Mayor
Donald Williams
Vice Mayor
Irais Lopez-Ortega
Councilmembers
Lisa M. Gift
Scott Cooper
Kevin Eisenberg
AGENDA
City Council
Tuesday, July 18, 2023 - 6:00 PM
Hybrid
Pursuant to Government Code Section 54953 - Councilmember Eisenberg will participate remotely from 1703 Edgecumbe Drive, Sitka Alaska
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 -
https://us02web.zoom.us/j/89625676730?pwd=ajc5UElZa3Y2cjdsWUgrVEhyUS9WZz09 and enter password: 123201
4. Watch online via YouTube Live at youtube.com/cityofcalistoga
5. In Person – 1307 Washington Street - Community Center 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/PLEDGE OF ALLEGIANCE 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 7.18.23 1
Public Comment 7.18.23 2
Public Comment 7.18.23 3
Public Comment 7.18.23 4
Public Comment 7.18.23 5
Public Comment 7.18.23 6
Public Comment 7.18.23 7
Public Comment 7.18.23 8
Public Comment 7.18.23 9
Public Comment 7.18.23 10
4. ADOPTION OF MEETING AGENDA
5. CITY MANAGER’S REPORT
6. PROCLAMATIONS/PRESENTATIONS/ AWARDS
6.1. Updating the City Council on the Vine Trail Project by the Napa Valley Transportation Authority (NVTA).
Recommended Action:
No action by the City Council necessary, just receive the presentation.
Staff Report - Napa Valley Transportation Authority (NVTA) Project - Vine Trail from St. Helena to Calistoga Update - Pdf
7 - 17
7. CONSENT CALENDAR
7.1. Consideration of a resolution (Attachment 1) authorizing the City Manager to execute Amendment No. 1 to Authorizing Agreement No. 873 (Attachment 2) with First Carbon Solutions to prepare an Environmental Impact Report as part of the CEQA analysis.
Recommended Action: Adopt the attached resolution.
Staff Report - Amendment to Consultant Services Authorizing Agreement No. 873 Yellow Rose Ranch – CEQA Environmental Impact Report - Pdf
18 - 32
7.2. Consideration of a Resolution Accepting a Donation from Pam Kinzie for a Memorial Bench and Approving a Budget Adjustment in the Amount of $4,457.
Recommended Action:
Consider adopting the resolution and approving a budget adjustment.
Staff Report - Consideration of a Resolution Accepting a Donation for a Memorial Bench and Approving a Budget Adjustment - Pdf
33 - 41
7.3. Consideration of a Resolution Accepting a Notice of Completion for the Rancho De Calistoga Sewer Line Bank Stabilization Project. 42 - 46
Recommended Action: Consider adopting the resolution.
Staff Report - Notice of Completion - Rancho De Sewer Line Bank Stabilization - Pdf
7.4. Consider a contract with Marin IT to provide on-site and remote information technology services.
Recommended Action: Consider authorizing the City Manager to execute the contract with Marin IT to provide services to maintain and update the City's information technology infrastructure including but not limited to on-site and remote support and maintenance, subscription service, annual maintenance renewal and computer replacements.
Staff Report - Marin IT Contract - Pdf
47 - 75
7.5. Consideration of a resolution approving a Consultant Services Agreement to Tall Tree Engineering Inc. for construction inspection and material testing services for Cedar Street Utility Replacement and Pavement Rehabilitation Project (Spring Street to Lincoln Avenue) and authorizing the Public Works Director to execute the agreement on behalf of the City of Calistoga.
Recommended Action:
Consider adopting the resolution.
Staff Report - Award a Consultant Services Agreement to Tall Tree Engineering Inc. in an Amount Not to Exceed $73,200 - Pdf 76 - 92
7.6. Consideration of a Resolution that:
1. Conditionally awards a construction contract to Pavement Coatings Co. for the 2023 Slurry Seal Project Phase I (Project) in an amount not to exceed $593,175, subject to Pavement Coatings Co. providing all documents in satisfaction of the bid award requirements.
2. Approves the Project construction budget in the amount of $712,000 that includes a contingency of 20% for change orders and special inspections and authorizes the Public Works Director to negotiate and approve contract change orders, and contract with a special inspections firm, up to the approved construction budget amount.
3. Authorizes the City Manager to execute the Project contract on behalf of the City of Calistoga.
4. Directs staff to issue a notice of award to Pavement Coatings Co. and otherwise administer the Project.
5. In the event Pavement Coatings Co. is unable to meet the conditions of the award, the construction contract will be awarded to the second lowest bidder Dryco Construction Co. Award conditioned upon Dryco Construction Co. providing all documents in satisfaction of the bid award requirements.
Recommended Action:
93 - 104
Consider adopting the resolution.
Staff Report - Award a Construction Contract to Pavement Coatings Co. in an Amount Not to Exceed $593,175 - Pdf
7.7. Ground lease for .7 acres of City property with Energy Vault, Inc. for the purpose of building, maintaining and operating an energy microgrid.
Recommended Action: Consider authorizing the City Manager to execute a lease for .7 acres of City property with Energy Vault, Inc.
Staff Report - Lease of City property with Energy Vault, Inc. - Pdf 105 - 129
8. PUBLIC HEARING
8.1. Consideration of a resolution authorizing the levying and collection of assessments for the Palisades Landscape Maintenance District for Fiscal Year 2023-24.
Recommended Action:
Conduct a public hearing and consider adoption of a resolution approving the assessment amount and authorizing the levying and collection of assessments for Fiscal Year 2023-24.
Staff Report - Consideration of a Resolution Authorizing the Levying and Collection of Assessments for the Palisades Landscape Maintenance District fo - Pdf
130 - 148
8.2. Consideration of a Resolution authorizing the levying and collection of assessments for the Silverado Place Landscape Maintenance District for Fiscal Year 2023-24.
Recommended Action:
Conduct a public hearing and consider adoption of a resolution approving the assessment amount and authorizing the levying and collection of assessments for Fiscal Year 2023-24.
Staff Report - Consideration of a Resolution Authorizing the Levying and Collection of Assessments for the Silverado Place Landscape Maintenance Distr - Pdf
149 - 162
8.3. "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
163 - 169
8.4. Public hearing regarding proposed adoption of resolution amending the Book of Fees for Building Service Fees.
Recommended Action:
Conduct a public hearing then consider adopting the resolution amending the Book of Fees for Building Services Fees.
Staff Report - Book of Fees Amendment for Building Service Fees - Pdf 170 - 175
8.5. 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).
176 - 649
Recommended Action:
Consider adopting the attached two Resolutions:
• Attachment 1. Adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (Attachment 1, Exhibit A).
• Attachment 2. Adopting a General Plan Amendment to repeal the 2015-2023 Housing Element and adopting the Housing Element of the General Plan for the period of 2023-2031 with findings that it substantially complies with the State Housing Element Law (Attachment 2, Exhibit A).
Staff Report - Adoption of CEQA Mitigated Negative Declaration and General Plan Amendment (GPA 2023-1) for the 2023-2031 Housing Element Update - Pdf
9. GENERAL GOVERNMENT
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.
SUPPLEMENTAL MATERIAL RECEIVED AFTER THE POSTING OF THE AGENDA:
Any supplemental writings or documents distributed to a majority of the City Council regarding any item on this Agenda, after the posting of the Agenda, such writings or documents will be made available on the City’s website and will be available for public review in the City Clerk’s Office located at 1232 Washington Street, Calistoga, California, during normal business hours and by appointment.
AMERICANS WITH DISABILITIES ACT: The City can provide special assistance for persons with disabilities to participate in public meetings. To make a request for disability-related modification or accommodation please contact the City Clerk at [email protected] or (707) 942-2807. If you need assistance or accommodation, please provide notice at least 48 hours prior to the meeting. For TTY/ Speech-to-Speech users, dial 7-1-1 for the California Relay Service, offering free text-to-speech, speech-to-speech, and Spanish language services 24 hours a day, 7 days a week.
Se les pide por favor que avise con 48 horas de anticipación cuando haga un pedido para asistencia. Esto les da suficiente tiempo antes de la junta para permitir que la ciudad tome medidas razonables.
POSTING: I declare a copy of this agenda was posted at City Hall, 1232 Washington Street, Calistoga, among other locations in the city limits of Calistoga, on July 12, 2023, by 4:30 p.m.
Yudiana Galvan, Interim City Clerk
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Hamid Heidary, Senior Civil Engineer
Meeting: City Council - Jul 18 2023
Subject: Napa Valley Transportation Authority (NVTA) Project - Vine Trail from St.
Helena to Calistoga Update
DESCRIPTION:
Updating the City Council on the Vine Trail Project by the Napa Valley Transportation Authority (NVTA).
RECOMMENDATION:
No action by the City Council necessary, just receive the presentation.
BACKGROUND/SUMMARY:
NVTA staff has prepared a presentation (see enclosed) to present an update of the Vine Trail – St.
Helena to Calistoga Project.
CEQA STATUS:
The recommended action is not a project under the definitions contained in the Guidelines of the California Environmental Quality Act (CEQA) and is therefore exempt from CEQA.
ATTACHMENT(S):
1. PowerPoint Presentation
APPROVAL(S):
Nitish Sharma Approved - Jul 05 2023
Laura Snideman, City Manager Approved - Jul 11 2023
Yudiana Galvan, Interim City Clerk Approved - Jul 11 2023 Item #6.1.
Project Update: Vine Trail – St
Helena To Calistoga
CITY OF CALISTOGA COUNCIL
JULY 18, 2023
Grant Bailey, P.E./Program Manager – Engineer
ATTACHMENT 1
Item #6.1.
Project Overview
2 • 8.2 Mile Segment of
Vine Trail
• Class I Bike and
Pedestrian Facility
• Connect to Bothe State
Park and Bay Area Ridge
Trail
• Southern Terminus: St
Helena at Pratt Ave
(Reach 1)
• Northern Terminus:
Calistoga at Lincoln &
Fairway (Reach 7)
• https://www.vinetrail.org
Item #6.1.
Achievements & Challenges
3 Achievements
• Obtained $13.7M in grant
funding for $17.7M project (all
phases)
• July 2022: Groundbreaking
• September 2022: Reach 7 paving
• April 2023: Winter/Utility
Suspension Lifted
Challenges
• PGE Gas Pipe project
• Unforeseen utility conflicts
• Grade discrepancies
• Weather – 4 months of rain
delay
Item #6.1.
Pre-Construction Funding
4 • Previous Project Phases:
• Environmental
• Right of Way
• Plans, Specifications & Estimate
Contributor Funding Contribution
County of Napa $750,000
City of Calistoga $321,000
City of St Helena $320,000
Napa Valley Vine Trail Coalition
(Private Philanthropy)
$1,640,000
Grant Funding $260,000
Total Preconstruction Funding $3,291,000
Item #6.1.
Construction Funding
5 Contributor Funding Contribution
Transportation Development Act (TDA) $2,140,000
Bay Area Ridge Trail $125,000
One Bay Area Grant 2 Program $2,917,000
Active Transportation Program Grant
(ATP)
$6,106,000
Napa Valley Vine Trail Coalition
(Private Philanthropy)*
$1,142,000
Napa County STIP Swap $2,000,000
Total Construction Funding $14,430,000
*NVVTC also purchased site amenities such as mile markers and shelter structures at a cost of ~$285,000
Item #6.1.
Construction Budget
6 Item Cost
Total Available Funding $14.4M
Base Construction Cost $12.6M
Construction Contingency (~5%) $616,000
Construction Support $1.2M
Current Available Contingency (as of June 15, 2023) ~$350,000 Realized Cost Savings To Date ~$450,000
Item #6.1.
Additional Funding Need
7 • Forecasted Additional Need: $500,000 –$800,000
• Allocation based on previous funding agreements
• Doubles contingency to the typical 10%
• Request does not assume PGE pays claim
• Will only invoice for actual expense
Contributor Percent
Share
County of Napa 37%
Calistoga 19%
St Helena 19%
Vine Trail Coalition 25%
Item #6.1.
Schedule
8 *Unforeseen issues could delay opening
April 2023 Work resumes following winter/utility suspension June 2023 Resume work on box culverts & three bridge structures July 2023 Target reach 7 (Calistoga) soft opening
September 2023 Trail Paving
October 2023 Final safety features and trail elements installed November 2023* Grand Opening
Item #6.1.
Trail Opening Plan
9 • Please stay off the trail segments until they are open in November! • Important for public safety
• Outreach is ongoing
• Ghilotti Construction will provide barricades and fencing • NVVTC Volunteer Trail Ambassadors riding SR29 along corridor on the weekends will provide friendly reminders
• NVTA & NVVTC Websites include updated communication on Trail Closure and Construction
• Open Space District – Bothe State Park will distribute information to all park guests
• Calistoga and St Helena Chambers will have maps and public information available to remind guests that the trail remains closed until November • Coordinating with public information officers
• Enforcement – CHP/Napa Sherriff/Calistoga PD on patrol • Enjoy a safe place to walk and roll
Item #6.1.
Thank You!
Q&A
www.vinetrail.org
Grant Bailey, P.E.
[email protected]
707-259-5951
Item #6.1.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Jeff Mitchem, Planning & Building Director
Meeting: City Council - Jul 18 2023
Subject: Amendment to Consultant Services Authorizing Agreement No. 873 Yellow Rose Ranch – CEQA Environmental Impact Report
DESCRIPTION:
Consideration of a resolution (Attachment 1) authorizing the City Manager to execute Amendment No. 1 to Authorizing Agreement No. 873 (Attachment 2) with First Carbon Solutions to prepare an Environmental Impact Report as part of the CEQA analysis.
RECOMMENDATION:
Adopt the attached resolution.
BACKGROUND/SUMMARY:
First Carbon Solutions was selected to provide an Environmental Impact Report for the Yellow Rose Ranch project and authorized by Authorizing Agreement No. 873 (Attachment 3) entered into February 25, 2021.
ANALYSIS:
Though the project description for Yellow Rose Ranch has not changed, due to additional costs related to work requested by the Applicant, TTLC Calistoga, LLC - Yellow Rose Ranch (Exhibit A of Attachment 2) and authorized by the City, both parties agree it is necessary to amend the original contract and not-to-exceed amount of $193,495.
CEQA STATUS:
Expanded services necessary to prepare an Environmental Impact Report for CEQA compliance.
FINANCIAL IMPACT:
Compensation shall be $19,800 (Exhibit B of Attachment 2) will be paid for by the developer through an existing Developer Deposit Account (42-2220-0318).
ATTACHMENT(S):
ATTCH 1 CC Resolution
ATTCH 2 - FCS Contract 873 - Amendment No. 1
ATTCH 3 - 873 - PSA FirstCarbon Solutions - Yellow Rose Ranch - Environmental Review Services - City Executed
Item #7.1.
APPROVAL(S):
Nitish Sharma Approved - Jul 05 2023
Laura Snideman, City Manager Approved - Jul 07 2023
Yudiana Galvan, Interim City Clerk Approved - Jul 10 2023 Item #7.1.
ATTACHMENT 1
RESOLUTION NO. 2023-XXX
Authorizing Amendment No. 1
to Consultant Services Authorizing Agreement No. 873
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AMENDMENT TO CONSULTANT SERVICES AUTHORIZING AGREEMENT NO. 873 WITH FIRST CARBON SOLUTIONS TO PREPARE AN ENVIRONMENTAL IMPACT
REPORT FOR THE YELLOW ROSE RANCH PROJECT AS PART OF THE CEQA ANALYSIS WHEREAS, the City of Calistoga, Planning and Building Department received a Vesting Tentative Map application on January 19, 2021 to develop 46 single-family homes on an approximately 46.3-acre site located at 2650 Foothill Blvd (SR 29/128);
WHEREAS, On February 25, 2021 the Interim City Manager executed a Consultant Contract with FirstCarbon Solutions (“Consultant”) to prepare an Environmental Impact Report (EIR) for the Yellow Rose Ranch Project; and
WHEREAS, Consultant has incurred additional costs related to expanded services requested by the Applicant, TTLC Calistoga LLC described in Exhibit A of Amendment to Professional Services Agreement (Attachment 2 to the Staff Report); and
WHEREAS, Consultant hereby warrants to the City that Consultant is skilled and able to provide such expanded services; and
WHEREAS, City desires authorize expanded services to Consultant pursuant to Exhibit A of Amendment to Professional Services Agreement (Attachment 2 to the Staff Report); and WHEREAS, the Applicant, True Life Companies shall be responsible for fee reimbursement not to exceed $19,800 as conveyed in Exhibit B of Amendment to Professional Services Agreement (Attachment 2 to the Staff Report); and
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Calistoga that the City Manager is hereby authorized to execute a Consulting Services Agreement between First Carbon Solutions and the City of Calistoga for the services; and
BE IT FURTHER RESOLVED that all terms, conditions, and covenants of said Agreement be, and the same are, hereby approved, ratified, and confirmed.
PASSED, APPROVED AND ADOPTED this 18th day of July 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:
ABSTAIN:
ABSENT:
ATTEST:
_________________________ ___________________________
Yudiana Galvan, Interim City Clerk DONALD WILLIAMS, Mayor Item #7.1.
AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
Environmental Review Services for The Yellow Rose Ranch Project Amendment No. 1 to Authorizing Agreement No. 873
This Amendment No. 1 (“Amendment”) to Authorizing Agreement No. 873 (“Agreement”) is dated this 18th day of July 2023, by and between the City of Calistoga, herein called the "City", and FirstCarbon Solutions (FCS), herein called the "Consultant".
RECITALS
A. City and Consultant entered into the Agreement effective February 25, 2021, by which the Consultant agreed to provide environmental review services more particularly described in the Agreement, and that cost recovery charges were not to exceed $193,495.00.
B. Due to additional anticipated costs related to work requested by the Applicant, TTLC Calistoga, LLC - Yellow Rose Ranch (Exhibit A) and authorized by the City, both parties agree it is necessary to amend the Agreement to reissue the original contract and not-to-exceed amount for fiscal year 2023-24.
AGREEMENT
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Not to Exceed Amount. This amendment reissues the consultant’s not-toexceed budget for non-cost recovery items for a total of $19,800 (Exhibit B) for fiscal year 2023-24.
2. Incorporation by Reference. This Amendment hereby incorporates by reference all terms and conditions set forth in the Agreement, unless specifically modified by this Amendment. All terms and conditions set forth in the Agreement which are not specifically modified by this Amendment shall remain in full force and effect.
IN WITNESS WHEREOF, the City and Consultant have executed this Agreement as of the date first above written.
CITY OF CALISTOGA FIRSTCARBON SOLUTIONS
By: By: _________
Laura Snideman, City Manager Mary Bean, Vice President
ATTACHMENT 2 Item #7.1.
EXHIBIT A
Item #7.1.
Item #7.1.
EXHIBIT B-1
Labor Hourly Rates
Item #7.1.
Item #7.1.
Item #7.1.
Item #7.1.
Item #7.1.
Item #7.1.
Item #7.1.
Item #7.1.
Item #7.1.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Jul 18 2023
Subject: Consideration of a Resolution Accepting a Donation for a Memorial Bench and Approving a Budget Adjustment
DESCRIPTION:
Consideration of a Resolution Accepting a Donation from Pam Kinzie for a Memorial Bench and Approving a Budget Adjustment in the Amount of $4,457.
RECOMMENDATION:
Consider adopting the resolution and approving a budget adjustment.
BACKGROUND/SUMMARY:
The Public Works Department has received an offer from Pam Kinzie for a donation in the amount of $4,457.30 to purchase and install a six-foot memorial bench with an engraved plaque memorializing Loris (Bryant) Innis and Orland Innis. She has requested that the bench be installed at Pioneer Park on the lawn at the eastside of the playground.
Cost of Bench and Installation
6’ Cast Bench, Steel Seat, black powder coat $1,596.00
Zinc Etched Plaque 395.00
Napa Co Tax 7.75% 154.30
Estimated Freight 650.00
Installation by Public Works Staff 1,662.00
Total Donation $4,457.30
CEQA STATUS:
The recommended action is not a project under the definitions contained in the Guidelines of the California Environmental Quality Act (CEQA) and is therefore exempt from CEQA.
Item #7.2.
FINANCIAL IMPACT:
The acceptance of the donation requires a budget adjustment in the amount of $4,457 to account 01- 3289 and the expenditure of the donation to purchase and install the memorial bench from account 01-4123-4401.
ATTACHMENT(S):
1. Draft Resolution
2. Ross Recreation Quote
3. Photo of Site
Item #7.2.
ATTACHMENT 1
RESOLUTION 2023-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF
NAPA, STATE OF CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF A
DONATION FROM PAM KINZIE TO PURCHASE AND INSTALL A MEMORIAL
BENCH MEMORIALIZING LORIS (BRYANT) INNIS AND ORLAND INNIS AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $4,457
WHEREAS, the Public Works Department has received an offer for a donation in the amount of $4,457.30 from Pam Kinzie to purchase and install a six-foot memorial bench memorializing Loris (Bryant) Innis & Orland Innis; and WHEREAS, staff has determined that the funds would be sufficient to purchase and install a six-foot memorial bench at Pioneer Park on the lawn at the eastside of the playground; and
WHEREAS, the Public Works Department recommends acceptance of the donation and approval of the bench installation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CALISTOGA DOES HEREBY find the following:
1. The City Council of the City of Calistoga hereby authorizes the acceptance of a donation in the amount of $4,457.30 from Pam Kinzie for the purchase and installation of a six-foot memorial bench to be installed at Pioneer Park on the lawn at the eastside of the playground.
2. The City Council of the City of Calistoga hereby approves a budget adjustment in the amount of $4,457 to account 01-3289 and the expenditure of the donation to purchase and install the memorial bench from account 01-4123-4401.
PASSED, APPROVED AND ADOPTED this 18th day of July, 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 Donald Williams, Mayor Item #7.2.
ATTACHMENT 2 Item #7.2.
Item #7.2.
Item #7.2.
Item #7.2.
Item #7.2.
ATTACHMENT 3
Item #7.2.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Jul 18 2023
Subject: Notice of Completion - Rancho De Sewer Line Bank Stabilization DESCRIPTION:
Consideration of a Resolution Accepting a Notice of Completion for the Rancho De Calistoga Sewer Line Bank Stabilization Project.
RECOMMENDATION:
Consider adopting the resolution.
BACKGROUND/SUMMARY:
On September 6, 2022, the City Council approved a construction budget in an amount not to exceed $125,000 and awarded a contract in the amount of $107,453 to Diamond D Construction LLC, for construction of the Rancho De Calistoga Sewer Line Bank Stabilization Project. The Notice to Proceed was issued on September 27, 2022. The construction of the Rancho De Calistoga Sewer Line Bank Stabilization Project was substantially completed on May 4, 2023, in conformance with approved plans and specifications.
Staff recommends that the project constructed by Diamond D Construction, LLC be accepted as complete, and the Council adopt the Resolution. Additionally, staff is requesting a budget adjustment to cover the additional project costs.
CEQA STATUS:
The recommended action is not a project under the definitions contained in the Guidelines of the California Environmental Quality Act (CEQA) and is therefore exempt from CEQA.
FINANCIAL IMPACT:
The total construction cost was $123,564 which was within the approved construction budget of $125,000. Construction expenses included the construction contract of $107,453, three change orders with a net reduction of $5,589, and construction management/inspection costs of $21,700 (i.e. $123,564 = $107,453 - $5,589 + $21,700).
There were significant design and permitting costs that exceeded the project’s capital budget totaling $35,545.27. The environmental permits were obtained after construction award, and there were several bank stabilization design revisions that had to be made for the project to comply with the mitigation measures required by the CDFW 1600 permit, Regional Water Quality Control Board 401 permit and Army Corp Nation Wide Permit. A substantial portion of the additional cost was to hire biological and cultural monitors during construction to comply with permit requirements.
Item #7.3.
Staff is requesting a budget adjustment be made to make up the budget shortfall. The additional funds would come from the unused project budget, in the amount of $1,436.00 Account #13-5478-4915, in addition to unused CIP sewer main replacement funds, in the amount of $34,109.27 Account #03- 5555-4915.
ATTACHMENT(S):
1. Draft Resolution
2. Notice of Completion
Item #7.3.
ATTACHMENT 1
RESOLUTION NO. 2023-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF
NAPA, STATE OF CALIFORNIA ACCEPTING AS COMPLETE THE RANCHO DE
CALISTOGA SEWER LINE BANK STABILIZATION PROJECT, CONSTRUCTED BY
DIAMOND D CONSTRUCTION, LLC AND AUTHORIZING THE PUBLIC WORKS
DIRECTOR TO FILE A NOTICE OF COMPLETION
WHEREAS, the City of Calistoga entered into a contract on September 8, 2022, with Diamond D Construction, LLC for the Rancho De Calistoga Sewer Line Bank Stabilization Project; and
WHEREAS, Diamond D Construction, LLC has completed the work required by the contract on May 4, 2023, to the satisfaction of the City Engineer; and WHEREAS, the City Council now desires to accept the Project as complete; and WHEREAS, staff is requesting the City Council approve a budget adjustment in the amount of $34,109.27 to cover the additional project costs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY find the following:
1. Accepts as complete the work for the Rancho De Calistoga Sewer Line Bank Stabilization Project constructed by Diamond D Construction, LLC.
2. Authorizes the Public Works Director to file a Notice of Completion with the Napa County Recorder and process final payment in accordance with the Contract documents.
3. Authorizes a budget adjustment be made from unused CIP sewer main replacement funds, in the amount of $34,109.27, Account #03-5555-4915.
PASSED, APPROVED AND ADOPTED this 18th day of July, 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:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
______________________________ ____________________________ Yudiana Galvan, Interim City Clerk Donald Williams, Mayor Item #7.3.
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF CALISTOGA
1232 WASHINGTON STREET
CALISTOGA, CA 94515
Attn: Public Works Department
Exempt From Recording Fees
Section 27383 Gov't. Code
NOTICE OF COMPLETION
Notice is hereby given that:
1. The undersigned is the owner of the interest or estate stated below in the property described below.
2. The name of the undersigned is City of Calistoga.
3. The address of the undersigned is:
1232 Washington Street
Calistoga, CA 94515
4. The nature of interest or estate of the undersigned is fee ownership, as well as ownership of the certain improvements located thereon.
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: None
6. The names of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of work of improvement herein referred to are: None
7. A work of improvement on the property hereinafter described was completed on May 4, 2023.
8. The name of the original contractor, if any, for the work of improvement was Diamond D Construction LLC.
9. The kind of work done or material furnished was the Rancho De Calistoga Sewer Line Bank Stabilization Project.
10. The property on which the work of improvement was completed is in the City of Calistoga, County of Napa, State of California, and is described as follows:
Rancho De River Crossing
Calistoga, CA 94515
City of Calistoga, Owner
Dated: Signed:
Derek Rayner, Public Works Director
ATTACHMENT 2 Item #7.3.
VERIFICATION
I, the undersigned, say:
I am the person who signed the foregoing notice. I have read the above notice and know its contents, and the facts stated therein are true of my own knowledge.
I declare under the penalty of perjury that the above is true and correct Executed at Calistoga, California, this XXX day of XXX 2023.
City of Calistoga
Derek Rayner, Public Works Director
Item #7.3.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Katie Lichtig,
Meeting: City Council - Jul 18 2023
Subject: Marin IT Contract
DESCRIPTION:
Consider a contract with Marin IT to provide on-site and remote information technology services.
RECOMMENDATION:
Consider authorizing the City Manager to execute the contract with Marin IT to provide services to maintain and update the City's information technology infrastructure including but not limited to onsite and remote support and maintenance, subscription service, annual maintenance renewal and computer replacements.
BACKGROUND/SUMMARY:
As a full-service city employing up to almost 100 people over the course of a year, the City of Calistoga has no full-time staff dedicated to information technology (IT), nor does it have someone trained with an IT background. Information Technology leadership at the City is currently centered in the City Manager's Office for long-term planning, coordination between departments and contract oversight.
The City continues to procure certain IT support services through a third-party. These services include client help desk support, desktop technician support, network administration, system administration, applications development, applications maintenance, data base administration, and specific project development, implementation and support. Marin IT has been providing the City with IT services since July 2016. Currently, staff believes that Marin IT provides experience, service delivery and capability to meet the City’s IT support services needs. City staff recommends the renewal of the contract with Marin IT for Fiscal Year 2023-24 with the possibility for a one year extension at the sole discretion of the City. A competitive Request for Proposals for these services will be issued as soon as possible as soon as a part-time IT Director can be identified.
ANALYSIS:
Marin IT is based in Novato, CA and currently serves municipal clients including the City of St. Helena.
Marin IT also services and supports other government agencies including the County of Napa, Central Marin Police Authority, San Rafael Police Department, Vallejo Police Department and Ross Police Department.
Each week, Marin IT will continue to provide (16) hours of information technology on-site maintenance/support and may also provide consultation on additional IT related matters as deemed necessary by the City Manager.
Item #7.4.
Marin IT Computer Systems annual contract for 2023-24 is proposed to be $198,070. In addition, Marin IT will continue to provide hosted data backup services for an amount. Currently the City has up to 80 users and 11 users and more than a dozen servers.
The scope of services will include the following (details in Attachment 1):
• Computer replacement (15 desktop computers and one laptop) • Workstations (Desktops, Laptops, All-in-One, Police MDT's) • Servers & Virtual Machine (VM) Hosts
• Network Equipment (Switches, Firewalls, Routers, Wireless Access Points) • Business Network/Back Office - MS Active Directory, user accounts and access, Office 365 Apps and Email, Adobe, antivirus, etc.
• Frontline support and maintenance for Police CAD/RMS
Additionally, Marin IT will provide the following MSP services:
• Business security and continuity - security awareness training, email SPAM & Malware filtering, data backup (including
• Remote monitoring and management of computers, servers, and tablets/iPad's There is a small amount of contingency funding built into the the scope of work to ensure that any unforeseen technology emergencies can be addressed without delay.
CEQA STATUS:
No CEQA analysis is required for this action.
FINANCIAL IMPACT:
The total contract with Marin IT is not to exceed $198,070 for the scope of work outlined above.
Funding is available for these services in the Fiscal Year 2023-2024 adopted budget (15-4975-4402).
ATTACHMENT(S):
Marin IT contract 7-7-23 FINAL
APPROVAL(S):
Nitish Sharma Approved - Jul 11 2023
Laura Snideman, City Manager Approved - Jul 11 2023
Yudiana Galvan, Interim City Clerk Approved - Jul 11 2023 Item #7.4.
AGREEMENT FOR CONSULTANT SERVICES
This Agreement for Consultant Services (the "Agreement") is made and entered into this _____ day of ______ , _ , by and between THE CITY OF CALISTOGA, a municipal corporation (hereinafter referred to as "CITY") and Marin IT, Inc., a corporation (hereinafter referred to as "CONSUL TANT"). CITY and CONSUL TANT may be referred to individually as "Party" and collectively as the "Parties."
RECITALS
WHEREAS, CITY requires information technology services in connection with CITY operations;
WHEREAS, CONSULTANT is qualified to perform such services; and WHEREAS, CONSUL TANT has agreed to provide CITY with such services on the terms and conditions set forth herein.
NOW, THEREFORE, for the considerations hereinafter set forth, CONSULTANT and CITY agree as follows:
ARTICLE 1 - SCOPE OF SERVICES
1.1. Scope of Work. CONSUL TANT agrees to furnish the services set forth in Exhibit A, Scope of Work, which is attached hereto and incorporated herein (the "Services").
1.2. Compliance with Law. The Services shall be performed in accordance with all applicable federal, state and local laws, ordinances, rules, regulations and orders.
1.3. Time is of the Essence. CONSULT ANT agrees to diligently prosecute the Services. In the performance of this Agreement, time is of the essence.
1.4. Professional Competence. CONSULTANT represents that it has the professional skills necessary to perform the Services and that it will perform the Services in a skillful and professional manner. CONSULTANT represents that it has all the necessary licenses to perform the Services and shall maintain them throughout the term of this Agreement.
CONSULT ANT agrees that the Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged, in the same or similar geographical area in which CONSULT ANT practices its profession and will prepare all work products required by this Agreement in accordance with such standards. CITY and CONSUL TANT agree that CONSULT ANT 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 CONSUL TANT from professional responsibility for the Services performed.
- 1 -
OAK #4890-2776-3737vl (Rev. 9/202 1)
Item #7.4.
1.5. Independent Contractor. CONSULTANT is an independent contractor and not an employee of CITY. CONSULTANT expressly warrants that it will not represent that it is an employee of CITY. Persons employed or utilized by CONSULTANT in the performance of the Services will not be employees or agents of CITY. CONSULTANT is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
1.6. Confidentiality. CONSULTANT agrees to maintain in confidence and not disclose to any person, firm, governmental entity, or corporation, without CITY's prior written consent, any trade secret or confidential information, knowledge or data relating to the products, process, or operation of CITY. CONSULTANT further agreef to maintain in confidence and not to disclose to any person, firm, governmental entity, or corporation any data, information, technology, or material developed or obtained by CONSULT ANT during the performance of the Services. The covenants contained in this Section 1.6 shall survive the termination of this Agreement for whatever cause.
1. 7. Ownership of Material. Any reports and other material prepared by o 1 on behalf of
CONSULTANT under this Agreement (collectively, the "Documents") shall be and remain the property of CITY. All Documents not already provided to OITY shall be delivered to CITY on the date of termination of this Agreement for any reason. The Documents may be used by CITY and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes CITY may deem appropriate without further employment of or payment of any compensation to CONSUL TANT.
1.8. Documentation. CONSUL TANT shall keep and maintain full and complete documentation and accounting records, employee time sheets, and correspondence pertaining to the performance of the Services, and CONSUL TANT shall make such documents available for review and/or audit by CITY and CITY's representatives at all reasonable times for at least four years after the termination of this Agreement or completion of the Services.
1.9. Testimony. CONSULTANT agrees to testify at CITY's request if litigJtion is brought against CITY in connection with the Services. Unless the action is brought by CONSUL TANT or is based upon CONSUL TANT's negligence, CITY will compensate CONSUL TANT for the preparation and the testimony at CONSUL TANT's standard hourly rates.
ARTICLE 2 - COMPENSATION
2.1. Compensation. Compensation for the Services shall be in accordance with Exhibit B, Compensation, attached hereto and incorporated herein. It is agreed that the compensation for the Services shall not exceed $198,070 ("Cost Ceiling"). - 2 -
OAK #4890-2776-373v l (Rev. 9/2021)
Item #7.4.
2.2. Changes in Compensation. CONSULTANT shall not undertake any work that will incur costs in excess of the amount set forth in Paragraph 2.1 without prior written amendment to this agreement.
2.3. Invoices. CONSUL TANT 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. CONSULT ANT shall submit time and cost records as necessary to substantiate performance of the Services. CONSULT ANT shall provide delineations on invoices for specific types of work completed as outlined in the attached Scope of Work. Within 3 5 days after receipt of each such invoice, CITY shall verify the accuracy of the invoice, correct the charges where appropriate and as discussed and mutually agreed with CONSULTANT, and make payment to CONSULTANT in an amount equal to the amount of such invoice, as verified or corrected by CITY. No payment hereunder shall be construed as evidence of acceptance of any of CONSULTANT's work. CITY reserves the right to withhold payment from CONSULTANT on account of Services not performed satisfactorily, delays in CONSULTANT's performance of Seivices, or other defaults hereunder. CONSULTANT shall not stop or delay performance of the Services under this Agreement on account of payment disputes with CITY.
2.4. Status Reports. Together with each monthly invoice, CONSULTANT shall submit a status report detailing the amount expended on the Services to that date and the remaining amount to be expended before the Cost Ceiling is reached. CONSUL TANT shall notify CITY in writing when payments have reached 90 percent of the Cost Ceiling.
2.5. Withholding. In lieu of holding retention, CITY shall withhold CONSULTANT's final payment until the Services are complete and CITY has received all Documents.
CONSUL TANT shall diligently continue and complete performance of the Services if the Services are not complete at the time CONSULT ANT has performed services up to the Cost Ceiling.
ARTICLE 3 - TIME OF PERFORMANCE
Effective Date; Term. This Agreement shall become effective upon execution of the second signature but no sooner than July 1, 2023 and shall expire on June 30, 2024 (the "Term").
CONSULTANT agrees to complete all services by June 30, 2024. The CITY, in its sole and absolute discretion, may extend the Term up to an additional twelve months, not to exceed June 30, 2025. During any extended Term, all other terms, conditions and scope of work set forth herein shall remain in full force and effect unless otherwise negotiated and agreed to in writing by both the CITY and CONSULTANT.
3.1. Termination. This Agreement may be terminated at any time by CITY upon written notice to CONSULTANT.
3.2. Final Payment. CONSULTANT shall be entitled to compensation for Services performed up to the time of such termination, it being understood that any payments are full compensation for the Services rendered under this Agreement. - 3 - OAK #4890-2776-373vl (Rev. 9/2021)
Item #7.4.
3.3. Other Remedies. Nothing in this Article 3 shall be deemed to limit the respective rights of the parties to terminate this Agreement for cause or otherwise to exercise any rights or pursue any remedies which may accrue to them.
ARTICLE 4-DESIGNATED CONTACTS
4.1. CITY Contact. CITY designates Rachel Melick, its Parks and Recreation Director, as its contact who shall be responsible for administering and interpreting tl)e terms and conditions of this Agreement, for matters relating to CONSUL TANT'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 CONSUL TANT of the change in writing.
4.2. CONSULTANT Contact. CONSULTANT designates Timothy Bush as its contact, who shall have immediate responsibility for the performance of the Seryices and for all matters relating to performance under this Agreement. Any change in CONSUL TANT's designated contact shall be subject to written approval by CITY.
ARTICLE 5 - INDEMNIFICATION AND INSURANCE
5.1. Indemnification. CONSULTANT shall, to the fullest extent allowed by law, with respect to claims, liability, loss, damage, costs, or expenses, including reasonable attorney's and expert witness fees, awards, fines, penalties, or judgments, arising out of or relating to the Services (collectively "Claims"), defend, indemnify, and hold harmless CITY, its Officials, officers, employees and agents (the "CITY Parties")!, except to the extent the Claims are attributable to CITY Parties' gross negligence or willful misconduct. CONSUL TANT shall defend the CITY Parties as required by California Civil Code Section 2778, and with counsel reasonably acceptable to those parties.
CONSULT ANT shall have no right to seek reimbursement from the CITY Parties for the costs of defense.
If CONSULTANT is a "design professional," as defined in California Oivil 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 CONSULT ANT shall not exceed CONSULT ANT' 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 laJ and shall not in any way be limited by the insurance requirements of this Agreement.
5.2. Health and Safety. CONSULTANT may perform part of the Services at sites which contain unknown working conditions and contaminated materials. CONSULTANT shall be solely responsible for the health and safety of CONSUL TANT's employees during the performance of the Services.
- 4 -
OAK #4890-2776-373v l (Rev. 9/2021)
Item #7.4.
5.3. Insurance. IT Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. IT Consultant shall procure and maintain for the duration of the contract insurance claims arising out of their professional services and including, but not limited to loss, damage, theft or other misuse of data, infringement of intellectual property, invasion of privacy and breach of data.
A. MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (nonowned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Technology Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant's profession, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Consultant in this agreement and shall iriclude, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
If Technology Professional Liability policy is written on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. - 5 - OAK #4890-2776-373vl (Rev. 9/2021)
Item #7.4.
3. If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the Entity for review.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above for all policies, the Entity requires and shall be entitled to ~he broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coierage shall be available to the Entity.
B. OTHER INSURANCE PROVISIONS
1. Additional Insured
The Entity, its officers, officials, employees, and volunteers are to be cqvered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
2. Primary Coverage
For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or selfinsurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
3. Notice of Cancellation
Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self-insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance.
4. Waiver if Subrogation
Consultant hereby grants to Entity a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that !may be necessary - 6 - OAK #4890-2776-373vl (Rev. 9/2021)
Item #7.4.
to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer.
5. Self-insured Retentions
Self-insured retentions must be declared to and approved by the Entity. The Entity may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or Entity.
6. Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the Entity.
7. Verification of Coverage
Consultant shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
8. Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that Entity is an additional insured on insurance required from subcontractors.
9. Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special ci~cumstances.
ARTICLE 6 - NOTICES
All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by facsimile or reputable overnight courier and shall be deemed received upon the earlier of: ( 1) if personally delivered, the date of delivery to the address of the person to receive such notice; (2) if delivered by Federal Express or other overnight courier for next business day delivery, the next business day; (3) if sent by facsimile, with the original sent on the same day by overnight courier, the date on which the facsimile is received, provided it is before 5 :00 P .M. Pacific Time; or ( 4) if sent electronically, the date of - 7 -
OAK #4890-2776-373vl (Rev. 9/2021)
Item #7.4.
delivery on the confirmed read receipt. Notice of change of address shall be given by written notice in the manner described in this Article 6. Rejection or other refusal to aGcept or the inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice or communication sent. Unless changed in adcordance herewith, the addresses for notices given pursuant to this Agreement shall be a 1 follows:
If to CITY: Laura Snideman, City Manager
1232 Washington Street
Calistoga, CA 94515
Email: [email protected]
Phone: 707-942-2806
Ifto CONSULTANT: Marin IT Inc
ARTICLE 7-MISCELLANEOUS
David Cooper, President
Phone:415-842-3275
Facsimile: 415-842-3270
Email: [email protected]
7 .1. Conflict of Interest Prohibition. CITY and CONSUL TANT will comply with the requirements of the CITY's Conflict oflnterest Code adopted pursuant to California Government Code §87300 et seq., the Political Reform Act (California Government Code §81000 et seq.), the regulations promulgated by the Fair Political Practi9es Commission (Title 2, § 18110 et seq. of the California Code of Regulations), California Government Code §1090 et seq., and any other ethics laws applicable to the performance of the Services and/or this Agreement. CONSULTANT may be required to file with the CITY Clerk a completed Form 700 before commencing performance of the Services unless the CITY Clerk determines that completion of a Form 700 is not required, pursuant to CITY's Conflict of Interest Code. Form 700 forms are available from the CITY Clerk.
CONSUL TANT may not perform Services for any other person or entity that, pursuant to any applicable law or regulation, would result in a conflict of interest or would otherwise be prohibited with respect to CONSULTANT's obligations pursuant to this Agreement.
CONSULTANT agrees to cooperate fully with CITY and to provide any necessary and appropriate information requested by CITY or any authorized representative concerning potential conflicts of interest or prohibitions concerning CONSUL TANT' s obligations pursuant to this Agreement.
CONSULT ANT may not employ any CITY official, officer or employee in the performance of the Services, nor may any official, officer or employee of CITY have any financial interest in this Agreement that would violate California Government Code § 1090 et seq. CONSUL TANT hereby warrants that it is not now, nor has it been in the previous twelve ( 12) months, an employee, agent, appointee, or official of CITY. If CONSULT ANT was an employee, agent, appointee, or official of CIT¥ in the previous twelve months, CONSUL TANT warrants that it did not participate in any manner in the forming of this Agreement. CONSULTANT understands that, if this Agreement is made - 8 -
OAK#4890-2776-373vl (Rev 9/2021)
Item #7.4.
in violation of Government Code § 1090 et seq., the entire Agreement is void and CONSUL TANT will not be entitled to any compensation for CONSULT ANT' s performance of the Services, including reimbursement of expenses, and CONSULT ANT will be required to reimburse CITY for any sums paid to CONSUL TANT under this Agreement. CONSUL TANT understands that, in addition to the foregoing, penalties for violating Government Code § 1090 may include criminal prosecution and disqualification from holding public office in the State of California.
Any violation by CONSUL TANT of the requirements of this provision will constitute a material breach of this Agreement, and the CITY reserves all its rights ai d remedies at law and equity concerning any such violations.
7.2. Subcontracts. 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 CONSULT ANT and CITY in the same manner and to the same extent as CONSULTANT is bound to CITY under the Agreement. CONSULTANT's subcontractors further agree to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, with any subsubcontractor to the extent they apply to the scope of the sub-subcontractor's work. A copy of the CITY indemnity and insurance provisions will be furnished to CONSUL TANT' s subcontractors upon request.
7 .3. Entire Agreement. This Agreement represents the entire understanding of CITY and CONSUL TANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may only be modified by an amendment in writing signed by each party.
7.4. No Assignment. The Services are deemed unique and neither party shaill 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
7.4, this Agreement is to be binding on the successors and assigns of thd parties hereto.
7.5. Severability. If any part of this Agreement is determined to be unconstitutional, invalid or beyond the authority of either party, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement can be interpreted to give effect to the intentions of the parties.
7 .6. Counterparts. This Agreement may be signed in counterparts and, when fully signed, such counterparts shall have the same effect as if signed in one document.
7.7. Choice of Law. This Agreement and all matters relating to it shall be governed by the laws of the State of California without reference to its choice of laws principles and venue shall be in the appropriate court in Napa County, California. - 9 -
OAK #4890-2776-373vl (Rev. 9/2021)
Item #7.4.
7.8. Waiver. No failure on the part of either Party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder. A waiver by either CITY or CONSUL TANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other further breach.
7.9. Mediation. In the event the parties are unable to resolve a dispute arising under this Agreement through good faith negotiations, the parties agree to submit the matter to mediation with a mutually agreeable mediator. Prior to the mediation, the parties shall exchange any documents reasonably necessary to resolve the matter to be mediated. I
7.10. Interpretation. In the event this Agreement is ever construed in any dispute between the parties, it and each of its provisions shall be construed without regard to the party or parties responsible for its preparation and shall be deemed to have been prepared jointly by the parties. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement. 7 .11. Authority. Each individual executing this Agreement on behalf of one of the parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such party and that this Agreement is binding on such party in accordance with its terms.
7.12. Third Parties. Nothing contained in this Agreement shall create a contractual relationship with, or cause of action in favor of, a third party against either the CITY or CONSULTANT. CONSULTANT's Services hereunder are being performed solely for the benefit of CITY. CITY shall be an express third-party beneficiary of all contracts between CONSUL TANT and any subcontractors or subconsultants in connection with any services performed in connection with, or in furtherance of, this Agreement. * * *
[Signatures on Next Page]
- 10 - OAK #4890-2776-373vl (Rev. 9/2021)
Item #7.4.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.
CITY OF CALISTOGA
By: _____________ _
Laura Snideman, City Manager
CONaT;T
By: '(_
By \
Attest
By: _____________ _
Yudiana Galvan, Acting City Clerk
Approved As To Form
By: _____________ _
Michelle Marchetta Kenyon, City Attorney
- 11 - OAK #4890-2776-373v I (Rev. 9/2021)
Date: 1-l/-7....o-z._5
I
Date 7/4/2-<J 2--],
Item #7.4.
EXIDBIT A
SCOPE OF WORK
SEE COMPLETE SCOPE OF WORK DATED JUNE 19, 2023 FOR COMPUTER REPLACEMENT AND IT SERVICES ATTACHED AS EXHIBIT Bl
OAK #4823-2508-6159 v2
Item #7.4.
EXHIBITB
Compensation
CITY shall pay CONSUL TANT for the Services on a cost reimbursement basis, up to the Cost Ceiling (as defined in Section 2.1 of the Agreement). CONSULTANT agrees to use appropriate methods to contain its fees and costs under this Agreement. Compensation shall include only the following costs, which shall all count toward the Cost Ceiling:
1. Direct Labor
Direct labor costs shall be the total number of hours worked on the job by each employee times the agreed hourly rate for such employee's labor as set forth on the attached Exhibit B-1. 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 only in the event that such costs are approved in writing by the CITY prior to the costs being incurred.
CONSULTANT shall provide a copy of each subconsultant's invoice for which it seeks payment from CITY with any invoice in which such payment is requested.
3. Subconsultant Costs
Special overnight delivery or messenger services.
Payments to CONSUL TANT for reimbursable costs/expenses will be made only after the specific costs/expenses have been incurred and CONSULTANT has submitted substantiating documentation, such as copies of paid invoices or other documentation confirming that such costs/expenses have been incurred.
OAK #4823-2508-6159 v2
Item #7.4.
EXHIBITB-1
Marin IT
Prepared for City of Calistoga
Katie Lichtig
[email protected](707) 942-
2803
Tim Bush [email protected]
(415) 842-3251
Item #7.4.
Thursday, June 08, 2023
City of Calistoga
Katie Lichtig
1232 Washington Street
Calistoga, CA 94515
[email protected]
Dear Katie,
-~
Marin IT
Marin IT, Inc. is pleased to provide City of Calistoga with our proposal for Managed IT Support. • IT support Scope of Work - Marin IT, Inc. Responsibilities As part of this agreement it is our understanding that we will be provide the IT support required for City of Calistoga to continue daily operations including, but not limited to, support and maintenance of the following:
• Workstations (Desktops, Laptops, All-in-One, Police MOT's) • Servers & Virtual Machine (VM) Hosts
• Network Equipment (Switches, Firewalls, Routers, Wireless Access Points) • Business Network/Back Office - MS Active Directory, user accounts and access, Office 365 Apps and Email, Adobe, antivirus, etc. • Frontline support and maintenance for Police CAD/RMS
Additionally, Marin IT will provide the following MSP services:
• Business security and continuity - security awareness training, email SPAM & Malware filtering, data backup (including cloud-to-cloud)
• Remote monitoring and management of computers, servers, and tablets/iPad's Marin IT technicians are expected to work with the City of Calistoga in supporting the network. We will provide an online service ticket and tracking system.
In the event that issues arise which are outside of the scope of this proposal Marin IT will discuss any fee impact with the designated City of Calistoga representative before proceeding with the work.
Client Responsibilities:
• All client and server software licenses associated with this agreement will be obtained & rrianaged by the end user • City of Calistoga will be responsible for communicating needs & changes thru the designated representative / channels only.
• Client is responsible for providing reasonable/timely access to all buildings, offices, devices, laptops, smart phones, tablets, etc.
Quote #2023-003458 vl Page: 2 of 11
Item #7.4.
Marin IT
Change I System Upgrade Process:
• Identify and discuss the need for the change with client • Identify the additional tasks, which need to be performed in order to complete the change in scope. • Estimate the cost associated with the additional scope, and determine the impact on network operation. • Schedule and manage
Pricing/Rate Schedule:
In an effort to maintain satisfactory Help desk and Maintenance levels, this proposal is meant to provide weekly Maintenance and Help Desk support, both onsite and remote for City of Calistoga. It does not include "On-Demand" (T&M) and/or higher tier support that fall outside the managed services scope, nor does it include special projects. The rate schedule is detailed below.
Some examples of special projects are:
• New system config and install (PC's, Servers, network equipment, etc.). • ReplacemenUupgrades of existing hardware in the event of a failure • New Version upgrades for major applications (RIMS, Financial software, Doc Management apps/software, etc) • Office expansions/relocations
• Infrastructure upgrades - data cabling, fiber optic installs, Internet upgrade(s), VoIP/Telecom upgrades, etc.
Any additional projects or on-site service will be chargeable at the rates described below. For all projects that fall outside the service agreement scope, Marin It will provide a detailed proposal with costs for both goods and services. No product will be ordered, nor will any (billable) work be performed without approval from a/the designated City of Calistoga representative. This agreement does not include hardware/software replacement or upgrades.
Our charge for MSP and contracted service is detailed in the "Managed Services" section. All rates shown here are for support during normal business hours (Monday through Friday between 8:00 AM and 5:30 PM). Marin IT is proposing (16) hours every week for onsite maintenance and support (1 year, totaling 832 hours). Our standard rate is $145 peri hour for this type of service; however Marin IT is extending a discounted municipal governmenUpublic safety rate of $130 per hour. Marin IT will bill the standard rate 1/2 hour increments for On-Demand Help Desk services (incidents that fall outside the weekly visits). The rate schedule is as follows:
• Service Desk Tech level 1 or 2 - $145 per hour
• SYS Admin - $155 per hour
• Network/Systems Engineer - $165 per hour
• Tier 3 Network/Systems engineer - $185 per hour
• Project and IT Management - $165 per hour
Rates for overtime, nights, weekends will be billed at 1 ½ times the T&M rate ($145). After hours emergency calls for remote support requires a 2-hour minimum at the OT rate. Onsite Emergency support is needed, there is a $200 mobilization fee and a 2-hour minimum.
On-site Emergency calls for all holidays require a $200 call-out fee, and a 2-hour minimum at 2 times the base T&M rate (currently $145 per hour). Remote support fees for holidays will be billed at 2-hours upfront, then at 30 minutes intervals after the initial two hours with no call-out fee. Unless you are a public safety organization or a hospital, Marin IT does not provide any service on the following days: January 1st, Memorial Day, 4th of July, Thanksgiving Day, and the day after Thanksgiving, Christmas Eve after 12 pm, and Christmas Day.
Clients are billed monthly for all services rendered. Payment is on net-30 terms. If a client has a balance due that is 60 days or Quote #2023-003458 vl Page: 3 ofll
Item #7.4.
.~
Marin IT
older, no service will be performed until the account is made current. Marin IT does not accept credit cards.
Invoicing
Payment shall be made within 30 days of the date of invoice. Invoices will include the date of service and a description of the services rendered. If any invoice is not paid when due, interest will be added to and payable on all overdue amounts at 18 percent per year, or the maximum percentage allowed under applicable laws, whichever is less. Buyer shall pay all costs of collection, including without limitation, reasonable attorney fees.
Termination of Agreement
• Term: The length of this agreement is for one year and begins on July 1, 2023. • Discretionary: After the first 9 months of the initial term, either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the otHer party. Any fee waivers will be payable to Marin IT & will be included in the final bill. All rates for services will become billable at the current project/T&M rates on the date of notification.
• Cause: Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period.
• Effect of Termination: Upon receipt of notice of termination, neither party shall in 1 cur additional obligations under
any provision of this Agreement without the prior written consent of the other. • Return of Documents: Upon termination, any and all documents or materials provided to Marin IT and any and all of Marin IT documentation and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to the designated City of Calistoga representative as soon as possible, but not later than thirty (30) days after termination.
Contract Renewal
The Term of this contract is for 1 year beginning on July 1, 2023 and ending on June 30, 2024. The City of Calistoga may renewthis contract under it's then-existing terms and conditions for one additional year with the understanding that there may be an adjustment in labor rates for cost of living, by providing the Contractor written notice of the renewal <;lecision at least 45 days prior to the expiration of the initial term.
Non-Solicitation
During the term of this agreement, and for a period of one (1) year thereafter, neither party will directly or indirectly solicit away employees or consultants of the other party.
_zs:.~7<c?-i
Tim Bush
Director of Accounts
Marin IT
Quote #2023-003458 vl Page: 4 of 11
Item #7.4.
.lll<irlllll Clllll •
Managed Services
I • • •
Onsite IT Service, Support, Maintenance - Billed Monthly • 16 hours per week for 1 year@ $130 per hour
• Total of 832 hours annually
Onsite Services performed:
• Help Desk Ticket/end-user break/fix resolution
• Server Maintenance - DNS, DHCP, patching/hot-fixes, verify and test data backup, examine server logs, etc
• End-user device and peripheral maintenance
• Network device maintenance - firmware updates, examine log files, misc adjustments as needed
• MDT & CAD/RMS support (PD)
• Software support/updates
• Device software/firmware updates
• Office 365 management/administration
KnowBe4 Onboarding -Account & Campaign Setup - One Time Charge
Project Management for KnowBe4
• Coordinate campaign with CoC management staff
• Build campaign and publish videos, prepare end-user
communications
• Monitor training - begin email campaign
• Monitor and prepare reports as needed
• Present to CoC management and plan post-campaign action items
• Covers 2 campaigns for the year - billed at the start of the campaign
1 Campaign annually is the minimum, however Marin IT recommends running 2 the first year
Quote #2023-003458 vl
$9,013.00 12 $108,156.00
$1,000.00 1 $1,000.00
$2,500.00 2 $5,000.00
Subtotal: $114,156.00
Page: 5 of 11
Item #7.4.
Marin
~ IT
Subscription Services
Automate Proactive Monitoring and Remote Control - Includes AntiVirus/Malware with EDR Billed Monthly • PC and Server
• Includes software - anti-virus/malware with EDR
o EDR - Endpoint Detection and Response
o Real-time continuous monitoring and endpoint data
analytics with advanced reporting and rule-based
automated response to threats
• Up to 80 devices (Servers, PC/MAC)@ $32.50 each per month ($2600.00 monthly)
• Pro-active system monitoring and alerting
• Advanced IT asset inventory reporting and management
• Secure remote control
* - Device count will be adjusted as needed - Client only billed for devices in use
** - License renewal fee of $2500 waived
• Barracuda - lntronis cloud data backup - Billed Monthly @ $325.00 • Daily backup for Servers and computers (physical or VM) • Rapid recovery with physical to virtual recover capability • Object-level restore
Quote #2023-003458 vl
$2,600.00 12 $31,200.00
$325.00 12 $3,900.00
Page: 6 ofl I
Item #7.4.
Marin
~ IT \I II \I f1l,\rlllll.<.:olll -
Subscription Services
• KnowBe4 Diamond - Security awareness training and Simulated Phishing platform - Covers up to 80 user accounts
Up to 80 recurring subscription seats of KnowBe4 Diamond level cyber security awareness training platform - $27.50 per user, per year, for 80 users- $2,200.00 for twelve (12) months, renewing annually.
KnowBe4 Diamond level includes:
• Training videos to help users identify phishing and ransomware attacks.
• Printed materials reminding users about cyber security and how to identify phishing and ransomware attempts.
• Simulated phishing campaigns to measure cyber security awareness, both prior to initial training and ongoing.
• Phish Alert Button Outlook Plug-in for reporting suspicious email to IT.
• Second Chance - Link Transparency for Outlook. - Second Chance is a pop-up window to show the URL you're about to go to, regardless of how it's displayed in the body of the email. • End User clicker reports for measuring training efficacy. • Remedial Training for "clickers", users who click links in simulated phishing emails following training.
• Reported phishing attack statistics.
• Reports on training attendance per user.
• * Marin IT recommends at least 2 campaigns the first year ** Client only billed for actual licenses required. Total will be adjusted as needed + or -.
Quote #2023-003458 vl
$2,200.00 $2,200.00
Page: 7 ofll
Item #7.4.
Marin
~ IT ~---- -- \I 1111 Ill.II 11111.l't>lll •
Subscription Services
• KnowBe4 PhishER -Automatic and Safe Analysis of Reported Phishing Attempts
KnowBe4 PhishER - Automatic and Safe Analysis of Reported Phishing Attempts - Priced at $10.80 per user, per year for 80 users - $864.00* When users report suspected phishing attempts with the Phish Alert button in Outlook, the message needs to be analyzed to determine if it's a legitimate email (false positive) or a threat. As phishing attempts are getting more sophisticated, this becomes more challenging, and more error prone, for a human.
Phish ER is an Al that scans the suspected phishing attempt and analyzes it against known malicious attempts across the organization. If a message is found to be malicious, it scans for other instances in the organization. If a message is found to be clean and falsely reported, it is returned to the user. And it does all of this faster than a human ever could, which is important because reaction time is a factor in mitigating cyber security events.
This is not a requirement for cyber security awareness training, but it mitigates the risks of either triggering an event by trying to evaluate it, or falsely reporting (and deleting) an important message.
*Price will be adjusted + or - based on actual usage.
Quote #2023-003458 vl
$864.00 $864.00
Subtotal: $38,164.00
Page: 8 of 11
Item #7.4.
Annual Maintenance Renewals
I -. .
~
~
Marin IT
\\\\\\ .Ill.II lllil.C<>lll -
Annual Hardware Maintenance/Support Renewals
Annual maintenance agreements managed by Marin IT:
• Cisco Smartnet on 2-24 port switches-6/12/23 to 6/11/24-$600.00 • Cisco Smartnet on 2-48 port switches-6/28/23 to 6/27/2024- $1586.00
• Cisco Smartnet on 2-48 port switches-6/14/23 to 6/13/24- $1038.00
• Cisco Smartnet on ASA5506-1/22/23 to 1/21/24-$118- already renewed thru 2024
• Netmotion VPN -2/25/2023 to 2/24/24-$720- already renewed thru 2024
• VMWare-4/23/23 to 4/22/2024-$1084. 98
Contingency
$5,402.88 $5,402.88
Subtotal: $5,402.88
DESCRIPTIO-N - - . PRICE QTY EXT PRICE ~
Budgetary Contingency
Recommended for unexpected, mission critical hardware, software or labor expenditures that cannot wait until the next budget cycle. Client must approve the expense.
Quote #2023-003458 vl
$10,000.00 $10,000.00
Subtotal: $10,000.00
Page: 9 of 11
Item #7.4.
Marin IT .., --~---
\lll\\ .lll,llin1t Clllll -
City of Calistoga IT Support FY2023-2024
Prepared by:
Marin IT
Tim Bush
(415) 842-3251
[email protected]
Quote Summary
Subscription Services
Annual Maintenance Renewals
Contingency
Prepared for:
City of Calistoga
1232 Washington Street
Calistoga, CA 94515
Katie Lichtig
(707) 942-2803
[email protected]
Quote Information:
2023-003458
Version: 1
Delivery Date: 06/08/2023
Expiration Date: 06/1 7/2023
$38,164.00
$5,402.88
$10,000.00
Total: $167,722.88
Prices: Quoted product pricing is valid for thirty (30) days assuming product availability, and does not include applicable taxes and freight. Buyer agrees to pay reasonable shipping charges and all applicable taxes (excluding income taxes). Services include only those items specified in the quotation. Additional services may be provided at Marin IT's then standard billing rates.
Payment: Payment shall be made within 30 days of the date of invoice. If any invoice is not paid when due, interest will be added to and payable on all overdue amounts at 18 percent per year, or the maximum percentage allowed under applicable laws, whichever is less. Buyer shall pay all costs of collection, including without limitation, reasonable attorney fees.
Warranties: Product warranties, if any, are provided by the manufacturer or publisher of the products. MARIN IT, INC. MAKES NO
WARRANTIES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARANTY OF FITNESS FORA PARTICULAR PURPOSE, WHATSOEVER. ALL SERVICES AND DELIVERABLESARE PROVIDED dNAN "AS IS" BASIS. ti;~~~~; ~i!i;~~t~~~i~°r~~~:~:~~~ :~A6 6~~~i'~~~l;v i:E~~:~I~ 6g~1~:~~~-?o~~g~si~~~~~~~~1~[ ~~~~~g~~DR THE NET AMOUNT PAID TO MARIN ITBY CUSTOMER FOR THAT PRODUCT OR SERVICE WHICH IS THEiSUBJECT OF THE CLAIM.
MARIN ITSHALL IN NO EVENT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE, EVEN IF MARIN IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER PARTY
MAKES ANY REPRESENTATION OR WARRANTY AS TO ANY THIRD PARTY INFORMATION OR PRODUCTS PROVIDED TO EACH OTHER, ALL OF WHICH ARE PROVIDED, SOLD OR LICENSED "AS IS," AND THE PARTIES AGREE TO LOOK SOLELY TO THE WARRANTIES AND REMEDIES, IF ANY, PROVIDED BY THE THIRD PARTY.
Quote #2023-003458 vl Page: 10 of 11
Item #7.4.
Marin IT City of Calistoga
Signature: Signature:
Name: Tim Bush Name: Katie Lichtig
Title: Director of Accounts Date:
Date: 06/08/2023
Quote #2023-003458 vl Page: 11 of 11
Item #7.4.
Marin
~ IT
Calistoga - PC Refresh - FY 2023-2..J.
Pr~pa1cd For:
City of Calistoga
Katie Lichtig
1232 Washington Street
Calistoga, CA 94515
P: (707) 942-2803
E: [email protected]
Prepare,! bv:
Marin IT
Tim Bush
P: (415) 842-325 l
E: [email protected]
Hardware
•· lllltJII
15 Desktops and 1 Laptop each with Dual Displays:
Dell OptiPlex Small Form Factor
• Processor: 13th Gen Intel® Core™ i5-13500 (6+8
Cores/24MB/20T/2.5GHz to 4.8GHz/65W)
• Operating System : Windows 11 Pro
• Memory : 32 GB, 1 x 32 GB, DDR4
• Hard Drive: 256 GB, M.2 2230, PCle NVMe, SSD, Class 35 • Optical Drive : 8x DVD+/-RW 9.5mm Optical Disk Drive w/ Cyberlink Media Suite Essentials
• Additional Video Ports: Optional VGA Port
• Keyboard : Dell Pro Wireless Keyboard and Mouse
• Service: Basic Onsite Service, 36 Month(s)
Latitude 5540 15.6 Inch Laptop
• Processor 13th Generation Intel® Core™ i5-1345U vPro (12 MB cache, 10 cores, up to 4.7 GHz)
• Operating System Windows 11 Pro
• Memory 32 GB, 2 x 16 GB, DDR4, 3200 MT/s, dual-channel • Storage M.2 2230 PCle NVMe Gen4x4 256GB SSD Class 35
• Display 15.6" FHD (1920x1080) Non-Touch, AG, IPS, 250 nits, FHD Cam, WLAN
• Camera FHD RGB Camera w/ Mic
• Wireless Driver Intel® AX211, 2x2, 802.11ax, MU-MIMO Driver, Bluetooth • Wireless Intel® Wi-Fi 6E AX211, 2x2, 802.11 ax, Bluetooth® wireless card • Extended Service Basic Onsite Service, 36 Month(s)
Dell Pro Wireless Keyboard and Mouse
Dell Thunderbolt Dock
• 3 Years Advanced Exchange Service
~iewSonic 27" 1080p IPS Monitor with Adaptive Sync
• HDMI, DisplayPort, and VGA - 27" Monitor - IPS Technology • Full HD 1920 x 1080p - 16.7 Million Colors
• HDMI - VGA - DisplayPort - Speaker
Jli;Jr-·
Quote #2023-003306 \ I
f ate Issued .
06.19.2023
i xpires·
07.07.2023
I
I
~ a
$1,1 01.32 15
I
$1,330.78 1
J44.68 1
$J 35.52 1
$1k1.53 32
arrmm
$15,019.80
$1,330.78
$44.68
$235.52
$4,720.96
}~., ( .. )lllll(' :.:,21 1~_1 -tll H30h \ I P , 1!.!L' I (l l 3 ~ - Item #7.4.
~~
~
Marin IT
Hardware
• - .. Tripp Lite Display Port Cable with Latching Connectors 6 ft.
Services (Labor)
. ... . . Labor - PC Setup · PER Machine
• Run Machine thru initial setup process
• Install/Run updates to OS, firmware, drivers
• Prep machine for delivery/install
echnical Services - Onsite Install for PC's - PER MACHINE Pricing • Deliver machines and install at designated location
• Add to domain, install 365
• Migrate and/or build new user profiles, add printers, Office, etc • Move/Migrate required software/applications, etc.
• Login as user user and verify connectivity to 365, network resources, test printing, etc.
• Remove old Machine from Automate
• Stage surplus/e-waste for removal
'i..,,-. -
Hardware
Services (Labor)
$357.76
$21,709.50
$
I
$ 25.00 15 $4,875.00
Subtotal: $6,955.00
Qnmml)
$21,709.50
$6,955.00
Subtotal: $28,664.50
I • I Estimated Tax: $1,682.48
I Total: $30,346.98
Prices: Quoted product pricing is valid for thirty (30) days assuming product availability, and does not include applicable taxeJ and freight. Buyer agrees to pay reasonable shipping charges and all applicable taxes (excluding income taxes). Services include only those items specified in the quotation. Additional services may be provided at Marin IT's then standard billing rates.
It is understood and agreed that end customer will accept and pay invoice of any product once it has been received at the Marin IT warehouse regardless of if it has been delivered to the final installation location or if it is being held at the Marin IT facility and that title to the Products will transfer to client upon invoicing.
While taking title to these products includes assuming the risk of loss, Marin IT insures equipment stored in its facility. Title having transferred to client, it isunderstood that there is risk of obsolescence and that the Products are not covered by price protection.
We agree to make payment on all invoices delivered to us by Marin IT with respect to the Products strictly in accordance withlthe terms thereof without defense, offset, deduction, recoupment or counterclaim of any kind arising from the fact that the Products were not delivered to us at the time the invoice was delivered and were stored by Marin IT.
Payment: Payment shall be made within 30 days of the date of invoice. If any invoice is not paid when due, interest will be ad~ed to and payable on all overdue amounts at 18 percent per year, or the maximum percentage allowed under applicable laws, whichever is less. Buyer shall pJy all costs of collection, including without limitation, reasonable attorney fees.
Warranties: Product warranties, if any, are provided by the manufacturer or publisher of the products. MARIN IT, INC. MAKES NO WARRANTIES, EITHER Item #7.4.
EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARANTY OF FITNESS FOR A PARTICULAR PURPOSE.WHATSOEVER. ALL SERVICES AND DELIVERABLES ARE PROVIDED ON AN "AS IS" BASIS.
Limitation of Liability: CUSTOMER AGREES THAT THE LIABILITY OF MARIN IT FOR DIRECT DAMAGES RELATED TO ANY
PRODUCT OR SERVICE ARISING UNDER THESE TERMS AND CONDITIONS, WHETHER IN CONTRACT, TORT, OR
OTHERWISE, WILL NOT EXCEED THE NET AMOUNT PAID TOMARIN IT BY CUSTOMER FOR THAT PRODUCT OR SERVICE WHICH IS THE SUBJECT OF THE CLAIM. MARIN ITSHALL IN NO EVENT BE LIABLE FOR ANY INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE, EVEN IF MARIN IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER PARTY
MAKES ANY REPRESENTATION OR WARRANTY AS TO ANY THIRD-PARTY INFORMATION OR PRODf-JCTS PROVIDED TO EACH OTHER, ALL OF WHICHARE PROVIDED, SOLD OR LICENSED "AS IS," AND THE PARTIES AGREE TO LOOK SOLELY TO THE WARRANTIES AND REMEDIES, IF ANY, PROVIDEDBY THE THIRD PARTY.
Marin IT
Tim Bush
Signature I Name
06/19/2023
Date
OAK #4823-2508-6159 v2
City C?f Calistoga
Signature I Name Initials
Date
Email Address
IP Address
PO Number
Item #7.4.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Hamid Heidary, Senior Civil Engineer
Meeting: City Council - Jul 18 2023
Subject: Award a Consultant Services Agreement to Tall Tree Engineering Inc. in an Amount Not to Exceed $73,200
DESCRIPTION:
Consideration of a resolution approving a Consultant Services Agreement to Tall Tree Engineering Inc. for construction inspection and material testing services for Cedar Street Utility Replacement and Pavement Rehabilitation Project (Spring Street to Lincoln Avenue) and authorizing the Public Works Director to execute the agreement on behalf of the City of Calistoga.
RECOMMENDATION:
Consider adopting the resolution.
BACKGROUND/SUMMARY:
On June 6th, 2023, the City Council approved a construction budget of $2,156,930 which included $359,488 contingency for construction and inspection services.
Staff requested proposals from qualified consultants to perform material testing and inspection for the upcoming construction, the proposal results:
Tall Tree Engineering Inc. $73,200
Coastland | DCCM $125,380
Green Valley Engineers $146,113
Staff have reviewed the proposals, performed due diligence, and performed reference checks.
Based on this review, staff recommends that the City Council award a Consultant Services Agreement in an amount not to exceed $73,200 to Tall Tree Engineering Inc. for construction inspection and material testing services for Cedar Street Utility Replacement and Pavement Rehabilitation Project.
CEQA STATUS:
The recommended action is not a project under the definitions contained in the Guidelines of the California Environmental Quality Act (CEQA) and is therefore exempt from CEQA.
FINANCIAL IMPACT:
The construction budget is included in three FY2023/24 funds: Pavement and Maintenance CIP Budget, Account #01-5402-4905-4915, Replacement Water Mains Account #12-5490-4905-4915 and Replace Sewer Mains Account #13-5555-4905-4915. The total agreement cost of $73,200 is well within the previously approved construction budget.
Item #7.5.
ATTACHMENT(S):
1. Draft Resolution
2. Consultant Services Agreement
APPROVAL(S):
Nitish Sharma Approved - Jul 11 2023
Laura Snideman, City Manager Approved - Jul 11 2023
Yudiana Galvan, Interim City Clerk Approved - Jul 11 2023 Item #7.5.
RESOLUTION NO. 2023-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY
OF NAPA, STATE OF CALIFORNIA, AWARDING A CONSULTANT SERVICES AGREEMENT TO TALL TREE ENGINEERING INC. IN AN AMOUNT NOT TO EXCEED $73, 200 AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO
EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF CALISTOGA FOR
CONSTRUCTION INSPECTION AND MATERIAL TESTING SERVICES FOR THE
CEDAR STREET UTILITY REPLACEMENT AND PAVEMENT REHABILITATION
PROJECT (SPRING STREET TO LINCOLN AVENUE)
WHEREAS, the concrete pavement and existing utilities in Cedar Street between Spring Street and Lincoln Avenue are deteriorated and in poor condition. The existing sewer main that was installed in 1915 has seriously deteriorated and needs to be replaced. Additionally, there is a 70+ year-old corroded steel water main that leaks and continues to need repair that will be replaced along with its service laterals. In addition, the City’s Pavement Management Report identified Cedar Street between Spring Street and Lincoln Avenue to need reconstruction; and
WHEREAS, project plans and specifications were prepared by Adobe Associates and RGH geotechnical consultants; and
WHEREAS, an Invitation to Bid was circulated on March 2, 2023, and five bids were received by the city; and
WHEREAS, on June 6, 2023, the City Council of City of Calistoga awarded the construction contract to Kerex Engineering, Inc., with a base bid in the amount of $1,797,442; and
WHEREAS, on June 6, 2023, the City Council approved 20% contingency budget in the amount of $359,488 for construction and inspection services; and WHEREAS, a request for proposal for material testing and inspection services was circulated on June 20, 2023, and three proposals were received; and WHEREAS, staff has determined that Tall Tree Engineering possesses the required license(s) for this Project and is otherwise qualified to perform the required material testing and inspection services; and
WHEREAS, staff recommends an agreement be awarded to Tall Tree Engineering, Inc. in an amount not to exceed $73,200; and WHEREAS, staff recommends the City Council authorize the Public Works Director to execute the Agreement on behalf of City of Calistoga; and ATTACHMENT 1
Item #7.5.
Resolution No. 2023-XXX
WHEREAS, the total Agreement cost of $73,200 is within the previously approved construction contingency budget; and
WHEREAS, approval of the Agreement is not a project under the definitions contained in the Guidelines of the California Environmental Quality Act (CEQA) and is therefore exempt from CEQA.
PASSED, APPROVED AND ADOPTED this 18th day of July, 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:
1. Approves the Consultant Services Agreement to Tall Tree Engineering Inc. in an amount not to exceed $73,200 for construction inspection and material testing services for Cedar Street Utility Replacement and Pavement Rehabilitation Project (Spring Street to Lincoln Avenue).
2. Authorizes the Public Works Director to execute the Agreement on behalf of the City of Calistoga.
PASSED, APPROVED AND ADOPTED this 18th day of July, 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:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
______________________________ ______________________________ Yudiana Galvan, Interim City Clerk Donald Williams, Mayor Item #7.5.
- 1 -
OAK #4890-2776-3737v1 (Rev. 9/2021)
AGREEMENT FOR CONSULTANT SERVICES
This Agreement for Consultant Services (the "Agreement") is made and entered into this _____________ day of _______________, 2023, by and between THE CITY OF CALISTOGA, a municipal corporation (hereinafter referred to as "CITY") and Tall Tree Engineering, Inc. (hereinafter referred to as "CONSULTANT"). CITY and CONSULTANT may be referred to individually as “Party” and collectively as the “Parties.”
RECITALS
WHEREAS, CITY requires construction inspection and materials testing services in connection with the Cedar Street Utility Replacement and Pavement Rehabilitation Project (Spring Street to Lincoln Avenue),;
WHEREAS, CONSULTANT is qualified to perform such services; and WHEREAS, CONSULTANT has agreed to provide CITY with such services on the terms and conditions set forth herein.
NOW, THEREFORE, for the considerations hereinafter set forth, CONSULTANT and CITY agree as follows:
ARTICLE 1 - SCOPE OF SERVICES
1.1. Scope of Work. CONSULTANT agrees to furnish the services set forth in Exhibit A, Scope of Work and Compensation, which is attached hereto and incorporated herein (the "Services").
1.2. Compliance with Law. The Services shall be performed in accordance with all applicable federal, state and local laws, ordinances, rules, regulations and orders.
1.3. Time is of the Essence. CONSULTANT agrees to diligently prosecute the Services. In the performance of this Agreement, time is of the essence.
1.4. Professional Competence. CONSULTANT represents that it has the professional skills necessary to perform the Services and that it will perform the Services in a skillful and professional manner. CONSULTANT represents that it has all the necessary licenses to perform the Services and shall maintain them throughout the term of this Agreement.
CONSULTANT agrees that the Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged, in the same or similar geographical area in which CONSULTANT practices its profession, and will prepare all work products required by this Agreement in accordance with such standards. CITY and CONSULTANT agree that CONSULTANT is in responsible charge of the Services and CITY shall have no control over the method or means of performance of the Services. Acceptance by CITY of the Services does not operate as a release of CONSULTANT from professional responsibility for the Services performed.
ATTACHMENT 2 Item #7.5.
- 2 -
OAK #4890-2776-373v1 (Rev. 9/2021)
1.5. Independent Contractor. CONSULTANT is an independent contractor and not an employee of CITY. CONSULTANT expressly warrants that it will not represent that it is an employee of CITY. Persons employed or utilized by CONSULTANT in the performance of the Services will not be employees or agents of CITY. CONSULTANT is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
1.6. Confidentiality. CONSULTANT agrees to maintain in confidence and not disclose to any person, firm, governmental entity, or corporation, without CITY's prior written consent, any trade secret or confidential information, knowledge or data relating to the products, process, or operation of CITY. CONSULTANT further agrees to maintain in confidence and not to disclose to any person, firm, governmental entity, or corporation any data, information, technology, or material developed or obtained by CONSULTANT during the performance of the Services. The covenants contained in this Section 1.6 shall survive the termination of this Agreement for whatever cause.
1.7. Ownership of Material. Any reports and other material prepared by or on behalf of CONSULTANT under this Agreement (collectively, the "Documents") shall be and remain the property of CITY. All Documents not already provided to CITY shall be delivered to CITY on the date of termination of this Agreement for any reason. The Documents may be used by CITY and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes CITY may deem appropriate without further employment of or payment of any compensation to CONSULTANT.
1.8. Documentation. CONSULTANT shall keep and maintain full and complete documentation and accounting records, employee time sheets, and correspondence pertaining to the performance of the Services, and CONSULTANT shall make such documents available for review and/or audit by CITY and CITY's representatives at all reasonable times for at least four years after the termination of this Agreement or completion of the Services.
1.9. Testimony. CONSULTANT agrees to testify at CITY's request if litigation is brought against CITY in connection with the Services. Unless the action is brought by CONSULTANT or is based upon CONSULTANT's negligence, CITY will compensate CONSULTANT for the preparation and the testimony at CONSULTANT's standard hourly rates.
ARTICLE 2 - COMPENSATION
2.1. Compensation. Compensation for the Services shall be in accordance with Exhibit A, Scope of Work and Compensation, attached hereto and incorporated herein. It is agreed that the compensation for the Services shall not exceed Seventy-Three Thousand Two Hundred Dollars ($73,200) ("Cost Ceiling").
2.2. Invoices. CONSULTANT shall submit monthly invoices in a form satisfactory to CITY on or before the tenth day of each month for Services provided during the preceding month. CONSULTANT shall submit time and cost records as necessary to substantiate Item #7.5.
- 3 -
OAK #4890-2776-373v1 (Rev. 9/2021)
performance of the Services. Within 35 days after receipt of each such invoice, CITY shall verify the accuracy of the invoice, correct the charges where appropriate and as discussed and mutually agreed with CONSULTANT, and make payment to CONSULTANT in an amount equal to the amount of such invoice, as verified or corrected by CITY. No payment hereunder shall be construed as evidence of acceptance of any of CONSULTANT's work. CITY reserves the right to withhold payment from CONSULTANT on account of Services not performed satisfactorily, delays in CONSULTANT's performance of Services, or other defaults hereunder. CONSULTANT shall not stop or delay performance of the Services under this Agreement on account of payment disputes with CITY.
2.3. Status Reports. Together with each monthly invoice, CONSULTANT shall submit a status report detailing the amount expended on the Services to that date and the remaining amount to be expended before the Cost Ceiling is reached. CONSULTANT shall notify CITY in writing when payments have reached 90 percent of the Cost Ceiling.
2.4. Withholding. In lieu of holding retention, CITY shall withhold CONSULTANT's final payment until the Services are complete and CITY has received all Documents.
CONSULTANT shall diligently continue and complete performance of the Services if the Services are not complete at the time CONSULTANT has performed services up to the Cost Ceiling.
ARTICLE 3 - TIME OF PERFORMANCE
3.1. Effective Date. This Agreement shall become effective upon execution of the second signature and shall remain in full force and effect until the Services are completed (the "Term"). CONSULTANT agrees to complete all services by November 30, 2023.
3.2. Termination. This Agreement may be terminated at any time by CITY upon written notice to CONSULTANT.
3.3. Final Payment. CONSULTANT shall be entitled to compensation for Services performed up to the time of such termination, it being understood that any payments are full compensation for the Services rendered under this Agreement.
3.4. Other Remedies. Nothing in this Article 3 shall be deemed to limit the respective rights of the parties to terminate this Agreement for cause or otherwise to exercise any rights or pursue any remedies which may accrue to them.
ARTICLE 4 - DESIGNATED CONTACTS
4.1. CITY Contact. CITY designates Derek Rayner, its Public Works Director, as its contact who shall be responsible for administering and interpreting the terms and conditions of this Agreement, for matters relating to CONSULTANT's performance under this Agreement, and for liaison and coordination between CITY and CONSULTANT. In the event CITY wishes to make a change in CITY's representative, CITY will notify CONSULTANT of the change in writing.
Item #7.5.
- 4 -
OAK #4890-2776-373v1 (Rev. 9/2021)
4.2. CONSULTANT Contact. CONSULTANT designates Susanne Loutis, P.E. as its contact, who shall have immediate responsibility for the performance of the Services and for all matters relating to performance under this Agreement. Any change in CONSULTANT's designated contact shall be subject to written approval by CITY.
ARTICLE 5 - INDEMNIFICATION AND INSURANCE
5.1. Indemnification. CONSULTANT shall, to the fullest extent allowed by law, with respect to claims, liability, loss, damage, costs, or expenses, including reasonable attorney's and expert witness fees, awards, fines, penalties, or judgments, arising out of or relating to the Services (collectively "Claims"), defend, indemnify, and hold harmless CITY, its Officials, officers, employees and agents (the "CITY Parties"), except to the extent the Claims are attributable to CITY Parties' gross negligence or willful misconduct. CONSULTANT shall defend the CITY Parties as required by California Civil Code Section 2778, and with counsel reasonably acceptable to those parties.
CONSULTANT shall have no right to seek reimbursement from the CITY Parties for the costs of defense.
If CONSULTANT is a “design professional,” as defined in California Civil Code Section 2782.8(c), CONSULTANT shall indemnify, defend, and hold the Indemnitees harmless against Liability only to the extent such Liability arises out of, pertains to, or relates to CONSULTANT’s negligence, recklessness, or willful misconduct. In such an event, the cost to defend charged to CONSULTANT shall not exceed CONSULTANT’s proportionate percentage of fault.
The obligations contained in this Section 5.1 shall survive the termination of this Agreement for whatever cause for the full period of time allowed by law and shall not in any way be limited by the insurance requirements of this Agreement.
5.2. Health and Safety. CONSULTANT may perform part of the Services at sites which contain unknown working conditions and contaminated materials. CONSULTANT shall be solely responsible for the health and safety of CONSULTANT's employees during the performance of the Services.
5.3. Insurance. CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency shall procure, provide and maintain at all times during the performance of this Agreement, and for such additional periods as described herein, the insurance listed below with insurers licensed to do business in the State of California and with a Best's rating of no less than A:VII.
A. Commercial Automobile Liability Insurance. Commercial Automobile Liability Insurance providing bodily injury liability and property damage, to protect against all liability arising out of the use of any owned, leased, passenger or commercial automobile at a minimum amount of $1,000,000 combined single limit and $2,000,000 aggregate. Coverage shall apply to hired and non-owned autos.
Item #7.5.
- 5 -
OAK #4890-2776-373v1 (Rev. 9/2021)
B. Commercial General Liability Insurance. Commercial General Liability Insurance, with limits providing a minimum amount of $1,000,000 combined single limit coverage for each occurrence, $2,000,000 general aggregate and $2,000,000 products/completed operations aggregate. The insurance shall cover all operations including but not limited to the following: (1) premises, operations and mobile equipment liability; (2) completed operations and products liability; (3) contractual liability insuring the obligations assumed by CONSULTANT in this Agreement; (4) broad form property damage liability; (5) personal injury liability endorsement, including death; and (6) automobile bodily injury and property damage insurance, including all owned, hired and non-owned equipment.
C. Professional Liability Insurance. Professional Liability Insurance protecting against liabilities arising out of or in connection with negligent acts, errors, or omissions of CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other 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 policies shall include coverage for liability assumed by the CONSULTANT under this Agreement.
D. Workers Compensation Insurance. Workers Compensation insurance, occupational disease insurance and employer’s liability insurance shall be required with minimum limits as required by law, covering all workplaces involved in this Agreement.
E. Sexual Abuse or Molestation (“SAM”) Liability: If the work will include contact with minors, and the Commercial General Liability policy under Section 5.3(B) is not endorsed to include affirmative coverage for sexual abuse or molestation, CONSULTANT shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim.
F. Policy Terms. Concurrently with execution of this Agreement, CONSULTANT shall provide CITY with Certificates of Insurance evidencing that CONSULTANT has obtained or maintains the insurance required by this Section
5.3. The Certificates shall be on forms acceptable to CITY. CONSULTANT shall also furnish CITY with original endorsements with the following documentation:
Precluding cancellation or reduction in coverage before the expiration of thirty (30) days after CITY shall have received written notification thereof from CONSULTANT by United States mail;
Providing that CONSULTANT's insurance shall apply separately to each insured against whom claim is made or suit is brought, and include a “separation of insureds” or “severability” clause which treats each insured separately, except with respect to the limits of the insurer's liability (cross-liability endorsement);
Item #7.5.
- 6 -
OAK #4890-2776-373v1 (Rev. 9/2021)
Excepting CONSULTANT’S professional liability insurance, naming CITY, its City Council, boards, commissions, committees, officers, employees and agents as additional insureds (“Additional Insureds”); and Providing that for any claims relating to CONSULTANT's services hereunder, CONSULTANT's insurance coverage shall be primary insurance with respect to CITY, its City Council, boards, commissions, committees, officers, employees and agents, and that any insurance or self-insurance maintained by CITY for itself, its City Council, boards, commissions, committees, officers, employees and agents shall be in excess of CONSULTANT's insurance and shall not be contributory with it.
It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverages requirements and/or limits shall be available to the Additional Insured, including but not limited to any umbrella or excess insurance.
Furthermore, the requirements for coverage and limits shall be the greater of:
(a) the minimum coverage and limits specified in this Agreement; or (b) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.
G. Waiver of Subrogation: CONSULTANT hereby grants to CITY a waiver of any right to subrogation which any insurer of said CONSULTANT may acquire against the CITY by virtue of the payment of any loss under such insurance.
CONSULTANT hereby agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. However, the Worker’s Compensation policy required by Section 5.3(D) of this Agreement shall be endorsed with a waiver of subrogation in favor of CITY for all work performed by CONSULTANT, its employees and/or agents.
H. Material Breach. If CONSULTANT fails to maintain insurance coverage or provided insurance documentation which is required pursuant to this Agreement, it shall be deemed a material breach of this Agreement. CITY, at its sole option, may terminate this Agreement and obtain damages from CONSULTANT resulting from said breach. Alternatively, CITY may purchase the required insurance coverage, and without further notice to CONSULTANT, may deduct from sums due to CONSULTANT any premium costs advanced by CITY for such insurance. These remedies shall be in addition to any other remedies available to CITY.
ARTICLE 6 - NOTICES
All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by facsimile or reputable overnight courier and shall be deemed received upon the earlier of: (1) if personally delivered, the date of delivery to the address of the person to receive such notice; (2) if delivered by Federal Express or other overnight courier for next business day delivery, the next business day; (3) if sent by facsimile, with the original sent on the same day by overnight courier, the date on which the facsimile is Item #7.5.
- 7 -
OAK #4890-2776-373v1 (Rev. 9/2021)
received, provided it is before 5:00 P.M. Pacific Time; or (4) if sent electronically, the date of delivery on the confirmed read receipt. Notice of change of address shall be given by written notice in the manner described in this Article 6. Rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice or communication sent. Unless changed in accordance herewith, the addresses for notices given pursuant to this Agreement shall be as follows:
If to CITY: Laura Snideman, City Manager
1232 Washington Street
Calistoga, CA 94515
Email: [email protected]
Phone: 707-942-2806
If to CONSULTANT: Susanne Loutis, P.E.
152 S. Main Street, Suite C
Willits, CA________________________________
Phone: (707) 841-2001
Email: [email protected]
ARTICLE 7 - MISCELLANEOUS
7.1. Conflict of Interest Prohibition. CITY and CONSULTANT will comply with the requirements of the CITY’s Conflict of Interest Code adopted pursuant to California Government Code §87300 et seq., the Political Reform Act (California Government Code §81000 et seq.), the regulations promulgated by the Fair Political Practices Commission (Title 2, §18110 et seq. of the California Code of Regulations), California Government Code §1090 et seq., and any other ethics laws applicable to the performance of the Services and/or this Agreement. CONSULTANT may be required to file with the CITY Clerk a completed Form 700 before commencing performance of the Services unless the CITY Clerk determines that completion of a Form 700 is not required, pursuant to CITY’s Conflict of Interest Code. Form 700 forms are available from the CITY Clerk.
CONSULTANT may not perform Services for any other person or entity that, pursuant to any applicable law or regulation, would result in a conflict of interest or would otherwise be prohibited with respect to CONSULTANT’s obligations pursuant to this Agreement.
CONSULTANT agrees to cooperate fully with CITY and to provide any necessary and appropriate information requested by CITY or any authorized representative concerning potential conflicts of interest or prohibitions concerning CONSULTANT’s obligations pursuant to this Agreement.
CONSULTANT may not employ any CITY official, officer or employee in the performance of the Services, nor may any official, officer or employee of CITY have any financial interest in this Agreement that would violate California Government Code §1090 et seq. CONSULTANT hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of CITY. If Item #7.5.
- 8 -
OAK #4890-2776-373v1 (Rev. 9/2021)
CONSULTANT was an employee, agent, appointee, or official of CITY in the previous twelve months, CONSULTANT warrants that it did not participate in any manner in the forming of this Agreement. CONSULTANT understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and CONSULTANT will not be entitled to any compensation for CONSULTANT’s performance of the Services, including reimbursement of expenses, and CONSULTANT will be required to reimburse CITY for any sums paid to CONSULTANT under this Agreement. CONSULTANT understands that, in addition to the foregoing, penalties for violating Government Code §1090 may include criminal prosecution and disqualification from holding public office in the State of California.
Any violation by CONSULTANT of the requirements of this provision will constitute a material breach of this Agreement, and the CITY reserves all its rights and remedies at law and equity concerning any such violations.
7.2. Subcontracting. CONSULTANT may subcontract portions of the Services upon the prior written approval of CITY. CONSULTANT will be solely responsible for payment of such subcontract Services. No contractual relationship will exist between any such subcontractors of CONSULTANT and CITY. CONSULTANT’s subcontractors agree to be bound to CONSULTANT and CITY in the same manner and to the same extent as CONSULTANT is bound to CITY under the Agreement. CONSULTANT’s subcontractors further agree to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, with any subsubcontractor to the extent they apply to the scope of the sub-subcontractor’s work. A copy of the CITY indemnity and insurance provisions will be furnished to CONSULTANT’s subcontractors upon request.
7.3. Entire Agreement. This Agreement represents the entire understanding of CITY and CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may only be modified by an amendment in writing signed by each party.
7.4. No Assignment. The Services are deemed unique and neither party shall assign, transfer, subcontract or otherwise substitute its interest in this Agreement or any of its obligations hereunder without the prior written consent of the other party. As limited by this Section
7.2, this Agreement is to be binding on the successors and assigns of the parties hereto.
7.5. Severability. If any part of this Agreement is determined to be unconstitutional, invalid or beyond the authority of either party, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement can be interpreted to give effect to the intentions of the parties.
7.6. Counterparts. This Agreement may be signed in counterparts and, when fully signed, such counterparts shall have the same effect as if signed in one document.
Item #7.5.
- 9 -
OAK #4890-2776-373v1 (Rev. 9/2021)
7.7. Choice of Law. This Agreement and all matters relating to it shall be governed by the laws of the State of California without reference to its choice of laws principles and venue shall be in the appropriate court in Napa County, California.
7.8. Waiver. No failure on the part of either Party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder. A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other further breach.
7.9. Mediation. In the event the parties are unable to resolve a dispute arising under this Agreement through good faith negotiations, the parties agree to submit the matter to mediation with a mutually agreeable mediator. Prior to the mediation, the parties shall exchange any documents reasonably necessary to resolve the matter to be mediated.
7.10. Interpretation. In the event this Agreement is ever construed in any dispute between the parties, it and each of its provisions shall be construed without regard to the party or parties responsible for its preparation and shall be deemed to have been prepared jointly by the parties. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement.
7.11. Authority. Each individual executing this Agreement on behalf of one of the parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such party and that this Agreement is binding on such party in accordance with its terms.
7.12. Third Parties. Nothing contained in this Agreement shall create a contractual relationship with, or cause of action in favor of, a third party against either the CITY or CONSULTANT. CONSULTANT’s Services hereunder are being performed solely for the benefit of CITY. CITY shall be an express third-party beneficiary of all contracts between CONSULTANT and any subcontractors or subconsultants in connection with any services performed in connection with, or in furtherance of, this Agreement. * * *
[Signatures on Next Page]
Item #7.5.
- 10 -
OAK #4890-2776-373v1 (Rev. 9/2021)
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.
CITY OF CALISTOGA
By: Date:
Laura Snideman, City Manager
CONSULTANT
By: Date:
Susanne Loutis, P.E., President
By: Date:
Attest
By:
Yudiana Galvan, Interim City Clerk
Approved As To Form
By:
Michelle Marchetta Kenyon, City Attorney
July 5, 2023
Item #7.5.
OAK #4823-2508-6159 v2
EXHIBIT A
SCOPE OF WORK AND COMPENSATION
Item #7.5.
City of Calistoga
Proposal for Inspec�on and Materials Tes�ng Services
for the
Cedar Street U�lity Replacement
and Pavement Rehabilita�on Project
Project No. 19-5535
Submited by:
Tall Tree Engineering Inc.
Prepared for: Mr. Hamid Heidary
Date: June 26, 2023
Item #7.5.
Tall Tree Engineering Inc. 152 S. Main St. Willits, Ca. 95490 (707)841-2001 Page 2 of 2 Scope of Services
Tall Tree Engineering Inc. (TTE) proposes to act as the prime contractor and subcontract with PJC & Associates, Inc. (PJC) to successfully complete the required work specified in the Calistoga Request for Proposal for Inspec�on and Materials Tes�ng Services issued on June 20, 2023 (RFP). PJC will provide the material tes�ng services throughout the project. TTE will coordinate all subcontracted work with PJC directly.
Task 1
TTE and PJC will monitor the project’s construc�on for compliance with the project plans and specifica�ons. TTE will provide and oversee con�nuous daily construc�on inspec�on for the project with a provided or otherwise approved inspec�on form. PJC may provide simultaneous daily construc�on inspec�on and materials tes�ng, should the daily work exclude pipe placement and connec�ons, but include base placement, asphalt placement, and/or concrete placement or formwork exclusively. At those �mes, PJC would replace TTE as the construc�on inspector for the en�re day. Photos will be taken daily to depict the construc�on work done on each day. TTE will electronically submit the daily reports and photos on a weekly basis to an approved City of Calistoga representa�ve.
Task 2
TTE will subcontract with PJC to provide all the required materials tes�ng and their respec�ve reports as listed in the RFP which include:
• Field and laboratory tes�ng necessary to assure that the contractor is provides the required quality of workmanship and materials for construc�on.
• Use a nuclear density gauge to perform field density tests of subgrade, aggregate base, and asphalt.
• Collect asphalt concrete samples. If deemed necessary, perform mix design tests including Stability (CTM 366), LTMD (CTM 308), Rice Gravity (CTM 309), Asphalt Content (CTM 382) and Air Voids Content (CTM 367).
TTE will require the contractor to provide a minimum of 24-hours of no�ce for materials tes�ng Fees
Task Not to Exceed Amount
1 $54,331
2 $18,900 (includes a 10% con�ngency)
Total For All Tasks $ 73,200
Fees are based on regular working hours (i.e. no weekends, holidays, or night shi�s) and includes travel �me, mileage expenses, and administra�ve fees. Not to exceed amount may be modified for work done a�er 40 construc�on days.
Item #7.5.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Jul 18 2023
Subject: Award a Construction Contract to Pavement Coatings Co. in an Amount Not to Exceed $593,175
DESCRIPTION:
Consideration of a Resolution that:
1. Conditionally awards a construction contract to Pavement Coatings Co. for the 2023 Slurry Seal Project Phase I (Project) in an amount not to exceed $593,175, subject to Pavement Coatings Co. providing all documents in satisfaction of the bid award requirements.
2. Approves the Project construction budget in the amount of $712,000 that includes a contingency of 20% for change orders and special inspections and authorizes the Public Works Director to negotiate and approve contract change orders, and contract with a special inspections firm, up to the approved construction budget amount.
3. Authorizes the City Manager to execute the Project contract on behalf of the City of Calistoga.
4. Directs staff to issue a notice of award to Pavement Coatings Co. and otherwise administer the Project.
5. In the event Pavement Coatings Co. is unable to meet the conditions of the award, the construction contract will be awarded to the second lowest bidder Dryco Construction Co. Award conditioned upon Dryco Construction Co. providing all documents in satisfaction of the bid award requirements.
RECOMMENDATION:
Consider adopting the resolution.
BACKGROUND/SUMMARY:
The City’s 2022 Pavement Management Report identifies slurry seal as a cost-effective surface treatment to maintain and extend the life of streets rated as “very good” condition. This Project is part of the Pavement Preventive Maintenance program and will treat the streets shown on the attached map.
The project is phase 1 of 2 and will slurry seal 26 roads in the northern portion of town with this phase.
Staff will be designing and plans to bid phase II next fiscal year to complete another 28 roadways in the southern portion of town. The project scope will also include dig-outs and AC patching to fill potholes prior to sealing these roadways.
Item #7.6.
Slurry seal is a preventive maintenance which involves applying an emulsified asphalt mixture spread over the existing street surface. It helps protect streets from water penetration, provides a new surface with improved skid-resistance, and extends the life of the roadway. Slurry seal is part of the City's ongoing pavement maintenance program to help seal cracks and preserve the pavement of our streets.
Previously, the city used microsurfacing instead of a slurry seal treatment for this purpose. Both treatments are approximately equivalent in durability. Recent changes in state regulations have made mircosurfacing a treatment that triggers costly ADA upgrades that would severely increase the cost of this project. The slurry seal treatment does not require such upgrades currently.
Project plans and specifications were prepared by Public Works Department staff with technical specifications by Pavement Engineering Inc. The Project was advertised for bid on May 12, 2023. The Engineer’s Estimate for the project was $515,000. On June 8, 2023, four bids were received as summarized below:
Pavement Coatings Co. $593,175.00
Dryco Construction, Inc. $607,560.00
VSS International, Inc. $633,120.00
American Pavement Systems, Inc $778,417.50
Staff has reviewed the low bid from Pavement Coatings Co., performed due diligence, and performed reference checks. Based on this review staff recommends that the City Council find Pavement Coatings Co. to be the lowest responsive and responsible bidder.
CEQA STATUS:
The project involves the repair and maintenance of existing public streets. As such the project is exempt from the provisions of the California Environmental Quality Act pursuant to Title 14, the California Code of Regulations, Section 15301(c).
FINANCIAL IMPACT:
The Project is included in three FY23/24 funds: Pavement and Maintenance CIP Budget, Account #01-5402- 4905-4915. The total amount available in the Pavement and Maintenance budget is $2,950,000, The total project costs of $711,810 are well within budget.
Almost 70 percent of the Pavement and Maintenance budget is provided from State and County tax revenues (i.e. Measure T, SB1). The remaining 30% is provided by the General Fund.
ATTACHMENT(S):
1. Draft Resolution
2. Contract for Construction
3. Project Map
Item #7.6.
RESOLUTION NO. 2023-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY
OF NAPA, STATE OF CALIFORNIA, CONDITIONALLY AWARDING A
CONSTRUCTION CONTRACT TO PAVEMENT COATINGS CO. IN AN AMOUNT NOT TO EXCEED $593,175 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT WITH A BUDGET IN THE AMOUNT OF $712,000 FOR THE 2023 SLURRY SEAL PROJECT PHASE I
WHEREAS, the City’s 2022 Pavement Management Report identifies slurry seal as a cost-effective surface treatment to maintain and extend the life of streets rated as “very good” condition; and
WHEREAS, the City’s adopted FY 2023/24 CIP Budget contains approximately $2,950,000 in unencumbered appropriations for paving projects under Account 01- 5402-4905-4915; and
WHEREAS, the Project is exempt from the provisions of the California Environmental Quality Act pursuant to Title 14, the California Code of Regulations, Section 15301(c); and
WHEREAS, a request for bids was circulated on May 12, 2023, and four bids were received by the City; and
WHEREAS, with the low bidder being Pavement Coatings Co., with the base bid in the amount of $593,175 and the second lowest bid was from Dryco Construction Co. with the base bid in the amount of $607,560; and
WHEREAS, City staff has confirmed that the bid from Pavement Coatings Co. satisfies the bidding requirements for the Project as described in the bid instructions; and
WHEREAS, staff has determined that Pavement Coatings Co. possesses the required license(s) for this Project and is otherwise qualified to perform the Project in accordance with the Contract documents; and
WHEREAS, staff has reviewed the bid from Pavement Coatings Co. and recommends that the City Council find that Pavement Coatings Co. is the lowest responsible and responsive bidder; and
WHEREAS, staff recommends that a contract be awarded to Pavement Coatings Co. for the base bid in an amount not to exceed $593,175; and ATTACHMENT 1
Item #7.6.
Resolution No. 2023-XXX
WHEREAS, approve a total construction budget in the amount of $712,000 that includes contract award amount of $593,175 plus a 20% contingency to cover additional construction management and inspections costs and authorizes the Public Works Director to negotiate and approve contract change orders and execute contracts for construction management and inspection services up to the approved amount.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY find the following:
1. Finds that the bid from Pavement Coatings Co. is the lowest responsive bid and is a responsible bidder and waives any and all minor bid irregularities.
2. Approves a total construction budget in the amount of $712,000 that includes contract award amount of $593,175 plus a 20% contingency to cover additional construction management and inspections costs and authorizes the Public Works Director to negotiate and approve contract change orders and execute contracts for construction management and inspection services up to the approved amount.
3. Awards the construction contract to Pavement Coatings Co. for the base bid in the amount not to exceed $593,175 for construction of the 2023 Slurry Seal Project Phase I conditioned upon Pavement Coatings Co. providing all documents in satisfaction of the bid award requirements.
4. Authorizes the City Manager to execute the Contract on behalf of the City of Calistoga.
5. Directs staff to issue a notice of award to Pavement Coatings Co. and otherwise administer the Project.
6. In the event Pavement Coatings Co. is unable to satisfy the bid award requirements, awards the construction contract to Dryco Construction Co. under the same requirements, and authorizes the commensurate increase in expenditures from CIP Account No. 01-5402-4905-4915 to fund the Project.
Item #7.6.
Resolution No. 2023-XXX
PASSED, APPROVED AND ADOPTED this 18th day of July, 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:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
______________________________ ____________________________ Yudiana Galvan, Interim City Clerk Donald Williams, Mayor Item #7.6.
ATTACHMENT 2Item #7.6.
Item #7.6.
Item #7.6.
Item #7.6.
Item #7.6.
Item #7.6.
OAT HILL CT.
TABLE ROCK CT.
HIGH ROCK DR.
CINNABAR CT.
FALLERI DR. MONEY LN.
MONEY LN.
AURORA DR.
CARLI DR.
EMERALD DR.
N. OAK ST.
ADELE ST.
REYNARD ST.
EMERALD DR.
MICHAEL WY.
MICHAEL WY.
MAGGIE AVE.
AMBER WY.
NORA AVE.
GARNET CREEK CT.
GRANT ST.
GRANT ST.
GRANT ST.
GRANT ST.
CENTENNIAL CIR.
CENTENNIAL CIR.
FAIRWAY VISTA CT-N.
VIEW RD.
ARCH WY.
LAKE ST.
LAKE ST.
LAKE ST.
HARLEY ST.
FILMORE ST.
FISHER ST.
FISHER ST.
FISHER ST.
N. OAK ST.
STEVENSON ST.
WAPPO AVE.
WAPPO AVE.
LAKE CO. HWY. 29
LINCOLN AVE.
MITZI DR.
DENISE DR.
DEBBIE WY.
JANIS WY.
DENA WY. KATHY WY.
GRANT ST.
URBANI PL.
FOOTHILL
REVISIONS
DESIGNED: DRAWN: CHECKED: PROJECT NO: FILE NO: REVISIONS
DESCRIPTION BY DATE
SUBMITTED: PROJECT ENGINEERAPPROVED: CITY ENGINEER: NO. SCALE:, 2023 , 2023 PUBLIC WORKS
DEPT - CIP
OVERALL PLAN
2023 SLURRY SEAL PROJECT
(23-5552)
CITY OF CALISTOGA
NO SCALE
Slury Seal Project 2023\Design PS&E
DFDFDR, HH
23-5552 2 0F 9 CONSTRUCTION LEGEND SLURRY SEAL ATTACHMENT 3 Item #7.6.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Katie Lichtig,
Meeting: City Council - Jul 18 2023
Subject: Lease of City property with Energy Vault, Inc.
DESCRIPTION:
Ground lease for .7 acres of City property with Energy Vault, Inc. for the purpose of building, maintaining and operating an energy microgrid.
RECOMMENDATION:
Consider authorizing the City Manager to execute a lease for .7 acres of City property with Energy Vault, Inc.
BACKGROUND/SUMMARY:
Beginning in the summer/fall of 2018 Pacific Gas & Electric (PG&E) initiated a Wildfire Mitigation plan which included Public Safety Power Shutoffs (PSPS) when wildfire conditions are present. During a PSPS, PG&E switches off transmission power in High Fire Hazard areas. The power shutoffs were an attempt to prevent wildfires from being started by electrical equipment during strong and dry winds.
The City of Calistoga has been subject of several PSPS events, which have lasted a few hours to several days leaving business, citizens, and many critical governmental services without power. To address the power shutoffs during PSPS events, in 2020 PG&E installed an array of diesel generators that provides back-up power to the City. Since then and as a result of Public Utilities Commission mandate, PG&E sought a cleaner power alternative to the diesel generators. This process resulted in the selection of Energy Vault, Inc. (EV) to design, build, maintain and operate a hydrogen and battery powered microgrid.
EV selected approximately .7 acres of city property for the purpose of installing and operating a microgrid utilizing hydrogen and battery storage systems. The site is adjacent to the City Yards and the Dog Park on Washington Street as shown in the following diagram.
Specifically, a microgrid provides power to the electrical grid during PSPS events. EV proposes to install a “first of its kind hybrid long duration energy storage system that utilizes a combination of batteries and green hydrogen.” This system is using proven individual technologies in a unique system to address the specific challenge to provide up to 48 hours of sustained power to the City of Calistoga during prolonged PSPS events through PG&E’s distribution system without the use of the diesel generators. The diesel generators are noisier and emit greater particulate matter than the proposed microgrid. Energy Vault is referring to the microgrid as the Calistoga Resiliency Center or CRC.
ANALYSIS:
Energy Vault will design, construct, maintain and operate a hybrid battery energy storage hydrogen fuel cell electrical power generation facility on the leased property. Between June 1 and November 1 Item #7.7.
of each year PG&E will activate (also called a "dispatch") the microgrid during PSPS events pursuant to the contract terms between PG&E and EV. This activation is intended to mitigate the impacts of PSPS events. PG&E will also have the option outside of the June 1 – November 30 contract period to activate the microgrid (called “courtesy dispatches”) to support any needed planned work on the distribution system or to mitigate outages related to emergencies other than PSPS events. The contract term between PG&E and EV is 10.5 years.
Negotiations with Energy Vault resulted in a draft lease for the use of city property containing for the following conditions:
• Rent: The proposed lease rent equals $100,000 per year. If the facility is to be decommissioned, then rent due for the decommissioning period shall be prorated to the length of time to complete decommissioning
• Initial Term: The Initial Term of this Lease shall commence on the date upon which EV has received all necessary permits to commence construction of the Facility and will expire on November 30, 2034. At the expiration of Initial Term or an extension term, the Tenant shall have up to one year to decommission the Facility and vacate the Premises. • Extension Term: The parties may agree to extend the term of this Lease for an additional term commencing on the expiration date of the Initial Term. The City’s agreement to extend the term of the Lease shall be at its sole and unfettered discretion and City shall be under no obligation to extend the term. An extension would require further action by the City Council and best practices suggest renewed lease negotiations.
• Escalator: The appraiser indicated that reasonable rent increase would be one to three percent (1% - 3%). The proposed lease includes an escalator of 2% each year beginning in year 2. • Reimbursement of City costs of negotiating the lease: EV has agreed to reimburse the City $29,000 in costs. This amount will cover all direct costs of the City Attorney’s Office since the applicant requested the lease and about $11,000 of costs incurred by the General Fund including the cost of the appraisal ($4,500). This amount does not include the staff costs associated with the Use Permit application which is collected separately. • Indemnification: The City Attorney’s proposed language related to the project is included in the proposed lease. Language was proposed regarding indemnification surrounding any legal challenges to the Use Permit and the CEQA analysis. The City Attorney’s Office agreed to remove this language as long as the language was included in the Conditions of Approval (CoA) for the Use Permit. Mr. Messinger from the City Attorney's Office and I confirmed that this language is in the CoA heard by the Planning Commission on June 14, 2023. • Insurance: EV agreed to $25 million in General Commercial Liability insurance. The City’s risk management authority is comfortable with this amount. All other insurance provisions as recommended by the risk management authority and/or City Attorney's Office were agreed to by EV unchanged. The cost of all insurance will be paid by EV.
CEQA STATUS:
The Planning Commission considered and approved a Categorical Exemption on June 14, 2023.
FINANCIAL IMPACT:
The fiscal impacts of this action are outlined below.
Rent/Revenue: $1,341,209 (includes a full year for decommissioning which may be slightly less if prorated for a portion of the year.
Item #7.7.
Cost Reimbursement: $29,000 (one-time).
City Expenses: Costs to monitor the lease and issue an annual invoice for rent will be minimal and can be absorbed within existing resources.
All revenue will be deposited into the appropriate General Fund revenue account.
ATTACHMENT(S):
Microgrid Ground Lease 6-28-23 Final
APPROVAL(S):
Nitish Sharma Approved - Jul 11 2023
Laura Snideman, City Manager Approved - Jul 12 2023
Yudiana Galvan, Interim City Clerk Pending
Item #7.7.
IRV #4894-4214-3522 v5
RECORDING REQUESTED BY:
WHEN RECORDED MAIL TO:
Calistoga Resiliency Center, LLC
4360 Park Terrace Drive, Suite 100
Westlake Village, CA 91361
SPACE ABOVE THIS LINE FOR RECORDERS USE
APN: SITE LEASE AGREEMENT
SITE LEASE AGREEMENT
This Site Lease Agreement (“Lease”) is made and entered into this __th day of ___________, 2023 by and between the City of Calistoga, a municipal corporation (“City”) located at 1232 Washington St., Calistoga, CA 94515, and Calistoga Resiliency Center, LLC, a Delaware limited liability company (“Lessee”), with its principal place of business at 4360 Park Terrance Drive, Suite 100, Westlake Village, CA 91361. City and Lessee are referred to herein, collectively, as the “Parties.”
RECITALS
A. The City owns certain property located at _ 204 Washington Street, Calistoga, CA 94515 (APN 011-260-002 and -003) (“Property”), which is shown on the map attached as Exhibit A hereto and incorporated herein by reference. The Property is located adjacent to the electrical infrastructure including a diesel-powered substation owned by Pacific Gas & Electric Company (“PG&E”).
B. Due to the Property’s optimal location to the PG&E electrical infrastructure, Lessee, as the successful proposer to PG&E for a distributed energy resource program, is interested in executing a lease with City to use the Property to develop, construct, and operate a hydrogen and battery energy storage project.
C. Lessee proposes to install, operate and maintain an 8.5 Mega Watt hydrogen and battery energy storage facility (“Facility”) using a containerized system of at least four (4) integrated battery containers along with a hydrogen storage system and mounted on concrete pad(s) as well as associated interconnection and communications systems with an approximate area of 26,572 sq ft. (the “Project”).
Item #7.7.
IRV #4894-4214-3522 v5
NOW, THEREFORE, in consideration of the above recitals and in exchange for other valuable consideration, the receipt of and sufficiency of which are hereby acknowledged, City and Lessee hereby agree as follows:
1. Premises and Use. Subject to Section 3.3, below, City hereby exclusively leases to Lessee, and Lessee hereby leases from City, unimproved areas without utilities on the Property (the “Premises” or “Leased Premises”) as shown on the map attached as Exhibit B, together with all necessary easements and rights-of-way for ingress and egress and electrical interconnections for the construction, use, operation, maintenance, repairing, replacing and removing a hydrogen and battery energy storage facility. The Lease is solely intended for hydrogen and battery energy storage and use of attendant equipment and for no other purpose without written consent of the City, which consent shall not be unreasonably withheld, conditioned or delayed, and for no unlawful use of the Premises. Lessee shall not use or permit the use of the Premises in a manner that is unlawful, creates damage, waste or a nuisance, or that disturbs or causes damage to neighboring premises or properties. All costs and labor to purchase, install, clean, and maintain equipment or material will be the sole responsibility of Lessee. No other improvements and no permanent structures shall be made on the Property or the Premises, except as expressly permitted herein, without prior written approval from the City, which approval shall not be unreasonably withheld, conditioned or delayed. Any change in use requires written modification of this Lease. Lessee shall be responsible for always securing its use of the Premises with security fencing and appropriate monitoring system(s) as agreed by the Parties during the term of this Lease.
City shall have the right to have access to, occupy, use, and maintain all other portions of the Property not leased by Lessee for the entirety of the term of the Lease and all subsequent renewal periods. When so determined by agreement of the Parties, the final legal description and map of the Leased Premises shall be modified through written, recorded amendment of the Lease. The area of the Leased Premises thus defined will determine rent as defined in Paragraph 4.1: Rent (below). Lessee shall have the right to grant to public entities, public service corporations and public utilities any rights-ofway or easements on or over the Property for poles or conduits, or both, for telephone, electricity, water, sanitary or storm sewers, or both, and for other utilities and municipal or special district services as may be needed for the Facility. Lessee, in its discretion, shall have the right from time to time to make, or cause to be made, at its sole cost and expense, improvements, additions, alterations and changes to the Leased Premises it deems necessary or desirable to maintain its Facility and related improvements and facilities, including any alteration, demolition or removal of existing structures or items of personal property on the Leased Premises.
2. Cooperation. Lessee’s ability to use the Premises is dependent upon Lessee’s obtaining all certificates, permits, licenses and other approvals which may be required from any federal, state, or local authority (collectively “Governmental Approvals”) and any certificates, permits, licenses and other approvals shall be at the sole cost and expense of Lessee. City shall take no action which will adversely affect the status of the Premises with respect to Lessee’s proposed uses, and City agrees to Item #7.7.
IRV #4894-4214-3522 v5
allow Lessee to perform surveys, soils testing, and other engineering procedures on, under and over the Property necessary to determine that the Premises will be acceptable to Lessee’s specifications and Governmental Approvals; provided that such surveys, soils testing and/or other engineering procedures shall be performed in a manner which results in the least disruption to City’s operation and utilization of the Property as is reasonably possible. Lessee shall obtain, maintain, and remain in compliance with all Permits, Laws, Ordinances, and Regulations necessary to operate the Facility, throughout the term of this Lease including any and all term extensions.
3. Lease Term.
3.1 Initial Term. The Initial Term of this Lease (the “Initial Term”) shall commence on the date upon which Tenant has received all necessary permits to commence construction of the Facility (the “Commencement Date”) and shall expire on and inclusive of) November 30, 2034. At the expiration of Initial Term or an extension term the Tenant shall have up to one year to decommission the Facility and vacate the Premises.
3.2 Extension Term. The parties may agree to extend the term of this Lease for an additional term commencing on the expiration date of the Initial Term. The City’s agreement to extend the term of the Lease shall be at its sole and unfettered discretion and City shall be under no obligation to extend the term.
3.3 Conditions Precedent. The commencement of this Lease pursuant to the terms of this Agreement is subject to the fulfillment of each and all conditions precedent described below.
i. Prior to the approval of this Lease, City shall have conducted review required in accordance with CEQA and shall approve any CEQA document determined by the City, as lead agency, to be required in connection with the approval of this Lease and issuance of such entitlements as are required for the Lessee’s intended use on the Premises of hydrogen and battery energy storage and use of attendant equipment, and the CEQA document shall have been Finally Approved.
ii. City shall have conducted review of such entitlements determined to be required by City, in its capacity as the land use authority, as are required for the Lessee’s intended use on the Premises of hydrogen and battery energy storage and use of attendant equipment, and such entitlements shall have been Finally Approved.
iii. For the purposes of this Lease, the term “Finally Approved” means that all periods to challenge, review or appeal of this Lease, the Item #7.7.
IRV #4894-4214-3522 v5
CEQA document, or any City issued entitlements (including by litigation or referendum) shall have expired without any challenge, review or appeal, or if there is a challenge, review or appeal, a final non-appealable resolution of the challenge or appeal shall have been issued upholding the approval of the Lease and City issued entitlements without any material changes to the original conditions of such approval.
iv. Lessee agrees to, and shall have, reimbursed City for all of its reasonable costs and expenses incurred in preparing, negotiating, and approving this Lease in an amount equal to $29,000. These costs shall be paid in full within 30 days of the date of the invoice.
4. Rent.
4.1 Initial Term. During the Initial Term and throughout the remainder of the Term, Lessee shall pay to City annual rent of $100,000 (“Rent”). Rent is payable on a yearly basis in advance, beginning on the first day of the Initial Term and due on each anniversary date thereafter and Lessee shall pay within thirty (30) days of receipt of an invoice from City. The City shall submit the invoice to the Lessees Accounting Department ([email protected]).
4.2 Proration of Rent upon Termination of Lease. If this Lease is terminated at a time other than on the anniversary date of this Lease, Rent shall be prorated as of the date of termination and, in the event of termination for any reason other than the nonpayment of Rent, all prepaid Rent shall be refunded to Lessee.
4.3 Late Payment Penalty. If any installment of Rent is not received by City by the fifteenth (15th) day after the due date, Lessee shall pay to City a late payment charge equal to ten percent (10%) of the amount of Rent due, for each late payment.
The parties agree that this late charge represents a fair and reasonable estimate of the costs that City will incur by reason of Lessee’s late payment. Acceptance of any late charge shall not constitute a waiver of Lessee's default with respect to the overdue amount or prevent City from exercising any of the other rights and remedies available to City pursuant to this Lease or under any applicable law. Rent which is not paid when due shall bear simple interest from due date at the rate of five hundredths percent (.05%) per day. All late payments shall be made with certified funds and shall be credited in the following order: 1) to past due fees, 2) to interest, 3) to the balance of the accrued rent.
4.4 Annual Rent Adjustment. Rent will increase two percent (2%) annually on the anniversary of the Commencement Date for the duration of the Lease, including during any extended term.
Item #7.7.
IRV #4894-4214-3522 v5
5. Termination.
5.1 This Lease may be terminated on ninety (90) days prior written notice by either party upon a default of any covenant, condition, or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default (without, however, limiting any other rights available to the parties pursuant to any other provisions hereof), provided the parties shall have such extended period as may be required beyond the sixty (60) days if the nature of the cure is such that is reasonably requires more than sixty (60) days and the defaulting party commences the cure within the ninety (90) day period and thereafter continuously and diligently pursues the cure to completion. Notwithstanding the foregoing to the contrary, it shall be a default under this Lease if City fails, within thirty (30) business days after receipt of written notice of such breach, to perform an obligation required to be performed by City if the failure to perform such an obligation interferes with Lessee’s ability to conduct its business on the Premises; provided, however, that if the nature of City’s obligation is such that more than thirty (30) business days after such notice is reasonably required for its performance, then it shall not be a default under this Agreement if performance is commenced within such thirty (30) business day period and thereafter diligently pursued to completion. Notwithstanding the foregoing to the contrary, it shall be a default under this Lease if Lessee fails, within five (5) business days after receipt of written notice of such breach, to pay any and all Rent as specified under this Lease.
5.2 Lessee may terminate this Lease if the Lessee’s Distributed Generation Enabled Microgrid Services Agreement with Pacific Gas & Electric is terminated on thirty (30) days prior written notice to City. At termination the Tenant shall have up to one year to decommission the Facility and vacate the Premises. During decommissioning period lease payment is due for the duration of the decommissioning calculated as a prorated amount of the annual rent.
5.3 After Lease termination and unless otherwise agreed to by the Parties, Lessee shall remove any equipment and installation placed on the Premises by Lessee, repair any damage to Leased Premises and restore site to original condition unless otherwise agreed in writing by City at Lessee’s sole cost and expense.
6. No Interference. Lessee warrants that the installation, operation and use of the equipment proposed to be installed by Lessee will not interfere with any equipment at the Property existing as of the date of this Lease, measured in accordance with the existing industry standards, or of the City’s use of the site as specified in Paragraph 1 of this Agreement and referenced in Exhibit B. Lessee in the performance and exercise of its rights and obligations under this Lease shall also not interfere in any manner with the existence and operation of any and all public and private rights of way, sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electrical and telephone wires, electroliers, cable television, and other telecommunications, utility, or municipal property without the express written approval of the owner or owners of the affected property or properties, except as permitted by applicable Laws or this Agreement.
Item #7.7.
IRV #4894-4214-3522 v5
7. Governmental Approvals. Lessee represents that it will obtain all Governmental Approvals (as such term is defined in Paragraph 2 hereof) required for any use of the Premises by Lessee prior to inaugurating such use and, subject to City’s cooperation as provided in Paragraph 2 hereof, Lessee shall be responsible for obtaining and maintaining all required Governmental Approvals.
8. Proprietary and Governmental Roles; Actions by City. Except where clearly and expressly provided otherwise in this Lease, the capacity of the City in this Lease shall be as owner and lessor of property only (“Proprietary Capacity”), and any obligations or restrictions imposed by this Lease on the City shall be limited to that capacity and shall not relate to, constitute a waiver of, supersede or otherwise limit or affect its governmental capacities, including enacting laws, inspecting structures, reviewing and issuing permits, and all of the other legislative and administrative or enforcement functions pursuant to federal, state or local law (“Governmental Capacity”).
When acting in its Proprietary Capacity, discretionary actions may be undertaken by the City Manager or other designees as designated by the City Manager to the extent otherwise provided for in this Lease. In addition, nothing in this Lease shall supersede or waive any discretionary or regulatory approvals required to be obtained from the City under applicable law, nor guarantee that the City, in its Governmental Capacity, will grant any particular request for a license, permit or other regulatory approval. Lessee understands that the City may grant or deny such request in its sole discretion and may impose such terms and conditions as it deems consistent with that discretion and applicable law.
9. Improvements; Utilities; Access.
9.1 Lessee agrees to furnish all utilities needed and is responsible for all costs associated with establishing and maintaining utility services with respect to its use of the Leased Premises. For security and operational reasons, the City will not share its existing conduit runs with Lessee. Any utility service established will require City approval prior to installation, which approval shall not be unreasonably withheld.
9.2 Lessee will bear the cost of all expenses associated with the design, permitting, construction, and operation of its facilities.
9.3 Unless prior City approval is granted, Facility shall utilize containerized systems mounted on concrete pad(s) to be removed at termination of lease according to schedule in Paragraph 5 herein. Facility must be designed to include but not be limited to, the following appropriate safety features:
i. Grounding: A suitable equipment grounding system shall be designed and installed for the Facility, which provides personnel protection for step and touch potential in accordance with IEEE 80. The system also shall be adequate for the detection and clearing of ground faults within the Facility.
Item #7.7.
IRV #4894-4214-3522 v5
ii. Structural / Foundation Pads: All Facility foundations and structures shall be designed by a qualified registered professional engineer licensed in the state of California. All final (Issued for Construction) drawings, specifications and calculations shall be wet-stamped by a Registered Civil/Structural Engineer licensed in the state of California. The Lessee is responsible for Geotechnical surveying if required.
iii. Spill Containment: The Facility design shall mitigate against electrolyte spills that are credible for the types of cells used. The design shall include features that contain electrolyte spills (to be emptied by contracted chemical disposal company in the event of a spill) and prevent discharge to surrounding site soils.
iv. Personnel Safety: In general, the Facility shall be designed with personnel safety as the top priority. The Lessee shall design and install personnel safety systems that conform to national, state, and local codes. v. Fire Protection: The Lessee shall design and install a fire protection system that conforms to national, state, and local codes. The fire protection system design and associated alarms shall take into account that the Facility will be unattended at most times. In the event codes do not exist for the proposed Facility, current industry accepted best practices shall be employed. vi. Alarms that trigger upon the event of any unsafe condition including, but not limited to, temperature outside safe operating range, chemical spill, tampering with equipment.
vii. 24-hour remote monitoring.
9.4 Lessee shall obtain any building, grading, and land use permits required by applicable Codes prior to the initiation of any construction or installation activities and provide evidence of such permit or clearance to the reasonable satisfaction of the City.
9.5 Lessee shall be responsible for maintaining the Leased Premises and its equipment in a safe and acceptable manner. No materials of any kind shall be stored outside of the Leased Premises with the exception of a staging area as set forth in Paragraph 1 hereof, including but not limited to, hardware, or any materials related to the maintenance of this site. Maintenance shall include, but not be limited to, weed control and general cleanliness of the area. Lessee shall be responsible for the ongoing maintenance of the Premises.
9.6 City’s governmental authority to enter the Leased Premises in a bona fide emergency to protect life, property and provide for public safety, and to take whatever steps are necessary to address the emergency regardless of whether the emergency arises from the Property or the Premises, shall not be impeded by Lessee. Lessee shall provide the City with the name(s) and telephone number(s) of Lessee’s emergency personnel.
10. Mechanics’ Liens. Lessee shall promptly discharge or remove by bond or otherwise prior to foreclosure thereof, any and all mechanics', materialmen's and other liens for work or labor done, services performed, materials, appliances, teams or power Item #7.7.
IRV #4894-4214-3522 v5
contributed, used or furnished to be used in or about the Leased Premises for or in connection with any operations of Lessee, any alterations, improvements, repairs or additions which Lessee may make or permit or cause to be made, or any work or construction by, for or permitted by Lessee on or about the Leased Premises, and to save and hold City and all of the Leased Premises and all buildings and improvements thereon free and harmless of and from any and all such liens and claims of liens and suits or other proceedings pertaining thereto. Lessee covenants and agrees to give City written notice not less than twenty (20) days in advance of the commencement of any construction, alteration, addition, improvement or repair costing in excess of TwentyFive Thousand Dollars ($25,000) in order that City may post appropriate notices of City's non-responsibility.
11. Taxes. Lessee shall pay before delinquency any and all property taxes, assessments, fees, or charges, including but not limited to possessory interest taxes, which may be levied or assessed upon any personal property, improvements or fixtures installed or belonging to Lessee and located in or about the Premises. Lessee recognizes and understands that this Lease may create a possessory interest subject to property taxation and that the Lessee is obligated to pay and discharge such taxes.
Lessee shall also pay all license or permit fees necessary or required by law for the conduct of Lessee’s business or operation.
12. Indemnity and Hold Harmless.
a. Lessee shall defend, indemnify and hold City free and harmless from any liability, loss, or damage resulting from Lessee’s failure to pay any possessory interest taxes, or personal property taxes and from all interest, penalties and other sums imposed thereon relating to Lessee’s use of the Premises. b. Lessee agrees to defend, indemnify and hold City, its officials, officers, employees and agents, harmless from any and all claims, demands, damages, legal actions, judgements or liabilities of whatsoever nature, other than those attributable to the negligent or willful misconduct of City (or its officials, officers, employees and agents) to the extent arising out of or in connection with and any and all negligent or willful misconduct of Lessee under this Lease, including but not limited to Lessee’s construction on, the operations carried on by Lessee and the Lessee’s use or occupancy of the premises.
c. The duty to defend hereunder is wholly independent of and separate from the duty to indemnify and such duty to defend exists regardless of any ultimate liability of Lessee. Such defense obligation shall arise immediately upon presentation of a Claim by any party and written notice of such Claim being provided to Lessee. Payment to Lessee by any Indemnified Party or the payment or advance of defense costs by any Indemnified Party shall not be a condition precedent to enforcing such Indemnified Item #7.7.
IRV #4894-4214-3522 v5
Party’s rights to indemnification hereunder. Lessee’s indemnification obligation and duty to defend hereunder shall survive the expiration or earlier termination of this Lease until such time as action against the Indemnified Parties for such matter indemnified hereunder is fully and finally barred by the applicable statute of limitations or statute of repose. Lessee’s liability for indemnification hereunder is in addition to any liability Lessee may have to City for a breach by Lessee of any of the provisions of this Lease.
Under no circumstances shall the insurance requirements and limits set forth in this Lease be construed to limit Lessee’s indemnification obligation or other liability hereunder. The terms of this Lease are contractual and the result of negotiation between the parties hereto. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party shall not be employed in the interpretation of this Lease.
d. Nonwaiver. City does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this section because of the acceptance by City, or the deposit with City, of any insurance certificates or policies described in Section 14.
13. Condition of Premises and Hazardous Waste.
13.1 Condition of Premises. Lessee has visually examined and has reasonable knowledge of the condition of Premises and has been provided an opportunity to conduct further investigation regarding the condition of the property, and accepts such “as is.” Lessee has received same in good order and repair, and no representations as to the condition or repair thereof have been made by City or its agents prior to, or at execution of, this Lease.
Further, City represents and warrants to Lessee that to the City’s knowledge Hazardous Substances have not been generated, stored, or disposed of on the Premises nor have been transported to or over the Premises. “Hazardous Substance” shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic or radioactive substance, or other similar term by any federal, state, or local environmental law, regulation or rule presently in effect or promulgated in the future as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death, or disease. City will hold Lessee harmless from and indemnify Lessee against and from any damage, loss, expenses, or liability solely resulting from any intentional breach of its representation and warranty including all attorneys’ fees and costs incurred as a result thereof.
13.2 Cause for Termination. If the presence, release, threat of release, placement on, under or about the Property, or the use, generation, manufacture, storage, treatment, transportation, discharge, release, burial or disposal on, under or Item #7.7.
IRV #4894-4214-3522 v5
about the Property of any hazardous waste caused solely by City, Lessee may terminate this Agreement.
13.3 Lessee’s Obligations.
a. Compliance with Laws. Lessee represents that neither it nor any of its agents, employees, contractors, subcontractors or representatives will undertake, permit, or authorize the presence, use, manufacture, handling, generation, storage, treatment, transportation, discharge, release, burial or disposal on, under or in the vicinity of the Property of any hazardous substances, except as permitted by environmental laws and other applicable laws. Lessee shall not cause the Property to be in violation of any environmental law or other federal, state, or local laws, ordinances and/or regulations relating to health, safety or industrial hygiene on, under or in the vicinity of the Property, including but not limited to air, soil, and groundwater conditions.
Without limiting the generality of the foregoing, Lessee agrees at all times to comply fully and in a timely manner with, and to cause all of its employees, agents, contractors and Lessees to so comply with, all environmental laws. Lessee and its officers, employees, agents and assignees shall further be bound by and comply with all applicable federal, state and local laws, statutes, ordinances, administrative orders, rules or regulations relating to its duties, obligations, rights and performance under the terms of this Lease. This shall include but not be limited to complying with any and all conditions of approval duly adopted by the Lessor in accordance with its Governmental Capacity.
b. Grading and Site Preparation. Lessee affirms that it is accepting the Premises in an “as is where is” condition. Lessee shall, at its own cost and expense, be responsible for all clearing, grading, and site preparation necessary for the installation and construction of the Project.
c. Lessee Remediation. Lessee shall not cause or permit any Hazardous Substance to be spilled or released in, on, under, or about the Premises (including through the plumbing or sanitary sewer system) and shall promptly, at Lessee's expense, comply with all Governmental Approvals and take all investigatory and/or remedial action reasonably recommended, whether or not formally ordered or required, for the cleanup of any contamination of, and for the maintenance, security and/or monitoring of the Premises or neighboring properties, that was caused or materially contributed to by Lessee, or pertaining to or involving any Hazardous Substance brought onto the Premises during the term of this lease, by or for Lessee, or any third party.
13.4 Survival. The provisions of this Paragraph 13 shall survive the expiration or earlier termination of this Lease as the case may be.
14. Insurance. Without in any way affecting Lessee’s obligation to defend and indemnify City as herein provided, and in addition thereto, Lessee shall secure and Item #7.7.
IRV #4894-4214-3522 v5
maintain the types of insurance, with the minimum limits, as set forth in Exhibit “C,” attached hereto and incorporated herein by this reference.
15. Governed by Laws of the State. This Lease shall be governed by and construed pursuant to the laws of the State of California.
16. Assignment.
a. This Lease shall only be amended if done in writing fully executed by City and Lessee. Lessee shall not assign this Lease nor sublet the Premises or any portion thereof without prior written consent of City, consent not to be unreasonably withheld, delayed or conditioned, and except as otherwise permitted in this Lease. City will have thirty (30) days to decide if it supports the lease assignment. Lessee shall give City written notice of any such proposed assignment or sublease. b. Lessee shall have the right to assign this agreement for collateral purpose to any person providing debt or equity financing to Lessee or in respect to the Battery Facilities.
17. Successors and Assigns. The provisions of the Lease shall be binding upon any successors and assigns to the parties.
18. Condemnation. If a condemning authority takes all of the Property, or a portion sufficient, in Lessee’s determination to render the Premises unsuitable for the use which Lessee was then making of the Premises, this Lease shall terminate as of the date the title vests in the condemning authority. The parties shall be entitled to share in the condemnation proceeds in proportion to the reasonable values of their respective interests in the Property (which for Lessee shall include, but is not limited to, where applicable, the value of the Facility, moving expenses, prepaid Rent and business dislocation expenses). Sale of all or part of the Property to a purchaser with the power of eminent domain in the face of the exercise of the power shall be treated as a taking by condemnation.
19. Destruction of Property. If the Property or the Premises are destroyed or damaged so as, in the mutual determination of the Parties, to hinder the effective use of the Facility, Lessee may elect to terminate this Lease as of the date of the damage or destruction by so notifying City not more than forty-five (45) days following the date of damage. In such event, all rights and obligations of the parties shall cease as of the date of the damage or destruction and Lessee shall be entitled to the reimbursement of any Rent prepaid by Lessee. The foregoing reimbursement shall be paid by City to Lessee following Lessee’s removal of its Facility and equipment from the Premises and restoration of the Premises to its original condition, reasonable wear and tear and casualty damage excepted.
20. Title and Quiet Enjoyment.
Item #7.7.
IRV #4894-4214-3522 v5
a. City warrants that it (1) has full right, power and authority to execute this Lease; and (2) has good and unencumbered title to the Property free and clear of any liens or mortgages. City further warrants that Lessee shall have the quiet enjoyment of the Premises during the term of this Lease or any renewal thereof. b. Lessee has the right to obtain a title report or commitment of a leasehold title report or commitment for a leasehold title policy from a title insurance company of its choice. If, in the option of Lessee, such title report shows any defects of title or any liens or encumbrances which may adversely affect Lessee’s use of the Premises or Lessee’s ability to obtain leasehold financing, Lessee shall have the right cancel this Lease immediately upon written notice to City.
c. Lessee shall also have the right to have the Property surveyed, and in the event that any defects are shown by the survey which, in the opinion of Lessee may adversely affect Lessee’s use of the Premises or Lessee’s ability to obtain leasehold financing, Lessee shall have the right to terminate this Lease immediately upon written notice to City.
21. Notices. Any notice or requests shall be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier’s regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier’s receipt from the send, at the address noted below of the respective parties (either party may by notice to the other to specify a different address for notices purposes):
If sent to City:
City Manager
City of Calistoga
1232 Washington St.
Calistoga, CA 94515
With a copy to: Michelle Kenyon, City Attorney
Burke, Williams & Sorensen, LLP
1901 Harrison Street, Suite 900
Oakland, CA 94612-3501
If sent to Lessee: Calistoga Resiliency Center, LLC
4360 Park Terrance Drive, Suite 100
Westlake Village, CA 91361
Attn: Daniel Gunning
Item #7.7.
IRV #4894-4214-3522 v5
Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing.
22. Miscellaneous.
a. This Lease contains the entire agreement between the parties. No promise, representation or warranty not included or referred to in this Lease has been or is relied on by either party. Should any provision of this Lease be held in a final and unappealable decision by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions hereof shall remain in full force and effect and unimpaired by the court’s holding.
b. Within thirty (30) days of receipt of a written request, each party agrees to furnish to the other such truthful estoppel information as the other may reasonably request.
c. Lessee may, upon notice to City, but without City’s consent or approval, mortgage, collaterally assign, or otherwise encumber and grant liens and security interests in all or any part of its interest in this Lease, and the Facility located on, under, or in the Leased Premises (collectively, the “Facility Assets”), which security interests in all or a part of the Facility Assets are collectively referred to herein as “Mortgages” and the holders of the Mortgages, their designees and assigns are referred to herein as “Mortgagees.” City agrees to consent in writing to such financing documents, subject to City’s prior review and approval which approval shall not be unreasonably withheld, as may be reasonably required by Mortgagees in connection with any financing of or involving the Facility Assets. As a precondition to exercising any remedies related to any alleged default by Lessee under this Lease, City shall give written notice of such default to each Mortgagee of which it has notice at the same time it delivers the notice to Lessee, specifying in detail the alleged default and the required remedy. Each Mortgagee shall have the same amount of time to cure the default as to Lessee’s entire interest or its partial interest in the Facility Assets as is given to Lessee and the same right to cure any default as Lessee or to remove any property of Lessee. d. City and Lessee shall execute in recordable form and Lessee shall then record a memorandum of the lease evidenced by this Lease reasonably satisfactory in form and substance to Lessee and City. City hereby consents to the recordation of the interest of an Assignee in the Leased Premises. e. This Lease may be executed in multiple counterparts, each of which is deemed to be an original, and all such counterparts constitute one and the same instrument.
f. Following its approval by the City, this Lease shall be administered by the City Manager or designee (notification of the designee shall be given to the Lessee). Except where the terms of this Agreement expressly require the approval of a matter or the taking of any action by the City Council, any matter to be approved by the Item #7.7.
IRV #4894-4214-3522 v5
City shall be deemed approved, and any action to be taken by the City shall be deemed taken, upon the written approval by the City Manager. The City Manager shall have the authority to issue interpretations on behalf of the City with respect to this Lease and to determine whether any action requires the approval of the City Council.
All major amendments or modifications of this Lease shall require the approval of the City Council. All waivers and extensions of time for performance under this Lease shall be approved by the City Manager unless such action requires approval by the City Council under applicable law.
g. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LEASE, NEITHER
PARTY SHALL BE ENTITLED TO, AND EACH OF CITY AND LESSEE HEREBY WAIVES ANY AND ALL RIGHTS
TO RECOVER, CONSEQUENTIAL, INCIDENTAL, AND PUNITIVE OR EXEMPLARY DAMAGES, HOWEVER
ARISING, WHETHER IN CONTRACT, IN TORT, OR OTHERWISE, UNDER OR WITH RESPECT TO ANY ACTION TAKEN IN CONNECTION WITH THIS LEASE.
Item #7.7.
IRV #4894-4214-3522 v5
IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed by their duly authorized, respective officers thereunto the day and year first hereinabove written.
CITY OF CALISTOGA LESSEE
____________________________
Name: Laura Snideman
Name:
Title: City Manager Title:
ATTEST:
Name:
Title: City Clerk
APPROVE AS TO FORM:
Name: Michelle Marchetta Kenyon
Title: City Attorney
Item #7.7.
IRV #4894-4214-3522 v5
NOTARY BLOCK FOR CITY
State of California )
City of _____________________ )
On before me, , Public Notary,
personally appeared , who proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
Item #7.7.
IRV #4894-4214-3522 v5
NOTARY BLOCK FOR LESSEE
State of California )
City of _____________________ )
On before me, , Public Notary,
personally appeared , who proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
Item #7.7.
IRV #4894-4214-3522 v5
EXHIBIT A
LEASED PREMISES
Item #7.7.
IRV #4894-4214-3522 v5
Item #7.7.
IRV #4894-4214-3522 v5
EXHIBIT B
INSURANCE REQUIREMENTS FOR MICROGRID PROJECT
Lessee shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Lessee’s operation and use of the leased premises. The cost of such insurance shall be borne by the Lessee.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $25,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease. (for lessees with employees).
3. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (nonowned), with limit no less than $5,000,000 per accident for bodily injury and property damage.
4. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $5,000,000 per occurrence or claim, and $5,000,000 policy aggregate.
If the pollution coverage is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
Item #7.7.
IRV #4894-4214-3522 v5
4. A copy of the claims reporting requirements must be submitted to the City for review.
5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
If the Lessee maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Lessee. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Other Insurance Provisions:
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Lessee including materials, parts, or equipment furnished in connection with such work or operations.
General liability coverage can be provided in the form of an endorsement to the Lessee’s insurance at least as broad as one of the following ISO ongoing operations Forms: CG 20 10 or CG 20 26 or CG 20 33 (not allowed from subcontractors), or CG 20 38; and one of the following ISO completed operations Forms: CG 20 37, 2039 (not allowed from subcontractors), or CG 20 40.
Primary Coverage
For any claims related to this contract, the Lessee’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Lessee’s insurance and shall not contribute with it.
Notice of Cancellation
Lessee shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self-insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Lessee shall forthwith obtain and submit proof of substitute insurance.
Item #7.7.
IRV #4894-4214-3522 v5
Waiver of Subrogation
Lessee hereby grants to City a waiver of any right to subrogation which any insurer of said Lessee may acquire against the City by virtue of the payment of any loss under such insurance. Lessee agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. However, Lessee must obtain a workers’ compensation endorsement waiving subrogation against the City.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the City.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. At the option of the City, either: the Lessee shall obtain coverage to reduce or eliminate such selfinsured retentions as respects the City, its officers, officials, employees, and volunteers; or the Lessee shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the selfinsured retention may be satisfied by either the named insured or City.
Verification of Coverage
Lessee shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins.
However, failure to obtain the required documents prior to the work beginning shall not waive the Lessee’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
Special Risks or Circumstances
City reserves the right to modify these requirements at any time, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Item #7.7.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Jul 18 2023
Subject: Consideration of a Resolution Authorizing the Levying and Collection of Assessments for the Palisades Landscape Maintenance District for Fiscal Year 2023-24
DESCRIPTION:
Consideration of a resolution authorizing the levying and collection of assessments for the Palisades Landscape Maintenance District for Fiscal Year 2023-24.
RECOMMENDATION:
Conduct a public hearing and consider adoption of a resolution approving the assessment amount and authorizing the levying and collection of assessments for Fiscal Year 2023-24.
BACKGROUND/SUMMARY:
As a condition of the development of the Palisades Subdivision, a landscaping assessment district was established to fund the maintenance of the area adjacent to State Route 29 on the north side of the development, and along Money Lane between the property fence and sidewalk.
The Landscaping and Lighting Act of 1972 (Streets and Highways Code 22500-22647) requires that the city undertake certain proceedings for any fiscal year during which assessments are to be levied and collected. These proceedings are usually accomplished at three separate Council meetings.
On May 2, 2023, the Council adopted a resolution directing the City Engineer to prepare and file a report for the Palisades Landscape Maintenance Assessment District for Fiscal Year 2023-24. On June 6, 2023, the Council adopted a resolution approving the Engineer’s Report, declaring the City Council’s intent to levy and collect assessments and setting July 18, 2023, as the date for the public hearing.
Tonight’s action is the third and final Council action on these annual proceedings. At the conclusion of the public hearing, the Council can authorize the levying and collection of the annual assessments for the Palisades Landscape Maintenance District in the amount of $35/parcel. This is the same amount as was assessed in Fiscal Year 2022-23.
CEQA STATUS:
The recommended action is not a project under the definitions contained in the Guidelines of the California Environmental Quality Act (CEQA) and is therefore exempt from CEQA.
Item #8.1.
FINANCIAL IMPACT:
The Assessment District was originally established with intent of having no fiscal impact on the City of Calistoga for the purposes of maintaining the landscaping and administration. The amount of $1,540 has been budgeted for FY 2023-24 Account No. 35-4168-4402.
Estimated costs for FY 2023-24 are expected to exceed the total assessment in the amount of $1,373.
This amount has been included in the budget Account No. 01-4123-4402.
Any proposed increase in the amount of the assessment would require balloting of the property owners under the provisions of Proposition 218.
ATTACHMENT(S):
1. Draft Resolution
2. Engineer's Report
Item #8.1.
RESOLUTION NO. 2023-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF
NAPA, STATE OF CALIFORNIA, AUTHORIZING THE LEVYING AND COLLECTION
OF ASSESSMENTS FOR THE PALISADES LANDSCAPE AND MAINTENANCE DISTRICT FOR FISCAL YEAR 2023-24
WHEREAS, the City of Calistoga established a Landscape and Maintenance District for the Palisades Subdivision; and
WHEREAS, in accordance with the Landscaping and Lighting Act of 1972 (Streets and Highways Code 22500-22647), the City is required to undertake certain proceedings for any fiscal year during which an assessment is to be levied; and WHEREAS, on May 2, 2023, the City Council directed the City Engineer to prepare a report in accordance with the requirements of the California Streets and Highways Code in Article 4 of Chapter 1 commencing with Section 22565; and WHEREAS, on June 6, 2023, the City Engineer’s report was accepted by the City Council and on July 18, 2023, a public hearing was held to receive testimony from the citizens of the City of Calistoga; and
WHEREAS, pursuant to California Streets and Highways Code, Article 4 of Chapter 1, commencing with Section 22620, the City Council may set the amount of assessment to be the same as the preceding year; and
WHEREAS, the Assessment District was originally established with intent of having no fiscal impact on the City of Calistoga for the purposes of maintaining the landscaping and administration. The amount of $1,540 has been budgeted for FY 2023-24 Account No. 35-4168-4402; and
WHEREAS, estimated costs for FY 2023-24 are expected to exceed the total assessment in the amount of $1,373. This amount has been included in the budget under Account No. 01-4123-4402; and
WHEREAS, there will be no new improvements or substantial changes in the existing improvements other than maintaining the existing landscape and irrigation system.
ATTACHMENT 1 Item #8.1.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY find the following:
1. Confirms the diagram and the assessment contained in the Engineer’s Report.
2. Levies an assessment of $35.00 per parcel.
3. Authorizes collection of such assessment for the Palisades Landscape Maintenance Assessment District for the Fiscal Year 2023-24.
PASSED, APPROVED AND ADOPTED this 18th day of July, 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 Donald Williams, Mayor Resolution No. 2023-XXX
Item #8.1.
Item #8.1.
Item #8.1.
Item #8.1.
Item #8.1.
Item #8.1.
Item #8.1.
Item #8.1.
Item #8.1.
Item #8.1.
Item #8.1.
Item #8.1.
Item #8.1.
Item #8.1.
Item #8.1.
Printed On: 5/25/2022
Disclaimer: This map w as preparedfor informational
purposes only. No liability is assumed for the
accuracy of the data delineated hereon.
Palisades Subdivision [ 0 0.025 0.05 0.0125
mi
Legend
Addresses
All Roads
Major Road
Local Road
Parcels
County
Boundary
County of Napa | ITS Dept
(;+,%,7) Item #8.1.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Jul 18 2023
Subject: Consideration of a Resolution Authorizing the Levying and Collection of Assessments for the Silverado Place Landscape Maintenance District for Fiscal Year 2023-24
DESCRIPTION:
Consideration of a Resolution authorizing the levying and collection of assessments for the Silverado Place Landscape Maintenance District for Fiscal Year 2023-24.
RECOMMENDATION:
Conduct a public hearing and consider adoption of a resolution approving the assessment amount and authorizing the levying and collection of assessments for Fiscal Year 2023-24.
BACKGROUND/SUMMARY:
As a condition of the development of the Silverado Place Subdivision, a landscaping assessment district was established to fund the maintenance of the area adjacent to State Route 29 on the north side of the development.
The Landscaping and Lighting Act of 1972 (Streets and Highways Code 22500-22647) requires that the city undertake certain proceedings for any fiscal year during which assessments are to be levied and collected. These proceedings are usually accomplished at three separate Council meetings.
On May 2, 2023, the Council adopted a resolution directing the City Engineer to prepare and file a report for the Silverado Place Landscape Maintenance Assessment District for Fiscal Year 2023-24.
On June 6, 2023, the Council adopted a resolution approving the Engineer’s Report, declaring the City Council’s intent to levy and collect assessments and setting July 18, 2023, as the date for the public hearing.
Tonight’s action is the third and final Council action on these annual proceedings. At the conclusion of the public hearing, the Council can authorize the levying and collection of the annual assessments for the Silverado Place Landscape Maintenance District in the amount of $66.67/parcel. This is the same amount as was assessed in Fiscal Year 2022-23.
CEQA STATUS:
The recommended action is not a project under the definitions contained in the Guidelines of the California Environmental Quality Act (CEQA) and is therefore exempt from CEQA.
Item #8.2.
FINANCIAL IMPACT:
The Assessment District was originally established with intent of having no fiscal impact on the City of Calistoga for the purposes of maintaining the landscaping and administration. The amount of $1,000 has been budgeted for FY 2023-24 Account No. 33-4167-4402.
Estimated costs for FY 2023-24 are expected to exceed the total assessment in the amount of $126.
This amount has been included in the budget Account No. 01-4123-4402.
Any proposed increase in the amount of the assessment would require balloting of the property owners under the provisions of Proposition 218.
ATTACHMENT(S):
1. Draft Resolution
2. Engineer's Report
Item #8.2.
RESOLUTION NO. 2023-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF
NAPA, STATE OF CALIFORNIA, AUTHORIZING THE LEVYING AND COLLECTION
OF ASSESSMENTS FOR THE SILVERADO PLACE LANDSCAPE AND
MAINTENANCE DISTRICT FOR FISCAL YEAR 2023-24
WHEREAS, the City of Calistoga established a Landscape and Maintenance District for the Silverado Place Subdivision; and
WHEREAS, in accordance with the Landscaping and Lighting Act of 1972 (Streets and Highways Code 22500-22647), the City is required to undertake certain proceedings for any fiscal year during which an assessment is to be levied; and WHEREAS, on May 2, 2023, the City Council directed the City Engineer to prepare a report in accordance with the requirements of the California Streets and Highways Code in Article 4 of Chapter 1 commencing with Section 22565; and WHEREAS, on June 6, 2023, the City Engineer’s report was accepted by the City Council and on July 18, 2023, a public hearing was held to receive testimony from the citizens of the City of Calistoga; and
WHEREAS, pursuant to California Streets and Highways Code, Article 4 of Chapter 1, commencing with Section 22620, the City Council may set the amount of assessment to be the same as the preceding year; and
WHEREAS, the Assessment District was originally established with intent of having no fiscal impact on the City of Calistoga for the purposes of maintaining the landscaping and administration. The amount of $1,000 has been budgeted for FY 2023-24 Account No. 33-4167-4402; and
WHEREAS, estimated costs for FY 2023-24 are expected to exceed the total assessment in the amount of $126. This amount has been included in the budget under Account No. 01-4123-4402; and
WHEREAS, there will be no new improvements or substantial changes in the existing improvements other than that required to maintain the existing landscape and irrigation system; and
WHEREAS, any proposed increase in the amount of the assessment would require balloting of the property owners under the provisions of Proposition 218.
ATTACHMENT 1Item #8.2.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY find the following:
1. Confirms the diagram and the assessment contained in the Engineer’s Report.
2. Levies an assessment of $66.67 per parcel.
3. Authorizes collection of such assessment for the Silverado Place Subdivision Landscape Maintenance Assessment District for the Fiscal Year 2023-24.
PASSED, APPROVED AND ADOPTED this 18
th day of July, 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 Donald Williams, Mayor Resolution No. 2023-XXX
Item #8.2.
Item #8.2.
Item #8.2.
Item #8.2.
Item #8.2.
Item #8.2.
Item #8.2.
Item #8.2.
Item #8.2.
Item #8.2.
Printed On: 5/25/2022
Disclaimer: This map w as preparedfor informational
purposes only. No liability is assumed for the
accuracy of the data delineated hereon.
Silverado Place Subdivision [ 0 0.01 0.02 0.005
mi
Legend
Addresses
All Roads
Major Road
Local Road
Parcels
County
Boundary
County of Napa | ITS Dept
(;+,%,7) Item #8.2.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Mitch Celaya, Chief
Meeting: City Council - Jul 18 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 #8.3.
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):
Draft Safe Firearm Storage Ordinance Resolution
cable style gunlock example
APPROVAL(S):
Nitish Sharma Approved - Jul 11 2023
Laura Snideman, City Manager Approved - Jul 11 2023
Yudiana Galvan, Interim City Clerk Approved - Jul 11 2023 Item #8.3.
ORDINANCE NO. 2023-XXXX
AN ORDINANCE OF THE CITY OF CALISTOGA AMENDING CHAPTER 8.06, “FIREARMS”, TO ADD “SAFE FIREARMS STORAGE” ORDINANCE 8.06.040 TO CHAPTER 8 OF THE CALSISTOGA MUNICPAL CODE
WHEREAS, members of the public have requested 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, cable gun lock, or disabled with a trigger lock; and WHEREAS, staff have considered this request, and believe that it would promote public safety to adopt such an ordinance.
THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council hereby finds as follows:
A. The City of Calistoga, California ("City") does not presently regulate firearm storage within residential locations.
B. Firearm injuries have a significant adverse public health and safety impact nationally, regionally, and locally.
C. Improperly stored firearms may result in accidental firearm injuries and/or deaths, particularly in homes with children.
D. In California, numerous people die each year from injuries related to firearms, and many more are hospitalized for non-fatal gunshot wounds.
E. 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.
F. A firearm stored while loaded or unlocked increases the risk of an accidental shooting and has been associated with higher risks of suicide.
G. 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.
H. Utilizing gun locks or lock boxes when storing firearms in the home reduces the risk of firearm injury and death, as well as theft.
I. 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.
Item #8.3.
J. The International Association of Chiefs of Police and the American Academy of Pediatrics recommend the safe storage of firearms.
K. 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.
L. 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.
M. Requiring safe storage of firearms would constitute a sensible safety regulation and would not be unduly burdensome for firearm owners.
N. The purposes of this ordinance are to preserve the peace and protect the public health, safety, and general welfare of the residents of the City by reducing firearmsrelated injuries, deaths, and crime.
O. It is within its basic police power to implement and enforce the provisions of this ordinance.
P. The amendments adopted herein are exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines. It can be seen with certainty that there is no potential for a significant effect on the environment as a result of the amendments.
SECTION 2. Adoption. Municipal Code Ordinance 8.06.040, Safe Firearms Storage, to Chapter 8.06, Firearms. Section 8.06.040 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 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, Item #8.3.
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. Gun Lock means a trigger lock or cable gun 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).
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. 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.
Item #8.3.
SECTION 4. 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 18th day of July, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
Yudiana Galvan, Interim City Clerk Donald Williams, Mayor Item #8.3.
Item #8.3.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Nitish Sharma,
Meeting: City Council - Jul 18 2023
Subject: Book of Fees Amendment for Building Service Fees DESCRIPTION:
Public hearing regarding proposed adoption of resolution amending the Book of Fees for Building Service Fees.
RECOMMENDATION:
Conduct a public hearing then consider adopting the resolution amending the Book of Fees for Building Services Fees.
BACKGROUND/SUMMARY:
On June 20, 2023, City Council adopted Resolution 2023-044 approving the Book of Fees for various City services, absent Building Service Fees continuing that component to a future hearing.
ANALYSIS:
Building Service fees have not been comprehensively updated for many years. The proposed Building Service Fee schedule utilizes a full-cost recovery method ensuring that the division will be largely selffunded based on the cost of the City of Calistoga to provide the services to each recipient of the service or services.
CEQA STATUS:
The recommended action is not a project and therefore not subject to CEQA review.
FINANCIAL IMPACT:
If services do not have a dedicated funding or revenue source, the funding burden rests on the General Fund. Regarding building services, general tax revenues are then required to subsidize the services that are provided for the specific benefit of a person or company instead of the entire community. The fee schedule is designed to cover the cost of providing the building permit services and the estimated revenues will be part of the mid-year budget for the Fiscal Year 2023-24.
ATTACHMENT(S):
ATTCH 1 - Resolution
ATTCH 2 - Building Services Fees
APPROVAL(S):
Item #8.4.
Nitish Sharma Approved - Jul 05 2023
Laura Snideman, City Manager Approved - Jul 11 2023
Yudiana Galvan, Interim City Clerk Approved - Jul 12 2023 Item #8.4.
ATTACHMENT 1
RESOLUTION NO. 2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY
OF NAPA, STATE OF CALIFORNIA, AMENDING THE BOOK OF FEES TO ADOPT
BUILDING SERVICE FEES
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, on June 20, 2023, the City Council adopted Resolution 2023-044 to amend the Book of Fees absent the Building Service Fees continuing that component to a future public hearing.
WHEREAS, on July 18, 2023, the City Council held a duly noticed public hearing and adopted Resolution 2023-XXX to amend the Book of Fees for the Building Service Fees.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY FIND THE FOLLOWING:
Section 1:
A. The modification to Building Service Fees attached hereto and incorporated by reference herein are hereby approved and adopted into the City of Calistoga Book of Fees.
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 Item #8.4.
ATTACHMENT 1
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 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 18th day of July 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 Donald Williams, Mayor Item #8.4.
Administered by Finance Department Page 1 of 5
ATTACHMENT 2
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 Aaccounts (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 #8.4.
Administered by Finance Department Page 2 of 3
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 $4.75per $1,000*
$1,000,001 and Up $5,608.75 $3.15 per $1,000*
* Or fraction thereof over base $ amount in valuation range.
Proposed Fee Table
Valuation Base Fee Rate Per Unit
$1 to $500 $191.70
$501 to $2,000 $191.70 $14.13 per $100*
$2001 to $25,000 $403.65 $16.38 per $1,000*
$25,001 to $50,000 $780.30 $17.06 per $1,000*
$50,001 to $100,000 $1,206.90 $4.27 per $1,000*
$100,001 to $500,000 $1,420.20 $11.65 per $1,000*
$500,001 to $1,000,000 $6,081.75 $5.12 per $1,000*
$1,000,001 and over $8,640.00 $3.15 per $1,000*
* Or fraction thereof over base $ amount in valuation range.
Item #8.4.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Jeff Mitchem, Planning & Building Director
Meeting: City Council - Jul 18 2023
Subject: Adoption of CEQA Mitigated Negative Declaration and General Plan Amendment (GPA 2023-1) for the 2023-2031 Housing Element Update DESCRIPTION:
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).
RECOMMENDATION:
Consider adopting the attached two Resolutions:
• Attachment 1. Adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (Attachment 1, Exhibit A).
• Attachment 2. Adopting a General Plan Amendment to repeal the 2015-2023 Housing Element and adopting the Housing Element of the General Plan for the period of 2023-2031 with findings that it substantially complies with the State Housing Element Law (Attachment 2, Exhibit A).
BACKGROUND/SUMMARY:
Housing Element Content
Since April 2021, the City has been in the process of updating the Housing Element (HE) of the General Plan for the 2023-2031 period (6th Cycle) as required by State law.
The complete 2023-2031 Housing Element Update (Attachment 3) and Negative Declaration are available on the City website at:
https://www.ci.calistoga.ca.us/city-hall/departments-services/planning-building-department/planningdivision/calistoga-housing-element-project The Housing Element is organized into the following sections:
• Chapter 1, Introduction. The Introduction summarizes State requirements relating to the Housing Element.
• Chapter 2, Review of the 5th Cycle Housing Element. This section evaluates the progress made on the 2015-2023 RHNA and actions from the last housing element. • Chapter 3, Affirmatively Furthering Fair Housing. This section includes an assessment of fair housing issues and describes the community engagement process used to ensure public involvement in the development of the 2023-2031 Housing Element. • Chapter 4, Demographic and Housing Stock Overview and Housing Needs. This section includes demographic and housing data that characterize the community’s housing profile and existing and projected housing needs. This section also includes an inventory of at-risk affordable housing units in the city.
Item #8.5.
• Chapter 5, Housing Sites and Resources. This section provides an updated inventory of approved housing projects and sites for the development of housing and identifies housing opportunities and resources.
• Chapter 6, Constraints to the Development of Housing. This section provides an overview and analysis of potential constraints to the development of housing. • Chapter 7, Energy Conservation. This section of the Housing Element describes opportunities for energy conservation in residential development.
• Chapter 8, Housing Policies and Programs. This section contains the Goals, Objectives, Policies and Actions that will guide the City’s implementation efforts over the next eight years in meeting housing needs for all economic segments of the community.
HE Changes in Response to HCD Review
On August 24, 2022 City Staff received comments from HCD (after 90-day review) on the Draft HE and revised the document in response (Attachment 4). On November 15, 2022 City Council held a public hearing to review the Revised Draft HE and directed Staff send to HCD for review.
On February 28, 2023, City Staff received comments from HCD on the Revised Draft HE (after 60- day review) and revised the document in response (Attachment 5). Staff incorporated all revisions and presented the document to the Housing Advisory Committee and the Planning Commission. In summary, those revisions (since Council’s last review, appear as track-changes in Attachment 3), are:
Chapters 3-7, the primary thrust of the comments on these chapters is related to increased depth and breadth of technical analysis for: 1) regional and local trends and patterns across neighborhoods for income, disability, and familial status; 2) local and regional disparities of access to educational, environmental, and economic opportunities; and, 3) contributing factors and fair housing issues such as elderly, persons with disabilities, large families, farmworkers, families with single- and female-households.
Chapter 8, Housing Policies and Programs contains the housing goals, policies, and implementing actions that will guide housing development and services to meet the city’s future housing needs. In summary, the Planning Commission recommended revisions are:
Implementation Timeframe. Revision to all actions to specify implementation milestone date (e.g., month/year) for implementation instead of time period (e.g., within two-years of HE certification.) Note that some timelines are less than two years which was City Council's prior direction.
Revised Actions. Nineteen (19) policies are revised to better specify deliverables, measurable metrics for success and objective implementation deadlines. • A1.2-3 (page 8-2) – details related to ADU permit streamlining. • A1.2-3 (page 8-2) – details related to ADU affordability tracking. • A1.2-5 (page 8-3) – vacation homeowner outreach related to workforce housing. • A1.2-6 (page 8-3) – community-based organization collaboration to assist with outreach to second homeowners.
• A2.1-3 (page 8-5) – City consideration of purchasing suitable housing property. • A2.1-6 (page 8-6) – expedited approval process for qualifying housing developments. • A2.3-1 (page 8-7) – changed biennial review to annual review of linkage fees on nonresidential development.
• A4.1-3 (page 8-9) – specified annual meeting with Napa County.
Item #8.5.
• A4.1-3 (page 8-9) – specified annual collaboration with Napa County. • A4.2-1 (page 8-11) – specified special needs populations to include farmworkers, female and single-parent households.
• A4.2-2 (page 8-11) – same as previous
• A4.3-2 (page 8-11) – same as previous
• A4.4-3 (page 8-12) – specified partnership with community-based organization to pursue grant funding.
• A5.1-1 (page 8-13) – included forums as type of outreach for technical assistance. • A5.1-4 (page 8-13) – added emphasis to encourage historic properties rehabilitation • P5.2-1 (page 8-14) – specified location of City’s older residential neighborhoods • A5.2-3 (page 8-14) – specified types of outreach events • A6.1-3 (page 8-16) - specified shared parking strategies • A6.1-10-12 (page 8-17) – combined actions related to Surplus Lands Act New Actions. Nine (9) new policies are added to implement findings resulting from the expanded analysis required by HCD throughout the balance of the HE (Chapters 3-7):
• A1.2-3 (page 8-2) – data collection for ADUs
• A2.1-7 (page 8-6) – study for housing in-lieu fee
• A4.1-9 (page 8-10) – community outreach for female, minority and single-parent householders
• A6.1-4 (page 8-15) – emergency shelter parking
• A6.1-5 (page 8-15) – supportive and transitional housing • A6.1-6 (page 8-15) – agricultural housing
• A6.1-7 (page 8-16) – parking for small residential units • A6.1-8 (page 8-16) – fees and accommodations for persons with disabilities • A6.1-9 (page 8-16) – residential care facilities and group homes Ministerial Review – Streamlined Housing Approvals. On June 27, 2023, HCD released the 2023 SB 35 Determination that Calistoga is one of 42 jurisdictions (539 total) not subject to streamlining under SB 35 because the City has met the prorated Lower (Very-Low and Low) and AboveModerate Income Regional Housing Needs Assessment (RHNA) for the 2022 reporting period.
Accordingly, the City can change its position on streamlining as the City does not need to implement the streamlining procedures in Government Code section 65913.4. However, while the City is not required to implement streamlining, HCD may still push for the policies included in the previous editions of the City’s Housing Element, especially given that HCD notes in their determination that they are still “encouraging” streamlining in cities not subject to SB 35 procedures.
There are four relevant Actions included in the City’s earlier drafts of the Housing Element reviewed by HCD.
A1.2-7 Adopt objective design standards for multi-family residential development, which will be applied to projects eligible for ministerial review.
A5.3-3 Amend Zoning Code Chapter 17.41 Design Review to include elements in objective design standards referenced in A1.2-7and A5.3-1 related to non-ministerial review of development projects.
Director Recommendation for Actions 1.2-7 and A5.3-3 – Leave as is. The City should still have objective standards for projects that may be eligible for ministerial review in the future, Item #8.5.
as well as to assist in processing applications and noting inconsistencies with the City’s regulations.
A2.1-5 Change the zoning on housing opportunity sites to allow ministerial review, as may be required by state law, of housing development projects when a minimum of 20 percent of the units in the development are affordable to extremely low-, very low-, low-, or moderateincome households.
A6.1-2 Modify the Zoning Ordinance so that parcels in the Site Inventory identified in previous Housing Elements ("Reuse Sites") with at least 20 percent of the units affordable to lowerincome households are eligible for by-right processing with ministerial review, as may be required by state law. Before modification of the Zoning Ordinance, the City should consider identification of any biological or cultural resources on the Reuse Sites that may impact the development viability of the identified sites.
Director Recommendation for Actions A2.1-5 and A6.1-2 – Modify slightly, as noted in underlined text above so that the City is not allowing streamlining if not required by state law.
Housing Element Review Process Overview
For procedural context, please note the following summary of the public review milestones achieved in producing the Draft and Final HE documents:
City Council
• July 18, 2023, Public Hearing to consider adoption of the Final HE and submittal to HCD for certification.
• November 15, 2022, Public Hearing to submit the Recommended Final HE to HCD for their final 60-day review.
• October 18, 2022, Public Hearing to review and discuss HCD comments on, and staffrecommended responses to, the draft Housing Element. • April 19, 2022, Public Hearing to review the Draft HE and direction of staff to submit to HCD for 90-day review.
Planning Commission
• May 24, 2023 Public Hearing where Planning Commission unanimously voted to Recommend the Final HE for submittal to HCD for certification. • May 10, 2023, Public Hearing to review and discuss HCD comments on, and staffrecommended responses to, the revised draft Housing Element. • October 26, 2022, November 2, 2022, Public Hearing to submit the Recommended Final HE to HCD for their final 60-day review.
• September 28, 2022, Public Hearing to review and discuss HCD comments on, and staffrecommended responses to, the draft Housing Element. • March 9, 2022, Public Hearing to review the Draft HE and direction of staff to submit to HCD for 90-day review.
Housing Advisory Committee
• Publicly noticed meetings on February 28, 2022, March 21, 2022, September 19, 2022, October 17, 2022 and May 15, 2023 when Housing Advisory Committee unanimously voted to advise Planning Commission recommend to City Council the Final HE be adopted and submitted to HCD for certification.
City Attorney Review
• City Attorney review has been completed for the contents of this Staff Report and all Attachments. Additional focused review has been conducted on Chapter 8 Housing Item #8.5.
Policies and Programs with specific attention to the primary legal mandates for housing initiatives such as downzoning, by-right provisions, ministerial review, rent control, etc.
CEQA STATUS:
A Draft Initial Study/Mitigated Negative Declaration (Attachment 1, Exhibit A) was prepared for the Housing Element. On August 23, 2022, a Notice of Availability (NOA) was distributed pursuant to local noticing requirements and posted with the California State Clearinghouse and the Napa County Clerk’s Office, which initiated a 30-day public comment period beginning on August 23, 2022, and ending September 21, 2022. The Initial Study/Mitigated Negative Declaration concluded that the Housing Element could result in potentially significant impacts related to Air Quality, Biological Resources, Cultural Resources, Energy Resources, Geology/Soils, Greenhouse Gases, Hazards/Hazardous Materials, Hydrology/Water Quality, Mineral Resources, Noise, Transportation and Circulation, Tribal Cultural Resources, and Utilities and Service Systems. The Initial Study/Mitigated Negative Declaration concluded that potential impacts would be mitigated to less than significant levels through the implementation of recommended mitigation measures or through compliance with existing Municipal Code requirements and City standards. The City will impose mitigation measures identified and contained in the Mitigation Monitoring and Reporting Program on future housing projects that implement the Housing Element. The Initial Study and Mitigated Negative Declaration, Response to Comments and the Mitigation Monitoring and Reporting Program are incorporated herein by reference.
ATTACHMENT(S):
ATTCH 1 - HE-CEQA Resolution + Exhibit A (ISMND)
ATTCH 2 - HE Law Resolution + Exhibit A (Findings)
ATTCH 3 - Calistoga HE ADOPTION DRAFT - TrackChange
ATTCH 4 - HCD Comment-City Response - 90-day Review
ATTCH 5 - HCD Comment-City Response - 60-day Review-REVD7-7 APPROVAL(S):
Nitish Sharma Approved - Jun 13 2023
Laura Snideman, City Manager Approved - Jul 17 2023
Yudiana Galvan, Interim City Clerk Approved - Jul 17 2023 Item #8.5.
ATTACHMENT 1
4890-1460-7209 v1
RESOLUTION NO. 2023-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA ADOPTING A
MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE CITY OF CALISTOGA 2023-2031 HOUSING
ELEMENT
WHEREAS, the California Government Code Section 65302 mandates that each city shall include a Housing Element in its General Plan, and that the Housing Element be updated periodically to reflect current conditions and legal requirements and set forth goals, policies and programs for the preservation, improvement and development of housing for all economic segments of the community and housing for persons with special needs; and
WHEREAS, State Housing Element Law (Government Code Sections 65580 et seq.) requires that the City Council adopt a Housing Element for the eight-year period 2023-2031 to accommodate the City’s regional housing need allocation (RHNA) of 119 housing units, comprised of 31 very-low income units, 19 low-income units, 19 moderateincome units, and 50 above moderate-income units; and WHEREAS, to comply with State Housing Element Law, the City has prepared the Housing Element 2023-2031 (the Housing Element) in compliance with State Housing Element Law and has identified sites that demonstrate the City’s capacity to accommodate housing units necessary to comply with the City’s RHNA; and WHEREAS, as provided in Government Code Section 65350 et. seq., adoption of the Housing Element constitutes a General Plan Amendment; and WHEREAS, pursuant to the California Environmental Quality Act(" CEQA") an Initial Study was completed. On the basis of the initial study, City staff prepared a Mitigated Negative Declaration (MND) for the project pursuant to CEQA, which is attached as Exhibit A to this Resolution and incorporated herein by reference; and WHEREAS, the Notice of Intent to Adopt an Initial Study and Mitigated Negative Declaration for the City of Calistoga Housing Element Update was sent to the California State Clearinghouse, Napa County Clerk, responsible agencies, trustee agencies, adjacent cities and was made available to members of the public for public comment on August 19, 2022; and
WHEREAS, the 30- day public review period for the Notice of Intent to Adopt an Initial Study and Negative Declaration for the City of Calistoga Housing Element Update closed on September 19, 2022; and
WHEREAS, as provided in Government Code Sections 65352 - 65352.5, the City of Calistoga referred the Housing Element to all California Native American tribes on the contact list provided by the Native American Heritage Commission and to other entities listed and the Federated Indians of Mishewal Wappo of Alexander Valley ("Tribe") requested consultation; and
Item #8.5.
Resolution No. 2023-XX
Housing Element
July 18, 2023
4890-1460-7209 v1
WHEREAS, the City of Calistoga held one meeting with the Tribe to discuss the Housing Element and offered additional engagement opportunities at key points during the development of the Housing Element which helped inform the process; and
WHEREAS, in accordance with Government Code Section 65585(b), on November 15, 2022, the City posted the draft Housing Element and requested public comment for a 30-day review period, and on December 30, 2022, after responding to public comments, the City submitted the draft Housing Element to the State Department of Housing and Community Development (HCD) for its review; and WHEREAS, in August 2022 and February 2023, HCD provided comments to the City regarding the adequacy of the draft Housing Element, and based upon this, the City revised the draft Housing Element to include the additional information and data that was requested; and
WHEREAS, on May 17, 2023, the City published the final draft of the Housing Element and requested public comment on the final draft; and WHEREAS, though not required, public and agency comments received on the Public Draft IS/MND were responded to in a Response to Comments document dated March 2023, which was included in the May 24, 2023 Planning Commission Staff Report, Attachment 4 thereto; and
WHEREAS, on May 12, 2023, public notice of the May 24, 2023, Planning Commission meeting to consider the Housing Element was published in the Calistoga Tribune, posted on the City’s website, and bulletin boards; and WHEREAS, the Planning Commission considered the Housing Element and the Mitigated Negative Declaration at a public hearing on May 24, 2023, received written and oral reports by the staff, and received public testimony, prior to taking action on the recommendation to Council; and
WHEREAS, based on its review of the entire record herein, including the MND, the Initial Study, all supporting, referenced, and incorporated documents, and all comments received, the Planning Commission found no substantial evidence that the Project as mitigated will have a significant effect on the environment, and recommended that the City Council adopt the MND for the Project, including the Mitigation Monitoring and Reporting Program incorporated herein by reference; and WHEREAS, on June 9, 2023, public notice of the June 20, 2023, City Council meeting to consider the Initial Study/Mitigated Negative Declaration and Housing Element was published in the Calistoga Tribune, posted on the City’s website, and bulletin boards; and
WHEREAS, the City Council continued review of the Initial Study/Mitigated Negative Declaration and 2023 Housing Element Update to a public hearing on July 18, 2023; and
Item #8.5.
4890-1460-7209 v1
Resolution No. 2023-XX
Housing Element
July 18, 2023
WHEREAS, on July 18, 2023, the City Council reviewed the Initial Study/Mitigated Negative Declaration and 2023 Housing Element Update at a public hearing, and during its review, considered the public record, including the staff report, and written materials and testimony presented by the public during the hearing; and
THEREFORE, BE IT RESOLVED by the City of Calistoga City Council hereby finds, based on substantial evidence in the record, that:
1. The foregoing recitals are true and correct and are incorporated by reference into this action.
2. In accordance with the requirements of CEQA, the City Council hereby finds as follows:
a. The City Council has considered the Initial Study and Mitigated Negative Declaration and other information in the record, prior to acting upon the Housing Element Update.
b. The Initial Study and Mitigated Negative Declaration prepared for the Housing Element Update have been completed in accordance with the requirements of CEQA.
c. The Initial Study and Mitigated Negative Declaration prepared for the Housing Element Update represent the independent judgment and analysis of the City as lead agency.
d. The revisions to the Housing Element made after circulation of the Mitigated Negative Declaration do not alter the analysis set forth in the Mitigated Negative Declaration and no revisions are required to the Mitigated Negative Declaration.
e. There is no substantial evidence in the record that the Housing Element Update, as mitigated, will have a significant effect on the environment .
3. The City Council hereby approves and adopts the Initial Study and Mitigated Negative Declaration and the Mitigation and Monitoring Program for the Housing Element Update.
4. Pursuant to CEQA Guidelines section 15091(e), the documents and other materials that constitute the record of proceedings upon which the City Council has based its adoption are located in and may be obtained from the City of Calistoga, Planning & Building Department located at 1232 Washington St Calistoga, Ca 94515.
5. The Planning & Building Director is hereby directed to file a Notice of Determination with respect to the Initial Study and Mitigated Negative Declaration with the County Clerk of the County of Napa.
PASSED, APPROVED, AND ADOPTED this 18th day of July 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:
Item #8.5.
Resolution No. 2023-XX
Housing Element
July 18, 2023
4890-1460-7209 v1
NOES:
ABSTAIN:
ABSENT
ATTEST: APPROVED:
Yudiana Galvan, Interim City Clerk Donald Williams, Mayor Item #8.5.
CITY OF CALISTOGA
2023 – 2031 HOUSING ELEMENT
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
LEAD AGENCY:
CITY OF CALISTOGA
PLANNING & BUILDING DEPARTMENT
1232 WASHINGTON STREET
CALISTOGA, CA 94515
CONTACT: JEFF MITCHEM, PLANNING & BUILDING DIRECTOR
PREPARED BY:
METROPOLITAN PLANNING GROUP
499 HUMBOLDT STREET SANTA ROSA, CA 95404
AUGUST 2022
M-GROUP
EXHIBIT A TO RESOLUTION 2023-XXX Item #8.5.
[PAGE INTENTIONALLY LEFT BLANK]
Item #8.5.
City of Calistoga
2023 – 2031 Housing Element i Initial Study/Mitigated Negative Declaration 2023 – 2031 HOUSING ELEMENT
CEQA ENVIRONMENTAL CHECKLIST AND INITIAL STUDY
Initial Study Checklist
Project Title: 2023 – 2031 Housing Element
Lead agency name and
address:
City of Calistoga, Planning & Building Department
1232 Washington Street
Calistoga, CA 94515
Contact person and phone
number:
Jeff Mitchem, Planning & Building Director
707-942-2830
[email protected]
Project Location: Citywide (6th Cycle Housing Sites: 011-062-009; 011-062-008; 011-072- 020; 011-050-024; 011-101-002; 011-214-001; 011-214-002; 011-214- 006; 011-215-001; 011-215-011)
Project Sponsor/Owner: City of Calistoga
Planning & Building Department
1232 Washington Street
Calistoga, CA 94515
General Plan Designations: Citywide (6th Cycle Housing Sites: Community Commercial (CC); High Density Residential (HDR); Light Industrial (LI))
Zoning: Citywide (6th Cycle Housing Sites: Community Commercial (CC); Multifamily Residential/Office (R3); Industrial (I))
Description of project: The proposed project is a General Plan Amendment to update the City of Calistoga’s Housing Element which consists of the following:
• Housing development constraints (including zoning allowances) • Housing needs and fair housing
• At-risk housing
• Accommodating the Regional Housing Needs Allocation (RHNA) which includes identifying specific sites appropriate for affordable housing
• Updating existing & establishing new objectives, policies, and programs, and
• Affirmatively furthering fair housing through site selection, public outreach, and the development of policies and programs.
Surrounding land uses and
setting:
The Housing Element encompasses the City of Calistoga, which is surrounded by Napa County and contains undeveloped land, agriculture, open space, and rural residential development. The housing sites identified in the 2023 – 2031 Housing Element are surrounded by vacant and developed properties with General Plan designations of either Community Commercial, Downtown Commercial, High Density Residential, Light Industrial, or Public/Quasi Public.
Other public agencies whose
approval is required:
California Department of Housing and Community Development (HCD) California Native American
tribes traditionally and
culturally affiliated with the
project area that have
requested consultation:
Mishewal Wappo Tribe of Alexander Valley
Item #8.5.
City of Calistoga
2023 – 2031 Housing Element ii Initial Study/Mitigated Negative Declaration [PAGE INTENTIONALLY LEFT BLANK]
Item #8.5.
City of Calistoga
2023 – 2031 Housing Element iii Initial Study/Mitigated Negative Declaration 2023 – 2031 6
th CYCLE HOUSING ELEMENT
CEQA ENVIRONMENTAL CHECKLIST AND INITIAL STUDY
TABLE OF CONTENTS PAGE #
1. INTRODUCTION ............................................................................................................................1
1.1. PURPOSE AND INTENT.......................................................................................................................1
1.2. PUBLIC REVIEW ...................................................................................................................................1
2. PROJECT DESCRIPTION.................................................................................................................3
3. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED ............................................................14
4. DETERMINATION (TO BE COMPLETED BY LEAD AGENCY).......................................................14
5. EVALUATION OF ENVIRONMENTAL IMPACTS..........................................................................16
5.1. AESTHETICS........................................................................................................................................16
5.2. AGRICULTURAL AND FORESTRY RESOURCES ...............................................................................21
5.3. AIR QUALITY.......................................................................................................................................23
5.4. BIOLOGICAL RESOURCES.................................................................................................................29
5.5. CULTURAL RESOURCES....................................................................................................................37
5.6. ENERGY ..............................................................................................................................................41
5.7. GEOLOGY AND SOILS.......................................................................................................................44
5.8. GREENHOUSE GAS EMISSIONS.......................................................................................................49
5.9. HAZARDS/HAZARDOUS MATERIALS...............................................................................................52
5.10. HYDROLOGY AND WATER QUALITY ...............................................................................................56
5.11. LAND USE AND PLANNING..............................................................................................................62
5.12. MINERAL RESOURCES ......................................................................................................................66
5.13. NOISE..................................................................................................................................................68
5.14. POPULATION AND HOUSING..........................................................................................................72
5.15. PUBLIC SERVICES ..............................................................................................................................74
5.16. RECREATION ......................................................................................................................................77
5.17. TRANSPORTATION AND CIRCULATION..........................................................................................79
5.18. TRIBAL CULTURAL RESOURCES.......................................................................................................84
5.19. UTILITIES AND SERVICE SYSTEMS ...................................................................................................86
5.20. WILDFIRE............................................................................................................................................91
5.21. MANDATORY FINDINGS OF SIGNIFICANCE (CAL. PUB. RES. CODE §15065) .............................93
6. REFERENCE DOCUMENTS...........................................................................................................95
LIST OF FIGURES
Item #8.5.
City of Calistoga
2023 – 2031 Housing Element iv Initial Study/Mitigated Negative Declaration FIGURE 1: CALISTOGA REGIONAL LOCATION.................................................................................................7 FIGURE 2: GENERAL PLAN LAND USE DESIGNATIONS ..................................................................................8 FIGURE 3: HOUSING ELEMENT UPDATE 6TH CYCLE SITES .............................................................................9 FIGURE 4: 6TH CYCLE SITES LAND USE DESIGNATIONS ...............................................................................10 FIGURE 5: 6TH CYCLE SITES ZONING...............................................................................................................11 FIGURE 6: ZONING DESIGNATION..................................................................................................................11 FIGURE 7: BIOLOGICAL RESOURCES AND HOUSING OPPORTUNITY SITES..............................................30
LIST OF TABLES
TABLE 1: NET RHNA............................................................................................................................................3
LIST OF ACRONYMS
ASSEMBLY BILL AB
ABOVE MEAN SEA LEVEL AMSL
BAY AREA AIR QUALITY MANAGEMENT DISTRICT BAAQMD
BEST MANAGEMENT PRACTICES BMP
BRITISH THERMAL UNIT BTU
CALIFORNIA AIR RESOURCES BOARD CARB
CALIFORNIA DEPARTMENT OF CONSERVATION GEOLOGIC ENERGY
MANAGEMENT DIVISION
CALGEM
CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE CDFW
CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION CAL FIRE
CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCES CONTROL DTSC
CALIFORNIA EMISSIONS ESTIMATOR MODEL CALEEMOD
CALIFORNIA ENDANGERED SPECIES ACT CESA
CALIFORNIA ENERGY COMMISSION CEC
CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY ACAL-EPA
CALIFORNIA ENVIRONMENTAL QUALITY ACT CEQA
CALIFORNIA NATURAL DIVERSITY DATABASE CNDDB
CALIFORNIA REGISTER OF HISTORICAL RESOURCE CRHR
CALIFORNIA SURFACE MINING AND RECLAMATION ACT SMARMA
CARBON DIOXIDE EQUIVALENT CO2E
CARBON MONOXIDE CO
CLEAN WATER ACT CWA
COMMUNITY NOISE EQUIVALENT LEVEL CNEL
EMERGENCY VEHICLE ACCESS EVA
ENVIRONMENTAL IMPACT REPORT EIR
Item #8.5.
City of Calistoga
2023 – 2031 Housing Element v Initial Study/Mitigated Negative Declaration
ENVIRONMENTAL SITE ASSESSMENT ESA
EXECUTIVE ORDER EO
FEDERAL EMERGENCY MANAGEMENT AGENCY FEMA
FEDERAL ENDANGERED SPECIES ACT FESA
FIRE HAZARD SEVERITY ZONES FHSZ
FLOOD INSURANCE RATE MAPS FIRM
GREENHOUSE GASES GHG
HISTORICALLY RECOGNIZED ENVIRONMENTAL CONDITIONS HREC
INITIAL STUDY IS
INSTITUTE OF TRANSPORTATION ENGINEERS ITE
LEAKING UNDERGROUND STORAGE TANK LUST
LEVEL OF SERVICE LOS
LOW IMPACT DEVELOPMENT LID
MEGAWATT HOURS MWH
METHANE CH3
METRIC TONS MT
MIGRATORY BIRD TREATY ACT MBTA
MILLION GALLONS PER DAY MGD
MITIGATED NEGATIVE DECLEARATION MND
MITIGATION MONITORING AND REPORTING PROGRAM MMRP
MOST LIKELY DESCENDENT MLD
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM NPDES
NATIONAL REGISTER OF HISTORIC PLACES NRHP
NATIVE AMERICAN HERITAGE COMMISSION NAHC
NITROGEN OXIDES NOX
NORTHWEST INFORMATION CENTER NWIC
NOTICE OF INTENT NOI
OFFICE OF PLANNING AND RESEARCH OPR
PARTICULATE MATTER PM
PEAK PARTICLE VELOCITY PPV
POUNDS PER DAY LBS/DAY
PUBLIC RESOURCES CODE PRC
REACTIVE ORGANIC GASES ROG
RECOGNIZED ENVIRONMENTAL CONDITIONS REC
REGIONAL TRANSPORTATION PLANNING AUTHORITY RTPA
REGIONAL WATER QUALITY CONTROL BOARD RWQCB
SENATE BILL SB
STATE OFFICE OF EMERGENCY SERVICES OES
STATE RESPONSIBILITY AREA SRA
STATEWIDE INTEGRATED TRAFFIC RECORDS SYSTEM SWITRS
STORMWATER POLLUTION PREVENTION PLAN SWPPP
TOXIC AIR CONTAMINANTS TAC
TRAFFIC ANALYSIS ZONE TAZ
Item #8.5.
City of Calistoga
2023 – 2031 Housing Element vi Initial Study/Mitigated Negative Declaration
TRAFFIC IMPACT STUDY TIS
TRANSPORTATION DEMAND MANAGEMENT TDM
TRIBAL CULTURAL RESOURCES TCR
UNITED STATES DEPARTMENT OF AGRICULTURE USDA
UNITED STATES FISH AND WILDLIFE SERVICE USFWS
UNREINFORCED MASONRY URM
VEHICLE MILES TRAVELED VMT
WILDLAND-URBAN INTERFACE WUI
Item #8.5.
City of Calistoga
2023 – 2031 Housing Element 1 Initial Study/Mitigated Negative Declaration
1. INTRODUCTION
1.1. PURPOSE AND INTENT
This Initial Study/Mitigated Negative Declaration (IS/MND) for the 2023 – 2031 Housing Element (hereinafter referred to as the “project”) has been prepared by the City of Calistoga as the lead agency in full accordance with the procedural and substantive requirements of the California Environmental Quality Act (CEQA) and the CEQA Guidelines.
This IS/MND is intended to inform City decision-makers, responsible agencies, interested parties and the general public of potential environmental impacts associated with adoption and implementation of the 2023 – 2031 Housing Element. This IS/MND is also intended to provide the CEQA-required environmental documents for all city, regional, and state approvals or permits that might be required to implement the proposed project.
CEQA Guidelines Section 15063(c) lists the following purposes of an Initial Study:
1. Provide the Lead Agency with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR) or a Negative Declaration.
2. Enable an Applicant or Lead Agency to modify a project, mitigating adverse impacts before an EIR is prepared, thereby possibly enabling the project to qualify for a Negative Declaration.
3. Assist in the preparation of an EIR, if one is required.
4. Facilitate environmental assessment early in the design of a project.
5. Provide documentation of the factual basis for the finding in a Negative Declaration that a project will not have a significant effect on the environment.
6. Eliminate unnecessary EIRs.
7. Determine whether a previously prepared EIR could be used with the project.
The City of Calistoga, as the lead agency, has conducted an Initial Study to determine the level of environmental review necessary for the proposed project. Consistent with Section 15070(b) of the CEQA Guidelines, the Initial Study identified potentially significant impacts, however, with implementation of mitigation measures identified herein, all potentially significant impacts would be reduced to less than significant. Based on the Environmental Checklist form and supporting environmental analysis contained herein, the proposed project’s impacts on the following issue areas would be less than significant with the implementation of mitigation: Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, Tribal Cultural Resources, Utilities and Service Systems. As stated previously, all impacts would be less than significant after mitigation, and as such, the City of Calistoga as the lead agency has determined that a Mitigated Negative Declaration is the appropriate level of environmental review.
1.2. PUBLIC REVIEW
In accordance with CEQA and the state CEQA Guidelines, a 30-day public review period for the project begins on August 23, 2022, and will conclude on September 21, 2022. This IS/MND has been distributed to interested or involved public agencies, organizations, and private individuals for review. In addition, the IS/MND has been made available for general public review at the following location:
Item #8.5.
City of Calistoga
2023 – 2031 Housing Element 2 Initial Study/Mitigated Negative Declaration City of Calistoga
Planning & Building Department
1232 Washington Street
Calistoga, CA 94515
Hours: 8:00 am to 4:30 pm, Monday – Friday, Closed 12:00 to 12:30 pm for lunch The document was also made available on the city’s website at: www.ci.calistoga.ca.us.
During the public review period, the public also has the opportunity to provide written comments on the information contained within this IS/MND.
In reviewing the IS/MND and as articulated in Section 15204(a) of the CEQA Guidelines, affected public agencies and interested members of the public should focus on the sufficiency of the document in identifying and analyzing potential impacts on the environment from the proposed project, and ways in which the significant effects of the project can be avoided or mitigated. Pursuant to Section 15204(b) of the CEQA Guidelines, public agencies and persons should focus on the proposed finding that the project will not have a significant effect on the environment. If a public agency or person believes that the proposed project may have a significant effect, they should:
1. Identify the specific effect;
2. Explain why they believe the effect would occur; and
3. Explain why they believe the effect would be significant.
Finally, per Section 105204(c), reviewers should explain the basis for their comments, and should submit data or references offering facts, reasonable assumptions based on facts, or expert opinion supported by facts.
Comments on the IS/MND should be submitted in writing and received by the City of Calistoga prior to the end of the 30-day public review period on September 21, 2022. Written comments should be submitted to:
Jeff Mitchem, Planning & Building Director
City of Calistoga
Planning & Building Department
1232 Washington Street
Calistoga, CA. 94515
Phone: 707-942-2830
Email: [email protected]
Item #8.5.
City of Calistoga
2023 – 2031 Housing Element 3 Initial Study/Mitigated Negative Declaration
2. PROJECT DESCRIPTION
The City of Calistoga is located in the northwestern portion of Napa County, Figure 1 Regional Location Map.
Citywide land uses include residential, commercial, light industrial, and public/quasi public, Figure 2 Land Use Designations. Most of the City’s residentially zones land has been developed with a diversity of housing types including single family homes, mobile home parks, townhomes, condominiums, and apartments located primarily within the rural residential, rural residential hillside, low density residential, medium density residential, and the high-density residential land use designations. Several parcels at the City margins, particularly within the rural residential and the rural residential hillside designations, and within the downtown and community commercial designations remain undeveloped or underdeveloped and available for future housing. The proposed Housing Element Update is comprised of seven sites primarily concentrated downtown and along Lincoln Avenue, as depicted on Figure 3, 6th Cycle Housing Site Options.
The proposed Housing Element Update consists of the following:
• Reviewing housing development constraints (including zoning allowances) • Assessing housing needs and fair housing.
• Assessing at-risk housing.
• Accommodating the Regional Housing Needs Allocation (RHNA) which includes identifying specific sites appropriate for affordable housing.
• Updating existing & establishing new objectives, policies and programs. • Affirmatively furthering fair housing through site selection, public outreach, and the development of policies and programs.
Calistoga’s 6th Cycle RHNA consists of 119 units distributed into Very Low Income, Low Income, Moderate Income, and Above Moderate-Income categories. Each category is defined by households falling into a certain percentage of the Area Median Income, or AMI. In addition to the required RHNA, Calistoga is planning for a minimum 30% buffer to ensure that sufficient capacity to accommodate housing exists within city limits through the planning period (2031) and beyond. To calculate the net new housing capacity needed to meet the RHNA, Calistoga factored in pipeline projects and projected accessory dwelling units. The total new housing units needed to achieve the 6th Cycle RHNA is 30 housing units as shown in the following Table:
TABLE 1: NET RHNA
Very
Low Low Moderate Above Moderate Total New
Housing
Units 0-50%
AMI
51-80%
AMI
81-120%
AMI
>120%
AMI
Sixth Cycle RHNA without Buffer 31 19 19 50 119
30% Buffer 9 6 6 15 36
Sixth Cycle RHNA with 30% Buffer 40 25 25 65 155
Sixth Cycle RHNA Credit
Pipeline Projects 24 45 16 43 128
ADUs 7 7 7 3 24
Credit Subtotal 31 52 23 46 152
Total Net New Units Required, with
30% Buffer Considered 9 0 (-27) 2 19 30
Sixth Cycle Site Inventory Total 20 20 20 195 255
Item #8.5.
City of Calistoga
2023 – 2031 Housing Element 4 Initial Study/Mitigated Negative Declaration The city exceeded the 5th Cycle RHNA in 2018, and thus has decided to rely primarily on reuse sites for the 6th Cycle. Under this strategy, the opportunity sites under consideration would have a capacity 255 units above the housing units needed (including the 30% buffer). Opportunity Sites (Reuse and Non-Reuse) and Pipeline Projects are shown in Figure 4: 6th Cycle Sites Land Use Designations.
Zoning for the identified sites is presented in Figure 5: 6th Cycle Sites Zoning. The Site Inventory consists of sites currently zoned at a density appropriate for accommodating housing, and therefore, upzoning is not necessary as part of the Housing Element. The site selection relies on reuse sites previously identified for housing in the 5th Cycle but that have not yet been developed. The Housing Element includes a program that would allow Reuse Sites to be developed ministerially if at least 20% of the units in the development are affordable to lower-income households. This program is scheduled to be implemented within 3 years of adoption of the housing element. This program is outlined for consistency with housing element requirements set by the California Department of Housing and Community Development (HCD).
The City of Calistoga is proposing to update its General Plan Housing Element, referred to as the “Housing Element Update” and comprises the Project. There are several goals and objectives for the Project including the following eight overarching and interrelated goals that reflect the values of the community.
1. Maximize opportunities for the development of housing to accommodate anticipated growth and facilitate mobility within the ownership and rental housing markets.
2. Promote housing that meets the needs of extremely low-, low- and moderate-income households, particularly those who work in Calistoga.
3. Maintain the City’s housing stock and protect the affordability of affordable units.
4. Address the housing needs of special-needs population groups, including seniors, farmworkers, people with disabilities including developmental disabilities, large families, and female-headed households.
5. Maintain and enhance the physical condition and aesthetic qualities of existing residential neighborhoods.
6. Remove governmental constraints to the maintenance, improvement, and development of housing, where feasible.
7. Prevent housing discrimination on the basis of race/ethnicity, color, national origin, sex (including gender identity and sexual orientation), religion, age, ancestry, marital status, children, familial status, or disability.
8. Reduce energy use and greenhouse gas production in existing and new residential development.
Specific Objectives that support these goals are included in the Housing Element document and further discussed throughout this analysis.
Required Discretionary Actions
• Adoption of the 2023 – 2031 Housing Element (Calistoga City Council) • Approval of the Housing Element by the California Department of Housing and Community Development (HCD)
Other Public Agency Review
• California Department of Housing and Community Development (HCD) Item #8.5.
City of Calistoga
2023 – 2031 Housing Element 5 Initial Study/Mitigated Negative Declaration California Native American Tribal Consultation
In accordance with AB 52 (PRC Section 21084.2), lead agencies are required to initiate consultation with a tribe with traditional and/or cultural affiliations in the geographic area where a subject project is located if a project may cause a substantial adverse change in the significance of a tribal cultural resource. Should the tribe respond requesting formal consultation, the lead agency must work with the tribe or representative thereof to identify potential impacts and develop avoidance or mitigation measures to reduce potential impacts to tribal cultural resources. In addition, SB 18 (GC Section 65352.3) requires lead agencies to contact, and consult with California Native American tribes prior to amending or adopting any general plan, specific plan, or designating land as open space. In accordance with AB 52 and SB 18, notification of the proposed project was mailed to the Mishewal Wappo Tribe of Alexander Valley on February 23, 2022. No responses to the notification or requests to consult on the project were received.
Tiering – Calistoga 2003 General Plan EIR
CEQA Guidelines Section 15152(b) discourages repetitive discussions of the same issues and allows limiting discussion of a later project that is consistent with a prior plan to impacts which were not examined as significant effects in a prior EIR or to a discussion of significant effects which could be reduced by revisions in the later project (CEQA Guidelines Section 15152(d)). No additional benefit to the environment or public would be served by preparing an EIR merely to restate the analysis and the significant and unavoidable effects found to remain after adoption of all General Plan policies and mitigation measures. All General Plan policies adopted as mitigation apply to the project analyzed herein.
The General Plan EIR reviewed potentially significant environmental effects resulting from implementation of the General Plan and developed measures and policies to mitigate impacts. Nonetheless, significant and unavoidable impacts were identified under future conditions that would cause roadway segments or intersections in Calistoga, particularly in the downtown, to fall below Level of Service (LOS) D. Therefore, the City adopted a statement of overriding considerations, which balanced the merits of approving the General Plan despite the potentially significant and unavoidable environmental effects.
Because CEQA discourages repetitive discussions of the same issues, this environmental document tiers from the 2003 General Plan EIR (SCH No. 2003012009), certified on October 21, 2003, to examine site-specific impacts of the proposed project, as described below. A copy of the City of Calistoga General Plan and EIR are available at City of Calistoga, Planning & Building Department, 1232 Washington Street, Calistoga, CA 94515.
Item #8.5.
City of Calistoga
2023 – 2031 Housing Element 6 Initial Study/Mitigated Negative Declaration [PAGE INTENTIONALLY LEFT BLANK]
Item #8.5.
City of Calistoga
2023 – 2031 Housing Element 7 Initial Study/Mitigated Negative Declaration FIGURE 1: CALISTOGA REGIONAL LOCATION
Item #8.5.
City of Calistoga
2023 – 2031 Housing Element 8 Initial Study/Mitigated Negative Declaration FIGURE 2: GENERAL PLAN LAND USE DESIGNATIONS
Item #8.5.
City of Calistoga
2023 – 2031 Housing Element 9 Initial Study/Mitigated Negative Declaration FIGURE 3: HOUSING ELEMENT UPDATE 6
TH CYCLE SITES
Item #8.5.
City of Calistoga
2023 – 2031 Housing Element 10 Initial Study/Mitigated Negative Declaration FIGURE 4: 6
TH CYCLE SITES LAND USE DESIGNATIONS
Item #8.5.
City of Calistoga
2023 – 2031 Housing Element 11 Initial Study/Mitigated Negative Declaration FIGURE 5: 6
TH CYCLE SITES ZONING
FIGURE 6: ZONING DESIGNATION
Item #8.5.
City of Calistoga
2023 – 2031 Housing Element 12 Initial Study/Mitigated Negative Declaration [PAGE INTENTIONALLY LEFT BLANK]
Item #8.5.
City of Calistoga
2023 – 2031 Housing Element 13 Initial Study/Mitigated Negative Declaration [PAGE INTENTIONALLY LEFT BLANK]
Item #8.5.
City of Calistoga
2023 – 2031 Housing Element 14 Initial Study/Mitigated Negative Declaration
3. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact Unless Mitigation is Incorporated" as indicated by the checklist on the following pages.
Aesthetics Hazards & Hazardous Materials Recreation
Agricultural & Forestry Hydrology / Water Quality Transportation / Traffic Air Quality Land Use / Planning Tribal Cultural Resources Biological Resources Mineral Resources Utilities / Service Systems Cultural Resources Noise Wildfires
Geology / Soils Population / Housing Mandatory Findings of Greenhouse Gases Public Services Significance
4. DETERMINATION (TO BE COMPLETED BY LEAD AGENCY)
The CEQA Initial Study (IS) Checklist and written explanations are provided in Section 4 below. The Initial Study Checklist and narrative indicate the level of significance of the potential environmental effects of the proposed project upon each of the noted environmental resources. On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment. A NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
X
I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.
Jeff Mitchem, Planning & Building Director Date
August 17, 2022
Item #8.5.
City of Calistoga
2023 – 2031 Housing Element 15 Initial Study/Mitigated Negative Declaration [PAGE INTENTIONALLY LEFT BLANK]
Item #8.5.
City of Calistoga
2023 – 2031 Housing Element 16 Initial Study/Mitigated Negative Declaration
5. EVALUATION OF ENVIRONMENTAL IMPACTS
The following discussion addresses the potential level of impact relating to each aspect of the environment.
5.1. AESTHETICS
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact
a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including,
but not limited to, trees, rock outcroppings, and
historic buildings within a state scenic highway?
c) In non-urbanized area, substantially degrade the
existing visual character or quality of public views
of the site and its surroundings? (Public views are
those that are experienced from publicly
accessible vantage point). If the project is in an
urbanized area, would the project conflict with
applicable zoning and other regulations governing
scenic quality?
d) Create a new source of substantial light or glare
which would adversely affect day or nighttime
views in the area?
Sources: Calistoga General Plan, as amended; 2003 General Plan EIR; and California Scenic Highway Mapping System, Scenic Highway System Lists.
Aesthetics Setting
The City of Calistoga is situated in the northern most portion of the Napa Valley. The relatively flat topography is interspersed with hills including Mount Washington and Mount Lincoln and mountains at the valley margins.
The western city limit extends into the foothills of the Mayacamas Mountains, which rise to a height of approximately 4,700 feet. The eastern city limit abuts the Palisades, a mountain range rising to a height of approximately 2,500 feet and located within the Robert Louis Stevenson State Park. The Napa River flows southward through the central part of the city, from Greenwood Avenue to Dunaweal Lane, and terminates in the San Pablo Bay approximately 50 miles to the south. There are a number of creeks within the city, some of which flow to the Napa River, including Blossom Creek, Garnett Creek, Simmons Creek, and Cyrus Creek.
Calistoga has a small historic walkable downtown with pedestrian-oriented services along Lincoln Avenue.
Important visual features include the tree-lined streets found throughout the city, the Napa River, and several historic homes and commercial buildings on the National Register of Historic Places. Through downtown, the buildings range in height from one to two stories with limited three-story structures. Views from downtown Calistoga along Lincoln Avenue highlight the Palisades Mountains to the north and the Mayacamas Mountains to the south. The hilly areas surrounding the city limits are heavily forested, contrasting with the developed landscape in and around Calistoga, which contains large expanses of vineyards, orchards, open space, buildings, and infrastructure.
There are no formally designated State Scenic Highways within the City of Calistoga. Through Calistoga, Lincoln Avenue is coterminous with State Route (SR) 29 which is considered eligible to be officially designated Item #8.5.