Agenda, regular meeting — St. Helena City Council, July 25, 2023 (part 2 of 3)

SECTION 1. The above recitals are true and correct
and are incorporated herein by this reference.

SECTION 2. Travel is not a CEQA project;
SECTION 3. Approves out-of-state travel for Clara
Ibarra to attend the Guadalajara International Book Fair in Guadalajara, Mexico as representative of and buyer for the St. Helena Public Library from November 24-27, 2023.

Approved at a Regular Meeting of the St. Helena City
Council on July 25, 2023 by the following vote:

Mayor Paul Dohring: _____
Vice Mayor Eric Hall: _____
Council Member Anna Chouteau: _____
Council Member Lester Hardy: _____
Council Member Billy Summers: _____
APPROVED: ATTEST:
_____________ _____________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City
Clerk
Agenda Item #9.6.

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Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: July 25, 2023
FROM: Eric Janzen, Assistant Public Works Director
SUBJECT: A Resolution of the City of St. Helena City Council authorizing the City Manager to execute Amendment No. 5 to STH Contract: FY 2019-075 in the amount of $122,000
to the Professional Services Agreement with BKF for the Main Street St. Helena Pedestrian Improvements Project, for a total not-to-exceed of $1,045,600 and authorizing a budget increase of $122,000 to design in CIP Project R18- 81 with funding allocated from Fund 240.

RECOMMENDED
ACTION:

Approve Resolution.

PREVIOUS COUNCIL
ACTION:

May 28, 2019
June 11, 2019.

November 9, 2021
December 14, 2021
March 28, 2023

STATEMENT OF THE
PURPOSE:

Need to expand design scope/fee for Main Street
Pedestrian Improvements Project to incorporate the
Cultivate St Helena elements into the final plans,
specifications and estimate.

FINANCIAL IMPACT: Approval of resolution authorizing Amendment No. 5 to STH Contract: FY 2019-075 with BKF for CIP Project R18-81 will increase the not-to-exceed cost of the project to by
$122,000 to a total of $1,045,600.

BACKGROUND:

The City of St. Helena has contracted with BKF Engineering to provide engineering and landscape architect services for the Main Street St. Helena Pedestrian Improvements Project (CIP Project ID. #R18-81). On December 11, 2018, the City Council approved STH Contract: FY 2019-075 with BKF in the amount of $529,000 for engineering and landscaping services for the Main Street St. Helena Pedestrian Improvements Project.

DISCUSSION:

The City Council, in consultation with the City Manager, has directed Staff to incorporate the design elements of the Cultivate St. Helena program into the south segment of CIP Project #R18-81. This change represents an expansion of the scope approved under Amendment No. 4. BKF has prepared a scope of services and cost schedule to implement Agenda Item #9.7.

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this change. Staff wish to amend the contract with BKF to provide the desired additional engineering and landscape architect services.

BKF has special knowledge of this project and had developed 90% plans for the southern segment prior to November 9th, 2021 decision to segment the project. Continuing to work with BKF preserves this past work and is the most cost-effective solution to make the project bid ready.

ENVIRONMENTAL REVIEW: Exempt
DOCUMENTS ATTACHMENTS:

Resolution.Amendment BKF Contract.amendment 5.2023
BKF_ Amendment #5 STH Contract FY2019-075.20230621
2023_0605_Main_St_PSE_Amendment_5
Agenda Item #9.7.

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CITY OF ST. HELENA
RESOLUTION NO. 2023-
Resolution of the City Council
of the City of St. Helena
authorizing the City Manager to
execute Amendment No. 5 to
STH Contract: FY 2019-075 in
the amount of $122,000 to the
Professional Services
Agreement with BKF for the
Main Street St. Helena
Pedestrian Improvements
Project, for a total not-toexceed of $1,045,600 and
authorizing a budget increase
of $122,000 to design in CIP
Project R18-81 with funding
allocated from Fund 240
WHEREAS, the City of St. Helena has contracted with
BKF Engineering to provide engineering and
landscape architect services for the Main Street St.

Helena Pedestrian Improvements Project (CIP Project
ID. #R18-81); and
WHEREAS, on December 11, 2018, the City Council
approved STH Contract: FY 2019-075 with BKF in the
amount of $529,000 for engineering and landscaping
services for the Main Street St. Helena Pedestrian
Improvements Project; and
WHEREAS, the City is prepared to move forward with the
southern segment of the Main Street St. Helena
Pedestrian Improvements Project (Main Street from
the Sulphur Creek Bridge to Adams Street); and
WHEREAS, the City wishes to amend the contract with
BKF to provide engineering and landscape architect
services to include design elements identified in the
Cultivate St. Helena streetscape plan, incorporate
these additional design elements into the bid
documents, technical specifications and engineer’s
estimate contracted under Amendment No. 4; and
Agenda Item #9.7.

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WHEREAS, BKF has special knowledge for the southern
segment of this project; and
WHEREAS, continuing to work with BKF preserves this
past work and is the most cost-effective solution to
complete the project; and
WHEREAS, additional funding in the amount of $122,000
has been requested for a total not-to-exceed contract
of 1,045,600; and
WHEREAS, additional funds needed for the work are
available in Fund 240.

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. Authorizes the City Manager to execute
Amendment No. 5 to STH Contract: FY 2019-075 in
the amount of $122,000 to the Professional Services
Agreement with BKF for the Main Street St. Helena
Pedestrian Improvements Project, for a total not-toexceed amount of $1,045,600.

SECTION 3. Authorizing a budget increase of $122,000 to design in CIP Project R18-81 with funding allocated
from Fund 240.

Approved at a Regular Meeting of the St. Helena City
Council on July 25, 2023, by the following vote:

Mayor Paul Dohring: _____
Vice Mayor Eric Hall: _____
Council Member Anna Chouteau: _____
Council Member Lester Hardy: _____
Council Member Billy Summers: _____
Agenda Item #9.7.

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APPROVED: ATTEST:
_____________ _____________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City
Clerk
Agenda Item #9.7.

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Page 1 of 5 ends

Third Amendment to Professional Services Agreement STH Contract: FY 2019-075 Consultant: BKF Engineers
AMENDMENT #5
TO PROFESSIONAL SERVICES AGREEMENT WITH BKF ENGINEERS; STH CONTRACT NO: FY 2019-075 FOR PROFESSIONAL SERVICES FOR MAIN STREET ST. HELENA PEDESTIONS IMPROVEMENTS AS PART OF CAPITAL IMPROVEMENT PROJECT R18-81 FOR AN ADDITIONAL $122,000 FOR A TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $1,045,600.00.

This Fifth Amendment to Professional Services Agreement STH Contract: FY 2019-075 dated December 11, 2018 ("Agreement") is made as of this 25th day of July, 2023 by and between the City of St. Helena, a municipal corporation ("City"), and BKF Engineers ("Consultant").

RECITALS
A. On December 11, 2018, the City and Consultant entered into the Agreement for Consultant to provide professional engineering and landscaping services in connection with the project described as St. Helena Downtown Improvements; and B. On May 28, 2019, City Council authorized Amendment No. 1 in the amount of $74,100 to include fiber light pole coordination, a southern gateway study, input on the downtown restrooms, and additional environmental work as required by Caltrans to complete the downtown pedestrian improvements; and
C. On June 11, 2019, City Council authorized Amendment No. 2 in the amount of $32,500 to include the Napa Valley Vine Trait's Feasibility Study to bring the Vine Trail through St. Helena and a 50% cost share to complete the work for a total amended not-toexceed amount of the agreement of $635,600; and D. On December 14, 2021, City Council authorized Amendment No. 3 in the amount of $146,000 to segment the project plans into northern and southern segments, obtain title reports for both segments and prepare additional right-of-way exhibits for the northern segment only for a total not-to-exceed amount of the agreement of $781,600.

E. On March 28, 2023, the City Council authorized Amendment No. 4 in the amount of $155,000 to finalize design work on the southern segment of the project, Main Street from Adams Street to Mitchell Drive for a total not-to-exceed amount of the agreement of $923,600.

F. The City Council now wishes to incorporate into the southern segment of CIP Project #R18-81 the design elements of the Cultivate St. Helena program.

G. The City and BKF Engineers now desire to amend the Agreement to include the additional funding necessary for the Consultant to provide additional Engineering and Landscaping Consulting Services for the Main Street St. Helena Pedestrian Improvements, Capital Improvement Project R18-81 with this Amendment No. 5.

AGREEMENT
NOW, THEREFORE, in consideration of the promises and of the mutual covenants and agreements herein contained, for good and valuable consideration, the adequacy of which is Agenda Item #9.7.

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Page 2 of 5 ends

Third Amendment to Professional Services Agreement STH Contract: FY 2019-075 Consultant: BKF Engineers
hereby acknowledged, the parties agree to amend the Agreement as follows:

1. Section 1. Basic Services
Parties agree to amend Section 1, "Basic Services" of the Agreement to provide additional services, as outlined in Exhibit A, "Scope of Work" attached hereto.

2. Section 4.A Compensation and Method of Payment, is amended to read as follows:
"Total compensation shall not exceed $1,045,600.00 ... " Original Agreement Amount $529,000.00
Amendment No. 1
Amendment No. 2
Amendment No. 3
Amendment No. 4
Amendment No. 5
$74,100.00
$32,500.00
$146,000.00
$151,000.00
$122,000.00
Total Compensation $1,045,600.00
All other terms of the Agreement shall remain in full force and effect.

Entered as of the day and year first above stated.

CONSULTANT: BKF Engineers
Signatures of Authorized Persons:

By: _____________________________

Print Name:_______________________
Title: ____________________________
CITY OF ST. HELENA
a Municipal Corporation
By:_________________________________
Print Name: Anil Comelo
Title: City Manager
APPROVED AS TO FORM:
____________________________
Ethan Walsh, City Attorney
ATTEST:
____________________________
Cindy Tzafopoulos, City Clerk
Agenda Item #9.7.

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Page 3 of 5 ends

Third Amendment to Professional Services Agreement STH Contract: FY 2019-075 Consultant: BKF Engineers
Attachments:

Exhibit A: "Scope of Services"
Exhibit B: "Compensation"
Agenda Item #9.7.

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Page 4 of 5 ends

Third Amendment to Professional Services Agreement STH Contract: FY 2019-075 Consultant: BKF Engineers
Exhibit A
Scope of Services
Agenda Item #9.7.

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Page 5 of 5 ends

Third Amendment to Professional Services Agreement STH Contract: FY 2019-075 Consultant: BKF Engineers
Exhibit B
Compensation
Agenda Item #9.7.

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BKF ENGINEERS
1646 N. California Blvd., Suite 400, Walnut Creek, CA 94596 | 925.940.2200 June 5, 2023
BKF No 20181627
Joe Leach, PE
Director of Public Works
City of St. Helena
Direct: 707-968-2629
Transmitted via email: [email protected]
Subject: Main Street Downtown Improvements
Amendment 5 Scope of Work
Dear Joe,
BKF Engineers welcomes the opportunity to submit this scope associated with new services related to the Main Street Project located in the City of St. Helena, California. To arrive at the estimated effort required by our office for this project, we have outlined a proposed scope of services, identified assumptions, and determined a level of effort fee based on our understanding of the project.

BACKGROUND/NEED
We understand the intent within the downtown sidewalk improvement project to incorporate additional elements from the original 'Cultivate St. Helena' visioning project into Phase 2. Specifically, we need to include an 'Artist Walk' and add bulbouts at Adams and Pine Streets.

Additionally, there are recent modifications to the procedures related to encroachments permits and work within the state highway system by Caltrans. Caltrans has introduced the Caltrans DEER (Design Engineering Evaluation Report) process, which ensures that proposed encroachments within the Caltrans right-of-way (R/W) comply with Caltrans' standards, guidelines, and safety requirements. The DEER process aims to promote safety, compliance, efficiency, and collaboration in the design and construction of such encroachments, thereby enhancing the overall quality, reliability, and safety of California's transportation infrastructure. The threshold for the DEER process varies based on standard/non-standard features, R/W, traffic, and cost among other items.

SCOPE OF SERVICES
Scope Items Include:

1. Environmental Support – (CEQA/NEPA and cultural) M-Group a. Update Project Description
b. Support with Tribal Consultation/MOU
c. Update Exemption Justification +NOE
d. Memo on Historic to validate project compliance

2. Landscape/Civil Design – BKF Engineers and David Gates & Associates a. Artist Walk per the Cultivate St. Helena master plan documentation b. Bulb-outs at Adams and Pine to be included in Phase 2 (other bulb-outs contemplated by the Cultivate St. Helena master plan are covered in the prior amendment) Agenda Item #9.7.

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June 5, 2023

Page 2 of 2 ends

3. Caltrans District/Headquarters Permitting – DEER processing (Optional Services) - BKF Engineers Based on a recent project in Concord we believe that the new Caltrans DEER process may be triggered with the improvement contemplated with non-standard features in the Right of Way, maintenance agreement modifications, and signal modifications. We have assumed that Caltrans will not require any traffic studies associated with the process and that no additional work will be required to correct existing non-standard features (e.g. off-set intersection at Pope/Mitchell)

a. Caltrans DEER Initial Process – we have assumed that the City would be the main contact with Caltrans
i. Develop QMP and DEER Checklist
ii. Prepare GAD Refinements
iii. Prepare DSDD Approval of Non-Standard Features
iv. Work with Caltrans through the City on processing the information through District 4 b. Caltrans DEER Documentation
i. Prepare Storm Water Data Report
ii. Prepare Utility, R/W, and ADA Certifications
iii. Work with Caltrans through the City on processing info and gaining approval

4. Survey Mapping – BKF Engineers
a. BKF will prepare a plat and legal description that can be used to delineate the location for a public access easement or other legal strategy to accommodate public use of the area.

LEVEL OF EFFORT
Below is a matrix indicating the fee based on the anticipated level of effort fee for each task:

Task Description M-Group BKF DGA Fee
1 Environmental $10,900 $1,700 $12,600
2 Landscape/Civil Design $11,000 $6,000 $17,000
3a Caltrans DEER Initial Process $55,000 $55,000
3b Caltrans DEER Documentation $35,000 $35,000
4 Artist Walk Legal Description $2,400 $2,400
Total $10,900 105,100 6,000 122,000
Thank you for the opportunity to present this amendment for additional work scope. We look forward to assisting in completing this project. Please contact me at 650-280-0309 if you have any questions regarding our scope of services.

Respectfully,
BKF Engineers
Daniel Schaefer, PE
Principal/Vice President
Agenda Item #9.7.

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Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Human Resources
DATE: July 25, 2023
FROM: Mandy Kellogg, Administrative Services Director
SUBJECT: Proposed Approval of a Resolution Adopting and Approving Publicly Available Pay Schedule in Accordance with the
Requirement of California Code of Regulations, Title 2, Section 570.5, for the St. Helena Professional Firefighters (SHPFA) Member Classifications.

RECOMMENDED
ACTION:

Staff recommends approval the attached resolution.

PREVIOUS COUNCIL
ACTION:

June 13, 2023 - Adoption of Budget
June 27, 2023 - Approval of MOU

STATEMENT OF THE
PURPOSE:

Approve and adopt SHPFA salary schedules effective July 1, 2023 and January 1, 2024 in accordance with the
approved salary increases outlined in the Memorandum of Understanding.

FINANCIAL IMPACT: The fiscal impact of this action is $62,415 to the General Fund (101) and has been included in the Fiscal Year 2023- 24 and 2024-25 annual budget adopted by City Council on June 13, 2023 via Resolution 2023-66 and was the
estimated impact for FY 2023-24 upon approval of the
MOU.

BACKGROUND:

The City of St. Helena contracts with the California Public Employees Retirement System (CalPERS) to provide retirement benefits for its employees. As a public employer, the City must abide by the Government Code when establishing and reporting employee compensation. The California Code of Regulations (CCR) Title 2, Section 570.5 (Section 570.5) provides that each pay schedule meets the following requirements:
• Has been duly approved and adopted by the employer’s governing body in accordance with requirements of applicable public meeting laws. • Identifies the position title for every employee position. • Shows the pay rate for each position.
• Indicates the time base for each pay rate.
• CalPERS uses the City’s pay schedules to determine final compensation and to calculate retirement benefits for the City’s employees. Inaccurate pay schedules could negatively impact an employee’s final retirement calculation or delay receipt of the appropriate retirement compensation.

Agenda Item #9.8.

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Based on salary adjustments scheduled in the St. Helena Professional Firefighters Association Memorandum of Understanding it is necessary to adopt new salary schedules for Fiscal Year 2023-24 effective July 1, 2023 and January 1, 2024.

DISCUSSION:

The St. Helena Professional Firefighters Association Memorandum of Understanding (MOU) effective July 1, 2022 – June 30, 2025 was ratified on June 27, 2023 and authorized salary adjustments throughout the term of the agreement.

The approved MOU provides an annual Cost of Living Adjustments (COLA) made on July 1st of each year of the agreement. Fiscal Year 2023-24 includes a COLA as follows:
• 7/1/23 - San Francisco/Oakland/Hayward CPI-U (April/April) minimum increase of 3% and a maximum increase of 5%
Based on data collected from the U.S. Bureau of Labor Statistics the San Francisco/Oakland/Hayward CPI-U (April/April) for the FY 2023-24 calculations is 4.2%.

The approved MOU also provides equity adjustments in Fiscal Year 2023-24. The City will provide equity adjustments for SHPFA represented positions until each classification is within 5% of salary market median (95%) based on updated information from Ralph Anderson & Associates. Annual CPI increases for both City of St. Helena and the 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:
• 7/1/23 - 2% equity adjustment
• 1/1/24 - 2% equity adjustment
July 1st equity adjustments will be combined with the COLA for salary adjustment calculations.

The attached updated Salary Schedules reflects the July 1, 2023 COLA (Attachment A) and equity adjustment of a maximum of two percent (2%) base salary increase for the following classifications effective July 1, 2023 (Attachment A) and January 1, 2024 (Attachment B).

DOCUMENTS ATTACHMENTS:

Resolution FY23-24 Updated SHPFA Salary Schedules
Attachment A - FY23-24 SHPFA Salary Schedule Effective 2023.07.01 Attachment B - FY23-24 SHPFA Salary Schedule Effective 2024.01.01 Agenda Item #9.8.

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CITY OF ST. HELENA
RESOLUTION NO. 2023-__
Duly adopting and approving publicly available pay schedule for St. Helena Professional Firefighters Association in accordance with the requirement of California Code of Regulations, Title 2, Section 570.5, which includes revised salary schedules for the St.

Helena Professional Firefighters Association effective July 1, 2023 and January 1, 2024.

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

1. That the City of St. Helena Publicly Available Salary Schedules as follows:
a. Attachment A – St. Helena Professional Firefighters Association Salary Schedule Effective July 1, 2023
b. Attachment B – St. Helena Firefighters Association Salary Schedule Effective January 1, 2024
are hereby approved and adopted in accordance with the requirements of California Code of Regulations, Title 2, Section 570.5, and Agenda Item #9.8.

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2. 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 July 25, 2023, by the following vote:

Mayor Paul Dohring:

Vice Mayor Eric Hall:

Council Member Anna Chouteau:

Council Member Lester Hardy:

Council Member Billy Summers:

APPROVED: ATTEST:
________________________ ________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #9.8.

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CITY OF ST. HELENA PUBLICLY AVAILABLE SALARY SCHEDULE
Position Timebase* A B C D E
Full-time Fire Department Positons
Firefighter Annual (1) 88,028 92,430 97,051 101,904 106,999 Monthly (1) 7,336 7,702 8,088 8,492 8,917
Hourly 30.23 31.74 33.33 34.99 36.74
Engineer Annual (1) 94,884 99,628 104,610 109,840 115,332 Monthly (1) 7,907 8,302 8,717 9,153 9,611
Hourly 32.58 34.21 35.92 37.72 39.61
Captain Annual (1) 99,616 104,597 109,826 115,318 121,084 Monthly (1) 8,301 8,716 9,152 9,610 10,090
Hourly 34.21 35.92 37.72 39.60 41.58
(1) Annual and Monthly salaries are based on a 56-hour work period with a total of 2,912 hours worked annually. (2) 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
(5) Uniform Allowance - Employees shall receive uniform allowance in the amount $1,200 divided evenly amongst 26 pay periods. (3) 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. (4) Holiday Pay - Full-time employees will accrue 3.69 hours per pay period, which will be paid out each pay period at the employee's current hourly rate. *Annual timebase payrate is rounded up to the nearest whole dollar, while all other timebase payrates are rounded to the nearest cent St. Helena Professional Firefighters Association
Approved and Adopted July 25, 2023
Effective July 1, 2023
FY 2023-2024
Steps
Administrative Services Department Page 1 7/20/2023

ATTACHMENT A
Agenda Item #9.8.

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CITY OF ST. HELENA PUBLICLY AVAILABLE SALARY SCHEDULE
Position Timebase* A B C D E
Full-time Fire Department Positons
Firefighter Annual (1) 88,028 92,430 97,051 101,904 106,999 Monthly (1) 7,336 7,702 8,088 8,492 8,917
Hourly 30.23 31.74 33.33 34.99 36.74
Engineer Annual (1) 96,013 100,814 105,855 111,147 116,705 Monthly (1) 8,001 8,401 8,821 9,262 9,725
Hourly 32.97 34.62 36.35 38.17 40.08
Captain Annual (1) 101,608 106,689 112,023 117,624 123,505 Monthly (1) 8,467 8,891 9,335 9,802 10,292
Hourly 34.89 36.64 38.47 40.39 42.41
(1) Annual and Monthly salaries are based on a 56-hour work period with a total of 2,912 hours worked annually. (2) 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
(5) Uniform Allowance - Employees shall receive uniform allowance in the amount $1,200 divided evenly amongst 26 pay periods. (4) Holiday Pay - Full-time employees will accrue 3.69 hours per pay period, which will be paid out each pay period at the employee's current hourly rate. *Annual timebase payrate is rounded up to the nearest whole dollar, while all other timebase payrates are rounded to the nearest cent St. Helena Professional Firefighters Association
Approved and Adopted June 25, 2023
Effective January 1, 2024
FY 2023-2024
Steps
(3) 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.

Administrative Services Department Page 1 7/20/2023

ATTACHMENT B
Agenda Item #9.8.

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Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Human Resources
DATE: July 25, 2023
FROM: Lesley Milton, Asst. to the City Manager, Mandy Kellogg, Administrative Services Director
SUBJECT: Proposed Approval of a Resolution (1) Adopting and Approving Publicly Available Pay Schedule in Accordance with the Requirement of California Code of Regulations, Title 2, Section 570.5, for members covered under the
Unrepresented Compensation Program and (2) Approving
a Pay for Performance Plan.

RECOMMENDED
ACTION:

Staff recommends approval of the attached resolution.

PREVIOUS COUNCIL
ACTION:

July 26, 2022 - Approval of MOU
June 13, 2023 - Adoption of Budget

STATEMENT OF THE
PURPOSE:

Approve and adopt salary schedules for Unrepresented
classifications, which includes Mid-management and
Executive classifications, effective July 1, 2023 and
January 1, 2024 in accordance with the approved salary
increases outlined in the Unrepresented Compensation
Program and approve a Pay for Performance Plan.

FINANCIAL IMPACT: The approved MOU estimated the FY 2023-24 budget impact to be $190,390 and is broken down as follows:

General Fund (101) - $145,568
Water Fund (561) - $24,816
Wastewater Fund (571) - $19,487
Bocce Fund (286) - $519
The additional fiscal impact of the actions to increase the Chief Building Official classification salary by 12.8%, increase all other classification salaries by 10.0%
(excluding City Manager classification), and the total
potential cost of the Pay for Performance Plane is an
increase of $182,518 as follows:

General Fund (101) - $145,906
Water Fund (561) - $21,145
Wastewater Fund (571) - $15,337
Bocce Fund (286) - $130
Agenda Item #9.9.

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The total increase has been included in the Fiscal Year 2023-24 and 2024-25 annual budget adopted by City
Council on June 13, 2023 via Resolution 2023-66.

BACKGROUND:

Updated Salary Schedules
The City of St. Helena contracts with the California Public Employees Retirement System (CalPERS) to provide retirement benefits for its employees. As a public employer, the City must abide by the Government Code when establishing and reporting employee compensation. The California Code of Regulations (CCR) Title 2, Section 570.5 (Section 570.5) provides that each pay schedule meets the following requirements:
• Has been duly approved and adopted by the employer’s governing body in accordance with requirements of applicable public meeting laws. • Identifies the position title for every employee position. • Shows the pay rate for each position.
• Indicates the time base for each pay rate.
• CalPERS uses the City’s pay schedules to determine final compensation and to calculate retirement benefits for the City’s employees. Inaccurate pay schedules could negatively impact an employee’s final retirement calculation or delay receipt of the appropriate retirement compensation.

Based on salary adjustments scheduled in the Unrepresented Compensation Program it is necessary to adopt new salary schedules for Fiscal Year 2023-24 effective July 1, 2023 and January 1, 2024.

DISCUSSION:

Updated Salary Schedules
The Unrepresented Compensation Program effective July 1, 2022 – June 30, 2025 was ratified on July 26, 2022 and authorized salary adjustments throughout the term of the agreement.

Agenda Item #9.9.

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The approved MOU also provides equity adjustments in Fiscal Year 2023-24. The City will provide equity adjustments for Unrepresented positions until each classification is within 5% of salary market median (95%) based on updated information from Ralph Anderson & Associates. Annual CPI increases for both City of St. Helena and the market jurisdictions (refreshed annually) are to be considered for purposes of this calculation.

In alignment with City Council Goal 6: Enhance Employee Morale & Retention and Goal 7: Organizational Effectiveness and Service Delivery, staff recommends City Council consider the following:

1. Recommended Salary Increase
Over the course of the next 5 years, staff will be working on several key initiatives and high-priority projects, which includes delivering $55 million in Capital Improvement projects. In order to retain talent in both the Executive and Mid-Management teams and ensure staffing stability during this critical time a recommendation has been made to increase the Chief Building Official classification salary by 12.8% and increase all other salaries for classifications covered by the Unrepresented Compensation Program by 10% (excluding City Manager classification) effective July 1, 2023. This will be in lieu of the previously approved salary increase of a maximum of 6.2% on July 1, 2023 (4.2% Cola + 2% Equity) and an additional maximum of 2.0% on January 1, 2024 for eligible positions.

The City continues to compete for talent with the surrounding jurisdictions which is becoming more difficult as the City's salaries are significantly lower. Below is the data from the upper valley agencies to illustrate the City's current competitive disadvantage as it relates to recruitment and retention of executive classifications.

Classification Calistoga Yountville St. Helena Average
Difference
Average %
Difference
Administrative
Services
Director
221,544 200,338 174,101 (36,840) -21.2%
Assistant City
Manager 238,584 N/A 210,001 (28,583) -13.6%
Chief of Police 238,584 N/A 198,302 (40,282) -20.3%
City Clerk 135,924 129,794 132,569 (290) -0.2%
Agenda Item #9.9.

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Community
Development
Director
221,544 200,338 197,000 (13,941) -7.1%
Director of
Public Works 221,544 217,756 197,000 (22,650) -11.5%
Fire Chief 238,584 N/A 193,861 (44,723) -23.1%
Library
Director N/A N/A 162,204 N/A N/A
Parks &
Recreation
Director
221,544 200,338 168,501 (42,440) -25.2%

2. Recommended Comparable Cities
As an additional analysis, the City reevaluated the comparable cities that were utilized in the market data analysis and made a recommendation to update the list. The new cities more accurately reflect our employment market in terms of where our employees reside, where we recruit employees from, and agencies that St. Helena is competing with for employees. By adjusting the comparable cities, our labor market data will more accurately establish the City's competitive status and with appropriate adjustments, assist with retention and recruitment of employees. Below is comparison between the previous list and the updated list:

3. Pay for Performance Plan
City of St. Helena Performance Evaluation Process
The current process of annual evaluations is structured to focus on the measurement of past performance, with intent to set measurable performance standards and goals to measures against on an periodic basis. The current St. Helena process requires Agenda Item #9.9.

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evaluations at 6 months of employment, then every six months until the employee reaches the final pay structure (level E) of the pay scale, after which they are assessed every 12 months.

The current performance levels that are defined in the City of St. Helena Employee Handbook include the following ratings:
•Consistently Exceeds Expectations
•Successfully Meets Expectations
•Improvement Needed
•Unsatisfactory
Per The handbook, if an employee’s supervisor rates the employee as “Successfully Meets Expectations” or higher and has not yet achieve Level E of the pay scale, they are recommended for advancement to the next pay scale.

Proposed Modifications
Staff recommends approval of a mechanism to reward Mid-Level Managers and Executive employees for exceeding expectations of performance based on an agreed upon list of objectives, above and beyond their typical duties.

Pay-for-Performance or Merit pay systems are based on the philosophy that individuals should be paid according to their contributions. Pay increases are based on the employee’s exceptional performance rather than seniority, equality, or need. Pay-for Performance pay researchers suggest that in order to have a successful merit pay system the following components must exist:

1. Performance must be clearly defined

2. Rewards must be communicated to employees

3. Rewards must be made contingent upon desired performance

4. Opportunities to improve performance must exist, and

5. Perceived relationship between rewards and performance should be viewed as important as the actual relationship.

If approved, this would be part of a reinvigoration of the City's annual evaluation process which will modify evaluations establishing and measuring completion of SMART goals which requires the establishment of goals that are specific, measurable, achievable, relevant and time sensitive with tangible objectives.

A staff member in the Unrepresented Employee Compensation group receiving a rating of "Successfully Meets" or "Consistently Exceeds" Expectations would be eligible for up to $1,000 for Mid-Level Managers and up to $3,000 for Executive Managers, at the discretion of the City Manager. Employees who receive an “unsatisfactory” or “improvement needed” do not advance to the next level in the pay scale and are not eligible for any special performance awards.

Agenda Item #9.9.

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The City’s pay-for-performance philosophy recognizes that not all employees perform at the same level and therefore this process allows the City Manager the ability to reward employees based on contributions and overall performance. Rewards will be given based on the following criteria: performance appraisals, market salary conditions, and budget availability. The incentive amount would pay over and above any base increase and would be given as a one-time award annually and will not calculate into the employees ongoing base salary. Acceptance of the reward will be voluntary, not mandatory.

The total impact if all eligible classifications received the maximum bonus would be as follows:

Classification
Category
# Employees In
Classification PFP Award Total Possible Annual Cost
Executive
Management 9 $3,000 $27,000
Mid-Management &
Confidential 11 $1,000 $11,000
Total Fiscal Impact $38,000
ENVIRONMENTAL REVIEW:

Not a CEQA project.

DOCUMENTS ATTACHMENTS:

Resolution FY23-24 Updated Unrepresented Program Salary Schedules Attachment A - FY23-24 Mid-Management Salary Schedule Effective 2023.07.01 Attachment B - FY23-24 Executive Salary Schedule Effective 2023.07.01 Exhibit 1 - Updated Comparable City List for Market Data Agenda Item #9.9.

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CITY OF ST. HELENA
RESOLUTION NO. 2023-__
Duly adopting and approving publicly available pay schedule for the Unrepresented Compensation Program in accordance with the requirement of California Code of Regulations, Title 2, Section 570.5, which includes revised salary schedules for the St. Helena Employees Association effective July 1, 2023 and Approve the Pay for Performance Program.

RECITALS
A. The City of St. Helena contracts with the California Public Employee’ Retirement System (“CalPERS”) to provide retirement benefits for its employees; and B. 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 C. During negotiations with the various bargaining units the City Council authorized a COLA up to 5% Based on data collected from the U.S. Bureau of Labor Statistics the San Francisco/Oakland/Hayward CPI-U (April/April), which was 4.2% effective July 1, 2023; and
D. City Council authorized up to a 2% Equity Adjustment on July 1, 2023 and January 1, 2024 for qualified positions; and
E. July 1st equity adjustments will be combined with the COLA for salary adjustment calculations; and
F. Staff recommends that the Chief Building Official classification receive a 12.8% increase and all other classifications covered under the Unrepresented Compensation Program (excluding City Manager classification) receive a 10.0% increase effective July 1, 2023 to aid with retention and competitive recruiting efforts; and G. Staff recommends an update to the comparable cities utilized for the salary market data analysis for classifications covered under the Unrepresented Compensation Program to more accurately reflect the City’s true market; and H. Staff recommends approval of a Pay for Performance Plan to reinvigorate the City's annual evaluation process which will modify evaluations establishing and measuring completion of SMART goals which requires the establishment of goals that are specific, measurable, achievable, relevant and time sensitive with tangible objectives.

Agenda Item #9.9.

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

1. That the City of St. Helena Publicly Available Salary Schedules as follows:
a. Attachment A – Unrepresented Mid-Management Salary Schedule Effective July 1, 2023
b. Attachment B – Unrepresented Executive Salary Schedule Effective January 1, 2024
are hereby approved and adopted in accordance with the requirements of California Code of Regulations, Title 2, Section 570.5, and

2. 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; and

3. Approve the update to the comparable cities utilized for the salary market data analysis for classifications covered under the Unrepresented Compensation Program (Exhibit 1); and

4. Approve the Pay for Performance Program.

Approved at a Regular Meeting of the St. Helena City Council on July 25, 2023, by the following vote:

Mayor Paul Dohring:

Vice Mayor Eric Hall:

Council Member Anna Chouteau:

Council Member Lester Hardy:

Council Member Billy Summers:

APPROVED: ATTEST:
________________________ ________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #9.9.

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CITY OF ST. HELENA PUBLICLY AVAILABLE SALARY SCHEDULE
Classification Timebase* A B C D E
Management Analyst Annual 91,739 96,326 101,142 106,199 111,509 Monthly 7,645 8,027 8,429 8,850 9,292
Hourly 44.11 46.31 48.63 51.06 53.61
Senior Management Analyst Annual 100,315 105,330 110,597 116,127 121,933 Monthly 8,360 8,778 9,216 9,677 10,161
Hourly 48.23 50.64 53.17 55.83 58.62
Public Works Assistant Operations Annual 107,041 112,393 118,013 123,913 130,109 Monthly 8,920 9,366 9,834 10,326 10,842
Hourly 51.46 54.04 56.74 59.57 62.55
Senior Planner Annual 109,173 114,631 120,363 126,381 132,700 Monthly 9,098 9,553 10,030 10,532 11,058
Hourly 52.49 55.11 57.87 60.76 63.80
Project Manager Annual 112,861 118,504 124,429 130,651 137,183 Monthly 9,405 9,875 10,369 10,888 11,432
Hourly 54.26 56.97 59.82 62.81 65.95
Public Works Operations Manager Annual 117,532 123,408 129,579 136,058 142,861 Monthly 9,794 10,284 10,798 11,338 11,905
Hourly 56.51 59.33 62.30 65.41 68.68
Treatment Plant Manager Annual 118,634 124,566 130,794 137,334 144,200 Monthly 9,886 10,380 10,899 11,444 12,017
Hourly 57.04 59.89 62.88 66.03 69.33
Lieutenant Annual 129,060 135,513 142,288 149,403 156,873 Monthly 10,755 11,293 11,857 12,450 13,073
Hourly 62.05 65.15 68.41 71.83 75.42
Chief Building Official Annual 131,683 138,267 145,180 152,439 160,061 Monthly 10,974 11,522 12,098 12,703 13,338
Hourly 63.31 66.47 69.80 73.29 76.95
Senior Civil Engineer Annual 132,854 139,497 146,471 153,795 161,485 Monthly 11,071 11,625 12,206 12,816 13,457
Hourly 63.87 67.07 70.42 73.94 77.64
Assistant Public Works Director Annual 140,249 147,261 154,624 162,356 170,473 Monthly 11,687 12,272 12,885 13,530 14,206
Hourly 67.43 70.80 74.34 78.06 81.96
Confidential Positions
Management Analyst (1) Annual 91,739 96,326 101,142 106,199 111,509 Monthly 7,645 8,027 8,429 8,850 9,292
Hourly 44.11 46.31 48.63 51.06 53.61
Senior Management Analyst (1) Annual 100,315 105,330 110,597 116,127 121,933 Monthly 8,360 8,778 9,216 9,677 10,161
Hourly 48.23 50.64 53.17 55.83 58.62
Mid-Management Exempt
Approved and Adopted July 25, 2023
Effective July 1, 2023
FY 2022-2023
Steps
Administrative Services Department Page 1 7/20/2023

ATTACHMENT A
Agenda Item #9.9.

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CITY OF ST. HELENA PUBLICLY AVAILABLE SALARY SCHEDULE
Approved and Adopted July 25, 2023
Effective July 1, 2023
FY 2022-2023
Classification Timebase* A B C D E
Assistant to City Manager (1) Annual 116,975 122,824 128,965 135,413 142,184 Monthly 9,748 10,235 10,747 11,284 11,849
Hourly 56.24 59.05 62.00 65.10 68.36
Human Resources Manager (1) Annual 116,975 122,824 128,965 135,413 142,184 Monthly 9,748 10,235 10,747 11,284 11,849
Hourly 56.24 59.05 62.00 65.10 68.36
Finance Manager (1) Annual 128,673 135,106 141,861 148,955 156,402 Monthly 10,723 11,259 11,822 12,413 13,034
Hourly 61.86 64.95 68.20 71.61 75.19
Assistant Administrative Services Director Annual 138,204 145,114 152,370 159,988 167,988 Monthly 11,517 12,093 12,697 13,332 13,999
Hourly 66.44 69.77 73.25 76.92 80.76
*Annual timebase payrate is rounded up to the nearest whole dollar, while all other timebase payrates are rounded to the nearest cent (1) Confidential Positions receive a 3% pay differential that is added to the employee's base salary. Confidential as defined is an employee having access in the course of his/her duties to confidential information on the employer's labor relations.

Steps
Administrative Services Department Page 2 7/20/2023
Agenda Item #9.9.

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Classification Timebase* A B C D E
City Clerk Annual 119,971 125,969 132,268 138,881 145,825 Monthly 9,998 10,497 11,022 11,573 12,152
Hourly 57.68 60.56 63.59 66.77 70.11
Library Director Annual 146,791 154,130 161,837 169,928 178,425 Monthly 12,233 12,844 13,486 14,161 14,869
Hourly 70.57 74.10 77.81 81.70 85.78
Parks & Recreation Director Annual 152,489 160,113 168,119 176,525 185,351 Monthly 12,707 13,343 14,010 14,710 15,446
Hourly 73.31 76.98 80.83 84.87 89.11
Administrative Services Director Annual 157,556 165,434 173,706 182,391 191,511 Monthly 13,130 13,786 14,475 15,199 15,959
Hourly 75.75 79.54 83.51 87.69 92.07
Fire Chief (1) Annual 213,247
Monthly 17,771
Hourly 102.52
Director of Community Development Annual 178,279 187,193 196,553 206,380 216,699 Monthly 14,857 15,599 16,379 17,198 18,058
Hourly 85.71 90.00 94.50 99.22 104.18
Director of Public Works Annual 178,279 187,193 196,553 206,380 216,699 Monthly 14,857 15,599 16,379 17,198 18,058
Hourly 85.71 90.00 94.50 99.22 104.18
Police Chief Annual 179,458 188,431 197,853 207,746 218,133 Monthly 14,955 15,703 16,488 17,312 18,178
Hourly 86.28 90.59 95.12 99.88 104.87
Assistant City Manager Annual 190,045 199,547 209,524 220,001 231,001 Monthly 15,837 16,629 17,460 18,333 19,250
Hourly 91.37 95.94 100.73 105.77 111.06
City Manager (1) Annual 235,072
Monthly 19,589
Hourly 113.02
(2) Salaries do not have a scale.
*Annual timebase payrate is rounded up to the nearest whole dollar, while all other timebase payrates are rounded to the nearest cent.

CITY OF ST. HELENA PUBLICLY AVAILABLE SALARY SCHEDULE
Executive Management - Department Heads
Approved and Adopted July 25, 2023
Effective July 1, 2023
FY 2023-2024
Steps
Administrative Services Department Page 1 7/20/2023

ATTACHMENT B
Agenda Item #9.9.

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Compensation Analysis – City Update
Previous Cities New Cities
Calistoga Calistoga
Napa Napa
Santa Rosa Santa Rosa
San Rafael San Rafael
Healdsburg Healdsburg
Benicia American Canyon
Albany Fairfield
Cotati Novato
Larkspur Petaluma
Mill Valley Rohnert Park
Napa County Vacaville
San Anselmo Yountville
Sonoma
Windsor
EXHBIT 1
Agenda Item #9.9.

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Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Human Resources
DATE: July 25, 2023
FROM: Mandy Kellogg, Administrative Services Director
SUBJECT: Proposed approval of a resolution Adopting and Approving the Publicly Available Pay Schedule in Accordance with the Requirement of California Code of Regulations, Title 2, Section 570.5, for the St. Helena Employees Association (SHEA).

RECOMMENDED
ACTION:

Staff recommends approval the attached resolution.

PREVIOUS COUNCIL
ACTION:

September 13, 2022 - Approval of MOU
June 13, 2023 - Adoption of Budget

STATEMENT OF THE
PURPOSE:

Approve and adopt SHEA salary schedules effective July 1, 2023 and January 1, 2024 in accordance with the approved salary increases outlined in the Memorandum of
Understanding.

FINANCIAL IMPACT: The approved MOU estimated the FY 2023-24 budget impact to be $186,318 and is broken down as follows:

General Fund (101) - $83,550
Water Fund (561) - $54,230
Wastewater Fund (571) - $43,525
Garage Fund (582) - $5,013
The additional fiscal impact of the action to increase the Underground Utilities and Treatment Plant classifications to Median and 75th percentile respectively is an increase of $119,000 as follows:

Water Fund (561) - $63,000
Wastewater Fund (571) - $56,000
The total increase has been included in the Fiscal Year 2023-24 and 2024-25 annual budget adopted by City
Council on June 13, 2023 via Resolution 2023-66.

BACKGROUND:

Agenda Item #9.10.

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• Has been duly approved and adopted by the employer’s governing body in accordance with requirements of applicable public meeting laws. • Identifies the position title for every employee position. • Shows the pay rate for each position.
• Indicates the time base for each pay rate.
• CalPERS uses the City’s pay schedules to determine final compensation and to calculate retirement benefits for the City’s employees. Inaccurate pay schedules could negatively impact an employee’s final retirement calculation or delay receipt of the appropriate retirement compensation.

Based on salary adjustments scheduled in the St. Helena Employees Association Memorandum of Understanding it is necessary to adopt new salary schedules for Fiscal Year 2023-24 effective July 1, 2023 and January 1, 2024.

DISCUSSION:

Scheduled Salary Adjustments
The St. Helena Employees Association Memorandum of Understanding (MOU) effective July 1, 2022 – June 30, 2025 was ratified on September 13, 2022 and authorized salary adjustments throughout the term of the agreement.

The approved MOU also provides equity adjustments in Fiscal Year 2023-24. The City will provide equity adjustments for SHEA represented positions until each classification is within 5% of salary market median (95%) based on updated information from Ralph Anderson & Associates. Annual CPI increases for both City of St. Helena and the market jurisdictions (refreshed annually) are to be considered for purposes of this calculation.

Water and Wastewater Treatment Plant and Underground Utilities Classifications Salary Adjustments
Over the course of the past three years the City has experienced significant difficulty in recruiting and retaining staff at both the Treatment Plants and the Underground Utilities division in Public Works. Lower than median compensation as resulted in the loss of a Agenda Item #9.10.

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number of staff to neighboring agencies with more growth opportunities, such as the Napa Sanitation and the City of Napa.

Due to requirements from the State of California, only individuals with specialized certifications may perform duties related to these positions. Therefore, the City has contracted with Operational Technical Services in order to ensure that we are meeting our state mandated requirements. This has resulted in a significant financial burden.

Therefore, City staff recommended that the classifications within the Underground Utilities division be brought to Market Median and the classifications in the Treatment Plants be brought to the 75th percentile effective July 1, 2023 to aid with retention and competitive recruiting efforts.

DOCUMENTS ATTACHMENTS:

Resolution FY23-24 Updated SHEA Salary Schedules
Attachment A - FY23-24 SHEA Salary Schedule Effective 2023.07.01 Attachment B - FY23-24 SHEA Salary Schedule Effective 2024.01.01 Agenda Item #9.10.

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CITY OF ST. HELENA
RESOLUTION NO. 2023-__
Duly adopting and approving publicly available pay schedule for St. Helena Employees Association in accordance with the requirement of California Code of Regulations, Title 2, Section 570.5, which includes revised salary schedules for the St. Helena Employees Association effective July 1, 2023 and January 1, 2024.

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

1. That the City of St. Helena Publicly Available Salary Schedules as follows:
a. Attachment A – St. Helena Employees Association Salary Schedule Effective July 1, 2023
b. Attachment B – St. Helena Employees Association Salary Schedule Effective January 1, 2024
Agenda Item #9.10.

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are hereby approved and adopted in accordance with the requirements of California Code of Regulations, Title 2, Section 570.5, and

2. 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 July 25, 2023, by the following vote:

Mayor Paul Dohring:

Vice Mayor Eric Hall:

Council Member Anna Chouteau:

Council Member Lester Hardy:

Council Member Billy Summers:

APPROVED: ATTEST:
________________________ ________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #9.10.

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CITY OF ST. HELENA PUBLICLY AVAILABLE SALARY SCHEDULE
Position Timebase* A B C D E
Office Assistant Annual 50,729 53,265 55,929 58,725 61,661 Monthly 4,227 4,439 4,661 4,894 5,138 Hourly 24.39 25.61 26.89 28.23 29.64 Library Associate I Annual 51,199 53,758 56,446 59,269 62,232 Monthly 4,267 4,480 4,704 4,939 5,186 Hourly 24.61 25.85 27.14 28.49 29.92 Maintenance Worker I Annual 55,813 58,604 61,534 64,611 67,841 Buildings & Streets; Parks & Trees Monthly 4,651 4,884 5,128 5,384 5,653 Hourly 26.83 28.17 29.58 31.06 32.62 Library Associate II Annual 56,345 59,162 62,120 65,226 68,488 Monthly 4,695 4,930 5,177 5,436 5,707 Hourly 27.09 28.44 29.87 31.36 32.93 Senior Library Associate Annual 61,951 65,049 68,301 71,716 75,302 Monthly 5,163 5,421 5,692 5,976 6,275 Hourly 29.78 31.27 32.84 34.48 36.20 Permit Technician I Annual 60,623 63,654 66,836 70,178 73,687 Planning; Building Monthly 5,052 5,304 5,570 5,848 6,141 Hourly 29.15 30.60 32.13 33.74 35.43 Accounting Technician I Annual 60,845 63,887 67,082 70,436 73,958 Monthly 5,070 5,324 5,590 5,870 6,163 Hourly 29.25 30.72 32.25 33.86 35.56 Administrative Assistant Annual 60,873 63,917 67,112 70,468 73,991 Monthly 5,073 5,326 5,593 5,872 6,166 Hourly 29.27 30.73 32.27 33.88 35.57 Maintenance Worker I ‐ Annual 61,246 64,308 67,523 70,900 74,445 Utilities Monthly 5,104 5,359 5,627 5,908 6,204 Hourly 29.45 30.92 32.46 34.09 35.79 Maintenance Worker II Annual 61,392 64,462 67,685 71,069 74,623 Buildings & Streets; Parks & Trees Monthly 5,116 5,372 5,640 5,922 6,219 Hourly 29.52 30.99 32.54 34.17 35.88 Librarian I Annual 64,251 67,463 70,836 74,378 78,097 Monthly 5,354 5,622 5,903 6,198 6,508 Hourly 30.89 32.43 34.06 35.76 37.55 Plant Operator in Training Annual 65,415 68,686 72,120 75,726 79,512 Water; Wastewater Monthly 5,451 5,724 6,010 6,310 6,626 Hourly 31.45 33.02 34.67 36.41 38.23 St. Helena Employee Association ‐ Miscellaneous Group
Approved and Adopted July 25, 2023
Effective July 1, 2023
FY 2023‐2024
Steps
Administrative Services Department Page 1 7/25/2023
Agenda Item #9.10.

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CITY OF ST. HELENA PUBLICLY AVAILABLE SALARY SCHEDULE
Approved and Adopted July 25, 2023
Effective July 1, 2023
FY 2023‐2024
Position Timebase* A B C D E
Administrative Records Assistant Annual 66,219 69,530 73,006 76,657 80,489 Monthly 5,518 5,794 6,084 6,388 6,707 Hourly 31.84 33.43 35.10 36.85 38.70 Human Resources Technician (6) Annual 66,226 69,538 73,015 76,665 80,499 Monthly 5,519 5,795 6,085 6,389 6,708 Hourly 31.84 33.43 35.10 36.86 38.70 Permit Technician II Annual 66,680 70,014 73,514 77,190 81,050 Planning; Building Monthly 5,557 5,834 6,126 6,433 6,754 Hourly 32.06 33.66 35.34 37.11 38.97 Accounting Technician II Annual 66,932 70,279 73,793 77,483 81,357 Monthly 5,578 5,857 6,149 6,457 6,780 Hourly 32.18 33.79 35.48 37.25 39.11 Executive Assistant Annual 66,966 70,315 73,830 77,522 81,398 Monthly 5,581 5,860 6,153 6,460 6,783 Hourly 32.20 33.81 35.50 37.27 39.13 Maintenance Worker II ‐ Annual 67,376 70,745 74,282 77,996 81,896 Utilities Monthly 5,615 5,895 6,190 6,500 6,825 Hourly 32.39 34.01 35.71 37.50 39.37 Lead Maintenance Worker Annual 67,538 70,915 74,460 78,183 82,093 Buildings & Streets; Parks & Trees Monthly 5,628 5,910 6,205 6,515 6,841 Hourly 32.47 34.09 35.80 37.59 39.47 Engineering Technician I Annual 68,405 71,825 75,417 79,187 83,147 Monthly 5,700 5,985 6,285 6,599 6,929 Hourly 32.89 34.53 36.26 38.07 39.97 Environmental Services Technician I Annual 68,918 72,364 75,983 79,782 83,771 Monthly 5,743 6,030 6,332 6,648 6,981 Hourly 33.13 34.79 36.53 38.36 40.27 Librarian II Annual 70,671 74,204 77,914 81,810 85,900 Monthly 5,889 6,184 6,493 6,817 7,158 Hourly 33.98 35.68 37.46 39.33 41.30 Permit Technician III Annual 73,351 77,019 80,870 84,913 89,159 Planning; Building Monthly 6,113 6,418 6,739 7,076 7,430 Hourly 35.26 37.03 38.88 40.82 42.86 Senior Accounting Technician Annual 73,619 77,300 81,165 85,223 89,484 Monthly 6,135 6,442 6,764 7,102 7,457 Hourly 35.39 37.16 39.02 40.97 43.02 Lead Maintenance Worker ‐ Annual 74,110 77,816 81,707 85,792 90,082 Underground Utilities Monthly 6,176 6,485 6,809 7,149 7,507 Hourly 35.63 37.41 39.28 41.25 43.31 Steps
Administrative Services Department Page 2 7/25/2023
Agenda Item #9.10.

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CITY OF ST. HELENA PUBLICLY AVAILABLE SALARY SCHEDULE
Approved and Adopted July 25, 2023
Effective July 1, 2023
FY 2023‐2024
Position Timebase* A B C D E
Engineering Technician II Annual 75,245 79,007 82,958 87,105 91,461 Monthly 6,270 6,584 6,913 7,259 7,622 Hourly 36.18 37.98 39.88 41.88 43.97 Plant Operator I Annual 75,266 79,029 82,981 87,130 91,486 Water; Wastewater Monthly 6,272 6,586 6,915 7,261 7,624 Hourly 36.19 37.99 39.89 41.89 43.98 Environmental Services Technician II Annual 75,804 79,595 83,574 87,753 92,141 Monthly 6,317 6,633 6,965 7,313 7,678 Hourly 36.44 38.27 40.18 42.19 44.30 Assistant Planner Annual 77,297 81,162 85,220 89,481 93,955 Monthly 6,441 6,763 7,102 7,457 7,830 Hourly 37.16 39.02 40.97 43.02 45.17 Senior Librarian Annual 77,733 81,620 85,701 89,986 94,485 Monthly 6,478 6,802 7,142 7,499 7,874 Hourly 37.37 39.24 41.20 43.26 45.43 Recreation Supervisor Annual 78,976 82,925 87,071 91,425 95,996 Monthly 6,581 6,910 7,256 7,619 8,000 Hourly 37.97 39.87 41.86 43.95 46.15 Junior Engineer Annual 80,416 84,437 88,659 93,092 97,747 Monthly 6,701 7,036 7,388 7,758 8,146 Hourly 38.66 40.59 42.62 44.76 46.99 Plant Operator II Annual 82,755 86,893 91,237 95,799 100,589 Water; Wastewater Monthly 6,896 7,241 7,603 7,983 8,382 Hourly 39.79 41.78 43.86 46.06 48.36 Senior Engineering Technician Annual 82,770 86,908 91,253 95,816 100,607 Monthly 6,897 7,242 7,604 7,985 8,384 Hourly 39.79 41.78 43.87 46.07 48.37 Fire Inspector Annual 83,360 87,528 91,904 96,499 101,324 Monthly 6,947 7,294 7,659 8,042 8,444 Hourly 40.08 42.08 44.18 46.39 48.71 Associate Planner Annual 85,024 89,275 93,739 98,426 103,347 Monthly 7,085 7,440 7,812 8,202 8,612 Hourly 40.88 42.92 45.07 47.32 49.69 Human Resources Analyst (6) Annual 85,646 89,928 94,425 99,146 104,103 Monthly 7,137 7,494 7,869 8,262 8,675 Hourly 41.18 43.23 45.40 47.67 50.05 Buildings & Streets Superintendent Annual 85,690 89,974 94,473 99,197 104,157 Parks & Trees Superintendent Monthly 7,141 7,498 7,873 8,266 8,680 Hourly 41.20 43.26 45.42 47.69 50.08 Steps
Administrative Services Department Page 3 7/25/2023
Agenda Item #9.10.

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CITY OF ST. HELENA PUBLICLY AVAILABLE SALARY SCHEDULE
Approved and Adopted July 25, 2023
Effective July 1, 2023
FY 2023‐2024
Position Timebase* A B C D E
Administrative Analyst Annual 87,097 91,452 96,024 100,825 105,867 Monthly 7,258 7,621 8,002 8,402 8,822 Hourly 41.87 43.97 46.17 48.47 50.90 Underground Utilities Annual 89,854 94,346 99,064 104,017 109,218 Superintendent Monthly 7,488 7,862 8,255 8,668 9,101 Hourly 43.20 45.36 47.63 50.01 52.51 Plant Operator III Annual 91,429 96,001 100,801 105,841 111,133 Water; Wastewater Monthly 7,619 8,000 8,400 8,820 9,261 Hourly 43.96 46.15 48.46 50.89 53.43 Assistant Engineer Annual 92,880 97,524 102,400 107,520 112,896 Monthly 7,740 8,127 8,533 8,960 9,408 Hourly 44.65 46.89 49.23 51.69 54.28 Associate Civil Engineer Annual 102,175 107,284 112,648 118,281 124,195 Monthly 8,515 8,940 9,387 9,857 10,350 Hourly 49.12 51.58 54.16 56.87 59.71 Chief Plant Operator Annual 109,954 115,452 121,224 127,286 133,650 Water; Wastewater Monthly 9,163 9,621 10,102 10,607 11,137 Hourly 52.86 55.51 58.28 61.20 64.25 Steps
Employees assigned to the Wastewater Treatment Plant (Chief Plant Operator and Plant Operator II) ‐ $9.29 per pay period.

Employees assigned to the Wastewater Treatment Plant (Plant Operator III) ‐ $5.79 per pay period. assignment. The same would apply if the holiday fall on a Friday at the beginning of the standby period and the employee would be on call from Thursday through the (4) Certification Pay ‐ $50.00 per month for each governmental certificate or licensing as follow:
"Operator Cross‐certification" (Class I or above) for employees assigned to the Water Treatment Plant or Wastewater Treatment Plant, enabling those employees to perform other plant.

A necessary pesticide certificate, for Public Works employees responsible for pesticide applications programs for the city.

Certification for back‐flow prevention devices for Public Works employees. 15 years ‐ 7.5% of base salary
20 years ‐ 10.0% of base salary
(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 who are certified as fluent only in verbal Spanish language will receive a 2.5% pay differential that is added to the employee's base salary. (3) Standby Pay ‐ Shall be paid at a rate of $525.00 per week to those employees in the Public Works Department who are required to be on Standby for an entire week (Friday Employees assigned to the Water Treatment Plant ‐ $11.49 per pay period. (6) Confidential Positions receive a 3% pay differential that is added to the employee's base salary. Confidential as defined is an employee having access in the course of his/her confidential information on the employer's labor relations and consequently excludable from holding Association office and/or divulging confidential employer information *Annual timebase payrate is rounded up to the nearest whole dollar, while all other timebase payrates are rounded to the nearest cent Playground Inspection Certification for employees working in the Parks Division.

Arborist Certificate for employees working in the Parks Division.

Wastewater Collections Certificate for employees working in the Wastewater Collections/Sewer Division. (5) Uniform Allowance as follow:

Employees assigned to Water Distribution and Public Works ‐ $35.49 per pay period.

Employees assigned to Parks‐Trees‐Buildings ‐ $33.06 per pay period. the following at Friday 7:00 a.m.). If a holiday falls on the Friday at the end of the standby period the employee shall receive an additional $100.00 for the extension of the (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
Administrative Services Department Page 4 7/25/2023
Agenda Item #9.10.

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CITY OF ST. HELENA PUBLICLY AVAILABLE SALARY SCHEDULE
Position Timebase* A B C D E Increase
Office Assistant Annual 50,729 53,265 55,929 58,725 61,661 1.000 Monthly 4,227 4,439 4,661 4,894 5,138 Hourly 24.39 25.61 26.89 28.23 29.64 Library Associate I Annual 51,199 53,758 56,446 59,269 62,232 1.000 Monthly 4,267 4,480 4,704 4,939 5,186 Hourly 24.61 25.85 27.14 28.49 29.92 Maintenance Worker I Annual 55,813 58,604 61,534 64,611 67,841 1.000 Buildings & Streets; Parks & Trees Monthly 4,651 4,884 5,128 5,384 5,653 Hourly 26.83 28.17 29.58 31.06 32.62 Library Associate II Annual 56,345 59,162 62,120 65,226 68,488 1.000 Monthly 4,695 4,930 5,177 5,436 5,707 Hourly 27.09 28.44 29.87 31.36 32.93 Permit Technician I Annual 60,623 63,654 66,836 70,178 73,687 1.000 Planning; Building Monthly 5,052 5,304 5,570 5,848 6,141 Hourly 29.15 30.60 32.13 33.74 35.43 Accounting Technician I Annual 60,845 63,887 67,082 70,436 73,958 1.000 Monthly 5,070 5,324 5,590 5,870 6,163 Hourly 29.25 30.72 32.25 33.86 35.56 Administrative Assistant Annual 60,873 63,917 67,112 70,468 73,992 1.000 Monthly 5,073 5,326 5,593 5,872 6,166 Hourly 29.27 30.73 32.27 33.88 35.57 Maintenance Worker I ‐ Annual 61,246 64,308 67,523 70,900 74,445 1.000 Utilities Monthly 5,104 5,359 5,627 5,908 6,204 Hourly 29.45 30.92 32.46 34.09 35.79 Maintenance Worker II Annual 61,392 64,462 67,685 71,069 74,623 1.000 Buildings & Streets; Parks & Trees Monthly 5,116 5,372 5,640 5,922 6,219 Hourly 29.52 30.99 32.54 34.17 35.88 Senior Library Associate Annual 61,951 65,049 68,301 71,716 75,302 1.000 Monthly 5,163 5,421 5,692 5,976 6,275 Hourly 29.78 31.27 32.84 34.48 36.20 Librarian I Annual 64,251 67,463 70,836 74,378 78,097 1.000 Monthly 5,354 5,622 5,903 6,198 6,508 Hourly 30.89 32.43 34.06 35.76 37.55 Plant Operator in Training Annual 65,415 68,686 72,120 75,726 79,512 1.000 Water; Wastewater Monthly 5,451 5,724 6,010 6,311 6,626 Hourly 31.45 33.02 34.67 36.41 38.23 St. Helena Employee Association ‐ Miscellaneous Group
Approved and Adopted July 25, 2023
Effective January 1, 2024
FY 2023‐2024
Steps
Administrative Services Department Page 1 7/25/2023
Agenda Item #9.10.

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CITY OF ST. HELENA PUBLICLY AVAILABLE SALARY SCHEDULE
Approved and Adopted July 25, 2023
Effective January 1, 2024
FY 2023‐2024
Position Timebase* A B C D E
Administrative Records Assistant Annual 67,543 70,921 74,467 78,190 82,099 1.020 Monthly 5,629 5,910 6,206 6,516 6,842 Hourly 32.47 34.10 35.80 37.59 39.47 Human Resources Technician (6) Annual 66,226 69,538 73,015 76,665 80,499 1.000 Monthly 5,519 5,795 6,085 6,389 6,708 Hourly 31.84 33.43 35.10 36.86 38.70 Permit Technician II Annual 66,680 70,014 73,514 77,190 81,050 1.000 Planning; Building Monthly 5,557 5,834 6,126 6,433 6,754 Hourly 32.06 33.66 35.34 37.11 38.97 Accounting Technician II Annual 66,932 70,279 73,793 77,483 81,357 1.000 Monthly 5,578 5,857 6,149 6,457 6,780 Hourly 32.18 33.79 35.48 37.25 39.11 Executive Assistant Annual 66,966 70,315 73,830 77,522 81,398 1.000 Monthly 5,581 5,860 6,153 6,460 6,783 Hourly 32.20 33.81 35.50 37.27 39.13 Maintenance Worker II ‐ Annual 67,376 70,745 74,282 77,996 81,896 1.000 Utilities Monthly 5,615 5,895 6,190 6,500 6,825 Hourly 32.39 34.01 35.71 37.50 39.37 Lead Maintenance Worker Annual 67,538 70,915 74,460 78,183 82,093 1.000 Buildings & Streets; Parks & Trees Monthly 5,628 5,910 6,205 6,515 6,841 Hourly 32.47 34.09 35.80 37.59 39.47 Engineering Technician I Annual 68,405 71,825 75,417 79,187 83,147 1.000 Monthly 5,700 5,985 6,285 6,599 6,929 Hourly 32.89 34.53 36.26 38.07 39.97 Environmental Services Technician I Annual 70,296 73,811 77,502 81,377 85,446 1.020 Monthly 5,858 6,151 6,458 6,781 7,120 Hourly 33.80 35.49 37.26 39.12 41.08 Librarian II Annual 70,671 74,204 77,914 81,810 85,900 1.000 Monthly 5,889 6,184 6,493 6,817 7,158 Hourly 33.98 35.68 37.46 39.33 41.30 Permit Technician III Annual 73,351 77,019 80,870 84,913 89,159 1.000 Planning; Building Monthly 6,113 6,418 6,739 7,076 7,430 Hourly 35.26 37.03 38.88 40.82 42.86 Senior Accounting Technician Annual 73,619 77,300 81,165 85,223 89,484 1.000 Monthly 6,135 6,442 6,764 7,102 7,457 Hourly 35.39 37.16 39.02 40.97 43.02 Lead Maintenance Worker ‐ Annual 74,110 77,816 81,707 85,792 90,082 1.000 Underground Utilities Monthly 6,176 6,485 6,809 7,149 7,507 Hourly 35.63 37.41 39.28 41.25 43.31 Steps
Administrative Services Department Page 2 7/25/2023
Agenda Item #9.10.

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CITY OF ST. HELENA PUBLICLY AVAILABLE SALARY SCHEDULE
Approved and Adopted July 25, 2023
Effective January 1, 2024
FY 2023‐2024
Position Timebase* A B C D E
Engineering Technician II Annual 75,245 79,007 82,958 87,105 91,461 1.000 Monthly 6,270 6,584 6,913 7,259 7,622 Hourly 36.18 37.98 39.88 41.88 43.97 Plant Operator I Annual 75,266 79,029 82,981 87,130 91,486 1.000 Water; Wastewater Monthly 6,272 6,586 6,915 7,261 7,624 Hourly 36.19 37.99 39.89 41.89 43.98 Assistant Planner Annual 77,297 81,162 85,220 89,481 93,955 1.000 Monthly 6,441 6,763 7,102 7,457 7,830 Hourly 37.16 39.02 40.97 43.02 45.17 Environmental Services Technician II Annual 77,320 81,186 85,245 89,508 93,983 1.020 Monthly 6,443 6,766 7,104 7,459 7,832 Hourly 37.17 39.03 40.98 43.03 45.18 Senior Librarian Annual 77,733 81,620 85,701 89,986 94,485 1.000 Monthly 6,478 6,802 7,142 7,499 7,874 Hourly 37.37 39.24 41.20 43.26 45.43 Recreation Supervisor Annual 78,976 82,925 87,071 91,425 95,996 1.000 Monthly 6,581 6,910 7,256 7,619 8,000 Hourly 37.97 39.87 41.86 43.95 46.15 Junior Engineer Annual 80,416 84,437 88,659 93,092 97,747 1.000 Monthly 6,701 7,036 7,388 7,758 8,146 Hourly 38.66 40.59 42.62 44.76 46.99 Plant Operator II Annual 82,755 86,893 91,237 95,799 100,589 1.000 Water; Wastewater Monthly 6,896 7,241 7,603 7,983 8,382 Hourly 39.79 41.78 43.86 46.06 48.36 Senior Engineering Technician Annual 82,770 86,908 91,253 95,816 100,607 1.000 Monthly 6,897 7,242 7,604 7,985 8,384 Hourly 39.79 41.78 43.87 46.07 48.37 Fire Inspector Annual 85,027 89,279 93,742 98,430 103,351 1.020 Monthly 7,086 7,440 7,812 8,202 8,613 Hourly 40.88 42.92 45.07 47.32 49.69 Associate Planner Annual 85,024 89,275 93,739 98,426 103,347 1.000 Monthly 7,085 7,440 7,812 8,202 8,612 Hourly 40.88 42.92 45.07 47.32 49.69 Human Resources Analyst (6) Annual 87,359 91,727 96,313 101,129 106,185 1.020 Monthly 7,280 7,644 8,026 8,427 8,849 Hourly 42.00 44.10 46.30 48.62 51.05 Buildings & Streets Superintendent Annual 85,690 89,974 94,473 99,197 104,157 1.000 Parks & Trees Superintendent Monthly 7,141 7,498 7,873 8,266 8,680 Hourly 41.20 43.26 45.42 47.69 50.08 Steps
Administrative Services Department Page 3 7/25/2023
Agenda Item #9.10.

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CITY OF ST. HELENA PUBLICLY AVAILABLE SALARY SCHEDULE
Approved and Adopted July 25, 2023
Effective January 1, 2024
FY 2023‐2024
Position Timebase* A B C D E
Administrative Analyst Annual 88,839 93,281 97,945 102,842 107,984 1.020 Monthly 7,403 7,773 8,162 8,570 8,999 Hourly 42.71 44.85 47.09 49.44 51.92 Underground Utilities Annual 89,854 94,346 99,064 104,017 109,218 1.000 Superintendent Monthly 7,488 7,862 8,255 8,668 9,101 Hourly 43.20 45.36 47.63 50.01 52.51 Plant Operator III Annual 91,429 96,001 100,801 105,841 111,133 1.000 Water; Wastewater Monthly 7,619 8,000 8,400 8,820 9,261 Hourly 43.96 46.15 48.46 50.89 53.43 Assistant Engineer Annual 92,880 97,524 102,400 107,520 112,896 1.000 Monthly 7,740 8,127 8,533 8,960 9,408 Hourly 44.65 46.89 49.23 51.69 54.28 Associate Civil Engineer Annual 102,175 107,284 112,648 118,281 124,195 1.000 Monthly 8,515 8,940 9,387 9,857 10,350 Hourly 49.12 51.58 54.16 56.87 59.71 Chief Plant Operator Annual 109,954 115,452 121,224 127,286 133,650 1.000 Water; Wastewater Monthly 9,163 9,621 10,102 10,607 11,137 Hourly 52.86 55.51 58.28 61.20 64.25 Employees assigned to the Water Treatment Plant ‐ $11.49 per pay period. (6) Confidential Positions receive a 3% pay differential that is added to the employee's base salary. Confidential as defined is an employee having access in the course of his/her confidential information on the employer's labor relations and consequently excludable from holding Association office and/or divulging confidential employer information to *Annual timebase payrate is rounded up to the nearest whole dollar, while all other timebase payrates are rounded to the nearest cent Steps
Wastewater Collections Certificate for employees working in the Wastewater Collections/Sewer Division. (5) Uniform Allowance as follow:

Employees assigned to Water Distribution and Public Works ‐ $35.49 per pay period.

Employees assigned to Parks‐Trees‐Buildings ‐ $33.06 per pay period.

Employees assigned to the Wastewater Treatment Plant (Chief Plant Operator and Plant Operator II) ‐ $9.29 per pay period.

Employees assigned to the Wastewater Treatment Plant (Plant Operator III) ‐ $5.79 per pay period. "Operator Cross‐certification" (Class I or above) for employees assigned to the Water Treatment Plant or Wastewater Treatment Plant, enabling those employees to perform other plant.

A necessary pesticide certificate, for Public Works employees responsible for pesticide applications programs for the city.

Certification for back‐flow prevention devices for Public Works employees.

Playground Inspection Certification for employees working in the Parks Division.

Arborist Certificate for employees working in the Parks Division. (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. who are certified as fluent only in verbal Spanish language will receive a 2.5% pay differential that is added to the employee's base salary. (3) Standby Pay ‐ Shall be paid at a rate of $525.00 per week to those employees in the Public Works Department who are required to be on Standby for an entire week (Friday 3:30 the following at Friday 7:00 a.m.). If a holiday falls on the Friday at the end of the standby period the employee shall receive an additional $100.00 for the extension of the assignment. The same would apply if the holiday fall on a Friday at the beginning of the standby period and the employee would be on call from Thursday through the (4) Certification Pay ‐ $50.00 per month for each governmental certificate or licensing as follow:
20 years ‐ 10.0% of base salary
(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
Administrative Services Department Page 4 7/25/2023
Agenda Item #9.10.

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Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Human Resources
DATE: July 25, 2023
FROM: Mandy Kellogg, Administrative Services Director
SUBJECT: Proposed Approval of a Resolution (1) Memorializing an Agreement 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.

RECOMMENDED
ACTION:

Staff recommends approval the attached resolution.

PREVIOUS COUNCIL
ACTION:

June 28, 2022 - Approval of MOU
June 13, 2023 - Adoption of Budget

STATEMENT OF THE
PURPOSE:

The purpose it to approve and adopt POA salary schedules effective July 1, 2023 and January 1, 2024 in accordance with the approved salary increases outlined in the
Memorandum of Understanding.

FINANCIAL IMPACT: The approved MOU estimated the FY 2023-24 budget impact to be $133,155 and is broken down as follows:

General Fund (101) - $123,893
Prop 56 Fund (277) - $10,058
The additional fiscal impact of the action to increase the Police Officer and Sergeant classifications by 19.4% and

14.8% respectively is an increase of $133,917 as follows:

General Fund (101) - $120,179
Prop 56 Fund (277) - $13,917
The total increase has been included in the Fiscal Year 2023-24 and 2024-25 annual budget adopted by City
Council on June 13, 2023 via Resolution 2023-66.

BACKGROUND:

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compensation. The California Code of Regulations (CCR) Title 2, Section 570.5 (Section 570.5) provides that each pay schedule meets the following requirements:
• Has been duly approved and adopted by the employer’s governing body in accordance with requirements of applicable public meeting laws. • Identifies the position title for every employee position. • Shows the pay rate for each position.
• Indicates the time base for each pay rate.
• CalPERS uses the City’s pay schedules to determine final compensation and to calculate retirement benefits for the City’s employees. Inaccurate pay schedules could negatively impact an employee’s final retirement calculation or delay receipt of the appropriate retirement compensation.

Based on salary adjustments scheduled in the St. Helena Police Officers' Association Memorandum of Understanding it is necessary to adopt new salary schedules for Fiscal Year 2023-24 effective July 1, 2023 and January 1, 2024.

DISCUSSION:

Scheduled Salary Adjustments
The St. Helena Police Officers' Association (POA) Memorandum of Understanding (MOU) effective July 1, 2022 – June 30, 2025 was ratified on June 28, 2023 and authorized salary adjustments throughout the term of the agreement.

The approved MOU also provides equity adjustments in Fiscal Year 2023-24. 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 from Ralph Anderson & Associates. Annual CPI increases for both City of St. Helena and the market jurisdictions (refreshed annually) are to be considered for purposes of this calculation.

Police Officer and Sergeant Classifications Salary Adjustments Agenda Item #9.11.

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Police Officers are currently working mandatory overtime to cover shifts as a result of staffing shortages. These ongoing demands leads to burnout and stress, which significantly impact the ability to retain existing employees.

In order to combat these challenges, Police Departments throughout California are offering increased salaries, signing bonuses to new officers ranging from $5,000 - $75,000, educational stipends, student loan forgiveness, and other incentives in order to fill their ranks.

Therefore, City staff recommended that the Police Officer classification be increased by

19.4% and the Sergeant classification by 14.8% effective July 1, 2023 to aid with retention and competitive recruiting efforts. These recommended salary adjustments will be in lieu of the originally programmed COLA and equity adjustments as detailed in terms of the Side Letter Agreement to Memorandum of Understanding between the City of St. Helena and St. Helena Police Officers' Association Dated July 1, 2022 through June 30, 2025 (Attachment A).

The attached updated Salary Schedules reflects the July 1, 2023 COLA (Attachment B) and equity adjustment of a maximum of two percent (2%) base salary increase for the following classifications effective July 1, 2023 (Attachment B) and January 1, 2024 (Attachment C).

In addition, the POA and the City agreed to amend the comparable cities utilized to obtain Labor Market Salary Survey as follows:

Previous Cities New Cities
Calistoga Calistoga
Napa Napa
Healdsburg Healdsburg
Santa Rosa Santa Rosa
San Rafael San Rafael
Benicia American Canyon
Albany Fairfield
Cotati Novato
Larkspur Petaluma
Mill Valley Rohnert Park
Napa County Vacaville
San Anselmo Yountville
Sonoma
Windsor
The new cities more accurately reflect our employment market in terms of where our employees reside, where we recruit employees from, and agencies that St. Helena is competing with for employees. By adjusting the comparable cities, our labor market data Agenda Item #9.11.

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will more accurately establish the City's competitive status and with appropriate adjustments, assist with retention and recruitment of employees.

DOCUMENTS ATTACHMENTS:

Resolution FY23-24 Updated POA Salary Schedules
Attachment A - Side Letter Agreement of MOU Between City and POA Attachment B - FY23-24 POA Salary Schedule Effective 2023.07.01 Attachment C - FY23-24 POA Salary Schedule Effective 2024.01.01 Agenda Item #9.11.

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CITY OF ST. HELENA
RESOLUTION NO. 2023-__
Memorializing an Agreement 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 duly adopting and approving publicly available pay schedule for St. Helena Police Officers’ Association in accordance with the requirement of California Code of Regulations, Title 2, Section 570.5, which includes revised salary schedules for the St. Helena Employees Association effective July 1, 2023 and January 1, 2024.

19.4% increase and 14.8% increase respectively effective July 1, 2023 to aid with retention and competitive recruiting efforts; and
G. Memorialize the Side Letter Agreement to Memorandum of Understanding between the City of St. Helena and St. Helena Police Officers' Association Dated July 1, 2022 through June 30, 2025.

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

Agenda Item #9.11.

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1. The City Council memorializes the Side Letter Agreement to Memorandum of Understanding between the City of St. Helena and St.

Helena Police Officers' Association Dated July 1, 2022 through June 30, 2025; and

2. That the City of St. Helena Publicly Available Salary Schedules as follows:
a. Attachment A – St. Helena Employees Association Salary Schedule Effective July 1, 2023
b. Attachment B – St. Helena Employees Association Salary Schedule Effective January 1, 2024
are hereby approved and adopted in accordance with the requirements of California Code of Regulations, Title 2, Section 570.5, and

3. 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 July 25, 2023, by the following vote:

Mayor Paul Dohring:

Vice Mayor Eric Hall:

Council Member Anna Chouteau:

Council Member Lester Hardy:

Council Member Billy Summers:

APPROVED: ATTEST:
________________________ ________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #9.11.

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ATTACHMENT A
Agenda Item #9.11.

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Agenda Item #9.11.

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CITY OF ST. HELENA PUBLICLY AVAILABLE SALARY SCHEDULE
Position Timebase* A B C D E
Dispatcher Annual 65,568 68,847 72,289 75,904 79,699
Monthly 5,464 5,737 6,024 6,325 6,642
Hourly 31.52 33.10 34.75 36.49 38.32
Dispatch Supervisor Annual 78,707 82,642 86,774 91,113 95,669 Monthly 6,559 6,887 7,231 7,593 7,972
Hourly 37.84 39.73 41.72 43.80 45.99
Police Officer Trainee Annual 55,456
Monthly 4,621
Hourly 26.66
Police Officer Annual 92,428 97,049 101,901 106,996 112,346 Monthly 7,702 8,087 8,492 8,916 9,362
Hourly 44.44 46.66 48.99 51.44 54.01
Sergeant Annual 110,958 116,506 122,331 128,448 134,870 Monthly 9,247 9,709 10,194 10,704 11,239
Hourly 53.35 56.01 58.81 61.75 64.84
(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 - $150.00
POST Advanced Certificate - $275.00
POST Records Supervisor Certificate - $150.00
(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 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) Police Officers Association
Approved and Adopted July 25, 2023
Effective July 1, 2023
FY 2023-2024
Steps
(3) POST Certificates - Additional monthly salary compensation shall be received by an employee attaining certificates, as follows:
(5) Holiday Pay - Full-time employees will accrue 3.69 hours per pay period, which will be paid out each pay period at the employee's current hourly rate. (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.

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. *Annual timebase payrate is rounded up to the nearest whole dollar, while all other timebase payrates are rounded to the nearest cent Administrative Services Department Page 1 7/19/2023
ATTACHMENT B Agenda Item #9.11.

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CITY OF ST. HELENA PUBLICLY AVAILABLE SALARY SCHEDULE
Position Timebase* A B C D E
Dispatcher Annual 66,880 70,224 73,735 77,422 81,293
Monthly 5,573 5,852 6,145 6,452 6,774
Hourly 32.15 33.76 35.45 37.22 39.08
Dispatch Supervisor Annual 80,281 84,295 88,510 92,935 97,582 Monthly 6,690 7,025 7,376 7,745 8,132
Hourly 38.60 40.53 42.55 44.68 46.91
Police Officer Trainee Annual 55,456
Monthly 4,621
Hourly 26.66
Police Officer Annual 92,428 97,049 101,901 106,996 112,346 Monthly 7,702 8,087 8,492 8,916 9,362
Hourly 44.44 46.66 48.99 51.44 54.01
Sergeant Annual 110,958 116,506 122,331 128,448 134,870 Monthly 9,247 9,709 10,194 10,704 11,239
Hourly 53.35 56.01 58.81 61.75 64.84
(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 - $150.00
POST Advanced Certificate - $275.00
POST Records Supervisor Certificate - $150.00
(4) Special Assignment Pay:

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. *Annual timebase payrate is rounded up to the nearest whole dollar, while all other timebase payrates are rounded to the nearest cent Police Officers Association
Approved and Adopted July 25, 2023
Effective January 1, 2024
FY 2023-2024
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.

Administrative Services Department Page 1 7/19/2023

ATTACHMENT C
Agenda Item #9.11.

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Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Administration
DATE: July 25, 2023
FROM: Cindy Tzafopoulos, City Clerk
SUBJECT: Consideration and Proposed Approval of a Resolution: 1) Rescinding Resolution 2014-45 Protocol for Committees,
Commissions and Boards; and 2) Rescinding Resolution
2022-72 Amending Council Rules of Procedure and
Standards of Conduct; and 3) Combining and
Reestablishing both the Rules of Procedure for the Conduct of Meetings for City Council, Boards, Committees and
Commissions and Standards of Conduct

RECOMMENDED
ACTION:

Staff recommends approval of the attached resolution

PREVIOUS COUNCIL
ACTION:

July 8, 2014 Resolution 2014-45 Establishing the Protocol for Committees, Commissions and Boards
August 9, 2022 Resolution 2022-72 Amending Council
Rules of Procedure

STATEMENT OF THE
PURPOSE:

The purpose is to combine and reestablish the City Council, Committees, Commissions and Boards Rules of Procedure
for the Conduct of Meetings & Standards of Conduct.

FINANCIAL IMPACT: None
BACKGROUND:

The City Council established the Protocols for the Committees, Boards and Commission on July 8, 2014 by resolution 2014.45. (Attachment 1).

The City Council's Rules of Procedure for the Conduct of Meetings & Standards of Conduct most recent amendment occurred on August 9, 2022 (Attachment 2).

DISCUSSION:

On October 11, 2022, the City Council appointed a subcommittee of Mayor Dohring and Council Member Hardy to work with the City Manager and City Clerk to address key items for effective rules of procedure for the conduct of meetings & standards of conducts for all elected and appointees of the City Council.

The subcommittee and staff focused on the following areas:

1. Refresh the format of the City Council agenda and staff reports to endeavor to provide additional clarity and/or information; and

2. Update the City Council Code of Conduct; and
Agenda Item #9.12.

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3. Address the recent legislation change related to the Teleconferencing procedures; and

4. Combine the City Council, Boards, Committees & Commissions Rules of Procedure for the Conduct of Meetings & Standards of Conduct.

Staff provided in Attachments 3 and 4 redline and clean versions of the proposed City Council, Boards, Committees & Commissions Rules of Procedure for the Conduct of Meetings & Standards of Conduct. Attachment 5 is Rosenberg's Rules of Order.

DOCUMENTS ATTACHMENTS:

Attachment 1 - 2014-45 Approving the City of St. Helena Protocol for Committee, Commissions and Boards and Related Documents
Attachment 2 - 2022-72 AMENDING COUNCIL RULES FOR SELECTION PROCESS

OF CITY BOARDS COMMITTEES AND COMMISSIONS
Attachment 3 - 2023 Rules of Procedure and Conduct Exhibit A - Redlined Attachment 4 - 2023 Rules of Procedure and Conduct Exhibit A - Clean Attachment 5 - Rosenberg’s Rules of Order Simple Parliamentary Procedures for the 21st Century
Attachment 6 Resolution
Agenda Item #9.12.

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CITY OF ST. HELENA
RESOLUTION NO. 2014-45
APPROVING THE CITY OF ST. HELENA PROTOCOL FOR

COMMITTEES, COMMISSIONS AND BOARDS AND RELATED

DOCUMENTS
WHEREAS, the City Council has a created a number of committees, boards and commissions, including the Planning Commission, the Parks and Recreation Commission, the Library Board of Trustees, the Tree Committee, the Sustainability Committee, the Multicultural Committee, the Active Transportation Committee, and the Water Board; and WHEREAS, the City's committees, commissions and boards provide a valuable service to the community and the City Council relies on these entities to provide information, advice, recommendations and decisions related to their area of expertise and authority; and WHEREAS, the City Council desires to standardize committee structure and operating procedures and provide necessary guidance in order to ensure these committees, commissions and boards are efficient and effective and serve in the best interests of the community; and WHEREAS, at its regular meetings of November 27, 2012, January 23, 2013, July 23, 2013, and June 10, 2014, the City Council discussed a draft City of St. Helena Protocol for Committees, Commissions and Boards, and received public testimony on the draft Protocol.

NOW, THEREFORE, BE IT RESOLVED that the St. Helena City Council adopts the St.

Helena Protocol for Committees, Commissions and Boards and related Meeting Ground Rules, Committee Standards of Conduct, Agenda format and Minutes format, as set forth in Exhibit A.

PASSED, APPROVED and ADOPTED at a regular meeting of the City Council of the City of St. Helena held on the gth of July, 2014 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

AnnNevero
Mayor
Councilmember: White, Sculatti and Mayor Nevero
None
Councilmember: Crull and Pitts
None
ATTEST:
1 Agenda Item #9.12.

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City of St. Helena Protocol
for
Committees, Commissions and Boards (CCB)
St. Helena Committees, Commissions and Boards (CCB) function under the direction of the City Council on behalf of the City and its residents. The Council establishes committees by ordinance or resolution defining the role, purpose and membership. While each one functions specific to its purpose, all must follow the same overriding principles which are herein defined.

This protocol is intended to provide general guidance, and is not intended to supersede or conflict with any provision of State law, the St. Helena Municipal Code or other ordinance adopted by the City Council, which In the event of any conflict shall control.

ROLE AND PURPOSE
The City Council determines a committee's role and purpose at the time it is created, which should be defined clearly enough to easily communicate the purpose of the committee to the general public.

Committees may be 1) on-going standing committees, or 2) established for a specific purpose with an expected end date. Roles and purpose may be general or specific, but all will have a clearly defined goal, task or product.

Recommended changes in the role or purpose of a committee must be brought to the City Council to clarify how the proposed changes will provide improved or additional benefit.

MEMBERSHIP AND COMMITTEE STRUCTURE
The City Council defines the membership size by resolution or ordinance when establishing a committee. A committee consists of a minimum of five and a maximum of seven members, except the Planning Commission which consists only of five regular members. The Council may appoint up to two alternate members to serve on a committee in order to ensure a quorum can be reached if members cannot attend. City Council members and staff shall not sit as members on any committees. However, 1 Agenda Item #9.12.

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the City Council may, in its discretion, appoint two Council members in the composition of a City Council subcommittee for a specific purpose.

As required by State law, the Mayor shall nominate committee members from the pool of applicants, and they will be appointed only after a majority vote approval by the City Council. Applicants may choose to attend the City Council meeting and make a statement in support of their application before the Council votes on the appointment.

Residency. Committee members must reside within the St. Helena City limits. The Council may approve an exception to this rule on a case-by-case basis. All five Planning Commissioners must live within the St.

Helena City limits.

Member Terms. Committee members will serve two years from the date of appointment, except Planning Commissioners who will serve four years. Non-standing committee membership will be based upon the timing of the specific project. In establishing a new committee, or when reducing existing terms from three years to two when those terms come up for reappointment, the Council may initially impose staggered terms consisting of one and two year terms.

Removal of a member may occur for reasons such as, but not limited to, excessive absences, Brown Act violations, and conduct violations. Recommendations to the City Council for removal may be made by a committee member, member of the public, staff member, or City Councilmember. Notwithstanding the foregoing, the City Council may in its discretion at any time vote to remove a member of any committee for any reason or none, with or without cause.

Committee Officers. Annually, a committee will select a chairperson and vice chairperson. No member may serve more than two consecutive years as chair, unless unanimously agreed upon by the Committee in a sealed vote and approved by the City Council.

The chairperson runs the meeting in accordance with the agenda. The vice chairperson has the same powers and duties of the chair if the chair is absent or unable to act. If both the chair and vice-chair are absent or unable to act, the committee selects by motion and majority vote one member as acting chair for the duration of the meeting or absence.

Subcommittees. The committee may in its discretion appoint members to subcommittees for the purpose of researching specific issues, conducting community outreach, and/or formulating recommendations to the committee, and may also engage experts or other persons (who will not be considered as members). Subcommittee membership will be less than a majority of the total membership of the committee. Prior to creating a subcommittee, the committee will consult with staff to determine whether the subcommittee is subject to the Brown Act, in which case formation of the subcommittee will be subject to Council approval.

Bylaws. Committees may adopt bylaws governing their work that are consistent with this protocol and other City laws. Proposed bylaws must be reviewed by staff and approved by the City Council. 2 Agenda Item #9.12.

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MEETING ADMINISTRATION
• Committees should meet at a regular interval (day and time) and location to facilitate public attendance and to provide an accessible forum for the public to attend. • Committees and committee members shall conduct themselves in accordance with the requirements of State law and the Municipal Code.
• Meetings must be noticed to the public at least 72 hours prior to regular meetings, and 24 hours prior to special meetings, as required by the Brown Act. • All meeting notices must be posted outside St. Helena City Hall and on the City website. • Agendas must adhere to the form provided by the City to ensure consistency and clarity. • Meeting minutes will be recorded using the City template and submitted for approval at the next committee meeting. Once approved, the minutes are submitted to the City Clerk for official record.

Quorum and Voting. A quorum is required to hold a meeting. A quorum is defined as the majority of the number of members, not counting alternates, which officially comprise a committee. Absences and vacancies do not change the quorum number. For example, if a committee is established with five members, the quorum is three members. If there are two vacancies on the committee, the quorum is still three members.

If a committee meets but does not have a quorum, either through lack of a quorum at the start of the meeting or due to members leaving the meeting, the committee may not conduct its regular business.

In these instances, the committee may only act to adjourn to the next meeting date, recess, or take measures to obtain a quorum.

A majority vote is required to approve any action by the committee, unless otherwise required by law.

Alternate Members. Alternate members may vote only upon one of the following conditions:

1. Absence of one or more of the regular members of the committee; or

2. Disqualification of a regular member of the committee due to an expressed conflict of interest.

If more than one alternate member is present and only one vote is available, the alternate members will toss a coin to determine who may vote.

City Staff Liaison. The City Manager will designate a staff liaison to each committee. The liaison will be available to attend committee meetings at the request of the committee chair and with advance notice.

The staff liaison's role is to assist the committee in understanding City functions and requirements, such as state regulations, Municipal Code requirements, and conflict of interest and Brown Act requirements.

The staff liaison ensures the continued flow of information regarding the City's efforts and progress on work that pertains to the committee's topic area. The staff liaison will collect and file committee records and minutes.
3 Agenda Item #9.12.

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CITY COUNCIL REPORTS
The chairperson or committee designee will appear at a City Council meeting at least once per quarter to report on the committee's activities and projects and to provide updates to the Council and community. The City Council will provide input and direction at that time. Committee chairpersons or designated committee members are encouraged to appear before the Council whenever they feel it is necessary to obtain Council direction or share information.

PROFESSIONALISM AND MEETING BEHAVIOR
As official representatives of the City of St. Helena, committee members are expected to conduct their duties in keeping with the St. Helena Committee Standards of Conduct and to maintain the highest level of professionalism during their tenure. Committees conduct City-sanctioned work for the benefit of all St. Helena residents.

All St. Helena committee meetings will be conducted in an open, fair and professional manner.

Committees must ensure a welcoming atmosphere for all participants. St. Helena Meeting Ground Rules must be posted at each meeting, and adhered to, in order to ensure meetings are efficient, productive and respectful.

Committees are formed to improve understanding, ideas, processes or outcomes, and by definition that means individuals will have, and should have, different, and perhaps controversial, opinions. Open, honest dialogue is the goal, and is not to be viewed as a problem. Discussion of topics, not discussion of individuals, should be the focus of committee members both inside and outside the meetings.

Committee members represent the City of St. Helena, and therefore may not negatively discuss members or public participants outside meetings. Members can request staff assistance, either during or after the meeting, with unruly or disruptive participants. No committee member should tolerate abuse toward other participants, members or themselves.

THE BROWN ACT AND CONFLICT OF INTEREST RULES
The Brown Act
Members of St. Helena committees are required to function under the Brown Act. Committees should have a clear understanding of Brown Act rules. The City will provide committees with Brown Act training materials, which must be reviewed by all members. Committee chairs can request specific information from City staff regarding Brown Act questions.

In general, the Brown Act requires all meetings of a legislative body of a local government, including all committees established by the St. Helena City Council, to be open and public. In some instances these requirements will apply to subcommittees.
4 Agenda Item #9.12.

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• All meetings must be properly noticed and discussion items properly agendized. • A "meeting" means any gathering of a majority of the members of a committee to hear, discuss or deliberate on any matter within the committee's jurisdiction. • Communication outside a meeting by members is restricted by the Brown Act if that communication results in:
o A "serial" meeting involving a majority of the committee members. A serial meeting may occur if a member communicates to one member, who then communicates to another member, until a majority of members have become involved in the communication.
o a "spoke and wheel" meeting where a member separately communicates to a majority of members.
• In order to avoid unintended "meetings" involving a quorum, committee members should generally submit their comments to staff, and should not engage in "reply all" emails or emails or other communications involving a majority of the committee.

Violations of the Brown Act are serious, and can jeopardize the validity of committee decisions.

Violations that are willful can carry criminal penalties.

Conflicts of Interest/Due Process
In addition to the Brown Act, State laws, such as the Political Reform Act ("PRA"), impose certain conflict of interest rules on City committee members. For example, the PRA requires members to make certain financial disclosures and prohibits members' participation in decisions affecting members' financial interests.

As with the Brown Act, the City will provide committees with conflict of interest training materials, which must be reviewed by all members. Committee chairs can request specific information from City staff regarding conflict questions.

Conflicts may exist where a member lives in close proximity to a project site or other place affected by the committee's decision, or where a committee member's personal financial interests or the financial interests of a member's business, family or source of income may be affected by the decision to be made by the committee. In such instances, the member may be prohibited from participating in the decision.

Conflict of interest rules are complex. Moreover, as with the Brown Act, violations of the PRA are serious, and can jeopardize the validity of committee decisions. Violations can result in substantial fines and criminal penalties.

Committee members may receive assistance on questions from the State Fair Political Practices Commission ("FPPC"), which is the agency that is responsible for the implementation and enforcement of the PRA. In addition, Committee chairs may ask staff for assistance. Because conflict questions are often complex and fact-intensive, committee members are urged to attempt to identify potential conflict issues well in advance of meetings at which the decision is to be made. 5 Agenda Item #9.12.

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Finally, in addition to conflict of interest rules involving financial interests under the PRA, some committee decisions on matters that require committees to act as "judges," as for example when the Planning Commission acts on subdivision map applications or use permits, variances and/or design review, fair hearing and due process requirements apply. Those requirements may preclude members from participating in decisions where the member is "personally embroiled" in the decision at stake, and also may require members to disclose information received outside of a public hearing so that stakeholders may also hear and respond to such information.

As with conflict and Brown Act requirements, committee chairs may seek assistance from staff with respect to fair hearing/due process issues, and members are urged to attempt to identify and disclose such issues well in advance of the public hearing.
6 Agenda Item #9.12.

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City of St. Helena
Meeting Ground Rules

1. Start on time

2. Everyone come prepared

3. If you called the meeting, run it well

4. If you are at the meeting, participate

5. Stay on topic

6. One person speaks at a time

7. Be open and honest

8. Actively listen- no side conversations, texting or
cellphone use

9. No negative body language or personal attacks

10. End on time
7 Agenda Item #9.12.

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[COMMITTEE NAME]

AGENDA -REGULAR MEETING
[MEETING ADDRESS]
[MEETING DATE AND TIME]
1) ROLL CALL: [LIST MEMBERS, COUNCIL LIAISON, AND STAFF LIAISON] 2) APPROVAL OF MINUTES: [Date of minutes]
3) PUBLIC FORUM: An opportunity for the public to directly address the [Committee] on items of interest to the public that are not listed on the agenda. Any person addressing the [Committee] should provide his or her name and address, and limit comments to five minutes. Because of restrictions imposed by the Brown Act, the [Committee] may not engage in substantive discussion, nor take action on matters not described on the agenda.
4) SCHEDULED MATTERS:
[List each item of business to be transacted or discussed at the meeting, with a brief description generally not exceeding 20 words and an approximate time allocated for the item.] 5) REPORTS AND ANNOUNCEMENTS BY MEMBERS AND STAFF: Reports by staff and/or [Committee] members on items of general interest. Brief questions for clarification may be posed and answered, and [Committee] 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 [Committee].
[List with approximate time allocated for each item]
6) DISCUSSION OF ITEMS TO BE PLACED ON THE NEXT MEETING AGENDA 7) ADJOURNMENT
The next regularly scheduled [Committee] meeting will be held on [Date]. This agenda was posted at City Hall, 1480 Main Street, and at [location where meeting will be held] on [Date].

Cindy Black, Interim City Clerk
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in the meeting, please contact City Hall at (707) 967-2792. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR35.102-35.104 ADA Title 11). However, City staff will attempt to assist at any time with accessibility. The City Clerk has equipment to assist those with a hearing impairment.
8 Agenda Item #9.12.

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2) ROLL CALL:

MINUTES OF THE REGULAR MEETING OF THE
[COMMITTEE NAME]
[Meeting Location]
[Meeting date and time the meeting was called to order] PRESENT: [List members, Council liaison, and staff liaison. Guests and staff scheduled to give reports or presentations may also be listed. Do not list members of the public in attendance.] ABSENT: [List members, Council liaison, and staff liaison] 3) APPROVAL OF MINUTES: MIS: [Moved/Seconded: Name/Name]. Ayes: ["All" or individual names]. Noes: [''None" or Names]. Abstain: [''None" or Names]. 4) [UST ALL AGENDA ITEMS and, if a vote was taken, indicate MIS, Ayes, Noes, and Abstain.

Although not required, the minutes may briefly discuss major points of the discussion, report or presentation. Ifthere was no discussion of the agenda item, state so. For example:

A. Election of Officers: Susan Smith was elected Chairperson and John Davis was elected Vice Chairperson. MIS: Stuart/Price. Ayes: All. Noes: None. Abstain: None.

B. Green Building Regulations: The group reviewed the subcommittee's research on green building regulations and agreed to make a presentation to the City Council and seek direction from the Council on potential new regulations the Council may wish to adopt. The staff liaison will request an agenda item be placed on the City Council's agenda in January. MIS:

Gonzales/Moore. Ayes: All. Noes: None. Abstain: None.

C. Plastic Bag Ban. This item was not discussed. ]
5) ADJOURNMENT: The meeting was adjourned at [Time].

The next regularly scheduled [Committee] meeting will be held on [Date, location and time].

SUBMITTED BY:
9 Agenda Item #9.12.

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Committee Standards of Conduct
Appointment to a City of St. Helena committee provides a unique opportunity for service to the community and leadership in the community. These positions carry an obligation of ethical conduct and personal integrity that will foster public respect, confidence and trust.

The Standards of Conduct are adopted to provide guidance to committee members to assist in fully understanding the role and responsibility of the position.

Responsibilities of Committee Service
In carrying out the responsibilities, committee members shall:

A. Perform their responsibilities in a manner that is efficient, courteous, responsive and impartial, providing fair and uniform treatment of all person and issues; B. Seek the overall public good in all decisions;
C. Foster effective, courteous and cooperative working relations with fellow members of the committee, the City Council, City staff, and the public; D. Serve as a communicator between the community and the City Council and City staff, and facilitate expression of citizen views;
E. Abide by all applicable Conflict of Interest laws, policies and regulations; Disclose possible conflicts of interest and not participate in any official decision which could materially affect the member's financial or personal interest, nor attempt to influence the vote on any such manner; F. Avoid any action which could be construed by an objective person to create the appearance of using public office for personal gain, including use of City stationery or other City resources to obtain or promote personal business, giving preferential treatment to any person or group, or impeding governmental responsiveness or efficiency;
G. Identify personal opinions and recommendations, avoiding any implication that they are those of the committee unless such position has been duly voted; and H. Refuse gifts, service or any promise of future benefit that could be construed to compromise independence of judgment or action as a public official.

Committee Behavioral Norms
A. Committee members are encouraged to share their opinions throughout the deliberative process including the rationale that led to their position.

B. The committee will allow sufficient time during meetings so members do not feel rushed and have time to digest what is said and form their own opinion.

C. Committee members will listen respectfully to each other and the public, and will respond to comments respectfully, avoiding verbal attacks.

D. The committee will stay positive and productive even when members disagree, demonstrating leadership characteristics appropriate for appointed leaders of the community.

E. All members will be given an equal opportunity to speak up and discuss the issues. 10 Agenda Item #9.12.

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F. Committee members will refrain from negative body language in response to comments by committee members or the public.

G. The Chairperson will start the discussion with a different committee member for each agenda item.

H. When committee action is contemplated, the Chairperson will ensure that all committee members have had a chance to ask questions and make comments prior to entertaining any motion.

I. Any committee member who notices disruptive behavior may call "Points of Order'' and the Chairperson will address the behavior.

Committee/Staff Relationships and Conduct
A. Committee members shall recognize that the primary functions of staff liaisons are to execute actions taken by the committee and keep the committee informed.

B. Each committee member must recognize that only the full committee has power to accept, reject, amend, influence, or otherwise guide and direct staff actions, decisions, recommendations, workloads and schedules, departmental priorities, and the official conduct of City business. Individual committee members shall make no attempt to pressure or influence staff decisions, recommendations, workloads and schedules, and departmental priorities without the prior knowledge and approval of the committee as a whole.

C. Individual committee members shall not intrude into functions which are the responsibility of staff including, but not limited to, staff decision-making, staff recommendations, work schedules, and other day to day management/administrative operations.

D. Staff is obligated to take guidance and direction only from the committee as a whole or from the appropriate management superiors as may be the case. Staff is directed to reject any attempts by individual committee members to unduly influence or otherwise pressure them into making, changing or otherwise suppressing staff decisions or recommendations, or changing departmental work schedules and priorities. Staff shall report such attempts to influence them in confidence to their management superiors, who may inform the committee as a whole of such attempts.

E. Committee members shall make every effort to avoid surprising the staff during public meetings. If there is an issue or a question a committee member has on an agenda item or a matter the committee member intends to bring up at the meeting, that member should contact staff prior to the meeting to alert them to the issue and state the question or concern.

F. Requests by committee members for information or assistance shall be responded to provided that, in the judgment of their management superior, such requests are not of a magnitude, either in terms of workload or policy, which would require that it more appropriately be assigned to staff through the collective direction of the committee. In terms of making the judgment, the following guidelines shall be considered: 1) the request should be specific and limited in scope so that staff can respond without altering other priorities and with only minimal delay to other assignments; 2) the request should only impose a "one time" rather than ongoing work requirement; and 3) the response to the request should not require more than one staff person working on the issue in excess of one to two hours.

G. When staff response to a committee member's request involves written material which may be of interest to other committee members, the staff liaison will provide copies to all committee members. In deciding items of interest, the staff liaison will consider whether the information is significant, new or otherwise not available to the committee. 11 Agenda Item #9.12.

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RESOLUTION NO. 2022- 7,2,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. HELENA

AMENDING THE COUNCIL RULES OF PROCEDURE FOR THE CONDUCT OF COUNCIL MEETINGS AND CITY COUNCIL STANDARDS OF CONDUCT T0

AMEND THE SELECTION PROCESS FOR CITY BOARDS, COMMITTEES AND

COMMISSIONS
WHEREAS, on May ll, 2021, the City Council adopted Resolution No. 2021-63, adopting the most recent version of the City Council Rules of Procedure for the Conduct of Council Meetings & Standards of Conduct (the “Rules of Procedure”); and
WHEREAS, the Rules of Procedure include a process for making appointments to City boards, committees and commissions, includingthe process of considering and evaluating applications for those positions; and
WHEREAS, the City Council desires to amend the process for considering and evaluating applications for City boards, committees and commissions as set forth in this Resolution; NOW, THEREFORE, BE IT RESOLVED The City Council of the City of St. Helena, California, does resolve as follows:

SECTION 1. Recitals. The City Council of the City of St. Helena hereby ?nds and determines that the foregoing recitals are true and correct, are incorporated herein and by this reference made an operative part hereof.

SECTION 2. Amendment to Section 2.25 of the Rules of Procedure. The third paragraph of Section 2.25 of the Rules of Procedure is hereby amended to read as follows:
[OPTION 1:

Council reviews applicants for appointments to Commissions, Committees and Boards based on interviews and quali?cations.
lowest-ar At a council meeting following completion of the shall nominate applicants and appointments are subject to approval by the majority of Council.] SECTION 3. Rules of Procedure Remain in Effect. Except as modified and amended by this Resolution, all other provisions of the Rules of Procedure shall remain unchanged and in full force and effect. SECTION 4. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption.

Agenda Item #9.12.

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PASSED, APPROVED AN
D
bythe Council ofCity Helena St. City
California, at a regular meeting held thofe following byvote: 9th day August, 2022, is
Mayor Ellsworth: se
nt Vice Mayor Dohring:

Councilmember Chouteau:

Councilmember Hall.

Councilmember Hardy:

PAUL SON DOHRING, J

VICE MAYOR
.’
/
”‘;!LD1._ ._4. I
'~0'1' 'If?"II
TZP
A
TCLE
RK
Agenda Item #9.12.

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Exhibit A

CITY COUNCIL, BOARDS,

COMMITTEES & COMMISSIONS

RULES OF PROCEDURE FOR THE

CONDUCT OF COUNCIL

MEETINGS
&

STANDARDS OF CONDUCT
Agenda Item #9.12.

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2 Agenda Item #9.12.

Page 278 of 459 ends

3 TABLE OF CONTENTS

1. PURPOSE .....................................................................................................4

1.1 Council-Manager Form of Government ..............................................4

1.2 City Council Vision and City Council Mission......................................4

2. RULES OF PROCEDURE FOR THE CONDUCT OF
COUNCIL MEETINGS ……….......................................................................5

2.1 Regular Meeting..................................................................................5

2.2 Special, Emergency, and Adjourned Meetings .................................56

2.3 Regular Meeting Agenda ....................................................................6

2.4 Public Testimony and Comments Before the Council.........................7

2.5 Roll Call and Voice Votes .................................................................89

2.6 Consent Items …………………………................................................9

2.7 Reports………………………………….................................................9

2.8 Closing Time of Council Meetings ......................................................9

2.9 Old Business…………………… ......................................................910

2.10 New Business…………………… ....................................................910

2.11 Office of the Mayor……………………...............................................10

2.12 Office of Mayor Pro Tempore (Vice Mayor) …………………… ....1011

2.13 Action by the Council…………………… ...........................................10

2.14 Adoption by Majority Vote…………………… ....................................11

2.15 Discussion……………………............................................................11

2.16 Ratification of Actions…………………….......................................1112

2.17 Procedural Motions…………………… ..........................................1112

2.18 Withdrawal of Motion……………………........................................1213

2.19 Duty to Vote…………………… .........................................................13

2.20 Introduction and Passage of Ordinance……………………...............13

2.21 Closed Sessions…………………… ..................................................13

2.22 Quorum…………………… ................................................................14

2.23 Telephonic Teleconference Attendance Of Council Members At Council Meetings……………………...........................................................1415

2.24 Public Hearings…………………… ................................................1624

2.25 Appointments to Committees and Boards……………………........1624

2.26 Protocol for Committees, Commissions and Boards(CCB)…………25

2.276 Rosenberg’s Rules of Order: Simple Parliamentary Procedures Agenda Item #9.12.

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4 for the 21st Century……………………..........................................1731

3. CITY COUNCIL STANDARDS OF CONDUCT ......................................1731

3.1 Policy Purpose…………................................................................1731

3.2 Ethics…………..............................................................................1731

3.3 Code of Ethics and Conduct………. .............................................2035

3.4 Enforcement and Sanctions..........................................................2540

3.5 Implementation………….. .............................................................2941

APPENDIX
Exhibit–Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century
Agenda Item #9.12.

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5 1. PURPOSE
The purpose for establishing City Council Protocols is to provide an effective environment for the City Council to provide leadership. The protocols may be amended by resolution adopted by a majority vote of the Council Members and should be reviewed on a regular basis to ensure that the document remains helpful to the Council by providing a framework for effective leadership.

The protocols set forth herein are not intended to limit the inherent power and general legal authority of the City Council. Any of the protocols herein may be waived by a majority vote of the Council Members when it is deemed that there is good cause to do so based upon the particular facts and circumstances.

1.1 Council-Manager Form of Government
The City of St. Helena operates according to the Council-Manager form of government which vests authority in an elected City Council which, in turn, hires an appointed executive, the City Manager. The City Council is composed of five members elected from the City on a nonpartisan basis to serve overlapping four-year terms. The Mayor is elected at-large to serve a two-year term as presiding officer at City Council meetings and as the official head of the City for legislative and ceremonial purposes. The City Manager is appointed by the City Council and serves at the pleasure of that body.

The City Council is the City’s legislative and policy-making body. Acting as a whole, the City Council is responsible for setting the direction of City policy and for adopting ordinances, resolutions and other orders as necessary for governing the City. The City Manager is responsible for the overall administration of the City, which includes implementation of the general policies set by the City Council in addition to the day-to-day operation of all City functions. The City Manager, with the help of the Staff, provides the City Council with the information needed to fulfill its policy-making role.

The Council-Manager form of government separates legislative and executive responsibilities in a manner similar to state and federal governments. This system provides "checks and balances" of both policy and administrative branches of government by limiting the power of each.

1.2 City Council Vision and City Council Mission
Council Vision
St. Helena strives to be a diverse, inclusive, family-friendly, economically and environmentally sustainable community which prudently manages all of its resources, continues to improve its infrastructure, ensures its water security, provides a full range of housing, business, cultural and Agenda Item #9.12.

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6 recreational opportunities and cherishes its historic, small-town character, beautiful natural environment and high quality of life.

Council Mission
The City of St. Helena is dedicated to serving its citizens by:
• Promoting a culture of equity, diversity and inclusion • Supporting thriving families and ensuring the health and wellbeing of our youth
• Ensuring our long-term economic sustainability and focusing on new and diverse sources of revenue
• Preventing, preparing for, and mitigating fire and other local emergencies
• Improving and maintaining City infrastructure
• Updating our water management policies to ensure an adequate water supply
• Responding innovatively to climate change challenges and adopting environmentally sustainable best practices
• Preserving our historic, small-town, rural character
• Expanding recreational, active transportation and cultural opportunities • Facilitating innovative, well-designed housing for residents of all backgrounds, ages and income levels
• Encouraging full civic participation and ongoing communication • Strengthening regional collaboration with other public entities and building partnerships with local service providers and stakeholders (See Resolution Number 2021-__, dated May 11, 2021.)

2. RULES OF PROCEDURE FOR THE CONDUCT OF COUNCIL MEETINGS

2.1 Regular Meeting
The Council shall hold a Regular Meeting on the second and fourth Tuesday of each month, except that the Council may by motion at a Regular Meeting and with adequate public notice, either cancel that meeting or reschedule it to some other date.

Regular Meetings shall be held at the Vintage Hall Board Room, 465 Main Street, St. Helena, and shall begin at 6:00 p.m. If it is necessary to hold a closed session prior to the start of a Regular Meeting, the closed session may begin earlier than the normal starting time to allow the Regular Meeting to begin at 6:00 p.m. Closed session may also occur after a regular meeting was adjourned or outside of a regular meeting day. The closed session shall begin in an open meeting and the Council shall adjourn to closed session.

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7 2.2 Special, Emergency, and Adjourned Meetings
(a) Special Meetings. The Mayor or the Vice Mayor in the Mayor’s absence or a majority of the members of the Council or the City Manager may at any time call a Special Meeting. At least twenty-four hours before a Special Meeting, written notice of the meeting stating its time and place and the subjects to be considered shall be (a) delivered to the Mayor and each Councilmember personally or by any other means; (b) posted on the Council’s principal bulletin board, City website and place of meeting; and (c) emailed to the agenda subscribers. Only those items of business specified in the notice may be considered at a Special Meeting called in this manner.
(b) Emergency Meeting. The Council may hold an Emergency Meeting in emergency situations as set forth in the City’s Municipal Code and State Law.
(c) Adjourned Meeting. A properly called Regular, Special, or Emergency Meeting may be adjourned to a time and place specified. A copy of the notice of adjournment shall be posted as specified on the door of the place where the meeting was held within twenty-four hours after the time of the adjournment. Further notice need not be given of an adjourned session of a properly called Regular, Special, or Emergency Meeting.

2.3 Regular Meeting Agenda
(a) Setting and Posting of Agenda. The agenda of business to come before the Council at a Regular Meeting shall normally be closed at the end of eighteen business days preceding the meeting. Under State Law the agenda for a Regular Meeting must be posted at least seventy-two (72) hours prior to the scheduled convening of the Regular Meeting, and no items may be added to the agenda fewer than seventy-two (72) hours prior to the meeting except as may be allowed by State Law. The City Council endeavors to publish the meeting agenda at least ten daysas early as possible prior to the meeting, but no later than 72 hours in advance.
(b) Placing Items on the Council Agenda. Each City Council agenda shall specifically provide for a discussion of Future Agenda Items. Any Council Member may request that an item be considered on a future agenda during that portion of the City Council meeting and, upon agreement by a second Council Member concurring that Staff time and City resources should be expended on the item, the item shall be placed on the soonest practical regularly scheduled Council meeting as determined by the City Manager. A member of the public may request that an item be placed on a future agenda during Public Forum or through other communication with a Council Member. Staff reports may not be prepared on Council Member requested items until Council discussion has occurred and direction provided by the Council unless Staff otherwise Agenda Item #9.12.

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8 determines. If Council action is contemplated, proposed action shall be included in the Staff report. The City Manager may also add any item of business to a future agenda in his or her sole discretion. (c) Agenda Packet Distribution. Each Councilmember shall be furnished an e-agenda copy of the agenda and the package of agenda material by no later than 5:00 p.m., on the FridayFriday prior to the regular meeting. However, staff will strive to publish the agenda as early as possible. The requirement is to publish 72 hours in advance meeting Brown Act guidelines.eleven days preceding a Regular Meeting, and Tthe agenda and agenda materials shall be available for public inspection and distribution or copying at that the time of publication. Each Councilmember may opt out from receiving a paper agenda and instead receive and review the agenda electronically on a City issued iPad. Any agenda materials not included in the agenda package by 5:00 p.m., that Friday shall be separately identified, and the Council may by majority vote continue such agenda item until the following meeting to allow for proper study of the materials.
(d) Order of Agenda. The business of the Council shall be taken up for consideration in substantially the following order except as may be otherwise ordered:

1. Call to Order

2. Pledge of Allegiance

3. Roll Call

3.4. Adoption of the Agenda

4.5. Public Forum

5.6. Reports by Staff and City Council, Future Agenda Items and AB 1234 Reports

6.7. Presentations and Public Recognitions

7.8. Staff Briefing

8.9. Consent Items and Items Removed from Consent

9.10. Public Hearings

10.11. Old Business

11. New Business

12. Items likely to be placed on the next or future meeting agenda.

12.13. City Council Reports

13.14. Adjournment
Agenda Item #9.12.

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9 (e) A copy of the agenda and the package of agenda materials shall be made available for public inspection at City Hall. and at the St. Helena Public Library at or near the time they are circulated to the City Council.

2.4 Public Testimony and Comments Before the Council
(a) Addressing the Council Generally. Each person addressing the Council may give his or her name and address (optional) in an audible tone of voice for the record. Each person’s comments are limited to four minutes except as provided in section (b) regarding land use Public Hearings. In the further interest of time, speakers may be asked to limit their comments to new materials and not repeat what a prior speaker said.

Organized groups may choose a single spokesperson who may speak for the group. Speakers may not concede their allotted time to another speaker. The Mayor may extend time for the speaker.
(b) Addressing Council at Land Use Public Hearings. An applicant appellant at a land use Public Hearing shall be permitted to address the Council for 15 minutes following the Staff report. If there is a spokesperson for the opposition, the spokesperson shall be permitted to speak for 15 minutes. All other speakers are limited to four minutes each.

Applicant shall first be permitted five minutes at close of public comments for rebuttal. If the applicant is the appellee the appellant shall have 15 minutes, the applicant appellee shall have 15 minutes, the appellant five minutes, and the applicant appellee five minutes.
(c) Presentation by Spokesperson. Whenever any group of persons wishes to address the Council on the same subject matter, it shall be proper for the Mayor to request that a spokesperson be chosen by the group to address the Council, and, in case additional matters are to be presented at the time by any other member of the group, to limit the number of persons so addressing the Council so as to avoid unnecessary repetition before the Council.
(d) Irrelevant Testimony. The Mayor shall rule out of order any testimony not relevant to the agenda item then under discussion.
(e) Protocol. The purpose of public testimony is for Councilmembers to benefit from the views of the public. Comments from the public should be directed towards the Council. Councilmembers and Staff should avoid entering into a dialogue with members of the public who may address the Council. Questions raised by members of the public may be referred to Staff.
(f) Public Comment on Agendized Items. Members of the public are entitled to speak on any item on the agenda during a Public Hearing on the subject matter opened by the Mayor. Each person is entitled to speak on any agenda item only once at any meeting, and the right to speak at the appropriate time waives any further right to address the Council on Agenda Item #9.12.

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10 that item at that meeting. Participation in debate on any item before the Council shall be limited to members of the Council, although Councilmembers may ask members of the public for additional information.

Written communications addressed to the City Council are to be referred to the City Clerk for:

Forwarding to the Council and posting to the appropriate agenda packet item. Written communication must be received at least three hours prior to the meeting to be included in the agenda packet.

Written communication will not be read aloud at the meeting. (g) Public Comment on Non-Agendized Items. Members of the public are entitled to speak on matters of municipal concern not on the agenda, during consideration of that portion of the meeting agenda entitled “Public Forum” when that item is called by the Mayor. Each person is entitled to speak on non-agendized items only once at any meeting. Brief questions by Councilmembers for clarifications may be posed and answered, and Councilmembers may make requests that items be placed on future agendas, but in accordance with State Law, no substantive discussion may take place unless and until the matter properly appears on the agenda.

2.5 Roll Call and Voice Votes
A roll call vote shall be taken on the approval of the Consent Calendar, the introduction of ordinances, and the adoption of ordinances, resolutions, and orders for the payment of money. Roll call votes shall be entered in the minutes of the Council showing those members voting yes, those voting no, and those abstaining or absent.

Any other motion may be passed by voice vote provided, however, that any Councilmember may request a roll call vote on any items to be voted on.

2.6 Consent Items
Those items on the agenda considered routine by the City Manager shall be grouped together under “Consent Items” and the recommended actions approved by a single vote of the Council. At the request of any Councilmember or any other person present at the meeting, a Consent Item shall be considered separately following approval of the remaining “Consent Items.” Items approved under the heading “Consent Items” will appear in the Council minutes in their proper form, as if approved item by item.

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11 2.7 Reports
Under the agenda heading “Reports” the City Manager, other City Staff, and Councilmembers may make reports on matters not on the agenda. Also at this time, Councilmembers or Staff may identify issues or agenda items that need to be addressed by the City Attorney during the meeting, and may propose future agenda items.

2.8 Closing Time of Council Meetings
Council meetings shall adjourn by 9:00 p.m. However, the Council may by majority vote extend the meeting up to an additional thirty minutes (9:30 p.m.) if the Council deems such extension necessary. A unanimous Council vote shall be required to extend the meeting past 9:30 p.m. and adjourn by 10:00 p.m.

Otherwise, the meeting shall be adjourned to another day acceptable to the Council, or unfinished business may be continued to the next regular meeting.

2.9 Old Business
“Old Business” will include uncompleted items carried over from a prior meeting agenda and placed under this agenda heading for consideration.

2.10 New Business
The Council shall not consider any resolution, motion, or matter which does not affect the conduct of the business of the City of St. Helena or its corporate powers or duties as a municipal corporation nor shall the Council consider any resolution or motion supporting or disapproving any legislation or action pending in the Legislature of the State of California, the Congress of the United States or before any officer or agency of the State or Nation unless such proposed legislation or action, if adopted, will affect the conduct of the municipal business or the powers and duties of the City of St. Helena or its officers or employees as such.

2.11 Office of the Mayor
The Mayor shall preside at meetings of the Council, shall be entitled to vote on all matters, and shall be considered a Councilmember for all purposes, including the determination of whether a quorum is present. The Mayor will recognize members that wish to speak.

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12 c) To ensure that the public has reasonable opportunity to be heard; d) To entertain and answer questions of parliamentary law or procedure; e) To call a brief recess at any time;
f) To adjourn in an emergency;
g) To appoint a Vice Mayor subject to Council approval who shall serve during the term of the Mayor, and becomes the Mayor Pro Tempore in the Mayor’s absence.

2.12 Office of Mayor Pro Tempore
A Councilmember who serves as Mayor pro tempore shall be entitled to vote on all matters and shall be considered a Councilmember for all purposes, including the determination of whether a quorum is present. In the Mayor’s absence, the Mayor pro tempore shall have the Mayor’s powers and duties. If the Mayor should become physically or mentally unable to perform the duties of his or her office, the other Councilmembers may by unanimous vote declare the Mayor is incapacitated and confer the Mayor’s powers and duties on the Mayor pro tempore.

When the Mayor declares that he or she is no longer incapacitated, and a majority of the Council concurs, the Mayor shall resume the exercise of his or her powers and duties. If both the Mayor and the Mayor pro tempore are absent from a meeting, the Council may elect from among its members a temporary chair to preside at the meeting.

2.13 Action by the Council
Action by the Council shall be by motions made and voted upon. A motion shall require a second. The Mayor and any other Councilmember may make or second a motion. A substantive motion is out of order while another substantive motion is pending.

2.14 Adoption by Majority Vote
A motion shall be adopted by a majority of the votes cast, a quorum being present, unless otherwise required by these rules or the laws of California.

Resolutions, orders for the payment of money, and all ordinances require at least three votes for passage.

2.15 Discussion
The City Council shall address an agenda item as follow:
(a) Staff shall introduce the agenda item and present the Staff report. (b) City Council shall ask questions of Staff.

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13 (c) The Mayor will invite public comment on the item. (d) Having received all public testimony, the Council will deliberate on the matter.
(e) If appropriate, the Mayor will entertain a motion, including any motion proposed by the Mayor.
(f) If a motion has received a second, the Mayor shall state the motion and if any Council Member wishes for the discussion, open for additional Council discussion.
(g) The Mayor shall preside over the discussion according to the following general principles:

1. The maker of the motion is entitled to speak first;

2. A person who has not spoken on the issue shall be recognized before someone who has already spoken;

3. To the extent possible, the discussion shall alternate between opponents and proponents of the measure.

2.16 Ratification of Actions
To the extent permitted by law, the Council may ratify actions taken on its behalf but without its prior approval. A motion to ratify is a substantive motion.

2.17 Procedural Motions
(a) In addition to substantive proposals, the following procedural motions, and no others, shall be in order. Unless otherwise noted, each motion is debatable, may be amended, and requires a majority of the votes cast, a quorum being present, for adoption. (b) To Adjourn. The motion may be made only at the conclusion of action of a pending substantive matter; it cannot interrupt deliberation of a pending matter.
(c) To Take a Brief Recess.
(d) Call to Follow the Agenda. The motion must be made at the first reasonable opportunity, or the right to make it is waived for the outof-order item in question. (e) To Suspend the Rules. The motion requires for adoption a vote of a majority of the quorum of the Council. The Council may not suspend provisions of the rules that are state requirements imposed by law on the Council.
(f) To Divide a Complex Motion and Consider It by Paragraph. (g) To Call the Previous Question. The motion is not in order until every member has had an opportunity to speak once.

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14 (h) To Continue an Item to a Future Meeting Certain. (i) To Refer to Staff for Action.
(j) To Amend. An amendment to a motion must be pertinent to the subject matter of the motion. An amendment is improper if the amended motion has the same effect as rejection of the original motion. A motion may be amended, and that amendment may be amended, but no further amendments may be made until the last amendment is disposed of by a vote.
(k) To Reconsider. The motion must be made by a member who voted with the prevailing side, and only at the meeting during which the original vote was taken, including any continuation of that meeting through adjournment to a time and place certain, or at the next Regular Meeting unless intervening actions taken based on the original action make such reconsideration impracticable. The motion cannot interrupt deliberation on a pending matter, but is in order at any time before final adjournment of the meeting. (l) To Rescind or Repeal a Previous Action. A motion to rescind or repeal a previous action is not in order if the rescission or repeal is forbidden by law or made inappropriate by virtue of actions taken in accordance with the previous action.
(m) To call for a Straw Vote. The Mayor, at the Mayor’s discretion, may call for a Straw Vote among members on any item prior to inviting public testimony or Council comment.

2.18 Withdrawal of Motion
A motion may be withdrawn by the introducer at any time before a vote, with or without the consent of any “seconder” of the motion. However, any other Councilmember may ask to be considered the introducer of the motion and, if again seconded, debate may continue without further interruption.

2.19 Duty to Vote
Every member must vote on every item unless prevented from doing so by virtue of an actual or potential conflict of interest under applicable State Law. Any member who believes he or she has a conflict or potential conflict of interest must announce such at the initiation of discussion or when such conflict or potential conflict becomes apparent, and shall refrain from any part in the debate, deliberations, or voting on that issue, except as allowed by State Law.

2.20 Introduction and Passage of Ordinance
A proposed ordinance shall be deemed to be introduced on the date the subject matter is first voted on by the Council. The Mayor shall read the title of the Agenda Item #9.12.

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15 ordinance, after which a roll call vote shall be taken to introduce the ordinance.

The City Clerk shall then read the ordinance in its entirety unless such reading is waived by a separate motion adopted by unanimous vote of the Councilmembers present. An ordinance, other than an urgency, may not be passed within five days of its introduction or alteration. Corrections of typographical or clerical errors are not alterations.

2.21 Closed Sessions
(a) The Council may hold closed sessions only as provided for by law and according to the provisions herein.
(b) As part of any regular or special City Council meeting as appropriate, the City Council, the City Attorney, and relevant Staff may discuss and agree upon the need for any future closed sessions, including the legal authority for the closed session and the nature of the matter to be discussed, in adequate detail to meaningfully inform the public while maintaining required confidentiality and any applicable attorney-client privilege. Where the City Manager and City Attorney agree that the nature of a matter requires consideration in closed session, the requirement for prior open session discussion shall not apply.
(c) The City Council agenda for any regular or special Council meeting shall include general information about closed sessions as follows:

The City Council will convene in open session at the
stated time, but will then adjourn to address any
closed sessions items listed on the agenda. The
public is invited to address the Council with comment
on any listed closed session item immediately prior to
Council’s adjournment into closed session or
consistent with any other provisions permitting public
comment. The Council will reconvene in Public
Session at 6:00 p.m. or at the first Council meeting
following any closed session. At that time, if
appropriate and as required under the Brown Act, any
actions taken during the preceding closed session will
be announced by the City Attorney or Mayor. If
necessary, the Council may reconvene in closed
session to continue discussion of listed items
following the completion of open session business.
(d) The City Council agenda for any regular or special Council meeting at which the Council will adjourn to closed session shall provide notice of that closed session as provided for under the Brown Act and shall include a narrative description of the legal authority for the closed session and the nature of the matter to be discussed in adequate detail to inform the public while maintaining required Agenda Item #9.12.

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16 confidentiality or any applicable attorney-client privilege. Reporting out of closed session shall be consistent with the requirements of Brown Act, and may be of greater detail than required when the disclosure of such detail is not inconsistent with maintaining required confidentiality and any applicable attorney-client privilege.

2.22 Quorum
A majority of the actual membership of the Council, including the Mayor but excluding vacant seats, shall constitute a quorum. A member who has withdrawn from a meeting without being excused by majority vote of the remaining members present shall be counted as present for purposes of determining whether or not a quorum is present.

2.23 Telephonic Teleconference Attendance Of Council Members At Council Meetings
(a) The City Council Procedures provisions concerning
TelephonicTeleconference Attendance shall apply to all Boards and Commissions as well as the City Council. Requests by Council Members to attend a Council meeting via telephonicteleconference appearance are actively discouraged.
(b) Effective January 1, 2023, Assembly Bill 2449 amended the Brown Act, California Government Code Sections 54950 et seq., as it pertains to teleconference meeting participation by legislative body members.
• Applicability
(c) When a legislative body member wishes to attend a legislative meeting by teleconference under the provisions of Assembly Bill 2449, codified at California Government Code Section 54953(f) et seq., the following policies and procedures shall apply. Nothing herein is intended to prevent a member’s ability to attend a legislative meeting remotely if such attendance is otherwise authorized by Government Code Section 54953.
• Terms
(d) “Chairperson” shall mean the Mayor or Chair of the legislative body, as applicable. “Vice-Chairperson” shall mean the Vice Mayor, or Vice-Chair of the legislative body, as applicable.
“City” shall mean City of St. Helena
“Description” shall mean a brief general description of a legislative body member’s circumstances that warrant teleconference meeting attendance under the “Just Cause” exception or “Emergency Circumstances” exception, which need not exceed 20 words and Agenda Item #9.12.

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17 need not to disclose any medical diagnosis, disability, or exempt personal medical information. (GC 54953(f)(2)(A)(i)–(ii)) “Disclosure” shall mean an announcement by the Member, made during the legislative meeting where the Member will attend by teleconference, disclosing the presence of other individuals over the age of 18 in the room at the Member’s teleconference location, and the general nature of the individual’s relationship to the Member. (GC 54953(f)(2)(B))
“Legislative body” shall have the same meaning as prescribed by Government Code Section 54952, i.e. a body that is subject to the Ralph M. Brown Act.“ Meeting” and “legislative meeting” shall have the same meaning as prescribed by Government Code Section 54952.2, i.e. a meeting of a legislative body that is required to be noticed under the Ralph M. Brown Act.
“Member” shall mean a member of a legislative body.
“Notification” shall mean a notification from a legislative body member of the Member’s need to attend a meeting by teleconference under the “Just Cause” exception. Notifications shall not require legislative body approval. (GC 54953(f)(2)(A)(i))
“Request” shall mean a request from a legislative body member that their legislative body actively approve their request to attend a meeting by teleconference under the “Emergency Circumstances” exception. (GC 54953(f)(2)(A)(ii))
“Teleconference” attendance at a legislative meeting, for purposes of this policy, shall be presumed to be accomplished by Zoom or the equivalent two-way audio-visual virtual software platform in use by the City at that time. “Teleconference” attendance shall mean attendance solely by virtual platform and shall not include a Member who attends a meeting in person and secondarily views the meeting by virtual platform. Provisions of this policy shall apply only to teleconference attendance under AB 2449 and shall not constrain the Member’s ability to attend by teleconference under other sections of the Brown Act.
• Available Exceptions for Teleconference Attendance
The Member shall be responsible for determining which of the two available exceptions is applicable to the Member’s need to attend by teleconference. The Member’s determination shall not be investigated by staff as to the veracity of any such request or claim.

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18 Such determination shall be subject to review by the legislative body alone. The available exceptions are:

1. “Just Cause” (GC 54953(f)(2)(A)(i))

2. “Emergency Circumstances” (GC 54953(f)(2)(A)(ii))
• Exceptions Defined
Exception #1: “Just Cause” circumstances are defined as any one of the following:
a. Caregiving of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires a member to participate remotely.
b. A contagious illness that prevents the member from
attending in person.
c. A need related to a physical or mental disability.
d. Travel while on business of the legislative body or another state or local agency.

Exception #2: “Emergency Circumstances” are defined as a physical or family medical emergency that prevents a member from attending in person.

The foregoing definitions are set forth in this policy for convenience; in the event applicable law is changed to amend the nature of qualifying teleconference circumstances, the amended law shall supersede this section. • Limitation on Number of Uses
Members may attend meetings by teleconference under AB 2449 no more than the following number of times per calendar year:
a. City Council: Four (4) meetings per year
b. Planning Commission: Four (4) meetings per year
c. All other Boards, Committees and Commissions: Two (2) meetings per year
The above limitations shall factor in all meetings noticed under the Brown Act, whether Regular, Special, Closed, Joint, or otherwise. In the event a Member attends by teleconference multiple, contiguous meetings held on the same date, each meeting shall be counted separately.

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19 1. Notwithstanding any other provision, a Member may utilize the “Just Cause” exception no more than two (2) times per calendar year.

2. Notwithstanding any other provision, a Member may not attend meetings solely by teleconference for a period of more than three consecutive calendar months.
a. In the event a Member attends meetings solely by
teleconference for a period of three consecutive calendar months, or attends meetings by teleconference the maximum number of allowable times per year, the Member must either attend in person; attend by other permissible teleconference provisions; or be counted as absent, for the remaining meetings in that calendar year.
• Procedure for Legislative Body Members
A Member wishing to avail themselves of the “Just Cause” exception shall adhere to the following:

1. Notification of the member’s need to attend by
teleconference, along with the required description of the circumstances creating the need, shall be made in writing prior to the meeting, and/or orally at the start of the subject meeting or during any prior meeting.
a. If the notification and description are delivered prior to the meeting, the Member shall submit the notification and
description:
b. In writing by email;
c. To the entire legislative body, preferably to the body’s group email address;
d. With a copy to staff.

Such communication to the entire legislative body shall be deemed to be not in violation of the Brown Act.

1. If the notification and description are delivered during a meeting prior to the meeting where the Member wishes to attend by Agenda Item #9.12.

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20 teleconference, the Member shall make the required notification and description during the Member Comments order of business.

2. If the notification and description are delivered at the start of the subject meeting, the Member shall be present on the teleconference platform at the time the meeting is convened, and at the prompting of the Chairperson, shall make the required notification and description during the meeting prior to the attendance roll call. (Refer to Section 3 below.)

3. The Member shall disclose the presence of any other adults in the room at the teleconference location, and the general nature of their relationship to the member, during the subject meeting. This requirement shall apply regardless of the timing of the notification and description.

4. A Member wishing to avail themselves of the “Emergency Circumstances” exception shall adhere the following:
a. A request that the legislative body approve the Member’s request to attend by teleconference, along with the required description of the circumstances creating the need, shall be made in writing prior to the meeting, and/or orally at the start of the subject meeting.
b. If the request and description are delivered prior to the meeting, the Member shall submit the request and description:
•In writing by email;
•To the entire legislative body, preferably to the body’s group email address;
•With a copy to staff.

Such communication to the entire legislative body shall be deemed to be not in violation of the Brown Act, so long as there is no discussion of any item of business within the legislative body’s jurisdiction. Regardless, the legislative body’s action to approve or deny the teleconference request must be taken during a noticed meeting.

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21 b. If the request and description are made at the start of the subject meeting, the Member shall be present on the
teleconference platform at the time the meeting is convened, and at the prompting of the Chairperson, shall make the required request and description during the meeting prior to the attendance roll call. (Refer to Meeting Procedures, below.)

5. The legislative body must move to approve or deny the request during the meeting prior to the attendance roll call. (Refer to Meeting Procedures, below.)

6. The Member shall disclose the presence of any other adults in the room at the teleconference location, and the general nature of their relationship to the member, during the subject meeting. This requirement shall apply regardless of the timing of the request and description.

7. Notwithstanding any other provision, teleconferencing Member(s) shall participate through both audio and visual technology. Members may mute their microphone while not speaking, but Members shall be visible through the visual technology at all times during the meeting. In the event a member is not visible, the member shall be noted as absent during that period.
• Recordkeeping
The Member shall be responsible for assuring that any description, notification, request, and/or disclosure related to teleconference attendance are made in a manner that may be placed into the meeting record.

1. To the extent that the Member’s notification, description and/or request is delivered prior to the meeting, staff shall archive the written communication as agenda correspondence along with the meeting record.

2. To the extent that the Member’s notification, description, request, and/or disclosure is delivered during a legislative meeting, staff shall record the same in the minute record, along with record of the legislative body’s action to approve or deny any “Emergency Circumstances” requests.

3. The legislative body’s Minute Clerk shall keep data regarding each Member’s use of teleconference attendance provisions under Agenda Item #9.12.

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22 AB 2449, and apprise the Chairperson if any Member has reached their annual limit. (Refer to Limitation on Number of Uses, above.) • Meeting Procedures
Business to be conducted by the legislative body relating to compliance with these regulations shall be conducted after the Call to Order, but prior to the attendance roll call, of the meeting where a Member will or may attend by teleconference. The Chairperson shall be responsible for the conduct of this portion of the meeting, with assistance from staff if needed. All related business shall be conducted in a manner that is evident to other meeting attendees and may be recorded in the meeting record. Such business to be conducted prior to attendance roll call shall include, and be conducted in substantially this form:

1. If any Member is not present in person and the Chairperson is not aware of the Member’s planned absence, the Chairperson shall acknowledge that the Member either is, or may be, present on the teleconference platform.

2. If necessary, staff shall confirm whether the Member is present on the teleconference platform.

3. If the Member is present on the teleconference platform:
a. If the Member has made their notification or request in writing prior to the meeting: The Chairperson shall note for the record that the Member has submitted a notification and description of the need to attend the meeting by teleconference under the “Just Cause” exception; or made a request and description to be permitted to attend by teleconference under the “Emergency Circumstances” exception.
b. If the Member has not made their notification or request in writing prior to the meeting: The Chairperson shall prompt the Member make their notification of the need to attend the meeting by teleconference, and description of the
circumstances giving rise to the need under the “Just Cause” exception; or make their request to be permitted to attend by teleconference, and description of the circumstances giving rise to the need under the “Emergency Circumstances” exception.

Agenda Item #9.12.

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23 c. If the Member makes a request to be permitted to attend by teleconference under “Emergency Circumstances” exception, whether before or during the meeting:
i. Any Member present in person may move to add an
item of business to the agenda on an urgency basis to allow the legislative body to act on the Member’s request. If no motion is forthcoming, the Chairperson shall so move. Such action shall comply with Government Code Section
54954.2(b).
ii. Thereafter, the Chairperson shall ask the remaining Members to either approve or deny the request. Any
Member may move approval or denial, but if no motion is forthcoming, the Chairperson shall so move. Members shall consider the request in good faith and shall not capriciously deny the request. The request shall be deemed approved if at least a majority (at least 2 of 3, or 3 of 4) of the Members present in person consent.
d. The Chairperson shall, finally, prompt the Member to disclose the presence of any other individuals over the age of 18 in the room at the Member’s remote location, and the general nature of the individual’s relationship to the Member.

Notwithstanding any other provision, this disclosure shall be made on record during the meeting.
e. If the Member is not present on the teleconference platform; if the Member refuses to make the required requests or
disclosures; or if the Member’s request to attend under the “Emergency Circumstances” exception is made but not
approved, the Member shall be recorded as absent. (Refer to Failure to Comply, below.)
f. This process shall be repeated for each Member not present in person who does, or may, wish to attend the meeting by teleconference.
g. The Chairperson shall then prompt the Meeting Clerk to proceed to attendance roll call.

Agenda Item #9.12.

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24 4. In the event the Chairperson wishes to attend a meeting by teleconference, the Vice-Chairperson, if present in person, shall be responsible for performing the Chairperson’s duties as outlined above. Thereafter, the teleconferenced Chairperson may chair the remainder of the meeting, or may ask that the Vice-Chairperson do so.

5. In the event both the Chairperson and Vice-Chairperson wish the attend the meeting by teleconference; or in the event the Chairperson wishes to attend by teleconference and the ViceChairperson is absent, an Acting Chairperson shall be selected from among the Members attending the meeting in person, in order to perform the Chairperson’s duties as outlined above.

6. In the event three (3) or more Members attempt to join a meeting by teleconference; and/or in the event two (2) or fewer Members are present in person at the meeting location; staff shall announce that the meeting cannot be convened.
• Failure to Comply; Enforcement Measures
In the event a Member attempts to attend a meeting by teleconference in excess of the allowable number of times per year; in excess of three consecutive months; without making the necessary notices, requests, or disclosures; or if the Member’s request to attend under the “Emergency Circumstances” exception is made but not approved, the Chairperson shall, at the start of the meeting prior to the attendance roll call, ask the remaining legislative body members for concurrence to disallow the Member’s attendance at the meeting.

After such concurrence, staff shall permit the Member to remain on the teleconference platform, but shall demote the Member to a passive attendee, and note the Member as absent for the attendance roll call, and in the meeting record.

1. Repeated inability or refusal to comply with the provisions of this policy, or related laws, may be grounds for consideration of dismissal of an Advisory Body Member by the City Council.

2. In the event a Member’s inability or refusal to attend a meeting by teleconference in compliance with this policy, or related laws, results in the Member being recorded as absent from the meeting, existing policies and laws regulating legislative body member absences (including Bylaw provisions for Advisory Body Agenda Item #9.12.

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25 Members, and Government Code Section 36513 for Council Members) shall apply.
• Other Compliance Measures
In addition to the above provisions relating the conduct of legislative body members, whenever at least one Member attends a meeting by teleconference under AB 2449, staff shall be responsible for other applicable compliance measures, including but not necessarily limited to the following:

1. Staff shall assure that each posted agenda provides, and describes, means by which all members of the public may observe or attend the meeting and offer public comment.

2. Staff shall assure that members of the public are allowed to make public comment in real time during all allotted public comment periods while attending at a Member’s teleconferencing location, and shall give sufficient time for interested parties to indicate their interest in speaking, and request the Member to unmute their device, in order to allow them to comment via the teleconference platform.

3. Staff shall give notice of, and implement, a procedure for swiftly resolving requests for reasonable accommodations for individuals with disabilities.

4. All votes taken at a meeting where any Member attends by teleconference under the provisions of AB 2449 shall be taken by roll call vote.
• Conflict Between Law and Policy
In the event this policy conflicts with applicable state law, as exists or may be amended in the future, state law shall control, and the validity of the remaining sections of this policy shall be unaffected.
(a) Telephonic attendance shall only be permitted in the event of extraordinary events such as a medical, family or similar emergency requiring a Council Member’s absence. In addition, at least a quorum of the Council must participate from a location within the City (Government Code Section 54953(b)(3)).
(b) If these two threshold requirements are met, the Council Member who will be appearing telephonically must ensure that:

1. The meeting agenda identifies the teleconference location and is posted at that location in an area that is accessible and visible 24 hours a day for at least 72 hours prior to the meeting.

Agenda Item #9.12.

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26 2. The teleconference location is open and fully accessible to the public, and fully accessible under the Americans with Disabilities Act, throughout the entire meeting. These requirements apply to private residences, hotel rooms, and similar facilities, all of which must remain fully open and accessible throughout the meeting, without requiring identification or registration.

3. The teleconference technology used is open and fully accessible to all members of the public, including those with disabilities.

4. Members of the public who attend the meeting at the
teleconference location have the same opportunity to address the Council from the remote location that they would if they were present in Council Chambers.

5. The teleconference location must not require an admission fee or any payment for attendance.

6. If the Council Member determines that any or all of these requirements cannot be met, he or she shall not participate in the meeting via teleconference.
(c) Approved Teleconference Guidelines for Council Members:

1. One-week advance written notice must be given by the Council Member to the City Clerk’s office; the notice must include the address at which the teleconferenced meeting will occur, the address the Council packet should be mailed to, who is to initiate the phone call to establish the teleconference connection, and the phone number of the teleconference location. Cellular telephones shall not be used to participate in teleconferenced meetings.

2. The Council Member is responsible for posting the Council agenda in the remote location, or having the agenda posted by somebody at the location and confirming that posting has occurred.

The City Clerk will assist, if necessary, by faxing or mailing the agenda to whatever address or fax number the Council Member requests; however, it is the Council Member’s responsibility to ensure that the agenda arrives and is posted. If the Council Member will need the assistance of the City Clerk in delivery of the agenda, the fax number or address must be included in the oneweek advance written notice above.

3. The Council Member must ensure that the location will be publicly accessible while the meeting is in progress.

4. The Council Member must state at the beginning of the Council meeting that the 72-hour posting requirement was met at the location and that the location is publicly accessible. The Council Member also must describe the location. Furthermore, the City Agenda Item #9.12.

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27 Clerk will provide Council with a quarterly report detailing the telephone charges associated with teleconferenced meetings.

2.24 Public Hearings
Public Hearings shall be scheduled and notice published without any action required by the City Council, excepting that the Council may, if it so desires, scheduled a Public Hearing on an item of interest for a date certain. In order to accommodate members of the public responding to a noticed Public Hearing, such Hearings will, to the extent practicable, begin at 6:00 p.m. At the time designated for the Public Hearing, or soon after as is practicable, the Mayor shall direct the attention of the Council Members to the Staff report and Staff may respond to questions from Council members, after which the Mayor shall formally open the Public Hearing and members of the public shall be allowed to speak in accordance with the rules set forth elsewhere in these Rules of Procedure.

When the allotted time expires, or when no one wishes to speak who has not done so, the Mayor shall declare the hearing closed.

Following the close of the Public Hearing, the Council may discuss or take action on the matter in accordance with these rules. The Mayor may in his or her discretion allow questions and/or comments from the public after close of Public Hearing.

2.25 Appointments to Committees and Boards
The City Clerk posts a Notice of Vacancy in the City designated posting locations, the City’s website and sends a Media Release to the St. Helena Star advertising vacancies to Commissions, Committees and Boards.

Applicants must submit a completed application to the City Clerk and shall be interviewed by the Council at a special meeting prior to a regular meeting.

Applicants are requested to list references on their applications and individual Council Members may contact those references as part of the interview process.

Council Members contacting references should disclose this information during the appointment process.

Council reviews applicants for appointments to Commissions, Committees and Boards based on interviews and qualifications. At a council meeting following completion of the interviews, the Council shall discuss the applicants and open positions, including the Council members’ preferences for applicants. Following these deliberations, the Mayor shall nominate applicants and appointments are subject to approval by the majority of Council.Council reviews applicants for appointments to Commissions, Committees and Boards based on interviews and qualifications. Council shall rank all applicants from highest to lowest and appoint by ballot process. Mayor shall nominate applicants and appointments are subject to approval by the majority of Council.

Agenda Item #9.12.

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28 Depending on the qualifications of the applicants and the needs of the City, there may be times when the City Council does not appoint an applicant who has applied. If an applicant is not appointed, the City Clerk will automatically readvertise for the vacant position(s) to seek additional applicants.

2.26 Protocol for Committees, Commissions and Boards (CCB) St. Helena Committees, Commissions and Boards (CCB) function under the direction of the City Council on behalf of the City and its residents. The Council establishes committees by ordinance or resolution defining the role, purpose and membership. While each one functions specific to its purpose, all must follow the same overriding principles which are herein defined.

ROLE AND PURPOSE
The City Council determines a committee’s role and purpose at the time it is created, which should be defined clearly enough to easily communicate the purpose of the committee to the general public.

Recommended changes in the role or purpose of a committee must be brought to the City Council to clarify how the proposed changes will provide improved or additional benefit.

Agenda Item #9.12.

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29 Residency. Committee members must reside within the St. Helena City limits.

The Council may approve an exception to this rule on a case-by-case basis. All five Planning Commissioners must live within the St. Helena City limits.

Member Terms. Committee members will serve two years from the date of appointment, except Planning Commissioners who will serve four years. Nonstanding committee membership will be based upon the timing of the specific project. In establishing a new committee, or when reducing existing terms from three years to two when those terms come up for reappointment, the Council may initially impose staggered terms consisting of one and two year terms.

Removal of a member may occur for reasons such as, but not limited to, excessive absences, Brown Act violations, and conduct violations.

Recommendations to the City Council for removal may be made by a committee member, member of the public, staff member, or City Councilmember.

Notwithstanding the foregoing, the City Council may in its discretion at any time vote to remove a member of any committee for any reason or none, with or without cause.

Bylaws. Committees may adopt bylaws governing their work that are consistent with this protocol and other City laws. Proposed bylaws must be reviewed by staff and approved by the City Council.

MEETING ADMINISTRATION
• Committees should meet at a regular interval (day and time) and location to facilitate public attendance and to provide an accessible forum for the public to attend.

Agenda Item #9.12.

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30 • Committees and committee members shall conduct themselves in accordance with the requirements of State law and the Municipal Code.
• Meetings must be noticed to the public at least 72 hours prior to regular meetings, and 24 hours prior to special meetings, as required by the Brown Act.
• All meeting notices must be posted outside St. Helena City Hall and on the City website.
• Agendas must adhere to the form provided by the City to ensure consistency and clarity.
• Meeting minutes will be recorded using the City template and submitted for approval at the next committee meeting. Once approved, the minutes are submitted to the City Clerk for official record.

If a committee meets but does not have a quorum, either through lack of a quorum at the start of the meeting or due to members leaving the meeting, the committee may not conduct its regular business. In these instances, the committee may only act to adjourn to the next meeting date, recess, or take measures to obtain a quorum.

A majority vote is required to approve any action by the committee, unless otherwise required by law.

Alternate Members. Alternate members may vote only upon one of the following conditions:

1. Absence of one or more of the regular members of the committee; or

2. Disqualification of a regular member of the committee due to an expressed conflict of interest.

If more than one alternate member is present and only one vote is available, the alternate members will toss a coin to determine who may vote.

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31 to assist the committee in understanding City functions and requirements, such as state regulations, Municipal Code requirements, and conflict of interest and Brown Act requirements. The staff liaison ensures the continued flow of information regarding the City’s efforts and progress on work that pertains to the committee’s topic area. The staff liaison will collect and file committee records and minutes.

CITY COUNCIL REPORTS
The chairperson or committee designee will appear at a City Council meeting at least once per quarter to report on the committee’s activities and projects and to provide updates to the Council and community. The City Council will provide input and direction at that time. Committee chairpersons or designated committee members are encouraged to appear before the Council whenever they feel it is necessary to obtain Council direction or share information.

City of St. Helena
Meeting Ground Rules

1. Start on time

2. Everyone come prepared

3. If you called the meeting, run it well

4. If you are at the meeting, participate

5. Stay on topic

6. One person speaks at a time

7. Be open and honest

8. Actively listen – no side conversations, texting
or cellphone use
Agenda Item #9.12.

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32 9. No negative body language or personal attacks

10. End on time
[COMMITTEE NAME]

AGENDA - REGULAR MEETING
[MEETING ADDRESS]
[MEETING DATE AND TIME]
1) CALL TO ORDER
2) PLEADGE OF ALLEGIANCE
Agenda Item #9.12.

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33 3) ROLL CALL: [LIST MEMBERS, COUNCIL LIAISON, AND STAFF LIAISON] 4) PUBLIC FORUM: An opportunity for the public to directly address the [Committee] on items of interest to the public that are not listed on the agenda. Any person addressing the [Committee] should provide his or her name and address, and limit comments to five minutes. Because of restrictions imposed by the Brown Act, the [Committee] may not engage in substantive discussion, nor take action on matters not described on the agenda. 5) REPORTS AND ANNOUNCEMENTS BY MEMBERS AND STAFF: Reports by staff and/or [Committee] members on items of general interest. Brief questions for clarification may be posed and answered, and [Committee] 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 [Committee].
6) CONSENT ITEMS

6.1 APPROVAL OF MINUTES: [Date of minutes]
7) NEW BUSINESS:

7.1 [List each item of business to be transacted or discussed at the meeting, with a brief description generally not exceeding 20 words and an approximate time allocated for the item.]
8) DISCUSSION OF ITEMS TO BE PLACED ON THE NEXT MEETING AGENDA 9) ADJOURNMENT
The next regularly scheduled [Committee] meeting will be held on [Date]. This agenda was posted at 1088 College Avenue, St. Helena, CA 94574, and or/at [location where meeting will be held] on [Date].
_________________________
Name, Staff Liaison
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in the meeting, please contact City Hall at (707) 967-2792. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR35.102-35.104 ADA Title II). However, City staff will attempt to assist at any time with accessibility. The City Clerk has equipment to assist those with a hearing impairment.

2.26 Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century
All procedural matters not otherwise provided for in or controlled by state law or by any ordinance, resolution, rule or regulation of the City shall be governed by Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century (attached as Exhibit). However, no ordinance, resolution, or other action of the Council shall be invalidated or the legality thereof otherwise affected by the Agenda Item #9.12.

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34 failure or omission of the Council to observe or follow such rules. Certain procedures relating to motions, agenda item discussion, debate, and courtesies contained in Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century are incorporated into this document, except to the extent they are modified by this Protocol document.

3. CITY COUNCIL STANDARDS OF CONDUCT

3.1 Policy Purpose
The St. Helena City Council adopts this Code of Ethics and Conduct to assure that all elected and appointed officials, while exercising their office, conduct themselves in a manner that will instill public confidence and trust in the fair operation and integrity of St. Helena’s City government.

3.2 Ethics
The citizens and businesses of St. Helena are entitled to have fair, ethical and accountable local government. To this end, the public should have full confidence that their elected and appointed officials:
▪ Comply with both the letter and spirit of the laws and policies affecting the operations of government;
▪ Are independent, impartial and fair in their judgment and actions; ▪ Use their public office for the public good, not for personal gain; and ▪ Conduct public deliberations and processes openly, unless required by law to be confidential, in an atmosphere of respect and civility.

Therefore, members of the City Council, City Treasurer, and City Clerk and of all Boards, Committees and Commissions shall conduct themselves in accordance with the following ethical standards:
(a) Act in the Public Interest. Recognizing that stewardship of the public interest must be their primary concern, members will work for the common good of the people of St. Helena and not for any private or personal interest, and they will assure fair and equal treatment of all persons, claims and transactions coming before them.
(b) Comply with both the spirit and the letter of the Law and City Policy. Members shall comply with the laws of the nation, the State of California and the City of St. Helena in the performance of their public duties.
(c) Conduct of Members. The professional and personal conduct of members while exercising their office must be above reproach and avoid even the appearance of impropriety. Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives Agenda Item #9.12.

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35 of other members of Council, Boards, Committees and Commissions, the Staff or public.
(d) Respect for Process. Members shall perform their duties in accordance with the processes and rules of order established by the City Council.
(e) Conduct at Public Meetings. Members shall prepare themselves for public issues, listen courteously and attentively to all public discussions before the body, and focus on the business at hand.
(f) Decisions Based on Merit. Members shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations. When making adjudicative decisions (those decisions where the member is called upon to determine and apply facts peculiar to an individual case), members shall maintain an open mind until the conclusion of the hearing on the matter and shall base their decisions on the facts presented at the hearing and the law.
(g) Communication. Members shall publicly disclose substantive information that is relevant to a matter under consideration by the body which they may have received from sources outside of the public decisionmaking process. (h) Conflict of Interest. In order to assure their independence and impartiality on behalf of the common good and compliance with conflict of interest laws, members shall use their best efforts to refrain from creating an appearance of impropriety in their actions and decisions. Members shall not use their official positions to influence government decisions in which they have (a) a material financial interest, (b) an organizational responsibility or personal relationship which may give the appearance of a conflict of interest, or (c) a strong personal bias.

A member who has a potential conflict of interest regarding a particular decision shall disclose the matter to the City Attorney and reasonably cooperate with the City Attorney to analyze the potential conflict. If advised by the City Attorney to seek advice from the Fair Political Practices Commission (FPPC) or other appropriate state agency, a member shall not participate in a decision unless and until he or she has requested and received advice allowing the member to participate. A member shall diligently pursue obtaining such advice. The member shall provide the Mayor and the City Attorney a copy of any written request or advice, and conform his or her participation to the advice given. In providing assistance to members, the City Attorney represents the City and not individual members.

Agenda Item #9.12.

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36 In accordance with the law, members shall disclose investments, interests in real property, sources of income, and gifts; and if they have a conflict of interest regarding a particular decision, shall not, once the conflict is ascertained, participate in the decision and shall not discuss or comment on the matter in any way to any person including other members unless otherwise permitted by law.
(i) Gifts and Favors. Members shall not take any special advantage of services or opportunities for personal gain, by virtue of their public office that is not available to the public in general. They shall refrain from accepting any gifts, favors or promises of future benefits which might compromise their independence of judgment or action or give the appearance of being compromised.
(j) Confidential Information. Members must maintain the confidentiality of all written materials and verbal information provided to members which is confidential or privileged. Members shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial or other private interests.
(k) Use of Public Resources. Members shall not use public resources which are not available to the public in general (e.g., City Staff time, equipment, supplies or facilities) for private gain or for personal purposes not otherwise authorized by law.
(l) Representation of Private Interests. In keeping with their role as stewards of the public interest, members of Council shall not appear on behalf of the private interests of third parties before the Council or any Board, Committee, Commission or proceeding of the City, nor shall members of Boards, Committees and Commissions appear before their own bodies or before the Council on behalf of the private interests of third parties on matters related to the areas of service of their bodies. (m) Advocacy. Members shall represent the official policies or positions of the City Council, Board, Committee or Commission to the best of their ability when designated as delegates for this purpose. When communicating in their individual capacity and presenting their individual opinions and positions on public policy matters within the jurisdiction of the City of St. Helena, members shall explicitly state they do not represent their body or the City of St. Helena, nor will they allow the inference that they do. Councilmembers and Board, Committee and Commission members have the right to endorse candidates for all Council seats or other elected Agenda Item #9.12.

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37 offices. It is inappropriate to mention or display endorsements during Council meetings, or Board, Committee and Commission meetings, or other official City meetings.
(n) Policy Role of Members. Members shall respect and adhere to the council-manager structure of St. Helena City government as outlined in the St. Helena City Code. In this structure, the City Council determines the policies of the City with the advice, information and analysis provided by City Staff, Boards, Committees and Commissions, and the public.

Except as provided by the City Code, members shall not interfere with the administrative functions of the City or the professional duties of City Staff; nor shall they impair the ability of Staff to implement Council policy decisions.
(o) Independence of Boards, Committees and Commissions.

Because of the value of the independent advice of Boards, Committees and Commissions to the public decision-making process, members of Council shall refrain from using their position to unduly influence the deliberations or outcomes of Board, Committee and Commission proceedings.
(p) Positive Work Place Environment. Members shall support the maintenance of a positive and constructive work place environment for City employees and for citizens and businesses dealing with the City.

Members shall recognize their special role in dealings with City employees to in no way create the perception of inappropriate direction to Staff. (q) AB 1234—Required Ethics Training
AB 1234 requires elected or appointed officials who are compensated for their service or reimbursed for their expenses to take two hours of training in ethics principles and laws every two years. Staff members listed on the conflict of interest code must also complete the training. It is the City’s policy to emphasize the importance of ethics in government and although not required, it is highly encouraged that all advisory body members, including Committees and Commissions, adhere to the same requirements.

The training must occur within two months of assuming office and be renewed within two months of the expiration of the current certificate. The training must cover general ethics principles relating to public service and ethics laws including:
• Laws relating to personal financial gain by public officials (including bribery and conflict of interest laws);
Agenda Item #9.12.

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38 • Laws relating to office-holder perks, including gifts and travel restrictions, personal and political use of public resources, and prohibitions against gifts of public funds;
• Governmental transparency laws, including financial disclosure requirements and open government laws (the Brown Act and Public Records Act);
• Laws relating to fair processes, including fair contracting requirements, common law bias requirements, and due process.
(p)

3.3 Code of Ethics and Conduct
The Code of Ethics and Conduct are designed to describe the manner in which elected and appointed officials should treat one another, City Staff, constituents, and others they come into contact with while representing the City of St. Helena. (a) Elected and Appointed Officials’ Conduct with Each Other in Public Meetings
Elected and appointed officials are individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to preserve and protect the present and the future of the community. In all cases, this common goal should be acknowledged even though individuals may not agree on every issue.

1. Honor the role of the chair in maintaining order
It is the responsibility of the chair to keep the comments of members on track during public meetings. Members should honor efforts by the chair to focus discussion on current agenda items. If there is disagreement about the agenda or the chair’s actions, those objections should be voiced politely and with reason, following procedures outlined in parliamentary procedure.

2. Practice civility and decorum in discussions and debate Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of debate by a free democracy in action. Free debate does not require nor justify, however, public officials to make belligerent, personal, impertinent, slanderous, threatening, abusive, or disparaging comments.

3. Avoid personal comments that could offend other members If a member is personally offended by the remarks of another member, the offended member should make notes of the actual words used and call for a "point of personal privilege" that Agenda Item #9.12.

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39 challenges the other member to justify or apologize for the language used. The chair will maintain control of this discussion.

4. Demonstrate effective problem-solving approaches
Members have a public stage and have the responsibility to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole.
(b) Elected and Appointed Officials’ Conduct with the Public in Public Meetings
Making the public feel welcome is an important part of the democratic process. No signs of partiality, prejudice or disrespect should be evident on the part of individual members toward an individual participating in a public forum. Every effort should be made to be fair and impartial in listening to public testimony.

1. Be welcoming to speakers and treat them with care and gentleness.
a. While questions of clarification may be asked, the
official’s primary role during public testimony is to listen.

2. Be fair and equitable in allocating public hearing time to individual speakers.
a. The chair will determine and announce limits on speakers at the start of the public hearing process.

3. Practice active listening
a. It is disconcerting to speakers to have members not look at them when they are speaking. It is fine to look down at documents or to make notes, but reading for a long
period of time or gazing around the room gives the
appearance of disinterest. Members shall try to be
conscious of facial expressions, and avoid those that
could be interpreted as "smirking," disbelief, anger or boredom.

4. Maintain an open mind
a. Members of the public deserve an opportunity to
influence the thinking of elected and appointed officials.

5. Ask for clarification, but avoid debate and argument with the public
Agenda Item #9.12.

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40 a. Only the chair – not individual members – can interrupt a speaker during a presentation. However, a member can
ask the chair for a point of order if the speaker is off the topic or exhibiting behavior or language the member finds disturbing.
(c) Elected and Appointed Officials’ Conduct with City Staff Governance of a City relies on the cooperative efforts of elected officials, who set policy, appointed officials who advise the elected, and City Staff who implement and administer the Council’s policies. Therefore, every effort should be made to be cooperative and show mutual respect for the contributions made by each individual for the good of the community.

1. Treat all Staff as professionals
a. Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected.

Poor behavior towards Staff is not acceptable.

2. Do not disrupt City Staff from their jobs
a. Elected and appointed officials should not disrupt City Staff while they are in meetings, on the phone, or
engrossed in performing their job functions in order to have their individual needs met. Do not attend City Staff meetings unless requested by Staff – even if the elected or appointed official does not say anything, his or her presence implies support, shows partiality, may
intimidate Staff, and hampers Staff’s ability to do their job objectively.

3. Never publicly criticize an individual employee
a. Elected and appointed officials should never express concerns about the performance of a City employee in
public, to the employee directly, or to the employee’s
manager. Comments about Staff performance should
only be made to the City Manager through private
correspondence or conversation. Appointed officials
should make their comments regarding Staff to the City
Manager or the Mayor.

4. Do not get involved in administrative functions
a. Elected and appointed officials acting in their individual capacity must not attempt to influence City Staff on the making of appointments, awarding of contracts, selecting of consultants, processing of development applications, or granting of City licenses and permits.

Agenda Item #9.12.

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41 5. Do not solicit political support from Staff
a. Elected and appointed officials should not solicit any type of political support (financial contributions, display of posters or lawn signs, name on support list, etc.) from City Staff. City Staff may, as private citizens with
constitutional rights, support political candidates but all such activities must be done away from the workplace.

6. No Attorney-Client Relationship
a. Members shall not seek to establish an attorney-client relationship with the City Attorney, including his or her Staff and attorneys contracted to work on behalf of the City. The City Attorney represents the City and not
individual members. Members who consult with the City
Attorney cannot enjoy or establish an attorney-client
relationship with the attorney.
(d) Council Conduct with Boards, Committees and Commissions The City has established several Boards, Committees and Commissions as a means of gathering more community input. Citizens who serve on Boards, Committees and Commissions become more involved in government and serve as advisors to the City Council. They are a valuable resource to the City’s leadership and should be treated with appreciation and respect.

1. Respect Role of Liaison to City’s Boards,
Committees and Commissions
Several of the City’s Boards, Committees and Commissions have a Council Member who serves as its Council liaison. The City Council will collectively review and approve liaison appointments annually. Council Members serving as liaisons should act as an advisor and resource to
committee/board/commission members and the
committee/board/commission’s Staff liaison when issues
regarding process, procedure, attendance, interpersonal or public relations arise.

2. Respect that Boards, Committees and Commissions serve the community, not individual Councilmembers
The City Council appoints individuals to serve on Boards, Committees and Commissions, and it is the responsibility of Boards, Committees and Commissions to follow policy
established by the Council. But Board, Committee and
Commission members do not report to individual
Councilmembers (whether or not they are serving as liaisons), nor should Councilmembers feel they have the power or right to Agenda Item #9.12.

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42 threaten Board, Committee and Commission members with removal if they disagree about an issue. Appointment and reappointment to a Board, Committee or Commission should be based on such criteria as expertise, ability to work with Staff and the public, and commitment to fulfilling official duties. A Board, Committee or Commission appointment should not be used as a political "reward."

3. Be respectful of diverse opinions
A primary role of Boards, Committees and Commissions is to represent many points of view in the community and to provide the Council with advice based on a full spectrum of concerns and perspectives. Councilmembers may have a closer working
relationship with some individuals serving on Boards, Committees and Commissions, but must be fair and respectful of all citizens serving on Boards, Committees and Commissions.

4. Keep political support away from public forums
Board, Committee and Commission members may offer political support to a Councilmember, but not in a public forum while conducting official duties. Conversely, Councilmembers may support Board, Committee and Commission members who are running for office, but not in an official forum in their capacity as a Councilmember.
(e) Elected and Appointed Officials’ Conduct With Each Other and the Public in Private Encounters

1. Continue Respectful Behavior in Private
The same level of respect and consideration of differing points of view that is deemed appropriate for public discussions, and set forth above in subsections (a) through (d), should be maintained in private conversations, including telephone calls, texts, e-mails or other forms of communication. Council Members and appointed officials shall refrain from abusive conduct, intimidation, bullying tactics, personal charges, or verbal attacks upon the character or motives of other members or the public.

2. Be Aware of the Insecurity (Non-Confidentiality) of Written Notes, Texts, Voicemail and E-mail
Technology allows words written or said without much forethought to be distributed wide and far. Would you feel comfortable to have this note faxed to others? How would you feel if this voicemail message was played on a speakerphone in a full office? What would happen if this E-mail or text message were forwarded to others? Written notes, voicemail messages, texts and E-mail should be treated as potentially "public" communication.

3. Understand that Even Private Conversations can have Public Presence Agenda Item #9.12.

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43 Elected and appointed officials are always on display — their actions, demeanor, fitness, mannerisms, language and timing and form of communication are monitored by people around them that they may not know. Lunch table conversations will be eavesdropped upon, parking lot debates will be watched, late-night e-mails will be questioned and casual comments between individuals before and after public meetings noticed.

3.4 Enforcement and Sanctions
(a) Acknowledgement of Code of Ethics and Conduct
Upon assuming office each Councilmember, and each Board, Committee and Commission Member (“Member”), shall sign a statement affirming that he or she has been provided with and has read the Code of Ethics and Conduct. Each Councilmember, Board, Committee and Commission Member, shall adhere to the Code of Ethics and Conduct as well as the Council’s Rules of Procedure. Councilmembers who do not sign an acknowledgement that they have read and understand the Code of Ethics and Conduct shall be ineligible for intergovernmental assignments or Council subcommittees. Board, Committee and Commission members who do not sign an acknowledgement that they have read and understand the Code of Ethics and Conduct are not eligible to hold office. (b) Ethics Training for Local Officials
Councilmembers, City Treasurer, City Clerk, Board, Committee and Commission Members shall report annually to the City Clerk with respect to his or her compliance with State or City mandated requirements for ethics training. Councilmembers, City Treasurer, City Clerk, Board, Committee, and Commission Members and those listed on the conflict of interest code who are out of compliance with State or City mandated requirements for ethics training shall not represent the City on intergovernmental assignments or Council subcommittees and may be subject to sanctions.
(c) Behavior and Conduct
The St. Helena Code of Ethics and Conduct expresses standards of ethical conduct expected for members of the St. Helena City Council, Boards, Committees and Commissions. Each Member him or herself has the primary responsibility to assure that he or she understands and satisfies the ethical standards, so that the public can continue to have full confidence in the integrity of government. The chairs of Boards, Committees and Commissions and the Mayor and Council have the additional responsibility to intervene when actions of Members that appear to be in violation of the Code of Ethics and Conduct are brought to their attention. Without violating Brown Act serial meeting requirements, Agenda Item #9.12.

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44 individual Members should point out to the offending Member perceived infractions of the Code of Ethics and Conduct. If the offenses continue, then the process under 3.4(e) 1-10 shall govern.
(d) Council Authority
Under California law, the Council does not have the legal authority to remove Members elected or appointed to the City Council or to otherwise deprive them of their office. However, as provided in Section 3.4(e) 9., a majority of the Councilmembers may remove a Councilmember from any or all Council honorary and/or ceremonial positions and ad-hoc and standing committees, as well as from positions with other governmental agencies or other organizations they hold by virtue of appointment by the City Council.
(e) Process to Address Alleged Violation of Code of Ethics and Conduct

1. Complaint. Where any person has substantial evidence that a Member has materially violated the Code of Ethics and Conduct, he or she may file a written statement with the City Clerk who will then provide it to the City Council, and the affected Member. The name of the complainant shall initially be redacted and kept confidential and not disclosed until it has been determined as provided in Section 3.4(e) 2 that there is substantial evidence that the Member has materially violated the Code of Ethics and Conduct.
“Substantial evidence” means evidence that reasonably supports a conclusion. It does not mean simply any evidence, nor does it include mere opinions. It must be reasonable in nature, credible, and of solid value.

2. Hearing Officer. Upon receipt of a Complaint as provided in Section 3.4(e) 1., or upon the direction of the City Council, the Mayor, in consultation with the City Manager, shall make a preliminary determination whether there is substantial evidence to support a conclusion that a Member has materially violated the Code of Ethics and Conduct, thereby warranting the further proceedings below. If the Mayor either submitted the Complaint or is the subject of the Complaint, the Vice Mayor (and who is not the subject of the complaint) shall make the preliminary determination as provided above.

If the Mayor (or, where the Mayor is disqualified as set forth above, the Vice Mayor) makes the initial determination that there is substantial evidence to support a conclusion that a Member has materially violated the Code of Ethics and Conduct, thereby warranting the further proceedings, he or she, in consultation with the City Manager, shall appoint an independent Hearing Officer to review and investigate the Complaint. If the Mayor either submitted the Complaint or is the subject of the Complaint, the Vice Mayor (and who is not the subject of the complaint) shall appoint the Hearing Officer as provided above.

Agenda Item #9.12.

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45 In the event both the Mayor and Vice Mayor are disqualified as set forth above or otherwise unable to carry out the duties under this Section, the Council member with the longest tenure shall do so. If two or more Council members have equal tenure, the Council member (who is not the subject of the Complaint) shall be selected by a process of drawing straws supervised by the City Clerk.

3. Investigation. To the extent reasonably practicable, the Hearing Officer shall investigate and report, within not more than thirty (30) days, as to whether there is substantial evidence in support of an allegation that a Member has materially violated the Code of Ethics and Conduct. If the Hearing Officer concludes that there is not substantial evidence to support an alleged violation, or that the violation was not material, he or she shall so report to the Council and the matter shall be deemed dismissed unless the Council directs that a public hearing be held pursuant to Section 3.4(e) 5. If the Hearing Officer concludes that there is substantial evidence to support an alleged material violation of the Code of Ethics and Conduct, he or she shall issue a report (“Report”) to the City Council and the Member. The Hearing Officer shall allow the affected Member a reasonable opportunity to provide any written comments, evidence and/or arguments which the Hearing Officer shall consider in the investigation and Report.

4. Enforcement. The City Council, in its sole discretion, shall enforce the Code of Ethics and Conduct against Members depending upon the extent and severity of the violation by means of either (i) a warning (ii) a written reprimand; (iii) censure; (iv) removal from assignments; or (v) other action as deemed appropriate to the City Council, including without limitation disavowal and/or disapproval of the Member’s violation and/or other action and/or statement. The following procedure shall be utilized:

5. Receipt of Report. As reasonably practicable, within 30 days after receipt of the Report, the Council will hold a public hearing after which it will determine, among any other determination the Council may deem appropriate, whether the Complaint should be dismissed, a warning should be issued, a written reprimand should be issued, censure issued, or the Member should be removed from his or her office (only for Members other than Council members) or assignments. The City shall provide written notice of the public hearing and opportunity to be heard to the affected Member. The City Council determination shall be set forth in written findings that the Council may direct staff to prepare for subsequent Council approval.

6. Dismissal. Where the Council, based on the Report and any statement from the affected Member, determines that it is clear that no violation occurred or that only a trivial or de minimus violation occurred, or that the Complaint was motivated by revenge or other improper motive, the Council may dismiss the Complaint.

7. Warning. Where the Council, based on the Report and any statement from the affected Member, determines that there is some evidence that only a minor Agenda Item #9.12.

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46 violation or a questionable practice has occurred, the Council may issue a written warning to the affected Member specifying the violation(s) and requesting corrective action.

8. Reprimand. Where the Council, based on the Report, any statement from the affected Member, and other evidence accepted, determines that there is substantial evidence that the Member has materially violated one or more provisions of the Code of Ethics and Conduct, the Council may adopt a resolution reprimanding the affected Member for their conduct, stating that any violations shall cease, and requesting corrective action. The affected Member may file a rebuttal to the Reprimand with the City Clerk which will become a matter of public record.

9. Censure. Where the Council, based on the Report, any statement from the affected Member, and other evidence accepted at a public hearing of the matter, determines that there is substantial evidence that the Member has materially violated one or more provisions of the Code of Ethics and Conduct, and that such violation(s) impugn the integrity or dignity of the City or that such violations are egregious or chronic in nature, then the Council may adopt a resolution censuring the affected Member by condemning his or her actions, removing the Member from all appointive positions representing the City in front of other governments and agencies, demoting the affected Commissioner, Committee or Board member appointed by the City Council who holds a position of chairperson or vice chairperson, stating that the violations shall cease, and demanding corrective actions. The affected Member may file a rebuttal to the Censure with the City Clerk which will become a matter of public record.

10.Removal from Office. Notwithstanding any of the provisions in this Section 3.4, the City Council may remove any Commissioner, Committee or Board member appointed by the City Council at its pleasure, and nothing in the Code of Ethics and Conduct or these rules effects or diminishes such power nor vests such Commissioners or Board members with any additional rights.

3.5 Implementation
The Code of Ethics and Conduct is intended to be self-enforcing and is an expression of the standards of conduct for members expected by the City. It therefore becomes most effective when members are thoroughly familiar with it and embrace its provisions.

For this reason, this document shall be included in the regular orientations for candidates for City Council, City Treasurer, City Clerk, applicants to Board, Committee and Commissions, and newly elected and appointed officials.

Members entering office shall sign the following a statement (example below) acknowledging they have read and understand the Code of Ethics and Conduct.

In addition, the Code of Ethics and Conduct shall be periodically reviewed by the Agenda Item #9.12.

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47 City Council, Boards, Committees and Commissions, and updated it as necessary.

Example:

I affirm that I have read and understand the City of St. Helena Code of Ethics and Conduct for Elected and Appointed Officials.
__________________________________ _______________________ Signature Date
Agenda Item #9.12.

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Exhibit A

CITY COUNCIL, BOARDS,

COMMITTEES & COMMISSIONS

RULES OF PROCEDURE FOR THE

CONDUCT OF MEETINGS
&

STANDARDS OF CONDUCT
Agenda Item #9.12.

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2 TABLE OF CONTENTS

1. PURPOSE .....................................................................................................4

1.1 Council-Manager Form of Government ..............................................4

1.2 City Council Vision and City Council Mission......................................4

2. RULES OF PROCEDURE FOR THE CONDUCT OF
COUNCIL MEETINGS ……….......................................................................5

2.1 Regular Meeting..................................................................................5

2.2 Special, Emergency, and Adjourned Meetings ...................................6

2.3 Regular Meeting Agenda ....................................................................6

2.4 Public Testimony and Comments Before the Council.........................7

2.5 Roll Call and Voice Votes ...................................................................9

2.6 Consent Items …………………………................................................9

2.7 Reports………………………………….................................................9

2.8 Closing Time of Council Meetings ......................................................9

2.9 Old Business…………………… ........................................................10

2.10 New Business…………………… ......................................................10

2.11 Office of the Mayor……………………...............................................10

2.12 Office of Mayor Pro Tempore (Vice Mayor) …………………… ........11

2.13 Action by the Council…………………… ...........................................10

2.14 Adoption by Majority Vote…………………… ....................................11

2.15 Discussion……………………............................................................11

2.16 Ratification of Actions……………………...........................................12

2.17 Procedural Motions…………………… ..............................................12

2.18 Withdrawal of Motion……………………............................................13

2.19 Duty to Vote…………………… .........................................................13

2.20 Introduction and Passage of Ordinance……………………...............13

2.21 Closed Sessions…………………… ..................................................13

2.22 Quorum…………………… ................................................................14

2.23 Teleconference Attendance Of Council Members At Council Meetings……………………...............................................................15

2.24 Public Hearings…………………… ....................................................24

2.25 Appointments to Committees and Boards……………………............24

2.26 Protocol for Committees, Commissions and Boards(CCB)…………25

2.27 Rosenberg’s Rules of Order: Simple Parliamentary Procedures Agenda Item #9.12.

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3 for the 21st Century……………………..............................................31

3. CITY COUNCIL STANDARDS OF CONDUCT ..........................................31

3.1 Policy Purpose…………....................................................................31

3.2 Ethics…………..................................................................................31

3.3 Code of Ethics and Conduct………. .................................................35

3.4 Enforcement and Sanctions..............................................................40

3.5 Implementation………….. .................................................................41

APPENDIX
Exhibit–Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century
Agenda Item #9.12.

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4 1. PURPOSE
The purpose for establishing City Council Protocols is to provide an effective environment for the City Council to provide leadership. The protocols may be amended by resolution adopted by a majority vote of the Council Members and should be reviewed on a regular basis to ensure that the document remains helpful to the Council by providing a framework for effective leadership.

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5 recreational opportunities and cherishes its historic, small-town character, beautiful natural environment and high quality of life.

2. RULES OF PROCEDURE FOR THE CONDUCT OF COUNCIL MEETINGS

Regular Meetings shall be held at the Vintage Hall Board Room, 465 Main Street, St. Helena, and shall begin at 6:00 p.m. If it is necessary to hold a closed session prior to the start of a Regular Meetingthe closed session may begin earlier than the normal starting time to allow the Regular Meeting to begin at 6:00 p.m. Closed session may also occur after a regular meeting was adjourned or outside of a regular meeting day. The closed session shall begin in an open meeting and the Council shall adjourn to closed session.

Agenda Item #9.12.

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6 2.2 Special, Emergency, and Adjourned Meetings
(a) Special Meetings. The Mayor or the Vice Mayor in the Mayor’s absence or a majority of the members of the Council or the City Manager may at any time call a Special Meeting. At least twenty-four hours before a Special Meeting, written notice of the meeting stating its time and place and the subjects to be considered shall be (a) delivered to the Mayor and each Councilmember personally or by any other means; (b) posted on the Council’s principal bulletin board, City website and place of meeting; and (c) emailed to the agenda subscribers. Only those items of business specified in the notice may be considered at a Special Meeting called in this manner.
(b) Emergency Meeting. The Council may hold an Emergency Meeting in emergency situations as set forth in the City’s Municipal Code and State Law.
(c) Adjourned Meeting. A properly called Regular, Special, or Emergency Meeting may be adjourned to a time and place specified. A copy of the notice of adjournment shall be posted as specified on the door of the place where the meeting was held within twenty-four hours after the time of the adjournment. Further notice need not be given of an adjourned session of a properly called Regular, Special, or Emergency Meeting.

2.3 Regular Meeting Agenda
(a) Setting and Posting of Agenda. The agenda of business to come before the Council at a Regular Meeting shall normally be closed at the end of eighteen business days preceding the meeting. Under State Law the agenda for a Regular Meeting must be posted at least seventy-two (72) hours prior to the scheduled convening of the Regular Meeting, and no items may be added to the agenda fewer than seventy-two (72) hours prior to the meeting except as may be allowed by State Law. The City Council endeavors to publish the meeting agenda as early as possible prior to the meeting, but no later than 72 hours in advance.(b) Placing Items on the Council Agenda. Each City Council agenda shall specifically provide for a discussion of Future Agenda Items. Any Council Member may request that an item be considered on a future agenda during that portion of the City Council meeting and, upon agreement by a second Council Member concurring that Staff time and City resources should be expended on the item, the item shall be placed on the soonest practical regularly scheduled Council meeting as determined by the City Manager. A member of the public may request that an item be placed on a future agenda during Public Forum or through other communication with a Council Member. Staff reports may not be prepared on Council Member requested items until Council discussion has occurred and direction provided by the Council unless Staff otherwise determines. If Council action is contemplated, proposed action shall be included in the Staff Agenda Item #9.12.

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7 report. The City Manager may also add any item of business to a future agenda in his or her sole discretion.
(c) Agenda Packet Distribution. Each Councilmember shall be furnished an e-agenda by no later than 5:00 p.m., on the Friday prior to the regular meeting. However, staff will strive to publish the agenda as early as possible. The requirement is to publish 72 hours in advance meeting Brown Act guidelines.The agenda and agenda materials shall be available for public inspection and distribution or copying at that the time of publication. Any agenda materials not included in the agenda package by 5:00 p.m., that Friday shall be separately identified, and the Council may by majority vote continue such agenda item until the following meeting to allow for proper study of the materials.
(d) Order of Agenda. The business of the Council shall be taken up for consideration in substantially the following order except as may be otherwise ordered:

1. Call to Order

2. Pledge of Allegiance

3. Roll Call

4. Adoption of the Agenda

5. Public Forum

6. Reports by Staff and City Council, Future Agenda Items and AB 1234 Reports

7. Presentations and Public Recognitions

8. Staff Briefing

9. Consent Items and Items Removed from Consent

10. Public Hearings

11. Old Business

12. New Business

13. City Council Reports

14. Adjournment
(e) A copy of the agenda and the package of agenda materials shall be made available for public inspection at City Hall.at or near the time they are circulated to the City Council.

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8 minutes except as provided in section (b) regarding land use Public Hearings. In the further interest of time, speakers may be asked to limit their comments to new materials and not repeat what a prior speaker said.

Written communications addressed to the City Council are to be referred to the City Clerk for:

Agenda Item #9.12.

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9 Forwarding to the Council and posting to the appropriate agenda packet item. Written communication must be received at least three hours prior to the meeting to be included in the agenda packet.

Any other motion may be passed by voice vote provided, however, that any Councilmember may request a roll call vote on any items to be voted on.

2.7 Reports
Under the agenda heading “Reports” the City Manager, other City Staff, and Councilmembers may make reports on matters not on the agenda. Also at this time, Councilmembers or Staff may identify issues or agenda items that need to be addressed by the City Attorney during the meeting, and may propose future agenda items.

Agenda Item #9.12.

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10 2.8 Closing Time of Council Meetings
Council meetings shall adjourn by 9:00 p.m. However, the Council may by majority vote extend the meeting up to an additional thirty minutes (9:30 p.m.) if the Council deems such extension necessary. A unanimous Council vote shall be required to extend the meeting past 9:30 p.m. and adjourn by 10:00 p.m.

Otherwise, the meeting shall be adjourned to another day acceptable to the Council, or unfinished business may be continued to the next regular meeting.

2.9 Old Business
“Old Business” will include uncompleted items carried over from a prior meeting agenda and placed under this agenda heading for consideration.

The Mayor shall have the following powers:
a) To rule motions in or out of order, including any motion patently offered for obstructive or dilatory purposes;
b) To enforce the Council’s rules regarding public testimony and to determine whether a speaker has gone beyond reasonable standards of courtesy in his or her remarks and to entertain and rule on objections from other members on this ground;
c) To ensure that the public has reasonable opportunity to be heard; d) To entertain and answer questions of parliamentary law or procedure; e) To call a brief recess at any time;
f) To adjourn in an emergency;
Agenda Item #9.12.

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11 g) To appoint a Vice Mayor subject to Council approval who shall serve during the term of the Mayor, and becomes the Mayor Pro Tempore in the Mayor’s absence.

2.14 Adoption by Majority Vote
A motion shall be adopted by a majority of the votes cast, a quorum being present, unless otherwise required by these rules or the laws of California.

Resolutions, orders for the payment of money, and all ordinances require at least three votes for passage.

2.15 Discussion
The City Council shall address an agenda item as follow:
(a) Staff shall introduce the agenda item and present the Staff report. (b) City Council shall ask questions of Staff.
(c) The Mayor will invite public comment on the item.
(d) Having received all public testimony, the Council will deliberate on the matter.

Agenda Item #9.12.

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12 (e) If appropriate, the Mayor will entertain a motion, including any motion proposed by the Mayor.
(f) If a motion has received a second, the Mayor shall state the motion and if any Council Member wishes for the discussion, open for additional Council discussion.
(g) The Mayor shall preside over the discussion according to the following general principles:

1. The maker of the motion is entitled to speak first;

2. A person who has not spoken on the issue shall be recognized before someone who has already spoken;

3. To the extent possible, the discussion shall alternate between opponents and proponents of the measure.

2.16 Ratification of Actions
To the extent permitted by law, the Council may ratify actions taken on its behalf but without its prior approval. A motion to ratify is a substantive motion.

Agenda Item #9.12.

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13 (j) To Amend. An amendment to a motion must be pertinent to the subject matter of the motion. An amendment is improper if the amended motion has the same effect as rejection of the original motion. A motion may be amended, and that amendment may be amended, but no further amendments may be made until the last amendment is disposed of by a vote.
(k) To Reconsider. The motion must be made by a member who voted with the prevailing side, and only at the meeting during which the original vote was taken, including any continuation of that meeting through adjournment to a time and place certain, or at the next Regular Meeting unless intervening actions taken based on the original action make such reconsideration impracticable. The motion cannot interrupt deliberation on a pending matter, but is in order at any time before final adjournment of the meeting. (l) To Rescind or Repeal a Previous Action. A motion to rescind or repeal a previous action is not in order if the rescission or repeal is forbidden by law or made inappropriate by virtue of actions taken in accordance with the previous action.
(m) To call for a Straw Vote. The Mayor, at the Mayor’s discretion, may call for a Straw Vote among members on any item prior to inviting public testimony or Council comment.

The City Clerk shall then read the ordinance in its entirety unless such reading is waived by a separate motion adopted by unanimous vote of the Councilmembers Agenda Item #9.12.

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14 present. An ordinance, other than an urgency, may not be passed within five days of its introduction or alteration. Corrections of typographical or clerical errors are not alterations.

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15 disclosure of such detail is not inconsistent with maintaining required confidentiality and any applicable attorney-client privilege.

2.23 Teleconference Attendance Of Council Members At Council Meetings (a) The City Council Procedures provisions concerning Teleconference Attendance shall apply to all Boards and Commissions as well as the City Council. Requests by Council Members to attend a Council meeting via teleconference appearance are actively discouraged. (b) Effective January 1, 2023, Assembly Bill 2449 amended the Brown Act, California Government Code Sections 54950 et seq., as it pertains to teleconference meeting participation by legislative body members.
• Applicability
(c) When a legislative body member wishes to attend a legislative meeting by teleconference under the provisions of Assembly Bill 2449, codified at California Government Code Section 54953(f) et seq., the following policies and procedures shall apply. Nothing herein is intended to prevent a member’s ability to attend a legislative meeting remotely if such attendance is otherwise authorized by Government Code Section 54953.
• Terms
(d) “Chairperson” shall mean the Mayor or Chair of the legislative body, as applicable. “Vice-Chairperson” shall mean the Vice Mayor, or Vice-Chair of the legislative body, as applicable.
“City” shall mean City of St. Helena
“Description” shall mean a brief general description of a legislative body member’s circumstances that warrant teleconference meeting attendance under the “Just Cause” exception or “Emergency Circumstances” exception, which need not exceed 20 words and need not to disclose any medical diagnosis, disability, or exempt personal medical information. (GC 54953(f)(2)(A)(i)–(ii)) “Disclosure” shall mean an announcement by the Member, made during the legislative meeting where the Member will attend by teleconference, disclosing the presence of other individuals over the Agenda Item #9.12.

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16 age of 18 in the room at the Member’s teleconference location, and the general nature of the individual’s relationship to the Member. (GC 54953(f)(2)(B))
“Legislative body” shall have the same meaning as prescribed by Government Code Section 54952, i.e. a body that is subject to the Ralph M. Brown Act.“ Meeting” and “legislative meeting” shall have the same meaning as prescribed by Government Code Section 54952.2, i.e. a meeting of a legislative body that is required to be noticed under the Ralph M. Brown Act.
“Member” shall mean a member of a legislative body.
“Notification” shall mean a notification from a legislative body member of the Member’s need to attend a meeting by teleconference under the “Just Cause” exception. Notifications shall not require legislative body approval. (GC 54953(f)(2)(A)(i))
“Request” shall mean a request from a legislative body member that their legislative body actively approve their request to attend a meeting by teleconference under the “Emergency Circumstances” exception. (GC 54953(f)(2)(A)(ii))
“Teleconference” attendance at a legislative meeting, for purposes of this policy, shall be presumed to be accomplished by Zoom or the equivalent two-way audio-visual virtual software platform in use by the City at that time. “Teleconference” attendance shall mean attendance solely by virtual platform and shall not include a Member who attends a meeting in person and secondarily views the meeting by virtual platform. Provisions of this policy shall apply only to teleconference attendance under AB 2449 and shall not constrain the Member’s ability to attend by teleconference under other sections of the Brown Act.
• Available Exceptions for Teleconference Attendance
The Member shall be responsible for determining which of the two available exceptions is applicable to the Member’s need to attend by teleconference. The Member’s determination shall not be investigated by staff as to the veracity of any such request or claim.

Such determination shall be subject to review by the legislative body alone. The available exceptions are:

1. “Just Cause” (GC 54953(f)(2)(A)(i))
Agenda Item #9.12.

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17 2. “Emergency Circumstances” (GC 54953(f)(2)(A)(ii)) • Exceptions Defined
Exception #1: “Just Cause” circumstances are defined as any one of the following:
a. Caregiving of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires a member to participate remotely.
b. A contagious illness that prevents the member from
attending in person.
c. A need related to a physical or mental disability.
d. Travel while on business of the legislative body or another state or local agency.

Exception #2: “Emergency Circumstances” are defined as a physical or family medical emergency that prevents a member from attending in person.

1. Notwithstanding any other provision, a Member may utilize the “Just Cause” exception no more than two (2) times per calendar year.

Agenda Item #9.12.

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18 2. Notwithstanding any other provision, a Member may not attend meetings solely by teleconference for a period of more than three consecutive calendar months.
a. In the event a Member attends meetings solely by
teleconference for a period of three consecutive calendar months, or attends meetings by teleconference the maximum number of allowable times per year, the Member must either attend in person; attend by other permissible teleconference provisions; or be counted as absent, for the remaining meetings in that calendar year.
• Procedure for Legislative Body Members
A Member wishing to avail themselves of the “Just Cause” exception shall adhere to the following:

Such communication to the entire legislative body shall be deemed to be not in violation of the Brown Act.

1. If the notification and description are delivered during a meeting prior to the meeting where the Member wishes to attend by teleconference, the Member shall make the required notification and description during the Member Comments order of business.

2. If the notification and description are delivered at the start of the subject meeting, the Member shall be present on the Agenda Item #9.12.

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St. Helena City CouncilJuly 25, 2023

St. Helena City Council
July 25, 2023