City of St. Helena
Regular City Council Meeting
Tuesday, September 23, 2025 @ 6:00 PM
Vintage Hall Board Room - Second Floor
465 Main Street, St. Helena
PLEASE NOTE: Any person who wishes to speak regarding an item on the agenda or make a comment under the "Oral Communication" portion of the agenda may do so, but please observe the time limit of four minutes.
The City Council meeting will be live-streamed on Comcast Channel 28 and on the City’s website.
Public comment for City Council meetings will be accepted via email to [email protected]. All public comments must be received three hours prior to the meeting. All other public comments received after the deadline will be attached to the item the next business day or soon thereafter. Public comments will not be read out loud but will be publicly available and attached to the on-line City Council agenda.
Simultaneous Spanish interpretation services during meetings can be scheduled upon request. To ensure interpreters are available, requests must be made at least 72 hours in advance by calling the Office of the City Clerk at (707) 968-2640 or emailing [email protected].
The schedule of upcoming meetings and published meeting agendas can be found on the City of St. Helena website at https://sthelena.civicweb.net/portal/.
Servicios de interpretación en español durante la reunión pueden ser solicitados por el público. Para asegurar que los intérpretes estén disponibles, los servicios tienen que ser solicitados al menos 72 horas antes de la reunión llamando a la oficina de la Secretaria de la Ciudad al (707) 968-2640 o por correo electrónico a [email protected] .
El horario de las reuniones publicadas y próximas puede ser localizado en el sitio de web de la Ciudad en https://sthelena.civicweb.net/portal/ .
Page
1. CALL TO ORDER
2. ROLL CALL
Mayor: Paul Dohring, Vice Mayor: Michelle Deasy, City Council Members:
Aaron Barak, Kate Spadarotto, Billy Summers
3. PLEDGE OF ALLEGIANCE
4. ADOPTION OF THE AGENDA
5. APPROVAL OF THE MINUTES
Estimated start time: 6:05 p.m.
5.1. Consideration and proposed approval of Regular Meeting Minutes of September 9, 2025 and the Special City Council Study Session 9 - 15
meeting of September 16, 2025.
Regular City Council - 09 Sep 2025 - Minutes
Special City Council - 16 Sep 2025 - Study Session - Minutes
6. PUBLIC FORUM:
Members of the public are entitled to speak on matters of municipal concern not on the agenda during Public Forum. Each person’s comments shall be limited to 4 minutes. Each person is entitled to speak on any non-agendized item only once at any meeting. Brief questions by Council Members for clarifications may be posed and answered, and Council Members may make requests that items be placed on future agendas, but in accordance with state law, no substantive discussion or action may take place unless and until the matter properly appears on the agenda.
Estimated start time: 6:10 p.m.
6.1. Public Comment.Michelle Liu Covell (1)
Public Comment.Michelle Liu Covell (2)
17 - 52
7. REPORTS BY STAFF AND CITY COUNCIL, FUTURE AGENDA ITEMS, AND AB 1234 REPORTS:
Reports by staff and/or Council Members on items of general interest. Brief questions for clarification may be posed and answered, and Council Members may request that items be placed on a future agenda. Except under certain circumstances, the Brown Act prohibits any other discussion or action by the City Council.
Estimated start time: 6:20 p.m.
8. PRESENTATIONS AND PUBLIC RECOGNITIONS
9. STAFF BRIEFING
10. CONSENT ITEMS
Members of the Council or the public (present at the meeting) may ask that any items be considered individually for purposes of considering alternative action, for extended discussion, or for public comment. Unless that is done, one motion may be used to adopt all recommended actions. (Roll Call Vote) Estimated start time: 6:25 p.m.
10.1. August 2025 Review and Forecasting of City Water Supply Availability.
CEQA Determination: Not a CEQA project
Prepared By: Ian Dale, Environmental Services Tech
Recommendation:
Receive and file.
Staff Report - Water Supply and Forecasting - August 2025 - Pdf 53 - 58
10.2. Consideration and proposed adoption of a Resolution (1) Authorizing the City Manager to execute a Construction Contract with ERS Industrial Services, Inc. in an amount not-to-exceed $165,730 (2) Authorizing the Director of Public Works to approve Change Orders not-to-exceed 15% ($24,860) for a total contractor budget of $190,590; and (3) Declaring of Sole Source to ERS Industrial Services, Inc. for 59 - 98
Filter Media Replacement at Stonebridge Wells.
CEQA Determination: Exempt from the requirements of CEQA pursuant to Section 15301, Class 1, which exempts the operation, leasing, or minor alteration of existing facilities
Prepared By: Stephanie Killingsworth, Public Works Financial Analyst Recommendation:
Staff recommends approval of the attached Resolution.
Staff Report - Stonebridge Well Media Filter Replacement - Pdf
10.3. Consideration and Approval of Payment for Sludge Hauling Services provided by Upper Valley Disposal in FY2024-25 in the Amount of $37,549.26.
CEQA Determination: Not a CEQA project
Prepared By: Stephanie Killingsworth, Public Works Financial Analyst Recommendation:
Staff recommends approval of the attached Resolution.
Staff Report - Payment Authorization for Sludge Hauling Invoices FY25 - Pdf
99 - 125
10.4. Consideration and proposed approval of a resolution approving the Final Map for 1446 Sulphur Springs Avenue and authorizing the City Clerk to record the Final Map.
CEQA Determination: Exempt
Prepared By: Eric Janzen, Assistant Public Works Director, Rebecca White, Administrative Assistant
Recommendation:
Approve the attached resolution.
Staff Report - Authorizing the Acceptance and Recordation of the Final Parcel Map for 1446 Sulphur Springs Ave. - Pdf
127 - 132
10.5. Adopt a Resolution authorizing the approval of a Professional Services Agreement with Arise Solutions LLC for Planning Services in a not to exceed contract amount of $25,000.
CEQA Determination: Not a CEQA project
Prepared By: Maya DeRosa, Community Development Director Recommendation:
Staff recommends City Council approve the attached resolution.
Staff Report - Professional Services Agreement with Arise Solutions LLC for Planning Services - Pdf
133 - 153
11. PUBLIC HEARINGS
Estimated start time: 6:35 p.m.
11.1. Closeout of State Community Development Block Grant (CDBG) agreements.
CEQA Determination: Not a CEQA project
Prepared By: Martin Beltran, Finance Manager
155 - 165
Recommendation:
Receive a report summarizing the accomplishments performed under the State Community Development Block Grant Agreements 20-CDBGCV1-00103, 20-CDBG-CV2-3-00294, and 21-CDBG-ED-10004; conduct a public hearing to solicit public input regarding expenditures and accomplishments of the funding received under these contracts; and direct staff to proceed with submitting required documents for closeout.
Staff Report - CDBG Grant Closeout | CV1, CV2&3, and 2019-20 NOFA - Pdf
Presentation
11.2. Introduction and waive the first reading of an Ordinance approving Zoning Ordinance Amendment (ZOA 25-003) to amend Chapters
17.24.050 B(1) and 17.32, Definition of Terms, Visibility Triangle of Title 17 of the St. Helena Municipal Code regarding vision triangle standards.
CEQA Determination: Exempt from the requirements of CEQA under the “General Rule”, Section 15061 (b)(3), in that it can be seen with certainty that the proposed action will have no impact on the environment.
Prepared By: Maya DeRosa, Community Development Director Recommendation:
Introduction and waive the first reading of the proposed Ordinance to:
1. Find that the proposed changes to Chapter 17.30 of the Zoning Code are exempt from CEQA Guideline 15061 (b)(3); and
2. Approve and adopt Zoning Ordinance Amendment (ZOA 25- 003) to amend Chapters 17.24,050 B (1) and 17.32, Definition of Terms, Visibility Triangles of Title 17 of the St. Helena Municipal Code regarding vision triangle standards.
Staff Report - Visibility Triangle - Zoning Ordinance Amendment (ZOA 25-003) - Pdf
Presentation
167 - 191
12. OLD BUSINESS
None.
13. NEW BUSINESS
Estimated start time: 7:00 p.m.
13.1. Regional Climate Action and Adaptation Plan (RCAAP) Update and Discussion
CEQA Determination: Exempt
Prepared By: Andrew Bradley, Program Manager
Recommendation:
Receive a presentation on the City of St. Helena’s progress on the administrative draft of the Regional Climate Action and Adaptation Plan and an update on the Countywide Climate Action Committee activities. 193 - 270
Provide input to staff and city representative on potential actions and next steps.
Staff Report - Regional Climate Action and Adaptation Plan (RCAAP) Update and Discussion - Pdf
Presentation
Public Comment.Christopher Warner (1)
Public Comment.Christopher Warner (2)
Public Comment.Christopher Warner (3)
Public Comment.Jeff Farmer
Public Comment.Richard Seiferheld
Public Comment.Chistina Benz
Public Comment.Christopher Warner (4)
13.2. Receive Report from Staff and Consultant on Housing Element Site 10 (1933 Spring Street) Alternatives Analysis
CEQA Determination: Not a CEQA project
Prepared By: Maya DeRosa, Community Development Director Recommendation:
Receive report from staff and consultant.
Staff Report - Housing Element Site 10 Alternatives Final Report Discussion - Pdf
Presentation
Public Comment.Amy Particelli
Public Comment.Christy Palmisano
Public Comment.Pierre Birebent
Public Comment.Maxine Angell
Public Comment.Brittany Anderson
Public Comment.Erin and Peter Przybylinski
Public Comment.Stefano Particelli
Public Comment.Jessica Hague
Public Comment.Patti Antonaccio
Public Comment.Tina and Tom DeGeorgio
Public Comment.Laura Keir
Public Comment.Pat Kenealy
271 - 346
14. CITY COUNCIL REPORTS:
14.1. A. Association of Bay Area Governments (ABAG) - Executive Board B. Association of Bay Area Governments (ABAG) - General Assembly C. Napa Valley Tourism Corporation (Umbrella for Napa County) D. League of California Cities – North Bay Division
E. Napa County City Selection Committee
F. Napa County Flood Control and Water Conservation District G. Napa County Local Agency Formation Commission (LAFCO)
H. Napa Valley Transportation Authority (NVTA)
I. Napa County Watershed Information Center & Conservancy (WICC) J. Upper Valley Waste Management Agency
K. Napa County Groundwater Sustainability Plan Advisory Committee L. Napa County Regional Climate Action Committee
M. Council Ad Hoc and Standing Committee Reports
15. ADJOURNMENT
The next Regular City Council meeting is scheduled for October 14, 2025 at 6:00 p.m.
This agenda was posted at City Hall, 1088 College Avenue, and at Vintage Hall, 465 Main Street, St. Helena, California on September 19, 2025.
Erika Opp, Administrative Analyst
In Compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please call the City Clerk’s Office (707) 967-2792. Notification 72 hours prior to the meeting as required by Section 202 of the Americans with Disabilities Act will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
CHALLENGING DECISIONS OF CITY ENTITIES
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City of St. Helena is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision, including without limitation Government Code section 65009 applicable to many land use and zoning decisions, Government Code section 66499.37 applicable to the Subdivision Map Act, and Public Resources Code section 21167 applicable to the California Environmental Quality Act (CEQA). Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. Government Code section 65009 and 66499.37, and Public Resources Code section 21167, impose shorter limitations periods and requirements, including timely service in addition to filing.
If a person wishes to challenge the above actions in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of St. Helena, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all
available administrative remedies.
SUPPLEMENTAL MATERIAL RECEIVED AFTER THE POSTING OF THE AGENDA
Any supplemental writings or documents distributed to a majority of the City Council regarding any item on this Agenda, after the posting of the Agenda, will be available for public review in the City Clerk’s Office located at 1088 College Avenue, St. Helena, California, during normal business hours and by appointment. In addition, such writings or documents will be made available on the City’s web site at https://sthelena.civicweb.net and will be available for public review at the respective meeting.
MINUTES
City of St. Helena
Regular City Council Meeting
Tuesday, September 9, 2025 @ 6:00 PM
Vintage Hall Board Room - Second Floor
465 Main Street, St. Helena
A complete video recording of this meeting, except for closed session, can be found at https://sthelena.civicweb.net/Portal/ or by calling the City Clerk at (707) 968-2742. The City Council video is the official record of the Council meeting.
Present: Mayor Paul Dohring, Vice Mayor Michelle Deasy, Council Member Aaron Barak, and Council Member Kate Spadarotto
Absent: Council Member Billy Summers
1. CALL TO ORDER
Mayor Dohring called the meeting to order at 6:02 p.m.
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
Mayor Dohring led the Pledge of Allegiance.
4. ADOPTION OF THE AGENDA
Acting City Clerk, Erika Opp noted that item 10.5 would be pulled from the agenda to be heard at a date uncertain.
4.1 Council Member Aaron Barak moved to approve the amended agenda. The motion was seconded by Council Member Kate Spadarotto and on roll call carried by the following vote:
AYES: Mayor Paul Dohring, Vice Mayor Michelle Deasy, Council Member Aaron Barak, and Council Member Kate Spadarotto
NOES: None
ABSENT: Council Member Billy Summers
ABSTAIN: None
RECUSE: None
5. APPROVAL OF MINUTES
5.1 Consideration and proposed approval of the Special Joint Session Meeting of the City Council and Planning Commission of August 19, 2025, Special City Council Meeting of August 26, 2025 and the Regular Meeting Minutes of August 26, 2025.
Council Member Aaron Barak moved to approve the minutes of the Special Agenda Item #5.1.
Regular City Council
September 9, 2025
Joint Session City Council and Planning Commission meeting on August 19, 2025, Special Meeting Minutes of August 26, 2025 and Regular Meeting Minutes of August 26, 2025. The motion was seconded by Council Member Kate Spadarotto and on roll call carried by the following vote:
AYES: Mayor Paul Dohring, Vice Mayor Michelle Deasy, Council Member Aaron Barak, and Council Member Kate Spadarotto
NOES: None
ABSENT: Council Member Billy Summers
ABSTAIN: None
RECUSE: None
6. PUBLIC FORUM:
William Wagner, Tom Belt and Tamara Sorenson addressed the City Council.
7. REPORTS BY STAFF AND CITY COUNCIL, FUTURE AGENDA ITEMS, and AB 1234 REPORTS:
Acting City Manager Joe Leach made announcements and reported on the Oak Avenue charging station parking lot.
8. PRESENTATIONS AND PUBLIC RECOGNITIONS
8.1 Proclamation for Suicide Awareness Month
Mayor Dohring presented the proclamation to Jeni Olsen.
8.2 Proclamation for National Hispanic Heritage Month
Mayor Dohring presented the proclamation to Oscar De Haro.
9. STAFF BRIEFING
10. CONSENT ITEMS
Members of the Council or the public may ask that any items be considered individually for purposes of considering alternative action, for extended discussion, or for public comment. Unless that is done, one motion may be used to adopt all recommended actions. (Roll Call Vote)
10.1 Consideration and proposed adoption of a Resolution authorizing the City Manager to (1) Execute Amendment No. 2 to Professional Services Agreement STH Contract FY2024-093 with Mead & Hunt, Inc. for the Bell Canyon Reservoir Intake Tower and Valve House Project in the amount of $366,657 for a revised not-to-exceed contract total of $1,463,440 and a 10% contingency of $146,344 for a total consultant budget of $1,609,784; (2) Approve budget amendments.
Agenda Item #5.1.
Regular City Council
September 9, 2025
CEQA Determination: Not a CEQA project
Prepared By: Stephanie Killingsworth, Public Works Financial Analyst Recommendation:
Staff recommends approval of the attached Resolution.
10.2 This item was pulled.
Consideration and proposed approval of a resolution authorizing 1) Flying the Italian flag on the City's ceremonial flagpole during the month of October 2025 for Italian Heritage Month; and 2) Authorizing temporary street parking closures on the westside of Railroad Avenue from the Fire Station to the end of Lyman Park, and the public parking lot between Lyman Park and the Fire Station during the Festa Italiana event; 3) Approval of wine and beer vendors in Lyman Park during the Festa Italiana event; and 4) Authorizing mobile food vendors to park and operate in the closed parking spaces on Railroad Avenue during the event.
10.3 Consideration and Proposed Approval of a Resolution Establishing the 2026 Tax Rate for General Obligation Bonds.
CEQA Determination: Not a CEQA project
Prepared By: Mandy Kellogg, Administrative Services Director Recommendation:
Staff recommends approval of the attached resolution.
10.4 Adopt a Resolution authorizing Amendment No. 2 to the SH Contract FY 2025- 017 Professional Services Agreement with M-Group to increase the contract amount by $90,000 for a total not to exceed contract amount of $165,000.
CEQA Determination: Not a CEQA project
Prepared By: Maya DeRosa, Community Development Director Recommendation:
Staff recommends City Council approve the attached resolution.
10.5 This item was pulled from the agenda and will be heard at a date uncertain.
Consideration and adoption of a Resolution to approval of a License Agreement with BodEV, Inc. for the Design, Construction, Operation, and Maintenance of Public Electric Vehicle Charging Stations at City-Owned locations funded by grants.
CEQA Determination: Class I Categorical Exemption under Section 15301 of CEQA
Prepared By: Andrew Bradley, Program Manager
Recommendation:
Adopt a Resolution to:
1. Approve a License Agreement with BodEV Inc. for the design, Agenda Item #5.1.
Regular City Council
September 9, 2025
construction, and ongoing maintenance and management of public EV charging stations at the St. Helena Corp Yard and City Hall.
2. Authorize the City Manager to take all other necessary actions to implement the project and meet grant deadlines.
Council Member Aaron Barak moved to approve items 10.1, 10.3 and 10.4 The motion was seconded by Council Member Kate Spadarotto and on roll call carried by the following vote:
AYES: Mayor Paul Dohring, Vice Mayor Michelle Deasy, Council Member Aaron Barak, and Council Member Kate Spadarotto
NOES: None
ABSENT: Council Member Billy Summers
ABSTAIN: None
RECUSE: None
10.2 Consideration and proposed approval of a resolution authorizing 1) Flying the Italian flag on the City's ceremonial flagpole during the month of October 2025 for Italian Heritage Month; and 2) Authorizing temporary street parking closures on the westside of Railroad Avenue from the Fire Station to the end of Lyman Park, and the public parking lot between Lyman Park and the Fire Station during the Festa Italiana event; 3) Approval of wine and beer vendors in Lyman Park during the Festa Italiana event; and 4) Authorizing mobile food vendors to park and operate in the closed parking spaces on Railroad Avenue during the event.
CEQA Determination: Not a CEQA project
Prepared By: Rebecca White, Administrative Assistant
Recommendation:
Staff recommends City Council adopt the attached Resolution.
Mayor Dohring opened public comment; public comment was made by Anthony Micheli.
Council Member Aaron Barak moved to approve item 10.2. The motion was seconded by Council Member Kate Spadarotto and on roll call carried by the following vote:
AYES: Mayor Paul Dohring, Vice Mayor Michelle Deasy, Council Member Aaron Barak, and Council Member Kate Spadarotto
NOES: None
ABSENT: Council Member Billy Summers
ABSTAIN: None
RECUSE: None
Agenda Item #5.1.
Regular City Council
September 9, 2025
11. PUBLIC HEARINGS
None.
12. OLD BUSINESS
None.
13. NEW BUSINESS
13.1 Update on Water and Wastewater Enterprises: Consideration of Early Rate Study Update, Review of Key Capital Improvement Plan Projects, and Potential Engagement of Owner’s Representative Services
CEQA Determination: Exempt
Prepared By: Joseph Leach, Assistant City Manager/Director of Public Works, City Engineer
Recommendation:
Council is invited to receive update on the following items and provide direction:
1. Subject to Water/Wastewater Advisory Committee concurrence upon review of requested data, direct staff related to initiation of an updated Water & Wastewater User Rate Study for implementation in advance of the "standard" 5-year cycle OR pause pursuit of a Rate Study until future date to be determined.
2. Review several key Water/Wastewater Capital Improvement Plan (CIP) projects and discuss their delivery disposition.
3. Direct staff regarding retention of a consultant to provide "Owner's Representative Services" to manage several CIP projects OR defer various projects.
Acting City Manager, Joe Leach presented on the item.
Mayor Dohring opened public comment; public comment was made by Garry Rose and Tom Belt.
Discussion was turned over to the Council where questions and comments were made. It was the consensus of the Council to delay the pursuit of a water and wastewater user rate study before the standard 5-year cycle is complete and to pursue retaining an "owners representative" to help manager several CIP projects.
14. CITY COUNCIL REPORTS:
14.1 A. Association of Bay Area Governments (ABAG) - Executive Board Agenda Item #5.1.
Regular City Council
September 9, 2025
B. Association of Bay Area Governments (ABAG) - General Assembly C. Napa Valley Tourism Corporation (Umbrella for Napa County) D. League of California Cities – North Bay Division
E. Napa County City Selection Committee
F. Napa County Flood Control and Water Conservation District G. Napa County Local Agency Formation Commission (LAFCO) H. Napa Valley Transportation Authority (NVTA)
I. Napa County Watershed Information Center & Conservancy (WICC) J. Upper Valley Waste Management Agency
K. Napa County Groundwater Sustainability Plan Advisory Committee L. Napa County Regional Climate Action Committee
M. Council Ad Hoc and Standing Committee Reports
Mayor Dohring provided brief update on Napa Valley Transportation Authority (NVTA), Napa County Flood Control and Water Conservation District and Napa County Local Agency Formation Commission (LAFCO).
15. ADJOURNMENT
Mayor Dohring adjourned the meeting at 7:49 p.m.
CHALLENGING DECISIONS OF CITY ENTITIES
APPROVED:
______________________________
Paul Jamison Dohring, Mayor
ATTEST:
_________________________
Erika Opp, Acting City Clerk
Agenda Item #5.1.
MINUTES
City of St. Helena
Special City Council Meeting
Tuesday, September 16, 2025 @ 6:30 PM
Fire Station Training Room - Enter from Railroad
Avenue
465 Main Street, St. Helena
Present: Mayor Paul Dohring, Vice Mayor Michelle Deasy, Council Member Aaron Barak, and Council Member Kate Spadarotto
Absent: Council Member Billy Summers
1. CALL TO ORDER
Mayor Dohring called the meeting to order at 6:33 p.m.
2. ROLL CALL
3. ADOPTION OF THE AGENDA
4. PUBLIC COMMENT:
5. NEW BUSINESS:
5.1 Fiscal Stability, Sale of City Properties and Revitalization CEQA Determination: Not a CEQA project
Prepared By: Maya DeRosa, Community Development Director Recommendation:
Receive staff report and provide direction to staff on next steps relative to the sale of city properties to generate revenue and build housing.
Director of Community Development, Maya DeRosa and resident Oliver Caldwell made presentations on the item.
Public comments were received.
6. ADJOURNMENT
Mayor Dohring adjourned the meeting at 8:17 p.m.
APPROVED:
______________________________
Paul Jamison Dohring, Mayor
ATTEST:
_________________________
Erika Opp, Acting City Clerk
Agenda Item #5.1.
9.17.2025
Dear City Council and members of the community,
I’ve wri!en a personal statement and included sketches of ideas for your considera$on. I share this with deep passion for helping our community through a very trying $me. My comments are sincere, and perhaps something here resonates with you—maybe even something you can’t say out loud. I respect everyone serving the community and giving their $me and energy to li(ing St. Helena up. My heart is breaking for this town.
Sincerely,
Michelle Liu Covell
What are the problems we are trying to solve?
Is it just revenue?
That was the direc$on from the City Manager—it’s a revenue problem.
The $tle “Special City Council – Study Session” implied this mee$ng would be different from the usual formal sessions.
The city website and flyer promised:
City Council Study Session | Sale of City Proper
es
You’re invited to a City Council Study Session focused on key strategies to strengthen St. Helena’s fiscal stability while enhancing our community’s quality of life. Learn more about: poten al housing opportuni
es, sale of cityowned proper$es, and the revenue poten$al of key sites. This is an opportunity to understand the issues, explore policy alterna$ves, and share your thoughts with City leadership.
But the “key strategies” discussed were only about selling proper$es—mostly to a hotel developer at high rates to avoid compe$ng with exis$ng hotels, without knowing the facts about the current real status of the financial situa$on of the town. (This is in no offense to Mr. Caldwell’s ideas. I value that people are bringing ideas for conversa$on. And it is important that we do invite people’s ideas.) There was no presenta$on on how this would enhance quality of life.
There was no discussion of housing. When Spring Street was raised, it was dismissed as “not on the agenda.” Opportunity to Understand the Issues
Instead of clarity, we heard two conflic$ng narra$ves:
1- Staff’s report: financial crisis, urgent need to sell city land. 2- Financial Commi!ee: not a crisis, deficit overstated; yes, we need revenue and cost-cuAng, but selling land should be a last resort. If we hadn’t lost $2M in interest income, the situa$on would be less dire. We need to open our eyes.
Study Session Expecta
ons vs. Reality
“Study session” implied open dialogue—more than the 4-minute cap of a standard mee$ng. Instead, it was just another council mee$ng in a different room.
No public announcements invited presenta$ons or extended input. This should be more clear in the future.
Agenda Item #6.1.
Staff’s presenta$on covered sites, DPS, and Lyman Park history, but not the real budget deficit or revenue needs, and included a 10 year old 80 page report, without a summary of it’s importance.
What I expected from Staff
I expected a session framed like this:
“Today we are here to openly discuss the struggles our town is facing, and to lean on our community’s knowledge and exper$se to guide St. Helena’s future.
Why do we need to sell proper$es? Here are the problems (list). Here are the internal solu$ons we’ve studied (list), their effec$veness, and their limits.
These are our current revenue streams ($X). Here are poten$al new ones ($X). Selling community land is our last resort.
We rent City Hall and the police sta$on, as well as Vintage Hall for mee$ngs. We lack a civic center or plaza. The Finance Commi!ee has reviewed the budget and we are working together to define the real deficit versus the wish list. Here is the transparent data for public review. Also, among the budget issues, here are other issues we are currently facing, water, housing, workforce housing, empty stores, empty second homes, closing businesses, expensive u$li$es, on and on. Please give us your input, so we can see the whole picture, and work together as some problems are o(en linked, and cannot be solved in a vacuum. And some solu$ons may have direct impact on one problem, and indirect impact on others. The great part of our town is the sense of community, and the strength in working together, and we value your thoughts, exper$se, and knowledge of the history that many of you have from living here for so long. We can learn from our mistakes, in order to not repeat them, and it will give us a solid founda$on to li( St. Helena. Thank you for being here, here’s the mic, let’s get into it for this study session.”
That is what a true study session should be.
Narrow Framing of Solu$ons
The City has already designated Railroad and Main Street as surplus land. But what does “surplus” really mean? That should have been explained before proposing sales.
Meanwhile:
Hotels are already in the pipeline (Farmstead is moving forward, another on Adams Street at the Bank of America are under review). These will/could add TOT revenue soon.
TOT only ma!ers if rooms fill. Studies and resident feedback suggest vacancies are already an issue.
Calistoga and Yountville earn more TOT, but why? Perhaps they offer more nightlife and family-friendly gathering spaces—not just hotels. When I plan a trip, I look at the ameni$es, can I walk and enjoy the night life? Most of the day, I’m exploring the overall place, but when I get back to the hotel, it’s nice to walk into town and be able to eat, and hang out late into the night.
St. Helena is different. Our draw is community, schools, small-town charm, and agricultural roots. Chasing hotel revenue alone risks eroding what makes us unique. I’m not saying no hotels. But just not as the solu$on to all of the problems.
Quality of Life & Community Gaps
We don’t have a true “night scene” or family-friendly gathering spots. At most, we have Go!’s picnic area, Merryvale’s music night, and Anna’s.
Yet this town has incredible assets:
Excellent schools (“like private school”)
Beloved events (Harvest Fes$val, 4th of July, Pet Pawrade, Italian Fes$val, Lyman Park concerts) Natural beauty, historic homes, walkable neighborhoods
Agenda Item #6.1.
At the same
me, we face:
High cost of living (u$li$es, food, housing, gas)
Workforce displacement (employees can’t live here)
Residents leaving for affordability
Empty homes in pockets of town
Businesses shuAng down (Sunshine should be a wake-up call) The problem isn’t singular, and the solu
on isn’t just binary.
Risks of Narrow Thinking
Selling land and relying on hotels is like a financial advisor saying: “Put all your re$rement into one stock—it’s the silver bullet!” That’s reckless.
At the study session, someone pointed out no one younger than 45 was present (besides me). Working families simply couldn’t a!end. Many of us work all day, and then need to get food on the table, and night $me rou$nes, 6:30 to 8 is not a great $me for many young families.
But we all share one clear common goal: make sure the next genera on isn’t le5 with a mess.
Damned if We Do, Damned if We Don’t
We will be damned if we do:
Make decisions without facts
Act rashly out of fear
Rely on “quick fixes”
Put all our eggs in one basket
We will be damned if we don’t:
Ask tough ques$ons
Listen to those with real data, not personal gain
Understand all problems, not just one in isola$on
Diversify revenue
Consider why businesses close, or why people move away
Do our homework and demand transparency
Work together
A Balanced Path Forward
I am not against hotels or growth. And I know we definitely need change. But there is no one-size-fits-all solu$on.
We are at a pivotal moment, and cynicism is rising because residents feel unheard.
We need to:
Diversify revenue sources (events, rentals, community spaces) Reassess expenses and efficiencies
Invest in civic assets (plaza, town square, community center) Explore workforce housing
Rebuild trust through transparent, data-driven processes My Contribu
on
I offer sketches of how Adams Street and the former City Hall could serve as civic and community hubs—plazas, amphitheaters, gardens, markets, playgrounds, cafés, event spaces. These could both generate revenue and strengthen quality of life.
Agenda Item #6.1.
If, a(er full and transparent analysis, both staff and the Finance Commi!ee agree we are in desperate financial straits, then we can discuss selling proper$es. But un$l then, land sales should not be treated as the first or only op
on.
I’ve spent significant $me reviewing reports, talking with residents, and preparing ideas. They are not polished drawings, but they are sincere, community-focused concepts meant to spark discussion. And perhaps they show what we can poten$ally lose.
Here is that Adams Street parcel – city hall, plaza, town square, amphitheater, rest sta$on for trail and vine trail bikers, community garden, kids park, poten$al sculpture garden, community center, dog park, farmers markets, café/bar/grille, night life, concerts, town hall events. All nestled to look over Mt St Helena as a community.
Maybe we can rent the space for weddings and other events and make some revenue for the town. Create more social scene and reason for tourists to stay in the hotels over other hotels in other towns. Bring people out of their houses and gather and share, and feel that sense of community.
Agenda Item #6.1.
Here is the former City Hall parcel – tear down and rebuild a police sta$on and perhaps a community center there overlooking the park. Save the magnolia tree, and honor its history with marking the entrance of the building.
Create a building in the back for poten$al café/bar/grille, for bringing night life to the park, with good ligh$ng, outdoor sea$ng, kid friendly play structures more centered and away from streets. Keep the Lyman park event green space the way it is for con$nuing the music in the park, keeping it flexible space, perhaps for fes$vals, pop up cra(s fes$vi$es, with music, invite local ar$sts/cra(s people to have pop up shops, every Thursday night, with open mic, and music. Keep the view from main street open for people to see the awesome ac$vity and community night life, and want to stop and check it out.
OH and maybe there could be a pedestrian bridge and path way to connect Lyman Park over to the Adams Street town square civic center.
Arcade in the park night. Movie night in the park.
I know this is all wish list items, and will cost a significant amount of money.
These are also just two sites. The Railroad site – if it is housing or if it is a hotel, that site is smaller, and definitely can’t offer the town all of the ameni$es we need.
Again, these are quick sketches. I lack the $me to do a more polished drawing, it is done for discussion.
Sincerely
Michelle Liu Covell
Agenda Item #6.1.
community design
chapter seven
Agenda Item #6.1.
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7 community design
7.1 Purpose of the Element
The Community Design Element presents a framework of policies and implementing actions that integrates directly with other General Plan elements in determining the quality and character of St. Helena’s built environment. In particular, this Element relates to the Land Use and Growth Management Element by setting forth a vision for the form, character, and appearance of the community. It also correlates directly with the implementation of policies and actions included in the Circulation, Open Space and Conservation, Parks and Recreation, and Historic Resources elements. By respecting established neighborhoods and historic assets, this Element provides guidance to preserve St.
Helena’s distinct history and rural small-town character, while promoting new approaches to enhance future public and private development.
The Community Design Element includes the following sections. • 7.2 Rural Community Character in St. Helena. Identifies rural community character, architectural details and neighborhoods (p. 7-3). • 7.3 Key Findings. Identifies key findings based on an existing conditions analysis and extensive community outreach (p. 7-9).
• 7.4 Goals Defines overarching goals to guide policies and implementing actions (p. 7-13).
The Community Design
Element contains policies and
actions that guide the quality
and character of St. Helena’s
built environment.
1 introduction
2 land use and growth
management
3 economic sustainability
4 public facilities and services
5 circulation
6 historic resources
7 community design
8 open space and
conservation
9 public health, safety and
noise
10 climate change
11 housing
12 parks and recreation
13 arts, culture and
entertainment
Agenda Item #6.1.
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• 7.5 Policies and Implementing Actions. Identifies policies and implementing actions to ensure high-quality, sustainable and community-oriented design and construction and protect community character (p. 7-15).
7.2 Rural Community Character in St. Helena
Community character can be defined in a number of ways but is often reflected in the physical form of the built environment and its relationship to the natural environment. A community’s street pattern; the relationship of its buildings to streets; the location and design of its public spaces; and the architectural styles and landscape elements that characterize buildings, residences and open spaces are often collectively referred to as “community design.” Community design is a visual representation of the character of a place, which evolves over time based on the lifestyle preferences of its residents and the public and private decisions that shape the human landscape. Community design in St. Helena clearly embodies and celebrates the rural character of the city. It can be best understood by exploring its architectural typologies and details, the identity and character of its many neighborhoods, and its rich agricultural heritage.
AGRICULTURE, OPEN SPACE, PARKS, AND RECREATION
The rural feel and abundant open spaces in and around St. Helena are very important design elements that contribute to the overall character of the community. Parks, greenways, vineyards, and other spaces surround the city and are interspersed throughout its neighborhoods, providing space for recreation and passive activities, natural areas, plazas, flood conveyance, and agriculture. This Downtown’s historic character
provides a sense of place for
the City.
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network of open space provides a distinct connection to the City’s agricultural heritage.
Agriculture and viticulture have influenced the nature of the surrounding landscape perhaps more than any other land use or economic activity. As a result, existing expanses of vineyards and agricultural lands — including “fingers” of green that reach into the urban environment — play a central role in maintaining the rural experience and a distinctly historic sense of place for City residents and visitors.
The City’s Urban Limit Line is an instrumental policy tool for maintaining clear definition of the rural/urban edge and preserving the City’s adjacent open spaces. Green spaces and vineyards within the Urban Limit Line also contribute to the rural environment, ensuring St. Helena’s agrarian heritage remains elemental to the character of the City, both inside and surrounding the city. Parks and other open spaces also contribute to this effect.
GATEWAYS, EDGES, AND VIEWS
Gateways, edges, and views throughout St. Helena create a sense of the city’s rural character. Public views of the surrounding hillsides, Mount St. Helena, Agricultural uses in and
around the City contribute to
its character.
Agenda Item #6.1.
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St. Helena’s residential neighborhoods are often characterized by multiple architectural typologies along a single street.
vineyards, and older agricultural buildings provide valuable visual connections that strengthen the community’s identity. Views are especially significant where agriculture is located along street edges.
Similarly, entries into the city provide important gateways that help establish St. Helena’s sense of place. These gateways not only announce entry into the city, but also lend significance to the area. The northern gateway to the city from State Route 29, referred to as the “Tunnel of Elms,” is attractive, with large, landmark trees lining the road. Historic winery structures and residences add character to this important city gateway. The southern entry is less pronounced, with service commercial uses, parking, and limited landscaping adjacent to the highway.
ARCHITECTURE AND URBAN DESIGN
The concentration of well-preserved buildings in downtown St. Helena is important in establishing the City’s historic character. Many of the historic masonry and wooden structures built from stone, brick, and timber and located along Main Street between Spring and Adams streets, were constructed during the city’s second major period of growth in the late 19th and early 20th centuries.
European settlement of the Napa Valley during this period was fueled by the arrival of Italian and Swiss immigrants, many of whom were trained stonemasons and quarrymen. These early settlers skillfully carved Napa County’s colorful volcanic rocks and used local timber to build barns, houses, fences and bridges.
The architectural details of these structures, such as brick dentils, medallion insets, and window fenestration, lend character to the community just as do the materials from which they were constructed.
The character of St. Helena’s residential neighborhoods is defined by a range of Pre-Prohibition-era housing styles. Multiple architectural typologies can be found along a single street, which contributes to neighborhood character.
Common residential architectural typologies include American Queen Anne, American Craftsman, California Bungalow, and vernacular farm houses. Later Agenda Item #6.1.
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styles found in St. Helena include ranch-style homes and a variety of neo-eclectic architectural styles based on a combination of traditional shapes and details from different periods. Overlapping themes among both historic and modern homes include large, open-air porches supported by various interpretations of the basic column, and deeply overhanging eaves supported by exposed rafters or ornamental brackets.
Similar to many western cities, St. Helena’s historic street pattern and layout is characterized by a traditional grid pattern, with variances that result from the intersection of railroad lines, creeks and regional roadways. As St. Helena grew during the latter part of the 20th Century, a modified street pattern developed with wide curvilinear streets, cul-de-sacs, and fewer bicycle and pedestrian connections. Future development presents an opportunity to enhance street, bicycle, and pedestrian connectivity, in part by using the city’s historic grid street pattern.
RESIDENTIAL NEIGHBORHOODS
The community is composed of twenty-four residential neighborhoods surrounding St. Helena’s historic downtown, as mapped by the General Plan Update Steering Committee (GPUSC) and shown on Figure 7.1. Each of these neighborhoods are distinct in identity, characterized by design elements such as their street patterns, architectural typologies, landscaping, and other attributes that support St. Helena’s sense of place.
St. Helena’s residential neighborhoods include single family units on large, rural lots; single family units on typical neighborhood lots; and attached mediumdensity units, including townhouses, condominiums, and apartments. Various residential architectural styles can be found throughout the city neighborhoods that include favorable design components, such as front porches, abundant landscaping, and façade articulation. Streets within residential neighborhoods are generally tree-lined, equipped with sidewalks, and narrow enough to be comfortable for pedestrians and bicycles. However, some streets, such as Starr Avenue, would benefit from a median, planting berm, dedicated bike paths, Agenda Item #6.1.
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7 community design
or other traffic calming strategies. Decorative fences are often used to establish the boundary between public and private spaces at the street level. These fences, more common in older neighborhoods, also create visual interest for pedestrians. Landscaping in the city’s residential neighborhoods is also colorful and highly textured, which helps to further enhance the pedestrian experience.
Street patterns, an important component of the urban form that influence not only circulation and community access but also community layout and character, vary between neighborhoods in St. Helena. Neighborhood streets such as those in the Hillview and Westside Annex neighborhoods exhibit a traditional grid pattern, while the Big Rock, Fir Hill, and Vallejo neighborhoods have rural and semi-rural street patterns.
Residential neighborhoods
possess unique identities and
different types of architecture
dating from various decades.
Agenda Item #6.1.
Caption.
7 community design
Chaix Ln
Fir Hill Dr
Mills Ln
Melrose Ln
Meadowood Ln
York Ln
Fulton Ln
Tokay Ln
Dean York Ln
W heeler Ln
Inglewood Ave
La Fata St
Victoria Ln
Laguna Seca
Davis Ln
Mccorkle Ave
Tainter St
Stanton Dr
Contento Ln
Edwards St
Money Way
Del Rio Ct
Boyson Ln
Mccormick St
Railroad Ave
Pope St
Starr Ave
N Crane Ave
Kearney St
Hollis Ln
Palmer Dr
Stice Ln
Vineyard Ave
Allyn Ave
Valley View Ave
Hillview Pl
Hudson Ave
Mitchell Dr
Allison Ave
Hunt Ave
Elmhurst Ave
Pinot Way
Charter Oak Ave
Chiles Ave
Madrona Ave
Dowdell Ln
Zinfandel Ln
Big Rock Rd
·|}29
College Ave
Deer Park Rd
Sylvaner Ave
White Ln
Spring Mountain Rd
Fawn Park Rd
Spring St
Silverado Trail
Oak Ave
Crane Ave
Lewelling Ln
·|}29
Stockton St
Madrona Ave Spring St
Howell Mountain Rd
Sulphur Springs Ave
Adams St
Pratt Ave
Grayson Ave
Lodi Ln
Silverado Trail
Howell Mountain Rd
White Sulphur Springs Rd
Stockton St
Silverado Trail
Vineland Ave
Paseo Grand Dr
Mountain View Ave
Park St
Hudson Ave
Garden Ave
Con n Valley Rd
Vallejo St
Scott St
Charter Oak Ave Big Rock
Vallejo
McCorkle
Hunt
Sylvaner
Starr
Mitchell
Spring Mountain
El
Bonita
Crinella
Fir Hill
Vineyard
Downtown
Residential
Dean
York
Vineyard
Valley
Valley View
Hillview
Westside
Annex
Signorelli
South
Bridge
Central
Business
Districts
Sulphur
Springs
Grayson
Quail
Court
Downtown
Residential
Vineland
Station
Hunts
Grove
Stone
Bridge
Lower
Reservoir
Crane
Park
Jacob
Meily
Park
Wappo
Park
!
!
Data Source: City of St. Helena, 2018; Napa County, 2018; Dyett & Bhatia, 2018 0 1,000 2,000 4,000Feet
GENERAL PLAN UPDATE
C i t y o f S t . H e l e n a
Figure 7.1
Neighborhoods
Neighborhoods
Urban Limit Line
Study Areas
City of St. Helena
Railroads
Parks and Open Space
Water Features
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COMMERCIAL AND INDUSTRIAL AREAS
Commercial and industrial areas are located along Main Street and adjacent streets. The Central Business District (CBD), centered on Main Street, serves as the city’s downtown and provides a variety of uses for residents and visitors.
The CBD is characterized by historic buildings, an active pedestrian environment, street trees, and other key defining streetscape elements, such as historic streetlights and special sidewalk treatments. Other commercial and industrial areas are located along Adams Street, Main Street south of Sulphur Creek, and the areas surrounding Dowdell Lane and Vintage Avenue. In these service areas commercial, office, and industrial land uses are less intense and often include on-site parking. Streets are typically two-lane and have minimal streetscape amenities.
7.3 Key Findings
There are several challenges and opportunities facing St. Helena related to community design. The following key findings are based upon comprehensive existing conditions analysis and community input.
• St. Helena’s built environment is characterized by a compact and historic downtown, tree-lined neighborhoods, breathtaking agricultural landscapes, and a distinctive, early 20th century small-town character. By effectively guiding the built form of any potential new construction, the City can ensure that St. Helena preserves its unique qualities.
• St. Helena incorporates approximately 3,000 acres of land, of which 1,500 acres are located within the boundaries of the Urban Limit Line (ULL). The ULL helps define the city’s character by focusing evolution and change in the central core. Careful, context-sensitive development of areas within the ULL can help the city retain its historic and agricultural character while accommodating well thought out growth in coming decades in order to protect the agricultural uses and rural quality of both the city and surrounding areas.
Commercial and industrial
buildings should be distinct
with varying roof lines and
articulated facades.
Agenda Item #6.1.
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• St. Helena’s historic downtown is cherished by residents and draws visitors from around the world. The city’s Main Street features a variety of shopping and dining venues. Encouraging new commercial and mixed-use projects that complement the area’s existing sense of place can enhance Main Street’s character while creating uses to serve residents, visitors and businesses.
• St. Helena boasts a number of well-preserved older buildings along Main Street that help communicate the city’s character to those entering or passing through town, particularly from the north. Key landmark buildings include the Starr, Galleron, Ritchie, Oddfellows, and Pritchard buildings. Preserving these structures and ensuring that new development complements their landmark status can help St. Helena maintain its unique character.
• Design Review is an important tool the City can use to continue to promote, ensure, and encourage new homes or remodels that reflect the scale, proportion, and/or building materials that characterize the surrounding neighborhood. Following design guidelines and/or form-based codes for remodels and new construction can ensure that remodeled or new residences complement existing neighborhoods and contribute positively to St.
Helena’s sense of place.
• Residential neighborhoods throughout the city possess unique identities and include types of architecture dating from various decades of the 20th Century and present day. Establishing a flexible set of design guidelines and/or form-based codes for specific areas can ensure that new development and remodels complement the distinct character of St. Helena’s existing neighborhoods, while allowing for design innovation to accommodate modern needs and tastes.
• St. Helena’s local character is strongly rooted in its agricultural heritage and location in the world-famous Napa Valley winemaking region. By highlighting the importance of key viewsheds and agricultural lands to the community’s overall design, the City can maintain a strong visual connection to the essential role of agriculture in St. Helena’s past and future.
Agenda Item #6.1.
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Adams Street Property Visioning Project
top The site plan for the Adams Street Property
includes key community objectives identified during
the vision and land use alternatives processes.
bottom The Adams Street property was identified as
a good location for a farmer’s market.
In conjunction with the City of St. Helena’s General
Plan Update planning process, the City initiated the
Adams Street Property Visioning project in October
of 2008. The process included several stakeholder
interview sessions, consultation with the General Plan
Update Steering Committee, and two community
workshops. The Adams Street property is a catalytic
site with the potential to meet a range of the community’s needs, including open space, housing and retail.
Building on the community vision and informed
by economic feasibility analysis, the Adams Street
Property Visioning exercise provided overall vision
and specific design direction, establishing a framework for guiding future public and private developments on the site, as well as public improvements, such as community open spaces and streetscape
enhancements.
Design characteristics outlined in the project exemplify many of the Community Design Element’s policies and implementing actions, including new community gathering spaces, preserving important views, green buildings and infrastructure, and an emphasis
on bicycle and pedestrian connections.
Detailed site master planning will occur when a
specific development proposal comes forth for the
Adams Street property.
CONCEPTS, TRENDS AND IDEAS
Agenda Item #6.1.
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St. Helena’s downtown demonstrates its historic character and unique sense of place.
• High-quality and sustainable design is an important component of the overall community design for St. Helena. Incorporating sustainable design practices into site layout, building design, landscaping, and public infrastructure is key to supporting projects that use less energy and water and have a smaller environmental impact. In addition, high-quality design contributes significantly to overall community design. Supporting sound construction practices and the use of high-quality materials will ensure long-lasting, wellbuilt structures. • St. Helena’s Main Street is State Route 29, a major north-south thoroughfare that runs through the Napa Valley. Residents consistently cite heavy traffic as one of the most pressing concerns facing the City and highlight a need to ensure that community design efforts reduce auto-related travel in favor of alternate transportation modes. Creating a community design framework that enhances St. Helena’s human scale can ensure that the city remains a comfortable, safe, and convenient environment for pedestrians, bicyclists and transit riders.
Agenda Item #6.1.
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7.4 Goals
The goals of the Community Design Element are:
Respect St. Helena’s Historic Character and Unique Sense of Place.
St. Helena is committed to enhancing and maintaining its existing community and agricultural character.
Promote a High-Quality and Sustainable Built Environment and Public Realm.
St. Helena is dedicated to maintaining an urban design framework that strengthens the physical form of the City by establishing a high standard of quality, context-sensitivity and ecological sustainability for the design, planning and construction of new and renovated structures, gateways, streets, public infrastructure, and public spaces.
Encourage Community Design throughout the City that Helps to Build Community.
Encourage Human Interaction and Support Non-Automobile Transportation.
St. Helena is committed to promoting community design that is human-scaled, comfortable, safe, and convenient for pedestrian, bicyclist, and transit use.
Agenda Item #6.1.
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Strengthen the City’s Neighborhoods to Retain Desirable Characteristics While Allowing for Smart Change and Evolution.
St. Helena recognizes the unique characteristics of individual neighborhoods and the potential for appropriate change within the context of a well-planned city. The City is committed to solving specific neighborhood problems and implementing neighborhood priorities to value enhance livability.
Green building and landscaping, such as green roofs and green stormwater infrastructure, should be incorporated into new development.
Agenda Item #6.1.
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7.5 Policies and Implementing Actions
A range of policies and implementing actions are outlined below and organized into the following topic areas:
1. High-Quality and Sustainable Design;
2. Commercial and Industrial Areas;
3. Residential Neighborhoods;
4. Open Space;
5. Gateways, Edges, and Views; and
6. Street Pattern and Layout.
The following policies and actions mandate, encourage, or allow certain initiatives to be pursued throughout the duration of the General Plan. Together, they serve as strategic directions for City staff and partners, highlighting where time and resources should be focused. As the city changes and evolves, the following policies and actions will help guide new public infrastructure and private development in achieving sustainable, high-quality design. Buildings should utilize native landscaping, passive heating
and cooling, and green roofs.
Agenda Item #6.1.
topic area
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1 HIGH-QUALITY AND SUSTAINABLE DESIGN
Policies
CD1.1 Ensure high-quality design and construction through a robust design review process.
CD1.2 Ensure the construction of sustainable buildings and landscaping in all public and private development projects.
CD1.3 Require construction and development practices that reduce energy demand through conservation and efficiency, such as the use of green building materials, site design to maximize passive heating and cooling and energy generation, on-site water reuse, water efficient landscaping, and use of low-flow appliances, among others.
(Also see the Climate Change Element, Topic Area 2)
CD1.4 Strengthen water conservation measures for development or construction that result in significant reductions in local water use and the protection of local water resources.
CD1.5 Require stormwater management techniques that minimize surface water runoff in public and private developments.
Utilize low impact development techniques such as bioswales and other best management practices to manage stormwater. (Also see the Open Space and Conservation Element, Topic Area 3) CD1.6 Encourage the adaptive reuse, rehabilitation, and retrofitting of historic buildings in which the original use is no longer feasible. (Also see the Historic Resources Element, Topic Area 1) Buildings should strengthen
conservation measures and
maximize passive heating and
cooling.
Agenda Item #6.1.
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1 HIGH-QUALITY AND SUSTAINABLE DESIGN
CD1.7 Promote the application of sustainable building practices to the preservation of historic resources. (Also see the Historic Resources Element, Topic Area 1) CD1.8 Require, to the extent feasible, that all new development include underground utilities to minimize their negative visual impact. In addition, funding sources to underground electrical lines shall be sought so the undergrounding of existing overheard lines can occur over time.
Implementing Actions
CD1.A Continue to implement the existing design review process for new development and remodels throughout the city. Create additional tools, including design guidelines and/or form-based codes, to inform decision-making and ensure high-quality, sustainable design that is compatible with and enhances community character. Consider formation of historic design review committee and/or policies.
CD1.B Adopt a Green Building and Landscaping Ordinance that establishes green building and landscaping site design standards customized to meet the unique climatic context of the community. Landscaping standards should limit impervious paving and identify standards and incentives that encourage the use of locally-propagated native, low-water, drought-tolerant planting, and integrated pest management practices.
CD1.C Partner with third party agencies, such as PG&E, to encourage the inclusion of energy-efficient systems in remodels and retrofits of existing buildings and residences.
CD1.D Consider offering incentives for improving energy-efficiency in existing buildings.
Agenda Item #6.1.
topic area
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2 COMMERCIAL AND INDUSTRIAL AREAS
Policies
CD2.1 Maintain the character and identity of the downtown by emphasizing strong street definition, creating active front setbacks with outdoor seating, locating parking on the side and behind buildings, and maximizing entrances and transparency on building façades.
CD2.2 Within industrial and commercial areas outside downtown, maintain transitional zones as needed to protect public health and safety but allow flexible front setbacks while encouraging transparent and accessible front façades and parking on the sides and backs of buildings.
CD2.3 Encourage distinction within and between buildings by varying roof lines and articulating building facades.
Central Business and MixedUse districts should emphasize strong street definition and
active front setbacks with outdoor seating .
Activate front
setbacks with
outdoor seating
Buildings that front
sidewalks maintain
strong street definition
Wide sidewalks
with street trees
Stepbacks & articulation
provide distinction
between/within buildings
Articulate and
stepback upper
floors
Encourage
balconies on
Parking located on upper floors
the side or rear of
buildings
Encourage awnings
and overhangs
Building facade
fronts sidewalk
Articulate
front facades
Agenda Item #6.1.
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Allow flexibility in
setbacks and encourage
landscaping
Maintain a transparent
and accessible
front entry
2 COMMERCIAL AND INDUSTRIAL AREAS
CD2.4 Ensure active and complete streets within commercial districts by providing sidewalk amenities, such as landscape buffers, berms, street trees, street furniture, outdoor dining, public art, signage, and wayfinding.
CD2.5 Encourage property owners to improve façades and landscaping surrounding existing buildings through the implementation of beautification programs.
Industrial uses should allow
flexible front setbacks while
encouraging transparent and
accessible front façades.
Encourage solar
and sustainable
elements
Transparent and
accessible front
entry
Allow flexible setback
Agenda Item #6.1.
topic area
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2 COMMERCIAL AND INDUSTRIAL AREAS
Implementing Actions
CD2.A Develop and implement design guidelines and/or form-based codes, to provide oversight and guidance for new buildings and renovations. (Also see the following elements: Land Use and Growth Management, Topic Area 3; and Economic Sustainability, Topic Area 3)
CD2.B Require street tree plantings along the commercial streets east of Main Street to reflect Main Street’s existing planting pattern, in order to provide visual continuity and to create a pleasant pedestrian environment.
CD2.C Install attractive and well-designed community amenities such as public restrooms, drinking fountains, benches, bicycle racks, and trash and recycling containers in commercial districts. Ensure that community amenities are designed and installed to complement surrounding businesses and support the pedestrian-orientation of the street.
CD2.D Require businesses and structures to be of a scale commensurate with existing older buildings in the CB and SC land use areas.
CD2.E Adopt and implement façade and landscape beautification programs to provide assistance to owners of existing commercial and industrial properties.
CD2.F Explore the need for additional programs, such as commercial façade improvement programs and traffic calming incentive programs. (See also the Circulation Element for policies and implementing actions related to traffic calming).
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3 RESIDENTIAL NEIGHBORHOODS
Policies
CD3.1 Limit building envelope sizes and require adequate side and rear setbacks to preserve the character of existing residential areas and to avoid overbuilt lots. Require future development to conform to the pattern and density of the neighboring areas. In order to complement existing town character and protect against incursion into vineyard agricultural areas.
CD3.2 Ensure that new residential designs contribute positively to existing neighborhoods by complementing character and incorporating design features, such as front porches, façade articulation and
stepbacks.
CD3.3 Encourage the use of landscaping and tree plantings as buffers between sidewalks and residential
uses. Discourage the removal of
existing trees and adopt more comprehensive tree preservation standards. (See also the Open Space and Conservation Element for policies and implementing actions related to tree preservation).
CD3.4 Ensure safe bicycle and pedestrian-friendly character on all residential streets. Consider retrofitting existing wide residential streets, such as Starr Avenue, with landscaped medians, wide sidewalks, and adjacent Class I pedestrian and bicycle trails.
New development and remodeling should conform to the
pattern and character of
neighboring homes.
Agenda Item #6.1.
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3 RESIDENTIAL NEIGHBORHOODS
Low density residential.
Encourage permeable paving
materials, and limit
impermeable surfaces
Locate parking
behind, do not allow
parking to dominate
facades
Encourage native
landscaping
Implementing Actions
CD3.A Develop and implement residential design guidelines and/or formbased codes, to provide oversight and guidance for new buildings and renovations. (Also see the Land Use and Growth Management Element, Topic Area 2) CD3.B Review the existing ordinance language limiting lot coverage/floor area ratio according to parcel size in residential areas in order to preserve neighborhood character, reduce adverse view and shade impacts on existing homes, improve groundwater infiltration, and avoid overbuilt conditions. At the same time, care needs to be taken that any ordinance revision does not impair the ability to build second units on existing lots where appropriate.
Agenda Item #6.1.
topic area
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3 RESIDENTIAL NEIGHBORHOODS
Higher density residential.
Medium density residential.
Enforce lot
coverage
requirements
Encourage
permeable paving
materials
Articulate and
stepback upper Locate parking floors
behind, do not
allow parking to
dominate facades
Articulate and
stepback upper
floors
Encourage
balconies on
Parking located on upper floors
the side or rear of
buildings
Encourage awnings
and overhangs
Building facade
fronts sidewalk
Articulate
front facades
Agenda Item #6.1.
topic area
7-24 | ST. HELENA GENERAL PLAN UPDATE 2040
7 community design
3 RESIDENTIAL NEIGHBORHOODS
Encourage landscaping and
street trees to create bicycle
and pedestrian-friendly
streets.
Landscaping in
setback
Parking Parking
Safe and pedestrian
friendly streets
CD3.C Encourage the design and location of parking to minimize its appearance on front façades, locating it to the side or rear of the building, where feasible.
CD3.D Encourage property owners to install landscaping and tree plantings in front setbacks as a buffer between the sidewalk and residential uses.
CD3.E Require new development to include landscaping and street trees.
CD3.F Establish residential street guidelines that ensure a safe environment for families and children. Encourage
traffic calming, street trees, wide
sidewalks, and Class I or II bike
lanes.
CD3.G Explore a reduction in parking requirements for residential uses that implement transportation
demand management strategies,
consistent with the parking management strategy articulated in the Circulation Element.
Agenda Item #6.1.
topic area
ST. HELENA GENERAL PLAN UPDATE 2040 | 7-25
7 community design
4 OPEN SPACE
Plazas and community
gardens are both examples
of open space.
Policies
CD4.1 Encourage the development of public spaces for formal and informal gatherings, such as plazas, seating and small performance areas.
CD4.2 Integrate open space, including parks, community gardens, natural areas, and agriculture into the community to strengthen the connection to St.
Helena’s agricultural heritage and provide a sense of openness.
CD4.3 Support agricultural and lowintensity uses beyond the Urban Limit Line.
(Also see the Land Use and Growth
Management Element, Topic Area 1)
CD4.4 Integrate bicycle and pedestrian trails adjacent to open spaces to enhance connectivity throughout the
city and the region.
(Also see the Parks and Recreation
Element, Topic Area 6)
Agenda Item #6.1.
topic area
7-26 | ST. HELENA GENERAL PLAN UPDATE 2040
7 community design
4 OPEN SPACE
Implementing Actions
CD4.A Require private development to incorporate appropriate public open space into site designs.
(See also the Parks and Recreation and Open Space and Conservation elements provide additional goals, policies and actions related to open space).
Bicycle and pedestrian trails
can be located adjacent to
open spaces.
Agenda Item #6.1.
topic area
ST. HELENA GENERAL PLAN UPDATE 2040 | 7-27
7 community design
5 GATEWAYS, EDGES AND VIEWS
Policies
CD5.1 Preserve the visual and physical connection to agriculture by protecting views from streets, parks, and open spaces to vineyards, agriculture, and hillsides. Where new streets are extended adjacent to agriculture, encourage hillside, and vineyard views by maintaining agricultural activities at the road edge.
Existing east and west entries should be maintained in their current appearance, protecting and improving views of vineyards and the surrounding hillsides wherever possible.
CD5.2 Use public streets or pathways to form the edge of developed areas, allowing views of open space from streets.
CD5.3 Ensure that key gateways into the City receive special, character-defining treatments and landscaping. Consider establishing landmark trees along the roads that serve as gateways to the City. New commercial development on Main Street south of the Sulphur Creek bridge should be carefully designed to provide an appropriate gateway in to the downtown area
CD5.4 Preserve and enhance the City’s nighttime environment and quiet rural sounds of the night for residents and wildlife by limiting the negative effects of artificial lighting.
Visual and physical connections to agriculture and open space provide views and act as
edges.
Agenda Item #6.1.
topic area
7-28 | ST. HELENA GENERAL PLAN UPDATE 2040
7 community design
5 GATEWAYS, EDGES AND VIEWS
Implementing Actions
CD5.A Working with CALTRANS, design and install a landscaping treatment for the northbound (State Route 29 from Chaix Lane north to Sulphur Creek) and westbound (from Silverado Trail west along Pope, and any future roadway segment from the Trail to downtown) gateways into the city. Consider a tunnel of trees similar to those located at the northern gateway.
CD5.B Adopt a dark sky ordinance to preserve the City’s rural character by limiting the negative effects of light pollution on wildlife and community aesthetics. Develop lighting design guidelines for new development that mitigate light pollution while ensuring adequate nighttime security.
CD5.C New development shall not result in significant light, glare, and noise that could affect residents, visitors, and wildlife. Lighting shall be shielded to reduce glare and shall be cast downwards. Outdoor lighting shall occur primarily for the purpose of security and safety. Upcast lighting shall be discouraged to minimize impacts on wildlife and to retain the agricultural ambience of St.
Helena. All lighting shall conform to the Lighting Zone 2 requirements of Title 24 of the California Building Code.
CD5.D The City shall encourage the undergrounding of any new electrical lines required to serve new development. In addition, funding sources to underground existing electrical lines shall be sought so that undergrounding of existing overhead electrical lines can occur over time.
CD5.E The City shall investigate the possibility of designating all or a portion of State Route 29 that passes through the City of St. Helena as a scenic highway under the State’s scenic highway program.
A tunnel of trees provides a
verdant gateway into the City.
Agenda Item #6.1.
topic area
ST. HELENA GENERAL PLAN UPDATE 2040 | 7-29
7 community design
6 STREET PATTERN AND LAYOUT
Policies
CD6.1 Ensure a connected circulation system that maximizes pedestrian and bicycle connectivity.
CD6.2 Promote the inclusion of bicycle and pedestrian trails and bicycle lanes throughout the City, as well as connections to regional trail systems, such as the Napa Valley Vine Trail.
(Also see the Parks and Recreation and Circulation elements for additional policies and implementing actions relating to bicycle and pedestrian trails and amenities.) CD6.3 Require streetscape design that maximizes bicycle and pedestrian usage by providing safe and appropriately lit streets.
Streetscape design that promotes safety and connectivity for bicyclists and pedestrians.
Agenda Item #6.1.
topic area
7-30 | ST. HELENA GENERAL PLAN UPDATE 2040
7 community design
Implementing Actions
CD6.A Facilitate the safe and efficient flow of pedestrian, bicycle and vehicular traffic. Enhance and frame views of the hills and surrounding agricultural lands; and incorporate appropriate traffic calming features to support and complement the neighborhood environment. (See also the Circulation Element for goals, policies and actions related to street connectivity).
6 STREET PATTERN AND LAYOUT
Acceptable: Traditional connected street pattern.
Acceptable: Connected bicycle
and pedestrian street pattern.
Not Preferred: Disconnected
street pattern.
Agenda Item #6.1.
Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: September 23, 2025
FROM: Ian Dale, Environmental Services Tech
SUBJECT: August 2025 Review and Forecasting of City Water Supply Availability.
RECOMMENDED
ACTION:
Receive and file.
PREVIOUS COUNCIL
ACTION:
Monthly Receive and File reports to City Council.
STATEMENT OF THE
PURPOSE:
To provide monthly updates of the amount of water
produced at the Louis Stralla Water Treatment Plant and the Stonebridge Potable Water Wells, and potable water
delivered from the City of Napa.
FINANCIAL IMPACT: None.
BACKGROUND:
The City of St. Helena publishes a monthly water report on the City website (www.cityofsthelena.gov/publicworks/page/water-reports). The report includes the amount of water produced at the Louis Stralla Water Treatment Plant and the Stonebridge Potable Water Wells, and potable water delivered from the City of Napa. In addition to presenting data on the amount delivered monthly, the report includes yearto-date information and prior year data. Water elevation and capacity at the Bell Canyon Reservoir is included as well as information on rain and temperatures.
At the City Council meeting of May 9, 2023, the City Council adopted Resolution 2023- 46 adopting City Council goals for FY 2023-24. Five new City Council Goals for FY 2023-24 which include Goal 1: Financial Sustainability, Goal 2: Infrastructure and Environmental Sustainability, Goal 3: Water Security, Goal 4: Community Information and Engagement, and Goal 5: Quality of Life. City Council has the responsibility of establishing broad goals and the City's leadership has the responsibility to develop a work plan to achieve them.
DISCUSSION:
In connection with City Council Goal 2, City staff has developed a forecasting tool to facilitate its ability to optimize water use and track water availability. Included as Attachment 1 is the Monthly Water Report for August 2025. The water produced for August 2025 is up by 16% when compared to August 2024 and is down by 40% compared to the average of August 2018-2020. Below is a chart summarizing the water produced per source:
Agenda Item #10.1.
Water Produced per Source
Source
Average (2018 -
2020)
(Acre-Feet)
August 2024
(Acre-Feet)
August 2025
(Acre-Feet)
Bell Canyon 86 18.82 46.10
Stonebridge Wells 50 28.76 21.53
Napa Water 61 53.96 50.34
Total 197 101.54 117.97
Percent change from August 2024: 16%
Percent change from average of August 2018 - 2020: -40% Bell Canyon Reservoir
The City is no longer in water emergency conditions based upon the Phase I Water Emergency measures being terminated by City Council adopting Resolution No. 2023- 94 on July 25, 2023. Bell Canyon Reservoir has adequate water to support the City's needs through this calendar year. The storage in Bell Canyon graph (Attachment 2) has been revised to include historic reservoir supply levels since June 2024. It also shows the water availability forecast through June 2027 based on the highest water usage during a non-drought year (FY 2019/20) and 10 inches of rainfall (lowest recorded).
As of September 1, 2025, Bell Canyon Reservoir elevation was at 415.60 feet representing approximately 1,910.16 acre-feet (AF) and 80.1% capacity. Bell Canyon spillway level is 422 feet representing 2,383.69 AF in water supply volume. Below is a chart comparing Bell Canyon elevation levels, water supply availability in acre feet, and percent capacity of the reservoir on September 1st in 2023, 2024, and 2025.
Year 2023 2024 2025
Bell Canyon Elevation Level 418.55 Ft. 417.20 Ft. 415.60 Ft.
Acre Feet 2,124.92 AF 2,025.94 AF 1,910.16 AF
Percent Capacity 89.14% 85% 80.1%
As a follow up to the May 24, 2022, City Council meeting, staff developed a graph (Attachment 3) highlighting the relationship between the reservoir elevation level and water supply availability in acre feet. The graph shows the current status of the reservoir. Furthermore, the graph also displays the points where City Council decided to declare Phase I and Phase II Water Emergencies in 2020.
Continued Water Conservation
California experienced two consecutive dry years 2020 and 2021. Due to the combination of warmer-than-average temperatures and minimal precipitation in the state, the Department of Water Resources (DWR) declared 2021 as the fourth-driest year on record statewide. The record-breaking dry period in January and February 2022, and the absence of significant rains in March 2022, required DWR to reduce anticipated deliveries from the State Water Project (SWP). However, the reduction at Agenda Item #10.1.
the time did not affect St. Helena as the City has multiple robust water sources not affected by the executive order. Water availability from the Bell Canyon reservoir is based on the City's State Water Rights permit and not the SWP. The City has not received any curtailment order from DWR nor does the City anticipate receiving one.
It should be noted that on July 25, 2023, the City Council adopted Resolution No. 2023- 94 to formally end the Phase I Water Emergency. The projected demand on the system versus the anticipated rainfall over the next year reflects an available supply in Bell Canyon approximately 1,895 AF, significantly above the 1,481 AF standard for declaration of a Phase I Water Emergency. Staff will monitor State-wide and local drought conditions, weather conditions, and provide updates on a monthly basis. The corresponding staff report provided a variety of data to reflect the disposition of the water supply at that time in relation to the Council-adopted Safe Yield Policy.
City of Napa Water Supply
Normal operations continue at Rutherford Pump Station (RPS) and the City is taking delivery of the allotment purchased from City of Napa. During the month of August 2025, Rutherford Pump Station was producing an average of 0.52 MG/day for a total of
50.34 AF for the month.
ENVIRONMENTAL REVIEW: Not Applicable.
GOAL:
Goal 3: Pursue Water Security & Sustainable Management of Water Resources Goal 4: Provide Effective Community Information & Opportunities for Engagement DOCUMENTS ATTACHMENTS:
MWR August 1-31 2025
Attachment 2 - Bell Canyon Water Storage Forecast
Attachment 3 - Bell Canyon Reservoir Storeage Phase I II Agenda Item #10.1.
CITY OF ST. HELENA
MONTHLY WATER REPORT
CC: CC __X__ PC__X__ FILE _____
RECEIVED: _____ BY: __
LOUIS STRALLA
WATER PLANT
TK #1 & #2
ADJUST
46.10 15.02 -0.14
39.2% -0.4%
38.43 MG MG
n/a MG MG
n/a MG MG
1.23 MG MG
% %
78.67 AF 33.1% 96.71 AF 36.2%
25.63 MG 31.50 MG
104.90 AF 44.1% 104.61 AF 39.2%
34.17 MG 34.07 MG
54.43 AF 22.9% 65.58 AF 24.6%
17.73 MG 21.36 MG
TOTAL WATER PRODUCED 238.00 AF 100.0% 266.90 AF 100.0%
DELIVERY (ALL)
0.18 NA
415.60 FT. FT.
-2.30 FT. FT.
1910.16 AF AF
80.1 % %
0.10 IN IN
0.10 IN IN
DISCLAIMER: The data presented in this report is approximate and for informational purposes only.
Updates will be provided if any errors are identified.
AVERAGE 76.9 75
REMARKS
City of Napa Water Delivery: RPS producing an average of 0.52 MG/day during August 2025.
THIS MONTH, THIS YEAR THIS MONTH, LAST YR.
DEGREES IN FAHRENHEIT 55.2-98.6 53.6-97.9
TEMPERATURES
MONTHLY RISE OR DROP -1.36
CAPACITY AT END OF PERIOD 2025.94
PERCENT OF FULL CAPACITY 85.0
RAINFALL IN THIS PERIOD 0.10
TOTAL RAINFALL SEASON TO DATE 0.10
ELEVATION BELL CANYON RESERVOIR 417.20
STONEBRIDGE APARTMENTS MG/Aug. 1 -31 0.17 MG/Aug. 1-31
WATER ELEVATION, CAPACITY & RAINFALL
THIS FISCAL YEAR LAST FISCAL YEAR
NAPA VALLEY COLLEGE MG/Aug. 1 -31 0.09 MG/Aug. 1-31
STONEBRIDGE POTABLE WELLS
SBW IRRIGATION WATER
THIS MONTH THIS MONTH, LAST YR.
THIS FISCAL YEAR LAST FISCAL YEAR
LOUIS STRALLA WATER PLANT
NAPA WATER
MINIMUM DAILY PRODUCED n/a
AVERAGE DAILY PRODUCED 1.06
WATER YEAR TOTALS
WATER PRODUCED DELIVERY (AGGREGATE)
TOTAL PRODUCED THIS PERIOD 33.07
MAXIMUM DAILY PRODUCED n/a
0.18 16.40
PERCENT 18.3% 42.8%
-0.44
August 1-31, 2025
STONEBRIDGE
POTABLE
WELLS
SBW
IRRIGATION
WATER
NAPA WATER
THIS YEAR LAST YEAR
AMOUNT PRODUCED in AF 21.53 0.55 50.34
AMOUNT PRODUCED in MG 7.01
Agenda Item #10.1.
Agenda Item #10.1.
Agenda Item #10.1.
Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: September 23, 2025
FROM: Stephanie Killingsworth, Public Works Financial Analyst SUBJECT: Consideration and proposed adoption of a Resolution (1) Authorizing the City Manager to execute a Construction
Contract with ERS Industrial Services, Inc. in an amount not-to-exceed $165,730 (2) Authorizing the Director of
Public Works to approve Change Orders not-to-exceed
15% ($24,860) for a total contractor budget of $190,590; and (3) Declaring of Sole Source to ERS Industrial
Services, Inc. for Filter Media Replacement at Stonebridge Wells.
RECOMMENDED
ACTION:
Staff recommends approval of the attached Resolution.
PREVIOUS COUNCIL
ACTION:
February 25, 2025 - City Council Authorized Expenditure for Stonebridge Well Filter Media Replacement.
STATEMENT OF THE
PURPOSE:
To request City Council authorization of a Construction Contract with ERS Industrial Services, Inc. for the removal and replacement of filter media at the Stonebridge Wells, and to declare ERS Industrial Services, Inc. as a sole
source provider for this specialized service.
FINANCIAL IMPACT: The total financial impact is an amount not-to-exceed $190,590, which includes the base construction contract of $165,730 and a 15% contingency ($24,860) for potential
change orders. Sufficient budget is currently available within the Water Enterprise Fund to cover this project.
However, because this is an unanticipated expense, it is expected that a mid-year budget adjustment will be
required to ensure that adequate funding remains
available for ongoing operational expenses.
BACKGROUND:
The City relies on the groundwater wells (i.e. Stonebridge Wells) to provide a critical role during high-demand summer months. In recent years, the City has received periodic customer complaints related to discoloration and aesthetic quality of water, which can partially be attributed to this site. Although the water remains safe and compliant with regulatory standards, staff has been actively working with consultants and treatment specialists to identify operational improvements.
Agenda Item #10.2.
An evaluation of the Stonebridge Well filter system determined that the filter media, which is responsible for removing naturally occurring constituents such as iron and manganese, has reached the end of its useful life and is no longer performing efficiently.
Replacing the media is necessary to maintain water quality and system reliability.
DISCUSSION:
As part of the City's ongoing efforts to address seasonal water quality issues, staff had an evaluation performed on the condition of the filter media at the Stonebridge Wells.
The existing media has been in place for several years and has shown signs of reduced effectiveness in removing iron, manganese, and other naturally occurring constituents that can contribute to water discoloration, taste, and odor concerns.
ERS Industrial Services, Inc., a specialized environmental remediation contractor, has provided a proposal to remove and replace the aging filter media with new, higherperformance material that is expected to enhance treatment efficiency and improve water quality. The scope of work includes removal and disposal of the existing media, cleaning and inspection of the vessels, supply and installation of a new filter gravel, greensand, and anthracite, and testing to ensure system optimization following installation.
The base contract amount is $165,730, and upon approval of the resolution the Director of Public Works would have authorization to approve change orders up to 15% of the base contract amount, or $24,860 to address any unforeseen conditions. This results in a total authorized project budget not to exceed $190,590.
ERS has provided services to the City of St. Helena for more than 20 years and maintains specialized knowledge of the City's water treatment facilities. Due to their experience, proprietary service methods, and immediate access to necessary media and equipment, staff recommends declaring ERS Industrial Services a sole source provider for this work and authorizing a construction contract. Competitive bidding of this work would be contrary to the public interest because no other contractor has the experience, proprietary service methods, and immediate access to necessary media and equipment necessary to perform this work.
ENVIRONMENTAL REVIEW:
The project is exempt from CEQA under Section 15301, Class 1 (Existing Facilities), as it involves repair and maintenance of existing public utility systems without expansion of capacity or use.
GOAL:
Goal 2: Improve Infrastructure & Further Environmental Sustainability Goal 3: Pursue Water Security & Sustainable Management of Water Resources DOCUMENTS ATTACHMENTS:
Agenda Item #10.2.
Resolution SBW Media Filter Replacement
ERS industrial Products and Services
Sample Construction Contract
Agenda Item #10.2.
CITY OF ST. HELENA
RESOLUTION NO. 2025-__
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
A CONSTRUCTION CONTRACT WITH ERS INDUSTRIAL
SERVICES, INC. IN THE AMOUNT OF $165,730; AUTHORIZING
THE DIRECTOR OF PUBLIC WORKS TO APPROVE CHANGE
ORDERS UP TO 15%; AND DECLARING ERS INDUSTRIAL
SERVICES, INC. A SOLE SOURCE PROVIDER FOR FILTER MEDIA
REPLACEMENT AT STONEBRIDGE WELLS.
RECITALS
A. The City relies on the Stonebridge Wells to supplement its drinking water supply, particularly during high-demand summer months; and
B. The filter media at the Stonebridge Wells has reached the end of its useful life, resulting in reduced effectiveness in removing iron, manganese, and other naturally occurring constituents that contribute to water discoloration, taste, and odor concerns; and
C. ERS Industrial Services, Inc. has provided a proposal to remove and replace the existing filter media with higher-performance materials, and has extensive experience providing specialized services to the City of St. Helena for more than 20 years; and
D. Staff recommends declaring ERS Industrial Services, Inc. a sole source provider for this project due to their expertise, proprietary methods, and immediate access to required media and equipment.
RESOLUTION
NOW, THEREFORE, the City Council of the City of St. Helena resolves as follows:
1. The City Manager is authorized to execute a Construction Contract with ERS Industrial Services, Inc. in the amount of $165,730 for the removal and replacement of filter media at the Stonebridge Wells; and
2. The Director of Public Works is authorized to approve change orders up to 15% of the base contract, or $24,860 for a total Contractor budget of $190,590; and
Agenda Item #10.2.
3. ERS Industrial Services, Inc. is declared a sole source provider for the Stonebridge Wells filter media replacement project.
4. Funding is as follows:
Description Fund GL Account Amount
Water Treatment
Capital Improvement
Equipment
561
Water Enterprise 561-5034-2670 $190,590
Approved at a Regular Meeting of the St. Helena City Council on September 23, 2025, by the following vote:
Mayor Dohring:
Vice Mayor Deasy:
Council Member Barak:
Council Member Spadarotto:
Council Member Summers:
APPROVED: ATTEST:
________________________ ________________________
Paul Jamison Dohring, Mayor Erika Opp, Acting City Clerk Agenda Item #10.2.
Products and Services
ERS Industrial Services, Inc. is a privately held company and general engineering contractor with expertise in turnkey services for the water and wastewater industries. Specializations consist of media change-outs, coatings, and repairs of gravity filters and pressure vessels. We also rehabilitate and upgrade other systems associated with water operations, including clarifiers, primary sedimentation tanks, aeration basins, manholes, and pump stations. The following are products and services we offer to the Water Treatment Industry:
Centralized Inventory of all Common
Media:
• Anthracite
• GAC
• Resin
• Silica gravel
• Garnet
• Sand
• Greensand
• Pea Gravel
Specialized Coatings Application:
• Standard and high build epoxies
• Elastomeric polyurethane coatings
• Ultra-high pressure washing
• Secondary containments for chemicals
• Headworks with bypass solutions
Specialty Trained Personnel:
• Confined Space Entry & Rescue
• BATT & TWIC certified
• First Aid/CPR/AED
• DIR certified
• Class A & C-33 license
Repair and Upgrade of Pressure Vessels and Gravity
Filters:
• Wedge wire underdrains
• Wash arms, PVC laterals
• Valving & controls
• Custom fabrication of piping
• Plastic block underdrains
• Clay tile underdrains
• Air scour Systems
Concrete Restoration:
• ENDURA-FLEX coating system
• Crack injection
• Spall repairs
• Expansion joints
• Manhole coatings
Filter Surveillance:
• Scheduled annual field evaluations
• Lab testing of media
• Coatings evaluation
• Floc & turbidity testing
ERS Industrial Services, I n c .
2120 Warm Springs Court Fremont, CA 94539
Phone: (510) 770-0202
[email protected]
Agenda Item #10.2.
Agenda Item #10.2.
Sample
2024 Construction Contract – Short Form 1
CITY OF ST. HELENA
CONSTRUCTION CONTRACT
[PROJECT NAME]
1. PARTIES AND DATE.
This Contract is made and entered into this [__] day of [__], 2023 by and between the City of St. Helena, a public agency of the State of California (“City”) and [Contractor Name], a [Entity Type] with its principal place of business at [Contractor Address] (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.
2. RECITALS.
2.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.
2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing [Insert Services Provided ], that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project: [__].
2.3 Project. City desires to engage Contractor to render such services for the [Project Name] (“Project”) as set forth in this Contract.
2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, a performance bond, a payment bond, and all insurance documentation, as required by the Contract.
3. TERMS
3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
Services/Schedule (Exhibit “A”)
Plans and Specifications (Exhibit “B”)
Special Conditions (Exhibit “C”)
Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) Public Works Contractor Registration Certification (Exhibit “E”) Payment Bond (Exhibit “F”)
Fleet Compliance Certification. (Exhibit “G”)
Addenda
Change Orders executed by the City
3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, Agenda Item #10.2.
Sample
2024 Construction Contract – Short Form 2
including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.
3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in writing by a valid change order executed by the City. Should Contractor request a change order due to unforeseen circumstances affecting the performance of the Work, such request shall be made within five (5) business days of the date such circumstances are discovered or shall waive its right to request a change order due to such circumstances. If the Parties cannot agree on any change in price required by such change in the Work, the City may direct the Contractor to proceed with the performance of the change on a time and materials basis.
3.2.2 Substitutions/“Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article.
The burden of proof as to the equality of any material, process or article shall rest with Contractor.
The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.
Agenda Item #10.2.
Sample
2024 Construction Contract – Short Form 3
Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.
3.3 Period of Performance.
3.3.1 Contract Time. Contractor shall perform and complete all Work under this Contract within [***INSERT NUMBER OF CALENDAR OR WORKING DAYS***] days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage.
3.3.2 Force Majeure. Neither City nor Contractor shall be considered in default of this Contract for delays in performance caused by circumstances beyond the reasonable control of the non-performing party. For purposes of this Contract, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; pandemics or epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. Should such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Contract. Contractor’s exclusive remedy in the event of delay covered under this section shall be a non-compensable extension of the Contract Time.
3.3.3 Liquidated Damages. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of Five Hundred ($500) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.
3.4 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including any required business license, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.
Agenda Item #10.2.
Sample
2024 Construction Contract – Short Form 4
3.5 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.
3.6 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the belowreferenced compensation in accordance with compensation provisions set forth in the Contract.
3.7 Compensation and Payment.
3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of [***INSERT PRICE***] (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.
3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein.
On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.
3.7.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.
3.7.4 Contract Retentions. From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.
3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Agenda Item #10.2.
Sample
2024 Construction Contract – Short Form 5
Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.
3.7.6 Substitutions for Contract Retentions. In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term “satisfactory completion of the contract” shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City.
3.7.7 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.
3.7.8 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.
3.7.9 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract upon request. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s Agenda Item #10.2.
Sample
2024 Construction Contract – Short Form 6
principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.
3.7.10 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.
3.7.11 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.
3.7.12 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.
The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
3.7.13 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works Agenda Item #10.2.
Sample
2024 Construction Contract – Short Form 7
project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
3.7.14 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City.
Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.
3.8 Performance of Work; Jobsite Obligations.
3.8.1 Water Quality Management and Compliance.
3.8.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
3.8.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.
3.8.1.3 Other Water Quality Rules Regulations and Policies.
Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.
Agenda Item #10.2.
Sample
2024 Construction Contract – Short Form 8
3.8.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of The Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.
3.8.1.5 Liability for Non-Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.
3.8.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.
3.8.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.8.1. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.8.1 as they may relate to the Work provided under this Contract.
Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.
3.8.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.
3.8.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If Contractor observes that the drawings or specifications are at variance Agenda Item #10.2.
Sample
2024 Construction Contract – Short Form 9
with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.8.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, any required business license. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s business license fee, if any. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.
3.8.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.
3.8.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.
In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.
3.8.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.
3.8.8 Air Quality.
Contractor shall fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions Agenda Item #10.2.
Sample
2024 Construction Contract – Short Form 10
limits and permitting requirements imposed by the Bay Area Air Quality Management District (Air District) and/or California Air Resources Board (CARB). Although the Air District and CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by Air District and CARB to include any item of equipment with a fuel-powered engine.
Contractor shall comply, and shall ensure all subcontractors comply, with all applicable requirements of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”).
Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and any subcontractors’ fleet including, without limitation, all Certificates of Reported Compliance, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City.
Contractor shall indemnify District against any fines or penalties imposed by Air District, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
3.8.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.
3.9 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a reinspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain.
Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.
3.10 Claims; Government Code Claim Compliance.
3.10.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.
3.10.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or Agenda Item #10.2.
Sample
2024 Construction Contract – Short Form 11
otherwise failed to follow any procedures contained in the Contract Documents. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.
3.10.3 Supporting Documentation. The Contractor shall submit all claims in the following format:
3.10.3.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made
3.10.3.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other
3.10.3.3 Chronology of events and correspondence
3.10.3.4 Analysis of claim merit
3.10.3.5 Analysis of claim cost
3.10.3.6 Time impact analysis in CPM format
3.10.3.7 If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.
3.10.3.8 Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with Government Code section 12650 et seq.
3.10.4 City’s Response. Upon receipt of a claim pursuant to this Section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and Agenda Item #10.2.
Sample
2024 Construction Contract – Short Form 12
what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the public entity issues its written statement.
3.10.4.1 If City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, City shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.
3.10.4.2 Within 30 days of receipt of a claim, City may request in writing additional documentation supporting the claim or relating to defenses or claims City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor.
3.10.4.3 City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
3.10.5 Meet and Confer. If the Contractor disputes City’s written response, or City fails to respond within the time prescribed, the Contractor may so notify City, in writing, either within 15 days of receipt of City’s response or within 15 days of City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 days for settlement of the dispute.
3.10.6 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.
3.10.6.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.
3.10.6.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
3.10.6.3 Unless otherwise agreed to by City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
Agenda Item #10.2.
Sample
2024 Construction Contract – Short Form 13
3.10.6.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.
3.10.7 Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation.
3.10.8 Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this Section:
3.10.8.1 Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures.. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.
3.10.8.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
3.10.8.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.
3.10.9 Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.
Agenda Item #10.2.
Sample
2024 Construction Contract – Short Form 14
3.10.10 Non-Waiver. City’s failure to respond to a claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.
3.11 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminate this Contract pursuant to Section 3.17.3; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.
3.12 Indemnification.
3.12.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Contract, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses.
Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.
3.12.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor's own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.
3.13 Insurance.
3.13.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the Agenda Item #10.2.
Sample
2024 Construction Contract – Short Form 15
subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.
3.13.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:
3.13.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. Policies shall not contain exclusions contrary to this Contract.
3.13.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence and $4,000,000 aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California.
Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease. Defense costs shall be available in addition to the limits.
Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.
3.13.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies:
3.13.3.1 General Liability. (1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage.
Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.
3.13.3.2 Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive Agenda Item #10.2.
Sample
2024 Construction Contract – Short Form 16
or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.
3.13.3.3 Workers’ Compensation and Employer’s Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and authorized volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.
3.13.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and authorized volunteers.
3.13.4 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and authorized volunteers.
3.13.5 Deductibles and Self-Insurance Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
3.13.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.
3.13.7 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
3.13.8 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages Agenda Item #10.2.
Sample
2024 Construction Contract – Short Form 17
for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.
3.13.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.
3.14 Bond Requirements.
3.14.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.
3.14.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.
3.14.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.
3.14.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.15 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so Agenda Item #10.2.
Sample
2024 Construction Contract – Short Form 18
corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.
Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.
Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
3.16 Employee/Labor Certifications.
3.16.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.
3.16.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
3.16.3 Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same.
3.17 General Provisions.
3.17.1 City’s Representative. The City hereby designates [***INSERT TITLE***], or his or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.17.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on Agenda Item #10.2.
Sample
2024 Construction Contract – Short Form 19
behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.
3.17.3 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.
City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Work including, without limitation, any overhead and profit on the portion of the Work that is terminated and shall not be entitled to damages or compensation of any kind or nature for termination of Work.
3.17.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.
3.17.5 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.
3.17.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
CONTRACTOR:
[Contractor Name]
[***INSERT CONTRACTOR ADDRESS***]
Attn: [***INSERT CONTRACTOR REP. NAME AND TITLE***]
Agenda Item #10.2.
Sample
2024 Construction Contract – Short Form 20
CITY:
City of St. Helena
[***INSERT CITY ADDRESS***]
Attn: [***INSERT CITY REP. NAME AND TITLE***]
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.17.7 Time of Essence. Time is of the essence in the performance of this Contract.
3.17.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.
3.17.9 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.17.10 Laws and Venue. This Contract shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Contract, the action shall be brought in the Superior Court of California for the County of Napa.
3.17.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.
3.17.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.
3.17.13 [Reserved]
3.17.14 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.
3.17.15 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to rescind this Contract without liability. For the term of this Agenda Item #10.2.
Sample
2024 Construction Contract – Short Form 21
Contract, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Work.
3.17.16 Certification of License.
3.17.16.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.
3.17.16.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.
Box 26000, Sacramento, California 95826.
3.17.17 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.
3.17.18 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.
3.17.19 Non-Waiver. None of the provisions of this Contract shall be considered waived by either party, unless such waiver is specifically specified in writing.
3.17.20 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project or other projects. [SIGNATURES ON NEXT PAGE]
Agenda Item #10.2.
Sample
2024 Construction Contract – Short Form 22
SIGNATURE PAGE FOR CONSTRUCTION CONTRACT
BETWEEN THE CITY OF ST. HELENA
AND [CONTRACTOR NAME]
IN WITNESS WHEREOF, the Parties have entered into this Contract as of the [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***].
City of St. Helena [CONTRACTOR NAME]
By: By:
[INSERT NAME]
[INSERT TITLE] Its:
Printed Name:
Agenda Item #10.2.
Sample
2024 Construction Contract – Short Form 23
EXHIBIT “A”
SERVICES / SCHEDULE
[INSERT SCOPE OF SERVICES]
Agenda Item #10.2.
Sample
- 24 -
EXHIBIT “B”
PLANS AND SPECIFICATIONS
[INSERT ALL PLANS AND SPECS]
Agenda Item #10.2.
Sample
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EXHIBIT “C”
SPECIAL CONDITIONS
ARTICLE 1. BONDS
Within ten (10) calendar days from the date the Contractor is notified of award of the Contract, the Contractor shall deliver to the City four identical counterparts of Payment Bond on the form supplied by the City and included as Exhibit “F” to the Contract. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.
ARTICLE 2. Reverse Liquidated Damages Due to Unreasonable City Delay.
In compliance with the provisions of California Public Contract Code § 7102, the Contractor will be compensated for damages incurred due to delays in completing the Work due solely to the fault of the City, where such delay is unreasonable under the circumstances and not contemplated by the parties and such delay is not the result of Additional Work. The Contractor and City agree that determining actual damages is impracticable and extremely difficult. As such, the Contractor shall be entitled to the appropriate time extension and to payment of liquidated damages in the sum of $400 per Day of delay in excess of the time specified for the completion of the Work. Such amount shall constitute the only payment allowed and shall necessarily include all overhead (direct or indirect), all profit, all administrative costs, all bond costs, all labor, materials, equipment and rental costs, and any other costs, expenses and fees incurred or sustained as a result of such delay. The Contractor expressly agrees to be limited solely to the liquidated damages for all such delays as defined in this subsection.
Agenda Item #10.2.
Sample
- 26 -
EXHIBIT “D”
CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.
[Contractor Name]
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
Agenda Item #10.2.
Sample
- 27 -
EXHIBIT “E”
PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/PublicWorks/PublicWorks.html for additional information.
No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.
Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Contractor:
DIR Registration Number:
DIR Registration Expiration:_________________________
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:
Contractor shall maintain a current DIR registration for the duration of the project. Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.
Name of Contractor
Signature
Name and Title
Dated
1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.” Agenda Item #10.2.
Sample
- 28 -
EXHIBIT “F”
PAYMENT BOND
Agenda Item #10.2.
Sample
- 29 -
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of St. Helena (hereinafter designated as the “City”), by action taken or a resolution passed ___________ , 20____has awarded to [Contractor Name] hereinafter designated as the “Principal,” a contract for the work described as follows:
_____________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated __________________ (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by Agenda Item #10.2.
Sample
- 30 -
any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
Agenda Item #10.2.
Sample
- 31 -
Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
Agenda Item #10.2.
Sample
- 32 -
Agenda Item #10.2.
Sample
- 33 -
Exhibit G
Fleet Compliance Certification.
Bidder hereby acknowledges that they have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct:
The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto. The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto.
Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids).
The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4).
The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.
Name of Bidder:_________________________________________________ Signature: __________________________________________________ Name: __________________________________________________ Title: __________________________________________________ Date: __________________________________________________ Agenda Item #10.2.
Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: September 23, 2025
FROM: Stephanie Killingsworth, Public Works Financial Analyst SUBJECT: Consideration and Approval of Payment for Sludge Hauling Services provided by Upper Valley Disposal in
FY2024-25 in the Amount of $37,549.26.
RECOMMENDED
ACTION:
Staff recommends approval of the attached Resolution.
PREVIOUS COUNCIL
ACTION:
The City entered into a Joint Powers Agreement with
Upper Valley Waste Management Authority in 1992, who
negotiated the current franchise waste agreement Upper
Valley Disposal Service in 2020.
On August 12, 2025, the City Council adopted Resolution 2025-088 authorizing the City Manager to enter into an
agreement with Upper Valley Disposal for Sludge Hauling Services from the Wastewater Treatment Plant utilizing
funds in FY25/26 & FY26/27.
STATEMENT OF THE
PURPOSE:
To authorize payment of sludge hauling services provided by Upper Valley Disposal for the City's Wastewater
Treatment Plant, funded from the Wastewater Enterprise
Fund (Fund 571).
FINANCIAL IMPACT: The total cost of $37,549.26 will be funded from the approved FY24/25 Wastewater Enterprise Fund Operating
Budget.
BACKGROUND:
With the commissioning of the City’s new Membrane Bioreactor (MBR) facility at the Wastewater Treatment Plant, a new type of waste byproduct is being generated— condensed sludge. Unlike in the past, when sludge was stored on-site and dried for eventual reuse or disposal, the condensed nature and increased volume of the new sludge require regular hauling and disposal at a permitted landfill.
This hauling of biosolids represents a new and essential service that falls outside the scope of the City’s regular waste operations. While Upper Valley Disposal currently provides waste hauling services under the City’s franchise agreement, biosolids are specifically excluded from the list of acceptable materials in that agreement. As such, the City is seeking to enter into a separate arrangement with Upper Valley Disposal to provide this service. Due to the biological classification of the material, the biosolids must be transported to Potrero Hills Canyon Landfill—a specialized facility permitted to Agenda Item #10.3.
accept this type of waste. The longer hauling distance, coupled with the landfill’s tipping fees and the additional labor involved, results in higher overall costs for disposal.
DISCUSSION:
The MBR process is expected to generate between one and two 10-cubic-yard containers of sludge each week, depending on seasonal flows. The total cost to pick up, haul, and dispose of a single container is $2,000. Over the course of the next two fiscal years, staff estimates total expenses will reach approximately $100,000.
Staff incorporated these new operational costs into the FY25/26 & FY26/27 Wastewater operations budget. However, Council authorization is required to make these payments in FY24/25 to the franchised waste hauler.
Invoices are listed as follows:
Invoice No. 176548559U060 – $10,995.00
Invoice No. 176668259U060 – $8,500.00
Invoice No. 176670675U060 – $4,414.93
Invoice No. 176755273U060 – $8,789.95
Invoice No. 176935655U060 – $4,849.38
It should be noted that Capital Improvement Plan Project No. S27-01 for "Pond Cleaning, Decommissioning, and Repurpose" will take one of the ponds and convert into a drying bed to further remove liquid prior to hauling and reduce the quantity, frequency and associated annual cost for this service. This project is scheduled for FY26/27.
ENVIRONMENTAL REVIEW: None.
GOAL:
Goal 2: Improve Infrastructure & Further Environmental Sustainability Goal 7: Enhance Organizational Effectiveness
DOCUMENTS ATTACHMENTS:
Resolution Sludge Hauling FY25
STH Contract FY2026_012_Sludge Hauling from WWTP_signed FY25 Invoices
Agenda Item #10.3.
CITY OF ST. HELENA
RESOLUTION NO. 2025-__
RESOLUTION AUTHORIZING PAYMENT OF SLUDGE HAULING
SERVICES PROVIDED BY UPPER VALLEY DISPOSAL IN
FY2024/25 IN THE AMOUNT OF $37,549.26
RECITALS
A. The City of St. Helena commissioned a Membrane Bioreactor (MBR) facility at the Wastewater Treatment Plant, which produces condensed sludge requiring off-site hauling and disposal; and
B. Upper Valley Disposal provided sludge hauling and disposal services to a permitted landfill during FY2024/25; and
C. The City received invoices for said services in FY2024/25 totaling $37,549.26; and
D. Sufficient funds are available in the Wastewater Enterprise Fund (Fund 571) operating budget to pay these invoices; and
E. On August 12, 2025 the City Council adopted Resolution 2025-088 authorizing the City Manager to enter into an agreement with Upper Valley Disposal for sludge hauling services.
RESOLUTION
NOW, THEREFORE, the City Council of the City of St. Helena resolves as follows:
1. Authorize payment to Upper Valley Disposal for sludge hauling services provided in FY2024/25 in the total amount of $37,549.26.
2. Funding is as follows:
Description Fund GL Account Amount
Wastewater Treatment
Plant
Other Contract Services
571-Wastewater
Enterprise 571-50-29-21-45 $37,549.26
Agenda Item #10.3.
Approved at a Regular Meeting of the St. Helena City Council on September 23, 2025, by the following vote:
Mayor Dohring:
Vice Mayor Deasy:
Council Member Barak:
Council Member Spadarotto:
Council Member Summers:
APPROVED: ATTEST:
________________________ ________________________
Paul Jamison Dohring, Mayor Erika Opp, Acting City Clerk Agenda Item #10.3.
Agenda Item #10.3.
Agenda Item #10.3.
Agenda Item #10.3.
Agenda Item #10.3.
Agenda Item #10.3.
Agenda Item #10.3.
Agenda Item #10.3.
Agenda Item #10.3.
Agenda Item #10.3.
Agenda Item #10.3.
Agenda Item #10.3.
Agenda Item #10.3.
Agenda Item #10.3.
UPPER VALLEYDISPOSAL SERVICE
DISTRICT NO. 4060
CITYOF ST HELENA FOR ASSISTANCE
1572 RAILROAD AVE Customer Service 707-963-7988 SAINT HELENACA 94574 One Time Payments 300457-1379 g
INVOICESTATEMENT 5
Date Descri tion Amount
Service Location Ma City Of St Helena Wst Wtr Pln
Acct #6182573 1 Chaix Ln
01/06/25 Bulky Item Charge 1 Each @ $125.00 $ 125.00
1170079
01/06/25 Bulky Item Charge 1 Each @ $125.00 $ 125.00
1170081
01/06/25 Bulky Item Charge 1 Each @ $125.00 $ 125.00
1170082
01/06/25 Disposal Fee By Ton - R0 8 Each @ $0.00 $ 0.00 1170081
01/06/25 Disposal Fee By Ton - R0 7.4 @ $0.00 $ 0.00
1170082
01/06/25 Disposal Fee By Ton - R0 8.18 @ $0.00 $ 0.00
1170079
01/06/25 Haul 10 Yd Dirt/Rock/Concrete 1 Each @ $2000.00 $ 2,000.00 Z =-
.'
1170081 ' ' 01/06/25 Haul 10 Yd Dirt/Rock/Concrete 1 Each @ $2000.00 $ 200000 1170082 _ 01/06/25 Haul 10 Yd Dirt/Rock/Concrete 1 Each @ $2000.00 $ 2,000.00 1170079
01/13/25 Bulky ItemCharge 1 Each @ $125.00 $ 125.00
1172508
01/13/25 Disposal Fee By Ton - Ro 7.52 @ $0.00 $ 0.00
1172508
01/13/25 Haul 10 Yd - R0 1 Each @ $2000.00 $ 2,000.00
Please remit to the address below and return your remit Stub with your payment.
UPPER VALLEYDISPOSAL SERVICE ACCOUNT NO. 4060-6182573 A WASTE CONNECTIONS COMPANY INVOICE NO. 176548589U060 PO BOX 382 STATEMENT DATE 02/01/25 SAINT HELENACA 94574—0382 DUE DATE 0n Receipt PAY THIS AMOUNT $10,995.00 ‘° AV 01 035264 21321H104 A**5DGT WRITEIN I-II-H-I-IIIIIIII-IIIIIII-I--III-Ilml-IIIII-I-IIIIIIIIIIIIIIII3213”” $
CITY OF ST HELENA D
TO CHANGEADDRESS
BILLINGPERIOD
.‘Ak. ..‘ ACCOUNT NO. 4060-6182573 A WASTE CONNECTIONSCOMPANY PO BOX 382 INVOICENO. 176548559U060 STATEMENT DATE 02/01/25 5AINT HELENA CA 94574-0382 DUE DATE On Receipt 01/01/25 - 01/31/25 Check here and complete the information on the reverse side. 1572 RAILROAD AVE SAINT HELENACA 94574-1106 MAILPAYMENTTO: UPPER VALLEY DISPOSAL SERVICE A WASTE CONNECTIONSCOMPANY PO BOX 7428 PASADENACA 91109—7428
HDED UDUUUDDDDDOOUDDOOXELSES?3? [II]UDlU'?‘iSOUOUDUDODDDUDl'?SH6553 “I Agenda Item #10.3.
UPPERVALLEYDISPOSAL SERVICE A WASTE CONNECTIONS COMPANY PO BOX 382 SAINT HELENACA94574-0382 DISTRICTNO. 4060
CITYOF ST HELENA
1572 RAILROAD AVE
SAINT HELENACA94574
PAGE 2 ACCOUNT NO. 40606182573
INVOICE NO. 176548559U060 STATEMENT DATE 02/01/25 DUE DATE On Receipt BILLINGPERIOD 01/01/25 - 01/31/25 INVOICESTATEMENT(continued)
Date Description Amount
1172508
01/17/25 Bulky Item Charge 1 Each @ $125.00 $ 125.00
1175536
01/17/25 Bulky Item Charge 1 Each @ $125.00 $ 125.00
1175234
01/17/25 Disposal Fee By Ton - Ro 7.63 @ $0.00 $ 0.00
1175234
01/17/25 . Haul 10.Yd - R0 1 Each @ $2000.00 $ 2,000.00 1175234 " 01/17/25 Trip Fee - R0 1 Each @ $245.00 $ 245.00 1175536
Current Charges And Fees $ 10,995.00
Total Due $ 10,995.00
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Agenda Item #10.3.
UPPER VALLEY DISPOSAL SERVICE ACCOUNT NO. 4060-6182573
A Waste Connections Company INVOICE NO. 176668259U060
PO Box 382 STATEMENT DATE 3/1/2025
SAINT HELENA, CA, 94574-0382 DUE DATE On Receipt
DISTRICT NO. 4060 BILLINGPERIOD 2/1/2025-2/28/2025
FOR ASSISTANCE CALL
CUSTOMER SERVICE 707-963-7988
‘3'“ OF ST HELENA ONE TIME PAYMENTS 800-457-1379
1572 RAILROAD AVE
SAINT HELENA, CA 94574
INVOICE STATEMENT Date Description Amount
Previous Balance $10995.00
Total Payments $0.00
Service Location MA CITY OF ST HELENA WST WTR PLNT
Acct #4060-6182573 1 CHAIX LN
2/3/2025 HAUL 10 YD - RO 1179700 (1.0000 @ $2000.00) $2000.00 2/3/2025 DISPOSAL FEE BY TON - RO 1179700 (7.5700 @ $0.00) $0.00 2/3/2025 BULKY ITEMCHARGE 1179700 (1.0000 @ $125.00) $125.00 2/6/2025 DISPOSAL FEE BYTON - RO 1182205 (6.5800 @ $0.00) $0.00 2/6/2025 BULKY ITEM CHARGE 1182205 (1.0000 @ $125.00) $125.00 2/6/2025 HAUL 10 YD - RO 1182205 (1.0000 @ $2000.00) $2000.00 2/13/2025 DISPOSAL FEE BY TON - RO 1184354 (7.4300 @ $0.00) $0.00 2/13/2025 BULKY ITEM CHARGE 1184354 (1.0000 @ $125.00) $125.00 2/13/2025 HAUL 10 YD - RO 1184354 (1.0000 @ $2000.00) $2000.00 2/20/2025 BULKY ITEMCHARGE 1186609 (1.0000 @ $125.00) $125.00 2/20/2025 DISPOSAL FEE BY TON - RO 1186609 (7.1000 @ $0.00) $0.00 2/20/2025 HAUL 10 YD - RO 1186609 (1.0000 @ $2000.00) $2000.00 4060-6182573 Charges and Fees $8500.00
Current Charges and Fees $8500.00
Total Due: $19495.00
:37 Please remit to the address below and return your remit stub with your payment UPPER VALLEY DISPOSAL SERVICE ACCOUNT NO. 4060-6182573
A Waste Connections Company INVOICE NO. 176668259U060
PO Box 382 STATEMENT DATE 3/1/2025
SAINT HELENA, CA, 94574-0382 DUE DATE On Receipt
PAY THIS AMOUNT $19495.00
WRITE ‘AMOUNT $ PAID
CITY OF ST HELENA MAILPAYMENTS TO:
1572 RAILROAD AVE UPPER VALLEY DISPOSAL SERVICE
SAINT HELENA, CA 94574 A Waste Connections Company
PO BOX 7428
PASADENA, CA, 91109-7428
IIDEA] EIEIEIEIEIEIIJEIEIIJDDEIDEIEIEIXELBEE?3? DDDDL‘ILI‘IEDDDDDDDDDDDDDl7Ebb325‘I '-I Agenda Item #10.3.
VIEW/PAY YOUR BILLONLINE! *Make Payments *Set up Autopay* *Access your account 24/7 *Go Paperless *View Statements* *It's FREE! There is no charge to view or pay your billon our website* Go to https://myaccount.wcicustomer.com and follow the online billpay prompts to enroll today or call 1-800-457-1379 to make a payment through our interactive voice service with no extra fee.
Agenda Item #10.3.
UPPER VALLEY DISPOSAL SERVICE ACCOUNT NO. 4060-6182573
A Waste Connections Company INVOICE NO. 176670675U060
PO Box 382 STATEMENT DATE 4/1/2025
SAINT HELENA, CA, 94574-0382 DUE DATE On Receipt
DISTRICT NO. 4060 BILLINGPERIOD 3/1/2025-3/31/2025
FOR ASSISTANCE CALL
CUSTOMER SERVICE 707-963-7988
‘3'“ OF ST HELENA ONE TIME PAYMENTS 800-457-1379
1572 RAILROAD AVE
SAINT HELENA, CA 94574
INVOICE STATEMENT Date Description Amount
Previous Balance $19495.00
Total Payments $0.00
Service Location MA CITY OF ST HELENA WST WTR PLNT
Acct #4060-6182573 1 CHAIX LN
3/3/2025 BULKY ITEM CHARGE 1189990 (1.0000 @ $125.00) $125.00 3/3/2025 HAUL 10 YD - RO 1189990 (1.0000 @ $2000.00) $2000.00 3/3/2025 DISPOSAL FEE BYTON - RO 1189990 (6.8900 @ $0.00) $0.00 3/20/2025 DISPOSAL FEE BYTON - RO 1197043 (6.1000 @ $0.00) $0.00 3/20/2025 BULKY ITEM CHARGE 1197043 (1.0000 @ $125.00) $125.00 3/20/2025 HAUL 10 YD - RO 1197043 (1.0000 @ $2000.00) $2000.00 3/27/2025 FINANCE CHARGE (1.0000 @ $164.93) $164.93
(3/27/2025 - 3/27/2025)
4060-6182573 Charges and Fees $4414.93
Current Charges and Fees $4414.93
Total Due: $23909.93
:3? Please remit to the address below and return your remit stub with your payment UPPER VALLEY DISPOSAL SERVICE ACCOUNT NO. 4060-6182573
A Waste Connections Company INVOICE NO. 176670675U060
PO Box 382 STATEMENT DATE 4/1/2025
SAINT HELENA, CA, 94574-0382 DUE DATE On Receipt
PAY THIS AMOUNT $23909.93
WRITE ‘AMOUNT $ PAID
CITY OF ST HELENA MAILPAYMENTS TO:
1572 RAILROAD AVE UPPER VALLEY DISPOSAL SERVICE
SAINT HELENA, CA 94574 A Waste Connections Company
PO BOX 7428
PASADENA, CA, 91109-7428
LIDEIUEIEIEIEIEIEIIJEIEIEIDEIEIDDEIEIXbl525?3?EIEIDDE3‘IEI‘I‘IBEIEIEIDEIEIEIDDDD117EI37D575I:
Agenda Item #10.3.
VIEW/PAY YOUR BILLONLINE! *Make Payments *Set up Autopay* *Access your account 24/7 *Go Paperless *View Statements* *It's FREE! There is no charge to view or pay your billon our website* Go to https://myaccount.wcicustomer.com and follow the online billpay prompts to enroll today or call 1-800-457-1379 to make a payment through our interactive voice service with no extra fee.
Agenda Item #10.3.
_-———_—r PAGE 1 UPPER VALLEYDISPOSALSERVICE A WASTE CONNECTIONSCOMPANY PO BOX 382 SAINT HELENACA 94574-0382 DISTRICT NO. 4060
CITYOF ST HELENA
1080 COLLEGE AVE
SAINT HELENACA 94574
ACCOUNT NO. INVOICE NO. STATEMENT DATE DUE DATE
Santa pay online BILLINGPERIOD
FOR ASSISTANCE Customer Service One Time Payments
4080-6182573 178755273U060
05/01/25 On Receipt
04/01/25 - 04/30/25
707-963-7988
800-457- 1379
INVOICESTATEMENT
Date Description Amount
Previous Balance $ 23,909.93
04/04/25 Comm Adjustment Finance Charge Reversing Finance Charge $ 464.93 Total Payments And Credits 3 464.93
Service Location Ma City Of St Helena Wst Wtr Pln
Acct #6182573 1 Chaix Ln
03/28/25 Bulky ItemCharge 1 Each @ $125.00 $ 125.00
1200149
03/28/25 Disposal Fee By Ton - Flo 6.63 @ $0.00 $ 0.00
1200149
03/28/25 Haul 10 Yd - Flo 1 Each @ $2000.00 :5 2,000.00 1200149
04/03/25 Bulky Item Charge 1 Each @ $125.00 $ 125.00
1202176
04/03/25 Disposal Fee By Ton - Flo 6.93 @ $0.00 $
1202176 ' :- 04/03/25 Haul 10 Yd - R0 1 Each @ $2000.00 $ 2,000.00 .- 2 1202176 04/17/25 Bulky Item Charge 1 Each @ $125.00 $ 125.00
1206308
04/17/25 Disposal Fee By Ton - Flo 7.35 @ $0.00 $ 0.00
1206308
04/17/25 Haul 10 Yd - R0 1 Each @ $2000.00 39 2,000.00
1206308
Please remit to the address below and return your remit stub with your payment.
UPPERVALLEYDISPOSAL SERVICE ACCOUNT N0. 40606182573 A WASTE CONNECTIONS COMPANY INVOICE N0. 176755273UOGO PO BOX 382 STATEMENT DATE 05/01/25 SAINT HELENACA 94574-0382 DUE DATE 0n Roe-int PAY THIS AMOUNT $32,534.95 MD 01 078269 62124H 207 ASNGLP wan: m I'IIIII||"III'I'II"I"“II'I'II-IIIIIII-III'II'I-I--I"I'""I| QHSUNT$
CITYOF ST HELENA
1080 COLLEGE AVE
SAINT HELENACA 94574 D
TO CHANGEADDRESS
0.00 .' é
Check here and complete the Information on the reverse Side. MAILPAYMENT TO: UPPER VALLEY DISPOSAL SERVICE A WASTE CONNECTIONSCOMPANY PO BOX 7428 PASADENACA 91109-7428
l-l|IlI:Il?I UDUUUDUDDDDDUDDDDXBLEES73?00003253HWSUDUOUUDDUDUL7E?SSE?3 3 078
269
1/1
Agenda Item #10.3.
UPPER VALLEYDISPOSAL SERVICE A WASTE CONNECTIONSCOMPANY ACCOUNT N0. PO BOX 382 INVOICE NO. SAINT HELENACA 94574-0382 STATEMENT DATE DUE DATE DISTRICTNO. 4060 BILLINGPERIOD
CITYOF ST HELENA
1080 COLLEGEAVE
SAINT HELENACA 94574
INVOICESTATEMENT (continued)
PAGE 2
4060-6182573 176755273U060 05/01/25 On Receipt 04/01/25 - 04/30/25 Date Description Amount
04/18/25 Bulky Item Charge 1 Each @ $125.00 $ 125.00
1207485
04/18/25 Disposal Fee By Ton - RO 7.09 @ $0.00 $ 0.00
1207485
04/18/25 Haul 10 Yd - R0 1 Each @ $2000.00 $ 2,000.00
1207485
Finance Charge $ 289.95
Current Charges And Fees $ 8,789.95
Total Due $ 32,534.95
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Agenda Item #10.3.
PAGE 1 UPPERVALLEYDISPOSALSERVICE
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Agenda Item #10.3.
Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: September 23, 2025
FROM: Eric Janzen, Assistant Public Works Director, Rebecca White, Administrative Assistant
SUBJECT: Consideration and proposed approval of a resolution approving the Final Map for 1446 Sulphur Springs Avenue and authorizing the City Clerk to record the Final Map.
RECOMMENDED
ACTION:
Approve the attached resolution.
PREVIOUS COUNCIL
ACTION:
None.
STATEMENT OF THE
PURPOSE:
Approve and Record the Final Map for 1446 Sulphur
Springs Avenue.
FINANCIAL IMPACT: None.
BACKGROUND:
On August 21, 2024, the Tentative Parcel Map was administratively approved for Jagodinka & Mitch Alimpic to subdivide an approximate 32,622 square foot (sf) parcel located at 1446 Sulphur Springs Avenue, APN 009-433-031, into two parcels. Lot 1 would be approximately 19,299 sf while Lot 2 would be approximately 13,323 sf. Each lot would retain one of the two existing single-family homes. The approval was conditioned upon the applicant completing all conditions of approval prior to recordation of the Final Map. Pursuant to St. Helena Municipal Code Section 16.20.080, the City Council is the approving authority for Final Maps.
DISCUSSION:
The subject parcel is located in the Medium Density Residential (MR) Zoning District.
The proposed subdivision is consistent with the land use designation and development standards established in the City's 2040 General Plan Update. Both proposed parcels have access to City water, while City sewer is anticipated to become available in the near future.
Although the St. Helena Municipal Code allows the Community Development Director to approve Urban Lot Splits ministerially, this application required additional review due to existing site conditions. Specifically, both existing homes are served by private septic systems and the system serving the westernmost residence (Lot 1) is located entirely on the proposed eastern parcel (Lot 2). This configuration raised a public health and safety concern under the Subdivision Map Act.
Agenda Item #10.4.
To address this issue, Public Works required a utility easement over Lot 2 in favor of Lot 1 to allow continued use and maintenance of the septic system. Because this remedy introduced a discretionary condition, the Lot Split could not be approved ministerially.
This requirement was formalized as Condition of Approval #15 on the Tentative Parcel Map and is reflected on the Final Map.
City staff has reviewed the Final Map and determined that it is in substantial conformance with the approved Tentative Parcel Map. The Final Map complies with all applicable provisions of the California Subdivision Map Act and the City of St. Helena Municipal Code. Furthermore, all conditions of approval associated with the Tentative Parcel Map have been satisfied.
ENVIRONMENTAL REVIEW:
The proposed Final Map is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15332, In-Fill Development Projects. The project is consistent with the General Plan and zoning regulations, is located within city limits on a site less than five acres, is surrounded by urban development, has no value as habitat for endangered or threatened species, and would not result in any significant effects related to traffic, noise, air quality, or water quality. Adequate public services and utilities are available to serve the project.
GOAL:
Miscellaneous/Other
DOCUMENTS ATTACHMENTS:
Resolution
Exhibit A
Agenda Item #10.4.
CITY OF ST. HELENA
RESOLUTION NO. 2025-__
Resolution Authorizing the Approval of the Final Map for 1446 Sulphur Springs Avenue and Authorizing the City Clerk to Record the Final Map.
RECITALS
A. On August 21, 2024, the Tentative Parcel Map for 1446 Sulphur Springs Avenue was approved; and
B. Jagodinka and Mitch Alimpic submitted to the City for approval a Final Map, attached hereto as Exhibit A, for the Tentative Parcel Map; and C. City staff has reviewed the proposed Final Map and finds it to be technically correct and that all applicable Final Map conditions of approval have been satisfied.
RESOLUTION
NOW, THEREFORE, the City Council of the City of St. Helena resolves as follows:
1. Finds that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332, which exempts projects characterized as in-fill development when the project is consistent with the general plan and zoning; occurs within city limits on less than five acres; has no valuable habitat; won’t cause any significant environmental effects; and can be served by existing public services.
2. The location and configuration of the lots to be created by the Final Map substantially comply with the previously approved Tentative Parcel Map.
3. The Final Map located at 1446 Sulphur Springs Avenue, a copy of which is hereby attached as Exhibit A and made part of this Resolution, is hereby approved.
4. Directs the City Clerk to transmit the Final Map to the County Records of the County of Napa for recording.
Approved at a Regular Meeting of the St. Helena City Council on September 23, 2025, by the following vote:
Mayor Dohring:
Vice Mayor Deasy:
Agenda Item #10.4.
Council Member Barak:
Council Member Spadarotto:
Council Member Summers:
APPROVED: ATTEST:
________________________ ________________________
Paul Jamison Dohring, Mayor Erika Opp, Acting City Clerk Agenda Item #10.4.
Agenda Item #10.4.
Agenda Item #10.4.
Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Planning
DATE: September 23, 2025
FROM: Maya DeRosa, Community Development Director
SUBJECT: Adopt a Resolution authorizing the approval of a Professional Services Agreement with Arise Solutions LLC for Planning Services in a not to exceed contract amount of $25,000.
RECOMMENDED
ACTION:
Staff recommends City Council approve the attached
resolution.
PREVIOUS COUNCIL
ACTION:
n/a
STATEMENT OF THE
PURPOSE:
To provide planning support to the City with Local Agency Formation Commission (LAFCo) related research and
consultation.
FINANCIAL IMPACT: The financial impact of this action is $25,000, which will be covered by previously budgeted General Fund
appropriations in GL Account 101-42-00-21-45.
BACKGROUND:
The City of St. Helena is currently undergoing a Municipal Services Review (MSR) by the Napa County Local Agency Formation Commissions (LAFCo). The city council has directed staff to explore expansion opportunities and develop “spheres of influence” and other necessary constructs to create the possibility of future annexation(s) should an opportunity presents itself. The process of pursuing annexation requires specialized expertise and knowledge and can be time consuming. Due to lack of internal expertise and limited internal staff resources to assist with endeavor, the involvement of a planning consultant with suitable experience is warranted.
DISCUSSION:
In order to be responsive to the City Council goals of exploring possible annexations and developing mechanisms to facilitate future annexations, the onboarding of outside expertise is critical. Arise has over 20 years’ experience involving municipal planning and complex land use processes such as annexations.
The proposed scope of work includes:
Annexation Analysis and Strategy
Evaluate potential annexation areas, including fiscal, land use, infrastructure, and community service implications.
Agenda Item #10.5.
Coordinate with the County, LAFCO, and regional stakeholders to ensure compliance with statutory requirements.
Advise strategic annexation frameworks that balance community growth, fiscal sustainability, and long-term land use goals.
ENVIRONMENTAL REVIEW: n/a
GOAL:
Goal 1: Strengthen Financial Sustainability
Miscellaneous/Other
DOCUMENTS ATTACHMENTS:
Resolution PSA Arise
PSA Arise 9-23-2025 combined
Agenda Item #10.5.
CITY OF ST. HELENA
RESOLUTION NO 2025-
AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH ARISE SOLUTIONS LLC FOR PLANNING AND ANNEXATION SUPPORT SERVICES FOR $25,000.
RECITALS
A. The City will start discussions with the County and LAFCO in fall of 2025 to explore potential annexations; and
B. The City desires to have Arise Solutions LLC assist with this process as they have experience and expertise in this specialized field of planning ; and C. The City of St. Helena and Arise Solutions LLC now desire to enter into an Agreement for $25,000 for support with annexation consulting.
RESOLUTION
NOW, THEREFORE, the City Council of the City of St. Helena resolves as follows:
1. The City Council hereby authorizes the City Manager to execute a Professional Services Agreement with Arise Solutions LLC for a total contract amount not-to-exceed $25,000.
2. Funding is as follows:
Funding Details Fund GL Account Amount
Funding Previously
Authorized in the FY
2025-26 Operating
Budget
General Fund 101-42-00-21-45 $25,000
TOTAL $25,000
Approved at a Regular Meeting of the St. Helena City Council on September 23, 2025, by the following vote:
Mayor Dohring: __________
Vice Mayor Deasy: __________
Council Member Barak: __________
Council Member Spadarotto: __________
Council Member Summers: __________
Agenda Item #10.5.
APPROVED: ATTEST:
__________________________ __________________________
Paul Jamison Dohring, Mayor Erika Opp, Acting City Clerk Agenda Item #10.5.
[Arise 9-23-2025 ]
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on September 23, 2025 by and between the City of St. Helena, located in the County of Napa, State of California (City), and Arise Solutions LLC(Consultant).
RECITALS:
A. City desires to employ Consultant to furnish professional services in connection with the project described as on call planning and annexation consulting services.
B. Consultant has represented that Consultant has the necessary expertise, experience, and qualifications to perform the required duties.
NOW, THEREFORE, in consideration of the mutual premises, covenants, and conditions herein contained, the parties agree as follows:
SECTION 1 – BASIC SERVICES
Consultant agrees to perform the services set forth in Exhibit A, “Scope of Services” and made part of this Agreement.
SECTION 2 – ADDITIONAL SERVICES
Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement that are in addition to or outside of those set forth in this Agreement or Exhibit A, “Scope of Services” (the “Services”), unless such additional Services and compensation are authorized in advance and in writing by the City Council or City Manager of the City.
SECTION 3 – TIME FOR COMPLETION
The time for completion of Services shall be as identified in Exhibit A, “Scope of Services”. The parties expressly agree that time is of the essence in the performance of this Agreement.
SECTION 4 – COMPENSATION AND METHOD OF PAYMENT
A. Subject to any limitations set forth in this Agreement, City agrees to pay consultant the amount specified in Exhibit A, “Compensation” attached hereto and made a part hereof. Total compensation shall not exceed $25,000 unless additional compensation is approved in accordance with Section 2.
B. Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories if applicable: labor (by sub-category), travel, materials, equipment, supplies, subconsultant contracts, and miscellaneous expenses. Each original invoice furnished shall include the expenses incurred during the preceding month, the cumulative Agreement amount, and the Agenda Item #10.5.
[Arise 9-23-2025 ]
amount remaining on the Agreement. City shall independently review each invoice submitted to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. If no charges or expenses are disputed, the invoice shall be approved, and City will use its best efforts to cause Consultant to be paid within 30 days of receipt of invoice.
If the City disputes any charges or expenses, the City will return the original invoice to Consultant for correction and resubmission. If the City reasonably determines, in its sole judgment, that the invoiced charges and expenses exceed the value of the Services performed to date and that it is probable that the Agreement will not be completed satisfactorily within the contract price, City may retain all or a portion of the invoiced charges and expenses. Within thirty (30) days of satisfactory completion of the project, City shall pay the retained amount, if any, to Consultant.
C. Payment to the Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
SECTION 5 – STANDARD OF PERFORMANCE
A. Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services described herein. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons in the same or similar geographical area engaged in providing Services similar to those required of Consultant under this Agreement.
B. In order to induce City to enter into this Agreement, Consultant represents that it is duly organized, existing and in good standing under applicable state law; Consultant is licensed to perform all aspects of the Services; Consultant will employ only persons and Subconsultants with all required licenses and certifications; that Consultant is duly qualified to conduct business in the State; that Consultant has duly authorized the execution, delivery and performance of this Agreement and the Services to be performed herein; and that the Agreement does not violate or create a default under any instrument, agreement, order or decree binding on Consultant.
SECTION 6 – INSPECTION AND FINAL ACCEPTANCE
City may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant’s work within sixty (60) days after submitted to City, unless the parties mutually agree to extend such deadline. City shall reject work by a timely written explanation, otherwise Consultant’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects and fraud. Acceptance of any of Consultant’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, the sections pertaining to indemnification and insurance.
SECTION 7 – INSURANCE REQUIRED
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with Agenda Item #10.5.
[Arise 9-23-2025 ]
the performance of the work hereunder by the Consultant, its agents, representatives, or employees, as indicated:
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.
B. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations, as applicable. If Commercial General Liability Insurance or other form with a General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer’s Liability: $1,000,000 per accident for bodily injury or disease.
C. Professional Liability Insurance. When Consultant under this Agreement is duly licensed under California Business and Professions Code as an architect, landscape architect, environmental engineer or other professional engineer, or land surveyor (“design professional”), Consultant shall maintain at least $2,000,000 of professional liability insurance. When Consultant is not a design professional, Consultant shall maintain at least $1,000,000 of professional liability insurance combined single limit for each occurrence, insuring against professional errors and omissions in the Services performed by Consultant under this Agreement, including, without limitation, claims for negligence, misrepresentation, violation of good faith and fair dealing, and inaccurate advise arising out of, resulting from, or in connection with Services performed by Consultant under this Agreement.
D. Excess Limits. If Consultant maintains higher limits than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
E. Primary Coverage. For any claims related to this contract the Consultants insurance coverage shall be primary insurance as respects to City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of Consultants insurance and shall not contribute with it.
F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions of $25,000 or greater must be declared to and approved by the City.
G. Other Insurance Provisions. The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
Agenda Item #10.5.
[Arise 9-23-2025 ]
1. The City, its agent, officers, officials, employees, and volunteers are to be covered as additional insured as respects: liability arising out of work or operations performed by the Consultant or Consultant’s subconsultants; or automobile owned, leased, hired or borrowed by the Consultant.
2. For any claims related to Consultant’s conduct while performing the work of this project, the Consultant’s insurance coverage shall be primary insurance as respects the City, its agents, officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its agents, officers, officials, employees or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.
4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subsection (b) of Section 2782 of the Civil Code.
H. Waiver of Subrogation. Consultant’s commercial general liability, automobile liability, workers’ compensation, and employer’s liability policies shall be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its agents, officers, officials, employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City.
I. The Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the City.
J. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on forms that conform to City requirements. All certificates and endorsements are to be received and approved by the City before work commences.
The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.
SECTION 8 – INDEMNIFICATION
A. To the fullest extent allowed by law (including without limitation California Civil Code Sections 2782 and 2782.8), as may be applicable, Consultant shall indemnify, defend, and hold harmless City, its agents, officers, officials, employees, representatives, and volunteers from any and all claims, demands, suits, loss, damages, injury, and/or liability (including any and all costs and expenses in connection therewith, including legal fees and expert witness costs) (collectively, “Liabilities”), incurred by reason of any negligent or otherwise wrongful act or omission of Consultant, its officers, agents, employees, subconsultants, and subcontractors, or any of them, under or in connection with this Agreement; and Consultant agrees at its own cost, expense and risk to defend any and all claims, actions, suits, or other legal proceedings brought or instituted against City, its agents, officers, officials, employees and volunteers, or any of them, arising out of, pertaining to, or relating to such negligent or otherwise wrongful act or omission, and to pay and satisfy any resulting judgments.
Agenda Item #10.5.
[Arise 9-23-2025 ]
B. When Consultant under this Agreement is duly licensed under California Business and Professions Code as an architect, landscape architect, professional engineer, or land surveyor (i.e., a “design professional,” pursuant to Civil Code § 2782.8(c)), the provisions of this section regarding Consultant’s duty to defend and indemnify apply only to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant.
C. If any action or proceeding is brought against Indemnitees by reason of any of the matters against which Consultant has agreed to indemnify Indemnitees as provided above, Consultant, upon notice from City, shall defend Indemnitees at Consultant’s expense by counsel acceptable to City, such acceptance not to be unreasonably withheld. Indemnitees need not have first paid for any of the matters to which Indemnitees are entitled to Indemnification in order to be so indemnified. The insurance required to be maintained by Consultant shall ensure Consultant’s obligations under this section, but the limits of such insurance shall not limit the liability of Consultant hereunder. The provisions of this section shall survive the expiration or earlier termination of this Agreement.
D. The provisions of this section do not apply to claims to the extent occurring as a result of the City’s sole negligence, active negligence, or willful acts or misconduct.
E. Duty to Cooperate. Each party shall notify the other party immediately in writing of any claim or damage related to activities or Services performed under this Agreement. The parties shall cooperate with each other in the investigation and disposition of all Liabilities arising out of the activities or Services under this Agreement.
F. In the event that Consultant executes any subconsulting agreements in connection with the Services performed under this Agreement, Consultant shall place in all such subconsulting agreements, and cause its subconsultants to agree to, the indemnity and insurance obligations in favor of City and other Indemnitees, as provided herein, in the exact form and substance of those contained in this Agreement.
SECTION 9 – INDEPENDENT CONTRACTOR STATUS
A. Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant shall have no authority to bind City in any manner or to incur an obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.
B. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant’s officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees or agents are in any manner officials, officers, employees or agents of City.
Agenda Item #10.5.
[Arise 9-23-2025 ]
C. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
SECTION 10 – CONFLICTS OF INTEREST AND ANTI-FRAUD AND ANTICORRUPTION POLICIES A. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of Services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts with the interests of City in the performance of this Agreement.
B. City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related Services for other governmental agencies and private parties. Consultant is aware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section.
C. Consultant understands and acknowledges City maintains an anti-fraud and anticorruption policy to protect the City, its operations, and its employees from and against financial risks, operational breaches, and unethical, fraudulent and corrupt activities. Consultant represents and warrants that Consultant, its subcontractor(s) / subconsultant(s) and their respective employees providing Services pursuant to the Agreement are (1) in good standing; (2) have not been previously investigated, convicted, or debarred for fraudulent or corrupt activities; (3) will not participate in fraudulent or corrupt activities, and (4) will take steps to ensure that its employees and subcontractor(s) / subconsultant(s) employees do not participate in any fraudulent or corrupt activities. Consultant acknowledges and agrees further that it has a duty to and will report to City any information or incident(s) about possible fraudulent or corrupt activities Consultant may discover, and will cooperate in any fraud or corruption investigation conducted, with respect to Consultant’s service provided pursuant to this Agreement.
SECTION 11 – OWNERSHIP OF DOCUMENTS
A. All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the course of providing any Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. When requested by City, but no later than three years after project completion, Consultant shall deliver to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.
B. All copyrights, patents, trade secrets, or other intellectual property rights associated with any ideas, concepts, techniques, inventions, processes, improvements, developments, works of authorship, or other products developed or created by Consultant during the course of providing Services (collectively the “Work Product”) shall belong exclusively to City. The Work Product Agenda Item #10.5.
[Arise 9-23-2025 ]
shall be considered a “work made for hire” within the meaning of Title 17 of the United States Code. Without reservation, limitation, or condition, Consultant hereby assigns, at the time of creation of the Work Products, without any requirement of further consideration, exclusively and perpetually, any and all right, title, and interest Consultant may have in the Work Product throughout the world, including without limitation any copyrights, patents, trade secrets, or other intellectual property rights, all rights of reproduction, all rights to create derivative works, and the right to secure registrations, renewals, reissues, and extensions thereof.
SECTION 12 – CONFIDENTIAL INFORMATION; RELEASE OF
INFORMATION
A. All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
B. Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement.
Response to a subpoena or court order shall not be considered “voluntary” provided consultant gives City notice of such court order or subpoena.
C. If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Consultant’s conduct.
D. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant.
However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite such response.
SECTION 13 – SUSPENSION OF WORK
City may, at any time, by ten (10) days written notice suspend further performance by Consultant. All suspensions shall extend the time schedule for performance in a mutually satisfactory manner and Consultant shall be paid for Services performed and reimbursable expenses incurred prior to the suspension date.
Agenda Item #10.5.
[Arise 9-23-2025 ]
SECTION 14 – COMPLIANCE WITH LAW
Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Consultant shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.
SECTION 15 – COMPLIANCE WITH CIVIL RIGHTS
During the performance of this contract, Consultant agrees as follows:
A. Equal Employment Opportunity. In connection with the execution of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, ancestry, age, sexual orientation, gender, gender identity and gender expression as protected categories specifically and expressively in that category, physical handicap, medical condition, marital status, sex, or national origin. Such actions shall include, but not be limited to, the following: employment, promotion, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training including apprenticeship.
B. Nondiscrimination Civil Rights Act of l964. Consultant will comply with all federal regulations relative to nondiscrimination to federally-assisted programs.
C. Solicitations for Subcontractors including Procurement of Materials and Equipment.
In all solicitations, either by competitive bidding or negotiations, made by Consultant for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor, supplier, or lessor shall be notified by Consultant of Consultant’s obligations under this Agreement and the regulations relative to nondiscrimination.
SECTION 16 – COMPLIANCE WITH CALIFORNIA LABOR CODE
REQUIREMENTS
A. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records Agenda Item #10.5.
[Arise 9-23-2025 ]
directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
B. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
C. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.
SECTION 17 – AUDIT AND INSPECTION OF RECORDS
A. Records of Consultant’s direct labor costs, payroll costs, and reimbursable expenses pertaining to this project covered by this Agreement will be kept on a generally recognized accounting basis and made available to City if and when required for a period of up to 3 years from the date of Consultant’s final invoice.
B. Consultant shall maintain all documents and records prepared by or furnished to Consultant during the course of performing the Services for at least three (3) years following completion of the Services. Such records include, but are not limited to, correspondence, internal memoranda, technical reports and investigations, calculations, books and accounts, accounting records documenting its work under its Agreement, and invoices, payrolls, records and all other data related to matters covered by this Agreement.
C. Consultant shall permit City to audit, examine and make copies, excerpts and transcripts from such records, and the Consultant shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any matter whatsoever for three (3) years after City makes the final or last payment or within three (3) years after any pending issues between City and Consultant with respect to this Agreement are closed, whichever is later.
SECTION 18 – LIMITATION OF LIABILITY
A. Consultant agrees that any liability of City arising in connection with this Agreement shall be limited exclusively to the City-entity identified as the “City” under this Contract. Under Agenda Item #10.5.
[Arise 9-23-2025 ]
no circumstance shall any other City-entity be liable to Consultant under any theory, whether in contract, tort, or otherwise, and Consultant waives unconditionally any such claims. Consultant hereby waives and release other City-entites from any liability under this Agreement.
B. Notwithstanding any other provision of this Agreement, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement or the Services performed hereunder.
SECTION 19 – COOPERATION BY CITY
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the work as outlined in the Exhibit A, “Scope of Services”, shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement.
SECTION 20 – NOTICES
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by facsimile or first class mail, addressed as follows:
To City: City Manager
1088 College Avenue
St. Helena, California 94574
To Consultant: Arise Solutions LLC
1260 Van Dyck Dr.,
Sunnyvale, CA 94087
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile, or, if mailed, three (3) days after deposit in the custody of the U.S. Postal Service.
SECTION 21 – TERMINATION
A. City may terminate this Agreement, with or without cause, at any time by giving ten (10) days written notice of termination to Consultant. If such notice is given, Consultant shall cease immediately all work in progress.
B. If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice.
C. Upon termination of this Agreement by either Consultant or City, all property belonging to City which is in Consultant’s possession shall be delivered to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in this Agreement.
Agenda Item #10.5.
[Arise 9-23-2025 ]
SECTION 22 – ATTORNEYS’ FEES
If litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable attorneys’ fees, costs and expenses, in addition to any other relief to which it may be entitled. In addition, any legal fees, costs and expenses incurred to enforce the provisions of this Agreement shall be reimbursed to the prevailing party.
SECTION 23 – ENTIRE AGREEMENT
This Agreement, including the attached Exhibits, is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding unless in writing duly executed by the parties or their authorized representatives.
SECTION 24 – SUCCESSORS AND ASSIGNS
This Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the parties. However, this Agreement shall not be assigned by Consultant without written consent of the City.
SECTION 25 – CONTINUITY OF PERSONNEL
Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff assigned to perform the Services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff assigned to perform the Services required under this Agreement, prior to any such performance.
SECTION 26 – DEFAULT
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default and may terminate this Agreement immediately by written notice to Consultant.
SECTION 27 – WAIVER
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or Services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 28 – LAW TO GOVERN; VENUE
Agenda Item #10.5.
[Arise 9-23-2025 ]
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Napa. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Northern District of California, in San Francisco.
SECTION 29 – SEVERABILITY
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
SECTION 30 – THIRD PARTY BENEFICIARIES
Consultant’s subconsultants shall agree to be bound to the terms of the Agreement to the extent of their scope of Services, including but not limited to, terms regarding indemnity and dispute resolution, and shall agree that City is deemed an express third party beneficiary of their subconsultant agreements. Nothing contained in this Agreement, however, shall operate to confer such or similar rights or benefits on persons or entities not party to this Agreement.
SECTION 31 – STATUTES OF LIMITATION
As between the parties to this Agreement, any applicable statute of limitations for action arising out of, pertaining to, or relating to any act or failure to act in connection with this Agreement shall commence to run on the date of City’s issuance of the final Certificate for Payment, or termination of this Agreement, whichever is earlier, except for latent defects and/or deficiencies, for which the applicable statute of limitation shall begin to run upon discovery of the defect and/or deficiency and its cause.
SECTION 32 – SPECIAL PROVISIONS
This Agreement is subject to the following special provisions: none.
IN WITNESS WHEREOF, the parties hereto have accepted, made, and executed this Agreement upon the terms, conditions, and provisions above stated, the day and year first above written.
Consultant: City:
By: ________________________________ By: ________________________ Name: Pamela T. Wu Name: Anil Comelo
Title: Principal Title: City Manager
Approved as to Form:
By: _________________________________
Name: Ethan Walsh
Title: City Attorney
Agenda Item #10.5.
DRAFT
I. Introduction
The City of St. Helena is evaluating opportunities to strategically guide growth, strengthen land use planning, and consider annexation opportunities that align with its General Plan and community vision. Arise Solutions Principal Consultant, Pamela Wu, AICP, offers over 20 years of municipal leadership and planning expertise, including annexation negotiations, zoning and general plan implementation, and intergovernmental coordination with counties, LAFCO, and regional agencies. This scope of work outlines proposed consulting services to support the City in advancing annexation and/or associated land use initiatives.
II. Scope of Services
1. Annexation Analysis and Strategy
● Evaluate potential annexation areas, including fiscal, land use, infrastructure, and community service implications.
● Coordinate with the County, LAFCO, and regional stakeholders to ensure compliance with statutory requirements.
● Advise strategic annexation frameworks that balance community growth, fiscal sustainability, and long-term land use goals.
2. General Plan, Zoning, and Land Use Consistency
● Review City of St. Helena’s General Plan, Zoning Ordinances, and all applicable policies to identify amendments necessary to support annexation and future growth. ● Advise applicable zoning and land use policy recommendations to ensure compliance and enable desired community development outcomes.
● Ensure policies align with applicable legislations, mandates, and regional transportation/land use frameworks.
3. Community Engagement and Stakeholder Collaboration
● Facilitate workshops, if necessary, with City Council, Planning Commission, and community stakeholders to build consensus on annexation and land use efforts. ● Advise applicable communication methods (e.f. In-person workshop, townhalls, social media posts, etc.) to advance clarity regarding any annexation process involved. ● Advise the City Council and staff in leading structured outreach to ensure transparency and alignment with community values.
EXHIBIT A
Agenda Item #10.5.
DRAFT
4. Intergovernmental and Agency Coordination
● Serve as the designee for the City Manager in collaborating with external stakeholders to ensure seamless interagency collaboration.
● Navigate and advise state and federal agency requirements for land use, environmental review, and associated development approvals.
5. On-Call Technical Assistance
● One-on-one and/or group technical assistance to city staff on an as-needed basis.
III. Consultant Qualifications (see attached resume)
Pamela T. Wu, AICP, is a seasoned municipal executive and planner with demonstrated success in:
● Leading annexation planning efforts (Lehigh Quarry future uses in City of Cupertino; Gilroy Sports Park / Sharks practice facility project in City of Gilroy). ● Coordinating across agencies, such as LAFCO, counties, regional authorities, and associated stakeholders.
● Aligning General Plan and Housing Element policies with state mandates. ● Engaging communities through transparent, inclusive, and results-driven processes. ● Negotiating high-value developer agreements to secure community benefits and sustainable revenues.
IV. Rate Schedule
Principal Advisor / Project Manager $250.00 / Hour*
*Reimbursable direct costs, including mileage and per diem, will be billed in accordance with City policies and IRS-published rates, plus a ten percent (10%) administrative fee.
*Services will be provided primarily via email, conference call, and video conferencing. Should on-site meetings be requested, associated costs will be billed at standard rates.
*On-call services do not include preparation of staff reports or attendance at public hearings. If such services are requested, additional time and costs will be invoiced to the City. *Invoices will be submitted to the City on a monthly basis for services rendered. Payment is due within thirty (30) days of the invoice date. Past-due balances are subject to a late fee of 1.5% per month. The City must notify Arise of any disputed charges within five (5) business days of receipt; otherwise, the invoice will be deemed accurate and accepted.
Agenda Item #10.5.
DRAFT
PAMELA T. WU, AICP
City Manager | Urban Planning Leader | Public Sector Strategist [email protected] / www.linkedin.com/in/pamela-wu-4a409b9a
SUMMARY
Accomplished municipal executive and AICP-certified planner with over 20 years of expertise in community development, land use, zoning, and general plan implementation.
Adept at leading large-scale planning initiatives, guiding general plan and housing element updates, and advancing annexation and redevelopment projects that balance growth with community needs. Recognized for negotiating complex development agreements, modernizing zoning ordinances, and aligning land use policies with fiscal sustainability, housing mandates, and long-term city visions. Proven track record in interagency collaboration, engaging diverse stakeholders, and delivering community-focused planning outcomes that strengthen economic vitality and quality of life.
CORE COMPETENCIES
● Community Development & Land Use Planning
● Zoning & General Plan Implementation
● Economic Development & Revenue Generation
● Public-Private Partnerships & Developer Agreements
● Fiscal Management & Capital Improvement Financing
● Interagency & Business Community Collaboration
● Municipal Operations & Policy Leadership
PROFESSIONAL EXPERIENCE
Local Government Practitioner
Arise Solution, Sunnyvale, CA June 2025 – Present
● Providing expert guidance on land use, zoning, and annexation strategies, including feasibility analysis, general plan review consistency and compliance, and community development initiatives.
● Advising cities on organizational management, fiscal sustainability, and intergovernmental coordination, drawing on two decades of executive municipal leadership. ● Supporting emerging professionals and interim leaders through mentorship, executive coaching, and capacity-building to strengthen the next generation of local government leaders.
Agenda Item #10.5.
DRAFT
City Manager
City of Cupertino, CA Aug 2022 – June 2025
● Lead and oversee all city operations, aligning departmental functions with City Council directives and community needs.
● Develop and manage the city's capital improvement plans and annual budgets, ensuring fiscal responsibility and transparency.
● Led strategic future growth planning in collaboration with City Council, the Cupertino community, Santa Clara County, and LAFCO to advance potential annexation efforts for the Lehigh Quarry properties.
● Represent in regional collaborations, intergovernmental meetings, and public forums. ● Achieved State Housing Element certification, aligning local housing policies with state mandates and securing eligibility for critical funding. ● Negotiated a comprehensive agreement on Vallco impact fees, facilitating the advancement of The Rise project and securing $43 million in developer contributions for community benefits.
Community and Economic Development Director
City of San Bruno, CA Jan 2021 – Aug 2022
● Led the City’s economic development strategy, successfully securing revenue-generating agreements with tech giants including Google/YouTube and Amazon. ● Coordinated with regional agencies such as MTC, FAA, SFO to secure approvals that allowed housing development at the Tanforan shopping center site, overcoming regional airport land use constraints.
● Oversaw major commercial development, mixed-use, and housing projects that expanded the local tax base and revitalized key economic districts. ● Collaborated with the Chamber of Commerce to launch small business support initiatives and promote downtown vibrancy.
● Advanced City Council priorities by streamlining planning entitlements and enabling revenue-generating development.
Planning and Housing Manager
City of San Bruno, CA July 2019 – Dec 2020
● Championed policies that encouraged redevelopment of underutilized parcels and densification around transit, aligning planning with economic growth goals. ● Developed and updated zoning ordinances to enable new revenue streams, including introducing regulations for short-term rentals, wireless facilities, and others that expanded the city’s taxable uses and fee collections.
● Instrumental in maximizing the City’s affordable housing fee negotiations for the Tanforan Redevelopment.
Agenda Item #10.5.
DRAFT
Senior Planner
City of Gilroy, CA Feb 2018 – June 2019
● Facilitated large-scale planning projects, high-density housing and mixed-use developments, the Gilroy Sports Park expansion, and the High-Speed Rail realignment. ● Advanced annexation planning and entitlement support for the Gilroy Sports Park expansion, increasing recreational and economic opportunities. ● Supported downtown revitalization efforts that enabled new business opportunities in ● Gilroy’s key commercial areas.
● Led zoning ordinance amendments to promote business opportunities in key districts.
Planner I – III (Senior Planner Equivalent)
County of Santa Clara, CA 2001 – 2018
● Led strategic planning efforts and supported code enforcement. ● Served as Secretary to key planning committees and as Deputy Zoning Administrator.
Analyzed complex projects in coordination with County Counsel.
Urban Planning & Design Roles
Various Firms in San Jose, CA 1998 – 2001
EDUCATION
Bachelor of Arts in Architecture
University of California, Berkeley 1993 – 1997
VOLUNTEER AND BOARD ENGAGEMENT
● Santa Clara County City Manager Association Vice President Feb 2023 - Dec 2024 ● Santa Clara County City Manager Association President Jan2025 - June 2025 ● Hsinchu, Taiwan Sister-County Commission, Santa Clara County Feb 2025 - Present Appointed by Santa Clara County Board President, Otto Lee ● River of Life Christian Church, Santa Clara 2008 - Present Children Ministry and Young Adult counselor volunteer
Agenda Item #10.5.
Agenda Report to the City Council
Agenda Section: PUBLIC HEARINGS
Department: Finance
DATE: September 23, 2025
FROM: Martin Beltran, Finance Manager
SUBJECT: Closeout of State Community Development Block Grant (CDBG) agreements.
RECOMMENDED
ACTION:
Receive a report summarizing the accomplishments
performed under the State Community Development Block
Grant Agreements 20-CDBG-CV1-00103, 20-CDBG-CV2-
3-00294, and 21-CDBG-ED-10004; conduct a public
hearing to solicit public input regarding expenditures and accomplishments of the funding received under these
contracts; and direct staff to proceed with submitting
required documents for closeout.
PREVIOUS COUNCIL
ACTION:
May 26, 2020 - Resolution approval application for funding and the execution of a grant agreement and any
amendments thereto from the 2019-2020 funding year of
the CDBG Program.
September 8, 2020 - City Council approved a resolution to submit a grant application to CDBG for requesting funding to assist with childcare services.
October 13, 2020 - Subrecipient agreement with
Community Resources for Children.
February 23, 2021 - Community Development Block Grant
(CDBG) Program- Coronavirus Response Round 2 and 3.
June 22, 2021 - CDBG Business Lending, Over-theCounter Grant Application Assistance, and Related Consulting Services with Community Development
Services (CDS).
November 22, 2022 - Amendment to the CDBG
Coronavirus Response Round 2 and 3 (CDBG-CV2 and
CV3) Standard Agreement.
STATEMENT OF THE
PURPOSE:
Hold a public hearing to solicit input on expenditures and accomplishments related to CDBG funding to support the
submission of required documentation to HCD.
FINANCIAL IMPACT: There is no fiscal impact for the closeout of the grant Agenda Item #11.1.
programs.
BACKGROUND:
The California Department of Housing and Community Development (HCD) receives funding from the United States Department of Housing and Urban Development (HUD) for the Community Development Block Grant (CDBG) program and allocates funds to CDBG eligible non-entitlement jurisdictions.
2019-2020 Notice of Funding Availability (NOFA)
On May 26, 2020, the City Council approved Resolution No. 2020-51, authorizing the submission of an application to the California Department of Housing and Community Development (HCD) for an Economic Development - Business Assistance allocation under the Community Development Block Grant (CDBG) Program and the associated costs to execute the loan and document CDBG compliance.
The City submitted an application in the amount not to exceed $750,000 to provide short-term working capital assistance to local businesses for the retention of jobs.
CDBG-CV1
On March 27, 2020, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) to support preparation for and response to the community impacts of the COVID-19 pandemic. The state of California received approximately $90 million in CARES Act funds that were distributed in multiple rounds by the California Department of Housing and Community Development (HCD) Community Development Block Grant (CDBG) Program.
The City was eligible to receive $74,484 based on a formula provided by HCD for round 1 of CV funds.
CDBG-CV2 and 3
On December 18, 2020, the California Department of Housing and Community Development (HCD) announced the availability of approximately $77.1 million in federal funds for the Community Development Block Grant Coronavirus Response Round 2 and 3 (CDBG-CV2 and CV3) funding for local assistance. Funding for this Notice of Funding Availability (NOFA) is made available pursuant to the Coronavirus Aid, Relief, and Economic Security (CARES) Act signed into law March 27, 2020. This amount includes $5.9 million of unclaimed funds from tranche one (CV1), plus $54.4 million of new funds from tranche two (CV2) and $16.8 million from tranche three (CV3).
Eligible cities and counties were allowed to submit applications for CDBG-CV2 and CV3 funds under the NOFA. An allocation of $271,053 was made available to the City of St.
Helena through an over-the-counter application process.
On February 23, 2021, City Council authorized staff to submit an application under the CDBG-CV NOFA Rounds 2 and 3 in the amount of $200,000 for utility assistance and Agenda Item #11.1.
request an amendment to the CDBG-CV1 Standard Agreement to include an additional $71,053 toward the childcare scholarship program.
On November 22, 2022, City Council approved an Amendment to the CDBG-CV2 and CV3 Standard Agreement to re-allocate CDBG-CV funding from the Child Care Scholarship Program to St. Helena Utility Assistance Program.
Grant Closeout
In order to officially close out a contract, the City is required to first conduct a public hearing to solicit input regarding expenditures and accomplishments of the funding received under the contract and then submit required documents to HCD. Three of the City’s contracts with HCD are ready to close out.
DISCUSSION:
The following outlines the accomplishments achieved under the State Community Development Block Grant (CDBG) Agreements:
2019-2020 NOFA - Economic Development
On September 19, 2022, the City received notification of a $500,000 award (21-CDBGED-10004) under the 2021 CDBG Economic Development program, which included funding for general administration and activity delivery. Of the total amount, $490,000 was expended. The remaining $10,000 was not utilized and will be disencumbered and returned to the California Department of Housing and Community Development (HCD).
During the grant cycle, the City provided four business loans. As a result of this funding, 31 full-time jobs were created, and 3 full-time positions were retained. Additionally, the loans supported the creation of 621 weekly part-time work hours and the retention of 96 weekly part-time hours.
CDBG-CV1
In May 2021, the City was awarded $74,484 in CDBG-CV1 funding (20-CDBG-CV1- 00103) for the St. Helena Childcare Scholarship Program.
The City partnered with Community Resources for Children (CRC) to administer and assist with the development of a childcare scholarship program. The program provided income-qualified families with scholarships to assist with childcare expenses allowing them to return to work as well as assist with the decreased enrollment that is greatly impacting childcare providers.
The full grant amount of $74,484 was successfully expended, providing childcare scholarships to ten children from eight households.
CDBG-CV2 and CV3
On November 12, 2021, the City received notification of award (20-CDBG-CV2-3- 00294) of $200,000 through the CDBG-CV2 and CV3 allocations for the St. Helena Utility Assistance Program. In partnership with UpValley Family Centers (UVFC), the Agenda Item #11.1.
program aimed to provide utility assistance to low-to-moderate-income households impacted by financial hardship as a result of the COVID-19 pandemic.
Upon award, UVFC worked closely with City staff to develop the program guidelines and application process for the CDBG Utility Assistance Program. Throughout the duration of the grant, UVFC distributed a total of 1,218 outreach materials across various community touchpoints, including tabling events, food banks, community presentations, door-to-door outreach, and local businesses.
As a result of these outreach efforts, UVFC provided utility assistance to 73 households.
UVFC completed a total of 133 applications, however not everyone submitted documentation or was eligible for services. For the 73 eligible households, UVFC delivered a total of 147 services. These included case management, application assistance, housing navigation, access to safety net services, and referrals to external support providers.
Of the total grant award, $144,256 was expended. The remaining $55,744 awas not utilized and will be disencumbered and returned to HCD.
All programs and projects listed above have now been completed or reached their 36- month grant term with the State. Staff has submitted final funds requests for all eligible expenses and will be packaging the required closeout documents to initiate the closeout process.
ENVIRONMENTAL REVIEW: None.
GOAL:
Goal 5: Enhance Quality of Life
Agenda Item #11.1.
CDBG Grant Closeout
City Council
September 23, 2025
Agenda Item #11.1.
CDBG Grant Closeout
Receive a report summarizing the accomplishments performed under the following State Community Development Block Grant Agreements:
St. Helena Childcare Scholarship Program (20-CDBG-CV1-00103) St. Helena Utility Assistance Program (20-CDBG-CV2-3-00294) Economic Development: Business Assistance Program (21-CDBG-ED-10004) Agenda Item #11.1.
20-CDBG-CV1-00103
St. Helena Childcare Scholarship Program
The City was awarded $74,484 in CDBG-CV1 funding in May 2021. The City partnered with Community Resources for Children (CRC) to administer and assist with the development of a childcare scholarship program.
The full grant amount of $74,484 was successfully expended, providing scholarships to 10 children from 8 households.
Agreement award expired on June 25, 2023.
Agenda Item #11.1.
20-CDBG-CV2-3-00294
St. Helena Utility Assistance Program
On November 12, 2021, the City received notification of award of $200,000. In partnership with UpValley Family Centers (UVFC), the program aimed to provide utility assistance to low-to-moderate-income households impacted by financial hardship as a result of the COVID-19 pandemic. UVFC distributed a total of 1,218 outreach materials across various community touchpoints, including tabling events, food banks, community presentations, door-to-door outreach, and local businesses.
Agenda Item #11.1.
Utility Assistance Program (Cont.)
As a result of these outreach efforts, UVFC provided utility assistance to 73 households.
UVFC completed a total of 133 applications, however not everyone submitted necessary documentation or was eligible for services.
Of the total grant award, $144,256 was expended. The remaining $55,744 awas not utilized and will be disencumbered as the award agreement expired on March 31, 2025.
Agenda Item #11.1.
21-CDBG-ED-10004
Business Assistance Program
On September 19, 2022, the City received notification of a $500,000 award. The City provided 4 business loans.
31 full-time jobs were created; 3 full-time positions were retained The loans supported the creation of 621 weekly part-time work hours and the retention of 96 weekly part-time hours.
Of the total amount, $490,000 was expended. The remaining $10,000 was not utilized and will be disencumbered and returned to HCD. Agreement award expires September 2025.
Agenda Item #11.1.
Recommended Action
Conduct a public hearing to solicit public input regarding expenditures and accomplishments of funding received under these CDBG contracts and direct staff to proceed with submitting required documents for grant closeout.
Agenda Item #11.1.
Agenda Report to the City Council
Agenda Section: PUBLIC HEARINGS
Department: Planning
DATE: September 23, 2025
FROM: Maya DeRosa, Community Development Director
SUBJECT: Introduction and waive the first reading of an Ordinance approving Zoning Ordinance Amendment (ZOA 25-003) to
amend Chapters 17.24.050 B(1) and 17.32, Definition of
Terms, Visibility Triangle of Title 17 of the St. Helena Municipal Code regarding vision triangle standards.
RECOMMENDED
ACTION:
Introduction and waive the first reading of the proposed Ordinance to:
1. Find that the proposed changes to Chapter 17.30 of
the Zoning Code are exempt from CEQA Guideline
15061 (b)(3); and
2. Approve and adopt Zoning Ordinance Amendment
(ZOA 25-003) to amend Chapters 17.24,050 B (1)
and 17.32, Definition of Terms, Visibility Triangles of Title 17 of the St. Helena Municipal Code regarding
vision triangle standards.
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
PURPOSE:
Amend the St. Helena Municipal Code in an effort to
eliminate conflicting compliance standards regarding the visibility triangle.
FINANCIAL IMPACT: None
BACKGROUND:
The St Helena Municipal Code (SHMC) 17.24.050.B (1) states the height requirements for any fences, walls and hedges within the “visibility triangle” shall not exceed 2 feet.
Additionally, SHMC Chapter 17.32 defines “visibility triangle” as the following:
“Visibility triangle” means, on a corner lot, the triangle formed by lines extended from the face of the curb to their intersection and a line connecting the face of the curb extensions measured thirty-five (35) feet from their point of intersection. If no curb exists, the edge of the roadway or vehicular travel area shall be used as the point of measurement.
This code requirement has been in effect for decades and was reaffirmed in the recent planning code revision in 2023.
Agenda Item #11.2.
Public Works has a City Standard (since 1993) that conflicts with the current Municipal Code in relation to the visibility triangle. “City of St. Helena Visibility and Fencing Requirements Standard No. 324” (Attachment 2) sets the visibility triangle at 25 feet from the corner and has been referenced and used in the approval of several building projects as recently as November 2023.
The differing standard and Ordinance has led to confusion amongst city staff and members of community.
In January 2024 the Fire Chief and Fire Inspector, at the request of the City Manager, examined all 299 corners in the City of St. Helena. According to the SHMC visibility triangle requirements of 35 feet and 2 ft. fence height, 66 corners were found to be out of compliance. Later in 2024, a marketing campaign was launched to inform the public about the enforcement of the SHMC Visibility Triangle requirements.
As of April 2025, the number of corners out of compliance has reduced to 26.
When applying the Public Works Standard No. 324 requirement of 25 feet, the number of corners out of compliance reduces to 9.
On May 20, 2025, the Planning Commission discussed the code compliance issues above, current visibility triangle standards and options for amending the zoning code to make the code more effective. The Planning Commission provided direction that they were open to increasing the allowable height within the visibility triangle, as long as the standard was not over 42 inches as the allowable height for fences, walls and hedges within the triangle. The Planning Commission also directed staff that the proposal to reduce the codified standard for the length of the vision triangle from 35 to 25 feet was acceptable.
Subsequently on September 2, 2025, the Planning Commission recommended (3-0) the City Council adopt an ordinance amending the vision triangle standards and definition as noted in the attached ordinance (Attachment 1).
DISCUSSION:
While the Fire Chief and Fire Inspector were investigating all 299 corners in the city, only 2 corner fences met the 2 ft. height requirement listed in the SHMC. The remaining corners with fences and walls were all at or below 42 inches except for the tennis court chain link fence at the southwest corner of Spring Mtn. Rd and Hillview Pl which has a city approved variance. Some of the corners had vegetation more than 42 inches in height which will need to be addressed by the property owners.(Please refer to Attachment 4 field assessment prepared by the Fire Department).
In considering the safety factors related to changing the vision triangle standards as noted in this report, the Police Department was consulted and they did not have concerns with the increased allowable height of 42 inches within the vision triangle nor Agenda Item #11.2.
did they have concern with the 25 foot allowable length. Additionally, there is data from Caltrans that the line of sight for a driver is at 42 inches high, therefore this should be the maximum height within a visibility triangle.
As part of the research for this ZOA, Planning staff conducted research of vision triangle zoning standards in other surrounding cities (Attachment 3). There was a fair amount of variation in standards for both the length of the vision triangle and allowable height within the vision triangle.
Adjusting the SHMC visibility triangle definition in SHMC Chapter 17.32 to match that of 25-foot length noted in Public Work Standard No. 324 and also increasing the allowable height within the vision triangle in SHMC 17.24.050 B (1) from 2 feet to 42 inches would allow the majority of existing fences on corners to remain in compliance. The ordinance (Attachment 1) as part of this staff report memorializes these proposed changes to the zoning ordinance.
ENVIRONMENTAL REVIEW:
Pursuant to CEQA Guidelines Section 15061(b) (3), the project will not have a significant impact on the environment and is exempt from CEQA.
GOAL:
Miscellaneous/Other
DOCUMENTS ATTACHMENTS:
Attachment 1 Ordinance - Vision Triangle Standards
Attachment 2 Public-Works-City-Standard 324
Attachment 3 Vision Triangle Standards from other cities Jan 2024 Attachment 4 Vis. Triangle List of Addresses in Need
Agenda Item #11.2.
83578.00012\42255084.1
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ST. HELENA AMENDING SECTION 17.24.050 B(1) AND CHAPTER 17.32 (DEFINITIONS) OF TITLE 17 OF THE ST. HELENA MUNICIPAL CODE (ZOA 25-003) REGARDING
STANDARDS FOR VISIBILITY TRIANGLES
WHEREAS, Title 17 of the St. Helena Municipal Code (SHMC) includes standards for visibility triangles and also define how they are measured; and WHEREAS, SHMC Section 17.24.050 B(1) establishes specific standards for the maximum height of fences and hedges within visibility triangles; and WHEREAS, SHMC Chapter 17.32 includes a definition of a visibility triangle and how they are measured which includes Figure 17.32 E ; and WHEREAS, in January 2024 the City completed a visual survey of all corner properties and determined that the maximum height allowance of 2 feet and the long 35 foot length of the vision triangle measurement created challenges for properties to comply with the zoning ordinance ; and
WHEREAS, the City desires to amend SHMC section 17.24.050 B(1) and Chapter 17.32, to have visibility triangle standards which provide more flexibility for property owners, yet still ensure safety requirements at intersections are met; and WHEREAS, the Planning Commission held a duly noticed public hearing at a Regular Meeting on September 2, 2025, on the proposed Ordinance during which public hearing the Planning Commission received comments from City staff and members and recommended approval to the City Council through Resolution No. _____; and WHEREAS, the City Council held a duly noticed public hearing on September 23, 2025 , on the proposed Ordinance, during which public hearing the City Council received comments from City staff and members of the general public; and WHEREAS, the City Council desires to approve the requested amendments to Section 17.24.050 B(1) and 17.32, Definition of Terms, Visibility Triangle, 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.
Agenda Item #11.2.