Calistoga City Council
June 20, 2023

Mayor
Donald Williams
Vice Mayor
Irais Lopez-Ortega
Councilmembers
Lisa M. Gift
Scott Cooper
Kevin Eisenberg
AGENDA
City Council
Tuesday, June 20, 2023 - 6:00 PM

Amended 6/15/23
Below is information on how the public may observe and participate in the meeting. The City recognizes that not all residents have the same ways to stay engaged, so several alternatives are offered.

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

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

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

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

4. Watch online via YouTube Live at youtube.com/cityofcalistoga

5. In Person - Calistoga Community Center 1307 Washington Street COMMENT ON THIS MATTER DURING THE MEETING: Please participate in the meeting by providing public comment on any item on the agenda or any item of municipal concern. To comment during a virtual meeting (Zoom), click the "Raise Your Hand" button to request to speak when Public Comment is being taken on the Agenda item. You will be unmuted when it is your turn to make your comment for up to 3 minutes. After allotted time, you will be re-muted. Instructions for how to "Raise Your Hand" are available at:
https://support.zoom.us/hc/en-us/articles/205566129-Raise-Hand-In-Webinar.

WRITTEN COMMENTS: Alternatively, you may provide public comment on any item on the agenda or any item of municipal concern via email. Please submit your comment, limited to 350 words or less, via email to [email protected]. Written public comments submitted by email should clearly indicate the Agenda Item No. or specify “Oral Communications” in the Subject Line for items not on the agenda and are requested to include the submitter’s full name. Comments received by 2:00 p.m. on the day of the meeting will be posted online with the agenda packet and included in the record but will not be read aloud. Comments received after 2:00 p.m. will be made part of the written record but will not be read verbally at the meeting. 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.

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

PATRIOTIC ACTIVITY

2. REPORT FROM CLOSED SESSIONS

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

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

3.1. Public Comment 6.20.23 1 5

3.2. Public Comment 6.20.23 2 6

4. ADOPTION OF MEETING AGENDA

5. CITY MANAGER’S REPORT

6. PROCLAMATIONS/PRESENTATIONS/ AWARDS

6.1. Recognition of Fire Chief Campbell's Retirement

7. CONSENT CALENDAR

7.1. Consider authorizing the City Manager to execute a Funding Agreement with Napa County to complete pavement repair on Silverado Trail within the city limits.

Recommended Action:

Authorize the City Manager to execute the Funding Agreement.

Staff Report - Napa County Funding Agreement to Pave Silverado Trail within City Limits - Pdf
7 - 17

7.2. Awarding the Business Economic Diversification Grant Recommended Action: Consider Awarding the Business Economic Diversification Grant
Staff Report - Awarding Business Economic Diversification Grant - Pdf 18 - 27

7.3. Consider adopting a Resolution authorizing the contract with O' Connor & Company, CPA's to complete the Fiscal Year end June 30, 2022 audit.

Recommended Action:

Adopt a Resolution authorizing the contract with O' Connor & Company, CPA's to complete the Fiscal Year end June 30, 2022 audit.

Staff Report - Audit Services Contract for June 30, 2022, Annual Comprehensive Financial Report (ACFR) - Pdf
28 - 49

8. PUBLIC HEARING

8.1. Determination of Public Convenience and Necessity (PCN) for a motorcycle sidecar tour service business in the City of Calistoga Recommended Action:
1) Conduct a public hearing
2) Consider adopting a Resolution approving the PCN authorizing a a motorcycle sidecar tour service business
Staff Report - Motorcycle Sidecar Tour Service - Pdf
50 - 55

8.2. "Safe Firearm Storage" ordinance, adding section 8.06.040 to the Calistoga Municipal Code Chapter 8.06, Health & Safety: Firearms Recommended Action:

Consider adopting a Resolution introducing a Safe Firearm Ordinance Staff Report - Safe Firearm Storage Ordinance - Pdf
56 - 64

8.3. Continued public hearing to consider adoption of resolution amending the book of fees for various regulatory activities, products, and services.

Recommended Action: The City Council:
65 - 94

1.Continue conducting a public hearing from June 6; and

2.Consider adoption of a resolution amending the Book of Fees for various regulatory activities, products, and services, including updated security alarm fees.

Staff Report - Book of Fee Update - Pdf

8.4. This item is the adoption of a Mitigated Negative Declaration and the 2023-2031 Housing Element Update to the City’s General Plan and direction to staff to submit to the California Department of Housing and Community Development (HCD). This item has been continued to the July 18, 2023 regular meeting.

8.5. Fiscal Year 2023-24 Budget and Annual Appropriations Limit Recommended Action:

1. Adopt the attached resolution for the City of Calistoga Fiscal Year 2023- 24 Budget

2. Adopt the attached resolution for the Annual Appropriations Limit for the Fiscal Year 2023-24
Staff Report - ADOPTION OF THE FISCAL YEAR 2023-24 BUDGET AND ANNUAL APPROPRIATIONS LIMIT - Pdf
95 - 322

9. GENERAL GOVERNMENT

9.1. Consider adopting a Resolution awarding Fiscal Year 2023-24 Community Enrichment Grants.

Recommended Action: Consider Adopting Resolution
Staff Report - Community Enrichment Grants for Fiscal Year 2023-24 - Pdf
323 - 328

10. COUNCIL REPORTS

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

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

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

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

POSTING: I declare a copy of this agenda was posted at City Hall, 1232 Washington Street, Calistoga, among other locations in the city limits of Calistoga, on June 15, 2023, by 4:30 p.m.

Yudiana Galvan, Interim City Clerk

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Distributedon Marni Rittburg
From: ga bla <
_ > Sent: Tuesday, June 6, 2023 1:19 PM
To: PublicComment
Subject: for this evening's public comment please re: fairgrounds CAUTION:This email originated from outside of the organization. Do not clicklinks or open attachments unless you recognize the sender and know the content is safe.

Dear Mayor and CouncilPersons:

In attempting to follow the bouncing ball, I am having dif?culty ?nding a path to the logic regarding what I read/hearregarding the purchase of the Napa County Fairgrounds.

What hung up the purchase that came before the public was not whether the fairgrounds should be bought, it was the ?nancial package voters were asked to support. Almost without exception, most were in favor the purchase. That is too often lost in the conversation.

The City of Calistoga was not the purchaser. The property owners within the city limits would have been the purchasers. We citizens buy ~ the City would then tell us why and how they were going to manage OURproperty. Problematicfor many of us.

Next, what difference does it make what the county does with the proceeds of the sale of the fairgrounds? It is their right to do whatever they feel appropriate. Their money. Their application.

If the issue comes down to the current value of the property, and one of the arguments against the original ?nancial deal that failed was because the county allowed the property to become derelict ~ THATis a separate issue and valid bargaining chip.

Then comesthe subject of the $30,000/year the County tell us they are spending to keep up the property. Lookat the property. Can that claim be justi?ed? Since we lookto the City for leadership, please do whatever necessary to keep us ‘on topic.‘ Thank you,
Jeri Hansen
Item #3.1.

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Marni Rittburg
From: gerry turgeon « Sent: Friday,June 9, 2023 2:27 PM To: PublicComment
Subject: General: re — Parklets on Lincoln
Dear Mayor Williams &Esteemed Council Members, I'm responding to an article I read in the Calistoga Tribune about whether to preserve/keep the parklets along Lincoln Ave. These are my thoughts/comments/concerns + my hope is that you'll take them into consideration as the dialog about their disposition continues. I am in favor of the parklets. I enjoy dining al fresco downtown and I'm certain others do too. Ifeel strongly that the full effort and costs to maintain the parklets fall entirely on the businesses that benefit from them. I also feel strongly that there be high standards, as prescribed by the City, to the degree they be maintained and those expectations/standards/conditions be clearly upheld to assure that they are presented in a manner that is truly beneficial to the overall enhancement of downtown. I believe that for the most part they looked pretty good when they were newly installed but their condition has been less than consistent. V\?thout going into detail my observations over time have been that in some cases plants/landscaping has not been maintained and some has even died due to lack of care &not been replaced. I've seen foodwares, plates, napkins, glasses, cups, and food, sit unattended for hours on tabletops, sometimes carried away by the wind littering the sidewalks/streets downtown. The furnishings (tables/chairs) are not consistently maintained as well as the cleanliness of the ground around the seating. Some of the chairs &tables are sub-standard and may not comply with accessibility standards. I read on social media that some have experienced vermin in the parklets but that has not been my experience. It only makes sense to me that the condition of a parklet outside a given business is a direct reflection of the quality of that business and its integrity. If a business is unable to present a parklet that is compliant with established (high) standards then they should lose the privilege of using the parklet. Ifthe City has expenses associated with the parklets it only makes sense that they should be passed directly to the associated businesses. Examples of these might include maintenance due to neglect, pressure washing, lighting, &response to complaints that go untended. I believe the City should establish clear standards for the parklets spelling out all respective conditions for preserving the parklets and that the City have a contract with each business that subscribes to their use. Chamber of commerce buy-in is essential. The key governing words should be compliant &consistent so we can count on continually putting our best foot fonrvard.

Thank You & Regards,
This email originated from outside of the organization. Do not click links or open attachments unless you recognize the and know the content is safe.

CAUTION:

Create Hope in the World
Gerry Turgeon,
Item #3.2.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Hamid Heidary, Senior Civil Engineer
Meeting: City Council - Jun 20 2023
Subject: Napa County Funding Agreement to Pave Silverado Trail within City Limits DESCRIPTION:

Consider authorizing the City Manager to execute a Funding Agreement with Napa County to complete pavement repair on Silverado Trail within the city limits.

RECOMMENDATION:

Authorize the City Manager to execute the Funding Agreement.

BACKGROUND/SUMMARY:

The County is constructing pavement improvements along a portion of Silverado Trail (Trail) from Larkmead Lane to Lincoln Avenue. The City of Calistoga owns a small segment of the Trail between these limits. The right-of-way (ROW) Calistoga owns is approximately 2,300 lineal feet, just south of Rosedale Road intersection. The county project was not going to improve the city segment as they do not own this portion of the Trail. As a result, city staff requested the county include Calistoga’s segment in their design and construction improvements. The county would be amenable if Calistoga paid for their segment.

As a result, the attached funding agreement was prepared by the county and reviewed by the city’s attorney to reimburse them for Calistoga’s segment.

Partnering with the county on this project provides the following benefits:
• Reduces the city’s project cost by 35% to 40% less than a standalone city project. • Avoids public confusion of having an unimproved section within the project limits. • Demonstrates positive city/county partnering and coordination between the agencies.

The city section is in poor condition and currently has a pavement condition index, (PCI) of 24 out of 100, and is a critical arterial road that receives high traffic volumes and will benefit a substantial portion of residents.

The county has completed designs for the road improvements and advertised the project for bid this past May. The county plans to open bids on June 15, 2023, and award the contract on June 27, 2023. The county is requesting Calistoga finalize the agreement prior to their award.

Staff are recommending the Council authorize the City Manager to sign a funding agreement with the County.

Item #7.1.

CEQA STATUS:

The project was determined by the County to be Categorically Exempt per Section 15301 Class 1- Existing Facilities and Section 15302 Class 2-Replacement or Reconstruction. A Notice of Exception was filed by the County on May 24, 2023.

FINANCIAL IMPACT:

The total project cost is estimated to be $984,000 and is included in FY23/24 funds for Pavement and Maintenance CIP Budget, (Account #01-5402-4905-4915). The total amount available in the Pavement and Maintenance budget is $2,900,000 and the estimated project costs of $984,000 are well within budget.

The estimated cost of $984,000 includes the following:
• Engineers’ construction cost estimate - $727,500
• Engineering (design) - $80,000 (11%+/-)
• Construction Contingency/Management - $87,000 (12%)
• Bid contingency - $89,500, 10% higher if the low bid exceeds engineers estimate.

The staff report was prepared on June 8, 2023, ahead of the bid opening on June 15, 2023, which will confirm amounts. The intention when the report was written is that it does not exceed the above estimates.

ATTACHMENT(S):

1. Draft Funding Agreement - Napa County
Item #7.1.

PL Doc No. 90926 Page 1 of 9
NAPA COUNTY AGREEMENT NO. ________

AGREEMENT BETWEEN CITY OF CALISTOGA AND NAPA COUNTY

REGARDING THE PAVEMENT WORK WITHIN THE CALISTOGA CITY LIMITS

FOR THE SILVERADO TRAIL, PETRIFIED FOREST ROAD, WHITEHALL LANE PAVEMENT REPAIR PROJECT (RDS 23-13)
This Agreement (“Agreement”) is entered into and effective as of __________________, 2023, by and between Napa County, a political subdivision of the state of California (“COUNTY”) and the City of Calistoga, a municipal corporation (“CITY”) (each a “Party” and collectively, the “Parties”).

RECITALS
WHEREAS, COUNTY plans to construct roadway improvements, including, but not limited to, paving repairs and related curb and utility adjustments for the new pavement for the Silverado Trial, Petrified Forest Road, Whitehall Lane Pavement Repair Project (RDS 23-13) (the “COUNTY PROJECT”), as described in the COUNTY’s contracting documents, attached hereto as Exhibit “A” and made a part hereof; and
WHEREAS, as described in the COUNTY PROJECT bid list Group: City of Calistoga work, items 2.01-2.21 (“BID GROUP 2”) contained in Exhibit “A”, attached hereto and incorporated herein by this reference, the COUNTY PROJECT will require pavement improvement work partially in the CITY’s right of way, including work performed by COUNTY staff and its on-call consultant Miller Pacific Engineering Group engineering, testing, and inspections (“WORK”); and
WHEREAS, CITY has agreed to reimburse COUNTY for costs of the WORK; and WHEREAS, the COUNTY will contract with a contractor to perform the WORK (“CONTRACTOR”), and the COUNTY shall select and contract with such CONTRACTOR in accordance with all applicable public contract laws, including prevailing wage requirements; and WHEREAS, the COUNTY’s Board of Supervisors has approved the design of the reconstruction relating to the COUNTY PROJECT including the WORK; and WHEREAS, the Parties wish to memorialize the terms and conditions of CITY’s agreement to reimburse COUNTY for costs associated with the WORK described in the BID GROUP 2in Exhibit “A”.

TERMS
NOW, THEREFORE, COUNTY and CITY, for the mutual consideration described herein, agree as follows:

ATTACHMENT 1
Item #7.1.

PL Doc No. 90926 Page 2 of 9

1. Scope of Work Subject to Cost Sharing. COUNTY shall cause its CONTRACTOR to perform all WORK within the City of Calistoga, as described in the BID GROUP 2 in Exhibit “A”.

2. Construction of the Project.

A. Procurement. COUNTY will conduct and be responsible for the procurement of all contracts associated with the construction of the WORK, including selecting and awarding the contract to the lowest responsive and responsible bidder for construction.

B. Construction Management and Inspection. All Parties shall be allowed access to the WORK area, subject to traffic controls and safety precautions during construction of the WORK for inspections during the progress of the WORK. COUNTY and CITY shall coordinate a mutually acceptable date and time for joint inspections and provided, further, that COUNTY shall be responsible for all construction management oversight of the WORK.

C. Notice of Completion. COUNTY shall ensure that CITY’s personal property is reasonably protected in place and operational (to the extent that COUNTY has control over such personal property) through the course of the WORK, ordinary wear and tear resulting from the WORK excepted. Prior to COUNTY accepting the work of the selected construction CONTRACTOR and/or filing a Notice of Completion, COUNTY shall allow the CITY fifteen (15) business days to inspect all WORK performed by CONTRACTOR. COUNTY shall not accept the CONTRACTOR’s work and file the Notice of Completion for the work until the CITY has informed the COUNTY that it accepts the WORK performed by CONTRACTOR or the fifteen (15) business day CITY inspection period has expired. The CITY may reject the WORK for reasonable cause solely if the WORK does not materially conform with the description in the BID GROUP 2 in Exhibit “A”. In such case, the COUNTY will direct its CONTRACTOR to remediate any non-conforming WORK.

3. Project Cost, Payments, and Compensation,
A. Responsibility for Cost of WORK. CITY agrees to pay COUNTY for the actual cost of the WORK performed by COUNTY’s CONTRACTOR, including the materials and labor costs for the WORK, in accordance with the terms of this Agreement and as described in the BID GROUP 2 in Exhibit “A”. City also agrees to pay County the actual cost of testing and inspections of the WORK. This Agreement requires the CITY to pay the expenses as defined above in accordance with the maximums and procedures in this Section 3. The WORK Scope is estimated to cost the amount set forth below (“Estimated Cost”):
$727,500 estimated CONTRACTOR Bid Amount
Item #7.1.

PL Doc No. 90926 Page 3 of 9
$87,000 Contingency for change orders (12% of estimated CONTRACTOR Bid Amount)
$80,000 estimated Napa County Staff and Consultant Testing, Inspections, Engineering (11% of estimated CONTRACTOR Bid Amount)
$894,500 Total
B. Payment Upon Invoice. In accordance with Section 3(A) herein, CITY shall reimburse COUNTY within sixty (60) calendar days of CITY’s receipt of an invoice from COUNTY for the WORK, except that the final payment shall not occur prior to the issuance of a Notice of Completion for the WORK. COUNTY shall present invoices no more frequently than monthly and include the CONTRACTOR’s progress pay estimate for the WORK.

4. Ownership, Maintenance and Operation of the Project.

A. Ownership of the Project. Prior to COUNTY accepting the WORK of CONTRACTOR and/or filing a Notice of Completion, COUNTY shall address any close-out issues reasonably identified by CITY that is consistent with the description of the WORK set forth in BID GROUP 2 in Exhibit “A” and once addressed, COUNTY shall request CITY accept the improvements.

B. Operation of the Project. Upon completion of the WORK, the existing Right-of-Way CITY and COUNTY boundary limits shall endure.

5. Access to Records / Document Retention. COUNTY will maintain documents relating to the WORK, including construction drawings and other information regarding the construction, for a period of no less than five (5) years following completion of the WORK, and provide all design and construction documents to CITY in electronic format. Financial records associated with the WORK, including payables records, receivable records and grants receivable records, shall be maintained by the Party owning such records for a period of no less than five (5) fiscal years after the completion of the WORK. CITY or the duly authorized representatives of CITY, shall have access to any books, documents, papers and records of COUNTY which are directly pertinent to the subject matter of this Agreement for the purpose of making audit, examination, excerpts and transcriptions.

6. Term of this Agreement. The term of this Agreement shall commence on the date first above written and shall continue in effect until the later of the date when all payments in Paragraph 3(A) have been made to COUNTY or ninety (90) days after the Notice of Completion is filed, unless earlier terminated pursuant to Section 18; except that the obligations of the PARTIES under Paragraphs 5 (Access to Records / Document Retention), 7 (Insurance) and 8 (Indemnification) shall continue in full force and effect after said expiration date or early termination in relation to acts or omissions occurring prior to such dates during the term of this Agreement.

Item #7.1.

PL Doc No. 90926 Page 4 of 9

7. Insurance. The COUNTY shall cause the CONTRACTOR to obtain and maintain in full force and effect throughout the term of this Agreement, the following insurance coverage and shall provide evidence of such coverage to the CITY upon request:

A. Workers’ Compensation Insurance. Workers’ compensation insurance for the performance of any of duties under this Agreement, including but not limited to, coverage for workers’ compensation and employer’s liability and a waiver of subrogation.

B. Liability Insurance.
(1) General Liability. Commercial or comprehensive general liability insurance coverage (personal injury and property damage) of not less than TWO MILLION DOLLARS ($2,000,000) combined single limit per occurrence, either issued by a company admitted to do business in the State of California and having an A.M. Best Rating of no less than A:VII or by self-insurance satisfactory to other Party’s risk manager or employee designated by that Party to perform such function, or by a combination thereof, covering liability for any personal injury, including death, to any person and/or damage to the property of any person arising from the acts or omissions of that Party under this Agreement. If the coverage includes an aggregate limit, the aggregate limit shall be no less than twice the per occurrence limit.
(2) Comprehensive Automobile Liability Insurance. A comprehensive automobile liability insurance policy (Bodily Injury and Property Damage) on owned, hired, leased and non-owned vehicles used in conjunction with that PARTY’s activities under this Agreement of not less than ONE MILLION DOLLARS ($1,000,000) combined single limit per occurrence. If the coverage includes an aggregate limit, the aggregate limit shall be no less than twice the per occurrence limit.

C. Certificates of Coverage. Insurance coverages referenced in 7(B), above, shall be evidenced by one or more certificates of coverage or, by other evidence of coverage acceptable to COUNTY’s Risk Manager, which shall be available upon request. (1) The certificate(s) or other evidence of coverage provided by the CONTRACTOR shall reference this Agreement by the COUNTY or CITY number or title and department; shall be kept current during the term of this Agreement; shall provide that the COUNTY shall be given no less than thirty (30) days prior written notice of any non-renewal, cancellation, other termination, or material change, except that only ten (10) days prior written notice shall be required where the cause of nonrenewal or cancellation is non-payment of premium; and shall provide that the inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, the coverage afforded applying as though separate policies had been issued to each insured, but the inclusion of more than one insured shall not operate to increase the limits of the company’s liability.

Item #7.1.

PL Doc No. 90926 Page 5 of 9
(2) Waiver of Subrogation and Additional Insured Endorsements. For the commercial general liability insurance coverage referenced in 7(B)(1) and, for the comprehensive automobile liability insurance coverage referenced in 7(B)(2) where the vehicles are covered by a commercial policy rather than a personal policy, the CONTRACTOR shall also file with the evidence of coverage an endorsement from the insurance provider naming the COUNTY and CITY, its officers, employees, agents and volunteers as additional insureds and waiving subrogation. For the Workers’ Compensation insurance coverage, the CONTRACTOR shall file with the evidence of coverage an endorsement waiving subrogation. (3) The certificate or other evidence of coverage shall provide that if the same policy applies to activities of a Party not covered by this Agreement, then the limits in the applicable certificate relating to the additional insured coverage of the other Party shall pertain only to liability for activities of the insured Party under this Agreement, and that the insurance provided is primary coverage with respect to any insurance or self-insurance programs maintained by the other Party. The additional insured endorsements for the general liability coverage shall use Insurance Services Office (ISO) Form No. CG 20 09 11 85 or CG 20 10 11 85, or equivalent, including (if used together) CG 2010 10 01 and CG 2037 10 01; but shall not use the following forms:

CG 20 10 10 93 or 03 94.
(4) Upon request, each Party shall provide, or arrange for the insurer to provide, to the other Party within thirty (30) days of the request, certified copies of the actual insurance policies or relevant portions thereof.

D. Inclusion in Subcontracts. COUNTY shall cause all contractors and subcontractors and any other entity or person who is involved in providing services under this Agreement to comply with the insurance requirements set forth in this Paragraph 7.

8. Indemnification.

A. By COUNTY. COUNTY shall defend, indemnify and hold harmless CITY and the officers, agents and employees of CITY from any claim, loss or liability including without limitation, those for personal injury (including death) or damage to property (collectively, “Liability”), arising out of or connected with COUNTY’s negligent performance or material breach of its obligations under this Agreement.

B. By CITY. CITY shall defend, indemnify and hold harmless COUNTY and the officers, agents and employees of COUNTY from any Liability, arising out of or connected with CITY’s negligent performance or material breach of its obligations under this Agreement.

C. Each Party shall notify the other Party immediately in writing of any claim or damage related to activities performed under this Agreement. The Parties shall cooperate with each other in the investigation and disposition of any claim arising out of the activities under this Agreement, provided that nothing shall require either Party to Item #7.1.

PL Doc No. 90926 Page 6 of 9
disclose any documents, records or communications that are protected under peer review privilege, attorney-client privilege, or attorney work product privilege.

9. Ongoing Duties and Responsibilities. In addition to the Parties’ duties and responsibilities as described in other sections of this Agreement, the Parties acknowledge and agree to perform the following on an ongoing basis until the WORK is completed:

A. Regular Staff Meetings. The respective staffs of COUNTY and CITY and their retained consultants or contractors, will meet as needed to address matters contained in this Agreement.

B. Commitment of Staff and Resources. COUNTY and CITY will each provide sufficient staff and/or resources to this process to efficiently meet the goals and tasks set forth in this Agreement.

10. Warranty of Legal Authority. Each Party warrants and covenants that it has the present legal authority to enter into this Agreement and to perform the acts required of it hereunder.

If any Party is found to lack the authority to perform the acts required of it hereunder or is prevented from performing the acts by a court of competent jurisdiction, this Agreement shall be void.

11. Severability. If any provision of this Agreement, or any portion thereof, is found by any court of competent jurisdiction to be unenforceable or invalid for any reason, such provision shall be severable and shall not in any way impair the enforceability of any other provision of this Agreement.

12. Attorneys’ Fees. In the event that either Party commences legal action of any kind or character to enforce the provisions of this Agreement or to obtain damages for breach thereof, the prevailing Party in such litigation shall be entitled to all costs and reasonable attorneys’ fees incurred in connection with such action.

13. No Waiver. The waiver by either Party of any breach or violation of any requirement of this Agreement shall not be deemed to be a waiver of any such breach in the future, or of the breach of any other requirement of this Agreement.

14. Notices. All notices required or authorized by this Agreement shall be in writing and shall be delivered in person or by deposit in the United States mail, by certified mail, postage prepaid, return receipt requested. Any mailed notice, demand, request, consent, approval or communication that either Party desires to give the other Party shall be addressed to the other Party at the address set forth below. Any notice sent by mail in the manner prescribed by this paragraph shall be deemed to have been received on the date noted on the return receipt or five days following the date of deposit, whichever is earlier. The Parties further agree to send supplemental notice by the email as identified below.

City of Calistoga:

Director of Public Works
Item #7.1.

PL Doc No. 90926 Page 7 of 9
414 Washington Street
Calistoga, CA 94515
Email: [email protected]; [email protected] Napa County:

Director of Public Works
1195 Third Street, Suite 101
Napa, CA 94559
Email: [email protected]; [email protected] Changes may be made to the addresses where notices are to be delivered by giving notice pursuant to this provision.

15. Entire Agreement. This Agreement, including any documents expressly incorporated by reference whether or not attached hereto, constitutes the entire agreement between the Parties relating to the subject of this Agreement and supersedes all previous agreements, promises, representations, understandings and negotiations, whether written or oral, among the Parties with respect to the subject matter hereof. amendment of this Agreement

16. Amendment / Modification. Except as specifically provided herein, this Agreement may be modified or amended only in writing. In particular, only CITY in the form of written authorization, may authorize extra and/or changed work if beyond the scope of the projected cost as described in 3.A above. Failure of COUNTY to secure such authorization in writing in advance of performing any of the extra or changed work shall constitute a waiver of any and all rights to adjustment in the contract price or contract time and no compensation shall be paid for such extra work.

17. Recitals Adopted. The Parties hereby agree to and adopt the Agreement recitals as portions of this Agreement.

18. Termination. The termination shall be effective upon the filing of a Notice of Completion for the pending WORK and CITY’s payment to COUNTY of any amounts owed by CITY hereunder. For purposes of this Section, “pending WORK” means any project that includes as part of its scope the WORK described in BID GROUP 2 in Exhibit “A” and has not yet filed a Notice of Completion for such project.

19. Governing Law, Jurisdiction, and Venue. The interpretation, validity, and enforcement of this Agreement will be governed and interpreted in accordance with the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement will be filed and heard in a court of competent jurisdiction in the County of Napa.

20. Counterparts. This Agreement may be executed in counterparts, each one of which is deemed an original, but all of which together constitute a single instrument. [Remainder of page intentionally left blank. Signature page follows.] Item #7.1.

PL Doc No. 90926 Page 8 of 9

21. Signatures. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the COUNTY and the CITY.

IN WITNESS WHEREOF, this AGREEMENT was executed by the PARTIES hereto as of the date first above written.

COUNTY:

NAPA COUNTY, a political subdivision of
the State of California
By:

BELIA RAMOS,
Chair of the Board of Supervisors

APPROVED AS TO FORM
Office of County Counsel
By: ___________________
Deputy County Counsel
Date:

APPROVED BY THE NAPA COUNTY

BOARD OF SUPERVISORS
Date:

Processed By:

Deputy Clerk of the Board
ATTEST: NEHA HOSKINS
Clerk of the Board of
Supervisors
By:

CITY OF CALISTOGA, a municipal corporation:

By: __________________________ Date: ____________________ Laura Snideman, City Manager
Attest:

By: _____________________________
Yudiana Galvan, Interim City Clerk
Approved as to form:

By: __________________________
Michelle Kenyon, City Attorney
Item #7.1.

PL Doc No. 90926 Page 9 of 9

EXHIBIT A

NAPA COUNTY BID DOCUMENTS
“Silverado Trail, Petrified Forest, Whitehall Lane Pavement Repair Project,” RDS 23-13

BID DOCUMENTS AVAILABLE BY REQUEST
[email protected]
707-942-2828
Item #7.1.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Yudiana Galvan, Interim City Clerk
Meeting: City Council - Jun 20 2023
Subject: Awarding Business Economic Diversification Grant DESCRIPTION:

Awarding the Business Economic Diversification Grant
RECOMMENDATION:

Consider Awarding the Business Economic Diversification Grant BACKGROUND/SUMMARY:

On April 5, 2022 the City Council established a Business Diversification Program charged with distributing funds to encourage a more diverse local economy. On March 21, 2023 the City modified the program criteria removing the applicant residency requirement. Council allocated up to $25,000 to fund this Program.

The criteria for awarding grants are as follows:
a) the applicant’s business must offer a product or service not otherwise readily available locally; b) the applicant must demonstrate need;
c) the applicant’s business must demonstrate promise of success.

ANALYSIS:

The City Council subcommittee (Mayor Williams and Councilmember Cooper) reviewed two applications and recommend awarding $7,062.47 for"Vine Ecology" on the basis of the information furnished in the attached application.

CEQA STATUS:

N/A
FINANCIAL IMPACT:

A total of $25,000 is in the current Fiscal Year 2022-23 budget. If this application is approved, approximately $17,937 would be available for future applications.

ATTACHMENT(S):

Reso Business Economic Div FY 23-24
Application - Vine Ecology 4.25.2023
Item #7.2.

APPROVAL(S):

Nitish Sharma Approved - Jun 13 2023
Laura Snideman, City Manager Approved - Jun 13 2023
Yudiana Galvan, Interim City Clerk Approved - Jun 13 2023 Item #7.2.

RESOLUTION NO. 2023-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA,

COUNTY OF NAPA, STATE OF CALIFORNIA, AWARDING BUSINESS

ECONOMIC DIVERSIFICATION GRANT TO VINE ECOLOGY
WHEREAS, the economic welfare of Calistoga is important to its residents; and
WHEREAS, a diversified economy enhances economic resilience during economically challenging times; and
WHEREAS, the City Council intends to support endeavors that diversify our economy; and
WHEREAS, the City Council has adopted Resolution No. 2022-027 authorizing the establishment of a Business Economic Diversification Program and subcommittee to organize the distribution of funds to encourage economic diversity in Calistoga; and
WHEREAS, City Council adopted the modified mid-year General Fund Operating Budget for Fiscal Year 2022-23 including up to $25,000 for the Business Economic Diversification Program; and
WHEREAS, applications for grant funding through the Business Economic Diversification Program have been received and reviewed by the appointed subcommittee Mayor Williams and Councilmember Cooper.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY approves a grant award not to exceed $7,062.47 to Vine Ecology on a reimbursement basis and subsequent to submittal of all required documentation and paperwork.

PASSED, APPROVED AND ADOPTED this 20th day of June 2023. I,

YUDIANA GALVAN, INTERIM 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:
____________________________
__________________________
Yudiana Galvan, Interim City Clerk Don Williams, Mayor
Item #7.2.

Item #7.2.

Item #7.2.

Item #7.2.

Item #7.2.

Item #7.2.

Item #7.2.

Item #7.2.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Nitish Sharma,
Meeting: City Council - Jun 20 2023
Subject: Audit Services Contract for June 30, 2022, Annual Comprehensive Financial Report (ACFR)
DESCRIPTION:

Consider adopting a Resolution authorizing the contract with O' Connor & Company, CPA's to complete the Fiscal Year end June 30, 2022 audit.

RECOMMENDATION:

Adopt a Resolution authorizing the contract with O' Connor & Company, CPA's to complete the Fiscal Year end June 30, 2022 audit.

BACKGROUND/SUMMARY:

The City operates the budget and accounting system on a fiscal year from July 1st to June 30th. The twelve months of financial transactions are then reported, in summary form, in an Annual Comprehensive Financial Report (ACFR). The report is required to comply with the generally accepted accounting principles (GAAP) and the reporting requirements of the Governmental Accounting Standards Board (GASB).

On March 5, 2013, the City Council hired R.J. Ricciardi, Inc. to conduct the annual audit of the City of Calistoga financial records. R.J. Ricciardi, Inc. changed ownership in 2022 to O’ Connor & Company, CPA’s. The annual agreed upon engagement for the audit services was $39,600 and an additional $8,000 has been requested to finish the financial statement preparation.

ANALYSIS:

In Fiscal Year 2022, the City of Calistoga had staff turnover and vacancies in the Administrative Services Department that caused the audit scope to increase and required the auditors to do substantial testing of the records. The additional testing and assistance with the compiling of the final audit report will result in additional costs that were not originally anticipated as part of the original agreement. The auditor presented to the City the amendment to the original contract to finish the audit. Staff discovered that the contract for the auditor under the old company (R.J. Ricciardi, Inc) had expired thereby necessitating the City to prepare a new contract for the audit services for the Fiscal Year 2022. The total contract amount is $47,600.

The audit is substantially complete, and the auditors are putting together the final documents. The new contract amendment will allow the audit to complete and the report to be issued.

CEQA STATUS:

None
Item #7.3.

FINANCIAL IMPACT:

Funds for the contract amendment will be paid from the General Fund. This new cost is within the budget appropriated in account number 01-4119-4414.

ATTACHMENT(S):

Attachment 1 Resolution Audit Contract 2023 O Connor CPA Consultant Contract- O'Connor and Company Fiscal Year 2022 APPROVAL(S):

Nitish Sharma Approved - Jun 14 2023
Laura Snideman, City Manager Approved - Jun 14 2023
Yudiana Galvan, Interim City Clerk Approved - Jun 14 2023 Item #7.3.

RESOLUTION NO. 2023-XX

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

NAPA, STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT NO. 1 WITH O’CONNOR CPA, FOR AUDIT SERVICES IN CONNECTION WITH THE JUNE 30, 2022 COMPREHENSIVE ANNUAL FINANCIAL REPORT Authorizing Amendment, No 1.

WHEREAS, the City operates a finance system according to generally accepted accounting principles that are codified by the National Governmental Accounting Standards Board (GASB); and WHEREAS, the City reconciles and closes the financial transactions as of June 30th of each year for the preceding twelve months;
WHEREAS, the City has the year end Annual Comprehensive Financial Report (ACFR) audited by a qualified independent audit firm;
WHEREAS, GASB has implemented new accounting and reporting standards which require significant changes to the accounting and reporting structures; WHEREAS, O’Connor CPA’s., has been performing auditing services for a number of years and is qualified to perform the audit, reporting and accounting services needed to conform to various GASB statements.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Calistoga authorizes the City Manager to execute the amendment no 1(additional $8,000) related to the additional scope of services being required to complete the audit for the Fiscal Year end June 30, 2022, with O’Connor CPA’s for an amount not to exceed $47,600.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Calistoga at a regular meeting held this 20th day June 2023 following vote:

AYES:

NOES:

ABSENT:

ABSTAIN/ABSENT:

ATTEST:
____________________________________ ________________________________

YUDIANA GALVAN, INTERIM CITY CLERK DONALD WILLIAMS, MAYOR Item #7.3.

ARTICLE 1 OF SERVICES
ExhibitA

AGREEMENT FOR CONSULTANT SERVICES
This Agreement for Consultant Services (the "Agreement") is made and entered into this 20th day of June, 2023 by and between THE CITY OF CALISTOGA, a municipal corporation (hereinafter referred to as "CITY") and O’Connor and Company [a sole proprietorship, partrzership, limited liability partnership, corporation, limited liability corporation] (hereinafter referred to as "CONSULTANT"). CITY and CONSULTANT may be referred to individually as “Party” and collectively as the “Parties.”

RECITALS
WHEREAS, CITY requires professional audit services in connection with the preparatio of an Annual Financial Report for the ?scal year ending June 30, 2022; n WHEREAS, CONSULTANT is quali?ed 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:
l.l.

1.2 1.3

1.4 — SCOPE
Scope of Work. CONSULTANT agrees to furnish the services set forth in , Scope of Work, which is attached hereto and incorporatedherein (the "Services").

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

Time is of the Essence. CONSULTANT agrees to diligently prosecute the Services. In the performance of this Agreement, time is of the essence.

Professional Competence. CONSULTANT represents that it has the professionalskills necessary to perform the Services and that it will perform the Services in a skillful and professional manner. CONSULTANT represents that it has all the necessary licenses to perform the Services and shall maintain them throughout the term of this Agreement.

CONSULTANT agrees that the Services shall be performed in the manner and according to the standards observed by a competent practitionerof the profession in which CONSULTANT is engaged, in the same or similar geographical area in which CONSULTANT practices its profession, and will prepare all work productsrequired by this Agreement in accordance with such standards. CITY and CONSULTANT agree that CONSULTANT is in responsible charge of the Services and CITY shall have no control over the method or means of performance of the Services. Acceptance by CITY of the Services does not operate as a release of CONSULTANT from professional responsibility for the Services performed.
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Item #7.3.

C0
ExhibitB

1.5. 1.6.

1.7. 1.8.

1.9. ARTICLE 2 -

2.1 2.2
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.

Con?dentiality. CONSULTANT agrees to maintain in con?dence and not disclose to any person, ?rm, governmental entity, or corporation,without CITY'S prior written consent, any trade secret or con?dential information, knowledge or data relating to the products, process, or operation of CITY. CONSULTANT further agrees to maintain in con?dence and not to disclose to any person, ?rm, 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.

Ownership of Material. Any reports and other material prepared by or on behalf of CONSULTANT under this Agreement (collectively, the "Documents") shall be and remain the property of CITY. All Documents not already provided to CITY shall be delivered to CITY on the date of termination of this Agreement for any reason. The Documents may be used by CITY and its agents, employees, representatives, and assigns, in whole or in part, or in modi?ed form, for all purposes CITY may deem appropriate without fL1rtheremployment of or payment of any compensationto CONSULTANT.

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, andCONSULTANT shall make such documents available for review and/or audit by CITY and CITY'S representativesat all reasonable times for at least four years after the termination of this Agreement or completion of the Services.

Testimony. CONSULTANT agrees to testify at CITY'S request if litigation is brought against CITY in connection with the Services. Unless the action is brought by CONSULTANT or is based upon CONSULTANT's negligence, CITY will compensate CONSULTANT for the preparation and the testimony at CONSULTANT's standard hourly rates.

MPENSATION
Compensation. Compensation for the Services shall be in accordance with , Compensation, attached hereto and incorporated herein. It is agreed that the compensation for the Services shall not exceed $47,600 ("Cost Ceiling").

Invoices. CONSULTANT shall submit monthly invoices in a form satisfactory to CITY on or before the tenth day of each month for Services provided during the preceding month. CONSULTANT shall submit time and cost records as necessary to substantiate performance of the Services. Within 35 days after receipt of each such invoice, CITY 4875-2853-0282vl
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CONT
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 veri?ed or corrected by CITY. No payment hereunder shall be construed as evidence of acceptance of any of CONSULTANT's work. CITY reserves the right to withhold payment from CONSULTANT on account of Services not performed satisfactorily, delays in CONSULTANT's performance of Services, or other defaults hereunder. CONSULTANT shall not stop or delay performance of the Services under this Agreement on account of payment disputes with CITY.

Status Reports. Together with each monthly invoice, CONSULTANT shall submit a status report detailing the amount expendedon 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.

Withholding. In lieu of holding retention, CITY shall withhold CONSULTANT's ?nal 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 3.2

3.3 3.4
ARTICLE 4 - DESIGNATED

4.1 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 July 31, 2023.

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

Final Payment. CONSULTANT shall be entitled to compensation for Services performed up to the time of such termination, it being understoodthat any payments are full compensation for the Services rendered under this Agreement.

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

ACTS
CITY Contact. CITY designates Nitish Sharma, its Finance Director (Interim), 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.
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EMNIFICA
CommercialAutomobileLiability Ins
ARTICLE 5 - IND

5.1 5.2

5.3 CONSULTANT Contact. CONSULTANT designates Michael O’ Connor 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.

TION AND INSURANCE
Indemni?cation. 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, ?nes, penalties, or judgments, arising out of or relating to the Services (collectively "Claims"), defend, indemnify, and hold harmless CITY, its Of?cials, of?cers, employees and agents (the "CITY Parties"), except to the extent the Claims are attributable to CITY Parties’ gross negligence or willful misconduct. CONSULTANT shall defend the CITY Parties as required by California Civil Code Section 2778, and with counsel reasonably acceptableto 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 de?ned in California Civil Code Section 2782.8(c), CONSULTANT shall indemnify, defend, and hold the Indemnitees harmless against Liability only to the extent such Liability arises out of, pertains to, or relates to CONSULTANT’s negligence, recklessness, or willful misconduct. In such an event, the cost to defend charged to CONSULTANT shall not exceed CONSULTANT’s proportionate percentage of fault.

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

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

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. urance. CommercialAutomobileLiability
Insurance providing bodily injury liability and property damage, to protect against all liability arising out of the use of any owned, leased, passenger or commercial automobile at a minimum amount of $1,000,000 combined single limit and $2,000,000 aggregate. Coverage shall apply to hired and non—ownedautos. 4875-2853-0282v1
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Commercial General Liability Insurance
ProfessionalLiability Insurance
Workers Compensation Insurance
Policy Terms
4875-2853-0282vl
. 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/completedoperations aggregate. The insurance shall cover all operationsincluding but not limited to the following: (1) premises, operations and mobile equipmentliability; (2) completedoperations and products liability; (3) contractual liability insuring the obligations assumed by CONSULTANT in this Agreement; (4) broad form property damage liability; (5) personal injury liability endorsement, including death; and (6) automobile bodily injury and property damage insurance, including all owned, hired and non-owned equipment. .ProfessionalLiability Insurance protecting
against liabilities arising out of or in connection with negligent acts, errors, or omissions of CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency in connection with this Agreement, at a minimum amount of $1,000,000 combined single limit coverage and $1,000,000 aggregate, on a "claims made basis" with a continuation of coverage extension for liabilities for two years from the date the Services are substantially complete. Such professional liability policiesshall include coverage for liability assumed by the CONSULTANT under this Agreement.
. 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.
. Concurrently with execution of this Agreement, CONSULTANT shall provide CITY with Certi?cates of Insurance evidencing that CONSULTANT has obtained or maintains the insurance required by this Section

5.3. The Certi?cates shall be on forms acceptable to CITY. CONSULTANT shall also furnish CITY with original endorsements with the following documentation:
0 Precluding cancellation or reduction in coverage before the expiration of thirty (30) days after CITY shall have received written noti?cation thereof from CONSULTANT by United States mail;
Providing that CONSULTANT's insurance shall apply separately to each insured against whom claim is made or suit is brought, and include a “separation of insureds” or “severability” clause which treats each insured separately, except with respect to the limits of the insurer's liability (crossliability endorsement); Excepting CONSULTANT’S professional liability insurance, naming CITY, its City Council, boards, commissions, committees, of?cers, employees and agents as additional insureds (“AdditionalInsureds”); 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, of?cers, employees and agents, and that any insurance or self-insurance maintainedby 5 OAK #4890-2776-373vl (Rev 9/2021)
Item #7.3.

ARTI NOTICES
CITY for itself, its City Council, boards, commissions, committees, of?cers, 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 speci?ed minimum insurance coverages requirements and/or limits shall be available to the Additiona l 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 speci?ed in this Agreement; or (b) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.

Material Breach. If CONSULTANT fails to maintain insurance coverage or provided insurance documentationwhich is required pursuant to this Agreement, it shall be deemed a material breach of this Agreement. CITY, at its sole option, may terminate this Agreement and obtain damages from CONSULTANT resulting from said breach. Alternatively, CITY may purchase the required insurance coverage, and without further notice to CONSULTANT, may deduct from sums due to CONSULTANT any premium costs advanced by CITY for such insurance. These remedies shall be in addition to any other remedies available to CITY.

All notices or other communicationsrequired or permittedhereunder shall be in writing, and shall be personally delivered or sent by facsimile or reputableovernight 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. Paci?c Time; or (4) if sent electronically, the date of delivery on the con?rmed 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 communicationsent. 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
CLE6-
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michae|@maocQa.com
MIS ,
If to CONSULTANT: Michael O’Connor
1101 Fifth Avenue, Suite 360
San Rafael, CA 94901
Email:

Phone: 415-827-8313
ARTICLE 7 -

7.1 Con?ict of Interest Prohibition. CITY and CONSULTANT will comply with the requirements of the CITY’s Con?ict of Interest Code adopted pursuant to California Government Code §87300 et seq., the Political Reform Act (California Government Code §8l000 et seq.), the regulations promulgated by the Fair Political Practices Commission (Title 2, §18l 10 et seq. of the California Code of Regulations), California Government Code §1090 et seq., and any other ethics laws applicable to the performance of the Services and/or this Agreement. CONSULTANT may be required to ?le 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 Con?ict of Interest Code. Form 700 forms are available from the CITY Clerk.

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

CONSULTANT agrees to cooperate fully with CITY and to provide any necessary and appropriateinformation requested by CITY or any authorized representativeconcerning potential con?icts of interest or prohibitions concerning CONSULTANT’s obligations pursuant to this Agreement.

CONSULTANT may not employ any CITY of?cial, of?cer or employee in the performance of the Services, nor may any of?cial, officer or employee of CITY have any ?nancial interest in this Agreement that would violate California Government Code §l090 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 of?cial of CITY. If CONSULTANT was an employee, agent, appointee, or of?cial 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 §l090 et seq., the entire Agreement is void and CONSULTANT will not be entitled to any compensationfor 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 understandsthat, in addition to the foregoing, penaltiesfor violating Government Code §1090 may include criminal prosecutionand disquali?cation from holding public of?ce in the State of California.

Any violation by CONSULTANT of the requirements of this provision will constitute a

CELLANEOUS
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7.2 7.3

7.4 7.5

7.6. 7.7

7.8 7.9
material breach of this Agreement, and the CITY reserves all its rights and remedies at law and equity concerning any such violations.

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’swork. A copy of the CITY indemnity and insurance provisions will be furnished to CONSULTANT’s subcontractors upon request.

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 modi?ed by an amendment in writing signed by each party.

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.

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.

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.

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.

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.

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 4875-2853-0282V1
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7.10. 7.11.

7.12. 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.

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 preparedjointly 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.

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.

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 bene?t of CITY. CITY shall be an express third-party bene?ciary 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]
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Date:

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

CITY OF CALISTOGA
Laura Snideman, City Manager

CONSULTANT
By Date: 6/13/2023
Michael O’Connor
By Date
Attest
By
Marni Rittburg, City Clerk
Approved As To Form
By:

Michelle Marchetta Kenyon, City Attorney
4875-2853-0282vl - 10 - OAK #4890-2776-373v1(Rev. 9/2021) Item #7.3.

EXHIBIT A
4875-2853-0282V1
Item #7.3.

M11
.l<C<CllAlRDll. IN€o
August 2, 2022
Ms. Gloria Leon, AdministrativeSccviccsDir
Cityof Calistoga
1232WasliingtonStreet
Clalistogga. CA 945.15
Dear. Ms, Leon:

Wc are pleasedto con?im our 1l11Cl3_ES.t:&11dil1g_; of liar:sg:o'l.c:<;isweareto psovidcCityof Calistoga,forthe c:..x1clecl_ l1.m§: 30, 2022.

Audit ?cope and Objectives
We will audit the ?nancial smteinciits of rhog<,).’\-';’2lL!1.I‘l1C;,I]f'r1l ziclivities,the l'J‘LlSi11€S5-.f}’pC ilctivili?si*3?%€l1H.1f4l%’" ?lildiand the aggregate remainingfundinf0_r:1T1a_?.or1, .i1n§l’ll.leCi4i§ClO$11£é2~‘i; whichcoll;-.ctiv<~=l3.—' connprisethelyasic ?nancial.St;-l!Ci1aél1TS of Cityof Calistogaas of and for the year _endecl_lnne31;),2022, Accountingstanclarclsgciieiiallyacceptedin the llnitec States of Axnerica l (GA.A.l'-’)provide for certniii required suppleznexltaryinformation (RS1),such as. managemcxt? s discussionand analysis (i\zID&A),to supplcrncntCity of Calistoga’sbasic ?nancial Statcrnents. Such informarioxl, althoughnot a part of the basic ?nancialStf‘.[t:1‘l‘i(:!,1i:€,lS'equir::dbythe G0\/Cfl1l’l1f1f1l':al Accounting;StandardsBoardwho considcrs it to be an essential part of ?mmcial reporifixlgfor placingthe basic ?nzmcialstzitemeiats in an appropriat opcrational,cconomic,or historicalcontext. As part of out (flig‘dgC11lBl‘llT,\VC willapplycertziinlimitedprocedures e to City of Ca1ist0ga’$RSI in accordance withauclitingstandarclsgenerallyaccepted in the United Statesof Arneiica(G ).

These limited proceduizcswillconsistof inquiriesof n1anagtmcntL'cgatd.ingthe methods of ptcplllllllgthe informatio and corznpaxzingthat information for consistency with managenien?stcsponses to our inquiries,the basic n f’mnnc~ ial statenmrits, and other knowledgewe Oi)if21l1‘1CCl duringour auditof the basic ?nancialstmiemsnts, \\'/‘:2willnot express an opinionor provide any assurance on the information lacczlusethe limittzl-:l proccdurcsdo not 13tovidcus withsufficien appropnateevidence t to express an opinion or provide any assurance, "l"l1efollowing RSI is requiredby GAAl~’and wil be subjected l to carton limitedprocedtues,but willnot be audited:

1. lvlzmagemenfsDiscussionand Aiialysis.

2. Statements of Revenues, Elxpeiidituresand Cilizxngeii in Fiiitd Balance.~ Budget and Actual-T for tln: General and Mali): Spatial Rcvcnut: Funds.

Propom'ouati:Shareof Net Peiisionl.iabi1.it)’C.-“x;s‘.~‘set).

Schedule of Cc>n‘L1ibulim1s.

Schedule of Cil?ilgcsin Net Otl1er~PoslEn1ploy~1nentBei1cF1ts liallility andlie-latcdRatios.

Scheduleof‘Contril'Jutioi1s~ (}'PE'l3s.
57‘S~":l‘-9°
We have also been engaged to report on supplcmerntaryinfonmition other than RSI that accoinparxiesthe City of Calistogms?nancialSi'.lll'.CU'1C,F.ll_I5. We willSl.1l,)]€Ct the following sixpplcinexitairy infonnation to the auditing];‘llf()Cé’t (.lL1i?€S, appliedin our auditof the ?riancialstatements and ccrtainadditioiialprocedures, includingc<:>i11p:ning and recollcilin such irlfbimationdirectlyto the underlyingaccounting llllifiother records used to prepare the ?nancial statements g or to the financialstaternents themselves, and other additional pmcecluresin élCCOl'Ci£!'1C’Cwith GAAS, and we willprovide an opinionon it in relation to the ?nancial statements as :1whole in 21report combinedwith our auditor'sreport on the financialstatcmsntsz
FIFTHAVENUE, sultei?éo Tl;2.L(415)457=1215 FAX(4l—5_)457=@735wwwj

1. Ccimbinin>~Fillziil?ialStatexncsats-. i£:)L_‘ C3m's:t;1:nc;:1£,a1_E" Item #7.3.

(her yuut
fairness 0
?nan sratcm
there is not
ys :15!
are to
am
ecial
mate
nrem are faidyp semed, lma rialtcs
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mremcnt xenizexis Misrxte including
fmercis ubsnmtisl clih od dividually
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ling
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aph when onsid ed in ma
Lmlurc ssurance and
rimiidxg 5I1lh'drJnI.r will
ions, c
he sag
nus fro fra
ate, hey Lml
on
the
M‘ Eff
?ucn
City of Calistoga
Pagc 2
In connection with our audit of the basic?nancial statements, we willread the following other information and consider whctltcr a material inconsistencyexists between the other information and the basic ?nancial statements, or the other information otherwise appears to be materially misstated. If, based on the work performed, we conclude that an uncorrectedmaterialmisstatement of the other information exists, we are requiredto describeit in our report.

1. IntroductorySection.

2. StatisticalSection.

Tlie objectives of our auditare to obtain reasonable‘il,S2ill1f2‘d1t;<i as to xvlietlicrthe ?nancialstatements as a \‘v‘l‘iQlt3 are free from materialmisstatement, whether due to Etailalor error; issiican aiitlitors report that includesour opinion about whc ?nancialst cuts re in all te pacts, in ty G ; l report the f the suppl ttar)-* m. d to its Cl1)':‘.l‘.'rlg.L' c at nonto cial cuts as 21whole. Reasonable assurance is a level of assurance but is not al a fore a guarantee that an audit conducterl in ace ice with GAAS and Goiemwarzz g alwa ect a mat miss wl ts. s i-ncnts, omiss an e ni ud r or and nsidercd riali a 5 lik 0 that, in or in t reg t w d in cc the iudgment of a reasonableuser made based on the ?nancialstatements.

The objectives also includereporting on intemal control over ?nancial reporting and compliancewith Plovisionsof laws, regulations, contracts, and award agrccmeiits, noncompliancewithwhich could have a materialeffect on the ?nancial statements in accorclancewith Gazer/2/21:3;/I A rig .S‘mrzdarz1'.t.

Auc1itor’s Responsibilities for the Audit of the Financial Statements We will conduct our audit in accordance with GA.-‘\Sand the standards For 'tinancialaudits containedin (.30/.»w‘/ m1aI;I1I
/-Elu Xrarzdartli‘,ssued by the CC)D"LI)lj1‘f)ll8I' General of the United States, and will inclucle tests of your accounting records of Cityof Calistogaand other procedureswe C()lls'l(lt!l,'l1CCt:SS:lt'yf() enable us to expresssuch opinions.As part of an auditin accordance with GAAS and Gattwwmit/121 rg.S'Ia/rdartls, we exerciseprofessionaljudgmentandmaintain professionalskepticismthroughout the audit.

We will evaluate the appropnateness of accounting policies used and the reasonableness of significant accounting estiinates made by management, We willalso evaluate the overallpt::;~Tent:ation of the Fuiancialstatemetits, includingthe disclosures, and determinewhetherthe ?nancialstatements represetit the iiiiderlyingtransactionsand even ts in a manner that acliievesfair presentation.We will plan and pcrfbntl the audit, to obtain reasonable assurance about wlietlicr the ?nancial statements are free of material misstatement, whether from errors, (2) fimidiilcnt ?nancial reporting , (3) misappropriationof assets, or (4) violations of laws or govenimental regulatioiisthat are attributable:to the govemment or to acts by nianagcment or employeesactingon behalf of the government. Because the determinationof waste and abuse is subjective,Gowmzzzeizt Amlé Szatidarzitdo not expect auditorsto perform speci?cproceduresto detect waste or abuse in ?nancial audits not do they expect auditorsto provide reasonable assurance of detectingwaste or ab use. Bccatisc of the inherentlimitationsof an audit,combinedwiththeinherentlimitationsof internalcontrol,il11 (llJt3Cill1S€ W6 Will not p<=L‘f0fm'11 Cletéiilcd exalnillatioxlof all transactioiis, there is an unavoidable risk that some material niisstatcmciits may not be detected by us, even tlmugh the audit is properly plzuinedand pt:rf0n‘m:din accordancewith CEAASand Gowrvwzerlr /la Starzdariii.In addition, an auditis not designed to detect immaterialmisstatementsor violations of laws or governmentalregulationsthat do not have a directand material effect on the fimmcialstatements.

However, we willinform the appropriatelevel of management of any material eirtms, fraudulent financialreporting, or inisappropriation of assets that cozncs to our attention. ‘3\V"ewillalso inform the approp date level()flY17l1l?J.g€fI11€i1[ of any violations of laws or govcrmnciltal reg,ulationstli:-.=.t Come to our attrmtion, unless clearly inconsequential. Out EeSpOI1S!lJIllt)'—" as auditorsis limitedto the period coveredbyour auditanddoes not exteiidto anylatcrpetiodsfor whic we are not engagedasauditois. h
We willalso conclude,based on the audit evidence obtained, wlicther there are conditions or events, considered in the ?ggr?gdfe. that raiseSubwmti?l doubt about the governmciitfsabilityto con?niicas a goingconcern for a reasonabl penod oftinie. e
Our proccdurm:will include tests of clocunicntaryevidence supportingthe t:ransa_ctions recordedin the accounts, tests of the pliysicalexistence of inventories, startdirectcon?rniationofreceivablesand certainassets andliabilitieb I.‘-
Item #7.3.

vide sis
cons rel
wa cccssury rcmlc
on control ucd 1)
resulting om Em highs
omission misrcp ration
opin However. lning
cont relatedmm is th
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ommdit \'lL'CS \v tundc.
pinion
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mi
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main
ancial
: cffecti
material
ass
the
conzmls aybe
detcc?izg uors
commaand, accordingly,no opinionwillbe cxprcsscdin our rcport ndla‘n_g‘Iumiar. The riskof nor detecting‘rlmaterialiiiimurancxxt fro I error, as fmudmay involve collusion,forgery, intcimonal ma cont .-\n audi not csigncd pmv d: a
mate wesikncs Acv ndmgly. willexp:
managtm lurgcd withgov max xnrcn
red under simmlsmnzlurdsiind Lem/n
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Emu fialstumours and '</luredmu.-s an th:
edgein rli manngcmcn ngpmcnmt let on
City of Calistoga

COI:I‘CSpOl‘ld€11C€ with selected etrisioniei-s, Cl‘C(iif(‘lL'-S,_ and fimincialin.stit11ti0ns-We will also request wntten L'Cpr(ISC?.t?il?iO1‘l$ from your attoisneys as part of the <sngagei1~1c11t.

OU1‘.auditof ?mmcialstatements does not relieveyou of your tes]'Joi1sibi1itics, Audit Procedurcs~——Internai Control
We willobtain an tindeirstandiiigof the government: and its environment, includinginternalcontrol relevant to the auizlif, sufficient to identifvand assess the risksof materialniiestatenicut of the Fuizlliciral statements, whetherCluet0 WTOI 01’ fraud, and to designand perform audit procedureste:3pr.m5iveto those risks and obtain evidence that is sufficient and apptopriate to pro 3 ba for out o Tests of m pe to test th vcn of L‘ controls that we idei: (':\'r’21.11l'to ning;and <3 an that are to ?n smtemeuts and to preventing and detecting 11'liS'.~‘.f6tt‘.111¢EI1T.i5 testiltisigfrom illegalacts and other noncompliance maitters that lnive 21 direct and mzitetialeffect. on the ?iiaiicizilst:-:tei:11e11.ts.Que tests, if perfomiccl, willbe lessin gzcopcTl}‘:. lI1
uld be n to L‘an 1110 11 mal l
inteEll?l iss ursu to /38 MIA. .5
fr ud is r. rlum ft 116 resulting in
s, rescn , or the trick:of inte 1 ml. t is d to i sstiednce on internal control or to identify signi?cantde?cienciesor rial sea. 0 we ess 110 such ions di the au we will con nicatc to out and those c e ice 12 11 ml tte at are uited to be mniuiiea AICP;-\ profes Go cm A Slaw/larrlx.

Audit P1'OC€Ci'lJ.T€S*"'COII1p1i21I1C&
part of obtainingreasonable assiiitaiiee about wliethet the ?naiicialstsitements are freeof materialmisstateuient,we will perform tests of City of Calistogfs complizuicewith the 1_:»tovisioi1sof applicablelaws, rcgtilaiions,contracts, agreements, and grants. I'i(I)\V6\T(‘.I', the olniectiveof out zniditwill not be to providetin opinion on overallcompliance and we will not expresssuch an opinion in our report on complianceissued ptirsmuit to Cam»/mwt .4/-/t1'z‘z‘/'/z,«g Sta/tdar./ la‘.

Other Services
We will also assist in preparing the financialstareulcuts and related notes of City of Clalislogain conformity \Vll'. l1 accountingpnnciplesgenerallyaccepted in the LliiitedStates of .A.-\.n1er.ica based on inf;oimatioi1ptovi.dedl3_vyou.

Tl1cse noiiauditservices do not constitute an audit under Givierrz/xzarzrxl/.1S/21/m’am'.r and such serviceswill not be conducted in zicco rdancewith GOIJx!f7I/fiéiff./;i ,l‘1ar/aim‘:/i‘. We willperforru the setvicesin accorclnncewith applicableptoFessir> i1al standards Tlie other scitvices are limited to the ?ntmcials1:2it<:n1entservicespreviouslydefined. We, in our sole professionaljudgment,reserve the rightto EQELISCto perforin any procedure ()1fl.?ll{Eany action that could be constmcd as assumingiiuaimgemeiit responsibilities.
\‘ e to all meat responsibilitairxsr;<:l::ti:1g; to the 2 tea 4 x and y 0 1' 11 set e‘ p You will be 1‘L‘k.|l!i,£L‘—Ll, to :iL:l<i..1.o\V1 c 1‘ 5 ion tel: t assistancewith p1’eparatiL)11 of the financialstatenients and telutegl notes and that you hzivereviewedand agmroveelthe Financialstatemciits and related notes prim‘to their issuzinee2'.1’.l&l l'1d\-'6acceptedrespo11sibilityfor them, l'*’uttl1ei', you agree to Oversee the nonauditservicesby clt:sigi1atiiig;m1 ll'lCll\>“i.Cl,l1l'll) preferalil-yfrom senior maiizigemeizt, with stiitzilz le skill, knowledge,or €.\'p€ti€I1Ce; evaluatethe adcqtiaryand res1.iltsof those services; and accept responsibilityfor them, Responsibilities of Management for the Financial Statements Our audit will be conducted on the basis that yet: eclmowlcdge and unclcrstanclyour re$pt;>nsil)i1i,tyfor d¢$ig11ill§;, implementing,establisliing,and iiiaiiiitaiiiiiig; effectiveinternalcontrols relevant to the preparationand fairp £ese.11._t2lt
_ion of financialstatements that are free ftom mzitenial nlissrztterncnt,whether due to fraudor ('.‘l”.fOl’_,and for evaltlaliiigand nlonitoting ongoing activities to help (:.'115ure that apptopritlft‘gozilsand -')l'Jjective.sare met; following laws and regulations;and ensuringthat m£Lr1;1gemcnt and ?nancialiiifomialionis I-cliableand properlytepottecl.i\»i:1i1agen1e_ntis also responsible f01’imple1'ner1ti:1g systems ciesigiiedto achievecompliancewith applicableliiws,tegulatioits,contracts, and grant agreements. \."i:>uare also responsiblefor the selection and applicationof accountigigpriiiciples,fog the prepara?ou and fair presentationof the ?nancial smtiznients and all accompimyinginformation in eonfonnity with accollntingprinciplesgenerallyacccpteclin the l,.:ni1:€dA-3E'<l[t:S i)fAn1c:iea', zmdfor compliamx\l’lfl1fé‘.g]j1["3lll32_ll) lC
iEl
\V.H‘
an
lTL‘:g'll1?l[i()11S and theprovisionsof couttacts andgrant agreements. d lCC.lAlRlDl., ili\IQi:';
Item #7.3.

Man emcn fr) afts F F: statcn1cn|s,nll ?nancial {€C€)r(l.\',and relatedlnfnrrnation hl\"rlllle to cm mpl cue at iuthnmuitin(includinginformationFromoutsideof the generaland subsi ary ledgers). You are also responsiblefor protcliug us with (1) access to all iufonnation of which you are aware that is relevant to the preparationand fair prescutanbn(if the ?nancialstatements, such as records, tlocumcnxation,identi?cationofall relatedpartiesand-allrelated-party relationshipsandtrmsactioils, andothermatters; (2)additionalinformation th at we may request for the purpose of the audit; and (3) unrestricted accessto persons within thegovernment from whomwe determineit necessary to obtain audit evidence. At the conclusionofout audit,we will require certain written tuptcsertrnlinns from you about your sibili for ?nan tnrcm its; omp ance d espo iliti quire GAA am Gm tram!
responsib include ad) Fmsu iatl ms to correct n teriulmisstatements and for con?rming the writte rcsentarion t the {fa uy uncorrected us atements aggregated by us during:
rgnget iuing huest iotl med are imma rial,hoth individuallyand in the aggregzi 5ll'lCllll each n unit en
You are responsiblefor the designandimplcnierrmdurr ofprograms undcontrolsto prevent and detectfraud,and For informingus about all known or suspectedfraud uffc lg the government involving (1) rrumagernent, (2) employees whohave sigii?cant roles in inrernnlcon trial,and (3) others when: the fraudcouldhavea mitten"-al effect on the ?nancial statements. Your respiinsihilidesincludeinfomungus of your knmvledgeof any allegationsof fraud or suspectedfraud Affectingthe goveminent receivedin communicationsfrom employees, Formcr cmployces, gmnkars, regulators,or others. In addition, you are responsible for identifying zmdensuring that the govemntent complies with applicablelaws, regulations,contra green-ue gnrnts an
noncompliatee wit visions egulatious agr
You are responsible for the prcpm-anonof the supplementary ation, whi luv bee ngagc art in conformity with accountingprinciplesgenerallyaccepted i lnited Sm Am rich 2\Al") gte includeour report on the supplemeuntryiufnnnntion in any on, the supplementaryinfnmialion. You also agree to includethe nuclitcdfinancialsratcrnenm with tiny ptrseruntiuuof the supplementary information that includes our re oi-t thereon on make the audited ?mmeinl stateniems readily availableto usersofthe supplentenmryinfornmurionu laterthan the date the supplementary informationis nzsuedwith our report thereon).Your responsibilitiesincludeitcknowledt-,ingto ' ‘n thewritten teprcseimtiortletter that(1) you are responsibleFor preseru-ationof rhi: supplementaryinfoen-unionin accordancewith GAAP; (2) you believethe supplementaryin?mnntion, includingits form and content, is Eairlypresented in nceutdan : with GAAP; (3) the methods of measurement or presentation have not changed from those used in the prior criod (or, if Lhcyltavt:
changed, for sucl lutnges);and you have aclosedto us any signi?cantnssum tions or interpretations underlvin rement presentation the suppl
lviauztgemc rcspon ihlc for uhl ring and ain int:a process for tracking the status of audit ?urliu;-5 and rccummen us. MM age:ten .11: respousi fa entifyingund providingreport copies of previousfinancial her studiesrelatedto the objectives discussedin theAudit Scope andOhiectivcssectionof thisletter ’l‘hi.trspon iilityinclurlesrelayingto us correctiveactionstakento addrerr signi?cant?ndings and recommendationsresultingfro rltosr:audits, attcstntloriengagerncnrs,perlomtzutce audits, or other studies. You are also responsible fr r providing ruuigemeiwsviews on our current ?ndings, concluiuons, and is, for the report, and RMthe timingand format forproviding Cityof Calistoggl

ag t is responsiblct : making Qlr o ?‘.g131xjEl_2tl
ah us and for thc a may and co ct ss of rh
Ec':3pO1'l ties the cial 5 er (,2 11
with laws, regulmjons,contracts, and grant agteetncmsg an other r nsib as re d by S I I? A/1rIz'fz'Ii_g Jtmzr/a;"(iJ‘.

Your ilities usting the 1:; statemc 1a T0
us in 11 rep letter tha :3 Cts of 21 ‘J llfé
current em n<:I1ta11Cl perm to the per pmsc to R,
to the ?n statements of opinio ml: as a whole.
cts, a ms, and d for taking timely and slpproptuxtesteps to remedy fraud and 1 h pro of lztws,r I or contracts ox:grant cements that we report inform ch we (2 n 6 clto step on,
n the 1 tea‘ of c (G . You a t: to document that contain5, and indicatesthat we have reported I?
0 r:
the reasons 1 c (4-) ch: 13
g themeasu or of en1enta1y infmmtition.
nt is 5 est isl m min
clario 1 1 t is o 131:: 2 id.
zmdits,attestation engagements, perfonnance audits or. ot sail m
3 m
tcr;omn1cndatious,as wall as yourpllmncdco rtectivt:actiox that information.

Engagement Administration, Fees, and Other
We nnayfrom time to time, and depending‘on the Cli‘CU1'1‘lSl‘£‘t1'1L'tZS, use tl1ird—pm*I:y servicep1‘()\~'iL‘lt?I‘S, in Sc?zingyour account. We nlay slmrc con?dentialitlfonhatiotxabout you with tlmae serviceprtavidcrs,but rcnmincgoxtlxnitted to maintainingthe confidentialityand securityofyouv:infomnatiott.Accordingly,we maintainintemal policies,proceclure s, and safeguards. to protect the con?dentialityof your personal inform-.1tion.In addition, we will secure. con?dentialit y
agvseernenrs with all serviceprovidersto rnaintztinthe con?dentiality of your information and we willtake reasonabl e precautionsto determine that they have approptiarcproceduresin place to prevcnt the um1L1thori'zeCl reeaseof your cotl?dtmtial nlfottnation to others.In the cvcmtlmt’we are um1l.)lc. to sez:1n':: gm :lpp1'rJpri'.1l'e C011f‘lClc*11ll?llTy o1g,ree1n«::11t ,
llCCl[AlRDl., lll\l<Cl.

Item #7.3.

dulh udir ?eld work.
area _ willdiscuss wit
:3 auditdocumenrntionR:
for any additionalperiod
xgagm
Cd.If
civablc,and oth cpar all econ
ndcmmnd that for est: rrhcr
Hbe on for a minimumof E
was m fcdemlawardingage
after
udilcc
dons
yces
on mlcasedam
tastingan audit
C-ity0F Calistogn

you will be asked to provide your consent. prior to the slutringof your con?dentialiiiforrnatioii with the t.hird—pitrtjv serviceprovider. l"tnrl1crn1orc.,we will rernairlrcspottsilllefor the work providedby any such tl11L‘d-partySCIIVICC providers.

We understand‘tl1'z'it}"0u1‘ employeeswillpr I; casl1,a nts rec er continua we request and will locate any clocuments selected by us t ng. liu , we it your cmplo will prepare till information we request in our Client ParticipationList in the format requestedand send it to us 30 daysprior to sche 1;; the a If you lmve insufficient personnelor time to prepare these items we can assist you in this and we h you the additionaltime requiredand estimatedfee for these services.

We will provide copiesof our reports to the City of Calistogr;l10'w‘cVer,nulnagement is responsiblefor rlisttibutionof the reports and the ?nancialsmeinents. l.lnl.essr=estrit.:tied l)}"l':1\\-‘i.'Jf l'..@§;l,11l':1l'l.(3l1. or c.o11taining‘privilegerl andcon?d_entla_l information, copies of our reports are to be made avztllahlcfor public inspection.

The audit doctuncntationfor this Cr1g¢1gCf1T1,(3l'lt is the property of R. _l.Ricciarcli,Inc. and constittttesc<>t1?cl. en'riztl information. However, subject to applicablelaws and re,g,t1lations, auditCl()CLlr11£i.Iit.’ll’l(.)1l and appropriateiridividualswil l be made availableupon request and in a timely manner to a federalagency0 Ifits designer. a federalagencyproviding direct or indirect funding,or the US. Govemment AccountabilityOffice for purposes of 21 qualityreviewofthe rluditt, to resolve audit findings,or to carry out CJVCES-2lgl‘1[ responsibilities.We willnotify you of any such request. If recuicstc d, access to such audit dt)ttt1mcntation will be pro\rldc.clunder the supervision of R. ‘j. Ricciardi, lnc. personnel. li'urthcrrnore_, upon request, we nasty provide copiesof selectedauditdocumentzitionto the aforementionedparties.The parties may intend, or decide, to distn'but:cthe copies or information contaiiiedtherein to otliers, includingother goVei:nr1'1c11tagencies.

Th r this ct nent wi If ined ve years the rep
or request we are e at ti ncy or d is con
?nding, we will Contact the p2trt_\;(ies)conteslintg the audit ?nding For guidance;prior to destrouiiigthe audit documentation.

MicliaelC.‘/Connoris the eiigagetiteiit partner. 2i.i1(.l,.lSresponsiblefor sttpervisingthe eiigageziizzntandsigiting;the reports or atttlionzittg anotherindividttalto sign them.

Our freefor tlneseserviceswillbe at our standardhour.lyrates plus out-of~pocketcosts (such as mpmf ,5e13rOCi' uCtl<)11, word processing, postage, travel, copies, telqzhone, etc.) except that we estimate our fee, including expenses, willbe $3-1,000,plus $6,000 eachper major program, if a Single.«‘\uditis required,Out:standardhourly rates varyaccordingto the degreeof responsibilityinvolvedand the experiencelevelof the personnelassigned to your audit.Our invoicesfor these fees will be renderedeachmonth as work progressive and are payable on presentation. In ztct:orclance_with our firm P01iCi€$,Work may be suspendedif your K-.lCCOu11t becomes tliirty days or more overdue and may not be rrsurne d. until your account is paid in full. If we elect to terminateour servicesfor nonpayment, our el1g9,g:}n1entwillbe deeme d
to have been completed upon written noti?cation oi’tcr:mi_n2«.tion, even if we have not completedour tteportt You wil l be obligatedto compensate us for alltime expandedand to reimburseus for all 0ut~0f—p0cl<ct coss throughthe dat e
of termination.

The above fee is based on ztnticipntedcooperation from your personnel and the assumptionthat tttiexpecte d
circumstanceswillnot he encountered during the audit,
If additional time is needed Forus to assist the City of Clalistogain the resolution or iriv'cst.lgatiotiof accounting errors, discrepailcies,or reconciliationissues, assistance in the preparation of schedules, or to re?cct in (mg \x,rq;=1tpnp ¢:t:5 correctionsto the Cityof Calistogwsaccotiitting;goccirtls madeafter the:start of the cngagcrnent, we willpC1ff(') L‘1‘,11
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Dir-ccr<>t$200 1\,lgu1agc,:; $13();1_5t')
SeniortlCCOlJ.1itfll1l Staffttccoutttantii‘)0—100
'.Rll}CCMfRDil,EN
Item #7.3.

Yuu may request that we pet'Et)n'nadditionalservices not ?(l£lI‘(‘.5.\'L!llin this engagement letter. If this occurs, we will communicatewith you the scope of the tldlllh?n?l services and the esuniated fees‘ We also may issue I separate engagement letter covering the additionalservices.In die absence of any other written cummunicationfrom us documentingsuchadditionalservices,our serviceswillcontinueto be governedby die terms of thisengagement letter.

In addition in the estimatedEe nured Ithove, we reserve the dghr t nvoi City of Cali tog-3 ndard ho tntcs time incttrtedproviding ?n:-ntttiontu $L|CL'€:‘-SUI auditorsin mpli ct: with Al} sec. invoices relatedfees Forthis servicewill e payableupon ptcseutntie We reserve the right tn suspendor tc nninatc our work ifyuu cng-ttg,:-mentletter, and:tuehFailuremateriallyinterferes withour xvork, lfour work is suspendedor tctminatedbecause of your failureto ful?llyour responsibilitiesset tonh in thisengagernent letter, you agreetlmtwe willnot he responsible for your failure to meet govcttlrncnr and other demlllttes, ?x imy pcmtltiesor interest thatmay be assessedagainstyou resultingfrom your Failureto meet such deadlines, and for any tlanutgcs (including,consequu-tttialdamages)inturtcd as a resultof the suspension at rerminartmt nfour wmlr.

We appreciate the opportunity to be of service to City of (jail g?, believethisle act: mtely sumnuni signi?cant terms of our engagen-tent. If you have tiny qutzstlott let: us know. If y gt-e with the terms engagement as describedin thisletter, please signthe cnclo City QfC2Llistog1

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Item #7.3.

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

1. Direct Labor
Direct labor costs shall be the total number of hours worked on the job by each employee times the agreed hourly rate for such employee's labor as set forth on the attached Exhibit B-1. CITY will pay all personnel at their regular straight-time rate, including any work performed on overtime or on holidays or weekends.
2 Subconsultant Costs
Subconsultant services shall be billed at cost plus a 10 percent markup. CONSULTANT shall provide a copy of each subconsultant’sinvoice 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 of?ce 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 speci?cations 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 speci?c costs/expenses have been incurred and CONSULTANT has submitted substantiating documentation, such as copies of paid invoices or other documentation con?rming that such costs/expenses have been incurred.
4875-2853-0282v1
Item #7.3.

EXHIBIT B1
Labor schedule and rates (per hour)
Director $200
Manager/Supervisor $13 0-150
Senior accountant $100-13 0
Staff accountant $90-100
$1 00
4875-2853-0282V1
V2
Item #7.3.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Mitch Celaya, Chief
Meeting: City Council - Jun 20 2023
Subject: Motorcycle Sidecar Tour Service
DESCRIPTION:

Determination of Public Convenience and Necessity (PCN) for a motorcycle sidecar tour service business in the City of Calistoga
RECOMMENDATION:
1) Conduct a public hearing
2) Consider adopting a Resolution approving the PCN authorizing a a motorcycle sidecar tour service business
BACKGROUND/SUMMARY:

On May 16, 2023, Vernon Pride submitted an application for a PCN Determination required by the Calistoga Municipal Code (CMC) Chapter 5.16. It is the intention of the applicant to start a Motorcycle Sidecar tour service, "Sidecar Memories", that can provide and assist Calistoga residents with a focus on tourists with their transportation needs.

The Calistoga Municipal Code (CMC) Chapter 5.16, governs vehicles for hire. On October 11, 2002, the City Council adopted Ordinance No. 584, requiring that any person engaging in the business operating a taxi or vehicle for hire in the city must first be granted a PCN from the City Council. A PCN certificate is not granted until the City Council declares, by resolution after a public hearing, that the public convenience and necessity is supported by the proposed vehicle for hire service. Chapter

5.16 of the CMC also defines the circumstances under which the City Council may deny, approve, or conditionally approve a PCN application. Furthermore, section 5.16.020 and section 5.16.040 include guidelines and findings, which the Council should use to evaluate and consider public convenience and necessity determinations.

ANALYSIS:

The following are the guidelines and findings for this PCN application:

Certificate of Public Convenience and Necessity - Required (Section 5.16.020)

1. A full identification of the applicant and all persons to be directly or indirectly interested in the permit, if granted;
The applicant applying under the name of "Sidecar Memories" of Calistoga is Vernon Pride of 2412 Foothill Blvd #2., Calistoga CA 9415. Pride will be the owner operator of the Sidecar Memories Tour business.

Item #8.1.

2. The residence and business address and the citizenship of the applicant, including all members of any firm or partnership, or all officers and directions of any corporation applying; Applicant Pride lives at 2412 Foothill Blvd #2, Calistoga CA 94515. The applicant is a US citizen. The business office of the Sidecar Memories service will operate out of 2412 Foothill Blvd. #2, Calistoga CA 94515.

3. The exact nature of the proposed business for which the permit is requested, and the name under which it is operated;
Sidecar Memories of Calistoga will be organized as a limited liability corporation and will operate as a vehicle for hire company, running on Sidecar Memories vehicles in the City of Calistoga.

4. Whether or not any permit of the applicant has been revoked, and, if so, the circumstances of such revocation;
The City has no record of a previous PCN application filed by the applicant.

5. The Number of vehicles proposed to be operated;
Sidecar Memories of Calistoga proposes two (2) motorcycle sidecar vehicles to be operated at this time.

6. The complete description of the vehicle proposed to be operated and of the proposed operations; The Sidecar Memories of Calistoga will use a modified URAL motorcycle with an attached sidecar to accommodate up to two passengers (see attached business plan and photo). The motorcycle portion of the vehicle will be black and the sidecar portion of the vehicle that will transport the passengers will also be black.

7. Such other further and additional information as the Council may require.

If a PCN is granted, the applicant and any future employees must obtain a permit from the Chief of Police, a business license from the Building and Planning Department, and provide proof of liability insurance to the City Clerk pursuant to Section 5.16.050 and 5.16.060 of the Calistoga Municipal Code.

Certificate of Public Convenience and Necessity - Application - Hearing (Section 5.16.040(D))

1. The demand of the Public for additional vehicle for hire service; The Police Department conducted a canvass of businesses, visitor accommodations, and restaurants to determine if these local merchants had a need for additional transportations services in the community. CPD found no objection to the motorcycle sidecar services. The City of Calistoga Chamber of Commerce supports this PCN application.

2. The adequacy of the existing motorcycle tour service or vehicle for hire service; Item #8.1.

Currently, there is no motorcycle tour service, taxicab services, or other private vehicle for hire service operating within Calistoga.

The Calistoga Shuttle currently operates a door-to-door service Monday through Thursday 7 am to 9 pm, Friday 7 am to 11 pm, Saturday 8:15 am to 11 pm and Sunday 11 am to 9 pm (limited-service May through November). The service costs one dollar.

3. The financial responsibility and experience of the applicant:

The applicant will be required to provide proof of liability insurance to the City Clerk pursuant to Section

15.16.050 of the Calistoga Municipal Code. Upon issuance of the PCN the applicant should provide the certificate of insurance to the City Clerk including an indemnification agreement. Once in operations, if the policy changes or is terminated the applicant should notify the City Clerk's Office within thirty (30) days of change or termination. In the event that any State or Federal regulatory agency has more restrictive guidelines the more restrictive requirements should take precedence.

4. The number, make and type of the equipment and the color scheme to be used; The proposed Sidecar Memories fleet would be two (2) Motorcycles: a modified motorcycle with sidecar attached to accommodate up to two passengers.

5. The effect of the service on the health, safety and general welfare of the city, the public, and/or animals used for public transportation;
A typical vehicle for hire operation would not have a detrimental impact on health, safety and welfare of the city, the public, and/or animals. The motorcycle sidecar has the potential to reduce traffic and promote safe driving practices in an area known for a significant number of wineries. The operations could also reduce vehicle emissions while promoting accessibility in Calistoga for those in need of transportation.

6. The adequacy of any operating guidelines or procedures for protection of animal health, safety, and general welfare;
The applicant does not pose to use any animals. Therefore, no animals will be harmed as a result of this operation.

Conclusion
Based on these findings, the Calistoga Police Department recommends approval of the PCN.

CEQA STATUS:

Not Applicable
FINANCIAL IMPACT:

Minimal direct financial impact to City revenue or expenses. Annual business license revenue will be collected during the tenure of the business.

ATTACHMENT(S):

Sidecar Memories Vehicle For Hire PCN Resolution
Item #8.1.

APPROVAL(S):

Laura Snideman, City Manager Approved - Jun 12 2023
Yudiana Galvan, Interim City Clerk Approved - Jun 13 2023 Item #8.1.

ATTACHMENT 1
RESOLUTION NO. 2023-XXX

RESOLUTION OF THE CITY OF CALISTOGA MAKING A DETERMINATION OF

PUBLIC CONVENIENCE AND NECESSITY FOR A FOR A MOTORCYCLE SIDECAR

TAXI SERVICE AND TOUR BUSINESS TO OPERATE WITHIN THE CALISTOGA

CITY LIMITS
WHEREAS, the City Council has adopted Ordinance No. 584 establishing guidelines for making Public Convenience and Necessity Determinations for vehicle hire services; and WHEREAS, on May 16, 2023, Mr. Vernon Pride applied to the city for a Public Convenience and Necessity Determination; and
WHEREAS, on June 20, 2023, the City Council held a public hearing to consider this determination in accordance with our ordinances; and
WHEREAS, on June 20, 2023, the City Council determined that allowing the motorcycle sidecar tour guide service to operate in the City of Calistoga will serve as a public convenience and necessity; and
WHEREAS, the operation of the motorcycle sidecar tour services shall be substantially in conformance with Chapter 5.16 of the Calistoga Municipal Code.

BE IT RESOLVED that based upon substantial evidence presented to this City Council during the referenced meeting, including written and oral staff reports and public testimony, and subject to the provisions of the staff recommendations, the City Council made a Public Convenience and Necessity Determination for the motorcycle sidecar service in the City of Calistoga, subject to the following conditions:

1. This Public Convenience and Necessity Determination authorizes only the motorcycle sidecar service as described in the application submittal materials and as described in the Staff Report dated June 20, 2023, and based on the above findings and the Findings and Conditions contained in the staff report. Any proposed expansion of this motorcycle sidecar service will require a subsequent amendment to the Public Convenience and Necessity Determination.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Calistoga at a regular meeting held this 20th day of June 2023, by the following vote:

AYES:

NOES:

ABSTAIN/ABSENT:
_________________________________
DON WILLIAMS, Mayor
ATTEST:
___________________________
YUDIANA GALVAN, City Clerk
Item #8.1.

Item #8.1.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Mitch Celaya, Chief
Meeting: City Council - Jun 20 2023
Subject: Safe Firearm Storage Ordinance
DESCRIPTION:
"Safe Firearm Storage" ordinance, adding section 8.06.040 to the Calistoga Municipal Code Chapter

8.06, Health & Safety: Firearms
RECOMMENDATION:

Consider adopting a Resolution introducing a Safe Firearm Ordinance BACKGROUND/SUMMARY:

At the suggestion of Councilmember Eisenberg, the City Council directed staff to bring forward a safe firearm storage item for consideration. Staff is providing some background information and is suggesting the attached draft ordinance.

ANALYSIS:

The City of Calistoga does not presently regulate firearm storage within residential locations.

Improperly stored firearms may result in accidental firearm injuries and/or deaths particularly in homes with children and teens. In addition, 68% of firearms used in school related incidents at schools were taken from their home, a friend’s home, or the home of a relative. Theft of firearms from homes is another consideration.

The International Association of Police Chiefs and the American Academy of Pediatrics both recommend the safe storage of firearms. Keeping a firearm in a secured storage container will prevent the unintentional deaths of children and teens by as much as 85% depending on the type of storage. Storing firearms in a securely locked container can also prevent firearms from being easily stolen in residential burglaries. Furthermore, research shows that keeping guns securely stored does not hinder their use for self-protection as a secured firearm can be accessed within seconds.

The Department of Justice has a current list of approved firearm safety devices and gun standards that can be viewed by visiting the California Department of Justice website at http://oag.ca.gov/firearms/fsdcertlist. An approved firearm safety / storage device can be purchased for as little as $18.00, so the cost is not prohibited, and trigger locks/cable gun locks are often given out for free at local police stations.

Due to the potential risk of not keeping a firearm safely secured, the Calistoga Police Department recommends the City Council adopt an ordinance adding section 8.06.040, Firearms to Municipal Code Chapter 8.06 as shown in the attachment. Calistoga Police Department additionally Item #8.2.

recommends that the department purchase and make available up to 50 cable gun lock devices that can be available to the community at no charge to secure their firearms in their residences.

CEQA STATUS:

Not Applicable
FINANCIAL IMPACT:

The department will spend approximately $1,000 for the purchase of up to 50 cable gun locks from account #01-4116-4401.

ATTACHMENT(S):

Calistoga Safe Firearm Storage Ordinance Resolution
Attachment 1 - Mothers Letter of Request for a Gun Safe Storage Ordinance_ cable style gunlock example
APPROVAL(S):

Laura Snideman, City Manager Approved - Jun 13 2023
Yudiana Galvan, Interim City Clerk Approved - Jun 13 2023 Item #8.2.

1 ORDINANCE NO. 2023-______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALISTOGA AMENDING CHAPTER 8.06, “FIREARMS,” TO ADD “SAFE FIREARMS STORAGE” ORDINANCE 8.06.040 TO CHAPTER 8 OF THE CALISTOGA

MUNICIPAL CODE
WHEREAS, the City of Calistoga, California ("City") does not presently regulate firearm storage within residential locations; and
WHEREAS, firearm injuries have a significant adverse public health and safety impact nationally, regionally, and locally; and
WHEREAS, improperly stored firearms may result in accidental firearm injuries and/or deaths, particularly in homes with children; and
WHEREAS, in California, numerous people die each year from injuries related to firearms, and many more are hospitalized for non-fatal gunshot wounds; and WHEREAS, having a loaded or unlocked firearm in the home has been associated with an increased risk of firearm-related injury and death, as well as theft of the firearm; and WHEREAS, a firearm stored while loaded or unlocked increases the risk of an accidental shooting, and has been associated with higher risks of suicide; and WHEREAS, quick access to a loaded firearm heightens the risk that a young person’s impulsive decision to commit suicide will be carried out without reflection or seeking help, and that the impulsive attempt will be fatal; and
WHEREAS, utilizing gun locks or lock boxes when storing firearms in the home reduces the risk of firearm injury and death, as well as theft; and WHEREAS, keeping a firearm locked when it is not being carried ensures that it cannot be accessed or used by others without the owner’s knowledge or permission, decreasing the risk that the gun will be used to commit suicide, homicide, or inflict injury, whether intentionally or unintentionally; and
WHEREAS, the International Association of Chiefs of Police and the American Academy of Pediatrics recommend the safe storage of firearms; and WHEREAS, both gun control and gun rights activists, including the National Rifle Association, endorse the use of locking devices when storing firearms to ensure that unauthorized and untrained persons cannot access firearms to inflict injury or cause death; and
WHEREAS, requiring stored, unsupervised firearms to be secured with gun locks or in a locked container does not substantially burden the right or ability to use firearms for selfdefense in the home; and Item #8.2.

page 2 / 4
WHEREAS, the City Council finds that requiring safe storage of firearms would constitute a sensible safety regulation and would not be unduly burdensome for firearm owners.

THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The above recitals are incorporated as set forth in this section.

SECTION 2. Adoption. Municipal Code Ordinance 8.06.040, Safe Firearms Storage, to Chapter 8.06, Firearms. Section 8.06.040 s hereby added to the Calistoga Municipal Code, to read as follows:
“8.06.040 SAFE FIREARM STORAGE
No person shall keep a firearm within any residence unless the firearm is stored in a locked container or disabled with a trigger lock or cable gun lock.

A. Definitions

1. Firearm means a firearm as defined in California Penal Code Section 16520, as amended from time to time.

2. Locked container means a locked container as defined in California Penal Code Section 16850, as amended from time to time, and is listed on the California Department of Justice Bureau of Firearms roster of approved firearm safety devices.

3. Residence means any structure intended or used for human habitation, including but not limited to houses, apartments, condominiums, rooms, in-law units, accessory dwelling units, motels, hotels, single room occupancy units (SROs), timeshares, mobile homes, and recreational and other vehicles where human habitation occurs.

4. Trigger Lock/Cable Gun Lock means a trigger lock that is listed on the California Department of Justice’s roster of approved firearms safety devices and that is identified as appropriate for that firearm by reference to either the manufacturer and model of the firearm or to the physical characteristics of the firearm that match those listed on the roster for use with the device under California Penal Code Section 23635.

B. Exceptions

1. The requirements of section 8.06 do not apply when a firearm is carried on the person of or is otherwise in the immediate control and possession of, an individual in accordance with applicable local, state, and/or federal laws.

2. This Chapter does not apply when a firearm is carried on the person of or is otherwise in the immediate control and possession of a peace officer (as defined in California Penal Code sections 830 et seq., as may be amended from time to time).

Item #8.2.

page 3 / 4

3. It is not the intention of this Chapter to regulate any conduct if the regulation of such conduct has been preempted by state or federal law.

4. The lawful exercise of rights of self defense

5. Lawfully operated and appropriately licensed business, club, or galleries.

6. Animal control officers in the lawful discharge of their official duties.

C. Penalty.

Every violation of this Chapter shall constitute an infraction and shall be punished in accordance with Section 1.08.020.”
SECTION 3. CEQA. The adoption of this Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), which provides that CEQA only applies to projects which have the potential for causing a significant effect on the environment. Where it can be determined that the proposed project will not have a significant adverse effect on the environment, the project is not subject to CEQA. This Ordinance sets requirements for safe storage of firearms in residential locations and does not propose nor authorize any action or specific project that would have the potential to cause a significant adverse effect on the environment.

SECTION 4. Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable, or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable.

SECTION 5. Publication; Effective Date. This Ordinance shall take effect and be enforced within thirty (30) days from and after the date of its adoption by the City Council at a second reading and shall be posted and published in accordance with the California Government Code.

I, YUDIANA GALVAN, INTERIM CITY CLERK of the City of Calistoga, California, do hereby certify that the foregoing Ordinance was duly PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 20th day of June, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:
__________________________________ ________________________________ Item #8.2.

page 4 / 4
Yudiana Galvan, Interim City Clerk Donald Williams, Mayor Item #8.2.

We request that the City of Calistoga adopt a Safe Storage Ordinance which would require all firearms in a residence be securely stored in a locked container or disabled with a trigger lock. One small child dies almost every day in this country after finding an unsecured firearm in their own home or in a relative’s home or while playing at a friend’s house. Two older children, particularly teens, die every day in this country by suicide from an unsecured firearm they obtain from their home or another family member’s home. In addition, 80% of school mass shootings are done by current or former students, using an unsecured firearm obtained from their own home or a relative’s home. A Safe Storage ordinance has become more urgent than ever during Covid, given the dramatic rise in gun sales. Combined with more time spent sheltering at home and the increase in mental health issues, we have seen a shocking 43% increase in unintentional deaths of small children and a 9% increase in teen suicides.

Research shows that keeping guns securely stored does NOT hinder selfprotection- a gun can be accessed within seconds- but it DOES prevent unintentional deaths of children and teen suicides, by as much as 85% depending on the type of storage. Storing firearms in a securely locked container can also prevent guns from being easily stolen in a home robbery. A DOJ- approved safe storage device can be obtained for as little as $40 so the cost is not at all prohibitive, and trigger locks are often given out free at police stations.

Some people are under the impression that the California Penal Code (25100) already addresses this issue, but it definitely does not. It does not define how to safely store a firearm and it doesn’t apply to all homes. For example, parents often hide their guns (feeling this makes them safe) rather than locking them up, but studies show 70% of children know the location of these hidden guns in their own home and many have even handled them.

Many cities and towns up and down California have already adopted Safe Storage ordinances. We hope that Calistoga will do the same.

When considering the penalty for violating the Safe Storage Ordinance, Moms Demand Action supports a civil penalty, rather than a criminal penalty. We suggest a fine or community service. This is because we feel people of color may be disproportionately affected by this law and we also think a criminal penalty is unnecessary. Most firearm owners are law abiding and will follow the law if it is simply in place. We feel having this ordinance on the books will ultimately help to change our culture, much like the seat belt law did in the Item #8.2.

1980’s. Towns early in the process of adopting safe storage ordinances did often adopt a criminal penalty – that is, a misdemeanor-- but more recent towns have adopted a civil only penalty. We therefore ask that if you move forward with this ordinance, that a civil penalty be adopted.

Item #8.2.

Item #8.2.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Nitish Sharma,
Meeting: City Council - Jun 20 2023
Subject: Book of Fee Update
DESCRIPTION:

Continued public hearing to consider adoption of resolution amending the book of fees for various regulatory activities, products, and services.

RECOMMENDATION:

The City Council:

1.Continue conducting a public hearing from June 6; and

2.Consider adoption of a resolution amending the Book of Fees for various regulatory activities, products, and services, including updated security alarm fees.

BACKGROUND/SUMMARY:

Revenue from fees and charges represents approximately $400,000, or 2%, of the City’s total operating revenue. While these should be reviewed annually as they relate to the city's costs for providing regulatory activities, products, and services, this is the first time in a number of years they have been reviewed.

To operate within industry best practices, three key principles should guide Calistoga's fee schedule:
(1) avoidance of large increases from time to time by adopting smaller annual increases; (2) establishment of fees that are reflective of the City’s actual costs and are reasonable; and (3) ensure communication of our policies and programs to stakeholders to foster understanding and feedback.

ANALYSIS:

Since the passage of Proposition 26, (1) fees cannot exceed the cost of providing services; and, (2) individual customers paying for these fees cannot be charged for more than the services they receive, meaning they cannot be overcharged to subsidize fees for other customers. Included in the analysis of each of the proposed Book of Fees changes below is an explanation of the proposed change in compliance with Proposition 26. The fees proposed to be amended are as follows:
• Citywide Service/Reimbursement fees: The City provides a combination of public services and specific services. As defined in the Government Finance Officers Association publication, Financial Policies: Design and Implementation, a “public” service is one in which a citizen cannot choose to be excluded or one which delivers a benefit to the general public. For example, routine police patrols are a public service (one which provides a public good and which an individual citizen cannot opt out of) whereas police presence at a special event, such as a concert, would be a specific service. The purpose of this fee category is to recover costs pertaining to the services that are of special benefit to easily identified individuals or groups.

Item #8.3.

These fees will not apply to public services. The reimbursement rate formula is based on the total cost of delivering the services, including direct costs such as salaries and benefits, indirect costs such as departmental administration costs, and citywide support costs such as accounting, personnel, data processing, vehicle maintenance, and insurance. All fees are hourly rates. A fee as a means of cost recovery for a special service/reimbursement is calculated as follows.

Hourly salary and benefit rate (top step), plus maintenance and operations expense as calculated of the hourly salary and benefit rate, plus indirect costs (General Support Services Costs) calculated as of the hourly salary and benefit rate.

Example:
$50.00 – hourly and benefit rate
+12.50 – Department Operating Expense
+10.00 – Indirect Costs: General Support Services Cost
$72.50 – service fee
• Planning and Building Fees- Fees for the planning and building services were not updated for a while (1997 and 2017, respectively). The proposed fee schedule will allow the City to ensure the full-cost method is applied and the division is largely self-funded. • All Other Fees- The attachment to this report includes the fee schedules by each of the functional areas of the City which are now assembled in one place. Most of these fees have also not been reviewed in some time. Therefore, it is important to note that further review of these remains a work plan item and increases are likely to be recommended to the City Council after further review is completed.

CEQA STATUS:

The recommended action is not a project and therefore not subject to CEQA review.

FINANCIAL IMPACT:

Whenever revenue programs fall short, the burden can shift to the General Fund where general tax revenues will subsize the services and programs. Estimated revenues will be part of the mid-year budget for the Fiscal Year 2023-24.

ATTACHMENT(S):

ATTACH 1 - RESO Book of fees
Attachment 2 Administrative Services Fees
Book of Fee Schedule- Building (+MEP) Fees
Attachment 4 Book of Fee Schedule- Citywide Service Reimburse Attachment 5 Book of Fee Schedule- Parks Fees
Attachment 6 Book of Fee Schedule- Planning fees
Attachment 7 Book of Fee Schedule- Police Services Fees - Copy Attachment 8 Book of Fee Schedule- Public Works Service Fees Attachment 9 Book of Fee Schedule- Recreation Program fees Attachment 10 Book of Fee Schedule- Recycled Water Fees Attachment 11 Book of Fee Schedule- Special Events Fees Item #8.3.

APPROVAL(S):

Nitish Sharma Approved - Jun 11 2023
Laura Snideman, City Manager Approved - Jun 12 2023
Yudiana Galvan, Interim City Clerk Approved - Jun 13 2023 Item #8.3.

RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF CALISTOGA, COUNTY OF NAPA, STATE

OF CALIFORNIA, AMENDING THE BOOK OF FEES

TO ADOPT FEES FOR VARIOUS CITY

REGULATORY ACTIVITIES, PRODUCTS AND/OR

SERVICES
WHEREAS, the City of Calistoga City Council
has the authority to establish fees or service charges
which do not exceed the reasonable cost of various
regulatory activities or providing various products or
services; and
WHEREAS, the City Council has exercised this
authority by adopting a resolution establishing the City of Calistoga Book of Fees; and
WHEREAS, the City maintains separate funds
for administrative facilities, fire, police, transportation, affordable housing, cultural/recreational, traffic signal, northwest drainage, water, and wastewater; and
WHEREAS, this Book of Fees is amended
from time to time to reflect changes in the cost of
enforcing regulatory activities or providing certain
products or services; and
WHEREAS, the City Council wishes to amend
the Book of Fees to adopt fees for various City
services and permits which more closely relate to
actual costs.

NOW, THEREFORE, BE IT RESOLVED BY THE

CITY COUNCIL OF THE CITY OF CALISTOGA
DOES HEREBY FIND THE FOLLOWING:

Section 1:

A. The various modifications to the fee and fine
schedules attached hereto and incorporated by
reference herein are hereby approved and
adopted into the City of Calistoga Book of
Fees.

Item #8.3.

B. The City Council finds that as required by
Government Code 66016, it has held at least
one public hearing at which oral or written
presentations could be made, as a part of a
regularly scheduled meeting, and that notice of
the time and place of the meeting, including a
general explanation of the matter to be
considered, and a statement that the data of
this matter is available for review and a first
class mailing was made to anyone filing a
written request at least fourteen (14) days in
advance of the public hearing.

C. The City Council hereby finds, based on the
information and documents prepared for and
presented to the Council to support this action,
that the rates, fees, charges and costs
approved hereby are for the purpose of and
necessary for (a) meeting operating expenses,
including employee wage rates and fringe
benefits, (b) purchasing or leasing supplies,
equipment, or materials, (c) meeting financial
reserve needs and requirements, and (d)
obtaining funds for capital projects necessary
to maintain service within existing service
areas and City boundaries.

D. The City Council finds that the fees specified
by this Resolution do not exceed the cost of
providing the product or service or the
regulation for which the fee is levied.

E. Any fees or charges that have been previously
adopted by resolution of the City Council and
which are not being modified in the Book of
Fees attached hereto are incorporated for ease
of reference only and without modifying or
amending such fees or charges or the
underlying approvals in any manner.

Section 2: Effective Date: This resolution shall take
effect sixty (60) days after adoption.

Section 3: Severability. If any section, subsection,
sentence, clause, phase, or portion of this Resolution
is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining Item #8.3.

portions of this Resolution. The City Council hereby
declares that it would have passed this Resolution
and each section, subsection, sentence, clause, or
phase thereof irrespective of the fact that any one of
or more sections, subsections, clauses, or phases be
declared unconstitutional on their face or as applied.

PASSED, APPROVED AND ADOPTED this
20th day of June 2023. I, YUDIANA GALVAN,

INTERIM 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: APPROVE
D:
________________________
_____________________
Yudiana Galvan, Interim City Clerk Donald
Williams, Mayor
Item #8.3.

CITY OF CALISTOGA CALIFORNIA

BOOK OF FEES
Administered by Finance Department Page 1 of 1
Description Authority Effective Date
Administrative Services Department
Application Type PROPOSED
FEES
Document Copying (per page <10 pages) No Cost
8½”x11” and 8½”x14” per page 11”x17” per page $0.20
C size drawing (18”X24”) $0.25
D size drawing (24”X36”) $2.10
E size drawing (36”X48”) $4.20
Any size not listed – per square foot of paper or any fraction thereof $8.40 Document Recording with County Clerk Recorders Office Actual costs Staff Time based on the Citywide Fee Reimbursement Schedule Actual costs Mileage Costs (To and From) per IRS rate established
(https://www.irs.gov/newsroom/irs-issues-standard-mileage-rates-for-2023- business-use-increases-3-cents-per-mile)
Actual costs
Video/Audio Recording(s) of City Council or Planning Commission Meetings (placed on CD, DVD, flash drive, etc. as applicable)
Actual Costs
Printed documents (i.e., general plan, budget, zoning ord., etc.) Actual Costs Video Recordings of Meetings Actual Costs
FPPC Document Copying (per page - State law) (per page) $0.10 Notary Public Fee (per document - State law) (per document) $15.00 Returned Check Service Charge - Actual Cost from the City's Financial Institution
$35
Administrative Fee (Staff) - Charge to returned checks to collect payment again
$28
Release of Claim of Lien (in addition to fee imposed by the County) $14 Community Facility District or Other Assessment District formation fees Time- $8,000 minimum
deposit
Credit Card Convenience Fees: the convenience fee shall be 3% of the transaction amount. This fee
shall be applied to all credit card transactions and fee schedules where credit
cards may be used except payment of utility charges or Parks and Recreation
activity fees. There is no fee to pay by e-check or debit card 3%
HISTORY:

AUTHORITY DATE ACTION
Item #8.3.

CITY OF CALISTOGA CALIFORNIA

BOOK OF FEES
Administered by Finance Department Page 1 of 5
Description Authority Effective Date

BUILDING SERVICE FEES
Fee Schedule
A. BUILDING SERVICE FEES
The purpose of this fee is to cover all costs incurred by the City for processing, reviewing, and inspecting permits issued or reviewed by the Building Division. These costs include, but are not limited to, attorney, engineering, environmental, planning, and financial costs.

Moreover, these costs may result from the work of employees or independent contractors and consultants in the City.

City staff hourly fees cover costs for direct labor, maintenance, and operation, and overhead. Rates are determined from time to time by the City's work order system. Rates as of the date of the current authority are included in the Citywide Fee Reimbursement schedule.

Pass-through fees cover costs for specific out-of-pocket costs incurred by the City on behalf of an applicant. The initial deposit shall be the amount shown on the Planning Commission fee schedule or as set forth below. This deposit shall be supplemented by the applicant as needed to maintain a positive fund balance. No work will be undertaken on a project application with a negative fund balance. Any funds advanced by an applicant which are not expended will be refunded after final project approval.

A technology fee shall be charged as an additional permit fee for all planning applications involving Zoning Administrator review. The amount of the fee shall be 8% of the fee/deposit charged as identified in the above sections. The fee shall be used for entitlement document scanning costs, city’s E-Government and Information Systems) programs, along with their operating and maintenance costs.

B
The City shall pass through all the fees related to outside contractors, consultants, attorneys etc.to the project applicants. The City shall add an administrative fee of 15% to the invoices from the outside vendors to recover the costs related to managing consultants, processing accounts payable functions and providing general oversight support to the vendors working on development projects.

C. ANNUAL ESCALATOR AND ADJUSTMENTS
The fees will update each year based on the change in the Consumer Price Index for All Urban Consumers (CPI-U) for 12 months ending on January 31 of each year. The updated fees and the new revenues will be included in the proposed budget to offset the costs of providing services. The fees shall also be adjusted if there are any other changes to the approved labor agreements, salary adjustments and other compensation approved by the City Council.

D. Developer Deposit Accounts:
*“Developer deposit accounts (DDA)” are used to recover costs for processing more- complicated applications. Staff estimates the number of hours of staff time that will be required to process the applications by task, such as meetings with the applicant and their representative(s); reviewing the application for completeness; coordinating the review Item #8.3.

CITY OF CALISTOGA CALIFORNIA

BOOK OF FEES
Administered by Finance Department Page 2 of 5
of other agencies; preparing environmental documentation, public notices, reports, resolutions, and ordinances; attending public meetings and following up on application approvals. This number of estimated hours is then multiplied by the hourly staff cost and becomes the deposit required to accompany an entitlement application.

Current Fee Table
Valuation Base Fee Rate Per Unit
$1 to $500 $23.50
$501 to $2,000 $23.50 $3.05 per $100*
$2001 to $25,000 $69.25 $14.00 per $1,000*
$25,001 to $50,000 $391.25 $10.10 per $1,000*
$50,001 to $100,000 $643.75 $7.00 per $1,000*
$100,001 to $500,000 $993.75 $5.60 per $1,000*
$500,001 to $1,000,000 $3,233.75 $4.75 per $1,000*
$1,000,001 and Up $5,608.75
Proposed Fee Table
Valuation Base Fee Rate Per Unit
$1 to $2,000 $254.00 $19.67 per $100*
$2001 to $25,000 $549.00 $22.00 per $1,000*
$25,001 to $50,000 $1,055.00 $21.96 per $1,000*
$50,001 to $100,000 $1,604.00 $5.06 per $1,000*
$100,001 to $500,000 $1,857.00 $14.77 per $1,000*
$500,001 to $1,000,000 $7,763.00 $6.24 per $1,000*
$1,000,001 and over $10,885.00
Item #8.3.

CITY OF CALISTOGA CALIFORNIA

BOOK OF FEES
Administered by Finance Department Page 3 of 5
Description Authority Effective Date

MECHANICAL, ELECTRICAL, PLUMBING PERMIT
FEES
Current Fee Tables
Item #8.3.

CITY OF CALISTOGA CALIFORNIA

BOOK OF FEES
Administered by Finance Department Page 4 of 5
Proposed Fee Schedule
Item #8.3.

CITY OF CALISTOGA CALIFORNIA

BOOK OF FEES
Administered by Finance Department Page 5 of 5
Description Authority Effective Date

GRADING PERMIT FEES
Existing Fee Table
Proposed Fee Table
Item #8.3.

CITY OF CALISTOGA CALIFORNIA

BOOK OF FEES
Administered by Finance Department Page 1 of 2
Description Authority Effective Date

CITYWIDE SERVICE/REIMBURSEMENT FEES
Fee Schedule
A. COST RECOVERY FEES
The City provides a combination of public services and specific services. As defined in the Government Finance Officers Association publication, Financial Policies: Design and Implementation, a “public” service is one in which a citizen cannot choose to be excluded or one which delivers a benefit to the general public. For example, routine police patrols are a public service (one which provides a public good and which an individual citizen cannot opt out of) whereas police presence at a special event, such as a concert, would be a specific service. The purpose of this fee category is to recover costs pertaining to the services that are of special benefit to easily identified individuals or groups. These fees will not apply to public services. The reimbursement rate formula is based on the total cost of delivering the services, including direct costs such as salaries and benefits, indirect costs such as departmental administration costs, and citywide support costs such as accounting, personnel, data processing, vehicle maintenance, and insurance. All fees are hourly rates.

A fee as a means of cost recovery for a special service/reimbursement is calculated as follows.

Hourly salary and benefit rate (top step), plus maintenance and operations expense as calculated of the hourly salary and benefit rate, plus indirect costs (General Support Services Costs) calculated as of the hourly salary and benefit rate.

Example: $50.00 – hourly and benefit rate
+12.50 – Department Operating Expense
+10.00 – Indirect Costs: General Support Services Cost
$72.50 – service fee
B
C

WORK ORDER BILLING
The purpose of these fees is to recover costs related to providing complete engineering, development services, economic development and other community development and public works services related to consultation, studies, designs, investigations, planning, economic development activities, and capital improvement projects. These fees are also designed to allow the City to recover costs related to special events and other non-city sponsored functions.

ANNUAL ESCALATOR AND ADJUSTMENTS
The fees will update each year based on the change in the Consumer Price Index for All Urban Consumers (CPI-U) for 12 months ending on January 31 of each year. The updated fees and the new revenues will be included in the proposed budget to offset the costs of providing services. The fees shall also be adjusted if there are any other changes to the approved labor agreements, salary adjustments and other compensation approved by the City Council.

Item #8.3.

CITY OF CALISTOGA CALIFORNIA

BOOK OF FEES
Administered by Finance Department Page 2 of 2
Employee Classifications Hourly Rate Overtime Rate
Administrative Services Director $187
Associate Civil Engineer $126
Building Official $141
City Clerk $128
Deputy Public Works Director $152
Fire Chief $207
Lieutenant $166
Maintenance Superintendent $128
Planning and Building Director $187
Police Chief $219
Public Works Director/City Engineer $187
Recreation Director $187
Senior Civil Engineer $136
Senior Planner/Assistant to Civil Manager $136
Utility Systems Superintendent $134

CALPERS NOT ALLOWED IN OVERTIME RATE
Accounting Assistant $86 $69
Administrative Services Technician $93 $80
Associate Planner $120 $113
Chief Plant Operator $129 $123
Community Services Officer $99 $85
Dispatch Supervisor $108 $99
Dispatcher $99 $85
Fire Captain $105 $87
Fire Engineer $95 $80
Fire Fighter $93 $72
Maintenance Technician I $89 $72
Maintenance Technician II $94 $80
Permit Technician $98 $82
Plant Operator I $106 $91
Plant Operator II $114 $102
Police Officer $117 $108
Recreation Coordinator $89 $70
Senior Accounting Assistant $92 $77
Senior Maintenance Technician $105 $93
Senior Plant Operator $80 $70
Sergeant $137 $127
HISTORY:

AUTHORITY DATE ACTION
Item #8.3.

CITY OF CALISTOGA CALIFORNIA

BOOK OF FEES
Administered by Finance Department Page 1 of 4
Authority Effective Date

PARK AND RECREATION FEES
Parks
A. The City of Calistoga Parks and Recreation programs promote community health and wellness. The fees established by the City of Calistoga are relatively lower and subsidized by the General Fund to provide a greater level of access and equity to the community.

ANNUAL ESCALATOR AND ADJUSTMENTS
The fees will update each year based on the change in the Consumer Price Index for All Urban Consumers (CPI-U) for 12 months ending on January 31 of each year. The updated fees and the new revenues will be included in the proposed budget to offset the costs of providing services. The fees shall also be adjusted if there are any other changes to the approved labor agreements, salary adjustments and other compensation approved by the City Council.

A. LOGVY AND PIONEER PARKS
Application Status:

Calistoga Residence Deposit $350
Calistoga Residence Application Fee $50
Calistoga Residence Hourly Rental Fee $56
Calistoga Residence Optional
Softball Bases/Field Lining $50/75
Soccer Balls & Goals/Field $100/280
Non-Residents Deposit $350
Non-Residents Application Fee $50
Non-Residents Hourly Rental Fee $200
Non-Residents Hourly Optional
Softball Bases/Field Lining $50/75
Soccer Balls & Goals/Field $100/280
Calistoga Non-Profit
Non-Profit Deposit $350
Non-Profit Application Fee $50
Non-Profit Hourly Rental Fee $24
Non-Profit Hourly Optional
Softball Bases/Field Lining $50/75
Soccer Balls & Goals/Field $100/280
All Other Non-Profit
Non-Profit Deposit $350
Non-Profit Application Fee $50
Non-Profit Hourly Rental Fee $56
Non-Profit Hourly Optional
Softball Bases/Field Lining $50/75
Soccer Balls & Goals/Field $100/280
Item #8.3.

CITY OF CALISTOGA CALIFORNIA

BOOK OF FEES
Administered by Finance Department Page 2 of 4
Business/Commercial
Non-Profit Deposit $350
Non-Profit Application Fee $50
Non-Profit Hourly Rental Fee $200
Non-Profit Hourly Optional
Softball Bases/Field Lining $50/75
Soccer Balls & Goals/Field $100/280
Facility-Community Center – 1307 Washington St
B. Application Status:

Calistoga Residence Deposit $350
Calistoga Residence Application Fee $50
Calistoga Residence Rental Fee $18
Calistoga Residence Cleaning Fee $130
Non-Residents Deposit $350
Non-Residents Application Fee $50
Non-Residents Rental Fee $50
Non-Cleaning Fee $130
Calistoga Non-profit Deposit $350
Calistoga Non-profit Application Fee $50
Calistoga Non-profit Rental Fee $10
Calistoga Non-profit Cleaning Fee $130
All other Non-profit Deposit $350
All other Non-profit Application Fee $50
All other Non-profit Rental Fee $12
All other Non-profit Cleaning Fee $130
Business/Commercial Deposit $350
Business/Commercial Application Fee $50
Business/Commercial Rental Fee $100
Business/Commercial Cleaning Fee $130
Facility – Calistoga Community Pool
Item #8.3.

CITY OF CALISTOGA CALIFORNIA

BOOK OF FEES
Administered by Finance Department Page 3 of 4
C. Application Status Calistoga Resident:

Deposit $500
Application Fee $50
Rental Fee (0-100 people) $100
Rental Fee (101-200 people) $150
Application Status Calistoga Non-Resident:

Deposit $500
Application Fee $50
Rental Fee (0-100 people) $150
Rental Fee (101-200 people) $200
Application Status Calistoga Non-profit:

Deposit $500
Application Fee $50
Rental Fee (0-100 people) $100
Rental Fee (101-200 people) $150
Application Status All Other Non-profit:

Deposit $500
Application Fee $50
Rental Fee (0-100 people) $150
Rental Fee (101-200 people) $200
Application Status Calistoga Business/Commercial:

Deposit $500
Application Fee $50
Rental Fee (0-100 people) $200
Rental Fee (101-200 people) $400
Item #8.3.

CITY OF CALISTOGA CALIFORNIA

BOOK OF FEES
Administered by Finance Department Page 4 of 4
Other Events & Associated Fees
D. Event Parade:

Application Fee $50
Associated Fees Applicant billed for all additional event costs.

Event Street Usage with & without:

Application Fee $50
Associated Fee Applicant billed for all additional event costs.

Event on Public Property:

Application Fee $50
Associated Fee Applicant billed for all additional event costs.

Event Filming & Photography:

Application Fee $50
Associated Fee Applicant billed for all additional event costs.

Event Inspection Fee:

Associated Fee Based on event needs and plans. Applicant will be responsible for all inspection fees.**
Event Expedition Fee:

Associated Fee $250**
Event Tent Permit:

Associated Fee Tent Permit: (chrome-www.ci.calistoga.ca.us/

** These inspection and expedition fees will be billed regardless of any fee exemption the event may have.

Additional Fees*
Additional Fees
E. City of Calistoga Service Delivery Departments: Police, Fire, Public Works, Recreation and Planning and Building Services
Actual Cost per the Citywide Fee Recovery Fees + 15% Administrative Overhead *Fees will initially be provided as an estimate and are subject to change on final invoice HISTORY:

AUTHORITY DATE ACTION

Item #8.3.

CITY OF CALISTOGA CALIFORNIA

BOOK OF FEES
Administered by Finance Department Page 1 of 3
Description Authority Effective Date

PLANNING SERVICE FEES
Fee Schedule
A. PLANNING SERVICE FEES
The purpose of this fee is to cover all costs incurred by the City for processing, reviewing and drafting all kinds of major development related documents. These costs include, but are not limited to, attorney, engineering, environmental, planning, and financial costs.

Moreover, these costs may result from the work of employees or independent contractors and consultants to the City.

City staff hourly fees cover costs for direct labor, maintenance and operation, and overhead. Rates are determined from time to time by the City's work order system. Rates as of the date of the current authority are included in the Citywide Fee Reimbursement schedule.

Pass-through fees cover costs for specific out-of-pocket costs incurred by the City on behalf of an applicant. The initial deposit shall be the amount shown on the Planning Commission fee schedule or as set forth below. This deposit shall be supplemented by the applicant as needed to maintain a positive fund balance. No work will be undertaken on a project application with a negative fund balance. Any funds advanced by an applicant which are not expended will be refunded after final project approval.

A Reimbursement Agreement, when required, must be signed prior to an application being deemed complete. After an environmental determination has been made, the applicant will be given an estimated budget and time schedule for processing of the application. A revised estimated budget will be provided to the applicant if in the review process it becomes clear that the initial budget will be inadequate.

A technology fee shall be charged as an additional permit fee for all planning applications involving Zoning Administrator review. The amount of the fee shall be 8% of the fee/deposit charged as identified in the above sections. The fee shall be used for entitlement document scanning costs, city’s E-Government and Information Systems) programs, along with their operating and maintenance costs.

B
The City shall pass through all the fees related to outside contractors, consultants, attorneys etc.to the project applicants. The City shall add an administrative fee of 15% to the invoices from the outside vendors to recover the costs related to managing consultants, processing accounts payable functions and providing general oversight support to the vendors working on development projects.

C. ANNUAL ESCALATOR AND ADJUSTMENTS
The fees will update each year based on the change in the Consumer Price Index for All Urban Consumers (CPI-U) for 12 months ending on January 31 of each year. The updated fees and the new revenues will be included in the proposed budget to offset the costs of providing services. The fees shall also be adjusted if there are any other changes to the approved labor agreements, salary adjustments and other compensation approved by the City Council.

Item #8.3.

CITY OF CALISTOGA CALIFORNIA

BOOK OF FEES
Administered by Finance Department Page 2 of 3
D. Developer Deposit Accounts:
*“Developer deposit accounts (DDA)” are used to recover costs for processing more- complicated applications. Staff estimates the number of hours of staff time that will be required to process the applications by task, such as meetings with the applicant and their representative(s); reviewing the application for completeness; coordinating the review of other agencies; preparing environmental documentation, public notices, reports, resolutions, and ordinances; attending public meetings and following up on application approvals. This number of estimated hours is then multiplied by the hourly staff cost and becomes the deposit required to accompany an entitlement application.

Application Type
Current
Fee Deposit* New Fee
Appeal of administrative decision to Planning
Commission $150 $1,000 $870
Appeal of Planning Commission decision to City
Council $200 $2,000 $1,740
Certificate of Compliance $500 $870
Conceptual Review, Planning Commission $2,000 $1,740
Design Review, administrative review $850 $2,000 $1,740 Design Review, administrative review – amendment $100 $1,000 $580 Design Review, administrative review – time extension $100 $1,000 $580 Design Review, Planning Commission review $4,000 $3,480 Design Review, Planning Commission review –
amendment $1,000 $870
Design Review, Planning Commission review – time
extension $500 $1,000 $870
Development Agreement $25,000 $17,400
Environmental Analysis, Initial Study $2,500 $5,800
Environnemental Analysais, Environnemental Impact
Report $10,000 $8,700
General Plan Amendment $1,500 $10,440
General Plan Consistency Determination $500 $1,160
Growth Management Allocation
• with engineered water and wastewater study $300 $500 $1,160 Home Occupation Permit $150 $290
Lot Line Adjustment $750 $870
Lot Merger $500 $580
Municipal Code Amendment $10,000 $8,700
Parcel Map $5,000 $4,350
Item #8.3.

CITY OF CALISTOGA CALIFORNIA

BOOK OF FEES
Administered by Finance Department Page 3 of 3
Parcel Map – revision $2,000 $1,160
Parcel Map – time extension $500 $1,000 $870
Planned Development Plan $5,000 $4,640
Planned Development Plan – major modification $3,000 $2,320 Planned Development Plan – minor modification $500 $2,000 $1,740 Pre-Application Consultation, administrative review $1,000 $1,160 Public Convenience & Necessity Determination $500 $1,000 $580 Reversion to Acreage $500 $1,000 $580
Sign Permit, administrative review $100 $435
Sign Permit, administrative review – copy change $50 $290 Sign Permit, Planning Commission review $500 $870
Street Vacation $750 $1,160
Temporary Use Permit $50 $435
Tentative Map $5,000 $8,700
Tentative Map – exception $750 $1,740
Tentative Map – revision $1,250 $2,320
Tentative Map – time extension $500 $2,000 $1,160
Use Permit, administrative review $850 $2,000 $1,450
Use Permit, administrative review – amendment $100 $1,000 $580 Use Permit, administrative review – time extension $100 $1,000 $290 Use Permit, Planning Commission review $2,500 $4,640
Use Permit, Planning Commission – amendment $500 $1,740 Use Permit, Planning Commission – time extension $500 $2,000 $1,160 Variance $1,500 $3,480
Zoning Clearance $25 $290
Zoning Map Amendment $2,500 $6,960
Zoning Ordinance Interpretation $500 $870
Zoning Ordinance Text Amendment $2,500 $8,700
HISTORY:

AUTHORITY DATE ACTION
November 2, 2017 Approved
Item #8.3.

CITY OF CALISTOGA CALIFORNIA

BOOK OF FEES
Administered by Finance Department Page 1 of 2
Description Authority Effective Date

POLICE SERVICE FEES
Fee Schedule
A. Police service fees are charged when the benefit applies to an individual or institution.

These fees are not charged for general services that is the core function of the Police Department.

ANNUAL ESCALATOR AND ADJUSTMENTS
The fees will update each year based on the change in the Consumer Price Index for All Urban Consumers (CPI-U) for 12 months ending on January 31 of each year. The updated fees and the new revenues will be included in the proposed budget to offset the costs of providing services. The fees shall also be adjusted if there are any other changes to the approved labor agreements, salary adjustments and other compensation approved by the City Council.

A.

ALCOHOL BEVERAGE PERMIT
FOR CONCEALED WEAPONS PERMIT-ORIGINAL $20.00
CONCEALED WEAPONS PERMIT- RENEWAL $250.00
CRIMINAL BACKGROUND CHECK (LETTER OF CLEARANCE) $75.00
RESIDENT FEE FOR FINGERPRINTING INK $20.00
RESIDENT FEE FOR LIVE SCAN SERVICE $20.00
NON- RESIDENT FEE FOR FINGERPRINTING INK $50.00
NON- RESIDENT FEE FOR LIVE SCAN SERVICE $50.00
Item #8.3.

CITY OF CALISTOGA CALIFORNIA

BOOK OF FEES
Administered by Finance Department Page 2 of 2
B.

REPORT COPIES
TRAFFIC ACCIDENTS $25.00
1 BLACK & WHITE COPY 8 ½ X 11 ¢.10 PER PAGE
1 BLACK WHITE COPY 11 X7 ¢.25 PER PAGE
1 COLOR COPY 8 ½ X 11 ¢.25 PER PAGE
1 COLOR COPY 11 X7 ¢.75 PER PAGE
CD COPY ELECTRIC RECORDS JEI AUDIBLE $1.00 EACH
PHOTOGRAPHY DUPLICATION SECOND $1.00 ACTUAL COST

RESPONSE ORDINANCE REPO FEE
$PER ORDINANCE
SPECIAL EVENTS PERMIT $15.00
$ ASDETERMINED BY A1

OTHER FILM

$217 W/APPLICATION NON-

REFUNDABLE
C.

TAXI PERMIT APPLICATION FEE $150.00
TAXI PERMIT RENEWAL $150.00
VEHICLE RELEASE $ 70.00
VENDOR/PEDDLER PERMIT $ 32.00 + APPLICABLE LIVE SCAN
FEE
HISTORY:

AUTHORITY DATE ACTION

Item #8.3.

CITY OF CALISTOGA CALIFORNIA

BOOK OF FEES
Administered by Finance Department Page 1 of 2
Description Authority Effective Date

PUBLIC WORKS DEPARTMENT FEES
Fee Schedule
A. Public Works Departments fees are primarily related to the transportation permits, equipment rentals and services related to general infrastructure.

ANNUAL ESCALATOR AND ADJUSTMENTS
The fees will update each year based on the change in the Consumer Price Index for All Urban Consumers (CPI-U) for 12 months ending on January 31 of each year. The updated fees and the new revenues will be included in the proposed budget to offset the costs of providing services. The fees shall also be adjusted if there are any other changes to the approved labor agreements, salary adjustments and other compensation approved by the City Council.

Application Type
Current Fee
New Fee
Burial Permit $25 $40
Caltrans – HWY Maintenance (Hwy 29)-
Annually $3,200 Max $3,200 Max
Caltrans – HWY Maintenance (Hwy128)-
Annually $600 Max $600 Max
Developer Deposit Account – Citywide Fee
Reimbursement Schedule
Fully Burden Hourly
Rate
Encroachment Permit $25 $40
Encroachment Permit –Cost of Work in Right of
Way 5% 5%
EV Charger – 1-3 Hours Free Free
EV Charger – 4+ Hours $5 per Hour $5 per Hour
Evangeline – Recyclables Enclosure – Annual
Costs $250 $250
Landscape Maintenance Districts – Palisades
Subdivision
$1,540 Max.

Annually (Partial
Reimbursement)
$1,540 Max. Annually
(Partial Reimbursement)
Landscape Maintenance Districts – Silverado
Place Subdivision
$999.90 Max.

Annually (Partial
Reimbursement)
$999.90 Max. Annually
(Partial Reimbursement)
Non-Routine Encroachment Permit $25 $40
Non-Routine Encroachment Permit –Cost of
Work in Right of Way 5% 5%
Oversize Transportation Permit- Per Truck $25 $25
Tree Removal Permit $10 $40
Item #8.3.

CITY OF CALISTOGA CALIFORNIA

BOOK OF FEES
Administered by Finance Department Page 2 of 2
Tree Removal Permit – Tree Mitigation Fee (per
tree) $250 $275 per Tree plus actual staff costs
Rental Equipment – Cones (1 each per day) $2 $7
Rental Equipment – Delineators Cones (1 each
per day) $2 $3
Rental Equipment – Barricades Cones (1 each
per day) $6 $7
Rental Equipment – Lighted Barricades Cones
(1 each per day) $6.50 $7
Supplies – No Parking Signs Cones (1 each per
day) $1.50 $2
Supplies - Sandbags $0.50 each, first 25
Free $0.50 each, first 25 Free
HISTORY:

AUTHORITY DATE ACTION
November 2, 2017 Approved
Item #8.3.

CITY OF CALISTOGA CALIFORNIA

BOOK OF FEES
Administered by Finance Department Page 1 of 1
Description Authority Effective Date

RECREATION PROGRAM FEES
Fee Schedule
The City of Calistoga recreation programs are primarily funded through the general revenues. The City has historically established a very low fee schedule to ensure the residents of the City have access to the City facilities and amenities.

A. Pool Admission Prices
Daily Fees for Lap & Rec Swim
Seniors (55+) $6
Adults (18+) $8 Youth (Under 18) FREE
Daily Fees for Water Aerobics
Seniors (55+) $8
Adults (18+) $10
For 10 Punch Pass Lap & Rec Swim
Seniors (55+) $60
Adults (18+) $80
For 10 Punch Pass Water Aerobics
Seniors (55+) $80
Adults (18+) $100
B
Season Pass
April-September, 2023
Includes water aerobics, lap swim, and rec swim
Calistoga Resident
Must provide proof of residency Residents (all ages) FREE Non-Resident
Seniors (55+) $400
Adults (18+) $550
Family (two adults) $750 Youth (11-17 yrs) FREE
Must have a signed registration form to come to the pool without an adult.

C. Merchandise
Sweatshirt $25
Adult Goggles $10
Towel $10
Youth Goggles $7
Swim Diaper $2
Light Weights $20
Kickboard $10
HISTORY:

AUTHORITY DATE ACTION
November 2, 2017 Approved
Item #8.3.

CITY OF CALISTOGA CALIFORNIA

BOOK OF FEES
Administered by Finance Department Page 1 of 1
Description Authority Effective Date

PUBLIC WORKS DEPARMENT

RECYCLED WATER PERMIT FEES
Fee Schedule
A. The use of potable water for street cleaning or construction purposes is not allowed, unless no other source of water or other method can be used or if necessary, to protect the health and safety of the public. The City of Calistoga recycles water and allows the sale of recycled water as part of the program.

B. ANNUAL ESCALATOR AND ADJUSTMENTS
The fees will update each year based on the change in the Consumer Price Index for All Urban Consumers (CPI-U) for 12 months ending on January 31 of each year. The updated fees and the new revenues will be included in the proposed budget to offset the costs of providing services. The fees shall also be adjusted if there are any other changes to the approved labor agreements, salary adjustments and other compensation approved by the City Council.

Gallons Per
Truck
Service Period
(Discounted Rates Ends March 31) Fee New Fee
500 February – December $600 $600
1000 February – December $700 $700
2000 February – December $900 $900
3000 February – December $1,100 $1,100
4000 February – December $1,250 $1,250
Gallons Per
Truck
Monthly Fee
(After March 31 Discounted Rate
Ends)
Fee New Fee
500 Monthly Rate $60 per month $60 per month
1000 Monthly Rate $70 per month $70 per month
2000 Monthly Rate $90 per month $90 per month
3000 Monthly Rate $110 per month $110 per month
4000 Monthly Rate $125 per month $125 per month
HISTORY:

AUTHORITY DATE ACTION
November 2, 2017 Approved
Item #8.3.

CITY OF CALISTOGA CALIFORNIA

SPECIAL EVENTS PERMIT FEES
Administered by Finance Department Page 1 of 3
Description Authority Effective Date

SPECIAL EVENTS PERMIT FEES
Fee Schedule
A. The Special Events Permit in the City of Calistoga involves multiple departments and logistics. The City of Calistoga will ensure that the special events costs are fully recovered.

The City shall pass through all the fees related to outside contractors, consultants, attorneys etc.to the project applicants. The City shall add an administrative fee of 15% to the invoices from the outside vendors to recover the costs related to managing contractors and processing accounts payable functions/ providing general oversight.

The cost recovery fees related to the City of Calistoga shall be calculated based on the fee schedule as published in the Citywide Reimbursement Fees.

ANNUAL ESCALATOR AND ADJUSTMENTS
The fees will update each year based on the change in the Consumer Price Index for All Urban Consumers (CPI-U) for 12 months ending on January 31 of each year. The updated fees and the new revenues will be included in the proposed budget to offset the costs of providing services. The fees shall also be adjusted if there are any other changes to the approved labor agreements, salary adjustments and other compensation approved by the City Council.

B. Event Type: Public Facility Use
Event Description:

Any event which is planning on using one of the City of Calistoga Facilities for personal or commercial use – This includes the Community Center, Pioneer Park, Logvy Park, Community Pool or Monhoff Center
Deadline: Minimum of 30 days – 1 year in advance.

Application Fee: $50
Additional Fees: $350 Deposit Hourly Fee: Based on actual costs C.

Event Type: Street Usage & Closure
Event Description:

Any event which takes place on a street or sidewalk – this includes events with and without street closures.

Please NOTE: If you are requesting Lincoln Ave. then an additional permit is required from Cal Trans.

Deadline: Minimum of 30 days – 1 year in advance.

Application Fee: $50
Additional Fees Fee: Based on actual costs
Item #8.3.

CITY OF CALISTOGA CALIFORNIA

SPECIAL EVENTS PERMIT FEES
Administered by Finance Department Page 2 of 3
D. Event Type: Event on Public Property
Event Description:

Any event held on public property may include city parking lots and other public property.

Deadline: Minimum of 30 days – 1 year in advance.

Application Fee: $50
Additional Fees: $350 Deposit Hourly Fee: Varies
E.

Event Type: Filming/ Photography
Event Description:

Event which is planning on filming or holding any type of photo shoot within City limits.

Deadline: Minimum of 72 hours.

Application Fee: $50
Additional Fees Fee: varies based on event costs.

F. Event Type: Alcohol Sellers Permit
Event Description:

This permit is needed if your event plans to sell alcohol. Will be required for final special event permit to be approved.

Deadline: Contact Alcoholic Beverage Control (ABC) directly for requirements Application Fee: See ABC
Additional Fees: See ABC
Form Needed: ABC
G.

Event Type: Lincoln Avenue Banner Permit
Event Description:

This is a separate permit and is required to be eligible to place a banner across Lincoln Ave. This can be obtained from the Public Works Department.

Deadline: Up to 1 year in advance and are issued as received based on availability
Application Fee: $320
Additional Fees City Installed: $320
Contractor Installed: $160 refundable deposit.

Form Needed PW
H.

Event Type: Encroachment Permit
Event Description:

This permit is required to perform work or use any portion of a city sidewalk or street within the public right of way. This is included in the special event permit if you are NOT doing any street or sidewalk modification.

Deadline:

Application Fee: $25 (may require an additional 5% inspection fee on the estimated cost Item #8.3.

CITY OF CALISTOGA CALIFORNIA

SPECIAL EVENTS PERMIT FEES
Administered by Finance Department Page 3 of 3
of
work)
Additional Fees: N/A.

Form Needed: PW
SEP – Special Event Permit application
NCEMD – Napa County Department of Environmental Management (http://www.countyofnapa.org/Pages/DepartmentContent.aspx?id=4294967929#TemporaryEvents) PW – Contact Public Works for the appropriate permit application
ABC – Alcohol Beverage Control ( http://www.abc.ca.gov/ ) HISTORY:

AUTHORITY DATE ACTION

Item #8.3.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Nitish Sharma,
Meeting: City Council - Jun 20 2023
Subject: ADOPTION OF THE FISCAL YEAR 2023-24 BUDGET AND ANNUAL

APPROPRIATIONS LIMIT
DESCRIPTION:

Fiscal Year 2023-24 Budget and Annual Appropriations Limit RECOMMENDATION:

1. Adopt the attached resolution for the City of Calistoga Fiscal Year 2023-24 Budget

2. Adopt the attached resolution for the Annual Appropriations Limit for the Fiscal Year 2023-24 BACKGROUND/SUMMARY:

On May 9, 2023, staff presented a draft budget to the City Council for direction and feedback. The City Council received a presentation on various aspects of the budget and allowed public comment.

The City Council provided feedback which has been incorporated into the budget.

ANALYSIS:

In the development of the Fiscal Year 2023-24 budget, staff made a number of revenue and expenditure assumptions. All of these assumptions were based on the projections and economic conditions known between January and March 2023 including from third-party consultants and reflect the adjustments approved by the City Council during the current fiscal year.

City departments were provided with a base budget for Fiscal Year 2023-24 that included estimated increases in personnel costs, increases related to existing professional service contracts, and inflationary increases for operational expenditures. The current year revised budget and projections were also provided. The directors provided all other budget information for their programs and services including any requested increases. The City Manager and the Finance Director met with each department individually to understand the budget options submitted for Council consideration during the budget workshop.

General Fund
The General Fund is the primary operating fund of the City and is used to account for most day-today activities. Revenue sources include, and are not limited to, transient occupancy tax, property tax, sales tax and current fees for services, licenses and permits. The Fiscal Year 2023-24 budget projects that transient occupancy tax is the highest revenue source for the General Fund reported at $11.5 million or 63%. Details of these revenues can be found in the attachments.

The proposed budget meets City Council’s 50% reserve goal.

Item #8.5.

Based on councilmember questions and feedback during the May 9 workshop and/or information that staff has subsequently received, items are being confirmed or are different than what was presented on May 9 include:
• $25,000 to promote economic diversity included in the Community Promotions budget unit • $30,000 to hire part-time extra help in the Human Resources Division • $210,000 to cost share the Brannon Street Flashing Beacon (total project cost is $360,000) • $82,000 has been removed for parklets leaving $18,000 for minor repairs and maintenance • $65,000 to fund the Speed Cushion Survey
• $127,698: Add 1 full-time equivalent police officer position in the Police Department • $27,404: Reclassification of the Police Dispatch Supervisor to the Police Manager • $57,040: Additional appropriations added to the Up Valley Family Center consistent with the prior year
• The FY 2022-2023 $1.0 million loan to the Water Fund and $500,000 for Wastewater Fund has been accounted for
• Change a capital project name from Ped Bridge Gold to Oak Street Pedestrian Bridge These adjustments reduced the net unrestricted fund balance reported on May 9, 2023, to $1.6 million for the budget for the Fiscal Year 2023-24 which in combination with a $610,000 developer payment affords the City Council $2.2+M to put into the Council's Infrastructure priority project.

Water & Wastewater Funds
The Water Operating Fund is operating a net operating deficit. The City is in the process of updating the utility rates in the Fiscal Year 2023-24. Staff will adjust budget based on the revised rates approved by the City Council. Key changes following the May 9 workshop are shown below.

Water Operating Fund:
• Reduction of the water conservation program to a new budget appropriation of $25,200.

Wastewater Capital Improvement Fund:
• $5.2 million for the Riverside Pond that was previously budgeted for $3.2 million. The increase in $2.0 million is due to the increase in the cost associated with the total project over 2 years.

Appropriations Limit
State law requires the City to set an appropriation limit. The limit is based on appropriations (formal authorization by the City Council to spend funds) only from proceeds of taxes, as defined by the law and statewide reporting guidelines. The appropriations limit amount is increased each year by a formula that uses a combination of percent changes in the Statewide Per Capita Income (PCI), City or County Population and Non-residential assessed valuation.

The Fiscal Year 23-24 appropriations limit for the City is $179,039,481. This limit increased from the prior year for two reasons: 1) -.70% decrease for the County population growth rate and 2) 33.80% increase from the prior year valuation growth primarily due to a FY 22-23 increase in taxable values for the City due to non-residential new construction as a percentage of the total taxable value increase (as of the FY 22-23 lien year roll date). This percentage may be used as an alternative to the change in California per-capita personal income for calculating a taxing agency’s annual adjustment of its Appropriation Limit pursuant to Article XIIIB of the State Constitution as Amended by Proposition 111 in June 1990.

The Fiscal Year 23-24 budget appropriations of $17,889,854 are the portion that is funded from proceeds of taxes and is subject to the limit. This amount is $158,149,627 or 90% under the Item #8.5.

appropriation limit. Attachment 2 of the staff report includes the resolution and the report for the Fiscal Year 2023-24.

Authorized Positions
The City is proposing to modify the current authorized position listing as follows:
• +1 New Police Officer Position: This position will add to the Department's staffing coverage to provide relieve to existing officers from excessive overtime, shift coverages, training and other assignments.
• -1 Technician in Water Conservation: Due to the lifted restriction on drought, the City is eliminating this position.
• Reclassification: Reclass current Dispatch Supervisor to Dispatch Manager. This reclassification will have no impact on the authorized positions; however, will have some additional costs. The position provides management support and supervision at a higher level to existing dispatchers.

CEQA STATUS:

The recommended action is not a project and therefore not subject to CEQA review.

FINANCIAL IMPACT:

An adopted budget provides the financial resources to provide day to day services to the community and adequate funding for specific capital improvement projects.

ATTACHMENT(S):

1. Attach 1 Reso Budget Adjustment for FY 23-24
FINAL Budget Binder FY23-24 Revised 6.20.23 (2)
Attachment 2B Reso Gann Limit FY 23-24

2.1 Exhibit A GANN Report
APPROVAL(S):

Nitish Sharma Approved - Jun 15 2023
Yudiana Galvan, Interim City Clerk Approved - Jun 15 2023 Item #8.5.

RESOLUTION NO. 2023-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA,

COUNTY OF NAPA, STATE OF CALIFORNIA, APPROVING ADJUSTMENTS TO THE CITY’S OPERATING AND CAPITAL IMPROVEMENT BUDGET FOR FISCAL YEAR 2023-24
WHEREAS, the City Council of the City of Calistoga adopted an Operating Budget and Capital Improvement Program for Fiscal Year 2022-23 on June 21, 2022; and
WHEREAS, the City Council of the City of Calistoga adopted budget adjustments on March 21, 2023, for Fiscal Year 2022-23 based on the determination by the City Manager that these adjustments were essential to the City’s operations; and
WHEREAS, the City Council has reviewed the proposed budget adjustments for the period of July 1, 2023, through June 30, 2024, and does hereby find the recommendation to be necessary and in the City’s best interest.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Calistoga hereby approves the budget adjustments to the City of Calistoga Operating and Capital Improvement Budget including the salary schedule for Fiscal Year 2023-24 as shown as Exhibit A to this resolution.

I, Yudiana Galvan, City Clerk (Interim) of the City of Calistoga, hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Calistoga at a regular meeting held on the 20th day of June 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:
______________________________ _______________________
Yudiana Galvan, City Clerk (Interim) Donald Williams, Mayor Attachment 1
Item #8.5.

Item #8.5.

This Page is Intentionally Left Blank
Item #8.5.

City of Calistoga Fiscal Year 23-24 Budget
i
Table of Contents (To be Finalized)
G
Item #8.5.

City of Calistoga Fiscal Year 23-24 Budget
iv
This Page is Intentionally Left Blank
Item #8.5.

City of Calistoga Fiscal Year 2023-24
Budget
June 20, 2023
Honorable Mayor and Council Members:

We are pleased to present the City of Calistoga’s Fiscal Year 2023-24 Budget. We are proud to deliver a budget that incorporates the City’s commitments to fiscal responsibility, transparency, accountability, effective use of our resources, and high quality of service delivery to the residents of Calistoga, the business community, and the visitors.

This budget for the Fiscal Year 2023-24 includes many changes including the approval of the new labor agreements with various employee organizations, moderately higher inflation than expected, right sizing the organization to meet the growing demands, and creating adequate reserves to withstand any economic/financial challenges.

It is evident that the biggest growth in the revenues for the City of Calistoga (“City”) has been in the transient occupancy taxes (TOT). Calistoga is known as a “destination” city and the major economic base are the TOT revenues from the visitors staying in the City.

With the emergence of the coronavirus pandemic, over three years ago, the City made significant budgetary adjustments to mitigate losses. With general economic recovery including growth in TOT, City service levels have been restored or increased compared to pre-pandemic levels, including significant contributions to the capital improvement projects. These projects are described in the capital improvement section of the budget report.

The slight revenue growth in other categories was steady though relatively in-significant; however, the high inflation rates affecting the cost of goods and services, staffing shortages or increase in labor demands, global supply challenges, and the uncertainty in the current market conditions has resulted in an increase in the costs of providing services to the community. The proposed budget includes these adjustments to ensure the current level of service is met with the current resource allocation.

The City of Calistoga continues to set the right policies and framework for a stable and responsible future. The proposed budget for the Fiscal Year 2023-24 has been developed to be responsive to the needs of the citizens and businesses with a focus on public safety, training and development, and long-term fiscal sustainability to prepare for any potential economic downturn or major disasters.

The General Fund is the primary operating fund of the City and is used to account for most day-to-day activities. Revenue sources include, and are not limited to transient occupancy tax, property tax, sales tax, current fees for services, and licenses and permits. Details of proposed estimates for Fiscal Year 2023-24 can be found in the Fiscal Year 2023-24 budget document.

The proposed budget meets the City Council’s reserve goal of fund balance reported at fifty percent (50%) of the operating expenditures. The operating expenditure for the General Fund in the proposed budget is approximately $16.4 million. The reserve fund 1 Item #8.5.

City of Calistoga Fiscal Year 2023-24
Budget
balance reported at the beginning of the Fiscal Year 2023-24 General Fund is approximately $8.2 million. In addition, the proposed budget would include a fund balance of approximately $2.2 million toward the Council Priorities. The monies in this newly created fund will be designated towards capital improvement and other investment related activities.

GENERAL FUND REVENUES
The General Fund revenues and appropriations are illustrated in three categories:
 General Operating Fund: This accounts for the ongoing resources needed to deliver the day-to-day service to the citizens and businesses. The revenues in this category are general revenues, for example: property taxes, sales taxes, transient occupancy taxes, user fees and charges, and miscellaneous revenues.
 Capital Revenues: This accounts for revenues received or designated for the capital improvement programs. The revenues in this category are grants and contributions, voter approved measures, and donations.
 Council Priorities: This accounts for revenues from one-time sources including unrestricted fund balance above 50% reserves.

Below are the highlights of the General Fund Revenues:

I. Operating Revenues: The four revenue categories; property taxes, vehicle license fees, sales taxes, and transient occupancy taxes comprised approximately ninety percent (90%) of the total General Fund revenues of $18.0 million. Each of the major revenue sources is described further below:
 Transient Occupancy Tax (TOT) is projected to be $11.5 million, an increase of about $500,000 (5.0%) above the FY 2022-23 revised budget and the largest source of General Fund Revenue at 63.8%. This revenue source is driven by room rate and occupancy levels. It is important to note that some of the revenue increase can be attributable to the 400 Silverado that has been fully operational during the Fiscal Year 2022-23.
 Property Tax is the second largest source of General Fund revenue and is expected to be $2.3 million, a negative $0.2 million, or 8% decrease from FY 2022- 23 estimates. The estimated decrease in property tax revenues can be attributable to a combination of factors including a re-allocation in the property taxes allocated to the Calistoga Education Revenue Augmentation Fund (ERAF) and a decrease in the assessed valuation of the 400 Silverado in Calistoga for $190,416 and $86,735 respectively.
 Sales Tax: The City anticipates receiving $1.4 million in net sales tax revenue, the third largest source of General Fund Revenue. Sales tax revenues are projected to decrease by $0.1 million in the Fiscal Year 2023-24 when compared to the current fiscal year. With the shift to online shopping, especially during the pandemic, allocations from the county tax pool will negatively impact the sales tax receipts projected for the Fiscal Year 2023-24. The negative impact is additionally due to the re-allocation of the point of sale in County “distribution facilities.” 2 Item #8.5.

City of Calistoga Fiscal Year 2023-24
Budget
 Property Tax In Lieu Of Motor Vehicle License Fees is the fourth largest source of General Fund revenue and is expected to be $1.0 million, a $30,000, or 4% increase from FY 2022-23 estimates. The estimated increase in the motor vehicle license fees is due to a growth in the general assessed valuation of the property values in the City of Calistoga. The chart below shows the general fund revenue sources.

Chart 1
II. Capital Revenues: The capital revenue categories included in the proposed budget are the grants and contributions and transfers in from the voter-approved measures.  Grants and Contribution The City of Calistoga team has been continually active and successful in obtaining funds from federal, state, and other partners to fund key strategic projects. The budget for the Fiscal Year 2023-24 includes the following project reimbursements from outside sources totaling $1.26 million:

Table 1
Capital Improvement
Project
Funding Source Amount
1a Pavement Maintenance Measure T $650,000
1b Pavement Maintenance Senate Bill 1 $110,000
2a Logvy Park Improvement Transit Development Act
Fund
$150,000
2b Logvy Park Improvement Proposition 68 Grant $180,000 3 S. Oak Street Pedestrian
Bridge
Community Development
Block Grant
$125,000
4a Car Charging Station Bay Area Air Quality
Management District
$12,000
4b Car Charging Station California Electric Vehicle
Infrastructure Project
(CaleVIP)
$36,000
 Transfers In/Other Financing Sources: Voter-approved measures, both Calistoga and the County, the State of California, and the Federal Government provide funding sources that are usually recorded in a separate fund for accounting purposes; however, funds are transferred to General Capital when adequate funds 3 Item #8.5.

City of Calistoga Fiscal Year 2023-24
Budget
are accumulated to complete the large improvement projects.  Measure T: The City of Calistoga share of a voter-approved measure to fund certain capital infrastructure projects from the revenues it receives.

The City of Calistoga, as part of Napa County, passed a county-wide measure to provide funding for county-wide local street and road improvements. The City of Calistoga collects funds for Measure T in Fund 24 and transfers the funds over to the General Capital Improvement Fund to provide funding for the Pavement Maintenance projects. The proposed budget includes a transfer of $1.9 million from the Measure T funds to finance the Pavement Maintenance Project.
 State Gas Tax Fund and Road Maintenance and Rehabilitation Act (RMRA) Fund: State Gas Tax and the RMRA tax revenues provide funding to local governments, counties, and the State of California funding to repair and rehabilitate roads, bridges, and other public infrastructure. The City of Calistoga receives these revenues from the State on an ongoing basis and deposits it in its own account for accounting purposes. The proposed budget for the Fiscal Year 2023-24 includes a contribution of $90,000 from the State Gas Tax Fund (Fund 21) and $116,000 from the RMRA Fund (Fund 22) towards the Pavement Maintenance project in the General Capital Improvement Fund.

II. Council Priorities: The City Council took action to create a funding mechanism to fund some vital infrastructure and human capital needs for the City. This is the City Council’s strategic planning fund and projects in this fund are general type of projects as approved by the City Council. The two major sources of revenue for this fund are the unrestricted surplus from the General Operating Fund above the 50% of reserve fund balance and the one-time revenues that the Council can choose to add to this fund.

Below is the summary of the funding allocated to this fund as part of the proposed budget for the Fiscal Year 2023-24:
 Projected Surplus: The City is expecting a projected surplus of approximately $1,638,653 in the current fiscal year. The projected surplus is due to strong revenues received in the current fiscal year from the transient occupancy taxes and savings from vacant positions.
 One-Time Payment: The City received $610,000 from the approval of the Calistoga Hill Development Agreement (DA). The DA had provisions that the developer would contribute $610,000 towards the City’s general activities. Staff has recorded the receipt of this contribution in the General Fund and will transfer to the new fund to account for activities related to council priorities.

As the City strategizes for appropriating fiscal resources into the future, the City Council has expressed that deferred maintenance and public infrastructure are continued key priorities. This budget includes continuous spending on capital infrastructure including roads, water infrastructure, and wastewater system repair to replace aged utilities which have reached/surpassed useful life. To do this, the city utilizes realistic and conservative projections for both revenues and expenditures. The Water, Wastewater, Capital Improvement Projects, and Special Funds budgets are also included in this document. 4 Item #8.5.

City of Calistoga Fiscal Year 2023-24
Budget

GENERAL FUND EXPENDITURES (APPROPRIATIONS)
The General Fund expenditures/appropriations are illustrated in three categories:

I. General Operating Fund: This accounts for the ongoing allocation of resources needed to deliver the day-to-day service to the citizens and businesses. The expenditures in this category are the services that are provided by the City from the “General” revenues. Examples of these revenue sources include police and public protection, fire suppression, planning and building services, culture and recreation, parks and road rehabilitation, the Calistoga Chamber of Commerce, and other nonprofit agencies or community groups. The expenditures for the General Fund are described in detail later in this document. The chart below illustrates the allocation of the General Fund Resources by functional areas:

Chart 2
II. Capital Expenditures: This accounts for capital improvement expenditures as presented in the proposed budget for the Fiscal Year 2023-24. The capital improvement budget includes the total cost of the project, including initial scoping, design, and construction costs; however, the actual expenditures occur over a multiyear period. The capital expenditures proposed for the Fiscal Year 2023-24 from the General Capital Projects accounts are listed in Table 2 below. $-
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
$3,500,000
$4,000,000
$4,500,000
FY 2023-24 Budget:

Operating Expenditures and Transfers Out
5 Item #8.5.

City of Calistoga Fiscal Year 2023-24
Budget
Table 2
General Fund: Capital Improvement Projects
Capital Improvement Program (CIP) FYE 2023-24
Proposed
Budget
Pioneer $40,000
Pavement Maintenance 2,950,000
City Hall Improvements 70,000
Fairway Path 242,000
Logvy Park Improvement 420,000
Parklets 18,000
Brannan Street Flashing Beacons 210,000
Master Service Ag 50,000
Vegetation Management 20,000
Carport Cover at Corporation Yard (1/3 allocation) 75,000 City Hall Modular 300,000
City Hall Facility Improvements 80,000
Community Center Facility Improvements 185,000
Gateway Project 10,000
Tennis Court Light Replacements 12,000
Main Pool Heater Replacement 32,375
Maxfield Path- Sound Wall Replacement 40,000
Speed Cushion Survey 65,000
Fire Department Sound Wall 50,000
Total Capital Improvement Expenditures $4,869,375
III. Council Priorities: The Fiscal Year 2023-24 does not include any appropriations in this fund.

WATER ENTERPRISE FUND
Water Operating Fund
In March 2018, the City Council adopted a Five-Year Water Rate which provides revenue for capital improvements, increased operational costs, and to meet debt reserves ending on December 31, 2022. In Fiscal Year 2022-23, the City retained Raftelis Financial Consultants, Inc. to update the City Water and Wastewater utility rate. The net operating deficit projected for the Fiscal Year 2023-24 in the Water Operating Fund is approximately $744,626 before depreciation expense (depreciation is a non-cash transaction). The proposed budget for total operating revenues in the Water Operating Fund for the Fiscal Year 2023-24 is $4.3 million. It is important to note that the proposed budget does not account for any adjustments to the water utility rates. The budget will be revised pursuant to the adoption of the new rates.

Operating expenditures are anticipated to increase from the current fiscal year primarily in the Water Treatment category. The proposed budget includes an increase of approximately $713,000 or 24.5% when compared to the Fiscal Year 2022-23. The increase in the Water Treatment division is related to the following adjustments:
6 Item #8.5.

City of Calistoga Fiscal Year 2023-24
Budget
 Contract Services (+$122,000): Increase is primarily due to an increase in the costs related to the survey of the sanitary watershed, and other miscellaneous contractors used to provide services upon need to ensure compliance with regulatory requirements and efficient operations of the water system.  Utilities (+$38,000): Increase is due to the increase in the MCE charges to operate the water treatment plant including the City decision to purchase the greenest possible energy.
 Water Purchase (+$501,000): Increase in costs to purchase water from the water contractors pursuant to the agreements in place.
 Water Conservation Program (-$130,000): In the current Fiscal Year 2022-23; the City Council approved the reduction of the water conservation program due to the lifted restrictions on the drought. The budget still includes approximately $25,000 to continue with the programs in place to help residents reduce water use.

Water Capital Improvement Fund
The Water Capital Improvement Fund is expected to end the Fiscal Year 2022-23 with a working capital balance of $2.6 million. The City anticipates water connection fees in the amount of $100,000 for Fiscal Year 2023-24. The Water Operations Fund will transfer $400,000 for Water Capital Projects. The City anticipates a total of $765,000 in grant revenues for the water capital improvement projects. The total revenues budgeted for the Water Capital Improvement Fund for the proposed budget for the Fiscal Year 2023-24 is $1.3 million.

Total water capital improvements budgeted for the Fiscal Year 2023-24 is $2.2 million.

Table 3 below illustrates the capital projects programmed in the Water Capital Improvement Fund:

Table 3
Water Capital Improvement Projects Fiscal Year 2023-24
Debt Issues - Principal $71,000
Debt Issues - Interest $63,659
Auto Meter Read $80,000
Replace Water Mains $500,000
Thermal HAA5 $50,000
Gen & Transfer $742,591
Pope St Gen $279,102
Relocate D Boos $20,000
Portable Gen $133,346
Raise Utility Iron on Hwy 29 $20,000
Kimball Dam Raise $5,000
Brannan Street Water Main Loop $40,000
Carport Cover At Corp Yard $75,000
Master Services Agreement $100,000
Clean Up Brush $15,000
Water Plt Imp $30,690
Total: $2,225,388
7 Item #8.5.

City of Calistoga Fiscal Year 2023-24
Budget

WASTEWATER ENTERPRISE FUND
Wastewater Operating Fund
As mentioned, the City has hired Raftelis Financial Consultants, Inc. to update the City’s Wastewater Utility Rates. The total revenues from the wastewater rates are budgeted at $3.9 million, an increase of $178,000 primarily from the increase in wastewater treatment due to increase in the usage primarily from the hotels/resorts, restaurants, and other commercial users.

Operating expenditures are anticipated to slightly decrease and remain almost consistent in Fiscal Year 2023-24 when compared to Fiscal Year 2022-23. The slight decrease is due to the change in the methodology for position budgeting at top step to the step that an employee is in with any proposed salary adjustments.

The Wastewater Operations Fund net deficit before depreciation expense is approximately $59,115. The operating expenditures total $4.8 million, including a depreciation expense of approximately $998,000. The Wastewater Operations Fund will transfer $500,000 to the Wastewater Capital Fund for capital projects. The budget for the Wastewater Operating Fund will be revised pursuant to the adoption of new wastewater rates.

Wastewater Capital Improvement Fund
The Wastewater Capital Improvement Fund is expected to end the Fiscal Year 2023-24 with a net deficit of approximately $1.2 million. Total receipts programs for the Wastewater Capital Improvement Fund are $5.2 million. The revenue budget proposed for the Fiscal Year 2023-24 is illustrated below.
 Grants ($4.6 million): The City staff have been successful in obtaining outside funding sources to match local funds for various capital improvement projects.

Table 4
Capital Improvement Project Funding Source Projected
Reimbursement –
Fiscal Year 2023-24
Riverside Ponds/River
Restoration
Hazard Mitigation Grant
(HMGP)
$2,600,000
Riverside Ponds/River
Restoration
IRWMP Grant $600,000
Riverside Ponds/River
Restoration
Sewer Capital Fund $1,900,000
Generator Upgrade Hazard Mitigation Grant
(HMGP)
$603,705
Portable Generator - Sewer
Collection
Hazard Mitigation Grant
(HMGP)
$44,189
Equalization Basin Liner ARPA $700,000
Brannan Street Crosswalks TDA-3 $150,000
 The Wastewater Operations Fund will transfer $500,000 to the Capital fund to cover several capital projects for Fiscal Year 2023-24. 8 Item #8.5.

City of Calistoga Fiscal Year 2023-24
Budget
 The City anticipates wastewater connection fees in the amount of $100,000 for Fiscal Year 2023-24.

Total water capital improvements budgeted for the Fiscal Year 2023-24 is $8.3 million.

Table 5 below illustrates the capital projects programmed in the Water Capital Improvement Fund:

Table 5
Wastewater Capital Improvement Projects
Fiscal Year
2023-24
Sewer Laterals $5,000
Rancho De Lift $75,000
Geothermal $5,000
Riverside Pond $5,120,000
Sewer Main Replacement $550,000
Generator Upgrade $910,868
Plant Repairs $113,000
Sewer Main Reimbursement $600,000
Raise Ut Hwy 29 $12,000
Equalization Basin Liner $700,000
Master Services Agreement $100,000
Portable Gen 1/3 $66,673
Carport Cover At Corp Yard 1/3 $75,000
TOTAL $8,332,541

SPECIAL REVENUE FUNDS OVERVIEW
These are separate funds which segregate revenues and expenditures restricted for specific purposes such as a specific grant program, restrictions by City Council ordinances, special property assessments, or just the need for separate budgeting and accounting of revenues for a specific purpose.

EQUIPMENT REPLACMENT FUND
This fund accounts for all the operating and maintenance costs related to the City’s computer network, workstation system, maintenance, and purchase of vehicles, as well as fixed and maintenance costs related to information technology that benefit all other City funds and programs. Below are the proposed budget requests for the Equipment Replacement Fund:
 Information Technology Contract (+$200,000): Contract services to maintain the City information systems and maintenance.
 Computer Software and Hardware Replacement (+$200,000): Funds appropriated to ensure proper replacement and enhancement of the City’s computer hardware and software systems.
9 Item #8.5.

City of Calistoga Fiscal Year 2023-24
Budget

THANKS AND APPRECIATION
The City’s annual budget preparation takes a significant commitment from the finance staff and the Calistoga Executive Team members. Special recognition goes to the Finance Team members for continuing to meet the demands and produce a welldocumented and balanced budget.

I would like to thank the City Council for providing exemplary policy direction and leadership throughout the budget development process. I also want to thank the Calistoga community for providing welcome input during the budget preparation process.

Sincerely,
Laura Snideman
City Manager
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City of Calistoga Fiscal Year 23-24 Budget
City Council
Donald Williams, Mayor
Irais Lopez-Ortega, Vice Mayor
Lisa Gift, Councilmember
Scott Cooper, Councilmember
Kevin Eisenberg, Councilmember
City Executive Team
Laura Snideman, City Manager
Michelle Marchetta Kenyon, City Attorney
Jed Matcham, Fire Chief (Current)
Steve Campbell, Fire Chief (Retired June 2023)
Mitchell Celaya, Police Chief
Derek Rayner, Public Works Director, City Engineer
Nitish Sharma, Finance Director/City Treasurer
Jeff Mitchem, Planning & Building Director
Rachel Melick, Recreation Director
Finance Staff
Jovani Carrillo, Administrative Services Technician
Richard Weinstein, Administrative Services Technician
Tania Amarantes, Senior Accounting Assistant
Mitchell Egert, Administrative Services Technician
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City of Calistoga Fiscal Year 2023-24
Budget

INTRODUCTION

USING THIS DOCUMENT
Introduction
Provides a description of the budget development process and the citywide organization chart.

City Manager’s Budget Message
Overview of the budget including key highlights.

City Council Goals, Objectives & Priority Projects
Overview of the City Council goals, objectives and priority projects for the community and financial stability of the City.

Budget Overview
Comprehensive review of revenues and expenditures for all funds, as well as fund balances.

Personnel and Staffing
Summary of funded personnel and staffing as well as a list of full-time personnel by position.

Department Sections
Presents summary information on the City’s operating departments:

City Council Planning and Building
City Manager’s Office Police Services
Financial Services Public Works and Engineering Services Fire Services Recreation Services

Department-wide summary information includes strategic goals and accomplishments, organizational charts as well as budget appropriations.

BUDGET PROCESS
The City of Calistoga normally creates a budget for a one-year fiscal period, which begins on July 1st and ends on June 30th. A local government budget is a plan to match existing resources with the needs of the community. The functions of local government stem from three levels of policy direction; federal, state, and local. Local government has the responsibility to provide basic public services such as maintaining streets and roadways, providing traffic management systems, maintaining parks, providing community services, and ensuring public safety.
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City of Calistoga Fiscal Year 2023-24
Budget
The budget and this document are the collaboration in which the community through its elected leaders, commission members, public hearings and the advice of City staff decide upon the services it shall receive from its government under the constraint of resources available to it through taxes, fees, and transfers from the federal, state, and county governments. This document reflects the priorities of residents in the community while balancing revenues and expenditures over the long term.

The finance department, a division of the City Manager’s office, is responsible for coordinating all revenue estimates contained in the budget. Estimates are reached by analyzing revenue history, national and local economic trends, development patterns in the local economy, and projections by outside consultants. Revenue projections used in the annual budget are based on conservative assumptions to ensure the City has adequate financial resources to meet the obligations and complete all programs approved by the City Council within the course of the fiscal year. The Finance Department also coordinates the development of all expenditure budgets with respective departments, publishes the Budget books and prepares the staff reports.

The budget process starts in February based on the Council strategic goals and vision set forth for the year. The city manager and department directors discuss the priorities of the Council, the mandatory cost increases from labor agreements or regulatory agencies, the capital improvement needs, and the organizational adjustments needed for the new budget year. Department directors prepare their budgets and are then submitted to the Finance Director. Concurrently, the Finance Department projects revenues for the same period and develops a budget based on the authorized full-time equivalent positions.

Department meetings are then held with the City Manager and budgets are reviewed and adjustments are made to keep the budget in balance.

The proposed budgets are then submitted to the City Council and community for review and input. Based on feedback, the City Council passes a resolution at a June Council Meeting adopting a budget which reflects estimated revenues and appropriations of monies to be spent, which in turn gives each of the City’s departments the authority to spend money based on the adopted budget.

After the adoption of the budget, throughout the year reviews of the budget are periodically undertaken. Mid-year review in which revenues and expenditures are adjusted as necessary and presented to the City Council.

Enterprise Funds
The Enterprise Funds consist of Water and Wastewater. The water enterprise consists of distribution and treatment programs. The water distribution program maintains 40.5 miles of water mains, responds to water leaks, after-hours service calls, reads over 2,600 water meters every month for billing purposes, flushes, inspects, provides water quality and pressure testing of the system. The water treatment program operates and maintains 13 Item #8.5.

City of Calistoga Fiscal Year 2023-24
Budget
Kimball Dam/Reservoir and operates the Water Treatment Facility, Feige Canyon and Mt Washington Water Tanks, and operates/maintains three water booster pump stations to ensure that safe potable water is delivered to the City’s residents.

The wastewater enterprise program consists of a collection and treatment program. The wastewater collection program maintains 19 miles of sewer mains, 321 manholes, four sewer lift stations, six miles of recycled water mains with two booster stations in the City. The collections program makes repairs, responding to sewer main back-ups and pump failures, repairs mains, coordinates new main replacement and performing routine line cleaning. The wastewater treatment program operates and maintains the Dunaweal Wastewater Treatment Facility to be in compliance with our NPDES and recycle water permits, including water booster pump stations and spray field disposal systems and over 48 million gallons of treated effluent storage facilities.

Special Funds
Overview of each of the City’s Special Funds, including fund descriptions, revenues, and expenditures. Special funds account for revenues and expenditures that are restricted by law or set aside for a special purpose.

Equipment Replacement Fund
Overview of the operating and maintenance costs related to the City’s computer network, workstation system, purchase, and maintenance of vehicles, as well as fixed and maintenance costs related to information technology that benefit all other City funds and programs.

Capital Improvement Program Budget
The Capital Improvement Program (CIP) budget details the acquisition, construction or rehabilitation of major capital facilities and infrastructure. The CIP budget is used to account for the receipt and disbursement of funds for specific CIP projects. For several projects, revenue resources and expenditures may extend over several years. 14 Item #8.5.

City of Calistoga Fiscal Year 23-24 Budget
Calistoga City Council FY 2023-2024 Priorities
The Calistoga City Council is mindful of the following values, in no order of ranking, as they consider city business and focus on the annual priorities:
economic vitality, housing, infrastructure, recreation, professional services, our environment, public safety, small-town character

1. Infrastructure – Human and Physical
The Calistoga City Council wishes to enact a policy establishing a proportionally allocated “Human and Physical Capital Infrastructure Reserve Fund” based on fiscally responsible principles for the following purposes:
a. Future physical capital asset acquisition such as the Fairgrounds b. Disaster response or major systems failures including wildfires, flooding, earthquakes, or infrastructure/facilities breaks c. Road and transportation system repairs, upgrades, and traffic mitigation efforts
d. Maintain existing staffing and to accommodate prudent increases in staffing based on Council-established priorities
For the purpose of budgeting for the FY 2023-2024 year, any available monies above the base General Fund needs and General Fund reserve will be directed to this fund and proportionally allocated with 85 percent toward Physical Capital, and with 15 percent toward Human Capital.

2. Housing
The Calistoga City Council wishes to enact a policy establishing its criteria for encouraging the creation and maintenance of the housing stock to continue to support Calistoga’s unique identity and to minimize commute traffic impacts, described as follows:
a. The City Council’s foremost housing interests are in encouraging ownership and rental housing for city employees, school employees, and local businesses with an emphasis on the “missing middle” for those who wish to live and work in Calistoga
b. The City Council wishes to begin discussion with the school district about collaboration on reuse of the property the district has identified as a possible housing site
c. Active staff engagement to support the above interests may require additional staff resources and will be explored as specific efforts are determined
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City of Calistoga Fiscal Year 23-24 Budget

3. Fairgrounds
The Calistoga City Council wishes to resolve the ownership and future uses of the Fairgrounds with FY 2023-2024 efforts described as follows:
a. Mayor Williams and Councilmember Cooper will continue to lead the data collection effort, focusing on revenues and expenditures including for capital repairs and on-going maintenance, and prepare for potential negotiations with Napa County with minimal staff assistance b. Mayor Williams, Councilmember Cooper and additional interested community partners will host a community discussion to share information and identify interests, uses, and resources that could lead to reactivation of the Fairgrounds
c. As part of the budget preparation process for the FY 2024-2025 budget year, Mayor Williams and Councilmember Cooper will present a potential plan of action for the Council's consideration 16 Item #8.5.

City Attorney (contract by City Council)
Planning & Fire
Building
- Planning Services
- Building Services
Housing -
Code Enforcement -
--1 Economic Development
City of Calistoga
Staffing Chart
FY 2023-2024
I
Services
I
Citizens
Mayor & City Council
(elected)
City Manager (appointed by City Council
I I
City Clerk
I
I Assistant City Manager
I
Commission, Committees and Boards
(appointed by City Council)
Police Services Financial Services Recrea tion Services Public Works & Suppression
Emergency Medical
Response
Fire Inspection
Emergency Services
Fire Prevention
Patrol - Finance & Treasury
Services
tions Information System - Services
Police Opera
Dispatch Services
Engineering Services
ogram Recreation Pr
Service s
Aquatic s
Capital Improvement
- Projects Design &
Construction
Water and Wastewater
- Treatment Operations
Water Distribution and
- Sewer Collection Services
Streets & Traffic
- Maintenance Services
--1
Facilities & Parks
Maintenance Services
Stormwater Management
& Maintenance Services
--1 Development Review &
Inspection Services
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City of Calistoga Fiscal Year 23-24 Budget
Revenue and Resource Estimates
General Fund
Introduction
The City utilizes several techniques to forecast recurring revenues. These techniques allow for multiple variables to be considered in the development of the forecasts, including institutional forecasts; the expert opinion of the City’s sales and property tax consultant HdL Coren & Cone; various national, state, and local economic indicators; and established formulas that measure relationships between revenue categories and growth within the City.

The financial forecast is a planning tool to assist staff in identifying important trends and anticipate the longer-term consequences of budget decisions. The ability to model cost and revenue trends beyond the next budget year helps the City to make initiative-taking budget decisions early in an economic cycle.

The forecast is not a plan, but a model based on cost and revenue assumptions which are updated regularly as added information becomes available. Future cost projections based on known costs are dependable. Revenue forecasts on the other hand, are based on assumptions related to future economic conditions which come with uncertainty.

City staff use a variety of tools, including trend analysis, judgmental forecasting, and expert opinion. Trend data includes historical fiscal performance and historical and projected data modified for known past, current and the future. In the end, forecasts are based on judgment that incorporates information provided through various methods; known and potential legislative and political impacts; and national, state, and local conditions expected to affect local revenue sources.

The City’s total General Fund revenues for FY 2023-24 are projected to increase slightly in the Fiscal Year 2023-24. The increase is approximately $48,000. The change is due to a combination of increases and decreases in revenues. Property tax and sales taxes are projected to decrease by a total of $263,204 while transient occupancy taxes are projected to increase by $500,000. Another decrease in the general revenues is in the fire reimbursement line item. This line-item budget for the Fiscal Year 2022-23 was $400,000 primarily from the strike team reimbursement from the deployment to the wildfires. This revenue has been revised downwards to $200,000 primarily due to a wet winter.
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City of Calistoga Fiscal Year 23-24 Budget
Revenue and Resource Estimates
Transient Occupancy Tax
Transient Occupancy Tax (TOT) is a 12% tax applied to the cost of lodging stays. Factors influencing TOT revenues include business and leisure travel, local business activity and room rate increases. Transient taxes are the largest revenue for the General Fund and make up for 64% of all projected General Fund resources FY 2023-24.

Transient Occupancy Tax in prior years has been increasing over the years. During the month of October 2017, California Wildfires burned through multiple counties creating an evacuation situation in the City of Calistoga and closure of all businesses. Due to the closure of businesses, transient occupancy tax suffered a loss of approximately $350,000. In March 2019 COVID-19 pandemic hit the nation and a shelter in place took effect the middle of March. The City has experienced a rebound in the TOT revenues in the Fiscal Year 2023 and expected to continue the momentum into the Fiscal Year 2023-

24. Additional funding comes from a 2% voluntary assessment of lodging revenues. Of the 2% the County wide marketing program receives 74% of revenues while the local Chamber receives 25% and the City receives the remaining 1% for administration.

The FY 2023-24 Budget projects increase in transient occupancy tax for the City of Calistoga following the return to normal activity levels prior to the COVID-19 pandemic The City is projecting an increase of approximately $500,000 or 5% in transient occupancy tax which translates to $11,500,000. The table below illustrates the TOT taxes for the current year and prior five years.
$-
$2,000,000
$4,000,000
$6,000,000
$8,000,000
$10,000,000
$12,000,000
$14,000,000
FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 2021-22 FY 22-23 FY 23-24 Actual Estimated Proposed
Budget
Transient Occupancy Tax
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City of Calistoga Fiscal Year 23-24 Budget
Revenue and Resource Estimates
Property Tax
Property tax is an ad valorem tax imposed on real property, such as land, buildings, and tangible personal property. Property tax revenue is collected by the County and allocated according to state law among cities, counties, school districts and special districts.

Calistoga property owners pay a basic tax equal to 1% of the assessed value on real property. Property tax accounts for 12.5% of all General Fund resources projected next year.

The City works with a property tax consultant in projecting property tax revenue, an estimate made with five factors in mind: property turnover rate, pricing and appeals exposure, new construction activity, Proposition 8 administrative reductions and Proposition 13’s annual inflation adjustment. Total property taxes are budgeted to decrease in the Fiscal Year 2023-24 due to a negative adjustment to the State Education Revenue Augmentation Fund (ERAF) of approximately $190,409 and a reduction in the property assessment for the Calistoga Vine Lessee Incorporated of approximately $86,735. The table below illustrates the property taxes for the current year and prior five years.
$-
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 2021-22 FY 22-23 FY 23-24 Actual Estimated Proposed
Budget
Property Tax
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City of Calistoga Fiscal Year 23-24 Budget
Revenue and Resource Estimates
Sales Tax
California sales tax is imposed on the total retail price of any tangible individual property (excluding a variety of state mandated exemptions), while use tax is imposed on the purchaser for eligible transactions when sales tax has not been collected. The sales and use tax rate in Napa County are currently 7.75% of which Calistoga receives 1% from the California Board of Equalization for transactions occurring within the City. Sales tax makes up 8.6% of next year’s overall General Fund resources.

The City works closely with the sales tax consultant, HDL, Coren & Cone, in projecting sales tax revenue. Based on HdL’s analysis of the trend in year-to-date tax receipts and an examination of local business data, the consultant anticipates the City will receive sales tax revenue of $1.4 million in the Fiscal Year 2023-24. For FY 2023-24 revenues are anticipated to decrease by $77,275 or 5% when compared to the current FY 2022-

23. The primary reason for the decrease is due to a shift in the sales tax revenue allocation from the Countywide pool. The table below illustrates the property taxes for the current year and prior five years.
$-
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
$1,600,000
$1,800,000
FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 2021-22 FY 22-23 FY 23-24 Actual Estimated Proposed
Budget
Sales Tax
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City of Calistoga Fiscal Year 23-24 Budget
Revenue and Resource Estimates
Other Taxes
As part of the State Budget Act of 2004, the legislature reduced motor vehicle license fee (VLF) revenue allocations to cities, replacing this funding with additional property tax allocations that change proportionately with the City’s annual assessed valuation (property tax in-lieu of VLF revenue).

Beginning in FY 2018-19 VLF revenues are projected in funds from other agencies thereby reducing the amount of property tax in the graph below. The City receives approximately 20¢ of every dollar collected with larger shares going to local schools, community colleges and Napa County.

For FY 2023-24 revenues are anticipated to increase by $37,232 or 3.8% when compared to the current FY 2022-23. The primary reason for the increase is due to an increase in the assessed valuation used to calculate the VLF fees. The table below illustrates the property taxes for the current year and prior five years. $-
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 2021-22 FY 22-23 FY 23-24 Actual Estimated Proposed
Budget
Motor Vehicle In-Lieu Fees
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City of Calistoga Fiscal Year 23-24 Budget
City Manager’s Office
City Manager
The City Manager is the Chief Executive Officer of the City of Calistoga and is appointed by the City Council. The City Manager appoints the Department Directors and other City staff, except the City Attorney.

The City Manager is responsible for the implementation of decisions made by the City Council and for the overall management of all City departments; provides recommendations to the City Council on development and formulation of policies, goals and objectives on community issues and projects.

The City Manager also represents the City’s interests throughout the region and beyond through coordination of activities with various local, State and Federal agencies.

Legal Services
The City Attorney is appointed by the City Council on a contract basis.

City Clerk
The Office of the City Clerk is a service department within the municipal government upon which the City Council, all City departments, and the general public rely for information regarding the operations and legislative history of the City. The City Clerk serves as the liaison between the public and City Council and provides related municipal services. The City Clerk is also the local official for elections, local legislation, the Public Records Act, the Political Reform Act, and the Brown Act (open meeting laws). Before and after the City Council takes action, the City Clerk ensures that actions are in compliance with all federal, state, and local statutes and regulations and that all actions are properly executed, recorded, and archived. As a Records Manager, the City Clerk oversees the preservation and protection of the public record including maintaining the minutes, ordinances, and resolutions adopted by the city council.

Human Resources
The human resource function resides in the city manager’s office. Administration of the personnel rules and regulations, the labor memorandum of understanding agreements, the recruitment process, and other labor related issues are included in this function. The Finance Department also provides support for personnel services, labor negotiations, benefits, and other labor related issues. 29 Item #8.5.

City of Calistoga Fiscal Year 23-24 Budget
City Manager’s Office
Risk Management
This is an important activity to reduce hazards and injury to people, and damage to property in providing City services and implementing projects. The City is a member of a joint powers authority, California Intergovernmental Risk Authority (CIRA), for the management and insuring of general liability, property, employee, workers compensation and other risks. The City Manager is the City’s representative. The City Clerk’s office is responsible for any liability or property claims processing and management of the insurance certificates required by agreements. Other activities are the annual review of the City’s self-insured retentions, insurance coverage, and programs for training of City staff on safety in the workplace and other work risks. Periodic appraisals and surveys of City facilities, programs and services are conducted to identify hazards and develop a plan to reduce to a cost-effective level. A review of various contracts and agreements with outside vendors are done to identify risks in the activity and mitigate or transfer the risk.

MAJOR DEPARTMENT TASKS COMPLETED FISCAL YEAR 2022-23
 Fairgrounds negotiations and ballot measures
 City Council elections including candidate forum and new councilmember Orientation activities
 Mutli-year labor Agreements and priority setting
 Fire Chief hire
 Multiple temporary help hires
 IT assessment
MAJOR DEPARTMENTAL GOALS FOR FISCAL YEAR 2023-24
 Support City Council Infrastructure, Housing, and Fairgrounds priorities  Fill staff vacancies
 Implement operational best practices
 Begin IT assessment implementation
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I
I
Administrative Services
Director
I
Finance Information Technology
(contract)
I
Senior Accounting
Assistant (1)
Administrative Services
Technician
Accountant (1)
City of Calistoga Administrative Services Department
Staffing Chart
FY 2023-24
(3)
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City of Calistoga Fiscal Year 23-24 Budget
Police Department
The Mission of the Calistoga Police Department (CPD) is to provide a high level of service to the community; To safeguard lives and property; To defend the constitutional rights of all people; To create and preserve a safe and secure environment; and To contribute to the success & prosperity of the City by supporting its mission, goals, and objectives.

Our philosophy and values of “Achieving Excellence” is what we strive for in all that we do in order to enhance effectiveness and services to the community. This includes being “Forward Thinking” in anticipating the needs of the community; “Embracing Partnerships”, “Fostering Teamwork”; and being “Innovative” in problem solving and addressing issues and concerns.

CPD performs a full range of law enforcement services which are provided under “Police Services” and “Police Dispatch”.

Police Services
Police Services consists of 24/7 patrol, investigations, traffic & parking enforcement, crime prevention, and community outreach. Budgeted staffing consists of the Police Chief, 1 Lieutenant, 2 Sergeants, 9 Officers, 1 Community Services Officer (CSO) and 2 police (parking) technicians. CPD partners with the Building & Planning Department to respond to and address code enforcement complaints and issues. CPD began fiscal year 2022-23 with 1 Lieutenant, 1 Sergeant, and 2 part-time police technician vacancies. As of March 2020, both the Lieutenant and Sergeant positions were filled. CPD is in the last year of the DOJ Tobacco Grant which funds the School Resource Officer Program to meet the requirements of the Grant. CPD has submitted for a second DOJ grant to continue to fund our efforts in address Tobacco health issues facing our youth.

In 2022, CPD responded to 3,672 Calls for Service of the 21,261 incidents generated and had an average response time of 5:45 minutes to Priority 1 calls.

CPD conducted 14,564 Patrol/Business checks and 1,383 traffic stops. Of the 657 police reports, 389 were criminal reports that resulted in 215 arrests. CPD was involved in over 75 community outreach activities.

Additional police services included not limited to; Live-scan fingerprinting, issuing alcohol permits, the Juvenile Diversion program, Lost & Found, Property & Evidence, monthly testing of the Emergency Siren System, and sending out Nixle alerts and advisories. CPD continued to manage the Animal Control & Services contract. Noteworthy outreach activities CPD was involved in or facilitated included the DARE program, National Night Out, Back to School Night, Halloween Parade, Safety Day, and the Annual Christmas Lighted Tractor Parade.

The Police Department receives additional funding from a few other grants and other funding sources:
53 Item #8.5.

City of Calistoga Fiscal Year 23-24 Budget
Police Department
Citizens Option for Public Safety (COPS) provides an estimated $100,000 of state grant funds for “front-line” law enforcement services and equipment. The COPS grant funds are used to address operational needs of the police department such as equipment, vehicles, Live scan services, and certain positions and programs such as the Juvenile Diversion Program, the CSO position, and a Dispatch position. There is no matching fund requirement for this grant.

The Gang Violence Suppression Grant administered by the Napa County DA’s Office provides $8,484. This money is used to fund programs that provide services for at risk youth. There is no matching funds requirement for this grant. These funds are also used to fund the Juvenile Diversion program.

Felgenhauer Trust is an endowment set up to enhance police services by purchasing non-budgeted goods or services which otherwise burden City finances.

The trust is managed by the Police Officer Association. This fiscal year the Trust funds were used to purchase gym equipment, a briefing room TV, and flooring the weight room. In addition, the Trust purchased chairs for the briefing room and vehicle storage boxes for the newly purchased patrol trucks. The Trust also funds the Annual Felgenhauer $1,000 college scholarship grant for a Calistoga High School senior.

Napa Investigation Service Bureau (NSIB) is a county task force that is supported by the city by contributing approximately $44,914 towards the full-time administrative position that supports the task force. The City benefits by sharing in recovered asset forfeiture funds (9% of funds seized), access to the task force for training/presentations to the department & community, and investigative assistance. This fiscal year no asset forfeiture allocations were distributed.

Police Dispatch
The Police Dispatch provides dispatch services and all records bureau functions.

Budgeted dispatcher staffing consists of 1 Dispatch/Records Supervisor, 4 fulltime dispatchers and 3 part-time dispatchers. In addition to radio dispatching officers and fielding all in-coming phone calls on business and emergency lines, dispatchers monitor all local agencies radio traffic, and access state, federal, and local databases for officers in the course of their investigations. Dispatchers also handle all front counter contacts, monitor alarms and security cameras in addition to providing records services. The Records Bureau services consist of maintaining files of police reports, citations, and other correspondence. Records Bureau is the responsibility of the Dispatch Supervisor and is highly technical and closely regulated by state law concerning dissemination of crime reports, criminal offender information, and public access rights. These functions include but not limited to complying with the National and California Incident Based Reporting Systems 54 Item #8.5.

City of Calistoga Fiscal Year 23-24 Budget
Police Department
(NIBRS/CIBRS), Domestic Violence and Hate Crime reporting to DOJ, response to Public Records Acts request, and other state mandated reporting.

MAJOR DEPARTMENT TASKS COMPLETED FISCAL YEAR 2022-23
 Filled the vacant Lieutenant and Sergeant position.
 Improved criminal investigation capabilities via the implementing the FLOCK automated license plate reader (ALPR) system.
 Implemented a personnel performance documentation and tracking program.
 Conducted Active Shooter Training exercise for enhance Police, Fire, and School Staff’s preparedness and response to such critical incidents.  Successfully submitted and awarded DOJ Tobacco Grant funds to continue to address tobacco related health and safety issues facing Calistoga youth for fiscal year 2023-24, 2024-25, and 2025-26.
 Coordinated the “Every 15 Minute” scenario for the high school.  Implemented a Residential/Business video registry program to assist with criminal and suspicious circumstance investigations.
 Met State requirement to implement Military Equipment policy.

MAJOR DEPARTMENTAL GOALS FOR FISCAL YEAR 2023-24
• Complete the upgrade of police radios to meet the state mandated radio encryption by the end of 2023.
• Fill vacant officer, technician, and dispatcher positions. • Decrease Part-1 Crimes by 10%, increase criminal investigation clearance rates by 10%, and increase self-initiated activity by 10%. • Continue to develop and implement department succession planning. 55 Item #8.5.

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City of Calistoga Fiscal Year 23-24 Budget
Planning and Building Department
Planning and Building Services
The Planning and Building Department provides a broad range of planning and building services to the community. The Department’s primary function is to guide and regulate private development in accordance with state law and the City’s General Plan, Zoning Code, building codes and other local land use policies and programs. Major tasks include conducting environmental review; administering housing programs; providing staff assistance to the Planning Commission, City Council, Housing Advisory Committee and Green Committee; and enforcing the City’s planning and building codes. The Department also provides long-range planning services (General Plan Updates) and participates in county-wide and regional planning efforts relating to land use, housing, transportation and climate action planning.

Current Planning / Development Review
The Department administers and implements land use-related provisions of the City’s Municipal Code addressing zoning, environmental protection, growth management, property subdivision, building standards and flood protection. It also processes land use and building permit applications, responds to public inquiries about zoning and entitlement permits, coordinates interdepartmental review of development applications, and prepares reports on topical land use issues for Planning Commission and City Council review.

Long Range Planning
The Department prepares and amends documents that guide public and private development activities in Calistoga including the Calistoga General Plan. It also prepares and/or coordinates special planning studies such as CDBG funding and the Development Impact Fee Study and participates in county-wide technical and planning advisory committees.

Housing Programs
The Department coordinates the city’s affordable and rehabilitation housing programs with local housing agencies and groups, including Calistoga Affordable Housing, the City of Napa Housing Authority and Napa Valley Fair Housing.

Department responsibilities include advising residents on issues relating to the Mobile Home Rent Stabilization Ordinance.

Code Enforcement
The Department enforces City regulations pertaining to land use, construction, and coordinates enforcement with other city departments.

Building Inspection and Plan Check Services
The Department is responsible for the implementation of state and local building standards for the protection of public health and safety. The Department reviews building plans and inspects all building-related activities within Calistoga to ensure compliance with adopted standards, including building and fire safety, energy 59 Item #8.5.

City of Calistoga Fiscal Year 23-24 Budget
Planning and Building Department
Planning and Building Services
efficiency and disabled accessibility. Department staff provides public assistance to facilitate building permit submittals and provide an understanding of the building permit review process. The Department coordinates permitting activities with other city departments and outside agencies.

MAJOR DEPARTMENT TASKS COMPLETED FISCAL YEAR 2022-23
 Reviewing building permits and enforcing the Mitigation Monitoring and Reporting Program (MMRP) for the Calistoga Hills resort.  Administered numerous CDBG grants to fund low-income residential rehabilitation loans, renovation of the Brannan Center (Green Church), family services, geothermal studies, etc.
 Performed inspections and issued building permits on new housing projects such as Lincoln Ave Apartments, N. Oak Townhomes and Silverado Terrace.

Finalized the Napa-Sonoma ADU Project to promote the development of ADUs in Calistoga.
 Administered numerous green initiatives (Gas Powered Leaf Blower Ban, Foodware Ordinance, etc) on behalf of the Green Committee.  Facilitated the Housing Advisory Committee and the Green Committee.  Facilitated the preparation of the new Housing Element update.

MAJOR DEPARTMENTAL GOALS FOR FISCAL YEAR 2023-24
• Continue reviewing building permits and enforcing the MMRP for the Calistoga Hills project.
• Customize report preparation to maximize the capacity of Citzenserve. • Continue to administer the low-income residential rehabilitation loan program through the City of Napa.
• Facilitate the development of housing affordable to the local workforce through implementation of the Housing Element Update and Municipal Code Amendments. • Update the Development Impact Fee Study.
• Adopt an updated building permit fee schedule.
• Update the Design Review ordinance to incorporate Objective Design Standards. • Adopt and gain State certification for the General Plan Housing Element. • Provide on-going energy and green building education for homeowners and local contractors.
• Coordinate with the Napa County Regional Climate Action Plan and formulate recommendations for City Council on local implementation policy. • Coordinate with the Chamber of Commerce on the preparation of downtown streetscape study.
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City of Calistoga Fiscal Year 23-24
Budget
Public Works
Administration, Streets, Parks and Buildings
The Mission of the Public Works Department is to provide the necessary infrastructure to maintain the quality of life expected by residents and visitors. The Department is responsible for maintenance of the streets, water treatment and distribution, wastewater collection and treatment, recycled water, storm drains, parks, City-owned streetlights and buildings, and Pioneer Cemetery. The Department serves a coordination role for solid waste collection services and public transit services. The Department provides Engineering services for capital improvement projects, entitlement approval, flood control and water supply.

Public Works Administration
Public Works Administration consists of the Director of Public Works/City Engineer, one-and-a-half Administrative Services Technicians, a Senior Civil Engineer, Associate Civil Engineer, a Maintenance Superintendent, and a Utility Systems Superintendent. The division is responsible for overall administration of all aspects of the Department including maintenance of all City owned property, streets, buildings, parks, utility operations (water, wastewater, storm water, recycled water), capital projects, and department budget administration. Public Works Administration also provides City Engineering services.

Primary activities include fulfillment of Council goals, responding to service requests and citizen inquiries, development and management of capital improvement projects, pursuing grants, reviewing plans for private development, administering the backflow prevention program, water conservation and public education, and issuing permits for encroachments, transportation and tree work.

The goal of Public Works Administration is to provide technical and administrative support needed by the Divisions within Public Works and other City Departments.

Streets
The Street Division maintains 31 lane miles of streets, 3 vehicle bridges, signs, and striping in the public street right-of-way. The Street Division, with assistance from the Utility Division, maintains, manages, and oversees the operation and permit compliance for the storm drain system.

The 2022 Pavement Management Program rated the City streets with an overall Pavement Condition Index (PCI) of 60 out of 100, putting City streets in “Fair” category. Projecting the typical funding levels of around $1 million per year, over the next five years with a $5 million investment anticipates a PCI increase of about seven points, to 67 by 2026.
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City of Calistoga Fiscal Year 23-24
Budget
Public Works
Streets (cont.), Parks, and Building Maintenance
The goal of the streets program is to maintain the City’s streets, sidewalks and bridges in a manner that protects public safety within budgetary allocations.

Services include street sweeping, street sign maintenance and replacement, striping, maintenance of City owned streetlights, pothole repair, sidewalk repair, ramp replacements, drainage ditch clearing, traffic signal maintenance, catch basin cleaning, weed abatement and downtown sidewalk cleaning. Code enforcement of street encroachments, storm drainage discharge, and sidewalk repairs is also included in this program. Asphalt overlays, seal coats and other capital pavement treatments are identified as Capital Improvement Projects elsewhere in the budget.

Parks
The goal of the parks program is to continue to maintain and improve the city parks, bike lanes and City-owned landscape to provide safe and pleasant places to play and work in the City. The Parks Division maintains the seven City parks (Logvy, Pioneer, Firemans, Heather Oaks, Tedeschi, Avila, and Chesterman), bike paths and pedestrian/bicycle bridges, public restrooms, public parking lots, and trash receptacles. This Division implements City beautification projects, installs memorial benches, and maintains landscaping at all City-owned buildings.

Public Works also provides general maintenance of the pool facility that includes repairs to plumbing/electrical, abatement of vandalism, furnishings, pest management, and landscaping. DPW bid and procured work for the pool deck to be resurfaced last year with the objective of providing a safe, reliable, and clean pool facility for the public. Since April 2012 the city has contracted pool service to Diamond Quality Pool’s specific to maintain the water quality at the pool facility that consists of pumps, chemicals, filters, boilers, and dosing equipment.

Building Maintenance
The goal of the Building Maintenance program is to provide a safe and pleasant environment for employees and the public utilizing our facilities and includes vehicle fleet maintenance. Building Maintenance provides maintenance for 11 city owned buildings plus three public bathroom structures, approximately 50,000 square feet of structures. This includes City Hall, Sharpsteen Museum, Community Center, Police and Fire Stations, Public Works, Water and Wastewater buildings, Logvy Community Pool building, the Monhoff Recreation Center and the recreational modular building. Janitorial services for the Police Department, City Hall, the Community Pool, public restrooms, and the Community Center are contracted out, while public restrooms in the parks are cleaned by in-house staff.

Fleet maintenance is provided through contracted services. 67 Item #8.5.

City of Calistoga Fiscal Year 23-24
Budget
Public Works
Major Tasks Completed
Major Streets/Parks/Buildings Tasks Completed in FY2022-23  Completed construction of Petrified Forest Road Traffic Signal.  Repaved Berry Street.
 Repaved Lower Washington.
 Installation of two 480KW generators for Rancho De Mobile Home Park  Heather Oaks pathway bid and repaved park pathway.
 Lower Washington Fence along Vine Trail
 Vine Trail constructed from Lincoln to Dog Park
 Painting of Fire Station
 Roof repair on Police Department
 Rebuilt Sharpsteen Museum Deck
 Bid and began construction of Cedar Street repaving project Spring/Lincoln  Continue design of Gateway project (Oat hill mine parking)  Car Charging obtaining grants and bid/procuring work to install.  Pilot Study of speed cushions on Grant Street for traffic calming  Completed Recreational Modular office installation at the Pool facility.  Coordinated procuring repaving work on Silverado Trail with Napa County  Completed Audio Visual Upgrade for hybrid council meeting in the Community Center.
 Procuring new street sweeper & backhoe
 Continued design of Logvy Park improvements for bocce, BBQ, pathway  Prepared Master Services Agreement Request for Qualifications  Coordination with Caltrans on Hwy 29 paving Calistoga to St Helena  Completed Mt Washington Vegetation Management work.
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City of Calistoga Fiscal Year 23-24
Budget
Major Streets/Parks/Buildings Goals for FY 2023-24
 Silverado Trail repaving Rosedale to city limits
 Microsurface road sealing project
 Complete repaving/utilities for Cedar from Spring to Lincoln  Construct Brannon Flashing beacon and improvements
 Car Charging: apply for fast charging and complete level II  Begin design of Oak Street bike/pedestrian crossing
 Continued tree and concrete work at the Pioneer Cemetery  Pool Main Heater
 Speed Cushions
 Vine trail Calistoga to St Helena
 City Hall major maintenance repairs
 Master Service Agreement
 City Hall Modular
 Community Center major maintenance repairs
 Tennis Court Lights
 Carport Cover Corp Yard
 Sidewalk repair
 Firehouse soundwall
 Maxfield retaining wall
 Pioneer Cemetery improvements
 Bid/Construct Logvy Park bocce, picnic/BBQ facility
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The Parks and Recreation Department is responsible for management and operation of the City's fitness and recreation programs, adult and senior community classes, special event permitting, City sponsored special events, facility rentals and the Aquatics programs.

Fitness and Recreation Programs
Plans, maintains, and provides recreation programming for City residents of all ages. This includes youth and adult sports leagues and workshops, adult fitness, senior fitness, summer camps, educational and leisure courses, and community service projects for teens.

Adult and Senior Community Classes
Designs, implements, and supervises adult and senior classes geared to enhancing the lives of Calistoga residents.

Special Event Permitting
Processes and coordinates special event applications for special event permits for the City. This includes filming, parades, street closures, facility rentals, park rentals, farmers market and other special events within city limits.

Special Events - City Sponsored
Plans, schedules, and carries out city-wide events in addition to providing support to other special events within city limits. City sponsored events include: City wide yard sale, safety day, movie nights, and the holiday dinner.

Aquatics Programs
Plans, programs, maintains, and provides aquatic programs at the Calistoga Community Pool. Programming includes lifeguard and swim instructor training, swim lessons, swim instruction to elementary school, recreation swimming, lifeguard training, junior lifeguard camps, lap swimming and water aerobics. The aquatics program includes a staff team of 40-50 seasonal employees. Aquatics programs are free to Calistoga residents.

Parks and Recreation Department
Programs
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MAJOR DEPARTMENT TASKS COMPLETED FISCAL YEAR 2022-23
 Continued to increase programing while maintaining low operational costs in all areas to enhance the community services for Calistoga residents  Continue to partner with Calistoga Fit to offer a full schedule of youth and adult fitness programs.
 Processed permits for special events taking place in the City of Calistoga.  Sponsored and coordinated Holiday Luncheon which served 100 residents.  Continued to promote the Calistoga Community Pool usage and accessibility for all within available resources.
 Offer training and certification for Calistoga youth to become certified lifeguards. Certified 10 students in 2022.
 Partnered with Rianda House and Up Valley Family Center to provide additional senior programming in Calistoga. Including a new bridge class  Coordinated with Cal Fire to provide access for in water training for the Boggs Mountain Helitack Crew.
 Launched a new adult pickleball class which was extremely popular with residents.
 Launched adult excursion program for senior outings to San Francisco Broadway and museums.

MAJOR DEPARTMENTAL GOALS FOR FISCAL YEAR 2023-24

1. Continue to provide excellent programs to the Calistoga Community and increase programming offerings in all areas: senior, adult, youth, and aquatics.

2. Continue the success of the Calistoga Community Swimming Pool with sufficient staffing, excellent customer service, and a variety of programming for all demographics.

3. Continue to strengthen partnerships with Calistoga Fit, Rianda House, Upvalley Family Center, Boys and Girls Club

4. Reinvigorate the Calistoga Community Holiday Dinner by offering the event on a different date where more community members would have the opportunity to attend.

5. Continue the Logvy Park Project to completion.

6. Grow a new senior program which was piloted in June 2023 to offer a weekly activity with a lunch component.

Parks and Recreation Department
Programs
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City of Calistoga Recreation Services Department
Staffing Chart
FY 2023-2024

Recreation
Services
Director
Recreation
Coordinator
Recreation
Coordinator
Specialty
Instructors
Senior Rec
Leader
(AA)
Specialty
Instructors
Senior Rec
Leader
(LGS)
Senior Rec
Leader
Senior Rec
Leader
(SI)
Admin
Aide (s)
Staff
Head
Lifeguards
Lifeguards
Swim
Instructors
Senior Rec
Leader
Facility
Attendant
Recreation
Leader
Recreation
Aide
Recreation
Leader
Recreation
Aide
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Equipment Replacement Fund
City of Calistoga Fiscal Year 23-24 Budget
Equipment Replacement
This fund is to account for all operating and maintenance costs related to the City's computer network, workstation system, maintenance of vehicles, as well as fixed and maintenance costs related to information technology that benefit all other City funds and programs. The costs associated with this fund are equitably allocated to the departments who utilize such equipment, vehicles or are the beneficiaries of contractual services that support these systems.

City staff is recommending the replacement of computers, annual software subscriptions, agenda software, fire dry suits package, general government purpose public works vehicle and equipment, parks, and recreation software. The proposed budget includes $200,000 for computer software and hardware replacements and $200,000 for the Information Technology contract. This fund will have an approximate fund balance of $1.1 million at the end of fiscal year 2023-24 for unanticipated expenditures, replacement of vehicles and reserves. 136
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Prior Year Appropriation Limit $ 132,261,067
Allowed Compounded Percentage Increase from Prior Year (1) Non-Residential Assessed Valuation Growth from FY 22-23 to 23-24 33.800% City Population Growth From January 2022 to 2023 State Dept of Finance -0.700% Compounded Percentage as an Adjustment Factor 33.100%
Annual Adjustment Amount to Appropriation Limit 43,778,413 Current Year Appropriation Limit 176,039,481
Current Year Adopted Budget Appropriations From Proceeds of Taxes (2) Proceeds of Taxes From Adopted Budget (3) 16,718,691
Less Allowable Exclusion of Certain Appropriations (3) 1,171,163 Current Year Appropriations Subject to Appropriation Limit 17,889,854 Current Year Appropriations Under the Appropriation Limit (3) $ (158,149,627) Percentage Under the Limit -90%
City of Calistoga
Appropriations Limit Calculation Summary
Fiscal Year 23-24 Adopted Budget
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City of Calistoga

APPROPRIATIONS LIMIT CALCULATION
Fiscal Year 23-24 Adopted Budget
FY 00-01 4.91 N/A 1.64 2.92 107.97022% 4,994,232
FY 01-02 7.82 5.90 -0.10 0.76 108.63943% 5,425,705
FY 02-03 -1.27 3.04 -0.32 1.09 104.16314% 5,651,585
FY 03-04 2.31 5.34 0.06 1.34 106.75156% 6,033,154
FY 04-05 3.28 22.66 -1.07 1.15 124.07059% 7,485,370
FY 05-06 5.26 10.31 0.42 1.17 111.60063% 8,353,720
FY 06-07 3.96 8.66 0.90 1.10 109.85526% 9,177,001
FY 07-08 4.42 2.10 0.95 1.23 105.70437% 9,700,491
FY 08-09 4.29 15.34 0.84 1.09 116.59721% 11,310,501
FY 09-10 0.62 46.72 1.02 1.40 148.77408% 16,827,094
FY 10-11 -2.54 -4.51 0.66 0.96 98.39562% 16,557,123
FY 11-12 2.51 -6.52 0.72 0.97 103.50435% 17,137,342
FY 12-13 3.77 47.76 0.58 0.77 148.89775% 25,517,117
FY 13-14 5.12 23.11 0.25 0.47 123.68862% 31,561,769
FY 14-15 -0.23 9.90 0.29 0.38 110.31762% 34,818,193
FY 15-16 3.82 5.15 0.79 0.94 106.13841% 36,955,476
FY 16-17 5.37 6.28 2.57 0.81 107.14087% 39,594,418
FY 17-18 3.69 14.59 0.23 0.37 115.01398% 45,539,117
FY 18-19 3.67 11.51 0.30 -0.29 111.84453% 50,933,011
FY 19-20 3.85 9.55 1.15 -0.11 110.80983% 56,438,781
FY 20-21 3.73 51.00 -0.56 -0.61 150.15440% 84,745,313
FY 21-22 5.73 15.89 -0.22 -0.80 115.63504% 97,995,278
FY 22-23 7.55 36.22 -1.59 -0.92 134.96678% 132,261,067
FY 23-24 0.70 33.80 -0.70 -0.52 133.10023% 176,039,489
[1] From State Department of Finance per Article XIII B of the California Constitution every May 1st for following Fiscal Year Appropriations Calculation. A 1991 amendment to Article XIII-B dropped use of the CPI and allowed for revising limit with PCI or Growht in non-residential assessed valuation and City or County population growth factors back to FY 87-88. The City may selection by resolution the growth factors to be used to calculate the annual Appropriations Limit. The Bold type indicate Factor used in calculation for the individual Fiscal Year. [2] Per Capita Personal Income - California 4th Quarter - Calculated by State Department of Finance [3] Determination of the annual growth in non-residential assessed valuation is from information provided by the Napa County Assessor's office and calculated by HdL Consultants to the City after FY 00-01. Application of the persent change in non-residential valuation is from the prior fiscal year change. For example the percent change applied in FY 09-10 of 46.72% was the change in non-residential valuation in FY 07-08 to 08-09. [4] Appropriations Limit calculation has been revised to correct factors and mathematical calculations in FY 09-10 and 10-11
Per Capita
Personal
Income [2]
Annual NonResidential
Assessed
Valuation
Growth to Total
Growth [3]
City County
Population and Growth Factors
(Worksheet #5 of Guidelines)
Appropriation
Limit Fiscal
Year
Percent Change Indicies [1] Percent Change in
Population [1]
Allowed Annual
Percent Growth
in Appropriations
Limit
Appropriations
Limit Amount [4]
5/25/2023 2:45 PM Copy of !Calistoga GANN Details FY 23-24 Adopted Annual Allowed Growth #5 (2) 157
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RESOLUTION NO. 2023-xxx

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

OF NAPA, STATE OF CALIFORNIA, ADOPTING THE APPROPRIATION LIMIT FOR FISCAL YEAR 2023-24 AND THE APPROPRIATIONS SUBJECT TO LIMIT FOR FISCAL YEAR 2023-24
WHEREAS, the people of California on November 6, 1979, added Article XIII-B to the State Constitution placing various limitations on the appropriations of the State and local governments; and WHEREAS, the State Legislature adopted Chapters 1205 and 1342 of the 1980 Statutes which implemented Article XIII-B; and
WHEREAS, the people of California on June 5, 1990 amended Article XIII-B effective July 1, 1990; and
WHEREAS, the provisions of the amendments have been interpreted by a coalition of statewide organizations, and the organizations have issued through the League of California Cities revised guidelines to recalculate the appropriations limit; and WHEREAS, the Government Code provides the process in which to calculate the appropriations limit and requires cities to adopt a resolution setting the annual appropriation limit; and WHEREAS, the City has complied with the provisions of Article XIII-B in determining the appropriations limit for Fiscal Year 2023-24;

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. The annual adjustment factors used to calculate the FY 2023-24 appropriations limit shall be the change in non-residential assessed valuation percentage 33.8% and January 2023 City population- .70%.

Section 2. The FY 2023-24 appropriation limit shall be $176,069,481.

Section 3. The FY 2023-24 final appropriations subject to the appropriation limit is $17,889,854.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Calistoga at a regular meeting held on the 6th day of June 2023.

I, Yudiana Galvan, City Clerk of the City of Calistoga, hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Calistoga at a regular meeting held on the 20th day of June 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:
____________________________ _____________________________ Item #8.5.

Resolution No. 2020-045

Yudiana Galvan, City Clerk (Interim) Donald Williams, Mayor Item #8.5.

Item #8.5.

Item #8.5.

Prior Year Appropriation Limit $ 132,261,067
Allowed Compounded Percentage Increase from Prior Year (1) Non-Residential Assessed Valuation Growth from FY 22-23 to 23-24 33.800% City Population Growth From January 2022 to 2023 State Dept of Finance -0.700% Compounded Percentage as an Adjustment Factor 33.100%
Annual Adjustment Amount to Appropriation Limit 43,778,413 Current Year Appropriation Limit 176,039,481
Current Year Adopted Budget Appropriations From Proceeds of Taxes (2) Proceeds of Taxes From Adopted Budget (3)
16,718,691
Less Allowable Exclusion of Certain Appropriations (3) 1,171,163 Current Year Appropriations Subject to Appropriation Limit 17,889,854 Current Year Appropriations Under the Appropriation Limit (3) $ (158,149,627) Percentage Under the Limit -90%
City of Calistoga
Appropriations Limit Calculation Summary
Fiscal Year 23-24 Adopted Budget
Item #8.5.

City of Calistoga

APPROPRIATIONS LIMIT CALCULATION
Fiscal Year 23-24 Adopted Budget
FY 00-01 4.91 N/A 1.64 2.92 107.97022% 4,994,232
FY 01-02 7.82 5.90 -0.10 0.76 108.63943% 5,425,705
FY 02-03 -1.27 3.04 -0.32 1.09 104.16314% 5,651,585
FY 03-04 2.31 5.34 0.06 1.34 106.75156% 6,033,154
FY 04-05 3.28 22.66 -1.07 1.15 124.07059% 7,485,370
FY 05-06 5.26 10.31 0.42 1.17 111.60063% 8,353,720
FY 06-07 3.96 8.66 0.90 1.10 109.85526% 9,177,001
FY 07-08 4.42 2.10 0.95 1.23 105.70437% 9,700,491
FY 08-09 4.29 15.34 0.84 1.09 116.59721% 11,310,501
FY 09-10 0.62 46.72 1.02 1.40 148.77408% 16,827,094
FY 10-11 -2.54 -4.51 0.66 0.96 98.39562% 16,557,123
FY 11-12 2.51 -6.52 0.72 0.97 103.50435% 17,137,342
FY 12-13 3.77 47.76 0.58 0.77 148.89775% 25,517,117
FY 13-14 5.12 23.11 0.25 0.47 123.68862% 31,561,769
FY 14-15 -0.23 9.90 0.29 0.38 110.31762% 34,818,193
FY 15-16 3.82 5.15 0.79 0.94 106.13841% 36,955,476
FY 16-17 5.37 6.28 2.57 0.81 107.14087% 39,594,418
FY 17-18 3.69 14.59 0.23 0.37 115.01398% 45,539,117
FY 18-19 3.67 11.51 0.30 -0.29 111.84453% 50,933,011
FY 19-20 3.85 9.55 1.15 -0.11 110.80983% 56,438,781
FY 20-21 3.73 51.00 -0.56 -0.61 150.15440% 84,745,313
FY 21-22 5.73 15.89 -0.22 -0.80 115.63504% 97,995,278
FY 22-23 7.55 36.22 -1.59 -0.92 134.96678% 132,261,067
FY 23-24 0.70 33.80 -0.70 -0.52 133.10023% 176,039,489
[1] From State Department of Finance per Article XIII B of the California Constitution every May 1st for following Fiscal Year Appropriations Calculation. A 1991 amendment to Article XIII-B dropped use of the CPI and allowed for revising limit with PCI or Growht in non-residential assessed valuation and City or County population growth factors back to FY 87-88. The City may selection by resolution the growth factors to be used to calculate the annual Appropriations Limit. The Bold type indicate Factor used in calculation for the individual Fiscal Year. [2] Per Capita Personal Income - California 4th Quarter - Calculated by State Department of Finance [3] Determination of the annual growth in non-residential assessed valuation is from information provided by the Napa County Assessor's office and calculated by HdL Consultants to the City after FY 00-01. Application of the persent change in non-residential valuation is from the prior fiscal year change. For example the percent change applied in FY 09-10 of 46.72% was the change in non-residential valuation in FY 07-08 to 08-09. [4] Appropriations Limit calculation has been revised to correct factors and mathematical calculations in FY 09-10 and 10-11
Per Capita
Personal
Income [2]
Annual NonResidential
Assessed
Valuation
Growth to Total
Growth [3]
City County
Population and Growth Factors
(Worksheet #5 of Guidelines)
Appropriation
Limit Fiscal
Year
Percent Change Indicies [1] Percent Change in
Population [1]
Allowed Annual
Percent Growth
in Appropriations
Limit
Appropriations
Limit Amount [4]
5/25/2023 2:45 PM Copy of !Calistoga GANN Details FY 23-24 Adopted Annual Allowed Growth #5 (2) Item #8.5.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Rachel Melick, Parks & Recreation Director
Meeting: City Council - Jun 20 2023
Subject: Community Enrichment Grants for Fiscal Year 2023-24 DESCRIPTION:

Consider adopting a Resolution awarding Fiscal Year 2023-24 Community Enrichment Grants.

RECOMMENDATION:

Consider Adopting Resolution
BACKGROUND/SUMMARY:

The City Council established objectives for the Fiscal Year 2023-24 Community Enrichment Grant (CEG) Program through the adoption of Resolution No. 2023-023 (Attachment 2) and established a review subcommittee consisting of Vice Mayor Irais Lopez-Ortega and Councilmember Scott Cooper.

The established objectives were used in evaluating the funding requests.

Staff notified the public of available Community Enrichment Grant applications to non-profit groups and received 10 requests seeking cash and in-kind funding in the amount of $119,500 for Fiscal Year 2023-24. The FY 2023-24 Budget includes cash contributions for CEGs up to $25,000.

The subcommittee met to evaluate the CEG requests against the objectives outlined in Resolution No. 2023-023 (Attachment 2). The subcommittee recognized the value of each of the requests and was confronted with funding requests beyond the available budget.

The subcommittee is recommending despite the value of each request the original budgeted amount of $25,000 should remain. Accordingly, the subcommittee recommends the following for funding:

Applicant / Program Award
Brannan Center/Brannan Center
Rehabilitation $3,000
Calistoga Art Center/Art Enrichment
Scholarships $2,500
Calistoga fourth of July Parade and Social $1,500
Calistoga Spay/Neuter Program/Wine
Country Animal Lovers $2,500
Calistoga Senior Community
Programming / Rianda House $2,500
Hearts and Hands Preschool $6,000
Upstage Napa Valley Community Theatre $1,000
Item #9.1.

UpValley Family Centers/Enrichment
Programs $6,000
Total: $25,000
CEQA STATUS:

This item is exempt.

FINANCIAL IMPACT:

The FY 2023-24 Budget contains $25,000 in funding for this program. The total amount will be awarded in Community Enrichment Grants in the General Fund account 01-4107-4447.

ATTACHMENT(S):
2023-XXX Awarding Community Enrichment Grants FY 23-24
2023-023 Establishing Objectives Community Enrich Grants FY 23-24 APPROVAL(S):

Nitish Sharma Approved - Jun 08 2023
Laura Snideman, City Manager Approved - Jun 11 2023
Yudiana Galvan, Interim City Clerk Approved - Jun 12 2023 Item #9.1.

RESOLUTION NO. 2023-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA,

COUNTY OF NAPA, STATE OF CALIFORNIA, AWARDING COMMUNITY ENRICHMENT GRANTS FOR FISCAL YEAR 2023-24
WHEREAS, community service and community serving programs have long been a tradition in Calistoga; and
WHEREAS, the City Council has supported such activity in the past; and WHEREAS, the City Council intends to provide financial support to activities which enrich the community; and
WHEREAS, City Council adopted the General Fund Operating Budget for Fiscal Year 2023-24 including up to $25,000 (Account No. 01-4107) for the Community Enrichment Grant Program; and
WHEREAS, the City Council has adopted Resolution No. 2022-023 establishing the Community Enrichment Grant objectives which was used for the recommendation to award funding for Fiscal Year 2023-24; and WHEREAS, applications for grant funding through the Community Enrichment Grant Program have been received and reviewed by the City Council appointed subcommittee consisting of Vice Mayor Lopez-Ortega and Councilmember Cooper.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY approves the following grant awards for Fiscal Year 2023-24:

Applicant / Program Award
Account
No. 01-
4107-
Brannan Center/Brannan Center Rehabilitation $3,000 New Calistoga Art Center/Art Enrichment Scholarships $2,500 New Calistoga fourth of July Parade and Social $1,500 4447
Calistoga Spay/Neuter Program/Wine Country Animal Lovers $2,500 New Calistoga Senior Community Programming / Rianda House $2,500 4552 Hearts and Hands Preschool $6,000 4551
Upstage Napa Valley Community Theatre $1,000 New
UpValley Family Centers/Enrichment Programs $6,000 4479 Total: $25,000
Item #9.1.

PASSED, APPROVED AND ADOPTED this 20th day of June 2023.

I, YUDIANA GALVAN, 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:
____________________________
__________________________
Yudiana Galvan, City Clerk Don Williams, Mayor
Item #9.1.

RESOLUTION NO. 2023-023

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

OF NAPA, STATE OF CALIFORNIA, ESTABLISHING OBJECTIVES FOR THE 2023-24 COMMUNITY ENRICHMENT GRANT PROGRAM UNDER ACCOUNT NUMBER 01-4107
WHEREAS, community service and community serving programs have long been a tradition in Calistoga; and
WHEREAS, the City Council has supported such activity in the past; and WHEREAS, the City Council intends to provide financial support to activities which enrich the Calistoga community; and
WHEREAS, the City Council has identified enrichment objectives for the award of grant funds; and
WHEREAS, the City Council has adopted a Community Enrichment Grant Program for the evaluation of requests from non-profit groups.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE

CITY OF CALISTOGA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. The following objectives are established for grant funding :

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

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

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

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

1. Provide services to the elder community.

2. Provide services to youth in the community.

3. Enhance the appearance of the community.

4. Expand services to members of the entire community.

5. Provide local environmental enhancements.

6. Priority will be given to innovative ideas that serve the community.

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

Item #9.1.

Resolution No. 2023-23

PASSED, APPROVED AND ADOPTED this 4th day of April 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:

Councilmembers Cooper, Eisenberg, and Gift, Vice Mayor LopezOrtega and Mayor Williams None
None
None
APPROVED:
~~~
Item #9.1.