He asks the recipients to ”please reply YESto this email if you support the Lyman Park Initiative.” And lists:
1) No hotel on the old City Hallsite .....but he does not disclose that this is NOTeven on the table at the meeting
2) Join Lyman Park & old City Hallinto one open Plaza.....something that can be achieved easily and inexpensively without declaring Adams Street as surplus property
3) Add a Cultural Center for the community in Plaza.....which according to an email he received John Dunbar, former mayor of Yountville, was achieved in Yountville after 30 years of TOT!
4) Buildhotel and housing instead at the Adams property .....something, again, that is not technically on the agenda
In my opinion Oliver Caldwell is counting on the recipients not actually reading the agenda, otherwise he might have at the very least included a linkto the agenda item for the recipients to read rather than a bunch of schematics showing the impact a hotel would have on Lyman Park. Unfortunately, a number of people willsimply take his word for what appears to be a very compelling argument and respond ”Yes.”
50, I hope that the city council and the members of the community willsee any list of people that Oliver might deliver to the city councilTuesday night for what it is: a list of people who thought they were helping prevent the sale of the Main Street property to a hotel developer and not necessarily a list of people who are in favor of declaring the Adams Street Property as "surplus” under the Surplus Lands Act.
Thank you, Julie Bolander lii?‘li?l?lllll?l?)NOV18 2025 CITYCLERK'SOFFICE CITYOF ST.HELENA pr
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Agenda Item #11.1.
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Agenda Item #11.1.
Agenda Item #11.1.
Dear City Council and Staff,
Please consider the following path.
Long term lease (no SLA).
Public Private Partnership.
Entitled as you see fit for best/highest possible outcome.
Maintain ownership and revenue terms.
Full control.
Sincerely,
Joshua Parke
Agenda Item #11.1.
CITY OF ST. HELENA, SPECIAL CITY COUNCIL MEETING, 11/18/25 6:00 PM PUBLIC COMMENT, AGENDA ITEM 11.1
1 FFSHPL IS A PUBLIC CHARITY THAT BENEFITS THE ST. HELENA PUBLIC LIBRARY THROUGH FUNDRAISING AND ADVOCACY. TAX ID: 26-3043296
Regarding City StaƯ Recommendation that City Council Members approve a resolution that declares the entire 5.6 acre site known as “Adams Street parcel” (APN 009-150-006) to be “Surplus Land,” that is, no longer needed for the City’s municipal purposes and eligible for purchase.
Greetings, All.
Friends & Foundation, St. Helena Public Library (FFSHPL) Board and StaƯ acknowledge that the City of St. Helena’s financial position evidently calls for greater fiscal prudence to assure long-term stability of the municipality, its assets, and its services. In simplest form, prudent decisions leading to overall financial improvement may be made to alter expenses or revenues through any number of methods.
FFSHPL, at this time, refrains from taking any stance on which decisions are or will be the right ones for the City leadership to make.
That said, we would argue for postponement of the vote recommended in item 11.1. Before significant and consequential decisions such as declaration of any more City owned land as “surplus” are made, it would seem prudent to complete the thoughtful work of the Finance Committee, to learn what developers’ fees for active building projects might amount to, to see what hotel projects already in the pipeline will amount to, and to simply better understand the fullness of the City’s financial position. To consider dividing large parcels may be an option, many other options may arise. And such things could be explored before the declaration of Surplus land. But without clear setting of goals, why force a declaration now? Once the SSLA designation is in play, sale opportunities of this large parcel will inexorably begin.
FFSHPL is patient with our community as this broad dialogue advances. And in the meantime, we continue with our work that benefits the Library’s patrons, staƯ, and its full range of services. We support Library leadership and listen to library professionals' assessments of the short-, middle-, and long-term needs.
Respectfully submitted, Deanna M. GriƯin
Executive Director, Friends & Foundation, St. Helena Public Library P. O. Box 171; St. Helena, CA 94574 Deanna.GriƯ[email protected]; 707 804 9675 11/18/25
Agenda Item #11.1.
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Agenda Item #11.1.
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Agenda Item #11.1.
Agenda Report to the City Council
Agenda Section: NEW BUSINESS:
Department: Public Works
DATE: November 18, 2025
FROM: Joseph Leach, Assistant City Manager/Director of Public Works/City Engineer, Stephanie Killingsworth, Public
Works Financial Analyst
SUBJECT: Consider and adopt a Resolution (1) Authorizing the City Manager, or his Designee, to execute a “Settlement
Agreement” with the California Regional Water Quality
Control Board, San Francisco Bay Area Region; (2)
Acknowledging the accumulation of $378,000 in fines due to regulated effluent parameter exceedances; (3)
Authorizing the creation of Capital Improvement Plan (CIP) Project No. S26-05 with denoted funding in partial
fulfillment of the Order; and (4) Authorizing the expenditure of $181,500 from GL 571-5000-2425; and (5) Authorizing
corresponding budget adjustments to appropriate funding for this action.
RECOMMENDED
ACTION:
Adopt the related resolution.
PREVIOUS COUNCIL
ACTION:
None.
STATEMENT OF THE
PURPOSE:
The City is required to enter an agreement with the State Water Board to both pay fines related to constituent
exceedances related to the Wastewater Treatment Plant
AND utilize a portion of the fines to fund/deliver a project for the benefit of the environment.
FINANCIAL IMPACT: The Stipulated Order requires a total administrative civil liability of $378,000. As noted below, the Order affords the City to utilize a portion of the fine (i.e. $196,500) towards a project and the balance (i.e. $181,500) a direct payment to the Water Board's program. The $181,500 payment will be funded from Wastewater Enterprise Fund Reserves. No
General Fund monies are proposed to be utilized.
BACKGROUND:
The City operates the Wastewater Treatment and Reclamation Plant (Facility) under NPDES Permit CA0038016 (Order R2-2021-0004). The Facility provides secondary treatment with recycling of treated effluent and occasional discharge to the Napa River when recycled water distribution or storage capacity is exceeded.
Agenda Item #12.1.
Between January 2023 and April 2025, the Facility recorded numerous permit exceedances (129 events), 126 of which are subject to Mandatory Minimum Penalties (MMPs) pursuant to Water Code §13385. The Prosecution Team with the Regional Water Board assessed mandatory minimum penalties resulting in a proposed total administrative civil liability of $378,000.
DISCUSSION:
The Settlement Agreement (Stipulated Order R2-2025-1023, Attachment A) resolves alleged violations by combining a cash payment with a Supplemental Environmental Project (SEP). The SEP, titled 'City of St. Helena Sewer Pipeline Rehabilitation Project', proposes replacement of approximately 605 linear feet of vitrified clay pipe within 300 feet of Sulphur Creek to reduce inflow and infiltration and the risk of sanitary sewer leakage to nearby water bodies.
The City and the Water Board agreed to suspend up to $196,500 of the administrative civil liability pending successful SEP completion by June 1, 2027, subject to reporting and certification requirements. The settlement avoids protracted litigation and further administrative proceedings, reduces future compliance risk, and invests in local infrastructure that provides direct water quality benefits.
Staff recommends approval to allow the City Manager to execute the Agreement and to begin project setup.
ENVIRONMENTAL REVIEW:
Authorization to execute an agreement does not constitute a project. Upon award of the project related to CIP No. S26-05, staff will provide an environmental determination.
GOAL:
Goal 2: Improve Infrastructure & Further Environmental Sustainability Goal 3: Pursue Water Security & Sustainable Management of Water Resources Goal 8: Implement Capital Improvement Plans (CIP) Projects Miscellaneous/Other DOCUMENTS ATTACHMENTS:
WWTP Water Board Violation Agreement_110925
Attachment A - Stipulated ACLO - R2-2025-1023_102025
S26-05 CIP Page
Agenda Item #12.1.
CITY OF ST. HELENA
RESOLUTION NO. 2025-__
RESOLUTION (1) AUTHORIZING THE CITY MANAGER, OR HIS
DESIGNEE, TO EXECUTE A “SETTLEMENT AGREEMENT” WITH
THE CALIFORNIA REGIONAL WATER QUALITY CONTROL
BOARD, SAN FRANCISCO BAY AREA REGION; (2)
ACKNOWLEDGING THE ACCUMULATION OF $378,000 IN FINES
DUE TO REGULATED EFFLUENT PARAMETER EXCEEDANCES;
(3) AUTHORIZING THE CREATION OF CAPITAL IMPROVEMENT
PLAN (CIP) PROJECT NO. S26-05 WITH DENOTED FUNDING IN
PARTIAL FULFILLMENT OF THE ORDER; (4) AUTHORIZING THE
EXPENDITURE OF $181,500 FROM GL 571-5000-2425; AND (5)
AUTHORIZING CORRESPONDING BUDGET ADJUSTMENTS TO
APPROPRIATE FUNDING FOR THIS ACTION.
RECITALS
WHEREAS, the City of St. Helena operates a wastewater treatment and reclamation plant regulated by National Pollutant Discharge Elimination System (NPDES) Permit CA0038016 (Order R2-2021-0004); and
WHEREAS, between January 2023 and April 2025, the City reported effluent limit exceedances resulting in alleged violations subject to administrative civil liability under California Water Code §13385; and
WHEREAS, the California Regional Water Quality Control Board, San Francisco Bay Region, issued Proposed Order R2-2025-1023 assessing a total administrative civil liability of $378,000; and
WHEREAS, the proposed Settlement Agreement provides that $196,500 of the liability may be suspended upon successful completion of a Supplemental Environmental Project (SEP) titled the “City of St. Helena Sewer Pipeline Rehabilitation Project,” requiring the creation of CIP Project No. S26-05; and
WHEREAS, the balance of $181,500 shall be paid to the State Water Pollution Cleanup and Abatement Account within the time specified by the Stipulated Order; and Agenda Item #12.1.
WHEREAS, this authorization does not constitute a project under the California Environmental Quality Act (CEQA), but subsequent project actions will require CEQA review prior to construction.
RESOLUTION
NOW, THEREFORE, the City Council of the City of St. Helena resolves as follows:
1. The City Manager, or his designee, is hereby authorized to execute the Settlement Agreement and Stipulation for Entry of Administrative Civil Liability Order (Proposed Order R2-2025-1023) with the California Regional Water Quality Control Board, San Francisco Bay Region (Attachment A).
2. CIP Project No. S26-05 is hereby created and funding is authorized using Fund 421 (GO Bond – Measure H) to fulfill the requirements of the Supplemental Environmental Project.
3. Staff is authorized to process a payment of $181,500 from GL 571-5000- 2425 to satisfy the non-suspended portion of the administrative civil liability.
4. The Administrative Services Director is authorized to make necessary budget adjustments and accounting entries to properly reflect these actions.
5. The Budget Amendments are as follows:
Description Fund/Funding
Source
Expense
GL Account
Amount
Transfer to CIP Project
S26-05 (SEP) 421 – GO Bonds 421-00-00-28-99 $196,625
Transfer from 421 – GO
Bonds
773 – Wastewater
Capital 773-39-98-00-00 $196,625
Budget Increase from
Wastewater Fund
Balance Reserves
Taxes & Other Charges
571 – Wastewater
Enterprise 571-5000-2425 $181,500
6. Funding is as follows:
Description Fund/Funding
Source
Expense
GL Account
Amount
Design (SEP/CIP No.
S26-05) 421 – GO Bonds 773-50-59-31-10 $7,500
Construction
Management (SEP/CIP 421 – GO Bonds 773-50-59-31-50 $7,500 Agenda Item #12.1.
No. S26-05)
Construction Contract
(SEP/CIP No. S26-05) 421 – GO Bonds 773-50-59-31-60 $165,625 Contingency (SEP/CIP
No. S26-05) 421 – GO Bonds 773-50-59-31-70 $16,000
Public Works Admin
Taxes & Other Charges
571 – Wastewater
Enterprise 571-50-00-24-25 $181,500
Approved at a Regular Meeting of the St. Helena City Council on November 18, 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 Andrew Bradley, City Clerk
Agenda Item #12.1.
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
SAN FRANCISCO BAY REGION
In the matter of:
CITY OF ST. HELENA
NPDES Permit CA0038016
(Order R2-2021-0004)
Effluent Limit Violations
)
)
)
)
)
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)
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SETTLEMENT AGREEMENT AND
STIPULATION FOR ENTRY OF
ADMINISTRATIVE CIVIL LIABILITY
ORDER
PROPOSED
ORDER
R2-2025-1023
Section I: INTRODUCTION
This Settlement Agreement and Stipulation for Entry of Administrative Civil Liability Order (Stipulated Order) is entered into by and between the California Regional Water Quality Control Board, San Francisco Bay Region Prosecution Team (Prosecution Team) and the City of St. Helena (Discharger) (collectively Parties), and is presented to the California Regional Water Quality Control Board, San Francisco Bay Region (Regional Water Board), or its delegate, for adoption as an Order by settlement pursuant to California Water Code (Water Code) section 13323 and Government Code section 11415.60. This Stipulated Order resolves all the violations alleged herein by the imposition of administrative civil liability against the Discharger in the amount of $378,000.
Section II: RECITALS
1. The Discharger owns and operates the City of St. Helena Wastewater Treatment and Reclamation Plant (Facility). The Facility provides secondary treatment for domestic and commercial wastewater from the City of St.
Helena, with an average dry weather treatment capacity of 0.5 million gallons per day (MGD) and a wet weather treatment capacity of up to 2.8 MGD. The Discharger recycles its wastewater, distributing treated effluent to irrigate roughly 80 acres of fields adjacent to the Facility and a small redwood tree farm. The Discharger also uses its treated wastewater to grow mosquito fish.
When the Facility’s influent exceeds the capacity of the recycled water distribution system and onsite storage, the Discharger discharges into the Napa River via a shallow-water outfall (Discharge Point 001).
2. The Discharger is upgrading its Facility to provide tertiary treatment and expand its recycled water program. When the Discharger completes its upgrades, the Facility will continue to have an average dry weather treatment Agenda Item #12.1.
Settlement Agreement and Stipulated Administrative Civil Liability City of St. Helena
capacity of 0.5 MGD, but with a new wet weather treatment capacity of
1.5 MGD. When the Facility’s influent exceeds the capacity of the recycled water distribution system and onsite storage, the upgraded treatment plant will continue to discharge into the Napa River via Discharge Point 001.
3. The Discharger is required to operate and maintain its Facility in compliance with National Pollutant Discharge Elimination System (NPDES) Permit CA0038016 (Permit) issued pursuant to Clean Water Act section 402 and Water Code Chapter 5.5, Division 7 (commencing with section 13370). The Regional Water Board most recently issued the Permit on April 14, 2021, through Order R2-2021-0004, which became effective on June 1, 2021. The Permit contains discharge requirements for the Facility, including effluent limitations for discharges at Discharge Point 001.
4. Water Code section 13385, subdivisions (h) and (i), require the assessment of mandatory minimum penalties (MMPs) for certain discharge violations. a. Water Code section 13385, subdivision (h)(1) states:
Notwithstanding any other provision of this division, and except as provided in subdivisions (j), (k), and (l), a mandatory minimum penalty of three thousand dollars ($3,000) shall be assessed for each serious violation.
b. Water Code section 13385, subdivision (h)(2) states:
For the purposes of this section, a “serious violation” means any waste discharge that violates the effluent limitations contained in the applicable waste discharge requirements for a Group II pollutant, as specified in Appendix A to Section 123.45 of Title 40 of the Code of Federal Regulations, by 20 percent or more or for a Group I pollutant, as specified in Appendix A to Section 123.45 of Title 40 of the Code of Federal Regulations, by 40 percent or more. c. Water Code section 13385, subdivision (i)(1) states:
Notwithstanding any other provision of this division, and except as provided in subdivisions (j), (k), and (l), a mandatory minimum penalty of three thousand dollars ($3,000) shall be assessed for each violation whenever the person does any of the following four or more times in any period of six consecutive months, except that the requirement to assess the mandatory minimum penalty shall not be applicable to the first three violations:
i. Violates a waste discharge requirement effluent limitation. ii. Fails to file a report pursuant to Section 13260.
Agenda Item #12.1.
Settlement Agreement and Stipulated Administrative Civil Liability City of St. Helena
iii. Files an incomplete report pursuant to Section 13260. iv. Violates a toxicity effluent limitation contained in the applicable waste discharge requirements where the waste discharge
requirements do not contain pollutant-specific effluent limitations for toxic pollutants.
d. Water Code section 13385, subdivision (i)(2) states:
For the purposes of this section, a “period of six consecutive months” means the period commencing on the date that one of the violations described in this subdivision occurs and ending 180 days after that date.
5. The Prosecution Team alleges that discharges from Discharge Point 001 between January 2023 and April 2025 violated Permit effluent limitations at least 129 times. 126 of those violations are subject to MMPs pursuant to Water Code section 13385, subdivisions (h) and (i), as shown in Attachment A, which is incorporated herein by reference.
6. To resolve the alleged violations in Section II, paragraph 5, by consent and without further administrative proceedings, the Parties have agreed to the imposition of an administrative civil liability of $378,000 against the Discharger.
7. The Parties have agreed to settle this matter without administrative or civil litigation, and to present this Stipulated Order to the Regional Water Board or its delegate for adoption as an Order by settlement pursuant to Water Code section 13323 and Government Code section 11415.60.
8. The Prosecution Team contends that the resolution of the alleged violations is fair and reasonable and fulfills all its enforcement objectives; that no further action is warranted concerning the violations, except as provided in this Stipulated Order; and that this Stipulated Order is in the public’s best interest.
Section III: STIPULATIONS
The Parties incorporate the foregoing Recitals and stipulate to the following:
1. Administrative Civil Liability: The Discharger hereby agrees to the imposition of an administrative civil liability of $378,000 to resolve the alleged violations set forth in Section II, paragraph 5, and Attachment A, as follows:
a. No later than 30 days after the Regional Water Board or its delegate signs this Stipulated Order, the Discharger shall mail a check for $181,500, made payable to “State Water Pollution Cleanup and Abatement Account,” referencing the Order number on page one of this Stipulated Order, to:
Agenda Item #12.1.
Settlement Agreement and Stipulated Administrative Civil Liability City of St. Helena
State Water Resources Control Board Accounting Office
Attn: ACL Payment
P.O. Box 1888
Sacramento, CA 95812-1888
The Discharger shall email a copy of the check to the Regional Water Board ([email protected]).
b. In accordance with the State Water Resources Control Board’s (State Water Board) 2017 Policy on Supplemental Environmental Projects and Water Code section 13385(l), the Parties agree that up to $196,500 (SEP Amount) of the administrative liability shall be suspended pending completion of a supplemental environmental project described in Section III, paragraph 2, and Attachment B, which is incorporated herein by reference.
c. The SEP Amount will become immediately due and payable if the initial monetary assessment described in Section III, paragraph 1.a is not paid in full by the payment deadline.
2. SEP Description: The Discharger proposes to fund a third-party1to implement the City of St. Helena Sewer Pipeline Rehabilitation Project (the SEP), which will replace 605 linear feet of aged, vitrified clay pipe within 300 feet of Sulphur Creek. The sections of the pipe identified for replacement are among the oldest portions of vitrified clay pipe in the project area (constructed between 1940 and 1975), are comprised of short segments (4-6 feet), and were constructed without gaskets. Though considered in good condition, these sections of pipe are at risk of allowing groundwater inflow and infiltration, which can overwhelm the Facility. These sections are also at risk of leaking or discharging sewage. The SEP will reduce the risk of inflow and infiltration into the Discharger’s sanitary sewer system, which can adversely impact effluent water quality, and reduce the risk of sewage leaching into groundwater or discharging into the nearby Sulphur Creek, a water of the United States. Attachment B further describes the SEP and its project milestones, budget, and reporting schedule.
3. Representation and Agreements Regarding the SEP:
a. As a material condition for the Regional Water Board’s acceptance of this Stipulated Order, the Discharger represents that it will spend the SEP Amount to implement the SEP as set forth in Section III, paragraph 2, and Attachment B. The Discharger understands that its promise to fund and implement the SEP in its entirety and in accordance with the 1 The Discharger will select a third-party contractor through its formal bid procedure upon the Regional Water Board’s, or its delegate’s, approval of this Stipulated Order. (See City of St.
Helena Municipal Code § 3.04.130.)
Agenda Item #12.1.
Settlement Agreement and Stipulated Administrative Civil Liability City of St. Helena
implementation schedule and budget set forth in Attachment B represents a material condition of this settlement of liability between the Discharger and the Regional Water Board.
b. The Discharger agrees to (1) spend the SEP Amount as described in this Stipulated Order; (2) provide certified, written reports to the Regional Water Board consistent with the terms of this Stipulated Order; and (3) provide as part of the final report due June 1, 2027, a certification by a responsible official, signed under penalty of perjury, that it followed all applicable environmental laws and regulations in implementing the SEP, including the California Environmental Quality Act (CEQA), Porter-Cologne Water Quality Control Act, and federal Clean Water Act. c. The Discharger further agrees that the Regional Water Board has the right to require a third-party audit of the funds expended to implement the SEP at the Discharger’s cost, and that the Discharger bears ultimate responsibility for meeting all deadlines and requirements specified in Attachment B.
4. Publicity Associated with the SEP: Whenever the Discharger, or its agents or subcontractors, publicize one or more SEP elements, it shall state in a prominent manner that the project is undertaken as part of a settlement of a Regional Water Board enforcement action against the Discharger.
5. Progress Reports and Inspection Authority: The Discharger shall provide reports describing progress implementing the SEP to the Regional Water Board as described in Attachment B. The Discharger agrees that Regional Water Board staff has permission to inspect the SEP at any time with 24-hour notice.
6. Certification of SEP Completion: On or before June 1, 2027, a responsible official of the Discharger shall submit a final completion report as described in Attachment B and a certified statement, signed under penalty of perjury, that documents its expenditures during the SEP completion period, and that the Discharger completed the SEP in accordance with the terms of this Stipulated Order. The expenditures may include external payments to outside vendors, but may not include the cost of normal, routine work undertaken by the Discharger’s staff. In making such certification, the signatories may rely on normal organizational project tracking systems that capture employee time expenditures and external payments to outside vendors, such as environmental and information technology contractors or consultants.
Documentation of SEP completion may include photographs, invoices, receipts, certifications, and other materials reasonably necessary for the Regional Water Board to evaluate SEP completion and the costs incurred.
The Discharger shall provide the Regional Water Board with any additional information reasonably necessary to verify the SEP expenditures and completion.
Agenda Item #12.1.
Settlement Agreement and Stipulated Administrative Civil Liability City of St. Helena
7. Time Extension for SEP: The Executive Officer of the Regional Water Board (Executive Officer) may extend the SEP deadlines contained in Attachment B of this Stipulated Order if the Discharger demonstrates delays from unforeseeable circumstances or circumstances beyond the Discharger’s control, provided that the Discharger continues to undertake all appropriate measures to meet the deadlines. The Discharger shall make any deadline extension request in writing at least 30 days prior to the applicable deadline.
Any approval of an extension by the Executive Officer must be sent to the Discharger in writing, and such writing will have the effect of revising this Stipulated Order.
8. Regional Water Board Acceptance of Completed SEP: Upon the Discharger’s satisfaction of its obligations under this Stipulated Order, including SEP completion and any audits, the Executive Officer shall issue a “Satisfaction of Order” terminating any further obligations under this Stipulated Order and permanently suspend the SEP Amount.
9. Failure to Expend All Suspended Funds on the Approved SEP: If the Discharger is unable to demonstrate to the reasonable satisfaction of the Executive Officer that the entire SEP Amount was spent on the completed SEP by May 3, 2027, the Discharger shall pay the difference between the SEP Amount and the amount the Discharger can demonstrate was actually spent on the SEP (Difference). The Executive Officer shall issue a “notice” that requires the Discharger to pay the Difference to the State Water Pollution Cleanup and Abatement Account within 30 days of the notice issuance date.
The Discharger shall submit payment consistent with the payment method described in Section III, paragraph 1.a. Payment of the Difference shall satisfy the Discharger’s obligations to implement the SEP.
10.Failure to Complete the SEP: If the SEP is not fully implemented by May 3, 2027, or by the due date if extended pursuant to Section III, paragraph 7, or if there has been a material failure to satisfy a project milestone, the Executive Officer shall issue a Notice of Violation. The amount of suspended liability owed shall be determined by a written, stipulated agreement of the Parties, or if the Parties cannot reach agreement, via a Motion for Payment of Suspended Liability before the Regional Water Board or its delegate. The Discharger shall be liable to pay the entire SEP Amount, or, if shown by the Discharger, some portion thereof less the value of any completed milestones as stipulated to by the Parties in writing or as determined by the Motion for Payment of Suspended Liability. Unless the Regional Water Board or its delegate determines otherwise, the Discharger shall not be entitled to any credit, offset, or reimbursement from the Regional Water Board for expenditures made on the SEP prior to the Notice of Violation’s issuance date. Within 30 days of the Regional Water Board’s or its delegate’s determination of the suspended liability amount assessed for the Discharger to pay, the Discharger shall submit payment consistent with the payment Agenda Item #12.1.
Settlement Agreement and Stipulated Administrative Civil Liability City of St. Helena
method described in Section III, paragraph 1.a. Payment of the assessed amount shall satisfy the Discharger’s obligation to implement the SEP.
11.Regional Water Board Not Liable: The Regional Water Board and its members, staff, attorneys, and representatives shall not be liable for any injury or damage to persons or property resulting from negligent or intentional acts or omissions by the Discharger or its directors, officers, employees, agents, representatives, or contractors in carrying out activities pursuant to this Stipulated Order. The Regional Water Board, its members, and its staff shall not be held as parties to, or guarantors of, any contract entered into by the Discharger or its directors, officers, employees, agents, representatives, or contractors in carrying out activities pursuant to this Stipulated Order.
12.Compliance with Applicable Laws: The Discharger understands that payment of administrative civil liability in accordance with the terms of this Stipulated Order and/or compliance with the terms of this Stipulated Order is not a substitute for compliance with applicable laws, and that continuing violations of the types alleged herein may subject it to further enforcement, including additional administrative civil liability.
13.Party Contacts for Communications related to this Stipulated Order:
For the Regional Water Board: For the Discharger:
James Parrish, Senior Environmental
Scientist
San Francisco Bay Regional Water
Quality Control Board
1515 Clay Street, 14th Floor
Oakland, CA 94612
[email protected]
(510) 622-2381
Counsel:
Paul Ciccarelli, Attorney IV
State Water Resources Control Board
Office of Enforcement
801 K Street, 23rd Floor
Sacramento, CA 95814
[email protected]
(916) 322-3227
Joe Leach, PE, Assistant City
Manager/Director of Public Works
City of St. Helena
1088 College Avenue
St. Helena, CA 94574
[email protected]
(707) 967-2629 (office)
Counsel:
Anya Kwan, Associate
Best Best & Krieger LLP
300 S. Grand Ave, Suite 2500
Los Angeles, CA 90071
[email protected]
(213) 542-3867
14.Attorney Fees and Costs: Each Party shall bear all attorney fees and costs arising from the Party’s own counsel in connection with the matters set forth herein.
15.Matters Addressed by this Stipulated Order: Upon the Regional Water Board’s or its delegate’s adoption, this Stipulated Order represents a final and Agenda Item #12.1.
Settlement Agreement and Stipulated Administrative Civil Liability City of St. Helena
binding resolution and settlement of the alleged violations contained in Section II, paragraph 5, as of the effective date of this Stipulated Order. The provisions of this paragraph are expressly conditioned on the full payment of the administrative civil liability by the deadline specified in Section III, paragraph 1.
16.Public Notice: The Discharger understands that this Stipulated Order must be noticed for a 30-day public review and comment period prior to consideration by the Regional Water Board or its delegate. If significant new information is received that reasonably affects the propriety of presenting this Stipulated Order to the Regional Water Board or its delegate for adoption, the Prosecution Team may unilaterally declare this Stipulated Order void and decide not to present it to the Regional Water Board or its delegate. The Discharger agrees that it may not rescind or otherwise withdraw its approval of this Stipulated Order.
17.Addressing Objections Raised During Public Comment Period: The Parties agree that the procedure contemplated for public review of this Stipulated Order and the Regional Water Board’s or its delegate’s adoption of this Stipulated Order is lawful and adequate. The Parties understand that the Regional Water Board or its delegate has the authority to require a public hearing on this Stipulated Order. If procedural objections are raised or the Regional Water Board or its delegate requires a public hearing prior to the Stipulated Order becoming effective, the Parties agree to meet and confer concerning any such objections, and may agree to revise or adjust the procedure and/or this Stipulated Order as necessary or advisable under the circumstances.
18.Interpretation: This Stipulated Order shall be construed as if the Parties prepared it jointly. Any uncertainty or ambiguity shall not be interpreted against any one Party. The Parties are represented by counsel in this matter.
19.Modification: The Parties shall not modify this Stipulated Order by oral representation made before or after its execution. All modifications must be in writing, signed by all Parties, and approved by the Regional Water Board or its delegate.
20.If the Stipulated Order Does Not Take Effect: If this Stipulated Order does not take effect because the Regional Water Board or its delegate does not approve it, or because the State Water Board or a court vacates it in whole or in part, the Parties acknowledge that they expect to proceed to a contested evidentiary hearing before the Regional Water Board to determine whether to assess administrative civil liabilities for the underlying alleged violations, unless the Parties agree otherwise. The Parties agree that all oral and written statements and agreements made during the course of settlement discussions will not be admissible as evidence in the hearing or in any other administrative or judicial proceeding. The Parties agree to waive any and all Agenda Item #12.1.
Settlement Agreement and Stipulated Administrative Civil Liability City of St. Helena
objections based on settlement communications in this matter, including but not limited to objections related to prejudice or bias of any of the Regional Water Board members or their advisors or any other objections that are premised in whole or in part on the fact that the Regional Water Board members or their advisors were exposed to some of the material facts and the Parties’ settlement positions as a consequence of reviewing this Stipulated Order and, therefore, may have formed impressions or conclusions prior to any contested evidentiary hearing on the violations alleged herein in this matter. The Parties also agree to waive any and all objections based on laches, delay, or other equitable defenses related to the period for administrative or judicial review to the extent this period has been extended by these settlement proceedings.
21.Waiver of Hearing: The Discharger has been informed of the rights Water Code section 13323, subdivision (b), and hereby waives its right to a hearing before the Regional Water Board prior to the Stipulated Order’s adoption.
However, if the Stipulated Order is not adopted, or if the matter proceeds to the Regional Water Board or the State Water Board for hearing, the Discharger does not waive the right to a hearing before any order other than this Stipulated Order is imposed.
22.Waiver of Right to Petition or Appeal: The Discharger hereby waives its right to petition the Regional Water Board’s adoption of this Stipulated Order for review by the State Water Board, and further waives its rights, if any, to appeal the same to a California Superior Court and/or California appellate court.
23.Covenant Not to Sue: The Discharger covenants not to sue or pursue any administrative or civil claims against the State of California, any State agency, or its officers, Board members, employees, representatives, agents, or attorneys arising out of or relating to any matter expressly addressed by this Stipulated Order. This covenant is not intended to bar and does not limit the Discharger’s rights to sue over other Regional Water Board orders (e.g., permits or cease and desist orders) or limit the Discharger’s rights to defend against any additional enforcement or other actions taken by the Regional Water Board or its employees, representatives, agents, or attorneys.
Moreover, this covenant shall not release any claims or complaints against any State agency or the State of California, its officers, Regional Water Board members, employees, representatives, agents, or attorneys to the extent such covenant would be prohibited by California Business and Professions Code section 6090.5 or by any other statute, rule, regulation, or legal principle of similar effect.
24.Necessity for Written Approvals: All approvals and decisions of the Regional Water Board or its delegate under the terms of this Stipulated Order shall be communicated to the Discharger in writing. No oral advice, guidance, suggestions, or comments from Regional Water Board employees or officials Agenda Item #12.1.
Settlement Agreement and Stipulated Administrative Civil Liability City of St. Helena
regarding submissions or notices shall be construed to relieve the Discharger of its obligation to obtain any final written approval this Stipulated Order requires.
25.Authority to Bind: Each person executing this Stipulated Order in a representative capacity represents and warrants that he or she is authorized to execute this Stipulated Order on behalf of, and to bind, the entity on whose behalf he or she executes the Stipulated Order.
26.No Third-Party Beneficiaries: This Stipulated Order is not intended to confer any rights or obligations on any third party or parties. No third party or parties shall have any right of action under this Stipulated Order for any cause whatsoever.
27.Severability: This Stipulated Order is severable; if any provision is found to be invalid, the remainder shall remain in full force and effect.
28.Counterpart Signatures and Facsimile and Electronic Signatures: This Stipulated Order may be executed and delivered in any number of counterparts, each of which when executed and delivered shall be deemed to be an original, but such counterparts shall together constitute one document.
Further, this Stipulated Order may be executed by facsimile or electronic signature, and any such facsimile or electronic signature by any Party hereto shall be deemed to be an original signature and shall be binding on such Party to the same extent as if such facsimile or electronic signature were an original signature.
29.Effective Date: This Stipulated Order shall be effective and binding on the Parties upon the date the Regional Water Board or its delegate enters the Order incorporating the terms of this Stipulated Order.
IT IS SO STIPULATED.
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
SAN FRANCISCO BAY REGION, PROSECUTION TEAM
Date: By:
Bill Johnson
Chief, NPDES Wastewater and
Enforcement Division
Agenda Item #12.1.
Settlement Agreement and Stipulated Administrative Civil Liability City of St. Helena
IT IS SO STIPULATED.
CITY OF ST. HELENA
Date: By:
Joe Leach, PE
Assistant City Manager/Director of Public
Works
City of St. Helena
Agenda Item #12.1.
Settlement Agreement and Stipulated Administrative Civil Liability City of St. Helena
ORDER OF THE REGIONAL WATER BOARD
1. This Stipulated Order incorporates the foregoing Sections I through III by this reference as if set forth fully herein.
2. In accepting this Stipulated Order, the Regional Water Board or its delegate has considered information the Prosecution Team obtained in investigating the allegations set forth in the Stipulated Order or otherwise provided to the Regional Water Board.
3. This is an action to enforce the laws and regulations administered by the Regional Water Board. Issuance of this Stipulated Order is exempt from the provisions of the California Environmental Quality Act (Public Resources Code § 21000 et seq.) in accordance with California Code of Regulations, title 14, section 15321, subdivision (a)(2). Additionally, this Stipulated Order generally accepts the plans proposed for the SEP prior to implementation.
Mere submittal of plans is exempt from CEQA because submittal will not cause a direct or indirect physical change in the environment.
4. The Executive Officer of the Regional Water Board is authorized to refer this matter directly to the Attorney General for enforcement if the Discharger fails to perform any of its obligations under this Stipulated Order.
IT IS HEREBY ORDERED pursuant to Water Code section 13323 and Government Code section 11415.60, on behalf of the California Regional Water Quality Control Board, San Francisco Bay Region.
Eileen White Date
Executive Officer
California Regional Water Quality Control Board
San Francisco Bay Region
Agenda Item #12.1.
ATTACHMENT A
Mandatory Minimum Penalties
Discharger: City of St. Helena
The following table lists the alleged violations for which the Discharger is subject to civil liabilities pursuant to Water Code section 13385. The table lists the mandatory minimum penalty (MMP) that applies.
Table 1. List of Alleged Violations
CIWQS
Violation
ID No.
Violation
Date Parameter (units) Group Effluent Limitation
Reported
Value
Percent
Exceedance[1]
Violation
Type MMP[2]
1114696 01/05/2023 Copper, Total, Daily Maximum (ug/L) 2 14 17 21% C1, S $3,000 1114694 01/06/2023 Copper, Total, Daily Maximum (ug/L) 2 14 15 7% C2 $0 1114701 01/07/2023 Copper, Total, Daily Maximum (ug/L) 2 14 25 79% C3, S $3,000 1114703 01/07/2023
Biochemical Oxygen Demand (5-day
@ 20 Degree Celsius) (BOD5),
Weekly Average (mg/L)
1 25 47 88% >C3 $3,000
1114700 01/08/2023 Copper, Total, Daily Maximum (ug/L) 2 14 16 14% >C3 $3,000 1114702 01/21/2023 Total Suspended Solids (TSS),
Weekly Average (mg/L) 1 20 25 25% >C3 $3,000
1114699 01/31/2023 TSS, Percent Removal, Monthly
Average (%) 1 85 70 -17% >C3 $3,000
1114693 01/31/2023 Copper, Total, Monthly Average 2 8.3 11 33% >C3, S $3,000 1114697 01/31/2023
Biochemical Oxygen Demand (5-day
@ 20 Degree Celsius) (BOD5),
Monthly Average (mg/L)
1 15 35 133% >C3, S $3,000
1114698 01/31/2023 TSS, Monthly Average (mg/L) 1 15 25 67% >C3, S $3,000 Agenda Item #12.1.
Settlement Agreement and Stipulated Administrative Civil Liability, Attachment A City of St. Helena
1120712 03/01/2023 Total Coliform, Daily Maximum
(MPN/100 mL)
[3] 240 1600 N/A >C3 $3,000
1120716 03/01/2023 pH, Instantaneous Maximum (SU) [3] 8.5 8.8 N/A >C3 $3,000 1120746 03/01/2023 Total Coliform, 5-Sample Median
(MPN/100 mL)
[3] 23 240 N/A >C3 $3,000
1120719 03/02/2023 pH, Instantaneous Maximum (SU) [3] 8.5 8.9 N/A >C3 $3,000 1120723 03/02/2023 Total Coliform, Daily Maximum
(MPN/100 mL)
[3] 240 1600 N/A >C3 $3,000
1120738 03/02/2023 TSS, Weekly Average (mg/L) 1 25 40 60% >C3, S $3,000 1120747 03/02/2023 Total Coliform, 5-Sample Median
(MPN/100 mL)
[3] 23 240 N/A >C3 $3,000
1120710 03/03/2023 Total Coliform, 5-Sample Median
(MPN/100 mL)
[3] 23 350 N/A >C3 $3,000
1120717 03/03/2023 pH, Instantaneous Maximum (SU) [3] 8.5 9 N/A >C3 $3,000 1120724 03/03/2023 Total Coliform, Daily Maximum
(MPN/100 mL)
[3] 240 350 N/A >C3 $3,000
1120711 03/04/2023 Total Coliform, 5-Sample Median
(MPN/100 mL)
[3] 23 350 N/A >C3 $3,000
1120718 03/04/2023 pH, Instantaneous Maximum (SU) [3] 8.5 9.1 N/A >C3 $3,000 1120701 03/05/2023 pH, Instantaneous Maximum (SU) [3] 8.5 8.7 N/A >C3 $3,000 1120720 03/06/2023 pH, Instantaneous Maximum (SU) [3] 8.5 8.7 N/A >C3 $3,000 1120748 03/06/2023 Total Coliform, 5-Sample Median
(MPN/100 mL)
[3] 23 350 N/A >C3 $3,000
1120713 03/07/2023 Total Coliform, Daily Maximum
(MPN/100 mL)
[3] 240 350 N/A >C3 $3,000
1120721 03/07/2023 pH, Instantaneous Maximum (SU) [3] 8.5 8.6 N/A >C3 $3,000 1120737 03/07/2023 TSS, Weekly Average (mg/L) 1 25 56 124% >C3, S $3,000 1120749 03/07/2023 Total Coliform, 5-Sample Median
(MPN/100 mL)
[3] 23 350 N/A >C3 $3,000
1120714 03/08/2023 Total Coliform, Daily Maximum
(MPN/100 mL)
[3] 240 350 N/A >C3 $3,000
Agenda Item #12.1.
Settlement Agreement and Stipulated Administrative Civil Liability, Attachment A City of St. Helena
1120751 03/08/2023 Total Coliform, 5-Sample Median
(MPN/100 mL)
[3] 23 350 N/A >C3 $3,000
1120752 03/08/2023 pH, Instantaneous Maximum (SU) [3] 8.5 8.7 N/A >C3 $3,000 1120715 03/09/2023 Total Coliform, Daily Maximum
(MPN/100 mL)
[3] 240 350 N/A >C3 $3,000
1120722 03/09/2023 pH, Instantaneous Maximum (SU) [3] 8.5 8.6 N/A >C3 $3,000 1120753 03/09/2023 Total Coliform, 5-Sample Median
(MPN/100 mL)
[3] 23 350 N/A >C3 $3,000
1120729 03/10/2023 Total Coliform, Daily Maximum
(MPN/100 mL)
[3] 240 1600 N/A >C3 $3,000
1120750 03/10/2023 Total Coliform, 5-Sample Median
(MPN/100 mL)
[3] 23 350 N/A >C3 $3,000
1120745 03/11/2023 Total Coliform, Daily Maximum
(MPN/100 mL)
[3] 240 1600 N/A >C3 $3,000
1120754 03/11/2023 Total Coliform, 5-Sample Median
(MPN/100 mL)
[3] 23 350 N/A >C3 $3,000
1120755 03/12/2023 Total Coliform, 5-Sample Median
(MPN/100 mL)
[3] 23 1600 N/A >C3 $3,000
1120757 03/12/2023 Total Coliform, Daily Maximum
(MPN/100 mL)
[3] 240 1600 N/A >C3 $3,000
1120728 03/13/2023 Total Coliform, 5-Sample Median
(MPN/100 mL)
[3] 23 1600 N/A >C3 $3,000
1120756 03/13/2023 Total Coliform, Daily Maximum
(MPN/100 mL)
[3] 240 1600 N/A >C3 $3,000
1120725 03/14/2023 Total Coliform, 5-Sample Median
(MPN/100 mL)
[3] 23 1600 N/A >C3 $3,000
1120739 03/14/2023 TSS, Weekly Average (mg/L) 1 25 37 48% >C3, S $3,000 1120758 03/14/2023 Total Coliform, Daily Maximum
(MPN/100 mL)
[3] 240 1600 N/A >C3 $3,000
1120730 03/15/2023 Total Coliform, 5-Sample Median
(MPN/100 mL)
[3] 23 1600 N/A >C3 $3,000
Agenda Item #12.1.
Settlement Agreement and Stipulated Administrative Civil Liability, Attachment A City of St. Helena
1120759 03/15/2023 Total Coliform, Daily Maximum
(MPN/100 mL)
[3] 240 1600 N/A >C3 $3,000
1120731 03/16/2023 Total Coliform, 5-Sample Median
(MPN/100 mL)
[3] 23 1600 N/A >C3 $3,000
1120760 03/16/2023 Total Coliform, Daily Maximum
(MPN/100 mL)
[3] 240 350 N/A >C3 $3,000
1120733 03/18/2023 Total Coliform, 5-Sample Median
(MPN/100 mL)
[3] 23 350 N/A >C3 $3,000
1120735 03/18/2023 BOD5, Weekly Average (mg/L) 1 25 30 20% >C3 $3,000 1120693 03/19/2023 Total Coliform, 5-Sample Median
(MPN/100 mL)
[3] 23 350 N/A >C3 $3,000
1120744 03/19/2023 Total Coliform, Daily Maximum
(MPN/100 mL)
[3] 240 1600 N/A >C3 $3,000
1120694 03/20/2023 Total Coliform, 5-Sample Median
(MPN/100 mL)
[3] 23 220 N/A >C3 $3,000
1120702 03/21/2023 Total Coliform, 5-Sample Median
(MPN/100 mL)
[3] 23 220 N/A >C3 $3,000
1120740 03/21/2023 TSS, Weekly Average (mg/L) 1 25 46 84% >C3, S $3,000 1120761 03/21/2023 Total Coliform, Daily Maximum
(MPN/100 mL)
[3] 240 350 N/A >C3 $3,000
1120703 03/22/2023 Total Coliform, 5-Sample Median
(MPN/100 mL)
[3] 23 220 N/A >C3 $3,000
1120704 03/23/2023 Total Coliform, 5-Sample Median
(MPN/100 mL)
[3] 23 350 N/A >C3 $3,000
1120726 03/23/2023 Total Coliform, Daily Maximum
(MPN/100 mL)
[3] 240 1600 N/A >C3 $3,000
1120706 03/25/2023 Total Coliform, 5-Sample Median
(MPN/100 mL)
[3] 23 130 N/A >C3 $3,000
1120736 03/25/2023 BOD5, Weekly Average (mg/L) 1 25 46 84% >C3, S $3,000 1120707 03/26/2023 Total Coliform, 5-Sample Median
(MPN/100 mL)
[3] 23 130 N/A >C3 $3,000
Agenda Item #12.1.
Settlement Agreement and Stipulated Administrative Civil Liability, Attachment A City of St. Helena
1120708 03/27/2023 Total Coliform, 5-Sample Median
(MPN/100 mL)
[3] 23 240 N/A >C3 $3,000
1120727 03/27/2023 Total Coliform, Daily Maximum
(MPN/100 mL)
[3] 240 350 N/A >C3 $3,000
1120709 03/28/2023 Total Coliform, 5-Sample Median
(MPN/100 mL)
[3] 23 220 N/A >C3 $3,000
1120695 03/29/2023 Total Coliform, 5-Sample Median
(MPN/100 mL)
[3] 23 220 N/A >C3 $3,000
1120734 03/31/2023 BOD5, Monthly Average (mg/L) 1 15 31.5 110% >C3, S $3,000 1120741 03/31/2023 TSS, Monthly Average (mg/L) 1 15 44.75 198% >C3, S $3,000 1120742 03/31/2023 TSS, Percent Removal, Monthly
Average (%) 1 85 81.1 -5% >C3 $3,000
1124672 01/13/2024 TSS, Weekly Average (mg/L) 1 20 36 80% C1, S $3,000 1124673 01/20/2024 TSS, Weekly Average (mg/L) 1 20 31 55% C2, S $3,000 1124658 01/27/2024 TSS, Weekly Average (mg/L) 1 20 30 50% C3, S $3,000 1124671 01/31/2024 Ammonia, Monthly Average (mg/L) 1 7.8 14 79% >C3, S $3,000 1124659 01/31/2024 BOD5, Monthly Average (mg/L) 1 15 22 47% >C3, S $3,000 1124665 01/31/2024 TSS, Percent Removal, Monthly
Average (%) 1 85 83.7 -2% >C3 $3,000
1124666 01/31/2024 TSS, Monthly Average (mg/L) 1 15 28.3 89% >C3, S $3,000 1124667 01/31/2024 Total Coliform, Daily Maximum
(MPN/100 mL)
[3] 240 350 N/A >C3 $3,000
1124668 01/31/2024 Total Coliform, 5-Sample Median
(MPN/100 mL)
[3] 23 110 N/A >C3 $3,000
1124670 01/31/2024 Copper, Total 2 8.3 14 69% >C3, S $3,000 1125338 02/01/2024 Total Coliform, Daily Maximum
(MPN/100 mL)
[3] 240 1600 N/A >C3 $3,000
1125346 02/01/2024 Total Coliform, 5-Sample Median
(MPN/100 mL)
[3] 23 110 N/A >C3 $3,000
1125337 02/03/2024 BOD5, Weekly Average (mg/L) 1 25 29 16% >C3 $3,000 1125344 02/18/2024 Ammonia, Daily Maximum (mg/L) 1 16 19 19% >C3 $3,000 1125343 02/21/2024 Ammonia, Daily Maximum (mg/L) 1 16 17 6% >C3 $3,000 Agenda Item #12.1.
Settlement Agreement and Stipulated Administrative Civil Liability, Attachment A City of St. Helena
1125341 02/22/2024 Ammonia, Daily Maximum (mg/L) 1 16 18 13% >C3 $3,000 1125345 02/29/2024 Ammonia, Monthly Average (mg/L) 1 7.8 15.7 101% >C3, S $3,000 1126561 03/16/2024 Total Coliform, Daily Maximum
(MPN/100 mL)
[3] 240 1600 N/A >C3 $3,000
1126564 03/20/2024 Total Coliform, 5-Sample Median
(MPN/100 mL)
[3] 23 49 N/A >C3 $3,000
1126565 03/22/2024 Total Coliform, 5-Sample Median
(MPN/100 mL)
[3] 23 41 N/A >C3 $3,000
1126563 03/23/2024 TSS, Weekly Average (mg/L) 1 20 27 35% >C3 $3,000 1126562 03/30/2024 TSS, Weekly Average (mg/L) 1 20 30 50% >C3, S $3,000 1126566 03/31/2024 TSS, Monthly Average (mg/L) 1 15 23.75 58% >C3, S $3,000 1126567 03/31/2024 Ammonia, Average Monthly (mg/L) 1 7.8 8.4 8% >C3, S $3,000 1128182 04/01/2024 Total Coliform, 5-Sample Median
(MPN/100 mL)
[3] 23 33 N/A >C3 $3,000
1128180 04/06/2024 TSS, Weekly Average (mg/L) 1 20 47 135% >C3, S $3,000 1128189 04/10/2024 Total Coliform, Daily Maximum
(MPN/100 mL)
[3] 240 1600 N/A >C3 $3,000
1128192 04/10/2024 Total Coliform, 5-Sample Median
(MPN/100 mL)
[3] 23 49 N/A >C3 $3,000
1128181 04/12/2024 Total Coliform, Daily Maximum
(MPN/100 mL)
[3] 240 1600 N/A >C3 $3,000
1128178 04/13/2024 TSS, Weekly Average (mg/L) 1 20 46 130% >C3, S $3,000 1128185 04/14/2024 Total Coliform, 5-Sample Median
(MPN/100 mL)
[3] 23 130 N/A >C3 $3,000
1128186 04/15/2024 Total Coliform, 5-Sample Median
(MPN/100 mL)
[3] 23 33 N/A >C3 $3,000
1128187 04/16/2024 Total Coliform, 5-Sample Median
(MPN/100 mL)
[3] 23 79 N/A >C3 $3,000
1128194 04/20/2024 TSS, Weekly Average (mg/L) 1 20 32 60% >C3, S $3,000 1128179 04/30/2024 TSS, Monthly Average (mg/L) 1 15 41.7 178% >C3, S $3,000 1138298 11/30/2024 Total Coliform, 5-Sample Median
(MPN/100 mL)
[3] 23 49 N/A C1 $0
Agenda Item #12.1.
Settlement Agreement and Stipulated Administrative Civil Liability, Attachment A City of St. Helena
1138299 11/30/2024 TSS, Monthly Average (mg/L) 1 15 24 60% C2, S $3,000 1138300 11/30/2024 TSS, Weekly Average (mg/L) 1 20 24 20% C3 $0 1138301 11/30/2024 Copper, Total, Monthly Average 2 8.3 9 8% >C3 $3,000 1139433 12/17/2024 Total Coliform, Daily Maximum
(MPN/100 mL)
[3] 240 540 N/A >C3 $3,000
1139432 12/19/2024 Total Coliform, Daily Maximum
(MPN/100 mL)
[3] 240 1600 N/A >C3 $3,000
1139434 12/22/2024 Total Coliform, Daily Maximum
(MPN/100 mL)
[3] 240 920 N/A >C3 $3,000
1141772 02/08/2025 BOD5, Weekly Average (mg/L) 1 25 34 36% >C3 $3,000 1141774 02/08/2025 Total Coliform, Daily Maximum
(MPN/100 mL)
[3] 240 1600 N/A >C3 $3,000
1141769 02/08/2025 Total Coliform, 5-Sample Median
(MPN/100 mL)
[3] 23 79 N/A >C3 $3,000
1141771 02/08/2025 TSS, Weekly Average (mg/L) 1 20 38 90% >C3, S $3,000 1141775 02/09/2025 Total Coliform, Daily Maximum
(MPN/100 mL)
[3] 240 1600 N/A >C3 $3,000
1141776 02/09/2025 Total Coliform, 5-Sample Median
(MPN/100 mL)
[3] 23 79 N/A >C3 $3,000
1141777 02/10/2025 Total Coliform, 5-Sample Median
(MPN/100 mL)
[3] 23 240 N/A >C3 $3,000
1141778 02/11/2025 Total Coliform, 5-Sample Median
(MPN/100 mL)
[3] 23 79 N/A >C3 $3,000
1141779 02/12/2025 Total Coliform, 5-Sample Median
(MPN/100 mL)
[3] 23 79 N/A >C3 $3,000
1141768 02/17/2025 Total Coliform, Daily Maximum
(MPN/100 mL)
[3] 240 1600 N/A >C3 $3,000
1141770 02/27/2025 Total Coliform, Daily Maximum
(MPN/100 mL)
[3] 240 1600 N/A >C3 $3,000
1141773 02/28/2025 TSS, Monthly Average (mg/L) 1 15 16.5 10% >C3 $3,000 1142635 03/29/2025 TSS, Weekly Average (mg/L) 1 15 19 27% >C3 $3,000 1142636 03/31/2025 Copper, Total, Monthly Average 2 8.3 9.7 17% >C3 $3,000 Agenda Item #12.1.
Settlement Agreement and Stipulated Administrative Civil Liability, Attachment A City of St. Helena
1143732 04/05/2025 Total Coliform, Daily Maximum
(MPN/100 mL)
[3] 240 1600 N/A >C3 $3,000
1143731 04/08/2025 pH, Instantaneous Maximum (SU) [3] 8.5 9.1 N/A >C3 $3,000 Total Mandatory Minimum Penalty: $378,000
Legend:
CIWQS = California Integrated Water Quality System database that the Water Boards use to track violations and enforcement.
Violation ID = Identification number assigned to each permit violation within CIWQS.
C = Count. Number of violations within past 180 days, including this violation. A penalty applies under Water Code section 13385(i) when the count is greater than three (>C3).
S = Serious. A penalty applies under Water Code section 13385(h) whenever an effluent limitation is exceeded by 40 percent or more for a Group 1 pollutant or 20 percent or more for a Group 2 pollutant.
Footnotes:
[1] Percent that the reported value exceeds the effluent limitation for a Group 1 or Group 2 pollutant. [2] The MMP required under Water Code section 13385(h) and/or (i). [3] Total coliform and pH are not categorized as a Group 1 or Group 2 pollutant.
CIWQS Place ID: 258386
WDID: 2 283014001
Agenda Item #12.1.
ATTACHMENT B
SUPPLEMENTAL ENVIRONMENTAL PROJECT (SEP) PROPOSAL
1. Project Name
City of St. Helena Sewer Pipeline Rehabilitation Project (Project)
2. Project Amount
$196,625
3. Project Lead
City of St. Helena
4. Contacts
· Joe Leach, PE, Assistant City Manager/Director of Public Works, [email protected],
(707) 967-2629 (office)
· Mario Traverso, Project Manager, [email protected], (707) 204-9084 (cell)
5. Project Description
The Project will replace 605 linear feet of sanitary sewer pipeline, made from vitrified clay pipe, within 300 feet of Sulphur Creek. The sections of the pipe identified for replacement are among the oldest portions of vitrified clay pipe in the project area (constructed between 1940 and 1975), are comprised of short segments (4-6 feet) with many joints, and were constructed without gaskets. Though considered in good condition, these sections of pipe are at risk of allowing groundwater inflow and infiltration, which can overwhelm the Facility. These sections are also at risk of leaking or discharging sewage. The new pipelines will be constructed with more flexible materials less prone to cracking, including polyvinyl chloride (PVC) and high-density polyethylene (HDPE). This Project will reduce the risk of inflow and infiltration into the Discharger’s sanitary sewer system, which can adversely impact effluent water quality, and reduce sewage leaching into groundwater or discharging into the nearby Sulphur Creek, a water of the United States.
6. Compliance with SEP Criteria
A SEP must possess tangible water-related environmental or public health benefits and directly benefit groundwater, surface water, or drinking water quality or quantity, and the beneficial uses of waters of the State. Such a project can include sanitary sewer system capital improvements.
A SEP must also have a nexus to the alleged violations; there must be a relationship between the nature or the location of the violation and the nature or the location of the proposed SEP. A relationship between the nature of the violation and a proposed SEP exist if the project is designed to reduce: the likelihood that similar violations will occur in the future; the adverse impact(s) Agenda Item #12.1.
Settlement Agreement and Stipulated Administrative Civil Liability, Attachment B City of St. Helena
to public health and/or the environment to which the violation at issue contributes; or the overall risk to public health and/or the environment potentially affected by the violation at issue. A nexus between the location of the violation and the proposed SEP exists if the primary benefits of the project are located at the same site where the alleged violations occurred, at a different site in the same ecosystem, or within the immediate geographic area (e.g., in the same community, the same watershed, or within a 50-mile radius).
A proposed SEP also cannot have existing financial commitments nor depend on actions or contributions from parties other than the Discharger for its completion prior to the time of settlement.
This Project meets these criteria. In terms of environmental benefits, the Project is a sanitary sewer system capital improvement project that will reduce the risk of the Discharger discharging effluent unprotective of water quality objectives to Napa River and sewage to Sulphur Creek, consistent with section V.G (Other Projects) of the SEP Policy. Preventing these discharges will protect the beneficial uses of Napa River and Sulphur Creek, including the preservation of rare and endangered species. Napa River and Sulphur Creek are habitats for federal- and State-listed threatened and endangered species, including anadromous rainbow trout, coho salmon, chinook salmon, California red legged frogs, foothill yellow legged frogs, steelhead, and the western pond turtle.
In terms of nexus, the alleged violations summarized in Attachment A impacted Napa River and were, in part, caused by inflow and infiltration to the Discharger’s sanitary sewer system. While the portions of sanitary sewer system that will be replaced are not responsible for inflow and infiltration, those portions are at risk of future inflow and infiltration that could cause similar violations and subsequent impacts to Napa River in the future.
Additionally, the Project will reduce the risk of raw sewage discharging to, and impacting, Sulphur Creek, which is within five miles of Napa River. Both Sulphur Creek and Napa River are part of the Napa River watershed.
7. Above and Beyond Discharger’s Obligations
The Discharger has no requirement to complete this Project. The portions of pipeline that will be replaced are in good condition and are not contributing to impacts at the treatment plant or at Sulphur Creek, nor are they responsible for compliance issues with the Discharger’s Permit. The Discharger has no obligation to provide financial or other support for this Project.
8. No Benefit to the Water Board Functions, Members, or Staff This SEP provides no direct fiscal benefit to the Regional Water Board’s functions, its members, its staff, or any family of its members or staff.
9. Project Milestones and Performance Measure
Agenda Item #12.1.
Settlement Agreement and Stipulated Administrative Civil Liability, Attachment B City of St. Helena
The Project is scheduled to meet the following milestones:
· Begin Design – March 2, 2026
· Complete Design – May 1, 2026
· Obtain Pre-Construction Permits – June 1, 2026
· Authorize Request for Bids – July 1, 2026
· Offer Construction Award – September 1, 2026
· Project Completion – May 3, 2027
Project performance will be measured by the total linear footage of pipeline and corresponding laterals replaced or rehabilitated.
10.Project Budget
Table 1 includes the projected cost for completing the Project.
Table 1. City of St. Helena Sewer Pipeline Rehabilitation Project
Task Total Estimated Cost
Design $ 7,500
Construction $165,625
Contingency $16,000
Inspection/Maintenance $7,500
Total $ 196,625
These costs include City of St Helena staff time to oversee the Project development, procurement, and delivery. The Discharger understands that only $196,500 (SEP Amount) can be suspended for completion of the Project per the statutory limit in Water Code section 13385, subdivision (l) and it must fund at least the $125 difference between the SEP Amount and the total cost to complete the Project. The Discharger will fund the implementation of the Project through local Measure H Funds (i.e., General Obligation Bond). The Discharger has not already committed to undertake the Project based on existing commitments of federal or state loans, contracts, grants, or other forms of financial assistance or non-financial assistance.
11.Reports to the Water Board
The Discharger shall provide quarterly updates on this Project, as described in Table 2, with the Self-Monitoring Reports (SMRs) required by Order R2-2021-0024, Attachment E section 8.2.2.1. Upon Project completion, and no later than February 1, 2027, the Discharger shall submit a standalone completion report. See Table 2 regarding due dates and specific deliverables.
Table 2. Report Deadlines
Due Date Report Description
June 1, 2026
Quarterly Report 1 – Describe Project activities from
the start of the Project through April2026. Include
documentation of the Project design. Provide an
Agenda Item #12.1.
Settlement Agreement and Stipulated Administrative Civil Liability, Attachment B City of St. Helena
explanation for any incomplete task and a list of tasks to be completed and projected completion dates.
September 1, 2026
Quarterly Report 2 – Describe Project activities during May through July 2026. Provide documentation that it
has applied for all appropriate permits from local,
State, and federal regulatory agencies, such as copies
of permit applications to the corresponding agencies.
Provide Project advertisement and documentation of
bidding initiation. Provide an explanation for any
incomplete task and a list of tasks to be completed and projected completion dates.
December 1, 2026
Quarterly Report 3 – Describe Project activities
during August through September 2026. Provide
award of construction contract and documentation of
CEQA compliance. Provide a construction schedule.
Provide an explanation for any incomplete task and a
list of tasks to be completed and projected completion
dates.
March 1, 2026
Quarterly Report 4 – Describe Project activities
during November through January 2027. Include
confirmation that construction began (e.g., a notice to proceed construction) and photographs of construction
progress. Provide an updated construction schedule or
confirm the construction timeline still aligns with the schedule submitted in Quarterly Report 3. Provide an
explanation for any incomplete task and a list of tasks to be completed and projected completion dates.
June 1, 2027
Final Completion Report – Describe Project
activities during February 2027 through May 2026,
including assessment of Complete Construction
milestone. The report shall also include a summary of
all completed tasks, final Project implementation costs, an evaluation of the Project’s success criteria (i.e.,
linear feet of pipeline replaced/rehabilitated),
photographs documenting the completed Project, and
a certified statement of SEP completion as required in
Section III, paragraph 3.b of the Stipulated Order
approving this Project as a SEP.
Agenda Item #12.1.
2nd Tier High Priority Pipeline Replacement
Category
Project Citywide
Wastewater
Project No: S26-05
Public Works
Location:
Responsible
Department:
2025-26 2026-27 2027-28 2029-30
PROJECT
TOTAL
EXPENDITURES
(Thousands of Dollars)
2028-29
Continued
Approp.
Exp/Enc as
of
2/28/2025
3110 - Design 7,500 7,500
3150 - Construction Management 7,500 7,500
3160 - Construction Contract 165,625 165,625
3170 - Contingency 16,000 16,000
EXPENDITURE TOTALS 7,500 189,125 196,625
FUNDING SOURCES
421-Go Bonds 7,500 189,125 196,625
FUNDING TOTALS 7,500 189,125 196,625
EXPENDITURE ACCOUNTS: 773-5059-
STATUS: Design
PRIORITY: Medium
PROJECT PURPOSE & DESCRIPTION:
The Project will replace/rehabilitate sanitary sewer pipeline, made from vitrified clay pipe, within 300 feet of Sulphur Creek. The scope of the improvements are NOT included in CIP No. S24-02 High Priority Pipeline replacement since the pipes have been rated with defects between 1-3.
PROJECT NOTES:
•FY26 - project authorized by Council on 11/18/25 in conjunction with settlement agreement with Water Board for violations at WWTP; initial project consists of sewer pipeline rehab on Crane Ave (from Spring St, 350' south) and Spring Street (from Crane Ave, 255' north)
93 Agenda Item #12.1.
Agenda Report to the City Council
Agenda Section: NEW BUSINESS:
Department: Public Works
DATE: November 18, 2025
FROM: Eric Janzen, Assistant Public Works Director
SUBJECT: Adopt a Resolution authorizing existing water customers in the Magnolia Oaks Subdivision to connect to their potable water service for irrigation purposes.
RECOMMENDED
ACTION:
Adopt the resolution.
PREVIOUS COUNCIL
ACTION:
The City Council adopted Resolution 2007-128 and
Resolution 2007-129 on November 13, 2007 establishing
the Magnolia Oaks Subdivision.
STATEMENT OF THE
PURPOSE:
Seek Council authorization via adoption of a Resolution to authorize existing water customers in the Magnolia Oaks Subdivision to obtain the appropriate permits to connect their existing onsite irrigation systems to the private side of their potable water service.
FINANCIAL IMPACT: None.
BACKGROUND:
The City Council adopted Resolution 2007-128 and Resolution 2007-129 on November 13, 2007 establishing the Magnolia Oaks Subdivision. Included in Resolution 2007-128 (Mitigated Negative Declaration) was a provision requiring water conservation (refer to Mitigation Measure #43). The developer elected to meet this requirement by constructing a non-potable irrigation water distribution system connected to a new groundwater well located between Lot 29 (232 Rosebud Lane) and Lot 30 (204 Rosebud Lane). A private Well/Tank Easement and Maintenance Declaration was recorded on 7/15/2013. The non-potable distribution system supplies irrigation water for domestic landscaping to all parcels within the subdivision.
The City's current Water Neutrality Policy was not in effect at the time the subdivision was approved, so a water neutrality calculation was not prepared as part of this project.
DISCUSSION:
In 2025, representatives of the Magnolia Oaks Maintenance District reported to the City that the well had failed in the previous year. The residents lack the funding to restore the well in accordance with current requirements, and they request the City Council grant authorization to use potable water for landscaping.
Granting this request will increase the amount of potable water used by the residents of this development.
Agenda Item #12.2.
The non-potable system is metered at each residence. The last full year of recordkeeping for water usage was 2023. City staff requested meter data for the purpose of determining how much water was used for irrigation on an annual basis. This data was provided in a spreadsheet; however, this record had many inconsistencies and the City was not able to reconcile the water usage. "The subdivision has a mixture of water meter types on the non-potable system. Some read in cubic feet (CF) and some in gallons (GAL). The subdivision's accounting practice applies a “multiplier” of 0.01 to all CF meters. This is not a conventional conversion factor, and it is unclear why it is applied. The GAL meters have no multiplier applied nor do these reads get converted to CF. However, selected GAL meters have a multiplier of 0.001 manually applied to the read. This multiplier is not expressly identified in the “multiplier” column [of the spreadsheet]. The accounts to which this multiplier is applied varies each billing period. It is unclear why some accounts receive the 0.001 multiplier and others do not." <excerpt from Public Works email correspondence dated 9/12/2025>
Staff then evaluated well driller's records, anecdotal reporting from residents, and construction records pertaining to the non-potable distribution system. Staff determined that the past use of the non-potable system makes it unsuitable for distributing potable water. Staff also determined that the non-potable system cannot be cleaned/refurbished for potable use. Staff did not attempt to evaluate the condition of the well.
Staff's assessment is that the non-potable distribution system is not viable.
City Attorney's assessment is that there is no legal prohibition to residents switching to potable water and that this change does not trigger a water neutrality evaluation.
Staff recommends that the well be demolished under permit from Napa County, nonpotable system be capped and all non-potable meters removed. Residents may then be permitted to connect their private non-potable lateral(s) to their existing potable water service to their non-potable lateral via a reduced pressure principal (RPP) backflow prevention device. Connection will be voluntary and require a building permit if the parcel owner elects to connect.
IMPACT ON THE CITY:
Magnolia Oaks Subdivision is 5.86 acres (255,261 sq.ft.), zoned High Density Residential with Planned Development Overlay consisting of 45 units on 31 lots.
Average lot coverage is estimated as 36%. This limits the square-footage available for landscaping to 64% of the total development or 163,367 sq.ft. Existing landscaping is drought tolerant and well established. City Staff used the CA.gov Residential Landscape Water Calculator to estimate water usage. The Calculator estimated landscape water usage for the entire development as 2,268 HCF annually. (1 HCF = 748 Gallons) Agenda Item #12.2.
The additional water demand for individual households (SFR and MFR) is expected to range between 50 HCF to 73 HCF annually or about 5.6 HCF to 8.1 HCF per month, March through November. Irrigation use during the months of December through February is expected to be 0 HCF.
RECOMMENDED CONDITIONS OF APPROVAL:
If the attached resolution is approved by Council, residents of Magnolia Oaks would need to obtain permits to modify their existing potable water services in a manner that protects the City's potable water system. Public Works has compiled a list of conditions of approval (COAs) to be applied to these permits.
1. RPP backflow preventers required and shall be installed by the property owner in accordance with City Standard.
2. Existing groundwater well will be permanently abandoned under permit from the County.
3. Existing non-potable distribution system will not be used to distribute potable water and shall be capped and abandoned in place.
4. Residents may connect their private (on parcel) irrigation system to their potable service at a point downstream of the meter.
Irrigation meter will be removed and the non-potable piping capped.
ENVIRONMENTAL REVIEW:
Council adopted Resolution 2007-128 accepting the CEQA Mitigated Negative Declaration for the subdivision.
GOAL:
Goal 2: Improve Infrastructure & Further Environmental Sustainability Goal 3: Pursue Water Security & Sustainable Management of Water Resources DOCUMENTS ATTACHMENTS:
Resolution.Magnolia Oaks Irrigation Water V2
Agenda Item #12.2.
CITY OF ST. HELENA
RESOLUTION NO. 2025-__
RESOLUTION AUTHORIZING EXISTING WATER CUSTOMERS IN
THE MAGNOLIA OAKS SUBDIVISION TO OBTAIN THE
APPROPRIATE PERMITS TO CONNECT THEIR EXISTING ON SITE
IRRIGATION SYSTEMS TO THE PRIVATE SIDE OF THEIR
POTABLE WATER SERVICE
RECITALS
A. The City Council adopted Resolution 2007-128 and Resolution 2007-129 on November 13, 2007 establishing the Magnolia Oaks Subdivision; and B. In 2025, representatives of the Magnolia Oaks Maintenance District reported to the City that the well had failed in the previous year; and C. The residents lack the funding to restore the well in accordance with current requirements, and they request the City Council grant authorization to use potable water for landscaping; and
D. Staff determined that the past use of the non-potable system makes it unsuitable for distributing potable water. Staff also determined that the non-potable system cannot be cleaned/refurbished for potable use; and
E. Staff find that existing potable water services are the only viable alternative to the non-potable distribution system; and
F. Residents of Magnolia Oaks would need to obtain permits to modify their existing potable water services in a manner that protects the City's potable water system.
RESOLUTION
NOW, THEREFORE, the City Council of the City of St. Helena resolves as follows:
1. Authorize existing water customers in the Magnolia Oaks Subdivision to obtain permits to connect to their potable water service for irrigation purposes on a voluntary basis.
2. Require the Magnolia Oaks Subdivision to permanently abandon the groundwater well under permit from the County.
3. Require the Magnolia Oaks Subdivision to remove all non-potable water meters and permanently cap non-potable water distribution piping.
4. Residents who choose to connect their private non-potable service to potable water shall install Reduced Pressure Principle (RPP) backflow prevention device(s) at their sole expense and in accordance with City Standards.
Agenda Item #12.2.
5. Residents who choose to connect their private non-potable service to potable water shall do so on the privately owned side of their potable water meter.
Approved at a Regular Meeting of the St. Helena City Council on November 18, 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 Andrew Bradley, City Clerk
Agenda Item #12.2.
Magnolia Oaks Subdivision
Request for Irrigation Water Connection
Agenda Item #12.2.
Existing Groundwater Well
Has Failed
“Purple Pipe”
System is not
Suitable for
Potable Water
Agenda Item #12.2.
Abandon the Well Under
Permit from Napa County
Agenda Item #12.2.
Remove
“Purple Pipe”
Meters
Recommend
Abandoning the “Purple
Pipe” System In-Place
Agenda Item #12.2.
Add
Backflow
Preventers
Recommend
Abandoning the “Purple
Pipe” System In-Place
Allow
Connection on
Pvt. Property
Agenda Item #12.2.
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Agenda Item #12.2.
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Agenda Item #12.2.
Re: Agenda Section: New Business- Magnolia Oaks irrigation well failure.
Greetings City Council of St. HelenaThank you for your hard work in taking care of our community! Please accept this letter as the supportive input that is intended. My comments are regarding the subject of the irrigation water in the former Magnolia Oaks project neighborhood. As you are aware, the private well that was formerly providing irrigation water to the homes in the area has failed to function since September 2024. Both the Homeowners and the Well Owner have agreed to terminate the Well easement earlier this year. While this was a private agreement, it was thought that the city would need to be involved in the termination of this arrangement. We understand that the city has stated that it does not need to be involved in this private matter.
Separately, we understand that if individual homeowners request any new connection to the potable water supply, the normal procedures for doing so will apply, according to the building code.
I hope the following observations are helpful in making a simple resolution to this agenda item.
- All properties in this neighborhood already have 2 Backflow Prevention Devices. - The Primary and permitted BFP device is for the main water connection to the home, which is inspected annually, as required. Due to the locations of these BFP’s, it would be physically impossible, illegal and counter to any logical reasoning to make a new connection of any kind between the city meter and the BFP. Any use of the potable water supply “downstream” from the main BFP should be safe from unintentionally contaminating the water supply by means of this primary BFP device. The second BFP is for the Well/Tank Purple Pipe connection that formerly serviced the city approved and drought resistant landscape design. This purple pipe system is owned and operated by the well owner up to and including the meters. I cannot think of what purpose a 3rd BFP would serve on the lots of this subdivision. - Minus access to the well water, the homeowners find themselves in the same circumstances as most properties in our city, state and beyond. They can choose to enact or continue water conservation/recycle methods as are common, encouraged and permitted throughout our community, and/or comply with the basic methods as outlined by the city.
- 13.04.221 Water Conservation from the Municipal Code already encourages and mandates conservation measures applicable to all St. Helena property owners.
Agenda Item #12.2.
- It seems that “authorization to obtain permits” is not necessary for the neighborhood. This would only arise because of a specific/voluntary homeowner request for services not already provided, like all homeowners throughout the city. - The staff recommendation is appreciated and hopefully adopted, with these clarifications:
o 1. Abandoning the well and any to work to the purple pipes and meters are the responsibility of the owner of these items.
o 2. The main water supply, meter and BFP were permitted at the initial construction. Secondary permitting is unnecessary and unclear.
Thank you for your respectful attention to this subject and I hope for a simple resolution.
Gale Muters
1381 Magnolia Ave.
St. Helena, CA
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