Mayor
Chris Canning
Vice Mayor
Irais Lopez-Ortega
Councilmembers
Lisa M. Gift
Gary Kraus
Donald Williams
AGENDA
City Council - Regular Meeting
Tuesday, May 17, 2022 - 6:00 PM
Virtual
* COVID-19 NOTICE *
THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 54953 (AS AMENDED BY AB 361) WHICH AUTHORIZES TELECONFERENCED MEETINGS UNDER THE BROWN ACT DURING CERTAIN PROCLAIMED STATES OF EMERGENCY. THE GOVERNOR OF CALIFORNIA PROCLAIMED A STATE OF EMERGENCY RELATED TO COVID-19 ON MARCH 4, 2020.
THIS TELECONFERENCED MEETING IS NECESSARY SO THAT THE CITY CAN CONDUCT ESSENTIAL BUSINESS AND IS PERMITTED UNDER GOVERNMENT CODE 54953 IN ORDER TO PROTECT PUBLIC HEALTH AND SAFETY OF ATTENDEES.
Consistent with Government Code Section 54953, this City Council Meeting will be held via teleconference only, and will not be physically open to the public. Councilmembers and staff will teleconference into the meeting by audio and/or video. The meeting will be conducted via Zoom Webinar.
Below is information on how the public may observe and participate in the meeting. The City recognizes that not all residents have the same ways to stay engaged, so several alternatives are offered.
Please participate in the meeting by observing or listening to the meeting in one of the following ways:
1. Watch on your TV – Napa Valley TV Channel 28 (call your cable provider to ensure you have a City of Calistoga coded cable box)
2. Listen or participate via your phone – dial 1-669-900-6833, enter webinar ID: 829-0729-5419, password: 123201
3. Watch or participate online via Zoom - click this link and enter password: 123201
4. Watch online via YouTube Live at youtube.com/cityofcalistoga COMMENT ON THIS MATTER DURING THE MEETING: Please participate in the meeting by providing public comment on any item on the agenda or any item of municipal concern. To comment during a virtual meeting (Zoom), click the "Raise Your Hand" button to request to speak when Public Comment is being taken on the Agenda item. You will be unmuted when it is your turn to make your comment for up to 3 minutes. After allotted time, you will be re-muted. Instructions for how to "Raise Your Hand" are available at:
https://support.zoom.us/hc/en-us/articles/205566129-Raise-Hand-In-Webinar.
WRITTEN COMMENTS: Alternatively, you may provide public comment on any item on the agenda or any item of municipal concern via email. Please submit your comment, limited to 350 words or less, via email to [email protected]. Written public comments submitted by email should clearly indicate the Agenda Item No. or specify “Oral Communications” in the Subject Line for items not on the agenda and are requested to include the submitter’s full name. Comments received by 4:00 p.m. on the day of the meeting will be posted online with the agenda packet and included in the record but will not be read aloud. Comments received after 4:00 p.m. will be made part of the written record but will not be read verbally at the meeting. The City of Calistoga thanks you in advance for taking all precautions to prevent spreading the COVID-19 virus. Note: The methods of observing or listening to the meeting or providing public comments may be altered or the meeting may be cancelled, if needed, due to certain technical disruptions.
Page
1. CALL TO ORDER – ROLL CALL - SALUTE TO THE FLAG
2. ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS This time is set aside to receive comments from the public regarding matters on the Consent Calendar or matters of municipal concern not on the agenda.
Pursuant to Government Code section 54954.3 (the Brown Act), however, the Council cannot consider any issues or take action on any requests during this comment period. Speakers are encouraged to limit their comments to 3 minutes maximum so that all speakers have an opportunity to address the City Council.
2.1. Public Comments - Non-Agenda Items_Redacted 5 - 6
2.2. Additional Public Comments - Non-Agenda Items - Redacted 7
3. ADOPTION OF MEETING AGENDA
4. CITY MANAGER’S REPORT
5. PROCLAMATIONS/PRESENTATIONS/ AWARDS
5.1. Proclamation proclaiming May as Historic Preservation Month.
5.2. Recognitions for Years of Service.
5.3. Updating the City Council on the Capital Improvement Program Schedule Tracking for FY21/22.
Recommended Action: No action by the City Council necessary, just receive the presentation.
Staff Report - CIP Update - Pdf
8 - 18
6. CONSENT CALENDAR
6.1. Approve the Minutes of the April 5, 2022 City Council Regular Meeting as submitted.
Recommended Action: Approve Minutes
Staff Report & Minutes
19 - 25
6.2. Consider adopting a Resolution authorizing the City Manager to execute a two-year intergovernmental services agreement for housing services from the Housing Authority of the City of Napa.
Recommended Action: Adopt a resolution authorizing the agreement.
Staff Report - Housing Authority Services Agreement - Pdf 26 - 38
6.3. Consider adopting a Resolution executing a three-year Fire Dispatch Service Contract with Cal Fire from July 1, 2022, through June 30, 2025.
Recommended Action: Consider adopting a Resolution approving a three-year contract with Cal Fire to provide Fire Dispatch Services to the City of Calistoga.
Staff Report - Contract for Fire Dispatch Services with Cal Fire - Pdf 39 - 60
6.4. Adopt Resolution revising the one-year Memorandum of Understanding for the period of January 1, 2022, through December 31, 2022, between the City of Calistoga and the Calistoga Police Officers Association and 61 - 106
authorize the City Manager to execute the Memorandum of Understanding.
Recommended Action: To consider a Resolution revising the one-year memorandum of understanding (MOU) between the City of Calistoga and Calistoga Police Officers Association, authorizing the City Manager to execute the revised MOU, and adoption of a new resolution to revise Article 20, Item E only.
Staff Report -Revision to CPOA MOU - Pdf
7. GENERAL GOVERNMENT
7.1. Discuss and provide direction regarding the formulation of a public art policy.
Recommended Action: Consider a series of public art policy questions to provide direction to staff on the next steps in formulating a public art policy and general initial guidance on possible policy content.
Staff Report - Public Art Policy Study Session - Pdf
Item 7.1 - Public Comment - Redacted
Item 7.1 - Additional Public Comments - Redacted
107 - 128
7.2. California State Assembly Bill (AB) 481 requires the governing body of a city to approve the police department’s “Military Equipment” Policy on the guidelines and procedures relating to the approval, funding, possession, use, and reporting of military equipment defined in Government Code section 7070 even in communities such as Calistoga that have no Military Equipment. Approval of defined military equipment shall be by ordinance by the city council.
Recommended Action: Move to introduce and waive further reading of an Ordinance approving the adoption of CPD’s “Military Equipment” Lexipol Policy 707 and the addition of City of Calistoga Municipal Code section 2.14.070 requiring CPD’s conformance with AB481.
Staff Report - CPD “Military Equipment” Policy 707 and City Ordinance
2.14.070 Amendment - Pdf
129 - 147
8. COUNCIL REQUESTS AND IDEAS FOR DISCUSSION
9. ADJOURNMENT
NOTICE: If you challenge a city’s zoning, planning, or other decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Judicial review of any City administrative decision may be had only if a petition is filed with the court not later than the 90th day following the date upon which the decision becomes final. Judicial review of environmental determinations may be subject to a shorter time period for Litigation, in certain cases 30 days following the date of final decision.
Pursuant to GC §54957.5 any writings/documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection on the City website at www.ci.calistoga.ca.us.
AMERICANS WITH DISABILITIES ACT: The City can provide special assistance for persons with disabilities to participate in public meetings. To make a request for disability-related modification or accommodation please contact the City Clerk at [email protected] or (707) 942-2807. If you need assistance or accommodation, please provide notice at least 48
hours prior to the meeting. For TTY/ Speech-to-Speech users, dial 7-1-1 for the California Relay Service, offering free text-to-speech, speech-to-speech, and Spanish language services 24 hours a day, 7 days a week.
Se les pide por favor que avise con 48 horas de anticipación cuando haga un pedido para asistencia. Esto les da suficiente tiempo antes de la junta para permitir que la ciudad tome medidas razonables.
POSTING: I declare a copy of this agenda was posted at City Hall, 1232 Washington Street, Calistoga, among other locations in the city limits of Calistoga, on May 10, 2022, by 4:30 p.m.
Marni Rittburg
From:
Sent:
To:
Subject:
marshop
Tuesday, May 10, 2022 12:29 PM
Public Comment
concern about fire danger on Mt Washington
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
I'm writing to ask that more funds are dedicated to clearing the fire hazard brush around Mt.
Washington. I live in Chateau Calistoga, directly under th1s mountain. Even one ember could ignite these two mobile home parks (Calistoga S_prings and Chateau Calistoga). We all know mobile homes burn more easily than solid homes. Hundreds of homes could be destroyed in minutes, especially those belonging to the elderly and those on fixed income.
As a long-time citizen of Calistoga, I'm asking you to include as much money as possible in the city budget to clear away the current fire hazard and maintain it, especially during tlie fire season starting in the summer.
-
~
1 Item #2.1.
Marni Rittburg
From:
Sent:
To:
Subject
Linda Williamson
Thursday, May 12, 2022 6:20 PM
Public Comment
Photography on Calistoga
~dditionill_~~ Meetmgof 5 _-z_
[t.emN~ Distributed sli(e
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Calistoga has many good photographers as well as many venues worthy of a photo. Until tliree years ago the Calistoga Camera C1ub had a yearly gathering where photographers could submit 10 images which were projected for a11 to see. Attendance was strong (free food, didn't hurt).
Folks still wonder when the next show will be.
The problem is that we lost our tech guy, the magician who could take diverse photographs and get them all same size, etc so they could be shown.
If your committee could provide or sug~est a tech person, several Calistoga photographers would like to get back to taking pictures and showmg them to the community. The possibilities are many.
Sent from my iPhone
1 Item #2.1.
Marni Rittburg
From:
Sent
To:
Karen Schicora
Tuesday, May 17, 2022 12:22 PM
Public Comment
. ~dditionat Wri~~!.,..,...,, Meeting of----'S_li_=--:::H__,._~'- ltem No~. ~ ·J,-1
Distributed ~ =-- nil -rr22-
Subject: Mt Washington and City of Calistoga Council Meeting - May 18, 2022 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
It has been brought to my attention there has been a lack of maintenance on Mt. Washington. I live in Chateau Calistoga and have been concerned every time we have had a fire, how close this unkempt mountain is to my home site. I was not made aware that it was owned by the City of Calistoga until just recently.
This brings the question to my mind. If the City of Calistoga owns this mountain why have they not be taking care of their property? We all are required to take care of our properties here in Chateau. We just recently had an inspection - if there is something wrong on our site we are required to take care of all the issues.
How is it that the City of Calistoga owns this property and haven't been required to do the same with their property(s)? I see that it is being recommended to put MORE money in the budget for this problem. Why hasn't it been IN the budget every year since you have owned the property, to take care of the dead trees, undergrowth and normal weeds that come every year?
Here we are again approaching fire season and you are just NOW starting to address this issue! Why? Please make sure this mountain's maintenance is done before our fire season begins. If a fire starts there, it won't be PG&E that will be the problem, it will the City of Calistoga' s lack of concern for the citizens of their community.
Thank you for letting us address this issue with the Council. 1 Item #2.2.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - May 17 2022
Subject: CIP Update
DESCRIPTION:
Updating the City Council on the Capital Improvement Program Schedule Tracking for FY21/22.
RECOMMENDATION:
No action by the City Council necessary, just receive the presentation.
BACKGROUND/SUMMARY:
Staff has prepared an update to the CIP schedule (see enclosed) and uploaded onto the City Website.
The intent is to inform the council and public of the status of each project and show the amount of CIP being accomplished.
CEQA STATUS:
The presentation is exempt from CEQA
ATTACHMENT(S):
Updated CIP Schedule Tracking
APPROVAL(S):
Gloria Leon, Administrative Services Director Approved - May 09 2022 Marni Rittburg, City Clerk Approved - May 09 2022
Item #5.3.
1 FY21/22 Capital Improvement
Program Quarterly Update
City Council Meeting
Tuesday, May 17, 2022
Item #5.3.
2 Website Update for CIP
FY 21/22 Schedule & 10-yr Outlook
https://www.ci.calistoga.ca.us/city-hall/departments-services/public-works-department/capital-projects Item #5.3.
3 FY21/22 CIP Schedule Tracking
Item #5.3.
4 Long Range CIP
Streets/Bike/Pedestrian - 10-Year CIP
Item #5.3.
5 Long Range CIP
Buildings & Parks/Rec - 10-Year CIP
Item #5.3.
6 Long Range CIP
Water - 10-Year CIP
Item #5.3.
7 Long Range CIP
Wastewater - 10-Year CIP
Item #5.3.
8 Thank You
City Council
Item #5.3.
9 PMP 2018 & 2021
• 2018 PMP Report Concluded PCI – 64
• Unconstrained Scenario 5yr (86) - $1.5M/yr
• Increase PCI of 5 for 5yr (69)- $560,000/yr
• Maintain for 5 yr (64) - $320,000/yr
• MTC 2019 3yr Moving Average PCI – 58
• Updated 2021 PMP Report Being Finalized
Item #5.3.
10 Unconstrained Scenario
Item #5.3.
CITY OF CALISTOGA
STAFF
REPORT
TO:
FROM:
Honorable Mayor and City Council
Marni Rittburg, City Clerk
DATE: April 5, 2022
SUBJECT: Approving Minutes of the April 5, 2022, Regular City Council Meeting Approved by:
~c~~~
Laura Snideman, City Manager
DESCRIPTION:
Consider approving the Minutes of the April 5, 2022, Regular City Council Meeting.
RECOMMENDATION:
Approve the minutes as submitted.
ATTACHMENTS:
April 5, 2022, Regular City Council Meeting Minutes
Item #6.1.
DRAFT MINUTES
CALISTOGA CITY COUNCIL
REGULAR MEETING
Tuesday, April 5, 2022 - 6:00 P.M.
Virtual Meeting
1. CALL TO ORDER - ROLL CALL - SALUTE TO THE FLAG
Mayor Canning, called the regular session to order at 6:00 p.m.
Present: Councilmembers Lisa Gift, Gary Kraus, and Donald Williams; Vice Mayor lrais Lopez-Ortega, and Mayor Chris Canning
Absent: None
2. REPORT FROM CLOSED SESSION
Mayor Canning reported that on March 21, 2022, a Closed Session was held regarding the Napa County Fairgrounds and there was no reportable action taken in Closed Session.
3. ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS Oral communication was received. For oral communication and public comment content, for any item on the agenda, view the video of the meeting available on the City's You Tube channel at https://www.youtube.com/user/CityofCalistoga or visit the City's Website at:
https://calistoga.civicweb.net/Portal/Meetinqlnformation.aspx?Orq=Cal&ld=219
4. ADOPTION OF MEETING AGENDA
Motion by Councilmember Kraus and seconded by Councilmember Williams and passed by the following roll call vote to adopt the meeting agenda as presented.
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Kraus, Williams and Gift, Vice Mayor Lopez- Ortega and Mayor Canning
None
None
None
5. CITY MANAGER'S REPORT
City Manager Laura Snideman provided updates on COVID-19 and public projects including expanding Senior programming with a program called Encore: Lifelong Learning, on the first and second Wednesday of every month from 11 AM to 12:15 PM alternating between cultural activities and wellness activities. Please sign-up through Rianda House. Ms. Snideman reminded the community that an Income Survey will be delivered to resident's home early next week which will be used to determine the median household income that will be used to apply for federal or state funding programs.
Item #6.1.
Calistoga City Council Minutes
April 5, 2022
6. CONSENTCALENDAR
Items 6.3, 6.4 and 6.5 were pulled for separate discussion/action. Public comment was not received. Motion by Councilmember Kraus, second by Vice Mayor LopezOrtega and passed by the following roll call vote, Council approved all remaining Consent Calendar items:
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Kraus, Williams and Gift, Vice Mayor LopezOrtega, and Mayor Canning None
None
None
6.1 Approve the Minutes of the March 1, 2022, City Council Regular Meeting as submitted.
Recommended Action: Approve Minutes
6.2 Consider adopting a Resolution that:
1. Authorizes a Three-Year Consultant Services Agreement with Telstar Instruments, Inc. (Telstar) to provide professional services related to maintenance of SCADA, PLC and computer systems at the Water and Wastewater Operating Facilities in an annual amount not to exceed $60,000 per fiscal year.
2. Authorizes the City Manager to execute the Agreement on behalf of the City of Calistoga, subject to receipt of required contract documents from Telstar Instruments, Inc.
Recommended Action: Consider adopting the Resolution
6:-J Item Pulled from Consent by Councilmember Williams - Authorize the City Manager to e:l<ecute Amendment No. 15 of Napa County Flood Control and V'/ater Conservation District Agreement No. 1926 authorizing the district to pursue determination of the district's rights under the Area of Origin Settlement Agreement and Article 45 of the State Water Supply Agreement and determining the actions authorized by this action are e:l<empt from CEQA.
Resommended Action: Consider adopting the Resolution
6-A Item Pulled from the Consent due to proximity issue - Consideration to vacate a portion of Gold Street bet\.\leen Myrtle Street and Foothill Boule'.iard located at APN 011 192 003 as requested by the m,.·ner. This item would also clean up city records regarding the intended purpose of the subject property.
Resommended Action: Adopt a resolution declaring the Council's intent to consider the vacation and set the matter for a public hearing on May 3, 2022. &.-6 Item Pulled from Consent by Councilmember Williams - Receive a mid year financial update regarding the Fiscal Year 2021 22 Budget and consider adoption of budget adjustments.
Item #6.1.
Calistoga City Council Minutes
April 5, 2022
Recommended Action: Recei'le Mid Year Fiscal Year 2021 22 Budget Report and consider adoption of a Resolution appro'ling Operating and Capital lmpro•1ement Budget ad:justments for Fiscal Year 2021 22.
MAYOR CANNING DIRECTED PULLED CONSENT CALENDAR ITEMS 6.3 AND 6.5 TO BE CONSIDERED AT THIS POINT IN THE MEETING:
6.3 Item Pulled from Consent by Councilmember Williams - Authorize the City Manager to execute Amendment No. 15 of Napa County Flood Control and Water Conservation District Agreement No. 1926 authorizing the district to pursue determination of the district's rights under the Area of Origin Settlement Agreement and Article 45 of the State Water Supply Agreement and determining the actions authorized by this action are exempt from CEQA.
Recommended Action: Consider adopting the Resolution
Director of Public Works Derek Rayner presented the item. Council and staff discussion ensued.
Public comment was not received. Motion by Councilmember Williams, second by Vice Mayor Lopez-Ortega and passed by the following roll call vote, Council adopted Resolution No. 2022-024 authorizing the City Manager to execute Amendment No. 15 of Napa County Flood Control and Water Conservation District Contract No. 1926 - Water Supply Contract with the City of Calistoga authorizing the District to pursue determination of the District's right under The Area Of Origin Settlement Agreement and Article 45 of the State Water Supply Agreement and determining the actions authorized by this action are exempt from CEQA.
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Kraus, Williams and Gift, Vice Mayor LopezOrtega, and Mayor Canning None
None
None
6.4 Item Pulled from the Consent due to proximity issue - Consideration to vacate a portion of Gold Street between Myrtle Street and Foothill Boulevard located at APN 011-192-003 as requested by the owner. This item would also clean up city records regarding the intended purpose of the subject property.
Recommended Action: Adopt a resolution declaring the Council's intent to consider the vacation and set the matter for a public hearing on May 3, 2022.
Mayor Canning and Councilmember Williams stated they would be abstaining from the vote due to a proximity issue.
Public comment was not received. Motion by Councilmember Kraus, second by Vice Mayor Lopez-Ortega and passed by the following roll call vote, Council adopted Resolution No. 2022-025 declaring its intent to conduct a public hearing on the vacation of a portion of Gold Street right-of-way (SV 2021-1 ).
Item #6.1.
Calistoga City Council Minutes
April 5, 2022
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Kraus and Gift and Vice Mayor Lopez-Ortega None
Councilmember Williams and Mayor Canning
None
6.5 Item Pulled from Consent by Councilmember Williams - Receive a mid-year financial update regarding the Fiscal Year 2021-22 Budget and consider adoption of budget adjustments.
Recommended Action: Receive Mid-Year Fiscal Year 2021-22 Budget Report and consider adoption of a Resolution approving Operating and Capital Improvement Budget adjustments for Fiscal Year 2021-22.
Council and staff discussion ensued. Public comment was not received. Motion by Councilmember Kraus, second by Councilmember Williams and passed by the following roll call vote, Council adopted Resolution No. 2022-026 approving midyear adjustments to the City's Operating and Capital Improvement Budget for Fiscal Year 2021-22.
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Kraus, Williams and Gift, Vice Mayor LopezOrtega, and Mayor Canning None
None
None
7. GENERAL GOVERNMENT
7.1 Consider adopting a Resolution establishing a Council subcommittee for the purpose of developing guidelines and recommending the distribution of funds to encourage economic diversity in Calistoga.
Recommended Action: Consider adopting Resolution
Councilmember Williams presented the item. Council and staff discussion ensued.
The subcommittee will consist of Councilmember Williams and Vice Mayor LopezOrtega and an outside expert possibly from the Chamber of Commerce.
Public comment was not received. Motion by Councilmember Williams, second by Councilmember Kraus and passed by the following roll call vote, Council adopted Resolution 2022-027 authorizing the establishment of a business diversification program and subcommittee to organize the distribution of funds to encourage economic diversity in Calistoga.
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Kraus, Williams and Gift, Vice Mayor LopezOrtega, and Mayor Canning None
None
None
Item #6.1.
Calistoga City Council Minutes
April 5, 2022
7.2 Consider proposed City Staffing Modifications.
Recommended Action: By minute order, direct staff to proceed with all necessary next steps to modify the City's allocated and budgeted positions for Fiscal Years 2021- 22 and 2022-2023.
City Manager Laura Snideman presented the item. Council and staff discussion ensued.
Public comment was not received. Motion by Councilmember Kraus, second by Vice Mayor Lopez-Ortega and passed by the following roll call vote, Council directed staff to proceed with all necessary next steps to modify the City's allocated and budgeted positions for Fiscal Years 2021-22 and 2022-23.
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Kraus, Williams and Gift, Vice Mayor LopezOrtega, and Mayor Canning None
None
None
8. COUNCIL REQUESTS AND IDEAS FOR DISCUSSION
8.1 Request from Councilmember Williams to add the following items to a future Council agenda: Presentation by local Library Commissioner Stephanie Allan regard library services.
Councilmember Williams presented the item. Council supported a presentation by the Library Director and Library Commissioner to be held during the April 19, 2022, City Council Meeting.
Councilmember Williams expressed appreciation to Millie Pease for brining up the concern about folks not receiving the leaf blower rebate as it relates to the Business License Tax. Councilmember Williams stated he will be mentioning this again during budget season. Mayor Canning stated while we may have a difference in opinion of whether we should charge a Business License Tax, but he is of the opinion that the current Business License process is not user friendly and is unnecessarily complex.
Councilmember Kraus stated he agrees with the Mayor's opinion that the Business License process is not efficient.
Vice Mayor Lopez-Ortega expressed she will be sending an email to City Manager Snideman with information on the League of California Cities Helen Putnam Award for Excellence for Outstanding Local Programs and feels Calistoga has done an excellent job in the areas of water conservation and climate change.
Mayor Canning expressed his appreciation for everyone who participated in Safety Day at Logvy Park on Saturday, April 2, 2022.
Item #6.1.
Calistoga City Council Minutes
April 5, 2022
G.) ADJOURNMENT
Mayor Canning adjourned the meeting at 7:52 p.m.
Respectfully Submitted
Prepared by:
Marni Rittburg, City Clerk
Approved by:
Chris Canning, Mayor
Approved:
Item #6.1.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Jeff Mitchem, Planning & Building Director
Meeting: City Council - May 17 2022
Subject: Housing Authority Services Agreement
DESCRIPTION:
Consider adopting a Resolution authorizing the City Manager to execute a two-year intergovernmental services agreement for housing services from the Housing Authority of the City of Napa.
RECOMMENDATION:
Adopt a resolution authorizing the agreement.
BACKGROUND/SUMMARY:
BACKGROUND
The City of Calistoga currently receives affordable housing assistance and services through a contract with the Housing Authority of the City of Napa (HACN). This relationship has existed going back multiple decades. Most recently this has included assistance in administering our $500,000 2020 CDBG Grant (20-CDBG-12062) and preparing the City’s application for a $600,000 CDBG grant for the continuation of our Owner-Occupied Rehabilitation Program.
PROPOSED AGREEMENT
The City’s arrangement with the Housing Authority is proposed to be extended by two years. The proposed services are similar to those currently performed and include:
•Section 8 Housing Services
•Continuum of Care
•Regulatory Agreement Monitoring
•Development Review
•Loan Services
•Affordable Housing Regulatory Agreements
Please refer to Exhibit A to the proposed agreement for further details on these services. The costs associated with HACN’s services for the two-year period covered by the agreement would be a maximum of $106,000.
DISCUSSION
The services provided by HACN are critical for the City to fulfill the goals and actions outlined in the Housing Element of the General Plan regarding affordable housing. City staff relies on the Housing Authority’s expertise for the tasks performed by them, and the City of Napa staff has provided excellent service to the City of Calistoga over many years.
Item #6.2.
Among its duties during the next two fiscal years, HACN will continue implementing the low-income, owner-occupied HOME housing rehabilitation program. (Its administrative costs are paid for by the HOME grant.) HACN would also have primary responsibility for implementing a similar program if the City’s CDBG housing rehabilitation application is approved.
CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:
Execution of the proposed agreement with HACN would fulfill the following goals, objectives and priority projects adopted by the Council for FY 21-22:
Goal 2: Address the community’s housing needs.
Objectives
1.Expand balanced housing opportunities including workforce housing and mixed use residential housing.
2.Protect and promote special needs housing for such groups as seniors, low-income households and persons with disabilities.
3.Maintain the existing housing stock in good condition.
Priority Projects
1.…continue to implement the HOME and CDBG residential rehabilitation loan programs CEQA STATUS:
Section 502. General Rule. [State CEQA Guidelines §15061(b)(3)] CEQA does not apply to a project where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment.
FINANCIAL IMPACT:
FISCAL IMPACT
The first year of the contractual amount ($50,000) is included in the City’s draft FY 22-23 budget (Account No. 01-4107-4442). The costs of HACN’s services during the two fiscal years will be partially offset by annual monitoring fees collected by the City for each restricted affordable housing project, as well as administrative costs reimbursed by the HOME and CDBG residential rehabilitation programs. Fund 39 revenues are also generated through loan repayments from various housing projects, therefore there should be adequate funding to cover the second year of the agreement.
ATTACHMENT(S):
Attachment 1 - Draft Resolution - HACN Contract
Attachment 2 - Calistoga - Housing Services Contract
APPROVAL(S):
Gloria Leon, Administrative Services Director Approved - May 02 2022 Laura Snideman, City Manager Approved - May 06 2022
Marni Rittburg, City Clerk Approved - May 09 2022
Item #6.2.
Attachment 1
RESOLUTION NO. 2022-XXX
Authorizing Agreement No. XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA
AUTHORIZING THE CITY MANAGER TO EXECUTE A TWO-YEAR
INTERGOVERNMENTAL SERVICES AGREEMENT FOR HOUSING
SERVICES FROM THE HOUSING AUTHORITY OF THE CITY OF NAPA WHEREAS, the City Council has placed great emphasis on the need to support and enhance efforts and services to increase and protect affordable housing opportunities for the residents of Calistoga; and
WHEREAS, the City Council recognizes the need to continually monitor the occupancy of the affordable housing created within the City to insure compliance with affordability terms and restrictions and to prepare and submit monitoring and compliance reports regarding such occupancy to state and federal agencies on a regular basis; and
WHEREAS, the City Council recognizes the critical need of preserving the city’s affordable housing stock and providing assistance to low-income households in order to do so; and
WHEREAS, the Housing Authority of the City of Napa has provided valuable professional services regarding housing matters to the City in the past, including the recent successful implementation of the housing rehabilitation program; and WHEREAS, the City’s draft budget for Fiscal Year 2022-2024 (Account No. 01- 4107-4442) reflects a $50,000 allocation for housing services and it is anticipated that sufficient funding will be available for allocation in Fiscal Year 2022-2024, based on anticipated monitoring fees, loan repayments and reimbursed administrative fees.
NOW, THEREFORE BE IT RESOLVED, the City Council hereby authorizes the City Manager to execute a two-year intergovernmental services agreement with the Housing Authority of the City of Napa to provide the services identified in the agreement attached hereto in an amount not to exceed $106,000.
PASSED, APPROVED AND ADOPTED this 17th day of May 2022. I, MARNI RITTBURG, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Item #6.2.
ATTEST: APPROVED:
__________________________ __________________________
Marni Rittburg, CMC, City Clerk Chris Canning, Mayor
Item #6.2.
INTERGOVERNMENTAL AGREEMENT FOR SERVICES BY AND BETWEEN THE
HOUSING AUTHORITY OF THE CITY OF NAPA AND
THE CITY OF CALISTOGA
HOUSING AUTHORITY OF THE CITY OF NAPA AGREEMENT NO. _____ CITY OF CALISTOGA AGREEMENT NO. _____
THIS AGREEMENT FOR SERVICES (this “Agreement”) is made and entered into as of July 1, 2022 (“Effective Date”), by and between the HOUSING AUTHORITY OF THE CITY OF NAPA, a public body, corporate and politic (the "Authority"), and the CITY OF CALISTOGA, a municipal corporation (the “City”) under the joint exercise of powers provisions of the Government Code of the State of California, California Government Code Section 6500-6536. City and Authority are public entities organized and operating under the laws of the State of California and each is a public entity as defined in California Government Code Section 6500. The Authority and City are hereinafter collectively referred to as the “Parties.”
RECITALS
WHEREAS, the City desires to obtain housing services from the Authority during the Fiscal Year 2022 – 2023 and Fiscal Year 2023 – 2024, and the Authority is willing to provide such services to the City subject to the terms and conditions set forth herein.
TERMS
NOW, THEREFORE, City and Authority agree as follows:
1. Term of the Agreement. The term of this Agreement shall commence on the Effective Date and shall expire on June 30, 2024 (the “Term”) unless earlier terminated in accordance with Paragraphs 7 or 8 of this Agreement.
2. Scope of Services. Authority shall perform the services described in the Scope of Services in Exhibit “A”, attached hereto and incorporated by reference herein (the “Services”).
3. Compensation.
(a) Baseline Rates. In consideration of Authority’s performance of the Services, the City shall pay to Authority the baseline rate (“Baseline Rate”) of Fifty Thousand Dollars ($52,050.00) for fiscal year 2022–2023 and Fifty-One Thousand Dollars ($53,950.00) for fiscal year 2023–2024 (b) Maximum Annual Compensation. The total compensation for the Services provided by Authority to the City under this Agreement shall not exceed $52,050.00 for fiscal year 2022- 2023 or $53,950.00 for fiscal year 2023-2024 as detailed in the following table:
COMPENSATION BREAKDOWN
Service Provided FY2022-23 Cost FY2023-2 Cost Total Cost HACN Baseline Housing Services $52,050 $53,950 $106,000 Item #6.2.
City of Calistoga
Services Agreement FY 2022-2024
(c) Rate for Additional Services. If the City authorizes Authority to perform services that are not included in the Scope of Services set forth in Exhibit “A” (“Additional Services”), Authority will be compensated for the Additional Services on a time and materials basis. The rate for Authority’s time for the Additional Services shall be the then-current fully burdened overhead rate (the “Fully Burdened Overhead Rate”) for the employee performing the Additional Services. The Fully Burdened Overhead Rate is an hourly billable rate that captures all Authority costs (direct and indirect) associated with an employee, over and above gross compensation or payroll costs. Typical costs associated with the Fully Burdened Overhead Rate include payroll taxes, worker's compensation, health insurance, paid time off, pension contributions, other benefits, and indirect costs including departmental and citywide administrative overhead allocations. The applicable Fully Burdened Overhead Rate will depend on the Authority employee performing the Additional Services as each employee has a different Fully Burdened Overhead Rate that is calculated based on that particular employee’s salary and benefits. (d) Invoices for Additional Services. Authority will submit a monthly itemized invoice to the City for any Additional Services provided by the Authority during the preceding month. The City will pay the Authority within 30 days after approval of each invoice.
4. Method of Payment. The Authority shall provide to City an invoice for payment for the Services on the following dates and in the following amounts:
(a) On July 1, 2022, an invoice equal to 50% of the Baseline Rate for fiscal year 2022-2023 in the amount of $26,025.00; and
(b) On January 1, 2023, a second invoice for the remaining 50% of the Baseline Rate for fiscal year 2022-2023 in the amount of $26,025.00.
(c) On July 1, 2023, a third invoice for 50% of the Baseline Rate for fiscal year 2021-2022 in the amount of $26,975.00; and
(d) On January 1, 2024, a fourth invoice for the remaining 50% of the Baseline Rate for fiscal year 2021-2022 in the amount of $26,975.00.
City shall pay the Authority within thirty (30) days following receipt of an invoice.
5. Independent Contractor. The Authority shall perform the Services under this Agreement as an independent contractor. The Authority and the officers, agents and employees of Authority are not, and shall not be deemed, City employees for any purpose, including workers' compensation. The Authority shall determine the method and manner by which the Services shall be performed. The Authority and its officers, employees and agents shall not be entitled to any of the benefits accorded to a City employee. City shall not deduct or withhold any amounts whatsoever from the compensation paid to the Authority, including, but not limited to amounts required to be withheld for state and federal taxes.
The Authority shall be solely responsible for all such payments.
6. Indemnification. To the fullest extent permitted by law, City shall defend, indemnify and hold harmless the Authority and its elected and appointed officials, officers, agents and employees from and against any and all liability or claims (including actions, demands, damages, injuries, settlements, losses, or costs [including legal costs and attorney's fees]) (collectively, “Liability”) of any nature, arising out of, pertaining to, or relating to City’s acts or omissions under this Agreement. Consistent with Civil Item #6.2.
City of Calistoga
Services Agreement FY 2022-2024
Code Section 2782, City will not be obligated to indemnify Authority for the proportionate share of the Liability caused by the Authority’s active negligence, sole negligence, or willful misconduct. City’s indemnification obligations under this Agreement are not limited by any limitations of any insurance held by City, including, but not limited to, workers’ compensation insurance.
To the fullest extent permitted by law, Authority shall defend, indemnify and hold harmless City and its elected and appointed officials, officers, agents and employees from and against any Liability of any nature, arising out of, pertaining to, or relating to the Authority’s acts or omissions under this Agreement.
Consistent with Civil Code Section 2782, Authority will not be obligated to indemnify City for the proportionate share of the Liability caused by the City’s active negligence, sole negligence, or willful misconduct. Authority’s indemnification obligations under this Agreement are not limited by any limitations of any insurance held by Authority, including, but not limited to, workers’ compensation insurance.
7. Termination for Cause. If either party shall fail to fulfill in a timely and proper manner that party's obligations under this Agreement or otherwise breach this Agreement, the non-defaulting party may, in addition to any other remedies it may have, terminate this Agreement by giving fifteen (15) days written notice to the defaulting party in the manner set forth in Paragraph 11 (Notices).
8. Termination for the Convenience of a Party. This Agreement may be terminated by either party for any reason and at any time by giving no less than thirty (30) days prior written notice of such termination to the other party and specifying the effective date thereof.
9. Payment for Work upon Expiration or Termination. In the event of termination for cause under Paragraph 7 or termination for the convenience of a party under Paragraph 8, Authority shall be entitled to receive compensation for any satisfactory Services and/or Additional Services provided by the Authority prior to the effective date of the notice subject to the maximum amount set forth in Paragraph 3(b). In the event the termination results in the Authority receiving payment in an amount that exceeds the amount due to Authority for the Services provided under this Agreement, City shall be entitled to receive reimbursement for any overpayment from Authority.
10. No Waiver. The waiver by either party of any breach or violation of any requirement of this Agreement shall not be deemed to be a waiver of any such breach in the future, or of the breach of any other requirement of this Agreement.
11. Notices. All notices required or authorized by this Agreement shall be in writing and shall be delivered in person or by deposit in the United States mail, by first class mail, postage prepaid. Any mailed notice, demand, request, consent, approval or communication that either party desires to give the other party shall be addressed to the other party at the address set forth below. Either party may change its address by notifying the other party of the change of address. Any notice sent by mail in the manner prescribed by this paragraph shall be deemed to have been received on the date noted on the return receipt or five days following the date of deposit, whichever is earlier.
AUTHORITY CITY OF CALISTOGA
Housing Manager Laura Snideman, City Manager
Housing Authority of the City of Napa City of Calistoga P.O. Box 660 1232 Washington Street
Napa, CA 94559 Calistoga, CA 94515
Item #6.2.
City of Calistoga
Services Agreement FY 2022-2024
12. Confidentiality. Confidential information is defined as all information disclosed to the Authority which relates to City past, present, and future activities, as well as activities under this Agreement. Except as otherwise provided in Paragraph 15, as directed by the City Manager or designee thereof, or when required by the California Public Records Act, a subpoena or by court order, the Authority shall hold all such information as the Authority may receive, if any, in trust and confidence.
13. Amendment/Modification. Except as specifically provided herein, this Agreement may be modified or amended only in a writing signed by the Parties.
14. Compliance with Laws. In the performance of this Agreement, the Authority shall observe and comply with all applicable Federal, State and local laws, ordinances, and codes.
15. Access to Records/Retention. City shall have access to any books, documents, papers and records of the Authority prepared or obtained by the Authority when providing the Services under this Agreement. Upon expiration or termination of this Agreement the Authority shall return all such records to City unless otherwise directed by City to retain or dispose of such records, except that with the written permission of City, the Authority may keep a copy of such records as long as such copy is maintained in confidence and is returned to City or its successor agency to be destroyed upon notification to Authority that City has authorized destruction of the original records.
16. Attorney's Fees. In the event that either party commences legal action of any kind or character to either enforce the provisions of this Agreement or to obtain damages for breach thereof, the prevailing party in such litigation shall be entitled to all costs and reasonable attorney's fees incurred in connection with such action.
17. Interpretation. The headings used herein are for reference. The terms of the Agreement are set out in the text under the headings. This Agreement shall be governed by the laws of the State of California.
18. Severability. If any provision of this Agreement, or any portion thereof, is found by any court of competent jurisdiction to be unenforceable or invalid for any reason, such provision shall be severable and shall not in any way impair the enforceability of any other provision of this Agreement.
19. Entirety of Contract. This Agreement, together with “Exhibits A and B” attached hereto and incorporated herein, constitutes the entire agreement between the Parties relating to the subject of this Agreement and supersedes all previous agreements, promises, representations, understandings and negotiations, whether written or oral, among the Parties with respect to the subject matter hereof.
20. Counterparts. This Agreement may be executed in counterparts, each one of which is deemed an original, but all of which together constitute a single instrument.
21. Privileges and Immunities. In accordance with California Government Code section 6513, all of the privileges and immunities from liability, all exemptions from laws, ordinances and rules, and all pension, relief, disability, workmen’s compensation, and other benefits which apply to the activity of the trustees, officers, employees or agents of the Parties when performing their functions within the territorial limits of their respective public agencies, shall apply to them to the same degree and extent Item #6.2.
City of Calistoga
Services Agreement FY 2022-2024
while engaged in the performance of any of their functions and duties associated with performance of this Agreement.
Item #6.2.
City of Calistoga
Services Agreement FY 2022-2024
IN WITNESS WHEREOF, this Agreement was executed by the Parties as of the date first above written.
CITY:
CITY OF CALISTOGA, a municipal corporation
By: ________________________________________
LAURA SNIDEMAN, City Manager
ATTEST:
By: ________________________________________
MARNI RITTBURG, City Clerk
APPROVED AS TO FORM:
By: ________________________________________
MICHELLE MARCHETTA KENYON, City Attorney
AUTHORITY:
HOUSING AUTHORITY OF THE CITY OF NAPA, a public body, corporate and politic By: ________________________________________
STEVE POTTER, Executive Director
ATTEST:
By: _________________________________
TIFFANY CARRANZA, Deputy Authority Secretary
COUNTERSIGNED:
By: ___________________________________
JOY REISENBERG, Deputy City Auditor
APPROVED AS TO FORM:
By: _____________________________________
MICHAEL BARRETT, Authority General Counsel
Item #6.2.
City of Calistoga
Services Agreement FY 2022-2024
EXHIBIT “A”
Scope of Services
WORK PROGRAM DESCRIPTION
A. COUNTYWIDE ACTIVITIES
1. Section 8 Housing Services HUD-funded very low income rental housing assistance program administered
countywide - 88% City of Napa & 12%
countywide
2. Continuum of Care Participate in Countywide Continuum of Care for delivery of homeless services &
projects
B. STANDARD HOUSING SERVICES
1. Regulatory Agreement Monitoring Provide required annual monitoring of regulatory agreement units summarized
in Exhibit B
2. Review development projects Technical assistance reviewing proposed housing developments to maximize
affordable housing units
3. Loan Servicing Provide loan servicing and owner
occupancy monitoring for HOME & CDBG
rehab loans
4. Affordable Housing Regulatory Agreements Review affordable housing agreements & make recommendations
5. Annual Meeting with Staff and Council Report on year's activities C. ADDITIONAL HOUSING SERVICES
1. Additional housing services as mutually agreed tToBD: The Authority shall be compensated forsuch additional services in accordance
with Section 3(c).
Item #6.2.
City of Calistoga
Services Agreement FY 2022-2024
EXHIBIT “B”
Monitoring List
Project Type
Affordable
Units Task Description
Palisades SFSH 17 Annually
Mail out owner occupancy
certification, verify insurance
& taxes paid. Follow-up when
necessary. Update owner
database
Emerald Oaks SFSH 1 Annually
Mail out owner occupancy
certification, verify insurance
& taxes paid. Follow-up when
necessary. Up-date owner
database
Silverado Place SFSH 1 Annually
Mail out owner occupancy
certification, verify insurance
& taxes paid. Follow-up when
necessary. Update owner
database
Saratoga Manor II SFSH 17 Annually
Mail out owner occupancy
certification, verify insurance
& taxes paid. Follow-up when
necessary. Update owner
database
Lakewood I
1809 Lake St. Rental 8 Annually
Review Calistoga Affordable
Housing, Inc. annual report &
tenant certification forms for
compliance with Affordable
Housing Agreement #0210 &
Loan Agreement #0210
Palisades Apts. 40 & 42
Brannan St. Rental 24 Annually
Review Burbank Housing
annual report & tenant
certification forms for
compliance with Affordable
Housing Agreement #0248 &
HOME Standard Agreement
#07-HOME-3063. Submit
Annual Long Term Monitoring
Report to HCD. Collect annual
monitoring fee.
Paladini Apts Rental 4 Annually
Review property owner's
annual report and tenant
certification forms for
compliance with Affordable
Housing Agreement. Collect
Item #6.2.
City of Calistoga
Services Agreement FY 2022-2024
annual monitoring fee.
Luxe Calistoga -
Garnett Creek Inn 1139
Calistoga St. Rental 4 Annually
Review property owner's
annual report and tenant
certification forms for
compliance with Affordable
Housing Agreement. Collect
annual monitoring fee.
Calistoga Senior Apts
611 Washington Street Rental 29 Annually
Review property owner's
annual report and tenant
certification forms for
compliance with Affordable
Housing Agreement. Collect
annual monitoring fee.
Additional affordable housing
units Rental up to 16** Annually
Lease up certification. Mail out
project compliance report and
review tenant information for
compliance with Regulatory
Agreement. Update project
database.
HOME Loans Rehab* 20 Annually
Loan servicing & owner
occupancy certification, verify
insurance and taxes or HCD
registration paid. Follow-up
when necessary. Update
Rehab database.
CDBG Loans Rehab* 32 Annually
Loan servicing & owner
occupancy certification, verify
insurance and taxes or HCD
registration paid. Follow-up
when necessary. Update
Rehab database.
*Number of loans may increase or decrease over the
term of contract
**Affordable units beyond the number identified above shall be billed on a time and material basis in accordance
with Paragraph 3(d).
Item #6.2.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Steve Campbell, Fire Chief
Meeting: City Council - May 17 2022
Subject: Contract for Fire Dispatch Services with Cal Fire DESCRIPTION:
Consider adopting a Resolution executing a three-year Fire Dispatch Service Contract with Cal Fire from July 1, 2022, through June 30, 2025.
RECOMMENDATION:
Consider adopting a Resolution approving a three-year contract with Cal Fire to provide Fire Dispatch Services to the City of Calistoga.
BACKGROUND/SUMMARY:
Dispatch services offered by Cal Fire provide fire department 9-1-1 emergency dispatch from their fire/emergency Command Center (ECC). Cal Fire will be responsible for EMD services, fire/emergency services, dispatching emergency resource units covered under this agreement. The Cal Fire ECC is staffed with a Battalion Chief, three or more Fire Captains and Communication Operators to provide 24/7 year-round coverage. There is always an officer of Captain rank or higher to serve as shift supervisor and command officer. Cal Fire uses an integrated Computer Aided Dispatch (CAD) system using the latest technology, to direct the closest available resources to all incidents.
Calistoga currently has a dispatch agreement with Cal Fire that is set to expire on June 30, 2022. This agreement was a three-year agreement with a maximum total city contribution of $120,029. The proposed contract requires a maximum total city contribution of $122,124 for the period of July 1, 2022, to June 30, 2025. Similar to the prior contract, the City and the County are sharing equally in the total cost of the agreement, the total amount of which will be $244,248 for the period of July 1, 2022, to June 30, 2025.
Staff has looked for possibilities of other dispatch options with Napa Dispatch, RedCom or the City Police Department. Staff recommends the best option at this time is to enter into a three-year dispatch agreement with Cal-Fire.
CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:
The recommended action supports FY 2021-22 City Council Goal No. 5, Objective (1) Continue to provide a high standard in the delivery of emergency and general municipal services.
CEQA STATUS:
The proposed Resolution is exempt from environmental review under the California Environmental Quality Act, Public Resource's Code section 21000 et seq. ("CEQA") pursuant to CEQA Guidelines Item #6.3.
Section 15061(b)(3) as it can be seen with certainty that the project has no potential for causing a significant effect on the environment.
FINANCIAL IMPACT:
The cost of this agreement will be built into FY 2022/2023, FY 2023/2024, and FY 2024/2025 budgets in Account Number 01-4117-4402. The City will pay Cal-Fire a total combined maximum amount of $122,124.
ATTACHMENT(S):
Resolution Dispatch Agreement 2022-2025
2022-2025 Cal FIRE Protection Agreement
APPROVAL(S):
Gloria Leon, Administrative Services Director Approved - May 09 2022 Laura Snideman, City Manager Approved - May 09 2022
Marni Rittburg, City Clerk Approved - May 10 2022
Item #6.3.
Attachment 1
1 RESOLUTION NO. 2022-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF
NAPA, STATE OF CALIFORNIA, AUTHORIZING THE MAYOR OF THE CITY OF
CALISTOGA TO ENTER INTO A FIRE DISPATCH SERVICE AGREEMENT WITH CAL FIRE FOR FISCAL YEAR 2022/23-2023/24 AND 2024/2025 FOR FIRE DISPATHCH SERVICES IN THE AMOUNT OF $244,248.00
Authorizing Agreement No. 1CA05785
WHEREAS, the City of Calistoga has provided first response emergency services to the unincorporated areas outside the city limits; and WHEREAS, the County of Napa has contracted with the City of Calistoga to provide first response emergency services within a defined unincorporated area; and WHEREAS, the County of Napa has provided dispatch services as part of the fire service contract; and
WHEREAS, the County of Napa is requesting that Calistoga contract directly with Cal Fire for dispatch services: and
WHEREAS, the City of Calistoga and the County of Napa have both agreed that the City will contract directly with Cal Fire for one-half the cost for dispatch services and the County will pay the remaining half of dispatch services for fiscal year 2022/2023-2023/2024 and 2024/2025.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Calistoga hereby authorizes the Mayor of the City of Calistoga to execute the attached Fire Dispatch services agreement with Cal Fire for fiscal year 2022/2023-2023/204 and 2024/2025 for Fire Dispatch Services funded by Account Number 01-4117-4402 in the amount of $244,248.00 as shown in Exhibit 2 to this resolution, contingent upon approval by the city attorney.
PASSED, APPROVED AND ADOPTED this 17th day of May 2022. I, MARNI RITTBURG, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
___________________________ _________________________
Marni Rittburg, CMC, City Clerk Chris Canning, Mayor
Item #6.3.
COOPERATIVE FIRE PROGRAMS
FIRE PROTECTION REIMBURSEMENT AGREEMENT
LG-1 REV. 11/2020
AGREEMENT NUMBER 1CA05785
REGISTRATION NUMBER:
1. This Agreement is entered into between the State Agency and the Local Agency named below:
STATE AGENCY'S NAME
California Department of Forestry and Fire Protection – (CAL FIRE) LOCAL AGENCY’S NAME
City of Calistoga
2. The term of this Agreement is: July 1, 2022 through June 30, 2025
3. The maximum amount of this
Agreement is:
$ 244,248.00
Two Hundred Forty-Four Thousand, Two Hundred Forty-Eight Dollars and no cents
4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement.
Exhibit A – Scope of Work – Includes page 2 (contact page) in count for Exhibit A 4 pages Exhibit B – Budget Detail and Payment Provisions 2 pages Exhibit C – General Terms and Conditions 7 pages
Exhibit D – Additional Provisions 5 pages
Exhibit E – Description of Other Services N/A pages
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
LOCAL AGENCY California Department of General
Services Use Only LOCAL AGENCY’S NAME
City of Calistoga
BY (Authorized Signature) DATE SIGNED(Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING
Chris Canning, Mayor
ADDRESS
1232 Washington St. Calistoga, CA 94515
STATE OF CALIFORNIA
AGENCY NAME
California Department of Forestry and Fire Protection
BY (Authorized Signature) DATE SIGNED(Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING
Chris Anthony, Assistant Deputy Director, Cooperative Fire Protection, Training & Safety ADDRESS P.O. Box 944246, Sacramento, CA 94244-2460
Item #6.3.
Contractor Name: City of Calistoga
Contract No.: 1CA05785
Page No.: 2
EXHIBIT A
COOPERATIVE FIRE PROGRAMS
FIRE PROTECTION REIMBURSEMENT AGREEMENT
The project representatives during the term of this agreement will be:
CAL FIRE Unit Chief: LNU Local Agency: City of Calistoga Name: Mike Marcucci Name: Steve Campbell
Phone: 707-967-1400 Phone: 707-889-2783
Fax: Fax:
All required correspondence shall be sent through U.S. Postal Service by certified mail and directed to:
CAL FIRE Unit Chief: Mike Marcucci Local Agency: City of Calisoga Section/Unit: Sonoma Lake Napa Section/Unit: Fire Department Attention: Administrative Chief Attention: Chief Steve Campbell Address: 1199 Big Tree Rd
St. Helena, CA 94574
Address: 1232 Washington St
Calistoga, CA 94515
Phone: 707-967-1402 Phone: 707-889-2783
Fax: Fax:
Send an additional copy of all correspondence to:
CAL FIRE
Cooperative Fire Services
P.O. Box 944246
Sacramento, CA 94244-2460
AUTHORIZATION
As used herein, Director shall mean Director of CAL FIRE. This agreement, its terms and conditions are authorized under the Public Resources Code Sections 4141, 4142, 4143 and 4144, as applicable.
Item #6.3.
Contractor Name: City of Calistoga
Contract No.: 1CA05785
Page No.: 3
EXHIBIT A
SCOPE OF WORK
Under Public Resources Code Section 4114 and other provisions of law, STATE maintains fire prevention and fire suppression forces including the necessary equipment, personnel, and facilities required to prevent and extinguish forest fires.
The purpose of this agreement is to provide mutually advantageous fire and emergency services through an effective consolidated organization, wherein the STATE is primarily financially responsible for protecting natural resources from vegetation fires and the LOCAL AGENCY is primarily financially responsible for protecting life and property from fires and other emergencies. The LOCAL AGENCY shall have sole authority to establish the fire protection organization and structure needed to meet the determined level of service. This level of service may be based on the LOCAL AGENCY governing board’s established fiscal parameters and assessment of risks and hazards. LOCAL AGENCY personnel providing services under this agreement may include any one or a combination of the following: regular employees, persons temporarily employed and commonly known as volunteers, paid-call firefighters, or others temporarily employed to perform any emergency work or emergency service including, but not limited to fire prevention, fire suppression and emergency medical response.
To comply with the STATE’s mandate for full cost recovery of goods and services provided for others, the LOCAL AGENCY shall be responsible for all STATE costs, both direct and indirect, required to execute the terms of this agreement. These costs shall include, but not be limited to: required training and associated post coverage, employee uniform and Personal Protective Equipment (PPE) costs.
1. FIRE PROTECTION SERVICES TO BE PROVIDED BY THE STATE STATE provides a modern, full service fire protection and emergency incident management agency that provides comprehensive fire protection and other emergency incident response. STATE designs regional fire protection solutions for urban and rural communities by efficiently utilizing all emergency protection resources. Regional solutions provide the most effective method of protecting the citizens of California at local, county and state levels.
Fire protection services to be provided by STATE under this agreement shall include the following:
(check boxes below that apply)
1) Emergency Fire Protection, Medical and Rescue Response: services include commercial, residential, and wildland fire protection, prevention and investigation; hazardous materials incident response; emergency vehicle extrication; hazardous conditions response (flooding, downed power lines, earthquake, terrorist incident, etc.); emergency medical and rescue response; and public service assistance. Also included are management support services that include fire department administration, training and safety, personnel, finance and logistical support.
2) Basic Life Support Services: emergency medical technician (EMT) level emergency medical response providing first aid, basic life support (BLS), airway management, administration of oxygen, bleeding control, and life support system stabilization until patients are transported to the nearest emergency care facility.
3) Advanced Life Support Services: paramedic level emergency medical response providing early advanced airway management, intravenous drug therapy, and life support system stabilization until patients are transported to the nearest emergency care facility. 4) Dispatch Services: provide fire department 9-1-1 emergency dispatch by CAL FIRE Fire/Emergency Command Center (ECC). CAL FIRE will be responsible for fire/emergency Item #6.3.
Contractor Name: City of Calistoga
Contract No.: 1CA05785
Page No.: 4
dispatching emergency resource units covered under this agreement. The CAL FIRE ECC is staffed with a Battalion Chief, three or more Fire Captains and Communications Operators to provide 24/7 year-round coverage. There is always an officer of Captain rank or higher to serve as the shift supervisor and command officer. CAL FIRE uses an integrated Computer Aided Dispatch (CAD) system using the latest technology, to direct the closest available resources to all emergency incidents.
5) Fire Code Inspection, Prevention and Enforcement Services: CAL FIRE has staff Fire Inspectors serving under the direction of the LOCAL AGENCY Fire Marshal to provide services to the area covered by this agreement. Fire Code Enforcement will normally be available five days per week, with emergency or scheduled enforcement inspections available seven days per week.
Fire Prevention and Investigation services will be provided by CAL FIRE Prevention Officers trained in arson, commercial, and wildland fire investigation. Officers are available by appointment for site visits and consultations. Officers are trained at CAL FIRE’s Peace Officer Standard Training (POST) certified law enforcement training academy and they cooperate effectively with all local, state and federal law enforcement agencies.
6) Land Use/ Pre-Fire Planning Services – CAL FIRE staff will provide community land use planning, administration of Pre-Fire project work, including community outreach, development of community education programs, project quality control, maintenance of project records and submittal of progress reports, completion of required environmental documentation, acquisition of required permits and completion of other associated administrative duties. 7) Disaster planning services (listed in Exhibit E, Description of Other Services, attached hereto and made a part of this agreement)
8) Specific service descriptions and staffing coverage, by station (listed in Exhibit E, Description of Other Services, attached hereto and made a part of this agreement) 9) Extended Fire Protection Service Availability (Amador)
2. ADMINISTRATION
Under the requirements of California Public Resources Code Section 4114 and other provisions of law, STATE maintains fire prevention and firefighting services as outlined in Exhibit D, Schedule B of this agreement.
A. Director shall select and employ a Region Chief who shall, under the direction of the Director/Chief Deputy Director, manage all aspects of fire prevention and fire protection services and forestry-related programs.
B. Director will select and employ a Unit Chief who shall, under the supervision and direction of Director/Region Chief or a lawful representative, have charge of the organization described in Exhibit D, Schedules A, B and C included hereto and made a part of this agreement.
C. LOCAL AGENCY shall appoint the Unit Chief as the LOCAL AGENCY Fire Chief for all Emergency Fire Protection, Medical and Rescue Response Agreements, pursuant to applicable statutory authority. The Unit Chief may delegate this responsibility to qualified staff.
D. The Unit Chief may dispatch personnel and equipment listed in Exhibit D, Schedules A, B and C from the assigned station or location under guidelines established by LOCAL AGENCY and approved by STATE. Personnel and/or equipment listed in Exhibit D, Schedule B may be dispatched at the sole discretion of STATE.
Item #6.3.
Contractor Name: City of Calistoga
Contract No.: 1CA05785
Page No.: 5
E. The Unit Chief shall exercise professional judgment consistent with STATE policy and his or her employment by STATE in authorizing or making any assignments to emergencies and other responses, including assignments made in response to requests for mutual aid.
F. Except as may be otherwise provided for in this agreement, STATE shall not incur any obligation on the part of LOCAL AGENCY to pay for any labor, materials, supplies or services beyond the total set forth in the respective Exhibit D, Schedules A and C, as to the services to be rendered pursuant to each Schedule.
G. Nothing herein shall alter or amend or be construed to alter or amend any Collective Bargaining Agreement or Memorandum of Understanding between the State of California and its employees under the State Employer-Employee Relations Act.
3. SUPPRESSION COST RECOVERY
As provided in Health and Safety Code (H&SC) Section 13009, STATE may bring an action for collection of suppression costs of any fire caused by negligence, violation of law, or failure to correct noticed fire safety violations. When using LOCAL AGENCY equipment and personnel under the terms of this agreement, STATE may, at the request of LOCAL AGENCY, bring such an action for collection of costs incurred by LOCAL AGENCY. In such a case LOCAL AGENCY appoints and designates STATE as its agent in said collection proceedings. In the event of recovery, STATE shall deduct fees and litigation costs in a proportional percentage amount based on verifiable and justifiable suppression costs for the fire at issue. These recovery costs are for services provided which are beyond the scope of those covered by the local government administrative fee.
In all such instances, STATE shall give timely notice of the possible application of H&SC Section 13009 to the representative designated by LOCAL AGENCY.
4. MUTUAL AID
When rendering mutual aid or assistance as authorized in H&SC Sections 13050 and 13054, STATE may, at the request of LOCAL AGENCY, demand payment of charges and seek reimbursement of LOCAL AGENCY costs for personnel, equipment and operating expenses as funded herein, under authority given by H&SC Sections 13051 and 13054. STATE, in seeking said reimbursement pursuant to such request of LOCAL AGENCY, shall represent LOCAL AGENCY by following the procedures set forth in H&SC Section 13052. Any recovery of LOCAL AGENCY costs, less expenses, shall be paid or credited to LOCAL AGENCY, as directed by LOCAL AGENCY.
In all such instances, STATE shall give timely notice of the possible application of H&SC Sections 13051 and 13054 to the officer designated by LOCAL AGENCY.
5. PROPERTY PURCHASE AND ACCOUNTING
LOCAL AGENCY shall be responsible for all costs associated with property required by personnel to carry out this agreement. Employee uniform costs will be assessed to the LOCAL AGENCY through the agreement billing process. Personal Protective Equipment (PPE) costs shall be the responsibility of the LOCAL AGENCY. By mutual agreement, PPE meeting the minimum specifications established by the STATE may be purchased directly by the LOCAL AGENCY. Alternately, the STATE will supply all PPE and the LOCAL AGENCY will be billed for costs incurred.
All property provided by LOCAL AGENCY and by STATE for the purpose of providing fire protection services shall be marked and accounted for by the Unit Chief in such a manner as to conform to the regulations, if any, established by the parties for the segregation, care, and use of the respective properties.
Item #6.3.
Contractor Name: City of Calistoga
Contract No.: 1CA05785
Page No.: 6
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
1. PAYMENT FOR SERVICES
A. LOCAL AGENCY shall pay STATE actual cost for fire protection services pursuant to this agreement an amount not to exceed that set forth in Exhibit D, Schedule A for each fiscal year. STATE shall prepare an Exhibit D, Schedule A each year, which shall be the basis for payment for the entire fiscal year for which services are provided.
B. Any other funds designated by LOCAL AGENCY to be expended under the supervision of or for use by a Unit Chief for fire protection services shall be set forth in Exhibit D, Schedule C. This clause shall not limit the right of LOCAL AGENCY to make additional expenditures, whether under Exhibit D, Schedule C or otherwise.
C. STATE shall invoice LOCAL AGENCY for the cost of fire protection services on a quarterly basis as follows:
1) For actual services rendered by STATE during the period of July 1 through September 30, by an invoice filed with LOCAL AGENCY on or after December 10. 2) For actual services rendered by STATE during the period October 1 through December 31, by an invoice filed with LOCAL AGENCY on or after December 31. 3) For actual services rendered by STATE during the period January 1 through March 31, by an invoice filed with LOCAL AGENCY on or after March 31. 4) For the estimated cost of services during the period April 1 through June 30, by an invoice filed in advance with LOCAL AGENCY on or after March 1. 5) A final statement shall be filed with LOCAL AGENCY by October 1 following the close of the fiscal year, reconciling the payments made by LOCAL AGENCY with the cost of the actual services rendered by STATE and including any other costs as provided herein, giving credit for all payments made by LOCAL AGENCY and claiming the balance due to STATE, if any, or refunding to LOCAL AGENCY the amount of any overpayment.
6) All payments by LOCAL AGENCY shall be made within thirty (30) days of receipt of invoice from STATE, or within thirty (30) days after the filing dates specified above, whichever is later.
7) The STATE reserves the right to adjust the frequency of billing and payment to a monthly cycle with a thirty (30) day written notice to the LOCAL AGENCY when:
a. The Director predicts a cash flow shortage, or
b. When determined by the Region Chief, after consulting with the Unit Chief and the LOCAL AGENCY Contract Administrator, that the LOCAL AGENCY may not have the financial ability to support the contract at the contract level.
D. Invoices shall include actual or estimated costs as provided herein of salaries and employee benefits for those personnel employed, charges for operating expenses and equipment and the administrative charge in accordance with Exhibit D, Schedule A.
When "contractual rates" are indicated, the rate shall be based on an average salary plus all benefits. "Contractual rates" means an all-inclusive rate established in Exhibit D, Schedule A for total costs to STATE, per specified position, for 24-hour fire protection services during the period covered.
Item #6.3.
Contractor Name: City of Calistoga
Contract No.: 1CA05785
Page No.: 7
E. STATE shall credit the LOCAL AGENCY, or cover behind at no cost, for the costs of Non-post (e.g. Fire Marshal, Training Officer, etc.) positions and equipment assigned to STATE responsibility fires or other STATE funded emergency incidents. The STATE shall notify the LOCAL AGENCY when this occurs.
2. COST OF OPERATING AND MAINTAINING EQUIPMENT AND PROPERTY The cost of maintaining, operating, and replacing any and all property and equipment, real or personal, furnished by the parties hereto for fire protection purposes, shall be borne by the party owning or furnishing such property or equipment unless otherwise provided for herein or by separate written agreement.
3. BUDGET CONTINGENCY CLAUSE
A. If the LOCAL AGENCY’s governing authority does not appropriate sufficient funds for the current year or any subsequent years covered under this Agreement, which results in an inability to pay the STATE for the services specified in this Agreement, the LOCAL AGENCY shall promptly notify the STATE and this Agreement will terminate pursuant to the notice periods required herein.
B. If funding for any fiscal year is reduced or deleted by the LOCAL AGENCY for purposes of this program, the LOCAL AGENCY shall promptly notify the STATE, and the STATE shall have the option to either cancel this Agreement with no liability occurring to the STATE, or offer an agreement amendment to LOCAL AGENCY to reflect the reduced amount, pursuant to the notice terms herein.
C. If the STATE Budget Act does not appropriate sufficient funds to provide the services for the current year or any subsequent years covered under this Agreement, which results in an inability to provide the services specified in this Agreement to the LOCAL AGENCY, the STATE shall promptly notify the LOCAL AGENCY, and this Agreement will terminate pursuant to the notice periods required herein.
D. If funding for any fiscal year is reduced or deleted by the STATE Budget Act for purposes of this program, the STATE shall promptly notify the LOCAL AGENCY, and the LOCAL AGENCY shall have the option to either cancel this Agreement with no liability occurring to the LOCAL AGENCY, or offer an agreement amendment to LOCAL AGENCY to reflect the reduced services, pursuant to the notice terms herein.
E. Notwithstanding the foregoing provisions in paragraphs A and B above, the LOCAL AGENCY shall remain responsible for payment for all services actually rendered by the STATE under this Agreement regardless of LOCAL AGENCY funding being reduced, deleted or not otherwise appropriated for this program. The LOCAL AGENCY shall promptly notify the STATE in writing of any budgetary changes that would impact this Agreement.
F. LOCAL AGENCY and STATE agree that this Budget Contingency Clause shall not relieve or excuse either party from its obligation(s) to provide timely notice as may be required elsewhere in this Agreement.
Item #6.3.
Contractor Name: City of Calistoga
Contract No.: 1CA05785
Page No.: 8
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. STATE will not commence performance until such approval has been obtained.
2. AMENDMENT: This agreement may be amended by mutual consent of LOCAL AGENCY and STATE. No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.
If during the term of this agreement LOCAL AGENCY shall desire a reduction in STATE civil service employees assigned to the organization provided for in Exhibit D, Schedule A, LOCAL AGENCY shall provide 120 days written notice of the requested reduction. Notification shall include the following: (1) The total amount of reduction; (2) The firm effective date of the reduction; and (3) The number of employees, by classification, affected by a reduction. If such notice is not provided, LOCAL AGENCY shall reimburse STATE for relocation costs incurred by STATE as a result of the reduction. Personnel reductions resulting solely from an increase in STATE employee salaries or STATE expenses occurring after signing this agreement and set forth in Exhibit D, Schedule A to this agreement shall not be subject to relocation expense reimbursement by LOCAL AGENCY.
If during the term of this agreement costs to LOCAL AGENCY set forth in any Exhibit D, Schedule A to this agreement increase and LOCAL AGENCY, in its sole discretion, determines it cannot meet such increase without reducing services provided by STATE, LOCAL AGENCY shall within one hundred twenty (120) days of receipt of such Schedule notify STATE and designate which adjustments shall be made to bring costs to the necessary level. If such designation is not received by STATE within the period specified, STATE shall reduce services in its sole discretion to permit continued operation within available funds.
3. ASSIGNMENT: This Agreement is not assignable by the LOCAL AGENCY either in whole or in part, without the consent of the STATE in the form of a formal written amendment.
4. EXTENSION OF AGREEMENT:
A. One year prior to the date of expiration of this agreement, LOCAL AGENCY shall give STATE written notice of whether LOCAL AGENCY will extend or enter into a new agreement with STATE for fire protection services and, if so, whether LOCAL AGENCY intends to change the level of fire protection services from that provided by this agreement. If this agreement is executed with less than one year remaining on the term of the agreement, LOCAL AGENCY shall provide this written notice at the time it signs the agreement and the one year notice requirement shall not apply.
B. If LOCAL AGENCY fails to provide the notice, as defined above in (A), STATE shall have the option to extend this agreement for a period of up to one year from the original termination date and to continue providing services at the same or reduced level as STATE determines would be appropriate during the extended period of this agreement. Six months prior to the date of expiration of this agreement, or any extension hereof, STATE shall give written notice to LOCAL AGENCY of any extension of this agreement and any change in the level of fire protection services STATE will provide during the extended period of this agreement.
Services provided and obligations incurred by STATE during an extended period shall be accepted by LOCAL AGENCY as services and obligations under the terms of this agreement.
Item #6.3.
Contractor Name: City of Calistoga
Contract No.: 1CA05785
Page No.: 9
C. The cost of services provided by STATE during the extended period shall be based upon the amounts that would have been charged LOCAL AGENCY during the fiscal year in which the extended period falls had the agreement been extended pursuant hereto. Payment by LOCAL AGENCY for services rendered by STATE during the extended period shall be as provided in Exhibit B, Section 1, B of this agreement.
5. AUDIT: STATE, including the Department of General Services and the Bureau of State Audits, and LOCAL AGENCY agree that their designated representative shall have the right to review and to copy any records and supporting documentation of the other party hereto, pertaining to the performance of this agreement. STATE and LOCAL AGENCY agree to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated, and to allow the auditor(s) of the other party access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. STATE and LOCAL AGENCY agree to a similar right to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).
6. INDEMNIFICATION: Each party, to the extent permitted by law, agrees to indemnify, defend and save harmless the other party, its officers, agents and employees from (1) any and all claims for economic losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers and any other person, firm, or corporation furnishing or supplying work services, materials or supplies to that party and (2) from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by that party, in the performance of any activities of that party under this agreement, except where such injury or damage arose from the sole negligence or willful misconduct attributable to the other party or from acts not within the scope of duties to be performed pursuant to this agreement; and (3) each party shall be responsible for any and all claims that may arise from the behavior and/or performance of its respective employees during and in the course of their employment to this cooperative agreement.
7. DISPUTES: LOCAL AGENCY shall select and appoint a "Contract Administrator" who shall, under the supervision and direction of LOCAL AGENCY, be available for contract resolution or policy intervention with the STATE’s Region Chief when, upon determination by the designated STATE representative, the Unit Chief acting as LOCAL AGENCY’s Fire Chief under this agreement faces a situation in which a decision to serve the interest of LOCAL AGENCY has the potential to conflict with STATE interest or policy. Any dispute concerning a question of fact arising under the terms of this agreement which is not disposed of within a reasonable period of time by the LOCAL AGENCY and STATE employees normally responsible for the administration of this agreement shall be brought to the attention of the CAL FIRE Director or designee and the Chief Executive Officer (or designated representative) of the LOCAL AGENCY for joint resolution. For purposes of this provision, a “reasonable period of time” shall be ten (10) calendar days or less. STATE and LOCAL AGENCY agree to continue with the responsibilities under this Agreement during any dispute.
8. TERMINATION FOR CAUSE/CANCELLATION:
A. If LOCAL AGENCY fails to remit payments in accordance with any part of this agreement, STATE may terminate this agreement and all related services upon 60 days written notice to LOCAL AGENCY. Termination of this agreement does not relieve LOCAL AGENCY from providing STATE full compensation in accordance with terms of this agreement for services actually rendered by STATE pursuant to this agreement.
Item #6.3.
Contractor Name: City of Calistoga
Contract No.: 1CA05785
Page No.: 10
B. This agreement may be cancelled at the option of either STATE or LOCAL AGENCY at any time during its term, with or without cause, on giving one year’s written notice to the other party. Either LOCAL AGENCY or STATE electing to cancel this agreement shall give one year’s written notice to the other party prior to cancellation.
9. INDEPENDENT CONTRACTOR: Unless otherwise provided in this agreement LOCAL AGENCY and the agents and employees of LOCAL AGENCY, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the STATE.
10. NON-DISCRIMINATION CLAUSE: During the performance of this agreement, LOCAL AGENCY shall be an equal opportunity employer and shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS) mental disability, medical condition (e.g.cancer), age (over 40), marital status, denial of family care leave, veteran status, sexual orientation, and sexual identity. LOCAL AGENCY shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. LOCAL AGENCY shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. LOCAL AGENCY shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
In addition, LOCAL AGENCY acknowledges that it has obligations relating to ethics, Equal Employment Opportunity (EEO), the Fire Fighter’s Bill of Rights Act (FFBOR), and the Peace Officer’s Bill of Rights Act (POBOR). LOCAL AGENCY shall ensure that its employees comply with all the legal obligations relating to these areas. LOCAL AGENCY shall ensure that its employees are provided appropriate training.
11. TIMELINESS: Time is of the essence in the performance of this agreement.
12. COMPENSATION: The consideration to be paid STATE, as provided herein, shall be in compensation for all of STATE’s expenses incurred in the performance hereof, including travel, per Diem, and taxes, unless otherwise expressly so provided.
13. GOVERNING LAW: This agreement is governed by and shall be interpreted in accordance with the laws of the State of California.
14. CHILD SUPPORT COMPLIANCE ACT: “For any Agreement in excess of $100,000, the LOCAL AGENCY acknowledges in accordance with Public Contract Code 7110, that:
A. The LOCAL AGENCY recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
B. The LOCAL AGENCY, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.” Item #6.3.
Contractor Name: City of Calistoga
Contract No.: 1CA05785
Page No.: 11
15. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
16. COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY
ACT (HIPAA)
The STATE and LOCAL AGENCY have a responsibility to comply with the provisions of the 1996 Federal Health Insurance Portability and Accountability Act (HIPAA) and the 2001 State Health Insurance Portability and Accountability Implementation Act. HIPAA provisions become applicable once the association and relationships of the health care providers are determined by the LOCAL AGENCY. It is the LOCAL AGENCY’S responsibility to determine their status as a “covered entity” and the relationships of personnel as “health care providers”, “health care clearinghouse”, “hybrid entities”, business associates”, or “trading partners”. STATE personnel assigned to fill the LOCAL AGENCY’S positions within this Agreement, and their supervisors, may fall under the requirements of HIPAA based on the LOCAL AGENCY’S status. It is the LOCAL AGENCY’S responsibility to identify, notify, train, and provide all necessary policy and procedures to the STATE personnel that fall under HIPAA requirements so that they can comply with the required security and privacy standards of the act.
17. LIABILITY INSURANCE
The STATE and LOCAL AGENCY shall each provide proof of insurance in a form acceptable to the other party at no cost one to the other, to cover all services provided and use of local government facilities covered by this agreement. If LOCAL AGENCY is insured and/or self-insured in whole or in part for any losses, LOCAL AGENCY shall provide a completed Certification of Self Insurance (Exhibit D, Schedule E) or certificate of insurance, executed by a duly authorized officer of LOCAL AGENCY. Upon request of LOCAL AGENCY the STATE shall provide a letter from DGS, Office Risk and Insurance Management executed by a duly authorized officer of STATE. If commercially insured in whole or in part, a certificate of such coverage executed by the insurer or its authorized representative shall be provided.
Said commercial insurance or self-insurance coverage of the LOCAL AGENCY shall include the following:
A. Fire protection and emergency services - Any commercial insurance shall provide at least general liability for $5,000,000 combined single limit per occurrence.
B. Dispatch services – Any commercial insurance shall provide at least general liability for $1,000,000 combined single limit per occurrence.
C. The CAL FIRE, State of California, its officers, agents, employees, and servants are included as additional insured’s for purposes of this contract.
D. The STATE shall receive thirty (30) days prior written notice of any cancellation or change to the policy at the addresses listed on page 2 of this agreement.
18. WORKERS COMPENSATION: (only applies where local government employees/volunteers are supervised by CAL FIRE, as listed in Exhibit D Schedule C. STATE contract employees’ workers compensation is included as part of the contract personnel benefit rate).
A. Workers' Compensation and related benefits for those persons, whose use or employment is contemplated herein, shall be provided in the manner prescribed by California Labor Codes, State Interagency Agreements and other related laws, rules, insurance policies, collective bargaining agreements, and memorandums of understanding.
Item #6.3.
Contractor Name: City of Calistoga
Contract No.: 1CA05785
Page No.: 12
B. The STATE Unit Chief administering the organization provided for in this agreement shall not use, dispatch or direct any non STATE employees, on any work which is deemed to be the responsibility of LOCAL AGENCY, unless and until LOCAL AGENCY provides for Workers' Compensation benefits at no cost to STATE. In the event STATE is held liable, in whole or in part, for the payment of any Worker's Compensation claim or award arising from the injury or death of any such worker, LOCAL AGENCY agrees to compensate STATE for the full amount of such liability.
C. The STATE /LOCAL AGENCY shall receive proof of Worker’s Compensation coverage and shall be notified of any cancellation and change of coverage at the addresses listed in Section 1.
19. CONFLICT OF INTEREST: LOCAL AGENCY needs to be aware of the following provisions regarding current or former state employees. If LOCAL AGENCY has any questions on the status of any person rendering services or involved with the Agreement, the STATE must be contacted immediately for clarification.
Current State Employees (Public Contract Code §10410):
1) No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
2) No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.
Former State Employees (Public Contract Code §10411):
1) For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. 2) For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.
If LOCAL AGENCY violates any provisions of above paragraphs, such action by LOCAL AGENCY shall render this Agreement void. (Public Contract Code §10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Public Contract Code §10430 (e))
20. LABOR CODE/WORKERS' COMPENSATION: LOCAL AGENCY needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and LOCAL AGENCY affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)
21. AMERICANS WITH DISABILITIES ACT: LOCAL AGENCY assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis Item #6.3.
Contractor Name: City of Calistoga
Contract No.: 1CA05785
Page No.: 13
of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
22. LOCAL AGENCY NAME CHANGE: An amendment is required to change the LOCAL AGENCY’S name as listed on this Agreement. Upon receipt of legal documentation of the name change the STATE will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.
23. RESOLUTION: A county, city, district, or other local public body must provide the STATE with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.
24. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the LOCAL AGENCY shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
25. AFFIRMATIVE ACTION. STATE certifies its compliance with applicable federal and State hiring requirements for persons with disabilities, and is deemed by LOCAL AGENCY to be in compliance with the provisions of LOCAL AGENCY’S Affirmative Action Program for Vendors.
26. DRUG AND ALCOHOL-FREE WORKPLACE. As a material condition of this Agreement, STATE agrees that it and its employees, while performing service for LOCAL AGENCY, on LOCAL AGENCY property, or while using LOCAL AGENCY equipment, shall comply with STATE’s Employee Rules of Conduct as they relate to the possession, use, or consumption of drugs and alcohol.
27. ZERO TOLERANCE FOR FRAUDULENT CONDUCT IN LOCAL AGENCY SERVICES.
STATE shall comply with any applicable “Zero Tolerance for Fraudulent Conduct in LOCAL AGENCY Services.” There shall be “Zero Tolerance” for fraud committed by contractors in the administration of LOCAL AGENCY programs and the provision of LOCAL AGENCY services.
Upon proven instances of fraud committed by the STATE in connection with performance under the Agreement, the Agreement may be terminated consistent with the termination for cause/cancellation term, Exhibit C, section 8, subsection B, of Cooperative Fire Programs Fire Protection Reimbursement Agreement, LG-1, between the California Department of Forestry and Fire Protection (CAL FIRE) and the LOCAL AGENCY.
28. CONFIDENTIAL INFORMATION. “Confidential information” means information designated by CAL FIRE and/or the LOCAL AGENCY disclosure of which is restricted, prohibited or privileged by State and federal law. Confidential Information includes, but is not limited to, information exempt from disclosure under the California Public Records Act (Government Code Sections 6250 et seq.) Confidential Information includes but is not limited to all records as defined in Government Code section 6252 as well as verbal communication of Confidential Information.
Any exchange of Confidential Information between parties shall not constitute a “waiver” of any exemption pursuant to Government Code section 6254.5
CAL FIRE and LOCAL AGENCY personnel allowed access to information designated as Confidential Information shall be limited to those persons with a demonstrable business need for such access. CAL FIRE and LOCAL AGENCY agree to provide a list of authorized personnel in writing as required by Government Code section 6254.5(e). CAL FIRE and the LOCAL Item #6.3.
Contractor Name: City of Calistoga
Contract No.: 1CA05785
Page No.: 14
AGENCY agree to take all necessary measures to protect Confidential Information and shall impose all the requirements of this Agreement on all of their respective officers, employees and agents with regards to access to the Confidential Information. A Party to this Contract who experiences a security breach involving Confidential Information covered by this Contract, agrees to promptly notify the other Party of such breach
29. ENTIRE AGREEMENT: This agreement contains the whole agreement between the Parties. It cancels and supersedes any previous agreement for the same or similar services.
Item #6.3.
Contractor Name: City of Calistoga
Contract No.: 1CA05785
Page No.: 15
EXHIBIT D
ADDITIONAL PROVISIONS
EXCISE TAX: State of California is exempt from federal excise taxes, and no payment will be made for any taxes levied on employees' wages. STATE will pay any applicable State of California or local sales or use taxes on the services rendered or equipment or parts supplied pursuant to this agreement. The STATE may pay any applicable sales and use tax imposed by another state.
Schedules
The following Schedules are included as part of this agreement (check boxes if they apply):
A. Fiscal Display, PRC 4142 AND/OR PRC 4144 - STATE provided LOCAL AGENCY funded fire protection services. STATE-owned vehicles shall be operated and maintained in accordance with policies of STATE at rates listed in Exhibit D, Schedule A.
B. STATE Funded Resource - A listing of personnel, crews and major facilities of the STATE overlapping or adjacent to the local agency area that may form a reciprocal part of this agreement.
C. LOCAL AGENCY Provided Local Funded Resources - A listing of services, personnel, equipment and expenses, which are paid directly by the local agency, but which are under the supervision of the Unit Chief.
D. LOCAL AGENCY Owned STATE Maintained Vehicles - Vehicle information pertaining to maintenance responsibilities and procedures for local agency-owned vehicles that may be a part of the agreement.
LOCAL AGENCY-owned firefighting vehicles shall meet and be maintained to meet minimum safety standards set forth in Title 49, Code of Federal Regulations; and Titles 8 and 13, California Code of Regulations.
LOCAL AGENCY-owned vehicles that are furnished to the STATE shall be maintained and operated in accordance to LOCAL AGENCY policies. In the event LOCAL AGENCY does not have such policies, LOCAL AGENCY-owned vehicles shall be maintained and operated in accordance with STATE policies. The cost of said vehicle maintenance and operation shall be at actual cost or at rates listed in Exhibit D, Schedule D.
Exhibit D, Schedule D is incorporated into this section if LOCAL AGENCY-owned vehicles listed in Exhibit D, Schedule D are to be operated, maintained, and repaired by STATE.
LOCAL AGENCY assumes full responsibility for all liabilities associated therewith in accordance with California Vehicle Code Sections 17000, 17001 et seq. STATE employees operating LOCAL AGENCY-owned vehicles shall be deemed employees of LOCAL AGENCY, as defined in Vehicle Code Section 17000. Except where LOCAL AGENCY would have no duty to indemnify STATE under Exhibit C, Section 6 for all LOCAL AGENCY-owned vehicles operated or used by employees of STATE under this agreement.
Item #6.3.
Contractor Name: City of Calistoga
Contract No.: 1CA05785
Page No.: 16
LOCAL AGENCY employees, who are under the supervision of the Unit Chief and operating STATE-owned motor vehicles, as a part of the duties and in connection with fire protection and other emergency services, shall be deemed employees of STATE, as defined in Vehicle Code Section 17000 for acts or omissions in the use of such vehicles. Except where STATE would have no duty to indemnify LOCAL AGENCY under Exhibit C, Section 6.
E. Certification of Insurance - Provider Insurance Certification and/or proof of selfinsurance.
Item #6.3.
Unit: LNU
Agreement Total $244,247 1CA05785
PS 1 Total $73,767 PS 1 Total $77,455 PS 1 Total $81,328 OE 1 Total $3,710 OE 1 Total $3,896 OE 1 Total $4,091
TOTAL $77,477 TOTAL $81,351 TOTAL $85,419
Fiscal Year 22/23
Contract Name: City of Calistoga
Contract No.:
Page No.: 17
Fiscal Year 23/24 (+5%) Fiscal Year 24/25 (+5%)
Item #6.3.
Fiscal Year: 2022 Sub Total $65,858
Index: 1400 Unit: LNU Admin $7,909
PCA 17301 Total $73,767 1CA05785
PRC: 4142
Comments Overtime Total: $3,044
Number of
Positions Classification/ad-ons (Pick From List) RET. Period Salary Months Salary
Rate Total Salary EDWC Rate EDWC Periods Total EDWC Salary Benefits FFI UI EDWC Benefits Total Salary &
EDWC
Total Position
Cost
1 Communications Operator, Range B SAF 6 $6,389 $38,334 $0 0 $0 $24,480 $0 $0 $62,814 $65,858 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
Overtime SAF $3,000 $0 $44 $0 $3,044
$0 $0 $0 0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
Overtime $0 $0 $0 $0
$0 $0 $0 0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
Overtime $0 $0 $0 $0
$0 $0 $0 0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
Overtime $0 $0 $0 $0
$0 $0 $0 0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
Overtime $0 $0 $0 $0
$0 $0 $0 0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
Overtime $0 $0 $0 $0
$0 $0 $0 0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
Overtime $0 $0 $0 $0
This is a Schedule A - 4142 of the Cooperative Agreement, dated July 1, 2022 between City of Calistoga and The California Department of Forestry and Fire Protection (CAL FIRE) Contract Name: City of Calistoga
Contract No.:
Page No.: 18
CAL FIRE Unit Chief
CAL FIRE Region Chief
Mike Marcucci
George Morris III
Item #6.3.
Fiscal Year: 2022 $0
Index: 1400 $3,313
PCA: 17301 $398
PRC: 4142 $3,710 19
Comments
1.45%
Category (Pick from List) Details Number Months Rate Sub-Total Uniform Benefits Total UNIFORM ALLOWANCE FOR COMM OP 1.00 3.00 $104 313 $ 0 $ 313 UTILITIES 1.00 12.00 $150 1,800 $ 0 $ 1,800
GENERAL EXPENSE 1.00 12.00 $100 1,200 $ 0 $ 1,200
$ 0 - - $
$ 0 - - $
$ 0 - - $
$ 0 - - $
$ 0 - - $
$ 0 - - $
$ 0 - - $
$ 0 - - $
$ 0 - - $
$ 0 - - $
$ 0 - - $
$ 0 - - $
$ 0 - - $
$ 0 - - $
$ 0 - - $
$ 0 - - $
$ 0 - - $
$ 0 - - $
$ 0 - - $
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
1CA05785
City of Calistoga
Total Page No.:
This is a Schedule A - 4142 of the Cooperative Agreement, dated July 1, 2022 between City of Calistoga and The California Department of Forestry and Fire Protection (CAL FIRE) Uniform Benefits Contract Name:
Sub Total
Admin Contract No.:
Item #6.3.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Gloria Leon, Administrative Services Director
Meeting: City Council - May 17 2022
Subject: Revision to Memorandum of Understanding for Calistoga Police Officers Association
DESCRIPTION:
Adopt Resolution revising the one-year Memorandum of Understanding for the period of January 1, 2022, through December 31, 2022, between the City of Calistoga and the Calistoga Police Officers Association and authorize the City Manager to execute the Memorandum of Understanding.
RECOMMENDATION:
To consider a Resolution revising the one-year memorandum of understanding (MOU) between the City of Calistoga and Calistoga Police Officers Association, authorizing the City Manager to execute the revised MOU, and adoption of a new resolution to revise Article 20, Item E only.
BACKGROUND/SUMMARY:
On February 1, 2022, the one-year MOU between the City of Calistoga and the Calistoga Police Officers Association was approved by the City Council through Resolution 2022-005. It was brought to the attention of City staff that Article 20, Special Compensation Item E had incorrect information as was agreed by both parties. The adopted MOU currently reads as follows:
Article 20 – Special Compensation
4E. Any employee who has received a subpoena to appear in court and is cancelled for such appearance with less than twenty-four (24) hours advance notice shall receive a minimum of two (2) hours pay at her/his hourly base rate.
City staff has reviewed the tentative agreement and Article 20 should read as follows:
Article 20 – Special Compensation
4E. Any employee who has received a subpoena to appear in court and is cancelled for such appearance with less than twenty-four (24) hours forty-eight (48) hours advance notice shall receive a minimum of two (2) hours pay at her/his hourly base rate.
All other items and conditions of employment that are included in the parties’ Memorandum of Understanding (MOU) in effect from January 1, 2022, through December 31, 2022, shall continue to remain in effect and unchanged during the term of this MOU.
CEQA STATUS:
Item #6.4.
Not subject to CEQA
FINANCIAL IMPACT:
The fiscal impact of the revised Memorandum of Understanding change is minimal and will only occur when there are court cancellations.
ATTACHMENT(S):
Revised CPOA MOU 010122 to 123122 Reso 051722
CPOA MOU Revised 051722
2022-005 CPOA MOU 1.01.22 to 12.31.22
APPROVAL(S):
Gloria Leon, Administrative Services Director Approved - May 10 2022 Laura Snideman, City Manager Approved - May 10 2022
Marni Rittburg, City Clerk Approved - May 10 2022
Item #6.4.
RESOLUTION NO. 2022-XXX
RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF CALISTOGA, COUNTY OF
NAPA, STATE OF CALIFORNIA, REVISING THE ONE- YEAR MEMORANDUM OF
UNDERSTANDING WITH THE CALISTOGA POLICE OFFICERS ASSOCIATION, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE REVISED MEMORANDUM OF
UNDERSTANDING
WHEREAS, pursuant to provisions of the California State Government Code certain employees in specific positions of the City of Calistoga have organized themselves into a bargaining unit; and
WHEREAS, the employees in specified positions are recognized as the Calistoga Police Officers Association (CPOA); and
WHEREAS, the City of Calistoga has negotiated with the CPOA in the past to establish a Memorandum of Understanding agreement (MOU) to outline benefits and compensation for positions that are part of CPOA; and
WHEREAS, the existing MOU adopted on February 1,2022 through Resolution 2022-005 had incorrect information on Article 20, Special Compensation, Item E; and WHEREAS, Article 20, Special Compensation, Item E should read as follows: Any employee who has received a subpoena to appear in court and is cancelled for such appearance with less than forty-eight (48) hours advance notice shall receive a minimum of two (2) hours pay at her/his hourly base rate; and
WHEREAS, the City Council and representatives of the CPOA have agreed in principle to the terms of the revised MOU;
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Calistoga hereby approves the Revised Memorandum of Understanding between the City of Calistoga and Calistoga Police Officers Association for a period from January 1, 2022, through December 31, 2022, shown as Attachment 1 to this resolution and authorizes the City Manager to execute the Memorandum of Understanding agreement; and ATTACHMENT 1
Item #6.4.
Memoranda of Understanding/ CPOA
June 7, 2022
PASSED, APPROVED AND ADOPTED this 7th day of June 2022. I, MARNI RITTBURG, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
__________________________ __________________________
Marni Rittburg, CMC, City Clerk Chris Canning, Mayor
Item #6.4.
Memorandum of Understanding
Between
City of Calistoga
And
Calistoga Police Officers
Association
January 1, 2022 to December 31, 2022
Adopted February 1, 2022 Resolution No. 2022-xxxx
2022 MOU City of Calistoga/CPOA
ATTACHMENT 1 Item #6.4.
CPOA 2022 MOU
2 TABLE OF CONTENTS
Article 1 City Rights 3
Article 2 Employee Rights 4
Article 3 Recognition 5
Article 4 Access of Facilities 5
Article 5 Dues 5
Article 6 No Discrimination 5
Article 7 Term 6
Article 8 Grievance Procedures 6
Article 9 Probationary Period 6
Article 10 Sick Leave 7
Article 11 Disabled Pregnancy Leave 7
Article 12 Vacation Leave 7
Article 13 Holidays 8
Article 14 Salary on Reduction Promotion 8
Article 15 Wages and Benefits 8
Article 16 Uniforms and Equipment 10
Article 17 Field Training Officers 11
Article 18 Retirement 11
Article 19 Work Schedule 13
Article 20 Special Compensation 13
Article 21 Definitions 14
Article 22 Differential Pay & Bilingual Pay 15
Article 23 Educational Incentive 15
Article 24 Life Insurance 16
Article 25 Longevity Pay 16
Article 26 Military Leave 17
Article 27 Medical Examinations 17
Article 28 Provisions of Law 17
Article 29 No Strike 18
Article 30 Layoff 18
Article 31 Personnel Rules and Regulations 18
Article 32 Successor MOU 18
Article 33 Unauthorized Leave 18
Article 34 Full Understanding, Modification and
Waiver
18 Appendix A Salary Schedule 20
Item #6.4.
CPOA 2022 MOU
3 MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF CALISTOGA
AND
CALISTOGA POLICE OFFICERS ASSOCIATION
This Memorandum of Understanding (MOU) is made and entered into between the CITY OF CALISTOGA, hereinafter referred to as CITY and CALISTOGA POLICE OFFICERS ASSOCIATION, hereinafter referred to as ASSOCIATION, a formally recognized employee organization pursuant to the provision of the Meyers-Milias-Brown Act (Government Code Section 3500 et seq.).
The parties agree that this Memorandum of Understanding shall be submitted to the City Council of the City of Calistoga with the joint recommendation of the designated representatives of the parties that the City Council resolve to adopt its terms and conditions and take such other and additional action as may be necessary to implement its provisions.
CITY agrees to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with ASSOCIATION, and shall consider fully such presentations as are made by ASSOCIATION on behalf of its members prior to arriving at a determination of policy or course of action.
The parties have met and conferred in good faith through their designated representatives concerning those matters set forth in Government Code Section 3504 and have reached an agreement thereon as set forth below.
The parties agree as follows:
Article 1 -City Rights
A. Except as limited by the specific and express terms of the Agreement, CITY hereby retains and reserves unto itself all rights, powers authority, duty and responsibilities confirmed on and vested in it by the laws and the Constitution of the State of California, the Municipal Code of the City of Calistoga, and/or the laws and Constitute of the United States of America.
B. Regardless of any provision contained in the MOU or which may be implied from this MOU, CITY shall retain and shall have the right to exercise the following exclusive rights, which include but are not limited to the following:
1. the right to hire and fire;
Item #6.4.
CPOA 2022 MOU
4 2. the right to determine the mission of its constituent departments, divisions or commissions, and boards;
3. the right to set standards of service and municipal fees and charges;
4. the right to determine the procedures and standards of selection for employment, assignment, transfer and promotion of applicants and employees, provided in the case of employees that the exercise of such right shall not infringe on any rights employee has under this MOU;
5. the right to direct its employees;
6. the right to discharge or suspend employees for just cause and take other disciplinary actions against its employees as set forth herein;
7. the right to relieve its employees from duty because of lack of work or other legitimate reasons;
8. the right to maintain the efficiency of governmental operations;
9. the right to determine the methods, means and personnel by which governmental operations are to be conducted;
10. the right to determine and re-determine job content and job classifications;
11. the right to contract out any work which is now being performed by employees of the CITY or which shall be performed in the future by employees of CITY, provided this only occurs in those situations where the tasks cannot be accomplished by current association members as efficiently, economically, and expediently as can be achieved by such contracting out, provided that CITY shall make every reasonable effort to place service requiring similar skills as the work performed by the employee when displaced by the contracting out and which requires minimal training to afford the employee opportunity to adequately perform the new position;
12. the right to take all necessary actions to carry out the mission of the CITY, its constituent departments, divisions, or commissions and boards in cases of emergencies; and
13. the right to exercise complete control and discretion over its organization and the technology of performing its work.
Article 2- Employee Rights
Employees of the CITY shall have the right to form, join and participate in the activities of an employee organization of their own choosing for the purpose of representation on matters of employer-employee relations including, but not limited to wages, hours, and other terms and conditions of employment.
Employees of CITY shall also have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the CITY. Should any Item #6.4.
CPOA 2022 MOU
5 employee exercise that right, the employee organization shall be given advance notification prior to the implementation of the results of such self-representation.
Article 3- Recognition
A. CITY recognizes the ASSOCIATION as the exclusive representative on behalf of employees occupying the full-time job classifications of:
Police Officer
Police Corporal
Police Sergeant
Community Service Officer
Police Dispatcher
Police Dispatch Supervisor
B. Such representation being subject to and qualified by employee rights under applicable local, State and Federal law to be represented by the organization of their choice.
Article 4- Access of Facilities
A. All ASSOCIATION business will be conducted by employees and ASSOCIATION representatives outside of established working hours, and CITY facilities will not be used for the conduct of ASSOCIATION business, unless permission is granted therefore in writing. Nothing herein shall be construed to prevent an ASSOCIATION representative or an employee from contacting the City Manager or other management representatives regarding personnel related matters during working hours.
B. The authorized ASSOCIATION Business Agent shall be given access to work locations during working hours, provided that prior to visiting any work location the ASSOCIATION representative notifies the CITY.
Article 5- Dues
The CITY shall deduct Association dues from employee's pay in conformity with State and City regulations. CITY shall pay over to ASSOCIATION all sums so deducted on account of such dues. ASSOCIATION shall provide CITY with authorization for such deductions, and said authorizations shall clearly state the terms and conditions for implementation of deductions and conditions for cancellation of deductions.
Article 6- No Discrimination
There shall be no discrimination based on race, creed, color, national origin, sex, ancestry, marital status, pregnancy, sexual orientation, or legitimate union Item #6.4.
CPOA 2022 MOU
6 activities against any employee or applicant for employment by the ASSOCIATION or by the CITY or by anyone employed by the CITY; to the extent prohibited by applicable State and Federal law, there shall be no discrimination because of age. There shall be no discrimination against any disabled person solely because of such disability, however the disabled person must be able to perform the essential functions established for the classification.
Article 7- Term
This MOU becomes effective upon ratification by the City Council and shall remain in force and effect from January 1, 2022, through December 31, 2022.
Article 8- Grievance Procedures
Please see Police Department Policy and Procedure Manual Section 1006.
Article 9- Probationary Period
A. The probationary period is part of the examination process. It is a work test period during which the employee's performance and conduct on the job are evaluated to determine whether or not the employee is fully qualified for permanent appointment.
B. During the probationary period, a probationer may be released, or demoted if permanent status is held in a lower classification, without the right of appeal.
C. All employees who are not currently employed in a permanent position shall be on probation for one (1) year following employee's successful completion of a POST-accredited police officer academy, before attaining permanent status. All employees who are not currently employed in a permanent position who have successfully completed the POSTaccredited police officer academy and received certification thereof, prior to date of hire, shall serve a probationary period of one (1) year before attaining permanent status. All employees hired as full-time dispatchers shall be on probation for one (1) year starting on the date of full-time hire.
D. The granting of any leave of absence without pay exceeding five (5) consecutive calendar days shall cause such employee's probationary period to be extended by the number of calendar day(s) for which such leave of absence has been granted, and shall require adjustment of such employee's anniversary date, pursuant to the formula set forth hereinabove.
Item #6.4.
CPOA 2022 MOU
7 Article 10- Sick Leave
Please see Section 10.2 of the CITY's Personnel Rules and Regulations.
Article 11- Disabled Pregnancy Leave
Please see Section 10.06 of the CITY's Personnel Rules and Regulations.
Article 12- Vacation Leave
A. Every full-time regular employee represented by this MOU shall accumulate vacation based on year of service as follows:
Year 1 through Year 3 - 80 hours annually
Beginning Year 4 through Year 6 - 100 hours annually
Beginning Year 7 through and up - 160 hours annually
B. Employees shall not earn vacation once their accrued vacation balance has reached 480 hours. An extension of vacation limits may be granted by the City Manager. The CITY encourages employees to use vacation annually.
C. No employee shall be permitted to work for compensation for CITY in any capacity during the time of his/her paid vacation from CITY service, upon termination, vacation used shall be pro-rated against vacation earned.
D. Every CITY employee who leaves CITY employment, unless discharged from CITY service during probation, shall be granted the use of all accumulated vacation or shall be paid at the current rate of compensation applicable at the time of separation. Because employees seldom terminate on the final day of a month, the following method will provide for equitable payment of vacation earned during the month of termination. If an employee terminates on a day falling on the first through the fifteenth day of a month, the employee shall receive credit for one- half the month's accrual; if an employee terminates on a day falling on the sixteenth through thirty-first day of the month, the employee shall receive full credit of the vacation accrual for the month.
E. Employee requests for vacation leave shall be submitted to their supervisor or the Chief of Police at least thirty (30) days in advance of the starting day of requested leave.
Item #6.4.
CPOA 2022 MOU
8 Article 13- Holidays
A. The following holidays are recognized by the City as the holidays the employees are entitled to be compensated for, pursuant to PERS rules, to make them persable compensation for retirement purposes. Each day is valued at 12 hours or the assigned shift hours depending on the employee’s schedule.
New Year's Day January 1
Martin Luther King's Birthday 3rd Monday in January
President's Day 3rd Monday in February
Memorial Day Last Monday in May
Juneteenth June 19
Independence Day July 4
Labor Day 1st Monday in September
Admission’s Day September 9
Veteran's Day November 11
Thanksgiving Day 4th Thursday in November
Day after Thanksgiving Friday after Thanksgiving
Christmas Eve December 24
Christmas Day December 25
B. If an employee is scheduled to work a normal workday on a recognized holiday, the employee shall receive one and one-half (1.5) times the hours of assigned shift at straight time pay or one and one-half (1.5) times the hours of assigned shift of compensatory time off. It will be the employee's option to receive pay or compensatory time off.
Article 14- Salary on Reduction/Demotion
Any employee who is demoted to a position in a class having a salary range lower than the class or position from which he/she was demoted from shall have his/her salary reduced to the monthly salary next lower than the salary he/she received before the demotion. In such cases, the employee shall retain the same anniversary date.
Article 15- Wages and Benefits
A. Monthly salaries shall be provided for the employee classifications in accordance with the salary schedule in Appendix A.
Effective January 1, 2022 all bargaining unit salaries shall be increased by five percent (5%) as shown in Appendix A.
B. Medical, Vision and Dental Benefits
Regular or probationary full-time employees are members of the Public Employees Medical and Hospital Care Act ("PERS Health") insurance program. The CITY's monthly contribution to provide health insurance Item #6.4.
CPOA 2022 MOU
9 benefits for the individual employee and the employee's eligible dependents shall be the minimum payment required by the Public Employees Medical and Hospital Care Act.
1. In addition, effective January 1, 2022, the CITY shall contribute the entire cost of the following insurances, except for employee contributions below:
a. 10% of the Dental Plan monthly premium amount, paid
through a payroll deduction.
b. 10% of the Medical Plan monthly premium amount for
any eligible CalPERS medical plan, paid through a
payroll deduction.
c. 10% of the Vision Plan monthly premium amount, paid
through a payroll deduction, effective March 1, 2022.
Enrollment is mandatory for all employees.
An employee may use any contributions to a Section 125 Plan toward the cost of employer-provided PERS Medical health insurance, Vision insurance and Dental insurance for the employee and eligible dependents. An employee may not use funds for other reasons.
2. Share the Savings Program –
The CITY shall provide three hundred dollars ($300.00) per month to any employee who meets the following criteria:
a. Declines the CITY sponsored Medical Coverage
b. Provide the CITY with acceptable evidence of Medical Insurance from an alternative provider.
c. An employee may accept or decline dental coverage
without affecting the Share the Savings Program.
C. Affordable Care Act
At such time as regulations are issued implementing the Affordable Care Act (“ACA”), the City and the CPOA will meet to discuss the impact, if any of such regulations on any benefit plans offered by the City. If modifications to the benefits, eligibility for coverage, employer or employee contribution to the cost of insurance or any other provisions of the benefit plans covered by this MOU will be modified by the ACA during the term of this agreement, it is agreed that the City and the CPOA will reopen the contract to meet and confer and determine how such mandated changes will be implemented.
Item #6.4.
CPOA 2022 MOU
10 Article 16- Uniforms and Equipment
A. Uniform and Equipment Issuance:
1. At initial full-time employment Community Service Officer, Police Dispatchers, Dispatch Supervisors, Police Officers, Police Corporals and Police Sergeants shall be issued, at the CITY's expense, the following items:
3 shirts with patches
3 trousers/skirts
1 tie
1 tie bar
1 pair uniform shoes
1 belt, trouser type
The City will pay each year a stipend for cleaning and purchase of the uniform and equipment items listed above to employees in each of the listed positions by the first pay period in July, as follows: sworn officers: $ 900 and Community Service Officer, Dispatchers and Dispatch Supervisor: $ 600. However, new employees shall only receive the July stipend on a pro rata basis from the date of hire to the end of the fiscal year. Subsequently, they are entitled to the same stipend on a full annual basis as other employees.
2. All full-time Police Officers, Police Corporals and Police Sergeants shall be issued, at CITY's expense, the following:
Sam Browne belt
4 Keeper straps
Baton
Baton ring
Handcuffs with case
Duty handgun with holster
Ammunition pouch
Protective vest*
*Any vest issued will be considered having a life of five (5) years.
B. For employees hired before January 1, 2013, the CITY shall report the value of uniform cleaning and replacement to PERS as follows:
Sworn Officers $900 per year
Dispatchers and Dispatch Supervisor $600 per year
Community Service Officer $600 per year
Item #6.4.
CPOA 2022 MOU
11 Article 17- Field Training Officers
A. Field Training Officers (FTO's) will receive $25.00 per shift while assigned to training an officer.
B. Training dispatchers will receive $25.00 per shift while assigned to training duties.
Article 18- Retirement
A. Employees Hired Before May 1, 2012
For employees hired before May 1, 2012 only, the CITY shall provide all current Police Officers, Police Corporals, and Sergeants with retirement coverage through the Public Employees’ Retirement System (PERS) under 3% at 55 Local Safety plan. CITY shall provide all current Dispatchers and Dispatch Supervisor with retirement coverage through the Public Employees’ Retirement System (PERS) under the 2.5% at 55 miscellaneous plans. Additional PERS Retirement Benefits for employees hired before May 1, 2012 are as follows:
1. Credit for unused Sick Leave (Government Code Section 20965), and
2. Single Highest Year (Government Code Section 20042).
B. Employees Hired On Or After May 1, 2012 And Before January 1, 2013, Or Employees Who Qualify For Pension Reciprocity
For employees hired on or after May 1, 2012, and before January 1, 2013, as well as for employees who qualify for pension reciprocity pursuant to Government Code Section 7522.02 (c) and any related reciprocity requirements established by PERS, the City shall provide retirement coverage through the PERS retirement formula under Government Code Section 21369 (2% @ 55) for Safety employees and Government Code Section 21353 (2% @ 60) for Non-Safety employees. These formulas shall be based upon a 3-year average salary. The City also shall provide credit for unused sick leave pursuant to Government Code Section 20965.
C. Employees Hired On Or After January 1, 2013
For employees hired on or after January 1, 2013 who do not qualify for pension reciprocity pursuant to Government Code Section 7522.02 (c), the City shall provide retirement coverage through the PERS retirement formula under Government Code Section 7522.25 (b) (the Basic Safety Plan – 2% @ 57) for Safety employees and through the PERS retirement formula under Government Code Section 7522.20 (2% @ 62) for NonItem #6.4.
CPOA 2022 MOU
12 Safety employees. These formulas shall be based upon a 3-year average salary. The City also shall provide credit for unused sick leave pursuant to Government Code Section 20965.
D. Employee Contributions
All employees shall pay the full employees’ share of Public Employees’ Retirement employee contribution as determined by PERS; the City shall not pick up any portion of the required employee contribution.
E. 401 (a) Money Purchase Plan – City Contribution to Regular Full-Time PEPRA and Regular Full-Time Classic Tier II Sworn Safety Employees Effective July 1, 2021, the City shall make a five percent (5%) of pre-tax base salary contribution to each regular full-time PEPRA and regular full-time Classic Tier II sworn safety employee’s Calistoga 401(a) Money Purchase Plan account, up to the annual limit under IRC §415(c), which is equal to the lesser of (i) one hundred percent (100%) of each regular full-time PEPRA and regular full-time Classic Tier II safety employee’s IRC §415 compensation or (ii) the dollar limit in effect for the year. The dollar limit for 2021 is $58,000 and $61,000 for 2022.
These contribution limits may adjust annually.
1. These contribution limits are inclusive of the contributions of City, which also includes contributions of City and employee to any other 401(a) accounts the regular full-time PEPRA and regular full-time Classic Tier II sworn safety employee holds with City or any other entities related to the City that meet the controlled group rules under IRC §414(b), the common control rules under IRC §414(c), or the affiliated service group rules under IRC §414(m) as set forth in the Internal Revenue Code.
The City’s contribution to each regular full-time PEPRA and regular fulltime Classic Tier II sworn safety employee’s Calistoga 401(a) Money Purchase Plan account will be retroactive to July 1, 2021.
3. No interest will be paid on the retroactive contribution.
4. Because the City contribution is derived from base salary, the City’s dollar contribution to each regular full-time PEPRA and regular full-time Classic Tier II sworn safety employee’s Calistoga 401(a) Money Purchase Plan account shall increase with any increase to the regular full-time PEPRA and regular fulltime Classic Tier II sworn safety employee’s base salary, subject to the contribution limits set forth above.
5. In no event will the City contribution exceed 5% of the full-time time PEPRA or regular full-time Classic Tier II sworn safety employee’s pre-tax base salary.
Item #6.4.
CPOA 2022 MOU
13 6. No employee contribution will be permitted to the employee’s Calistoga 401(a) Money Purchase Plan account.
Article 19- Work Schedule
A. Work Period: The work period for full-time personnel will be defined by the FSLA public safety definition, recognized to cover employees who will work 171 hours in a 28 day period. The shift hours for employees presently consists of twelve (12) hours of work inclusive of a thirty (30) minute lunch break and two (2) fifteen (15) minute rest periods for employee classifications in this agreement. The CITY may explore alternate schedules to meet the operating needs of the Department.
B. Normal Work Day: As assigned by the Chief of Police, either twelve (12) consecutive hours of work in a twenty-four hour period; ten (10) consecutive hours of work in a twenty-four (24) hour period; or eight (8) consecutive hours of work in a twenty-four (24) hour period. The definition of workday for the purposes of computing accumulation of use of sick or vacation, is eight (8) hours.
C. Work Shift: Specific time during a twenty-four (24) hour period at which an employee's normal work day regularly begins and ends, to be established by the Chief of Police.
D. Work Schedule: Specifically named days of the week which comprise an employees' normal workweek, to be established by the Chief of Police.
E. Employment other than that employment pursuant to this MOU shall be restricted according to law.
Article 20- Special Compensation
A. Should the CITY call back or recall any full-time employee after his/her normal working hours or assigned schedule to perform work, CITY shall pay said employee applicable time at one and one-half (1 1/2) for all hours actually worked, but in no event shall employee receive less than a minimum of two (2) hours, regardless of time actually worked as a result of being called back to perform services for the CITY.
B. Should the City or other entity require an employee to be subject to court time or court standby time during a time other than the employee’s assigned work shift schedule said employee’s applicable time will be paid at the rate of one and one-half (1 ½) for all hours actually worked.
Employee shall be allowed travel time, to court from home or station, whichever is closer in addition to the amount of time spent in the court time appearance. In no event shall employee receive less than a Item #6.4.
CPOA 2022 MOU
14 minimum payment of three (3) hours, regardless of time actually worked as a result of being in court. Court standby time shall be limited to a maximum of four hours of pay per day.
C. All overtime, extended shift work, special detail work, training, authorized training, in excess of the established maximum hours in a work period as defined by the Fair Labor Standards Act shall be compensated by payment at the rate of one and one-half (1 ½) times the applicable hourly base rate of pay of the employee, or at the determination of the employee by compensatory time off.
D. For non-court regular standby, employees shall be afforded one hours pay for every eight hours on standby.
E. Any employee who has received a subpoena to appear in court or DMV Hearings and is cancelled for such appearance with less than forty-eight (48) hours advance notice shall receive a minimum of two (2) hours pay at her/his hourly base rate.
Article 21- Definitions
A. Overtime: Overtime for employees on a forty (40) hour work week schedule is authorized time worked in excess of forty (40) hours in a work week. Overtime for employees on twelve hour shifts is authorized time worked in excess of 171 hours in a 28 day period. Such overtime shall exclude shift changes.
B. Recall Work/Call Back: Work performed by off-duty employee ordered to work.
C. Extended Shift Work: Time worked by employees beyond their normal assigned work shift.
D. Special Detail Work: Work performed by an employee during off-duty hours involving duty at parades and other public or civic events, or a private contract employment when assigned by the Chief of Police.
E. Training: Time spent by employees during off-duty hours attending required training.
F. Authorized Training: Training authorized by the Chief of Police, which is not required.
Item #6.4.
CPOA 2022 MOU
15 G. Court Time: Time required of an employee in attendance at court in response to a subpoena, a coroner's inquest, a hearing, or trial in a civil or criminal case, during a time other than the employee's assigned work shift schedule, for the purpose of testifying respecting knowledge acquired or claimed to have been acquired by such employee in the course of employment with CITY.
H. Court Standby Time: Time required by an off-duty employee, authorized to the tribunal ordering the appearance, to remain available at a location other than the location specified in the Subpoena.
I. Employee(s): Full-time positions of Police Officers, Police Corporals, Sergeants, Community Service Officer, Dispatcher, and Dispatch Supervisor.
J. Sworn Personnel: Employees who are Peace Officers in accordance with Penal Code Section 830.1.
K. Regular Standby: Employees placed on standby in appropriate circumstances when an employee is scheduled for, in an emergency or natural disaster.
L. Compensating Time Off: Please see Section 9.02 C of the CITY's Personnel Rules and Regulations.
Article 22- Differential and Bilingual Pay
A. Employees who work a shift which consists of one-half (1/2) the hours actually worked between 12:00 midnight and 8:00 a.m. shall receive a four per cent (4%) of base salary graveyard differential for such shift actually worked.
B. Employees who work the shift described in Section A of this article in excess of eight (8) consecutive months shall receive an additional two percent (2%) for a total of six percent (6%) of base salary graveyard differential for such shift actually worked.
E. Employees who qualify shall receive five per cent (5%) of base salary as bilingual differential. An employee shall be deemed qualified who is determined by the CITY to be fluent in a language or enrolled in a class to learn that language. The CITY shall consult with the ASSOCIATION prior to establishing fluency standards.
Article 23- Educational Incentive
A. As an incentive to recruit and/or retain employees who have pursued and completed higher education and professional training referenced herein, CITY shall pay:
Item #6.4.
CPOA 2022 MOU
16 1. To all full-time employees in the classifications of Police Officer, Police Corporal and Police Sergeant that possess the following:
a. POST Intermediate Certificate, an Associate Degree or 60 units of college credit an additional two and one half
percent (2.5%) of base salary.
b. POST Advanced Certificate, a Bachelor Degree or 120
units of college credit an additional two and one half
percent (2.5%) of base salary.
2. To all full-time employees in the classifications of Community Service Officer, Police Dispatcher or Police Dispatch Supervisor that possess the following:
a. POST Complaint Dispatch Certificate an additional two and one half percent (2.5%) of base salary.
b. POST Public Safety Dispatcher Certificate, a Bachelor Degree or 120 units of college credit, an additional two and one half percent (2.5%) of base salary.
B. In no case shall an employee receive more than five percent (5%) of base salary for educational incentive.
C. Current employees and new hires must have a degree that is field related.
In order to be a qualifying educational degree, an Associates, Bachelor’s or Master’s degree must be related to the work of the employee’s position, career development or occupation in such fashion as will offer substantial benefit to the City and must have been conferred by a college or university accredited by the Western Association of Schools and Colleges or by a national accreditation agency.
Article 24- Life Insurance
A. CITY shall provide life insurance coverage for each employee covered by the MOU in the amount of fifty thousand dollars ($50,000), or one year's base salary, whichever is greater, to include a double indemnity provision.
Article 25- Longevity Pay
The CITY shall provide persable Longevity Pay in the following manner.
1. On the completion of five (5) years of continuous service from the initial anniversary date with the CITY, the CITY shall provide the employee with a one-time lump sum equivalent to 1.5% of the employee’s annual base salary.
Item #6.4.
CPOA 2022 MOU
17 2. On the completion of ten (10) of continuous service from the initial anniversary date with the CITY, the CITY shall provide the employee with a one-time lump sum equivalent to 2% of the employee’s annual base salary.
3. On the completion of fifteen (15) years of continuous service from the initial anniversary date with the CITY, the CITY shall provide the employee with a one-time lump sum equivalent to 2% of the employee’s annual base salary.
4. On the completion of twenty (20) years of continuous service from the initial anniversary date with the CITY, the CITY shall provide the employee with a one-time lump sum equivalent to 2.5% of the employee’s annual base salary.
5. After the twenty-fifth year of service with the City, upon completion of each fifth year of continuous service from the initial anniversary date with the CITY, the CITY shall provide the employee with a one-time lump sum equivalent to
2.5% the employee’s annual base salary.
Article 26- Military Leave
Please see Section 10.08 of the CITY's Personnel Rules and Regulations.
Article 27- Medical Examinations
A. Any applicant being considered for appointment as a full-time probationary employee shall, prior to such appointment, undergo a physical examination performed by a licensed physician at CITY's expense.
B. Any applicant being considered for appointment as a full-time probationary employee shall, prior to such appointment, undergo a psychological examination at CITY's expense.
C. Annually, thereafter, each employee shall undergo a physical examination at CITY's expense, to be performed by a licensed physician of employee's choice.
Article 28- Provisions of Law
If any provision of the application or any provision of this MOU as implemented should be rendered or declared invalid by any final court action or decree, or by reason of any preemptive legislation, the remaining sections of this MOU shall remain in full force and effect for the duration of said MOU.
Item #6.4.
CPOA 2022 MOU
18 Article 29- No Strike
The ASSOCIATION agrees that there will be no strike, work stoppage, slowdown, 'sick-in', sit down, refusal to perform work, or other interference with operations, nor any picketing or refusal to enter upon CITY's premises on any account, or in connection with any grievance or dispute, and CITY agrees that it will engage in no lockouts during the term of this MOU.
Article 30- Layoff
In the event of employee layoffs, seniority shall be the basis for layoffs undertaken for economic reasons. Non-economic layoffs such as reorganization or restructuring need not be based on seniority, but shall be based primarily on merit, as reflected in the most recent two employee evaluations. Such layoffs shall be subject to the grievance procedure.
Article 31- Personnel Rules and Regulations
The Articles of this Agreement are also covered in the CITY Personnel Manual. It is the intent of the parties that the provisions in both the Personnel Manual and the Agreement be the same. If there is a conflict between the two, the provisions of this Agreement shall prevail over the Personnel Manual.
Any specific reference to a section of the City of Calistoga Personnel Rules and Regulations in this MOU is subject to review under the City of Calistoga Grievance Procedure (Section 13 of the City of Calistoga Personnel Rules and Regulations) and may not be modified without mutual agreement of the CPOA except during MOU negotiations.
Article 32- Successor MOU
Negotiations for a successor MOU shall begin on or before three months prior to the end of the term of this agreement. Either party hereto may serve upon the other its written request to commence negotiations as well as its initial written proposals for such successor MOU. Upon receipt of such written notice and proposals, negotiations shall begin no later than thirty (30) days thereafter.
Article 33- Unauthorized Leave
Please see Section 10.12 of the City’s Personnel Rules and Regulations.
Article 34– Full Understanding, Modification and Waiver This agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety.
Item #6.4.
CPOA 2022 MOU
19 It is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right to negotiate and agrees that the other party shall not be required to negotiate, with respect to any matter covered herein.
It is further agreed and understood that, except in cases of emergency, the City shall not implement any changes to any matter within scope, as defined by the Meyers-Milias-Brown Act, as amended, not covered herein without first having met and conferred with the Association to the extent required by law. For purposes of the Agreement, emergency means any sudden and unforeseeable incident or occurrence.
No agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, approved by the City, and ratified by the membership of the Association.
The waiver of any breach of and term or condition of this agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions.
Executed this ______ day of _______________, 2019.
CITY OF CALISTOGA
____________________________ ____________________________ City Manager President
____________________________
Secretary-Treasurer
Item #6.4.
CPOA 2022 MOU
20 APPENDIX A
City of Calistoga
Salary Schedule
Calistoga Police Officers Association (CPOA)
Monthly
Position Title Range
Police Officer 29
Police Corporal 31
Sergeant 36
Dispatch Supervisor 25
Community Services Officer 19
Dispatcher 19
5% Fixed
Range Step 1 Step 2 Step 3 Step 4 Step 5
19 5318 5582 5862 6156 6462
25 6156 6462 6786 7125 7481
29 6786 7125 7481 7855 8248
31 7125 7481 7855 8248 8659
36 8051 8455 8876 9322 9788
January 1, 2022
Item #6.4.
RESOLUTION NO. 2022-005
RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF CALISTOGA, COUNTY OF
NAPA, STATE OF CALIFORNIA, APPROVING A ONE-YEAR MEMORANDUMOF
UNDERSTANDINGWITHTHE CALISTOGA POLICE OFFICERS ASSOCIATION,
AUTHORIZINGTHE CITY MANAGER TO EXECUTE THE MEMORANDUMOF UNDERSTANDINGAND APPROVING AN AMOUNT NOT TO EXCEED $63,306 FROM THE FISCAL YEAR 2021 -22 POLICE DEPARTMENTBUDGET
WHEREAS, pursuant to provisions of the California State Government Code certain employees in specific positions of the City of Calistoga have organized themselves into a bargaining unit; and
WHEREAS, the employees in specified positions are recognized as the Calistoga Police Of?cers Association (CPOA); and
WHEREAS, the City of Calistoga has negotiated with the CPOA in the past to establish a Memorandum of Understanding agreement (MOU) to outline benefits and compensation for positions that are part of CPOA; and
WHEREAS, the existing MOU executed between the City of Calistoga and the CPOA expires on December 31, 2021; and
WHEREAS, the City of Calistoga and representatives of the CPOA have negotiated in good faith for a new MOU as set forth in the attached MOU; and WHEREAS, the City Council and representatives of the CPOA have agreed in principle to the terms of the new MOU and signed tentative agreements on January 20, 2022;
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Calistoga hereby approves the Memorandum of Understanding between the City of Calistoga and Calistoga Police Of?cers Association for a period from January 1, 2022, through December 31, 2022, shown as Exhibit A to this resolution and authorizes the City Manager to execute the Memorandum of Understanding agreement; and
NOW THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Calistoga hereby approves an amount not to exceed $63,306 from the fiscal year 2021-22 Police Department budget under account number 01-4116-XXXX ($52,112) and account number 01-4129-XXXX ($11,194) as set forth as Exhibit B to this Item #6.4.
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Resolution 2022-005
Memoranda of Understanding/ CPOA
February 1, 2022
PASSED, APPROVED AND ADOPTED this 1st day of February 2022. I, MARN RITTBURG, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFYI the foregoing resolution was introduced and passed at a regular meeting of the Calistoga Cit y Council by the following roll call vote:
AYES: Councilmember Kraus, Williams, Vice Mayor Lopez-Ortega and Mayor Canning
NOES: None
ABSENT: CouncilmemberGift
ABSTAIN: None
ATTEST: APPROVED:
Marni Rittburg, C, City Chris Canning,
Item #6.4.
EXHIBIT A
Memorandum of Understanding
Between
City of Calistoga
And
Calistoga Police Officers
Association
January 1, 2022 to December 31, 2022
Adopted February 1, 2022 Resolution No. 2022-xxxx
2022 MOU City of Ca|istogaICPOA
Item #6.4.
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Amde5
Amde6
Amde7
Amde8
Amde9
Anmm1o
AHME11
Anmm12
Anmm13
AHME14
Article 15
Anhb16
Anmm17
Anmb18
Anmm19
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Anmm21
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Anmm24
Anmmzs
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Adhm28
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Article 34
Appendix A
TABLE OF CONTENTS
City Rights
Employee Rights
Recognmon
AccessofFacm?es
Dues
No Discrimination
Term
Grievance Procedures
Probationary Period
Sick Leave
Disabled Pregnancy Leave
Vaca?onLeave
Ho?days
Salary on Reduction Promotion
Wages and Benefits
Uniforms and Equipment
Field Training Of?cers
Retirement
Work Schedule
Special Compensation
De?nmons
Differential Pay & Bilingual Pay
Educa?onaHncen?ve
L?elnsurance
Longevity Pay
MilitaryLeave
MedmalExannna?ons
Provisions of Law
No Strike
Layo?
Personnel Rules and Regulations
Successor MOU
Unautho?zed Leave
Full Understanding, Modification and
mmwa
Salary Schedule
CPOA 2022 MOU
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Item #6.4.
MEMORANDUMOF UNDERSTANDING
BETWEEN
CITY OF CALISTOGA
AND
CALISTOGA POLICE OFFICERS ASSOCIATION
This Memorandum of Understanding (MOU) is made and entered into between the CITY OF CALISTOGA, hereinafter referred to as CITY and CALISTOGA POLICE OFFICERS ASSOCIATION, hereinafter referred to as ASSOCIATION, a formally recognized employee organization pursuant to the provision of the Meyers—MiIias—BrownAct (Government Code Section 3500 et seq.).
The parties agree that this Memorandum of Understanding shall be submitted to the City Council of the City of Calistoga with the joint recommendation of the designated representatives of the parties that the City Council resolve to adopt its terms and conditions and take such other and additional action as may be necessary to implement its provisions.
CITY agrees to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with ASSOCIATION, and shall consider full y such presentations as are made by ASSOCIATION on behalf of its members prior to arriving at a determination of policy or course of action.
The parties have met and conferred in good faith through their designated representatives concerning those matters set forth in Government Code Section 3504 and have reached an agreement thereon as set forth below.
The parties agree as follows:
Article 1 Riahts
A. Except as limited by the specific and express terms of the Agreement, CITY hereby retains and reserves unto itself all rights, powers authority, duty and responsibilities confirmed on and vested in it by the laws and the Constitution of the State of California, the Municipal Code of the City of Calistoga, and/or the laws and Constitute of the United States of America.
B Regardless of any provision contained in the MOU or which may be implied from this MOU, CITY shall retain and shall have the right to exercise the following exclusive rights, which include but are not limited to the following:
1. the right to hire and fire;
CPOA 2022 MOU
Item #6.4.
Qloyee
93.0‘ $°.°
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10. 11.
12. 13.
Article 2- Em
the right to determine the mission of its constituent departments, divisions or commissions, and boards;
the right to set standards of service and municipal fees and charges;
the right to determine the procedures and standards of selection for employment, assignment, transfer and promotion of applicants and employees, provided in the case of employees that the exercise of such right shall not infringe on any rights employee has under this MOU;
the right to direct its employees;
the right to discharge or suspend employees forjust cause and take other disciplinary actions against its employees as set forth herein;
the right to relieve its employees from duty because of lack of work or other legitimate reasons;
the right to maintain the efficiency of governmental operations; the right to determine the methods, means and personnel by which governmental operations are to be conducted;
the right to determine and re—determinejob content and job classifications;
the right to contract out any work which is now being performed by employees of the CITY or which shall be performed in the future by employees of CITY, provided this only occurs in those situations where the tasks cannot be accomplished by current association members as efficiently, economically, and expediently as can be achieved by such contracting out, provided that CITY shall make every reasonable effort to place service requiring similar skills as the work performed by the employee when displaced by the contracting out and which requires minimal training to afford the employee opportunity to adequately perform the new position; the right to take all necessary actions to carry out the mission of the CITY, its constituent departments, divisions, or commissions and boards in cases of emergencies; and
the right to exercise complete control and discretion over its organization and the technology of performing its work.
Riahts
Employees of the CITY shall have the right to form, join and participate in the activities of an employee organization of their own choosing for the purpose of representation on matters of employer-employee relations including, but not limited to wages, hours, and other terms and conditions of employment.
Employees of CITY shall also have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the CITY. Should any CPOA 2022 MOU
Item #6.4.
Article 3- Recognition
Article 4- Access of Facilities
Discrim
employee exercise that right, the employee organization shall be given advance notification prior to the implementation of the results of such self-representation.
A CITY recognizes the ASSOCIATION as the exclusive representative on behalf of employees occupying the full—timejob classifications of:
Police Officer
Police Corporal
Police Sergeant
Community Service Officer
Police Dispatcher
Police Dispatch Supervisor
B. Such representation being subject to and qualified by employee rights under applicable local, State and Federal law to be represented by the organization of their choice.
A. AllASSOCIATION business will be conducted by employees and ASSOCIATION representatives outside of established working hours, and CITY facilities will not be used for the conduct of ASSOCIATION business, unless permission is granted therefore in writing. Nothing herein shall be construed to prevent an ASSOCIATION representative or an employee from contacting the City Manager or other management representatives regarding personnel related matters during working hours.
B. The authorized ASSOCIATION Business Agent shall be given access to work locations during working hours, provided that prior to visiting any work location the ASSOCIATION representative notifies the CITY.
Article 5- Dues
The CITY shall deduct Association dues from employee's pay in conformity with State and City regulations. CITY shall pay over to ASSOCIATION all sums so deducted on account of such dues. ASSOCIATION shall provide CITY with authorization for such deductions, and said authorizations shall clearly state the terms and conditions for implementation of deductions and conditions for cancellation of deductions.
Article 6- No ination
There shall be no discrimination based on race, creed, color, national origin, sex, ancestry, marital status, pregnancy, sexual orientation, or legitimate union CPOA 2022 MOU
Item #6.4.
Article 8- Grievance Procedures
Probationam
activities against any employee or applicant for employment by the ASSOCIATION or by the CITY or by anyone employed by the CITY; to the extent prohibited by applicable State and Federal law, there shall be no discrimination because of age. There shall be no discrimination against any disabled person solely because of such disability, however the disabled person must be able to perform the essential functions established for the classification.
Article 7- Term
This MOU becomes effective upon ratification by the City Council and shall remain in force and effect from January 1, 2022, through December 31, 2022.
Please see Police Department Policy and Procedure Manual Section 1006.
Article 9- Period
A The probationary period is part of the examination process. It is a work test period during which the employee's performance and conduct on the job are evaluated to determine whether or not the employee is fully quali?ed for permanent appointment.
B. During the probationary period, a probationer may be released, or demoted if permanent status is held in a lower classification, without the right of appeal.
C. All employees who are not currently employed in a permanent position shall be on probation for one (1) year following employee's successful completion of a POST-accredited police officer academy, before attaining permanent status. All employees who are not currently employed in a permanent position who have successfully completed the POSTaccredited police officer academy and received certification thereof, prior to date of hire, shall serve a probationary period of one (1) year before attaining permanent status. All employees hired as full—timedispatchers shall be on probation for one (1) year starting on the date of full-time hire.
D. The granting of any leave of absence without pay exceeding five (5) consecutive calendar days shall cause such employee's probationary period to be extended by the number of calendar day(s) for which such leave of absence has been granted, and shall require adjustment of such employee's anniversary date, pursuant to the formula set forth hereinabove.
CPOA 2022 MOU
Item #6.4.
Article 11- Disabled Pregnancy Lea
Article 10- Sick Leave
Please see Section 10.2 of the ClTY's Personnel Rules and Regulations. ve
Please see Section 10.06 of the C|TY's Personnel Rules and Regulations.
Article 12- Vacation Leave
A. Every full-time regular employee represented by this MOU shall accumulate vacation based on year of service as follows:
Year 1 through Year 3 — 80 hours annually
Beginning Year 4 through Year 6 - 100 hours annually
Beginning Year 7 through and up — 160 hours annually
B Employees shall not earn vacation once their accrued vacation balance has reached 480 hours. An extension of vacation limits may be granted by the City Manager. The CITY encourages employees to use vacation annually.
C No employee shall be permitted to work for compensation for CITY in any capacity during the time of his/her paid vacation from CITY service, upon termination, vacation used shall be pro—ratedagainst vacation earned.
D Every CITY employee who leaves CITY employment, unless discharged from CITY service during probation, shall be granted the use of all accumulated vacation or shall be paid at the current rate of compensation applicable at the time of separation. Because employees seldom terminate on the final day of a month, the following method will provide for equitable payment of vacation earned during the month of termination. If an employee terminates on a day falling on the first through the fifteenth day of a month, the employee shall receive credit for one- half the month's accrual; if an employee terminates on a day falling on the sixteenth through thirty—firstday of the month, the employee shall receive full credit of the vacation accrual for the month.
E Employee requests for vacation leave shall be submitted to their supervisor or the Chief of Police at least thirty (30) days in advance of the starting day of requested leave.
CPOA 2022 MOU
Item #6.4.
Article 13- Holidays
Article 14- Salemon ReductionIDemot
Article 15- Wages and Benefits
A. The following holidays are recognized by the City as the holidays the employees are entitled to be compensated for, pursuant to PERS rules, to make them persable compensation for retirement purposes. Each day is valued at 12 hours or the assigned shift hours depending on the employee's schedule.
New Year's Day January 1
Martin Luther King's Birthday 3rd Monday in January
President's Day 3rd Monday in February
Memorial Day Last Monday in May
Juneteenth June 19
Independence Day July 4
Labor Day 1st Monday in September
Admission’s Day September 9
Veteran's Day November 11
Thanksgiving Day 4th Thursday in November
Day after Thanksgiving Friday after Thanksgiving
Christmas Eve December 24
Christmas Day December 25
B. If an employee is scheduled to work a normal workday on a recognized holiday, the employee shall receive one and one-half (1.5) times the hours of assigned shift at straight time pay or one and one-half (1.5) times the hours of assigned shift of compensatory time off. Itwill be the employee's option to receive pay or compensatory time off.
ion
Any employee who is demoted to a position in a class having a salary range lower than the class or position from which he/she was demoted from shall have his/her salary reduced to the monthly salary next lower than the salary he/she received before the demotion. In such cases, the employee shall retain the same anniversary date.
A. Monthly salaries shall be provided for the employee classifications in accordance with the salary schedule in Appendix A.
Effective January 1, 2022 all bargaining unit salaries shall be increased by five percent (5%) as shown in Appendix A.
B. Medical, Vision and Dental Benefits
Regular or probationary full-time employees are members of the Public Employees Medical and Hospital Care Act ("PERS Health") insurance program. The ClTY's monthly contribution to provide health insurance CPOA 2022 MOU
Item #6.4.
benefits for the individual employee and the employee's eligible dependents shall be the minimum payment required by the Public Employees Medical and Hospital Care Act.
1. In addition, effective January 1, 2022, the CITY shall contribute the entire cost of the following insurances, except for employee contributions below:
a. 10% of the Dental Plan monthly premium amount, paid
through a payroll deduction.
b. 10% of the Medical Plan monthly premium amount for
any eligible CalPERS medical plan, paid through a
payroll deduction.
c. 10% of the Vision Plan monthly premium amount, paid
through a payroll deduction, effective March 1, 2022.
Enrollment is mandatory for all employees.
An employee may use any contributions to a Section 125 Plan toward the cost of employer-provided PERS Medical health insurance, Vision insurance and Dental insurance for the employee and eligible dependents. An employee may not use funds for other reasons.
2. Share the Savings Program —
The CITY shall provide three hundred dollars ($300.00) per month to any employee who meets the following criteria:
a. Declines the CITY sponsored Medical Coverage
b. Provide the CITY with acceptable evidence of Medical Insurance from an alternative provider.
c. An employee may accept or decline dental coverage
without affecting the Share the Savings Program.
C. Affordable Care Act
At such time as regulations are issued implementing the Affordable Care Act (“ACA”),the City and the CPOA will meet to discuss the impact, if any of such regulations on any benefit plans offered by the City. Ifmodi?cations to the benefits, eligibility for coverage, employer or employee contribution to the cost of insurance or any other provisions of the benefit plans covered by this MOU will be modified by the ACA during the term of this agreement, it is agreed that the City and the CPOA will reopen the contract to meet and confer and determine how such mandated changes will be implemented.
CPOA 2022 MOU
Item #6.4.
Article 16- Uniforms and Eguigment
A. Uniform and Equipment Issuance
1 At initialfull—timemployment Community Service Officer, Police Dispatchers, Dispatch Supervisors, Police Officers, Police Corporals and Police Sergeants shall be issued, at the ClTY's expense, the following items:
3 shirts with patches
3 trousers/skirts
1 tie
1 tie bar
1 pair uniform shoes
1 belt, trouser type
The City will pay each year a stipend for cleaning and purchase of the uniform and equipment items listed above to employees in each of the listed positions by the ?rst pay period in July, as follows: sworn officers: $ 900 and Community Service Officer, Dispatchers and Dispatch Supervisor: $ 600. However, new employees shall only receive the July stipend on a pro rata basis from the date of hire to the end of the fiscal year. Subsequently, they are entitled to the same stipend on a full annual basis as other employees.
2. Allfull-time Police Officers, Police Corporals and Police Sergeants shall be issued, at ClTY's expense, the following:
Sam Browne belt
4 Keeper straps
Baton
Baton ring
Handcuffs with case
Duty handgun with holster
Ammunition pouch
Protective vest*
*Any vest issued will be considered having a life of five (5) years B For employees hired before January 1, 2013, the CITY shall report the value of uniform cleaning and replacement to PERS as follows:
Sworn Officers $900 per year
Dispatchers and Dispatch Supervisor $600 per year
Community Service Officer $600 per year
CPOA 2022 MOU
Item #6.4.
Article 17- Field Training Officers
Field Training Officers (FTO's) willreceive $25.00 per shift while assigned to training an officer.
Training dispatchers will receive $25.00 per shift while assigned to training duties.
Article 18- Retirement
A. Employees Hired Before May 1, 2012
For employees hired before May 1, 2012 only, the CITY shall provide all current Police Officers, Police Corporals, and Sergeants with retirement coverage through the Public Employees’ Retirement System (PERS) under 3% at 55 Local Safety plan. CITY shall provide all current Dispatchers and Dispatch Supervisor with retirement coverage through the Public Employees’ Retirement System (PERS) under the 2.5% at 55 miscellaneous plans. Additional PERS Retirement Bene?ts for employees hired before May 1, 2012 are as follows:
1. Credit for unused Sick Leave (Government Code Section 20965), and
2. Single Highest Year (Government Code Section 20042).
Employees Hired On Or After May 1, 2012 And Before January 1, 2013, Or Employees Who Qualify For Pension Reciprocity
For employees hired on or after May 1, 2012, and before January 1, 2013, as well as for employees who qualify for pension reciprocity pursuant to Government Code Section 7522.02 (c) and any related reciprocity requirements established by PERS, the City shall provide retirement coverage through the PERS retirement formula under Government Code Section 21369 (2% @ 55) for Safety employees and Government Code Section 21353 (2% @ 60) for Non-Safety employees. These formulas shall be based upon a 3-year average salary. The City also shall provide credit for unused sick leave pursuant to Government Code Section 20965.
Employees Hired On Or After January 1, 2013
For employees hired on or after January 1, 2013 who do not qualify for pension reciprocity pursuant to Government Code Section 7522.02 (c), the City shall provide retirement coverage through the PERS retirement formula under Government Code Section 7522.25 (b) (the Basic Safety Plan — 2% @ 57) for Safety employees and through the PERS retirement CPOA 2022 MOU
Item #6.4.
Article 19- Work Schedule
Article 20- Sgecial Comgensation
D.
formula under Government Code Section 7522.20 (2% @ 62) for Non Safety employees. These formulas shall be based upon a 3-year average - salary. The City also shall provide credit for unused sick leave pursuant to Government Code Section 20965.
Employee Contributions
All employees shall pay the full employees’ share of Public Employees’ Retirement employee contribution as determined by PERS; the City shall not pick up any portion of the required employee contribution.
Work Period: The work period for full-time personnel willbe defined by the FSLA public safety definition, recognized to cover employees who will work 171 hours in a 28 day period. The shift hours for employees presently consists of twelve (12) hours of work inclusive of a thirty (30) minute lunch break and two (2) ?fteen (15) minute rest periods for employee classifications in this agreement. The CITY may explore alternate schedules to meet the operating needs of the Department.
Normal Work Day: As assigned by the Chief of Police, either twelve (12) consecutive hours of work in a twenty-four hour period; ten (10) consecutive hours of work in a twenty-four (24) hour period; or eight (8) consecutive hours of work in a twenty-four (24) hour period. The definition of workday for the purposes of computing accumulation of use of sick or vacation, is eight (8) hours.
Work Shift: Specific time during a twenty-four (24) hour period at which an employee's normal work day regularly begins and ends, to be established by the Chief of Police.
Work Schedule: Speci?cally named days of the week which comprise an employees‘ normal workweek, to be established by the Chief of Police.
Employment other than that employment pursuant to this MOU shall be restricted according to law.
. Should the CITY call back or recall any full-timeemployee after his/her normal working hours or assigned schedule to perform work, CITY shall pay said employee applicable time at one and one-half (1 1/2) for all hours actually worked, but in no event shall employee receive less than a minimum of two (2) hours, regardless of time actually worked as a result of being called back to perform services for the CITY.
CPOA 2022 MOU
Item #6.4.
B. Should the City or other entity require an employee to be subject to court time or court standby time during a time other than the employees assigned work shift schedule said emp|oyee’s applicable time willbe paid at the rate of one and one—half(1 1/2)for all hours actually worked.
Employee shall be allowed travel time, to court from home or station, whichever is closer in addition to the amount of time spent in the court time appearance. In no event shall employee receive less than a minimum payment of three (3) hours, regardless of time actually worked as a result of being in court. Court standby time shall be limited to a maximum of four hours of pay per day.
C. All overtime, extended shift work, special detail work, training, authorized training, in excess of the established maximum hours in a work period as defined by the Fair Labor Standards Act shall be compensated by payment at the rate of one and one-half (1 %) times the applicable hourly base rate of pay of the employee, or at the determination of the employee by compensatory time off.
. For non—courtregular standby, employees shall be afforded one hours pay for every eight hours on standby.
. Any employee who has received a subpoena to appear in court or DMV Hearings and is cancelled for such appearance with less than twenty-four (24) hours advance notice shall receive a minimum of two (2) hours pay at her/his hourly base rate.
Article 21- Definitions
A. Overtime: Overtime for employees on a forty (40) hour work week schedule is authorized time worked in excess of forty (40) hours in a work week. Overtime for employees on twelve hour shifts is authorized time worked in excess of 171 hours in a 28 day period. Such overtime shall exclude shift changes.
Recall Work/Call Back: Work performed by off-duty employee ordered to work.
Extended Shift Work: Time worked by employees beyond their normal assigned work shift.
Special Detail Work: Work performed by an employee during off-duty hours involving duty at parades and other public or civic events, or a private contract employment when assigned by the Chief of Police.
CPOA 2022 MOU
Item #6.4.
Article 22- Differential and Bilingual Pay
Training: Time spent by employees during off—dutyhours attending required training.
Authorized Training: Training authorized by the Chief of Police, which is not required.
Court Time: Time required of an employee in attendance at court in response to a subpoena, a coroner's inquest, a hearing, or trial in a civil or criminal case, during a time other than the employee's assigned work shift schedule, for the purpose of testifying respecting knowledge acquired or claimed to have been acquired by such employee in the course of employment with CITY.
Court Standby Time: Time required by an off—dutyemployee, authorized to the tribunal ordering the appearance, to remain available at a location other than the location specified in the Subpoena.
Emp|oyee(s): Full—timepositions of Police Of?cers, Police Corporals, Sergeants, Community Service Officer, Dispatcher, and Dispatch Supervisor.
Sworn Personnel: Employees who are Peace Officers in accordance with Penal Code Section 830.1.
Regular Standby: Employees placed on standby in appropriate circumstances when an employee is scheduled for, in an emergency or natural disaster.
Compensating Time Off: Please see Section 9.02 C of the ClTY's Personnel Rules and Regulations.
Employees who work a shift which consists of one-half (1/2) the hours actually worked between 12:00 midnight and 8:00 a.m. shall receive a four per cent (4%) of base salary graveyard differential for such shift actually worked.
Employees who work the shift described in Section A of this article in excess of eight (8) consecutive months shall receive an additional two percent (2%) for a total of six percent (6%) of base salary graveyard differential for such shift actually worked.
Employees who qualify shall receive five per cent (5%) of base salary as bilingual differential. An employee shall be deemed qualified who is determined by the CITY to be ?uent in a language or enrolled in a class to CPOA 2022 MOU
Item #6.4.
Article 23- Educational Incentive
Life
learn that language. The CITY shall consult with the ASSOCIATION prior to establishing fluency standards.
A. As an incentive to recruit and/or retain employees who have pursued and completed higher education and professional training referenced herein, CITY shall pay:
1. To all full—timemployees in the classifications of Police Officer, Police Corporal and Police Sergeant that possess the following:
a. POST Intermediate Certi?cate, an Associate Degree or 60 units of college credit an additional two and one half
percent (2.5%) of base salary.
b. POST Advanced Certi?cate, a Bachelor Degree or 120
units of college credit an additional two and one half
percent (2.5%) of base salary.
2 To all full—timeemployees in the classi?cations of Community Service Officer, Police Dispatcher or Police Dispatch Supervisor that possess the following:
a. POST Complaint Dispatch Certificate an additional two and one half percent (2.5%) of base salary.
b. POST Public Safety Dispatcher Certificate, a Bachelor Degree or 120 units of college credit, an additional two and one half percent (2.5%) of base salary.
B In no case shall an employee receive more than five percent (5%) of base salary for educational incentive.
C Current employees and new hires must have a degree that is field related.
In order to be a qualifying educational degree, an Associates, Bachelor's or Master’s degree must be related to the work of the employees position, career development or occupation in such fashion as will offer substantial benefit to the City and must have been conferred by a college or university accredited by the Western Association of Schools and Colleges or by a national accreditation agency.
Article 24- Insurance
A. CITY shall provide life insurance coverage for each employee covered by the MOU in the amount of fifty thousand dollars ($50,000), or one year's base salary, whichever is greater, to include a double indemnity provision.
CPOA 2022 MOU
Item #6.4.
Article 25- Longeviy Pay
Article 27- Medical Exa
robatio oyee shall, app intme dergo
hysical ion perform sed hysici CITY‘
The CITY shall provide persable Longevity Pay in the followingmanner.
1. Article 26-
On the completion of five (5) years of continuous service from the initial anniversary date with the CITY, the CITY shall provide the employee with a one-time lump sum equivalent to 1.5% of the employee's annual base salary.
On the completion of ten (10) of continuous service from the initial anniversary date with the CITY, the CITY shall provide the employee with a one-time lump sum equivalent to 2% of the emp|oyee’s annual base salary.
On the completion of fifteen (15) years of continuous service from the initial anniversary date with the CITY, the CITY shall provide the employee with a one-time lump sum equivalent to 2% of the emp|oyee’s annual base salary.
On the completion of twenty (20) years of continuous service from the initial anniversary date with the CITY, the CITY shall provide the employee with a one-time lump sum equivalent to 2.5% of the emp|oyee’s annual base salary.
After the twenty—fifthyear of service with the City, upon completion of each fifth year of continuous service from the initial anniversary date with the CITY the CITY shall provide the employee with a one-time lump sum equivalent to
2.5% the empIoyee’s annual base salary.
ilitarv Leave
Please see Section 10.08 of the ClTY's Personnel Rules and Regulations. minations
A. Any applicant being considered for appointment as a full—time p nary empl prior to such o nt, un a
p examinat ed by a licen p an at s
expense.
B. Any applicant being considered for appointment as a full—time probationary employee shall, prior to such appointment, undergo a psychological examination at ClTY's expense.
C Annually, thereafter, each employee shall undergo a physical examination at ClTY's expense, to be performed by a licensed physician of employee's choice
CPOA 2022 MOU
Item #6.4.
Article 28- Provisions of Law
30 ,,,
Perso Reg_,,,
Ifany provision of the application or any provision of this MOU as implemented should be rendered or declared invalid by any ?nal court action or decree, or by reason of any preemptive legislation, the remaining sections of this MOU shall remain in fullforce and effect for the duration of said MOU.
Article 29- No Strike
The ASSOCIATION agrees that there will be no strike, work stoppage, slowdown, ‘sick-in‘,sit down, refusal to perform work, or other interference with operations, nor any picketing or refusal to enter upon ClTY's premises on any account, or in connection with any grievance or dispute, and CITY agrees that it will engage in no lockouts during the term of this MOU.
Article - Lavoff
In the event of employee layoffs, seniority shall be the basis for layoffs undertaken for economic reasons. Non—economiclayoffs such as reorganization or restructuring need not be based on seniority, but shall be based primarily on merit, as reflected in the most recent two employee evaluations. Such layoffs shall be subject to the grievance procedure.
Article 31- nnel Rules and ulations
The Articles of this Agreement are also covered in the CITY Personnel Manual. I t
is the intent of the parties that the provisions in both the Personnel Manual and the Agreement be the same. Ifthere is a conflict between the two, the provisions of this Agreement shall prevail over the Personnel Manual.
Any specific reference to a section of the City of Calistoga Personnel Rules and Regulations in this MOU is subject to review under the City of Calistoga Grievance Procedure (Section 13 of the City of Calistoga Personnel Rules and Regulations) and may not be modified without mutual agreement of the CPOA except during MOU negotiations.
Article 32- Successor MOU
.Negotiations for a successor MOU shall begin on or before three months prior to the end of the term of this agreement. Either party hereto may serve upon the other its written request to commence negotiations as well as its initialwritten proposals for such successor MOU. Upon receipt of such written notice and proposals, negotiations shall begin no later than thirty (30) days thereafter.
CPOA 2022 MOU
Item #6.4.
Article 33- Unauthorized Leave
Article 34- Full Understanding Modification and Waiver
Please see Section 10.12 of the City’s Personnel Rules and Regulations.
This agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal regarding any such matters are hereby superseded or terminated in their,entirety.
It is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right to negotiate and agrees that the other party shall not be required to negotiate, with respect to any matter covered herein.
It is further agreed and understood that, except in cases of emergency, the City shall not implement any changes to any matter within scope, as de?ned by the Meyers-Milias-Brown Act, as amended, not covered herein without ?rst having met and conferred with the Association to the extent required by law. For purposes of the Agreement, emergency means any sudden and unforeseeable incident or occurrence.
No agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, approved by the City, and ratified by the membership of the Association.
The waiver of any breach of and term or condition of this agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions.
Executed this day of , 2019
CITY OF CALISTOGA
City Manager President
Secretary—Treasurer
CPOA 2022 MOU
Item #6.4.
Gig of Calistoga
Salem Schedule
Calistoga Police Of?cers Association 1cPOA[
PositionTitle
Police Of?cer
Police Corporal
Sergeant
Dispatch Supervisor
Community Services Of?cer
Dispatcher
APPENDIX A
Monthly
Range
29 31
36 25
19 19
January 1, 2022 5% Fixed
Range Step 1 Step 2 Step 3 Step 4 Step 5
19 5318 5582 5862 6156 6462
25 6156 6462 6786 7125 7481
29 6786 7125 7481 7855 8248
31 7125 7481 7855 8248 8659
36 8051 8455 8876 9322 9788
CPOA 2022 MOU
Item #6.4.
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Item #6.4.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Rachel Melick, Parks & Recreation Director
Meeting: City Council - May 17 2022
Subject: Public Art Policy Study Session
DESCRIPTION:
Discuss and provide direction regarding the formulation of a public art policy.
RECOMMENDATION:
Consider a series of public art policy questions to provide direction to staff on the next steps in formulating a public art policy and general initial guidance on possible policy content.
BACKGROUND/SUMMARY:
Summary
The term "public art" covers a large variety of components and even the concept itself (i.e. not related to a specific artwork) engenders many different opinions and emotions. The City currently has no formal policy governing public art including the decision-making process for accepting loaned or donated artwork. Furthermore, there is nothing in place (including no funding) for the on-going maintenance or record keeping of public art. Staff is seeking direction on the City Council's interest in creating a public art policy and if there is interest in creating one, how the City Council wishes to proceed on creating such a policy and what components and parameters should be included.
Background
On February 15, 2022 the Calistoga Art Center made a presentation to the city council requesting the council support their concept for a public art project. The project would be a set of decorated tiles created by individual community members to memorialize the Covid-19 pandemic and the losses Calistogans have experienced. The art center representatives envision the tiles be installed in or on a city-managed asset such as a park or bridge and that the city provide on-going maintenance. This proposal prompted the conversation about a public art policy at this time given the lack of a procedural channel to utilize for project consideration.
Public art can become quite controversial. While some believe public art contributes to the cultural and economic vitality of a community and enhances the quality of life, others have reservations. These reservations range from what resources should or shouldn’t be expended, to where art should be located, or only offer “conditional” support of public art based on what the specific art may be. Even the definition of public art can become a debate.
Discussion Framework
Item #7.1.
Staff is hopeful that the following series of questions can provide the framework for a fruitful initial policy discussion. Please be encouraged to bring your public art thoughts that are in addition to anything raised in the below.
1. Does the Council wish to expend staff time to CREATE a public art policy, or would the Council prefer to address opportunities individually as they arise?
2. If you wish to create a policy, what are your OBJECTIVES for creating a public art policy? a. Create a process to consider public art proposals/projects? b. Foster tourism and economic development?
c. Provide cultural benefits for those living or working in Calistoga? d. Create a sense of “place” and/or civic pride?
e. Encourage more public art?
f. Foster art education and/or appreciation?
g. Business attraction?
h. Create a funding source for public art such as a fee on private development? i. Other?
3. How does the Council wish to DEVELOP THE POLICY and ENGAGE THE COMMUNITY in this discussion?
a. During regular city council meetings?
b. Through staff recommendations following conversations with stakeholders? c. During a focused, special city council meeting that significantly involves the public? d. Through a community workshop or a series of workshops? e. Through the Planning Commission?
f. By creation of a council-appointed task force?
g. Other?
4. How does the City define a PROJECT as art? Is it sculpture? Murals? As many mediums as possible such as water, light and/or music? Are temporary installations included? Other?
5. How does the City define a project as PUBLIC art?
a. Art that is displayed on any city-owned or leased asset such as parks, open space, or buildings?
b. Art that is visible to the public displayed on privately-owned buildings, open space, or properties that are public facing or directly adjacent to a public right-of-way?* c. Other?
6. How does the City define an ARTIST whose work would be considered under the Public Art Policy?
a. An individual who works in, is skilled in, or conceptually creates in areas of fine arts such as painting, drawing, sculpture, etc.?
b. An individual who by professional training, exhibition history, and/or critical review is recognized as skilled in creating works of art?
c. Someone who earns the majority of their income creating art? d. Someone who self-designates as an artist?
e. Other?
7. Who would be designated as the DECISION-MAKING BODY* according to the policy? a. The City Council?
b. The Planning Commission?
c. A council-appointed committee*?
Item #7.1.
d. An existing community group, non-profit, or other similar organization? e. The City Council based on the recommendation of another body? f. Other?
8. Would FUNDING would be available to support public art and if so, through what mechanism(s)?
a. Through donated or sponsored art?
b. By direct annually determined General Fund expenditures? c. Existing Community Enrichment Grants?
d. A separate General Fund-supported grant?
e. From City staff applying for outside grants?
f. A fee on other activities such as development or special events or other? g. How will on-going maintenance be paid for?
h. Other?
* Depending on Council’s direction on an art policy, particularly the asterisked components noted above, further review and possible modification of existing code may be necessary. The Calistoga Municipal Code section 17.58.070 currently has a design review section that states: “For sculptures, statues, mosaics, murals and similar decorative depictions that do not contain a name, logo, image or symbol related to a business, their design shall complement the architectural character of the building and adjoining structures.” Additionally, CMC section 17.41.020 2. c. references "murals" and "minor site modifications" as being subject to administrative design review, whereas both terms could be interpreted to include public art elements.
In addition, a separate code section references “cultural arts” as part of a longer list of topics for discussion by a commission that has not existed in approximately two decades.
In addition to the above subject areas, if council wishes to move forward adopting a policy, staff will make recommendations on a variety of additional implementation-related topics such as:
• the accessibility of artworks
• maintenance and security of artworks
• the lifespan or decommissioning of artworks
CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:
The formulation of a public art policy would meet City Council goal number eight, to enhance Calistoga's small-town character and attractiveness by pursuing a downtown beautification plan including street scape improvements, parklets, standard façade improvements and public art opportunities.
CEQA STATUS:
None
FINANCIAL IMPACT:
There is no fiscal impact associated with the discussion of the policy.
ATTACHMENT(S):
Council Art Policy Presentation
Item #7.1.
APPROVAL(S):
Laura Snideman, City Manager Approved - May 06 2022
Rachel Melick, Parks & Recreation Director Approved - May 06 2022 Item #7.1.
Item #7.1.
2 Public Art Policy Discussion
City Council
5/17/2022
Item #7.1.
3 Discussion Questions
1. Does the Council wish to expend staff time to CREATE a public art policy, or would the Council prefer to address opportunities individually as they arise?
2. If you wish to create a policy, what are your OBJECTIVES for creating a public art policy?
3. How does the Council wish to DEVELOP THE POLICY and ENGAGE THE COMMUNITY in this discussion?
4. How does the City define a PROJECT as art? Is it sculpture? Murals? As many mediums as possible such as water, light and/or music? Are temporary installations included? Other?
5. How does the City define a project as PUBLIC art?
6. How does the City define an ARTIST whose work would be considered under the Public Art Policy?
7. Who would be designated as the DECISION-MAKING BODY according to the policy?
8. Would FUNDING would be available to support public art and if so, through what mechanism(s)?
Item #7.1.
4 Individual questions and
discussion points
Item #7.1.
5 Question #1
• Does the Council wish to expend staff time to
CREATE a public art policy, or would the
Council prefer to address opportunities
individually as they arise?
Item #7.1.
6 Question #2
• If you wish to create a policy, what are your OBJECTIVES for creating a public art policy? Create a process to consider public art proposals/projects?
• Create a process to consider public art proposals/projects? • Foster tourism and economic development?
• Provide cultural benefits for those living or working in Calistoga? • Create a sense of “place” and/or civic pride?
• Encourage more public art?
• Foster art education and/or appreciation?
• Business attraction?
• Create a funding source for public art such as a fee on private development? • Other?
Item #7.1.
7 Question #3
• How does the Council wish to DEVELOP THE POLICY and
ENGAGE THE COMMUNITY in this discussion?
• During regular city council meetings?
• Through staff recommendations following conversations with stakeholders?
• During a focused, special city council meeting that significantly involves the public?
• Through a community workshop or a series of workshops? • Through the Planning Commission?
• By creation of a council-appointed task force?
• Other?
Item #7.1.
8 Question #4
• How does the City define a PROJECT as art?
Is it sculpture? Murals? As many mediums as
possible such as water, light and/or music?
Are temporary installations included? Other?
Item #7.1.
9 Question #5
• How does the City define a project as PUBLIC
art?
• Art that is displayed on any city-owned or leased asset such as parks, open space, or buildings?
• Art that is visible to the public displayed on privatelyowned buildings, open space, or properties that are public facing or directly adjacent to a public right-of-way? • Other?
Item #7.1.
10 Question #6
• How does the City define an ARTIST whose work
would be considered under the Public Art Policy?
• An individual who works in, is skilled in, or conceptually creates in areas of fine arts such as painting, drawing, sculpture, etc.?
• An individual who by professional training, exhibition history, and/or critical review is recognized as skilled in creating works of art?
• Someone who earns the majority of their income creating art? • Someone who self-designates as an artist?
• Other?
Item #7.1.
11 Question #7
• Who would be designated as the DECISIONMAKING BODY according to the policy? • The City Council?
• The Planning Commission?
• A council-appointed committee?
• An existing community group, non-profit, or other similar organization?
• The City Council based on the recommendation of
another body?
• Other?
Item #7.1.
12 Question #8
• Would FUNDING would be available to support
public art and if so, through what mechanism(s)?
• Through donated or sponsored art?
• By direct annually determined General Fund expenditures? • Existing Community Enrichment Grants?
• A separate General Fund-supported grant?
• From City staff applying for outside grants?
• A fee on other activities such as development or special events or other?
• How will on-going maintenance be paid for?
• Other?
Item #7.1.
13 Council Ideas & Comments
• Additional public art policy questions,
comments, and/or ideas?
Item #7.1.
14 Recommended Action
Provide direction to staff on next steps in
developing a public art policy
Item #7.1.
Marni Rittburg
From:
Sent
To:
Subject:
Martha Casselman
Saturday, May 14, 2022 10:15 PM
Public Comment
Public Art, Calistoga
/vJ1jjtionaJ i!!:la:J_ Meetingof .~22-.
Item No. ~~ /, Distributed ~ f/.e
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
To the Council members, Calistoga
The upcoming discussion about Public Art has both short-term and long-term consequences for our City. It is an important and timely one. An excellent memo on the subject has circulated; it is the basis for much thought and much discussion.
The proposal by the Calistoga Art Center for a memorial commemorating our personal losses in the on-going Covid pandemic, not only of human lives and health but of economic hardships to individuals and the City, checks all the boxes for Public Art. The community is called upon to have a hands-on involvement (tiles are designed and painted by Calistogans, guided by workshops at the CAC); the broader community will benefit from the on-going opportunity to visit and revisit a place of serenity and contemplation.
This project must be a part of the City, and an appropriate first piece of Public Art--no way can it be on private property.
It is felicitous and timely, honoring an event destined to be as much of our spoken and written history as any war or attack, and deserves enough space for visitors as well as locals to revisit (and to take an awareness of it to other potential visitors).
It is understandable that Calistoga needs to sustain itself by attracting visitors--lodging, restaurants, tasting rooms, retail and food shops, spas, a pool. A Covid memorial competes with none of these; rather, it enhances the heart of our incomparable City.
Thank you for your thoughtful consideration.
Respectfully,
Martha Casselman
Calistoga resident of 35 years and CAC Board member
May 14, 2022
1 Item #7.1.
Marni Rittburg
From:
Sent:
To:
Cc:
Subject:
Marcia Beauchamp
Monday, May 16, 2022 2:21 PM
Public Comment
Additi?J!e, aal ntio Meeting of 2.-
ltemNo.
Distributed ~
Martha Casselman; Calistoga Art Center (info); Joan Brady; CATHY POPE; Curtis Winslow; Michael Hicks; Donald Williams; Jeff Mitchem
Public Art policy comment
CAUTION· This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Dear Council Members:
The Covid Memorial project will go hand in hand with the City's public art policy: it will be done correctly in collaboration with a proven arts community and far-sighted City Council which seeks to guide enduring art works in Calistoga for years to come.
Marcia Beauchamp
board president, Calistoga Art Center
c, Virus-free. www.avg.com
Item #7.1.
Marni Rittburg
From:
Sent:
To:
Cc:
Subject:
Michael Hicks
Monday, May 16, 2022 2:29 PM
Public Comment
Calistoga Art Center
Public Comment to May 17, 2022 Council Meeting Agenda Item 7.1, CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
In February, 2022 the Calistoga Art Center proposed a collaboration with the City to develop a memorial to commemorate calistogan's losses caused by the ongoing Covid pandemic. With deaths in the United States now exceeding one million the long term impacts of the pandemic are incalculable. The City of Calistoga has an opportunity to support recovery from a very small, but important, number of losses caused by the pandemic. This opportunity has a narrow window of effectiveness - as time passes the losses will be experienced without a commemoration such as the memorial proposed by the Art Center.
Please, to the extent possible, and given your need to develop and adhere to general governmental protocols, support the development of the proposed memorial project so it can be realized soon, so that it will provide the greatest possible benefit to Calistoga.
Respectfully,
Michael M. Hicks
Calistoga Art Center Board of Directors
[email protected]
1 Item #7.1.
Mayor Chris Canning
Vice Mayor lrais Lopez-Ortega
Councilmember Lisa Gift
Councilmember Gary Kraus
Councilmember Donald Williams
May 16, 2022
It is an extremely rare event in any municipality where an opportunity for a public arts project can literally draw on the creative talent of its entire population, rather than a sampling of local artists. The proposed Covid-19 remembrance proposal is such a project. With the Calistoga Art Center acting as production manager and curator, this project will truly represent the people of Calistoga's hopes, prayers, feelings, and acknowledgements that bind our community together. I believe that it will also generate much positive publicity and recognition for our city that will garner local, state and even national attention.
Curtis M. Winslow
Board Member
Calistoga Art Center
Item #7.1.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Mitch Celaya, Chief
Meeting: City Council - May 17 2022
Subject: CPD “Military Equipment” Policy 707 and City Ordinance 2.14.070 Amendment DESCRIPTION:
California State Assembly Bill (AB) 481 requires the governing body of a city to approve the police department’s “Military Equipment” Policy on the guidelines and procedures relating to the approval, funding, possession, use, and reporting of military equipment defined in Government Code section 7070 even in communities such as Calistoga that have no Military Equipment. Approval of defined military equipment shall be by ordinance by the city council.
RECOMMENDATION:
Move to introduce and waive further reading of an Ordinance approving the adoption of CPD’s “Military Equipment” Lexipol Policy 707 and the addition of City of Calistoga Municipal Code section 2.14.070 requiring CPD’s conformance with AB481.
BACKGROUND/SUMMARY:
On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill (AB) 481, relating to the use of military equipment by law enforcement agencies. AB481 was codified via California Government Code sections 7070 through 7075 (see attached AB481 Legislative text), requiring law enforcement agencies to obtain approval of the applicable governing body (city council) prior to taking certain actions relating to the funding, acquisition, solicitation, or use of military equipment. AB481 requires the city council to approve by an ordinance adopting a “Military Equipment” use policy (see attached CPD Lexipol Policy 707), at a regular meeting pursuant to open meeting laws. AB481 requires the city council to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations with respect to a military equipment use policy.
The attached proposed “Military Equipment” policy complies with the requirements of AB481. The proposed policy was published on the City’s website and publicized via a Community Advisory Nixle message at least 30 days prior to presenting the proposed Policy to the City Council.
Per the proposed “Military Equipment” policy and in conformance with AB481, the approval by the city council must occur prior to engaging in the following:
(a) Requesting military equipment made available pursuant to 10 USC § 2576a, also known as the Military Surplus Program via the Department of Defense (“1033 Program”). (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting, or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
Item #7.2.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above.
The “Military Equipment” Policy establishes a Military Equipment Coordinator to ensure CPD’s conformance with AB481. This includes the following:
(a) Act as liaison to the governing body for matters related to the requirements of the “Military Equipment” policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually, before May 1st of each year.
(d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Calistoga Police Department (Government Code § 7071. (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment(Government Code § 7072). and ensuring that the report is made available on the department website.
(f) Preparing the annual military equipment report for submission to the Chief of Police (g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
It is important to note that currently, the Calistoga Police Department does not use, possess, or allocate funds for Military Equipment defined in Government Code Section 7070 (c) or currently participates in the US Department of Defense 1033 program.
Attached is the proposed amendment to City of Calistoga Municipal Code Chapter 2.14, “Police Department” within Title 2 - “Council, Administration, and Personnel”, adding section 2.14.070 - “Acquisition, Possession, Use, and Reporting of Military Equipment”.
This ordinance to read in its entirety as follows:
“2.14.070 Acquisition, Possession, Use, and Reporting of Military Equipment.
In conformance with the requirements of Government Code sections 7070, 7071, and 7072, the Chief of Police will develop a policy for the approval, acquisition, and reporting requirements of military equipment.
This policy shall be approved by the City Council pursuant to Government Code section 7071. The military equipment policy will minimally provide guidance for the following:
A) Approval by City Council for any purchase, acquisition, or allocation of any funds for Military Equipment defined in Government Code section 7070.
Item #7.2.
B) Maintaining a list of equipment qualifying as Military Equipment defined in Government Code section 7070(c).
C) Submission of an Annual Report to the City Council for each type of military equipment approved within one year of approval for renewal of approval and annually to occur before May 1stof each subsequent year for as long as the military equipment is available for use per Government Code section 7072.
D) Hold at least one well-publicized community engagement meeting within 30 days of submitting and publicly releasing the annual report. The purpose of the public hearing is to allow for public questions regarding the funding, acquisition, and use of military equipment.” This amendment to the Municipal Code codifies the requirement and importance of CPD to establish a “Military Equipment” use policy as required by AB481.
CEQA STATUS:
Not Applicable
FINANCIAL IMPACT:
None
ATTACHMENT(S):
CPD AB481 Ordinance 2.14.070 Military Equipment and Policy 050522 CPD Military Equipment Policy 707 050522
AB 481 Legislative Text
APPROVAL(S):
Gloria Leon, Administrative Services Director Approved - May 06 2022 Laura Snideman, City Manager Approved - May 06 2022
Marni Rittburg, City Clerk Approved - May 09 2022
Item #7.2.
OAK #4872-4716-3929 v3
ORDINANCE NO. XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALISTOGA ADDING SECTION 2.14.070, “ACQUISITION AND USE OF MILITARY EQUIPMENT” WITHIN CHAPTER 2.14, “POLICE DEPARTMENT” OF TITLE 2 OF THE CALISTOGA
MUNICIPAL CODE
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies; and
WHEREAS, Assembly Bill 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body prior to taking certain actions relating to the funding, acquisition, solicitation, or use of military equipment; and WHEREAS, Assembly Bill 481, requires that the approval by the governing body be by an ordinance adopting a military equipment use policy, at a regular meeting held pursuant to open meeting laws; and
WHEREAS, Assembly Bill 481 allows the governing body of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations with respect to a military equipment use policy; and WHEREAS, a draft of the Calistoga Police Department Policy 707 “Military Equipment” was published on the Department’s internet website, and provided to the City Council at least 30 days prior to public hearing in accordance with requirements of Government Code section 7071; and
WHEREAS, the Calistoga Police Department’s Lexipol Policy 707 “Military Equipment” meets the requirements of California Government Code section 7070, subdivision (d); and
WHEREAS, the Calistoga Police Department currently does not does not use, possess, or has allocated funds for military equipment as defined in Government Code section 7070(c); and
WHEREAS, Policy 707 “Military Equipment” will safeguard the public’s welfare, safety, civil rights, and civil liberties should the Calistoga Police Department request the procurement, use, or allocation of funds to acquire “Military Equipment”; and WHEREAS, no prior military use policy has existed in the City of Calistoga that was applicable to the use of military equipment, and the adoption of such policy shall serve to secure future compliance.
Item #7.2.
OAK #4872-4716-3929 v3
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES ORDAIN AS FOLLOWS:
Section 1. Recitals. The City Council of the City of Calistoga does hereby find the above referenced recitals are true and correct and material to the adoption of this Ordinance.
Section 2. Purpose and Authority. The purpose of this Ordinance is to amend the regulations pertaining to the police department’s approval, acquisition, and reporting requirements of military equipment required AB 481, signed into law on September 30, 2021.
Section 3. Amendment to Municipal Code. Section 2.14.070, “Acquisition, Possession, Use, and Reporting of Military Equipment” of Chapter 2.14, “Police Department” within Title 2, “Council, Administration, and Personnel” is amended to read in its entirety as follows:
“2.14.070 Acquisition, Possession, Use, and Reporting of Military Equipment.
In conformance with the requirements of Government Code sections 7070, 7071, and 7072, the Chief of Police will develop a policy for the approval, acquisition, and reporting requirements of military equipment. This policy shall be approved by the City Council pursuant to Government Code section 7071. The military equipment policy will minimally provide guidance for the following:
A) Approval by City Council for any purchase, acquisition, or allocation of any funds for Military Equipment defined in Government Code section 7070.
B) Maintaining a list of equipment qualifying as Military Equipment defined in Government Code section 7070(c).
C) Submission of an Annual Report to the City Council for each type of military equipment approved within one year of approval for renewal of approval and annually to occur before May 1st of each subsequent year for as long as the military equipment is available for use per Government Code section 7072; and
D) Hold at least one well-publicized community engagement meeting within 30 days of submitting and publicly releasing the annual report. The purpose of the public hearing is to allow for public questions regarding the funding, acquisition, and use of military equipment.”
Section 4. Approval of Military Equipment Policy. The City Council hereby adopts and approves the Calistoga Police Department Policy 707 “Military Equipment” as set forth in Exhibit A attached hereto.
Item #7.2.
OAK #4872-4716-3929 v3
Section 5. Environmental Determination. The City Council finds that adoption of this ordinance and Calistoga Police Department Policy 707 are exempt from the provisions of the California Environmental Quality Act (“CEQA”) because they will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as defined in Section 15378 of the CEQA Guidelines.
Section 6. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentence, clauses or phrases be declared unconstitutional.
Section 7. Publication. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance by the City Council of the City of Calistoga, California, and cause the same to be published in accordance with State Law.
Section 8. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its adoption and shall be published and posted as required by law.
THIS ORDIANCE was introduced with the first reading waived at the City of Calistoga, California City Council meeting of the 17th of May 2022, and passed and adopted at a regular meeting of the Calistoga City Council on the ____day of __________, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF CALISTOGA
By:
Chris Canning, Mayor
ATTEST:
Marni Rittburg, City Clerk
APPROVED AS TO FORM:
Michelle M. Kenyon, City Attorney
Item #7.2.
Calistoga Police Department
Calistoga PD Policy Manual
Military Equipment
707.1 PURPOSE AND SCOPE
State
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
’/07.1.1 DEFINITIONS
State
Definitions related to this policy include (Government Code § 7070):
Governing body — The elected or appointed body that oversees the Department.
Military equipment — Includes but is not limited to the following:
- Unmanned, remotely piloted, powered aerial or ground vehicles. - Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. - High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. - Tracked armored vehicles that provide ballistic protection to their occupants. - Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. - Weaponized aircraft, vessels, or vehicles of any kind. - Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
- Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
- Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
- Any firearm or firearm accessory that is designed to launch explosive projectiles. - Noise—flashdiversionary devices and explosive breaching tools. - Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
- TASER® Shockwave, microwave weapons, water cannons, and |ong—range acoustic devices (LRADs).
- Kinetic energy weapons and munitions.
- Any other equipment as determined by a governing body or a state agency to require additional oversight.
Copyright Lexipol, LLC 2022/O4/06, All Rights Reserved. *s\-* *-k* Mime E U] ment _ 1 Published with permission by Calistoga Police Department ry q p
Item #7.2.
Calistoga Police Department
Calistoga PD Policy Manual
Military Equipment
707.2 POLICY
State
It is the policy of the Calistoga Police Department that members ofthis department comply with the provisions of Government Code § 7071 with respect to military equipment. 707.3 MILITARYEQUIPMENT COORDINATOR
Best Practice
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(8)
(f)
(9)
Acting as liaison to the governing body for matters related to the requirements of this policy.
Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
Conducting an inventory of all military equipment at least annually.
Collaborating with any allied agency that may use military equipment within the jurisdiction of Calistoga Police Department (Government Code § 7071).
Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the departments funding, acquisition, and use of equipment.
Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department willrespond in a timely manner.
707.4 MILITARY EQUIPMENT INVENTORY
State imooiisisoti
The
Equ
Calistoga Police Department does not currently use, possess, or allocate funds for Military 'pment defined in Government Code section 7070 (c) or currently participates in the US Department of Defense 1033 program.
Copyright Lexipol, LLC 2022/04/06, All Rights Reserved. ***DRAFT*** Military Equipment — 2 Published with permission by Calistoga Police Department Item #7.2.
Calistoga Police Department
Calistoga PD Policy Manual
Military Equipment
707.5 APPROVAL
E
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, orfederal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 707.6 COORDINATION WITHOTHER JURISDICTIONS
State M_0:,D|FJ,ED‘
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with Government Code section 7071, and authorized under that law enforcement agency's policies on the use of their military equipment.
Law enforcement agencies responding to this jurisdiction that conduct any enforcement, investigation, or as mutual aid upon request of the Calistoga Police Department shall adhere to their approved policy as approved by their governing body in accordance with Government Code section 7072.
707.7 ANNUAL REPORT
State Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafterfor as long as the military equipment Copyright Lexipol, LLC 2022/04/06, All Rights Reserved. ~k*~k *~k* Mjjjta E uj ment - 3 Published with permission by Calistoga Police Department ry q p
Item #7.2.
Calistoga Police Department
Calistoga PD Policy Manual
Military Equipment
is available for use (Government Code § 7072).
The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 707.8 COMMUNITY ENGAGEMENT
State
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regardingthe funding, acquisition, or use of military equipment.
707.9 POLICY COMPLIANCE
Government Code section 7070 requires that this policy specify the mechanisms to be used by the Department to ensure compliance with this policy. Complaints regarding violations of this policy are subject to investigation and discipline in accordance with Policy 1020, and other policies of the Department related to officer discipline. 707.10 PUBLIC COMPLAINTS, QUESTIONS, AND INVESTIGATION
Government Code section 7070 requires that this policy specify the procedures by which members of the public may register complaints, submit questions about the use of each specific type of military equipment subject to this policy, and procedures by which the Department will respond to such matters.
Pursuant to California Government Code §7070(d)(7), members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment in this policy by any of the following means:
1. Via email to the Chief of Police
2. Via phone call to: (707) 942-2810
3. Via mail sent to: Calistoga Police Department
Attn: MilitaryEquipment Use Coordinator
1235 Washington Street, Calistoga CA 94515
The Department is committed to responding to complaints, concerns and/or questions received through any of the above methods in a timely manner. Complaints regarding violations of this policy are subject to investigation and discipline in accordance with Policy 1020, and other policies of the Department related to officer discipline.
Copyright Lexipol, LLC 2022/O4/O6, All Rights Reserved. ~k** :k** I Mmtar E U] ment _ 4
Published with permission by Calistoga Police Department y q p
Item #7.2.
Assembly Bill No. 481
CHAPTER 406
An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment. [Approved by Governor September 30, 2021. Filed with
Secretary of State September 30, 2021.]
legislative counsel’s digest
AB 481, Chiu. Law enforcement and state agencies: military equipment:
funding, acquisition, and use.
Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessary to the execution of its powers and duties as the state agency for the distribution of federal personal surplus property, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delivery of purchases before payment, or which prevents the local agency from bidding on federal surplus property.
Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency.
This bill would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the military equipment does not comply with the abovedescribed standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing 92 STATE OF CALIFORNIA
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL
Item #7.2.
Ch. 406 — 2 —
additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.
This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agency’s internet website, and provide a copy of the policy to the Governor or the Governor’s designee, as specified. The bill would also require a state agency that seeks to continue use of military equipment acquired prior to January 1, 2022, to create a military equipment use policy.
This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
By adding to the duties of local officials with respect to the funding, acquisition, and use of military equipment, this bill would impose a statemandated local program.
The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:
(a) The acquisition of military equipment and its deployment in our communities adversely impacts the public’s safety and welfare, including increased risk of civilian deaths, significant risks to civil rights, civil liberties, and physical and psychological well-being, and incurment of significant financial costs. Military equipment is more frequently deployed in lowincome Black and Brown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities.
(b) The public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment.
(c) Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input.
92 Item #7.2.
— 3 — Ch. 406
(d) Legally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.
(e) The lack of a public forum to discuss the acquisition of military equipment jeopardizes the relationship police have with the community, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service.
SEC. 2. Chapter 12.8 (commencing with Section 7070) is added to Division 7 of Title 1 of the Government Code, to read:
Chapter 12.8. Funding, Acquisition, and Use of Military Equipment
7070. For purposes of this chapter, the following definitions shall apply:
(a) “Governing body” means the elected body that oversees a law enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a law enforcement agency of a county, including a sheriff’s department or a district attorney’s office, “governing body” means the board of supervisors of the county.
(b) “Law enforcement agency” means any of the following:
(1) A police department, including the police department of a transit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges. (2) A sheriff’s department.
(3) A district attorney’s office.
(4) A county probation department.
(c) “Military equipment” means the following:
(1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
(3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
(4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. (5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. (6) Weaponized aircraft, vessels, or vehicles of any kind. (7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, 92 Item #7.2.
Ch. 406 — 4 —
or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
(8) Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
(9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision. (10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. (11) Any firearm or firearm accessory that is designed to launch explosive projectiles.
(12) “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.
(13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
(14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
(15) Any other equipment as determined by a governing body or a state agency to require additional oversight.
(16) Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
(d) “Military equipment use policy” means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
(1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
(2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment. (3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
(4) The legal and procedural rules that govern each authorized use. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
(6) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight 92 Item #7.2.
— 5 — Ch. 406
authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
(7) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
(e) “State agency” means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution. (f) “Type” means each item that shares the same manufacturer model number.
7071. (a) (1) A law enforcement agency shall obtain approval of the governing body, by an ordinance adopting a military equipment use policy at a regular meeting of the governing body held pursuant to the BagleyKeene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:
(A) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(B) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (C) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(D) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(E) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(F) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment. (G) Acquiring military equipment through any means not provided by this paragraph.
(2) No later than May 1, 2022, a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall commence a governing body approval process in accordance with this section. If the governing body does not approve the continuing use of military equipment, including by adoption pursuant to this subdivision of a military equipment use policy submitted pursuant to subdivision (b), within 180 days of submission of the proposed military equipment use policy to the governing body, the law enforcement agency shall cease its use of 92 Item #7.2.
Ch. 406 — 6 —
the military equipment until it receives the approval of the governing body in accordance with this section.
(b) In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed military equipment use policy to the governing body and make those documents available on the law enforcement agency’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue. (c) The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(d) (1) The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (B) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. (C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
(D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. (2) In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use.
(e) (1) The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to renew the ordinance at a regular meeting held pursuant to the BagleyKeene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(2) The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the standards for approval set forth in subdivision (d). If the governing body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications 92 Item #7.2.
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to the military equipment use policy in a manner that will resolve the lack of compliance.
(f) Notwithstanding subdivisions (a) to (e), inclusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a military equipment use policy based on local community needs.
7072. (a) A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1) A summary of how the military equipment was used and the purpose of its use.
(2) A summary of any complaints or concerns received concerning the military equipment.
(3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
(5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
(b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment. 7073. (a) A state agency shall create a military equipment use policy prior to engaging in any of the following:
(1) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(2) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (3) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
92 Item #7.2.
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(4) Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(5) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment. (7) Acquiring military equipment through any means not provided by this subdivision.
(b) No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a military equipment use policy.
(c) A state agency that is required to create a military equipment use policy pursuant to this section shall do both of the following within 180 days of completing the policy:
(1) Publish the military equipment use policy on the agency’s internet website.
(2) Provide a copy of the military equipment use policy to the Governor or the Governor’s designee.
7074. The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city, county, or city and county. 7075. Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.
SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:
Requiring local agencies to hold public meetings prior to the acquisition of military equipment further exposes that activity to public scrutiny and enhances public access to information concerning the conduct of the people’s business.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would 92 Item #7.2.
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result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.
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92 Item #7.2.