Cities Index.
Agenda, regular meeting

St. Helena City Council
August 12, 2025

Document
Agenda, regular meeting
Meeting
August 12, 2025
Body
St. Helena City Council
Pages
378
Original file
12.5 MB
Text extracted from the city's file for reading and search. Open the original on sthelenaca.api.civicclerk.com. That file is the official record.

Agenda Item #10.10.

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Proposal to Provide Professional Auditing Services

IDENTIFICATION OF ANTICIPATED POTENTIAL AUDIT PROBELMS
We understand that the adoption of new laws or accounting principles can significantly impact the audit process, and we are committed to addressing these challenges effectively. Our team of experienced auditors stays updated with the latest regulations and accounting standards to ensure compliance and accuracy in our work. We will closely monitor any changes in laws or accounting principles that may affect the audit and promptly adapt our approach to accommodate these modifications. In the event that we encounter specific complexities or require additional support, we will communicate and coordinate with the City to request any special assistance needed.

We believe in fostering a collaborative relationship, and by working closely with the City, we can overcome potential hurdles and ensure a successful audit engagement. Our proposal aims to demonstrate our proactive approach to anticipating and managing audit problems, as well as our commitment to providing high-quality services while adhering to relevant laws and accounting principles.

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Agenda Item #10.10.

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Proposal to Provide Professional Auditing Services

TOTAL ALL-INCLUSIVE MAXIMUM PRICE AND HOURLY RATES
Our fees are generally lower than other competing firms since we keep our overhead low; we follow a scientific audit approach and we make extensive use of emerging technologies that allow us to conduct audits efficiently. Our policy is to provide you with exceptional service that meets and exceeds professional auditing standards at a competitive cost.

Summarized below are the professional fees for the City's auditing services for the FY ending June 30, 2025, through June 30, 2029:

EXHIBIT A
Schedule of Professional
Fees and Expenses to
Support the Total AllIncluding Maximum Price HoursStandard Hourly Rates
Quoted
Hourly Rates Total
Partner 13 $ 350 $ 350 $ 4,550.00
Manager 24 $ 225 $ 225 $ 5,400.00
Supervisory Staff 45 $ 150 $ 150 $ 6,750.00
Staff 100 $ 120 $ 120 $ 12,000.00
Other (Clerical Staff): 10 $ 90 $ 90 $ 900.00
Sub-total 192 $ 29,600.00
Out-of-pocket Expenses: $ -
Total $ 29,600.00

EXHIBIT B
Optional Years
All-Inclusive Maximum Price
by Report FY 2024/25 FY 2025/26 FY 2026/27 FY 2027/28 FY 2028/29 State Controller's Reports:

City Annual Report of
Financial Transactions &
Streets Report $ 2,600.00 $ 2,730.00 $ 2,870.00 $ 3,010.00 $ 3,160.00 City Audit/ACFR $ 23,000.00 $ 24,150.00 $ 25,360.00 $ 26,625.00 $ 27,955.00 Single Audit** $ 4,000.00 $ 4,000.00 $ 4,000.00 $ 4,000.00 $ 4,000.00 Total $ 29,600.00 $ 30,880.00 $ 32,230.00 $ 33,635.00 $ 35,115.00

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Agenda Item #10.10.

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Proposal to Provide Professional Auditing Services
 We are well-equipped to perform audits on a remote basis. We will provide our audit services on a remote basis.
 Fees for subsequent fiscal years audit will include an annual inflationary adjustment of 5%.  **Single audit fees are based on the one (1) major program. The price for auditing each additional major program will be $3,500.00.

Rates for Additional Professional Services
We will perform additional work only if set forth in an addendum to the contract between the City and our firm. Our fees for the additional services, if required, will be based on the actual time spent by professional or administrative personnel at quoted hourly rates, specified above. Our standard hourly rates vary according to the degree of responsibility involved, and the experience level of the personnel assigned.

Manner of Payment
Progress billings will be sent on the basis of actual audit work completed during the course of the engagement. Interim billings do not cover a period of less than a calendar month. We view this work as being every bit as important and valuable as the work we perform for other clients and we put our best people on it. Any consulting work you request will be performed at the same rates as our audit work and payment will be receiving under the following schedule.

Bill for Questions on Technical Matters
Routine consultations regarding recommended accounting procedures, IRS, and other regulations are included in the fees stated above. We encourage you to contact us throughout the year on technical matters that arise, which are not directly associated with the audit or tax return preparation. We will not bill for items that do not require research or items that require a minimum amount of research. Generally, we will discuss the need to bill you for research that takes an hour or more of our time. We will agree on the fee estimate with you before we begin the research. In addition, you may ask us to provide additional business advisory, accounting, and tax services. These services will be invoiced based on standard hourly rates by level of experience of the person performing the project. We believe there will be significant start-up time in the initial year of our engagement but we will bear that cost to get up to speed on your company specifics as we view the engagement as a long-term relationship.

We have provided you a fee estimate based on the following assumptions:
 The accounting records will be in balance and supported by appropriate documentation.  The City’s staff will provide the supporting schedules for all asset and liability accounts.  The City's staff will provide general assistance, such as locating documents, typing confirmation requests, and coordinating meetings.

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Agenda Item #10.10.

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Proposal to Provide Professional Auditing Services
Benefits of Choosing Harshwal & Company, LLP
Harshwal & Company, LLP is recognized for its professionalism, integrity, and providing clients with effective resolutions for their unique circumstances and issues. Our firm prides itself on being able to provide personalized client services, and with that sentiment in mind, we have carefully chosen our engagement teams. Harshwal & Company, LLP’s main objective is always to provide the City with solutions and directions, led by highly experienced and capable partners who can successfully implement the work and produce the results you expect.

This philosophy and mindset allow us to provide a superior level of service. We trust that this proposal has given you the information you need about the firm, the engagement team members, our overall audit approach, firm's cost-saving measures, and audit fees. We are committed to exceeding your expectations, and we look forward to bringing our experience and expertise to the City and providing you with the excellent level of service that you expect and deserve.

Inherent in our service is the on-going support, education, and advice to our clients. The comprehensive service includes:
 Email updates on all new and pertinent developments.
 A careful review of the effects of these new developments (if any), on your particular circumstances. If necessary, we will advise you on any changes needed in accounting procedures.  We will meet with the Finance Department head at the beginning of the audit to advise on matters of particular interest. We will provide "best practices" for effective daily operations that will also provide information necessary for the financial statements.
 Throughout the audit, we will advise your accounting personnel on best practices for maximum efficiency in each major operational area.
"Keeping in touch with" is the hallmark of our service. You will receive phone calls, emails, and information through the Harshwal & Company, LLP portal on a consistent and regular basis.

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Agenda Item #10.10.

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Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Finance
DATE: August 12, 2025
FROM: Martin Beltran, Finance Manager
SUBJECT: Second Reading of Ordinance Reimplementing Penalties for Delinquent Water and Sewer Bills.

RECOMMENDED
ACTION:

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

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

Helena Municipal Code and Section 13.20.020 of Chapter

13.20, Title 13 of the St. Helena Municipal Code regarding 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. 7/22/2025 - City Council conducted and approved the first reading of the proposed Ordinance regarding
reimplementing penalties for delinquent water and sewer bills.

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
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revenues as a result of implementing penalties assessed on delinquent bills.

BACKGROUND:

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 that 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.

The City Council conducted and approved the first reading at the regular City Council meeting of July 22, 2025.

DISCUSSION:

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 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;
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 Allocate interest and penalty revenue to support customer assistance programs, such as the CARES subsidy.

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.

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 - SHMC Section 13.04.130 and 13.20.020 - Redline Attachment C - SHMC Section 13.04.130 and 13.20.020 - Clean Attachment D - P-FI-0019 Discontinuation of Water Service for Non-Payment - Redline Attachment E - P-FI-0019 Discontinuation of Water Service for Non-Payment - Clean Agenda Item #10.11.

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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 forty-five (45) 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 Agenda Item #10.11.

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65448.00100\43775773.1
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 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;

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

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

4. 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;
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65448.00100\43775773.1

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 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 thirty (30) days from and after the date of its final passage and adoption.

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65448.00100\43775773.1
THE FOREGOING ORDINANCE was introduced at a regular meeting of the St. Helena City Council on the 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: _____
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 22nd day of July, 2025. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of , 2025, by the following vote:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1. If a payment by a customer has been delinquent for at least 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;

2. If a payment by a customer has been delinquent for at least sixty (60) days, the city may disconnect the premises from the water system for nonpayment of water bills following proper notice. Water shutoff shall occur consistent with the disconnection of water service for nonpayment policy adopted by a resolution of the city council; Agenda Item #10.11.

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32. 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;

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

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

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

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

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

H. Lien for Delinquencies. In addition and as an alternative to any other remedy for enforcement and collection, all delinquent water service charges, including late charges and interest for nonresidential properties, shall become a lien upon the nonresidential real property upon which water is furnished prior to all other liens, encumbrances or exemptions, other than state and county taxes, and shall have the force and effect of a tax lien. The lien shall continue until it is paid together with the penalties and interest set forth in this section. The lien shall be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All acts applicable to levy, collection and enforcement of municipal taxes apply to this lien. (Ord. 20-4 § 1; Ord. 16-13 § 5 (Att. 6); Ord. 02-5 § 18; prior code § 18.13) Agenda Item #10.11.

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13.20.020 Sewer charges.

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

B. Collection and Billing Generally.

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

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

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

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

D. Delinquencies. In addition and as an alternative to any other remedy for the enforcement and collection of sewer charges, all delinquent sewer charges shall become a lien upon the real property upon which sewage is furnished or supplied, prior to all other liens, encumbrances or exemptions, other than state and county taxes, and shall have the force and effect of a tax lien, and shall be enforced as follows: on or about September 1st of each year the city clerk shall note the amount of all delinquent sewer charges upon the assessment of such real property as shown upon the assessment roll of the city for the current fiscal year, and shall add the amount of such delinquent sewer charges to the tax assessed against such real property and the amount shall be collected with such taxes in the same manner and at the same time as city taxes, and, if not so paid, the same penalties shall be added as are now, or may thereafter be, added to delinquent taxes, and thereafter Agenda Item #10.11.

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the real property upon which it is a lien shall be sold and be subject to redemption in the same manner as real property is now, or may hereafter be, sold for delinquent taxes.

E. Hardship Agreements. City finance department may in its discretion offer hardship agreements which create payment plans for delinquent bills. Such agreements are available at the finance department. All requests for hardship agreements and payment plans must be submitted in writing.

Hardship agreements may be approved at the discretion of the finance director based on amount owed and payment history. (Ord. 19-9 § 2 (Exh. B); Ord. 16-13 § 5 (Att. 6); Ord. 11-4 § 3; Ord. 08-1 § 1; Ord. 04- 9 § 2; Ord. 00-6 § 2; prior code § 12.3)
Agenda Item #10.11.

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13.04.100 Rules and regulations generally.

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

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

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

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

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

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

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

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

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

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

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

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

Agenda Item #10.11.

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H. Previous Agreements. None of the provisions of this chapter and Chapters 13.08 and 13.12 shall apply to or in any manner affect any agreement for furnishing water, for extension of water mains or installation or maintenance of water service made before June 10, 1952, and to which the city is a party, but as to such agreements, the provisions and requirements of ordinances and resolutions in force at date of such agreement shall apply and any and all such agreements so made are ratified and confirmed. (Ord. 19-9 § 1 (Exh. A); Ord. 16-13 § 5 (Att. 6); amended by city 4/17/13; Ord. 02-5 § 18; prior code § 18.10)
Agenda Item #10.11.

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13.04.130 Enforcement—Discontinuance of service upon delinquency.

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

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

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

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

1. If a payment by a customer has been delinquent for at least 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;

2. If a payment by a customer has been delinquent for at least sixty (60) days, the city may disconnect the premises from the water system for nonpayment of water bills following proper notice. Water shutoff shall occur consistent with the disconnection of water service for nonpayment policy adopted by a resolution of the city council; Agenda Item #10.11.

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

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

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

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

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

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

H. Lien for Delinquencies. In addition and as an alternative to any other remedy for enforcement and collection, all delinquent water service charges, including late charges and interest for nonresidential properties, shall become a lien upon the nonresidential real property upon which water is furnished prior to all other liens, encumbrances or exemptions, other than state and county taxes, and shall have the force and effect of a tax lien. The lien shall continue until it is paid together with the penalties and interest set forth in this section. The lien shall be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All acts applicable to levy, collection and enforcement of municipal taxes apply to this lien. (Ord. 20-4 § 1; Ord. 16-13 § 5 (Att. 6); Ord. 02-5 § 18; prior code § 18.13) Agenda Item #10.11.

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13.20.020 Sewer charges.

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

B. Collection and Billing Generally.

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

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

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

D. Delinquencies. In addition and as an alternative to any other remedy for the enforcement and collection of sewer charges, all delinquent sewer charges shall become a lien upon the real property upon which sewage is furnished or supplied, prior to all other liens, encumbrances or exemptions, other than state and county taxes, and shall have the force and effect of a tax lien, and shall be enforced as follows: on or about September 1st of each year the city clerk shall note the amount of all delinquent sewer charges upon the assessment of such real property as shown upon the assessment roll of the city for the current fiscal year, and shall add the amount of such delinquent sewer charges to the tax assessed against such real property and the amount shall be collected with such taxes in the same manner and at the same time as city taxes, and, if not so paid, the same penalties shall be added as are now, or may thereafter be, added to delinquent taxes, and thereafter Agenda Item #10.11.

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the real property upon which it is a lien shall be sold and be subject to redemption in the same manner as real property is now, or may hereafter be, sold for delinquent taxes.

E. Hardship Agreements. City finance department may in its discretion offer hardship agreements which create payment plans for delinquent bills. Such agreements are available at the finance department. All requests for hardship agreements and payment plans must be submitted in writing.

Hardship agreements may be approved at the discretion of the finance director based on amount owed and payment history. (Ord. 19-9 § 2 (Exh. B); Ord. 16-13 § 5 (Att. 6); Ord. 11-4 § 3; Ord. 08-1 § 1; Ord. 04- 9 § 2; Ord. 00-6 § 2; prior code § 12.3)
Agenda Item #10.11.

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

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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 #10.11.

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

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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 #10.11.

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

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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 #10.11.

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

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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 #10.11.

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

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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 #10.11.

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

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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 #10.11.

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

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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 #10.11.

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

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

Disconnection of Water
Service for Nonpayment Last Update Date 2025-08-12
Approval by City Council Resolution No. 2020-039 Date Approved 2025-08-12 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 #10.11.

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

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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 twenty-one (21) 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 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.
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.

5. Enforcement – Final Notice of delinquency (after 60 days) 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).

Agenda Item #10.11.

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

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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 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, Agenda Item #10.11.

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

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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:

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 Agenda Item #10.11.

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

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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.

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. 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.

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 Agenda Item #10.11.

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

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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.

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 #10.11.

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Agenda Report to the City Council
Agenda Section: PUBLIC HEARINGS
Department: Public Works
DATE: August 12, 2025
FROM: Rebecca White, Administrative Assistant
SUBJECT: Consideration and proposed approval of a resolution approving the annexation of the property known as 945
Main Street, St. Helena, CA (APN 009-263-007), into the St. Helena Municipal Sewer District No. 1, MSD
Annexation No. 152.

RECOMMENDED
ACTION:

It is recommended the City Council adopt a Resolution
approving the annexation of the territories into the St Helena Municipal Sewer District No. 1 MSD.

PREVIOUS COUNCIL
ACTION:

City Council approved Resolution 2025-051 on June 10,
2025, requesting to set a public hearing for August 12, 2025, to consider objections to the proposed annexation as required by state law.

STATEMENT OF THE
PURPOSE:

Commence a public hearing to consider objections to the proposed annexation into the St. Helena Municipal Sewer District No. 1. Consideration and approval a Resolution approving the proposed annexation if the proposed
annexation is found to be beneficial for the properties.

FINANCIAL IMPACT: None.

BACKGROUND:

Any property that wishes to connect and utilize the sanitary sewer system in the City of St. Helena must be annexed into the Municipal Sewer District No. 1. All applications for annexations shall be approved by the City Council pursuant to the requirements of state law (SHMC § 13.20.040). State law details the requirements in Health and Safety Code Section 4600. City Council approval of the annexation is the formal administrative process to change the property’s tax rate area code from septic to sanitary sewer. The process for a property to be annexed requires that a resolution be adopted ordering a public hearing by an affirmative vote of at least two-thirds of all the members of the City Council (HSC § 4643). The resolution is required to contain the following information and finding:
(a) Describe the boundaries of the territory proposed to be annexed. (b) Designate the proposed annexation by an appropriate number. (c) Declare that the area to be annexed to the district will be benefited by such annexation.

Agenda Item #11.1.

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

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

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

If the City Council approves the resolution following the public hearing on August 12, 2025, City staff will then process the annexation with Napa County and the State Board of Equalization to change the tax rate area code for the property. Staff will work with the applicant to collect outstanding fees and obtain required permits.

DISCUSSION:

The public hearing notices to consider objections to the proposed annexation for August 12, 2025, were published in the newspaper on July 10, 2025, and on July 17, 2025.

Additionally, notices of the public hearing and the Resolution were distributed within the area to be annexed not earlier than the 60th day or later than the 30th day prior to the hearing.

At the time established for the hearing, City Council will hear and consider any objections to the annexation and exclude any territory which in the Council’s opinion will not be benefited by the annexation. After making changes to the boundaries of the area to be annexed, if any, the City Council may then adopt a Resolution approving the annexation of the property into the District, which will require at least four affirmative votes. Upon a determination by the Council that the property will be benefited by the annexation, certified copies of the Resolution will then be recorded (HSC § 4613). Upon recordation of the Resolution the property annexed becomes a part of the District and is subject to all the liabilities and entitled to all the benefits of the District (HSC § 4648).

City Council is requested to consider the annexation from the following parties into the District:

Agenda Item #11.1.

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945 Main Street, St. Helena, CA (APN 009-263-007) applied to be annexed into the St.

Helena Municipal Sewer District No. 1 (“District”), MSD Annexation No. 152.

The location map for the property is attached. Staff request City Council to consider the applicant's annexation request and consider a Resolution approving the annexation. If the City Council approves the Resolution following the hearing, City staff will then process the annexation with Napa County and the State Board of Equalization to change the tax rate area code for the property. Properties will then become eligible to connect to the City's sanitary sewer system.

ENVIRONMENTAL REVIEW:

Properties that are annexed into the District and connect to the sanitary sewer system will be required to abandon existing septic systems in accordance with Napa County Environmental Health Services.

GOAL:

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

Exhibit A
Resolution
Agenda Item #11.1.

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945 Main Street
Agenda Item #11.1.

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CITY OF ST. HELENA
RESOLUTION NO. 2025-__

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

RECITALS
A. The property at 945 Main Street, St. Helena, CA (APN 009-263-007) will benefit from annexation into the St. Helena Municipal Sewer District No. 1, MSD Annexation No. 152; and
B. A public hearing regard this proposed annexation was order on June 10, 2025, and was duly noticed and held on August 12, 2025, at a regular meeting of the City Council of the City of St. Helena; and
C. All annexation fees have been paid; and
D. The City has complied with all laws applicable to these annexation proceedings, including without limitation Health & Safety Code Section 4641.

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

1. The territory described in the attached Exhibit A, commonly known as 945 Main Street, St. Helena, CA (APN 009-263-007) is hereby ordered annexed.

2. The City Clerk shall cause a certified copy of this Resolution to be recorded with the official records of the County of Napa, pursuant to Section 4647 of the Health & Safety Code.

Approved at a Regular Meeting of the St. Helena City Council on August 12, 2025, by the following vote:

Mayor Dohring:

Vice Mayor Deasy:

Council Member Barak:

Council Member Spadarotto:

Council Member Summers:

Agenda Item #11.1.

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APPROVED: ATTEST:
________________________ ________________________
Paul Jamison Dohring, Mayor Erika Opp, Acting City Clerk Agenda Item #11.1.

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City Council
August 12, 2025
Agenda Item 11.1
Public Hearing – Sewer Annexation
945 Main Street
Joe Leach, PE, Director of Public Works
Agenda Item #11.1.

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• Public Hearing for the purposes of annexing parcels into the St Helena Municipal Sewer District No. 1.
• Consistent with St Helena Municipal Code 13.20.040
• Once approved, filing with Napa County and State Board of Equalization • Initial step to connect to sewer system
- applicants responsible for all connection costs
- may be eligible for reimbursement for mainline extension - may be required to reimburse another property owner for previous mainline extension.

Scope of Action
Agenda Item #11.1.

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945 Main Street
Agenda Item #11.1.

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Adopt Resolution of the City Council of the City of St. Helena to approve the annexation of the property known as:
• 945 Main Street, St. Helena, CA (APN 009-263-007), into the St. Helena Municipal Sewer District No. 1, MSD Annexation No. 152.

Recommended Action
Agenda Item #11.1.

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Agenda Report to the City Council
Agenda Section: OLD BUSINESS
Department: Administration
DATE: August 12, 2025
FROM: Anil Comelo, City Manager
SUBJECT: Summary of Steps Taken To Address Fiscal Challenges and Seek Direction on Potential Future Actions

RECOMMENDED
ACTION:

Provide Direction On Potential Future Actions

PREVIOUS COUNCIL
ACTION:
 May 24, 2016 – Sales Tax Measure for November
2016 Ballot
 February 8, 2022 – General Obligation Bond (GO
Bond) Measure for June 2022 Ballot
 February 28, 2023 - Long Range Financial Plan
Options
 May 23, 2023 - Report to City Council on Potential
Revenue Options
 November 28, 2023 - Resolution declaring City
parcels to be surplus
 October 10, 2023 - Presentation on GO Bond
Opinion Research
 February 27, 2024 - Real Property Transfer Tax
Recommended Structures and Council Direction
 March 12, 2024 - Draft City Charter Language to
City Council
 April 9, 2024 - 1st Public Hearing Charter City
 May 14, 2024 - 2nd Public Hearing Charter City
 May 14, 2024 - Presentation on Real Property
Transfer Tax and Charter City Opinion Research
and Council direction.
 June 11, 2024 - Adopt Resolutions placing the
Charter City and Real Property Transfer Tax
Measures on the November 5, 2024 Ballot
 March 11, 2025 Provide an Updated Analysis of the
City's Revenues and Expenditures to Determine the
Extent of the Structural Deficit.
 April 8, 2025 - Provide direction to staff on preferred revenue options to bring back to City Council for
consideration

STATEMENT OF THE
PURPOSE:

To Seek Direction on Potential Future Actions to Address City’s Fiscal Challenges
FINANCIAL IMPACT: None.

Agenda Item #12.1.

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BACKGROUND:

Over the past decade, city council and staff have struggled with the challenge of insufficient funding to address rising costs, aging infrastructure, a more complex regulatory environment, and growing community expectations. Starting in 2017, recognizing the deterioration of the City’s assets and the need to provide better services to the community, City Council set in motion a series of studies, working committees, and reports to categorize assets, provide cost estimates for replacement/repair, and develop funding strategies for the replacement/repair of assets/infrastructure. These efforts were consistent with the following City Council Goals:
 Goal 1 – Strengthen Financial Sustainability,
 Goal 2 – Improve Infrastructure and Environmental Sustainability,  Goal 5 – Enhance Quality of Life,
 Goal 8 – Implement Capital Improvement Plans
In 2023 and 2024, the City conducted an operational review of city services by department to explore potential efficiencies, shared services, and cost savings. The city also implemented eight (8) technology solutions to enhance customer service and efficiency. Additionally, the City increased User Fees and Impact Fees, Water and Wastewater Rates, and sought Grants. On May 23, 2023, a report was brought to Council that further discussed revenue options and City Council directed staff to explore the feasibility of a General Obligation Bond, a Real Property Transfer Tax, and other revenue enhancement options as needed. At the June 11, 2024 meeting, the City Council adopted resolutions placing the Real Property Transfer Tax and Charter Amendment on the ballot which failed in November. The city also initiated the sale of city properties and chose to sell Main Street and Railroad Avenue properties. The goal was to create stable revenue streams to fund the revitalization of the city’s infrastructure, advance workforce housing to support local businesses, and improve quality of life for residents. April 11, 2025 City Council received a staff report which listed various revenue options.

DISCUSSION:

Despite many efforts over the years, the city continues to face well-documented challenges due to inadequate revenues. These challenges include outdated equipment and technology, deteriorating roads, sidewalks, and water-wastewater systems, understaffed departments, and poorly maintained parks and other city facilities.

Since the RPTT measure failed in November 2024, there have been discussions at previous City Council and Finance Committee meetings on the need for new revenues.

It is anticipated that over the next couple of months, the Finance Committee will do the following:
 Review of the Cost Allocation plan
Agenda Item #12.1.

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 Determination of regular deficit (Structural Deficit)  Analysis of Compensation study
 Evaluation and recommendation of options for expenditure reductions and revenue enhancement measures and strategies
This work by the Finance Committee will be critical as the City Council evaluates recommendations and makes decisions related to staffing levels, collective bargaining, and potential ballot measure(s) in November 2026.

The charts below illustrate the projected financial position as of June 30, 2026, and June 30, 2027, based on the estimated revenues and expenditures outlined in the biennial budget.

Agenda Item #12.1.

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As the budget projections for the next two fiscal years above shows, the city is projected to end FY 2027 with a deficit of $1.6 million and reserve level of 34.2%. While this is above the required 30% (by city council policy), the reserve level has been trending downward and continued withdrawal is imprudent. The budget for the next two years, like the last decade or more, is being kept artificially low by not properly funding various aspects of city operational needs. When other factors are considered, the projected annual deficit balloons to somewhere between $6 million and $10 million depending upon the items included.

The charts below outline the estimated costs associated with unfunded needs, including additional staffing, market adjustments, capital improvement needs, and other key financial obligations.

Agenda Item #12.1.

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Agenda Item #12.1.

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The fact remains that the City has a structural deficit. The extent of which can be debated and as stated earlier, depends upon the factors included. The following are some factors:
 Annual cost for General Fund related Capital Improvement Plan items or projects that are not currently funded through Water/Wastewater enterprise funding or other dedicated funding source.
 Allocation for capital items such as vehicles, equipment, computers, etc.  Paying employees competitive compensation
 Paying down debt and liabilities such as the pension obligation  Investments in the maintenance of roads, sidewalks, bridges, buildings, parks and other assets that do not currently have a dedicated funding source.

The Streets Masterplan, Parks Masterplan, Efficiency and Business Transformation study, and the Compensation review currently underway will provide valuable data with which the City Council can prioritize and with the support of the Finance Committee and staff chart a course of action.

On November 28, 2023, the city council declared two properties—one on Main Street and the other on Railroad Avenue—as surplus and since then the city launched the sale process. Developing new revenue streams and building housing units through the sale of city properties remain top priorities for the city. The city is therefore fortunate to have underutilized city properties that can help achieve these goals. The work related to the sale of the two properties is ongoing and staff is currently negotiating an Exclusive Negotiating Agreement (ENA) with the finalist developer. Once the ENA is authorized by City Council, staff can begin to negotiate a Development Agreement (DA) to build housing on Railroad and a hotel on the City Hall site on Main Street. If everything goes Agenda Item #12.1.

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according to plan, the City will likely receive sales proceeds in Fiscal Year 2027 or 2028 and ongoing revenue about 2 years later.

Revenue from any potential hotel development is at least 4 years away and will likely not cover all the short- and long-term costs/liabilities of the City. If there is agreement on this point, it would be prudent to explore revenue measure(s) and early discussions would be beneficial.

Attached is a list of potential revenue measures that were presented to city council on April 8, 2025.

ENVIRONMENTAL REVIEW: None
GOAL:

Goal 1: Strengthen Financial Sustainability
Goal 2: Improve Infrastructure & Further Environmental Sustainability Goal 5: Enhance Quality of Life
DOCUMENTS ATTACHMENTS:

04.08.2025_Revenue options
Agenda Item #12.1.

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Revenue Type Notes Estimated Annual Revenue
Update Business License Tax
Current annual revenues total
$101,000
Change to a gross receipts
model based on sales
attributable to the jurisdiction.

Estimate based on a 1% gross
receipts tax (net of annual
enforcement costs)
There are various types of
Business License Taxes may
be considered:

Payroll Tax*
Business Activity Tax*
$3,200,000
Parcel Tax (Fire Services)
The fire budget is approximately
$2.7 million. To generate that
amount from a parcel tax would
require a $704 parcel tax
$2,700,000
Sales Tax/Transactions & Use
Tax Increase by 0.5% $2,300,000
Real Property Transfer Tax
Also requires becoming a
General Law City
Estimated based on a 1.5% tax
rate
Next window for a ballot
measure would be November
2027.
$2,250,000
Parcel Tax (Library)
The library budget is
approximately $1.2 million. To
generate that amount from a
parcel tax would require a $313
parcel tax
$1,200,000
User Utility Tax Range is based on per capita
rates of $100 to $175 $450,000 - $787,500
Agenda Item #12.1.

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* Both the Payroll Tax and Business Activity Tax would require a deeper analysis and are cumbersome to administer.

Parking Meters Downtown Would require enforcement $300,000 - $500,000 Establish Citywide Parks
Maintenance District
Would require annual reports
Would require a nexus study
City would be required to
provide "general benefit"
financial contributions
$300,000 - $500,000
Transient Occupancy Tax
(TOT) Increase TOT by 1% $450,000
Increase # of STRs
Average per STR is $10,500
annually. Adding 25 new STRs
will generate approximately
$262,500 annually.
$262,500
Agenda Item #12.1.

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FINANCIAL FUTURE
City of St. Helena – Financial Future Report
August 2025
Agenda Item #12.1.

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AGENDA
• Review FY 2025-26 and FY 2026-27 budget data
• Receive estimates for Structural Deficit and GF Reserves Agenda Item #12.1.

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GENERAL FUND ESTIMATED NET POSITION – AS OF JUNE
30, 2026
Description FY26 Fund Balance Reserve
%
Estimated Unassigned Fund Balance @ 6/30/25 10,915,126
Estimated Revenues @ 6/30/26 20,771,956
Estimated Expenses @ 6/30/26 (22,183,691)
Excess of Revenues over Expenditures (1,411,735)
Estimated Unassigned Fund Balance @ 6/30/26 9,503,391
Estimated Unassigned Net Position 42.8%
Agenda Item #12.1.

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GENERAL FUND ESTIMATED NET POSITION – AS OF JUNE
30, 2027
Description FY27 Fund Balance Reserve
%
Estimated Unassigned Fund Balance @ 6/20/26 9,503,391
Estimated Revenues @ 6/30/27 21,402,954
Estimated Expenses @ 6/30/27 (23,021,620)
Excess of Revenues over Expenditures (1,618,666)
Estimated Unassigned Fund Balance @ 6/30/27 7,884,725
Estimated Unassigned Net Position 34.2%
Agenda Item #12.1.

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CAPITAL IMPROVEMENT NEEDS - GF
Capital Projects
20-Year Other Identified Projects (Years 1 - 20)
Budget Available
Funding Shortfall
Streets 79,476,055 50,124,241 (29,351,814)
Stormwater 19,182,000 10,500,000 (8,682,000)
Civic 30,260,120 - (30,260,120)
Subtotals: 128,918,175 60,624,241 (68,293,934)
General Fund Estimated Annual Shortfall (3,419,165)
Agenda Item #12.1.

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ADDITION OF 4.5 POSITIONS & MEDIAN
Addition of 4.5 positions and wages at Market Median
Costs
Current Positions 17,180,029
Additional Positions (4.5) 685,000
Cost of Market Median 669,520
Capital Asset Replacement 1,000,000
Unfunded Liabilities 500,000
Updated Cost $20,034,549
Net Cost 2,854,520
Agenda Item #12.1.

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STRUCTURAL DEFICIT RANGE
Market Median
Current Staffing Cost 17,180,029
New Staffing Cost 20,034,549
Difference 2,854,520
Current Deficit 1,550,000
Base Structural Deficit $4,404,520
General Fund CIP Need 3,400,000
Possible VLF loss 1,000,000
Total Structural Deficit $8,804,520
Agenda Item #12.1.

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STRUCTURAL DEFICIT ESTIMATE
• $6 million to 10 million
• Excludes unexpected expenditures and one-time needs.

Agenda Item #12.1.

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FINANCE COMMITTEE ASSISTANCE
1 Review of Cost Allocation Plan
2 Determination of regular deficit
3 Analysis of Compensation study data
4 Evaluation of revenue measure options and
recommendations for a shortlist with estimates of
revenues
Agenda Item #12.1.

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ACTIONS TO GENERATE REVENUE
• Updated User Fees and Impact Fees
• Sought/obtained grants
• 2024 ballot measure (RPTT)
• Sale of city properties on Main St. and Railroad Ave
• Budget process – 8% reduction in expenditures
Agenda Item #12.1.

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SALE OF CITY PROPERTIES
• Process initiated in 2023 to generate revenue
• Properties selected for sale were thought to be easier to sell • Sale price revenue in FY 2026-27 or later
• Ongoing TOT revenue in FY 2029-30 or later
Agenda Item #12.1.

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QUESTIONS OR COMMENTS?
Agenda Item #12.1.

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NOVEMBER 2026 BALLOT MEASURE - TIMELINE
Dates Item
June 24, 2026 City Council Places Measure on Ballot (at least 88 days prior to election)
July 29, 2026
County BOS approval, permitting the county
elections official to render specified services to the
City relating to the conduct of an election
November 3, 2026 Election
Agenda Item #12.1.

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From: Alan Galbraith
To: Public Comment
Subject: Public Comment, City Council Meeting, August 12, 2025, Item 12.1 (Fiscal Adversity Planning) Date: Sunday, August 10, 2025 7:27:44 PM
I have read with care the City Manager’s Item 12.2 Report. Over the years I have strongly advocated the imperative need for major new tax revenues. I adhere to my view that there is no meaningful alternative.

Here, I want to comment on new substantial hotel revenue as a future source of general fund revenue. I am of the belief that such revenue is not just speculative but the thought of it at this time borders on the delusional.

During my four years as mayor I was repeatedly assured that hotel groundbreaking at Vineland Station, with its 10- year Development Agreement, was just months away. The Development Agreement expired with no hotel. I start with deep baseline skepticism, to put the matter mildly.

It would appear from the City Manager’s report that the only hotel development currently under consideration is at City Hall, with revenue at least four years away. The two hotel projects (the Bank of America site; the Krug Winery site) under active consideration in the very recent past, I infer, are now off the table. The Council should publicly confirm this inference is its discussion with Staff.

As for the City Hall site, I recall vividly the comments at a well-attended community meeting during my time as mayor of one of the three developers presenting their thoughtful proposals for the City-owned Adams Street property. He made two big points about the suitability of a hotel at the City Hall site: first, it was a seriously challenging hotel site due to its proximity to the Fire Station. Second, squeezing a luxury hotel into the City Hall space would significantly impair enjoyment of Lyman Park. The developer was highly qualified, and was emphatic on these points. I certainly thought his points were well taken. In consequence, even if a hotel project were to be authorized at the City Hall site, I foresee a substantial risk that it would be rejected at the ballot box. The integrity of Lyman Park is that important.

So, my basic point is that, with no hotel project currently authorized, and the only one on a fairly distant horizon being less than problematic, the Council should rule out hotel revenues as a potential revenue source at this time in its evaluation of new substantial revenue sources available to assist with addressing the City’s structural deficit.

Alan Galbraith
St. Helena Mayor, 2014-18
Sent from my iPad
Agenda Item #12.1.

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Agenda Report to the City Council
Agenda Section: NEW BUSINESS
Department: Administration
DATE: August 12, 2025
FROM: Andrew Bradley, Program Manager
SUBJECT: Consideration and Designation of Voting Delegates for vote(s) to be done at the 2025 League of California Cities Annual Conference business meeting.

RECOMMENDED
ACTION:

Consideration and Proposed Approval of:

1. Designating a Voting Delegate on Behalf of the City
of St. Helena City Council; and

2. Designating Alternate Voting Delegates; and

3. The City Council authorizes the Voting Delegate
and/or Alternate Voting Delegates to vote on any
proposed resolutions on behalf of the City at the
League of California Cities Annual Conference
Business Meeting.

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
PURPOSE:

To appoint a voting delegate and alternates to represent the City of St. Helena at the League of California Cities Annual Conference Business Meeting.

FINANCIAL IMPACT: There are no fiscal impacts.

BACKGROUND: N/A
DISCUSSION:

The League of California Cities provides legislative advocacy, professional development, and educational resources for incorporated cities and towns in California, including the City of St. Helena.

The League of California Cities Annual Conference is scheduled for October 8 to October 10, 2025, at the Long Beach Convention Center in Long Beach. The Cal Cities General Assembly will convene on the last day of the conference for the Annual Business Meeting in order to potentially consider and take action on resolutions that establish League policy.

Each member city of the League of California Cities may, with the approval of the City Council, designate a city official as their Designated Voting Delegate and, in the event that the Designated Voting Delegate is unable to serve in that capacity, up to two Alternate Voting Delegates may vote.

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Designated Voting Delegates and Alternates must be registered to attend the Annual Conference. A staff member can be appointed to fill the voting role in the event that no Council Member plans to attend, or as an alternate delegate.

Currently Council Member Barak, Council Member Spadarotto, Council Member Summers, and City Manager Comelo are registered to attend the conference.

GOAL:

Miscellaneous/Other
DOCUMENTS ATTACHMENTS:
2025 Voting Delegate Information Packet
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1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

DATE: Wednesday, July 16, 2025
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Oct. 8-10, 2025 Long Beach Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on Oct. 10, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Following council action, please submit your city’s delegates through the online submission portal by Wed., Sept. 24. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.

Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.

Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

Council Action Advised by September 24, 2025
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For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Please view Cal Cities’ event and meeting policy in advance of the conference.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the Long Beach Convention Center in Long Beach, will be open at the following times: Wednesday, Oct. 16, 8:00 a.m.-6:00 p.m. and Thursday, Oct. 17, 7:30 a.m.-4:00 p.m. On Friday, Oct. 18, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for submitting your voting delegate and alternates by Wednesday, Sept. 24. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly Agenda Item #13.1.

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1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.

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Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.

The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.

Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.

Recommendations are forwarded
to the Resolutions Committee.

Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.

Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.

Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.

Cal Cities policy
development is a memberinformed process,
grounded in the voices and
experiences of city officials
throughout the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.

General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).

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