St. Helena City Council
November 25, 2025

Larry Walker Associates/Wastewater Regulatory Assistance FY2025/26 through FY2026/27 12 31. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
Agenda Item #10.10.

Larry Walker Associates/Wastewater Regulatory Assistance FY2025/26 through FY2026/27 13 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF ST. HELENA

AND LARRY WALKER ASSOCIATES
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF ST. HELENA LARRY WALKER ASSOCIATES
By: By:

Anil Comelo Its:

City Manager
Printed Name:

ATTEST:

By:

Ethan Walsh, City Attorney

Agenda Item #10.10.

Larry Walker Associates/Wastewater Regulatory Assistance FY2025/26 through FY2026/27 14 EXHIBIT A
Scope of Services

Agenda Item #10.10.

2246 Sixth Street
Berkeley, CA 94710
510. 883. 9873
[email protected]
www.lwa.com
LARRY WALKER ASSOCIATES 1

SCOPE OF SERVICES FOR WASTEWATER REGULATORY ASSISTANCE
November 13, 2025
Joseph Leach
City of St. Helena
1088 College Avenue
St. Helena, CA 95574
[email protected]
Subject: Scope of Services for Wastewater Regulatory Assistance Dear Joe,
As requested in recent conversations, Larry Walker Associates (LWA) is pleased to submit this scope of service for technical and regulatory assistance to the City of St. Helena in connection with its Wastewater Treatment and Reclamation Plant (WWTRP) National Pollutant Discharge Elimination System (NPDES) Permit (NPDES Permit).

The attached Wastewater Scope of Service and Stormwater Scope of Service are based on our understanding of the regulatory requirements and the City’s needs through June 30, 2027. The overall scope is structured to be flexible to assist you in accomplishing the City’s priorities over this time period.

LWA will conduct the tasks described in the Scope for a cost not to exceed $160,700 on a time and materials basis according to our standard billing rates (also attached).

Alina Constantinescu will continue to serve as Project Manager for this work. A brief description of the work effort and estimated budget is provided for each task. Work will be scheduled to meet critical regulatory deadlines conducted on a timeline mutually agreed upon by the City and LWA.

Please let me know if you have any questions. We look forward to working with you on these tasks.

Sincerely,
Alina Constantinescu, Senior Engineer
Larry Walker Associates, Inc.

Attachments: Scope of Services for City of St. Helena Wastewater Regulatory Assistance LWA Rate Schedule
Agenda Item #10.10.

PAGE 2 OF 5
SCOPE OF SERVICES FOR CITY OF ST. HELENA

WASTEWATER REGULATORY ASSISTANCE
This following Scope of Services and cost estimate describes wastewater regulatory consulting services for the City of St. Helena (City) through June 30, 2027. LWA will assist the City in meeting regulatory conditions specified by the Wastewater Treatment Plant (WWTP) NPDES and Water Reclamation Requirements (WRRs) permits, the Sanitary Sewer System Waste Discharge Requirements (SSS WDR), and the Mercury and PCBs WDR for the San Francisco Bay (Mercury and PCBs permit).

The tasks include consulting on a variety of regulatory issues, preparing regulatory compliance reports, preparing the NPDES permit renewal application and supporting the City through the permit reissuance process, conducting a Mixing Zone Study, continuing the City’s groundwater monitoring and reporting program, and auditing and updating the City’s Sewer System Management Plan (SSMP).

The Scope also includes a cost estimate, with a breakdown per task.

Task 1 – General Consulting
Under the General Consulting task, funds are allocated to assist the City with new or emerging issues that are not included under the other identified contract tasks. Activities are conducted at the direct request of the City. During previous years, this task has been used for:
• assisting staff with permit implementation questions, • addressing regulatory concerns around testing of the WWTRP upgrades, • updating the Wastewater Facilities Report and the WWTRP Contingency and Spill Prevention Plans following completion of the WWTRP upgrades, • communicating with Regional Water Board staff,
• evaluating compliance concerns and estimating mandatory minimum penalties, • reviewing and responding to Notices of Violation,
• assisting with sanitary sewer overflow reports, and
• following regulatory developments.

Task 2 – Preparation of SMRs and Annual Reports
Periodic reporting of operational information, regulatory compliance, and monitoring data is required by the WWTP NPDES permit (Order No. R2-2021-0004), the WRRs (Order No. R2-1987-090), and the Cease and Desist Order (CDO) No. R2-2016-0004. Incident reporting is required to document the occurrence, cause, and response to effluent limit violations, spills, bypasses, and unauthorized discharges. WWTRP effluent and receiving water monitoring data must be submitted online through the California Integrated Water Quality Management System (CIWQS). A cover letter and lab reports are provided with monthly data submittals to explain operational changes, identify violations of effluent limits or water quality objectives, and summarize compliance activities. Annual reporting is required to document WWTP performance and recycled water program implementation.

As requested by City staff, LWA prepares regulatory compliance reports or reviews draft reports prepared by City staff. Draft versions of all reports are provided to City staff for review and comment prior to finalizing for submittal to the San Francisco Bay Regional Water Quality Control Board (Regional Water Board).

Agenda Item #10.10.

PAGE 3 OF 5
Task 3 – Pollution Prevention Assistance
As specified in the NPDES permit, the City must undertake pollution prevention activities to reduce the amount of pollutants received at the WWTRP. Pollutants of concern (POCs) are identified by the City and the Regional Water Board and include those constituents that could cause or contribute to an exceedance of water quality objectives in the Napa River. The current POCs are mercury, copper, cyanide, ammonia, oil and grease, PCBs, and disinfection byproducts (trihalomethanes).

LWA prepares the annual Pollution Prevention reports required by the NPDES permit. A draft version of reports is submitted to City staff for review and approval before finalizing for submittal to the Regional Water Board.

This task includes monitoring and preparation of the 2025 and 2026 Pollution Prevention Reports, which are due annually by February 28. Under this task, LWA also provides regulatory assistance to understand and prescribe requirements related to permitting and regulating of potential new commercial and industrial users in the City’s sewer service area.

Task 4 – NPDES Permit Renewal Support
The City’s WWTRP NPDES permit expires May 30, 2026. In order to ensure a timely permit renewal, LWA assisted the City in preparing the NPDES permit application package, also known as the Report of Waste Discharge or ROWD in September 2025 and will continue to support the City in the permit negotiation and adoption process.

LWA will assist the City in answering any inquiries or request for additional information as the Regional Water Board prepares the permit draft. An Administrative Draft Permit is expected to be issued in Spring 2026. LWA will review the Administrative Draft to ensure proper implementation of regulations and policies and to identify any operational concerns. In consultation with City staff, LWA will prepare written comments on the Administrative Draft permit using “Track Changes” to indicate the proposed modifications and “inserted comments” to provide a rationale for the changes. An edited version of the Administrative Draft will be provided to the Regional Water Board staff for consideration. LWA will review subsequent versions of the permit, the Tentative Order NPDES permit, and the Order proposed for adoption, to verify inclusion of City comments and ensure proper implementation of regulations and policies. Formal written comments are recommended to request revisions and lay groundwork for an appeal if the requested revisions are not made.

Depending on the issues at hand, it may be beneficial for City staff to attend the permit adoption hearing and either (1) express support for the permit as-is and praise assistance from Regional Water Board staff; (2) express objection to specific and significant provisions (possibly reaching an agreement with Regional Water Board staff and Board members that was not possible without the pressure of a public forum); or (3) counter comments from other entities that may be introduced during the public hearing. LWA will work with City staff to identify potential comments for the hearing. If requested, LWA will also attend the permit adoption hearing and provide technical support to the City as needed.

Upon permit adoption, LWA will review the final, adopted order to identify changes or mistakes that could render the content of a particular provision different than originally intended. LWA will then compile a list of special studies, status reports, and monitoring requirements and prepare a schedule and compliance plan to help the City keep track of required activities during the 5-year permit term. A draft version of the compliance plan will be submitted to City staff for review and approval prior to finalizing.

Task 5 – Mixing Zone Study
In 2010, LWA conducted an effluent mixing zone / dilution credit study to characterize mixing and associated dilution of effluent discharges from the WWTRP into the Napa River. The study was updated for the WWTRP 202 NPDES permit renewal in 2021. In the 2025-2026 NPDES renewal cycle, LWA will Agenda Item #10.10.

PAGE 4 OF 5
re-evaluate the mixing zone characteristics and, in consultation with the Regional Water Board, determine whether an update is necessary upon the completion of the MBR installation. This task includes the consultation with the Regional Water Board as well as the Mixing Zone Study Update, if one is deemed necessary.

Task 6 – Sanitary Sewer Management Plan (SSMP) Update
The Sanitary Sewer System WDRs were reissued in December 2022 with an effective date of June 5, 2023 (Order No. WQ 2022-0103-DWQ). Among other provisions, the new Order requires an Internal Audit of the City’s Sanitary Sewer Management Plan (SSMP) and an update to the SSMP itself. LWA completed the Internal Audit in October 2025; as part of this scope, LWA will update the SSMP to address the Audit findings and ensure that the document is in compliance with the 2022 WDR requirements. The SSMP must be updated and re-certified by City Council by May 2, 2026.

LWA will work with City staff to obtain information needed for the SSMP update and submit an SSMP Draft to City staff for review and approval before finalizing for upload to the CIWQS online database. If requested, LWA will also assist the City with facilitating City Council certification of the SSMP by preparing a summary for the Council agenda.

Task 7 – Groundwater Monitoring and Reporting
LWA has been assisting the City with conducting quarterly groundwater monitoring, as required the WWTRP 2016 CDO and a related 2016 Notice of Violation. In April 2025, the Regional Water Board issued a new Water Code Section 13267 Directive, reducing the groundwater monitoring and reporting requirements from quarterly to semi-annually. The monitoring is needed to assess how/if the WWTRP irrigation of the nearby spray fields impacts the groundwater quality near the field. The monitoring is conducted per procedures developed in the St. Helena Monitoring Well Installation and Monitoring Network Workplan (August 2017).

LWA collects groundwater and WWTRP effluent samples for a series of required constituents (total coliform, total dissolved solids (TDS), biological oxygen demand (BOD), total suspended solids (TSS), electrical conductivity (EC), total Kjeldahl nitrogen (TKN), ammonia as N, nitrate as N, chloride, and pH) and contract with Caltest Analytical Laboratories for the sample analyses. Groundwater levels and monitoring well depths are also measured during each event, concurrently with the collection of groundwater quality samples.

Subsequently, LWA reviews the analytical data and prepares the groundwater monitoring reports for submittal to the Regional Water Board. The reports contain tabulation and interpretation of groundwater levels, groundwater flow directions, groundwater and applied effluent quality, and related hydrogeologic data. Additionally, statistical relationships of downgradient wells monitoring data relative to background concentrations are updated annually.

This task includes analytical costs and development of the semi-annual report for the second half of 2025 (sampling was completed in October 2025), as well as sampling, lab costs, and development of an additional three semi-annual groundwater reports that are required over the contracting period (two reports in 2026 and one report for the first half of 2027).

Task 8 – Project Management
Activities under this task include project coordination, contract administration, budget review, and participation in project status meetings, if needed. All meetings are coordinated through conference calls.

LWA will provide sufficient project management to ensure that the work is completed on time and consistent with the scope noted above and monthly invoices are provided to the City.

Agenda Item #10.10.

PAGE 5 OF 5

COST ESTIMATE
LWA will conduct the tasks described above for a cost not to exceed $160,700 on a time and materials basis according to our standard billing rates (attached). A cost breakdown for each task is shown below.

Proposed Budget
Task Proposed Cost
Task 1 – General Consulting $ 11,400
Task 2 – Preparation of SMRs and Annual Reports $ 64,800 Task 3 – Pollution Prevention Assistance $ 10,000
Task 4 – NPDES Permit Renewal Support $ 10,500
Task 5 – Mixing Zone Study $ 3,500
Task 6 – SSMP Update $ 10,000
Task 7 – Groundwater Monitoring and Reporting $ 42,500
Task 8 – Project Management $ 8,000
Total $160,700
Agenda Item #10.10.

LARRY WALKER ASSOCIATES, INC.

Rate Sheet Effective July 1, 2025 – June 30, 2026
Note:(1) Chargedwhen overnightlodging is required.U.S.General ServicesAdministration rates specified by location of work at gsa.gov

REIMBURSABLE COSTS
Travel
Local Mileage Current IRS Rate
AutoRental Actual Expense
Room Actual Expense
Subsistence and Per Diem Meals (1) Current GSA Rate
Breakfast Current GSA Rate
Lunch Current GSA Rate
Dinner Current GSA Rate
Incidentals Current GSA Rate
Report Reproduction and Copying
Per Color Copy, In-House $0.89
Per Black and White Copy, In-House $0.08
Per Binding, In-House $1.95
Special Postage and Express Mail Actual Expense
Third-Party Material Preparation Actual Expense
OtherDirect Costs Actual Expense
Daily Equipment Rental Rates (Daily Rate)
Single Parameter Meters & Equipment $30.00
Digital Flow Meter $60.00
Multi-Parameter Field Meters & Sondes $100.00
RTK-GPS, River Surveyor, Tracer Study Equipment $250.00 Multi-Parameter Continuous Remote Sensing $40.00
Field Rig (Field Vehicle and All Equipment) $200.00
Subcontractors ActualExpense Plus 10% Fee

TITLE HOURLY RATE
Administrative $82
Contract Administrator $155
AR/AP Manager $155
Graphic Designer $142
Project Level I-C $150
Project Level I-B $176
Project Level I-A $202
Project Level II-B $221
Project Level II-A $248
Senior I $269
Senior II $289
Associate I $304
Associate II $324
Vice President $342
Executive Vice President $357
Senior Executive $368
President $368
Agenda Item #10.10.

Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: November 25, 2025
FROM: Stephanie Killingsworth, Public Works Financial Analyst SUBJECT: Consideration and Approval of a Resolution Authorizing the City Manager to Execute a Professional Services
Agreement with Hach Company for the 2026 Service
Partnership at the Water Treatment Plant for an Amount
Not-to-Exceed $18,872.

RECOMMENDED
ACTION:

Staff recommends approval of the attached Resolution.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
PURPOSE:

To authorize execution of a Professional Services
Agreement with Hach Company for the renewal of the
City's annual Service Partnership, which provides essential maintenance, calibration, and technical support for waterquality instrumentation at the Water Treatment Plant.

FINANCIAL IMPACT: The total financial impact is an amount not-to-exceed $18,872. Sufficient funding is currently available within the Water Operations Budget in Other Contract Services.

BACKGROUND:

The City of St. Helena's Louis Stralla Water Treatment Plant relies on multiple Hachbrand laboratory and field analyzers for regulatory and operational monitoring. These instruments include turbidimeters, spectrophotometers, chlorine analyzers, and dissolved-oxygen probes that are critical to maintaining drinking-water quality and meeting State Water Resources Control Board requirements.

Since 2020, the City has maintained a Service Partnership Agreement with Hach Company to provide annual preventative maintenance, calibration, and technical support. The agreement minimizes downtime, ensures data accuracy, and preserves warranty coverage on critical equipment.

DISCUSSION:

The proposed 2026 Hach Service Partnership Agreement continues the City's annual Service Partnership with Hach Company at a total cost of $18,872.

Under the agreement, Hach will provide preventive maintenance and calibration for all covered instruments (TU5300 turbidimeters, SC200 controllers, CL17 analyzers, DR series spectrophotometers, and LDO probes).

Agenda Item #10.11.

These services are essential to maintaining uninterrupted operations at the Water Treatment Plant, ensuring water-quality compliance and reducing the risk of costly equipment failures or downtime.

ENVIRONMENTAL REVIEW: Not a CEQA Project.

GOAL:

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

Resolution HACH 2026
Hach PSA 11_20_2025_TD signed
Agenda Item #10.11.

CITY OF ST. HELENA
RESOLUTION NO. 2025-__

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE

A PROFESSIONAL SERVICES AGREEMENT WITH HACH
COMPANY FOR THE FY2026 SERVICE PARTNERSHIP AT THE

WATER TREATMENT PLANT IN AN AMOUNT NOT-TO-EXCEED
$18,872.

RECITALS
A. The City of St. Helena operates the Louis Stralla Water Treatment Plant and relies on Hach-brand laboratory and field instrumentation to perform water-quality analysis for regulatory and operational purposes; and
B. Since 2020, the City has maintained a Service Partnership Agreement with Hach Company to provide preventive maintenance, calibration, technical support, and firmware updates for its analytical instruments; and
C. The continuation of this Service Partnership is necessary to ensure reliable operation of the City’s water-quality instrumentation, minimize downtime, and maintain compliance with State Water Resources Control Board requirements; and
D. Staff recommends that the City Council authorize execution of a Professional Services Agreement with Hach Company for the FY2026 Service Partnership in an amount not-to-exceed $18,872.

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

1. Authorizes the City Manager to execute a Professional Services Agreement with Hach Company for the FY2026 Service Partnership at the Louis Stralla Water Treatment Plant in an amount not-to-exceed $18,872.

2. Funding is as follows:

Description Fund/Funding
Source
Expense
GL Account
Amount
Water Treatment Plant
Other Contract Services
561 – Water
Enterprise 561-50-34-21-45 $18,872
Agenda Item #10.11.

Approved at a Regular Meeting of the St. Helena City Council on November 25, 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 #10.11.

1 CITY OF ST. HELENA

PROFESSIONAL SERVICES AGREEMENT
HACH Service Partnership FY2026
This Agreement is made and entered into as of November 18, 2025 by and between the City of St. Helena, a public agency organized and operating under the laws of the State of California (“City”), and HACH, a corporation with its principal place of business at 5600 Lindbergh Drive, Loveland, CO 80539-0389 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

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

Hach Service Partnership 2026 (hereinafter referred to as “the Project”).

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

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

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

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

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $18,872.00. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

3. Additional Work.

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a Agenda Item #10.11.

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

4. Maintenance of Records.

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

5. Term.

The term of this Agreement shall be from November 21, 2025, to November 21, 2026, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). The Notice to Proceed shall set forth the date of commencement of work.

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

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

8. Standard of Care; Performance of Employees
Agenda Item #10.11.

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

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

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

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

Agenda Item #10.11.

4 (1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
Agenda Item #10.11.

5 (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.

This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

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

Agenda Item #10.11.

6 f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
Agenda Item #10.11.

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

Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify Agenda Item #10.11.

8 shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
c. To the furthest extent permitted by law, in no event shall either party be liable for any indirect, special or consequential damages that do not arise out of, relate to, or are not incident to damages incurred by third-parties. To the furthest extent permitted by law, each Party’s aggregate liability under the Agreement that does not arise out of, relate to, or is not incident to damages incurred by third-parties shall be limited to an amount equal the fees paid to Consultant in the prior twelve months period.

13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility Agenda Item #10.11.

9 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.

14. Safety.

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

15. Verification of Employment Eligibility.

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

16. INTENTIONALLY DELETED

17. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California.

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

18. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs Agenda Item #10.11.

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

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

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

21. Limitation of Agreement.

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

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

Agenda Item #10.11.

11 CITY:

City of St. Helena
1088 College Avenue, St. Helena, CA 94574
Attn: Joseph Leach, Public Works Director
CONSULTANT:

HACH Company
2207 Collections Center Dr.

Chicago, IL 60693
and shall be effective upon receipt thereof.

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

24. Equal Opportunity Employment.

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

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

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

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

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

Agenda Item #10.11.

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

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

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

32. Warranty
Consultant warrants to City that each of the Goods conforms to its written warranty set forth in its user manual in effect on the date of purchase, or, if there is no express warranty therein, that each of the Goods will be free from defects in material and workmanship and will conform to the manufacturer’s quoted specifications for twelve (12) months from delivery. Warranties do not extend to consumable items such as, without limitation, reagents, batteries, mercury cells, and light bulbs. Consultant warrants that it will perform all Services in accordance with its standard practices and that the Services will be free from defects in workmanship for a period of ninety (90) days from their date of performance. If Consultant breaches this warranty and the City notifies Consultant of such breach, Consultant shall, at its option, either replace or repair the nonconforming Goods, or re-perform any nonconforming Services, or refund the amounts paid by Customer to Consultant for the nonconforming Goods and/or Services. THIS IS THE EXCLUSIVE REMEDY FOR ANY BREACH OF WARRANTY. CONSULTANT EXPRESSLY DISCLAIMS ANY REMEDIES OF “COVER” AND ANY WARRANTIES IMPLIED BY LAW,

INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
[SIGNATURES ON FOLLOWING PAGE]
Agenda Item #10.11.

13 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF ST. HELENA

AND HACH COMPANY
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF ST. HELENA Hach Company
By: By:

Anil Comelo Its:

City Manager
Printed Name:

ATTEST:

By:

Ethan Walsh, City Attorney
Contract Term Specialist
Theresa Duginski
Agenda Item #10.11.

14 EXHIBIT A
Scope of Services
Agenda Item #10.11.

HACH SERVICE PARTNERSHIP

QUOTATION
Page :

Partnership Number :
1 of 8
HACH1688852
Headquarters
P.O. Box 389
5600 Lindbergh Drive
Loveland, CO 80539-0389
Purchase Orders
WebSite: www.hach.com Remittance
2207 Collections Center Dr
Chicago, IL 60693
Wire Transfers
Bank of America
231 S. LaSalle St.

Chicago, IL 60604
Account: 8765602385
Routing (ABA): 026009593

Partnership Number : HACH1688852 Version : 0.18 Quotation Date : 04-SEP-25 Expiration Date : 03-DEC-25
Hach Company
Contact : Granger, Angela
Service Partnership
Phone :
+1
970-669-3050
Service Partnership
Email : [email protected]
Customer Ref : RENEWAL QUOTE Customer Contact : GARDETTE, DARREN Customer Phone : 3120940 Customer Fax : Customer Email : [email protected] Bill-To Account # 108077 Ship-To Account # 108077
Customer Name CITY OF ST HELENA Customer
Name
CITY OF ST HELENA Payment Terms: Net 30
Address4 Address4 LOUIS STRALLA WATER
PLANT
Billing Method: Annual-Invoices on
START Date
Address1 1088 COLLEGE AVE Address1 410 CRYSTAL SPRINGS RD Currency: USD Address2 Address2
Address3 Address3
City,State,
PostalCode
SAINT HELENA-CA-94574 City,State,
Postalcode
SAINT HELENA-CA-94574
Province/
Country
US Province/
Country
US
Line Service Name Line Total
Covered Product Start Date End Date Description/Serial Number 1 FSPTU53XX - 4 VISIT 22-NOV-25 21-NOV-26 Fld Svc TU53XX 4 VST:22-NOV-2025:21-NOV-2026
Field Service includes: All parts,
labor, and travel for on-site repairs,
4 on-site calibrations per year,
factory recommended maintenance
(including required parts), unlimited
technical support calls, and free
firmware updates.
4,532.00

1.1 LXV445.99.10112 KTO:US TU5300sc TURB,EPA ;
1761595

1.2 LXV445.99.10112 KTO:US TU5300sc TURB,EPA ;
1761387
Agenda Item #10.11.

HACH SERVICE PARTNERSHIP

QUOTATION
Page :

Partnership Number :
2 of 8
HACH1688852
Headquarters
P.O. Box 389
5600 Lindbergh Drive
Loveland, CO 80539-0389
Purchase Orders
WebSite: www.hach.com Remittance
2207 Collections Center Dr
Chicago, IL 60693
Wire Transfers
Bank of America
231 S. LaSalle St.

Chicago, IL 60604
Account: 8765602385
Routing (ABA): 026009593

1.3 LXV445.99.13112 db TU5300sc
TURB,SYSCHK,RFID,EPA ;
2080361

1.4 LXV445.99.10112 KTO:US TU5300sc TURB,EPA ;
1953862
2 FSPSS7 22-NOV-25 21-NOV-26 Fld Svc-2V Surface Scatter 7:22-NOV-2025:21-NOV-2026
2,554.00

2.1 LPV431.99.00002 SS7 HACH SENSOR ASSY ;
190900001877

2.2 LPV431.99.00002 SS7 HACH SENSOR ASSY ;
220600001903
3 BSPPLUSDR6000 22-NOV-25 21-NOV-26 BenchPlus-DR6000:22-NOV-2025:
21-NOV-2026
The Bench Service Plus includes:

Factory repairs only, one Start-up
or one PM/Calibration on site per
year, unlimited technical support
calls and free software upgrades
on your instrument. Travel is
included for one on-site visit.

Additional visits may be billable.
1,805.00

3.1 LPV441.99.00012 db DR 6000 UV VIS

SPECTROPHOTOMETER W RFID
TECHNOLOGY ; 2148319
4 BSPPLUSDR900 22-NOV-25 21-NOV-26 BenchPlus-DR900:22-NOV-2025:2 1-NOV-2026
The Bench Service Plus includes:

Factory repairs only, one Start-up
or one PM/Calibration on site per
year, unlimited technical support
calls and free software upgrades
on your instrument. Travel is
included for one on-site visit.

Additional visits may be billable.
365.00

4.1 9385100 DR 900 COLORIMETER, HACH ;
221456601027DUP0
5 BSPPLUS2100Q 22-NOV-25 21-NOV-26 BenchPlus-2100Q:22-NOV-2025:2 1-NOV-2026
The Bench Service Plus includes:

Factory repairs only, one Start-up
or one PM/Calibration on site per
year, unlimited technical support
calls and free software upgrades
on your instrument. Travel is
included for one on-site visit.

Additional visits may be billable.
538.00
Agenda Item #10.11.

HACH SERVICE PARTNERSHIP

QUOTATION
Page :

Partnership Number :
3 of 8
HACH1688852
Headquarters
P.O. Box 389
5600 Lindbergh Drive
Loveland, CO 80539-0389
Purchase Orders
WebSite: www.hach.com Remittance
2207 Collections Center Dr
Chicago, IL 60693
Wire Transfers
Bank of America
231 S. LaSalle St.

Chicago, IL 60604
Account: 8765602385
Routing (ABA): 026009593

5.1 2100Q01 2100Q PORTABLE
TURBIDIMETER ; 20030C084627
6 FSPSC4500 22-NOV-25 21-NOV-26 Field Service Partnership, SC4500, 1 Visit:22-NOV-2025:21-NOV-2026
Field Service Partnership provides
full coverage, including parts, labor,
and travel for one preventative
maintenance visit per year and
on-site repairs with priority status.
692.00

6.1 LXV525.99A1B541 SC4500 w/o plug Prognosys
LAN+mAOutput 1 dig Sensor 1mA
Input ; 2332590

6.2 LXV525.99E11551 SC4500 USplug Prognosys
mAOutput 2 digital Sensors ;
NOSN320893714
7 FSPSC200 22-NOV-25 21-NOV-26 Fld Svc-1V SC200
Controller:22-NOV-2025:21-NOV-2
026
1,968.00

7.1 LXV404.99.00502 sc200 CONTROLLER, AC-DC,
DIG,HACH ; 1811C0190653

7.2 LXV404.99.00552 nn ff sc200 CONTROLLER,
AC-DC, 2 DIG, HACH ;
220266022069

7.3 LXV404.99.00502 sc200 CONTROLLER, AC-DC,
DIG,HACH ; 1912C0206629

7.4 LXV404.99.00502 sc200 CONTROLLER, AC-DC,
DIG,HACH ; 1710C0161437

7.5 LXV404.99.00502 sc200 CONTROLLER, AC-DC,
DIG,HACH ; 1710C0161439

7.6 LXV404.99.00552 nn ff sc200 CONTROLLER,
AC-DC, 2 DIG, HACH ;
220166010358
8 FSPCLX10 22-NOV-25 21-NOV-26 Fld Svc-2V CLx10 (free or total):22-NOV-2025:21-NOV-2026
Field Service Partnership includes
all parts, labor, and travel for
on-site repairs, 2 on-site
calibrations per year, factory
recommended maintenance
(including required parts), unlimited
technical support calls, and free
firmware updates. Coverage does
not include the sc200 or optional
pH probe.
1,825.00
Agenda Item #10.11.

HACH SERVICE PARTNERSHIP

QUOTATION
Page :

Partnership Number :
4 of 8
HACH1688852
Headquarters
P.O. Box 389
5600 Lindbergh Drive
Loveland, CO 80539-0389
Purchase Orders
WebSite: www.hach.com Remittance
2207 Collections Center Dr
Chicago, IL 60693
Wire Transfers
Bank of America
231 S. LaSalle St.

Chicago, IL 60604
Account: 8765602385
Routing (ABA): 026009593

8.1 9180600 PANEL ASSY, AMPEROMETRIC
CHLORINE, ENGLISH ;
220345011983
9 FSPTL23XX 22-NOV-25 21-NOV-26 Fld Svc TL23XX 1
VST:22-NOV-2025:21-NOV-2026
Field Service includes: All parts,
labor, and travel for on-site repairs,
1 comprehensive PM/calibrations
per year, factory recommended
maintenance (including required
parts), unlimited technical support
calls, and free firmware updates.
790.00

9.1 LPV4449900120 KIT, TL2310 LAB TURBIDIMETER,
ISO, NA ; 2022120C0033
10 FSPCL17SC 22-NOV-25 21-NOV-26 aa Field Service Partnership, CL17sc:22-NOV-2025:21-NOV-202
6 Field Service Partnership provides
full coverage, including parts, labor,
and travel for two preventative
maintenance visits per year and
on-site repairs with priority status.
1,222.00

10.1 8572400 ee TOP LEVEL ASSY, CL17sc,
PRESS.REG INSTALL KIT ;
222310010700
11 FSPTUACM 22-NOV-25 21-NOV-26 Fld Svc TU Automatic Cleaning Module:22-NOV-2025:21-NOV-202
6 MUST BE SOLD WITH A
TU53/TU54 INSTRUMENT. Field
Service includes: All parts, labor,
and travel for on-site repairs, 1
comprehensive PM/calibrations per
year, factory recommended
maintenance (including required
parts), unlimited technical support
calls, a
798.00

11.1 LQV159.97.00002 db Automatic Cleaning Module TU5
(ROW) ; 2363395

11.2 LQV159.97.00002 db Automatic Cleaning Module TU5
(ROW) ; 2363615

11.3 LQV159.97.00002 db Automatic Cleaning Module TU5
(ROW) ; 2363614
12 BSPPLUSDR3900 22-NOV-25 21-NOV-26 BenchPlus-DR3900:22-NOV-2025:
21-NOV-2026
The Bench Service Plus includes:
1,118.00
Agenda Item #10.11.

HACH SERVICE PARTNERSHIP

QUOTATION
Page :

Partnership Number :
5 of 8
HACH1688852
Headquarters
P.O. Box 389
5600 Lindbergh Drive
Loveland, CO 80539-0389
Purchase Orders
WebSite: www.hach.com Remittance
2207 Collections Center Dr
Chicago, IL 60693
Wire Transfers
Bank of America
231 S. LaSalle St.

Chicago, IL 60604
Account: 8765602385
Routing (ABA): 026009593
Factory repairs only, one Start-up
or one PM/Calibration on site per
year, unlimited technical support
calls and free software upgrades
on your instrument. Travel is
included for one on-site visit.

Additional visits may be billable.

12.1 LPV440.99.00012 db aa DR3900

SPECTROPHOTOMETER WITH
RFID ; 2106377
13 BSPPLUSDR300 22-NOV-25 21-NOV-26 Bench Service Partnership, DR300, 1V:22-NOV-2025:21-NOV-2026
BenchPlus Service Partnership
provides full coverage, including
one annual on-site preventative
maintenance/calibration visit and
repairs at the Hach Service Center.

Unlimited technical support calls
and free firmware updates are also
included.
163.00

13.1 LPV445.97.00110 DR300 - Chlorine, Free + Total,
w.Box, Pocket Colorimeter ;
19010A002019
14 FSPLDO2 22-NOV-25 21-NOV-26 Fld Svc LDO2 - 1
visit:22-NOV-2025:21-NOV-2026
Field Service Partnership provides
full coverage, including one on-site
annual preventative
maintenance/calibration service
and probe replacement upon
failure.
502.00

14.1 9020000 ASSY, PROBE, LDO MODEL 2,
HACH ; 200160000045
Sub Total : 18,872.00
Tax: 0.00
Total : 18,872.00
Partnership Notes :

All purchases of Hach Company products and/or services are expressly and without limitation subject to Hach Company's Terms & Conditions of Sale ("Hach TCS"), incorporated herein by reference and published on Hach Company's website at www.hach.com/terms . Hach TCS are incorporated by reference into each of Hach's offers or quotations, order acknowledgments, and invoice and shipping documents. The first of the following acts shall constitute an acceptance of Hach's offer and not a counteroffer and shall create a contract of sale ("Contract") in accordance with the Hach TCS, subject to Hach's final credit approval: (i) Buyer's issuance of a purchase order document against Hach's offer or quotation; (ii) Hach's acknowledgement of Buyer's order; or (iii) commencement of any performance by Hach in response to Buyer's order. Provisions contained in Buyer's purchase documents that materially alter, add to or subtract from the provisions of these Terms and Conditions of Sale shall be null and void and not considered part of the Contract This Contract will automatically renew at the End Date for a period of one year, and at the anniversary of the End Date, unless the Buyer notifies Hach in writing by no later than ninety days before the End Date.

Agenda Item #10.11.

Agenda Report to the City Council
Agenda Section: PUBLIC HEARINGS
Department: Administration/Planning
DATE: November 25, 2025
FROM: Ethan Walsh, City Attorney
SUBJECT: Introduction and waive the first reading of a proposed ordinance amending Sections 1.12.200, 17.05.100,

17.32.010, and 17.32.020 of the St. Helena Municipal
Code pertaining to the enforcement regulations for ShortTerm Rentals.

RECOMMENDED
ACTION:

1. Find that the proposed changes to Chapters 1.12,

17.05, and 17.32 of the St. Helena Municipal Code are
exempt from CEQA Guideline 15061 (b)(3); and

2. Introduction and waive the first reading of a proposed ordinance (ZOA 25-004) amending Sections 1.12.200,

17.05.100, 17.32.010, and 17.32.020 of the St. Helena
Municipal Code.

PREVIOUS COUNCIL
ACTION:
n/a

STATEMENT OF THE
PURPOSE:

To amend the short-term rentals ordinance to more
effectively enforce violations of the code.

FINANCIAL IMPACT: There is no direct fiscal impact of adoption of this ordinance.

BACKGROUND:

Staff and the City Attorney’s office have undertaken a review of the city’s short-term rental ordinance in an effort to more efficiently regulate short-term rentals within the city.

As a result of that review, various amendments detailed in this report and shown in the attached draft ordinance are proposed by Staff and the City Attorney’s office.

On October 21, 2025, the Planning Commission recommended the City Council approve the proposed ordinance amendments (4-0) and this item is now being considered by the City Council.

DISCUSSION:

1. Amendment of Section 1.12.200
As currently written, Section 1.12.200 states that individuals seeking review of a decision of the city in court have thirty (30) days to file such an action. Civil Code Section 1094.6 provides for ninety (90) days to file such an action and Government Code Section 53069.4 provides limited circumstances where the period to file an action can be limited to twenty (20) days where that shorter limit is imposed by an ordinance that follows the procedures outlined in that Agenda Item #11.1.

Government Code Section. Section 1.12.200 is proposed to be revised to bring it into compliance with the timeline described in Civil Code Section 1094.6.

2. Amendment of Section 17.05.100
Amendments to Section 17.05.100 are primarily aimed at clarifying the permitting of short-term rentals. The modifications to Subsection B of Section 17.05.100 explicitly provide for the requirement to have a valid short-term rental permit in order to operate a short-term rental and detail the application process for obtaining or renewing a short-term rental permit.

Changes to Subsection K of Section 17.05.100 clarify the administrative citation process the city follows when undertaking enforcement of violations of the shortterm rental ordinance, clarify cross references to other sections of the municipal code relevant to the enforcement of the short-term rental ordinance, and clarify how violations are counted for ongoing violations of the short-term rental ordinance.

Additional modifications to Section 17.05.100 clarify how the radius for notice of public hearing for short-term rental permit applications, clarify that failure to renew a short-term rental permit result in automatic termination of the permit, and various other minor textual clarifications.

3. Amendment of Section 17.32.010
The definition of “Responsible Person” has been moved from Section 17.05.100- K to the general definitions section for the Zoning Code to clarify that the definition is applicable to all portions of the Zoning Code and to be generally consistent with how defined terms are located within the Zoning Code.

4. Amendment of Section 17.32.020
A definition of “Transient Occupancy Use” has been added to the definition of uses section of the Zoning Code to clarify that “Transient Occupancy Use” is synonymous with the term “Short-Term Rental.”
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:

St. Helena STR Ordinance Revisions
Agenda Item #11.1.

83578.00008\43325218.3
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ST. HELENA AMENDING SECTIONS 1.12.200, 17.05.100, 17.32.010, AND 17.32.020 OF THE CITY OF ST. HELENA MUNICIPAL CODE (ZOA 25-004) REGARDING

SHORT TERM RENTALS
WHEREAS, the City of St. Helena, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the City desires to amend Sections 1.12.200, 17.05.100, 17.32.010, AND 17.32.020 of the St. Helena Municipal Code (“SHMC”); and WHEREAS, staff and the City Attorney prepared the proposed ordinance, including the proposed language and terminology, and any additional information and documents deemed necessary for the City Council to take action; and WHEREAS, on October 21, 2025, the Planning Commission held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning the proposed ordinance and municipal code amendments, and by a vote of 4-0 adopted Resolution No. PC2025-__ recommending that the City Council adopt the proposed ordinance and finding that no environmental review is required under CEQA; and
WHEREAS, the City gave public notice of the public hearing before the City Council for the proposed ordinance by publishing in the Napa Valley Register in accordance with applicable law; and
WHEREAS, on November 18, 2025, the City Council held a duly-noticed public hearing and considered the staff report, recommendation by the Planning Commission, recommendation by staff, and public testimony concerning the proposed ordinance; and WHEREAS, all other legal prerequisites to the adoption of this ordinance have occurred.

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

Section 1: Recitals
The Recitals set forth above are true and correct and are incorporated into this Ordinance.

Section 2: Amendment to SHMC Section 1.12.200
Agenda Item #11.1.

83578.00008\43325218.3
Section 1.12.200 of the St. Helena Municipal Code is hereby amended to read as follows (new language is underlined, deletions are in strikeout):

1.12.200 Limitation on filing judicial action.

Any court action or proceeding to review or challenge the city council’s decision and order of abatement as reflected in its resolution shall be barred unless it is commenced within thirty (30) ninety (90) days of the date of service of the resolution, and the resolution shall contain a statement so advising the appellant(s) of this time limit on seeking judicial review. No action or proceeding to review or challenge an abatement order or decision shall be permitted unless each ground or basis for such action or proceeding first has been asserted to the hearing officer and council pursuant to the procedures set forth in Sections 1.12.170 and 1.12.180.

Section 3: Amendment to SHMC Section 17.05.100
Section 17.05.100 of the St. Helena Municipal Code is hereby amended to read as follows (new language is underlined, deletions are in strikeout):

17.05.100 Short Term Rental Ordinance
A. Purpose.

1. The city council finds that unregulated transient occupancy uses (i.e., short-term rentals) in residential and agricultural districts present a threat to the public welfare.

2. The purposes of the short-term rental regulations are to:
a. Establish a permitting process and appropriate restrictions and standards for short-term rental of single-family dwellings;
b. Provide a visitor experience and accommodation as an alternative to the hotel, motel, and bed and breakfast accommodations currently existing in the city;
c. Ensure the collection and payment of transient occupancy taxes; d. Minimize the negative secondary effects of short-term rental use on surrounding residential neighborhoods; and
e. Retain the character of the neighborhoods in which any such use occurs.

Agenda Item #11.1.

83578.00008\43325218.3

3. The short-term rental regulations are not intended to regulate hotels and bed and breakfast inns that do not qualify as short-term rentals.

4. The short-term rental regulations are not intended to provide any owner of residential property with the right or privilege to violate any private conditions, covenants and restrictions applicable to the owner’s property that may prohibit the use of such owner’s residential property for short-term rental purposes as defined in this section.

5. The city council also finds that the adoption of a comprehensive ordinance regulating the issuance of and operating conditions attached to short-term rental permits is necessary to protect the public health, safety and welfare. The purposes of the short-term rental permit regulations are to:
a. Provide a permit system and to impose operational requirements in order to minimize the potential adverse impacts of transient uses in residential neighborhoods and zoning districts on traffic, noise and density; b. Ensure the health, safety and welfare of renters and guests patronizing shortterm rentals; c. Impose limitations on the total number of permits issued in order to ensure the long-term availability of the affordable housing stock; and d. Provide for robust enforcement remedies and penalties to prevent and deter violations of this section and unjust enrichment by those who violate this section.

B. Application Requirements Permit Requirement.

1. Permit Required. Operation of a short-term rental shall require a short-term rental permit. It shall be unlawful to operate a short-term rental without a short-term rental permit.

2. Application. An A property owner or responsible person may seek a short-term rental permit through an application for a new short-term rental permit or a renewal of an existing short-term rental permit shall be prepared, filed, and processed in compliance with through the process described in Section

17.04.020, Application process.

3. Responsibility. It is the responsibility of the applicant property owner or responsible person submitting an application to provide information on the proposed use that support the findings described in subsection D of this section.

C. Public Hearing and Procedures.

Agenda Item #11.1.

83578.00008\43325218.3

1. The planning commission shall hold a public hearing for discretionary review for a new short-term rental application. The public hearing shall be properly noticed in compliance with Section 17.04.080, Public hearing notice.

2. The public hearing notice shall:
a. Contain a description of the proposed short-term rental operation, parking on the site, and number of bedrooms to be used for short-term rental use, together with a location map identifying the short-term rental dwelling lot in relationship to all other lots within a three hundred (300) foot distance, measured from property boundary to property boundary.
b. State that the noticed owners may file a written protest against the proposed short-term rental use with the community development director; provided, that the protest is postmarked or received within fourteen (14) days of the mailing of the notice of application.

3. The planning commission shall hold a public hearing on an application for a short-term rental permit and shall, at the conclusion of the public hearing, approve (with or without conditions), or deny the application in compliance with this code.

D. Findings. The planning commission shall review and either approve or deny the initial short-term rental permit application pursuant to the requirements of this section after considering the effects the proposed short-term rental use would have on surrounding uses and the cumulative impacts within the community. In approving a new short-term rental permit application, the planning commission must make the following findings:

1. The short-term rental complies with applicable standards identified in Section

17.22.200, Short-term rentals;

2. The establishment of a short-term rental at the subject property is consistent with the purpose of the general plan, including policies regarding the displacement of rental units in the housing stock;

3. The establishment of a short-term rental at the subject property will not be detrimental to a building, structure, or feature of significant aesthetic, cultural, architectural, or engineering interest or value of a historical nature;

4. The establishment of a short-term rental at the project site is compatible with and will not be detrimental to the character of the neighborhood and surrounding land uses;

5. The establishment of a short-term rental at the project site will provide an enhanced visitor experience and accommodation as an alternative to the hotel, motel, and bed and breakfast accommodations currently existing in the city and will help to ensure the collection and payment of transient occupancy taxes; and Agenda Item #11.1.

83578.00008\43325218.3

6. There exists no substantial evidence of operation of an unpermitted short-term rental on the part of the applicant anywhere within the city.

E. Conditions of Approval. The community development director may recommend, and the planning commission may impose, conditions on the granting of an application for a short-term rental permit to mitigate the impacts of the proposed land use.

F. Permit Availability. If no short-term rental permits are available pursuant to the limitation on short-term rentals described in Section 17.22.200(D), the community development director shall place interested property owners on a waiting list in the order in which they were received. If a permit becomes available, applications shall be accepted and reviewed in the order that they are listed on the waiting list subject to the local preference policy established in Section 17.22.200(D)(15).

G. Notice of Action, Appeals, Term of Permit, and Conditions Subsequent to ShortTerm Rental Permit Approval.

1. Notice of Action. Notice of action shall be provided pursuant to Section

17.04.100, Timing and notice of action.

2. Appeals. Any person whose application for a short-term rental permit has been denied by the planning commission, or whose permit has been suspended or revoked by the community development director, may appeal pursuant to Chapter 17.12, Procedures for Appeals. A third party may also file an appeal of an approval of a short-term rental permit.

3. Term of Permit. Short-term rental permits shall be valid for a period of two years.

4. Conditions Subsequent to Approval. Short-term rental permits shall be subject to any changes to this section approved by the city council and conditions that the council may impose subsequent to the issuance of the permit.

H. Renewals Procedure.

1. The permit holder shall submit a short-term rental permit renewal application and pay applicable fees to the city a minimum of thirty (30) days prior to the expiration of a current short-term rental permit. Failure to submit a renewal application and pay applicable fees by the expiration date will result in the short-term rental permit automatically expiring without any further action by the city.

2. Upon receipt of a renewal application, the community development director will confirm with the finance department that the applicant’s business license is current and that all required transient occupancy taxes (TOT) have been reported and paid (see Chapter 5.08, Business Licenses Generally, for the requirements related to business licenses).

Agenda Item #11.1.

83578.00008\43325218.3

3. The community development director will refer the application to the St. Helena police department to request all police calls for services and complaints lodged against the property over the course of the two-year permit.

4. If the permit holder has a current business license, has rented their property on a short-term basis for an average of sixty (60) days per year (as applicable), has been properly reporting and paying TOT, and has fewer than three confirmed violations of the municipal code or of state or federal law over the prior two years, the community development director may administratively approve the renewal which shall be valid for an additional two years. If all of these provisions are not met, the renewal shall be referred to the planning commission for action at a public hearing. The community development director also has the discretion to refer the renewal application to the planning commission for a decision pursuant to the process and standards set forth in subsections C and D of this section, even if the community development director has the authority to consider renewal application pursuant to this section.

5. No renewal shall be approved without written verification of tax payments by the permit holder, and no permit shall be approved if the operation of the short-term rental has created adverse impacts on the neighborhood, as specified in subsection K of this section, in which it is situated or has otherwise caused the loss of the character of that neighborhood.

6. The community development director may deny the renewal if the applicant has violated any provision of this section.

7. Notice of Action, Appeals, Term of Permit, and Conditions Subsequent to Approval of a Short-Term Rental Permit Renewal.
a. Notice of Action. Notice of action shall be provided pursuant to Section

17.04.100, Timing and notice of action.
b. Appeals. Any person whose application for a short-term rental permit renewal has been denied by the community development director may appeal to the planning commission pursuant to Chapter 17.12, Procedures for Appeals. A third party may also file an appeal of an approval of a short-term rental permit renewal.
c. Conditions Subsequent to Approval. Short-term rental permit renewals shall be subject to any changes to this section approved by the planning commission and conditions that the commission may impose subsequent to the issuance of the permit.

I. Inspections.

1. The community development director has the right to enter upon any property at any reasonable time to make inspections and examinations for the purpose of Agenda Item #11.1.

83578.00008\43325218.3
enforcement of this section, subject to the provisions of Code of Civil Procedure Section 1822.50 et seq.

2. The fire department shall annually inspect the dwelling used as a short-term rental and submit the inspection report to the community development department.

3. The community development director shall have the right to inspect any records related to the use and occupancy of the short-term rental to determine that the objectives and conditions of this section are being fulfilled.

J. Revocation.

1. The community development director may revoke a short-term rental permit pursuant to Chapter 17.13, Enforcement, if the community development director determines that:
a. The owner-applicant gave false or misleading information during the application process;
b. There has been a violation of any of the terms, conditions and restrictions on the use of the dwelling unit for short-term rental use; c. The owner-applicant has violated any provision of this section; or d. The owner-applicant has failed to timely pay the all transient occupancy tax as required by this code.

2. If an owner-applicant’s short-term rental permit is revoked, the owner-applicant may not reapply for another permit for two years after the date of revocation. If there is a waiting list to receive a permit, the owner-applicant will be added to the list.

K. Violations, Enforcement, and Civil Penalties.

1. Any property owner or responsible person who uses, or allows the use of, or advertises or causes to be printed, published, advertised, or disseminated in any way, the availability of residential property in violation of this section is guilty of a misdemeanor for each day in which such residential property is used, or allowed to be used, in violation of this section. Such violation shall be punishable pursuant to Chapter 1.12, Enforcement Procedures and Chapter 1.20, General Penalty. For purposes of this section, “responsible person” shall mean and include any manager or other person responsible for allowing property to be used for short-term rental in violation of this section.

2. Short-term rental use, and advertisement for use, of a residential property in violation of this section is a threat to public health, safety or welfare and is thus declared to be unlawful and a public nuisance. Any such nuisance may be Agenda Item #11.1.

83578.00008\43325218.3
abated or restored by the enforcement official and also may be abated by the city pursuant to Chapter 1.12, Enforcement Procedures, except that the civil penalty for a violation shall be one thousand dollars ($1,000.00). Each day the violation occurs past the compliance date provided for by the city in notice of violation shall constitute a separate offense.

3. Any property owner or responsible person who violates this section chapter shall be liable and responsible for a civil penalty of one thousand dollars ($1,000.00) per violation per day such violation occurs the civil penalty described in Section

17.05.100(K)(2). The city may recover such civil penalty by either civil action or administrative citation. Such penalty shall be in addition to all other costs incurred by the city, including without limitation the city’s staff time, investigation expenses and attorney’s fees.
a. Civil Action. Where the city proceeds by civil action, the court shall have discretion to reduce the civil penalty based upon evidence presented by the property owner or responsible person that such a reduction is warranted by mitigating factors including, without limitation, lack of culpability or inability to pay. Provided, however, that in exercising its discretion the court should consider the purpose of this section to prevent and deter violations and whether the reduction of civil penalties will frustrate that purpose by resulting in the property owner’s or responsible person’s enrichment or profit as a result of the violation of this section. In any such civil action the city also may abate or enjoin any violation of this section.
b. Administrative Citations. Where the city proceeds by administrative citation, the city will first issue the property owner or responsible person notice to correct the violation in accordance with Government Code section 53069.4(a)(2)(A). Such notice to correct shall contain the following information:
i. Details regarding the nature of the violation;
ii. Details regarding how compliance can be achieved;
iii. Date by which proof of correction of the violation must be provided to the city to avoid the issuance of an administrative citation that will be no less than ten (10) days from the date the notice to correct is issued; and iv. Notice that the civil penalty described in this subsection K will begin to be assessed if proof of correction of the violation is not provided to the city by the stated date.
c. Administrative Appeals. Where the city proceeds by administrative citation, the city shall provide the property owner or responsible person notice of the right to request an administrative hearing to challenge the citation and penalty, and the time for requesting that hearing.

Agenda Item #11.1.

83578.00008\43325218.3
i. The property owner or responsible person has the right to request an administrative hearing within forty-five (45) days of the issuance of the administrative citation and imposition of the civil penalty. To request such a hearing, the property owner or responsible person shall notify the city clerk in writing within forty-five (45) days of the issuance of the citation.

The appeal notification shall include all specific facts, circumstances, and arguments upon which the appeal is based.
ii. The city manager is authorized to designate a hearing officer to hear such appeal. The city hearing officer shall conduct a hearing on the appeal within ninety (90) days of the request for the hearing unless one of the parties requests a continuance for good cause. The hearing officer shall only consider those facts, circumstances, or arguments that the property owner or responsible person has presented in the appeal notification. iii. The hearing officer shall render a decision in writing within thirty (30) days of the conclusion of the hearing. The hearing officer shall have discretion to reduce the civil penalty based upon evidence presented by the property owner or responsible person that such a reduction is warranted by mitigating factors including, without limitation, lack of culpability or inability to pay. Provided, however, that in exercising its discretion the hearing officer should consider the purpose of this section to prevent and deter violations and whether the reduction of civil penalties will frustrate that purpose by resulting in the property owner’s or responsible person’s enrichment or profit as a result of the violation of this section. iv. Any aggrieved party to the hearing officer’s decision on the administrative appeal may obtain review of the decision by filing a petition for writ of mandate with the Napa County superior court in accordance with the timelines and provisions set forth in California Government Code Section 53069.4.
v. If, following an administrative hearing, appeal, or other final determination, the owner of the property is determined to be the responsible person for the civil penalty imposed by this section, such penalty, if unpaid within forty-five (45) days of the notice of the final determination, shall become a lien to be recorded against the property on which the violation occurred pursuant to Chapter 1.12, Enforcement Procedures. Such costs shall be collected in the same manner as county taxes, and thereafter the property upon which they are a lien shall be sold in the same manner as property now is sold for delinquent taxes.

4. Any violation of this section may also be abated or restored by the enforcement official and also may be abated pursuant to Chapter 1.12, Enforcement Procedures, except that the civil penalty under Chapter 1.12 for a violation shall be one thousand dollars ($1,000.00).

Agenda Item #11.1.

83578.00008\43325218.3

5. 4. Each day the violation of this section occurs shall constitute a separate offense.

6. 5.Any property owner who uses, or allows the use of, residential property as a short-term rental without a permit shall be liable for the transit occupancy tax that would have been owed under Chapter 3.28, Transient Occupancy Tax, had the use been legal, including the penalty and interest provisions of Section 3.28.070, Penalties and interest.

7. 6. The remedies under this section are cumulative and in addition to any and all other remedies available at law and equity.

Section 4: Amendment to SHMC Section 17.32.010
Section 17.32.010 of the St. Helena Municipal Code is hereby amended to include the following definition (new language is underlined):

17.32.010 Zoning Code Definitions of Terms
“Responsible Person” shall mean any owner, manager, agent, party, partner, host, or other person responsible for allowing property to be used for short-term rental.

Section 5: Amendment to SHMC Section 17.32.020
Section 17.32.020 of the St. Helena Municipal Code is hereby amended to include the following definition (new language is underlined):

17.32.020 Zoning Code Definitions of Uses
“Transient Occupancy Use” shall have the same meaning as “short-term rental” Section 5: Severability.

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

Agenda Item #11.1.

83578.00008\43325218.3
Section 6: CEQA.

This Ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (“CEQA”), the State CEQA Guidelines (the “Guidelines”), and the environmental regulations of the City. The City Council hereby finds that this ordinance is exempt from review under CEQA under Section 15061(b)(3) of the State CEQA Guidelines because it can be seen with certainty that the provisions contained herein would not have the potential for causing a significant effect on the environment.

Section 7: Notice and Effective Date.

This Ordinance was duly noticed to the public. This Ordinance shall take effect and be enforced within thirty (30) days from and after the date of its adoption by the City Council at a second reading and shall be posted and published in accordance with the California Government Code.

THE FOREGOING ORDINANCE was introduced at a regular meeting of the St.

Helena City Council on the 18th day of November, 2025, and was adopted at a regular meeting of the St. Helena City Council on the ___ day of ____________, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED ATTEST
________________________________ ________________________________ Paul Jamison Dohring, Mayor Andrew Bradley, City Clerk
Agenda Item #11.1.

Agenda Report to the City Council
Agenda Section: PUBLIC HEARINGS
Department: Administration/Planning
DATE: November 25, 2025
FROM: Ethan Walsh, City Attorney
SUBJECT: Introduction and waive the first reading of a proposed ordinance amending Sections 1.12.200, 17.05.100,

17.32.010, and 17.32.020 of the St. Helena Municipal
Code pertaining to the enforcement regulations for ShortTerm Rentals.

RECOMMENDED
ACTION:

1. Find that the proposed changes to Chapters 1.12,

17.05, and 17.32 of the St. Helena Municipal Code are
exempt from CEQA Guideline 15061 (b)(3); and

2. Introduction and waive the first reading of a proposed ordinance (ZOA 25-004) amending Sections 1.12.200,

17.05.100, 17.32.010, and 17.32.020 of the St. Helena
Municipal Code.

PREVIOUS COUNCIL
ACTION:
n/a

STATEMENT OF THE
PURPOSE:

To amend the short-term rentals ordinance to more
effectively enforce violations of the code.

FINANCIAL IMPACT: There is no direct fiscal impact of adoption of this ordinance.

BACKGROUND:

Staff and the City Attorney’s office have undertaken a review of the city’s short-term rental ordinance in an effort to more efficiently regulate short-term rentals within the city.

As a result of that review, various amendments detailed in this report and shown in the attached draft ordinance are proposed by Staff and the City Attorney’s office.

On October 21, 2025, the Planning Commission recommended the City Council approve the proposed ordinance amendments (4-0) and this item is now being considered by the City Council.

DISCUSSION:

1. Amendment of Section 1.12.200
As currently written, Section 1.12.200 states that individuals seeking review of a decision of the city in court have thirty (30) days to file such an action. Civil Code Section 1094.6 provides for ninety (90) days to file such an action and Government Code Section 53069.4 provides limited circumstances where the period to file an action can be limited to twenty (20) days where that shorter limit is imposed by an ordinance that follows the procedures outlined in that Agenda Item #11.1.

Government Code Section. Section 1.12.200 is proposed to be revised to bring it into compliance with the timeline described in Civil Code Section 1094.6.

2. Amendment of Section 17.05.100
Amendments to Section 17.05.100 are primarily aimed at clarifying the permitting of short-term rentals. The modifications to Subsection B of Section 17.05.100 explicitly provide for the requirement to have a valid short-term rental permit in order to operate a short-term rental and detail the application process for obtaining or renewing a short-term rental permit.

Changes to Subsection K of Section 17.05.100 clarify the administrative citation process the city follows when undertaking enforcement of violations of the shortterm rental ordinance, clarify cross references to other sections of the municipal code relevant to the enforcement of the short-term rental ordinance, and clarify how violations are counted for ongoing violations of the short-term rental ordinance.

Additional modifications to Section 17.05.100 clarify how the radius for notice of public hearing for short-term rental permit applications, clarify that failure to renew a short-term rental permit result in automatic termination of the permit, and various other minor textual clarifications.

3. Amendment of Section 17.32.010
The definition of “Responsible Person” has been moved from Section 17.05.100- K to the general definitions section for the Zoning Code to clarify that the definition is applicable to all portions of the Zoning Code and to be generally consistent with how defined terms are located within the Zoning Code.

4. Amendment of Section 17.32.020
A definition of “Transient Occupancy Use” has been added to the definition of uses section of the Zoning Code to clarify that “Transient Occupancy Use” is synonymous with the term “Short-Term Rental.”
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:

St. Helena STR Ordinance Revisions
Agenda Item #11.1.

83578.00008\43325218.3
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ST. HELENA AMENDING SECTIONS 1.12.200, 17.05.100, 17.32.010, AND 17.32.020 OF THE CITY OF ST. HELENA MUNICIPAL CODE (ZOA 25-004) REGARDING

SHORT TERM RENTALS
WHEREAS, the City of St. Helena, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the City desires to amend Sections 1.12.200, 17.05.100, 17.32.010, AND 17.32.020 of the St. Helena Municipal Code (“SHMC”); and WHEREAS, staff and the City Attorney prepared the proposed ordinance, including the proposed language and terminology, and any additional information and documents deemed necessary for the City Council to take action; and WHEREAS, on October 21, 2025, the Planning Commission held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning the proposed ordinance and municipal code amendments, and by a vote of 4-0 adopted Resolution No. PC2025-__ recommending that the City Council adopt the proposed ordinance and finding that no environmental review is required under CEQA; and
WHEREAS, the City gave public notice of the public hearing before the City Council for the proposed ordinance by publishing in the Napa Valley Register in accordance with applicable law; and
WHEREAS, on November 18, 2025, the City Council held a duly-noticed public hearing and considered the staff report, recommendation by the Planning Commission, recommendation by staff, and public testimony concerning the proposed ordinance; and WHEREAS, all other legal prerequisites to the adoption of this ordinance have occurred.

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

Section 1: Recitals
The Recitals set forth above are true and correct and are incorporated into this Ordinance.

Section 2: Amendment to SHMC Section 1.12.200
Agenda Item #11.1.

83578.00008\43325218.3
Section 1.12.200 of the St. Helena Municipal Code is hereby amended to read as follows (new language is underlined, deletions are in strikeout):

1.12.200 Limitation on filing judicial action.

Any court action or proceeding to review or challenge the city council’s decision and order of abatement as reflected in its resolution shall be barred unless it is commenced within thirty (30) ninety (90) days of the date of service of the resolution, and the resolution shall contain a statement so advising the appellant(s) of this time limit on seeking judicial review. No action or proceeding to review or challenge an abatement order or decision shall be permitted unless each ground or basis for such action or proceeding first has been asserted to the hearing officer and council pursuant to the procedures set forth in Sections 1.12.170 and 1.12.180.

Section 3: Amendment to SHMC Section 17.05.100
Section 17.05.100 of the St. Helena Municipal Code is hereby amended to read as follows (new language is underlined, deletions are in strikeout):

17.05.100 Short Term Rental Ordinance
A. Purpose.

1. The city council finds that unregulated transient occupancy uses (i.e., short-term rentals) in residential and agricultural districts present a threat to the public welfare.

2. The purposes of the short-term rental regulations are to:
a. Establish a permitting process and appropriate restrictions and standards for short-term rental of single-family dwellings;
b. Provide a visitor experience and accommodation as an alternative to the hotel, motel, and bed and breakfast accommodations currently existing in the city;
c. Ensure the collection and payment of transient occupancy taxes; d. Minimize the negative secondary effects of short-term rental use on surrounding residential neighborhoods; and
e. Retain the character of the neighborhoods in which any such use occurs.

Agenda Item #11.1.

83578.00008\43325218.3

3. The short-term rental regulations are not intended to regulate hotels and bed and breakfast inns that do not qualify as short-term rentals.

4. The short-term rental regulations are not intended to provide any owner of residential property with the right or privilege to violate any private conditions, covenants and restrictions applicable to the owner’s property that may prohibit the use of such owner’s residential property for short-term rental purposes as defined in this section.

5. The city council also finds that the adoption of a comprehensive ordinance regulating the issuance of and operating conditions attached to short-term rental permits is necessary to protect the public health, safety and welfare. The purposes of the short-term rental permit regulations are to:
a. Provide a permit system and to impose operational requirements in order to minimize the potential adverse impacts of transient uses in residential neighborhoods and zoning districts on traffic, noise and density; b. Ensure the health, safety and welfare of renters and guests patronizing shortterm rentals; c. Impose limitations on the total number of permits issued in order to ensure the long-term availability of the affordable housing stock; and d. Provide for robust enforcement remedies and penalties to prevent and deter violations of this section and unjust enrichment by those who violate this section.

B. Application Requirements Permit Requirement.

1. Permit Required. Operation of a short-term rental shall require a short-term rental permit. It shall be unlawful to operate a short-term rental without a short-term rental permit.

2. Application. An A property owner or responsible person may seek a short-term rental permit through an application for a new short-term rental permit or a renewal of an existing short-term rental permit shall be prepared, filed, and processed in compliance with through the process described in Section

17.04.020, Application process.

3. Responsibility. It is the responsibility of the applicant property owner or responsible person submitting an application to provide information on the proposed use that support the findings described in subsection D of this section.

C. Public Hearing and Procedures.

Agenda Item #11.1.

83578.00008\43325218.3

1. The planning commission shall hold a public hearing for discretionary review for a new short-term rental application. The public hearing shall be properly noticed in compliance with Section 17.04.080, Public hearing notice.

2. The public hearing notice shall:
a. Contain a description of the proposed short-term rental operation, parking on the site, and number of bedrooms to be used for short-term rental use, together with a location map identifying the short-term rental dwelling lot in relationship to all other lots within a three hundred (300) foot distance, measured from property boundary to property boundary.
b. State that the noticed owners may file a written protest against the proposed short-term rental use with the community development director; provided, that the protest is postmarked or received within fourteen (14) days of the mailing of the notice of application.

3. The planning commission shall hold a public hearing on an application for a short-term rental permit and shall, at the conclusion of the public hearing, approve (with or without conditions), or deny the application in compliance with this code.

D. Findings. The planning commission shall review and either approve or deny the initial short-term rental permit application pursuant to the requirements of this section after considering the effects the proposed short-term rental use would have on surrounding uses and the cumulative impacts within the community. In approving a new short-term rental permit application, the planning commission must make the following findings:

1. The short-term rental complies with applicable standards identified in Section

17.22.200, Short-term rentals;

2. The establishment of a short-term rental at the subject property is consistent with the purpose of the general plan, including policies regarding the displacement of rental units in the housing stock;

3. The establishment of a short-term rental at the subject property will not be detrimental to a building, structure, or feature of significant aesthetic, cultural, architectural, or engineering interest or value of a historical nature;

4. The establishment of a short-term rental at the project site is compatible with and will not be detrimental to the character of the neighborhood and surrounding land uses;

5. The establishment of a short-term rental at the project site will provide an enhanced visitor experience and accommodation as an alternative to the hotel, motel, and bed and breakfast accommodations currently existing in the city and will help to ensure the collection and payment of transient occupancy taxes; and Agenda Item #11.1.

83578.00008\43325218.3

6. There exists no substantial evidence of operation of an unpermitted short-term rental on the part of the applicant anywhere within the city.

E. Conditions of Approval. The community development director may recommend, and the planning commission may impose, conditions on the granting of an application for a short-term rental permit to mitigate the impacts of the proposed land use.

F. Permit Availability. If no short-term rental permits are available pursuant to the limitation on short-term rentals described in Section 17.22.200(D), the community development director shall place interested property owners on a waiting list in the order in which they were received. If a permit becomes available, applications shall be accepted and reviewed in the order that they are listed on the waiting list subject to the local preference policy established in Section 17.22.200(D)(15).

G. Notice of Action, Appeals, Term of Permit, and Conditions Subsequent to ShortTerm Rental Permit Approval.

1. Notice of Action. Notice of action shall be provided pursuant to Section

17.04.100, Timing and notice of action.

2. Appeals. Any person whose application for a short-term rental permit has been denied by the planning commission, or whose permit has been suspended or revoked by the community development director, may appeal pursuant to Chapter 17.12, Procedures for Appeals. A third party may also file an appeal of an approval of a short-term rental permit.

3. Term of Permit. Short-term rental permits shall be valid for a period of two years.

4. Conditions Subsequent to Approval. Short-term rental permits shall be subject to any changes to this section approved by the city council and conditions that the council may impose subsequent to the issuance of the permit.

H. Renewals Procedure.

1. The permit holder shall submit a short-term rental permit renewal application and pay applicable fees to the city a minimum of thirty (30) days prior to the expiration of a current short-term rental permit. Failure to submit a renewal application and pay applicable fees by the expiration date will result in the short-term rental permit automatically expiring without any further action by the city.

2. Upon receipt of a renewal application, the community development director will confirm with the finance department that the applicant’s business license is current and that all required transient occupancy taxes (TOT) have been reported and paid (see Chapter 5.08, Business Licenses Generally, for the requirements related to business licenses).

Agenda Item #11.1.

83578.00008\43325218.3

3. The community development director will refer the application to the St. Helena police department to request all police calls for services and complaints lodged against the property over the course of the two-year permit.

4. If the permit holder has a current business license, has rented their property on a short-term basis for an average of sixty (60) days per year (as applicable), has been properly reporting and paying TOT, and has fewer than three confirmed violations of the municipal code or of state or federal law over the prior two years, the community development director may administratively approve the renewal which shall be valid for an additional two years. If all of these provisions are not met, the renewal shall be referred to the planning commission for action at a public hearing. The community development director also has the discretion to refer the renewal application to the planning commission for a decision pursuant to the process and standards set forth in subsections C and D of this section, even if the community development director has the authority to consider renewal application pursuant to this section.

5. No renewal shall be approved without written verification of tax payments by the permit holder, and no permit shall be approved if the operation of the short-term rental has created adverse impacts on the neighborhood, as specified in subsection K of this section, in which it is situated or has otherwise caused the loss of the character of that neighborhood.

6. The community development director may deny the renewal if the applicant has violated any provision of this section.

7. Notice of Action, Appeals, Term of Permit, and Conditions Subsequent to Approval of a Short-Term Rental Permit Renewal.
a. Notice of Action. Notice of action shall be provided pursuant to Section

17.04.100, Timing and notice of action.
b. Appeals. Any person whose application for a short-term rental permit renewal has been denied by the community development director may appeal to the planning commission pursuant to Chapter 17.12, Procedures for Appeals. A third party may also file an appeal of an approval of a short-term rental permit renewal.
c. Conditions Subsequent to Approval. Short-term rental permit renewals shall be subject to any changes to this section approved by the planning commission and conditions that the commission may impose subsequent to the issuance of the permit.

I. Inspections.

1. The community development director has the right to enter upon any property at any reasonable time to make inspections and examinations for the purpose of Agenda Item #11.1.

83578.00008\43325218.3
enforcement of this section, subject to the provisions of Code of Civil Procedure Section 1822.50 et seq.

2. The fire department shall annually inspect the dwelling used as a short-term rental and submit the inspection report to the community development department.

3. The community development director shall have the right to inspect any records related to the use and occupancy of the short-term rental to determine that the objectives and conditions of this section are being fulfilled.

J. Revocation.

1. The community development director may revoke a short-term rental permit pursuant to Chapter 17.13, Enforcement, if the community development director determines that:
a. The owner-applicant gave false or misleading information during the application process;
b. There has been a violation of any of the terms, conditions and restrictions on the use of the dwelling unit for short-term rental use; c. The owner-applicant has violated any provision of this section; or d. The owner-applicant has failed to timely pay the all transient occupancy tax as required by this code.

2. If an owner-applicant’s short-term rental permit is revoked, the owner-applicant may not reapply for another permit for two years after the date of revocation. If there is a waiting list to receive a permit, the owner-applicant will be added to the list.

K. Violations, Enforcement, and Civil Penalties.

1. Any property owner or responsible person who uses, or allows the use of, or advertises or causes to be printed, published, advertised, or disseminated in any way, the availability of residential property in violation of this section is guilty of a misdemeanor for each day in which such residential property is used, or allowed to be used, in violation of this section. Such violation shall be punishable pursuant to Chapter 1.12, Enforcement Procedures and Chapter 1.20, General Penalty. For purposes of this section, “responsible person” shall mean and include any manager or other person responsible for allowing property to be used for short-term rental in violation of this section.

2. Short-term rental use, and advertisement for use, of a residential property in violation of this section is a threat to public health, safety or welfare and is thus declared to be unlawful and a public nuisance. Any such nuisance may be Agenda Item #11.1.

83578.00008\43325218.3
abated or restored by the enforcement official and also may be abated by the city pursuant to Chapter 1.12, Enforcement Procedures, except that the civil penalty for a violation shall be one thousand dollars ($1,000.00). Each day the violation occurs past the compliance date provided for by the city in notice of violation shall constitute a separate offense.

3. Any property owner or responsible person who violates this section chapter shall be liable and responsible for a civil penalty of one thousand dollars ($1,000.00) per violation per day such violation occurs the civil penalty described in Section

17.05.100(K)(2). The city may recover such civil penalty by either civil action or administrative citation. Such penalty shall be in addition to all other costs incurred by the city, including without limitation the city’s staff time, investigation expenses and attorney’s fees.
a. Civil Action. Where the city proceeds by civil action, the court shall have discretion to reduce the civil penalty based upon evidence presented by the property owner or responsible person that such a reduction is warranted by mitigating factors including, without limitation, lack of culpability or inability to pay. Provided, however, that in exercising its discretion the court should consider the purpose of this section to prevent and deter violations and whether the reduction of civil penalties will frustrate that purpose by resulting in the property owner’s or responsible person’s enrichment or profit as a result of the violation of this section. In any such civil action the city also may abate or enjoin any violation of this section.
b. Administrative Citations. Where the city proceeds by administrative citation, the city will first issue the property owner or responsible person notice to correct the violation in accordance with Government Code section 53069.4(a)(2)(A). Such notice to correct shall contain the following information:
i. Details regarding the nature of the violation;
ii. Details regarding how compliance can be achieved;
iii. Date by which proof of correction of the violation must be provided to the city to avoid the issuance of an administrative citation that will be no less than ten (10) days from the date the notice to correct is issued; and iv. Notice that the civil penalty described in this subsection K will begin to be assessed if proof of correction of the violation is not provided to the city by the stated date.
c. Administrative Appeals. Where the city proceeds by administrative citation, the city shall provide the property owner or responsible person notice of the right to request an administrative hearing to challenge the citation and penalty, and the time for requesting that hearing.

Agenda Item #11.1.

83578.00008\43325218.3
i. The property owner or responsible person has the right to request an administrative hearing within forty-five (45) days of the issuance of the administrative citation and imposition of the civil penalty. To request such a hearing, the property owner or responsible person shall notify the city clerk in writing within forty-five (45) days of the issuance of the citation.

The appeal notification shall include all specific facts, circumstances, and arguments upon which the appeal is based.
ii. The city manager is authorized to designate a hearing officer to hear such appeal. The city hearing officer shall conduct a hearing on the appeal within ninety (90) days of the request for the hearing unless one of the parties requests a continuance for good cause. The hearing officer shall only consider those facts, circumstances, or arguments that the property owner or responsible person has presented in the appeal notification. iii. The hearing officer shall render a decision in writing within thirty (30) days of the conclusion of the hearing. The hearing officer shall have discretion to reduce the civil penalty based upon evidence presented by the property owner or responsible person that such a reduction is warranted by mitigating factors including, without limitation, lack of culpability or inability to pay. Provided, however, that in exercising its discretion the hearing officer should consider the purpose of this section to prevent and deter violations and whether the reduction of civil penalties will frustrate that purpose by resulting in the property owner’s or responsible person’s enrichment or profit as a result of the violation of this section. iv. Any aggrieved party to the hearing officer’s decision on the administrative appeal may obtain review of the decision by filing a petition for writ of mandate with the Napa County superior court in accordance with the timelines and provisions set forth in California Government Code Section 53069.4.
v. If, following an administrative hearing, appeal, or other final determination, the owner of the property is determined to be the responsible person for the civil penalty imposed by this section, such penalty, if unpaid within forty-five (45) days of the notice of the final determination, shall become a lien to be recorded against the property on which the violation occurred pursuant to Chapter 1.12, Enforcement Procedures. Such costs shall be collected in the same manner as county taxes, and thereafter the property upon which they are a lien shall be sold in the same manner as property now is sold for delinquent taxes.

4. Any violation of this section may also be abated or restored by the enforcement official and also may be abated pursuant to Chapter 1.12, Enforcement Procedures, except that the civil penalty under Chapter 1.12 for a violation shall be one thousand dollars ($1,000.00).

Agenda Item #11.1.

83578.00008\43325218.3

5. 4. Each day the violation of this section occurs shall constitute a separate offense.

6. 5.Any property owner who uses, or allows the use of, residential property as a short-term rental without a permit shall be liable for the transit occupancy tax that would have been owed under Chapter 3.28, Transient Occupancy Tax, had the use been legal, including the penalty and interest provisions of Section 3.28.070, Penalties and interest.

7. 6. The remedies under this section are cumulative and in addition to any and all other remedies available at law and equity.

Section 4: Amendment to SHMC Section 17.32.010
Section 17.32.010 of the St. Helena Municipal Code is hereby amended to include the following definition (new language is underlined):

17.32.010 Zoning Code Definitions of Terms
“Responsible Person” shall mean any owner, manager, agent, party, partner, host, or other person responsible for allowing property to be used for short-term rental.

Section 5: Amendment to SHMC Section 17.32.020
Section 17.32.020 of the St. Helena Municipal Code is hereby amended to include the following definition (new language is underlined):

17.32.020 Zoning Code Definitions of Uses
“Transient Occupancy Use” shall have the same meaning as “short-term rental” Section 5: Severability.

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

Agenda Item #11.1.

83578.00008\43325218.3
Section 6: CEQA.

This Ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (“CEQA”), the State CEQA Guidelines (the “Guidelines”), and the environmental regulations of the City. The City Council hereby finds that this ordinance is exempt from review under CEQA under Section 15061(b)(3) of the State CEQA Guidelines because it can be seen with certainty that the provisions contained herein would not have the potential for causing a significant effect on the environment.

Section 7: Notice and Effective Date.

This Ordinance was duly noticed to the public. This Ordinance shall take effect and be enforced within thirty (30) days from and after the date of its adoption by the City Council at a second reading and shall be posted and published in accordance with the California Government Code.

THE FOREGOING ORDINANCE was introduced at a regular meeting of the St.

Helena City Council on the 18th day of November, 2025, and was adopted at a regular meeting of the St. Helena City Council on the ___ day of ____________, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED ATTEST
________________________________ ________________________________ Paul Jamison Dohring, Mayor Andrew Bradley, City Clerk
Agenda Item #11.1.











 








 !" #$%#&' ( )
*+,-.,-+-/
*+012
3
456 #
7&&8

96 ##&&8"# :;<=8>%?@'
3&6!<
;
=
5>88 8?
7&& << 8A
B<
=
# :
=>@
>8:
#8!
@!
=
<=!
!&
!8><
;
8 <
C = 8
>
&>8>?$
!8>
D>9>!&8
E
#&9FG
!
!8$
=&<
8 ?8!>G
H
C 
=>@
8&!<
8C
8 <
=>
C 
6 !8><%

<
=!
>8:
# :
#8!

8<!
!8$
8 <
>!
8
!8$
6:
>
8>8
>8$
=8
<$
><
<=!
!&
!8><G
)=
8 
##9>8
<
8
>
I5!9!:

C8!J%
)= !
><
>?!&8
&>:
8#$
>
#><
9!= 6  8?
<=!
!&
!8>
;
=
8 G
D
B<
=
7 :
!K !
>
#><
6 8
>
><
>?!&8GE
6
C=>
;
=:
6!>
=
!&<G
L=$

=>998M


&>:
6 &9<< 6

##
;8$<
>8$,!
9
>
 8
8
9!9!:
6#><
=
)8>8
@ ><
7 :
7$%
7>8
=
# :
##
; 8<
;!&
=
#&9F
C8!
;
=
9!9!:G
H=>
>6
))
>F
$G
)8>8
!
C8!
;
5!9!:
?>:
 >6
;
=
8>8
6!><
=
>?!&8
>8$
<=!
!&
!8<
= !
8 G
)=>8
:M
>!>
 !
Agenda Item #11.1.