Agenda — St. Helena City Council, July 22, 2025 (part 3 of 4)

CONFIDENTIAL
424.285.0051• [email protected] • www.getots.com • 10250 Constellation Blvd, Ste 03-115 Los Angeles, CA 90067 seventh consecutive day of work in a workweek, Operator must be paid two (2.0) times the regular rate. If an operator also works on a holiday OTS will bill the client overtime hours for that day. OTS will charge 1.50 X the regular rate for all hours considered overtime which includes holiday hours. OTS will charge 1.75 X for any hours which are considered Double Time hours.

Holiday Pay:

The Client agrees to pay OTS a rate of 1.5 times the normal Local Bill Rate or Travel Bill Rate for any hours worked on an approved holiday.

Timecard Approval Schedule:

Client has the obligation to review and approve all on site Temporary Employee time cards in a timely manner. All work weeks are from Mondays to Sundays. The Temporary Employee will complete and submit their weekly timesheet via Bullhorn for the previously worked week by Tuesdays. The Client is responsible for approving all timesheets via Bullhorn by Wednesdays at End of Business for the previous week. If the Client does not approve timesheets by Wednesdays at End of Business, OTS will approve the timesheet on behalf of the Client and bill the hours that the candidate submitted. If the Client does not have the ability to approve timesheets by Wednesday at End of Business, they are to reach out to OTS to ask for a written extension or assistance in approving the timesheets.

On-Call Support:

If an Operator is expected to provide On-Call support, they shall be compensated in the following manner:
● Standby On-Call: if OTS’s Operator is expected to remain in the vicinity of the Client system and in a ready-to-respond status during off hours on a day where they have already worked a shift, this time will be compensated as one (1) regular hour of time. On days where they have not worked a shift and are expected to remain in a ready-to-respond status (off days), time will be compensated as two (2) regular hours of time. ● Activated On-Call: If OTS’s Operator is called to respond to a system alarm or emergency after hours to Client’s system, then this time will be charged at a minimum of two (2) hours or for the total duration of time from departure from domicile to return to domicile, whichever is greater. Standard labor laws shall apply if Operator happens to have accrued the appropriate number of hours to constitute overtime.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth above.

Operational Technical Services, LLC City of St. Helena
For: Operational Technical Services, LLC For Client: City of St. Helena David S Sibelman Joseph Leach
Print Name Print Name
Chief Executive Officer Assistant City Manager
Title Title
Agenda Item #10.8.

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CONFIDENTIAL
424.285.0051• [email protected] • www.getots.com • 10250 Constellation Blvd, Ste 03-115 Los Angeles, CA 90067 Signature Signature
Date Date

CLIENT INTAKE PORTION
Invoices must go to the following contacts per position. OTS is only able to bill 2 contacts per Task Order. Please include up to 2 Billing Contacts and their information below:

Billing Contact:

Name: Title:

Email: Phone Number (Direct Line):

Billing Contact (Optional):

Name: Title:

Email: Phone Number (Direct Line):

PO Number (If Applicable):

Number:

Special Requests (Upon Approval):
6/20/25
Agenda Item #10.8.

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CONFIDENTIAL
424.285.0051• [email protected] • www.getots.com • 10250 Constellation Blvd, Ste 03-115 Los Angeles, CA 90067 Details:

EXHIBIT A

TEMP TO HIRE CONVERSION FEE SCHEDULE

EARLY CONVERSION OPTION
Client has the right, upon notification to OTS, to hire any Temporary Employee to be a permanent Employee after 25 weeks of service or 1,000 hours worked. Client must provide OTS a copy of the Offer Letter within 10 days of the candidate accepting the offer. In the event Client chooses to convert the Temporary Employee prior to Temporary Employee completing 1,000 straight time hours, or approximately 25 weeks, on assignment, Client will pay OTS a conversion fee for a direct-hire placement fee according to the below schedule:

Number of Hours on
Operational Technical Services Payroll
Percent (%) of Employee’s
Annual Salary
1,000 Hours 25%
1000 – 1250 Hours 20%
1251 – 1400 Hours 15%
1401+ 1600 Hours 10%
1601+ Hours No Fee
Agenda Item #10.8.

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INVOICE
Operational Technical Services
10250 Constellation Blvd Ste 2300
Los Angeles, CA 90067
[email protected]
+1 (424) 285-0051
www.getots.com
Bill to
Joseph Leach
City of St. Helena
1088 College Avenue
St Helena, CA 94574
United States
Invoice details
Invoice no.: 500ADJ
Terms: Net 30
Invoice date: 07/07/2025
Due date: 08/06/2025
Date Description Qty Rate Amount
07/07/2025 Starks, Philip - Regular Hours - Rate Adjustment from 02/11/2024 to 05/18/2025
2534 $26.00 $65,884.00
07/07/2025 Starks, Philip - OT - Hours Rate Adjustment from 02/11/2024 to 05/18/2025
21 $12.48 $262.08
07/07/2025 Starks, Philip - DT - Hours Rate Adjustment from 02/11/2024 to 05/18/2025
12 $6.50 $78.00
Thank you for your business!
Total $66,224.08
Agenda Item #10.8.

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2/11/2024
PHILIP
STARKS 3973 40 130 156 $26.00 $1,040.00 0 $0.00 $0.00 0 $0.00 $0.00 $1,040.00 2/18/2024 3979 40 130 156 $26.00 $1,040.00 0 $0.00 $0.00 0 $0.00 $0.00 $1,040.00 2/25/2024 4005 40 130 156 $26.00 $1,040.00 0 $0.00 $0.00 0 $0.00 $0.00 $1,040.00 3/3/2024 4008 32 130 156 $26.00 $832.00 0 $0.00 $0.00 0 $0.00 $0.00 $832.00 3/10/2024 4028 35 130 156 $26.00 $910.00 0 $0.00 $0.00 0 $0.00 $0.00 $910.00 3/17/2024 4040 40 130 156 $26.00 $1,040.00 0 $0.00 $0.00 0 $0.00 $0.00 $1,040.00 3/24/2024 4057 40 130 156 $26.00 $1,040.00 0 $0.00 $0.00 0 $0.00 $0.00 $1,040.00 3/31/2024 4068 40 130 156 $26.00 $1,040.00 0 $0.00 $0.00 0 $0.00 $0.00 $1,040.00 4/7/2024 4091 40 130 156 $26.00 $1,040.00 0 $0.00 $0.00 0 $0.00 $0.00 $1,040.00 4/4/2024 4105 40 130 156 $26.00 $1,040.00 0 $0.00 $0.00 0 $0.00 $0.00 $1,040.00 4/21/2024 4115 40 130 156 $26.00 $1,040.00 0 $0.00 $0.00 0 $0.00 $0.00 $1,040.00 4/28/2024 4124 40 130 156 $26.00 $1,040.00 0 $0.00 $0.00 0 $0.00 $0.00 $1,040.00 5/5/2024 4141 32 130 156 $26.00 $832.00 0 $0.00 $0.00 0 $0.00 $0.00 $832.00 5/12/2024 4149 40 130 156 $26.00 $1,040.00 0 $0.00 $0.00 0 $0.00 $0.00 $1,040.00 5/19/2024 4162 40 130 156 $26.00 $1,040.00 4 195 207.48 $12.48 $49.92 4 227.5 234 $6.50 $26.00 $1,115.92 5/26/2024 4176 26 130 156 $26.00 $676.00 0 $0.00 0 $0.00 $0.00 $676.00 6/2/2024 4195 32 130 156 $26.00 $832.00 0 $0.00 0 $0.00 $0.00 $832.00 6/9/2024 4208 40 130 156 $26.00 $1,040.00 0 $0.00 0 $0.00 $0.00 $1,040.00 6/16/2024 4223 40 130 156 $26.00 $1,040.00 0 $0.00 0 $0.00 $0.00 $1,040.00 6/23/2024 4238 32 130 156 $26.00 $832.00 8 195 207.48 $12.48 $99.84 0 $0.00 $0.00 $931.84 6/30/2024 4256 40 130 156 $26.00 $1,040.00 0 $0.00 $0.00 0 $0.00 $0.00 $1,040.00 7/7/2024 4276 40 130 156 $26.00 $1,040.00 0 $0.00 $0.00 0 $0.00 $0.00 $1,040.00 7/14/2024 4288 40 130 156 $26.00 $1,040.00 0 $0.00 $0.00 0 $0.00 $0.00 $1,040.00 7/21/2024 4309 40 130 156 $26.00 $1,040.00 0 $0.00 $0.00 0 $0.00 $0.00 $1,040.00 7/28/2024 4330 40 130 156 $26.00 $1,040.00 0 $0.00 $0.00 0 $0.00 $0.00 $1,040.00 8/4/2024 4347 40 130 156 $26.00 $1,040.00 0 $0.00 $0.00 0 $0.00 $0.00 $1,040.00 8/11/2024 4363 38 130 156 $26.00 $988.00 0 $0.00 $0.00 0 $0.00 $0.00 $988.00 8/18/2024 4376 38 130 156 $26.00 $988.00 0 $0.00 $0.00 0 $0.00 $0.00 $988.00 8/25/2024 4394 38 130 156 $26.00 $988.00 0 $0.00 $0.00 0 $0.00 $0.00 $988.00 9/1/2024 4425 37 130 156 $26.00 $962.00 0 $0.00 $0.00 0 $0.00 $0.00 $962.00 9/8/2024 4435 40 130 156 $26.00 $1,040.00 0 $0.00 $0.00 0 $0.00 $0.00 $1,040.00 9/15/2024 4449 40 130 156 $26.00 $1,040.00 0 $0.00 $0.00 0 $0.00 $0.00 $1,040.00 9/22/24 4461 40 130 156 $26.00 $1,040.00 0 $0.00 $0.00 0 $0.00 $0.00 $1,040.00 9/29/24 4481 40 130 156 $26.00 $1,040.00 0 $0.00 $0.00 0 $0.00 $0.00 $1,040.00 10/06/24 4501 24 130 156 $26.00 $624.00 0 $0.00 $0.00 0 $0.00 $0.00 $624.00 10/13/24 4514 40 130 156 $26.00 $1,040.00 0 $0.00 $0.00 0 $0.00 $0.00 $1,040.00 10/20/24 4533 40 130 156 $26.00 $1,040.00 0 $0.00 $0.00 0 $0.00 $0.00 $1,040.00 10/27/24 4545 40 130 156 $26.00 $1,040.00 7 195 207.48 $12.48 $87.36 0 $0.00 $0.00 $1,127.36 11/03/24 4567 36 130 156 $26.00 $936.00 0 $0.00 $0.00 0 $0.00 $0.00 $936.00 11/10/24 4580 40 130 156 $26.00 $1,040.00 0 $0.00 $0.00 0 $0.00 $0.00 $1,040.00 11/17/24 4590 32 130 156 $26.00 $832.00 0 $0.00 8 227.5 234 $6.50 $52.00 $884.00 11/24/24 4608 40 130 156 $26.00 $1,040.00 2 195 207.48 $12.48 $24.96 0 $0.00 $0.00 $1,064.96 12/01/24 4620 24 130 156 $26.00 $624.00 0 $0.00 $0.00 $0.00 $0.00 $624.00 12/08/24 4630 40 130 156 $26.00 $1,040.00 0 $0.00 $0.00 $0.00 $0.00 $1,040.00 12/15/24 4640 40 130 156 $26.00 $1,040.00 0 $0.00 $0.00 $0.00 $0.00 $1,040.00 12/22/24 4654 40 130 156 $26.00 $1,040.00 0 $0.00 $0.00 $0.00 $0.00 $1,040.00 12/29/24 4663 32 130 156 $26.00 $832.00 0 $0.00 $0.00 $0.00 $0.00 $832.00 01/05/25 4676 32 130 156 $26.00 $832.00 0 $0.00 $0.00 $0.00 $0.00 $832.00 01/12/25 4678 40 130 156 $26.00 $1,040.00 0 $0.00 $0.00 $0.00 $0.00 $1,040.00 01/19/25 4688 40 130 156 $26.00 $1,040.00 0 $0.00 $0.00 $0.00 $0.00 $1,040.00 01/26/25 4701 40 130 156 $26.00 $1,040.00 0 $0.00 $0.00 $0.00 $0.00 $1,040.00 02/02/25 4707 40 130 156 $26.00 $1,040.00 0 $0.00 $0.00 $0.00 $0.00 $1,040.00 02/09/25 4721 38 130 156 $26.00 $988.00 0 $0.00 $0.00 $0.00 $0.00 $988.00 02/16/25 4728 34 130 156 $26.00 $884.00 0 $0.00 $0.00 $0.00 $0.00 $884.00 02/23/25 4741 32 130 156 $26.00 $832.00 0 $0.00 $0.00 $0.00 $0.00 $832.00 03/02/25 4753 37 130 156 $26.00 $962.00 0 $0.00 $0.00 $0.00 $0.00 $962.00 03/09/25 4763 35 130 156 $26.00 $910.00 0 $0.00 $0.00 $0.00 $0.00 $910.00 03/16/25 4776 38 130 156 $26.00 $988.00 0 $0.00 $0.00 $0.00 $0.00 $988.00 03/23/25 4785 40 130 156 $26.00 $1,040.00 0 $0.00 $0.00 $0.00 $0.00 $1,040.00 03/30/25 4801 40 130 156 $26.00 $1,040.00 0 $0.00 $0.00 $0.00 $0.00 $1,040.00 04/06/25 4812 40 130 156 $26.00 $1,040.00 0 $0.00 $0.00 $0.00 $0.00 $1,040.00 04/13/25 4829 40 130 156 $26.00 $1,040.00 0 $0.00 $0.00 $0.00 $0.00 $1,040.00 04/20/25 4847 40 130 156 $26.00 $1,040.00 0 $0.00 $0.00 $0.00 $0.00 $1,040.00 04/27/25 4859 40 130 156 $26.00 $1,040.00 0 $0.00 $0.00 $0.00 $0.00 $1,040.00 05/04/25 4874 40 130 156 $26.00 $1,040.00 0 $0.00 $0.00 $0.00 $0.00 $1,040.00 05/11/25 4857 40 130 156 $26.00 $1,040.00 0 $0.00 $0.00 $0.00 $0.00 $1,040.00 05/18/25 4905 40 130 156 $26.00 $1,040.00 0 $0.00 $0.00 $0.00 $0.00 $1,040.00 $66,224.08 TOTAL
2,534 21 12
TOTAL $65,884.00 TOTAL $262.08 TOTAL $78.00 $66,224.08 TOTAL Type of HouQTY Rate Adjustment
Regular 2534 26 65,884.00 $
OT 21 12.48 262.08 $
DT 12 6.5 78.00 $
Total $ 66,224.08
Agenda Item #10.8.

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Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: July 22, 2025
FROM: Ian Dale, Environmental Services Tech
SUBJECT: June 2025 Review and Forecasting of City Water Supply Availability.

RECOMMENDED
ACTION:

Receive and file.

PREVIOUS COUNCIL
ACTION:

Monthly Receive and File reports to City Council.

STATEMENT OF THE
PURPOSE:

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

FINANCIAL IMPACT: None.

BACKGROUND:

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

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

DISCUSSION:

In connection with City Council Goal 2, City staff has developed a forecasting tool to facilitate its ability to optimize water use and track water availability. Included as Attachment 1 is the Monthly Water Report for June 2025. The water produced for June 2025 is up by 8% when compared to June 2024 and is down by 25% compared to the average of June 2018-2020. Below is a chart summarizing the water produced per source:

Agenda Item #10.9.

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Water Produced per Source
Source
Average (2018 -
2020)
(Acre-Feet)
June 2024
(Acre-Feet)
June 2025
(Acre-Feet)
Bell Canyon 74 19.46 22.73
Stonebridge Wells 41 40.7 27.92
Napa Water 51 46.82 65.01
Total 166 106.98 115.66
 Percent change from June 2024: 8%
 Percent change from average of June 2018 - 2020: -25% Bell Canyon Reservoir
The City is no longer in water emergency conditions based upon the Phase I Water Emergency measures being terminated by City Council adopting Resolution No. 2023- 94 on July 25, 2023. Bell Canyon Reservoir has adequate water to support the City's needs through this calendar year. The storage in Bell Canyon graph (Attachment 2) has been revised to include historic reservoir supply levels since July 2021. It also shows the water availability forecast through June 2024 based on the highest water usage during a non-drought year (FY 2019/20) and 10 inches of rainfall (lowest recorded).

As of July 1, 2025, Bell Canyon Reservoir elevation was at 420.87 feet representing approximately 2,204.00 acre-feet (AF) and 92.5% capacity. Bell Canyon spillway level is 422 feet representing 2,383.69 AF in water supply volume. Below is a chart comparing Bell Canyon elevation levels, water supply availability in acre feet, and percent capacity of the reservoir on July 1st in 2023, 2024, and 2025.

Year 2023 2024 2025
Bell Canyon Elevation Level 420.93 Ft. 420.18 Ft. 419.62 Ft.

Acre Feet 2,302.58 AF 2,245.73 AF 2,204.00 AF
Percent Capacity 96.6% 94.21% 92.5%
As a follow up to the May 24, 2022, City Council meeting, staff developed a graph (Attachment 3) highlighting the relationship between the reservoir elevation level and water supply availability in acre feet. The graph shows the current status of the reservoir. Furthermore, the graph also displays the points where City Council decided to declare Phase I and Phase II Water Emergencies in 2020.

Continued Water Conservation
California experienced two consecutive dry years 2020 and 2021. Due to the combination of warmer-than-average temperatures and minimal precipitation in the state, the Department of Water Resources (DWR) declared 2021 as the fourth-driest year on record statewide. The record-breaking dry period in January and February 2022, and the absence of significant rains in March 2022, required DWR to reduce anticipated deliveries from the State Water Project (SWP). However, the reduction at Agenda Item #10.9.

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

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

City of Napa Water Supply
Normal operations continue at Rutherford Pump Station (RPS) and the City is taking delivery of the allotment purchased from City of Napa. During the month of June 2025, Rutherford Pump Station was producing an average of 0.70 MG/day for a total of 65.01 AF for the month.

ENVIRONMENTAL REVIEW: Not Applicable.

GOAL:

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

MWR June 1-30 2025
Attachment 2 - Bell Canyon Water Storage Forecast
Attachment 3- Bell Canyon Reservoir Storage Phase I II
Agenda Item #10.9.

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CITY OF ST. HELENA

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

LOUIS STRALLA

WATER PLANT
TK #1 & #2
ADJUST

22.73 7.40 -0.14

19.7% -0.4%

37.67 MG MG
n/a MG MG
n/a MG MG

1.25 MG MG
% %
297.85 AF 25.7% 264.71 AF 18.7%

97.02 MG 86.22 MG
540.57 AF 46.6% 598.40 AF 42.2%
176.08 MG 194.92 MG
320.60 AF 27.7% 554.13 AF 39.1%
104.43 MG 180.50 MG
TOTAL WATER PRODUCED 1159.02 AF 100.0% 1417.24 AF 100.0%

DELIVERY (ALL)

0.17 NA
419.62 FT. FT.
-1.25 FT. FT.
2204.00 AF AF

92.5 % %

0.00 IN IN

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

June 1-30, 2025

STONEBRIDGE

POTABLE
WELLS
SBW

IRRIGATION
WATER

NAPA WATER

THIS YEAR LAST YEAR
AMOUNT PRODUCED in AF 27.92 0.52 65.01
AMOUNT PRODUCED in MG 9.09 0.17 21.17
PERCENT 24.2% 56.4%

WATER PRODUCED DELIVERY (AGGREGATE)
TOTAL PRODUCED THIS PERIOD 34.85
MAXIMUM DAILY PRODUCED n/a
MINIMUM DAILY PRODUCED n/a
AVERAGE DAILY PRODUCED 1.16

WATER YEAR TOTALS

THIS FISCAL YEAR LAST FISCAL YEAR

LOUIS STRALLA WATER PLANT

NAPA WATER

STONEBRIDGE POTABLE WELLS

SBW IRRIGATION WATER
THIS MONTH THIS MONTH, LAST YR.

ELEVATION BELL CANYON RESERVOIR 420.18
STONEBRIDGE APARTMENTS MG/Jun. 1 -30 0.23 MG/Jun. 1-30

WATER ELEVATION, CAPACITY & RAINFALL

THIS FISCAL YEAR LAST FISCAL YEAR
NAPA VALLEY COLLEGE MG/Jun. 1 -30 0.09 MG/Jun. 1-30

TEMPERATURES
MONTHLY RISE OR DROP -1.26
CAPACITY AT END OF PERIOD 2245.73
PERCENT OF FULL CAPACITY 94.2
RAINFALL IN THIS PERIOD 0.00
TOTAL RAINFALL SEASON TO DATE 23.43
THIS MONTH, THIS YEAR THIS MONTH, LAST YR.

DEGREES IN FAHRENHEIT 49.8-97.8 57.3-93.6
Updates will be provided if any errors are identified.

AVERAGE 73.8 75.45

REMARKS
City of Napa Water Delivery: RPS producing an average of 0.70 MG/day during June 2025.

Agenda Item #10.9.

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Agenda Item #10.9.

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Agenda Item #10.9.

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Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: July 22, 2025
FROM: Lesley Milton, Deputy City Manager
SUBJECT: Adopt a Resolution to authorize the City Manager to enter into a professional services agreement with Precision
Wireless Service in an amount not to exceed $14,007 for the procurement and installation of a replacement radio repeater to restore critical emergency communications
infrastructure lost in the Glass Fire.

RECOMMENDED
ACTION:

Staff recommends that the City Council adopt a Resolution to authorize the City Manager to enter into a professional services agreement with Precision Wireless Service in an amount not to exceed $14,007 for the procurement and
installation of a replacement radio repeater.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
PURPOSE:

Authorization for the procurement and installation of a replacement radio repeater to restore critical emergency communications infrastructure lost in the Glass Fire.

FINANCIAL IMPACT: Total cost is not to exceed $14,007 and is available in the FY 26 Building Maintenance Contract Services budget.

BACKGROUND:

The City of St. Helena previously maintained a citywide radio communications system that included a high-powered repeater located in the east hills above the City thus providing the maximum coverage over the valley floor and its surroundings. This repeater was a critical component of our emergency response system, enabling uninterrupted communication between City Hall, Public Works field teams, and the City’s water and wastewater treatment facilities—even when cell phone service is unavailable.

This equipment was destroyed during the 2020 Glass Fire, and since then, staff have been unable to fully restore this capability. During natural disasters or large-scale power outages, cellular networks can become overloaded or fail entirely. The ability to communicate reliably with essential infrastructure operators—particularly at our remote water and wastewater treatment sites—is paramount to maintaining public safety and continuity of operations.

DISCUSSION:

Agenda Item #10.10.

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The proposed replacement system includes a VHF repeater, antenna, amplifier, battery backup system, and related installation components as specified in the quote from Precision Wireless Service, dated May 11, 2025 (Quote No. 7212). The new system will reestablish wide-area radio coverage and direct connectivity to key utility infrastructure.

The total cost of the professional services agreement is $14,007, which includes equipment, installation, tax, and shipping. Funding is proposed to come from the Public Works Building Maintenance Professional Services budget and is considered a necessary and eligible expense under the City’s resilience and emergency management framework.

ENVIRONMENTAL REVIEW: Not a CEQA project.

GOAL:

Goal 2: Improve Infrastructure & Further Environmental Sustainability Goal 4: Provide Effective Community Information & Opportunities for Engagement DOCUMENTS ATTACHMENTS:

Resolution Precision Wirless Repeater v1
PSA Precision Wireless Repeater
Agenda Item #10.10.

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

AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES

AGREEMENT WITH PRECISION WIRELESS SERVICE FOR THE PROCUREMENT

AND INSTALLATION OF A REPLACEMENT RADIO REPEATER FOR AN AMOUNT NOT TO EXCEED $14,007

RECITALS
A. WHEREAS, the City of St. Helena previously maintained a citywide radio communications system that included a high-powered repeater critical for emergency communications; and
B. WHEREAS, the repeater was destroyed during the 2020 Glass Fire and its replacement is necessary to restore uninterrupted communication between City Hall, Public Works field teams, and the City’s water and wastewater treatment facilities, particularly during emergencies when cellular networks may fail; and C. WHEREAS, Precision Wireless Service has provided a proposal to supply and install a replacement VHF repeater, antenna, amplifier, battery backup system, and related components to reestablish citywide radio coverage; and D. WHEREAS, the total cost of the professional services agreement for the procurement and installation of the replacement radio repeater is $14,007, with funds available in the Fiscal Year 2025-2026 Public Works Building Maintenance budget.

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 a Professional Services Agreement with Precision Wireless Service for an amount not to exceed $14,007 for the procurement and installation of a replacement radio repeater to restore critical emergency communications infrastructure.

2. The City Manager is further authorized to take any and all actions necessary to carry out the intent of this Resolution.

3. Funding is as follows:

Description Fund GL Account Amount
FY 25-26
General Fund
Building
Maintenance
Contract Services
101-50-06-21-45 14,007
Agenda Item #10.10.

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Approved at a Regular Meeting of the St. Helena City Council on July 22, 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 #10.10.

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83389.00001\40708740.1
1 CITY OF ST. HELENA

PROFESSIONAL SERVICES AGREEMENT
Communications Repeater Equipment Purchase and Installation This Agreement is made and entered into as of June 10, 2025 by and between the City of St. Helena, a public agency organized and operating under the laws of the State of California (“City”), and Precision Wireless Services with its principal place of business at 930 Shilo Rd, Bldg 40, Windsor, CA 95492 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

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

Communications Repeater Equipment Purchase and Installation for the City of St. Helena (hereinafter referred to as “the Project”).

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

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

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

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

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Scope of Services set forth in Exhibit “A.” under Project Pricing Tasks. b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $14,006.56. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

3. Additional Work.

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agenda Item #10.10.

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

4. Maintenance of Records.

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

5. Term
The term of this Agreement shall be from July 22, 2025 to March 2026 unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). The project schedule is outlined in Exhibit A, and more detailed project schedule will be agreed upon during the initial project kick off and agreed to by the City and the Consultant. The Notice to Proceed shall set forth the date of commencement of work.

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

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

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

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

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

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

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4 (1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
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5 (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

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

Agenda Item #10.10.

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6 f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25- S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement.

Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
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7 (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's Agenda Item #10.10.

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

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

Agenda Item #10.10.

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9 14. Safety.

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

15. Verification of Employment Eligibility.

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

16. INTENTIONALLY DELETED

17. Laws and Venue.

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

18. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein.

Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.

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

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

21. Limitation of Agreement.

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

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

CITY:

City of St. Helena
1088 College Avenue
St. Helena CA 94753
Attn: Lesley Milton, Assistant to the City
CONSULTANT:

Precision Wireless Services
930 Shilo Rd, Bldg 40
Windsor, CA 95492
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11 Manager
and shall be effective upon receipt thereof.

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

24. Equal Opportunity Employment.

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

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

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

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

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

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

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12 30. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

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

AND SUHR CONSULTING GROUP
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF ST. HELENA Precision Wireless Services
By: By:

Anil Comelo
City Manager Name: ______________________________
ATTEST:

By:

Ethan Walsh, City Attorney
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14 EXHIBIT A
Scope of Services & Schedule of Charges/Payments
Contractor will provide the below equipment and services with payment provisions as listed above.

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Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: July 22, 2025
FROM: Mario Traverso, Project Manager, Stephanie Killingsworth, Public Works Financial Analyst
SUBJECT: Consideration and Proposed Adoption of a Resolution Accepting the Work and Directing the Filing of the Notice of Completion for C22-03 Jacob Meily Park Drainage Site Survey and Installation of New Turf and Upgrade Irrigation.

RECOMMENDED
ACTION:

Staff Recommends Approval of the attached Resolution.

PREVIOUS COUNCIL
ACTION:

The following are for CIP Project C22-03 Jacob Meily Park Drainage Site Survey and Installation of New Turf and
Upgrade Irrigation:
 On June 25, 2024, City Council approved the plans
and authorized the advertisement for bids.
 On November 12, 2024, City Council approved the
awarding of contract to Marina Landscape Inc.

STATEMENT OF THE
PURPOSE:

Direct the filing of the Notice of Completion for the C22-03 Jacob Meily Park Drainage Site Survey and Installation of New Turf and Upgrade Irrigation.

FINANCIAL IMPACT: See summary in Discussion Section.

BACKGROUND:

The sports field at Meily Park was originally developed in 2003. The turf surface, subsurface soil section, and irrigation system had reached the end of their serviceable life. A Capitol Improvement Project was created in 2022 to address the sports field needs which included the installation of a new irrigation system, surface grading and the installation of a new turf surface. The project had experienced delays in delivery due to certain design complications, delayed engineering services, and staff transitions. Staff redeveloped the project, prepared contract documents, specifications and solicited bids to complete the work.

This project aimed to enhance the park's infrastructure by addressing long-standing drainage issues and improving the quality of the playing surface. It included conducting a site survey to assess drainage conditions, followed by the installation of a new turf and upgraded irrigation systems to ensure sustainable water management and longterm usability.

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A notice inviting bids was posted to the City of St. Helena's website and posted at area construction plan rooms and exchanges on August 1, 2024, for the Meily Park Turf and Irrigation Upgrade Project. On August 22, 2024, no bids were received.

A notice inviting bids was reposted to the City of St. Helena's website and posted at area construction plan rooms and exchanges on September 5, 2024, for the Meily Park Turf and Irrigation Upgrade Project. On September 26, 2024, two bids were received.

DISCUSSION:

The project occurred in Spring of 2025, during which the existing turf surface was removed, the soil was amended and graded, a new irrigation system and new sod were installed. As part of the contract, the contractor performed a three month maintenance period for the new facility. In conjunction with the turf rehab project, Public Works Operations team performed a variety of maintenance tasks including fence repairs, landscaping, upgrades to the restrooms and significant repairs to pathways. Two change orders were issued to the contractor for additional landscaping requests not originally included in the project scope.

Public Works staff will be taking over maintenance and operation of the new field. Staff will continue to fine tune the turf irrigation operations for optimal performance.

Expenditure Summary - C22-03 New Turf and Irrigation Upgrade Project Expenditures Award Actual
Original Contract Items $224,000 $224,000
Contingency $22,400
Scope Reduction ($42,931)
Change Orders $8,288
Total $246,400 $198,923
Marina Landscape's final construction contract amount is $198,923 including the release of the retention. Upon approval of the resolution accepting the completion of the project, staff will file the appropriate notifications with the County and closeout the project.

ENVIRONMENTAL REVIEW: None.

GOAL:

Goal 2: Improve Infrastructure & Further Environmental Sustainability Goal 5: Enhance Quality of Life
Goal 8: Implement Capital Improvement Plans (CIP) Projects Miscellaneous/Other DOCUMENTS ATTACHMENTS:

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C22-03 NOC Resolution
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CITY OF ST. HELENA
RESOLUTION NO. 2025-__

RESOLUTION ACCEPTING THE WORK AND DIRECTING THE
FILING OF THE NOTICE OF COMPLETION FOR THE C22-03

JACOB MEILY DRAINAGE SITE SURVEY AND INSTALLATION OF
NEW TURF AND IRRIGATION PROJECT.

RECITALS
A. Pursuant to St. Helena Municipal Code Chapter 3.04; Article 3 public Works Projects; Section 3.04.220 on August 1, 2024 a notice inviting bids was posted; and
B. On September 26, 2024 two (2) bids were received and opened in accordance with applicable law; and
C. The lowest responsive and responsible bidder for the Project was Marina Landscape Co. of Lathrop in the amount of $224,000; and D. On November 12, 2024 City Council awarded the C22-03 Jacob Meily Park Drainage Site Survey and Installation of New Turf and Upgrade Irrigation Project to Marina Landscape Co. in the amount of $224,000, authorized the City Manager to execute a construction contract in the amount of $224,000 with Marina Landscape Co. for C22-03 Jacob Meily Park Drainage Site Survey and Installation of New Turf and Upgrade Irrigation Project, and authorized the Director of Public Works to approve change orders not-to-exceed 10% of the contract amount; and
E. The final construction contract amount is $198,923; and F. The project has been inspected and Marina Landscape Co. has completed the work in accordance with the contract documents for the project; and G. If no liens or claims have been filled within 35 days of filing the Notice of Completion, the retained payment funds, and any amount due will be released to Marina Landscape Co.

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

1. The contract entitled C22-03 Jacob Meily Park Drainage Site Survey and Installation of New Turf and Upgrade Irrigation Project, with the final project construction costs of $198,923 is accepted as complete; and

2. The Public Works Director/City Engineer is authorized to release retention and prepare a Notice of Completion and the City Clerk is directed to file a Notice of Completion with the Napa County Recorder; and Approved at a Regular Meeting of the St. Helena City Council on July 22, 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 #10.11.

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Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Administration
DATE: July 22, 2025
FROM: Andrew Bradley, Program Manager
SUBJECT: Consideration and Approval of a License Agreement with BodeEV for the Design, Construction, Operation, and
Maintenance of Public Electric Vehicle Charging Stations at Four City-Owned Locations Project funded by grants
and BodeEV Inc.

RECOMMENDED
ACTION:

1. Approve a License Agreement with BodeEV Inc. for
the design, construction, and ongoing maintenance
and management of public EV charging stations at
four City-owned sites.

2. Authorize the City Manager to take all other
necessary actions to implement the project and
meet grant deadlines.

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
PURPOSE:

Recommend awarding a contract to BodeEV Inc. for the
design, installation, and long-term operation and
maintenance of Level 2 Electric Vehicle (EV) charging
stations at four publicly owned locations in St. Helena. This effort supports the City's environmental goals, increases EV charging access for residents and visitors, and
leverages outside grant funding without requiring General Fund expenditures.

FINANCIAL IMPACT: There is no impact to the City’s General Fund. The selected vendor is responsible for all design, permitting, construction, and maintenance costs, with partial
reimbursement through secured grant funding and
incentive funding. Any remaining costs will be covered by the vendor and recovered through user fees. The City will receive a negotiated portion of revenues generated from the EV chargers through a licensing agreement.

BACKGROUND:

The City of St. Helena currently operates six (6) Level 2 EV chargers at City Hall using Tesla hardware. These chargers are heavily utilized, often fully occupied by city vehicles, employees, and members of the public. In response to growing demand for EV charging infrastructure and to support the City’s climate action goals, staff released a Request for Proposals (RFP) on June 10, 2025, for professional services to expand public EV charging stations across four key locations:

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 St. Helena City Hall (1088 College Avenue)
 St. Helena Corporation Yard (1405 Charter Oak Avenue)  Crane Park (360 Crane Avenue)
 St. Helena Public Library (1492 Library Lane)
The proposed work includes the design, permitting, construction, and ongoing operation and maintenance of new EV charging stations, with requirements for ADA accessibility, code compliance, and readiness for future expansion. The RFP emphasized that no City General Fund dollars are available and that the proposer must secure and apply available grant funding, including:
 Communities in Charge
 Transportation Fund for Clean Air (TFCA)
 MCE EV charger incentives
Each site has existing feasibility assessments and conceptual plans completed by CLEAResult in partnership with MCE. These were provided as part of the RFP package to streamline implementation and ensure alignment with grant criteria.

The City received four proposals by the July 3, 2025 deadline. Staff convened an internal review committee, which scored submissions based on qualifications, experience, project approach, ability to manage grants and cost recovery through licensing/revenue share, and proposed timeline. BodeEV Inc. was determined to be the most qualified and responsive proposer.

KEY PROJECT ELEMENTS
 Installation of up to 26 Level 2 chargers across four locations  ADA-compliant design and infrastructure improvements
 Conduit and power capacity for future expansion
 Licensing agreement for a 10-year term with revenue sharing to the City  Ongoing maintenance, technology upgrades, and customer service provided by the vendor at no cost to the City
 All chargers must be operational and final payment request submitted to CALSTART by December 20, 2025, to comply with Communities in Charge grant requirements
DISCUSSION:

In June 2025, the City of St. Helena issued a Request for Proposals (RFP) for the design, installation, operation, and maintenance of public Level 2 electric vehicle (EV) charging infrastructure at four City-owned sites: City Hall, St. Helena Public Library parking lot, Crane Park, and the City Corporation Yard. The intent of the RFP was to expand access to reliable, accessible EV charging infrastructure in support of the City’s clean mobility and sustainability goals—without incurring upfront capital expenditures or burdening the General Fund.

The RFP specified several key requirements and evaluation criteria, including:

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 Turnkey delivery model including design, permitting, installation, and operations and maintenance (O&M) for a minimum of 10 years
 Compliance with ADA, NEC, CEC, Title 24, and CEQA/NEPA as applicable  Use of hardware and software eligible for Communities in Charge, TFCA, and/or MCE grant programs
 Utility coordination with PG&E for new or expanded electric service  Flexibility to accommodate both public and City fleet charging  Ability to deliver the project by December 20, 2025, to remain eligible for grant reimbursement
 Revenue-sharing or licensing business models to offset operational costs  Demonstrated experience with similar public-sector EV charging projects  Service-level standards including minimum 99% charger uptime and responsive maintenance
Following a competitive evaluation process, City staff recommends awarding the project to BodeEV Inc., an EVITP-certified contractor that submitted a comprehensive and highly responsive proposal.

BodeEV’s design-build-operate model, supported by technology partners Autel Energy (hardware) and AmpUp (charge management software), offers a financially sustainable, grant-compliant solution tailored to the City's specific needs.

Key elements of BodeEV’s proposal include:
 No-cost infrastructure deployment: BodeEV will fully fund the estimated $206,300 net project cost not covered by grant incentives, removing the need for any capital investment by the City.
 Confirmed grant alignment: The proposed Autel and AmpUp systems are preapproved under Communities in Charge and other funding programs.  10-year O&M coverage: BodeEV will maintain and operate the chargers for a full decade under an SLA that guarantees 99% uptime, 2-hour remote diagnostics, and 24-hour onsite response.
 Flexible revenue-sharing model: Charging fees of $0.25–$0.35/kWh will be shared 50/50 between BodeEV and the City, generating recurring revenue for municipal use. A license-fee model is also available as an alternative.  Site-specific coordination: BodeEV has accounted for the City Hall site’s lease status with Napa Valley College and the need to balance public access with fleet needs at the Corp Yard.
 Robust project timeline: BodeEV will begin site walks and design by July 28, 2025, with full deployment completed by October 31, 2025—well ahead of the grant reimbursement deadline, providing additional time for any unexpected delays.
 Future-ready design: Conduit stubbing and scalable infrastructure will accommodate future expansion without the need for significant reinvestment.

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In addition to technical and financial qualifications, BodeEV’s proposal demonstrated a strong cultural and operational alignment with the City’s values—emphasizing public service, accountability, and aesthetics suitable for a small-town setting. Their customerfirst approach includes optional community engagement tools, City-branded CMS integration, and prioritized charger access for City fleet vehicles at the Corp Yard.

References from other municipalities—including the City of Carlsbad—attest to BodeEV’s dependability, transparency, and high-performance delivery in similar projects. Staff is confident in BodeEV’s ability to meet and exceed project goals while minimizing risks to the City.

GOAL:

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

RFP - EV Chargers at City Lots Final - June 10, 2025
BodeEV_St Helena Public Electric Vehicle Charging Stations RFP_July 3 2025 Resolution - BodeEV Charging - July 2025 (002)-c1
EV Station Agreement-c1
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REQUEST FOR PROPOSALS:

REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES

PUBLIC ELECTRIC VEHICLE CHARGING STATIONS
DATE ISSUED: Tuesday, June 10, 2025
DATE DUE: Thursday, July 3, 2025, 5PM
CONTACT: Andrew Bradley, Program Manager
[email protected]
The City is only accepting proposals electronically via email to [email protected] CITY OF ST. HELENA
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CITY OF ST. HELENA | REQUEST FOR PROPOSALS | EFFICIENCY AND BUSINESS TRANSFORMATION PAGE 2

TABLE OF CONTENTS
I. INTRODUCTION..................................................................................................................................... 3 II. GENERAL INFORMATION ..................................................................................................................... 3 III. SCOPE OF WORK ................................................................................................................................. 3 IV. DELIVERABLES ....................................................................................................................................... 5 V. SCHEDULE ............................................................................................................................................. 6 VI. PROPOSAL SUBMISSION REQUIREMENTS............................................................................................ 7 VII. EVALUATION PROCESS ........................................................................................................................ 7 VIII. PROPOSAL TERMS AND CONDITIONS ................................................................................................ 7

1. EXAMINATION OF PROPOSAL MATERIALS............................................................................. 7

2. ADDENDA INTERPRETATIONS .................................................................................................. 8

3. DESIGNATED CONTACT .......................................................................................................... 8

4. PUBLIC RECORDS..................................................................................................................... 8

5. PROPOSAL COSTS.................................................................................................................... 8

6. RESERVATION OF RIGHTS ........................................................................................................ 8

7. PRODUCT OWNERSHIP ............................................................................................................ 8

8. PROFESSIONAL SERVICES AGREEMENT.................................................................................. 8

9. CAUSES FOR DISQUALIFICATION............................................................................................ 8 IX. Exhibit A – Addendum/Attachment List ........................................................................................... 9 X. Exhibit B – City of St. Helena Professional Services Agreement...... Error! Bookmark not defined.

EXHIBITS
Exhibit A: Addendum/Attachment List
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CITY OF ST. HELENA | REQUEST FOR PROPOSALS | EFFICIENCY AND BUSINESS TRANSFORMATION PAGE 3
I. INTRODUCTION
The City of St. Helena, California is located in the center of the world-famous wine growing Napa Valley, 65 miles north of San Francisco. The area was settled in 1834 as part of General Vallejo’s land grant. The City of St. Helena was incorporated as a City on March 24, 1876, and reincorporated on May 14, 1889.

The City, from its inception, has served as a rural agricultural center and over the years, has experienced growth and development of the wine industry. The City receives many visitors due to the wine industry and the area’s scenic qualities and history. The City’s goal is to maintain a small-town atmosphere and to provide high quality services to its residents.

The official population of the City of St. Helena as of 2021 is 6,070 (CA Department of Finance). St. Helena is a full-service city employing 93.7 full-time equivalent employees and encompasses an area of four-square miles. The City’s FY 2024-25 General Fund Budget is approximately $22 million.

II. GENERAL INFORMATION

OBJECTIVE
The City currently owns and operates public EV charging stations at St. Helena’s City Hall (1088 College Avenue, St. Helena, CA). These stations provide six (6), Level-2 charging stations and take advantage of Tesla hardware (the City does not currently monetize these chargers). In most cases these charging stations are fully occupied by City vehicles, staff, and the community indicating the need for more public charging stations throughout St. Helena.

This project will expand the City’s availability of public charging stations at parks and public parking lots with the intent of incentivizing the switch to EVs and/or making it easier for residents and visitors to find a publicly available EV charger for their existing EV.

A single firm/proposer may provide an RFP for all services or a team of independent firms/proposers may submit proposals for a specific area of expertise (e.g. design, construction, management).

III. SCOPE OF WORK
Project Expertise:

The City is seeking proposals from qualified design proposers to provide EV charging station design, construction, and ongoing maintenance/management services for up to four (4) locations allowing for publicly accessible Level 2 EV charging. Each station must meet the American Disability Act (ADA) requirements, all applicable California building code requirements, and all applicable City design and construction requirements. All work and equipment should also meet requirements for approved grant funding from Communities in Charge, Transportation Fund for Clean Air (TFCA) funding through the Napa Valley Transportation Authority (NVTA), and/or MCE’s incentives for EV Charger installation.

The final product should include design and construction documents including installation layout, electrical plans, signage, and pavement markings. It should also include information on how the EV Chargers will be operated, maintained/upgraded, and Agenda Item #10.12.

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CITY OF ST. HELENA | REQUEST FOR PROPOSALS | EFFICIENCY AND BUSINESS TRANSFORMATION PAGE 4
managed for a minimum of ten (10) years after installation. As each station may require a new or upgraded electric service from PG&E, the proposers must incorporate the necessary utility substructure work into the final design and construction documents.

CLEAResult has done site assessments and basic plans for each site. Those documents are available and within an addendum.

The proposer must demonstrate through knowledge and experience in the design and preparation of specifications for electric vehicle charging stations installation.

Demonstrated experience would include recent projects for the design of public EV charging stations, ability to provide field inspection and construction services throughout the construction phases, and EV charger management services.

Electric vehicle charging stations design shall meet, at a minimum, the following specifications, and requirements:

Design and Construction Compliance Standards
• Compliance with current requirements of the Americans with Disabilities Act (ADA) as it relates to electric vehicle (EV) charging stations. • Compliance with applicable National Electrical Code (NEC) and California Electrical Code (CEC).
• City of St. Helena Public Works Standard Details and Specifications. • City of St. Helena Planning Department’s Citywide Design Guidelines. • Current version of the California Building Standards Code (CCR Title 24) Standard Components for Each Location
• Required earth work, grading, and site improvements necessary to facilitate ADA requirements and the charging supply equipment.
• EV charging units shall use a common EV Charger Network (Charge Point, Autel, etc.). The City does not have a strong preference for a particular network and will work with the chosen proposer on an agreed upon network that meets the City’s goals and meets requirements from grant funding available. Typical installation will provide one (1) or two (2) single-port charging stations for the ADA accessible spots and additional dual port stations.
• Substructure work (conduits, boxes, etc.) shall provide additional conduits for future expansion if not all chargers are installed at once based on current site plans for each location.
• Signage and stripping plans compliant with the current version of the California Building Code, City of St. Helena Code, and ADA requirements. • Any necessary related improvements such as ADA connectivity, curbs, and gutters, reworking of existing irrigation systems, and/or replacement landscaping. • If there is a conflict between the stated requirement and applicable standards, the more stringent requirements, providing the greatest value to the City will prevail.

Charging Station Locations
Below is of list of locations the City would like complete design, construction, and management for the public EV charging stations. For each location the initial buildout of charging stations (both type and number) is provided. For each location the design should allow for the expansion based on service capacity and substructures when possible.

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These locations have site plans created by MCE/CLEAResult that may need to be reviewed by the selected proposer and are subject to all applicable approvals and permits, and may be modified with consent of the City of St. Helena. The proposer shall be responsible for performing a due diligence and investigation of the locations and must also determine the suitability or non-suitability of each site.

Note: The City is only providing funds from applicable grants and rebates. It cannot provide any funds from its General Fund. Any additional costs for installation and/or ongoing maintenance and management would be the responsibility of the proposer and could be recouped through EV charger use revenues and the revenue share licensing agreement with the City of St. Helena. A portion of parking spots served by EV chargers at St. Helena Public Library and Crane Park may be available to all vehicles until demand builds for more optimal utilization. EV chargers at the St. Helena Corp Yard are expected to be available at no cost to City vehicles and/or staff (City would pay electricity bill). For use of Communities in Charge grant funds: Project Site and provide their final Payment Request Form to the CALSTART Project Team no later than December 20, 2025.

IV. DELIVERABLES
The proposer shall provide the following deliverables:
• Engineering and Design
o The proposer will provide engineering and design plans for each site determined feasible for construction and collaborate with City of St. Helena and PG&E to ensure conditions can be met.

Location Number of Chargers, Parking Stalls, Funding Source(s) St. Helena City Hall
1088 College Avenue
St. Helena, CA 94574
Ten (10) Level 2 EV Chargers:
• Three (3) Dual Ports, six (6) parking stalls
• Four (4) Single Ports, four (4) parking stalls
Funding Sources:
• TCFA, MCE
St. Helena Corp Yard
1405 Charter Oak
St. Helena, CA 94574
Four (4) Level 2 EV Chargers
• Two (2) Dual Ports, four (4) parking stalls
• ADA NOT REQUIRED AT THIS LOCATION
Funding Sources:
• Communities in Charge, MCE
Crane Park
360 Crane Avenue
St. Helena, CA 94574
Eight (8) Level 2 EV Chargers
• Three (3) Dual Ports, six (6) parking stalls
• Two (2) Single Ports, two (2) parking stalls
Funding Sources:
• Communities in Charge, MCE
St. Helena Public Library
1492 Library Lane
St. Helena, CA 94574
Four (4) Level 2 EV Chargers
• One (1) Dual Ports, 2 (2) parking stalls
• Two (2) Single Ports, two (2) parking stalls
Funding Sources:
• Communities in Charge, MCE
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CITY OF ST. HELENA | REQUEST FOR PROPOSALS | EFFICIENCY AND BUSINESS TRANSFORMATION PAGE 6
• Permitting and Environmental Review
o The proposer will complete all necessary approvals and permits and environmental review including CEQA (if needed) and NEPA clearance required to install EV chargers at the identified sites.
• Licensing Agreement
o The proposer will enter into a licensing agreement with the City to install, operate and maintain Level 2 and DCFC at identified City-owned locations for an initial period of ten (10) years with a revenue share and/or space rental model between provider and City.
• Install EV Chargers
o The proposer will perform all necessary work to install EV chargers identified in licensing agreement, including any necessary infrastructure upgrades and obtain any additional grant funding, with City support as necessary, to offset costs of installation and operation.
• Maintain and Operate EV Charging Network
o The proposer will maintain and operate the EV charging network in its entirety after installation for the following ten (10) years. The proposer will be solely responsible for: repairs to the charging infrastructure due to natural wear-and-tear, EV charger technology upgrades and/or changes, driver negligence, vandalism, graffiti, an act of God, or any other occurrence, maintaining the online system that receives payments and allows for operation of the EV chargers, ensuring the charging network is working properly and at all times, and responding swiftly and reasonably to any outages or disruptions to an EV charger.

V. SCHEDULE
Responses to the RFP must be submitted to the City of St. Helena as outlined in this section.

Responses are due no later than
THURSDAY, JULY 3, 2025 AT 5:00 PM
Responses received after this date and time will not be considered.

PROPOSED SCHEDULE FOR THE REVIEW AND SELECTION PROCESS

AND DESIRED TIMELINES FOR DELIVERABLES

MILESTONE DATE TIME
Release RFP June 10, 2025 2:00 PM
Proposal due date July 3, 2025 5:00 PM
Review and scoring of submittals & conduct interviews Week of July 7 Award of Agreement July 22, 2025 6:00 PM
Project Begins July 28, 2025
Project Concludes Before December 20
The schedule may be modified and/or extended if necessary.

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VI. PROPOSAL SUBMISSION REQUIREMENTS
If interested in this RFP, please notify Andrew Bradley by email at [email protected] so you may be added to the notification list for addendums.

Failure to notify could result in missing important and required information and could result in disqualification.

Interested firms should submit a proposal that includes:
• Firm background and relevant experience.
• Detailed project timeline and deliverables.
• Team composition and qualifications.
• References from past clients with similar projects.

All submittals must be received by 5:00 PM on July 3, 2025, via e-mail as follows:

1. Submittals must be e-mailed to: [email protected]

2. Subject line of e-mail must read: RFP – Public Electric Vehicle Charging Stations

3. The submittals shall be in PDF format with search capability to ensure readability and compatibility. All submitted material will be retained by the City of St. Helena and considered public information.

It is the sole responsibility of the proposer to ensure timely delivery. Late proposals will not be considered.

VII. EVALUATION PROCESS
The proposals will be reviewed by a committee selected by the City Manager and may include members of the City Council. Proposers may be required to make oral presentation as a supplement to their proposals. The virtual presentation would only be held subsequent to the receipt of the proposals and will be part of the evaluation/interview process to determine the qualifications of the firm.

Evaluation considerations may include, by way of illustration and not by limitation, the following:
a. Responsiveness of the proposal in clearly stating the understanding of the work to be performed and in demonstrating the intention and ability to perform the work. b. Consultant’s experience in conducting similar work.
c. Proposers plan to utilize funding sources and revenue share with City. d. References and past performance.

VIII. PROPOSAL TERMS AND CONDITIONS

1. EXAMINATION OF PROPOSAL MATERIALS
The submission of a proposal shall be deemed a representation and warranty by the proponent that it has investigated all aspects of the RFP, that it is aware of the applicable facts pertaining to the RFP process and its procedures and requirements, and that it has read and understands the RFP. No request for modification of the provisions of the proposal shall be considered after its submission on the grounds the proponent was not fully informed as to any fact or condition.

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2. ADDENDA INTERPRETATIONS
If it becomes necessary to revise any part of this RFP, a written addendum will be provided to each firm that requested to be added to the notification list, and said addenda will be uploaded to the City website. The City of St. Helena is not bound by any oral representations, clarifications, or changes made in the RFP by the City or its agents, unless such clarifications or change is provided in written addendum from the City of St. Helena.

3. DESIGNATED CONTACT
For the purposes of this RFP, the Program Manager is designated as the contact person.

Any questions concerning the scope of work and the selection process shall be directed to Andrew Bradley at [email protected]. Any and all questions and responses concerning this RFP will only be accepted in writing, via email. All questions must be received by June 26, 2025, by 5:00PM.

Responses to questions will be posted on the City’s website, cityofsthelena.gov/rfps, and will become part of the RFP. It is the consultant’s responsibility to check the website for updates.

4. PUBLIC RECORDS
This RFP document and all submittals in response thereto are public records. Prospective consultants are cautioned not to include any material into the proposal that is strictly proprietary in nature.

5. PROPOSAL COSTS
All costs associated with the preparation of RFP submittals shall be borne by the respondent. This RFP does not constitute any form of offer to contract.

6. RESERVATION OF RIGHTS
The City reserves the right, for any reason, to accept or reject any one or more proposals; to negotiate the terms and specifications of the proposal; to modify any part of the RFP; or issue a new RFP.

7. PRODUCT OWNERSHIP
Any documents resulting from the contract will be the property of the City.

8. PROFESSIONAL SERVICES AGREEMENT
All proposers must identify in their proposal any terms and conditions of the sample Professional Service Agreement (Exhibit B) that they wish to negotiate. Insurance is required as outlined in Section 7 of the sample agreement.

9. CAUSES FOR DISQUALIFICATION
Any of the following may be considered cause to disqualify a proponent without further consideration:
- Evidence of collusion among proponents;
- Any attempt to improperly influence any member of the evaluation panel; - A proponent's default in any operation of a professional services agreement which resulted in termination of that agreement; and/or
- Existence of any lawsuit, unresolved contractual claim, or dispute between proponent and the City.

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CITY OF ST. HELENA | REQUEST FOR PROPOSALS | EFFICIENCY AND BUSINESS TRANSFORMATION PAGE 9
IX. Exhibit A – Addendum/Attachment List

1. See included attachments
a. City Hall - 1088 College Ave - Charging Evaluation Report b. City Hall - 1088 College Ave - Cost Estimates
c. City Hall - 1088 College Ave - Project Information Form - FYE 2025 - St. Helena d. City Hall - 1088 College Ave - St. Helena EV Infrastructure FYE 2026 e. City Hall - 1088 College Ave - TFCA Napa County Guide to TFCA FYE 2025 f. Corp Yard - 1405 Charter Oak Ave - Charging Evaluation Report g. Corp Yard - 1405 Charter Oak Ave - Cost Estimates
h. Corp Yard - 1405 Charter Oak Ave - Communities in Charge Incentive Recipient Agreement Wave 3 - Signed 2
i. Crane Park - 360 Crane Ave - Charging Evaluation Report j. Crane Park - 360 Crane Ave - Cost Estimates
k. Crane Park - 360 Crane Ave - Communities in Charge Incentive Recipient Agreement Wave 3 - Signed 3
l. Library - 1492 Library Lane - Charging Evaluation Report m. Library - 1492 Library Lane - Cost Estimate
n. Library - 1492 Library Lane - Communities in Charge Incentive Recipient Agreement Wave 3
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Public Electric Vehicle Charging Stations RFP
For
City of St. Helena
Prime Contractor: bodeEV Install & Services Inc.

Partners: Autel Energy and AmpUp
Address: 2375 East Camelback Road, Suite 600 Phoenix, Arizona 85016 Phone: 949-521-3386
Website: www.bodeEV.com
Primary Contact: Sam Ta
Email: [email protected], Phone: 425-229-8083
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your partner in EV installs
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Cover Letter
City of St. Helena
Attn: Andrew Bradley
[email protected]
Subject: Proposal Submission – Public Electric Vehicle Charging Stations Dear Mr. Bradley,
As St. Helena continues advancing its clean mobility and sustainability goals, we’re excited to support your expansion of public EV charging—bringing reliable, accessible infrastructure to parks and public parking areas. At BodeEV, we don’t just install chargers—we make EV charging work for cities, for people, and for the future.

We are pleased to submit our turnkey proposal for the City’s Public EV Charging Stations project. With a fully integrated design-build-operate approach, our inhouse EVITP-certified team, and trusted technology partners in Autel Energy (hardware) and AmpUp (CMS), we bring a solution that’s fast, cost-efficient, and built to last. Both partners are fully compliant and aligned with your objectives.

Our motto—EV Charging that just works—reflects our commitment to operational reliability, ease of use, and responsive service. That’s especially critical for a smalltown community like St. Helena, where public amenities must consistently serve residents and visitors alike.

Rooted in our founding values—Become the solution, Optimized partnerships, Dependability without fail, and Energy to lead—we show up, we get it done, and we stand behind every charger we install.

We appreciate the opportunity to contribute to your electrification efforts and build long-term value for your community. Our full proposal is enclosed, and we welcome any follow-up questions.

Warm regards,
Brendan O’Donnell
Brendan O’Donnell
President, Community Development
BodeEV Inc.
[email protected] | 949-521-3386
https://bodeev.com
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2375 East Camelback Road, Suite 600
Phoenix, Arizona 85016 3
Table of Contents
Cover Letter...........................................................................................................................................................................2 I. Firm Background and Relevant Experience .....................................................................................4 II. Detailed Project Timeline and Deliverables......................................................................................5 III. Revenue Share & Grant Recovery Plan.................................................................................................9 IV. Team Composition and Qualifications ...............................................................................................12 V. References from Past Clients with Similar Projects...................................................................16 Appendix A: Compliance Matrix – RFP Requirements and BodeEV Response................18 Agenda Item #10.12.

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I. Firm Background and Relevant Experience
BodeEV Inc. is a California-based C-10 licensed electrical contractor specializing in turnkey EV charging infrastructure for public agencies, municipalities, school districts, and transportation authorities. Our EVITP-certified workforce and project management team bring over two decades of combined field experience across all stages of the EVSE lifecycle—planning, design, installation, commissioning, operations, and maintenance.

At BodeEV, our value proposition is clear: EV charging that just works. We respond quickly, install efficiently, and maintain relentlessly. With a mission rooted in accountability and long-term performance, we
design and deliver public charging systems that
are accessible, grant-compliant, and built to serve
communities reliably for years.

Our technology partners further strengthen our
offering:
• Autel Energy is a globally recognized EVSE
manufacturer whose Level 2 public chargers
are ADA-compliant, durable, and designed
for future-proof expansion. Their units are
approved for Communities in Charge, TFCA,
and MCE-funded projects.
• AmpUp is a California-based Charge Management Software (CMS) provider with a track record of working with local governments. Their cloud-based platform supports remote diagnostics, smart load management, dynamic pricing, driver support, and revenue sharing—while also producing auditready reports for grant compliance.

Together, we have delivered multiple publicly funded EV projects across California that met the most stringent requirements of the ADA, CEC/NEC, and various citywide planning standards. We are confident our team has the experience, tools, and commitment to meet the expectations outlined in this RFP, including seamless integration with PG&E, future site expansion, and full lifecycle support for 10+ years.

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II. Detailed Project Timeline and Deliverables
At BodeEV, we understand that this initiative is about more than infrastructure—it’s about helping St. Helena expand access to reliable, inclusive, and grant-aligned EV charging that supports both residents and visitors, while protecting the City’s smalltown character and fiscal responsibility.

BodeEV Inc. is a California-based C-10 licensed electrical contractor and EV infrastructure firm specializing in turnkey, design-build-operate services. Our EVITPcertified team brings over two decades of hands-on experience delivering public EV charging projects for municipalities, transportation agencies, and school districts across the state. Our work is defined by three core values: responsiveness, reliability, and results.

We’ve partnered with two best-in-class
technology providers to meet and exceed
the City’s requirements:
• Autel Energy offers rugged, ADAcompliant Level 2 hardware with dual- and single-port options,
energy management capabilities,
and a future-ready design—
approved under Communities in
Charge, TFCA, and MCE programs.
• AmpUp, a California-based CMS provider, enables 24/7 remote monitoring, configurable access control, usage analytics, and revenue-sharing features— all within a secure and scalable software platform. Their systems ensure grant compliance, uptime transparency, and intuitive user experiences.

Together, our team delivers what matters most: a complete, proven, and customercentered EV charging solution—from permitting and trenching to software onboarding and 10-year maintenance support.

Execution Plan and Project Timeline
We’ve structured our approach to meet your goal of launching by July 28, 2025, and completing all installations by December 20, 2025, in time for Communities in Charge reimbursement. Our phased, milestone-based plan ensures full alignment with City Agenda Item #10.12.

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Phoenix, Arizona 85016 6
expectations, utility timelines, and grant requirements—while minimizing disruption to City operations and the public.

Our timeline is informed by prior projects with similar constraints and grant program expectations. Key stages are mapped below, with emphasis on deliverables, dependencies, and impact.

Phase Key Activities Dates Deliverables /
Benefits

1. Kickoff & Site
Verification
City kickoff, site walks,
CLEAResult
coordination
Week of July 28,
2025
Verified site conditions,
updated design
assumptions,
stakeholder alignment

2. Design &
Engineering
Autel layout, load calcs,
ADA slope checks,
trenching paths
Aug 1–16 PE-stamped site plans
for 4 locations, ready for
permitting submission

3. Permitting &
Utility
Coordination
CEQA, PG&E load letters,
City approvals
Aug 5 – Sept 6 Permit submittals, PG&E
applications, CEQA
exemption letters if
needed

4. Procurement &
Staging
Charger order,
switchgear, materials
kitted
Aug 15 – Sept 10 Equipment delivery
scheduled to site;
staging for just-in-time
construction

5. Construction &
Installation
Trenching, conduit,
bollards, signage,
charger set
Sept 9 – Oct 15 ADA-compliant install,
safe pathways, stubbed
conduit for expansion

6. CMS & Network
Integration
AmpUp activation, API
testing, branding
Oct 16 – Oct 24 CMS live with Citybranded interface,
pricing control, realtime analytics

7. Staff Training &
System Handover
City walkthrough, SLA
onboarding, doc
handoff
Oct 25 – Oct 31 O&M manual, escalation
flowchart, keyholder
access, service line
ready
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8. Operations &
Long-Term
Support
Warranty
management, remote
diagnostics, field
service
Nov 2025 –
Nov 2035
99% uptime SLA;
monthly reports; nocost replacements
under warranty
This timeline positions the City to receive Communities in Charge reimbursement well in advance of year-end closure while giving City staff and stakeholders ample time to be onboarded and trained.

Key Deliverables
• Final stamped engineering and layout plans for each site • ADA-compliant charging infrastructure across public locations • Permit approvals and utility coordination with PG&E
• Fully deployed Autel L2 hardware with grant eligibility • AmpUp CMS live with remote diagnostics and data reporting • Customized City-branded interface and public signage
• O&M playbook, escalation protocols, and 10-year SLA with 99% uptime target Insurance and Risk Management
BodeEV understands the City’s expectations for accountability and safeguarding public assets. We will maintain insurance coverage consistent with the City of St.

Helena’s Professional Services Agreement (Exhibit B), including general liability, auto liability, and workers’ compensation. This insurance will address potential liabilities arising from driver negligence, vandalism, or accidental damage to the EV charging equipment during the agreement term. By aligning with City requirements, we ensure both parties remain protected without imposing undue financial risk on either the City or BodeEV.

Corp Yard Access and Availability
At the Corp Yard location, BodeEV will configure the AmpUp CMS platform to register City fleet vehicles for prioritized charging, while enabling time-based access controls. This feature allows the City to restrict public charging during business hours or other designated periods, ensuring chargers remain reliably available for City operations. Outside these times, chargers can be opened to public use at market rates, optimizing utilization while maintaining priority access for City needs.

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City Hall Site Coordination
We recognize the City Hall site at 1088 College Avenue is situated on land leased from Napa Valley College. BodeEV will work collaboratively with both the City and Napa Valley College representatives to secure necessary permissions and approvals, ensuring all installation and
operational activities are coordinated,
transparent, and fully compliant with
property requirements.

Community Engagement
Although the City has not set formal outreach
goals for this project, BodeEV welcomes
opportunities to support public awareness. At
the City’s request, we can provide materials
such as charger guides, FAQs, or participate
in community events to help residents and visitors understand and benefit from the new EV charging network. This optional support is offered to complement the City’s communications and encourage broad community adoption of EV infrastructure.

Why It Works for St. Helena
This project isn’t just about delivering chargers—it’s about delivering trust. With a commitment to quality, uptime, and community responsiveness, we offer a solution that supports St. Helena’s identity as a service-first, small-town city committed to sustainability and fiscal stewardship. Every step of our proposal—from design to operations—is geared toward protecting your time, your community experience, and your infrastructure investment.

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III. Revenue Share & Grant Recovery Plan
The City of St. Helena seeks to expand public EV charging access while preserving General Fund resources. BodeEV proposes a hybrid public-private partnership that leverages upfront grant funding and a structured long-term revenue-sharing model.

This approach ensures financial viability, public benefit, and sustainable operations— without requiring any City capital expenditure.

Grant Recovery and Cost Coverage Strategy
The four proposed sites—1088 College Ave, Library Lane, Corp Yard, and Crane Park— have been analyzed using a conservative Level 2-only deployment plan. Our cost estimates assume a competitive bidding environment with at least three contractor bids and pre-bid site walks. The estimated total project cost and updated confirmed incentive funding are summarized below:

Summary of Estimated Project Costs – City of St. Helena EV Charging Sites Location Total Project
Cost
Incentives Net Cost (VendorFunded)Cost/Port
1088 College
Ave
$145,300 $75,000 $70,300 $7,030
Library Lane $66,600 $14,000 $52,600 $13,150
Corp Yard $60,300 $26,000 $34,300 $8,575
Crane Park $101,100 $52,000 $49,100 $6,138
TOTAL $373,300 $167,000 $206,300 —
BodeEV proposes to front the $206,300 net cost not covered by incentives, assuming full responsibility for design, equipment procurement, installation, and comprehensive operations and maintenance over a 10-year term. We will recover this investment through charging fees under a structured revenue-sharing agreement with the City.

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Revenue Sharing Framework
To balance sustainability and transparency, we propose the following revenuesharing model:

Fee Type Rate / Terms Notes
EV Driver Usage
Fee
$0.25–$0.35 per kWh
(configurable)
Rate set jointly with the City; adjustable
via AmpUp CMS
Gross Revenue
Split
50% City / 50% BodeEV Net of taxes, transaction fees, and CMS/network fees
Monthly
Reporting
Included Real-time visibility via AmpUp
dashboard
Remittance
Timing
Monthly or Quarterly Flexible, based on the City’s preference Optional Models:
• License Fee Model: A fixed monthly or annual fee paid to the City per port, independent of usage.
• Hybrid Model: A base license fee plus revenue share for usage above an agreed threshold.

Revenue Model Projections
The following projections estimate potential annual revenue from public charging across the 26 installed Level 2 ports, assuming a $0.30/kWh usage rate and an average session size of 10 kWh:

Scenario Utilization Monthly
Revenue
Annual
Revenue
City Share
(50%)
BodeEV
Share (50%)
Best Case 70% $33,800 $405,600 $202,800 $202,800
Moderate
Case
40% $19,400 $232,800 $116,400 $116,400
Low Case 20% $9,700 $116,400 $58,200 $58,200
Note: These projections assume steady utilization growth over time, with BodeEV’s breakeven point estimated between years 6–8 under conservative scenarios.

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Electricity Cost Responsibility
To ensure financial transparency and alignment with the City’s preferences, BodeEV proposes the following approach regarding electricity costs:
• Public Sites (College Ave, Library Lane, Crane Park): BodeEV will cover the cost of electricity consumed during public charging sessions and recover these costs through EV driver usage fees.
• Corp Yard Site: If the City prefers to reserve these chargers primarily for City fleet vehicles, BodeEV will enable registration of City vehicles within the AmpUp system, allowing them to charge at no cost to the City (with the City covering electricity directly). Unregistered public users would pay standard usage fees inclusive of electricity costs.
• BodeEV is open to collaborating with the City to finalize electricity payment responsibilities for each site, ensuring compliance with grant requirements and operational clarity.

Strategic Partnership Vision
BodeEV is committed to building a transparent,
collaborative partnership with the City, and welcomes the opportunity to formalize this relationship through:
• A 10-year site license agreement granting BodeEV
access to City-owned properties for installation,
operations, and maintenance.
• A jointly defined revenue-sharing plan that can adapt based on performance and utilization growth.
• Ongoing collaboration with the City and grant administrators to secure future funding opportunities.
• A shared commitment to expanding public EV access, ensuring cost equity, and advancing regional climate action goals.

This partnership model provides the City of St. Helena with a no-cost pathway to deploy high-quality EV infrastructure, generate recurring revenue, and offer clean mobility access to residents and visitors—without burdening the municipal budget.

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IV. Team Composition and Qualifications
BodeEV is proud to bring together a team of
seasoned professionals who have not only built and
managed complex EV infrastructure projects—but
who also understand the deeper mission of this
initiative: delivering EV charging that just works for
the people of St. Helena. Our team is unified around
reliability, accessibility, and long-term success—
because we know public trust is earned over time
through performance, not promises.

At the heart of our execution model is a culture driven by B.O.D.E.—the foundation of how we operate:
• B – Become the Solution: We roll up our
sleeves, take ownership, and resolve issues fast.
• O – Optimized Teaming: Our collaborative approach ensures design, construction, and operations are always aligned with the City’s evolving needs.
• D – Dependability: We show up, we get it done—and we never leave the City or its residents hanging.
• E – Energy to Lead: We bring the momentum needed to meet tight timelines and deliver transformative outcomes.

Organization-Wide Commitment to Performance
Together with our strategic partners—Autel Energy (hardware) and AmpUp (CMS)— we deliver full-scope design-build-operate services. From site walks and permitting to commissioning and ten-year maintenance, our internal alignment and shared accountability ensure consistent service quality at every phase.

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To uphold the City’s small-town values and public service mission, BodeEV enforces industry-leading Service Level Agreements (SLAs):

SLA Commitment Target Response Time
Remote diagnosis and triage Within 2 hours
On-site technician dispatch Within 24 hours
Licensed electrician deployment Within 48 hours (if escalated) Charger swap-out (if needed) Within 2 hours of diagnosis Uptime Performance Target 99% annual charger availability These standards exceed typical industry practices and are critical to ensuring continuous uptime, public trust, and grant compliance over the full 10-year contract term.

Key Team Members
Name Role Company Summary of Qualifications
Brendan
O'Donnell
Project
Sponsor
BodeEV Co-founder of BodeEV and former ChargePoint
executive with 15+ years in EV infrastructure.

Brendan drives project strategy, community
alignment, and accountability for long-term
service outcomes.

Jeff
Mandell
Prime
Contractor
Lead
BodeEV Oversees project execution, compliance,
subcontractor coordination, and quality control
across all workstreams. Jeff ensures all
commitments align with the City’s permitting,
ADA, and NEVI-ready expectations.

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Jesse
Garcia
Service Desk
& O&M Lead
BodeEV Leads our 10-year maintenance strategy.

Manages technical support, preventative
inspections, and field repairs—ensuring the
network delivers on performance KPIs.

Eric Chan Hardware &
Warranty
Lead
Autel
Energy
Manages all Autel charger delivery, preconfiguration, site-level commissioning, and warranty escalation processes. Supports
seamless hardware integration and ADA
compliance.

Brian Levin CMS
Integration &
Training
AmpUp Leads CMS deployment and training for City
staff. Oversees CRT compliance, CMS branding,
data reporting, and revenue-sharing setup to
support both operational insight and public
transparency.

This high-performing team is united around a shared objective: delivering a charging network that supports the City of St. Helena’s vision for clean mobility, community service, and lasting public value—with the operational discipline and customer-first mindset to back it up.

Understanding the City’s Goals: What This Project Means for St. Helena St. Helena is more than a city—it’s a destination. With a historic downtown, worldclass wineries, and breathtaking scenery, it draws thousands of visitors each year while maintaining a close-knit, small-town atmosphere for its 6,000 residents. As a full-service city operating with a $22 million General Fund, every infrastructure investment must be thoughtful, efficient, and aligned with long-term community benefit.

The City has already taken an important first step by deploying six Level 2 Tesla chargers at City Hall. However, these chargers are frequently occupied by City staff, fleet vehicles, and community members—leaving little room for visitors or growing EV adoption. With demand rising, the City now seeks to expand EV charging access across multiple public-facing locations: parks, libraries, and civic parking lots.

But this is more than just adding chargers. It’s about delivering a consistent, visible, and reliable public service that:
• Supports clean transportation and local air quality,
• Reinforces St. Helena’s reputation as a forward-thinking, eco-conscious community,
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• Makes EV adoption more accessible for everyday families, and • Enhances the visitor experience without straining the City’s limited resources.

How We Help the City Achieve These Goals
BodeEV’s proposal isn’t just a plan to install hardware—it’s a commitment to partnership. As a California-based contractor and operator, we understand the balance between performance, community impact, and fiscal responsibility. Here's how our approach directly supports the City's objectives:
• Preserving Small-Town Character: Our
design and install work integrates with City
aesthetics and ADA requirements, using
compact, low-profile chargers and signage
that complement—not disrupt—historic
streetscapes and park settings.
• Delivering High-Quality Service: Through our
Service Level Agreements (SLAs), we commit
to 2-hour remote triage, 24-hour on-site
response, and 99% uptime—ensuring these
assets function like the public utilities they are.
• Enabling Access Without Burdening the General Fund: We align all equipment, designs, and reporting with TFCA, MCE, and Communities in Charge funding—minimizing City costs while maximizing long-term ROI via revenue-sharing or space licensing agreements.
• Serving Residents and Visitors Equally: With charger placement at civic hubs like Crane Park and the Public Library, our solution offers walkable access for families, commuters, and tourists—supporting both environmental goals and local economic vitality.
• Planning for the Future: Our designs include capacity for future expansion, conduit stubbing, and network integration, so that the City can grow its EV infrastructure over time without duplicating effort or cost.

In short: This project isn’t just a technology upgrade—it’s a strategic investment in the City’s identity, sustainability, and service to its people. And BodeEV, together with our partners Autel and AmpUp, is here to help you make it work—today, tomorrow, and for the next decade.

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V. References from Past Clients with Similar Projects
BodeEV’s track record reflects more than technical capability—it shows a consistent pattern of responsiveness, reliability, and results. Whether working with municipalities, commercial fleets, or national operators, our team has delivered EV infrastructure that balances speed, compliance, and long-term value. Each of the following clients engaged us for solutions that mirror the City of St. Helena’s needs:
grant-eligible charging stations, ADA-compliant infrastructure, public and fleet access, and ongoing O&M with real accountability.

Client Project Scope Dates Contact
EVPassport –
National Rollout
Public Charging
Infrastructure
Nationwide
design-build
partnerships for
Level 2 and
DCFC
deployment,
including
make-ready
construction,
utility
coordination,
CMS activation,
and system
commissioning.
2024–Present Cody Thornton,
VP
Infrastructure &
Deployment
Email:
cthornton@evp
assport.com
Phone: (310)
704-9658
Laguna Niguel
Hyundai
Commercial EV
Charger Repairs
Responsive
service and
equipment
replacement for
two publicfacing EV
chargers
(addressed
twice),
demonstrating
our
commitment to
uptime,
diagnostics,
2024–2025 Tim Bright
Email:
t@lncadillacgm
c.com
Phone: (949)
212-0651
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and swap-out
service SLAs.

Greenwealth Urban Fleet
Electrification
$5M project
involving
turnkey fleet
depot design,
civil and
electrical work,
charger
deployment,
and full lifecycle
support.

Delivered under
strict
performance
KPIs and
funding
compliance.
2023–2025 Nicole Landers
Email:
nicole.landers@
greenwealth.com
Phone: (323)
377-4356
City of
Carlsbad
Municipal EVSE
Service
Ongoing
preventative
maintenance
and repair
services for BTC
chargers across
multiple city
locations, with
monthly site
visits,
diagnostics,
and system
availability
tracking.
2023–2025 Brad Northrop
Email:
bradley.northup
@carlsbadca.g
ov
Phone: (760)
473-1267
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So What? What This Means for the City of St. Helena
These projects showcase our deep understanding of what public agencies value most: transparency, compliance, and performance. From city hall parking lots to public libraries and parks, we’ve proven our ability to:
• Deliver grant-aligned solutions that comply with ADA, NEC/CEC, CEQA, and public procurement standards
• Manage full lifecycle needs—from initial site planning to long-term maintenance and software integration
• Keep public assets online with responsive SLAs that prioritize uptime and community satisfaction
• Operate within constrained municipal budgets while identifying funding offsets and maximizing ROI
Each of these clients selected BodeEV not just for installation expertise, but for our reliability and partnership mentality—exactly what we offer to the City of St. Helena as well.

Appendix A: Compliance Matrix – RFP Requirements and BodeEV Response RFP Requirement /
Evaluation Criteria
BodeEV Response Summary Section(s)
Referenced
Design, installation, and
maintenance of Level 2 EV
chargers
Full turnkey delivery model including
design, permitting, build, and 10-year
O&M
Firm Background;
Timeline; Team
Compliance with ADA, NEC,
CEC, Title 24, and CEQA/NEPA
if required
All hardware ADA-compliant;
engineering team experienced with
NEC/CEC; CEQA addressed in
permitting phase
Execution Plan;
Timeline
Use of equipment eligible for
Communities in Charge,
TFCA, and MCE grant
programs
Autel and AmpUp are pre-approved
and currently in use in grant-funded
projects across California
Firm Background;
References
Ability to coordinate with
PG&E for new/expanded
electric service
Included in Phase 1 and 3 of
Execution Plan; experience
Execution Plan;
Timeline
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coordinating utility upgrades with
PG&E
Experience with similar
municipal/public EV projects
References include City of Carlsbad
and Greenwealth; extensive publicsector experience
References; Team
Bios
Plan to operate and maintain
chargers for 10+ years
SLA-backed 10-year O&M strategy
including preventative maintenance,
diagnostics, and swap-out support
Execution Plan;
Team; SLAs
Service Level Expectations 2-hour remote response, 24-hour site visit, 99% uptime; clearly defined
SLA enforcement protocol
SLAs; Team
Qualifications
Revenue-sharing model or
licensing agreement to
reduce City’s costs
Proposal includes flexible business
model to offset costs through usage
revenue share
Cover Letter;
Execution Plan
Ability to deliver project by
December 20, 2025
Timeline built backward from
December deadline; turnkey delivery
guaranteed by mid-October
Timeline;
Execution Plan
Accessibility for residents and
visitors at multiple civic sites
(parks, library, corp yard)
Charger placement at public-facing,
high-use sites with walkable, ADAcompliant access
Understanding the
City’s Goals
Responsiveness, clarity, and
quality of proposal
submission
All requested sections included;
formatting is clear; contact details
and experience are clearly
presented
Entire Proposal
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CITY OF ST. HELENA
RESOLUTION NO. 2025-__
Resolution authorizing the City Manager to Execute a License Agreement with BodeEV Inc. For the installation, operation, and maintenance of twenty-six (26) Level 2 public electric vehicle (EV) charging stations at four City-owned, operated, and/or leased locations for a term of ten (10) years

RECITALS
Whereas, the City of St. Helena is committed to advancing clean transportation solutions and reducing greenhouse gas emissions in alignment with statewide climate action goals; and
Whereas, the deployment of reliable, accessible electric vehicle charging infrastructure is essential to support local EV adoption by residents and visitors; and Whereas, the City issued a Request for Proposals (RFP) in June 2025 seeking a qualified vendor to design, install, operate, and maintain Level 2 EV charging stations at four City-owned sites—City Hall, St. Helena Public Library, Crane Park, and the City Corporation Yard; and
Whereas, the proposal submitted by BodeEV Inc. was deemed the most responsive, cost-effective, and aligned with the City's goals, offering a fully turnkey solution at no upfront cost to the City; and
Whereas, BodeEV Inc. has proposed a 10-year site license agreement that includes complete design-build services, grant-aligned equipment, long-term operations and maintenance, and a flexible revenue-sharing model benefiting the City; and Whereas, City staff and legal counsel have reviewed the terms of the proposed agreement and determined them to be in the best interest of the City of St. Helena.

RESOLUTION
Now, therefore, the City Council of the City of St. Helena hereby resolves as follows:

Authorizes the City Manager to execute a License Agreement and Site Agreement with BodeEV Inc. for the installation, operation, and maintenance of twenty-six (26) Level 2 electric vehicle charging stations at the following City locations:
• City Hall (1088 College Avenue)
• St. Helena Public Library Parking Lot
• Crane Park
• City Corporation Yard
Agenda Item #10.12.

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Approves a ten (10) year term for the agreement, with BodeEV Inc. responsible for all capital costs, design and permitting, installation, software integration, customer service, and long-term maintenance.

Authorizes the City Manager to take all other necessary actions to implement the project and meet grant deadlines.

Supports the project’s alignment with grant programs such as Communities in Charge and its role in advancing equitable, publicly accessible clean transportation infrastructure within the City.

Funding is as follows:

Description Fund GL Account Amount
No funding required N/A N/A 0
Total Not-To-Exceed 0
Approved at a Regular Meeting of the St. Helena City Council on July 22, 2025, by the following vote:

Mayor Paul Dohring:

Vice Mayor Deasy:

Council Member Barak:

Council Member Spadarotto:

Council Member Summers:

APPROVED: ATTEST:
________________________ ________________________
Paul Jamison Dohring, Mayor Erika Opp, Acting City Clerk Agenda Item #10.12.

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Signature Page to License Agreement

LICENSE AGREEMENT
This License Agreement (this “License”) is effective as of the date it is fully executed (the “Effective Date”) by and between Licensor (as defined below) (“Licensor” or “City”) and BodeEV Install & Services Inc., a California corporation (“Licensee”). Licensor and Licensee are each referred to herein as a “Party” and collectively as the “Parties.” Clause references are to clauses in the Key Terms, and section references are to sections in the General Terms and Conditions (Exhibit B). Exhibit A and Exhibit B are incorporated by reference in this License. In the event of a conflict between the Key Terms and Exhibit B, the Key Terms shall prevail.

Key Terms
(a) Licensor City of St. Helena, a California municipal corporation. (b) Property
(Section 1)
Commonly known as the following parking lots:

St. Helena City Hall (“SHCH”)
1088 College Avenue
St. Helena, CA 94574
St. Helena Corp Yard (“SHCY”)
1405 Charter Oak
St. Helena, CA 94574
Crane Park (“CP”)
360 Crane Avenue
St. Helena, CA 94574
St. Helena Public Library (“SHPL”)
1492 Library Lane
St. Helena, CA 94574
(the “Property”).
(c) Licensed Area
(Section 1)
As follows:
at SHCH:

Ten (10) parking spaces, ten (10) feet of additional parking width to provide disability access and approximately __________ square feet of space for equipment on the Property;
at SHCY:

Four (4) parking spaces, ten (10) feet of additional parking width to provide disability access and approximately _______________ square feet of space for equipment on the Property;
at CP:

Eight parking spaces, ten (10) feet of additional parking width to provide disability access and approximately _____________ square feet of space for equipment on the Property;
and
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Signature Page to License Agreement
at SHPL:

Four (4) parking spaces, ten (10) feet of additional parking width to provide disability access and approximately ______________ square feet of space for equipment on the Property
all as depicted on Exhibit A (the “Licensed Area”).
(d) Charging Stalls
(Section 1)
As follows:
at SHCH:

Ten (10) Level 2 EV Chargers:
• Three (3) Dual Ports, six (6) parking stalls
• Four (4) Single Ports, four (4) parking stalls;
at SHCY:

Four (4) Level 2 EV Chargers
• Two (2) Dual Ports, four (4) parking stalls
• ADA NOT REQUIRED AT THIS LOCATION;
at CP:

Eight (8) Level 2 EV Chargers
• Three (3) Dual Ports, six (6) parking stalls
• Two (2) Single Ports, two (2) parking stalls;
and
at SHPL:

Four (4) Level 2 EV Chargers
• One (1) Dual Ports, 2 (2) parking stalls
• Two (2) Single Ports, two (2) parking stalls;
all to the City’s reasonable satisfaction.

Parking spaces in the Licensed Area shall be outfitted for charging with DC charge posts (“EV Chargers”) and shall serve as dedicated charging stalls. (e) Due Diligence
Period (Section 2)
1 days following the Effective Date (“Due Diligence Period”) (f) Commencement
Date (Section 4)
Within 180 days following the end of the Due Diligence Period. (g) Base Term
(Section 5)
Ten years from the last day of the month in which the Commencement Date occurs (the “Base Term”).
(h) Renewal Term
(Section 5)
Not to exceed one (1) period of five years (“Renewal Term”). (i) Termination Notice
(Section 5)
At least eighteen (18) months (the “Notice Period”).

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Signature Page to License Agreement
(j) Special Terms and
Conditions
Licensee shall install the EV Station in accordance with its proposal and all applicable codes, permits, and regulations. Equipment shall include Autel Level 2 chargers and AmpUp charge management software. The EV Station shall be serviced at a level no less than that set forth in Licensee’s “SERVICE LEVEL AGREEMENT” document currently available at:
https://static1.squarespace.com/static/67c89f315cd9f85147f608d8/t /6819204591b9a546f3c94b3b/1746477126195/bodeEV+O%26M+Serv ice+Level+Agreement+042025v2.pdf
Licensee shall pay for electricity used at public sites (College Ave, Library Lane, Crane Park) at $100/month. This rate is mutually reviewable quarterly.

For the Corp Yard site, the City will pay for electricity used by City fleet vehicles IN WITNESS WHEREOF, the Parties have each caused an authorized representative to execute this License as of the date signed below.

LICENSOR: LICENSEE:

City of St. Helena, BodeEV Install & Services Inc.
a California municipal corporation a California corporation By: _______________________________ By: _______________________________ Name: Anil Comelo Name: _______________________________ Title: City Manager Title: _______________________________ Date: _______________________________ Date: _______________________________ E-mail for notices:
[email protected]
Phone number for urgent issues:
707-968-2743
E-mail for notices:
_________________
Phone number for urgent issues:
_________________
Agenda Item #10.12.

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Agenda Item #10.12.

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Exhibit A to License Agreement – Page 1 of 4

EXHIBIT A
Licensed Area
(Exact locations may vary slightly, but overall square footage and general areas are ancipated to remain the same).

City Hall*
Figure 3: Proposed EVSE Layout
*ancipated location is middle row, but will go further down to keep current chargers in place Agenda Item #10.12.

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Exhibit A to License Agreement – Page 2 of 4
Corp Yard
Figure 2: Proposed EVSE Layout
• ---
Agenda Item #10.12.

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Exhibit A to License Agreement – Page 3 of 4
Crane Park
Figure 2: Proposed EVSE Layout
Agenda Item #10.12.

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Exhibit A to License Agreement – Page 4 of 4
St. Helena Public Library
Figure 2: Proposed EVSE Layout
Agenda Item #10.12.

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US PG&E v.20230720 Exhibit B to License Agreement – Page 1 of 5 Exhibit B
General Terms and Conditions

1. Licensed Area. Licensor hereby grants to Licensee the right to use the Licensed Area pursuant to Section 6, to design, install, operate and maintain a EV Station (defined below), together with the right of ingress and egress to the Licensed Area. This License shall not create any leasehold interest in the Property.

The “EV Station” shall consist of: (a) EV Chargers, Wall Connectors (if indicated in Clause (d)), signage and power electronics equipment to provide charging to the charging stalls described in Clause (d) and other trade fixtures determined by Licensee that may include, without limitation, a canopy, solar panels, an energy storage system and fence or other visual barriers (collectively, the “Trade Fixtures”); and (b) necessary utility infrastructure, which may include, without limitation, a utility transformer, metering equipment, switchgear, conduit, wiring and foundations (collectively, the “Infrastructure”).

2. Due Diligence Period. Licensee shall have the option to terminate this License within the Due Diligence Period in the event that: (a) Licensee is unable to obtain all permits and approvals required by applicable governing bodies; or (b) Licensee, in its reasonable business judgment, determines that it would incur substantial unanticipated costs to complete Licensee’s Work (defined in Section 3) or that there is insufficient demand for charging to justify building the EV Station. In the event that Licensee terminates the License pursuant to this Section 2, Licensee shall deliver written notice of termination to Licensor and this License shall be of no further force or effect.

3. Alterations. Licensee shall, at its’ sole cost, make alterations to the Licensed Area to install the EV Station (“Licensee’s Work”). Licensee’s Work shall only occur after: (a) Licensor has approved the plans and specifications in writing; and (b) Licensee has obtained all permits and approvals required by applicable governing bodies. Once Licensee’s Work begins, it shall proceed with diligence and continuity until complete. Licensee may upgrade or replace its Trade Fixtures in its sole discretion during the Term, provided that any other alterations to the EV Station shall be approved in advance by Licensor. Licensor’s approval of the plans and specifications shall not be unreasonably withheld, conditioned or delayed. Licensee shall promptly repair any damage to the Property caused by Licensee, its agents, contractors and employees (collectively, “Licensee Parties”) while performing Licensee’s Work.

4. Commencement Date. The EV Station shall be operational (the “Commencement Date”) within the time period specified in Clause (f) of the Key Terms, provided that such time shall be extended to the extent a delay is due to permitting, utility, or other requirements beyond Licensee’s control.

Licensee shall deliver written notice to Licensor promptly following the Commencement Date to confirm such date as the start of the Base Term for recordkeeping purposes.

5. Term and Termination. The term of this License shall begin on the Commencement Date and shall expire at the end of the Base Term. Upon expiration of the Base Term, this License shall automatically renew for successive Renewal Terms (Renewal Term(s) together with the Base Term, the “Term”), subject to termination pursuant to this Section 5. Either Party, in its sole discretion and without cause, may terminate this License during any Renewal Term by delivering advance written notice of termination to the other Party specifying a termination date that follows the Notice Period and occurs during a Renewal Term.

6. Use. Licensee may use and occupy the Licensed Area during the Term to install, operate and maintain a EV Station and for incidental purposes, which may include generating photovoltaic electricity and operating an energy storage system, and for any other lawful use (the “Permitted Use”). Licensee is authorized to operate and collect payment for use of the EV Station year round, twenty-four (24) hours per day and seven (7) days per week.

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US PG&E v.20230720 Exhibit B to License Agreement – Page 2 of 5

7. Removal. On or before the final day of the Term, Licensee shall, at its’ sole cost, remove the Trade Fixtures, leave the Infrastructure in a safe condition, and restore the Licensed Area to the condition that existed as of the first day of the Term, subject to exceptions for reasonable wear and tear.

Licensor agrees that the Trade Fixtures are and shall remain the property of Licensee, and the Infrastructure shall become the property of Licensor upon termination of this License (except that Infrastructure upstream of the meter is and shall remain the property of the utility).

8. Utilities.

A. Service. Licensee agrees to arrange and pay the charges for all Licensee-related utility services provided or used in or at the Licensed Area during the Term. Licensee shall pay directly to the utility company the cost of installation of any and all such Licensee-related utility services and shall arrange to have the utility service separately metered. Licensor shall not be responsible for any damages suffered by Licensee in connection with the quality, quantity or interruption of utility service, unless the cause of the disruption or damage was Licensor’s gross negligence or intentional misconduct.

B. Access. Licensor grants to Licensee the right to receive utility services including but not limited to electric, and the right for the utility service supplier to construct, reconstruct, install, inspect, maintain, replace, remove, and use said utility services to serve the EV Station together with the right for the utility service supplier to ingress to and egress from said utility service facilities across the Property. Licensor grants the right for the utility service supplier to trim, cut down, and clear away or otherwise control any trees or brush within five (5) feet of said route. In addition, Licensor shall not erect or construct any building or other structure or drill or operate any well under or within five (5) feet of said route. Licensor agrees that Licensee may disclose a redacted copy of this License with the utility service provider.

9. Maintenance. Licensee shall be responsible for maintaining the EV Station at its’ sole cost (including repair and replacement of equipment, as necessary). Notwithstanding the foregoing, Licensor’s normal responsibility to maintain the common areas of the Property shall also apply to the Licensed Area, such as for trash removal, snow removal, repaving and restriping, and Licensor agrees to coordinate with Licensee on maintenance that will prevent the use of the EV Station. If Licensee determines that the Licensed Area needs additional trash cans, or if Licensor requests additional trash cans, Licensee shall provide such trash cans to Licensor at Licensee’s sole cost.

10. Licensor Covenants. Licensor represents that: (a) it owns or leases the Property and has the power and authority to enter into this License; (b) it has obtained any required consents to enter into this License; (c) the Property is not subject to any conditions, restrictions or covenants incompatible with the Permitted Use; (d) this License does not violate any agreement, lease or other commitment by which Licensor is bound; (e) it will not lease, license or commit the parking spaces within the Licensed Area to any third party during the Term; and (f) it will not perform or allow excavation in the Licensed Area during the Term without Licensee’s advance written consent, other than superficial repaving.

11. Default. It shall be an “Event of Default” under this License if either Party fails to perform or observe any material term or condition of this License and such failure continues for a period of thirty (30) days after receipt of written notice thereof from the other Party, provided, however, that if the nature of such default is such that it cannot reasonably be cured within such thirty (30) day period and the defaulting Party commences to cure within the thirty (30) day period and proceeds with diligence and continuity, then such Party shall have additional time to cure as is reasonably required.

12. Remedies. The Parties acknowledge and agree that, if an Event of Default by the other Party has occurred and is continuing, the non-defaulting Party may: (a) terminate this License upon thirty (30) days advance written notice; or (b) exercise any other remedy available at law or in equity.

Agenda Item #10.12.

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US PG&E v.20230720 Exhibit B to License Agreement – Page 3 of 5

13. Exclusions. Notwithstanding anything herein to the contrary, each Party expressly releases the other from any claims for speculative, indirect, consequential or punitive damages, including, without limitation, any lost sales or profits.

14. Indemnification. Except to the extent a claim arises from any negligence or willful misconduct of an Indemnified Party, or any breach or alleged breach of Section 24 by Licensor, Licensee hereby agrees to indemnify, hold harmless and defend Licensor, its directors, officers, managers, members, employees, agents and representatives (each an “Indemnified Party”) from all losses and liabilities, including court costs and reasonable attorneys’ fees, on account of or arising out of or alleged to have arisen out of any third party claim directly related to: (i) Licensee’s use of the Licensed Area; (ii) Licensee’s breach of this License; or (iii) bodily injury or damage to real or tangible personal property caused by the use of the Trade Fixtures.

15. Insurance. Through the duration of this License, Licensee shall maintain commercial general liability insurance with limits of not less than Two Million Five Hundred Thousand US Dollars ($2,500,000 USD) per occurrence and Four Million US Dollars ($4,000,000 USD) aggregate for combined single limit for bodily injury or third party property damage. The total limits above may be met by any combination of primary and excess liability insurance. A certificate evidencing such insurance shall be delivered to Licensor upon the execution of this License and upon reasonable request by Licensor.

Licensee shall include Licensor as additional insured on its commercial general liability and, if applicable to meet limit requirements, umbrella and/or excess insurance policies, with respect to liability for services provided under this License. Licensee will maintain worker’s compensation insurance in accordance with state and federal law. This requirement may be waived by Licensee if Licensee is a qualified self-insured in the state where the Licensed Area is located. Insurance shall be maintained with responsible insurance carriers with a Best Insurance Reports rating of “A-“ or better or through a formal self-insurance mechanism that has either (a) a Best Insurance Reports rating of “A-“ or better; or (b) a financial size category of “VI” or higher, provided, that if such selfinsurance program does not meet either (a) or (b), then Licensee’s use of self-insurance for the required coverages shall be subject to Licensor’s approval, not to be unreasonably withheld, conditioned or delayed.

16. Environmental Matters. Licensor represents and warrants that, to the best of its knowledge, the Licensed Area shall be delivered free of contamination that violates any applicable environmental law. Notwithstanding any provision in this License to the contrary, Licensor agrees that it will indemnify and hold Licensee harmless from all costs from, and Licensee shall have no liability for, any contamination of the Property, unless caused by Licensee Parties. Licensor is responsible for remediating to the extent required by applicable environmental law any contamination not caused by Licensee Parties, including any contamination encountered by Licensee Parties during construction.

17. Confidentiality. The Parties agree that any confidential or proprietary information or documentation provided to one Party by the other Party in connection with this License are confidential information, and the Parties agree not to disclose such confidential information to any person or entity during the Term and for a period of three (3) years thereafter, except as provided below. Licensee acknowledges that the Licensor is obligated by law to comply with the California Public Records Act (California Government Code section 7920.000 et seq. (formerly California Government Code section 6250 et seq.)), and pursuant thereto is required to provide any nonexempt records in its possession upon request by third parties. Licensee further acknowledges that information submitted to the Licensor pursuant to this License may be subject to disclosure pursuant to a Public Records Act request. Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, Licensor may not be in a position to establish that the information that Licensee submits is a trade secret or otherwise exempt from disclosure. If a request is made for information marked by Licensee as “Confidential”, Agenda Item #10.12.

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US PG&E v.20230720 Exhibit B to License Agreement – Page 4 of 5 “Trade Secret”, “Proprietary”, “Trade Secret and Proprietary” or by a similar term, Licensor will provide Licensee with reasonable notice to seek protection from disclosure by a court of competent jurisdiction. Licensor is not obligated to attempt to protect aforesaid materials and will merely notify Licensee that a Public Records Act request for the aforesaid materials has been received.

Additionally, the Parties may disclose confidential information (i) to their respective Affiliates, subcontractors, lenders, employees, financial, legal and space planning consultants, in each case that have a “need to know” such confidential information and have committed to treat the information as confidential under terms no less protective than the terms of this Section 17, provided that the Party disclosing such confidential information shall be liable for any disclosure by such authorized recipients, (ii) as permitted in Section 8 and Section 20, and (iii) as required by law. “Affiliate” of a Party is an entity that controls, is controlled by or is under common control with that Party, where “control” means possessing, directly or indirectly, the power to direct or cause the direction of the management, policies or operations of an entity, through ownership of voting securities, by contract or otherwise.

18. Publicity. Neither Party will use the other Party’s name, trademark or logo without obtaining the other Party’s prior written consent.

19. Notices. All notices, demands and approvals shall be in writing and shall be delivered to the electronic mail addresses provided on the signature page, and shall be deemed given on proof of transmission. Either Party may change their respective address for notices by giving written notice of such new address in accordance with this Section 19.

20. Incentives. Licensor agrees that Licensee shall own and receive the benefit of all Incentives derived from the construction, ownership, use or operation of the EV Station, including, without limitation, from electricity delivered through, stored at or generated by the EV Station. Licensor will cooperate with Licensee in obtaining all Incentives, provided that Licensor is not obligated to incur any out-ofpocket costs in doing so unless reimbursed by Licensee. If any Incentives are paid directly to Licensor, Licensor agrees to immediately pay such amounts over to Licensee. “Incentives” means (a) electric vehicle charging or renewable energy credits or certificates, carbon credits and any similar environmental or pollution allowances, credits or reporting rights, (b) rebates or other payments based in whole or in part on the cost or size of equipment, (c) performance-based incentives paid as periodic payments, (d) tax credits, grants or benefits, and (e) any other attributes, commodities, revenue streams or payments, in each of (a) through (e) under any present or future law, standard or program and whether paid by a utility, private entity or any governmental, regulatory or administrative authority. Licensor agrees that Licensee may disclose a redacted copy of this License if necessary to obtain Incentives. Notwithstanding the foregoing, Licensee shall pay the Licensor fifty percent (50%) of gross revenues generated from the EV Station, net of taxes, network fees, and transaction processing charges. Regardless of revenue, Licensee guarantees a minimum annual payment of $1,000 per site per year to the Licensor. Payments to the Licensor shall be made quarterly within thirty (30) days after the end of each quarter, along with a detailed revenue report generated via the AmpUp CMS.

Licensor shall have the right to audit Licensee’s financial records related to the EV Station operations.

21. Governing Law. This License shall be construed and enforced in accordance with the laws of the state in which the Licensed Area is located.

22. Entire Agreement. Each Party acknowledges and agrees that it has read and understood this License, and that it represents the entire agreement and understanding of the Parties with respect to the subject matter herein and supersedes all prior agreements, communications, or understandings, whether oral or written, with respect to the subject matter herein.

Agenda Item #10.12.

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US PG&E v.20230720 Exhibit B to License Agreement – Page 5 of 5

23. Assignment. Licensee shall not assign this License nor sublicense the Premises without the prior written consent of Licensor, which shall not be unreasonably withheld, conditioned or delayed; provided that the foregoing prohibition shall not limit Licensee’s ability to transfer this Agreement to a Licensee Affiliate.

24. Miscellaneous. This License may be executed in counterparts, each of which shall be deemed an original and all of which together will constitute one agreement. Electronic signatures and other signed copies transmitted electronically in PDF or similar format shall be treated as originals. If any provision of this License is invalid or unenforceable, the remainder of this License shall not be affected, and each provision shall be valid and enforceable to the fullest extent permitted by law.

Any outstanding payment obligations and the terms of Section 17 shall survive termination of this License. This License shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns. Unless this License is terminated as expressly provided herein, this License shall survive any sale or transfer of Licensor’s interest in the Property or Licensed Area.

Each Party shall comply with all applicable codes, laws and ordinances in fulfilling its respective obligations under this License. Licensee shall promptly remove or bond any liens placed on the Property as a result of any claims for labor or materials furnished to Licensee at the Licensed Area.

This License is subject and subordinate to all ground or superior leases and to all mortgages which may now or hereafter affect such leases or the Property, and to all renewals, modifications, consolidations, replacements and extensions thereof; provided that Licensee’s rights under this License shall not be disturbed by such subordination so long as no Event of Default by Licensee exists beyond all notice and cure periods. LICENSOR AND LICENSEE EACH WAIVE, TO THE EXTENT

PERMITTED BY APPLICABLE LAWS, THE RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING BASED UPON OR RELATED TO, THE SUBJECT MATTER OF THIS LICENSE.

25. Prevailing Wages. To the extent the Infrastructure or Trade Fixtures installed by Licensee may be considered a “public work” as defined in Labor Code § 1720, et seq., Licensee shall comply with the state prevailing wage law, California Labor Code §§ 1720 et seq. and 8 C.C.R. § 16000 et seq. for any “public work” (as that term is defined in the statutes) performed pursuant to this License. For purposes of compliance with the prevailing wage law, Licensee shall comply with provisions applicable to an awarding body. Compliance with state prevailing wage law includes, without limitation, payment of at least prevailing rates as determined by the Director of Industrial Relations, overtime and working hour requirements, apprenticeship obligations, payroll record-keeping requirements, and other obligations as required by law.

26. Possessory Interest Tax. Licensee understands and acknowledge that Licensor’s grant of nonexclusive use may be subject to property taxation and that Licensee may be subject to the payment of possessory interest tax levied on the grant of non-exclusive use pursuant to California Revenue and Taxation Code Section 107.6. Licensee shall pay without abatement, deduction, or offset any possessory interest taxes levied on or assessed against the Licensed Area, Trade Fixtures, Licensee’s equipment which are directly attributable to this License or Licensee’s use of the Licensed Area, whether belonging, owed or chargeable against the Licensor. Licensee shall make all such payments directly to the charging authority prior to delinquency and before any fine, interest, or penalty becomes due or is imposed for Licensee’s non-payment. Notwithstanding the foregoing, Licensee shall, at its sole cost and expense, have the right to challenge the assessment. Licensee shall provide Licensor with proof of payment of such tax.

Agenda Item #10.12.

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Christopher J. Warner Comments on Consent Agenda Item 10.12, BodeEV License Agreement, July, 22, 2025, St. Helena City Council Meeting I have reviewed the proposed BodeEV license and service level agreements proposed by staff to install, operate and maintain 26 Level 2 EV public chargers at 4 locations in the City (City Hall, St. Helena Public Library, Crane Park and the City Corporation Yard). For the reasons stated below and based on my personal experience on EV chargers and EV markets and deployment. I recommend that the City Council reject the BodeEV proposal until and unless further information and changes to the license and service level agreements are provided.

1. The BodeEV proposal includes Level 2 chargers, rather than Level 3 DCFC fast chargers which are the standard for commercial and public charging in EV markets today. Choosing Level 2 chargers, with slow charging and low individual availability, is like choosing a “horse and buggy” over the most current automobile models. No reputable or knowledgeable commercial or public charging provider installs slow Level 2 chargers for public or commercial use; Level 3 DCFC chargers are the preferred and dominant type of public charger used today.

2. The proposed BodeEV license and service level agreements include similar defects previously identified in the Tesla EV license agreement previously modified by the Council:
(1) BodeEV has an absolute right to terminate its obligation to commence operation of the chargers under the license for any reason beyond its control (License Agreement, Exhibit B, Section 4);
(2) The proposed license agreement does not clarify (as was required for the Tesla license agreement), that the parking spaces and other areas used by the charging stalls may be used by non-EV vehicles and for other City uses when not used for EV charging (given that the average utilization rate for Level 2 public chargers is 17% or lower); and
(3) The BodeEV license agreement gives Bode EV an absolute 10-year minimum term with no right of the City to terminate the license if the City determines for whatever reason that the EV chargers are no longer needed or the use of the EV chargers is no longer adequate or in the public interest. (Note that the Staff Report includes no detailed quantitative market or needs assessment for the number of public chargers based on either actual or forecast City-owned EV charging usage or public EV charging demand.)
Agenda Item #10.12.

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3. The staff report and proposed BodeEV license and service level agreements include no detailed EV market experience by BodeEV for operational projects (BodeEV is apparently a new start-up EV charger servicing entity), nor any detailed subcontracting agreement with the EV charger provider Autel that makes the City a third-party beneficiary of the agreement, nor any evidence of specific grant or financing agreements with the proposed funders of the project (“Communities in Charge,” “Transportation Fund for Clean Air,” and “Marin Clean Energy” EV charger incentives.) Under the adage, “if it looks too good to be true, it probably is too good to be true,” the Council should not consider or approve the BodeEV license and service agreements until detailed documentation demonstrating how the project is allegedly “free” to the City and likely to be completed on-time and operational is provided for review.

4. The staff report asserts that BodeEV will complete the project and all 26 EV chargers will be operational and available by October 31, 2025. However, no such guarantee or contractual schedule or commitment is provided in the license agreement or service level agreement.

5. The staff report asserts that BodeEV’s service level agreement guarantees that the chargers will have 99% uptime, 2-hour remote diagnostics, and 24-hour on-site response. However, the service level agreement provides broad exclusions and exceptions to these guarantees, and the staff report’s reference to 99% uptime is erroneous (the BodeEV service level agreement cites “98% except if due to Excluded Events.”
For these reasons and to avoid repeating the mistakes previously made on the proposed, similar Tesla EV license agreement,1the City Council should defer or reject approval of the BodeEV license agreement until the deficiencies identified above have been addressed and resolved.

These comments are based on my preliminary review of the staff report and the BodeEV license and service level agreements, and I may provide further comments based on further review.

Thank you for your consideration of these comments.

Christopher J. Warner
1434 Grayson Avenue
415-309-9572
July 18, 2025
1 It is notable that no Tesla Superchargers are yet installed or operational under the terms of the Tesla license agreement approved by the Council nearly a year ago.

Agenda Item #10.12.

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From: Christopher J Warner
To: Public Comment
Cc: Erika Opp; Andrew Bradley; Anil Comelo; Paul Dohring; Ethan Walsh Subject: Re: Public Comments - BodeEV EV License and Service Level Agreement - City Council July 22, 2025 Meeting - Agenda Item 10.12
Date: Saturday, July 19, 2025 6:23:04 PM
Attachments: STOCK_Dashboard.pdf
In addition to my previous comments, I would like City staff to provide certain essential information about the proposed BodeEV charger agreements and project that appears to be omitted from the Staff report and essential for full evaluation of the proposed project, as follows:

1. The Staff report states that the City currently has 6 Level 2 EV chargers at City Hall, and that "These chargers are heavily utilized, often fully occupied by city vehicles, employees, and members of the public." Please provide your precise quantitative data on the utilization rates for each of these existing chargers, including utilization by (1) city vehicles; (2) city employees; and (3) members of the public. Note that the average utilization rate of Level 2 chargers nationwide is less than 15%.

2. For each of the 4 locations proposed for location of the 26 additional chargers, please provide precise assessment of the quantitative need for such chargers over the next 5 years at each of the locations, separated among (1) number of existing and authorized City owned EVs; (2) number of existing employee owned EVs (City Hall only); and (3) public EV charging demand. Note that the "Marin Clean Energy Charging Evaluation Reports" provided to support the BodeEV project provide no specific EV usage or demand projections, other than a demonstrably inaccurate statement that "projections suggest electric vehicles, as a percentage of all light duty vehicles on the road, will exceed 15% by 2025 and 30% by 2030." In fact, the California Energy Commission EV statistics indicate that EVs registered in Napa as of 2024 amount to only 6% of total light duty vehicles registered in Napa (see attached), with growth in new EV sales in California slowing.

3. Please confirm, as was done with the Tesla Supercharger license agreement, that none of the BodeEV sites proposed by BodeEV provide BodeEV with the right to exclude non-EV vehicles from using the spaces and stalls when not being used for EV charging, notwithstanding the bid response from BodeEV indicating otherwise. (Note that the average utilization rate for EV Level 2 chargers is 15% or less, meaning the BodeEV charging spaces are likely to be empty 85% of the time.)

4. Please correct the cost and revenue assumptions regarding likely off-peak, partial peak, and peak charging times to remove off-peak charging time assumptions for Crane Park, which is closed to the public from 10 pm to 7 am, as well as any other parking spaces at City Hall, the Library and the Corporation Yard that are closed to the public and/or City employees for significant periods of time daily. Note that because of the slow charging capability of Level 2 chargers, fully charging an EV with a Level 2 charger normally takes up to 8 hours of continuous charging, usually overnight to avoid conflicting with day-time use of the vehicle. PG&E's "peak" times for electricity prices are 4 pm to 9 pm daily.

5. The Staff report states that the City received four proposals in response to its competitive Agenda Item #10.12.

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RFP. However, the Staff report provides no evaluation, comparison or substantive "scoring" on why BodeEV was determined "the most qualified and responsive proposer." Please provide detailed documentation of the Staff's evaluation of each of the four proposals.

Thx for your consideration of these comments and questions.

Chris Warner
415-309-9572
[email protected]
On Fri, Jul 18, 2025 at 11:27 AM Christopher J Warner <[email protected]> wrote:

Attached and pasted below are my comments on Agenda Item 10.12, BodeEV License and Service Level Agreement. Thank you for your consideration of these comments, and I am available to answer any questions.

Christopher J. Warner
1434 Grayson Avenue
415-309-9572
Christopher J. Warner Comments on Consent Agenda Item 10.12, BodeEV License Agreement, July, 22, 2025, St. Helena City Council Meeting I have reviewed the proposed BodeEV license and service level agreements proposed by staff to install, operate and maintain 26 Level 2 EV public chargers at 4 locations in the City (City Hall, St. Helena Public Library, Crane Park and the City Corporation Yard). For the reasons stated below and based on my personal experience on EV chargers and EV markets and deployment. I recommend that the City Council reject the BodeEV proposal until and unless further information and changes to the license and service level agreements are provided.

1.The BodeEV proposal includes Level 2 chargers, rather than Level 3 DCFC fast chargers which are the standard for commercial and public charging in EV markets today. Choosing Level 2 chargers, with slow charging and low individual availability, is like choosing a “horse and buggy” over the most current automobile models. No reputable or knowledgeable commercial or public charging provider installs slow Level 2 chargers for public or commercial use; Level 3 DCFC chargers are the preferred and dominant type of public charger used today.

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(2) The proposed license agreement does not clarify (as was required for the Tesla license agreement), that the parking spaces and other areas used by the charging stalls may be used by non-EV vehicles and for other City uses when not used for EV charging (given that the average utilization rate for Level 2 public chargers is 17% or lower); and
(3) The BodeEV license agreement gives Bode EV an absolute 10-year minimum term with no right of the City to terminate the license if the City determines for whatever reason that the EV chargers are no longer needed or the use of the EV chargers is no longer adequate or in the public interest. (Note that the Staff Report includes no detailed quantitative market or needs assessment for the number of public chargers based on either actual or forecast City-owned EV charging usage or public EV charging demand.)

3.The staff report and proposed BodeEV license and service level agreements include no detailed EV market experience by BodeEV for operational projects (BodeEV is apparently a new start-up EV charger servicing entity), nor any detailed subcontracting agreement with the EV charger provider Autel that makes the City a third-party beneficiary of the agreement, nor any evidence of specific grant or financing agreements with the proposed funders of the project (“Communities in Charge,” “Transportation Fund for Clean Air,” and “Marin Clean Energy” EV charger incentives.) Under the adage, “if it looks too good to be true, it probably is too good to be true,” the Council should not consider or approve the BodeEV license and service agreements until detailed documentation demonstrating how the project is allegedly “free” to the City and likely to be completed on-time and operational is provided for review.

4.The staff report asserts that BodeEV will complete the project and all 26 EV chargers will be operational and available by October 31, 2025. However, no such guarantee or contractual schedule or commitment is provided in the license agreement or service level agreement.

5.The staff report asserts that BodeEV’s service level agreement guarantees that the chargers will have 99% uptime, 2-hour remote diagnostics, and 24-hour on-site response. However, the service level agreement provides broad exclusions and exceptions to these guarantees, and the staff report’s reference to 99% uptime is erroneous (the BodeEV service level agreement cites “98% except if due to Excluded Events.”
For these reasons and to avoid repeating the mistakes previously made on the proposed, similar Tesla EV license agreement,[1] the City Council should defer or reject approval of the BodeEV license agreement until the deficiencies identified above have been addressed and resolved.

These comments are based on my preliminary review of the staff report and the BodeEV license and service level agreements, and I may provide further comments based on further review.

Thank you for your consideration of these comments.

Christopher J. Warner
Agenda Item #10.12.

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1434 Grayson Avenue
415-309-9572
July 18, 2025
[1] It is notable that no Tesla Superchargers are yet installed or operational under the terms of the Tesla license agreement approved by the Council nearly a year ago.

Agenda Item #10.12.

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6,601
NumberofVehicles

SELECTFILTERS
Year
2024
MapFilter
County
FuelType
All
Make
All
ZIP
All MSAAll CountyNapa
©2025Mapbox©OpenStreetMap
MAKE MODEL NumberofVehicles
Tesla ModelY
Model3
ModelS
ModelX
Cybertruck
Roadster
Chevrolet Volt
BoltEV
BoltEUV
BlazerEV
EquinoxEV
SparkEV
SilveradoEV
Toyota PriusPrime
RAV4Prime
PriusPlug-InHybrid
bZ4X
Mirai
RAV4EV
RAV4PHEV
Ford MustangMach-E
F-150Lightning
FusionEnergi
C-MAXEnergi
EscapePlug-InHyb..

E-TransitCargo
Focus
E-350
E-Transit
1,227
1,067
345
210
30 1
185
142
88 39
19 8
6 253
100
87 31
8 3
1 143
120
80 47
13 5
3 1
1 ZEVPOPULATION
6,601
TotalLight-DutyVehiclesendof2024
BatteryElectric
(BEV)
Plug-inHybrid
(PHEV)
FuelCell(FCEV)

0.01%
8 1.49%
1,691

4.31%
4,902

NON-ZEVPOPULATION
107,145
TotalLight-DutyVehiclesendof2024
Gasoline GasolineHybrid Diesel Other 0.02%
20 3.39%
3,860

5.92%
6,730

84.87%
96,535
Foradditionalinformationaboutthedataandhowtocitethisvisualization,seethedashboard.

Agenda Item #10.12.

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Agenda Report to the City Council
Agenda Section: PUBLIC HEARINGS
Department: Finance
DATE: July 22, 2025
FROM: Martin Beltran, Finance Manager
SUBJECT: Introduction and Waiver of First Reading of Ordinance Reimplementing Penalties for Delinquent Water and
Sewer Bills.

RECOMMENDED
ACTION:

That Council introduce and waive the first 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 procedures for delinquent water bills and provisions for the disconnection of water service, and procedures for
handling delinquent sewer accounts.

PREVIOUS COUNCIL
ACTION:
5/13/2025 - City Council conducted and approved the first reading of the proposed Ordinance 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.
5/27/2025 - City Council adopted an Ordinance 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.
6/24/2025 - City Council conducted the first reading of the proposed Ordinance regarding reimplementing penalties
for delinquent water and sewer bills. The ordinance was not adopted at this time, and staff was directed to return with the item at a future meeting for further consideration.

STATEMENT OF THE
PURPOSE:

To update delinquency penalties.

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

BACKGROUND:

Agenda Item #11.1.

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On May 27, 2025, the City Council adopted an ordinance that proposed changes to the utility billing cycle for water service and sewer service from bi-monthly to monthly billing, revised the bill due date provisions from 30 days to 21 days, and eliminated references to delinquency penalties from the City’s Municipal Code. During deliberation, however, the Council determined that rather than removing the penalties entirely, the preferred approach would be to extend the timeline for assessing such penalties—from 30 days to 45 days following the statement date.

At that meeting, the Council proceeded with adopting the ordinance as originally presented and directed staff to return with a separate item to reinstate the delinquency penalties with the revised 45-day timeframe. In accordance with tha1t direction, staff is now bringing forward the recommended Ordinance amendment to Title 13 of the City’s Municipal Code for Council consideration, which re-establishes the delinquency penalty provisions.

DISCUSSION:

The former version of the City’s municipal code stated that utility bills for water and wastewater services were considered delinquent thirty (30) days after the bill date.

Enforcement measures for delinquent accounts included:
 A delinquency penalty of ten percent (10%) of the outstanding amount at the time of delinquency.
 An interest charge of one percent (1%) per month, or fraction thereof, on the delinquent balance, calculated from the original delinquency date until paid in full.

The following chart outlines the delinquent utility billing practices of neighboring jurisdictions. This comparison highlights the different enforcement timelines, penalty structures, and interest charges across the region:

Agency Utility Billing Delinquency Practices
American
Canyon
Utility bill becomes past due after the 24th of the month, or next business day, a late fee will be assessed in the amount of 10% of the unpaid charges and 0.5% interest on the total balance.

Calistoga
If full payment for a bill is not received by close of business on the 25th day of the month following the billing period, and the balance due exceeds $10, an interest charge of 5% will be assessed on the unpaid bill.

Napa
If payment for a bill is not received by close of business on the 21st day after the bill is issued. A late fee - whichever is greater: $10 or 10% of the total bill is applied per the Master Fee Schedule.

Yountville
Any account that remains unpaid by close of business 21 days after issuance of the water bill is considered delinquent. If the bill is not paid on, or prior to, the due date, there shall be a late charge of 10% of the delinquent amount. Interest in the amount of one percent per month or fraction thereof shall be paid on the amount Agenda Item #11.1.

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delinquent from the date on which the bill remittance first became delinquent until paid.

Proposed Ordinance Changes
The proposed ordinance extends the delinquency threshold to 45 days following the bill date before these penalties are assessed. Upon failure of any consumer billed or the owner of any premises to pay any water service charge prior to the delinquency, the following action or actions shall be taken by the city to enforce such payment after such bill becomes delinquent:

1. If a payment by a customer has been delinquent for at least forty-five (45) days:
a. Impose a penalty for delinquency of up to ten percent (10%) of the amount then delinquent;
b. Assess interest in the amount of one (1%) percent per month or fraction thereof on the amount delinquent from the date on which the bill remittance first became delinquent until paid;
This change offers additional time for customers to bring their accounts current while still encouraging timely payments.

The proposed changes aim to:
 Promote timely payment of utility bills;
 Establish consistent and fair consequences for late payment;  Reduce the financial burden of delinquent accounts on the City’s utility funds and ratepayers;
 Allocate interest and penalty revenue to support customer assistance programs, such as the CARES subsidy.

The ordinance allows for City Council discretion in setting the penalty rate and the timing of its assessment during the public hearing and discussion process. The Council could recommend a different penalty rate, and the timing of its assessment during the public hearing and discussion process. Any proposed changes would then be incorporated into the ordinance for its second reading and final adoption.

The City will continue to encourage timely payments and offer structured payment plans to help customers stay current on their account.

Senate Bill No. 998 - Discontinuation of residential water service Senate Bill No. 998 requires all public water systems to have a written policy on water service discontinuation for nonpayment. The City will continue to follow State policies, such as SB 998 (Water Shutoff Protection Act), which emphasizes customer protection.

For consistency, staff is proposing to update P‐FI‐0019 Policy Disconnection of Water Service for Nonpayment (Attachment B) to align with the proposed ordinance amendments.

Agenda Item #11.1.

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ENVIRONMENTAL REVIEW: N/A
GOAL:

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

Attachment A - Ordinance Amending UB Past Due Fees
Attachment B - P-FI-0019 Discontinuation of Water Service for Non-Payment - Redline Agenda Item #11.1.

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

HELENA, CALIFORNIA, AMENDING SECTION 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 PROCEDURES FOR

DELINQUENT WATER BILLS AND PROVISIONS FOR THE

DISCONNECTION OF WATER SERVICE, AND PROCEDURES FOR
HANDLING DELINQUENT SEWER ACCOUNTS.

WHEREAS, Chapter 13.04.130.D (Enforcement—Discontinuance of service upon delinquency) of the SHMC establishes the billing due date, procedures for delinquent water bills, and provisions for the disconnection of water service; and WHEREAS, SHMC section 13.20.020.C outlines the procedures for handling delinquent sewer accounts; and
WHEREAS, the City desires to amend SHMC section 13.04.130, and 13.20.020 to reinstate a penalty for delinquency of ten percent (10%) of the amount then delinquent if a customer’s payment has been delinquent for sixty (60) days or more; and WHEREAS, the City Council desires to approve the requested amendments to Section 13.04.130 of Article 1, Chapter 13.04, Title 13 of the St. Helena Municipal Code and Section 13.20.020, of Chapter 13.20, Title 13 of the St. Helena Municipal Code through approval of this Ordinance.

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

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

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

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

Helena Municipal Code are hereby amended to read as follows (new language is underlined, deletions are in strikeout):

13.04.130.D Failure to Pay Bill. Bills are due and payable upon presentation and delinquent after twenty-one days. Upon failure of any consumer billed or the owner of any premises to pay any water service charge prior to the delinquency, Agenda Item #11.1.

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65448.00100\43775773.1
the following action or actions shall be taken by the city to enforce such payment after such bill becomes delinquent:

1. If a payment by a customer has been delinquent for at least forty-five (45) days:
a. Impose a penalty for delinquency of ten percent (10%) of the amount then delinquent;
b. Assess interest in the amount of one percent per month or fraction thereof on the amount delinquent from the date on which the bill remittance first became delinquent until paid;
c. The city may disconnect the premises from the water system for nonpayment of water bills following proper notice. Water shutoff shall occur consistent with the disconnection of water service for nonpayment policy adopted by a resolution of the city council;

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

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

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

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

C. Failure to Pay Bill. Bills are due and payable upon presentation and delinquent after twenty-one (21) days. Upon failure of any consumer billed or the owner of any premises to pay a sewer charge prior to the delinquency, the following action or actions shall be taken by the city to enforce such payment after such bill becomes delinquent for at least forty-five (45) days:

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

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

3. At the city’s election, cause an action at law to be brought on behalf of the city against the person responsible for payment of such bill to recover the amount of Agenda Item #11.1.

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65448.00100\43775773.1
such bill and the cost of such action, including reasonable attorney fees incurred in an amount fixed by the court.

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

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

SECTION 5. CEQA. This ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines (the Guidelines), and the environmental regulations of the City.

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

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

Helena Star, a newspaper of general circulation published in the City of St. Helena.

THE FOREGOING ORDINANCE was introduced at a regular meeting of the St. Helena City Council on the 22nd day of July 2025, and was adopted at a regular meeting of the St. Helena City Council on the ____th day of _____, 2025, by the following vote:

Mayor Dohring: _____
Vice Mayor Deasy: _____
Councilmember Barak: _____
Councilmember Spadarotto: _____
Councilmember Summers: _____
Agenda Item #11.1.

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65448.00100\43775773.1
APPROVED:
_______________________________
Paul Jamison Dohring, Mayor
ATTEST:

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

Mayor Dohring: _____
Vice Mayor Deasy: _____
Councilmember Barak: _____
Councilmember Spadarotto: _____
Councilmember Summers: _____
Agenda Item #11.1.

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Policy
Disconnection of Water Service for
Nonpayment
City of St. Helena
Policy
Finance

Page 1 of 7 ends

Policy # P-FI-0019
Revision # Release
Implementation Date Immediate
Title:

Disconnection of Water
Service for Nonpayment Last Update Date 2020-04-28
Approval by City Council Resolution 2020-39 Date Approved 2020-05-12 I. Purpose, Overview, and Scope of this Policy
The City of St. Helena is committed to ensure sound financial practices, proper controls over revenues and general oversight. The Finance Department is committed to providing best practices in developing efficient revenue management programs. This policy establishes a minimum standard to be upheld and enforced by all City of St. Helena’s employees.

The purpose of the Disconnection of Water Service for Nonpayment Policy sets forth guidelines that govern the Senate Bill No. 998 (Water Shutoff Protection Act) for interruption of water service for non-payment of unpaid bills for residential water service. Furthermore, this policy is intended to supersede any other prior policies.

II. Authority
Updates to this policy require City Council approval.

III. Policy
On September 28, 2018, Senate Bill No. 998 (Water Shutoff Protection Act) was passed which imposes new requirements for shutting off residential water service for unpaid bills effective April 2020. This will outline the procedure of enforcement once water/wastewater bills are delinquent after sixty (60) days.

1. Definitions
a. “Residential” means all living or dwelling units (as defined by the Uniform Building Code) of a permanent, rather than transient, nature, including but not limited to singlefamily residences, apartments, mobile homes, manufactured homes, duplexes, townhouses, apartment buildings and condominiums. A “dwelling unit” shall be defined as any structure containing sleeping, eating, cooking and sanitation facilities. b. “Customer” means the person responsible for paying each water and/or wastewater service account on the water distribution system, both inside and outside city limits, of the water enterprise owned by the city of St. Helena.
c. “Owner” means the legal property owner of a parcel.
d. “Tenant” means the leaseholder of a house, apartment, condominium or similar residential dwelling OR the owner of an individual mobile/manufactured home.

Agenda Item #11.1.

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Policy
Disconnection of Water Service for
Nonpayment
City of St. Helena
Policy
Finance

Page 2 of 7 ends

2. Rules and Regulations Generally
a. Bills for water and/or water waste charges will be invoiced by the City on a bi-monthly basis. Invoices will be prepared after the 10th of each month, but no later than the 15th of each month.
b. All bills are due within thirty twenty-one (3021) days from the date of billing.

3. Responsibility for payment of charges
a. All water charges shall be billed to the person making application for water service, unless requested by the owner to be billed differently. Where allowed by law, all shall be the responsibility of the owner of the premises upon which the charges fixed are levied and assessed or their successor in interest.

4. Enforcement – Penalty & Interest upon delinquency (after 30 days) a. Bills delinquent after thirty (30) days. Upon failure of any customer billed or the owner of any premises to pay any water and/or wastewater service charge prior to delinquency, the following action or actions shall be taken by the City. i. Impose a penalty for delinquency of ten percent (10%) on the amount delinquent.
ii. Assess interest in the amount of one percent (1%) per month or fraction thereof on the amount delinquent from the date on with the bill remittance first became delinquent until paid.

4. Enforcement – Penalty & Interest upon delinquency (after 45 days) a. Bills delinquent after forty-five (45) days. Upon failure of any customer billed or the owner of any premises to pay any water and/or wastewater service charge prior to delinquency, the following action or actions shall be taken by the City. i. Impose a penalty for delinquency of ten percent (10%) on the amount delinquent.
ii. Assess interest in the amount of one percent (1%) per month or fraction thereof on the amount delinquent from the date on with the bill remittance first became delinquent until paid.

5. Enforcement – Reminder notice of delinquency (after 45 days) a. Bills delinquent after forty-five (45) days upon failure of any customer billed or the owner of any premises to pay any water and/or wastewater service charge prior to delinquency, the following action shall be taken by the City. i.iii. Customers will receive a reminder notice by mail for the amount delinquent, which will include a Hardship Agreement form to set up a payment plan if needed.

6.5. Enforcement – Final Notice of delinquency (after 60 days) Agenda Item #11.1.

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Policy
Disconnection of Water Service for
Nonpayment
City of St. Helena
Policy
Finance

Page 3 of 7 ends

a. Bills delinquent after sixty (60) days upon failure of any customer billed or the owner of any premises to pay any water and/or wastewater service charge prior to delinquency, the following action or actions shall be taken by the City to enforce such payment after such bill became delinquent.
i. Customers will receive a reminder notice by mail for the amount delinquent. In addition, a copy of the letter will be left at the service address in a prominent and conspicuous location. This will include:

1. The customer’s name and address.

2. The amount of the delinquency.

3. The date by which payment or arrangement for payment is required to avoid discontinuation of residential service.

4. The procedure and form to file for a Hardship Extension Request (Payment Plan).
a. 12 months is the maximum breakdown of payments allowed. b. These payments must be made in addition to any future water bills due.
c. No penalties or interest will accrue if the payment terms defined are met.
d. Failure to meet the terms of the agreement could result in disconnection of the premises from the water system for nonpayment and/or could cause action at law to be brought on behalf of the City against the person responsible for payment of such bill to recover the amount of such bill and the cost of such action including reasonable attorney fees incurred in an amount fixed by the court.

5. The procedure and form to file for an Appeal with City Council. a. All forms are to be given to the City Clerk or designee for review and tracking.
b. The City Manager has the authority to resolve specified appeals up to $2,000.00. The City Council has the authority to resolve appeals over $2,000.00.
c. Service will not be interrupted while the appeal is pending d. No penalties or interest will accrue while the appeal is pending.

6. The telephone number of the City of St. Helena Water Department representative who can provide additional information or institute arrangements for payments.
b. Notice to Tenants. If there is a landlord-tenant relationship between residential occupants and the owner, manager, or operator of the property, the City shall also Agenda Item #11.1.

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Policy
Disconnection of Water Service for
Nonpayment
City of St. Helena
Policy
Finance

Page 4 of 7 ends

make reasonable, good faith effort to inform the occupants, by means of written notice, when the water service account is in arrears and subject to disconnection. i. If tenants reside in a multi-unit complex served through a master meter, written notice shall be hung on the door of each residence. The written notice will advise the tenants/occupants that they have the right to become customers of the City of St. Helena without being required to pay the amount due on the delinquent account, as long as they are willing to assume financial responsibility for subsequent changes for water service at the address(es) served by the mater meter. If one of more of the occupants are willing and able to assume responsibility for the subsequent charges for water service to the satisfaction of the City of St. Helena, or if there is a physical means legally available to the City, of selectively terminating service to those occupants who have not met the requirements for service, the City will make service available to the occupants who have met those requirements. Such notice shall be given at least 15 days before water service is shut off, in accordance with the following provisions. ii. If tenants reside in an individually metered residence, the written notice shall advise the tenants/occupants that they have the right to become customers of the City without being required to pay the amount due on the delinquent account, as long as they are willing to assume financial responsibility for subsequent charges for water service at that address. For the amount due on delinquent account to be waived, the tenant/occupant must provide verification of tenancy in the form of a rental agreement or proof of rent payments. Such notice shall be given at least 15 days before water service is shut off, in accordance with the following provisions.
c. Specified Properties not Subject to Disconnection. Properties that meet all the following requirements are not subject to disconnection:
i. The customer, or tenant of the customer, submits to the City a primary care provider certification, as defined in Welfare and Institutions Code section 14088(A)(1)(b), such as that discontinuation of service would be life threatening to, or pose a serious threat to the health and safety of, a resident of the premises where the service is provided.
ii. The customer demonstrates that they are financially unable to pay for the service within the City’s normal billing cycle. A customer may be deemed financially unable to pay if:

Agenda Item #11.1.

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Policy
Disconnection of Water Service for
Nonpayment
City of St. Helena
Policy
Finance

Page 5 of 7 ends

1. Any member of the customer’s household is a current recipient of CalWORKs, Cal Fresh, general assistance, Medi-Cal, Supplemental Security Income/State Supplementary Payment Program, or California Special Supplemental Nutrition Program for Women, Infants and Children; or

2. The customer declares that the household’s annual income is less than 200 percent of the federal poverty level.

3. The customer is willing to enter into a Hardship Agreement consistent with the City’s written policies, with respect to all delinquent charges. d. Options for Specified Properties. Prior to discontinuation of water services for delinquent payment, properties that meet the requirements of subdivision 3 of this section shall be offered the option to apply for a Hardship Agreement for the unpaid balance consistent with the City’s Disconnection of Water Service for Nonpayment Policy.
e. Disconnection for Specified Properties. Properties on a Hardship Agreement may have water service discontinued if, after the City posted a notice that meets the requirements of Subdivision 1 of this section on the property at least 5 business days before discontinuation, the customer:
i. Fails to comply with a Hardship Agreement for delinquent charges for 60 days or more: or
ii. Does not pay current service charges for 60 days while on a Hardship Agreement for delinquent charges.

7.6. Enforcement – Discontinuance of Service upon delinquency a. Bills delinquent after seventy (70) days upon failure of any customer billed or the owner of any premises to pay any water and/or wastewater service charge prior to delinquency, the following action or actions shall be taken by the City. i. City Staff will make courtesy calls to the customer informing them if payment is not received their water service will be shut-off for non-payment. ii. The Finance Department will inform the Water Distribution department of each account to be shut-off for non-payment.
iii. If the Water Distribution department has been dispatched to shut-off water service, a shut-off fee shall be accessed to the fees that are due and payable. iv. Service will not be restored until full payment has been made or a Hardship Agreement has been approved by the Finance Director, or designee.

Agenda Item #11.1.

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Policy
Disconnection of Water Service for
Nonpayment
City of St. Helena
Policy
Finance

Page 6 of 7 ends

v. Failure to pay can cause an action at law to be brought on behalf of the City against the person responsible for payment of such bill to recover the amount of such bill and the cost of such action including reasonable attorney fees incurred in an amount fixed by the court.
b. Disconnection While Awaiting Appeal. The City shall not discontinue water services while an appeal of a water bill from that residence is pending. c. Post-Termination Procedures. The City shall provide any disconnected customer with information on how to restore service.

8.7. Enforcement – Reconnection Fee
a. Reconnection of Service: In order to resume or continue service that has been disconnected for non-payment, the customer must pay a reconnection fee. The City will endeavor to reconnect service as soon as practicable but, at a minimum, will restore service before the end of the next working day following payment of any past due amount, delinquent fees attributable to the termination of service, and a deposit for reconnection of the account. Water service that is turned on by any person other than City personnel without City authorization may be subject to fines or additional charges or fees. Any damages that occur as a result of unauthorized restoration of service are the responsibility of the customer.
b. Reconnection of Service After Business Hours: Service restored after 4:00pm Monday through Friday, or on weekends or holidays will be charged an after-hours reconnection fee. Service will not be restored after regular business hours unless the customer has been informed of the after-hours reconnection fee and following payment of any past due amount, delinquent fees attributable to the termination of service, and a deposit for reconnection of the account. The after-hours reconnection fee is in addition to the regular reconnection fee and the late charge for a past due account. Customers requesting reconnection of service after business hours will contact the St. Helena Police Dispatch non-emergency number to arrange for payment of any past due amount, delinquent fees attributable to the termination of service, and a deposit for reconnection of the account.

Sometimes water service is discontinued because the service is a new account the City has not received a request to establish service. If service is being restored after regular business hours because the customer has yet to establish service, the customer must agree to contact the Water Department to establish service the next business day.

Agenda Item #11.1.

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Policy
Disconnection of Water Service for
Nonpayment
City of St. Helena
Policy
Finance

Page 7 of 7 ends

If service is discontinued for any reason not identified above, the customer is advised to contact the Water Department to resolve the issue as quickly as possible. No after-hours reconnection fee will be charged in this instance.
c. For customers who demonstrate they are financially unable to pay in accordance with this code section 13.04.30(E)(1), the reconnection fee shall be set at the actual cost of reconnection. Such reconnection fee shall not exceed $50 during normal operating hours or $150 during nonoperational hours.

Agenda Item #11.1.

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Agenda Report to the City Council
Agenda Section: OLD BUSINESS
Department: Public Works
DATE: July 22, 2025
FROM: Dave Jahns, Director of Community Services, Rebecca White, Administrative Assistant
SUBJECT: Consideration of a resolution authorizing (1) temporary closures of portions of Adams Street, Allyn Avenue (local traffic only), Kearney Street, Stockton Street, and Tainter Street from 11:00 a.m. to 6:00 p.m. on Sunday, September 28, 2025, for the proposed Saint Helena Porchfest; and (2) authorizing mobile food vendors to operate on the closed portions of the event footprint.

RECOMMENDED
ACTION:

Review the event proposal and consider approval of the
attached resolution.

PREVIOUS COUNCIL
ACTION:

This item was previously presented to the Council as a
discussion item on June 24, 2025.

STATEMENT OF THE
PURPOSE:

Consider authorization of road closures on portions of
Adams Street, Allyn Avenue (local traffic only), Kearney Street, Stockton Street, and Tainter Street; and the
operation of mobile food vendors on the closed portions of the streets for Saint Helena Porchfest.

FINANCIAL IMPACT: Due to the event being community-focused and free to attend, the event organizers have requested a fee waiver of the permit fees. All other associated expenses, including direct staffing time needed to support the event, will be paid for by the organizing committee. Waiving of permit fees is at the discretion of the City Manager and totals $1,300 for one encroachment permit and one road closure permit.

BACKGROUND:

Napa Valley Music Alliance is a community-based organization, dedicated to the advocacy, planning, and organizing of music and arts events throughout the Napa Valley while strengthening cultural and community bonds.

Napa Valley Music Alliance is proposing to organize Saint Helena Porchfest, tentatively scheduled for Sunday, September 28, 2025. Porchfest is a free community event where local musicians perform from the front porches of residential homes, creating a walkable, community-centric music experience throughout participating neighborhoods.

Attendees are encouraged to embrace the walkability of the area, visit multiple performances, and enjoy the historic architecture of the highlighted residences. Similar Agenda Item #12.1.

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events have taken place in various communities throughout the country, with the most immediate being hosted in Napa from 2011-2023. Below is a high-level summary of the proposed event:

Event Details:
 Date: Sunday, September 28
 Location: 12-15 porches within Adams/Kearney/Stockton/Tainter neighborhood  Time: Event 12:30pm – 5:00pm
 Road Closures: 11:00am – 6:00pm
 Various genres of music, staggered set times
 Food vendors in various locations within the event footprint  No alcohol sold or open containers permitted
Proposed Hard Road Closures:
 Adams St., from Oak to Allyn
 Kearney St., from Adams to northern property line of 1407 Kearney  Tainter St., from Oak to Stockton
 Stockton St., from Pine to Spring
 Additional streets will be designated local traffic only. Please see included maps packet
The organizing committee presented their initial concept at the May 5, 2025, Parks and Recreation Commission meeting. After receiving feedback and discussing with City Staff in the Fire, Parks and Recreation, Police, and Public Works Departments, the organizers made several modifications and resubmitted a request for encroachment, amplified sound, and road closure permits.

The organizing committee presented their updated event proposal at the June 16, 2025, Parks and Recreation Commission meeting. The commission reviewed the proposal, received community feedback, and approved a motion (4-0, 1 absent) to recommend approval of the event with the following conditions:
 Recommendation to not waive permit fees until non-profit status is confirmed with the state and IRS
 Confirm appropriate insurance levels are in place in accordance with CIRA and City Attorney’s office
 Further explore parking considerations
 Confirm Public Safety departments are comfortable with the event, even if attendance were to reach unexpected numbers
Staff and the event organizers presented City Council with information for discussion on June 24, 2025, as the proposed event will require both hard street closures and limitedaccess closures to local traffic only, in order to ensure the safety of attendees.

Additionally, the event organizers plan to include mobile food vendors located on public streets within the closure areas. Per the municipal code, both the street closures and Agenda Item #12.1.

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the operation of mobile food vendors on public rights-of-way are subject to City Council approval. Following discussion and feedback at the June 24 meeting, staff is bringing the item back for the Council's formal consideration and direction.

DISCUSSION:

Following the presentation and discussion at the June 24 City Council meeting, the organizing committee made modifications and provided additional information as requested by the City Council. Below is a summary of information and clarifications provided since the June 24 City Council Meeting:
 Non-Profit Status: Organizing committee clarified that their nonprofit status has been received and recognized by the State. 501c3 status is still pending with the IRS.
 Financial Details: Organizing committee will be available to provide an overview of their budget at the July 22 meeting. They have shared with staff that they have secured approximately $14,450 in pledged sponsorship and donations, with an estimated budget of approximately $27,500. If the goal is not met, the organizers would make the determination to pay out-of-pocket for the balance, scale back the scope, or cancel/postpone the event. Staff has requested that organizers provide regular updates on their fundraising status leading up to the event.  Insurance Requirements – The standard City insurance requirement for an encroachment permit is $1 million general liability per occurrence. Based on the nature of this event and an estimated attendance over 1,000 attendees, the City’s insurance provider and attorney’s office have recommended an insurance requirement of $2 million per occurrence, with the City being named an additional insured and granting the City a waiver of subrogation. A copy of the insurance certificate with appropriate coverage levels will be provided prior to staff issuing an encroachment permit.
 Street Closure Map - Organizers shortened the proposed hard road closure on Kearney to only include the first house at the southern end of the block. A limited-access (local traffic only) closure would be implemented at the intersection of Kearney and Pine. An organization representative will be staged at the intersection to support directing local traffic into/out of that area. All locations that include participating porches will remain protected by hard closure barricades, to prevent any vehicles (other than emergency personnel) from entering the event footprint.
 Clean-Up and Breakdown Plan – The organizers will be contracting with Bay Area Traffic Solutions, Upper Valley Waste Management, Green Mary, and a portable toilet provider. Contracts will be between Napa Valley Music Alliance and the various companies, but copies of finalized contracts will be provided to Agenda Item #12.1.

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City Staff to insure there are steps in place to return the event footprint back to its normal status at the conclusion of the event
 Parking – Event organizers plan to follow the same parking protocols that are put into place by other community events that draw large crowds, such as Harvest Festival and 4th of July. There will not be designated parking locations established, but volunteers will be on-hand at the event perimeter to direct patrons to various public parking locations.

Staff and the event organizers will be present on July 22 to answer questions and provide additional information as needed. Should Council approve the road closure and mobile food vendor requests, staff would then proceed with the process to issue encroachment, noise, and road closure permits.

Residents on or within 300 feet of the proposed street closures received notification of this item being heard by City Council on July 22, 2025, either by email or by flyer left at their residence in instances where an email address was not available.

ENVIRONMENTAL REVIEW:

Organizers will follow all stipulations put in place by the City's Environmental Services division. This includes but is not limited to proper trash/recycling collection and disposal, placement and containment of portable toilets, and any necessary protections for potential storm drain run-off.

GOAL:

Goal 5: Enhance Quality of Life
DOCUMENTS ATTACHMENTS:

Draft Resolution
Maps Packet
Porchfest Host Agreement
Saint Helena Porchfest 2025 Traffic and Pedestrian Control Plan Insurance Requirements for Porchfest Event
Agenda Item #12.1.

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CITY OF ST. HELENA
RESOLUTION NO. 2025-__
Resolution Authorizing (1) Temporary Closures of Adams Street, Kearney Street, Tainter Street, Stockton Street, and Allyn Avenue from 11:00 a.m. to 6:00 p.m. Sunday, September 28, 2025, for St.

Helena Porchfest; and (2) Authorizing Mobile Food Vendors to Operate on the Closed Portions of the Street for St. Helena Porchfest.

RECITALS
A. Napa Valley Music Alliance is planning St. Helena Porchfest for September 28, 2025; and
B. St. Helena Porchfest is a free, family-friendly, alcohol-free event where local musicians perform from the porches of residential homes creating a walkable, community-centric music experience throughout participating streets; and C. Napa Valley Music Alliance has requested temporary closures of Adam Street from Oak Avenue to Allyn Avenue; Kearney Street from Pine Street to Adams Street; Tainter Street from Oak Avenue to Stockton Street; Stockton Street from Pine Street to Spring Street; and Allyn Avenue from Pine Street to Tainter Street for the event; and D. Closure of city streets will ensure the safety of attendees and performers of the St. Helena Porchfest; and
E. A request has been made to allow for mobile food vendors to park and operate on the closed portions of the streets; and
F. Section 21101(e) of the California Vehicle Code provides that local authorities may, by resolution, temporarily close a portion of any street for celebrations, parades, local special events, and other purposes when, in the opinion of local authorities having jurisdiction or a public officer or employee that the local authority designated by resolution, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing.

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

Agenda Item #12.1.

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1. The City Council finds that the benefits derived from the temporary closing of City streets for St. Helena Porchfest outweigh the anticipated inconveniences to the neighborhood and citizens, and authorize the closures of Adams Street, Kearney Street, Tainter Street, Stockton Street, and Allyn Avenue from 11:00 a.m. to 6:00 p.m. on Sunday, September 28, 2025.

2. Temporarily closing a portion of the subject street is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing.

3. Authorize mobile food vendors to park and operate on the closed portions of streets for St. Helena Porchfest.

4. The City Manager is directed to provide reasonable levels of City Staff support to accomplish the closure of streets and related activities.

Approved at a Regular Meeting of the St. Helena City Council on July 22, 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 #12.1.

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Napa Valley Music Alliance
Napa Valley Music Alliance is a nonprofit organization
dedicated to the advocacy, planning, and organizing of
music and arts events in the Napa Valley while
strengthening cultural and community bonds.

Agenda Item #12.1.

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Proposed Road Closures
Red X’s = Hard closure
Orange X’s = Movable Hard
Closure (Fire Chief John
Sorensen recommendation)
Green X’s = Soft Closure
Red lines = No cars
Green lines = Local traffic
only
Napa Valley Music Alliance - Tax ID: 33-5023973 (501c3 Status Pending) Agenda Item #12.1.

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Food Truck / Popup Locations
Orange Icons = Food Trucks
parked on Carpy Field side
of Adams and Tainter
OIive Icons = PopUp Food
Vendors
*# of icons does not
indicate # of food vendors.
*Locations still TBD
Napa Valley Music Alliance - Tax ID: 33-5023973 (501c3 Status Pending) Agenda Item #12.1.

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Waste Recycling Management
Trash & Recycling Sorting
Stations located
throughout the event for
convenience.

Napa Valley Music Alliance - Tax ID: 33-5023973 (501c3 Status Pending) Agenda Item #12.1.

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Restrooms
Local facilities & Portable
bathrooms & handwashing
stations will be provided.
*Number of icons does not
indicate the number of
porta potties, just proposed
locations.

Napa Valley Music Alliance - Tax ID: 33-5023973 (501c3 Status Pending) Agenda Item #12.1.

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Current Porches
12 Porches, up to 3 may be
added.

Artist & Porch selection still
in process
Set time will be staggered
Estimate maximum of 6-9
artists playing at 1 time.

Napa Valley Music Alliance - Tax ID: 33-5023973 (501c3 Status Pending) Agenda Item #12.1.

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Thank you!
Agenda Item #12.1.

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Napa Valley Music Alliance presents:

Saint Helena Porchfest 2025 – Porchfest
Host Agreement
Event Date: Sunday, September 28, 2025
Event Time: 12:30 PM – 5:00 PM
Resident: __________________________________________________ Address: __________________________________________________ Phone: __________________________________________________ Email: __________________________________________________ This Agreement is entered into between Napa Valley Music Alliance (hereinafter referred to as "Organizer") and the undersigned property owner or resident (hereinafter referred to as "Host") for participation in the Saint Helena Porchfest 2025. Pending City of Saint Helena Council approval Host agrees to the following:

1. Host Responsibilities
● Performance Space: Host agrees to provide a safe and accessible space (e.g., porch, driveway, front yard) for musical performances during the event. ● Utilities: Host will provide access to electrical power (standard outdoor outlet) for performers. Hosts are encouraged to provide drinking water for performers. ● Presence: Host or a designated representative must be present at the property during the assigned performance times to assist with any needs and ensure the smooth operation of the event.
● Artist Accommodation: Due to road closures, performers are asked to complete the dropping off of any equipment requiring a vehicle before 11AM. Please provide a location where equipment can be stored during this time. Vehicles will not be allowed on Agenda Item #12.1.

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the roads again until after Porchfest finishes. Artists may need to keep equipment at your porch until roads open and they can get a vehicle to your residence. Artists will be responsible for their equipment.
● Audience Accommodation: Host may or may not allow attendees to congregate on their lawn or property to view performances at their discretion. ● Communication: Host will coordinate with assigned performers prior to the event to discuss setup, equipment needs, and any specific considerations. ● Signage: Host is encouraged to create and display a Porchfest sign to identify their participation in the event.

2. Safety and Compliance
● Permits and Regulations: Hosts acknowledge that the Organizer has obtained necessary permits for the event. Hosts agree to comply with all local laws and regulations, including noise ordinances. Any activities held by the homeowner outside of the St. Helena Porchfest hours are not covered by our permits and insurance. ● Set Times: Hosts will enforce strict adherence to assigned performance times.

Performers must conclude their sets promptly to prevent overlap and sound bleed into adjacent performances. Each porch will have a break between performers. This is by design. Performers must stay within their set times. Violation of this may result in the Organizer shutting the performance down and may result in the artist not being allowed to participate in future events.
● Neighbor Notification: Hosts are encouraged to inform immediate neighbors of their participation in Porchfest at least two weeks prior to the event. ● Food / Drinks: It is recommended that porch hosts not serve/sell food or drinks to the public.
● Drug / Alcohol: This is a family friendly event. Host agrees not to serve the general public alcohol, cannabis, or other mind altering substances.

3. Liability
● Participation Acknowledgment: Porchfest is a community-driven event, and by volunteering to host, you acknowledge that you’re doing so at your own discretion. While we do everything we can to make the day safe and enjoyable, the organizers aren’t Agenda Item #12.1.

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responsible for any personal injury, property damage, or loss that may occur during the event.
● Insurance Reminder: We encourage all porch hosts to check with their homeowners or renters insurance provider to ensure they’re comfortable with their coverage when welcoming guests and musicians.
● Shared Responsibility: By participating, you agree to help keep the event safe and respectful, and to hold the organizers harmless from any unexpected issues that might arise related to your property or activities during Porchfest.

4. Cancellation
● Event Cancellation: The Organizer reserves the right to cancel the event due to unforeseen circumstances, including but not limited to inclement weather or public safety concerns.
● Host Cancellation: If a Host needs to withdraw from participation, they must notify the Organizer as soon as possible to allow for adjustments in scheduling.

5. Agreement and Signature
By participating, the Host agrees to the terms and conditions outlined in this Agreement.

Please review this Agreement carefully. If you have any questions or require further clarification, feel free to reach out to the Organizer at [email protected].

We appreciate your generosity in opening your space to the community and contributing to the success of the first annual Saint Helena Porchfest!
Agenda Item #12.1.

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2025 St. Helena Traffic or Pedestrian
Control Plans
The first annual Saint Helena Porchfest will be held on Sunday, September 28, 2025, from 12:30 PM to 5:00 PM. The event features live music performances on residential porches within a walkable, closed-street footprint.

Please see attached quote from Bay Area Traffic Solutions (BATS).

Road Closures:
● Closure Times:

Road closures will begin at 11:00 AM and end at 6:00 PM on the day of the event. ● Hard Closure Locations (proposed):

Hard closure points prevent cars from
entering the Porchfest Zone. Emergency
vehicle access provided at 2 points noted
below as “movable”, at the recommendation
of Fire Chief John Sorensen.
○ Oak & Adams (Movable)
○ Pine & Kearney
○ Pine & Stockton
○ Adams & Allyn
○ Tainter & Stockton
○ Stockton & Spring (Movable)
● Soft Closure Locations (proposed):

The following intersections contain soft
closure points. This will limit traffic to local
residents and prevent visitors from parking
on these streets.
○ Madrona & Stockton
○ Pine & Allyn
○ Adams & Hudson
○ Tainter & Allyn
Agenda Item #12.1.

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Resident and Vehicle Access:
● Restricted Access:

For the safety of attendees streets within the Porchfest zone will be restricted to emergency vehicle access only between 11:00 AM and 6:00 PM. ● Parking:

No non-residential vehicle parking will be permitted within the closed event area.

Attendees shall park outside the closed zone and walk in.

Pedestrian and Event Flow:
● Event:

The event area is designed to be fully walkable and accessible for wheelchair users and ADA compliant.
● Food Truck Zones:

We have established designated areas for food trucks within the enclosed event footprint.

Positioning the food trucks at different locations will effectively reduce congestion and promote a more enjoyable environment for attendees.

Staffing and Safety:
● Volunteer Staffing:
○ Two volunteers will be stationed at each road closure point from 10:00 AM to 6:00 PM.
○ Volunteers will monitor access, provide directions, and assist with pedestrian safety.
● Law Enforcement: Local Saint Helena Police Department officers will be on regular duty and available for any emergency response if required. Opportunity for community policing. Officers on bikes, handing out stickers, and other forms of community engagement.
● Indecent Response: The St Helena Porchfest Committee is organizing a “Neighborhood Ambassador” team. Contact information will be provided to residents within the event zone. This team will respond to any incident or concerns that may occur during the event.

Agenda Item #12.1.

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● Emergency Response: St Helena Fire Department and American Medical Response will be on regular duty and available for any emergency to respond if required ● Signage:
○ No additional detour signage will be provided.
○ No special internal signage is required within the pedestrian zone.

Public Communication:
● Resident Notification:

All affected residents within the closure area will receive a printed mailer prior to the event, outlining road closure times, safety information, event details, and contact information for the Neighborhood Ambassadors..
● Public Maps:
○ Digital event maps showing closures, porch locations, and food trucks will be available on the Saint Helena Porchfest website.
○ Maps will also be available at the Information Booths during the event.

Agenda Item #12.1.

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Insurance Requirements for Porchfest Special Event

Page 1 of 3 ends

Insurance. Applicant shall procure and maintain for the duration of the agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Applicant’s special event operation. The cost of such insurance shall be borne by the Applicant. These requirements replace and supersede the insurance requirements found on the City’s Encroachment permit Application.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000 per accident for bodily injury and property damage.

If the Applicant maintains broader coverage and/or higher limits than the minimums shown above, the City of St. Helena (City) requires and shall be entitled to the broader coverage and/or higher limits maintained. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status. The City of St. Helena, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Applicant including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Applicant . General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance at least as broad as one of the following ISO ongoing operations Forms: CG 20 10, CG 20 12 or CG 20 26
Primary Coverage. For any claims related to this contract, the Applicant’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Applicant’s insurance and shall not contribute with it.

Notice of Cancellation. Applicant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self-insured retention is increased. In the event of Agenda Item #12.1.

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Insurance Requirements for Porchfest Special Event

Page 2 of 3 ends

any cancellation or reduction in coverage or limits of any insurance, Applicant shall forthwith obtain and submit proof of substitute insurance.

Waiver of Subrogation. Applicant hereby grants to City a waiver of any right to subrogation which any insurer of said Applicant may acquire against the City by virtue of the payment of any loss under such insurance. Applicant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

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

Self-Insured Retentions. Self-insured retentions must be declared to and approved by the City. At the option of the City, either: the Applicant shall obtain coverage to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Applicant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

Verification of Coverage. Applicant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Applicant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

Subcontractors. Applicant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. If a subcontractor will be serving or selling alcohol, and its approved by the City, the subcontractor’s insurance must include Liquor Liability coverage of not less than $2,000,000 per occurrence.

Special Risks or Circumstances. City reserves the right to modify these requirements at any time, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

If I fail to secure such insurance, the City may, at its option, secure such insurance and I will be responsible to reimburse the City for the expenses incurred.

Agenda Item #12.1.

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Insurance Requirements for Porchfest Special Event

Page 3 of 3 ends

I certify that I have the authority to enter into this agreement, which modifies the City of St. Helena Special Event Insurance requirements, on behalf of myself or the entity/organization listed below, and that I am executing this agreement for myself or on its behalf.

DATED this day of , 2025
___________________________ ___________________________________ Applicant Signature Name of Organization (if applicable) ___________________________
Applicant Name
___________________________ ___________________________________ City Staff Signature Title
___________________________
City Staff Name
Agenda Item #12.1.

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Item 12.1 – Saint Helena Porchfest
Consideration of a resolution authorizing (1) temporary closures of portions of Adams Street, Allyn Avenue (local traffic only), Kearney Street, Stockton Street, and Tainter Street from 11:00 a.m. to 6:00 p.m. on Sunday, September 28, 2025, for the proposed Saint Helena Porchfest; and
(2) authorizing mobile food vendors to operate on the closed portions of the event footprint
Agenda Item #12.1.

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Background
 Free community event; Live music on residential
porches
 Various communities; Napa from 2011 - 2023
 Organized by local organizing committee
 P&R Commission discussion on May 5 and June 16
 City Council discussion on June 24
 Organizers have submitted a request for
encroachment, amplified sound, and road closure
permits
 Final review and authority to implement road closures and mobile food vendors at the discretion of City
Council
Agenda Item #12.1.

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Overview
Proposed Framework
Date: Sunday, September 28
 Location: 12-15 porches in the
Adams/Kearney/Stockton/Tainter neighborhood
 Event Time: 12:30pm – 5:00pm
 Road Closures: 11:00am – 6:00pm
Various genres of music; Staggered start times
No alcohol sold at the event
Agenda Item #12.1.

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Overview
Proposed Road Closures
 Adams Street, from Oak to Allyn
 Kearney St., from Adams to 1407 Kearney
 Tainter St., from Oak to Stockton
 Stockton St., from Pine to Spring
 Additional streets designated as local
traffic only
 11am – 6pm
 Hard closures - water filled barriers.

Strategic locations for emergency access
Agenda Item #12.1.

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Parks and
Recreation
Commission
June 16 - Commission recommended approval (4-0, 1
absent), of the event with conditions:
 Recommended to not waive permit fees until
non-profit status finalized and confirmed
 Confirm insurance levels in place in accordance
with City’s insurance provider and attorney’s
office
 Explore a plan to address immediate parking
within the vicinity
 Confirm Public Safety are comfortable moving
forward with the event, even if event reaches
unexpected turnout
Agenda Item #12.1.

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Summary of
Changes Since
June 24
Non-Profit: Non-profit status application received and
accepted by state. 501c3 status pending with IRS
Financials: Estimated Budget of $27,500. Raised $14,500 to date.

Insurance Requirements: $2 million general liability insurance; City named as additional insured, and waiver of subrogation Street Closures: Shortened hard closure to include only a small portion of Kearney
Clean-Up: Contracts with traffic control, waste management, green event, and portable toilet company
Parking: Follow protocols and logistics of other large
community events such as Harvest Festival and 4th of July Agenda Item #12.1.

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Napa Valley Music
Alliance
Napa Valley Music Alliance is a nonprofit organization
dedicated to the advocacy, planning, and organizing of
music and arts events in the Napa Valley while
strengthening cultural and community bonds.

Rachael Clark
Alex Weeks
July 22, 2025
Agenda Item #12.1.

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NVMA Overview
Napa Valley Music Alliance - Tax ID: 33-5023973 (501c3 Status Pending) • Napa Valley Music Alliance (NVMA)
– State of CA registered Non-Profit Corporation
– Incorporated 5/9/2025
– CA Entity ID B20250110815
– Federal Tax ID: 33-5023973
– City of St. Helena Business License: 136001
• 501c3 Tax Status pending
– Submitted May 14th
– IRS processing
applications received
before May 8th.

Agenda Item #12.1.

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Napa Porchfest
Napa Valley Music Alliance - Tax ID: 33-5023973 (501c3 Status Pending) • Napa Porchfest started in 2011
– First Porchfest west of the Mississippi
– Last held in 2023
– Potential September 28, 2025 Date
• 12 years without legal incident!
• Napa County Landmarks Partnership
Agenda Item #12.1.

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St. Helena Porchfest
Napa Valley Music Alliance - Tax ID: 33-5023973 (501c3 Status Pending) • 15 Porches
• 22 Bands (maximum)
– Jazz, String Quartet, Rock, Funk, Mexicana, Folk, Delta Blues, Americana, R&B, World Percussion, and more!
– Staggered set times: 12:30-2, 2-3:30, 3:30-5
• Local Food Trucks
• Feedback and participation with:
– St. Helena Parks & Recreation
– St. Helena Fire Department
– St. Helena Police Department
– The local community
• Grass roots movement
• Locally organized by St Helena
& Napa County Residents
Comparison Napa St.

Helena
# of Bands Roughly
150
22 # of Porches 73 15
Agenda Item #12.1.

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Waste Recycling Management
Trash & Recycling Sorting
Stations located
throughout the event for
convenience.

Napa Valley Music Alliance - Tax ID: 33-5023973 (501c3 Status Pending) Agenda Item #12.1.

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Restrooms
Local facilities & Portable
bathrooms & handwashing
stations will be provided.
*Number of icons does not
indicate the number of
porta potties, just
proposed locations.

Napa Valley Music Alliance - Tax ID: 33-5023973 (501c3 Status Pending) Agenda Item #12.1.

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Current Porches
12 Porches, up to 3 may be
added.

Artist & Porch selection still
in process
Set time will be staggered
Estimate maximum of 6-9
artists playing at 1 time.

Napa Valley Music Alliance - Tax ID: 33-5023973 (501c3 Status Pending) Agenda Item #12.1.

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2025 St Helena Porchfest Budget
Napa Valley Music Alliance - Tax ID: 33-5023973 (501c3 Status Pending) • Estimated Budget $27,560.85
– Administrative Fees $3,290.00
– Logistics & Safety $13,288.00
– Merchandise $6,389.38
– Other Expenses $4,593.48
• Income Goals $31,805.00
– Sponsorships $21,500.00
($14,450.00 Raised)
– Merchandise $7,995.00
– Food Trucks $2,560.00
Agenda Item #12.1.

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Liability
Napa Valley Music Alliance - Tax ID: 33-5023973 (501c3 Status Pending) • Primary Coverage Through Event Insurance:
– NVMA holds a general liability policy designed to cover bodily injury or property damage claims occurring during the event.
– Current Insurance Policy exceeds City of St. Helena’s requirements as of July 9th, 2025.
– Policy can be updated should the City have any required changes • City of St. Helena Coverage:
– The City of St. Helena is listed as an named additional insured to manage liability claims arising from event-related incidents.
• Porch Hosts & Performers:
– Participants (hosts and performers) acknowledge their roles and responsibilities, helping clarify expectations and minimize risk. • Operational Risk:
– The City bears no operational responsibility for the event; all planning, coordination, and management is handled by NVMA.

Agenda Item #12.1.

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Sponsorship Levels
Napa Valley Music Alliance - Tax ID: 33-5023973 (501c3 Status Pending) Agenda Item #12.1.

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Thank you!
Agenda Item #12.1.

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Item 12.1 – Saint Helena Porchfest
Review the event proposal and consider a
resolution approving road closures and mobile
food vendors
Agenda Item #12.1.

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From: Jennifer Johnston
To: Public Comment
Subject: Fwd: Notice of Upcoming City Council Decision on Porchfest 2025 Street Closures Date: Saturday, July 12, 2025 7:37:26 AM
Attachments: Notice to Residents - Porchfest 7.11.25.pdf Dear City of St Helena,
My name is Jennifer Johnston and I live at 1550 Tainter Street, a proposed street closure for 2025 Porchfest. I wholeheartedly support the event and the street closures that accompany the event. I love the idea of the event and look forward to supporting it. What a great way to support the arts while helping to build our community. Please approve this event.

Thank you,
Jennifer Johnston
1550 Tainter Street
St. Helena
Begin forwarded message:

From: Rebecca White <[email protected]>
Subject: Notice of Upcoming City Council Decision on Porchfest 2025 Street Closures
Date: July 11, 2025 at 2:26:01 PM PDT
Dear Resident or Property Owner,
We are reaching out to inform you that the City Council will be making a decision on the street closures for the proposed 2025 Porchfest event, planned for Sunday, September 28, 2025, at the Regular City Council Meeting on July 22. Please find the attached letter with more details about the City Council meeting and the opportunity to provide public comment.

Thank you for staying informed and involved in your community.

Best,

REBECCA WHITE

ADMINISTRATIVE ASSISTANT
City of St. Helena | Department of Public Works
1088 College Avenue | St. Helena, CA 94574
Direct: (707) 968-2658 | Mobile: (707) 312-
2230| [email protected]|https://www.cityofsthelena.gov/publicworks PLEASE NOTE: The City of St. Helena has recently transitioned our website and email addresses from .org to .gov. My new email is [email protected] Agenda Item #12.1.

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Agenda Item #12.1.

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From: Josh Phelps
To: Public Comment
Subject: Proposed Porchfest Comments
Date: Saturday, July 12, 2025 10:20:38 AM
As a Stockton Street resident, I would like to voice my opinion about the proposed Porchfest event. Are any of the organizers residents of our neighborhood? Why did our neighborhood get selected for this? What value does this add for us as homeowners?
I am against this event happening. Our city has bigger things to worry about other than trying to throw concerts in the street (which desperately needs repair - let's tackle that!).

Josh
Agenda Item #12.1.

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From: Leslie Wilks
To: Public Comment
Subject: Comments for meeting on July 22
Date: Wednesday, July 16, 2025 3:34:35 PM
Dear City Council Members,
Thank you for your thoughtful consideration regarding the Porchfest street closure request. I especially appreciate your attention to the safety and security of nearby homes and residents.

While Porchfest sounds like a fun idea, it raises serious concerns for property owners in the surrounding neighborhood. If damage occurs or someone is injured on or near private property, the liability would fall on residents who aren’t organizing or supporting the event. This seems unfair and risky.

In Napa, Porchfest worked well because the streets are wider, there’s more shade, and the event was centered near a large park with room for food trucks, music, and people to gather comfortably. Why not do something similar here? Reimagining this event as “Parkfest”. Hosting it in Lyman Park, Library Lane, and the Oak Street area used for the Harvest Festival would be safer, more enjoyable for visitors, and more beneficial to local businesses.

I also have concerns about the event organizers, the Napa Valley Music Alliance. It’s a new charity as of May 2025, and I’d like to know what it supports, how funds are used, and whether their insurance coverage is in align with potential liabilities to protect the neighborhood. It’s also unclear why the event must take place on residential streets.

I support a well-organized music event for the community—just not one that puts neighbors at risk. I trust the Council will make the best decision for everyone in St. Helena.

Thank you for your time and service.

Sincerely,
Leslie Wilks
Sent from my iPad
Agenda Item #12.1.

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From: bonnie storm
To: Public Comment
Subject: Porchfest
Date: Friday, July 11, 2025 3:08:41 PM
Hello.

I am a resident on the corner of Stockton Street and Tainter Street. I am opposed to this event and the disruptive street closures. I think there is not enough information about the organization and it’s non profit status. There is a reason why the Historical Society of St Helena dropped their sponsorship of this event. I am afraid of potential insurance repercussions and liabilities, among other things. I don’t believe the lovely quiet streets of our wonderful town are a good venue for the entertainment of Napa County in general and beyond.

Thanks you for your consideration,
Bonnie Storm
Agenda Item #12.1.

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Agenda Report to the City Council
Agenda Section: OLD BUSINESS
Department: Administration/Planning
DATE: July 22, 2025
FROM: Ethan Walsh, City Attorney
SUBJECT: Discussion and Direction from City Council regarding treatment of covered balconies, porches, decks and other structures for purposes of calculating gross floor area under the City’s Zoning Ordinance.

RECOMMENDED
ACTION:

Receive direction from City Council on how they would like to treat covered balconies, porches, decks and similar
structures under the Zoning Ordinance. City staff
anticipates that after receiving direction, they will prepare an ordinance amending to the Zoning Code to carry out
proposed direction of the Council, which will go to the Planning Commission for recommendation, and then
return to Council for adoption.

PREVIOUS COUNCIL
ACTION:

October 23, 2023 – Council adopted comprehensive
Zoning Ordinance update.

STATEMENT OF THE
PURPOSE:

To provide City staff with policy guidance on how to treat covered balconies, porches, decks and similar structures for purposes of calculating gross floor area under the City Zoning Ordinance.

FINANCIAL IMPACT: There is no fiscal impact associated with this item.

BACKGROUND:

In 2020, the City of St. Helena initiated a General Plan implementation action and began a three-year process of completing a comprehensive update to the City’s zoning code. The process involved the formation of a zoning code subcommittee, numerous public meetings and discussions, culminating in the adoption of the comprehensive zoning code update on October 23, 2023.

During the process of developing the code update, the City’s planning consultant, Lisa Wise Consulting (“LWC”), conducted stakeholder interviews to gather insight and perspective. In its summary of those interviews, LWC indicated that stakeholders discussed, among other things, “observations about new residential builds that are out of context with neighborhood scale and mass; [and] the need for reduction in allowable floor area ratio (FAR). (City of St. Helena Zoning Code Update Recommendations Memo and Annotated Outline (June 26, 2020), p. 4.) In partial response to these observations, LWC recommended deleting the floor area ratio standards in the code for residential districts, and instead establishing a maximum building gross floor area for Agenda Item #12.2.

Page 459 of 649 ends

single family residences on a range of lot sizes, which resulted in a slightly reduced allowable floor area for single family homes in residential districts.

The Zoning Code, as amended, establishes the “maximum gross floor area” that may be developed on lots within the LR-1A, LR and MR residential districts (these are the City’s single family residential districts). The maximum gross floor area, based on lot size, is set forth in End Note 4 to Section 17.16.030 of the Zoning Code (for the MR District) and Table 17.16.030(C), also in Section 17.16.030 (for the LR-1A and LR Districts). End Note 5 to Section 17.16.030 includes “additional standards” that apply within the residential zoning districts, and as part of those “additional standards”, End Note 5 declares that certain buildings and structures are “exempt from max. building gross floor area,” including “[a] balcony, porch, deck or other structure that is unenclosed on at least three sides.” (Zoning Code sec. 17.16.030, End Note 5(b)(iv).) Section 17.16.030, including End Note 5, is attached to this staff report as Attachment No. 1.

The manner in which “maximum gross floor area” is measured is set forth in Zoning Code Chapter 17.34, “Rules of Measurement”. Section 17.34.050 declares that “[t]he floor area is measured as the sum of the gross horizontal floor areas of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings.” Section 17.34.050 goes on to list certain areas that are included and excluded from the calculation of floor area. Amongst the areas that are included in the gross floor area are: “In cases where no walls exist, the area covered by the roof excluding two feet on each side of a standard roof projection.” (Zoning Ordinance Section 17.34.050(A)(1)(b) [emphasis added].) Section 17.34.050 is attached to this staff report as Attachment No. 2. Therefore, on the one hand, all areas covered by a roof (excluding a standard roof projection) are included within the calculation of gross floor area, but on the other hand under Section 17.16.030, End Note 5, balconies, porches, decks or other structure that are unenclosed on at least three sides are excluded from the calculation of gross floor area.

A few weeks following adoption of the Zoning Code update by City Council, while staff was preparing the final code changes to the code publisher, City staff raised questions regarding whether covered balconies, porches, decks would be counted toward gross floor area, given the language in the Rules of Measurement stating that all covered areas are counted toward gross floor area. The representative from LWC believed the intent of the City, based on the language in the Rules of Measurement, was to include all areas covered by a roof within the calculation of gross floor area, and the City should make a clarifying change to End Note 5 to add the word “uncovered” to End Note 5, to declare that areas that are excluded from the calculation of gross floor area include “an uncovered balcony, porch, deck or other structure that is unenclosed on at least three sides.” The LWC representative viewed this as a change to correct a clerical error that would have no substantive impact on the Code. As a result, the word “uncovered” was added to End Note 5. Staff also included an edit to Section 17.34.050(A)(2)(f) to state that uncovered balconies, porches, patios and decks were to be excluded from the calculation of floor area, in an effort to be consistent with the change to End Note 5.

Agenda Item #12.2.

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These changes were made after the adoption of the code, and not part of a formal Council adoption, based on the logic that they were clerical, clarifying edits.

In the fall of 2024, while working with the City to process a Design Review application for a proposed project, Dan Hale noted the change to End Note 5 between the Code adopted in October 2023 and version available online and at City Hall. The City received a letter from an attorney representing Mr. Hale questioning the inclusion of these changes in the code and asking that they be removed from the code if they were inadvertently included. The City Attorney responded to Mr. Hale’s attorney, acknowledging that the changes to End Note 5 and Section 17.34.050(A)(2)(f) should not have been made without a corresponding ordinance approved by Council, and stated that the referenced changes would be removed from the Zoning Code. However, the City Attorney also indicated that these two changes were intended to be clarifying, and were consistent with the Zoning Code’s treatment of covered patios as it was adopted in October 2023. This position that the changes were intended to be clarifying was based on City staff (and the City Attorney’s) position that the language in the Rules of Measurement requiring that all areas covered by a roof are part of the “gross floor area” was intended to be controlling, and the exemption in End Note 5 was intended to be limited to uncovered balconies, porches, decks and similar structures, and would not change the overarching rule set forth in the rules of measurement. The City Attorney indicated that an ordinance formally amending End Note 5 and Section

17.34.050(A)(2)(f) would come forward at a later date.

City staff did move forward with an ordinance that would add “uncovered” to End Note 5, and make an edit to Section 17.34.050(A)(2)(f) to state that uncovered balconies, porches, patios and decks were to be excluded from the calculation of floor area. The Planning Commission recommended by a 4-0 vote on April 15, 2025 to approve the proposed ordinance. The proposed ordinance was scheduled to be heard by the Council on May 13, 2025, but following extensive written public comment City staff decided to pull the item to engage in more discussions with interested stakeholders before bringing an item forward.

The City Attorney engaged in discussions with interested members of the community, including Michelle and Charles Covell, Dan Hale and Joshua Parke. Following these discussions and further review of the Zoning Code language, the City Attorney changed his opinion, determining that the most logical interpretation of the current code language is that the exemption for patios, porches and decks in End Note 5 is intended to apply specifically to covered patios, porches, decks and similar structures that are unenclosed on three sides. The City’s Attorney’s updated position is laid out in more detail in the memo included as Attachment No. 3. The basic reasoning for this new position is as follows: The Rules of Measurement include within gross floor area all areas covered by a roof and/or enclosed by exterior walls, but do not include exterior improvements that are not covered by a roof. In other words, uncovered patios, decks and porches are not included within the base definition of gross floor area. As a result, there would be no need to exempt uncovered patios, decks, etc. from gross floor area, since they are not included as part of gross floor area in the first place. Therefore, under the current code Agenda Item #12.2.

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the most reasonable interpretation is that the exemption included in End Note 5 is intended to apply to covered patios, porches, decks and similar structures that are unenclosed on three sides, and those areas currently are not included as part of the calculation of gross floor area.

Given the level of confusion this language has caused, staff does think that the City should make clarifying amendments to the Zoning Code, so it is clear whether or not covered patios, porches, decks and similar structures should be included in the calculation of gross floor area. This is ultimately a policy decision for City Council, and staff is seeking direction on whether the Council wants to include covered patios, porches and decks in the calculation of gross floor area or exclude those areas from the calculation.

DISCUSSION:

The limits in the Zoning Code on gross floor area within residential districts are intended to set limits on the volume, or size, of the buildings that may be constructed on residential lots within the City. A graphic depicting the manner in which gross floor area is determined is attached to this staff report as Attachment No. 4. The limits on gross floor area are intended to work in conjunction with other limitations such as lot coverage limits, height limits and setbacks to ensure that homes constructed in residential areas are not so large that they are out of character with the surrounding area.

The policy perspectives that support including covered patios, porches and decks as part of the gross floor area are as follows[1]:
 Members of the public have raised concerns about residential neighborhoods being developed with new homes that replace existing, more modest homes, with those new homes maximizing the buildable envelope allowable on those residential lots. That results in larger homes that are more expensive and, in some cases, out of character with the neighborhood.
 Roofed areas, even if they are unenclosed by walls, contribute to the overall massing of a structure, and add to the perceived size of the building when looking at it from the sidewalk or street. If those covered areas contribute to the perceived massing of the building, they should be included in the calculation of gross floor area.
 Including covered patios, porches and decks in the calculation of gross floor area would serve as an additional limitation on the overall size of homes and associated structures within the residential neighborhoods. This could result in homes that are not as large, and as a result are less expensive on resale and more in character with the surrounding neighborhood.

Policy perspectives that would support excluding covered patios, porches and decks from the calculations of gross floor area include the following [2]:

Agenda Item #12.2.

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 Covered patios and porches are consistent with the character of St. Helena, and including them as part of gross floor area discourages their use, because homeowners are forced to choose between covered outdoor area and interior living space.
 Covered patios, etc. should be encouraged because they help with natural cooling of the interior of homes, and provide for shaded outdoor areas, which are particularly beneficial in light of increasing temperatures due to climate change.  This is a change from the City’s historic treatment of covered patios, etc., and as a result some existing homes will become legal nonconforming uses if the home, inclusive of the covered outdoor areas, now exceed the maximum gross floor area. As a result, those homes will not be able to expand unless the owners comply with the new gross floor area limits.
 This will further restrict existing homeowners’ ability to add on to their homes to address a change in life circumstance (e.g., having additional children, taking in an elderly parent) if they have covered outdoor areas.

At the Council meeting, staff will seek direction from Council on whether Council believes that covered patios, etc. should be included or excluded from the calculation of gross floor area. Following Council direction, City staff will prepare an ordinance to carry out Council’s direction, take that proposed ordinance to the Planning Commission for recommendation, and return to Council for consideration of the ordinance. [1] City staff wants to make clear that these policy perspectives are arguments in favor of inclusion of covered patios, etc., not statements of fact, they are offered so the Council has an understanding of both sides of this issue. [2] The reasons offered for or against inclusion of covered patios in this staff report are not all-inclusive lists of reasons to support either position. Members of the public may offer other or more detailed reasons to support either side of this issue.

ENVIRONMENTAL REVIEW: None.

DOCUMENTS ATTACHMENTS:

St. Helena Municipal Code Section 17.16.030-c1
St. Helena Municipal Code Section 17.34.050-c1
Memo re Covered Balconies and Similar Structures-c1
Attachment 8 -Measuring Floor Area Graphic-c1
Agenda Item #12.2.

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17.16.030 Development standards.

Table 17.16.030(B): Development Standards—Residential Zoning Districts, establishes the development standards for the residential zoning districts. The numbers in the figure below refer to corresponding regulations in the table.

Table 17.16.030(B). Development Standards—Residential Zoning Districts Standard LR-1A LR MR HR Key
Density 1 du/ac 1, 2 1 to 5 du/ac 2 5.1 to 16 du/ac 16.1—28 du/ac Lot Size
Min. Lot Area 1.0 ac 3 7,000 sq ft 6,000 sq ft 7,000 sq ft 3,000 sq ft for
new small lot
development
3,000 sq ft for
new small lot
development
3,000 sq ft for
new small lot
development
Min. Lot Width 70 ft 70 ft 45 ft 45 ft
32 ft for small ❶
lot development
32 ft for small
lot development
Max. Lot Coverage
(Includes Accessory
Structures)
35% 35%
Lot widths <45
ft: Max. 35%
55%
Lot widths >45
ft: Max. 40%
Ch. 17.16 Residential Zoning Districts | St. Helena Municipal Code Page 1 of 6 The St. Helena Municipal Code is current through Ordinance 25-1, passed January 14, 2025.

Agenda Item #12.2.

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Table 17.16.030(B). Development Standards—Residential Zoning Districts Standard LR-1A LR MR HR Key
55% for new
small lot
development
Max. Primary
Building Footprint
(Excludes Accessory
Structures)
None Refer to Table

17.16.030(C)
None None
❷
1,400 sq ft for
detached small
lot detached
Max. Building Gross
Floor Area (All Floors)
5 Refer to Table

17.16.030(C) for
lots <1 acre Refer to Table

17.16.030(C)
Refer to End
Note 4 None
Max. 6,069 sq ft
for lots >1 ac in
area
Max. Building Height
Principal Structure 30 ft 30 ft/2 stories 30 ft/2 stories 42 ft/3 stories Ground floor
max. ceiling
height 15 ft
30 ft/2 stories
for small lot
development
Accessory
Structure 6
16 ft 16 ft 16 ft 16 ft
Setbacks
Min. Front Setback
20 ft for
structures <25 ft
in height
20 ft for
structures <25 ft
in height
20 ft 15 ft; 25 ft for
3rd floor and
above
❸
30 ft for
structures >25 ft
in height
30 ft for
structures >25 ft
in height
12 feet for small
lot development
10 ft for small
lot development
Min. Garage or
Carport Setback
From Building
Facade
None None 5 ft None
❹
Min. Street Side
Setback
20 ft for
structures <25 ft
in height
20 ft for
structures <25 ft
in height
15 ft for
structures <25 ft
in height
15 ft ❺
Ch. 17.16 Residential Zoning Districts | St. Helena Municipal Code Page 2 of 6 The St. Helena Municipal Code is current through Ordinance 25-1, passed January 14, 2025.

Agenda Item #12.2.

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Table 17.16.030(B). Development Standards—Residential Zoning Districts Standard LR-1A LR MR HR Key
30 ft for
structures >25 ft
in height
30 ft for
structures >25 ft
in height
20 ft for
structures >25 ft
in height
Min. Interior Side
Setback, Ground
Floor
10 ft for
structures <25 ft
in height
10 ft for
structures <25 ft
in height
5 ft setback
applied with the
combined
setback below
10 ft ❻
15 ft for
structures >25 ft
in height
15 ft for
structures >25 ft
in height
Combined
interior side
setbacks: 15 ft
for structures
<25 ft in height
Combined
interior side
setbacks: 20 ft
for structures
>25 ft in height
Min. Interior Side
Setback, Upper
Floors
5 ft for
structures <25 ft
in height
5 ft for
structures <25 ft
in height 9 ft when
adjacent to an
LR or MR district
None ❻
9 ft for
structures >25 ft
in height
9 ft for
structures >25 ft
in height
Min. Rear Setback
20 ft for
structures <25 ft
in height
20 ft for
structures <25 ft
in height
20 ft for
structures <25 ft
in height
10 ft ❼
30 ft for
structures >25 ft
in height
30 ft for
structures >25 ft
in height
30 ft for
structures >25 ft
in height
Min. Setback From
Abutting
Waterway
Min. 50 ft from top of bank of Napa River
❽ Min. 20 ft from top of bank of all other waterways
Landscaping and Open Space
Private Ground
Floor Open Space
n/a n/a Min. 80 sq ft/
unit
Min. 60 sq ft/
unit
Ch. 17.16 Residential Zoning Districts | St. Helena Municipal Code Page 3 of 6 The St. Helena Municipal Code is current through Ordinance 25-1, passed January 14, 2025.

Agenda Item #12.2.

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Table 17.16.030(B). Development Standards—Residential Zoning Districts Standard LR-1A LR MR HR Key
for Multifamily
Development
Min. Dimension
for Private Open
Space for
Multifamily
Development
n/a n/a 6 ft 6 ft
Common Usable
Open Space for
Multifamily
Development
n/a n/a Lot widths <45
ft: Min. 150 sq
ft/lot Min. 150 sq
ft/lot
❾
Lot widths >45
ft: Min. 200 sq
ft/lot
Min. Dimension
for Common
Usable Open
Space
n/a n/a
15 ft 15 ft
20 ft for small ❿
lot development
20 ft for small
lot development
Max.

Paved/Hardscaped
Area
25% of a front
setback area
25% of a front
setback area
30% of a front
setback area
30% of a front
setback area
Min. Landscaped
Area 7
35% of lot area 35% of lot area
Min. 25% of lot
area
Min. 25% of lot
area 25% for small lot
development
25% for small lot
development
Required Buffer
Abutting
Agricultural Use
n/a A landscaped buffer min. 15 ft width with street trees at 30 ft on center
End Notes:
1 Greater residential densities are allowed under state law if a site meets the standards for two-unit development as described in Chapter 17.31, Two-Unit Projects. 2 Densities existing as of January 1, 2023, are permitted to remain. 3 Parcels created by lot line adjustments may be less than one acre provided the number of parcels does not increase and that no lots are less than seven thousand (7,000) square feet. 4 Max. building gross floor area (all floors) for single-family residences including accessory structures is as follows:

Ch. 17.16 Residential Zoning Districts | St. Helena Municipal Code Page 4 of 6 The St. Helena Municipal Code is current through Ordinance 25-1, passed January 14, 2025.

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Lots < 6,000 sf: 1,995 sf
Lots 6,000—9,999 sf: 2,945 sf
Lots 10,000—14,999 sf: 3,705 sf
Lots 15,000—19,999 sf: 3,971 sf
Lots > 20,000 sf: 4,000 sf
5 The following additional standards apply for existing development and new construction in the LR-1A, LR, MR, and HR zoning districts:
a. The max. building gross floor area may be increased by four hundred (400) sf for construction of an ADU. b. The following buildings and areas are exempt from max. building gross floor area:
i. One covered parking space with a max. floor area of two hundred (200) sf; ii. Nonhabitable accessory buildings with a max. floor area of one hundred twenty (120) sf; iii. A nonhabitable basement or attic; and
iv. A balcony, porch, deck, or other structure that is unenclosed on at least three sides. 6 Additional standards for accessory buildings are described in Section 17.22.020, Accessory uses. 7 Landscaped setback and buffer areas count toward this requirement.

Table 17.16.030(C): Primary Building Gross Floor Area Standards in the LR-1A and LR Zoning Districts, establishes the maximum building footprint for primary buildings, excluding accessory structures.

Table 17.16.030(C). Primary Building Gross Floor Area Standards in the LR-1A and LR Zoning Districts
LR-1A Zoning District LR Zoning District
Lot Size
Max. Gross Floor
Area (excludes
accessory
structures)
Lot Size
Max. Gross Floor
Area (excludes
accessory
structures)
> 7,000—14,999 sq ft 3,900 sq ft < 7,000 sq ft 2,400 sq ft > 15,000—21,999 sq ft 4,425 sq ft > 7,000—7,999 sq ft 2,400 sq ft > 22,000—28,999 sq ft 4,950 sq ft > 8,000—8,999 sq ft 2,700 sq ft > 29,000—35,999 sq ft 5,475 sq ft > 9,000—9,999 sq ft 2,950 sq ft > 36,000—43,559 sq ft 6,000 sq ft > 10,000—10,999 sq ft 3,300 sq ft > 11,000—11,999 sq ft 3,480 sq ft
> 12,000—12,999 sq ft 3,640 sq ft
> 13,000—13,999 sq ft 3,780 sq ft
Ch. 17.16 Residential Zoning Districts | St. Helena Municipal Code Page 5 of 6 The St. Helena Municipal Code is current through Ordinance 25-1, passed January 14, 2025.

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The St. Helena Municipal Code is current through Ordinance 25-1, passed January 14, 2025.

Disclaimer: The city clerk’s office has the official version of the St. Helena Municipal Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above.

City Website: www.cityofsthelena.gov
Hosted by General Code.

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17.34.050 Measuring floor area and floor area ratio.

A. Areas Included in Floor Area Measurement. The floor area is measured as the sum of the gross horizontal floor areas of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings. Areas included and excluded from floor area are listed below.

1. Included in Floor Area Calculation.
a. All habitable space (as defined in the building code) that is below the roof and within the outer surface of the main walls of principal or accessory buildings or the centerlines of party walls separating such buildings or portions thereof.
b. In cases where no walls exist, the area covered by the roof excluding two feet on each side of the structure for a standard roof projection.
c. Interior walkways or corridors, interior courtyards, walkways, paseos, or corridors covered by a roof or skylight.
d. All floors of enclosed stairways, stairwells or elevator shafts.

2. Excluded From Floor Area.
a. Mechanical, electrical, and communication equipment rooms that do not exceed two percent of the building’s gross floor area.
b. Bay windows or other architectural projections where the vertical distance between the lowest surface of the projection and the finished floor is thirty (30) inches or greater. c. Any areas that satisfy the landscape and open space base zone requirements. d. In the case of a multistory building that has covered or enclosed stairways, stairwells or elevator shafts, the horizontal area of such features shall be counted only once at the floor level of their greatest area of horizontal extent.
e. In nonresidential buildings, areas used for off-street parking spaces or loading spaces, driveways, and maneuvering aisles that are located below the finished grade of the property. f. Arcades, porticoes, and similar open areas that are located at or near street level and are accessible to the general public but are not designed or used as sales, display, storage, service, or production areas. g. Outside areas used for sales and/or display (e.g., plant nurseries, building materials, auto sales, wine production, etc.).
h. A building or structure consisting of nonusable floor space such as a garage, carport, or storage shed.

Ch. 17.34 Rules of Measurement | St. Helena Municipal Code Page 1 of 3 The St. Helena Municipal Code is current through Ordinance 25-1, passed January 14, 2025.

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i. Unfinished attics, crawlspaces, and basements shall not be included unless converted and finished as usable floor space.

Figure 17.34.050. Measuring Floor Area
B. Floor Area Ratio (FAR). The floor area ratio (FAR) is the ratio of the floor area, excluding the areas described below, of all primary and accessory buildings on a site to the site area. To calculate the FAR, floor area is divided by site area, and typically expressed as a decimal. For example, if the floor area of all buildings on a site totals twenty thousand (20,000) square feet, and the site area is ten thousand (10,000) square feet, the FAR is expressed as 2.0.

The following are excluded from floor area in calculating FAR.

1. Underground Areas. Floor area located below finished grade.

2. Parking. Parking areas located below finished grade or finished floor of habitable space where the vertical distance between finished grade and finished floor is less than six feet.

3. Small Accessory Structures. Accessory structures up to one hundred twenty (120) gross square feet.

4. Unenclosed Porches. Covered porches for nonresidential uses where a minimum of three sides are unenclosed. (Ord. 23-4 § 5 (Exh. A))
Ch. 17.34 Rules of Measurement | St. Helena Municipal Code Page 2 of 3 The St. Helena Municipal Code is current through Ordinance 25-1, passed January 14, 2025.

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The St. Helena Municipal Code is current through Ordinance 25-1, passed January 14, 2025.

City Website: www.cityofsthelena.gov
Hosted by General Code.

Ch. 17.34 Rules of Measurement | St. Helena Municipal Code Page 3 of 3 The St. Helena Municipal Code is current through Ordinance 25-1, passed January 14, 2025.

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Ethan J. Walsh
(916) 551-2825
[email protected]
83578.00101\43881105.1
500 Capitol Mall. Suite 2500.Sacramento, CA 95814
Phone: (916) 325-4000 | Fax: (916) 325-4010
bbklaw.com
Memorandum

VIA E-MAIL
To: Maya DeRosa
Community Development Director
City of St. Helena
File No.: 83578.00101
From: Ethan Walsh
City Attorney
City of St. Helena
Date: June 13, 2025
Re: Treatment of Covered Balconies, Porches and Decks in Residential Zoning Districts for Purposes of Calculating Gross Floor Area Under the St. Helena Zoning Code

QUESTIONS PRESENTED
You have requested a memo outlining my interpretation of whether covered balconies, porches and decks should be included in the calculation of maximum gross floor area in residential zones under the St. Helena Zoning Code (the “Zoning Code”).

BRIEF ANSWER
While there is some ambiguity in the Zoning Code, the most reasonable interpretation of the Zoning Code, in my opinion, is that covered balconies, porches and decks should not be included in the calculation of maximum gross floor area in residential zones.

This is a change from what I had discussed with you orally in the past. However, after spending more time reviewing the Zoning Code in light of some of the concerns raised by community members, I have changed my opinion and believe that the most reasonable interpretation is that covered balconies, porches and decks should not be counted toward maximum gross floor area in residential zones. I have included the basis for my interpretation below.

ANALYSIS
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83578.00101\43881105.1
- 2 -
Best Best & Krieger LLP
Under the current Zoning Code, the City establishes limits for “maximum building gross floor area” within the LR-1A, LR and MR residential zoning districts. The maximum building gross floor area for the MR district is established on a sliding scale dependent on lot size, and is set forth in Zoning Code Sec. 17.16.030, endnote 4. The maximum building gross floor area for the LR-1A and LR districts is similarly established on a sliding scale and is set forth in the Zoning Code at Table 17.16.030(C).

In order to determine how to calculate maximum gross floor area, we must first determine what areas are included as part of the gross floor area. Section 17.34.050(A) of the Zoning Code provides the approach that the City uses for measuring floor area. Section

17.34.050(A) first states that “[t]he floor area is measured as the sum of the gross floor areas of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings.” The Zoning Code continues in Section 17.34.050(A)(1) and (2) to further describe areas that are included and excluded from floor area. The Zoning Code lists the following areas as being included in the calculation of floor area:
“a. All habitable space (as defined in the building code) that is below the roof and within the outer surface of the main walls of principal or accessory buildings or the centerlines of party walls separating such buildings or portions thereof.
b. In cases where no walls exist, the area covered by the roof excluding two feet on each side of the structure for a standard roof projection. c. Interior walkways or corridors, interior courtyards, walkways, paseos, or corridors covered by a roof or skylight.
d. All floors of enclosed stairways, stairwells or elevator shafts.” Zoning Code Section 17.34.050(A)(1) [emphasis added].

While Section 17.34.050(A) provides a baseline method for determining what areas to include in the calculation of gross floor area, Zoning Code Section 17.16.030, endnote 5, adds that “additional standards that apply for existing development and new construction in the LR-1A, LR, MR and HR zoning districts.” As part of those “additional standards”, subparagraph (b) of endnote 5 declares that:
“The following buildings and areas are exempt from max. building gross floor area:
i. One covered parking space with a max. floor area of two hundred (200) sf;
ii. Nonhabitable accessory buildings with a max. floor area of one hundred twenty (120) sf;
iii. A nonhabitable basement or attic; and
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St. Helena City CouncilJuly 22, 2025

St. Helena City Council
July 22, 2025