City of St. Helena
Regular City Council Meeting
Tuesday, February 8, 2022 @ 6:00 PM
PLEASE NOTE: Any person who wishes to speak regarding an item on the agenda or make a comment under the "Oral Communication" portion of the agenda may do so, but please observe the time limit of four minutes.
This meeting will be conducted pursuant to the provisions of Government Code Section 54953 (as amended by AB 361) which authorizes teleconferenced meetings under the Brown Act during certain proclaimed States of Emergency. The Governor of California proclaimed a State of Emergency related to COVID-19 on March 4, 2020. This teleconferenced meeting is necessary so that the City can conduct essential business and is permitted under Government Code 54953 in order to protect public health and safety of attendees.
Consistent with Government Code Section 54953, this City Council Meeting will be held via teleconference only, and will not be physically open to the public. City Council members and staff will teleconference into the meeting by audio and/or video. The meeting will be conducted via Zoom Webinar.
The City Council meeting will be live-streamed on Comcast Channel 28 and on the City’s website, barring technical difficulties. Those members of the public wishing to participate must do so remotely via Zoom electronic meetings in the following ways; by either logging onto the Zoom link located on the meeting agenda (please download the app to your computer or mobile device) and enter the meeting ID or by calling a listed number and enter the meeting ID. Public comment for City Council meetings will be accepted via email to [email protected]. All public comments must be emailed by 4:00 PM prior to the meeting. Emailed public comments will not be read out loud but will be publicly available and attached to the on-line City Council agenda.
NEW FEATURE FOR ALTERNATIVE PUBLIC COMMENT VIA TELEPHONE BY RESERVATION If you would like to provide comments via telephone (not using Zoom) during the Council meeting, you can request a reservation from the City Clerk prior to 12:00 p.m. on the meeting day. The reservation request may be submitted to the City Clerk by emailing [email protected], or by calling (707) 968-2752. When submitting the request, please identify your name, your telephone number (including the area code first), and the agenda item number you would like to comment on. During the Council meeting, a representative from the City Clerk’s Office will call you when public comment is called for the requested item. You will then be able to provide your comments to the Council via telephone.
Please see the end of the agenda for detailed PUBLIC PARTICIPATION instructions.
Spanish translation for this meeting will be offered. To access Spanish translation, you will need to join the meeting using the Zoom app from a computer, iPad or iPhone. You will see an icon on the screen that will allow you to choose Spanish translation. To learn how to use Zoom, please see the instructions below.
Please click the link below to join the meeting:
https://us02web.zoom.us/j/89834740319
Or One tap mobile :
US: +16699006833,,89834740319# or +13462487799,,89834740319# Or Telephone:
Dial(for higher quality, dial a number based on your current location):
US: +1 669 900 6833 or +1 346 248 7799 or +1 253 215 8782 or +1 312 626 6799 or +1 929 205 6099 or +1 301 715 8592
Webinar ID: 898 3474 0319
International numbers available: https://us02web.zoom.us/u/koNI2UMga ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Esta reunión será realizada conforme a las provisiones del Código de Gobierno Sección 54953 (modificada por AB 361) la cual autoriza las reuniones de teleconferencia bajo el Acta Brown durante ciertos Estados de Emergencia. El gobernador de California proclamó Estado de Emergencia relacionado con el COVID-19 el 4 de marzo del 2020. Esta reunión por teleconferencia es necesaria para que la Ciudad pueda realizar deberes esenciales y es permitido bajo el Código de Gobierno 54953 en orden de proteger la salud pública y seguridad de los asistentes.
Consistente con el Código de Gobierno Sección 54953, esta reunión del Consejo de la Cuidad será realizada vía teleconferencia y no será físicamente abierta al público. Miembros del Consejo de la Cuidad y personal atenderán la reunión por audio y/ o video. La reunión será transmitida vía Zoom.
La reunión del Consejo de la Cuidad se transmitirá en vivo por el Canal 28 de Comcast y en el sitio web de la Ciudad, salvo dificultades técnicas. Aquellos miembros del público que deseen participar deben hacerlo de forma virtual a través de las reuniones electrónicas de Zoom de las siguientes maneras; iniciando sesión en el enlace Zoom ubicado en la agenda de la reunión (descargue la aplicación en su computadora o dispositivo móvil) e ingrese el ID de la reunión o llamando al número ubicado en la agenda e ingrese el ID de la reunión. Se aceptarán comentarios públicos para la reunión del Consejo de la Cuidad por correo electrónico a [email protected]. Todos los comentarios públicos se harán públicos y se adjuntarán a la agenda, pero no se leerán en voz alta. Todos los comentarios públicos que se reciban después de las 4:00 PM se adjuntarán a la agenda del Consejo de la Cuidad al día siguiente.
Consulte el final de la agenda para obtener instrucciones detalladas de PARTICIPACIÓN PÚBLICA.
Se ofrecerá traducción al español para esta reunión. Para acceder a la traducción al español, deberá unirse a la reunión utilizando la aplicación Zoom desde una computadora, iPad o iPhone. Verá un icono en la pantalla que le permitirá elegir la traducción al español. Para aprender como utilizar Zoom, consulte las instrucciones a continuación.
Habrá traducción en español durante la junta
Haga clic en el enlace a continuación para participar en la reunión:
https://us02web.zoom.us/j/89834740319
O por iPhone one-tap:
US: +16699006833,,89834740319# or +13462487799,,89834740319# O por Teléfono: Marque(para mejor calidad, marque número basado en su ubicaciónactual):
US: +1 669 900 6833 or +1 346 248 7799 or +1 253 215 8782 or +1 312 626 6799 or +1 929 205 6099 or +1 301 715 8592
ID de la Reunión: ID: 898 3474 0319
International numbers available:https://us02web.zoom.us/u/koNI2UMga Page
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
Estimated start time: 6:02 p.m.
3. ADOPTION OF THE AGENDA
Estimated start time: 6:05 p.m.
4. ROLL CALL
Mayor: Geoff Ellsworth, Vice Mayor: Paul Dohring, City Council Members: Anna Chouteau, Eric Hall and Lester Hardy
Estimated start time: 6:02 p.m.
5. PUBLIC FORUM:
Members of the public are entitled to speak on matters of municipal concern not on the agenda during Public Forum. Each person’s comments shall be limited to 4 minutes. Each person is entitled to speak on any non-agendized item only once at any meeting. Brief questions by Council Members for clarifications may be posed and answered, and Council Members may make requests that items be placed on future agendas, but in accordance with state law, no substantive discussion or action may take place unless and until the matter properly appears on the agenda.
Estimated start time: 6:10 p.m.
6. REPORTS BY STAFF AND CITY COUNCIL, FUTURE AGENDA ITEMS, AND AB 1234 REPORTS:
Reports by staff and/or Council Members on items of general interest. Brief questions for clarification may be posed and answered, and Council Members may request that items be placed on a future agenda. Except under certain circumstances, the Brown Act prohibits any other discussion or action by the City Council.
7. PRESENTATIONS AND PUBLIC RECOGNITIONS
7.1. Service recognition of outgoing City Manager Mark Prestwich.
Estimated start time: 6:15 p.m.
8. STAFF BRIEFING
8.1. None
9. CONSENT ITEMS
Members of the Council or the public may ask that any items be considered individually for purposes of considering alternative action, for extended discussion, or for public comment. Unless that is done, one motion may be used to adopt all recommended actions. (Roll Call Vote)
Estimated start time: 6:30 p.m.
9.1. Consideration and proposed approval of Special Meeting Minutes of January 24, 2022 and January 31, 2022 and Regular Meeting Minutes of January 25, 2022.
01-24-2022 Special City Council - Minutes
01-25-2022 Regular City Council - Minutes
01-31-2022 Special City Council - Minutes
15 - 24
9.2. Consideration and Proposed Approval of a Resolution Authorizing the Ninth Tenth Amendment to Unrepresented Compensation Program Updating Section 11.4 Sick Leave Payout. (Staff report forthcoming Provided 2/7/22)
CEQA Determination: Not a CEQA project
Prepared By: April Mitts, Administrative Services Director Recommendation:
Approval of the attached Resolution.
Staff Report - Pdf
25 - 49
9.3. Consideration and proposed approval of a resolution approving Amendment No. 2 STH Contract: FY2021-083 with 4Leaf, Inc. in an amount of $3,000 for a total not-to-exceed amount of $62,890 for Water Regulation Code Enforcement and Outreach.
CEQA Determination: Not a CEQA project
Prepared By: April Mitts, Administrative Services Director Recommendation:
Approve the attached resolution.
Staff Report - Pdf
51 - 74
9.4. Adoption of Resolution Making Findings and Determinations under AB 361 for the Continuation of Virtual Meetings.
CEQA Determination: Not a CEQA project
Prepared By: Ethan Walsh, City Attorney
Recommendation:
Approve the Attached Resolution Making Findings and Determinations Under AB 361.
Staff Report - Pdf
75 - 79
9.5. Consideration and proposed approval of a resolution approving Amendment No. 1 STH Contract: FY2021-066 with Accent on Language in an amount of $10,000 for a total not-to-exceed amount of $41,000 for interpretation services.
CEQA Determination: Not a CEQA project
Prepared By: Cindy Tzafopoulos, City Clerk
81 - 100
Recommendation:
Adopt the attached resolution.
Staff Report - Pdf
9.6. Consideration and proposed approval of a resolution: (1) approving Revision No. 3 to City Council Policy P-FI-0016 Financial Policy related to: (a) compliance with GASB Statement No. 98 updating the name, "Comprehensive Annual Financial Report" to "Annual Comprehensive Financial Report" , (b) update language related to financing Capital Improvement Projects and (2) repealing an rescinding any previous policies or administrative memoranda which are inconsistent with City Council Policy P-FI-0016 Financial Policy, Revision No. 3.
CEQA Determination: Exempt
Prepared By: April Mitts, Administrative Services Director Recommendation:
Adopt the attached Resolution
Staff Report - Pdf
Public Comment.Alan Galbraith
Public Comment.Mark Smithers
Public Comment.Nancy Dervin
101 - 143
9.7. Consideration and Proposed Approval of a Resolution Authorizing:
(1) A Permanent Loan to Our Town St. Helena (OTSH) in an amount of $250,000 for the Development of 963 Pope Street St.
Helena; (2) Use of Measure E - Affordable Housing Trust Funds (Fund 752) for this Loan; and (3) the City Manager to Execute all Necessary Documents for this Loan.
CEQA Determination: Not a CEQA project
Prepared By: April Mitts, Administrative Services Director Recommendation:
Staff recommends approval of the attached resolution.
Staff Report - Pdf
145 - 193
10. PUBLIC HEARINGS
10.1. Second reading and intention to adopt an ordinance amending the St.
Helena Municipal Code Chapter 5.40 (Permits for Elder and/or Dependent Adult Caregivers) to transfer responsibility for managing the registration and background check process of individual caregivers from the County, except in special circumstances, to the California Department of Social Services (CDSS) via their Home Care Aide Registry.
Estimated start time: 6:40 p.m.
CEQA Determination: Not a CEQA project
Prepared By: Chris Hartley, Chief of Police
Recommendation:
Approve the second reading and adopt the ordinance by title only and waive further reading.
195 - 215
Staff Report - Pdf
10.2. Consideration and proposed adoption of the following:
1. Adopt a resolution recommending that the City Council approve the Mitigated Negative Declaration / Mitigation Monitoring and Reporting Program for the project, make the required findings; and
2. Adopt a resolution making specific findings and
recommending City Council approve the proposed Mills
Lane Storm Drain Improvements Project.
*This item was noticed to be heard at the November 9, 2021 regular City Council meeting and was subsequently continued to the December 14, 2021, January 11, 2022, January 25, 2022 and February 8, 2022, regular City Council meetings. This item is being continued again to the February 22, 2022 regular City Council meeting.
11. OLD BUSINESS
11.1. Consideration of a Resolution calling a Special Election on June 7, 2022 to consider changing the Office of Mayor from a directly elected office to an office appointed by the Council.
Estimated start time: 6:45 p.m.
CEQA Determination: Not a CEQA project
Prepared By: Ethan Walsh, City Attorney
Recommendation:
That the Council consider the enclosed resolution, and if desired, adopt the attached resolution to place the matter on the ballot for consideration by the voters of the City.
Staff Report - Pdf
217 - 227
12. NEW BUSINESS
12.1. Informational Update on Conceptual 1/4 Cent Countywide Wildfire Prevention and Suppression Transactions and Use Tax
Estimated start time: 7:30 p.m.
CEQA Determination: Not a CEQA project
Prepared By: Mark T. Prestwich, City Manager
Recommendation:
Receive and file.
Staff Report - Pdf
229 - 245
12.2. Initiate Proceedings to Place a General Obligation Bond (GO Bond) Measure on the June 7, 2022 Ballot, by Adopting a Resolution of Necessity and Introducing an Ordinance Ordering the Submission of a Proposition to Incur Bonded Indebtedness to the Voters
247 - 275
CEQA Determination: Exempt
Prepared By: April Mitts, Administrative Services Director Recommendation:
(1) Adopt the Resolution of Necessity for the General Obligation Bond and (2) Introduce the Ordinance Ordering the Submission of a Proposition to Incur Bonded Indebtedness to the Voters
Staff Report - Pdf
Public Comment.Mark Smithers
Public Comment.Nancy Dervin
12.3. Consideration and Proposed Approval of a Resolution Appointing James C. McCann as Interim City Manager and approval of an Employment Agreement for an Interim City Manager (Staff report forthcoming Provided 2-7-22)
Estimated start time: 8:50 p.m.
CEQA Determination: Not a CEQA project
Prepared By: Mark T. Prestwich, City Manager
Recommendation:
Approve resolution.
Staff Report - Pdf
277 - 288
13. ITEMS LIKELY TO BE PLACED ON THE NEXT OR FUTURE MEETING AGENDA:
13.1. February City Council Meetings:
2/8 (Staff reports due 1/21)
2/22 (Staff reports due 2/4)
Presentation
2/22 Presentation from Youth Representatives
CONSENT:
2/22 Professional Service Agreement for Water and Wastewater Rate Study
2/22 Quarterly Grant Report FY22 2nd Quarter
PH or OLD / NEW BUSINESS:
2/8 Overview of General Plan Climate Action Initiatives Mills Lane
2/22 NB - 2nd Quarter Finance Report
2/22 NB - Review and Feedback of Scope for new Diversity, Equity and Inclusion Committee
2/22 OB - Review of General Plan Climate Action Implementing Actions
14. ADJOURNMENT
The next Regular City Council meeting is scheduled for February 22, 2022, at 6:00 p.m.
I do hereby certify that a copy of the foregoing agenda was posted on the City website on February 4, 2022.
Cindy Tzafopoulos, City Clerk
In Compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please call the City Clerk’s Office (707) 967-2792. Notification 72 hours prior to the meeting as required by Section 202 of the Americans with Disabilities Act will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
CHALLENGING DECISIONS OF CITY ENTITIES
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City of St. Helena is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision, including without limitation Government Code section 65009 applicable to many land use and zoning decisions, Government Code section 66499.37 applicable to the Subdivision Map Act, and Public Resources Code section 21167 applicable to the California Environmental Quality Act (CEQA). Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred.
Government Code section 65009 and 66499.37, and Public Resources Code section 21167, impose shorter limitations periods and requirements, including timely service in addition to filing.
If a person wishes to challenge the above actions in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of St.
Helena, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.
SUPPLEMENTAL MATERIAL RECEIVED AFTER THE POSTING OF THE AGENDA Any supplemental writings or documents distributed to a majority of the City Council regarding any item on this Agenda, after the posting of the Agenda, will be available for public review in the City Clerk’s Office located at 1572 Railroad Avenue, St. Helena, California, during normal business hours and by appointment. In addition, such writings or documents will be made available on the City’s web site at https://sthelena.civicweb.net and will be available for public review at the respective meeting.
THE CITY OF ST. HELENA ENCOURAGES ONLINE PUBLIC PARTICIPATION IN
VIRTUAL CITY COUNCIL MEETINGS
St. Helena, CA– The City of St. Helena is committed to public participation in City government in a manner that is consistent with guidance provided by the Napa County Public Health Official and AB361. These guidelines relate to social distancing, and are intended to protect everyone by limiting the spread of COVID-19 in our community. In adherence to these guidelines, the St.
Helena City Council will host a Virtual Council Meeting on Zoom; a free teleconferencing tool that enables users to watch and/or call into the meeting from their computers or phones. This meeting will be open to public and allows for live public comment. The meeting will also be recorded,
livestreamed, and posted on the City’s website after the adjournment of the meeting if technical difficulties occur: https://sthelena.civicweb.net/Portal/ The ZOOM web link, meeting ID, and phone number will be listed at the top of the City Council Meeting Agenda. You will be required to enter the meeting ID, but there will be no password or participant ID.
How to Watch or Listen to Council Meetings:
1. Watch on Comcast Channel 28
2. Watch the livestreaming video on the City’s website
3. Watch and Listen on Zoom.us by clicking on the link in the Council Agenda
4. Listen only by calling the Zoom number listed on the Council Agenda Watch Council Meeting by Joining the Zoom Meeting:
1. By Computer, Tablet, or Smart Phone:
1. Before joining the virtual City Council Meeting, it is highly encouraged that you download the Zoom App. To sign up for your own free account, visit zoom.us/signup and enter your email address. You will receive an email from Zoom ([email protected]). In this email, click Activate Account.
2. If you are logged into your account, Enter the Meeting ID listed on the City Council Agenda.
If you have not created an account go to: https://zoom.us/join and enter the Meeting ID
3. Select if you would like to connect audio and/or video and tap Join Meeting.
4. For specific instructions for your device, go to: https://support.zoom.us/hc/enus/articles/201362193-Joining-a-Meeting
1. Listen Only by Telephone:
1. Dial the number listed on the Council Agenda.
2. At the prompt, enter the Meeting ID provided on the top of the City Council Meeting Agenda and Press #. A participate ID is not required.
3. To disconnect from the meeting, hang up the phone.
Ways to Provide Public Comment:
While attending the virtual City Council Meeting, the public will have the opportunity to provide live public comment during Public Forum and after each agenda item. When it is the appropriate time for public comment the Mayor will verbally open public comment. At this time each individual is permitted 4 minutes to speak.
1. Send a Public Comment in by 4:00 PM Prior to the Meeting to:
[email protected]
The easiest way to provide public comment is to email your public comment. Public comments may be emailed to [email protected]. Please include in the subject line “COMMENT TO COUNCIL and the AGENDA ITEM”. Any public comment is required to be submitted no later than 2 hours before the scheduled meeting and will be included as an attachment to the agenda. All public comments will be made publicly available and attached to the agenda item and will not be read out loud. All public comments that are received after 4:00 PM will be attached to the agenda the following day.
2. Provide Comment through Zoom meeting from a computer, tablet, or smart phone This option allows the public to virtually attend the meeting as a muted ‘attendee’ with no video or screen sharing capabilities. You will be able to see and hear those participating in the meeting, but they will not be able to hear you until the host unmutes you.
If you wish to provide public comment during a specific agenda item or during public forum, you can use the “raise hand” feature located in the control panel at the bottom of your screen. The icon is a small blue hand. In Windows you can also use the Alt+Y keyboard shortcut to raise or lower your hand. In Mac you can also use the Option+Y keyboard shortcut to raise or lower your hand.
The host will be notified that you've raised your hand and you will be placed in a queue with all incoming requests.
When it is your turn to speak, you will be notified that the host has unmuted you. To be removed from the queue, just click the ‘raise hand’ button again.
3. Call in to the ZOOM meeting from a cell phone or landline phone only This option allows the member of the public with the opportunity to verbally participate in public comment.
If you wish to speak during public comment time dial *9 on your telephone.
The host will be notified that you would like to speak and you will be placed in a queue with all incoming requests.
When it is your turn to speak, you will be notified that the host has unmuted you. You may press *9 again if you wish to be removed from the queue.
You will be notified at the end of your statement that you have been muted.
4. Alternative Public Comment Via Telephone by Reservation If you would like to provide comments via telephone (not using Zoom) during the Council meeting, you can request a reservation from the City Clerk prior to 12:00 p.m. on the meeting day. The reservation request may be submitted to the City Clerk by emailing [email protected], or by calling (707) 968-2752. When submitting the request, please identify your name, your telephone number (including the area code first), and the agenda item number you would like to comment on. During the Council meeting, a representative from the City Clerk’s Office will call you when public comment is called for the requested item. You will then be able to provide your comments to the Council via telephone. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ En cumplimiento de la Ley de Estadounidenses con Discapacidades, si necesita asistencia especial para participar en esta reunión, llame a la Oficina del Secretaría de la Ciudad (707) 967- 2792. La notificación 72 horas antes de la reunión, como lo requiere la Sección 202 de la Ley de Estadounidenses con Discapacidades, permitirá a la Ciudad hacer arreglos razonables para garantizar la accesibilidad a esta reunión.
LA CIUDAD DE ST. HELENA ALIENTA LA PARTICIPACIÓN PÚBLICA EN LÍNEA EN
REUNIONES VIRTUALES DEL CONSEJO DE LA CIUDAD
St. Helena, CA– La Ciudad de St. Helena está comprometida con la participación pública en el gobierno de la Ciudad de manera que sea consistente con la guía proporcionada por el Oficial de Salud Pública del Condado de Napa y la Orden Ejecutiva N-25-20 del Gobernador Newsom. Estas pautas se relacionan con el distanciamiento social y están destinadas a proteger a todos al limitar
la propagación de COVID-19 en nuestra comunidad. En cumplimiento de estas pautas, el Ayuntamiento de St. Helena organizará una Reunión del Consejo Virtual sobre Zoom; Una herramienta de teleconferencia gratuita que permite a los usuarios mirar y / o llamar a la reunión desde sus computadoras o teléfonos. Esta reunión estará abierta al público y permite comentarios públicos en vivo. La reunión también se grabará, se transmitirá en vivo y se publicará en el sitio web de la Ciudad después de la clausura de la reunión si se presentan dificultades técnicas:
https://sthelena.civicweb.net/Portal/
El enlace web de ZOOM, la identificación de la reunión y el número de teléfono se enumerarán en la parte superior de la Agenda de la reunión del Ayuntamiento. Se le pedirá que ingrese la ID de la reunión, pero no habrá contraseña ni ID de participante.
Cómo ver o escuchar las reuniones del Consejo:
1. Veala a través del canal 28 de Comcast
2. Vea el video de transmisión en vivo en el sitio web de la ciudad
3. Mire y escuche en Zoom.us haciendo clic en el enlace en la Agenda del Consejo
4. Escuche llamando al número de Zoom listado en la Agenda del Consejo Vea la reunión del Consejo uniéndose a la reunión Zoom:
1. Por computadora, tableta o teléfono:
a. Antes de unirse a la reunión virtual del Ayuntamiento, le recomendamos que descargue la aplicación Zoom. Para registrarse en su propia cuenta gratuita, visite zoom.us/signup e ingrese su dirección de correo electrónico. Recibirá un correo electrónico de Zoom (no[email protected]) . En este correo electrónico, haga clic en Activar cuenta. b. Si ha iniciado sesión en su cuenta, ingrese la ID de la reunión que figura en la Agenda del Ayuntamiento. Si no ha creado una cuenta, vaya a: https://zoom.us/join e ingrese la ID de la reunión
c. Seleccione si desea conectar audio y / o video y toque Unirse a la reunión. re. Para obtener instrucciones específicas para su dispositivo, vaya a: https://support.zoom.us/hc/enus/articles/201362193-Joining-a-Meeting
2. Escuche solo por teléfono:
a. Marque el número que figura en la Agenda del Consejo. b. Cuando se le solicite, ingrese la ID de la reunión provista en la parte superior de la Agenda de la reunión del Concejo Municipal y presione #. No se requiere una identificación de participación.
c. Para desconectarse de la reunión, cuelgue el teléfono Formas de proporcionar comentarios públicos:
Mientras asiste a la reunión virtual del Ayuntamiento, el público tendrá la oportunidad de proporcionar comentarios públicos en vivo durante el Foro Público y después de cada tema de la agenda. Cuando sea el momento apropiado para comentarios públicos, el Alcalde abrirá verbalmente los comentarios públicos. En este momento, cada individuo tiene permitido 4 minutos parahablar.
1. Envíe un comentario público por adelantado a
[email protected]
La forma más fácil de proporcionar comentarios públicos es enviar su comentario público por correo electrónico. Los comentarios públicos pueden enviarse por correo electrónico a [email protected] en la línea de asunto "COMENTARIO AL CONSEJO y el PUNTO DEL PROGRAMA". Cualquier comentario público debe presentarse a más tardar 2 horas antes de la reunión programada y se incluirá como un archivo adjunto a la agenda. Todos los comentarios públicos se harán públicos y se adjuntarán al articulo de la agenda y no se leerán en voz alta. Todos los comentarios públicos que se reciban después de las 4:00 PM se adjuntarán a la agenda al día siguiente.
• 2. Proporcione comentarios a través de la reunión Zoom desde una computadora, tableta o teléfono inteligente
Esta opción permite que el público asista virtualmente a la reunión como un "asistente" silenciado sin capacidades de video o pantalla compartida. Podrá ver y escuchar a los participantes en la reunión, pero no podrán escucharlo hasta que el anfitrión de permisio.
Si desea proporcionar comentarios públicos durante un elemento específico de la agenda o durante un foro público, puede usar la función "levantar la mano" ubicada en el panel de control en la parte inferior de la pantalla. El icono es una pequeña mano azul. En Windows también puede usar el atajo de teclado Alt + Y para subir o bajar la mano. En Mac también puedes usar el atajo de teclado Alt + Y para subir o bajar lamano.
Se le notificará al anfitrión que ha levantado la mano y se lo colocará en fila con todas las solicitudes entrantes
Cuando sea su turno de hablar, se le notificará que el anfitrión le ha dado permiso de hablar. Para ser retirado de la fila, simplemente haga clic de nuevo el botón “levantar la mano”.
3. Llame a la reunión de ZOOM desde un teléfono fijo o móvil solamente
Esta opción le permite al miembro del público la oportunidad de participar verbalmente en comentarios públicos.
Si desea hablar durante el tiempo de comentarios públicos, marque * 9 en su teléfono.
Se le notificará al anfitrión que le gustaría hablar y se colocará en fila con todas las solicitudes entrantes.
Cuando sea su turno de hablar, se le notificará que el anfitrión le ha dado permiso de hablar.
Puede presionar * 9 nuevamente si desea ser eliminado de la fila.
MINUTES
City of St. Helena
Special City Council Meeting
Monday, January 24, 2022 @ 5:00 PM
A complete video recording of this meeting, except for closed session, can be found at https://sthelena.civicweb.net/Portal/ or by calling the City Clerk at (707) 968-2742. The City Council video is the official record of the Council meeting.
Present: Mayor Geoff Ellsworth, Vice Mayor Paul Dohring, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Eric Hall
Absent: None
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. ADOPTION OF THE AGENDA
4.1 Adoption of the agenda
City Clerk Cindy Tzafopoulos reported no new changes to the agenda.
Vice Mayor Paul Dohring moved to adopt the agenda as presented. The motion was seconded by Council Member Anna Chouteau and on roll call carried by the following vote:
AYES: Mayor Geoff Ellsworth, Vice Mayor Paul Dohring, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Eric Hall NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
5. PUBLIC COMMENT:
Under California law, public comments at special meetings are limited to subjects on the agenda only. Therefore public comment will take place during consideration of the item.
6. NEW BUSINESS:
6.1 Discussion and Direction Regarding Funding Options to Address City Agenda Item #9.1.
Special City Council
January 24, 2022
Infrastructure Deficiencies Including Consideration of Potential General Obligation Bond on the June 2022 Ballot
Prepared By: Mark T. Prestwich, City Manager
City Manager Mark Prestwich reported on the item.
Del Rio Advisors Representative Ken Dieker addressed the City Council.
No public comment was received.
It was the consensus of the City Council to call a special meeting workshop on January 31, 2022 to discuss a potential General Obligation Bond to be placed on the June 7, 2022 Statewide Direct Primary Election. The focus will be on storm drain investment, paving and recycled water projects.
7. ADJOURNMENT
Mayor Ellsworth adjourned the meeting at 6:47 p.m.
The special meeting minutes of January 24, 2022 were adopted at the February 8, 2022 regular City Council meeting.
APPROVED:
______________________________
Geoff Ellsworth, Mayor
ATTEST:
_________________________
Cindy Tzafopoulos, City Clerk
Agenda Item #9.1.
MINUTES
City of St. Helena
Regular City Council Meeting
Tuesday, January 25, 2022 @ 6:00 PM
A complete video recording of this meeting, except for closed session, can be found at https://sthelena.civicweb.net/Portal/ or by calling the City Clerk at (707) 968-2742. The City Council video is the official record of the Council meeting.
Present: Mayor Geoff Ellsworth, Vice Mayor Paul Dohring, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Eric Hall
Absent: None
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ADOPTION OF THE AGENDA
3.1 Adoption of the agenda
City Clerk Cindy Tzafopoulos noted no new changes to the agenda.
Council Member Anna Chouteau moved to approve the agenda as presented.
The motion was seconded by Council Member Eric Hall and on roll call carried by the following vote:
AYES: Mayor Geoff Ellsworth, Vice Mayor Paul Dohring, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Eric Hall NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
4. ROLL CALL
5. PUBLIC FORUM:
William Lyman, Kate Lundquist, and Elaine de Man addressed the City Council.
6. REPORTS BY STAFF AND CITY COUNCIL, FUTURE AGENDA ITEMS, and AB 1234 REPORTS:
City Attorney Ethan Walsh reported on the Closed Session meeting of January 25, Agenda Item #9.1.
Regular City Council
January 25, 2022
2022 discussing the existing Picaso litigation and Labor Negotiations, no reportable action was taken from either item.
Council Member Chouteau asked for an agenda item to be added to a date uncertain in February 2022 for a Resolution declaring a climate emergency and including a priority list of actions. Mayor Ellsworth agreed.
Reports were made by Staff and City Council.
7. PRESENTATIONS AND PUBLIC RECOGNITIONS
7.1 Napa Firewise - St. Helena Fire Safe Council Presentation by Chris Warner and Jeff Farmer.
Fire Safe Council Representatives Chris Warner and Jeff Farmer provided a presentation.
8. STAFF BRIEFING
None
9. CONSENT ITEMS
Members of the Council or the public may ask that any items be considered individually for purposes of considering alternative action, for extended discussion, or for public comment. Unless that is done, one motion may be used to adopt all recommended actions. (Roll Call Vote)
9.1 Consideration and proposed approval of Regular Meeting Minutes of January 11, 2022.
Prepared By: Cindy Tzafopoulos, City Clerk
9.2 December 2021 Review and Forecasting of City Water Supply Availability CEQA Determination: Exempt
Prepared By: Martin Beltran, Management Analyst
Recommendation:
Receive and file.
9.3 Consideration and Proposed Approval of the Second Reading and Adoption of an Ordinance Amending Chapter 2.56 of the St. Helena Municipal Code Pertaining to the Parks and Recreation Commission
CEQA Determination: Not a CEQA project
Prepared By: Mark T. Prestwich, City Manager
Recommendation:
Proposed approval of the second reading and adoption of an Ordinance amending Chapter 2.56 of the St. Helena Municipal Code pertaining to the Parks and Recreation Commission, by title only and waive further reading.
Agenda Item #9.1.
Regular City Council
January 25, 2022
9.4 Consideration and proposed adoption of a Resolution Authorizing: (1) the City Manager to execute Amendment No. 1 to STH Contract: FY2021-077 with Operational Technical Services for temporary Wastewater Treatment Operators in the amount of $100,293 for a total amount not-to-exceed $200,913; and (2) a Wastewater Fund budget increase of $100,293 to 571- 5029-2020; and (3) the City Manager to execute Amendment No. 2 to STH Contract: FY2021-048 with Operational Technical Services for temporary Water Treatment Operators in the amount of $348,561 for a total amount notto-exceed $783,491; and (4) a Water Fund budget increase of $152,802 to 561-5034-2020; and (6) use of Water Operations Fund balance of $152,802.
CEQA Determination: Not a CEQA project
Prepared By: Martin Beltran, Management Analyst
Recommendation:
Staff recommends adoption of the attached Resolution.
9.5 Consideration and Proposed Approval of a Resolution Authorizing: (1) Amendment #4 to STH Contract: FY2019-075 with BKF for Additional Vine Trail Route Study for an additional $11,000 for a total not-to-exceed amount of $792,600; (2) authorizing use of General Fund reserves in the amount of $11,000; and (3) authorizing a budget increase of $11,000 in the General Fund (Fund 101) expenses to be transferred to the Civic Capital Fund (Fund 733).
CEQA Determination: Not a CEQA project
Prepared By: Preya Nixon, Asst. to the City Manager
Recommendation:
Staff recommends Council approve the attached Resolution.
9.6 Consideration and approval of a resolution approving an agreement with Liebert Cassidy Whitmore for various employee relations training and services at no cost to the City of St. Helena which is offered through the Sonoma/Marin Employment Relations Consortium.
CEQA Determination: Not a CEQA project
Prepared By: April Mitts, Administrative Services Director Recommendation:
Staff recommends adopting the resolution and authorizing the City Manager to execute the agreement.
Council Member Anna Chouteau moved to approve Consent items 9.1 through
9.6. The motion was seconded by Council Member Eric Hall and on roll call carried by the following vote:
AYES: Mayor Geoff Ellsworth, Vice Mayor Paul Dohring, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Eric Hall NOES: None
Agenda Item #9.1.
Regular City Council
January 25, 2022
ABSENT: None
ABSTAIN: None
RECUSE: None
10. PUBLIC HEARINGS
10.1 Consideration and proposed adoption of the following:
1. Adopt a resolution recommending that the City Council approve the Mitigated Negative Declaration / Mitigation Monitoring and Reporting Program for the project, make the required findings; and
2. Adopt a resolution making specific findings and recommending City Council approve the proposed Mills Lane Storm Drain Improvements Project.
*This item was noticed to be heard at the November 9, 2021 regular City Council meeting and was subsequently continued to the December 14, 2021, January 11, 2022 and January 25, 2022, regular City Council meetings. This item is being continued again to the February 8, 2022 regular City Council meeting.
11. OLD BUSINESS
11.1 None
12. NEW BUSINESS
12.1 Discussion and Direction Regarding Potential Ballot Measure to Eliminate a Directly Elected Mayor
Estimated start time: 6:35 p.m.
CEQA Determination: Not a CEQA project
Prepared By: Mark T. Prestwich, City Manager
Recommendation:
Discuss and provide direction to the City Manager.
City Manager Mark Prestwich reported on the item.
Pat Dell, Norma Ferriz, Nancy Dervin, and Elaine de Man addressed the City Council.
It was the consensus of the City Council to support placing a ballot measure to eliminate a directly elected Mayor with consideration of applying a rotational system for the Mayor’s seat on City Council.
Council Member Hardy recommended a change in the proposed wording of the Agenda Item #9.1.
Regular City Council
January 25, 2022
ballot question so it would read as follows: “Shall the position of a directly elected Mayor be eliminated so that the St. Helena City Council is composed of five members who select a City Council Member to be Mayor.” City Attorney Ethan Walsh agreed.
Council Member Chouteau requested a resolution be brought back at the next Regular City Council meeting of February 8, 2022.
City Council called for a break at 7:45pm and reconvened the meeting at 7:51pm.
12.2 Review of FY 2022-23 Budget Calendar
CEQA Determination: Not a CEQA project
Prepared By: April Mitts, Administrative Services Director Recommendation:
Receive and File
Administrative Services Director April Mitts reported on the item.
No public comment was received.
The report was received and filed.
12.3 City Council Meeting 2022 Calendar Discussion
CEQA Determination: Not a CEQA project
Prepared By: Cindy Tzafopoulos, City Clerk
Recommendation:
Discuss and provide direction regarding the 2022 City Council meeting schedule.
City Clerk Cindy Tzafopoulos reported on the item.
No public comment was received.
It was the consensus of the City Council to move forward with the proposed City Council Meeting 2022 Calendar. The proposed calendar includes cancelling the first regular meeting in July and the second regular meeting in December.
13. ITEMS LIKELY TO BE PLACED ON THE NEXT OR FUTURE MEETING AGENDA:
13.1 Will be added prior to the meeting.
Agenda Item #9.1.
Regular City Council
January 25, 2022
14. ADJOURNMENT
Mayor Ellsworth adjourned the meeting at 8:02 p.m.
The regular meeting minutes of January 25, 2022 were adopted at the February 8, 2022 regular City Council meeting.
APPROVED:
______________________________
Geoff Ellsworth, Mayor
ATTEST:
_________________________
Cindy Tzafopoulos, City Clerk
Agenda Item #9.1.
MINUTES
City of St. Helena
Special City Council Meeting
Monday, January 31, 2022 @ 5:30 PM
A complete video recording of this meeting, except for closed session, can be found at https://sthelena.civicweb.net/Portal/ or by calling the City Clerk at (707) 968-2742. The City Council video is the official record of the Council meeting.
Present: Mayor Geoff Ellsworth, Vice Mayor Paul Dohring, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Eric Hall
Absent: None
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. ADOPTION OF THE AGENDA
4.1 Adoption of the agenda
City Clerk Cindy Tzafopoulos noted no new changes to the agenda.
Council Member Anna Chouteau moved to move approval of the agenda. The motion was seconded by Council Member Eric Hall and on roll call carried by the following vote:
AYES: Mayor Geoff Ellsworth, Vice Mayor Paul Dohring, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Eric Hall NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
5. PUBLIC COMMENT:
Under California law, public comments at special meetings are limited to subjects on the agenda only. Therefore, public comment will take place during consideration of the item.
6. OLD BUSINESS:
6.1 Discussion and Direction Regarding Funding Options to Address City Agenda Item #9.1.
Special City Council
January 31, 2022
Infrastructure Deficiencies Including Consideration of Potential General Obligation Bond on the June 2022 Ballot
City Manager Mark Prestwich reported on the item.
Administrative Services Director April Mitts and Del Rio Advisors Representative Ken Dieker addressed the City Council.
Arlene Corsetti, Nancy Dervin, Mark Smithers, Tom Belt and Oliver Caldwell addressed the City Council.
It was the consensus of the City Council to direct staff to bring back a draft ordinance for a general obligation bond and an edit to the City Council financial policy that allows for voter approved funding strategies at the February 8, 2022 regular City Council meeting. Staff will also bring forward the necessary resolutions to place the item on the June 7, 2022 ballot.
7. ADJOURNMENT
Mayor Ellsworth adjourned the meeting at 7:30 p.m.
The special meeting minutes of January 31, 2022 were approved at the regular meeting of February 8, 2022.
APPROVED:
______________________________
Geoff Ellsworth, Mayor
ATTEST:
_________________________
Cindy Tzafopoulos, City Clerk
Agenda Item #9.1.
Report to the City Council
Regular City Council - 08 Feb 2022
Agenda Section: CONSENT ITEMS
Subject: Consideration and Proposed Approval of a Resolution Authorizing the Tenth Amendment to Unrepresented
Compensation Program Updating Section 11.4 Sick Leave
Payout.
CEQA
Determination:
Not a CEQA project
Prepared By: April Mitts, Administrative Services Director Reviewed By: Mark T. Prestwich, City Manager
Approved By: Mark T. Prestwich, City Manager
BACKGROUND
Compensation and benefit terms for the City's mid-managers and department directors are outlined in an "Unrepresented Compensation" program approved by the City Council.
The current program was initially approved on March 8, 2016 and has has eight subsequent amendments.
DISCUSSION
On May 8, 2021, City Council approved the fourth amendment to the Unrepresented Compensation Program. At that time, Section 11.4 Sick Leave Payout was amended to reduce future unfunded liabilities and to further stabilize the City's long-term financial sustainability. The amendment discontinued the sick leave accrual incentive benefit for mid-managers and department directors after May 8, 2018.
The City of St. Helena encourages succession planning, and unintentionally included language in Amendment No. 4 that would preclude any employee moving from another bargaining group to the unrepresented group from receiving a benefit previously earned.
On February 1, 2022, the City Manager met with the unrepresented employees to share this oversight and presented recommended changes which would allow employees Agenda Item #9.2.
promoted into an unrepresented compensation position to retain previously earned sick leave balances in accordance with their prior bargaining group's MOU. The unrepresented employees supported this recommendation.
Additionally, one clean-up item is included in Section 11.4.3.
A summary of the updated language is below and Attachment 1 provides a redlined version of Section 11.4 Sick Leave Payout.
11.4 Sick Leave Payout:
11.4.1 Payout upon separation, the City will pay out 50% of accrued sick leave for an employee who was an unrepresented compensation member before May 8, 2018. A new City employee who is hired into an unrepresented compensation position on or after May 8, 2018 will not be eligible for any sick leave pay out.
11.4.2 Retirees conversion, upon meeting REMIFs retiree eligibility to participate in retiree benefits, an employee who was an unrepresented compensation member before May 8, 2018, will have the option of using 100% of their accrued sick leave towards health premiums.A new Cityemployee who is hired into an unrepresented compensation position on or after May 8, 2018 will not be eligible to convert any of their accrued sick leave towards health premiums.
11.4.3 The City will not pay the employee upon separation in good standing from City employment for unused sick leave accrued on or after July 1, 2020. No new sick leave hours will be eligible for the conversation or payout benefits described in Section 11.4 of the Program beginning July 1, 2020. Those employees who had accrued hours eligible for this benefit on or before June 30, 2020 will have such eligible hours placed into a separate bank and will be permitted to convert them in accordance with the provisions of Section 11.4.
FISCAL IMPACT
None
RECOMMENDED ACTION
Approval of the attached Resolution.
ATTACHMENTS
Attachment 1 - 10 Tenth Amendment Unrepresented Comp Program 2022-02-08 Full Document Redlined
Attachment 2 - Tenth Amendment to Unrepresented Compensation Program 2022-02- 08 Attachment 3 - Resolution Tenth Amendment Unrepresented Compensation Program MM-DH
Agenda Item #9.2.
UNREPRESENTED COMPENSATION
PROGRAM
(Ninth Tenth Amendment)
July 14, 2020February 8, 2022 – June 30, 2022
Adopted: March 8, 2016
First Amendment: June 24, 2016
Second Amendment: September 13, 2016
Third Amendment: June 27, 2017
Fourth Amendment: May 8, 2018
Fifth Amendment: October 8, 2019
Sixth Amendment: October 22, 2019
Seventh Amendment: July 14, 2020
Eighth Amendment: October 13, 2020
Ninth Amendment (inadvertently numbered as Eighth): February 9, 2021 Agenda Item #9.2.
CITY OF ST. HELENA
UNREPRESENTED EMPLOYEE COMPENSATION PROGRAM
SECTION 1: INTRODUCTION
Section 1.1 Employee Definitions
Section 1.2 Purpose of the Unrepresented Employee Compensation Program
Section 1.3 Employees Covered
Section 1.4 Exempt Status of Management Employees Covered SECTION 2: EMPLOYMENT CONTRACTS
SECTION 3: EMPLOYEE SALARY COMPENSATION
Section 3.1 Annual Salary Adjustments
Section 3.2 Salary Schedule
Section 3.3 Confidential Pay Differential
Section 3.4 Bi-lingual Pay
Section 3.5 Out-of-Class Pay
SECTION 4: RETIREMENT BENEFITS
Section 4.1 Tier One: Pension Formulas
Section 4.2 Tier Two: Pension Formulas
Section 4.3 Tier Three: PEPRA Pension Formulas
Section 4.4 Cost Sharing Implementation – All Tiers
Section 4.5 Converting Sick Leave Balance
Section 4.6 Other Options Included in CalPERS Contract
Section 4.7 Implementation of Internal Revenue Code Section 414(h)(2) Section 4.8 All Provisions Subject to Requirements of Law SECTION 5: INSURANCE BENEFITS
Section 5.1 General Provisions
Section 5.2 Life Insurance
Section 5.3 Short-term Disability
Section 5.4 Vision Care
SECTION 6: HOLIDAYS
SECTION 7: VACATION LEAVE
Section 7.1 Vacation Entitlement
Section 7.2 Vacation Accrual
Section 7.3 Vacation usage
SECTION 8: EXECUTIVE LEAVE
Agenda Item #9.2.
SECTION 9: OTHER LEAVES OF ABSENCE
Section 9.1 Sick Leave
Section 9.2 Family Care
Section 9.3 Bereavement Leave
Section 9.4 Industrial Accident Leave
Section 9.5 Miscellaneous Leave With Pay
Section 9.6 FLMA and CFRA Leaves
Section 9.7 Leave for Pregnancy, Childbirth and Related Medical Conditions
Section 9.8 Leave of Absence Without Pay
Section 9.9 Military leave
SECTION 10: TRAINING AND PROFESSIONAL GROWTH
Section 10.1 Professional Seminars and Training
Section 10.2 Professional Membership Fees
Section 10.3 College Tuition Reimbursement
SECTION 11: OTHER BENEFITS
Section 11.1 Vehicle Allowance for Unrepresented
Employees
Section 11.2 Deferred Compensation Plan
Section 11.3 Health Club Membership
Section 11.4 Sick Leave Payout
Section 11.5 St. Helena Charity Based Events
Section 11.6 Uniform Allowance
SECTION 12 : TERMINATION ALLOWANCE
Section 12.1 Severance Pay
Section 12.2 Allowance Schedule
Agenda Item #9.2.
SECTION 1: INTRODUCTION
All provisions of this resolution only apply to At-will Executive Management, MidManagement, and Confidential employees (together “Employees”) as defined herein.
1.1 Employee Definitions:
At-Will Executive Management Employee – an employee who serves at the will of the City Manager and who has responsibility for formulating, administering, and/or managing City policies and programs. In the City, this would typically be department heads.
Mid-Management Employee – an employee whose position is just below the department heads or City Manager and is responsible for managing a distinct responsibility area.
Mid-Managers are in regular City service and are not at-will.
Confidential Employee – a Mid-Management employee, who in the course of his or her duties, has access to confidential information relating to the City’s administration of employer-employee relations. This access may include instances of an occasional but critical nature or due to the employee whose position requires the incumbent to provide direct administrative support to a manager who has such access.
1.2 Purpose of the Unrepresented Employee Compensation Program:
For At-will Executive Management, Mid-Management, and Confidential employees (together “Employees”), this resolution is adopted to promote the development of a stronger, more effective Management Team, not merely for purposes of employeremployee relations but also as a means of recognizing outstanding management performance in all public service areas. These general purposes may be achieved through several means, notably: training, more effective communication among departments, and clear identification of goals and objectives. Also inherent in such a program is the means of retaining good department heads and mid-managers and strengthening the managers (if any) who’s effectiveness and performances fall short of reasonable levels of expectation. This resolution is also referred to herein as the “Unrepresented Program.” This resolution sets forth all of the compensation and benefits for the positions set forth in section 1.3.
1.3 Employees Covered:
Employees covered under this program shall include the following:
A. At-Will Executive Management
Administrative Services Director
Fire Chief
Library Director
Planning & Building Director
Police Chief
Agenda Item #9.2.
14 Public Works Director
Parks & Recreation Director
City Clerk
B. Mid-Management
Assistant Public Works Director
Chief Building Official
Library Manager
Police Lieutenant
Management Analyst
Public Works Assistant Operations Manager
Senior Management Analyst (non-Confidential)
Senior Planner
Operations Manager
Senior Engineer
C. Confidential
Assistant Administrative Services Director
Assistant to the City Manager
Human Resources Manager
Senior Management Analyst
Additional job classes may be added to the Unrepresented Program from time to time, based upon the creation of additional City departments/divisions, the addition of new positions, or by the reclassification of existing positions to either At-will Management, Mid-Management, or Confidential based upon the nature of the work.
1.4 Exempt Status of Employees Covered:
The City has reviewed the salaries and duties of the Employees covered under the Unrepresented Program and has determined that these employees are exempt from the overtime provisions of the federal Fair Labor Standards Act.
SECTION 2: EMPLOYMENT CONTRACTS
The Executive Management employees as designated in Section 1.3(A) shall be “At Will” employees, and shall enter into an employment contract, confirming the “At Will” status of the employee and setting forth any special pay or benefits such as severance pay. Employment contracts with all At-will Executive Management employees will be approved by the City Manager, or, in the case of the City Manager’s employment contract, approved by the Council, pursuant to the terms of the City of St. Helena Municipal Code, authorizing the City Manager to appoint all At-will Executive Management employees except the City Attorney.
Agenda Item #9.2.
14 SECTION 3: EMPLOYMEE SALARY COMPENSATION
3.1 Annual Salary Adjustment:
3.1.1 Effective in July 2018 on the first full payroll period of Fiscal 2018-19, unrepresented employees will receive a three and one-half (3 ½) percent salary increase.
3.1.2 Upon completion of the Citywide Classification and Compensation study and any City Council action that is taken as a result of recommendations identified from the study, unrepresented members and the City will commence a reopener for Fiscal Year 2019/2020.
3.2 Salary Schedule:
The salary ranges for Employees covered by this Unrepresented Compensation Program are set forth in Exhibit 1, attached to this resolution, and made a part hereof by reference.
3.3 Confidential Pay Differential:
Each Confidential employee will receive a 3% pay differential to be added to the employee’s base pay. This 3% pay differential will not be added to the salary range for that job class. If at any time that a currently designated Confidential employee who receives the confidential differential is deemed to be Non-Confidential, the 3% confidential differential will cease at that time, and the City will take appropriate steps to reclassify the position.
3.4 Bilingual Pay:
Bilingual pay for fluency in both English and Spanish will be paid to employees who are routinely and consistently assigned to communicate in Spanish or to provide translation for City business by communicating in Spanish. For employees who are certified as fluent in both written and verbal Spanish language, bilingual pay will be five percent (5%) of the designated employee’s base salary. For employees who are certified as fluent only in verbal Spanish language, bilingual pay will be two and one-half percent (2.5%) of the designated employee’s base salary. Only designated employees certified by the City as fluent in both English and Spanish are eligible for this additional pay.
3.5 Out-Of-Class Pay
Pay for Performing Full Duties of Higher Class: When, because of the absence of a Department Head, Executive Management, Mid-Management, or Confidential personnel, an Employee performs substantially all of the functions (full-time) of a higher Classification, the Employee will receive an increase of ten percent (10%) of his/her base wage. The increase will be effective after the third (3rd) week of the assumption of those duties and continue during the period those duties are being performed by the employee on a full-time basis. Out-OfAgenda Item #9.2.
14 Class-Pay must be pre-approved, in writing, by the City Manager, and will be reportable to CalPERS as special compensation to the extent permitted by CalPERS rules and regulations.
Pay for Performing Partial Duties of Higher Class: When an Employee is temporarily assigned to perform substantial functions of a higher classification for at least a period of one month, but does not perform those additional duties on a full-time basis and/or the Employee assigned to the position normally responsible for the duties is not absent, the City Manager has the discretion to provide an increase of up to five percent (5%) of the Employee’s normal base wage effective on the first day of assumption of the substantial additional duties and continuing until the City Manager determines that the assignment of the additional duties ceases. This additional pay is provided at the City Manager’s sole discretion and must be pre-approved in writing. Under current CalPERS rules and regulations, this pay for performing partial duties of the higher class is not reportable special compensation.
SECTION 4: RETIREMENT BENEFITS
Management Employees are provided retirement benefits under the California Public Employee Retirement System (CalPERS) as described in this Section 4.
4.1 Tier One: 2% at 55 Retirement Program (Miscellaneous Group) and 3% at 50 (Safety Group) – Employees Hired Before July 1, 2012 (Tier One Classic Members)
This section 4.1 (including subsections) shall apply to miscellaneous employees hired before July 1, 2012.
4.1.1 2% at 55 or 3% at 50 Pension Formulas: The “2% @ 55” (for miscellaneous employees) or “3% @ 50” (for safety employees) retirement programs will be available to members covered by this Section 4.1.
4.1.2 Final Compensation Based On 12-Month Period: For the purposes of determining a retirement benefit, final compensation for members covered by this Section 4.1 shall mean the highest twelve (12) consecutive month period as specified in Government Code Section 20042.
4.1.3 Required Member Contributions:
4.1.3.1 Members covered by this Section 4.1 shall continue to pay, through payroll deduction, the full 7.0% member contribution for Miscellaneous Group and
9.0% member contribution for the Safety Group.
4.1.3.2 Miscellaneous Member Pension Cost Sharing: Beginning on the effective date of the amendment to the CalPERS contract providing for cost sharing (estimated date, Spring 2016), miscellaneous members covered by this Section 4.1 shall pay, through payroll deduction, the full 7.0% employee contribution plus an additional 1% of compensation earnable toward the City’s costs for a total contribution of 8% toward the normal cost of pension benefits as Agenda Item #9.2.
14 permitted by Government Code Section 20516.
4.2 Tier Two: 2% at 60 Retirement Program (Miscellaneous Group) or 3% at 55 (Safety Group) for Members Hired On or After July 1, 2012, and Before December 31, 2012, and Unit Members Qualified for Reciprocity (Tier Two Classic Members):
This Section 4.2 (including subsections) shall apply to members hired on or after July 1, 2012, and before January 1, 2013. In addition, this Section 4.2 shall apply to members hired on or after January 1, 2013, who are qualified for pension reciprocity as stated in Government Code Section 7522.02(c) and related CalPERS reciprocity (Classic Member) requirements:
4.2.1 2% at 60 or 3% at 55 Pension Formulas: The “2% @ 60” (for miscellaneous) or “3% @ 55” (for safety) retirement programs will be available to members covered by this Section 4.2.
4.2.2 Final Compensation Based On 36-Month Period: For the purposes of determining a retirement benefit, final compensation for members covered by this Section 4.2 shall mean the highest annual average pensionable compensation earned during thirty-six (36) consecutive months of service.
4.2.3 Required Member Contributions
4.2.3.1 Employees covered by this Section 4.2 shall continue to pay, through payroll deduction, the full 7.0% member contribution for Miscellaneous Group and 9.0% member contribution for the Safety Group.
4.2.3.2 Miscellaneous Member Pension Cost Sharing: Beginning on the effective date of the amendment to the CalPERS contract providing for cost sharing (estimated date, Spring 2016), miscellaneous employees covered by this Section 4.2 shall pay, through payroll deduction, the full 7.0% member contribution plus an additional 1% of compensation earnable towards the City’s costs for a total contribution of 8% toward the normal cost of pension benefits as permitted by Government Code Section 20516.
4.3 Tier Three: 2% at 62 PEPRA Retirement Tier (Miscellaneous Group) or 3% at 57 (Safety Group) is Required For Members Hired On or After January 1, 2013 and Not Qualified For Reciprocity (Not a Classic Member):
This Section 4.3 (including subsections) shall apply to members who were hired on or after January 1, 2013, and who do not qualify for pension reciprocity (not a Classic Member) as stated in Government Code Section 7522.02(c).
4.3.1 2% at 62 or 3% at 57 Pension Formulas: The “2% @ 62” (for miscellaneous) or “3% @ 57” (for safety) retirement programs will be available to members covered by this Section 4.3.
4.3.2 Final Compensation Based On 36-Months: Effective January 1, 2013, for the purposes of determining a retirement benefit, final compensation for members covered by this Section 4.3 shall mean the highest annual average pensionable compensation earned during thirty-six (36) consecutive months of service as required by Government Code Section 7522.32.
4.3.3 Required Member Contributions
Agenda Item #9.2.
14 4.3.3.1 Required 50% of Normal Costs: As required by Government Code Section 7522.04(g), effective January 1, 2013, members covered by this Section 4.3 shall pay, through payroll deduction, fifty percent (50%) of normal costs.
4.3.3.2 Miscellaneous Member Pension Cost Sharing: Beginning on the effective date of the amendment to the CalPERS contract providing for cost sharing (expected Spring of 2016), in addition to paying 50% of normal costs as described above, employees covered by this Section 4.3 shall pay, through payroll deduction, an additional 1.0% of pensionable compensation toward the City’s cost of pension benefits as permitted by Government Code Section 20516.
4.4 Cost Sharing Implementation – All Tiers:
CalPERS mandates an election of employees, separate from adoption of this resolution, to provide for this cost sharing pursuant to Government Code Section 20516. As soon as practicable, the City will initiate the contract amendment process for miscellaneous employee cost sharing. Upon completion of the City’s amendment to the CalPERS contract, miscellaneous member contributions will be made pursuant to Government Code Section 20516, Member Cost Sharing of Additional Benefits. The City will consider cost sharing for the Fire Chief at a future date.
4.5 Converting Sick Leave Balance:
An employee who retires may convert his/her unused sick leave balance to service credit as provided by Government Code Section 20965. Any accrued unused sick leave credit that is paid out at termination will not be available for conversion to service credit.
4.6 Other Options Included In CalPERS Contract: Employees shall be eligible for other options included in the City’s contract with CalPERS as stated in that contract, and allowed by law.
4.7 Implementation of Internal Revenue Code Section 414(h)(2):
As permitted by Internal Revenue Code Section 414(h)(2) and Government Code Section 20516, each employee shall pay, through payroll deductions, the PERS contributions described in this Article 11 with state and federal income tax on the PERS member contribution deferred to the extent permitted by Internal Revenue Code, 26 USC Section 414(h)(2).
4.8 All Provisions Subject to Requirements of Law:
The City is required to comply with all requirements of law governing the CalPERS retirement program, including, but not limited to eligibility and reporting requirements. In implementing this Unrepresented Compensation Program Resolution and related practices, the City will comply with the requirements of law, and those legal requirements prevail over any inconsistent prior practices or prior resolutions.
SECTION 5: INSURANCE BENEFITS
Agenda Item #9.2.
14 5.1 General Provisions:
The City will pay the full cost of the employee’s health insurance plan to cover both the employee and the employee’s dependents. The City will pay the full cost for dental coverage for the employee and her/his dependents. When an employee commences work with the City, the effective date of coverage of his/her benefits distribution selection shall be established by the individual carrier. In most cases, coverage begins the first of the month following date of hire.
Employees will choose from available insurance programs and/or health and welfare plans at the time of hire or as carriers allow during Open Enrollment periods. Dependent coverage may be added or deleted between Open Enrollment periods subject to conditions imposed by the selected carriers.
5.2 Life Insurance:
The City will provide term life insurance for each employee, not to exceed $50,000.
Employees may elect to increase the value of their life insurance policy by $20,000 at their own expense for a total policy value of $70,000. Employees opting for the additional coverage will have the cost of that coverage deducted from their pay.
5.3 Short-term Disability Insurance: The City will pay for the employee’s cost to participate in the State Disability Insurance (SDI) program.
5.4 Vision Care: The City will pay for vision care benefits, for the employee and all dependents through VSP Vision Care Insurance.
SECTION 6: HOLIDAYS
All Unrepresented employees shall receive 12 paid holidays per year, as follows:
Holiday Day Observed
New Year's Day January 1
Martin Luther King, Jr. Birthday 3rd Monday in January
President's Day 3rd Monday in February
Cesar Chavez Birthday March 31st
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day 1st Monday in September
Veteran's Day November 11th
Thanksgiving Day 4th Thursday in November
Day after Thanksgiving Friday following Thanksgiving
Christmas Eve Day December 24th
Christmas Day December 25th
It is the intent of this resolution that all full-time employees receive 12 paid holidays regardless of their assigned workweek. When a holiday falls on a Saturday, the Agenda Item #9.2.
14 preceding Friday shall be deemed a holiday. When a holiday falls on a Sunday, the following Monday shall be deemed a holiday. When an employee is required to work on a holiday, s/he may select another day as holiday leave with pay during the fiscal year with the consent of the City Manager.
Floating Holidays: Except for the calendar year they are hired, on January 1st of each year, employees earn 16 hours of floating holiday for use during that calendar year, taken in at least 8-hour increments. The hours must be used by the end of the calendar year and does not accrue. After five years of service, employees earn 40 hours of floating holiday.
SECTION 7: VACATION LEAVE
7.1 Vacation Entitlement:
Employees shall accumulate vacation in accordance with the following vacation entitlement schedule:
Years of Vacation Days
Continuous Service Earned/Year
1 – 5 years 10
6 th year 15
7 th year 16
This pattern continues until 20 days per year is reached. On the employee’s 25th anniversary and every five years thereafter, one additional day will be awarded on that year.
7.2 Vacation Accrual:
Employees shall begin earning vacation upon the first day of employment. Vacation leave time shall be accrued as it is earned; odd fractions rounded to the nearest tenth.
Vacation time shall not be taken until earned and shall be subject to other provisions of this resolution. When an employee is on a leave without pay status, s/he shall not be entitled to earn vacation.
For purposes of calculating vacation earned upon termination, the employee’s final accrual will be prorated, based on the days worked in the employee’s last month of employment. Upon termination of an employee’s service with the City, s/he shall be paid a lump sum for all earned vacation not taken, at the employee’s hourly rate then in effect.
An employee who was a member of the unrepresented compensation program before May 8, 2018 may accrue a maximum of 380 vacation hours. An employee who is hired or promoted into an unrepresented compensation position on or after May 8, 2018 may accrue a maximum of 280 vacation hours.
Agenda Item #9.2.
14 7.3 Vacation Usage:
An employee may take vacation at a time approved by the employee’s direct supervisor, or, in the case of the City Manager, after notification of the City Council. It is the policy of the City that employees take their normal provided vacation leave each year.
Employees should not be earning vacation leave once their accrued vacation balance has reached 380 hours. All employees who have accrued at least 380 hours of vacation shall expend at least 80 hours of vacation leave per calendar year with at least 40 hours being consecutive.
SECTION 8: EXECUTIVE LEAVE
In recognition of the extra hours required to perform at the level of management, including attendance at numerous meetings outside normal working hours and the fact that employees who are exempt from FLSA are not compensated for overtime work, the following executive leave policy shall be implemented:
Each FLSA-exempt, unrepresented employee may receive up to five (5) days Executive Leave annually at the discretion of the City Manager provided on January 1st of each year. On January 1st of each year, all hours not taken in the prior year will be lost unless an extension of time is granted by the City Manager. Additionally, at-will executive staff, the Assistant Administrative Services Director, the Assistant Public Works Director, and the Assistant to the City Manager may receive up to another five (5) days Executive Leave annually at the discretion of the City Manager provided on July 1st of each year, and all hours not taken by December 31st of the same year will be lost unless an extension of time is granted by the City Manager.
Newly hired employees shall have Executive Leave awarded to them in the following pro-rated manner:
If the employee is hired from:
January – March 40 hours awarded on the date of hire
April – June 30 hours awarded on the date of hire
July – September 20 hours awarded on the date of hire, 40 hours additional atwill October – December 10 hours awarded on the date of hire, 20 hours additional atwill SECTION 9: OTHER LEAVES OF ABSENCE
Agenda Item #9.2.
14 9.1 Sick Leave:
Employees shall accrue and use sick leave in accordance with City of St. Helena Personnel/Administrative on Sick Leave.
9.2 Family Care:
Except as otherwise required by state or federal law, sick leave may be used to care for the employee’s child, spouse, or domestic partner who is incapacitated by a serious health condition as defined by state of federal Law. Sick leave utilized for Family Care shall not exceed forty-eight (48) hours per occurrence.
9.3 Bereavement Leave:
Leave with pay up to 3 days per year in state/5 days out of state shall be granted by the City Manager to employees in case of the death of spouse or domestic partner regardless of gender, parent or step-parent, grand-parent, child, or stepchild, brother or sister, parent-in-law, brother/sister-in-law, son/daughter-in-law, or any relative in the immediate household of the employee. Bereavement leave shall not be charged against any accumulated leave. Additional time off (vacation, executive leave) may be taken if approved by the City Manager.
9.4 Industrial Accident Leave:
The City shall provide paid leave and benefits consistent with the State’s Worker’s Compensation laws.
9.5 Miscellaneous Leave With Pay:
Employees shall be granted a leave of absence with full pay for jury duty; subpoena of the employee as a witness; or attendance in court resulting from the employee’s official duties as assigned by the City Manager. Any compensation received by the employee for the above, except for travel reimbursement, shall be promptly remitted to the City by the employee.
9.6 Leave Pursuant to the Family and Medical Care Leave Act and the California Family Rights Act:
Employees shall be entitled to take leave in response to the birth or adoption of a child, or the placement of a child with the employee for foster care; the employee’s own serious health condition, or to care for a child, parent or spouse of the employee who has a serious health condition; for a “qualifying exigency” arising from the foreign deployment of the employee’s spouse, son, daughter, or parent with the Armed Forces; or to care for a servicemember with a serious injury or illness if the employee is the servicemember’s spouse, son, daughter, parent or next of kin, as specified in the federal Family and Medical Care Leave Act (FMLA) and the California Family Rights Act (Government Code Section 12945.2). Employees may use their accrued leave balances during such leave.
If the period of leave exceeds the employer’s accrued leave balances, the employee shall take the balance of the leave as unpaid leave.
Agenda Item #9.2.
14 9.7 Leave for Pregnancy, Childbirth and Related Medical Conditions (California Government Code Section 12945):
In addition to leave authorized by Section 9.6, eligible employees may take leave based on pregnancy, childbirth, or related medical conditions pursuant to California Government Code Section 12945. Generally, this leave should not exceed six (6) weeks for a normal pregnancy, childbirth, or related conditions, but may be taken for a period of up to a total of four (4) months if the employee is disabled due to pregnancy, childbirth, or other medical conditions. The need for leave beyond six (6) weeks due to disability shall be verified in writing by the employee’s physician. The employee may use accrued leave balances during leave taken pursuant to this Section. If the period of leave exceeds the employee’s accrued leave balances, the balance of the leave shall be taken as unpaid leave.
9.8 Leave of Absence Without Pay:
Upon the written request of any employee, the City Manager may approve in writing a leave of absence without pay for a period up to thirty (30) calendar days. Except in the cases of illness or maternity, an employees' request for Leave Without Pay shall be submitted to the City Manager, accompanied by a recommendation or an explanation from the manager as to how an adequate level of service can be maintained during her/his absence. Such leave may be extended up to one calendar year by action of the City Council.
9.9 Military Leave:
An employee called to active duty in any reserve component of the Armed Forces of the United States or the National Guard shall be granted a leave of absence for the duration of said active duty. Any full-time employee on a military leave of absence shall be compensated as outlined in the City’s Personnel Policies Manual if the employee provides proper documentation from the Commanding Officer concerning their active duty; or, if the employee is a Commanding Officer, with a copy of the order to report to active duty and any applicable extension orders.
SECTION 10: TRAINING AND PROFESSIONAL GROWTH
10.1 Professional Seminars and Training:
To promote continued development of skills, knowledge, and abilities among the Employee, the City Manager may grant time off to employee(s) for educational leave.
Such leave may be received in order to attend professional, technical, or managerial workshops, courses, conferences, conventions, seminars, or related activities. The cost of attendance at these activities, including travel, per diem, registration, tuition, materials or other reasonable costs, are legitimate City expenditures as provided for in the annual City Budget.
10.2 Professional Membership Fees:
Most At-will Executive Management, Mid-Management, and Confidential personnel are expected to maintain membership in appropriate professional organizations. These memberships serve to acquaint the City with the current state-of-the-art in these Agenda Item #9.2.
14 professional areas by means of publications and special activities. The City will include the costs of these membership fees in the respective department budgets, subject to approval by the City Manager.
10.3 College Tuition Reimbursement:
An employee who is taking courses in a field related to his/her employment may receive reimbursement for tuition and/or materials up to $1,500 per year of the reasonable cost for books and tuition per fiscal year.
SECTION 11: OTHER BENEFITS
11.1 Vehicle Reimbursement:
Covered employees to a far greater extent than most other City employees are required to travel throughout the City and the County to fulfill their job requirements. This travel is frequently required outside of normal working hours. In recognition of this employment requirement, the City may provide either the use of a City vehicle or pay an auto allowance of $200 per month. In addition, if travel is required by the employee in his/her personal vehicle beyond the County line, mileage shall be reimbursed at the same rate as set by the IRS.
11.2 Deferred Compensation Plan:
Employees may elect payroll deductions in an amount permissible under IRS regulations, to be placed in a deferred compensation program administered at no cost to the City. To the extent allowed by law, such monies deposited would become tax deferred and would be subject to income taxation in the year they are withdrawn from the deferred compensation program. The City shall match up to $200 per month to the employee’s contribution into the City’s deferred compensation program.
11.3 Health Club Membership:
The City will pay a one-time membership fee of $25.00 towards employee enrollment in a health clubs.
11.4 Sick Leave Payout:
11.4.1 Payout upon separation, the City will pay out 50% of accrued sick leave for an employee who was an unrepresented compensation member before May 8, 2018. An A new City employee who is hired or promoted into an unrepresented compensation position on or after May 8, 2018 will not be eligible for any sick leave pay out.
11.4.2 Retirees conversion, upon meeting REMIFs retiree eligibility to participate in retiree benefits, an employee who was an unrepresented compensation member before May 8, 2018, will have the option of using 100% of their accrued sick leave towards health premiums. An A new City employee who is hired or promoted into an unrepresented compensation position on or after May 8, 2018 will not be eligible to convert any of their accrued sick leave towards health Agenda Item #9.2.
14 premiums.
11.4.3 The City will not pay the employee upon separation in good standing from the City employment for unused sick leave accrued on or after July 1, 2020. No new sick leave hours will be eligible for the conversion or payout benefits described in Section 11.4 of the Program beginning July 1, 2020. Those employees who had accrued hours eligible for this benefit on or before June 30, 2020 will have such eligible hours placed into a separate bank and will be permitted to be convert them in accordance with the provisions of Section 11.4.
11.5 St. Helena Charity Based Events:
In recognition of the importance of being engaged with the St. Helena community, Unrepresented Employees are eligible to be reimbursed for charity event tickets related to their employment. To be eligible for reimbursement, the event must be held within the County of Napa and directly benefit the St. Helena community. Event tickets may be purchased only for the employee up to a total reimbursable amount of $750.00 per calendar year.
11.6 Uniform Allowance:
Sworn Personnel that are members of the unrepresented compensation program shall receive an annual uniform allowance in the amount of $750. The Uniform Allowance will be paid twice a year: in December and June, in equal amounts.
SECTION 12: TERMINATION ALLOWANCE
12.1 Severance Pay:
In order to foster job security within a professional climate, At-will Executive Management employees who receive no protection from the City’s Personnel System may be entitled to severance pay when they are discharged from the City service. Atwill Management employees terminated for cause are not eligible for severance benefits.
12.2 Allowance Schedule:
At-will Executive Management employees shall generally be entitled to two (2) months’ salary, excluding fringe benefits. All specific severance pay terms and conditions must be included in the employee’s Employment Contract, as noted in section 2 (Employment Contracts). In no event shall an employee receive a severance that is greater than the employee’s salary multiplied by the number of months left on the unexpired term of the employee’s employment contract, and all severance provisions shall comply with all other requirements of law.
Agenda Item #9.2.
Tenth Amendment to Unrepresented Compensation Program
Between
CITY OF ST. HELENA AND MID-MANAGER AND DEPARTMENT HEADS As authorized by the City Council through Resolution 2022-__, approved on February 8, 2022, this Tenth Amendment to the Unrepresented Compensation Program Dated March 8, 2016 is made and effective February 8, 2022 between the City of St. Helena (“City”), a municipal corporation (City) and MidManagers and Department Heads (“Employee”), collectively “the Parties.”
RECITALS
WHEREAS, on March 8, 2016, City Council approved Resolution 2016-36 establishing a new Unrepresented Compensation Program for Mid-Managers and Department Heads with an effective date from March 8, 2016 through December 31, 2016; and
WHEREAS, on June 14, 2016, City Council approved Resolution 2016-75 Amendment No. 1 to the Unrepresented Compensation Program for Mid-Managers and Department Heads authorizing at-will executive staff up to an additional 40 hours of executive leave annually; and WHEREAS, on September 13, 2016, City Council approved Resolution 2016-124 Amendment No. 2 to the Unrepresented Compensation Program for Mid-Managers and Department Heads to amend Section 8 to include the Assistant Public Works Director position as an eligible position to receive 40 additional hours of executive leave per the same conditions as at-will executive positions; and WHEREAS, on June 27, 2017, City Council approved Resolution 2017-93 Amendment No. 3 to the Unrepresented Compensation Program for Mid-Managers and Department Heads: (1) extending the term of the program to end on December 31, 2017 and (2) updating Section 1.3.B. to include the Utilities Operations Manager as an eligible position; and WHEREAS, on May 8, 2018, City Council approved Resolution 2018-57 Amendment No. 4 to the Unrepresented Compensation Program for Mid-Managers and Department Heads: (1) covering the period of January 1, 2018 through June 30, 2020, (2) adding Section 3.5 Out-of-Class Pay, (3) amending Section 7.2 Vacation Accrual and Section 7.3 Vacation Usage, (4) updating Section 11.1 Vehicle Reimbursement to $200 per month in accordance with the change to bi-weekly pay schedule, (5) updating section 11.2 Deferred Compensation Plan match to $200 per month in accordance with the change to bi-weekly pay schedule, (6) amending Section 11.4 Sick Leave Payout, and (7) addition of Section 11.6 Uniform Allowance; and
WHEREAS, on October 8, 2019, City Council approved Resolution 2019-119 Amendment No. 5 to the Unrepresented Compensation Program for Mid-Managers and Department Heads to amend Section 8 to include the Assistant to the City Manager position as an eligible position to receive 40 additional hours of executive leave per the same conditions as at-will executive positions and to amend Section
1.3.C. to include the Assistant to the City Manager; and WHEREAS, on October 22, 2019, City Council approved Resolution 2019-126 Amendment No. 6 to the Unrepresented Compensation Program for Mid-Managers and Department Heads to update Section 1.3 Covered Employees with new classification recommendations based on a classification and compensation study; and
Agenda Item #9.2.
WHEREAS, on July 14, 2020, as a result of the COVID-19 pandemic’s impact on the City’s finances, City Council approved Resolution 2020-79 Amendment No. 7 to the Unrepresented Compensation Program for Mid-Managers and Department Heads temporarily amending Section 3, Section 7.2, Section 10.3, Section 11.2, Section 11.5, and Section 11.5, adding Section 13, and extending the term of the Program to June 30, 2022; and
WHEREAS, on October 13, 2020, City Council approved Resolution 2020-102 Amendment No. 8 to include the Senior Engineer classification as a covered employee under Section 1.3 of the Unrepresented Compensation Program; and
WHEREAS, on February 9, 2021, City Council approved Resolution 2021-19 Amendment No. 9 (inadvertently numbered as Amendment No. 8) to the Unrepresented Compensation Program for MidManagers and Department Heads which, upon the retirement of the HR/IT Director: (1) reorganized personnel positions, roles, and responsibilities consolidating the HR/IT and Finance Departments into a new Administrative Services Department with the Administrative Services Director assuming the responsibilities prescribed in SHMC Chapter 2.24 Director of Finance/Treasurer; (2) included the Human Resources Manager classification as a covered employee under Section 1.3; (3) removed the HR/IT Director and Finance Director classifications as covered employees; (4) included the Administrative Services Director and Assistant Administrative Services Director as covered employees under Section
1.2; and (5) updated Section 8 to include the Assistant Public Works Director, as authorized through Resolution 2016-124, and Assistant Administrative Services Director as eligible to receive up to another five days of Executive Leave annually at the discretion of the City Manager provided on July 1st of each year; and
WHEREAS, on May 8, 2021, City Council approved the fourth amendment to the Unrepresented Compensation Program which included an amendment to Section 11.4 Sick Leave Payout that reduced future unfunded liabilities and further stabilized the City’s long-term financial sustainability; and WHEREAS, the fourth amendment discontinued the leave accrual incentive benefit for midmanagers and department directors after May 8, 2018; and WHEREAS, the City encourages succession planning, and unintentionally included language in the fourth amendment precluding any employee moving from another bargaining group to the Unrepresented Group from receiving a benefit previously earned; and WHEREAS, the City desires to update the language to allow employees promoted into the Unrepresented Compensation Program to retain previously earned sick leave balances in accordance with their bargaining group’s MOU; and
NOW, THEREFORE, inconsideration of the mutual premises, covenants and conditions herein contained, the Parties agree to amend the Unrepresented Compensation Program as follows:
Section 11.4 Sick Leave Payout
11.4.1 Payout upon separation, the City will pay out 50% of accrued sick leave for an employee who was an unrepresented compensation member before May 8, 2018. A new City employee who is hired into an unrepresented compensation position on or after May 8, 2018 will not be eligible for any sick leave pay out.
11.4.2 Retirees conversion, upon meeting REMIFs retiree eligibility to participate in retiree benefits, an employee who was an unrepresented compensation member before May 8, 2018, will have the option Agenda Item #9.2.
of using 100% of their accrued sick leave towards health premiums. A new City employee who is hired into an unrepresented compensation position on or after May 8, 2018 will not be eligible to convert any of their accrued sick leave towards health premiums.
11.4.3 The City will not pay the employee upon separation in good standing from City employment for unused sick leave accrued on or after July 1, 2020. No new sick leave hours will be eligible for the conversation or payout benefits described in Section 11.4 of the Program beginning July 1, 2020. Those employees who had accrued hours eligible for this benefit on or before June 30, 2020 will have such eligible hours placed into a separate bank and will be permitted to convert them in accordance with the provisions of Section 11.4.
All other terms of the Unrepresented Compensation Program shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have accepted, made, and executed this Agreement upon the terms, conditions, and provision above stated, the day and year first written above.
CITY OF ST. HELENA
A Municipal Corporation
By:_________________________ By: ________________________ Mark T. Prestwich Cindy Tzafopoulos
City Manager City Clerk
Approved as to Form:
By: ________________________
Ethan Walsh, City Attorney
Agenda Item #9.2.
CITY OF ST. HELENA
RESOLUTION NO. 2022-___
APPROVING THE TENTH AMENDMENT OF THE
UNREPRESENTED COMPENSATION PROGRAM FOR MIDMANAGERS AND DEPARTMENT HEADS EFFECTIVE FEBRUARY 8, 2022 UPDATING SECTION 11.4 SICK LEAVE
PAYOUT ALLOWING EMPLOYEES PROMOTED INTO AN
UNREPRESENTED COMPENSATION POSITION TO RETAIN
PREVIOUSLY EARNED SICK LEAVE BALANCES IN
ACCORDANCE WITH THEIR BARGAINING GROUP’S MOU.
RECITALS
WHEREAS, on March 8, 2016, City Council approved Resolution 2016-36 establishing a new Unrepresented Compensation Program for Mid-Managers and Department Heads with an effective date from March 8, 2016 through December 31, 2016; and
WHEREAS, on June 14, 2016, City Council approved Resolution 2016-75 Amendment No. 1 to the Unrepresented Compensation Program for Mid-Managers and Department Heads authorizing at-will executive staff up to an additional 40 hours of executive leave annually; and
WHEREAS, on September 13, 2016, City Council approved Resolution 2016- 124 Amendment No. 2 to the Unrepresented Compensation Program for Mid-Managers and Department Heads to amend Section 8 to include the Assistant Public Works Director position as an eligible position to receive 40 additional hours of executive leave per the same conditions as at-will executive positions; and WHEREAS, on June 27, 2017, City Council approved Resolution 2017-93 Amendment No. 3 to the Unrepresented Compensation Program for Mid-Managers and Department Heads: (1) extending the term of the program to end on December 31, 2017 and (2) updating Section 1.3.B. to include the Utilities Operations Manager as an eligible position; and
WHEREAS, on May 8, 2018, City Council approved Resolution 2018-57 Amendment No. 4 to the Unrepresented Compensation Program for Mid-Managers and Department Heads: (1) covering the period of January 1, 2018 through June 30, 2020, (2) adding Section 3.5 Out-of-Class Pay, (3) amending Section 7.2 Vacation Accrual and Section 7.3 Vacation Usage, (4) updating Section 11.1 Vehicle Reimbursement to $200 per month in accordance with the change to bi-weekly pay schedule, (5) updating section 11.2 Deferred Compensation Plan match to $200 per month in accordance with the change to bi-weekly pay schedule, (6) amending Section 11.4 Sick Leave Payout, and (7) addition of Section 11.6 Uniform Allowance; and WHEREAS, on October 8, 2019, City Council approved Resolution 2019-119 Amendment No. 5 to the Unrepresented Compensation Program for Mid-Managers and Agenda Item #9.2.
Department Heads to amend Section 8 to include the Assistant to the City Manager position as an eligible position to receive 40 additional hours of executive leave per the same conditions as at-will executive positions and to amend Section 1.3.C. to include the Assistant to the City Manager; and
WHEREAS, on October 22, 2019, City Council approved Resolution 2019-126 Amendment No. 6 to the Unrepresented Compensation Program for Mid-Managers and Department Heads to update Section 1.3 Covered Employees with new classification recommendations based on a classification and compensation study; and WHEREAS, on July 14, 2020, as a result of the COVID-19 pandemic’s impact on the City’s finances, City Council approved Resolution 2020-79 Amendment No. 7 to the Unrepresented Compensation Program for Mid-Managers and Department Heads temporarily amending Section 3, Section 7.2, Section 10.3, Section 11.2, Section 11.5, and Section 11.5, adding Section 13, and extending the term of the Program to June 30, 2022; and
WHEREAS, on October 13, 2020, City Council approved Resolution 2020-102 Amendment No. 8 to include the Senior Engineer classification as a covered employee under Section 1.3 of the Unrepresented Compensation Program; and WHEREAS, on February 9, 2021, City Council approved Resolution 2021-19 Amendment No. 9 (inadvertently numbered as Amendment No. 8) to the Unrepresented Compensation Program for Mid-Managers and Department Heads which, upon the retirement of the HR/IT Director: (1) reorganized personnel positions, roles, and responsibilities consolidating the HR/IT and Finance Departments into a new Administrative Services Department with the Administrative Services Director assuming the responsibilities prescribed in SHMC Chapter 2.24 Director of Finance/Treasurer; (2) included the Human Resources Manager classification as a covered employee under Section 1.3; (3) removed the HR/IT Director and Finance Director classifications as covered employees; (4) included the Administrative Services Director and Assistant Administrative Services Director as covered employees under Section 1.2; and (5) updated Section 8 to include the Assistant Public Works Director, as authorized through Resolution 2016-124, and Assistant Administrative Services Director as eligible to receive up to another five days of Executive Leave annually at the discretion of the City Manager provided on July 1st of each year; and
WHEREAS, on May 8, 2021, City Council approved the fourth amendment to the Unrepresented Compensation Program which included an amendment to Section 11.4 Sick Leave Payout that reduced future unfunded liabilities and further stabilized the City’s long-term financial sustainability; and
WHEREAS, the fourth amendment discontinued the leave accrual incentive benefit for mid-managers and department directors after May 8, 2018; and WHEREAS, the City encourages succession planning, and unintentionally included language in the fourth amendment precluding any employee moving from another bargaining group to the Unrepresented Group from receiving a benefit previously earned; and
Agenda Item #9.2.
WHEREAS, the City desires to update the language to allow employees promoted into the Unrepresented Compensation Program to retain previously earned sick leave balances in accordance with their bargaining group’s MOU; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. HELENA AS FOLLOWS:
1. In consideration of the mutual premises, covenants and conditions herein contained, the Parties agree to amend the Unrepresented Compensation Program as follows:
Section 11.4 Sick Leave Payout
11.4.1 Payout upon separation, the City will pay out 50% of accrued sick leave for an employee who was an unrepresented compensation member before May 8, 2018. A new City employee who is hired into an unrepresented compensation position on or after May 8, 2018 will not be eligible for any sick leave pay out.
11.4.2 Retirees conversion, upon meeting REMIFs retiree eligibility to participate in retiree benefits, an employee who was an unrepresented compensation member before May 8, 2018, will have the option of using 100% of their accrued sick leave towards health premiums. A new City employee who is hired into an unrepresented compensation position on or after May 8, 2018 will not be eligible to convert any of their accrued sick leave towards health premiums.
11.4.3 The City will not pay the employee upon separation in good standing from City employment for unused sick leave accrued on or after July 1, 2020. No new sick leave hours will be eligible for the conversation or payout benefits described in Section 11.4 of the Program beginning July 1, 2020. Those employees who had accrued hours eligible for this benefit on or before June 30, 2020 will have such eligible hours placed into a separate bank and will be permitted to convert them in accordance with the provisions of Section 11.4.
Approved at a Regular Meeting of the St. Helena City Council on February 8, 2022, by the following vote:
Mayor Geoff Ellsworth: ____
Vice Mayor Paul Dohring: ____
Council Member Anna Chouteau: ____
Council Member Lester Hardy: ____
Council Member Eric Hall: ____
Agenda Item #9.2.
APPROVED: ATTEST:
______________________ ________________________
Geoff Ellsworth, Mayor Cindy Tzafopoulos, City Clerk
Agenda Item #9.2.
Report to the City Council
Regular City Council - 08 Feb 2022
Agenda Section: CONSENT ITEMS
Subject: Consideration and proposed approval of a resolution approving Amendment No. 2 STH Contract: FY2021-083 with 4Leaf, Inc. in an amount of $3,000 for a total not-to-exceed amount of $62,890 for Water Regulation Code Enforcement and Outreach.
CEQA
Determination:
Not a CEQA project
Prepared By: April Mitts, Administrative Services Director Reviewed By: April Mitts, Administrative Services Director Approved By: Mark T. Prestwich, City Manager
BACKGROUND
In accordance with the St. Helena Municipal Code, the City Council declared a water emergency on June 23, 2020 which moved the City into Phase I Water Regulations. On October 13, 2020 emergency water conditions continued and City Council declared Phase II Water Restrictions.
To assist with the increase in work load due to the water emergency, the City executed STH Contract: FY2021-083 on May 4, 2021 with 4Leaf for $24,890 to provide water regulation outreach, education, code enforcement, and verification of property/landscape areas (Attachment 1).
As the water emergency continued, the City continued to have a need for Water Regulation Code Enforcement and Outreach services. On September 14, 2021, City Council authorized Amendment No. 1 to the 4Leaf contract by an additional $35,000 for a total not-to-exceed amount of $59,890 (Attachment 2).
DISCUSSION
Agenda Item #9.3.
Amendment No. 1 to the agreement enabled the City to retain the services of 4Leaf through early December 2021. Upon exhaustion of funds, the City provided notification of the end of the contract. Once notified, it was necessary for 4Leaf to finalize current projects and provide a de-brief to staff. This incurred an additional 24-hours of work beyond the contracted amount.
Staff recommends City Council authorize Amendment No. 2 to the agreement by an additional $3,000 for a total not-to-exceed amount of $62,890 for payment of the final invoice.
FISCAL IMPACT
Approval of Amendment No. 2 for $3,000 will bring the total not-to-exceed contract amount to $62,890. A budget adjustment is not necessary as funds for this amendment can absorbed in the current adopted budget.
RECOMMENDED ACTION
Approve the attached resolution.
ATTACHMENTS
Attachment 1 - STH Contract FY2021-083 4Leaf Water Regulations Compliance Attachment 2 - STH Contract FY2021-083-01A 09-14-21 4LEAF Attachment 3 - STH Contract FY2021-083 Amendment #2
Attachment 4 - Resolution 4Leaf Amendment 2
Agenda Item #9.3.
4Leaf, Inc. 050421
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on _____________, 2021 by and between the City of St. Helena, located in the County of Napa, State of California (City), and 4Leaf, Inc. (Consultant).
RECITALS:
A. City desires to employ Consultant to furnish professional services in connection with the project described as Water Regulation Code Enforcement.
B. Consultant has represented that Consultant has the necessary expertise, experience, and qualifications to perform the required duties.
NOW, THEREFORE, in consideration of the mutual premises, covenants, and conditions herein contained, the parties agree as follows:
SECTION 1 – BASIC SERVICES
Consultant agrees to perform the services set forth in Exhibit A, “Scope of Services” and made part of this Agreement.
SECTION 2 – ADDITIONAL SERVICES
Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement that are in addition to or outside of those set forth in this Agreement or Exhibit A, “Scope of Services” (the “Services”), unless such additional Services and compensation are authorized in advance and in writing by the City Council or City Manager of the City.
SECTION 3 – TIME FOR COMPLETION
The time for completion of Services shall be as identified in Exhibit A, “Scope of Services”. The parties expressly agree that time is of the essence in the performance of this Agreement.
SECTION 4 – COMPENSATION AND METHOD OF PAYMENT
A. Subject to any limitations set forth in this Agreement, City agrees to pay consultant the amount specified in Exhibit B, “Compensation” attached hereto and made a part hereof. Total compensation shall not exceed $24,890 unless additional compensation is approved in accordance with Section 2.
B. Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories if applicable: labor (by sub-category), travel, materials, equipment, supplies, subconsultant contracts, and miscellaneous expenses. Each original invoice furnished shall include the expenses incurred during the preceding month, the cumulative Agreement amount, Agenda Item #9.3.
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and the amount remaining on the Agreement. City shall independently review each invoice submitted to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. If no charges or expenses are disputed, the invoice shall be approved, and City will use its best efforts to cause Consultant to be paid within 30 days of receipt of invoice. If the City disputes any charges or expenses, the City will return the original invoice to Consultant for correction and resubmission. If the City reasonably determines, in its sole judgment, that the invoiced charges and expenses exceed the value of the Services performed to date and that it is probable that the Agreement will not be completed satisfactorily within the contract price, City may retain the disputed invoiced charges and expenses. Within thirty (30) days of satisfactory completion of the project, City shall pay the retained amount, if any, to Consultant.
C. Payment to the Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
SECTION 5 – STANDARD OF PERFORMANCE
A. Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services described herein. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons in the same or similar geographical area engaged in providing Services similar to those required of Consultant under this Agreement.
B. In order to induce City to enter into this Agreement, Consultant represents that it is duly organized, existing and in good standing under applicable state law; Consultant is licensed to perform all aspects of the Services; Consultant will employ only persons and Subconsultants with all required licenses and certifications; that Consultant is duly qualified to conduct business in the State; that Consultant has duly authorized the execution, delivery and performance of this Agreement and the Services to be performed herein; and that the Agreement does not violate or create a default under any instrument, agreement, order or decree binding on Consultant.
SECTION 6 – INSPECTION AND FINAL ACCEPTANCE
City may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant’s work within sixty (60) days after submitted to City, unless the parties mutually agree to extend such deadline. City shall reject work by a timely written explanation, otherwise Consultant’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects and fraud. Acceptance of any of Consultant’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, the sections pertaining to indemnification and insurance.
Agenda Item #9.3.
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SECTION 7 – INSURANCE REQUIRED
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees, as indicated:
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.
B. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations, as applicable. If Commercial General Liability Insurance or other form with a General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer’s Liability: $1,000,000 per accident for bodily injury or disease.
C. Professional Liability Insurance. When Consultant under this Agreement is duly licensed under California Business and Professions Code as an architect, landscape architect, environmental engineer or other professional engineer, or land surveyor (“design professional”), Consultant shall maintain at least $2,000,000 of professional liability insurance. When Consultant is not a design professional, Consultant shall maintain at least $1,000,000 of professional liability insurance combined single limit for each occurrence, insuring against professional errors and omissions in the Services performed by Consultant under this Agreement, including, without limitation, claims for negligence and inaccurate advise arising out of, resulting from, or in connection with Services performed by Consultant under this Agreement.
D. Excess Limits. If Consultant maintains higher limits than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
E. Primary Coverage. For any claims related to this contract the Consultants insurance coverage shall be primary insurance as respects to City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of Consultants insurance and shall not contribute with it.
F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured Agenda Item #9.3.
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retentions of $50,000 or greater must be declared to and approved by the City.
G. Other Insurance Provisions. The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its agent, officers, officials, employees, and volunteers are to be covered as additional insured as respects: liability arising out of work or operations performed by the Consultant or Consultant’s subconsultants; or automobile owned, leased, hired or borrowed by the Consultant.
2. For any claims related to Consultant’s conduct while performing the work of this project, the Consultant’s insurance coverage shall be primary insurance as respects the City, its agents, officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its agents, officers, officials, employees or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.
4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subsection (b) of Section 2782 of the Civil Code.
H. Waiver of Subrogation. Consultant’s commercial general liability, automobile liability, workers’ compensation, and employer’s liability policies shall be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its agents, officers, officials, employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City.
I. The Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the City.
J. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on forms that conform to City requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.
SECTION 8 – INDEMNIFICATION
A. To the fullest extent allowed by law (including without limitation California Civil Code Sections 2782 and 2782.8), as may be applicable, Consultant shall indemnify, defend, and hold harmless City, its agents, officers, officials, employees, representatives, and volunteers from any and all claims, demands, suits, loss, damages, injury, and/or liability (including any and all costs and expenses in connection therewith, including legal fees and expert witness costs) (collectively, “Liabilities”), incurred by reason of any negligent or otherwise wrongful act or Agenda Item #9.3.
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omission of Consultant, its officers, agents, employees, subconsultants, and subcontractors, or any of them, under or in connection with this Agreement; and Consultant agrees at its own cost, expense and risk to defend any and all claims, actions, suits, or other legal proceedings brought or instituted against City, its agents, officers, officials, employees and volunteers, or any of them, arising out of, pertaining to, or relating to such negligent or otherwise wrongful act or omission, and to pay and satisfy any resulting judgments.
B. When Consultant under this Agreement is duly licensed under California Business and Professions Code as an architect, landscape architect, professional engineer, or land surveyor (i.e., a “design professional,” pursuant to Civil Code § 2782.8(c)), the provisions of this section regarding Consultant’s duty to defend and indemnify apply only to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant.
C. If any action or proceeding is brought against Indemnitees by reason of any of the matters against which Consultant has agreed to indemnify Indemnitees as provided above, Consultant, upon notice from City, shall defend Indemnitees at Consultant’s expense.
Indemnitees need not have first paid for any of the matters to which Indemnitees are entitled to Indemnification in order to be so indemnified. The insurance required to be maintained by Consultant shall ensure Consultant’s obligations under this section, but the limits of such insurance shall not limit the liability of Consultant hereunder. The provisions of this section shall survive the expiration or earlier termination of this Agreement.
D. The provisions of this section do not apply to claims to the extent occurring as a result of the City’s, its agents, officers, officials, employees and volunteers sole negligence, active negligence, or willful acts or misconduct.
E. Duty to Cooperate. Each party shall notify the other party immediately in writing of any claim or damage related to activities or Services performed under this Agreement. The parties shall cooperate with each other in the investigation and disposition of all Liabilities arising out of the activities or Services under this Agreement.
F. In the event that Consultant executes any subconsulting agreements in connection with the Services performed under this Agreement, Consultant shall place in all such subconsulting agreements, and cause its subconsultants to agree to, the indemnity and insurance obligations in favor of City and other Indemnitees, as provided herein, in the exact form and substance of those contained in this Agreement.
G. Further, Consultant will defend and indemnify City, and hold it harmless, from any claim, demand or liability that is related to, or results from an assertion that as a result of providing services to City, a Consultant employee or a person performing work pursuant to this Agreement is entitled to benefits from, or is covered by, the Social Security retirement system or the California Public Employee Retirement Systems. Notwithstanding the foregoing, however, Consultant’s obligation for any payments to such a claimant shall be limited to those payments which the City may be required to pay. This indemnity obligation shall survive the termination or expiration of this Agreement.
SECTION 9 – INDEPENDENT CONTRACTOR STATUS
Agenda Item #9.3.
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A. Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant shall have no authority to bind City in any manner or to incur an obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.
B. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant’s officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees or agents are in any manner officials, officers, employees or agents of City.
C. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
SECTION 10 – CONFLICTS OF INTEREST AND ANTI-FRAUD AND ANTICORRUPTION POLICIES A. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of Services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts with the interests of City in the performance of this Agreement.
B. City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related Services for other governmental agencies and private parties. Consultant is aware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section.
C. Consultant understands and acknowledges City maintains an anti-fraud and anticorruption policy to protect the City, its operations, and its employees from and against financial risks, operational breaches, and unethical, fraudulent and corrupt activities. Consultant represents and warrants that Consultant, its subcontractor(s) / subconsultant(s) and their respective employees providing Services pursuant to the Agreement are (1) in good standing; (2) have not been previously investigated, convicted, or debarred for fraudulent or corrupt activities; (3) will not participate in fraudulent or corrupt activities, and (4) will take steps to ensure that its employees and subcontractor(s) / subconsultant(s) employees do not participate in any fraudulent or corrupt activities. Consultant acknowledges and agrees further that it has a duty to and will report to City any information or incident(s) about possible fraudulent or corrupt activities Agenda Item #9.3.
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Consultant may discover, and will cooperate in any fraud or corruption investigation conducted, with respect to Consultant’s service provided pursuant to this Agreement.
SECTION 11 – OWNERSHIP OF DOCUMENTS
A. All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the course of providing any Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. When requested by City, but no later than three years after project completion, Consultant shall deliver to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.
B. All copyrights, patents, trade secrets, or other intellectual property rights associated with any ideas, concepts, techniques, inventions, processes, improvements, developments, works of authorship, or other products developed or created by Consultant during the course of providing Services (collectively the “Work Product”) shall belong exclusively to City. The Work Product shall be considered a “work made for hire” within the meaning of Title 17 of the United States Code. Without reservation, limitation, or condition, Consultant hereby assigns, at the time of creation of the Work Products, without any requirement of further consideration, exclusively and perpetually, any and all right, title, and interest Consultant may have in the Work Product throughout the world, including without limitation any copyrights, patents, trade secrets, or other intellectual property rights, all rights of reproduction, all rights to create derivative works, and the right to secure registrations, renewals, reissues, and extensions thereof.
SECTION 12 – CONFIDENTIAL INFORMATION; RELEASE OF
INFORMATION
A. All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
B. Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement.
Response to a subpoena or court order shall not be considered “voluntary” provided consultant gives City notice of such court order or subpoena.
C. If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Consultant’s conduct.
D. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery Agenda Item #9.3.
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request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite such response.
SECTION 13 – SUSPENSION OF WORK
City may, at any time, by ten (10) days written notice suspend further performance by Consultant. All suspensions shall extend the time schedule for performance in a mutually satisfactory manner and Consultant shall be paid for Services performed and reimbursable expenses incurred prior to the suspension date.
SECTION 14 – COMPLIANCE WITH LAW
Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Consultant shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.
SECTION 15 – COMPLIANCE WITH CIVIL RIGHTS
During the performance of this contract, Consultant agrees as follows:
A. Equal Employment Opportunity. In connection with the execution of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, ancestry, age, sexual orientation, gender, gender identity and gender expression as protected categories specifically and expressively in that category, physical handicap, medical condition, marital status, sex, or national origin. Such actions shall include, but not be limited to, the following: employment, promotion, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training including apprenticeship.
B. Nondiscrimination Civil Rights Act of l964. Consultant will comply with all federal regulations relative to nondiscrimination to federally-assisted programs.
C. Solicitations for Subcontractors including Procurement of Materials and Equipment.
In all solicitations, either by competitive bidding or negotiations, made by Consultant for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor, supplier, or lessor shall be notified by Consultant of Consultant’s obligations under this Agreement and the regulations relative to nondiscrimination.
SECTION 16 – COMPLIANCE WITH CALIFORNIA LABOR CODE
REQUIREMENTS
Agenda Item #9.3.
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A. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
B. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
C. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.
SECTION 17 – AUDIT AND INSPECTION OF RECORDS
A. Records of Consultant’s direct labor costs, payroll costs, and reimbursable expenses pertaining to this project covered by this Agreement will be kept on a generally recognized accounting basis and made available to City if and when required for a period of up to 3 years from the date of Consultant’s final invoice.
B. Consultant shall maintain all documents and records prepared by or furnished to Consultant during the course of performing the Services for at least three (3) years following completion of the Services. Such records include, but are not limited to, correspondence, Agenda Item #9.3.
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internal memoranda, technical reports and investigations, calculations, books and accounts, accounting records documenting its work under its Agreement, and invoices, payrolls, records and all other data related to matters covered by this Agreement.
C. Consultant shall permit City to audit, examine and make copies, excerpts and transcripts from such records, and the Consultant shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any matter whatsoever for three (3) years after City makes the final or last payment or within three (3) years after any pending issues between City and Consultant with respect to this Agreement are closed, whichever is later.
SECTION 18 – LIMITATION OF LIABILITY
A. Consultant agrees that any liability of City arising in connection with this Agreement shall be limited exclusively to the City-entity identified as the “City” under this Contract. Under no circumstance shall any other City-entity be liable to Consultant under any theory, whether in contract, tort, or otherwise, and Consultant waives unconditionally any such claims. Consultant hereby waives and release other City-entites from any liability under this Agreement.
B. Notwithstanding any other provision of this Agreement, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement or the Services performed hereunder.
SECTION 19 – COOPERATION BY CITY
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the work as outlined in the Exhibit A, “Scope of Services”, shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement.
SECTION 20 – NOTICES
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, emailed, sent by facsimile, or first class mail, addressed as follows:
To City: City Manager
1572 Railroad Avenue
St. Helena, California 94574
To Consultant: 4Leaf, Inc.
Attn: Raylee Glasser, CBO
Director of Jurisdictional Services
2216 Rheem Drive
Pleasanton, CA 94588
[email protected]
Agenda Item #9.3.
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Notice shall be deemed effective on the date personally delivered or transmitted by facsimile, email, or, if mailed, three (3) days after deposit in the custody of the U.S. Postal Service.
SECTION 21 – TERMINATION
A. City may terminate this Agreement, with or without cause, at any time by giving ten (10) days written notice of termination to Consultant. If such notice is given, Consultant shall cease immediately all work in progress.
B. If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice.
C. Upon termination of this Agreement by either Consultant or City, all property belonging to City which is in Consultant’s possession shall be delivered to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in this Agreement, which shall be paid to Consultant within thirty (30) days of termination or receipt of said invoice, whichever occurs first.
SECTION 22 – ATTORNEYS’ FEES
If litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable attorneys’ fees, costs and expenses, in addition to any other relief to which it may be entitled. In addition, any legal fees, costs and expenses incurred to enforce the provisions of this Agreement shall be reimbursed to the prevailing party.
SECTION 23 – ENTIRE AGREEMENT
This Agreement, including the attached Exhibits, is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding unless in writing duly executed by the parties or their authorized representatives.
SECTION 24 – SUCCESSORS AND ASSIGNS
This Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the parties. However, this Agreement shall not be assigned by Consultant without written consent of the City.
SECTION 25 – CONTINUITY OF PERSONNEL
Agenda Item #9.3.
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Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff assigned to perform the Services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff assigned to perform the Services required under this Agreement, prior to any such performance.
SECTION 26 – DEFAULT
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default and may terminate this Agreement immediately by written notice to Consultant.
SECTION 27 – WAIVER
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or Services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 28 – LAW TO GOVERN; VENUE
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Napa. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Northern District of California, in San Francisco.
SECTION 29 – SEVERABILITY
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
SECTION 30 – THIRD PARTY BENEFICIARIES
Consultant’s subconsultants shall agree to be bound to the terms of the Agreement to the extent of their scope of Services, including but not limited to, terms regarding indemnity and dispute resolution, and shall agree that City is deemed an express third party beneficiary of their subconsultant agreements. Nothing contained in this Agreement, however, shall operate to confer such or similar rights or benefits on persons or entities not party to this Agreement.
SECTION 31 – STATUTES OF LIMITATION
As between the parties to this Agreement, any applicable statute of limitations for action arising out of, pertaining to, or relating to any act or failure to act in connection with this Agreement shall commence to run on the date of City’s issuance of the final Certificate for Agenda Item #9.3.
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Payment, or termination of this Agreement, whichever is earlier, except for latent defects and/or deficiencies, for which the applicable statute of limitation shall begin to run upon discovery of the defect and/or deficiency and its cause.
SECTION 32 – SPECIAL PROVISIONS
This Agreement is subject to the following special provisions: none.
IN WITNESS WHEREOF, the parties hereto have accepted, made, and executed this Agreement upon the terms, conditions, and provisions above stated, the day and year first above written.
Consultant: City:
By: ________________________________ By: ________________________ Name: Kevin J. Duggan Name: Mark T. Prestwich
Title: President Title: City Manager
Approved as to Form:
By: _________________________________
Name: Ethan Walsh
Title: City Attorney
Agenda Item #9.3.
EXHIBIT A
SCOPE OF SERVICES
Scope of Services: Revised: May 3, 2021 City of St. Helena and 4LEAF, Inc. Exhibit A
Consultant has 3 key tasks:
1. Water Regulation Education through Code Enforcement.
2. Certification of Water Efficiency.
3. Water Efficiency Consulting
Services
1. Water Regulation Education through Code Enforcement (As-needed) • The Consultant shall provide educational services and personnel, etc. on an on-call basis for the City of St. Helena.
• Prepare documents for distribution in relation to Water Regulation. • Develop a Water Regulations Phase matrix.
• All on-call requests for on-site personnel should be made directly to 4LEAF management. 4LEAF’s recruiting managers, will handle the placement of all 4LEAF staff. 4LEAF’s designated managers are:
Raylee Glasser, Project Manager Mike Leontiades, Project Manager 2126 Rheem Drive 2126 Rheem Drive
Pleasanton, CA 94588 Pleasanton, CA 94588
(925) 462-5959 – Office (925) 462-5959 – Office
(925) 462-5958 – Fax (925) 462-5958 – Fax
(925) 708-4209 – Cell (925) 681-8842 – Cell
[email protected] [email protected]
2. Certification of Water Efficiency and/or lot size (as-needed) • The Consultant provide Certification of Water Efficiency and/or lot size in accordance with St. Helena Municipal Code as it relates to Water Regulations.
3. Water Efficiency Consulting (As-needed)
• The Consultant shall verify the area square footage for landscaping as well as the type of landscaping (e.g. mature trees vs lawn, etc.) • The Consultant should enforce specific measures of the Municipal Code in regards to Water Efficiency including “single family residential parcels exceeding seven thousand (7,000) square feet in the area, the quantity of up to twenty (20) gallons per day for each on thousand (1,000) square feet that Agenda Item #9.3.
EXHIBIT A
SCOPE OF SERVICES
Scope of Services: Revised: May 3, 2021 City of St. Helena and 4LEAF, Inc. Exhibit A
the property area exceeds seven thousand (7,000) square feet for the purpose of maintaining mature landscape or orchard plants. For purposes of this subsection, multiple parcels maintained and fully landscaped as one property may be computed as being one parcel. An exception granted based on this subsection shall allow the use of no more than an additional two hundred fifty (250) gallons per day for this purpose.”
• Perform other Code Enforcement duties for enforcement of the Municipal Code including proper documentation as directed by the City. • Create Code Enforcement procedures and protocols for the development of a Code Enforcement Program as it relates to Water Regulations.
Agenda Item #9.3.
Task Order: Code Enforcment including Water Efficiency Consulting 05/03/21
J3894
Raylee Glasser, CBO
Code Enforcment including Water Efficency Consulting
Sean Flannagan, Senior Code Enforcement Officer
ITEM: I Date Estimated UNIT ESTIMATED
Code Enforcement Including Water Efficiency Consulting Hours PRICE TOTAL 5/3/2021 262 $95 $24,890
Preliminary Sub-Total of Services provided by 4LEAF $24,890 Preliminary Estimated Fees $24,890
Project Management Mark-up N/A $0
Total Preliminary Estimated Fees Not to Exceed $24,890
Estimate is seeking a task order to perform Code Enforcement Services including Water Efficiency Consulting. 4LEAF will use a Sr. Code Enforcement person.
Services include personnel to work on-site approximately three days per week. Services beyond the proposal will need approval from client in writing.
This is a straight time estimate. 4LEAF will bill on a time and materials basis Per the Terms and Conditions of this proposal.
Should overtime be required by client, 4LEAF will bill 1.5 X the hourly rate for Overtime work, upon request. Staff subject to change with approval from client.
All work will be performed per the terms and conditions provided in the Professional Services Agreement including exhibits A and B revised on May 3, 2021.
Staff to be approved by Cresponsible City Management. This is a Not to Exceed Task Order Proposal without permission from City Management.
DATE:
4LEAF JOB No.:
4LEAF PM:
ASSIGNMENT:
PERSONNEL:
Code Enforcement Including Water Efficiency Consulting
Exhibit B - Compensation
Agenda Item #9.3.
Agenda Item #9.3.
Agenda Item #9.3.
Second Amendment to Professional Services Agreement STH Contract: FY2021-083 Consultant: 4Leaf, Inc.
AMENDMENT #2
TO PROFESSIONAL SERVICES AGREEMENT WITH 4Leaf, Inc.; STH CONTRACT NO:
FY2021-083 FOR FOR WATER REGULATION CODE ENFORCEMENT AND OUTREACH FOR THE WATER EMERGENCY FOR AN ADDITIONAL $3,000 FOR A TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $62,890.
This Second Amendment to Professional Services Agreement STH Contract: FY2021-083 dated May 04, 2021 ("Agreement") is made as of this 8th day of February, 2022 by and between the City of St. Helena, a municipal corporation ("City"), and 4Leaf, Inc. ("Consultant").
RECITALS
A. On May 4, 2021, the City and Consultant entered into the Agreement for Consultant to provide temporary staffing for Water Regulation Code Enforcement and Outreach during the current water emergency; and
B. On September 14, 2021, City Council authorized Amendment No. 1 for an additional $35,000 for a total not-to-exceed amount of $59,890 to continue to provide support; and C. Amendment No. 1 enabled the City to retain the services of 4Leaf through early December and, upon exhaustion of funds, the City provided notification of the end of the contract; and
D. Once notified, it was necessary for 4Leaf to finalize current projects and provide a de-brief to staff, which incurred additional costs; and
C. City and Consultant desire to amend the agreement to increase the contract amount by $3,000 for a not-to-exceed amount of $62,890 for payment of the final invoice.
AGREEMENT
NOW, THEREFORE, in consideration of the promises and of the mutual covenants and agreements herein contained, for good and valuable consideration, the adequacy of which is hereby acknowledged, the parties agree to amend the Agreement as follows:
1. Section 4.A. Compensation and Method of Payment, is amended to read as follows:
“Total compensation shall not exceed $62,890…”
All other terms of the Agreement shall remain in full force and effect.
Entered as of the day and year first above stated.
Agenda Item #9.3.
Second Amendment to Professional Services Agreement STH Contract: FY2021-083 Consultant: 4Leaf, Inc.
CONSULTANT:
Signatures of Authorized Persons:
By: _____________________________
Print Name:_______________________
Title: ____________________________
CITY OF ST. HELENA
a Municipal Corporation
By:_________________________________
Print Name: Mark T. Prestwich
Title: City Manager
APPROVED AS TO FORM:
____________________________
City Attorney
ATTEST:
____________________________
City Clerk
Agenda Item #9.3.
CITY OF ST. HELENA
RESOLUTION NO. 2022-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ST. HELENA AUTHORIZING: AMENDMENT NO. 2 TO
STH CONTRACT: FY2021-083 WITH 4LEAF, INC. IN AN
AMOUNT OF $3,000 FOR A TOTAL NOT-TO-EXCEED
$62,890 FOR WATER REGULATION CODE
ENFORCEMENT AND OUTREACH.
WHEREAS, in accordance with the St. Helena Municipal Code, the City Council declared a water emergency on June 23, 2020, which moved the City into Phase I Water Regulations; and
WHEREAS, on October 13, 2020, emergency water conditions continued, and the City Council declared Phase II Water Restrictions; and WHEREAS, to assist with the increase in work load due to the Water Emergency, on May 4, 2021, the City executed STH Contract: FY2021-083 with 4Leaf for $24,890 to provide water regulation outreach, education, code enforcement, and verification of property/landscape areas; and
WHEREAS, 4Leaf has been providing services to the City three days per week; and
WHEREAS, as the water emergency continued, the City has found the work performed by 4Leaf very beneficial during the water emergency; and WHEREAS, On September 14, 2021, City Council authorize Amendment No.1 for an additional $35,000 for a total not-to-exceed amount of $59,890 to continue to provide support; and
WHEREAS, Amendment No. 1 of the agreement enabled the City to retain the services of 4Leaf through early December and upon exhaustion of funds, the City provided notification of the end of the contract; and
WHEREAS, Once notified, it was necessary for 4Leaf to finalize current project and provide a de-brief to staff, which incurred additional costs; and WHEREAS, City and Consultant desire to amend the agreement for an additional $3,000 for a not-to-exceed amount of $62,890 for payment of the final invoice.
Agenda Item #9.3.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. HELENA AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The City Council of the City of St. Helena hereby approves Amendment No. 2 to STH Contract: FY2021-083 with 4Leaf, Inc. for an additional $3,000 for a total not-to-exceed amount of $62,890.
SECTION 5. The City Council of the City of St. Helena hereby authorizes the City Manager to execute the Amendment.
Approved at a Regular Meeting of the St. Helena City Council on February 8, 2022, by the following vote:
Mayor Geoff Ellsworth: ____
Vice Mayor Paul Dohring: ____
Council Member Anna Chouteau: ____
Council Member Lester Hardy: ____
Council Member Eric Hall: ____
APPROVED: ATTEST:
______________________ ________________________
Geoff Ellsworth, Mayor Cindy Tzafopoulos, City Clerk
Agenda Item #9.3.
Report to the City Council
Regular City Council - 08 Feb 2022
Agenda Section: CONSENT ITEMS
Subject: Adoption of Resolution Making Findings and Determinations under AB 361 for the Continuation of Virtual Meetings.
CEQA
Determination:
Not a CEQA project
Prepared By: Ethan Walsh, City Attorney
Reviewed By: April Mitts, Administrative Services Director Approved By: Mark T. Prestwich, City Manager
BACKGROUND
On March 17, 2020, in the face of the COVID-19 pandemic, Governor Gavin Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow for local legislative bodies to conduct their meetings completely telephonically or by other electronic means.
The provisions in the Brown Act that were suspended by the Governor’s Executive Order are contained at Government Code Section 54953(b)(3) and require that when teleconferencing is used, outside of a statewide emergency, that the following occur:
• An agenda is required to be posted at all locations, including any teleconference locations
• Each teleconference location must be identified on the actual agenda • Each teleconference location shall be accessible to the public • A quorum of the legislative body must be in the jurisdiction With the Governor’s Executive Order, the four above requirements were suspended. This allowed City Council and all other meetings of legislative bodies of the City to be conducted by Zoom with councilmembers, commission members, committee members, and staff all joining from remote locations.
Agenda Item #9.4.
The suspension of certain Brown Act provisions was further extended by the Governor on June 11, 2021 through the issuance of Executive Order N-08-21, which continued to allow for complete virtual meetings until September 30, 2021.
With the Governor’s Executive Order expiring at the end of September 2021, the State Legislature adopted Assembly Bill 361. On September 16, 2021, the Governor signed AB 361, which allowed legislative bodies to meet virtually provided there was a state of emergency declared by the Governor, and either (1) state or local officials have imposed or recommended measures to promote social distancing; or (2) the legislative body determines by majority vote that meeting in person would present imminent risks to the health and safety of attendees, subject to certain ongoing findings by the legislative body.
AB 361 also preserves many of the provisions of the earlier executive orders, including the suspension of the four teleconferencing requirements noted above, while also adding new requirements to the management of remote and teleconference public meetings in order to better achieve the levels of transparency that the Brown Act demands.
Specifically, AB 361 imposes two new rules on remote public meetings:
1. Local governments and agencies hosting teleconference meetings in lieu of traditional in-person public meetings must permit direct public comment during the teleconference, and must leave open the opportunity for public comment until the comment period for a given item is closed during the ordinary course of the meeting. The opportunity to make public comment must be of a sufficient duration so as to allow actual public participation. The City already complies with this requirement, so it presents no change to our current practice.
2. Any action by the governing body during a public teleconference meeting must occur while the agency is actively and successfully broadcasting to members of the public through a call-in option or an internet-based service option. If a technical disruption within the agency’s control prevents members of the public from either viewing the meeting of the public agency, or prevents members of the public from offering public comment, the agency must cease all action on the meeting agenda until the disruption ends and the broadcast is restored. Action taken during an agency-caused disruption may be challenged as a violation of the Brown Act.
The City Council held its first virtual meeting based on the conditions set forth in AB 361 on October 12, 2021. In order to continue to qualify for AB 361’s waiver of in-person meeting requirements, the City Council must, within every 30 days of its first meeting under AB 361, make findings that (a) state or local officials recommend measures to promote social distancing, or that (b) an in-person meeting would constitute an imminent risk to the safety of attendees. State officials at Cal-OSHA have, through the adoption of certain regulations, recommended measures to promote social distancing throughout the State. Additionally, Napa County Public Health Officer Dr. Karen Relucio has, through a memo dated September 27, 2021, recommended the continuance of virtual meetings at the present time as a means of promoting social distancing in order to minimize the spread and transmission of COVID-19 in Napa County.
Agenda Item #9.4.
It is important to note that AB 361 does not require the City to continue with virtual meetings, but simply gives the Council that option. If at any time the City Council desires to return to in-person meetings, the Council can agendize that topic for discussion and direct staff to initiate the transition back to in-person or hybrid meetings; however, at this time City staff is recommending adoption of the resolution to allow City Council and all other Commission, Committee, and other Brown Act meetings to continue to be held remotely in order to ensure social distancing consistent with the recommendations of State and local officials.
At the September 28, 2021 regular City Council meeting, the City Council had a discussion item and considered whether to meet in person or continue virtual meetings.
It was the consensus of the City Council to continue with the Zoom meeting platform until staff is relocated to Napa Valley College.
DISCUSSION
The City Council held its first virtual meeting based on the conditions set forth in AB 361 on October 12, 2021. The City Council reconsidered and adopted findings by resolution to continue meeting virtually on November 23, 2021, December 14, 2021 and January 11, 2022. This is being reconsidered on February 8, 2022.
The enclosed resolution makes the necessary findings for the City Council and all subordinate legislative bodies of the City that are subject to the Brown Act to continue with virtual meetings for the time being. City staff will return to the City Council with a resolution every 30 days to allow for the continuance of virtual meetings for so long as Council and staff believes that virtual meetings are necessary.
FISCAL IMPACT
There is no fiscal impact.
RECOMMENDED ACTION
Approve the Attached Resolution Making Findings and Determinations Under AB 361.
ATTACHMENTS
Resolution AB361
Agenda Item #9.4.
CITY OF ST. HELENA
RESOLUTION NO. 2022-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ST. HELENA MAKING FINDINGS AND
DETERMINATIONS UNDER AB 361 FOR THE
CONTINUATION OF VIRTUAL MEETINGS
WHEREAS, the Ralph M. Brown Act (Gov. Code § 54950 et seq.) generally requires local agencies meeting via teleconference, including through other virtual or electronic means to, among other things, provide public access at each location in which members of the legislative body are teleconferencing; and WHEREAS, the Legislature recently enacted Assembly Bill 361 (AB 361), which amended Government Code section 54953 to allow local agencies to meet fully virtually, without fully adhering to the rules otherwise applicable to teleconferencing, during a proclaimed state of emergency if state or local officials have imposed or recommended measures to promote social distancing; and
WHEREAS, the Governor issued a proclamation declaring a state of emergency on March 4, 2020 due to the COVID-19 pandemic, pursuant to section 8625 of the California Emergency Services Act, and this proclaimed state of emergency currently remains in effect; and
WHEREAS, state or local officials continue to recommend measures to promote social distancing to prevent the spread of COVID-19, and in particular, Cal-OSHA regulation 3205 recommends physical distancing in the workplace generally and regulates a “close contact,” defined as being within 6 feet of another under certain circumstances, and Napa County Health Officer Dr. Karen Relucio has recommended that local public agencies refrain from holding in person public meetings, as a means of promoting social distancing; and
WHEREAS, the continuation of virtual meetings will allow for full participation by members of the public and compliance with the recommendations of state and local officials with regard to social distancing; and
WHEREAS, the City Council of the City of St. Helena desires that all City legislative bodies continue to hold virtual meetings pursuant to AB 361 and Government Code section 54953(e).
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. HELENA AS FOLLOWS:
Agenda Item #9.4.
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The City Council has reconsidered the circumstances of the state of emergency.
SECTION 3. As stated in the recitals, state or local officials continue to recommend measures to promote social distancing.
SECTION 4. The City Council and all other legislative bodies of the City of St.
Helena who are required to hold public meetings shall continue to meet virtually in accordance with Government Code section 54953(e) and without compliance with section 54953(b)(3), based upon the findings and determinations hereby made by the City Council.
Approved at a Regular Meeting of the St. Helena City Council on February 8, 2022, by the following vote:
Mayor Geoff Ellsworth:
Vice Mayor Paul Dohring:
Council Member Anna Chouteau:
Council Member Lester Hardy:
Council Member Eric Hall:
APPROVED: ATTEST:
______________________ ________________________
Geoff Ellsworth, Mayor Cindy Tzafopoulos, City Clerk
Agenda Item #9.4.
Report to the City Council
Regular City Council - 08 Feb 2022
Agenda Section: CONSENT ITEMS
Subject: Consideration and proposed approval of a resolution approving Amendment No. 1 STH Contract: FY2021-066 with Accent on Language in an amount of $10,000 for a total notto-exceed amount of $41,000 for interpretation services.
CEQA
Determination:
Not a CEQA project
Prepared By: Cindy Tzafopoulos, City Clerk
Reviewed By: April Mitts, Administrative Services Director Approved By: Mark T. Prestwich, City Manager
BACKGROUND
Beginning at the October 22, 2020 Special City Council Meeting on Racial and Social Justice, City Council and Planning Commission meetings have offered live simultaneous interpretation services in Spanish over the Zoom platform. The City currently receives these services from Accent on Languages, a firm specialized in language interpretation and translation services. Staff learned about this firm from the St. Helena Unified School District.
DISCUSSION
Accent on Languages provides specialized linguistic services to State and Federal US Government agencies since 1997. The interpreters are certified in interpretation for the services they provide (i.e. HIPPA Compliant, or certified for interpretation in court depositions).
During City Council and Planning Commission meetings, attendees can listen to the meetings in Spanish simultaneously (this is the interpretation of words while they are spoken). In addition, attendees can also make public comment in Spanish, which can be translated consecutively from English to Spanish (the interpreter will interpret after and not while the speaker speaks).
Agenda Item #9.5.
At the recommendation of the St. Helena School District, the City retained the services of Accent on Languages to provide translations services and is currently being invoiced utilizing an hourly rate per session. The City has established an excellent working relationship with Accent on Languages, and the two assigned interpreters who attend the City's assigned meetings. Staff is pleased with their services and recommends an amendment to the current agreement for continued services, but on a reservation basis going forward. Accent on Languages also offers in person interpretation services if necessary.
The City Council has identified language access as a part of its commitment to diversity, equity, and inclusion, which is consistent with one of the City Council directed three-year goals.
Currently, Zoom does not offer any metrics on how many individuals are utilizing the interpretation service, and staff has reached out to the Zoom account representative to request this metric be developed and tracked. To date the interpreters have not interacted virtually with any attendee desiring to provide public comment, but this does not indicate no attendees were present.
Staff recommends Council approve this resolution for the amendment and migrate interpretation services to a reservation system for simultaneous interpretation in Spanish at Regular and Special City Council and Regular Planning Commission meetings when it is requested. Staff recommends community members make a request for a reservation with the City Clerk at least 72 hours prior to a meeting.
FISCAL IMPACT
Amendment No. 1 is in an amount of $10,000 for a total not-to-exceed contract amount of $41,000. Funds for services are included in the adopted FY 2021-22 budget.
RECOMMENDED ACTION
Adopt the attached resolution.
ATTACHMENTS
Attachment 1- STH Contract: FY2021-066 Accent on Languages Attachment 2 - Amendment No. 1 STH Contract FY2021-066-001A PSA Accent on Languages
Attachment 3 - Amendment No. 1 AOL Resolution
Agenda Item #9.5.
ACCENT ON LANGUAGES MARCH 9, 2021
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on March 9, 2021 by and between the City of St. Helena, located in the County of Napa, State of California (City), and Accent on Languages (Consultant).
RECITALS:
A. City desires to employ Consultant to furnish professional services in connection with the project described as interpretation services for the City of St. Helena.
B. Consultant has represented that Consultant has the necessary expertise, experience, and qualifications to perform the required duties.
NOW, THEREFORE, in consideration of the mutual premises, covenants, and conditions herein contained, the parties agree as follows:
SECTION 1 BASIC SERVICES
Consultant agrees to perform the services set forth in Scope of Services and made part of this Agreement.
SECTION 2 ADDITIONAL SERVICES
Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement that are in addition to or outside of those set forth in this Agreement or Scope of Services (the Services ), unless such additional Services and compensation are authorized in advance and in writing by the City Council or City Manager of the City.
SECTION 3 TIME FOR COMPLETION
The time for completion of Services shall be as identified in Scope of Services . The parties expressly agree that time is of the essence in the performance of this Agreement.
SECTION 4 COMPENSATION AND METHOD OF PAYMENT
A. Subject to any limitations set forth in this Agreement, City agrees to pay consultant the amount specified in Exhibit A Compensation attached hereto and made a part hereof. Total compensation shall not exceed $31,000 unless additional compensation is approved in accordance with Section 2.
B. Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories if applicable: labor (by sub-category), travel, materials, equipment, supplies, subconsultant contracts, and miscellaneous expenses. Each original invoice furnished shall include the expenses incurred during the preceding month, the cumulative Agreement amount, Agenda Item #9.5.
ACCENT ON LANGUAGES MARCH 9, 2021
and the amount remaining on the Agreement. City shall independently review each invoice submitted to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. If no charges or expenses are disputed, the invoice shall be approved, and City will use its best efforts to cause Consultant to be paid within 30 days of receipt of invoice. If the City disputes any charges or expenses, the City will return the original invoice to Consultant for correction and resubmission. If the City reasonably determines, in its sole judgment, that the invoiced charges and expenses exceed the value of the Services performed to date and that it is probable that the Agreement will not be completed satisfactorily within the contract price, City may retain all or a portion of the invoiced charges and expenses.
Within thirty (30) days of satisfactory completion of the project, City shall pay the retained amount, if any, to Consultant.
C. Payment to the Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
SECTION 5 STANDARD OF PERFORMANCE
A. Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services described herein. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons in the same or similar geographical area engaged in providing Services similar to those required of Consultant under this Agreement.
B. In order to induce City to enter into this Agreement, Consultant represents that it is duly organized, existing and in good standing under applicable state law; Consultant is licensed to perform all aspects of the Services; Consultant will employ only persons and Subconsultants with all required licenses and certifications; that Consultant is duly qualified to conduct business in the State; that Consultant has duly authorized the execution, delivery and performance of this Agreement and the Services to be performed herein; and that the Agreement does not violate or create a default under any instrument, agreement, order or decree binding on Consultant.
SECTION 6 INSPECTION AND FINAL ACCEPTANCE
Agreement,
either during performance or when completed. City shall work within sixty (60) days after submitted to City, unless the parties mutually agree to extend such deadline. City shall reject work by a timely written explanation, otherwise Co work shall be deemed to hav
City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, the sections pertaining to indemnification and insurance.
Agenda Item #9.5.
ACCENT ON LANGUAGES MARCH 9, 2021
SECTION 7 INSURANCE REQUIRED
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees, as indicated:
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
3. nsation insurance as required by the State of California and s Liability Insurance.
B. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations, as applicable. If Commercial General Liability Insurance or other form with a General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. $1,000,000 per accident for bodily injury or disease.
C. Professional Liability Insurance. When Consultant under this Agreement is duly licensed under California Business and Professions Code as an architect, landscape architect, environmental engineer or other professional engineer, or land surveyor Consultant shall maintain at least $2,000,000 of professional liability insurance. When Consultant is not a design professional, Consultant shall maintain at least $1,000,000 of professional liability insurance combined single limit for each occurrence, insuring against professional errors and omissions in the Services performed by Consultant under this Agreement, including, without limitation, claims for negligence, misrepresentation, violation of good faith and fair dealing, and inaccurate advise arising out of, resulting from, or in connection with Services performed by Consultant under this Agreement.
D. Excess Limits. If Consultant maintains higher limits than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
E. Primary Coverage. For any claims related to this contract the Consultants insurance coverage shall be primary insurance as respects to City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of Consultants insurance and shall not contribute with it.
Agenda Item #9.5.
ACCENT ON LANGUAGES MARCH 9, 2021
F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions of $25,000 or greater must be declared to and approved by the City.
G. Other Insurance Provisions. The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its agent, officers, officials, employees, and volunteers are to be covered as additional insured as respects: liability arising out of work or operations performed by the Consultant o
owned, leased, hired or borrowed by the Consultant.
2. work of this
project, the Con imary insurance as
respects the City, its agents, officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its agents, officers, officials, employees or volunteers shall and shall
not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.
4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subsection (b) of Section 2782 of the Civil Code.
H. Waiver of Subrogation.
with a
waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its agents, officers, officials, employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City.
I. The Acceptability of Insurers. Insurance is to be placed with insurers with a current J. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on forms that conform to City requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.
SECTION 8 INDEMNIFICATION
A. To the fullest extent allowed by law (including without limitation California Civil Code Sections 2782 and 2782.8), as may be applicable, Consultant shall indemnify, defend, and hold harmless City, its agents, officers, officials, employees, representatives, and volunteers from any and all claims, demands, suits, loss, damages, injury, and/or liability (including any and all costs and expenses in connection therewith, including legal fees and expert witness costs) Agenda Item #9.5.
ACCENT ON LANGUAGES MARCH 9, 2021
(collectively, il , incurred by reason of any negligent or otherwise wrongful act or omission of Consultant, its officers, agents, employees, subconsultants, and subcontractors, or any of them, under or in connection with this Agreement; and Consultant agrees at its own cost, expense and risk to defend any and all claims, actions, suits, or other legal proceedings brought or instituted against City, its agents, officers, officials, employees and volunteers, or any of them, arising out of, pertaining to, or relating to such negligent or otherwise wrongful act or omission, and to pay and satisfy any resulting judgments.
B. When Consultant under this Agreement is duly licensed under California Business and Professions Code as an architect, landscape architect, professional engineer, or land surveyor (i.e., a , pursuant to Civil Code § 2782.8(c)), the provisions of this section rise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant.
C. If any action or proceeding is brought against Indemnitees by reason of any of the matters against which Consultant has agreed to indemnify Indemnitees as provided above, Consultant, upon notice from Ci
acceptable to City, such acceptance not to be unreasonably withheld. Indemnitees need not have first paid for any of the matters to which Indemnitees are entitled to Indemnification in order to be so indemnified. The insurance required to be maintained by Consultant shall ensure liability of Consultant hereunder. The provisions of this section shall survive the expiration or earlier termination of this Agreement.
D. The provisions of this section do not apply to claims to the extent occurring as a result , active negligence, or willful acts or misconduct.
E. Duty to Cooperate. Each party shall notify the other party immediately in writing of any claim or damage related to activities or Services performed under this Agreement. The parties shall cooperate with each other in the investigation and disposition of all Liabilities arising out of the activities or Services under this Agreement.
F. In the event that Consultant executes any subconsulting agreements in connection with the Services performed under this Agreement, Consultant shall place in all such subconsulting agreements, and cause its subconsultants to agree to, the indemnity and insurance obligations in favor of City and other Indemnitees, as provided herein, in the exact form and substance of those contained in this Agreement.
SECTION 9 INDEPENDENT CONTRACTOR STATUS
A. Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant shall have no authority to bind City in any manner or to incur an obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.
B. The personnel performing the Services under this Agreement on behalf of Consultant s
Agenda Item #9.5.
ACCENT ON LANGUAGES MARCH 9, 2021
elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Con officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that officers, employees or agents of City.
C.
obtain any rights to retirement, health care or any other benefits which may otherwise accrue to any claim Consultant may have to any such
rights.
SECTION 10 CONFLICTS OF INTEREST AND ANTI-FRAUD AND ANTICORRUPTION POLICIES A. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the mance of Services under
this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts with the interests of City in the performance of this Agreement.
B. City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related Services for other governmental agencies and private parties. Consultant is aware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section.
C. Consultant understands and acknowledges City maintains an anti-fraud and anticorruption policy to protect the City, its operations, and its employees from and against financial risks, operational breaches, and unethical, fraudulent and corrupt activities. Consultant represents and warrants that Consultant, its subcontractor(s) / subconsultant(s) and their respective employees providing Services pursuant to the Agreement are (1) in good standing; (2) have not been previously investigated, convicted, or debarred for fraudulent or corrupt activities; (3) will not participate in fraudulent or corrupt activities, and (4) will take steps to ensure that its employees and subcontractor(s) / subconsultant(s) employees do not participate in any fraudulent or corrupt activities. Consultant acknowledges and agrees further that it has a duty to and will report to City any information or incident(s) about possible fraudulent or corrupt activities Consultant may discover, and will cooperate in any fraud or corruption investigation conducted, Agreement.
SECTION 11 OWNERSHIP OF DOCUMENTS
A. All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the course of providing any Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. When requested by City, but no later than three years after project Agenda Item #9.5.
ACCENT ON LANGUAGES MARCH 9, 2021
completion, Consultant shall deliver to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.
B. All copyrights, patents, trade secrets, or other intellectual property rights associated with any ideas, concepts, techniques, inventions, processes, improvements, developments, works of authorship, or other products developed or created by Consultant during the course of providing Services belong exclusively to City. The Work 7 of the United
States Code. Without reservation, limitation, or condition, Consultant hereby assigns, at the time of creation of the Work Products, without any requirement of further consideration, exclusively and perpetually, any and all right, title, and interest Consultant may have in the Work Product throughout the world, including without limitation any copyrights, patents, trade secrets, or other intellectual property rights, all rights of reproduction, all rights to create derivative works, and the right to secure registrations, renewals, reissues, and extensions thereof.
SECTION 12 CONFIDENTIAL INFORMATION; RELEASE OF
INFORMATION A. All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
B. Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement.
Resp
gives City notice of such court order or subpoena.
C. If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys onduct.
D. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite such response.
Agenda Item #9.5.
ACCENT ON LANGUAGES MARCH 9, 2021
SECTION 13 SUSPENSION OF WORK
City may, at any time, by ten (10) days written notice suspend further performance by Consultant. All suspensions shall extend the time schedule for performance in a mutually satisfactory manner and Consultant shall be paid for Services performed and reimbursable expenses incurred prior to the suspension date.
SECTION 14 COMPLIANCE WITH LAW
Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Consultant shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.
SECTION 15 COMPLIANCE WITH CIVIL RIGHTS
During the performance of this contract, Consultant agrees as follows:
A. Equal Employment Opportunity. In connection with the execution of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, ancestry, age, sexual orientation, gender, gender identity and gender expression as protected categories specifically and expressively in that category, physical handicap, medical condition, marital status, sex, or national origin. Such actions shall include, but not be limited to, the following: employment, promotion, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training including apprenticeship.
B. Nondiscrimination Civil Rights Act of l964. Consultant will comply with all federal regulations relative to nondiscrimination to federally-assisted programs.
C. Solicitations for Subcontractors including Procurement of Materials and Equipment.
In all solicitations, either by competitive bidding or negotiations, made by Consultant for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor, supplier, or lessor shall be notified by Consultant of Consul obligations under this Agreement and the regulations relative to nondiscrimination.
SECTION 16 COMPLIANCE WITH CALIFORNIA LABOR CODE
REQUIREMENTS
A. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of If the services are being performed as part of an ap
ling 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 Agenda Item #9.5.
ACCENT ON LANGUAGES MARCH 9, 2021
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.
roject, 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 esponsibility 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 rmance of services, includin
responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.
SECTION 17 AUDIT AND INSPECTION OF RECORDS
A. Records of
pertaining to this project covered by this Agreement will be kept on a generally recognized accounting basis and made available to City if and when required for a period of up to 3 years B. Consultant shall maintain all documents and records prepared by or furnished to Consultant during the course of performing the Services for at least three (3) years following completion of the Services. Such records include, but are not limited to, correspondence, internal memoranda, technical reports and investigations, calculations, books and accounts, accounting records documenting its work under its Agreement, and invoices, payrolls, records and all other data related to matters covered by this Agreement.
C. Consultant shall permit City to audit, examine and make copies, excerpts and transcripts from such records, and the Consultant shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any matter whatsoever for three (3) years Agenda Item #9.5.
ACCENT ON LANGUAGES MARCH 9, 2021
after City makes the final or last payment or within three (3) years after any pending issues between City and Consultant with respect to this Agreement are closed, whichever is later.
SECTION 18 LIMITATION OF LIABILITY
A. Consultant agrees that any liability of City arising in connection with this Agreement shall be limited exclusively to the City-entity identified as the City under this Contract. Under no circumstance shall any other City-entity be liable to Consultant under any theory, whether in contract, tort, or otherwise, and Consultant waives unconditionally any such claims. Consultant hereby waives and release other City-entites from any liability under this Agreement.
B. Notwithstanding any other provision of this Agreement, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement or the Services performed hereunder.
SECTION 19 COOPERATION BY CITY
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the work as outlined in the Exhibit A, Services onsultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement.
SECTION 20 NOTICES
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by facsimile or first class mail, addressed as follows:
To City: City Manager
1572 Railroad Avenue
St. Helena, California 94574
To Consultant: Accent on Languages
2418 5th Street Suite B
Berkeley, CA 94710
Ph (510) 644-9470
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile, or, if mailed, three (3) days after deposit in the custody of the U.S. Postal Service.
SECTION 21 TERMINATION
Agenda Item #9.5.
ACCENT ON LANGUAGES MARCH 9, 2021
A. City may terminate this Agreement, with or without cause, at any time by giving ten (10) days written notice of termination to Consultant. If such notice is given, Consultant shall cease immediately all work in progress.
B. If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice.
C. Upon termination of this Agreement by either Consultant or City, all property belonging to City whic ssession shall be delivered to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in this Agreement.
SECTION 22 ATTORNEY FEES
If litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to an tion to any other relief to which it
may be entitled. In addition, any legal fees, costs and expenses incurred to enforce the provisions of this Agreement shall be reimbursed to the prevailing party.
SECTION 23 ENTIRE AGREEMENT
This Agreement, including the attached Exhibits, is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding unless in writing duly executed by the parties or their authorized representatives.
SECTION 24 SUCCESSORS AND ASSIGNS
This Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the parties. However, this Agreement shall not be assigned by Consultant without written consent of the City.
SECTION 25 CONTINUITY OF PERSONNEL
Consultant shall make every reasonable effort to maintain the stability and continuity of erform the Services required under this Agreement. Consultant shall notify City of any chan ff assigned to perform the Services required under this Agreement, prior to any such performance.
SECTION 26 DEFAULT
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed Agenda Item #9.5.
ACCENT ON LANGUAGES MARCH 9, 2021
after the date of default and may terminate this Agreement immediately by written notice to Consultant.
SECTION 27 WAIVER
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or Services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 28 LAW TO GOVERN; VENUE
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Napa. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Northern District of California, in San Francisco.
SECTION 29 SEVERABILITY
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
SECTION 30 THIRD PARTY BENEFICIARIES
C subconsultants shall agree to be bound to the terms of the Agreement to the extent of their scope of Services, including but not limited to, terms regarding indemnity and dispute resolution, and shall agree that City is deemed an express third party beneficiary of their subconsultant agreements. Nothing contained in this Agreement, however, shall operate to confer such or similar rights or benefits on persons or entities not party to this Agreement.
SECTION 31 STATUTES OF LIMITATION
As between the parties to this Agreement, any applicable statute of limitations for action arising out of, pertaining to, or relating to any act or failure to act in connection with this Agreement shall commence to run on the date of City e final Certificate for Payment, or termination of this Agreement, whichever is earlier, except for latent defects and/or deficiencies, for which the applicable statute of limitation shall begin to run upon discovery of the defect and/or deficiency and its cause.
SECTION 32 SPECIAL PROVISIONS
Agenda Item #9.5.
ACCENT ON LANGUAGES MARCH 9, 2021
This Agreement is subject to the following special provisions: none.
IN WITNESS WHEREOF, the parties hereto have accepted, made, and executed this Agreement upon the terms, conditions, and provisions above stated, the day and year first above written.
Consultant: City:
By: ________________________________ By: ________________________ Name: ______________________________ Name: Mark T. Prestwich Title:________________________________ Title: City Manager Approved as to Form:
By: _________________________________
Name: Ethan Walsh
Title: City Attorney
Eduardo P. Martinez, Director
3/2/2021
Agenda Item #9.5.
Agenda Item #9.5.
AMENDMENT #1 ACCENT ON LANGUAGES February 8, 2022
AMENDMENT #1
THIS PROFESSIONAL SERVICES AGREEMENT WITH Accent on Language; STH CONTRACT No: FY2021-066, FOR INTERPRETATION SERVICES FOR AN ADDITIONAL $10,000 FOR A TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $41,000.
This first amendment to Professional Services Agreement STH Contract: FY2021-066 dated March 9, 2021 (“Agreement”) is made as of this 8th day of February, 2022 by and between the City of St. Helena, a municipal corporation (“City”), and Accent on Language (“Consultant”).
RECITALS:
A. On March 9, 2021 the City employed Consultant to furnish professional services in connection with the project described as interpretation services for the City of St. Helena.
B. Consultant has represented that Consultant has the necessary expertise, experience, and qualifications to perform the required duties.
C. City and Consultant desire to amend the agreement to increase the contract by $10,000 for a not-to-exceed amount of $41,000 for the payment of the final invoice.
AGREEMENT
NOW, THEREFORE, in consideration of the promises and of the mutual covenants and agreements herein contained, for good and valuable consideration, the adequacy of which is hereby acknowledged, the parties agree to amend the Agreement as follows:
1. Section 4.A. Compensation and Method of Payment, is amended to read as follows:
“Total compensation shall not exceed $41,000…”
All other terms of the Agreement shall remain in full force and effect.
Entered as of the day and year first above stated.
Agenda Item #9.5.
AMENDMENT #1 ACCENT ON LANGUAGES February 8, 2022
Consultant: City:
By: ________________________________ By: ________________________ Name: Mark T. Prestwich
Name: ______________________________ Title: City Manager Title:________________________________
Approved as to Form:
By: _________________________________
Name: Ethan Walsh
Title: City Attorney
ATTEST:
By: _________________________________
Name: Cindy Tzafopoulos
Title: City Clerk
Agenda Item #9.5.
CITY OF ST. HELENA
RESOLUTION NO. 2022 -
Resolution of the City Council of the City of St. Helena authorizing the City Manager to execute Amendment No.
1 in an amount of $10,000 to STH Contract: FY2021-066 a Professional Services Agreement with Accent on
Languages for Interpretation Services for an amount notto-exceed $41,000.
RECITALS
A. The City Council has identified language access as a part of the commitment to diversity, equity and inclusion, which is listed on the three-year goals, and; B. Accent on Languages provides specialized linguistic services to State and Federal US Government agencies since 1997, and;
C. During City Council and Planning Commission meetings, attendees can listen to meetings in Spanish simultaneously and attendees can make public comment in Spanish, which can be translated consecutively from English to Spanish; and D. The City and Consultant desire to amend the agreement for an additional $10,000 for a not-to-exceed amount of $41,000 for payment of the final invoice; and E. Interpretation services will transition to reservation only for meetings after February 8, 2022. Reservations must be made with the City Clerk at least 72 hours in advance.
RESOLUTION
The City Council of the City of St. Helena hereby resolves as follows:
1. The above recitals are true and correct and are incorporated herein by this reference.
2. Adoption of this resolution is not subject to CEQA; and
3. Authorizes the City Manager to execute Amendment No. 1 STH Contract: FY2021- 066 a Professional Services Agreement with Accent on Languages for Interpretation Services for an additional $10,000 for an amount not-to-exceed $41,000.
Approved at a Regular Meeting of the St. Helena City Council on February 8, 2022, by the following vote:
Mayor Ellsworth: __________
Agenda Item #9.5.
Vice Mayor Dohring: __________
Councilmember Chouteau __________
Councilmember Hall: __________
Councilmember Hardy: __________
APPROVED: ATTEST:
________________________ ________________________
Geoff Ellsworth, Mayor Cindy Tzafopoulos, City Clerk
Agenda Item #9.5.
Report to the City Council
Regular City Council - 08 Feb 2022
Agenda Section: CONSENT ITEMS
Subject: Consideration and proposed approval of a resolution: (1) approving Revision No. 3 to City Council Policy P-FI-0016 Financial Policy related to: (a) compliance with GASB
Statement No. 98 updating the name, "Comprehensive Annual Financial Report" to "Annual Comprehensive Financial
Report" , (b) update language related to financing Capital Improvement Projects and (2) repealing an rescinding any previous policies or administrative memoranda which are inconsistent with City Council Policy P-FI-0016 Financial Policy, Revision No. 3.
CEQA
Determination:
Exempt
Prepared By: April Mitts, Administrative Services Director Reviewed By: April Mitts, Administrative Services Director Approved By: Mark T. Prestwich, City Manager
BACKGROUND
On November 27, 2018 City Council adopted Financial Policy P-FI-0016 which provides a structured, central repository for a variety of fiscal policies which include: General Financial Principals, Annual Operating Budget Policy, Capital Improvement Program, Revenues, Expenditures, Cash Management, Debt Management, Fund Definitions and Classifications, fund Balance Levels, Financial Reporting, and Review and Update requirements.
On February 12, 2019, City Council approved Revision No. 1 to the Policy and on September 10, 2019, City Council approved Revision No. 2.
Updates to this policy requires City Council approval.
Agenda Item #9.6.
DISCUSSION
Staff is recommending City Council approval of two updates to the current Financial Policy P-FI-016.
Compliance with GASB Statement No. 98
On October 19, 2021, the Governmental Accounting Standards Board (GASB) issued a pronouncement that changes the name of the most extensive report prepared following it standards to the Annual Comprehensive Financial Report, or ACFR. Until that time, the name applied to those reports was the Comprehensive Annual Financial Report. This name change was promoted by GASB stakeholders raising concerns that the acronym of the prior name of the report sounds like a profoundly offensive term when spoken. The changes in the name and acronym were widely supported by individuals and stakeholder groups that responded to the April 2021 Exposure Draft proposing the changes.
Statement No. 98, The Annual Comprehensive Financial Report, establishes the annual comprehensive financial report and ACFR in generally accepted accounting principles (GAAP) for state and local governments and eliminates the prior name and acronym.
Otherwise, no changes were made to the report's structure or content.
Statement No. 98 is available on the GASB website, www.gasb.org.
Financing Capital Improvement Projects
On May 11, 2021, the City Council adopted its Three Year Goals and 2021-22 Workplan, this Work plan includes: Goal 4.B. - Prepare financing and revenue options for City Council review and consideration to address City Infrastructure deficiencies. Following this directive, the City engaged in opinion research on various revenue options.
On January 11, 2022, results of the opinion research were presented to the City Council and, based on Council direction, a workshop was held on January 24, 2022 to further discuss funding options for needed water, sewer, and storm drain infrastructure projection and for consideration of a potential General Obligation Bond (GO Bond) for the June 2022 ballot. Based on Council direction at the January 24, 2022 workshop, a secondary workshop was held on January 31, 2022 which further refined options for possible placement of a GO Bond on the June 7, 2022 ballot.
Part of the discussion included a review of the City's current Financial Policy - P-FI-0016 as it pertains to issuance of debt and Capital Improvement Programs. The current policy Section III. Policy C. Capital Improvement Program subsection 4 states, "Capital improvements that specifically benefit a fee-for-service enterprise operation (such as Water/Wastewater) are to be financed through the service fees generated within that operation and fund. Such fees should be supported by periodic updates to the related utility master plan."
Additionally, Section III. Policy G. Debt Management subsection 4.(iii) states, "total debt does not constitute an unreasonable burden to the City or its taxpayers and ratepayers." Agenda Item #9.6.
In the current form, the Policy does not allow for other funding mechanisms in the enterprise funds to support critical infrastructure projects which are in need of short-term repair, repair in emergency circumstances, or under government regulations in which the current rate structure may not support the cost of the project or, if included in the current rate structure, may present an unreasonable burden to the City or its taxpayers and ratepayers.
Based on Council direction, Section III. Policy C. Capital Improvement Program subsection 4 is recommended to be updated as follows:
"4. Capital improvements that specifically benefit a fee-for-service enterprise operation (such as Water/Wastewater) are to be financed through the service fees generated within that operation and fund, except in the event the voters of the City approve taxes or assessments for the purpose of financing such capital improvements, in which case revenues from the voter approved taxes or assessments may also be used to finance those capital improvements. Fees charged for enterprise operations should be supported by periodic updates to the rate study prepared for those fees in accordance the California Constitution and all applicable laws.
a. Notwithstanding the above paragraph, the City recognizes there may be emergency situations where enterprise operation capital improvements may need additional funding outside of the service fee structure and outside voter authorized initiatives such as a general obligation bond. For the completion of critical enterprise capital projects, City Council may authorize use of General Fund reserves in the following situations:
• Life and safety emergencies
• Project completion is required (via mandate, cease and desist order, etc) and the current rate structure does not support the full cost to complete project."
Staff recommends City Council approve Revision No. 3 to City Council Policy P-FI-0016 Financial Policy implementing the changes discussed above. The recommended updates are included in Attachment 1 utilizing track changes and a clean version is included as Attachment 2.
FISCAL IMPACT
None
RECOMMENDED ACTION
Adopt the attached Resolution
ATTACHMENTS
Attachment 1 - P-FI-0016 Financial Policy Revision #3 redlined Attachment 2 - P-FI-0016 Financial Policy Revision #3 clean Attachment 3 - Resolution Amendment No. 3 to P-FI-0016 Financial Policy Agenda Item #9.6.
Policy
Financial Policy
City of St. Helena
Administrative Policy
Finance
P-FI-0016
Policy # P-FI-0016
Revision # Revision #23
Implementation Date 2019-09-10
Title:
Financial Policy
Last Update Date 2019-09-10
Approval by City Council September 10, 2019 Date Approved 2018-11-27 I. Purpose, Overview and Scope of this Policy
This document establishes policies of overall financial management, budget development, and fiscal administration for the City of St. Helena. Included herein are statements and principles designed to guide the City in maintaining its financial stability and delivering high-quality services to the public.
Formally adopted financial policies assist elected officials and City staff in the development of fiscal management practices, save time, and provide structure for financial decisions, promote public confidence, enhance transparency, and provide continuity over time. These policies will be updated periodically, but are designed with a long-term perspective and provide the basic framework and road map for addressing a wide variety of financial and economic conditions that the City will encounter. A fiscal policy supports long-term planning and enhances the City’s effectiveness in implementing long-term strategies to deliver efficient public services.
This document provides a structured, central repository for a variety of fiscal policies which are organized into the following categories:
A. General Financial Principles
B. Annual Operating Budget Policy
C. Capital Improvement Program
D. Revenues
E. Expenditures
F. Cash Management
G. Debt Management
H. Fund Definitions
I. Fund Balance Classifications
J. Fund Balance Levels
K. Financial Reporting
L. Review and Update
II. Authority
Updates to this policy require City Council approval.
Agenda Item #9.6.
Policy
Financial Policy
City of St. Helena
Administrative Policy
Finance
P-FI-0016
III. Policy
A. General Financial Principals
It is the overall policy of the City of St. Helena to build upon a sound conceptual framework to:
1. Manage its financial resources in a responsible and prudent manner.
2. Provide financial information in a relevant, thorough and timely manner, and in a format that effectively communicates financial status to the Council, citizens, and City employees.
3. Establish and maintain prudent fund balance levels.
4. Maintain financial reporting in compliance with current governmental accounting standards.
5. Promote and implement a relevant and strong system of internal financial controls to manage significant risks and monitor the reliability and integrity of financial and operating reporting.
6. Promote constructive and proactive financial decision making that includes, and is responsive to, citizens input and guidance.
7. Integrate long-term operating and capital resources planning into the annual budget process.
8. Allow for uncertainties and maintain a posture of financial flexibility.
9. Develop programs in a manner that support the City’s long-term ability to cover costs and provide the level and quality of service expected by its citizens.
10. Manage debt responsibly.
11. Establish and implement investment policies in accordance with City code and State law.
B. Annual Operating Budget Policy
1. Adoption of Annual Operating Budget
a. Per Municipal Code 2.12.060.B.9, the City Manager supervises the preparation of a detailed, proposed municipal budget and submit the same to the Council on or before May 15th of each year, and to offer their recommendations as to such increases, decreases, cancellations, transfers, or changes in any of the items included in the proposed budget as in their judgment should be made before the adoption of the budget.
b. An annual operating budget will be adopted by the City Council no later than June 30th of each fiscal year. The budget will include appropriations that provide expenditure authority to public officials responsible for operating their respective departments to fulfill obligations to provide public services as delegated by the City Council.
Agenda Item #9.6.
Policy
Financial Policy
City of St. Helena
Administrative Policy
Finance
P-FI-0016
c. Funds may not be expended for a new fiscal year until the budget for that fiscal year has been adopted by City Council or special provisions have been adopted by the City Council.
d. The budget presented must be balanced, which is when total projected expenditures do not exceed total estimated revenues. If projected expenditures exceed total estimated revenues, , City Council may approve a planned use of accumulated fund balances in prior years for inclusion in the budget.
e. The City should maintain a multi-year financial forecast (Long Range Financial Forecast) that is updated as part of the annual budget development process.
f. One-time revenue sources are not to be relied upon to fund on-going operations.
2. Controlling and Adjusting the Annual Budget
a. The City structures and controls its budget by use of the following funds:
• General Fund - is the primary operating fund of the City. It accounts for the receipt of property tax, general sales tax, transient occupancy tax, and other general revenues available to finance City operations. The General Fund accounts for all revenues and expenditures that do not fit the criteria to be accounted for in other funds with external restrictions imposed by their respective financing sources.
• Special Funds - account for resources externally restricted for use by their respective funding sources, such as grant programs financed by the State and Federal governments.
• Enterprise Funds - account for water and wastewater systems, and may be used for fee-based programs if the intention is to recoup almost all City costs through fees or other charges. • Internal Service Funds - account for centralized service costs (such as vehicle services made available to all operating departments). Charges from the internal service funds appear as an expenditure in the user department, and as revenue in the central service department.
b. The City’s budget is controlled at the fund level by the City Council. • The City Council, as representatives of the public, is the sole authority for creating or increasing expenditure appropriations within a fund. The City Council is also the exclusive authority for approving changes in revenue estimates with funds.
c. Department Directors will be held directly responsible and accountable for their budgets as originally adopted by the City Council Agenda Item #9.6.
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or as thereafter revised in accordance with this policy. The level of expenditure control for departments is at the departmental level. d. Departments that operate programs among different funds are limited to the appropriation levels within any one fund. This policy also describes the level of authority needed to amend the adopted budget.
3. Transfers and revisions to the adopted budget:
a. The City Council approves:
• All increases in appropriations within a fund.
• All transfers of appropriations between funds.
• All decreases in appropriations, with the exception that the City Manager may direct Department Directors to suspend
expenditures pending Council consideration of decreases in appropriations needed to respond to fiscal emergency.
b. The City Manager approves:
• The City Manager may make budget transfers between
departments or programs as long as those changes do not increase overall appropriations within any one given fund.
Transfers between funds, overall increases in fund
appropriations, and overall increases in project budgets can only be made through City Council action.
c. Department Directors may authorize the transfer of appropriations within a department, except transfers: (1) that would purport an increase in the number of regular personnel, and (2) that would decrease appropriations for capital outlay.
d. Finance Department:
• The Finance Department is responsible for providing forms and instructions for requesting appropriation adjustments, and for analyzing and recommending adjustments to the City Manager.
The Finance Department will record approved budgets and adjustments into the City’s financial system.
• The Finance Department will ensure that the City’s
Comprehensive Annual Comprehensive Financial Report
(CAFRACFR) includes a comparison of actual expenditures against the final budget, as amended and adjusted under the authorities of this policy.
4. Operating expenditure appropriations not spent during the fiscal year lapse at year-end, except for:
a. Encumbrances or commitments, as in the form of finalized purchase orders made during the fiscal year that have not been completed at year-end.
Agenda Item #9.6.
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b. Appropriations for capital improvement projects and ongoing grants with a life-cycle beyond one year.
5. Governmental funds use the modified accrual basis of accounting while proprietary and fiduciary fund types are budgeted on a full accrual basis of accounting. The CAFRACFR presents City’s finances on a Generally Accepted Accounting Principles (GAAP) basis and the City’s budget is prepared in conformance with these standards.
6. The City’s budget must comply with the annual determination of the City’s appropriations limit (GANN Limit) calculated in accordance with Article XIIB of the Constitution of the State of California and the City shall adopt an annual resolution to this effect.
C. Capital Improvement Program
1. The City will develop and maintain a five-year Capital Improvement Program (CIP) to be updated annually in conjunction with the operating budget. The CIP should reflect the current and changing needs of the community as well as enhance the community’s quality of life.
2. All projects within the CIP are to be tracked systematically and reports should clearly display budget-to-actual performance by project, fund category, and project status.
3. Capital improvements that specifically benefit a select group of users and/or are fee-for-service based are to be financed through user fees, service charges, special assessments and taxes, or development impact fees.
4. Capital improvements that specifically benefit a fee-for-service enterprise operation (such as Water/Wastewater) are to be financed through the service fees generated within that operation and fund, unlessexcept in the event authorized by the voters of the City approve taxes or assessments for the purpose of financing such capital improvements, in which case revenues from the voter approved taxes or assessments may also be used to finance those capital improvements. Such fFees charged for enterprise operations should be supported by periodic updates to the related utility master planrate study prepared for those fees in accordance the California Constitution and all applicable laws.
a. Notwithstanding the above paragraph, Tthe city recognizes there may be emergency situations where enterprise operation capital improvements may need additional funding outside of the service fee structure and outside voter authorized initiatives such as a general obligation bond. For the completion of critical enterprise capital projects, City Council may authorize use of General Fund reserves in the following situations:
• Life and safety emergencies
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• Project completion is required (via mandate, cease and desist order, etc) and the current rate structure does not support the full cost to complete project
4.5. Transfers of resources to the CIP fund will be evaluated on an annual basis dependent upon the existence of available surplus dollars.
5.6. The City should strive to maximize the use of capital grants and State assistance in funding capital improvements before utilizing general revenue sources.
D. Revenues
1. The City will strive to maintain a diversified and stable revenue base to minimize the impact of economic fluctuation.
2. The City will seek out, apply for, and effectively administer Federal, State, and other grants that address the City’s current operating and capital priorities in accordance with P-FI-0007 – Grant Application and Management Policy.
3. The City will pursue revenue collection and auditing to assure that funds due to the City are accurately received in a timely manner.
4. The City will seek reimbursement for State mandated costs whenever possible.
5. The City will adopt user fees with appropriate levels of cost recovery.
6. User fee studies should be performed and updated every five years to ensure the proper balance of costs and service charges. The City should strive to cover the full cost of providing non-tax and discretionary fee-based service operations except to the extent that City Council approves defined subsidy levels by program area.
7. Operating departments are to review public services to identify and determine those appropriate for fee collection. Recommendations for new fees are to be presented to the City Council for adoption to ensure fees reflect all direct and reasonable indirect costs of providing such services.
8. Enterprise operations will be self-supporting.
E. Expenditures
1. Expenditures are to be budgeted and controlled so as to not exceed estimated revenues plus the approved and planned use of fund balances accumulated in prior years.
2. The City will conduct a mid-year financial status review to determine if projected revenues and expenditures meet target levels. If an operating deficit is projected at year-end, the City should evaluate the need for immediate corrective and/or mitigating actions, including operating or capital expenditure reductions and/or activate the use of established contingency Agenda Item #9.6.
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balances. The deferral of essential and scheduled operational expenditures into the following fiscal year or the use of short-term loans and transfers to balance the budget should be avoided.
3. The City implements a formal purchasing system, principles, and guidelines to ensure that expenditure levels are monitored throughout the course of any fiscal year.
F. Cash Management
1. Annually the City’s Investment Policy P-FI-0002 is reviewed and presented to City Council for adoption.
2. Investments for the City are reported at fair value (generally based on quoted market prices). The State Treasurer’s Investment Pool and California Asset Management Program (CAMP) operate in accordance with appropriate state laws and regulations. The reported value of the pool is the same as the fair value of the pool shares.
G. Debt Management
1. The types of debt appropriate for the City include the following: general obligation bonds, bond or grant anticipation notes, lease revenue bonds, certificates of participation and lease-purchase transactions, other revenue bonds and certificates of participation, land-secured financings, such as special tax revenue bonds issued under the Mello-Roos Community Facilities Act of 1982, as amended, and limited obligation bonds issued under applicable assessment statutes, and tax increment financing to the extent permitted under state law. The City may from time to time find that other forms of debt would be beneficial to further its public purposes and may approve such debt without an amendment of this policy.
2. The City should plan the use of debt in a manner that sustains financial payments at manageable levels.
3. The City will strive to integrate its debt issuances with the goals of its capital improvement program by timing the issuance of debt to ensure that projects are available when needed in furtherance of public purposes. Normal wear and tear, upkeep and maintenance of its infrastructure and facilities should be paid from available operating revenues so as to avoid the use of debt to fund infrastructure and facilities improvements that are the result of normal wear and tear.
4. The purposes for which long term debt may be appropriate include the following: (i) the project to be financed is necessary to provide basic services, (ii) the project to be financed will provide benefit to constituents over multiple years, (iii) total debt does not constitute an unreasonable burden to the City or its taxpayers and ratepayers, (iv) the debt is used to refinance Agenda Item #9.6.
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outstanding debt in order to produce debt service savings or to realize the benefits of a debt restructuring. The City will not issue long-term debt to fund current operations and will seek to avoid the use of debt to fund infrastructure and facilities improvements in circumstances when the sole purpose of such debt financing is to reduce annual budgetary expenditures.
Debt financing should only be used for long-term capital improvement projects with a useful life exceeding the term of the financing and for which the project revenues or specific identified revenue sources are sufficient to service the long-term debt. Debt Financing can be used if the cost of financing is favorable as compared to the use of City investment holdings over the financing term.
5. It is a policy goal of the Issuer to protect taxpayers, ratepayers and constituents by utilizing conservative financing methods and techniques so as to obtain the highest practical credit ratings (if applicable) and the lowest practical borrowing costs. The City will seek to maintain a high credit rating through sound financial practices as a basis for minimizing borrowing costs.
6. Internal control procedures shall include monitoring all forms of debt annually in conjunction with the budget preparation process and report concerns and remedies, if necessary, to the City Council, to ensure that proceeds of debt will be directed to the intended use.
7. The City will diligently comply with and monitor compliance with all bond covenants.
8. The City will cause to be prepared and will timely post to the Electronic Municipal Market Access database (EMMA) all required annual continuing disclosures and, if needed, any material event notices.
9. The City will monitor all debt obligations for ongoing tax compliance and arbitrage reporting.
10. The City will not incur general obligation indebtedness for public improvements which exceed in aggregate 15% of the assessed value of all real and personal property of the City as specified in the California Government Code Section 43605.
11. The City will maintain a minimum net revenue coverage ratio for the Water and Wastewater funds (all annual revenues remaining after operating and maintenance expenses, net of pass-through grants, to annual debt service requirements net of excess appropriations required for variable rate debt) as required by each funding source.
H. Fund Definitions
1. Governmental Fund Type Definitions
Governmental fund types include the General Fund, special revenue funds, capital projects funds, debt service funds, and permanent funds. The Agenda Item #9.6.
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Governmental Accounting Standards Board (GASB) has clarified the definitions of these funds as follows:
a. General Fund – The General Fund should be used to account for and report all financial resources not accounted for and reported in another fund.
b. Special Revenue Funds – Special revenue funds are used to account for and report the proceeds of specific revenue sources that are restricted or committed to expenditure for specified purposes other than debt service or capital projects. The restricted or committed proceeds of specific revenue sources should be expected to continue to comprise a substantial portion of the inflows reported in the fund. Other resources (investment earnings and transfers from other funds, for example) also may be reported in the fund if those resources are restricted, committed, or assigned to the specific purpose of the fund.
Governments should discontinue reporting a special revenue fund, and instead report the fund’s remaining resources in the general fund, if the government no longer expects that a substantial portion of the inflows will derive from restricted or committed revenue sources. c. Capital Projects Funds – Capital projects funds are used to account for and report financial resources that are restricted, committed, or assigned to expenditure for capital outlays, including the acquisition or construction of capital facilities and other capital assets. Capital projects funds exclude those types of capital-related outflows financed by proprietary funds or for assets that will be held in trust for individuals, private organizations, or other governments. d. Debt Service Funds – Debt service funds are used to account for and report financial resources that are restricted, committed, or assigned to expenditure for principal and interest, even if it is being accumulated for further years’ payments. Debt service funds should be used to report resources if legally mandated.
e. Permanent Funds – Permanent funds should be used to account for and report resources that are restricted to the extent that only earnings, and not principal, may be used for purposes that support the reporting government’s programs. Permanent funds do not include private-purpose trust funds, which should be used to report situations in which the government is required to use the principal or earnings for the benefit of individuals, private organizations, or other governments.
2. Proprietary Fund Type Definitions
Agenda Item #9.6.
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Proprietary fund types include enterprise funds and internal service funds.
GASB has clarified the definitions of these funds as follows:
a. Enterprise Funds – GAAP provide that enterprise funds may be used to report any activity for which a fee is charged to external users for goods or services. Furthermore, a given activity must be accounted for in an enterprise fund if it meets any of the following criteria (in the context of its principal revenue sources):
a. There is outstanding debt that is backed solely by fees and charges;
b. Laws or regulations require that fees and charges be set to recover costs, including capital costs (depreciation or debt service); or
c. There is a pricing policy that fees and charges be set to recover costs, including capital costs (depreciation or debt service). b. Internal Service Funds – Internal service funds are used to report any activity that provides goods or services to other funds, departments, or agencies of the primary government and its component units, or to other governments, on a cost-reimbursement basis.
3. Fiduciary Fund Type Definitions
Generally Accepted Accounting Principles (GAAP) require fiduciary funds to report assets held in trustee or agency capacity for others cannot be used to support the government’s own programs. Fiduciary funds, as reported in GAAP financial statements, never should include resources that can be used to support the government’s own programs. Within the fiduciary funds category, funds that involve a trust agreement that affects the degree of management involvement and the length of time that the resources are held are distinguished from funds that involve only the receipt, temporary investment and remittance of fiduciary resources. Fiduciary fund types include pension, investment trust funds, private-purpose trust funds, and agency funds.
c. Pension Funds – Used to report resources that are required to be held in trust for the members and beneficiaries of defined benefit pension plans, defined contribution plans, or other postemployment benefit plans, or other employee benefit plans.
d. Investment Trust Funds – Used to report the external portion of investment pools reported by the sponsoring government. e. Private-purpose Trust Funds – Used to report all other trust arrangements under which principal and income benefit individuals, private organizations, or other governments.
Agenda Item #9.6.
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f. Agency Funds – Used to report resources held by the reporting government in a purely custodial capacity.
I. Fund Balance Classifications
1. Governmental Fund Balances
a. Fund balance is defined as the difference between assets and liabilities and in Governmental funds is reported as fund balance.
GASB No. 54 classified fund balances into the following categories:
• Nonspendable: The nonspendable fund balance classification includes amounts that cannot be spent because they are either (a) not in spendable form or (b) legally or contractually required to be maintained intact. The “not in spendable form” criterion includes items that are not expected to be converted to cash, for example, inventories and prepaid amounts. It also includes the long-term amount of loans and notes receivable, as well as property acquired for resale.
• Restricted: The restricted portion of fund balance is restricted to specific purposes. Examples are Gas Tax revenues and grant proceeds.
• Committed: The committed portion of fund balance is
constrained by the limitations imposed through formal City Council action. Only formal City Council action can remove or modify a previously committed account.
• Assigned: The assigned portion of fund balance is established for intended use by either the City Council or its designee, such as the City Manager. No formal City Council action is needed to remove the intended use. GAAP required reserves, such as the Other Post-Employment Benefits (OPEB) reserve, belong to this category.
• Unassigned: The unassigned portion of fund balance is that remaining after the non-spendable, the restricted, the
committed, and the assigned fund balances are identified and recorded.
The City of St. Helena will use GASB’s definitions of fund balance for the annual CAFRACFR and for all other financial reporting. For all financial planning purposes, the term Net Position or Fund Balance will be used and will include any portion of the fund balance that is available for appropriation.
Preferred order of use of governmental fund balances:
Agenda Item #9.6.
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The City shall strive to use the most restricted fund balances prior to utilizing those that are less restricted. The following order of use reflects this guideline:
a. Non-spendable (if funds become spendable)
b. Restricted
c. Committed
d. Assigned
e. Unassigned
2. Proprietary and Fiduciary Fund Balances (Net Position) a. Fund balance is defined as the difference between assets and liabilities and in Proprietary and Fiduciary fund is reported as net position. GASB No. 63 classified reporting of net position into the following categories:
• Net Investment in Capital Assets: The net investment in capital assets component of net position consists of capital assets, net of accumulated depreciation, reduced by the outstanding balances of bonds, mortgages, notes, or other borrowings that are attributable to the acquisition, construction, or
improvement of those assets.
• Restricted for Capital Projects: The restricted component of net position consists of restricted assets reduced by liabilities and deferred inflows of resources related to those assets.
Generally, a liability relates to restricted assets if the asset results from a resource flow that also results in the recognition of a liability or if the liability will be liquidated with restricted assets reported.
• Unrestricted: The unrestricted component of net position is the net amount of the assets, deferred outflows of resources, liabilities, and deferred inflows of resources that are not included in the determination of net investment in capital assets or the restricted component of net position.
J. Fund Balance Levels
The City of St. Helena has enacted the Fund Balance policies in an effort to ensure financial security through the maintenance of a healthy fund contingency balance that guides the creation, maintenance, and use of resources for financial stabilization purposes. The City’s primary objective is to maintain a prudent level of financial resources to protect against reducing service levels or raising taxes and fees due to temporary revenue shortfalls or unpredicted one-time expenditures. The City also Agenda Item #9.6.
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seeks to maintain the highest possible credit ratings which are dependent, in part, on the City’s maintenance of a healthy fund balance.
1. General Fund
The City’s fiscal goal is to maintain annual expenditure increases at a sustainable growth rate, and to limit expenditures to anticipated revenues in order to maintain a balanced budget. The Council’s directed target is to maintain an unassigned fund balance of thirty percent (30%) of annual operating expenditures for the fiscal year.
2. Buildings, Facilities, & Infrastructure Reserve
Building, facilities, and infrastructure replacement reserve should be established and maintained to provide for the timely replacement of City owned fixed assets. The balance is hereby defined as assigned by the City Council to allow the City to maintain an infrastructure reserve with a target balance equivalent to the projected annual cost of the first year Capital Improvement Plan fund expenditures.
3. Equipment, Technology, & Vehicle Replacement Reserve The balance is hereby defined as assigned by the City Council to allow the City to set aside an appropriate amount of money to property fund equipment, technology, and vehicle replacement. The City shall set aside funding annually in this reserve based on the vehicle, technology, and equipment replacement schedule.
4. Other Benefit Reserves
The City’s policy permits employees to accumulate earned but unused vacation and sick leave benefits which are eligible for payment upon separation from service. Retiring employees have the option of applying 100% of their unused sick leave accrued towards the payment of continuation insurance premiums, to the extent allowed by law. The City should set aside funding annually in this reserve to match the current liabilities.
5. Unassigned Operating Reserve
These balances are hereby defined as unassigned by the City Council to allow the City to weather unpredicted cyclical and rapid downturns in the economy.
These funds would be available for use in such conditions to mitigate negative economic fiscal impacts or State takeaways and can be activated within any one budget cycle through Council action. An economic downturn would entail a projected and/or sudden drop in core revenues (major tax and service revenue loss) of equal to or greater than 10% (including the impact of inflation) and/or a change in economic parameters (such as interest rates, debt service rates, pension and health rates) that cause a material change in expenditures of 10% or more, or the occurrence of a local natural disaster or unexpected financial claim requiring the immediate use of cash balances.
6. Water and Wastewater Operating Fund Balances
Agenda Item #9.6.
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The City should maintain balances in the Water and Wastewater Funds at a level sufficient to accommodate operating and capital needs. City Council’s directed target for the Water Fund is 10-14 months (83%-106%) of annual operating expenditures in cash and the Wastewater Fund 6-8 months (50%- 67%) of annual operating expenditures in cash. These amounts include cash balances in the Water and Wastewater Capital Improvement Project Funds.
Multi-year fee studies for these funds should be updated periodically as a basis for defining the revenue sources necessary to maintain system infrastructure and required service levels. As a result of the periodic fee or master plan studies, adjustments to user charges may be necessary to maintain recommended fund balance levels.
K. Financial Reporting
Budget decisions are of primary concern for the City Council, City Management, the public, and various stakeholders. When considering the budget, staff presents updated projections for revenues and expenditures/expenses and the reports indicate whether prior estimates are tracking with the approved budget.
Additionally, the external annual financial reporting for local governments involves producing the Comprehensive Annual Financial ReportAnnual Comprehensive Financial Report (CAFRACFR) which is audited and produced by an independent, third party CPA/auditor. Throughout the year, the following reports are to be presented to City Council.
1. The City’s accounting and financial reports are to be maintained in conformance with GAAP.
2. Long Range Financial Forecast
a. A Long Range Financial Forecast (LRFF) for the City’s General Fund will be presented to City Council as part of the development of the annual budget.
b. The LRFF provides a current and long-range financial assessment of revenues, expenditures, fund balance, and emergency reserves. The primary objective is to provide the City Council and the community with a financial forecast and identify any significant issues that may need to be addressed in the annual budget development process. c. The LRFF will consist of a baseline forecast, a recession forecast, and any other forecasts deemed necessary.
d. The LRFF is a ten-year forecast.
e. The LRFF will be updated as necessary throughout the fiscal year.
3. Internal Financial Reporting
a. Internal financial reports help City Council, the public, and management to monitor budgetary compliance on a timely basis.
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b. Internal financial reports often provide more detail on individual departments than does general purpose external financial reporting (Section 4 below) and does not require an independent auditor review and audit.
c. Internal financial reporting for all funds are to be issued on a periodic and timely basis – no less than quarterly and no more than 30 days after the close of the period. The report will provide detailed information for the General, Water, and Wastewater Funds and summary information for all funds will be included as attachments to the report. The report will include a summary of all checks over $50,000 issued during that quarter.
d. An end of the fiscal year unaudited report will be issued no more than 60 days after the close of Q4 with end of year estimates for revenues and expenditures/expenses for all funds.
e. Periodic reports will compare the adopted budget (Original Budget), adjusted budget (Final Budget), and the year to date actuals (Actual Amounts).
4. External Financial Reporting - Comprehensive Annual Financial ReportAnnual Comprehensive Financial Report (CAFRACFR)
a. An annual financial audit will be performed by an independent public accounting firm familiar with municipal government activities. The independent auditor will issue an audit opinion to be included in the City’s Comprehensive Annual Financial ReportAnnual Comprehensive Financial Report (CAFRACFR). Additionally, the CAFRACFR and Independent Auditor’s Report on Internal Control over Financial Reporting and Compliance will be presented to the City Council. b. The CAFRACFR is a set of financial statements for a state, municipality, or other governmental entity that comply with the accounting requirements established by the Governmental Accounting Standards Board (GASB).
c. In addition to the General, Water, and Wastewater Funds, the City also accounts for activities in approximately 70 special revenue funds that account for monies received from external parties with restrictions on their respective uses. The audit process ensures that the purposes of the various funds were carried out and the relative authorities to spend were honored.
d. The external auditor prepares financial reports for each fund based on the requirements of the funding source and once all funds are audited, they are accounted for in the financial statements, combining schedules, and notes to the financial statements.
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e. Unless extraneous circumstances occur, the City will rotate audit service providers every five years. If an auditor is being retained for longer than five years, the reason must be included in a staff report to City Council at the time of the contract execution or renewal. f. The CAFRACFR will be completed no later than December 31st following the close of the fiscal year.
g. The City is encouraged to submit the Annual CAFRACFR to State and/or national government finance professional organizations (Governmental Finance Officers’ Association’s Certification of Achievement for Excellence in Financial Reporting, California Society of Municipal Finance Officers CAFRACFR Award) for independent review and evaluation.
L. Review and Update
This financial policy will be reviewed periodically and updated, if necessary, to reflect any changing requirements.
Agenda Item #9.6.
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Policy # P-FI-0016
Revision # Revision #3
Implementation Date 2019-09-10
Title:
Financial Policy
Last Update Date 2019-09-10
Approval by City Council September 10, 2019 Date Approved 2018-11-27 I. Purpose, Overview and Scope of this Policy
This document establishes policies of overall financial management, budget development, and fiscal administration for the City of St. Helena. Included herein are statements and principles designed to guide the City in maintaining its financial stability and delivering high-quality services to the public.
Formally adopted financial policies assist elected officials and City staff in the development of fiscal management practices, save time, and provide structure for financial decisions, promote public confidence, enhance transparency, and provide continuity over time. These policies will be updated periodically, but are designed with a long-term perspective and provide the basic framework and road map for addressing a wide variety of financial and economic conditions that the City will encounter. A fiscal policy supports long-term planning and enhances the City’s effectiveness in implementing long-term strategies to deliver efficient public services.
This document provides a structured, central repository for a variety of fiscal policies which are organized into the following categories:
A. General Financial Principles
B. Annual Operating Budget Policy
C. Capital Improvement Program
D. Revenues
E. Expenditures
F. Cash Management
G. Debt Management
H. Fund Definitions
I. Fund Balance Classifications
J. Fund Balance Levels
K. Financial Reporting
L. Review and Update
II. Authority
Updates to this policy require City Council approval.
Agenda Item #9.6.
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III. Policy
A. General Financial Principals
It is the overall policy of the City of St. Helena to build upon a sound conceptual framework to:
1. Manage its financial resources in a responsible and prudent manner.
2. Provide financial information in a relevant, thorough and timely manner, and in a format that effectively communicates financial status to the Council, citizens, and City employees.
3. Establish and maintain prudent fund balance levels.
4. Maintain financial reporting in compliance with current governmental accounting standards.
5. Promote and implement a relevant and strong system of internal financial controls to manage significant risks and monitor the reliability and integrity of financial and operating reporting.
6. Promote constructive and proactive financial decision making that includes, and is responsive to, citizens input and guidance.
7. Integrate long-term operating and capital resources planning into the annual budget process.
8. Allow for uncertainties and maintain a posture of financial flexibility.
9. Develop programs in a manner that support the City’s long-term ability to cover costs and provide the level and quality of service expected by its citizens.
10. Manage debt responsibly.
11. Establish and implement investment policies in accordance with City code and State law.
B. Annual Operating Budget Policy
1. Adoption of Annual Operating Budget
a. Per Municipal Code 2.12.060.B.9, the City Manager supervises the preparation of a detailed, proposed municipal budget and submit the same to the Council on or before May 15th of each year, and to offer their recommendations as to such increases, decreases, cancellations, transfers, or changes in any of the items included in the proposed budget as in their judgment should be made before the adoption of the budget.
b. An annual operating budget will be adopted by the City Council no later than June 30th of each fiscal year. The budget will include appropriations that provide expenditure authority to public officials responsible for operating their respective departments to fulfill obligations to provide public services as delegated by the City Council.
Agenda Item #9.6.
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c. Funds may not be expended for a new fiscal year until the budget for that fiscal year has been adopted by City Council or special provisions have been adopted by the City Council.
d. The budget presented must be balanced, which is when total projected expenditures do not exceed total estimated revenues. If projected expenditures exceed total estimated revenues, , City Council may approve a planned use of accumulated fund balances in prior years for inclusion in the budget.
e. The City should maintain a multi-year financial forecast (Long Range Financial Forecast) that is updated as part of the annual budget development process.
f. One-time revenue sources are not to be relied upon to fund on-going operations.
2. Controlling and Adjusting the Annual Budget
a. The City structures and controls its budget by use of the following funds:
• General Fund - is the primary operating fund of the City. It accounts for the receipt of property tax, general sales tax, transient occupancy tax, and other general revenues available to finance City operations. The General Fund accounts for all revenues and expenditures that do not fit the criteria to be accounted for in other funds with external restrictions imposed by their respective financing sources.
• Special Funds - account for resources externally restricted for use by their respective funding sources, such as grant programs financed by the State and Federal governments.
• Enterprise Funds - account for water and wastewater systems, and may be used for fee-based programs if the intention is to recoup almost all City costs through fees or other charges. • Internal Service Funds - account for centralized service costs (such as vehicle services made available to all operating departments). Charges from the internal service funds appear as an expenditure in the user department, and as revenue in the central service department.
b. The City’s budget is controlled at the fund level by the City Council. • The City Council, as representatives of the public, is the sole authority for creating or increasing expenditure appropriations within a fund. The City Council is also the exclusive authority for approving changes in revenue estimates with funds.
c. Department Directors will be held directly responsible and accountable for their budgets as originally adopted by the City Council Agenda Item #9.6.
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or as thereafter revised in accordance with this policy. The level of expenditure control for departments is at the departmental level. d. Departments that operate programs among different funds are limited to the appropriation levels within any one fund. This policy also describes the level of authority needed to amend the adopted budget.
3. Transfers and revisions to the adopted budget:
a. The City Council approves:
• All increases in appropriations within a fund.
• All transfers of appropriations between funds.
• All decreases in appropriations, with the exception that the City Manager may direct Department Directors to suspend
expenditures pending Council consideration of decreases in appropriations needed to respond to fiscal emergency.
b. The City Manager approves:
• The City Manager may make budget transfers between
departments or programs as long as those changes do not increase overall appropriations within any one given fund.
Transfers between funds, overall increases in fund
appropriations, and overall increases in project budgets can only be made through City Council action.
c. Department Directors may authorize the transfer of appropriations within a department, except transfers: (1) that would purport an increase in the number of regular personnel, and (2) that would decrease appropriations for capital outlay.
d. Finance Department:
• The Finance Department is responsible for providing forms and instructions for requesting appropriation adjustments, and for analyzing and recommending adjustments to the City Manager.
The Finance Department will record approved budgets and adjustments into the City’s financial system.
• The Finance Department will ensure that the City’s Annual Comprehensive Financial Report (ACFR) includes a comparison of actual expenditures against the final budget, as amended and adjusted under the authorities of this policy.
4. Operating expenditure appropriations not spent during the fiscal year lapse at year-end, except for:
a. Encumbrances or commitments, as in the form of finalized purchase orders made during the fiscal year that have not been completed at year-end.
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b. Appropriations for capital improvement projects and ongoing grants with a life-cycle beyond one year.
5. Governmental funds use the modified accrual basis of accounting while proprietary and fiduciary fund types are budgeted on a full accrual basis of accounting. The ACFR presents City’s finances on a Generally Accepted Accounting Principles (GAAP) basis and the City’s budget is prepared in conformance with these standards.
6. The City’s budget must comply with the annual determination of the City’s appropriations limit (GANN Limit) calculated in accordance with Article XIIB of the Constitution of the State of California and the City shall adopt an annual resolution to this effect.
C. Capital Improvement Program
1. The City will develop and maintain a five-year Capital Improvement Program (CIP) to be updated annually in conjunction with the operating budget. The CIP should reflect the current and changing needs of the community as well as enhance the community’s quality of life.
2. All projects within the CIP are to be tracked systematically and reports should clearly display budget-to-actual performance by project, fund category, and project status.
3. Capital improvements that specifically benefit a select group of users and/or are fee-for-service based are to be financed through user fees, service charges, special assessments and taxes, or development impact fees.
4. Capital improvements that specifically benefit a fee-for-service enterprise operation (such as Water/Wastewater) are to be financed through the service fees generated within that operation and fund, except in the event the voters of the City approve taxes or assessments for the purpose of financing such capital improvements, in which case revenues from the voter approved taxes or assessments may also be used to finance those capital improvements. Fees charged for enterprise operations should be supported by periodic updates to the rate study prepared for those fees in accordance the California Constitution and all applicable laws.
a. Notwithstanding the above paragraph, the city recognizes there may be emergency situations where enterprise operation capital improvements may need additional funding outside of the service fee structure and outside voter authorized initiatives such as a general obligation bond. For the completion of critical enterprise capital projects, City Council may authorize use of General Fund reserves in the following situations:
• Life and safety emergencies
Agenda Item #9.6.
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• Project completion is required (via mandate, cease and desist order, etc) and the current rate structure does not support the full cost to complete project
5. Transfers of resources to the CIP fund will be evaluated on an annual basis dependent upon the existence of available surplus dollars.
6. The City should strive to maximize the use of capital grants and State assistance in funding capital improvements before utilizing general revenue sources.
D. Revenues
1. The City will strive to maintain a diversified and stable revenue base to minimize the impact of economic fluctuation.
2. The City will seek out, apply for, and effectively administer Federal, State, and other grants that address the City’s current operating and capital priorities in accordance with P-FI-0007 – Grant Application and Management Policy.
3. The City will pursue revenue collection and auditing to assure that funds due to the City are accurately received in a timely manner.
4. The City will seek reimbursement for State mandated costs whenever possible.
5. The City will adopt user fees with appropriate levels of cost recovery.
6. User fee studies should be performed and updated every five years to ensure the proper balance of costs and service charges. The City should strive to cover the full cost of providing non-tax and discretionary fee-based service operations except to the extent that City Council approves defined subsidy levels by program area.
7. Operating departments are to review public services to identify and determine those appropriate for fee collection. Recommendations for new fees are to be presented to the City Council for adoption to ensure fees reflect all direct and reasonable indirect costs of providing such services.
8. Enterprise operations will be self-supporting.
E. Expenditures
1. Expenditures are to be budgeted and controlled so as to not exceed estimated revenues plus the approved and planned use of fund balances accumulated in prior years.
2. The City will conduct a mid-year financial status review to determine if projected revenues and expenditures meet target levels. If an operating deficit is projected at year-end, the City should evaluate the need for immediate corrective and/or mitigating actions, including operating or capital expenditure reductions and/or activate the use of established contingency Agenda Item #9.6.
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balances. The deferral of essential and scheduled operational expenditures into the following fiscal year or the use of short-term loans and transfers to balance the budget should be avoided.
3. The City implements a formal purchasing system, principles, and guidelines to ensure that expenditure levels are monitored throughout the course of any fiscal year.
F. Cash Management
1. Annually the City’s Investment Policy P-FI-0002 is reviewed and presented to City Council for adoption.
2. Investments for the City are reported at fair value (generally based on quoted market prices). The State Treasurer’s Investment Pool and California Asset Management Program (CAMP) operate in accordance with appropriate state laws and regulations. The reported value of the pool is the same as the fair value of the pool shares.
G. Debt Management
1. The types of debt appropriate for the City include the following: general obligation bonds, bond or grant anticipation notes, lease revenue bonds, certificates of participation and lease-purchase transactions, other revenue bonds and certificates of participation, land-secured financings, such as special tax revenue bonds issued under the Mello-Roos Community Facilities Act of 1982, as amended, and limited obligation bonds issued under applicable assessment statutes, and tax increment financing to the extent permitted under state law. The City may from time to time find that other forms of debt would be beneficial to further its public purposes and may approve such debt without an amendment of this policy.
2. The City should plan the use of debt in a manner that sustains financial payments at manageable levels.
3. The City will strive to integrate its debt issuances with the goals of its capital improvement program by timing the issuance of debt to ensure that projects are available when needed in furtherance of public purposes. Normal wear and tear, upkeep and maintenance of its infrastructure and facilities should be paid from available operating revenues so as to avoid the use of debt to fund infrastructure and facilities improvements that are the result of normal wear and tear.
4. The purposes for which long term debt may be appropriate include the following: (i) the project to be financed is necessary to provide basic services, (ii) the project to be financed will provide benefit to constituents over multiple years, (iii) total debt does not constitute an unreasonable burden to the City or its taxpayers and ratepayers, (iv) the debt is used to refinance Agenda Item #9.6.
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outstanding debt in order to produce debt service savings or to realize the benefits of a debt restructuring. The City will not issue long-term debt to fund current operations and will seek to avoid the use of debt to fund infrastructure and facilities improvements in circumstances when the sole purpose of such debt financing is to reduce annual budgetary expenditures.
Debt financing should only be used for long-term capital improvement projects with a useful life exceeding the term of the financing and for which the project revenues or specific identified revenue sources are sufficient to service the long-term debt. Debt Financing can be used if the cost of financing is favorable as compared to the use of City investment holdings over the financing term.
5. It is a policy goal of the Issuer to protect taxpayers, ratepayers and constituents by utilizing conservative financing methods and techniques so as to obtain the highest practical credit ratings (if applicable) and the lowest practical borrowing costs. The City will seek to maintain a high credit rating through sound financial practices as a basis for minimizing borrowing costs.
6. Internal control procedures shall include monitoring all forms of debt annually in conjunction with the budget preparation process and report concerns and remedies, if necessary, to the City Council, to ensure that proceeds of debt will be directed to the intended use.
7. The City will diligently comply with and monitor compliance with all bond covenants.
8. The City will cause to be prepared and will timely post to the Electronic Municipal Market Access database (EMMA) all required annual continuing disclosures and, if needed, any material event notices.
9. The City will monitor all debt obligations for ongoing tax compliance and arbitrage reporting.
10. The City will not incur general obligation indebtedness for public improvements which exceed in aggregate 15% of the assessed value of all real and personal property of the City as specified in the California Government Code Section 43605.
11. The City will maintain a minimum net revenue coverage ratio for the Water and Wastewater funds (all annual revenues remaining after operating and maintenance expenses, net of pass-through grants, to annual debt service requirements net of excess appropriations required for variable rate debt) as required by each funding source.
H. Fund Definitions
1. Governmental Fund Type Definitions
Governmental fund types include the General Fund, special revenue funds, capital projects funds, debt service funds, and permanent funds. The Agenda Item #9.6.
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Governmental Accounting Standards Board (GASB) has clarified the definitions of these funds as follows:
a. General Fund – The General Fund should be used to account for and report all financial resources not accounted for and reported in another fund.
b. Special Revenue Funds – Special revenue funds are used to account for and report the proceeds of specific revenue sources that are restricted or committed to expenditure for specified purposes other than debt service or capital projects. The restricted or committed proceeds of specific revenue sources should be expected to continue to comprise a substantial portion of the inflows reported in the fund. Other resources (investment earnings and transfers from other funds, for example) also may be reported in the fund if those resources are restricted, committed, or assigned to the specific purpose of the fund.
Governments should discontinue reporting a special revenue fund, and instead report the fund’s remaining resources in the general fund, if the government no longer expects that a substantial portion of the inflows will derive from restricted or committed revenue sources. c. Capital Projects Funds – Capital projects funds are used to account for and report financial resources that are restricted, committed, or assigned to expenditure for capital outlays, including the acquisition or construction of capital facilities and other capital assets. Capital projects funds exclude those types of capital-related outflows financed by proprietary funds or for assets that will be held in trust for individuals, private organizations, or other governments. d. Debt Service Funds – Debt service funds are used to account for and report financial resources that are restricted, committed, or assigned to expenditure for principal and interest, even if it is being accumulated for further years’ payments. Debt service funds should be used to report resources if legally mandated.
e. Permanent Funds – Permanent funds should be used to account for and report resources that are restricted to the extent that only earnings, and not principal, may be used for purposes that support the reporting government’s programs. Permanent funds do not include private-purpose trust funds, which should be used to report situations in which the government is required to use the principal or earnings for the benefit of individuals, private organizations, or other governments.
2. Proprietary Fund Type Definitions
Agenda Item #9.6.
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Proprietary fund types include enterprise funds and internal service funds.
GASB has clarified the definitions of these funds as follows:
a. Enterprise Funds – GAAP provide that enterprise funds may be used to report any activity for which a fee is charged to external users for goods or services. Furthermore, a given activity must be accounted for in an enterprise fund if it meets any of the following criteria (in the context of its principal revenue sources):
a. There is outstanding debt that is backed solely by fees and charges;
b. Laws or regulations require that fees and charges be set to recover costs, including capital costs (depreciation or debt service); or
c. There is a pricing policy that fees and charges be set to recover costs, including capital costs (depreciation or debt service). b. Internal Service Funds – Internal service funds are used to report any activity that provides goods or services to other funds, departments, or agencies of the primary government and its component units, or to other governments, on a cost-reimbursement basis.
3. Fiduciary Fund Type Definitions
Generally Accepted Accounting Principles (GAAP) require fiduciary funds to report assets held in trustee or agency capacity for others cannot be used to support the government’s own programs. Fiduciary funds, as reported in GAAP financial statements, never should include resources that can be used to support the government’s own programs. Within the fiduciary funds category, funds that involve a trust agreement that affects the degree of management involvement and the length of time that the resources are held are distinguished from funds that involve only the receipt, temporary investment and remittance of fiduciary resources. Fiduciary fund types include pension, investment trust funds, private-purpose trust funds, and agency funds.
c. Pension Funds – Used to report resources that are required to be held in trust for the members and beneficiaries of defined benefit pension plans, defined contribution plans, or other postemployment benefit plans, or other employee benefit plans.
d. Investment Trust Funds – Used to report the external portion of investment pools reported by the sponsoring government. e. Private-purpose Trust Funds – Used to report all other trust arrangements under which principal and income benefit individuals, private organizations, or other governments.
Agenda Item #9.6.
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f. Agency Funds – Used to report resources held by the reporting government in a purely custodial capacity.
I. Fund Balance Classifications
1. Governmental Fund Balances
a. Fund balance is defined as the difference between assets and liabilities and in Governmental funds is reported as fund balance.
GASB No. 54 classified fund balances into the following categories:
• Nonspendable: The nonspendable fund balance classification includes amounts that cannot be spent because they are either (a) not in spendable form or (b) legally or contractually required to be maintained intact. The “not in spendable form” criterion includes items that are not expected to be converted to cash, for example, inventories and prepaid amounts. It also includes the long-term amount of loans and notes receivable, as well as property acquired for resale.
• Restricted: The restricted portion of fund balance is restricted to specific purposes. Examples are Gas Tax revenues and grant proceeds.
• Committed: The committed portion of fund balance is
constrained by the limitations imposed through formal City Council action. Only formal City Council action can remove or modify a previously committed account.
• Assigned: The assigned portion of fund balance is established for intended use by either the City Council or its designee, such as the City Manager. No formal City Council action is needed to remove the intended use. GAAP required reserves, such as the Other Post-Employment Benefits (OPEB) reserve, belong to this category.
• Unassigned: The unassigned portion of fund balance is that remaining after the non-spendable, the restricted, the
committed, and the assigned fund balances are identified and recorded.
The City of St. Helena will use GASB’s definitions of fund balance for the annual ACFR and for all other financial reporting. For all financial planning purposes, the term Net Position or Fund Balance will be used and will include any portion of the fund balance that is available for appropriation.
Preferred order of use of governmental fund balances:
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The City shall strive to use the most restricted fund balances prior to utilizing those that are less restricted. The following order of use reflects this guideline:
a. Non-spendable (if funds become spendable)
b. Restricted
c. Committed
d. Assigned
e. Unassigned
2. Proprietary and Fiduciary Fund Balances (Net Position) a. Fund balance is defined as the difference between assets and liabilities and in Proprietary and Fiduciary fund is reported as net position. GASB No. 63 classified reporting of net position into the following categories:
• Net Investment in Capital Assets: The net investment in capital assets component of net position consists of capital assets, net of accumulated depreciation, reduced by the outstanding balances of bonds, mortgages, notes, or other borrowings that are attributable to the acquisition, construction, or
improvement of those assets.
• Restricted for Capital Projects: The restricted component of net position consists of restricted assets reduced by liabilities and deferred inflows of resources related to those assets.
Generally, a liability relates to restricted assets if the asset results from a resource flow that also results in the recognition of a liability or if the liability will be liquidated with restricted assets reported.
• Unrestricted: The unrestricted component of net position is the net amount of the assets, deferred outflows of resources, liabilities, and deferred inflows of resources that are not included in the determination of net investment in capital assets or the restricted component of net position.
J. Fund Balance Levels
The City of St. Helena has enacted the Fund Balance policies in an effort to ensure financial security through the maintenance of a healthy fund contingency balance that guides the creation, maintenance, and use of resources for financial stabilization purposes. The City’s primary objective is to maintain a prudent level of financial resources to protect against reducing service levels or raising taxes and fees due to temporary revenue shortfalls or unpredicted one-time expenditures. The City also Agenda Item #9.6.
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seeks to maintain the highest possible credit ratings which are dependent, in part, on the City’s maintenance of a healthy fund balance.
1. General Fund
The City’s fiscal goal is to maintain annual expenditure increases at a sustainable growth rate, and to limit expenditures to anticipated revenues in order to maintain a balanced budget. The Council’s directed target is to maintain an unassigned fund balance of thirty percent (30%) of annual operating expenditures for the fiscal year.
2. Buildings, Facilities, & Infrastructure Reserve
Building, facilities, and infrastructure replacement reserve should be established and maintained to provide for the timely replacement of City owned fixed assets. The balance is hereby defined as assigned by the City Council to allow the City to maintain an infrastructure reserve with a target balance equivalent to the projected annual cost of the first year Capital Improvement Plan fund expenditures.
3. Equipment, Technology, & Vehicle Replacement Reserve The balance is hereby defined as assigned by the City Council to allow the City to set aside an appropriate amount of money to property fund equipment, technology, and vehicle replacement. The City shall set aside funding annually in this reserve based on the vehicle, technology, and equipment replacement schedule.
4. Other Benefit Reserves
The City’s policy permits employees to accumulate earned but unused vacation and sick leave benefits which are eligible for payment upon separation from service. Retiring employees have the option of applying 100% of their unused sick leave accrued towards the payment of continuation insurance premiums, to the extent allowed by law. The City should set aside funding annually in this reserve to match the current liabilities.
5. Unassigned Operating Reserve
These balances are hereby defined as unassigned by the City Council to allow the City to weather unpredicted cyclical and rapid downturns in the economy.
These funds would be available for use in such conditions to mitigate negative economic fiscal impacts or State takeaways and can be activated within any one budget cycle through Council action. An economic downturn would entail a projected and/or sudden drop in core revenues (major tax and service revenue loss) of equal to or greater than 10% (including the impact of inflation) and/or a change in economic parameters (such as interest rates, debt service rates, pension and health rates) that cause a material change in expenditures of 10% or more, or the occurrence of a local natural disaster or unexpected financial claim requiring the immediate use of cash balances.
6. Water and Wastewater Operating Fund Balances
Agenda Item #9.6.
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The City should maintain balances in the Water and Wastewater Funds at a level sufficient to accommodate operating and capital needs. City Council’s directed target for the Water Fund is 10-14 months (83%-106%) of annual operating expenditures in cash and the Wastewater Fund 6-8 months (50%- 67%) of annual operating expenditures in cash. These amounts include cash balances in the Water and Wastewater Capital Improvement Project Funds.
Multi-year fee studies for these funds should be updated periodically as a basis for defining the revenue sources necessary to maintain system infrastructure and required service levels. As a result of the periodic fee or master plan studies, adjustments to user charges may be necessary to maintain recommended fund balance levels.
K. Financial Reporting
Budget decisions are of primary concern for the City Council, City Management, the public, and various stakeholders. When considering the budget, staff presents updated projections for revenues and expenditures/expenses and the reports indicate whether prior estimates are tracking with the approved budget.
Additionally, the external annual financial reporting for local governments involves producing the Annual Comprehensive Financial Report (ACFR) which is audited and produced by an independent, third party CPA/auditor. Throughout the year, the following reports are to be presented to City Council.
1. The City’s accounting and financial reports are to be maintained in conformance with GAAP.
2. Long Range Financial Forecast
a. A Long Range Financial Forecast (LRFF) for the City’s General Fund will be presented to City Council as part of the development of the annual budget.
b. The LRFF provides a current and long-range financial assessment of revenues, expenditures, fund balance, and emergency reserves. The primary objective is to provide the City Council and the community with a financial forecast and identify any significant issues that may need to be addressed in the annual budget development process. c. The LRFF will consist of a baseline forecast, a recession forecast, and any other forecasts deemed necessary.
d. The LRFF is a ten-year forecast.
e. The LRFF will be updated as necessary throughout the fiscal year.
3. Internal Financial Reporting
a. Internal financial reports help City Council, the public, and management to monitor budgetary compliance on a timely basis. b. Internal financial reports often provide more detail on individual departments than does general purpose external financial reporting Agenda Item #9.6.
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(Section 4 below) and does not require an independent auditor review and audit.
c. Internal financial reporting for all funds are to be issued on a periodic and timely basis – no less than quarterly and no more than 30 days after the close of the period. The report will provide detailed information for the General, Water, and Wastewater Funds and summary information for all funds will be included as attachments to the report. The report will include a summary of all checks over $50,000 issued during that quarter.
d. An end of the fiscal year unaudited report will be issued no more than 60 days after the close of Q4 with end of year estimates for revenues and expenditures/expenses for all funds.
e. Periodic reports will compare the adopted budget (Original Budget), adjusted budget (Final Budget), and the year to date actuals (Actual Amounts).
4. External Financial Reporting - Annual Comprehensive Financial Report (ACFR) a. An annual financial audit will be performed by an independent public accounting firm familiar with municipal government activities. The independent auditor will issue an audit opinion to be included in the City’s Annual Comprehensive Financial Report (ACFR). Additionally, the ACFR and Independent Auditor’s Report on Internal Control over Financial Reporting and Compliance will be presented to the City Council.
b. The ACFR is a set of financial statements for a state, municipality, or other governmental entity that comply with the accounting requirements established by the Governmental Accounting Standards Board (GASB).
c. In addition to the General, Water, and Wastewater Funds, the City also accounts for activities in approximately 70 special revenue funds that account for monies received from external parties with restrictions on their respective uses. The audit process ensures that the purposes of the various funds were carried out and the relative authorities to spend were honored.
d. The external auditor prepares financial reports for each fund based on the requirements of the funding source and once all funds are audited, they are accounted for in the financial statements, combining schedules, and notes to the financial statements.
e. Unless extraneous circumstances occur, the City will rotate audit service providers every five years. If an auditor is being retained for longer than five years, the reason must be included in a staff report to City Council at the time of the contract execution or renewal.
Agenda Item #9.6.