Mayor
Chris Canning
Vice Mayor
Irais Lopez-Ortega
Councilmembers
Lisa M. Gift
Gary Kraus
Donald Williams
AGENDA
City Council - Regular Meeting
Tuesday, September 20, 2022 - 6:00 PM
Virtual
* COVID-19 NOTICE *
THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 54953 (AS AMENDED BY AB 361) WHICH AUTHORIZES TELECONFERENCED MEETINGS UNDER THE BROWN ACT DURING CERTAIN PROCLAIMED STATES OF EMERGENCY. THE GOVERNOR OF CALIFORNIA PROCLAIMED A STATE OF EMERGENCY RELATED TO COVID-19 ON MARCH 4, 2020.
THIS TELECONFERENCED MEETING IS NECESSARY SO THAT THE CITY CAN CONDUCT ESSENTIAL BUSINESS AND IS PERMITTED UNDER GOVERNMENT CODE 54953 IN ORDER TO PROTECT PUBLIC HEALTH AND SAFETY OF ATTENDEES.
Consistent with Government Code Section 54953, this City Council Meeting will be held via teleconference only, and will not be physically open to the public. Councilmembers and staff will teleconference into the meeting by audio and/or video. The meeting will be conducted via Zoom Webinar.
Below is information on how the public may observe and participate in the meeting. The City recognizes that not all residents have the same ways to stay engaged, so several alternatives are offered.
Please participate in the meeting by observing or listening to the meeting in one of the following ways:
1. Watch on your TV – Napa Valley TV Channel 28 (call your cable provider to ensure you have a City of Calistoga coded cable box)
2. Listen or participate via your phone – dial 1-669-900-6833, enter webinar ID: 829-0729-5419, password: 123201
3. Watch or participate online via Zoom - click this link and enter password: 123201
4. Watch online via YouTube Live at youtube.com/cityofcalistoga COMMENT ON THIS MATTER DURING THE MEETING: Please participate in the meeting by providing public comment on any item on the agenda or any item of municipal concern. To comment during a virtual meeting (Zoom), click the "Raise Your Hand" button to request to speak when Public Comment is being taken on the Agenda item. You will be unmuted when it is your turn to make your comment for up to 3 minutes. After allotted time, you will be re-muted. Instructions for how to "Raise Your Hand" are available at:
https://support.zoom.us/hc/en-us/articles/205566129-Raise-Hand-In-Webinar.
WRITTEN COMMENTS: Alternatively, you may provide public comment on any item on the agenda or any item of municipal concern via email. Please submit your comment, limited to 350 words or less, via email to [email protected]. Written public comments submitted by email should clearly indicate the Agenda Item No. or specify “Oral Communications” in the Subject Line for items not on the agenda and are requested to include the submitter’s full name. Comments received by 4:00 p.m. on the day of the meeting will be posted online with the agenda packet and included in the record but will not be read aloud. Comments received after 4:00 p.m. will be made part of the written record but will not be read verbally at the meeting. The City of Calistoga thanks you in advance for taking all precautions to prevent spreading the COVID-19 virus. Note: The methods of observing or listening to the meeting or providing public comments may be altered or the meeting may be cancelled, if needed, due to certain technical disruptions.
Page
1. CALL TO ORDER – ROLL CALL - SALUTE TO THE FLAG
2. ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS This time is set aside to receive comments from the public regarding matters on the Consent Calendar or matters of municipal concern not on the agenda.
Pursuant to Government Code section 54954.3 (the Brown Act), however, the Council cannot consider any issues or take action on any requests during this comment period. Speakers are encouraged to limit their comments to 3 minutes maximum so that all speakers have an opportunity to address the City Council.
2.1. Public Comments Non-Agenda Items - Redacted 4 - 8
2.2. Public Comment - Non-Agenda Item - Redacted 9 - 11
3. ADOPTION OF MEETING AGENDA
4. CITY MANAGER’S REPORT
5. PROCLAMATIONS/PRESENTATIONS/ AWARDS
5.1. Updating the City Council on Private Roads
Recommended Action: No action by the City Council necessary, just receive the presentation.
Staff Report - Private Roads Presentation - Pdf
12 - 19
6. CONSENT CALENDAR
6.1. Consider adopting a Resolution that:
1. Authorizes the City Manager to execute the amended and restated Master Funding Agreement between Napa Valley Transportation Authority-Tax Agency and the City of Calistoga.
Recommended Action: Consider adopting Resolution.
Staff Report - Amended and Restated Measure T Master Funding Agreement with The Napa Valley Transportation Authority – Tax Agency (NVTA-TA) - Pdf
20 - 72
6.2. 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 (AB 361) - Pdf 73 - 78
6.3. Consider adopting a Resolution that:
1. Authorizes the City Manager to execute a purchase order with Topshelf Paint, Inc. to paint City Hall, Fire Department and Police Department buildings in an amount not to exceed $150,000.
2. Approves the Project construction budget in the amount of the base bid of $130,000, and a 15% 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 $150,000.
Recommended Action: Consider adopting Resolution.
Staff Report - Authorizing a Purchase Order for Topshelf Paint, Inc. to Paint City Hall, Fire Department and Police Department Buildings - Pdf 79 - 84
7. GENERAL GOVERNMENT
7.1. Consider adopting a Resolution awarding Fiscal Year 2022-23 Community Enrichment Grants and approving a budget adjustment.
Recommended Action: Consider Adopting Resolution
Staff Report - Community Enrichment Grants for Fiscal Year 2022-23 - Pdf
85 - 90
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 September 14, 2022, by 4:30 p.m.
Marni Rittburg
From:
Sent:
To:
Subject:
Jill Albanese
Sunday, September 11, 2022 2:52 PM
Public Comment
Noise Nuisance
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.
Good morning, Calistoga City Council Members
I am writing today with the hope that you might be able to help with a situation that has become an ongoing nuisance and is impacting the quality of life in our neighborhood. Some neighbors have been throwing loud parties with live amplified music for several years, which has been particularly unhealthy lately. For example, neighbors recently threw loud parties that included live bands playing amplified music on August 27, September 2, and September 10. Each weekend the loud music lasted from approximately 5:00 PM until 10:15 PM. The music is so loud that we can't watch TV in our homes, and we certainly can't enjoy our yard or open our windows to let in cool air in the evening. My, neighbors and I have called the police, but they have informed us that there is little they can do to assist.
Last year we had a similar situation in which the neighbors had parties with loud music for several weekends in a row.
After three weeks of dealing with the excessive noise, I called the police and asked if they could ask that the band not play so loud. After the police left, the neighbor came to my house and told me that the police had informed her that their band could play their live amplified music until 10:00 PM. The live band played for six hours, the music was so loud that my windows shook, and the noise registered over 80 decibels in my house. This is not an exaggeration; that was how loud the music was, according to my dB Decibel X iPhone app. I finally approached the neighbor at approximately 10:30 PM and asked if the band could stop playing so loud. Unfortunately, several intoxicated men immediately surrounded me, and I felt like I was in a dangerous situation, so I left. Because of that experience, I feel these situations need to be handled by the police, not left to neighbors to handle on their own.
I hope the City Council can provide some resources to the police that would allow them to enforce Calistoga's noise ordinance. It is my understanding that the City's Noise Ordinance (Municipal Code Section 8.20.020) establishes that it shall be unlawful for any person or business to cause or to be used or operated any mechanical devise or instrument for the intensification or amplification of the human voice or any sound or noise, in any public or private place, in such a manner that the peace and good order of the neighborhood are disturbed unless approved through an established permit process.
In addition, the City's website states, The City of Calistoga has established a code enforcement program to ensure compliance with the City's laws and regulations for land use, zoning, building, housing, and environmental health, The City places a high priority on code compliance as a means of accomplishing adopted community goals, such as maintaining the quality of neighborhoods, avoiding nuisances, and protecting the environment. The code enforcement is 1 Item #2.1.
not intended to be selective or discriminatory against any one individual, group, area, or business. Alleged code violations ore investigated by Staff as they are reported or discovered, and steps are taken to resolve confirmed violations prior to initiation of abatement procedures.
It is my impression that the police do not feel empowered to enforce the noise ordinance in Calistoga. Instead, these incidents seem to be treated as one neighbor complaining about another or "noise complaints". One neighbor told me that a police officer suggested that she could file a lawsuit against the loud neighbor. That seems unreasonable when we have existing laws and codes in place to deal with this very issue. In addition, filing lawsuits or forcing neighbors to confront this issue on their own can lead to clashing among neighbors and could escalate an already bad situation.
I appreciate your willingness to take the time to read this. I enjoy living in Calistoga and love this community, but unfortunately, a few extremely inconsiderate neighbors are making our neighborhood an unhealthy place to live.
Jill Albanese
calistoga, CA
2 Item #2.1.
Marni Rittburg
From:
Sent
To:
Subject
Tuesday, September 13, 2022 11 :40 AM
Public Comment
Change Requested to City Website Listing
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.
Mr. Mayor and Members of the Calistoga City Council
In reviewing the City's website, under resources is a link for the fairgrounds. It improperly points to the website for Celebrate Napa Valley. CNV has no t ies to the fairgrounds property and that link needs to be removed.
I have no problem if a new link is created for Celebrate Napa Valley, maybe under the title of cultural events or some other category. However, I find it extremely offensive that CNV is linked to the fairground's property since some of the very same members involved with that organization were prime contributors to the demise of it as a viable facility.
I request a firm date by either the Council or City Staff of when this change to the website can be made. If the Council acknowledges they don't believe that change is warranted, twill gladly let the local citizens be made fully aware of your decision and let them decide if such a change is appropriate.
Scott Atkinson
Saving cne dog witr ,wt cfi411(J• tFte wcrt'd; Gut sure(y for tfiat one aog, tlie wcrU witr cfiange forever, 1 Item #2.1.
Marni Rittburg
From:
Sent:
To:
Subject:
Ramona Asmus
Tuesday, September 13, 2022 6:38 PM
Public Comment
re bond measure
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.
What is the status of the negotiations- are we near an agreement? What is the time line?
R~ Asmus
Calistoga
Item #2.1.
Marni Rittburg
From:
Sent:
To:
Subject:
Ramona Asmus
Tuesday, September 13, 2022 6:39 PM
Public Comment
Question for special session
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.
MarniIs it too late to ask, can we get a status report on the progress of the property acquisition t ...... ~ " s
1 Item #2.1.
Marni Rittburg
From:
Sent:
To:
Subject:
Attachments:
Kevin Conlon
Saturday, September 17, 2022 11 :57 AM
Public Comment
Tree Mitigation Deposit
City of Calistoga - Receipt - Tree Mitigation Deposit.em! 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.
Hi, Hoping this can be brought up during the next city meeting. In May I had to have two trees removed due to the extreme drought we have experienced the past few years. I was informed by the tree removal company, Pacific Tree, that I would have to pay the city a tree mitigation deposit.
The purpose of this, which no doubt you are aware of, is to ensure I would plant a new tree to replace the removal. Under normal circumstances I would immediately replace the trees however with the continued extreme drought conditions there is no way I would be able to properly water a new planting thus under the current conditions we face I believe this program needs to be temporarily suspended.
Thanks for considering this topic.
Kevin Conlon
1 Item #2.2.
CITY OF CALISTOGA
1232 WASHINGTON STREET
CALISTOGA, CA 9-1515
05/16/2022 H:22:45
card 11
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Caid Code:
CREDIT CARD
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CUSTOMER COPY
Item #2.2.
TP # ________ Page 2
INSTRUCTIONS FOR TREE REMOVAL APPLICATION
This packet contains filing forms and instructions for completing a tree removal application. Calistoga Municipal Code Section 19 should be reviewed for standards associated with tree removal.
PROCESS: Once a complete tree application has been submitted. It w,11 be reviewed by the City Director of Public Works or his representative. This review mc1y tdke up to 10 working days after submission of a complete applicat,on but we strive to process all applications as quickly as possible.
Mitigation measures may be required to offset any tree removal The Director of Public Works or his representative will determine the number of trees that must be planted as mitigation for any tree removal. Determining factors include the remaining trees by their size, age and type.
AS OE JUNE 1,201 ~ • • 11 ! <;atio1 o, ><J~•ll '1JII S250.00 '• 1 .!de, f"l' rn• ,q~t~ 1 1 ~ 11 ·e ~., ll 3 minimum of i-1 gallon container SPECIAL NOTE .,, , t "IJ dct:f' ""' L"1((.) r \ -'' > d ... 1' t, ,D Ian/> I• If work will be performed on or over the public right-of-way, an Encroachment Permit is required. A Encroachment Permit Application may be obtained by going to 1he City's website at www.ci.c.-listoga.ca.us and clicking on "I Want To .. : or pick one up at the Public Works Department.
I SURANCE RE UIREMEru:
Tree Companies:
1. General Liability with a separate endorsement naming the City of Calistoga, its officers, officials, employees and volunteers a.s additional insured.
Note: Should an applicant submit a blanket additional insured separa·re endorsement. signature of this application secures this as an agreement releasing the City of Calistoga of any and all liability with any work performed under this permit.
2. Worker's Compens,;tion.
Homeowners:
1. Copy of homeowner's liabilit y insurance certificate.
If tree mitigation is required, a deposit of $250 /per/ uee will be held unrll rhe new tree(s) have b~en planted or for a period of 60 days. whichever is less. If mitigation is NOT met within 60 days, the deposit will be forfeited unless more time has been approved by Public Works.
T ,e C ty w, to ceot forfe,•ed m•ti9a1,on monil'S 10 bP /pp•,s,red nt<' the cit;' s ,, ,.. fund rh,; fu.,n I JWd ro ~ ar• llt'W trees. ""' Px 51,ng 1nd repfncP e,,stmg crees wich,n our c,cy parh1 Initial: D
The undersigned has read and agrees to comply with all ordinances, regulations and speclncations that may apply. or be required as conditions upon which this permit is issued. ( Please complete this form In its entirety. You may fax, e-mail or hand-deliver this application I Applicant Signature: I Date: I - CITY USE ONLY -
Public Works Comments/Conditions:
FEES: + SOF $ 1.00
Permit Fee: s 10.00 Cash Check# --- Credit Card # Received by:
MWgation Fee: s Mitigation Check# Credit Card: Paid by:
TOTAL FEES: $ Cash _ Check# Credit Card: Initials Date
Certificates/Endorsements on file w it h City: Yes -- No _ _ N/A _ _ (Uti lity) General Liability Expires: Add'I Insured Endorsement Expires:
Worker's Comp Expires: Homeowner's Insurance Expires:
Field Inspected by: Approved by: Date of Issuance:
Denied: Staff lnitials: _ _ Reason:
Item #2.2.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Sep 20 2022
Subject: Private Roads Presentation
DESCRIPTION:
Updating the City Council on Private Roads
RECOMMENDATION:
No action by the City Council necessary, just receive the presentation.
BACKGROUND/SUMMARY:
Staff has prepared a presentation with the intent to inform the council and public of the current status of private roads in Calistoga.
CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:
Goal 3 - Establish Improve and maintain City Infrastructure; Objective 1 - Educate Calistoga Citizens of the cost to maintain and repair streets...utilities.
CEQA STATUS:
The presentation is exempt from CEQA
FINANCIAL IMPACT:
None
ATTACHMENT(S):
Roads Presentation
APPROVAL(S):
Laura Snideman, City Manager Approved - Sep 14 2022
Marni Rittburg, City Clerk Approved - Sep 14 2022
Item #5.1.
1 Calistoga Private Roads
City Council Meeting
Tuesday, September 20, 2022
Item #5.1.
2 Existing Private Roads
Item #5.1.
3 Pictures
• Existing Private
Roads and Utilities
• Home Owner
Associations
• Covenants
Conditions &
Restrictions
• Mitigates City
Financial Burden
• General Plan/CMC
Item #5.1.
4 Pictures
Item #5.1.
5 Pictures
Item #5.1.
6 Pictures
• Liability of private
roads sidewalks
are of the property
owner
• Public sidewalks
• Dedicated
pathways for
access over
through private
roads
Item #5.1.
7 Thank You & Questions?
Picture taken of Kimball Reservoir
on 8-25-2022
36% full, 97af
Item #5.1.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Hamid Heidary, Senior Civil Engineer
Meeting: City Council - Sep 20 2022
Subject: Amended and Restated Measure T Master Funding Agreement with The Napa Valley Transportation Authority – Tax Agency (NVTA-TA)
DESCRIPTION:
Consider adopting a Resolution that: 1.Authorizes the City Manager to execute the amended and restated Master Funding Agreement between Napa Valley Transportation Authority-Tax Agency and the City of Calistoga.
RECOMMENDATION:
Consider adopting Resolution.
BACKGROUND/SUMMARY:
During the November 6, 2012, General Election, the voters of Napa County approved a ½-cent sales tax increase known as Measure T (the Measure), the Napa Countywide Road Maintenance Act of 2012. The Measure became effective on July 1, 2018 and was implemented and administered by the Napa Valley Transportation Authority – Taxing Authority (NVTA-TA).
In order to receive funding, NVTA-TA requested that the City enter into a Master Funding Agreement.
The purpose of the agreement was to document the conditions necessary for the City to receive the Measure T sales tax disbursements. The City Council approved Resolution No. 2018-015 on February 20, 2018, which authorized the City Manager to execute the Master Funding Agreement No. 760.
NVTA-TA has requested to amend and restate the Master Funding Agreement to modify reporting and certification requirements related to Equivalent Expenditures for Class I bike facilities and annual Maintenance of Effort (MOE) certification.
The substantive changes approved by the NVTA-TA Board are reflected in this amended and restated agreement are as follows:
1.The City will be required to submit an annual equivalent fund spending certification by January 31st each year for 6.67% Measure T Equivalent Expenditures for Class I bike facilities. Equivalent Fund Spending Resolution Template was added to the agreement as Exhibit G.
2.The annual Maintenance of Effort certification deadline is moved from January 1 each year to January 31st. The new agreement also removes requiring a copy of the State Controller’s Street Report with the submission of the Maintenance of Effort certification.
CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:
Item #6.1.
The project conforms to Council Goal 3, objective 5- ”Support efforts to fund bridge and street maintenance and repair.”.
CEQA STATUS:
The recommended actions described in this report is not in-and-of-itself a “project” pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15378 since it does not result in a physical change in the environment.
FINANCIAL IMPACT:
There is no immediate financial impact associated with the recommended actions.
ATTACHMENT(S):
1. Draft Resolution
2. Amended and Restated Master Funding Agreement
3. Master Funding Agreement No. 760
APPROVAL(S):
Laura Snideman, City Manager Approved - Sep 12 2022
Marni Rittburg, City Clerk Approved - Sep 13 2022
Item #6.1.
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 THE
AMENDED AND RESTATED MEASURE T MASTER FUNDING AGREEMENT WITH
NAPA VALLEY TRANSPORTATION AUTHORITY (NVTA-TA)
WHEREAS, on November 6, 2012, the voters of Napa County passed the Napa Countywide Road Maintenance Act, also known as Measure T, which imposes a half cent transaction and use (sales) tax to provide supplemental funding for road maintenance as detailed in Ordinance 2012-01 of the Napa Valley Transportation Authority – Taxing Authority (the Measure T Expenditure Plan); and
WHEREAS, the Napa Valley Transportation Authority-Taxing Authority (NVTA-TA) is the designated agency that administers and oversees the Measure T revenues; and WHEREAS, the City of Calistoga is an eligible recipient of Measure T funds; and WHEREAS, on February 20, 2018, the City Council authorized the City Manager by Resolution No. 2018-015 to enter into a Master Funding Agreement with NVTA-TA that outlined procedures for Measure T expenditures; and
WHEREAS, NVTA-TA has requested to amend and restate the Master Funding Agreement to modify reporting and certification requirements related to Equivalent Expenditures for Class I bike facilities and annual Maintenance of Effort (MOE) certification.
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 the amended and restated Master Funding Agreement between Napa Valley Transportation Authority-Tax Agency and the City of Calistoga.
PASSED, APPROVED AND ADOPTED this 20th day of September, 2022. I, MARNI RITTBURG, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
____________________________ __________________________ Marni Rittburg, CMC, City Clerk Chris Canning, Mayor
ATTACHMENT 1
Item #6.1.
AMENDED AND RESTATED MASTER FUNDING AGREEMENT
THE NAPA VALLEY TRANSPORTATION AUTHORITY – TAX AGENCY
AND
THE CITY OF CALISTOGA
NVTA-TA AGREEMENT NO. 2022-06
CITY OF CALISTOGA AGREEMENT NO. 2022-____
This Amended and Restated Master Funding Agreement (“Agreement”) is made this _____ day of ______________, 2022, by and between the Napa Valley Transportation Authority – Tax Agency, a local transportation authority authorized by the provisions of Division 19 of the California Public Utilities Code, hereinafter referred to as “NVTA-TA”, and the City of Calistoga, hereinafter referred to as “City.”
SECTION 1. RECITALS
1. The voters of Napa County approved the Napa Countywide Road Maintenance Act (also known as, and hereinafter referred to as, “Measure T,” “the Measure,” or “Ordinance No. 2012- 01”) at the General Election held on November 6, 2012, thereby authorizing NVTA-TA to administer the proceeds from a one-half cent transaction and use tax.
2. The tax proceeds will be used to pay for the projects eligible under Measure T (Ordinance No. 2012-01 ) submitted by and allocated to the County of Napa and the cities and town within Napa County (“Local Agencies”) as set forth in Measure T as approved by Local Agencies’ Board or Councils and by the NVTA-TA.
3. Under Measure T and the Expenditure Plan, Measure T funds are provided to the Local Agencies to be used for streets and roads maintenance projects as defined in the Measure.
4. The parties previously approved a Master Funding Agreement identified as NVTA-TA Agreement No. 2018-06 and this Agreement completely repeals and replaces Agreement No. 2018-06. This Agreement sets forth all future Measure T sales tax funding requirements, terms, and conditions between NVTA-TA and City.
SECTION 2. PURPOSE OF FUNDING AGREEMENT
This Agreement is entered into by and between NVTA-TA and the City to document the funding conditions necessary for the City to receive sales tax disbursements. This Agreement includes additional documents, listed in Section 30 of this Agreement, which are listed herein for reference.
TERMS
SECTION 3. CLASS 1 BIKE FACILITY FUNDING. In order to receive funding under this Agreement, the Local Agencies must demonstrate to NVTA-TA that they have collectively committed eligible revenues totaling at least 6.67% of the value of the total annual allocations of Measure T funds to Class 1 Bike Facility projects identified in the adopted Countywide Bicycle Plan, as that Plan may be amended from time to time and as provided in the Measure. By January ATTACHMENT 2
Item #6.1.
31st of each calendar year, the City must provide to NVTA-TA a copy of the Equivalent Fund Class I Facilities Expenditure Resolution approved by the City’s governing body, along with backup documentation, showing the qualifying funding spent on Class I facilities for the prior fiscal year.
SECTION 4. MAINTENANCE OF EFFORT. Prior to January 1, 2018, the City determined and certified to NVTA-TA that the average maintenance of effort for Fiscal Years 2007-08, 2008-09 and 2009-10 (“baseline years”) was consistent with the criteria set forth in Section 9 of Ordinance No. 2012-01, certifying a memorandum detailing the supporting financial documentation and the methodology utilized to calculate the average fiscal year street and roads costs. That amount is deemed the City’s “Maintenance of Effort,” which must be maintained annually throughout the term of the Measure from the City’s General Fund. At the beginning of each fiscal year, the City must certify to NVTA-TA that it will meet its Maintenance of Effort expenditures that fiscal year.
By January 31
st each calendar year, the City must provide to NVTA-TA a copy of a Resolution approved by the City’s governing body, along with backup documentation showing that the Maintenance of Effort was met the prior fiscal year. In the event the City does not meet its requirement for local Maintenance of Effort over a three year average period, NVTA-TA shall reduce the City’s allocation for the following fiscal year in an amount equal to the deficiency in the Maintenance of Effort. Any such reduction based on a deficiency in the Maintenance of Effort will be withheld by NVTA-TA until a plan to meet the Maintenance of Effort amount moving forward has been approved by NVTA-TA. Any funds not allocated due to failure to meet the maintenance of effort requirement shall be reserved for the Agency until any and all maintenance of effort expenditures are fulfilled.
SECTION 5. FIVE-YEAR LIST OF PROJECTS. The City has and shall continue to provide to NVTA-TA at least biennially on January 1st, its Measure T five-year list of projects (hereinafter “Project List”).
SECTION 6. ALLOCATION & DISBURSEMENT
No later than the 20th day following the end of each quarter, the City shall be allocated the funding allotted to the City as defined by Measure T, provided the City has complied with the terms of this Agreement. The allocated funds will be disbursed to the City upon NVTA-TA’s determination that the projects are consistent with the City’s approved Project List and in conformance with the Accounting, Reporting and Auditing Guidelines.
SECTION 7. COST ELIGIBILITY
Cost eligibility shall be determined by NVTA-TA based upon the City’s approved Project List.
Funds may be expended only for streets and roads project(s) included on the City’s approved Project List.
SECTION 8. BUDGET AND SCOPE
The City shall maintain a project(s) or program budget. The City shall carry out the project(s) and shall incur obligations against and make disbursements of Measure T revenues in conformity with the requirements of this Agreement and the budget.
SECTION 9. PROJECT MANAGEMENT
Item #6.1.
The City shall be responsible for the project(s) and provide for the management of consultant and contractor activities for which the City contracts, including responsibility for schedule, scope and budget.
SECTION 10. PROJECT OVERSIGHT
The City shall cooperate with NVTA-TA staff or its Measure T consultants for project information and financial information necessary to fulfill the requirements outlined in NVTA-TA Ordinance No. 2012-01.
SECTION 11. ATTRIBUTION AND SIGNAGE
If any portion of Measure T revenues is used for production of reports, acknowledgment of the NVTA-TA’s role shall be included in the documents. If any project(s) funding receives $250,000 or more, the City shall, upon initiation of field work or at the earliest feasible time thereafter, install and maintain a sign or signs at the construction site, utilizing the adopted Measure T logo, text, and project, and identifying the City and NVTA-TA. The City shall demonstrate compliance with attribution and signage requirements as an indispensable condition for authorization of future Measure T allocations. The City may provide signage for projects with a value of less than $250,000 if they so desire.
SECTION 12. PRESS RELEASES
The City shall notify NVTA-TA in advance of any press releases about project(s) and program activities, particularly groundbreakings and ribbon cuttings, in connection to Measure T revenues expended from this Agreement.
SECTION 13. COMPLIANCE WITH LAW
In the performance of its obligations pursuant to this Agreement, the City shall keep itself fully informed of the federal, state and local laws, ordinances and regulations in any manner affecting the performance of this Agreement, and must at all times comply with such laws, ordinances, and regulations as they may be amended from time to time.
SECTION 14. ENVIRONMENTAL COMPLIANCE
The City shall comply with the requirements under the California Environmental Quality Act (California Public Resources Code Sections 21000 et seq.; as implemented through California Code of Regulations Title 14, Chapter 3, Sections 15000 et seq.).
SECTION 15. FINANCES
All costs charged to the project(s) shall be supported by properly prepared and documented time records, invoices, vouchers, or other documentation evidencing in detail the nature and propriety of the charges.
SECTION 16. RECORDS
All checks, payrolls, invoices, contracts, vouchers, journal entries, work orders, or other accounting documents pertaining in whole or in part to the project(s) shall be maintained by the City for a period of five (5) years after the later of project(s) closeout or termination of Agreement.
Item #6.1.
Such project(s) documents shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other similar documents not pertaining to the project(s).
SECTION 17. ELIGIBLE EXPENSES
The City shall expend funds only on eligible direct expenses as follows: operating costs, direct staff time (salary and benefits), material costs related to construction of improvements, consultants; right of way engineering and acquisition costs (including permitting), and competitively bid construction contracts. Indirect costs (as defined by OMB Circular A-87) will not be considered an eligible expense. Funds shall also be expended according to the applicable provisions of Measure T and of the Public Utilities Code Section 180000 et seq.
If in the course of an audit or a semi-annual expenditure review it is determined that an ineligible expense(s) was made, the City will be required to transfer the amount of ineligible expense into the Special Revenue Fund from any source other than Measure T Funds.
NVTA-TA shall provide notice to the City of any audit determination if any expenditure made by the City is found not to comply with this Agreement, the Expenditure Plan or Measure T promptly after NVTA-TA becomes aware of any such finding.
SECTION 18. AUDITS
The City shall cooperate with and allow NVTA-TA’s Auditor, or any of its duly authorized representatives, to inspect all work, materials, payrolls, and other data and records with regard to the Measure T projects, and to audit the books, records, and accounts of the City and its contractors. The City shall see Accounting, Reporting and Auditing Guidelines (Exhibit C).
SECTION 19. THIRD PARTY CONTRACT AUDITS
NVTA-TA reserves the right to request an audit of other third party contracts for any reason related to Measure T. If the City is subject to third party financial audit requirements imposed by another funding source, for a project(s) related to Measure T, copies of audits performed in fulfillment of such requirements shall be provided to the NVTA-TA.
SECTION 20. PROJECT REPORTING AND CLOSEOUT PROCEDURES
The City shall provide to NVTA-TA a Semi-Annual Update on Expenditures as show in Accounting, Reporting and Auditing Guidelines (Exhibit C).
SECTION 21. INDEMNIFICATION
To the fullest extent permitted by law, NVTA-TA and the City shall each defend, indemnify and hold harmless each other as well as their respective officers, agents, employees, volunteers or representatives from and against any and all liability, claims, actions, proceedings, losses, injuries, damages or expenses of every name, kind and description, including litigation costs and reasonable attorney's fees incurred in connection therewith, arising out of or connected with any acts or omissions of that party or its officers, agents, employees, volunteers, or contractors or their subcontractors, when performing any activities or obligations required of that party under this Agreement. Each party shall notify the other party immediately in writing of any claim or damage related to activities performed under this Agreement. The parties shall cooperate with each other in the investigation and disposition of any claim arising out of the activities under this Agreement, Item #6.1.
providing that nothing shall require either party to disclose any documents, records or communications that are protected under peer review privilege, attorney-client privilege, or attorney work product privilege.
SECTION 22 INTEGRATION
This Agreement represents the entire agreement of the parties with respect to the subject matter thereof. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in other contemporaneous written agreements.
SECTION 23. AMENDMENT
Except as otherwise provided herein, this Agreement may not be changed, modified or rescinded except in writing, signed by all parties hereto, and any attempt at oral modification of this Agreement shall be void and of no effect.
SECTION 24. INDEPENDENT AGENCY
The City performs the terms and conditions of this Agreement as an entity independent of NVTATA. None of the City’s agents or employees shall be agents or employees of NVTA-TA. No third parties have any rights or remedies under this Agreement.
SECTION 25. ASSIGNMENT
The Agreement may not be assigned, transferred, hypothecated, or pledged by any party without the express written consent of the other party.
SECTION 26. BINDING ON SUCCESSORS, ASSIGNEES OR TRANSFEREES This Agreement shall be binding upon the successor(s), assignee(s) or transferee(s) of NVTA-TA or the City, as may be the case. This provision shall not be construed as an authorization to assign, transfer, hypothecate or pledge this Agreement other than as provided above.
SECTION 27. LEGAL EXPENSES
Each party shall be solely responsible for and shall bear all of its own respective legal expenses in connection with any dispute arising out of this Agreement and the transactions hereby contemplated. The City may not use Measure T funds, or other NVTA-TA or NVTA programmed funds, for the aforementioned purpose.
SECTION 28. SEVERABILITY
Should any part of this Agreement be declared unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decisions shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect; provided that the remainder of this Agreement can, absent the excised portion, be reasonably interpreted to give effect to the intentions of the parties.
SECTION 29 ACCEPTANCE OF ALLOCATION
Item #6.1.
The City does hereby declare that all written statements, representations, covenants, and materials submitted as a condition of this Agreement are true and correct and does hereby accept NVTA-TA’s allocations and agrees to all of the terms and conditions of this Agreement. The parties have executed this Agreement as of the date first written above, and it shall remain in effect until such time as no Measure T revenues remain available for expenditure, or until this Agreement is rescinded in accordance with Section 23 of this Agreement.
SECTION 30. EXHIBITS
The following Exhibits are hereby referenced to provide guidance to the jurisdictions and Measure T process and procedures:
EXHIBIT A: Measure T Ordinance and Expenditure Plan
EXHIBIT B: Five-Year Project List Template
EXHIBIT C: Accounting, Reporting and Auditing Guidelines EXHIBIT D: Project List Adoption Resolution Template
EXHIBIT E: Progress Report Template
EXHIBIT F: MOE Certification Resolution Template
EXHIBIT G: Equivalent Fund Spending Resolution Template Napa Valley Transportation
Authority – Tax Agency
By: _______________________________ Date: ________________ Kate Miller
NVTA-TA Executive Director
"RECIPIENT”
By: ________________________ Date: ____________________ Laura Snideman, City Manager
Attest: Countersigned:
By:________________________ By:_______________________
Marni Rittburg, City Clerk XXXX, City Auditor-Controller Item #6.1.
Approved as to form:
By:_________________________ By: ______________________ Michelle Kenyon, City Attorney Osman I Mufti, General Council Item #6.1.
NAPA VALLEY TRANSPORTATION AUTHORITY (NVTA)
ORDINANCE NO. 2012-01
NAPA COUNTYWIDE ROAD MAINTENANCE ACT
IMPOSING A TRANSACTION AND USE TAX
TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION
The Napa Valley Transportation Authority (the "Authority") ordains as follows:
SECTION 1. TITLE: This Ordinance shall be known and may be cited as the Napa Countywide Road Maintenance Act, hereinafter referred to as the Ordinance. This Ordinance establishes a retail transactions and use tax for a twenty-five year period commencing July 1, 2018, or upon early termination of the Measure A Flood Protection tax provided however that should the Flood Protection tax be extended by a vote of the electorate then this measure will not take effect until the expiration of such extension.
SECTION 2. EXPENDITURE PLAN PURPOSES: This Ordinance provides for the implementation of the Napa Valley Transportation Authority Transportation Improvement Expenditure Plan (the "Expenditure Plan") which will provide funding resulting in countywide local street and road improvements. This funding program will ensure improved maintenance of currently under-funded local community streets and supporting infrastructure (e.g., sidewalks, gutters, curbs) within the public right-of-way.
These improvements shall be funded by a one-half of one percent transactions and use tax established for a twenty-five year period commencing July 1, 2018, or upon expiration of the Measure A Flood Protection tax as expressed in Section 1 above. The revenues shall be deposited in a special fund, used solely for the identified improvements as provided herein, and made available to the agencies responsible for the improvements for all purposes necessary for the approval and implementation of the tasks. Notwithstanding any other provision of this Ordinance, identified improvements (the "projects" or "programs") that are eligible to receive revenues from the tax are described in the Expenditure Plan, which Expenditure Plan is hereby incorporated by reference as if fully set forth herein.
SECTION 3. EXPENDITURE PLAN SUMMARY: The revenues received by the Authority from this Ordinance, after deduction of required Board of Equalization costs for performing the functions specified in Section 180204(b) of the Public Utilities Code, reimbursing the County of Napa for its cost in conducting the election if the measure is approved per Section 180203(a) of the Public Utilities Code, administration (Section 12 A), and the costs of the annual financial and biennial performance audits (Section 11), shall be used to fund the improvements set forth herein. In the event the measure does not pass, the costs for conducting the election shall be borne by the Authority. A summary of the projects and programs that are eligible to receive this funding is provided in the following sections. All funding and revenues are expressed in 2011 dollars. The annual revenues shall be allocated as follows:
A. Local Streets and Roads Maintenance Program: Subject to Paragraph B, of the annual revenues available, ninety-nine percent (99%) shall be allocated on a
EXHIBIT A
Item #6.1.
fair and equitable basis (pursuant to the distribution formula set forth below) to each city, town, and the county (hereinafter referred to individually as Agency and collectively as Agencies) to provide revenue for such projects and to supplement, but not supplant, other revenues available for the Local Streets and Road Maintenance Program. The revenues allocated to each Agency under this Section 3(A) must be used for maintenance, reconstruction or rehabilitation of local streets, roads, and infrastructure within the public right-of-way. Total estimated funding= $282.15 million (2011 dollars).
1) The revenue allocated to the Local Streets and Roads Maintenance Program shall be allocated to, and expended by, each Agency pursuant to the following distribution formula:
a. To the City of American Canyon 7.7% of the annual revenues available. b. To the City of Calistoga 2.7% of the annual revenues available. c. To the City of Napa 40.35% of the annual revenues available. d. To the County of Napa 39.65% of the annual revenues available. e. To the City of St. Helena 5.9% of the annual revenues available. f. To the Town of Yountville 2.7% of the annual revenues available.
Net revenues, plus interest earned, shall be apportioned to the Agencies' transportation improvement account on a quarterly basis.
B. Once this measure becomes operative, in order to receive annual allocations under this measure, the Agencies (collectively) must demonstrate that at least six and sixty-seven one-hundredths percent (6.67%) of the value of the allocations each year under Section 3(A) has been committed to Class I Bike lane project(s) identified in the adopted Countywide Bicycle Plan, as that Plan may be amended from time to time, through funding not derived from this Ordinance. This obligation may be fulfilled by the NCTPA and NVTA in programming Congestion Mitigation and Air Quality Improvement (CMAQ) funding (or its successor), plus other local or formula specific funds, in an amount that equals 6.67% over the term of this ordinance. Funding for Class I Bike lane projects that are funded by philanthropy, state discretionary funding or federal discretionary funding shall not count toward the six and sixty-seven one-hundredths percent (6.67%). As used in this Section, discretionary funding means any funding that is not tied to a specific state or federal program or formula.
C. Administration: Actual costs, not to exceed one percent (1 %) of the annual revenue, may be used for administration of this Ordinance by the Authority. Total estimated funding = $2.82 million (2011 dollars).
2 Item #6.1.
SECTION 4. IMPOSITION OF RETAIL TRANSACTIONS AND USE TAX: In addition to any other taxes authorized by law, there is hereby imposed in the incorporated and unincorporated territory of the County of Napa, in accordance with the provisions of Part
1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code, and Sections 7261 and 7262 of the Revenue and Taxation Code except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code, and Division 19 of the Public Utilities Code commencing with Section 180000, which provisions are adopted by reference, a retail transactions and use tax at the rate of one-half of one percent (1/2%) for a twentyfive year period commencing July 1, 2018, or upon expiration of the Measure A Flood Protection tax, which tax shall be in addition to any existing or future authorized state or local transactions and use tax.
SECTION 5. CONTRACT WITH STATE: The Authority shall notify the State Board of Equalization at least 11 0 days prior to the operative date and shall contract with the State Board of Equalization to perform all functions incident to the administration and operation of this transactions and use tax Ordinance, provided that if the Authority shall not have contracted with the State Board of Equalization prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract.
SECTION 6. EXPENDITURE PLAN PROCEDURES:
A. Each Agency shall biennially develop and submit to the Authority a five-year list of projects to be funded with revenues made available for the Local Streets and Roads Maintenance Program (Section 3(A)). Each Agency shall conduct a local public hearing and adopt a Resolution in support of the proposed list of projects prior to submitting the project list to the Authority pursuant to Section 7.
B. In the allocation of all revenues made available under Section 3, the Authority shall make every effort to maximize state, federal, and local transportation funding to the Agencies. The Authority may amend the Expenditure Plan in accordance with Section 21 as needed to maximize the transportation funding available throughout the county. It is also the intent of the Authority to encourage the purchase of goods and services for the projects described in Section 3 from suppliers based in Napa County.
C. The Agencies and the Authority shall fully consider the needs of non-motorized travelers, including pedestrians, bicyclists and persons with disabilities, in all planning, maintenance, construction, operations and project development activities and products. Projects funded in full or in part with Authority revenues shall not remove or reduce existing facilities for bicycling or pedestrians.
SECTION 7. PROJECT PROGRAMMING APPROVAL: Prior to the operative date of the tax, and biennially thereafter, the Authority shall approve a five-year list of projects eligible to be funded with the revenues made available under Section 3 herein, provided that the submittal meets all of the requirements of this Ordinance and funding is, or is 3 Item #6.1.
estimated to be, available. Prior to Authority approval, the Independent Taxpayer Oversight Committee shall consider each Agency's biennial five-year list of projects and make a finding that such projects are consistent with the intent of the measure, and make a recommendation on which of the items on those project lists should be approved to the Authority.
SECTION 8. COOPERATIVE FUNDING AGREEMENTS: To max1m1ze the effectiveness of the retail transactions and use tax revenues, the Authority and/or Agency(ies) may loan revenues actually received, allocated or granted to any public agency within the area of jurisdiction of the Authority provided that the percentage of revenues allocated as provided in Section 3 is maintained over the duration of the Ordinance. Any exchange or loan agreement must include detailed repayment provisions, including appropriate interest earnings based upon the current treasury rate of interest. All loans and/or exchanges must be approved by the Authority's Auditor and by the Authority by a majority vote, and shall be consistent with any and all rules approved by the Authority relating thereto.
SECTION 9. MAINTENANCE OF EFFORT: It is the intent of the State Legislature and the Authority that revenues provided from this Ordinance be used to supplement, not supplant, existing local general fund revenues being used for the transportation improvements described in the Expenditure Plan (see Attachment 1 ). Each Agency receiving revenues pursuant to Section 3 shall annually maintain, as a minimum, the "maintenance of effort" as defined in this Section 9. The maintenance of effort shall be maintained at the same level that local general fund revenues were expended on average for fiscal years 2007/08, 2008/09 and 2009/10 for Local Streets and Roads Maintenance and supporting infrastructure within the public right-of-way for pavement sealing, overlays, reconstruction, associated infrastructure, as required, excluding any local revenues expended for the purpose of storm damage repair as verified by an independent auditor. One-time allocations that have been expended for Local Streets and Roads Maintenance, but which may not be available on an ongoing basis shall not be considered when calculating an Agency's annual maintenance of effort. Prior to the operative date, Agencies shall determine and certify to the Authority the Agency's average maintenance of effort for the 2007/08, 2008/09 and 2009/1 0 fiscal years. Prior to the beginning of each fiscal year thereafter, Agencies shall certify to the Authority that the maintenance of effort requirement required by this Section will be met that fiscal year, copies of which shall be provided to the Authority Auditor. Any Agency that does not meet its local maintenance of effort requirement for a three year average period shall have its funding under Section 3 the following year reduced by the amount the Agency did not meet its required average maintenance of effort level for the three prior years. Any funds not allocated due to failure to meet the maintenance of effort requirement shall be reserved for the Agency until any and all maintenance of effort expenditures are fulfilled.
SECTION 10. PRIVATE SECTOR FUNDING: Revenues provided from this measure shall not be used to replace private developer funding that has been or will be committed for any project to help alleviate the direct traffic impacts of any new or redeveloped residential, commercial or industrial development in Napa County or its cities.
4 Item #6.1.
SECTION 11. INDEPENDENT TAXPAYER OVERSIGHT COMMITTEE:
A. ITOC Goal and Functions: Voter adoption of this transportation retail transactions and use tax Ordinance shall result in creation of the Independent Taxpayer Oversight Committee ("ITOC") upon the operative date of this tax. The ITOC shall remain in existence for so long as the tax herein exists. The ITOC shall review the fiscal and program performance of the retail transactions and use tax transportation program through a biennial performance audit to ensure that all transportation retail transactions and use tax revenues are spent by the Authority in accordance with all provisions of the voter-approved Expenditure Plan and Ordinance. The ITOC's secondary mission is to provide positive, constructive advice to the Authority on how to improve implementation over the twenty-five year course of the program; this role shall include consideration by the ITOC of the biennial project lists submitted by the Agencies under Section 6.
Up to $70,000 per year, with adjustments for inflation based on the Consumer Price Index, may be used for activities necessary to the ITOC as described in this Section 11, including financial and performance audits of the Authority and the Agencies receiving revenue from the Authority.
B. Audit Requirement: The ITOC shall oversee the independent financial audit of the Authority and the financial and performance audits of the Agencies, which shall be performed in accordance with generally accepted auditing standards and Government Auditing Standards issued by the Comptroller General of the United States and performance goals adopted by the Authority consistent with Public Utilities Code Section 180000 et seq. The audits shall include the basic financial statements of the Authority as defined by the Governmental Accounting Standard Board pronouncement No. 34 and the performance of all aspects of the program based on the specific performance goals adopted by the Authority. The ITOC audit shall not relieve the Authority from performing its auditing obligations as imposed by law.
1) Role of Fiscal and Performance Audit and the ITOC:
a. The ITOC shall, under the procurement rules of the Authority, jointly recommend with the active involvement of the Executive Director and the Authority Auditor, an independent California Certified Public Accountant to conduct an annual financial audit of the Authority pursuant to the provisions of this Ordinance, report findings based on the audit to the Authority, and to recommend any additional considerations which the ITOC believes may improve the financial operation while meeting all voter mandates.
b. The ITOC shall, under the procurement rules of the Authority jointly recommend with the active involvement of the Executive Director and the Authority Auditor, retention of an independent California Certified Public Accountant to conduct a biennial performance audit of the Agencies, pursuant to the provisions of this Ordinance, report findings based on the 5 Item #6.1.
audits to the Authority, and recommend any additional considerations which the ITOC believes may improve the integrity of program implementation while meeting all voter mandates.
c. The ITOC shall review each Agency's annual independent financial audit, . report relevant findings based on the audits to the Authority, and recommend any changes which the ITOC believes may improve the financial operations while meeting all voter mandates.
d. The Authority shall hold a publicly noticed meeting annually, which may be a regular or special Authority Board meeting, with the direct participation of the ITOC, to consider the findings and recommendations of the audits.
A report of the findings and recommendations of each audit by the ITOC shall be made readily available to the public in print and on the Authority's electronic website.
e. The Authority shall publish a biennial report to the community to be published at the expense of tax revenues in all local Napa County newspapers of general circulation.
C. Membership and Selection Process
1) The Authority shall develop an open selection process, actively recruit, and appoint seven (7) Committee members who shall be residents of the County of Napa possessing the following credentials:
a. One member who is a professional, retired or active, in the field of municipal audit, finance and/or budgeting with a minimum of five years in a relevant and senior decision-making position in the public or private sector.
b. One member who is a licensed civil engineer, retired or active, with at least five years of demonstrated experience in the fields of transportation in government and/or the private sector.
c. One member who is a Certified Public Accountant (CPA) and experienced in financial audits.
d. One member shall be a representative of a Napa region Chamber of Commerce.
e. One member from a bona fide taxpayers association.
f. Two members from the public at-large.
2) The Chair and the Executive Director of NCTPA, the Chair of the Napa County Transportation and Planning Agency Technical Advisory Committee, 6 Item #6.1.
and the County Auditor-Controller shall serve as non-voting ex-officio members of the ITOC.
D. Terms and Conditions for Committees
1) The voting Committee members shall serve a two, three, and four year term, determined by the drawing of lots. Thereafter, Committee members shall serve four-year terms.
2) The Authority shall develop by-laws for the operation of the ITOC. The ITOC members shall receive a stipend of $250 per quarterly meeting and no other payment shall be made for any purpose. This stipend will increase by $50 per quarterly meeting every five years. A position on the Committee shall become vacant as a result of a member failing to attend two consecutive meetings.
3) The voting Committee members cannot be current local elected officials in Napa County or a full time staff member of any city, town, or county government, a local transit operator, or state transportation agency. 4) Non-voting ex-officio Committee members shall serve only as long as they remain incumbents in their respective positions and shall be automatically replaced by their successors in those positions.
5) If and when vacancies on the ITOC occur on the part of voting Committee members, either due to expiration of term or a vacancy occurring during a term, the Authority shall appoint an appropriate replacement within 90 days of the vacancy to fill the remainder of the term pursuant to the provisions of Government Code Sections 54970, et. seq (the Maddy Act).
E. ITOC Operation Protocols
1) The ITOC shall be appointed within 180 days prior to the operative date of the retail transactions and use tax and continue as long as retail transactions and use tax revenues from the current voter authorization are available for expenditure.
2) The Authority Board and staff shall fully cooperate with and provide necessary financial and staff support to ensure the ITOC successfully carries out its duties and obligations.
F. Conflict of Interest
1) ITOC voting members shall have no legal action pending against the Authority and are prohibited from participating in any commercial activity directly or indirectly involving the Authority or Napa County Transportation and Planning Agency (NCTPA), such as being a consultant or vendor to the Authority or NCTPA during their tenure on the ITOC.
7 Item #6.1.
2) ITOC voting members shall not have direct and/or indirect commercial interest or employment with any public or private entity which receives transportation retail transactions and use tax revenues authorized by this Ordinance.
SECTION 12. ADMINISTRATIVE FUNCTIONS AND EXPENSES:
A. Revenues may be expended by the Authority for the actual expense of salaries, wages, benefits, and those services, including contractual services, necessary to administer the Ordinance; however, in no case shall such administrative expenditures exceed one percent (1 %) of the annual revenues provided by the Ordinance. ·
B. Administrative functions include providing overall program direction and management necessary to implement Authority policy, formulating organizational goals and objectives, coordinating activities with other agencies and organizations, performing finance, accounting, purchasing, personnel, government and community relations, and legal matters.
SECTION 13. RECEIPT AND ALLOCATION OF TAX REVENUES: The Authority Auditor shall receive the tax revenue and shall allocate funds to the Agencies on a calendar quarter basis, together with any accrued interest, by the 20th day of the month following the end of the quarter.
SECTION 14. ESTABLISHMENT OF SEPARATE ACCOUNTING: Each Agency receiving the revenues identified in Section 3 shall have its revenues deposited in a separate interest bearing Transportation Improvement Fund. Interest earned on revenues allocated pursuant to this Ordinance shall be expended only for those purposes permitted by this Ordinance.
SECTION 15. IMPLEMENTING ORDINANCES: Upon approval of this Ordinance by the voters the Authority shall, in addition to the rules required to be provided pursuant to this Ordinance, adopt implementing ordinances, rules, and policies that are not inconsistent with the purpose and intent of this Ordinance and take such other actions as may be necessary and appropriate to carry out its responsibilities.
SECTION 16. EFFECTIVE AND OPERATIVE DATES: This Ordinance shall be effective on November 6, 2012, if two-thirds of the electors voting on the ballot proposition approving the Ordinance vote to approve the ballot proposition on November 6, 2012. The imposition of the tax authorized by this Ordinance shall be operative on July 1, 2018, or upon termination of the Flood Protection tax, and after at least 110 days notice to the State Board of Equalization.
SECTION 17. PLACE OF SALE: For the purposes of this Ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from 8 Item #6.1.
such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the state or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the State Board of Equalization.
SECTION 18. LIMITATIONS ON ADOPTION OF STATE LAW AND COLLECTION OF USE TAXES: In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:
A. Wherever the State of California is named or referred to as the taxing agency, the name of this county shall be substituted therefor. However, the substitution shall not be made:
1) The word "State" is used as a part of the title of the State Controller, State Treasurer, State Board ·of Control, State Board of Equalization, State Treasury, or the Constitution of the State of California; 2) The result of that substitution would require action to be taken by or against this Authority or any agency, officer, or employee thereof rather than by or against the State Board of Equalization, in performing the functions incident to the administration or operation of this Ordinance.
3) In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:
a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the state under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or; b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code. 4) In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code.
B. The word "County" shall be substituted for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 and in the definition of that phrase in Section 6203.
SECTION 19. PERMIT NOT REQUIRED: If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this Ordinance. 9 Item #6.1.
SECTION 20. EXEMPTIONS AND EXCLUSIONS:
A. There shall be excluded from the computation of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax.
B. There are exempted from the computation of the amount of the transactions tax the gross receipts from:
1) Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government. 2) Sales of property to be used outside the county which is shipped to a point outside the county, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the county shall be satisfied:
a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-of-county address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and
b. With respect to commercial vehicles, by registration to a place of business out-of-county and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address. 3) The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this Ordinance.
4) A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this Ordinance.
5) For the purposes of subparagraphs (3) and (4) of this Section, the sale or lease of tangible personal property shall be deemed not to be obligated 10 Item #6.1.
pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.
C. There are exempted from the use tax imposed by this Ordinance, the storage, use or other consumption in this county of tangible personal property:
1) The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance. 2) Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California.
3) If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this Ordinance.
4) If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this Ordinance.
5) For the purposes of subparagraphs (3) and (4) of this Section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.
6) Except as provided in subparagraph (7), a retailer engaged in business in the county shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the county or participates within the county in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the county or through any representative, agent, canvasser, solicitor, subsidiary, or person in the county under the authority of the retailer.
7) "A retailer engaged in business in the County" shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft 11 Item #6.1.
licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the county.
D. Any person subject to use tax under this Ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax.
SECTION 21. AMENDMENTS: This Ordinance and Expenditure Plan may be amended to provide for the use of additional federal, state, and local revenues or to account for unexpected revenues by approval of a two-thirds vote of the members of the Authority; the two-thirds must include the City of Napa, the County of Napa, and at least three other jurisdictions. No amendment may, in the aggregate, reduce the percentage of tax revenue allocated to the Local Streets and Roads Maintenance Program as apportioned in Section 3. No amendment shall operate so as to affect the rate or duration of tax imposed by this Ordinance.
Amendments constituting expenditures for new programs or new projects that were not a part of the voter approved Expenditure Plan or referred to in the Local Streets and Roads Maintenance Program may only be approved with the subsequent consent of the electorate.
All amendments subsequent to the effective date of this Ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this Ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this Ordinance.
SECTION 22. TEN-YEAR PROGRAM REVIEW: After the tax has been in effect for ten years after the operative date, the Authority shall conduct a comprehensive review of all revenues, projects and programs under the Expenditure Plan to evaluate the performance of the overall program over the previous ten-year period and to make revisions to the Expenditure Plan to improve its performance and allow for changed demographic conditions, transportation needs, revenues, and technology over the subsequent ten years. Revisions to the Ordinance and Expenditure Plan required as a result of the ten-year review shall be subject to the amendment process in Section 21.
However, the 99% local street and road allocation provided in Section 3 shall not be altered.
SECTION 23. DESIGNATION OF FACILITIES: Each project or program receiving in excess of $250,000 funded in whole or in part by revenues from the Ordinance shall be clearly designated with project signage at the project site during its construction or implementation as being provided by revenues from the Ordinance. 12 Item #6.1.
SECTION 24. SEVERABILITY: If any section, part, clause, or phrase of this Ordinance is for any reason held invalid or unconstitutional, the remaining portions shall not be affected but shall remain in full force and effect.
SECTION 25. ANNUAL APPROPRIATIONS LIMIT: Article XIII (B) of the California Constitution requires the establishment of an annual appropriations limit for governmental entities. The maximum annual appropriations limit for the Authority is hereby established as $40 million. The appropriations limit shall be subject to adjustment as provided by law. All expenditures of the retail transactions and use tax revenues imposed by Section 4 are subject to the appropriations limit of the Authority.
SECTION 26. ENJOINING COLLECTION FORBIDDEN: No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the state or the Authority, or against any officer of the state or the Authority, to prevent or enjoin the collection under this Ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected.
SECTION 27. DEFINITIONS:
A. Agency means those cities, town, and county that lie within the geographic boundaries of the County of Napa.
B. Authority means the Napa Valley Transportation Authority created by the Napa County Board of Supervisors with the concurrence of a majority of cities having a majority of the incorporated population of the county.
C. Expenditure Plan means the expenditure plan required by Section 180206 of the Public Utilities Code to be adopted prior to the call of an election on this Ordinance. The expenditure plan includes the allocation of revenues for each authorized purpose. To the extent the summarized provisions of the expenditures contemplated by this Ordinance cannot be reconciled with the Expenditure Plan set forth in Attachment 1, the provisions of Attachment 1 shall prevail.
D Effective Date means the date the measure was passed by the electorate.
E. Highways means all purposes necessary and convenient to the design, right-ofway acquisition, and construction of highway facilities, including all state highway routes and any other facilities so designated in the Expenditure Plan.
F. Infrastructure means all components within the right-of-way necessary to support the roadway which includes road pavement, sub-grade, curb, gutter, sidewalks, curb ramps, surface and subsurface drainage, replacement traffic control devices, replacement roadway lighting, striping, pavement marking, intelligent transportation systems, and signage.
13 Item #6.1.
G. Maintenance means repair, reconstruction or rehabilitation, and/or replacement of streets, roadways, and other infrastructure within the public right-of-way.
H. Operative Date means the date the tax begins to collect revenue for this measure.
I. Project is a single effort with a beginning and an end that would cause the construction or maintenance or reconstruction of some tangible portion of a transportation asset owned or operated by public agency that has independent utility. A project is not repeated on an annual basis, it does not appear without a detailed description as to cost and location in a local agency budget, and it must appear in a capital budget.
J. Reconstruction or Rehabilitation includes any overlay, including the placement or replacement of base materials and any sub-grade work or widening of the roadway, if the widening is necessary to bring the roadway width to the desirable minimum width consistent with the geometric design criteria of the state for 3R (reconstruction, resurfacing, and rehabilitation). This does not include widening for the purpose of increasing the traffic capacity of a street or highway. This does include additions, changes or reconstruction of Infrastructure directly associated with the function of a street or roadway. It also includes additions necessary to incorporate and/or maintain bicycle facilities called for in the Napa County Transportation and Planning Agency's Countywide Bicycle Plan or adopted bicycle plans of the Agencies and any improvements or alterations necessary to the roadway and or pedestrian or bicycle travel ways to improve overall circulation and to meet American's with Disabilities Act requirements.
K. Regional Transportation Improvement Program Submission means any program of projects sent or otherwise caused to be delivered to the Regional Transportation Planning Agency for Napa County by the entity designated by the Regional Transportation Planning Agency with the submission of that program for the local agencies for consideration by the Regional Transportation Planning Agency for inclusion in the Regional Transportation Improvement Program or its related documents.
L. Local Streets and Roads means the pavement facilities and supporting Infrastructure within the street, road, or highway right-of-way.
M. Storm damage repair means repair or reconstruction of local streets and highways and related drainage improvements that have been damaged due to storms and flooding, in those jurisdictions that have been declared disaster areas by the President of the United States and/or by the Governor of California.
SECTION 28. PUBLICATION OF ORDINANCE: A summary of this Ordinance shall be published at least five days before its passage in the local newspapers of general circulation published in the County of Napa, and at least once before the expiration of 15 days after its passage together with the names of the Directors voting for and against the same.
14 Item #6.1.
The foregoing Ordinance was introduced and read at a regular meeting of the Napa Valley Transportation Authority, held on May 16, 2012, and passed at a regular meeting of the Napa Valley Transportation Authority held on June 20, 2012, by the following vote:
Chair Ayes: GARCIA, BENNETT, GINGLES, KRIDER,
TECHEL, DODD, LUCE, CHILTON, DUNBAR
Noes: NONE
Absent: DUNBAR, BRITTON, WHITE
ATIEST:
nderlin, NVT A Board Secretary
APPROVED:
Attachment (1) Napa Countywide Road Maintenance Act Expenditure Plan 15 Item #6.1.
ATTACHMENT 1
NAPA COUNTWIDE ROAD MAINTENANCE ACT EXPENDITURE PLAN
The net revenues received by the Authority from the proposed transactions and use tax shall be used to fund the projects described below after paying for the costs of this election, the costs of the Independent Taxpayer Oversight Committee, and administering the program. Only one percent (1%) of the net revenues may be expended on the costs of administration. The revenues received by the Authority will be less than the gross revenues actually collected because the fees the State Board of Equalization charges to collect the sales tax will be deducted before the revenues are transferred to the Authority. All funding and revenues are expressed in 2011 dollars over the twenty-five year life of the program.
The revenue allocated to each Agency under this Expenditure Plan may be used for any direct costs of design, materials testing, all project required environmental reviews, construction management, inspection, and construction of the projects.
Local Streets and Roads Maintenance Program
Description:
Of the annual revenues available, ninety-nine percent (99%) shall be allocated to the Local Streets and Roads Maintenance Program. Under the Ordinance, the funds for the Local Streets and Roads Maintenance Program must be used for maintenance, reconstruction or rehabilitation of local streets, roads, and infrastructure within the public right-of-way as defined.
The estimated funding for the Local Streets and Maintenance Program is (millions of dollars):
Project Percentage Transaction and
Distribution Use Tax
American Canyon 7.7% $21.945
Calistoga 2.7% $7.695
City of Napa 40.35% $114.997
Napa County 39.65% $113.003
St. Helena 5.9% $16.815
Yountville 2.7% $7.695
Total 99% 282.15
Amendments
This Ordinance and Expenditure Plan may be amended to provide for the use of additional federal, state, and local revenues or to account for unexpected revenues by 16 Item #6.1.
approval of a two-thirds vote of the members of the Authority; the two-thirds must include the City of Napa, the County of Napa, and at least three other jurisdictions. No amendment shall operate so as to affect the rate of tax imposed by this Ordinance.
Amendments constituting expenditures for new programs or new projects that were not a part of the voter approved Expenditure Plan or referred to in the Local Streets and Roads Maintenance Program may only be approved with the subsequent consent of the electorate.
17 Item #6.1.
Measure T Napa Countywide Road Maintenance Act
Jurisdiction Name:
Primary Contract #1 Email: Phone:
Secondary Contract #2 Email: Phone:
Fiscal Years Included: FY #1 2022-23 FY #2 2023-24 FY#3 2024-25 FY#4 2025-26 FY#5 2026-27 Maintenance of Effort (MOE)
Please provide the following information to establish MOE amount and to validate information:
1. Attach copies of Local Streets and Roads State Controller Reports for three years - FY 2007-08, FY 2008-09, FY 2009-10
2. Attach independent auditors validation for each Local Streets and Roads State Controller Report
3. Enter MOE Amounts Claiming: FY 2007-08 FY 2008-09 FY 2009-10
4. Enter Certified MOE Amount: Total MOE:
Planned Measure T Expenditures
Please provide Five (5) year planned streets and road maintenance projects beginning in FY 2022-27 (add rows as needed):
Project # Fiscal Year
Total
Project
Cost
Measure T
Amount
Federal
Funds
State
Funds
Other Local
Funds Project Phase
Is the Project
Included in the
Countywide
Transportation
Plan?
Is the Project
in the
Jurisdiction's
Capital
Improvement
Plan?
Please note: Eligible expenses include local streets and roads maintenance and supporting infrastructure within the public right of way for pavement, sealing, overlays, reconstruction, associated infrastructure, as required, excluding any local revenues expended for the pupose of storm damage repair as verified by an independent auditor. One time allocations that have been expended for local streets and road maintenance, but which may not be available on an ongoing basis shall not be considered when calculating an Agency's annual maintenance of effort.
Project Scope Location (intersection, mile marker, length of alignment)
EXHIBIT B
Item #6.1.
Equivalent Fund Class 1 Multi-Purpose Paths:
Please provide a five year multi-purpose Expenditures beginning in FY 2022-27 (add rows as needed):
Project # Fiscal Year
Total
Project
Amount
Measure T
Amount
Federal
Funds
State
Funds
Other Local
Funds
Project Phase
(Env, PS&E,
Construction)
Project
Included in
Countywide
Bike Plan?
Project in
Jurisdiction's
Capital
Improvement
Plan?
Comment: Please provide any additional information to explaing your project list. E.g. This project list is the jurisdiction's CIP, the jurisdiction opted to include additional projects to have flexibility in completing a variety of projects Project Description
Note: The amount of a jurisdiction's annual bike expenditure must be a minimum of 6.67% of the anticipated revenue amount received from Measure T each year. Estimates by jurisdiction are shown on the table labeled "Measure T Revenue Estimates".
Funding for Class 1 Multi-use path projects that are funded by philanthropy, state discretionary funding or federal discretionary funding shall not count as part of the 6.67 % expenditure obligation required to be eligible to receive Measure T revenues.
Location (intersection, mile marker, length of alignment) Note: The list will serve as the five-year list of projects required for submittal by each jurisdiction as stated in the Measure T Ordinance. These will be projects that will be delivered, depending on available revenues and when revenues become available. Prior to any allocation, jurisdictions will also be required to submit all of the necessary documentation requested as evidence of a public hearing to ensure that the members of the public were able to comment on the proposed project list as well as a Resolution in support of the proposed project list.
Item #6.1.
FY Total Estimated
Measure T Revenues
Proposed
Amount for
Administratio
n (1%)
Total
Estimated
Measure T
Revenues
Available for
LS&R
Improvements
American
Canyon
Measure T
(7.7%)
American
Canyon Class
1 Bike Lane
Expenditure
Obligation
Calistoga
(2.7%)
Calistoga
Class 1 Bike
Lane
Expenditure
Obligation
City of Napa
(40.35%)
City of Napa
Class 1 Bike
Lane
Expenditure
Obligation
County of
Napa
(39.65%)
County of
Napa Class 1
Bike Lane
Expenditure
Obligation
City of St.
Helena
(5.9%)
City of St.
Helena Class
1 Bike Lane
Expenditure
Obligation
Town of
Yountville
(2.7%)
Town of
Yountville
Class 1
Bike Lane
Expenditur
e
Obligation
FY 2023-24 $21,942,500.00 219,425 21,723,075 1,689,573 112,694 592,448 39,516 8,853,799 590,548 8,700,201 580,303 1,294,608 86,350 592,448 39,516 FY 2024-25 $22,363,100.00 223,631 22,139,469 1,721,959 114,855 603,804 40,274 9,023,511 601,868 8,866,969 591,427 1,319,423 88,006 603,804 40,274 FY 2025-26 $22,810,400.00 228,104 22,582,296 1,756,401 117,152 615,881 41,079 9,203,996 613,907 9,044,324 603,256 1,345,814 89,766 615,881 41,079 FY 2026-27 $23,266,700.00 232,667 23,034,033 1,791,536 119,495 628,201 41,901 9,388,113 626,187 9,225,247 615,324 1,372,735 91,561 628,201 41,901 FY 2027-28 $23,732,000.00 237,320 23,494,680 1,827,364 121,885 640,764 42,739 9,575,862 638,710 9,409,738 627,630 1,400,188 93,393 640,764 42,739 FY 2028-29 $24,206,600.00 242,066 23,964,534 1,863,908 124,323 653,578 43,594 9,767,363 651,483 9,597,917 640,181 1,428,189 95,260 653,578 43,594 FY 2029-30 $24,690,900.00 246,909 24,443,991 1,901,199 126,810 666,654 44,466 9,962,778 664,517 9,789,942 652,989 1,456,763 97,166 666,654 44,466 Item #6.1.
Napa ValleyTransportation Authority – Tax Agency (“Authority” or NVTA-TA”) Measure T – Transportation Tax
Accounting, Reporting and Auditing Guidelines
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1. Fund structure for Measure T Funds held by NVTA-TA (held in County Treasury) Fund 8310 – Napa Valley Transportation Authority
Dept 830 – Napa Valley Transportation Authority
Division 83100 – Napa Valley Transportation Authority
Sub-Division 83100-00 – NVTA Administration
83100-01 – NVTA Unincorporated County
83100-04 – NVTA City of American Canyon
83100-02 – NVTA City of Napa
83100-05 – NVTA Town of Yountville
83100-06 – NVTA City of St. Helena
83100-07 – NVTA City of Calistoga
Each sub-division will maintain its own cash accounts and fund balance.
2. Receipt of Tax Allocations and Interest to the Authority Each Sub-division will receive the direct allocation of sales tax proceeds at the time funds are received monthly by NVTA-TA. Sales tax revenues received will be recorded in account #41400 – Sales and Use Tax.
Allocation to agencies specified in Ordinance No 2012-01 is as follows:
City of American Canyon 7.70%
City of Calistoga 2.70%
City of Napa 40.35%
County of Napa 39.65%
City of St. Helena 5.90%
Town of Yountville 2.70%
Authority Administration 1.00%
Total 100.00%
The Board of Equalization administration fee (estimated 1 to 1.5%) is deducted from the gross receipts prior to calculating the Measure T allocations to the agencies.
Each sub-division will earn interest at the Treasurer’s pooled interest rate and will be earned quarterly, based on average daily balance. Interest received will be recorded in account #45100 – Interest.
Revenues are to be recorded on an accrual basis.
EXHIBIT C Item #6.1.
Napa ValleyTransportation Authority – Tax Agency (“Authority” or NVTA-TA”) Measure T – Transportation Tax
Accounting, Reporting and Auditing Guidelines
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3. Disbursements
a. Allocations of Taxes to the Agencies from the Authority As stated in Section 13 of Ordinance No 2012-01 “The Authority Auditor shall allocate funds to the agencies on a calendar quarter basis, together with any accrued interest, by the 20th day of the month following the end of the quarter.” In order to comply with this section, once the agencies are deemed eligible for receiving funds by NVTA-TA, on a quarterly basis as prescribed above, the Auditor-Controller shall run a detailed report on the activity in each sub-division’s cash account showing the monthly sales tax allocations and interest earnings. This will be attached to a payment claim form to transfer the funds to each agency. The expenditure line for the allocation will be recorded in account #52525 – Maintenance-Infrastructure/Land.
Expenditures are to be recorded on an accrual basis. Sales tax is generally three months in arrears, therefore at each year end, there will be an accrual set up as of 6/30 for the amount due to each agency once all sales taxes are received and interest is posted. b. Administration Expenditures: Sub-Division 83100-00
All direct administrative expenses will be accounted for directly out of the Administration budget unit, capped to the 1% of revenues generated from the Tax in accordance with Section 12 of Ordinance No. 2012-01. Expenditures are limited to “administrative functions providing overall program direction and management necessary to implement Authority policy, formulating organizational goals and objectives, coordinating activities with other agencies and organizations, performing finance, accounting, purchasing, personnel, government and community relations, and legal matters.”
c. ITOC Stipends – Section 11.D.2
ITOC members are to receive a stipend of $250 per quarterly meeting, with an increase of $50 per meeting every five years, scheduled as follows:
Fiscal Year Quarterly Stipend
2018-19 through 2022-23 $250.00
2023-24 through 2027-28 $300.00
2028-29 through 2032-33 $350.00
2033-34 through 2037-38 $400.00
2038-39 through 2042-43 $450.00
• ITOC members must fill out a W-9 for IRS purposes to remain on file with the County Auditor-Controller, and will receive a 1099-misc form at the end of each calendar year for compensation received.
• Members must sign a stipend request form validating their attendance. No payment will be issued without a signed and dated form. (Exhibit A – Stipend Certification) • Stipends are construed as Administrative Expenditures and will be paid directly from this budget unit.
Item #6.1.
Napa ValleyTransportation Authority – Tax Agency (“Authority” or NVTA-TA”) Measure T – Transportation Tax
Accounting, Reporting and Auditing Guidelines
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d. Auditor-Controller Administrative Salaries and Expenditures As the Authority Auditor, with the role of fiscal oversight and integrity of the Measure, the Napa County Auditor-Controller will be required to track all hours and expenses and provide a detailed accounting for all items requested to be reimbursed. As with all other Districts and JPA’s the Auditor-Controller will provide an annual hourly rate schedule, which varies by staff position, to ensure fair and equitable charges for work performed related to Measure T.
Quarterly charges will be assessed for general accounting work including processing checks, reimbursement requests, journal entries, reports, audits and other work completed on behalf of the Napa Valley Transportation Authority and ITOC. These costs are construed as Administrative Expenditures and will be paid directly from the Administration budget unit. e. NVTA-TA Contracted Administrative Salaries and Expenditures As the administrators of the Napa Countywide Road Maintenance Act, NVTA shall be reimbursed for salaries and expenditures related to official business of the Act, including work completed on behalf of the Napa Valley Transportation Authority and ITOC. NVTA will be required to track all hours and expenses and provide a detailed accounting for all items requested to be reimbursed.
NVTA will provide an annual hourly rate schedule, which varies by staff position, to ensure fair and equitable charges for work performed related to Measure T.
A claim, including a journal entry to transfer the funds from the Administration Sub-division to NVTA, with all back up documentation, shall be approvedby the Executive Director or designee and submitted to the Auditor-Controller forposting. These costs are construed as Administrative Expenditures and will be paid directly from the Administration budget unit. f. Authority Counsel Expenditures
The Authority will be provided legal counsel by Napa Valley Transportation Authority Counsel .
NVTA’s Counsel will be required to track all hours and expenses and provide a detailed accounting for all items requested to be reimbursed. NVTA Counsel will provide an annual hourly rate schedule, which varies by staff position, to ensure fair and equitable charges for work performed related to Measure T.
These costs are construed as Administrative Expenditures and will be paid directly from the Administration budget unit.
g. Auditor-Controller’s Authority on Disbursements
The Auditor-Controller may dispute a claim from the Administration budget unit if the expenditure does not appear in accordance with the Ordinance or reasonable in amount.
Disputed claims may be brought forth by the claimant to the Authority for approval in a public meeting.
Item #6.1.
Napa ValleyTransportation Authority – Tax Agency (“Authority” or NVTA-TA”) Measure T – Transportation Tax
Accounting, Reporting and Auditing Guidelines
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4. Financial Reporting Requirements for Measure T Funds held by NVTA-TA a. As stated in 3.a above, after quarterly interest is posted by the County Treasurer the funds will be transferred to each agency.
b. Quarterly review of all transactions within each sub-division will be completed to ensure all postings are accurate and timely.
c. An annual review will occur prior to official close of the books to ensure all postings are accurate and timely and that all funds have been transferred to the appropriate agency as specified in the Master Agreement
5. Agency Record Keeping
a. Each agency must keep the funds segregated in a special revenue fund specifically for Measure T.
All revenue sources and expenditures using the revenues sources shall be fully accounted for.
Measure T funds should be recorded as Other Governmental Revenue on the agency books. All project expenditures should be budgeted for and disbursed from these funds so that a full accounting is captured, within proper accounting categories.
Each agency accounts for and tracks its capital projects in a capital project fund and each project may include multiple funding sources. Each agency must provide a full accounting of all revenues and expenses attributed to each specific project. Therefore, expenditures within the Measure T special revenue fund, shall include “transfers out” to other funds for the monies being used within a capital project that was approved by the Master Agreement, as may be amended. Agencies shall keep the records using accrual accounting, setting up both receivables and payables as of June 30, of each fiscal year.
Definition: A Special Revenue Fund is a governmental fund type used to account for the proceeds of specific revenue sources that are restricted or committed to expenditure for specified purposes other than debt service or capital projects. The use of a special revenue fund ensures segregation of restricted funds, the ability to allocate proper interest earnings and ease of tracking the inflows and outflows of the revenues.
b. To ensure compliance with the 6.67% Class 1 path requirement, each agency will track all revenues and expenditures related to these projects and include the information on the progress reports discussed in #6 below.
6. Financial Reporting Requirements for Each Agency
Every expenditure will have supporting documentation, including invoices and proper authorizations, to ensure that all costs charged to the funds are eligible and in full compliance with the Master Agreement. This documentation shall be maintained by each agency and shall be made available for inspection and audits upon request by either the Auditor-Controller or NVTA-TA.
Semi-Annual Progress Reports are due March 1st (for the period of July – December) and September 1st (for the period of January – June). Each progress report shall provide a summary listing consisting Item #6.1.
Napa ValleyTransportation Authority – Tax Agency (“Authority” or NVTA-TA”) Measure T – Transportation Tax
Accounting, Reporting and Auditing Guidelines
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of the Project Name, Approved Budget, Amount spent to date, Amount remaining, Percentage of Completion, and Date Completed if applicable. In addition, each agency will provide an accounting of the Class 1 path requirement, both year-to-date and cumulative since inception of the tax. (Exhibit E – Agency Progress Report)
Attached to each summary shall be a system generated trial balance report and detailed expenditure listing for the Special Revenue funds listed in Item 5 above. If, in the course of an expenditure review or audit, it is determined that an ineligible expense was made, the jurisdiction will be directed to return the funds to the LS&R Special Revenue fund for a future eligible expense.
Once the agency’s general ledger is considered closed for the fiscal year and a comprehensive audit is completed, as stated in Section 4 of the Master Funding Agreement, and after approved by the jurisdictions governing body, each Agency will provide a copy of the Annual Comprehensive Financial Report (ACFR) January 31st of the next fiscal year.
7. Annual Audits
All audits and record keeping will be performed in accordance with generally accepted accounting principles (GAAP) and Government Accounting Standards (GAS) • The Auditor-Controller will oversee the annual accounting and fiscal process through review of quarterly and annual reports submitted by each agency.
• NVTA-TA will oversee project performance through review of semi-annual reports submitted by each agency.
• Each Agency (County/Cities/Town) will procure an independent certified public accountant to conduct an annual financial audit that includes in its scope all transactions regarding Measure T.
This will NOT be an additional audit on top of their Annual Comprehensive Financial Report, as these funds are included in their overall agency operations for specified projects. Any findings will be communicated to the Authority Auditor, who will then present to the ITOC and Authority. • NVTA-TA will have an independent annual financial audit.. The audit will contain supplementary schedules which summarize each jurisdiction financial status regarding Measure T funds. This audit will be presented by the Independent Auditor and the Authority Auditor to the ITOC and Authority.
• Each agency will undergo a performance and compliance audit every three years, which is nonfinancial in nature. This audit shall be focused on the projects and compliance with the Master Agreement. This audit will be presented by the Independent Auditor to NVTA-TA and the ITOC.
The audits will be completed on a rotating basis with the City of Napa and Town of Yountville the first year, the County of Napa and City of St. Helena the second year, then the Cities of American Canyon and Calistoga thereafter. .
• The above audits satisfy all audit requirements in the Ordinance. Each agency is audited through their respective fiscal comprehensive annual audit process, the Authority will undergo a separate independent financial audit, and the independent performance and compliance audits on each agency will be completed triennially.
• Audits are construed as Administrative Expenditures and will be paid directly from the ITOC budget unit. There is a maximum of $70,000 per year (adjusted for inflation on the CPI) for annual financial and performance audits. NVTA-TA and the Authority Auditor will track these expenditures annually to ensure the maximum is not exceeded.
Item #6.1.
Napa ValleyTransportation Authority – Tax Agency (“Authority” or NVTA-TA”) Measure T – Transportation Tax
Accounting, Reporting and Auditing Guidelines
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8. Community Report
Section 11.B.e of Ordinance No. 2012-01 specifies that the Authority shall publish a biennial report to the community. For clarification, this report may be completed annually and will be compiled in collaborative manner between NVTA-TA, the Jurisdictions, ITOC and the Auditor-Controller. The Community Report is construed as Administrative Expenditures and will be paid directly from the ITOC budget unit.
9. Interagency Loans
In the event that one agency requests a loan from another for approved projects, an interagency loan agreement will be executed. Each agency shall record a due to/due from amount on their respective books with an approved pay back schedule. Total pay back must occur prior to the sunset of the tax.
[RESERVE THIS SECTION FOR THE INTERAGENCY LOAN AGREEMENT.] Item #6.1.
EXHIBIT D
RESOLUTION No. X-X
A RESOLUTION OF THE CITY OF XXX
APPROVING PROJECTS UNDER MEASURE T PROGRAM
WHEREAS, on November 6, 2012 the voters of Napa County passed the Napa Countywide Road Maintenance Act, also known as Measure T, which imposes a half cent transaction and use (sales) tax to provide supplemental funding for road maintenance as detailed in the Measure T Expenditure Plan; and WHEREAS, the Napa Valley Transportation Authority-Tax Agency is the designated agency that administers and oversees the Measure T revenues; and WHEREAS, the [City/Town/County of XX] is an eligible recipient of Measure T funds; and
WHEREAS, the tax proceeds will be used to pay for the projects outlined in the Measure T Expenditure Plan allocated to the County of Napa and the cities and town within Napa County (“Local Agencies”) as set forth in Measure T; and WHEREAS, under the Measure T Expenditure Plan, Measure T funds are provided to the Local Agencies to be used for streets and roads projects as defined in the Measure; and
WHEREAS, the [City/Town/County of XX] has entered into a Master Agreement with NVTA-TA that outlines procedures for Measure T expenditures, and WHEREAS, the [City/Town/County of XX] provided a draft five-year project list to NVTA-TA for the expenditure of Measure T funds as required by the Measure; and WHEREAS, it has been determined by the NVTA-TA Board that these expenditures meet the requirements of the Measure T Master Agreement; WHEREAS, Measure T project(s) will comply with the requirements under the California Environmental Quality Act (California Code Sections 21000 et seq.; as implemented through California Regulations Title 14, Chapter 3, Sections 15000 et seq.);
NOW, THEREFORE, BE IT RESOLVED by the [City/Town Council of XX/County Board of Supervisors] as follows:
1. The [Council/Board of Supervisors] hereby adopts the five-year project list as set forth in Exhibit “A,” and authorizes the Public Works Director to file the list with NVTA-TA.
Item #6.1.
Resolution No. XX-XX
Passed and adopted this X day of XXX, 2014.
_______________________ Ayes:
Chair
Nays:
Absent:
ATTEST:
______________________________________
Clerk
APPROVED:
______________________________
Counsel
Item #6.1.
Measure T: Progress Report
Due March 31st and September 30th
Jurisdiction:
Period:
Measure T Project
No. Project Name Location
Road
Segment
Length
Sidewalk
Length
Number of Curb
ramps installed
or replaced
Program Approved
Budget
Measure T
Funds Other Funds Measure T Amount Spent
Measure T
Amount
Remaining
Project
Status (%
Complete)
Project Start
Date Estimated Completion
Date Notes
overlay
reconstruction
concrete work
safety
class 1 multi-use facility
TOTALS $0 $0 $0
Project Name Project Description Location Total Cost
Funding
Source Start Date
Estimated
Completion
Date
Measure T Semi-Annual Progress Report
"Recipients must demonstrate that 6.67% equivalent to Measure T funds received has been committed to Class 1 Bike facilities.
Class I Facility Tracking
Amount of funds in Special Special
Measure T Revenue Fund: $0.00
EXHIBIT E
Item #6.1.
EXHIBIT F
RESOLUTION No. X-X
A RESOLUTION OF THE CITY OF XXX
APPROVING MAINTENANCE OF EFFORT AMOUNT UNDER MEASURE T
PROGRAM
WHEREAS, on November 6, 2012 the voters of Napa County passed the Napa Countywide Road Maintenance Act, also known as Measure T, which imposes a half cent transaction and use (sales) tax to provide supplemental funding for road maintenance as detailed in the Measure T Expenditure Plan; and WHEREAS, the Napa Valley Transportation Authority is the designated agency that administers and oversees the Measure T revenues; and WHEREAS, the [City/Town/County of XX] is an eligible recipient of Measure T funds; and
WHEREAS, the tax proceeds will be used to pay for the projects outlined in the Measure T Expenditure Plan allocated to the County of Napa and the cities and town within Napa County (“Local Agencies”) as set forth in Measure T; and WHEREAS, under the Measure T Expenditure Plan, Measure T funds are provided to the Local Agencies to be used for streets and roads projects as defined in the Measure; and
WHEREAS, the [City/Town/County of XX] has entered into a Master Agreement with NVTA-TA that outlines procedures for Measure T expenditures, and WHEREAS, the [City/Town/County of XX] shall determine and certify to NVTA-TA the average maintenance of effort amount for Fiscal Years 2007-08, 2008-09 and 2009-10, consistent with the criteria set forth in Section 9 of Ordinance No. 2012-01, including a memorandum detailing the supporting financial documentation and the methodology utilized to calculate the average fiscal year street and roads costs; and WHEREAS, that amount set forth in Exhibit “A” will be deemed the “Maintenance of Effort” of the [City/Town/County of XX], which must be maintained annually throughout the term of the Measure from the General Fund of the [City/Town/County of XX]; and
WHEREAS, by January 1st each calendar year, the [City/Town/County of XX] must certify to and provide NVTA-TA a copy of supporting documentation as well as a Resolution approved by the governing body of the [City/Town/County of XX], including backup documentation, demonstrating that the Maintenance of Effort was met the prior fiscal year; and;
Item #6.1.
Resolution No. XX-XX
WHEREAS, Measure T project(s) will comply with the requirements under the California Environmental Quality Act (California Code Sections 21000 et seq.; as implemented through California Regulations Title 14, Chapter 3, Sections 15000 et seq.);
NOW, THEREFORE, BE IT RESOLVED by the [City/Town Council of XX/County Board of Supervisors] as follows:
1. The [Council/Board of Supervisors] hereby adopts the Maintenance of Effort amount as set forth in Exhibit “A,” and authorizes the Public Works Director to file the amount with NVTA-TA.
Passed and adopted this X day of XXX, 2021.
_______________________ Ayes:
Chair
Nays:
Absent:
ATTEST:
______________________________________
Clerk
APPROVED:
______________________________
Attorney
Item #6.1.
EXHIBIT G
RESOLUTION No. X-X
A RESOLUTION OF OF XXX
APPROVING CERTIFICATION OF EQUIVALENT FUND EXPENDITURES UNDER
MEASURE T PROGRAM
WHEREAS, on November 6, 2012 the voters of Napa County passed the Napa Countywide Road Maintenance Act, also known as Measure T, which imposes a half cent transaction and use (sales) tax to provide supplemental funding for road maintenance as detailed in the Measure T Expenditure Plan; and WHEREAS, the Napa Valley Transportation Authority is the designated agency that administers and oversees the Measure T revenues; and
WHEREAS, the [City/Town/County] is an eligible recipient of Measure T funds; and WHEREAS, the tax proceeds will be used to pay for the projects outlined in the Measure T Expenditure Plan allocated to the County of Napa and the cities and town within Napa County (“Local Agencies”) as set forth in Measure T; and WHEREAS, under the Measure T Expenditure Plan, Measure T funds are provided to the Local Agencies to be used for streets and roads projects as defined in the Measure; and
WHEREAS, the [City/Town/County] has entered into a Master Agreement with NVTA-TA that outlines procedures for Measure T expenditures, and WHEREAS, the [City/Town/County] shall determine and certify to NVTA-TA the annual spending towards qualifying Class I Bicycle Facilities, consistent with the criteria set forth in Section 3 B of Ordinance No. 2012-01, including a memorandum detailing the supporting financial documentation and the methodology utilized to calculate the total spending and funding source; and
WHEREAS, that amount set forth in Exhibit “A” will be deemed the “Equivalent Fund Spending for Class I Bicycle Facilities” of the [City/Town/County], which must be maintained annually throughout the term of the Measure from the General Fund of the [City/Town/County]; and
WHEREAS, by January 31
st each calendar year, the [City/Town/County] must certify to and provide NVTA-TA a copy of supporting documentation as well as a Resolution approved by the governing body of the [City/Town/County of], including backup documentation, demonstrating that the Equivalent Fund Class I Bicycle Facilities spending occurred during the prior fiscal year; and;
Item #6.1.
Resolution No. XX-XX
WHEREAS, Measure T project(s) will comply with the requirements under the California Environmental Quality Act (California Code Sections 21000 et seq.; as implemented through California Regulations Title 14, Chapter 3, Sections 15000 et seq.);
NOW, THEREFORE, BE IT RESOLVED by the [City/Town Council /County Board of Supervisors] as follows:
1. The [Council/Board of Supervisors] hereby adopts the Equivalent Fund Class I Bicycle Facilities expenditures amount as set forth in Exhibit “A,” and authorizes the Public Works Director or designee to file the amount with NVTA-TA.
Passed and adopted this X day of XXX, 2022.
_______________________ Ayes:
Chair
Nays:
Absent:
ATTEST:
______________________________________
Clerk
APPROVED:
______________________________
Attorney
Item #6.1.
ATTACHMENT 3 Item #6.1.
Item #6.1.
Item #6.1.
Item #6.1.
Item #6.1.
Item #6.1.
Item #6.1.
Item #6.1.
Item #6.1.
Item #6.1.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Marni Rittburg, City Clerk
Meeting: City Council - Sep 20 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 #6.2.
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 recommend measures to promote social distancing.
3. The City Council has directed City Council Meetings to be Hybrid starting with the October 4, 2022, Regular Council Meeting.
4. Other City Boards, Commissions, and Committees may remain virtual or decide to hold hybrid meetings in the future.
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 #6.2.
Laura Snideman, City Manager Approved - Sep 12 2022
Marni Rittburg, City Clerk Approved - Sep 13 2022
Item #6.2.
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 #6.2.
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 #6.2.
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 #6.2.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Sep 20 2022
Subject: Authorizing a Purchase Order for Topshelf Paint, Inc. to Paint City Hall, Fire Department and Police Department Buildings
DESCRIPTION:
Consider adopting a Resolution that: 1.Authorizes the City Manager to execute a purchase order with Topshelf Paint, Inc. to paint City Hall, Fire Department and Police Department buildings in an amount not to exceed $150,000. 2. Approves the Project construction budget in the amount of the base bid of $130,000, and a 15% 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 $150,000.
RECOMMENDATION:
Consider adopting Resolution.
BACKGROUND/SUMMARY:
City Hall, Police Department and Fire Department buildings need repainting and some crack and dry rot repair. Each of these buildings are city owned facilities and have not been painted for ten years or more and are in need of this work to keep up with maintaining the facilities. City Hall was built in 1903 and had many re-paintings over the years. The Police Department was built in 1990, while the Fire Department was originally built in 1960 and then went through a major remodel most recently in 2010. The intent will be to closely match the existing paint colors on each building.
Staff received four bids from Topshelf Paint, Inc., CANI Contracting, Farmer Bros Paint Works and Gordian. The bids were $130,000, $153,185, $154,485 and $205,451 respectively with the low bid being Topshelf Paint, Inc. Staff is recommending a purchase order be signed with Topshelf Paint, 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”.
CEQA STATUS:
Repainting public facilities is exempt from CEQA.
FINANCIAL IMPACT:
These projects are included in the FY 2022/23 CIP Budget, Account No. 01-5501-4915 City Hall Remodel ($70,000), Account No. 01-5625-4915 Fire Station Exterior ($45,000) and Account No. 01- Item #6.3.
5502-4915 Police Facility Improvements ($35,000). The total amount available is $150,000 and the total project costs of $150,000 are within budget.
ATTACHMENT(S):
1. Draft Resolution
2. Bid Proposal - Topshelf Paint, Inc.
APPROVAL(S):
Laura Snideman, City Manager Approved - Sep 13 2022
Marni Rittburg, City Clerk Approved - Sep 13 2022
Item #6.3.
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 EXECUTE A PURCHASE ORDER WITH TOPSHELF PAINT, INC. TO PAINT CITY
HALL, FIRE DEPARTMENT AND POLICE DEPARTMENT BUILDINGS IN AN AMOUNT NOT TO EXCEED $150,000
WHEREAS, the city owns City Hall, Police Department and Fire Department buildings that are in need repainting and some crack and dry rot repair; and WHEREAS, City Hall was built in 1903 and had many re-paintings over the years.
The Police Department was built in 1990, while the Fire Department was originally built in 1960 and then went through a major remodel most recently in 2010. The buildings have not been repainted for ten years or more and need this work to keep up with maintaining the facilities; and
WHEREAS, the intent will be to closely match the existing paint colors on each building; and
WHEREAS, staff received four bids from Topshelf Paint, Inc., CANI Contracting, Farmer Bros Paint Works and Gordian. Topshelf Paint, Inc. was the low bid and staff is recommending they repaint the facilities; and
WHEREAS, repainting public facilities is exempt from CEQA; and WHEREAS, these projects are included in the FY 2022/23 CIP Budget, Account No. 01-5501-4915 City Hall Remodel ($70,000), Account No. 01-5625-4915 Fire Station Exterior ($45,000) and Account No. 01-5502-4915 Police Facility Improvements ($35,000); and
WHEREAS, council approves the Project construction budget in the amount of the base bid of $130,000, and a 15% contingency for unforeseen conditions and authorizes the Public Works Director to negotiate and approve change orders up to the approved construction budget amount of $150,000.
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 Topshelf Paint, Inc. to paint City Hall, Fire Department and Police Department buildings in an amount not to exceed $150,000.
2. Approves the Project construction budget in the amount of the base bid of $130,000, and a 15% contingency for unforeseen conditions.
ATTACHMENT 1
Item #6.3.
Resolution No. 2022-XXX
3. Authorizes the Public Works Director to negotiate and approve contract change orders up to the approved construction budget amount of $150,000.
PASSED, APPROVED AND ADOPTED this 20th day of September, 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.
ATTACHMENT 2Item #6.3.
Item #6.3.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Marni Rittburg, City Clerk
Meeting: City Council - Sep 20 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 $3,000 4487
Brannan Center/Brannan Center
Rehabilitation City fees up to $10,000 4560
Calistoga Art Center/Art
Enrichment Scholarships $4,000 4482
Calistoga Rotary/Anti Slip Strips
for Pioneer Park Bridge $4,935 New
Calistoga Spay/Neuter
Program/Wine Country Animal
Lovers
$3,250 New
Item #7.1.
Applicant / Program Award Account No. 01-4107-
Calistoga Senior Community
Programming / Rianda House
$5,000 to include covering cost of
space rental fees and/or
significant staff time
4552
Soroptimist/Read Aloud Partners
Program $1,680 New
UpValley Family
Centers/Enrichment Programs $6,000 4479
Total: $37,865
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 $12,865. 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 9.20.2022 Mtg 2022-029 Establishing Objectives for 2022-23 Community Enrichment Grant Program & Appointing Subcommittee
APPROVAL(S):
Laura Snideman, City Manager Approved - Sep 13 2022
Marni Rittburg, City Clerk Approved - Sep 13 2022
Item #7.1.
RESOLUTION NO. 2022-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA,
COUNTY OF NAPA, STATE OF CALIFORNIA, AWARDING COMMUNITY ENRICHMENT GRANTS FOR FISCAL YEAR 2022-23 AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $12,865
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 $12,865 (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 $12,865 to account 01-4107:
Applicant / Program Award
Account
No. 01-
4107-
Boys & Girls Club/Kinder Program $3,000 4487
Brannan Center/Brannan Center Rehabilitation City fees up to $10,000 4560 Calistoga Art Center/Art Enrichment Scholarships $4,000 4482 Calistoga Rotary/Anti Slip Strips for Pioneer Park Bridge $4,935 New Calistoga Spay/Neuter Program/Wine Country Animal Lovers $3,250 New Calistoga Senior Community Programming / Rianda House
$5,000 to
include covering
cost of space
rental fees
4552
Item #7.1.
and/or
significant staff
time
Soroptimist/Read Aloud Partners Program $1,680 New
UpValley Family Centers/Enrichment Programs $6,000 4479 Total: $37,865
PASSED, APPROVED AND ADOPTED this 20th day of September 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.
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 #7.1.
Resolution No. 2022-029
PASSED, APPROVED AND ADOPTED this 19th day of April 2022. I, MARNI RITTBURG, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Councilmembers Gift, Kraus, and Williams, Vice Mayor Lopez-Ortega and Mayor Canning
None
None
None
Marni
~R~ Rittburg, CMC~
APP~h
Chris Canning, Mayor
Item #7.1.