Mayor
Chris Canning
Vice Mayor
Irais Lopez-Ortega
Councilmembers
Lisa M. Gift
Gary Kraus
Donald Williams
AGENDA
City Council - Regular Meeting
Tuesday, June 21, 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/cityofcalistogahttps://calistoga.civicweb.net/eaengine/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. REPORT FROM CLOSED SESSIONS
3. 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.
3.1. Public Comment Non-Agenda Items - Redacted 6 - 15
4. ADOPTION OF MEETING AGENDA
5. CITY MANAGER’S REPORT
6. PROCLAMATIONS/PRESENTATIONS/ AWARDS
6.1. Update on recent HAA5 measurements in Calistoga's water supply.
Recommended Action: Receive presentation.
Staff Report - Water Measurements for HAA5 - Pdf
16 - 22
7. CONSENT CALENDAR
7.1. Awarding a Construction Contract to Ghilotti Bros. Inc. for the Berry Street Pavement Rehabilitation Project
Recommended Action: Consideration of a Resolution that: 1.
Conditionally awards a construction contract for the base bid and bid alternative to Ghilotti Bros. Inc. for the Berry Street Pavement Rehabilitation Project (Project) in the amount of $502,490, subject to Ghilotti Bros. Inc. providing all documents in satisfaction of the bid award requirements. 2. Approves the Project construction budget in the amount of $605,000 which includes the base bid of $464,850, additive bid alternative of $37,640, and a contingency of 20% for construction management and inspections and authorizes the Public Works Director to negotiate and approve contract change orders up to the approved construction budget amount. 3. Authorizes the City Manager to execute the Project contract on behalf of the City of Calistoga. 4. Directs staff to issue a notice of award to Ghilotti Bros. Inc. and otherwise administer the Project. 5. In the event Ghilotti Bros. Inc. is unable to meet the conditions of award, awards the construction contract to Granite Construction Company conditioned upon Granite Construction Company providing all documents in satisfaction of the bid award requirements.
Staff Report - Awarding a Construction Contract to Ghilotti Bros. Inc. for the Berry Street Pavement Rehabilitation Project - Pdf
23 - 53
7.2. Consider adopting Resolutions calling a General Municipal Election to be held Tuesday, November 8, 2022; requesting consolidation with the Statewide General Election; and pertaining to the submission of Candidates Statements.
54 - 63
Recommended Action: Adopt the Resolutions
Staff Report - Notice and Consolidation of November 2022 General Municipal Election - Pdf
7.3. Consultant Services Agreement with John Draper, P.E.
Recommended Action: Consider a Resolution that: 1. Authorizes Amendment No. 6 to the Consultant Services Agreement with John Draper, P.E., for Consulting Services for Capital Improvement Project Development and Project Management. 2. Authorizes the City Manager to execute Amendment No. 6 to the Consultant Services Agreement No. 724 on behalf of the City of Calistoga.
Staff Report - Consultant Services Agreement (CSA) with John Draper, P.E. - Pdf
64 - 80
7.4. Consider adopting a Resolution Accepting a Notice of Completion for the Foothill Boulevard/Petrified Forest Road Intersection Traffic Signal Project.
Recommended Action: Consider adopting the Resolution.
Staff Report - Notice of Completion for the Foothill Boulevard/Petrified Forest Road Intersection Traffic Signal Project - Pdf
81 - 85
7.5. Consideration of a Resolution adopting the Fiscal Year 2022-23 appropriation limit.
Recommended Action: Consider adopting Resolution
Staff Report - Appropriations Limit for Fiscal Year 2022-23 Budget - Pdf 86 - 93
7.6. Consider adopting a Resolution authorizing the City Manager to execute a Professional Services Agreement with Marin IT for Information Technology Services in an amount not to exceed $155,734 over the course of the fiscal year.
Recommended Action: Adopt the resolution.
Staff Report - Professional Services Agreement with Marin IT - Pdf 94 - 122
7.7. Consider adopting a Resolution approving Operating and Capital Improvement Budget adjustments for Fiscal Year 2021-22.
Recommended Action: Adopt Resolution
Staff Report - Fiscal Year 2021-22 Year End Budget Adjustments - Pdf 123 - 133
8. PUBLIC HEARING
None
9. GENERAL GOVERNMENT
9.1. First Amendment to Agreement for City Attorney Services Recommended Action: Consider Adopting a Resolution Authorizing and Approving First Amendment to Agreement for City Attorney Services with Burke, Williams & Sorensen, LLP.
Staff Report - First Amendment to Agreement for City Attorney Services - Pdf
134 - 139
9.2. Consider adopting a Resolution adopting the City of Calistoga Fiscal Year 2022-23 Operating and Capital Improvement Budgets.
140 - 328
Recommended Action: Adopt Resolution
Staff Report - Final Budget 06-21-22 (002)
Attach 1 Resolution Adoption Budget
Att 2 Part 1 Proposed Fiscal Year 2022-23 Budget
Att 3 Part 2 Proposed Fiscal Year 2022-23 Budget
Att 4 Part 3 Proposed Fiscal Year 2022-23 Budget
Att 5 Major Capital Project Budget
Att 6 Equipment and Information Technology Projects
Att 7 Debt Schedule
Not Available Placeholder - Budget
9.3. Consider canceling the July 5, 2022, Regular City Council Meeting.
Recommended Action: Cancel the July 5, 2022 city council meeting.
Staff Report - Cancellation of the July 5, 2022 Council Meeting. - Pdf 329
9.4. Consideration of a resolution related to Green Initiatives, Calistoga Green Committee, and associated budget for FY 22-23.
Recommended Action: Consider adopting a Resolution (Green Committee Roles, Duties and Responsibilities, and Green Initiatives for FY 22/23).
Staff Report - Green Initiatives - Pdf
330 - 334
10. COUNCIL REQUESTS AND IDEAS FOR DISCUSSION
11. 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 June 14, 2022, by 4:30 p.m.
Marni Rittburg
From:
Sent:
To:
Subject:
Stephanie Duff-Ericksen
Monday, June 20, 2022 1 :28 PM
Marni Rittburg
1255 Lincoln
Additional ? tings ..., Meeting of ., ;.l [, d\ ;i,
ftemNo. 3
Distributed on Dais ?,. ,;zJ, ;;t.~
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.
Save the landmark mural. Please. -
Stephanie Duff~ Ericksen
1 Item #3.1.
Marni Rittburg
From:
Sent:
To:
Subject
Helen Yost
Monday, June 20, 2022 4:59 PM
Marni Rittburg
Mural
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.
Love that mural.
Sent from my iPhone
1 Item #3.1.
Marni Rittburg
From:
Sent:
To:
Subject:
Karen Lynn Ingalls
Tuesday, June 21, 2022 8:40 AM
Marni Rittburg
Re: 1255 Lincoln Avenue & Carlo Marchiori's mural - Save the mural! 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 Ms. Rittburg,
After sending my previous email, I learned that it was slightly in error. I learned that the building is not proposed for demolishing, but that Carlo Marchiori's mural is still proposed to be destroyed. I also learned that Carl Dene, the building's owner, is currently talking to Carlo about diminishing the mural in some way.
I also learned that it's not up for public comment or response - though I believe it should be! If you have already forwarded my previous email to the City Council and Planning Commission member, could you please forward this follow-up and correction?
I'm writing in support of the mural. We are so fortunate to have it here in Calistoga, by an internationally known artist and Calistoga treasure I It is, as noted by Brooke Oliver, Esq., a San Francisco attorney writing about the Visual Artists Rights Act (VARA) of 1990:
" ... accessible fine art, available without the price of admission to a museum. These modern masterpieces unexpectedly reach out from neighborhood walls to touch those who pass by, inspiring silent prayers, connections with cultural history, a laugh .... " *
This mural, as are the others Carlo created for the city out of his love of Calistoga, is beloved by both locals and tourists.
It includes elements of Calistoga's cultural history, with the image of distinctive Brannon cottage architecture combined with the horses from Sam Bran nan's livery stables (perhaps racehorses here to participate in the races he staged to bring visitors here!).
Carlo has combined them in a humorous, whimsical pairing that makes you smile. Horses on the porch? Oh my! They're having a good time.
And this classically painted, museum quality mural is exceptionally beautiful I How could anyone possibly feet Calistoga would be better off without it?
And, as I said before, Mr. Dene knew the mural was there when he bought the building - surely as a student of architecture and design, he must recognize its beauty, and he must realize its significance here in our town. If not, I hope hearing from Calistogans think who have learned about this will help him see that.
I am not a legal expert, but I would suggest that Carlo has rights granted by VARA that definitely need to be addressed.
This mural was not done for commercial purposes, but as a gift to the city - we need to honor it! I was also able to view the images of the new proposal, and wondered a couple of things:
• Could Mr. Dene simply put new siding on the other sides of the building, leaving the mural alone? 1 Item #3.1.
• Also - it looks as though the parking lot is being proposed to turn into an outdoor eating-and-drinking area. Can we afford to lose more parking there? There's not enough parking as it is, especially when the town's full.
Carlo's mural is a much-beloved, museum-quality mural, given to Calistogans out of his generosity and love of our town, and should be recognized, appreciated, and preserved. Please don't allow it to be destroyed in any way! Sincerely,
Karen Lynn Ingalls
cc: Laura Snideman, Brad Cannon
* Brooke Oliver, Esq.; "Art On & Off the Wall - Rights of Integrity & Attribution in Murals & Sculptures;" at: htt ps://brookeoliver. lawyer/wp-content/uploads/2015/01/ART ON AND OFFTHEWALL2003-mura lists-moralrights-ABA-2003 Final.pdf Karen Lynn Ingalls
www.NapaValleyArtWorkshops.com
On Jun 20, 2022, at 11:28 AM, Karen Lynn Ingalls wrote:
Dear Ms. Rittburg,
Could you please forward this to all City Council members and Planning Commissioners? Thank you VERY much!
I just learned that the current owner of 1255 Lincoln Avenue has filed for a permit to demolish the building. I am writing in absolute opposition to this.
The current owner clearly knew there was a well-loved mural on the building when they bought it, and must have had some sense that it was something of a landmark in this community.
That is what they bought, and that is what they should respect and preserve. Does this owner really care so little about Calistoga's character and identity - of which this mural is an important part? In addition to being a beautiful rnural, with the beautiful artwork of fabled Calistoga artist Carlo Marchiori, it represents the historic livery stables that were an important part of Sam Bran nan's original development of Calistoga.
What are they thinking? If they didn't want it, they should have bought a different building. I have just learned about this, but I am sure once the word gets out, you will hear a lot about this from many Calistogans who love this building, the beauty of its mural, and Calistoga's history and heritage. 2 Item #3.1.
I ask that you reject their permit application.
Sincerely yours,
Ka ren Lynn Ingalls
Karen Lynn Ingalls
www.KarenLynnlngalls.com
ksnops.com
3 Item #3.1.
Marni Rittburg
From:
Sent:
To:
Subject:
Tony Banthutham
Tuesday, June 21, 2022 12:27 PM
Marni Rittburg
Saving Horses Mural
CAUTION: This emai1 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 City Councils,
We appeal to Calistoga residents and City Councils for their consideration and support for the preservation of the " Horses Mural" seen from the Lincoln Avenue bridge.
A new owner of 1255 Lincoln Ave. intends to renovate the building and possibly remove or cover the mural.
The "Horses Mural" was presented 18 years ago by artist Carlo Marchiori, pro bono, and has been admired, photographed and is great PR for the town. The mural is accepted as "Calisto~a history" and as an interpretation of"Sam Brannan's Stable", which complements the current marketing trend of the "Brannan Theme".
The mural occupies part of the rear side of the building, away from the main and side entrances of the proposed shop/tasting room and would harmonize well with the future renovation.
Eighteen years ago, the proposed sketch for the mural was questioned by the Design Review Board for fear that it would promote graffiti vandalism" in the town. After an appeal by Carlo, with massive sup_port of the community, it was approved. He finally executed the artwork that was accepted enthusiastically.
Carlo _perso1;1ally feels that he gave a bit of his soul to Calistoga. He w9uld further contribute to the town by design mg the facade of the Sharr,steen Museum and decorating the walls of the alley next to the former Bank of.America. He built Ca Toga Gallery, a unique Renaissance style edifice at 1206 Cedar St.
If the mural goes, a soulful touch of talent will disappear. Adios to the good old days! Tony Banthutham
Carlo Marchiori
Ca' Toga Gallery
Sent from my iPhone
Ca'Toga Galleria d'Arte
~
1206 Cedar St.,
1 Item #3.1.
*Ca'Toga Galleria d'Arte*
1206 Cedar Street, Calistoga, CA 94515
Tel:
----
~
Fax: 707-942-3939
Ca' Toga Galleria D'
Arte newsletter <http:{/ catoga.com/signupform.html>
Please consider the impact to the
environment and your responsibility before printing this e-mail This. e-mail message, including any files transmitted with it, is for the sole use of the intended rec!Pients and may contain confidential and (>rivile~ed information. Any unauthorized reproduction., disclosure or distribution of the contents of this emrul is not permitted. If you receive this e-mail message in error, please immediately notify the sender by replymg to this e-mail or by telephone.
2 Item #3.1.
Marni Rittburg
From:
Sent
To:
Cc:
Subject:
ga bla
Tuesday, June 21 , 2022 2:20 PM
Building Department; Planning & Building; Laura Snideman; Planning & Building; Marni Rittburg
Fw: save the mural keep it rural
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.
Greetings All:
I believe this mural is classified as "public art" thereby is afforded protection from destruction. "Nestled within the Copyright Act, the Visual Artists Rights Act ("VARA") provides added protections for the creator of a visual artwork in the integrity, attribution, and display of their work as an extension of the artist and their reputation.Jun 18,2021"
Until this can be explored further, I feel it appropriate to table the request to demolish the building on which this art is displayed. It is a part of Calistoga and has been for decades.
Thank you,
Jeri Hansen
Calistoga
----- Forwarded Message -----
From: vonne hen
To:
Sent: Monday, June 20, 2022, 10:18:45 AM PDT
Subject: save the mural keep it rural
1 Item #3.1.
Thought you would be interested to know ...
If you want to save this mural you must act today.
The property owner of 1255 Lincoln Avenue has filled for a permit to demolish this building. If you feel the city should protect this historic mural then you must contact the city ASAP as decision is about to me made ..
Mitchem, Jeff Planning & Building Director;
[email protected]
Planninq&[email protected]
Laura Snideman, City Manager
Email: [email protected]
Cannon, Brad
Planning&[email protected]
City Clerk: Marni Rittburg, CMC
Email: [email protected]. us
to be forwarded to all city council members and
a planning commissioners
please forward as you see fit
2 Item #3.1.
thank you
3 Item #3.1.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Jun 21 2022
Subject: Water Measurements for HAA5
DESCRIPTION:
Update on recent HAA5 measurements in Calistoga's water supply.
RECOMMENDATION:
Receive presentation.
BACKGROUND/SUMMARY:
Staff has prepared a presentation to inform the council and public of the status of the recent HAA5 measurements in Calistoga's water supply and related plans.
CEQA STATUS:
The presentation is exempt from CEQA.
FINANCIAL IMPACT:
While no action will be taken as part of this presentation, the FY 2022-23 budget includes the following related expenditures: FY22/23 $52,000 in Water Distribution Account # 12-5551-4905- 4915 and $150,000 in Water Treatment Account # 12-5574-4905-4915.
ATTACHMENT(S):
1. PowerPoint Presentation
APPROVAL(S):
Derek Rayner, Public Works Director/City Engineer Approved - Jun 09 2022 Gloria Leon, Administrative Services Director Approved - Jun 09 2022 Laura Snideman, City Manager Approved - Jun 14 2022
Marni Rittburg, City Clerk Approved - Jun 14 2022
Item #6.1.
1 Halo acetic Acids (HAA5)
in Drinking Water
City Council Meeting
Tuesday, June 21, 2022
ATTACHMENT 1
Item #6.1.
2 HAA5 Formation & Recent
Measurements
Stage II DBPs -
HAA5/TTHM
Caused by Organic
Compounds reacting with
Chlorine disinfection
Water Safe to Drink and
this is Not An Emergency
Item #6.1.
3 Why Is It Occurring
• Drought – Low
Reservoirs
• Fires – Dixie
Glass/LNU
• Drought – Not able
to flush full system
• Intake Barker
Slough
• FY 21/22 Schedule & 10-
yr Outlook
Item #6.1.
4 Solutions
• State Water Resource Control
Board – Division of Drinking
Water Corrective Action Plan
and recent meeting
• Trussell Technology’s
• Temporary Granulated
Activated Carbon
• Additional Testing & System
modifications
• Napa Water Challenges
• Dunaweal Pump Improvement
project
Item #6.1.
5 Timeline & Costs
• FY22/23 - $52,000 Trussell Study
• Temp Filtering $150,000
• Dunaweal Pump Improvement Project
• HMGP Grant application in 2018 (75/25)
• Permanent Solution $2,000,000
• 4 to 5 years
Item #6.1.
6 Spreadsheet Tracking
Item #6.1.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Jun 21 2022
Subject: Awarding a Construction Contract to Ghilotti Bros. Inc. for the Berry Street Pavement Rehabilitation Project
DESCRIPTION:
Awarding a Construction Contract to Ghilotti Bros. Inc. for the Berry Street Pavement Rehabilitation Project
RECOMMENDATION:
Consideration of a Resolution that:
1. Conditionally awards a construction contract for the base bid and bid alternative to Ghilotti Bros.
Inc. for the Berry Street Pavement Rehabilitation Project (Project) in the amount of $502,490, subject to Ghilotti Bros. Inc. providing all documents in satisfaction of the bid award requirements.
2. Approves a total construction budget in the amount of $605,000 that includes contract award amount of $502,490 plus a 20% contingency to cover additional construction management and inspections costs and authorizes the Public Works Director to negotiate and approve contract change orders up to the approved amount.
3. Authorizes the City Manager to execute the Project contract on behalf of the City of Calistoga.
4. Directs staff to issue a notice of award to Ghilotti Bros. Inc. and otherwise administer the Project.
5. In the event Ghilotti Bros. Inc. is unable to meet the conditions of award, awards the construction contract to Granite Construction Company conditioned upon Granite Construction Company providing all documents in satisfaction of the bid award requirements.
BACKGROUND/SUMMARY:
Berry Street spans three blocks between Washington Street and Foothill Boulevard and consists of an asphalt and concrete pavement section in very poor condition. The 2022 Pavement Management Report calculated the pavement condition index as 20, 29, and 68 for the three blocks on a scale of 100. The proposed rehabilitation will be accomplished by grinding the existing asphalt and placing two to three inches of new asphalt depending on the location. In addition, the two concrete intersections at Myrtle Steet and Cedar Street will be sawcut, removed, and replaced with an asphalt plug to improve existing grades. The project will also replace a section of damaged curb, and gutter, refresh crosswalks in the project area, and upgrade curb ramps to meet current ADA standards.
Item #7.1.
Project plans and specifications were prepared in-house. The Project was advertised for bid in April 2022. The Engineer’s Estimate for the base bid project was $466,251. On May 26, 2022, four base bids were received as summarized below:
Ghilotti Bros Inc $464,850 San Rafael
Granite Construction Company $474,539 Ukiah
Argonaut Constructors $477,125 Santa Rosa
Maggiora & Ghilotti $479,479 San Rafael
Staff has reviewed the low bid from Ghilotti Bros. Inc., performed due diligence, and performed reference checks. Based on this review staff recommends that the City Council find Ghilotti Bros. Inc. to be the lowest responsive and responsible bidder.
CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:
The project conforms to Council Goal 3, objective 5 - ”…improve and maintain City infrastructure…Support street maintenance and repair”.
CEQA STATUS:
The project involves the replacement and reconstruction of existing street infrastructure. The facility will be located on the same site and will have the same purpose and capacity as the original infrastructure with no expansion in capacity. As such the project is exempt from the provisions of the California Environmental Quality Act pursuant to Title 14, the California Code of Regulations, Section 15302(c).
FINANCIAL IMPACT:
The Project is included in both the FY 2021/22 and FY2022/23 Pavement and Maintenance CIP Budgets, Account No. 01-5402-4905-4915, and 01-5610-4915. The total amount available in the Pavement and Maintenance budget is $917,00 (FY21/22) and $947,000 (FY22/23) and the total project costs of $605,000 are well within available budget.
Almost 70 percent of the Pavement and Maintenance budget is provided from State, County tax revenues (i.e. Measure T, SB1). The remaining 30% is provided by the General Fund.
ATTACHMENT(S):
1. Draft Resolution
2. Contract Proposal
3. Contract for Construction
Item #7.1.
RESOLUTION NO. 2022-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF
NAPA, STATE OF CALIFORNIA, CONDITIONALLY AWARDING A CONSTRUCTION CONTRACT TO GHILOTTI BROS. INC. AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT WITH A BUDGET IN THE AMOUNT OF $605,000
FOR THE BERRY STREET PAVEMENT REHABILITATION PROJECT
WHEREAS, the City’s Pavement Management Report identified Berry Street as needing reconstruction; and
WHEREAS, the City’s FY21/22 and FY22/23 CIP Budget for Pavement and Maintenance contains $917,00 (FY21/22) and $947,000 (FY22/23) and the total project costs of $605,000 are well within available unencumbered appropriations for paving projects under Account No. 01-5402-4905-4915, 01-5610-4915 and WHEREAS, the Project is exempt from the provisions of the California Environmental Quality Act pursuant to Title 14, the California Code of Regulations, Section 15302(c); and
WHEREAS, a request for bids was circulated on April 13, 2022, and four bids were received by the City, with the low bidder being Ghilotti Bros. Inc. with the base bid in the amount of $464,850 and the second lowest bid was from Granite Construction Company with the base bid in the amount of $474,539; and
WHEREAS, City staff has confirmed that the bid from Ghilotti Bros. Inc. satisfies the bidding requirements for the Project as described in the bid instructions; and WHEREAS, staff has determined that Ghilotti Bros. Inc. possesses the required license(s) for this Project and is otherwise qualified to perform the Project in accordance with the Contract documents; and
WHEREAS, staff has determined that Granite Construction Company also possesses the required license(s) for this Project and is otherwise qualified to perform the Project in accordance with the Contract documents; and
WHEREAS, staff has reviewed the bid from Ghilotti Bros. Inc. and recommends that the City Council find that Ghilotti Bros. Inc. is the lowest responsible and responsive bidder; and
WHEREAS, a contract be awarded to Ghilotti Bros. Inc. for the base bid and bid alternative in the amount of $502,490; and
WHEREAS, approve a total construction budget in the amount of $605,000 that includes contract award amount of $502,490 plus a 20% contingency to cover additional construction management and inspections costs and authorizes the Public Works Director to negotiate and approve contract change orders up the approved amount.
ATTACHMENT 1
Item #7.1.
Resolution No. 2022-XXX
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY find the following:
1. Finds that the bid from Ghilotti Bros. Inc. is the lowest responsive bid and is a responsible bidder and waives any and all minor bid irregularities.
2. Approves the Project Plans, Specifications and Construction Documents.
3. Approves a total construction budget in the amount of $605,000 that includes contract award amount of $502,490 plus a 20% contingency to cover additional construction management and inspections costs and authorizes the Public Works Director to negotiate and approve contract change orders up to the approved amount.
4. Authorizes expenditures from the FY 2021/22 and FY2022/23 Pavement and Maintenance CIP Budgets, Account No. 01-5402-4905-4915, and 01-5610-4915 in the amount of $605,000.
5. Awards the construction contract to Ghilotti Bros. Inc. for the base bid and bid alternative in the amount of $502,490 for construction of the Berry Street Pavement Rehabilitation Project conditioned upon Ghilotti Bros. Inc. providing all documents in satisfaction of the bid award requirements.
6. Authorizes the City Manager to execute the Contract on behalf of the City of Calistoga.
7. Directs staff to issue a notice of award to Ghilotti Bros. Inc. and otherwise administer the Project.
8. In the event Ghilotti Bros. Inc. is unable to satisfy the bid award requirements, awards the construction contract to Granite Construction Company under the same requirements, and authorizes the commensurate increase in expenditures from CIP Account No. 01-5402-4905-4915, and 01-5610-4915 to fund the Project.
Item #7.1.
Resolution No. 2022-XXX
PASSED, APPROVED AND ADOPTED this 21st day of June, 2022. I, MARNI RITTBURG, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
____________________________ __________________________ Marni Rittburg, CMC, City Clerk Chris Canning, Mayor
Item #7.1.
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31 CONTRACT FOR CONSTRUCTION
BERRY STREET PAVEMENT REHABILITATION PROJECT
THIS CONTRACT FOR CONSTRUCTION is made and entered into this ____ day of ___________, 2021 by and between the City of Calistoga, a municipal corporation, (hereinafter referred to as “City”) and _____________________________________, a California corporation, located at ________________________________, (hereinafter referred to as “Contractor”).
The City and the Contractor agree as follows:
(1) CONTRACT SUM: The City agrees to pay, and the Contractor agrees to accept, in full payment for the above work, the sum of _____________________________________ dollars ($________________) is to be paid in accordance with the Contract Documents. (2) COMPLIANCE WITH LAW: The City is a public agency. All provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and will be complied with by the Contractor.
(3) CONTRACT DOCUMENTS: The following Contract Documents relating to this Contract for Construction are hereby made a part of and incorporated by reference into this Agreement: The Notice Inviting Bids, Information for Bidders, Contract Proposal, Faithful Performance Bond, Labor and Materials Payment Bond, General Conditions, Supplemental Conditions, Special Provisions, Technical Specifications, State of California Department of Transportation Standard Plans and Specifications, 2015 edition, City of Santa Rosa Design and Construction Standards, most recent version, the Project Plans, duly issued addenda, duly issued interpretations, approved change orders, preliminary construction schedule, Contractor’s guarantee and bond, and supplemental agreements, certifications, and endorsements applicable to this work, with all modifications incorporated in said documents prior to receipt of the Contract Proposals. Any work called for in one contract document not mentioned in another is to be performed and executed the same as if mentioned in all Contract Documents.
This Agreement (including all documents referred to above and incorporated herein) represents the entire and integrated Agreement between City and Contractor for the Project and supersedes all prior negotiations, representations, or agreements, either written or oral.
This document may be amended only by written instrument, as provided in the General Conditions.
Contractors are required by law to be licensed and regulated by the Contractor’s State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation.
A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor ATTACHMENT 3Item #7.1.
32 may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.
This Agreement is effective upon approval by the City Council, execution by the Contractor and concurrence by the Agency’s designated representative.
CITY OF CALISTOGA ,
a California Corporation
By: By:
Laura Snideman, City Manager (Authorized Representative of Contractor) Dated: ________________________ Printed Name:
ATTEST: Title:
(Attach Acknowledgment for Authorized
Representative of Contractor)
Marni Rittburg, City Clerk Date: __________________ _______ (Contractor signatures must be notarized.)
Item #7.1.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Marni Rittburg, City Clerk
Meeting: City Council - Jun 21 2022
Subject: Notice and Consolidation of November 2022 General Municipal Election DESCRIPTION:
Consider adopting Resolutions calling a General Municipal Election to be held Tuesday, November 8, 2022; requesting consolidation with the Statewide General Election; and pertaining to the submission of Candidates Statements.
RECOMMENDATION:
Adopt Resolutions
BACKGROUND/SUMMARY:
In accordance with the California Elections Code and City of Calistoga Municipal Code, the City holds a general municipal election on the first Tuesday after the first Monday in November of each evennumbered year for the purpose of electing municipal officers. This being an even-numbered year, a general municipal election shall be held on November 8, 2022, for the purpose of electing a Mayor for a two-year term and two Members of City Council, each for a four-year term.
The California Election Code requires the Council adopt a resolution calling and giving notice to the holding of the general municipal election (Attachment 1). In addition to the resolution calling the November 8, 2022 General Municipal Election, staff recommends Council request consent from the Napa County Board of Supervisors to consolidate the General Municipal Election with the Statewide General Election and for the Registrar of Voters to render specific services to the City related to the conduct of the Election (Attachment 2).
State law also requires Council adopt by resolution regulations pertaining to candidates statements (Attachment 3). Consistent with past elections and State law, candidates will pay a deposit in the amount of $688 to cover the estimated costs associated with printing and translating the optional candidates statements.
Pursuant to California Elections Code the City Clerk shall publish once, a notice of General Municipal Election for Candidates once, no earlier than the 127th or later than the 113th day prior to the Election (between July 4, 2022 – July 18, 2022).
The nomination period opens at 8:00 a.m. Monday, July 18, 2022, and closes at 5:00 p.m. Friday, August 12, 2022. Should the incumbent Mayor or a Councilmember not seek reelection, the nomination period for that office will extend to Wednesday, August 17, 2022, for any qualified candidate with the exception of the incumbent. Interested candidates should contact the City Clerk to Item #7.2.
schedule an appointment. Other dates and deadlines can be found on the November 8, 2022, Municipal Election Calendar (Attachment 4).
CEQA STATUS:
This item is exempt.
FINANCIAL IMPACT:
The estimated cost of the November 8, 2022, General Municipal Election is approximately $40,000 from Account Number 01-4133 in FY 2022-23.
ATTACHMENT(S):
Calling for Election Reso - Attachment 1
Election Consolidation Reso - Attachment 2
Election Candidate Statements Reso - Attachment 3
Elections Calendar - Attachment 4
APPROVAL(S):
Gloria Leon, Administrative Services Director Approved - Jun 10 2022 Laura Snideman, City Manager Approved - Jun 14 2022
Marni Rittburg, City Clerk Approved - Jun 14 2022
Item #7.2.
ATTACHMENT 1
RESOLUTION NO. 2022-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY
OF NAPA, STATE OF CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUSEDAY, NOVEMBER 8, 2022, FOR THE
ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE
LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES WHEREAS, under the provisions of the laws relating to the general law cities in the State of California, a General Municipal Election shall be held on November 8, 2022, for the election of Municipal Officers.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities there is called and ordered to be held in the City of Calistoga, California, on Tuesday, November 8, 2022, a General Municipal Election for the purpose of electing a Mayor to a full term of two (2) years and two (2) Members of the City Council to a full term of four (4) years.
Section 2. That the ballots to be used at the election shall be in form and content as required by law.
Section 3. That the City Clerk is authorized, instructed and directed to coordinate with the County of Napa Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.
Section 4. That the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, pursuant to Election Code § 10242, except as provided in §§ 14212, 14401 of the Elections Code of the State of California.
Section 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.
Section 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.
Section 7. That in the event of a tie vote (if any two or more persons receive an equal and the highest number of votes for an office) as certified by the County of Napa Registrar of Voters, the City Council, in accordance with Election Code § 15651(b), shall conduct a special runoff election to resolve the tie vote and such special runoff election is to be held on a Tuesday not less than 40 days nor more than 125 days after the administrative or judicial certification of the election which resulted in a tie vote.
Item #7.2.
Resolution No. 2022-XXX
Section 8. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
Section 9. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.
PASSED, APPROVED AND ADOPTED this 21st 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:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
____________________________ _____________________________ Marni Rittburg, City Clerk Chris Canning, Mayor
Item #7.2.
ATTACHMENT 2
RESOLUTION NO. 2022-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF
NAPA, STATE OF CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF
THE COUNTY OF NAPA TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO §10403 OF THE ELECTIONS CODE WHEREAS, the City Council of the City of Calistoga called a General Municipal Election to be held on November 8, 2022, for the purpose of the election of a Mayor to a full term of two (2) years and two (2) Members of the City Council to a full term of four (4) years; and WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the city the precincts, polling places (vote centers) and election officers of the two elections be the same, and that the county election department of the County of Napa canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That pursuant to the requirements of §10403 of the Elections Code, the Board of Supervisors of the County of Napa is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 8, 2022, for the purpose of electing a Mayor to a full term of two years and two Members of the City Council to a full term of four years.
Section 2. That the county election department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide election.
Section 3. That the Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary for the holding of the consolidated election.
Section 4. That the City of Calistoga recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs.
Section 5. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the county election department of the County of Napa.
Section 6. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
Item #7.2.
Resolution No. 2022-XXX
PASSED, APPROVED AND ADOPTED this 21st 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:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
____________________________ _____________________________ Marni Rittburg, City Clerk Chris Canning, Mayor
Item #7.2.
ATTACHMENT 3
RESOLUTION NO. 2022-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF
NAPA, STATE OF CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR
ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUSEDAY, NOVEMBER 8, 2022 WHEREAS, §13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidates statement.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. GENERAL PROVISIONS. That pursuant to §13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of Calistoga on Tuesday, November 8, 2022, may prepare a candidate’s statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form, signed by the candidate, in the office of the City Clerk at the time the candidate’s nomination papers are filed.
In addition, the City Clerk shall request that candidates submit their statement in electronic format immediately before or after filing nomination papers, with the goal of improving efficiency in typesetting the statement and assuring fidelity in reproduction of the statement. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.
Section 2. FOREIGN LANGUAGE POLICY.
A. Pursuant to the Federal Voting Rights Act, candidates statements will be translated into all languages required by the County of Napa. The County is required to translate candidate’s statements into Spanish.
B. The County will mail separate voter information guides and candidates statements in Spanish to only those voters who are on the county voter file as having requested a voter information guide in Spanish. The County will make the voter information guides and candidates statements in the required languages available at all polling places (vote centers), on the County’s website, and in the Election Official’s office.
Section 3. PAYMENT.
A. Translations
1. The candidate shall be required to pay for the cost of translating the candidates statement into any required foreign language as specified in Section 2 above, pursuant to Federal and/or State law
2. The candidate shall be required to pay for the cost of translating the candidates statement into any foreign language that is not required as specified in Section 2 above, pursuant to Federal and/or State law, but is requested as an option by the candidate.
Item #7.2.
Resolution No. 2022-XXX
B. Printing
1. The candidate shall be required to pay for the cost of printing the candidates statement in English in the main voter pamphlet.
2. The candidate shall be required to pay for the cost of printing the candidates statement in a foreign language required in Section 2(A) above, in the main voter pamphlet.
3. The candidate shall be required to pay for the cost of printing the candidates statement in a foreign language requested by the candidate per Section 2(B) above, in the main voter pamphlet.
The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidates statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the City a deposit in the amount of the estimated cost as a condition of having his or her statement included in the voter’s pamphlet. The estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the City Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the City Clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the City Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.
Section 4. MISCELLANEOUS.
A. All translations shall be provided by professionally-certified translators.
B. The City Clerk shall allow (bold type) (underlining) (capitalization) (indentations) (bullets) (leading hyphens) to the same extent and manner as allowed in previous City elections.
C. The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections.
Section 5. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the voter information guide.
Section 6. That the City Clerk shall provide each candidate or the candidate’s representative a copy of this Resolution at the time nominating petitions are issued.
Section 7. That all previous resolutions establish Council policy on payment for candidates statements are repealed.
Section 8. That this resolution shall apply at the next ensuing municipal election and at each municipal election after that time.
Item #7.2.
Resolution No. 2022-XXX
PASSED, APPROVED AND ADOPTED this 21st 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:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
____________________________ _____________________________ Marni Rittburg, City Clerk Chris Canning, Mayor
Item #7.2.
City of Calistoga
General Municipal Election Calendar
November 8, 2022
July 4 – July 18
Election Official to Publish Notice of Election - Candidates July 11 Last Day to Adopt Regulations for Candidates Statements July 18 – August 12 Filing Period for Nomination Papers and Candidates Statements August 12 – 5:00PM Last Day to File Nomination Papers – Note that Candidate Statements and Nomination Papers are Confidential Until Close of Nomination Period August 17 Last Day to File Nomination Papers if Extended Period Applies – Extended Filing Period ONLY if incumbent Fails to File
August 18 Secretary of State to Determine Order of Names on the Ballot August 22 OR August 29 Close of 10-day public review period for Candidates Statements September 12 – October 25 Filing Period for Write-In Candidates September 29 Candidates: Last Day to File Campaign Expenditure Statements – 1st PreElection Statement (7.1.22 – 9.24.22) October 10 First Day for Mailing Permanent Vote and Mail Voter Ballots October 10 – November 1 Voters May Request Vote by Mail Ballots with Regular Applications October 24 Last Day to Register to Vote
October 25 Last Day to File for Write-In Candidate
October 27 Candidates: Last Day to File Campaign Expenditure Statements – 2nd PreElection Statement (9.25.22 – 10.22.22) November 1 Last Day for Election Official to Publish Notice of Nominees November 8 ELECTION DAY
November 15 Election Signs Must be Removed
December 8 Last Day for County to Certify Results
December 8 - December 23 City to Declare Results, Reorganize Council and Choose Vice Mayor Item #7.2.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Jun 21 2022
Subject: Consultant Services Agreement (CSA) with John Draper, P.E.
DESCRIPTION:
Consultant Services Agreement with John Draper, P.E.
RECOMMENDATION:
Consider a Resolution that:
1. Authorizes Amendment No. 6 to the Consultant Services Agreement with John Draper, P.E., for Consulting Services for Capital Improvement Project Development and Project Management.
2. Authorizes the City Manager to execute Amendment No. 6 to the Consultant Services Agreement No. 724 on behalf of the City of Calistoga.
BACKGROUND/SUMMARY:
John Draper is a registered Civil Engineer with over 35 years of public/private experience and has assisted the city since 2017 in delivering several Capital Improvement Projects (CIP) along with grant applications. His original Consultant Services Agreement was approved by City Council on June 17, 2017, for $50,000 and because of his continued good service his agreement was extended by council five additional times for a total now of $561,760 in professional services (amendment No. 5, 05/18/21).
His Amendment No. 5 is almost exhausted, and staff is recommending approval of Amendment No. 6 in the amount of $140,000 for a total contract amount not to exceed $701,760.
John provides much needed support for the Department of Public Works and will be focusing his attention on the following ongoing and upcoming projects: Completing design/bid/CM for Brannon/Lincoln Flashing Beacon, Cedar St Pavement project, Washington St Pavement & utility project, Berry and Grant Street, providing some development review/plan check services, grant assistance, and project management services.
Additionally, John has assisted the department in preparing grant applications and had recent success with an MTC grant for $150,000 for Logvy Park improvements. He put together a recent BAAQMD application for car charging stations and assists in quarterly reporting for various other projects that are grant funded that staff needs continued assistance with, especially with all the upcoming grant work this next fiscal year.
Without renewal of John Draper’s CSA, the Departments ability to deliver CIP projects that benefit the community will be significantly impacted. Staff is recommending the CSA Amendment No. 6 be approved.
Item #7.3.
CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:
The project conforms to Council Goal No. 3: Establish, improve, and maintain City infrastructure.
CEQA STATUS:
That the recommend action is not a project under the definitions contained in the Guidelines of the California Environmental Quality Act (CEQA) and is therefore exempt from CEQA.
FINANCIAL IMPACT:
The additional amount for Mr. Drapers services will cost $140,000 and be funded through appropriations in Account No. 01-5402-4905-4915 (Pavement Maintenance) and other CIP accounts depending on the actual CIP project his services are utilized on. The FY21/22 and proposed Capital Improvement Project budget for FY22/23 includes funding to cover his agreement costs.
ATTACHMENT(S):
1. Draft Resolution
2. Agreement for Consultant Services, Amendment No. 6
Item #7.3.
RESOLUTION NO. 2022-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF NAPA, STATE OF CALIFORNIA, AUTHORIZING AMENDMENT NO. 6 TO THE CONSULTANT SERVICES AGREEMENT (CSA) WITH JOHN DRAPER, P.E. FOR
CONSULTING SERVICES FOR CAPITAL IMPROVEMENT PROJECT
DEVELOPMENT AND PROJECT MANAGEMENT IN AN AMOUNT NOT TO EXCEED $140,000 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT
WHEREAS, On June 21, 2017, Council approved a Consultant Services Agreement with John Draper, P.E. in the amount of $50,000. On May 15, 2018, Amendment No. 1 in the amount of $50,000 was approved, November 20, 2018, Amendment No. 2 in the amount of $135,330 was approved, November 5, 2019, Amendment No. 3 in the amount of $126,880 was approved, November 17, 2020, Amendment No. 4 in the amount of $69,550 was approved, and on May 18, 2021, Amendment No. 5 in the amount of $130,000 was approved for engineering management services related to capital projects, including obtaining proposals from engineering design firms, preparing bid documents, managing project construction, and performing various project related tasks; and
WHEREAS, additional projects are planned for the remainder of FY21/22 and FY22/23 that require these services to ensure timeliness and successful completion of capital projects; and WHEREAS, staff recommends entering into Amendment No. 6 to the Consultant Services Agreement for additional engineering and construction management services in an amount not to exceed $140,000 based on Purchase Orders or Task Orders approved by the Public Works Director.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY find the following:
1.) Authorizes the City Manager on behalf of the City of Calistoga to execute Amendment No. 6, to the Consulting Services Agreement No. 724 with John Draper, P.E. in an amount not to exceed $140,000 for capital improvement project development and project management for a total Agreement cost not to exceed $701,760.
2.) Authorizes appropriations in Account No. 01-5402-4905-4915 (Pavement Maintenance) and other CIP accounts depending on the actual CIP project his services are utilized on.
PASSED, APPROVED AND ADOPTED this 21st 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:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
_____________________________ __________________________ Marni Rittburg, CMC, City Clerk Chris Canning, Mayor
ATTACHMENT 1Item #7.3.
- 1 -
AGREEMENT FOR CONSULTANT SERVICES
(Authorizing Agreement No. 724-06, Amending Agreement No. 724) This Agreement for Consultant Services (the "Agreement") is made and entered into this _____________ day of _______________, 2022, by and between THE CITY OF CALISTOGA, a municipal corporation (hereinafter referred to as "CITY") and John Draper, P.E. [a sole proprietorship, partnership, limited liability partnership, corporation, limited liability corporation] (hereinafter referred to as "CONSULTANT"). CITY and CONSULTANT may be referred to individually as “Party” and collectively as the “Parties.”
RECITALS
WHEREAS, CITY requires additional engineering management, grant assistance and construction management services in connection with Capital Improvement Project Development and Project Management;
WHEREAS, CONSULTANT is qualified to perform such services; and WHEREAS, CONSULTANT has agreed to provide CITY with such services on the terms and conditions set forth herein.
NOW, THEREFORE, for the considerations hereinafter set forth, CONSULTANT and CITY agree as follows:
ARTICLE 1 - SCOPE OF SERVICES
1.1. Scope of Work. CONSULTANT agrees to furnish the services set forth in Exhibit A, Scope of Work, which is attached hereto and incorporated herein (the "Services").
1.2. Compliance with Law. The Services shall be performed in accordance with all applicable federal, state and local laws, ordinances, rules, regulations and orders.
1.3. Time is of the Essence. CONSULTANT agrees to diligently prosecute the Services. In the performance of this Agreement, time is of the essence.
1.4. Professional Competence. CONSULTANT represents that it has the professional skills necessary to perform the Services and that it will perform the Services in a skillful and professional manner. CONSULTANT represents that it has all the necessary licenses to perform the Services and shall maintain them throughout the term of this Agreement.
CONSULTANT agrees that the Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged, in the same or similar geographical area in which CONSULTANT practices its profession, and will prepare all work products required by this Agreement in accordance with such standards. CITY and CONSULTANT agree that CONSULTANT is in responsible charge of the Services and CITY shall have no control over the method or means of performance of the Services. Acceptance by CITY of the ATTACHMENT 2
Item #7.3.
Services does not operate as a release of CONSULTANT from professional responsibility for the Services performed.
1.5. Independent Contractor. CONSULTANT is an independent contractor and not an employee of CITY. CONSULTANT expressly warrants that it will not represent that it is an employee of CITY. Persons employed or utilized by CONSULTANT in the performance of the Services will not be employees or agents of CITY. CONSULTANT is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
1.6. Confidentiality. CONSULTANT agrees to maintain in confidence and not disclose to any person, firm, governmental entity, or corporation, without CITY's prior written consent, any trade secret or confidential information, knowledge or data relating to the products, process, or operation of CITY. CONSULTANT further agrees to maintain in confidence and not to disclose to any person, firm, governmental entity, or corporation any data, information, technology, or material developed or obtained by CONSULTANT during the performance of the Services. The covenants contained in this Section 1.6 shall survive the termination of this Agreement for whatever cause.
1.7. Ownership of Material. Any reports and other material prepared by or on behalf of CONSULTANT under this Agreement (collectively, the "Documents") shall be and remain the property of CITY. All Documents not already provided to CITY shall be delivered to CITY on the date of termination of this Agreement for any reason. The Documents may be used by CITY and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes CITY may deem appropriate without further employment of or payment of any compensation to CONSULTANT.
1.8. Documentation. CONSULTANT shall keep and maintain full and complete documentation and accounting records, employee time sheets, and correspondence pertaining to the performance of the Services, and CONSULTANT shall make such documents available for review and/or audit by CITY and CITY's representatives at all reasonable times for at least four years after the termination of this Agreement or completion of the Services.
1.9. Testimony. CONSULTANT agrees to testify at CITY's request if litigation is brought against CITY in connection with the Services. Unless the action is brought by CONSULTANT or is based upon CONSULTANT's negligence, CITY will compensate CONSULTANT for the preparation and the testimony at CONSULTANT's standard hourly rates.
ARTICLE 2 - COMPENSATION
2.1. Compensation. Compensation for the Services shall be in accordance with Exhibit B, Compensation, attached hereto and incorporated herein. It is agreed that the compensation for the Services shall not exceed $140,000 ("Cost Ceiling").
2.2. Invoices. CONSULTANT shall submit monthly invoices in a form satisfactory to CITY on or before the tenth day of each month for Services provided during the preceding Item #7.3.
month. CONSULTANT shall submit time and cost records as necessary to substantiate performance of the Services. Within 35 days after receipt of each such invoice, CITY shall verify the accuracy of the invoice, correct the charges where appropriate and as discussed and mutually agreed with CONSULTANT, and make payment to CONSULTANT in an amount equal to the amount of such invoice, as verified or corrected by CITY. No payment hereunder shall be construed as evidence of acceptance of any of CONSULTANT's work. CITY reserves the right to withhold payment from CONSULTANT on account of Services not performed satisfactorily, delays in CONSULTANT's performance of Services, or other defaults hereunder. CONSULTANT shall not stop or delay performance of the Services under this Agreement on account of payment disputes with CITY.
2.3. Status Reports. Together with each monthly invoice, CONSULTANT shall submit a status report detailing the amount expended on the Services to that date and the remaining amount to be expended before the Cost Ceiling is reached. CONSULTANT shall notify CITY in writing when payments have reached 90 percent of the Cost Ceiling.
2.4. Withholding. In lieu of holding retention, CITY shall withhold CONSULTANT's final payment until the Services are complete and CITY has received all Documents.
CONSULTANT shall diligently continue and complete performance of the Services if the Services are not complete at the time CONSULTANT has performed services up to the Cost Ceiling.
ARTICLE 3 - TIME OF PERFORMANCE
3.1. Effective Date. This Agreement shall become effective upon execution of the second signature and shall remain in full force and effect until the Services are completed (the "Term"). CONSULTANT agrees to complete all services by June 30, 2023.
3.2. Termination. This Agreement may be terminated at any time by CITY upon written notice to CONSULTANT.
3.3. Final Payment. CONSULTANT shall be entitled to compensation for Services performed up to the time of such termination, it being understood that any payments are full compensation for the Services rendered under this Agreement.
3.4. Other Remedies. Nothing in this Article 3 shall be deemed to limit the respective rights of the parties to terminate this Agreement for cause or otherwise to exercise any rights or pursue any remedies which may accrue to them.
ARTICLE 4 - DESIGNATED CONTACTS
4.1. CITY Contact. CITY designates Derek Rayner, its Public Works Director/City Engineer, as its contact who shall be responsible for administering and interpreting the terms and conditions of this Agreement, for matters relating to CONSULTANT's performance under this Agreement, and for liaison and coordination between CITY and CONSULTANT. In the event CITY wishes to make a change in CITY's representative, CITY will notify CONSULTANT of the change in writing.
Item #7.3.
4.2. CONSULTANT Contact. CONSULTANT designates himself as its contact, who shall have immediate responsibility for the performance of the Services and for all matters relating to performance under this Agreement. Any change in CONSULTANT's designated contact shall be subject to written approval by CITY.
ARTICLE 5 - INDEMNIFICATION AND INSURANCE
5.1. Indemnification. CONSULTANT shall, to the fullest extent allowed by law, with respect to claims, liability, loss, damage, costs, or expenses, including reasonable attorney's and expert witness fees, awards, fines, penalties, or judgments, arising out of or relating to the Services (collectively "Claims"), defend, indemnify, and hold harmless CITY, its Officials, officers, employees and agents (the "CITY Parties"), except to the extent the Claims are attributable to CITY Parties' gross negligence or willful misconduct. CONSULTANT shall defend the CITY Parties as required by California Civil Code Section 2778, and with counsel reasonably acceptable to those parties.
CONSULTANT shall have no right to seek reimbursement from the CITY Parties for the costs of defense.
If CONSULTANT is a “design professional,” as defined in California Civil Code Section 2782.8(c), CONSULTANT shall indemnify, defend, and hold the Indemnitees harmless against Liability only to the extent such Liability arises out of, pertains to, or relates to CONSULTANT’s negligence, recklessness, or willful misconduct. In such an event, the cost to defend charged to CONSULTANT shall not exceed CONSULTANT’s proportionate percentage of fault.
The obligations contained in this Section 5.1 shall survive the termination of this Agreement for whatever cause for the full period of time allowed by law and shall not in any way be limited by the insurance requirements of this Agreement.
5.2. Health and Safety. CONSULTANT may perform part of the Services at sites which contain unknown working conditions and contaminated materials. CONSULTANT shall be solely responsible for the health and safety of CONSULTANT's employees during the performance of the Services.
5.3. Insurance. CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency shall procure, provide and maintain at all times during the performance of this Agreement, and for such additional periods as described herein, the insurance listed below with insurers licensed to do business in the State of California and with a Best's rating of no less than A:VII.
A. Commercial Automobile Liability Insurance. Commercial Automobile Liability Insurance providing bodily injury liability and property damage, to protect against all liability arising out of the use of any owned, leased, passenger or commercial automobile at a minimum amount of $1,000,000 combined single limit and $2,000,000 aggregate. Coverage shall apply to hired and non-owned autos.
Item #7.3.
B. Commercial General Liability Insurance. Commercial General Liability Insurance, with limits providing a minimum amount of $1,000,000 combined single limit coverage for each occurrence, $2,000,000 general aggregate and $2,000,000 products/completed operations aggregate. The insurance shall cover all operations including but not limited to the following: (1) premises, operations and mobile equipment liability; (2) completed operations and products liability; (3) contractual liability insuring the obligations assumed by CONSULTANT in this Agreement; (4) broad form property damage liability; (5) personal injury liability endorsement, including death; and (6) automobile bodily injury and property damage insurance, including all owned, hired and non-owned equipment.
C. Professional Liability Insurance. Professional Liability Insurance protecting against liabilities arising out of or in connection with negligent acts, errors, or omissions of CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency in connection with this Agreement, at a minimum amount of $1,000,000 combined single limit coverage and $1,000,000 aggregate, on a "claims made basis" with a continuation of coverage extension for liabilities for two years from the date the Services are substantially complete. Such professional liability policies shall include coverage for liability assumed by the CONSULTANT under this Agreement.
D. Workers Compensation Insurance. Workers Compensation insurance, occupational disease insurance and employer’s liability insurance shall be required with minimum limits as required by law, covering all workplaces involved in this Agreement.
E. Policy Terms. Concurrently with execution of this Agreement, CONSULTANT shall provide CITY with Certificates of Insurance evidencing that CONSULTANT has obtained or maintains the insurance required by this Section
5.3. The Certificates shall be on forms acceptable to CITY. CONSULTANT shall also furnish CITY with original endorsements with the following documentation:
• Precluding cancellation or reduction in coverage before the expiration of thirty (30) days after CITY shall have received written notification thereof from CONSULTANT by United States mail;
• Providing that CONSULTANT's insurance shall apply separately to each insured against whom claim is made or suit is brought, and include a “separation of insureds” or “severability” clause which treats each insured separately, except with respect to the limits of the insurer's liability (crossliability endorsement); • Excepting CONSULTANT’S professional liability insurance, naming CITY, its City Council, boards, commissions, committees, officers, employees and agents as additional insureds (“Additional Insureds”); and • Providing that for any claims relating to CONSULTANT's services hereunder, CONSULTANT's insurance coverage shall be primary insurance with respect to CITY, its City Council, boards, commissions, committees, officers, employees and agents, and that any insurance or self-insurance maintained by Item #7.3.
CITY for itself, its City Council, boards, commissions, committees, officers, employees and agents shall be in excess of CONSULTANT's insurance and shall not be contributory with it.
• It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverages requirements and/or limits shall be available to the Additional Insured, including but not limited to any umbrella or excess insurance.
Furthermore, the requirements for coverage and limits shall be the greater of:
(a) the minimum coverage and limits specified in this Agreement; or (b) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.
F. Material Breach. If CONSULTANT fails to maintain insurance coverage or provided insurance documentation which is required pursuant to this Agreement, it shall be deemed a material breach of this Agreement. CITY, at its sole option, may terminate this Agreement and obtain damages from CONSULTANT resulting from said breach. Alternatively, CITY may purchase the required insurance coverage, and without further notice to CONSULTANT, may deduct from sums due to CONSULTANT any premium costs advanced by CITY for such insurance. These remedies shall be in addition to any other remedies available to CITY.
ARTICLE 6 - NOTICES
All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by facsimile or reputable overnight courier and shall be deemed received upon the earlier of: (1) if personally delivered, the date of delivery to the address of the person to receive such notice; (2) if delivered by Federal Express or other overnight courier for next business day delivery, the next business day; (3) if sent by facsimile, with the original sent on the same day by overnight courier, the date on which the facsimile is received, provided it is before 5:00 P.M. Pacific Time; or (4) if sent electronically, the date of delivery on the confirmed read receipt. Notice of change of address shall be given by written notice in the manner described in this Article 6. Rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice or communication sent. Unless changed in accordance herewith, the addresses for notices given pursuant to this Agreement shall be as follows:
If to CITY: Laura Snideman, City Manager
1232 Washington Street
Calistoga, CA 94515
Email: [email protected]
Phone: 707-942-2806
Item #7.3.
If to CONSULTANT: John Draper, P.E.
PO Box 2324
Santa Rosa, CA 95405
Phone: 707-738-1012
Email: [email protected]
ARTICLE 7 - MISCELLANEOUS
7.1. Conflict of Interest Prohibition. CITY and CONSULTANT will comply with the requirements of the CITY’s Conflict of Interest Code adopted pursuant to California Government Code §87300 et seq., the Political Reform Act (California Government Code §81000 et seq.), the regulations promulgated by the Fair Political Practices Commission (Title 2, §18110 et seq. of the California Code of Regulations), California Government Code §1090 et seq., and any other ethics laws applicable to the performance of the Services and/or this Agreement. CONSULTANT may be required to file with the CITY Clerk a completed Form 700 before commencing performance of the Services unless the CITY Clerk determines that completion of a Form 700 is not required, pursuant to CITY’s Conflict of Interest Code. Form 700 forms are available from the CITY Clerk.
CONSULTANT may not perform Services for any other person or entity that, pursuant to any applicable law or regulation, would result in a conflict of interest or would otherwise be prohibited with respect to CONSULTANT’s obligations pursuant to this Agreement.
CONSULTANT agrees to cooperate fully with CITY and to provide any necessary and appropriate information requested by CITY or any authorized representative concerning potential conflicts of interest or prohibitions concerning CONSULTANT’s obligations pursuant to this Agreement.
CONSULTANT may not employ any CITY official, officer or employee in the performance of the Services, nor may any official, officer or employee of CITY have any financial interest in this Agreement that would violate California Government Code §1090 et seq. CONSULTANT hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of CITY. If CONSULTANT was an employee, agent, appointee, or official of CITY in the previous twelve months, CONSULTANT warrants that it did not participate in any manner in the forming of this Agreement. CONSULTANT understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and CONSULTANT will not be entitled to any compensation for CONSULTANT’s performance of the Services, including reimbursement of expenses, and CONSULTANT will be required to reimburse CITY for any sums paid to CONSULTANT under this Agreement. CONSULTANT understands that, in addition to the foregoing, penalties for violating Government Code §1090 may include criminal prosecution and disqualification from holding public office in the State of California.
Any violation by CONSULTANT of the requirements of this provision will constitute a Item #7.3.
material breach of this Agreement, and the CITY reserves all its rights and remedies at law and equity concerning any such violations.
7.2. Subcontracting. CONSULTANT may subcontract portions of the Services upon the prior written approval of CITY. CONSULTANT will be solely responsible for payment of such subcontract Services. No contractual relationship will exist between any such subcontractors of CONSULTANT and CITY. CONSULTANT’s subcontractors agree to be bound to CONSULTANT and CITY in the same manner and to the same extent as CONSULTANT is bound to CITY under the Agreement. CONSULTANT’s subcontractors further agree to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, with any subsubcontractor to the extent they apply to the scope of the sub-subcontractor’s work. A copy of the CITY indemnity and insurance provisions will be furnished to CONSULTANT’s subcontractors upon request.
7.3. Entire Agreement. This Agreement represents the entire understanding of CITY and CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may only be modified by an amendment in writing signed by each party.
7.4. No Assignment. The Services are deemed unique and neither party shall assign, transfer, subcontract or otherwise substitute its interest in this Agreement or any of its obligations hereunder without the prior written consent of the other party. As limited by this Section
7.2, this Agreement is to be binding on the successors and assigns of the parties hereto.
7.5. Severability. If any part of this Agreement is determined to be unconstitutional, invalid or beyond the authority of either party, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement can be interpreted to give effect to the intentions of the parties.
7.6. Counterparts. This Agreement may be signed in counterparts and, when fully signed, such counterparts shall have the same effect as if signed in one document.
7.7. Choice of Law. This Agreement and all matters relating to it shall be governed by the laws of the State of California without reference to its choice of laws principles and venue shall be in the appropriate court in Napa County, California.
7.8. Waiver. No failure on the part of either Party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder. A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other further breach.
7.9. Mediation. In the event the parties are unable to resolve a dispute arising under this Agreement through good faith negotiations, the parties agree to submit the matter to Item #7.3.
mediation with a mutually agreeable mediator. Prior to the mediation, the parties shall exchange any documents reasonably necessary to resolve the matter to be mediated.
7.10. Interpretation. In the event this Agreement is ever construed in any dispute between the parties, it and each of its provisions shall be construed without regard to the party or parties responsible for its preparation and shall be deemed to have been prepared jointly by the parties. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement.
7.11. Authority. Each individual executing this Agreement on behalf of one of the parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such party and that this Agreement is binding on such party in accordance with its terms.
7.12. Third Parties. Nothing contained in this Agreement shall create a contractual relationship with, or cause of action in favor of, a third party against either the CITY or CONSULTANT. CONSULTANT’s Services hereunder are being performed solely for the benefit of CITY. CITY shall be an express third-party beneficiary of all contracts between CONSULTANT and any subcontractors or subconsultants in connection with any services performed in connection with, or in furtherance of, this Agreement. * * *
[Signatures on Next Page]
Item #7.3.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.
CITY OF CALISTOGA
By: Date:
Laura Snideman, City Manager
CONSULTANT
By: Date:
John Draper, P.E.
By: Date:
Attest
By:
Marni Rittburg, City Clerk
Approved As To Form
By:
Michelle Marchetta Kenyon, City Attorney
Item #7.3.
EXHIBIT A Item #7.3.
Item #7.3.
Item #7.3.
EXHIBIT B
Compensation
CITY shall pay CONSULTANT for the Services on a cost reimbursement basis, up to the Cost Ceiling (as defined in Section 2.1 of the Agreement). CONSULTANT agrees to use appropriate methods to contain its fees and costs under this Agreement. Compensation shall include only the following costs, which shall all count toward the Cost Ceiling:
1. Direct Labor
Direct labor costs shall be the total number of hours worked on the job by each employee times the agreed hourly rate for such employee's labor as set forth on the attached Exhibit B-1. CITY will pay all personnel at their regular straight-time rate, including any work performed on overtime or on holidays or weekends.
2. Subconsultant Costs
Subconsultant services shall be billed at cost plus a 10 percent markup. CONSULTANT shall provide a copy of each subconsultant's invoice for which it seeks payment from CITY with any invoice in which such payment is requested.
3. Other Direct Costs
The following categories of costs are eligible for reimbursement, which shall be made at the actual cost to CONSULTANT without any additional mark-up:
a. Reasonable living and traveling expenses of employees when away from home office on business in its prosecution of the Services. CONSULTANT must have prior approval of CITY to be reimbursed for these expenses.
b. Automobile expenses for personal vehicle use, if necessary, at the IRS approved mileage rate.
c. Reproduction of drawings and specifications by CONSULTANT as required under this Agreement, at rates prevailing in this community for bulk reproduction or at other reasonable rates approved by CITY.
d. Special overnight delivery or messenger services.
Payments to CONSULTANT for reimbursable costs/expenses will be made only after the specific costs/expenses have been incurred and CONSULTANT has submitted substantiating documentation, such as copies of paid invoices or other documentation confirming that such costs/expenses have been incurred.
Item #7.3.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Jun 21 2022
Subject: Notice of Completion for the Foothill Boulevard/Petrified Forest Road Intersection Traffic Signal Project
DESCRIPTION:
Consider adopting a Resolution Accepting a Notice of Completion for the Foothill Boulevard/Petrified Forest Road Intersection Traffic Signal Project.
RECOMMENDATION:
Consider adopting the resolution.
BACKGROUND/SUMMARY:
On April 20, 2021, the City Council approved a construction budget in an amount not to exceed $554,891 and awarded a contract in the amount of $449,500 to St. Francis Electric LLC for construction of the Foothill Boulevard/Petrified Forest Road Intersection Traffic Signal Project. The Notice to Proceed was issued on September 13, 2021. On May 26, 2022, the construction of the Foothill Boulevard/Petrified Forest Road Intersection Traffic Signal Project was determined to be substantially complete and constructed in conformance with approved plans and specifications.
Staff recommends that the project constructed by St. Francis Electric LLC be accepted as complete, and the Council adopt the Resolution.
CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:
The recommended action conforms to City Council Goal 3: Establish, Improve and Maintain City Infrastructure; Objective 2. Maintain the high level of service and reliability of the City’s infrastructure systems and facilities and Objective 6: Improve the safety and functioning of the City's primary intersections. This project also accomplished Council Priority Project #3.
CEQA STATUS:
The recommend action is not a project under the definitions contained in the Guidelines of the California Environmental Quality Act (CEQA) and is therefore exempt from CEQA. The project was also exempt from CEQA.
FINANCIAL IMPACT:
The total construction cost was $553,773 which was within the approved construction budget of $554,891. Construction expenses included construction contract of $449,500, change orders $25,953.93, construction management/inspection $28,210, and prepurchase costs for Caltrans traffic controller $9,500 and PG&E electrical construction work $40,609.
Item #7.4.
There were eight change orders approved for the project that resulted in a cost increase of $25,953.93.
Additional annual maintenance operational costs of the two new Calistoga traffic signals (i.e., Hawk at 400 Silverado and Petrified Forest/Foothill), is estimated to cost about $17,000 annually and will be included in FY22/23 budgets under the street's operations budget (Account No. 01-4122-4404).
ATTACHMENT(S):
1. Draft Resolution
2. Notice of Completion
APPROVAL(S):
Derek Rayner, Public Works Director/City Engineer Approved - Jun 09 2022 Gloria Leon, Administrative Services Director Approved - Jun 09 2022 Laura Snideman, City Manager Approved - Jun 14 2022
Marni Rittburg, City Clerk Approved - Jun 14 2022
Item #7.4.
RESOLUTION NO. 2022-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA,
COUNTY OF NAPA, STATE OF CALIFORNIA ACCEPTING AS COMPLETE THE
FOOTHILL BOULEVARD/PETRIFIED FOREST ROAD INTERSECTION TRAFFIC SIGNAL PROJECT, CONSTRUCTED BY ST. FRANCIS ELECTRIC LLC, AND
AUTHORIZING THE PUBLIC WORKS DIRECTOR TO FILE A NOTICE OF COMPLETION WHEREAS, the City of Calistoga entered into a contract on April 21, 2021, with St. Francis Electric LLC for the Foothill Boulevard/Petrified Forest Road Intersection Traffic Signal Project.; and
WHEREAS, St. Francis Electric LLC. has completed the work required by the contract on May 26, 2022, to the satisfaction of the City Engineer; and WHEREAS, the City Council now desires to accept the Project as complete.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY find the following:
1. Accepts as complete the work for the Foothill Boulevard/Petrified Forest Road Intersection Traffic Signal Project constructed by St. Francis Electric LLC.
2. Authorizes the Public Works Director to file a Notice of Completion with the Napa County Recorder and process final payment in accordance with the Contract documents.
PASSED, APPROVED AND ADOPTED this 21st 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:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
____________________________ ____________________________ Marni Rittburg, CMC, City Clerk Chris Canning, Mayor
ATTACHMENT 1
Item #7.4.
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF CALISTOGA
1232 WASHINGTON STREET
CALISTOGA, CA 94515
Attn: Public Works Department
Exempt From Recording Fees
Section 27383 Gov't. Code
NOTICE OF COMPLETION
Notice is hereby given that:
1. The undersigned is the owner of the interest or estate stated below in the property described below.
2. The name of the undersigned is City of Calistoga.
3. The address of the undersigned is:
1232 Washington Street
Calistoga, CA 94515
4. The nature of interest or estate of the undersigned is fee ownership, as well as ownership of the certain improvements located thereon.
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: None
6. The names of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of work of improvement herein referred to are: None
7. A work of improvement on the property hereinafter described was completed on May 26, 2022.
8. The name of the original contractor, if any, for the work of improvement was St. Francis Electric LLC.
9. The kind of work done or material furnished was Foothill Boulevard/Petrified Forest Road Intersection Traffic Signal Project.
10. The property on which the work of improvement was completed is in the City of Calistoga, County of Napa, State of California, and is described as follows:
Foothill Boulevard and Petrified Forest Road Intersection Traffic Signal Project Calistoga, CA 94515
City of Calistoga, Owner
Dated: Signed:
Derek Rayner, Public Works Director
ATTACHMENT 2 Item #7.4.
VERIFICATION
I, the undersigned, say:
I am the person who signed the foregoing notice. I have read the above notice and know its contents, and the facts stated therein are true of my own knowledge.
I declare under the penalty of perjury that the above is true and correct Executed at Calistoga, California, this day of , 2022.
City of Calistoga
Derek Rayner, Public Works Director
Item #7.4.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Gloria Leon, Administrative Services Director
Meeting: City Council - Jun 21 2022
Subject: Appropriations Limit for Fiscal Year 2022-23 Budget DESCRIPTION:
Consideration of a Resolution adopting the Fiscal Year 2022-23 appropriation limit.
RECOMMENDATION:
Consider adopting resolution
BACKGROUND/SUMMARY:
State law requires the City to set an appropriation limit. The limit is based on appropriations (formal authorization by the City Council to spend funds) only from proceeds of taxes, as defined by the law and statewide reporting guidelines. The appropriations limit amount is increased each year by a formula that uses a combination of percent changes in the Statewide Per Capita Income (PCI), City or CountyPopulation and Non-residential assessed valuation.
In November 1979, the people of California added Article XIII-B to the State Constitution, which placed limitations on the appropriations of State and local governments. In June 1990, the people approved Proposition 111, which, among other things, amended the Article XIII-B. The amendment created a new base year of FY 86-87, allowed annual increases based on the City or County population growth and assessed valuation growth of non-residential property, provides for exclusion of capital expenditures over $100,000 and requires an annual independent auditor review of the calculations. Statewide reporting guidelines were developed to define and implement the changes and establish the annual audit requirements.
The City's appropriation limit and the appropriations subject to limit are calculated based on the statewide reporting guidelines and are reviewed by the independent auditor for compliance with the State law and guidelines. The appropriations limit has increased significantly since 1987 by applying the higher of County or City population growth rates and the percentage of non-residential assessed valuation growth. The State Department of Finance provides the PCI and population growth rates.
The CountyAssessor provided the non-residential assessed valuation information.
In reviewing the statewide reporting guidelines and best practices in other Cities, it has become practice in recent years to perform a year end update of the appropriations subject to limit. This is done to determine if there have been any significant changes in appropriations from the initial budget adoption.
Fiscal Year 22-23 Appropriations Limit
Item #7.5.
The Fiscal Year 22-23 appropriations limit for the City is $132,261,067. This limit increased from the prior year for two reasons: 1) -.92% decrease for the County population growth rate and 2) 36.22% increase from the prior year valuation growth primarily due to a FY 21-22 increase in taxable values for the City due to non-residential new construction as a percentage of the total taxable value increase (as of the FY 21-22 lien year roll date). This percentage may be used as an alternative to the change in California per-capita personal income for calculating a taxing agency’s annual adjustment of its Appropriation Limit pursuant to Article XIIIB of the State Constitution as Amended by Proposition 111 in June 1990.
The Fiscal Year 22-23 appropriations of $14,427,835 are the portion that is funded from proceeds of taxes and is subject to the limit. This amount is $117,833,232 or 89% under the appropriation limit.
Attached to this report is a summary of the calculation formula. Detailed worksheets are available for review.
It is not unusual for cities to be significantly under the appropriations limit since the State law was amended in 1990 to allow for more flexible annual adjustments to the limit calculations.
CEQA STATUS:
This item is not subject to CEQA requirements.
FINANCIAL IMPACT:
None, since the Appropriations Limit is higher than the Appropriations subject to Limit.
ATTACHMENT(S):
Att 1 Reso Gann Limit FY 22-23
Att 2. Calculation Summary for Fiscal Year 22-23
Att 3. Annual Growth Factor Worksheet
Att 4. Dept of Finance Price Population Ltr dated May 2022 APPROVAL(S):
Gloria Leon, Administrative Services Director Approved - Jun 09 2022 Laura Snideman, City Manager Approved - Jun 14 2022
Marni Rittburg, City Clerk Approved - Jun 14 2022
Item #7.5.
RESOLUTION NO. 2022-xxx
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF NAPA, STATE OF CALIFORNIA, ADOPTING THE APPROPRIATION LIMIT FOR FISCAL YEAR 2022-23 AND THE APPROPRIATIONS SUBJECT TO LIMIT FOR FISCAL YEAR 2022-23 WHEREAS, the people of California on November 6, 1979, added Article XIII-B to the State Constitution placing various limitations on the appropriations of the State and local governments; and WHEREAS, the State Legislature adopted Chapters 1205 and 1342 of the 1980 Statutes which implemented Article XIII-B; and
WHEREAS, the people of California on June 5, 1990 amended Article XIII-B effective July 1, 1990; and
WHEREAS, the provisions of the amendments have been interpreted by a coalition of statewide organizations, and the organizations have issued through the League of California Cities revised guidelines to recalculate the appropriations limit; and WHEREAS, the Government Code provides the process in which to calculate the appropriations limit and requires cities to adopt a resolution setting the annual appropriation limit; and WHEREAS, the City has complied with the provisions of Article XIII-B in determining the appropriations limit for Fiscal Year 2022-23; and
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The annual adjustment factors used to calculate the FY 2022-23 appropriations limit shall be the change in non-residential assessed valuation percentage 36.22% and January 2022 City population- .92%.
Section 2. The FY 2022-23 appropriation limit shall be $132,261,067.
Section 3. The FY 2022-23 final appropriations subject to the appropriation limit is $14,427,835.
PASSED, APPROVED AND ADOPTED this 21st 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:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
__________________________ ________________________
Marni Rittburg, CMC, City Clerk Chris Canning, Mayor
Item #7.5.
Prior Year Appropriation Limit $ 97,995,278
Allowed Compounded Percentage Increase from Prior Year (1) Non-Residential Assessed Valuation Growth from FY 21-22 to 22-23 36.220% City Population Growth From January 2021 to 2022 State Dept of Finance -0.920% Compounded Percentage as an Adjustment Factor 34.967%
Annual Adjustment Amount to Appropriation Limit 34,265,789 Current Year Appropriation Limit 132,261,067
Current Year Adopted Budget Appropriations From Proceeds of Taxes (2) Proceeds of Taxes From Adopted Budget (3)
15,543,228
Less Allowable Exclusion of Certain Appropriations (3)
(1,115,393)
Current Year Appropriations Subject to Appropriation Limit 14,427,835 Current Year Appropriations Under the Appropriation Limit (3) $ (117,833,232) Percentage Under the Limit -89%
(1) From State Department of Finance, as required by State Law (3) Summary of worksheets for above calculations of Appropriations Limit and Apropriations Subject to Limit.
Summary of Appropriations From Proceeds of Taxes
General Fund 2,319,852 14,621,725 16,941,577
Special Revenue Funds 1,076,913 921,503 1,998,416
Enterprise Funds 10,874,853 - 10,874,853
Debt Service Fund 373,902 - 373,902
Total Proceeds and Non Proceeds of Taxes 14,645,520 15,543,228 30,188,748 Summary of Exclusions
Court Order Costs -
Federal Mandates 1,115,393
Qualified Capital Equipment -
Qualified Debt Service -
Total Exclusions to Appropriations Subject to Limit 1,115,393 City of Calistoga
(2) Proceeds of Taxes are certain revenues as defined by State Law and League of California Cities Article XIIIB Appropriations Limit Uniform Guidelines - March 1991. See Worksheets for details.
From Non Proceeds of Taxes From Proceeds of
Taxes
Total Appropriations
Appropriations Limit Calculation Summary
Fiscal Year 22-23 Adopted Budget
FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22 FY 22-23
Appropriations Limit 45,539,117 50,933,011 56,438,781 84,745,313 97,995,278 132,261,067 Subject to Limit 12,057,994 9,959,246 10,310,197 6,800,035 9,580,633 14,427,835 Under Limit 33,481,123 40,973,765 46,128,584 77,945,278 88,414,645 117,833,232 0 20,000,000
40,000,000
60,000,000
80,000,000
100,000,000
120,000,000
140,000,000
Amount
Fiscal Years
City of Calistoga
Appropriations Limit Summary
Item #7.5.
City of Calistoga
APPROPRIATIONS LIMIT CALCULATION
Fiscal Year 22-23 Adopted Budget
FY 00-01 4.91 N/A 1.64 2.92 107.97022% 4,994,232
FY 01-02 7.82 5.90 -0.10 0.76 108.63943% 5,425,705
FY 02-03 -1.27 3.04 -0.32 1.09 104.16314% 5,651,585
FY 03-04 2.31 5.34 0.06 1.34 106.75156% 6,033,154
FY 04-05 3.28 22.66 -1.07 1.15 124.07059% 7,485,370
FY 05-06 5.26 10.31 0.42 1.17 111.60063% 8,353,720
FY 06-07 3.96 8.66 0.90 1.10 109.85526% 9,177,001
FY 07-08 4.42 2.10 0.95 1.23 105.70437% 9,700,491
FY 08-09 4.29 15.34 0.84 1.09 116.59721% 11,310,501
FY 09-10 0.62 46.72 1.02 1.40 148.77408% 16,827,094
FY 10-11 -2.54 -4.51 0.66 0.96 98.39562% 16,557,123
FY 11-12 2.51 -6.52 0.72 0.97 103.50435% 17,137,342
FY 12-13 3.77 47.76 0.58 0.77 148.89775% 25,517,117
FY 13-14 5.12 23.11 0.25 0.47 123.68862% 31,561,769
FY 14-15 -0.23 9.90 0.29 0.38 110.31762% 34,818,193
FY 15-16 3.82 5.15 0.79 0.94 106.13841% 36,955,476
FY 16-17 5.37 6.28 2.57 0.81 107.14087% 39,594,418
FY 17-18 3.69 14.59 0.23 0.37 115.01398% 45,539,117
FY 18-19 3.67 11.51 0.30 -0.29 111.84453% 50,933,011
FY 19-20 3.85 9.55 1.15 -0.11 110.80983% 56,438,781
FY 20-21 3.73 51.00 -0.56 -0.61 150.15440% 84,745,313
FY 21-22 5.73 15.89 -0.22 -0.80 115.63504% 97,995,278
FY 22-23 7.55 36.22 -1.59 -0.92 134.96678% 132,261,067
[4] Appropriations Limit calculation has been revised to correct factors and mathematical calculations in FY 09-10 and 10-11
Percent Change Indicies [1]
Per Capita
Personal
Income [2]
Annual NonResidential
Assessed
Valuation
Growth to Total
Growth [3]
City
Appropriation
Limit Fiscal
Year
[1] From State Department of Finance per Article XIII B of the California Constitution every May 1st for following Fiscal Year Appropriations Calculation. A 1991 amendment to Article XIII-B dropped use of the CPI and allowed for revising limit with PCI or Growht in non-residential assessed valuation and City or County population growth factors back to FY 87-88. The City may selection by resolution the growth factors to be used to calculate the annual Appropriations Limit. The Bold type indicate Factor used in calculation for the individual Fiscal Year. [2] Per Capita Personal Income - California 4th Quarter - Calculated by State Department of Finance [3] Determination of the annual growth in non-residential assessed valuation is from information provided by the Napa County Assessor's office and calculated by HdL Consultants to the City after FY 00-01. Application of the persent change in non-residential valuation is from the prior fiscal year change. For example the percent change applied in FY 09-10 of 46.72% was the change in non-residential valuation in FY 07-08 to 08-09.
Population and Growth Factors
(Worksheet #5 of Guidelines)
County
Allowed Annual
Percent Growth
in Appropriations
Limit
Appropriations
Limit Amount [4]
Percent Change in
Population [1]
6/9/2022 9:54 PM !Calistoga GANN Details FY 22-23 Adopted Annual Allowed Growth #5 Item #7.5.
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iii In
DEPARTMENTOF Gavin Newsom I Governor °“"“*"“'FiNANCE 1021 o §rr'§et,Suite 31id“-"Sacramento c}\"9§s14'-'i}vwvT.<JT>’i.$fgii§ OFFKIEOF YHEDRECTOR MCY2022
Dear Fiscal Officer:
Subject: Price Factor and Population iniormatlon
Appropriations Limit
California Revenue and Taxation Code section 2227 requires the Department of Finance to transmit an estimate of the percentage change in population to local governments. Each local jurisdiction must use their percentage change in population factor for January I, 2022, in conjunction with a change in the cast of living, or price factor, to calculate their appropriations limit for fiscal year 2022-23. Attachment A provides the change in California's per capita personal income and an example for utilizing the price factor and population percentage change factor to calculate the 202223 appropriations limit.Attachment Bprovides the city and unincorporated county population percentage change. Attachment C provides the population percentage change for counties and their summed incorporated areas. The population percentage change data excludes federal and state institutionalized populations and military populations.
Population Percent Change tor Special Districts
Some special districts must establish an annual appropriations limit.California Revenue and Taxation Code section 2228 provides additional information regarding the appropriations limit.
Article XlllB.section 9(CJ of the California Constitution exempts certain special districts from the appropriations limit calculation mandate. The code section and the California Constitution can be accessed at the following website: http:[1legintolegislatureca.gov[faces[codes.xhtml.
Special districts required by law to calculate their appropriations limit must present the calculation as part of their annual audit. Any questions special districts have on thisrequirement should be directed to their county, district legal counsel, or the law itself. No state agency reviews the local appropriations limits.
Population Certi?cation
The population certification program applies only to cities and counties. California Revenue and Taxation Code section iiOO5.6 mandates Finance to automatically certify any population estimate that exceeds the current certified population with the State Controller's Office. Finance willcertify the higher estimate to the State Controller by June 1, 2022.
Please Note: The prior year's city population estimates may be revised. The per capita personal income change is based on historical data.
if you have any questions regarding this data, please Contact the Demographic Research Unit at (916) 323~4086.
KEELYMARTINBOSLER
Director
By:
ERIKALl
Chief Deputy Director
Attachment
Item #7.5.
May 2022
Attachment A
A. Price Factor: Article XlllB specifies that local jurisdictions select their cost of living factor to compute their appropriation limitby a vote of their governing body. The cost of livingfactor provided here isper capita personal income. Ifthe percentage change in per capita personal income isselected, the percentage change to be used in setting the ?scal year 2022-23appropriation limitis:
Per Capita Personal income
Fiscal Year Percentage change
(FY) over prior year
2022-23 7.55
B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2022-23 appropriation limit. 2022-23:
Per Capita Cost of LivingChange = 7.55 percent Population Change = -0.230percent Per Capita Cost of Livingconverted to a ratio: mg = 1.0755 i0O
Population converted to a ratio: — = 0.997
i0O
Calculation of factor for FY2022-23: 1.0755 x 0.997 = l.0723 Item #7.5.
Fiscal Year 2022-23
Allachmenl B
Annual Percenl Change in Population Minus Exclusions‘
January '1,2021 lo January 1, 2022 and fatal Populalion, January I, 2022 may Counlv r:L;enl_<;I;¢_r1s1: ENE?“
Clly 2021-2022 1-1-21 1-1-22 1-1-2022
NODO
American Canyon 0.43 21,555 21,658 21,553 Colisioga -1.59 5,233 5,199 5,199 Napa -0.93 75.245 77,480 77,480 51‘Helena -1.52 5,521 5,437 5.437
Younivilie -1.53 2,259 2,221 2,529
umncarparavea -1.50 22,884 22,517 23,575
Couniv T0101 -0.92 135,759 134,512 135,179
'B<ciusions1nciuderesidents on federal miiilary Inslaliciions ana group quariers residenis in slule rnenici insliiul1or1s,slcie and ieaeral correciionol insiilutionsand veteran homes.
Item #7.5.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Gloria Leon, Administrative Services Director
Meeting: City Council - Jun 21 2022
Subject: Professional Services Agreement with Marin IT
DESCRIPTION:
Consider adopting a Resolution authorizing the City Manager to execute a Professional Services Agreement with Marin IT for Information Technology Services in an amount not to exceed $155,734 over the course of the fiscal year.
RECOMMENDATION:
Adopt the resolution.
BACKGROUND/SUMMARY:
The City of Calistoga has six departments with approximately 70 full-time budgeted employees. The City has no full-time staff dedicated to information technology (IT), nor does it have someone trained with an IT background. Information Technology leadership at the City is centered in the Administrative Services Department for long-term planning, coordination between departments and contract oversight. The City procures IT services through a third-party. These services include client help desk support, desktop technician support, network administration, system administration, applications development, applications maintenance, data base administration, and specific project development, implementation, and support.
Marin IT provides experience, service delivery and capability to enhance the City’s IT support services and best fits the needs of the City of Calistoga. City staff recommends the renewal of the contract with Marin IT for Fiscal Year 2022-23. Marin IT is based in Novato, CA and serves municipal clients including the City of St. Helena. Marin IT also services and supports County of Napa, Central Marin Police Authority, San Rafael Police Department, Vallejo Police Department and Ross Police Department to name just a few.
The Administrative Services Department will continue to oversee and manage the contract and serve as City liaison to the consultant assisting other departments in issues related to IT needs. Marin IT will also be available to provide consultation on additional IT related matters as deemed necessary by the Administrative Services Director at a discounted hourly rate not to exceed $120 and approved by the City Manager. The Director’s verbal approval for such additional services are generally sufficient authorization to perform the work, but in all such cases the Director shall approve the work in advance and shall, as a minimum, confirm the approval with electronic email message.
Marin IT has been providing the City with IT services since July 2016. Previously Marin IT had been providing sixteen (16) hours of information technology on-site maintenance/support. In March 2021 Marin IT was finding that 12 hours per week was not sufficient to cover all of the needs of the City. It Item #7.6.
was agreed by the City that an additional 4 hours was needed to provide timely user-end support, and proper amount of network maintenance and administration, which brought the total amount of weekly hours to 16, which is two full days. Marin IT Computer Systems annual contract for Fiscal Year 2022- 23 will be $155,734 for on-site support, network maintenance and administration.
In addition, Marin IT will continue to provide hosted data backup services for an amount not to exceed $400 per month, $4,800 annually. Marin IT is also recommending the continuation of providing remote monitoring and security anti-virus subscriptions to the service offering for an amount not to exceed $30 per month per node. Currently the City has 69 workstations and 11 servers. Based on the number of equipment the monthly recurring cost would be $2,400, $28,800 annually. The City has been paying for both the hosted data backup and remote monitoring service on an annual basis.
The proposal also includes:
• Server Upgrade Licenses for an amount not to exceed $1,850. • Miscellaneous Services/Labor for an amount not to exceed $5,000. • Security Awareness training not to exceed $3,200
• Training Management not to exceed $3,000.
• Contingency for incidentals, hardware failures for an amount not to exceed $10,000.
Total current budget for support services, hosted data backup services and remote monitoring has been appropriated in the Fiscal Year 2022-23 budget in the amount of $155,734 CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:
The project conforms to City Council Goal 1, Objective #4, provide optimal City services in a sustainable manner
CEQA STATUS:
The project is exempt from the provisions of the California Environmental Quality Act pursuant to Title 14, the California Code of Regulations, Section 15303 (c).
FINANCIAL IMPACT:
Funds have been included in the Fiscal Year 2022-23 City budget (15-4975-4402 $145,734 and 15- 4975-4823 $10,000). Individual operating department budgets in the general fund and enterprise funds will be charged appropriately. Any additional hours outside the 16 hours will be preapproved and billed at an hourly rate of $120 per hour during normal working hours.
ATTACHMENT(S):
Attach 1 - RESO Marin IT
Att 2 Marin IT Consultant Services Agreement
Att 3 Marin IT Proposal FY 22-23-IT-Service-Agreement
APPROVAL(S):
Gloria Leon, Administrative Services Director Approved - Jun 14 2022 Laura Snideman, City Manager Approved - Jun 14 2022
Marni Rittburg, City Clerk Approved - Jun 14 2022
Item #7.6.
Item #7.6.
RESOLUTION NO. 2022-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF
NAPA, STATE OF CALIFORNIA AUTHORIZING THE EXECUTION OF A
PROFESSIONAL SERVICES AGREEMENT WITH MARIN IT FOR INFORMATION TECHNOLOGY SERVICES IN AN AMOUNT NOT TO EXCEED $155,734 FOR FISCAL YEAR 2022-23
WHEREAS, the City of Calistoga has six departments comprised of 68 full-time budgeted employees: and
WHEREAS, the City currently has no full-time staff dedicated to Information technology, nor does it have someone trained or with an information technology background on staff; and
WHEREAS, information technology is currently centered in the Finance Department for long-term planning, coordination between departments and contract oversight; and
WHEREAS, the City recognizes the need to have information technology outsourced for client help desk support, network and system administration, applications development, applications maintenance, data base administration and specific project development, implementation, and support; and
WHEREAS, in June 2016 during budget workshops the Council adopted a strategic goal of improving the City’s use of technology; and WHEREAS, Marin IT has been performing information technology services for the City of Calistoga for five (5) years and is qualified to perform information technology needed to various City departments.
NOW, THEREFORE, BE IT RESOLVED that the Calistoga City Council hereby approves the terms of the proposal attached here to as EXHIBIT A.
BE IT FURTHER RESOLVED THAT, the City Council of the City of Calistoga hereby:
1. Authorizes the City Manager to enter into a professional services agreement (attachment 2) with Marin IT in the amount not to exceed $155,734 under budgeted account 15-4975-4402( $145,734) and 15-4975-4823 ($10,000) for Fiscal Year 2022-23 for information technology services as set forth in Exhibit A to this Resolution.
ATTACHMENT 1
Item #7.6.
Resolution No. 2022-XXX
PASSED, APPROVED AND ADOPTED this 21st 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 #7.6.
- 1 -
OAK #4878-5499-7017v1 (Rev. 9/2021)
MASTER AGREEMENT FOR CONSULTANT SERVICES
This Master Agreement for Consultant Services (the "Agreement") is made and entered into this 1st day of July, 2022 by and between THE CITY OF CALISTOGA, a municipal corporation (hereinafter referred to as "CITY") and Marin IT, Inc., a [limited liability corporation] (hereinafter referred to as "CONSULTANT"). CITY and CONSULTANT may be referred to individually as “Party” and collectively as the “Parties.”
RECITALS
WHEREAS, CITY requires to obtain services in connection with information technology services; and
WHEREAS, CONSULTANT is qualified to perform such services; and WHEREAS, CONSULTANT has agreed to provide CITY with such services on the terms and conditions set forth herein.
NOW, THEREFORE, for the considerations hereinafter set forth, CONSULTANT and CITY agree as follows:
ARTICLE 1 - SCOPE OF SERVICES
1.1. Scope of Services. CONSULTANT agrees to furnish services pursuant to a Task Order in the form set forth in Exhibit A, Task Order, which is attached hereto and incorporated herein (the "Services").
1.2. Compliance with Law. The Services shall be performed in accordance with all applicable federal, state and local laws, ordinances, rules, regulations and orders.
1.3. Time is of the Essence. CONSULTANT agrees to diligently prosecute the Services. In the performance of this Agreement, time is of the essence.
1.4. Professional Competence. CONSULTANT represents that it has the professional skills necessary to perform the Services and that it will perform the Services in a skillful and professional manner. CONSULTANT represents that it has all the necessary licenses to perform the Services and shall maintain them throughout the term of this Agreement.
CONSULTANT agrees that the Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged, in the same or similar geographical area in which CONSULTANT practices its profession, and will prepare all work products required by this Agreement in accordance with such standards. CITY and CONSULTANT agree that CONSULTANT is in responsible charge of the Services and CITY shall have no control over the method or means of performance of the Services. Acceptance by CITY of the Services does not operate as a release of CONSULTANT from professional responsibility for the Services performed.
Item #7.6.
[Type here]
1.5. Independent Contractor. CONSULTANT is an independent contractor and not an employee of CITY. CONSULTANT expressly warrants that it will not represent that it is an employee of CITY. Persons employed or utilized by CONSULTANT in the performance of the Services will not be employees or agents of CITY. CONSULTANT is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
1.6. Confidentiality. CONSULTANT agrees to maintain in confidence and not disclose to any person, firm, governmental entity, or corporation, without CITY's prior written consent, any trade secret or confidential information, knowledge or data relating to the products, process, or operation of CITY. CONSULTANT further agrees to maintain in confidence and not to disclose to any person, firm, governmental entity, or corporation any data, information, technology, or material developed or obtained by CONSULTANT during the performance of the Services. The covenants contained in this Section 1.6 shall survive the termination of this Agreement for whatever cause.
1.7. Ownership of Material. Any reports and other material prepared by or on behalf of CONSULTANT under this Agreement (collectively, the "Documents") shall be and remain the property of CITY. All Documents not already provided to CITY shall be delivered to CITY on the date of termination of this Agreement for any reason. The Documents may be used by CITY and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes CITY may deem appropriate without further employment of or payment of any compensation to CONSULTANT.
1.8. Documentation. CONSULTANT shall keep and maintain full and complete documentation and accounting records, employee time sheets, and correspondence pertaining to the performance of the Services, and CONSULTANT shall make such documents available for review and/or audit by CITY and CITY's representatives at all reasonable times for at least four years after the termination of this Agreement or completion of the Services.
1.9. Testimony. CONSULTANT agrees to testify at CITY's request if litigation is brought against CITY in connection with the Services. Unless the action is brought by CONSULTANT or is based upon CONSULTANT's negligence, CITY will compensate CONSULTANT for the preparation and the testimony at CONSULTANT's standard hourly rates.
ARTICLE 2 - COMPENSATION
2.1. Compensation. Compensation for the Services shall be in accordance with the rate and schedules specified in a Task Order. However, in no event shall the amount the CITY pays to CONSULTANT for work done under a Task Order exceed the total compensation specified in the Task Order (“Cost Ceiling”).
2.2. Invoices. CONSULTANT shall submit monthly invoices in a form satisfactory to CITY on or before the tenth day of each month for Services provided during the preceding month. CONSULTANT shall submit time and cost records as necessary to substantiate Item #7.6.
[Type here]
performance of the Services. Within 35 days after receipt of each such invoice, CITY shall verify the accuracy of the invoice, correct the charges where appropriate and as discussed and mutually agreed with CONSULTANT, and make payment to CONSULTANT in an amount equal to the amount of such invoice, as verified or corrected by CITY. No payment hereunder shall be construed as evidence of acceptance of any of CONSULTANT's work. CITY reserves the right to withhold payment from CONSULTANT on account of Services not performed satisfactorily, delays in CONSULTANT's performance of Services, or other defaults hereunder. CONSULTANT shall not stop or delay performance of the Services under this Agreement on account of payment disputes with CITY.
2.3. Status Reports. Together with each monthly invoice, CONSULTANT shall submit a status report detailing the amount expended on the Services to that date and the remaining amount to be expended before the Cost Ceiling is reached. CONSULTANT shall notify CITY in writing when payments have reached 90 percent of the Cost Ceiling.
2.4. Withholding. In lieu of holding retention, CITY shall withhold CONSULTANT's final payment under a Task Order until the Services provided under that Task Order are complete and CITY has received all Documents. CONSULTANT shall diligently continue and complete performance of the Services if the Services are not complete at the time CONSULTANT has performed services up to the Cost Ceiling.
ARTICLE 3 - TIME OF PERFORMANCE
3.1. Effective Date. This Agreement shall become effective upon execution of the second signature and shall remain in full force and effect until June 30, 2023 (the "Term").
Notwithstanding the foregoing, this Agreement may be extended for successive one-year term(s) upon mutual, written approval by the City Manager or his/her designee and CONSULTANT. Work authorized by a Task Order shall be performed in accordance with the schedule set forth in the Task Order.
3.2. Termination. This Agreement may be terminated at any time by CITY upon written notice to CONSULTANT.
3.3. Final Payment. CONSULTANT shall be entitled to compensation for Services performed up to the time of such termination, it being understood that any payments are full compensation for the Services rendered under this Agreement.
3.4. Other Remedies. Nothing in this Article 3 shall be deemed to limit the respective rights of the parties to terminate this Agreement for cause or otherwise to exercise any rights or pursue any remedies which may accrue to them.
ARTICLE 4 - DESIGNATED CONTACTS
4.1. CITY Contact. CITY designates City Manager or designee, its project manager, as its contact who shall be responsible for administering and interpreting the terms and conditions of this Agreement, for matters relating to CONSULTANT's performance under this Agreement, and for liaison and coordination between CITY and Item #7.6.
[Type here]
CONSULTANT. In the event CITY wishes to make a change in CITY 's representative, CITY will notify CONSULTANT of the change in writing.
4.2. CONSULTANT Contact. CONSULTANT designates Administrative Services Director as its contact, who shall have immediate responsibility for the performance of the Services and for all matters relating to performance under this Agreement. Any change in CONSULTANT's designated contact shall be subject to written approval by CITY.
ARTICLE 5 - INDEMNIFICATION AND INSURANCE
5.1. Indemnification. CONSULTANT shall, to the fullest extent allowed by law, with respect to claims, liability, loss, damage, costs, or expenses, including reasonable attorney's and expert witness fees, awards, fines, penalties, or judgments, arising out of or relating to the Services (collectively "Claims") that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, defend, indemnify, and hold harmless CITY, its Officials, officers, employees and agents (the "CITY Parties"), except to the extent the Claims are attributable to CITY Parties' gross negligence or willful misconduct. CONSULTANT shall defend the CITY Parties as required by California Civil Code Section 2778, and with counsel reasonably acceptable to those parties. CONSULTANT shall have no right to seek reimbursement from the CITY Parties for the costs of defense.
If CONSULTANT is a “design professional,” as defined in California Civil Code Section 2782.8(c), CONSULTANT shall indemnify, defend, and hold the Indemnitees harmless against Liability only to the extent such Liability arises out of, pertains to, or relates to CONSULTANT’s negligence, recklessness, or willful misconduct. In such an event, the cost to defend charged to CONSULTANT shall not exceed CONSULTANT’s proportionate percentage of fault.
The obligations contained in this Section 5.1 shall survive the termination of this Agreement for whatever cause for the full period of time allowed by law and shall not in any way be limited by the insurance requirements of this Agreement.
5.2. Health and Safety. CONSULTANT may perform part of the Services at sites which contain unknown working conditions and contaminated materials. CONSULTANT shall be solely responsible for the health and safety of CONSULTANT's employees during the performance of the Services.
5.3. Insurance. CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency shall procure, provide and maintain at all times during the performance of this Agreement, and for such additional periods as described herein, the insurance listed below with insurers licensed to do business in the State of California and with a Best's rating of no less than A:VII.
A. Commercial Automobile Liability Insurance. Commercial Automobile Liability Insurance providing bodily injury liability and property damage, to protect against all liability arising out of the use of any owned, leased, passenger or commercial Item #7.6.
[Type here]
automobile at a minimum amount of $1,000,000 combined single limit and $2,000,000 aggregate. Coverage shall apply to hired and non-owned autos.
B. Commercial General Liability Insurance. Commercial General Liability Insurance, with limits providing a minimum amount of $1,000,000 combined single limit coverage for each occurrence, $2,000,000 general aggregate and $2,000,000 products/completed operations aggregate. The insurance shall cover all operations including but not limited to the following: (1) premises, operations and mobile equipment liability; (2) completed operations and products liability; (3) contractual liability insuring the obligations assumed by CONSULTANT in this Agreement; (4) broad form property damage liability; (5) personal injury liability endorsement, including death; and (6) automobile bodily injury and property damage insurance, including all owned, hired and non-owned equipment.
C. Professional Liability Insurance. Professional Liability Insurance protecting against liabilities arising out of or in connection with negligent acts, errors, or omissions of CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency in connection with this Agreement, at a minimum amount of $1,000,000 combined single limit coverage and $1,000,000 aggregate, on a "claims made basis" with a continuation of coverage extension for liabilities for two years from the date the Services are substantially complete. Such professional liability policies shall include coverage for liability assumed by the CONSULTANT under this Agreement.
D. Workers Compensation Insurance. Workers Compensation insurance, occupational disease insurance and employer’s liability insurance shall be required with minimum limits as required by law, covering all workplaces involved in this Agreement.
E. Policy Terms. Concurrently with execution of this Agreement, CONSULTANT shall provide CITY with Certificates of Insurance evidencing that CONSULTANT has obtained or maintains the insurance required by this Section
5.3. The Certificates shall be on forms acceptable to CITY. CONSULTANT shall also furnish CITY with original endorsements with the following documentation:
• Precluding cancellation or reduction in coverage before the expiration of thirty (30) days after CITY shall have received written notification thereof from CONSULTANT by United States mail;
• Providing that CONSULTANT's insurance shall apply separately to each insured against whom claim is made or suit is brought, and include a “separation of insureds” or “severability” clause which treats each insured separately, except with respect to the limits of the insurer's liability (cross-liability endorsement);
• Excepting CONSULTANT’S professional liability insurance, naming CITY, its City Council, boards, commissions, committees, officers, employees and agents as additional insureds (“Additional Insureds”); and Item #7.6.
[Type here]
• Providing that for any claims relating to CONSULTANT's services hereunder, CONSULTANT's insurance coverage shall be primary insurance with respect to CITY, its City Council, boards, commissions, committees, officers, employees and agents, and that any insurance or self-insurance maintained by CITY for itself, its City Council, boards, commissions, committees, officers, employees and agents shall be in excess of CONSULTANT's insurance and shall not be contributory with it.
• It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverages requirements and/or limits shall be available to the Additional Insured, including but not limited to any umbrella or excess insurance.
Furthermore, the requirements for coverage and limits shall be the greater of:
(a) the minimum coverage and limits specified in this Agreement; or (b) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.
F. Waiver of Subrogation: CONSULTANT hereby grants to CITY a waiver of any right to subrogation which any insurer of said CONSULTANT may acquire against the CITY by virtue of the payment of any loss under such insurance.
CONSULTANT hereby agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. However, the Worker’s Compensation policy required by Section 5.3(D) of this Agreement shall be endorsed with a waiver of subrogation in favor of CITY for all work performed by CONSULTANT, its employees and/or agents.
G. Material Breach. If CONSULTANT fails to maintain insurance coverage or provided insurance documentation which is required pursuant to this Agreement, it shall be deemed a material breach of this Agreement. CITY, at its sole option, may terminate this Agreement and obtain damages from CONSULTANT resulting from said breach. Alternatively, CITY may purchase the required insurance coverage, and without further notice to CONSULTANT, may deduct from sums due to CONSULTANT any premium costs advanced by CITY for such insurance. These remedies shall be in addition to any other remedies available to CITY.
ARTICLE 6 - NOTICES
All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by facsimile or reputable overnight courier and shall be deemed received upon the earlier of: (1) if personally delivered, the date of delivery to the address of the person to receive such notice; (2) if delivered by Federal Express or other overnight courier for next business day delivery, the next business day; (3) if sent by facsimile, with the original sent on the same day by overnight courier, the date on which the facsimile is received, provided it is before 5:00 P.M. Pacific Time; or (4) if sent electronically, the date of delivery on the confirmed read receipt. Notice of change of address shall be given by written notice in the manner described in this Article 6. Rejection or other refusal to accept or the Item #7.6.
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inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice or communication sent. Unless changed in accordance herewith, the addresses for notices given pursuant to this Agreement shall be as follows:
If to CITY: Laura Snideman, City Manager
1232 Washington Street
Calistoga, CA 94515
Email: [email protected]
Phone: 707-942-2806
If to CONSULTANT:Tim Bush, Project Manager
366 Bel Marin Keys Blvd Suite D
Novato, CA 94949
Email: [email protected]
Phone:415-842-3251
ARTICLE 7 - MISCELLANEOUS
7.1. Conflict of Interest Prohibition. CITY and CONSULTANT will comply with the requirements of the CITY’s Conflict of Interest Code adopted pursuant to California Government Code §87300 et seq., the Political Reform Act (California Government Code §81000 et seq.), the regulations promulgated by the Fair Political Practices Commission (Title 2, §18110 et seq. of the California Code of Regulations), California Government Code §1090 et seq., and any other ethics laws applicable to the performance of the Services and/or this Agreement. CONSULTANT may be required to file with the CITY Clerk a completed Form 700 before commencing performance of the Services unless the CITY Clerk determines that completion of a Form 700 is not required, pursuant to CITY’s Conflict of Interest Code. Form 700 forms are available from the CITY Clerk.
CONSULTANT may not perform Services for any other person or entity that, pursuant to any applicable law or regulation, would result in a conflict of interest or would otherwise be prohibited with respect to CONSULTANT’s obligations pursuant to this Agreement.
CONSULTANT agrees to cooperate fully with CITY and to provide any necessary and appropriate information requested by CITY or any authorized representative concerning potential conflicts of interest or prohibitions concerning CONSULTANT’s obligations pursuant to this Agreement.
CONSULTANT may not employ any CITY official, officer or employee in the performance of the Services, nor may any official, officer or employee of CITY have any financial interest in this Agreement that would violate California Government Code §1090 et seq. CONSULTANT hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of CITY. If CONSULTANT was an employee, agent, appointee, or official of CITY in the previous twelve months, CONSULTANT warrants that it did not participate in any manner in the Item #7.6.
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forming of this Agreement. CONSULTANT understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and CONSULTANT will not be entitled to any compensation for CONSULTANT’s performance of the Services, including reimbursement of expenses, and CONSULTANT will be required to reimburse CITY for any sums paid to CONSULTANT under this Agreement. CONSULTANT understands that, in addition to the foregoing, penalties for violating Government Code §1090 may include criminal prosecution and disqualification from holding public office in the State of California.
Any violation by CONSULTANT of the requirements of this provision will constitute a material breach of this Agreement, and the CITY reserves all its rights and remedies at law and equity concerning any such violations.
7.2. Subcontracting. CONSULTANT may subcontract portions of the Services upon the prior written approval of CITY. CONSULTANT will be solely responsible for payment of such subcontract Services. No contractual relationship will exist between any such subcontractors of CONSULTANT and CITY. CONSULTANT’s subcontractors agree to be bound to CONSULTANT and CITY in the same manner and to the same extent as CONSULTANT is bound to CITY under the Agreement. CONSULTANT’s subcontractors further agree to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, with any subsubcontractor to the extent they apply to the scope of the sub-subcontractor’s work. A copy of the CITY indemnity and insurance provisions will be furnished to CONSULTANT’s subcontractors upon request.
7.3. Entire Agreement. This Agreement represents the entire understanding of CITY and CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may only be modified by an amendment in writing signed by each party.
7.4. No Assignment. The Services are deemed unique and neither party shall assign, transfer, subcontract or otherwise substitute its interest in this Agreement or any of its obligations hereunder without the prior written consent of the other party. As limited by this Section
7.2, this Agreement is to be binding on the successors and assigns of the parties hereto.
7.5. Severability. If any part of this Agreement is determined to be unconstitutional, invalid or beyond the authority of either party, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement can be interpreted to give effect to the intentions of the parties.
7.6. Counterparts. This Agreement may be signed in counterparts and, when fully signed, such counterparts shall have the same effect as if signed in one document.
Item #7.6.
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7.7. Choice of Law. This Agreement and all matters relating to it shall be governed by the laws of the State of California without reference to its choice of laws principles and venue shall be in the appropriate court in Napa County, California.
7.8. Waiver. No failure on the part of either Party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder. A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other further breach.
7.9. Mediation. In the event the parties are unable to resolve a dispute arising under this Agreement through good faith negotiations, the parties agree to submit the matter to mediation with a mutually agreeable mediator. Prior to the mediation, the parties shall exchange any documents reasonably necessary to resolve the matter to be mediated.
7.10. Interpretation. In the event this Agreement is ever construed in any dispute between the parties, it and each of its provisions shall be construed without regard to the party or parties responsible for its preparation and shall be deemed to have been prepared jointly by the parties. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement.
7.11. Authority. Each individual executing this Agreement on behalf of one of the parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such party and that this Agreement is binding on such party in accordance with its terms.
7.12. Third Parties. Nothing contained in this Agreement shall create a contractual relationship with, or cause of action in favor of, a third party against either the CITY or CONSULTANT. CONSULTANT’s Services hereunder are being performed solely for the benefit of CITY. CITY shall be an express third-party beneficiary of all contracts between CONSULTANT and any subcontractors or subconsultants in connection with any services performed in connection with, or in furtherance of, this Agreement. ***
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Item #7.6.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.
CITY OF CALISTOGA
By: Date
Laura Snideman, City Manager
CONSULTANT
By: Date
By: Date
Attest:
By: ___________________________
Marni Rittburg, City Clerk
Approved As To Form
By:
Michelle Marchetta Kenyon, City Attorney
Item #7.6.
OAK #4818-2196-0582 v1
EXHIBIT A
TASK ORDER
Item #7.6.
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TASK ORDER NO. ________
CITY OF CALISTOGA
AND
MARIN IT INC.,
SECTION 1 – PURPOSE
The purpose of this Task Order is to authorize and direct Marin IT Inc., to proceed with the work specified in SECTION 2 below, in accordance with the provisions of the Master Agreement for Consultant Services between the City of Calistoga (“CITY”) and Marin It Inc., (“CONSULTANT”) hereto dated July 1, 2022 (“MASTER AGREEMENT”) SECTION 2 – SCOPE OF WORK
The items authorized by this Task Order are presented in Attachment “A” – Scope of Services, which is attached hereto and incorporated by this reference.
SECTION 3 – COMPENSATION AND PAYMENT
Compensation shall be as provided in the MASTER AGREEMENT. Compensation for services as set forth in SECTION 2 shall be as set forth in Attachment “B” – Compensation, which is attached hereto and incorporated by this reference. Total compensation for all services provided under this Task Order shall not exceed ($155,734) (“Cost Ceiling”).
SECTION 4 – TIME OF PERFORMANCE
The services described in SECTION 2 of this Task Order shall be completed by Marin IT Inc., or as extended in writing by the City Manager.
SECTION 5 – ITEMS AND CONDITIONS
All terms and conditions contained in the MASTER AGREEMENT are incorporated by reference and remain in full force and effect.
Approved this _______ day of _____, _______.
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Item #7.6.
[Type here]
CITY OF CALISTOGA
By: Date
Laura Snideman, City Manager
Approved As To Form
By:
Michelle Marchetta Kenyon, City Attorney
CONSULTANT
_______________________________
By: Date
By: Date
Item #7.6.
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ATTACHMENT “A”
SCOPE OF SERVICES
Marin IT, Inc., will provide computer and network related service and consulting for the City of Calistoga. A weekly visit, consisting of 16 hours is scheduled for face-to-face contact. Other services will be provided via telephone and remote computer connections. Additional services beyond 16 hours per week of contracted time will be arranged, approved and billed separately.
Support and Maintenance of the following:
• PC's
• Servers & VM Hosts
• Network Equipment (Switches, Firewalls, Routers, Wireless) • Mobile Devices (tablets, Vehicle MDT's, cellphones)
• Business Network/Back Office - MS Active Directory, user accounts and access, Office 365 Apps and Email, Adobe, anti – virus
• Frontline support and maintenance for CAD/RMS
• Business security and continuity - security awareness training, email SPAM & Malware filtering, data backup (including cloud -to-cloud) • Remote monitoring and management of computers, servers, and tablets/iPad's Marin IT technicians are expected to work with the City of Calistoga in supporting the network. Marin IT will provide an online service ticket and tracking system.
In the event that issues arise which are outside of the scope of this proposal Marin IT will discuss any fee impact with the designated City of Calistoga representative before proceeding with the work.
Item #7.6.
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ATTACHMENT “B”
COMPENSATION
Onsite IT Service, Support, Maintenance $ 99,840
• 16 hours per week for one year
• Total of 832 hours at $120 per hour
•
Connectwise Automate Proactive Service and Monitoring $ 28,800 • 80 devices
Barracuda – Intronis Cloud Data Backup $ 3,900
Misc. Software/Licenses/Service plan renewals $ 1,850
Server License Upgrades $ 5,000
Security Awareness Training $ 3,200
KnowBE4 – Training Management $ 3,000
Contingency – Unexpected hardware, labor, software $ 10,000 Taxes $ 144
_________
Grand Total $155,734
Any additional hours outside the 16 hours per week will be preapproved and billed at 1.5 times the hourly rate of $145.00 per hour. After hours emergency calls for remote support requires a 2- hour minimum at the overtime rate. If onside emergency support is needed, a $200 mobilization fee and a 2-hour minimum will be required.
On-site Emergency calls for all holidays require a $200 call-out fee, and a 2-hour minimum at 2 times the base Time & Materials rate (currently $145 per hour). Remote support fees for holidays will be billed at 2-hours upfront, then at 30 minutes intervals after the initial two hours with no call-out fee.
Special projects that cannot be completed during regular visits or fall outside the Scope of Work will be quoted separately and submitted for approval prior to start of work.
Item #7.6.
Prepared for City of Calistoga
City of Calistoga IT Support FY2022-2023
Quote#2022-002598 v1
PREPARED FOR PREPARED BY
Gloria
Leon
[email protected]
(707) 942-2803
Tim Bush
[email protected]
(415) 842-3251
,
Item #7.6.
www.marinit.com -
Thursday, May 19, 2022
City of Calistoga
Gloria Leon
1232 Washington Street
Calistoga, CA 94515
[email protected]
Dear Gloria,
Marin IT, Inc. is pleased to provide City of Calistoga with our proposal for Managed IT Support.
IT support Scope of Work - Marin IT, Inc. Responsibilities As part of this agreement it is our understanding that we will be provide the IT support required for City of Calistoga to continue daily operations including, but not limited to, support and maintenance of the following:
PC's
Servers & VM Hosts
Network Equipment (Switches, Firewalls, Routers, Wireless) Mobile Devices (tablets, Vehicle MDT's, cellphones)
Business Network/Back Office - MS Active Directory, user accounts and access, Office 365 Apps and Email, Adobe, anti - virus
Frontline support and maintenance for CAD/RMS
Additionally, Marin IT will provide the following MSP services:
Business security and continuity - security awareness training, email SPAM & Malware filtering, data backup (including cloud-to-cloud)
Remote monitoring and management of computers, servers, and tablets/iPad's Marin IT technicians are expected to work with the City of Calistoga in supporting the network. We will provide an online service ticket and tracking system.
In the event that issues arise which are outside of the scope of this proposal Marin IT will discuss any fee impact with the designated City of Calistoga representative before proceeding with the work.
Client Responsibilities:
All client and server software licenses associated with this agreement will be obtained & managed by the end user City of Calistoga will be responsible for communicating needs & changes thru the designated representative / channels only.
Client is responsible for providing reasonable/timely access to all buildings, offices, devices, laptops, smart phones, tablets, etc.
Quote #2022-002598 v1 Page: 2 of 9
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Change / System Upgrade Process:
Discuss the need for the change in scope
Identify the additional tasks, which need to be performed in order to complete the change in scope. Estimate the cost associated with the additional scope, and determine the impact on network operation. This agreement includes supporting IP connectivity to all City of Calistoga locations to support facilities operations (if applicable).
Pricing/Rate Schedule:
This proposal is meant to provide both onsite and remote support for City of Calistoga but does not include special projects. Any additional projects or on-site service will be chargeable at the rates described below. This agreement does not include hardware replacement or upgrades.
Our charge for MSP and contracted service is detailed in the "Managed Services" section. These rates are quoted for support during normal business hours (Monday through Friday between 8:00 AM and 5:30 PM). Marin IT is proposing (16) hours every week for onsite maintenance and support (1 year, totaling 832 hours). Our standard rate is $145 per hour for this type of service, however Marin IT is extending a discounted municipal government/public safety rate of $120 per hour. Marin IT will bill the discounted rate in 1/2 hour increments for On-Demand Help Desk services.
Rates for overtime, nights, weekends will be billed at 1 ½ times the T&M rate ($145). After hours emergency calls for remote support requires a 2-hour minimum at the OT rate. Onsite Emergency support is needed, there is a $200 mobilization fee and a 2-hour minimum.
On-site Emergency calls for all holidays require a $200 call-out fee, and a 2-hour minimum at 2 times the base T&M rate (currently $145 per hour). Remote support fees for holidays will be billed at 2-hours upfront, then at 30 minutes intervals after the initial two hours with no call-out fee. Unless you are a public safety organization or a hospital, Marin IT does not provide any service on the following days: January 1st, Memorial Day, 4th of July, Thanksgiving Day, and the day after Thanksgiving, Christmas Eve after 12 pm, and Christmas Day.
Rates for special projects are not covered under the scope of this agreement. They Range range from $145 to $200 per hour, depending on the type/scope of work performed.
Clients are billed monthly for all services rendered. Payment is on net-30 terms. If a client has a balance due that is 60 days or older, no service will be performed until the account is made current. Marin IT does not accept credit cards.
Invoicing
Payment shall be made within 30 days of the date of invoice. Invoices will include the date of service and a description of the services rendered. If any invoice is not paid when due, interest will be added to and payable on all overdue amounts at 18 percent per year, or the maximum percentage allowed under applicable laws, whichever is less. Buyer shall pay all costs of collection, including without limitation, reasonable attorney fees.
Terminatio of Agreement
Term: The length of this agreement is for one year and begins on the first date of service Discretionary: After the first 9 months of the initial term, either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. Any fee waivers will be payable to Marin IT & will be included in the final bill. All rates for services will become billable at the current project/T&M rates on the date of notification.
Cause: Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or Quote #2022-002598 v1 Page: 3 of 9
Item #7.6.
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personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period.
Effect of Termination: Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. Return of Documents: Upon termination, any and all documents or materials provided to Marin IT and any and all of Marin IT documentation and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to the designated City of Calistoga representative as soon as possible, but not later than thirty (30) days after termination.
Non-Solicitation
During the term of this agreement, and for a period of one (1) year thereafter, neither party will directly or indirectly solicit away employees or consultants of the other party.
Tim Bush
Director of Accounts
Marin IT
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Managed Services
DESCRIPTION Monthly Recurring QTY EXT. REC.
Onsite IT Service, Support, Maintenance
16 hours per week for 1 year
Total of 832 hours at $120 per hour
Onsite Services performed:
Ticket/end-user break/fix resolution
Server Maintenance - DNS, DHCP, patching/hot-fixes, verify and test data backup, examine server logs, etc
End-user device and peripheral maintenance
Network device maintenance - firmware updates, examine log files, misc adjustments as needed
MDT & CAD/RMS support (PD)
Software support/updates
Device software/firmware updates
Office 365 management/administration
$8,320.00 12 $99,840.00
Connectwise Automate Proactive Service and Monitoring
Pc/Mac/Server
Includes Webroot Security - anti-virus/malware
Up to 80 devices (Servers, PC/MAC) @ $30.00 each per month ($2400.00 monthly)
Pro-active system monitoring and alerting
Advanced IT asset inventory reporting and management
Secure remote control
* - Device count will be adjusted as needed - Client only billed for devices in use
** - License renewal fee of $2400 waived
$2,400.00 12 $28,800.00
Barracuda - Intronis cloud data backup
Real-time backup for Servers and computers (physical or VM) Rapid recovery with physical to virtual recover capability Object-level restore
$325.00 12 $3,900.00
Recurring Monthly : $11,045.00
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Maint. Renewals
DESCRIPTION PRICE QTY EXT. PRICE
Misc Software/Licenses/Service plan renewals $0.00 0 $0.00 Server License Upgrades $925.00 2 $1,850.00
Misc Renewals - Cisco Smartnet - Dell - VMWare -NetMotion-Etc.
Covers up to $5000 - Client only billed for actual
$5,000.00 1 $5,000.00
Subtotal: $6,850.00
Security Awareness Training
DESCRIPTION PRICE QTY EXT. PRICE
KnowBe4 Diamond - Security awareness training and Simulated Phishing platform - Covers up to 125 user accounts
Up to 100 recurring subscription seats of KnowBe4 Diamond level cyber security awareness training platform - $32.00 each - $3200.00 for twelve (12) months, renewing annually.
KnowBe4 Diamond level includes:
Training videos to help users identify phishing and ransomware attacks.
Printed materials reminding users about cyber security and how to identify phishing and ransomware attempts.
Simulated phishing campaigns to measure cyber security awareness, both prior to initial training and ongoing.
Phish Alert Button Outlook Plug-in for reporting suspicious email to IT.
Second Chance - Link Transparency for Outlook.
End User clicker reports for measuring training efficacy. Reported phishing attack statistics.
Reports on training attendance per user.
* Marin IT recommends at least one campaign every 4 months. ** Client only billed for actual licenses required. Total will be adjusted as needed
$3200.00 1 $3200.00
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Security Awareness Training
DESCRIPTION PRICE QTY EXT. PRICE
KnowBe4 - Training Management
Coordinate campaign with CoC management staff
Build campaign and publish videos, prepare end-user
communications
Monitor training - begin email campaign
Monitor and prepare reports as needed
Present to CoC management and plan post-campaign action items
Covers (3) campaigns for one year - each billed separately $3,000.00 1 $3,000.00
Subtotal: $6,200.00
Contingency
DESCRIPTION PRICE QTY EXT. PRICE
Budgetary Contingency
Recommended for unexpected hardware, labor, software purchasers $10,000.00 1 $10,000.00
Subtotal: $10,000.00
Quote #2022-002598 v1 Page: 7 of 9
Item #7.6.
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City of Calistoga IT Support FY2022-2023
Prepared by: Prepared for: Quote Information:
Marin IT
Tim Bush
(415) 842-3251
[email protected]
City of Calistoga
1232 Washington Street
Calistoga, CA 94515
Gloria Leon
(707) 942-2803
[email protected]
2022-002598
Version: 1
Delivery Date: 05/18/2022
Expiration Date: 06/17/2022
Quote Summary
DESCRIPTION AMOUNT
Maint. Renewals $6,850.00
Security Awareness Training $6200.00
Contingency $10,000.00
Subtotal: $23,050.00
Estimated Tax: $143.38
Total: $23,193.88
Recurring Expenses Summary
DESCRIPTION AMOUNT
Managed Services - $11,045.00 per month for 12 months $132,540.00 Grand Total : $155,733.88
Prices: Quoted product pricing is valid for thirty (30) days assuming product availability, and does not include applicable taxes and freight.
Buyer agrees to pay reasonable shipping charges and all applicable taxes (excluding income taxes). Services include only those items specified in the quotation. Additional services may be provided at Marin IT’s then standard billing rates.
Payment: Payment shall be made within 30 days of the date of invoice. If any invoice is not paid when due, interest will be added to and payable on all overdue amounts at 18 percent per year, or the maximum percentage allowed under applicable laws, whichever is less. Buyer shall pay all costs of collection, including without limitation, reasonable attorney fees.
Warranties: Product warranties, if any, are provided by the manufacturer or publisher of the products. MARIN IT, INC. MAKES NO
WARRANTIES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARANTY OF FITNESS FOR A PARTICULAR PURPOSE, WHATSOEVER. ALL SERVICES AND DELIVERABLES ARE PROVIDED ON AN "AS IS" BASIS.
Limitation of Liability: CUSTOMER AGREES THAT THE LIABILITY OF MARIN IT FOR DIRECT DAMAGES RELATED TO ANY PRODUCT OR
SERVICE ARISING UNDER THESE TERMS AND CONDITIONS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE NET AMOUNT PAID TO MARIN ITBY CUSTOMER FOR THAT PRODUCT OR SERVICE WHICH IS THE SUBJECT OF THE CLAIM.
MARIN ITSHALL IN NO EVENT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE, EVEN IF MARIN IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER PARTY
MAKES ANY REPRESENTATION OR WARRANTY AS TO ANY THIRD PARTY INFORMATION OR PRODUCTS PROVIDED TO EACH OTHER, ALL OF WHICH ARE PROVIDED, SOLD OR LICENSED "AS IS," AND THE PARTIES AGREE TO LOOK SOLELY TO THE WARRANTIES AND REMEDIES, IF ANY, PROVIDED BY THE THIRD PARTY.
Quote #2022-002598 v1 Page: 8 of 9
Item #7.6.
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Marin IT City of Calistoga
Signature:
Name: Tim Bush
Title: Director of Accounts
Date: 05/18/2022
Signature:
Name: Gloria Leon
Date:
Quote #2022-002598 v1 Page: 9 of 9
Item #7.6.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Gloria Leon, Administrative Services Director
Meeting: City Council - Jun 21 2022
Subject: Fiscal Year 2021-22 Year End Budget Adjustments DESCRIPTION:
Consider adopting a Resolution approving Operating and Capital Improvement Budget adjustments for Fiscal Year 2021-22.
RECOMMENDATION:
Adopt Resolution
BACKGROUND/SUMMARY:
On June 15, 2021, the Fiscal Year 2021-22 Budget was adopted by the City Council. This budget contained significant reductions in expenditures to achieve a balanced budget.
On April 5, 2022, staff presented at the City Council regular meeting several budget adjustments for FY 2021-22 based on the determination by the City Manager that these adjustments were essential to the City’s operations. The City Council approved the adjustments to the FY 2021-221 Operating and Capital Improvement Budget.
The attached resolution addresses adjustments for revenues, operating expenditures and several capital projects that were not undertaken as was anticipated due to changes in priorities, scope of projects or lack of staff resources. Several capital projects that were not undertaken in FY 2021-22 have been included in the FY 2022-23 Budget.
CEQA STATUS:
This item is not subject to CEQA requirements.
FINANCIAL IMPACT:
See attachment A to Resolution
ATTACHMENT(S):
Attach 1 Reso Budget Adjustment for FY 21-22
2021-22 Final Budget Adjustments
APPROVAL(S):
Item #7.7.
Gloria Leon, Administrative Services Director Approved - Jun 14 2022 Laura Snideman, City Manager Approved - Jun 14 2022
Marni Rittburg, City Clerk Approved - Jun 14 2022
Item #7.7.
RESOLUTION NO. 2022-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA,
COUNTY OF NAPA, STATE OF CALIFORNIA, APPROVING ADJUSTMENTS TO THE CITY’S OPERATING AND CAPITAL IMPROVEMENT BUDGET FOR FISCAL YEAR 2021-22
WHEREAS, the City Council of the City of Calistoga adopted an Operating Budget and Capital Improvement Program for Fiscal Year 2021-22 on June 15, 2021; and
WHEREAS, the City Council of the City of Calistoga adopted budget adjustments on April 5, 2022, for Fiscal Year 2021-22 based on the determination by the City Manager that these adjustments were essential to the City’s operations; and
WHEREAS, the City Council has reviewed the proposed budget adjustments for the period of July 1, 2021, through June 30, 2022, and does hereby find the recommendation to be necessary and in the City’s best interest.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Calistoga hereby approves the budget adjustments to the City of Calistoga Operating and Capital Improvement Budget for Fiscal Year 2021-22 as shown as Exhibit A to this resolution.
PASSED, APPROVED AND ADOPTED this 21st 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:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
__________________________ ________________________
Marni Rittburg, CMC, City Clerk Chris Canning, Mayor
Attachment 1
Item #7.7.
Exhibit A
Account # Fund Description
Adjustment
Amount
fund dept object
01 3203 General Fund Sales Tax (225,905)
01 3204 General Fund Transient Occupancy Tax (1,867,578) 01 3243 General Fund Fire Dept - Reimbursements for Services (180,000) 01 3299 General Fund Transfers in 127,798
01 4107 4479 General Fund Up Valley Center - 95,700
01 4107 4487 General Fund Boys and Girls Club 45,500
01 4108 4301 General Fund Finance - Salaries (8,655)
01 4108 4303 General Fund Finance - FICA/Medicare (124) 01 4108 4305 General Fund Finance - Incentive (20)
01 4108 4310 General Fund Finance - PERS (480)
01 4108 4312 General Fund Finance - Workers' Comp (86)
01 4111 4301 General Fund City Clerk - Salaries (428)
01 4111 4303 General Fund City Clerk - FICA /Medicare (33) 01 4111 4310 General Fund City Clerk - PERS (36)
01 4111 4312 General Fund City Clerk - Workers' Comp (23) 01 4113 4402 General Fund City Attorney - Contract 50,000 01 4114 4301 General Fund City Manager - (37,838)
01 4114 4303 General Fund City Manager- FICA (2,217)
01 4114 4310 General Fund City Manager - PERS (5,242)
01 4114 4311 General Fund City Manager - Medical/Dental (2,000) 01 4114 4312 General Fund City Manager - Workers' Comp (2,251) 01 4114 4313 General Fund City Manager - Other Benefits (300) 01 4114 4405 General Fund City Manager- Training 2,000
01 4115 4301 General Fund Planning - Salaries (1,847)
01 4115 4303 General Fund Planning - FICA/Medicare (142) 01 4115 4310 General Fund Planning - PERS (141)
01 4115 4311 General Fund Planning - Medical/ Dental (10,000) 01 4115 4312 General Fund Planning - Workers Comp (98)
01 4116 4301 General Fund Police - Salaries 8,306
01 4116 4302 General Fund Police - Overtime 73,546
01 4116 4303 General Fund Police - Fica 750
01 4116 4309 General Fund Police - Special Pay 601
01 4116 4310 General Fund Police - PERS 1,467
01 4116 4311 General Fund Police - Medical/Dental (20,000) 01 4116 4312 General Fund Police - Worker's Comp 520
01 4116 4316 General Fund Police - 401A 55,920
01 4117 4301 General Fund Fire Dept - Salaries (7,664)
01 4117 4303 General Fund Fire Dept - FICA/Medicare (403) 01 4117 4308 General Fund Fire Dept - Part-Time Salaries (14,553) 01 4117 4309 General Fund Fire Dept - Special Pay 3,650 01 4117 4310 General Fund Fire Dept - PERS (2,272)
01 4117 4312 General Fund Fire Dept - Workers Comp (277) 01 4117 4316 General Fund Fire Dept - 401A 45,324
01 4121 4301 General Fund PW Admin - Salaries (681)
01 4121 4303 General Fund PW Admin - FICA/ Medicare (53) 01 4121 4310 General Fund PW Admin - PERS (145)
01 4121 4312 General Fund PW Admin - Workers' Comp (37) 01 4122 4301 General Fund PW Streets - Salaries (1,712) The City of Calistoga Operating Budget for Fiscal Year 2021-22 Budget Adjustments 06/30/22
6/10/2022
Item #7.7.
Exhibit A
Account # Fund Description
Adjustment
Amount
The City of Calistoga Operating Budget for Fiscal Year 2021-22 Budget Adjustments 06/30/22
01 4122 4302 General Fund PW Streets - Overtime (95)
01 4122 4303 General Fund PW Streets - FICA/Medicare (145) 01 4122 4309 General Fund PW Streets - Special Pay (89) 01 4122 4310 General Fund PW Streets - PERS (437)
01 4122 4312 General Fund PW Streets - Workers' Comp (102) 01 4123 4301 General Fund PW Parks - Salaries (1,021)
01 4123 4302 General Fund PW Parks - Overtime (22)
01 4123 4303 General Fund PW Parks - FICA/Medicare (82) 01 4123 4309 General Fund PW Parks - Special Pay (31)
01 4123 4310 General Fund PW Parks - PERS (219)
01 4123 4312 workers comp PW Parks - Worker's Comp (57) 01 4124 4301 General Fund PW Mntc Shop - Salaries (254) 01 4124 4302 General Fund PW Mntc Shop - Overtime (2)
01 4124 4303 General Fund PW Mntc Shop - FICA/Medicare (16) 01 4124 4309 General Fund PW Mntc Shop -Special Pay (4) 01 4124 4310 General Fund PW Mntc Shop - PERS (78)
01 4124 4312 General Fund PW Mntc Shop - Workers' Comp (12) 01 4125 4301 General Fund Building - Salaries (14,134)
01 4125 4303 General Fund Building - Fica (137)
01 4125 4305 General Fund Building - Incentive 26
01 4125 4310 General Fund Building- PERS (146)
01 4125 4311 General Fund Building- Medical Ins (8,000) 01 4125 4312 General Fund Building - Workers Comp (95)
01 4125 4402 General Fund Building - Contract 15,000
01 4126 4301 General Fund PW Pool - Salaries (144)
01 4126 4302 General Fund PW Pool - Overtime (3)
01 4126 4303 General Fund PW Pool - FICA (12)
01 4126 4309 General Fund PW Pool - Incentive Pay (4)
01 4126 4310 General Fund PW Pool - PERS (28)
01 4126 4312 General Fund PW Pool - Workers' Comp (9)
01 4127 4301 General Fund PW Bldg - Salaries (1,024)
01 4127 4302 General Fund PW Bldg - Overtime Pay (25)
01 4127 4303 General Fund PW Bldg - FICA/Medicare (83)
01 4127 4309 General Fund PW Bldg - Special Pay (33)
01 4127 4310 General Fund PW Bldg - PERS (220)
01 4127 4312 General Fund PW Bldg - Worker's Comp (58)
01 4127 4404 General Fund PW Bldg - Repairs 30,000
01 4129 4301 General Fund Dispatch - Salaries (3,030)
01 4129 4302 General Fund Dispatch - Overtime 16,262
01 4129 4303 General Fund Dispatch - Fica/Medicare (200) 01 4129 4308 General Fund Dispatch - Part-time (26,497) 01 4129 4309 General Fund Dispatch - Incentive Pay 339
01 4129 4310 General Fund Dispatch - PERS (1,006)
01 4129 4312 General Fund Dispatch - Workers' Comp (139) 01 4138 4301 General Fund Fire Emergency - Salaries (154) 01 4138 4303 General Fund Fire Emergency - FICA/Medicare (12) 01 4138 4310 General Fund Fire Emergency - PERS (85)
01 4138 4312 General Fund Fire Emergency - Workers' Comp (8) 01 4152 4301 General Fund Recreation - Salaries (671)
01 4152 4303 General Fund Recreation - FICA/Medicare (53) 6/10/2022
Item #7.7.
Exhibit A
Account # Fund Description
Adjustment
Amount
The City of Calistoga Operating Budget for Fiscal Year 2021-22 Budget Adjustments 06/30/22
01 4152 4305 General Fund Recreation - Incentive Pay 11 01 4152 4310 General Fund Recreation - PERS (51)
01 4152 4312 General Fund Recreation - Workers Comp (36) 01 4153 4301 General Fund Rec - Educ - Salaries (452)
01 4153 4303 General Fund Rec - Educ - Fica/Medicare (35) 01 4153 4309 General Fund Rec - Educ - Incentive Pay (5) 01 4153 4310 General Fund Rec - Educ - PERS (34)
01 4153 4312 General Fund Rec - Educ - Workers Comp (25) 01 4154 4301 General Fund Rec - Seniors Salaries (218)
01 4154 4303 General Fund Rec - Seniors Fica and Medicare (17) 01 4154 4309 General Fund Rec - Seniors - Incentive 11
01 4154 4310 General Fund Rec - Seniors PERS (17)
01 4154 4312 General Fund Rec - Seniors Workers comp (12) 01 4155 4301 General Fund Rec - Community - Salaries (117) 01 4155 4303 General Fund Rec - Community - FICA/Medicare (8) 01 4155 4305 General Fund Rec - Community incentive pay 4 01 4155 4310 General Fund Rec - Community - PERS (9)
01 4155 4312 General Fund Rec - Community - Workers' Comp (6) 01 4156 4301 General Fund Rec - Aquatics - Salaries (584) 01 4156 4303 General Fund Rec - Aquatics - FICA/Medicare (45) 01 4156 4308 General Fund Rec - Aquatics - Part-Time Salaries (15,000) 01 4156 4310 General Fund Rec - Aquatics - PERS (46)
01 4156 4312 General Fund Rec - Aquatics - Workers Comp (32) 01 4170 4301 General Fund Risk Mgmt - Salaries (7,873)
01 4170 4303 General Fund Risk Mgmt - FICA (30)
01 4170 4305 General Fund Risk Mgmt - Incentive 14
01 4170 4310 General Fund Risk Mgmt - PERS (88)
01 4170 4312 General Fund Risk Mgmt - Workers' Comp (21) 01 4170 4435 General Fund Risk Mgmt - Claims Reserves Payments (5,000) 01 4172 4301 General Fund Personnel - Salaries (615)
01 4172 4303 General Fund Personnel - FICA/Medicare (47) 01 4172 4310 General Fund Personnel - PERS (52)
01 4172 4312 General Fund Personnel - Workers Comp (33) 01 4172 4402 General Fund Personnel -Contract Services 35,000 01 4172 4410 General Fund Personnel -Advertising 5,000
01 4173 4301 General Fund Sharpsteen - Salaries (32)
01 4173 4302 General Fund Sharpsteen - Overtime Pay (2) 01 4173 4303 General Fund Sharpsteen - Fica and Medicare (3) 01 4173 4309 General Fund Sharpsteen - Special Pay (2)
01 4173 4310 General Fund Sharpsteen - PERS (8)
01 4173 4312 General Fund Sharpsteen - workers comp (2) 01 4176 4301 General Fund Economic Development - Salaries (5,423) 01 4176 4303 General Fund Economic Development - Fica/Medicare (533) 01 4176 4310 General Fund Economic Development - PERS (1,037) 01 4176 4311 General Fund Economic Development - Medical/Dental (1,000) 01 4176 4312 General Fund Economic Development - Worker's Comp (523) 01 4670 4402 General Fund Housing Element 120,000
01 4700 4799 General Fund Transfers Out- (32,798)
01 5402 4915 General Fund CIP - Pavement Maintenance (21,000) 01 5501 4915 General Fund CIP- City Hall Imp (40,000)
6/10/2022
Item #7.7.
Exhibit A
Account # Fund Description
Adjustment
Amount
The City of Calistoga Operating Budget for Fiscal Year 2021-22 Budget Adjustments 06/30/22
01 5502 4915 General Fund CIP - Sharpsteen Museum (25,000) 01 5520 4915 General Fund CIP - Grant St Culvert 322
01 5565 4915 General Fund CIP - Oak Hill Mine (25,000)
01 5569 4915 General Fund CIP- Logvy Prk (30,000)
01 5585 4915 General Fund CIP- Pedestrian Bridge At Gold (198,000) 01 5592 4915 General Fund CIP - Fairgrounds Purchase 75,000 01 5602 4915 General Fund CIP - Rancho De Generators (152,846) 01 5619 4401 General Fund CIP -COVID-19 8,000
01 5625 4915 General Fund CIP - Fire Station Paint (35,000) Total for General Fund (2,234,563)
6/10/2022
Item #7.7.
Exhibit A
Account # Fund Description
Adjustment
Amount
The City of Calistoga Operating Budget for Fiscal Year 2021-22 Budget Adjustments 06/30/22
02 3221 Water Enterprise Delinquent Penalties and Charges (65) 02 3267 Water Enterprise Water Connections (440)
02 3282 Water Enterprise Reimbursements for Misc City Services (15,799) 02 3289 Water Enterprise Other Revenue (148,324)
02 3401 Water Enterprise Single Residence 118,944
02 3403 Water Enterprise Multi Residence 18,611
02 3405 Water Enterprise Mobile Homes 141,644
02 3409 Water Enterprise Residential Meter Charges (38,055) 02 3410 Water Enterprise Transient General (134,491)
02 3412 Water Enterprise SPAS (15,999)
02 3414 Water Enterprise Camp Grounds 6,300
02 3416 Water Enterprise Bed and Breakfast (7,280)
02 3419 Water Enterprise Transient Meter Charges 28,092 02 3420 Water Enterprise Commercial General (758)
02 3422 Water Enterprise Restaurants (13,616)
02 3424 Water Enterprise Laundries 3,426
02 3426 Water Enterprise Public Buildings 19,143
02 3428 Water Enterprise Medical Care 8,869
02 3429 Water Enterprise Commercial Meter Charges 19,647 02 3440 Water Enterprise Industrial General (64)
02 3442 Water Enterprise Bottling Works (916)
02 3443 Water Enterprise Commercial Works 9,788
02 3449 Water Enterprise Industrial Meter Charges 11,744 02 4131 4301 Water Enterprise Distribution - Salaries (1,853) 02 4131 4302 Water Enterprise Distribution - Overtime (112) 02 4131 4303 Water Enterprise Distribution - FICA/Medicare (159) 02 4131 4309 Water Enterprise Distribution - Special Pay (113) 02 4131 4310 Water Enterprise Distribution - PERS (543) 02 4131 4312 Water Enterprise Distribution - Workers Comp (110) 02 4131 4404 Water Enterprise Distribution - Repairs 32,000 02 4132 4301 Water Enterprise Treatment - Salaries (2,261) 02 4132 4302 Water Enterprise Treatment - Overtime (116) 02 4132 4303 Water Enterprise Treatment - FICA/Medicare (194) 02 4132 4309 Water Enterprise Treatment - Special Pay (154) 02 4132 4310 Water Enterprise Treatment - PERS (529)
02 4132 4312 Water Enterprise Treatment - Workers Comp (136) 02 Total for Water Operations Fund 36,121
03 3282 WWTP Reimbursement for Misc City Services 19,630 03 3289 WWTP Other Revenue (929)
03 3501 WWTP Single Residence (51,164)
03 3502 WWTP WWTP Capacity Allocation (525)
03 3503 WWTP Multi Residence (15,034)
03 3505 WWTP Mobile Homes (8,451)
03 3510 WWTP Transient General (21,355)
03 3512 WWTP SPAS 12,186
03 3514 WWTP Camp Grounds 12,668
03 3516 WWTP Bed and Breakfast (11,010)
03 3520 WWTP Commercial General (6,110)
6/10/2022
Item #7.7.
Exhibit A
Account # Fund Description
Adjustment
Amount
The City of Calistoga Operating Budget for Fiscal Year 2021-22 Budget Adjustments 06/30/22
03 3522 WWTP Restaurants (42,619)
03 3524 WWTP Laundries 4,740
03 3526 WWTP Public Buildings 6,843
03 3528 WWTP Medical Care 3,410
03 3540 WWTP Industrial General 854
03 3542 WWTP Bottling Works 6,111
03 3543 WWTP Commercial Social 1,858
03 3544 WWTP Service Stations 295
03 4141 4301 WWTP Collection - Salaries (1,648)
03 4141 4302 WWTP Collection - OVERTIME 14
03 4141 4303 WWTP Collection - FICA/Medicare (139)
03 4141 4309 WWTP Collection - Incentive Pay (88)
03 4141 4310 WWTP Collection - PERS (528)
03 4141 4312 WWTP Collection - Workers Comp (98)
03 4142 4301 WWTP Treatment - Salaries (3,247)
03 4142 4302 WWTP Treatment - Overtime Pay (152)
03 4142 4303 WWTP Treatment - FICA/Medicare (278)
03 4142 4309 WWTP Treatment - Special Pay (220)
03 4142 4310 WWTP Treatment - PERS (770)
03 4142 4312 WWTP Treatment - Workers Comp (193)
03 Total for Wastewater Operations Fund (95,949)
11 3251 Asset Forfeiture Earnings 150
Total for Asset Forfeiture Fund 150
12 3230 Water CIP Other Grants HazMIt (444,144)
12 3269 Water CIP One Time Connection Fees (257,000)
12 3299 Water CIP Transfers from Water Operations (144,453) 12 5586 4915 Water CIP Relocate Dunaweal Booster Pumps (330,000) 12 5627 4915 Water CIP Portable Generator (64,144)
12 5631 4915 Water CIP Raise Highway 29 (20,000)
12 5633 4915 Water CIP Kimball Dam Raise (20,000)
12 Total for Water CIP Fund (1,279,741)
13 3230 WWTP CIP HazMit Grant 168,030
13 3299 WWTP CIP Transfer in from Operations for Capital Projects 110,157 13 5572 4915 WWTP CIP Generator Upgrade (158,515)
13 5627 4915 WWTP CIP Portable Generator (65,525)
13 5630 4915 WWTP CIP Tesla Battery Power (10,000)
13 5631 4915 WWTP CIP Raise Highway 29 (12,000)
13 5636 4915 WWTP CIP Hawk Signal 21,600
13 Total for Wastewater CIP Fund 53,747
15 4970 4404 Eq Replacement Repairs 28,000
15 4970 4429 Eq Replacement Telephone 10,000
6/10/2022
Item #7.7.
Exhibit A
Account # Fund Description
Adjustment
Amount
The City of Calistoga Operating Budget for Fiscal Year 2021-22 Budget Adjustments 06/30/22
15 4975 4402 Eq Replacement Computer Contract (3,000)
15 Total for Equipment Repl Fund 35,000
21 4700 4799 Gas Tax Fund Transfers Out (95,000)
Total for Gas Tax Fund (95,000)
22 4700 4799 RMRA Fund SB1 Fund transfers out 102,210
Total for RMRA SB 1 Fund 102,210
23 4700 4799 Measure A Transfer Out to Water Capital (41,715) Total for Measure A (41,715)
24 4700 4799 Measure T Transfer to General Fund (563,500) 24 Total for Measure T (563,500)
25 3225 MTC Riverside Pedestrian Project (ATT) 127,605
25 3299 MTC Transfer in (521,500)
25 5601 4915 MTC Riverside Pedestrian Project (ATT) 127,605 25 Total for MTC Fund (266,290)
44 3299 CDBG Reuse Program Transfer (38,862)
44 4615 4402 CDBG Reuse Program Contract Services 45,000 44 Total for Reuse Program 6,138
49 3269 Fire Impact Fees 50,000
Total for Fire Impact Fees 50,000
57 3269 Transportation One Time Impact Fees (34,000)
57 4700 4799 Transportation Transfer Out 496,500
57 4700 4799 Transportation Transfer Out 30,000
57 Total for Transportation Impact Fees 492,500
77 3269 Cultural/Recreational Impact Fees 225,000
77 Total for Cultural/Recreational Fund 225,000
78 3204 Affordable Housing TOT (350,100)
6/10/2022
Item #7.7.
Exhibit A
Account # Fund Description
Adjustment
Amount
The City of Calistoga Operating Budget for Fiscal Year 2021-22 Budget Adjustments 06/30/22
78 Total for Affordable Housing Fund (350,100)
79 4700 4799 Abandon Vehicle Transfer to Eq Repl Fund 1,772 Total for Abandon Vehicle Fund 1,772
87 4700 4799 Recreation Transfer Out 3,000
Total for Recreation Donations 3,000
6/10/2022
Item #7.7.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Laura Snideman, City Manager
Meeting: City Council - Jun 21 2022
Subject: First Amendment to Agreement for City Attorney Services DESCRIPTION:
First Amendment to Agreement for City Attorney Services RECOMMENDATION:
Consider Adopting a Resolution Authorizing and Approving First Amendment to Agreement for City Attorney Services with Burke, Williams & Sorensen, LLP.
BACKGROUND/SUMMARY:
Michelle Marchetta Kenyon has served as the City Attorney for the City of Calistoga since 1998. Initially, Ms.
Kenyon provided City Attorney services through her prior law firm McDonough Holland & Allen PC (“MHA”).
However, in 2010, Ms. Kenyon joined Burke Williams & Sorensen, LLP ("Burke" or "Firm") and Burke and Michelle Kenyon have continued to provide City Attorney services since that time.
Burke has been in existence since 1927 and was one of a select number of private law firms to have originated the specialized practice of public law in California. Burke is a full-service law firm providing public entities with a full range of legal, advisory, transactional and litigation services. The Firm's practice is organized into six practice groups: Public Law; Labor and Employment; Litigation; Environmental and Natural Resources; Real Estate and Business, and Education. The Firm’s attorneys currently serve clients from 10 regional offices located in Inland Empire, Los Angeles, Marin County, Oakland, Orange County, Palm Desert, San Diego, San Francisco, Silicon Valley and Ventura County.
Recognizing that public entities exist in a legal environment which is both diverse and complex, Burke's Public Law Practice Group contains a number of specialized inter-divisions, allowing many of its attorneys to focus their attention in a particular area of public law in addition to maintaining general public law expertise. This enables Burke's attorneys to quickly draw upon the experience of an in-house expert for assistance with a wide range of legal problems that may confront its public law clients. The Firm’s public law attorneys specialize in issues including, but not limited to, the following: water/wastewater, planning, land use, CEQA, labor and employment, police, fire, parks and community services, engineering, public works, solid waste, sewer and wastewater treatment, real estate, property acquisition, eminent domain, inverse condemnation, trial and appellate litigation. The Firm also specializes in representing public agencies in construction disputes having some of the pre-eminent legal experts in advice and litigation (including trials) surrounding bid protests, construction management, design defects, surety issues, change orders, extra work and delay claims. In addition, Burke has an outstanding record in representing public employers in all areas of employment law including labor relations, administrative hearings, arbitrations, investigation, training and personnel litigation.
Because Burke is focused primarily on public agency representation, it understands the tremendous fiscal pressures that are facing Cities throughout the State, in particular those which are facing the City of Calistoga.
Accordingly, when Ms. Kenyon joined Burke in 2010, the Firm reduced the hourly rates originally being charged by MHA for general City Attorney services and litigation services. As a result, the Agreement for City Attorney Item #9.1.
services recommended for approval back in 2010, proposed rates of $200.00 per hour for general City Attorney services and $250.00 per hour for all litigation. That was a reduction of nearly $40.00 per hour for basic City Attorney services and over $45.00 per hour reduction for litigation services and the Agreement proposed to charge standard public agency rates for all other matters not involving general City Attorney services or litigation. Since 2010, Burke has not increased rates to the City of Calistoga for general City Attorney services or litigation services.
However, due to ever increasing costs since 2010, Burke is now requesting a rate increase in order to maintain the highest standard of legal services for the City. Burke is proposing to amend the current agreement related to General City Attorney and Litigation services to reflect the following rate structure:
General City Attorney: $265 per hour for Associates
$300 per hour for Partners
Subject to annual CPI increases
Litigation Standard public agency rates, currently $210-$384/hour These proposed rate increases are comparable and in some instances lower than rates being charged in the neighboring jurisdictions of Yountville and St. Helena. Yountville rates for general City Attorney services range from $240 to $350 per hour and rates for all other matters range from $220 to $525 per hour. St. Helena rates for general City Attorney services include a flat monthly retainer amount of $18,000 ($216,000 annually) and rates for all other matters range from $220 to $440 per hour.
CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:
CEQA STATUS:
N/A
FINANCIAL IMPACT:
Annual budget expenditures for general City Attorney services have ranged from $23,000 to $46,000 in the last several years. Accordingly, it is estimated that the proposed rate increase for general City Attorney services would result in an estimated increase of $8,000 - $16,000 per year. As there are no active litigation cases pending at this time, there is no immediate fiscal impact expected for any increase in litigation rates. Annual budget expenditures for all Legal Services for the City have ranged from $184,000 in fiscal year 2017-2018, $267,000 in fiscal year 2018-2019, $350,000 in fiscal year 2019-2020, and $202,000 in fiscal year 2020-2021.
ATTACHMENT(S):
Calistoga - Resolution Approving First Amendment to Agreement for City Attorney Services First Amendment to Agreement for City Attorney Services APPROVAL(S):
Gloria Leon, Administrative Services Director Approved - Jun 14 2022 Marni Rittburg, City Clerk Approved - Jun 14 2022
Item #9.1.
OAK #4861-6236-0356 v1
RESOLUTION NO. 2022-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF
NAPA, STATE OF CALIFORNIA, AUTHORIZING AND APPROVING FIRST
AMENDMENT TO AGREEMENT FOR CITY ATTORNEY SERVICES BETWEEN CITY
OF CALISTOGA AND BURKE, WILLIAMS & SORENSEN, LLP
WHEREAS, City has retained Burke to provide legal services pursuant to the Agreement for City Attorney Services dated August 30, 2010 (the “Agreement”); and WHEREAS, City desires to continue retention of Burke and Burke desires to continue providing legal services to City; and
WHEREAS, City and Burke desire to adjust the amount of compensation paid by City to Burke for basic City Attorney services and services rendered in connection with preparation, prosecution and defense of litigation and/or formal adjudicative or investigative proceedings;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Calistoga, hereby authorizes and approves the First Amendment to Agreement for City Attorney Services Between City of Calistoga and Burke, Williams & Sorensen, LLP in substantially the same form attached hereto as Exhibit “A” and authorizes and directs the Mayor to execute same for and on behalf of the City of Calistoga.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Calistoga at a regular meeting held this 21st day of June, 2022 by following vote:
AYES:
NOES:
ABSTAIN/ABSENT:
________________________
CHRIS CANNING, Mayor
ATTEST:
________________________
MARNI RITTBURG, City Clerk
APPROVED AS TO FORM:
________________________
MICHELLE MARCHETTA KENYON, City Attorney
Item #9.1.
OAK #4861-6236-0356 v1
EXHIBIT A
First Amendment to Agreement for City Attorney Services Between the City of Calistoga and Burke, Williams & Sorensen, LLP
Item #9.1.
OAK #4880-2207-5684 v1
FIRST AMENDMENT TO AGREEMENT FOR CITY ATTORNEY SERVICES
BETWEEN CITY OF CALISTOGA AND BURKE, WILLIAMS & SORENSEN, LLP
THIS FIRST AMENDMENT to Agreement for City Attorney Services is made and entered into by and between the City of Calistoga, a municipal corporation (hereinafter “City”), and Burke, Williams & Sorensen, LLP, a Limited Liability Partnership (hereinafter “Burke”), and shall be effective as of June 21, 2022.
RECITALS
WHEREAS, City has retained Burke to provide legal services pursuant to the Agreement for City Attorney Services dated August 30, 2010 (the “Agreement”); and WHEREAS, City desires to continue retention of Burke and Burke desires to continue providing legal services to City; and
WHEREAS, City and Burke desire to adjust the amount of compensation paid by City to Burke for basic City Attorney services and services rendered in connection with preparation, prosecution and defense of litigation and/or formal adjudicative or investigative proceedings;
NOW, THEREFORE, City and Burke agree as follows below.
AGREEMENT
1. Section 3.A. of the Agreement is hereby amended to read in its entirety as follows:
A. For basic City Attorney services which shall include attendance at City Council meetings as requested, rendition of routine legal advice, preparation of ordinances, resolutions, contracts and other standard legal documents, and preparation of formal written opinions, City shall pay to Burke $265 per hour for work performed by Associates and $300 per hour for work performed by Partners which sum shall be billed to City on a monthly basis.
2. Section 3.B. of the Agreement is hereby amended to read in its entirety as follows:
B. For services rendered in connection with preparation, prosecution and defense of litigation and/or formal adjudicative or investigative proceedings, City shall be billed by Burke at the standard public agency hourly rates established by Burke and as changed from time to time by Burke.
3. Except as specifically modified in this Amendment, all remaining terms and conditions of the Agreement shall remain in full force and effect.
Item #9.1.
OAK #4880-2207-5684 v1
This First Amendment to Agreement shall be effective as of the date first above written.
CITY OF CALISTOGA
Date: By:
Chris Canning, Mayor
BURKE, WILLIAMS & SORENSEN
Date: By:
Michelle Marchetta Kenyon
ATTEST:
________________________
MARNI RITTBURG, City Clerk
Item #9.1.
CITY OF CALISTOGA
STAFF REPORT
TO: Honorable Mayor and City Council
FROM: Gloria Leon, Administrative Services Director
DATE: June 21, 2022
SUBJECT: Adoption of the City of Calistoga Fiscal Year 2022-23 Budget Approved by:
Laura Snideman, City Manager
DESCRIPTION
Present the Fiscal Year 2022-23 Budget.
RECOMMENDATION
Adopt the attached resolution for the City of Calistoga Fiscal Year 2021-22 Operating and Capital Budget.
BACKGROUND
The attached budget proposal reflects City Council direction to date and requires formal adoption of the Fiscal Year 2022-23 Budget.
In June 2021, the Fiscal Year 2021-22 Budget was presented to and adopted by the City Council. On April 5, a Mid-Year Financial Update was presented to the Council. At that time, several budget adjustments were brought forward and adopted.
The City Council holds budget workshops to craft and review the proposed finances of the City. Two Council workshops were held, one on May 18 and one on May 24 to review net-new General Fund discretionary budget requests for Fiscal Year 2022-23, including a separate matrix for capital projects. At these workshops, the City Council received presentations on each of the department budgets and allowed public comment. The City Council then gave informal direction to City staff which is incorporated into the budget.
The attached budget proposal reflects City Council direction to date.
Item #9.2.
DISCUSSION
In the development of the Fiscal Year 2022-23 Budget, staff made a number of revenue and expenditure assumptions. All of these assumptions were based on the projections and economic conditions known between January and March 2022 and third-party consultants, and reflect the adjustments approved by the City Council during the current fiscal year.
City departments were provided with a base budget for Fiscal Year 2022-23 that included estimated increases in personnel costs, increases related to existing professional service contracts, and inflationary increases for operational expenditures. The current year revised budget and projections were also provided.
The City Manager and the Administrative Services Director met with each department individually to understand the budget options submitted for Council consideration during the budget study sessions and receive any feedback on the initial budget projections.
The proposed Fiscal Year 2022-23 Budget contains cuts in expenditures and Capital Improvement Projects over what was initially requested by most of the departments.
However, several Capital Improvement Projects (CIP’s) are recommended for funding.
These are necessary projects often as a result of deferred maintenance. Also, the City must continue to respond to a Cease-and-Desist Order (CDO) from the State related to operations of the wastewater treatment plant. The high cost and accelerated schedule to address issues presents a severe challenge to the Wastewater Fund and time commitment of staff.
Staff will be recommending several adjustments to the Fiscal Year 2021-22 Budget which are incorporated in today’s final budget and are presented tonight as a separate item for City Council approval.
This proposed budget continues to maintain all existing levels of services, while still short of sufficient funding to appropriately address all maintenance of and provide adequate replacement reserves for all of our infrastructure.
General Fund
The General Fund is the primary operating fund of the City and is used to account for most day-to-day activities. Revenue sources include, and are not limited to, transient occupancy tax, property tax, sales tax, current fees for services and licenses and permits.
Details of these revenues including estimates for Fiscal Year 2021-22 and proposed estimates for Fiscal Year 2022-23 can be found in the Fiscal Year 2022-23 budget document.
The proposed budget nearly meets City Council’s 50% reserve goal. The Fiscal Year 2022-23 General Fund reserve at 50% reserve would be $7,473,906. Based on staff recommendations the City will end Fiscal Year 2022-23 with a fund balance of $7,343,575 which is 49.1%, and significantly higher than the 30% pandemic-related target for the Fiscal Year 2021-22. Based on direction from the city council, the budget includes a Item #9.2.
transfer of $45,000 to the water enterprise funds, to cover low-income subsidies. In addition, a loan of $1,000,0000 to the water capital fund and a $500,000 loan to the wastewater capital fund for capital improvement projects is included in the budget. Staff will come back at a later date with a resolution to incorporate the terms of these two loans.
The Fiscal Year 2022-23 budget assumes that transient occupancy tax will be approximately 50% higher than Fiscal Year 2018-19 actuals, the highest year total prior to the pandemic acknowledging higher current trends and the addition of a new hotel property. This is also over four times higher than the original Fiscal Year 2020-21 budget.
Property tax is projected to increase by 9.2% and sales tax will increase by 9.7% based on figures provided by third party consultants.
Overall revenues will decrease by 3.8% (excluding transfers in) for Fiscal Year 2022-23 when compared to Fiscal Year 2021-22.
Items from the May 18 workshop included in the General Fund budget, unless otherwise noted:
• $25,000 to promote economic diversity
• $508,000 annual contribution to the Chamber of Commerce, increase of $102,000 • $20,700 Up Valley Center for additional senior services; increase of $10,000 • $5,000 Replace Pool Umbrellas
• $100,000 Downtown Parklets
• $5,900 Community Soccer Goals
• $30,000 Administrative projects in the City Manager Department • $39,000 one-time and $17,500 on-going annual maintenance fee for 6 Flock Public Safety Cameras; The $39,000 will come from police grants. • $10,000 Fire Department Icemaker, Dishwasher, Washer, and Dryer • $2,800 Napa United League fee increase
• $40,000 Recreation Needs Assessment
• $1,000 Sponsor essay contest
• $50,000 Housing Element Update
• $19,000 Police Radio Single Repeater Base Station to be funded from police grants
• $5,000 Fire Department Dry Suits
• $100,000 On-Call Master Services Agreement
• $81,000 Development Impact Fee Study
• $70,000 Contract Planning CEQA Services
• $435,000 Logvy Park Project; $105,000 General Fund and $330,000 grant • $342,00 Brannan Street Light Crosswalk; General Fund $77,000 and $265,000 grant
• $152,846 Rancho De Calistoga Generator; $85,763 general fund and $67,083 grant
• $917,001 Pavement Maintenance; $257,001 general fund; $110,000 SB1 funds and $550,000 Measure T
• $75,000 Car Charging Station
Item #9.2.
• $110,000 Sidewalk improvement program
• $100,000 Firing Range Backstop; Police one-time impact fees • $75,000 Fence Bike Path at Lower Yard
• $40,000 Pioneer Cemetery
• $10,000 Community Center AV Upgrade
• $45,000 ATC Bike and Pedestrian project
• $100,000 Heather Oaks Project
• $70,000 Repaint City Hall
• $45,000 Repaint Fire Station
• $35,000 Repaint Police Station
• $14,000 Reclassify Dispatch Supervisor position to Dispatch Manager • $63,816 2 part-time administrative police department positions One additional item incorporated in the budget from the June 13 workshop is $20,000 for public art as a placeholder. This item is included in 01-4107-XXXX.
General fund Operating Expenditures for Fiscal Year 2022-23 are projected to increase by $1,768,994 or 13.4% over Fiscal Year 2021-22 due to additional staffing needs, and increases in cost of doing business, such as fuel, insurance, and benefits.
Water Operations
The Water Distribution Division maintains 40 ½ miles of water mains, 752 valves and 184 fire hydrants. The Division responds to water leaks, after-hours service calls, and reads over 3,000 water meters every other month for billing purposes.
The Water Treatment Division operates the Kimball Water Treatment Facility, Water Tanks at Feige Canyon, High Street and Mt. Washington. There are two North Bay Aqueduct (NBA) pump stations to ensure that potable water is delivered to the City’s residents. NBA water is treated by the City of Napa under a “treat and wheel” agreement.
The Kimball Water Treatment Facility can treat up to 400,000 gallons per day.
In March 2018, the City Council adopted a Five-Year Water Rate which provides revenue for capital improvements, increased operational costs, and to meet debt reserves.
Effective January 1, 2023, there are no more water rate increases programmed. With the water conservation program in place and less usage demand, staff is anticipating a very small increase in revenues (1% or less) compared to Fiscal Year 2021-22.
Operating expenditures are anticipated to decrease by 2% from Fiscal Year 2021-22, due to staff over estimating water purchase costs and less expenditures in the water conservation program in Fiscal Year 2021-22.
The Water Operations Enterprise Revenue Fund is anticipating an ending balance of approximately $1,090,766 as of June 30, 2022. Based on activity during the fiscal year, it is anticipated that the water fund balance will end with a surplus balance of $783,468 by June 30, 2023. The water operations fund will transfer $315,093 to the water capital fund for capital projects.
Item #9.2.
Water Capital
The Water Capital Fund is expected to end Fiscal Year 2021-22 with a working capital balance of $0. The City anticipates water connection fees in the amount of $350,000 for Fiscal Year 2022-23. The Water Operations Fund will transfer $315,093 for Water Capital Projects. There will also be a general fund loan of $1,000,000 to the water capital fund.
City staff continues to be successful in obtaining grants. The following projects will be funded by hazard mitigation grants, Measure A, and water impact fees:
Name of
Project
HAZMIT GF Loan Water Impact
Fees
Measure A
Portable
Generator
$44,145 $14,715
Kimball Intake
& Drain Valve
$50,000 $50,000
Generator &
Transfer Switch
$492,175 $164,058
Pope Street
Generator
$184,983 $61,661
Relocate
Dunaweal
Booster
$600,000 $554,434 $109,566
The Fiscal Year 2022-23 Budget shows an ending working capital balance of $0.
Projects in the amount of $3,249,737 are recommended by the Public Works Department for the Fiscal Year 2022-23. Other projects for recommendation include the Automatic Meter Read Program, Water Main Replacement, THM/HAA5 removal and mitigation, Raise Utility Highway 29, and water plant improvements.
The City Council’s objective is to increase the Water Fund reserves at a minimum of 20% and increase the CIP and Equipment replacement Fund reserves to meet anticipated needs over the next three fiscal years. At the minimum 20% in reserves would mean a fund balance of $720,607 (excludes depreciation), the combination of ending fund balances for the Water Operations Fund and the Water Capital Fund at Fiscal Year 2022- 23 is a balance of $783,468, therefore slightly meeting the 20% objective.
Wastewater Operations
The Wastewater Collection Division maintains about 19 miles of sewer mains, 321 manholes, 4 lift stations, and about six miles of recycled water mains with two booster stations. City staff efforts include making repairs, responding to sewer main back-ups and pump failures, installing new mains, and performing routine line cleaning.
The Wastewater Treatment Division operates and maintains the Calistoga Wastewater Treatment Facility and disposal system. The City’s Wastewater Treatment Plant is permitted to treat a maximum daily dry weather flow of 840,000 gallons of sewage per Item #9.2.
day and in excess of 4.0MGD during peak wet weather flow under an NPDES permit issued by the Regional Water Quality Control Board. Current dry weather flows are approximately 450,000 gallons per day and there is approximately 48 million gallons of storage capacity.
In March 2018, the City Council adopted a Five-Year Water Rate which provides revenue for capital improvements, increased operational costs, and to meet debt reserves.
Effective January 1, 2023, there are no more wastewater rate increases programmed.
Staff is anticipating a modest 2% increase from Fiscal Year 2021-22 in operating revenues.
Operating expenditures are anticipated to increase by 12% from Fiscal Year 2021-22.
This is due to filling one plant operator vacancy, contract services, fuel, electricity, repairs, maintenance and operational increases, additional vehicles, and equipment.
The Wastewater Operations Fund are expected to end Fiscal Year 2021-22 with a surplus balance of approximately $1,975,031. The Fiscal Year 2022-23 Budget shows an ending fund balance of $1,595,968. Both the debt service payment and the equipment will be covered by the Wastewater Operations Fund. The Wastewater Operations Fund will transfer $500,000 to the Wastewater Capital Fund for capital projects.
Wastewater Capital
The Wastewater Capital Fund is expected to end Fiscal Year 2021-22 with a balance of $82,259. The Wastewater Operations Fund will transfer $500,000 to the Capital fund to cover several capital projects for Fiscal Year 2022-23. In addition, the general fund will loan $500,000 to the Wastewater Capital Fund.
The City anticipates wastewater connection fees in the amount of $600,000 for Fiscal Year 2022-23. The Wastewater Capital Fund is expected to end Fiscal Year 2022-23 with a balance of $36,550.
Because of the limited one-time impact fees, many projects submitted by the Public Works Department have been eliminated from the draft budget. Projects in the amount of $3,412,837 have been recommended by the Public Works Department. They include Sewer Lateral Replacement, Rancho De Lift Station Upgrades, Sewer Main Replacements, Sewer Main Extension Reimbursement, Raise Utility Highway 29, Geothermal Water Meters, Generator Upgrade, Portable Generator, Various Plant Repairs. and Riverside Ponds River Restoration. All projects will be funded through onetime impact fees and grant funds for the Riverside Pond Restoration.
The Riverside Ponds River Restoration, Generator Upgrades and Portable Generator will be funded 75% by Hazard Mitigation Grants. The remaining 25% will be covered by onetime impact fees, and in the case of the Riverside Ponds Project by IRWMP grant funding.
American Rescue Plan Act funds in the amount of $700,000 will assist with the liner under plant repairs.
Item #9.2.
The City Council’s objective is to increase the Wastewater Fund reserves at a minimum of 20% and increase the CIP and Equipment Replacement Fund reserves to meet anticipated needs over the next three fiscal years. At the minimum 20% in reserves would mean a fund balance of $537,849 (excludes depreciation); the combination of ending fund balances for the Wastewater Operations Fund and the Wastewater Capital Fund at Fiscal Year 2022-23 is a balance of $1,632,518, therefore meeting the 20% objective in reserves.
Special Revenue Funds
These are separate funds which segregate revenues and expenditures restricted for specific purposes such as a specific grant program, restrictions by City Council ordinances, special property assessments or just the need for separate budgeting and accounting of revenues for a specific purpose. The City will end the Fiscal Year 2022-23 with a combined fund balance of $13,353,017. SB1 and Measure T will provide for pavement maintenance projects, police grants will cover cameras and radio repeater, police fee will fund the Backstop Firing Range, city administrative fees will fund facility improvement projects and oat hill mine trail will be funded with cultural funds. Most of the revenue sources for these funds will remain in the funds until projects are earmarked.
Equipment Replacement Fund
This fund accounts for all of the operating and maintenance costs related to the City’s computer network, workstation system, maintenance, and purchase of vehicles, as well as fixed and maintenance costs related to information technology that benefit all other City funds and programs.
City staff is recommending the renewal of subscriptions for Citzenserve, Perfect Mind, Auto Cad, Anti-Virus software, sweeper, replacement of Truck # 4569, and new agenda software, Granicus. Staff is also recommending replacement of several computers, Wonderware software, and GIS software updates. The General Fund will transfer $708,172 to this fund for equipment and maintenance. In addition, the General Fund will transfer $500,000 as reserves for future IT needs. This fund will have a fund balance of $1,506,024 at the end of Fiscal Year 2022-23 for unanticipated expenditures and reserves.
The City of Calistoga started to set aside funds for a financial software system back in July of 2018. Through June 30, 2022, $250,000 has been set aside and an additional $50,000 is being recommended for the software for Fiscal Year 2022-23.
The City Council’s objective is to increase the Equipment Replacement Fund reserves to meet anticipated needs over the next three fiscal years. At the minimum 20% in reserves would mean a fund balance of $97,375; the ending fund balance for the Equipment Replacement Fund is $1,506,024; therefore, meeting the 20% reserve.
Capital Projects
Departments were asked to provide input on what they saw as needed projects to undertake in Fiscal Year 2022-23. You will find in the attachments what those requests Item #9.2.
were. Staff further refined the list from the budget workshop and is recommending $9,610,420 in capital projects and $1,617,505 in equipment and information technology projects and reserves be approved for Fiscal Year 2022-23. Several large projects recommended by the public works staff are $947,001 to be used for pavement maintenance; $435,000 for Logvy Park Improvements; $500,000 for sewer main replacements; $700,000 for a liner at the treatment plant and $500,000 for Riverside Ponds River restoration. The general fund, Measure T, and road maintenance SB1 will provide the funding for the pavement maintenance in the amount of $660,000. In addition, transportation one-time impact fees for road maintenance of $42,999.
Balance Summary for Fiscal Year 2022-23
Attachment 2 shows a detailed revenue and expenditure analysis for each of the major funds. The following summary table shows the list of the major funds and anticipated fund balance at the end of June 2023.
General
Fund
Water
Fund
Water
Capital
WWTP
Fund
WWTP
Capital
Revenues 15,959,812 4,059,053 350,000 3,770,800 600,000 Expenditures 14,947,811 4,322,309 - 3,704,243 -
Net
Surplus/Deficit 1,012,001 (263,256) 350,000 66,557 600,000 Other Sources 994,680 200 1,719,303 - 1,767,128
Capital Projects
Expenses (3,007,846) - (3,249,737) - (3,412,837)
Equipment
Purchases - (109,667) - (157,999) -
Debt Payments (373,902) (304,481) (134,659) (802,621) - Transfers In 1,367,109 45,000 315,093 - 500,000
Transfers Out (1,953,172) (315,093) - (500,000) -
Loan to
Enterprise Funds (1,500,000) - 1,000,000 - 500,000
Add non-cash
Depreciation - 640,000 - 1,015,000 -
Total Net Chg
FY 22-23 (3,461,130) (307,297) - (379,063) (45,709)
Beg Fund
Balance
07/01/22 10,804,705 1,090,766 - 1,975,031 82,259
End Fund
Balance
06/30/23 7,343,575 783,468 - 1,595,968 36,550
Item #9.2.
Conclusion
The City’s financial outlook for Fiscal Year 2022-23 is promising as we continue to recover from the COVID-19 pandemic challenges.
There are potential demands and threats to the City finances that are not specifically addressed in this proposed budget report. These include pending labor negotiations and any financial impacts due to significant fire disruptions, a recession, or other unanticipated events that negatively impact our revenue sources.
Notably, many Capital Improvement Projects have been shifted to the General Fund and are relying on one-time impact and connection fee revenues. As aforementioned, the Cease and Desist Order from the state related to the wastewater treatment operations will result in several million dollars of capital improvement and a major commitment of staff time. While it is hoped that grant funds can mitigate some of the cost, compliance represents a major financial commitment and could impact the viability of this fund.
ATTACHMENTS
1. Draft Resolution
2. Proposed Fiscal Year 2022-23 Budget
3. Part 2- Fiscal Year 2022-23 budget
4. Part 3 – Fiscal Year 2022-23 Budget
5. Major Capital Projects Budget
6. Equipment and Information Technology Projects
7. Debt Schedule
Item #9.2.
RESOLUTION 2022-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF
NAPA, STATE OF CALIFORNIA, ADOPTING THE OPERATING AND CAPITAL BUDGETS FOR ALL FUNDS FOR FISCAL YEAR 2022-23
WHEREAS, the Calistoga Municipal Code requires the City Manager to prepare and submit an Annual Budget to the City Council for its approval; and WHEREAS, it is good management practice to have comprehensive Operating and Capital Improvement Budgets to implement the various policies, programs and projects of the City Council, and the City Council has established a policy to review, adopt, and provide multiple updates to Fiscal Year (FY) Budgets; and
WHEREAS, the City Council reviewed preliminary FY 2022-23 revenue, expenditure, and capital budgets at two City Council workshops on May 18, and May 24, 2022, and provided direction: and
WHEREAS, the City Council held a public hearing on the proposed budget on June 13, 2022, and received public comment and provided direction on the Fiscal Year 2022-23 Operating and Capital Budgets.
.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Calistoga does hereby adopt Operating and Capital Budgets for all funds for Fiscal Year 2022-23 as set forth in the Operating and Capital Budgets attached hereto.
NOW THEREFORE BE IT FURTHER RESOLVED that,
1. Funds are appropriated from various accounts for total expenditures by Department as summarized in the Operating and Capital Budgets, attached hereto.
2. Transfers between funds are authorized and reserve amounts are established as shown in the Operating and Capital Budgets, attached hereto.
3. The City Manager is authorized to approve budget changes between accounts within each Department and that any budget changes in the total budget of the Department, Capital Project or Fund requires City Council approval.
PASSED, APPROVED AND ADOPTED this 21st 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:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
____________________________ _____________________________ Marni Rittburg, City Clerk Chris Canning, Mayor
Attachment 1
Item #9.2.
City of Calistoga
Budget
Fiscal Year
2022-23
Operating & Capital
Improvement Budgets
Item #9.2.
City of Calistoga Fiscal Year 22-23 Budget
MISSION STATEMENT
To set policy and direction through a process of trust and transparency that reflects the goals of the community and ensures their safety and well being.
We are dedicated to serving the needs and desires of our citizens by:
• Maintaining and enhancing economic viability.
• Offering excellent professional services to all customers. • Establishing, improving and maintaining City infrastructure. • Creating an environmentally sustainable community.
• Maintaining the small-town, rural character of Calistoga. • Expanding and improving recreational services and facilities.
I City Council
Chris Canning, Mayor
lrais Lopez-Ortega, Vice Mayor
Gary Kraus, Councilmember
Donald Williams, Councilmember
Lisa Gift, Councilmember
I City Management Staff
Laura Snideman, City Manager
Michelle Marchetta Kenyon, City Attorney
Steve Campbell, Fire Chief
Mitchell Celaya, Police Chief
Derek Rayner, Public Works Director, City Engineer
Gloria Leon, Administrative Services Director/City Treasurer Jeff Mitchem, Planning & Building Director
Rachel Melick, Recreation Director
Marni Rittburg, City Clerk
Item #9.2.
City of Calistoga Fiscal Year 22-23 Budget
INTRODUCTION
BUDGET PROCESS
The City of Calistoga normally creates a budget for a one year fiscal period, which begins on July p t and ends on June 30th. A local government budget is a plan to match existing resources with the needs of the community. The functions of local government stem from three levels of policy direction; federal, state and local. Local government has the responsibility to provide basic public services such as maintaining streets and roadways, providing traffic management systems, maintaining parks, providing community services, and ensuring public safety.
The budget and this document is the collaboration in which the community through its elected leaders, commission members, public hearings and the advice of City staff decide upon the services it shall receive from its government under the constraint of resources available to it through taxes, fees, and transfers from the federal, state, and county governments. This document reflects the priorities of residents in the community while balancing revenues and expenditures over the long term.
The budget process starts in February with the City Council setting workshop dates for Council goals. During the month of April and May several study session workshops are held where the council hears the stated priorities of the community and its elected leaders and determine the goals for the upcoming fiscal year. During these two months department managers prepare their budgets and are then submitted to the finance director. Concurrently, the Finance Department projects revenues for the same period.
Department meetings are then held with the City Manager and budgets are reviewed and adjustments are made to keep the budget in balance.
The proposed budgets are then submitted to the City Council which then holds several work sessions in which the priorities are further defined. A public hearing during the month of June on the proposed budget is submitted by City staff. The City Council will then adjust department budgets to reflect the community's priorities taking into consideration the resources available to meet those objectives. After all adjustments are made, the City Council passes a resolution at a June Council Meeting adopting a budget which reflects estimated revenues and appropriations of monies to be spent, which in turn gives each of the City's departments the authority to spend money based on the adopted budget.
After the adoption of the budget, throughout the year scheduled reviews of the budget progress are presented to the Council. In February of the fiscal year, there is a mid-year review in which revenues and expenditures are reviewed and adjustments are made if necessary. Should the budget require any adjustments a City Council Resolution must be adopted.
Item #9.2.
City of Calistoga
USING THIS DOCUMENT
Introduction
Fiscal Year 22-23 Budget
INTRODUCTION
Provides a description of the budget development process and the citywide organization chart.
City Manager's Budget Message
Overview of the budget including a summary of critical economic issues. City Council directed core services and basic operations for FY 2022-23.
City Council Goals, Objectives & Priority Projects
Overview of the City Council goals, objectives and priority projects for the community and financial stability of the City.
Budget summary
Comprehensive review of revenues and expenditures for all funds, as well as fund balances.
Revenue Estimates
General Fund revenue overview, description of revenue assumptions and methodology used to develop revenue estimates, revenue summary by category and historical trends.
Personnel and Staffing
Summary of funded personnel and staffing as well as a list of full-time personnel by position.
Department Sections
Presents summary information on the City's operating departments:
City Council Public Safety
City Manager's Office Public Works
Finance Department Community Resources
Planning and Building
Department-wide summary information includes strategic goals and accomplishments, organizational charts as well as, expenditures over five fiscal years.
Enterprise Funds
The Enterprise funds consist of Water and Wastewater. The water distribution program maintains all of the City's water mains, carries out replacement projects when necessary and installs new water mains when required. Water meter reading is performed by this program as well reading over 3,000 water meters. The water treatment program operates Item #9.2.
City of Calistoga Fiscal Year 22-23 Budget
INTRODUCTION
and maintains the Kimball Water Treatment Facility, the Feige Canyon Water Tank and the North Bay Aqueduct pump station to ensure that safe potable water is delivered to the City's residents.
The sewer collection program maintains four sewer lift stations in the City and all of the City's existing sewer mains and reclaimed water mains, 329 sewer manholes, making repairs and replacements when necessary and installing new sewer mains and reclaimed water mains when required. The wastewater treatment program operates and maintains the Calistoga Wastewater Treatment Facility and disposal system.
Special Funds
Overview of each of the City's Special Funds, including fund descriptions, revenues and expenditures. Special funds account for revenues and expenditures that are restricted by law or set aside for a special purpose.
Equipment Replacement Fund
Overview of the operating and maintenance costs related to the City's computer network, workstation system, purchase and maintenance of vehicles, as well as fixed and maintenance costs related to information technology that benefit all other City funds and programs.
Capital Improvement Program Budget
The Capital Improvement Program (CIP) budget details the acquisition, construction or rehabilitation of major capital facilities and infrastructure. The CIP budget is used to account for the receipt and disbursement of funds for specific CIP projects. For several projects, revenue resources and expenditures may extend over several years.
Responsibility for Preparation
The finance department, a division of the City Manager's office is responsible for coordinating all revenue estimates contained in the budget. Estimates are reached by analyzing revenue history; national and local economic trends, development patterns in the local economy, and projections by outside consultants. Revenue projections used in the annual budget are based on conservative assumptions to ensure the City has adequate financial resources to meet the obligations and complete all programs approved by the City Council within the course of the fiscal year.
The finance department also coordinates the development of all expenditure budgets with respective departments, publishes the Budget books and prepares the staff reports.
Item #9.2.
City of Calistoga Fiscal Year 22-23 Budget
INTRODUCTION
Budget Adoption
Copies of the preliminary budget are made available to the general public in May. After providing opportunities for public review and discussion at workshops and City Council meetings, the budget is adopted by the City Council prior to June 30 at either a special or regular City Council meeting. After adoption the budget may be amended by the City manager if an amendment does not exceed existing appropriations in any separate fund.
If during the year a department finds that more money is needed to be spent on a program that was originally adopted by Council or there are new funded or unfunded needs to be met there is a process for amending the budget. The department must present to City Council the reason for requesting the budget adjustment. If Council finds it appropriate to adjust the budget a resolution must be adopted before a department can spend money amounting to more than the original appropriation.
Organizational Chart
Additional information about the services provided by the City is included in each department chapter in this document. Information about the City services can also be found on the City's website (www.ci.calistoga.ca.us).
Item #9.2.
■
City Attorney ( cont, ract by City Council)
- --
Planning&
Building
Fire Services
- Planning Services
- Building Services
Housing & Mobile Home
- Park Rent Stabilization
- Code Enforcement
City of Calistoga
Staffing Chart
FY 2022-2023
---
Citizens
I
~ r & City Council
(elected) I ■
■
City Manager {appointed by City Council
■
~ ommission, Comm. ittees and Boards
{appointed b City Council)
City Clerk & Personnel Assistant City Manager
Police Services Financial Services Recreation Services Public Works & Engineering Services
Suppression
"'"""
Patrol Finance & Treasury
Services -
Recreation Program Capital Improvement
Emergency Medical
Response - Fire Inspection
- Emergency Services
-
Police Operations
Code Enforcement
Dispatch Services
Risk Management
Services
lnfonnation System
SOJVices
Services
- Aquatics
- Projects Design &
Construction
-
Water and Wastewater
Treatment Operations
Water Distribution and
- Sewer Collection Services
Streets & Traffic
- Maintenance Services
... Facilities & Parks
Maintenance Services
Stonnwater Management
- & Maintenance Services
- Development Review &
Inspection Services
Item #9.2.
City of Calistoga Fiscal Year 22-23 Budget
General
Fund
Revenues 15,959,812
Expenditures 14,947,811
Net
Surplus/Deficit 1,012,001
Other Sources 994,680
Capital Projects
Expenses (3,007,846)
Equipment
Purchases
Debt Payments (373,902)
GF Loan (1 ,500,000)
Transfers In 1,367,109
Transfers Out (1 ,953,172)
Add non-cash
Depreciation
Total Net Chg
FY 22-23 (3,461, 130)
Beg Fund
Balance
07/01/22 10,804,705
7,343,575
Budget Summary
All Funds Summary
W ater Water WWTP
Fund Capital Fund
4,059,053 350,000 3,770,800
4,322,309 3,704,243
(263,256) 350,000 66,557
200 1,719,303
(3,249,737)
(109,667) (157,999)
(304,481) (134,659) (802,621)
1,000,000
45,000 315,093
(315,093) (500,000)
640,000 1,015,000
(307,297) (379,063)
1,090,766 1,975,031
783,468 1,595,968
Tota l City-Wide Fund Ba lances 07/01/22 27,893,161
Tota l City-Wide Fund Ba lances 06/30/23 24,618,602
WWTP Equip
Capital Replc
600,000 561,700
520,875
600,000 40,825
1,767,128
(3,412,837)
(609,339)
500,000
500,000 748,839
160,000
(45,709) 340,325
82,259 1,165,699
36,550 1,506,024
Special
Revenue
2,133,123
106,699
2,026,424
(373,902)
(1,074,207)
578,315
12,774,701
13,353,017
Item #9.2.
City of Calistoga
Introduction
Fiscal Year 22-23 Budget
Revenue and Resource Estimates
General Fund
The City utilizes several techniques to forecast recurring revenues. These techniques allow for multiple variables to be considered in the development of the forecasts, including institutional forecasts; the expert opinion of the City's sales and property tax consultant Hdl Coren & Cone; various national, state, and local economic indicators; and established formulas that measure relationships between revenue categories and growth within the City.
The financial forecast is a planning tool to assist staff in identifying important trends and anticipate the longer-term consequences of budget decisions. The ability to model cost and revenue trends beyond the next budget year helps the City to make proactive budget decisions early in an economic cycle.
The forecast is not a plan, but a model based on cost and revenue assumptions which are updated regularly as new information becomes available. Future cost projections based on known costs are relatively reliable. Revenue forecasts on the other hand, are based on assumptions related to future economic conditions which come with uncertainty.
City staff uses a variety of tools, including trend analysis, judgmental forecasting, and expert opinion. Trend data includes historical fiscal performance and historical and projected data modified for known past, current and the future. In the end, forecasts are based on judgment that incorporates information provided through various methods; known and potential legislative and political impacts; and national, state, and local conditions expected to affect local revenue sources.
The City's total General Fund revenues for FY 2022-23 are projected to decrease by $622,549 or 3.8% (excluding transfers in) from current estimates for FY 2021-22. The three main sources of revenue for the City include Transient Occupancy Tax, Property Tax and Sales tax. Property tax is projected to increase by 9.2%; sales tax increasing by
9.7% and transient occupancy tax decreasing by 7.7%.
The majority of the increase is related to assumptions following the return to normal activity levels following the COVI D-19 pandemic. Pent up demand for travel continues, however with the rising costs of fuel and other essential items, we may find families staying at home and looking for alternatives to stretch their dollars and therefore, it is anticipated there will be a gradual return to FY 2019-20 historical revenue rates. The increase in sales tax and property tax is based on information from our third-party consultants and includes the economic recovery following the COVID-19 pandemic. The decrease in transient occupancy tax is due to unpredictability of how much is available for families to spend on travel needs in FY 2022-23.
Item #9.2.
City of Calistoga Fiscal Year 22-23 Budget
Revenue and Resource Estimates
General Fund
Summary of General Fund Resources
Table 1 summarizes and compares actual General Fund resources realized in FY 2020-21 , an estimate of FY 2021-22 resources and projected FY 2022-23 revenues. The emphasis of this table is to provide a comparison between the FY 2021-22 revenues and resource estimate and FY 2022-23's projection.
Table 1 FY 2020-21 FY 2021-22 FY 2022-23 I ncrease/(Decrease) Resources By Category Actual Estimate Proposed $ %
Property Tax 2,421,920 2,147,608 2,344,879 197,271 9.2% Sales Tax 1,028,805 1,336,905 1,466,973 130,068 9.7%
Transient Occupancy Tax 5,357,173 10,400,000 9,600,000 (800,000) -7.7% Other Taxes 552,146 445,878 449,896 4,018 0.9%
Licenses and Permits 191,910 151,000 150,000 (1,000) -0.7% Fines, Forefeitures & Penalties 17,039 25,000 14,000 (11,000) -44.0% Use of Money and Property 19,327 32,000 32,000 . 0.0%
Funds from Other Agencies & Grants 901,639 951,720 1,046,564 94,844 10.0% Charges For Services 1,460,960 1,042,250 805,500 (236,750) -22.7% Other Revenue 144,228 50,000 50,000 . 0.0%
Total Revenues by Category 12,095,147 16,582,361 15,959,812 (622,549) -3.8% Other Transfers In 408,469 1,100,128 1,367,109 266,981 24.3% Total General Fund Resources 12,503,616 17,682,489 17,326,921 (355,568) -2.0% In FY 2022-23, it is anticipated that General Fund operating revenues will decrease by 3.8% compared to FY 2021-22 estimates, while total General Fund resources (including transfers-in) will decrease by 2.0%.
Reasons for the decreases in FY 2022-23 as compared to FY 2021-22 is the unpredictable of transient occupancy tax as to whether tourists will come due to higher fuel prices and cost of living in general. There is an increase projected in property tax, funds from other agencies, and sales tax.
Table 2 summarizes and compares actual General Fund resources realized in FY 2020-21, the adopted FY 2021-22 Budget, and projected FY 2022-23 resources. The emphasis of this table is to provide a comparison between the FY 2021-22 revenue and resource budget and FY 2022-23's projection.
Table 1 FY 2020-21 FY 2021-22 FY 2022-23 lncrease/(Decrease) Resources By Category Actual Budget Proposed $ %
Property Tax 2,421,920 2,147,608 2,344,879 197,271 9.2% Sales Tax 1,028,805 1,111,000 1,466,973 355,973 32.0%
Transient Occupancy Tax 5,357,173 5,075,861 9,600,000 4,524,139 89.1% Other Taxes 552,146 445,878 449,896 4,018 0.9%
Licenses and Permits 191,910 151,000 150,000 (1,000) -0.7% Fines, Forefeitures & Penalties 17,039 25,000 14,000 (11,000) -44.0% Use of Money and Property 19,327 43,000 32,000 (11,000) -25.6% Funds from Other Agencies & Grants 901,639 915,275 1,046,564 131,289 14.3% Charges For Services 1,460,960 824,750 805,500 (19,250) -2.3% Other Revenue 144,228 50,000 50,000 - 0.0%
Total Revenues by Category 12,095,147 10,789,372 15,959,812 5,170,440 47.9% Other Transfers In 408,469 1,227,926 1,367,109 139,183 11.3% Total General Fund Resources 12,503,616 12,017,298 17,326,921 5,309,623 44.2% Item #9.2.
City of Calistoga Fiscal Year 22-23 Budget
Revenue and Resource Estimates
General Fund
General Fund resources for FY 2022-23 are anticipated to decrease overall by 3.8% from the FY 2021-22 budget. We will see a decrease of 7.7% in transient occupancy tax, and an increase of 9.7% in sales tax. Property tax is projected to increase by 9.2%.
The following chart illustrates the composition of the City's General Fund resources projected for FY 2022-23 at $17,326,921 .
Other Revenue, 0.3% Transfers In, 7.9%
Charges for I /
Funds From Services, 4."\o
Other Agencies
& Grants, 6.0%
Property, 0.2%
Fines, Forfeitures~
Penalties, 0.1% \
Licenses and Permits,
0.9%
Other Taxes,
2.6%
Revenue Profiles
Property Tax, 13.5%
Sales Tax, 8.5%
The following section provides a profile of the City's major General Fund (operating budget) revenue categories.
The revenue profiles provide background information on each revenue category. Trend information, including a 10-year graph, is also provided as well as a discussion of the future outlook for each category.
Item #9.2.
City of Calistoga Fiscal Year 22-23 Budget
Revenue and Resource Estimates
Transient Occupancy Tax
Transient Occupancy Tax (TOT) is a 12% tax applied to the cost of lodging stays. Factors influencing TOT revenues include business and leisure travel, local business activity and room rate increases. Transient taxes are the largest revenue for the General Fund and makes up for 55.4% of all projected General Fund resources FY 2022-23.
Transient Occupancy Tax in prior years has been increasing over the years. During the month of October 2017, California Wildfires burned through multiple counties creating an evacuation situation in the City of Calistoga and closure of all businesses. Due to the closure of businesses, transient occupancy tax suffered a loss of approximately $350,000. In March 2019 COVID-19 pandemic hit the nation and a shelter in place took effect the middle of March. It is estimated for FY 2022-23 the transient occupancy tax will decrease by 7.7% from FY 2021-22. Additional funding comes from a 2% voluntary assessment on lodging revenues. Of the 2% the County wide marketing program receives 74% of revenues while the local Chamber receives 25% and the City receives the remaining 1 % for administration.
The FY 2022-23 Budget projects decreases in transient occupancy tax for the City of Calistoga following the return to normal activity levels prior to the COVID-19 pandemic The City is projecting 7.7% decrease in transient occupancy tax which translates to $9,600,000
$11.0
$10.5
$10.0
$9.5
$9.0
$8.5
$8.0
$7.5
$7.0
$6.5
~ $6.0
~ $5.5
~ $5.0
$4.5
$4.0
$3.5
$3.0
$2.5
$2.0
$1.5
$1.0
$0.5
$0.0
Transient Occupancy Tax History
$10.40
13-14 14-15 15-16 16-17 17-18 18-19 19-20 20-21 21-22 22-23 Fiscal Year
Item #9.2.
City of Calistoga Fiscal Year 22-23 Budget
Revenue and Resource Estimates
Property Tax
Property tax is an ad valorem tax imposed on real property, such as land, buildings, and tangible personal property. Property tax revenue is collected by the County and allocated according to state law among cities, counties, school districts and special districts.
Calistoga property owners pay a basic tax equal to 1 % of the assessed value on real property. As part of the State Budget Act of 2004, the legislature reduced motor vehicle license fee (VLF) revenue allocations to cities, replacing this funding with additional property tax allocations that change proportionately with the City's annual assessed valuation (property tax in-lieu of VLF revenue). Beginning in FY 2018-19 VLF revenues are projected in funds from other agencies thereby reducing the amount of property tax in the graph below. The City receives approximately 20¢ of every dollar collected with larger shares going to local schools, community colleges and Napa County. Property tax accounts for 13.5% of all General Fund resources projected next year.
FY 2020-21 is the year that will be influencing FY 2022-23 property values and it was a year where we saw increases in median sales prices. In many communities, the median sales price growth experienced in 2021 was larger than that seen in any year since the first year of the recovery after the Great Recession.
The City works with a property tax consultant in projecting property tax revenue, an estimate made with five factors in mind: property turnover rate, pricing and appeals exposure, new construction activity, Proposition 8 administrative reductions and Proposition 13's annual inflation adjustment.
$3.0 Property Tax History
$2.5
$2.0
$1.0
$0.5
$-
13-14 14-15 15-16 16-17 17-18 18-19 19-20 20-21 21-22 22-23 Fiscal Vear
Item #9.2.
City of Calistoga Fiscal Year 22-23 Budget
Revenue and Resource Estimates
Sales Tax
California sales tax is imposed on the total retail price of any tangible personal property (excluding a variety of state mandated exemptions), while use tax is imposed on the purchaser for eligible transactions when sales tax has not been collected. The sales and use tax rate in Napa County is currently 7.75% of which Calistoga receives 1% from the California Board of Equalization for transactions occurring within the City. Sales tax makes up 8.6% of next year's overall General Fund resources.
The City works closely with the sales tax consultant, HDL, Coren & Cone, in projecting sales tax revenue. Based on Hdl's analysis of the trend in year-to-date tax receipts and an examination of local business data, the consultant anticipates the City will receive sales tax revenue of $1,336,905 for FY 2021-22. For FY 2022-23 revenues are anticipated to increase by 9.7% when compared to FY 2021-22, for an amount of $1,466,973. Reason for the increase in sales tax is due to the COVID-19 pandemic recovery and new businesses on board.
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$1.60
$1.40
$1.20
$1.00
~ $0.80
~
$0.60
$0.40
$0.20
$0.00
Sales Tax History
$1.47
13-14 14-15 15-16 16-17 17-18 18-19 19-20 20-21 21-22 22-23 Fiscal Year
Item #9.2.
City of Calistoga Fiscal Year 22-23 Budget
Revenue and Resource Estimates
Other Taxes
For the City of Calistoga other taxes include Franchise taxes, manufacturing taxes and business license taxes.
Franchise tax revenue consists of a tax on electric, gas, cable television and refuse. The state sets electric and gas tax rates that equal 1 % of gross annual revenues, refuse revenue is 6% of annual gross revenues and 6% of gross cable television annual revenues from within the City of Calistoga.
Manufacturing tax revenues consists of a tax on manufacturing and/or wholesaling of mineral water, geothermal water products and byproducts, and for marketing, selling, and distributing thereof. The City of Calistoga Municipal Code 5.04.255 set the tax rate at one dollar and twenty cents per thousand dollars of the monthly gross receipts.
Business License tax revenues consist of a tax required from any person who is doing business within the City as defined in the Municipal Code. On January 1, 2013, Senate Bill 1186 became effective of the California Government Code. Effective January 1, 2018 the state-mandated fee on any applicant for a local business license is $4.00, of which the City retains $3.60 and .40¢ is forwarded to the State. These fees will be deposited in the Disability Access and Education Revolving Fund.
Other taxes are impacted by changes in gas and electric pricing and number of businesses. For FY 2022-23 other taxes are estimated at $449,896 which is a .9% increase from FY 2021-22 at $445,878.
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$0.60
$0.50
$0.40
.!2 $0.30
~
$0.20
$0.10
$-
Other Taxes History $0.55
13-14 14-15 15-16 16-17 17-18 18-19 19-20 20-21 21-22 22-23 Fiscal Year
Item #9.2.
City of Calistoga Fiscal Year 22-23 Budget
Revenue and Resource Estimates
Licenses and Permits
Licenses and Permits mainly represent fees collected for inspection and licensing for construction of new residential, commercial and industrial sites. Licenses and Permits account for .9% of the General Fund resources next year.
Licenses and Permits dipped significantly from FY 2009-10 through FY 2012-13 due to the recession. In FY 2013-14, licenses and permits increased by 83% from FY 2012-13 due to development projects: Calistoga Family Apartments, Indian Springs, and the Brian Arden Winery. In FY 2016-17 Silver Rose and Calistoga Senior Apartments pulled permits bringing in additional revenues. In FY 2018-19 licenses and permits decreased due to less building activity.
It is estimated for FY 2022-23, licenses and permits will decrease by .7% from FY 2021- 22 due to decreased construction activity. The City is anticipating the completion of several single-family homes in the Silver Rose Project and offsite improvement for Silverado Terrace. The FY 2022-23 Budget projects revenues at $150,000. $0.4
$0.3
$0.3
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$0.2
~
~ $0.2
$0.1
$0.1
$-
Licenses and Permits History
13-14 14-15 15-16 16-17 17-18 18-19 19-20 20-21 21-22 22-23 Fiscal Year
Item #9.2.
City of Calistoga Fiscal Year 22-23 Budget
Revenue and Resource Estimates
Fines, Forfeitures and Penalties
Fines, forfeitures and penalties are fees collected through vehicles, fines, misdemeanors, local parking fines and delinquent penalties on unpaid fees. Vehicle fines and misdemeanor revenue is collected by the County. Fines, forfeitures, and penalties account for .1 % of all General Fund resources projected next year.
Fines, forfeitures, and penalties go up and down depending on consumer habits and are estimated to be 44.0% less than FY 2021-22. Misdemeanor fines and delinquent penalties for FY 2022-23 are estimated to be $4,000. Parking fines for FY 2022-23 are estimated to be $5,000 and Vehicle fines at $5,000.
The City has projected Calistoga's fines, forfeitures and penalties will decrease by 44.0% in FY 2022-23 to $14,000 from $25,000 in FY 2021 -22. The large increase in FY 2019- 20 was due to administrative citation penalties from local businesses. $0.12
$0.10
$0.08
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g $0.06
~
$0.04
$0.02
$-
Fines, Forfeitures & Penalties History
$0.11
13-14 14-15 15-16 16-17 17-18 18-19 19-20 20-21 21-22 22-23 Fiscal Year
Item #9.2.
City of Calistoga Fiscal Year 22-23 Budget
Revenue and Resource Estimates
Use of Money and Property
Use of money and property represents earnings on the General Fund's investments (mainly fund balances) and any funds received from City owned facility rentals. The City keeps any excess funds in the Local Agency Investment Fund (LAIF). LAIF is a voluntary program created by statue, began in 1977 as an investment alternative for California's local governments and special districts. The program offers local agencies the opportunity to participate in a major portfolio, which invests hundreds of millions of dollars, using the investment expertise of the State Treasurer's Office investment staff at no additional cost to the taxpayer. As of March 31, 2022, LAIF's average monthly yield was .365% as compared to March 31, 2021 of .357%.
Use of money and property account for .2% of the General Fund resources projected next year. Use of money and property fluctuates from year to year as excess funds for the City fluctuate as well.
Based on current yields and historical yields of LAIF the City is projecting $32,000 for FY 2022-23 for the use of money and property.
$0.17
$0.16
$0.15
$0.14
$0.13
$0.12
$0.11
.,, $0.10
~ $0.09
~ $0.08
$0.07
$0.06
$0.05
$0.04
$0.03
$0.02
$0.01
$-
Use of Money & Property History
$0.15
13-14 14-15 15-16 16-17 17-18 18-19 19-20 20-21 21-22 22-23 Fiscal Year
Item #9.2.
City of Calistoga Fiscal Year 22-23 Budget
Revenue and Resource Estimates
Funds from Other Agencies & Grants
Funds from other agencies and grants category consists of funding from the State's Public Safety Augmentation Fund, Motor Vehicle in-lieu fees, homeowner property tax exemptions and State grants for FY 2022-23.
Motor vehicle license fee (VLF) made up a significant portion of the City's overall revenues until 2004 when Governor Schwarzenegger reduced the vehicle license fee rate, replacing this revenue with increased City and County allocations of property tax. With the adoption of the State of California's FY 2011-12 Budget, the City will no longer be receiving the same level of VLF revenues. The City's VLF revenue has decreased from nearly $229,000 in FY 2003-04 to the FY 2015-16 estimate of $4,000. Beginning in FY 2016-17 the VLF is back due to the triple flip closing out in FY 2015-16.
The state grants the City has been receiving have been used for recycling projects.
Funds from other agencies and grants has increased beginning in FY 2016-17 due to the VLF revenues. For FY 2022-23 funds from the State Public Safety Augmentation projected to be received are $82,820; $941 ,887 from Motor Vehicle in-lieu fees; and $6,000 from Homeowner Property Tax Exemptions for a total estimated at $1 ,046,564 when compared to FY 2021-22 at $951,720, an increase of 10.0%. $1.20
$1.00
$0.80
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$0.40
$0.20
$-
Funds from Other Agencies & Grants History
$1.05
13-14 14-15 15-16 16-17 17-18 18-19 19-20 20-21 21-22 22-23 Fiscal Year
Item #9.2.
City of Calistoga Fiscal Year 22-23 Budget
Revenue and Resource Estimates
Charges for Services
Charges for services revenue category consists primarily of fees for police services, fire services, planning services, public works services, community services recreational and community activities, plan check fees, reimbursement for services and central service overhead fees. Charges for Services account for 4.6% of the General Fund resources next year.
Charges for services revenue has fluctuated from fiscal year to year primarily due to little or no growth in development and Community Service's program offerings.
Revenue estimates are based on the projected number of classes, number of participants and fee charges and staff's estimate regarding the demand for classes and programs.
There has been strong demand for swimming classes in the City and program revenues have been waived for the past three years and have demonstrated continuing growth in recent years.
It is estimated for FY 2022-23, charges for services will decrease 22.7% from FY 2021- 22 primarily due to less planning services through development projects and unpredictability of strike team reimbursements. The FY 2022-23 Budget projects revenues at $805,500.
$1.6
$1.4
$1.2
$1.0
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~
~
$0.8
$0.6
$0.4
$0.2
$-
Charges for Services History
$1.46
13-14 14-15 15-16 16-17 17-18 18-19 19-20 20-21 21-22 22-23 Fiscal Year
Item #9.2.
City of Calistoga Fiscal Year 22-23 Budget
Revenue and Resource Estimates
Other Revenue
Other revenue category fees collected are fees for public records requests, Cal Card incentives for timely payments, police, and fire reimbursements for Lexipol (policy manuals) and reimbursements from CIRA, the City's risk management carrier for liability, property, fraud, automobile, and workers compensation premiums. The other revenue category accounts for .3% of all General Fund resources projected next year.
The chart below shows in FY 2016-1 7 other revenues as $941,377. The reason for the increase in revenues was due to the insurance reimbursement for the Monhoff Building.
Revenue estimates are based on trend analysis. The City has projected that Calistoga's other revenue will remain similar in FY 2022-23. Other revenues will include reimbursements from Cal Card, Lexipol policy for fire and police, and CIRA insurance premiums for a total of $50,000.
$1.20 Other Revenue History
$1.00 $0.94
$0.80
Ill
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~ $0.60
~
$0.40
$0.20
$-
13-14 14-15 15-16 16-17 17-18 18-19 19-20 20-21 21-22 22-23 Fiscal Year
Item #9.2.
City of Calistoga Fiscal Year 22-23 Budget
Revenue and Resource Estimates
Transfers In
Transfers in include overhead and operating reimbursements, as well as one-time transfers which include fund and project close-outs.
The amount of general City support costs is based on costs attributable to development services. Direct costs of developed related services and all development services revenue are budgeted in special funds. The portion of the fee revenues attributable to overhead support costs are shown as a transfer to the General Fund to reimburse the City of general overhead support. In FY 2022-23, the overhead reimbursement transfer is estimated at $1 ,367,109.
For FY 2022-23 the gas tax fund will contribute $95,000 for street operations; police grant fund $125,000 for front-line police operations; mobile home park fund $8,110 for staff time spent on inspections; road maintenance 8B1 $110,000; Measure T for road maintenance $590,000; transportation impact fee for road maintenance reconstruction $42,999; recreation donations $6,000; one-time police fees of $100,00 for backstop firing range; cultural recreational fund $110,000 for the Oat Hill Mine; city administrative fund $45,000 for the Fire Station exterior paint, $70,000 City Hall exterior paint and stucco patch; $30,000 for the community center, and $35,000 for the police roof.
For FY 2022-23 the difference between ongoing revenues and ongoing expenditures is a surplus of approximately $1 ,012,001 before transfers or capital projects. Surplus funds will cover a portion of capital projects.
Conclusion
Revenue forecasting is used to predict resources available, and forecasting can be problematic as estimating is more of an art than a science. Many experts and studies offer varied opinions and forecasts, each completely logical and reasonable.
Patterns or trends in prior years are examined by staff and economic factors are considered before initial projections are made. These estimates take into account what has happened to our local economy, the state economy, what our current revenue experiences are, and as much as possible, what is likely to occur over the next 12 months.
Item #9.2.
Cl~ of Calistoga Fiscal Year 22-23 Budget
Personnel and Staffing
Full Time Personnel b Position
Actuals Actuals Actuals Actuals Actuals Actuals Final Proposed Position FY 15-16 FY 16-17 FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22 FY 22-23 Accounting Assistant 0.00 0.00 0.00 0.00 0.00 0.00 1.00 0.00 Administrative Analyst 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Adminislrlllive Assistant 1.00 1.00 1.00 1.00 0.00 0.00 0.00 0.00 Administrative Secretary 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Administrative Services Technician 2.00 2.00 2.00 2.00 2.00 2.00 2.00 4.00 Aquatics/Recreation Manager 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 AssistanUAssociate Planner 0.00 0.00 0.00 0.00 0.00 0.00 1.00 0.00 AssistanUAssociate Engineer 0.00 0.00 0.00 0.00 0.00 0.00 1.00 1.00 Assistant City Manager 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.00 Building Official 0.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Chief of Police 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Chief Water Plant Operator 0.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 CityCler1< 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
City Manager 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
COde Enforcement Officer 0.00 0.00 0.00 1.00 0.00 0.00 0.00 0.50 Community Services Officer 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Oeputy Public Wor1<s Oirector 1.00 1.00 1.00 1.00 0.00 0.00 0.00 0.00 Director of Admnistrative Services 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Director of Planning and Building 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Director of Public Wor1<s 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Dlspatcl1er 3.00 3.00 3.00 3.00 3.00 4.00 4.00 4.00
Dispatchet Supervisor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Executive Secretaiy to the City Manager 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Executive Assistant to the City Manager 1.00 1.00 1.00 1.00 0.00 0.00 0.00 0.00 Fire Chief 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
Fire Captain 0.00 0.00 0.00 0.00 1.00 1.00 1.00 2.00
Fire Engineer 3.00 3.00 3.00 300 4.00 4.00 4.00 3.00
Fire Fighter 0.00 0.00 2.00 3.00 1.00 1.00 1.00 4.00
HR/Finance Specialist 0.00 0.00 0.00 0.00 1.00 1.00 1.00 0.00 Maintenance Superintendent 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Maintenance Technician I 3.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 Maintenance Technician II 2.00 3.00 4.00 4.00 4.00 3.00 3.00 3.00 Maintenance Technician Ill 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Management Analyst II 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.00 Permit Tecl1nlclan 0.00 0.00 0.00 0.00 1.00 1.00 1.00 2.00 Plant Operator I 3.00 0.00 2.00 2.00 1.00 1.00 1.00 1.00 Plant Operator II 1.00 3.00 3.00 3.00 4.00 3.00 3.00 4.00 Plant Superintendent 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Police Lieutenant 0.00 0.00 0.00 0.00 0.00 0.00 1.00 1.00 Police Officer 8.00 8.00 8.00 8.00 8.00 8.00 8.00 9.00
Potice Sergeant 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 Recreation Services Manager 1.00 1.00 1.00 0.00 0.00 0.00 0.00 0.00 Recreation Coordinator 0.00 1.00 1.00 2.00 2.00 1.00 2.00 2.00 Recreation Director 0.00 0.00 0.00 1.00 1.00 1.00 1.00 1.00 Senior Account Cler1< 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Senior Accounting Assistant 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Senior Civil Engineer 0.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Senior Maintenance Technician 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 Senior Planner 1.00 1.00 0.00 0.00 0.00 0.00 0.00 1.00
Senior PlaMer/Assistant to the City Manager 0.00 0.00 1.00 1.00 1.00 0.00 0.00 0.00 Senior Plant Operator 1.00 0.00 0.00 0.00 0.00 0.00 1.00 1.00 Senior Police Officer 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total Full Time Funded Personnel by Position 47.00 49.00 54.00 57.00 55.00 52.00 58.00 66.50 Item #9.2.
Cit~ of Calistoga Fiscal Year 22-23 Budget
Personnel and Staffing
Funded Personnel
Actuals Actuals Actuals Actuals Actuals Actual Final Proposed Department FY15-16 FY 16-17 FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22 FY 22-23 Administration 1.80 2.20 2.20 2.29 2.32 1.24 2.23 3.08
City Clerk 0.80 0.80 0.80 0.80 0.80 0.55 0.55 0.55
Finance 2.10 2.70 2.70 2.70 2.73 4.06 3.20 2.45
Planning & Building 2.50 3.50 3.50 3.41 3.91 4.91 4.25 7.25 Police 19.00 19.00 21.00 22.00 22.00 22.00 23.00 25.00
Fire 16.00 17.00 17.00 2200 2200 22.00 22.00 25.00
Public Works Administation 0.65 0.85 0.85 0.85 0.85 1.10 1.35 1.65 Public Works Streets 1.66 1.76 1.76 1.76 1.86 1.86 1.86 2.76 Public Works Parks 1.23 1.33 1.33 1.33 1.28 1.48 1.48 1.78 Public Works Pool 0.15 0.15 0.15 0.15 0.15 0.15 0.15 0.25 Public Works Maintenance 0.15 0.25 0.25 0.25 0.15 0.15 0.15 0.22 Public Works Government Buildings 1.45 1.55 1.55 1.55 1.45 2.25 2.25 1.87 Public Works Sharpsteen Museum 0.06 0.06 0.06 0.06 0.06 0.06 0.06 0.06 Recreation 7.00 7.00 7.00 8.00 8.00 8.00 9.00 9.00
Water Distribution 3.67 3.77 3.77 3.77 3.08 2.95 3.27 3.65 Water Treatment 3.08 3.18 3.08 3.08 2.90 2.95 2.47 3.82 Water ConseNation 0.15 0.15 0.15 0.15 0.00 0.00 0.00 1.00 Sewer Collection 3.87 3.97 3.97 3.97 4.63 4.40 3.80 3.23 Sewer Treatment 4.68 4.78 5.88 5.88 5.83 5.90 5.94 6.00 Total Full Time Equivalent Funded 70.00 74.00 77.00 84.00 84.00 86.00 87.00 98.61 Item #9.2.
City of Calistoga
Budget at a Glance
Introduction
Fiscal Year 22-23 Budget
Budget Summary
General Fund Summary
The City's Budget consists of five components: General Fund Budget (general operations), Enterprise Funds, Special Funds Budget, Equipment Replacement Fund and Capital Improvement Program (CIP).
The General Fund Budget is the City's fiscal operating blueprint. The FY 2022-23 General Fund operating budget is based on resource projections and transfers in for a total of $17,326,921. Departmental operating expenditures and transfers out are budgeted at $17,274,885.
The FY 2022-23 budget includes the following new positions: Assistant City Manager, two Administrative Service Technicians, Upgrade of an Accounting position to an Administrative Services Technician, one Permit Technician,½ Code enforcement Officer, one Management Analyst 11, Upgrade of Police Dispatch Supervisor to a Police Dispatch Manager, 2 part-time assistant positions in the police department, and one Plant Operator in the wastewater treatment plant. The funding for these positions would come from additional transient occupancy tax, sales tax and enterprise funds.
The proposed budget provides for fully staffed Police and Fire Departments, including part-time Fire Fighter positions to respond to PSPS events, red-flag warnings, and possible strike team requests.
There are potential demands and threats to the City finances that are not specifically addressed in this budget report. These include impacts from future PSPS events, fire threats or other acts of nature (flood, earthquake, etc.), hotel occupancy less than projected, or significant default on utility bills.
Capital Improvement Projects in the General Fund are relying on one-time impact and connection fee revenues. The Cease-and-Desist Order from the state related to the wastewater treatment operations will result in several million dollars of capital improvement and a major commitment of staff time. While it is hoped that grant funds can mitigate some of the cost, compliance represents a major financial commitment and could impact the viability of this fund.
Item #9.2.
City of Calistoga Fiscal Year 22-23 Budget
Budget Summary
General Fund Summary
Expenditures and recently adopted water and wastewater fees will be reviewed through a rate study in early fall to provide funding necessary to sustain the enterprise funds into the future. As the City strategizes for appropriating fiscal resources into the future, the City Council has expressed that deferred maintenance and public infrastructure are key priorities. This proposed budget includes continuous spending on capital infrastructure including roads, water infrastructure and wastewater system repair to replace aged utilities which have reached/surpassed useful life.
This proposed budget continues to maintain the existing level of service and reliability to the community through our infrastructure systems and facilities. However, as previously indicated, there are many facilities that are not receiving maintenance and replacement as they should. The budget and this document is the collaboration in which the community through its elected leaders, commission members, public hearings and the advice of City staff decide upon the services it shall receive from its government under the constraint of resources available to it through taxes, fees, and transfers from the federal, state, and county governments. This document reflects the priorities of residents in the community while balancing revenues and expenditures over the long term.
General Fund
The City Council adopted goals and objectives for FY 2022-23 which calls at a minimum for a 50% reserve in its General Fund by FY 2022-23 (or $7,473,906). Based on staff recommendations the City will end FY 2022-23 with a projected fund balance of $7,345,575 which is 49.1 % of the 50% objective. The budget does not include any transfers to the enterprise funds, other than a $45,000 transfer to cover low-income subsidies. However, the budget document does include a general fund loan of $1 ,000,000 to the water capital fund and $500,000 to the wastewater capital fund to cover the City's portion of grant-funded projects.
The Government Finance Officers Association (GFOA) has issued its best practice in determining the appropriate level of unrestricted fund balance in the General Fund to be at a minimum of no less than two months of regular general fund operating revenues or expenses, which equates to approximately 17%.
For FY 2022-23 the General Fund will allocate $2,957,846 to capital projects and $50,000 to the housing element project. Capital Improvement Projects have been shifted from the General Fund to the greatest extent possible and are relying on one-time impact fee revenues.
A financial summary of the General Fund is provided in the following pages.
Item #9.2.
City of Calistoga
Departmental Summaries
City Council
Fiscal Year 22-23 Budget
Budget Summary
General Fund Summary
Calistoga voters, at large, elect a five-member City Council to serve as the City's legislative and governing body with the power to enact and enforce all ordinances and resolutions. The Calistoga City Council is composed of a Mayor, Vice Mayor and three City Councilmembers. The Mayor is directly elected every two years and the other City council members for staggered four-year terms. The Vice Mayor is selected annually from the members of the City Council.
The Office of the City Clerk consists of the City Clerk, and the Administrative Services Technician. The responsibilities include duties mandated by the State, the Calistoga Municipal Code and additional duties set by the City Manager. The activities of the City Clerk include many tasks including processing updates to the municipal code, preparing the agenda packets, posting of legal notices and meetings, responding to public records requests, and ensuring compliance with FPPC filing requirements. The department's budget is based on the continuation of essential, mandated and City Council directed services and includes the General Fund expenditures of $265,817.
City Manager's Office
The City Manager is the Chief Executive Officer of the City of Calistoga and is appointed by the City Council. The City Manager appoints the Department Directors and other City staff, except the City Attorney.
The City Manager is responsible for the implementation of decisions made by the City Council and for the overall management of all City departments; provides recommendations to the City Council on development and formulation of policies, goals and objectives on community issues and projects.
The City Manager also represents the City's interests throughout the region and beyond through coordination of activities with various local, State and Federal agencies. The department's budget is based on the continuation of essential, mandated and City Council directed services and includes the General Fund expenditures of $17,274,885.
Item #9.2.
City of Calistoga
Administrative Services
Fiscal Year 22-23 Budget
Budget Summary
General Fund Summary
The City Manager oversees this department which includes economic vitality, legal services, payroll, fiscal services, purchasing and information technology, utility billing, risk management, non-departmental, human resources, community support and enrichment grants. The department's budget is based on the continuation of essential, mandated and City Council directed services and includes General Fund expenditures of $3,513,063 Fire Services
The Fire Department is entrusted with providing for services to the residents, businesses and visitors of greater Calistoga which protects their lives, property and environment from fires, medical emergencies, hazardous materials incidents, and disasters. The department's budget is based on the continuation of essential, mandated and City Council directed services and includes General Fund expenditures of $2,640,379 and revenues of $420,000.
Police Services
The Police Department is entrusted with providing for the public's safety within the City's residential communities and commercial centers. The department's budget is based on the continuation of essential, mandated and City Council directed services and includes General Fund expenditures of $3,848,002 and revenues of $136,940.
Planning and Building Services
The Planning and Building Department provide a complete range of planning and building services to the community. The Department's primary function is to guide private development in accordance with state law and the City's General Plan, Zoning Code, and other local land use programs. The department's budget is based on the continuation of essential, mandated and City Council directed services and includes General Fund expenditures of $1,398,760 and revenues of $267,500.
Public Works
The Public Works Department is responsible for maintaining, operating, and improving the City's infrastructure to serve the needs of its citizens. The Department is responsible for managing and monitoring streets, water treatment and distribution, wastewater collection and treatment, storm drains, parks, City-owned streetlights, City-owned.
Item #9.2.
City of Calistoga Fiscal Year 22-23 Budget
Budget Summary
General Fund Summary
buildings, the City-owned cemetery, engineering and capital improvement project administration and inspection. The Department serves a coordination role for solid waste collection services and public transit services. The department's budget is based on the continuation of essential, mandated and City Council directed services and includes General Fund expenditures of $2,195,922 and revenues of $55,000.
Recreation Services
The Recreation Services Division is responsible for management and operation of the fitness and recreation programs, adult and senior community classes, special event permitting, transit services, City sponsored special events, weekend janitorial of City facilities, and the Calistoga Community Pool. The department's budget is based on the continuation of essential, mandated and City Council directed services and includes General Fund expenditures of $1 ,085,869 and revenues of $29,500 and donations of $3,500.
General Fund Resources
General Fund Revenues total $15,959,812. In addition, General Fund resources include transfers in of $1 ,367,109 to offset the cost of City overhead support For FY 2022-23.
For FY 2022-23 the gas tax fund will contribute $95,000 for street operations; police grant fund $125,000 for front-line police operations; mobile home park fund $8,110 for staff time spent on inspections; road maintenance SB1 $110,000; Measure T for road maintenance $590,000; transportation impact fee for road maintenance reconstruction $42,999; recreation donations $6,000; one-time police fees of $100,00 for backstop firing range; cultural recreational fund $110,000 for the Oat Hill Mine; city administrative fund $45,000 for the Fire Station exterior paint, $70,000 City Hall exterior paint and stucco patch; $30,000 for the community center, and $35,000 for the police roof.
See the Resources table on next page for revenue and transfers in details.
Item #9.2.
City of Calistoga Fiscal Year 22-23 Budget
Budget Summary
General Fund Summary
General Fund Resources
General Fund resources are $17,326,921.
RESOURCES
FY 20-21 FY21-22 FY 22-23
Actual Adjusted Projected
Revenues
Property Tax $ 2,421,920 $ 2,147,608 $ 2,344,879
Sales Tax 1,028,805 1,336,905 1,466,973
Transient Occupancy Tax 5,357,173 10,400,000 9,600,000
Other Taxes 552,146 445,878 449,896
Licenses and Perm its 191,910 151,000 150,000
Fines, Forfeitures 17,039 25,000 14,000
Interest & Use of Property 19,327 32,000 32,000
Revenues from other Agencies 901,639 951 ,720 1,046,564 Charges for Services 1,460,960 1,042,250 805,500
Other Revenues 144,228 50,000 50,000
Sub - Total General Fund Revenues $ 12,095, 147 $ 16,582,361 $ 15,959,812 General Fund Transfers in (from}
Fund 02 (Water Operations) $ 21 ,200 $ $
Fund 21 (Gas Tax) 95,000 95,000 95,000
Fund 22 (Road Maintenance SB 1) 73,702 110,000
Fund 24 (rvleasure T) 19,009 563,500 590,000
Fund 25 (MTC Grants) 840
Fund 27 (fvlobile Home Park- Administration) 8,110 8,110 8,110 Fund 41 (Police Grants) 125,000 125,000 125,000
Fund 44 (CDBG- Administration) 9,165
Fund 48 (City Administrative Fee) 19,636 75,000 180,000 Fund 57 (Transportation Impact Fees) 25,689 30,000 42,999 Fund 77 (Cultural/Recreational) 74,945 125,000 110,000
Fund 79 (Abandoned Vehicle) 4 ,600 1,816
Fund 87 (Recreation) 5,275 3,000 6,000
Fund 50 (Police one time impact fee) 100,000
Sub - Total General Fund Transfers In
TOTAL GENERAL FUND RESOURCES $ 408,469 $ 1,100,128 $ 1,367,109 $12,503,616 $ 1 7 ,682,489 $17,326,921
Item #9.2.
City of Calistoga Fiscal Year 22-23 Budget
Budget Summary
General Fund Summary
General Fund Expenditures
General Fund expenditures are $17,274,885.
APPROPRIATIONS
FY20-21 FY 21-22
OQerating ApQroQriations Actual Adjusted
City Council and City Clerk $ 191,319 $ 187,689
Support services 2,352,641 2,856,394
Fire Services 2 ,371,176 2,685,595
Planning & Building 606,802 937,547
Police Services 2 ,983,290 3,598,774
Public Works 1,473,476 1,942,781
Recreation Services 770,952 970,037
Total Operating Appropriations $ 10,749,656 $ 13,178,817 OQerating Transfers Out (To}
Road Maintenance $ 32,798 $
Auditors Adjutments 53,435
Water Fund $ 25,816 $ 44,000
Equipment Repl Fund 64,154 174,592
AARP Funds
Debt Service Fund 373,902 373,902
Total Operating Transfers Out $ 550,105 $ 592,494
TOT AL APPROPRIATIONS $ 11 ,299,761 $ 13,771,311
AVAILABLE FOR ALLOCATION OF LIABILITY CLAIMS
AND ENTERPRISE FUNDS
PROJECTED RESERVE FUND (AT YEAR END)
Percent of GF budgeted appropriations
FY 22-23
Proiected
$ 265,817
3,513,063
2,640,379
1,398,760
3,848,002
2,195,922
1,085,869
$14,947,811
$
$ 45,000
1,208,172
700,000
373,902
$ 2,327,074
$17,274,885
$ 500,000
$ 6,843,575
49.1%
Item #9.2.
City of Calistoga Fiscal Year 22-23 Budget
Operating Expenditures & Transfers Out
General Fund
General Fund expenditures are anticipated to increase from the FY 2021-22 revised budget by $1,768,994 or 13% (excluding transfers out). Though there are increases in health insurance, contract services, deferred repairs and maintenance, liability and property insurance, the budget includes five new full-time positions and three new parttime positions in FY 2022-23.
The following chart illustrates the composition of the City's General Fund expenditures by department projected for FY 2022-23 at $17,274,885.
Recreation Services
6%
Public Works
13%
Transfers Out
14%
Police Services
22%
Support Services
20%
City Council & City
Clerk
2%
Fire Services
15%
Planning and Building
8%
Item #9.2.
City of Calistoga
I Operating Revenues
Property Tax
Sales Tax
Transient Occupancy Tax
Other Taxes
Licenses and Permits
Fines, Forfeitures & Penaltie:
Interest and Use of Property
Revenues From Other
Agencies
Grants - Operations
Charges for SeNices
Other Revenues
I Total Ooeratina Revenues
!operating Expenditures
Support SeNices
City Council & City Clerk
Fire SeNices
Planning & Building
Police SeN ices
Public Works
Recreation SeNices
GASB 68 Pension
I Total Operating Expenditures
Net Operating Surplus/ (Deficit)
Other Sources
Deutsche Lease Financing
Fema Reimbursement
ARPA Funds
Grants - Improvements
!Other Uses
Special Pro·ects
Capital Improvement Projects
Streets
Parks
General Fund
Sources and Uses
Actual Actual Actual
FY 17-18 FY 18-19 FY 19-20
1,815,586 1,950,682 2,226,521
1,141,596 1,180,946 954,456
5,888,876 6,415,794 4,704,800
444,238 449,022 428,295
310,560 154,227 216,744
35,320 32,205 113,953
84,357 153,660 120,136
699,661 739,258 834,768
- - .
1,004,891 1,018,856 760,478
431 900 361 666 131 693
11,856,985 12,456,316 10,491,844
1,955,735 2,574,587 2,589,159
179,073 219,730 149,789
1,545,594 1,621,328 1,951,395
723,244 694,548 707,838
2,731 ,297 2,768,525 3,092,155
1,226,672 1,398,494 1,370,344
630,744 790,422 801 ,790
1,000,000 1,000,000 -
9,992,359 11,067,634 10,662,470
1,864,626 1,388,682 (170,626)
85,571 5,894 47,540
407,960 . . . - 473,102 828,715 300,000
Fiscal Year 22-23 Budget
Adopted Revised Proposed
Actual Budget Budget Budget
FY 20-21 FY 21-22 FY 21-22 FY 22-23
2,421,920 2,147,608 2,147,608 2,344,879
1,028,805 1,1 11,000 1,336,905 1,466,973
5,357,173 5,075,861 10,400,000 9,600,000
552,146 445,878 445,878 449,896
191,910 151 ,000 151,000 150,000
17,039 25,000 25,000 14,000
19,327 43,000 32,000 32,000
899,326 915,275 951,720 1,046,564
2,313 - - -
1,460,960 824,750 1,042,250 805,500
144 228 50 000 50 000 50 000
12,095,147 10,789,372 16,582,361 15,959,812
2,352,641 2,794,496 2,856,394 3,513,063
191 ,319 182,398 187,689 265,817
2,371 ,176 2,428,303 2,685,595 2,640,379
606,802 896,780 937,547 1,398,760
2,983,290 3,375,825 3,598,774 3,848,002
1,473,476 1,903,635 1,942,781 2,195,922
770,952 958,153 970,037 1,085,869
. - - .
10,749,656 12,539,590 13,178,817 14,947,811
1,345,491 (1,750,218) 3,403,544 1,012.001 I
. 30,000 30,000 - I
748,576 80,000 265,932 - I . . - 627,597
. 292,867 292,867 3s1,os3 I
120,000 165,303 50,000
Item #9.2.
City of Calistoga Fiscal Year 22-23 Budget
General Fund
Sources and Uses
Adopted Revised Proposed
Actual Actual Actual Actual Budget Budget Budget
FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22 FY 21-22 FY 22-23 I Transfers From or (To) Other Funds
Gas Tax Fund 95,000 78,226 95,000 95,000 95,000 95,000 95,000 Road Maintenance Rehab Fun 30,692 61,860 35,240 (32,798) 106,500 73,702 110,000 Measure T Fund - 243,354 342,465 19,009 563,500 563,500 590,000 Police Grants Fund 70,069 78,828 85,000 125,000 125,000 125,000 125,000 Recreation Donations 12,000 6,000 15,464 5,275 3,000 3,000 6,000 Mobile Home Park Fund 7,500 7,030 7,090 8,110 8,110 8,110 8,110 MTC Grants Fund 14,275 1,105 - - - Affordable Housing (75,886) (3,521) - - - - - Affordable Housing 75,000 - - - - - - CDBG Revolving Grants - - 4,568 9,165 - - - Abandoned Vehicle Fund 4,600 4,600 4,600 4,600 1,816 1,816 - Cultural Recreational Fund 181,734 - 19,296 74,945 195,000 125,000 110,000 Adj. YE (Adj Trnsfrs-Auditors) (53,435) - - -
City Administrative Fee - - 181,141 19,636 100,000 75,000 180,000 Transportation Impact Fees - - - 25,689 30,000 30,000 42,999 Police One Time Impact Fees - - - - - - 100,000
General Fund Loan to
Enterprise Funds - - - - - - (1,500,000)
Water Operations - (116,464) (18,626) (4,616) (24,000) (44,000) (45,000) ARPA Funds - - - - - - (700,000)
Equipment Fund (109,999) (160,019) (81,959) (64,154) (110,157) (174,592) (1,208,172) MTC Fund - - - 840 - - - Berrry Street Project {246,900) (6,101) (3,342) - - - - Debt Service Fund (373,902; (373,902) (373,902' (373,902 (373,902 (373,902 (373,902 I Net All Transfers (315,8171 (429,004) 312,035 (141,636' 719,867 507,634 (2,459,965) Net Fund Surplus or (Deficit) (179,852) (413,668) (731,299) 1,069,188 (2,602,351) 2,604,762 (3,461,130) Beginning Fund Balance 8,455,573 8,275,721 7,862,053 7,130,755 6,819,456 8,199,943 10,804,705 Ending Fund Balance 8,275,721 7,862,053 7,130,755 8,199,943 4,217,105 10,804,705 7,343,575 jFund Balance Allocation to
Emergencies and General 7,775,721 7,362,053 6,630,755 7,199,943 3,717,105 10,304,705 6,843,575 Contingency General Liability Claims 500,000 500,000 500,000 1,000,000 500,000 500,000 500,000 l•••rotal Reserves 8,275,721 7,862,053 7,130,755 8,199,943 4,217,105 10,804,705 7,343,575 Emergency & Contingency
Reserves As A Percent of 77.8% 66.5% 62.2% 67.0% 29.6% 78.2% 45.8% Operating Expenditures
All Reserves As A Percent of
Operating Expenditures • 82.8% 71 .0% 66.9% 76.3% 33.6% 82.0% 49.1% Policv 50%
Item #9.2.
City of Calistoga
Program Department and Program
#
SUPPORT SERVICES
4114 City Manager
4176 Economic Vitality
4113 Legal Services
Community Support &
·4101 Enrichment Grants
4108 Finance
4170 Risk Management
4172 Personnel
4119 Non-Deoartmental
Total
Year over Year Change
General Fund
Department and Program Summaries
Actual Actual Actual Actual
FY 17-18 FY 18-19 FY 19-20 FY 20-21
209,400 265,015 217,335 206,058
427,912 486,586 499,546 336,049
192,767 452,598 179,292 255,849
148,564 232,335 443,065 287,005
274,229 303,444 338,017 326,906
392,706 496,943 501,576 564,893
172,646 211,419 263,435 193,239
137 51 1 126 247 146 893 182 642
1,955,735 2,574,587 2,589,159 2,352,641
15.8% 31.6% 0.6% -9.1%
Communltv Suooort & Enrichment Grants prior years under Recreation Services
CITY COUNCIL & CITY CLERK
4110 City Council 56,183 59,710 60,155 66,976
4111 City Clerk 122,495 126,222 89,590 86,533
4133 Elections 395 33 798 44 37 810
Total 179,073 219,730 149,789 191,319
Year over Year Change •5.3% 22.7% -31.8% 27.7%
FIRE SERVICES
4117 Fire Services 1 545 594 1 621 328 1 951 395 2 371 176 Total 1,545,594 1,621,328 1,951 ,395 2,371 ,176
Year over Year Change 11.9% 4.9% 20.4% 21.5%
PLANNING & BUILDING
4109 Planning Commission 2,941 6,694 5,570 6,842
Active Transp. Advisory
4120 Committee - - - -
4115 Planning 302,532 283,276 313,742 258,163
4125 Buildino Services 417 771 404 578 388 526 341 797
Total 723,244 694,548 707,838 606,802
Year over Year Cha nae -0.1% -4.0% 1.9% -14.3%
POLICE SERVICES
4116 Police Services 2,103,257 2,109,308 2,361,540 2,219,129 4129 Police Disoatch 628 040 659 217 730 615 764 161
Total 2,731,297 2,768,525 3,092,155 2,983,290
Year over Year Chanoe 6.9% 1.4% 11.7% -3.5%
PUBLIC WORKS
4121 Public Works Administration 165,621 209,710 166,379 168,412 4122 Streets 267,702 342,397 381,329 374,227
4123 Park Maintenance 254,515 255,760 263,311 256,376
4126 Pool Maintenance 128,451 160,633 153,982 208,919
4124 Maintenance Shop 46,233 46,310 23,383 38,1 35
4127 Buildina Maintenance 364150 383 684 381 960 427 407 Total 1,226,672 1,398,494 1,370,344 1,473,476
Year over Year Change 1.6% 14.0% -2.0% 7.5%
Fiscal Year 22-23 Budget
Adopted Revised Proposed
Budget Budget Budget
FY 21-22 FY 21-22 FY 22-23
288,286 242,906 456,849
452,346 444,346 581,796
200,000 250,000 270,000
336,321 343,821 395,933
396,544 392,531 430,984
665,763 660,861 764,728
250,670 317,363 400,161
204 566 204 566 212 612
2,794,496 2,856,394 3,513,063
18.8% 21 .4% 23.0%
73,147 77,747 104,136
99,201 99,892 114,731
10 050 10 050 46 950
182,398 187,689 265,817
·4.7% -1.9% 41 .6%
2 428 303 2 685 595 2 640 379
2,428,303 2,685,595 2,640,379
2.4% 13.3% -1.7%
5,630 5,630 5,830
- - - 479,904 523,139 806,094
411 246 408 778 586 836
896,780 937,547 1,398,760
47.8% 54.5% 49.2%
2,519,129 2,745,840 2,925,206
856 696 852 934 922 796
3,375,825 3,598,774 3,848,002
13.2% 20.6% 6.9%
221,538 222,754 273,328
612,313 615,745 697,433
345,270 347,174 396,480
203,972 204,231 231,309
52,279 52,696 72,935
468 263 500 181 524437
1,903,635 1,942,781 2,195,922
29.2% 31.9% 13.0%
Item #9.2.
City of Calistoga
Program Department and Program
#
RECREATION SERVICES
4152 Recreation Programs
4153 Education/Recreation Courses
4154 Senior Activities
4156 Aquatic Services
4107 Community Promotions
4155 Community Activities
4174 Library Services
4173 Sharpsteen Museum
4405 Transit - Shuttle
Total
Year over Year Change
General Fund
Department and Program Summaries
Actual Actual Actual Actual
FY 17-18 FY 18-19 FY 19-20 FY 20-21
153,019 164,698 174,200 121,859
53,564 97,972 94,851 71,218
26,239 46,372 41,182 25,927
241,450 313,009 306,896 367,817
- - - -
29,509 29,209 24,788 21,607
101 ,145 107,215 123,009 132,816
15,818 16,947 21,864 14,708
10 000 15 000 15 000 15 000
630,744 790,422 801,790 770,952
-6.8% 25.3% 1.4% -3.8%
Community Promotions moved to Support Services 07/01MB
Total Operations 8,992,359 10,067,634 10,662,470 10,749,656
6.8% 12.0% 5.9% 0.8%
Special Proiects
4670 Housing Element - - - - Total Special Projects . - . .
Capital Improvements
Streets 1,985,782 1,734,409 507,871 364,491
Parks 196,725 70,199 53,769 119,737
Buildings & Facilities 153,791 43,807 339,1 46 19,636
Other 358,996 359,540 319,462 379,379
Total Capital Improvements 2,695,294 2,207,955 1,220,248 883,243 Total General Fund Appropriations 11,687,653 12,275,589 11,882,718 11,632,899 Fiscal Year 22-23 Budget
Adopted Revised Proposed
Budget Budget Budget
FY 21-22 FY 21-22 FY 22-23
181,961 185,051 246,724
109,509 115,243 129,050
55,993 57,853 66,235
402,280 403,219 421 ,167
- - - 27,046 27,240 31 ,787
145,000 145,000 152,250
20,864 20,931 21,606
15 500 15 500 17 050
958,153 970,037 1,085,869
24.3% 25.8% 11.9%
12,539,590 13,178,817 14,947,811
16.7% 22.6% 13.4%
120,000 165,303 50,000
120,000 165,303 50,000
917,000 896,322 1,080,000
265,000 37,000 710,000
170,000 456,569 355,000
502,867 340,021 812,846
1,854,867 1,729,912 2,957,846
14,514,457 15,074,032 17,955,657
Item #9.2.