California Department of Housing and Community Development 14 CDBG 2022 NOFA – April 6, 2022
A. Threshold Requirements
The following threshold requirements must be met at the time of application:
1. The Applicant must be an eligible nonentitlement jurisdiction.
2. The Applicant must demonstrate to the satisfaction of the Department that it is compliant with the financial management requirements of 2 CFR §200.
3. The Applicant must provide the Department with its most recent single audit (as submitted to the State Controller’s Office), if applicable. If the Applicant had or has single audit findings identified in the audit, they must include the remediation plan/agreement; the Applicant will be deemed ineligible for funding through the state CDBG program until the findings are resolved or a remediation plan or agreement is established. Any and all single audit findings are included in this evaluation.
This requirement is not limited to federal funds administered by the Department.
If an Applicant is not subject to single audit requirements, the Applicant is not required to submit an audit.
If an Applicant is not required to submit an annual single audit, they must provide certification that they are not required to submit.
4. Pursuant to 24 CFR §578.25, acceptable evidence of site control is a deed or lease. Absent a current deed or lease, an Applicant may use assessor’s parcel information to establish ownership for Applicant or subrecipient-owned sites. If grant funds will be used for acquisition, acceptable evidence of site control will be a purchase agreement. Site control must be maintained through the operation period of the Activity. Activities are expected to last one year.
5. Must have documented site control for that year. If site control is expected to expire during the open Activity period, the Applicant must document that either an alternative site will be made available or that the Activity operators intend to extend or renew the lease on the existing site.
6. Applicants must include the Jurisdiction name, initial all pages, sign, and submit the Certifications and Statement of Assurances (Appendix J) with their application to meet threshold. Please review the Statement and confirm compliance with each requirement. Failure to comply with the certifications and assurances may result in disqualification, recapture of federal funds, and debarment.
Agenda Item #8.1.
California Department of Housing and Community Development 15 CDBG 2022 NOFA – April 6, 2022
7. Pursuant to 24 CFR §570.486, applications must follow CDBG Public Participation regulations. Applicants must provide documentation that the Citizen Participation requirements have been met. Documentation must include proof of public noticing, information provided during the public hearing or public meeting, and public comments received during the public participation, including Jurisdiction responses to comments. Additional information about public participation requirements can be found in Appendix C.
8. The application includes a completed Authorizing Resolution using the required Department-approved Authorizing Resolution form and approved by the Applicant’s governing board. The Authorizing Resolution designates a person or persons responsible for, and authorized to, execute all documents related to the application of CDBG funds.
Please see Appendix D for instructions for completing the resolution along with a resolution form.
If a governing body must prepare a separate resolution concurrently that conforms to its local standard, it may do so in addition to preparing the resolution form provided by the Department. Applicants must submit their approved resolutions on the form provided by the Department by the application due date. The Department will NOT accept resolutions after this time.
9. Applicant must submit the required Government Agency Taxpayer ID (TIN) Form found in the Files tab of each program solicitation. Submitted TIN forms must include DUNS numbers and accurate payment information to be complete and must not have been signed more than one (1) year before submission.
10. CDBG budgets found in the Grants Network portal are required at application submission. Required budget information includes direct costs only. Direct costs for Activity, GA, Program Income, and ‘Other’, if applicable, must be completed and clearly identified. Do not include any information on indirect cost, match, or cost share.
11. In addition, Applicants are required to upload their Sources and Uses for all funds applicable to the CDBG Activity. The application will guide Applicants that are using multiple funding sources to finance their Activity to upload a comprehensive Activity Sources and Uses.
12. Based on the 50 percent rule, Applicants with one or more current and open CDBG Standard Agreements (SAs), for which the expenditure deadline established in the agreement(s) has not yet passed, shall be ineligible to apply for any additional Agenda Item #8.1.
California Department of Housing and Community Development 16 CDBG 2022 NOFA – April 6, 2022
CDBG funds for the same type of Activity(ies) included in those open CDBG SAs, unless the Applicant has expended at least 50 percent of CDBG funds previously awarded, including PI, for that Activity, or unless a waiver to the rule has been approved by the Department’s Director, as allowed at HSC §50833(f).
13.This includes PI only SAs approved for the same type of Activity(ies). For SAs awarded prior to 2018, Applicants will be required to provide their most recent Request for Funds and documentation to document compliance with the 50 percent rule requirement. For awards managed through Grants Network, a screenshot of the grand administration screen at the time of submittal of the application will work as documentation for compliance with the 50 percent rule.
14. Pursuant to 24 CFR Part 5, all CDBG Applicants are required to verify they and their principals, or any/all persons, contractors, consultants, businesses, subrecipients, etc., that are conducting business with the Applicant are not presently debarred, proposed for debarment, suspended, declared ineligible, or voluntarily excluded from participation in the covered transaction or in any proposal submitted in connection with the covered transaction. Applicants and their partners, contractors, consultants, and subrecipients must register with the System for Award Management (SAM) to do business with the U.S. government and have debarment checks that return a registration status of “Active” and “No Active Exclusion Records” under the Exclusion Summary.
15. The Department will not award any CDBG program funds to Applicants and Applicant partners, including contractors, subrecipients, and consultants that are debarred, suspended, proposed for debarment, and declared ineligible, voluntarily excluded from participation, or that are unregistered in SAM from federally assisted programs. Applicants are not required to perform debarment checks on individual Applicant or partner employees or individual persons unless that person is acting as a contractor, consultant, subrecipient, or program partner and will be receiving payment directly from CDBG funds. Debarment information must be complete to qualify.
16. The Applicant must demonstrate, to the satisfaction of the Department, that it is meeting the State Objectives as described in Appendix I.
17. Pursuant to the National Environmental Policy Act of 1969 (NEPA), Environmental Standards must be met. Applicant must demonstrate compliance by submission of fully complete, current, and applicable Environmental Review Record forms and supporting documentation. Required NEPA process, training, and current forms are available on the HUD Exchange under the ‘Formats’ option. Additional HUD guidance can be found at the Orientation to Environmental Reviews page also on the HUD Exchange.
Agenda Item #8.1.
California Department of Housing and Community Development 17 CDBG 2022 NOFA – April 6, 2022
18. NEPA Level of Review worksheet must include the Determination of Level of Review Worksheet.
19. If Applicants intend to use CDBG funding for GA Activities, a GA NEPA review will also be required at application submission, specifying the applicable exemption in 24 CFR §58.34(a).
20. For ED Business Assistance and CD housing assistance activities that operate as a program but, as per HUD, require site specific environmental reviews for NEPA clearance, only a GA NEPA review is required at application. Applicants using a Tiered Review process are strongly encouraged to submit their Tier 1 review at application.
ED APPLICATIONS ONLY
The Applicant must demonstrate capacity and experience to operate an ED Activity. Capacity and experience may be documented through one of the following commitments:
a. The Applicant has hired staff that are able to dedicate capacity to the operation of a CDBG-funded ED Activity.
These staff must have at least:
• Three years of CDBG ED experience; or
• Five years of commercial underwriting experience plus two years of general CDBG experience.
b. The Applicant has a draft contract or subrecipient agreement with a qualified consultant or nonprofit ED group with direct experience in CDBG ED implementation. The agreement must be fully executed, and a copy provided to the Department within 30 days of receipt of the Standard Agreement. Final contracts and/or subrecipient agreements must be with the same entities as proposed in draft at the time of the application.
Substitutions will invalidate the application and cancel the award.
The Applicant commits to partnering with the Small Business Development Centers or a similar organization that has direct experience in CDBG ED program design, implementation, and commercial underwriting. This commitment will be a resolution, memorandum of understanding, or similar formal statement and will be required at application.
Agenda Item #8.1.
California Department of Housing and Community Development 18 CDBG 2022 NOFA – April 6, 2022
B. Application and Activity Requirements
At time of application submission, all applications must comply with and provide documentation of HUD’s federal cross cutting requirements found at 24 CFR §570.600, et seq, and summarized in section X Federal Program Requirements of this NOFA, and state overlays.
State overlay areas are as follows:
1. Application verification
Applicants must certify upon submission that their application is true and correct to the best of their knowledge: the required application input fields, attachment uploads, and budgets. Selecting an input field or uploading a blank document to circumvent the application requirements invalidates the application certification and will result in immediate disqualification. Applicants that intentionally input false information or that intentionally upload blank documents will have their good standing with the Department revoked and may be determined to be ineligible for other Department funding. Intentionally providing false information is fraud.
Applicants that rely on consultants or grant writers to prepare the CDBG application are strongly encouraged to review the application for completeness and correctness prior to submittal. It is also strongly encouraged to give plenty of time for submitting prior to the cutoff date and at least several hours prior to the cutoff time.
If an input field, upload requirement, or application component is not functioning correctly, or if there are system outages or other system failures prior to submittal, please contact [email protected] as soon as possible prior to the cutoff time to document the issue so that applications are not disqualified due to technical difficulties. Failure to contact the Department with system issues will not exempt Applicants from application verification requirements.
2. Gap funding and duplication of benefits
CDBG is intended to provide stop-gap funding for crucial infrastructure, public safety, housing, and social service projects. CDBG funds may not be obligated to Activities that are documented to already have sufficient funding for the Activity as described, or that have identified multiple funding sources for the same costs, resulting in a duplication of benefits and overfunding of the Activity. CDBG funds must be “but-for” funding for every Activity and may not be used to supplant local Agenda Item #8.1.
California Department of Housing and Community Development 19 CDBG 2022 NOFA – April 6, 2022
or state resources. CDBG grant funds cannot be used to replace funds that have been budgeted and/or expended from another funding source for the same Activity. Pre-agreement costs are eligible provided that the initial funding for those costs is identified as a temporary funding source (such as a loan from a local fund wherein the loan is float funding the CDBG Activity pre-agreement costs but must be repaid so that the temporary loaned funds may be used as originally intended) and that the costs are budgeted to be part of the CDBG Activity.
3. Good standing
The Applicant, and any co-Applicant, together with all respective affiliates, must be in good standing with the Department (i.e., are current on all loan and/or grant obligations, have a satisfactory past performance history in all their prior dealings with the Department, and are in full compliance with all Department contracts and reporting requirements). Applicants not meeting the foregoing requirements shall be ineligible to apply for or receive funding under this NOFA.
4. Article XXXIV
Applicants engaging in low-income housing project activities that are subject to Article XXXIV of the California Constitution must show that the project approval process complies with Article XXXIV requirements. The state statutes implementing Article XXXIV can be found at HSC §37000. Exceptions to Article XXXIV can be found at HSC §37001.
5. Racial equity
Applicants should prioritize the advancement of racial equity in all CDBG programs and across systems and units of government in the Jurisdiction. The Department asks Applicants to be leaders in the community, facilitating partnerships among service organizations, housing providers, units of government, businesses, the homelessness response system, and other partners to promote racial equity practices.
All Applicants must identify the work performed to ensure racial equity in access to programs, projects, and activities funded with CDBG resources. Applicants must commit to analyzing disproportionality in access to housing, access to services, quality of service provision, and desired outcomes in Programs and Projects and affirmatively further equitable access, quality of service provision and outcomes for protected classes, including but not limited to Black, Native and Indigenous, Latino/Latina/ Latinx, Asian, Pacific Islanders, and other people of color who have been historically marginalized and are disproportionately impacted by housing segregation, poverty, and homelessness.
Agenda Item #8.1.
California Department of Housing and Community Development 20 CDBG 2022 NOFA – April 6, 2022
Applicants cannot simply rely on delivering a standardization of services to address equity. Applicants must commit to reviewing their current policies and procedures and examining available data to ensure all eligible persons receive equitable services, and support, and are served with dignity, respect, and compassion regardless of circumstances, ability, or identity. See Appendix N for Racial Equity Resources and Tools.
When applying for 2022 CDBG funds, Applicants should consider:
• What are the community’s racial demographics and the demographics of those experiencing homelessness, housing, and economic insecurity? • What are the outcomes of the CDBG programs based on race? What are the requirements for all sub-grantees to look at data to determine racial disparities and then put a plan in place to address them? • How do underserved and marginalized communities learn about and access the CDBG program? What marketing and communication strategies are used to increase equitable access to CDBG programming?
• How does the grant-making process include prioritization for programs that are addressing the disproportionate impacts that housing insecurity, homelessness, economic insecurity, lack of access to equitable health care, and COVID-19 has on communities of color, particularly Black, Latinx, Asian, Pacific Islander, and Native and Indigenous communities? • How are the voices of Black, Latinx, Asian, Pacific Islander, and Native and Indigenous communities and those having lived with the experience of housing insecurity, homelessness and economic insecurity being centered in a meaningful, sustained way in creating effective approaches to addressing these challenges? How are they involved in the funding decision-making process?
• How are these funds accessible to smaller and non-traditional organizations that have historically been serving communities of color but may not have previously participated formally in government grant programs? How would these funds address the capacity of organizations that are led by Black, Latinx, Asian, Pacific Islander, and Native and Indigenous people? • Provide a list of partner organizations that are addressing racial equity in the housing and homeless response system, the ED sector, and the health care sector and describe how you partner with them.
The Department will require Applicants to submit related racial and ethnic data metrics of their CDBG programming on a quarterly reporting basis.
Agenda Item #8.1.
California Department of Housing and Community Development 21 CDBG 2022 NOFA – April 6, 2022
V. Application Review
All applications that pass threshold will be reviewed for Activity eligibility. Activities that do not meet program eligibility requirements will be disqualified.
The Department reserves the right, at its sole discretion, to suspend, amend, or modify the provisions of this NOFA at any time, including, without limitation, the amount of funds available hereunder. This includes, but is not limited to, authorizing an increase in funding to any Applicant after the Department makes an award under this NOFA.
Qualifying competitive applications will be scored according to the evaluation criteria outlined in the application under the Readiness Section. Scores include two components:
A. Needs score
Needs score use publicly available data from the U.S. Census Bureau's American Community Survey to measure poverty, housing, and ED needs. These statistics are used to rank all eligible Non-Entitlement Jurisdictions and the rankings are translated into numeric scores. Need scores summarize the severity of a community's need for a specific Activity relative to other communities. The Department prepares the need scores and will provide the scores as Appendix A to this NOFA.
B. Activity readiness
Activity readiness is an indicator of Applicant preparedness for Activity implementation.
Applicants are expected to have necessary contracts and subrecipient agreements in place at the time of application submittal. Fully executed contracts and agreements will score higher than draft contracts and agreements. Applicants that will not be using contracts or subrecipient providers to carry out the Activity and will instead use Applicant staff must clearly document that staff have the experience and capacity necessary to successfully complete the Activity. Documentation will include position description(s) for the identified staff, resumes, or Curriculum Vitae for each staff person involved in the implementation of the Activity, organizational chart, and estimated workload.
Applications will be ranked based on highest score. Applicants will be notified of their point score, and the Final Point Score and Awardee List will be posted to the CDBG webpage.
Agenda Item #8.1.
California Department of Housing and Community Development 22 CDBG 2022 NOFA – April 6, 2022
VI. Award Recommendations
Applications that are eligible, complete, and that satisfy readiness requirements may be recommended for funding. Applicants recommended for award will officially be notified of awards through the eCivis Grants Network. The award notification will include instructions for accepting or declining the award, as well as an executable Standard Agreement. Applicants that are not recommended for awards or that fail threshold will be officially notified via email that their application was not awarded or failed to pass threshold. The Final Award List will be posted on the CDBG webpage.
Applicants may request a copy of their application reviews after the review has been completed and the Applicant has been notified of the results.
VII. Application Submission
A. Workshops
The Department is conducting a series of application workshops that began in January 2022. These workshops will include training on:
• Resolutions: What is required and why
• How to complete the correct level of Environmental Review • How to pull a debarment check
• How to complete the eCivis Budget
• How to pick the correct National Objective
• How to pick the correct Matrix Code
• How to write a narrative
• How to address racial equity in your CDBG funded projects and programs • How to complete the 2022 NOFA Application
• 2022 NOFA review
Applicants are strongly encouraged to attend these virtual workshop sessions. If they are unable to attend the virtual workshop, Applicants are strongly encouraged to review these workshops on the CDBG website. This website also provides Training and Technical Assistance materials on the CDBG program, the CDBG Redesign, using Grants Network, and preparing a CDBG program application in Grants Network.
Please visit the Department’s website for upcoming information.
B.Submission Process
Applicants must follow instructions in this NOFA, the online application, and the CDBG program Guidelines. The Department strongly encourages Applicants to have Agenda Item #8.1.
California Department of Housing and Community Development 23 CDBG 2022 NOFA – April 6, 2022
all required documents on hand when completing the application. Failure to follow instructions and submit all required documentation will result in disqualification. Once submitted, applications must stand on their own. It is the Applicant’s responsibility to ensure that the submitted application is clear, complete, and accurate. Department staff may request clarifying information but are unable to accept any new documentation that would provide an unfair advantage over other applications. It is strongly recommended that all documents be reviewed and saved to their own electronic files PRIOR to submission.
The CDBG Application and all required attachments must be submitted to the Department through the eCivis Grants Network Portal. Applicants must certify that all information is true and complete to the best of their knowledge, under penalty of perjury Per 83 FR 5848 “Any person who knowingly makes a false claim or statement to HUD may be subject to civil or criminal penalties under 18 U.S.C. §287, 1001 and 31 U.S.C. §3729.’’
Applicants that do not have an account with eCivis should log into the eCivis portal.
Use the “Create an account” option to initiate a profile. See the available training onthe CDBG webpage to learn how to open an account. There is no cost associated with an eCivis account.
C. Applicant Responsibility
It is the duty and responsibility of each Applicant to review the provisions, requirements, and limitations of all funding sources applied for and obtained for a particular project, program, or activity in order to ensure that each and every requirement of those funding sources is compatible with all Department program requirements and restrictions. Incompatibility of funding sources will result in the denial or cancellation of an award, or may result in the placement of conditions or limitations on an award, all as determined by Department in its sole and absolute discretion.
D. Disclosure of application
Information provided in the Application will become public record available for review by the public pursuant to the California Public Records Act (GC §6250, et. seq). As such, the Department may disclose any materials provided by the Applicant to any person making a request under this Act. The Department cautions Applicants to use discretion in providing information not specifically requested, including, but not limited to, bank account numbers, personal phone numbers, home addresses, or other personally identifying information. By providing this information to the Department, the Applicant is waiving any claims of confidentiality, and consents to the Department’s disclosure of the Applicant’s material upon receipt of a Public Records Act request.
Agenda Item #8.1.
California Department of Housing and Community Development 24 CDBG 2022 NOFA – April 6, 2022
VIII. Appeal Criteria and Process
A. Appeal process and deadlines
In order to lodge an appeal, Applicants must submit to the Department a written appeal by the filing deadline set forth below, which states all relevant facts, arguments, and evidence upon which the appeal is based. Furthermore, the Applicant must provide a detailed reference to the area(s) of the Application that provide clarification and substantiation for the basis of the appeal. No new or additional information will be accepted if this information would result in a competitive advantage to an Applicant. Once the written appeal is submitted to the Department, no further information or materials will be accepted or considered thereafter.
All Appeals must be submitted to the Department via email at [email protected],
PLEASE do not send Appeals to Department staff directly.
Emails to the email address listed above will be accepted so long as the email time stamp is prior to the appeal deadline.
Filing Deadline: Appeals must be received by the Department no later than ten (10) business days from the date the Department notifies the Applicant that their application has failed to meet eligibility, threshold, or has failed to score high enough in readiness to qualify for award. Late appeals will not be reviewed.
B. Appeal decisions
It is the Department’s intent to render its decision in writing within fifteen (15) business days of receipt of the Applicant’s written appeal. All decisions rendered shall be final, binding, and conclusive, and shall constitute the final action of the Department with respect to the appeal.
C. Effectiveness
If the applicable statutes and/or Guidelines governing the CDBG program contain an existing process for appealing decisions of the Department with respect to NOFA awards, then this section shall be inapplicable, and such existing authority shall govern all appeals.
Agenda Item #8.1.
California Department of Housing and Community Development 25 CDBG 2022 NOFA – April 6, 2022
IX. Awards announcement and grant implementation
A. Awards announcements
The Department anticipates awards will be announced no later than September 2022.
OTC awards will be announced as applications are approved for funding. Until awards are announced, the CDBG staff will not be able to discuss applications or the status of applications.
Within 60 days from the award announcement date, unsuccessful Applicants will have the opportunity to request an interview with Department staff to discuss their application. Applications and agreements are public information and are available for reviewupon request.
B. Standard Agreements
Successful Applicants (awardees) will enter into a Standard Agreement with the Department. A draft sample Standard Agreement is included as Appendix K to this NOFA. The Standard Agreement contains all the relevant state and federal requirements, Activity performance and management requirements, and disbursement requirements. A condition of award will be that a Standard Agreement must be executed by the awardee within 30 days (contracting period) of the awardee’s receipt of the Standard Agreement(s). Failure to execute and return the Standard Agreement(s) to the Department within the contracting period will result in award cancellation. Award cancellations are final.
In order to ensure that the Standard Agreements are being sent to the correct individual, Applicants MUST complete ALL required sections of the profile section of the application.
X. Federal program requirements
A. Federal Cross-Cutting Requirements
The CDBG program is administered under the rules and regulations promulgated primarily in 24 CFR §570.600, et seq. These primary regulations are known as the federal cross-cutting requirements and form the basis of the programmatic requirements. The Department incorporates all federal cross-cutting requirements into the state CDBG program, and the regulations in Part 570 are translated into required actions on the part of all Grantees of the state CDBG program.
Agenda Item #8.1.
California Department of Housing and Community Development 26 CDBG 2022 NOFA – April 6, 2022
This following is a summary of the federal cross-cutting requirements:
• Environmental Standards (based on National Environmental Policy Act of 1969 [NEPA])
• Labor Standards (Davis-Bacon and related laws)
• Achieving a HUD National Objective
• Public participation requirements
• Fair Housing and Affirmatively Furthering Fair Housing • Equal Opportunity and Non-Discrimination in federal Grant Programs • Federal Procurement Guidelines
• National Flood Insurance Program compliance
• Relocation and displacement requirements
• Employment and Contracting Opportunities Section 3 Compliance • Lead-based paint requirements
• No use of debarred, ineligible, or suspended contractors or sub-recipients • Uniform Administrative Requirements and Cost Principles • Conflict of interest prohibitions
• Compliance with the Architectural Barriers Act and the Americans with Disabilities Act
• Compliance with Eligibility Restrictions for certain resident aliens • Federal reporting requirements
• Grant and subrecipient monitoring requirements
B. Relocation plan requirement
Applicants engaging in project-specific activities that may or will cause the temporary or permanent relocation and displacement of persons, property, or businesses must provide a project-specific relocation plan as part of the application. The plan must meet the standards established in the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA). Applicants must successfully demonstrate that they have met URA requirements prior to the start of the project or displacement Activity. Applicants should include relocation costs in project budgets.
Applicants must provide General Information Notices to persons who may be displaced if the Activity in the grant application is funded. This plan must outline how the Grantee will enforce and manage the project’s temporary relocation and displacement activities and estimate what relocation benefits will be required so those costs can be included in the project’s development budget.
Agenda Item #8.1.
California Department of Housing and Community Development 27 CDBG 2022 NOFA – April 6, 2022
C. Procurement
Pursuant to 24 CFR §570.489(g), all Grantees must comply with federal procurement requirements. The Department will review the Grantee’s procurement documents for services (i.e., administrative sub-contractor, DavisBacon consultant, etc.) at time of monitoring or upon request.
Requirements for federal procurement can be found at 2 CFR §200.317-326.
Applicants are responsible for meeting all federal procurement standards for goods and services funded through federal programs. Failure to meet procurement requirements may result in disqualification, recapture of federal funds, and debarment.
D. False, Fictitious or Fraudulent Claims
Warning: Any person who knowingly makes a false claim or statement to HUD or the Department may be subject to civil or criminal penalties under 18 U.S.C. §287, 1001 and 31 U.S.C. §3729.
E. Detecting, Preventing, and Reporting Fraud
Fraud is a white-collar crime that has a devastating effect on the CDBG program because the CDBG program beneficiaries are victims of this crime when the CDBG program is abused. The Department wants to stop any criminal assault on the CDBG program it administers, and in doing so all CDBG funds go to people it was designed to help and improve their living conditions.
F. Combatting Fraud
The HUD Office of Inspector General (OIG) is committed to protecting HUD’s programs, operations, and beneficiaries from dishonest individuals and organizations.
HUD cannot combat fraud alone; they rely on Department and CDBG NOFA Applicants to combat CDBG program fraud.
HUD also relies on Applicants for, and people receiving, HUD benefits, such as:
tenants receiving rental assistance, borrowers with HUD insured loans, or citizens having their communities restored using HUD grants.
Agenda Item #8.1.
California Department of Housing and Community Development 28 CDBG 2022 NOFA – April 6, 2022
The HUD OIG Hotline number is 1-800-347-3735. This is the primary means to submit allegations of fraud, waste, abuse, mismanagement, or Whistleblower related matters for the CDBG program to the OIG.
HUD OIG accepts reports of fraud, waste, abuse, or mismanagement in the CDBG program from HUD employees, anyone administering the CDGB program, anyone working in the CDBG program, contractors, and the public.
You can report mismanagement or violations of law, rules, or regulations by HUD employees or program participants.
Fraud, Waste and Abuse in the CDBG program and its operation may be reported in one of the following four (4) ways:
1. By email to: [email protected]
2. By phone: Call toll free: 1-800-347-3735
3. By fax: 202-708-4829
4. By mail: - Department of Housing & Urban Development Office of Inspector General Hotline Manager
400 Virginia Avenue, SW, Suite 120
Washington, DC 20024
Agenda Item #8.1.
FY22 NOFA Potential CDBG Projects
Maximum Funding $1,500,000
1. Housing Assistance - Housing Rehabilitation Program (maximum grant amount up to $500,000): The funding will be used to continue the Owner-Occupied Rehabilitation (OOR) Program to assist low-income homeowners whose primary residence is in need of repairs, improvements, or reconstruction necessary to meet federal, state or local building codes and for correction of all health and safety deficiencies. The program would be managed in collaboration with the Napa Housing Authority.
2. Planning and Technical Assistance (maximum grant amount up to $250,000): The funding will be used to conduct a sites feasibility analysis to compare various properties in the City for their affordable housing development potential.
3. Public Services - Rental Subsistence Program (maximum grant amount up to $500,000): The City would partner would UpValley Family Centers to identify low-to-moderate-income households that are in need of rental assistance.
4. Economic Development (proposed grant amount of $500,000): Sewer Lateral Replacement Project associated with Downtown Streetscape.
Agenda Item #8.1.
Report to the City Council
Regular City Council - 24 May 2022
Agenda Section: PUBLIC HEARINGS
Subject: Consideration and Proposed approval of a Resolution adopting Saint Helena Police Department Policy 707 "Military Equipment" as required by AB148 for the Funding,
Acquisition, and Use of Military Equipment
CEQA
Determination:
Not a CEQA project
Prepared By: Chris Hartley, Chief of Police
Reviewed By: April Mitts, Administrative Services Director Approved By: James C. McCann, Interim City Manager
BACKGROUND
On September 30, 2021 Governor Newsom signed into law Assembly Bill 481, relating to the approval, funding, acquisition, and use of "military equipment" by law enforcement agencies. California Government Code section 7071 requires a law enforcement agency's military equipment policy, which includes the type of "military equipment" the department currently possesses or may acquire and use, be approved by the governing body (City Council).
DISCUSSION
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code 7070; Government Code 7071 and Government Code 7072). The proposed Policy being presented is attachment 2 to this staff report. It is important to understand that what is defined as "military equipment" by the California State Legislation is not related to whether or not the equipment was acquired through military sources. The Saint Helena Police Department does not possess nor use any equipment specifically designed for military use as defined in Government Code 7070 (c), nor has the department acquired any equipment through a military surplus program, commonly known as "1033 Program (10 USC 2576(a).
Agenda Item #8.2.
FISCAL IMPACT
None
RECOMMENDED ACTION
Recommend Approval of a Resolution Adopting the Saint Helena Police Department Policy 707 "Military Equipment".
ATTACHMENTS
Attachment 1 - Policy 707 Public Hearing Notice
Attachment 2 - St. Helena Police Department Military Equipment 707 Policy Attachment 3 - Assembly Bill No. 481
Attachment 4 - AB481 Resolution Military Equipment
Attachment 5 - Presentation
Agenda Item #8.2.
CITY OF ST. HELENA
CITY COUNCIL PUBLIC HEARING NOTICE
On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the approval, funding, acquisition, and use of "military equipment" by law enforcement agencies. California Government Code section 7071 requires a law enforcement agency's military equipment policy, which includes the type of "military equipment" the department currently possesses or may acquire and use, be approved by the governing body (City Council). This section also requires the Saint Helena Police Department to post on the department website the proposed military equipment policy at least 30 days prior to the policy being presented to the City Council for approval.
Staff will present the Saint Helena Police Department Military Equipment Policy (Lexipol Policy 709) to the City Council for consideration on May 24, 2022, at a regular scheduled meeting beginning at 6:00 p.m., or soon thereafter. The policy being presented can be found on the preceding pages of this communication. It is important to understand that what is defined as "military equipment" by the California State Legislature is not related to whether or not the equipment was acquired through military sources. The Saint Helena Police Department does not possess or use any equipment specifically designed for military use as defined in Government Code section 7070 (c), nor has the department acquired any equipment through a military surplus program, commonly known as the "1033 Program" (10 USC 2576a).
Copies of agendas and staff reports are available on the Friday afternoon immediately preceding the hearing the City’s website at cityofsthelena.org. Public comment for City Council meetings will be accepted via email to [email protected]. All public comments must be emailed by 3:00 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. Please see the end of the City Council agenda for detailed PUBLIC PARTICIPATION instructions.
Community members having questions regarding this policy to contact Chief Chris Hartley [email protected] or by calling 707-967-2850. Chief Hartley welcomes your comments and inquiries about the policy on Military Equipment and conformance with the new legislation on the approval, acquiring, possession, use, and reporting of military equipment defined in Government Code section 7070.
Chris Hartley, Chief of Police
April 12, 2022
Agenda Item #8.2.
St. Helena Police Department
St Helena PD Policy Manual
Military Equipment
707.1 PURPOSE AND SCOPE
State
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
707.1.1 DEFINITIONS
De?nitions related to this policy include (Government Code § 7070):
Governing body — The elected or appointed body that oversees the Department.
Military equipment — Includes but is not limitedto the following:
Copyn'ghlLexlpo| LLC2022/05/17 A R ht R Published with permission by St Hele a D Unmanned, remotely piloted, powered aerial or ground vehicles.
Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.
High mobility multipurpose wheeled vehicles (HMMWV),two-and-one-half-ton trucks, ?ve-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.
Tracked armored vehicles that provide ballistic protection to their occupants.
Command and control vehicles that are either built or modi?ed to facilitate the operational control and direction of public safety units.
Weaponized aircraft, vessels, or vehicles of any kind.
Battering rams, slugs. and breaching apparatuses that are explosive in nature. This Firearms and ammunition .50 caliber or greater, excluding standard—issue shotguns and standard-issue shotgun ammunition. Specialized ?rearms and ammunition of less than .50 caliber, including ?rearms and accessories identi?ed as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard—issue ?rearms. Any ?rearm or ?rearm accessory that is designed to launch explosive projectiles. Noise-?ash diversionary devices and explosive breaching tools. Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray. TASER® Shockwave microwave weapons water cannons, and long-range acoustic devices (LRADs). Kinetic energy weapons and munitions. Any other equipment as determined by a govern ng body or a state agency to require additional oversight. ***DRAFT*** Military Equipment - 1
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Agenda Item #8.2.
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St. Helena Police Department
St Helena PD Policy Manual
MilitaryEquipment
707.2 POLICY
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It is the policy of the St. Helena Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to militaryequipment. 707.3 MILITARYEQUIPMENT COORDINATOR
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The Chief of Police should designate a member of this department to act as the militaryequipment coordinator. The responsibilities of the militaryequipment coordinator include but are not limitedto:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that quali?es as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of St. Helena Police Department (Government Code § 7071). (e) Preparing for, scheduling. and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the department's funding. acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government (g) Establishing the procedure for a person to register a complaint or concern.or how that person may submit a question about the use of a type of military equipment, and how the Department willrespond in a timely manner. 707.4 MILITARYEQUIPMENT INVENTORY state Iuroorsieil The following constitutes a list of qualifying equipment for the Department: Currently the Saint Helena Police Department does not use, possess, or allocate funds for the listed MilitaryEquipment per (Government Code § 7070). 707.5 APPROVAL IE] MODIFIED The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed militaryequipment policy is Copyright Lexlpul, LLC2022/05/17, AllRights Reserved tact Tkti Mima E ui mam_ 2 Published with permission by St. Helena Police Department ry q p Agenda Item #8.2.
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MilitaryEquipment
submittedto the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071 ). The militaryequipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting militaryequipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limitedto applying for a grant, solicitingor accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring militaryequipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of militaryequipment within the jurisdiction of this department. (e) Using any new or existing militaryequipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring militaryequipment through any means not provided above. 707.6 COORDINATION WITHOTHER JURISDICTIONS
state Militaryequipment should not be used by any other law enforcement agency or member in this jurisdiction unless the militaryequipment is approved for use in accordance with this policy. governing body in accordance with (Government Code § 7071). 707.7 ANNUAL REPORT Upon approval of a militaryequipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved withinone year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072). The Chief of Police or the authorized designee should also make each annual militaryequipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of militaryequipment in department inventory.
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Agenda Item #8.2.
Assembly Bill No. 481
CHAPTER 406
An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment. [Approved by Governor September 30, 2021. Filed with
Secretary of State September 30, 2021.]
legislative counsel’s digest
AB 481, Chiu. Law enforcement and state agencies: military equipment:
funding, acquisition, and use.
Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessary to the execution of its powers and duties as the state agency for the distribution of federal personal surplus property, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delivery of purchases before payment, or which prevents the local agency from bidding on federal surplus property.
Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency.
This bill would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the military equipment does not comply with the above-described standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing
92 Agenda Item #8.2.
additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.
This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agency’s internet website, and provide a copy of the policy to the Governor or the Governor’s designee, as specified. The bill would also require a state agency that seeks to continue use of military equipment acquired prior to January 1, 2022, to create a military equipment use policy.
This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
By adding to the duties of local officials with respect to the funding, acquisition, and use of military equipment, this bill would impose a state-mandated local program.
The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:
(a) The acquisition of military equipment and its deployment in our communities adversely impacts the public’s safety and welfare, including increased risk of civilian deaths, significant risks to civil rights, civil liberties, and physical and psychological well-being, and incurment of significant financial costs. Military equipment is more frequently deployed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities.
(b) The public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment.
(c) Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input.
92 Ch. 406 — 2 —
Agenda Item #8.2.
(d) Legally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.
(e) The lack of a public forum to discuss the acquisition of military equipment jeopardizes the relationship police have with the community, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service.
SEC. 2. Chapter 12.8 (commencing with Section 7070) is added to Division 7 of Title 1 of the Government Code, to read:
Chapter 12.8. Funding, Acquisition, and Use of Military Equipment
7070. For purposes of this chapter, the following definitions shall apply:
(a) “Governing body” means the elected body that oversees a law enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a law enforcement agency of a county, including a sheriff’s department or a district attorney’s office, “governing body” means the board of supervisors of the county.
(b) “Law enforcement agency” means any of the following:
(1) A police department, including the police department of a transit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges. (2) A sheriff’s department.
(3) A district attorney’s office.
(4) A county probation department.
(c) “Military equipment” means the following:
(1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
(3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
(4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. (5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. (6) Weaponized aircraft, vessels, or vehicles of any kind. (7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, 92 — 3 — Ch. 406
Agenda Item #8.2.
or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
(8) Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
(9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision. (10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. (11) Any firearm or firearm accessory that is designed to launch explosive projectiles.
(12) “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.
(13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
(14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
(15) Any other equipment as determined by a governing body or a state agency to require additional oversight.
(16) Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
(d) “Military equipment use policy” means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
(1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
(2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment. (3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
(4) The legal and procedural rules that govern each authorized use. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
(6) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight 92 Ch. 406 — 4 —
Agenda Item #8.2.
authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
(7) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
(e) “State agency” means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution. (f) “Type” means each item that shares the same manufacturer model number.
7071. (a) (1) A law enforcement agency shall obtain approval of the governing body, by an ordinance adopting a military equipment use policy at a regular meeting of the governing body held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M.
Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:
(A) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(B) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (C) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(D) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(E) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(F) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment. (G) Acquiring military equipment through any means not provided by this paragraph.
(2) No later than May 1, 2022, a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall commence a governing body approval process in accordance with this section. If the governing body does not approve the continuing use of military equipment, including by adoption pursuant to this subdivision of a military equipment use policy submitted pursuant to subdivision (b), within 180 days of submission of the proposed military equipment use policy to the governing body, the law enforcement agency shall cease its use of 92 — 5 — Ch. 406
Agenda Item #8.2.
the military equipment until it receives the approval of the governing body in accordance with this section.
(b) In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed military equipment use policy to the governing body and make those documents available on the law enforcement agency’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue. (c) The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(d) (1) The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (B) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. (C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
(D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. (2) In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use.
(e) (1) The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M.
Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(2) The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the standards for approval set forth in subdivision (d). If the governing body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications 92 Ch. 406 — 6 —
Agenda Item #8.2.
to the military equipment use policy in a manner that will resolve the lack of compliance.
(f) Notwithstanding subdivisions (a) to (e), inclusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a military equipment use policy based on local community needs.
7072. (a) A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1) A summary of how the military equipment was used and the purpose of its use.
(2) A summary of any complaints or concerns received concerning the military equipment.
(3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
(5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
(b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment. 7073. (a) A state agency shall create a military equipment use policy prior to engaging in any of the following:
(1) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(2) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (3) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
92 — 7 — Ch. 406
Agenda Item #8.2.
(4) Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(5) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment. (7) Acquiring military equipment through any means not provided by this subdivision.
(b) No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a military equipment use policy.
(c) A state agency that is required to create a military equipment use policy pursuant to this section shall do both of the following within 180 days of completing the policy:
(1) Publish the military equipment use policy on the agency’s internet website.
(2) Provide a copy of the military equipment use policy to the Governor or the Governor’s designee.
7074. The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city, county, or city and county. 7075. Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.
SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:
Requiring local agencies to hold public meetings prior to the acquisition of military equipment further exposes that activity to public scrutiny and enhances public access to information concerning the conduct of the people’s business.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would 92 Ch. 406 — 8 —
Agenda Item #8.2.
result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.
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92 — 9 — Ch. 406
Agenda Item #8.2.
CITY OF ST. HELENA
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. HELENA APPROVING ST. HELENA POLICE DEPARTMENT POLICY 707 “ACQUISITION AND USE OF MILITARY EQUIPMENT”
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies; and
WHEREAS, Assembly Bill 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body prior to taking certain actions relating to the funding, acquisition, solicitation, or use of military equipment; and
WHEREAS, Assembly Bill 481, requires that the approval by the governing body be by an ordinance adopting a military equipment use policy, at a regular meeting held pursuant to open meeting laws; and
WHEREAS, Assembly Bill 481 allows the governing body of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations with respect to a military equipment use policy; and WHEREAS, a draft of the St. Helena Police Department Policy 707 “Military Equipment” was published on the Department’s internet website, and provided to the City Council at least 30 days prior to public hearing in accordance with requirements of Government Code section 7071; and
WHEREAS, the St. Helena Police Department’s Lexipol Policy 707 “Military Equipment” meets the requirements of California Government Code section 7070, subdivision (d); and
WHEREAS, the St. Helena Police Department currently does not does not use, possess, or has allocated funds for military equipment as defined in Government Code section 7070(c); and
WHEREAS, Policy 707 “Military Equipment” will safeguard the public’s welfare, safety, civil rights, and civil liberties should the St. Helena Police Department request the procurement, use, or allocation of funds to acquire “Military Equipment”; and WHEREAS, no prior military use policy has existed in the City of St. Helena that was applicable to the use of military equipment, and the adoption of such policy shall serve to secure future compliance.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ST. HELENA DOES ORDAIN AS FOLLOWS:
Agenda Item #8.2.
Section 1. Recitals. The City Council of the City of St. Helena does hereby find the above referenced recitals are true and correct and material to the adoption of this resolution.
Section 2. Purpose and Authority. The purpose of this resolution is to establish the regulations pertaining to the police department’s approval, acquisition, and reporting requirements of military equipment required AB 481, signed into law on September 30, 2021.
Section 3. Approval of Military Equipment Policy. The City Council hereby adopts and approves the St. Helena Police Department Policy 707 “Military Equipment” as set forth in Exhibit A attached hereto.
Section 4. Environmental Determination. The City Council finds that adoption of this resolution and St. Helena Police Department Policy 707 are exempt from the provisions of the California Environmental Quality Act (“CEQA”) because they will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as defined in Section 15378 of the CEQA Guidelines.
Section 5. Severability. If any section, subsection, sentence, clause or phrase of the policy is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the policy. The City Council hereby declares that it should adopt the policy and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentence, clauses or phrases be declared unconstitutional.
Section 6. Publication. The City Clerk is hereby ordered and directed to certify to the passage of this resolution by the City Council of the City of St. Helena, California.
Section 7. Effective Date. This resolution shall be in full force and effective upon its adoption.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of St.
Helena, California, held on the 24th day of May 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 #8.2.
APPROVED: ATTEST:
______________________ ________________________
Geoff Ellsworth, Mayor Cindy Tzafopoulos, City Clerk
Agenda Item #8.2.
AB 481
Military
Equipment
The purpose of this policy is to provide
guidelines for the approval, acquisition, and
reporting requirements of military equipment
(Government Code § 7070; Government Code §
7071;Government Code § 7072).
Agenda Item #8.2.
Governing body – The elected or appointed body that oversees the Department.
Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
Weaponized aircraft, vessels, or vehicles of any kind.
Definitions (Government Code § 7070)
Agenda Item #8.2.
Military Equipment continued
• Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram. • Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition. • Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code §30515, except for standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld • pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic • devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
Agenda Item #8.2.
Government Codes § 7070 and § 7071
Government Code § 7070: The following constitutes a list of qualifying equipment for the Department (Currently the Saint Helena Police Department does not use, possess, or allocate funds for the listed Military Equipment per (Government Code § 7070)).
Government Code § 7071: The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. (d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body. (f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above.
Agenda Item #8.2.
Government Code § 7072
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use.
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071).
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy.
Outside agencies responding to this jurisdiction as mutual aid per the request of the Saint Helena Police Department shall adhere to their approved policy as approved by, the responding agencies governing body in accordance with (Government Code § 7071).
Agenda Item #8.2.
Report to the City Council
Regular City Council - 24 May 2022
Agenda Section: OLD BUSINESS
Subject: Discussion and Appointment of Candidates to the Water and Wastewater Rate Study Advisory Committee.
CEQA
Determination:
Not a CEQA project
Prepared By: Cindy Tzafopoulos, City Clerk
Reviewed By: April Mitts, Administrative Services Director Approved By: James C. McCann, Interim City Manager
BACKGROUND
At the May 10, 2022 City Council meeting staff was directed to perform a recruitment for the Water and Wastewater Rate Study Customer Advisory Committee that would consist of representative group of stakeholders from the community appointed to provide comments and advice on the elements of the study and resulting rate structure. The committee will meet on a regular schedule during the rate study to develop a detailed knowledge of the project and to share their relative perspectives, ideas, concerns, and interests. The committee will work to identify areas of common ground and/or consensus to develop recommendations.
Responsibilities of the Water and Wastewater Rate Study Customer Advisory Committee include:
• Reviewing and confirming financing assumptions and options presented by staff and the consultant for CIP projects in the first five years of the Rate Study, giving due consideration to project prioritization (immediate need, number, and estimated cost) and the proper balance of using cash versus debt. • Reviewing and confirming significant financial assumptions in the Study, such as reserves, adequacy of sinking funds, and designated and undesignated fund balances in accordance with generally accepted municipal financial principles. • Review findings and recommendations to ensure equitable allocation of costs related to industrial, commercial, and residential users, rate models, and Agenda Item #9.1.
recommend appropriate rates and changes with consideration given to location, setting, special demands or unique conditions.
DISCUSSION
The recruitment for the Water and Wastewater Rate Study Customer Advisory Committee will conclude on May 20, 2022 at 5:00 pm. At the time of the May 24, 2022 City Council agenda publication the following applications were received:
1. Arlene Corsetti
2. Peter McCrea
3. Walter Nirenberg
4. Garry Rose
5. Kelly Wheaton
6. Mario Trinchero
7. Mark Smithers
8. Sean Maher
If additional applications are received prior to the deadline the staff report will be updated accordingly.
Per City Council Rules of Procedure appointments shall be made by interview, ballot process and the Mayor shall nominate applicants with the appointments subject to approval by the majority of Council. The City Council may convene an applicant interview meeting tentatively set for May 24, 2022 at 4:00 pm.
FISCAL IMPACT
There is no fiscal impact.
RECOMMENDED ACTION
Staff recommends adopting a resolution appointing applicants to the Water and Wastewater Rate Study Customer Advisory Committee.
ATTACHMENTS
Arlene Corsetti
Garry Rose
Kelly Wheaton
Peter McCrea
Walter Nirenberg
Mario Trinchero
Sean Maher
Mark Smithers
Utility Rate Advisory Committee Appointments Resolution Agenda Item #9.1.
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Agenda Item #9.1.
Résumé
Garry L. Rose
1753 Vineyard Avenue
St. Helena, CA 94574
EMPLOYMENT
Consultant September 2015 to Present
ST. HELENA, CA
I currently provide consulting services for refrigeration piping systems, HVAC systems and air handler and fan application.
Mechanical Engineer August 2010 to September 2015
REFLOK, INC. ST. HELENA, CA
My responsibilities included the design of mechanically attached fittings and refrigeration pipe fittings for the VRF/VRV market. Duties included design of refrigeration piping systems including pipe support, insulation, and proper installation practices.
Mechanical Design Engineer May 2007 to August 2010
COSTA ENGINEERS NAPA, CA
My responsibilities included the design of HVAC and plumbing systems for commercial and industrial projects intended for conventional plan and specification bidding. Ninety-five percent of this business was for architectural firms. Costa Engineers provided both mechanical engineering design services for the architectural community.
Regional Sales Manager November 2003 to May 2007
ENERGY LABS, INC. SAINT HELENA, CA
My responsibility was the management of a 2-person remote office for the manufacturing operation in Tijuana, Mexico. Additional duties require coordination of engineering designs with the manufacturing portion of the company, sales support for the manufacturer’s representatives, preparation of submittals, and engineering support for the application and design of direct drive/variable speed centrifugal fans for HVAC applications. I also provide engineering design and support for the companies’ air cooled and evaporative condensing refrigeration projects.
Manager – Application Engineering March 2003 to November 2003 ENERGY LABS, INC. SAN DIEGO, CA
My responsibility was the management of a 21-person application engineering department for the manufacturing operation in Tijuana, Mexico. Additional duties require coordination of engineering designs with the manufacturing portion of the company, sales support, and engineering analysis for the field service department. I am a member of the management staff of the company responsible for day to day operation as well as short and long term planning.
Principal March 2001 to March 2003
G. L. ROSE CONSULTING SAINT HELENA, CA
My job description included manufacturing consulting for Energy Labs, Inc. and Mammoth, Inc. in the areas of evaporative condensing and low temperature air systems. In addition to the above consulting, I also provide application engineering for manufacturers representatives in evaporative condensing, low temperature air distribution and triple deck multi-zone design. An additional project involves preparation of a formal sales presentation of the complete design, application, installation, commissioning, and post installation documentation of a “Dual Duct Change-over Low Temperature Air - Building HVAC” system for a design build HVAC company.
Vice President – Engineering 1997 to March 2001
ENERGY LABS, INC SAN DIEGO, CA
Agenda Item #9.1.
My responsibility was the management of a 34 person - engineering department for their manufacturing operation in Tijuana, Mexico. Additional duties required coordination of engineering designs with the manufacturing portion of the company, sales support, and engineering analysis for the field service department. I was a member of the management staff of the company responsible for day to day operation as well as short and long term planning.
Additionally, I was a member of the reorganization team for Energy Labs Inc. utilizing the Adizes method. This is a formal method of problem solving in organizations to allow decisions to be implemented.
President 1995 to 1997
PACE AQS, INC. (DIVISION OF BROD & MCCLUNG PACE) KERRVILLE, TX As President of AQS, I was responsible for the development of an HVAC system for the retail industry. The duties included starting a completely new division in Kerrville, TX for an existing air handling company with headquarters located in Portland Oregon. This new company manufactured Air Conditioning units for commercial customers.
This product was sold through manufactures representatives located throughout the United States and Mexico.
President 1985 to 1995
ENGINEERED MECHANICAL, INC. ST. HELENA, CA AND SALT LAKE CITY, UTAH My responsibilities included design of HVAC and plumbing systems for commercial and industrial projects on a design build basis. I was also responsible for the development of a complete HVAC system for the retail industry allowing them to meet ASHRAE standard 62-1989 without an energy penalty. In addition, I was in charge of developing and refining a low temperature air, dual duct changeover HVAC system for commercial offices and schools, again allowing compliance with ASHRAE standard 62-1989. This included rooftop unit design, as well as a complete factory built control system, and also development and patent of a “cold air” diffuser. Other projects included the optimization and integration of direct drive plenum fans, heat recovery devices, and DDC controls into the designs.
Sales Engineer 1981 to 1985
LONG DEMING – UTAH SALT LAKE CITY, UTAH
I was responsible for sales and also assisted customers with the design and application of commercial HVAC equipment. A significant emphasis of my involvement was in the design of HVAC units for the clean room industry. I was involved with the beginning of the PACE “Clean-Pak” product line by applying direct drive fans in units designed specifically for clean room duty.
Principal/Owner 1976 to 1981
SYSTEMS ENGINEERING, INC. BOISE, IDAHO
My responsibilities included the design of HVAC and plumbing systems for commercial and industrial projects intended for conventional plan and specification bidding. Ninety-five percent of this business was for architectural firms. Systems Engineering, Inc. provided both mechanical and electrical engineering services for the architectural community.
Mechanical Engineer 1974 to 1976
MCKELLIP ENGINEERING BOISE, IDAHO
McKellip Engineering provided me the opportunity to start my career in the HVAC industry, with the responsibility for design and specification of mechanical systems for commercial and industrial buildings.
Project Engineer 1971 to 1974
MORRISON KNUDSEN COMPANY, INC. BOISE, IDAHO
Early employment was in the Morrison Knudsen engineering training program, followed by assignment as the project engineer on a railroad construction project in Hardin, Montana. Duties included assuring compliance with plans and specifications, supervising survey crews, preparation of cost and budgeting reports, and preparation of requests for payment.
PROFESSIONAL REGISTRATION
California M025240
Agenda Item #9.1.
PUBLICATIONS
1974 Master’s Thesis
“Linear Step-wise Multiple Regression Analysis for Thermodynamic Equations of State”
PATENTS
United States Patent Number 5,261,857
November 16, 1993
“Ceiling Vent with moveable vane”
EDUCATION
Master of Science 1974
UNIVERSITY OF IDAHO MOSCOW, IDAHO
Major: Mechanical Engineering
Activities: My emphasis of study was the computer analysis of the thermodynamic properties of nitrogen and oxygen, and the development of equations of state for these two fluids. While completing the masters’ curriculum, I was a member of the faculty and taught the subjects of computer programming and engineering graphics on a half time basis.
Bachelor of Science 1970
UNIVERSITY OF IDAHO MOSCOW, IDAHO
Major: Mechanical Engineering
Activities: My emphasis of study was the standard mechanical engineering curriculum with a special interest in computer programming and thermodynamics.
SKILLS
• Broad experience with control systems, including control sequences, and programming of DDC systems, and development of total control systems including hardware and software. • Proficient with AutoCAD, Autodesk Inventor, Autodesk Revit and Solidworks. Also proficient with Microsoft Office Suite. Programming experience in Fortran, Basic and Visual Basic. • Broad experience with operation of a business, including supervising employees, accounting practices, engineering design, sales, formal presentations and training presentations. • Extensive experience with coordination of HVAC design and manufacturing requirements. • Extensive knowledge of low temperature air distribution in occupied spaces, and air distribution devices.
• Specialized knowledge of HVAC system design, psychrometrics, and static regain duct calculations.
• Completed formal training in Mediation and Arbitration, and awarded certificate.
MISCELLANEOUS
• Private pilots license, with multi-engine, instrument rating. • Enjoy golf and jogging.
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Agenda Item #9.1.
CITY OF ST. HELENA
RESOLUTION NO. 2022-
Appointing applicants to the Water and Wastewater Rate Study Advisory Committee
RECITALS
A. On December 3, 2021, the City released a Request for Proposals (RFP) for professional services to complete an updated Water and Wastewater Rate study.
The City received a total of eight proposals. Based on the proposal, consultant’s relevant experience, capacity for public engagement, references and interview, staff selected Raftelis; and
B. On March 25, 2022, the City Council awarded a Professional Services Agreement to Raftelis to engage in the activities outlined in the proposal. During the meeting, City Council recommended the formation of an Advisory Committee to provide feedback on the draft rate study; and
C. The advisory committee would consist of representative group of stakeholders from the community appointed to provide comments and advice on the elements of the study and resulting rate structure. The committee will meet on a regular schedule during the rate study to develop a detailed knowledge of the project and to share their relative perspectives, ideas, concerns, and interests. The committee will work to identify areas of common ground and/or consensus to develop recommendations; and
D. Responsibilities include:
a. Reviewing and confirming financing assumptions and options presented by staff and the consultant for CIP projects in the first five years of the Rate Study, giving due consideration to project prioritization (immediate need, number, and estimated cost) and the proper balance of using cash versus debt.
b. Reviewing and confirming significant financial assumptions in the Study, such as reserves, adequacy of sinking funds, and designated and undesignated fund balances in accordance with generally accepted municipal financial principles.
c. Review findings and recommendations to ensure equitable allocation of costs related to industrial, commercial, and residential users, rate models, and recommend appropriate rates and changes with consideration given to location, setting, special demands or unique conditions.
RESOLUTION
NOW, THEREFORE, the City Council of the City of St. Helena resolves as follows:
1. _______________________ were appointed to the Water and Wastewater Rate Study Advisory Committee.
Agenda Item #9.1.
Approved at a Regular Meeting of the St. Helena City Council on May 24, 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 #9.1.
Report to the City Council
Regular City Council - 24 May 2022
Agenda Section: OLD BUSINESS
Subject: Adoption of Resolution Making Findings and Determinations under AB 361 for the Continuation of Virtual Meetings and Discussion and Direction Regarding In-Person Meetings
CEQA
Determination:
Not a CEQA project
Prepared By: Ethan Walsh, City Attorney
Reviewed By: April Mitts, Administrative Services Director Approved By: James C. McCann, Interim 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 #9.2.
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 Agenda Item #9.2.
the present time as a means of promoting social distancing in order to minimize the spread and transmission of COVID-19 in Napa County.
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.
The City Council determined at the May 10, 2022 City Council meeting to return to inperson meetings starting with the June 7, 2022 Planning Commission meeting.
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, January 11, 2022, February 8, 2022 and March 8, 2022, March 22, 2022 and April 26, 2022. This is being reconsidered on May 24, 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.
As noted above the City Council determined at the May 10, 2022 City Council meeting to return to in-person meetings starting with the June 7, 2022 Planning Commission meeting.
On May 13, 2022, just days after Council direction to return to in-person meetings, Bay Area health officers urged the public to take precautions as COVID levels rise. Twelve Bay Area health officers are stressing the importance of taking safety precautions, including continued masking indoors, as the region experiences a new swell of COVID cases and hospitalizations. Attachment 2 details the full statement from the public health officials.
Agenda Item #9.2.
The Bay Area now has California’s highest COVID infection rates. The current wave is fueled by highly contagious Omicron subvariants. Bay Area counties are seeing increases in reported cases and hospitalizations. Actual case rates are higher than those reported because of widespread use of home tests.
Community members and committee members have contacted staff with concerns of returning to an in-person meeting setting due to the increase in COVID infection rates.
Staff recommends that the City Council have a discussion to consider:
• Remaining in a virtual environment until the emergency is declared over by either our local Public Health Official or the Governor
• Remaining in a virtual environment for an additional two months and revisit returning to in-person after that time
FISCAL IMPACT
There is no fiscal impact.
RECOMMENDED ACTION
Approve the Attached Resolution Making Findings and Determinations Under AB 361 and Consider Remaining in a Virtual Environment.
ATTACHMENTS
Attachment 1 - Resolution AB361
Attachment 2 - Napa County News
Agenda Item #9.2.
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 #9.2.
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 May 24, 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 #9.2.
Napa County News
Posted on: May 13, 2022
Bay Area Health Officers Urge Public to Take Precautions as COVID Levels Rise
Twelve Bay Area health officers are stressing the importance of taking safety precautions, including continued masking indoors, as the region experiences a new swell of COVID cases and hospitalizations.
The Bay Area now has California’s highest COVID infection rates. The current wave is fueled by highly contagious Omicron subvariants. Bay Area counties are seeing increases in reported cases, levels of virus in sewer sheds, and hospitalizations. Actual case rates are higher than those reported because of widespread use of home tests.
These health officers reiterate their continued, strong support for people to mask up indoors, keep tests handy, and ensure they are up to date on vaccinations by getting boosters when eligible. “Cases are increasing in Napa County and across the Bay Area and we should use all the tools to prevent transmission, hospitalizations and death, including masking, testing, vaccination and early treatment,” said Napa County Public Health Officer and Deputy Director of Health and Human Services Dr. Karen Relucio.
The grim milestone of 1 million deaths from COVID in the United States underscores the need for continued vigilance against the virus.
Although not required, masking is strongly recommended by the California Department of Public Health for most public indoor settings, and health officials say wearing higher-quality masks (N95/KN95 or snug-fitting surgical masks) indoors is a wise choice that will help people protect their health. Vaccines remain the best protection against severe disease and death from COVID.
Health officials say people should also stay home if they feel sick and get tested right away. Officials also encourage getting tested after potential exposure and limiting large gatherings to well ventilated spaces or outdoors. For people who are more likely to get very sick from COVID-19 infection, medications are available that can reduce your chances of severe illness and death. Talk with your healthcare provider right away if you test positive.
The above statement has been endorsed by health officers from the counties of Alameda, Contra Costa, Marin, Monterey, Napa, San Benito, San Francisco, San Mateo, Santa Clara, Santa Cruz, and Sonoma as well as the City of Berkeley.
Agenda Item #9.2.
1 Cindy Tzafopoulos
From: TOM BELT <[email protected]>
Sent: Tuesday, May 24, 2022 11:33 AM
To: Cindy Tzafopoulos
Subject: [External] St. Helena City Council Meeting Public Comment Agenda Item 9.2 Cindy, Please include the following public comment under agenda 9.2 during tonight's city council meeting.
Dear St. Helena City Council Members,
I just read agenda item 9.2 scheduled for the May 24, 2022 Council Meeting. I believe if the city decides to hold its utility rate study public meetings virtually it will not receive the amount of public input and perhaps the support needed to a achieve public acceptance of the new utility rate schedule. Holding virtual meetings is a poor substitute for holding open public meetings where comments are received and ideas are exchanged face to face.
If the threat of Covid infection is a concern, I believe the city has the resources to conduct public meetings safely by requiring face masks, safe distancing, and additional protocols to significantly reduce the spread of the virus. Our schools are open, masks are optional in most public spaces, and I just attended a large public gathering in St. Helena last Saturday where over a hundred and fifty people attended where less than a dozen people wore masks.
In my opinion, conducting meetings virtually is a poor substitute for conducting open public meetings.
Especially for such an important event as a utility rate study every five-years. Additionally, not all water customers have the availability to Zoom and I can only say from experience, having to wait an hour or more on the phone to provide one's input to a nonresponding audience is extremely frustrating.
Thank you for your consideration,
Tom and Margot Belt
Agenda Item #9.2.
Report to the City Council
Regular City Council - 24 May 2022
Agenda Section: NEW BUSINESS
Subject: St. Helena Annual Chamber of Commerce Report
CEQA
Determination:
Not a CEQA project
Prepared By: Preya Nixon, Asst. to the City Manager
Reviewed By: April Mitts, Administrative Services Director Approved By: James C. McCann, Interim City Manager
BACKGROUND
The City of St. Helena (City) has partnered with the St. Helena Chamber of Commerce (Chamber) and the local business community to invest funding to market and promote St.
Helena as a desirable tourist destination of choice.
On June 22, 2021, the City of St. Helena entered into two separate agreements with the Chamber:
1. STH Contract: FY 2022-005 in the amount of $220,500 for Marketing and Promotional Services (Attachment 1) and
2. STH Contract: FY 2022-004 in the amount of $100,000 for targeted Business Recovery Marketing (Attachment 2)
The first of the two agreements is an annual contract which includes an allocation of $30,000 to Special Events Production activities and the remainder of funds for Tourism Marketing and Promotional Efforts.
The second agreement was authorized by City Council as Phase 2 of the COVID Business Recovery Destination Marketing Plan. This was a response to the ongoing effort to increase revenues following the dramatic shift in the economy as a result of COVID-19. The additional investment was for targeted business recovery that meets City Council Goal 4 and aligns with the Community Budget Survey conducted in 2021.
Agenda Item #10.1.
DISCUSSION
Pursuant to Section 5 of the current Marketing and Promotional Services Agreement, the Chamber is required to provide an annual written report of all expenditures funded under the agreement, including:
• Statistics of visitor activity including the number of visitors to the St. Helena Welcome Center
• Utilization and traffic counts on the Chamber website • Hours of operations and staffing levels at the St. Helena Welcome Center • Reports on advertising, press coverage, and press releases with date of publication or release
• Status of projects/programs and Special Event Production.
The Chamber will be providing funding requests for the next fiscal year in their presentation. Staff will further evaluate the funding request and will bring a recommendation for approval of a contract during the FY 2022-23 budget process.
FISCAL IMPACT
For the purpose of this staff report, there is no fiscal impact. However, it is expected that the Funding Agreement with the Chamber will be executed at a future City Council meeting consistent with previous process.
RECOMMENDED ACTION
Receive and file.
ATTACHMENTS
Attachment 1 - STH Contract FY2022-004 Chamber of Commerce Business Recovery Marketing
Attachment 2 - STH Contract FY2022-005 Chamber of Commerce FY22 Agreement Agenda Item #10.1.
St. Helena Chamber of Commerce Business Recovery Marketing
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 St.
Helena Chamber of Commerce (Consultant).
RECITALS:
A. City desires to employ Consultant to furnish professional services in connection with the project described as Business Recovery Marketing.
B. Consultant has represented that Consultant has the necessary expertise, experience, and qualifications to perform the required duties.
NOW, THEREFORE, in consideration of the mutual premises, covenants, and conditions herein contained, the parties agree as follows:
SECTION 1 – BASIC SERVICES
Consultant agrees to perform the services set forth in Exhibit A, “Scope of Services” and made part of this Agreement.
SECTION 2 – ADDITIONAL SERVICES
Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement that are in addition to or outside of those set forth in this Agreement or Exhibit A, “Scope of Services” (the “Services”), unless such additional Services and compensation are authorized in advance and in writing by the City Council or City Manager of the City.
SECTION 3 – TIME FOR COMPLETION
The time for completion of Services shall be as identified in Exhibit A, “Scope of Services”. The parties expressly agree that time is of the essence in the performance of this Agreement.
SECTION 4 – COMPENSATION AND METHOD OF PAYMENT
A. Subject to any limitations set forth in this Agreement, City agrees to pay consultant the amount specified in Exhibit A, “Compensation” attached hereto and made a part hereof. Total compensation shall not exceed $100,000 unless additional compensation is approved in accordance with Section 2.
B. Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories if applicable: labor (by sub-category), travel, materials, equipment, supplies, subconsultant contracts, and miscellaneous expenses. Each original invoice furnished shall include the expenses incurred during the preceding month, the cumulative Agreement amount, and the June 22
STH Contract: FY2022-004 Agenda Item #10.1.
St. Helena Chamber of Commerce Business Recovery Marketing amount remaining on the Agreement. City shall independently review each invoice submitted to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. If no charges or expenses are disputed, the invoice shall be approved, and City will use its best efforts to cause Consultant to be paid within 30 days of receipt of invoice.
If the City disputes any charges or expenses, the City will return the original invoice to Consultant for correction and resubmission. If the City reasonably determines, in its sole judgment, that the invoiced charges and expenses exceed the value of the Services performed to date and that it is probable that the Agreement will not be completed satisfactorily within the contract price, City may retain all or a portion of the invoiced charges and expenses. Within thirty (30) days of satisfactory completion of the project, City shall pay the retained amount, if any, to Consultant.
C. Payment to the Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
SECTION 5 – STANDARD OF PERFORMANCE
A. Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services described herein. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons in the same or similar geographical area engaged in providing Services similar to those required of Consultant under this Agreement.
B. In order to induce City to enter into this Agreement, Consultant represents that it is duly organized, existing and in good standing under applicable state law; Consultant is licensed to perform all aspects of the Services; Consultant will employ only persons and Subconsultants with all required licenses and certifications; that Consultant is duly qualified to conduct business in the State; that Consultant has duly authorized the execution, delivery and performance of this Agreement and the Services to be performed herein; and that the Agreement does not violate or create a default under any instrument, agreement, order or decree binding on Consultant.
SECTION 6 – INSPECTION AND FINAL ACCEPTANCE
City may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant’s work within sixty (60) days after submitted to City, unless the parties mutually agree to extend such deadline. City shall reject work by a timely written explanation, otherwise Consultant’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects and fraud. Acceptance of any of Consultant’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, the sections pertaining to indemnification and insurance.
SECTION 7 – INSURANCE REQUIRED
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with Agenda Item #10.1.
St. Helena Chamber of Commerce Business Recovery Marketing the performance of the work hereunder by the Consultant, its agents, representatives, or employees, as indicated:
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.
B. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations, as applicable. If Commercial General Liability Insurance or other form with a General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer’s Liability: $1,000,000 per accident for bodily injury or disease.
C. Professional Liability Insurance. When Consultant under this Agreement is duly licensed under California Business and Professions Code as an architect, landscape architect, environmental engineer or other professional engineer, or land surveyor (“design professional”), Consultant shall maintain at least $2,000,000 of professional liability insurance. When Consultant is not a design professional, Consultant shall maintain at least $1,000,000 of professional liability insurance combined single limit for each occurrence, insuring against professional errors and omissions in the Services performed by Consultant under this Agreement, including, without limitation, claims for negligence, misrepresentation, violation of good faith and fair dealing, and inaccurate advise arising out of, resulting from, or in connection with Services performed by Consultant under this Agreement.
D. Excess Limits. If Consultant maintains higher limits than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
E. Primary Coverage. For any claims related to this contract the Consultants insurance coverage shall be primary insurance as respects to City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of Consultants insurance and shall not contribute with it.
F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions of $25,000 or greater must be declared to and approved by the City.
G. Other Insurance Provisions. The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
Agenda Item #10.1.
St. Helena Chamber of Commerce Business Recovery Marketing
1. The City, its agent, officers, officials, employees, and volunteers are to be covered as additional insured as respects: liability arising out of work or operations performed by the Consultant or Consultant’s subconsultants; or automobile owned, leased, hired or borrowed by the Consultant.
2. For any claims related to Consultant’s conduct while performing the work of this project, the Consultant’s insurance coverage shall be primary insurance as respects the City, its agents, officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its agents, officers, officials, employees or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.
4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subsection (b) of Section 2782 of the Civil Code.
H. Waiver of Subrogation. Consultant’s commercial general liability, automobile liability, workers’ compensation, and employer’s liability policies shall be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its agents, officers, officials, employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City.
I. The Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the City.
J. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on forms that conform to City requirements. All certificates and endorsements are to be received and approved by the City before work commences.
The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.
SECTION 8 – INDEMNIFICATION
A. To the fullest extent allowed by law (including without limitation California Civil Code Sections 2782 and 2782.8), as may be applicable, Consultant shall indemnify, defend, and hold harmless City, its agents, officers, officials, employees, representatives, and volunteers from any and all claims, demands, suits, loss, damages, injury, and/or liability (including any and all costs and expenses in connection therewith, including legal fees and expert witness costs) (collectively, “Liabilities”), incurred by reason of any negligent or otherwise wrongful act or omission of Consultant, its officers, agents, employees, subconsultants, and subcontractors, or any of them, under or in connection with this Agreement; and Consultant agrees at its own cost, expense and risk to defend any and all claims, actions, suits, or other legal proceedings brought or instituted against City, its agents, officers, officials, employees and volunteers, or any of them, arising out of, pertaining to, or relating to such negligent or otherwise wrongful act or omission, and to pay and satisfy any resulting judgments.
Agenda Item #10.1.
St. Helena Chamber of Commerce Business Recovery Marketing B. When Consultant under this Agreement is duly licensed under California Business and Professions Code as an architect, landscape architect, professional engineer, or land surveyor (i.e., a “design professional,” pursuant to Civil Code § 2782.8(c)), the provisions of this section regarding Consultant’s duty to defend and indemnify apply only to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant.
C. If any action or proceeding is brought against Indemnitees by reason of any of the matters against which Consultant has agreed to indemnify Indemnitees as provided above, Consultant, upon notice from City, shall defend Indemnitees at Consultant’s expense by counsel acceptable to City, such acceptance not to be unreasonably withheld. Indemnitees need not have first paid for any of the matters to which Indemnitees are entitled to Indemnification in order to be so indemnified. The insurance required to be maintained by Consultant shall ensure Consultant’s obligations under this section, but the limits of such insurance shall not limit the liability of Consultant hereunder. The provisions of this section shall survive the expiration or earlier termination of this Agreement.
D. The provisions of this section do not apply to claims to the extent occurring as a result of the City’s sole negligence, active negligence, or willful acts or misconduct.
E. Duty to Cooperate. Each party shall notify the other party immediately in writing of any claim or damage related to activities or Services performed under this Agreement. The parties shall cooperate with each other in the investigation and disposition of all Liabilities arising out of the activities or Services under this Agreement.
F. In the event that Consultant executes any subconsulting agreements in connection with the Services performed under this Agreement, Consultant shall place in all such subconsulting agreements, and cause its subconsultants to agree to, the indemnity and insurance obligations in favor of City and other Indemnitees, as provided herein, in the exact form and substance of those contained in this Agreement.
SECTION 9 – INDEPENDENT CONTRACTOR STATUS
A. Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant shall have no authority to bind City in any manner or to incur an obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.
B. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant’s officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees or agents are in any manner officials, officers, employees or agents of City.
Agenda Item #10.1.
St. Helena Chamber of Commerce Business Recovery Marketing C. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
SECTION 10 – CONFLICTS OF INTEREST AND ANTI-FRAUD AND ANTICORRUPTION POLICIES A. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of Services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts with the interests of City in the performance of this Agreement.
B. City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related Services for other governmental agencies and private parties. Consultant is aware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section.
C. Consultant understands and acknowledges City maintains an anti-fraud and anticorruption policy to protect the City, its operations, and its employees from and against financial risks, operational breaches, and unethical, fraudulent and corrupt activities. Consultant represents and warrants that Consultant, its subcontractor(s) / subconsultant(s) and their respective employees providing Services pursuant to the Agreement are (1) in good standing; (2) have not been previously investigated, convicted, or debarred for fraudulent or corrupt activities; (3) will not participate in fraudulent or corrupt activities, and (4) will take steps to ensure that its employees and subcontractor(s) / subconsultant(s) employees do not participate in any fraudulent or corrupt activities. Consultant acknowledges and agrees further that it has a duty to and will report to City any information or incident(s) about possible fraudulent or corrupt activities Consultant may discover, and will cooperate in any fraud or corruption investigation conducted, with respect to Consultant’s service provided pursuant to this Agreement.
SECTION 11 – OWNERSHIP OF DOCUMENTS
A. All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the course of providing any Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. When requested by City, but no later than three years after project completion, Consultant shall deliver to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.
B. All copyrights, patents, trade secrets, or other intellectual property rights associated with any ideas, concepts, techniques, inventions, processes, improvements, developments, works of authorship, or other products developed or created by Consultant during the course of providing Services (collectively the “Work Product”) shall belong exclusively to City. The Work Product Agenda Item #10.1.
St. Helena Chamber of Commerce Business Recovery Marketing shall be considered a “work made for hire” within the meaning of Title 17 of the United States Code. Without reservation, limitation, or condition, Consultant hereby assigns, at the time of creation of the Work Products, without any requirement of further consideration, exclusively and perpetually, any and all right, title, and interest Consultant may have in the Work Product throughout the world, including without limitation any copyrights, patents, trade secrets, or other intellectual property rights, all rights of reproduction, all rights to create derivative works, and the right to secure registrations, renewals, reissues, and extensions thereof.
SECTION 12 – CONFIDENTIAL INFORMATION; RELEASE OF
INFORMATION
A. All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
B. Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement.
Response to a subpoena or court order shall not be considered “voluntary” provided consultant gives City notice of such court order or subpoena.
C. If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Consultant’s conduct.
D. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant.
However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite such response.
SECTION 13 – SUSPENSION OF WORK
City may, at any time, by ten (10) days written notice suspend further performance by Consultant. All suspensions shall extend the time schedule for performance in a mutually satisfactory manner and Consultant shall be paid for Services performed and reimbursable expenses incurred prior to the suspension date.
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 Agenda Item #10.1.
St. Helena Chamber of Commerce Business Recovery Marketing Agreement. Consultant shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.
SECTION 15 – COMPLIANCE WITH CIVIL RIGHTS
During the performance of this contract, Consultant agrees as follows:
A. Equal Employment Opportunity. In connection with the execution of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, ancestry, age, sexual orientation, gender, gender identity and gender expression as protected categories specifically and expressively in that category, physical handicap, medical condition, marital status, sex, or national origin. Such actions shall include, but not be limited to, the following: employment, promotion, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training including apprenticeship.
B. Nondiscrimination Civil Rights Act of l964. Consultant will comply with all federal regulations relative to nondiscrimination to federally-assisted programs.
C. Solicitations for Subcontractors including Procurement of Materials and Equipment.
In all solicitations, either by competitive bidding or negotiations, made by Consultant for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor, supplier, or lessor shall be notified by Consultant of Consultant’s obligations under this Agreement and the regulations relative to nondiscrimination.
SECTION 16 – COMPLIANCE WITH CALIFORNIA LABOR CODE
REQUIREMENTS
A. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records 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.
Agenda Item #10.1.
St. Helena Chamber of Commerce Business Recovery Marketing B. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
C. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.
SECTION 17 – AUDIT AND INSPECTION OF RECORDS
A. Records of Consultant’s direct labor costs, payroll costs, and reimbursable expenses pertaining to this project covered by this Agreement will be kept on a generally recognized accounting basis and made available to City if and when required for a period of up to 3 years from the date of Consultant’s final invoice.
B. Consultant shall maintain all documents and records prepared by or furnished to Consultant during the course of performing the Services for at least three (3) years following completion of the Services. Such records include, but are not limited to, correspondence, internal memoranda, technical reports and investigations, calculations, books and accounts, accounting records documenting its work under its Agreement, and invoices, payrolls, records and all other data related to matters covered by this Agreement.
C. Consultant shall permit City to audit, examine and make copies, excerpts and transcripts from such records, and the Consultant shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any matter whatsoever for three (3) years after City makes the final or last payment or within three (3) years after any pending issues between City and Consultant with respect to this Agreement are closed, whichever is later.
SECTION 18 – LIMITATION OF LIABILITY
A. Consultant agrees that any liability of City arising in connection with this Agreement shall be limited exclusively to the City-entity identified as the “City” under this Contract. Under 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.
Agenda Item #10.1.
St. Helena Chamber of Commerce Business Recovery Marketing 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, sent by facsimile, email, or first class mail, addressed as follows:
To City: City Manager
1572 Railroad Avenue
St. Helena, California 94574
To Consultant: Amy Carabba-Salazar
President & CEO
St. Helena Chamber of Commerce
1320A Main Street
St. Helena, CA 94574
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.
SECTION 22 – ATTORNEYS’ FEES
Agenda Item #10.1.
St. Helena Chamber of Commerce Business Recovery Marketing If litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable attorneys’ fees, costs and expenses, in addition to any other relief to which it may be entitled. In addition, any legal fees, costs and expenses incurred to enforce the provisions of this Agreement shall be reimbursed to the prevailing party.
SECTION 23 – ENTIRE AGREEMENT
This Agreement, including the attached Exhibits, is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding unless in writing duly executed by the parties or their authorized representatives.
SECTION 24 – SUCCESSORS AND ASSIGNS
This Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the parties. However, this Agreement shall not be assigned by Consultant without written consent of the City.
SECTION 25 – CONTINUITY OF PERSONNEL
Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff assigned to perform the Services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff assigned to perform the Services required under this Agreement, prior to any such performance.
SECTION 26 – DEFAULT
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default and may terminate this Agreement immediately by written notice to Consultant.
SECTION 27 – WAIVER
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or Services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 28 – LAW TO GOVERN; VENUE
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 Agenda Item #10.1.
Agenda Item #10.1.
Phase 2
Business Recovery
Destination Marketing Plan
Timeframe: July 1, 2021 - June 30, 2022
Total Budget Allocated from the City of St. Helena $100,000 Prepared for the City of St. Helena ©2021
Video Asset Refresh
New Short-Form Video Assets For Use In Streaming
Paid & Organic Social
Nine(9) Videos Total | To Be Used Quarterly:
3 at :30 seconds
3 at :15 seconds
3 at :10 seconds
Project Management by The Abbi Agency
Continuous Digital Ad Campaign
Refreshed Search & Social Creative
Native Content
Focus On Overnight Extended Stays in St. Helena
Strategic Paid Influencer Marketing &
Photography Assets
StHelena.com Website Enhancements
To Be Disbursed
Quarterly ($25k)
&YIJCJU" Agenda Item #10.1.
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Summer Concert Series (Summer 2022) $6,500
Holidays in St. Helena $20,000
Celebrate St. Helena $2,500
Misc. Events (Earth Day, Neighborhood Table, and Sidewalk Sale) $1,000 TOTAL $30,000
Agenda Item #10.1.
1 Cindy Tzafopoulos
From: Ahren Trumble <[email protected]>
Sent: Friday, May 20, 2022 3:23 PM
To: Geoff Ellsworth; Paul Dohring; Anna Chouteau; Lester Hardy; Eric Hall Cc: James McCann; Public Comment
Subject: [External] In support of full funding for the St. Helena Chamber of Commerce Follow Up Flag: Follow up
Flag Status: Flagged
Dear Council Members, Mayor Ellsworth & City Staff,
I am writing in support of the continued FULL funding of the St. Helena Chamber of Commerce. To be clear, by full funding I mean the $220,000 as part of the city contract with the chamber, as well as the additional $100,000 for destination marketing that was included in the FY21/22 budget. These marketing funds are imperative for the continued success of our town’s businesses.
As a local business owner, the Chamber provides support for businesses like mine that we would never be able to accomplish ourselves. With the addition of the much‐needed recovery marketing funding by the city during the pandemic, Amy and her staff & strategic partners have been able to not only turn Main Street businesses around, but to be a model to the other cities in Napa County and throughout California on what a successful, modern Chamber is able to accomplish. This is something we should all feel proud of.
The Chamber does many things for our town that is visible. The Welcome Center on Main Street, Summer Concerts, Sidewalk Sale, holiday decorations and programing in addition to weekly informative and reliable communication between government agencies on all things that affect us as business owners and citizens. What I would like to address specifically is the non‐visible contributions of the Chamber. Sure, you may see the ads and the graphs and metrics that show we are having success and growth, but HOW those efforts show up in my store and on Main Street are far more important to me and should be to you as well.
Over the past 16 months Sportago has seen record growth in 12 of those months with an increasingly positive outlook for 2022. This is all during a challenging pandemic, supply chain delays and staffing shortages. We have all worked hard to emerge from 2020 in one piece, but the Chamber has continually and effectively brought visitors to our town through social media advertising and strategic campaigns with organizations that know how to do this far better than I. This funding was made possible in part by you, our city government, and its realization that what is good for business in St.
Helena is also a valuable investment as the return comes back in the way of TOT, sales tax, full restaurants and sidewalks! In this world of fast paced and ever‐changing advertising, having a knowledgeable voice that reaches my potential customers for me is necessary and vital. That voice is the St. Helena Chamber of Commerce.
Thank you for your prior support of the Chamber and I urge you to fully continue that investment in our town and its’ businesses.
Sincerely
Ahren Trumble
Owner, Sportago
St. Helena Chamber Board Member
Agenda Item #10.1.
2 Ahren Trumble
Sportago
1380 Main St.#101
St. Helena, CA. 94574
P:(707) 963-9042
F:(707) 963-7461
[email protected]
No trees were harmed in the creation of this electronically composed and digitally published e-mail but a fair number of electrons were somewhat perturbed.
Agenda Item #10.1.
1 Cindy Tzafopoulos
From: KC Garrett <[email protected]>
Sent: Monday, May 23, 2022 7:43 PM
To: James McCann
Cc: Public Comment
Subject: [External] Please Fully Support Chamber of Commerce May 23, 2022
Dear Jim,
Welcome to St. Helena and back to Napa Valley! We are looking forward to working with you as the new Interim City Manager! I am writing this letter as a local real estate agent, business owner and board member of the Chamber of Commerce in support of the requested $320,500 funding to the Chamber of Commerce to help pay for the strategic marketing campaigns for the City of St. Helena. The destination marketing money is critical for attracting more visitors to St. Helena who will spend money on hotels, restaurants, retail stores and real estate. The Chamber of Commerce has had a proven track record of successful digital advertising and media campaigns that have led to revenues coming back to the City of St. Helena. The funding that the Chamber is requesting is critical to keeping the advertising momentum going.
The St. Helena Chamber of Commerce has been very active and has a great presence on Main Street with their Visitor Center and very active employees. They also host summer concerts in Lyman Park, an annual large Christmas Tree, Santa visits, Wine Barrel art projects, Chamber mixers and the Annual luncheon for the Citizen and Employee of the Year as well as other events to stimulate business and community involvement.
Online research indicates that our neighboring community of Yountville’s destination marketing appears to be $304,508 according to the 2021/2022 Budget in Brief. And the City of Calistoga agreed on $300,000 for destination marketing for 2021 per a Napa Valley Register news article. We need the full $320,500 that the St. Helena Chamber of Commerce is requesting for this next year in order to be competitive and successful. Please do not cut the funding. The Chamber of Commerce is respectfully asking the City Council to continue to support all their efforts. Please agree to $320,500 for the coming year for St. Helena Chamber of Commerce. And please agree to the 3 year proposal, so the Chamber can plan ahead.
Thank you for your time and consideration.
Sincerely, KC
KC Garrett
1746 Vineyard Avenue
St. Helena, CA 94574
Coldwell Banker Brokers of the Valley
707‐477‐6858
[email protected]
Agenda Item #10.1.
1 Cindy Tzafopoulos
From: James McCann
Sent: Monday, May 23, 2022 8:53 PM
To: Cindy Tzafopoulos
Subject: FW: Chamber of Commerce Funding
Cindy—A communication for tomorrow’s Council meeting. Please share with the City Council.
Thank you.
‐Jim
From: Linzi Gay <[email protected]>
Sent: Monday, May 23, 2022 12:41 PM
To: James McCann <[email protected]>
Subject: [External] Chamber of Commerce Funding
Hello Jim,
I am writing as President of Clif Family Winery & Farm. As a small business located in St. Helena, Clif Family strongly relies on the destination marketing programs that the Chamber has successfully implemented in the past few years to keep our business thriving in St. Helena. These marketing programs are vital to driving visitors up valley to support our business. And as a successful business, we are able to continue to serve our local community as well.
In addition to destination marketing, the St. Helena Chamber of Commerce operates our town’s Visitor’s Center with over 20,000 annual visitors, supports community events such as Summer Concerts, Holidays in St. Helena and Celebrate Community Awards and provides business resources, education and training to member businesses.
I encourage the city council to support the funding for the St. Helena Chamber of Commerce so that our community and businesses can continue to thrive.
Thank you,
Linzi Gay
President
Clif Family Winery & Farm
Office: 1334 Vidovich Lane, St. Helena, CA 94574
Tasting Room: 709 Main Street, St. Helena, CA 94574
p 707.968.0625 | m 707.486.7072
www.cliffamily.com
Agenda Item #10.1.
2021 – 2022 Marketing Report
St. Helena Chamber of Commerce & City of St. Helena Partnership Agenda Item #10.1.
Strategic Priority
Build a strong Economic Recovery Marketing plan to generate revenue and traffic to the destination. Market St. Helena as the best of California’s Wine Country. Generate revenue for area business with low impact on the community, in alignment with the mission/vision of the City of St. Helena.
Goals
• More visitors -staying longer - Heads to Beds
• Visitor Spending Up
• Incentives to Come and Visit
• Promote Brand Awareness
Objectives
• Position St. Helena as a world class destination
• Educate consumers as to why St. Helena is a must travel destination • Drive Traffic through strategic digital advertising & new marketing assets • Focus on lifestyle, passion & experience
St. Helena Destination Marketing
Agenda Item #10.1.
Budget Proposal 2022-2023
Continue with the above for a 3 year strategic plan:
That would be the $220,500.00 to $320,500.00
3 year deal, rather than the annual 1 year.
320,500 Annual Contract- plus the added annual inflation 5% That would be the following:
2022-2023 320,500 + 5% = $336,325.00.
2023-2024. 336,325 + 5% = $353,141.00
2024-2025 + 343.101 + 5% = $370,798.00
St. Helena Chamber/City Funding Partnership- Supports Economic Sustainability Current 2021-2022 Budget
$220,500.00 with the built in 5% Annual Increase
(30K is allocated for community events).
$100,000 Recovery Marketing Enhancement
Total: $320,500.00
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Social Media Wins
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Press Coverage Book
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Marketing Highlights
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Press
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Press
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Press
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Press
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Influencer Vists Completed
15K @Munch.with.Momo Monica Vimolchalao
18.8K @NapaValleyTip Isabel Freeman
21.2K @SashaBonar Sasha Bonar
12.9K @Vinoforbreakfast Hannah Speigel
26.1K @Yay.janelle Janelle
5K @mecreativenapa Michelle Ewart
9.2K @Croissantsandcaviar Shwetha Kotekar
11.9K @TinaTasteyTravels Tina Y
178K @theyumyumfoodie Eddia Zamora
12K @CelebMap Karli Mullane
3k @wheretowineinnapa Madison Seger
29.3 K @piecesofemerald Jennifer Vatthongxay
26K @AlexisDelChiaro Alexis Del Chiario
110K @TheBonTraveler Jessica Wright
20.3K @Darlingcoco Coco
21.3K
21.5K
@BordeauxBlonde
@VictoriaPopoff
Sara Renee
Victoria Popoff
27+ Influencers
132K @TrustedTravelGal Valerie Joy Wilson
44.7 @lovelaughteradventure April Koenig
21.2K @SashaBonar Sasha Bonar
12.9K @Vinoforbreakfast Hannah Speigel
17.5 @StephaniecRusso Stephanie Russo
106K @thebontraveler Jessica Wright
42K @Bossy Brittney Brittany
Influencer Press Visits
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Website Metrics
www.sthelena.com
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New Brand & Logos!
OLD LOGO
OLD LOGO
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Like a Saint Campaign
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Like a Saint Campaign
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Like a Saint Campaign
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Like a Saint Campaign
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Like a Saint Campaign
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Like a Saint Campaign
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Like a Saint Campaign
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Like a Saint Campaign
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Like a Saint Campaign
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Destination Marketing Emails
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Visitor Center & Mercantile
• Open Seven Days: 10am-5pm
• In Person & Virtual
• +20K Visitors Annually
• Public Restrooms for Main Street
• About 4K Maps Distributed Annually
Agenda Item #10.1.
Annual Events & Workshops
• Summer Concert Series
• Celebrate St. Helena
• Sidewalk Sale in May & Nov
• Earth Day
• Holidays in St. Helena
• Holiday Wine Barrel Tour
• Free Chamber Workshops
• Job Fairs
Agenda Item #10.1.
Budget Proposal 2022-2023
Continue with the above for a 3 year strategic plan:
3 year deal, rather than the annual 1 year.
320,500 Annual Contract- plus the added annual inflation 5% That would be the following:
2022-2023 320,500 + 5% = $336,325.00.
2023-2024. 336,325 + 5% = $353,141.00
2024-2025 + 343.101 + 5% = $370,798.00
Return on the Investment & Stronger Partnership- Supports Economic Sustainability Current 2021-2022 Budget
$220,500.00 with the built in 5% Annual Increase
(30K is allocated for community events).
$100,000 Recovery Marketing Enhancement
Total: $320,500.00
Agenda Item #10.1.