Calistoga City Council
August 16, 2022

Mayor
Chris Canning
Vice Mayor
Irais Lopez-Ortega
Councilmembers
Lisa M. Gift
Gary Kraus
Donald Williams
AGENDA
City Council - Regular Meeting
Tuesday, August 16, 2022 - 6:00 PM
Virtual

* COVID-19 NOTICE *

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

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

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

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

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

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

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

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

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

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

Page

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

2. ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS This time is set aside to receive comments from the public regarding matters on the Consent Calendar or matters of municipal concern not on the agenda.

Pursuant to Government Code section 54954.3 (the Brown Act), however, the Council cannot consider any issues or take action on any requests during this comment period. Speakers are encouraged to limit their comments to 3 minutes maximum so that all speakers have an opportunity to address the City Council.

2.1. Non-Agenda Public Comment - Redacted 5

3. ADOPTION OF MEETING AGENDA

4. CITY MANAGER’S REPORT

5. PROCLAMATIONS/PRESENTATIONS/ AWARDS

5.1. Updating the City Council on the Capital Improvement Program Schedule Tracking for FY22/23
Recommended Action: No action by the City Council necessary, just receive the presentation.

Staff Report - CIP Update - Pdf
Attachment 1 - Presentation
6 - 14

6. CONSENT CALENDAR

6.1. Approve the Minutes of the May 3, 2022 City Council Regular Meeting as submitted.

Recommended Action: Approve Minutes
Staff Report & Minutes
15 - 20

6.2. Reinstate Part-time Parking Officers program, change job title to Part-time Police Technicians, and increase program hours to 40 hours per week from 20 hours with funding sufficient to operate the program year-round.

Recommended Action: Consider adopting Resolution
Staff Report - Part-time Police Technician - Pdf
21 - 26

6.3. Consider adopting a Resolution that:

1. Authorizes the City Manager to execute a purchase order with Able Fence Company Inc., to purchase and construct a six-foot-high chain link fence with vinyl slates in an amount not to exceed $65,000.

2. Approves the Project construction budget in the amount of the base bid of $59,750, and a 10% contingency for unforeseen conditions and authorizes the Public Works Director to negotiate and approve contract change orders up to the approved construction budget amount of $65,000.

Recommended Action: Consider adopting Resolution.
27 - 33

Staff Report - Authorizing a Purchase Order for Able Fence Company - PDF

6.4. Receipt of the Napa County Grand Jury 2021-2022 Final Report on the Napa County Climate Action Committee and Authorization for a City of Calistoga Response.

Recommended Action: Receive report and authorize the response letter by motion.

Staff Report - Napa County Grand Jury 2021-2022 Final Report on the Napa County Climate Action Committee and Authorization - Pdf 34 - 45

6.5. Consider affirming Resolution 2021-071 findings related to the state of emergency due to COVID-19 authorizing the City Manager to continue implementing teleconference accessibility to conduct public meetings pursuant to Assembly Bill 361.

Recommended Action: Staff recommends the City Council affirm Resolution 2021-071 findings in accordance with the provisions and findings of AB 361 to continue virtual/teleconference meetings of the City Council and City Boards, Commissions, and Committees after September 30, 2021.

Staff Report - Affirm Resolution No. 2021-071 Allowing Teleconferenced Public Meetings Pursuant to Assembly Bill 361 - Pdf
46 - 51

7. GENERAL GOVERNMENT

7.1. Consider adopting a Resolution adopting the revised Shut Off Policy for the City of Calistoga.

Recommended Action: Consider adopting Resolution.

Staff Report - Adoption of Revised Shut Off Policy for Nonpayment of Municipal Utility Services - Pdf
52 - 61

7.2. 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
62 - 67

7.3. 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 68 - 90

7.4. Consider adopting a Resolution confirming the appointment of ________________ as voting delegate and __________ as alternate voting delegate to vote at the League of California Cities Annual Business Meeting to be held on Friday, September 9, 2022.

Recommended Action: Consider adopting Resolution.

Staff Report - Designation of Voting Delegates for the 2022 League of California Cities Annual Business Meeting - Pdf
91 - 98

8. COUNCIL REQUESTS AND IDEAS FOR DISCUSSION

9. ADJOURNMENT
NOTICE: If you challenge a city’s zoning, planning, or other decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Judicial review of any City administrative decision may be had only if a petition is filed with the court not later than the 90th day following the date upon which the decision becomes final. Judicial review of environmental determinations may be subject to a shorter time period for Litigation, in certain cases 30 days following the date of final decision.

Pursuant to GC §54957.5 any writings/documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection on the City website at www.ci.calistoga.ca.us.

AMERICANS WITH DISABILITIES ACT: The City can provide special assistance for persons with disabilities to participate in public meetings. To make a request for disability-related modification or accommodation please contact the City Clerk at [email protected] or (707) 942-2807. If you need assistance or accommodation, please provide notice at least 48 hours prior to the meeting. For TTY/ Speech-to-Speech users, dial 7-1-1 for the California Relay Service, offering free text-to-speech, 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 August 9, 2022, by 4:30 p.m.

Marni Rittburg
From:

Sent:

To:

Subject
todd bamford
Monday, August 8, 2022 7:04 PM
Public Comment; Chris Canning; Laura Snideman; [email protected]; [email protected]; [email protected]; [email protected]
Save the Calistoga raceway
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 t he 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.

Kind regards
Todd Bamford
Sonoma Ca
1 Item #2.1.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Aug 16 2022
Subject: CIP Update
DESCRIPTION:

Updating the City Council on the Capital Improvement Program Schedule Tracking for FY22/23 RECOMMENDATION:

No action by the City Council necessary, just receive the presentation.

BACKGROUND/SUMMARY:

Staff has prepared an update to the CIP schedule (see enclosed) and uploaded onto the City Website.

The intent is to inform the council and public of the status of each project and show the CIP being accomplished.

CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:

Goal #3
CEQA STATUS:

The presentation is exempt from CEQA
FINANCIAL IMPACT:

None
APPROVAL(S):

Gloria Leon, Administrative Services Director Approved - Aug 03 2022 Laura Snideman, City Manager Approved - Aug 04 2022
Marni Rittburg, City Clerk Approved - Aug 04 2022
Item #5.1.

1 Item #5.1.

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Item #5.1.

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7 Item #5.1.

8 Item #5.1.

CITY OF CALISTOGA
STAFF
REPORT
TO: Honorable Mayor and City Council
FROM: Marni Rittburg, City Clerk
DATE: August 8, 2022
SUBJECT: Approving Minutes of the May 3, 2022, Regular City Council Meeting Approved by:

Laura Snideman, City Manager
DESCRIPTION:

Consider approving the Minutes of the May 3, 2022, Regular City Council Meeting.

RECOMMENDATION:

Approve the minutes as submitted.

ATTACHMENTS:

May 3, 2022, Regular City Council Meeting Minutes
Item #6.1.

DRAFT MINUTES

CALISTOGA CITY COUNCIL

REGULAR MEETING
Tuesday, May 3, 2022 - 6:00 P.M.

Virtual Meeting

1. CALL TO ORDER - ROLL CALL - SALUTE TO THE FLAG
Mayor Canning, called the regular session to order at 6:01 p.m.

Present: Councilmembers Lisa Gift, Gary Kraus, and Donald Williams; Vice Mayor lrais Lopez-Ortega, and Mayor Chris Canning

Absent: None

2. REPORT FROM CLOSED SESSION
Closed Session was not held.

3. ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS Oral communication was received. For oral communication and public comment content, for any item on the agenda, view the video of the meeting available on the City's You Tube channel at https://www.youtube.com/user/CityofCalistoga or visit the City's Website at:
https://calistoga.civicweb.neUPortal/Meetinglnformation.aspx?Org=Cal&ld=258

4. ADOPTION OF MEETING AGENDA
Motion by Councilmember Williams and seconded by Councilmember Gift and passed by the following roll call vote to adopt the meeting agenda as presented.

AYES:

NOES:

ABSTAIN:

ABSENT:

Councilmembers Kraus, Williams and Gift, Vice Mayor Lopez- Ortega and Mayor Canning
None
None
None

5. CITY MANAGER'S REPORT
City Manager Laura Snideman did not have a report.

6. PROCLAMATIONS/PRESENTATIONS/AWARDS

6.1 Updating the City Council on 2021 Pavement Management Program. Senior Civil Engineer Hamid Heidary presented with Consultant Paul Wigowsky.

Recommended Action: No action by the City Council necessary, receive the presentation.

Item #6.1.

Calistoga City Council Minutes
May 3, 2022

6.2 Mayor Canning presented a Proclamation proclaiming May 20th is "Bike to Wherever Day" and recognizing May is National Bike Month.

6.3 Mayor Canning presented a Proclamation recognizing May 1 - 7, 2022, as 53rd Annual Professional Municipal Clerks Week.

7. CONSENT CALENDAR
Councilmember Gift announced that she will be abstaining from voting on Item 7.2 (Resolution approving a Final Map to create six residential condominiums and a common area parcel on a single lot at 1448 N Oak Street) due to a proximity issue.

Councilmember Kraus announced the he will be abstaining from voting on Item 7.3 (Resolution directing the City Engineer to prepare and file a report for the Silverado Place Subdivision Landscape Maintenance District in accordance with Article 4 of Chapter 1 of the Streets and Highways Code) due to a proximity issue and Item 7.4 (Resolution directing the City Engineer to prepare and file a report for the Palisades Subdivision Landscape Maintenance District in accordance with Article 4 of Chapter 1 of the Streets and Highways Code) due to a proximity issue.

Public comment was not received. Motion by Councilmember Williams, second by Vice Mayor Lopez-Ortega with the abstention of Councilmember Gift on Item 7.2 and Councilmember Kraus on Items 7.3 and 7.4 and passed by the following roll call vote, Council approved all Consent Calendar items:

AYES:

NOES:

ABSTAIN:

ABSENT:

Councilmembers Kraus, Williams and Gift, Vice Mayor LopezOrtega and Mayor Canning None
None
None

7.1 Approve the Minutes of the March 15, 2022, City Council Regular Meeting as submitted.

Recommended Action: Approve Minutes.

7.2 Consider adopting a Resolution approving a Final Map to create six residential condominiums and a common area parcel on a single lot at 1448 N Oak Street (APN 011-160-017).

Recommended Action: Adopt the Resolution.

Councilmember Gift abstained from voting on this item due to a proximity issue.

AYES:

NOES:

ABSTAIN:

ABSENT:

Councilmembers Kraus and Williams, Vice Mayor Lopez- Ortega and Mayor Canning
None
Councilmember Gift
None
Item #6.1.

Calistoga City Council Minutes
May 3, 2022

7.3 Consideration of a Resolution directing the City Engineer to prepare and file a report for the Silverado Place Subdivision Landscape Maintenance District in accordance with Article 4 of Chapter 1 of the Streets and Highways Code.

Recommended Action: Consider Adopting Resolution.

Councilmember Kraus abstained from voting on this item due to a proximity issue.

AYES:

NOES:

ABSTAIN:

ABSENT:

Councilmembers Williams and Gift, Vice Mayor Lopez- Ortega and Mayor Canning
None
Councilmember Kraus
None

7.4 Consideration of a Resolution directing the City Engineer to prepare and file a report for the Palisades Subdivision Landscape Maintenance District in accordance with Article 4 of Chapter 1 of the Streets and Highways Code.

Recommended Action: Consider Adopting Resolution.

Councilmember Kraus abstained from voting on this item due to a proximity issue.

AYES:

NOES:

ABSTAIN:

ABSENT:

Councilmembers Williams and Gift, Vice Mayor Lopez- Ortega and Mayor Canning
None
Councilmember Kraus
None

8. PUBLIC HEARING

8.1 Consideration to vacate a portion of Gold Street between Myrtle Street and Foothill Boulevard located at APN 011-192-003 as requested by the owner. This item would also clean up city records regarding the intended purpose of the subject property.

Recommended Action: 1) Adopt a resolution vacating the subject rights-of-way, and 2) direct the City Clerk to cause a certified copy of the resolution to be recorded in the Office of the County Recorder.

Mayor Canning and Councilmember Williams recused themselves due to a proximity issue and left the meeting at 6:35 p.m.

Planning and Building Director Jeff Mitchem presented the item and a PowerPoint presentation. Council and staff discussion ensued.

Vice Mayor Lopez-Ortega opened the Public Hearing at 6:40 p.m., Vice Mayor LopezOrtega Closed the Public Hearing at 6:41 p.m. Public comment was not received.

Motion by Councilmember Gift second by Vice Mayor Lopez-Ortega and passed by the following roll call vote, Council adopted Resolution 2022-033 Vacating a Portion of Gold Street Right-Of-Way (SV 2021-1 ):

Item #6.1.

Calistoga City Council Minutes
May 3, 2022

AYES:

NOES:

ABSTAIN:

ABSENT:

RECUSED:

Councilmembers Kraus and Gift, and Vice Mayor Lopez-Ortega None
None
None
Councilmember Williams and Mayor Canning
Mayor Canning and Councilmember Williams rejoined the meeting at 6:42 p.m.

9. GENERAL GOVERNMENT

9.1 Review the proposed Economic Diversity Application and suggest edits if necessary.

Recommended Action: Review the application
Councilmember Williams presented the item. Councilmember Williams recommended the applications be submitted to the City Clerk and the City Clerk would then send to the subcommittee. Council and staff discussion ensued.

Public comment was not received. Council reviewed the proposed application and Council consensus was that the business must operate within Calistoga city limits and have a business license.

9.2 Consideration of dates for City Council Annual Workshop Study Session(s).

Recommended Action: By motion, set date, time, and format (virtual or in-person) for one or more City Council Annual Workshop Study Session(s).

City Manager Laura Snideman presented the item and recommended two half days of in-person budget workshops on Wednesday, May 18, 2022, at 9 a.m. and Tuesday, May 24, 2022, at 1 p.m. City Manager Laura Snideman stated that staff will be looking for a large meeting space to hold these meetings to allow for social distancing.

Council and staff discussion ensued.

Public comment was not received. Motion by Mayor Canning, second by Councilmember Kraus and passed by the following roll call vote, Council set the following two dates for budget workshops, Wednesday, May 18, 2022, starting at 9 a.m. and ending at Noon and Tuesday, May 24, 2022, starting at 1 p.m.

AYES:

NOES:

ABSTAIN:

ABSENT:

Councilmembers Kraus, Williams and Gift, Vice Mayor LopezOrtega, and Mayor Canning None
None
None

10. COUNCIL REQUESTS AND IDEAS FOR DISCUSSION

10.1 Request from Councilmember Williams to add the following item to a future Council agenda: City Council to consider food service at wineries.

Item #6.1.

Calistoga City Council Minutes
May 3, 2022

Councilmember Williams requested Council to consider adding food service at wineries on a future agenda. Council consensus was to not bring this item to a future Council meeting as Napa County is handling and there is already a process where people can contact the County if they have a complaint.

10.2 Request from Councilmember Williams to add the following item to a future Council agenda: Consider resuming in-person City Council Meetings.

Councilmember Williams requested the item be on a future item regardless of whether we are able to be hybrid or not.

City Manager Snideman stated we are looking towards June to be able to hold hybrid meetings. Council consensus was to wait and not put on a future agenda at this time.

Council mentioned the following topics: Emergency evacuations and egress, Zonehaven & Know Your Zone, Ban on Gas Powered Leaf Blowers starts July 1, 2022, and Sharpsteen Museum special exhibit of the local Mexican American community.

To view the video of the meeting, please visit the City's YouTube channel at https://www.youtube.com/user/CityofCalistoga or visit the City's Website at:
https://calistoqa.civicweb.net/Portal/Meetinglnformation.aspx?Org=Cal&ld=258 G.) ADJOURNMENT
Mayor Canning adjourned the meeting at 7:31 p.m.

Respectfully Submitted
Prepared by:

Marni Rittburg, City Clerk
Approved by:

Chris Canning, Mayor
Approved:

Item #6.1.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Mitch Celaya, Chief
Meeting: City Council - Aug 16 2022
Subject: Part-time Police Technician
DESCRIPTION:

Reinstate Part-time Parking Officers program, change job title to Part-time Police Technicians, and increase program hours to 40 hours per week from 20 hours with funding sufficient to operate the program year-round.

RECOMMENDATION:

Consider adopting Resolution
BACKGROUND/SUMMARY:

The Calistoga Police Department (CPD) operated a seasonal (November through April) part-time parking enforcement program that employed two part-time parking enforcement officers. The parking enforcement program operated Friday through Monday, approximately 5 hours a day with one parking enforcement officer working each day. The parking enforcement officers primarily patrolled the business area on Lincoln Avenue on foot enforcing the 3-hour parking limit signs. CPD also utilized the parking enforcement officers to assist as supplemental staff in emergencies, take vehicles to the dealership for maintenance, work special events, assist with community outreach events, and handle other miscellaneous duties when needed during their off days. As a result of the Covid19 pandemic causing financial challenges to the city, in 2020 the parking enforcement program was suspended for the 2020/21 and 2021/22 fiscal years.

Calistoga needs a parking enforcement program to enforce parking regulations and facilitate the parking availability for businesses. This is supported by the Calistoga Chamber of Commerce. The previous Parking Enforcement Program hours (9am to 2:30pm) did not allow enforcement beyond the business district on Lincoln Avenue to address other parking violations in the city. The part-time parking enforcement officer positions were difficult to fill given the limited number of hours and compensation. The current salary range is $15.14 to $18.41 per hour. The average salary for a parking officer is approximately $19.84 per hour in California, Napa PD’s parking officers earn $28.71 to $33.87 per hour, Santa Rosa PD parking officers earn $24,86 - $30.18 per hour. St. Helena PD uses a Community Service Officer to conduct parking enforcement, a three-fourths position with benefits ($27.07 - $32.90 per hour). A request for a change in salary compensation is not requested at this time until a thorough salary survey and assessment can be done at a later time.

CPD needs additional support staff to assist with special events, community outreach activities, fleet maneuvers, abandoned vehicles, taking evidence to crime labs, traffic control, assist with code enforcement, and other similar tasks. Re-directing full-time and sworn staff to handle these tasks is not cost effective and reduces service levels. Without these part-time positions, there is currently a delay in, and sometimes a lack of response to some community complaints. These are not criminal Item #6.2.

issues but typically nuisance issue complaints. Police Technicians are a resource that can assist or handle these supplemental duties as needed. Having part-time, civilian staff with increased hours compared to pre-pandemic levels frees up officers to handle and direct their attention to higher priority activities and calls for service. Increasing hours from 20 to 40 hours per week will provide increased enforcement, increased revenue via parking citations, and the ability to take on additional parking enforcement duties in the city.

Parking issues and complaints occur all year round so there is a need for parking enforcement yearround. Extending the parking enforcement program to a year-round program and increasing the program hours from 20 hours a week to 40 hours week will allow for more adequate and consistent parking enforcement year-round, provide parking enforcement beyond the area of Lincoln Avenue, ability to assist CPD with supplemental duties, and improve the ability to recruit part-time enforcement officers. Given the broader duties it is recommended to change their job title to “Police Technician”.

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. Police Technicians will have a direct impact on addressing community complaints, specifically parking related issues, but also assist and provide support services to enhance CPD’s services to the community.

CEQA STATUS:

Not Applicable
FINANCIAL IMPACT:

Increasing the part-time program to a year-round program and increasing the hours from 20 hours a week to 40 hours per week is estimated to cost approximately $38,292. An additional $4,000 is the estimated cost for equipment and a police radio as well as $1000 to provide uniforms, personal equipment, and cleaning service for two part-time Technicians annually. Funding for this Part-time Police Technician is to be allocated from the General Fund Reserve 01-4116-4308 not to exceed $44,000.

ATTACHMENT(S):

Part-time Police Technician Resolution 081622
Job Desc Police Technician DRAFT
APPROVAL(S):

Gloria Leon, Administrative Services Director Approved - Aug 03 2022 Laura Snideman, City Manager Approved - Aug 08 2022
Marni Rittburg, City Clerk Approved - Aug 08 2022
Item #6.2.

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 GENERAL FUNDS TO

REINSTATE THE PARKING ENFORCEMENT PROGRAM BY FUNDING PART-TIME POLICE TECHNICIANS IN AN AMOUNT NOT TO EXCEED $44,000.

WHEREAS, the city is in need of a year-round parking enforcement program; and WHEREAS, the police department is in need of support staff; and WHEREAS, part-time Police Technicians can fulfill the duties of parking enforcement and provide staff support for the police department; and
WHEREAS, implementing a year-round parking enforcement program and increasing the hours to 40 hours a week will provide parking enforcement service beyond Lincoln Avenue to other parts of the city needing parking enforcement services; and WHEREAS, the part-time Police Technicians will provide additional responsive services to the community beyond parking enforcement; and
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Calistoga hereby authorizes the City Manager to expend General Funds from #01-4116-4308 not to exceed $44,000 to hire part-time Police Technicians. Salary range for this position will be from $15.14 to $18.41 per hour.

PASSED, APPROVED AND ADOPTED this 16th 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 #6.2.

PART-TIME POLICE TECHNICIAN
August 2022
FLSA: NON-EXEMPT

DEFINITION
Under general supervision, patrols assigned areas to enforce appropriate codes, laws, ordinances and regulations pertaining to on-street and public parking; provides support during routine and emergency situations, and performs related duties as assigned.

SUPERVISION RECEIVED AND EXERCISED
Receives general supervision from Chief of Police, Lieutenant, or Police Sergeant. Exercises no supervision of staff.

CLASS CHARACTERISTICS
This is a specialized non-sworn classification, performing a variety of technical support duties in the Police Department. Assignments are performed in support of the Police Department.

EXAMPLES OF TYPICAL JOB FUNCTIONS (Illustrative Only)
Management reserves the rights to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
➢ Patrols an assigned route on foot or in a parking enforcement vehicle to observe automobiles, motorcycles, commercial vehicles and other vehicles for parking violations; enforces related local regulations and ordinances and State vehicle code laws. ➢ Inspects and operates vehicles used to patrol regulated parking areas. ➢ Issues citations for improper use of specially designated or timed zones or lots, improper parking such as parking in crosswalks or other sidewalks, expired registration, improperly licensed vehicles, improperly parked motorcycles, parking in preferential areas, and related violations. ➢ Reports traffic accidents, abandoned vehicles and traffic hazards encountered in the course of work. ➢ Acts as a liaison to the public and representatives of other agencies for the department; provides initial non-emergency contact with the public and representatives of other agencies for the requesting of police records or related services; determines the nature of the contact; provides factual information regarding services, policies, and procedures, which requires a knowledge of legal guidelines, departmental policies and procedures, and the use of tact and discretion, or directs the caller to the proper individual or agency.
➢ Maintains accurate departmental and law enforcement records and files; researches and compiles information from such files; responds to and completes record requests; maintains business owner information for emergency contact.
➢ Answers a wide variety of questions from the public regarding parking and related traffic laws, location of public buildings, parks, municipal facilities, and other points of interest; interacts with hostile and irate parking violators; responds to complaints from the public. ➢ Reports malfunctioning parking meters, faded paint on curbs, vandalized signs, and other obstacles that may impede enforcement or hinder the public from understanding and obeying the law. ➢ Maintains logs, data systems and other record management systems.

Item #6.2.

Parking Enforcement Officer

➢ Provides assistance to special events including traffic control, pedestrian control and event management functions. May include the set-up and removal of barricades and temporary signs. ➢ Testifies in court cases related to parking violations and citations as required. ➢ Identifies and tags abandoned vehicles on public property; and tows vehicles when necessary. ➢ Performs other police support duties as assigned.

QUALIFICATIONS
Knowledge of:
➢ Principles and practices of data collection and report preparation. ➢ Business arithmetic and basic statistical techniques. ➢ Basic principles of record keeping.
➢ Functions, principles, and practices of law enforcement agencies. ➢ City and County geography, maps, streets, landmarks, and driving directions. ➢ Applicable Federal, State, and local laws, regulatory codes, ordinances, and procedures relevant to assigned area of responsibility.
➢ Modern office practices, methods, and computer equipment and applications related to work. ➢ English usage, grammar, spelling, vocabulary, and punctuation. ➢ Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, and City staff.

Ability to:
➢ Assess and prioritize emergency situations while remaining calm and using sound, independent judgment.
➢ Memorize codes, names, street locations, and other information. ➢ Read and interpret maps and other pertinent documentation. ➢ Interpret, apply and explain policies, procedures, and regulations. ➢ Obtain necessary information from individuals in stressful or emergency situations. ➢ Compile and summarize information to prepare accurate, clear, and concise reports. ➢ Perform technical, detailed, and responsible office support work. ➢ Compose correspondence independently or from brief instructions. ➢ Organize, maintain, and update office database and records systems. ➢ Make accurate arithmetic and statistical computations. ➢ Enter and retrieve data from a computer with sufficient speed and accuracy. ➢ Organize own work, set priorities, and meet critical deadlines. ➢ Operate modern office equipment including computer equipment and software programs. ➢ Use English effectively to communicate in person, over the telephone, and in writing. ➢ Understand and follow oral and written instructions.
➢ Operate a motor vehicle safely while observing parking violations and conditions. ➢ Use tact, initiative, prudence, and independent judgment within general policy and legal guidelines in politically sensitive situations.
➢ Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.

Education and Experience:

Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:

Equivalent to the completion of the twelfth (12th) grade and six months of experience in a position which required dealing effectively with the public.

Item #6.2.

Parking Enforcement Officer

Completion of code enforcement and abandoned vehicle abatement training with certification.

Licenses and Certifications:
➢ Possession of a valid California Driver’s License.
➢ Possession of automatic electronic defibrillator training. ➢ Possession of First Responder First Aid and CPR certification.

PHYSICAL DEMANDS
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer; vision to read printed materials and a computer screen; and hearing and speech to communicate in person, and over the telephone. This is primarily a sedentary office classification although standing and walking between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry, push, and pull materials and objects up to 25 pounds.

The field work requires light to medium physical effort and the agility to inspect temporary, unfinished, construction sites and access points and to participate in special events and field support to officers and walking in operational areas. The position requires the operation of a motor vehicle and visits various sites within the City.

ENVIRONMENTAL ELEMENTS
Employees work in outdoor and indoor environments. Outdoor environments consist of travel from site to site, may be exposed to noise, dust, odors, and inclement weather conditions. Indoor environments consist of moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing City ordinances & regulations and departmental policies & procedures. The principal duties of this class are performed in and around a police station environment with possible exposure to criminal offenders, mentally ill individuals, and persons potentially infected with communicable diseases.

The City of Calistoga is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, Calistoga will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer.

Item #6.2.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Aug 16 2022
Subject: Authorizing a Purchase Order for Able Fence Company Inc., to Purchase and Construct a Fence at Lower Washington in an Amount Not to Exceed $65,000 DESCRIPTION:

Consider adopting a Resolution that: 1.Authorizes the City Manager to execute a purchase order with Able Fence Company Inc., to purchase and construct a six-foot-high chain link fence with vinyl slates in an amount not to exceed $65,000. 2.Approves the Project construction budget in the amount of the base bid of $59,750, and a 10% contingency for unforeseen conditions and authorizes the Public Works Director to negotiate and approve contract change orders up to the approved construction budget amount of $65,000.

RECOMMENDATION:

Consider adopting Resolution.

BACKGROUND/SUMMARY:

The city owns property that the Department of Public Works (DPW) uses to stockpile and store materials. The area runs parallel to the existing bike path on lower Washington just down-valley of the dog park south to the bridge that crosses the Palisades ditch going to the recycle ponds, see Figure 1 enclosed for clarity.

This area is actively used by the DPW and is posted for the public to keep-out for their safety. DPW has three large dumpsters, leaf and debris piles, along with construction material piles, utility spoils and alike that are used frequently. Additionally, this area includes recycle water tanks and pumps that irrigate the ballfield along with the Palisades Sewer Lift Station. The new fence will be six feet tall and run about 1,000 feet, 10-feet north of the bike path and be chain link with brown vinyl slates to hide these areas. The new fence will improve the public’s safety, keep city facilities more secure, and improve the aesthetics along the existing bike path by hiding the stockpiles and storage areas.

Staff received three bids from Able Fence Company Inc., Coggins Fence & Supply Inc., and Ahlborn Fence & Steel Inc. The bids were $59,750, $59,869 and $76,033 respectively with the low bid being Able Fence Company Inc.

Staff is recommending a purchase order be signed with Able Fence Company Inc., to complete the project.

CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:

The project conforms to Council Goal 3, objective 2 -” …maintaining high level of service and reliability of facilities”.

Item #6.3.

CEQA STATUS:

The installation of security fencing and gates for public facilities is exempt from CEQA.

FINANCIAL IMPACT:

The Project is included in the FY 2022/23 Fence Bike Path at Lower Yard CIP Budget, Account No. 01-5643-4915. The total amount available is $75,000 and the total project costs of $65,000 are within budget.

ATTACHMENT(S):

1. Draft Resolution
Figure 1_Attach 2

3. Bid Proposal - Able Fence Company Inc.

APPROVAL(S):

Derek Rayner, Public Works Director/City Engineer Approved - Aug 03 2022 Gloria Leon, Administrative Services Director Approved - Aug 03 2022 Laura Snideman, City Manager Approved - Aug 08 2022
Marni Rittburg, City Clerk Approved - Aug 08 2022
Item #6.3.

RESOLUTION NO. 2022-XXX

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

OF NAPA, STATE OF CALIFORNIA, AUTHORING THE CITY MANAGER TO EXECUTE A PURCHASE ORDER WITH ABLE FENCE COMPANY INC. TO

PURCHASE AND CONSTRUCT A SIX-FOOT-HIGH CHAIN LINK FENCE WITH VINYL SLATES IN AN AMOUNT NOT TO EXCEED $65,000
WHEREAS, the city owns property that the Department of Public Works (DPW) uses to stockpile and store materials; and
WHEREAS, the area runs parallel to the existing bike path on lower Washington just down-valley of the dog park south to the bridge that crosses the Palisades ditch going to the recycle ponds; and
WHEREAS, this area is actively used by the DPW and is posted for the public to keep-out for their safety. DPW has three large dumpsters, leaf and debris piles, along with construction material piles, utility spoils and alike that are used frequently; and WHEREAS, the new fence will be six feet tall and run about 1,000 feet, 10-feet north of the bike path and be chain link with brown vinyl slates to hide these areas. The new fence will improve the public’s safety, keep city facilities more secure, and improve the aesthetics along the existing bike path by hiding the stockpiles and storage areas; and WHEREAS, staff received three bids from Able Fence Company Inc., Coggins Fence & Supply Inc., and Ahlborn Fence & Steel Inc. Able Fence Company Inc., was the lowest bid; and
WHEREAS, the installation of security fencing and gates for public facilities is exempt from CEQA; and
WHEREAS, council approves the Project construction budget in the amount of the base bid of $59,750, and a 10% contingency for unforeseen conditions and authorizes the Public Works Director to negotiate and approve change orders up to the approved construction budget amount of $65,000; and

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

1. Authorizes the City Manager to execute a purchase order with Able Fence Company Inc,. to purchase and construct a six-foot-high chain link fence with vinyl slates in an amount not to exceed $65,000.

2. Approves the Project construction budget in the amount of the base bid of $59,750, and a 10% contingency for unforeseen conditions and authorizes the Public Works Director to negotiate and approve change orders up to the approved construction budget amount of $65,000.

ATTACHMENT 1
Item #6.3.

Resolution No. 2022-XXX

PASSED, APPROVED AND ADOPTED this 16th 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 #6.3.

10 0
ArcGIS Web Map
Maxar, Microsoft
Parcel for webapp limited info
8/2/2022, 2:40:13 PM
0 0.03 0.06 0.01 mi0 0.04 0.09 0.02 km
1:2,257
ArcGIS Web AppBuilder
Maxar, Microsoft |
Proposed NewFence with Gates
Washington Street
ExistingBike Path
DogPark
BallField
Lower Yard
Palisades LiftStation
Proposed NewFence with Gates
FIGURE 1
Item #6.3.

ATTACHMENT 3 Item #6.3.

Item #6.3.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Jeff Mitchem, Planning & Building Director
Meeting: City Council - Aug 16 2022
Subject: Receipt of Napa County Grand Jury 2021-2022 Final Report on the Napa County Climate Action Committee and Authorization for a City of Calistoga Response
DESCRIPTION:

Receipt of the Napa County Grand Jury 2021-2022 Final Report on the Napa County Climate Action Committee and Authorization for a City of Calistoga Response.

RECOMMENDATION:

Receive report and authorize the response letter by motion.

BACKGROUND/SUMMARY:

The Napa County Grand Jury issued its 2021-2022 Final Report on the Climate Action Committee (CAC) on August 23, 2022.The Grand Jury’s mandate is to investigate all branches of government assuring they are being administered efficiently, honestly, and in the best interest of Napa County’s residents.

The Grand Jury’s Final Report issues five findings and recommendations related to the CAC’s effectiveness in developing and implementing actions for county-wide programs to combat climate change. The City of Calistoga is required to respond.

As the draft response indicates, staff responds to the findings in support of the CAC’s organizational structure, administrative and monitoring protocols, and overall effectiveness.

CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:

This initiative is consistent with City Council Goal 6, Create an environmentally sustainable community.

CEQA STATUS:

Exempt
FINANCIAL IMPACT:

None.

ATTACHMENT(S):

Grand Jury Climate Action Committee Response 2022 - Calistoga FINAL Item #6.4.

APPROVAL(S):

Gloria Leon, Administrative Services Director Approved - Jul 25 2022 Laura Snideman, City Manager Approved - Aug 08 2022
Marni Rittburg, City Clerk Approved - Aug 08 2022
Item #6.4.

ATTACMENT 1
Grand Jury Report Response – Napa County Climate Action Committee Page 1

CALISTOGA RESPONSE TO THE GRAND JURY FINAL

REPORT ON

THE NAPA COUNTY CLIMATE ACTION COMMITTEE (CAC)
August 2022
The 2021-22 Napa County Grand Jury requires responses from Napa County; the Cities of American Canyon, Calistoga, Napa, and St. Helena; the Town of Yountville; and the Napa County Climate Action Committee for each of the Findings provided below.

FINDINGS
Finding 1: The CAC has not been effective in developing and implementing actions for county-wide programs to combat climate change.

Calistoga Response: We disagree with this finding. The Grand Jury does not define by what standard the Climate Action Committee would be considered effective, or how the Committee has performed compared to that standard. The comment is unsubstantiated opinion, rather than a reasoned finding.

Developing countywide programs to reduce greenhouse gas emissions is a process. The Committee is following the same process as that taken by the Sonoma Regional Climate Protection Authority, which is cited several times by the Grand Jury as the model that should be followed. The Authority prepared an updated greenhouse gas emission, considered a range of action items to achieve the target goals, and assisted member agencies in implementing those action items. The Committee is at an earlier stage than the Authority, which was formed in 2009. In contrast, the Committee only began meeting less than three years ago.

Within the short time of the Committee’s operation, much has been done to lay down the foundation for effective climate action.

The individual members of the Committee have all adopted Climate Emergency Resolutions, and all members have adopted or are in the process of preparing Climate Action Plans. The municipalities participating in the Committee have adopted a Joint Powers Agreement, establishing the composition and operations for the Committee, as well as an ongoing funding commitment.

The Committee has secured a grant and is in the final process of updating the 2009 regional greenhouse gas emission inventory, which will include specific actions that can be taken by member agencies to reduce greenhouse gas emissions. The Committee has also directed staff to begin work on an Electric Vehicle Item #6.4.

ATTACMENT 1
Grand Jury Report Response – Napa County Climate Action Committee Page 1
Charging Station plan, to determine how the member agencies will meet the goals established by the California Energy Commission Assembly Bill 2127 Electric Vehicle Charging Infrastructure Assessment.

The Committee has been meeting for a total of 33 months. During that time, Napa has experienced two major wildfires, a pandemic, and a continuing severe drought. A great deal has been
accomplished in a short time, despite numerous challenges.

Finding 2: Interviews of Napa CAC members confirmed that the Napa County CAC has decided not to take any major steps toward greenhouse gas (GHG) reduction until the GHG study is released.

Calistoga Response: Calistoga agrees with this factual Finding.

The Committee will consider a range of potential climate change actions as a part of the regional greenhouse gas inventory update.

Once the Committee has determined the current levels of greenhouse gas emissions (both regionally and by individual jurisdiction as well as source sector) and the targets needed to comply with future milestones, then it will have the information needed to consider actions tailored to address the specific sources and where they occur. To take action absent this information would be regulating based on anecdote. Any
implementation of actions developed without this scientific framework would be subject to legal challenge and would not be accepted as adequate evidence if used in environmental analysis by member agencies.

The Grand Jury suggests in their report that “Models of welldeveloped countywide plans that have implemented such methods are available from nearby counties such as Sonoma County. Napa does not have to reinvent the wheel. It can and should take cues from these other neighboring jurisdictions.” This is hardly a reasonable comparison. Sonoma County is 125% larger than Napa County and has a population 3.5 times the size of Napa County. Despite this size difference, Napa has more cultivated farmland than Sonoma, accounting for 8% of total land area, compared to only 3% in Sonoma.

The Sonoma County Regional Climate Protection Authority adopted its Climate Mobilization Strategy in 2021, three years after updating its regional greenhouse gas emission inventory in 2018. The Strategy did not borrow from other neighboring jurisdictions, but studied and utilized the best available science in determining its status and how best to reach the adopted goals over a 10-year timeframe. The Authority coordinates with member Item #6.4.

ATTACMENT 1
Grand Jury Report Response – Napa County Climate Action Committee Page 1
agencies to assist them in developing and implementing those measures that will have the greatest impact in reducing greenhouse gas emissions within their respective jurisdictions.

The Committee is following the same path as that taken by the Authority: prepare an updated greenhouse gas emission, consider a range of action items to achieve the target goals, and assist member agencies in implementing those action items.

Finding 3: Interviews revealed that the CAC was generally unfamiliar with the EV charging station subsidy programs currently available through the California Energy Commission and the Bay Area Air Quality Management District.

Calistoga Response: Calistoga respectfully disagrees with this Finding. Over the past two years, the Committee has reviewed and discussed electric vehicle charging station grant programs on numerous occasions. At the April 24, 2020, meeting the
Committee reviewed several potential electric vehicle charging station grant programs, including the Marin Clean Energy Charging program, the Bay Area Air Quality Management District Charge! program, and the California Energy Commission Electric Vehicle Infrastructure Project program. On May 22, 2020, the Committee reviewed a list or programs offering incentives for residents and businesses to purchase electric vehicles. On February 26, 2021, the Committee received a presentation from the California Hydrogen Business Council, on hydrogen vehicles and fueling stations. On July 23, 2021, the Committee reviewed the number of existing electric vehicle charging stations, the goals of the California Energy Commission Assembly Bill 2127 Electric Vehicle Charging Infrastructure Assessment, and available incentives including the Marin Clean Energy grant program. The July discussion continued into the meetings of October 22 and November 19, providing a summary of available grant programs, including the California Energy Commission Electric Vehicle Infrastructure Project program.

The Grand Jury is not specific regarding which subsidy programs are not being considered by the Committee and did not go into detail regarding the cost or eligibility of recent grant programs.

For instance, the Charge! program offered by the Bay Area Air Quality Management District offered earlier this year, provides $7 million to offset a portion of the cost of new public charging stations at qualifying facilities. However, the Charge! program only funds 50% to 80% of the cost of installation. Applicants must pay all up-front costs and at least 15% of the total project costs.

With a minimum grant aware of $1 million, local jurisdictions would have to pay between $150,000 and up to $500,000 to participate in the subsidy. Environmental review, administrative costs, and Item #6.4.

ATTACMENT 1
Grand Jury Report Response – Napa County Climate Action Committee Page 1
maintenance are not eligible for funding. In addition, 60% of all funds awarded by this program are required to be spent within Environmental Justice communities, which excludes several of the Climate Action Committee members.

The Rural Electric Vehicle Charging grant provided by the California Energy Commission offers $4.8 million to local jurisdictions to install charging stations in rural areas. However, Napa County and other Bay Area jurisdictions are ineligible for the program due to high number of existing charging stations in those areas.

The California Energy Commission also recently awarded a grant program of $6 million for the Charging Access for Reliable OnDemand Transportation Services (CARTS) program. The grant supports electric vehicle charging stations for high mileage ondemand transportation services including services such as ridehailing, taxis, and meal and grocery delivery. Each region was allotted one project up to $2 million, with a 50% match required from the applicant, again requiring significant funding from local jurisdictions.

The California Energy Commission is in the process of developing the application process for Block Grants for Electric Vehicle Charging Incentive Projects. The qualification criteria, amount of subsidy, and other details are still being developed. It is expected that the application period will open late in 2022. The County applied for and was awarded $20,000 in 2020 under this program to install additional charging stations at the Third Street Parking Garage, but was unable to meet the accelerate timelines required by the Commission.

The California Capital Access Program Electric Vehicle Charging Station Financing Program offered by the State Treasurer closed earlier this year. It provided $2 million to fund a 10-15% rebate on the cost of installing charging stations for small businesses, and would not have applied to the Committee or its members.

Finding 4: The CAC struggles with a lack of county-wide GHG mitigation funding. However, it has not placed a priority on having an experienced, effective grant and funding pursuit individual on staff to seek and secure GHG reduction grants, even though grant subsidies for programs like EV charging stations currently exist.

Calistoga Response: Calistoga respectfully disagrees with this Finding. Over the past two years, the County has allocated up to $100,000 for the operations of the Committee. The Cities and Town have reserved an additional $68,000 for the Committee Item #6.4.

ATTACMENT 1
Grand Jury Report Response – Napa County Climate Action Committee Page 1
during this same period. These funds are in addition to the $50,000 in grant funding secured from the Bay Area Air Quality Management District. These monies have paid for staff to support the operations of the Committee, including the successful pursuit of one grant and ongoing monitoring of other available grant programs. Of course, this is all supplementary to the expenditures made by each jurisdiction in developing and implementing their individual climate action plans.

As stated in the response to Finding 3, grant subsidies for electric vehicle charging stations are expensive and member agencies do not always qualify. Moreover, the Committee relies on funding provided by the member agencies; it does not have a separate revenue source. Participation in grant programs require match funds and/or administrative costs, as well as long-term continuation of effort. This funding depends on budgetary decisions by city and town councils, as well as the Board of Supervisors, balanced against other competing social needs and interests.

Finding 5: Past studies have stated that the two largest GHG emission categories are Transportation and Buildings. The Grand Jury’s interviews confirm that these two categories are expected to remain the top two items in the GHG study currently underway.

The CAC in its three years of existence has not defined and proposed any action items to address the top two categories of emissions.

Calistoga Response: Calistoga respectfully disagrees with this Finding. The Grand Jury report is correct in that staff anticipates that Building Energy Use and On-Road Transportation will likely be the two largest categories of greenhouse gas emissions in the upcoming regional inventory. Both issues are largely regulated by the State of California, through the Uniform Building Code and the Vehicle Emission Standards. While there are additional actions that can supplement the State’s efforts, the Grand Jury is asking the Climate Action Committee and its member jurisdictions to take action without knowing the extent of the problem or the goal that is to be achieved.

More importantly, taking regulatory action always involves the potential for litigation, and it is the duty of the jurisdiction taking action to make its case as to why any new regulations are required, whether they are proportional to the impact, whether they are effective, and what standard will be achieved. In the absence of an updated greenhouse gas emission inventory, the Committee and its members would be acting in the absence of any context, and if the resulting regulations are overly Item #6.4.

ATTACMENT 1
Grand Jury Report Response – Napa County Climate Action Committee Page 1
burdensome or inequitably fall on some members of the
community more than others, they would be exposing themselves and the general public to the potential for lengthy and expensive litigation.

As a part of the scope of work for the updated regional greenhouse gas emission inventory, the Committee has directed the consultant to identify and evaluate specific greenhouse gas reduction actions for the following sectors: transportation, building and other energy use, waste reduction and material consumption, carbon sequestration, water conservation, and food consumption.

These actions will be evaluated by the Committee later this year and forwarded to the individual member agencies for
consideration and implementation.

Recommendations
The 2021-22 Napa County Grand Jury requires responses from Napa County; the Cities of American Canyon, Calistoga, Napa, and St. Helena; the Town of Yountville; and the Napa County Climate Action Committee for each of the following
recommendations:

Recommendation 1: The CAC should increase the sense of
urgency in implementing GHG emission reduction actions.

Calistoga Response: Calistoga will not implement this
recommendation as it is not individually within our control, warranted or reasonable. The recommendation does not indicate what timeline should be used for implementation, nor does it define what steps should be taken to “increase the sense of urgency.” The State has established specific milestones for local jurisdictions to reduce greenhouse gas emissions: a 90% reduction below 1990 levels by 2035, and net zero emissions by 2045. These goals are more immediate than the 2050 net zero goal established by Federal agencies, the United Nations, and the Intergovernmental Panel on Climate Change (IPCC).

In addition, there is much being done already to achieve these goals. Calistoga has adopted a Climate Emergency Resolution and in 2014 was the first local community to adopt a Climate Action Plan, later updated in 2018, and to be further refined following the outcome of a countywide plan.

The municipalities participating in the Committee have adopted a Joint Powers Agreement, establishing the composition and operations for the Committee, as well as an ongoing funding commitment. The Committee has secured a grant and is in the Item #6.4.

ATTACMENT 1
Grand Jury Report Response – Napa County Climate Action Committee Page 1
final process of updating the 2009 regional greenhouse gas emission inventory, which will include specific actions that can be taken by member agencies to reduce greenhouse gas emissions.

The Committee has also directed staff to begin work on an Electric Vehicle Charging Station plan, to determine how the member agencies will meet the goals established by the California Energy Commission Assembly Bill 2127 Electric Vehicle Charging Infrastructure Assessment.

The Committee has been meeting for a total of 33 months. During that time, Napa has experienced two major wildfires, a pandemic, and a continuing severe drought. A great deal has been
accomplished in a short time, despite numerous challenges.

Recommendation 2: The CAC should create monitoring
protocols that seek to identify what its individual members have set as goals and to identify whether they have met meaningful standards consistent with those goals. These should be
formalized and reported to the CAC on a quarterly basis.

Calistoga Response: Calistoga will not implement this
recommendation as it is not individually within our control, warranted or reasonable. Using individual climate action plans as the basis for monitoring progress towards greenhouse gas reduction goals would require a significant level of effort due to the different timelines and methodologies used by each jurisdiction.

For example, both American Canyon’s 2012 Climate Action Plan and Calistoga’s 2014 Climate Action Plan have a greenhouse reduction goal of 2020, but no goals beyond that date. The City of Napa’s 2012 Sustainability Plan has goals for 2030, 2040, and 2050, but it looks only at municipal operations and not at community sources of greenhouse gas emissions. Yountville’s 2016 Climate Action Plan has a goal of 2030, St. Helena’s 2019 General Plan has goals of 2030 and 2040, and the draft County 2019 Climate Action Plan has goals of 2030 and 2050. Beyond the lack of common timelines used, how each jurisdiction calculates emissions also varies. Different methodologies, definitions, and data sources have been used, as climate modeling has changed greatly over the past 10 years. Lastly, not all jurisdictions have action items that have quantitative reductions in emissions associated with them. Several of the plans have qualitative action items and are not clear as to how reduction goals will be achieved. The value of a single integrated inventory is that all jurisdictions can be analyzed using the same information and modeling to create a basis for comparison, as well as the opportunity to determine how collaborative actions can gain greater reduction through effective collaboration.

Item #6.4.

ATTACMENT 1
Grand Jury Report Response – Napa County Climate Action Committee Page 1
The Climate Action Committee is established as a collaborative effort that allows each member agency to retain local control within its jurisdiction. Consequently, the City and Town Councils and Board of Supervisors are held accountable by their respective constituents for meeting greenhouse gas reduction goals. Staff is not aware of any regional climate action committee (including the Sonoma County Regional Climate Protection Authority) that monitors member agencies for progress towards meeting each jurisdiction’s climate action goals. It is unclear what added value monitoring by the Committee would provide, or what steps (if any) would be taken by the Committee for any member that was not meeting “meaningful standards” as established by the Committee.

Recommendation 3: The CAC should provide a detailed
prioritized list of potential projects for possible grant funding and either retain or designate a current staff person as a grant researcher and writer to identify and seek grants from any possible source.

Calistoga Response: This recommendation has been
implemented. County staff, funded by the member agencies, staff the Committee and have already secured one $50,000 grant.

They continue to search for other appropriate potential funding opportunities, where local agencies qualify and where funding to support and implement the grant has been allocated at the direction of the Committee member agencies.

Recommendation 4: The CAC should restructure itself to
provide authority over and accountability of its member jurisdictions.

Calistoga Response: Calistoga will not implement this
recommendation as it is not individually within our control, warranted or reasonable. The Climate Action Committee is established as a collaborative effort that allows each member agency to retain local control within its jurisdiction. The Grand Jury is proposing a restructuring of the Climate Action Committee to convert it into a regional climate agency, with the ability to enforce and regulate within member jurisdictions.

The Grand Jury describes “…the problem of each jurisdiction going its own way and operating on a non-collaborative course.” They advocate for the creation of a new bureaucracy, where power over climate change can be centralized and enforced.

Certainly, such an approach can lead to greater and faster action.

However, the Grand Jury does not discuss the disadvantages of such an approach. A regional agency would be able to enforce actions against a member agency, regardless of the fiscal or Item #6.4.

ATTACMENT 1
Grand Jury Report Response – Napa County Climate Action Committee Page 1
economic impact on the jurisdiction. Solutions that work in a City of 75,000 may be equally applied in a Town of less than 4,000, or a rural community where they may not be effective or relevant.

Residents and businesses who may be disproportionately and adversely affected by new regulations would not have a place to appeal any decision and would not be able to directly vote for the decision makers. If this model were the most effective approach, it seems that the State would have created a centralized regulatory agency to administer climate change requirements throughout California, but that has not occurred. The sources of greenhouse gas emissions, patterns of community development, demographics, and lifestyles of communities in Napa County are very diverse. A uniform, top-down strategy to expedite action on the reduction of greenhouse gas emissions can lead to
oversimplification and may instead impede progress by focusing scarce resources enforcing a “one-size-fits-all” solution.

Moreover, Calistoga staff are unaware of any region within the State of California that has adopted such a model. The Sonoma County process referred to in the Grand Jury report is not binding on member jurisdictions. The countywide plan is made available for each municipality to consider on its own. It should be noted that an appeal of the Superior Court decision regarding the California Environmental Quality Act document for the Sonoma countywide climate action plan was not pursued because member agencies did not unanimously support continued action. As a result, an Environmental Impact Report for the Sonoma
countywide climate plan was never certified. The other examples of regional climate agencies that staff are familiar with are also advisory; none have legal authority over the participating jurisdictions. The Grand Jury is advocating for a new agency with powers over climate action planning and implementation that has not been attempted anywhere in California. At a minimum, a great deal more thought and consideration should be applied to the question, rather the casual support given to such a radical idea by the Grand Jury.

Recommendation 5: To benefit its work, the CAC should
consider the following actions: (A) Reducing the number of CAC members, currently from 12 (2 per jurisdiction), to 6 (1 per jurisdiction) to facilitate faster action, use of advisors and plan development; and (B) Utilize county citizens familiar with GHG emission reduction strategies to assist the CAC in the preparation of recommended actions.

Calistoga Response: Calistoga will not implement this
recommendation as it is not individually within our control, warranted or reasonable. The Grand Jury does not point to any Item #6.4.

ATTACMENT 1
Grand Jury Report Response – Napa County Climate Action Committee Page 1
evidence in their report to demonstrate that a smaller Committee would be more effective. The two examples cited in their report do not support this conclusion. The Sonoma County Climate Action Committee is similar to Napa County and has two
representatives from each jurisdiction for a total of 24 members (compared to Napa’s 12 members). It should be noted that the Sonoma Regional Climate Authority, which the Sonoma Climate Action Committee advises, also has 12 members. There is no reference to a Contra Costa Climate Action Committee. It is assumed the reference in the Grand Jury report is to the Contra Costa County Sustainability Commission, which has 17 members.

In addition, the Mendocino County Climate Action Advisory Committee has 15 members. Other than a passing reference by the Grand Jury to “…an ungainly body of mostly elected
officials…,” the report offers no constructive criticism or facts to support their unsubstantiated recommendation.

The Climate Action Committee has an extensive history of considering input from county residents and interested parties regarding greenhouse gas emission reduction strategies. On August 28, 2020, the Committee heard a presentation from Napa Climate Now! regarding budget conscious climate actions. On February 26, 2021, the Committee heard a presentation from the California Hydrogen Business Council, on hydrogen vehicles and fueling stations for local governments. On March 26, 2021, the Committee heard a presentation on the Napa Green program. On April 23, 2021, the Committee heard a presentation on forest health from the Napa County Resource Conservation District. On May 28, 2021, the California Land Stewardship Institute gave a presentation to the Committee on the Climate Adaptation Certification, a comprehensive science and winegrower
collaboration to benefit agriculture and the environment. On June 25, 2021, the Committee heard a presentation from the Napa County Bicycle Coalition regarding Safe Routes to School: Parent Perception Research. On July 23, 2021, Napa Climate Now! made a second presentation to the Committee on a Reusable Foodware and Waste Reduction Ordinance. On October 22,
2021, Napa Schools gave a presentation to the Committee. On April 22, 2022, the Committee heard from City of Napa staff regarding solid waste and recycling programs and potential projects. On July 26, 2022, Community Climate Solutions gave a presentation on the Napa County Climate Challenge website.

The Committee will continue to seek out and encourage ideas from local residents and organizations, and will welcome public comment on the proposed greenhouse gas reduction action items that will be included with the updated regional inventory.

Item #6.4.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Marni Rittburg, City Clerk
Meeting: City Council - Aug 16 2022
Subject: Affirm Resolution No. 2021-071 Allowing Teleconferenced Public Meetings Pursuant to Assembly Bill 361 (AB 361)
DESCRIPTION:

Consider affirming Resolution 2021-071 findings related to the state of emergency due to COVID-19 authorizing the City Manager to continue implementing teleconference accessibility to conduct public meetings pursuant to Assembly Bill 361.

RECOMMENDATION:

Staff recommends the City Council affirm Resolution 2021-071 findings in accordance with the provisions and findings of AB 361 to continue virtual/teleconference meetings of the City Council and City Boards, Commissions, and Committees after September 30, 2021.

BACKGROUND/SUMMARY:

On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which among other things rescinded his prior Executive Order N-29-20 and set a date of October 1, 2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act. With the surge of COVID-19 Delta Variant cases and the Executive Order N-08-21 sunsetting on September 30, 2021, Assembly Bill 361 (AB 361) was signed by Governor Newsom on September 16, 2021. AB 361 provides an alternative to the teleconferencing requirements of Government Code Section 54953(b)(3) if there is a state of emergency, and the legislative body makes certain factual findings regarding the state of emergency.

The goal of AB 361 is “to improve and enhance public access to local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options” consistent with Executive Order N-29-20. AB 361 will sunset on January 1, 2024.

Though adopted in the context of the pandemic, AB 361 allows for virtual meetings during other stateproclaimed emergencies, such as wildfires and earthquakes, where physical attendance may present a risk.

When there is a continuing state of emergency, or when state or local officials have imposed or recommended measures to promote social distancing, AB 361 requires a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting pursuant to AB 361, and to make those findings every 30 days thereafter, to continue to meet under these abbreviated teleconferencing procedures.

AB 361 amends Government Code Section 54953 to provide an alternative to having the public access the locations where City Councilmembers are teleconferencing in from. In order to have teleconference public meetings, without providing access to City Councilmember’s private residences, the City Council adopted Resolution 2021-071 stating that they have reconsidered the circumstances of the COVID-19 state of emergency and that the following circumstances exist:

Item #6.5.

1. The state of emergency as a result of COVID-19 continues to directly impact the ability of the members of City Council and the members of the City’s subordinate Committees, Commissions, and Boards to meet safely in person; and

2. The State of California and the City of Calistoga continue to impose or recommend measures to promote social distancing.

3. The Omicron variant spreads more easily than earlier variants of the virus that cause COVID19, including the Delta variant.

4. The BA.5 Omicron variant is believed to be the most contagious strain so far as number of reinfections rise.

AB 361 requires City Council to make these findings every 30 days to continue teleconference meetings. On October 5, 2021, Council adopted Resolution 2021-071, making the required findings under AB 361 and authorizing the City Manager to implement teleconference accessibility to conduct public meetings. Council has continued to reaffirm this resolution. Staff will continue to agendize this item once a month until the state of emergency is over, or City Council no longer believes teleconference meetings may be periodically necessary.

AB 361 also has several requirements to make sure that the public is able to watch and make public comments during the teleconferenced public meetings. These requirements include:
• Providing notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option.
• The Legislative Body cannot take further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored.
• Prohibiting the legislative body from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time.
• Prohibiting the legislative body from closing the public comment period until the public comment period has elapsed or until a reasonable amount of time has elapsed.

The City has already implemented the above stated requirements for conducting public meetings and is in full compliance with AB 361 and there will be no change to the currently established teleconference procedures.

CEQA STATUS:

The proposed Resolution is exempt from environmental review under the California Environmental Quality Act, Public Resource's Code section 21000 et seq. ("CEQA") pursuant to CEQA Guidelines Section 15061(b)(3) as it can be seen with certainty that the project has no potential for causing a significant effect on the environment.

FINANCIAL IMPACT:

There are no direct financial impacts from the enactment of the Resolution.

ATTACHMENT(S):

Attach 1 - Reso 2021-071 AB 361 Teleconferenced Public Meetings APPROVAL(S):

Item #6.5.

Laura Snideman, City Manager Approved - Aug 08 2022
Marni Rittburg, City Clerk Approved - Aug 08 2022
Item #6.5.

RESOLUTION 2021-071

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

NAPA, STATE OF CALIFORNIA, AUTHORIZING THE INTERIM CITY MANAGER TO

IMPLEMENT TELECONFERENCED PUBLIC MEETINGS FOR CITY COUNCIL AND

ALL CITY COMMITTEES, COMMISSIONS AND BOARDS PURSUANT TO ASSEMBLY BILL 361
WHEREAS, COVID-19 is a respiratory disease which has now spread across the globe, with thousands of confirmed cases in California, including the City of Calistoga; and WHEREAS, on January 31, 2020, the United States Secretary of Health and Human Services declared a public health emergency based on the threat caused by COVID-19, and the President of the United States issued a Proclamation Declaring a National Emergency Concerning COVID-19 beginning March 1, 2020; and
WHEREAS, in response to COVID-19, the Governor of the State of California issued a Proclamation of a State of Emergency on in response to COVID-19 on March 4, 2020; and
WHEREAS, on March 16, 2020, the City Manager of the City of Calistoga proclaimed the existence of a local emergency related to the COVID-19 threat; and WHEREAS, the Calistoga City Council has the explicit power "to proclaim the existence or threatened existence of a "local emergency" if the city council is in session" or ratify the proclamation of a "local emergency" if the City Manager declares one while Council is not in session; Accordingly, this authority resides with City Council not with any of the Committees, Commissions, and Boards; and
WHEREAS, on March 20, 2021, City Council ratified the local emergency declaration proclamation by the City Manager related to COVID-19 with Resolution No. 2020-020; and WHEREAS, to mitigate the spread of COVID-19 the Centers for Disease Control and Prevention recommends that people "Avoid Crowded Spaces," "Choose events that take place outside with enough space for attendees to stay at least six-feet apart"; and WHEREAS, on March 17, 2020, the Governor issued Executive Order N-29-20, which suspended and modified the teleconferencing requirements under the Brown Act (California Government Code Section 54950 et seq.) so that legislative bodies can hold public meetings via teleconference (with audio or video communications, without a physical meeting location), as long as the meeting agenda identifies the teleconferencing procedures to be used; and WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which extended the provision of N-29-20 concerning the conduct of public meetings through September 30, 2021; and
WHEREAS, since issuing Executive Order N-08-21, the Delta variant has emerged causing spikes in COVID-19 cases throughout the state; and WHEREAS, California Assembly Bill 361 was signed into law on September 16, 2021, and amended Government Code Section 54953; and
Attachment 1Item #6.5.

Resolution No. 2021-071

WHEREAS, AB 361 has several requirements to make sure that the public is able to watch and make public comments during the teleconferenced public meetings, including:
• To provide notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option.
• The Legislative Body cannot take further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments, until public access is restored. • Prohibiting the legislative body from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time. • Prohibiting the legislative body from closing the public comment period until the public comment period has elapsed or until a reasonable amount of time has elapsed.

WHEREAS, the City is already implementing the above public meeting requirements now codified in Government Code Section 54953(e)(2)(B-G); and WHEREAS, Government Code Section 54953(b)(3) permits public meetings by teleconference but requires agendas be posted at all teleconference locations, each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public; and WHEREAS, Government Code Section 54953(e)(3)(A-B) provides an alternative to having public meetings in accordance with Government Code Section 54953(b)(3) when City Council has reconsidered the circumstances of the COVID-19 state of emergency and that the following circumstances exist:

1. The state of emergency as a result of COVID-19 continues to directly impact the ability of the members of City Council and the members of the City's subordinate Committees, Commissions, and Boards to meet safely in person; and

2. The State of California and the City of Calistoga continue to impose or recommend measures to promote social distancing.

WHEREAS, the City of Calistoga continues to impose or recommend measures to promote social distancing, which includes but is not limited to:
• Requiring staff and the public to wear masks inside City buildings; • Posting COVID-19 safety measures on doors and the City's website; • Placing hand sanitizer stations in City Hall and other public buildings.

WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City Staff, and any information provided during public meetings.

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

1. Declares that the above recitals are true and correct and are incorporated into this resolution as findings of the City Council.

Item #6.5.

Resolution No. 2021-071

2. Finds that proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378(b)(5), in that adopting a Resolution authorizing the City Manager to conduct teleconferenced public meetings for all the City's Committees, Commissions, and Boards does not meet CEQA's definition of a "project," because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment, and because the action constitutes organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. and is exempt pursuant to Section 15269(c) of the CEQA Guidelines, as specific actions necessary to prevent or mitigate an emergency

3. Finds that City Council has reconsidered the circumstances of the COVID-19 state of emergency and that the following circumstances exist:
• The state of emergency as a result of COVID-19 continues to directly impact the ability of the members of City Council and the members of the City's subordinate Committees, Commissions, and Boards to meet safely in person; and • The State of California and the City of Calistoga continue to impose or recommend measures to promote social distancing.

4. Declares that as a result of the findings in provision 3 above, that the Interim City Manager is authorized to implement teleconferenced public meetings for all the City's Committees, Commissions, and Boards pursuant to Assembly Bill 361.

5. If any section, subsection, sentence, clause, phrase or word of this resolution is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this resolution. The City Council hereby declares that it would have passed and adopted this resolution and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid.

6. This Resolution shall become effective immediately but directs staff to agendize this Resolution within 30 days for City Council to reconsider the circumstances of the state of emergency and findings of provision 3.

PASSED, APPROVED AND ADOPTED this 5th day of October 2021. 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
~~
Item #6.5.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Gloria Leon, Administrative Services Director
Meeting: City Council - Aug 16 2022
Subject: Adoption of Revised Shut Off Policy for Nonpayment (Shut Off Policy) of Municipal Utility Services Provided by the City of Calistoga DESCRIPTION:

Consider adopting a Resolution adopting the revised Shut Off Policy for the City of Calistoga.

RECOMMENDATION:

Consider adopting resolution.

BACKGROUND/SUMMARY:

Intended to minimize the number of Californians who lose access to water service due to their inability to pay, Water Shutoff Protection Act, Senate Bill No. 998 (SB 998) adopted in in 2018 provided persons with additional procedural protections before residential water service can be discontinued.

During the pandemic, AB 148 and SB 155 were adopted requiring that the City offer customers with delinquent balances the opportunity to participate in payment plans prior to disconnection, and City staff has re-examined its previously adopted shut off policy to ensure that the policy is up to date based on changes in law.

SB 998 required that specified water providers have a written policy on discontinuation of services, prohibits discontinuance until accounts are at least 60 days delinquent, requires seven (7) business days’ notice before discontinuance, and prohibits discontinuance when doing if the customer demonstrates an inability to pay and is willing to make payments via alternative methods.

SB 998 and the previously adopted policy require that the City comply with the following:

1. Adopt a comprehensive shut off policy by resolution.

2. Post the new shut off policy to the City’s website (translated into multiple languages).

3. Annually report the number of shut offs on the City’s website to the State Water Resources Control Board.

Several aspects of the current procedures will not change under the new policy:
• The City of Calistoga will continue to set the water billing period to be approximately the tenth day of the month following the month of service delivery and deem water bills delinquent if not paid by the 25th day of the month following the billing period. • Any water customer who is unable to pay their bill by the due date may request a payment plan with the Finance Department at the counter. No specific reason is required in order to request a payment plan and notably Finance staff will not request a doctor’s note or income verification.

Item #7.1.

• The only requirement to avoid water shut off is a willingness to enter into an alternate payment arrangement (aka payment plan or amortization).
• The City will not shut off water service until the water account is delinquent for 60 days.

Likewise, the City will not shut off water service if a customer has entered into an alternative payment arrangement. If, however, a customer does not enter into an alternative payment arrangement or has entered into an alternative payment arrangement but is in default for 60 days, the City will proceed with shut off of the account.

However, the City’s revised policy would make the following additional changes:
• The City would offer waiver of all accrued late fees, once every 12 months, to any customer that demonstrates that they have a household income below 200 percent of the federal poverty line, or is a recipient of CalWORKs, CalFresh, general assistance, Medi-Cal, Supplemental Security Income/State Supplementary Payment Program, or California Special Supplemental Nutrition Program for Women, Infants, and Children.
• Outstanding balances must typically be repaid within 12 months, rather than 60 days. • A minimum of 20 percent of the outstanding balance will be due at time of the signing of the payment plan unless the customer demonstrates an unusual hardship. • Disconnection notices will be given in multiple languages, as required by law. Notice requirements have been streamlined to minimize the number of written notices required, but the Water Department will continue to make good faith efforts to notify customers by phone. • Fees to resume service are $50 during normal business hours and $150 after business hours, as required by SB 998. The policy now provides that such fees shall be annually adjusted for inflation, as authorized by SB 998.

By not adopting the resolution and policy the City would be in violation of SB 998 and other information applicable to federal and state securities laws.

CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:

The recommended action supports Council Goal 1: Maintain and enhance the economic vitality of the community and the financial stability of the City.

CEQA STATUS:

That the recommend action is not a project under the definitions contained in the Guidelines of the California Environmental Quality Act (CEQA) and is therefore exempt from CEQA.

FINANCIAL IMPACT:

Additional staff time to monitor utility billing accounts and maintain compliance with SB 998 will be required. Additionally, the City could see less timely monthly revenues. The exact fiscal impact is unknown at this time.

ATTACHMENT(S):

1. Draft Resolution with Exhibit A (Shut Off Policy)
APPROVAL(S):

Derek Rayner, Public Works Director/City Engineer Approved - Aug 04 2022 Item #7.1.

Gloria Leon, Administrative Services Director Approved - Aug 04 2022 Laura Snideman, City Manager Approved - Aug 08 2022
Marni Rittburg, City Clerk Approved - Aug 08 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, ADOPTING A REVISED SHUT

OFF POLICY FOR NONPAYMENT OF MUNICIPAL UTILITY SERVICES

PROVIDED BY THE CITY OF CALISTOGA
WHEREAS, the Water Shutoff Protection Act (Senate Bill No. 998), adopted in 2018, required that the City of Calistoga adopt a policy and procedures for the discontinuation of residential water services related to non-payment; and
WHEREAS, in April 2020, the City Council passed Resolution No. 2020-024 adopting policy PP 15 “Shut Off Policy for Nonpayment” (the Policy); and WHEREAS, based on changes in law, including AB 148 and SB 155, City staff have reviewed the Policy and recommend the adoption of revisions to extend payment plan terms, authorize increases in fees for inflation as provided by law, and streamline noticing requirements; and
WHEREAS, by not adopting the resolution and policy the City would be in violation of SB 998 and other information applicable to federal and state securities laws; and WHEREAS, additional staff time to monitor utility billing accounts and maintain compliance with SB 998 will be required. The exact fiscal impact is unknown at this time.

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

1. Adopts the revised Shut Off Policy for Nonpayment of Municipal Utility Services Provided by the City of Calistoga as Attached Hereto in EXHIBIT A and included by reference.

PASSED, APPROVED AND ADOPTED this 16th 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 #7.1.

EXHIBIT A
1 City of Calistoga
PP 15 – SHUT OFF POLICY FOR NONPAYMENT
I. POLICY PURPOSE
This policy issued pursuant to the Water Shutoff Protection Act (Senate Bill No. 998 (2019)) discusses the City of Calistoga’s (“City”) practices and procedures for the discontinuation of residential water service.

This policy also enumerates the City’s administrative procedure for the collection of delinquent accounts for residential services, including notifications, fee assignments and discontinuation of service. This policy will be made available to the public on the City's website.

Please contact the City of Calistoga Finance Department by telephone at (707) 942-2754 to discuss options to prevent discontinuation of water service for nonpayment under the terms of this policy.

II. GOVERNING LAW
Government Code §60370 through §60375.5 govern the Finance Department’s collection of delinquent accounts. Furthermore, as an urban or community water system that supplies water to more than 200 service connections, the City of Calistoga Finance Department is further governed by SB 998.

The Finance Department shall ensure that this Policy is posted on its internet website in English, the languages listed in Section 1632 of the Civil Code, and any other language spoken by 10 percent or more of the customers in the water service area. The Finance Department shall also post annually on its website the number of discontinuations of residential service for inability to pay.

III. DELINQUENT ACCOUNTS
A water bill is delinquent if not paid by the close of business on the 25th day of the month following the billing period. Any balance on a bill of $10 or less shall be carried over and added to the next billing period without being assessed any late fees. For all other delinquent accounts, the following rules shall apply to the collection of delinquent accounts.

Late Fees
If full payment for a bill is not received by close of business on the 25th day of the month following the billing period, and the balance due exceeds $10, an interest charge of 5% will be assessed on the unpaid bill. The due date and the amount of the late fee will be displayed prominently on the bill.

Item #7.1.

PP 15 – SHUT OFF POLICY FOR NONPAYMENT
2 | Page
Notice of Delinquency
All written notices required under this Policy shall be provided in English, the languages listed in Section 1632 of the Civil Code, and any other language spoken by 10 percent or more of the customers in the water service area.

The Finance Department shall not discontinue water service for non-payment until payment by the customer has been delinquent for at least 60 days. The Finance Department shall give the customer a first notice of disconnection approximately 30 days in advance but in no event less than seven business days before termination of service for non-payment. The first disconnection notice will be provided in writing and mailed to the mailing address designated on the account. If the mailing address and the address of the property to which water service is provided are different, a second notice will be mailed to the service address and addressed to “Occupant.” The first written disconnection notice will include:
• Customer’s name and address
• Amount that is past due
• Date by which payment of payment arrangements are required to avoid termination of service
• Description of the process to apply for an amortization plan • Description of the process to dispute or appeal a bill • Finance Department phone number and a web link to the Finance Department’s written collection policy
Notice to Residential Tenants/Occupants in an Individually Metered Detached Single-Family Residence
The Finance Department in conjunction with Public Works will make a reasonable, good faith effort to inform the occupants, by means of written notice, when the water service account is in arrears and subject to disconnection at least ten (10) days before water service is shut off. The written notice will advise the tenant/occupant that they have the right to become a customer of the City without being required to pay the amount due on the delinquent account, as long as they are willing to assume financial responsibility for subsequent charges for water service at that address.

For the amount due on the delinquent account to be waived, the tenant/occupant must provide verification of tenancy in the form of a rental agreement or proof of rent payments.

Notice to Tenants/Occupants in a Multi-Unit Complex served through a Master Meter The Finance Department in conjunction with Public Works will make a reasonable, good faith effort to inform the occupants, by means of written notice hung on the door of each residence, when the water service account is in arrears and subject to disconnection at least ten (10) days before water service is shut off. The written notice will advise the tenant/occupant that they have the right to become a customer of the City without being required to pay the amount due on the delinquent account, as long as they are willing to assume financial responsibility for subsequent charge for water service at the addresses Item #7.1.

PP 15 – SHUT OFF POLICY FOR NONPAYMENT
3 | Page
served by the master meter. If one or more of the occupants are willing and able to assume responsibility for the subsequent charges for water service to the satisfaction of the Finance Department, or if there is a physical means, legally available to the Finance Department, of selectively terminating service to those occupants who have not met the requirements for service, the Finance Department will make service available to the occupants who have met those requirements.

If the written first disconnection notice is returned through the mail as undeliverable, the Finance Department will make a reasonable, good faith effort to visit the residence and leave a notice of discontinuance for non-payment.

If a customer enters into a deferred payment or alternative payment arrangement, the Finance Department or Public Works Department shall not disconnect service until the person fails to comply with the terms of the payment arrangement.

In addition to the notice set forth above, the Finance Department will make a reasonable, good faith final effort to notify the customer 48 hours in advance of disconnection of water service for non-payment. The means of notification will be by phone or in written notification.

The 48-hour courtesy call/ written notice is meant entirely as a courtesy and the failure of the Finance Department to send the notice or failure by the customer to receive the notice shall not constitute an acceptable reason for non-payment or delay of disconnection.

Payment Deadline
In order to avoid disconnection, all delinquent water service charges and associated fees must be received by the Finance Department located at 1232 Washington Street in Calistoga by 4:30pm on the day specified in the written disconnection notice, or the customer must have contacted the Finance Department and entered into a deferred or alternative payment arrangement.

IV. DEFERRED PAYMENTS, REDUCED PAYMENTS, AND ALTERNATIVE PAYMENT

ARRANGEMENTS, AND FEE WAIVERS
Waiver of Late Fees
Upon a customer’s request, the City has the discretion to waive an assessed late fee if the customer demonstrates an unusual circumstance or hardship to the City Manager and Administrative Services Director. The City Manager and Administrative Services Director may consider additional forgiveness of late payment penalties under the following circumstances:
• Reliance on erroneous written document or advice. The City will forgive penalties and interest charges due on a transaction if an erroneous document or written advice from the City caused confusion regarding the transaction, resulting in a late payment penalty. • Reasonable cause. The City may forgive late payment penalties if it is found that one’s failure to pay was due to reasonable cause and circumstances beyond their control and occurred notwithstanding the exercise of ordinary care and the absence of willful neglect.
• Demonstrated extraordinary circumstance. It is common for extraordinary circumstances Item #7.1.

PP 15 – SHUT OFF POLICY FOR NONPAYMENT
4 | Page
to occur which reduce one’s ability to pay on time. For example – • Loss of internet connection disallows an Electronic Funds Transfer (ETF) to make a scheduled payment
• Unexpected personal emergency occurs and the person normally responsible for finance/accounting is unable to process payment to the City.

Additionally, the Finance Department shall waive all accrued late fees once every 12 months upon request for any residential customer who demonstrates that they have a household income below 200 percent of the federal poverty line. A customer shall be entitled to this waiver if they can show that any member of the household is a current recipient of CalWORKs, CalFresh, general assistance, Medi-Cal, Supplemental Security Income/State Supplementary Payment Program, or California Special Supplemental Nutrition Program for Women, Infants, and Children, or the customer provides a declaration that the household’s annual income is less than 200 percent of the federal poverty level.

The waiver may be obtained by getting in contact with the City via email at [email protected], or via phone at (707) 942-2754, or by coming in person to the Finance Department at 1232 Washington Street in Calistoga.

Deferred Payments, Reduced Payments and Alternative Payment Plans Any customer who either (1) anticipates that they may be unable to pay for water service within the normal payment period, or (2) has already received a delinquency notice, may request a deferred or alternative payment arrangement to avoid getting late fees or disruption of service.

An Alternative Payment Arrangement may be obtained by getting in contact with the City via email at [email protected], or via phone at (707) 942-2754, or by coming in person to the Finance Department at 1232 Washington Street in Calistoga.

The City shall not discontinue water service for non-payment if a customer has requested and entered a deferred payment or alternative payment plan. A minimum payment of twenty (20) percent of the customer’s outstanding balance will be due at the time of signing a payment plan, unless the customer demonstrates that such amount will result in an unusual hardship. A payment plan will amortize the remaining unpaid balance over a period not to exceed twelve (12) months from the original date of the bill, although the Finance Department may grant a longer period in order to avoid unusual hardship on a case-by-case basis.

Any payments due under a payment plan will be combined with, and subject to, the due date of, the customer’s regular bill. The customer must comply with the terms of the payment plan and remain current as charges accrue in each subsequent billing period. The customer may not request further amortization of any subsequent unpaid charges while paying delinquent charges pursuant to an amortization plan.

Any customer who either (1) anticipates that they may be unable to pay for water service within the normal payment period, or (2) has already received a delinquency notice, may request a deferred payment schedule by getting in contact with the City via email at [email protected], or via phone at (707) 942-2754, or by coming in person to the Finance Department at 1232 Washington Street in Calistoga.

Item #7.1.

PP 15 – SHUT OFF POLICY FOR NONPAYMENT
5 | Page
Disconnection for Failure to Comply with Payment Plan
Failure to comply with the terms of any payment plan for delinquencies offered by the Finance Department for 60 days or more or failure to pay current residential service charges for 60 days or more will result in the issuance of a final disconnection notice. The Finance Department will provide a notice of delinquency under Section III if delinquencies occur for any customers under a payment plan. Additionally, a final disconnection notice will be provided in the form of a door hanger delivered to the premises no less than five business days in advance of discontinuance of service.

The Finance Department will also make a reasonable, good faith final effort to notify the customer 48 hours in advance of disconnection of water service for non-payment. The means of notification will be by phone or in written notification. The 48-hour courtesy call/ written notice is meant entirely as a courtesy and the failure of the Finance Department to send the notice or failure by the customer to receive the notice shall not constitute an acceptable reason for non-payment or delay of disconnection.

IV. DISCONNECTION AND RE-ESTABLISHMENT OF SERVICE
Information
After residential service has been discontinued for nonpayment, the Finance Department will provide the customer with information on how to restore residential service via a phone call.

The meter will be locked in the off position if payment is not received within 7 days of initial disconnection.

Re-Establishment of Service
A customer seeking to restore residential service will be charged a fee as set forth below to re-establish service in the billing system regardless of whether the meter has been physically turned off or locked off.

Re-establishment of Service During Regular Business Hours In order to resume or continue service that has been disconnected for non-payment during regular business hours from 8:00am to 4:30pm, a fee of $50.00 applies. The Finance Department adjust this fee annually for changes in the Consumer Price Index beginning January 1, 2021.

The Finance Department will endeavor to have Public Works reconnect the service as soon as possible, but at a minimum, will restore service before the end of the next regular working day following payment of any past due amount and delinquent fees attributable to the termination of service.

Re-establishment of Service After Business Hours
Service restored after 4:30pm Monday through Friday, weekends, or holidays will be charged an after-hours re-establishment fee of $150.00. The Finance Department shall adjust this fee annually for changes in the Consumer Price Index beginning January 1, 2021.

Service will not be restored after regular business hours unless the customer has been informed of the after-hours re-establishment fee and has signed an agreement or verbally acknowledges the fee and agrees to contact the City’s billing department no later than noon the following business day to pay the subject fee.

Item #7.1.

PP 15 – SHUT OFF POLICY FOR NONPAYMENT
6 | Page
Public Works Department staff responding to service calls are not permitted to collect payment but will instruct the customer to contact the Finance Department before noon the following business day. Customers can call the Police Department after 4:30pm Monday through Friday, weekends, or holidays at (707) 942-2810 to re-establish service. Procedures and fees remain the same as noted above.

Meter Tampering - Fees, Shutoff, and Damage
When directed by the Finance Department, the Public Works Department will disconnect water service by turning off, and in some cases locking off, the meter. Water service that is turned on by any person other than Public Works Department personnel or without Public Works Department authorization may be subject to fines of $150.00 per incident for meter tampering and shall be subject to having their water service immediately shut off without further compliance any notice requirements under this Policy. Additionally, if any damage to water meters, water lines, or other utility property occurs, the customer causing such meter damage shall be liable for all costs of repair, which may include any costs billed to the City by a contractor and the City’s actual costs related to overseeing the contractor, or the current hourly billing rate for staff and equipment if work is performed by City staff.

Notification of Disposition of Returned Checks
Upon receipt of a returned check taken as payment of water service or other charges, including for costs of reconnection, the Finance Department will consider the account unpaid and it shall remain subject to immediate disconnection. The Finance Department will make a reasonable, good faith effort to provide a last 48-hour courtesy notice of termination of service due to any returned check. Water service will be disconnected if the amount of the returned check and the returned check charge are not paid on or before the date specified in such notice. The means of notification will be by phone.

All amounts paid to redeem a returned check and to pay the returned check charge must be in cash, credit card or certified funds.

Any customer issuing a non-negotiable check as payment to restore service turned off for nonpayment will be required to pay cash, credit card or certified funds to restore future service disconnections for a period of 12 months from the date of the returned payment.

V. APPEALS
A customer disputing a bill must follow the procedure set forth in Chapter 13.10 of the Calistoga Municipal Code pertaining to Appeals. Chapter 13.10 provides that appeals must filed with the City Clerk no later than (10) ten days after a delinquency notice has been issued to the customer. The appeal must be in writing, and can be transmitted via email at, [email protected] or via fax at (707) 942-2831, or by coming in person to the Finance Department at 1232 Washington Street in Calistoga between the hours of 8:00am4:30pm Monday through Friday. The appeal will be considered by the City Manager. A customer may appeal from the City Manager’s decision to the City Council by providing a written notice of appeal to the City Clerk within 10 days of the City Manager’s decision.

If a customer disputes the water bill and exercises their right to appeal, the Finance Department will not disconnect water service for non-payment while the appeal is pending.

Item #7.1.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Laura Snideman, City Manager
Meeting: City Council - Aug 16 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 #7.2.

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 #7.2.

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
all use of city
facilities

3. In-kind staff
coordination
time
4552
Item #7.2.

Resolution No. 2022-0XX

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 16th 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.

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 #7.2.

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 #7.2.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Laura Snideman, City Manager
Meeting: City Council - Aug 16 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 #7.3.

Laura Snideman, City Manager Approved - Jul 12 2022
Marni Rittburg, City Clerk Approved - Jul 12 2022
Item #7.3.

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 16th 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 #7.3.

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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 #7.3.

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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 #7.3.

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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 #7.3.

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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 #7.3.

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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 #7.3.

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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 #7.3.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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 #7.3.

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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 #7.3.

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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.

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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 #7.3.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Marni Rittburg, City Clerk
Meeting: City Council - Aug 16 2022
Subject: Designation of Voting Delegates for the League of California Cities Annual Business Meeting
DESCRIPTION:

Consider adopting a Resolution confirming the appointment of ________________ as voting delegate and __________ as alternate voting delegate to vote at the League of California Cities Annual Business Meeting to be held on Friday, September 9, 2022.

RECOMMENDATION:

Consider adopting Resolution.

BACKGROUND/SUMMARY:

Each September/October, the League of California Cities hosts its Annual Conference & Expo. An important part of the Annual Conference is the Annual Business Meeting, held during General Assembly, on the last day of the conference. At this meeting, the League membership considers and takes action on resolutions that establish League policy.

In order to vote at the Annual Business Meeting, the City Council must designate, by Resolution, a voting delegate. The Council may designate up to two alternate voting delegates, one of whom may vote in the event that the primary voting delegate is unable to serve in that capacity. Designated Voting Delegates and Alternates must be registered to attend the Annual Conference.

CEQA STATUS:

This item is exempt.

FINANCIAL IMPACT:

Typically, the cost for each delegate to attend the League of California Cities Annual Conference is approximately $1,385 per person ($650 for registration and $735 for travel expenses). Funds for professional development and training are included in the FY 2022-23 Budget.

ATTACHMENT(S):

Attachment 1 - RESO Voting Delegates Updated
Attachment 2 - Letter from League of Cities
APPROVAL(S):

Item #7.4.

Laura Snideman, City Manager Approved - Aug 09 2022
Marni Rittburg, City Clerk Approved - Aug 09 2022
Item #7.4.

RESOLUTION NO. 2022-0XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALISTOGA, COUNTY OF NAPA, STATE OF CALIFORNIA,
APPOINTING ________________ AS VOTING DELEGATE AND
_____________ AS ALTERNATE VOTING DELEGATE TO VOTE AT
THE 2022 LEAGUE OF CALIFORNIA CITIES ANNUAL BUSINESS

MEETING
WHEREAS, the League of California Cities will hold its Annual Conference and Expo Wednesday, September 7, 2022, through Friday, September 9, 2022; and
WHEREAS, an important part of the Annual Conference is the Annual Business Meeting, held during General Assembly on the last day of the conference; and
WHEREAS, League membership considers and takes action on resolutions that establish League policy during the Annual Business Meeting; and
WHEREAS, the League’s procedures dictate that to vote at the Annual Business Meeting, participating cities must designate a voting delegate through City Council action; and
WHEREAS, funds for professional development and training are included in the adopted FY 2022-23 Budget under accounts 01-4110- ___ (Vice Mayor or Councilmember_____________) and 01-4110-____ (Councilmember ____________).

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY
COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY appoint
_______________ as the voting delegate and Councilmember __________ as the alternate delegate for the 2022 Annual Business Meeting.

PASSED, APPROVED AND ADOPTED this 16th 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:

Item #7.4.

ATTEST: APPROVED:
____________________________
__________________________
Marni Rittburg, CMC, City Clerk Chris Canning, Mayor
Item #7.4.

LEAGUE OF

CALIFORNIA
CITIES
DATE: June 1, 2022
Council Action Advised by August 31, 2022
TO: City Managers and City Clerks
RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES

RECEIVED
JUN 14 ?022

CITY CLERK
League of California Cities Annual Conference & Expo -September 7-9, 2022 Cal Cities 2022 Annual Confer~nce & Expo is scheduled for September 7-9, 2022 in Long Beach. An important part of the Annual Conference is the Annual Business Meeting (during General Assembly) on Friday, September 9. At this meeting, Cal Cities membership considers and acts on resolutions that establish Cal Cities policy.

In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity.

Please complete the attached Voting Delegate form and return it to Cal Cities office no later than Friday, September 2. This will allow us time to establish voting delegate/alternate records prior to the conference.

Please view Cal Cities' event and meeting policy in advance of the conference. • Action by Council Required. Consistent with Cal Cities bylaws, a city's voting delegate and up to two alternates must be designated by the city council.

When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken, or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. • Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration will open by June l on the Cal Cities website. In order to cast a vote, at least one voter must be present at the Business Meeting and in possession of the voting delegate card. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the Voting Delegate Desk. This will enable them to receive the special sticker on their name badges that will admit them into the voting area during the Business Meeting. l 400 K Street, Suite 400, Sacramento, CA 95814 • 91 6.658.8200 • calcit1es.org Item #7.4.

. LEAGUE OF

CALIFORNIA
CITIES
• Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official. • Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. If the voting delegate and alternates wish to sit together, they must sign in at the Voting Delegate Desk and obtain the special sticker on their badges.

The Voting Delegate Desk, located in the conference registration area of the Long Beach Convention Center, will be open at the following times: Wednesday, September 7, 8:00 a.m. - 6:00 p.m.; Thursday, September 8, 7:00 a.m. - 4:00 p.m.; and Friday, September 9, 7:30 a.m.-12:30 p.m. The Voting Delegate Desk will also be open at the Business Meeting on Friday, but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city's voting delegate and alternates.

Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Friday, September 2. If you have questions, please call Darla Yacub at (916) 658-8254.

Attachments:
• Annual Conference Voting Procedures
• Voting Delegate/Alternate Form
1400 K Street, Suite 400, Sacramento, CA 9581 4 & 91 6.658.8200 • calcities.org Item #7.4.

LEAGUE OF

CALIFORNIA
CITIES
Annual Conference Voting Procedures
l. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the Business Meeting.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city's voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is neither a voting delegate or alternate.

6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card will sit in a designated area. Admission will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate.

7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting.
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org Item #7.4.

LEAGUE OF

CALIFORNIA
CITIES
2022 ANNUAL CONFERENCE

VOTING DELEGATE/ ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Friday, September 2. 2022. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.

To vote at the Annual Business Meeting (General Assembly), voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the - designation reflects the action taken by the council.

Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting Delegate Desk.

1. VOTING DELEGATE
Name: - ------------ Title: _ _ _ _ _ _ _ _ _ _ _ __ _

2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE· ALTERNATE Name: Name: ---- --------- ------ ---- --
Title: Title: - - - - - - -------- --------- ----

ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).

Name: Email - --- - --- ------- --------------
Mayor or City Clerk~ - - -------Date _ ___ _ Phone _ ____ _ (circle one) (signature) Please complete and return by Friday, September 2, 2022 to:

Darla Yacub, Assistant to the Administrative Services Director E-mail: [email protected]; Phone: (916) 658-8254
II
Item #7.4.