular City Council
May 27, 2025
was seconded by Council Member Aaron Barak and on roll call carried by the following vote:

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

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.

Deputy City Manager, Lesley Milton reported on the item.

Mayor Dohring opened Public Comment; public comment was received by Stephanie Smithers, Marissa Nokes, Kim Phinney and Gordie Adams.

Discussion was turned over to Council where questions and comments were made.

At 9:00 p.m Mayor Dohring called for a motion to extend meeting until 9:30.

Vice Mayor Deasy moved to extend meeting to 9:30 p.m. The motion was seconded by Council Member Aaron Barak and on roll call vote, all were in favor with exception of Council Member Billy Summers who was absent.

Council advised staff to proceed with adding the sealant to the decomposed granite and continue discussion with Skatepark Committee.

13.3 This item was not heard and will be continued to a date uncertain.

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 Agenda Item #5.1.

Regular City Council
May 27, 2025
Funds for this purpose.

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.

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

At 9:30 p.m. Mayor Dohring called for a motion to extend meeting until 9:45.

Vice Mayor Deasy moved to extend meeting to 9:45 p.m. The motion was seconded by Council Member Aaron Barak and on roll call vote, all were in favor with exception of Council Member Billy Summers who was absent.

Mayor Dohring called for Public Comment; public comment was made by Deanna Griffin.

Discussion was turned over to Council where questions and comments were made.

Council Member Aaron Barak moved to approve the resolution adopting the Five-Year Capital Improvement Plan for Fiscal Years 2025-26 to 2029-30. 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, and Council Member Kate Spadarotto
NOES: None
ABSENT: Council Member Billy Summers
ABSTAIN: None
RECUSE: None

14. CITY COUNCIL REPORTS:

14.1 A. Association of Bay Area Governments (ABAG) - Executive Board B. Association of Bay Area Governments (ABAG) - General Assembly C. Napa Valley Tourism Corporation (Umbrella for Napa County) D. League of California Cities – North Bay Division
E. Napa County City Selection Committee
Agenda Item #5.1.

Regular City Council
May 27, 2025
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
Mayor Dohring adjourned the meeting at 9:45 p.m.

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

From: Ferenc Brunner
To: Erika Opp; Ferenc Brunner
Subject: [External] Please follow through
Date: Monday, June 9, 2025 3:44:51 PM
Attachments: face-535774__340_Wondersharexyz.png
FB Feri.png
Greetings to the People of St. Helena, City
Council, City Management, and all of the
people that are dealing with and are
responsible for the Economic and Social
Development of our community.

The concept of a “Commercial AI Controlled
Green House”, growing and providing for our
surrounding community.

With a Foundation for our existence, FOOD
SAFETY and ORGANIC NUTRITION by
locally grown and operated Professionals
in that field.

This Concept creates Jobs, Opportunities,
and more importantly a Social Connection,
So, we reassess our life in This New era of
Reality.

Please follow through and take the
required steps to arrange a presentation
by one of these CGHG and suppliers.

It would be very short sheeted and
Agenda Item #6.1.

erasable, not to make this CGH
concept our reality. Make it the way
of our life.

Please approach this issue -
The Top 10 Largest Greenhouse Produce Growers in the U.S. - Growing Produce I communicated this concept to several,
many, many people in our community. The
comments are all positive-go for it.

Sincerely, Ferenc Brunner
https://ferenc31.wixsite.com/facing-reality
http://ferenc31.wixsite.com/mysite
Agenda Item #6.1.

Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: June 10, 2025
FROM: Rebecca White, Administrative Assistant
SUBJECT: Consideration of a Resolution to set a Public Hearing for 6:00 p.m. Tuesday, August 12, 2025, to consider
objections to the proposed annexation of the property
known as, 945 Main Street, St. Helena, CA (APN 009-263- 007), into the St. Helena Municipal Sewer District No. 1, MSD Annexation No. 152.

RECOMMENDED
ACTION:

It is recommended City Council approve the Resolution
and set a Public Hearing for August 12, 2025, to consider objections to the proposed annexation of the property
known as 945 Main Street (APN 009-263-007), into the St.

Helena Municipal Sewer District No. 1, MSD Annexation
No. 152.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
PURPOSE:

Consideration of a resolution to set a public hearing to consider objections to the proposed annexation into the St.

Helena Municipal Sewer District No. 1.

FINANCIAL IMPACT: None.

BACKGROUND:

Any property that wishes to connect and utilize the sanitary sewer system in the City of St. Helena must be annexed into the Municipal Sewer District No. 1. All applications for annexations shall be approved by the City Council pursuant to the requirements of state law (SHMC § 13.20.040). State law details the requirements for special district annexations in Health and Safety Code Section 4600. City Council approval of the annexation is the formal administrative process to change the property's tax rate area code from septic to sanitary sewer.

The process for a property to be annexed requires that a resolution be adopted ordering a public hearing by an affirmative vote of at least two-thirds of all the members of the City Council (HSC § 4643). The resolution is required to contain the following information and finding:
(a) Describe the boundaries of the territory proposed to be annexed. (b) Designate the proposed annexation by an appropriate number. (c) Declare that the area to be annexed to the district will be benefited by such annexation.

Agenda Item #10.1.

(d) Name the time and place for the hearing of objections by any person interested in the proposed annexation, to the inclusion in the district of any land described in the resolution.

Once adopted, the resolution, together with the names of the members of the City Council voting for and against it, must be published for two successive weeks in a newspaper of general circulation and published in the City. The first publication shall not be more than 60 days nor less than 30 days prior to the date fixed for the hearing.

Additionally, copies of the resolution shall also be posted in three public places within the area to be annexed not earlier than the 60th day nor later than the 30th day prior to the hearing. Similarly, a copy of the resolution shall also be mailed, postage prepaid, to each person to whom land in the area to be annexed is assessed as such owner is shown on the last equalized county assessment roll, at the address as shown upon the roll, and to each person who has any interest in any land within the area to be annexed whose name and address and a designation of the land in which they are interested is on file in the office of the City Clerk.

At the time established for the public hearing, the City Council will hear and consider any objections to the annexation and exclude any territory which in the Council's opinion will not be benefited by the annexation. After making changes to the boundaries of the area to be annexed, if any, the City Council may then adopt a resolution approving the annexation of the property into the District, which will also require at least four affirmative votes. Upon a determination by the Council that the property will be benefited by the annexation, certified copies of the resolution will then be recorded and filed in the manner and with the same force and effect as provided in Section 4613.

Upon recordation of the resolution, the property annexed becomes a part of the District and is subject to all the liabilities and entitled to all the benefits of the District. If the City Council approves the resolution following the public hearing on August 12, 2025, City staff will then process the annexation with Napa County and the State Board of Equalization to change the tax rate area code for the property. Staff will work with the applicant to collect outstanding fees and obtain required encroachment and building permits.

DISCUSSION:

The City of St. Helena Public Works has received an annexation application from the following party:

John Toogood, owner of 945 Main Street, St. Helena, CA (APN 009-263-007), has applied to be annexed into the St. Helena Municipal Sewer District No. 1, MSD Annexation No. 152.

The application fees have been collected. The location map for the property is attached.

Staff request City Council to consider the applicant's annexation request and order a public hearing to be scheduled for August 12, 2025.

Agenda Item #10.1.

ENVIRONMENTAL REVIEW:

Annexations to the District provide access to the City's sanitary sewer and wastewater treatment facilities. The City is agreeable to the abandonment of the onsite wastewater treatment system (septic system).

GOAL:

Goal 2: Improve Infrastructure & Further Environmental Sustainability Goal 3: Pursue Water Security & Sustainable Management of Water Resources Goal 5: Enhance Quality of Life
DOCUMENTS ATTACHMENTS:

Resolution
Exhibit A
Agenda Item #10.1.

CITY OF ST. HELENA
RESOLUTION NO. 2025-__

CONSIDERATION OF A RESOLUTION TO SET A PUBLIC
HEARING FOR 6:00 P.M. ON TUESDAY, AUGUST 12, 2025, TO

CONSIDER OBJECTIONS TO THE PROPOSED ANNEXATION OF
THE PROPERTY KNOWN AS 945 MAIN STREET, ST. HELENA, CA
(APN 009-263-007), INTO THE ST. HELENA MUNICIPAL SEWER
DISTRICT NO. 1, MSD ANNEXATION NO. 152.

RECITALS
A. The owner of 945 Main Street, St. Helena, CA (APN 009-263-007) has requested annexation into the St. Helena Municipal Sewer District No. 1, MSD No. 152; and B. The legal boundary for the property to be annexed is provided in Exhibit A.

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

1. The City Council declares that the areas to be annexed to the district will be benefited by such annexation.

2. A hearing to consider any objection to the proposed annexation of the property into the City of St. Helena Municipal Sewer District No. 1 is hereby set for Tuesday, August 12, 2025, commencing at 6:00 p.m. or soon thereafter as the matter can be heard, at the Vintage Hall Board Room, 465 Main Street, St. Helena, CA.

3. The City Clerk shall cause a certified copy of this resolution, together with the names of the members of the City Council voting for and against it, to be published once a week for two consecutive weeks in a newspaper of general circulation in accordance with Health and Safety Code Section 4610.

4. The City Clerk shall cause a certified copy of this resolution to be mailed to each person to whom land in the area to be annexed is assessed as such owner as shown on the last county assessment roll in accordance with Health and Safety Code Section 4610.

Agenda Item #10.1.

Approved at a Regular Meeting of the St. Helena City Council on June 10, 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.

945 Main Street
Agenda Item #10.1.

Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: June 10, 2025
FROM: Lesley Milton, Deputy City Manager
SUBJECT: Adoption of a resolution authorizing execution of a Construction Agreement with MG Masonry Inc., a fully
licensed contractor, for the construction of a waste,
recycling, and composting enclosure at Crane Park, in an amount not to exceed $41,640.

RECOMMENDED
ACTION:

Approval for resolution authorizing a Construction Services Agreement with MG Masonry Inc. for Construction of a
Waste, Recycling, and Composting Enclosure at Crane
Park.

PREVIOUS COUNCIL
ACTION:
 June 11, 2024 City Council authorized acceptance
of the grant from Upper Valley Waste Management
for $125,000
 June 11, 2024 City Council authorized $103,185
spending on garbage, recycling and composting
containers.

STATEMENT OF THE
PURPOSE:

To approve an agreement with MG Masonry Inc. to
construct a waste, recycling and compost enclosure at
Crane Park.

FINANCIAL IMPACT: The total financial impact is $41,640, of which $21,185 will be reimbursed through the UVWMA grant. The remaining
$19,825 will be funded through existing budgeted funds in the General Fund, GL Account 101-50-06-21-45.

BACKGROUND:

In 2021 the City submitted for and received a grant from the Upper Valley Waste Management Agency for the construction of waste and recycling enclosures on Money Way, as part of an effort to activate the alley in the downtown economic district and to attempt to consolidate over 100 independent garbage, recycling and composting containers into consolidated bins in concealed locations. The purpose of the grant was to fund opportunities for waste diversion improvements.

Upon further review of the locations, property ownership and the infrastructure requirements for waste truck service on Money Way, the initial proposal not a feasible plan within the allotted budget. The City has since contacted the grantor, Upper Valley Waste Management Agency, to authorize the use of the grant funds for a different project. Instead of applying the funds to the Money Way Enclosure Project, the revised proposal uses the funds to purchase new waste and recycling containers and, in some Agenda Item #10.2.

cases, composting containers for all City parks and building a waste enclosure structure at one park to act as a consolidation station for waste materials from all City parks and facilities.

On May 9, staff submitted the revised grant proposal to Steve Lederer, the Agency Manager for the Upper Valley Waste Management Agency, and he indicated that the Agency determined the changes were consistent with the spirt and cost of the previous approval and authorized the City to proceed as outlined.

Staff followed procurement policies and reached out to several different vendors to source the specific approved container style and on June 11th, City Council authorized staff to purchase 108 replacement of cans (including tax & shipping) for a total cost of $103,185.

For the waste enclosure portion of the grant agreement, staff is proposing to build a waste enclosure at Crane Park to house garbage, recycling and composting. Crane Park is the city's largest park, and is the pilot location for our composting program at local parks. This facility currently lacks a designated and secure waste enclosure. The open dumpster area frequently attracts illegal dumping, diminishing the park’s aesthetics and creating operational challenges for staff tasked with managing waste and waste diversion.

To address these issues, the City proposes to contract with MG Masonry Inc. to construct a new waste, recycling, and composting enclosure. MG Masonry Inc. is a fully licensed and qualified contractor with experience in similar municipal projects.

The enclosure will comply with Napa County design standards, including stormwater best management practices (BMPs), and will feature:
 Solid masonry construction
 Metal access doors
 A roof structure to limit water intrusion and mitigate stormwater contamination  Connection to the sanitary sewer for compliant handling of any liquid waste.

This structure will improve waste management at Crane Park and serve as a centralized transfer/consolidation station for waste collected from other City parks.

DISCUSSION:

Benefits of Waste Enclosures
 Reduces illegal dumping: Enclosed, secure spaces deter unauthorized use, cutting down on cleanup costs and staff time.
 Improves park appearance: The structure enhances the visual appeal and orderliness of Crane Park.
 Ensures environmental compliance: Conforms to stormwater BMPs and helps protect local waterways.

Agenda Item #10.2.

 Operational efficiency: Provides a consolidated location for managing waste from Crane Park and other parks, reducing trips and improving workflow.  Promotes public health & safety: Proper containment reduces exposure to waste, pests, and unsanitary conditions.

Funding Allocation
Staff contacted 5 different vendors to obtain quotes for building the enclosure to design specifications. The lowest responsive bid received was from MG Masonry Inc. for a total of $37,853. The total grant funding available is $125,000 and the City has already incurred costs of $103,185 for the purchase of the waste containers, leaving a budget short fall of $19,825.

The contract amount includes a 10% contingency, with partial funding from a grant provided by Upper Valley Waste Management Agency (UVWMA) and the remaining $19,825 allocated from the Public Works Administration contract services budget.

Alternative Action
Should the City Council choose not to approve the agreement with MG Masonry Inc.:
 The City would forfeit $21,815 of the UVWMA grant, which may not be available again.
 The existing open waste area will continue to experience illegal dumping, operational inefficiencies, and diminished park aesthetics.

Approving the attached Construction Services Agreement with MG Masonry Inc. allows the City to move forward with an important improvement to Crane Park’s waste management infrastructure. This project addresses long-standing issues, enhances operational efficiency, and leverages grant funding to reduce City expenses. Staff recommends approval to ensure timely completion and full utilization of grant funds.

ENVIRONMENTAL REVIEW: This is not a CEQA Project.

GOAL:

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

Resolution Crane Park Encclosures
Est_2025532_from_MG_Masonry_Inc._27600
MG Masonry Construction Contract LM
Agenda Item #10.2.

CITY OF ST. HELENA
RESOLUTION NO. 2025-__
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. HELENA

AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION SERVICES AGREEMENT WITH MG MASONRY INC. FOR CONSTRUCTION OF A WASTE,

RECYCLING, AND COMPOSTING ENCLOSURE AT CRANE PARK FOR A NOT TO EXCEED COST OF $41,640

RECITALS
A. The City of St. Helena (City) was awarded a $125,000 grant from the Upper Valley Waste Management Agency (UVWMA) in 2021 to fund improvements related to waste diversion;
B. The City Council previously approved the expenditure of $103,185 on the purchase of 108 garbage, recycling, and composting containers as part of the modified project scope;
C. The remaining balance of the grant funds, along with an additional $19,825 from the Public Works Administration contract services budget, will be used for the construction of a waste, recycling, and composting enclosure at Crane Park; D. Crane Park is the largest park in the City and is the pilot location for park-based composting programs but currently lacks a secure, compliant, and efficient waste management enclosure;
E. Staff conducted a competitive procurement process and selected MG Masonry Inc. as the lowest responsive and responsible bidder, with a proposed cost of $37,853 plus contingency, not to exceed $41,640;
F. The project aligns with City Council Goal 2: Improve Infrastructure & Further Environmental Sustainability and Goal 7: Enhance Organizational Effectiveness.

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

1. The City Council hereby authorizes the execution of a Construction Services Agreement with MG Masonry Inc. for the construction of the waste, recycling, and composting enclosure at Crane Park in an amount not to exceed $41,640.

2. The City Manager, or designee, is authorized to take all actions necessary to carry out the terms of this Resolution and to execute all documents necessary to complete the agreement.

Funding is as follows:

Agenda Item #10.2.

Description Fund GL Account Amount
Government Buildings
Other Contract Services General Fund 101-50-06-21-45
$21,815
(To be
Reimbursed
through
Grant)
Government Buildings
Other Contract Service General Fund 101-50-06-21-45 $19,825 Approved at a Regular Meeting of the St. Helena City Council on June 10, 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 #10.2.

Estimate
Date
4/21/2025
Estimate #
2025532
Name / Address
Victor Nery
Jacob Miller Park
Santa Helena CA 94574
MG Masonry, Inc.

Lic# 1081159
1415 Fulton Rd.,#205, Ste. 113
Santa Rosa, CA 95403
(707)890-8953 - office
Project
Thank you for the opportunity to estimate your project Total DESCRIPTION Qty Rate Total
Masonry Project: Garbage Can Enclosure - Jacobo Miley Park Build concrete footing 31 lineal feet x 3 feet wide x 18 inches deep. make ditches, place rebar #5 and pour concrete.

Build cmu wall 31 feet long x 6 feet tall (8x8x16 standard gray cmu) One wall 17 feet long and two walls 7 feet long all will be 6 feet tall .

Build concrete slab as details on stres concrete apron. we will need more details and structural engineer's drawing to make this correct within the codes.

Cost labor and materials $25765.00
1 23,765.00 23,765.00
Build Roof around 20 feet x 10 feet
Wood beams 4x8x20 feet, 2-in. x 8-in. x 20 ft Douglas fir #2 Add timberline natural shadow charcoal shingles.

Cost for materials and labor $9890.00
1 9,590.00 9,590.00
Build gate as show on epect Gates /pedestrian doors $4898.00 1 4,498.00 4,498.00 Exclusions: The drawings needed for construction and permits. Electric work pluming and landscaping work.
$37,853.00
Agenda Item #10.2.

2024 Construction Contract – Short Form 1
CITY OF ST. HELENA

CONSTRUCTION CONTRACT

CRANE PARK WASTE ENCLOSURE PROJECT

1. PARTIES AND DATE.

This Contract is made and entered into this 10th day of June 2025 by and between the City of St. Helena, a public agency of the State of California (“City”) and MG Masonry Inc, a sole proprietorship with its principal place of business at 1415 Fulton Rd.,#205, Ste. 113 Santa Rosa, CA 95403 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. RECITALS.

2.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing construction of a waste enclosure at Crane Park in St. Helena that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project: General Contractor’s License.

2.3 Project. City desires to engage Contractor to render such services for the CRANE PARK WASTE ENCLOSURE PROJECT (“Project”) as set forth in this Contract.

2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, a performance bond, a payment bond, and all insurance documentation, as required by the Contract.

3. TERMS

3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
• Services/Schedule (Exhibit “A”)
• Plans and Specifications (Exhibit “B”)
• Special Conditions (Exhibit “C”)
• Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) • Public Works Contractor Registration Certification (Exhibit “E”) • Payment Bond (Exhibit “F”)
• Fleet Compliance Certification. (Exhibit “G”)

3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Agenda Item #10.2.

2024 Construction Contract – Short Form 2
Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.

3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in writing by a valid change order executed by the City. Should Contractor request a change order due to unforeseen circumstances affecting the performance of the Work, such request shall be made within five (5) business days of the date such circumstances are discovered or shall waive its right to request a change order due to such circumstances. If the Parties cannot agree on any change in price required by such change in the Work, the City may direct the Contractor to proceed with the performance of the change on a time and materials basis.

3.2.2 Substitutions/“Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with Contractor.

The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.

Agenda Item #10.2.

2024 Construction Contract – Short Form 3
Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.

3.3 Period of Performance.

3.3.1 Contract Time. Contractor shall perform and complete all Work under this Contract within 90 calendar days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage.

3.3.2 Force Majeure. Neither City nor Contractor shall be considered in default of this Contract for delays in performance caused by circumstances beyond the reasonable control of the non-performing party. For purposes of this Contract, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; pandemics or epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. Should such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Contract. Contractor’s exclusive remedy in the event of delay covered under this section shall be a non-compensable extension of the Contract Time.

3.3.3 Liquidated Damages. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of Five Hundred ($500) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.

3.4 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them.

Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including any required business license, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.

Agenda Item #10.2.

2024 Construction Contract – Short Form 4

3.5 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

3.6 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the below-referenced compensation in accordance with compensation provisions set forth in the Contract.

3.7 Compensation and Payment.

3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of $37,853.00 (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.

3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein. On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated.

Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.

3.7.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.

3.7.4 Contract Retentions. From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.

3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) Agenda Item #10.2.

2024 Construction Contract – Short Form 5
liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.

3.7.6 Substitutions for Contract Retentions. In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term “satisfactory completion of the contract” shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City.

3.7.7 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract.

Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.

3.7.8 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.

3.7.9 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total Agenda Item #10.2.

2024 Construction Contract – Short Form 6
compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract upon request. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

3.7.10 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

3.7.11 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

3.7.12 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor. 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.

3.7.13 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Agenda Item #10.2.

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Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. 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.

3.7.14 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility.

Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor 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 Contractor or any subcontractor.

3.8 Performance of Work; Jobsite Obligations.

3.8.1 Water Quality Management and Compliance.

3.8.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.

3.8.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit.

Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.

Agenda Item #10.2.

2024 Construction Contract – Short Form 8

3.8.1.3 Other Water Quality Rules Regulations and Policies.

Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

3.8.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of The Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

3.8.1.5 Liability for Non-Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.

3.8.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.

3.8.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.8.1. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.8.1 as they may relate to the Work provided under this Contract. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.

3.8.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures.

Furthermore, Contractor shall prominently display the names and telephone numbers of at least Agenda Item #10.2.

2024 Construction Contract – Short Form 9
two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

3.8.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with.

Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.8.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, any required business license. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s business license fee, if any. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

3.8.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

3.8.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

3.8.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to Agenda Item #10.2.

2024 Construction Contract – Short Form 10
exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.

3.8.8 Air Quality.

Contractor shall fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the Bay Area Air Quality Management District (Air District) and/or California Air Resources Board (CARB). Although the Air District and CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by Air District and CARB to include any item of equipment with a fuel-powered engine.

Contractor shall comply, and shall ensure all subcontractors comply, with all applicable requirements of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”).

Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and any subcontractors’ fleet including, without limitation, all Certificates of Reported Compliance, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City.

Contractor shall indemnify District against any fines or penalties imposed by Air District, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.8.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.

3.9 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a reinspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain. Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

3.10 Claims; Government Code Claim Compliance.

3.10.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code Agenda Item #10.2.

2024 Construction Contract – Short Form 11
prescribes a process for negotiation and mediation to resolve disputes on construction claims.

The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

3.10.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents.

Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim.

The Claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

3.10.3 Supporting Documentation. The Contractor shall submit all claims in the following format:

3.10.3.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made

3.10.3.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other

3.10.3.3 Chronology of events and correspondence

3.10.3.4 Analysis of claim merit

3.10.3.5 Analysis of claim cost

3.10.3.6 Time impact analysis in CPM format
Agenda Item #10.2.

2024 Construction Contract – Short Form 12

3.10.3.7 If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.

3.10.3.8 Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with Government Code section 12650 et seq.

3.10.4 City’s Response. Upon receipt of a claim pursuant to this Section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the public entity issues its written statement.

3.10.4.1 If City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, City shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

3.10.4.2 Within 30 days of receipt of a claim, City may request in writing additional documentation supporting the claim or relating to defenses or claims City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor.

3.10.4.3 City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

3.10.5 Meet and Confer. If the Contractor disputes City’s written response, or City fails to respond within the time prescribed, the Contractor may so notify City, in writing, either within 15 days of receipt of City’s response or within 15 days of City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 days for settlement of the dispute.

3.10.6 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.

Agenda Item #10.2.

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3.10.6.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

3.10.6.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

3.10.6.3 Unless otherwise agreed to by City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

3.10.6.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.

3.10.7 Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation.

3.10.8 Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this Section:

3.10.8.1 Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures.. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

3.10.8.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code.

The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.

3.10.8.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

Agenda Item #10.2.

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3.10.9 Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.

3.10.10 Non-Waiver. City’s failure to respond to a claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.

3.11 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminate this Contract pursuant to Section

3.17.3; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.

3.12 Indemnification.

3.12.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Contract, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.

3.12.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor's own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, Agenda Item #10.2.

2024 Construction Contract – Short Form 15
agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding.

Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.

3.13 Insurance.

3.13.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.

3.13.2 Minimum Requirements. Contractor shall, at its expense, 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 Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:

3.13.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. Policies shall not contain exclusions contrary to this Contract.

3.13.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence and $4,000,000 aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California.

Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease. Defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.

3.13.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies:

Agenda Item #10.2.

2024 Construction Contract – Short Form 16

3.13.3.1 General Liability. (1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.

3.13.3.2 Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.

3.13.3.3 Workers’ Compensation and Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and authorized volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.

3.13.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and authorized volunteers.

3.13.4 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and authorized volunteers.

3.13.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee Agenda Item #10.2.

2024 Construction Contract – Short Form 17
acceptable to the City guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.13.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.

3.13.7 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must 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, at any time.

3.13.8 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.

3.13.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.

3.14 Bond Requirements.

3.14.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.14.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.14.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such Agenda Item #10.2.

2024 Construction Contract – Short Form 18
increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.

3.14.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.15 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.16 Employee/Labor Certifications.

3.16.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.

3.16.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for Agenda Item #10.2.

2024 Construction Contract – Short Form 19
employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

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

3.17 General Provisions.

3.17.1 City’s Representative. The City hereby designates Joe Leach, Public Works Director or his or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.17.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”).

Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site.

Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.

3.17.3 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Work including, without limitation, any overhead and profit on the portion of the Work that is terminated and shall not be entitled to damages or compensation of any kind or nature for termination of Work.

Agenda Item #10.2.

2024 Construction Contract – Short Form 20

3.17.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.

3.17.5 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.

3.17.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

CONTRACTOR:

MG Masonry, Inc.
1415 Fulton Rd.,#205, Ste. 113 Santa Rosa, CA 95403
CITY:

City of St. Helena
1088 College Avenue
St. Helena, CA 94514
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.17.7 Time of Essence. Time is of the essence in the performance of this Contract.

3.17.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.

3.17.9 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.17.10 Laws and Venue. This Contract shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Contract, the action shall be brought in the Superior Court of California for the County of Napa.

Agenda Item #10.2.

2024 Construction Contract – Short Form 21

3.17.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.

3.17.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.

3.17.13 [Reserved]

3.17.14 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.

3.17.15 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to rescind this Contract without liability. For the term of this Contract, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Work.

3.17.16 Certification of License.

3.17.16.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.

3.17.16.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.

3.17.17 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.

3.17.18 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.

Agenda Item #10.2.

2024 Construction Contract – Short Form 22

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

3.17.20 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project or other projects. [SIGNATURES ON NEXT PAGE]
Agenda Item #10.2.

2024 Construction Contract – Short Form 23

SIGNATURE PAGE FOR CONSTRUCTION CONTRACT
BETWEEN THE CITY OF ST. HELENA
AND MG MASONRY INC.

IN WITNESS WHEREOF, the Parties have entered into this Contract as of the 10th day of June, 2025.

City of St. Helena MC Masonry Inc.

By: By:

Anil Comelo
City Manager Its: Owner
Printed Name: Mr. Margarito Granados
Agenda Item #10.2.

2024 Construction Contract – Short Form 24
EXHIBIT “A”

SERVICES / SCHEDULE

PROJECT DESCRIPTION
The Contractor shall furnish all labor, materials, equipment, and incidentals required to construct a new waste enclosure structure at Crane Park. The work includes concrete footings, CMU masonry walls, a concrete slab, a roof structure, and metal gates, per the estimated breakdown provided by the Contractor and subject to applicable building codes and permitting requirements.

DELIVERABLES & REQUIREMENTS
• Contractor shall coordinate with City-designated representatives for staging, inspection, and progress meetings.
• Work must be completed in accordance with applicable building codes and city ordinances.
• Contractor shall secure all permits as required once structural drawings are provided. • Timeline for completion shall be mutually agreed upon after issuance of Notice to Proceed.

Agenda Item #10.2.

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EXHIBIT “B”

PLANS AND SPECIFICATIONS

1. CONCRETE FOOTINGS
• CONSTRUCT FOOTINGS 31 LINEAR FEET TOTAL, 3 FEET WIDE BY 18 INCHES DEEP.
• EXCAVATE DITCHES, PLACE #5 REBAR REINFORCEMENT, AND POUR CONCRETE.

2. CMU MASONRY WALLS
• CONSTRUCT THREE CMU BLOCK WALLS:

O ONE WALL: 17 FEET LONG X 6 FEET HIGH.

O TWO RETURN WALLS: EACH 7 FEET LONG X 6 FEET HIGH.
• STANDARD 8X8X16 GRAY CONCRETE MASONRY UNITS (CMU) TO BE USED. • WALLS TO BE BUILT ON THE NEWLY POURED FOOTINGS.

3. CONCRETE SLAB AND APRON
• CONSTRUCT A CONCRETE SLAB INSIDE THE ENCLOSURE AND APRON OUTSIDE AS REQUIRED FOR FUNCTIONAL WASTE ACCESS.
• SLAB DETAILS TO COMPLY WITH STRUCTURAL ENGINEERING DRAWINGS (TO BE PROVIDED SEPARATELY).
• CONCRETE TO MEET LOCAL STRUCTURAL CODE REQUIREMENTS FOR LOADBEARING SURFACES.

4. ROOF STRUCTURE
• CONSTRUCT ROOF APPROXIMATELY 20 FEET X 10 FEET.
• USE 4X8X20 FT AND 2X8X20 FT DOUGLAS FIR #2 WOOD BEAMS. • INSTALL TIMBERLINE NATURAL SHADOW CHARCOAL ASPHALT SHINGLES. • ROOF FRAMING TO BE CONSISTENT WITH STANDARD PRACTICES AND SUBMITTED PLANS.

5. GATES AND ACCESS DOORS
• INSTALL STEEL GATES AND PEDESTRIAN ACCESS DOORS AS PER DESIGN. • FINAL DIMENSIONS AND INSTALLATION DETAILS TO BE REVIEWED AND APPROVED BY CITY STAFF.

EXCLUSIONS
• STRUCTURAL DRAWINGS AND ENGINEERED PLANS (TO BE PROVIDED BY THE CITY).
• ELECTRICAL WORK.
• PLUMBING.
• LANDSCAPING.

Agenda Item #10.2.

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EXHIBIT “C”

SPECIAL CONDITIONS
ARTICLE 1. BONDS
Within ten (10) calendar days from the date the Contractor is notified of award of the Contract, the Contractor shall deliver to the City four identical counterparts of Payment Bond on the form supplied by the City and included as Exhibit “F” to the Contract. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.

ARTICLE 2. Reverse Liquidated Damages Due to Unreasonable City Delay.

In compliance with the provisions of California Public Contract Code § 7102, the Contractor will be compensated for damages incurred due to delays in completing the Work due solely to the fault of the City, where such delay is unreasonable under the circumstances and not contemplated by the parties and such delay is not the result of Additional Work. The Contractor and City agree that determining actual damages is impracticable and extremely difficult. As such, the Contractor shall be entitled to the appropriate time extension and to payment of liquidated damages in the sum of $400 per Day of delay in excess of the time specified for the completion of the Work. Such amount shall constitute the only payment allowed and shall necessarily include all overhead (direct or indirect), all profit, all administrative costs, all bond costs, all labor, materials, equipment and rental costs, and any other costs, expenses and fees incurred or sustained as a result of such delay. The Contractor expressly agrees to be limited solely to the liquidated damages for all such delays as defined in this subsection.

Agenda Item #10.2.

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EXHIBIT “D”

CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.

MG Masonry Inc.

By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
Agenda Item #10.2.

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EXHIBIT “E”

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/PublicWorks/PublicWorks.html for additional information.

No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Contractor:

DIR Registration Number:

DIR Registration Expiration:_________________________
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:
• Contractor shall maintain a current DIR registration for the duration of the project. • Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project. • Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Contractor
Signature
Name and Title
Dated
1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.” Agenda Item #10.2.

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EXHIBIT “F”

PAYMENT BOND
Agenda Item #10.2.

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PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of St. Helena (hereinafter designated as the “City”), by action taken or a resolution passed ___________ , 20____has awarded to MG Masonry Inc. hereinafter designated as the “Principal,” a contract for the work described as follows:
_____________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated June 10, 2025 (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions Agenda Item #10.2.

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precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

Agenda Item #10.2.

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Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER
 Individual

DESCRIPTION OF ATTACHED DOCUMENT
 Corporate Officer
Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
Agenda Item #10.2.

- 33 -
Agenda Item #10.2.

- 34 -
Exhibit G
Fleet Compliance Certification.

Bidder hereby acknowledges that they have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct:

The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto.

The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto.

Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids).

The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4).

The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.

Name of Bidder:_________________________________________________ Signature: __________________________________________________ Name: __________________________________________________ Title: __________________________________________________ Date: __________________________________________________ Agenda Item #10.2.

Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: June 10, 2025
FROM: Lesley Milton, Deputy City Manager
SUBJECT: Approve a Resolution authorizing the purchase of additional RF-friendly Nicor Read-Rite meter box lids from PACE Supply for CIP Project W24-04 Smart Meter
Deployment, in an amount not to exceed $48,066.

RECOMMENDED
ACTION:

Approve the attached Resolution authorizing the purchase of additional RF-friendly Nicor Read-Rite Lids from PACE Supply for CIP Project W24-04 Smart Meter Deployment.

PREVIOUS COUNCIL
ACTION:

October 22, 2024: Council adopted Resolution 2024-145
approving the purchase of 760 - B12 and 1,031 - B16
Nicor Read-Rite RF-friendly meter lids from PACE Supply for a total not-to-exceed cost of $123,586.

STATEMENT OF THE
PURPOSE:

To authorize the purchase of additional RF-compatible
meter box lids related to CIP W24-04 Smart Meter
Replacement Project, in alignment with the original scope and communication provided to Council during the October 2024 meeting for the continued deployment to retrofit or replace existing aging infrastructure throughout the City and to complete CIP Project W24-04.

FINANCIAL IMPACT: The total cost of this purchase is not to exceed $48,066, which includes tax and freight. Funding was previously
approved utilizing water revenue bond proceeds, which
were allocated to CIP Project W24-04 Smart Meter
Deployment. The total approved funding is $1.97 million, of which $1.15 million has been expended or encumbered to
date.

BACKGROUND:

The City’s Capital Improvement Plan (CIP) includes Project W24-04, the Smart Meter Deployment Project, which aims to modernize St. Helena's water metering infrastructure. The project replaces outdated water meters with state-of-the-art Advanced Metering Infrastructure (AMI), allowing for real-time data transmission over a cellular network. This upgrade improves billing accuracy, enables leak detection, and enhances customer access to consumption data through an online portal.

To support the deployment of AMI meters, the City must also replace incompatible meter box lids. Traditional concrete or cast-iron lids interfere with radio frequency Agenda Item #10.3.

signals, rendering the new AMI meters ineffective. As such, RF-compatible lids are a critical component of the upgrade.

In October 2024, the Council approved an initial purchase of Nicor Read-Rite lids based on quantities available from a preliminary field assessment. At that time, staff informed Council that additional purchases would be required as remaining meter locations were inspected and measured. This current request represents the follow-up procurement needed to finalize the inventory of lids in preparation for full project deployment.

DISCUSSION:

This request mirrors prior Council-authorized purchases and will ensure continuity in equipment compatibility, inventory availability, and installation timelines.

PACE Supply continues to provide the most competitive pricing for Nicor Read-Rite lids, which are RF-compatible and recommended by Badger Meter for optimal performance with the Orion cellular endpoints. These purchases are being coordinated with the City’s project management consultant, Haley & Aldrich, to align with construction schedules and ensure minimal service disruption.

LID PURCHASE SUMMARY:

Purchase Date Lid Type Quantity Cost
October 22, 2024 B12 760
B16 1,031
Total 1,791 $123,586
May 27, 2025
(Proposed) B24(18 5/8x17 7/8) 61
B3(14 3/8x8 7/8) 3
B30(23 1/8x13 3/4) 13
B36(30 1/2x17 1/2) 61
B65(26 1/4x15) 5
B9 107
B9B(15 5/16x9 7/8) 41
B9C(15 1.2x10 1/8) 12
B9X(15 1/2x10 1/8) 95
G5 48
M25 8
M70 2
OVAL 10 x 16 32
Total this
Purchase 488 $47,065.80
Total to Date 2,279 $170,651.8
PROCUREMENT PROCESS:

Agenda Item #10.3.

Haley & Aldrich, the City’s contracted Owner’s Representative for the Smart Meter Project, conducted a competitive quote solicitation from multiple distributors, including PACE Supply, Ferguson/Cal-Steam, Hydro-Pro Solutions, and Sigmaco. The City received multiple quotations and determined that PACE Supply offered the lowest responsive quote for Nicor lids, which are recommended by Badger Meter and known for high compatibility with the Orion endpoints.

This purchase continues the use of PACE Supply as a vendor for Nicor lids based on price competitiveness, quality, and previous successful delivery. All procurement procedures comply with the City’s purchasing policies.

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

GOAL:

Goal 2: Improve Infrastructure & Further Environmental Sustainability Goal 3: Pursue Water Security & Sustainable Management of Water Resources Goal 8: Implement Capital Improvement Plans (CIP) Projects Miscellaneous/Other DOCUMENTS ATTACHMENTS:

Resolution Smart Meter Lid Meter Extra Purchase
Pace_Supply_Quote_2404054
Agenda Item #10.3.

CITY OF ST. HELENA
RESOLUTION NO. 2025-__
APPROVE A RESOLUTION AUTHORIZING THE PURCHASE OF ADDITIONAL RFFRIENDLY NICOR READ-RITE METER BOX LIDS FROM PACE SUPPLY FOR CIP PROJECT W24-04 SMART METER DEPLOYMENT, IN AN AMOUNT NOT TO EXCEED $48,065.90.

RECITALS
A. On June 25, 2024, the City Council approved a resolution authorizing the sole source purchase of SMART Advanced Meter Infrastructure from Badger Meter, Inc. for a not-to-exceed cost of $1,056,966.44 for CIP Project W24-04 Smart Meter Deployment.

B. On October 22, 2024, the City Council authorized the purchase of 760 B12 and 1,031 B16 Nicor Read-Rite, RF-compatible meter box lids from PACE Supply for a not-to-exceed cost of $123,586.00.

C. Due to having only a partial inventory of meters and box sizes done in house prior to the start of the meter project, the City requires additional quantities of meters and lids to fulfill the project needs of the Smart Meter Deployment Project.

D. As part of the construction contract with ProMeters Inc, the construction contractor was tasked to complete the inventory and submit a list of remaining sizes and quantities of lids needed to complete the project.

D. Badger Meter Inc. remains the City's sole source provider for compatible SMART meters, and PACE Supply provided the lowest quote for Nicor lids which are recommended by Badger for use with their Orion Cellular Endpoints.

E. Funding for this purchase is available through previously approved water revenue bond proceeds allocated to CIP Project W24-04.

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.

Agenda Item #10.3.

2. The City Council further authorizes the purchase of additional Nicor Read-Rite RF-friendly meter box lids from PACE Supply for a not-to-exceed amount of $48,065.90.

3. These purchases shall be funded through CIP Project W24-04 using available water revenue bond proceeds.

4. The City Manager, or their designee, is authorized to execute any documents necessary to complete these purchases.

5. Funding is as follows:

Description Fund GL Account Amount
W24-04 project budget Fund 763 763-50-30-31-60 $48,065.90.

Approved at a Regular Meeting of the St. Helena City Council on June 10, 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 #10.3.

QUOTATION
Part Number Description Price Qty Unit Extended Price
Quote#
Quote Date
Page#
Subtotal
Estimated Sales Tax
Estimated Freight
Total
Ship To:

Expiration Date
Job Name
Requested By
FOB Prepared By
Salesperson
Ln#
2404054
05/29/25
1 WE ARE PLEASED TO QUOTE YOU ON THE FOLLOWING MATERIAL

PACE SUPPLY CORP
4569 E. HOME AVENUE
FRESNO CA 93703
559-251-7581
06/01/25
Brad Opitz
CITY OF ST HELENA ~ 03435-00
1572 RAILROAD AVE
SAINT HELENA CA 94574
ORIGIN [email protected]
Online Quote
2404054
>>> SEGMENT: W-1 - LIDS
1 NS00256288 B24 NICOR LID 175.00 61 EA 10675.00
Vend Part#:
2 NS00256289 B3 NICOR LID 55.00 3 EA 165.00
Vend Part#:
3 NS00256292 B30 NICOR LID 175.00 13 EA 2275.00
Vend Part#:
4 NS00256294 B36 NICOR LID 165.00 61 EA 10065.00
Vend Part#:
5 NS00256295 B65 NICOR LID 175.00 5 EA 875.00
Vend Part#:
6 NS00256298 B9B NICOR LID 65.00 41 EA 2665.00
Vend Part#:
7 NS00256299 B9C NICOR LID 65.00 12 EA 780.00
Vend Part#:
8 NS00256300 B9X NICOR LID 65.00 95 EA 6175.00
Vend Part#:
9 CHCG5TBOX G5 BOX CONCRETE TRAFFIC 10-3/8ID*12 63.85 48 EA 3064.80 10 CHCG5CW G5 LID CI WATER TRAFFIC BOLT DOWN 47.97 48 EA 2302.56 BAM1006443 M25 HR-E 8D ENCODER, US GAL, 6' NICOR 121.67 8 CONNECTOR, S# IN ONLY, TORX
11 EA 973.36
BAM1009781 5/8" X 3/4" M25, BRONZE W/BRZ BOTTOM, YOM 119.99 8 SERIAL # LID
12 EA 959.92
BAM1008518 M70 HR-E 8D ENCODER, US GAL, 6' NICOR 121.67 2 CONNECTOR, S# IN ONLY, TORX
13 EA 243.34
BAM1009766 1" MODEL 70, BRONZE W/BRZ BOTTOM, YOM 362.21 2 SERIAL # LID
14 EA 724.42
15 CHCM10RLMS M10 O LID CONCRETE READING LID 10*16 SEWER 46.73 32 EA 1495.36 16 NOTE: BUDGETARY NUMBERS ONLY

WILL NEED TO GET ACCURATE
16 Agenda Item #10.3.

QUOTATION
Part Number Description Price Qty Unit Extended Price
Quote#
Quote Date
Page#
Subtotal
Estimated Sales Tax
Estimated Freight
Total
Ship To:

Expiration Date
Job Name
Requested By
FOB Prepared By
Salesperson
Ln#
2404054
05/29/25
2 WE ARE PLEASED TO QUOTE YOU ON THE FOLLOWING MATERIAL

PACE SUPPLY CORP
4569 E. HOME AVENUE
FRESNO CA 93703
559-251-7581
06/01/25
Brad Opitz
CITY OF ST HELENA ~ 03435-00
1572 RAILROAD AVE
SAINT HELENA CA 94574
ORIGIN [email protected]
3627.14
43438.76
47065.90
Online Quote
2404054
17 NOTE: PART NUMBERS AND FINE TUNE PRICING
17 ---------.--
43438.76
Agenda Item #10.3.

Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: June 10, 2025
FROM: Carlos Uribe, Assistant Public Works Operations Manager SUBJECT: Approval of a resolution authorizing the City Manager to execute a change order with Bobcat of Santa Rosa in the amount of $5,900. This change order accounts for sales
tax that was inadvertently omitted from the original
agreement. The revised not-to-exceed contract amount is $79,213.

RECOMMENDED
ACTION:

Approval of the attached resolution.

PREVIOUS COUNCIL
ACTION:

The Council Adopted Budget for FY 2024-25 included
approval of funding for the purchase of a Compact Track Loader.

Council approved the purchase of the Compact Track
Loader on February 25, 2025.

STATEMENT OF THE
PURPOSE:

Approval of a change order in the amount of $5,900 to
Bobcat of Santa Rosa for the purchase of a Compact
Track Loader.

FINANCIAL IMPACT: The total financial impact of the purchase is $79,213 which is available in the Council Adopted FY 2024-25 Operating Budget for the Water Treatment Plant Fund 561 for Capital Purchases in GL Account 561-50-34-26-70.

BACKGROUND:

City Council approved the purchase of a Compact Track Loader for the Water Treatment Plant on February 25, 2025, in the amount of $73,312. The Compact Tract Loader is an essential piece of equipment which allows staff to perform periodic backwash operations which is required to remain compliant with the City's Permit to Operate issued by the State Water Resources Control Board Division of Drinking Water.

DISCUSSION:

The initial quote of $73,312 for the Compact Tract Loader did not include applicable sales tax. At the time of the original request of use of funds from City Counci, staff proceeded based on the subtotal amount listed in the vendor's quote, under the assumption that tax was included in the quote. Upon receipt of the final invoice, it was confirmed that sales tax in the amount of $5,900 is due in addition to the previously authorized amount. As a result, the total costs exceed the approved $73,312.

Agenda Item #10.4.

To ensure timely payment and to maintain good standing with the vendor, staff is requesting additional funds to cover the full invoiced amount.

ENVIRONMENTAL REVIEW: None.

GOAL:

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

Bobcat Invoice
Reso Change Order Compact Track Loader
Agenda Item #10.4.

Agenda Item #10.4.

Agenda Item #10.4.

CITY OF ST. HELENA
RESOLUTION NO. 2025-__

APPROVAL OF A RESOLUTION AUTHORIZING THE

CITY MANAGER TO EXECUTE A CHANGE ORDER

WITH BOBCAT OF SANTA ROSA IN THE AMOUNT
$5,901 FOR A TOTAL NOT-TO-EXCEED AMOUNT OF
$79,213

RECITALS
A. City Council approved the purchase of a Compact Track Loader for the Water Treatment Plant on February 25, 2025, in the amount of $73,312; and B. The Compact Tract Loader is an essential piece of equipment which allows staff to perform periodic backwash operations which is required to remain compliant with the City's Permit to Operate issued by the State Water Resources Control Board Division of Drinking Water; and
C. The initial quote of $73,312 for the Compact Tract Loader did not include applicable sales tax; and
D. Upon receipt of the final invoice, it was confirmed that sales tax in the amount of $5,901 is due in addition to the previously authorized amount; and E. As a result, the total costs exceed the approved amount of $73,312; and F. To ensure timely payment and to maintain good standing with the vendor, staff is requesting additional funds to cover the full invoiced amount.

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. Approves City Manager to execute a change order with Bobcat of Santa Rosa in the amount of $5,901 for a total not-to-exceed amount of $79,213.

Agenda Item #10.4.

3.Funding is as follows:

Description Fund GL Account Amount
Budget AdjustmentCapital Imp EquipmentWater Enterprise 561-5034-2670 ($5,901) Budget AdjustmentCapital EquipmentWater Enterprise 561-5034-2630 $5,901 Approved at a Regular Meeting of the St. Helena City Council on June,10, 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 #10.4.

Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: June 10, 2025
FROM: Lesley Milton, Deputy City Manager
SUBJECT: Approve a Resolution authorizing the purchase, delivery, and installation of two custom metal utility buildings at the Corporation Yard from Pro Metal Buildings Inc. in an
amount not to exceed $33,663, to be funded from existing appropriations.

RECOMMENDED
ACTION:

Staff recommends approval of the attached resolution.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
PURPOSE:

The purpose is to approval of purchase of two custom
utility buildings from Pro Metal Buildings Inc. for Public Works Corporation Yard to provide storage for essential equipment.

FINANCIAL IMPACT: The total cost for the two structures, including tax, delivery, and installation, is a not to exceed cost of $33,663.

Sufficient funds are available in the Public Works
Administration budget. A budget transfer in the amount of $33,663 from 101-5000-2130 (Professional Contracts) to
101-5000-2630 (Capital Equipment) is included to properly account for this purchase. No additional appropriation is required.

BACKGROUND:

The Corporation Yard houses essential vehicles, equipment, and materials critical to the City’s daily operations and emergency response capabilities. Existing storage capacity is insufficient to protect all equipment and supplies from exposure to inclement weather and prolonged sun exposure, leading to premature wear, increased maintenance costs, and reduced service life of valuable assets.

As part of a broader effort to improve operational safety, security, and equipment preservation at the Corporation Yard, the City is undertaking a series of capital improvements, including:
 Replacement of perimeter security fencing
 Implementation of drainage and stormwater control measures  Repaving of the yard surface
Agenda Item #10.5.

DISCUSSION:

The proposed purchase of two custom metal utility buildings from Pro Metal Buildings Inc. will supplement existing storage and allow the Public Works Department to better safeguard its investment in equipment and materials. In addition to asset protection, the new structures will contribute to a safer and more organized work environment for field crews.

Pro Metal Buildings Inc. provided a competitive quote for two prefabricated utility structures tailored to the City’s specifications, including installation and delivery. The design and dimensions of the buildings are consistent with current site conditions and planned upgrades. Staff has consulted with the City's Building Official and Fire Marshal and has ensured the structures are compliant with regulations and do not require permits or fire suppression systems.

ENVIRONMENTAL REVIEW: Not a CEQA project.

GOAL:

Goal 1: Strengthen Financial Sustainability
Goal 7: Enhance Organizational Effectiveness
DOCUMENTS ATTACHMENTS:

Resolution Corp Yard Utility Structures
design-1748547705697384
design-1748547705697384-1
Agenda Item #10.5.

CITY OF ST. HELENA
RESOLUTION NO. 2025-__

APPROVE A RESOLUTION AUTHORIZING THE PURCHASE, DELIVERY, AND

INSTALLATION OF TWO CUSTOM UTILITY BUILDINGS AT THE CORPORATION YARD FROM PRO METAL BUILDINGS INC. IN AN AMOUNT NOT TO EXCEED $33,663, TO BE FUNDED FROM EXISTING APPROPRIATIONS.

RECITALS
A. The Corporation Yard is a critical facility that supports daily operations and emergency response by housing essential City vehicles, equipment, and materials.

B. Existing storage at the Corporation Yard is insufficient, exposing equipment and materials to weather-related damage, which reduces service life and increases maintenance costs.

C. The City is implementing a series of capital improvements at the Corporation Yard to improve safety, operational efficiency, and asset preservation.

D. The proposed purchase of two custom utility buildings from Pro Metal Buildings Inc. will enhance storage capacity and help protect valuable equipment from the elements.

E. Pro Metal Buildings Inc. has provided a competitive quote for the design, delivery, and installation of two prefabricated structures tailored to the City’s specifications and site conditions, for an amount not to exceed $33,663.

F. Sufficient funding is available in the FY 2025 Public Works Administration budget. A budget transfer is included to properly account for this purchase, and no additional appropriation is required.

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

1. The City Council hereby authorizes the purchase, delivery, and installation of two custom utility buildings from Pro Metal Buildings Inc. for the Corporation Yard, in an amount not to exceed $33,663.

2. The City Manager, or their designee, is authorized to execute any and all documents necessary to complete this transaction and implement the project.

3.Funding is as follows:

Description Fund GL Account Amount
Budget Transfer - General 101-5000-2130 ($33,663)
Agenda Item #10.5.

Professional Contracts
Budget Transfer -
Capital Equipment
General 101-5000-2630 $33,663
Approved at a Regular Meeting of the St. Helena City Council on June 10, 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.

Custom Order - May 29, 2025
Pro Metal Buildings
888-536-1585
[email protected] View Online
Ship To
Building Info Size
36' 30' 12'/9'/7'
x x
Width Frame
Length
Leg
Height
Colors Anchoring & Site Preparation
Description Qty Unit Price Price
Base Price: 12‘x30' 1 $3,920.00 $3,920.00
Installation Surface: Concrete 1 - -
Roof: Barn Red 1 - -
Trim Colors: Earth Brown 1 - -
Gable End Siding: Quaker Gray 1 - -
Side Wall Siding: Quaker Gray 1 - -
Roof Style: A-Frame Vertical 1 $890.00 $890.00
Roof Pitch: 3/12 1 - -
Roof Overhang: Standard 1 - -
Trusses: Standard 1 - -
Gauge: 12-Gauge Framing 1 - -
Brace: Standard Brace 1 - -
Leg Height: 12' 1 $970.00 $970.00
Right Side: Fully Enclosed - Siding: Horizontal 1 $810.00 $810.00 Front End: Gable End - Siding: Horizontal 1 $200.00 $200.00 Side Wall Header (9’x11’) - Corner Style: Square (Traditional) 1 $275.00 $275.00 Left Lean
Base Price: 12‘x30' 1 $2,932.50 $2,932.50
Type: Lean only 1 - -
Roof Style: A-Frame Vertical 1 $890.00 $890.00
Roof Pitch: 3/12 1 - -
Gauge: 12-Gauge Framing 1 - -
Brace: Standard Brace 1 - -
Continued on next page...

Totals
Subtotal $19,182.50
+ Exempt
(Exempt) $0.00
Total Order
Amount $19,182.50
- Deposit Amount $3,452.85
Remaining Due $15,729.65
Name Juan Gonzalez Order # 1748547705697384
Install Address 1Chaix Lane
City City of St. Helena State CA Zip Code 94574
Email [email protected], [email protected] Phone # (707) 339-1053 Mobile # Style Straight Line Barn
Roof Overhang Standard
Roof Style A-Frame Vertical
Gauge 12-Gauge Framing
Leg Style Standard
Brace Standard Brace
Roof Barn Red
Trim Earth Brown
Gable End Siding Quaker Gray
Side Wall Siding Quaker Gray
Installation Surface Concrete
How did you find us?
Agenda Item #10.5.

Description Qty Unit Price Price
Leg Height: 9' - Extra Truss 1 $1,295.00 $1,295.00
Connection Fee Side to Side 1 $310.00 $310.00
Right Lean
Base Price: 12‘x20' 1 $2,127.50 $2,127.50
Type: Lean only 1 - -
Roof Style: A-Frame Vertical 1 $620.00 $620.00
Roof Pitch: 3/12 1 - -
Gauge: 12-Gauge Framing 1 - -
Brace: Standard Brace 1 - -
Leg Height: 7' - Extra Truss 1 $607.50 $607.50
Right Side: Fully Enclosed - Siding: Horizontal 1 $365.00 $365.00 Front End: Fully Enclosed - Siding: Horizontal 1 $760.00 $760.00 Back End: Fully Enclosed - Siding: Horizontal 1 $760.00 $760.00 Walk-in Door (36x80) 1 $380.00 $380.00
30W x 30H Windows-SinglePane 3 $275.00 $825.00
Connection Fee Side to Side 1 $245.00 $245.00
Additional Fees
Standard Panel 29 Gauge 1 - -
Additional Notes
Customer Signature Date Desired Delivery Date
Dealer or Manufacturer Signature Delivery Notes Delivery Notes Notes, Comments, Questions:Juan I hope this is close. I will call in the morning to refine! Kathryn 503 906-1879 EXT 105 Agenda Item #10.5.

For Re-Orders or Referrals please call 888-536-1585
Sales tax is additional if applicable. Installation times vary depending on location. Engineered Drawings and Calculation Drawings are an additional cost, and can be provided at your request. The Engineer may add additional materials once your drawings are complete.  If this is the case, you will be responsible for the added material cost. We ask for a 12-18% down payment to start your order, and remaining balance at installation. Please visit our website for color options. We appreciate the opportunity to do business with you.

Important Points
**If any of these requirements are not met, there
could be additional labor charges, or we may not be able to install**

1. Site needs to be Level

2. Site needs to be Clear

3. Installers need 3’ Clearance around building site

4. Need enough room to safely drive within 30’ of install site

5. Power/phone lines need to be 10’+ away from install site

6. Buildings over 12’ Leg Height may require that you provide a forklift on-site for the installers.

Agenda Item #10.5.

Building Images
Perspective View Front
Left Side Right Side
Back
Agenda Item #10.5.

Floor Plan

SYMBOL LEGEND
Side Wall Header Walk-in Door (36x80)
30W x 30H Windows-SinglePane Closed Wall
Open Wall
F1 D1
W1
Agenda Item #10.5.

Custom Order - May 29, 2025
Pro Metal Buildings
888-536-1585
[email protected] View Online
Ship To
Building Info Size
24' 30' 12'/9'
x x
Width Frame
Length
Leg
Height
Colors Anchoring & Site Preparation
Description Qty Unit Price Price
Base Price: 12‘x30' 1 $3,920.00 $3,920.00
Installation Surface: Concrete 1 - -
Roof: Barn Red 1 - -
Trim Colors: Earth Brown 1 - -
Gable End Siding: Quaker Gray 1 - -
Side Wall Siding: Quaker Gray 1 - -
Roof Style: A-Frame Vertical 1 $890.00 $890.00
Roof Pitch: 3/12 1 - -
Roof Overhang: Standard 1 - -
Trusses: Standard 1 - -
Gauge: 12-Gauge Framing 1 - -
Brace: Standard Brace 1 - -
Leg Height: 12' 1 $970.00 $970.00
Right Side: Top - 8' Panel - Siding: Horizontal - J-Trim: Add J-Trim 1 $585.00 $585.00 Front End: Gable End - Siding: Horizontal - J-Trim: Add J-Trim 1 $200.00 $200.00 Back End: Fully Enclosed - Siding: Horizontal 1 $1,075.00 $1,075.00 Left Lean
Base Price: 12‘x30' 1 $3,920.00 $3,920.00
Type: Lean only 1 - -
Roof Style: A-Frame Vertical 1 $890.00 $890.00
Roof Pitch: 3/12 1 - -
Gauge: 12-Gauge Framing 1 - -
Brace: Standard Brace 1 - -
Continued on next page...

Totals
Subtotal $14,480.00
+ Exempt
(Exempt) $0.00
Total Order
Amount $14,480.00
- Deposit Amount $2,606.40
Remaining Due $11,873.60
Name Juan Gonzalez Order # 1748547705697384-1
Install Address 1Chaix Lane
City City of St. Helena State CA Zip Code 94574
Email [email protected], [email protected] Phone # (707) 339-1053 Mobile # Style Straight Line Barn
Roof Overhang Standard
Roof Style A-Frame Vertical
Gauge 12-Gauge Framing
Leg Style Standard
Brace Standard Brace
Roof Barn Red
Trim Earth Brown
Gable End Siding Quaker Gray
Side Wall Siding Quaker Gray
Installation Surface Concrete
How did you find us?
Agenda Item #10.5.

Description Qty Unit Price Price
Leg Height: 9' 1 $485.00 $485.00
Left Side: Top - 5' Panel - Siding: Horizontal - J-Trim: Add J-Trim 1 $405.00 $405.00 Back End: Fully Enclosed - Siding: Horizontal 1 $830.00 $830.00 Connection Fee Side to Side 1 $310.00 $310.00
Additional Fees
Standard Panel 29 Gauge 1 - -
Additional Notes
Customer Signature Date Desired Delivery Date
Dealer or Manufacturer Signature Delivery Notes Delivery Notes Notes, Comments, Questions:Juan, I hope this is close. I will call in the morning to refine! Kathryn 503 906-1879 EXT 105 Agenda Item #10.5.

For Re-Orders or Referrals please call 888-536-1585
Sales tax is additional if applicable. Installation times vary depending on location. Engineered Drawings and Calculation Drawings are an additional cost, and can be provided at your request. The Engineer may add additional materials once your drawings are complete.  If this is the case, you will be responsible for the added material cost. We ask for a 12-18% down payment to start your order, and remaining balance at installation. Please visit our website for color options. We appreciate the opportunity to do business with you.

Important Points
**If any of these requirements are not met, there
could be additional labor charges, or we may not be able to install**

1. Site needs to be Level

2. Site needs to be Clear

3. Installers need 3’ Clearance around building site

4. Need enough room to safely drive within 30’ of install site

5. Power/phone lines need to be 10’+ away from install site

6. Buildings over 12’ Leg Height may require that you provide a forklift on-site for the installers.

Agenda Item #10.5.

Building Images
Perspective View Front
Left Side Right Side
Back
Agenda Item #10.5.

Floor Plan

SYMBOL LEGEND
Closed Wall Open Wall
Agenda Item #10.5.

Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: June 10, 2025
FROM: Lesley Milton, Deputy City Manager
SUBJECT: Resolution of the City Council of the City of St. Helena Authorizing the City Manager to Execute Amendment 02A
To Professional Services Agreement with Economy Lock
and Key, Inc.; STH Contract No: 2023-018 For Security
Associated with the Napa Valley College Tenant
Improvement Project (NVC-Ti) for an Additional $15,994
for a Total Not-To-Exceed Amount Of $84,518.

RECOMMENDED
ACTION:

Staff recommends Approval of Contract Amendment 02A
with Economy Lock & Key Inc. for Fire Department Door
Lock Replacement for an additional $15,994.00 and a not to Exceed cost of $84,518.

PREVIOUS COUNCIL
ACTION:

1. On November 22, 2022, the City of St. Helena and
Economy Lock and Key, Inc. entered into an
agreement for services associated with the security
for the Napa Valley College Tenant Improvement
Project (NVC-TI); and

2. On March 3, 2024 the city of St. Helena and
Economy Lock and Key amended the agreement
budget in the amount of $45,000 because of tasks
that required additional efforts, tasks beyond the
original scope of service, and to be able to provide
a fully electronic lock facility security system for City Hall;
The proposed contract for the Fire Department continues the City’s phased approach to implementing a consistent and modern access control system across all City-owned
facilities.

STATEMENT OF THE
PURPOSE:

This action will standardize security infrastructure across City facilities by extending the centralized electronic access control system currently in use at City Hall, the Library, and the Carnegie Building. The new system will enhance operational efficiency, improve building security, and reduce long-term maintenance efforts by enabling
remote management of employee access credentials
through a secure web portal.

FINANCIAL IMPACT: Total cost is $15,994, to be funded from Government Buildings Maintenance Fund 101-50-06-21-45. Though
Agenda Item #10.6.

there is an upfront cost, long-term savings are expected through reduced labor for lock management and enhanced
operational control.

BACKGROUND:

The City has invested in a unified electronic access control system at City Hall, the Library, and the Carnegie Building. These systems allow staff access to be remotely managed through a secure web portal. Each user is assigned a unique code or key fob, and access levels can be modified digitally without requiring physical reprogramming at each door.

Currently, the Fire Department remains on a legacy access system that requires individual door programming. This results in significant staff time to administer and creates inconsistencies in access control.

DISCUSSION:

To align with City standards and improve facility security and operational efficiency, staff is proposing to upgrade all door locks at the Fire Department located at 1500 Main Street. The proposed system by Economy Lock & Key Inc. will match existing infrastructure at other civic facilities, including:
 Installation of a central Air Access radio and gateway,  Networked locks at all key entrances,
 Keypad/reader integration for secure and remote access,  Connectivity via cellular/LTE with cloud-based access control.

Once installed, this system will allow for centralized, real-time control of door access, enhancing both security and flexibility in operations. The estimate also includes one year of cellular and cloud account service.

The proposed not-to-exceed cost of $15,994 includes all hardware, installation, software integration, and tax.

ENVIRONMENTAL REVIEW: Not a CEQA project.

GOAL:

Goal 7: Enhance Organizational Effectiveness
DOCUMENTS ATTACHMENTS:

Resolution Fire Department Door Locks
STH Contract FY2023-018 Economy lock and Key 02A
043025.COSH.AACCSSFD
Agenda Item #10.6.

CITY OF ST. HELENA
RESOLUTION NO. 2025-__
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. HELENA AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT 02A TO

PROFESSIONAL SERVICES AGREEMENT WITH ECONOMY LOCK AND KEY, INC.; STH CONTRACT NO: 2023-018 FOR SECURITY ASSOCIATED WITH THE

NAPA VALLEY COLLEGE TENANT IMPROVEMENT PROJECT (NVC-TI) FOR AN ADDITIONAL $15,994.00 FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $84,517.67

RECITALS

1. On November 22, 2022, the City of St. Helena and Economy Lock and Key, Inc. entered into an agreement for services associated with the security for the Napa Valley College Tenant Improvement Project (NVC-TI); and

2. On March 3, 2024 the city of St. Helena and Economy Lock and Key amended the agreement budget in the amount of $45,000 because of tasks that required additional efforts, tasks beyond the original scope of service, and to be able to provide a fully electronic lock facility security system for City Hall; and

3. The Fire Department located at 1500 Main Street remains on a legacy access system that requires individual programming and manual management.

4. The installation of a new electronic access control system at the Fire Department will bring the facility in line with City standards and enable centralized, webbased control of staff access credentials.

5. The proposed system includes installation of networked locks, keypad and reader integration, an Air Access radio and gateway, and one year of cloud and cellular service.

6. Economy Lock & Key Inc. has submitted a proposal for the complete installation and integration of the system at a cost not to exceed $15,994.00.

7. The total project cost will be funded through the Government Buildings Maintenance Fund 101-5006-2145, with no additional appropriation required.

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

1. The City Council hereby authorizes the City Manager to execute Amendment 02A to STH Agreement 2023-018 with Economy Lock & Key Inc. for the installation of an electronic access control system at the Fire Department for an additional $15,994.00 at a total cost not to exceed $84,517.67.

Agenda Item #10.6.

2. The City Manager, or their designee, is further authorized to take all administrative actions necessary to implement and ensure project completion.

1. Funding is as follows:

Description Fund GL Account Amount
FY 25 Budgeted Funds
Fund 101 –
Government
Buildings
101-5006-2145 $15,994
Approved at a Regular Meeting of the St. Helena City Council on June 10, 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.

AMENDMENT NO. 2
FOR PROFESSIONAL SERVICES AGREEMENT WITH ECONOMY LOCK AND KEY, INC.; STH CONTRACT NO: 2023-012 FOR SECURITY ASSOCIATED WITH THE NAPA VALLEY COLLEGE TENANT IMPROVEMENT PROJECT (NVC-TI) FOR AN ADDITIONAL $15,994.00 FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $84,517.67.

This Second Amendment to Professional Services Agreement with Economy Lock and Key, Inc. STH Contract: FY 2023-012 dated November 22, 2023 ("Agreement") is made as of this 10th day of June, 2025 by and between the City of St. Helena and Economy Lock and Key, Inc.

RECITALS
A. On November 22, 2022, the City of St. Helena and Economy Lock and Key, Inc. entered into an agreement for services associated with the security for the Napa Valley College Tenant Improvement Project (NVC-TI); and
B. On March 3, 2024 the city of St. Helena and Economy Lock and Key amended the agreement budget in the amount of $45,000 because of tasks that required additional efforts, tasks beyond the original scope of service, and to be able to provide a fully electronic lock facility security system for City Hall; C. The City of St. Helena and Economy Lock and Key now desire to amend the Agreement for an additional $15,994.00 to complete the additional scope of work upgrading all door locks at the Fire Department located at 1500 main street for a not to exceed total amount of $84,517.67.

AGREEMENT
NOW, THEREFORE, in consideration of the promises and of the mutual covenants and agreements herein contained, for good and valuable consideration, the adequacy of which is hereby acknowledged, the parties agree to amend the Agreement as follows:

1. Section 4.A. The total compensation that may be paid under the Agreement as set forth in Section 4.A is hereby amended to an amount that shall not exceed $84,517.67.

2. Scope of Services. The Scope of Services as set forth in the Agreement is hereby amended to include the additional scope of work as follows:
a. Upgrade all door locks at the Fire Department located at 1500 Main Street.

The proposed system by Economy Lock & Key Inc. will match existing infrastructure at other civic facilities, including:
i. Installation of a central Air Access radio and gateway, ii. Networked locks at all key entrances,
iii. Keypad/reader integration for secure and remote access, iv. Connectivity via cellular/LTE with cloud-based access control. v. All other terms of the Agreement shall remain in full force and effect.

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

Agenda Item #10.6.

CLIENT FIRST TECHNOLOGIES
Signatures of Authorized Persons:

By:

Print Name:

Title:

CITY OF ST HELANA
A Municipal Corporation
Print Name: Anil Comelo
Title: City Manager
APPROVED AS TO FORM:

Ethan Walsh, City Attorney
Erika Opp
Acting City Clerk
Agenda Item #10.6.

ESTIMATE
42282951

ESTIMATE DATE
Apr 30, 2025

J O B A D D R E S S
ST. HELENA FIRE DEPT.
1500 Main St.

St. Helena, CA 94574 United States
Job:

S E RV I C E D E S C R I P T I O N QT Y P R I C E TOTA L ACCESS

CONTROL

INSTALL
Fire Dept.
- Install Air Access radio and gateway. Units will be powered by nearest outlet at installation location. Wire molding may be used to conceal cabling and keep cosmetic appeal.
- Install (2) Air Access expander units to increase gateway signal.

Units will be powered by nearest outlet at installation location. Wire molding may be used to conceal cabling and keep cosmetic appeal.

Main Visitor Entrance
- Remove current Trilogy trim and install networked Air Access narrow exit trim.

Interior Side Truck Bay Entrance
- Install Air Access PDL lever device, key up cylinders as requested, and program.

Rear Truck Bay Entrance
- Install Air Access PDL lever device, key up cylinders as requested, and program.

Front Truck Bay Entrance
- Install Air Access PDL lever device, key up cylinders as requested, and program.

Gate Side Entrance
- Remove current keypad and install new Camden Weigand
keypad/reader unit.
- Install NetworX panel and flash to Air Access firmware.

1.00 $4,240.00 $4,240.00
Economy Lock & Key Inc.
2600 Mendocino Avenue Ste C,
Santa Rosa, CA 95403 USA
707-579-3183
License #1078048

BILL TO

CITY OF SAINT HELENA
ATTN: ACCOUNTS PAYABLE 1480 MAIN STREET
ST HELENA, CA 94574 United States
Estimate #42282951 Page 1 of 2
Agenda Item #10.6.

ALARM LOCK

AIR ACCESS

GSM/LTE

ALARM LOCK AIR ACCESS ANNUAL CELLULAR AND CLOUD ACCOUNT

SERVICE CHARGE

1.00 $600.00 $600.00
Materials

M AT E R I A L D E S C R I P T I O N Q UA N T I T Y
YO U R

P R I C E
YO U R
TOTA L
AA-KIT1A ALARM LOCK AIR ACCESS GSM/LTE RADIO AND GATEWAY KIT 1.00 $650.00 $650.00 ALIME2EXP TRILOGY NETWORX EXPANDER 2ND GENERATION. 2.00 $320.00 $640.00

NETPDKPAK TRILOGY NETWORX PANEL WITH TRANSFORMER AND BATTERY ONLY

1.00 $750.00 $750.00
PDL6200 TRILOGY NETWORX CYLINDRICAL LEVER LOCK WITH REQUESTTO-EXIT, DOOR POSITION SWITCH, READER AND KEYPAD DEVICE. SATIN CHROME FINISH

3.00 $2,095.00 $6,285.00
PDL1300NWET TRILOGY NETWORX NARROW EXIT DEVICE TRIM WITH READER AND KEYPAD DEVICE. SATIN CHROME FINISH ETNW

1.00 $1,425.00 $1,425.00
CV-550SPKV3 CAMDEN MULTI-FACTOR KEYPAD AND PROX STANDALONE OR

WIEGAND INTERFACE DEVICE

1.00 $295.00 $295.00

MISC WIRE
AND

CONNECTORS

MISC CABLING, WIRE MOLDING, CONNECTORS, MISC

INSTALLATION HARDWARE

1.00 $95.00 $95.00
SUB-TOTAL $14,980.00
SONOMA COUNTY 10% $1,014.00
TOTAL $15,994.00
Thank you for choosing Economy Lock & Key Inc.

CUSTOMER AUTHORIZATION
THIS IS AN ESTIMATE, NOT A CONTRACT FOR SERVICES. The summary above is furnished by Economy Lock & Key Inc. as a good faith estimate of work to be performed at the location described above and is based on our evaluation and does not include material price increases or additional labor and materials which may be required should unforeseen problems arise after the work has started. I understand that the final cost of the work may differ from the estimate, perhaps materially. THIS IS NOT A GUARANTEE OF THE FINAL PRICE OF WORK TO BE PERFORMED. I agree and authorize the work as summarized on these estimated terms, and I agree to pay the full amount for all work performed.

Sign here Date
Estimate #42282951 Page 2 of 2
Agenda Item #10.6.

Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Planning
DATE: June 10, 2025
FROM: Maya DeRosa, Community Development Director
SUBJECT: Consideration and adoption of a resolution authorizing amendment #3 to Professional Services Agreement with
Kosmont STH Contract 2023-050 for Real Estate Advisory
Services for an additional $75,000 for a contract amount not to exceed $200,000.

RECOMMENDED
ACTION:

Staff recommends the City Council adopt the attached
resolution.

PREVIOUS COUNCIL
ACTION:

On December 10, 2024, the City Council approved PSA
Amendment #2 for $50,000.

STATEMENT OF THE
PURPOSE:

To amend the existing Professional Services Agreement
with Kosmont Companies to increase funding by $75,000
allowing professional consulting support in real property negotiations related to the sale of surplus properties and other real estate advisory services.

FINANCIAL IMPACT: The Financial Impact of the PSA amendment is $75,000, bringing the total contract amount not to exceed $200,000.

This will be funded using previously authorized General Fund monies budgeted under account 101-41-00-21-45.

BACKGROUND:

On May 11, 2023 the City entered into a PSA with Kosmont Companies (Attachment B) for real estate strategies and asset management advisory services for a not to exceed cost of $25,000. The original scope of services included the following:
• Provide support to the City with the Surplus Land Act (SLA) process • Assist with preparation of RFQ/P for selected sites
• Conduct community engagement
• Provide support at City Council meeting(s) related to real estate advice The City began the SLA process with Kosmont but due to the time intensive nature of this process, the City needed to augment the contract for $50,000 in September 2023 which the City Council approved as PSA #1. The City completed the time intensive SLA process including the RFQ process but expended the budget which resulted in PSA Amendment #2 for an additional $50,000. The City now desires to enter into PSA Amendment #3 as described in more detail below.

Agenda Item #10.7.

DISCUSSION:

The Scope of Services included in this PSA amendment is outlined in Attachment C and is also summarized below:

Tasks:

1. Kosmont will assist City in evaluating preferred developer, project shaping and providing assistance on exclusive negotiations and initial development agreement terms for a hotel on Main St. and residential on Railroad Ave. properties.

2. Kosmont will provide initial project shaping and hotel/residential negotiation assistance with Mr. Castellucci, owner of the Bank of America site.

3. Kosmont will provide market, financial, regulatory and fiscal / community benefit analysis on various projects as needed.

4. Kosmont will prepare cost/benefit analysis of various economic development tools and funding options, such as Tax Increment / Enhanced Infrastructure Financing Districts, Public Private Partnerships, site specific tax revenue sharing, as appropriate.

5. Kosmont will participate in City staff and Council meetings as agreed upon between City and Consultant.

6. Kosmont will also perform real estate and economic development advisory services as mutually agreed upon between the City and Consultant.

Kosmont's assistance with the sale and redevelopment of city owned properties is a critical task in the months ahead as the City looks for new sources of revenue.

ENVIRONMENTAL REVIEW: Not a CEQA project.

GOAL:

Goal 1: Strengthen Financial Sustainability
Goal 5: Enhance Quality of Life
Miscellaneous/Other
DOCUMENTS ATTACHMENTS:

Attachment 1 Resolution Kosmont PSA Amendment
Attachment 2 Kosmont PSA Amendment 3
Attachment 3 Executed STH Contract FY2023-05-02A - Kosmont - Real Estate Advisory
Agenda Item #10.7.

CITY OF ST. HELENA
RESOLUTION NO 2025-
AMENDMENT #3 FOR PROFESSIONAL SERVICES AGREEMENT WITH KOSMONT COMPANIES

FOR ADDITIONAL TASKS RELATED TO REAL ESTATE STRATEGIES AND ASSET MANAGEMENT ADVISORY SERVICES FOR AN ADDITIONAL $75,000 FOR A TOTAL NOT-TOEXCEED CONTRACT AMOUNT OF $200,000.

RECITALS
A. On May 11, 2023 the city entered into an agreement with Kosmont Companies for real estate strategies and asset management advisory services for a not to exceed cost of $25,000; and B. Kosmont Companies has assisted the City with the completion of the Surplus Lands Act (SLA) process for two city owned properties and is currently assisting the City to complete the RFQ process in order to select a qualified developer to purchase the assets; and C. The City has completed key milestones as part of the SLA process yet expended the budget from PSA amendments #1 and #2 and in order to have Kosmont Companies continue as an advisor to assist in real property negotiations to maximize the revenue potential to the City, a budget amendment is necessary; and
D. The City also needs continued assistance with development of real estate strategies and asset management advisory services including economic development tools and potential public private partnership / transaction analysis, negotiation assistance and community benefits, so that the Council and the Community can make the best decision regarding future city properties and uses; and
E. The City of St. Helena and Kosmont Companies now desire to amend the Agreement for an additional $75,000 for a total not-to-exceed contract amount of $200,000 and add additional scope of services.

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

1. The City Council hereby authorizes the City Manager to execute Amendment No. 3 to STH Contract FY2023-050 with Kosmont Companies in the amount of $75,000 for a total contract amount not-to-exceed $200,000.

2. Funding is as follows:

Description Fund GL Account Amount
Funds Available in
FY 2025-26
Operating Budget
General Fund 101-41-00-21-45 75,000
Total 75,000
Agenda Item #10.7.

Approved at a Regular Meeting of the St. Helena City Council on June 10, 2025, by the following vote:

Mayor Dohring: __________
Vice Mayor Deasy: __________
Councilmember Summers: __________
Councilmember Barak: __________
Councilmember Spadarotto: __________
APPROVED: ATTEST:
__________________________ __________________________
Paul Jamison Dohring, Mayor Erika Opp, Deputy City Clerk Agenda Item #10.7.

3rd Amendment to Professional Services Agreement
Consultant: Kosmont Companies
AMENDMENT #3
TO PROFESSIONAL SERVICES AGREEMENT WITH KOSMONT COMPANIES; STH CONTRACT NO: 2023-050 FOR REAL ESTATE ADVISORY SERVICES FOR AN ADDITIONAL $75,000 FOR A TOTAL NOT TO EXCEED AMOUNT OF $200,000
This Third Amendment to Professional Services Agreement STH Contract: 2023-050 dated May 11, 2023 ("Agreement") is made as of this 10th day of June, 2025 by and between the City of St.

Helena, a municipal corporation ("City"), and Kosmont Companies. ("Consultant").

RECITALS
A. On May 11, 2023 the city entered into an agreement with Kosmont Companies for real estate strategies and asset management advisory services for a not to exceed cost of $25,000; and
B. Kosmont Companies has assisted the City with the completion of the Surplus Lands Act (SLA) process for two city owned properties and is currently assisting the City to complete the RFQ process in order to select a qualified developer to purchase the assets; and
C. The City has completed key milestones as part of the SLA process yet expended the budget from PSA amendments #1 and #2 and in order to have Kosmont Companies continue as an advisor to assist in real property negotiations to maximize the revenue potential to the City, a budget amendment is necessary; and D. The City also needs continued assistance with development of real estate strategies and asset management advisory services including economic development tools and potential public private partnership / transaction analysis, negotiation assistance and community benefits, so that the Council and the Community can make the best decision regarding future city properties and uses; and E. The City of St. Helena and Kosmont now desire to amend the Agreement for an additional $75,000 and add additional scope of services.(Exhibit A-1)

AGREEMENT
NOW, THEREFORE, in consideration of the promises and of the mutual covenants and agreements herein contained, for good and valuable consideration, the adequacy of which is hereby acknowledged, the parties agree to amend the Agreement as follows:

1. Section 4A. Compensation and Method of Payment, is amended to read as follows:
“Total compensation shall not exceed $200,000…”

2. Scope of Services. The Scope of Services attached to the Agreement as Exhibit A, is amended to include the additional scope of services attached to this Amendment as Exhibit A-1.

All other terms of the Agreement shall remain in full force and effect.

Agenda Item #10.7.

3rd Amendment to Professional Services Agreement
Consultant: Kosmont Companies
Entered as of the day and year first above stated.

CONSULTANT:

Signatures of Authorized Persons:

By: _____________________________

Print Name: Ken K. Hira_____________
Title: _President___________________
CITY OF ST. HELENA
a Municipal Corporation
By:_________________________________
Print Name: Anil Comelo
Title: City Manager
APPROVED AS TO FORM:
____________________________
Ethan Walsh, City Attorney
ATTEST:
____________________________
City Clerk
Attachments:

Exhibit A-1, “ Scope of Services”
Agenda Item #10.7.

3rd Amendment to Professional Services Agreement
Consultant: Kosmont Companies
EXHIBIT A-1 – SCOPE OF SERVICES & COMPENSATION
1) Kosmont will assist City in evaluating preferred developer, project shaping and providing assistance on exclusive negotiations and initial development agreement terms for a hotel on Main St. and residential on Railroad Ave. properties.
2) Kosmont will provide initial project shaping and hotel/residential negotiation assistance with Mr. Castellucci, owner of the Bank of America site. 3) Kosmont will provide market, financial, regulatory and fiscal / community benefit analysis on various projects as needed.
4) Kosmont will prepare cost/benefit analysis of various economic development tools and funding options, such as Tax Increment / Enhanced Infrastructure Financing Districts, Public Private Partnerships, site specific tax revenue sharing, as appropriate. 5) Kosmont will participate in City staff and Council meetings as agreed upon between City and Consultant.
6) Kosmont will also perform real estate and economic development advisory services as mutually agreed upon between the City and Consultant.

Because Tasks 1 through 6 are part of fluid projects, processes and market conditions, compensation is only estimated at $75,000 for professional services (hourly) fees at Consultant’s billing rates, as set forth below. Estimated budget for work related to the Main St. and Railroad Ave. properties is $37,500 of the $75,000 budget and is generally associated with Tasks 1, 3, 4 and 5; Kosmont can separately track time related these specific Tasks and properties for accounting and development reimbursement purposes. Future increases in budget will require approval by Client in advance. Budget may be increased by Client at any time.

Agenda Item #10.7.

City of St. Helena
Continued Advisory Work Plan
April 21, 2025
Kosmont Companies 4 | P a g e
(424) 297-1070
www.kosmont.com

ATTACHMENT A
Kosmont Companies
2025 Public Agency Fee Schedule
Professional Services
President $425.00/hour
Senior Vice President/Senior Advisor $395.00/hour
Vice President $295.00/hour
Senior Project Analyst $205.00/hour
Project Analyst/Project Research $195.00/hour
Assistant Project Analyst/Assistant Project Manager $165.00/hour Project Promotion/Graphics/GIS Mapping Services $ 95.00/hour Clerical Support $ 70.00/hour
 Additional Expenses
In addition to professional services (labor fees):
1) An administrative fee for in-house copy, fax, phone, postage costs, digital/technological support and related administrative expenses will be charged, which will be computed at four percent (4.0 %) of monthly Kosmont Companies professional service fees incurred; plus
2) Out-of-pocket expenditures, such as travel and mileage, professional printing, and delivery charges for messenger and overnight packages will be charged at cost. 3) Project/Market data sources for support of evaluation and analysis e.g., ESRI, CoStar/STR, IMPLAN and other based on quoted project cost. 4) If Kosmont retains Third Party Vendor for cost estimating, (with Client’s advance approval), fees and cost will be billed to Client at 1.1X (times) fees and costs. 5) Consultant’s attendance or participation at any public meeting, whether such participation is in person, digital, video and/or telephonic (e.g., City Council, Planning Commission, Public Agency Board, other) requested by Client and are beyond those specifically identified in the Scope of Work will be billed at the professional services (hourly) fees as shown on this Attachment A.
 Charges for Court/Deposition/Expert Witness-Related Appearances Court-related (non-preparation) activities, such as court appearances, depositions, mediation, arbitration, dispute resolution and other expert witness activities, will be charged at a court rate of 1.5 times scheduled rates, with a 4-hour minimum.

Rates shall remain in effect until December 31, 2025.

Agenda Item #10.7.

Agenda Item #10.7.

Agenda Item #10.7.

Agenda Item #10.7.

Agenda Item #10.7.

Agenda Item #10.7.

Agenda Report to the City Council
Agenda Section: PUBLIC HEARINGS
Department: Planning
DATE: June 10, 2025
FROM: Jackie Oneal, Senior Planner
SUBJECT: Appeal (APP25-002) filed by Caroline Hernandez of Outstanding in the Field and Jorge Hernandez, Property
Owner, to uphold the May 20, 2025 approval of the
application for a Temporary Use Permit (TUP25-005) in
order to allow for the private Andrea Bocelli dinner and entertainment event to be held the Monte Olivos estate, located at 2500 Spring Mountain Road, St. Helena, within the Twenty-Acre Agriculture zoning district with a
maximum attendance of 600 persons and to be held on
June 20, 2025.

RECOMMENDED
ACTION:

It is recommended that the City Council:

1. Determine that the project is exempt from the
requirements of CEQA pursuant to CEQA
Guidelines Section 15304(e); and

2. Approve a resolution upholding the Planning
Commission’s approval of TUP25-005 in order to
allow the Andrea Bocelli dinner and entertainment
event with up to 600 guests on the Monte Olivos
estate located at 2500 Spring Mountain Road.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
PURPOSE:

To hold an appeal hearing regarding the TUP approval by the Planning Commission on May 20, 2025 in order to
uphold the applicant's right to conduct the Andrea Bocelli dinner and entertainment event at the Monte Olivos
Estate, 2500 Spring Mountain Road, on June 20, 2025.

FINANCIAL IMPACT: This request is for an ancillary event to be held in conjunction with the Weekend in Napa Valley event. The
proposed events are anticipated to draw thousands of
visitors into the Napa Valley. A specific economic impact report has not been generated for economic spending
estimates for St. Helena, but countywide, the economic
impact is anticipated to be between $18 million and $25 million. A number of local St. Helena hotels are hosting guests for this event. The influx of tourists will likely boost revenues of local serving businesses as well.

Agenda Item #11.1.

BACKGROUND:

On April 8, 2025, Caroline Hernandez submitted an application requesting approval of a Temporary Use Permit to allow for a private, ticketed, Andrea Bocelli dinner event to be held the Monte Olivos estate, located at 2500 Spring Mountain Road, St. Helena, within the Twenty-Acre Agriculture zoning district to be held on June 20, 2025, with a maximum attendance of 600 persons.

The Planning Commission considered the applicant’s request at a meeting held on May 20, 2025, and approved the application 4-0. (See Attachment 2. Planning Commission Staff Report). At that meeting, concerns were expressed by adjacent residents on Spring Mountain Road and the day following the approval, one of the residents contacted the City regarding the process to file an appeal. Per SHMC 17.12, the procedures for appeals requires a 14-day waiting period before the deciding body's decision is final. If an appeal is filed, it must be heard at a regularly scheduled meeting of the City Council. Due to the constrained timing between the Planning Commission's approval and the date of the event, there would not be a feasible way for an appeal hearing to be held prior to the scheduled events. Therefore, if an appeal was filed towards the end of the 14-day appeal period, the granted approval would be suspended until a decision was rendered at the next regularly held City Council meeting, causing the event to be cancelled.

Given that the approved event generated opposition in the form of written public comment to the planning commission and city council, and the high likelihood of an appeal being filed which could cause the event to be cancelled, the applicant has chosen to preemptively file for an appeal to ensure that the City Council has an opportunity to review the application, hear from all interested parties, and make a final decision regarding the request to hold the entertainment event June 20, 2025.

DISCUSSION:

APPELLANT’S GROUNDS FOR APPEAL
On May 22, 2025, the appellant filed an appeal application setting forth the basis for requesting that the City Council uphold the Planning Commission's approval of the TUP on May 20, 2025 (Attachment 3. Appeal Application). As described in the Background section of this staff report, this appeal has been filed in order to preserve the applicant's right to an appeal hearing in order to get a final decision on the issuance of the requested TUP for the Andrea Bocelli dinner and entertainment event to be held at the Monte Olivos Estate at 2500 Spring Mountain Road.

The details of the proposed event are outlined in the attached Planning Commission Staff Report. The approved Conditions of Approval have been integrated into the attached resolution.

Agenda Item #11.1.

PUBLIC COMMENTS AND CONCERN
At the May 20, 2025 Planning Commission meeting, several neighbors spoke in objection of the proposed project, primarily citing concerns related to safety, noise, and potential issues related to ingress and egress. Written public comments submitted to the Planning Commission are attached for the Council's review (See Attachment 4. Written Public Comment).

ENVIRONMENTAL REVIEW:

The project is exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15304(e), which exempts the minor temporary use of land having negligible or no permanent effects on the environment.

GOAL:

Miscellaneous/Other
DOCUMENTS ATTACHMENTS:

Attachment 1. Draft City Council Resolution and Conditions of Approval Attachment 2. Planning Commission Staff Report, 5/20/2025 Attachment 3. Appeal Application
Attachment 4. Written Public Comments
Attachment 5. Updated Written Project Statement
Attachment 6. Updated Traffic Management Plan
Agenda Item #11.1.

2500 Spring Mountain Road
Appeal 25-002
Resolution / Conditions of Approval
June 10, 2025
CITY OF ST. HELENA
RESOLUTION NO.________
RESOLUTION OF THE CITY OF ST. HELENA CITY COUNCIL UPHOLDING THE

PLANNING COMMISSION DECISION TO APPROVE A TEMPORARY USE PERMIT AT 2500 SPRING MOUNTAIN RD (APP25-002) THEREBY APPROVING THE PROJECT PROPERTY OWNER: Jorge Hernandez et al. Trust APN: 009-131-044 Recitals

1. The applicant submitted an application on April 8, 2025 requesting approval of a resolution granting a Temporary Use Permit (TUP) in order to allow for a private, ticketed, Andrea Bocelli dinner event to be held the Monte Olivos estate, located at 2500 Spring Mountain Road, St. Helena, within the Twenty-Acre Agriculture zoning district to be held on June 20, 2025, with a maximum attendance of 600 persons;

2. The Planning Commission of the City of St. Helena, State of California, considered the project, staff report, and all testimony at a duly noticed public hearing on May 20, 2025 where the TUP was approved 4-0;

3. On May 22, 2025, the appellants filed an appeal to uphold the Planning Commission’s approval in accordance with St. Helena Municipal Code (SHMC) Section 17.12; and

4. A public notice was published in the Press Democrat and mailed to residents and occupants within 300 feet of the project site in compliance with State and local law; and

5. The City Council considered the appellant’s appeal at a duly noticed public hearing on June 10, 2025, and considered the TUP application in its entirety. The City Council, after reviewing materials provided from the Planning Commission public hearing, as well as considering the staff report and record of the proceedings before the City Council, the written evidence submitted for the Council public hearing, and the testimony and other evidence submitted at the Council public hearing, voted to uphold the Planning Commission’s approval of the TUP thereby approving TUP25- 005 for the property located at 2500 Spring Mountain Road.

Resolution
Now, therefore, the City of St. Helena City Council resolves as follows, based on substantial evidence in the record:

A. The foregoing recitals are true and correct and are incorporated by reference into this action.

Agenda Item #11.1.

2500 Spring Mountain Road
Appeal 25-002
Resolution / Conditions of Approval
June 10, 2025
B. To uphold the Planning Commission’s approval of a Temporary Use Permit to allow for the Andrea Bocelli dinner and entertainment event on the property located at 2500 Spring Mountain Road in the Twenty-Acre Agriculture zoning district.

C. The City Council hereby finds that the project is exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15304(e), which exempts the minor temporary use of land having negligible or no permanent effects on the environment.

D. In accordance with SHMC Section 17.05.110, the City Council makes the following Temporary use Permit findings to support the motion to approve the request:

1. The temporary activity complies with applicable standards identified in Section 17.22.250, Temporary uses in that the event is held on a site with active agricultural use and the duration of the event is within the prescribed time-limit standards; and

2. Maintenance or operation of the temporary activity would not be detrimental to the public health, safety, or welfare of persons residing or working in the neighborhood of the proposed temporary activity in that the applicant has provided sufficient documentation that demonstrates that the event has adequate safety and welfare protocols in place including a traffic management plan and will have medical and security staff on site. Further, the City of St. Helena Police, Fire, Public Works, and Building Departments have reviewed the application materials and have provided Conditions of Approval as needed.

Planning Department Conditions of Approval
E. In approving the appeal, the City Council approves a Temporary Use Permit for the above-described project with the following conditions of approval. The conditions noted below are particularly pertinent to this permit and shall not be construed to permit violation of other laws and policies not so listed.

1. The project shall be in conformance with all city ordinances, rules, regulations and policies in effect at the time of issuance including, without limitation, the applicant shall demonstrate in the field to the satisfaction of the City and the City’s Fire and Police departments, that the applicant can implement an adequate emergency wildfire and evacuation response.

2. Operations shall be in compliance with application materials, site plan, and the written project statement submitted and reviewed by the Planning Commission on May 20, 2025, except as modified herein. This approval is limited to and must be consistent with those activities described in the submitted Written Statement which outlines the details of the event operations.

3. The applicant is responsible for ensuring compliance with the Traffic Management Plan and all agreed upon off-site parking and circulation arrangements. There shall Agenda Item #11.1.

2500 Spring Mountain Road
Appeal 25-002
Resolution / Conditions of Approval
June 10, 2025
be no guest/patron parking onsite and all guests are to arrive and depart via shuttles departing from Charles Krug Winery.

4. This permit is valid for a single-day event to take place on June 20, 2025, to be held from the hours of 4:30 p.m. to 10:00 p.m., with a maximum of 600 guests. All guests must be off site by 11 p.m.

5. Staff and vendors are permitted on-site from Wednesday June 18, 2025, to Sunday June 22, 2025, as specified in the written statement. Should the event need to be rescheduled, it is the applicant’s responsibility to formally request a modification of this approval in writing to be considered by the Planning Commission.

6. Live entertainment must conclude by 9:30 p.m. Ambient music not to exceed the 35 dBA is permitted from 9:30 p.m. to 10:00 p.m. The applicant must utilize on-site decibel monitoring during the event to ensure that the sound levels are within the ranges as indicated in the submitted Noise Study.

7. The City reserves the right to request a day-of inspection to verify that all the required components are implemented as outlined in this approval. The City reserves the right to cancel or reschedule the event if it determines the event presents a current, unacceptable public safety risk or due to an act of God.

8. The applicant must notify the immediate neighbors regarding the details of the upcoming event (staff will provide a list of addresses) on their own letterhead. The envelope must be postmarked no later than June 11th. Details shall include the date, time, and duration of the event as well as notes regarding any potential disturbances (traffic, noise, etc.) and include the non-emergency police department number for reference. The notice must be consistent with the conditions of approval as set forth in this resolution. A draft of the notice shall be reviewed by staff prior to mailing to the identified residents.

9. If any commercial vendors are involved in the event, they must secure a business license from the finance department pursuant to SMC Title 5, Business Licenses and Regulations.

10.A license from the California Department of Alcoholic Beverage Control (ABC) must be obtained to serve alcohol at the event. The applicant is required to submit evidence that the appropriate licenses have been obtained no later than one week prior to the approved event.

11.All food vendors/caterers must acquire the necessary permits from the Napa County Department of Environmental Health. The applicant is required to submit evidence that the appropriate permits have been obtained no later than one week prior to the approved event.

Agenda Item #11.1.

2500 Spring Mountain Road
Appeal 25-002
Resolution / Conditions of Approval
June 10, 2025

12.Each site occupied by a temporary activity shall be cleaned of debris, litter, or any other evidence of the temporary activity upon completion or removal of the activity and shall thereafter be used in compliance with the provisions of this zoning code.

13.Extensions of Temporary Use Permits Prohibited. The term of a temporary use permit may not be extended. Applicants for activities that would exceed the allowed terms identified in Section 17.22.250(D) shall file for a conditional use permit, rather than a temporary use permit, in compliance with Section 17.05.020, Conditional use permit (CUP), and all other applicable zoning standards.

14.Required Lapse of Time for Temporary Use Permits. Except for seasonal sales lots, a minimum of thirty (30) days shall pass between the expiration of a temporary use permit and the issuance of a new and similar temporary use permit for the same property, or the actual removal of the materials and structures associated with the former activity, whichever last occurs.

15.This discretionary approval takes effect the day following the expiration of the appeal period if no appeal is filed or the day following the denial of an appeal.

16.Compliance with all permit conditions shall occur in accordance with specific regulations but in all cases no later than the initiation of use unless another time is set by law or by this approval. Occupancy or final inspection of a project may be withheld if all conditions, including payment of fees for services rendered by the City, are not met.

17.In any action or proceeding to attack, challenge, invalidate, set aside, void or annul the City’s approval of applicant’s Project, in whole or in part, applicant shall defend, at its own expense and without any cost to the City, and with counsel acceptable to the City, and shall fully and completely indemnify and hold the City, its agents, officers, and employees harmless from and against any and all claims, causes of action, damages, costs, attorney’s fees and liability of any kind, so long as the City reasonably promptly notifies the applicant of any such claim, action, or proceedings and the City cooperates fully in the defense of the action or proceedings.

18.Provided they are in general compliance with this approval, minor modifications may be approved by the Community Development Director.

19.The only permitted temporary signage is that as shown on the Traffic Management Egress Plan. All temporary signage must be removed at the conclusion of the event.

20.Any qualifying violation of the conditions of approval, the city’s Municipal Code, or any law which results from any activities on the subject property may result in revocation of this temporary use permit in compliance with city authorities.

21.The Noise Permit issued by the City may be revoked should there be complaints received regarding the noise generated.

22.Within three weeks following the conclusion of the event, the applicant shall solicit feedback from the neighbors by sending a mailer/survey to the immediate Agenda Item #11.1.

2500 Spring Mountain Road
Appeal 25-002
Resolution / Conditions of Approval
June 10, 2025
neighbors (staff will provide a list of addresses) and submit a complete a report detailing the outcome of the event operations which includes the feedback from the neighbors. The report shall be submitted to the Community Development Director.

23.The applicant shall obtain Commercial General Liability insurance for the event or provide proof that applicant’s regular Commercial General Liability Insurance covers the event. In either case, such insurance shall provide for at least $5,000,000 of coverage in the aggregate, at least $$2,000,000 per claim, and shall list the City as an additional insured. Proof of such coverage shall be provided to the City in the form of a certificate of insurance and an endorsement listing the City as an additional insured no less than fifteen (15) calendar days prior to the event.

Public Works Department Conditions of Approval

24. If any work occurs within the public right-of-way, an Encroachment Permit is required. Encroachment Permits will not be issued prior to the approval of the Improvement Plans.

25.All streets, curbs, gutters, sidewalks, or other public facilities damaged in association with this Project shall be the responsibility of the Applicant and shall be repaired to the satisfaction of the City at the Applicant's expense.

Building Department Conditions of Approval

26.A building permit is required for the temporary stage and associated lighting scaffolding/towers. Please submit a building permit application, site plan, engineered plans/calculations for temporary stage and lighting towers designed in accordance with 1609 California Building Code. Permit application and required plans must be submitted by June 9, 2025, to assure sufficient review timeline. A site inspection will be required after installation of the temporary stage and lighting, prior to the event. Plan review fees are due at the time of submittal.

27.Tents, including pop-up tents, that are larger than 120 square feet require a tent permit (See 3103.1.2, California Building Code). Tent permit application and required plans must be submitted by June 9, 2025, to assure sufficient review timeline. A site inspection will be required after installation of the tents, prior to the event. Plan review fees are due at the time of submittal.

Fire Department Conditions of Approval

28. Any future plans submitted for building permit shall exhibit compliance with the current St. Helena Fire Code, as adopted and codified in St. Helena Municipal Code Chapter 15.36.

29.No cooking or open flames are permitted under tented areas.

30.Heat and fuel sources for cooking equipment must have a clearance of 6 feet from any combustible material including, but not limited to, vegetation, wooden fences/structures etc.

Agenda Item #11.1.

2500 Spring Mountain Road
Appeal 25-002
Resolution / Conditions of Approval
June 10, 2025

31.Provide a clear staging area for fire department vehicle access near any and all exits/entrances to the property.

32.Arrange for professional emergency medical care to be on site for the event. AMR ambulance or comparable service is acceptable.

33.Engine company shall inspect the staging areas and the Fire Inspector shall inspect the cooking sites after they have been setup, but before the event begins.

34.The applicant is required to reimburse the City for all Fire Department expenses associated with the event.

Police Department Conditions of Approval

35.The applicant is required to reimburse the City for all Law Enforcement expenses associated with the event.

I HEREBY CERTIFY that the foregoing appeal of the Planning Commission approval of TUP25-005 was duly and regularly upheld by the City Council of the City of St. Helena at a regular meeting on June 10, 2025, by the following roll call vote:

Mayor Paul Dohring:

Vice Mayor Michelle Deasy:

Council Member Aaron Barak:

Council Member Kate Spadarotto:

Council Member Billy Summers:

APPROVED: ATTEST:

Paul Dohring, Mayor Erika Opp, Deputy City Clerk
Agenda Item #11.1.

PLANNING COMMISSION REPORT
Planning Commission Meeting of May 20, 2025
FILE NUMBER: TUP25-005
SUBJECT: Request by Caroline Hernandez to approve a Temporary Use Permit for the private, ticketed, Andrea Bocelli dinner and entertainment event to be held the Monte Olivos estate, located at 2500 Spring Mountain Road, St. Helena, within the TwentyAcre Agriculture zoning district, to be held on June 20, 2025, with a maximum attendance of 600 persons.

PREPARED BY: Jackie Oneal, Senior Planner
REVIEWED BY: Maya DeRosa, Community Development Director APPROVED BY: Maya DeRosa, Community Development Director APPLICATION FILED:04/08/25 ACCEPTED AS COMPLETE:05/05/25 LOCATION OF PROPERTY: 2500 Spring Mountain Road
APN: 009-131-044
GENERAL PLAN/ZONING: Agriculture/Twenty-Acre Agriculture APPLICANT: Caroline Hernandez,
Outstanding in the Field
PHONE: 707-710-0039

BACKGROUND
On April 8, 2025, Caroline Hernandez submitted an application requesting approval of a Temporary Use Permit to allow for a private, ticketed, Andrea Bocelli dinner event to be held the Monte Olivos estate, located at 2500 Spring Mountain Road, St. Helena, within the Twenty-Acre Agriculture zoning district to be held on June 20, 2025, with a maximum attendance of 600 persons.

Agenda Item #11.1.

The St. Helena Municipal Code includes a provision (SHMC 17.22.250 (D)(1)) that allows the Community Development Director to refer a TUP application to the Planning Commission when there are factors such as events with attendance over 400 persons.

After learning about the proposed event featuring celebrity musician Andrea Bocelli and the high attendance projections, the Community Director advised the applicant that the request would be referred to the Planning Commission for consideration which is the subject of this staff report. In February 2025, Staff administratively approved one TUP for an unrelated, music and dinner event held on the site.

The project site is located in the north western portion of St. Helena with a portion of the site fronting along Main Street. Spring Mountain Road is located south of the site and access to the site is provided by Bieber Road, a private road that serves this site and other residences in the immediate vicinity. The property is developed with a singlefamily residence and associated accessory structures and an agricultural barn complex that was approved for use as a commercial agricultural olive oil press, processing, and storage facility in 2014. There is an olive grove on the site with the remaining undeveloped area containing wooded slopes around the perimeter Uses to the north (within the unincorporated portion of the County), west and south consist of large, agriculturally zoned parcels, some developed with estate homes and wineries. The Culinary Institute of America’s Greystone campus is located to the south and east of the site with agricultural uses located to the immediate east, on the west side of Main Street (SR 29).

PROJECT DESCRIPTION

OVERVIEW
Caroline Hernandez (Outstanding in the Field) has requested approval of a temporary use permit to host a one-day, ticketed event to consist of a seated dinner with live entertainment by Andrea Bocelli accompanied by classical instruments (piano, viola, violin, cello, and flute). The concert would be held on Friday, June 20, 2025 with expected attendance not to exceed 600 guests who would be on-site from 4:30 p.m. to 10 p.m. Live entertainment would end at 9:30 PM with light, ambient music to follow until the conclusion of the event. Staff and vendors would be on-site to set-up/breakdown from Wednesday, June 18, 2025 to Sunday June 22, 2025 from 10 a.m. to 5 p.m. each day, with the exception of the day of the event, when staff and vendors will be onsite from 8 a.m. to 12 a.m.

TRANSPORTATION
All guest arrivals and departures will be facilitated using small motor coaches operating between Charles Krug Winery and 2500 Spring Mountain. Guests will park at Charles Krug Winery, arriving via private vehicle or rideshare service. Charles Krug Winery has agreed to serve exclusively as the designated parking and transportation hub for the event.

Parking personnel will be deployed on-site at Charles Krug Winery to manage traffic flow, direct vehicles, and assist guests during arrival and departure. Guests will be Agenda Item #11.1.

transported on 13 mini-coach buses each with a capacity of 27-35 passengers.

Passengers will be transported in two waves beginning at 4:30 p.m. from the Charles Krug Winery to the event via Spring Mountain Road. On-site staff will coordinate traffic management to ensure smooth ingress and egress at the event as well as assist with local traffic. At the event's conclusion, motor coaches will return guests to Charles Krug Winery for pickup and departure with the final departure estimated at 10:00 pm.

No patron parking will be permitted at the 2500 Spring Mountain Road site. On-site parking will be limited and restricted to essential working personnel only.

KITCHENS & TENTING
The event will utilize pop up tents, but there will be no other tenting involved. Three kitchens will be stationed onsite, each utilizing propane and wood-fired cooking equipment, consisting of convection ovens, grills, fryers, griddles, and six-burner stove ovens. No heated cooking equipment will be used under the tenting. The Commission will note that the submitted written statement incorrectly states that tents under 400 square feet will not require a building permit. A Condition of Approval requires a building permit for any tent larger that 120 square feet.

RESTROOMS AND SANITATION
There will be three self-contained restroom trailers from United Site Services available onsite; one ten-stall public restroom trailer, one eight-stall ADA accessible public restroom trailer, and one four-stall staff-only restroom trailer.

STAGES
A temporary 40 ft. x 20 ft. stage will be erected along with two, approximately 22 foot tall scaffolds on each side of the stage which will be used to hold audio and lighting equipment. A Condition of Approval states that a building permit will be required for these temporary structures.

LIGHTING
Dining tables will be lit with string lights down the length of each table. These string lightings will be powered by power drops from generators. Guest pathways will be lit by eight foot tall pin spots connected to property’s grid power and battery-powered up lights. Shuttle drop-off areas will be lit by pin spots connected to property’s grid power.

Kitchens will be lit by both battery powered stand lights and rented lighting, connected to property’s grid power & power drops from generators. Two light towers connected to generators will be utilized for back of house and breakdown purposes.

SITE MODIFICATIONS
There will be no modifications to any existing buildings or any other permanent site modifications. Generators will be places on-site to supplement the existing power grid and temporary fencing will be anchored to the ground with sandbags.

Agenda Item #11.1.

SECURITY, FIRST AID, AND EMERGENCY PLAN
An on-site paramedic and ambulance will be present, managed by Rock Medicine. The medical services will be equipped with first aid supplies and basic life support, to respond to any medical needs during the event's duration. Additionally, security guards will be deployed to oversee guest safety, assist with crowd management, manage emergencies, and monitor the overall security of the event space. Weather conditions will be actively monitored through a professional meteorological service to ensure timely awareness of any developing hazards.

Event staff will be trained on emergency protocols and will communicate via radio or mobile phone to coordinate efficient and safe responses. Two points of ingress and egress will remain accessible to provide alternative access routes in the event of an emergency. In the event of inclement weather, guests will be directed to shelter in place. In the case of a need for evacuation, the motor coaches staged on-site during the event will be utilized for transportation.

ANALYSIS
CEQA
Staff has conducted the required analysis and concluded that the project is categorically exempt from the requirements of CEQA, pursuant to CEQA Guidelines Section 15304(e), which exempts the minor temporary use of land having negligible or no permanent effects on the environment.

St. Helena Municipal Code (SHMC) 17.05.110 establishes that the purpose of a Temporary Use Permit (TUP) is to provide procedures for short-term activities and uses on privately or publicly owned property with appropriate regulations so that such activities will be compatible with the surrounding areas. A TUP may only be approved after the the deciding body has made the following findings:

1. The temporary activity complies with applicable standards identified in Section

17.22.250, Temporary uses; and

2. Maintenance or operation of the temporary activity would not be detrimental to the public health, safety, or welfare of persons residing or working in the neighborhood of the proposed temporary activity.

Staff Response: SHMC Section 17.22.250(B) establishes that that short term activities listed in 17.22.250(D) may be allowed via application and approval of a Temporary Use Permit (TUP). Such temporary allowed activities include events such as food and outdoor entertainment events on nonresidential properties when such activities do not exceed fourteen consecutive days or six two-day weekends.

While there is an existing single-family residence on the property, the site maintains an active agricultural use and the nature of the one-day event meets the required Code Standards.

Agenda Item #11.1.

Staff finds that the documentation submitted by the applicant clearly demonstrates that the proposed event will not be detrimental to the public health, safety, or welfare of those persons residing or working in the vicinity of the site. The applicant has submitted a detailed ingress and egress plan, traffic management plan, and will have safety, medical, and security staff on-site. Further, the application materials have been reviewed and approved by St. Helena Police, Fire, Building, and Public Works departments.

St. Helena, California, prioritizes the protection of its rural and small-town character by managing environmental noise to preserve quality of life and public health. As outlined in the Public Health, Safety, and Noise Element of the General Plan, the city identifies key noise sources, sensitive land uses, and quantifiable standards to guide land use planning and noise mitigation efforts.

Given that the location of the event is within a zoning district that allows residential uses with known residences within a mile of the event location, staff required the applicant to submit a noise study to confirm that the proposal would not create disturbances to any sensitive receptors. The submitted study was prepared using the standard methodology for calculating outdoor sound propagation and has been peer-reviewed by a Board Certified Institute of Noise Control Engineer, Luke Saxelby. Figure 1 of the study indicated that approximately eight residences located approximately .25 to .50 miles from the event site may experience noise levels between 40-55 dBA during the duration of the event. As such, the applicants have obtained a Noise Permit from the St. Helena Police Departments. The Conditions of Approval for the Noise Permit include noticing nearby residents and on-site decibel monitoring and have been incorporated into the attached resolution. The study verifies that there will not be any perceptible disturbance to residences beyond .50 miles as the sound levels are expected to attenuate at 40 dBA or below at that distance.

ISSUES
Staff has not identified any outstanding issues related to this application that require additional discussion.

CORRESPONDENCE
At the time of agenda publication, staff had not received any correspondence related to this application.

STAFF RECOMMENDATION
For the reasons described above, staff recommends that the Planning Commission:

1. Determine that the project is exempt from the requirements of the California Environmental Quality Act pursuant to CEQA Guidelines Section 15304(e), which Agenda Item #11.1.

exempts the minor temporary use of land having negligible or no permanent effects on the environment.

2. Adopt the attached Resolution approving TUP25-005 to allow for the private, ticketed, Andrea Bocelli dinner and entertainment event to be held the Monte Olivos estate, located at 2500 Spring Mountain Road, St. Helena, within the Twenty-Acre Agriculture zoning district, to be held on June 20, 2025, with a maximum attendance of 600 persons, subject to the Conditions of Approval enumerated therein.

ATTACHMENTS
Attachment 1. Written Project Statement
Attachment 2. Aerial Site Plan
Attachment 3. Peer Reviewed Noise Study
Attachment 4. Traffic Management Plan
Attachment 5. Off-Site Parking Agreement (Krug)
Attachment 6. Traffic Management Egress Plan
Attachment 7. Monte Olivos Primary and Secondary Entrances and Exits Attachment 8. Proposed Fire Department Staging Areas
Attachment 9. Stage and Tent Aerial Site Plan
Attachment 10. Dinner Kitchen Layout
Attachment 11. Reception Kitchen Layout
Attachment 12. Planning Commission Draft Resolution
Agenda Item #11.1.

Written Statement

OVERVIEW
This event will take place at Monte Olivos (25000 Spring Mountain Rd) on Friday, June 20th 2025. The event will consist of a concert by Andrea Bocelli, occurring during a seated family style dinner served by Outstanding in the Field. We are expecting 600 guests, who will be onsite from 4:30pm-10:00pm. Entertainment to end at 9:30pm per permitting requirements, light ambient music to follow from 9:30pm-10:00pm.

TRANSPORTATION
All guest arrivals and departures will be facilitated using small motorcoaches operating between Charles Krug Winery and Monte Olivios. Guests will park at Charles Krug Winery, arriving via private vehicle or rideshare/livery service. Beginning at 4:30 PM, motorcoaches will transport guests from the winery to the event via Spring Mountain Road.

No patron parking will be permitted at Monte Olivos. Parking at Monte Olivos will be limited and restricted to essential working personnel only.

Charles Krug Winery will serve exclusively as the designated parking and transportation hub for the event. Parking personnel will be deployed on-site to manage traffic flow, direct vehicles, and assist guests during arrival and departure.

Staff will also be strategically stationed at Monte Olivos to coordinate the timely dispatch and arrival of coaches, ensuring smooth ingress and egress at the event site as well as assist with local traffic. Once all guests have been transported to Monte Olivios, motorcoaches will stage in preparation for return service.

After the event, shuttles will begin to return guests to Charles Krug Winery starting at 9:30pm.

Final departure estimated for 10:00 pm.

KITCHENS & TENTING
We will be using pop up tents, but there will be no other tenting involved. We will be building three kitchens onsite under the pop tents. The kitchens will utilize propane and wood-fired cooking equipment, consisting of convection ovens, grills, fryers, griddles, and 6-burner stove ovens. No heated cooking equipment will be used under the tenting.

MODIFICATIONS
There will be no modifications to any existing buildings.

There will be generators used onsite to supplement the existing power grid.

There will be some 6’ x 8’ redwood fencing segments to be used to mask back of house areas, but the segments will be anchored to the ground by sandbags. They will not be staked or semi-permanately installed.

Agenda Item #11.1.

STAR WAGON
There will be a “Star Wagon” on property, to be used by Andrea Bocelli and his family. This trailer will fully self-sufficient, with its own water.

RESTROOMS
There will be three restroom trailers from United Site Services (permitted in Napa County) available onsite:

1. 10 stall restroom trailer

2. 8 stall ADA restroom trailer

3. 4 stall restroom trailer (used for staff only)

LIGHTING
The dining tables will be lit with string lights down the length of each table. These string lightings will be powered by power drops from generators.

Guest pathways will be lit by 8’ height pin spots (connected to property’s grid power) and battery-powered uplights.

Shuttle drop off areas will be lit by pin spots (connected to property’s grid power).

Kitchens will be lit by both battery powered stand lights and rented lighting–high bay and clip on lights (connected to property’s grid power & power drops from generators).

Two light towers will be utilized for BOH / breakdown purposes (connected to generators).

Key Contacts for Inspection
Outstanding in the Field - food & beverage service
Planning & Permitting
Caroline Hernandez, Outstanding in the Field - 415-260-8979 Health & Fire Inspections
Seth Heitzenrater, Outstanding in the Field - 215-485-7738 100x Hospitality - entertainment & transportation
Andrew Clements - Producer 724.875.1522
Elliott Little - Technical Director 608.201.7337
Mike Medvin - Operations 215.237.6365
Randi Nall- Associate Producer 251.809.5293
David Nelson - Project Manager +52.984.186.6962
Agenda Item #11.1.

Set Up & Breakdown Plan
Wednesday, June 18th (10am-5pm)
Event rentals delivered
Restroom trailers delivered
Staging installed
Thursday, June 19th (10am-5pm)
All back of house areas assembled
Dining tables and chairs set up
Lighting installed
Friday, June 20th (8am-12am)
Final event set up
All vendors arrive for service
Event occurs from 4:30pm-10:00pm
Saturday, June 21st (10am-5pm)
Staging, lighting, and event rentals broken down and removed from property Sunday, June 22nd (10am-5pm)
Staging, lighting, and event rentals broken down and removed from property All vendors full off of property by end of day
Security, First Aid, & Emergency Plan
An on-site Emergency Medical Technician (EMT) will be present, equipped with first aid supplies and basic life support, to respond to any medical needs during the event's duration. Additionally, the appropriate number of security guards will be deployed to oversee guest safety, assist with crowd management, manage emergencies, and monitor the overall security of the event space.

Weather conditions will be actively monitored through a professional meteorological service to ensure timely awareness of any developing hazards.

Monte Olivos will maintain emergency access points on both sides of the property to provide alternative ingress and egress in the event of an emergency. Event staff will be trained on emergency protocols and will communicate via radio or mobile phone to coordinate an efficient and safe response.

Agenda Item #11.1.

Inclement Weather Plan
To ensure the safety and comfort of all attendees, weather conditions will be continuously monitored through a professional meteorological service. This allows the event team to respond quickly to any developing weather concerns.

In the event of inclement weather, guests and staff will be directed to shelter within the two large covered structures on-site. If additional shelter is required, motorcoaches will be available as backup protected spaces. These coaches will also be staged and ready to return patrons to Charles Krug Winery if early evacuation becomes necessary.

Tent Sizes
All tenting will be under 400sqft and thus will not require permitting.

Total Number of Staff & Vendors
Wednesday, June 18th (10am-5pm)
55 staff & vendors onsite throughout the course of the day Thursday, June 19th (10am-5pm)
53 staff & vendors onsite throughout the course of the day Friday, June 20th (8am-12am)
128 staff & vendors onsite throughout the course of the day Saturday, June 21st (10am-5pm)
55 staff & vendors onsite throughout the course of the day Sunday, June 22nd (10am-5pm)
20 staff & vendors onsite throughout the course of the day Agenda Item #11.1.

Agenda Item #11.1.

May 5, 2025

Jonathan Fordin
100x Hospitality
[email protected]
Subject: Acoustical Peer Review for the “A Dinner at Bocelli’s” Event – Monte Olivos, St.

Helena, California
Dear Mr. Fordin:

Saxelby Acoustics has reviewed the noise study prepared by RSC Audio Engineering LLC1 which has been
included here as Attachment 1. The following outlines the study and our review of the methods and conclusions.

The study uses the NoizCalc 4.0 module within SoundPLAN to calculate the noise emissions of the proposed concert event. Noise levels are mapped according to ISO 9316-2 which is the worldwide leading methodology for calculating and mapping outdoor sound propagation. The calculated operating level of up to 90-95 dBA at 120 feet from the sound source is reasonable for a concert of this size. We concur that a median level of around 90 dBA is a realistic for this type of event. The mapped noise levels for the project as shown on Figures 1 and 2 are in line with what we would expect to see for the assumed source levels. In our experience the levels predicted using SoundPLAN tend to be conservative for events of this nature, especially at distances beyond around 1,000 feet. We concur that sound levels at or below 40 dBA, beyond ½ mile are likely to become barely perceptible or inaudible.

We hope this peer review is helpful. Please don’t hesitate to contact me with any additional questions or comments.

Sincerely,
Saxelby Acoustics LLC
Luke Saxelby, INCE Bd. Cert.

Principal Consultant
Board Certified, Institute of Noise Control Engineering 1 Noise Study for A Dinner at Bocelli’s Monte Olivos Location. RSC Audio Engineering, LLC. May 1, 2025.

Agenda Item #11.1.

Attachment 1: Noise Study
Agenda Item #11.1.

The information in this document is intended solely for the designated recipient(s) and may contain confidential and/or privileged material. Unauthorized review, retransmission, dissemination, modification, copying, or any action taken based on this information by anyone other than the intended recipient is prohibited. RSC Audio Engineering, LLC 2025 Noise Study for A Dinner at Bocelli’s
Monte Olivos Location
Client: 100x Hospitality
Contact: Jonathan Fordin
Date: May 1, 2025
Created By: RSC Audio Engineering. LLC
Agenda Item #11.1.

Mount Olivos Noise Study
Page | 1
The information in this document is intended solely for the designated recipient(s) and may contain confidential and/or privileged material. Unauthorized review, retransmission, dissemination, modification, copying, or any action taken based on this information by anyone other than the intended recipient is prohibited. RSC Audio Engineering, LLC 2025 Contents
I. Introduction ............................................................................................................2 A. Event Information.................................................................................................2 B. Sound Source ......................................................................................................2 II. Definitions ..............................................................................................................2 III. Local Noise Overview...........................................................................................3 IV. Methodology........................................................................................................3 A. Software and Model .............................................................................................4 B. Sound Levels at Reference Position During Musical Event ......................................4 C. Speaker Manufacturer Consideration....................................................................4 D. Environmental Considerations..............................................................................4 V. Sound Level Predictions During the Musical Event.....................................................5 A. Noise Level - Nearest Receptors ...........................................................................5 B. Noise Level – 1 mile..............................................................................................6 VI. Conclusion..........................................................................................................6 VII. Appendix A. – Additional Noise Predictions ...........................................................8 Agenda Item #11.1.

Mount Olivos Noise Study
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The information in this document is intended solely for the designated recipient(s) and may contain confidential and/or privileged material. Unauthorized review, retransmission, dissemination, modification, copying, or any action taken based on this information by anyone other than the intended recipient is prohibited. RSC Audio Engineering, LLC 2025 I. Introduction
The primary objective of this noise study is to evaluate the potential noise levels at various receptors specifically the nearest receptors to the event site. Local authorities have requested a detailed prediction of sound levels at these receptors to ensure that the event complies with applicable noise ordinances and does not cause disruptions to the surrounding area. The study will focus on calculating predicted SPLs based on the sound source at a reference position located 120 feet from the performance area.

A. Event Information
Name Of Event: Dinner At Bocellis
Date: Friday June 20, 2025
Location: Monte Olivos – St. Helena, CA
Operation Hours: Saturday: 6PM-9:59PM (Hard Curfew)
Noise Source: 1 open-air outdoor stages – Broadband,
Instruments: Piano, 2 Violins, 1 Viola, 1 Cello, Vocalists Receptors: Adjacent neighbors
B. Sound Source
The sound source for the event will primarily consist of a small string quartet with sound amplification provided through a high-quality sound system. This study aims to predict and assess SPL produced by orchestral performance, specifically focusing on the potential impact of these sound levels on the nearby community.

II. Definitions
Decibel (dB): A unit measuring the intensity of sound. The decibel scale is logarithmic, meaning a 10 dB increase represents a tenfold increase in intensity.

A-Weighting (dBA): A frequency weighting that approximates the human ear's sensitivity to di_erent frequencies, commonly used in environmental noise assessments.

A-Weighted Equivalent Continuous Sound Level (LAeq): The average sound level over a specified period, accounting for varying noise levels.

Sound Pressure Level (SPL): The pressure variation, relative to a reference value, caused by a sound wave, typically measured in decibels.

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The information in this document is intended solely for the designated recipient(s) and may contain confidential and/or privileged material. Unauthorized review, retransmission, dissemination, modification, copying, or any action taken based on this information by anyone other than the intended recipient is prohibited. RSC Audio Engineering, LLC 2025 Front-Of-House (FOH) – Sound system control area and sound level reference point.

III. Local Noise Overview
Typical ambient noise levels in St. Helena, California particularly in areas with tra_ic or commercial activity, can raise the ambient noise floor above these limits. For example, tra_ic noise along major roads can range from 55 dBA to 70 dBA during peak hours, depending on the volume of vehicles. In more commercial or industrial zones, ambient noise levels can exceed 65 dBA due to the combined e_ect of vehicle tra_ic, equipment operation, and other sources of noise. Furthermore, common gardening equipment, such as lawn mowers, leaf blowers, and hedge trimmers, can significantly raise ambient noise levels, often exceeding 85 dBA, which may contribute to overall noise disturbance in residential areas, particularly when used for extended periods.

St. Helena, California, prioritizes the protection of its rural and small-town character by managing environmental noise to preserve quality of life and public health. As outlined in the Public Health, Safety, and Noise Element of the General Plan, the city identifies key noise sources, sensitive land uses, and quantifiable standards to guide land use planning and noise mitigation e_orts.

The City has established maximum allowable LAeq thresholds for intrusive noise across specific time periods. These standards are designed to protect the most sensitive receptors—primarily residential areas—and represent the maximum ambient levels considered acceptable to avoid adverse impacts on homes and other noise-sensitive land uses:
• Daytime (7:00 a.m. – 7:00 p.m.): 45 dBA LAeq
• Evening (7:00 p.m. – 10:00 p.m.): 40 dBA LAeq
• Nighttime (10:00 p.m. – 7:00 a.m.): 35 dBA LAeq
Any proposed project or activity producing noise above these levels at a noise-sensitive receptor is considered potentially significant and may require mitigation.

IV. Methodology
This noise study utilizes predictive modeling to assess the potential SPL at various receptors surrounding the outdoor orchestral music event. The methodology incorporates the following key components:

Agenda Item #11.1.

Mount Olivos Noise Study
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The information in this document is intended solely for the designated recipient(s) and may contain confidential and/or privileged material. Unauthorized review, retransmission, dissemination, modification, copying, or any action taken based on this information by anyone other than the intended recipient is prohibited. RSC Audio Engineering, LLC 2025 A. Software and Model
Software: NoizCalc 4.0 (SoundPLAN) a noise prediction software specifically designed for use with D&B Audiotechnik manufactured sound systems, was used to generate noise predictions for the event.

Model: The ISO 9316-2:1996 calculation model was employed to account for sound propagation, including environmental factors such as temperature and humidity. This model is recognized for its reliability in predicting outdoor sound levels and is widely used in environmental noise assessments.

B. Sound Levels at Reference Position During Musical Event SPL predictions were made based on measurements taken at a FOH position located 120 feet from the sound source. Two reference SPL values were generated:
• 95 dBA (Maximum prediction) – Should not exceed this maximum amount • 90 dBA (Medium prediction) – This is the average prediction amount The 90dBA prediction was conducted to provide a realistic representation of the event’s loudest expected sustained level while remaining consistent with modern sound engineering practices for open-air concerts. However, given that the event will feature a small orchestral group, overall sound levels are expected to be lower than those of amplified or large ensemble performances ensuring alignment with the City of St. Helena’s noise standards and minimizing the potential for exceedance at the nearest residential receptors. Based on the prediction conducted at 95 dBA, consistent sound levels at or above 95 dBA should be avoided. Predictions for this SPL can be found in Appendix A.

C. Speaker Manufacturer Consideration
Although a di_erent speaker manufacturer may be used for the actual event, the model was created using a comparable speaker driver size and output to ensure that the predictions remain accurate. The selected speaker model for the predictions has a similar output capacity and dispersion characteristics, ensuring that the sound levels predicted here are representative of the actual event's sound system performance.

D. Environmental Considerations
Historical data on temperature and humidity were incorporated into the predictions to simulate real-world conditions. These factors influence sound propagation and were factored into the ISO 9316-2:1996 calculations to provide accurate estimates of SPL at various receptor locations.

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The information in this document is intended solely for the designated recipient(s) and may contain confidential and/or privileged material. Unauthorized review, retransmission, dissemination, modification, copying, or any action taken based on this information by anyone other than the intended recipient is prohibited. RSC Audio Engineering, LLC 2025 V. Sound Level Predictions During the Musical Event
A. Noise Level - Nearest Receptors
Based on a maximum FOH SPL of 90 dBA, receptors located beyond ½ mile are predicted to experience sound pressure levels at or below 40 dBA, aligning with the City of St.

Helena’s evening LAeq threshold for intrusive noise. Because the event is scheduled to conclude by 10:00 p.m., all sound activity will cease before the City's more restrictive nighttime threshold of 35 dBA takes e_ect. The SPL levels represented in these figures, are based on the instrumental ensemble consisting of 1 Piano, 2 Violins, 1 Viola, 1 Cello and Vocalists.

Figure 1 – Noise Prediction at the nearest sensitive receptors @ source SPL of 90 dBA Source = Stage/Speakers, Reference = FOH (Sound Board measurements). Instruments Piano, 2 Violins, 1 Viola, 1 Cello, Vocalists Nearest Residential
Receptors
Source
Reference
1/4 mi.

Property Line
Agenda Item #11.1.

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The information in this document is intended solely for the designated recipient(s) and may contain confidential and/or privileged material. Unauthorized review, retransmission, dissemination, modification, copying, or any action taken based on this information by anyone other than the intended recipient is prohibited. RSC Audio Engineering, LLC 2025 B. Noise Level – 1 mile
Receptors located beyond ½ mile from the event site are expected to experience sound levels at or below 40 dBA. Noise propagating from the event is anticipated to become barely perceptible or inaudible beyond ½ mile, particularly in the more densely populated areas of the city. The below chart shows the anticipated levels of the 5 main instruments at the ¼ mile, ½ mile and 1 mile radius of the site.

Figure 2 - Noise Prediction at 1-mile @ source SPL 90 dBA Source = Stage/Speakers, Reference = FOH (Sound Board measurements). Instruments Piano, 2 Violins, 1 Viola, 1 Cello, Vocalists VI. Conclusion
Based on propagation modeling, sound levels are expected to attenuate to 40 dBA or below at distances of ½ mile or more from the source, aligning with the City of St. Helena’s 40 dBA Source
Reference
1 mi.
1/2 mi.
1/4 mi.

Nearest Residential
Receptors
Property Line
Agenda Item #11.1.

Mount Olivos Noise Study
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The information in this document is intended solely for the designated recipient(s) and may contain confidential and/or privileged material. Unauthorized review, retransmission, dissemination, modification, copying, or any action taken based on this information by anyone other than the intended recipient is prohibited. RSC Audio Engineering, LLC 2025 evening LAeq threshold for intrusive noise. As the event concludes by 10:00 p.m., it avoids overlapping with the City’s more restrictive 35 dBA nighttime standard.

Environmental conditions such as terrain and elevation di_erences were considered in the modeling. Some of the nearest residential receptors are located at higher elevations relative to the performance area, which may reduce natural ground attenuation and result in slightly elevated received levels. However, modeling suggests that even with these topographic factors, receptors beyond 1/2 mile remain within compliance. The predicted sound field is not expected to cause significant exceedance of local noise standards, and no additional mitigation is deemed necessary.

Agenda Item #11.1.

Mount Olivos Noise Study
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The information in this document is intended solely for the designated recipient(s) and may contain confidential and/or privileged material. Unauthorized review, retransmission, dissemination, modification, copying, or any action taken based on this information by anyone other than the intended recipient is prohibited. RSC Audio Engineering, LLC 2025 VII. Appendix A. – Additional Noise Predictions
Figure 3 – Nearest Receptors with Sound Source of 95 dBA Source = Stage/Speakers, Reference = FOH (Sound Board measurements). Instruments Piano, 2 Violins, 1 Viola, 1 Cello, Vocalists Nearest Residential
Receptors
1/4 mi.

Source
Reference
1/4 mi.

Property Line
Agenda Item #11.1.

Mount Olivos Noise Study
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The information in this document is intended solely for the designated recipient(s) and may contain confidential and/or privileged material. Unauthorized review, retransmission, dissemination, modification, copying, or any action taken based on this information by anyone other than the intended recipient is prohibited. RSC Audio Engineering, LLC 2025 Figure 4 – Noise Prediction at 1 mile – 95 dBA
Source = Stage/Speakers, Reference = FOH (Sound Board measurements). Instruments Piano, 2 Violins, 1 Viola, 1 Cello, Vocalists Source Reference
1/4 mi.
1/2 mi.
1 mi.

Agenda Item #11.1.

Dinner at Bocelli's
Transportation Management Plan (TMP)
Event Overview
Event Name: Dinner at Bocelli's
Date: Friday, June 20th
Time: 3:00 PM – 11:00 PM
Venue: Monte Olivios Estate, St. Helena, Napa County
Expected Attendance: 600 guests
Transportation Narrative
All guest arrivals and departures will be managed through Charles Krug Winery, which will serve as the central hub for parking and loading. At full capacity, approximately 600 guests will be transported to the off-site venue using 13 mini-coaches, each with a seating capacity of 27-35 passengers per wave. Parking availability at Krug exceeds 1000 spaces.

To minimize congestion and avoid two-way traffic conflicts, guests will be transported in two pre-assigned groups of 300 passengers. The first departure is tentatively scheduled for 4:30 PM, followed by a second departure at 5:00 PM. Coaches will follow a predetermined routing plan to ensure efficient ingress. Each mini-coach measures on average 25 feet by 7 feet, allowing for maneuverability along narrow access roads. If guests arrive late or outside of their scheduled departure time, one passenger van will be available to transport guests to Monte Olivios. All 13 buses will be staged at Monte Olivios after the 5:00 pm departure and will be available as needed.

We propose law enforcement deployment along Spring Valley Road from 3:00 PM to 11:15 PM to assist with traffic flow and event access control. In addition, we plan to deploy professional flaggers at both Spring Mountain Road and the entrance to Monte Olivios.

These traffic personnel will help manage the two-way flow and support staff and production arrivals, maintaining safety along the narrow access routes throughout the event. They will also be able to clear the road if needed in an emergency situation.

Upon arrival at Monte Olivios, buses will drop off passengers and stage within the property to await the return trip. Return transportation will be similarly organized into two groups, with scheduled departures at 9:30 PM and 10:00 PM. An ADA-compliant vehicle will be available for guests with special needs throughout the evening. Also, accommodations will be made for guests who leave early.

Agenda Item #11.1.

Traffic Management Personnel
Refer to Appendix A for the Monte Olivios TMP Egress Plan, which outlines road signage, traffic flow, and staging logistics.
- Proposed law enforcement deployment: Spring Valley Road, 3:00 PM – 11:15 PM - Flaggers:
- Spring Mountain Road (intersection control)
- Monte Olivios entrance (arrival coordination and safety) - Flaggers will mitigate traffic impacts for residents and maintain clear access for emergency response vehicles.
- All flaggers will utilize two-way radio communication for real-time coordination and incident response.

Shuttle Operations
- Departure Waves: 4:30 PM and 5:05 PM from Charles Krug - Return Waves: 9:30 PM and 10:00 PM from Monte Olivios - Capacity: 13 mini-coaches, ~27-35 passengers each
- ADA transport: Available and on-call throughout the event Parking & Access Summary
- Guest Parking: Charles Krug Winery only
- The majority of event staff will also park at Charles Krug Winery and be transported to Monte Olivios via shuttle
- No patron parking permitted at Monte Olivios
- Monte Olivios access restricted to essential working personnel - Bus staging permitted on-site at Monte Olivios
Contingency Planning
- Accommodations will be made for early departures
- Route adjustments are available in collaboration with law enforcement if needed Conclusion
This Transportation Management Plan aims to support guest safety, minimize local traffic impact, and ensure a seamless experience for all event attendees and staff. We welcome collaboration with local stakeholders to finalize and effectively implement the plan.

Agenda Item #11.1.

Appendix A
Monte Olivios TMP Egress Plan – View Online: MONTI OLIVIOS TMP EGRESS PLAN R0.1 (1).pdfprepared by C. McEndree PE, dated April 17, 2025. This diagram provides scale mapping of road signage placement, bus staging, ingress/egress flow, and key intersections for flagger and enforcement deployment.

Appendix B
Charles Krug Winery Parking Lot Map - View Online:

Krug - 04-23-25 Parking .pdf
Prepared by 100x Hospitality, dated April 23, 2025. This diagram details available parking spaces at Charles Krug Winery.

Agenda Item #11.1.

Agenda Item #11.1.

Spring Mountain Rd (25 MPH)
10 ft
10 ft
10 ft
25 ft
24 ft
8 ft
TYP
C9A
SC5

ONE LANE
ROAD
AHEAD
W20-4

2. W1-6R

4. N

VICINITY MAP
DESIGNED BY:

C MCENDREE
CHECKED BY:

DRAWN BY:

DATE:
04/17/25
DATE:

DATE:

PAGE:
01 OF:
01 0 04/17/25 INITIAL SUBMITTAL CM
Plan Scale
1 : 3600 (1'' = 300')

MATCHLINE A-A

MATCHLINE A-A
Agenda Item #11.1.

Agenda Item #11.1.

Agenda Item #11.1.

Agenda Item #11.1.

Agenda Item #11.1.

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2500 Spring Mountain Rd.

Resolution / Conditions of Approval, TUP25-005
May 20, 2025
CITY OF ST. HELENA PLANNING COMMISSION
RESOLUTION NO. PC2025-_____

GRANTING TEMPORARY USE PERMIT APPROVAL FOR ANDREA BOCELLI

DINNER AND CONCERT TO
2500 SPRING MOUNTAIN RD. (File No. TUP25-005)
PROPERTY OWNER: Jorge Hernandez APN: 009-131-044
Recitals

1. The applicant, Caroline Hernandez, Outstanding in the Field, has requested adoption of a resolution approving a Temporary Use Permit in order to allow for a private, ticketed, Andrea Bocelli dinner event to be held the Monte Olivos estate, located at 2500 Spring Mountain Road, St. Helena, within the Twenty-Acre Agriculture zoning district to be held on June 20, 2025, with a maximum attendance of 600 persons.

2. A public notice was published in the Napa Valley Register and mailed to residents and occupants within 300 feet of the project site in compliance with state and local law; and

3. The Planning Commission of the City of St. Helena, State of California, considered the project, staff report, and all testimony, written and spoken, at a duly noticed public hearing on May 20, 2025; and

4. Now, therefore let it be found that the Planning Commission approves the Temporary Use Permit thereby authorizing the use contained in said application based on the findings below and subject to the conditions of approval enumerated herein.

Resolution
A. In making the findings in this Resolution, the Planning Commission relied upon and hereby incorporates by reference all of the documents referenced in this Resolution and the associated staff reports, City files for this matter, correspondence, presentations and other materials.

B. The Planning Commission hereby finds that the project is exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15304(e), which exempts the minor temporary use of land having negligible or no permanent effects on the environment.

C. In accordance with SHMC Section 17.05.110, the Planning Commission makes the following Temporary Use Permit findings to support the motion to approve the request:

1. The temporary activity complies with applicable standards identified in Section

17.22.250, Temporary uses in that the event is held on a site with active agricultural use and the duration of the event is within the prescribed time-limit standards; and
Agenda Item #11.1.

2500 Spring Mountain Rd.

Resolution / Conditions of Approval, TUP25-005
May 20, 2025

2. Maintenance or operation of the temporary activity would not be detrimental to the public health, safety, or welfare of persons residing or working in the neighborhood of the proposed temporary activity in that the applicant has provided sufficient documentation that demonstrates that the event has adequate safety and welfare protocols in place including a traffic management plan and will have medical and security staff on site. Further, the City of St. Helena Police, Fire, Public Works, and Building Departments have reviewed the application materials and have provided Conditions of Approval as needed.

Planning Department Conditions of Approval
D. The Planning Commission approves a Temporary Use Permit for the above-described project with the following conditions of approval. Failure to comply may result in the immediate revocation of the permit. The conditions noted below are particularly pertinent to this permit and shall not be construed to permit violation of other laws and policies not so listed.

1. The project shall be in conformance with all city ordinances, rules, regulations and policies in effect at the time of issuance.

2. Operations shall be in compliance with application materials, site plan, and the written project statement submitted and reviewed by the Planning Commission on May 20, 2025, except as modified herein. This approval is limited to and must be consistent with those activities described in the submitted Written Statement which outlines the details of the event operations.

3. The applicant is responsible for ensuring compliance with the Traffic Management Plan and all agreed upon off-site parking and circulation arrangements. There shall be no guest/patron parking onsite and all guests are to arrive and depart via shuttles departing from Charles Krug Winery.

4. This permit is valid for a single-day event to take place on June 20, 2025, to be held from the hours of 4:30 p.m. to 10:00 p.m., with a maximum of 600 guests. All guests must be off site by 11 p.m.

5. Staff and vendors are permitted on-site from Wednesday June 18, 2025, to Sunday June 22, 2025, as specified in the written statement. Should the event need to be rescheduled, it is the applicant’s responsibility to formally request a modification of this approval in writing to be considered by the Planning Commission.

6. Live entertainment must conclude by 9:30 p.m. Ambient music not to exceed the 35 dBA is permitted from 9:30 p.m. to 10:00 p.m. The applicant must utilize on-site decibel monitoring during the event to ensure that the sound levels are within the ranges as indicated in the submitted Noise Study.

7. The City reserves the right to request a day-of inspection to verify that all the required components are implemented as outlined in this approval.

8. The applicant must notify the immediate neighbors regarding the details of the upcoming event (staff will provide a list of addresses) on their own letterhead. The Agenda Item #11.1.

2500 Spring Mountain Rd.

Resolution / Conditions of Approval, TUP25-005
May 20, 2025
envelope must be postmarked no later than June 9th. Details shall include the date, time, and duration of the event as well as notes regarding any potential disturbances (traffic, noise, etc.) and include the non-emergency police department number for reference. The notice must be consistent with the conditions of approval as set forth in this resolution. A draft of the notice shall be reviewed by staff prior to mailing to the identified residents.

9. If any commercial vendors are involved in the event, they must secure a business license from the finance department pursuant to SMC Title 5, Business Licenses and Regulations.

10.A license from the California Department of Alcoholic Beverage Control (ABC) must be obtained to serve alcohol at the event. The applicant is required to submit evidence that the appropriate licenses have been obtained no later than one week prior to the approved event.

11.All food vendors/caterers must acquire the necessary permits from the Napa County Department of Environmental Health. The applicant is required to submit evidence that the appropriate permits have been obtained no later than one week prior to the approved event.

12.Each site occupied by a temporary activity shall be cleaned of debris, litter, or any other evidence of the temporary activity upon completion or removal of the activity and shall thereafter be used in compliance with the provisions of this zoning code.

13.Extensions of Temporary Use Permits Prohibited. The term of a temporary use permit may not be extended. Applicants for activities that would exceed the allowed terms identified in Section 17.22.250(D) shall file for a conditional use permit, rather than a temporary use permit, in compliance with Section 17.05.020, Conditional use permit (CUP), and all other applicable zoning standards.

14.Required Lapse of Time for Temporary Use Permits. Except for seasonal sales lots, a minimum of thirty (30) days shall pass between the expiration of a temporary use permit and the issuance of a new and similar temporary use permit for the same property, or the actual removal of the materials and structures associated with the former activity, whichever last occurs.

15.This discretionary approval takes effect the day following the expiration of the appeal period if no appeal is filed or the day following the denial of an appeal.

16.Compliance with all permit conditions shall occur in accordance with specific regulations but in all cases no later than the initiation of use unless another time is set by law or by this approval. Occupancy or final inspection of a project may be withheld if all conditions, including payment of fees for services rendered by the City, are not met.

17.In any action or proceeding to attack, challenge, invalidate, set aside, void or annul the City’s approval of applicant’s Project, in whole or in part, applicant shall defend, at its own expense and without any cost to the City, and with counsel acceptable to the City, and shall fully and completely indemnify and hold the City, its agents, Agenda Item #11.1.

2500 Spring Mountain Rd.

Resolution / Conditions of Approval, TUP25-005
May 20, 2025
officers, and employees harmless from and against any and all claims, causes of action, damages, costs, attorney’s fees and liability of any kind, so long as the City reasonably promptly notifies the applicant of any such claim, action, or proceedings and the City cooperates fully in the defense of the action or proceedings.

18.Provided they are in general compliance with this approval, minor modifications may be approved by the Community Development Director.

19.The only permitted temporary signage is that as shown on the Traffic Management Egress Plan. All temporary signage must be removed at the conclusion of the event.

20.Any qualifying violation of the conditions of approval, the city’s Municipal Code, or any law which results from any activities on the subject property may result in revocation of this temporary use permit in compliance with city authorities.

21.The Noise Permit issued by the City may be revoked should there be complaints received regarding the noise generated.

Public Works Department Conditions of Approval

22. If any work occurs within the public right-of-way, an Encroachment Permit is required. Encroachment Permits will not be issued prior to the approval of the Improvement Plans.

23.All streets, curbs, gutters, sidewalks, or other public facilities damaged in association with this Project shall be the responsibility of the Applicant and shall be repaired to the satisfaction of the City at the Applicant's expense.

Building Department Conditions of Approval

24.A building permit is required for the temporary stage and associated lighting scaffolding/towers. Please submit a building permit application, site plan, engineered plans/calculations for temporary stage and lighting towers designed in accordance with 1609 California Building Code. Permit application and required plans must be submitted by June 9, 2025, to assure sufficient review timeline. A site inspection will be required after installation of the temporary stage and lighting, prior to the event. Plan review fees are due at the time of submittal.

25.Tents, including pop-up tents, that are larger than 120 square feet require a tent permit (See 3103.1.2, California Building Code). Tent permit application and required plans must be submitted by June 9, 2025, to assure sufficient review timeline. A site inspection will be required after installation of the tents, prior to the event. Plan review fees are due at the time of submittal.

Fire Department Conditions of Approval
Agenda Item #11.1.

2500 Spring Mountain Rd.

Resolution / Conditions of Approval, TUP25-005
May 20, 2025

26. Any future plans submitted for building permit shall exhibit compliance with the current St. Helena Fire Code, as adopted and codified in St. Helena Municipal Code Chapter 15.36.

27.No cooking or open flames are permitted under tented areas.

28.Heat and fuel sources for cooking equipment must have a clearance of 6 feet from any combustible material including, but not limited to, vegetation, wooden fences/structures etc.

29.Provide a clear staging area for fire department vehicle access near any and all exits/entrances to the property.

30.Arrange for professional emergency medical care to be on site for the event. AMR ambulance or comparable service is acceptable.

31.Engine company shall inspect the staging areas and the Fire Inspector shall inspect the cooking sites after they have been setup, but before the event begins.

32.The applicant is required to reimburse the City for all Fire Department expenses associated with the event.

Police Department Conditions of Approval

33.The applicant is required to reimburse the City for all Law Enforcement expenses associated with the event.

I HEREBY CERTIFY that the foregoing temporary use permit application was duly and regularly approved by the Planning Commission of the City of St. Helena at a regular meeting of said Planning Commission held on May 20, 2025, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:

John Ponte Maya DeRosa, AICP
Chair, Planning Commission Community Development Director Agenda Item #11.1.

Community Development Department
Planning Division
1088 College Ave.

St. Helena, CA 94574
(707) 968-2659

APPEAL APPLICATION
For additional information, zoning, forms & documents please visit us on the web at: www.cityofsthelena.gov

PLEASE TYPE OR PRINT
Project Name_____________________________________________________________ Project Site Address_______________________________________________________ APN______—________—_______ Additional APN_______—________—_________

APPELLANT INFORMATION APPELLANT INFORMATION
Name___________________________ Name_____________________________ Address_________________________ Address___________________________ City_____________________________ City______________________________ State__________Zip_______________ State________________Zip___________ Phone___________________________ Phone____________________________ Email____________________________ Email_____________________________ NOTE: Additional appellant(s) information (name, address, phone number, email, and signature) shall be attached to the application.

FILE NUMBER_____________
Staff Notes:
______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________

OFFICE USE ONLY
Related files___________________________________________________________________ General Plan_______________________ Zoning__________________________________ Application Fee $___________________ Public Hearing / Mailing $_________________ Total Fees Received $_________________ Received by ______________________________ Revised 5/23/23
Agenda Item #11.1.

I, _______________________________________, hereby file this application for an appeal and agree to pay any and all processing fees imposed by the St. Helena Municipal Code and City Council Resolution(s), or as they may be amended from time to time.

Date:_____________________ Appellant’s Signature:____________________________________________ Date:_____________________ Appellant’s Signature:_______________________________________________ Date:_____________________ Appellant’s Signature:_______________________________________________ PROCESSING FEES:

Appeal $3,000
Public Hearing Notice $600
Agenda Item #11.1.

REQUIREMENTS FOR A COMPLETE APPEAL APPLICATION:

The following list is not exhaustive, some applications may require additional information. Consult with a planning staff member to determine whether additional materials are required for your appeal.

NOTE: Please submit appeal application to the Planning Division.

Use the space below and/or attach separate sheets.

ACTION being appealed, including the name of the commission or board and date the action was taken:
_______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ ACTION requested by appellant:
_______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ REASON for appeal:
_______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ Agenda Item #11.1.