City of St. Helena
Regular City Council Meeting
Tuesday, June 28, 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/88641918413
Or One tap mobile :
US: +16699006833,,88641918413# or +13462487799,,88641918413# Or Telephone:
Dial(for higher quality, dial a number based on your current location):
US: +1 669 900 6833 or +1 346 248 7799 or +1 253 215 8782 or +1 312 626 6799 or +1 929 205 6099 or +1 301 715 8592
Meeting ID: 886 4191 8413
International numbers available:
https://us02web.zoom.us/u/kdNf9K9A2G
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 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/82138430191https://us02web.zoom.us/j/87155527726https://us02web.zoo m.us/j/83916598506https://us02web.zoom.us/j/89834740319https://us02web.zoom.us/j/88641918 413
O por iPhone one-tap:
US: +16699006833,,88641918413# or +13462487799,,88641918413# O por Teléfono: Marque(para mejor calidad, marque número basado en su ubicaciónactual):
US: +1 669 900 6833 or +1 346 248 7799 or +1 253 215 8782 or +1 312 626 6799 or +1 929 205 6099 or +1 301 715 8592
ID de la Reunión: ID: 898 3474 0319
International numbers
available:https://us02web.zoom.us/u/koNI2UMgahttps://us02web.zoom.us/u/kdNf9K9A2G https://us02web.zoom.us/u/koNI2UMga
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
4. ADOPTION OF THE AGENDA
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.
6. REPORTS BY STAFF AND CITY COUNCIL, FUTURE AGENDA ITEMS, AND AB 1234 REPORTS:
Reports by staff and/or Council Members on items of general interest. Brief questions for clarification may be posed and answered, and Council Members may request that items be placed on a future agenda. Except under certain circumstances, the Brown Act prohibits any other discussion or action by the City Council.
7. 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)
7.1. Consideration and proposed approval of Regular Meeting Minutes of May 24, 2022 and June 14, 2022 and proposed approval of Special Meeting Minutes of May 24, 2022 and May 31, 2022.
CEQA Determination: Not a CEQA project
Prepared By: Cindy Tzafopoulos, City Clerk
Recommendation:
Approve
05-24-2022 Special City Council - Applicant Interview - Minutes 05-24-2022 Regular City Council - Minutes
05-31-2022 Special City Council Budget Study Session - Minutes 06-14-2022 Regular City Council - Minutes
15 - 33
7.2. Consideration and Proposed approval of a Resolution Approving the St.
Helena Chamber of Commerce 2022 Concert in the Park Series CEQA Determination: Categorically Exempt, Section 15323 Prepared By: Chantel Delay, Administrative Assistant
Recommendation:
Staff recommends City Council adopt the Resolution approving the St.
Helena Chamber of Commerce to host the musical entertainment event, Concerts in the Park, at Lyman Park on July 7, 14, 21, 28, 2022, between the hours of 6:00 pm and 8:00 pm. This event request includes a wine vendor as well.
Staff Report - Pdf
35 - 52
7.3. Consideration and proposed approval of a resolution authorizing the St.
Helena High School annual homecoming parade on Main Street and authorizing City staff to provide traffic control before, during, and after the parade.
CEQA Determination: Categorically Exempt, Section 15323 Prepared By: Chantel Delay, Administrative Assistant
Recommendation:
Staff recommends the City Council adopt the attached resolution.
Staff Report - Pdf
53 - 65
7.4. Proposed approval of a resolution approving an extension to the maturity date of a promissory note between the City of St. Helena and Hunt Avenue Associates for up to 18 months from the current maturity date of August 1, 2022, extending the maturity date to February 1, 2024, and authorizing the City Manager to execute the necessary documentation for this amendment.
CEQA Determination: Not a CEQA project
Prepared By: Mandy Kellogg, Administrative Services Director Recommendation:
Approve a resolution approving an extension to the maturity date of a promissory note between the City of St. Helena and Hunt Avenue Associates for up to 18 months from the current maturity date of August 1, 2022, extending the maturity date to February 1, 2024, and authorize the City Manager to execute the necessary documentation for this amendment.
Staff Report - Pdf
67 - 81
7.5. Adoption of Resolution Making Findings and Determinations under AB 361 for the Continuation of Virtual Meetings
CEQA Determination: Not a CEQA project
Prepared By: Ethan Walsh, City Attorney
Recommendation:
Approve the Attached Resolution Making Findings and Determinations Under AB 361.
Staff Report - Pdf
83 - 87
7.6. Consideration and Proposed Approval of a Resolution (1) Approving Amendment #3 to the Memorandum of Understanding Between the City of St. Helena and the Police Officers' Association (POA) for a Three-year Contract Commencing on July 1, 2022 and Expiring on June 30, 2025 and (2) Adopting and Approving Publicly Available Pay Schedule in Accordance with the Requirement of California Code of Regulations, Title 2, Section 570.5, for the Police Officers' Association Member Classifications.
CEQA Determination: Not a CEQA project
Prepared By: April Mitts, Assistant City Manager
Recommendation:
Staff recommends approval of the attached resolution.
Staff Report - Pdf
89 - 149
8. PUBLIC HEARINGS
8.1. This item will not be heard.
Consideration and Proposed approval of a Resolution adopting Saint Helena Police Department Policy 707 "Military Equipment" as required by AB148 for the Funding, Acquisition, and Use of Military Equipment CEQA Determination: Not a CEQA project
Prepared By: Chris Hartley, Chief of Police
Recommendation:
Recommend Approval of a Resolution Adopting the Saint Helena Police Department Policy 707 "Military Equipment".
Staff Report - Pdf
151 - 174
9. OLD BUSINESS
9.1. Consideration and proposed approval of a resolution: (1) approving Revision No. 3 to City Council Policy P-FI-0016 Financial Policy related to: (a) compliance with GASB Statement No. 98 updating the name, "Comprehensive Annual Financial Report" to "Annual Comprehensive Financial Report", (b) update language related to financing Capital Improvement Projects and (2) repealing an rescinding any previous policies or administrative memoranda which are inconsistent with City Council Policy P-FI-0016 Financial Policy, Revision No. 3.
CEQA Determination: Not a CEQA project
Prepared By: April Mitts, Assistant City Manager
Recommendation:
Staff recommends City Council adopt the attached resolution and provide additional direction in regards to other policy considerations to be brought back to City Council for consideration.
Staff Report - Pdf
Finance Policy Update Presentation 062822
175 - 229
9.2. Consideration and Proposed Approval of the following resolutions related to the Napa Valley College Tenant Improvements C22-0001 231 - 319
1. (1) Approving Murray Building, Inc, of Sonoma California, as the Lowest Responsive and Responsible Bidder; (2) Authorizing the City Manager to Execute, Enter into and Implement athe Contract by and between the City and Murray Building, Inc. for Project No.
C22-0001 Napa Valley College Tenant Improvements in the Amount of $1,167,379.00; and (3) Authorizing the Director of Public Works to Approve Change Orders Not-to-Exceed 10% of the Contract Amount.
2. Approving a Professional Services Agreement with MarinIT for Information Technology Upgrades and Relocation Services as part of the Napa Valley College Tenant Improvements (Project C22-001) in an Amount Not-to-Exceed $219,259.86 and
Authorizing the City Manager to Execute the Agreement.
3. Approving a Five-year Lease Agreement with Vesta Modular for the St. Helena Police Department Portable Locker Room for an Amount Not-to-Exceed $423,956; FY 22/23 - $116,117; FY 23/24 - $58,013, FY 24/25 - $58,013, and FY 25/26 - $58,013, FY 26/27 - $133,798 and Authorizing the City Manager to Execute the Agreement.
4. Approving Amendment No. 4 to Professional Services
Agreement with Noll & Tam Architects STH Contract: FY 2021- 071 in the amount of $44,923 for Construction Administration for a Total Contract Amount Not-to-Exceed $236,483 and
Authorizing the City Manager to Execute the Agreement.
5. Approving a Professional Service Agreement with
Greystone West Company for Construction Management
Services for the Napa Valley College Tenant Improvement Project in an Amount Not-to-Exceed $70,566.73 and
Authorizing the City Manager to Execute the Agreement.
CEQA Determination: CEQA varies for each action
Prepared By: Preya Nixon, Asst. to the City Manager
Recommendation:
Staff recommends City Council Approves the Attached Resolutions.
Staff Report - Pdf
10. NEW BUSINESS
10.1. Consideration and Proposed Approval of a Resolution Adopting the FY 2022-23 Budget
CEQA Determination: Not a CEQA project
Prepared By: April Mitts, Assistant City Manager
Recommendation:
Staff recommends approval of a resolution adopting the City of St.
Helena FY 2022-23 Budget.
Staff Report - Pdf
Budget Adoption Presentation
321 - 662
10.2. Consideration and proposed approval of a resolution appointing applicants to the Active Transportation & Sustainability Committee, Planning Commission, Parks and Recreation Commission, and Library Board of Trustees and consider leaving the recruitment open for the 663 - 697
unfilled terms of office until filled.
CEQA Determination: Not a CEQA project
Prepared By: Cindy Tzafopoulos, City Clerk
Recommendation:
Staff recommends adopting a resolution appointing applicants to the following committees:
Active Transportation Sustainability Committee
Library Board of Trustees
Planning Commission
Parks & Recreation Committee
Staff Report - Pdf
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 July 26, 2022, at 6:00 p.m.
I do hereby certify that a copy of the foregoing agenda was posted on the City website on June 24, 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, May 24, 2022 @ 4:00 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. ADOPTION OF THE AGENDA
3.1 Adoption of the agenda
City Clerk Cindy Tzafopoulos noted no changes to the agenda.
Council Member Lester Hardy moved to approve the agenda. The motion was seconded by Council Member Eric Hall and on roll call carried by the following vote:
AYES: Mayor Geoff Ellsworth, Vice Mayor Paul Dohring, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Eric Hall NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
4. 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.
5. NEW BUSINESS:
5.1 The City Council may interview the following Water and Wastewater Rate Study Advisory Committee applicants:
Agenda Item #7.1.
Special City Council
May 24, 2022
1. Arlene Corsetti
2. Peter McCrea
3. Walter Nirenberg
4. Garry Rose
5. Kelly Wheaton
6. Mario Trinchero
7. Mark Smithers
8. Sean Maher
Arlene Corsetti, Peter McCrea, Sean Maher, Walter Nirenberg, Garry Rose, Kelly Wheaton, Mario Trinchero and Mark Smithers addressed the City Council.
No public comment was received.
6. ADJOURNMENT
Mayor Ellsworth adjourned the meeting at 5:00 p.m.
The special City Council meeting minutes of May 24, 2022 were approved at the regular City Council meeting of June 28, 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 24, 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.
Vice Mayor Paul Dohring 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
5. PUBLIC FORUM:
No public comment was received.
6. REPORTS BY STAFF AND CITY COUNCIL, FUTURE AGENDA ITEMS, and AB 1234 REPORTS:
6.1 Reports
Agenda Item #7.1.
Regular City Council
May 24, 2022
Reports were made by staff and City Council.
Council Member Lester Hardy moved to revisit the appointment process of Boards and Commissions at the regular City Council meeting of June 14, 2022.
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
6.2 Report out of Closed Session by Ethan Walsh, City Attorney City Attorney Ethan Walsh noted no reportable action was taken from the Closed Session meeting of May 20, 2022.
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)
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.
Prepared By: Cindy Tzafopoulos, City Clerk
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.
7.3 Consideration and approval of a Resolution Establishing Appropriation Limits for Fiscal Year 2022-23 and the Selection of Current Year Adjustment Factors Agenda Item #7.1.
Regular City Council
May 24, 2022
CEQA Determination: Not a CEQA project
Prepared By: Mandy Kellogg, 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.
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:
Staff recommends City Council approve the Resolution authorizing a two-year agreement with Housing Authority of the City of Napa in an amount not-toexceed $114,000 to continue their services as the contract housing authority for the City of St. Helena.
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, 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.
Item 7.6 was removed from consent.
7.6 April 2022 Review and Forecasting of City Water Supply Availability
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-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
Recommendation:
Agenda Item #7.1.
Regular City Council
May 24, 2022
Staff recommends City Council adopt the two attached resolutions.
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 Department, and (c) Treatment Plant Operator. (Staff report forthcoming Provided 5-22-22) Prepared By: James C. McCann, Interim City Manager
Council Member Eric Hall moved to approve Consent items 7.1-7.5 and 7.7-
7.8. 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
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.
Council Members Hall and Hardy addressed the City Council.
Council Member Eric Hall moved to approve item 7.6. 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
8. PUBLIC HEARINGS
8.1 Discussion of potential activities and projects for inclusion in the 2022 Agenda Item #7.1.
Regular City Council
May 24, 2022
Community Development Block Grant (CDBG) Applications.
CEQA Determination: Not a CEQA project
Prepared By: Mandy Kellogg, Administrative Services Director Recommendation:
Provide direction on the activities and projects to be considered for funding under the 2022 Community Development Block Grant program.
Assistant Administrative Services Director Mandy Kellogg presented on the item.
No public comment was received.
It was the consensus of the City Council to have staff double check the costs of each project and bring back a refined presentation of items #1 and #3-4.
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 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".
Police Chief Chris Hartley presented on the item.
No public comment was received.
Vice Mayor Paul Dohring moved to continue the matter to the regular City Council meeting of June 28, 2022. 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 Discussion and Appointment of Candidates to the Water and Wastewater Rate Study Advisory Committee.
Agenda Item #7.1.
Regular City Council
May 24, 2022
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.
City Clerk Cindy Tzafopoulos reported on the item.
No public comment was received.
The City Council took a break at 7:17 p.m. and reconvened the meeting at 7:23 p.m.
City Clerk Cindy Tzafopoulos addressed the City Council.
Council Member Anna Chouteau moved to move approval. 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
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
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.
City Attorney Ethan Walsh reported on the item.
No public comment was received.
It was the consensus of the City Council to revisit the item including proposed protocols at the regular City Council meeting of July 26, 2022.
Council Member Eric Hall moved to approve the Resolution. The motion was seconded by Vice Mayor Paul Dohring and on roll call carried by the following vote:
Agenda Item #7.1.
Regular City Council
May 24, 2022
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. NEW BUSINESS
10.1 St. Helena Annual Chamber of Commerce Report
CEQA Determination: Not a CEQA project
Prepared By: Preya Nixon, Asst. to the City Manager
Recommendation:
Receive and file.
Interim City Manager Jim McCann reported on the item.
St. Helena Chamber of Commerce Representative Amy Carabba-Salazar presented the report.
No public comment was received.
The report was received and filed.
11. ITEMS LIKELY TO BE PLACED ON THE NEXT OR FUTURE MEETING AGENDA:
11.1 Provided prior to the meeting.
12. ADJOURNMENT
Mayor Ellsworth adjourned the meeting at 8:18 p.m.
The regular City Council meeting minutes of May 24, 2022 was adopted at the regular City Council meeting of June 28, 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 31, 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 that the agenda items would be heard in the following order: Item 5.1, 5.3, then 5.2.
Council Member Anna Chouteau moved to adopt the agenda as amended. 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:
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.
5. NEW BUSINESS:
5.1 2023-2032 Long Range Financial Forecast (Staff report forthcoming) Provided 5-30-22
Prepared By: April Mitts, Assistant City Manager
Agenda Item #7.1.
Special City Council
May 31, 2022
Administrative Services Director April Mitts reported on the item.
No public comment was received.
5.2 Budget Workshop - Review of Fiscal Year (FY) 2022-23 Budget Administrative Services Director April Mitts reported on the item.
No public comment was received.
5.3 Review of Five-Year Capital Improvement Program for Fiscal Years 2022-23 to 2026-27
Prepared By: April Mitts, Assistant City Manager
Interim City Manager McCann introduced the item.
Administrative Services Director April Mitts reported on the item.
Public Works Director Mark Rincon and Assistant Public Works Director Eric Janzen addressed the City Council.
No public comment was received.
6. ADJOURNMENT
Mayor Ellsworth adjourned the meeting at 11:30 a.m.
The special City Council meeting minutes of May 31, 2022 were approved at the regular City Council meeting of June 28, 2022.
APPROVED:
______________________________
Geoff Ellsworth, Mayor
ATTEST:
_________________________
Cindy Tzafopoulos, City Clerk
Agenda Item #7.1.
MINUTES
City of St. Helena
Regular City Council Meeting
Tuesday, June 14, 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
Council Member Eric Hall 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
5. PUBLIC FORUM:
Marilyn Coy addressed the City Council.
6. REPORTS BY STAFF AND CITY COUNCIL, FUTURE AGENDA ITEMS, and AB 1234 REPORTS:
Ethan Walsh, City Attorney noted no reportable action was taken at the closed session meetings of May 27,2022, June 10, 2022, and June 14, 2022.
Agenda Item #7.1.
Regular City Council
June 14, 2022
Reports were made by staff and City Council.
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)
7.1 May 2022 Review and Forecasting of City Water Supply Availability CEQA Determination: Exempt
Prepared By: Martin Beltran, Management Analyst
Recommendation:
Receive and file.
7.2 Consideration of the Biennial review the City of St. Helena's Conflict of Interest Code
CEQA Determination: Not a CEQA project
Prepared By: Cindy Tzafopoulos, City Clerk
Recommendation:
It is recommended that the City Council direct the review of the City’s Conflict of Interest Code and the filing of a Biennial Notice with the City Clerk regarding such review, as required by the Political Reform Act.
7.3 Consideration and Proposed Approval of a Resolution Approving a Professional Services Agreement with MarinIT for Server Hosted Environment Migration for an Amount not-to-exceed $26,028.
CEQA Determination: Not a CEQA project
Prepared By: April Mitts, Assistant City Manager
Recommendation:
Staff recommends City Council approve the attached Resolution.
7.4 Consideration and Proposed Approval of a Resolution Approving a one-year agreement with MarinIT to Provide Informational Technology Services for an Amount not-to-exceed $257,236 for FY 2022-23.
CEQA Determination: Not a CEQA project
Prepared By: April Mitts, Assistant City Manager
Recommendation:
Staff recommends City Council approve the attached Resolution.
7.5 Consideration and Proposed Approval of a Resolution Adopting the Five-Year Capital Improvement Program for Fiscal Years 2022-23 to 2026-27.
CEQA Determination: Not a CEQA project
Prepared By: Martin Beltran, Management Analyst
Agenda Item #7.1.
Regular City Council
June 14, 2022
Recommendation:
Staff recommends City Council approve the attached Resolution.
7.6 Fiscal Year (FY) 2021-22 3rd Quarter Finance Report CEQA Determination: Not a CEQA project
Prepared By: Mandy Kellogg, Administrative Services Director Recommendation:
Staff recommends the City Council receive and file the Q3 FY 2021-22 financial report.
7.7 Consideration and Proposed Approval of a Resolution for a Project Specific Maintenance Agreement with Caltrans for the Vine Trail Segment Between Pratt Avenue and the Northern City of St. Helena Limit
CEQA Determination: Not a CEQA project
Prepared By: Preya Nixon, Asst. to the City Manager
Recommendation:
Staff recommends approval of the Resolution.
7.8 Fiscal Year 2021 Annual Comprehensive Financial Report and Independent Auditor’s Report on Internal Control Over Financial Reporting.
CEQA Determination: Not a CEQA project
Prepared By: Mandy Kellogg, Administrative Services Director Recommendation:
Staff recommends the City Council receive accept the Comprehensive Annual Financial Report of the City of St. Helena for Fiscal Year Ended June 30, 2021.
7.9 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.
7.10 Consideration and Proposed Approval of a Resolution approving an Employment Agreement with Dr. April Mitts and Ratifying the City Manager’s Appointment to serve as the Assistant City Manager
CEQA Determination: Not a CEQA project
Prepared By: James C. McCann, Interim City Manager
Recommendation:
Staff recommends the City Council adopt the attached resolution.
7.11 Consideration and Proposed Approval of a Resolution approving an Agenda Item #7.1.
Regular City Council
June 14, 2022
Employment Agreement with Mandy Kellogg and Ratifying the City Manager’s Appointment to serve as the Administrative Services Director.
CEQA Determination: Not a CEQA project
Prepared By: James C. McCann, Interim City Manager
Recommendation:
Staff recommends the City Council adopt the attached resolution.
No public comment was received.
Council Member Eric Hall moved to approve the consent calendar. The motion was seconded by Vice Mayor Paul Dohring 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
8. PUBLIC HEARINGS
8.1 Discussion of Potential Activities and Projects for Inclusion in the 2022 Community Development Block Grant (CDBG) Applications; and (1) Consideration of Approval of a Resolution Approving Applications for Funding, and (2) the Execution of a Grant Agreement and any Amendments thereto from the 2021-2022 Funding Year of the State CDBG Program.
CEQA Determination: Not a CEQA project
Prepared By: Mandy Kellogg, Administrative Services Director Recommendation:
Recommendation of Approval of a Resolution Approving Applications for Funding and the Execution of a Grant Agreement and any Amendments thereto from the 2021-2022 Funding Year of the State CDBG Program.
Mandy Kellogg, Assistant Administrative Services Director reported on the item.
Mayor Ellsworth opened the public hearing.
No public comment was received.
Mayor Ellsworth closed the public hearing.
Council Member Lester Hardy moved to approve the staff recommendation.
Agenda Item #7.1.
Regular City Council
June 14, 2022
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
9. OLD BUSINESS
9.1 Discussion and direction regarding the process and appointments to boards, commissions, committees, and ad hoc assignments
CEQA Determination: Not a CEQA project
Prepared By: Cindy Tzafopoulos, City Clerk
Recommendation:
Discussion and direction.
Jim McCann, Interim City Manager reported on the item.
No public comment was received.
It was the consensus of the City Council to direct staff to come back with an amendment to the municipal code and also to direct staff to remove the ranking process from the Council procedures.
Council Member Lester Hardy moved to delete the ranking system from our process and direct staff to bring back an amendment to the municipal code to amend the procedure. 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
10. NEW BUSINESS
10.1 Consideration and proposed approval of: A Resolution Appointing Anil Comelo as City Manager and Approving the Employment Agreement Between the City of St. Helena and Anil Comelo; and Approval of a Resolution Duly Adopting and Approving a Publicly Available Pay Schedule for Executive Management - Agenda Item #7.1.
Regular City Council
June 14, 2022
Departments Heads which Includes a Revised Salary Schedule for the City Manager Classification effective July 26, 2022.
CEQA Determination: Not a CEQA project
Prepared By: James C. McCann, Interim City Manager
Recommendation:
Adopt the Resolution and authorize the Mayor to execute the Employment Agreement. It is also recommended that the City Council adopt a separate Resolution authorizing an amended City of St. Helena Salary Schedule reflecting the update salary level for City Manager.
Anil Comelo addressed the City Council.
Jim McCann, Interim City Manager reported on the item.
No public comment was received.
Council Member Lester Hardy moved to adopt the Resolution appointing Anil Comelo as City Manager and authorizing the Mayor to execute the employment agreement and that in addition, we adopt the separate Resolution authorizing the amended City of St. Helena salary schedule reflecting the updated salary level for City Manager. 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
10.2 Consideration and Proposed Approval of a Resolution approving of a One Year Agreement for Marketing and Promotional Services Agreement in the amount not-to-exceed $231,525 between the City of St. Helena and the St. Helena Chamber of Commerce for FY 2022-23
CEQA Determination: Not a CEQA project
Prepared By: Preya Nixon, Asst. to the City Manager
Recommendation:
Staff recommends City Council adopt the attached resolution approving the agreement.
Jim McCann, Interim City Manager introduced the item.
Preya Nixon, Assistant to the City Manager reported on the item.
Agenda Item #7.1.
Regular City Council
June 14, 2022
St. Helena Chamber of Commerce representative Amy Carabba addressed the City Council.
Stephanie Iacobacci addressed the City Council for public comment.
Council Member Eric Hall moved to approve a 1-year agreement at $250,000.
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
11. ITEMS LIKELY TO BE PLACED ON THE NEXT OR FUTURE MEETING AGENDA:
11.1 Provided prior to the meeting.
12. ADJOURNMENT
Mayor Ellsworth adjourned the meeting at 8:49 p.m.
The regular City Council meeting minutes of June 14, 2022 was adopted at the regular City Council meeting of June 28, 2022.
APPROVED:
______________________________
Geoff Ellsworth, Mayor
ATTEST:
_________________________
Cindy Tzafopoulos, City Clerk
Agenda Item #7.1.
Report to the City Council
Regular City Council - 28 Jun 2022
Agenda Section: CONSENT ITEMS
Subject: Consideration and Proposed approval of a Resolution Approving the St. Helena Chamber of Commerce 2022
Concert in the Park Series
CEQA
Determination:
Categorically Exempt, Section 15323
Prepared By: Chantel Delay, Administrative Assistant
Reviewed By: April Mitts, Assistant City Manager
Approved By: James C. McCann, Interim City Manager
BACKGROUND
This July marks the 33rd year the St. Helena Chamber of Commerce hosts the Concerts in the Park event. Attendance consists of St. Helena residents, friends throughout Napa County, and summer visitors who come to visit St. Helena. It is very much a family event with all age groups represented. Typical attendance is 125-150 people per event.
Concerts in the Park are part of the contract that the City has with the Chamber of Commerce for community events.
DISCUSSION
The City Municipal Code does not include provisions for reserving an entire park.
However, the St. Helena City Council has the authority to regulate the use of public property.
The Chamber is required to submit an Encroachment Permit application in order to fulfill the insurance requirements. The Chamber has requested the permit fee of $200 be waived and the City Manager has the authorization to waive the fee. Currently, the Encroachment Permit application process is the only vehicle the City has in place for events occurring in City parks or public right-of-way. City staff will be revamping the permit process and working on developing a 'Special Event Permit'.
Agenda Item #7.2.
The summer concert series is included in the Chamber contract and there is $6,500 allocation under the Special Events Exhibit. Public Works staff assists with set up of the stage and ensuring the park is ready.
FISCAL IMPACT
The applicant has requested the City Manager waive the encroachment permit fee in the amount of $200. Because this is a partnership with the Chamber of Commerce, City staff time is required for preparation and break down. The City does not charge the Chamber for this.
RECOMMENDED ACTION
Staff recommends City Council adopt the Resolution approving the St. Helena Chamber of Commerce to host the musical entertainment event, Concerts in the Park, at Lyman Park on July 7, 14, 21, 28, 2022, between the hours of 6:00 pm and 8:00 pm. This event request includes a wine vendor as well.
ATTACHMENTS
Attachment 1: Resolution
Attachment 2: St. Helena Summer Concert Series
Attachment 3: PW2205-021_Encroachment Permit
Agenda Item #7.2.
CITY OF ST. HELENA
RESOLUTION NO. 2022-
APPROVING THE ST. HELENA CHAMBER OF COMMERCE TO HOST
THE MUSICAL ENTERTAINMENT EVENT, CONCERTS IN THE PARK, AT LYMAN PARK ON JULY 8, 15, 22, 19, 2021, BETWEEN THE HOURS OF 6:00 PM AND 8:00 PM AND APPROVAL OF A WINE VENDOR
RECITALS
A. The Municipal Code for the City of St. Helena does not include provisions for reserving Lyman Park; and
B. The St. Helena City Council has the authority to regulate the use of public property; and
C. This event will be open to the general community; and D. The St. Helena Chamber of Commerce has requested permission to host musical entertainment and a wine vendor, per event at Lyman Park on July 7, 14, 21, 28, 2022, between the hours of 6:00pm and 8:00pm.
RESOLUTION
The City Council of the City of St. Helena hereby resolves as follows:
1. Permission is hereby granted to the St. Helena Chamber of Commerce to use Lyman Park for their “Concerts in the Park” event series.
2. The St. Helena Chamber of Commerce can coordinate a wine vendor per event.
Approved at a Regular Meeting of the St. Helena City Council on June 28, 2022, by the following vote:
Mayor Ellsworth: __________
Vice Mayor Dohring: __________
Councilmember Chouteau: __________
Councilmember Hall: __________
Councilmember Hardy: __________
Agenda Item #7.2.
APPROVED: ATTEST:
________________________ ________________________
Geoff Ellsworth, Mayor Cindy Tzafopoulous, City Clerk
Agenda Item #7.2.
,.;§|_,
ST.HELENA
Agenda Item #7.2.
PW2205-021
6/10/2023
Agenda Item #7.2.
Agenda Item #7.2.
Agenda Item #7.2.
Agenda Item #7.2.
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
PRODUCER CONTACT NAME:
PHONE FAX
(A/C, No, Ext): (A/C, No):
E-MAIL ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE LIMITS (MM/DD/YYYY) (MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRO- POLICY LOC JECT PRODUCTS - COMP/OP AGG
OTHER: $
COMBINED SINGLE LIMIT
(Ea accident) $
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY (Per accident) $
HIRED NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY (Per accident) $
$
OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $
PER OTHSTATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
2/3/2022
(707) 963-2777 (707) 963-4073
St. Helena Chamber of Commerce
1320 A Main Street
St. Helena, CA 94574
A 1,000,000
X CF1-ML-10001310-04 6/24/2021 6/24/2022 100,000
Liquor Liability 10,000
1,000,000
2,000,000
2,000,000
A 1,000,000
CF1-ML-10001310-04 6/24/2021 6/24/2022
A 1,000,000
CF1-UM-10000274-04 6/24/2021 6/24/2022
10,000 1,000,000
B
EIG4736604-00 3/25/2021 3/25/2022 1,000,000
1,000,000
1,000,000
City of St. Helena, Its Officers, Officials, Employees, Agents and Volunteers are named as additional insured on the general liability as required by written contract per form CG 20 26 04 13. This insurance is primary and waiver of subrogation is included as required by written contract per policy form AGL09340717. Proof of Hired and Non Owned Auto Liability, Umbrella Liability and Workers Compensation Insurance is also provided.
City of St. Helena, It’s Officers, Officials, Employees and volunteers
1572 Railroad Avenue
Saint Helena, CA 94574
STHELEN-07 AGELARDI
Malloy Imrie & Vasconi Insurance Services, LLC
899 Adams Street
Suite C
St. Helena, CA 94574
[email protected]
Nova Casualty Company
Employers Insurance Group
X
X
X
X
X X
X
X
X
Agenda Item #7.2.
Agenda Item #7.2.
COMMERCIAL GENERAL LIABILITY
AGL09340717 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 7 with its permission.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SOCIAL SERVICES - GENERAL LIABILITY EXTRA ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. SECTION I – COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions is amended as follows:
1. EXPECTED OR INTENDED INJURY EXTENSION
Paragraph a. Expected Or Intended Injury is deleted and replaced by the following:
a. “Bodily injury” or “property damage” expected or intended from the standpoint of the insured. This exclusion does not apply to “bodily injury” or “property damage” resulting from the use of reasonable force to protect persons or property.
2. NON OWNED AIRCRAFT CHARTERED WITH CREW EXTENSION
Paragraph g. Aircraft, Auto Or Watercraft is amended to add an exception provision to the exclusion as follows:
a. This exclusion does not apply to aircraft chartered with crew to any insured. b. This exception provision does not apply if the chartered aircraft is owned by any insured. c. This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess, or contingent.
3. NON OWNED WATERCRAFT EXTENSION
Subparagraph (2) of g. Aircraft, Auto Or Watercraft is deleted and replaced by the following:
(2) A watercraft you do not own that is:
(a) Less than 60 feet long; and
(b) Not being used to carry persons or property for a charge; This provision applies to any person who, with your consent, either uses or is responsible for the use of a watercraft.
This insurance is excess over any other valid and collectible insurance available to the insured for aircraft, auto or watercraft whether primary, excess, or contingent.
4. PROPERTY SOLD OR ABANDONED BY YOU
Subparagraph (2) of j. Damage To Property is deleted and replaced by the following:
(2) Premises you sell, give away or abandon, if the “property damage” arises out of any part of those premises, and occurred from hazards that were known by you or should have reasonably been known by you at the time the property was sold, given away or abandoned.
5. DAMAGE TO PREMISES RENTED TO YOU
a. The last Paragraph of 2. Exclusions is deleted and replaced by the following:
Exclusions c. through n. do not apply to damage to premises while rented to you, or temporarily occupied by you with the permission of the owner, when the damage is caused by fire, lightning, explosion, smoke, water or leaks from automatic fire protective systems. A separate limit of insurance applies to this coverage as described in SECTION III – LIMITS OF INSURANCE. b. Paragraph 6. of SECTION III – LIMITS OF INSURANCE is deleted and replaced by the following:
6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of “property damage” to any one premises while rented to you, or temporarily occupied by you with permission of the owner, caused by fire, lightning, explosion, smoke, water or leaks from automatic fire protective systems. The Damage To Premises Rented To You limit will apply to all damage proximately caused by the same “occurrence”, whether such damage results from fire, lightning, explosion, smoke, water or leaks from automatic fire protective systems, or any combination of any of these.
The Damage To Premises Rented To You Limit will be the higher of:
(1) $1,000,000; or
(2) The amount shown on the Declarations for Damage To Premises Rented To You.
6. INVITEE PROPERTY DAMAGE LEGAL LIABILITY
a. The following is added to subparagraph (4) of j. Damage To Property:
INSURED
Agenda Item #7.2.
COMMERCIAL GENERAL LIABILITY
AGL09340717 Includes copyrighted material of Insurance Services Office, Inc., Page 2 of 7 with its permission.
However, this exclusion does not apply to “property damage” to your “invitee’s” personal property in your care, custody or control caused by fire, lightning, explosion, smoke, water, leaks from automatic fire protective systems; or vandalism or malicious mischief:
(a) On premises you own or rent or on ways next to premises you own or rent; and (b) Arising out of your operations.
For the purposes of this endorsement, personal property does not include any of the following:
(c)Accounts, bills, currency, food stamps or other evidences of debt; deeds, money, notes, or securities;
(d)Contraband, or property in the course of illegal transportation or trade; or (e)Blueprints, documents, drawings, manuscripts, records or valuable papers. b. The following is added to SECTION III – LIMITS OF INSURANCE:
Subject to Paragraph 5. above, the most we will pay under Coverage A for the sum of all damages sustained by all “invitees” because of “property damage” to personal property of such “invitees” in your care, custody or control is $15,000.
7. Paragraph 2. Exclusions is amended to add the following exclusion:
Willful Violation Of A Penal Code Or Statute
”Bodily injury”, “incidental medical malpractice liability” or “property damage” arising out of the willful violation of a penal code, statute or regulation relating to the sale or distribution of pharmaceuticals by or with the knowledge or consent of the insured.
B. SECTION I – COVERAGES, COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions is amended as follows:
1. Subparagraph a. Knowing Violation Of Rights Of Another is amended to add the following:
This exclusion does not apply to “personal and advertising injury” caused by malicious prosecution.
2. Subparagraph e. Contractual Liability is deleted and replaced by the following:
e. Advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement.
This provision does not apply if COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY is excluded by endorsement.
C. SUPPLEMENTARY PAYMENTS – COVERAGES A AND B, Paragraph 1. is amended as follows:
1. The limit in subparagraph b. is increased to $2,500.
2. The limit in subparagraph d. is increased to $500 a day.
D. ADDITIONAL INSUREDS
1. SECTION II - WHO IS AN INSURED is amended to include, as an additional insured, any person(s) or organization(s) for whom a written contract or written agreement between you and such person(s) or organization(s) exists and requires such person(s) or organizations(s) to be added as an additional insured to your Policy, but only for liability arising out of “bodily injury,” “property damage” or “personal and advertising injury”.
a. This endorsement applies only if the written contract or written agreement is:
(1) Currently in effect or becomes effective during the term of this Policy; and (2) Executed prior to the “bodily injury”, “property damage”, or “personal and advertising injury”. b. The insurance afforded to such additional insured only:
(1) Applies to the extent permitted by law; and
(2) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured.
2. The insurance provided to the additional insured by this endorsement applies as follows:
a. The person(s) or organization(s) is an additional insured but only for liability caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf:
(1) In connection with your premises owned by or rented to you; or (2) In the performance of your ongoing operations.
b. If the additional insured is an architect, engineer or surveyor, this insurance does not apply to “bodily injury”, “property damage” or “personal and advertising injury” arising out of the rendering of or failure to render any professional services including:
INSURED
Agenda Item #7.2.
COMMERCIAL GENERAL LIABILITY
AGL09340717 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 7 with its permission.
(1) The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or
(2) Supervisory, inspection or engineering services.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured if the “occurrence" which caused the "bodily injury" or "property damage" or the offense which caused the "personal and advertising injury" involved the rendering of or the failure to render any professional services by or for you.
c. If the additional insured is a lessor of equipment, this insurance only applies to liability caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such additional insured and does not apply to any “occurrence” which takes place after the equipment lease expires.
d. If the additional insured is a state or governmental agency or political subdivision and has issued a permit in connection with premises you own, rent or control, this insurance applies only with respect to the following hazards for which the state or political subdivision has issued such permit:
(1) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decoration and similar exposures; (2) The construction, erection or removal of elevators; or (3) The ownership, maintenance, or use of any elevators covered by this insurance. e. If the additional insured is a state or governmental agency or political subdivision that has issued a permit or authorization with respect to operations performed by you or on your behalf, then this insurance does not apply to:
(1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (2) "Bodily injury" or "property damage" included within the “products-completed operations hazard”. f. If the additional insured is a manager or lessor of insured premises, that person or organization is an additional insured only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you.
This insurance does not apply to:
(1) Any "occurrence" that takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor of insured premises.
g. If the additional insured is grantor of franchise, that person(s) or organization(s) is only an additional insured with respect to liability as grantor of a franchise to you. h. If the additional insured is an owner or other interest from whom land has been leased, that person(s) or organization(s) is only an additional insured with respect to liability arising out of the ownership, maintenance or use of that part of the land leased to you.
This insurance does not apply to:
(1) Any "occurrence" that takes place after you cease to lease that land; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of the owner or other interest from whom land has been leased. i. If the additional insured is a mortgagee, assignee, or receiver, that person(s) or organization(s) is only an additional insured with respect to their liability as such and arising out of the ownership, maintenance or use of the premises by you.
This insurance does not apply to structural alterations, new construction or demolition operations performed by or for that mortgagee, assignee or receiver. j. If the additional insured is a controlling interest, that person(s) or organization(s) is an additional insured but only for their liability arising out of:
(1) Their financial control of you; or
(2) Premises they own, maintain or control while you lease or occupy those premises. (3) Their requirements for certain performance placed upon you, as a non-profit organization, in consideration for funding or financial contributions you receive from them; or As respects Paragraph j.(2) above, this insurance does not apply to:
(4) Structural alterations, new construction or demolition operations performed by or on behalf of the person or organization; or
(5) Any “occurrence” which takes place after you cease to be a tenant in that premises.
INSURED
Agenda Item #7.2.
COMMERCIAL GENERAL LIABILITY
AGL09340717 Includes copyrighted material of Insurance Services Office, Inc., Page 4 of 7 with its permission.
k. If the additional insured is a vendor, that person(s) or organization(s) is only an additional insured with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, but only if this Policy provides coverage for “bodily injury” or “property damage” included within the “products-completed operations hazard”. (1) This insurance afforded to the vendor does not apply to:
(a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement;
(b) Any express warranty unauthorized by you;
(c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked under the instructions of the manufacturer for the sole purpose of inspection, demonstration, testing or the substitution of parts and then repackaged in the original container;
(e) Any failure by the vendor to make inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of "your products"; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of "your products"; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage” arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf.
However, this exclusion does not apply to:
(i) The exceptions contained in subparagraphs k.(d) or k.(f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of "your products".
(2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products.
l. If the additional insured is a member or volunteer this insurance only applies with respect to their liability for your activities or activities they perform on your behalf. m. If the additional insured is a trustee or member of the Board of Governors this insurance only applies with respect to their duties as such.
3. With respect to the insurance afforded to an additional insured as provided in Paragraphs D.1. and D.2. above, the most we will pay on behalf of the additional insured is the amount of insurance:
a. Required by the contract or agreement; or
b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less.
4. With respect to the insurance afforded to an additional insured as provided in Paragraphs D.1. and D.2. above, this insurance shall not increase the applicable Limits of Insurance shown in the Declarations.
5. If an Additional Insured endorsement is attached to this Policy that specifically names a person or organization as an insured, then the above subsection D. ADDITIONAL INSUREDS does not apply to such person(s) or organization(s).
6. Paragraph 4. Other Insurance of SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to include:
For the purposes of the coverage provided by this endorsement, regardless of whether other insurance is available to an additional insured on a primary basis, this insurance will be primary and noncontributory if a written contract between you and the additional insured specifically requires that this insurance be primary and noncontributory.
E. SECTION II - WHO IS AN INSURED is amended as follows:
1. BROADENED NAMED INSURED
Paragraph 3. is deleted and replaced by the following:
3. Any business entity organized under the laws of the United States of America (including any state thereof, its territories or possessions), or Canada (including any province thereof) will qualify as a
INSURED
Agenda Item #7.2.
COMMERCIAL GENERAL LIABILITY
AGL09340717 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 7 with its permission.
Named Insured if there is no similar insurance available to that business entity, provided that one or more Named Insureds shown in the Declarations have, at the inception of the policy period, an ownership interest in such business entity of more than 50%. However, if a Named Insured has an ownership interest in a business entity of more than 50%, the business entity will not be a Named Insured if such business entity is an insured under any other liability policy or would be an insured under such policy but for its termination or the exhaustion of its Limit of Insurance.
2. CO-EMPLOYEE COVERAGE AND CO-VOLUNTEER WORKERS
Subparagraphs (a), (b) and (c) under Paragraph 2.a.(1) do not apply to “bodily injury” for which insurance is provided as follows:
a. Your “employees” are insureds with respect to “bodily injury” to a co-“employee” in the course of the co-“employee’s” employment by you, or to your “volunteer workers” while performing duties related to the conduct of your business, provided that this coverage for your “employees” does not apply to acts outside the scope of their employment by you or while performing duties unrelated to the conduct of your business.
b. Your “volunteer workers” are insureds with respect to “bodily injury” to a co-“volunteer worker” while performing duties related to the conduct of your business, or to your “employees” in the course of the “employees” employment by you, provided that this coverage for your “volunteer workers” does not apply while performing duties unrelated to the conduct of your business.
3. INCIDENTAL MEDICAL MALPRACTICE – EMPLOYED NURSES, EMT’S AND PARAMEDICS a. Paragraph 2.a.(1)(d) does not apply to any registered nurse, licensed practical nurse, emergency medical technician or paramedic employed by you, but only:
(1) While performing the services described in the definition of “incidental medical malpractice injury”; and
(2) When acting within the scope of their employment by you.
Any “employees” rendering “Good Samaritan Services” will be deemed to be acting within the scope of their employment by you.
b. For the purposes of determining the applicable Limits of Insurance, any act or omission, together with all related acts or omissions in the furnishing of services for an “incidental medical malpractice injury” to any one person, will be considered one "occurrence". c. This provision as provided in Paragraph 3.a. and 3.b. does not apply if:
(1) You are in the business or occupation of providing any of the services described in “incidental medical malpractice injury”; or
(2) An endorsement is attached to this Policy that specifically provides liability coverage for registered or licensed practical nurses.
d. The insurance provided by Paragraph 3.a. and 3.b. shall be excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by you to be excess of this Policy.
4. LIABILITY FOR CONDUCT OF UNNAMED PARTNERSHIP OR JOINT VENTURE a. The last Paragraph of SECTION II – WHO IS AN INSURED is deleted and replaced by the following:
No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture, limited liability company or trust that is not shown as a Named Insured in the Declarations. This subparagraph does not apply to your liability with respect to your conduct of the business of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations.
b. SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4.b. Excess Insurance is amended to add the following:
This insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, which is available to you for your liability with respect to your conduct of the business of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations and which is issued to such partnership or joint venture.
F. SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows:
1. KNOWLEDGE AND NOTICE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT The notification requirements of Paragraphs 2.a. and 2.b. Duties In The Event Of Occurrence, Offense, Claim Or Suit apply only when the “occurrence”, offense, claim or “suit” is known to:
a. You, if you are an individual;
b. A partner or member, if you are a partnership or joint venture;
INSURED
Agenda Item #7.2.
COMMERCIAL GENERAL LIABILITY
AGL09340717 Includes copyrighted material of Insurance Services Office, Inc., Page 6 of 7 with its permission.
c. An officer or director, if you are an entity other than a partnership, joint venture or limited liability company;
d. A member or manager, if you are a limited liability company; or e. An insurance manager, risk manager or other “employee” you designate prior to loss to give notice to us.
Knowledge of an “occurrence”, offense, claim, or “suit” by your agent, servant or “employee” shall not in and of itself constitute knowledge by you unless an individual in one of the positions listed above has actual knowledge.
2. FAILURE TO DISCLOSE HAZARDS
The following is added to Paragraph 6. Representations:
If you unintentionally failed to disclose all hazards or prior “occurrences” existing at the inception of this Policy, but reported such error or omission to us as soon as practicable after discovery, we will not deny coverage under this Coverage Part because of such failure.
This provision does not affect our right to collect any additional premium or exercise our right of cancellation or non-renewal.
3. SPECIAL EVENT PREMIUM RATING
The following is added:
Special Event Premium Rating
a. The rating for this endorsement includes the following special events:
(1) All indoor special events with less than 2,500 attendees that are less than 24 hours in duration; and
(2) All outdoor special events with less than 2,500 attendees that are less than 24 hours in duration. b. The following special events shall be separately rated for additional premium:
(1) Any special event that exceeds the number or attendees or duration as shown in 3.a.(1) or 3.a.(2) above;
(2) Any parade, fair or carnival; or
(3) Any athletic, sporting or motor vehicle event including walks, runs, tournaments, demonstrations, rallies or competitive activities.
4. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US The following is added to Paragraph 8. Transfer Of Rights of Recovery Against Others To Us:
We waive any right of recovery we may have against any person or organization when such waiver is required by a written contract that you have agreed to prior to any “occurrence”, “suit” or the offense which caused the “bodily injury”, “property damage” or “personal and advertising injury”, provided that the “occurrence”, “suit” or the offense which caused the “bodily injury”, “property damage” or “personal and advertising injury” arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract.
G. SECTION V – DEFINITIONS is amended as follows:
1. BODILY INJURY
The definition of “bodily injury” in Paragraph 3. is deleted and replaced by the following:
“Bodily injury” means bodily injury, “incidental medical malpractice injury”, mental anguish, mental injury, shock, fright, disability, humiliation, sickness or disease sustained by a person, including death resulting from any of these at any time.
2. PERSONAL AND ADVERTISING INJURY
If COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY is not otherwise excluded from this Policy, the definition in Paragraph 14.b. is deleted and replaced by the following:
b. Malicious prosecution or abuse of process;
The following is added:
"Personal and advertising injury" also means “discrimination” or humiliation that results in injury to a natural person or their reputation, but only if such discrimination or humiliation is:
(a) Not done intentionally by or at the direction of, or with the knowledge or consent of:
i. Any insured; or
ii. Any executive officer, director, stockholder, partner or member of any insured organization; (b) Not directly or indirectly related to the employment, former or prospective employment, termination of employment, or application for employment, of any person or persons by any insured; (c) Not prohibited by or held in violation of law, public policy, legislation, court decision or administrative
INSURED
Agenda Item #7.2.
COMMERCIAL GENERAL LIABILITY
AGL09340717 Includes copyrighted material of Insurance Services Office, Inc., Page 7 of 7 with its permission.
ruling;
(d) Not arising out of any “advertisement” by the insured.
3. INSURED CONTRACT
a. Subparagraph a. of the definition of "insured contract" is deleted and replaced by the following:
a. A contract for a lease of premises.
b. Subparagraph f. of the definition of "insured contract" is deleted and replaced by the following:
f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" "property damage" or "personal and advertising injury" to a third party or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement.
4. PRODUCTS-COMPLETED OPERATIONS HAZARD
The definition of “products-completed operations hazard” in Paragraph 16. is amended to add the following:
Includes all “bodily injury” and “property damage” arising out of your “designated products” on premises you own or rent; on premises used by you for a special event related to your business; or on connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad, next to any such premises you own or rent, or use for a special event.
For the purpose of this definition, “designated products” means apparel, buttons, CD’s, DVD’s, posters, stickers, tapes and other similar products used to promote a special event related to your business.
The following definitions are added:
5. “Discrimination” means:
a. Unfair treatment of a natural person or organization including but not limited to discrimination based upon race, color, ethnic or national origin, religion, age, gender, marital status, sexual orientation or preference, pregnancy, physical disability or impairment, or mental disability or impairment; or b. Any act or conduct that would be considered “discrimination” under any applicable federal, state, or local statute, ordinance or law.
6. “Good Samaritan services” means those medical services rendered or provided in an emergency and for which no remuneration is requested or paid.
7. "Incidental medical malpractice injury” means “bodily injury”, mental anguish, sickness or disease sustained by a person, including death resulting from any of these at any time, arising out of the rendering of, or failure to render, the following services:
a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages;
b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances; or c. First aid.
8. “Invitee” means any of your clients, customers, guests, members, patrons, supporters, and “volunteer workers”; however, it does not include any person who is your “employee”, “temporary worker” or independent contractor.
All other terms and conditions of the policy remain unchanged.
INSURED
Agenda Item #7.2.
Report to the City Council
Regular City Council - 28 Jun 2022
Agenda Section: CONSENT ITEMS
Subject: Consideration and proposed approval of a resolution authorizing the St. Helena High School annual homecoming parade on Main Street and authorizing City staff to provide traffic control before, during, and after the parade.
CEQA
Determination:
Categorically Exempt, Section 15323
Prepared By: Chantel Delay, Administrative Assistant
Reviewed By: April Mitts, Administrative Services Director Approved By: James C. McCann, Interim City Manager
BACKGROUND
The St. Helena High School hosts its annual homecoming parade on Main Street as a long-standing tradition and highly anticipated event for the St. Helena community.
DISCUSSION
The St. Helena High School has requested approval from the City Council to hold its annual homecoming parade on Main Street. he SHUSD must obtain a resolution authorizing the event from the St. Helena City Council. The parade will take place on Friday, September 30, 2022, from 2:10 pm to 2:30 pm. The St. Helena Unified School District (SHUSD) is proposing the closure of Main Street, starting at Sunshine Market parking lot on Main Street and Mitchell Drive, and ending with a rally at Lyman Park.
Because the event takes place on Highway 29 an encroachment permit from Caltrans is required as Caltrans owns the public right-of-way. Section 21101(e) of the California Vehicle Code requires authorization by Council Resolution. Section 21101(e) “provides the local authorities may, by resolutions, temporarily close a portion of any street for celebrations, parades, local special events, and other purposes when, in the opinion of local authorities having jurisdiction or a public officer of employee that the local authority Agenda Item #7.3.
designated by resolution, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing.” City staff assist with pre-planning, permit review, setup, and tear down of “no parking” signs and traffic control measures during the event, and the Police Department also participates by controlling/detouring traffic during the parade festivities.
FISCAL IMPACT
For the purpose of this staff report there is no direct fiscal impact. However, because there is coordination required from multiple departments (Fire, Public Works, and Police) staff resources are utilized in the following way: pre-planning, permit review, setup, and tear down of “no parking” signs and traffic control measures during the event. This will require approximately 15 hours of Public Works Department staff time, and approximately four hours from Police Department staff.
RECOMMENDED ACTION
Staff recommends the City Council adopt the attached resolution.
ATTACHMENTS
Attachment 1: Resolution_SHHS 2022 HC Parade
Attachment 2: PW2205-015_Encroachment Permit
Agenda Item #7.3.
CITY OF ST. HELENA
RESOLUTION NO. 2022-
Authorizing the St. Helena High School annual
homecoming parade on Main Street and authorizing City
staff to provide traffic control before, during, and after the parade
RECITALS
A. St. Helena High School has requested
authorization to conduct their annual Homecoming
Parade on Main Street on Friday, September 30,
2022, from 2:10 p.m. until 2:30 p.m.
B. The parade shall start at the Sunshine Market
Parking Lot and proceed up Main Street to Lyman
Park.
C. City staff is able to provide the necessary
controlling and detouring of traffic on Highway 29,
Railroad Avenue, and the parade route.
D. Section 21101(e) of the California Vehicle Code
provides the local authorities may, by resolutions,
temporarily close a portion of any street for
celebrations, parades, local special events, and
other purposes when, in the opinion of local
authorities having jurisdiction or a public officer of
employee that the local authority designated by
resolution, the closing is necessary for the safety
and protection of persons who are to use that
portion of the street during the temporary closing.
RESOLUTION
The City Council of the City of St. Helena hereby resolves as follows:
1. The City Council hereby approves the St.
Helena High School request for a Homecoming
Parade on Main Street on Friday, September
30, 2022, from 2:10 pm to 2:30 pm.
2. The City Council finds that the benefits derived
from authorizing the St. Helena High School
Homecoming Parade starting from Sunshine
Agenda Item #7.3.
Market Parking Lot on Main Street and ending
at Lyman Park outweigh the anticipated
inconvenience to the businesses and citizens
generally.
3. City staff is directed to provide necessary traffic
control for the safety and protection of persons
who are to use the portion of Main Street during
the Homecoming Parade.
Approved at a Regular Meeting of the St. Helena City
Council on June 28, 2022, by the following vote:
Mayor Ellsworth: __________
Vice Mayor Dohring: __________
Councilmember Chouteau: __________
Councilmember Hardy: __________
Councilmember Hall: __________
APPROVED: ATTEST:
__________________________
__________________________
Geoff Ellsworth, Mayor Cindy Tzafopoulos, City Clerk
Agenda Item #7.3.
PW2205-015
6/14/2023
Agenda Item #7.3.
Agenda Item #7.3.
Agenda Item #7.3.
City of St. Helena
“We will conduct city affairs on behalf of our citizens using an open and creative process.”
Encroachment Permit Conditions
City of St. Helena 1572 Railroad Ave, St. Helena, CA 94574 Phone: (707) 967-2792 Website: www. cityofsthelena.org 1572 Railroad Ave
St. Helena, CA 94574
Phone: (707) 967-2792
www.cityofsthelena.org
Below is a list of conditions attached to the approval of your encroachment permit. Please keep your permit and these conditions at the job site while any work is being done. Please feel free to contact us @ (707) 968-2658 should you have any question or concerns.
Property Address: 1401 Grayson Avenue
(SHHS Homecoming 2022)
Permit No. PW2205-015
Encroachment Permit Conditions:
Adhere to all applicable City Standards
Adhere to approved traffic control plan
Adhere to the approved parade route
Applicant MUST obtain an encroachment permit from Caltrans MANDATORY meeting to include Public Works Operations staff, St. Helena Police Department staff, and St. Helena High School staff the week of September 12, 2022, to discuss the logistics and coordination of the parade.
o Please contact Clayton Church ([email protected]) or Carlos Uribe ([email protected]) to schedule the pre-event meeting as indicated above.
Agenda Item #7.3.
Agenda Item #7.3.
Agenda Item #7.3.
Agenda Item #7.3.
Agenda Item #7.3.
Agenda Item #7.3.
Report to the City Council
Regular City Council - 28 Jun 2022
Agenda Section: CONSENT ITEMS
Subject: Proposed approval of a resolution approving an extension to the maturity date of a promissory note between the City of St.
Helena and Hunt Avenue Associates for up to 18 months from the current maturity date of August 1, 2022, extending the maturity date to February 1, 2024, and authorizing the City Manager to execute the necessary documentation for this amendment.
CEQA
Determination:
Not a CEQA project
Prepared By: Mandy Kellogg, Administrative Services Director Reviewed By: April Mitts, Assistant City Manager
Approved By: James C. McCann, Interim City Manager
BACKGROUND
Hunt Avenue Associates was formed as a limited partnership on July 23, 1990, to develop and operate a 56-unit rental housing complex called Hunt’s Grove Apartments located at 548 Hunt Avenue in St. Helena. Hunt Avenue Associates is controlled by its general partner, Hunt Avenue, Inc., which is a non-profit organization, under the control of the Board of Directors of BRIDGE Housing Corporation and Napa Valley Community Housing.
Considering the critical need for affordable housing in St. Helena, the City agreed to defer payment of certain fees related to the Hunt's Grove Apartments project that would otherwise be due and payable upon issuance of the building permits.
On June 11, 1991, the City Council approved a resolution approving a promissory note and deed of trust between Bridge Housing and the City related to fees due to the City in the amount of $762,752 that were deferred at the issuance of the building permits. The date of the note is June 18, 1991 and the note receivable accrues simple interest at 3% Agenda Item #7.4.
with a maturity date of August 8, 2022. Bridge Housing was required to make an initial payment to the note in the amount of $242,707 plus simple interest reducing the principal balance to $520,045, this payment was made on August 8, 1992.
After the initial payment, Bridge Housing was to continue making regular payments to the City in amounts sufficient to pay the City the entire balance due, including interest accrued, within thirty years from construction completion. Over the course of the years, Bridge Housing repaid an additional $276,858, leaving an outstanding principal balance of $243,187. In addition, $174,278 in accrued interest will be recorded through June 30, 2022, leaving the total balance due to the City $417,466 to the following funds:
Fund Note and Interest
Due
Water Impact $250,463
Sewer Impact $167,003
Total $417,466
DISCUSSION
Bridge Housing Corporation and Hunt Avenue Associates, LP contacted City staff in May 2022 to request an 18-month extension of the City of St. Helena loan which matures on August 1, 2022. Bridge Housing has been working diligently to restructure their remaining debt which includes the City's note and debt with the California Department of Housing and Community Development (“HCD”).
To restructure the existing debt, Bridge Housing must complete an application through the Loan Portfolio Restructuring Program (“LPR”) which is required to subordinate the existing HCD loan to a new senior loan. This process has proved to be very lengthy and onerous and Bridge Housing will not be able to complete the process by August 1, 2022.
The request for an 18-month extension will allow Bridge Housing to complete the LPR process in sufficient time prior to the extended maturity date (February 1, 2024).
The note will continue to accrue interest at the rate of 3% per annum simple interest on the outstanding principal balance throughout the extension period.
FISCAL IMPACT
An additional $10,943 will accrue in simple interest during the extension period; $6,566 Water Impact Fee interest earned, and $4,377 Sewer Impact Fee interest earned.
RECOMMENDED ACTION
Approve a resolution approving an extension to the maturity date of a promissory note between the City of St. Helena and Hunt Avenue Associates for up to 18 months from the current maturity date of August 1, 2022, extending the maturity date to February 1, 2024, and authorize the City Manager to execute the necessary documentation for this amendment.
Agenda Item #7.4.
ATTACHMENTS
Attachment 1 - Promissory Note Hunts Grove
Attachment 2 - Deed of Trust and Assignment of Rents Hunt's Grove Resolution Extension of Hunt Avenue Promissory Note
Agenda Item #7.4.
I
‘F
- ( - PROMISSORY NOTE
Amount $ 762,752.00 PermanentDocumefltt San Francisco, California ‘Hr’flflqflV) /1 urj LJ3 LUlL /‘ , 1991
Uploaded to SharePoint
FOR VALUE RECEIVED, the undersigned Hunt Avenue Associates, a California limited partnership (“Maker”), hereby promises to pay to the order of the CITY OF ST. HELENA,
a municipal
corporation (“Holder”), the principal sum of Seven Hundred Sixty— Two Thousand, Seven Hundred Fifty—Two Dollars ($762,752), together with interest thereon, as set forth below.
1. Payments.
(a) Initial Payment. Upon (i) completion of
construction, as evidenced by
a Certificate of Completion issued
by the City of St. Helena, of the residential rental units and associated facilities (the “Improvements”) to be constructed upon that certain real property described in Exhibit
A to the Deed of
Trust securing this Note (the “Property”) and (ii) funding of (a)the permanent mortgage loans from 1st Nationwide Bank and the State of California secured by the Improvements, and (b) the loan from the Bank of America to be repaid from the proceeds of sale of limited partnership interests in Maker and secured by the Improvements, the sum of Two Hundred Forty—Two Thousand, Seven Hundred and Seven Dollars ($242,707), with interest at the rate of three percent (3%) per year simple interest accruing from the date that building permits for the Improvements are issued, shallbe due and payable to Holder. (b) Remaining Balance. The remaining principal balance
in the amount of Five Hundred Twenty Thousand, Forty-Five Dollars ($520,045) (the “Remaining Balance”) shall be repaid as follows:
the payments of principal and accrued interest shall be made annually, beginning on the earliest date which is (i) after the date the Initial Payment is due and (ii) thirty days after thereceipt by Maker of the audited financial statement for the Improvements. Each subsequent annual payment shall be due within 1440FV.PSO
06/18/91
Agenda Item #7.4.
( I
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thirty days after receipt by Maker of the annual audited financial statement for the Improvements. All such payments applicable to the Remaining Balance shall only be made only whenand to the extent that Revenues (defined below) for the Improvements exceed Operating Expenses (defined below) for the Improvements (“Residual Receipts”).
(C) Operating Expenses. For the purpose of computing
Residual Receipts, Operating Expenses shall include only the following: debt service on any loans required to be paid currently (or, in the event of foreclosure with respect to any such loans, an amount equal to the debt service that would have been paid under such loan), utilities, insurance, taxes, maintenance, repairs and rehabilitation, property management fees, refinancing payments and expenses, reserves to provide forfunds to make balloon payments which are to come due during the Lease Term, balloon payments to the extent not funded fromreserves, payments into any reserve accounts (including adequatereserve amounts for deferred and long—term maintenance and for maintenance, repair and replacement of capital improvements on the Project), all rent obligations under that certain First Amended and Restated Land Lease between BRIDGE Housing
Corporation and Holder dated June 14, 1991,
a memorandum of which
is recorded as Document No. 15834, at Book 1827, Page 414, in the Official Records of Napa County, and any amendment thereto, (the “Lease”), the cost of any audited financial statement required of BRIDGE under the Lease, and all other expenses or expenditures included during the fiscal year in the annual budget approved by the California Department of Housing and Community Development (“HCD”) to the extent HCD’s regulations apply to the Development(or if HCD’s regulation no longer applies to the Development then the annual budget approved by the mortgagee whose loan is in first position).
(d) Revenues. For the purpose of computing Residual
Receipts, Revenues shall include rents, subsidy payments received on behalf of tenants, interest on contingency reserve or other reserve funds not designated to be
a sinking fund, and receipts
from operation of laundry, parking or other services for which a
fee is charged separate from rent, and total capitalcontributions by investors in Maker; provided, however, that the amount of the total capital contributions shall be reduced by any transactional costs associated with the sale of the limitedpartnership interests to such investors and any required repayments of loans secured by
a deed of trust the lien of which
is or will be in
a superior position to the lien of the Deed of
Trust securing this Note.
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Agenda Item #7.4.
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(e) Due Date for Remaining Balance. The outstanding
amount of the Remaining Balance, plus accrued interest, shall be due on the date which is thirty (30) years after the date the Initial Payment is due.
2. Interest. Interest shall be charged at the rate of 3% per annum simple interest on the outstanding principal balance.
3. Security. Repayment of this Note will be secured by
a
Deed of Trust of even date with this Note. Holder agrees that the lien of such Deed of Trust shall be subordinate to the liens of: (1) the Deed of Trust for the Construction Loan from the Bank of America; (2) The Deed of Trust for the Permanent Mortgage Loan from 1st Nationwide Bank, (3) the Deed of Trust and the Regulatory Agreement for the Permanent Mortgage loan by the State of California, (4) the Deed of Trust for the Loan fromthe Bank of America to be repaid from the proceeds of sale of limited partnership interests in Maker and secured by the Improvements; and (5) the Regulatory Agreement required by Maker’s receipt of the Low Income Housing Tax Credit. Holder Agrees to execute and cause to be recorded whatever documents are necessary to accomplish such subordination.
4. Terms of Payment.
a. All payments under this Note shall be paid in
currency of the United States of America, which at the time of payment is lawful for the payment of public and private debts. b. All payments shall be made payable to Holder and
mailed or delivered in person to Holder’s office at 1480 Main Street, St. Helena, CA 94574, or to such other place as the Holder of this Note may from time to time designate.
c. Notwithstanding any other provisions of this Note,
or any instrument securing the obligations of Maker under this Note, if, for any reason whatsoever, the payment of any sums by Maker pursuant to the terms of this Note would result in the payment of interest which would exceed the amount that Holder may legally charge under the laws of the State of California, then the amount by which payment exceeds the lawful interest rate shall automatically be deducted from the principal balance owingon this Note, so that in no event shall Maker be obligated under the terms of this Note to pay any interest which would exceed the lawful rate.
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Agenda Item #7.4.
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5. Default.
a. Any of the following shall constitute an event of
default under this Note.
(i) Any failure to pay in full any payment
required under this Note when due;
(ii) Any failure in the performance by the Maker
of any term, condition, provision, or covenant set forth in the Deed of Trust.
b. In the event of
a default, the Maker shall have
thirty (30) days from the receipt of written notice from Holder to cure such default, or, if such default cannot reasonably be cured within such 30-day period, the Maker shall have six months to cure such default, provided that it diligently commences to cure such default within the 30-day period. If, after the time provided in this subparagraph (b), Maker has not cured the default, or Holder has not waived its rights under the Note or Agreement, the entire unpaid principal balance, together with all other sums then payable under this Note, shall become immediately due and payable without further demand.
c. If an event of default shall occur and be
continuing, Holder shall pursue all rights and remedies available under this Note or as may otherwise be available to Holder. d. No waiver of any breach, default or failure of
condition under the terms of this Note shall be implied from any delay by Holder in taking action to enforce the provisions ofthis Note or the Deed of Trust securing this Note as to such breach, default or failure of condition; any waiver of any term of this Note shall be in writing and shall be limited to the express written terms of such waiver.
6. Miscellaneous Provisions.
a. All notices to Holder or Maker shall be given in
the manner and at the addresses set forth in the Deed of Trust, or to such addresses as Holder and Maker may hereafter designate in accordance with said Deed of Trust.
b. In the event of litigation arising from the
enforcement of or
a default under this Note, the non—prevailing
party promises to pay all reasonable costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in such litigation.
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Agenda Item #7.4.
,--.
(
I
c. This Note may be amended only by an agreement in
writing signed by the party against whom enforcement of anywaiver, change, modification or discharge is sought. d. This Note shall be governed by and construed in
accordance with the laws of the State of California.
e. The times for the performance of any obligations
under this Note shall be strictly construed, time being of the essence.
MAKER
Hunt Avenue Associates,
a
California Limited Partnership
By: BRIDGE Housing Corporation,
a
California nonprofit public
benefit corporation, ManagingGen älPt
By:_________ Carol Gálarite
Vice-President
DO NOT DESTROY THIS NOTE: When paid, this Note, with any Deed of Trust securing it, must be surrendered to Trustee for
cancellation before reconveyance will be made.
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Agenda Item #7.4.
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City AttorneyCity of St. H:lena jentDUmeflt
St. Helena, CA 94574 092012
ShrePOifl
LEASEHOLD DEED OF’ TRUST AND ASSIGNMENT OF RENTS
This Deed of Trust, made as of the I’ day of Jorie
1991, between BRIDGE Housing Corporation,
a California nonprofit
public benefit corporation, herein called TRUSTOR, whose address is 82 Second Street, Suite 200, San Francisco, California 94105; Napa Land Title Company,
a California corporation, herein called
TRUSTEE, and The City of St. Helena,
a municipal corporation,
herein called BENEFICIARY, witnesseth: that Trustor IRREVOCABLYGRANTS, TRANSFERS, AND ASSIGNS TO TRUSTEE IN TRUST, WITH POWER OF SALE, that real property situated in the City of St. Helena, County of Napa, State of California, described in Exhibit A
attached to and made
a part of this Deed of Trust.
TOGETHER WITH the rents, issues and profits thereof,
SUBJECT, HOWEVER, to the right, power and authority given to andconferred upon Beneficiary by Subdivision A., paragraphs (1), (3), (4) and (5), and Subdivision B., paragraphs (2), (3), (4),(5), (6), (7), (8), and (9) of that certain fictitious deed of trust recorded in the office of the Recorder of the County of Napa in Book 704 of Official Records, at page 742, incorporated herein by reference to collect and apply such rents, issues and profits.
FOR THE PURPOSE OF SECURING:
A. Performance of each agreement of Trustor set forth in the promissory note executed by Trustor in favor of Beneficiary,dated of even date with this Deed of Trust, and performance ofeach agreement of Trustor incorporated by reference or contained herein.
B. Payment of the indebtedness evidenced by the aforesaid promissory note in the principal amount not to exceed SevenHundred Sixty-Two Thousand, Seven Hundred and Fifty-Two Dollars ($762,752), with interest, according to the terms of said promissory note.
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Agenda Item #7.4.
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TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR
AGREES:
Section 1. By the execution and delivery of this Deed of Trust and the note secured hereby, that Subdivision A., paragraphs (1), (3), (4) and (5), and Subdivision B., paragraphs (2), (3), (4), (5), (6), (7), (8), and (9) of the fictitious deed of trust recorded in the office of the Recorder of the County of Napa in Book 704 of Official Records, at page 742, hereby are adopted and incorporated herein and made
a part hereof as fully
as though set forth herein at length; that it will observe and perform said provisions; and that the references to property, obligations, and parties in said provisions shall be construed torefer to the property, obligations, and parties set forth in this Deed of Trust; provided, however, that in the event of conflict between the provisions of this Deed of Trust and the provisions of that certain First Amended and Restated Land Lease between Beneficiary and Bridge Housing Corporation, dated June 14, 1991, a memorandum of which was recorded in the Official Records of Napa County as Document no. 15834, at Book 1827, Page 414, and any amendments thereto (the “Lease”), the provisions of the Lease shall control.
Section 2. Beneficiary, for itself and its successors
and assigns, covenants and agrees that all of its rights and powers under this Deed of Trust shall be subordinated and subject to the rights of; (1) the Bank of America under that
a Deed of
Trust to be executed and recorded in connection with
a
construction loan to Trustor for construction of residentialrental units (the “Improvements”) on the Property; (2) the 1st Nationwide Bank under
a deed of trust to be executed and recorded
in connection with
a permanent mortgage loan for the
Improvements; (3) the State of California under
a deed of trust
and
a regulatory agreement to be executed and recorded in
connection with
a permanent mortgage loan for the Improvements;
(4) the Deed of Trust for the Loan from the Bank of America to be repaid from the proceeds of sale of limited partnership interests in Maker and secured by the Improvements; and (5) the Regulatory Agreement recorded pursuant to the receipt by Trustor of Low Income Housing Tax Credits.
Beneficiary, for itself and its successors and assigns
further covenants and agrees that in the event of the appointmentof a receiver or of the appointment of the Beneficiary as
mortgagee—in—possession, in any action by the Beneficiary, its successors or assigns, to foreclose the mortgage, no rents,revenue or other income of the Project collected by the receiver or by the mortgagee-in-possession shall be utilized for the payment of interest, principal, or any other charges due and 1440FS.P5006/18/91 —2—
Agenda Item #7.4.
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c
payable under this Deed of Trust, except from Residual Receipts, if any, as the term is defined in the Note.
Section 3. Trustor shall not further pledge, encumber,
create
a security interest in, or otherwise hypothecate or
alienate all or any part of the Security without Beneficiary’s prior written consent, except as set forth in Section 2 above. Beneficiary may, at its option, declare the indebtedness secured hereby immediately due and payable, without notice to Trustor or any other person or entity (except as provided herein), upon any such further pledge, encumbrance, creation of
a security interest
in, or other hypothecation or alienation in violation of this Section 3.
Section 4. In the event of default by the Trustor under this Deed of Trust, all obligations secured by this instrument irrespective of the maturity dates expressed therein, at the option of Beneficiary and without demand or notice shall immediately become due and payable.
The undersigned Trustor requests that
a copy of any Notice
of Default and of any Notice of Sale hereunder be mailed to it at its address set forth above.
TRUSTOR:
BRIDGE Housing Corporation,
a
California nonprofit public benefit
corporation
By:
_______
Carol Galante
Vice President
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06/18/91
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Agenda Item #7.4.
C CE
EXHIBIT
A
PROPERTY DESCRIPTION
The leasehold interest arising under that certain Land Lease between the CITY OF ST. HELENA,
a municipal corporation, as
Landlord, and BRIDGE Housing Corporation,
a California nonprofit
public benefit corporation, as Tenant, dated June 14, 1991, a
memorandum of which was recorded in the official records of Napa County as Document no. 15834, at Book 1827, Page 414, in thatcertain real property described as:
COMMENCING at
a point on what is known as the D.O. Hunt
line, at the most Southern corner of the tract of land conveyed to the Town of St. Helena by deed recorded January 23, 1901 inBook 67 of Deeds, page 331, said Napa County Records (said pointbeing at the Northeastern end of Hunt Avenue); running thence North 28 degrees East, along said D. 0. Hunt line, 930.6 feet;thence North 62 degrees West 234.63 feet; thence South 28 degrees West 930.6 feet; thence South 62 degrees East, to and along the Northeastern end of Hunt Avenue, 234.63 feet to the point of commencement.
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Agenda Item #7.4.
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State of California ))ssCounty of San Francisco )
On
t1his _____ day of LUV€, 1991, before me, \JQ-qcj , the undersigned, a Notary
Public in and for said St’&te, personally appeared Carol Galante, personally known to me (-or proved—ta me—on—the---basi of to be the person whose name is subscribed
to the within instrument and acknowledged to me that she executedthe same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person, acted, executed the instrument.
WITNESS my hand and official seal.
OI
i4otary’ s Sigature
OFFICIAL SEAL
VANESSA RENEE PIGG
NOIARY PUBLIC - CAUFOPNIA
SAN FRANCISCO COUNTY
My comm. expires APR 9, 1993
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Agenda Item #7.4.
CITY OF ST. HELENA
RESOLUTION NO. 2022-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ST. HELENA AUTHORIZING AN EXTENSION TO THE
MATURITY DATE OF A PROMISSORY NOTE BETWEEN
THE CITY OF ST. HELENA AN HUNT AVENUE
ASSOCIATES FOR UP TO 18 MONTHS FROM THE
CURRENT MATURITY DATE OF AUGUST 1, 2022,
EXTENDING THE MATURITY DATE TO FEBRUARY 1,
2024, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE NECESSARY DOCUMENTATION FOR
THIS AMENDMENT.
WHEREAS, Considering the critical need for affordable housing in St. Helena, the City agreed to defer payment of certain fees related to the Hunt's Grove Apartments project that would otherwise be due and payable upon issuance of the building permits; and
WHEREAS, On June 11, 1991, the City Council approved a resolution approving a promissory note and deed of trust between Bridge Housing and the City related to fees due to the City in the amount of $762,752 that were deferred at the issuance of the building permits; and
WHEREAS, Bridge Housing was required to make an initial payment to the note in the amount of $242,707 plus simple interest reducing the principal balance to $520,045, which was issued on August 8, 1992; and
WHEREAS, Bridge Housing repaid an additional $276,858, leaving an outstanding principal balance of $243,187. An additional $174,278 in accrued interest will be recorded through June 30, 2022, leaving the total balance due $417,466; $250,463 due to the Water Impact Fee Fund, and $167,003 due to the Sewer Impact Fee Fund; and
WHEREAS, Bridge Housing repaid an additional $276,858, leaving an outstanding principal balance of $243,187. An additional $174,278 in accrued interest will be recorded through June 30, 2022, leaving the total balance due $417,466; $250,463 due to the Water Impact Fee Fund, and $167,003 due to the Sewer Impact Fee Fund; and
WHEREAS, Bridge Housing has been working diligently to restructure their remaining debt which includes the City's note and debt with the California Department of Agenda Item #7.4.
Housing and Community Development (“HCD”), which requires an application through the Loan Portfolio Restructuring Program (“LPR”); and
WHEREAS, To allow Bridge Housing additional time to complete the LPR process to restructure the debt, the City is providing Bridge Housing and Hunts Avenue Association, LP with an additional 18-month extension during which note will continue to accrue interest at the rate of 3% per annum simple interest on the outstanding principal balance throughout the extension period.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. HELENA AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The City Council of the City of St. Helena hereby approves an extension to the maturity date of a promissory note between the City of St. Helena and Hunt Avenue Associates for up to 18 months from the current maturity date of August 1, 2022, extending the maturity date to February 1, 2024.
SECTION 3. The City Council authorizes the City Manager to execute the necessary documentation for the extension.
Approved at a Regular Meeting of the St. Helena City Council on June 28, 2022, by the following vote:
Mayor Geoff Ellsworth: ____
Vice Mayor Paul Dohring: ____
Council Member Anna Chouteau: ____
Council Member Lester Hardy: ____
Council Member Eric Hall: ____
APPROVED: ATTEST:
______________________ ________________________
Geoff Ellsworth, Mayor Cindy Tzafopoulos, City Clerk
Agenda Item #7.4.
Report to the City Council
Regular City Council - 28 Jun 2022
Agenda Section: CONSENT ITEMS
Subject: Adoption of Resolution Making Findings and Determinations under AB 361 for the Continuation of Virtual Meetings
CEQA
Determination:
Not a CEQA project
Prepared By: Ethan Walsh, City Attorney
Reviewed By: April Mitts, Assistant City Manager
Approved By: James C. McCann, Interim City Manager
BACKGROUND
On March 17, 2020, in the face of the COVID-19 pandemic, Governor Gavin Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow for local legislative bodies to conduct their meetings completely telephonically or by other electronic means.
The provisions in the Brown Act that were suspended by the Governor’s Executive Order are contained at Government Code Section 54953(b)(3) and require that when teleconferencing is used, outside of a statewide emergency, that the following occur:
• An agenda is required to be posted at all locations, including any teleconference locations
• Each teleconference location must be identified on the actual agenda • Each teleconference location shall be accessible to the public • A quorum of the legislative body must be in the jurisdiction With the Governor’s Executive Order, the four above requirements were suspended. This allowed City Council and all other meetings of legislative bodies of the City to be conducted by Zoom with councilmembers, commission members, committee members, and staff all joining from remote locations.
Agenda Item #7.5.
The suspension of certain Brown Act provisions was further extended by the Governor on June 11, 2021 through the issuance of Executive Order N-08-21, which continued to allow for complete virtual meetings until September 30, 2021.
With the Governor’s Executive Order expiring at the end of September 2021, the State Legislature adopted Assembly Bill 361. On September 16, 2021, the Governor signed AB 361, which allowed legislative bodies to meet virtually provided there was a state of emergency declared by the Governor, and either (1) state or local officials have imposed or recommended measures to promote social distancing; or (2) the legislative body determines by majority vote that meeting in person would present imminent risks to the health and safety of attendees, subject to certain ongoing findings by the legislative body.
AB 361 also preserves many of the provisions of the earlier executive orders, including the suspension of the four teleconferencing requirements noted above, while also adding new requirements to the management of remote and teleconference public meetings in order to better achieve the levels of transparency that the Brown Act demands.
Specifically, AB 361 imposes two new rules on remote public meetings:
1. Local governments and agencies hosting teleconference meetings in lieu of traditional in-person public meetings must permit direct public comment during the teleconference, and must leave open the opportunity for public comment until the comment period for a given item is closed during the ordinary course of the meeting. The opportunity to make public comment must be of a sufficient duration so as to allow actual public participation. The City already complies with this requirement, so it presents no change to our current practice.
2. Any action by the governing body during a public teleconference meeting must occur while the agency is actively and successfully broadcasting to members of the public through a call-in option or an internet-based service option. If a technical disruption within the agency’s control prevents members of the public from either viewing the meeting of the public agency, or prevents members of the public from offering public comment, the agency must cease all action on the meeting agenda until the disruption ends and the broadcast is restored. Action taken during an agency-caused disruption may be challenged as a violation of the Brown Act.
The City Council held its first virtual meeting based on the conditions set forth in AB 361 on October 12, 2021. In order to continue to qualify for AB 361’s waiver of in-person meeting requirements, the City Council must, within every 30 days of its first meeting under AB 361, make findings that (a) state or local officials recommend measures to promote social distancing, or that (b) an in-person meeting would constitute an imminent risk to the safety of attendees. State officials at Cal-OSHA have, through the adoption of certain regulations, recommended measures to promote social distancing throughout the State. Additionally, Napa County Public Health Officer Dr. Karen Relucio has, through a memo dated September 27, 2021, recommended the continuance of virtual meetings at the present time as a means of promoting social distancing in order to minimize the spread and transmission of COVID-19 in Napa County.
Agenda Item #7.5.
It is important to note that AB 361 does not require the City to continue with virtual meetings, but simply gives the Council that option. If at any time the City Council desires to return to in-person meetings, the Council can agendize that topic for discussion and direct staff to initiate the transition back to in-person or hybrid meetings; however, at this time City staff is recommending adoption of the resolution to allow City Council and all other Commission, Committee, and other Brown Act meetings to continue to be held remotely in order to ensure social distancing consistent with the recommendations of State and local officials.
At the September 28, 2021 regular City Council meeting, the City Council had a discussion item and considered whether to meet in person or continue virtual meetings.
It was the consensus of the City Council to continue with the Zoom meeting platform until staff is relocated to Napa Valley College.
The City Council determined at the May 10, 2022 City Council meeting to return to inperson meetings starting with the June 7, 2022 Planning Commission meeting.
The City Council determined at the May 24, 2022 City Council meeting to postpone inperson meetings until the second meeting in July.
DISCUSSION
The City Council held its first virtual meeting based on the conditions set forth in AB 361 on October 12, 2021. The City Council reconsidered and adopted findings by resolution to continue meeting virtually on November 23, 2021, December 14, 2021, January 11, 2022, February 8, 2022 and March 8, 2022, March 22, 2022, April 26, 2022, May 24, 2022 and June 14, 2022. This is being reconsidered on June 28, 2022.
The enclosed resolution makes the necessary findings for the City Council and all subordinate legislative bodies of the City that are subject to the Brown Act to continue with virtual meetings for the time being. City staff will return to the City Council with a resolution every 30 days to allow for the continuance of virtual meetings for so long as Council and staff believes that virtual meetings are necessary.
FISCAL IMPACT
There is no fiscal impact.
RECOMMENDED ACTION
Approve the Attached Resolution Making Findings and Determinations Under AB 361.
ATTACHMENTS
Attachment 1 - Resolution AB361
Agenda Item #7.5.
CITY OF ST. HELENA
RESOLUTION NO. 2022-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ST. HELENA MAKING FINDINGS AND
DETERMINATIONS UNDER AB 361 FOR THE
CONTINUATION OF VIRTUAL MEETINGS
WHEREAS, the Ralph M. Brown Act (Gov. Code § 54950 et seq.) generally requires local agencies meeting via teleconference, including through other virtual or electronic means to, among other things, provide public access at each location in which members of the legislative body are teleconferencing; and WHEREAS, the Legislature recently enacted Assembly Bill 361 (AB 361), which amended Government Code section 54953 to allow local agencies to meet fully virtually, without fully adhering to the rules otherwise applicable to teleconferencing, during a proclaimed state of emergency if state or local officials have imposed or recommended measures to promote social distancing; and
WHEREAS, the Governor issued a proclamation declaring a state of emergency on March 4, 2020 due to the COVID-19 pandemic, pursuant to section 8625 of the California Emergency Services Act, and this proclaimed state of emergency currently remains in effect; and
WHEREAS, state or local officials continue to recommend measures to promote social distancing to prevent the spread of COVID-19, and in particular, Cal-OSHA regulation 3205 recommends physical distancing in the workplace generally and regulates a “close contact,” defined as being within 6 feet of another under certain circumstances, and Napa County Health Officer Dr. Karen Relucio has recommended that local public agencies refrain from holding in person public meetings, as a means of promoting social distancing; and
WHEREAS, the continuation of virtual meetings will allow for full participation by members of the public and compliance with the recommendations of state and local officials with regard to social distancing; and
WHEREAS, the City Council of the City of St. Helena desires that all City legislative bodies continue to hold virtual meetings pursuant to AB 361 and Government Code section 54953(e).
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. HELENA AS FOLLOWS:
Agenda Item #7.5.
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The City Council has reconsidered the circumstances of the state of emergency.
SECTION 3. As stated in the recitals, state or local officials continue to recommend measures to promote social distancing.
SECTION 4. The City Council and all other legislative bodies of the City of St.
Helena who are required to hold public meetings shall continue to meet virtually in accordance with Government Code section 54953(e) and without compliance with section 54953(b)(3), based upon the findings and determinations hereby made by the City Council.
Approved at a Regular Meeting of the St. Helena City Council on June 28, 2022, by the following vote:
Mayor Geoff Ellsworth:
Vice Mayor Paul Dohring:
Council Member Anna Chouteau:
Council Member Lester Hardy:
Council Member Eric Hall:
APPROVED: ATTEST:
______________________ ________________________
Geoff Ellsworth, Mayor Cindy Tzafopoulos, City Clerk
Agenda Item #7.5.
Report to the City Council
Regular City Council - 28 Jun 2022
Agenda Section: CONSENT ITEMS
Subject: Consideration and Proposed Approval of a Resolution (1) Approving Amendment #3 to the Memorandum of
Understanding Between the City of St. Helena and the Police Officers' Association (POA) for a Three-year Contract
Commencing on July 1, 2022 and Expiring on June 30, 2025 and (2) Adopting and Approving Publicly Available Pay
Schedule in Accordance with the Requirement of California Code of Regulations, Title 2, Section 570.5, for the Police Officers' Association Member Classifications.
CEQA
Determination:
Not a CEQA project
Prepared By: April Mitts, Assistant City Manager
Reviewed By: James C. McCann, Interim City Manager
Approved By: James C. McCann, Interim City Manager
BACKGROUND
The St. Helena Police Officers Association (POA) Memorandum of Understanding (MOU) contract expires on June 30, 2022. The parties began meeting in April 2022 and on June 15, 2022 reached a tentative agreement which was unanimously ratified by the POA on June 20, 2022.
DISCUSSION
Staff is pleased to present a ratified MOU between the City of St. Helena and the St.
Helena Police Officers Association (POA) for City Council approval.
Ratification of this MOU directly supports City Council Goal 3 - Enhance Organizational Performance, Communications, and Commit to Full Public Participation and Regional Collaboration.
Agenda Item #7.6.
The POA bargaining unit is comprised of the following classifications: Police Officer, Police Corporal, Police Sergeant, Dispatcher, Community Services Officer, and Police Officer Trainee which represent 15 budgeted positions.
The attached agreement reflects the agree-upon changes with the following key components:
• Term - The contract is for a three-year term, effective July 1, 2022 through June 30, 2025
• Annual Cost of Living Adjustments (COLA) - COLA's will be made on July 1st of each year of the agreement as follows:
o 7/1/22 - 5%
o 7/1/23 & 7/1/24 - San Francisco/Oakland Hayward CPI-U (April/April) with a minimum increase of 3% and a maximum increase of 5%
• Equity Adjustments - The City will provide equity adjustments for POA represented positions until each classification is within 5% of salary market median (95%) based on updated information provided by Ralph Anderson & Associates who conducted the Compensation Survey in 2019. Annual CPI increases for both the City of St. Helena and market jurisdictions (refreshed annually) are to be considered for purposes of this calculation. Equity adjustments will take place every six months until each classification is within the range and will be as follows:
o 7/1/22 - 2.5% equity adjustment
o 1/1/23 - 2% equity adjustment
o 7/1/23 - 2% equity adjustment
o 1/1/24 - 2% equity adjustment
o 7/1/24 - 2% equity adjustment
o 1/1/25 - 2% equity adjustment
• Shift Differential - Effective the first full pay period of July 2023, employees working the graveyard shift (6:00 p.m. to 6:00 a.m.) will receive an increase to base salary of 2%.
• Court Time Pay - Employees who have been subpoenaed to appear, and are cancelled from such appearance with less than 48-hours notice, shall receive 2 hours pay at their overtime rate.
• POST Certificates - Effective the first full pay period in July 2024, certificate pay in the following amounts will be paid to Police Officers, Police Sergeants, Dispatchers, and the Records Supervisor:
o Intermediate POST - $150.00 per month
o Advanced POST - $275.00 per month
o Records Supervisor Certificate - $150.00 per month
• Special Assignment Article 11.1 - Compensation received for the assignment by the Chief of Police as a Motorcycle Officer, Range Master, or Reserve Coordinator will be $200.00 per month.
• Special Assignment Article 11.5
o Added School Resource Officer and K-9 Handler to qualifying assignments Agenda Item #7.6.
o Officers while assigned to the Investigator Position, School Resource Officer, or K-9 handler will receive an additional compensation of 3% of base salary when acting in the role.
• Uniform Allowance - Uniform allowance has been increased as follows:
o $1,250.00 annually for sworn officers
o $1,000.00 annually for non-sworn officers
The agreed upon updates to the POA MOU are provided as Attachment 1 (redlined version) and Attachment 2 (clean version). Please note the following changes provided in Attachment 1 where approved by POA and ratified by City Council in July 2020 via Amendment #2 and are being incorporated into the comprehensive MOU at this time:
1. Article 11 - Section 11.10
2. Article 13 - Section 13.7.C
FISCAL IMPACT
The estimated costs of agreement are as follows:
• FY 2022-23 - $163,500
• FY 2023-24 - $169,000
• FY 2024-25 - $182,000
Actual costs in FY 2023-24 and FY 2024-25 indicate the estimated increase over the previous fiscal year and are dependent on market median salary surveys as well as the annual CPI-U for the San Francisco/Oakland/Hayward area.
Costs for FY 2022-23 are included in the proposed budget document.
RECOMMENDED ACTION
Staff recommends approval of the attached resolution.
ATTACHMENTS
Attachment 1 - Police Officer's Assc MOU 7.01.22-06.30.25 Amendment #3 TA Track Changes 062422 FINAL
Attachment 2 - Police Officer's Assc MOU 7.01.22-06.30.25 Amendment #3 062422 FINAL
Attachment 3 - 2022-23 Publicly Available Compensation Schedule - POA Attachment 4 - Resolution POA MOU
Agenda Item #7.6.
MEMORANDUM OF UNDERSTANDING
BETWEEN
ST. HELENA POLICE OFFICERS' ASSOCIATION
AND
CITY OF ST. HELENA
FOR THE PERIOD
July 1, 2017 — June 30, 2020
July 1, 2022 – June 30, 2025
Adopted on June 13, 2017 - July 1, 2017 – June 30, 2022 First Amendment - Approved Adopted on February 11, 2020 Second Amendment - Adopted on July 14, 2020 – July 1, 2020 – June 30, 2022 Third Amendment - Adopted on June 28, 2022 – July 1, 2022 – June 30, 2025 Agenda Item #7.6.
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ARTICLE 1
PREAMBLE
This Memorandum of Understanding (MOU) is made and entered into between the City of St. Helena, hereinafter referred to as "City," and the St. Helena Police Officers' Association, hereinafter referred to as "Association," pursuant to California Government Code Section 3500 et seq. The purpose of this Memorandum of Understanding is the establishment of rates of compensation, hours of work and other terms and conditions of employment.
ARTICLE 2
RECOGNITION
2.1 The City of St. Helena recognizes the Association as the recognized and exclusive representative for the following classifications: Police Officer, Police Corporal, Police Sergeant, Dispatcher, Community Service Officer, and Police Officer Trainee.
2.2 This recognition is exclusive of (1) management employees, (2) temporary employees and (3) part-time employees.
2.3 (a) The term "Peace Officer" is defined as any member who is a full-time sworn personnel per 830.1 PC.
(b) The term "Dispatcher" is defined as any member who is a full-time dispatcher and/or % time Community Service Officer (CSO).
(c) The term “Police Officer Trainee” is defined as any member who is a full-time non-sworn police trainee.
ARTICLE 3
ASSOCIATION RIGHTS
The Association shall have the following rights and responsibilities:
3.1 Reasonable advance notice of any City ordinance, rule, resolution or regulation directly relating to matters within the scope of this MOU.
3.2 Reasonable use of one bulletin board at the Police Department.
3.3 The right to payroll deductions made for payment of Association dues and for Cityapproved programs.
Agenda Item #7.6.
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3.4 The right to represent its members before the City Council or the City Council's designee with regard to wages, hours and other matters within the scope of representation, subject to the provisions of applicable Federal, State or City laws and regulations.
3.5 The use of City facilities for regular, normal and lawful Association activities, providing that appropriate advance arrangements are made. The granting of such use may be conditioned on appropriate charges to offset the cost of such use.
3.6 Reasonable access to employee work locations for officers of the Association and their officially designated representatives for the purpose of processing grievances or contacting members of the organization concerning business within the scope of representation. Access shall be restricted so as not to interfere with the operations of the Police department or with established safety or security requirements.
ARTICLE 4
CITY RIGHTS
To insure that the City is able to carry out its constitutional and statutory functions and responsibilities, the City retains its rights, including but not limited to the right to direct the work force; to select and determine the number of employees and skills required; to determine job classifications; to hire, transfer, promote, suspend, discipline and discharge employees; to assign work to employees in accordance with requirements of the City; to establish and change work schedules and assignments; to lay off employees for lack of work in accord with past practice; to expand or diminish services; to subcontract any work or operations in accord with its past practice as necessary to maintain public safety; to determine and change methods of operations; to determine and change work locations and the processes and materials to be employed; to take all necessary actions to perform its functions in emergencies.
ARTICLE 5
GRIEVANCE PROCEDURE
5.1 Grievance Defined: A grievance is a formal allegation by a member of the Association who has been adversely affected by an alleged violation of the specific provisions of the MOU during its term, excluding all City ordinances, resolutions, rules and regulations, the subject of which are not specifically covered by the provisions of this MOU. This grievance procedure shall not apply to discipline. This grievance procedure shall be the exclusive means of resolving contract grievances of employees covered by this MOU.
Agenda Item #7.6.
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5.2 Procedure:
Step 1: Informal Discussion. Within ten (10) calendar days of the occurrence of an act in dispute, an employee shall discuss it with his or her immediate supervisor, who shall investigate and attempt to resolve the matter. The supervisor shall give the employee an oral reply within five (5) calendar days after the discussion. If the employee is not satisfied with the response, she or he may proceed to the next step.
Step 2: Department Head's Determination. Any dispute not resolved at Step 1 may be submitted to the Police Chief or his designee in writing within ten (10) calendar days after the supervisor's response citing the specific provision of this Agreement in dispute.
A copy shall be provided to the immediate supervisor. Within five (5) calendar days thereafter, a meeting shall be scheduled with the employee by the Police Chief or his designee who shall attempt to resolve the matter. The Police Chief or his designee shall give the employee a written reply within five (5) calendar days after such meeting. If the employee is not satisfied with the response, he or she may proceed to the next step.
Step 3: City Manager Review. Any dispute not resolved at Step 2 may be submitted in writing, with copies of Step 2 response, within five (5) calendar days after the Police Chiefs or his designee's response, to the City Manager. In the event that a dispute is referred to the City Manager, he or she shall schedule a meeting within five (5) calendar days with the employee to discuss the matter. After consideration of the facts, the City Manager shall give his or her written decision to the employee within five (5) calendar days after the meeting.
Step 4: City Council Review. If the employee is not satisfied with the decision, the employee may request a hearing before the City Council. Such request for hearing must be submitted within fifteen (15) days of receipt of the City Manager's decision and shall include in detail the facts giving rise to the general grievance and all supporting documentation necessary for City Council consideration. Management shall calendar on the City Council agenda such request and supporting documentation within thirty (30) days. The matter may be heard in open or closed session as permitted by law. The City Council shall have the following options:
1. Refuse to hear the appeal, or
2. Make a decision on the documentation submitted, or
3. Hold a hearing after which they shall make a decision. The decision of the City Council shall be final.
Agenda Item #7.6.
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ARTICLE 6
HOURS OF WORK
6.1 Work Week. The work week for full time personnel will be defined by the FLSA public safety definition. The City and the POA recognize this to mean employees will work 160 hours in a 28 day period. The current schedule is a 12-hour shift schedule. Other schedules may be implemented should this need occur. The City will explore with the POA alternative schedules to meet the operating needs of the department.
6.2 Shift Change Notification. The Department shall make every effort to maintain the employee's scheduled days off on a consistent basis during the posted four (4) month rotation period. Shift work employees shall be granted five (5) working days of advance notice of changes in scheduled shifts unless such change is due to illness or emergency.
6.3 Meal Times. Meal time for shift employees and non-shift employees is thirty (30) minutes.
6.4 Meal Time Call-Out for Shift Employees. Shift personnel receive meal time as paid time and shall be subject to call-out during the meal time.
6.5 Rest Periods. Rest periods will normally be provided to employees at the rate of fifteen (15) minutes for each four (4) hours worked. Rest periods are not to be construed as meal time.
6.6 Missed Rest Periods and Meal Times. For shift employees, since meal time and rest periods are paid time, nothing in this section provides for or implies any additional compensation or benefits if a rest period is not received.
6.7 Definition of Shift Employees. Shift employees are those assigned to positions, the duties of which are performed on a 24-hour a day, 7-day a week basis, and include Police Officer, Police Corporal Police Sergeant, Community Service Officer, Dispatcher/Clerk and Police Officer Trainee.
6.8 Graveyard Shift. Effective the first full pay period in July 2023, Sshift employees assigned to work the graveyard shift (6:00 p.m. to 6:00 a.m.) when that shift is not part of their regular assigned shift rotation, will receive shift differential pay in the amount of two (2) 1/2% percent of base pay for assignment to the "“graveyard"” shift. effective the first full pay period in July 2023. for more than three consecutive weeks. Such pay will commence on the first day following the third consecutive week and continue for such time as the assignment to the "“graveyard"” shift continues uninterrupted.
Agenda Item #7.6.
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6.9 The City shall maintain the "“two on-two off'’ system during shift rotations to the best of the City'’s ability and based on available staffing. This article shall be open to meet and confer.
ARTICLE 7
OVERTIME
7.1 Hours Paid. Employees will be paid regular pay for working their regular assigned hours. Employees will be paid overtime at the rate of time and one-half for all hours worked in excess of their regular scheduled hours on a given day or for hours worked in excess of FLSA standards for public safety employees. An example of this would include an employee that is regularly assigned to a 12-hour shift would be paid overtime should their work day exceed 12 hours. Employees assigned on a 3/4 time basis or employees assigned to an 8 hour day will be paid overtime should their work day exceed 8 hours.
7.2 Overtime
A. Regular Overtime Rate. Employees shall be paid overtime at the rate of time and one-half their regular rate of pay, including special pay which is part of their regular pay (e.g., longevity, special duty, educational compensation).
B. Minimum Units of Overtime. All overtime shall be recorded and paid on the basis of 15-minute increments, such that for each full 15 minute period worked, the employee shall be compensated for one-quarter hour of overtime. Overtime is recorded and paid on the basis of fifteen (15) minute increments (rounded up or down) to the nearest fifteen (15) minute increment. As an example, working seven (7) minutes beyond/before a shift would equal no paid overtime, while working eight (8) minutes beyond/before a shift would equal fifteen (15) minutes of overtime paid to that employee.
7.3 Hours Worked. Holidays, vacation, compensatory time off and sick leave shall constitute hours worked for the purposes of computing overtime.
7.4 Compensatory Time Off. Notwithstanding the provisions of this section, police employees may be granted compensatory time off for overtime credit, at the discretion of the Police Chief and with due regard to the wishes of the employee.
Compensatory time off may be accumulated up to a maximum of one hundred twenty (120) hours.
7.5 Scheduling Compensatory Time Off. Requests to use compensatory time off shall be granted with due regard for operational necessity, such as staffing levels. Employees requesting CTO will submit a request to the scheduling supervisor. If granting the CTO Agenda Item #7.6.
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request creates the need for coverage, a sign-up will be posted, if no employee signs up to work 72 hours prior to the requested leave, the CTO request will be denied.
7.6 Department Meetings. All department meetings called by the Chief attended by police employees on off-duty time shall be paid overtime at the rate of time and onehalf.
7.7 Call Back payPay. Employees who are called to duty at a time they are not scheduled to work shall be compensated at the rate of time and one-half (1 + 'A1/2) of the employee's regular rate of pay with a minimum compensation of two (2) hours. Call back overtime is unscheduled overtime as opposed to early start or extended day.
7.8 Court Time Pay. Employees who are subpoenaed to appear in court, at a time when they are not working, about events arising out of their employment, shall be compensated at the rate of time and one-half (1 + 'A1/2) of the employee's regular rate of pay. If such court appearance neither begins nor ends contiguous to the employee's scheduled shift, the employee will be compensated for a minimum of three (3) hours for each required appearance. Employees who have been subpoenaed to appear, and are cancelled from such appearance with less than fortyeight (48) hours notice, shall receive two (2) hours pay at their overtime rate.
7.9 Vacation Call Back. An employee called in to work during his or her regularly scheduled vacation period shall be compensated at a rate of one and one-half (1+1/2 ½ ) times her or his regular rate of pay for all time worked.
7.10 Double-back Pay. When an employee is required to work two scheduled shifts within any twenty-four hour period, the first two hours of the second shift period worked will be at the overtime rate, provided that this provision shall not apply in any situation when the scheduling was done for the convenience of the employee or as a result of a "shift swap."
7.11 Training Travel.
A. Employees assigned to training will have their normal work hours adjusted to reflect work hours of 8:00 a.m. to 5:00 p.m. with one hour off for lunch. The first and last day of class will reflect a ten hour work day (1/2 hour travel each direction and one hour for lunch are not compensated.) If the first or last day of training is less than ten hours the employee shall have the option of completing the work day at SHPD, or taking compensatory time off. Travel time is considered portal to portal.
B. If travel to a training site occurs during non-normal working hours, or on a scheduled day off, the employee shall be compensated at time and one half (1 + ½).
Agenda Item #7.6.
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C. Employees will not be compensated for travel to pick-up or drop off a city vehicle.
D. Subsistence reimbursement will be according to P.O.S.T. guidelines. No receipts are required. If a motel room is unavailable at the P.O.S.T. rate, the difference will be reimbursed based upon receipts, single occupancy, government rates. Lodging will not be reimbursed for the night prior to start of training, if training is within a 30 -mile radius of point of departure. (refer map, Appendix D)
ARTICLE 8
SALARY
8.1 Effective July 1, 2022, all bargaining unit members shall receive a Cost of Living (COLA) increase of five (5) percent.
Effective the first full period in July of each year of the successor agreement, all bargaining unit members shall receive an increase to base salary equal to the year over year (April/April) percentage increase in the San Francisco/Oakland/Hayward CPI-U with a floor of three (3) percent and a ceiling of five (5) percent.
Salaries paid to Police Officer Trainee, Dispatchers/CSOs, Police Officers, Police Corporals and Police Sergeants shall be in accordance with the most recent Salary Resolution adopted by the City Council and any amendments thereto. Such Resolutions are hereby incorporated as part of the MOU and are available from the City Clerk (See Appendix A — Salary Schedule). The Police Corporal is step C for Police Sergeant.
8.2 Equity Adjustment. The City will provide equity adjustments for POA represented positions until each classification is within five (5) percent of salary market median (95%) based on updated information from Ralph Anderson & Associates. Annual CPI increases (Article 8.1) for both the City of St. Helena and the market jurisdictions (refreshed annually) are to be considered for the purpose of this calculation. Ralph Anderson & Associates provided updated information to the City in May 2022 based off the cities/entities used in the previous study. Chart 1 provides a summary of the percent increase in salary to arrive at market median (95%) for each POA position as of May 2022.
Position Title % out of 95% Market Median
Community Services Officer No comparable
Agenda Item #7.6.
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Chart 1
Equity adjustments will take place every six (6) months until each classification is within the range and will be as follows:
• 7/1/22 – Equity Adjustment of two and one-half (2 ½) percent • 1/1/23 – Equity Adjustment of two (2) percent
• 7/1/23 – Equity Adjustment of two (2) percent
• 1/1/24 – Equity Adjustment of two (2) percent
• 7/1/24 – Equity Adjustment of two (2) percent
• 1/1/25 – Equity Adjustment of two (2) percent
Dispatch Supervisor -21.7%
Dispatcher -16.6%
Police Lieutenant/Commander -23%
Police Officer -25.4%
Sergeant -23.3%
Agenda Item #7.6.
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ARTICLE 9
INCENTIVE PAY
9.1 Additional monthly salary compensation shall be received by an employee attaining POST Certificates, as follows:
POST Intermediate Certificate $100.00
POST Advanced Certificate $200.00
POST Records Supervisor Certificate $100.00
Effective the first full per period in July 2024, additional monthly salary received by an employee attaining POST Certificates shall be as follows:
POST Intermediate Certificate $150.00
POST Advanced Certificate $275.00
POST Records Supervisor Certificate $150.00
9.2 Employees who are fluent in both English and Spanish, both verbal and written, will receive incentive pay in the amount of five (5) percent% of his or her base salary.
Fluency is determined through an interview and written examples that demonstrate this skill. Testing is scheduled in June and December. Incentive pay is awarded to begin the following month. This incentive pay is subject to supervisor review should a performance issue occur.
9.3 Employees determined to be able to communicate in Spanish at a level adequate for law enforcement purposes will receive incentive pay of additional $150.00 per month. Competency at this level is determined through a demonstration of this skill to a community panel as selected by the Chief of Police. Testing is scheduled in June and December. Incentive pay is awarded to begin the following month. This incentive pay is subject to supervisor review should a performance issue occur.
ARTICLE 10
LONGEVITY
Longevity pay shall be granted to any permanent employee on his or her fifth anniversary of continuous employment at the rate of two and one-half (2 1/2½) percent% of present salary.
At her/his tenth anniversary, the percentage increment shall be five (5) percent%; at the fifteenth -year anniversary, the percentage increment shall be seven and one-half (7 1/2½) percent%; at the twentieth year anniversary and thereafter, the increment shall be ten (10) percent%.
Agenda Item #7.6.
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ARTICLE 11
SPECIAL ASSIGNMENT
11.1 An officer, while assigned to the position of Motorcycle Officer, Range Master or Reserve Coordinator with at least six (6) regularly working reserve officers under supervision, shall receive additional compensation of $100200.00 per month. This shall be part of the regular pay.
11.2 Officers or Dispatchers assigned as a Field Training Officers or Communication Training Officer shall receive an additional seven (7) percent% of their daily salary, per day, while assigned to the trainee.
11.3 A Dispatcher designated as Records Coordinator shall receive additional compensation of five (5) percent (5%) of his or her regular salary.
11.4 Officers working special duty for film making or similar work, which work is paid for by a film production company or similar enterprise, shall be paid for a minimum of four hours at the regular overtime rate.
11.5 Officers, while assigned to the Investigator position, School Resource Officer, or K-9 Handler shall receive an additional compensation of 2 1/2three (3) percent of base salary when acting as an Investigator, School Resource Officer, or K-9 Handler.
11.6 Police service dog handler is paid for through the Citizens' Option for Public Safety (COPS). This program continues as long as funds from this program is available.
1. A Police service Dog handler ("Handler") who is regularly assigned the responsibility for the care, shelter and feeding of a police Dog shall be indemnified by the CITY for all such costs. Expenses related to the care, shelter and feeding of a police Dog include the following: medical costs, veterinarian costs, food, construction and maintenance of a shelter, and kennel costs during the Handler's vacation.
2. Handler shall be compensated in accordance with the POA Memorandum of Understanding for attendance at monthly training sessions related to their assigned police Dog.
3. All expenses provided for by the CITY under Section 1 shall be pre-approved by the Chief of Police or his designate before such reimbursement will be granted to the Handler, and the Handler shall furnish proof to the satisfaction of the CITY for such expenditure.
Agenda Item #7.6.
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4. Handlers shall be of the rank Police Officer. The assignment shall be voluntary.
Once accepted for the assignment, the Handler shall remain subject to all Police Department regulations, except as provided herein.
5. The police Dog is the property of the City of St. Helena. The Handler may voluntarily keep the police Dog at his/her place of residence, subject to recall by the CITY.
6. The Handler is responsible for the care and feeding of the police Dog. If at any time the Handler is unable to use the police Dog because of its poor health, which is due to the Handler's negligence, the Handler may be disciplined, removed from the canine program, and the police Dog removed from the Handler's custody. If at any time the police Dog is forced to be retired from police service because of its poor health, which is due to the Handlers negligence, seek damages from the Handler for the lost value of the remaining years, or fraction thereof, of expected service of the police Dog. The damages to which the CITY will be entitled to is the sum of $10,344.00. Multiplied by a fraction, the numerator of which is the remaining years or fraction thereof, of expected service of the police Dog and the denominator four (4) years; that is expected years of service of a police Dog.
7. Upon termination of employment with the CITY or participation in the canine program, the Handler may, subject to the CITY'S sole and exclusive discretion, purchase the police Dog from the CITY. The purchase price shall be the sum of $10,344.00, multiplied by a fraction, the numerator of which is the remaining years, or fraction thereof, of expected service of the police Dog and the denominator four (4) years; that is, the expected years of service of the police Dog. When the police Dog is retired from service due to age, health or injury, the Handler may, subject to the CITY'S sole and exclusive discretion, purchase the police Dog from the CITY for $1.00. Upon purchase of a police Dog by the Handler, the CITY thereby relinquishes all control over the care, feeding and maintenance of the police Dog and any responsibility to pay for such services, including the payment of compensation to the Handler under this Agreement, as well as any liability for the actions of the police Dog. Any and all such control, responsibility, and liability for the police Dog will be assumed by the Handler on the day of the purchase.
8. For purposes of this section, the date upon which the police Dog is first put into active duty with its Hander shall be the date from which the expected years of service of the police Dog shall commence.
Agenda Item #7.6.
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9. The handler is authorized to drive a marked police car, equipped with a canine cage, between home and work. In addition to other City or Department policies regarding use of vehicles, the following provisions apply:
a) Vehicle shall be used for official City business only. When commuting, the handler shall not deviate from a direct path between home and work or stop enroute for personal business.
b) Handler must have his valid driver license and department ID in his possession when operating the vehicle. (The Police Department uniform will be considered department ID.)
c) Only law enforcement personnel will operate the vehicle. d) When handler is on vacation or other leave, or is on a trip away from home, the City vehicle must be left at the Police Department. e) When commuting, the handler will not engage in law enforcement activity when outside the St. Helena City limits, unless requested to assist another agency. It is appropriate for the handler to use the police radio to advise another jurisdiction of observed criminal violations.
1) This subsection does not apply should the handler witness a felony or serious incident where a person's safety is at risk. As soon as practical, the handler shall notify the agency of jurisdiction.
10. CITY will compensate EMPLOYEE for feeding, grooming, and general care of the Dog. It is estimated that the time spent on non-police work care of the Dog averages approximately sixty (60) minutes per day. Further, it has been determined that said time is substantially similar to the care given to a household pet or other dog. The hours are compensated at the California prevailing minimum wage at the overtime rate of time and a half. As of January 1, 20142022, the minimum wage is $915.00 per hour which equals $13.5022.50 per hour at time and a half. At this rate, the EMPLOYEE will be paid $13.5022.50 per hour times 365 (days in the year) divided by the number of paychecks in the year (24), excluding the 3rd paycheck of the month which occurs twice annually. This rate calculates to $205.31342.19 per paycheck.
As the prevailing minimum wage is adjusted, the same calculations shown above will be used to determine the new pay per paycheck.
Agenda Item #7.6.
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As of January 1, 2016, the minimum wage will be $10.00 per hour. Using the same calculations, effective January 1, 2016, the new calculated rate will be $228.13 per paycheck.
ARTICLE 12
EDUCATIONAL REIMBURSEMENT
Each employee is eligible for reimbursement for up to a maximum of $300.00 during any fiscal year for tuition and fees for Spanish language classes at Napa Valley College (or approved equivalent institution) that will aid the employee in the performance of his or her duties.
Reimbursement will be paid upon obtaining a passing grade or a certificate of completion.
These classes are scheduled on the employees own time and are not considered on-duty hours.
The City of St. Helena encourages professional growth which is beneficial to both the City and the employee. The City will provide reimbursements for employees up to $1,500 per fiscal year for expenses incurred for education for which the employee earns college credits from an accredited college, which would promote professional development. The program is voluntary.
ARTICLE 13
SICK LEAVE
13.1 Accrual. Sick leave with pay shall accrue to employees in the classified service at the rate of one work day for every calendar month of service, with no limit to accumulated time.
13.2 Administration.: An employee who must absent himself/herself from work shall notify his/her immediate superior or department head at least two hours prior to the beginning of his/her shift, unless circumstances of the illness prevents such advance notice, but in no case later than the start of the his/her tour of duty and may be required to provide a physician's certificate for absence due to illnesses of more than three working days or at the request of the department head. Any employee may be required to submit to an examination by a licensed physician designated by the City and at the City's expense to determine the state of the employee's health.
13.3 Reasons for Granting. Sick leave shall be granted to eligible employees in the following cases:
A. Personal illness or incapacity resulting from causes beyond the employee's control;
B. Illness of a member of an employee's immediate family (defined as father, mother, sister, brother, spouse, or child) and of sufficient nature to require his or Agenda Item #7.6.
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her personal care and attention and only until other adequate arrangements can be made.
C. Preventive medical, dental and optical examinations where appointments are unavailable or impractical during non-working hours.
13.4 Sick Leave Abuse. When it is determined by investigation that sufficient evidence exists to demonstrate an employee has or is abusing the sick leave privilege, the Department Head, upon approval by the City Manager, may suspend that employee's use of the sick leave benefit for such period of time as is determined necessary to deter future abuse, which may be in addition to any other disciplinary action that may be appropriate.
13.5 All eligibility for sick leave with pay shall be canceled upon separation of the employee from the City service, provided that if such separation is by layoff, this accumulated eligibility shall be restored to him/her in whole by the City Manager upon reemployment.
13.6 Employees who are on authorized vacation or holiday leave and become ill, or are otherwise disabled through accident not a result of vicious habits or intemperance, may charge such sickness or disablement to credited sick leave, provided satisfactory evidence is presented to the City Manager indicating the total number of days to be so charged.
13.7 Sick Leave Accrual Incentive.:
A. Upon separation in good standing from employment with ten years of service to the City, the City will pay an employee for unused sick leave in the following amount: the total number of hours of sick leave accumulated, multiplied by the hourly rate of pay of the employee at the time of separation, divided by two.
B. Retiring employees have the option that the number of hours of accumulated sick leave times the hourly rate of the employee at the time of retirement may be applied towards health insurance premiums until such amount is depleted.
Insurance premiums paid under this provision may apply towards any health or dental insurance policy normally available to employees, subject to any limitations imposed by the insurance company. Such policies may include coverage of dependents of the employee.
B.C. Effective July 1, 2020, the City will not pay the employee upon separation in good standing from City employment for unused sick leave accrued on or after July 1, 2020. No new sick leave hours will be eligible for the conversation or payout benefits described in Section 13.7 of the MOU beginning July 1, 2020.
Agenda Item #7.6.
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Those employees who have accrued hours eligible for this benefit on or before June 30, 2020 will have such eligible hours placed in a separate bank and will be permitted to convert them in accordance with the provisions of Section 13.7.
ARTICLE 14
VACATION LEAVE
14.1 Eligibility. Employees shall be entitled to annual full or prorated vacation leave with pay except employees who have served less than six months in the service of the City.
14.2 Earning and Accrual Rates. Vacation shall be earned and accrued by regular employees at the following rates:
A. Full time Sworn Officers shall earn and accrue vacation at the rate of no less than fifteen days per year; non-sworn full time Police Officer Trainee, Dispatchers and Community Service Officers shall earn and accrue vacation at the rate of no less than ten days per year.
B. After six years of continuous employment, Sworn Officers, Dispatchers, and Community Service Officer will earn and accrue vacation at the rate of sixteen days per year, and the rate of earning and accrual shall increase after each additional full year of employment to a maximum accrual rate of twenty days per year.
14.3 Vacation may be taken the first day following the completion of six months service but not in units of less than two hours.
14.4 If operating necessities are such that an employee cannot take all of her or his accrued vacation within an accrual year, the balance may be carried forward to the next year, however, the maximum accumulation of vacation leave shall be 45 days. For purposes of this paragraph, accrual year shall commence on the entrance-on-duty anniversary date.
14.5 Employees separated from City service shall be paid a lump sum for all vacation accrued prior to separation.
14.6 Effective July 1, 2017, every permanent employee shall be allowed to cash out up to 40 hours of accrued vacation leave per calendar year provided the employee maintains a minimum of 80 hours in his/her vacation leave bank. Eligible employees may cash out vacation leave pursuant to this subsection once per year by submitting a request to the Human Resources Department no later than December 15.
Agenda Item #7.6.
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ARTICLE 15
SCHEDULING PAID LEAVE
Vacation and holiday time off shall be scheduled by seniority choice. A "time off request sheet" (includes holiday and vacation credit) shall be posted in December of each year to solicit "requests for time off." Said schedule, when approved by the Police Chief or his designee, shall be effective January 1 for the subsequent calendar year. Requests shall be granted based upon legitimate operating needs and not unreasonably denied. Changes to the schedule during the year shall be subject to the approval of the Police Chief or his designee. "Bumping" is not permitted without the consent of the affected employee.
ARTICLE 16
HOLIDAYS
16.1 In lieu of holiday time off, employees shall receive an additional payment in June and in Decemberadditional holiday compensation on a prorated basis on each paycheck, for a total of twenty-six (26) paychecks annually, for the hours of twelve (12) recognized city holidays. Member's compensation for holidays shall be computed in the same fashion as is the rate of pay for vacation.
16.2 Holiday accrual: Full time employees 3.693.833 hours per pay period.
Part time (3/4 time) employees 2.772.875 hours per pay
period.
One Floating Holiday - Unspecified Personal Convenience Holiday Three Additional Floating Holidays - Employees continuously employed by the City for at least five years shall be granted three additional Unspecified Personal Convenience Holidays. Personal Convenience Holidays must be used prior to the end of the calendar year and will not accrue.
16.3 Non-shift employees shall normally take a holiday off on the day it falls, except that when a holiday falls on a Saturday the preceding Friday shall be observed. When a holiday falls on a Sunday, the following Monday shall be observed.
ARTICLE 17
BEREAVEMENT LEAVE
Employees shall be allowed a leave of absence on full pay, for up to seven calendar days when the absence is due to a death in the immediate family. Those in the immediate family are:
mother, father, grandmother, grandfather or grandchild of the employee or of the spouse of the Agenda Item #7.6.
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employee, and the spouse, son, son-in-law, daughter, daughter-in-law, brother or sister of the employee, or any relative living in the immediate household of the employee.
ARTICLE 18
MATERNITY LEAVE
The City Manager may grant a leave of absence without pay to any probationary or permanent employee who becomes disabled as a result of pregnancy, which disability prevents her from performing the duties of her position. Such leave shall not exceed four months whether or not it is combined with sick leave, vacation, compensatory time off and/or leave without pay. Such request shall be accompanied by a recommendation and explanation from the Department Head as to how an adequate level of service can be maintained during the employee's absence. Employee benefits will continue to be paid by the City during approved short-term leave.
ARTICLE 19
JURY LEAVE
19.1 Employees called as trial jurors shall be entitled to absent themselves from duties with the City during the period of such service or while necessarily being present in court as a result of such call. Under such circumstances, the employee shall be paid the difference between the employee's full salary and any payment received for jury service, except travel pay.
19.2 Employees assigned to swing and graveyard shifts may be temporarily assigned to day shift. If such employee is released from jury duty after serving less than their shift hours, inclusive of meal and driving time, such employee may be required to report to the Police Department to serve the remainder of their shift. Employees may also use vacation or CTO to complete the remainder of the shift. Such shift assignment may be made by the Chief of Police in due consideration of operational need and circumstances.
ARTICLE 20
ADMINISTRATIVE LEAVE
An employee who is determined to be disabled and unable to perform his or her normal duties may, at the discretion of the City Manager, be assigned to be on Administrative Leave. During such Administrative Leave, the employee may be assigned to have "normal" work hours of 9:00 a.m. to 5:00 p.m. and days off of Saturday and Sunday. If any fixed holidays occur during the time of disability, the employee will be assumed to be "off on holiday" and will not receive Agenda Item #7.6.
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additional pay for the holiday. During the period of assignment to Administrative Leave, the employee may be required to testify in court or perform other functions the employee is capable of performing.
ARTICLE 21
HEALTH AND WELFARE INSURANCE AND BENEFITS
21.1 Health Insurance:
A. The City will pay for health insurance coverage for the employee and all dependents. Employees hired prior to July 1, 1990 who have no dependents will receive a salary supplement of $65 per month in lieu of the dependent coverage.
It is the City's intent that during the term of this MOU, medical benefits shall remain at the current level.
B. Effective July 1, 2005, deductible rates for employees were changed to lower the increases in health costs.
C. In the event City's health insurance premiums increase more than five percent (5%) on July 1 of any given year, the city can amend the health plan to the next higher deductible tier to offset costs. In the event the health insurance premiums increase more than fifteen percent (15%) after deductibles have been amended, the members agree to split the cost increase 75%/25%, with the employee paying 25%.
D. In order to bring employees in this bargaining unit to parity with other City employees in terms of the applicable deductibles in health plans offered, effective July 1, 2017, the City will change the Anthem health insurance plan provided to employees from the $500 deductible plan to the $250 deductible plan. The City may make future changes in deductibles to this and other plans as specified in Section 21.1(C).
21.2 Dental Insurance: The City will pay for each employee the full premium for Dental Insurance Benefits covering the employee and all dependent family members.
21.3 Life Insurance: The City will pay for each employee the full premium for term life insurance in the amount of $25,000. The employee will have the option to purchase additional insurance up to an additional $20,000.
21.4 Disability Insurance: The City will pay for each employee the full premium for a disability insurance plan covering the employee.
Agenda Item #7.6.
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21.5 Effective July 1, 2017 subject to REMIF approval, the City will obtain and pay the full premium for a REMIF vision plan for all full-time employees and their dependent family members.
21.6 Physical Fitness: During shifts when staffing is available and at the discretion of the Chief of Police or on-duty supervisor, officers, Supervisors and Non-sworn Staff shall be allowed to spend up to one hour during each shift exercising. Changing clothes, showering and otherwise preparing to resume regular duties shall be accomplished during the one hour and is only during lunch breaks
ARTICLE 22
UNIFORM ALLOWANCE
22.1 Employees shall receive an annual uniform allowance as follows:
Sworn Personnel $750.001,250.00
Police Officer Trainee, Dispatch and CSO Personnel$750.001,000.00
22.2 The Uniform Allowance will be paid out proportionately with each of the twenty-six (26) paychecks.twice a year: in December and June, in equal amounts. Employees may request an amended tax withholding form for uniform and holiday payouts.
22.3 Officers assigned to motorcycle duties shall be issued:
1) 1 pair of Police motorcycle boots
2) 2 pairs of Police motorcycle pants
3) 1 Police motorcycle leather jacket
4) 2 sets of riding gloves (1 cold weather and 1 warm set) 5) Protective eyeglasses (not to exceed $150.00)
22.4 Officers assigned by the Chief of Police to bicycle patrol shall be issued appropriate safety equipment to include:
1) Gloves
2) Helmet
3) Padded shorts
Agenda Item #7.6.
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4) Padded Pants
5) Protective Eyeglasses
6) Pedal retention devices
7) Inclement weather clothing.
Officers assigned to bicycle patrol must agree to a regular assignment of bicycle duty prior to appointment to this position.
ARTICLE 23
LEAVE OF ABSENCE WITHOUT PAY
The City Manager may grant a permanent or probationary employee leave of absence without pay or seniority for a period not to exceed three months. No such leave shall be granted except upon written request, and the approval will be in writing. Upon expiration of a regularly approved leave or within a reasonable period of time after notice to return to duty, the employee shall be reinstated in the position held at the time leave was granted.
Failure on the part of an employee on leave to report promptly at its expiration, or within a reasonable time after notice to return to duty, shall be cause for discharge. Department heads may grant a permanent or probationary employee leave of absence without pay for time not to exceed one calendar week. Such leaves shall be reported to the Personnel Officer.
ARTICLE 24
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
24.1 Sworn Personnel
24.1.1 The City shall enroll all eligible sworn employees in a retirement plan provided by the Public Employees' Retirement System that conforms to the State Required PEPRA laws. Employees hired into a PERS retirement system before January 1, 2013 will be considered "Classic" employees. Employees hired into a PERS retirement system, for the first time, or after a six -month separation, on January 1, 2013 or after will be considered "New" employees.
24.1.2 "Classic" employees' retirement benefits will be computed at three percent of salary for each year of service, for retirement at age fifty, supplemental to Social Security, and based on the single highest year's salary.
Agenda Item #7.6.
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a. Member Contributions – Employees covered by section 24.1.2 shall continue to pay, through payroll deduction, the full 9.0% member contribution rate.
24.1.3 "New" employees' retirement benefits will be computed at 2.7 percent of salary for each year of service, for retirement at age fifty-seven, supplemental to Social Security, and based on a three -year average (of the three highest years of salary).
a. Member Contributions – As required by Government Code Section 7522.30, effective January 1, 2013, employees covered by section 24.1.3 shall continue to pay, through payroll deduction, fifty percent (50%) of normal costs.
24.1.4 Effective 7/1/2014, sworn members of the bargaining unit shall pay (pre-tax) 3% of the EE 9% Retirement contribution. The City will pay, for each employee, the remaining portion of EE, up to 6%. The City will also pay the appropriate City's contribution.
24.1.5 Effective 7/1/2015, sworn members of the bargaining unit shall pay (pre-tax) an additional 3% of the EE 9% Retirement contribution. The City will pay, for each employee, the remaining portion of EE, up to 3%. The City will also pay the appropriate City's contribution.
24.1.6 Effective 7/1/2016, sworn members of the bargaining unit shall pay (pre-tax) an additional 3% of the EE 9% Retirement contribution. The City will pay the appropriate City's contribution.
24.2 Non-Sworn Personnel
24.2.1 The City will enroll non-sworn employees in a retirement plan provided by the Public Employees' Retirement System with the same benefits provided to miscellaneous employees of the City.
24.2.2 "Classic" Tier One employees' retirement benefits will be computed at two percent of salary for each year of service, for retirement at age fifty-five, supplemental to Social Security, and based on the highest twelve (12) consecutive month period as specified by Government Code Section 20042. a. Member Contributions – Employees covered by section 24.2.2 shall continue to pay, through payroll deduction, the full 7.0% member contribution rate.
Agenda Item #7.6.
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24.2.3 "Classic" Tier Two employees' retirement benefits will be computed at two percent of salary for each year of service, for retirement at age sixty, supplemental to Social Security, and based on the highest annual average pensionable compensation earned during thirty-six (36) consecutive months of service.
a. Section 24.2.3 shall apply to employees hired on or after July 1, 2012, and before January 1, 2013. In addition, Section 24.2.3 shall apply to employees hired on or after January 1, 2013, who are qualified for pension reciprocity as stated in Government Code Section 7522.02 (c) and related CalPERS reciprocity (Classic Member) requirements.
b. Member Contributions – Employees covered by section 24.2.3 shall continue to pay, through payroll deduction, the full 7.0% member contribution rate.
24.2.4 "New" employees' retirement benefits will be computed at two percent of salary for each year of service, for retirement at age sixty-two, supplemental to Social Security, and based on the highest annual average pensionable compensation earned during thirty-six (36) consecutive months of service as required by Government Code Section 7522.32.
a. Member Contributions – As required by Government Code Section 7522.30, effective January 1, 2013, employees covered by section 24.2.4 shall continue to pay, through payroll deduction, fifty percent (50%) of normal costs.
24.2.2 Effective 7/1/2014, non-sworn members of the bargaining unit shall pay (pretax) 2% of the EE 7% Retirement contribution. The City will pay, for each employee, the remaining portion of EE, up to 5%. The City will also pay the appropriate City's contribution.
24.2 Effective 7/1/2015, non-sworn members of the bargaining unit shall pay (pretax) an additional 2% of the EE 7% Retirement contribution. The City will pay, for each employee, the remaining portion of EE, up to 3%. The City will also pay the appropriate City's contribution.
24.3 Effective 7/1/2016, non-sworn members, of the bargaining unit shall pay (pretax) an additional 3%, of the total EE 7% Retirement contribution. The City will pay the appropriate City's contribution.
Agenda Item #7.6.
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ARTICLE 25
SHIFT SWAPS
The practice of shift swaps and absence without relief will be permitted, subject in each instance to the approval of the Police Chief or his designated representative. Shift swaps shall be rank for rank, exceptions permitted only by the Police Chief, and absence without relief shall be without pay.
ARTICLE 26
DISCIPLINARY ACTION
26.1 Disciplinary Authority
A. The Chief of Police shall have the right, for reasonable cause, to reprimand or suspend without pay for up to and including three (3) calendar days any regular employee.
B. The City Manager shall have the right, for reasonable cause and for any regular employee to:
1. demote,
2. dismiss,
3. reduce in pay, or
4. suspend without pay for up to thirty (30) calendar days.
26.2 Discipline Procedure
C. An authorized departmental manager or supervisor proposing that action be taken shall provide the employee with written notice of the proposed action. The written notice shall contain the date it is intended to be effective, the charge(s) and facts on which the proposed action is based and notification that the employee is entitled to respond to the charges in writing to the Chief of Police or his designee within seven (7) calendar days of receipt of notification. Failure of the employee to make a written response or request will constitute waiver of the right to respond. Further, the employee shall be provided with the relevant written materials, written reports and documents considered by the responsible authority in reaching his/her decision to propose the action.
D. The City Manager will hear employee's responses on all contemplated disciplinary actions which propose a penalty more severe than a three day Agenda Item #7.6.
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suspension without pay. The Chief of Police will hear those responses where less severe discipline is proposed.
E. If the employee elects to respond in person, a meeting shall be scheduled with the City Manager or Chief of Police, whichever is applicable, at which time the employee shall be given the opportunity to respond to the proposed action.
The employee shall be entitled to be represented by counsel or other person of his/her choosing at the meeting.
F. If after the above procedure discipline is implemented, a written notice of discipline shall be served upon the employee. Said notice shall inform the employee of his/her appeal rights, if any.
G. The City shall have the right to put any employee on immediate paid administrative leave pending investigation and processing of any potential disciplinary action.
H. The provisions of the Article shall not apply to reductions in pay which are part of a general plan to reduce salaries and wages or to eliminate positions.
26.3 Appeal
I. Right of Appeal: When formal disciplinary action has been taken by the City Manager or Chief of Police and the employee has received written notification of the action, the employee shall have the right to appeal as provided below.
Failure to appeal by the employee or his/her representative will make the disciplinary action final and conclusive.
J. Appeal Procedure: A regular employee who has been demoted, dismissed, reduced in pay or significantly suspended without pay (excess of one day), may appeal to the City Council within fourteen (14) calendar days after having been furnished a copy of the notice of discipline by filing a written answer to charges and requesting a hearing with an impartial arbitrator thereon. Upon receipt by the City Council of the request for a hearing with an arbitrator, the City Council will initiate the hearing procedure.
K. Hearing Procedure:
1. Appointment of Arbitrator
a) The parties to the selection of the arbitrator shall be the City and the employee, who may be represented by the Association, by independent counsel or by him or herself.
Agenda Item #7.6.
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b) An arbitrator shall be selected jointly by the parties within fourteen calendar days of receipt by the City Manager of the request for such arbitration from the employee.
c) In the event the parties are unable to agree on an arbitrator within the fourteen day period, the City shall solicit from the State of California Mediation / Conciliation Service a list of seven arbitrators. After receipt of the list, the parties shall, with the City striking first, alternately strike arbitrator's names from the list until one arbitrator remains.
d) If the arbitrator selected declines appointment or is otherwise unavailable, a new list shall be requested as described above and the process repeated, unless the parties can otherwise mutually agree on an arbitrator.
e) The cost of the impartial arbitrator will be shared, with one-half being paid by the City and one-half being paid by the
Association or the individual employee.
2. The arbitration hearing shall be held at the earliest administratively convenient date, taking into consideration the availability of the arbitrator and the availability of counsel and witnesses. The arbitration hearing shall be a private hearing.
3. The hearing shall be conducted in the manner most conducive to determination of the truth, and the arbitrator shall not be bound by technical rules of evidence.
4. The arbitrator shall determine the relevancy, weight and credibility of testimony and evidence. The arbitrator shall base his/her finding on the preponderance of evidence.
5. Each side will be permitted an opening statement and closing argument. The City shall first present their witnesses and evidence to sustain the charges, and the employee will then present his/her witnesses and evidence in defense.
6. A court reporter will be retained by the City to take a transcript of the hearing. No audio or video tape recording will be permitted. The employee or his/her representative may obtain a copy of the transcript of the hearing upon request and agreement to pay the necessary costs.
Agenda Item #7.6.
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7. Each side will be allowed to examine and cross-examine witnesses. The employee filing the appeal may be called and examined as if under crossexamination.
8. Both the City and the employee may be represented by legal counsel.
9. The arbitrator shall, if requested by either party, subpoena witnesses and/or require production of other relevant records or material evidence. The arbitrator may consider the records of any relevant prior disciplinary actions against the employee which are final.
10. The arbitrator may, prior to or during a hearing, grant a continuance for any reason he/she believes to be important to him/her reaching a fair and proper decision.
11. The arbitrator shall prepare a recommended decision and forward it to the City Council after the matter of appeal was taken under submission by the arbitrator. The recommended decision shall set forth which charges the arbitrator sustains or does not sustain and the reasons therefore.
12. After receiving the recommendation of the arbitrator, the City Council may sustain or reject any or all of the charges filed against the employee. The City Council may sustain, reject or modify disciplinary action invoked against the employee.
ARTICLE 27
LAYOFF PROCEDURE
27.1 In the event of a layoff, those employees in the classification affected with the least City-wide seniority shall be laid off first. Seniority shall be defined as continuous City service based upon hire date. The order of layoff shall be:
a) Part-time and temporary employees in the affected classification shall be separated first.
b) Probationary employees in the affected classification shall be separated next. c) Permanent employees with the least City seniority will be laid off first. Other affected employees will be laid off in sequential order thereafter.
27.2 An employee scheduled to be laid off is entitled to displace, or "bump," into a position in a classification within the same occupational series which is currently being held by an incumbent with less overall City seniority, provided it is a position in Agenda Item #7.6.
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which the employee formerly held permanent status. The employee must exercise his or her displacement rights in writing within five (5) working days from receipt of layoff notification.
27.3 When the employee with the least City seniority is displaced by the person scheduled for layoff, the displaced employee shall be considered as laid off for the same reason as the person who displaced him or her and shall in the same manner be eligible to displace to a position in the same manner as described above.
27.4 Should there be a vacancy in the classification from which an employee was laid off within twelve (12) months, the employee shall be eligible for reinstatement.
Reinstatement shall be in the reverse order of layoff.
ARTICLE 28
SEPARABILITY
Notwithstanding any provisions of this Agreement to the contrary, in the event that any article, or subsections thereof, of this Agreement shall be declared invalid by any court of competent jurisdiction or by any applicable State or Federal law or regulation, or shall a decision by any court of competent jurisdiction or any applicable State or Federal law or regulation diminish the benefits provided by this Agreement or impose additional obligations on the City, the parties shall meet and confer or negotiate on the Articles or Subsections thereof affected. All other provisions of this agreement shall continue in full force and effect.
ARTICLE 29
TERM
The term of this agreement shall commence on its ratification by the City and the Association and expire on June 30, 20202025.
APPROVALS
This Memorandum Of Understanding has been ratified and adopted pursuant to the recommendation of the following representatives:
ST. HELENA POLICE OFFICERS’ ASSOCIATION
_______________________________
Todd HealdMelissa Brown, President
Agenda Item #7.6.
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CITY OF ST. HELENA
_______________________________
Mark PrestwichJames McCann, Interim
City Manager
Agenda Item #7.6.
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SALARY INCREASE TO BE NOTED IN NEW PAY SCALE
EFFECTIVE JULY 1, 2017
TERM Three years (July 1, 2017 through June 30, 2020)
SALARY INCREASE Sworn Personnel Police Officers
July 1, 2017, increase to base of 5%
July 1, 2018, increase to base of 5%
July 1, 2019, increase to base of 5%
Sworn Personnel Police Sergeants
July 1, 2017, increase to base of 5%
July 1, 2018, increase to base of 5%
July 1, 2019, increase to base of 10%
Non-Sworn Personnel Dispatchers
July 1, 2017, increase to base of 2.5%
July 1, 2018, increase to base of 2.5%
July 1, 2019, increase to base of 2.5%
Agenda Item #7.6.
MEMORANDUM OF UNDERSTANDING
BETWEEN
ST. HELENA POLICE OFFICERS' ASSOCIATION
AND
CITY OF ST. HELENA
FOR THE PERIOD
July 1, 2022 – June 30, 2025
Adopted on June 13, 2017 - July 1, 2017 – June 30, 2022 First Amendment - Adopted on February 11, 2020
Second Amendment - Adopted on July 14, 2020 – July 1, 2020 – June 30, 2022 Third Amendment - Adopted on June 28, 2022 – July 1, 2022 – June 30, 2025 Agenda Item #7.6.
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ARTICLE 1
PREAMBLE
This Memorandum of Understanding (MOU) is made and entered into between the City of St.
Helena, hereinafter referred to as "City," and the St. Helena Police Officers' Association, hereinafter referred to as "Association," pursuant to California Government Code Section 3500 et seq. The purpose of this Memorandum of Understanding is the establishment of rates of compensation, hours of work and other terms and conditions of employment.
ARTICLE 2
RECOGNITION
2.1 The City of St. Helena recognizes the Association as the recognized and exclusive representative for the following classifications: Police Officer, Police Corporal, Police Sergeant, Dispatcher, Community Service Officer, and Police Officer Trainee.
2.2 This recognition is exclusive of (1) management employees, (2) temporary employees and (3) part-time employees.
2.3 (a) The term "Peace Officer" is defined as any member who is a full-time sworn personnel per 830.1 PC.
(b) The term "Dispatcher" is defined as any member who is a full-time dispatcher and/or % time Community Service Officer (CSO).
(c) The term “Police Officer Trainee” is defined as any member who is a full-time nonsworn police trainee.
ARTICLE 3
ASSOCIATION RIGHTS
The Association shall have the following rights and responsibilities:
3.1 Reasonable advance notice of any City ordinance, rule, resolution or regulation directly relating to matters within the scope of this MOU.
3.2 Reasonable use of one bulletin board at the Police Department.
3.3 The right to payroll deductions made for payment of Association dues and for Cityapproved programs.
3.4 The right to represent its members before the City Council or the City Council's designee with regard to wages, hours and other matters within the scope of representation, subject to the provisions of applicable Federal, State or City laws and regulations.
Agenda Item #7.6.
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3.5 The use of City facilities for regular, normal and lawful Association activities, providing that appropriate advance arrangements are made. The granting of such use may be conditioned on appropriate charges to offset the cost of such use.
3.6 Reasonable access to employee work locations for officers of the Association and their officially designated representatives for the purpose of processing grievances or contacting members of the organization concerning business within the scope of representation. Access shall be restricted so as not to interfere with the operations of the Police department or with established safety or security requirements.
ARTICLE 4
CITY RIGHTS
To insure that the City is able to carry out its constitutional and statutory functions and responsibilities, the City retains its rights, including but not limited to the right to direct the work force; to select and determine the number of employees and skills required; to determine job classifications; to hire, transfer, promote, suspend, discipline and discharge employees; to assign work to employees in accordance with requirements of the City; to establish and change work schedules and assignments; to lay off employees for lack of work in accord with past practice; to expand or diminish services; to subcontract any work or operations in accord with its past practice as necessary to maintain public safety; to determine and change methods of operations; to determine and change work locations and the processes and materials to be employed; to take all necessary actions to perform its functions in emergencies.
ARTICLE 5
GRIEVANCE PROCEDURE
5.1 Grievance Defined: A grievance is a formal allegation by a member of the Association who has been adversely affected by an alleged violation of the specific provisions of the MOU during its term, excluding all City ordinances, resolutions, rules and regulations, the subject of which are not specifically covered by the provisions of this MOU. This grievance procedure shall not apply to discipline. This grievance procedure shall be the exclusive means of resolving contract grievances of employees covered by this MOU.
5.2 Procedure:
Step 1: Informal Discussion. Within ten (10) calendar days of the occurrence of an act in dispute, an employee shall discuss it with his or her immediate supervisor, who shall investigate and attempt to resolve the matter. The supervisor shall give the employee an oral reply within five (5) calendar days after the discussion. If the employee is not satisfied with the response, she or he may proceed to the next step.
Agenda Item #7.6.
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Step 2: Department Head's Determination. Any dispute not resolved at Step 1 may be submitted to the Police Chief or his designee in writing within ten (10) calendar days after the supervisor's response citing the specific provision of this Agreement in dispute. A copy shall be provided to the immediate supervisor. Within five (5) calendar days thereafter, a meeting shall be scheduled with the employee by the Police Chief or his designee who shall attempt to resolve the matter. The Police Chief or his designee shall give the employee a written reply within five (5) calendar days after such meeting. If the employee is not satisfied with the response, he or she may proceed to the next step.
Step 3: City Manager Review. Any dispute not resolved at Step 2 may be submitted in writing, with copies of Step 2 response, within five (5) calendar days after the Police Chiefs or his designee's response, to the City Manager. In the event that a dispute is referred to the City Manager, he or she shall schedule a meeting within five (5) calendar days with the employee to discuss the matter. After consideration of the facts, the City Manager shall give his or her written decision to the employee within five (5) calendar days after the meeting.
Step 4: City Council Review. If the employee is not satisfied with the decision, the employee may request a hearing before the City Council. Such request for hearing must be submitted within fifteen (15) days of receipt of the City Manager's decision and shall include in detail the facts giving rise to the general grievance and all supporting documentation necessary for City Council consideration. Management shall calendar on the City Council agenda such request and supporting documentation within thirty (30) days. The matter may be heard in open or closed session as permitted by law. The City Council shall have the following options:
1. Refuse to hear the appeal, or
2. Make a decision on the documentation submitted, or
3. Hold a hearing after which they shall make a decision. The decision of the City Council shall be final.
ARTICLE 6
HOURS OF WORK
6.1 Work Week. The work week for full time personnel will be defined by the FLSA public safety definition. The City and the POA recognize this to mean employees will work 160 hours in a 28 day period. The current schedule is a 12-hour shift schedule. Other schedules may be implemented should this need occur. The City will explore with the POA alternative schedules to meet the operating needs of the department.
6.2 Shift Change Notification. The Department shall make every effort to maintain the employee's scheduled days off on a consistent basis during the posted four (4) month rotation Agenda Item #7.6.
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period. Shift work employees shall be granted five (5) working days of advance notice of changes in scheduled shifts unless such change is due to illness or emergency.
6.3 Meal Times. Meal time for shift employees and non-shift employees is thirty (30) minutes.
6.4 Meal Time Call-Out for Shift Employees. Shift personnel receive meal time as paid time and shall be subject to call-out during the meal time.
6.5 Rest Periods. Rest periods will normally be provided to employees at the rate of fifteen (15) minutes for each four (4) hours worked. Rest periods are not to be construed as meal time.
6.6 Missed Rest Periods and Meal Times. For shift employees, since meal time and rest periods are paid time, nothing in this section provides for or implies any additional compensation or benefits if a rest period is not received.
6.7 Definition of Shift Employees. Shift employees are those assigned to positions, the duties of which are performed on a 24-hour a day, 7-day a week basis, and include Police Officer, Police Corporal Police Sergeant, Community Service Officer, Dispatcher/Clerk and Police Officer Trainee.
6.8 Graveyard Shift. Effective the first full pay period in July 2023, shift employees assigned to work the graveyard shift (6:00 p.m. to 6:00 a.m.) will receive shift differential pay in the amount of two (2) percent of base pay for assignment to the “graveyard” shift.. “”
6.9 The City shall maintain the “two on-two off’ system during shift rotations to the best of the City’s ability and based on available staffing. This article shall be open to meet and confer.
ARTICLE 7
OVERTIME
7.1 Hours Paid. Employees will be paid regular pay for working their regular assigned hours.
Employees will be paid overtime at the rate of time and one-half for all hours worked in excess oftheir regular scheduled hours on a given day or for hours worked in excess of FLSA standards for public safety employees. An example of this would include an employee that is regularly assigned to a 12-hour shift would be paid overtime should their work day exceed 12 hours.
Employees assigned on a 3/4 time basis or employees assigned to an 8 hour day will be paid overtime should their work day exceed 8 hours.
Agenda Item #7.6.
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7.2 Overtime
A. Regular Overtime Rate. Employees shall be paid overtime at the rate of time and one-half their regular rate of pay, including special pay which is part of their regular pay (e.g., longevity, special duty, educational compensation).
B. Minimum Units of Overtime. Overtime is recorded and paid on the basis of fifteen (15) minute increments (rounded up or down) to the nearest fifteen (15) minute increment. As an example, working seven (7) minutes beyond/before a shift would equal no paid overtime, while working eight (8) minutes beyond/before a shift would equal fifteen (15) minutes of overtime paid to that employee.
7.3 Hours Worked. Holidays, vacation, compensatory time off and sick leave shall constitute hours worked for the purposes of computing overtime.
7.4 Compensatory Time Off. Notwithstanding the provisions of this section, police employees may be granted compensatory time off for overtime credit, at the discretion of the Police Chief and with due regard to the wishes of the employee. Compensatory time off may be accumulated up to a maximum of one hundred twenty (120) hours.
7.5 Scheduling Compensatory Time Off. Requests to use compensatory time off shall be granted with due regard for operational necessity, such as staffing levels. Employees requesting CTO will submit a request to the scheduling supervisor. If granting the CTO request creates the need for coverage, a sign-up will be posted, if no employee signs up to work 72 hours prior to the requested leave, the CTO request will be denied.
7.6 Department Meetings. All department meetings called by the Chief attended by police employees on off-duty time shall be paid overtime at the rate of time and one-half.
7.7 Call Back Pay. Employees who are called to duty at a time they are not scheduled to work shall be compensated at the rate of time and one-half (1 +1/2) of the employee's regular rate of pay with a minimum compensation of two (2) hours. Call back overtime is unscheduled overtime as opposed to early start or extended day.
7.8 Court Time Pay. Employees who are subpoenaed to appear in court, at a time when they are not working, about events arising out of their employment, shall be compensated at the rate of time and one-half (1 +1/2) of the employee's regular rate of pay. If such court appearance neither begins nor ends contiguous to the employee's scheduled shift, the employee will be compensated for a minimum of three (3) hours for each required appearance. Employees who have been subpoenaed to appear, and are cancelled from such appearance with less than forty-eight (48) hours notice, shall receive two (2) hours pay at their overtime rate.
Agenda Item #7.6.
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7.9 Vacation Call Back. An employee called in to work during his or her regularly scheduled vacation period shall be compensated at a rate of one and one-half (1+ ½) times her or his regular rate of pay for all time worked.
7.10 Double-back Pay. When an employee is required to work two scheduled shifts within any twenty-four hour period, the first two hours of the second shift period worked will be at the overtime rate, provided that this provision shall not apply in any situation when the scheduling was done for the convenience of the employee or as a result of a "shift swap."
7.11 Training Travel.
A. Employees assigned to training will have their normal work hours adjusted to reflect work hours of 8:00 a.m. to 5:00 p.m. with one hour off for lunch. The first and last day of class will reflect a ten hour work day (1/2 hour travel each direction and one hour for lunch are not compensated.) If the first or last day of training is less than ten hours the employee shall have the option of completing the work day at SHPD, or taking compensatory time off. Travel time is considered portal to portal.
B. If travel to a training site occurs during non-normal working hours, or on a scheduled day off, the employee shall be compensated at time and one half (1 + ½).
C. Employees will not be compensated for travel to pick-up or drop off a city vehicle.
D. Subsistence reimbursement will be according to P.O.S.T. guidelines. No receipts are required. If a motel room is unavailable at the P.O.S.T. rate, the difference will be reimbursed based upon receipts, single occupancy, government rates. Lodging will not be reimbursed for the night prior to start of training, if training is within a 30-mile radius of point of departure. (refer map, Appendix D) ARTICLE 8
SALARY
8.1 Effective July 1, 2022, all bargaining unit members shall receive a Cost of Living (COLA) increase of five (5) percent.
Effective the first full period in July of each year of the successor agreement, all bargaining unit members shall receive an increase to base salary equal to the year over year (April/April) percentage increase in the San Francisco/Oakland/Hayward CPI-U with a floor of three (3) percent and a ceiling of five (5) percent.
Agenda Item #7.6.
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8.2 Equity Adjustment. The City will provide equity adjustments for POA represented positions until each classification is within five (5) percent of salary market median (95%) based on updated information from Ralph Anderson & Associates. Annual CPI increases (Article 8.1) for both the City of St. Helena and the market jurisdictions (refreshed annually) are to be considered for the purpose of this calculation. Ralph Anderson & Associates provided updated information to the City in May 2022 based off the cities/entities used in the previous study. Chart 1 provides a summary of the percent increase in salary to arrive at market median (95%) for each POA position as of May 2022.
Chart 1
Equity adjustments will take place every six (6) months until each classification is within the range and will be as follows:
• 7/1/22 – Equity Adjustment of two and one-half (2 ½) percent • 1/1/23 – Equity Adjustment of two (2) percent
• 7/1/23 – Equity Adjustment of two (2) percent
• 1/1/24 – Equity Adjustment of two (2) percent
• 7/1/24 – Equity Adjustment of two (2) percent
• 1/1/25 – Equity Adjustment of two (2) percent
ARTICLE 9
INCENTIVE PAY
9.1 Additional monthly salary compensation shall be received by an employee attaining POST Certificates, as follows:
POST Intermediate Certificate $100.00
POST Advanced Certificate $200.00
POST Records Supervisor Certificate $100.00
Effective the first full per period in July 2024, additional monthly salary received by an employee attaining POST Certificates shall be as follows:
POST Intermediate Certificate $150.00
POST Advanced Certificate $275.00
Position Title % out of 95% Market Median
Community Services Officer No comparable
Dispatch Supervisor -21.7%
Dispatcher -16.6%
Police Lieutenant/Commander -23%
Police Officer -25.4%
Sergeant -23.3%
Agenda Item #7.6.
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POST Records Supervisor Certificate $150.00
9.2 Employees who are fluent in both English and Spanish, both verbal and written, will receive incentive pay in the amount of five (5) percent of his or her base salary. Fluency is determined through an interview and written examples that demonstrate this skill. Testing is scheduled in June and December. Incentive pay is awarded to begin the following month. This incentive pay is subject to supervisor review should a performance issue occur.
9.3 Employees determined to be able to communicate in Spanish at a level adequate for law enforcement purposes will receive incentive pay of additional $150.00 per month.
Competency at this level is determined through a demonstration of this skill to a community panel as selected by the Chief of Police. Testing is scheduled in June and December. Incentive pay is awarded to begin the following month. This incentive pay is subject to supervisor review should a performance issue occur.
ARTICLE 10
LONGEVITY
Longevity pay shall be granted to any permanent employee on his or her fifth anniversary of continuous employment at the rate of two and one-half (2 ½) percent of present salary. At her/his tenth anniversary, the percentage increment shall be five (5) percent; at the fifteenth-year anniversary, the percentage increment shall be seven and one-half (7 ½) percent; at the twentieth year anniversary and thereafter, the increment shall be ten (10) percent.
ARTICLE 11
SPECIAL ASSIGNMENT
11.1 An officer, while assigned to the position of Motorcycle Officer, Range Master or Reserve Coordinator with at least six (6) regularly working reserve officers under supervision, shall receive additional compensation of $200.00 per month. This shall be part of the regular pay.
11.2 Officers or Dispatchers assigned as a Field Training Officers or Communication Training Officer shall receive an additional seven (7) percent of their daily salary, per day, while assigned to the trainee.
11.3 A Dispatcher designated as Records Coordinator shall receive additional compensation of five (5) percent of his or her regular salary.
11.4 Officers working special duty for film making or similar work, which work is paid for by a film production company or similar enterprise, shall be paid for a minimum of four hours at the regular overtime rate.
Agenda Item #7.6.
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11.5 Officers, while assigned to the Investigator position, School Resource Officer, or K-9 Handler shall receive an additional compensation of three (3) percent of base salary when acting as an Investigator, School Resource Officer, or K-9 Handler.
11.6 Police service dog handler is paid for through the Citizens' Option for Public Safety (COPS).
This program continues as long as funds from this program is available.
1. A Police service Dog handler ("Handler") who is regularly assigned the responsibility for the care, shelter and feeding of a police Dog shall be indemnified by the CITY for all such costs. Expenses related to the care, shelter and feeding of a police Dog include the following: medical costs, veterinarian costs, food, construction and maintenance of a shelter, and kennel costs during the Handler's vacation.
2. Handler shall be compensated in accordance with the POA Memorandum of Understanding for attendance at monthly training sessions related to their assigned police Dog.
3. All expenses provided for by the CITY under Section 1 shall be pre-approved by the Chief of Police or his designate before such reimbursement will be granted to the Handler, and the Handler shall furnish proof to the satisfaction of the CITY for such expenditure.
4. Handlers shall be of the rank Police Officer. The assignment shall be voluntary. Once accepted for the assignment, the Handler shall remain subject to all Police Department regulations, except as provided herein.
5. The police Dog is the property of the City of St. Helena. The Handler may voluntarily keep the police Dog at his/her place of residence, subject to recall by the CITY.
6. The Handler is responsible for the care and feeding of the police Dog. If at any time the Handler is unable to use the police Dog because of its poor health, which is due to the Handler's negligence, the Handler may be disciplined, removed from the canine program, and the police Dog removed from the Handler's custody. If at any time the police Dog is forced to be retired from police service because of its poor health, which is due to the Handlers negligence, seek damages from the Handler for the lost value of the remaining years, or fraction thereof, of expected service of the police Dog. The damages to which the CITY will be entitled to is the sum of $10,344.00. Multiplied by a fraction, the numerator of which is the remaining years or fraction thereof, of expected service of the police Dog and the denominator four (4) years; that is expected years of service of a police Dog.
7. Upon termination of employment with the CITY or participation in the canine program, the Handler may, subject to the CITY'S sole and exclusive discretion, purchase the police Dog from the CITY. The purchase price shall be the sum of $10,344.00, multiplied by a fraction, the numerator of which is the remaining years, or fraction thereof, of expected Agenda Item #7.6.
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service of the police Dog and the denominator four (4) years; that is, the expected years of service of the police Dog. When the police Dog is retired from service due to age, health or injury, the Handler may, subject to the CITY'S sole and exclusive discretion, purchase the police Dog from the CITY for $1.00. Upon purchase of a police Dog by the Handler, the CITY thereby relinquishes all control over the care, feeding and maintenance of the police Dog and any responsibility to pay for such services, including the payment of compensation to the Handler under this Agreement, as well as any liability for the actions of the police Dog. Any and all such control, responsibility, and liability for the police Dog will be assumed by the Handler on the day of the purchase.
8. For purposes of this section, the date upon which the police Dog is first put into active duty with its Hander shall be the date from which the expected years of service of the police Dog shall commence.
9. The handler is authorized to drive a marked police car, equipped with a canine cage, between home and work. In addition to other City or Department policies regarding use of vehicles, the following provisions apply:
a) Vehicle shall be used for official City business only. When commuting, the handler shall not deviate from a direct path between home and work or stop enroute for personal business.
b) Handler must have his valid driver license and department ID in his possession when operating the vehicle. (The Police Department uniform will be considered department ID.)
c) Only law enforcement personnel will operate the vehicle. d) When handler is on vacation or other leave, or is on a trip away from home, the City vehicle must be left at the Police Department. e) When commuting, the handler will not engage in law enforcement activity when outside the St. Helena City limits, unless requested to assist another agency. It is appropriate for the handler to use the police radio to advise another jurisdiction of observed criminal violations.
1) This subsection does not apply should the handler witness a felony or serious incident where a person's safety is at risk. As soon as practical, the handler shall notify the agency of jurisdiction.
10. CITY will compensate EMPLOYEE for feeding, grooming, and general care of the Dog.
It is estimated that the time spent on non-police work care of the Dog averages approximately sixty (60) minutes per day. Further, it has been determined that said time is substantially similar to the care given to a household pet or other dog. The hours are compensated at the California prevailing minimum wage at the overtime Agenda Item #7.6.
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rate of time and a half. As of January 1, 2022, the minimum wage is $15.00 per hour which equals $22.50 per hour at time and a half. At this rate, the EMPLOYEE will be paid $22.50 per hour times 365 (days in the year) divided by the number of paychecks in the year (24), excluding the 3rd paycheck of the month which occurs twice annually.
This rate calculates to $342.19 per paycheck.
As the prevailing minimum wage is adjusted, the same calculations shown above will be used to determine the new pay per paycheck.
ARTICLE 12
EDUCATIONAL REIMBURSEMENT
Each employee is eligible for reimbursement for up to a maximum of $300.00 during any fiscal year for tuition and fees for Spanish language classes at Napa Valley College (or approved equivalent institution) that will aid the employee in the performance of his or her duties. Reimbursement will be paid upon obtaining a passing grade or a certificate of completion. These classes are scheduled on the employees own time and are not considered on-duty hours.
The City of St. Helena encourages professional growth which is beneficial to both the City and the employee. The City will provide reimbursements for employees up to $1,500 per fiscal year for expenses incurred for education for which the employee earns college credits from an accredited college, which would promote professional development. The program is voluntary.
ARTICLE 13
SICK LEAVE
13.1 Accrual. Sick leave with pay shall accrue to employees in the classified service at the rate of one work day for every calendar month of service, with no limit to accumulated time.
13.2 Administration. An employee who must absent himself/herself from work shall notify his/her immediate superior or department head at least two hours prior to the beginning of his/her shift, unless circumstances of the illness prevents such advance notice, but in no case later than the start of the his/her tour of duty and may be required to provide a physician's certificate for absence due to illnesses of more than three working days or at the request of the department head. Any employee may be required to submit to an examination by a licensed physician designated by the City and at the City's expense to determine the state of the employee's health.
13.3 Reasons for Granting. Sick leave shall be granted to eligible employees in the following cases:
A. Personal illness or incapacity resulting from causes beyond the employee's control; Agenda Item #7.6.
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B. Illness of a member of an employee's immediate family (defined as father, mother, sister, brother, spouse, or child) and of sufficient nature to require his or her personal care and attention and only until other adequate arrangements can be made.
C. Preventive medical, dental and optical examinations where appointments are unavailable or impractical during non-working hours.
13.4 Sick Leave Abuse. When it is determined by investigation that sufficient evidence exists to demonstrate an employee has or is abusing the sick leave privilege, the Department Head, upon approval by the City Manager, may suspend that employee's use of the sick leave benefit for such period of time as is determined necessary to deter future abuse, which may be in addition to any other disciplinary action that may be appropriate.
13.5 All eligibility for sick leave with pay shall be canceled upon separation of the employee from the City service, provided that if such separation is by layoff, this accumulated eligibility shall be restored to him/her in whole by the City Manager upon reemployment.
13.6 Employees who are on authorized vacation or holiday leave and become ill, or are otherwise disabled through accident not a result of vicious habits or intemperance, may charge such sickness or disablement to credited sick leave, provided satisfactory evidence is presented to the City Manager indicating the total number of days to be so charged.
13.7 Sick Leave Accrual Incentive.
A. Upon separation in good standing from employment with ten years of service to the City, the City will pay an employee for unused sick leave in the following amount: the total number of hours of sick leave accumulated, multiplied by the hourly rate of pay of the employee at the time of separation, divided by two.
B. Retiring employees have the option that the number of hours of accumulated sick leave times the hourly rate of the employee at the time of retirement may be applied towards health insurance premiums until such amount is depleted.
Insurance premiums paid under this provision may apply towards any health or dental insurance policy normally available to employees, subject to any limitations imposed by the insurance company. Such policies may include coverage of dependents of the employee.
C. Effective July 1, 2020, the City will not pay the employee upon separation in good standing from City employment for unused sick leave accrued on or after July 1, 2020. No new sick leave hours will be eligible for the conversation or payout benefits described in Section 13.7 of the MOU beginning July 1, 2020. Those employees who have accrued hours eligible for this benefit on or before June 30, Agenda Item #7.6.
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2020 will have such eligible hours placed in a separate bank and will be permitted to convert them in accordance with the provisions of Section 13.7.
ARTICLE 14
VACATION LEAVE
14.1 Eligibility. Employees shall be entitled to annual full or prorated vacation leave with pay except employees who have served less than six months in the service of the City.
14.2 Earning and Accrual Rates. Vacation shall be earned and accrued by regular employees at the following rates:
A. Full time Sworn Officers shall earn and accrue vacation at the rate of no less than fifteen days per year; non-sworn full time Police Officer Trainee, Dispatchers and Community Service Officers shall earn and accrue vacation at the rate of no less than ten days per year.
B. After six years of continuous employment, Sworn Officers, Dispatchers, and Community Service Officer will earn and accrue vacation at the rate of sixteen days per year, and the rate of earning and accrual shall increase after each additional full year of employment to a maximum accrual rate of twenty days per year.
14.3 Vacation may be taken the first day following the completion of six months service but not in units of less than two hours.
14.4 If operating necessities are such that an employee cannot take all of her or his accrued vacation within an accrual year, the balance may be carried forward to the next year, however, the maximum accumulation of vacation leave shall be 45 days. For purposes of this paragraph, accrual year shall commence on the entrance-on-duty anniversary date.
14.5 Employees separated from City service shall be paid a lump sum for all vacation accrued prior to separation.
14.6 Effective July 1, 2017, every permanent employee shall be allowed to cash out up to 40 hours of accrued vacation leave per calendar year provided the employee maintains a minimum of 80 hours in his/her vacation leave bank. Eligible employees may cash out vacation leave pursuant to this subsection once per year by submitting a request to the Human Resources Department no later than December 15.
Agenda Item #7.6.
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ARTICLE 15
SCHEDULING PAID LEAVE
Vacation and holiday time off shall be scheduled by seniority choice. A "time off request sheet" (includes holiday and vacation credit) shall be posted in December of each year to solicit "requests for time off." Said schedule, when approved by the Police Chief or his designee, shall be effective January 1 for the subsequent calendar year. Requests shall be granted based upon legitimate operating needs and not unreasonably denied. Changes to the schedule during the year shall be subject to the approval of the Police Chief or his designee. "Bumping" is not permitted without the consent of the affected employee.
ARTICLE 16
HOLIDAYS
16.1 In lieu of holiday time off, employees shall receive additional holiday compensation on a prorated basis on each paycheck, for a total of twenty-six (26) paychecks annually, for the hours of twelve (12) recognized city holidays. Member's compensation for holidays shall be computed in the same fashion as is the rate of pay for vacation.
16.2 Holiday accrual: Full time employees 3.69 hours per pay period.
Part time (3/4 time) employees 2.77 hours per pay period.
One Floating Holiday - Unspecified Personal Convenience Holiday Three Additional Floating Holidays - Employees continuously employed by the City for at least five years shall be granted three additional Unspecified Personal Convenience Holidays. Personal Convenience Holidays must be used prior to the end of the calendar year and will not accrue.
16.3 Non-shift employees shall normally take a holiday off on the day it falls, except that when a holiday falls on a Saturday the preceding Friday shall be observed. When a holiday falls on a Sunday, the following Monday shall be observed.
ARTICLE 17
BEREAVEMENT LEAVE
Employees shall be allowed a leave of absence on full pay, for up to seven calendar days when the absence is due to a death in the immediate family. Those in the immediate family are: mother, father, grandmother, grandfather or grandchild of the employee or of the spouse of the employee, and the spouse, son, son-in-law, daughter, daughter-in-law, brother or sister of the employee, or any relative living in the immediate household of the employee.
Agenda Item #7.6.
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ARTICLE 18
MATERNITY LEAVE
The City Manager may grant a leave of absence without pay to any probationary or permanent employee who becomes disabled as a result of pregnancy, which disability prevents her from performing the duties of her position. Such leave shall not exceed four months whether or not it is combined with sick leave, vacation, compensatory time off and/or leave without pay. Such request shall be accompanied by a recommendation and explanation from the Department Head as to how an adequate level of service can be maintained during the employee's absence.
Employee benefits will continue to be paid by the City during approved short-term leave.
ARTICLE 19
JURY LEAVE
19.1 Employees called as trial jurors shall be entitled to absent themselves from duties with the City during the period of such service or while necessarily being present in court as a result of such call. Under such circumstances, the employee shall be paid the difference between the employee's full salary and any payment received for jury service, except travel pay.
19.2 Employees assigned to swing and graveyard shifts may be temporarily assigned to day shift. If such employee is released from jury duty after serving less than their shift hours, inclusive of meal and driving time, such employee may be required to report to the Police Department to serve the remainder of their shift. Employees may also use vacation or CTO to complete the remainder of the shift. Such shift assignment may be made by the Chief of Police in due consideration of operational need and circumstances.
ARTICLE 20
ADMINISTRATIVE LEAVE
An employee who is determined to be disabled and unable to perform his or her normal duties may, at the discretion of the City Manager, be assigned to be on Administrative Leave. During such Administrative Leave, the employee may be assigned to have "normal" work hours of 9:00 a.m. to 5:00 p.m. and days off of Saturday and Sunday. If any fixed holidays occur during the time of disability, the employee will be assumed to be "off on holiday" and will not receive additional pay for the holiday. During the period of assignment to Administrative Leave, the employee may be required to testify in court or perform other functions the employee is capable of performing.
Agenda Item #7.6.
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ARTICLE 21
HEALTH AND WELFARE INSURANCE AND BENEFITS
21.1 Health Insurance:
A. The City will pay for health insurance coverage for the employee and all dependents.
Employees hired prior to July 1, 1990 who have no dependents will receive a salary supplement of $65 per month in lieu of the dependent coverage. It is the City's intent that during the term of this MOU, medical benefits shall remain at the current level.
B. Effective July 1, 2005, deductible rates for employees were changed to lower the increases in health costs.
C. In the event City's health insurance premiums increase more than five percent (5%) on July 1 of any given year, the city can amend the health plan to the next higher deductible tier to offset costs. In the event the health insurance premiums increase more than fifteen percent (15%) after deductibles have been amended, the members agree to split the cost increase 75%/25%, with the employee paying 25%.
D. In order to bring employees in this bargaining unit to parity with other City employees in terms of the applicable deductibles in health plans offered, effective July 1, 2017, the City will change the Anthem health insurance plan provided to employees from the $500 deductible plan to the $250 deductible plan. The City may make future changes in deductibles to this and other plans as specified in Section 21.1(C).
21.2 Dental Insurance: The City will pay for each employee the full premium for Dental Insurance Benefits covering the employee and all dependent family members.
21.3 Life Insurance: The City will pay for each employee the full premium for term life insurance in the amount of $25,000. The employee will have the option to purchase additional insurance up to an additional $20,000.
21.4 Disability Insurance: The City will pay for each employee the full premium for a disability insurance plan covering the employee.
21.5 Effective July 1, 2017 subject to REMIF approval, the City will obtain and pay the full premium for a REMIF vision plan for all full-time employees and their dependent family members.
21.6 Physical Fitness: During shifts when staffing is available and at the discretion of the Chief of Police or on-duty supervisor, officers, Supervisors and Non-sworn Staff shall be allowed to spend up to one hour during each shift exercising. Changing clothes, showering and otherwise preparing to resume regular duties shall be accomplished during the one hour and is only during lunch breaks
Agenda Item #7.6.
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ARTICLE 22
UNIFORM ALLOWANCE
22.1 Employees shall receive an annual uniform allowance as follows:
Sworn Personnel $1,250.00
Police Officer Trainee, Dispatch and CSO Personnel$1,000.00
22.2 The Uniform Allowance will be paid out proportionately with each of the twenty-six (26) paychecks..
22.3 Officers assigned to motorcycle duties shall be issued:
1) 1 pair of Police motorcycle boots
2) 2 pairs of Police motorcycle pants
3) 1 Police motorcycle leather jacket
4) 2 sets of riding gloves (1 cold weather and 1 warm set) 5) Protective eyeglasses (not to exceed $150.00)
22.4 Officers assigned by the Chief of Police to bicycle patrol shall be issued appropriate safety equipment to include:
1) Gloves
2) Helmet
3) Padded shorts
4) Padded Pants
5) Protective Eyeglasses
6) Pedal retention devices
7) Inclement weather clothing.
Officers assigned to bicycle patrol must agree to a regular assignment of bicycle duty prior to appointment to this position.
Agenda Item #7.6.
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ARTICLE 23
LEAVE OF ABSENCE WITHOUT PAY
The City Manager may grant a permanent or probationary employee leave of absence without pay or seniority for a period not to exceed three months. No such leave shall be granted except upon written request, and the approval will be in writing. Upon expiration of a regularly approved leave or within a reasonable period of time after notice to return to duty, the employee shall be reinstated in the position held at the time leave was granted. Failure on the part of an employee on leave to report promptly at its expiration, or within a reasonable time after notice to return to duty, shall be cause for discharge. Department heads may grant a permanent or probationary employee leave of absence without pay for time not to exceed one calendar week. Such leaves shall be reported to the Personnel Officer.
ARTICLE 24
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
24.1 Sworn Personnel
24.1.1 The City shall enroll all eligible sworn employees in a retirement plan provided by the Public Employees' Retirement System that conforms to the State Required PEPRA laws. Employees hired into a PERS retirement system before January 1, 2013 will be considered "Classic" employees. Employees hired into a PERS retirement system, for the first time, or after a six-month separation, on January 1, 2013 or after will be considered "New" employees.
24.1.2 "Classic" employees' retirement benefits will be computed at three percent of salary for each year of service, for retirement at age fifty, supplemental to Social Security, and based on the single highest year's salary. a. Member Contributions – Employees covered by section 24.1.2 shall continue to pay, through payroll deduction, the full 9.0% member contribution rate.
24.1.3 "New" employees' retirement benefits will be computed at 2.7 percent of salary for each year of service, for retirement at age fifty-seven, supplemental to Social Security, and based on a three-year average (of the three highest years of salary). a. Member Contributions – As required by Government Code Section 7522.30, effective January 1, 2013, employees covered by section 24.1.3 shall continue to pay, through payroll deduction, fifty percent (50%) of normal costs.
Agenda Item #7.6.
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24.2 Non-Sworn Personnel
24.2.1 The City will enroll non-sworn employees in a retirement plan provided by the Public Employees' Retirement System with the same benefits provided to miscellaneous employees of the City.
24.2.2 "Classic" Tier One employees' retirement benefits will be computed at two percent of salary for each year of service, for retirement at age fifty-five, supplemental to Social Security, and based on the highest twelve (12) consecutive month period as specified by Government Code Section 20042.
a. Member Contributions – Employees covered by section 24.2.2 shall continue to pay, through payroll deduction, the full 7.0% member contribution rate.
24.2.3 "Classic" Tier Two employees' retirement benefits will be computed at two percent of salary for each year of service, for retirement at age sixty, supplemental to Social Security, and based on the highest annual average pensionable compensation earned during thirty-six (36) consecutive months of service. a. Section 24.2.3 shall apply to employees hired on or after July 1, 2012, and before January 1, 2013. In addition, Section 24.2.3 shall apply to employees hired on or after January 1, 2013, who are qualified for pension reciprocity as stated in Government Code Section 7522.02 (c) and related CalPERS reciprocity (Classic Member) requirements.
b. Member Contributions – Employees covered by section 24.2.3 shall continue to pay, through payroll deduction, the full 7.0% member contribution rate.
24.2.4 "New" employees' retirement benefits will be computed at two percent of salary for each year of service, for retirement at age sixty-two, supplemental to Social Security, and based on the highest annual average pensionable compensation earned during thirty-six (36) consecutive months of service as required by Government Code Section 7522.32.
a. Member Contributions – As required by Government Code Section 7522.30, effective January 1, 2013, employees covered by section 24.2.4 shall continue to pay, through payroll deduction, fifty percent (50%) of normal costs.
ARTICLE 25
SHIFT SWAPS
The practice of shift swaps and absence without relief will be permitted, subject in each instance to the approval of the Police Chief or his designated representative. Shift swaps shall be rank for Agenda Item #7.6.
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rank, exceptions permitted only by the Police Chief, and absence without relief shall be without pay.
ARTICLE 26
DISCIPLINARY ACTION
26.1 Disciplinary Authority
A. The Chief of Police shall have the right, for reasonable cause, to reprimand or suspend without pay for up to and including three (3) calendar days any regular employee.
B. The City Manager shall have the right, for reasonable cause and for any regular employee to:
1. demote,
2. dismiss,
3. reduce in pay, or
4. suspend without pay for up to thirty (30) calendar days.
26.2 Discipline Procedure
A. An authorized departmental manager or supervisor proposing that action be taken shall provide the employee with written notice of the proposed action. The written notice shall contain the date it is intended to be effective, the charge(s) and facts on which the proposed action is based and notification that the employee is entitled to respond to the charges in writing to the Chief of Police or his designee within seven (7) calendar days of receipt of notification. Failure of the employee to make a written response or request will constitute waiver of the right to respond. Further, the employee shall be provided with the relevant written materials, written reports and documents considered by the responsible authority in reaching his/her decision to propose the action.
B. The City Manager will hear employee's responses on all contemplated disciplinary actions which propose a penalty more severe than a three day suspension without pay. The Chief of Police will hear those responses where less severe discipline is proposed.
C. If the employee elects to respond in person, a meeting shall be scheduled with the City Manager or Chief of Police, whichever is applicable, at which time the employee shall be given the opportunity to respond to the proposed action. The Agenda Item #7.6.
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employee shall be entitled to be represented by counsel or other person of his/her choosing at the meeting.
D. If after the above procedure discipline is implemented, a written notice of discipline shall be served upon the employee. Said notice shall inform the employee of his/her appeal rights, if any.
E. The City shall have the right to put any employee on immediate paid administrative leave pending investigation and processing of any potential disciplinary action.
F. The provisions of the Article shall not apply to reductions in pay which are part of a general plan to reduce salaries and wages or to eliminate positions.
26.3 Appeal
A. Right of Appeal: When formal disciplinary action has been taken by the City Manager or Chief of Police and the employee has received written notification of the action, the employee shall have the right to appeal as provided below. Failure to appeal by the employee or his/her representative will make the disciplinary action final and conclusive.
B. Appeal Procedure: A regular employee who has been demoted, dismissed, reduced in pay or significantly suspended without pay (excess of one day), may appeal to the City Council within fourteen (14) calendar days after having been furnished a copy of the notice of discipline by filing a written answer to charges and requesting a hearing with an impartial arbitrator thereon. Upon receipt by the City Council of the request for a hearing with an arbitrator, the City Council will initiate the hearing procedure.
C. Hearing Procedure:
1. Appointment of Arbitrator
a) The parties to the selection of the arbitrator shall be the City and the employee, who may be represented by the Association, by independent counsel or by him or herself.
b) An arbitrator shall be selected jointly by the parties within fourteen calendar days of receipt by the City Manager of the request for such arbitration from the employee.
c) In the event the parties are unable to agree on an arbitrator within the fourteen day period, the City shall solicit from the State of California Mediation / Conciliation Service a list of seven arbitrators. After receipt of the list, the parties shall, with the City striking first, alternately strike arbitrator's names from the list until one arbitrator remains.
Agenda Item #7.6.
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d) If the arbitrator selected declines appointment or is otherwise unavailable, a new list shall be requested as described above and the process repeated, unless the parties can otherwise mutually agree on an arbitrator.
e) The cost of the impartial arbitrator will be shared, with one-half being paid by the City and one-half being paid by the Association or the individual employee.
2. The arbitration hearing shall be held at the earliest administratively convenient date, taking into consideration the availability of the arbitrator and the availability of counsel and witnesses. The arbitration hearing shall be a private hearing.
3. The hearing shall be conducted in the manner most conducive to determination of the truth, and the arbitrator shall not be bound by technical rules of evidence.
4. The arbitrator shall determine the relevancy, weight and credibility of testimony and evidence. The arbitrator shall base his/her finding on the preponderance of evidence.
5. Each side will be permitted an opening statement and closing argument.
The City shall first present their witnesses and evidence to sustain the charges, and the employee will then present his/her witnesses and evidence in defense.
6. A court reporter will be retained by the City to take a transcript of the hearing. No audio or video tape recording will be permitted. The employee or his/her representative may obtain a copy of the transcript of the hearing upon request and agreement to pay the necessary costs.
7. Each side will be allowed to examine and cross-examine witnesses. The employee filing the appeal may be called and examined as if under crossexamination.
8. Both the City and the employee may be represented by legal counsel.
9. The arbitrator shall, if requested by either party, subpoena witnesses and/or require production of other relevant records or material evidence.
The arbitrator may consider the records of any relevant prior disciplinary actions against the employee which are final.
10. The arbitrator may, prior to or during a hearing, grant a continuance for any reason he/she believes to be important to him/her reaching a fair and proper decision.
Agenda Item #7.6.
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11. The arbitrator shall prepare a recommended decision and forward it to the City Council after the matter of appeal was taken under submission by the arbitrator. The recommended decision shall set forth which charges the arbitrator sustains or does not sustain and the reasons therefore.
12. After receiving the recommendation of the arbitrator, the City Council may sustain or reject any or all of the charges filed against the employee. The City Council may sustain, reject or modify disciplinary action invoked against the employee.
ARTICLE 27
LAYOFF PROCEDURE
27.1 In the event of a layoff, those employees in the classification affected with the least Citywide seniority shall be laid off first. Seniority shall be defined as continuous City service based upon hire date. The order of layoff shall be:
a) Part-time and temporary employees in the affected classification shall be separated first.
b) Probationary employees in the affected classification shall be separated next. c) Permanent employees with the least City seniority will be laid off first. Other affected employees will be laid off in sequential order thereafter.
27.2 An employee scheduled to be laid off is entitled to displace, or "bump," into a position in a classification within the same occupational series which is currently being held by an incumbent with less overall City seniority, provided it is a position in which the employee formerly held permanent status. The employee must exercise his or her displacement rights in writing within five (5) working days from receipt of layoff notification.
27.3 When the employee with the least City seniority is displaced by the person scheduled for layoff, the displaced employee shall be considered as laid off for the same reason as the person who displaced him or her and shall in the same manner be eligible to displace to a position in the same manner as described above.
27.4 Should there be a vacancy in the classification from which an employee was laid off within twelve (12) months, the employee shall be eligible for reinstatement. Reinstatement shall be in the reverse order of layoff.
Agenda Item #7.6.
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ARTICLE 28
SEPARABILITY
Notwithstanding any provisions of this Agreement to the contrary, in the event that any article, or subsections thereof, of this Agreement shall be declared invalid by any court of competent jurisdiction or by any applicable State or Federal law or regulation, or shall a decision by any court of competent jurisdiction or any applicable State or Federal law or regulation diminish the benefits provided by this Agreement or impose additional obligations on the City, the parties shall meet and confer or negotiate on the Articles or Subsections thereof affected. All other provisions of this agreement shall continue in full force and effect.
ARTICLE 29
TERM
The term of this agreement shall commence on its ratification by the City and the Association and expire on June 30, 2025.
APPROVALS
This Memorandum of Understanding has been ratified and adopted pursuant to the recommendation of the following representatives:
ST. HELENA POLICE OFFICERS’ ASSOCIATION
_____________________________
Melissa Brown, President
CITY OF ST. HELENA
______________________________
James McCann, Interim City Manager
Agenda Item #7.6.
CITY OF ST. HELENA PUBLICLY AVAILABLE SALARY SCHEDULE
Position Time base* A B C D E
Dispatcher Annual 60,530.00 63,556.50 66,734.33 70,071.04 73,574.59 Monthly 5,044.17 5,296.38 5,561.19 5,839.25 6,131.22 Bi‐weekly 2,328.08 2,444.48 2,566.70 2,695.04 2,829.79 Hourly 29.10 30.56 32.08 33.69 35.37 Dispatch Supervisor Annual 72,659.00 76,291.95 80,106.55 84,111.87 88,317.47 Monthly 6,054.92 6,357.66 6,675.55 7,009.32 7,359.79 Bi‐weekly 2,794.58 2,934.31 3,081.02 3,235.07 3,396.83 Hourly 34.93 36.68 38.51 40.44 42.46 Police Officer Trainee Annual 45,535.00
Monthly 3,794.58
Bi‐weekly 1,751.35
Hourly 21.89
Police Officer Annual 75,892.00 79,686.60 83,670.93 87,854.48 92,247.20 Monthly 6,324.33 6,640.55 6,972.58 7,321.21 7,687.27 Bi‐weekly 2,918.92 3,064.87 3,218.11 3,379.02 3,547.97 Hourly 36.49 38.31 40.23 42.24 44.35 Sergeant Annual 94,758.00 99,495.90 104,470.70 109,694.23 115,178.94 Monthly 7,896.50 8,291.33 8,705.89 9,141.19 9,598.25 Bi‐weekly 3,644.54 3,826.77 4,018.10 4,219.01 4,429.96 Hourly 45.56 47.83 50.23 52.74 55.37 (1) Longevity Pay ‐ Employees are eligible to receive longevity based on continuous years of employment according to the dates and rates below:
5 years ‐ 2.5% of base salary
10 years ‐ 5.0% of base salary
15 years ‐ 7.5% of base salary
20 years ‐ 10% of base salary
POST Intermediate Certificate ‐ $100.00
POST Advanced Certificate ‐ $200.00
POST Records Supervisor Certificate ‐ $100.00
(4) Special Assignment Pay:
Motorcycle Officer, Range Master or Reserve Coordinator ‐ $200.00 per month Field Training Officers or Communication Training Officers ‐ 7% of their daily salary, per day, while assigned to the trainee Records Coordinator ‐ 5% of regular salary
Canine, Officer Investigator Position, and School Resource Officer ‐ 3% of base salary Police Service Dog Handler ‐ $228.13 per pay period
(6) Uniform Allowance ‐ Employees shall receive an annual uniform allowance as follows:
Sworn Personnel ‐ $1,250.00
Dispatch and CSO Personnel ‐ $1,000.00
Motorcycle Officers ‐ 1 pair of Police motorcycle boots, 2 pairs of Police motorcycle pants, 1 Police motorcycle leather jacket, 2 sets of riding gloves (1 cold weather and 1 warm set) and Protective eyeglasses (not to exceed $150.00) Bicycle Patrol ‐ Gloves, Helmet, Padded Shorts, Padded Pants, Protective Eyeglasses, Pedal Retention Devices, and Inclement Weather Clothing *Annual time base payrate is rounded up to the nearest whole dollar, while all other time base payrates are rounded to the nearest cent. (3) POST Certificates ‐ Additional monthly salary compensation shall be received by an employee attaining certificates, as follows:
(5) Holiday Accrual ‐ Full‐time employees will accrue 3.833 hours per pay period, which will be paid out twice a year (in June and December) at the employee's current hourly rate.
Police Officers Association
Approved and Adopted June 28, 2022
Effective July 1, 2022
FY 2022‐2023
Steps
(2) Bilingual Pay ‐ Employees who are certified as fluent in both written and verbal Spanish language will receive a 5% pay differential that is added to the employee's base salary. Employees determined to be able to communicate in Spanish at a level adequate for law enforcement purposes will receive incentive pay of an additional $150.00 per month.
Human Resources Department Page 1 6/24/2022
Agenda Item #7.6.
CITY OF ST. HELENA
RESOLUTION NO. 2022-
APPROVAL OF AMENDMENT NO. 3 TO THE A
MEMORANDUM OF UNDERSTANDING BETWEEN
THE ST. HELENA POLICE OFFICERS
ASSOCIATION (POA) AND THE CITY OF ST.
HELENA AND DULY ADOPTING AND APPROVING
PUBLICLY AVAILABLE PAY SCHEDULE IN
ACCORDANCE WITH THE REQUIREMENT OF
CALIFORNIA CODE OF REGULATIONS, TITLE 3,
SECTION 570.5, FOR THE POLICE OFFICERS’
ASSOCIATION MEMBER CLASSIFICATIONS
RECITALS
A. The St. Helena Police Officers Association (POA) Memorandum of Understanding (MOU) contract expires on June 30, 2022; and B. Negotiations between the St. Helena Police Officers Association and the City have resulted in a three- year agreement expiring June 30, 2025. The agreement is reflected in Amendment No. 3 to the Memorandum of Understanding (MOU) between the St. Helena Police Officers Association and the City in Exhibit A; and C. The City of St. Helena contracts with the California Public Employee Retirement System (“CalPERS”) to provide retirement benefits for its employees; and D. Pursuant to California Code of Regulations, Title 2, Section 570.5, CalPERS requires governing bodies of local agencies contracting with CalPERS to approve and adopt a publicly available pay schedule in accordance with public meeting laws; and
E. On June 28, 2022, via this resolution City Council is ratifying a three-year agreement with the POA which includes an increase to base salary for its members; and
F. Staff updated the pay scale with an effective date of July 1, 2022.
Agenda Item #7.6.
RESOLUTION
NOW, THEREFORE, the City Council of the City of St. Helena resolves as follows:
1. The Council hereby approves and incorporates by reference the attached Memorandum of Understanding between St. Helena Police Officers Association the City of St. Helena for the period July 1, 2022 - June 30, 2025.
2. That the City of St. Helena Publicly Available Salary Schedule which includes a revised salary schedule for members included in the POA MOU and contained in Exhibit B is hereby approved and adopted in accordance with the requirements of California Code of Regulations, Title 2, Section 570.5; and
3. That the revised City of St. Helena Publicly Available Salary Schedule makes no changes to the salary schedules for other classifications; and
4. That the City of St. Helena Publicly Available Salary Schedule will be posted on the City’s website and will be made available for public inspection for not less than five years.
Approved at a regular meeting of the St. Helena City Council on June 28, 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 #7.6.
Report to the City Council
Regular City Council - 28 Jun 2022
Agenda Section: PUBLIC HEARINGS
Subject: Consideration and Proposed approval of a Resolution adopting Saint Helena Police Department Policy 707 "Military Equipment" as required by AB148 for the Funding,
Acquisition, and Use of Military Equipment
CEQA
Determination:
Not a CEQA project
Prepared By: Chris Hartley, Chief of Police
Reviewed By: April Mitts, Administrative Services Director Approved By: James C. McCann, Interim City Manager
BACKGROUND
On September 30, 2021 Governor Newsom signed into law Assembly Bill 481, relating to the approval, funding, acquisition, and use of "military equipment" by law enforcement agencies. California Government Code section 7071 requires a law enforcement agency's military equipment policy, which includes the type of "military equipment" the department currently possesses or may acquire and use, be approved by the governing body (City Council).
This item was continued from the May 24, 2022 Regular City Council meeting for policy language clarification. New language reads:
Saint Helena Police Department Policy 707.5. The Chief of Police or authorized designee shall obtain approval from the governing body, "prior to acquiring any listed military equipment" by the way of an ordinance adopting the military equipment policy.
DISCUSSION
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code 7070; Government Agenda Item #8.1.
Code 7071 and Government Code 7072). The proposed Policy being presented is attachment 2 to this staff report. It is important to understand that what is defined as "military equipment" by the California State Legislation is not related to whether or not the equipment was acquired through military sources. The Saint Helena Police Department does not possess nor use any equipment specifically designed for military use as defined in Government Code 7070 (c), nor has the department acquired any equipment through a military surplus program, commonly known as "1033 Program (10 USC 2576(a).
FISCAL IMPACT
None
RECOMMENDED ACTION
Recommend Approval of a Resolution Adopting the Saint Helena Police Department Policy 707 "Military Equipment".
ATTACHMENTS
Attachment 1 - Policy 707 Public Hearing Notice
Attachment 2 - St. Helena Police Department Military Equipment 707 Policy Attachment 3 - Assembly Bill No. 481
Attachment 4 - AB481 Resolution Military Equipment
Attachment 5 - Presentation
Agenda Item #8.1.
CITY OF ST. HELENA
CITY COUNCIL PUBLIC HEARING NOTICE
On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the approval, funding, acquisition, and use of "military equipment" by law enforcement agencies. California Government Code section 7071 requires a law enforcement agency's military equipment policy, which includes the type of "military equipment" the department currently possesses or may acquire and use, be approved by the governing body (City Council). This section also requires the Saint Helena Police Department to post on the department website the proposed military equipment policy at least 30 days prior to the policy being presented to the City Council for approval.
Staff will present the Saint Helena Police Department Military Equipment Policy (Lexipol Policy 709) to the City Council for consideration on May 24, 2022, at a regular scheduled meeting beginning at 6:00 p.m., or soon thereafter. The policy being presented can be found on the preceding pages of this communication. It is important to understand that what is defined as "military equipment" by the California State Legislature is not related to whether or not the equipment was acquired through military sources. The Saint Helena Police Department does not possess or use any equipment specifically designed for military use as defined in Government Code section 7070 (c), nor has the department acquired any equipment through a military surplus program, commonly known as the "1033 Program" (10 USC 2576a).
Copies of agendas and staff reports are available on the Friday afternoon immediately preceding the hearing the City’s website at cityofsthelena.org. Public comment for City Council meetings will be accepted via email to [email protected]. All public comments must be emailed by 3:00 PM prior to the meeting. Emailed public comments will not be read out loud but will be publicly available and attached to the on-line City Council agenda. Please see the end of the City Council agenda for detailed PUBLIC PARTICIPATION instructions.
Community members having questions regarding this policy to contact Chief Chris Hartley [email protected] or by calling 707-967-2850. Chief Hartley welcomes your comments and inquiries about the policy on Military Equipment and conformance with the new legislation on the approval, acquiring, possession, use, and reporting of military equipment defined in Government Code section 7070.
Chris Hartley, Chief of Police
April 12, 2022
Agenda Item #8.1.
Policy
707
St. Helena Police Department
St Helena PD Policy Manual
Copyright Lexipol, LLC 2022/06/06, All Rights Reserved.
Published with permission by St. Helena Police Department ***DRAFT*** Military Equipment - 1 Military Equipment
707.1 PURPOSE AND SCOPE
State
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
707.1.1 DEFINITIONS
State
Definitions related to this policy include (Government Code § 7070):
Governing body – The elected or appointed body that oversees the Department.
Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
Agenda Item #8.1.
St. Helena Police Department
St Helena PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/06/06, All Rights Reserved.
Published with permission by St. Helena Police Department ***DRAFT*** Military Equipment - 2 707.2 POLICY
State
It is the policy of the St. Helena Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 707.3 MILITARY EQUIPMENT COORDINATOR
Best Practice MODIFIED
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of St. Helena Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
707.4 MILITARY EQUIPMENT INVENTORY
State MODIFIED
The following constitutes a list of qualifying equipment for the Department:
Currently the Saint Helena Police Department does not use, possess, or allocate funds for the listed Military Equipment per (Government Code § 7070). 707.5 APPROVAL
State MODIFIED
The Chief of Police or the authorized designee shall obtain approval from the governing body, prior to acquiring any listed military equipment by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure Agenda Item #8.1.
St. Helena Police Department
St Helena PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/06/06, All Rights Reserved.
Published with permission by St. Helena Police Department ***DRAFT*** Military Equipment - 3 the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 707.6 COORDINATION WITH OTHER JURISDICTIONS
State MODIFIED
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy.
Outside agencies responding to this jurisdiction as mutual aid per the request of the Saint Helena Police Department shall adhere to their approved policy as approved by, the responding agencies governing body in accordance with (Government Code § 7071). 707.7 ANNUAL REPORT
State MODIFIED
Upon approval of a military equipment policy, the Chief of Police or the authorized designee shall submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).
The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory.
Agenda Item #8.1.
St. Helena Police Department
St Helena PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/06/06, All Rights Reserved.
Published with permission by St. Helena Police Department ***DRAFT*** Military Equipment - 4 707.8 COMMUNITY ENGAGEMENT
State
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
Agenda Item #8.1.
Assembly Bill No. 481
CHAPTER 406
An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment. [Approved by Governor September 30, 2021. Filed with
Secretary of State September 30, 2021.]
legislative counsel’s digest
AB 481, Chiu. Law enforcement and state agencies: military equipment:
funding, acquisition, and use.
Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessary to the execution of its powers and duties as the state agency for the distribution of federal personal surplus property, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delivery of purchases before payment, or which prevents the local agency from bidding on federal surplus property.
Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency.
This bill would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the military equipment does not comply with the above-described standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing
92 Agenda Item #8.1.