City of St. Helena
Regular City Council Meeting
Tuesday, May 24, 2022 @ 6:00 PM
PLEASE NOTE: Any person who wishes to speak regarding an item on the agenda or make a comment under the "Oral Communication" portion of the agenda may do so, but please observe the time limit of four minutes.
This meeting will be conducted pursuant to the provisions of Government Code Section 54953 (as amended by AB 361) which authorizes teleconferenced meetings under the Brown Act during certain proclaimed States of Emergency. The Governor of California proclaimed a State of Emergency related to COVID-19 on March 4, 2020. This teleconferenced meeting is necessary so that the City can conduct essential business and is permitted under Government Code 54953 in order to protect public health and safety of attendees.
Consistent with Government Code Section 54953, this City Council Meeting will be held via teleconference only, and will not be physically open to the public. City Council members and staff will teleconference into the meeting by audio and/or video. The meeting will be conducted via Zoom Webinar.
The City Council meeting will be live-streamed on Comcast Channel 28 and on the City’s website, barring technical difficulties. Those members of the public wishing to participate must do so remotely via Zoom electronic meetings in the following ways; by either logging onto the Zoom link located on the meeting agenda (please download the app to your computer or mobile device) and enter the meeting ID or by calling a listed number and enter the meeting ID. Public comment for City Council meetings will be accepted via email to [email protected]. All public comments must be emailed by 4:00 PM prior to the meeting. Emailed public comments will not be read out loud but will be publicly available and attached to the on-line City Council agenda.
Please see the end of the agenda for detailed PUBLIC PARTICIPATION instructions.
Simultaneous Spanish interpretation services during meetings can be scheduled upon request.
To ensure interpreters are available, requests must be made at least 72 hours in advance by calling the Office of the City Clerk at (707) 968-2640 or emailing [email protected].
The schedule of upcoming meetings and published meeting agendas can be found on the City of St. Helena website at https://sthelena.civicweb.net/portal/.
Please click the link below to join the meeting:
https://us02web.zoom.us/j/89574615962
Or One tap mobile :
US: +16699006833,,89574615962# or +12532158782,,89574615962# Or Telephone:
Dial(for higher quality, dial a number based on your current location):
US: +1 669 900 6833 or +1 253 215 8782 or +1 346 248 7799 or +1 312 626 6799 or +1 929 205 6099 or +1 301 715 8592
Meeting ID: 895 7461 5962
International numbers available:
https://us02web.zoom.us/u/kdqg8ptoCF
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Esta reunión será realizada conforme a las provisiones del Código de Gobierno Sección 54953 (modificada por AB 361) la cual autoriza las reuniones de teleconferencia bajo el Acta Brown durante ciertos Estados de Emergencia. El gobernador de California proclamó Estado de Emergencia relacionado con el COVID-19 el 4 de marzo del 2020. Esta reunión por teleconferencia es necesaria para que la Ciudad pueda realizar deberes esenciales y es permitido bajo el Código de Gobierno 54953 en orden de proteger la salud pública y seguridad de los asistentes.
Consistente con el Código de Gobierno Sección 54953, esta reunión del Consejo de la Cuidad será realizada vía teleconferencia y no será físicamente abierta al público. Miembros del Consejo de la Cuidad y personal atenderán la reunión por audio y/ o video. La reunión será transmitida vía Zoom.
La reunión del Consejo de la Cuidad se transmitirá en vivo por el Canal 28 de Comcast y en el sitio web de la Ciudad, salvo dificultades técnicas. Aquellos miembros del público que deseen participar deben hacerlo de forma virtual a través de las reuniones electrónicas de Zoom de las siguientes maneras; iniciando sesión en el enlace Zoom ubicado en la agenda de la reunión (descargue la aplicación en su computadora o dispositivo móvil) e ingrese el ID de la reunión o llamando al número ubicado en la agenda e ingrese el ID de la reunión. Se aceptarán comentarios públicos para la reunión del Consejo de la Cuidad por correo electrónico a [email protected]. Todos los comentarios públicos se harán públicos y se adjuntarán a la agenda, pero no se leerán en voz alta. Todos los comentarios públicos que se reciban después de las 4:00 PM se adjuntarán a la agenda del Consejo de la Cuidad al día siguiente.
Servicios de interpretación en español durante la reunión pueden ser solicitados por el público.
Para asegurar que los intérpretes estén disponibles, los servicios tienen que ser solicitados al menos 72 horas antes de la reunión llamando a la oficina de la Secretaria de la Ciudad al (707) 968-2640 o por correo electrónico a [email protected] .
El horario de las reuniones publicadas y próximas puede ser localizado en el sitio de web de la Ciudad en https://sthelena.civicweb.net/portal/ .
Habrá traducción en español durante la junta
Haga clic en el enlace a continuación para participar en la reunión:
https://us02web.zoom.us/j/89574615962
O por iPhone one-tap:
US: +16699006833,,89574615962# or +12532158782,,89574615962# O por Teléfono: Marque(para mejor calidad, marque número basado en su ubicaciónactual):
US: +1 669 900 6833 or +1 253 215 8782 or +1 346 248 7799 or +1 312 626 6799 or +1 929 205 6099 or +1 301 715 8592
ID de la Reunión: ID: 895 7461 5962
International numbers available:
https://us02web.zoom.us/u/kdqg8ptoCF
Consulte el final de la agenda para obtener instrucciones detalladas de PARTICIPACIÓN PÚBLICA.
Page
1. CALL TO ORDER
2. ROLL CALL
Mayor: Geoff Ellsworth, Vice Mayor: Paul Dohring, City Council Members: Anna Chouteau, Eric Hall and Lester Hardy
3. PLEDGE OF ALLEGIANCE
Estimated start time: 6:02 p.m.
4. ADOPTION OF THE AGENDA
Estimated start time: 6:05 p.m.
5. PUBLIC FORUM:
Members of the public are entitled to speak on matters of municipal concern not on the agenda during Public Forum. Each person’s comments shall be limited to 4 minutes. Each person is entitled to speak on any non-agendized item only once at any meeting. Brief questions by Council Members for clarifications may be posed and answered, and Council Members may make requests that items be placed on future agendas, but in accordance with state law, no substantive discussion or action may take place unless and until the matter properly appears on the agenda.
Estimated start time: 6:10 p.m.
6. REPORTS BY STAFF AND CITY COUNCIL, FUTURE AGENDA ITEMS, AND AB 1234 REPORTS:
Reports by staff and/or Council Members on items of general interest. Brief questions for clarification may be posed and answered, and Council Members may request that items be placed on a future agenda. Except under certain circumstances, the Brown Act prohibits any other discussion or action by the City Council.
Estimated start time: 6:20 p.m.
6.1. Report out of Closed Session by Ethan Walsh, City Attorney
7. CONSENT ITEMS
Members of the Council or the public may ask that any items be considered individually for purposes of considering alternative action, for extended discussion, or for public comment. Unless that is done, one motion may be used to adopt all recommended actions. (Roll Call Vote)
Estimated start time: 6:30 p.m.
7.1. Consideration and proposed approval of Regular Meeting Minutes of April 26, 2022 and May 10, 2022 and Special Meeting Minutes of April 5, 2022 and May 17, 2022.
CEQA Determination: Not a CEQA project
Prepared By: Cindy Tzafopoulos, City Clerk
Recommendation:
Approve
04-05-2022 Special City Council - Minutes
04-26-2022 Regular City Council - Minutes
05-10-2022 Regular City Council - Minutes
05-17-2022 Special City Council Budget Workshop - Minutes 15 - 37
7.2. Consideration and Proposed Approval of a Resolution Authorizing the City Manager to Execute an Agreement Between the City of St.
Helena and Columbia Telecommunications Corporation d/b/a CTC Technology and Energy for the Provision and Maintenance of Advanced Network (Data) Services for the St. Helena Public Library
CEQA Determination: Not a CEQA project
Prepared By: Chris Kreiden, Library Director
Recommendation:
Staff recommends the City Council adopt the resolution authorizing the City Manager to execute the agreement between the City of St.
Helena and Columbia Telecommunications Corporation d/b/a CTC Technology and Energy for the provision and maintenance of advanced network services for the Library.
Staff Report - Pdf
39 - 49
7.3. Consideration and approval of a Resolution Establishing Appropriation Limits for Fiscal Year 2022-23 and the Selection of Current Year Adjustment Factors
CEQA Determination: Not a CEQA project
Prepared By: Mandy Kellogg, Asst. Administrative Services Director Recommendation:
Staff recommends the City Council of the City of St. Helena adopt a Resolution establishing an appropriation limit for Fiscal Year 2022-23.
Staff Report - Pdf
51 - 61
7.4. Consideration and Recommended Approval of a Resolution Amending the Existing Two-year Agreement with the Housing Authority of the City of Napa to Provide Contract Housing Authority Services for an Amount not-to-exceed $114,000 for the Two-year Period starting July 1, 2022.
CEQA Determination: Exempt
Prepared By: Maya DeRosa, Planning & Building Director
Recommendation:
63 - 77
Staff recommends City Council approve the Resolution authorizing a two-year agreement with Housing Authority of the City of Napa in an amount not-to-exceed $114,000 to continue their services as the contract housing authority for the City of St. Helena.
Staff Report - Pdf
7.5. Consideration and proposed adoption of a resolution adopting a list of project for Fiscal Year 2022-23 funded by SB1: The Road Repair and Accountability Act of 2017.
CEQA Determination: Exempt from the requirements of CEQA pursuant to Section 15301, Class 1, which exempts the operation, leasing, or minor alteration of existing facilities
Prepared By: Mandy Kellogg, Asst. Administrative Services Director Recommendation:
Adopt a resolution adopting a list of projects for fiscal year 2022-23 funded by SB1: The Road Repair and Accountability Act of 2017.
Staff Report - Pdf
79 - 83
7.6. April 2022 Review and Forecasting of City Water Supply Availability CEQA Determination: Exempt
Prepared By: Martin Beltran, Management Analyst
Recommendation:
Receive and file.
Staff Report - Pdf
85 - 89
7.7. Consideration and proposed adoption of the following: (1) Resolution approving Change Order #1 and Change Order #2 totaling $54,840 to the Construction Contract with Got Power doing business as CD & Power STH Contract: FY2021-094 for Emergency Back-up Power Project C20- 06 for a total not-to-exceed amount of $340,595.25 and (2) Resolution accepting the work and final project construction costs of $340,595.25 and directing the filing of the Notice of Completion for CIP Project C20- 06 Emergency Back-up Power
CEQA Determination: Class I Categorical Exemption under Section 15301 of CEQA
Prepared By: Martin Beltran, Management Analyst
Recommendation:
Staff recommends City Council adopt the two attached resolutions.
Staff Report - Pdf
91 - 107
7.8. Consideration and Proposed Approval of a Resolution Authorizing:
(1) Job Classifications, Job Descriptions, and Salary Scales for the following positions: Assistant City Manager and Treatment Plant Manager; and
(2) The Addition of Three Full-Time Equivalent Positions Effective Immediately as follows: (a) Assistant City Manager, (b) Management Analyst/Senior Management Analyst for the Administrative Services 109 - 126
Department, and (c) Treatment Plant Operator. (Staff report forthcoming Provided 5-22-22)
CEQA Determination: Not a CEQA project
Prepared By: James C. McCann, Interim City Manager
Recommendation:
Approval of the attached resolution.
Staff Report
8. PUBLIC HEARINGS
8.1. Discussion of potential activities and projects for inclusion in the 2022 Community Development Block Grant (CDBG) Applications.
Estimated start time: 6:35 p.m.
CEQA Determination: Not a CEQA project
Prepared By: Mandy Kellogg, Asst. Administrative Services Director Recommendation:
Provide direction on the activities and projects to be considered for funding under the 2022 Community Development Block Grant program.
Staff Report - Pdf
FY22 NOFA Potential CDBG Projects
127 - 165
8.2. 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 Estimated start time: 6:45 p.m.
CEQA Determination: Not a CEQA project
Prepared By: Chris Hartley, Chief of Police
Recommendation:
Recommend Approval of a Resolution Adopting the Saint Helena Police Department Policy 707 "Military Equipment".
Staff Report - Pdf
167 - 190
9. OLD BUSINESS
9.1. 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
Recommendation:
Staff recommends adopting a resolution appointing applicants to the Water and Wastewater Rate Study Customer Advisory Committee.
Staff Report - Pdf
191 - 215
9.2. Adoption of Resolution Making Findings and Determinations under AB 361 for the Continuation of Virtual Meetings and Discussion and Direction Regarding In-Person Meetings
Estimated start time: 7:10 p.m.
CEQA Determination: Not a CEQA project
Prepared By: Ethan Walsh, City Attorney
Recommendation:
Approve the Attached Resolution Making Findings and Determinations Under AB 361 and Consider Remaining in a Virtual Environment.
Staff Report - Pdf
Public Comment.Tom Belt
217 - 225
10. NEW BUSINESS
10.1. St. Helena Annual Chamber of Commerce Report
Estimated start time: 7:20 p.m.
CEQA Determination: Not a CEQA project
Prepared By: Preya Nixon, Asst. to the City Manager
Recommendation:
Receive and file.
Staff Report - Pdf
Public Comment.Ahren Trumble
Public Comment.KC Garrett
Public Comment.Linzi Gay
City Presentation 2021-2022 Updated
227 - 290
11. ITEMS LIKELY TO BE PLACED ON THE NEXT OR FUTURE MEETING AGENDA:
11.1. Provided prior to the meeting.
12. ADJOURNMENT
The next Regular City Council meeting is scheduled for June 14, 2022, at 6:00 p.m.
I do hereby certify that a copy of the foregoing agenda was posted on the City website on May 20, 2022. Republished May 22, 2022
Cindy Tzafopoulos, City Clerk
In Compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please call the City Clerk’s Office (707) 967-2792. Notification 72 hours prior to the meeting as required by
Section 202 of the Americans with Disabilities Act will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
CHALLENGING DECISIONS OF CITY ENTITIES
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City of St. Helena is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision, including without limitation Government Code section 65009 applicable to many land use and zoning decisions, Government Code section 66499.37 applicable to the Subdivision Map Act, and Public Resources Code section 21167 applicable to the California Environmental Quality Act (CEQA). Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred.
Government Code section 65009 and 66499.37, and Public Resources Code section 21167, impose shorter limitations periods and requirements, including timely service in addition to filing.
If a person wishes to challenge the above actions in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of St.
Helena, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.
SUPPLEMENTAL MATERIAL RECEIVED AFTER THE POSTING OF THE AGENDA Any supplemental writings or documents distributed to a majority of the City Council regarding any item on this Agenda, after the posting of the Agenda, will be available for public review in the City Clerk’s Office located at 1572 Railroad Avenue, St. Helena, California, during normal business hours and by appointment. In addition, such writings or documents will be made available on the City’s web site at https://sthelena.civicweb.net and will be available for public review at the respective meeting.
THE CITY OF ST. HELENA ENCOURAGES ONLINE PUBLIC PARTICIPATION IN
VIRTUAL CITY COUNCIL MEETINGS
St. Helena, CA– The City of St. Helena is committed to public participation in City government in a manner that is consistent with guidance provided by the Napa County Public Health Official and AB361. These guidelines relate to social distancing, and are intended to protect everyone by limiting the spread of COVID-19 in our community. In adherence to these guidelines, the St.
Helena City Council will host a Virtual Council Meeting on Zoom; a free teleconferencing tool that enables users to watch and/or call into the meeting from their computers or phones. This meeting will be open to public and allows for live public comment. The meeting will also be recorded, livestreamed, and posted on the City’s website after the adjournment of the meeting if technical difficulties occur: https://sthelena.civicweb.net/Portal/ The ZOOM web link, meeting ID, and phone number will be listed at the top of the City Council Meeting Agenda. You will be required to enter the meeting ID, but there will be no password or participant ID.
How to Watch or Listen to Council Meetings:
1. Watch on Comcast Channel 28
2. Watch the livestreaming video on the City’s website
3. Watch and Listen on Zoom.us by clicking on the link in the Council Agenda
4. Listen only by calling the Zoom number listed on the Council Agenda Watch Council Meeting by Joining the Zoom Meeting:
1. By Computer, Tablet, or Smart Phone:
1. Before joining the virtual City Council Meeting, it is highly encouraged that you download the Zoom App. To sign up for your own free account, visit zoom.us/signup and enter your email address. You will receive an email from Zoom ([email protected]). In this email, click Activate Account.
2. If you are logged into your account, Enter the Meeting ID listed on the City Council Agenda.
If you have not created an account go to: https://zoom.us/join and enter the Meeting ID
3. Select if you would like to connect audio and/or video and tap Join Meeting.
4. For specific instructions for your device, go to: https://support.zoom.us/hc/enus/articles/201362193-Joining-a-Meeting
1. Listen Only by Telephone:
1. Dial the number listed on the Council Agenda.
2. At the prompt, enter the Meeting ID provided on the top of the City Council Meeting Agenda and Press #. A participate ID is not required.
3. To disconnect from the meeting, hang up the phone.
Ways to Provide Public Comment:
While attending the virtual City Council Meeting, the public will have the opportunity to provide live public comment during Public Forum and after each agenda item. When it is the appropriate time for public comment the Mayor will verbally open public comment. At this time each individual is permitted 4 minutes to speak.
1. Send a Public Comment in by 4:00 PM Prior to the Meeting to:
[email protected]
The easiest way to provide public comment is to email your public comment. Public comments may be emailed to [email protected]. Please include in the subject line “COMMENT TO COUNCIL and the AGENDA ITEM”. Any public comment is required to be submitted no later than 2 hours before the scheduled meeting and will be included as an attachment to the agenda. All public comments will be made publicly available and attached to the agenda item and will not be read out loud. All public comments that are received after 4:00 PM will be attached to the agenda the following day.
2. Provide Comment through Zoom meeting from a computer, tablet, or smart phone This option allows the public to virtually attend the meeting as a muted ‘attendee’ with no video or screen sharing capabilities. You will be able to see and hear those participating in the meeting, but they will not be able to hear you until the host unmutes you.
If you wish to provide public comment during a specific agenda item or during public forum, you can use the “raise hand” feature located in the control panel at the bottom of your screen. The icon is a small blue hand. In Windows you can also use the Alt+Y keyboard shortcut to raise or lower your hand. In Mac you can also use the Option+Y keyboard shortcut to raise or lower your hand.
The host will be notified that you've raised your hand and you will be placed in a queue with all incoming requests.
When it is your turn to speak, you will be notified that the host has unmuted you. To be removed from the queue, just click the ‘raise hand’ button again.
3. Call in to the ZOOM meeting from a cell phone or landline phone only This option allows the member of the public with the opportunity to verbally participate in public comment.
If you wish to speak during public comment time dial *9 on your telephone.
The host will be notified that you would like to speak and you will be placed in a queue with all incoming requests.
When it is your turn to speak, you will be notified that the host has unmuted you. You may press *9 again if you wish to be removed from the queue.
You will be notified at the end of your statement that you have been muted.
4. Alternative Public Comment Via Telephone by Reservation If you would like to provide comments via telephone (not using Zoom) during the Council meeting, you can request a reservation from the City Clerk prior to 12:00 p.m. on the meeting day. The reservation request may be submitted to the City Clerk by emailing [email protected], or by calling (707) 968-2752. When submitting the request, please identify your name, your telephone number (including the area code first), and the agenda item number you would like to comment on. During the Council meeting, a representative from the City Clerk’s Office will call you when public comment is called for the requested item. You will then be able to provide your comments to the Council via telephone. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ En cumplimiento de la Ley de Estadounidenses con Discapacidades, si necesita asistencia especial para participar en esta reunión, llame a la Oficina del Secretaría de la Ciudad (707) 967- 2792. La notificación 72 horas antes de la reunión, como lo requiere la Sección 202 de la Ley de Estadounidenses con Discapacidades, permitirá a la Ciudad hacer arreglos razonables para garantizar la accesibilidad a esta reunión.
LA CIUDAD DE ST. HELENA ALIENTA LA PARTICIPACIÓN PÚBLICA EN LÍNEA EN
REUNIONES VIRTUALES DEL CONSEJO DE LA CIUDAD
St. Helena, CA– La Ciudad de St. Helena está comprometida con la participación pública en el gobierno de la Ciudad de manera que sea consistente con la guía proporcionada por el Oficial de Salud Pública del Condado de Napa y la Orden Ejecutiva N-25-20 del Gobernador Newsom. Estas pautas se relacionan con el distanciamiento social y están destinadas a proteger a todos al limitar la propagación de COVID-19 en nuestra comunidad. En cumplimiento de estas pautas, el Ayuntamiento de St. Helena organizará una Reunión del Consejo Virtual sobre Zoom; Una herramienta de teleconferencia gratuita que permite a los usuarios mirar y / o llamar a la reunión desde sus computadoras o teléfonos. Esta reunión estará abierta al público y permite comentarios públicos en vivo. La reunión también se grabará, se transmitirá en vivo y se publicará en el sitio web de la Ciudad después de la clausura de la reunión si se presentan dificultades técnicas:
https://sthelena.civicweb.net/Portal/
El enlace web de ZOOM, la identificación de la reunión y el número de teléfono se enumerarán en la parte superior de la Agenda de la reunión del Ayuntamiento. Se le pedirá que ingrese la ID de la reunión, pero no habrá contraseña ni ID de participante.
Cómo ver o escuchar las reuniones del Consejo:
1. Veala a través del canal 28 de Comcast
2. Vea el video de transmisión en vivo en el sitio web de la ciudad
3. Mire y escuche en Zoom.us haciendo clic en el enlace en la Agenda del Consejo
4. Escuche llamando al número de Zoom listado en la Agenda del Consejo Vea la reunión del Consejo uniéndose a la reunión Zoom:
1. Por computadora, tableta o teléfono:
a. Antes de unirse a la reunión virtual del Ayuntamiento, le recomendamos que descargue la aplicación Zoom. Para registrarse en su propia cuenta gratuita, visite zoom.us/signup e ingrese su dirección de correo electrónico. Recibirá un correo electrónico de Zoom (no[email protected]) . En este correo electrónico, haga clic en Activar cuenta. b. Si ha iniciado sesión en su cuenta, ingrese la ID de la reunión que figura en la Agenda del Ayuntamiento. Si no ha creado una cuenta, vaya a: https://zoom.us/join e ingrese la ID de la reunión
c. Seleccione si desea conectar audio y / o video y toque Unirse a la reunión. re. Para obtener instrucciones específicas para su dispositivo, vaya a: https://support.zoom.us/hc/enus/articles/201362193-Joining-a-Meeting
2. Escuche solo por teléfono:
a. Marque el número que figura en la Agenda del Consejo. b. Cuando se le solicite, ingrese la ID de la reunión provista en la parte superior de la Agenda de la reunión del Concejo Municipal y presione #. No se requiere una identificación de participación.
c. Para desconectarse de la reunión, cuelgue el teléfono Formas de proporcionar comentarios públicos:
Mientras asiste a la reunión virtual del Ayuntamiento, el público tendrá la oportunidad de proporcionar comentarios públicos en vivo durante el Foro Público y después de cada tema de la agenda. Cuando sea el momento apropiado para comentarios públicos, el Alcalde abrirá verbalmente los comentarios públicos. En este momento, cada individuo tiene permitido 4 minutos parahablar.
1. Envíe un comentario público por adelantado a
[email protected]
La forma más fácil de proporcionar comentarios públicos es enviar su comentario público por correo electrónico. Los comentarios públicos pueden enviarse por correo electrónico a [email protected] en la línea de asunto "COMENTARIO AL CONSEJO y el PUNTO DEL PROGRAMA". Cualquier comentario público debe presentarse a más tardar 2 horas antes de la reunión programada y se incluirá como un archivo adjunto a la agenda. Todos los comentarios públicos se harán públicos y se adjuntarán al articulo de la agenda y no se leerán en voz alta. Todos los comentarios públicos que se reciban después de las 4:00 PM se adjuntarán a la agenda al día siguiente.
• 2. Proporcione comentarios a través de la reunión Zoom desde una computadora, tableta o teléfono inteligente
Esta opción permite que el público asista virtualmente a la reunión como un "asistente" silenciado sin capacidades de video o pantalla compartida. Podrá ver y escuchar a los participantes en la reunión, pero no podrán escucharlo hasta que el anfitrión de permisio.
Si desea proporcionar comentarios públicos durante un elemento específico de la agenda o durante un foro público, puede usar la función "levantar la mano" ubicada en el panel de control en la parte inferior de la pantalla. El icono es una pequeña mano azul. En Windows también puede usar el atajo de teclado Alt + Y para subir o bajar la mano. En Mac también puedes usar el atajo de teclado Alt + Y para subir o bajar lamano.
Se le notificará al anfitrión que ha levantado la mano y se lo colocará en fila con todas las solicitudes entrantes
Cuando sea su turno de hablar, se le notificará que el anfitrión le ha dado permiso de hablar. Para ser retirado de la fila, simplemente haga clic de nuevo el botón “levantar la mano”.
3. Llame a la reunión de ZOOM desde un teléfono fijo o móvil solamente
Esta opción le permite al miembro del público la oportunidad de participar verbalmente en comentarios públicos.
Si desea hablar durante el tiempo de comentarios públicos, marque * 9 en su teléfono.
Se le notificará al anfitrión que le gustaría hablar y se colocará en fila con todas las solicitudes entrantes.
Cuando sea su turno de hablar, se le notificará que el anfitrión le ha dado permiso de hablar.
Puede presionar * 9 nuevamente si desea ser eliminado de la fila.
MINUTES
City of St. Helena
Special City Council Meeting
Tuesday, April 5, 2022 @ 10:30 AM
465 Main Street, St. Helena
A complete video recording of this meeting, except for closed session, can be found at https://sthelena.civicweb.net/Portal/ or by calling the City Clerk at (707) 968-2742. The City Council video is the official record of the Council meeting.
Present: Mayor Geoff Ellsworth, Vice Mayor Paul Dohring, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Eric Hall
Absent: None
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. ADOPTION OF THE AGENDA
4.1 Adoption of the agenda
City Clerk Cindy Tzafopoulos noted no changes to the agenda.
Council Member Anna Chouteau moved to adopt the agenda as presented.
The motion was seconded by Council Member Eric Hall and on roll call carried by the following vote:
AYES: Mayor Geoff Ellsworth, Vice Mayor Paul Dohring, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Eric Hall NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
5. PUBLIC COMMENT:
Under California law, public comments at special meetings are limited to subjects on the agenda only. Therefore, public comment will take place during consideration of the item.
6. NEW BUSINESS:
Agenda Item #7.1.
Special City Council
April 5, 2022
6.1 Preliminary Budget Forecast and Budget Priorities Discussion Interim City Manager McCann introduced the item and Administrative Services Director April Mitts presented on the item.
No public comment was received.
7. ADJOURNMENT
Mayor Ellsworth adjourned the meeting at 11:44 a.m.
APPROVED:
______________________________
Geoff Ellsworth, Mayor
ATTEST:
_________________________
Cindy Tzafopoulos, City Clerk
Agenda Item #7.1.
MINUTES
City of St. Helena
Regular City Council Meeting
Tuesday, April 26, 2022 @ 6:00 PM
Vintage Hall Board Room - Second Floor
465 Main Street, St. Helena
A complete video recording of this meeting, except for closed session, can be found at https://sthelena.civicweb.net/Portal/ or by calling the City Clerk at (707) 968-2742. The City Council video is the official record of the Council meeting.
Present: Mayor Geoff Ellsworth, Vice Mayor Paul Dohring, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Eric Hall
Absent: None
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. ADOPTION OF THE AGENDA
4.1 Adoption of the agenda
City Clerk Cindy Tzafopoulos noted no changes to the agenda.
Council Member Lester Hardy moved to adopt the agenda. The motion was seconded by Council Member Anna Chouteau and on roll call carried by the following vote:
AYES: Mayor Geoff Ellsworth, Vice Mayor Paul Dohring, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Eric Hall NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
5. PUBLIC FORUM:
No public comment was received.
6. REPORTS BY STAFF AND CITY COUNCIL, FUTURE AGENDA ITEMS, and AB 1234 REPORTS:
Agenda Item #7.1.
Regular City Council
April 26, 2022
Reports were made by staff and City Council Members.
City Attorney Ethan Walsh noted no reportable action from the special closed session City Council meeting of April 26, 2022.
Council Member Hall requested to agendize parking, specifically on the PG&E lot to the Special City Council Closed Session Meeting to be held on Thursday, April 28, 2022. Mayor Ellsworth supported.
7. STAFF BRIEFING
7.1 Waste Water Treatment Plant Construction Project Update by Eric Janzen, Asst. Public Works Director
Assistant Public Works Director Eric Janzen addressed the City Council.
8. PRESENTATIONS AND PUBLIC RECOGNITIONS
8.1 PG&E Presentation of downtown gas line replacement project by Mark Van Gorder, PG&E Local Government Affairs, North Bay
Mark Van Gorder, Arif Khalik and Brian Garber of PG&E Local Government Affairs, North Bay addressed the City Council.
8.2 St. Helena Fire Chief John Sorensen and St. Helena Fire Council Representative Chris Warner will Provide a Fire Season Overview and Fire Prevention Presentation.
Fire Chief John Sorensen and St. Helena Fire Council Representative Chris Warner and Jeff Farmer addressed the City Council.
8.3 Monarch & Pollinator Month May 2022 Proclamation St. Helena Presented to Erin Arnsteen, Western Monarch Society of Napa County
Erin Arnsteen addressed the City Council.
9. CONSENT ITEMS
Members of the Council or the public may ask that any items be considered individually for purposes of considering alternative action, for extended discussion, or for public comment. Unless that is done, one motion may be used to adopt all recommended actions. (Roll Call Vote)
9.1 Consideration and proposed approval of Special Meeting Minutes of March 25, 2022 and Regular Meeting Minutes of April 12, 2022.
Prepared By: Cindy Tzafopoulos, City Clerk
9.2 Consideration and proposed adoption of a resolution authorizing the City Manager to execute Amendment No. 2 to STH Contract: FY 2019-028 in the amount of $42,140, to the Professional Services Agreement with Oscar Larson Agenda Item #7.1.
Regular City Council
April 26, 2022
and Associates for designing CIP Projects: Tank 2 Rehabilitation W-101, Pump Station Upgrades W-106, and Rutherford Pump Station Upgrades W-110 for a total not-to-exceed amount of $239,830.
CEQA Determination: Exempt from the requirements of CEQA pursuant to Section 15301, Class 1, which exempts the operation, leasing, or minor alteration of existing facilities
Prepared By: Martin Beltran, Management Analyst
Recommendation:
Staff recommends City Council adopt the attached resolution.
9.3 Review and consideration of the 2021 St. Helena Annual Housing Element Progress Report.
CEQA Determination: Not a CEQA project
Prepared By: Aaron Hecock, Senior Planner
Recommendation:
It is recommended that the City Council review, consider and file this report recognizing that staff submitted the information to HCD and OPR in keeping with the April 1, 2022 mandate.
9.4 Adoption of Resolution Making Findings and Determinations under AB 361 for the Continuation of Virtual Meetings.
CEQA Determination: Not a CEQA project
Prepared By: Ethan Walsh, City Attorney
Recommendation:
Approve the Attached Resolution Making Findings and Determinations Under AB 361.
9.5 Consideration and proposed approval of a resolution authorizing a ceremonial flag recognizing LGBTQ Pride and Transgender Month during the month of June 2022
CEQA Determination: Not a CEQA project
Prepared By: Cindy Tzafopoulos, City Clerk
Recommendation:
Approve a resolution authorizing the Progress Pride flag and the Transgender flag to be flown on the City's ceremonial flag pole during the month of June 2022.
Item 9.6 was pulled from consent.
9.6 Quarterly Grant Report for FY 2022 Q2 for the period ending December 31, 2021 and Q3, for the period ending March 31, 2022.
9.7 March 2022 Review and Forecasting of City Water Supply Availability Agenda Item #7.1.
Regular City Council
April 26, 2022
CEQA Determination: Exempt
Prepared By: Martin Beltran, Management Analyst
Recommendation:
Receive and file.
9.8 Consideration and proposed approval of a resolution authorizing:
1) An agreement with the Housing Authority of the City of Napa (HACN) to administer the HOME Grant funded owner-occupied rehabilitation program; and
2) Adoption of the updated Housing Rehabilitation Program Guidelines.
CEQA Determination: Exempt from the requirements of CEQA under the “General Rule”, Section 15061 (b)(3), in that it can be seen with certainty that the proposed action will have no impact on the environment.
Prepared By: Mandy Kellogg, Asst. Administrative Services Director Recommendation:
It is recommended the City Council adopt a resolution authorizing:
1) The City Manager to execute the Intergovernmental Agreement for Services with the Housing Authority of the City of Napa (HACN) to administer the HOME Grant funded owner-occupied rehabilitation program; and 2) Adoption of the updated Housing Rehabilitation Program Guidelines.
Vice Mayor Paul Dohring moved to approve the Consent calendar, with the exception of item 9.6. The motion was seconded by Council Member Lester Hardy and on roll call carried by the following vote:
AYES: Mayor Geoff Ellsworth, Vice Mayor Paul Dohring, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Eric Hall NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
9.6 Quarterly Grant Report for FY 2022 Q2 for the period ending December 31, 2021 and Q3, for the period ending March 31, 2022.
CEQA Determination: Not a CEQA project
Prepared By: Mandy Kellogg, Asst. Administrative Services Director Recommendation:
Receive and file report.
Administrative Services Director April Mitts reported on the item.
No public comment was received.
Vice Mayor Paul Dohring moved to approve item 9.6. The motion was Agenda Item #7.1.
Regular City Council
April 26, 2022
seconded by Council Member Lester Hardy and on roll call carried by the following vote:
AYES: Mayor Geoff Ellsworth, Vice Mayor Paul Dohring, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Eric Hall NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
10. PUBLIC HEARINGS
10.1 Consideration and proposed adoption of the following:
Adopt a resolution recommending that the City Council approve the Mitigated Negative Declaration / Mitigation Monitoring and Reporting Program for the project, make the required findings; and Adopt a resolution making specific findings and recommending City Council approve the proposed Mills Lane Storm Drain Improvements Project.
This item was noticed to be heard at the November 9, 2021 regular City Council meeting and was subsequently continued to the December 14, 2021, January 11, 2022, January 25, 2022, February 8, 2022, February 22, 2022, March 8, 2022, April 12, 2022 and April 26, 2022 regular City Council meetings.
*This item will not be heard at the April 26, 2022 regular City Council meeting. In the event this item is ready for consideration it will be renoticed as a public hearing.
11. OLD BUSINESS
11.1 Discussion and proposed approval of a resolution rescinding Resolution 2019- 66 and amending Policy P-CC-0001 Outdoor Display of Governmental and Non-Governmental Flags on City Property
CEQA Determination: Not a CEQA project
Prepared By: Cindy Tzafopoulos, City Clerk
Recommendation:
Staff recommends adopting a resolution rescinding resolution 2019-66 and amending Policy P-CC-0001 Outdoor Display of Governmental and Commemorative or other Governmental Flags on City Property.
City Clerk Cindy Tzafopoulos presented on the item.
No public comment was received.
Agenda Item #7.1.
Regular City Council
April 26, 2022
It was the consensus of the City Council for staff to draft an updated policy stating that the POW MIA flag will be flown on the governmental flagpole below the USA flag and to bring back the policy to City Council at a subsequent meeting for approval on the consent calendar.
11.2 In-person City Council, Boards, Commissions, and Committee Meetings Discussion
CEQA Determination: Not a CEQA project
Prepared By: Cindy Tzafopoulos, City Clerk
Recommendation:
Staff is seeking City Council discussion and direction and recommends option #3.
City Clerk Cindy Tzafopoulos presented on the item.
No public comment was received.
It was the consensus of the City Council to use option three.
11.3 Discussion and direction regarding criteria to be considered in selection of Mayor if Measure G is approved by the voters
CEQA Determination: Not a CEQA project
Prepared By: Cindy Tzafopoulos, City Clerk
Recommendation:
Form an Ad Hoc Committee and provide direction.
City Clerk Cindy Tzafopoulos presented on the item.
No public comment was received.
Council Member Lester Hardy moved to appoint Council Member Hall and Mayor Ellsworth to the Ad Hoc Committee on the possible Mayoral selection process. The motion was seconded by Council Member Anna Chouteau and on roll call carried by the following vote:
AYES: Mayor Geoff Ellsworth, Vice Mayor Paul Dohring, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Eric Hall NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
Agenda Item #7.1.
Regular City Council
April 26, 2022
12. NEW BUSINESS
12.1 Formula Business Zoning Policy Discussion
CEQA Determination: Not a CEQA project
Prepared By: Maya DeRosa, Planning & Building Director
Recommendation:
Provide policy direction to staff regarding:
- Definition of formula business
- Regulation of formula retail and restaurants
- Adding use permit findings for formula businesses as suggested Planning and Building Director Maya DeRosa presented on the item.
No public comment was received.
It was the consensus of the City Council to approve the proposed update to the definition of a formula business, confirmed that 10 would be an acceptable threshold to use for our code definition, decided on option 2 for the regulation of our retail businesses, to leave the formula restaurant status quo as prohibited as they are currently and including the Use Permit findings as noted in the staff report.
13. ITEMS LIKELY TO BE PLACED ON THE NEXT OR FUTURE MEETING AGENDA:
13.1 May City Council Meetings:
5/10 (Staff reports due 4/22)
5/24 (Staff reports due 5/6)
Presentation
5/10 Napa County Landmarks (NCL) May is Historic Preservation Month Proclamation
STAFF BRIEFING:
5/24 WWTP construction project regular progress/status reports. 5/10 Utility rate study update
CONSENT:
5/24 Consideration and action on a Resolution to amend the existing two year agreement with Housing Authority of the City of Napa to provide contract housing authority services (originally approved for an amount not to exceed $88,114 for the two year period) for an increased overall contract amount of $9,347 to cover anticipated increased costs over the remaining term of the contract. 5/10 Amendment No. 5 to Water Supply Agreement Between City of Napa and City of St Helena
PH or OLD / NEW BUSINESS:
5/24 Gun Safe Storage Ordinance
Agenda Item #7.1.
Regular City Council
April 26, 2022
5/10 Utility rate study ad hoc appointments
PH 5/24 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).
PH Mills Lane
OB Water Penalty Discussion
OB Financial Policy Update
formula business policy
OB Discussion, direction, and proposed approval of a resolution (1) rescinding Resolution 2017-75 and amending Policy P-CC-0001 Outdoor Display of Governmental and Non-Governmental Flags on City Property and (2) authorizing a ceremonial flag recognizing LGBTQ Pride Month during the month of June.
Consideration and proposed approval of a resolution: (1) approving Revision No. 3 to City Council Policy P-FI-0016 Financial Policy related to: (a) compliance with GASB Statement No. 98 updating the name, "Comprehensive Annual Financial Report" to "Annual Comprehensive Financial Report", (b) update language related to financing Capital Improvement Projects and (2) repealing an rescinding any previous policies or administrative memoranda which are inconsistent with City Council Policy P-FI-0016 Financial Policy, Revision No. 3.
5/10 Raftelis contract amendment and Utility Rate Study Council discussion
5/10 Water Supply report
5/26 Chamber PSA and presentation
Consideration and Proposed Approval of a Resolution adding a Utility Manager Position to Oversee both Water and Wastewater Operation Plants Public Works - Water/Wastewater Treatment Plants
June City Council Meetings:
6/14 (Staff reports due 5/27)
6/28 (Staff reports due 6/10)
PH or OLD / NEW BUSINESS:
6/14 Consideration and Proposed Approval of a Resolution Temporarily Waiving Sign Fees for Business Recovery for Additional Twelve Months.
14. ADJOURNMENT
Mayor Ellsworth adjourned the meeting at 8:38 p.m.
The regular City Council meeting minutes of April 26, 2022 were adopted at the Agenda Item #7.1.
Regular City Council
April 26, 2022
regular City Council meeting of May 10, 2022.
APPROVED:
______________________________
Geoff Ellsworth, Mayor
ATTEST:
_________________________
Cindy Tzafopoulos, City Clerk
Agenda Item #7.1.
MINUTES
City of St. Helena
Regular City Council Meeting
Tuesday, May 10, 2022 @ 6:00 PM
A complete video recording of this meeting, except for closed session, can be found at https://sthelena.civicweb.net/Portal/ or by calling the City Clerk at (707) 968-2742. The City Council video is the official record of the Council meeting.
Present: Mayor Geoff Ellsworth, Vice Mayor Paul Dohring, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Eric Hall
Absent: None
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. ADOPTION OF THE AGENDA
4.1 Adoption of the agenda
City Clerk Cindy Tzafopoulos noted no changes to the agenda.
Council Member Lester Hardy moved to adopt the agenda. The motion was seconded by Council Member Anna Chouteau and on roll call carried by the following vote:
AYES: Mayor Geoff Ellsworth, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Eric Hall
NOES: None
ABSENT: Vice Mayor Paul Dohring
ABSTAIN: None
RECUSE: None
5. PUBLIC FORUM:
No public comment was received.
6. REPORTS BY STAFF AND CITY COUNCIL, FUTURE AGENDA ITEMS, and AB 1234 REPORTS:
Reports were made by staff and City Council.
Agenda Item #7.1.
Regular City Council
May 10, 2022
City Attorney Ethan Walsh noted no reportable action was taken at the Special City Council Closed Session meetings of May 5, 2022 and May 7, 2022.
Council Member Chouteau requested the City Council agendize a Resolution to support age friendly communities and agree to apply for the age friendly designation.
Mayor Ellsworth supported. Staff will place this item on a future agenda for Council consideration.
Vice Mayor Dohring joined the meeting.
Mayor Ellsworth requested Upper Valley Waste Management Agency representation to provide information on rate increase percentages and timelines, as well as analysis of the composition of mulch and compost for potential chemical levels. As a representative, Council Member Chouteau will work with the agency to provide the information requested.
7. PRESENTATIONS AND PUBLIC RECOGNITIONS
7.1 Napa County Landmarks (NCL) May is Historic Preservation Month Proclamation presented to Vince Traverso, NCL Board Member Mayor Ellsworth reported on the item.
Vince Traverso, NCL Board Member addressed the City Council.
7.2 Proclamation Declaring National Older American’s Month May 2022 Presented to Julie Spencer, Founding Executive Director for the Rianda House Council Member Chouteau reported on the item.
Julie Spencer, Founding Executive Director for the Rianda House addressed the City Council.
8. CONSENT ITEMS
Members of the Council or the public may ask that any items be considered individually for purposes of considering alternative action, for extended discussion, or for public comment. Unless that is done, one motion may be used to adopt all recommended actions. (Roll Call Vote)
Item 8.1 was continued to the Regular City Council meeting of June 14, 2022.
8.1 Consideration and proposed approval of Special Meeting Minutes of April 5, Agenda Item #7.1.
Regular City Council
May 10, 2022
2022 and Regular Meeting Minutes of April 26, 2022 (Forthcoming)
8.2 Consideration and Proposed Authorization to Accept a Donation of Art (Mural) to be Installed at the St. Helena Public Library
CEQA Determination: Not a CEQA project
Prepared By: Chris Kreiden, Library Director
Recommendation:
St. Helena Library Board of Trustees recommends City Council authorize the acceptance of the donation and direct staff and the Library Board of Trustees to oversee the approval process of the mural.
8.3 Proposed approval of a resolution rescinding Resolution 2019-66 and amending Policy P-CC-0001 Outdoor Display of Governmental and NonGovernmental Flags on City Property CEQA Determination: Not a CEQA project
Prepared By: Cindy Tzafopoulos, City Clerk
Recommendation:
Staff recommends adopting a resolution rescinding resolution 2019-66 and amending Policy P-CC-0001 Outdoor Display of Governmental and Commemorative or other Governmental Flags on City Property.
8.4 Consideration and Proposed Approval of a Resolution Unfreezing the Police Officer Position
CEQA Determination: Not a CEQA project
Prepared By: April Mitts, Administrative Services Director Recommendation:
Staff recommends the City Council adopt the attached resolution.
8.5 Consideration and Proposed Approval of a Resolution authorizing the City Manager to execute Amendment No. 3 to Professional Services Agreement STH Contract: FY2021-071 with Noll & Tam Architects in the amount of $23,983 for Phase I of the Napa Valley College tenant improvements at the City of St. Helena for a total contract amount not-to-exceed $191,560.
CEQA Determination: Not a CEQA project
Prepared By: Preya Nixon, Asst. to the City Manager
Recommendation:
Adopt Resolution authorizing the City Manager to execute Amendment No. 3 to Professional Services Agreement STH Contract: FY2021-071 with Noll & Tam Architects in the amount of $23,983 for Phase I of the Napa Valley College tenant improvements at the City of St. Helena for a total contract amount notto-exceed $191,560
8.6 Consideration of Proposal Approval of a Resolution Authorizing Amendment #4 Agenda Item #7.1.
Regular City Council
May 10, 2022
to the Professional Services Agreement STH Contract: 2017-082 with Dudek for an Additional $80,393 for a Total Not-to-Exceed Contract Amount of $446,554 in Order to Complete the Hunter Subdivision Final Environmental Impact Report.
CEQA Determination: Exempt
Prepared By: Maya DeRosa, Planning & Building Director
Recommendation:
Staff recommends the City Council approve a resolution authorizing Amendment #4 to the professional services agreement with Dudek for an additional $80,393 for a total not-to-exceed contract amount of $446,554.
8.7 Consideration and proposed adoption of a resolution authorizing the City Manager or designee to execute Amendment No. 5 to the City of Napa Water Supply Agreement (City of Napa Agreement No. 9381)
CEQA Determination: Not a CEQA project
Prepared By: Martin Beltran, Management Analyst
Recommendation:
Staff recommends City Council adopt the attached resolution.
8.8 Consideration and Adoption of a Proposed Resolution Approving the Plans and Specifications for the Napa Valley College Tenant Improvements and Authorizing Advertisement for Bids, Project No. C22-0001 CEQA Determination: Class I Categorical Exemption under Section 15301 of CEQA
Prepared By: Preya Nixon, Asst. to the City Manager
Recommendation:
Consideration of a Resolution approving the plans and specifications for the Napa Valley College Tenant Improvements, Project No. C22-0001 and authorizing advertisement for bids.
Vice Mayor Paul Dohring moved to approve Consent items 8.2 through 8.8.
The motion was seconded by Council Member Lester Hardy and on roll call carried by the following vote:
AYES: Mayor Geoff Ellsworth, Vice Mayor Paul Dohring, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Eric Hall NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
9. OLD BUSINESS
9.1 Presentation from Raftelis on Water and Wastewater rate setting, review of Agenda Item #7.1.
Regular City Council
May 10, 2022
different rate structures, and outline of the proposed rate study process and schedule.
CEQA Determination: Not a CEQA project
Prepared By: Mandy Kellogg, Asst. Administrative Services Director Recommendation:
Receive and file.
Administrative Services Director April Mitts reported on the item.
Raftelis Consultant Kevin Kostiuk presented on the item.
Project Director Jim Armstrong addressed the City Council.
Tom Belt addressed the City Council for public comment.
9.2 City Council discussion and direction of proposed responsibilities and criteria for the Citizen Advisory Committee related to the Water and Wastewater Rate Study.
CEQA Determination: Not a CEQA project
Prepared By: Mandy Kellogg, Asst. Administrative Services Director Recommendation:
Provide direction for proposed responsibilities and criteria for the Citizen Advisory Committee related to the Water and Wastewater Rate Study.
Interim City Manager McCann and Administrative Services Director April Mitts reported on the item.
Project Director Jim Armstrong addressed the City Council.
Garry Rose, Kelly, Elaine de Man addressed the City Council for public comment.
It was the consensus of the City Council for the Committee to be comprised of a diverse group of individuals reflecting various interests, with the cap of members to be at least five but up to seven, and having a Council Member serve as a liaison instead of a voting member.
10. ITEMS LIKELY TO BE PLACED ON THE NEXT OR FUTURE MEETING AGENDA:
10.1 5/24May City Council Meetings:
5/24 (Staff reports due 5/6)
Presentation
STAFF BRIEFING:
Agenda Item #7.1.
Regular City Council
May 10, 2022
5/24 WWTP construction project regular progress/status reports.
CONSENT:
5/24 Consideration and action on a Resolution to amend the existing two year agreement with Housing Authority of the City of Napa to provide contract housing authority services (originally approved for an amount not to exceed $88,114 for the two year period) for an increased overall contract amount of $9,347 to cover anticipated increased costs over the remaining term of the contract. 5/24 FY23 GANN Limit
5/24 Consideration and Proposed Approval of a Resolution Adopting the Five-Year Capital Improvement Program for Fiscal Years 2022- 23 to 2026-27.
5/24 Discussion of ACM and Senior Management Analyst Positions 5/24 FY 2021 Audited Financials
5/24 adoption of FY 2023-27 CIP List
5/24 CTC/CENIC Contract for Library Internet
5/24 C20-06 Emergency Back-up Power Notice of Completion 5/24 Vine Trail Improvements
5/24 Consideration and proposed adoption of a resolution adopting a list of project for Fiscal Year 2022-23 funded by SB1: The Road Repair and Accountability Act of 2017.
PH or OLD / NEW BUSINESS:
5/24 Gun Safe Storage Resolution
PH 5/24 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).
5/24 Water/Wastewater Citizen Advisory Committee Appointments OB 5/24 Water Penalty Discussion
PH 5/24 CDBG 2022 NOFA
PH 5/24 Update Purchasing Policy
OB Consideration and proposed approval of a resolution: (1) approving Revision No. 3 to City Council Policy P-FI-0016 Financial Policy related to: (a) compliance with GASB Statement No. 98 updating the name, "Comprehensive Annual Financial Report" to "Annual Comprehensive Financial Report", (b) update language related to financing Capital Improvement Projects and (2) repealing an rescinding any previous policies or administrative memoranda which are inconsistent with City Council Policy P-FI-0016 Financial Policy, Revision No. 3.
5/10 Raftelis contract amendment and Utility Rate Study Council discussion
5/10 Water Supply report
5/24 Chamber Annual Report
Agenda Item #7.1.
Regular City Council
May 10, 2022
5/24 3rd Quarter Finance Report
June City Council Meetings:
6/14 (Staff reports due 5/27)
6/28 (Staff reports due 6/10)
CONSENT:
6/14 Award of Contract to MarinIT for Information Technology Upgrades as part of the Napa Valley College Tenant Improvements PH or OLD / NEW BUSINESS:
6/14 Consideration and Proposed Approval of a Resolution Temporarily Waiving Sign Fees for Business Recovery for Additional Twelve Months.
6/14 Consideration and Proposed Approval of a Resolution Temporarily Waiving Sign Fees for Business Recovery for Additional Twelve Months.
Budget & CIP
6/28 Chamber PSA
11. ADJOURNMENT
Mayor Ellsworth adjourned the meeting at 8:25 p.m.
The regular City Council meeting minutes of May 10, 2022 was adopted at the regular City Council meeting of May 24, 2022.
APPROVED:
______________________________
Geoff Ellsworth, Mayor
ATTEST:
_________________________
Cindy Tzafopoulos, City Clerk
Agenda Item #7.1.
MINUTES
City of St. Helena
Special City Council Meeting
Tuesday, May 17, 2022 @ 9:00 AM
A complete video recording of this meeting, except for closed session, can be found at https://sthelena.civicweb.net/Portal/ or by calling the City Clerk at (707) 968-2742. The City Council video is the official record of the Council meeting.
Present: Mayor Geoff Ellsworth, Vice Mayor Paul Dohring, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Eric Hall
Absent: None
1. CALL TO ORDER
2. ROLL CALL
3. ADOPTION OF THE AGENDA
3.1 Adoption of the agenda
City Clerk Cindy Tzafopoulos noted no changes to the agenda.
Council Member Anna Chouteau moved to adopt the agenda. The motion was seconded by Council Member Lester Hardy and on roll call carried by the following vote:
AYES: Mayor Geoff Ellsworth, Vice Mayor Paul Dohring, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Eric Hall NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
4. PUBLIC COMMENT:
5. NEW BUSINESS:
5.1 Consideration and award of Non-Profit Grant Application funding through the Non-Profit Grant Program in the Fiscal Year (FY) 2022/23 Operations Budget in the amount of $135,085 and approval of resolution authorizing the City Manager to enter into a multi-year Non-Profit Funding Agreement with Boys and Girls Club, Rianda House Senior Center, and UpValley Family Centers in the amount of $30,000 each for a total of $90,000 per year.
Agenda Item #7.1.
Special City Council
May 17, 2022
CEQA Determination: Not a CEQA project
Prepared By: Mandy Kellogg, Asst. Administrative Services Director Recommendation:
It is recommended that the City Council approve the following:
1. Approve funding to be included in the FY 2022/23 Operations Budget as follows:
a. Non-Profit Grant Program Funding - Cafeteria for Kids $1,000, Cinema Napa Valley $2,500, Collabria Care $10,000, Friends of the Cameo $8,250, Mentis $15,000, Napa County Bicycle
Coalition $5,500, Nimbus Arts $5,000, Our Town St. Helena $10,000, St. Helena Catholic Church $10,000, St. Helena Community Garden $2,460, St. Helena Cooperative Nursery $10,000, St. Helena Farmers Market $8,775, St. Helena Fire Safe Council $7,500, St. Helena Historical Society $10,000, St. Helena Little League $7,500, St. Helena Preschool for All $10,000, Sustainable St. Helena $4,000, The White Barn $2,600, and UpValley Family Centers $5,000.
b. Non-Profit Grant Funding Agreements - Boys and Girls Club $30,000, Rianda House Senior Center $30,000, and UpValley Family Centers $30,000.
c. The total aggregate amount of funding for FY 2022/23 is $225,085.
2. Approval of a resolution authorizing the City Manager to:
a. Enter into and execute a multi-year Non-Profit Funding Agreement with Boys and Girls Club, Rianda House Senior Center, and UpValley Family Centers in the amount of $30,000 each for a total of $90,000 per year.
b. Authorize and accept any and all non-substantive amendments to the draft agreement that are deemed necessary to finalize the agreement.
Interim City Manager Jim McCann introduced the item.
Assistant Administrative Services Director Mandy Kellogg presented on the item.
Julie Spencer and Maury Robertson (Rianda House); and Cambria Kirby (UpValley Family Centers) addressed the City Council for public comment under part one.
Rick Crebs, Kara Vernor (Napa County Bicycle Coalition), Tracy RodriguezBiggs, Cambria Kirby, UpValley Family Centers addressed the City Council for public comment under part two.
Agenda Item #7.1.
Special City Council
May 17, 2022
Vice Mayor Paul Dohring moved to authorize the City Manager to enter into and execute a multi-year Non-Profit Funding Agreements and authorize the City Manager to authorize and accept any and all non-substantive amendments to the draft agreement necessary to finalize the agreements. The motion was seconded by Council Member Anna Chouteau and on roll call carried by the following vote:
AYES: Mayor Geoff Ellsworth, Vice Mayor Paul Dohring, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Eric Hall NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
Vice Mayor Paul Dohring moved to approve the funding recommendations as outlined in the staff report. The motion was seconded by Council Member Anna Chouteau and on roll call carried by the following vote:
AYES: Mayor Geoff Ellsworth, Vice Mayor Paul Dohring, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Eric Hall NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
6. ADJOURNMENT
Mayor Ellsworth adjourned the meeting at 10:18 a.m.
The special City Council meeting minutes of May 17, 2022 were approved at the regular City Council meeting of May 24, 2022.
APPROVED:
______________________________
Geoff Ellsworth, Mayor
ATTEST:
_________________________
Cindy Tzafopoulos, City Clerk
Agenda Item #7.1.
Report to the City Council
Regular City Council - 10 May 2022
Agenda Section: CONSENT ITEMS
Subject: Consideration and Proposed Approval of a Resolution Authorizing the City Manager to Execute an Agreement
Between the City of St. Helena and Columbia
Telecommunications Corporation d/b/a CTC Technology and Energy for the Provision and Maintenance of Advanced
Network (Data) Services for the St. Helena Public Library CEQA
Determination:
Not a CEQA project
Prepared By: Chris Kreiden, Library Director
Reviewed By: April Mitts, Administrative Services Director Approved By: James C. McCann, Interim City Manager
BACKGROUND
On February 14, 2017, the St. Helena City Council approved an agreement between the City of St. Helena and Califa for the provision, installation, and maintenance of advanced data network services. This agreement provides the St. Helena Public Library with 1G internet service delivered by the Center for Education Network Initiatives in California (CENIC) and its California Research & Education Network (CalREN), a multi-tiered, highcapacity fiber-optic-based network designed to meet the requirements of all higher education institutions, K-12 schools, libraries, and many other public-serving California institutions. The CalREN backbone includes roughly 8,000 miles of CENIC-owned and managed fabric, last mile fiber, and hundreds of optical components.
The California Library Connect Program (formerly the High Speed Broadband in California Public Libraries) supports California public libraries by connecting them to highspeed internet through CalREN. One of the key elements of the program is to leverage federal E-rate discounts and California Teleconnect Fund (CTF) discounts on the library’s behalf. In order to participate in the program and receive the discounts, the City had to enter into an agreement with Califa, a non-profit library consortium, which was the Agenda Item #7.2.
Statewide Broadband Aggregator on behalf of the California State Library and therefore managed the project and acted as the administrative arm for the State Library in developing contracts with participating libraries for circuits and use of the CalREN network. As of March 3, 2022, the California State Library has appointed Columbia Telecommunications Corporation d/b/a CTC Technology and Energy (“CTC”), to assume the rights and responsibilities and perform the functions of the Statewide Broadband Aggregator that were previously performed by Califa.
DISCUSSION
The attached agreement terminates any prior agreements entered into between the City of St. Helena and any entity previously serving as the Broadband Administrator for the purpose of participating in the California Library Connect Program.
FISCAL IMPACT
Under this new agreement, costs would remain the same for the Library’s connection to CalREN. Before the rebate provided through the California Library Connect Program is received, the cost of providing this service is $813 per month. However, once the E-rate and California Teleconnect Fund (CTF) discounts are applied, the rate drops to $162.60 monthly, not including taxes and surcharges. Discounts are applied in arrears due to the reimbursement mechanism used by the federal government. Reimbursements are currently banked with Califa and used to lower the monthly payment to the discounted amount. The reimbursement will now be banked with CTC. This year the City received reimbursement for FY20/21.
RECOMMENDED ACTION
Staff recommends the City Council adopt the resolution authorizing the City Manager to execute the agreement between the City of St. Helena and Columbia Telecommunications Corporation d/b/a CTC Technology and Energy for the provision and maintenance of advanced network services for the Library.
ATTACHMENTS
St. Helena_CLC_Contract_
Resolution for CTC Library CalREN contract
Agenda Item #7.2.
Master Agreement Page 1 of 7
AGREEMENT BETWEEN CITY OF ST. HELENA AND COLUMBIA
TELECOMMUNICATIONS CORPORATION
FOR THE PROVISION, INSTALLATION AND MAINTENANCE OF
ADVANCED NETWORK (DATA) SERVICES
This Agreement, hereinafter referred to as “Agreement”, is entered into as of May 24, 2022 by and between Columbia Telecommunications Corporation d/b/a CTC Technology and Energy, hereinafter referred to as “CTC” and City St. Helena on behalf of the St. Helena Public Library, hereinafter referred to as “Library”. CTC and Library are sometimes referred to in this Agreement individually as “Party” and collectively as “Parties”. All written communications between the parties shall be addressed as follows unless and until amended in writing by the respective party.
City of St. Helena
Chris Kreiden
Library Director
1492 Library Lane
Saint Helena, CA 94574
[email protected]
CTC Technology and Energy
Heather D. Mills
Vice President, Grant & Funding Strategies
10613 Concord Street
Kensington, MD 20895
[email protected]
WITNESS THAT
WHEREAS, CTC, is the Statewide Broadband Access Administrator for the California State Library Broadband Services Project (“Project”); and
WHEREAS, CTC, on behalf of the California State Library, has contracted with the Corporation for Education Network Initiatives in California (“CENIC”) and its subsidiaries to provide high speed networking to libraries in California; and
WHEREAS, Library desires to enter into an agreement with CTC to obtain one or more data circuits to connect Library to the CENIC high speed broadband fiber network, CalREN, and, if specified in Appendix #1, attached, to connect Library to other library sites as identified in said Appendix for the purpose of connecting to CalREN.
NOW THEREFORE, Library and CTC enter into this Agreement:
1. Purpose
It is the purpose of this Agreement to set forth the terms and conditions applicable to the provision of communications and related network services to Library under the Project.
2. Services to be Provided
Parties understand that the primary communications infrastructure provided by CENIC is the California Research and Education Network ("CalREN"). Services that CENIC will provide to Libraries will include use of CalREN and contracting for and provision of data circuits supplied by network service providers.
Agenda Item #7.2.
Master Agreement Page 2 of 7
CTC, on behalf of Library, will contract with CENIC for such data circuits. Specific circuits and their costs are included in the Appendix #1 attached which may be amended from time to time by mutually signed Addenda (“Services”). CTC assures Library that CENIC or CTC will notify Library of installation requirements and necessary maintenance instructions. Neither CENIC nor CTC shall be responsible for operating or maintaining software, equipment or cabling that connects equipment or network services not provided by CENIC for the Services unless specifically agreed to in writing by CENIC.
Parties agree to provide notice to the other Party within 10 calendar days of a failure by CENIC or the network service provider to deliver Services, or otherwise comply with the terms as described in this Agreement, including Appendix #1 and subsequent Addenda. If noticed non-performance is not cured in a timely manner, Parties agree to meet within 10 days of said notice and discuss appropriate remedies including but not limited to cancellation of related services or service credits as specified in the underlying agreements between CENIC and its network service provider and CTC and CENIC.
Library is responsible for calculating and paying any early termination penalties that might apply due to cancellation of existing connections so that it may receive Services under this Agreement.
Library is responsible for completing, signing, and submitting any required Letter of Agency, or related documentation, to confirm its participation in and eligibility for the E-rate Consortia and to authorize CENIC, as the E-rate Consortia lead, to act on its behalf as described under the Letter of Agency for the purpose of securing E-rate discounts.
Library is further responsible for completing, signing, and submitting any responsible Letter of Authorization, or related documentation, to the California Public Utilities Commission to authorize CTC and CENIC to act on its behalf to submit an application and supporting documentation for the purpose of receiving discounts on eligible network services as part of the California Teleconnect Fund program.
If Library is currently receiving E-rate funding for its existing services, Library remains responsible for continuing to apply for that E-rate funding until all CENIC Services are turned up and existing E-rate supported services are canceled.
3. Term and Termination of this Agreement
(a) TERM OF THIS AGREEMENT. This Agreement shall be in effect fromMay 24, 2022 until the termination of all Services including the circuits ordered under this Agreement (as defined in Appendix #1: CENIC Circuit Quote and any subsequent Addenda under this Agreement), or unless otherwise terminated by a Party pursuant to the terms of this Agreement. Specific terms for the circuits provided pursuant to this Agreement shall depend on the specific date such circuit is “handed off” to Library pursuant to Appendix #1 or subsequent Addenda or as noticed in writing by CENIC to Library. (b) TERMINATION. Termination of this Agreement prior to the end date of any given circuit, as described in Appendix #1 or subsequent Addenda, shall result in Library paying any applicable circuit telecommunications carrier termination charges or similar early termination charges that CTC incurs under its agreement with CENIC resulting from early termination of the Service.
Agenda Item #7.2.
Master Agreement Page 3 of 7
(c) Notwithstanding the above, upon a sixty (60) day written notice prior to the second and each following June 30 after a circuit is installed, Library may cancel a circuit without penalty if it verifies to CTC and CENIC that funding to pay for that circuit is not available and Library agrees that for at least 12 months after said notice it will not order or otherwise obtain a replacement circuit or substantially similar services in place of the cancelled circuit. (d) Library may terminate this Agreement with no penalty if non-recurring, one-time costs for all circuits included in Appendix #1 and any subsequent Addenda are materially increased by the telecommunications carrier from the amount shown in Appendix #1. (e) CTC may terminate this Agreement or assign its rights and responsibilities under this Agreement to a third party upon no less than sixty (60) day written notice to Library, in the event of termination or expiration of its duties and obligations under the Project and with written approval of the California State Library.
4. Payment
CTC bills quarterly in arrears. Payment for services shall be due within thirty (30) days of receipt of a CTC invoice reflecting provision of the services for which the invoice is sent; or as otherwise agreed to by Library and CTC. Except for non-recurring costs, if any, costs in Appendix #1 and any subsequent Addenda shall only begin upon installation of circuit(s). Library will put forth reasonable efforts to make payments within thirty (30) days after receipt of invoice. Library understands and agrees that CTC will only make payment to CENIC for services upon receipt of related payments from Library. If Library fails to make payments within thirty (30) days after receipt of invoice, it agrees to pay any reasonable late payment fees incurred by CTC under its agreement with CENIC.
Unless otherwise agreed to between the Parties, all circuit deployment fees, if any as set forth in Appendix #1 and subsequent Addenda are non-cancelable and nonrefundable. Upon termination of this Agreement, or any Services provided under this Agreement, any outstanding circuit deployment fees, outstanding recurring charges, non-recurring fees, applicable circuit termination charges, and applicable early termination penalties, shall become due and payable immediately upon termination.
5. Miscellaneous
(a) CONDITIONS OF USE. Library agrees to conform to the CENIC Appropriate Use Policy located at https://cenic.org/network/policies/acceptable-use-policy (revised September 13, 2004) and to any specific conditions of use imposed by network service providers or subcontractors providing communications services to CENIC as may be in force at the time such services are made available, including pursuant to an Addendum to this Agreement. If CENIC, subcontractors, or network service provider conditions of use are modified, Library will be notified and if Library believes it can no longer conform to their requirements, Library shall have one hundred eighty (180) days from the notice of the modification to terminate the affected Service(s) without penalty. Library must provide a 30-day written notice of its termination under this provision to CTC and CENIC. If Library does not elect to terminate the Service(s), Library must conform to the revised conditions of use. If Library fails to conform to the revised conditions of use, the Services may be subject to termination upon sixty (60) day notice to Library from CTC or CENIC.
Agenda Item #7.2.
Master Agreement Page 4 of 7
(b) CONFLICTING CLAUSES. If any clause in this Master Agreement is in conflict with a clause in an Addendum to this Agreement, the language in the Addendum shall take precedence only for the service defined in that Addendum. (c) FORCE MAJEURE. Neither Party shall be responsible for performance of its obligations hereunder where prevented, delayed, or hindered by war, riots, embargoes, strikes involving third parties, acts of third party communications service providers, including any local access provider, or of their vendors, or suppliers unrelated to the services offered under this Agreement, acts of unrelated third parties, accidents, cable cuts by third parties not related to services provided under this Agreement, natural disasters, act(s) of God or any other event beyond the reasonable control of the Parties.
(d) GOVERNING LAW. The laws of the State of California shall govern this Agreement. (e) NON-LIBRARY USES: Library understands that this agreement covers only library use of CalREN and of circuits provided hereunder and Library agrees that no other uses will be made of the services provided herein.
6. Entire Agreement
This Agreement and any Addenda contemporaneously or subsequently executed by the parties constitute the entire Agreement between the parties regarding the subject matter of this Agreement and supersede all prior written or oral agreements with respect to such. This Agreement may not be modified orally, and no modification or amendment shall be binding unless in writing and signed by authorized representatives of both parties.
7. General Provisions
7.1 Nondiscrimination: During the performance of this Agreement, (a) CTC and its subcontractors shall not deny the Agreement’s benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age (over 40) or sex. (b) CTC shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.
7.2 Severability: It is expressly agreed and understood by the Parties hereto that if any provision of this Agreement is held to be or invalid under any applicable statute or rule of law, it is deemed to that extent to be omitted. However, the balance of the Agreement shall remain in full force and effect.
7.3 Rights and Remedies: The rights and remedies of the Parties provided herein shall not be exclusive and are in addition to any other rights and remedies provided by law.
7.4 Prior Agreements: Library agrees that any prior agreements entered into between any entity that previously served as the Broadband Administrator and the Library for the purpose of participating in the CENIC E-Rate Consortium or receiving services pursuant to that program has been terminated.
Agenda Item #7.2.
Master Agreement Page 5 of 7
8. Indemnification. Library agrees to indemnify, defend and save harmless CTC, its, officers, agents and employees from any and all claims, losses, and liabilities accruing or resulting to CTC and any and all contractors, subcontractors, suppliers, laborers and any other person, firm or corporation furnishing or supplying work services, materials or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Library in the performance of this Agreement, but only in proportion to and in the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of Library, its officers, agents, or employees. CTC agrees to indemnify , defend, and save harmless Library, its trustees, officers, agents and employees from any and all liabilities accruing or resulting to Library and any and all contractors, subcontractors, suppliers, laborers and any other person, firm or corporation furnishing or supplying work services, materials or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by CTC in the performance of this Agreement, but only in proportion to and in the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of CTC, its officers, agents, or employees.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized representatives.
For Library For Columbia Telecommunications Corporation Signature Signature
James C. McCann Joanne S. Hovis
Name Name
Interim City Manager President
Title Title
Date Date
Agenda Item #7.2.
Master Agreement Page 6 of 7
Appendix #1
Provision, Installation and Maintenance
Of Advanced Network (Data) Services:
Reimbursement of Circuit Costs
This Appendix lists the circuits contracted for by CENIC on behalf of CTC and the Library for connecting CENIC’s fiber optic backbone to Library and for library connections that are not direct connections to CENIC’s fiber optic backbone, e.g. direct connections between libraries (defined as “Services” in the Agreement). Library understands that CENIC will bill CTC, and CTC will bill Library, for the costs of circuits charged by network service providers, including any taxes and surcharges, and any one-time installation fees. Prior to approval of CENIC’s Erate Consortium Library Application, not all applicable E-rate and CTF discounts will be reflected on invoices. After the E-rate Application for any given year is approved, the network service provider will coordinate with CENIC to provide appropriate credits and such credits will be passed from CENIC to CTC and from CTC to the Library. Such credits are typically issued sometime during the fiscal year after the year in which the circuits are installed and Services are first provided. In subsequent years, credits continue to be issued in the fiscal year after the year for which Services have been provided. Library further understands that the exact discounted cost of circuits will not be known until after the E-rate Consortium Library Application is approved. The actual start date of the Service, and therefore of circuit costs, will be dependent on coordination among CENIC, the Library and the network service provider. Any one-time (Non-recurring or NRC) costs included below are typically invoiced by carriers prior to circuit installation and will be invoiced to Library upon receipt of invoice to CENIC from the network service provider.
Agenda Item #7.2.
St. Helena Public Library
5 year term
OPTION 1
1G to CalREN
Summary Totals Pre Discount Costs (not including Taxes & Surcharges) Estimated Net Costs, after discounts applied (not including Taxes & Surcharges)
NRC* Monthly NRC* Monthly
-$ - - -$ 813.00- -$ - - -$ 162.60-
Note1: Design is for a circuit from St. Helena Public Library to a CalREN Hub site. Circuits from the Branch Libraries are to go to St. Helena Public Library 1G Circuit to CalREN
Connection to HUB Disc % Pre Discount Costs Estimated Net Costs, after discounts applied E-rate Discount for St. Helena Public Library**: 0.6
CTF Discount***: 0.5
Connection to CalREN Hub at St. Helena Public Library NRC* Monthly NRC* Monthly Link 1: 1G to CalREN Hub -$ - - -$ 813.00- -$ - - -$ 162.60- Taxes & Surcharges on links Varies
Library Equipment
St. Helena Public Library is responsible to provide a router with at least one LAN interface. This router should support BGP and NAT. An upgraded Firewall appliance may also be needed to support the data streams.
Agenda Item #7.2.
Note 1: These numbers do not include early termination fees that might be required from current provider(s), nor equipment the Library may need to purchase to support these circuits, nor Taxes & Surcharges on the circuits.
Definitions
*NRC - Non-Recurring Charges
**E-rate discount: percent discount indicated is an estimate based on data available at the time the quote was generated. Actual discount percentage will be identified by the E rate authorities at a later point. ***Collector Circuit - a multi-site aggregation
or trunk circuit between the main site and the CalREN backbone ***CTF discount: percent discount of amount after E rate discount is applied. CTF discount is always 50%.
Note 2: E-rate and CTF discounts are dependent upon the continued funding of these programs. CENIC/Califa cannot gaurantee the E-rate and CTF discounts, and these discounts are subject to change.
Agenda Item #7.2.
CITY OF ST. HELENA
RESOLUTION NO. 2022-
Resolution Authorizing the City Manager to Execute the
Agreement Between the City of St. Helena and Columbia
Telecommunications Corporation d/b/a CTC Technology and Energy for the Provision and Maintenance of Advanced Network (Data) Services for the St. Helena Public Library
RECITALS
A. On February 14, 2017, the City of St. Helena and Califa entered into an agreement to provide high speed internet service to the St. Helena Public Library; B. This service provides data speeds of 1 Gigabyte;
C. On March 3, 2022, the California State Library appointed Columbia Telecommunications Corporation to assume the rights and responsibilities and perform the functions of the Statewide Broadband Administrator that were previously performed by Califa;
D. The agreement terminates any prior agreements entered into between the City of St.
Helena and any entity previously serving as the Broadband Administrator for the purpose of participating in the California Library Connect Program.
RESOLUTION
NOW, THEREFORE, the City Council of the City of St. Helena resolves as follows:
1. Authorizes the City Manager to execute the agreement and any related items.
Approved at a Regular Meeting of the St. Helena City Council on May 24, 2022 by the following vote:
Mayor Ellsworth: __________
Vice Mayor Dohring: __________
Councilmember Chouteau: __________
Councilmember Hall: __________
Councilmember Hardy: __________
APPROVED: ATTEST:
________________________ ________________________
Geoff Ellsworth, Mayor Cindy Tzafopolous, City Clerk
Agenda Item #7.2.
Report to the City Council
Regular City Council - 24 May 2022
Agenda Section: CONSENT ITEMS
Subject: Consideration and approval of a Resolution Establishing Appropriation Limits for Fiscal Year 2022-23 and the Selection of Current Year Adjustment Factors
CEQA
Determination:
Not a CEQA project
Prepared By: Mandy Kellogg, Asst. Administrative Services Director Reviewed By: April Mitts, Administrative Services Director Approved By: James C. McCann, Interim City Manager
BACKGROUND
State law requires the City to set an appropriation limit after adoption of the annual budget.
This limit is commonly known as the “Gann Limit.” The limit is based on appropriations (formal authorization by the City Council to spend funds) only from proceeds of taxes, as defined by the law and statewide reporting guidelines. The appropriation limit amount is increased each year by a formula that uses a combination of percent changes in the Statewide Per Capita Income (PCI), city or county population, and the City non-residential assessed valuation. The factors are allowed to be used in combination to provide the greatest increase or least decrease in the annual appropriation limit.
In November 1979, the people of California added Article XIII-B to the State Constitution, which placed limitations on the appropriations of State and local governments. In June 1990, the people approved Proposition 111, which, among other things, amended the Article XIII-B. The amendment created a new base year of FY 1986-87, allowed annual increases based on the city or county population growth and assessed valuation growth of non-residential property, provides for exclusion of capital expenditures over $100,000, and requires an annual independent auditor review of the calculations. Statewide reporting guidelines were developed to define and implement the changes and establish the annual audit requirements.
Agenda Item #7.3.
The City’s appropriation limit and the appropriations subject to the limit are calculated based on the statewide reporting guidelines and are reviewed by the independent auditor for compliance with the State law and guidelines. The appropriations limit has increased significantly since 1987 by applying the higher of county or city population growth rates and the percentage of non-residential assessed valuation growth. The State Department of Finance provides the PCI and population growth rates. The County Assessor provides the non-residential assessed valuation information.
DISCUSSION
The appropriations limit for FY 2022-23 is $60,969,617. This increased from the prior year by an increase in the Statewide Per Capita Personal Income of 7.55% in combination with the 1.52% decrease in City population growth rate for a cumulative compound change factor of 1.0592 (1.0755 x 0.9848).
The FY 2022-23 appropriations of $60,969,617 is the portion funded from proceeds of taxes that are subject to the limit. This amount is $45,604,051 or 74.80% under the appropriation limit.
The FY 2022-23 GANN Limit Calculation Sheets and supporting documents are included as Attachment A and Attachment B.
FISCAL IMPACT
None, since the Appropriation Limit is higher than the Appropriations subject to Limit for Fiscal Year 2022-23.
RECOMMENDED ACTION
Staff recommends the City Council of the City of St. Helena adopt a Resolution establishing an appropriation limit for Fiscal Year 2022-23.
ATTACHMENTS
Resolution - FY23 GANN Limit
FY23 Appropriations Limit
Price Factor and Population Information
Agenda Item #7.3.
CITY OF ST. HELENA
RESOLUTION NO. 2022-___
APPROVING THE APPROPRIATION LIMIT FOR FISCAL
YEAR 2022-23 AND THE SELECTION OF CURRENT YEAR
ADJUSTMENT FACTORS
RECITALS
A. The people of California on November 6, 1979 added Article XIII-B to the State Constitution placing various limitations on the appropriations of the State and local governments; and
B. The State Legislature adopted Chapters 1205 and 1342 of the 1980 Statutes which implemented Article XIII-B; and
C. The people of California on June 5, 1990 amended Article XIII-B effective July 1, 1990; and
D. The provisions of the amendments have been interpreted by a coalition of statewide organizations, and the organizations have issued through the League of California Cities revised guidelines to recalculate the appropriations limit; and E. The Government Code provides the process in which to calculate the appropriation limit and requires cities to adopt a resolution setting the annual appropriation limit; and
F. The City of St. Helena has complied with the provisions of Article XIII-B in determining the appropriations limit for Fiscal Year 2022-23.
RESOLUTION
The City Council of the City of St. Helena hereby resolves as follows:
1. The annual adjustment factors used to calculate the FY 2022-23 appropriations limit shall be the change in statewide per capita personal income percentage of
7.55% and the change in City population growth rate of -1.52%; and
2. The FY 2022-23 appropriation limit shall be $60,969,617; and
3. The City reserves the right to change this factor selection at some future time when the necessary information becomes available on a regularly accepted and/or legislated basis.
Agenda Item #7.3.
Approved at a Regular Meeting of the St. Helena City Council on May 24, 2022, by the following vote:
Mayor Ellsworth: _____
Vice Mayor Dohring: _____
Councilmember Chouteau: _____
Councilmember Hall: _____
Councilmember Hardy: _____
APPROVED: ATTEST:
________________________ ________________________
Geoff Ellsworth, Mayor Cindy Tzafopoulos, City Clerk
Agenda Item #7.3.
CITY OF ST. HELENA
APPROPRIATIONS LIMITATION SUMMARY
Fiscal Year 2022‐23
PROCEEDS OF TAXES $ 15,365,567
EXCLUSIONS $ ‐
APPROPRIATIONS SUBJECT TO LIMITATION 15,365,567 $
CURRENT YEAR LIMIT $ 60,969,617
OVER (UNDER) LIMIT $ (45,604,051)
AVAILABLE CAPACITY AS A % OF LIMIT 74.80%
In November, 1979, the voters of the State of California approved Proposition 4, commonly known as the Gann Initiative. The Proposition created Article XIIIB of the State Constitution placing limits on the amount of revenue which can be spent by all entities of government Prop 4 became effective for the 1980/81 fiscal year, but the formula for calculating the limits was based on the 1978/79 "base year" revenues.
In order to deal with an increasing number of complaints about the restrictions of Prop 4, and to increase the accountability of local government in adopting their limits, the voters approved Prop 111 in June 1990. Among other things, Prop 111 provides new adjustment formulas which should make the Appropriations Limit more responsive to local growth issues. It also requires an annual review of Limit calculations.
The Appropriations Limitations imposed by Propositions 4 and 111 creates a restriction on the amount of revenue which can be appropriated in any fiscal year. The Limit is based on actual population and inflation.
Not all revenues are restricted by the Limit, only those which are referred to as "Proceeds of Taxes."
ATTACHMENT A
Agenda Item #7.3.
CITY OF ST. HELENA
Spending Limit Calculation
Fiscal Year 2022‐23
APPROPRIATIONS SUBJECT TO LIMIT
Fiscal year 2022‐2023 estimated revenues 17,037,413 $
Less:
Nonproceeds of tax $ (1,671,846) Plus:
User fees in excess of costs $ ‐ Total appropriations subject to limit: $ 15,365,567
APPROPRIATION LIMIT
Fiscal year 2021‐2022 appropriation limit: 57,564,537 $ A. Cost of living adjustment (1) 1.0755
B. Population adjustment (2) 0.9848
Change Factor (A x B) 1.0592
Increase in appropriation limit $ 3,405,081 FISCAL YEAR 2022‐2023 APPROPRIATION LIMIT $ 60,969,617 REMAINING APPROPRIATION CAPACITY $ 45,604,051 AVAILABLE CAPACITY AS A PERCENT OF LIMIT 74.80%
(1) Based on percentage change in California per capita income. (2) Based on annual population change for St. Helena.
Agenda Item #7.3.
CITY OF ST. HELENA
Spending Limit Calculation
Fiscal Year 2022‐23
PROCEEDS NON‐PROCEEDS
OF TAX OF TAX
Property tax 4,744,253 4,744,253 Retail sales/use tax 6,137,848 6,137,848 Transient occupancy tax 3,437,647 3,437,647 Business license tax 101,000 101,000 Real property transfer tax 90,992 90,992 Motor vehicle in‐lieu 808,733 808,733 Public Safety Sales Tax 80,300 80,300 Franchise Taxes 335,468 335,468 Charges for Services 789,450 789,450 Other Revenues 461,722 461,722
SUBTOTAL $ 15,320,473 $ 1,666,940 $ 16,987,413 PERCENT OF TOTAL 90.19% 9.81% 100.00%
INTEREST INCOME $ 45,094 $ 4,906 $ 50,000
TOTAL ‐ GENERAL FUND $ 15,365,567 $ 1,671,846 $ 17,037,413
(excludes interfund transfers & Sales Tax Set‐Aside)
REVENUE SOURCE TOTAL
Agenda Item #7.3.
CITY OF ST. HELENA
Appropriation Limitation Adjustments Since 2002
BUDGET PRICE POPULATION CHANGE PRIOR YEAR CURRENT
YEAR FACTOR FACTOR FACTOR APPROP LIMIT APPROP LIMIT 2002/2003 0.9873 0.9985 0.9858 32,739,266 32,274,992 2003/2004 1.0231 1.0027 1.0259 32,274,992 33,109,700 2004/2005 1.0328 1.0099 1.0430 33,109,700 34,534,236 2005/2006 1.0526 1.0150 1.0684 34,534,236 36,895,998 2006/2007 1.0396 0.9119 0.9480 36,895,998 34,978,144 2007/2008 1.0460 1.0150 1.0617 34,978,144 36,586,269 2008/2009 1.0429 ‐1.0029 1.0400 36,586,269 38,049,720 2009/2010 1.0062 1.0114 1.0177 38,049,720 38,722,084 2010/2011 0.9746 1.0069 0.9813 38,722,084 37,998,939 2011/2012 0.9749 1.0069 0.9816 37,998,939 37,300,777 2012/2013 1.0377 1.0068 1.0448 37,300,777 38,970,224 2013/2014 1.0512 1.0029 1.0542 38,970,224 41,084,299 2014/2015 0.9977 1.0124 1.0101 41,084,299 41,498,079 2015/2016 1.0382 1.0209 1.0599 41,498,079 43,983,746 2016/2017 1.0537 1.0123 1.0667 43,983,746 46,915,725 2017/2018 1.0369 1.0025 1.0395 46,915,725 48,768,533 2018/2019 1.0367 1.0059 1.0428 48,768,533 50,856,632 2019/2020 1.0385 1.0023 1.0409 50,856,632 52,936,086 2020/2021 1.0373 0.9954 1.0325 52,936,086 54,658,013 2021/2022 1.0573 0.9961 1.0532 54,658,013 57,564,537 2022/2023 1.0755 0.9848 1.0592 57,564,537 60,969,617
Agenda Item #7.3.
: http://leginfo.legislature.ca.gov/faces/codes.xhtml.
May 2022
Dear Fiscal Officer:
Subject: Price Factor and Population Information
Appropriations Limit
California Revenue and Taxation Code section 2227 requires the Department of Finance to transmit an estimate of the percentage change in population to local governments. Each local jurisdiction must use their percentage change in population factor for January 1, 2022, in conjunction with a change in the cost of living, or price factor, to calculate their appropriations limit for fiscal year 2022-23. Attachment A provides the change in California’s per capita personal income and an example for utilizing the price factor and population percentage change factor to calculate the 2022-23 appropriations limit. Attachment B provides the city and unincorporated county population percentage change. Attachment C provides the population percentage change for counties and their summed incorporated areas. The population percentage change data excludes federal and state institutionalized populations and military populations.
Population Percent Change for Special Districts
Some special districts must establish an annual appropriations limit. California Revenue and Taxation Code section 2228 provides additional information regarding the appropriations limit.
Article XIII B, section 9(C) of the California Constitution exempts certain special districts from the appropriations limit calculation mandate. The code section and the California Constitution can be accessed at the following website
Special districts required by law to calculate their appropriations limit must present the calculation as part of their annual audit. Any questions special districts have on this requirement should be directed to their county, district legal counsel, or the law itself. No state agency reviews the local appropriations limits.
Population Certification
The population certification program applies only to cities and counties. California Revenue and Taxation Code section 11005.6 mandates Finance to automatically certify any population estimate that exceeds the current certified population with the State Controller’s Office. Finance will certify the higher estimate to the State Controller by June 1, 2022.
Please Note: The prior year’s city population estimates may be revised. The per capita personal income change is based on historical data.
If you have any questions regarding this data, please contact the Demographic Research Unit at (916) 323-4086.
KEELY MARTIN BOSLER
Director
By:
ERIKA LI
Chief Deputy Director
Attachment
ATTACHMENT B
Agenda Item #7.3.
May 2022
Attachment A
A. Price Factor: Article XIII B specifies that local jurisdictions select their cost of living factor to compute their appropriation limit by a vote of their governing body. The cost of living factor provided here is per capita personal income. If the percentage change in per capita personal income is selected, the percentage change to be used in setting the fiscal year 2022-23 appropriation limit is:
Per Capita Personal Income
Fiscal Year Percentage change
(FY) over prior year
2022-23 7.55
B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2022-23 appropriation limit.
2022-23:
Per Capita Cost of Living Change = 7.55 percent
Population Change = -0.30 percent
Per Capita Cost of Living converted to a ratio: 7.55 + 100 = 1.0755 100
Population converted to a ratio: -0.30 + 100 = 0.997
100
Calculation of factor for FY 2022-23: 1.0755 x 0.997 = 1.0723 Agenda Item #7.3.
Fiscal Year 2022-23
Attachment B
Annual Percent Change in Population Minus Exclusions*
January 1, 2021 to January 1, 2022 and Total Population, January 1, 2022 Total
County Population Percent Change --- Population Minus Exclusions --- City 2021-2022 1-1-21 1-1-22 1-1-2022
Napa
American Canyon 0.43 21,566 21,658 21,658
Calistoga -1.59 5,283 5,199 5,199
Napa -0.98 78,246 77,480 77,480
St Helena -1.52 5,521 5,437 5,437
Yountville -1.68 2,259 2,221 2,829
Unincorporated -1.60 22,884 22,517 23,576
County Total -0.92 135,759 134,512 136,179
*Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes.
Agenda Item #7.3.
Report to the City Council
Regular City Council - 24 May 2022
Agenda Section: CONSENT ITEMS
Subject: Consideration and Recommended Approval of a Resolution Amending the Existing Two-year Agreement with the Housing Authority of the City of Napa to Provide Contract Housing Authority Services for an Amount not-to-exceed $114,000 for the Two-year Period starting July 1, 2022.
CEQA
Determination:
Exempt
Prepared By: Maya DeRosa, Planning & Building Director
Reviewed By: April Mitts, Administrative Services Director Approved By: James C. McCann, Interim City Manager
BACKGROUND
In 2008, the Napa Valley Housing Authority Joint Powers Agreement was dissolved and the City entered into a separate agreement with the Housing Authority of the City of Napa (HACN). Since that time, the Housing Authority has provided services related to affordable housing occupancy certifications, annual owner verification and eligibility, administration of the lottery process for new affordable units, technical assistance to the City related to development agreements, countywide homelessness representation, and other specific requests for technical assistance. The Housing Authority and the City have continued this contractual relationship and have developed a strong and productive working relationship.
The current two-year agreement STH Contract: FY2020-101 spanned FY 2020-21 and FY 2021-22 for a total not-to-exceed amount of $109,000.
DISCUSSION
The Housing Authority has prepared a new two-year agreement to continue the provision of Housing Authority and related services for the City. These services currently include management of Section 8 housing and continuum of care services, regulatory agreement Agenda Item #7.4.
monitoring, review of development projects, and proposed affordable housing regulatory agreements, and additional services that are mutually agreed upon. The proposed cost for FY 2022-22 is $56,050 and for FY 2022-23 is $57,950 for a total two year cost of $114,000.
FISCAL IMPACT
Funds in an amount totaling $56,050 are included in the draft FY 2022-23 budget and will be funded with General Fund. If the contract is approved, an additional $57,950 will be budgeted for FY 2023-24.
RECOMMENDED ACTION
Staff recommends City Council approve the Resolution authorizing a two-year agreement with Housing Authority of the City of Napa in an amount not-to-exceed $114,000 to continue their services as the contract housing authority for the City of St. Helena.
ATTACHMENTS
Resolution for Contract renewal 5-24-2022
St Helena - Housing Services Contract -2022
St Hel Annual Report - Housing Services 2020-21
Agenda Item #7.4.
CITY OF ST. HELENA
RESOLUTION NO. 2022-
Resolution authorizing a two-year agreement with Housing Authority of the City of Napa in an amount not to exceed $114,000 to continue their services as the contract housing authority for the City of St. Helena.
RECITALS
A. The City of St. Helena desires to obtain housing services from the Authority during the Fiscal Year 2022-23 and Fiscal Year 2023-24; and
B. The Authority is willing to provide such services to the City subject to the terms and conditions set forth herein.
RESOLUTION
NOW, THEREFORE, the City Council of the City of St. Helena hereby resolves as follows:
1. Authorize the City to enter into a two-year agreement with Housing Authority of the City of Napa to continue their services as the contract housing authority for the City of St. Helena in an amount not to exceed $56,050 in FY 2022-23 and $57,950 in FY 2023-24.
Approved at a Regular Meeting of the St. Helena City Council on May 24, 2022, by the following vote:
Mayor Ellsworth:
Vice Mayor Dohring:
Councilmember Hardy:
Councilmember Hall:
Councilmember Chouteau:
APPROVED: ATTEST:
________________________ ________________________
Geoff Ellsworth, Mayor Cindy Tzafopoulos, City Clerk
Agenda Item #7.4.
INTERGOVERNMENTAL AGREEMENT FOR SERVICES BY AND BETWEEN THE
HOUSING AUTHORITY OF THE CITY OF NAPA AND
THE CITY OF ST. HELENA
HOUSING AUTHORITY OF THE CITY OF NAPA AGREEMENT NO. _____ CITY OF ST. HELENA AGREEMENT NO. _____
THIS AGREEMENT FOR SERVICES (this “Agreement”) is made and entered into as of July 1, 2022 (“Effective Date”), by and between the HOUSING AUTHORITY OF THE CITY OF NAPA, a public body, corporate and politic (the "Authority"), and the CITY OF ST. HELENA, a municipal corporation (the “City”) under the joint exercise of powers provisions of the Government Code of the State of California, California Government Code Section 6500-6536. City and Authority are public entities organized and operating under the laws of the State of California and each is a public entity as defined in California Government Code Section 6500. The Authority and City are hereinafter collectively referred to as the “Parties.”
RECITALS
WHEREAS, the City desires to obtain housing services from the Authority during the Fiscal Year 2022 – 2023 and Fiscal Year 2023 – 2024, and the Authority is willing to provide such services to the City subject to the terms and conditions set forth herein.
TERMS
NOW, THEREFORE, City and Authority agree as follows:
1. Term of the Agreement. The term of this Agreement shall commence on the Effective Date and shall expire on June 30, 2024 (the “Term”) unless earlier terminated in accordance with Paragraphs 7 or 8 of this Agreement.
2. Scope of Services. Authority shall perform the services described in the Scope of Services in Exhibit “A”, attached hereto and incorporated by reference herein (the “Services”).
3. Compensation.
(a) Baseline Rates. In consideration of Authority’s performance of the Services, the City shall pay to Authority the baseline rate (“Baseline Rate”) of Fifty Thousand Dollars ($52,050.00) for fiscal year 2022–2023 and Fifty-One Thousand Dollars ($53,950.00) for fiscal year 2023–2024 (b) Pass-Through Rate. In addition to the Baseline Rate, City shall pay to Authority the pass-through rate (“Pass-Through Rate”) of Four Thousand Dollars ($4,000) per fiscal year, of which Two Thousand Dollars ($2,000) per fiscal year will be paid by Authority to Abode Services (“Abode”) for County wide rental assistance services provided by Abode and Two Thousand Dollars ($2,000) per fiscal year will be paid by Authority to Fair Housing Napa Valley (“Fair Housing”) for Countywide fair housing, general housing and counseling services provided by Fair Housing. (c) Maximum Annual Compensation. The total compensation for the Services provided by Authority to the City under this Agreement, including the Baseline Rate and the Pass-Through Rate, shall not exceed $56,050.00 for fiscal year 2022-2023 or $57,950.00 for fiscal year 2023-2024 as detailed in the following table:
Agenda Item #7.4.
City of St. Helena
Services Agreement FY 2022-2024
COMPENSATION BREAKDOWN
Service Provided FY2022-23 Cost FY2023-24 Cost Total Cost HACN Baseline Housing Services (Baseline
Rate) $52,050 $53,950 $106,000
Abode Services - Rental Assistance (PassThrough Rate) $2,000 $2,000 $4,000 Fair Housing Napa Valley - Fair Housing,
General Housing and Counseling Services
(Pass-Through Rate) $2,000 $2,000 $4,000
Total Service Cost $56,050 $57,950 $114,000
(d) Rate for Additional Services. If the City authorizes Authority to perform services that are not included in the Scope of Services set forth in Exhibit “A” (“Additional Services”), Authority will be compensated for the Additional Services on a time and materials basis. The rate for Authority’s time for the Additional Services shall be the then-current fully burdened overhead rate (the “Fully Burdened Overhead Rate”) for the employee performing the Additional Services. The Fully Burdened Overhead Rate is an hourly billable rate that captures all Authority costs (direct and indirect) associated with an employee, over and above gross compensation or payroll costs. Typical costs associated with the Fully Burdened Overhead Rate include payroll taxes, worker's compensation, health insurance, paid time off, pension contributions, other benefits, and indirect costs including departmental and citywide administrative overhead allocations. The applicable Fully Burdened Overhead Rate will depend on the Authority employee performing the Additional Services as each employee has a different Fully Burdened Overhead Rate that is calculated based on that particular employee’s salary and benefits. (e) Invoices for Additional Services. Authority will submit a monthly itemized invoice to the City for any Additional Services provided by the Authority during the preceding month. The City will pay the Authority within 30 days after approval of each invoice.
4. Method of Payment. The Authority shall provide to City an invoice for payment for the Services on the following dates and in the following amounts:
(a) On July 1, 2022, an invoice equal to 50% of the Baseline Rate for fiscal year 2022-2023 in the amount of $26,025.00 plus the Pass-Through Rate for fiscal year 2022-2023 of $4,000.00 for a total of $30,025.00; and
(b) On January 1, 2023, a second invoice for the remaining 50% of the Baseline Rate for fiscal year 2022-2023 in the amount of $26,025.00.
(c) On July 1, 2023, a third invoice for 50% of the Baseline Rate for fiscal year 2023-2024 in the amount of $26,975.00 plus the Pass-Through Rate for fiscal year 2023-2024 in the amount of $4,000.00 for a total of $30,975.00; and
(d) On January 1, 2024, a fourth invoice for the remaining 50% of the Baseline Rate for fiscal year 2023-2024 in the amount of $26,975.00.
City shall pay the Authority within thirty (30) days following receipt of an invoice.
Agenda Item #7.4.
City of St. Helena
Services Agreement FY 2022-2024
5. Independent Contractor. The Authority shall perform the Services under this Agreement as an independent contractor. The Authority and the officers, agents and employees of Authority are not, and shall not be deemed, City employees for any purpose, including workers' compensation. The Authority shall determine the method and manner by which the Services shall be performed. The Authority and its officers, employees and agents shall not be entitled to any of the benefits accorded to a City employee. City shall not deduct or withhold any amounts whatsoever from the compensation paid to the Authority, including, but not limited to amounts required to be withheld for state and federal taxes.
The Authority shall be solely responsible for all such payments.
6. Indemnification. To the fullest extent permitted by law, City shall defend, indemnify and hold harmless the Authority and its elected and appointed officials, officers, agents and employees from and against any and all liability or claims (including actions, demands, damages, injuries, settlements, losses, or costs [including legal costs and attorney's fees]) (collectively, “Liability”) of any nature, arising out of, pertaining to, or relating to City’s acts or omissions under this Agreement. Consistent with Civil Code Section 2782, City will not be obligated to indemnify Authority for the proportionate share of the Liability caused by the Authority’s active negligence, sole negligence, or willful misconduct. City’s indemnification obligations under this Agreement are not limited by any limitations of any insurance held by City, including, but not limited to, workers’ compensation insurance.
To the fullest extent permitted by law, Authority shall defend, indemnify and hold harmless City and its elected and appointed officials, officers, agents and employees from and against any Liability of any nature, arising out of, pertaining to, or relating to the Authority’s acts or omissions under this Agreement.
Consistent with Civil Code Section 2782, Authority will not be obligated to indemnify City for the proportionate share of the Liability caused by the City’s active negligence, sole negligence, or willful misconduct. Authority’s indemnification obligations under this Agreement are not limited by any limitations of any insurance held by Authority, including, but not limited to, workers’ compensation insurance.
7. Termination for Cause. If either party shall fail to fulfill in a timely and proper manner that party's obligations under this Agreement or otherwise breach this Agreement, the non-defaulting party may, in addition to any other remedies it may have, terminate this Agreement by giving fifteen (15) days written notice to the defaulting party in the manner set forth in Paragraph 11 (Notices).
8. Termination for the Convenience of a Party. This Agreement may be terminated by either party for any reason and at any time by giving no less than thirty (30) days prior written notice of such termination to the other party and specifying the effective date thereof.
9. Payment for Work upon Expiration or Termination. In the event of termination for cause under Paragraph 7 or termination for the convenience of a party under Paragraph 8, Authority shall be entitled to receive compensation for any satisfactory Services and/or Additional Services provided by the Authority prior to the effective date of the notice subject to the maximum amount set forth in Paragraph 3(b). In the event the termination results in the Authority receiving payment in an amount that exceeds the amount due to Authority for the Services provided under this Agreement, City shall be entitled to receive reimbursement for any overpayment from Authority.
10. No Waiver. The waiver by either party of any breach or violation of any requirement of this Agreement shall not be deemed to be a waiver of any such breach in the future, or of the breach of any other requirement of this Agreement.
Agenda Item #7.4.
City of St. Helena
Services Agreement FY 2022-2024
11. Notices. All notices required or authorized by this Agreement shall be in writing and shall be delivered in person or by deposit in the United States mail, by first class mail, postage prepaid. Any mailed notice, demand, request, consent, approval or communication that either party desires to give the other party shall be addressed to the other party at the address set forth below. Either party may change its address by notifying the other party of the change of address. Any notice sent by mail in the manner prescribed by this paragraph shall be deemed to have been received on the date noted on the return receipt or five days following the date of deposit, whichever is earlier.
AUTHORITY CITY OF ST. HELENA
Housing Manager Jim McCann, Interim City Manager
Housing Authority of the City of Napa City of St. Helena P.O. Box 660 1572 Railroad Avenue
Napa, CA 94559 St. Helena, CA 94574
12. Confidentiality. Confidential information is defined as all information disclosed to the Authority which relates to City past, present, and future activities, as well as activities under this Agreement. Except as otherwise provided in Paragraph 15, as directed by the City Manager or designee thereof, or when required by the California Public Records Act, a subpoena or by court order, the Authority shall hold all such information as the Authority may receive, if any, in trust and confidence.
13. Amendment/Modification. Except as specifically provided herein, this Agreement may be modified or amended only in a writing signed by the Parties.
14. Compliance with Laws. In the performance of this Agreement, the Authority shall observe and comply with all applicable Federal, State and local laws, ordinances, and codes.
15. Access to Records/Retention. City shall have access to any books, documents, papers and records of the Authority prepared or obtained by the Authority when providing the Services under this Agreement. Upon expiration or termination of this Agreement the Authority shall return all such records to City unless otherwise directed by City to retain or dispose of such records, except that with the written permission of City, the Authority may keep a copy of such records as long as such copy is maintained in confidence and is returned to City or its successor agency to be destroyed upon notification to Authority that City has authorized destruction of the original records.
16. Attorney's Fees. In the event that either party commences legal action of any kind or character to either enforce the provisions of this Agreement or to obtain damages for breach thereof, the prevailing party in such litigation shall be entitled to all costs and reasonable attorney's fees incurred in connection with such action.
17. Interpretation. The headings used herein are for reference. The terms of the Agreement are set out in the text under the headings. This Agreement shall be governed by the laws of the State of California.
18. Severability. If any provision of this Agreement, or any portion thereof, is found by any court of competent jurisdiction to be unenforceable or invalid for any reason, such provision shall be severable and shall not in any way impair the enforceability of any other provision of this Agreement.
Agenda Item #7.4.
City of St. Helena
Services Agreement FY 2022-2024
19. Entirety of Contract. This Agreement, together with “Exhibits A and B” attached hereto and incorporated herein, constitutes the entire agreement between the Parties relating to the subject of this Agreement and supersedes all previous agreements, promises, representations, understandings and negotiations, whether written or oral, among the Parties with respect to the subject matter hereof.
20. Counterparts. This Agreement may be executed in counterparts, each one of which is deemed an original, but all of which together constitute a single instrument.
21. Privileges and Immunities. In accordance with California Government Code section 6513, all of the privileges and immunities from liability, all exemptions from laws, ordinances and rules, and all pension, relief, disability, workmen’s compensation, and other benefits which apply to the activity of the trustees, officers, employees or agents of the Parties when performing their functions within the territorial limits of their respective public agencies, shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties associated with performance of this Agreement.
[Signature page follows.]
Agenda Item #7.4.
City of St. Helena
Services Agreement FY 2022-2024
IN WITNESS WHEREOF, this Agreement was executed by the Parties as of the date first above written.
CITY:
CITY OF ST. HELENA, a municipal corporation
By: ________________________________________
GEOFF ELLSWORTH, Mayor, City Council
ATTEST:
By: ________________________________________
CINDY TZAFOPOULOS, City Clerk
APPROVED AS TO FORM:
By: ________________________________________
ETHAN WALSH, City Attorney
AUTHORITY:
HOUSING AUTHORITY OF THE CITY OF NAPA, a public body, corporate and politic By: ________________________________________
VINCENT SMITH, Deputy Director
ATTEST:
By: _________________________________
TIFFANY CARRANZA, Deputy Authority Secretary
COUNTERSIGNED:
By: ___________________________________
JOY RIESENBERG, Deputy City Auditor
APPROVED AS TO FORM:
By: _____________________________________
MICHAEL BARRETT, Authority General Counsel
Agenda Item #7.4.
City of St. Helena
Services Agreement FY 2022-2024
EXHIBIT “A”
Scope of Services
WORK PROGRAM DESCRIPTION
A. COUNTYWIDE ACTIVITIES
1. Section 8 Housing Services Administer HUD-funded very low income rental housing assistance program in the
City of Napa (88%) and countywide (12%).
2. Continuum of Care Participate in Countywide Continuum of Care for delivery of homeless services &
projects.
B. STANDARD HOUSING SERVICES
1. Regulatory Agreement Monitoring Provide annual monitoring of affordable units listed in Exhibit B for compliance
with City regulatory agreements.
2. Review development projects Provide technical assistance reviewing proposed housing developments to
maximize affordability and number of
affordable housing units.
3. Loan Servicing Provide loan servicing and owneroccupancy monitoring for HOME rehab loans.
4. Affordable Housing Regulatory Agreements Review affordable housing agreements & make recommendations on improvements
to the agreement.
5. Annual Meeting with Staff and Council Report on housing activities provided under this Agreement each year.
C. ADDITIONAL HOUSING SERVICES
1. Additional Services Additional Services are not covered by this Scope of Work. Authority shall be
compensated for any Additional Services
mutually agreed to by the parties in
accordance with paragraph 3(d).
Agenda Item #7.4.
City of St. Helena
Services Agreement FY 2022-2024
EXHIBIT B - MONITORING
DETAIL
Project Type Affordable Units Task Description
Single FamilyOwnership
Marietta Townhomes BMR 10 Annually
Mail out owner occupancy certification, verify
insurance & taxes paid. Follow-up when necessary.
Update owner database
Wallis BMR 20 Annually
Mail out owner occupancy certification, verify
insurance & taxes paid. Follow-up when necessary.
Update owner database
Magnolia Oaks BMR 2 Annually
Mail out owner occupancy certification, verify
insurance & taxes paid. Follow-up when necessary.
Update owner database
Sherwin Project BMR 1 Annually
Mail out owner occupancy certification, verify
insurance & taxes paid. Follow-up when necessary.
Update owner database
HOME Loans Rehab 19* Annually
Loan servicing & owner occupancy certification,
verify insurance and taxes or HCD registration paid.
Follow-up when necessary. Update Rehab
database.
RENTAL HOUSING
957 Hunt Street Studio 2 Annually
Review Property Owners annual report and tenant
certification forms for compliance with Regulatory
Agreement. Update database.
1421 Railroad Avenue Apt. 1 Annually
Review Property Owners annual report and tenant
certification forms for compliance with Regulatory
Agreement. Update database.
Magnolia Oaks Apt. 10 Annually
Review Property Owners annual report and tenant
certification forms for compliance with Regulatory
Agreement. Update database.
Magnolia Oaks
2nd
units 6 Annually
Mail out project compliance report and review
tenant information for compliance with Regulatory
Agreement. Update project database.
Turley Flats Apt. 8 Annually
Mail out project compliance report and review
tenant information for compliance with Regulatory
Agreement. Update project database.
Grayson Apt. 2 Annually
Mail out project compliance report and review
tenant information for compliance with Regulatory
Agreement. Update project database.
Stonebridge Apts. Apt. 80 Annually
Mail out project compliance report and review
tenant information for compliance with Regulatory
Agreement. Update project database.
Agenda Item #7.4.
City of St. Helena
Services Agreement FY 2022-2024
Additional affordable
housing units TBD up to 16** Annually
Lease up certification. Mail out project compliance
report and review tenant information for
compliance with Regulatory Agreement. Update
project database.
*Number of loans may increase or decrease over the term of the contract **Affordable units beyond number identified above shall be billed on a time and material basis in accordance with paragraph 3(d)
BMR: Below Market Rate
Agenda Item #7.4.
HOUSING AUTHORITY'S
ANNUAL REPORT
HOUSING SERVICES AGREEMENT
FY 2020 - 2021
CITY OF ST. HELENA
WORK PROGRAM ITEM DESCRIPTION WORK PRODUCED
A. COUNTYWIDE ACTIVITIES
1. Section 8 Housing Services
HUD funded very low income rental housing assistance
program administer Countywide – 84% City of Napa, 1%
St. Helena, & 15% elsewhere in County
The Housing Authority of the City of Napa administers a $15 million Section 8 Housing Choice Voucher program providing 1156 rental assistance vouchers throughout the County of Napa. There are currently 8 households receiving rental assistance in the City of St.
Helena.
There is currently one St. Helena household that receives assistance under the Non-Elderly Disabled Persons Voucher Program (NEDS). These special vouchers provide rental
assistance to non-elderly persons with disabilities and can be used to rent any market rate unit within Napa County.
One household in St. Helena is receiving rental assistance through the Family Unification Program. HACN works in collaboration with the Napa County Child Welfare Services to assist families whose lack of housing places their children outside the home or delays the return of the children to the home. This program also provides transitional housing for youth coming out of foster care to secure appropriate and safe housing.
The Housing Authority was recently awarded 44 Emergency Housing Vouchers under the American Rescue Act. These
vouchers can be used county wide and will be available to assist those who are currently homeless or at risk of becoming homeless or those fleeing domestic violence, sexual assault, or human trafficking. The Housing Authority will be working with the County and other local housing agencies to issue these vouchers.
Section 8 Housing Services - Cont'd Each household receiving rental assistance vouchers meets annually with a Housing Specialist to re-certify income eligibility and to review program guidelines and regulations. Each housing unit assisted undergoes an annual or a biennial Housing Quality Standards inspection by the Housing Inspector.
Agenda Item #7.4.
HOUSING AUTHORITY'S
ANNUAL REPORT
HOUSING SERVICES AGREEMENT
FY 2020 - 2021
WORK PROGRAM ITEM DESCRIPTION WORK PRODUCED
2. Continuum of Care
Act as lead agency for the Countywide Continuum of
Care plan for delivery of Homelessness services and
projects.
Attended monthly Continuum of Care Committee meetings to represent the City of St. Helena to secure funding from the Federal Department of Housing and Urban Development for the purposes of supporting homeless services and housing programs. This past year HUD renewed all current Continue of Care Grants in the total amount of $775,531 to assist the homeless population with case management and rental assistance.
B. STANDARD HOUSING SERVICES
1. Regulatory Agreement Monitoring Provide required annual monitoring of regulatory agreement units.
Mailed out annual owner occupancy certifications to homeowners in the Wallis, Marietta, Magnolia Oaks, and Sherwin affordable housing units. Verified fire insurance placement and coverage and verified the payment of property taxes on each property. Updated database to reflect any changes.
Provided annual monitoring on the City's affordable rental housing agreements. Mailed out project compliance reports to owners and reviewed household information for compliance to regulatory agreements.
Housing Staff provided technical assistance with the affordability and rent restrictions to the property manager of the Grayson project.
2. Review development projects Technical assistance reviewing residential development plans to maximize affordable housing units.
Housing Staff provided technical assistance with the affordability and rent requirements for the Hunt Avenue project.
3. Loan Servicing Provide loan servicing and owner-occupancy monitoring for HOME rehab loans.
Annual owner occupancy certification monitoring was conducted on all rehabilitation loans. Verified insurance coverage and property taxes and/or HCD fees were paid.
Reviewed and processed a subordination request for one below market rate homeowner who refinanced their first mortgage loan.
Agenda Item #7.4.
HOUSING AUTHORITY'S
ANNUAL REPORT
HOUSING SERVICES AGREEMENT
FY 2020 - 2021
WORK PROGRAM ITEM DESCRIPTION WORK PRODUCED
4. Affordable Housing Regulatory
Agreements
Review affordable housing agreements and make
recommendations
Housing Manager and staff were available to provide technical assistance. When requested, Housing Manager and/or staff have attended City Council meetings to provide technical assistance.
5. Annual Meeting with Staff and Council Report on year's activities Housing staff has reported and discussed various housing topics and issues with the City staff throughout the year.
C. ADDITIONAL HOUSING SERVICES
1. Additonal Serices HOME Grant Services Agreement - Homeowner Repair Program (OOR)
Since the expiration of the grant in August 2019, the City received two loan repayments totally $72,248. Two new loans and
homeowner repair projects were completed during this reporting period.
During this reporting period, the City was awarded a 2019 HOME Program Grant in the amount of $500,000 to continue the homeowner repair program. The State has yet to issue the grant contract.
All required quarterly and annual reporting was submitted to HCD on behalf of the City consistent with the requirements of the HOME grant program. Annual owner-occupancy monitoring was
conducted to confirm assisted units are being owner-occupied and HCD registration is paid current and homeowner's insurance is being maintained.
During this reporting period, on behalf of the City a 2020 CDBG grant application was submitted to HCD. The NOFA was over subscribed and the City was not awarded the grant.
Agenda Item #7.4.
Report to the City Council
Regular City Council - 24 May 2022
Agenda Section: CONSENT ITEMS
Subject: Consideration and proposed adoption of a resolution adopting a list of project for Fiscal Year 2022-23 funded by SB1: The Road Repair and Accountability Act of 2017.
CEQA
Determination:
Exempt from the requirements of CEQA pursuant to Section 15301, Class 1, which exempts the operation, leasing, or minor alteration of existing facilities
Prepared By: Mandy Kellogg, Asst. Administrative Services Director Reviewed By: April Mitts, Administrative Services Director Approved By: James C. McCann, Interim City Manager
BACKGROUND
On April 28, 2017, the Governor signed Senate Bill (SB) 1, the Road Repair and Accountability Act of 2017. SB 1 increases per gallon fuel excise taxes; increases diesel fuel sales taxes and vehicle registration fees; and provides for inflationary adjustments to tax rates in future years. A percentage of the new Road Maintenance and Rehabilitation Account (RMRA) account funding will be apportioned by formula to eligible cities and counties pursuant to Streets and Highways Code Section 2032(h) for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system.
Prior to receiving an apportionment of RMRA funds in FY 2022-23, the City is required to submit to the California Transportation Commission a list of projects proposed to be funded by July 1, 2022. The list of projects proposed to be funded with these funds shall include:
• A description of the project;
• The location of each proposed project;
• A proposed schedule for the project’s completion; and • The estimated useful life of the improvement.
Agenda Item #7.5.
DISCUSSION
The City must adopt by resolution a list of projects proposed to receive fiscal year funding from the RMRA. This is the fourth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB
1. The City is recommending continuing the Downtown Sidewalk and Pedestrian Project and adding the Napa Valley Vine Trail: Gap Closure Yountville to St. Helena Project and the Rectangular Rapid Flash Beacon (RRFB) for Pope Street at College Avenue Project to the FY 2022-23 project list.
The recommended action to adopt the project list will ensure the City continues to receive SB 1 revenues. It is anticipated that the City will receive approximately $138,364 during FY 2022-23. The SB 1 funds do carryover from year to year and any unused funds can be spent on other City funded projects in accordance with local needs and priorities so long as the projects are consistent with SB 1 and adopted by City Council.
Staff recommends that City Council approve the SB 1 street project list for FY 2022-23 in order to meet the July 1, 2022 deadline.
FISCAL IMPACT
SB 1 requires the City to provide an annual general fund Maintenance of Effort (MOE) in the amount of $314,571. However, the MOE specific expenditures do not need to be reflected in the approved project list. The proposed FY 2022-23 Capital Improvements Plan Budget and proposed FY 2022-23 Operations Budget will include a total of $379,189 in General Funds for City Streets to meet the MOE requirement of both SB 1 and Measure T funding. There is no additional fiscal impact with the adoption of the resolution approving the RMRA Project List for FY 2022-23.
RECOMMENDED ACTION
Adopt a resolution adopting a list of projects for fiscal year 2022-23 funded by SB1: The Road Repair and Accountability Act of 2017.
ATTACHMENTS
Resolution - SB 1 Project List
Exhibit A - FY23 SB1 Project List
Agenda Item #7.5.
CITY OF ST. HELENA
RESOLUTION NO. 2022-___
ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR
2022/23 FUNDED BY SB1: THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017.
RECITALS
A. Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
B. SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and C. The City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
D. The City, will receive an estimated $134,364 in RMRA funding in Fiscal Year 2022- 23 from SB 1; and
E. This is the sixth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
F. The City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and G. The City used a Pavement Management System to assist in developing the SB 1 project list to ensure revenues are being used on the most high-priority and costeffective projects that also meet the community’s priorities for transportation investment; and
Agenda Item #7.5.
H. The funding from SB 1 will help the City maintain and rehabilitate streets, roads, bridges, add active transportation infrastructure throughout the City this year and similar projects into the future; and
I. The 2018 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in an at-risk condition and this revenue will help the City increase the overall quality of our road system and over the next decade will bring our streets and roads into a good to excellent condition; and J. The SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials, and practices, will have significant positive co-benefits statewide; and K. The project is exempt from the requirements of CEQA pursuant to Section 15301, Class 1, which exempts the operation, leasing, or minor alteration of existing facilities.
RESOLUTION
NOW, THEREFORE, the City Council of the City of St. Helena resolves as follows:
1. The foregoing recitals are true and correct; and
2. The following list of previously proposed projects in Exhibit “A” will be funded inpart or solely with fiscal year 2022/23 Road Maintenance and Rehabilitation Account revenues.
Approved at a Regular Meeting of the St. Helena City Council on May 24, 2022, by the following vote:
Mayor Ellsworth: _____
Vice Mayor Dohring: _____
Councilmember Chouteau: _____
Councilmember Hall: _____
Councilmember Hardy: _____
APPROVED: ATTEST:
________________________ ________________________
Geoff Ellsworth, Mayor Cindy Tzafopoulos, City Clerk
Agenda Item #7.5.
Project Details
Start Complete Min Max
DowntownSidewalk and
Pedestrian Project
This project will include: Preliminary Design | Design
downtown sidewalk and pedestrain improvements: sidewalk, curb ramps, bulb outs, landscape, furnishing, utilities.
Main Street (Highway 29) fromMitchell Drive to Pine Street Construction Carried Over
20/21
04/2019 06/2025 15 30 4 3
Napa Valley Vine
Trail
Gap Closure Yountville to St Helena: Provide paving, crosswalkand curb ramp improvements along the Napa Valley Vine Trail route through the City of St. Helena.
Mitchell Drive, Oak Avenue, AdamsStreet and Pratt Avenue in City of St.Helena Construction In Progress 07/2022 06/2024 15 30 4 3
RRFB for PopeStreet at CollegeAvenue
Provide paving, crosswalk, pedestrian visibility and curb ramp improvements at the intersection of Pope Street and College Avenue.
Intersection of Pope Street and CollegeAvenue in City of St. Helena.
Construction In Progress 07/2022 06/2023 15 30 4 3
Assem Sentate
Est. Schedule Useful
Title Description Location Component Priotity Status
EXHIBIT A
Agenda Item #7.5.
Report to the City Council
Regular City Council - 24 May 2022
Agenda Section: CONSENT ITEMS
Subject: April 2022 Review and Forecasting of City Water Supply Availability
CEQA
Determination:
Exempt
Prepared By: Martin Beltran, Management Analyst
Reviewed By: Mark Rincon-Ibarra, Public Works Director and City Engineer Approved By: James C. McCann, Interim City Manager
BACKGROUND
The City of St. Helena publishes a monthly water report on the City website (www.cityofsthelena.org/publicworks/page/water-reports). The report includes the amount of water produced at the Louis Stralla Water Treatment Plant and the Stonebridge Potable Water Wells, and potable water delivered from the City of Napa. In addition to presenting data on the amount delivered monthly, the report includes year-to-date information and prior year data. Water elevation and capacity at the Bell Canyon Reservoir is included as well as information on rain and temperatures.
On April 27, 2021, the City Council adopted an Urgency Ordinance updating the regulatory requirements for commercial, industrial, and institutional users due to the seasonal nature of their water use. Beginning in June 2021, the updated Phase II allocation for commercial, industrial, and institutional users is 10% less than that user’s average water use during the three preceding non-shortage years by month. For current calculations the following years are being used: 2017, 2018, and 2019. This baseline for determining allocations for commercial, industrial, and institutional users also applies in Phase III.
The Urgency Ordinance also updated the basis for which a Phase I, Phase II, or Phase III water emergency is determined from whether the City has sufficient volume of water to meet its needs through November 1st, to whether the City has sufficient volume to Agenda Item #7.6.
meet its needs through the subsequent May 1st, after making conservative assumptions regarding rainfall during the rainy season based on recent data. The change to the standard allows the City to take into account potentially very low rainfall during the rainy season, and less than full replenishment of the City’s water supply storage.
At the City Council meeting of July 27, 2021, the City Council requested City staff enhance the monthly water report to include a forecast of available water supply, consistent with the adopted Urgency Ordinance. This request is consistent with the City's Fiscal Year 2021-22 Council Goal to develop a Comprehensive Water Security Framework, and the recently developed Framework that includes a goal to "Maximize Conservation During Water Emergency" and subtask 1C to "provide customers with comparison of actual vs. projected water demand" as well as Framework Goal Improve Consumer Satisfaction and Confidence" and subtask 3C to "additional analytical tools to improve consumer confidence."
DISCUSSION
City staff has developed a forecasting tool to facilitate its ability to optimize water use and track water availability. Included as Attachment 1 is the Monthly Water Report for April 2022. The water produced for April 2022 is down by 31% when compared to April 2021 and down by 28% when compared to the average of April 2018-2020. The storage in Bell Canyon graph (Attachment 2) shows the water availability forecast for Bell Canyon based on the highest water usage during a non-drought year.
Water Produced or Delivered per Source
Source
Average (2018 -
2020)
(Acre-Feet)
April 2021
(Acre-Feet)
April 2022
(Acre-Feet)
Bell Canyon 46 9 21
Stonebridge Wells 15 53 16
Napa Water 48 52 41
Total 109 114 78
Percent change from average of April 2018 - 2020: -28%
Percent change from April 2021: -31%
Continued Water Conservation
California experienced two consecutive dry years 2020 and 2021, and drought conditions state-wide persist. Due to the combination of warmer-than-average temperatures and minimal precipitation in the state, the Department of Water Resources (DWR) declared 2021 as the fourth-driest year on record statewide. The record-breaking dry period in January and February, 2022 and the absence of significant rains in March have required the Department of Water Resources to reduce anticipated deliveries from the State Water Project (SWP). However, the reduction does not affect St. Helena as the City has multiple Agenda Item #7.6.
robust water sources not affected by the executive order. Water availability from the Bell Canyon reservoir is based on the City's State Water Rights permit and not the SWP. The City has not received any curtailment order from the Department of Water Resources (DWR) nor does the City anticipate to receive one.
The City is still in drought conditions. Bell Canyon Reservoir has adequate water to support the City's needs through this calendar year with Phase I conservation measures in effect. As of May 1, Bell Canyon Reservoir elevation was at 417.69 feet representing approximately 2,062 acre feet (AF) and 86.5% capacity.
Due to the ongoing drought conditions, Phase I Water Emergency remains in effect. Staff will monitor State-wide and local drought conditions and provide updates on a monthly basis.
Water Supply Related Projects
Normal operations continue at Rutherford Pump Station (RPS) and the City is taking delivery of the allotment purchased from City of Napa. During the month of April, Rutherford Pump Station was producing an average of 0.44 MG/day for a total of 41 acre feet (AF) for the month. As of May 1, 2022, St. Helena has delivered approximately 300 AF from the City of Napa for FY 2021-22.
On May 10, 2022, City Council authorized Amendment No. 5 to the City of Napa Water Supply Agreement. The Amendment will reduce the amount of Base Supply St. Helena is obligated to pay Napa for in FY 2021-22 to 400 Acre Feet. The Unused Water Pursuant to Amendment No. 5 will be available to St. Helena over the course of five fiscal years commencing with FY 2023-24.
FISCAL IMPACT
Not applicable.
RECOMMENDED ACTION
Receive and file.
ATTACHMENTS
Attachment 1: MWR April 1-30, 2022
Attachment 2: Storage in Bell Canyon Graph, April 2022
Agenda Item #7.6.
CITY OF ST. HELENA
MONTHLY WATER REPORT
CC: CC __X__ PC__X__ FILE _____
RECEIVED: _____ BY: __
LOUIS
STRALLA
WATER PLANT
TK #1 & #2
ADJUST
20.63 6.72 0.02
26.6% 0.1%
27.58 MG MG
1.34 MG MG
0.40 MG MG
0.28 MG MG
%%
319.16 AF 31.1% 570.11 AF 40.3%
103.96 MG 185.77 MG
299.28 AF 29.2% 402.06 AF 28.4%
97.49 MG 131.01 MG
406.17 AF 39.6% 441.06 AF 31.2%
132.30 MG 143.71 MG
TOTAL WATER DELIVERY (ALL) 1024.61 AF 100.0% 1413.23 AF 100.0%
0.21 0.05
417.69 FT. FT.
‐0.81 FT. FT.
671.60 MG MG
86.5 %%
1.97 IN IN
26.43 IN IN
DISCLAIMER: The data presented in this report is approximate and for informational purposes only.
Updates will be provided if any errors are identified.
AVERAGE 58.2 52.6
REMARKS
City of Napa Water Delivery on Target: RPS producing an average of 0.44 MG/day during April 2022.
THIS YEAR THIS MONTH, LAST YR.
DEGREES IN FAHRENHEIT 43.2 ‐ 86.7 50 ‐ 74.4
TEMPERATURES
MONTHLY RISE OR DROP ‐0.60
CAPACITY AT END OF PERIOD 334.33
PERCENT OF FULL CAPACITY 42.0
RAINFALL IN THIS PERIOD 0.09
TOTAL RAINFALL SEASON TO DATE 13.12
ELEVATION BELL CANYON RESERVOIR 401.43
STONEBRIDGE APARTMENTS MG/April 1‐30 0.01 MG/April 1‐30
WATER ELEVATION, CAPACITY & RAINFALL
THIS FISCAL YEAR LAST FISCAL YEAR
NAPA VALLEY COLLEGE MG/April 1‐30 0.001 MG/April 1‐30
STONEBRIDGE POTABLE WELLS
SBW IRRIGATION WATER
THIS MONTH THIS MONTH, LAST YR.
THIS FISCAL YEAR LAST FISCAL YEAR
LOUIS STRALLA WATER PLANT
NAPA WATER
MINIMUM DAILY DELIVERY 0.11
AVERAGE DAILY DELIVERY 1.35
WATER YEAR TOTALS
WATER DELIVERY (AGGREGATE)
TOTAL DELIVERY THIS PERIOD 35.74
MAXIMUM DAILY DELIVERY 2.48
2.32 13.27
PERCENT 20.8% 52.5%
0.06 April 1 ‐ 30, 2022
STONEBRIDGE
POTABLE
WELLS
SBW
IRRIGATION
WATER
NAPA WATER
THIS YEAR LAST YEAR
AMOUNT PRODUCED in AF 16.13 7.11 40.72
AMOUNT PRODUCED in MG 5.25
Agenda Item #7.6.
Supply Level (Acre Feet)
2500
2250
2000
1750
1500
1250
1000
750
500
250
BellCanyon Water Storage Forecast
Assumes: (1) Highest usage during non—drought year (FY2019/20) (2) 10" of Rainfall (Lowest Recorded)
494
596 Acre Feet*
Available Storage
1466 1403 1329 1257
1168
1075
933 961 991 1018 1023 1011 983 926 852 779
691
603
521
596
Current May-22 Jun-22 Jul-22 Aug-22 Sep-22 Oct-22 Nov—22 Dec—22 Jan-23 Feb-23 Mar-23 Apr-23 May—23 Jun-23 Jul-23 Aug-23 Sep-23 Oct-23 *25% reserve for fire Date
Nov-23
523
596
Dec-23 Agenda Item #7.6.
Report to the City Council
Regular City Council - 24 May 2022
Agenda Section: CONSENT ITEMS
Subject: Consideration and proposed adoption of the following: (1) Resolution approving Change Order #1 and Change Order #2 totaling $54,840 to the Construction Contract with Got Power doing business as CD & Power STH Contract: FY2021-094 for Emergency Back-up Power Project C20-06 for a total not-toexceed amount of $340,595.25 and (2) Resolution accepting the work and final project construction costs of $340,595.25 and directing the filing of the Notice of Completion for CIP Project C20-06 Emergency Back-up Power
CEQA
Determination:
Class I Categorical Exemption under Section 15301 of CEQA Prepared By: Martin Beltran, Management Analyst
Reviewed By: Mark Rincon-Ibarra, Public Works Director and City Engineer Approved By: James C. McCann, Interim City Manager
BACKGROUND
Following the 2017 October Wildfire Disaster, the City of St. Helena identified risks that had not been previously considered. One risk identified is a PG&E Public Safety Power Shutoff (PSPS). The City has several critical facilities that provide essential services to first responders and the citizens of St. Helena. The City determined it was essential to provide a permanent source of back-up power generation to these critical facilities and minimize the impacts of a future disaster on St. Helena.
On November 12, 2019, the City was awarded Hazard Mitigation Grant Program (HMGP) funds for designated fixed generator for the Library and three generators to serve three utility locations: Flood Control Levee Site, Stonebridge Wells and the Madrone Knoll Pump Station. The total eligible costs are $647,189, with up to $485,391.75, or 75%, of the funding coming from HMGP funds.
Agenda Item #7.7.
On December 10, 2019, City Council accepted award of the generator grant and approved a budget for CIP Project No. C20-06 Emergency Back-up Power.
On November 24, 2020, City Council adopted a resolution awarding an equipment purchase agreement with Gonneville, Inc. for a total not to exceed agreement of $314,544.97 to provide generators for the following locations:
1. Portable Generator - will be located at the rural Madrone Knoll Pump Station and will only be moved during times of maintenance at the facility due to site constraints.
2. Fixed-position Generator - Stonebridge Wells
3. Fixed-position Generator - Flood Control Levee Site
4. Fixed-position Generator - Library
On December 8, 2020, City Council awarded the construction contract to Got Power, Inc. doing business as CD & Power for CIP Project C20-06 Emergency Back-up Power in the amount of $285,755.25.
DISCUSSION
CD & Power was awarded the C20-06 Emergency Back-up Power project in the amount of $285,755.25. The Director of Public Works was authorized to approve change orders (CCO) for construction contingency for unforeseen conditions not to exceed 10% of the construction contract - up to $28,575.53. During construction, PG&E added installation requirements for the Library generator which necessitated the installation of additional equipment and labor. The Director expedited authorization of two contract change orders totaling $54,840. The change orders are summarized below:
Number Description Amount
Contract Amount: CD & Power Award of Contract $285,755.25 CCO #1
Additional Equipment, Material, and Labor:
• Electrical modification on main
switchboard
• Civil and electrical at genset pad site
$49,960.00
CCO #2 Additional Equipment, Material, and Labor:
• Main circuit board and installation $4,880.00
TOTAL COSTS $340,595.25
The above listed Change Orders represent unforeseen requirements placed on the project by PG&E and expedited by the Director to avoid construction delays and additional mobilization costs. However, they represent a contract exceedance of $54,840 and an authorized budget exceedance of $26,264.47.
The Director is requesting authorization from Council to accept these quantity balancing change orders retroactively and authorize a budget amendment for a project total of $340,595.25.
Agenda Item #7.7.
The contractor has delivered the all work including that discussed in the above listed change orders. Public Works Department has inspected the work and found the work to be completed in accordance with the contract documents and the additional PG&E requirements.
City staff recommend that Council authorize the resolution approving the contract change orders, and subsequently accept the improvements and authorize the Director to record a Notice of Completion concerning the project with the Napa County Recorder's Office, release final payment and all undisputed retention to the contractor.
FISCAL IMPACT
The total estimated project expenditures are summarized below:
C20-06 Emergency Back-up Power Project
Expenditure Adopted Budget Estimated
Costs
Design $64,719 $20,082
Construction - Equipment Purchase $314,544.97 $299,544.98 Construction - Construction Contract
(Installation) with Contingency $314,330.78 $340,595.25 Total Cost $693,594.75 $660,222.23
Funding for C20-06 includes a combination of Civic CIP and Hazardous Mitigation Grant Program (HMGP) Funds. The City received $485,391.75 in HMGP funds for this project.
RECOMMENDED ACTION
Staff recommends City Council adopt the two attached resolutions.
ATTACHMENTS
Attachment 1: Resolution Change Orders
Attachment 2: Contract Change Order No. 1
Attachment 3: Contract Change Order No. 2
Attachment 4: Resolution NOC
Attachment 5: C20-06 Emergency Back-up Power NOC
City Contract Change Order No. 1_CD & Power
Agenda Item #7.7.
CITY OF ST. HELENA
RESOLUTION NO. 2022-
RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ST.
HELENA Authorizing the
Director of Public Works to
approve Change Order #1 and
Change Order #2 totaling
$54,840 to the Construction
Contract with Got Power doing
business as CD & Power STH
Contract: FY2021-094 for
Emergency Back-up Power
Project C20-06, for a total not
to exceed contract amount of
$340,595.25.
WHEREAS, On November 12, 2019, the City was
notified the City of St. Helena was approved for HMGP funds for these generators. The total eligible costs are $647,189, with up to $485,391.75, or 75%, of the funding coming from HMGP funds; and
WHEREAS, On December 10, 2019, City Council
accepted award of the generator grant and approved a
budget for CIP Project No. C20-06 Emergency Back-up
Power; and
WHEREAS, On November 24, 2020, City Council
adopted a resolution awarding an equipment purchase
agreement with Gonneville, Inc. to provide generators for the following locations:
• Portable Generator - will be located at the
rural Madrone Knoll Pump Station and will
only be moved during times of maintenance
at the facility due to site constraints.
• Fixed-position Generator - Stonebridge
Wells
• Fixed-position Generator - Flood Control
Levee Site
• Fixed-position Generator - Library
WHEREAS, On December 8, 2020, the City of St.
Helena Council awarded the C20-06 Emergency Back-up
Agenda Item #7.7.
CITY OF ST. HELENA
Power Project to Got Power, Inc. doing business as CD & Power in the amount of $285,755.25, and authorized the
Director of Public Works to approve change orders not-toexceed 10% of the contract amount; and WHEREAS, The current Scope of Services does not
include the funds, or the additional work needed to allow CD & Power to make electrical modification on the main
switchboard, modifications to civil and electrical at genset pad site, and installation of the main circuit board; and WHEREAS, Change Order #1 is for an additional
$49,960 and Change Order #2 is for an additional $4,880; and
WHEREAS, staff is recommending Change Order #1
and Change Order #2 totaling $54,840 to the Construction Contract with Got Power doing business as CD & Power
STH Contract: FY2021-094 for Emergency Back-up Power
Project C20-06, for a total not to exceed contract amount of $340,595.25.
NOW, THEREFORE BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF ST. HELENA AS
FOLLOWS:
SECTION 1. The above recitals are true and correct
and are incorporated herein by this reference.
SECTION 2. That the City Council authorizes the
Director of Public Works to approve Change Order #1 and Change Order #2 totaling $54,840 to the Construction
Contract with Got Power doing business as CD & Power
STH Contract: FY2021-094 for Emergency Back-up Power
Project C20-06, for a total not to exceed contract amount of $340,595.25.
SECTION 3. This Resolution shall become effective
immediately.
Approved at a Regular Meeting of the St. Helena City
Council on May 24, 2022, by the following vote:
Mayor Ellsworth:
Agenda Item #7.7.
CITY OF ST. HELENA
Vice Mayor Dohring:
Council Member Chouteau:
Council Member Hall:
Council Member Hardy:
APPROVED: ATTEST:
Geoff Ellsworth, Mayor Cindy Tzafopoulos, City
Clerk
Agenda Item #7.7.
City of St. Helena
“We will conduct city affairs on behalf of our citizens using an open and creative process.”
Emergency Back-up Power Project C20-06 CCO #001
1572 Railroad Avenue
St. Helena, CA 94574
Phone: (707) 967-2792
Fax: (707) 963-7748
www.cityofsthelena.org
OFFICE OF THE DIRECTOR OF PUBLIC WORKS AND CITY E NGINEER Contract Change Order #1
To: Got Power, Inc. doing business as CD & Power
150 Nardi Lane
Martínez, CA 94553
From: Mark A. Rincón-Ibarra, P.E.
Public Works Director/City Engineer
Date: 05/20/2022
Re: Emergency Back-up Power, CIP Project No. C20-06
CD & Power is directed to make the following changes to the Contract documents. You are directed as follows:
Additional Work:
CD & Power will provide additional equipment, material, and labor due to unforeseen requirements placed on the project by PG&E. As a result, CD & Power will make electrical modification on the main switchboard and modifications to civil and electrical at genset pad site.
Number Description Amount
Contract Amount: CD & Power Award of Contract $285,755.25 CCO #1
Additional Equipment, Material, and Labor:
• Electrical modification on main switchboard
• Civil and electrical at genset pad site
$49,960.00
Adjustment in Compensation:
The compensation of Contract Change Order #1 is for an additional $49,960 for a new total not-toexceed amount of $335,715.25.
Working Days
No working days extension will be allowed.
Agenda Item #7.7.
Emergency Back-up Power Project C20-06 CCO #001
2 City of St. Helena
We, the undersigned contractor, have given careful consideration to the change proposed and agree, if this proposal is approved, to provide all labor and equipment, furnish all materials, and to perform all services necessary for the work above specified, and will accept as full payment, therefore, the prices shown above.
CONTRACTOR ACCEPTANCE BY:
SIGNATURE (PRINT NAME AND TITLE) DATE
PREPARED BY
SIGNATURE (PRINT NAME AND TITLE)
Mark A. Rincón-Ibarra
Director of Public Works
City of St. Helena
DATE
APPROVAL BY
SIGNATURE (PRINT NAME AND TITLE)
James C. McCann
Interim City Manager
City of St. Helena
DATE
Agenda Item #7.7.
City of St. Helena
“We will conduct city affairs on behalf of our citizens using an open and creative process.”
Emergency Back-up Power Project C20-06 CCO #002
1572 Railroad Avenue
St. Helena, CA 94574
Phone: (707) 967-2792
Fax: (707) 963-7748
www.cityofsthelena.org
OFFICE OF THE DIRECTOR OF PUBLIC WORKS AND CITY E NGINEER Contract Change Order #2
To: Got Power, Inc. doing business as CD & Power
150 Nardi Lane
Martínez, CA 94553
From: Mark A. Rincón-Ibarra, P.E.
Public Works Director/City Engineer
Date: 05/20/2022
Re: Emergency Back-up Power, CIP Project No. C20-06
CD & Power is directed to make the following changes to the Contract documents. You are directed as follows:
Additional Work:
CD & Power will provide additional equipment, material, and labor due to unforeseen requirements placed on the project by PG&E. As a result, CD & Power are to procure a compatible main circuit board and provide installation services.
Number Description Amount
Contract Amount: CD & Power Award of Contract $285,755.25 CCO #1
Additional Equipment, Material, and Labor:
• Electrical modification on main switchboard
• Civil and electrical at genset pad site
$49,960.00
CCO #2
Additional Equipment, Material, and Labor:
• Main circuit board and installation $4,880.00
TOTAL COSTS $340,595.25
Agenda Item #7.7.
Emergency Back-up Power Project C20-06 CCO #002
2 Adjustment in Compensation:
The compensation of Contract Change Order #2 is for an additional $4,880 for a new total not-toexceed amount of $340,595.25.
Working Days
No working days extension will be allowed.
City of St. Helena
We, the undersigned contractor, have given careful consideration to the change proposed and agree, if this proposal is approved, to provide all labor and equipment, furnish all materials, and to perform all services necessary for the work above specified, and will accept as full payment, therefore, the prices shown above.
CONTRACTOR ACCEPTANCE BY:
SIGNATURE (PRINT NAME AND TITLE) DATE
PREPARED BY
SIGNATURE (PRINT NAME AND TITLE)
Mark A. Rincón-Ibarra
Director of Public Works
City of St. Helena
DATE
APPROVAL BY
SIGNATURE (PRINT NAME AND TITLE)
James C. McCann
Interim City Manager
City of St. Helena
DATE
Agenda Item #7.7.
CITY OF ST. HELENA
RESOLUTION NO. 2022-
Resolution accepting the work
and final project construction
costs of $340,595.25 and
directing the filing of the Notice
of Completion for CIP Project
C20-06 Emergency Back-up
Power
RECITALS
A. The Federal 2017 October Wildfire Disaster
declaration opened the opportunity to compete
for Hazard Mitigation Grant Program (HMGP)
funding.
B. In July 2018, City staff submitted a Hazard
Mitigation Grant Program (HMGP) funding
application requesting a designated fixed
generator for the Library and three generators
to serve three utility locations: Flood Control
Levee Site, Stonebridge Wells, and the
Madrone Knoll Pump Station; and
C. On November 12, 2019, the City was awarded
HMGP funds for designated fixed generator for
the Library and three generators to serve three
utility locations: Flood Control Levee Site,
Stonebridge Wells and the Madrone Knoll
Pump Station. The total eligible costs are
$647,189, with up to $485,391.75, or 75%, of
the funding coming from HMGP funds; and
D. On December 10, 2019, City Council accepted
award of the generator grant and approved a
budget for CIP Project No. C20-06 Emergency
Back-up Power; and
E. On November 24, 2020, City Council adopted
a resolution awarding an equipment purchase
agreement with Gonneville, Inc. for a total not
to exceed agreement of $314,544.97; and
F. On December 8, 2020, the City of St. Helena
Council awarded the C20-06 Emergency Backup Power Project to Got Power, Inc. doing business as CD & Power in the amount of
Agenda Item #7.7.
$285,755.25, and authorized the Director of
Public Works to approve change orders not-toexceed 10% of the contract amount; and G. During construction, PG&E added installation
requirements for the Library generator which
necessitated the installation of additional
equipment and labor. The Director expedited
authorization of two contract change orders
totaling $58,840 as follows:
Number Description Amount
CCO #1
Additional Equipment,
Material, and Labor:
• Electrical
modification on
main
switchboard
• Civil and
electrical at
genset pad site
$49,960
CCO #2
Additional Equipment,
Material, and Labor:
• Main circuit
board and
installation
$4,880
Contract Change Orders Total $54,840
G. The final construction contract amount is $340,595.25, which includes two change orders totaling $54,840; and
H. The project has been inspected and CD & Power has
completed the work in accordance with the contract
documents for the project; and
I. If no liens or claims have been filled within 35 days of filing the Notice of Completion, the retained payment
funds, and any amount due will be released to CD &
Power.
RESOLUTION
The City Council of the City of St. Helena hereby resolves as follows:
1. The contract entitled C20-06 Emergency Back-up
Power, with the final contract amount of $340,595.25,
is accepted as complete, subject to the Contractor,
CD & Power, completing the punch list work prior to
Agenda Item #7.7.
the release of the retention, and the Contractor’s
continuing warranty and other obligations pursuant to
the contract.
2. A budget amendment increasing the total project
budget to $340,595.25 is approved and the Director is
authorized to accept the Quantity Balancing Change
Orders #01 and #02.
3. The Public Works Director/City Engineer is authorized to prepare a Notice of Completion and the City Clerk
is directed to file a Notice of Completion with the
Napa County Recorder.
Approved at a Regular Meeting of the St. Helena City
Council on May 24, 2022, by the following vote:
Mayor Ellsworth: __________
Vice Mayor Dohring: __________
Councilmember Chouteau:__________
Councilmember Hall: __________
Councilmember Hardy: __________
APPROVED: ATTEST:
________________ _____________________________
Geoff Ellsworth, Mayor Cindy Tzafopoulous, City Clerk
Agenda Item #7.7.
Recording Requested By:
City of St Helena
1572 Railroad Avenue
St Helena, CA 94574
Exempt From Recording Fees Per
Government Code Sec. 27383
When Recorded Mail To:
City Clerk
City of St Helena
1572 Railroad Avenue
St Helena, CA 94574
SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is an owner of an interest of estate in the hereinafter described real property, the nature of which interest or estate is: fee simple.
2. The full name and address of the undersigned owner and of any and all co-owners are:
Name Street and No. City State
City of St Helena 1572 Railroad Avenue St Helena CA
3. Work or Improvement on the property hereinafter described as the C20-06 Emergency Back-up Power project was completed and accepted by the City of St. Helena City Council on May 24, 2022.
4. The work done was: procure and install generators for the Madrone Knoll Pump Station, Stonebridge Wells and Flood Control Site to ensure fully operational utility and flood control during natural disasters and/or power outages that are otherwise out of the control of the City and its residents. Procure and install a fixed generator at the City Library to provide a fully functional location for the community to gather for disaster related information, safety from potentially dangerous conditions, and support charging stations.
5. The name of the original contractor for the work of improvement as a whole was: Got Power, Inc. doing business as CD & Power.
6. The real property herein referred to is situated in the City of St Helena, County of Napa, State of California, and described as follows: Portable Generator located at Madrone Knoll Pump Station (APN 025-352-020). Fixed-position Generators at City Library (1492 Library Lane); Flood Control Levee Site (APN 009-030-056); and Stonebridge Wells (APN 009-070-027).
By:
Owner’s Authorized Agent’s Signature
Mark A. Rincón-Ibarra, PE Public Works Director/City
Engineer
Agenda Item #7.7.
VERIFICATION
I, the undersigned, say:
I am the person who signed the foregoing notice. I have read the above notice and know its contents, and the facts stated therein are true of my own knowledge.
I declare under the penalty of perjury that the above is true and correct.
Executed at St. Helena, California, this 24th day of May, 2022.
City of St. Helena
Mark A. Rincón-Ibarra, Public Works Director
Agenda Item #7.7.
City of St. Helena
“We will conduct city affairs on behalf of our citizens using an open and creative process.”
Emergency Back-up Power Project C20-06 CCO #001
1572 Railroad Avenue
St. Helena, CA 94574
Phone: (707) 967-2792
Fax: (707) 963-7748
www.cityofsthelena.org
OFFICE OF THE DIRECTOR OF PUBLIC WORKS AND CITY E NGINEER Contract Change Order #1
To: Got Power, Inc. doing business as CD & Power
150 Nardi Lane
Martínez, CA 94553
From: Mark A. Rincón-Ibarra, P.E.
Public Works Director/City Engineer
Date: 05/20/2022
Re: Emergency Back-up Power, CIP Project No. C20-06
CD & Power is directed to make the following changes to the Contract documents. You are directed as follows:
Additional Work:
CD & Power will provide additional equipment, material, and labor due to unforeseen requirements placed on the project by PG&E. As a result, CD & Power will make electrical modification on the main switchboard and modifications to civil and electrical at genset pad site.
Number Description Amount
Contract Amount: CD & Power Award of Contract $285,755.25 CCO #1
Additional Equipment, Material, and Labor:
• Electrical modification on main switchboard
• Civil and electrical at genset pad site
$49,960.00
Adjustment in Compensation:
The compensation of Contract Change Order #1 is for an additional $49,960 for a new total not-toexceed amount of $335,715.25.
Working Days
No working days extension will be allowed.
Agenda Item #7.7.
Emergency Back-up Power Project C20-06 CCO #001
2 City of St. Helena
We, the undersigned contractor, have given careful consideration to the change proposed and agree, if this proposal is approved, to provide all labor and equipment, furnish all materials, and to perform all services necessary for the work above specified, and will accept as full payment, therefore, the prices shown above.
CONTRACTOR ACCEPTANCE BY:
SIGNATURE (PRINT NAME AND TITLE) DATE
PREPARED BY
SIGNATURE (PRINT NAME AND TITLE)
Mark A. Rincón-Ibarra
Director of Public Works
City of St. Helena
DATE
APPROVAL BY
SIGNATURE (PRINT NAME AND TITLE)
James C. McCann
Interim City Manager
City of St. Helena
DATE
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Report to the City Council
Regular City Council - 24 May 2022
Agenda Section: PUBLIC HEARINGS
Subject: Discussion of potential activities and projects for inclusion in the 2022 Community Development Block Grant (CDBG)
Applications.
CEQA
Determination:
Not a CEQA project
Prepared By: Mandy Kellogg, Asst. Administrative Services Director Reviewed By: April Mitts, Administrative Services Director Approved By: James C. McCann, Interim City Manager
BACKGROUND
On April 19, 2022, the California Department of Housing and Community Development (Department) announced the availability of approximately $30 million in funding available through the federal Small Cities Community Development Block Grant Program (CDBG) for the 2022 funding year. CDBG funds are provided as grants to Non-Entitlement Jurisdictions. The objectives of the CDBG program are to develop viable communities by the provision of decent affordable housing, by a suitable living environment, and to expand economic opportunities, principally for the benefit of low- and moderate-income (LMI) persons, families, households, and neighborhoods.
Funding awarded through this Notice of Funding Availability (NOFA), Attachment A, will have a 36-month expenditure and liquidation period. Awards will be limited to $1.5 million per jurisdiction, including all applications submitted under this 2022 NOFA.
There will be no Multifamily Housing, Housing Infrastructure, and Community Development (CD) Project funding in this NOFA. The Department will continue to fund down the Over-the-Counter (OTC) waiting list from the 2019-2020 NOFA.
Capital Improvement Projects - The Department will not accept any new CD OTC capital improvement (Project) applications for the 2022 funding round. As part of the CDBG Agenda Item #8.1.
redesign, the Department implemented OTC applications for capital improvement Projects for multifamily housing, infrastructure, and public facilities in the 2019-2020 NOFA. This solicitation was oversubscribed and, in response to stakeholder feedback, those applications that were not funded were placed on a waitlist. The Department will continue to fund down the existing waitlist of shovel-ready Projects through the 2022 program year if the funds from this NOFA are undersubscribed.
Application deadlines are as follows:
Program Application Due Date
Community Development Competitive Programs June 20, 2022 3:00 PM Economic Development July 18, 2022 3:00 PM
Project/Activity Selection
In order to be considered eligible, a suggested project/activity must meet one or more of the three National Objectives listed in CDBG Federal Statutes:
• Benefit to low- and moderate-income persons;
• Prevention or elimination of slums and blight; or
• Meeting an urgent community need which poses an immediate threat to the health and welfare of the community (State designates when the “urgent need” objective is allowed for a NOFA).
The benefit to low- and moderate-income persons is the most predominately used National Objective. In order to benefit low- or moderate-income persons, the project/activity must either benefit an area that is comprised of at least 51% low- or moderate-income households, or the program benefits individually qualified households (i.e., each participating household is income certified).
Eligible jurisdictions may apply for a maximum of three applications, with one project or program per application and one application per activity, with total funding not-to-exceed $1,500,000. When applying for Community Development and Economic Development activities, the combined maximum may not exceed $1,500,000. In addition to meeting one of the three National Objectives, the project/activity must also fall under one of the categories listed below:
1. Housing and Community Development (CD) Activities - The maximum grant award for all Community Development Activities is $1.5 million per Jurisdiction. Pursuant to 24 CFR §570.482, eligible activities and maximum grant award amounts for funding the CDBG program include, but are not limited to:
o Housing Assistance to single-family units
▪ Single Family (1-4 units) Homebuyer Assistance (maximum grant of $500,000): assistance with loans for down-payment or closing costs. ▪ Single Family (1-4 units) Housing Rehabilitation (maximum grant of $500,000): loans for repairs and improvements of owner-occupied units.
Agenda Item #8.1.
o Non-housing community development activities
▪ Public Services (maximum grant of $500,000): (Please note that rental subsistence payments are being allowed in this NOFA) Examples include rental subsistence, employment services, crime prevention and public safety, child care, health services, substance abuse services, fair housing counseling, education programs, energy conservation, services for senior citizens, services for homeless persons, welfare services, down payment assistance, and recreational services benefiting low- and moderate-income persons. ▪ Planning and Technical Assistance (maximum grant of $250,000):
The product must show a connection to assisting with an eligible CDBG activity that, if implemented, meets a National Objective.
Product(s) are submitted to the State at the time of completion. The grant requires a five percent cash match to be expended prior to expenditure of CDBG funds. Examples include studies, analysis, and data gathering.
2. Economic Development Activities - The maximum grant award for all Economic Development Activities is $1.5 million per Jurisdiction. o Business Assistance and Microenterprise Assistance - (maximum grant of $750,000): Examples include financing of working capital, furniture, equipment, and property repairs/improvements.
o Infrastructure in Support of Businesses (maximum grant amount of $1,500,000)
o Economic Development Planning and Technical Assistance (maximum grant amount of $250,000)
DISCUSSION
After release of the 2022 NOFA, staff carefully reviewed amendments to the project funding eligibility. One notable change is that there will be no Multifamily Housing, Housing Infrastructure, and Capital Improvement Project funding in this NOFA. Due to the substantial amount of projects submitted in these categories under the 2019-20 NOFA, HCD continues to fund down projects on the waiting list. HCD has indicated that once funding of the waiting list is complete then funds may become available in these categories, which could be as early as the 2023 NOFA cycle. In addition, rental subsistence payments are being allowed.
After compiling several project ideas, staff contacted HCD and reviewed the potential project list to determine their feasibility.
Staff is recommending the following potential projects to be included in the 2022 NOFA application period based on feedback received from HCD regarding eligible projects and staff capacity to prepare the applications by the deadline:
1. Housing Assistance - Housing Rehabilitation Program (maximum grant amount up to $500,000): The funding will be used to continue the Owner-Occupied Agenda Item #8.1.
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 lowto moderate-income households that are in need of rental assistance.
Below is a summary of pending and approved applications under the 2019-2020 NOFA, 2021 NOFA, and CV-1 and 2/3 allocations:
Project/Activity Pending
Projects Awarded Projects Notes
Christine Apartments $1,429,111 Awarded - Project
Complete
Hunt's Grove Parking
Lot $200,000 On Waiting List
Public Services -
Mental Health $500,000 Conditionally Awarded
CDBG-CV1 -
Childcare Scholarship
Program
$74,484 Awarded - In
Progress
CDBG-CV2/3 -
Childcare Scholarship
Program
$71,053
Awarded -
Requesting
Amendment
CDBG-CV2/3 - Utility
Assistance Program $200,000 Awarded - In Progress
Economic
Development -
Business Assistance
$500,000 Application Pending
The City currently has two pending grant applications under prior year CDBG NOFAs, as follows:
1. Hunt's Grove Parking Lot Project (grant request $200,000): The apartment complex was built on City property and has been in existence since 1991. The property is leased to Hunt's Grove (Bridge Housing Corporation) and is comprised of affordable housing units. These has been an on-going parking related issue at Hunt's Grove Apartments. The proposed project will expand and improve parking for Hunt's Grove Apartments. The City evaluated the potential of expanding parking at this site to minimize parking in the streets. Based on preliminary plans, Agenda Item #8.1.
it appears an additional six tandem spots would fit in the proposed area, creating space for an additional 12 parked cars.
2. Economic Development - Business Assistance (grant request $500,000):
Funding will be used for a Business Assistance Program for the purpose of establishing a business assistance revolving loan fund, which will provide flexible low interest forgivable loans to small and medium sized businesses in the City of St. Helena to offset the negative impacts of COVID-19 to assist with financial recovery and business expansion.
As stated above, staff is recommending the following three projects be included in the 2022 NOFA:
1. Housing Assistance - Housing Rehabilitation Program (maximum grant amount up to $500,000), and
2. Planning and Technical Assistance (maximum grant amount up to $250,000), and
3. Public Services - Rental Subsistence Program (maximum grant amount up to $500,000).
Staff is seeking feedback from the City Council and community if the recommended projects should be included in the upcoming application period or if there is interest in a different project. Staff will present the final recommendations and request approval of a resolution authorizing submission of the applications to the State of California at a Public Hearing during the June 14th City Council meeting.
FISCAL IMPACT
There is no fiscal impact associated with the discussion and direction of this item.
RECOMMENDED ACTION
Provide direction on the activities and projects to be considered for funding under the 2022 Community Development Block Grant program.
ATTACHMENTS
Attachment A - NOFA-CDBG-2022-NOFA-Final
Agenda Item #8.1.
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF FEDERAL FINANCIAL ASSISTANCE
2020 W. El Camino Avenue, Suite 200, 95833
P.O. Box 952054
Sacramento, CA 94252-2054
(916) 263-2771
www.hcd.ca.gov
April 19, 2022
MEMORANDUM FOR: All Potential Applicants
FROM: Geoffrey M. Ross, Deputy Director
Division of Federal Financial Assistance
SUBJECT: 2022 Community Development Block Grant Program Notice of Funding Availability
The California Department of Housing and Community Development (Department) is pleased to announce the release of this Notice of Funding Availability (NOFA) for approximately $30 million in federal funds for the 2022 Community Development Block Grant (CDBG) program. The Department is also releasing an amendment to the State of California Final CDBG Program Guidelines to change the requirement for housing element compliance from the time of application to the time of award of funding.
Funding for this NOFA is available to the state from the United States Department of Housing and Urban Development (HUD), pursuant to the Housing Community Development Act of 1974, as amended and 24 Code of Federal Regulation (CFR) Part 570 Subpart I “State Community Development Block Grant Program”. These regulations require the state to make funds available to units of general local government in the state’s non-entitlement areas. Units of general local government are defined by HUD as political subdivisions of the state, which in California are towns, cities, and counties.
Only non-federally recognized Tribes can receive funding through applications submitted by non-entitlement cities and counties. No direct funding from the Department can be provided to Tribes, Tribal Designated Housing Entities, or nonprofits.
CDBG funds are provided as grants for a wide range of activities directed toward Economic Development (ED), improvement of community facilities and infrastructure, neighborhood revitalization, and public services. All CDBG activities must meet one of the following National Objectives: benefit low- and moderate-income persons; aid in the prevention or elimination of slums and blight; or meet certain urgent community needs.
This NOFA provides detailed information on the application process for CDBG funding.
The critical priority for this funding is to ensure all eligible persons receive equitable access to services, and are served with dignity, respect, and compassion regardless of circumstance, ability, or identity, which includes marginalized populations, including but not limited to, Black, Native and Indigenous, Latinx, Asian, Pacific Islanders and other people of color, immigrants, people with criminal records, people with disabilities, people with mental health and substance abuse vulnerabilities, people with limited English
ATTACHMENT A
Agenda Item #8.1.
CDBG 2022 Notice of Funding Availability
April 6, 2022
proficiency, people who identify as transgender, people who identify as LGBTQ+, and other individuals that may not traditionally access mainstream support. Additionally, the Department expects eligible Applicants to plan for how this funding will reduce disparities and increase racial equity in their communities.
Applications for CDBG funding under this NOFA will be accepted via the Department’s online grant application and management system, Grants Network, supported by eCivis.
Profile set-up instructions and other technical assistance can be found on the webpage under Training and Technical Assistance at eCivis Grants Network User.
NOFA Deadlines
Housing and Community Development Programs
Community Development Competitive
Programs Applications Due
June 20, 2022, at 3:00 p.m.
Pacific Daylight Time (PDT)
There will be no Multifamily Housing, Housing Infrastructure, and Community Development Project funding in this NOFA. The Department will continue to fund down the Over-the-Counter (OTC) waiting list from the 2019-2020 NOFA.
Economic Development Projects and Programs
Economic Development Applications Due July 18, 2022, at 3:00 p.m. PDT Applications in partnership with non-federally recognized Tribes Non-Federally Recognized Tribes August 19, 2022, at 3:00 p.m. PDT To receive CDBG program NOFA FAQs, emails, and other information and updates, please subscribe to the Federal Programs listserv. If you have any questions, please submit them to [email protected].
All activities in this NOFA are subject to availability of funds and continuing HUD and legislative authority.
Attachment
NOFA Release April 19, 2022
Application Submittal Start Date: April 20, 2022
Agenda Item #8.1.
Community Development Block Grant Program
2022 Notice of Funding Availability
Gavin Newsom, Governor
State of California
Lourdes M. Castro Ramírez, Secretary
Business, Consumer Services and Housing Agency
Gustavo Velasquez, Director
California Department of Housing and Community Development 2020 W. El Camino Avenue, Suite 500, Sacramento, CA 95833 Telephone: (916) 263-2771
Website: https://www.hcd.ca.gov/grants-funding/active-funding/cdbg.shtml Community Development Block Grant Program email: [email protected] April 6, 2022
Agenda Item #8.1.
CONTENTS
I. Overview .......................................................................................................................... 1 A. Notice of Funding Availability ........................................................................................... 1 B. Tentative Timeline............................................................................................................ 1 C. What is new in this NOFA ................................................................................................ 2 D. Authorizing Legislation..................................................................................................... 3 E. Definitions........................................................................................................................ 4 II. Program Requirements................................................................................................... 4 A. Eligible Applicants............................................................................................................ 4 B. Restrictions on Multiple Activities in the Same Political Districts....................................... 5 C. Allocation and Funding .................................................................................................... 5 D. State Allocations .............................................................................................................. 6 E. Special Allocations........................................................................................................... 7 F. Federal Limits .................................................................................................................. 7 G. Activity Delivery ............................................................................................................... 8 H. Insufficient Demand ......................................................................................................... 9 I. Eligible Activities .............................................................................................................. 9 J. Activity Limits................................................................................................................... 9 III. Application Requirements .............................................................................................10 A. National Objectives.........................................................................................................10 B. Milestones ......................................................................................................................12 C. Conditions.......................................................................................................................13 IV. Application Threshold and Initial Requirements..........................................................13 A. Threshold Requirements.................................................................................................14 B. Application and Activity Requirements ............................................................................18 V. Application Review ........................................................................................................21 VI. Award Recommendations .............................................................................................22 VII. Application Submission.................................................................................................22 A. Workshops......................................................................................................................22 B. Disclosure of application..................................................................................................23 VIII. Appeal Criteria and Process..........................................................................................24 A. Appeal process and deadlines.........................................................................................24 B. Appeal decisions .............................................................................................................24 C. Effectiveness ..................................................................................................................24 IX. Awards announcement and grant implementation.......................................................25 A. Awards announcements..................................................................................................25 B. Standard Agreements .....................................................................................................25 X. Federal program requirements ......................................................................................25 A. Federal Cross-Cutting Requirements..............................................................................25 B. Relocation plan requirement............................................................................................26 C. Procurement ...................................................................................................................27 D. False, Fictitious or Fraudulent Claims .............................................................................27 E. Detecting, Preventing, and Reporting Fraud ...................................................................27 F. Combatting Fraud ...........................................................................................................27 Agenda Item #8.1.
APPENDICES
Appendix A: Non-Entitlement CDBG Jurisdictions Census and American Community Survey Data Need Scoring
Appendix B: Housing Element and Growth Control Requirements Appendix C: Citizen Participation, Public Hearings, and Public Information FileRequirements
Appendix D: Sample Resolution of Governing Body
Appendix E: IDIS Matrix - CDBG Eligibility Activity Codes and National Objectives
Appendix F: Accessing CDBG Income Limits by Country and HUD Low/Moderate-Income Area Benefit Data
Appendix G: Determining Service Area
Appendix H: CDBG Income Survey Information
Appendix I: State Objective Criteria and Scoring
Appendix J: 2021 CDBG Application Certifications and Statement of Assurances
Appendix K: Sample DRAFT Standard Agreement
Appendix L: Scoring Matrix
Appendix M: Program Expectations for Economic Development Activities Appendix N: Racial Equity
Note – Appendices are located in eCivis in the ‘Files’ tab on the Department under each specific program solicitation
Agenda Item #8.1.
California Department of Housing and Community Development 1 CDBG 2022 NOFA – April 6, 2022
I. Overview
A. Notice of Funding Availability
The California Department of Housing and Community Development (Department) announces the availability of approximately $30 million in funding available through the federal Small Cities Community Development Block Grant Program (CDBG) for the 2022 funding year. CDBG funds are provided as grants to Non-Entitlement Jurisdictions. The objectives of the CDBG program are to develop viable communities by the provision of decent affordable housing, a suitable living environment, and to expand economic opportunities, principally for the benefit of Low- and Moderate-Income (LMI) persons, families, households, and neighborhoods. LMI is defined as neighborhoods, families, households, and individuals whose income does not exceed 80 percent of the county median income, as adjusted by the United States Department of Housing and Urban Development (HUD) for family household size.
All applications will be reviewed for completeness and compliance with state and federal requirements. Only complete and compliant applications will be eligible for application review, approval, and potential funding.
B. Tentative Timeline
The timeline below identifies deadlines for the 2022 program year application process.
NOFA Deadlines
Housing and Community Development Programs
Community Development Competitive
Programs Applications Due
June 20, 2022, at 3:00 p.m. Pacific Daylight
Time (PDT)
There will be no Multifamily Housing, Housing Infrastructure, and Community Development Project funding in this NOFA. The Department will continue to fund down the Over-the-Counter (OTC) waiting list from the 2019-2020 NOFA.
Economic Development Projects and Programs
Economic Development Applications Due July 18, 2022, at 3:00 p.m. PDT Applications in partnership with non-federally recognized tribes Non-federally recognized Tribes August 19, 2022, at 3:00 p.m. PDT NOFA Release April 19, 2022
Application Submittal Start Date: April 20, 2022
Agenda Item #8.1.
California Department of Housing and Community Development 2 CDBG 2022 NOFA – April 6, 2022
Undersubscribed ED OTC and Competitive program funds remaining at the close of the 2022 CDBG NOFA will be rolled into the CD OTC waitlist of projects submitted under the 2019 Housing and Non-Housing OTC applications in the 2019-2020 NOFA.
Applications submitted before the application start date or after the respective due date or closing date will not be accepted. There will be no exceptions. The Department recommends Applicants plan to submit their application(s) well before the final due or closing date to provide opportunity for troubleshooting if needed.
Each application will be digitally time stamped upon submittal.
C. What is new in this NOFA
1. Resolution
The Department-approved resolution form provided within the appendices of the NOFA MUST BE used. Applications that are submitted with resolutions that are not on the Department-mandated form will be disqualified. 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.
This is an internal control to prevent and detect fraud as required by HUD. This resolution also allows Standard Agreements to be executed without delay that can result when a resolution is not acceptable to the Department.
2. Capital Improvement Projects
The Department will not accept any new CD OTC capital improvement (Project) applications for the 2022 funding round. As part of the CDBG redesign, the Department implemented OTC applications for capital improvement Projects for multifamily housing, infrastructure, and public facilities in the 2019-2020 NOFA.
This solicitation was oversubscribed and, in response to stakeholder feedback, those applications that were not funded were placed on a waitlist.
The Department will continue to fund down the existing waitlist of shovel-ready Projects through the 2022 program year if the funds from this NOFA are undersubscribed.
3. Workshops
Workshops will be conducted virtually via Zoom. The schedule and registration information will be posted to the CDBG webpage. Training and Technical Assistance are also available on the CDBG webpage.
Agenda Item #8.1.
California Department of Housing and Community Development 3 CDBG 2022 NOFA – April 6, 2022
In addition to the standard NOFA workshop, the Department will also be offering a series of trainings covering several topics that have been identified as a need for Applicants. Applicants are highly encouraged to attend the CDBG NOFA Workshops and any CDBG trainings as they detail specific issues, changes, solutions, guidance, and federal and state rules pertaining to CDBG Programs.
An Applicant that opts out of any of the CDBG trainings will not be exempt from knowing the federal and state rules pertaining to the CDBG program.
4. Appeal Period
Appeals period changed from five (5) days to ten (10) days.
D. Authorizing Legislation
• 24 Code of Federal Regulations (CFR) §570.480 et. seq, Federal CDBG Regulation • 24 CFR Part 58 Environmental Review Procedures
• 2 CFR Part 200 Uniform Grant Administration Requirements • Health & Safety Code (HSC) §§50825-50834, State of California CDBG program • 2020-2024 State of California Consolidated Plan
• 2022-2023 State of California Annual Action Plan (Currently being drafted) • CDBG Guidelines, California Department of Housing and Community Development If there are changes to federal or state statutes or regulations, other laws governing the CDBG program, or funding is modified by Congress, HUD, the Department, or the State Legislature, these changes may become effective immediately and apply to funded activities under this NOFA.
Note: The Housing and Community Development Act of 1974 (HCDA) is codified as Title 42 U.S.C. §5301, et. seq.: thus, those citations are interchangeable and cite the same statute language. For example, the citation of HCDA 105(a)(22) and 42 U.S.C. §5305(a)(22) are references to the same statute language. For the purposes of this NOFA, we will use the 42 U.S.C. §5301 citations for references to the federal statutes.
In administering this NOFA, if there is a conflict between the federal statutes or regulations and state statutes or guidelines, the federal statutes and regulations shall prevail. All activities in this NOFA are subject to availability of funds and continuing HUD and California legislative authority. The Department reserves the right, at its sole discretion and at any time, to rescind, suspend or amend this NOFA and any or all its provisions. The Department will notify interested parties through listserv emails and by posting notification on the Department website if the Department rescinds, suspends, or amends this NOFA. This NOFA is not a commitment of funds to any Activity or Applicant.
Agenda Item #8.1.
California Department of Housing and Community Development 4 CDBG 2022 NOFA – April 6, 2022
E. Definitions
Except as otherwise defined herein, all defined terms have the meaning set forth in 42 U.S.C. §5302(a) and the State CDBG Guidelines.
II. Program Requirements
All Program Requirements, Application, Application Threshold, and Initial Requirements set forth in sections II-IV must be met. Failure to include all of the requirements will result in disqualification.
A. Eligible Applicants
ONLY Non-Entitlement Units of General Local Government such as cities, counties and municipalities are eligible to apply. Federally recognized Tribes, non-federally recognized Tribes, and nonprofits may receive assistance by entering into a subrecipient agreement, Memorandum of Understanding, or contract with an eligible Applicant.
1. Non-Entitlement Status federally
CDBG program funds are provided as grants to Non-Entitlement Jurisdictions.
These Jurisdictions are encouraged to partner with federally – and nonfederally recognized Tribes, districts, agencies, nonprofit service providers, and other community organizations, whenever appropriate, to prepare and submit applications for CDBG funding, and to administer and complete CDBG funded Programs and Projects.
Incorporated cities located in an urban county as defined by 42 U.S.C. §5302(a)(6) must formally elect to be excluded from participation in the urban county entitlement status. HUD and the Department must be notified that the city has elected to be excluded from the urban county participation as per 24 CFR §570.307(g) for it to be eligible for the state CDBG program. Only eligible activities from eligible Applicants will be scored and ranked.
2. Housing Element Compliance
As per HSC §50829, the Applicant must submit a draft and adopted housing element to the Department in accordance with the requirements listed in Government Code (GC) §65580, et seq. and GC §65585 (see Appendix B) prior to an award being granted. Applicants that fail to comply with the procedural requirements (i.e., GC §65585) of the Housing Element Law are ineligible for funding through the state CDBG program. Eligibility cannot be restored until the Applicant has met such procedural requirements.
Agenda Item #8.1.
California Department of Housing and Community Development 5 CDBG 2022 NOFA – April 6, 2022
3. Growth Control Limitations
Applicants that have adopted growth controls, including, but not limited to restrictions on residential building permits and residential buildable lots, that do not meet the exception criteria in HSC §50830 (b) and (c) are ineligible for funding as per HSC §50830. Applicants intending to apply for CDBG funds are required to submit a signed 2022 CDBG Application Certifications and Statement of Assurances that certifies the Applicant has not adopted any residential growth controls, or that adopted residential growth controls meet the applicable exception criteria. Failure to submit executed Application Certifications and Statement of Assurances will result in Applicant ineligibility.
4. Application Submittal
Applicants must meet the following requirements when the application is submitted to be eligible to apply for funding under this NOFA:
• An eligible Applicant may apply on its own behalf
• An eligible Applicant may apply on behalf of one or more other eligible Applicants
• Two or more eligible Applicants, which share a program, may submit a joint application
• An eligible Applicant may apply on behalf of an eligible subrecipient including a non-federally recognized Tribe or nonprofit.
B. Restrictions on Multiple Activities in the Same Political Districts In addition to Activity and application limits identified in the NOFA, an eligible nonentitlement Applicant may apply for activities in service areas within or outside of the Applicant's Jurisdiction when the Applicant is applying for funds set aside by the California State Legislative for nonfederally recognized Tribes (HSC §50831) or Colonia’s as defined in Restrictions on Multiple Activities in the Same Political Districts.
Applications for eligible activities outside the Applicant's Jurisdiction must include a legally binding agreement, acceptable to the Department, with the city or county in which the eligible Activity is located. Applicants may not apply to both the state CDBG program and to a CDBG program administered by an Urban County or other entitlement entity during the same program year.
C. Allocation and Funding
Funds will be allocated according to federal regulations found in 24 CFR §570 and state statute, as found in HSC §50827, et seq. For more information, please Agenda Item #8.1.
California Department of Housing and Community Development 6 CDBG 2022 NOFA – April 6, 2022
reference the CDBG Guidelines. The tables below include the estimated percentage of funding available for set-asides and funding caps for the 2022 allocations. The amount of total funding available and the allocations of those funds are only estimates and are subject to change without notice. Funding awarded through this NOFA will have a 36-month expenditure and liquidation period.
NOTE REGARDING DRAW DOWN OF GRANT FUNDS:
Pursuant to both federal and state law all CDBG costs must be:
(1) necessary
(2) reasonable
(3) there can be no duplication of benefit
(4) CDBG funds cannot be used to supplant local or state resources (5) Applicant must guard against fraud and (6) ineligible uses of CDBG funds Awards will be limited to $1.5 million per Jurisdiction, including all applications submitted under this 2022 NOFA, except jurisdictions applying on behalf of a Colonia or a non-federally recognized Tribe which may additionally apply for funds under those set-asides.
D. State Allocations
1. Economic Development (ED)
Per state statute, 30 percent of the annual allocation, less state operating funds, must be set aside for ED projects and programs.
NOTE: the Department is piloting the availability of advancing funds for ED Loans/Grants with CDBG-CV awards and may offer
advances for this purpose to 2022 CDBG Applicants at a later date, at the Department’s discretion and pending successful deployment of the pilot.
2. Housing and Housing-Related Infrastructure
Per state statute, 51 percent of the annual allocation, less state operating funds, must be used by the Department to make grants to eligible cities or counties for the purpose of providing or improving housing opportunities for persons and families of low or moderate income or for purposes directly related to the provision or improvement of housing opportunities for persons and families of low or moderate income, including, but not limited to, the construction of infrastructure.
Agenda Item #8.1.
California Department of Housing and Community Development 7 CDBG 2022 NOFA – April 6, 2022
Per federal statute, no more than 15 percent of the annual allocation may fund public services.
3. Capital Non-Housing Projects
These funds will be applied to applications carried over from the 2019-2020 NOFA waitlist.
E. Special Allocations
1. Colonias
Per HUD agreement, 5 percent of the annual allocation. The Colonias allocation is exempt from the $1.5 million per Jurisdiction limit. Eligible Activity includes housing assistance, infrastructure, planning, and public services.
2. Non-Federally Recognized Tribes
Per state statute, 1.25 percent of the annual allocation. The non-federally recognized Tribe allocation is exempt from the $1.5 million per Jurisdiction limit.
Eligible activities include housing assistance, infrastructure, planning, and public services.
F. Federal Limits
1. Program Administration
The Department can use 3 percent of total funding for administration costs.
2. General Administration
Applicants may request up to a flat 7 percent of the total 2022 CDBG grant funding requested per Activity for General Administration (GA). GA costs may include, but are not limited to, the following categories:
• Salaries, wages, and related costs of the Grantee's staff engaged in activities associated with the general administration of the CDBG program, including general management, general legal services, accounting, and auditing • Travel costs incurred in carrying out the general management of the program • Administrative services performed under third-party contracts, including contracts for such services as general legal services, accounting services, and ad services
Agenda Item #8.1.
California Department of Housing and Community Development 8 CDBG 2022 NOFA – April 6, 2022
• Costs for goods and services related to the general management of the program, including rental and maintenance of office space, insurance utilities, office supplies, and rental or purchase of office equipment • Costs incurred in providing information and resources to individuals, families, and households in the LMI group, and to citizen organizations participating in the planning, implementation, or assessment of the Grantee's program
• Administrative funding can also be used for fair housing activities in compliance with the requirements of state CDBG Guidelines §103. If a cost cannot be associated with one of the above listed groups and cannot be associated with direct project costs, the Department will, upon the Grantee's request, decide whether it is an administrative cost, an Activity Delivery cost, or an ineligible cost according to 24 CFR §§570.489 and 570.482 • Completion of the NEPA Environmental Review Record for General Administration Activities (GA NEPA)
The calculation for General Administration should be the amount of the Activity expenses plus Activity Delivery expenses multiplied by 7 percent. (Activity + Activity Delivery) * 0.07 = Max GA
Applicants may elect to assign more funds to Activity costs and take less than the 7 percent as GA allocation. GA for PI funds is 17 percent of annual receipts.
For project budgets with both grant award and PI as funding sources, please identify how much GA will be from each source to ensure that GA stays within the program caps.
Note: The above allocations and limits do not total the amount available. These allocations and limits overlap, and applications may be counted against multiple allocations and/or limits. Please see the application solicitations for the available funding for each application type.
G. Activity Delivery
Activity Delivery (AD) costs are those costs directly related and necessary to successfully complete a specific Activity. AD covers the cost of staff directly carrying out the Activity, in addition to equipment and supplies that are necessary to carry out the Activity. Eligible costs include:
• Salaries of Grantee or subrecipient staff carrying out Activity • Activity Specific Environmental Review Costs (not for General Administration) • Loan underwriting costs
Agenda Item #8.1.
California Department of Housing and Community Development 9 CDBG 2022 NOFA – April 6, 2022
• Architectural and engineering design costs
• Labor compliance review costs
Supplies, equipment, uniforms necessary to carry out a specific CDBG Activity AD must be cost reasonable and directly tied to completion of an Activity that meets a National Objective.
H. Insufficient Demand
If there is insufficient demand for an identified allocation, the Department will make awards first to any unfunded applications submitted on behalf of non-federally recognized Tribes, then to projects on the 2019-2020 NOFA OTC waitlist in the order listed and that can meet the timeliness of federal funds requirements.
I. Eligible Activities
For a complete list of eligible activities allowed under the HCDA, go to 42 U.S.C. §5305. CDBG program activities should be in predominantly residential areas or should serve predominantly residential areas to be eligible.
J. Activity Limits
Jurisdictions will submit one application per Activity. Each Jurisdiction can submit up to three (3) applications during this NOFA cycle. Each Activity must have a unique application with a complete budget, National Objective, scope of work, and milestone timeline. There will be no “combo” activities or applications accepted in this NOFA. Each application will have a stand-alone Standard Agreement for that Activity. Applicants are encouraged to review the sample draft Standard Agreement in Appendix K as a sample of the applicable terms and conditions required for CDBG funded activities.
1. Housing and Community Development (CD) Activities
The maximum grant award for all CD Activities is $1.5 million per Jurisdiction. Per Jurisdiction limits do not apply to Colonia and Native American set-asides. The below limits are new grant awards limits per Activity. Program Income (PI) included in an activity budget does not count against the Jurisdiction maximum grant award. Total Activity budgets may exceed the award limits when PI is budgeted to the Activity; however, the new grant award, per Activity, shall not exceed the maximums below. Per-Activity limits do not apply to Colonia and Native American set-asides.
Agenda Item #8.1.
California Department of Housing and Community Development 10 CDBG 2022 NOFA – April 6, 2022
Pursuant to 24 CFR §570.482, eligible activities and maximum grant award amounts for funding the CDBG program include, but are not limited to:
a) Housing assistance to single-family units
• Single Family (1 - 4 units) Homebuyer Assistance - up to $500,000 • Single Family (1 - 4 units) Housing Rehabilitation - up to $500,000 b) Non-housing CD activities
• Public services - up to $500,000 (Please note that rental subsistence payments are being allowed in this NOFA)
• Planning & Technical Assistance (including Housing Planning, public services Planning and Non-housing Planning) - up to $250,000
2. Economic Development Activities
The maximum total Jurisdiction grant award for ED activities is $1.5 million.
When applying for ED and CD activities, the combined maximum may not exceed $1.5 million. Applicants may apply for up to $750,000 maximum to be used for Business.
Assistance and/or Microenterprise Assistance. These maximums do not include PI. PI may be included in addition to the new program award. The below limits are new grant awards limits per Activity. Per-Activity limits do not apply to Colonia and Native American set-asides.
ED activities and grant awards include:
a) Business Assistance and Microenterprise Assistance (including both MicroFinancial Assistance and Technical Assistance)- up to $750,000 b) Infrastructure in Support of Business- up to $1.5 million c) Economic Development Planning and Technical Assistance- up to $250,000.
III. Application Requirements
A. National Objectives
CDBG funded activities must meet one of three National Objectives:
• Benefit LMI persons
• Aid in the prevention or elimination of slums or blight • Meet an urgent need
At least 70 percent of the funds awarded must benefit LMI individuals or households.
No Activity or portion of a program assisted by these funds may exclude from its benefits the lowest income-eligible group. Individual activities shall meet one of the following National Objectives:
Agenda Item #8.1.
California Department of Housing and Community Development 11 CDBG 2022 NOFA – April 6, 2022
1. Low- to Moderate-Income
Persons, households, and/or neighborhoods benefiting from LMI activities must meet HUD’s LMI requirements. HUD updates income limits annually. Applicants will be notified via a news blast email and information will be posted on the Department’s website when the HUD Adjusted Median Family Income (HAMFI) limits and low- to moderate-income areas (LMA) are updated. Applicants are required to use the updated income limits as soon as they are available. The LMI National Objective consists of the following categories:
a. Low-moderate Income Limited Clientele
Low- to moderate-income Limited Clientele (LMC), as defined by income limits or presumed benefit, refers to persons who earn 80 percent or less of HAMFI for the county of residence, as updated annually by HUD. Presumed benefit LMC refers to persons who, as a category, are typically low income. • Seniors
• Persons with a disability
• People experiencing homelessness
• Abused children and battered spouses
• Illiterate adults
• Persons living with acquired immunodeficiency syndrome (AIDS) • Migrant farmworkers
b. Low- To Moderate-Income Area (LMA)
LMA is identified using census tracts and block groups. LMA may also be identified through an income survey. See Appendix H for additional information regarding CDBG income surveys, which:
• Are based on the American Community Survey using Census Geographies.
• Contain at least 51 percent of households in the area earning at 80 percent or below HAMFI to meet LMA.
• Must be contiguous and the area should be mapped to show eligibility. • Must be an Activity with public benefit for the area, such as streets and sidewalks, sewer/water Infrastructure, community facilities, or park improvements.
• Should be determined to be LMA eligible from the map application at HUD’s Low- and Moderate-Income Summary Data Application page.
Instructions for HUD’s mapping application are available to assist in using the map application.
c. Low- to Moderate-Income Housing (LMH)
LMH as defined by household income limits is a household earning 80 percent or less of HAMFI.
Agenda Item #8.1.
California Department of Housing and Community Development 12 CDBG 2022 NOFA – April 6, 2022
d. Low- to Moderate-Income Jobs (LMJ)
LMI Job Creation or Retention Activities (LMJ)
• LMJ is based on the number of full-time equivalent jobs created or retained.
• Must create or retain jobs, and 51 percent of those jobs must be for LMI persons.
• To meet the public benefit requirements for LMJ activities, for every $35,000 spent, one full-time equivalent job must be created/retained.
2. Slums and Blight on an area basis (SBA) and on a spot basis (SBS) • Areas must be geographically defined and publicly identified as slums or blighted, typically by a council or board resolution before the Activity is considered.
• Activities must aid in the prevention or elimination of slums or blight as described in 24 CFR §570.483(c)(1-2).
3. Urgent Need
For the purposes of this NOFA, no Urgent Need applications will be accepted through the NOFA application process without prior Department approval. If you have a program or a project that meets the criteria of Urgent Need, as established at 24 CFR §570.483(d) and you believe your proposed project or program must use Urgent Need as a National Objective to be program eligible, please contact your Department representative for further instructions.
Special requirements apply to Urgent Need. Please contact the Department for more information.
B. Milestones
All CDBG program-funded activities must be implemented according to the milestones defined in the Standard Agreement. Applicants must include at least five milestones per Activity application. Milestone One and the Final Milestone will be prepopulated and cannot be edited by Applicants:
• Milestone One: Activity Initiation. Must be completed no later than 60 days from contract execution
• Milestone Two: First draw of grant funds
• Milestone Three: 50 percent completion
• Milestone Four: Final draw of grant funds
• Final Milestone: Activity closeout (must be completed no later than 90 days after the Expenditure Deadline)
Agenda Item #8.1.
California Department of Housing and Community Development 13 CDBG 2022 NOFA – April 6, 2022
Additional milestones are optional, though encouraged for best practice of Activity implementation. Milestones may be adjusted for delays in application review and Standard Agreement execution. Applicants are encouraged to evaluate feasibility of meeting milestones and build time for unexpected delays into milestone schedules. Milestones may not extend beyond the expenditure deadline of an award. All milestones proposed by Applicants are subject to the review and approval of the Department.
TIP: The Department realizes that these milestone dates are estimates.
Instead of using an actual date for all optional milestones, please put a time frame.
For example:
Milestone Two: Activity initiation. 60 days from contract execution Milestone Three: First draw of grant funds: 90 days from contract execution
These milestones can be updated by your CDBG representative if changes are needed to be made.
C. Conditions
Applicants and awardees acknowledge that the funding opportunities referenced in this NOFA, and all obligations of the Department herein, are expressly subject to and conditioned upon the ongoing availability of funds, as well as the continued authority of the Department to operate the CDBG program. In the event that funds are not available, the CDBG program or act under this NOFA is eliminated, or in anyway restricted, the Department shall have the option, at its sole discretion, to amend, rescind, suspend, or terminate this NOFA and any associated funding pursuant to the provision set forth immediately above.
This NOFA is not a commitment of funds to any Activity or Applicant.
IV. Application Threshold and Initial Requirements
All applications are required to pass threshold requirements. Applications that do not meet threshold will not move on to scoring, or in the case of ED OTC, will not be reviewed for award and immediately disqualified.
The Department strongly recommends a careful review of the application and application instructions PRIOR to beginning the application.
Agenda Item #8.1.