Calistoga City Council
August 2, 2022

Mayor
Chris Canning
Vice Mayor
Irais Lopez-Ortega
Councilmembers
Lisa M. Gift
Gary Kraus
Donald Williams
AGENDA
City Council - Regular Meeting
Tuesday, August 2, 2022 - 6:00 PM
Virtual

* COVID-19 NOTICE *

THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 54953 (AS AMENDED BY AB 361) WHICH AUTHORIZES TELECONFERENCED MEETINGS UNDER THE BROWN ACT DURING CERTAIN PROCLAIMED STATES OF EMERGENCY. THE GOVERNOR OF CALIFORNIA PROCLAIMED A STATE OF EMERGENCY RELATED TO COVID-19 ON MARCH 4, 2020.

THIS TELECONFERENCED MEETING IS NECESSARY SO THAT THE CITY CAN CONDUCT ESSENTIAL BUSINESS AND IS PERMITTED UNDER GOVERNMENT CODE 54953 IN ORDER TO PROTECT PUBLIC HEALTH AND SAFETY OF ATTENDEES.

Consistent with Government Code Section 54953, this City Council Meeting will be held via teleconference only, and will not be physically open to the public. Councilmembers and staff will teleconference into the meeting by audio and/or video. The meeting will be conducted via Zoom Webinar.

Below is information on how the public may observe and participate in the meeting. The City recognizes that not all residents have the same ways to stay engaged, so several alternatives are offered.

Please participate in the meeting by observing or listening to the meeting in one of the following ways:

1. Watch on your TV – Napa Valley TV Channel 28 (call your cable provider to ensure you have a City of Calistoga coded cable box)

2. Listen or participate via your phone – dial 1-669-900-6833, enter webinar ID: 829-0729-5419, password: 123201

3. Watch or participate online via Zoom - click this link and enter password: 123201

4. Watch online via YouTube Live at youtube.com/cityofcalistoga COMMENT ON THIS MATTER DURING THE MEETING: Please participate in the meeting by providing public comment on any item on the agenda or any item of municipal concern. To comment during a virtual meeting (Zoom), click the "Raise Your Hand" button to request to speak when Public Comment is being taken on the Agenda item. You will be unmuted when it is your turn to make your comment for up to 3 minutes. After allotted time, you will be re-muted. Instructions for how to "Raise Your Hand" are available at:
https://support.zoom.us/hc/en-us/articles/205566129-Raise-Hand-In-Webinar.

WRITTEN COMMENTS: Alternatively, you may provide public comment on any item on the agenda or any item of municipal concern via email. Please submit your comment, limited to 350 words or less, via email to [email protected]. Written public comments submitted by email should clearly indicate the Agenda Item No. or specify “Oral Communications” in the Subject Line for items not on the agenda and are requested to include the submitter’s full name. Comments received by 4:00 p.m. on the day of the meeting will be posted online with the agenda packet and included in the record but will not be read aloud. Comments received after 4:00 p.m. will be made part of the written record but will not be read verbally at the meeting. The City of Calistoga thanks you in advance for taking all precautions to prevent spreading the COVID-19 virus. Note: The methods of observing or listening to the meeting or providing public comments may be altered or the meeting may be cancelled, if needed, due to certain technical disruptions.

Page

1. CALL TO ORDER – ROLL CALL - SALUTE TO THE FLAG

2. 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. Item 3 - Public Comments - Redacted 5 - 6

4. ADOPTION OF MEETING AGENDA

5. CITY MANAGER’S REPORT

6. PROCLAMATIONS/PRESENTATIONS/ AWARDS

6.1. Staff has prepared a presentation to inform council and the public of local operating guidelines for cooling centers and charging stations during heat events and power outages.

Recommended Action: Receive the presentation.

Staff Report - Cooling Center and Power Outage Guidelines - Pdf 7 - 22

7. CONSENT CALENDAR

7.1. Install six (6) Automated License Plate Reader (ALPR) cameras at the entry points into Calistoga.

Recommended Action: Consider adopting a Resolution Authorizing the City Manager to execute a 2-year lease agreement with Flock Safety for the installation and maintenance of six (6) stationary Automated License Plate Reader (ALPR) cameras in Calistoga in an amount not to exceed $39,100.

Staff Report - Automated License Plate Reader (ALPR) Cameras - Pdf 23 - 36

7.2. Replacement of the livescan fingerprint system needs due to mechanical issues and no longer covered under a maintenance agreement.

Recommended Action: Adopt the Resolution authorizing the City Manager to the purchase of a MorphoTrust USA Touchprint TPE-5600- ED livescan fingerprint system in the amount not to exceed $25,000.00.

Staff Report - Replacement of Livescan Machine - Pdf
37 - 47

7.3. Consider adopting a Resolution authorizing the City Manager to execute a one-year professional services agreement with UpValley Family Centers to provide immigration-related services, senior services, and community and health and education services, in an amount not to exceed $100,000 over the course of the fiscal year.

Recommended Action: Consider adopting the Resolution.
48 - 69

Staff Report - Agreement with UpValley Family Centers for ImmigrationRelated Services, Senior Services, and Community Health and Education Services - Pdf

8. PUBLIC HEARING
None

9. GENERAL GOVERNMENT

9.1. Consider adopting a Resolution awarding Fiscal Year 2022-23 Community Enrichment Grants and approving a budget adjustment.

Recommended Action: Consider adopting Resolution
Staff Report - Community Enrichment Grants for Fiscal Year 2022-23 - Pdf
70 - 75

9.2. Consider adopting a Resolution authorizing the public works director to purchase three speed cushions and hire W-Trans to perform a pilot study on the traffic calming effects pre & post installation on Grant St. between North Oak Street and Greenwood Avenue in an amount not to exceed $23,000.

Recommended Action: Consider adopting Resolution.

Staff Report - Grant Street Speed Cushion Pilot Study - Pdf Item 9.2 - Public Comment
76 - 83

9.3. Determine various criteria, safety measures, and other components related to in-person city council meetings
Staff Report - Location of City Council Meetings - Pdf
84 9.4. Consider adopting a Resolution Rescinding Resolution 2021-075 and adopting City Council Civic Operating Agreements.

Recommended Action: Consider adopting Resolution
Staff Report - City Council Civic Operating Agreements - Pdf 85 - 107

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, speechto-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 July 26, 2022, by 4:30 p.m.

Meetmgof 2.: ·~
Item No.

Marni Rittburg
.... ~;~:2 Distribu1ed Z-2..

From: Carol Altwarg
Sent: Monday, July 25, 2022 10:12 AM
To:

Cc:

Public Comment; Chris Canning; Laura Snideman; [email protected]; [email protected]; [email protected]; Donald Williams; [email protected]
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 County and City Officials,
I am writing to express my hope that a transfer of ownership of the Napa County Fairgrounds will be finalized, thus saving the historic Calistoga Speedway. I understand that much effort and work is ongoing, which is immensely appreciated by the racing enthusiasts nationwide.

Calistoga Speedway is one of only two remaining half-mile dirt t racks in California and has a history that dates back to 1937. That history includes the names of countless race drivers and car owners who became elite figures in auto racing. The annual "Louie Vermeil Classic" honors Calistoga resident Louie Vermeil, the driving force behind Auto Racing at Calistoga Speedway on The Napa County Fairgrounds.

Calistoga and the Napa Valley are rich in history, and I believe the Fairground Speedway is one of the most unique and memorable dirt tracks.

Thank you for allowing me to express my desire to see racing continue at Calistoga Speedway for many years to come.

Regards,
Carol and Daniel Altwarg
Caro! Altwarg
REAL TOR® I CRS
o. 925.280.8568
e. [email protected]
w. altwarg-traftonteam.com
DRE 00777276

CHRISTIE'S

INTERNATIONAL REAL ESTATE
---- SERENO ---
Item #3.1.

Marni Rittburg
From:

Sent:

To:

Cc:

Subject:

Steve Fruitman
Monday, July 25, 2022 11 :20 AM
Public Comment; Chris Canning; Laura Snideman; [email protected]; [email protected]; [email protected]; Donald Williams; [email protected]
Carol Altwarg
Napa County Fairgrounds
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 County and City Officials,
I am writing to express my hope that a transfer of ownership of the Napa County Fairgrounds will be finalized, thus saving the historic Calistoga Speedway. I understand that much effort and work is ongoing, which is immensely appreciated by the racing enthusiasts nationwide.

Calistoga Speedway is one of only two remaining half-mile dirt tracks in California and has a history that dates back to 1937. That history includes the names of countless race drivers and car owners who became elite figures in auto racing. The annual "Louie Vermeil Classic" honors Calistoga resident Louie Vermeil, the driving force behind Auto Racing at Calistoga Speedway on The Napa County Fairgrounds.

Calistoga and the Napa Valley are rich in history, and I believe the Fairground Speedway is one of the most unique and memorable dirt tracks.

Thank you for allowing me to express my desire to see racing continue at Calistoga Speedway for many years to come.

Regards,
Steve Fruitman
1 Item #3.1.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Rachel Melick, Parks & Recreation Director
Meeting: City Council - Aug 02 2022
Subject: Cooling Center and Power Outage Guidelines
DESCRIPTION:

Staff has prepared a presentation to inform council and the public of local operating guidelines for cooling centers and charging stations during heat events and power outages.

RECOMMENDATION:

Receive the presentation.

BACKGROUND/SUMMARY:

Staff has prepared a presentation to inform council and the public of local operating guidelines for cooling centers and charging stations during heat events and power outages.

CEQA STATUS:

N/A
FINANCIAL IMPACT:

Overtime costs may be incurred to staff a cooling center on evenings and weekends.

ATTACHMENT(S):

Cooling Center and Charging Station Guidelines 2022
Cooling Center presentation
APPROVAL(S):

Gloria Leon, Administrative Services Director Approved - Jul 21 2022 Laura Snideman, City Manager Approved - Jul 25 2022
Marni Rittburg, City Clerk Approved - Jul 26 2022
Item #6.1.

Item #6.1.

Item #6.1.

1. PURPOSE
This guideline is to establish a protocol for the opening of a cooling center in the City of Calistoga in response to a heat emergency, a power outage coupled with a heat event, and a power outage without the presence of a heat event. This protocol is intended to be a guideline that should be followed but the uniqueness of a situation present would determine how the guidelines would be applied. The City Manager and /or their designee can update how, when, and where the cooling center and charging stations would operate given the situation.

2. BACKGROUND
Heat waves do not elicit the same immediate response as floods, fires, earthquakes, and typical disaster scenarios. They destroy less but have claimed more lives over the past fifteen years than all other declared disaster events combined. Heat waves are obviously less dramatic and more deadly.

Heat emergencies are often slower to develop. It may take a number of days of oppressive heat for a heat wave to have a significant or quantifiable impact. Heat waves do not strike victims immediately; rather, their cumulative effects slowly take the lives of vulnerable populations.

Additionally, power outages occur frequently during the year, especially in the hotter months. The combination of a power outage and a heat event can cause significant challenges for residents. Even when a power outage occurs without the
presence of a heat event, there are significant challenges for residents. Heat emergencies, power outages with heat events, and power outages create impacts that need to be addressed.

3. SCOPE
The scope of this guideline is to identify a plan for when cooling center resources will become available to residents and Item #6.1.

surrounding residents in the time of a heat emergency and/or in the time of a heat event coupled with a power outage.

Additionally, the scope of these guidelines is to identify a plan for residents to have access to charging stations in the event of a power outage without a concurrent heat emergency.

4. ACTIVATION THRESHOLDS
Based on guidance from the Napa County Office of Emergency Services, cooling centers should be activated when a Heat Alert is issued, when the local heat index is forecast to reach 105F for three consecutive days. The heat index is a numerical value that is reached by factoring in both the temperature and relative humidity. To determine the heat index, the linked calculator through the National Weather Service is utilized
https://www.wpc.ncep.noaa.gov/html/heatindex.shtml.

Calistoga is faced with power outages that occur most often during the hotter months. Subsequently a power outage lasting over four hours coupled with a heat emergency where the heat index is forecasted or is at 105F will result in a cooling center opening (or being opened).

In the event of a stand-alone power outage without the presence of a heat event, charging stations will also be available to the public. Charging stations will become available approximately two hours after the start of a power outage

5. COOLING CENTER AND CHARGING

STATION LOCATIONS AND HOURS
• Cooling Center: Calistoga Community Center,1307
Washington St.; open 12 PM-9 PM upon activation or as
otherwise directed (signs posted if relocated to a
different facility at the CC or Nixle, etc).
• Charging Stations: Calistoga Police Department, 1235
Washington St.; Calistoga Fire Department, 1113
Item #6.1.

Washington St. 8 AM-4:30 PM, M-Sun; Calistoga City Hall, 1232 Washington St, 8 AM-4:30 PM, M-F

6. HEAT INDEX READINGS &

ASSOCIATED HEALTH RISKS
The heat index (see charts 1 & 2) is how hot the heat-humidity combination makes it feel. As relative humidity increases, the air seems warmer than it actually is because the body is less able to cool itself via evaporation of perspiration.

As the heat index rises, so do health risks. When the heat index is 90°F, heat exhaustion is possible with prolonged exposure and/or physical activity. When it is 90°- 105°F, it is probable with the possibility of sunstroke, heat cramps, or heat exhaustion with prolonged exposure and/or physical activity. When it is above 105°F, sunstroke, heat cramps or heat exhaustion is likely, and heatstroke is possible with prolonged exposure and/or physical activity. When it is 130°F and above, heatstroke and sunstroke are highly likely with continued exposure. Physical activity and prolonged exposure to the heat increase the risks.

7. THE HEAT INDEX
The following charts show the health risks as temperature and relative humidity increase:

Chart #1
The Heat Index
Air Temp
(° F)
Relative Humidity
40 45 50 55 60 65 70 75 80 85 90 95 100
110 ° 136 143 152
105° 123 129 135 141 148
Item #6.1.

100° 111 115 119 124 129 135 141 147
95° 101 104 107 110 114 117 122 126 131 136 141
90° 92 94 96 98 100 103 106 109 112 115 119 127 132
85° 84 85 86 88 89 91 93 95 97 99 102 104 107
80° 80 80 81 81 82 82 83 84 84 85 86 86 87
Exposure to full sunshine can increase Heat Index values by up to 15° F.

Chart #2
Category Heat
Index
Possible heat disorders for people in high-risk groups
130°F or
higher
Extreme
Danger
Heatstroke risk extremely high with continued
exposure.

Danger 105° -
129°F
Sunstroke, Heat Cramps and Heat Exhaustion likely,
Heatstroke possible with prolonged exposure and/or
physical activity.
90° -
105°F
Extreme
Caution
Sunstroke, Heat Cramps, and Heat Exhaustion possible
with prolonged exposure and/or physical activity.

Caution
80° - 90
°F
Fatigue possible with prolonged exposure and/or
physical activity.

Item #6.1.

Item #6.1.

2 Changing Stations and
Cooling Center Guidelines
City Council
8/2/2022
Item #6.1.

3 Purpose
• This guideline is to establish protocol for the opening of a cooling center and/or charging stations in the City of Calistoga in response to a heat emergency, a power outage coupled with a heat event, and a power outage without the presence of a heat event. • This is intended to be a guideline that should be followed but the uniqueness of a situation present would determine how the guidelines would be applied. The City Manager and/or their designee can make changes to how, when, and where the cooling center and charging stations would operate given the situation.

Item #6.1.

4 Background
• Heat waves and heat emergencies create dangerous conditions for individuals.
• Heat emergencies are slower to develop and may take a number of days of oppressive heat to have a significant impact.
• Power outages occur frequently during the year, especially in the hotter months; coupled with a heat emergency these outages can cause significant risks to individuals
• Even a power outage without the occurrence of a heat emergency causes significant impact to individuals.

Item #6.1.

5 Activation Thresholds
• Based on guidance from the Napa County Office of Emergency Services, cooling centers should be activated when a Heat Alert is issued, when the local heat index is forecast to reach 105F for three consecutive days.
• To determine the heat index, the linked calculator through the National Weather Service is utilized https://www.wpc.ncep.noaa.gov/html/heatindex.shtml.
• Heat index is a numerical value that is reached by factoring in both the temperature and relative humidity. • A power outage lasting over four hours coupled with a heat emergency where the heat index is forecasted or is at 105F will result in a cooling center opening (or being opened). • A stand-alone power outage without the presence of a heat event, charging stations will also be available to the public. Charging stations will become available approximately two hours after the start of a power outage
• Subsequently a power outage lasting over four hours coupled with a heat emergency where the heat index is forecasted or is at 105F will result in a cooling center opening (or being opened).

Item #6.1.

6 Cooling Center and Charging Station
Locations and Hours
• Cooling Center
• Calistoga Community Center,1307 Washington St.; open 12 PM-9 PM upon activation or as otherwise directed
• Signs posted if relocated to a different facility at the CC or Nixle, etc. • Charging Stations
• Calistoga Police Department, 1235 Washington St. 8 AM-4:30 PM • Calistoga Fire Department, 1113 Washington St. 8 AM-4:30 PM, M-Sun
• Calistoga City Hall, 1232 Washington St, 8 AM-4:30 PM, M-F Item #6.1.

7 The Heat Index
Item #6.1.

8 Questions?
• Questions, comments, and/or ideas?
Item #6.1.

9 Recommended Action
Receive the presentation
Item #6.1.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Mitch Celaya, Chief
Meeting: City Council - Aug 02 2022
Subject: Automated License Plate Reader (ALPR) Cameras
DESCRIPTION:

Install six (6) Automated License Plate Reader (ALPR) cameras at the entry points into Calistoga.

RECOMMENDATION:

Consider adopting a Resolution Authorizing the City Manager to execute a 2-year lease agreement with Flock Safety for the installation and maintenance of six (6) stationary Automated License Plate Reader (ALPR) cameras in Calistoga in an amount not to exceed $39,100.

BACKGROUND/SUMMARY:

Calistoga Police Department (CPD) is responsible for the safety and security of our community and visitors to our city. CPD’s ability to provide and facilitate a high quality of life for the community and visitors is through the strategic deployment of CPD staff and the use of technology. CPD’s regular staffing is typically two officers at any given time which poses challenges in being at the right place and right time to deter or catch criminals when they are committing a crime or fleeing the area. Most crimes committed in Calistoga involve a vehicle, either to commit the crime, flee the area, and/or transport stolen property. Unfortunately, in many cases CPD gets partial descriptions of the criminals and their vehicles. As a result, there is minimal ability to get more detailed information such as license plate information, specific time of occurrence or direction of flight that would allow CPD the ability to conduct a thorough investigation to apprehend and/or recover stolen property.

Automated License Plate Reader (ALPR) technology has been around for a while and typically used to identify and locate stolen vehicles. This technology has evolved, becoming a significant investigative tool, and become less cost prohibitive. Advancement in ALPR technology now allows the ability to get real time information and ability to identify suspect vehicles based on searches of partial descriptions such as partial license plate numbers, color of the vehicle, make, model, type of vehicle, or unique identifiers of a vehicle such as a broken window, dent, logo on a vehicle, etc.

Capturing license plate information on a suspect’s vehicles or being able to identify a suspect’s vehicle based on minimal descriptions could provide invaluable leads. Given the time of day or day of the week unlike other larger communities where hundreds if not thousands of vehicles travel their roadways, our chances of identifying suspect vehicles during times when there are at best dozens of vehicles during certain times greatly improves our chances of developing investigative leads. ALPR’s can be instrumental in the investigation of many types of crimes or response to crimes such as suspicious vehicles following children, reckless drivers, locating missing persons, locating any person of interest possibly involved in a crime where they are leaving the area in a vehicle (i.e., spouse who committed domestic violence and fled in their vehicle). The use of this technology is a staff multiplier.

Item #7.1.

CPD identified the Flock Safety ALPR system as the best ALPR solution for Calistoga based on the following:
- Flock program is an all-inclusive model for deploying leased ALPR cameras. Anannual flat lease fee of $2,500 per camera, which is wireless, free of infrastructure set-up, with an option for solar or direct power access.
- Flock allows for cancellation of services and lease agreement at any time without cause. - Flock lease program frees the city from the burden of costly equipment maintenance and replacement expenditure during the lease and at the end of the agreement. - Flock is Criminal Justice Information Services (CJIS) complaint, provides cloud-based hosting, unlimited user licenses, ongoing software enhancements, camera set-up, mounting, shipping, handling, and cellular connection.
- Flock cameras can capture two lanes of traffic simultaneously with a single camera. - Flock’s data retention and data privacy access policies provide strict individual user access, a limited 30-day data search capability and is able to provide full audit logs compliant with Federal and State legislation.
- Flock cameras are used in Napa County, Sonoma County, extensively in Lake County, and in East Bay Area cities.
- As a member of the Flock ALPR system, we have access to the data and search capabilities outside our six cameras to all cameras in the Flock system. - Data collected on our six cameras is CPD’s data and any requests for release needs to be approved by CPD.
- Flock has an integrated partnership with Axon Enterprises Inc which is the same vendor who provides CPD’s body worn cameras.
- Flock provides a transparency portal app which allows the sharing of the ALPR policy, search audits, and level of activity on the ALPRs.

There has been concern regarding privacy issues and how data will be used. Flock system has an audit component to their system, the cameras do not have facial recognition, by CPD’s policy and California law pursuant to the California Values Act, data collected on the cameras are not shared with Immigration and Customs Enforcement. Data, not collected as evidence or part of an investigation, is deleted by Flock after 30 days. See the attached proposed CPD Automated License Plate Reader (ALPR) Policy.

CPD’s strategy is to place the six cameras in the following general locations. - Highways 29/128 entering the city limits,
- Silverado Trail entering the city limits,
- Petrified Forest Road entering the city limits,
Item #7.1.

- Highway 128 entering the city limits,
- Grant Street entering the city limits, and
- The area of Hwy 29 and Tubbs Lane
The Flock ALPR camera system will not only assist CPD in responding to reported criminal activity and conducting investigations of crimes that occur in Calistoga but it will also notify CPD of wanted vehicles or vehicles involved in crimes outside of Calistoga but are entering Calistoga. The ability to get this information will assist CPD in safeguarding the community and visitors from possibly being victimized.

The Flock Safety program is a 2-year contract lease. The first year has one-time set up costs consisting of $350 per camera for setting up cameras on city roads and $750 per camera for set-up and installation on State Highways. Annual cost for the lease program is $2500 per cameral and $2500 for the software upgrades. See Attached quote.

Flock Safety offers many benefits in their all-inclusive model lease program. These include but not limited to the scalability of the program to add or reduce cameras, privacy and protections to ensure the efficacy of the ALPR program, and the machine’s real-time vision to analyze, identify, and capture characteristics of vehicles, license plate, state recognition, vehicle color, vehicle type, and vehicle make to name a few. Flock Safety is submitted as a Sole Source vendor for this request.

CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:

This project supports and furthers the City Council’s Goal of “Offer excellent professional services to all customers.” This purchase enhances the ability of CPD to provide excellent services to the community.

CEQA STATUS:

Not Applicable
FINANCIAL IMPACT:

The total cost of the Flock Safety ALPR 2-year lease agreement is $39,100.00. The first year with the one-time set-up cost is $21,600 and the 2nd year is $17,500.00. A transfer of $39,100 from the police COPS grant fund account #41-4700-4799 to the Equipment Replacement fund account 15-3299 and expense account #15-4970-4821.

ATTACHMENT(S):

Reso - Flock ALPR Camera
CPD DRAFT ALPR POLICY 070522
Calistoga PD quote 061522
Flock ALPR Sole Source Letter 070622
APPROVAL(S):

Gloria Leon, Administrative Services Director Approved - Jul 12 2022 Laura Snideman, City Manager Approved - Jul 12 2022
Marni Rittburg, City Clerk Approved - Jul 20 2022
Item #7.1.

ATTACHMENT 1
RESOLUTION NO. 2022-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF

NAPA, STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXPEND POLICE COPS GRANT FUNDS TO ENTER INTO A 2-YEAR LEASE AGREEMENT WITH

FLOCK SAFETY FOR SIX AUTOMATED LICENSE PLATE READER CAMERAS IN THE AMOUNT NOT TO EXCEED $39,100
WHEREAS, the Police Department requests to lease six Automated License Plate Reader (ALPR) cameras to assist in the response, investigation, and apprehension of criminals; and WHEREAS, ALPR cameras have been found to be effective in deterring criminal activity and a significant tool in conducting criminal investigations; and WHEREAS, the Police Department has identified Flock Safety to be a qualified and competent sole source vendor who provides ALPR cameras that meet the needs of the Police Department; and
WHEREAS, Flock Safety provides an all-inclusive model program for deploying leased ALPR cameras for a flat fee of $2500 per camera and will install, monitor, and maintain the wireless ALPR cameras; and
WHEREAS, Flock Safety is Criminal Justice Information Services compliant, has full audit capabilities, and policies and protocols in place to protect privacy; and WHEREAS, Flock ALPR cameras have no facial recognition capabilities and provides a Transparency Portal App for the community to ensure the efficacy on the use of the cameras; and
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Calistoga hereby authorizes the City Manager to expend COPS grant funds to enter into a 2-year lease agreement with Flock Safety for the six cameras for the Police Department in an amount not to exceed $39,100 by transferring funds from COPS grant funds account #41-4700-4799 to the Equipment Replacement fund account 15-3299-000 and expense account #15-4970-4821.

PASSED, APPROVED AND ADOPTED this 2nd day of August 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.

(DRAFT) CALISTOGA POLICE DEPARTMENT (DRAFT)
AUTOMATED LICENSE PLATE READERS (ALPRs) POLICY:

PURPOSE AND SCOPE
The purpose of this policy is to provide guidance for the capture, storage, and use of digital data obtained through the use of Automated License Plate Reader (ALPR) technology.

POLICY
The policy of the Calistoga Police Department (CPD) is to utilize ALPR technology to capture and store digital license plate data and images while recognizing the established privacy rights of the public.

All data and images gathered by the ALPR are for the official use of this department. Because such data may contain confidential information, it is not open to public review.

The Calistoga Police Department does not permit the sharing of ALPR data gathered by the city or its contractors/subcontractors for purpose of federal immigration enforcement, pursuant to the California Values Act (Government Code § 7282.5; Government Code § 7284.2 et seq) – these federal immigration agencies include Immigrations and Customs Enforcement (ICE) and Customs and Border Patrol (CPB).

DEFINITIONS
(a) Automated License Plate Reader (ALPR): A device that uses cameras and computer technology to compare digital images to lists of known information of interest. (b) ALPR Operator: Trained Department members who may utilize ALPR system/equipment.

ALPR operators may be assigned to any position within the Department, and the ALPR Administrator may order the deployment of the ALPR systems for use in various efforts. (c) ALPR Administrator: The Operation’s Lieutenant or the Chief’s designee, serves as the ALPR Administrator for the Department.
(d) Hot List: A list of license plates associated with vehicles of interest compiled from one or more databases including, but not limited to, NCIC, CA DMV, Local BOLO's, etc. (e) Vehicles of Interest: Including, but not limited to vehicles which are reported as stolen; display stolen license plates or tags; vehicles linked to missing and/or wanted persons and vehicles flagged by the Department of Motor Vehicle Administration or law enforcement agencies.

Item #7.1.

(f) Detection: Data obtained by an ALPR of an image (such as a license plate) within public view that was read by the device, including potential images (such as the plate and description of vehicle on which it was displayed), and information regarding the location of the ALPR system at the time of the ALPR's read.
(g) Hit: Alert from the ALPR system that a scanned license plate number may be in the National Crime Information Center (NCIC) or other law enforcement database for a specific reason including, but not limited to, being related to a stolen car, wanted person, missing person, domestic violation protective order or terrorist-related activity.

ADMINISTRATION
The ALPR technology, also known as License Plate Recognition (LPR), allows for the automated detection of license plates along with the vehicle make, model, color and unique identifiers through the Calistoga Police Department’s ALPR’s system and the vendor’s vehicle identification technology. The technology is used by the Calistoga Police Department to convert data associated with vehicle license plates and vehicle descriptions for official law enforcement purposes, including identifying stolen or wanted vehicles, stolen license plates and missing persons. It may also be used to gather information related to active warrants, homeland security, electronic surveillance, suspect interdiction, and stolen property recovery. All installation and maintenance of ALPR equipment, as well as ALPR data retention and access, shall be managed by the Department ALPR Administrator. The ALPR Administrator will be assigned to administer the day-to-day operation of the ALPR equipment and data.

ALPR ADMINISTRATOR
The Operation’s Lieutenant or the Chief’s designee shall be responsible for compliance with the requirements of Civil Code § 1798.90.5 et seq. This includes, but is not limited to (Civil Code § 1798.90.51; Civil Code § 1798.90.53):
(a) Only properly trained sworn officers, police dispatchers, and designated police personnel are allowed access to the ALPR system or to collect ALPR information. (b) Ensuring that training requirements are completed for authorized users. (c) ALPR system monitoring to ensure the security of the information and compliance with applicable privacy laws.
(d) Ensuring that procedures are followed for system operators and to maintain records of access in compliance with Civil Code § 1798.90.52.

Item #7.1.

(e) The title and name of the current designee in overseeing the ALPR operation is maintained. Continually working with the Custodian of Records on the retention and destruction of ALPR data.
(f) Ensuring this policy and related procedures are conspicuously posted on the department’s website.

OPERATIONS
Use of an ALPR is restricted to the purposes outlined below. Department members shall not use or allow others to use the equipment or database records for any unauthorized purpose (Civil Code § 1798.90.51; Civil Code § 1798.90.53).
(a) An ALPR shall only be used for official law enforcement business. (b) An ALPR may be used in conjunction with any routine patrol operation or criminal investigation; reasonable suspicion or probable cause is not required before using an ALPR.
(c) Partial license plates and unique vehicle descriptions reported during major crimes should be entered into the ALPR system in an attempt to identify suspect vehicles. (d) No member of this department shall operate ALPR equipment or access ALPR data without first completing department-approved training.
(e) If practicable, the officer should verify an ALPR response through the California Law Enforcement Telecommunications System (CLETS) before taking enforcement action that is based solely on an ALPR alert. Once an alert is received, the operator should confirm that the observed license plate from the system matches the license plate of the observed vehicle. Before any law enforcement action is taken because of an ALPR alert, the alert will be verified through a CLETS inquiry via MDC or through Dispatch.

Members will not take any police action that restricts the freedom of any individual based solely on an ALPR alert unless it has been validated. Because the ALPR alert may relate to a vehicle and may not relate to the person operating the vehicle, officers are reminded that they need to have reasonable suspicion and/or probable cause to make an enforcement stop of any vehicle. (For example, if a vehicle is entered into the system because of its association with a wanted individual, Officers should attempt to visually match the driver to the description of the wanted subject prior to making the stop or should have another legal basis for making the stop.)
Item #7.1.

(f) Hot Lists. Designation of hot lists to be utilized by the ALPR system shall be made by the ALPR Administrator or his/her designee. Hot lists shall be obtained or compiled from sources as may be consistent with the purposes of the ALPR system set forth in this Policy. Hot lists utilized by the Department's LPR system may be updated by agency sources more frequently than the Department may be uploading them and thus the Department's LPR system will not have access to real time data. Occasionally, there may be errors in the LPR system’s read of a license plate. Therefore, an alert alone shall not be a basis for police action (other than following the vehicle of interest). Prior to initiation of a stop of a vehicle or other intervention based on an alert, Department members shall undertake the following:
(1) Verification of status on a Hot List. An officer must receive confirmation, from a Calistoga Police Department Dispatcher or other department computer device, that the license plate is still stolen, wanted, or otherwise of interest before proceeding (absent exigent circumstances).
(2) Visual verification of license plate number. Officers shall visually verify that the license plate of interest matches identically with the image of the license plate number captured (read) by the LPR, including both the alphanumeric characters of the license plate, state of issue, and vehicle descriptors before proceeding.

Department members alerted to the fact that an observed motor vehicle's license plate is entered as a Hot Plate (hit) in a specific BOLO (be on the lookout) list are required to make a reasonable effort to confirm that a wanted person is actually in the vehicle and/or that a reasonable basis exists before a department member would have a lawful basis to stop the vehicle.
(3) Department members will clear all stops from hot list alerts by indicating the positive ALPR Hit, i.e., with an arrest or other enforcement action. If it is not obvious in the text of the call as to the correlation of the ALPR Hit and the arrest, then the Department member shall update with the Dispatcher and original person and/or a crime analyst inputting the vehicle in the hot list (hit). (4) General Hot Lists (SVS, SFR, and SLR) will be automatically downloaded into the ALPR system a minimum of once a day with the most current data overwriting the old data.
(5) All entries and updates of specific Hot Lists within the ALPR system will be documented by the requesting Department member within the appropriate general offense report. As such, specific Hot Lists shall be approved by the ALPR Administrator (or his/her designee) before initial entry within the ALPR system.

The updating of such a list within the ALPR system shall thereafter be Item #7.1.

accomplished pursuant to the approval of the Department member's immediate supervisor. The hits from these data sources should be viewed as informational; created solely to bring the officers attention to specific vehicles that have been associated with criminal activity.

All Hot Plates and suspect information entered into the ALPR system will contain the following information as a minimum:
 Entering Department member's name
 Related case number.
 Short synopsis describing the nature of the originating call (g) Training. No member of this Department shall operate ALPR equipment or access ALPR data without first completing Department-approved training. (h) Login/Log-Out Procedure. To ensure proper operation and facilitate oversight of the ALPR system, all users will be required to have individual credentials for access and use of the systems and/or data, which has the ability to be fully audited.

Permitted/Impermissible Uses. The ALPR system, and all data collected, is the property of the Calistoga Police Department. Department personnel may only access and use the ALPR system for official and legitimate law enforcement purposes consistent with this Policy. The following uses of the ALPR system are specifically prohibited:
(1) Invasion of Privacy: Except when done pursuant to a court order such as a search warrant, is a violation of this Policy to utilize the ALPR to record license plates except those of vehicles that are exposed to public view (e.g., vehicles on a public road or street, or that are on private property but whose license plate(s) are visible from a public road, street, or a place to which members of the public have access, such as the parking lot of a shop or other business establishment). (2) Harassment or Intimidation: It is a violation of this Policy to use the ALPR system to harass and/or intimidate any individual or group.
(3) Use Based on a Protected Characteristic. It is a violation of this policy to use the LPR system or associated scan files or hot lists solely because of a person's, or group's race, gender, religion, political affiliation, nationality, ethnicity, sexual orientation, disability, or other classification protected by law. (4) Personal Use: It is a violation of this Policy to use the ALPR system or associated scan files or hot lists for any personal purpose.

Item #7.1.

(5) First Amendment Rights. It is a violation of this policy to use the LPR system or associated scan files or hot lists for the purpose or known effect of infringing upon First Amendment rights.

Anyone who engages in an impermissible use of the ALPR system or associated scan files, or hot lists may be subject to:
 criminal prosecution,
 civil liability, and/or
 administrative sanctions, up to and including termination, pursuant to and consistent with the relevant collective bargaining agreements and Department policies.

DATA COLLECTION AND RETENTION
The Operations Lieutenant is responsible for ensuring systems and processes are in place for the proper collection and retention of ALPR data. Data will be transferred from vehicles to the designated storage in accordance with department procedures.

All ALPR data downloaded to the server should be stored for no longer than one year, and in accordance with the established records retention schedule. Thereafter, ALPR data should be purged unless it has become, or it is reasonable to believe it will become, evidence in a criminal or civil action or is subject to a discovery request or other lawful action to produce records. In those circumstances the applicable data should be downloaded from the server onto portable media and booked into evidence.

ALPR vendor, Flock Safety will store the data (data hosting) and ensure proper maintenance and security of data stored in their data towers. Flock Safety will purge their data at the end of the 30 days of storage. However, this will not preclude CPD from maintaining any relevant vehicle data obtained from the system after that period pursuant to the established City of Calistoga retention schedule mentioned above or outlined elsewhere.

Restrictions on use of ALPR Data: Information gathered or collected, and records retained by Flock Safety cameras or any other CPD ALPR system will not be sold, accessed, or used for any purpose other than legitimate law enforcement or public safety purposes.

ACCOUNTABILITY and SAFEGUARDS
All data will be closely safeguarded and protected by both procedural and technological means.

The Calistoga Police Department will observe the following safeguards regarding access to and use of stored data (Civil Code § 1798.90.51; Civil Code § 1798.90.53):

Item #7.1.

(a) All non-law enforcement requests for access to stored ALPR data shall be processed in accordance with applicable law.
(b) All ALPR data downloaded to the mobile workstation shall be accessible only through a login/password-protected system capable of documenting all access of information by name, date, and time.
(c) Persons approved to access ALPR data under these guidelines are permitted to access the data for legitimate law enforcement purposes only, such as when the data relate to a specific criminal investigation or department-related civil or administrative action. (d) Such ALPR data may be released to other authorized and verified law enforcement officials and agencies for legitimate law enforcement purposes. (e) Every ALPR Detection Browsing Inquiry must be documented by either the associated Calistoga Police case number or incident number, and/or a reason for the inquiry.

For security or data breaches, see the Records Maintenance and Release Policy (Lexipol Policy #808).

ALPR DATA DETECTION BROWSING AUDITS
It is the responsibility of the ALPR Administrator or the Chief’s designee to ensure that an audit is conducted of ALPR detection browsing inquiries at least once during each calendar year. The Department will audit a sampling of the ALPR system utilization from the prior 12-month period to verify proper use in accordance with the aboveauthorized uses. The audit shall randomly select at least 10 detection browsing inquiries conducted by department employees during the preceding six-month period and determine if each inquiry meets the requirements established in this policy.

The audit shall be documented in the form of an internal department memorandum to the Chief of Police. The memorandum shall include any data errors found so that such errors can be corrected. After review by the Chief of Police, the memorandum and any associated documentation shall be filed and retained by ALPR Administrator.

RELEASING ALPR DATA
The ALPR data may be shared only with other law enforcement or prosecutorial agencies for official law enforcement purposes or as otherwise permitted by law. (a) The agency makes a written request for the ALPR data that includes:

Item #7.1.

(1) The name of the agency.
(2) The name of the person requesting.
(3) The intended purpose of obtaining the information.
(b) The request is reviewed by the Chief of Police or the authorized designee and approved before the request is fulfilled.
(c) The Chief of Police or the authorized designee will consider the California Values Act (Government Code § 7282.5; Government Code § 7284.2 et seq), before approving the release of ALPR data. The Calistoga Police Department does not permit the sharing of ALPR data gathered by the city or its contractors/subcontractors for purpose of federal immigration enforcement, these federal immigration agencies include Immigrations and Customs Enforcement (ICE) and Customs and Border Patrol (CPB). (d) The approved request is retained on file. Requests for ALPR data by non-law enforcement or non-prosecutorial agencies will be processed as provided in the Records Maintenance and Release Policy (Civil Code § 1798.90.55).

TRAINING
The Training Sergeant should ensure that members receive department-approved training for those authorized to use or access the ALPR system (Civil Code § 1798.90.51; Civil Code § 1798.90.53).

Item #7.1.

Recurring Total $17,500.00
Total Price $21,600.00
Bill To Name CA - Calistoga PD
Email [email protected]
Contact Name Mitch Celaya
Email [email protected]
Phone 7144690389
Prepared By Kyle Egkan
Expiration Date 7/29/2022
Quote Number 00002564
Created Date 6/15/2022
Product Description List Price Sales
Price Quantity Total Price
Falcon Camera
Law enforcement grade infrastructure-free (solar power + LTE) license plate recognition camera with Vehicle Fingerprint ™ technology (proprietary machine learning software) and real-time alerts for unlimited users.
$2,500.00 $2,500.00 6.00 $15,000.00
Flock Safety
Advanced Search <25
Falcons
Software upgrade designed to unlock more investigative leads and build stronger cases with less information. Advanced Search includes Convoy Analysis, Multi Geo Search, Visual Search, and Cradlepoint Integration for Automatic Vehicle Location (AVL).
$2,500.00 $2,500.00 1.00 $2,500.00
Professional Services
- Falcon, Standard
Implementation
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Standard Implementation Service Brief.
$350.00 $350.00 1.00 $350.00
Professional Services
- Falcon/Sparrow,
Advanced
Implementation
One time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.
$750.00 $750.00 5.00 $3,750.00
Item #7.1.

flock safety
Sole Source Letter for Flock Safety ALPR Cameras and Solution Flock Safety is the sole manufacturer and developer of the Flock Safety ALPR Camera. Flock Safety is also the sole provider of the comprehensive monitoring, processing, and machine vision services which integrate with the Flock Safety ALPR Camera.

The Flock Safety ALPR camera is the only Law Enforcement Grade ALPR System to offer the following combination of features:
a Machine vision to analyze vehicle license plate, state recognition, vehicle color, vehicle type, and vehicle make
a Machine vision to capture and identify characteristics of vehicles with a paper license plates and vehicles with the absence of a license plate a Abilityto capture two (2) lanes of traf?c simultaneously with a single camera from a vertical mass
0 Wireless deployment of license plate reading cameras with integrated cellular communication weighing less than 5lbs and able to be powered solely by a solar panel of 60W or less
0 Abilityto capture and process up to 30,000 vehicles per day with a single camera powered exclusively by solar power
0 On device machine processing to limitLTE bandwidth consumption a Cloud storage of footage
0 Web based footage retrieval tool with filtering capabilities such as vehicle color, vehicle type, vehicle manufacturer, partial or full license plate, state of license plate, and object detection
0 Privacy controls to enable certain vehicles to “opt—out”of being captured on film 0 Performance monitoring software to predict potential failures, obstructions, tilts, and other critical or minor issues
0 Covert industrial design for minimizing visual pollution Thank you,
Garrett Langley
CEO, Flock Safety
1170 Howell Mill Rd. NW . Suite 2lo, Atlanta, GA 30318 Attachment A

Item #7.1.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Mitch Celaya, Chief
Meeting: City Council - Aug 02 2022
Subject: Replacement of Livescan Machine
DESCRIPTION:

Replacement of the livescan fingerprint system needs due to mechanical issues and no longer covered under a maintenance agreement.

RECOMMENDATION:

Adopt the Resolution authorizing the City Manager to the purchase of a MorphoTrust USA Touchprint TPE-5600-ED livescan fingerprint system in the amount not to exceed $25,000.00.

BACKGROUND/SUMMARY:

The Police Department (CPD) purchased and installed a MorphoTrust TPE-5900-ED livescan fingerprint machine in 2016. This machine is maintained and operated by the police department for the processing of arrested individuals and also serves a critical role in the City’s hiring processes and provides livescan fingerprint services for the community. The livescan fingerprint service is important when hiring individuals in sensitive positions that require interacting with children, financial positions, positions deemed sensitive and requiring a high level of trust, and positions requiring criminal background checks and clearance via the Department of Justice.

In addition to facilitating all city hiring, CPD’s livescan fingerprint machine provides timely services needed to facilitate the seasonal hiring of Parks & Recreation coaches and vetting volunteers working with or interacting with children. CPD’s livescan services are routinely used by the Calistoga Unified School District, local government entities, and local non-profit organizations as well individuals outside our community for the purposes of licensing, bonding, and state required fingerprinting.

CPD’s livescan services are provided 24 hours a day 7 days a week as staffing and availability allow.

The police department conducts an average of over three hundred livescans services annually to the city and community not including the processing of arrested individuals. Livescan services generate some revenue as livescans for Calistoga community members are charged $20 and non-Calistoga residents are charged $50 for livescan services in addition to FBI and DOJ fees.

In December of 2021, MorphoTrust USA no longer provided a maintenance agreement for the TPE5900-ED livescan fingerprinting system due to the system’s age and parts no longer supported.

MorphoTrust did provide maintenance for CPD’s outdated system on a time and material cost basis as long as parts were available. The out of contract maintenance fee consists of $400 for travel, $175 for mileage, and $200 per hour for labor plus parts. Since December 2021 we have had maintenance issues with the livescan machine which resulted in minimally three calls for service and over $3,800 in costs to date. The annual maintenance contract prior to being discontinued was approximately $8440 per year.

Item #7.2.

MorphoTrust USA is a sole source vendor that provides livescan fingerprint imaging systems that are FBI certified and exceed FBI requirements. The proposed Touchprint TPE-5600-ED fingerprint scanning system meets the police department needs in processing and booking individuals arrested as well as the livescan needs of the city and community (see attached description and quote). The Touchprint 5600 fingerprint systems also adds the ability to conduct latent fingerprint comparison of latent fingerprints located and lifted at crime scenes. This ability allows the police department to process latent fingerprints more quickly when doing comparisons with a victim’s fingerprints or trying to identify a suspect who is in the Department of Justice Database System.

CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:

This request supports and furthers the City Council’s Goal of “Offer excellent professional services to all customers.” The replacement of the livescan fingerprint system directly impacts the police department’s ability to provide excellent and professional police and city services in a reliable manner.

CEQA STATUS:

Not Applicable
FINANCIAL IMPACT:

The cost of the MorphoTrust USA Touchprint 5600 is approximately $22,806 (see attached quote).

The cost includes installation, hardware, software, training, and a one-year warranty but does not include the sales tax. The annual service fee is expected to be approximately $8440 per year after the first year. To account for the sales tax, the request is to transfer $25,000 from COPS grant funds account #41-4700-4799 to the Equipment Replacement fund account #15-3299 and expense account #15-4970-4821.

ATTACHMENT(S):

Livescan Replacement Resolution 080222
Calistoga PD_IDCA-L050522-03_LiveScan TPE_subm to Cal-DOJ APPROVAL(S):

Gloria Leon, Administrative Services Director Approved - Jul 20 2022 Laura Snideman, City Manager Approved - Jul 25 2022
Marni Rittburg, City Clerk Approved - Jul 25 2022
Item #7.2.

ATTACHMENT 1
RESOLUTION NO. 2022-XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF NAPA, STATE

OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXPEND EQUIPMENT MAINTENANCE & REPLACEMENT FUNDS TO PURCHASE A LIVESCAN FINGERPRINT SYSTEM FOR THE POLICE DEPARTMENT IN AN AMOUNT NOT TO EXCEED $25,000.

WHEREAS, the Police Department is in need of a replacement Livescan fingerprint system; and WHEREAS, the Livescan Fingerprint system is critical to the police department’s ability to process arrested individuals and conduct its business; and
WHEREAS, the Livescan Fingerprint system provides a valuable service to the Cty of Calistoga hiring process; and
WHEREAS, the LIvescan Fingerprint system provides a valuable service to the community; and WHEREAS, the Calistoga Police Department has identified the MorphoTrust Touchprint 5600 fingerprint system that meets the needs of the police department, City of Calistoga, and the community; and

NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CALISTOGA HEREBY authorizes the City Manager to expend up to $25,000 by transferring funds from COPS grant funds account #41-4700-4799 to the Equipment Replacement fund account #15- 3299 and expense account #15-4970-4821.

PASSED, APPROVED AND ADOPTED this 2
nd day of August 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 #7.2.

Reference: IDCA-L050522-03 Page 1 of 8
Idemia Identity & Security USA LLC ● 5515 East La Palma Avenue, Suite 100, Anaheim, CA 92807 ● www.na.idemia.com

5515 East La Palma Avenue, Suite 100
Anaheim CA 92807
May 9, 2022
Yudiana Galvan
Community Service Officer
Calistoga Police Department
1235 Washington St.

Calistoga, CA
Tel: 707-942-2810
Email: [email protected]
Reference No. IDCA-L050522-03
IDEMIA is pleased to provide Calistoga Police Department with the following price quote for the IDEMIA LiveScan System equipped with the accepted standard California Department of Justice (CAL-DOJ) software and workflows.

IDEMIA’s fully integrated LiveScan solution provides Calistoga Police Department the following features and benefits:
 Single-source vendor for all components of the LiveScan solution, including the AFIS interface for records submission to the State.
 Certification to the FBI’s Electronic Fingerprint Transmission Specifications
 “Hit/No Hit” Response from the State AFIS Search
 Automatic fingerprint sequencing and duplicate print checking before scanning is completed, ensuring data integrity
 Quick check, review, and edit can be performed on each print  All LiveScan Systems include on-site installation, training, and 1 year on-site warranty
Item #7.2.

Reference: IDCA-L050522-03 Page 2 of 8
Idemia Identity & Security USA LLC ● 5515 East La Palma Avenue, Suite 100, Anaheim, CA 92807 ● www.na.idemia.com Solution Description and Pricing
IDEMIA proposes the equipment and services described in Table 1.

Tenprint/Palmprint – Cabinet Adjustable Height** Table 1. Pricing Price source: SL-LAWENF Description Unit Price
TPE-5600-ED
TPE-CSTX-CA001

TPE-CSTX-CAPALM

TPE-COMX-NECFTP

TPE-SWOX-DI-OFCS-BPUSH

TPE-HWOX-DIGCAP

TP-HWOX-DIGCAPC
TP-HWOX-ADLNIC2

TP-IAT-CUSTOM
47FRT
IDEMIA LiveScan System Cabinet AH Tenprint/Palmprint,
including:
 IDEMIA LiveScan System Software
 FBI Appendix F Certified Tenprint/Palmprint 500PPI Scanner with (MDO) Block Technology
 Computer, Monitor, keyboard
 Ruggedized Cabinet – Adjustable Height
 Standard Cal-DOJ defined Workflows and profiles
 Demographic Interface (DI) receives B.TXT files
 Cabinet System - Digital Photo Capture
 Cabinet System - PCI based 10/100 Ethernet LAN adapter  Installation / On-site Training
 Warranty: 1 Year On-site Advantage Solution warranty, 9X5, Next day on-site response and parts replacement
 Freight
$22,806
Current shipping of Palm capture Systems is 120+ days after receipt by IDEMIA of Calistoga Police Department completed pre-install documentation, or as otherwise scheduled.

Optional Annual Maintenance Support will start immediately following the 1st Year Warranty. Please contact the IDEMIA Maintenance Agreement team for pricing details.

Options and Pricing
IDEMIA equipment options and pricing described in Table 2. Options Pricing Description Unit Price
TPE-PRT-DUP Printer Black & White Tenprint Card, Duplexer $1,325 TPE-HWOX-CAMAG Mag Reader & California Software Custo $544 IDEMIA LiveScan System – Details Table 3. Details
Item Description
California Department of
Justice Enterprise
Customization
 TOTS: APP CRM IDN
 Cards: FD258-C/T FD249-C/T CA Hand-C/T
 Other: Transmits to CADOJ NATMS
 Return msg: No
 California Touch Print Enterprise customization for palm capture TPE-COMX-NECFTP  NATMS AFIS Protocol Support w/ FTP: Compression Support Package with FTP provides support for NEC NATMS Protocol Communications over TCP/IP/FTP Wide Area Network Connections w/ WSQ compression.

Customer Responsibilities
Calistoga Police Department is responsible for the following:
 Providing necessary facility resources required for equipment installation and operation including access, space, environmental control, electrical power and networking.  Providing a technical point of contact for IDEMIA who will be the primary person responsible for providing and/or coordinating obtainment of site installation pre-requisite information such as network information, IP addresses, power information, etc.
 To obtain and maintain the required transmission lines and hardware for remote communications to and from the necessary agencies.
 Installation, testing and troubleshooting any network communication connections, lines and/ or Calistoga Police Department network devices.
 Providing the necessary local area and wide area networking (LAN and WAN) including service and backend connectivity as well as any required VPN authorizations  Compliance with receiving agency requirements using receiving agency approved method for electronic transfer  Printer supplies such as ink and toner cartridges (consumables) are Calistoga Police Department responsibility.

IDEMIA does not offer or resell these items.

Item #7.2.

Reference: IDCA-L050522-03 Page 3 of 8
Idemia Identity & Security USA LLC ● 5515 East La Palma Avenue, Suite 100, Anaheim, CA 92807 ● www.na.idemia.com Assumptions
In developing this proposal, IDEMIA has made the following assumptions:
 The proposed IDEMIA LiveScan System shall conform to the existing IDEMIA LiveScan configuration.

Any additional functional requirements may be treated as change orders.  An inter-agency agreement between Calistoga Police Department and applicable receiving agencies will be in place.
 Calistoga Police Department will provide all necessary communication for connectivity. This includes, but is not limited to hubs, routers, modems, etc.
 On-site Installation Services will be scheduled after network connectivity to Calistoga Police Department has been established and verified.

Additional engineering effort by IDEMIA beyond the scope of the standard product will be quoted based on current service rates in effect at the time of the change, plus any related travel or administrative expenses. Assistance with training and questions for the Calistoga Police Department’s database or any programming, scripting, or review of programs beyond work quoted above are excluded from this offer.

Prices are exclusive of any and all state, or local taxes, or other fees or levies. Customer payments are due to IDEMIA within 30 days after the date of the invoice. Product purchase will be governed by the IDEMIA Agreement, a copy of which is attached. Firm delivery schedules will be provided upon receipt of a purchase order. No subsequent purchase order can override such terms. Nothing additional shall be binding upon IDEMIA unless a subsequent agreement is signed by both parties.

IDEMIA reserves the right to substitute hardware of equal value with equal or better capability, based upon market availability. If, however such equipment is unavailable, IDEMIA will makes its best effort to provide a suitable replacement.

Proposal Expiration: July 31, 2022
Purchase orders should be sent to IDEMIA by electronic mail, facsimile or U.S. mail. Please direct all order correspondence, including Purchase Order, to:

Terry Spalding
IDEMIA
5515 East La Palma Avenue, Suite 100
Anaheim, CA 92807
Email: [email protected] | Mobile: (714) 322-4425 We look forward to working with you.

Sincerely,
Casey Mayfield
Vice President Justice and Public Safety
IDEMIA Identity & Security USA LLC
Item #7.2.

Reference: IDCA-L050522-03 Page 4 of 8
Idemia Identity & Security USA LLC ● 5515 East La Palma Avenue, Suite 100, Anaheim, CA 92807 ● www.na.idemia.com Advantage Solution Support
The following table provides a summary of the maintenance services and support available during warranty and following warranty expiration. Initial warranty period is 1 year from the date of installation.

Support Features Warranty Post Warranty
Software Support 9X5*
Included in
Warranty Available for purchase
Unlimited Telephone Technical Support √ √
2 Hour Telephone Response Time √ √
Remote Dial-in Analysis √ √
Software Standard Releases √ √
Software Supplemental Releases √ √
Automatic Call Escalation √ √
Software Customer Alert Bulletins √ √
Hardware Support – On-site 9X5* Included in
Warranty
Available for purchase
On-Site Response 24-hours √
On-Site Corrective Maintenance √ √
On-Site Parts Replacement √ √
Preventive Maintenance √ √
Escalation Support √ √
Hardware Service Reporting √ √
Hardware Customer Alert Bulletins √ √
Parts Support Included in
Warranty
Available for purchase
Advanced Exchange Parts Replacement √ √
Telephone Technical Support for Parts
Replacement
√ √
Parts Customer Alert Bulletins √ √
Software Uplifts
Hours of Coverage Available up to 24 Hours Per
Day, 7 Days/Week
Optional Optional
Hardware Uplifts
Hours of Coverage Available up to 24 Hours Per
Day, 7 Days/Week
Optional Optional
*Customer local time
Item #7.2.

Reference: IDCA-L050522-03 Page 5 of 8
Idemia Identity & Security USA LLC ● 5515 East La Palma Avenue, Suite 100, Anaheim, CA 92807 ● www.na.idemia.com By signing this signature block below, Calistoga Police Department agrees to the terms and pricing stated in this price quote for the product and services as referenced above. My signature below constitutes the acceptance of this order and authorizes IDEMIA, LLC to ship and provide these product and services:

Signature Authorization for Order:

Signature
Name
Date
Total Purchase Price (including any Options): $ _________________

PLEASE ENTER ORDER AMOUNT ON THE SPACE ABOVE
PLEASE PROVIDE A COPY OF CURRENT TAX EXEMPTION CERTIFICATE (if applicable).

Please provide Billing Address:

Billing Contact name:

Telephone number: ( )
Email:

Check if Billing Address is same as Shipping Address:

Please provide Shipping Address (if different from Billing Address):

Technical Contact name:

Telephone number: ( )
Email:

Item #7.2.

Reference: IDCA-L050522-03 Page 6 of 8
Idemia Identity & Security USA LLC ● 5515 East La Palma Avenue, Suite 100, Anaheim, CA 92807 ● www.na.idemia.com Idemia Identity & Security USA LLC Short Form Sales
Agreement

1. Scope. Idemia Identity & Security USA LLC, (“IDEMIA” or “Seller”) having a place of business at 5515 East La Palma Avenue, Suite 100, Anaheim, California 92807 and
, (“Customer”), having a place of
business at
, enter into this Sales Agreement
(“Agreement”), pursuant to which IDEMIA will sell to Customer and Customer will purchase from Seller the equipment, parts, software, or services related to the equipment (e.g., installation) described in Seller’s Proposal or Letter Quote dated __________________. These terms and conditions, together with the Proposal or Quote, comprise the “Agreement.” Customer may indicate its acceptance of this Agreement by signing below or by issuing a purchase order that refers to either the Proposal/Quote or to a Customer solicitation to which the Proposal/Quote responds. Only these terms and conditions apply to the transaction, notwithstanding any inconsistent or additional terms and conditions contained in the purchase order or Customer solicitation.

2. Price, Payment and Sales Terms. The Contract Price is U.S. $_________________, excluding applicable sales, use, or similar taxes. Seller will submit invoices to Customer for products when they are shipped and, if applicable, for services when they are performed.

Customer will make payments to Seller within twenty (20) days after the invoice date. Unless otherwise stipulated with the Seller when an Order is accepted, the Equipment will be delivered by Seller “FCA” (Free Carrier), with named place being the Seller’s premises where the Goods are being dispatched, (Incoterms 2010). Title to the Equipment will pass to Customer upon payment in full of the Contract Price as outlined above, except that title to Software will not pass to Customer at any time. Risk of loss will pass to Customer upon delivery of the Equipment to the Customer at the agreed named place of delivery in accordance with the Incoterm in the contract. Seller will pack and ship all Equipment in accordance with good commercial practices.

3. Software. If this transaction involves software, any software owned by Seller (“IDEMIA Software”) is licensed to Customer solely in accordance with Seller’s Software License Agreement (“SLA”), which is attached as Exhibit A and incorporated herein by this reference. Any software owned by a third party (“Non-IDEMIA Software”) is licensed to Customer in accordance with the standard license, terms, and restrictions of the copyright owner unless the owner has granted to Seller the right to sublicense its software pursuant to the SLA, in which case the SLA applies and the owner will have all rights and protections under the SLA as the Licensor. Seller makes no representations or warranties of any kind regarding Non-IDEMIA Software.

4. Express Limited Warranty and Warranty Disclaimer. IDEMIA Software is warranted in accordance with the SLA.

5. Delays and Disputes. Neither party will be liable for its nonperformance or delayed performance if caused by an event, circumstance, or act of a third party that is beyond a party’s reasonable control (a “Force Majeure”). Each party will notify the other if it becomes aware of a Force Majeure that will significantly delay performance. The parties will try to settle any dispute arising from this Agreement (except for a claim relating to intellectual property or breach of confidentiality) through good faith negotiations. If necessary, the parties will escalate the dispute to their appropriate higher-level managers. If negotiations fail, the parties will jointly select a mediator to mediate the dispute and will share equally the mediation costs.

Neither party will assert a breach of this Agreement without first giving the other party written notice and a thirty (30) day period to cure the alleged breach.

6. LIMITATION OF LIABILITY. Except for personal injury or death, Seller's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the purchase price of the products or services for which losses or damages are claimed. SELLER WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE,
TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS;

OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR

CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR

ARISING FROM THIS AGREEMENT, THE SALE OR USE OF THE

PRODUCTS, OR THE PERFORMANCE OF SERVICES BY SELLER
PURSUANT TO THIS AGREEMENT. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one year after the accrual of the cause of action. This limitation of liability survives the expiration or termination of this Agreement.

7. Confidential Information and Preservation of Proprietary Rights.

The SLA governs software confidentiality. As to any other information marked “Confidential” and provided by one party to the other, the receiving party will maintain the confidentiality of the information and not disclose it to any third party; take necessary and appropriate precautions to protect the information; and use the information only to further the performance of this Agreement. Confidential information is and will remain the property of the disclosing party, and no grant of proprietary rights in the confidential information is given or intended.

Seller, any copyright owner of Non-IDEMIA Software, and any third party manufacturer own and retain all of their proprietary rights in the equipment, parts and software, and nothing herein is intended to restrict their proprietary rights,. Except as explicitly provided in the SLA, this Agreement does not grant any right, title or interest in Seller’s proprietary rights, or a license under any Seller patent or patent application.

8. Miscellaneous: Each party will comply with all applicable laws, regulations and rules concerning the performance of this Agreement or use of the products to the extent they do not conflict with the laws of the United States. This Agreement and the rights and duties of the parties will be governed by and interpreted in accordance with the laws of the State in which the products are installed to the extent they do not conflict with the laws of the United States. This Agreement constitutes the entire agreement of the parties regarding this transaction, supersedes all previous agreements and proposals relating to this subject matter, and may be amended only by a written instrument executed by both parties. Seller is not making, and Customer is not relying upon, any representation or warranty except those expressed herein. There are no certifications or commitments binding Seller applicable to this transaction unless they are in writing and signed by an authorized signatory of Seller.

Idemia Identity & Security USA LLC (“SELLER”):

Signed
Name
Title
Date
NAME (“CUSTOMER”)
Signed
Name
Title
Date
Item #7.2.

Reference: IDCA-L050522-03 Page 7 of 8
Idemia Identity & Security USA LLC ● 5515 East La Palma Avenue, Suite 100, Anaheim, CA 92807 ● www.na.idemia.com EXHIBIT A – SOFTWARE LICENSE AGREEMENT
In this Exhibit A, the term “Licensor” means Idemia Identity & Security USA LLC, (“IDEMIA”); “Licensee,” means the Customer; “Primary Agreement” means the agreement to which this exhibit is attached (IDEMIA Short Form Sales Agreement); and “Agreement” means this Exhibit and the applicable terms and conditions contained in the Primary Agreement. The parties agree as follows:

For good and valuable consideration, the parties agree as follows:

SECTION 1. DEFINITIONS

1.1 “Designated Products” means products provided by
IDEMIA to Licensee with which or for which the Software and Documentation is licensed for use.

1.2 “Documentation” means product and software
documentation that specifies technical and performance features and capabilities, and the user, operation and training manuals for the Software (including all physical or electronic media upon which such information is provided).

1.3 “Open Source Software” means software with either freely obtainable source code, license for modification, or permission for free distribution.

1.4 “Open Source Software License” means the terms or
conditions under which the Open Source Software is licensed.

1.5 “Primary Agreement” means the agreement to which this exhibit is attached (IDEMIA Short Form Sales Agreement).

1.6 “Security Vulnerability” means a flaw or weakness in system security procedures, design, implementation, or internal controls that could be exercised (accidentally triggered or intentionally exploited) and result in a security breach such that data is compromised, manipulated or stolen or the system damaged.

1.7 “Software” (i) means proprietary software in object code format, and adaptations, translations, de-compilations, disassemblies, emulations, or derivative works of such software; (ii) means any modifications, enhancements, new versions and new releases of the software provided by IDEMIA; and (iii) may contain one or more items of software owned by a third party supplier. The term "Software" does not include any third party software provided under separate license or third party software not licensable under the terms of this Agreement.

SECTION 2. SCOPE
IDEMIA and Licensee enter into this Agreement in connection with IDEMIA's delivery of certain proprietary Software or products containing embedded or pre-loaded proprietary Software, or both. This Agreement contains the terms and conditions of the license IDEMIA is providing to Licensee, and Licensee’s use of the Software and Documentation.

SECTION 3. GRANT OF LICENSE

3.1. Subject to the provisions of this Agreement and the payment of applicable license fees, IDEMIA grants to Licensee a personal, limited, non-transferable (except as permitted in Section 7) and non-exclusive license under IDEMIA’s copyrights and Confidential Information (as defined in the Primary Agreement) embodied in the Software to use the Software, in object code form, and the Documentation solely in connection with Licensee's use of the Designated Products. This Agreement does not grant any rights to source code.

3.2. If the Software licensed under this Agreement contains or is derived from Open Source Software, the terms and conditions governing the use of such Open Source Software are in the Open Source Software Licenses of the copyright owner and not this Agreement. If there is a conflict between the terms and conditions of this Agreement and the terms and conditions of the Open Source Software Licenses governing Licensee’s use of the Open Source Software, the terms and conditions of the license grant of the applicable Open Source Software Licenses will take precedence over the license grants in this Agreement. If requested by Licensee, IDEMIA will use commercially reasonable efforts to: (i) determine whether any Open Source Software is provided under this Agreement; (ii) identify the Open Source Software and provide Licensee a copy of the applicable Open Source Software License (or specify where that license may be found); and, (iii) provide Licensee a copy of the Open Source Software source code, without charge, if it is publicly available (although distribution fees may be applicable).

SECTION 4. LIMITATIONS ON USE

4.1. Licensee may use the Software only for Licensee's internal business purposes and only in accordance with the Documentation.

Any other use of the Software is strictly prohibited. Without limiting the general nature of these restrictions, Licensee will not make the Software available for use by third parties on a "time sharing," "application service provider," or "service bureau" basis or for any other similar commercial rental or sharing arrangement.

4.2. Licensee will not, and will not allow or enable any third party to: (i) reverse engineer, disassemble, peel components, decompile, reprogram or otherwise reduce the Software or any portion to a human perceptible form or otherwise attempt to recreate the source code; (ii) modify, adapt, create derivative works of, or merge the Software; (iii) copy, reproduce, distribute, lend, or lease the Software or Documentation to any third party, grant any sublicense or other rights in the Software or Documentation to any third party, or take any action that would cause the Software or Documentation to be placed in the public domain; (iv) remove, or in any way alter or obscure, any copyright notice or other notice of IDEMIA's proprietary rights; (v) provide, copy, transmit, disclose, divulge or make the Software or Documentation available to, or permit the use of the Software by any third party or on any machine except as expressly authorized by this Agreement; or (vi) use, or permit the use of, the Software in a manner that would result in the production of a copy of the Software solely by activating a machine containing the Software. Licensee may make one copy of Software to be used solely for archival, back-up, or disaster recovery purposes; provided that Licensee may not operate that copy of the Software at the same time as the original Software is being operated. Licensee may make as many copies of the Documentation as it may reasonably require for the internal use of the Software.

4.3. Unless otherwise authorized by IDEMIA in writing,
Licensee will not, and will not enable or allow any third party to: (i) install a licensed copy of the Software on more than one unit of a Designated Product; or (ii) copy onto or transfer Software installed in one unit of a Designated Product onto another device. Licensee may temporarily transfer Software installed on a Designated Product to another device if the Designated Product is inoperable or malfunctioning, if Licensee provides written notice to IDEMIA of the temporary transfer and identifies the device on which the Software is transferred. Temporary transfer of the Software to another device must be discontinued when the original Designated Product is returned to operation and the Software must be removed from the other device.

Licensee must provide prompt written notice to IDEMIA at the time temporary transfer is discontinued.

SECTION 5. OWNERSHIP AND TITLE
IDEMIA, its licensors, and its suppliers retain all of their proprietary rights in any form in and to the Software and Documentation, including, but not limited to, all rights in patents, patent applications, inventions, copyrights, trademarks, trade secrets, trade names, and other proprietary rights in or relating to the Software and Documentation (including any corrections, bug fixes, enhancements, updates, modifications, adaptations, translations, de-compilations, disassemblies, emulations to or derivative works from the Software or Documentation, whether made by IDEMIA or another party, or any improvements that result from IDEMIA’s processes or, provision of information services). No rights are granted to Licensee under this Agreement by implication, estoppel or otherwise, except for those rights which are expressly granted to Licensee in this Agreement. All intellectual property developed, originated, or prepared by IDEMIA in connection with providing the Software, Designated Products, Documentation or related services, remains vested exclusively in IDEMIA, and Licensee will not have any shared development or other intellectual property rights.

SECTION 6. LIMITED WARRANTY; DISCLAIMER OF WARRANTY

6.1. If Licensee is not in breach of any of its obligations under this Agreement, IDEMIA warrants that the unmodified Software, when used properly and in accordance with the Documentation and this Agreement, will be free from a reproducible defect that eliminates the functionality or successful operation of a feature critical to the primary functionality or successful operation of the Software. Whether a defect occurs will be determined by IDEMIA solely with reference to the Documentation. IDEMIA does not warrant that Licensee’s use of the Software or the Designated Products will be uninterrupted, error-free, completely free of Security Vulnerabilities, or that the Software or the Designated Products will meet Licensee’s particular requirements.

IDEMIA makes no representations or warranties with respect to any third party software included in the Software.

6.2 IDEMIA’s sole obligation to Licensee and Licensee’s exclusive remedy under this warranty is to use reasonable efforts to remedy any material Software defect covered by this warranty. These efforts will involve either replacing the media or attempting to correct significant, demonstrable program or documentation errors or Security Vulnerabilities. If IDEMIA cannot correct the defect within a reasonable time, then at IDEMIA’s option, IDEMIA will replace the defective Item #7.2.

Reference: IDCA-L050522-03 Page 8 of 8
Idemia Identity & Security USA LLC ● 5515 East La Palma Avenue, Suite 100, Anaheim, CA 92807 ● www.na.idemia.com Software with functionally-equivalent Software, license to Licensee substitute Software which will accomplish the same objective, or terminate the license and refund the Licensee’s paid license fee.

6.3. Warranty claims are described in the Primary Agreement.

6.4. The express warranties set forth in this Section 6 are in lieu of, and IDEMIA disclaims, any and all other warranties (express or implied, oral or written) with respect to the Software or Documentation, including, without limitation, any and all implied warranties of condition, title, non-infringement, merchantability, or fitness for a particular purpose or use by Licensee (whether or not IDEMIA knows, has reason to know, has been advised, or is otherwise aware of any such purpose or use), whether arising by law, by reason of custom or usage of trade, or by course of dealing. In addition, IDEMIA disclaims any warranty to any person other than Licensee with respect to the Software or Documentation.

SECTION 7. TRANSFERS
Licensee will not transfer the Software or Documentation to any third party without IDEMIA's prior written consent. IDEMIA’s consent may be withheld at its discretion and may be conditioned upon transferee paying all applicable license fees and agreeing to be bound by this Agreement.

SECTION 8. TERM AND TERMINATION

8.1 Licensee’s right to use the Software and Documentation will begin when the Primary Agreement is signed by both parties and will continue for the life of the Designated Products with which or for which the Software and Documentation have been provided by IDEMIA, unless Licensee breaches this Agreement, in which case this Agreement and Licensee's right to use the Software and
Documentation may be terminated immediately upon notice by IDEMIA.

8.2 Within thirty (30) days after termination of this Agreement, Licensee must certify in writing to IDEMIA that all copies of the Software have been removed or deleted from the Designated Products and that all copies of the Software and Documentation have been returned to IDEMIA or destroyed by Licensee and are no longer in use by Licensee.

8.3 Licensee acknowledges that IDEMIA made a considerable investment of resources in the development, marketing, and distribution of the Software and Documentation and that Licensee's breach of this Agreement will result in irreparable harm to IDEMIA for which monetary damages would be inadequate. If Licensee breaches this Agreement, IDEMIA may terminate this Agreement and be entitled to all available remedies at law or in equity (including immediate injunctive relief and repossession of all non-embedded Software and associated Documentation unless Licensee is a Federal agency of the United States Government).

SECTION 9.UNITED STATES GOVERNMENT LICENSING

PROVISIONS & RESTRICTED RIGHTS LEGEND
This Section applies if Licensee is the United States Government or a United States Government agency. Licensee’s use, duplication or disclosure of the Software and Documentation under IDEMIA’s copyrights or trade secret rights is subject to the restrictions set forth in subparagraphs (c)(1) and (2) of the Commercial Computer SoftwareRestricted Rights clause at FAR 52.227-19 (JUNE 1987), if applicable, unless they are being provided to the Department of Defense. If the Software and Documentation are being provided to the Department of Defense, Licensee’s use, duplication, or disclosure of the Software and Documentation is subject to the restricted rights set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 (OCT 1988), if applicable.

The Software and Documentation may or may not include a Restricted Rights notice, or other notice referring to this Agreement. The provisions of this Agreement will continue to apply, but only to the extent that they are consistent with the rights provided to the Licensee under the provisions of the FAR or DFARS mentioned above, as applicable to the particular procuring agency and procurement transaction.

SECTION 10. CONFIDENTIALITY
Licensee acknowledges that the Software and Documentation contain IDEMIA’s valuable proprietary and Confidential Information and are IDEMIA’s trade secrets, and that the provisions in the Primary Agreement concerning Confidential Information apply.

SECTION 11. GENERAL

11.1. COPYRIGHT NOTICES. The existence of a copyright
notice on the Software will not be construed as an admission or presumption of publication of the Software or public disclosure of any trade secrets associated with the Software.

11.2. COMPLIANCE WITH LAWS. Licensee acknowledges that
the Software is subject to the laws and regulations of the United States and Licensee will comply with all applicable laws and regulations, including export laws and regulations of the United States. Licensee will not, without the prior authorization of IDEMIA and the appropriate governmental authority of the United States, in any form export or reexport, sell or resell, ship or reship, or divert, through direct or indirect means, any item or technical data or direct or indirect products sold or otherwise furnished to any person within any territory for which the United States Government or any of its agencies at the time of the action, requires an export license or other governmental approval.

Violation of this provision is a material breach of this Agreement.

11.3. GOVERNING LAW. This Agreement is governed by the
laws of the United States to the extent that they apply and otherwise by the internal substantive laws of the State to which the Software is shipped if Licensee is a sovereign government entity, to the extent they do not conflict with the laws of the United States, or the internal substantive laws of the State of Delaware if Licensee is not a sovereign government entity. The terms of the U.N. Convention on Contracts for the International Sale of Goods do not apply. In the event that the Uniform Computer Information Transaction Act, any version of this Act, or a substantially similar law (collectively "UCITA") becomes applicable to a party's performance under this Agreement, UCITA does not govern any aspect of this Agreement or any license granted under this Agreement, or any of the parties' rights or obligations under this Agreement. The governing law will be that in effect prior to the applicability of UCITA.

11.4. THIRD PARTY BENEFICIARIES. This Agreement is
entered into solely for the benefit of IDEMIA and Licensee. No third party has the right to make any claim or assert any right under this Agreement, and no third party is deemed a beneficiary of this Agreement. Notwithstanding the foregoing, any licensor or supplier of third party software included in the Software will be a direct and intended third party beneficiary of this Agreement.

11.5. PREVAILING PARTY. In the event of any dispute arising out of the subject matter of this Agreement, the prevailing party shall recover, in addition to any other damages assessed, its reasonable attorneys' fees and court costs incurred in arbitrating, litigating, or otherwise settling or resolving such dispute.

11.6 SURVIVAL. Sections 4, 5, 6.3, 7, 8, 9, 10, and 11 survive the termination of this Agreement.

Item #7.2.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Jeff Mitchem, Planning & Building Director
Meeting: City Council - Aug 02 2022
Subject: Agreement with UpValley Family Centers for Immigration-Related Services, Senior Services, and Community Health and Education Services DESCRIPTION:

Consider adopting a Resolution authorizing the City Manager to execute a one-year professional services agreement with UpValley Family Centers to provide immigration-related services, senior services, and community and health and education services, in an amount not to exceed $100,000 over the course of the fiscal year.

RECOMMENDATION:

Consider adopting the resolution.

BACKGROUND/SUMMARY:

In July 2021, the City Council renewed its professional services agreement with UpValley Family Centers (UVFC) to provide funding for three of their programs. The agreements assisted in providing free immigration-related programs and support services to immigrants ($30,000), community health and education ($30,000) and senior outreach services ($30,000). All three services assist the residents, and members of the Calistoga community. UVFC is requesting a similar service agreement at increased funding level by $10,000 for additional senior services, bringing the total to $100,000.

UpValley Family Centers seeks to sustain the Community Connection and Immigration Services scopes/budgets at the same level ($30,000/each) and expand the Senior Services scope of work and increase the budget by $10,000 to a total of $40,000. Entire service agreement for FY23 would total $100,000.

The scope of services to be provided is summarized in the following sections.

Immigration-Related Needs
UVFC continues experiencing high demand for assistance with immigration-related needs by Calistoga residents, mostly due to stated or proposed changes in implementation of federal immigration laws. Residents in the community continue expressing worry, fear and serious concerns for themselves and/or their loved ones based on pronouncements at the federal level related to changes in immigration policy and enforcement. UVFC proposes to maintain staff capacity in Calistoga offices two days/week for immigration services and covers salary and benefits – one day/week for an Immigration Program Coordinator, and one day/week for a Program Director to serve Calistoga residents. Staff are bilingual, knowledgeable of the community, trained in immigration law and are partially-accredited representatives by the Board of Immigration Appeals/US Department of Justice.

Item #7.3.

Health and Social Services
The City Council has long recognized and supported the UVFC and its value and service to the community. In Calistoga, UVFC provides health and social services that are not easily accessible to our residents through county or state agencies. Services provided by the UVFC range from medical referrals, child and family counseling, housing assistance services, and food distribution.

Senior Services
As expanded under the increased funding of $10,000 for FY 22/23, senior services activities would include:
• Currently provide guided referrals to 100 seniors per quarter – increase to 125 per quarter (+ CDBG services means an estimated 131 seniors/quarter will be served) • Conduct outreach about Medi-Cal insurance expansion to newly eligible seniors (not in CDBG grant)
• Provide quarterly onsite activities at Calistoga mobile home parks/senior apartments (4 + 5 CDBG services means a total of 9 onsite social activities will be held over the year) • Coordinate a Senior Services Health Fair offering resources that promote well-being (not in CDBG grant)
CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:

This action is consistent with Goal 5: Offer excellent professional services to all customers.

CEQA STATUS:

Exempt
FINANCIAL IMPACT:

Funds are included in the adopted FY 2022-23 City budget (01-4107-4479). The contract amount is not to exceed $100,000 for the fiscal year.

ATTACHMENT(S):

Attach 1 - Draft Reso
Attach 2 - Consultant Services Agreement - UpValley
APPROVAL(S):

Gloria Leon, Administrative Services Director Approved - Jul 25 2022 Laura Snideman, City Manager Approved - Jul 26 2022
Marni Rittburg, City Clerk Approved - Jul 26 2022
Item #7.3.

Attachment 1
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 FOR THE UPVALLEY FAMILY CENTERS WHEREAS, the Calistoga City Council has placed great emphasis on the need to support and enhance services to foster family support and outreach services; and WHEREAS, the Calistoga City Council has, for a number of years, fiscally supported the activities of UpValley Family Centers for immigration-related support programs, senior services, community connections support services to immigrants, residents and members of the Calistoga community; and
WHEREAS, the Calistoga City Council wishes to enter into a one-year professional services agreement with UpValley Family Centers to formalize its relationship and to establish a set of specific tasks and services which will be provided to the City by the Upvalley Family Center; and
WHEREAS, funding will be appropriated for Fiscal Year 2022-2023.

NOW, THEREFORE BE IT RESOLVED that the Calistoga City Council hereby authorizes the City Manager to execute a one-year professional services agreement with UpValley Family Centers and further authorizes the payment of invoices for services rendered by UpValley Family Center in the amount of $100,000 (account 01-4107-4479).

PASSED, APPROVED AND ADOPTED this ___ day of _______, 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 #7.3.

- 1 -
OAK #4890-2776-3737v1 (Rev. 9/2021)

AGREEMENT FOR CONSULTANT SERVICES
This Agreement for Consultant Services (the "Agreement") is made and entered into this _____________ day of
_______________, ___, by and between THE CITY OF
CALISTOGA, a municipal corporation (hereinafter referred to as "CITY") and UpValley Family Centers [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 City desires to obtain multiple social
services addressing community health and wellness, senior services, and immigration in connection with the UpValley Family Centers;
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 Item #7.3.

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.

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
Item #7.3.

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 A, Compensation, attached hereto and incorporated herein. It is agreed that the compensation for the Services shall not exceed $100,000 in FY 2022/23.

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 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.

Item #7.3.

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
annually as specified in Exhibit A, Scope of Work.

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 Laura Snideman, its City 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 CONSULTANT. In the
event CITY wishes to make a change in CITY's
Item #7.3.

representative, CITY will notify CONSULTANT of the
change in writing.

4.2. CONSULTANT Contact. CONSULTANT designates
_____________ 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 Item #7.3.

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 nonowned 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 nonowned 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
Item #7.3.

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
• 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
Item #7.3.

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. 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 Item #7.3.

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]
ga.ca.us
Phone: 707-942-2806
If to CONSULTANT:
________________________________
________________________
________
________________________
________
Phone:
________________________
__
Facsimile:
_______________________
Email:
________________________
__
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.

Item #7.3.

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 material breach of this Agreement, and the CITY reserves all its rights and
remedies at law and equity concerning any such violations.

Item #7.3.

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 sub-subcontractor 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 Item #7.3.

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.

Item #7.3.

* * *
[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:

By: Date:

Attest
By:

Marni Rittburg, City Clerk
Approved As To Form
By:

Michelle Marchetta Kenyon, City Attorney
Item #7.3.

OAK #4823-2508-6159 v2

EXHIBIT A

SCOPE OF WORK
July 1, 2022 – June 30, 2022
UpValley Family Centers (UVFC) is proud to partner with the City of Calistoga to provide much needed services for the residents of our town.

Since 1999, UVFC has served as the primary trusted resource for vulnerable households in Calistoga, providing a one-stop-shop for access to the resources people need to survive, and thrive. We serve over 1,500 Calistoga residents of all ages every year, assisting households in weathering emergencies and building security through a broad scope of services – including referrals to health services and other resources, financial coaching, free tax preparation, education and mentorship opportunities, adult education and employment assistance, case management, disaster relief and emergency preparedness, and more.

City of Calistoga funds represent approximately 11% of our program budget will be leveraged together with other funds raised, to meet our total annual Calistoga program budget of $281,500. Below is the annual scope of work:
▪ Community Connections Program - $30,000 per fiscal year

1. UVFC will provide broad education and outreach to families with children to inform them of all of the services provided locally by UVFC and its partner agencies, and the City of Calistoga. Specific populations for targeted outreach include single parent families, kin caregiver families, seniors and monolingual Spanish speakers. Outreach will include
distribution of a monthly calendar through the schools, information on local television and radio stations, community presentations and personal phone calls. UVFC will participate in or coordinate at least 3 resource fairs annually in Calistoga.

2. The UVFC Community Liaison will provide guided referrals for 100 families each month for recreation services, housing resources, medical and dental services, prenatal care, Medi-Cal covered services, community resources, legal assistance, preschool and childcare opportunities, and other family supports.

The Community Liaison will meet with families individually to assess the need and refer to the appropriate resource.

3. UVFC will provide translation and/or application assistance for 100 families each month for rental and employment issues, health insurance – including Medi-Cal, food assistance, and housing/shelter programs. The Community Liaison will assist Item #7.3.

individuals to complete applications and to translate and explain documents.

Item #7.3.

Senior Services
UpValley Family Centers began working with seniors in 2011, when it was identified that no other local agency was providing social service supports to low-income seniors in Calistoga. According to the US Census, 25% of Calistoga’s 5,155 population is made up of seniors, and that percentage projected to grow as Baby Boomers retire. There is an increasing demand for senior services – and our goal is to help build and maintain a sustainable network of care and support resources for Calistoga seniors.

The family center is known by low-income seniors in our community as a place to seek assistance and get needed support. We have referral partnerships with over 20 senior-serving organizations and bring professional service providers such as lawyers and therapists to Calistoga to provide individualized services to our clients. We also coordinate informational workshops, support groups and resource fairs on a regular basis.

City of Calistoga funds represent approximately 14% of this program budget will be leveraged together with other funds raised, to meet the total annual Calistoga program budget of $210,000. Below is the annual scope of work:
▪ Senior Community Needs Program - $40,000 per fiscal year

1. Provide at least 125 seniors per quarter with individual support, making referrals, scheduling appointments and completing applications to maintain their health and quality of life. Services will include referrals and/or application assistance for Medi-Cal.

2. Coordinate services for seniors to be offered in Calistoga, including Bay Area Legal Aid, Mentis, HICAP, Department of Health and Human Services/Medicare, Area Agency on Aging, Napa County Adult Protective Services, and Collabria Care.

3. Offer special programs, at least once per quarter, that provide respite or information for seniors including support groups, educational workshops and resource fairs.

4. Provide quarterly onsite activities at Calistoga mobile home parks/senior apartments (4 + 5 CDBG services means a
total of 9 onsite social activities will be held over the year) Item #7.3.

5. Coordinate a Senior Services Health Fair offering resources that promote well-being (not in CDBG grant)
Immigration Services
The UpValley Family Centers began providing immigration services to the upvalley community in 2015. Since that time, there has been an ongoing continued demand for assistance with immigration related needs by Calistoga residents, due to various changes in the implementation of federal immigration laws.

Through support from the City of Calistoga, the family center will provide free immigration services to low-income Calistoga residents.

Services will include outreach, community education, individual consultations and application assistance to Calistoga residents on immigration-related matters. UpValley Family Centers is recognized by the US Department of Justice and has two partially-accredited representatives who are trained to assist with filing immigration applications with US Citizenship and Immigration Services. We are a member of the Napa County Citizenship Legal Services Collaborative and staff receive legal mentoring and support from Immigration Institute of the Bay Area, and refer complex cases out.

City of Calistoga funds represent approximately 21% of our program budget and will be leveraged together with other funds raised, to meet our total annual Calistoga program budget of $146,000. Below is the annual scope of work:
▪ Immigrant Integration Program - $30,000 per fiscal year

1. Reach a minimum of 100 Calistoga residents with up-to-date information about immigration benefits and changes in
immigration policy, in English and Spanish, through individual outreach or group workshops.

2. Provide 75 Calistoga residents with free legal
screening/consultations and application assistance for US citizenship, Deferred Action for Childhood Arrivals (DACA), green card renewals, and U-Visas.

3. Connect 30 Calistoga residents applying for citizenship to local, free citizenship classes or tutors.

Item #7.3.

4. Conduct ongoing community education, distributing
informational bulletins in English and Spanish throughout the community and via social media and the web.

Item #7.3.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Laura Snideman, City Manager
Meeting: City Council - Aug 02 2022
Subject: Community Enrichment Grants for Fiscal Year 2022-23 DESCRIPTION:

Consider adopting a Resolution awarding Fiscal Year 2022-23 Community Enrichment Grants and approving a budget adjustment.

RECOMMENDATION:

Consider Adopting Resolution
BACKGROUND/SUMMARY:

The City Council established objectives for the Fiscal Year 2022-23 Community Enrichment Grant (CEG) Program through the adoption of Resolution No. 2022-029 (Attachment 2) and established a review subcommittee consisting of Vice Mayor Irais Lopez-Ortega and Councilmember Gary Kraus.

The established objectives were used in evaluating the funding requests.

Staff notified the public of available Community Enrichment Grant applications to non-profit groups and received 10 requests seeking cash and in-kind funding in the amount of $61,365 for Fiscal Year 2022-23. The FY 2022-23 Budget includes cash contributions for CEGs up to $25,000.

The subcommittee met to evaluate the CEG requests against the objectives outlined in Resolution No. 2022-029 (Attachment 2). The subcommittee recognized the value of each of the requests and was confronted with funding requests beyond the available budget.

The subcommittee is recommending a budget adjustment to fund those applications that meet the current objectives. Accordingly, the subcommittee recommends the following for funding:

Applicant / Program Award Account No.
01-4107-
Boys & Girls Club/Kinder Program $5,000 4487
Brannan Center/Brannan Center Rehabilitation City fees up to $10,000 4560
Calistoga Art Center/Art Enrichment Scholarships $5,000 4482 Calistoga Lighted Tractor Parade / Chamber of
Commerce City fees up to $7,500 4447
Calistoga Rotary/Anti Slip Strips for Pioneer Park
Bridge $4,935 New
Calistoga Spay/Neuter Program/Wine Country
Animal Lovers $5,250 New
Item #9.1.

Calistoga Senior Community Programming / Rianda
House

1. $5,000 cash

2. Fee waivers
for all use of
city facilities

3. In-kind staff
coordination
time
4552
Soroptimist/Read Aloud Partners Program $1,680 New
St. Helena Preschool For All/Scholarships $2,000 New
UpValley Family Centers/Enrichment Programs $6,000 4479 Total: $52,365
CEQA STATUS:

This item is exempt.

FINANCIAL IMPACT:

The FY 2022-23 Budget contains $25,000 in funding for this program. A budget adjustment is required in the amount of $27,365. The total amount will be awarded in Community Enrichment Grants in the General Fund account 01-4107.

ATTACHMENT(S):

Reso - Community Enrichment Grants FY 22-23 (5)
2022-029 Establishing Objectives for 2022-23 Community Enrichment Grant Program & Appointing Subcommittee
APPROVAL(S):

Gloria Leon, Administrative Services Director Approved - Jul 07 2022 Laura Snideman, City Manager Approved - Jul 12 2022
Marni Rittburg, City Clerk Approved - Jul 12 2022
Item #9.1.

RESOLUTION NO. 2022-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA,

COUNTY OF NAPA, STATE OF CALIFORNIA, AWARDING COMMUNITY ENRICHMENT GRANTS FOR FISCAL YEAR 2022-23 AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $27,365
WHEREAS, community service and community serving programs have long been a tradition in Calistoga; and
WHEREAS, the City Council has supported such activity in the past; and WHEREAS, the City Council intends to provide financial support to activities which enrich the community; and
WHEREAS, City Council adopted the General Fund Operating Budget for Fiscal Year 2022-23 including up to $25,000 (Account No. 01-4107) for the Community Enrichment Grant Program; and
WHEREAS, a budget adjustment to the General Fund Operating Budget for Fiscal Year 2022-23 of $27,365 (Account No. 01-4107) is required; and WHEREAS, the City Council has adopted Resolution No. 2022-029 establishing the Community Enrichment Grant objectives which was used for the recommendation to award funding for Fiscal Year 2022-23; and WHEREAS, applications for grant funding through the Community Enrichment Grant Program have been received and reviewed by the City Council appointed subcommittee consisting of Vice Mayor Lopez-Ortega and Councilmember Kraus.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY approves the following grant awards for Fiscal Year 2022-23 and approves a budget adjustment in the amount of $27,365 to account 01-4107:

Applicant / Program Award
Account
No. 01-
4107-
Boys & Girls Club/Kinder Program $5,000 4487
Brannan Center/Brannan Center Rehabilitation City fees up to $10,000 4560 Calistoga Art Center/Art Enrichment Scholarships $5,000 4482 Calistoga Lighted Tractor Parade / Chamber of Commerce City fees up to $7,500 4447 Calistoga Rotary/Anti Slip Strips for Pioneer Park Bridge $4,935 New Calistoga Spay/Neuter Program/Wine Country Animal Lovers $5,250 New Calistoga Senior Community Programming / Rianda House 1. $5,000 cash

2. Fee waivers for
4552
Item #9.1.

all use of city
facilities

3. In-kind staff
coordination
time
Soroptimist/Read Aloud Partners Program $1,680 New
St. Helena Preschool For All/Scholarships $2,000 New
UpValley Family Centers/Enrichment Programs $6,000 4479 Total: $52,365
PASSED, APPROVED AND ADOPTED this 2
nd day of August 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 #9.1.

RESOLUTION NO. 2022-029

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF NAPA, STATE OF CALIFORNIA, ESTABLISHING OBJECTIVES FOR THE 2022-23 COMMUNITY ENRICHMENT GRANT PROGRAM UNDER ACCOUNT NUMBER 01-4107

AND CONFIRMING THE MAYOR'S APPOINTMENTS TO AN EVALUATION

SUBCOMMITTEE
WHEREAS, community service and community serving programs have long been a tradition in Calistoga; and
WHEREAS, the City Council has supported such activity in the past; and WHEREAS, the City Council intends to provide financial support to activities which enrich the Calistoga community; and
WHEREAS, the City Council has identified enrichment objectives for the award of grant funds; and
WHEREAS, the City Council has adopted a Community Enrichment Grant Program for the evaluation of requests from non-profit groups.

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 following objectives are established for grant funding:

1. The organization cannot have received money for the same purpose from other City sources for the current fiscal year.

2. The program must demonstrate how it will address a recognized need in the community.

3. The organization must have a non-profit status.

Section 2. Any funding must address at least one of the following benefits:

1. Provide services to the elder community.

2. Provide services to youth in the community.

3. Enhance the appearance of the community.

4. Expand services to members of the entire community.

5. Provide local environmental enhancements.

Section 3. Hereby confirms the Mayor's appointment of Vice Mayor Lopez-Ortega and Councilmember Kraus to an evaluation subcommittee with the City Manager, which shall evaluate grant requests from non-profit groups and recommend funding levels to the City Council.

Item #9.1.

Resolution No. 2022-029

PASSED, APPROVED AND ADOPTED this 19th day of April 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:

Councilmembers Gift, Kraus, and Williams, Vice Mayor Lopez-Ortega and Mayor Canning
None
None
None
Marni
~R~ Rittburg, CMC~
APP~h
Chris Canning, Mayor
Item #9.1.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Aug 02 2022
Subject: Grant Street Speed Cushion Pilot Study
DESCRIPTION:

Consider adopting a Resolution authorizing the public works director to purchase three speed cushions and hire W-Trans to perform a pilot study on the traffic calming effects pre & post installation on Grant St. between North Oak Street and Greenwood Avenue in an amount not to exceed $23,000.

RECOMMENDATION:

Consider adopting Resolution.

BACKGROUND/SUMMARY:

The Grant Street repaving project proposed between City limits and Centennial has been struggling to move forward due to community concerns about the project implementing effective traffic calming measures. Additionally, the Active Transportation Advisory Committee (ATAC) has been advocating for traffic calming measures to improve bike and pedestrian safety. There have been many discussions and coordination between staff and ATAC on the alternatives over the past year. The Public Works, Fire, Police, and Planning and Building Departments, along with the city’s traffic engineering consultant have been included in these discussions and recently come to support speed cushions as the potential solution.

Speed cushions are similar to speed bumps in that they slow vehicles by forcing drivers to traverse over a small bump in the road, but they allow emergency vehicles with wider axles to pass through traveling down the middle of the road, without having to slow down.

Pilot Study/Implementation
In order to evaluate the speed cushion effectiveness staff is recommending a pilot study. The pilot study will take place on Grant Street between North Oak Street and Garnett Creek Court. The pilot study will collect speed data for about a month prior to installing three speed cushions. After public works installs them additional speed data will be collected. W-Trans will prepare a summary report and if the cushions are determined to be effective, they will be left in place.

Other Agency Success
The City of American Canyon (CAC) recently implemented a speed cushion project and has received significant positive feedback according to their public works director based on their performance in slowing traffic in a high-speed location they were having challenges with.

The CAC has utilized speed cushions since 2019 when they initiated a pilot study. Most recently they installed cushions along Wetlands Edge Road that shares traffic similarities with Calistoga’s Grant Item #9.2.

Street. In a recent council meeting the CAC reported that with the addition of three speed cushions along Wetlands Edge Road they recorded a 54% overall reduction in the number of speeders going from 72% of vehicles speeding at greater than 25 MPH to just 18%.

Schedule & Noticing
The proposed schedule has speed data collection beginning in September 2022, the speed cushions installed in October, and the summary report in December. If council adopts the resolution to proceed, ATAC will work with city staff to notice residents within 500-feet of this section of Grant Street about the pilot study.

CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:

The recommended action conforms to 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.

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.

FINANCIAL IMPACT:

The total not to exceed amount for the project is $23,000 and includes a 15% contingency. The cost proposal by W-Trans totals $7,900 and the cost estimate for purchasing the speed cushions is $12,100. The FY22/23 account #01-5641-4915 has $45,000 available which more than the cost of this project.

ATTACHMENT(S):

Speed Cushion Reso Attach 1
Attachmnt 2_Proposal for the Grant Street Speed Cushion Project 7-19-22 (002) APPROVAL(S):

Derek Rayner, Public Works Director/City Engineer Approved - Jul 26 2022 Gloria Leon, Administrative Services Director Approved - Jul 26 2022 Laura Snideman, City Manager Approved - Jul 26 2022
Marni Rittburg, City Clerk Approved - Jul 26 2022
Item #9.2.

RESOLUTION NO. 2022-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA,

COUNTY OF NAPA, STATE OF CALIFORNIA, AUTHORIZING THE PUBLIC

WORKS DIRECTOR TO PURCHASE THREE SPEED CUSHIONS AND

HIRE W-TRANS TO PERFORM A PILOT STUDY ON THE TRAFFIC
CALMING EFFECTS PRE & POST INSTALLATION ON GRANT ST.

BETWEEN NORTH OAK STREET AND GREENWOOD AVENUE IN AN
AMOUNT NOT TO EXCEED $23,000
WHEREAS, the Grant Street repaving project proposed between City limits and Centennial has been struggling to move forward due to community concerns about the project implementing effective traffic calming measures.

WHEREAS, additionally, the Active Transportation Advisory Committee (ATAC) has been advocating for traffic calming measures to improve bike and pedestrian safety.

WHEREAS, the Public Works, Fire, Police, and Planning and Building Departments, along with the city’s traffic engineering consultant have discussed speed cushions as a solution and each department supports them as a possible solution; and WHEREAS, speed cushions are similar to speed bumps in that they slow vehicles by forcing drivers to traverse over a small bump in the road, but they allow emergency vehicles with wider axles to pass through traveling down the middle of the road without having to slow down; and
WHEREAS, in order to evaluate the effectiveness of speed cushions providing adequate traffic calming staff is recommending a pilot study on Grant Street between North Oak Street and Garnett Creek Court.

WHEREAS, the pilot study will collect speed data for about a month prior to installing three speed cushions and additional speed data after installation and summarized by the cities traffic engineering consultant W-Trans WHEREAS, if the speed cushions are determined to be effective, they will be left in place; and
WHEREAS, the City of American Canyon (CAC) recently implemented a speed cushion project and found them to be successful; and
WHEREAS, 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; and,
WHEREAS, public works staff will purchase and install the three sets of speed cushions along Grant Street between North Oak Street and Garnett Creek Court.; and ATTACHMENT 1 Item #9.2.

Resolution 2022-XXX

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY find the following:

1. Authorizes the Public Works Director to purchase and have staff install three speed cushions and hire W-Trans to study the effects of their installation on Grant St. between North Oak Street and Greenwood Avenue in an amount not to exceed $23,000.

PASSED, APPROVED AND ADOPTED this 2nd day of August 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 #9.2.

490 Mendocino Avenue, Suite 201 Santa Rosa, CA 95401 707.542.9500 w-trans.com SANTA ROSA • OAKLAND
July 19, 2022
Mr. Derek Rayner, PE
City of Calistoga
Public Works Department
414 Washington Street
Calistoga, CA 94515
Proposal for the Grant Street Speed Cushion Effectiveness Evaluation Dear Mr. Rayner;
W-Trans is pleased to provide this proposal to evaluate the effectiveness of speed cushions for calming traffic on Grant Street in the City of Calistoga. It is understood that the Calistoga Fire Department has recently approved use of speed cushions within the City and staff has identified Grant Street to be the first facility for the traffic calming device to be installed. The following scope of services is suggested based on our experience with other before and after studies for various traffic engineering devices.

Tasks

1. A kickoff call will be held with City staff to review the goals for the project and discuss potential locations for the speed cushion(s) to be installed.

2. A field visit of the study area and a brief speed survey will be conducted, which will be used to validate the larger speed survey dataset. Appropriate field notes and photos will be taken.

3. Average Daily Traffic (ADT) counts with speed data will be obtained for a period of one week on Grant Street at the location identified to document existing conditions. The data will be used to calculate various speed measurements such as the 85th percentile speed, the average speed, and the ten mile per hour (mph) pace.

4. Three speed cushions will be installed by the City with two different spacing distances. Once the devices have been in place for a period of two weeks to allow motorists time to assimilate to the new conditions, another round of ADT counts with speed measurements will be collected for a period of one week between each set of cushions (2 total). The 85th percentile speed, average speed, and ten-mph pace will be calculated to document “after” conditions and compared to conditions before installation of the speed cushions to determine the extent to which the speed cushions have “calmed” traffic. The speed calculations for the two spacings will be provided separately and compared.

5. A brief draft letter report summarizing the evaluation process and the findings of the study will be prepared and submitted to City staff for review and comment. A virtual meeting will be held with staff to discuss the findings.

6. Comments from staff will be addressed and final letter report submitted.

Exclusions – The scope of services includes only those items that are specifically identified above. Any additional services could be provided after receiving written authorization for the extra work.

Schedule and Budget
The schedule will be dependent on the City’s ability to install the speed cushions, though the entire process is envisioned to take between seven and ten weeks. These services will be conducted on a time and materials basis Item #9.2.

Mr. Derek Rayner Page 2 July 19, 2022
at the rates indicated on the enclosed Fee Schedule. Monthly invoices indicating the hours charged by W-Trans will be provided electronically unless a hard copy via mail is requested. The total estimated fee for this work is $7,900, which includes approximately $2,500 in data collection.

Please forward a Purchase Order (PO) for signature if you wish to initiate work. This proposal will remain a firm offer for 90 days from the date of this letter. Thank you for giving us the opportunity to propose on these services.

Sincerely,
Dalene J. Whitlock, PE, PTOE
Senior Principal
DJW/cn/CAL059.P1
Enclosure: 2022 Fee Schedule
Item #9.2.

490 Mendocino Avenue, Suite 201 SANTA ROSA, CA 95401 707.542.9500 414 13th Street, 5th Floor OAKLAND, CA 94612 510.444.2600 w-trans.com
Fee Schedule
2022 Staff Billing Rates
Position Billing Rate (per hour)
Senior Principal $290 – $335
Principal $225 – $275
Senior Engineer/Planner $180 – $210
Engineer/Planner $170 – $180
Associate Engineer/Planner $150 – $165
Assistant Engineer/Planner $120 – $140
Technician/Administrative $115 – $130
Intern $30 – $80
Field Technician $30 – $75
2022 Expense Charges
Item Charge
Mileage $0.64/mile*
Services and Expenses 10% surcharge
These rates are valid for work performed prior to December 31, 2022. Work performed after January 1, 2023, and any
subsequent year may be billed at the revised rates established for that year.
* Mileage charge will be based on the IRS Standard Mileage Rate (set at $0.585/mile effective January 1, 2022) plus 10 percent.

Item #9.2.

Marni Rittburg
From:

Sent:

To:

Cc:

Subject:

Carlotta Sainato <[email protected]>
Tuesday, August 2, 2022 11 :28 AM
Public Comment
Kara Vernor
City Council 8/2 Public Comment: Item 9.2
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.

Hello Mayor Canning and City Councilmembers,
On behalf of the Napa County Bicycle Coalition, I would like to express our support for the speed cushion pilot project on Grant Street, item 9.2 on tonight's City Council agenda.

The Bicycle Coalition has been supportive of this project since its beginnings in the Active Transportation Advisory Committee. We participated in conversations during Committee meetings around addressing speeding concerns on Grant Street early on and provided the committee and city staff with information on speed cushions in other jurisdictions, and we are excited to see this important project come to fruition.

Speed cushions provide the traffic-calming effect associated with similar treatments such as speed humps or tables, while addressing concerns from emergency response around impacts on response time. We commend the committee, city staff, and emergency response for their hard work and collaboration to move this project forward, which will help make Grant Street safer and more comfortable for all road users.

The Bicycle Coalition strongly supports the adoption of the resolution authorizing the pilot project, as the project will be an important step in reducing speeds on Grant Street and potentially expanding the City's toolbox for traffic-calming citywide. Thank you for your time.

Carlotta Sainato (she/her)
Program Manager, Napa County Bicycle Coalition
(707) 258-6317
www.napabike.org
~ Our membership is back - become an NCBC member today! • 1 Item #9.2.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Laura Snideman, City Manager
Meeting: City Council - Aug 02 2022
Subject: Location of City Council Meetings
DESCRIPTION:

Determine various criteria, safety measures, and other components related to in-person city council meetings
BACKGROUND/SUMMARY:

Staff will provide the most current status of the hybrid meeting IT project, State workplace rules, Covid staff impacts, Covid case rates, and other similar items in order to seek council decisions on a variety of factors related to the resumption of in-person city council meetings.

CEQA STATUS:

N/A
APPROVAL(S):

Gloria Leon, Administrative Services Director Approved - Jul 12 2022 Marni Rittburg, City Clerk Approved - Jul 12 2022
Item #9.3.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Laura Snideman, City Manager
Meeting: City Council - Aug 02 2022
Subject: City Council Civic Operating Agreements
DESCRIPTION:

Consider adopting a Resolution Rescinding Resolution 2021-075 and adopting City Council Civic Operating Agreements.

RECOMMENDATION:

Consider adopting Resolution
BACKGROUND/SUMMARY:

The City Council adopted Resolution 2021-075 on October 5, 2021, adopting agenda policies. City Councils in most communities have a broader set of agreements that often cover such practices in addition to many other topics ranging from how they wish to interact with each other to communications with staff and more.

Staff provided Council with a draft City Council Civic Operating Agreements during the May 18, 2022, Special Council Meeting. A facilitator was present during the meeting and gathered input from Council. Those changes have been incorporated into the attached document.

Once approved, the City Council Civic Operating Agreements will take effect immediately and guide all meetings of the City Council.

CEQA STATUS:

This item is exempt.

FINANCIAL IMPACT:

There is no fiscal impact associated with the recommended action.

ATTACHMENT(S):

Reso Adopting Council Civic Operating Agreements
Calistoga Final Civic Operating Agreements 7.10.2022
APPROVAL(S):

Gloria Leon, Administrative Services Director Approved - Jun 14 2022 Item #9.4.

Laura Snideman, City Manager Approved - Jul 12 2022
Marni Rittburg, City Clerk Approved - Jul 12 2022
Item #9.4.

RESOLUTION NO. 2022-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF NAPA, STATE OF CALIFORNIA, RESCINDING RESOLUTION 2021-075 AND

ADOPTING CITY COUNCIL CIVIC OPERATING AGREEMENTS
WHEREAS, it is necessary to provide for the orderly and efficient Conduct of meetings of the City Council; and
WHEREAS, it is desirable to ensure advance notice to all interested persons of matters to be considered by the City Council.

WHEREAS, periodic review will assist new members of the City Council to better understand their responsibility and role as a Council Member; and NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Calistoga hereby rescinds Resolution 2021-075;
NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Calistoga hereby adopts the City of Calistoga City Council Civic Operating Agreements attached hereto as Exhibit A.

PASSED, APPROVED AND ADOPTED this 2
nd day of August 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 #9.4.

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1 City of Calistoga

CITY COUNCIL CIVIC OPERATING AGREEMENTS
Section TABLE OF CONTENTS Page

1. AUTHORITY .............................................................................................................. 3

2. ROLE OF CITY COUNCIL ........................................................................................ 3

2.1 Responsibilities ................................................................................................... 3

2.2 Considerations .................................................................................................... 4

2.3 Fiscal Authority …................................................................................................ 4

2.4 Civility ................................................................................................................. 4

3. COUNCIL OFFICERS .............................................................................................. 4

3.1 Election of Council Officers ................................................................................ 4

3.2 Role of Mayor and Vice Mayor ........................................................................... 4

4. COUNCIL APPOINTMENTS ................................................................................... 5

4.1 City Manager and City Attorney ......................................................................... 5

4.2 Councilmember Appointments ........................................................................... 5

4.3 Ad Hoc Committees ........................................................................................... 5

5. MEETINGS .............................................................................................................. 6

5.1 Meeting Dates and Times .................................................................................. 6

5.2 Closed Sessions ................................................................................................ 6

5.3 Special Meetings ............................................................................................... 6

5.4 Quorum ............................................................................................................. 7

5.5 Teleconferencing .............................................................................................. 7

5.6 Adjournment ..................................................................................................... 7

5.7 Minutes of Proceedings .................................................................................... 7

5.8 Attendance ....................................................................................................... 7

5.9 Recording of Meetings ..................................................................................... 8

5.10 Avoiding Brown Act Violations ....................................................................... 8

6. AGENDA ............................................................................................................... 8

6.1 Order of Business ............................................................................................ 8

6.2 Preparation of the Agenda .............................................................................. 10

6.3 Agenda Materials ............................................................................................ 10

6.4 Agenda Posting ............................................................................................... 11

7. PUBLIC PARTICIPATION .................................................................................... 12

7.1 Safety and Order ............................................................................................. 12

7.2 Addressing the Council ................................................................................... 12

7.3 Conduct of Speakers ....................................................................................... 13

7.4 Written Communications ................................................................................. 13 Item #9.4.

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2 Section TABLE OF CONTENTS Page

8. PUBLIC HEARINGS ............................................................................................... 13

8.1 Ex-Parte Communications ................................................................................. 13

8.2 Procedures ........................................................................................................ 14

8.3 Absence During Public Hearing ........................................................................ 14

9. MEETING RULES OF CONDUCT ........................................................................... 15

9.1 Presiding Officer ................................................................................................ 15

9.2 Actions Limited to Posted Agenda .................................................................... 15

9.3 Continuance of an Item ..................................................................................... 15

9.4 Standards of Decorum ....................................................................................... 15

9.5 Debate ............................................................................................................... 16

10.ADMINISTRATIVE MATTERS ................................................................................ 18

10.1 Correspondence .............................................................................................. 18

10.2 Communications with the Public ..................................................................... 19

10.3 Relations with Staff ......................................................................................... 19

11.FAILURE TO OBSERVE CIVIC OPERATING AGREEMENTS ............................ 19

12.AMENDMENT OR SUSPENSION OF THESE CIVIC OPERATING
AGREEMENTS....................................................................................................... 20

12.1 Amendment of Operating Procedures............................................................. 20

12.2 Suspension of Operating Procedures ............................................................ 20 Item #9.4.

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3 1. AUTHORITY
The City Council has established these Civic Operating Agreements to provide for continuity of responsibility in the City Council’s decision-making process and to allow sufficient time and opportunity for full consideration and public discussion of important issues which the City Council must review and decide. Adopting Civic Operating Agreements that establish rules for matters such as the election of Council Officers (Mayor and Vice Mayor) and the manner of conducting City Council meetings facilitates these goals.

The following provisions will be in effect upon their adoption by the City Council and until such time as they are amended, or new provisions are adopted in the manner provided by these Civic Operating Agreements.

2. ROLE OF CITY COUNCIL
The City Council is the highest-level decision-making body for the City of Calistoga. In performing its duties, the Council represents all Calistoga citizens.

In executing its duties, the City Council examines a variety of considerations, such as the needs and desires of the community, financial, legal, health, environment, and safety impacts. The City Council welcomes new ideas and innovative approaches, as appropriate, and aims to provide frequent and clear communications and transparency on its activities and decision making. Furthermore, the members of the City Council treat each other, staff, and other parties with dignity and respect.

2.1 Responsibilities
The City Council’s responsibilities include following types of considerations:
a. Prior to making decisions, performs appropriate diligence in consideration of the topic; b. Communicates with residents as appropriate to receive comment from and provide information to residents.
c. Develops policies that guide the City Manager in her/his management of the City, taking into consideration the value of promoting efficiency and effectiveness in operations while maintaining a reasonable level of service;
d. Develops Calistoga’s annual goals for each calendar year, and monitors those annual and multi-year goals, reporting progress and achievement of those goals to the City at mid-year and year-end;
e. Reviews and revises as necessary, and approves the annual Operating and Capital Improvement Program budgets as prepared by the City Manager by July 1 of each calendar year;
f. Faithful application of Calistoga’s Approved General Plan and Municipal Code and enacts revisions to the General Plan and Municipal Code as needed; g. Reviews and approves/denies/revises Ordinances, Resolutions, community planning decisions and Minutes;
h. Recruits, hires, and/or terminates the City Manager as necessary, and conducts an annual City Manager performance review as set forth in Section 4.1; i. Recruits, hires, and/or terminates the City Attorney as necessary, and conducts an annual City Attorney performance review as set forth in Section 4.1; Item #9.4.

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4 2.2 Considerations
The Council considers any matter it deems relevant, material, and/or helpful in performing its duties, such as:
a. Consistency with the City Council’s annual and multi-year goals and priorities; b. Consistency with the Council’s projects as established at its annual workshop/budget process, subject to change by the full city council if new projects are proposed throughout the year;
c. Consistency with the Calistoga General Plan and Municipal Code and all applicable laws;
d. Comment provided by applicants, citizens, staff and other stakeholders on each issue; e. Availability of City funds if needed, and impact on the City’s financial health; f. Availability of required City resources, especially personnel; g. The City’s resilience and tolerance for risk, and the potential impacts of safety, environmental, commercial and operational activities.

2.3 Fiscal/Negotiating Authority
Only a quorum or more of the City Council, in a duly noticed meeting, may provide direction to the City Manager regarding budget, authorize expenditures, and approve agreements and contracts. No individual Councilmember, subcommittee or ad hoc committee shall have any authority to do any of the following on behalf of the City unless expressly granted that authority by the City Council:
a. expend (or authorize the expenditure of) funds, or
b. negotiate or approve the drafting or execution of agreements, contracts or Memorandums of Understanding.

2.4 Civility
City Councilmembers will conduct themselves in an appropriate, polite, respectful and civil manner when dealing with each other, staff and all parties. Except as otherwise set forth in these Civic Operating Agreements, City Council meetings will be governed by Rosenberg’s Rules of Order for the purpose of maintaining proper decorum and order during meetings.

3. COUNCIL OFFICERS

3.1 Election of Council Officers
The City Council is encouraged to rotate the office of Vice Mayor among the members of the Council according to their order of seniority of service on the City Council. In years when members of the City Council are to be elected to their seats during a general election, the City Council will attend to the election of a Vice Mayor for a one (1) year term at the first regular meeting after the certification of general election results has been received by the City and only after newly elected City Councilmembers have been installed. In years when no members of the City Council are to be elected, the City Council will consider the election of a Vice Mayor for a one (1) year term at the first regular meeting in December. An election of a Councilmember to fill a vacancy as Mayor or Vice Mayor occurring mid-term will be for the remaining portion of the one-year term for that office.

3.2 Role of Mayor and Vice Mayor
The Mayor will be recognized as the official head of the City for all ceremonial purposes. The Mayor presides over Council meetings and ensures sufficiently broad and in-depth communications on agenda items. The Vice Mayor will serve all functions of the Mayor when the Mayor is unable or unavailable to fulfill those functions.

Item #9.4.

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5 4. COUNCIL APPOINTMENTS

4.1 City Manager and City Attorney
The City Council shall appoint the City Manager in accordance with Calistoga Municipal Code Section 2.08.010 and approve the employment contract and any amendments. The City Council will evaluate the City Manager’s performance at least annually, and additionally as may be agreed upon by the City Council and the City Manager. As part of each evaluation, the City Council and City Manager will agree upon goals and objectives for the City Manager’s performance for the following one to two years. or as otherwise determined by the City Council and the City Manager.

The City Manager’s responsibilities are set forth in Calistoga Municipal Code Section 2.08.070, including without limitation:
a. managing the day-to-day operations of the City,
b. developing and presenting the annual budget,
c. executing the direction, goals and priorities adopted by and approved by the City Council,
d. has principal responsibility for all official communications from the City to the public, e. directs City staff in the performance of their duties, and f. other duties as assigned by the City Council during duly noticed meetings.

The City Council interacts with City staff only through the City Manager, unless otherwise authorized by the City Manager.

The City Council shall appoint and approve the contract for City Attorney Services and make any amendments and will review the City Attorney’s performance as needed. The Council and Councilmembers may interface with the City Attorney through the City Manager, and directly with the City Attorney on an as needed basis.

4.2 Councilmember Appointments
As soon as practicable following the annual reorganization meeting, the Mayor will announce the Mayor’s nominations of Councilmembers to represent the City on entities requiring a Council representative. The nominations will be noticed at a regular City Council meeting. At any time of the year, by a majority vote, the City Council may create additional commissions, committees, or other groups to advise the council after establishing the purview and desired outcome of the advisory body and identifying the necessary resources to support the newly created body.

4.3 Ad Hoc Committees
From time to time, the City Council may create Ad Hoc committees. These committees are temporary committees, generally 18 months or less, established by the Council to address a specific issue and bring a recommendation to the Council as a whole.

Ad Hoc committees generally automatically dissolve once the assigned project has been completed. Membership of an Ad Hoc committee is at the discretion of the Council and must contain less than a quorum of Councilmembers.

The Council will provide direction at the time of creation of Ad Hoc committees to identify the composition, scope of authority, duties, expected output, report-back schedule, term, staff liaison and budget (if any) of the Ad Hoc committee.

Item #9.4.

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6 Councilmembers may also want to discuss methods for Ad Hoc committees to report back to the City Council on their progress. No Ad Hoc committee will operate outside the original scope of authority granted at its creation, except upon a formal vote of approval by the City Council during a duly noticed meeting.

5. MEETINGS
The City Council is subject to the Ralph M. Brown Act Open Meetings Law (“Brown Act”) (Government Code Section 54950 et seq). All meetings of the City Council are open to the public, except for Closed Sessions which are authorized to be held in private under the Brown Act.

To the extent possible, Councilmembers will contact the City Manager with questions about Council meeting items after reviewing the Agenda Packet and at least 24 hours in advance of the meeting, so she/he can prepare appropriate responses.

5.1 Meeting Dates and Times

5.1.1 Dates
Regular meetings will be held on the 1st and 3rd Tuesdays of each month (unless canceled by majority vote of the City Council or due to a lack of items for consideration or a quorum, as determined by the Mayor and/or City Manager) or as set by calendar adopted by the City Council in January of each calendar year.

Special meetings or continued meetings may be called by the Mayor, City Manager. or a majority of the Council. If the meeting date should fall on a legal holiday, the Council may cancel the meeting or reschedule for an alternate date and time designated by the Council. All meetings of the City Council (except Closed Sessions) shall be open to the public.

5.1.2 Starting Time and Location
All Regular meetings will begin at 6:00 p.m. Meetings may be preceded or followed by Special meetings, including Closed Sessions.

5.1.3 Ending Time
Unless otherwise adjourned, all meetings of the City Council will automatically be adjourned at 9:00 p.m., except that a majority vote of the City Council may extend the automatic adjournment to 9:30 p.m. Adjournment of the meeting may be further postponed after 9:30 p.m. only by unanimous consent to adjourn not later than a specified time. More than one such unanimous postponement of adjournment may be adopted.

5.2 Closed Sessions
A Closed Session may be held before, during, or after any Regular or Special meeting for any purpose authorized by the Brown Act, and must be noticed at least twenty-four (24) hours in advance, also as authorized by the Brown Act. It is a violation of the Brown Act and the City Council’s Civic Operating Agreements to disclose information obtained or presented in anticipation of or during a Closed Session, which shall be confidential. Public comment will be received in open session prior to a closed session.

5.3 Special Meetings
Special meetings may be called by the Mayor, a majority of the Councilmembers, the City Manager or the City Attorney. The call for a Special meeting must specify the day, hour, and Item #9.4.

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7 place and the subject(s) to be considered. Twenty-four hours’ notice must be given prior to a Special meeting, and the agenda for the Special meeting must be made available to members of the public consistent with the requirements of the Brown Act. Only matters specified in the notice may be discussed at Special meetings. The public will be given an opportunity to address the Council before or during consideration of any matter described in the notice for the Special meeting.

5.4 Quorum
A quorum of Councilmembers must exist for the City Council to conduct business. Three (3) members of the Council shall constitute a quorum. In the event a quorum is not in attendance within 30 minutes after the time noticed for commencement of the meeting, no meeting will be held on the noticed date, and the noticed meeting will adjourn to the next Regular meeting or to a later set date, at a time and place declared by the City Clerk.

5.5 Teleconferencing
Teleconferencing during City Council meetings to conduct noticed agenda topics and to allow Councilmembers who wish to participate from a remote location will be permitted in accordance with the procedures set out in Government Code Section 54953(b), as amended.

The teleconferencing location will be placed on the agenda and noticed and posted at the site at least 72 hours in advance of said meeting. The public is welcome to attend and participate in the meeting at the site. The City may elect to follow modified teleconferencing procedures as authorized by existing state law which apply during a declared emergency, and based on future adopted state legislation. The public will be informed of all such modified teleconferencing procedures, and the duration the procedures remain in effect.

5.6 Adjournment
The Council may adjourn any Regular, Adjourned Regular, Special or Adjourned Special meeting to a time and place specified in the order of adjournment, and in accordance with Rosenberg’s Rules of Order. If all Councilmembers are absent from any Regular or Adjourned Regular meeting, the City Clerk may declare the meeting adjourned to a stated date, time and place. The City Clerk shall post a copy of the order or notice of adjournment at City offices and other places designated by the Council as required by law.

Whenever a Regular or Adjourned Regular meeting is adjourned as provided in this section, the resulting Adjourned Regular meeting is a Regular meeting for all purposes. When an Order of Adjournment of any meeting fails to state the hour at which the adjourned meeting will be held, it will be held at the hour specified for Regular meetings.

5.7 Minutes of Proceedings
Action minutes of all public proceedings of the City Council shall be recorded by the City Clerk and entered into City records as official meeting minutes following approval by the Council, and shall thereafter be kept, published, and or distributed in compliance with State law and applicable City policy.

5.8 Councilmember Attendance
Councilmembers are encouraged to inform the City Clerk when they are unable to attend an upcoming meeting.

Item #9.4.

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8 5.9 Recording of Meetings
All Regular meetings of the City Council will, to the extent feasible, be recorded by electronic recording device and streamed live during the meeting. The recording will be made by the City Clerk and retained in accordance with the City’s records retention schedule. The City Clerk will post the electronic recording of meetings, as available, on the City’s website.

The use of other recording, videotaping or television equipment by members of the audience is permitted from the back row of the Council Chambers or side aisles against each wall of the Council Chambers, as designated by City staff, in a manner so as not to obstruct the view of the presenters and/or members of the public in attendance, or create consistent noise or illumination that would constitute a persistent disruption of the proceedings. The City Council may further restrict or prohibit the recording of proceedings upon a finding by the Council that the recording cannot continue without noise, illumination, or obstruction of view that constitutes a persistent disruption of the proceedings.

5.10 Avoiding Brown Act Violations
Relating to Meeting Attendance
Members of the Council shall comply fully with the requirements of the Brown Act, including those in Government Code Section 54952.2 to avoid potential violations relating to attendance at meetings such as conferences; meetings conducted by City staff/consultants; meetings presented by organizations other than the City; and meetings of other legislative bodies.

6. AGENDA

6.1 Order of Business
The business for a Regular meeting will generally be shown on the Agenda in the following order and may be modified by either the Mayor or City Manager when circumstances warrant a one-time change:

6.1.1 Call to Order/Roll Call/Salute the Flag

6.1.2 Report from Closed Session (if any)

6.1.3 Public Comments and Suggestions
This item is intended to permit the public an opportunity to advise the Council of items of interest in the community. The Council will consider brief comments from the audience on items that are not listed on the Agenda. The Council cannot discuss details or vote on issues raised that are not agenda items. Any concerns may be referred to staff or placed on a future agenda (as set forth in Section in 6.1.12).

6.1.4 Adoption of Meeting Agenda
The Council, by majority vote, will adopt the Agenda as final before proceeding to the consideration of the first matter. Following adoption, Agenda items may not be added or removed, or their order changed unless by consent of three (3) or more of the members of the Council present at the time the Agenda was adopted as final. An Agenda item not considered or completed for lack of time will become an Agenda item at the following meeting unless the item is expressly continued to another time.

Item #9.4.

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9 6.1.5 City Manager’s Report
The City Manager will use this section of the Agenda to provide brief reports on activities undertaken in her/his official capacity since the last scheduled Council Meeting and other items of significant interest to the Calistoga community.

6.1.6 Proclamations/Presentations/Awards
These items include presentations by staff, community members, or organizations as well as recognition of individuals, groups and events of significance by proclamation, award or other action of the City Council. These items are placed on the agenda by the City Manager, and may be placed on the agenda at the direction of the Mayor and/or a quorum of the City Council, and in the manner described in Section 6.1.12 below.

The Mayor or City Manager have discretion regarding scheduling of presentations, proclamations and awards. Presentations are limited to five (5) minutes per topic, with an up to five (5) minute extension if requested in advance. Councilmembers may utilize up to an additional ten (10) minutes for questions. No single presentation, including questions will extend beyond a total of twenty (20) minutes. The City Clerk will be responsible for time management of presentations during the meeting.

6.1.7 Adoption of Consent Calendar
a. The Council may adopt a Consent Calendar as part of the regular meeting Agenda. A Consent Calendar consists of items of a non-controversial and/or routine nature submitted by the City Manager. The City Manager will propose specific action on each Consent Calendar item and her/his recommendation will become the action of the Council upon adoption of the Consent Calendar. Consent Calendar items are adopted in total and under one (1) motion by the Council and are not subject to individual debate and discussion.
b. Consideration of Consent Items Removed for Discussion Any member of the City Council may remove a Consent Agenda item therefrom for consideration and discussion by the Council. The removed item will be placed on the regular Agenda and recorded in the Minutes under “Consideration of Consent Items Removed for Discussion.”

6.1.8 Public Hearings
The Public Hearings section of the Agenda is for official public hearings required by law or for which a hearing would be in the public interest. See Section 8 for information about conducting a Public Hearing.

6.1.9 Ordinances, Resolutions and Requests for Action
Ordinances, Resolutions and Requests for Action subject to City Council approval usually will be placed in this section of the Agenda. Occasionally, Resolutions and the first reading of Ordinances are placed under Public Hearings. When this is the case, the Council will consider these matters where appropriate.

6.1.10 General Government
Items presented under this section may require direction from City Council for formal consideration of the items at a future City Council meeting. Items under this heading are not considered for action.

Item #9.4.

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10 6.1.11 Study Sessions
No formal action may be taken by the City Council concerning any study session agenda item other than to agree to, or to direct staff to, present the item on the regular agenda of a subsequent meeting. Any request for an agenda item which does not specifically include a description of the action of the item desired will be calendared as a study session item.

6.1.12 Council Requests and Ideas for Discussion/Process for Adding an Item to City Council Agenda
Any member of the City Council may request that a matter be placed on the agenda of the City Council by making a request to the City Manager or the City Council, indicating her/his desire to have that item placed on a future City Council agenda. The sponsoring Councilmember will briefly describe the subject sufficiently to inform the City Council and public of the nature of the request.

Should the Councilmember or City Manager seek the direction of the full city council, the City Council shall consider the request to place an item on a future agenda during a regular city council meeting. Staff reports shall not be prepared on Council member requested items until City Council discussion has occurred and direction to take up the matter has been provided by the City Council. No discussion of the subject or merits of the proposed agenda item may occur in connection with the request to add an item to the agenda, except to explain the general nature of the item. Future agenda items will be placed on an agenda as soon as reasonably feasible as determined by the City Manager in consultation with the Mayor.

Any member of the public may request during public comment or by prior correspondence with a Council Member, that the City Council consider an item on a future agenda. Any individual City Council member may then follow the procedures set forth above if the City Council desires to consider the request.

6.2 Preparation of the Agenda
The City Manager and City Clerk, in consultation with the Mayor as necessary, will prepare the City Council meeting Agenda, sequence of Agenda items and other procedural matters.

Except as set forth in Section 6.1.4, this provision does not empower a Mayor to add any item to the Agenda without complying with the process described in Section 6.1.12. Items proposed for inclusion on the Agenda by anyone other than the City Manager or the City Council pursuant to Section 6.1.12 must be submitted to the City Manager and City Clerk in writing eleven (11) days preceding the regular meeting for consideration.

6.3 Agenda Materials
A staff report will be prepared for each Agenda item except in unusual circumstances or unless otherwise directed by the City Council. Attached to the staff report will be documents received by or developed by staff that are pertinent to the staff report.

Members of the public and other interested parties (i.e., developers) may submit documents related to an Agenda item to the City Clerk. Such documents will be included in the Agenda materials if they are received in time for inclusion in the packet.

Item #9.4.

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11 Councilmembers will refrain from attempting to submit documents (or having relatives or other parties with potential and/or perceived conflicts of interest submit documents) to the City Clerk or City Manager for inclusion in the Agenda packet.

To facilitate the efficient progression of the City Council through the Agenda, and to maintain a clear distinction between Staff presentations and recommendations and individual Councilmember opinions, during the staff presentation of a staff report Councilmembers will not utilize the City’s technological infrastructure to broadcast or present materials on a display screen to either the City Council or the public except during the discussion period for an agenda item.

Late correspondence pertaining to an agenda item received after the Agenda packet has been distributed, but before 5:00 p.m. on Council meeting day, will be copied and presented to the Council and the public at the meeting, if practicable.

Councilmembers will refrain from circulating or causing to be circulated to more than one (1) other Councilmember any written or recorded information relating to any agenda item before that agenda item is publicly heard at a Council meeting, though such information may be distributed during the discussion period for such item.

The only exception to this rule is for communications received by a Councilmember from residents not serving on the City Council, which may be forwarded to the City Clerk (without amendment) for circulation to the rest of the City Council. For clarity, this prohibition also precludes City Councilmembers from drafting and submitting communications regarding an agenda item to the City Clerk or City Manager for inclusion in the Agenda packet for a meeting at which the Councilmember will be absent.

Copies of materials distributed by City staff and others at the meeting will be made available to members of the public as soon as practicable. Changes and additions to staff reports and correspondence received will be provided to Councilmembers before the meeting, when possible, and made available to the public at the meeting, when possible.

6.4 Agenda Posting
The City Clerk will post the Agenda and Agenda Materials seven (7) calendar days or five (5) business days in advance and no less than 72 hours before a Regular meeting, and at least 24 hours before a Special meeting in the following locations, which are freely accessible to members of the public: Calistoga City offices and Calistoga Library and posted on the City’s website. At the meeting, a public copy will be available for review.

The Agenda Packet will be delivered, no later than the Tuesday preceding each Regular meeting or no later than Wednesday following a Monday holiday, to the Mayor and other Councilmembers and made available to members of the public consistent with the requirements of the Brown Act. The Agenda shall specify the time and location of the meeting and contain a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session.

Item #9.4.

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12 7. PUBLIC PARTICIPATION

7.1 Safety and Order
When the City Council is in session, all persons present must preserve safety and order and should conduct themselves in a civil manner. Members of the public should sit in the audience seating area, unless addressing the Council or entering or leaving the Council Chambers, should not block the aisles with personal belongings, and should silence audible equipment when in the Council Chambers (including cellular telephones). Members of the public may not enter the open area directly in front of the dais or speak from the audience except when testifying on or participating in an Agenda item.

The audience will conduct themselves with civility and courtesy toward the Council, Staff and other members of the public, and refrain from conduct which is disruptive to the meeting through deed or comment. Disruptions include, although are not limited to, speaking without being recognized by the Presiding Officer, clapping, booing, cheering, jeering, interrupting a speaker with the floor, yelling, physically assaulting another person (or threatening to do so), inciting others to disruptive conduct, and blocking the audience or camera view of the proceedings.

Any person who disrupts the meeting will be called to order by the Presiding Officer. If disruptive conduct continues, the Presiding Officer may request 1) restraint and civil behavior from all members of the public; 2) a short break in the proceedings; or 3) if the member of the public continues to disrupt the proceedings, the removal of the disruptive person from Council Chambers by the Sergeant at Arms.

7.2 Addressing the Council
Only persons who have been recognized and granted permission by the Presiding Officer or a majority of the quorum may address the Council.

A person addressing the Council will be asked, but is not required, to complete a form (a speaker card to the City Clerk) providing her/his name and city of residence in writing as well as stating so orally for the record during their presentation. Each person addressing the Council will do so from the podium, speaking into the microphone for the record. When speaking from the podium on an Agenda item, members of the public will address only the Council, and not the audience or staff. A Councilmember, through and at the discretion of the Presiding Officer, may request staff to answer questions or address issues raised during public comment.

7.2.1 Public Comments
During the “Public Comments and Suggestions” portion of the meeting, any person may address the Council on an item not on the agenda. Public comment will be allowed during each item on the agenda.

7.2.2 Council Questions
Following the remarks of each speaker upon an agenda item, Councilmembers, through and at the discretion of the Presiding Officer, will have the opportunity to question the speaker. However, the Council will not comment or question a speaker about an item that is not on the Agenda.

Item #9.4.

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13 7.2.3 Limits
Public participants are encouraged to limit their comments to three (3) minutes. The Presiding Officer may impose strict time limits (including reduced time limits) on persons addressing the Council when appropriate and in the spirit of permitting all present an opportunity to address the Council. In the event a public participant desires to make a presentation which exceeds three (3) minutes, any such speaker must make a formal request in writing to the City Manager prior to the day of the City Council meeting at which the public participant desires to speak.

Whenever any group of persons wishes to address the Council on the same subject matter, the Mayor will have the right to request each such group or each faction of such group to choose a spokesperson to avoid unnecessary repetition. If any such group refuses to choose a spokesperson, the Mayor may limit the total time for public comment on any agenda item to assure that the Council can conclude posted agenda items.

The Presiding Officer will then determine at the time of the City Council meeting how much additional time will be allotted for such presentations and speakers, if any, depending upon the number of requests and number of persons desiring to speak at a meeting.

7.3 Conduct of Speakers
Statements by a member of the public will be related to the Agenda item at hand, except during the Public Comments and Suggestions segment of the meeting. No person will use loud, profane, threatening, or personally abusive language, or engage in any other disorderly conduct to disrupt, disturb, or otherwise impede the orderly conduct of any Council meeting.

Persons who violate this rule may be barred from attendance for the remainder of the Council meeting, provided that the Presiding Officer has notified the person to conduct herself/himself in a manner consistent with this provision, and warned the person that she/he will be removed if she/he continues to disrupt the Council meeting. If after notification and warning the person persists in disrupting the meeting the Presiding Officer will order the person to leave the Council meeting. If the person does not remove herself/himself, the Presiding Officer may request any law enforcement officer who is on duty at the meeting to remove that person from the Council Chamber.

7.4 Written Communications
The Council will consider any written communication submitted to the City Manager and/or Mayor at least 24 hours prior to the meeting. Correspondence received sufficiently in advance of a meeting, including communications relating to a specific matter on a Council agenda, will be handled as described in Section 6.3.

8. PUBLIC HEARINGS

8.1 Ex Parte Communications
When a Public Hearing is required for an Agenda item, the Presiding Officer will first ask Councilmembers to disclose on the record material communication (e.g., email, other written correspondence, conversations, and site visits) occurring outside the hearing that relate to the subject of the hearing. Councilmembers will identify with whom she/he had such communications and the general nature of the communication and if a site visit was conducted.

Item #9.4.

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14 8.2 Procedures
Presentations at public hearings will be in the following order:

8.2.1 Item announced by Presiding Officer and Presiding Officer requests regarding Ex Parte Communications.

8.2.2 Presiding Officer reviews order of procedure for public hearing.

8.2.3 Staff summarizes issue before City Council.

8.2.4 Council asks questions of staff for the purpose of eliciting information relevant or useful to the City Council’s determination of the item at hand.

8.2.5 Presiding Officer opens the Public Hearing
The purpose of this portion of the public hearing is to provide an opportunity for persons interested in the subject of the hearing to testify in support of or opposition to the matter being heard. The order of testimony will be as follows:
a) Applicant, and/or appellant, where appropriate, presents arguments in favor of application or appeal.
b) Statements from persons desiring to speak in support of or opposition to the application or appeal.
c) Applicant and/or appellant offers concluding remarks. d) Questions from the City Council to applicant and/or appellant, and questions from the Council (where appropriate) to the opponent(s) to the application or appeal.
e) Subject to the discretion of the Presiding Officer, the Councilmembers may ask questions of speakers for clarification during the public testimony portion and during deliberations.

8.2.6 Presiding Officer Closes Public Hearing
Following the public portion of the hearing, the Presiding Officer will declare the public portion of the meeting closed.

8.2.7 Council Deliberates
After the Presiding Officer has closed the public comment period of the meeting for that agenda item, the matter will be taken up by the City Council. Each Councilmember will be given an opportunity to speak to the subject. When the Council discussion is concluded, the Council will make its decision.

8.2.8 Council Action by Continuation or Decision
Council may, at this time, continue a matter to a specific future date to obtain additional information. Continuing a public hearing to a specific date does not require additional notice. When the Council discussion is concluded, the Council will make its decision and vote on the item making findings of fact as required by law.

8.3 Absence During a Public Hearing
A Councilmember otherwise qualified to vote may not vote on a matter if the Councilmember was absent from all or part of the public hearing on the matter, unless the Councilmember conducts the following actions, and announces the action for the record:
a. reviews the minutes and the staff report or listens to the audiotape of the entire portion of the hearing he/she missed, if the minutes are not available, and b. reviews all physical and written evidence introduced at the hearing before the meeting at which the decision is to be rendered.

Item #9.4.

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15 9. MEETING RULES OF CONDUCT

9.1 Presiding Officer
The Mayor, or Vice Mayor if the Mayor is absent or unavailable, will act as the Presiding Officer and will preside and call the meeting to order at the hour appointed. In the absence of the Mayor and Vice Mayor, the meeting will be called to order by the City Clerk and those Councilmembers present will proceed to elect a temporary Presiding Officer. The Presiding Officer may move, second, and debate from the Chair, and will not be deprived of any rights and privileges of a Councilmember. The Presiding Officer is responsible for maintaining order during the meeting and for facilitating efficient progression through the agenda by avoiding repetitive debate or the presentation of irrelevant matter.

9.2 Actions Limited to Posted Agenda
The City Council shall only act on an item appearing on the posted Agenda except when there is an emergency, there is a need for immediate action, or the item was posted for a prior meeting less than five (5) days before and was continued, as prescribed more fully in Government Code Section 54954.2.

9.3 Continuance of an Item
An Agenda item may be continued by the City Council by a majority vote.

9.4 Standards of Decorum
When an Agenda item is addressed, the Presiding Officer will first ask for a staff presentation. Next, the Presiding Officer will ask for clarifying questions from the Council of staff for the purpose of eliciting information relevant or useful to the City Council’s determination of the item at hand. After that, the Council will receive public comment. After public comment, the Presiding Officer will close the public comment portion and open the item for discussion by the Council.

The following additional standards of decorum will apply during every meeting:

9.4.1 Council
While the Council is in session, Councilmembers will preserve order and decorum, and a member will neither (by conversation or otherwise) delay or interrupt the proceedings or the peace of the Council, nor disturb a member while speaking, or refuse to obey the orders of the Presiding Officer.

9.4.2 Use of Electronic Devices
While the Council is in session, to satisfy due process requirements, Councilmembers will give their full attention to the proceedings. Councilmembers are permitted to use laptop computers and other electronic devices such as iPads while Council is in session. However, electronic devices may not be used while Council is in session to access the internet or to communicate with residents, staff or other Councilmembers regarding any item on the agenda for that meeting.

Item #9.4.

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16 9.5 Debate

9.5.1 Right to the Floor
Every Councilmember desiring to speak on an agenda item will refrain from doing so until he/she gains recognition by the Presiding Officer and is given the floor, at which time he/she will confine himself/herself to the question under debate. The Presiding Officer will have the discretion, unless overruled by a majority vote of the City Council present at the meeting, to terminate a Councilmember’s right to the floor upon the Presiding Officer’s determination that doing so is reasonably necessary to enforce the Civic Operating Agreements set forth herein.

9.5.2 Interruptions
A Councilmember, once recognized, will not be interrupted when speaking except to be called to order by the Presiding Officer, unless a point of order has been raised by another Councilmember or unless the speaker chooses to yield to a question by another Councilmember. If a Councilmember, while speaking, is called to order, the Councilmember will cease speaking until the question of order is determined. If determined to be in order, the Councilmember will be permitted to proceed.

9.5.3 Points of Order
The Presiding Officer will determine all points of order subject to the right of any Councilmember to appeal to the Council. If an appeal is taken, the question will be, “Will the decision of the Presiding Officer be sustained?” A majority vote of the Council conclusively determines the question of order.

9.5.4 Result of a Vote
The Presiding Officer will announce the result of the vote. A roll call vote will be taken upon the request of any Councilmember or as legally required. No action shall be taken by secret ballot.

9.5.5 Appeals
Any ruling of the Presiding Officer may be appealed at the request of a Councilmember. The Presiding Officer will call for a roll call vote to determine if the ruling is upheld.

9.5.6 Precedence of Motions
When a motion is before the Council, no other motion will be entertained except:
a) Motion to Amend
A motion to amend, which modifies the original motion, is in order but is debatable only if it has been accepted by both the maker and seconder of the motion. Amendments are voted on first, and the main motion vote is last. A motion may be amended more than once with each amendment being voted on separately. There will only be one (1) amending motion on the floor at any one time.
b) Substitute Motions
A substitute motion is for the purpose of taking out the main motion altogether and replacing it with a new and different motion. A substitute motion must be voted on before an amendment of the main motion. If Item #9.4.

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17 the substitute motion is adopted the main motion dies and so does any amendment of the main motion.
c) Motion to Postpone
A motion to postpone to a definite time is subject to debate and amendment as it relates to propriety of the postponement and time set.

A motion to postpone a public hearing must set a definite date for the hearing. If a motion to postpone indefinitely is adopted, the Agenda item will be carried forward by the City Clerk.
d) Motion to Table
A motion to table is not debatable and not subject to amendment. The purpose of a motion to table is to suspend the item for an indefinite time. If the agenda has been adopted, the motion to table should include a motion to amend the meeting agenda. If a motion to table passes, consideration of the matter during the same meeting may be resumed only upon the motion of a member voting with the majority on the motion to table.
e) Motion to Close Debate
When a motion to close debate is made and seconded, there will be no further debate except on whether to close debate. If the question carries, the Presiding Officer will put pending amendments to a vote without debate in the inverse order of their introduction before putting the main question. If the question is decided negatively, the main question and its amendments remain before the Council.

9.5.7 Motions Not Subject to Debate
All motions are debatable except for the following, which will be put to an immediate vote:
a) Motion to adjourn, which requires a simple majority. b) Motion to recess, which requires a simple majority.
c) Motion to table, which requires a simple majority.
d) Motion to limit debate (“I move the question” or “I move to limit debate of this item to __ minutes”).

9.5.8 Reconsideration
Providing that no intervening rights will be prejudiced, a Councilmember who voted with the majority on that question may move the reconsideration of that question at the same meeting in which the original decision was made or at the next following meeting. After a motion for reconsideration is acted upon, no other similar motion regarding the same matter at the same meeting may succeed without unanimous consent.

9.5.9 Conflict of Interest and Bias
A conflict of interest or even the appearance of a conflict of interest can diminish the public’s confidence in the integrity of the governmental process. Therefore, a Councilmember who has a conflict of interest under the Political Reform Act or Government Code §1090 et seq., may not participate in the Agenda item causing the conflict, unless an exception to the conflict exists which allows participation.

Councilmembers should contact the City Attorney for advice if a potential conflict of interest may exist, or if there is a question as to whether their participation in a particular agenda item is appropriate.

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18 9.5.10 Protests
Following the success of a motion carried by the majority of the City Council, a dissenting Councilmember will have the right to enter into the public record any additional reasons for dissent or protests the motion which the Councilmember was precluded from articulating during debate on the motion. The Presiding Officer has the discretion to limit a Councilmember’s entry into the public record of reasons for dissent or protests any motion carried by the majority when reasonably necessary to facilitate the efficient progression through the Agenda by avoiding unnecessarily cumulative or repetitive statements or the presentation of irrelevant matter.

9.5.11 Voting
At least three (3) affirmative votes are required to enact an Ordinance, adopt a Resolution, approve a motion granting a franchise or authorizing the payment or expenditure of money or incurring of a debt, amend these Civic Operating Agreements, or place a new matter on a future agenda. The majority of the quorum present at a meeting is required to adopt other motions, except as otherwise indicated herein. A "majority" refers to a majority of the quorum present.

Every Ordinance will be adopted by a roll call vote. All other matters may be referred to a voice vote unless a roll call is requested by a member of the Council or is required by law. On all matters for which a voice vote is authorized, the Presiding Officer may ask for "all those in favor?", or words of similar import. The Presiding Officer will then request for “all those opposed?" The Presiding Officer will report out the results of the vote, and the name of those Councilmembers who opposed the item. If a Councilmember objects to the procedure, a roll call vote will be called in the normal manner and the ayes and noes recorded in the minutes.

9.5.12 Division of the Question
If a matter properly put before the Council contains two (2) or more separable propositions, any Councilmember may, with the consent of one other member of the Council, divide the question into its separable parts for consideration. Separable propositions will mean two separate questions or issues which if acted on together might create ambiguity as to the effect of the vote, and which if acted on separately, contain two or more separate issues or questions.

10. ADMINISTRATIVE MATTERS

10.1 Correspondence

10.1.1 Electronic Correspondence
Councilmembers will use accounts issued to them by the City for all email correspondence regarding City business. Councilmembers will not use accounts issued to them by the City for personal correspondence. Councilmembers may elect to forward (without editorialization) copies of emails they receive from non-Councilmember residents to the City Clerk, who will include such emails in the staff reports for relevant Agenda items as set forth in Section 6.3.

10.1.2 Other Correspondence
Written correspondence received by a Councilmember at the City offices by postal service, personal delivery, and messenger service will be opened by staff and handled consistent with the City of Calistoga Records Retention Program, which may require the Item #9.4.

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19 City to retain a copy. Councilmembers may elect to forward copies of written correspondence they receive to the City Clerk, who will include such correspondence in the staff reports for relevant Agenda items.

10.2 Communications with the Public
The Mayor is the primary spokesperson for the City and City Council. When the Mayor is unavailable, the City Manager and/or the Vice Mayor assume spokesperson duties.

Councilmembers will be clear in their communications with members of the public and the media when the opinions and positions they convey are their own individual positions and must clearly state whether they have been authorized by the Mayor or Council to speak for the Council on any topic of discussion. Councilmembers may wish to utilize a statement such as “This (article, letter) represents my personal opinion and does not reflect the position or policy of the City of Calistoga or the City Council of Calistoga.” In addition to the above, the City Council recognizes that there are inherent risks associated with the wide dissemination of information posted on social media platforms (e.g., Facebook, Nextdoor, and Twitter, etc...) and that Councilmembers have no ability to ensure their posts on social media platforms are understood by everyone in the way they were originally intended to be understood. Given these dangers, Councilmembers are encouraged to limit their posts on social media platforms regarding issues that may come before the City Council to providing relevant logistics or factual information pertaining to such issues.

10.3 Relations with Staff
As required by MMC 2.08.080, Councilmembers of the City Council shall deal with employees of the City only through the City Manager, except otherwise permitted by the City Manager.

The City Manager shall take her/his orders and instructions from the Council as a body only when the Council is sitting in a duly convened meeting, and no individual Councilmember shall give any orders or instructions to the City Manager outside of a City Council meeting, without approval of the City Council. Neither the Council as a whole, nor an individual Councilmember, shall give orders or instructions to subordinates of the City Manager.

11. FAILURE TO OBSERVE CIVIC OPERATING AGREEMENTS
These Civic Operating Agreements govern the conduct of City Councilmembers and the conduct of meetings. These Civic Operating Agreements are intended to expedite the transaction of the business of the City Council and are deemed to be procedural only. Failure to strictly observe these Civic Operating Agreements will not affect the jurisdiction of the City Council or invalidate any action taken at a meeting that otherwise conforms to law.

The Chief of Police or such member or members of the Police Department as he or she may designate, will be Sergeant-At-Arms of the City Council and will carry out all orders given by the Presiding Officer through the City Manager for the purpose of maintaining order at City Council meetings. Any Councilmember may move to require the Presiding Officer to enforce the rules, and the affirmative vote of a majority of the City Council will require him or her to do so.

Item #9.4.

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20 12. AMENDMENT OR SUSPENSION OF THESE CIVIC OPERATING AGREEMENTS

12.1 Amendment of Civic Operating Agreements
These Civic Operating Agreements may be amended by an affirmative vote of at least three (3) City Councilmembers except as follows:

Where a provision of these Civic Operating Agreements requires action by a specific affirmative vote which is greater than three (3) City Councilmembers, then an amendment to that provision requires the same vote required for that provision.

12.2 Suspension of Civic Operating Agreements
Any provision of these Civic Operating Agreements not required by State law, or the Calistoga Municipal Code may be suspended by a vote of at least three (3) City Councilmembers. # # #
Item #9.4.