Calistoga City Council
February 7, 2023

Mayor
Donald Williams
Vice Mayor
Irais Lopez-Ortega
Councilmembers
Lisa M. Gift
Scott Cooper
Kevin Eisenberg
AGENDA
City Council - Regular Meeting
Tuesday, February 7, 2023 - 6:00 PM
Calistoga Community Center
1307 Washington Street, Calistoga, CA 94515
Hybrid

* 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.

City Councilmembers and staff essential to this meeting will be present at the meeting or may teleconference into the meeting.

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 as shown below:

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. In Person: Fill out a Speaker Card and provide to the City Clerk before the meeting begins. Virtual (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-InWebinar.

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. To ensure the City Council receives your written comments prior to taking action, they must be received by 2:00 p.m. on the day of the meeting.

All written comments received by this deadline will be provided to the City Council and posted online in advance of the meeting. Comments received after the 2:00 p.m. deadline will be provided to the City Council and included with supplemental materials after the meeting. No written comments will be read verbally at the meeting. The City of Calistoga thanks you in advance for taking all precautions to prevent spreading the COVID-19 virus. Note: The methods of observing or listening to the meeting or providing public comments may be altered or the meeting may be cancelled, if needed, due to certain technical disruptions.

Page

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

2. REPORT FROM CLOSED SESSIONS

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

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

3.1. Item 3 - Public Comment 5

3.2. Item 3 - Public Comments - Non-Agenda Items - Redacted 6 - 8

3.3. Item 3 - Supplemental Public Comment - Redacted 9

4. ADOPTION OF MEETING AGENDA

5. CITY MANAGER’S REPORT

6. PROCLAMATIONS/PRESENTATIONS/ AWARDS

6.1. Update on recent water conservation rates, public outreach efforts, and current drought conditions.

Recommended Action: Receive presentation.

Staff Report - Water Conservation Presentation - Pdf
Water Conservation Presentation 02072023 FINAL
10 - 21

6.2. Tobacco Grant & SRO Program Update
Youth Tobacco Resources Handout - Supplemental
22 - 23

7. CONSENT CALENDAR

7.1. Approve the Minutes of the June 21, 2022, City Council Regular Meeting and the June 24, 2022, Special Meeting as submitted.

Recommended Action: Approve Minutes
Staff Report - Minutes
24 - 31

7.2. Consider adopting a Resolution confirming the Mayor's Appointment of Jenna Franquelin to the Green Committee.

Recommended Action: Consider adopting the Resolution.

Staff Report - Appointment to the Green Committee. - Pdf 32 - 35

7.3. Consideration of the annual report on the development agreement for the Veranda at Indian Springs Project.

Recommended Action: Consider adopting Resolution finding that that the Developer is in good faith compliance with the terms and conditions of the Veranda at Indian Springs development agreement.

Staff Report - Annual Review of Development Agreement for the Veranda at Indian Springs Project - Pdf
36 - 41

7.4. Consideration of the final annual report on the development agreement for the Calistoga Hills project.

Recommended Action: Consider adopting Resolution finding that that the Developer is in good faith compliance with the terms and conditions of the Calistoga Hills development agreement.

Staff Report - Annual Review of Development Agreement for Calistoga Hills Project - Pdf
42 - 46

7.5. Consider adopting a Resolution to enter into a field use agreement with Calistoga Little League for the use of a portion of Logvy Field for little league practice, games, and activities.

Recommended Action: Adopt Resolution.

Staff Report - Calistoga Little League Logvy Field Use Agreement - Pdf 47 - 56

7.6. Consider adopting a Resolution to amend the Personnel and Staffing Listing and the Salary Schedule.

Recommended Action: Adopt Resolution amending the Personnel and Salary Listing and the Salary Schedule.

Staff Report - Personnel and Staffing Listing and Salary Schedule Amendments - Pdf
57 - 61

7.7. Consideration of a Resolution authorizing the City Manager to execute a Consultant Services Agreement with M-Group to prepare an EIR for the 2565 Grant St Vesting Tentative Map project as part of the CEQA analysis.

Recommended Action: Adopt the attached resolution.

Staff Report - Consultant Services Agreement 2565 Grant Street – CEQA Environmental Impact Report (EIR) - Pdf
62 - 84

7.8. Consideration adopting a Resolution authorizing the City Manager to execute a Consultant Services Agreement with Economic & Planning Systems, Inc. (EPS) to prepare a comprehensive update of the Calistoga (City) Development Impact Fee (DIF) Program.

Recommended Action: Adopt Resolution.

Staff Report - Consultant Services Agreement Development Impact Fee Program Update - Pdf
85 - 103

8. GENERAL GOVERNMENT
None

9. COUNCIL REQUESTS AND IDEAS FOR DISCUSSION

10. 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.

SUPPLEMENTAL MATERIAL RECEIVED AFTER THE POSTING OF THE AGENDA:

Any supplemental writings or documents distributed to a majority of the City Council regarding any item on this Agenda, after the posting of the Agenda, such writings or documents will be made available on the City’s website and will be available for public review in the City Clerk’s Office located at 1232 Washington Street, Calistoga, California, during normal business hours and by appointment.

AMERICANS WITH DISABILITIES ACT: The City can provide special assistance for persons with disabilities to participate in public meetings. To make a request for disability-related modification or accommodation please contact the City Clerk at [email protected] or (707) 942-2807. If you need assistance or accommodation, please provide notice at least 48 hours prior to the meeting. For TTY/ Speech-to-Speech users, dial 7-1-1 for the California Relay Service, offering free text-to-speech, speech-to-speech, and Spanish language services 24 hours a day, 7 days a week.

Se les pide por favor que avise con 48 horas de anticipación cuando haga un pedido para asistencia. Esto les da suficiente tiempo antes de la junta para permitir que la ciudad tome medidas razonables.

POSTING: I declare a copy of this agenda was posted at City Hall, 1232 Washington Street, Calistoga, among other locations in the city limits of Calistoga, on January 31, 2023 by 4:30 p.m.

~dditional ~~~ ?
Meeting of---11~~-c...-a.i,. ~~0\ ='-"_,. =1
Item No. ~ 1 /. J
Distribut~ ~ & ;;_3 "':"'
January 31, 2023
To: Calistoga City Council (Donald Williams, lrais Lopez-Ortega, Lisa Gift, Scott Cooper, Kevin Eisenberg)
From: NCN! Steering Committee (Lynne Baker, Marilyn Knight-Mendelson, Chris Benz, Linda Brown, Jim Wilson)
Cc: Marni Rittburg, City Clerk
Re: Accurately communicating the urgent nature of needed climate action It has come to our attention that Mr. David Morrison, Napa County Interim CEO, is making a series of presentations to government bodies represented on the Countywide Climate Action Committee (CAC), at the CAC's request, to orient new members to the work of the CAC and see if the councils are still on board with upcoming JPA expenses to complete a regional CAP. 7osr-e.d
We appreciate his efforts. However, it appears that there is one very important aspect that is not coming across clearly in this presentation - the urgent timeframe for definitive action. Please note that all five municipalities in Napa, Napa County, plus the Napa Valley Unified School District and the Napa County Resource Conservation District, passed Climate Emergency Resolutions (or Proclamations) in the past 18 months committing to achieve net zero climate pollution by 2030.

As reported in the Napa Register this past October, "Calistoga was the first. In August 2021, the Calistoga City Council passed a Climate Emergency Resolution committing to a goal of net zero climate pollutant emissions by 2030. The other cities and town in Napa County followed suit, and in June 2022, the Napa County Board of Supervisors passed its own resolution with a target of 2030." https://napavalleyregister.com/lifestyles/home-and-garden/columnists/the-climat e-connect ion-napacou nty-cities-i n itiate-climate-action/article 12c6cf6c-50ce-1 led-a6c4-a bf97 d70496d. htm I The science is clear. Reducing climate heat in this decade is the key to holding global temperatures below the extremely dangerous 1.5°C anomaly threshold. Pushing off the hard decisions to make this happen is no longer a good option. As Napa City Councilwoman Liz Alessio said in October, "We no longer have the luxury of time. We need to put action behind our Climate Emergency Resolution ... " Napa Climate NOW! will be happy to review this science with you, in an agendized presentation to the city council, and in addition, in meetings with individual city council members. We stand ready to support you each step of the way in evaluating the best climate mitigation options for residents of Napa County.

Napa Climate NOW! • napa.350bayarea.org
Advocating for urgent climate action based on the latest climate science Item #3.1.

Marni Rittburg
From:

Sent:

To:

Subject
Adam Hemberger
Tuesday, February 7, 2023 12:09 PM
Public Comment
No on Measure E
Addili
Mectingof,........:>.+--::r¥-----=
ltem
Distributed """'"-·~::,J,....._
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.

Very disappointed in the way this was written and handled. Measure E does NOT guarantee that the city will reopen the golf course or preserve the land as open space and there is no clear path forward. I do want the fairgrounds to be activated commercially for the city, but not having a plan ISNT the way. Measure E will increase the cost of living in calistoga and after the fires, and covid, we should be using resources to help small businesses and make it easier for them to open, not harder. Ultimately, Measure E will not protect the Fairgrounds, the business plan needs refinement and the terms of the deal need to be modified to be in the best interest of land owners and residents. -Adam H.
1 Item #3.2.

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Distributed ~ f ~~~'3,
This letter is about Measure E, the acquisition and maintenance of the fairgrounds. I will reference the city documents in front of you, one directly from the City website and the other from the staff report of the October 4th, 2022, city council meeting.

From the City website, Measure E information shows that the city will incur a $27.5 million bond and $4 million \\1.ll be collected annually. Leaving out the total cost of Measure E or a breakdown of how the $4 million will be appropriated is incomplete and misleading. The voters should be informed that the total commitment of a yes vote could be approximately $120 million over 30- years or $148 million over 3 7-years.

Only on the city document dated October 4th, is a specific breakdown of how the $4 million collected annually, will be used.

Only on the October 4th document does it show, $1.50 million annually will be used to pay back the bond and the debt services, equaling approximately 40% of the special tax money collected.

The remaining $2.5 million will go toward administration fees and equipment, equaling 60% of the special tax money collected. Totaling the annual $4 million. Nowhere in any documents does it show that over a 37-year span, the total collected amount could be approximately $148 million.

I think the city should be concerned about violating the fair political practice laws related to ballot disclosure and lobby activities. I have serious doubts about the competence of the consulting firms hired to advise the City. By not disclosing the actual bond payment numbers and operating/equipment cost included to make up the $4 million total of Measure E, raised the question, did the consulting firm purposefully leave out these numbers to confuse the voters.

In perspective according to the proposed City Budget figures for 2022-2023, The Police department is $3,848,002.

The Fire department budget is $2,640,379.

And the good thing about looking at the city budgets, there is transparency, I can see the salary of the police chief and the fire department chief.

Respectfully,
Donna Higgins
Item #3.2.

Additiona~I Vlritin~
Meetingof _ ?(~3
Item No. '3..-
l)istributed o~=G&is _..,,..__.'.) _ l':;H ~ +
February 7, 2023
To:

Mayor Donald Williams
Council members:

Lopez-Ortega
Cooper
Eisenberg
Gift
-?~+e.J,
I am coming before you in opposition to the proposal Measure E represents. I want to make it clear that I am in favor of owning the fairground property but not the financial plan the city has negotiated with the County of Napa.

The information is inconsistent.

These figure come from the city's website which, to date, has not been updated to read differently:

The purchase price of the bond is stated to be 27,500,000. You are asking us to finance the payback at the price of $4,000,000. annually. For 37 years. $4,000,000 x 37 years= $148,000,000.

Now comes the voter pamphlet which will accompany our ballot:

It states that a yes vote authorizes the issuance of a bond not to exceed $27,500,000 with a term not exceeding 40 years.
4,000,000 x 40 years= 160,000,000.

So, working with a bond price of $27,500,000 and using the city's projection of $4,000,000. annually to pay back the bond for 37 years I come up with the difference of $120,500,000.

For 40 years I come up with a difference of $132,500,000.

Where is the money ~ our money ~ collected in the excess of the bond payment, going? There is an abundance of additional misinformation circulating on various communication networks, including the Tribune.

There is no TOT money going towards the payment of measure E.

The use of this property is not immediate.

Most of the property is not ADA compliant and most of the buildings are not up to code.

It is going to take years to realize the vision.

Thank you,
Jeri Hansen
Item #3.2.

Marni Rittburg
From:

Sent:

To:

Subject
larry kromann
Tuesday, February 7, 2023 4:51 PM
Public Comment
after Measure E's vote
Additional WritiD
Meeting of a.lW &-3
item No. ~ l!<'l."2
Distributed -a.is"-~(~ Pi ✓
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CAUTION: This email originated from outside of the org_anization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

My name is Larry Kromann, 19 Rockrose Ln in the Springs MH park.

Observation: Historically, getting 2/3rds vote on any Measure is a very high bar.

Has the Council considered what it might do to make sure the Fairgrounds continues under the management by the community and as much of its past operations also continue to be used and enjoyed by our community's families. It appears that the community is strongly in favor of obtaining the fairgrounds but has strong feelings against local families and business being made to pay for it over 30 plus years. Is the council willing to consider reestablishing negotiations with the County on behalf of our community?
Sent from my iPhone
1 Marni Rittburg I Si ?at “ From: larry kromann — Sent: Tuesday, February 7, 2023 4:51 PM To: PublicComment
Subject: after Measure E's vote
CAUTION:This email originated from outside of the nization. Do not clicklinks or open org? attachmentsunless you recognize the sender and know t e content is safe.

My name is Larry Kromann, 19 Rockrose Ln in the Springs MH park.

Observation: Historically,getting2/3rdsvote on any Measure is a very high bar.

Has the Council considere what it might do to make sure the Fairgrounds continues under the management by the community and as much of its past operationsalso continue to be used and enjotyed by our c0Inmunity’s families. It appears that the community is strongly in favor of obtaining the airgrounds but has strong feelings against localfamilies and business being made to pay for it over 30 plus
Is the counci
community?
ears. lwilling to consider reestablishing negotiations with the County on behalf of our Sent from my iPhone
Item #3.3.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Mitchell Egert, Water Conservation Technician
Meeting: City Council - Feb 07 2023
Subject: Water Conservation Presentation
DESCRIPTION:

Update on recent water conservation rates, public outreach efforts, and current drought conditions.

RECOMMENDATION:

Receive presentation.

BACKGROUND/SUMMARY:

Staff has prepared a presentation to inform the council and public of the status of the recent water conservation rates, public outreach efforts, and current drought conditions.

CEQA STATUS:

The presentation is exempt from CEQA.

FINANCIAL IMPACT:

None
APPROVAL(S):

Nitish Sharma Approved - Jan 26 2023
Laura Snideman, City Manager Approved - Jan 30 2023
Marni Rittburg, City Clerk Approved - Jan 30 2023
Item #6.1.

1 Water Conservation
Update
City Council Meeting
Tuesday, Feb. 7th, 2022
Mitchell Egert, Water Conservation Technician
ATTACHMENT 1Item #6.1.

Drought update
U.S. Drought Monitor:

Before & after atmospheric rivers (Dec 26 - Jan 17)
2 Before After
Link
Current
Item #6.1.

3 Before After/current
Major California Reservoir Conditions
Link
Item #6.1.

4 Kimball Reservoir 12.7.22 (19% full) Kimball Reservoir 1.24.23 (100% full) Kimball Reservoir, then and now…
Now, let’s make it last!
Item #6.1.

5 -15.24%
-26.37%
Monthly cumulative average savings
rate (July 2021 – Jan. 2023):
-11.64%
Equivalent of 160.43 AF. has been
saved. That’s 30.49 AF more than
Kimball Reservoir’s total production in
2021!
(during our months of conservation July
2021- present vs same 2020 timeframe)
Conservation rates: 2022 in review

0.6%*
*Subtracts hydrant flushing
(approx. 500,000 gallons or 1.53 af)
-23.01%
Item #6.1.

6 Conservation and efficiency remain the cheapest,
fastest, and most environmentally friendly new
sources of water.

Item #6.1.

Water
conservation
and efficiency
at work.
7 Despite community and
commerce growth, water
demand has fallen over
28%
in the last 28 years thanks to
water efficiency
improvements and
conservation awareness.

Item #6.1.

Recent efforts, campaigns
8 Item #6.1.

Looking ahead…
9 ZunZun water conservation
assembly at the Calistoga
Elementary School
Feb. 22nd
Item #6.1.

Cash for Grass lawn conversion
rebate grant reimbursement
• Calistoga is slated to receive approx. $6,800
reimbursement for a portion of our Cash for
Grass rebates since summer 2020.
10 Item #6.1.

Thank you, Calistogans!
Please keep conserving and
improving water efficiency!
Tips, resources, rebates:
• Conservecalistoga.org
• Rebate brochure
Also visit:
• Saveourwater.com
Calistoga Public Works
Water Conservation Program
11 Item #6.1.

STUDENT RESOURCES
Aldea*
(Cessa t io n) .

Proj ect X is a wee k s lo ng
c essa ti o n prog ra m av a il a bl e o n
sc hoo l ca mpu s or virtu a ll y
httr:2s://www.a Idea i nc.org.L
Friday Night Live*
(Advo cacy)
Frid ay Ni g ht Live is a prog ra m
th at bui ld s p a rtn e rships for
p os itive a nd h e a I thy youth
d eve lo p m e nt e ng ag ing yo uth
as act ive lea d e rs a nd reso urces
in th e ir commun iti es.
httQs://friday_oj_g htl ive.tcoe.orgL
Kick It CA*
(Cessatio n)
Free se rvi ce s in c lud ing se lfh e lp m at e r ia Is and on e-on -on e co un se ling . httQs://kickitca.orgL
Smokefree.gov
(Cessatio n)
Sm o k efree Tee n
httQs://teen.smokefree.gov/
UpValley Family Centers*
(Advo c a cy and Cessation)
Support Se rvi ces
• CLARO/CLARA
• Coun se ling a nd support
• UpVa ll ey Pa rtn e rship for
Youth Coa lit ion
httr:2s://ti nY-u r I.co m/msr:2hc54n
*Some resources are available
in Spanish
**Please Note: District staff
should connect with school
administration to access
e xisting on site resources and
to access listed online
resources.

Napa County Office of
Education*
Tob acc o & Va pin g Preve ntion
Edu ca ti o n: p a re nt reso urces
a nd sc h·oo l-b ase d resour ces
httr:2s://na r:2acoe.orgLr:2hw/tu R£i_
Napa County Public
Health - Tobacco Control
Program*
Cessa ti o n Reso ur ce: Quittin g
Res ou rces
httQs://ti nY-U rl.com/38nv64at
American Cancer Society
Kee p in g Your Kid s To b acc o -
Fr ee
httr:2s://ti nY-U rl .com/ms8fdf9b
Campaign for TobaccoFree Kids
Resources for Pa re nts
httQs://ti nY-U rl .comfr7t rt bu 4
National Institute on
Drug Abuse*
Resources for Pa re nt s a nd
Edu ca t o rs
httr:2s://ti nY-U r I .co m/Y-C2Q2w5e
Parents Against Vaping*
Advocacy and e du ca tion
org a nization
htt QS://ti nY.'.u r l.com/m Q r3 Qbr m
Partnership to End
Addiction*
What fa mili es n ee d to know to
protect y outh
httQs://ti nY-U rl.com/54rhY-dwc
The Truth Initiative
Va ping a nd Flavor s Reso urces
httQs://ti nY-U r I.com/ 4Q.QV8jxn_
UNDO
Flavor s Hook Kid s Va ping
Res ources
httr:2s://ti nY.'.u rl .com/md h nftv7
EDUCATOR RESOURCES**
School Resource
Officers
CJU SD: Officer Samantha
Arlen 707 -942 -2810
SHU SD: Officer Melissa Brown
707-967-285 0
CATCH My Breath
Ev id e n ce- Based Va pin g
Pr eve ntion Pro gram
httr:2s://ti nY-u rl.com/3mwkb74u
American Cancer
Society
Grea t Am e r ic an Smokeo ut
htt r:2s://ti nY-U r l.com/ykY-Qrb ku
FDA Center for Tobacco
Products
Vap ing Pr ev e ntion a nd
Edu ca tion Reso urce Ce nte r
httr:2s://ti nY-u r I .com/3 b h2a s2j
Scholastic*
Th e Re a l Co st of Vaping
httQs://ti nY-U rl.com/2Q95h37e
Stanford Medicine
Toba cco Preve nti o n Too lkit
htt r:2s://ti nY-u r I.co m/498sfY-z2
Tobacco Education
Resource Library
Smoking Cessat ion Edu c ation
Post e rs
httQs://ti nY-U rl.com/Sx4Q.Qd3n
A|dea*
(Cessation)
Project X is a weeks long
cessation program available on
school campus or virtuall
https://www.aldeainc.org
Friday Night Live*
(Advocacy)
Friday Night Live is a program
that builds partnerships for
positive and healthy youth
development engaging youth
as active leaders and resources
in their communities.
https://fridaynightlive.tcoe.org[
Kick It CA*
(Cessation)
Free services including selfhelp materials and one—on—one counseling. @ps:[[kickitca.org[ Smokefree.gov
(Cessation)
Smokefree Teen
https://teen.smokefree.gov/
Upvalley Family Centers*
(Advocacy and Cessation)
Support Services
- CLARO/CLARA
- Counseling and support - Upvalley Partnership for
Youth Coalition
https://tinyurl.com/msphc54n
*Some resources are available
in Spanish
**Please Note: District staff
should connect with school
administration to access
existing on site resources and
to access listed online
resources.

PARENT RESOURCES
Napa County Office of
Education*
Tobacco & Vaping Prevention
Education:parent resources
and school—based resources
mr>_s::1./r1_arua.&e_._Q.r_gZi3t1:w@lc&[
Napa County Public
Health — Tobacco Control
Program*
Cessation Resource: Quitting
Resources
https://tinyur|.com/38nv64at
American Cancer Society
Keeping Your Kids TobaccoFree
httpsj/tinyurl.com/ms8fdf9b
Campaign for TobaccoFree Kids
Resources for Parents
https://tinyurl.com]y7trtbu4
National Institute on
Drug Abuse*
Resources for Parents and
Educators
https://tinyurl.com/yc2p2w5e
Parents Against Vaping*
Advocacy and education
organization https://tinyurl.com/mpr3pbrm
Partnership to End
Addiction*
What families need to know to
protect youth https://tinyurl.com/54rhydwc
The Truth Initiative
Vapingand Flavors Resources
https: /tinyurl.com/4|c_:pv8j><n
UNDO
Flavors Hook Kids Vaping
Resources
https://tinyurl.com/mdhnftv7
School Resource
Officers
CJUSD: Officer Samantha
Arlen 707-942-2810
SHUSD: Officer Melissa Brown
707-967-2850
CATCH My Breath
Evidence—Based Vaping
Prevention Program
https://tinyurl.com/3mwkb74u
AmericanCancer
Society
Great American Smokeout
https://tinyurl.com/ykyprbku
FDA Center for Tobacco
Products
Vaping Prevention and
Education Resource Center
https://tinyurl.com/3bh2as2j_
Scholastic*
The Real Cost of Vaping https://tinyurl.com/2p95h37e
Stanford Medicine
Tobacco Prevention Toolkit
https://tinyurl.com/498sfyz2
Tobacco Education
Resource Library
Smoking Cessation Education
Posters
https://tinyurl.com/5><4ppd3n
Item #6.2.

RECURSOS PARA JOVENES
Aldea
(El d ejar d e fumar)
Project X: prog r a ma d e
cesac i6n de sema na s de
duraci6n dispon ible e n e l
ca mpu s d e la esc u e la o
v irtu a lm e nte (e n l1n ea )
http_s://www.a Idea i nc .orgL
Friday Night Live
(Apoyo)
Fr iday N ight Live es un
progra ma qu e co nstruye
a li a n zas p ara e l d esa rro ll o
posit ivo y sa ludable d e las
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THTSRESDURLE LISTWASDEVELDPED TNPARTNERSHIP WTTH(ESTALTSTADEREEURSDS EUEESARRDLLADA ENEDLABDR

LDNTI ALDEA, BLUEEDNES PRDTELT UPPERNAPAVALLEY, LALTSTDGA TDENT UNTEEED SLHDDL DTSTRTLT, LALTSTDGA ALTDN PDLTLE DEPARTMENT, NAPA[DUNTY- DEETLE DEEDUEATTDN, NAPALDUNTY - PURLTE HEALTH, ST.HELENA PDLTEE DEPARTMEN T, ST.HELENA UNTETED SLHDDL DTSTRTET, ANDUPVALLEY EAMTLT [ENTERS Item #6.2.

CITY OF CALISTOGA
STAFF
REPORT
TO:

FROM:

DATE:

Honorable Mayor and City Council
Marni Rittburg, City Clerk
February 7, 2023
SUBJECT: Approve Minutes
Approved by:

Laura Snideman, City Manager
DESCRIPTION:

Consider approving the Minutes of the June 21, 2022, Regular City Council Meeting and the June 24, 2022, Special Meeting.

RECOMMENDATION:

Approve the minutes as submitted.

ATTACHMENTS:

June 21, 2022, Regular City Council Meeting Minutes
June 24, 2022, Special Council Meeting Minutes
Item #7.1.

DRAFT MINUTES

CALISTOGA CITY COUNCIL

REGULAR MEETING
Tuesday, June 21, 2022 - 6:00 P.M.

Virtual Meeting

1. CALL TO ORDER - ROLL CALL - SALUTE TO THE FLAG
Mayor Canning called the regular session to order at 6:21 p.m.

Present: Councilmembers Gary Kraus, and Donald Williams; Vice Mayor lrais LopezOrtega, and Mayor Chris Canning

Absent: Councilmember Lisa Gift

2. REPORT FROM CLOSED SESSION
Mayor Canning reported that the City Council met today, June 21, 2022, at 4:00 PM for a Closed Session regarding the Napa County Fairgrounds and there was no reportable action taken in Closed Session. In addition, Mayor Canning reported Council also met in Closed Session regarding Anticipated Litigation and there was no reportable action taken in Closed Session

3. ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS Oral communication was received . For oral communication and public comment content, for any item on the agenda, view the video of the meeting available on the City's YouTube channel at https://www.youtube.com/user/CityofCalistoga or visit the City's Website at:
https://calistoga.civicweb.neUPortal/Meetinglnformation.aspx?Org=Cal&ld=265

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

AYES:

NOES:

ABSTAIN:

ABSENT:

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

5. CITY MANAGER'S REPORT
No report was given.

Item #7.1.

Calistoga City Council Minutes
June 21, 2022

6. PROCLAMATIONS/ PRESENTATIONS/ AWARDS

6.1 Updated on recent HAAS measurements in Calistoga's water supply.

Recommended Action: Receive presentation.

Public Works Director Derek Rayner presented a PowerPoint presentation informing the Council and public of the status of the recent HAAS measurements in Calistoga's water supply and related plans. No public comments were received.

7. CONSENT CALENDAR
Item 7.1 was pulled by Mayor Canning for separate discussion/action. Public comment was not received. Motion by Vice Mayor Lopez-Ortega, second by Councilmember Williams and passed by the following roll call vote, Council approved all remaining Consent Calendar items:

AYES: Councilmembers Kraus and Williams, Vice Mayor Lopez-Ortega and Mayor Canning
NOES: None
ABSTAIN: None
ABSENT: Councilmember Gift
M Item Pulled from Consent Calendar by Mayor Canning Consider adopting a Resolution a•Narding a Construction Contract to Ghilotti Bros., Inc. for the Berpt Street Pa>1ement Rehabilitation Project.

ReGommended AGtion: Consideration adopting a Resolution that: 1.

Conditionally ai.•.,ards a construction contract for the base bid and bid alternati•,e ·to Ghilotti Bros. Inc., for the Berry Street pa>1ement Rehabilitation Project (Project) in the amount of $502,490, subject 1o Ghilotti Bros. Inc., providing all documentation. 2. Appro11es the Project construction budget in the amount of $605,000, which includes the base bid of $464 ,850, additive bid alternafr.,e of $37,640, and a contingency of 20% for construction management and inspections and authorizes the Public Works director to negotiate and appro>1ed contract change orders up to the appro>1ed construction budget amount. a. Authorizes the City Manager to execute the Project contract on behalf of the City of Calistoga. 4. Directs staff to issue a notice of a1Nard to Ghilotti Bros. Inc., and otherwise administer the Project. 5.

In the event Ghilotti Bros. Inc., is unable to meet the conditions of a•Nard, awards the construction contract to Granite Construction Company conditioned upon Granite Construction Company pro•,iding all documents in satisfaction of the bid award requirements.

7.2 Consider adopting Resolutions calling a General Municipal Election to be held Tuesday, November 8, 2022 (Resolution 2022-044); requesting consolidation with the statewide General Election (Resolution 2022-045); Item #7.1.

Calistoga City Council Minutes
June 21, 2022

and pertaining to the submission of Candidates Statements (Resolution 2022-046).

Recommended Action: Consider adopting the Resolutions.

7.3 Consultant Services Agreement with John Draper, P.E. Consider adopting Resolution 2022-047 that: 1. Authorizes Amendment No. 6 to the Consultant Services Agreement with John Draper, P.E., for Consulting Services for Capital Improvement Project Development and Project Management. 2.

Authorizes the City Manager to execute Amendment No. 6 to the Consultant Services Agreement No. 724 on behalf of the City of Calistoga.

Recommended Action: Consider adopting the Resolution.
7 .4 Consider adopting Resolution 2022-048 accepting a Notice of Completion for the Foothill Boulevard/Petrified Forest Road Intersection Traffic Signal Project.

Recommended Action: Consider adopting the Resolution.

7.5 Consider adopting Resolution 2022-049 adopting the Fiscal Year 2022-23 appropriation limit.

Recommended Action: Consider adopting the Resolution.

7.6 Consider adopting Resolution 2022-050 authorizing the City Manager to execute a Professional Services Agreement with Marin IT for Information Technology Services in an amount not to exceed $155,734 over the course of the fiscal year.

Recommended Action: Consider adopting the Resolution.

7.7 Consider adopting Resolution 2022-051 approving Operating and Capital Improvement Budget adjustments for Fiscal year 2021-22.

Recommended Action: Consider adopting the Resolution.

MAYOR CANNING DIRECTED PULLED CONSENT CALENDAR ITEM 7.1 TO BE CONSIDERED AT THIS POINT IN THE MEETING:

7.1 Item Pulled from Consent Calendar by Mayor Canning - Consider adopting a Resolution awarding a Construction Contract to Ghilotti Bros., Inc. for the Berry Street Pavement Rehabilitation Project.

Recommended Action: Consideration adopting a Resolution that: 1.

Conditionally awards a construction contract for the base bid and bid alternative to Ghilotti Bros. Inc., for the Berry Street pavement Rehabilitation Project (Project) in the amount of $502,490, subject to Ghilotti Bros. Inc., providing all documentation. 2. Approves the Project construction budget in the amount of $605,000, which includes the base bid of $464,850, additive bid alternative of $37,640, and a contingency of 20% for construction management and inspections and authorizes the Public Works director to Item #7.1.

Calistoga City Council Minutes
June 21, 2022

negotiate and approve contract change orders up to the approved construction budget amount. 3. Authorizes the City Manager to execute the Project contract on behalf of the City of Calistoga. 4. Directs staff to issue a notice of award to Ghilotti Bros. Inc., and otherwise administer the Project. 5.

In the event Ghilotti Bros. Inc., is unable to meet the conditions of award, awards the construction contract to Granite Construction Company conditioned upon Granite Construction Company providing all documents in satisfaction of the bid award requirements.

Director of Public Works Derek Rayner responded to questions regarding this item posed by Mayor Canning.

Public comment was not received. Motion by Mayor Canning, second by Councilmember Williams and passed by the following roll call vote, Council adopted Resolution 2022-043 awarding a construction contract to Ghilotti Bros. Inc., for the Berry Street Pavement Rehabilitation Project:

AYES:

NOES:

ABSTAIN:

ABSENT:

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

8. PUBLIC HEARING
None

9. GENERAL GOVERNMENT

9.1 First Amendment to Agreement for City Attorney Services Recommended Action: Consider adopting the Resolution.

City Manager Laura Snideman presented the item. Council and staff discussion ensued. City Manager Snideman noted there hasn't been a rate adjustment in more than a decade.

Public comment was not received. Motion by Vice Mayor Lopez-Ortega, second by Councilmember Williams and passed by the following roll call vote, Council adopted Resolution No. 2022-052 authorizing and approving the First Amendment to Agreement for City Attorney Services between City of Calistoga and Burke, Williams & Sorensen, LLP.

AYES:

NOES:

ABSTAIN:

ABSENT:

Councilmembers Kraus and Williams, Vice Mayor LopezOrtega and Mayor Canning None
None
Councilmember Gift
Item #7.1.

Calistoga City Council Minutes
June 21 , 2022

9.2 Consider adopting a Resolution Adopting the City of Calistoga Fiscal Year 2022-2023 Operating and Capital Improvement Budgets
Recommended Action: Consider adopting Resolution
City Manager Laura Snideman introduced the item and turned the presentation over to Administrative Services Director Gloria Leon. Council and staff discussion ensued.

Public comment was received. Motion by Councilmember Kraus, second by Vice Mayor Lopez-Ortega and passed by the following roll call vote. Council adopted Resolution 2022-053 adopting the Operating and Capital Improvement Budgets for all funds for Fiscal Year 2022-2023.

AYES:

NOES:

ABSTAIN:

ABSENT:

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

9.3 Consider cancelling the July 5, 2022, Regular City Council Meeting Recommended Action: Cancel the Regular City Council Meeting of July 5, 2022.

Public comment was not received. City Manager Laura Snideman presented the item. Motion by Councilmember Kraus, second by Vice Mayor Lopez-Ortega and passed by the following roll call vote, Council cancelled the July 5, 2022, City of Calistoga City Regular Council meeting.

AYES:

NOES:

ABSTAIN:

ABSENT:

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

9.4 Consider adopting a Resolution related to Green Initiatives, Calistoga Green Committee, and associated budget for Fiscal Year 2022-2023.

Recommended Action: Consider adopting Resolution
Planning and Building Director Jeff Mitchem presented this item and provided a PowerPoint presentation. Council and staff discussion ensued. Council provided direction to staff. Additional input was given by City Manager Snideman and Green Committee member Antoinette Mailliard.

Public comment was received. Motion by Councilmember Williams, second by Vice Mayor Lopez-Ortega and passed by the following roll call vote, Council adopted Resolution 2022-054 as amended, defining the Green Item #7.1.

Calistoga City Council Minutes
June 21, 2022

Committee's role, duties, and initiatives, and associated budget for Fiscal Year 2022-2023.

AYES: Councilmembers Kraus and Williams, Vice Mayor LopezOrtega and Mayor Canning NOES: None
ABSTAIN: None
ABSENT: Councilmember Gift

10. COUNCIL REQUESTS AND IDEAS FOR DISCUSSION
Council mentioned the following topics: staying safe in the heat, and power outages.

To view the video of the meeting, please visit the City's YouTube channel at https://www.youtube.com/watch?v=Ssh654d4t-o&t=1484s or visit the City's Website at:
https :/ /ca I is toga. civicweb. net/Porta I/Meeting Information. aspx?Org=Cal& Id =265

11. ADJOURNMENT
Mayor Canning adjourned the meeting at 9:12 p.m.

Respectfully Submitted
Prepared by:

Marni Rittburg, City Clerk
Approved by:

Donald Williams, Mayor
Approved:

Item #7.1.

DRAFT MINUTES

CALISTOGA CITY COUNCIL

SPECIAL MEETING
Friday, June 24, 2022 - 3:00 P.M.

Closed Session - Virtual Meeting

1. CALL TO ORDER - ROLL CALL
Mayor Canning called the special session to order at 3:04 p.m.

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

Absent: None

2. ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS Oral communication was not received. For oral communication and public comment content, for any item on the agenda, view the video of the meeting available on the City's YouTube channel at https://www.youtube.com/user/CityofCalistoga or visit the City's Website.

3. RECESS TO CLOSED SESSION ON THE FOLLOWING MATTER:

Mayor Canning announced they were not anticipating any reportable action and would not return from Closed Session. Council adjourned to Closed Session at 3:06 p.m.

3.1 Conference with Real Property Negotiations, GC §54956.8 Property: 1435 North Oak Street, APN 011 -140-006, APN 011-140-007, APN 011-140-055, APN 011-481-022
Agency Negotiator: Laura Snideman, City Manager
Negotiating Parties: Napa County CEO, Minh C. Tran
Under Negotiation: Price and/or Terms for Payment for Potential Purchase of Property

4. CONVENED TO OPEN SESSION
The meeting was adjourned at 3:08 p.m.

Respectfully Submitted
Prepared by:

Marni Rittburg, City Clerk
Approved by:

Chris Canning, Mayor
I Approved:

Item #7.1.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Marni Rittburg, City Clerk
Meeting: City Council - Feb 07 2023
Subject: Appointment to the Green Committee.

DESCRIPTION:

Consider adopting a Resolution confirming the Mayor's Appointment of Jenna Franquelin to the Green Committee.

RECOMMENDATION:

Consider adopting the Resolution.

BACKGROUND/SUMMARY:

Pursuant to Government Code § 40605 the Mayor, with the approval of the City Council, shall make all appointments to boards, commissions, and committees.

A vacancy was created due to the resignation of June Knoblich. The vacancy was advertised on the City’s website, the local adjudicated newspaper, and posted in the display cases per the “Maddy Act.” While no new applications were received, during the most recent recruitment prior to the vacancy an application was received from Jenna Franquelin who remains interested in appointment. This would be to fill the vacancy for the remainder of the term, expiring December 31, 2023.

CEQA STATUS:

This item is exempt.

FINANCIAL IMPACT:

None
ATTACHMENT(S):

Attach 1 - RESO Mayors Appointment Green Comm. - Jenna Franquelin Jenna Franquelin Appl - Redacted
APPROVAL(S):

Nitish Sharma Approved - Jan 27 2023
Laura Snideman, City Manager Approved - Jan 30 2023
Marni Rittburg, City Clerk Approved - Jan 30 2023
Item #7.2.

RESOLUTION NO. 2023–XXX

RESOLUTION OF THE CITY OF CALISTOGA, COUNTY OF NAPA, STATE OF CALIFORNIA CONFIRMING THE MAYOR’S APPOINTMENT TO

THE GREEN COMMITTEE
WHEREAS, California Government Code Section 65300 states that the Mayor, with the approval of the City Council, shall make all appointments to boards, commissions, and committees; and
WHEREAS, the State of California has adopted the “Maddy Appointive List Act”, which requires the preparation of a list of all regular and ongoing commissions and committees appointed by the local legislative body. The Act also requires public notice to be given anytime a vacancy occurs on any of these ongoing bodies; and WHEREAS, the City Council wishes to utilize the largely untapped reservoir of talent which exists among the citizenry; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Calistoga hereby confirms the Mayor’s appointment of Jenna Franquelin to the Green Committee for the remainder of the term, expiring December 31, 2023.

PASSED, APPROVED AND ADOPTED this 7
th day of February 2023. 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 Donald Williams, Mayor
Item #7.2.

RECEIVED
OCT i O '·022 CITY of CALISTOGA

CITYCLSRK

BOARDS AND COMMISSIONS APPLICATION
Citizens are encouraged to serve on the various City commissions. Applications will be reviewed and interviews may be scheduled with the City Council. Commission appointments are made at a regular meeting of the City Council. Please print or type clearly.

Application for.

D City Active Transportation Advisory
Committee D City Building Standards Advisory and
Appeals Board I ✓ I Calistoga Green Committee D City Planning Commission D City Housing Advisory Committee Name: Franquelin, Jenna A.

Last
Home
Napa County Active Transportation Committee
Napa County Local Food Advisory Council
Napa County Measure A Financial Oversight Committee
Napa County Mosquito Abatement Board
Napa County Library Commission
Other Committees. _____ ____ _
First M.I.

Business Facsimile
Business Address .. · __________________________ _
Occupation: Administrative Assistant
Are you a resident of the City of Calistoga? Yesl I No D Years of residency: 20-25 If not, do you reside within the Calistoga Joint Unified School District? YesD No D Education and/or related background: ______ _____________ _ Bachelor in Environmental Science and Ed., Cal Poly Humboldt Licenses or special certificates held:

CPR and First Aid, 2020

RECEIVED
ocrtit '72: ClTYqfCAL|STOGA

CITYCLERK

BOARDS AND COMMISSIONS APPLICATION
Citizens are encouraged to senre on the various City commissions. Applications will be reviewed and interviews may be scheduled with the City Council. Commission appointments are made at a regular meeting of the City Council. Please print or type clearly.

Application for:

City ActiveTransportation Advisory Napa County ActiveTransportation Committee committee Napa County Local Food Advisory Council
City BuildingStandards Advisory and Napa County Measure A Financial Oversight Committee Appeals Board Napa County Mosquito Abatement Board
i/ Calistoga Green Committee Napa County Library Commission City Planning Commission Other Committees
City Housing Advisory Committee
Name: Franquelin, Jenna A.

Last First MI.

Telephone:

Home Business Facsimile
E-mall Address:

Physical Address ofResidence:

Mai.mgAdd,ess_.—
Business Address‘
Administrative Assistant Occupation:
20-25 Are you a residentofthe City of Calistoga? Yes / No Years of residency:

Itnot. do you reside withinthe Calistoga Joint Uni?ed School District? Yes No Education and/or related background:

Bachelor in Environmental Science and Ed., Cal Poly Humboldt Licenses or special certi?cates held:

CPR and First Aid.2020
Item #7.2.

City of Calistoga Boards & Commissions Application

Organizations to which you belong (professional, technical, community, services): DMFSC, Napa CART, Wallis Family Estate
State specifically why you wish to serve, why you believe you are qualified for the position, and what you might contribute to the group:

With my environmental science background, lifetime residency in Calistoga, and passion for this community, I'll offer this committee new passion, ideas, positive and productive collaboration.
(Use additional paper, if necessary)
References (include name and daytime phone number: (1) _E_d_w_a_r_d_W_a_l_li_s ______ _ (
2 ) Gretchen de Limur
List any other committees/commissions on which you have or currently serve, and the year(s) of service:

DMFSC Steering Committee, 1 yr
I am willing to share my personal email address an~one number with the public during my appointment on a Commission, Committee or Board? Yes ✓ I No LJ

DISCLOSURE AND REGULA TORY REQUIREMENTS
Upon appointment, designated members will be required to file an Assuming Office Statement of Economic Interests (Form 700) within 30 days of being sworn in. Covered officials will be required to take two hours of AB 1234 Ethics Training every two years. This application will become a public record and will be available for public inspection or duplication upon request in accordance with the Public Records Act.

I have read, understand, and will abide by this statement (please initial) J F I have sufficient time to devote to this responsibility and plan to attend the required meetings if I am appointed to fill a vacancy and I acknowledge that I have read and understand the disclosure and regulatory requirements.

Jenna A. Franquelin 10/20/2022
Signature of Applicant Date
Completed application should be returned to:

City of Calistoga
City Clerk
1232 Washington Street
Calistoga, CA 94515
For questions, please call the City Clerk at (707) 942-2807 City of Calistoga Boards &Commissions Application

DMFSC, Organizations to which you belong (professional, technical, community. services):

Napa CART, Wallis Family Estate
State speci?cally why you wish to serve, why you believe you are quali?ed for the position, and what you might contribute to megroup:

With my environmental science background, lifetime residency in Calistoga, and passion for this community, I'lloffer this committee new passion, ideas, positive and productive collaboration.
(Use additional paper. ifneoessary)
References (include name and daytime phone number: (1) Edward Wams - (2) Gretchen de Limur ‘
List any other committeeslcommissions on which you have or currentty serve, and the year(s) of service:

DMFSC Steering Committee, 1 yr
I am willingto share my personal email address and hone number with the public during my appointment on a Commission, Committee or Board? Yes / No |-E‘

DISCLOSUREANDREGULATORY REQUIREMENTS
Upon appointment. designated members willbe required to tile an Assuming Office Statement of Economic Interests (Form 700) within 30 days of being sworn in. Covered officialswill be required to take two hours of AB 1234 Ethics Training every two years. This application will become a public record and will be available for public inspection or duplication upon request in accordance withthe Public Records Act.

JF I have read, understand, and willabide by this statement (please initial) I have suf?cieottime to devote to this responsibility and plan to attend the required meetings It I am appointed to ?ll a vacancy and I acknowledge that I have read and understand the disclosure and regulatory requirements.

Jenna A. Franquelin 10/20/2022
Signature of Applicant Date
Completed application should be returned to:

City of Calistoga
City Clerk
1232 Washington Street
Calistoga, CA 94515
For questions. please call the City Clerk at (707) 942-2807 Item #7.2.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Jeff Mitchem, Planning & Building Director
Meeting: City Council - Feb 07 2023
Subject: Annual Review of Development Agreement for the Veranda at Indian Springs Project
DESCRIPTION:

Consideration of the annual report on the development agreement for the Veranda at Indian Springs Project.

RECOMMENDATION:

Consider approving the attached resolution (Attachment 1) finding that that the Developer is in good faith compliance with the terms and conditions of the Veranda at Indian Springs development agreement.

BACKGROUND/SUMMARY:

The City of Calistoga entered into a development agreement with MF Calistoga LLC (Developer) on November 17th, 2020 (Ordinance No. 748), with an effective date of December 31, 2020. The initial term of the Agreement was seven years, as allowed by the Agreement. Its current expiration date is December 31, 2027.

The Agreement provided the developer with certain assurances that they may proceed with a development project (known as “Veranda”) on 7 acres at 1504 Lincoln Ave that includes a resort hotel consisting of up to 97 keys, restaurant, bar, retail and mercantile operations, rooftop lounge, event lawn, pools, outdoor seating, meeting rooms, offices, a gym and other service-oriented uses, as well as ancillary improvements, including on-site parking and public amenities. The Project also includes various on- and off-site public improvements, including an emergency vehicle access road to the Calistoga Springs Mobile Home Park, water and sewer infrastructure to support adjacent residential and commercial uses, and a Napa Valley Vine Trail Downtown “landing place”.

The Agreement provides that the City review the Developer's good faith compliance with the Agreement on an annual basis and that the Developer work with the City in good faith in connection with any such review.

The Developer has completed an Annual Compliance Evaluation Form indicating that no development activities occurred during the reporting period, no development impact fees were paid, no on- or offsite infrastructure improvements were made, and no transfers, assignments, or dedications have been made by or from the Developer.

With respect to the timing of development, Section 3.3 of the Agreement provides that the Developer shall have the vested right to develop the project at a rate, time and order in accordance with its own business judgment.

Item #7.3.

3.3 Development Timing. The Parties acknowledge that Developer cannot at this time predict when or the rate at which the phases of the Project will be developed or the order in which each phase will be developed. Such decisions depend upon numerous factors which are not within the control of Developer, such as market orientation and demand, construction financing, interest rates, absorption, completion and other similar factors. In particular, and not in any limitation of any of the foregoing, since the California Supreme Court held in Pardee Construction Co. v. The City of Camarillo, 37 Cal.3d 465 (1984), Developer shall have the vested right to develop the Project in such order and at such rate and at such times as Developer deems appropriate in accordance with its own business judgment and taking into consideration market conditions and other economic factors influencing Developer’s business decision, to commence or to continue development, and to develop the Project in a regular, progressive and timely manner in accordance with the provisions and conditions of this Agreement and the Existing Project Approvals.

Therefore, as provided in the Agreement, the Developer demonstrates good faith compliance with its obligations under the Agreement (Attachment 2). The Developer has also certified that there are no facts or circumstances that may be construed as a default by the Developer.

DISCUSSION
As required in the Agreement and by Government Code Section 65865.1, the City Council must determine whether the Developer has, in good faith, substantially complied with the terms of the Agreement up to and including the date of the review. Based on the information contained in the submitted Annual Compliance Evaluation Form and the project status described above, this finding can be made.

CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:

The project will further the Council’s goal of maintaining and enhancing the economic vitality of the community and the financial stability of the City (FY 2022-23 Goal 1) and its related objective of managing key private development projects to maintain economic vitality in balance with the needs of the community (Objective 1). The City’s economy will benefit from the eventual completion of the project by its promotion of tourism and payment of transient occupancy and property taxes.

CEQA STATUS:

The annual review of the Agreement is not subject to the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility it could have a significant effect on the environment.

FINANCIAL IMPACT:

The City’s fee recovery shall be assured through existing Developer Deposit Account (DDA# 42-2220- 0297) which has a balance as of $24,917.19 including Development Agreement fee.

ATTACHMENT(S):

Att 1 - CC Reso Veranda DA - 2.07.2023 Clerk Amended
Att 2 - Annual Compliance Evaluation Form 2022
APPROVAL(S):

Item #7.3.

Nitish Sharma Approved - Jan 26 2023
Laura Snideman, City Manager Approved - Jan 30 2023
Marni Rittburg, City Clerk Approved - Jan 30 2023
Item #7.3.

ATTACHMENT 1
RESOLUTION NO. 2023-XXX

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

NAPA, STATE OF CALIFORNIA, FINDING THAT THE DEVELOPER OF THE

VERANDA AT INDIAN SPRINGS PROJECT IS IN GOOD FAITH COMPLIANCE WITH THE TERMS AND CONDITIONS OF THE PROJECT’S DEVELOPMENT

AGREEMENT
WHEREAS, on November 17th, 2020, the City of Calistoga entered into a Development Agreement (Agreement) with MF Calistoga LLC. (Developer) through its approval of Ordinance No. 748, with an effective date of December 31, 2020; and WHEREAS, the Agreement provided the Developer with certain assurances that they could proceed with a development project, known as Veranda at Indian Springs, on 7 acres located at 1504 Lincoln Ave; and
WHEREAS, as required by Government Code Section 65865.1 and by the Agreement, the City shall annually determine whether the Developer has, in good faith, substantially complied with the terms of the Agreement; and WHEREAS, at its meeting of February 7th, 2023, the City Council considered the Annual Compliance Evaluation Form completed by the Developer that provides evidence of its good faith compliance with its obligations under the Agreement, and the facts as described in the staff report; and
WHEREAS, the annual review of the Agreement is not subject to the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility it could have a significant effect on the environment.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Calistoga hereby finds that the Developer is in good faith substantial compliance with the terms and conditions of the Development Agreement between the City of Calistoga and MF Calistoga LLC for the Veranda at Indian Springs Project, and this review satisfies the annual review of development agreement as provided in Government Code §65865.1.

PASSED AND APPROVED this 7
th day of February 2023. 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, City Clerk Donald Williams, Mayor
Item #7.3.

ANNUAL COMPLIANCE EVALUATION FORM
This Annual Compliance Evaluation Form is submitted to the City of Calistoga ("City") by MF Calistoga LLC, Oh Child LLC & 1504 Lincoln LLC ("Developer") pursuant to the requirements of California Government Code Section 65856.1 and Chapter 17.39 of the City Municipal Code regarding Developer's good faith compliance with its obligations under the Development Agreement between the City and Developer by Ordinance No. 749 ("Development Agreement").

Annual Review Period: 1/1/2022 to 12/31/2022.

Please attach description and/or documentation in support of any “Yes” answers A Development activities during this annual review period: Yes: ___ No: X B. Development impact Fees, processing fees, architectural review fees and/or other fees paid during this annual review period: Yes: ___ No: X
C. On- and/or off-site infrastructure improvements completed or paid for during this annual review period: Yes: ___ No: X
D. Other Development Agreement obligations completed during this annual review period:

Yes: ___ No: X
E. Transfers, assignments, or dedications from or by Developer during this annual review period: Yes: ___ No: X
F. Awareness of any facts or circumstances that may be construed as a default by Developer during this annual review period: Yes: ____ No: X The undersigned representative of Developer confirms that Developer is:
___X__ In compliance with its obligations under the Development Agreement for this annual review period.
______ Not in compliance with its obligations under the Development Agreement for this annual review period, in response to which Developer is taking the actions set forth in the attachment hereto.

DocuSign Envelope ID: 618AEA3D-F2FC-4EFE-8C08-5C92CE160651 Item #7.3.

IN WITNESS WHEREOF, Developer has executed this Annual Compliance Evaluation Form as of this 3rd day of January, 2023.

By:____________________
Patricia Merchant
Its:__Managing Member__
By:____________________
Erin Furtney
Its:__ Managing Member____
DocuSign Envelope ID: 618AEA3D-F2FC-4EFE-8C08-5C92CE160651 Item #7.3.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Jeff Mitchem, Planning & Building Director
Meeting: City Council - Feb 07 2023
Subject: Annual Review of Development Agreement for Calistoga Hills Project DESCRIPTION:

Consideration of the final annual report on the development agreement for the Calistoga Hills project.

RECOMMENDATION:

Consider approving the attached Resolution (Attachment 1) finding that that the Developer is in good faith compliance with the terms and conditions of the Calistoga Hills development agreement.

BACKGROUND/SUMMARY:

The City of Calistoga entered into a development agreement with Enchanted Resorts, Inc., on April 9, 2013 (Ordinance No. 687), with an effective date of March 29, 2013. The initial term of the Agreement was five years, and the City Manager has granted five one-year term extensions, as allowed by the Agreement. Because Calistoga Municipal Code Section 17.39.050 provides that development agreements shall have terms not exceeding 10 years, the expiration date is March 29, 2023.

The Agreement provided the developer with certain assurances that they could proceed with a development project (now known as “Calistoga Hills”) that includes a resort hotel consisting of up to 110 keys, 20 residence club homes, 13 custom homes, amenities and infrastructure. It also requires the developer to make certain improvements, such as the installation of the Washington Street main wastewater trunk line, Pine Street Lift Station upgrades and public safety water line improvements, which have been completed. Another requirement is the payment of development impact fees, $1.2 million of which were paid by the developer in 2013.

The Agreement provides that the City review the Developer's good faith compliance with the Agreement on an annual basis and that the Developer work with the City in good faith in connection with any such review.

The Developer has completed an Annual Compliance Evaluation Form that provides evidence of its good faith compliance with its obligations under the Agreement (Attachment 2). During 2022, the Developer conducted the following:
• Ongoing construction of infrastructure including the roadway system, water tanks, emergency vehicle access and rough building site grading.
• Recording of Final Map.
• Issuance of Building Permits for the Back of House building. • Issuance of Building Permits for Guestroom Buildings 1 & 2.

Item #7.4.

• Negotiations are on-going on a water use agreement.

No additional building permits are to be issued until completion of the permanent fire flow system as approved by the Fire Chief.

DISCUSSION
As required in the Agreement and by Government Code Section 65865.1, the City Council must determine whether the Developer has, in good faith, substantially complied with the terms of the Agreement up to and including the date of the review. Based on the information contained in the submitted Annual Compliance Evaluation Form and the project status described above, this finding can be made.

CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:

The project will further the Council’s goal of maintaining and enhancing the economic vitality of the community and the financial stability of the City (FY 2022-23 Goal 1) and its related objective of managing key private development projects to maintain economic vitality in balance with the needs of the community (Objective 1). The City’s economy will benefit from the eventual completion of the project by its promotion of tourism and payment of transient occupancy and property taxes.

CEQA STATUS:

Exempt
FINANCIAL IMPACT:

All required off-site improvements have been constructed and development impact fees have been paid by the Applicant totaling approximately $1.2M, with exception of final In-Lieu Housing Fee payment due prior to issuance of building permits for estate residential portion of development - $234,000.

ATTACHMENT(S):

Att 1 - CC Reso Calistoga Hills DA - 2.07.2023 Clerk Amended Att 2 - Annual DA Review Compliance and Supplemental 1-10-23 APPROVAL(S):

Nitish Sharma Approved - Jan 26 2023
Laura Snideman, City Manager Approved - Jan 30 2023
Marni Rittburg, City Clerk Approved - Jan 30 2023
Item #7.4.

ATTACHMENT 1
RESOLUTION NO. 2023-XXX

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

NAPA, STATE OF CALIFORNIA, FINDING THAT THE DEVELOPER OF THE

CALISTOGA HILLS PROJECT IS IN GOOD FAITH COMPLIANCE WITH THE TERMS AND CONDITIONS OF THE PROJECT’S DEVELOPMENT AGREEMENT
WHEREAS, on April 9, 2013, the City of Calistoga entered into a Development Agreement (Agreement) with Enchanted Resorts, Inc. (Developer) through its approval of Ordinance No. 687, with an effective date of March 29, 2013; and WHEREAS, the Agreement provided the Developer with certain assurances that they could proceed with a development project, now known as Calistoga Hills, on property located west of Foothill Boulevard; and
WHEREAS, as required by Government Code Section 65865.1 and by the Agreement, the City shall annually determine whether the Developer has, in good faith, substantially complied with the terms of the Agreement; and WHEREAS, at its meeting of February 7, 2023, the City Council considered the Annual Compliance Evaluation Form completed by the Developer that provides evidence of its good faith compliance with its obligations under the Agreement, and the facts as described in the staff report; and
WHEREAS, the annual review of the Agreement is not subject to the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility it could have a significant effect on the environment.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Calistoga hereby finds that the Developer is in good faith substantial compliance with the terms and conditions of the Development Agreement between the City of Calistoga and Enchanted Resorts, Inc. for the Calistoga Hills project, and this review satisfies the annual review of development agreement as provided in Government Code §65865.1.

PASSED, APPROVED AND ADOPTED this 7
th day of February 2023. 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, City Clerk Donald Williams, Mayor
Item #7.4.

ANNUAL DEVELOPMENT AGREEMENT

COMPLIANCE EVALUATION FORM
Annual Review Period: 2022
This Annual Compliance Evaluation Form is submitted to the City of Calistoga (“City”) by CHR, Inc. (“Developer”) pursuant to the requirements of California Government Code Section 65856.1 and Chapter 17.39 of the City Municipal Code regarding Developer's good faith compliance with its obligations under the Development Agreement between the City and Developer by Ordinance No. 687 (“Development Agreement”).

Please attach description and/or documentation in support of any “Yes” answers A. Development activities during this annual review period: Yes: _X__ No: ___ B. Development impact fees, processing fees, architectural review fees and/or other fees paid during this annual review period: Yes: ___ No: _X__ C. On- and/or off-site infrastructure improvements completed or paid for during this annual review period: Yes: _X__ No: ___
D. Other Development Agreement obligations completed during this annual review period: Yes: ___ No: _X__
E. Transfers, assignments, or dedications from or by Developer during this annual review period: Yes: ___ No: _X__
F. Awareness of any facts or circumstances that may be construed as a default by Developer during this annual review period: Yes: ____ No: __X__ The undersigned representative of Developer confirms that Developer is:
___X___ In compliance with its obligations under the Development Agreement for this annual review period.
______ Not in compliance with its obligations under the Development Agreement for this annual review period, in response to which Developer is taking the actions set forth in the attachment hereto.

IN WITNESS WHEREOF, Developer has executed this Annual Compliance Evaluation Form as of this _10_ day of January 2023.

By: Aaron Harkin____
Its: Project Manager___
Item #7.4.

Annual Compliance Evaluation
Review Period: January 2022 to December 2022
Supplemental Responses
Item A: Yes, the Following Development Activites are ongoing:
• On-Site Infrastructure for the Roadway systems continues, additionally a Final Map was recorded for the project and Building Permits were obtained with the foundations for Guestroom Buildings 1&2 underway. Also tree clearing for buildings and fire safety commenced.

Item C: Yes, In addition to continued roadway infrastructure for Ponderosa Road on site, the installation of parking water tank farm facility, integrated Emergiency Vehicle Access travelways, and general systems infrastructure are ongoing.

Photos of Site and Building Foundation Construction in 2022 Item #7.4.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Rachel Melick, Parks & Recreation Director
Meeting: City Council - Feb 07 2023
Subject: Calistoga Little League Logvy Field Use Agreement DESCRIPTION:

Consider adopting a Resolution to enter into a field use agreement with Calistoga Little League for the use of a portion of Logvy Field for little league practice, games, and activities.

RECOMMENDATION:

Adopt Resolution.

BACKGROUND/SUMMARY:

The Calistoga Little League (little league) has made yearly requests to use the baseball field and accompanying amenities (bleachers, dugouts) at Logvy Community Park (Logvy) for little league practice, games, and activities. Little League has an existing lease agreement for the use of Tedeschi field but as they continue to grow and serve more participants in their programs they are in need of additional space. The City seeks to memorialize the use of the the baseball field and accompanying amenities of Logvy with an agreement, which would allow little league to use the field based on an agreed upon schedule. The city would reserve the right to use the field during the agreement timeframe if needed and agreed upon with little league.

Little League provides its programs at a nominal charge to participants. The agreement stipulates charging one dollar per year for the use of the baseball field and accompanying amenities. Under the terms of the agreement little league would be responsible for maintaining the playing field for their use, which would eliminate any additional city staff costs with the exception of a minimal amount of admin time in scheduling use of the field. Little league would also be responsible to perform routine safety checks and notify the City of any items that need to be addressed, such as issues with bleachers, irrigation, etc.

The agreement has been reviewed by the city attorneys office. The agreement would serve a five year term with an option to extend an additional five years by the city manager at the time of expiration.

CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:

Goal 4: Expand and improve recreational facilities; Objective 2: Continue and expand partnership opportunities with non-profits, community service organizations and others to offer recreation and community activites to all sectors with emphasis on youth and seniors.

CEQA STATUS:

N/A
Item #7.5.

FINANCIAL IMPACT:

Based off of last year's usage the City would be waiving rental fees in the amount around $2,020.

ATTACHMENT(S):

Logvy Field Baseball Field RESOLUTION
Little League Use Agreement Logvy - Final
APPROVAL(S):

Nitish Sharma Approved - Jan 27 2023
Laura Snideman, City Manager Approved - Jan 30 2023
Marni Rittburg, City Clerk Approved - Jan 31 2023
Item #7.5.

RESOLUTION NO. 2023-XXX

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

OF NAPA, STATE OF CALIFORNIA, AUTHORIZING A FIELD USE AGREEMENT

FOR THE USE OF THE BASEBALL FIELD AND ACCOMPANYING AMENITIES

AT LOGVY PARK BY THE CALISTOGA LITTLE LEAGUE FOR PAYMENT OF

ONE DOLLAR PER YEAR
WHEREAS, the City owns and operates a public park with a baseball field at 1745 Washington St. known as Logvy Park (Logvy); and
WHEREAS, Calistoga Little League is in need of additional field space to accommodate their growing number of Calistoga resident participants who participate in the league; and
WHEREAS, Calistoga Little League has requested use of the baseball field and accompanying amenities at Logvy for practices, games, and little league activities; and WHEREAS, the City wishes to grant use of the baseball field and accompanying amenities at Logvy to Calistoga Little League to further support the development of youth sports and activities in the community; and
WHEREAS, there has not been a formal agreement entered into for the use of the baseball field at Logvy; and
WHEREAS, the City wishes to enter into such agreement with Calistoga Little League for payment of one dollar per year; and
WHEREAS, staff recommends the City Council approves and enters into a field use agreement with Calistoga Little League for the use of the baseball field and accompanying amenities at Logvy; and
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Calistoga as follows:

1. The City of Calistoga approves and enters into a field use agreement with Calistoga Little League for the use of the baseball field and accompanying amenities at Logvy for a term of five years, which can be authorized for an additional five years by the city manager at the time of expiration.

2. The City Manager is authorized to sign the agreements.

PASSED, APPROVED AND ADOPTED this 7th day of February 2023. 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:

ATTACHMENT 1
Item #7.5.

Resolution No. 2023-XXX

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:
____________________________ __________________________ Marni Rittburg, CMC, City Clerk Donald Williams, Mayor
Item #7.5.

1 Authorizing Agreement No. 2023-XXX

USE AGREEMENT
This Use Agreement (the “Agreement”) is entered into as of February 7, 2023, the Effective Date, by and between the City of Calistoga, a municipal corporation (“City”) and Calistoga Little League, a California Non-Profit Corporation (“User”) (each, a “Party” and collectively the “Parties”).

R E C I T A L S
WHEREAS, User manages a Little League baseball league for youth ages 4 through 16 in City, whereby participants practice for and play baseball games on specified days during the yearly Calistoga Little League baseball season (“Little League Activities”); and WHEREAS. City and User are mutually interested in and concerned with providing quality recreational activities for the youth of Capitola; and WHEREAS, the Parties agree that a cooperative agreement between City and User will facilitate participation in youth activities; and
WHEREAS, User desires to use a portion of the City property located at 1745 Washington Street, Calistoga; a portion of APN 011-410-009, which portion is identified with hash marks in Exhibit A (the “Property” or “Field”) for the purpose of Calistoga Little League Activities and City has agreed to such use at a rate of $1.00 per year.

The parties desire to formalize their understandings regarding the use of the Property.

T E R M S
NOW, THEREFORE, in consideration of the foregoing recitals and for other good and valuable consideration, the parties agree as follows:

1. Term. This Agreement shall last for a period of 5-years beginning February 7, 2023 and ending June 30, 2028. Upon expiration of this Agreement and at the discretion of the City Manager, this Agreement may be extended for additional 5-year periods upon expiration of the previous 5-year term.

2. Termination. Either Party may terminate this Agreement for any reason by giving the other Party sixty (60) days advance written notice, during which time, pursuant to mutual agreement, the Parties may engage in negotiations for the continuation of the Agreement.

3. Payment. User covenants and agrees to pay City the sum of $1.00 with such payments sent to: City of Calistoga, 1232 Washington Street, Calistoga, CA 94515, Attention:

Finance, by the second day of January of each year.

4. Use of Property.
(a) The City hereby grants to User the right and privilege of using the Property
for Little League Activities from February 15 through June 1 of each year (“Yearly Season”), in accordance with the terms and conditions of this Agreement and in accordance with applicable law. User will occupy, use, and maintain the Property only for Little League Activities and will follow Item #7.5.

2 all Conditions of Use of the Property set forth in Exhibit B, attached hereto and incorporated herein by reference.
(b) No later than March 1 of every year, User agrees to: 1) submit for approval by City a schedule, including the dates and times of anticipated Calistoga Little League activities (“Schedule”) which City may modify, in its sole discretion, based on alternative City use or prior reservation of the Property; and 2) provide the name and contact information to the City for the person who will be responsible for each Little League Activity and can be contacted by the City should issues or concerns arise with any particular Little League Activity on the Property.
(c) In the event User determines at any time, that the proposed dates and times on the Schedule will not be needed, User must notify the City’s Parks and Recreation Department immediately in writing so that the City may allocate use to other interested parties. (d) Field Closures/Inclement Weather: City reserves the right to cancel or suspend User’s Field use at any time when the Field conditions could result in injury to players or cause damage to the Field. User agrees to conduct safety checks prior to play to ensure safety of participants.

5. Field Maintenance and Preparation. City shall regularly water and mow the Property, consistent with its pre-existing and regular watering and mowing practices for the Property. All other maintenance, including but not limited to, painting or striping the Field, dragging the infield dirt, and setting bases out for play, shall be the sole responsibility of User.

User is also responsible for removing trash and debris on the Property resulting from Little League Activities after each Little League Activity and at the end of each Yearly Season. User will perform routine safety checks to confirm that the condition of the Property, including the bleachers located on the Property, is adequate to ensure safety of User’s participants. User shall conduct safety checks at least once every two weeks and communicate any concerns regarding the Property to the City. User shall report all maintenance issues, including lawn and bleacher issues, to City staff at least three (3) days prior to Little League Activity.

6. Membership, Registration and Bylaws. User must ensure that its program is conducted in accordance with the regulations and bylaws of a nationally-known youth sports sanctioning body, such as the national organization, Little League Baseball or other organization of similar stature. User shall maintain copies of the regulations and bylaws of the nationallyknown youth sports sanctioning body under which it is conducting its program, and shall provide copies of those materials to the City upon the City’s request.

7. Indemnification and Hold Harmless. To the fullest extent permitted by law, User shall indemnify, defend (with legal counsel reasonably acceptable to City), and hold harmless the City and its officers, officials, agents, employees and volunteers from all claims, loss, cost, damage, injury (including, without limitation, death), expense and liability of every kind, nature and description (including, without limitation, fines, penalties, incidental and consequential damages, reasonable court costs and attorneys’ fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith, and costs of investigation) arising out of or in any way connected with the performance of this Agreement by User, or User’s officials, employees, invitees, agents, its independent contractors or volunteers except to the extent arising from the City’s sole negligence or willful misconduct, or the sole negligence or willful misconduct of the City’s officers, officials, agents, employees, volunteers or invitees who are present on the Property during any Little League Activities. Termination of this Agreement shall not release User from its obligations under this Section 7, as long as the event giving rise Item #7.5.

3 to the claim, loss, cost, damage, injury, expense or liability occurred prior to the effective date of any such termination.

8. Insurance. At its cost and expense, User shall maintain in full force and effect during the Term commercial general liability insurance no less broad than ISO form CG 00 01 with minimum limits of $2,000,000 per occurrence and $2,000,000 general aggregate for bodily injury, personal injury and property damage insuring against claims which may arise from or in connection with User’s occupancy and use of the Property. If User maintains higher limits than the specified minimum limits, City requires and shall be entitled to coverage for the higher limits maintained by the User. Such insurance shall be endorsed to include the City as additional insureds for ongoing and completed operations, shall be primary and noncontributory with City insurance, shall provide a waiver of subrogation in favor of the City, and shall provide severability of interests between or among insureds.

User shall deliver certificates of insurance evidencing such insurance and additional insured endorsements prior to the first date of the Term. The insurance shall be issued by insurers licensed to do business in the state of California and which are rated A:X or better by Best’s Key Rating Guide. User shall provide the City immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self-insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, User shall forthwith obtain and submit proof of substitute insurance.

9. Disclaimer of Condition of Property. City makes no warranty or representation of any kind or nature regarding the Property or the fitness of the Property for the use intended by User. User has inspected the Property, knows and accepts its condition and waives any express or implied warranty against the City.

10. Removal of User’s Property. User understands and agrees that User is responsible for removing trash and other debris following each Little League Activity, removing its belongings and personal property from the Property prior to the end of the Yearly Season and prior to the end of the Term or earlier termination of this Agreement. In addition, prior to the end of each Yearly Season and prior to the end of the Term or earlier termination of this Agreement, User shall repair any damage to the Property that arises out of this Agreement and the User’s use to the satisfaction of City and return the Property to the condition as of the Effective Date. Notwithstanding the above, User may maintain a small shed for storage in the area indicated in yellow in Exhibit A. User must remove the shed and return the Property to the condition as of the Effective Date prior to the end of the Term or earlier termination of this Agreement. User shall not be responsible for damage caused from the City’s use of the Property.

11. Compliance With Laws. User will comply with all applicable local, state and federal laws and regulations with respect to the terms and conditions of this Agreement, including, if applicable, the requirement to obtain a City of Calistoga business license.

12. Assignment. User may not assign this Agreement or any part of it without the prior written consent of City.

13. Amendments. This Agreement may be amended by mutual consent of City and User. Any amendment will be in writing, signed by both Parties.

14. Waivers. The waiver by either Party of any breach or violation of any term, covenant, or condition of this Agreement or of any applicable law will not be deemed to be a waiver of such term, covenant, condition or law or of any subsequent breach or violation of Item #7.5.

4 same or of any other term, covenant, condition or law. The acceptance by either Party of any fee or other payment which may become due under this Agreement will not be deemed to be a waiver of any preceding breach or violation by the other Party of any term, covenant, or condition of this Agreement or any applicable law.

15. Notices. Any notices relating to this Agreement shall be given in writing and shall be deemed sufficiently given and served for all purposes when delivered personally, or by generally recognized overnight courier service, or five (5) days after deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, addressed as follows:

For City:

City of Calistoga
1232 Washington Street
Calistoga, CA 94515
Telephone: (707) 942-2803
Attention: City Clerk
For User:

Calistoga Little League
P.O. Box 212
Calistoga, CA 94515
Telephone: 942- 6386
Attention: Joan Johnson, President
Either Party may change its address for purposes of this section by giving the other Party written notice of the new address in the manner set forth above.

This Agreement is executed by User and City as of the Effective Date.

USER: CITY:

Calistoga Little League, a California Non-Profit
Corporation
___________________________________
City of Calistoga, a municipal
corporation
By: By:

Name: Joan Johnson Laura Snideman, City Manager
Title: President
ATTEST:

By:

Marni Rittburg, City Clerk
Approved As To Form
By:

Michelle Marchetta Kenyon, City Attorney
Item #7.5.

5 EXHIBIT A

AREA OF USE
Item #7.5.

EXHIBIT B

CONDITIONS OF USE

1. User shall use the premises solely for the little league use uses that promote its mission.

2. User shall be responsible for all supplies, equipment, and uniforms relating to its use of the Property.

3. User must assign at least one adult to be present at all practices and games to enforce City rules and regulations regarding Property use.

4. User will inform its employees, members, volunteers, and participants of park rules and regulations (Chapter 12.24 of the City of Calistoga Municipal Code).

5. User is responsible for cleaning dugouts, grandstands, and grounds in and around the Field of trash and beverage spills.

6. User shall not construct new structures, make any alterations to the premises nor construct any improvements upon the premises without the City’s prior written consent.

The City shall have no obligation to give such consent. All construction and alterations shall, at the option of the City, remain on and be surrendered with the premises upon expiration or terminations of this Agreement.

7. User understands and agrees that User is responsible for removing its belongings and personal property from the Property prior to the end of the Yearly Season and prior to the end of the Term or earlier termination of this Agreement.

Item #7.5.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Marc Fox, Acting Administrative Services Director Meeting: City Council - Feb 07 2023
Subject: Personnel and Staffing Listing and Salary Schedule Amendments DESCRIPTION:

Consider adopting a Resolution to amend the Personnel and Staffing Listing and the Salary Schedule.

RECOMMENDATION:

Adopt Resolution amending the Personnel and Salary Listing and the Salary Schedule.

BACKGROUND/SUMMARY:

On April 5, 2022, the City Council provided direction to add seven positions in the Fiscal Year 2022/23 budget.

The positions to be added were:
• Administrative Services Technician in Finance to allow for both a higher level and a broader level of work to be performed with a corresponding reduction of Accounting Assistant. • Senior Management Analyst in Finance to provide senior accounting and finance management assistance including for succession purposes with a corresponding reduction of HR/Finance Specialist. • Two Fire Captains, to complete the recommended staffing structure arising from the years-long transition to a full-time professional fire department with a corresponding reduction of two Fire Engineers.
• Senior Planner to provide high-level long-range planning support and manage some of the volume of current planning applications and initiatives including addressing the economic development and broad housing functions.
• Management Analyst in administration to provide various administrative and functional support to Human Resources, City Clerk, and City Manager.
• Assistant City Manager to provide support for a wide array of Council initiatives and special projects and provide general oversite of Human Resources, Information Technology, and City Clerk functions.

Three of the positions were not included in the FY 2022/23 budget:
• The addition of two Fire Captains with a corresponding reduction of two Fire Engineers was not included. On November 1, 2022, the City Council made the technical correction to the Personnel and Staffing Listing and made these position changes.
• One, but not two, Management Analyst positions were included in the Personnel and Staffing Listing.

Administrative Services Department
City staff has reviewed the functional need of the Management Analyst position within the Administrative Services Department and believes that the existing classification of Accountant serves that same purpose. The Accountant is responsible for the application of professional accounting principles to facilitate fiscal control, Item #7.6.

perform fiscal analyses and/or establish fiscal accounting systems. The position requires knowledge of accounting principles, accounting practices as well as analysis, evaluation and interpretation of laws, regulations and financial transactions. This is a lead worker who provides technical and functional direction to the other Administrative Services Department staff. Succession planning remains practical, no matter the classification held, provided the Administrative Services Director mentors the individual and provides a broadbased array of professional assignments.

City staff recommends making the technical correction to the authorized staffing, but as an Accountant and not Management Analyst.

A salary survey of the City’s comparable agencies was conducted on January 3, 2023 to verify that the City’s wage is competitive. The City’s comparable agencies are the cities of American Canyon, Calistoga, Cloverdale, Healdsburg, Napa, Petaluma, Rohnert Park, Sebastopol, Sonoma, and St. Helena and the towns of Windsor and Yountville. The City and the Calistoga Public Employees’ Association (CPEA) met regarding the result of the survey and the parties agreed that the Accountant should be increased by the survey results, which was a

5.37% increase.

City Manager’s Office
City staff has reviewed the functional needs within the City Manager’s Office and proposes two changes:
reclassify the existing Management Analyst position to a Human Resources Manager position and one add Executive Assistant to the City Manager position.

The requested reclassification from Management Analyst to Human Resources Manager is to ensure successful job performance of the ongoing job duties and possession of the expected individual’s required knowledge, skills and abilities.

A Management Analyst performs a wide variety of administrative and analytical support duties, generally to the City Manager or a department head, directs and manages assigned special projects and programs, contracts and grant administration, financial analysis and budget development, and/or community engagement. A Management Analyst also coordinates activities and input on assigned projects from city management. The work mainly involves the gathering, interpretation, development of options, making recommendations and reporting of data dealing with complex problems and includes making recommendations and reporting of data dealing with complex problems and includes those programs that deal with financial analysis and accounting, community/business involvement, outreach, human resources, program management, and surveys/studies.

The Management Analyst classification is too generalized to meet the human resources needs of the City. The Human Resources Manager plans, organizes and performs a variety of human resources functions including recruitment and selection, classification and compensation, employee benefits, labor and employee relations, workers’ compensation and safety, training, learning and organizational development, and provides highly responsible and complex human resources support to City management.

Additionally, the expected education and experience qualifications of the Human Resources Manager are specific to this field. Qualifying education and experience, to ensure successful completion of the job duties, are a bachelor’s degree in human resources or related field or possession of the Society for Human Resource Management (SHRM) Senior Certified Professional certificate, supplemented with four years of relevant human resources work experience.

A Human Resources Manager salary survey of the City’s comparable agencies was conducted on January 18, 2023. The median wage is $11,603 per month
City staff recommends the addition of an Executive Assistant to the City Manager. Presently, the City Manager’s Office has no administrative support and the City Manager and City Clerk are performing many of the duties outlined below. This is not the best and highest use of time and does not serve the City well. This Item #7.6.

position performs high level, sensitive and confidential secretarial and administrative support functions to the City Manager and other management staff within the City Manager’s Office, provides administrative support in confidential personnel matters, coordinates assigned work with other City departments, interacts frequently with the public and provides information or directs questions and requests to the appropriate staff.

The Executive Assistant to the City Manager also serves as the office manager for the City Manager; provides administrative secretarial support to the City Manager, City Council and other administrative personnel; and screens calls and visitors and refers inquires as appropriate. The Executive Assistant also relieves the City Manager of a variety of administrative details by assisting with duties of a complex and sensitive nature; plans, organizes and carries out administrative assignments and special projects; maintains calendars and makes meeting arrangements, and responds to citizen and staff inquires and complaints or refers citizens to the appropriate department source.

An Executive Assistant to the City Manager salary survey of the City’s comparable agencies was conducted on January 18, 2023. The survey confirmed that the City’s top step monthly wage of $6,954 is the market median and no salary adjustment is necessary/recommended.

CEQA STATUS:

Not applicable.

FINANCIAL IMPACT:

Anticipated yearly costs are increased by approximately $135,798 per year, of which $10,856 is the reclassification of the two Management Analyst positions. Assuming positions are filled by April 1, 2023, the FY 2022/23 fiscal impact is $33,950.

Reclassification from Management Analyst II to Accountant reduces annual costs by $26,912.

Reclassification from Management Analyst I to Human Resources Manager increases annual costs by $37,768.

Addition of one Executive Assistant has a total yearly cost with benefits of $124,942.

ATTACHMENT(S):

Resolution Amending Personnel & Staffing & the Salary Schedule APPROVAL(S):

Nitish Sharma Approved - Jan 27 2023
Laura Snideman, City Manager Approved - Jan 30 2023
Marni Rittburg, City Clerk Approved - Jan 31 2023
Item #7.6.

RESOLUTION NO. 2023-____

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

NAPA, STATE OF CALIFORNIA APPROVING AN AMENDMENT TO THE

PERSONNEL AND STAFFING LISTING AND THE SALARY SCHEDULE
WHEREAS, on April 5, 2022, the City Council by minute order directed staff to include seven positions in the Fiscal Year 2022/23 budget, of which two are Management Analyst positions, and the adopted Fiscal Year 2022/23 budget includes one (but not two) Management Analyst positions in the adopted Personnel and Staffing Listing; and WHEREAS, there is a discrepancy in the City Council’s direction of April 2, 2022 and the Fiscal Year 2022-23 budget whereby a correction is necessary to add one Management Analyst; and
WHEREAS, having reviewed the fiscal staffing needs within the Administrative Services Department, the City Manager recommends amending the authorized Management Analyst position to an Accountant position; and
WHEREAS, having reviewed the human resources staffing needs, the City Manager recommends amending the (second) authorized Management Analyst position to a Human Resources Manager position; and
WHEREAS, there is no administrative support within the City Manager’s Office and the highest and best use of the City Manager’s and others’ time is to have support with administrative support activities; and
WHEREAS, having conducted a salary survey of the City’s comparable agencies, the City met and conferred with the Calistoga Professional Employees’ Association (CPEA) as to the wage for the Accountant; and
WHEREAS, the classification of Human Resources Manager is a new classification and the City needs to establish a salary.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Calistoga hereby amends the Personnel and Staffing Listing, amends the Salary Schedule, and authorizes the City Manager with City Attorney concurrence to make any technical corrections.

Amendment to the Personnel and Staffing Listing:

Department Classification
Effective
Date
Allocation
Current Proposed Change
Admin. Svs. Management Analyst II 07/01/22 0.0 1.0 1.0
Admin. Svs. Management Analyst II– reclass 02/07/23 1.0 0.0 -1.0 Admin. Svs. Accountant– reclass 02/07/23 0.0 1.0 1.0
City Manager Management Analyst I– reclass 02/07/23 1.0 0.0 -1.0 City Manager HR Manager- reclass 02/07/23 0.0 1.0 1.0
City Manager Executive Assistant to the City Mgr. 02/07/23 0.0 1.0 1.0 Net Change 2.0
Item #7.6.

Amendment to the Salary Schedule, effective February 7, 2023:

Classification Step 1 Step 2 Step 3 Step 4 Step 5 FLSA
Accountant
Monthly
Hourly
$6,853.33
$39.5384
$7,196.00
$41.5154
$7,555.80
$43.5912
$7,933.59
$45.7707
$8,330.27
$48.0592
Non-Exempt
HR Manager
Monthly
Hourly
$9,545.60
$55.0708
$10,022.88
$57.8243
$10,524.02
$60.7155
$11,050.22
$63.7513
$11,602.73
$66.9388
Exempt
The Accountant classification is represented by CPEA. The Human Resources Manager is an unrepresented mid-management classification.

PASSED, APPROVED AND ADOPTED this 7th day of February 2023. 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 Donald Williams, Mayor
Item #7.6.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Jeff Mitchem, Planning & Building Director
Meeting: City Council - Feb 07 2023
Subject: Consultant Services Agreement 2565 Grant Street – CEQA Environmental Impact Report (EIR)
DESCRIPTION:

Consideration of a resolution (Attachment 1) authorizing the City Manager to execute a Consultant Services Agreement (Attachment 2) with M-Group to prepare an EIR for the 2565 Grant St Vesting Tentative Map project as part of the CEQA analysis.

RECOMMENDATION:

Adopt the attached resolution.

BACKGROUND/SUMMARY:

M-Group has been selected to provide environmental review consulting services to prepare an Environmental Impact Report for the proposed 2565 Grant Street subdivision project. The proposal consists of 35 single-family lots (ranging in size from .57 to 5.37 acres) and common open space parcels on a 35.6-acre site. Of the remaining site area, 0.72 acres will be set aside as open space and 3.70 acres will be provided as private streets serving the subdivision. The residences are proposed to be one- and two-story single-family homes that will contain two-car garages; the total built square footage is anticipated to be approximately 138,250 square feet (or an average home size of 3,950 square feet). Access to and from the site is provided through a connection between the proposed private street and Grant Street. An emergency vehicle access easement is proposed as secondary access at the northwestern portion of the site.

The southern and eastern portions of the project site overlap with riparian areas along Garnett Creek and the Napa River. The project proposes a grading limit in its tentative map that provides at least a 30-foot setback from the top of creek banks and a 100-foot setback from adjacent residential properties to the northwest.

The project site will be served by water lines to be installed on site that will connect to existing City of Calistoga water lines located on Grant Street. The tentative map for the project shows proposed private sanitary sewer lines to be installed on site that will direct sewage to a new sewer pump station where sewage will be discharged to the existing sewer infrastructure on Grant Street via a force main.

Based on initial scoping, Staff have identified potential constraints due to the location and existing conditions and our proposal has been tailored to address these specific considerations. Development would be located adjacent to riparian areas and would potentially impact protected trees, special status wildlife species, and/or their habitats. Accordingly, the consultant team includes biologists familiar with Calistoga’s natural communities to peer review and augment the evaluation of biological Item #7.7.

resources. The largely undeveloped portions of the site adjacent to the Napa River and Garnett Creek have the potential for the presence of cultural resources and the team includes archeologists familiar with Calistoga to conduct a cultural resources evaluation. The development would introduce new residents to an area proximate to lands designated as a very high fire hazard area at the edge of the city. The team includes specialists to evaluate wildfire hazard risks and provide recommendations for fuel management and wildfire abatement. The current use of the site as a vineyard warrants an evaluation of the relative quality of the agricultural land as well as a Phase I environmental site assessment to review potential presence of hazardous materials from previous activities. These environmental considerations will be specifically addressed through the CEQA process and through completion of technical studies to be performed by qualified professionals as detailed further in our proposed scope of work.

The project is subject to review and approval of a tentative subdivision map. As discretionary entitlements are required, the project is subject to CEQA review. Required outside agency approvals are anticipated to be associated with development in proximity to Garnett Creek and the Napa River (CDFW and RWQCB). Other trustee or responsible state or federal agencies may also be identified through the CEQA process.

It is understood that the following information and technical studies have been or will be provided to the City by the applicant team and made available to M-Group:
• Arborist Tree Survey and Report
• Biological Resources Technical Report
• Conceptual Site Plan
• Project Narrative
• Geotechnical Investigation
• Sewer Capacity Study
• Stormwater Control Plan
• Vesting Tentative Map
• Preliminary VMT Analysis
• Traffic Analysis*
• Update to Preliminary VMT Analysis*
• Water and Wastewater Capacity Study*
* It is noted in the RFP that information and special studies are being prepared and will be provided to the consultant.

The above materials are necessary to complete the environmental review analysis and are assumed to be prepared by qualified specialists using standard industry practice and adequate to support the environmental analysis. Where additional information is required to support the analysis, M-Group will identify the information needed from the applicant.

Based on the project site location, scope of development, latest regulations regarding transportation/circulation (SB 743), proximity to riparian areas, and location within Prime Farmland, M-Group is proposing preparation of an EIR. The EIR will fully disclose potential impacts, inform the community and decision makers, and provide feasible alternatives that might further reduce or avoid potentially significant environmental impacts. An EIR provides the highest level of legal protection afforded under CEQA and is most likely to withstand a legal challenge.

On December 2, 2022 City Staff issued a Request for Proposals (RFP) for the EIR and selected MGroup’s proposal. Staff recommends that the City Council authorize the City Manager to execute a contract with M-Group, for an amount not-to-exceed $255,836, to complete the services.

CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:

Consistent with Goal 5: Offer Excellent Professional Services to all Customers, and Goal 6: Create an Environmentally Sustainable Community.

CEQA STATUS:

Complies
Item #7.7.

FINANCIAL IMPACT:

The total cost of this contract shall not be $255,836 (Exhibit B of Attachment 2) and will be paid for by the developer through an existing Developer Deposit Account 42-2220-0366.

ATTACHMENT(S):

ATTCH 1 CC 2565 Grant Street Resolution Clerk Edits
ATTCH 2 - CSA Signed - M-Group
APPROVAL(S):

Nitish Sharma Approved - Jan 31 2023
Marni Rittburg, City Clerk Approved - Jan 31 2023
Item #7.7.

ATTACHMENT 1
RESOLUTION NO. 2023-XXX
Authorizing Consultant Services Agreement No. XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA AUTHORIZING

THE CITY MANAGER TO ENTER INTO A CONSULTANT SERVICES AGREEMENT WITH M-GROUP TO PREPARE AN ENVIRONMENTAL IMPACT REPORT FOR THE 2565

GRANT STREET VESTING TENTATIVE MAP PROJECT AS PART OF THE CEQA

ANALYSIS
WHEREAS, the City of Calistoga, Planning and Building Department received a Vesting Tentative Map application (Project) on September 14, 2021 to develop 35 singlefamily homes on an approximately 35.6-acre site consisting of four (4) legal parcels comprising Assessor’s Parcel Numbers (APNs) 011-290-007, 011-290-038, 011-290-039, and 011-310-023, located at 2565 Grant Street;
WHEREAS, City desires third-party environmental review analysis services to in connection CEQA analysis for Project (VTM 2021-2); and
WHEREAS, City released a duly noticed Request For Proposals for consulting services to prepare an Environmental Impact Report for the Project; and WHEREAS, On December 14, 2022 the City selected M-Group (Consultant) to prepare an Environmental Impact Report (EIR) for the Project; and WHEREAS, Consultant hereby warrants to the City that Consultant is skilled and able to provide such Scope of Services described in Exhibit A of Consultant Services Agreement; and WHEREAS, City desires to retain Consultant pursuant to this Agreement to provide the services described in Exhibit A of Consultant Services Agreement; and WHEREAS, the Applicant, Grant Street Ranch, LLC shall be responsible for fee reimbursement not to exceed $255,836 as conveyed in Exhibit B of Consultant Services Agreement as Developer Deposit Account 42-2220-0366; and NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Calistoga that the City Manager is hereby authorized to execute a Consulting Services Agreement between MGroup and the City of Calistoga for the services; and BE IT FURTHER RESOLVED that all terms, conditions, and covenants of said Agreement be, and the same are, hereby approved, ratified, and confirmed.

PASSED, APPROVED AND ADOPTED this 7
th day of February 2023. 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, City Clerk Donald Williams, Mayor
Item #7.7.

ATTACHMENT 2
OAK #4823-2508-6159 v2

AGREEMENT FOR CONSULTANT SERVICES
This Agreement for Consultant Services (the "Agreement") is made and entered into this 30th day of January, 2023, by and between THE CITY OF CALISTOGA, a municipal corporation (hereinafter referred to as "CITY") and M-Group (hereinafter referred to as "CONSULTANT"). CITY and CONSULTANT may be referred to individually as “Party” and collectively as the “Parties.”

RECITALS
WHEREAS, CITY requires environmental review services in connection with the 2565 Grant Street Project;
WHEREAS, CONSULTANT is qualified to perform such services; and WHEREAS, CONSULTANT has agreed to provide CITY with such services on the terms and conditions set forth herein.

NOW, THEREFORE, for the considerations hereinafter set forth, CONSULTANT and CITY agree as follows:

ARTICLE 1 - SCOPE OF SERVICES

1.1. Scope of Work. CONSULTANT agrees to furnish the services set forth in Exhibit A, Scope of Work, which is attached hereto and incorporated herein (the "Services").

1.2. Compliance with Law. The Services shall be performed in accordance with all applicable federal, state and local laws, ordinances, rules, regulations and orders.

1.3. Time is of the Essence. CONSULTANT agrees to diligently prosecute the Services. In the performance of this Agreement, time is of the essence. However, notwithstanding the foregoing, CONSULTANT shall perform its Scope of Work as expeditiously as is consistent with the professional standard of care as defined in Section 1.4 below and the orderly progress of the project.

1.4. Professional Competence. CONSULTANT represents that it has the professional skills necessary to perform the Services and that it will perform the Services in a skillful and professional manner in accordance with the professional standard of care as defined below. CONSULTANT represents that it has all the necessary licenses to perform the Services and shall maintain them throughout the term of this Agreement.

CONSULTANT agrees that the Services shall be performed in the manner and according to the standards observed by a practitioner of the profession in which CONSULTANT is engaged, in the same or similar geographical area in which CONSULTANT practices its profession and in the same or similar circumstances to that of CONSULTANT under this Agreement, and will prepare all work products required by this Agreement in accordance with such standards. CITY and CONSULTANT agree that CONSULTANT is in responsible charge of the Services and CITY shall have no control over the method or Item #7.7.

means of performance of the Services. Acceptance by CITY of the Services does not operate as a release of CONSULTANT from professional responsibility for the Services performed.

1.5. Independent Contractor. CONSULTANT is an independent contractor and not an employee of CITY. CONSULTANT expressly warrants that it will not represent that it is an employee of CITY. Persons employed or utilized by CONSULTANT in the performance of the Services will not be employees or agents of CITY. CONSULTANT is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

1.6. Confidentiality. CONSULTANT agrees to maintain in confidence and not disclose to any person, firm, governmental entity, or corporation, without CITY's prior written consent, any trade secret or confidential information, knowledge or data relating to the products, process, or operation of CITY. CONSULTANT further agrees to maintain in confidence and not to disclose to any person, firm, governmental entity, or corporation any data, information, technology, or material developed or obtained by CONSULTANT during the performance of the Services. The covenants contained in this Section 1.6 shall survive the termination of this Agreement for whatever cause.

1.7. Ownership of Material. Any reports and other material prepared by or on behalf of CONSULTANT under this Agreement (collectively, the "Documents") shall be and remain the property of CONSULTANT, and made available to CITY upon request without restriction or limitations on their use. All Documents not already provided to CITY shall be delivered to CITY on the date of termination of this Agreement for any reason. The Documents may be used by CITY and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes CITY may deem appropriate without further employment of or payment of any compensation to CONSULTANT. However, notwithstanding the foregoing, CONSULTANT shall not be responsible or liable for any alterations, modifications, or additions made to the Documents by CITY or any reuse of the Documents by CITY or any other party for this project or any other project without the consent of CONSULTANT. CITY shall defend, indemnify, and hold CONSULTANT harmless against any claims, damages, or losses arising out of the reuse or distribution of the Documents without the consent of CONSULTANT and arising out of alterations, modifications, or additions to the Documents made by anyone other than CONSULTANT.

1.8. Documentation. CONSULTANT shall keep and maintain full and complete documentation and accounting records, employee time sheets, and correspondence pertaining to the performance of the Services, and CONSULTANT shall make such documents available for review and/or audit by CITY and CITY's representatives at all reasonable times for at least four years after the termination of this Agreement or completion of the Services.

1.9. Testimony. CONSULTANT agrees to testify at CITY's request if litigation is brought against CITY in connection with the Services. Unless the action is brought by Item #7.7.

CONSULTANT or is based upon CONSULTANT's negligence, CITY will compensate CONSULTANT for the preparation and the testimony at CONSULTANT's standard hourly rates.

ARTICLE 2 - COMPENSATION

2.1. Compensation. Compensation for the Services shall be in accordance with Exhibit B, Compensation, attached hereto and incorporated herein. It is agreed that the compensation for the Services shall not exceed $255,836 ("Cost Ceiling").

Compensation for the Services shall not exceed the Cost Ceiling without prior written approval of the City.

2.2. Invoices. CONSULTANT shall submit monthly invoices in a form reasonably satisfactory to CITY on or before the tenth day of each month for Services provided during the preceding month. CONSULTANT shall submit time and cost records as reasonably necessary to substantiate performance of the Services. Within 35 days after receipt of each such invoice, CITY shall verify the accuracy of the invoice, correct the charges where appropriate and as discussed and mutually agreed with CONSULTANT, and make payment to CONSULTANT in an amount equal to the amount of such invoice, as verified or corrected by CITY. No payment hereunder shall be construed as evidence of acceptance of any of CONSULTANT's work. CITY reserves the right to withhold payment from CONSULTANT on account of Services not performed in accordance with this Agreement, delays in CONSULTANT's performance of Services other than delays that are due to circumstances beyond CONSULTANT’s reasonable control, or other defaults hereunder.

2.3. Status Reports. Together with each monthly invoice, CONSULTANT shall submit a status report detailing the amount expended on the Services to that date and the remaining amount to be expended before the Cost Ceiling is reached. CONSULTANT shall notify CITY in writing when payments have reached 90 percent of the Cost Ceiling.

2.4. Withholding. In lieu of holding retention, CITY shall withhold CONSULTANT's final payment until the Services are complete and CITY has received all Documents.

CONSULTANT shall diligently continue and complete performance of the Services if the Services are not complete at the time CONSULTANT has performed services up to the Cost Ceiling.

ARTICLE 3 - TIME OF PERFORMANCE

3.1. Effective Date. This Agreement shall become effective upon execution of the second signature and shall remain in full force and effect until the Services are completed (the "Term"). CONSULTANT agrees to complete all services by December 31, 2024, not withstanding unforeseen delays.

3.2. Termination. This Agreement may be terminated at any time by CITY upon written notice to CONSULTANT.

Item #7.7.

3.3. Final Payment. CONSULTANT shall be entitled to compensation for Services performed and costs incurred by CONSULTANT up to the time of such termination, it being understood that any payments are full compensation for the Services rendered under this Agreement.

3.4. Other Remedies. Nothing in this Article 3 shall be deemed to limit the respective rights of the parties to terminate this Agreement for cause or otherwise to exercise any rights or pursue any remedies which may accrue to them.

ARTICLE 4 - DESIGNATED CONTACTS

4.1. CITY Contact. CITY designates Jeff Mitchem, its Planning and Building Director, as its contact who shall be responsible for administering and interpreting the terms and conditions of this Agreement, for matters relating to CONSULTANT's performance under this Agreement, and for liaison and coordination between CITY and CONSULTANT. In the event CITY wishes to make a change in CITY's representative, CITY will notify CONSULTANT of the change in writing.

4.2. CONSULTANT Contact. CONSULTANT designates Olivia Ervin as its contact, who shall have immediate responsibility for the performance of the Services and for all matters relating to performance under this Agreement. Any change in CONSULTANT's designated contact shall be subject to written approval by CITY.

ARTICLE 5 - INDEMNIFICATION AND INSURANCE

5.1. Indemnification. CONSULTANT shall, to the fullest extent allowed by law, with respect to claims, liability, loss, damage, costs, or expenses, including reasonable attorney's and expert witness fees, awards, fines, penalties, or judgments, arising out of or relating to CONSULTANT’s negligent performance of the Services (collectively "Claims"), defend, indemnify, and hold harmless CITY, its Officials, officers, employees and agents (the "CITY Parties"), except to the extent the Claims are attributable to CITY Parties' negligence or willful misconduct. CONSULTANT shall defend the CITY Parties as required by California Civil Code Section 2778, and with counsel reasonably acceptable to those parties. CONSULTANT shall have no right to seek reimbursement from the CITY Parties for the costs of defense.

If CONSULTANT is a “design professional,” as defined in California Civil Code Section 2782.8(c), CONSULTANT shall indemnify, defend, and hold the Indemnitees harmless against Claims only to the extent such Claims arise out of, pertain to, or relate to CONSULTANT’s negligence, recklessness, or willful misconduct. In such an event, the cost to defend charged to CONSULTANT shall not exceed CONSULTANT’s proportionate percentage of fault.

The obligations contained in this Section 5.1 shall survive the termination of this Agreement for whatever cause for the full period of time allowed by law and shall not in any way be limited by the insurance requirements of this Agreement.

Item #7.7.

5.2. Health and Safety. CONSULTANT may perform part of the Services at sites which contain unknown working conditions and contaminated materials. CONSULTANT shall be solely responsible for the health and safety of CONSULTANT's employees during the performance of the Services.

5.3. Insurance. CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency shall procure, provide and maintain at all times during the performance of this Agreement, and for such additional periods as described herein, the insurance listed below with insurers licensed to do business in the State of California and with a Best's rating of no less than A:VII.

A. Commercial Automobile Liability Insurance. Commercial Automobile Liability Insurance providing bodily injury liability and property damage, to protect against all liability arising out of the use of any owned, leased, passenger or commercial automobile at a minimum amount of $1,000,000 combined single limit. Coverage shall apply to hired and non-owned autos.

B. Commercial General Liability Insurance. Commercial General Liability Insurance, with limits providing a minimum amount of $1,000,000 combined single limit coverage for each occurrence, $2,000,000 general aggregate and $2,000,000 products/completed operations aggregate. The insurance shall cover all operations including but not limited to the following: (1) premises, operations and mobile equipment liability; (2) completed operations and products liability; (3) contractual liability insuring the obligations assumed by CONSULTANT in this Agreement to the extent of the policy; (4) broad form property damage liability; (5) personal injury liability endorsement, including death; and (6) automobile bodily injury and property damage insurance, including all owned, hired and non-owned equipment.

C. Professional Liability Insurance. Professional Liability Insurance protecting against liabilities arising out of or in connection with negligent acts, errors, or omissions of CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agents in connection with this Agreement, at a minimum amount of $1,000,000 per claim and $1,000,000 aggregate, on a "claims made basis" with a continuation of coverage extension for liabilities for two years from the date the Services are substantially complete.

D. Workers Compensation Insurance. Workers Compensation insurance, occupational disease insurance and employer’s liability insurance shall be required with minimum limits as required by law, covering all workplaces involved in this Agreement.

E. Sexual Abuse or Molestation (“SAM”) Liability. If the work will include contact with minors, and the Commercial General Liability policy under Section 5.3(B) is not endorsed to include affirmative coverage for sexual abuse or molestation, CONSULTANT shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim.

Item #7.7.

F. Policy Terms. Concurrently with execution of this Agreement, CONSULTANT shall provide CITY with Certificates of Insurance evidencing that CONSULTANT has obtained or maintains the insurance required by this Section

5.3. The Certificates shall be on forms acceptable to CITY. CONSULTANT shall also furnish CITY with original endorsements with the following documentation:
• Precluding cancellation or reduction in coverage before the expiration of thirty (30) days after CITY shall have received written notification thereof from CONSULTANT by United States mail;
• Providing that CONSULTANT's insurance shall apply separately to each insured against whom claim is made or suit is brought, and include a “separation of insureds” or “severability” clause which treats each insured separately, except with respect to the limits of the insurer's liability (cross-liability endorsement);
• Excepting CONSULTANT’S professional liability insurance and workers’ compensation insurance, naming CITY, its City Council, boards, commissions, committees, officers, employees and agents as additional insureds (“Additional Insureds”); and
• Providing that for any claims relating to CONSULTANT's services hereunder, CONSULTANT's insurance coverage shall be primary insurance with respect to CITY, its City Council, boards, commissions, committees, officers, employees and agents, and that any insurance or self-insurance maintained by CITY for itself, its City Council, boards, commissions, committees, officers, employees and agents shall be in excess of CONSULTANT's insurance and shall not be contributory with it.
• It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverages requirements and/or limits shall be available to the Additional Insured, including but not limited to any umbrella or excess insurance.

Furthermore, the requirements for coverage and limits shall be the greater of:
(a) the minimum coverage and limits specified in this Agreement; or (b) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.

G. Waiver of Subrogation. CONSULTANT hereby grants to CITY a waiver of any right to subrogation which any insurer of said CONSULTANT may acquire against the CITY by virtue of the payment of any loss under such insurance.

CONSULTANT hereby agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. However, the Worker’s Compensation policy required by Section 5.3(D) of this Agreement shall be endorsed with a waiver of subrogation in favor of CITY for all work performed by CONSULTANT, its employees and/or agents.

H. Material Breach. If CONSULTANT fails to maintain insurance coverage or provided insurance documentation which is required pursuant to this Agreement, it shall be deemed a material breach of this Agreement. CITY, at its sole option, Item #7.7.

may terminate this Agreement and obtain damages from CONSULTANT resulting from said breach. Alternatively, CITY may purchase the required insurance coverage, and without further notice to CONSULTANT, may deduct from sums due to CONSULTANT any premium costs advanced by CITY for such insurance. These remedies shall be in addition to any other remedies available to CITY.

ARTICLE 6 - NOTICES
All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by facsimile or reputable overnight courier and shall be deemed received upon the earlier of: (1) if personally delivered, the date of delivery to the address of the person to receive such notice; (2) if delivered by Federal Express or other overnight courier for next business day delivery, the next business day; (3) if sent by facsimile, with the original sent on the same day by overnight courier, the date on which the facsimile is received, provided it is before 5:00 P.M. Pacific Time; or (4) if sent electronically, the date of delivery on the confirmed read receipt. Notice of change of address shall be given by written notice in the manner described in this Article 6. Rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice or communication sent. Unless changed in accordance herewith, the addresses for notices given pursuant to this Agreement shall be as follows:

If to CITY: Laura Snideman, City Manager
1232 Washington Street
Calistoga, CA 94515
Email: [email protected]
Phone: 707-942-2806
If to CONSULTANT: M-Group
499 Humboldt Street
Santa Rosa, CA 95404
Phone: (707) 570-0723
ARTICLE 7 - MISCELLANEOUS

7.1. Conflict of Interest Prohibition. CITY and CONSULTANT will comply with the requirements of the CITY’s Conflict of Interest Code adopted pursuant to California Government Code §87300 et seq., the Political Reform Act (California Government Code §81000 et seq.), the regulations promulgated by the Fair Political Practices Commission (Title 2, §18110 et seq. of the California Code of Regulations), California Government Code §1090 et seq., and any other ethics laws applicable to the performance of the Services and/or this Agreement. If applicable to CONSULTANT’s Services for CITY, CONSULTANT may be required to file with the CITY Clerk a completed Form 700 before commencing performance of the Services unless the CITY Clerk determines that completion of a Form 700 is not required, pursuant to CITY’s Conflict of Interest Code.

Form 700 forms are available from the CITY Clerk.

Item #7.7.

CONSULTANT may not perform Services for any other person or entity that, pursuant to any applicable law or regulation, would result in a conflict of interest or would otherwise be prohibited with respect to CONSULTANT’s obligations pursuant to this Agreement.

CONSULTANT agrees to cooperate fully with CITY and to provide any reasonably necessary and appropriate information requested by CITY or any authorized representative concerning potential conflicts of interest or prohibitions concerning CONSULTANT’s obligations pursuant to this Agreement.

CONSULTANT may not employ any CITY official, officer or employee in the performance of the Services, nor may any official, officer or employee of CITY have any financial interest in this Agreement that would violate California Government Code §1090 et seq. CONSULTANT hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of CITY. If CONSULTANT was an employee, agent, appointee, or official of CITY in the previous twelve months, CONSULTANT warrants that it did not participate in any manner in the forming of this Agreement. CONSULTANT understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and CONSULTANT will not be entitled to any compensation for CONSULTANT’s performance of the Services, including reimbursement of expenses, and CONSULTANT will be required to reimburse CITY for any sums paid to CONSULTANT under this Agreement. CONSULTANT understands that, in addition to the foregoing, penalties for violating Government Code §1090 may include criminal prosecution and disqualification from holding public office in the State of California.

Any violation by CONSULTANT of the requirements of this provision will constitute a material breach of this Agreement, and the CITY reserves all its rights and remedies at law and equity concerning any such violations.

7.2. Subcontracting. CONSULTANT may subcontract portions of the Services upon the prior written approval of CITY. CONSULTANT will be solely responsible for payment of such subcontract Services. No contractual relationship will exist between any such subcontractors of CONSULTANT and CITY. CONSULTANT’s subcontractors agree to be bound to CONSULTANT and CITY in the same manner and to the same extent as CONSULTANT is bound to CITY under the Agreement. CONSULTANT’s subcontractors further agree to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, with any subsubcontractor to the extent they apply to the scope of the sub-subcontractor’s work. A copy of the CITY indemnity and insurance provisions will be furnished to CONSULTANT’s subcontractors upon request.

7.3. Entire Agreement. This Agreement represents the entire understanding of CITY and CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may only be modified by an amendment in writing signed by each party.

Item #7.7.

7.4. No Assignment. The Services are deemed unique and neither party shall assign, transfer, subcontract or otherwise substitute its interest in this Agreement or any of its obligations hereunder without the prior written consent of the other party. As limited by this Section

7.2, this Agreement is to be binding on the successors and assigns of the parties hereto.

7.5. Severability. If any part of this Agreement is determined to be unconstitutional, invalid or beyond the authority of either party, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement can be interpreted to give effect to the intentions of the parties.

7.6. Counterparts. This Agreement may be signed in counterparts and, when fully signed, such counterparts shall have the same effect as if signed in one document.

7.7. Choice of Law. This Agreement and all matters relating to it shall be governed by the laws of the State of California without reference to its choice of laws principles and venue shall be in the appropriate court in Napa County, California.

7.8. Waiver. No failure on the part of either Party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder. A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other further breach.

7.9. Mediation. In the event the parties are unable to resolve a dispute arising under this Agreement through good faith negotiations, the parties agree to submit the matter to mediation with a mutually agreeable mediator. Prior to the mediation, the parties shall exchange any documents reasonably necessary to resolve the matter to be mediated.

7.10. Interpretation. In the event this Agreement is ever construed in any dispute between the parties, it and each of its provisions shall be construed without regard to the party or parties responsible for its preparation and shall be deemed to have been prepared jointly by the parties. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement.

7.11. Authority. Each individual executing this Agreement on behalf of one of the parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such party and that this Agreement is binding on such party in accordance with its terms.

7.12. Third Parties. Nothing contained in this Agreement shall create a contractual relationship with, or cause of action in favor of, a third party against either the CITY or CONSULTANT. CONSULTANT’s Services hereunder are being performed solely for the benefit of CITY. CITY shall be an express third-party beneficiary of all contracts between CONSULTANT and any subcontractors or subconsultants in connection with any services performed in connection with, or in furtherance of, this Agreement. [Signatures on Next Page]
Item #7.7.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.

CITY OF CALISTOGA
By: Date:

Laura Snideman, City Manager
CONSULTANT – M-Group
By: Date: January 31, 2023
Heather Hines, Principal
Attest
By:

Marni Rittburg, City Clerk
Approved As To Form
By:

Michelle Marchetta Kenyon, City Attorney
Item #7.7.

a new design on urban planning
m-group.us Proposal for 2565 Grant Street EIR

PROJECT UNDERSTANDING
The project, known as the 2565 Grant Street Subdivision, proposes 35 single-family lots and common open space parcels on a site that is 35.6 acres located at 2565 Grant Street. The site currently contains a vineyard with a farm shed and a seasonal irrigation pond, which will be removed for the project.

The proposed subdivision will create 35 single-family lots ranging from 0.57 to 5.37 acres. Of the remaining site area, 0.72 acres will be set aside as open space and 3.70 acres will be provided as private streets serving the subdivision. The residences are proposed to be one- and two-story singlefamily homes that will contain two-car garages; the total built square footage is anticipated to be approximately 138,250 square feet (or an average home size of 3,950 square feet). Access to and from the site is provided through a connection between the proposed private street and Grant Street. An emergency vehicle access easement is proposed as secondary access at the northwestern portion of the site.

The southern and eastern portions of the project site overlap with riparian areas along Garnett Creek and the Napa River. The project proposes a grading limit in its tentative map that provides at least a 30-foot setback from the top of creek banks and a 100-foot setback from adjacent residential properties to the northwest.

The project site will be served by water lines to be installed on site that will connect to existing City of Calistoga water lines located on Grant Street. The tentative map for the project shows proposed private sanitary sewer lines to be installed on site that will direct sewage to a new sewer pump station where sewage will be discharged to the existing sewer infrastructure on Grant Street via a force main.

Based on our initial scoping, we’ve identified potential constraints due to the location and existing conditions and our proposal has been tailored to address these specific considerations. Development would be located adjacent to riparian areas and would potentially impact protected trees, specialstatus wildlife species, and/or their habitats. Accordingly, our team includes biologists familiar with Calistoga’s natural communities to peer review and augment the evaluation of biological resources.

The largely undeveloped portions of the site adjacent to the Napa River and Garnett Creek have the potential for the presence of cultural resources and our team includes archeologists familiar with Calistoga to conduct a cultural resources evaluation. The development would introduce new residents to an area proximate to lands designated as a very high fire hazard area at the edge of the city. Our team includes specialists to evaluate wildfire hazard risks and provide recommendations for fuel management and wildfire abatement. The current use of the site as a vineyard warrants an evaluation of the relative quality of the agricultural land as well as a Phase I environmental site assessment to review potential presence of hazardous materials from previous activities. These environmental considerations will be specifically addressed through the CEQA process and through completion of technical studies to be performed by qualified professionals as detailed further in our proposed scope of work.

The project is subject to review and approval of a tentative subdivision map. As discretionary entitlements are required, the project is subject to CEQA review. Required outside agency approvals are anticipated to be associated with development in proximity to Garnett Creek and the Napa River

EXHIBIT A
Item #7.7.

a new design on urban planning
m-group.us Proposal for 2565 Grant Street EIR
(CDFW and RWQCB). Other trustee or responsible state or federal agencies may also be identified through the CEQA process.

It is understood that the following information and technical studies have been or will be provided to the City by the applicant team and made available to M-Group:
• Arborist Tree Survey and Report
• Biological Resources Technical Report
• Conceptual Site Plan
• Project Narrative
• Geotechnical Investigation
• Sewer Capacity Study
• Stormwater Control Plan
• Vesting Tentative Map
• Preliminary VMT Analysis
• Traffic Analysis*
• Update to Preliminary VMT Analysis*
• Water and Wastewater Capacity Study*
* It is noted in the RFP that information and special studies are being prepared and will be provided to the consultant.

The above materials are necessary to complete the environmental review analysis and are assumed to be prepared by qualified specialists using standard industry practice and adequate to support the environmental analysis. Where additional information is required to support the analysis, M-Group will identify the information needed from the applicant. As detailed below, our Project team will leverage the expertise of sub consultants to prepare technical studies and support the environmental determination. M-Group may also coordinate with other sub consultants beyond those identified in this proposal for any additional information that may be needed.

Based on the project site location, scope of development, latest regulations regarding transportation/circulation (SB 743), proximity to riparian areas, and location within Prime Farmland, M-Group is proposing preparation of an EIR. The EIR will fully disclose potential impacts, inform the community and decision makers, and provide feasible alternatives that might further reduce or avoid potentially significant environmental impacts. An EIR provides the highest level of legal protection afforded under CEQA and is most likely to withstand a legal challenge.

PROJECT APPROACH

SCOPE OF WORK
The following provides our team’s scope of work to complete an EIR for the 2565 Grant Street Subdivision Project. M-Group is committed to working collaboratively with the City and, as appropriate, the applicant team to ensure that the environmental review for the project is completed to the City’s satisfaction.

TASK 1 KICK-OFF MEETING AND BACKGROUND RESEARCH
Upon project initiation, M-Group will facilitate a kick-off meeting with City staff and, as appropriate, the applicant team. At the kick-off meeting project goals will be identified, communication protocols discussed, and the scope of work confirmed including the project schedule, data needs, and technical studies to be prepared by M-Group’s sub-consultants and the applicant team. We will also conduct a site visit and perform a full review of all available information on the project site and vicinity including Item #7.7.

a new design on urban planning
m-group.us Proposal for 2565 Grant Street EIR
photo documentation, a records search of relevant documents (the General Plan, Zoning Ordinance and others), the history and past uses of the site, and applicable regulations.

Task 1 Deliverables: Draft Kick-off Meeting Agenda, contact information, and preliminary schedule.

Memorandum summarizing the kickoff meeting and data needed to fill in any identified gaps, as applicable.

Results of background research will be integrated into the CEQA document.

TASK 2 DRAFT PROJECT DESCRIPTION
M-Group will prepare a CEQA-compliant project description and will provide a draft to the City and applicant team to confirm adequate scope and detail. The project description will describe the proposed project and include background and site history information, environmental and regulatory conditions, location graphics, and other pertinent project details. The whole of the project will be fully captured, including all on- and off-site improvements as well as any related activities. M-Group will secure confirmation that the project description has been prepared to the City’s satisfaction and fully reflects the applicant’s proposed project. Please note that delays in providing comments on the Draft Project Description will cause delays in the overall project timeline.

Task 2 Deliverable: Electronic version of the Administrative Draft Project Description.

TASK 3 INITIAL STUDY (IS), NOTICE OF PREPARATION (NOP), AND SCOPING MEETING M-Group will prepare the Initial Study (IS), Notice of Preparation (NOP) and facilitate the EIR scoping meeting in accordance with CEQA Guidelines Section 15082 for the City’s review and acceptance.

Task 3.1 Initial Study (IS)
The IS will identify and analyze the potential environmental impacts of the project. The information and analysis will be organized in accordance with Appendix G of the CEQA Guidelines. The IS will address each environmental category and identify those environmental topics that warrant further analysis in the EIR.

Task 3.2 Notice of Preparation and Scoping Meeting
The NOP will describe the project and the environmental topics to be analyzed in the EIR. M-Group will facilitate the NOP scoping meeting, which will occur during the 30-day review period for the NOP.

Following the NOP scoping meeting, M-Group will prepare a scoping summary memo to document comments received and ensure each comment is addressed in the EIR.

M-Group will assist the City in preparing a project mailing list for all noticing and assumes that the City will maintain a list of interested parties, stakeholders, and commenting agencies throughout the EIR process. The City will be responsible for posting to the City’s website. M-Group will file the NOP with the County Clerk and with the SCH.

Task 3.1 and 3.2 Deliverables: Electronic files (word and pdf) of the Draft and Final IS and NOP, materials for the scoping meeting, and a scoping summary memo.

Item #7.7.

a new design on urban planning
m-group.us Proposal for 2565 Grant Street EIR
TASK 4 TECHNICAL STUDIES
M-Group, in collaboration with our partners, will conduct the following tasks:

Task 4.1 Air Quality, Health Risk, Greenhouse Gas, and Noise Assessment (Illingworth & Rodkin) Illingworth & Rodkin (I&R) will prepare an Air Quality, Health Risk, and Greenhouse Gas Assessment to evaluate impacts resulting from construction of the project. The Air Quality analysis will utilize the California Emissions Estimator Model (CalEEMod) to estimate construction-related air quality emissions. A Health Risk Assessment will also be prepared that evaluates construction community risk. Based on the project size and residential use, operational-related health risks will be assessed qualitatively. Significance thresholds will be based on the latest recommended thresholds by the Bay Area Air Quality Management District (BAAQMD), as presented in the 2017 CEQA Air Quality Guidelines. The analysis will utilize new guidance issued by BAAQMD for evaluating GHG impacts, which requires projects to meet certain thresholds to be consistent with State plans to achieve a 40 percent reduction in GHG emissions compared to 1990 levels by 2030 and be consistent with State measures to achieve a pathway to carbon neutrality beyond 2040.

I&R will also prepare a Noise and Vibration Assessment for the project. The assessment will quantify existing conditions, calculate construction and operational noise and vibration levels, assess impacts of the project, and recommend control measures to reduce any potential impacts.

This task will inform several chapters of the EIR including Air Quality, Greenhouse Gas Emissions, Energy, and Noise. Illingworth & Rodkin’s proposal is included in full in Attachment A.

Task 4.2 Biological Resources Analysis (Monk & Associates) Monk & Associates (M&A) will conduct a peer review of the Biological Report and Arborist Report submitted as part of the application to verify plant communities, wildlife habitats, special status species and natural communities, Calistoga policies and regulations, and jurisdictional features under state and federal regulatory agencies. M&A will perform a site survey to determine if the submitted reports accurately characterized potential presence of Waters of the US and State, addressed special status plant and animal species and communities, and provided required, appropriate mitigations.

M&A’s proposal is included in full in Attachment B.

Task 4.3 Cultural Resources Study and Historic Resources Evaluation (Evans & De Shazo) Evans & De Shazo (EDS) will prepare a Cultural Resources Study and a Historic Resources Evaluation.

This task includes a records search, field survey, and historic architecture survey, as well as contact with the Native American Heritage Commission (NAHC) to request a Sacred Lands inventory and a Native American contact list. The Sacred Lands inventory will determine if there are recorded Sacred Sites located within or in the vicinity of the site. EDS will also send letters to the individuals and organizations on the Native American contact list to inquire about Sacred Sites or other properties of traditional religious and cultural importance to local tribes and support the City in fulfilling the requirements of AB-52. EDS’s proposal is included in full in Attachment C.

Task 4.4 Phase I Environmental Site Assessment (Harris & Lee Environmental Services) Harris & Lee Environmental Services (HLENV) will prepare a Phase I Environmental Site Assessment to evaluate past uses of the property and the potential presence of hazardous substances from previous Item #7.7.

a new design on urban planning
m-group.us Proposal for 2565 Grant Street EIR
operations. HLENV’s proposal is included in full in Attachment D.

Task 4.5 Wildfire Assessment and Mitigation (Wildland Resource Management and Wildfire DefenseWorks)
M-Group’s team includes Carol Rice, Wildland Resource Management (WRM), and Wildfire DefenseWorks, a wildfire specialist formerly with CAL FIRE, to prepare a wildfire assessment report to address risk and vulnerability from wildfire risks under CEQA guidelines and identify potential mitigations. Wildfire DefenseWorks will support wildfire evaluation and provide recommendations on mitigations and best practices to address wildfire concerns associated with the proposed subdivision and the evolving regulations given the extreme fire events that have occurred annually throughout California. WRM’s proposal and Wildfire DefenseWorks’ proposal are included in full in Attachments E and F.

Task 4.6 Land Evaluation and Site Assessment (LESA) Model (M-Group) M-Group will evaluate the relative quality of the agricultural land resource of the site through the Land Evaluation and Site Assessment (LESA) model. The LESA model was first developed by the federal Natural Resources Conservation Service (NRCS) in 1981 and subsequently adopted in 1990 by the California Department of Conservation to evaluate land use decisions that affect the conversion of agricultural lands in California. The formulation of the California LESA model is intended to provide lead agencies under the California Environmental Quality Act (CEQA) with methodology to ensure that significant effects on the environment of agricultural land conversions are quantitatively and consistently considered in the environmental review process. The LESA model is used to identify whether the proposed project would exceed the threshold criteria and result in a significant impact to Agricultural Resources. M-Group will conduct an evaluation using the point-based approach in the LESA model to quantify the relative value of the agricultural resource and compare the score to the thresholds of significance for making a CEQA determination under CEQA.

Task 4.7 Review Technical Studies (M-Group)
M-Group will review all technical studies, including those submitted by the applicant team to ensure that the analyses are adequate for CEQA purposes, that conclusions rely on sound assumptions, and that appropriate methodology is utilized. As needed, M-Group will provide recommendations to ensure that all technical studies are clear and accurate, and that conclusions can be substantiated.

M-Group will integrate results of the technical studies into the CEQA analysis.

Tasks 4.1 to 4.7 Deliverables: Technical Studies will be appended to the DEIR to support findings.

TASK 5 DRAFT ENVIRONMENTAL IMPACT REPORT (DEIR)
Following release of the NOP, M-Group will initiate preparation of an Administrative Draft EIR (DEIR).

The Administrative DEIR will identify project objectives, evaluate the potentially significant adverse effects of the project, and analyze feasible alternatives. The DEIR will include the following items:
• Executive Summary
• Introduction with graphics and detailed project description • Environmental Setting/Context
Item #7.7.

a new design on urban planning
m-group.us Proposal for 2565 Grant Street EIR
• Environmental Evaluation
• Cumulative Impacts
• Project Alternatives
• Significant and Unavoidable Impacts (as applicable)
• Bibliography and References
The Administrative DEIR will be provided electronically to the City for review and comment. The City will review and provide consolidated comments on the Administrative DEIR. M-Group will prepare a Screencheck DEIR that responds to City comments for a pre-publication review. Upon confirmation that all comments on the Screencheck DEIR have been addressed to the City’s satisfaction, the Public Draft EIR will be assembled and released for at least a 45-day public comment period. M-Group will prepare CEQA notices including a Notice of Availability (NOA) and Notice of Completion (NOC). It is understood that the City of Calistoga will complete all local postings and publications. M-Group will post the DEIR to the SCH for distribution to State regulatory agencies.

Task 5 Deliverables: The Administrative DEIR, Screencheck DEIR will be provided electronically. An electronic copy of the Public DEIR, all references, resources and materials cited will be provided to the City.

M-Group post the DEIR to the SCH.

TASK 6 FINAL ENVIRONMENTAL IMPACT REPORT (FEIR)
Following the public comment period on the DEIR, M-Group will prepare the Administrative Final EIR (FEIR) responding to all comments received. It is assumed that the City will assemble and provide MGroup with all public comments on the DEIR. Depending on the type of comments received, a Master Response approach may be employed. This scope assumes five comment letters of normal detail (2- 3 pages in length). Comments in excess of these assumptions will be considered outside of this scope of work and cost estimate and an augment will be required. This scope assumes that no new technical analyses or field work will be necessary to respond to comments.

M-Group will provide the City with an Administrative FEIR, including the Mitigation Monitoring and Reporting Program (MMRP) for review and comment. The City will provide M-Group with a comprehensive redline of staff’s comments on the administrative draft FEIR. A Screencheck FEIR will be prepared addressing City comments. Once comments on the Administrative FEIR have been addressed to the City’s satisfaction, M-Group will prepare the Public FEIR for circulation.

Task 6 Deliverables: Electronic versions (Word and PDF) of the response to comments document, electronic file containing all comment letters, and any additional references cited. The Administrative, Screencheck FEIR, and Public FEIR will be provided electronically.

Task 6.1 Findings of Fact and Statement of Overriding Considerations (as necessary) M-Group will provide draft findings of fact for use by the City to support certification of the EIR. If the EIR concludes that project impacts cannot be mitigated to levels below significance, and would result in a significant and unavoidable impact, M-Group will also prepare a statement of overriding considerations.

Task 6.1 Deliverables: Electronic versions (Word and PDF) of findings and statement of overriding considerations (as warranted).

Item #7.7.

a new design on urban planning
m-group.us Proposal for 2565 Grant Street EIR
TASK 7 PUBLIC HEARINGS AND CEQA NOTICES
Our scope provides for attendance at up to five public hearings (assumed to be one scoping meeting, two Planning Commission meetings, and two City Council meetings) to assist staff with presentations and respond to environmental questions. Additional public meetings will be charged on an hourly basis as needed. M-Group will provide support to planning staff for reports, presentations, and materials presented to the public and decision makers relating to the environmental review and findings. M-Group will assist the City in preparing and filing CEQA notices (Notice of Completion/Notice of Availability, Notice of Intent to Adopt, and Notice of Public Hearing) with the County Clerk and SCH.

Following certification of the Final EIR, M-Group will assist the City in preparing and filing a Notice of Determination (NOD). A County Clerk filing fee of $50 and a California Department of Fish and Wildlife (CDFW) filing fee of $3,539.25 will be required at the time of filing the NOD (CDFW fee is subject to change). This fee is not included in our proposal costs and will be requested upon certification of the EIR.

Task 7 Deliverables: Environmental materials to support staff reports and public hearings; and a Draft Notice of Determination for filing with the County Clerk and SCH.

TASK 8 PROJECT MANAGEMENT AND COORDINATION
M-Group staff will be available throughout the environmental review process to correspond with City staff and/or the applicant team, as appropriate. Justin Shiu will serve as the Project Manager and will be the primary point of contact for the City. He will provide routine updates on progress and oversee coordination of the environmental team. This task includes remote check-ins, progress updates, coordination, and general correspondence over the course of the project.

Task 8 Deliverables: Bi-weekly status updates (via email or conference call) to keep the City informed of project progress. Monthly invoicing will include a progress memo identifying completed and forthcoming tasks.

SCHEDULE AND MILESTONES
The following schedule assumes project initiation will be January 2023 and assumes a 12-month period to complete the EIR. Please note that Tasks 6 (FEIR) and 7 (Public Hearings and CEQA Notices) are identified as to be determined (TBD) as preparation of and hearings on the FEIR will be contingent on publication of the DEIR. Target dates will be discussed during the project kick-off meeting and periodically updated throughout preparation of the EIR in coordination with city staff to reflect the project in real-time.

TASK/DELIVERABLE TARGET DATES
TASK 1 KICK-OFF AND BACKGROUND RESEARCH
Notice to Proceed to Subs January 2023
Kick-off Meeting January 2023
TASK 2 DRAFT PROJECT DESCRIPTION
Admin Draft Project Description January – February 2023 City Review of Admin Draft Project Description February 2023 Item #7.7.

OAK #4823-2508-6159 v2

EXHIBIT B
Compensation
CITY shall pay CONSULTANT for the Services on a cost reimbursement basis, up to the Cost Ceiling (as defined in Section 2.1 of the Agreement). CONSULTANT agrees to use appropriate methods to contain its fees and costs under this Agreement. Compensation shall include only the following costs, which shall all count toward the Cost Ceiling:

1. Direct Labor
Direct labor costs shall be the total number of hours worked on the job by each employee times the agreed hourly rate for such employee's labor as set forth on the attached Exhibit B-1.

2. Subconsultant Costs
Subconsultant services shall be billed at cost plus a 10 percent markup. CONSULTANT shall provide a copy of each subconsultant's invoice for which it seeks payment from CITY with any invoice in which such payment is requested.

3. Other Direct Costs
The following categories of costs are eligible for reimbursement, which shall be made at the actual cost to CONSULTANT without any additional mark-up:
a. Reasonable living and traveling expenses of employees when away from home office on business in its prosecution of the Services. CONSULTANT must have prior approval of CITY to be reimbursed for these expenses.
b. Automobile expenses for personal vehicle use, if necessary, at the IRS approved mileage rate.
c. Reproduction of drawings and specifications by CONSULTANT as required under this Agreement, at rates prevailing in this community for bulk reproduction or at other reasonable rates approved by CITY.
d. Special overnight delivery or messenger services.

Payments to CONSULTANT for reimbursable costs/expenses will be made only after the specific costs/expenses have been incurred and CONSULTANT has submitted substantiating documentation, such as copies of paid invoices or other documentation confirming that such costs/expenses have been incurred.

Item #7.7.

City of Calistoga
2565 Grant Street Subdivision Project
Principal-InChargeProject
Manager
Senior
Planner
Associate
Planner
Assistant
Planner
Hourly Billing Rate $250 $160 $160 $135 $105
TASK 1: KICK OFF MEETING AND BACKGROUND RESEARCH
Kick-Off Meeting and Site Visit 2 4 0 0 0 6 $1,140
Background Research 2 6 0 0 0 8 $1,460
Task 1 Subtotal: 4 10 0 0 0 14 $2,600
TASK 2: DRAFT PROJECT DESCRIPTION
Prepare Project Description 1 6 2 10 0 19 $2,880
Task 2 Subtotal: 1 6 2 10 0 19 $2,880
TASK 3: IS, NOP, AND SCOPING MEETING
Prepare Initial Study 4 20 4 20 0 48 $7,540
Prepare Notice of Preparation 1 2 6 4 0 13 $2,070
Prepare for and Attend Public Scoping Meeting 1 4 2 4 0 11 $1,750 Task 3 Subtotal: 6 26 12 28 0 72 $11,360
TASK 4: TECHNICAL STUDIES
Land Evaluation and Site Assessment (LESA) Model (Subtask 4.6) 2 8 4 8 0 22 $3,500 Review Draft Technical Studies (Subtask 4.7) 4 8 4 8 0 24 $4,000 Task 4 Subtotal: 6 16 8 16 0 46 $7,500
TASK 5: DRAFT EIR
Introduction / Executive Summary 0 2 4 2 0 8 $1,230
Other CEQA Topics 0 2 4 2 0 8 $1,230
Alternatives Analysis 0 8 4 4 0 16 $2,460
Quality Assurance/Quality Assurance Review 10 16 10 0 0 36 $6,660 Prepare Administrative Draft EIR 10 55 83 106 0 254 $38,890 Prepare Screencheck Draft EIR 2 8 4 10 0 24 $3,770
Prepare Public Review Draft EIR 2 8 4 10 0 24 $3,770
Prepare Notices and Circulate to the State Clearinghouse 4 0 0 4 0 8 $1,540 Task 5 Subtotal: 28 126 174 236 0 564 $86,860
TASK 6: FINAL EIR
Catalog Comment Letters 0 2 4 8 0 14 $2,040
Prepare Administrative Draft Final EIR 2 12 8 20 4 46 $6,820 Prepare MMRP 0 2 4 8 0 14 $2,040
Prepare Final EIR 1 2 4 8 2 17 $2,500
Prepare Findings of Fact 1 4 6 0 0 11 $1,850
Prepare Statement of Overriding Considerations 2 4 10 0 0 16 $2,740 Task 6 Subtotal: 6 26 36 44 6 118 $17,990
TASK 7: PUBLIC HEARINGS AND CEQA NOTICES
Prepare for and Attend Planning Commission Meeting (2) 10 10 0 0 0 20 $4,100 Prepare for and Attend City Council Meeting (2) 10 10 0 0 0 20 $4,100 File the Notice of Determination 2 0 0 0 2 4 $710
Task 7 Subtotal: 22 20 0 0 2 44 $8,910
TASK 8: PROJECT MANAGEMENT AND COORDINATION
Management and Coordination 10 40 10 0 0 60 $10,500
Task 8 Subtotal: 10 40 10 0 0 60 $10,500
Project Subtotal (hours + budget) 83 270 242 334 8 937 $148,600 Direct Costs (Supplies, Printing, Mailing and Mileage) $2,500 10% Contingency Costs $14,860
M-Group Total $165,960
SUBCONSULTANT TECHNICAL STUDIES (Includes M-Group Administration Fee) Total Cost Task 4.1 Illingworth & Rodkin Air Quality, Health Risk, Greenhouse Gas, and Noise Assessment $16,400 $18,040 Task 4.2 Monk & Associates Biological Resources Analysis $16,571 $18,228 Task 4.3 Evans & De Shazo Cultural Resources Study and Historic Evaluation $13,934 $15,327 Task 4.4 Harris & Lee Environmental Sciences Phase I Environmental Site Assessment $3,500 $3,850 Task 4.5 Wildland Resource Management Wildfire Assessment $25,800 $28,380 Task 4.5 Wildfire DefenseWorks Wildfire Review and Mitigation $5,500 $6,050 Subconsultant Subtotal: $89,876
Project Total $255,836
NOTES
1 2
3 Travel time and expenses have been factored into the budget. 4 12/14/2022
M-Group reserves the right to re-allocate hours within M-Group to complete the tasks, as necessary, but within the total budget.

Cost Proposal is for a Not-to-exceed Contract with monthly invoicing based on task completion.

Task Number / Description M-Group
Hours
Task
Subtotals
Use of the Contingency will require City approval.

EXHIBIT B-1
Item #7.7.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Jeff Mitchem, Planning & Building Director
Meeting: City Council - Feb 07 2023
Subject: Consultant Services Agreement Development Impact Fee Program Update DESCRIPTION:

Consideration adopting a Resolution authorizing the City Manager to execute a Consultant Services Agreement with Economic & Planning Systems, Inc. (EPS) to prepare a comprehensive update of the Calistoga (City) Development Impact Fee (DIF) Program.

RECOMMENDATION:

Adopt Resolution.

BACKGROUND/SUMMARY:

EPS has been selected to provide an updated DIF Program, which was previously updated in 2014 by EPS and W-Trans as the transportation sub-consultant. This same team has been selected to formulate recommendations for development impact fee policy to ensure that fees generated by the City’s development services are sufficient to support continued infrastructure and capital facility needs for the City.

The Work Program (Attachment 2, Exhibit A) describes the tasks the EPS Team will undertake to complete a comprehensive review and update of the City’s development impact fees, consistent with the provisions of the Mitigation Fee Act (Government Code Section 66000) and other relevant statutes, most notably AB-602.

Specifically, the work program includes the necessary technical work to support the update of the following development impact fees that were last updated in 2014:
• Police
• Fire
• Cultural/Recreational
• City Administration
• Transportation
The Work Program also includes the evaluation of the potential economic effects of fee changes by comparing the potential, new fee schedule in the City with fees in other relevant cities and by considering the cost burdens associated with any potential fee increases.

CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:

Goal 1: Maintain and enhance the economic vitality of the community and the financial stability of the City. Goal 5; Offer excellent professional services to all customers.

Item #7.8.

CEQA STATUS:

Exempt
FINANCIAL IMPACT:

Compensation shall be $80,000 (Exhibit B of Attachment 2) which will be paid from General Fund account 01-4115-4402, approved by City Council in July 2022 for inclusion in the FY 2022/23 budget.

ATTACHMENT(S):

ATTCH 1 Reso Development Impact Fees in iCompass Clerk Formatted ATTCH 2 CSA - EPS
APPROVAL(S):

Nitish Sharma Approved - Jan 31 2023
Marni Rittburg, City Clerk Approved - Jan 31 2023
Item #7.8.

ATTACHEMT 1
RESOLUTION NO. 2023-XXX
Authorizing Consultant Services Agreement No. XXX

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

STATE OF CALIFORNIA AUTHORIZING THE CITY MANAGER TO ENTER INTO AN

AGREEMENT FOR CONSULTANT SERVICVES WITH ECONOMIC & PLANNING SYSTEMS, INC. FOR A COMPREHENSIVE UPDATE OF THE CITY’S DEVELOPMENT IMPACT FEES WHEREAS, the City’s development impact fees need to be updated to reflect the actual costs of public facilities and improvements, as well as affordable housing; and WHEREAS, fee adoption is required by state law to be based on a demonstrable, clear and reasonable relationship between new development and improvements needed to serve it; and
WHEREAS, the fees also need to be sufficient to fund capital facilities, while being responsive to economic realities; and
WHEREAS, Consultant hereby warrants to the City that Consultant is skilled and able to provide such services described in Exhibit A of Consultant Services Agreement; and
WHEREAS, City desires to retain Consultant pursuant to this Agreement to provide the services described in Exhibit A of Consultant Services Agreement; and WHEREAS, the Consultant fee for services shall not exceed $80,000 as conveyed in Exhibit B of Consultant Services Agreement; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Calistoga hereby authorizes the City Manager to enter into an agreement for consultant services with Economic & Planning Systems, Inc in an amount not to exceed $80,000.

PASSED, APPROVED AND ADOPTED this 7
th day of February 2023. 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, City Clerk Donald Williams, Mayor
Item #7.8.

OAK #4823-2508-6159 v2

AGREEMENT FOR CONSULTANT SERVICES
This Agreement for Consultant Services (the "Agreement") is made and entered into this ___ day of __________, 2023, by and between THE CITY OF CALISTOGA, a municipal corporation (hereinafter referred to as "CITY") and Economic & Planning Systems, Inc. (hereinafter referred to as "CONSULTANT"). CITY and CONSULTANT may be referred to individually as “Party” and collectively as the “Parties.”

RECITALS
WHEREAS, CITY requires economic and planning services to prepare a comprehensive update to the Calistoga Development Impact Fee Program; WHEREAS, CONSULTANT is qualified to perform such services; and WHEREAS, CONSULTANT has agreed to provide CITY with such services on the terms and conditions set forth herein.

NOW, THEREFORE, for the considerations hereinafter set forth, CONSULTANT and CITY agree as follows:

ARTICLE 1 - SCOPE OF SERVICES

1.1. Scope of Work. CONSULTANT agrees to furnish the services set forth in Exhibit A, Scope of Work, which is attached hereto and incorporated herein (the "Services").

1.2. Compliance with Law. The Services shall be performed in accordance with all applicable federal, state and local laws, ordinances, rules, regulations and orders.

1.3. Time is of the Essence. CONSULTANT agrees to diligently prosecute the Services. In the performance of this Agreement, time is of the essence. However, notwithstanding the foregoing, CONSULTANT shall perform its Scope of Work as expeditiously as is consistent with the professional standard of care as defined in Section 1.4 below and the orderly progress of the project.

1.4. Professional Competence. CONSULTANT represents that it has the professional skills necessary to perform the Services and that it will perform the Services in a skillful and professional manner in accordance with the professional standard of care as defined below. CONSULTANT represents that it has all the necessary licenses to perform the Services and shall maintain them throughout the term of this Agreement.

CONSULTANT agrees that the Services shall be performed in the manner and according to the standards observed by a practitioner of the profession in which CONSULTANT is engaged, in the same or similar geographical area in which CONSULTANT practices its profession and in the same or similar circumstances to that of CONSULTANT under this Agreement, and will prepare all work products required by this Agreement in accordance with such standards. CITY and CONSULTANT agree that CONSULTANT is in responsible charge of the Services and CITY shall have no control over the method or ATTACHMENT 2
Item #7.8.

means of performance of the Services. Acceptance by CITY of the Services does not operate as a release of CONSULTANT from professional responsibility for the Services performed.

1.5. Independent Contractor. CONSULTANT is an independent contractor and not an employee of CITY. CONSULTANT expressly warrants that it will not represent that it is an employee of CITY. Persons employed or utilized by CONSULTANT in the performance of the Services will not be employees or agents of CITY. CONSULTANT is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

1.6. Confidentiality. CONSULTANT agrees to maintain in confidence and not disclose to any person, firm, governmental entity, or corporation, without CITY's prior written consent, any trade secret or confidential information, knowledge or data relating to the products, process, or operation of CITY. CONSULTANT further agrees to maintain in confidence and not to disclose to any person, firm, governmental entity, or corporation any data, information, technology, or material developed or obtained by CONSULTANT during the performance of the Services. The covenants contained in this Section 1.6 shall survive the termination of this Agreement for whatever cause.

1.7. Ownership of Material. Any reports and other material prepared by or on behalf of CONSULTANT under this Agreement (collectively, the "Documents") shall be and remain the property of CONSULTANT, and made available to CITY upon request without restriction or limitations on their use. All Documents not already provided to CITY shall be delivered to CITY on the date of termination of this Agreement for any reason. The Documents may be used by CITY and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes CITY may deem appropriate without further employment of or payment of any compensation to CONSULTANT. However, notwithstanding the foregoing, CONSULTANT shall not be responsible or liable for any alterations, modifications, or additions made to the Documents by CITY or any reuse of the Documents by CITY or any other party for this project or any other project without the consent of CONSULTANT. CITY shall defend, indemnify, and hold CONSULTANT harmless against any claims, damages, or losses arising out of the reuse or distribution of the Documents without the consent of CONSULTANT and arising out of alterations, modifications, or additions to the Documents made by anyone other than CONSULTANT.

1.8. Documentation. CONSULTANT shall keep and maintain full and complete documentation and accounting records, employee time sheets, and correspondence pertaining to the performance of the Services, and CONSULTANT shall make such documents available for review and/or audit by CITY and CITY's representatives at all reasonable times for at least four years after the termination of this Agreement or completion of the Services.

1.9. Testimony. CONSULTANT agrees to testify at CITY's request if litigation is brought against CITY in connection with the Services. Unless the action is brought by Item #7.8.

CONSULTANT or is based upon CONSULTANT's negligence, CITY will compensate CONSULTANT for the preparation and the testimony at CONSULTANT's standard hourly rates.

ARTICLE 2 - COMPENSATION

2.1. Compensation. Compensation for the Services shall be in accordance with Exhibit B, Compensation, attached hereto and incorporated herein. It is agreed that the compensation for the Services shall not exceed $80,000 ("Cost Ceiling"). Compensation for the Services shall not exceed the Cost Ceiling without prior written approval of the City.

2.2. Invoices. CONSULTANT shall submit monthly invoices in a form reasonably satisfactory to CITY on or before the tenth day of each month for Services provided during the preceding month. CONSULTANT shall submit time and cost records as reasonably necessary to substantiate performance of the Services. Within 35 days after receipt of each such invoice, CITY shall verify the accuracy of the invoice, correct the charges where appropriate and as discussed and mutually agreed with CONSULTANT, and make payment to CONSULTANT in an amount equal to the amount of such invoice, as verified or corrected by CITY. No payment hereunder shall be construed as evidence of acceptance of any of CONSULTANT's work. CITY reserves the right to withhold payment from CONSULTANT on account of Services not performed in accordance with this Agreement, delays in CONSULTANT's performance of Services other than delays that are due to circumstances beyond CONSULTANT’s reasonable control, or other defaults hereunder.

2.3. Status Reports. Together with each monthly invoice, CONSULTANT shall submit a status report detailing the amount expended on the Services to that date and the remaining amount to be expended before the Cost Ceiling is reached. CONSULTANT shall notify CITY in writing when payments have reached 90 percent of the Cost Ceiling.

2.4. Withholding. In lieu of holding retention, CITY shall withhold CONSULTANT's final payment until the Services are complete and CITY has received all Documents.

CONSULTANT shall diligently continue and complete performance of the Services if the Services are not complete at the time CONSULTANT has performed services up to the Cost Ceiling.

ARTICLE 3 - TIME OF PERFORMANCE

3.1. Effective Date. This Agreement shall become effective upon execution of the second signature and shall remain in full force and effect until the Services are completed (the "Term"). CONSULTANT agrees to complete all services by December 2023.

3.2. Termination. This Agreement may be terminated at any time by CITY upon written notice to CONSULTANT.

3.3. Final Payment. CONSULTANT shall be entitled to compensation for Services performed and costs incurred by CONSULTANT up to the time of such termination, it Item #7.8.

being understood that any payments are full compensation for the Services rendered under this Agreement.

3.4. Other Remedies. Nothing in this Article 3 shall be deemed to limit the respective rights of the parties to terminate this Agreement for cause or otherwise to exercise any rights or pursue any remedies which may accrue to them.

ARTICLE 4 - DESIGNATED CONTACTS

4.1. CITY Contact. CITY designates Jeff Mitchem, its Planning and Building Director, as its contact who shall be responsible for administering and interpreting the terms and conditions of this Agreement, for matters relating to CONSULTANT's performance under this Agreement, and for liaison and coordination between CITY and CONSULTANT. In the event CITY wishes to make a change in CITY's representative, CITY will notify CONSULTANT of the change in writing.

4.2. CONSULTANT Contact. CONSULTANT designates Ashlee Takushi as its contact, who shall have immediate responsibility for the performance of the Services and for all matters relating to performance under this Agreement. Any change in CONSULTANT's designated contact shall be subject to written approval by CITY.

ARTICLE 5 - INDEMNIFICATION AND INSURANCE

5.1. Indemnification. CONSULTANT shall, to the fullest extent allowed by law, with respect to claims, liability, loss, damage, costs, or expenses, including reasonable attorney's and expert witness fees, awards, fines, penalties, or judgments, arising out of or relating to CONSULTANT’s negligent performance of the Services (collectively "Claims"), defend, indemnify, and hold harmless CITY, its Officials, officers, employees and agents (the "CITY Parties"), except to the extent the Claims are attributable to CITY Parties' negligence or willful misconduct. CONSULTANT shall defend the CITY Parties as required by California Civil Code Section 2778, and with counsel reasonably acceptable to those parties. CONSULTANT shall have no right to seek reimbursement from the CITY Parties for the costs of defense.

If CONSULTANT is a “design professional,” as defined in California Civil Code Section 2782.8(c), CONSULTANT shall indemnify, defend, and hold the Indemnitees harmless against Claims only to the extent such Claims arise out of, pertain to, or relate to CONSULTANT’s negligence, recklessness, or willful misconduct. In such an event, the cost to defend charged to CONSULTANT shall not exceed CONSULTANT’s proportionate percentage of fault.

The obligations contained in this Section 5.1 shall survive the termination of this Agreement for whatever cause for the full period of time allowed by law and shall not in any way be limited by the insurance requirements of this Agreement.

5.2. Health and Safety. CONSULTANT may perform part of the Services at sites which contain unknown working conditions and contaminated materials. CONSULTANT shall Item #7.8.

be solely responsible for the health and safety of CONSULTANT's employees during the performance of the Services.

5.3. Insurance. CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency shall procure, provide and maintain at all times during the performance of this Agreement, and for such additional periods as described herein, the insurance listed below with insurers licensed to do business in the State of California and with a Best's rating of no less than A:VII.

A. Commercial Automobile Liability Insurance. Commercial Automobile Liability Insurance providing bodily injury liability and property damage, to protect against all liability arising out of the use of any owned, leased, passenger or commercial automobile at a minimum amount of $1,000,000 combined single limit. Coverage shall apply to hired and non-owned autos.

B. Commercial General Liability Insurance. Commercial General Liability Insurance, with limits providing a minimum amount of $1,000,000 combined single limit coverage for each occurrence, $2,000,000 general aggregate and $2,000,000 products/completed operations aggregate. The insurance shall cover all operations including but not limited to the following: (1) premises, operations and mobile equipment liability; (2) completed operations and products liability; (3) contractual liability insuring the obligations assumed by CONSULTANT in this Agreement to the extent of the policy; (4) broad form property damage liability; (5) personal injury liability endorsement, including death; and (6) automobile bodily injury and property damage insurance, including all owned, hired and non-owned equipment.

C. Professional Liability Insurance. Professional Liability Insurance protecting against liabilities arising out of or in connection with negligent acts, errors, or omissions of CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agents in connection with this Agreement, at a minimum amount of $1,000,000 per claim and $1,000,000 aggregate, on a "claims made basis" with a continuation of coverage extension for liabilities for two years from the date the Services are substantially complete.

D. Workers Compensation Insurance. Workers Compensation insurance, occupational disease insurance and employer’s liability insurance shall be required with minimum limits as required by law, covering all workplaces involved in this Agreement.

E. Sexual Abuse or Molestation (“SAM”) Liability. If the work will include contact with minors, and the Commercial General Liability policy under Section 5.3(B) is not endorsed to include affirmative coverage for sexual abuse or molestation, CONSULTANT shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim.

Item #7.8.

F. Policy Terms. Concurrently with execution of this Agreement, CONSULTANT shall provide CITY with Certificates of Insurance evidencing that CONSULTANT has obtained or maintains the insurance required by this Section

5.3. The Certificates shall be on forms acceptable to CITY. CONSULTANT shall also furnish CITY with original endorsements with the following documentation:
• Precluding cancellation or reduction in coverage before the expiration of thirty (30) days after CITY shall have received written notification thereof from CONSULTANT by United States mail;
• Providing that CONSULTANT's insurance shall apply separately to each insured against whom claim is made or suit is brought, and include a “separation of insureds” or “severability” clause which treats each insured separately, except with respect to the limits of the insurer's liability (cross-liability endorsement);
• Excepting CONSULTANT’S professional liability insurance and workers’ compensation insurance, naming CITY, its City Council, boards, commissions, committees, officers, employees and agents as additional insureds (“Additional Insureds”); and
• Providing that for any claims relating to CONSULTANT's services hereunder, CONSULTANT's insurance coverage shall be primary insurance with respect to CITY, its City Council, boards, commissions, committees, officers, employees and agents, and that any insurance or self-insurance maintained by CITY for itself, its City Council, boards, commissions, committees, officers, employees and agents shall be in excess of CONSULTANT's insurance and shall not be contributory with it.
• It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverages requirements and/or limits shall be available to the Additional Insured, including but not limited to any umbrella or excess insurance.

Furthermore, the requirements for coverage and limits shall be the greater of:
(a) the minimum coverage and limits specified in this Agreement; or (b) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.

G. Waiver of Subrogation. CONSULTANT hereby grants to CITY a waiver of any right to subrogation which any insurer of said CONSULTANT may acquire against the CITY by virtue of the payment of any loss under such insurance.

CONSULTANT hereby agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. However, the Worker’s Compensation policy required by Section 5.3(D) of this Agreement shall be endorsed with a waiver of subrogation in favor of CITY for all work performed by CONSULTANT, its employees and/or agents.

H. Material Breach. If CONSULTANT fails to maintain insurance coverage or provided insurance documentation which is required pursuant to this Agreement, it shall be deemed a material breach of this Agreement. CITY, at its sole option, Item #7.8.

may terminate this Agreement and obtain damages from CONSULTANT resulting from said breach. Alternatively, CITY may purchase the required insurance coverage, and without further notice to CONSULTANT, may deduct from sums due to CONSULTANT any premium costs advanced by CITY for such insurance. These remedies shall be in addition to any other remedies available to CITY.

ARTICLE 6 - NOTICES
All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by facsimile or reputable overnight courier and shall be deemed received upon the earlier of: (1) if personally delivered, the date of delivery to the address of the person to receive such notice; (2) if delivered by Federal Express or other overnight courier for next business day delivery, the next business day; (3) if sent by facsimile, with the original sent on the same day by overnight courier, the date on which the facsimile is received, provided it is before 5:00 P.M. Pacific Time; or (4) if sent electronically, the date of delivery on the confirmed read receipt. Notice of change of address shall be given by written notice in the manner described in this Article 6. Rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice or communication sent. Unless changed in accordance herewith, the addresses for notices given pursuant to this Agreement shall be as follows:

If to CITY: Laura Snideman, City Manager
1232 Washington Street
Calistoga, CA 94515
Email: [email protected]
Phone: 707-942-2806
If to CONSULTANT: Economic & Planning Systems, Inc.
1330 Broadway, Suite 450
Oakland, CA 94612
Phone: (510) 841-9190
ARTICLE 7 - MISCELLANEOUS

7.1. Conflict of Interest Prohibition. CITY and CONSULTANT will comply with the requirements of the CITY’s Conflict of Interest Code adopted pursuant to California Government Code §87300 et seq., the Political Reform Act (California Government Code §81000 et seq.), the regulations promulgated by the Fair Political Practices Commission (Title 2, §18110 et seq. of the California Code of Regulations), California Government Code §1090 et seq., and any other ethics laws applicable to the performance of the Services and/or this Agreement. If applicable to CONSULTANT’s Services for CITY, CONSULTANT may be required to file with the CITY Clerk a completed Form 700 before commencing performance of the Services unless the CITY Clerk determines that completion of a Form 700 is not required, pursuant to CITY’s Conflict of Interest Code.

Form 700 forms are available from the CITY Clerk.

Item #7.8.

CONSULTANT may not perform Services for any other person or entity that, pursuant to any applicable law or regulation, would result in a conflict of interest or would otherwise be prohibited with respect to CONSULTANT’s obligations pursuant to this Agreement.

CONSULTANT agrees to cooperate fully with CITY and to provide any reasonably necessary and appropriate information requested by CITY or any authorized representative concerning potential conflicts of interest or prohibitions concerning CONSULTANT’s obligations pursuant to this Agreement.

CONSULTANT may not employ any CITY official, officer or employee in the performance of the Services, nor may any official, officer or employee of CITY have any financial interest in this Agreement that would violate California Government Code §1090 et seq. CONSULTANT hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of CITY. If CONSULTANT was an employee, agent, appointee, or official of CITY in the previous twelve months, CONSULTANT warrants that it did not participate in any manner in the forming of this Agreement. CONSULTANT understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and CONSULTANT will not be entitled to any compensation for CONSULTANT’s performance of the Services, including reimbursement of expenses, and CONSULTANT will be required to reimburse CITY for any sums paid to CONSULTANT under this Agreement. CONSULTANT understands that, in addition to the foregoing, penalties for violating Government Code §1090 may include criminal prosecution and disqualification from holding public office in the State of California.

Any violation by CONSULTANT of the requirements of this provision will constitute a material breach of this Agreement, and the CITY reserves all its rights and remedies at law and equity concerning any such violations.

7.2. Subcontracting. CONSULTANT may subcontract portions of the Services upon the prior written approval of CITY. CONSULTANT will be solely responsible for payment of such subcontract Services. No contractual relationship will exist between any such subcontractors of CONSULTANT and CITY. CONSULTANT’s subcontractors agree to be bound to CONSULTANT and CITY in the same manner and to the same extent as CONSULTANT is bound to CITY under the Agreement. CONSULTANT’s subcontractors further agree to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, with any subsubcontractor to the extent they apply to the scope of the sub-subcontractor’s work. A copy of the CITY indemnity and insurance provisions will be furnished to CONSULTANT’s subcontractors upon request.

7.3. Entire Agreement. This Agreement represents the entire understanding of CITY and CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may only be modified by an amendment in writing signed by each party.

Item #7.8.

7.4. No Assignment. The Services are deemed unique and neither party shall assign, transfer, subcontract or otherwise substitute its interest in this Agreement or any of its obligations hereunder without the prior written consent of the other party. As limited by this Section

7.2, this Agreement is to be binding on the successors and assigns of the parties hereto.

7.5. Severability. If any part of this Agreement is determined to be unconstitutional, invalid or beyond the authority of either party, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement can be interpreted to give effect to the intentions of the parties.

7.6. Counterparts. This Agreement may be signed in counterparts and, when fully signed, such counterparts shall have the same effect as if signed in one document.

7.7. Choice of Law. This Agreement and all matters relating to it shall be governed by the laws of the State of California without reference to its choice of laws principles and venue shall be in the appropriate court in Napa County, California.

7.8. Waiver. No failure on the part of either Party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder. A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other further breach.

7.9. Mediation. In the event the parties are unable to resolve a dispute arising under this Agreement through good faith negotiations, the parties agree to submit the matter to mediation with a mutually agreeable mediator. Prior to the mediation, the parties shall exchange any documents reasonably necessary to resolve the matter to be mediated.

7.10. Interpretation. In the event this Agreement is ever construed in any dispute between the parties, it and each of its provisions shall be construed without regard to the party or parties responsible for its preparation and shall be deemed to have been prepared jointly by the parties. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement.

7.11. Authority. Each individual executing this Agreement on behalf of one of the parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such party and that this Agreement is binding on such party in accordance with its terms.

7.12. Third Parties. Nothing contained in this Agreement shall create a contractual relationship with, or cause of action in favor of, a third party against either the CITY or CONSULTANT. CONSULTANT’s Services hereunder are being performed solely for the benefit of CITY. CITY shall be an express third-party beneficiary of all contracts between CONSULTANT and any subcontractors or subconsultants in connection with any services performed in connection with, or in furtherance of, this Agreement. [Signatures on Next Page]
Item #7.8.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.

CITY OF CALISTOGA
By: Date:

Laura Snideman, City Manager
CONSULTANT – Fehr & Peers
By: Date:

Teifion Rice-Evans, Managing Principal
Attest
By:

Marni Rittburg, City Clerk
Approved As To Form
By:

Michelle Marchetta Kenyon, City Attorney
Item #7.8.

Economic & Planning Systems, Inc. 2 Z:\Shared\Proposals\Oakland\211000s\211041Calistoga\211041EPSProposal11.09.22_revised.docx

OVERALL WORK PROGRAM
This Work Program describes the tasks the EPS Team will undertake to complete a comprehensive review and update of the City’s development impact fees, consistent with the provisions of the Mitigation Fee Act (Government Code Section 66000) and other relevant statutes, most notably AB-602.

Specifically, this work program includes the necessary technical work to support the update of the following development impact fees that were last updated in 2014:
 Police
 Fire
 Cultural/Recreational
 City Administration
 Transportation
The Work Program also includes the evaluation of the potential economic effects of fee changes by comparing the potential, new fee schedule in the City with fees in other relevant cities and by considering the cost burdens associated with any potential fee increases.

The Work Program is envisioned as a collaborative effort with City staff. EPS is the lead consultant and will be responsible for the preparing the overall technical report and the technical work on all fees except the transportation fee. W-Trans will lead the effort to update the transportation impact fee, including technical work and explanations at public meetings. EPS will integrate W-Trans’ technical work into the comprehensive fee report. This primary work program section includes a brief synopsis of the W-Trans work program with a fully detail transportation impact fee work program described in Appendix A.

Task 1: Project Initiation
The EPS Team will meet with City staff to initiate the project. The following topics will be discussed at the project initiation meeting:
 Review of overall work program
 Status of City Capital Improvement Programs (CIPs), Facility Master Plans, General Plan, etc.  Consultant information needs from the City
 Meetings with city departments to develop/review capital improvements  Development pipeline and forecasts
 Schedule and Next Steps
 Communication Protocol
As part of the project initiation meeting, it would be helpful to have key City staff in attendance to provide them with an overview of the project objectives, data requirements, and key issues of concern.

EXHIBIT A Item #7.8.

Calistoga Development Impact Fee Program Update
November 9, 2022
Economic & Planning Systems, Inc. 3 Z:\Shared\Proposals\Oakland\211000s\211041Calistoga\211041EPSProposal11.09.22_revised.docx Task 2: Demographic an d Land Use Analysis
The EPS Team and City staff will initially review the current fee structure and, specifically, the land uses (and their definitions) that currently pay the development impact fees. The purpose of this review will be to determine whether any adjustments in the land use categories or definitions are appropriate. EPS will then work closely with City staff to assemble the land use assumptions, growth projections, and pipeline projects that will inform impact fee development.

EPS will also define the operative assumptions, such as population and employment densities for each land use category, to be used in estimating demand allocation for new infrastructure. WTrans will also engage with EPS and City staff to ensure data relative to the future development potential in the City is reported in a manner that is also suitable for transportation impact fee development. It is assumed the City will also provide information on any Development Agreements that cover future development and that are expected to affect the payment of development impact fees.

Task 3: Development Impact Fees
Task 3 covers the technical work required to update the police, fire, cultural/ recreational, and City administrative development impact fees. This technical work will establish the maximum, justifiable fee level. The recommended fee may be less than the maximum based on considerations addressed in Task 5. The transportation impact fee requires a distinct technical approach which is described in Task 4.

Task 3.1: Facility Requirements and Costs
EPS will work with City staff to assemble the list of public facility and infrastructure requirements that will constitute the development impact fee improvement program for each of these fee categories. These individual improvement items will include those that are proposed to be funded, all or in part, by the different development impact fees. EPS will review relevant City capital facility planning documents, including the City’s CIP and existing facility master plans.

EPS will rely on City staff to coordinate all interviews with relevant department members to gain a comprehensive understanding of the current and future public facility needs. EPS will attend any department interviews virtually. Improvements will include public safety facilities (e.g., police and fire protection facilities and equipment), cultural/ recreation facilities (e.g., parks, recreation, and cultural facilities), and City administrative facilities (e.g., City Hall).

EPS will review the City’s capital facilities needs and identify which facilities can be included in the development impact fee improvement program from a Mitigation Fee Act/ nexus standpoint.

Special attention will be paid to assure that cost estimates include all appropriate items, including land acquisition, design and engineering, construction, program administration, and other relevant costs.

Task 3.2: Cost Allocation and Fee Calculation
EPS will prepare the nexus-based cost allocation necessary to develop a preliminary development impact fee schedule for review by City staff. As a part of this effort, EPS will first allocate the development impact fee program costs to new and existing development. Specifically, EPS will review each capital project developed in Task 3.1 to determine whether the entire cost or a reasonable portion thereof can be proportionately allocated to new growth. The costs for projects that clearly serve both existing and new development will be allocated based on the proportion of Item #7.8.

Calistoga Development Impact Fee Program Update
November 9, 2022
Economic & Planning Systems, Inc. 4 Z:\Shared\Proposals\Oakland\211000s\211041Calistoga\211041EPSProposal11.09.22_revised.docx the demand generated by each. EPS will pay special attention to ensure that facility needs and costs associated with existing deficiencies in service levels are not included in the proposed fees.

EPS will then allocate the development impact fee improvement program costs to the land use categories defined in Task 2. This allocation will be based on the relative contribution of each land use type to the demand for the related Improvement Program cost category. Based upon the cost allocation, EPS will prepare a preliminary fee schedule with the total costs attributable to the projected development of each land use type. The fee for each land use will be derived by dividing the relative capital facility costs by the projected development in that land use category.

The sum total of the fees for each land use category would become the total AB 1600 fee burden for each land use. EPS will summarize the fees by improvement type and land use for the City’s review.

Task 4: Transportation Impact Fee
W-Trans will develop an updated transportation impact fee. The transportation impact fee update will build off the prior work conducted in the 2014 study with adjustments for future developmental potential and any updates to the planned future transportation infrastructure improvements. The detailed W-Trans scope of work provided in Appendix A provides a more complete description of the proposed technical work.

Task 5: AB 602 Compliance
Components of AB 602 went into effect on January 1st, 2022, with others coming into effect on July 1st, 2022. AB 602 requires that jurisdictions identify the capital improvements projects that the updated fee revenues will support along with any changes in service standards. These issues will be addressed as part of the technical tasks for each capital improvement in the preceding tasks. The new July 1st, 2022, change requires that impact fees on new residential development are made proportional to new unit sizes or, alternatively, explains why that is not possible.

In this task, EPS will develop options for converting the average fees developed in the prior tasks into fees that vary with unit size. EPS will discuss these options with City staff, including the City Attorney/ Counsel, to determine the preferred approach(es) for the different fee categories.

Because this is a new State requirement, there is not an established best approach for developing fees in this manner so additional analysis and strategic discussion is required.

Task 6: Technical Reports
EPS and W-Trans will prepare technical reports. All updated development fee calculations will be summarized in the Impact Fee Technical Report. W-Trans will prepare the transportation impact fee section of the technical report (and subsequent revisions). The Technical Report will document the assumptions and methodology and will establish the required nexus for the recommended fees. It will also indicate how the approach complies with AB 602. Initially, the Consultant Team will prepare a first draft Impact Fee Report for City staff review. Subject to one round of consolidated comments, the Consultant Team will then prepare a Public Review Draft.

Task 7: Meetings and Presentations
EPS will conduct briefings for key staff members at critical points in the update process. The scope reflects EPS participation in up to two (2) virtual public meetings or presentations to Item #7.8.

Calistoga Development Impact Fee Program Update
November 9, 2022
Economic & Planning Systems, Inc. 5 Z:\Shared\Proposals\Oakland\211000s\211041Calistoga\211041EPSProposal11.09.22_revised.docx stakeholders and to the City Council. The budget estimate provided herein also includes two sets of face-to-face meetings between EPS and City staff as well as periodic virtual check-ins. The WTrans budget estimate includes attendance by the W-Trans project manager at two public meetings. The project timeline and cost estimate are addressed in more detail in subsequent sections.

Task 8: Final Impact Fee Report
At the end of the update process, EPS will combine all input received to date to prepare an administrative draft of the Final Impact Fee Report for staff review. The document will include an executive summary, overview of the update process, summary explanation of the fee methodology, a schedule of updated impact fees for each program, and an improvements database with costs included in each individual fee program. Once a final review is completed by City staff, EPS will produce the Final Impact Fee Report.

Item #7.8.

OAK #4823-2508-6159 v2

EXHIBIT B
Compensation
CITY shall pay CONSULTANT for the Services on a cost reimbursement basis, up to the Cost Ceiling (as defined in Section 2.1 of the Agreement). CONSULTANT agrees to use appropriate methods to contain its fees and costs under this Agreement. Compensation shall include only the following costs, which shall all count toward the Cost Ceiling:

1. Direct Labor
Direct labor costs shall be the total number of hours worked on the job by each employee times the agreed hourly rate for such employee's labor as set forth on the attached Exhibit B-1.

2. Subconsultant Costs
Subconsultant services shall be billed at cost plus a 10 percent markup. CONSULTANT shall provide a copy of each subconsultant's invoice for which it seeks payment from CITY with any invoice in which such payment is requested.

3. Other Direct Costs
The following categories of costs are eligible for reimbursement, which shall be made at the actual cost to CONSULTANT without any additional mark-up:
a. Reasonable living and traveling expenses of employees when away from home office on business in its prosecution of the Services. CONSULTANT must have prior approval of CITY to be reimbursed for these expenses.
b. Automobile expenses for personal vehicle use, if necessary, at the IRS approved mileage rate.
c. Reproduction of drawings and specifications by CONSULTANT as required under this Agreement, at rates prevailing in this community for bulk reproduction or at other reasonable rates approved by CITY.
d. Special overnight delivery or messenger services.

Payments to CONSULTANT for reimbursable costs/expenses will be made only after the specific costs/expenses have been incurred and CONSULTANT has submitted substantiating documentation, such as copies of paid invoices or other documentation confirming that such costs/expenses have been incurred.

Item #7.8.

Economic & Planning Systems, Inc. 7 Z:\Shared\Proposals\Oakland\211000s\211041Calistoga\211041EPSProposal11.09.22_revised.docx Table 1 Proposed Budget
EXHIBIT B-1
Item #7.8.