Calistoga City Council
September 19, 2023

Mayor
Donald Williams
Vice Mayor
Irais Lopez-Ortega
Councilmembers
Lisa M. Gift
Scott Cooper
Kevin Eisenberg
AGENDA
City Council
Tuesday, September 19, 2023 - 6:00 PM
HYBRID

AMENDED
9/18/23
Below is information on how the public may observe and participate in the meeting. The City recognizes that not all residents have the same ways to stay engaged, so several alternatives are offered.

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

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

2. Listen or participate via your phone – dial 1-669-900-6833, enter webinar ID: 830 2210 5953, password: 123201

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

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

WRITTEN COMMENTS: Alternatively, you may provide public comment on any item on the agenda or any item of municipal concern via email. Please submit your comment, limited to 350 words or less, via email to [email protected]. Written public comments submitted by email should clearly indicate the Agenda Item No. or specify “Oral Communications” in the Subject Line for items not on the agenda and are requested to include the submitter’s full name. Comments received by 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 9.19.23 5 - 8

4. CITY MANAGER’S REPORT

5. PROCLAMATIONS/PRESENTATIONS/ AWARDS

5.1. Updating the City Council on the Police Department's operations and services.

Recommended Action: Receive presentation.

Staff Report - Police Department Presentation - Pdf
9 - 18

6. CONSENT CALENDAR

6.1. Amendment to Consultant Agreement # 929 for On-Call Human Resources (HR) Services
Recommended Action:

Consider adopting Resolution approving Amendment #1 to Agreement #929 for Consultant Services with Municipal Resources Group, LLC (MRG) to (1) increase the compensation amount by $12,000 for additional on-demand Human Resources (HR) project services not to exceed a total contract amount of $42,000; (2) amend the time of performance of the agreement from a (1) year base contract expiring July 31, 2024, to include two (2) one-year contract extension options through July 31, 2026 for a total contract amount not to exceed $42,000 annually; and (3) authorize the City Manager, or her designee to, to execute the agreement.

Staff Report - Amendment #1 to Agreement # 929 with Municipal Resources Group, LLC (MRG) - Pdf
19 - 37

6.2. Consider Adopting a Resolution Identifying the Terms and Conditions for Fire Department Response Away From Their Official Duty Station and Assigned to an Emergency Incident
Recommended Action: Adopt a resolution compensating employees overtime while in the course of their employment and away from their official duty station and assigned to an emergency incident, in support of an emergency incident, or pre-positioned for emergency response AND assuring portal to portal reimbursement for the costs incurred providing the staffing and resources necessary to support the statewide mutual aid and emergency response framework.

Staff Report - Fire Department Statewide Mutual Aid Responses - Pdf 38 - 41

6.3. Consider adopting a Resolution to amend the Personnel and Staffing Listing and the Salary Schedule - Public Safety Communications Manager & Maintenance Technician I
Recommended Action: Adopt Resolution amending the Personnel and Staffing Listing and Salary Schedule
Staff Report - Personnel and Staffing Listing and Salary Schedule Amendments - Pdf
42 - 45

6.4. Consider Adopting Minutes of May 16, 2023 - September 1, 2023.

Recommended Action: Approve the Minutes as Submitted
Staff Report - Approving Minutes of May 16, 2023 - September 1, 2023. - Pdf
46 - 79

6.5. Consideration of a Resolution that:

1. Accepts a public drainage easement that is required as a preliminary condition of approval of the 1857 Money Lane Subdivision and authorization to file the easement deed with the Napa County Recorder.

Recommended Action:

Consider adopting resolution.

Staff Report - Acceptance of a Public Drainage Easement Over Parcel No. 011-010-059 - Pdf
80 - 86

6.6. Professional Services Agreement with SDI Presence, LLC for On Demand Chief Information Officer
Recommended Action: Consider adopting a Resolution that authorizes the City Manager to enter into a professional services agreement with SDI Presence, LLC to provide On Demand Chief Information Officer services.

Staff Report - Professional Services Agreement with SDI Presence, LLC for On Demand Chief Information Officer - Pdf
87 - 104

7. PUBLIC HEARING

8. GENERAL GOVERNMENT

8.1. Consideration of a Resolution that:

1. Authorizes the City Manager to execute a Contract for Construction with FCB Construction, Inc., to complete construction of Heather Oaks Park Pathway in an amount not to exceed $59,850.

2. Approves the Project construction budget in the amount of the base bid of $53,873, with a 10% contingency for unforeseen conditions and authorizes the Public Works Director to negotiate and approve contract change orders up to the approved construction budget amount of $59,850.

3. Direct staff to fund with unappropriated general fund monies or with monies from Pioneer Cemetery and portion of monies from the Maxfield Pathway CIP.

Recommended Action:

Consider adopting resolution.

Staff Report - Authorizing FCB Construction, Inc. to Rebuild Heather Oaks Park Pathway - Pdf
105 - 110

8.2. Receive the presentation regarding progress on the Utility Rate Study and provide direction on long-term financial plan options.

Recommended Action:

Provide direction on long-term financial plan options.

Staff Report - Presentation for the Utility Rate Study – Financial Plans and Preliminary Rates - Pdf
111 - 139

9. COUNCIL REPORTS

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

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

SUPPLEMENTAL MATERIAL RECEIVED AFTER THE POSTING OF THE AGENDA:

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

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

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

POSTING: I declare a copy of this agenda was posted at City Hall, 1232 Washington Street, Calistoga, among other locations in the city limits of Calistoga on September 12, 2023, by 4:30 p.m.

Yudiana Galvan, City Clerk

Addmona Writings
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From: Jose Ortega — Sent: Thursday,August 17, 2023 .00 PM To: EricReichert,DonaldWilliams
Cc: Debbie Lewis; PublicComment; Hamid Heidary,
Subject: Lincoln Ave Road Construction
Importance: High
CAUTION:This email originated from outside of the organization. Do not dick links or open attachments unless you recognize the sender and know the content issafe.

Hi Donald and Eric,
I hope this email ?nds you and your family well.

I am reaching out to get your assistance with the road construction in LincolnAve and Fairway. It is my understanding there is a major road construction planed at the start of September. Thisroad work is to update the sewer lines between Fair way and Grant St. I know this work is needed and it has been in the works for some time now. My concern with the work isthe timing of the construction. we are still in season and as you might be aware the Napa market has seen a decline. Considering the local market is experiencing a decline and local business are affected I strongly oppose to start this major project in the middle of season. September and October look promising and could provide local businesses an opportunity to catch up from this soft year. Istrongly propose to have this road construction in the middle of season and propose to move this work to the month November as this is a slow month, and it would not have the same negative impact on the local businesses.

I appreciate your assistance and concideration on the matter, and I am always availableto meet in person, orjump on a call to discus. Looking forward to hearing back from you.

Warm regards,
Jose A. Ortega
General Manager
Item #3.1.

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Yudiana Galvan
Distributedon
From: —
Sent: Monday, August 21, 2023 9:01 AM
To: PublicComment
Subject: Letter to Mayor and Council regarding Food Truck Ordinance ‘CAUTION: This email originated from outside of the organitation. Do not clicklinksor open attachments unless you recognize the sender and know the content is safe.

Honorable Mayor and Council
I am in fullsupport of the recently adopted Mobile FoodVendor ordinance that was recently adopted by the Council. However, I believeone issue was overlookedthat must be addressed. Because the ordinance limitsthe maximum to three permits per year, it opens the ordinance up to abuse. What is to stop a business, a local restaurant opposed to food trucksjust for example, apptying for and securing a permit, for the sole purpose of taking one permit out of the hands of a viable operator? Andwhat is to stop a number of similarlike-minded folks to band together and get all three permits tied up with no intention of ever doing a mobile food vendor business? You can say that the license fees may stop that, but a business license can be paid from proceeds of not too many $22.00 hamburgers at their established restaurant. A more reliable way to ensure that the permits go to viable users is to require their mobile operation to be open for business a minimum of 30 days in Calistoga per calendar year. This number would not be too onerous on a REALfood truck vendor, but would make it more difficultfor placeholders intent on eliminating any chance for committed vendors to exist. The 30 day per calendar year would help make sure who has the permits is committed and put “skin into the game".

The ordinance isvague as to the duration of the permit. It appears they are for one year, but it is not spelled out. Does the lottery start anew each year, and does an established mobile food vendor have any seniority for renewal? Hard to expect a business owner to invest the money, time and resources necessary to run a business knowing that their future could be eliminated the following year solely by what position they stand in lineat the permit office.

I know these concerns are somewhat after the fact, but I hope this issue can be resolved before the issuance of the three available permits occurs.

Scott Atkinson
Savting m 4:9,,warm (furry: :54mma:an mnryfn cm on. nag,so war?fwilfc?angcfortvzi.

Item #3.1.

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item No. 14
Distributedon ?E_p‘,I‘y/l’ Yudiana Galvan
From: Justen stepka — Sent: Saturday. August 26, 2023 12:47 PM To: PublicComment
Subject: Re: Mobile Food Vendor Regulations
CAUTION:This email originated from outside of the organization.Do not?:l?:klinks or open attachments unless you recognize the sender and knowthe content is safe.

The food truck line up you're ?rst is silly. Thislottery and then not is sloppy.

Obviously folks likecalistoga inn are opposed to seeing food trucks compete with their business. Iwould too. The staff eats food from other restaurants behind the counter and won't recommend half the menu.

The food trucks should be competitive businesses vs the entrenched establishment. Hearing the staff of local restaurants complaining about lower receipts when the city posted the highest occupancy tax rate ever should be a wake up callthe business owners to manage their competitiveness better.

On Mon, May 15, 2023 at 9:56 AM Public Comment <[email protected]|istoga.ca.us> wrote:

Your t?ublic comment has been received and will be forwarded to the City Council and made available with e agenda packet.

Thank you for your engagement in the City of Calistoga.

WRITTEN COMMENTS: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 submitters full name. To ensure the City Council receives your written comments prior to taking action, they must be received by 2:00 p.m. on the day of the meeting. Allwritten comments received by this deadline willbe provided to the City Council and posted online in advance of the meeting. Comments received after the 2:00 pm. deadline will be provided to the City Council and included with supplemental materials after the meeting. No written comments willbe read verbally at the meeting.

Thank You,
yucfiana Qafvan
Item #3.1.

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item No. 4
Distributedon us Vudlana Galvan
From: Norine Moses
Sent: Saturday, September 2, 2023 9:00 PM
To: PublicComment
Cc: Mitchell Celaya; Melissa Velasquez; Editor
Subject: Fairgrounds and Washington St paving
CAUTION: This email originated from outside of the organization. Do not clicklinksor open attachmentsunlessyou recognize the sender and know the content is safe.

To members of our City Council and other officials:

My comments on the Fairgrounds relate to the $37.5M FEMAfire grant awarded to Napa County:

As we all know, the new normal of recent history has required the use of the Fairgrounds as an emergency shelter for fire evacuees and as a staging area for fire ?ghters. Due to apparently purposeful neglect by the County, I doubt the facility could be safely used for either function at present. It would be appropriate forthe County to assume responsibility for their past stewardship, and devote an appropriate portion of the FEMAgrant to restore the campus to a safe condition for both needs.

My comments on street paving relate to the upcoming pavinggf Washington Street between 3rd and 4th Streets as part of the Brannon Center proiect:

Turning from 4th St. onto Washington St. is a dangerous turn in either direction. On Washington St., parking is allowed on one side, only. The danger is caused by the side of Washington now used for parking. Lineof sight is blockedin either direction by parked vehicles. It has long been my understanding that concurrent with any repaying of Washington Street, the position of the center line would be reset so that parking could moved to the opposite side, only, of Washington Street. Ido hope you will be sure that those changes are part of the upcoming plan for repaying and that the changes extend to LakeStreet.

Thank you for your efforts in our behalf.

Norine Moses
Item #3.1.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Mitch Celaya, Chief
Meeting: City Council - Sep 19 2023
Subject: Police Department Presentation
DESCRIPTION:

Updating the City Council on the Police Department's operations and services.

RECOMMENDATION:

Receive presentation.

BACKGROUND/SUMMARY:

Staff prepared a presentation (see attached) to provide an overview of the police department's operations and services.

ANALYSIS:

None
CEQA STATUS:

Not Applicable
FINANCIAL IMPACT:

None
ATTACHMENT(S):
2023 CPD Presentation to Council 091923
APPROVAL(S):

Jessie Catacutan Approved - Sep 07 2023
Laura Snideman, City Manager Approved - Sep 11 2023
Yudiana Galvan, City Clerk Approved - Sep 11 2023
Item #5.1.

Calistoga Police Department
Chief Mitchell J. Celaya III
1 Item #5.1.

Mission Statement
2 ➢ Provide a high level of service to the community;
➢ To safeguard lives and property;
➢ To defend the constitutional rights of all people;
➢ To create and preserve a safe and secure environment; and
➢ To contribute to the success & prosperity of the City by supporting its mission, goals, and objectives.

Item #5.1.

Organization Chart
CHIEF

LIEUTENANT
Supervisor Sergeant Sergeant
Corporal-VACANT Corporal
1 Community
Service officer
VACANT
2 Part-time Police
Technicians
3 Officers 3 Officers
1 VACANT
4 Dispatchers
3 Part-time
Dispatchers VACANT
Code Enforcement Juvenile Diversion Prog.

SRO Officer

PATROL DISPATCH/RECORDS
3 Det./Cover Officer
VACANT
Item #5.1.

A Snapshot about CPD:
➢ 24 x 7 full-service police department
➢ 13 sworn officers, 6 non-sworn, & 5 part-time staff
➢ CPD Activity (4-year average):
▪ Over 4000 Calls For Service per year
▪ Over 16,000 Officer initiated incidents
▪ Ave. response time is approx. 5 minutes
▪ Over 650 police reports taken per year
▪ 200 arrests per year
▪ Over 1360 traffic stops per year
▪ Over 60 Community Outreach Activities
4 Item #5.1.

CRIMINAL ACTIVITY & STATISTICS
2019 2020 2021 2022 2023 YTD
CALLS FOR SERVICE (CFS) 4099 3887 4162 3987 2660
Officer Initiated Incidents 9061 17577 20183 17599 10273 Reports 643 679 729 657 377
Arrests 162 195 229 215 93
Traffic Accidents 89 60 82 93 79
Outside Assist to Other Agencies 195 163 125 131 95
CRIME REPORTS 2019 2020 2021 2022 2023 YTD
Homicide 0 0 0 0 0
Rape 0 2 2 0 0
Robbery 0 1 1 1 0
Domestic Violence 23 24 21 34 14
Assault/Battery 21 23 24 3 5
Burglary 5 17 16 20 7
Theft 54 66 77 64 43
Auto Theft 8 12 9 9 6
Drunk Driving 39 35 41 29 19
Drunk In Public 42 19 17 21 11
Vandalism 36 34 56 47 22
Item #5.1.

MISCELLANEOUS ACTIVITY/SERVICES
SELF-INITIATED ACTIVITY 2019 2020 2021 2022 2023 YTD
Traffic Stops 1322 1398 1442 1383 838
Traffic Enforcement/Directed Patrols 400 599 1022 780 514 Parking Citations 337 84 133 85 129
Business Checks 1668 3105 4120 3730 2446
Patrol Checks 4491 11473 12837 10834 6093
Other Activity 391 307 38 175 157
MISCELLEANEOUS ACTIVITY/SERVICES 2019 2020 2021 2022 2023 YTD Drug/Narcotic Related 24 23 49 25 16
Suspicious Circumstance 377 461 546 511 290
Civil Advise 15 33 36 47 22
Juvenile Related 63 68 65 71 70
Code Enforcement 69 28 36 20 6
Abandon Vehicle Complaints 125 76 65 54 52
Live Scan Services 297 139 171 207 178
Item #5.1.

SERVICES & OUTREACH
PROGRAMS & SERVICES:
➢ School Resource Officer Program
➢ Juvenile Diversion Program
➢ Lives Scan Services
➢ Alcohol Permit Services
➢ Animal Control & Shelter Services
➢ Ride Alongs
➢ Residential Vacation Checks
➢ Special Event Staffing
OUTREACH ACTIVITIES:
➢ Kids Safety Day
➢ Every 15 Minutes
➢ Dept. Tours & Presentations
➢ National Night Out
➢ CPD Open House
➢ Active Shooter Exercises
➢ Special Olympics LETR
➢ Special Olympics Tip-A-Cop
➢ Walk A Mile In Her Shoes
➢ Rapper Read Aloud Program
➢ Holiday Senior Angels program
➢ Winter Holiday Dinner Baskets
➢ CPD Rocks Scavenger Hunt
Item #5.1.

CPD Challenges:
8 Recruitment and Retention
Item #5.1.

THANK YOU
Item #5.1.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Laura Snideman, City Manager
Meeting: City Council - Sep 19 2023
Subject: Amendment #1 to Agreement # 929 with Municipal Resources Group, LLC (MRG)
DESCRIPTION:

Amendment to Consultant Agreement # 929 for On-Call Human Resources (HR) Services RECOMMENDATION:

Consider adopting Resolution approving Amendment #1 to Agreement #929 for Consultant Services with Municipal Resources Group, LLC (MRG) to (1) increase the compensation amount by $12,000 for additional on-demand Human Resources (HR) project services not to exceed a total contract amount of $42,000; (2) amend the time of performance of the agreement from a (1) year base contract expiring July 31, 2024, to include two (2) one-year contract extension options through July 31, 2026 for a total contract amount not to exceed $42,000 annually; and (3) authorize the City Manager, or her designee to, to execute the agreement.

BACKGROUND/SUMMARY:

On July 7, 2023, the City entered into an agreement with MRG for on-demand HR services under the City Manager’s signature authority in the amount of $30,000. The services of professional human resources consultants with significant public sector knowledge and experience are necessary for the city to remain in compliance with the many state and federal HR laws and regulations.

The City would now like to amend the contract to include additional funding for services previously provided by a different firm including for the management and tracking of employees’ leave use such as FMLA, CFRA, and Disability as required by law, and amend the terms of the contract to include two (2) one (1) year contract extensions.

CEQA STATUS:

Not Applicable
FINANCIAL IMPACT:

Funds for the contract amendment will be paid from 01-4172-4402. The cost is within the budget appropriated in account number 4172.

ATTACHMENT(S):

MRG Contract Amendment Attch 3 Draft Resolution
MRG Contract Amendment Attch 1 Agreement 929
MRG Contract Amendment Attch 2 929 - MRG LLC On Demand HR Item #6.1.

APPROVAL(S):

Jessie Catacutan Approved - Sep 07 2023
Laura Snideman, City Manager Approved - Sep 11 2023
Yudiana Galvan, City Clerk Approved - Sep 11 2023
Item #6.1.

RESOLUTION NO. 2023-____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA,

COUNTY OF NAPA, STATE OF CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT #1 TO AGREEMENT #929 WITH MUNICIPAL RESOURCES GROUP, LLC
WHEREAS, on July 7, 2023, the City entered into an agreement with MRG for on-demand HR services under the City Manager’s signature authority in the amount of $30,000, and
WHEREAS, several mid-management positions within the city are currently vacant, one of which is the Human Resources Manager. The City Manager recognizes that until the Human Resources Manager position is filed, the services of a professional human resources consultant, with significant public sector knowledge and experience, is necessary for the city to remain in compliance with state and federal HR laws and regulations.

WHEREAS, the City would now like to amend the contract to include additional funding for more in-depth HR management services, which includes the management and tracking of employees’ leave use such as FMLA, CFRA, and Disability as required by law, and amend the terms of the contract to include two (2) one (1) year contract extensions, and

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY amends the contract with MRG as follows:

1. ARTICLE 2.1 COMPESATION is hereby modified to read in its entirety as follows:

2.1 Compensation. This amendment augments MRG’s not to exceed amount by $12,000 for a total not to exceed amount of $42,000 per contract year.

2. ARTICLE 3.1 TIME OF PERFORMANCE is hereby modified to read in its entirety as follows:

3.1 Effective Date. This Amendment shall be effective execution of the second signature and shall amend the terms of the contract from a one (1) year base contract expiring July 21, 2024, to include two (2) one (1) year contract extensions options through July 31, 2026.

3. Incorporation of Reference. This Amendment hereby incorporates by reference all terms and conditions set forth in the Agreement, unless specifically Item #6.1.

Resolution No. 2023-XXX

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.

PASSED, APPROVED AND ADOPTED this 19th day of September 2023. I,

YUDIANA GALVAN, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:
____________________________ __________________________ Yudiana Galvan, City Clerk Donald Williams, Mayor
Item #6.1.

AMENDMENT No. 1
to
AGREEMENT No. 929 FOR CONSULTANT SERVICES
This Amendment No.1 (“Amendment”) to Agreement No. 929 (“Agreement”) is dated this _____ day of _____________, ___, by and between the City of Calistoga herein called the "City," and Municipal Resource Group, LLC (MRG), a Limited Liability Company (herein called the "Consultant”). CITY and CONSULTANT may be referred to individually as “Party” and collectively as the “Parties”.

RECITALS
WHEREAS, On July 7, 2023, the City entered into an agreement with MRG for on-demand Human Resources (HR) services under the City Manager’s signature authority in the amount of $30,000, and
WHEREAS, The City would now like to amend the contract to include additional funding for more in-depth HR management services, which includes the management and tracking of employees’ leave use such as, but not limited to, the Family Medical Leave Act (FMLA), California Family Rights Act (CFRA), and Disability as required by law, and
WHEREAS, the City wishes to amend the terms of the contract from a one (1) year base contract expiring July 21, 2024, to include two (2) one (1) year contract extensions options through July 31, 2026,

AGREEMENT
NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows:

1. ARTICLE 2.1 COMPESATION is hereby modified to read in its entirety as follows:

2.1 Compensation. This amendment augments MRG’s not to exceed amount by $12,000 for a total not to exceed amount of $42,000 per contract year.

2. ARTICLE 3.1 TIME OF PERFORMANCE is hereby modified to read in its entirety as follows:

3.1 Effective Date. This Amendment shall be effective execution of the second signature and shall amend the terms of the contract from a one (1) year base contract expiring July 21, 2024, to include two (2) one (1) year contract extensions options through July 31, 2026.

Item #6.1.

3. Incorporation of 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 Parties have executed this Amendment as of the date set forth above.

CITY OF CALISTOGA
By: _______________________________ Date: ________________ Laura Snideman, City Manager

CONSULTANT
By: _______________________________ Date: ________________ By: _______________________________ Date: ________________ Attest
By: _______________________________
Yudiana Galvan, City Clerk
Approve As To Form
By: _______________________________
Item #6.1.

Agreement No. 929

AGREEMENT FOR CONSULTANT SERVICES
This Agreement for Consultant Services (the "Agreement") is made and entered into this ?~ day of ✓ I,) l't 4023 , by and between THE CITY OF CALISTOGA, a municipal corporation (hereinafter referred to as "CITY") and Municipal Resource Group, LLC (MRG), a Limited Liability Company, (hereinafter refe1Ted to as "CONSULTANT"). CITY and CONSULTANT may be referred to individually as "Party" and collectively as the "Parties."

RECITALS
WHEREAS, CITY requires consulting services in connection with the On Demand HR project services;
WHEREAS, CONSULTANT is qualified to perform such services; and WHEREAS, CONSULT ANT 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:

AR TI CLE 1 - SCOPE OF SER VICES

1.1. Scope of Work. CONSULT ANT 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. CONS ULT ANT 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 CONSULT ANT 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 CONSUL TANT 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.
- 1 - OAK.#4890-2776.3737vl (Rev. 9n021)
Item #6.1.

1.5. Independent Contractor. CONSULTANT is an independent contractor and not an employee of CITY. CONSULTANT expressly watTants that it will not represent that it is an employee of CITY. Persons employed or utilized by CONSUL TANT in the performance of the Services will not be employees or agents of CITY. CONSULTANT is solely responsible for the payment of employment taxes incuJTed 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 infonnation, knowledge or data relating to the products, process, or operation of CITY. CONSUL TANT 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 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 or on behalf of CONSULTANT under this Agreement ( collectively, the "Documents") shall be and remain the property of CITY with the exception of copyrighted or training materials. 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 CONSUL TANT.

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 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 litigation is brought against CITY in connection with the Services. Unless the action is brought by CONSUL TANT or is based upon CONS UL TANT's negligence, CITY will compensate CONSULTANT for the preparation and the testimony at CONSULTANT's standard hourly rates.

ARTICLE 2 - COMPENSATION

2.1. Compensation. Compensation for the Services shall be in accordance with Exhibit B.

Compensation, attached hereto and incorporated herein. It is agreed that the compensation for the Services shall not exceed $30,000 ("Cost Ceiling").

2.2. Invoices. CONSUL TANT shall submit monthly invoices in a fo1m 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 - 2 - OAK #4890-2776-373v1 (Rev. 9/2021)
Item #6.1.

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 CONS ULT ANT, and make payment to CONSUL TANT 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 ofCONSULTANT's work. CITY reserves the right to withhold payment from CONSULTANT on account of Services not performed satisfactorily, delays in CONSUL TANT's performance of Services, or other defaults hereunder. CONSULT ANT 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 June 30, 2024.

3.2. Termination. This Agreement may be terminated at any time by CITY upon written notice to CONSULTANT.
3 .3. Final Payment. CONSUL TANT 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 A1ticle 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.

ARTTCLE 4 - DESIGNATED CONTACTS

4.1. CITY Contact. CITY designates Katie Lichtig, its Professional/Technical Executive, as its contact who shall be responsible for administering and interpreting the terms and conditions of this Agreement, for matters relating to CONSULT AN T'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.

OAK#4890-2776-373vl (Rev. 9/2021)
Item #6.1.

4.2. CONSULTANT Contact. CONSULTANT designates Patty Francisco as its contact, who shall have immediate responsibility for the perfonnance of the Services and for all matters relating to performance under this Agreement. Any change in CONSULT ANT'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 expe1t witness fees, awards, fines, penalties, or judgments, arising out of or relating to the Services (collectively "Claims"), defend, indemnify, and hold hamless 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.

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.S(c), CONSUL TANT shall indemnify, defend, and hold the lndemnitees 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 CONSUL TANT 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 law and shall not in any way be limited by the insurance requirements of this Agreement. 5 .2. Health and Safety. CONSUL TANT 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 CONSULTANTs 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 perfo1111ance 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 ofno 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. -4-
OAK #4890-2776-373vl (Rev. 9/2021)
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B.

C.

D.

E.

F.

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 ob ligations assumed by CON SULT ANT 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.

Professional Liability Insurance. Professional Liability Insurance protecting against liabilities arising out of or in connection with negligent acts, errors, or omissions of CONSULT ANT and all of CONSUL TAN TS 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 CONSULT ANT under this Agreement.

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.

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, CONSUL TANT shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim.

Policy Terms. Concurrently with execution of this Agreement, CONSUL TANT shall provide CITY with Certificates of Insurance evidencing that CONSULT ANT 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 CONSULT ANT by United States mail;
• Providing that CONSUL TANT'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);
- 5 -
OAK#4890-2776-373vl (Rev. 91202!)
Item #6.1.

G.

H.
• 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.

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

CONSULT ANT 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(0) of this Agreement shall be endorsed with a waiver of subrogation in favor of CITY for all work performed by CONSULT ANT, its employees and/or agents.

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 CONSULT ANT resulting from said breach. Alternatively, CITY may purchase the required insurance coverage, and without further notice to CONSULTANT, may deduct from sums due to CONSULT ANT 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 - 6 -
OAK #4890-2776-373vl (Rev. 912021)
Item #6.1.

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:
lfto CITY: Laura Snideman, City Manager
1232 Washington Street
Calistoga, CA 94515
Email: 1 snideman@ci .cal istoga.ca. us
Phone: 707-942-2806
lfto CONSULTANT: Mary Egan, CEO MRG
PO Box 561
ARTICLE 7 - MISCELLANEOUS
Wilton, CA 95693
Phone: 916-261-7547
Emai I: [email protected]

7.1. Conflict oflnterest 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. CONSULT ANT 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 perfonn 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 CONSUL TANT'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.

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 () 2) months, an employee, agent, appointee, or official of CITY. If CONSULTANT was an employee, agent, appointee, or official of CITY in the previous twelve months, CONSULT ANT warrants that it did not participate in any manner in the - 7 -
OAK #4890-2776-373vl (Rev. 9/2021)
Item #6.1.

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 CONSUL TANT 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. CONSULT ANT 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 CONSUL TANT 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 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 detennined 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. - 8 -
OAK #4890-2776-373vl (Rev. 9/2021)
Item #6.1.

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 oflaws 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 CONSULT ANT 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 CONSULT ANT and any subcontractors or subconsultants in connection with any services perfonned in connection with, or in furtherance of, this Agreement. * * *
[Signatures on Next Page]
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OAK #4890-2776-373vl (Rev. 9/2021)
Item #6.1.

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

CITY OF CALISTOGA

CONSULTANT
By: .J~ ~ {U-~ M~.CE
By:. _____________ _
Attest
By ~~ uclianaGalvaA Acting City Clerk
Approved As To Fann
By:-------"'- ) ,__ /4JwlJ _1 'u..::......::... c<,,_l~-'----, 1 '11..- .._- --- Michelle Marchetht'Kenyon, City Attorney
- 10 - OAK #4890-2776-373vl (Rev. 9/2021)
Date: 7·7·20 2"3
Date: 6/26/2023
Date:. _____ __ _
Item #6.1.

On-Demand HR Services

1. Recruitment and Selection

EXHIBIT A

SCOPE OF WORK
o Review job description and duties for possible updates o Prepare recruitment plan and outreach
o Assist in the review process and candidate communications

2. Employee and Labor Relations
o Liaison between employees and management, mediating and arbitrating disputes and grievances
o HR negotiations strategy, data collection, and negotiations support

3. Policy/Procedures review and Leave guidance
o Review of HR policies and procedures
o Reasonable Accommodation due process through interactive process meetings as needed o Tracking of cases and status updates of issues

4. Classification Analysis
o Conduct job analysis, needs analysis and reclassification evaluations o Train staff on Classification and Compensation general practices o Analyzing data and information related to salary and compensation o Develop new, compliant job descriptions and related application materials, if necessary

5. Discipline and Retention
o Consider implementation of Coaching program associated with performance evaluation systems
o Developing and administering performance improvement plans o Review current progressive discipline, employee, and agency documents to prepare disciplinary documentation

6. Organizational Assessments/Change Management
o Department review for functional efficiencies, compliance, and best practice recommendations
o Prepare and facilitate an internal customer service survey to assess the effectiveness of a department
o Review the departmental structure, compare benchmarks to similar agencies o Assist in the messaging and strategic planning for Change Management in an agency to align with Executive mission and vision

7. Workplace Investigations
o Recommend initial intake and analysis of complaint to determine if an investigation is warranted. Review with HR to determine the best course of action o Coordinate with HR contact to schedule interviews with assigned investigator OAK #4823-2508-6159 v2
Item #6.1.

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. CONSULTANT shall provide a copy of each subconsultant's invoice for which it seeks payment from CITY with any invoice in which such payment is requested.

3. Other Direct Costs
The following categories of costs are eligible within the Cost Ceiling:
a. Reasonable living and traveling expenses of employees when away from home office on business in its prosecution of the Services. CONSUL TANT must have prior approval of CITY to be reimbursed for these expenses.
b. Automobile expenses for personal vehicle use, if necessary, at the IRS approved mileage rate.
c. Reproduction of drawings and specifications by CONSULT ANT as required under this Agreement, at rates prevailing in this community for bulk reproduction or at other reasonable rates approved by CITY.
d. Special overnight delivery or messenger services.

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

OAK #4823-2508-6159 v2
Item #6.1.

EXHIBIT B-1
The On Demand HR Services will be invoiced to City on a monthly basis for actual hours worked and expenses incurred. MRG will invoice at the rate of $225 an hour for HR consulting services as outlined in Exhibit A plus expenses up to a not to exceed amount of $30,000. See the rate chart below for additional services and their respective rates.

Effective Ji;Jmmry, 1, 2013 Rote
Human Resources Professional Services $225/hour
Coaching, Professional Development $250/hour
Principal Consultant Professional Services $300/hour
Custom Training quoted
Investigative Services $325/hour
Testimony, Expert Witness $395/hour
Technical Support (MRG Staff) $95
Mileage, Travel, Printing and Postage, etc. At cost
Total compensation under this Agreement shall not exceed thirty thousand dollars ($30,000) and any work perfonned by Consultant in excess of such limit shall not be eligible for compensation and shall be at Consultant's sole risk.

OAK #4823-2508-6159 v2
Item #6.1.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Jed Matcham, Fire Chief
Meeting: City Council - Sep 19 2023
Subject: Fire Department Statewide Mutual Aid Responses DESCRIPTION:

Consider Adopting a Resolution Identifying the Terms and Conditions for Fire Department Response Away From Their Official Duty Station and Assigned to an Emergency Incident RECOMMENDATION:

Adopt a resolution compensating employees overtime while in the course of their employment and away from their official duty station and assigned to an emergency incident, in support of an emergency incident, or pre-positioned for emergency response AND assuring portal to portal reimbursement for the costs incurred providing the staffing and resources necessary to support the statewide mutual aid and emergency response framework.

BACKGROUND/SUMMARY:

The City of Calistoga has a long-standing history of providing and receiving mutual aid during catastrophic events like wildfires. Without this type of support from local government agencies, the California mutual aid system would not be able to operate.

Fire Department staff and equipment respond throughout the state during major events and personnel are compensated from the time they receive orders to mobilize until personnel return to the City and are released from duty. The City of Calistoga receives reimbursement for expenses related to mobilizing resources during these requests under the California Fire Assistance Agreement (CFAA).

This Resolution will streamline the process of approval annually for the reimbursement of our resources through the CFAA.

ANALYSIS:

In the past, the City has had to regularly submit copies of all Memorandums of Understanding (MOU's) to receive approval for "portal to portal" reimbursement for our staff. This requirement results in time dedicated each year to reviewing and assuring that our contracts and information is current with the California Office of Emergency Services. This resolution will eliminate the need for updating the MOU's on a regular basis, enabling a consistent method of reimbursement for personnel assigned to major incidents.

CEQA STATUS:

None
FINANCIAL IMPACT:

Item #6.2.

Potential for increased reimbursement of expenses from services provided during mutual aid incidents throughout the state.

ATTACHMENT(S):

Portal to Portal Resolution
APPROVAL(S):

Jessie Catacutan Approved - Sep 07 2023
Laura Snideman, City Manager Approved - Sep 11 2023
Yudiana Galvan, City Clerk Approved - Sep 11 2023
Item #6.2.

RESOLUTION No. 2023-XXX

A RESOLUTION OF THE CITY OF CALISTOGA IDENTIFYING THE TERMS

AND CONDITIONS FOR FIRE DEPARTMENT RESPONSE AWAY FROM

THEIR OFFICIAL DUTY STATION AND ASSIGNED TO AN EMERGENCY INCIDENT.

WHEREAS, the Calistoga Fire Department is a public agency located in the City of Calistoga, County of Napa, State of California, and
WHEREAS, it is the CITY’S desire to provide fair and legal payment to all its employees for time worked; and
WHEREAS, the CITY has in its employ, Fire Department response personnel include: Fire Chief, Fire Captain, Engineer, Apparatus Operator, Firefighter/EMT, Firefighter; and
WHEREAS, the CITY will compensate its employees portal to portal while in the course of their employment and away from their official duty station and assigned to an emergency incident, in support of an emergency incident, or pre-positioned for emergency response; and
WHEREAS, the CITY will compensate its employees overtime while in the course of their employment and away from their official duty station and assigned to an emergency incident, in support of an emergency incident, or pre-positioned for emergency response.

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

1. Personnel shall be compensated according to Memorandum of Understanding (MOU), Personnel Rules and Regulations, and/or other directive that identifies personnel compensation in the workplace.

2. In the event a personnel classification does not have an assigned compensation rate, a “Base Rate” as set forth in an organizational policy, administrative directive or similar document to compensate such personnel.

3. The CITY fire department will maintain a current salary survey or acknowledgement of acceptance of the “base rate” on file with the California Governor’s Office of Emergency Services, Fire Rescue Division.

4. Personnel will be compensated (portal to portal) beginning at the time of dispatch to the return to jurisdiction when equipment and personnel are in service and available for agency response.

Item #6.2.

5. Fire department response personnel include: Fire Chief, Fire Captain, Engineer/Apparatus Operator, Firefighter/EMT, and Firefighter.

PASSED, APPROVED AND ADOPTED THIS TH DAY OF 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 #6.2.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Laura Snideman, City Manager
Meeting: City Council - Sep 19 2023
Subject: Personnel and Staffing Listing and Salary Schedule Amendments DESCRIPTION:

Consider adopting a Resolution to amend the Personnel and Staffing Listing and the Salary Schedule - Public Safety Communications Manager & Maintenance Technician I RECOMMENDATION:

Adopt Resolution amending the Personnel and Staffing Listing and Salary Schedule BACKGROUND/SUMMARY:

Police Department
Based on the recommendation of the 2018 Matrix Study to maximize existing resources and improve operational efficiency and effectiveness and based on more appropriately defining the current and proposed duties of the Dispatch Supervisor position, a new Public Safety Communications Manager position was approved by the city council on June 20, 2023. We need to formally amend our Personnel and Staffing Listing to reflect this change as well as include the salary range in your adopted Salary Schedule. The proposed salary was to be approximately 20% above that of the current Dispatch Supervisor to appropriately compensate for the position and prevent compaction issues with the Dispatch Supervisor classification (Annual salary of $82,196.64 to $95,158.32). The added Public Safety Communications Manager classification is an exempt position that is salaried and not eligible to earn overtime or compensation time. Staff is recommending a salary range of $93,974 - $114,227.20 for the Public Safety Communications Manger position.

Public Works Department
In July 2022, the position of Senior Maintenance Technician became vacant due to retirement. This vacancy was filled with an internal promotion of a Maintenance Technician II. The Maintenance Technician II vacancy was never filled, nor was the position/s included in the Fiscal Year 2023/24 budget. Staff is requesting that this position be re-instated into the annual budget as a Maintenance Technician I position, with the existing annual salary range of $58,982.64-$71,689.92.

ANALYSIS:

Police Department
The City contracted with Municipal Resource Group (MRG) to assist in proposing a salary range for the Public Safety Communications Manager position. MRG suggested an annual salary range of $93,975.00 to $114,227.20 which is within the estimated salary range when the position was originally considered by the city council in June 2023.

Public Works
Item #6.3.

Re-instatement of this additional Maintenance Technician position will bring the department back to its previous staffing levels; will allow the department to hire an employee for this position; and will allow the department to continue providing responsive services to the community. The Maintenance Technician I is an entry level position performing a variety of work in the construction, modification, maintenance, and repair of City infrastructure, including buildings, parks, streets, water distribution and/or stormwater and drainage systems and facilities.

CEQA STATUS:

Not Applicable
FINANCIAL IMPACT:

Police Department
The Dispatch Supervisor position is to be vacated once the new Public Safety Communications Manager position is filled. The additional cost to fund the Public Safety Communications Manager position will be approximately $19,069.00. The additional funding of $19,069.00 is to be allocated from the General Fund Reserve 01-4700-4799 to Police Dispatch Division Fund 01-4129-4301.

Public Works Department
Staff is requesting a budget adjustment to add the Maintenance I position back into the Public Works staffing budget with an annual range of $58,982.64-$68,280.96. The position will assist the parks and buildings division and will be 90% funded by the general fund with the remining 10% from the water and wastewater enterprise fund.

The breakdown of the salary is as follows: Five percent (5%) of the salary will be expended from each Streets (Acct #01-4122-4301), Pool Facility Maintenance (Acct #01-4126-4301), Water Distribution (Acct # 02-4131-4301) and Sewer Collection (Acct # 03-4141-4301); 35% from Park Maintenance (Acct #01-4123-4301) and 45% from Building Maintenance (Acct #01-4127-4301).

ATTACHMENT(S):
02_Personnel and Staffing Listing and Salary Schedule Amendments Attch 1 Draft Resolution_kes APPROVAL(S):

Jessie Catacutan Approved - Sep 07 2023
Laura Snideman, City Manager Approved - Sep 11 2023
Yudiana Galvan, City Clerk Approved - Sep 11 2023
Item #6.3.

RESOLUTION NO. 2023-_____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA,

COUNTY OF NAPA, STATE OF CALIFORNIA,

APPROVING AN AMENDMENT TO THE

PERSONNEL AND STAFFING LISTING AND SALARY SCHEDULE
WHEREAS, on July 20, 2023, the City Council approved the position of Public Safety Communications Manager with a proposed salary range approximately twenty percent (20%) above the Dispatch Supervisor position, and WHEREAS, the Public Safety Communications Manager classification is an exempt position that is salaried and not eligible to earn overtime or compensation time, and
WHEREAS, staff is recommending that the annual salary range for the Public Safety Communications Manger position be $93,974 - $114,227.2, and WHEREAS, in July 2022 the position of Senior Maintenance Technician became vacant due to retirement and the position was filled with an internal promotion of a Maintenance Technician II, and
WHEREAS, the Maintenance Technician II position was never filled, nor was the position included in the Fiscal Year 2023/24 budget, and WHEREAS, staff is recommending that the position be reinstated back into the annual budget as a Maintenance Technician I position, with an annual salary range of $58,928.64 - $71,689.92.

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

Amendment to the Personnel and Staffing Listing
Allocation
Department Classification
Effective
Date Current Proposed Change
Police Public Safety
Communications Manager 09/17/23 0 1 1
Public
Works Maintenance Technician I 09/17/23 2 3 1
Item #6.3.

Resolution No. 2023-XXX

Amendment to the Salary Schedule, effective September 19, 2023 Classification Step 1 Step 2 Step 3 Step 4 Step 5 FLSA
Maintenance
Technician I
Monthly
Hourly
$4,915.22
$28.3570
$5,161.14
$29.7758
$5,418.72
$31.2618
$5,690.08
$32.8274
$5,974.16
$34.4663
NonExempt
Public Safety
Communications
Manger
Monthly
Hourly
$7,831.17
$45.1798
$9,518.93
$54.9169
Exempt
The Maintenance Technician I is represented by the CEPA. The Public Safety Communications Manger is a mid-management classification.

PASSED, APPROVED, AND ADOPTED this 19th day of September 2023. I,

YUDIANA GALVAN, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:
____________________________ __________________________ Yudiana Galvan, City Clerk Donald Williams, Mayor
Item #6.3.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Yudiana Galvan, City Clerk
Meeting: City Council - Sep 19 2023
Subject: Approving Minutes of May 16, 2023 - September 1, 2023.

DESCRIPTION:

Consider Adopting Minutes.

RECOMMENDATION:

Approve the Minutes as Submitted
BACKGROUND/SUMMARY:

Adopt the Minutes of the Following Meetings:
• 5/9/23 - Special Budget Meeting
• 5/16/23 - Regular City Council Meeting
• 6/6/23 - Regular City Council Meeting
• 6/20/23 - Regular City Council Meeting
• 6/20/23 - Special City Council Meeting
• 7/18/23 - Regular City Council Meeting
• 7/18/23 - Special City Council Meeting
• 7/25/23 - Special City Council Meeting
• 8/1/23 - Regular City Council Meeting
• 8/1/23 - Special City Council Meeting
• 8/15/23 - Regular City Council Meeting
• 8/17/23 - Special City Council Meeting
• 9/1/23 - Special City Council Meeting
CEQA STATUS:

No Impact
FINANCIAL IMPACT:

None
ATTACHMENT(S):

5.9.23 SM BUDGET MINUTES

5.16.23 MINUTES

6.20.23 MINUTES
Item #6.4.

6.20.23 SM MINUTES

6.6.23 MINUTES

7.25.23 SM MINUTES

7.18.23 SM MINUTES

7.18.23 MINUTES

8.1.23 MINUTES

8.1.23 SM MINUTES

8.15.23 MINUTES

8.17.23 SM MINUTES

9.1.23 SM MINUTES
APPROVAL(S):

Jessie Catacutan Approved - Sep 11 2023
Laura Snideman, City Manager Approved - Sep 12 2023
Yudiana Galvan, City Clerk Approved - Sep 12 2023
Item #6.4.

MINUTES

CALISTOGA CITY COUNCIL

SPECIAL WORKSHOP
Tuesday, May 9, 2023 - 4:00 PM
In-Person

1. CALL TO ORDER – ROLL CALL
Mayor Williams called the regular session to order at 4:02 p.m.

Present: Mayor Williams, Vice Mayor Lopez-Ortega, Councilmembers Lisa Gift, Scott Cooper, and Kevin Eisenberg.

Absent: None

2. ORAL COMMUNICATION
Oral communication was not received.

3. ADOPTION OF MEETING AGENDA
Motion by councilmember Kevin Eisenburg and seconded by Councilmember Scott Cooper to adopt the Agenda as presented.

AYES: Mayor Williams, Vice Mayor Lopez-Ortega, Councilmembers Eisenberg, Cooper and Gift.

NOES: None
ABSTAIN: None
ABSENT: None

4. GENERAL GOVERNMENT

4.1 City Council Fiscal Year 2023-24 Budget Workshop
Finance Director Sharma presented a PowerPoint stopping periodically for comments and questions.

Police Lieutenant Charles discussed the need for another Police Officer position to reduce overtime. Council Discussed.

Fire Chief Steve Campbell discussed the need for a new apparatus. Fire Chief Campbell would like to include it in next year’s budget.

Public Works Director Rayner and Senior Engineer Heidary discussed pending and future projects. Mayor Williams and Councilmember Eisenberg would like to set as a priority any projects that have already been assigned grant money.

Item #6.4.

City Council - Special Workshop Minutes
May 9, 2023
APPROVED:

The Council discussed the possibility of delaying some non- essential projects until the fairground’s property purchase has been resolved.

The Council discussed the need vs. the cost of maintaining the parklets and possibly giving business owners the opportunity to keep them and take over the maintenance.

5. ADJOURNMENT
Mayor Williams adjourned the meeting at 6:19 p.m.

Respectfully Submitted
Prepared by: Approved by:
_________________________ __________________________
Yudiana Galvan, City Clerk Donald Williams, Mayor
Item #6.4.

MINUTES

CALISTOGA CITY COUNCIL

REGULAR MEETING
Tuesday, May 16, 2023 - 6:00 PM
Hybrid

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

ACTIVITY
Mayor Williams called the regular session to order at 6:01 p.m.

Present: Mayor Williams, Vice Mayor Lopez-Ortega, Councilmember Gift, Cooper and Eisenberg

Absent:

2. REPORT FROM CLOSED SESSIONS - NONE

3. ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS Oral communication was received from Dennis McNay in regard to the parklets and the fairgrounds.

4. ADOPTION OF THE MEETING AGENDA
Motion by Councilmember Gift and seconded by Councilmember Eisenberg to adopt the meeting agenda as presented.

AYES: Mayor Donald Williams, Vice Mayor Irais LopezOrtega, Councilmember Lisa Gift, Councilmember Scott Cooper, and Councilmember Kevin Eisenberg
NOES: None
ABSTAIN: None
ABSENT: None

5. CITY MANAGER’S REPORT
City Manager Snideman announced that Yudiana Galvan would be serving as Interim City Clerk and that SHPD Dispatchers have successfully moved into CPD dispatch.

6. PROCLAMATIONS/PRESENTATIONS/ AWARDS

6.1. Public Works Director Rayner, Senior Civil Engineer Heidary, and Chief Water PO Rosenthal presented a Public Works Department update.

Item #6.4.

City Council Minutes
May 16, 2023

7. CONSENT CALENDAR
Motion by Councilmember Eisenberg, seconded by Vice Mayor Lopez-Ortega to adopt the consent calendar as presented.

AYES: Mayor Donald Williams, Vice Mayor Irais LopezOrtega, Councilmember Lisa Gift, Councilmember Scott Cooper, and Councilmember Kevin Eisenberg
NOES: None
ABSTAIN: None
ABSENT: None

7.1. Adoption of Resolution No. 2023-32 approving Amendment No. 14, to Professional Services Agreement No. 288 with Larry Walker Associates for Services Related to the City’s Wastewater and Water Treatment Plant Operating Permits.

7.2. Adoption of Resolution No. 2023-33 adopting of Senate Bill 1 (SB1) Street Improvement Project List for Fiscal Year 2023/24 to maintain compliance with the program.

7.3. Adoption of Resolution No. 2023-034 approving the Updated Sewer System Management Plan for the City of Calistoga.

7.4. Approving Resolution No. 2023-35 Outlining the Calistoga Active Transportation Advisory Committee work plan, roles, duties and responsibilities for FY23/24.

8. GENERAL GOVERNMENT

8.1. Public Works Director Reyner presented the item requesting to submit a funding application to Upper Valley Waste Management Agency (UVA) for the project(s) for City projects.

There was public comment by Millie Pease in support of the item.

Motion by Mayor Donald Williams and seconded by Councilmember Lisa Gift directing Staff to submit a funding application to UVA.

AYES: Mayor Donald Williams, Vice Mayor Irais LopezOrtega, Councilmember Lisa Gift, Councilmember Scott Cooper, and Councilmember Kevin Eisenberg
NOES: None
ABSTAIN: None
ABSENT: None
Item #6.4.

City Council Minutes
May 16, 2023

8.2. Planning Director Mitchum opened a discussion about permitting mobile food vendors (trucks/carts) in the public right-of-way and/or private property The Council discussed and gave Director Mitchum approval to move forward working on the ordinance.

9. COUNCIL REQUESTS AND IDEAS FOR DISCUSSION
Councilmember Gift spoke about possibly exploring what other services can be shared with other agencies, like SHPD Dispatch for example. Vice Mayor Lopez-Ortega attended an emergency preparedness fair in Napa. Mayor Williams attended a League of Cities meeting and reported that the Fairground Board of Supervisors agreed to appoint a subcommittee to engage the Council on revitalizing the discussion about the fairground purchase.

11. ADJOURNMENT
Mayor Williams adjourned the meeting, at 8:03 p.m.

Respectfully Submitted
Prepared by: Approved by:

Yudiana Galvan, City Clerk Donald Williams, Mayor

APPROVED:

Item #6.4.

MINUTES

CALISTOGA CITY COUNCIL

REGULAR MEETING
Tuesday, June 20, 2023 - 6:00 PM
Calistoga Community Center

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

ACTIVITY
Mayor Donald Williams called the regular session to order at 6:00 p.m.

Present: Mayor Williams, Vice-Mayor Lopez-Ortega (present at 6:19 p.m.), Councilmember Cooper, Councilmember Eisenberg

Absent: Councilmember Gift

2. REPORT FROM CLOSED SESSIONS
Mayor Williams said there was a closed session held with Energy Vault for property leasing this afternoon, there is no reportable action.

3. ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS

3.1. Casey White gave the Council an update in regard to the NVTS Trail.

4. ADOPTION OF MEETING AGENDA
Motion by Mayor Williams and Seconded by Councilmember Eisenberg adopting the agenda with the exception of item #'s 8.2 and 8.5 which have been postponed to a future meeting.

AYES: Mayor Donald Williams, Vice Mayor Irais LopezOrtega, Councilmember Lisa Gift, Councilmember Scott Cooper, and Councilmember Kevin Eisenberg
NOES: None
ABSTAIN: None
ABSENT: None

5. CITY MANAGER’S REPORT
City Manager Snideman announced that Jed Matcham has been selected as the new Fire Chief. Chief Matchum spoke about his experience and thanked the Council.

6. PROCLAMATIONS/PRESENTATIONS/ AWARDS

6.1. Public Works Director Rayner presented a proclamation in recognition of the retirement of Utility Systems Superintendent Ben Zachariah.

6.2. Mayor Williams presented a proclamation in recognition of the retirement of Fire Chief Campbell.

Item #6.4.

City Council Minutes
June 20, 2023

7. CONSENT CALENDAR
Motion by Councilmember Cooper, seconded by Councilmember Eisenberg to adopt the consent calendar as presented.

Ayes: Mayor Williams, Vice Mayor Lopez-Ortega, Councilmembers Eisenberg, Cooper
and Gift.

Noes: None
Abstain: None

Absent: None

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

APPROVED

7.2. Adoption of Resolution No. 2023-059 Awarding the Business Economic Diversification Grant to Vine Ecology.

7.3. Adoption of Resolution No. 2023-041 authorizing the contract with O' Connor & Company, CPA's to complete the Fiscal Year end June 30, 2022 audit.

8. PUBLIC HEARING

8.1. Adoption of Resolution No. 2023-043 Determination of Public Convenience and Necessity (PCN) for a motorcycle sidecar tour service business in the City of Calistoga
Mayor Williams opened and closed the hearing with no public comment.

Motion by Councilmember Kevin Eisenberg and seconded by Vice Mayor Irais LopezOrtega to adopt the resolution.

AYES: Mayor Donald Williams, Vice Mayor Irais LopezOrtega, Councilmember Lisa Gift, Councilmember Scott Cooper, and Councilmember Kevin Eisenberg
NOES: None
ABSTAIN: None
ABSENT: None

8.2. This item has been continued to a future regular city council meeting. "Safe Firearm Storage" ordinance, adding section 8.06.040 to the Calistoga Municipal Code Chapter 8.06, Health & Safety: Firearms
Item #6.4.

City Council Minutes
June 20, 2023

8.3. Adoption of Resolution 2023-52 amending the book of fees for various regulatory activities, products, and services.

This is a continued public hearing. Mayor Williams opened and closed the public hearing with public comment from Millie Pease and Donna Higgins requesting the council consider a separate fee schedule for citizens within the city limits and the facility rental fees be waived for City Council appointed committees.

Motion by Vice Mayor Irais Lopez-Ortega and seconded by Councilmember Kevin Eisenberg to adopt the resolution amending the book of fees with the following changes: omitting the Building Fee Schedule to be adopted separately after some clarifying changes, and lowering the Appeal Fee to $400 for City residents only.

AYES: Mayor Donald Williams, Vice Mayor Irais LopezOrtega, Councilmember Lisa Gift, Councilmember Scott Cooper, and Councilmember Kevin Eisenberg
NOES: None
ABSTAIN: None
ABSENT: None

8.4. This item has been continued to a future regular city council meeting. 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).

8.5. Adoption of Resolution No. 2023-042 adopting the City's Operating and Capital Improvement 2023-24 Budget and Annual Appropriations Limit Motion by Vice Mayor Irais Lopez-Ortega and seconded by Councilmember Kevin Eisenberg to adopt the resolution.

AYES: Mayor Donald Williams, Vice Mayor Irais LopezOrtega, Councilmember Lisa Gift, Councilmember Scott Cooper, and Councilmember Kevin Eisenberg
NOES: None
ABSTAIN: None
ABSENT: None

9. GENERAL GOVERNMENT

9.1. Adoption of resolution 2023-055 awarding Fiscal Year 2023-24 Community Item #6.4.

City Council Minutes
June 20, 2023
APPROVED:

Enrichment Grants.

Motion by Councilmember Kevin Eisenberg and seconded by Councilmember Scott Cooper to adopt the resolution.

AYES: Mayor Donald Williams, Vice Mayor Irais LopezOrtega, Councilmember Lisa Gift, Councilmember Scott Cooper, and Councilmember Kevin Eisenberg
NOES: None
ABSTAIN: None
ABSENT: None

10. COUNCIL REPORTS
Councilmember Cooper reported that the fairgrounds effort continues to move forward.

Vice Mayor Lopez-Ortega suggested Council consider adopting a yearly proclamation calendar.

Mayor Williams attended a fire mitigation and grants meeting in Napa.

11. ADJOURNMENT
Mayor Williams adjourned the meeting, at 7:25 p.m.

Respectfully Submitted
Prepared by: Approved by:
_________________________ __________________________
Yudiana Galvan, City Clerk Donald Williams, Mayor

Item #6.4.

APPROVED:

MINUTES

CALISTOGA CITY COUNCIL

SPECIAL CLOSED SESSION
Tuesday, June 20, 2023 - 4:00 PM
Virtual
A. CALL TO ORDER – ROLL CALL
Present Remotely: Councilmembers Eisenberg and Cooper and Mayor Williams.

ViceMayor Lopez-Ortega was present for the closed session.

Absent: Council Member Gift
Also present remotely was City Manager Snideman and City Attorney Michelle Kenyon.

B. ORAL COMMUNICATION
Oral communication was received from Antoinette Mailliard in support of this project.

C. ADJOURN TO CLOSED SESSION ON THE FOLLOWING MATTER:

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property:

APNs 011-260-03, 011-260-02, 020-150-033, and 020-150-008 City Negotiators: City Manager Laura Snideman; Katie Lichtig, Technical/Professional Executive Negotiating Parties: City of Calistoga; Energy Vault, Inc.

Under Negotiation: Price and Terms of Lease
D. ADJOURNMENT
Mayor Williams Adjourned the Meeting.

Respectfully Submitted
Prepared by: Approved by:
_________________________ __________________________
Yudiana Galvan, City Clerk Donald Williams, Mayor
Item #6.4.

MINUTES

CALISTOGA CITY COUNCIL

REGULAR MEETING
Tuesday, June 6, 2023 - 6:00 PM
Hybrid

1. CALL TO ORDER – ROLL CALL - PLEDGE OF ALLEGIANCE AND OPTIONAL

PATRIOTIC ACTIVITY
Mayor Donald Williams called the regular session to order at 6:00 p.m.

Present: Mayor Williams, Vice-Mayor Lopez-Ortega, Councilmember Cooper, Councilmember Eisenberg and Councilmember Gift
(present at 6:04p.m.)

Absent:

2. REPORT FROM CLOSED SESSIONS - NONE

3. ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS Oral communication was received from Mr. Ross against the fairgrounds purchase, Kerri Abreu spoke about the quality of City water and the profitability of the Fairgrounds. Dennis McNay and Dan Herndon comments about the parklets and the Mobile Food Vending Ordinance. Millie Pease spoke about compost regulation, Vernon Pride spoke about obtaining a business license for side car tours, and Maggie Maib spoke about the upcoming Fourth of July Parade.

4. ADOPTION OF MEETING AGENDA
Motion by Councilmember Scott Cooper and seconded by Councilmember Kevin Eisenberg adopting the agenda as presented.

AYES: Mayor Donald Williams, Vice Mayor Irais LopezOrtega, Councilmember Lisa Gift, Councilmember Scott Cooper, and Councilmember Kevin Eisenberg
NOES: None
ABSTAIN: None
ABSENT: None

5. CITY MANAGER’S REPORT
City Manager Snideman introduces Jennifer Minniti, who was selected to be the new City Manager's Executive Assistant.

Item #6.4.

City Council Minutes
June 6, 2023

6. PROCLAMATIONS/PRESENTATIONS/ AWARDS

6.1. Director Derek Rayner presented the Capital Improvement Program Schedule Tracking for FY 22/23.

7. CONSENT CALENDAR
Vice-Mayor Lopez-Ortega pulled item # 7.6 and read the proclamation.

Motion by Vice Mayor Lopez-Ortega, seconded by Councilmember Eisenberg to adopt the consent calendar as presented.

AYES: Mayor Donald Williams, Vice Mayor Irais LopezOrtega, Councilmember Lisa Gift, Councilmember Scott Cooper, and Councilmember Kevin Eisenberg
NOES: None
ABSTAIN: None
ABSENT: None

7.1. Adoption of Resolution No. 2023-036 declaring certain property surplus and authorizing the disposal of said property.

7.2. Adoption of Resolution No. 2023-37 Conditionally awarding Eakle Construction the Emergency Flow Equalization Basin Liner Repair Project.

7.3. Adoption of Resolution No. 2023-38 accepting the Engineer’s Report for the Palisades Subdivision Landscape Maintenance Assessment District.

Mayor Williams and Councilmember Eisenberg recused themselves due to a property proximity conflict.

7.4. Adoption of Resolution No. 2023-39 accepting the Engineer’s Report for the Silverado Place Subdivision Landscape Maintenance Assessment District.

Mayor Williams and Councilmember Eisenberg recused themselves due to a property proximity conflict.

7.5. Adoption of Resolution No. 2023-40 Conditionally awarding Kerex Engineering, Inc. the contract for the Cedar Street Utility Replacement and Pavement Rehabilitation Project, relieving Argonaut Constructors of its bid because of an arithmetic mistake made in the bid.

Item #6.4.

City Council Minutes
June 6, 2023

7.6. Adoption of a proclamation including display of the Rainbow Flag for LGBTQ+ Pride Month.

Motion by Councilmember Lisa Gift and seconded by Councilmember Kevin Eisenberg adopting the proclamation including display of the Rainbow Flag for LGBTQ+ Pride Month.

AYES: Mayor Donald Williams, Vice Mayor Irais LopezOrtega, Councilmember Lisa Gift, Councilmember Scott Cooper, and Councilmember Kevin Eisenberg
NOES: None
ABSTAIN: None
ABSENT: None

8. PUBLIC HEARING

8.1. Finance Director Sharma presented a resolution amending the book of fees for various regulatory activities, products, and services.

Mayor Williams opened the hearing, public comment was received from Millie Pease requesting that Council appointed committees be exempt from the facility rental fees.

The public hearing was continued to the next regular City Council Meeting.

Motion by Councilmember Lisa Gift and seconded by Vice Mayor Irais Lopez-Ortega to leave the public hearing open and continue at the next regularly scheduled Council Meeting.

AYES: Mayor Donald Williams, Vice Mayor Irais LopezOrtega, Councilmember Lisa Gift, Councilmember Scott Cooper, and Councilmember Kevin Eisenberg
NOES: None
ABSTAIN: None
ABSENT: None

9. GENERAL GOVERNMENT

9.1. Planning Director Mitchum presented requests for Housing Loan and Interest Payments Forgiveness.

There was public comment from Charlotte Williams. The Council discussed and decided to deny the loan forgiveness requests.

Item #6.4.

City Council Minutes
June 6, 2023
APPROVED:

Motion by Mayor Donald Williams and seconded by Councilmember Lisa Gift to deny the loan forgiveness request.

AYES: Mayor Donald Williams, Vice Mayor Irais LopezOrtega, Councilmember Lisa Gift, Councilmember Scott Cooper, and Councilmember Kevin Eisenberg
NOES: None
ABSTAIN: None
ABSENT: None

10. COUNCIL REPORTS
Councilmember Eisenberg gave a Climate Action Committee meeting report, Vice-Mayor Lopez-Ortega attended a water distribution seminar. Also, she and Councilmember Gift spoke about bringing back proclamations by the Council, specifically adding an LGBTQ proclamation to the next council meeting. The council discussed and gave City Manager Snideman direction to add the proclamation. Mayor Williams spoke about the NVTA meeting.

11. ADJOURNMENT
Mayor Williams adjourned the meeting, at 7:55 p.m.

Respectfully Submitted
Prepared by: Approved by:
_________________________ __________________________
Yudiana Galvan, City Clerk Donald Williams, Mayor

Item #6.4.

APPROVED:

MINUTES

CALISTOGA CITY COUNCIL

SPECIAL CLOSED SESSION
Tuesday, July 25, 2023 - 2:00 PM
Virtual
A. CALL TO ORDER – ROLL CALL
Present Remotely: Mayor Williams, Vice Mayor Lopez-Ortega, Councilmembers Eisenberg, Cooper and Gift.

Absent: Council Member Gift
B. ORAL COMMUNICATION
There was no oral communication
C. ADJOURN TO CLOSED SESSION ON THE FOLLOWING MATTER:

1. Conference with Legal Counsel – Anticipated Litigation Significant Exposure to Litigation Pursuant to Government Code Sec. 54956.9(d)(2) One Potential Case D. ADJOURNMENT
Mayor Williams adjourned the meeting.

Respectfully Submitted
Prepared by: Approved by:
_________________________ __________________________
Yudiana Galvan, City Clerk Donald Williams
Item #6.4.

APPROVED:

MINUTES

CALISTOGA CITY COUNCIL

SPECIAL CLOSED SESSION
Tuesday, July 18, 2023 - 4:00 AM
Virtual
A. CALL TO ORDER – ROLL CALL
Present Remotely: Councilmembers Eisenberg and Cooper and Mayor Williams.

Vice Mayor Lopez-Ortega was present for the closed session.

Absent: Council Member Gift
Also Present Remotely: City Manager Snideman and City Attorney Michelle Kenyon.

B. ORAL COMMUNICATION
There was no oral communication
C. ADJOURN TO CLOSED SESSION ON THE FOLLOWING MATTER:

1. CONFERENCE WITH LABOR NEGOTIATOR Agency Negotiator: Laura Snideman (City Manager) Employee Organization: Calistoga Professional Firefighters' Association (CPFA)
D. ADJOURNMENT
Mayor Williams adjourned the meeting.

Respectfully Submitted
Prepared by: Approved by:
_________________________ __________________________
Yudiana Galvan, City Clerk Donald Williams, Mayor
Item #6.4.

MINUTES

CALISTOGA CITY COUNCIL

REGULAR MEETING
Tuesday, July 18, 2023 - 6:00 PM
Calistoga Community Center

1. Call to Order/Roll Call/Pledge of Allegiance and Optional Patriotic Activity Mayor Williams called the regular session to order at 6:01 p.m.

Present: Councilmembers Eisenberg (remotely at 6:05 p.m.), Cooper and Gift, Vice Mayor Lopez-Ortega and Mayor Williams.

Absent: None

2. REPORT FROM CLOSED SESSIONS
There was no reportable action from the closed session

3. ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS Oral communication was received from For the complete oral communication and public comment content, view the video of the meeting available on the City’s YouTube channel at https://www.youtube.com/user/CityofCalistoga.

3.1. Pam Deem -spoke about a new air conditioning unit at the Community Center, Joseph - spreading awareness about new pest possibly attacking Valley and Blue Oaks, Gregory from Maria Concetta Wines - asking the Planning Department to reconsider the ban on portable sidewalk signage.

4. ADOPTION OF MEETING AGENDA
Motion by Councilmember Lisa Gift and seconded by Councilmember Scott Cooper to adopt the meeting agenda as presented.

AYES: Mayor Donald Williams, Vice Mayor Irais LopezOrtega, Councilmember Lisa Gift, Councilmember Scott Cooper, and Councilmember Kevin Eisenberg
NOES: None
ABSTAIN: None
ABSENT: None

5. CITY MANAGER’S REPORT
No report by City Manager Snideman other than confirming that Councilmember Eisenberg successfully joined the meeting remotely after some initial technical difficulty.

6. PROCLAMATIONS/PRESENTATIONS/ AWARDS

6.1. NVTA Program Manager Grant Bailey presented an update to the Council on the Vine Item #6.4.

City Council Minutes
July 18, 2023
Trail Project by the Napa Valley Transportation Authority (NVTA).

7. CONSENT CALENDAR
Motion by Councilmember Cooper, seconded by Vice Mayor Lopez-Ortega to adopt the consent calendar as presented.

AYES: Mayor Donald Williams, Vice Mayor Irais LopezOrtega, Councilmember Lisa Gift, Councilmember Scott Cooper, and Councilmember Kevin Eisenberg
NOES: None
ABSTAIN: None
ABSENT: None

7.1. Adoption of Resolution No. 2023-44 authorizing the City Manager to execute Amendment No. 1 to Authorizing Agreement No. 873 with First Carbon Solutions to prepare an Environmental Impact Report as part of the CEQA analysis.

7.2. Adoption or Resolution No. 2023-44 Accepting a Donation from Pam Kinzie for a Memorial Bench and Approving a Budget Adjustment in the Amount of $4,457.

7.3. Adoption of Resolution No. 2023-46 Accepting a Notice of Completion for the Rancho De Calistoga Sewer Line Bank Stabilization Project.

7.4. Consider a contract with Marin IT to provide on-site and remote information technology services - APPROVED

7.5. Adoption of Resolution No. 2023-47 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.

7.6. Adoption of Resolution No. 2023-48 Conditionally awarding 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.

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. – APPROVED

8. PUBLIC HEARING
Item #6.4.

City Council Minutes
July 18, 2023

8.1. Adoption of Resolution No. 2023-49 authorizing the levying and collection of assessments for the Palisades Landscape Maintenance District for Fiscal Year 2023-

24. Director Rayner presented Item #'s 8.1 and 8.2 together.

Councilmember Eisenberg recused himself due to property proximity conflict.

Public Works director Derek Rayner presented the item to Council.

Mayor Williams opened and closed the hearing with public comment from Dan Herndon - not in support of the item.

Motion by Councilmember Lisa Gift and seconded by Vice Mayor Irais Lopez-Ortega to adopt the resolution.

VIA ROLL CALL VOTE
AYES: Mayor Donald Williams, Vice Mayor Irais LopezOrtega, Councilmember Lisa Gift, and Councilmember Scott Cooper
NOES: None
ABSTAIN: Councilmember Kevin Eisenberg
ABSENT: None

8.2. Adoption of Resolution No. 2023-50 authorizing the levying and collection of assessments for the Silverado Place Landscape Maintenance District for Fiscal Year 2023-24. Director Rayner presented Item #'s 8.1 and 8.2 together Councilmember Eisenberg recused himself due to property proximity conflict.

Public Works Director Rayner presented the item to Council. Mayor Williams opened and closed the hearing with public comment form Dan Herndon - not in support of the item.

Motion by Councilmember Lisa Gift and seconded by Vice Mayor Irais Lopez-Ortega to adopt the resolution.

VIA ROLL CALL VOTE
AYES: Mayor Donald Williams, Vice Mayor Irais LopezOrtega, Councilmember Lisa Gift, and Councilmember Scott Cooper
NOES: None
ABSTAIN: Councilmember Kevin Eisenberg
ABSENT: None

8.3. Adopting Ordinance No. 760 2nd reading of "Safe Firearm Storage" ordinance, Item #6.4.

City Council Minutes
July 18, 2023
adding section 8.06.040 to the Calistoga Municipal Code Chapter 8.06, Health & Safety: Firearms
Police Chief Celaya nd Lt. Charles presented the item to Council. Mayor Williams opened and closed the hearing with public comment from Dan Herndon - not in support of the item.

Motion by Councilmember Lisa Gift and seconded by Councilmember Kevin Eisenberg adopting a Resolution introducing a Safe Firearm Ordinance.

VIA ROLL CALL VOTE
AYES: Mayor Donald Williams, Vice Mayor Irais LopezOrtega, Councilmember Lisa Gift, and Councilmember Kevin Eisenberg
NOES: None
ABSTAIN: Councilmember Scott Cooper
ABSENT: None

8.4. Adopting Resolution No. 2023-051 amending the Book of Fees for Building Service Fees.

The item was presented by Planning Director Mitchum. Mayor Williams opened and closed the hearing, there was no public comment.

Motion by Vice Mayor Irais Lopez-Ortega and seconded by Councilmember Scott Cooper to adopt the resolution.

VIA ROLL CALL VOTE
AYES: Mayor Donald Williams, Vice Mayor Irais LopezOrtega, Councilmember Lisa Gift, Councilmember Scott Cooper, and Councilmember Kevin Eisenberg
NOES: None
ABSTAIN: None
ABSENT: None

8.5. Considering 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).

The item was presented by Planning Director Mitchum, Attorney Murphy and Mr.

Kohn from M Group. Council discussion ensued, there was no public comment.

Item #6.4.

City Council Minutes
July 18, 2023
Staff was directed to ensure consistency throughout the document including the application of 160% of AMI.

Mayor Williams made a motion to continue the item until the next regular meeting, giving the council more time to review the item attachments, there was no second.

Motion carried to leave the hearing open and continue the item until the next regular council meeting on August 1, 2023.

AYES: Mayor Donald Williams, Councilmember Lisa Gift,
Councilmember Scott Cooper, and Councilmember
Kevin Eisenberg
NOES: Vice Mayor Lopez-Ortega
ABSTAIN: None
ABSENT: None

9. GENERAL GOVERNMENT - NONE

10. COUNCIL REPORTS
Vice Mayor Lopez-Ortega request a Food Truck Ordinance update, and requested action be taken on a pubic comment received, Mayor Williams agreed and asked her to follow up with Staff to find a solution.

Mayor Williams reported a good turn at the town Fairgrounds meetings with lots of input and ideas from the community.

11. ADJOURNMENT
Mayor Williams adjourned the meeting, at 8:13 p.m.

Respectfully Submitted
Prepared by: Approved by:

Yudiana Galvan, City Clerk Donald Williams, Mayor

APPROVED:

Item #6.4.

MINUTES

CALISTOGA CITY COUNCIL

REGULAR MEETING
Tuesday, August 1, 2023 - 6:00 PM
Community Center

1. Call to Order/Roll Call/Pledge of Allegiance and Optional Patriotic Activity Mayor Williams called the regular session to order at 6:02 p.m.

Present: Mayor Williams, Vice Mayor Lopez-Ortega, Councilmembers Eisenberg, Cooper and Gift.

Absent: None

2. REPORT FROM CLOSED SESSIONS
Mayor Williams said there was a closed session held on July 25th in Anticipation of Litigation and another held today for Real Property Negotiations, there was no reportable action for either of them.

3. ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS Oral communication was received. For oral communication and public comment content, for any item on the agenda, view the video of the meeting available on the City’s YouTube channel at https://www.youtube.com/user/CityofCalistoga.

3.1. Norma Ferriz of UVFC spoke in support of item 7.2, Bruce Keys of Hwy 29 Media spoke in support of Item #7.4 but against including the Press Democrat, Dan Herndon spoke about the increase in DUIs in this County. There were 33 written comments in support of item #8.1

4. ADOPTION OF MEETING AGENDA
Motion by Councilmember Scott Cooper and seconded by Vice Mayor Irais Lopez-Ortega to adopt the meeting agenda as presented.

AYES: Mayor Donald Williams, Vice Mayor Irais LopezOrtega, Councilmember Lisa Gift, Councilmember Scott Cooper, and Councilmember Kevin Eisenberg
NOES: None
ABSTAIN: None
ABSENT: None

5. CITY MANAGER’S REPORT
City Manager Snideman shared that the Parks and Recreation newsletter is out and full of fun summer activity information. She also announced that National Night Out is being held tonight and everyone should go to Pioneer Park after the meeting to join the fun.

6. PROCLAMATIONS/PRESENTATIONS/ AWARDS - NONE
Item #6.4.

City Council Minutes
August 1, 2023

7. CONSENT CALENDAR
Motion by Councilmember Eisenberg, seconded by Vice Mayor Lopez-Ortega to adopt the consent calendar, item # 7.4 was pulled for discussion and approved.

AYES: Mayor Donald Williams, Vice Mayor Irais LopezOrtega, Councilmember Lisa Gift, Councilmember Scott Cooper, and Councilmember Kevin Eisenberg
NOES: None
ABSTAIN: None
ABSENT: None

7.1. Adoption of Resolution No. 2023-054 Authorizing a Consultant Services Agreement with M-Group for On-Call Senior Planning Services.

7.2. Adoption of Resolution No. 2023-053 authorizing the City Manager to execute a one-year professional services agreement with UpValley Family Centers to provide immigration-related services, senior services, and community and health and education services, in an amount not to exceed $100,000 over the course of the fiscal year.

7.3. The Council received the City's Annual Financial Report for the Fiscal Year ending June 30, 2022.

7.4. Adoption of Resolution No. 2023-056 authorizing the City Manager to execute an agreement for consultant services with Calistoga Tribune and The Press Democrat for publication of legal advertisements in an amount not to exceed $15,000 in total for Fiscal Year 2023-24. This item was pulled for discussion, it was agreed that Calistoga Tribune would be the primary and The Press Democrat would be used only in the event Calistoga Tribune is unable.

Motion by Councilmember Kevin Eisenberg and seconded by Mayor Donald Williams AYES: Mayor Donald Williams, Vice Mayor Irais LopezOrtega, Councilmember Lisa Gift, Councilmember Scott Cooper, and Councilmember Kevin Eisenberg
NOES: None
ABSTAIN: None
ABSENT: None
Item #6.4.

City Council Minutes
August 1, 2023

8. PUBLIC HEARING

8.1. Consideration of an ordinance amending the Calistoga Municipal Code to include new regulations governing Mobile Food Vending (Food Trucks) within the City of Calistoga. Planning Director Jeff Mitchum presented.

There was public comment on item # 8.1: Charles Davis, Salvador Cortez, Michael Dunsford, Virginia Cortez, Rigoberto Caldera and Alexis Cortez spoke against the ordinance; Magaly, Christian and Giselle Escobedo commented in support of the ordinance and Dennis McNay spoke about enforcement and health and safety concerns.

Motion by Councilmember Lisa Gift and seconded by Councilmember Scott Cooper Conduct a Public Hearing and introduce the attached Ordinance with the following changes: duration of hours of operation to 8 hours instead of 4 as published and the number of permitted vendors limited to 3 instead of 5 as published.

AYES: Mayor Donald Williams, Vice Mayor Irais LopezOrtega, Councilmember Lisa Gift, Councilmember Scott Cooper, and Councilmember Kevin Eisenberg
NOES: None
ABSTAIN: None
ABSENT: None

8.2. Adoption of Resolution No. 2023-057 and Resolution No. 2023-058:
 2023-058 Adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program.
 2023-057. 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.

Continued from July 18, 2023 Public Hearing.

Motion by Councilmember Lisa Gift and seconded by Councilmember Kevin Eisenberg on adopting the Mitigated Negative Declaration AYES: Mayor Donald Williams, Vice Mayor Irais LopezOrtega, Councilmember Lisa Gift, Councilmember Scott Cooper, and Councilmember Kevin Eisenberg
NOES: None
ABSTAIN: None
ABSENT: None
Item #6.4.

City Council Minutes
August 1, 2023
Motion by Councilmember Kevin Eisenberg and seconded by Councilmember Scott Cooper on adopting the General Plan to update the Housing Element AYES: Mayor Donald Williams, Vice Mayor Irais LopezOrtega, Councilmember Lisa Gift, Councilmember Scott Cooper, and Councilmember Kevin Eisenberg
NOES: None
ABSTAIN: None
ABSENT: None

9. GENERAL GOVERNMENT - NONE

10. COUNCIL REPORTS
Councilmember Gift thanked Staff and the Housing Committee for working so hard on the Housing Element item. Vice Mayor Lopez-Ortega requested a proclamation be made in September in honor of Hispanic Heritage Month and the Mexican Flag be displayed, the Council concurred. Councilmember Eisenberg gave a Climate Action Committee update.

Mayor Williams and Councilmember Cooper continue to hold meetings about acquiring the fairgrounds.

11. ADJOURNMENT
Mayor Williams adjourned the meeting, at 7:28 p.m.

Respectfully Submitted
Prepared by: Approved by:

Yudiana Galvan, City Clerk Donald Williams, Mayor

APPROVED:

Item #6.4.

APPROVED:

MINUTES

CALISTOGA CITY COUNCIL

SPECIAL CLOSED SESSION
Tuesday, August 1, 2023 - 4:00 PM
Virtual
A. CALL TO ORDER – ROLL CALL
Mayor Williams called the special meeting to order at 4:00 p.m.

Present
Remotely:

Mayor Williams, Vice Mayor Lopez Ortega, Councilmembers Cooper and Eisenberg

Absent: Council Member Gift
Also Present Remotely: City Manager Snideman
B. ORAL COMMUNICATION
There was no oral communication.

C. ADJOURN TO CLOSED SESSION ON THE FOLLOWING MATTER:

1. Conference with Real Property Negotiations, GC §54956.8 Property: 1435 North Oak Street, APN 011-140-006, APN 011-140-007, APN 011-140-055, APN 011-481-022
Agency Negotiator: Laura Snideman, City Manager
Negotiating Parties: Acting Napa County CEO, David Morrison Under Negotiation: Price and/or Terms for Payment for Potential Purchase of Property
D. ADJOURNMENT
Mayor Williams adjourned the meeting at 5:20 p.m.

Respectfully Submitted
Prepared by: Approved by:
_________________________ __________________________
Yudiana Galvan, City Clerk Donald Williams, Mayor
Item #6.4.

MINUTES

CALISTOGA CITY COUNCIL

REGULAR MEETING
Tuesday, August 15, 2023 - 6:00 PM
Community Center

1. Call to Order/Roll Call/Pledge of Allegiance and Optional Patriotic Activity Mayor Williams called the regular session to order at 6:00 p.m.

Present: Mayor Williams, Vice Mayor Lopez-Ortega, Councilmembers Eisenberg, Cooper and Gift

Absent: None

2. REPORT FROM CLOSED SESSIONS - NONE

3. ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS Oral communication was received. For oral communication and public comment content, for any item on the agenda, view the video of the meeting available on the City’s YouTube channel at https://www.youtube.com/user/CityofCalistoga.

3.1. Antoinette Maynard commented on re-useable food ware and waste reduction on behalf of the Green Committee. Rob Serini and Nick Gutierrez commented on the Mobile Food Vending Ordinance.

4. CITY MANAGER’S REPORT
City Manager Snideman announced that the City Clerk recruitment has been finalized and Yudiana Galvan has been selected to fill the position. She also advised the Council that the annual mid-year budget assessment is coming up and that in the upcoming meetings they can expect staff updates and reports about current projects. City Manager stated the 99 year old library will be undergoing flooring renovation and business hours will change accordingly.

5. PROCLAMATIONS/PRESENTATIONS/ AWARDS - NONE

6. CONSENT CALENDAR
Motion by Vice Mayor Lopez-Ortega, seconded by Councilmember Gift to adopt the consent calendar.

Ayes: Mayor Williams, Vice Mayor Lopez-Ortega, Councilmembers Eisenberg, Cooper and Gift.

Noes: None
Abstain: None

Absent: None
Per a public comment concern, Planning Director Mitchum clarified for the Council that the Mobile Food Vending Ordinance would not allow food trucks along Hwy 128 or on Mitzi Dr.

6.1. Adoption of Resolution No. 2023-063 Authorizing the City Manager to enter into a consultant services contract with Ralph Andersen & Associates not to exceed $68,500 Item #6.4.

City Council Minutes
August 15, 2023
for the recruitment of Human Resources Manager and the recruitment of Assistant City Manager.

6.2. Adoption of Resolution No. 2023-061 adopting a 5-year list of pre-qualified consultants to provide various professional consulting services and authorizing the City Manager and Public Works Director to enter into Master Service Agreements with pre-qualified consultants on behalf of the city.

6.3. Adoption of Resolution 2023-062 Authorizing the City Manager to Execute Amendment No.1 to the Maintenance Agreement with Caltrans for Maintenance of Pathways on the State Highway System.

6.4. Adoption of Ordinance No. 761 amending the Calistoga Municipal Code (CMC) to include new regulations governing Mobile Food Vending (Food Trucks) within the City of Calistoga (City). This is the second reading.

6.5. Adoption of Resolution No. 2023-065 Confirming the Mayor's Appointment of Lorne Glaim to the Active Transportation Advisory Committee (ATAC) and Cynthia Butler to the Green Committee.

7. PUBLIC HEARING - NONE

8. GENERAL GOVERNMENT

8.1. Proclaiming September National Hispanic Heritage Month and Raising the Mexican Flag
Vice Mayor Lopez-Ortega read the Proclamation. No public comment was received.

Motion by Councilmember Lisa Gift and seconded by Vice Mayor Irais Lopez-Ortega recognizing National Hispanic Heritage Month by adopting the attached proclamation and directing staff to raise the Mexican Flag from September 15 through October 15.

AYES: Mayor Donald Williams, Vice Mayor Irais LopezOrtega, Councilmember Lisa Gift, Councilmember Scott Cooper, and Councilmember Kevin Eisenberg
NOES: None
ABSTAIN: None
ABSENT: None

8.2. Authorizing the City Manager to Execute and Make Minor Modifications to Amendment No. 2 to Funding Agreement No. 842 with the Napa Valley Transportation Authority (NVTA) for additional construction contingency funding for the St Helena to Calistoga Vine Trail Project in an Amount Not to Exceed $133,000.

Item #6.4.

City Council Minutes
August 15, 2023
Motion by Councilmember Kevin Eisenberg and seconded by Councilmember Scott Cooper to amend the Funding Agreement and Approving a Budget Adjustment.

Public Works Director Rayner and Grant Bailie from NVTA presented, Council discussed and there was no public comment.

VIA ROLLCALL
AYES: Mayor Donald Williams, Vice Mayor Irais LopezOrtega, Councilmember Lisa Gift, Councilmember Scott Cooper, and Councilmember Kevin Eisenberg
NOES: None
ABSTAIN: None
ABSENT: None

8.3. Adoption of Resolution No. 2023-064 confirming the appointment of Vice Mayor Lopez-Ortega as voting delegate and Councilmember Eisenberg as alternate voting delegate to vote at the League of California Cities Annual Business Meeting to be held on Friday, September 20, 2023.

Motion by Councilmember Scott Cooper and seconded by Councilmember Lisa Gift appointing Vice Mayor Lopez-Ortega as voting delegate and Councilmember Eisenberg as alternate.

AYES: Mayor Donald Williams, Vice Mayor Irais LopezOrtega, Councilmember Lisa Gift, Councilmember Scott Cooper, and Councilmember Kevin Eisenberg
NOES: None
ABSTAIN: None
ABSENT: None

8.4. Provide direction regarding issuing a Letter of Commitment (Attachment 1) to BRIDGE Housing Corporation (and/or its Limited Partner affiliate) with the intent to extend by future resolution the maturity date of a promissory note (Attachment 2) between the City of Calistoga and Calistoga Brannan Housing Associates (and/or the newly formed Limited Partnership, Hunt Pradera II LP) for up to 57 years from the current maturity date of December 10, 2023, extending the maturity date to December 10, 2093.

Motion by Councilmember Kevin Eisenberg and seconded by Councilmember Scott Cooper proving staff direction to extend the maturity date if the loan to December 10, 2093.

Item #6.4.

City Council Minutes
August 15, 2023

VIA ROLL CALL
AYES: Mayor Donald Williams, Vice Mayor Irais LopezOrtega, Councilmember Lisa Gift, Councilmember Scott Cooper, and Councilmember Kevin Eisenberg
NOES: None
ABSTAIN: None
ABSENT: None

9. COUNCIL REPORTS
Vice Mayor Lopez Ortega shared that she attended a Water Education for Latino Member workshop, it was very informational and she will keep learning about the water system throughout the state.

Councilmember Gift shared that she attended National Night out after the last meeting, it was incredible and she thanked everyone who participated as it was fun and educational.

Mayor Williams and Councilmember Cooper shared that they met with a subcommittee of the Board of the Directors regarding Fairground negations, it was cordial and will be ongoing.

10. ADJOURNMENT
Mayor Williams adjourned the meeting, at 7:16 p.m.

Respectfully Submitted
Prepared by: Approved by:

Yudiana Galvan, City Clerk Donald Williams, Mayor

APPROVED:

Item #6.4.

APPROVED:

MINUTES

CALISTOGA CITY COUNCIL

SPECIAL CLOSED SESSION
Thursday, August 17, 2023 - 1:45 PM
A. CALL TO ORDER – ROLL CALL
Mayor Williams called the special meeting to order at 1:45 PM.

Present Remotely: Mayor Williams, Vice Mayor Lopez-Ortega, Councilmembers Eisenberg, Cooper and Gift.

Absent:

Also Present: City Attorney Michelle Kenyon
B. ORAL COMMUNICATION
There was no oral communication.

C. ADJOURN TO CLOSED SESSION ON THE FOLLOWING MATTER:

1. Public Employee Performance Evaluation, GC §54957, City Manager D. ADJOURNMENT
Mayor Williams closed adjourned the meeting at 2:45p.m.

Respectfully Submitted
Prepared by: Approved by:
_________________________ __________________________
Yudiana Galvan, City Clerk Donald Williams, Mayor
Item #6.4.

APPROVED:

MINUTES

CALISTOGA CITY COUNCIL

SPECIAL CLOSED SESSION
Friday, September 1, 2023 - 10:00 AM
B. ORAL COMMUNICATION
Oral communication was not received.

C. RECESS TO CLOSED SESSION ON THE FOLLOWING MATTER

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code section 54956.8
Property: 809 Washington Street APN 011-234-009-
000 & 1605 Washington Street APN 011-171-006-000
Negotiating Parties: City of Calistoga-City Manager
Snideman; Rigo Guijos (011-234-009-000) & Tony
Pereira (011-171-006-000)
Under negotiation: Price and terms of payment
D. ADJOURNMENT:

The meeting was adjourned at 10:47 a.m.

Respectfully Submitted
Prepared by: Approved by:
_________________________ __________________________
Yudiana Galvan, City Clerk Donald Williams, Mayor
A.. CALL TO ORDER – ROLL CALL
Mayor Williams called the special meeting to order at 10:02 a.m.

Present Remotely: Councilmembers Eisenberg and Cooper and Mayor Williams. Vice Mayor Lopez-Ortega was present for the closed session.

Absent: Council Member Gift
Also Present Remotely: City Manager Snideman and City Attorney Michelle Kenyon Item #6.4.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Hamid Heidary, Senior Civil Engineer
Meeting: City Council - Sep 19 2023
Subject: Acceptance of a Public Drainage Easement Over Parcel No. 011-010-059 DESCRIPTION:

Consideration of a Resolution that:

1. Accepts a public drainage easement that is required as a preliminary condition of approval of the 1857 Money Lane Subdivision and authorization to file the easement deed with the Napa County Recorder.

RECOMMENDATION:

Consider adopting resolution.

BACKGROUND/SUMMARY:

On August 17, 2022, the Developer for Parcel No. 011-010-058 located at 1857 Money Lane applied for a Tentative Map to subdivide the property into 6 residential lots. The property is within the “Northwest Calistoga Storm Drain Master Plan” which requires offsite runoff to be captured and routed through the site.

The offsite drainage will then be routed over the neighbor’s property to the south Parcel No. 011-010- 059 before it discharges to a new pipe proposed at 2008 Grant Subdivision.

The owner of Parcel No. 011-010-059 has granted a 10-ft wide drainage easement to the City for the Developer to install a properly sized public storm drain pipe to carry offsite runoff.

The recommended Resolution accepts the public storm drain easements and authorizes the City Manager to sign the easement deed and submit it to the Napa County Recorder’s Office for recordation.

CEQA STATUS:

The recommended action is not a “project” and is not subject to CEQA provisions.

Item #6.5.

FINANCIAL IMPACT:

The developer is responsible for all costs associated with preparing and recording of the easement.

The city will be responsible for all future maintenance costs of any storm drain constructed in this accepted public storm drain easement.

ATTACHMENT(S):

1. Draft Resolution

2. Easement Deed Form
Item #6.5.

RESOLUTION NO. 2023-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA,

COUNTY OF NAPA, STATE OF CALIFORNIA,
ACCEPTING PUBLIC STORM DRAIN EASEMENT OVER PARCEL NO. 011-010-059 AND

AUTHORIZING THE CITY MANAGER TO EXCUTE AND FILE THE EASEMENT DEED WITH

THE NAPA COUNTY RECORDER
WHEREAS, the owner of 1857 Money Lane Parcel No. 011-010-058 has applied for a Tentative Subdivision Map to subdivide the property into six residential lots; and WHEREAS, the property is within the “Northwest Calistoga Storm Drain Master Plan” which requires offsite runoff to be captured and routed through the site; and WHEREAS, the offsite drainage will need be routed downstream over the Parcel No. 011- 010-059; and
WHEREAS, the owner of Parcel no. 011-010-059 has granted the required easement for a 10-ft wide public storm drainage easement to the City of Calistoga; and WHEREAS, preliminary Conditions of Approval for the subdivision, requires the Developer to secure all necessary easements to route offsite drainage in compliance with the City’s Master Drainage Plan; and
WHEREAS, the developer is responsible for all costs associated with preparing and recording of the easement; and
WHEREAS, the city will be responsible for all future maintenance costs of any storm drain constructed in this accepted public storm drain easement.

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

1. Accepts the public storm drain easement over Parcel No. 011-010-059 in compliance with the City’s Master Drainage Plan.

2. Authorizes the City Manager to execute and file the Easement Deed with the Napa County Recorder.

PASSED, APPROVED AND ADOPTED this 19
th day of SEPTEMBER 2023. I, YUDIANA
GALVAN, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:
______________________________ __________________________ Yudiana Galvan, City Clerk Donald Williams, Mayor
ATTACHMENT 1 Item #6.5.

WHEN RECORDED RETURN TO:

CITY OF CALISTOGA

DIRECTOR OF PUBLIC WORKS
1232 WASHINGTON STREET
CALISTOGA, CA 94515

EASEMENT DEED
(Insert names of entity or person(s) granting easement)

GRANT (S) TO

THE CITY OF CALISTOGA, A MUNICIPAL CORPORATION
An easement for storm drain purposes over, above and to a reasonable depth with a right of immediate entry and continued possession for construction, improvement, maintenance, repairs, and operation of storm drain conduit and facilities appurtenant thereto. Said easement is more particularly described in Exhibit “A” attached hereto and by reference made a part hereof.

Said easement shall preclude property owner from actions which inhibit City’s use of the easement included but not limited to the installation of fences, planting of agricultural crops, storage of materials and construction of structures.

SEE EXHIBIT "A"
By: Date:

By: Date:

A notary certificate is required.

CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed above is hereby accepted by order of the Council of the City of Calistoga pursuant to Council Resolution No. 2023- XXX, dated XX XX, 2023, and Grantee consents to
recordation thereof by its duly authorized officer.

Recording of this document is requested for and on behalf of the City of Calistoga pursuant to Section 6103 of the Government Code.

CITY OF CALISTOGA,
A Municipal Corporation
By:

Title:

Date:

ATTACHMENT 2
Item #6.5.

ALL – PURPOSE ACKNOWLEDGEMENT

STATE OF CALIFORNIA

COUNTY OF NAPA
On _____________________________, 2023, before me, ___________________________, 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 of Notary Expiration date
_______________________________ ______________________________ Print Name Commission number
Notary Public Phone Number: _____________________
(SEAL)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

Item #6.5.

EXHIBIT A
PUBLIC
10-FOOT WIDE STORM DRAIN EASEMENT
All that certain real property, situated in the City of Calistoga, County of Napa, State of California, described as follows:

Being a por+on of the lands of David B. Peterson and Alexis Shoemate, Trustees of the Shoemate Peterson Revocable Trust, dated October 1, 2015, as described in the Grant Deed, recorded April 13, 2022, in Document No. 2022-0007627, Official Records County of Napa, said por+on being more par+cularly described as follows:

Beginning at the westerly corner of said lands of the Shoemate Peterson Revocable Trust, thence along the westerly line of said lands North 30°01’10” East 284.33 feet, to the northerly corner of said lands;
Thence leaving said westerly line, along the northerly line of said lands South 59°14’28” East 10.00 feet;
Thence leaving said northerly line South 30°01’10” West 274.32 feet; Thence South 60°00’58” East 109.44 feet;
Thence South 29°59’02” West 10.00 feet to a point on a southerly line of said lands; Thence along said southerly line North 60°00’58” West 119.45 feet to the point of Beginning.

The bearings contained herein are based upon the Parcel Map, recorded August 8, 2007, filed for record in Book 25 of Parcel Maps, at Pages 74-76. 7-27-23
Item #6.5.

Item #6.5.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Rachel Melick, Parks & Recreation Director
Meeting: City Council - Sep 19 2023
Subject: Professional Services Agreement with SDI Presence, LLC for On Demand Chief Information Officer
DESCRIPTION:

Professional Services Agreement with SDI Presence, LLC for On Demand Chief Information Officer RECOMMENDATION:

Consider adopting a Resolution that authorizes the City Manager to enter into a professional services agreement with SDI Presence, LLC to provide On Demand Chief Information Officer services.

BACKGROUND/SUMMARY:

The City of Calistoga contracted with SDI Presence, LLC in early 2022 to conduct an IT Needs Assessment of the city’s IT operations, challenges, and opportunities. Once the draft assessment was complete, SDI prepared an IT Assessment/Action Plan. In the assessment plan SDI identified the need for an on-demand Chief Information Officer (CIO). The IT Needs Assessment defined the role of the CIO to include oversight of the activities of the City’s contracted IT service provider, to conduct technology procurements, or to provide guidance for the City on matters involving the use, maintenance and security of information technology. The City does not have any IT staff of its own to provide oversight of the activities of the City’s contracted IT service provider and existing city staff do not have the capacity or expertise to conduct technology procurements, provide guidance for the City’s use of technology or implement other recommendations in the IT Needs Assessment, thus finds it necessary to contract with a professional internet technology organization to provide CIO services.

In July of 2023 staff released a Request For Proposals to obtain proposals for an on demand Chief Information Officer. As a result, staff is recommending SDI Presence, LLC. for a term of three (3) years with two (2) one-year options to renew.

ANALYSIS:

SDI has specialized in public sector IT for over 25 years. During that time, clients have engaged their team to provide on-site and remote IT support services and to conduct public sector technology plans.

SDI has developed short and long-range project plans and offered valuable insight for budgeting and procurement. SDI has provided Interim IT Director, CIO, and Virtual CIO staff to many California municipalities including the City of Novato, City of Gilroy, City of Watsonville, City of Stockton, City of Rancho Cordova, City of Galt, City of Santa Cruz, City of Ventura, and the City of Concord. The SDI team includes Chief Information Officers (CIOs), Chief Technology Officers (CTOs) and Chief Information Security Officers (CISOs) with extensive experience and solid track records. Their consultants have led numerous organizations in both the private and public sectors across the United States serving as trusted advisor for all their technology needs.

Item #6.6.

A sample list of processes and methodologies that SDI Presence and their CIOs are experienced with includes:
• Change Management
• Standard Operating Procedure Development
• Technology Policy Development
• Enterprise application selection, procurement, and implementation • Cybersecurity Assessments & Remediation
• Cybersecurity Incident Response Planning
• Business Continuity and Disaster Response Planning
• Improving IT Service Levels and Customer Satisfaction SDI will work with City executive management to provide management, consultation, oversight and guidance regarding day-to-day technology activities and operations. In this capacity, SDI will supervise technology service delivery to help ensure technical resources are properly deployed to support business priorities as set by City executive management, and interface with other City Departments to ensure seamless service delivery.

SDI will assign Mr. Scott Sanders as the Virtual CIO for this engagement. Mr. Sanders will be the single point of contact for all project activities. Mr. Sanders is an insightful and results driven professional with considerable success directing a broad range of IT initiatives, including IT Assessments and Strategic Planning, technology governance and business alignment, IT Transition and Transformation activities. With demonstrated ability, Mr. Sanders focuses on innovation and enabling business units through effective technology service management. Mr. Sanders has extensive experience serving in executive leadership roles within several California municipal agencies. Mr.

Sanders specialties include: Team and project leadership, policy planning and implementation, Procurement and Selection, IT Managed Services, IT Consulting, IT Advisory Services, Digital transformation, individual and team mentoring, and staff career development.

CEQA STATUS:

N/A
FINANCIAL IMPACT:

The cost for consultant services with SDI Presence, LLC would not exceed $370,000 for a three year contract. This would include costs for travel for the three-year base contract estimated at $42,000.00.

Additionally, overall time and materials contract not to exceed figure would be $320,400.00. The funds for this project would be coded to account 15-4975-4402.

ATTACHMENT(S):

SDI
SDI_Presence_CIO_contract._final_RTM.docx
APPROVAL(S):

Jessie Catacutan Approved - Sep 11 2023
Laura Snideman, City Manager Approved - Sep 12 2023
Yudiana Galvan, City Clerk Approved - Sep 12 2023
Item #6.6.

Item #6.6.

RESOLUTION NO. 2023-XXX

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

STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A

PROFESSIONAL SERVICES AGREEMENT WITH SDI PRESENCE, LLC TO PROVIDE ON DEMAND CHIEF INFORMATION OFFICER SERVICES.

WHEREAS, the city of Calistoga conducted an IT needs assessment in 2022 that identified the need for an on-demand Chief Information Officer (CIO); and WHEREAS, the role of the CIO would include oversight of the activities of the City’s contracted IT service provider, to conduct technology procurements, or to provide guidance for the City on matters involving the use, maintenance and security of information technology; and WHEREAS, staff completed a Request For Proposals process to obtain proposals for an on demand Chief Information Officer; and
WHEREAS, staff received one proposal from SDI Presence, LLC and upon reviewing the proposal and completing an extensive interview with SDI, staff finds it desirable to contract with SDI Presence, LLC (SDI) for on demand CIO services.; and WHEREAS, the cost for consultant services with SDI Presence, LLC would not exceed $370,000 for a three year contract. This would include costs for travel for the three-year base contract estimated at $42,000.00, overall time and materials contract not to exceed figure would be $320,400.00, and a $7,600 contingency. The funds for this project would be coded to account 15-4975-4402; and

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

The City Council of the City of Calistoga authorizes the City Manager to enter into a professional services agreement with SDI Presence, LLC to provide On Demand Chief Information Officer services.

PASSED, APPROVED AND ADOPTED this 19th day of September, 2023. I, YUDIANA GALVAN, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:
____________________________ __________________________ Yudiana Galvan, City Clerk Don Williams, Mayor
ATTACHMENT 1
Item #6.6.

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OAK #4890-2776-3737v1 (Rev. 9/2021)

AGREEMENT FOR CONSULTANT SERVICES
This Agreement for Consultant Services (the "Agreement") is made and entered into this nineteenth day of September, 2023, by and between THE CITY OF CALISTOGA, a municipal corporation (hereinafter referred to as "CITY") and SDI PRESENCE LLC, a Delaware Limited Liability Company (hereinafter referred to as "CONSULTANT"). CITY and CONSULTANT may be referred to individually as “Party” and collectively as the “Parties.”

RECITALS
WHEREAS, CITY requires on demand CIO services to address IT needs; and WHEREAS, CONSULTANT is qualified to perform such services; and WHEREAS, CONSULTANT has agreed to provide CITY with such services on the terms and conditions set forth herein.

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

ARTICLE 1 - SCOPE OF SERVICES

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

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

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

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.

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 DocuSign Envelope ID: 561224C5-35D0-46E3-8443-D1FEDEAA00CB Item #6.6.

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OAK #4890-2776-373v1 (Rev. 9/2021)
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. Notwithstanding anything to the contrary in the foregoing and purposed of clarity, CONSULTANT, including CONSULTANTS subcontractors and third-party vendors, shall retain ownership of any pre-existing intellectual property used and/or delivered to the CITY in the performance of the services under this Agreement.

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 B, Compensation, attached hereto and incorporated herein. It is agreed that the compensation for the Services shall not exceed $370,000 ("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.

DocuSign Envelope ID: 561224C5-35D0-46E3-8443-D1FEDEAA00CB Item #6.6.

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OAK #4890-2776-373v1 (Rev. 9/2021)
CONSULTANT shall submit time and cost records as necessary to substantiate performance of the Services. Within 35 days after receipt of each such invoice, CITY 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 the Eighteenth day of September 2026.

3.2. Termination. This Agreement may be terminated at any time by CITY upon written notice to CONSULTANT. CONSULTANT requests at least fourteen (14) days’ prior notice of termination to allow the parties time to wind down/transition services.

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 RACHEL MELICK, its PARKS AND RECREATION 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 DocuSign Envelope ID: 561224C5-35D0-46E3-8443-D1FEDEAA00CB Item #6.6.

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OAK #4890-2776-373v1 (Rev. 9/2021)
CONSULTANT. In the event CITY wishes to make a change in CITY's representative, CITY will notify CONSULTANT of the change in writing.

4.2. CONSULTANT Contact. CONSULTANT designates SCOTT SANDERS 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 DocuSign Envelope ID: 561224C5-35D0-46E3-8443-D1FEDEAA00CB Item #6.6.

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OAK #4890-2776-373v1 (Rev. 9/2021)
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.

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. Policy Terms. Concurrently with execution of this Agreement, CONSULTANT shall provide CITY with Certificates of Insurance evidencing that CONSULTANT has obtained or maintains the insurance required by this Section 5.3. The Certificates shall be on forms acceptable to CITY. CONSULTANT shall also furnish CITY with original endorsements with the following documentation:
 Precluding cancellation or reduction in coverage before the expiration of thirty (30) days after CITY shall have received written notification thereof from CONSULTANT by United States mail;
 Providing that CONSULTANT's insurance shall apply separately to each insured against whom claim is made or suit is brought, and include a “separation of insureds” or “severability” clause which treats each insured separately, except with respect to the limits of the insurer's liability (cross-liability endorsement);
 Excepting CONSULTANT’S professional liability insurance, naming CITY, its City Council, boards, commissions, committees, officers, employees and agents as additional insureds (“Additional Insureds”); and DocuSign Envelope ID: 561224C5-35D0-46E3-8443-D1FEDEAA00CB Item #6.6.

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OAK #4890-2776-373v1 (Rev. 9/2021)
 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.

F. 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.

G. 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 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 DocuSign Envelope ID: 561224C5-35D0-46E3-8443-D1FEDEAA00CB Item #6.6.

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OAK #4890-2776-373v1 (Rev. 9/2021)
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: Sharee L. Wolff, CFO
200 E. Randolph Street, Suite 3550
Chicago, IL 60601
Phone: (312) 580-7521
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 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 DocuSign Envelope ID: 561224C5-35D0-46E3-8443-D1FEDEAA00CB Item #6.6.

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OAK #4890-2776-373v1 (Rev. 9/2021)
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.

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.

DocuSign Envelope ID: 561224C5-35D0-46E3-8443-D1FEDEAA00CB Item #6.6.

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OAK #4890-2776-373v1 (Rev. 9/2021)

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]
DocuSign Envelope ID: 561224C5-35D0-46E3-8443-D1FEDEAA00CB Item #6.6.

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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

SDI PRESENCE LLC
By: Date:

By: Date:

Attest
By:

Yudiana Galvan, Interim City Clerk
Approved As To Form
By:

Michelle Marchetta Kenyon, City Attorney
DocuSign Envelope ID: 561224C5-35D0-46E3-8443-D1FEDEAA00CB Sharee L Wolff
September 7, 2023 | 3:41 PM PDT
Chief Financial & Administrative Officer
Item #6.6.

OAK #4823-2508-6159 v2

EXHIBIT A

SCOPE OF WORK

1. Develop and Implement a Business Continuity Plan. This project would provide for the development of a Business Impact Analysis and a Business Continuity Plan for the City that would include consideration for the migration of the City’s on-premises business and operational applications to “Government” Cloud datacenters.

2. Establish IT Governance. Establish a formal, city-wide process for IT Governance and convene IT Governance meetings on a routine basis.

3. Review IT Services Contract. The City’s contract with its IT services provider is dated, the statement of work is not well-defined and aligned with the City’s current requirements and expectations and does not include critical components including: Service level standards and a Service Level Agreement (SLA), consultation with the City regarding priorities and the allocation of hours, access to the Help Desk ticketing system, migration of applications to “Government” cloud services in-lieu of procuring and maintaining on-site IT infrastructure, periodic status reporting to the City. 4. Telephony Review. The City makes use of a number of telephone services including an AT&T Centrex system for desk phones and Verizon wireless plans for Smart Phones and iPads. The City has been experiencing difficulties in its use of the AT&T Centrex system. The City had a study of its use of wired and wireless communications in 2020/21 which identified a number of cost savings for the City, but it is unclear as to whether these recommendations have been acted on. This project would provide for a review of the City’s current use of telephone services with the objectives of:
a. determining the status of the recommendations made in 2020/21, b. determining if the City could obtain additional cost reductions through the use of the CalNet agreement,
c. identifying projects that would have to be completed (such as repairs and upgrades to the City’s wide area network) to support an eventual migration to VoIP phones, d. identifying short-term steps that could be taken to improve the City’s use of its telephony assets.

5. IT Asset Refreshment Plan & Budget Fund Cleanup. The City’s contracted IT service provider is responsible for refreshing components of the City’s IT infrastructure. This project would provide for:
a. the review and update of the City’s inventory of IT Assets, b. the development of a formal IT Asset Refreshment plan based on the inventory and that considers the City’s need for mobility / remote work and to migrate from on-premises IT infrastructure to Government Cloud-based services,
DocuSign Envelope ID: 561224C5-35D0-46E3-8443-D1FEDEAA00CB Item #6.6.

OAK #4823-2508-6159 v2
c. the creation of a dedicated budget fund for IT asset refreshment.

6. IT Budget Fund Review. The City does not have a fully dedicated budget fund for information technology. This project would provide for the creation of a budget fund that is specific to information technology, i.e., software license purchases and renewals, services, etc.

7. MOMS Replacement Review. The functionality provided by MOMS has met the City’s basic requirements for payroll, accounts payable, budget, and utility billing; however, the City’s requirements and expectations have grown beyond the functionality provided by MOMS.

8. Recruitment Automation. Applicants can submit digital resumes to the City, the processing of their employment applications is handled manually from that point forward through hiring. This project would provide for the identification, procurement, and implementation of functionality to automate the hiring process.

9. Web-site Review. The City has experienced problems in keeping the content on the website current and having the web-site function as intended due to the limitations of the content editor.

This project would provide for the review of the City’s website to determine if it can be replaced by a website with a more modern, configurable, and user-friendly tool set that would better support public information and community engagement. 10.

Document / Content Management System. This project would provide for:
a. the development of a Needs Analysis for the selection and implementation of an enterprise content / document management system,
b. the procurement and implementation of the system
c. the development of a plan to digitize and index existing hard-copy documents.

11. EOC Improvements. The Emergency Operations Center (EOC) does not have any dedicated desktops, displays, printers, etc., assigned to it; the EOC does not have sufficient power and network connections to support its use in an emergency; the City does not have any dedicated EOC management software (such as WebEOC or Virtual EOC) to develop and update response plans and to coordinate alerts and the assignment of personnel to the EOC in an emergency. This project would provide for the development of a study to identify the equipment and infrastructure required to make the EOC fully operational, utilizing State and Federal grant funds if possible, and then upgrade the EOC to better support the City’s requirements and to conform with state and national standards. CIO would work in close collaboration with Public Safety Chiefs to determine grant availability and support.

12. Fire Automation. The Fire Department and the Fire Station have a number of shortcomings related to information technology. This project would provide for the preparation of a prioritized list of projects to remediate these issues. CIO would work in close collaboration with Public Safety Chiefs to determine grant availability and support.

DocuSign Envelope ID: 561224C5-35D0-46E3-8443-D1FEDEAA00CB Item #6.6.

OAK #4823-2508-6159 v2

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

1. Direct Labor
Direct labor costs shall be the total number of hours worked on the job by each employee times the agreed hourly rate for such employee's labor as set forth on the attached Exhibit B-1. CITY will pay all personnel at their regular straight-time rate, including any work performed on overtime or on holidays or weekends.

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

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

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

DocuSign Envelope ID: 561224C5-35D0-46E3-8443-D1FEDEAA00CB Item #6.6.

OAK #4823-2508-6159 v2
EXHIBIT B-1
 Two weeks of onsite work at an average of 32 hours per week each month for the first three months. During the offsite weeks for the first three months, work would average up to 24 hours each week. After the first three months, onsite visits would occur just once per month, with eight hours of work on average.  The hourly rate would be as follows: $175 for the first twelve contract months; $190 for the second contract year; and $205 for the third contract year. Over the course of three-year contract, the overall time and materials contract not to exceed figure would be $320,400.00.
 Overall travel for the three-year base contract is estimated to be $42,000.00.  The total amount to be paid to the consultant shall not exceed $370,000, including a $7,600 contingency, over a three-year period.

DocuSign Envelope ID: 561224C5-35D0-46E3-8443-D1FEDEAA00CB Item #6.6.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Sep 19 2023
Subject: Authorizing FCB Construction, Inc. to Rebuild Heather Oaks Park Pathway DESCRIPTION:

Consideration of a Resolution that:

1. Authorizes the City Manager to execute a Contract for Construction with FCB Construction, Inc., to complete construction of Heather Oaks Park Pathway in an amount not to exceed $59,850.

2. Approves the Project construction budget in the amount of the base bid of $53,873, with a 10% contingency for unforeseen conditions and authorizes the Public Works Director to negotiate and approve contract change orders up to the approved construction budget amount of $59,850.

3. Direct staff to fund with unappropriated general fund monies or with monies from Pioneer Cemetery and portion of monies from the Maxfield Pathway CIP.

RECOMMENDATION:

Consider adopting resolution.

BACKGROUND/SUMMARY:

City staff originally brought this to your council on March 21, 2023, and it was adopted as part of the FY22/23 CIP project work. Staff received three quotes ranging from $53,873 to $68,088 with the lowest being FCB Construction, Inc. The contractor had some delays in getting staff the necessary bonds for the project and as a result was unable to complete the project last fiscal year. The project was not carried over into FY23/24, and now staff are requesting Councils’ direction on whether to complete the capital project with a budget adjustment in FY23/24 or not.

The city owns Heather Oaks Park, a 1.6-acre property that staff operates and maintains, located in Riverlea subdivision at the end of Denise Drive adjacent to the Napa River. The pedestrian pathway around the south end of lawn and tot lot is in poor condition with cracked pavement, raised header boards and sections of pavement missing creating trip hazards that need to be replaced.

The project will consist of replacing approximately 1,600 square feet (sf) of damaged pathway and header boards and include some spot repair along the wider section of pathway adjacent to the Napa River. The contractor will demolish the existing pavement, prep subgrade, install metal edging, and install 2” of new pavement along the pathway.

Item #8.1.

CEQA STATUS:

Reconstruction of an existing paved pathway in an existing park is exempt from CEQA per Section 15302(c).

FINANCIAL IMPACT:

Staff are requesting a budget adjustment to complete the Path at Heather Oaks Park for a total project cost of $59,850 as part of the FY23/24 CIP, Account No. 01-5642-4915. If Council does not want to use unappropriated general fund monies to finance this project, staff is suggesting postponing the Pioneer Cemetery concrete and tree work budgeted at $40,000 Account No. 01-5200-4915 and utilize $19,850 from Maxfield Pathway Account No. 01-5657-4915, since we believe we can complete a temporary repair with city staff.

ATTACHMENT(S):

1. Draft Resolution

2. Contract for Construction - FCB Construction, Inc.

Item #8.1.

RESOLUTION NO. 2023-XXX

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

NAPA, STATE OF CALIFORNIA, AUTHORING THE CITY MANAGER TO EXECUTE A CONTRACT FOR CONSTRUCTION IN AN AMOUNT NOT TO EXCEED $59,850 WITH FCB CONSTRUCTION, INC. TO COMPLETE CONSTRUCTION OF HEATHER OAKS

PARK PATHWAY
WHEREAS, the city owns Heather Oaks Park, a 1.6-acre property that staff operates and maintains, located in Riverlea subdivision at the end of Denise Drive adjacent to the Napa River; and
WHEREAS, the pedestrian pathway around the south end of lawn and tot lot is in poor condition with cracked pavement, raised header boards and sections of pavement missing creating trip hazards that need to be replaced; and
WHEREAS, the project will consist of replacing approximately 1,600 square feet (sf) of paved pathway and header boards and include some spot repair along the wider section of pathway adjacent to the Napa River; and
WHEREAS, the contractor will demolish the existing pavement, prep subgrade, install metal edging, and install 2” of new pavement along the pathway; and WHEREAS, staff received three bids: FCB Construction, Inc., $53,873, Allard General Engineering Inc., and Granite Construction Company. Bids ranged from $53,873 to $68,088 with the lowest bid from FCB Construction, Inc.; and
WHEREAS, reconstruction of an existing paved pathway in an existing park is exempt from CEQA per Section 15302(c); and
WHEREAS, city staff originally brought this to your council on March 21, 2023, and it was adopted as part of the FY22/23 CIP project work. The contractor had some delays in getting staff the necessary bonds for the project and as a result was unable to complete the project last fiscal year; and
WHEREAS, the project was not carried over into FY23/24, and now staff is requesting Councils’ direction on whether to complete the capital project with a budget adjustment in FY23/24 or not.

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

1. Authorizes the City Manager to execute a Contract for Construction with FCB Construction, Inc., to complete construction of Heather Oaks Park Pathway in an amount not to exceed $59,850.

2. Approves the Project construction budget in the amount of the base bid of $53,873, with a 10% contingency for unforeseen conditions and authorizes the Public Works Director to negotiate and approve contract change orders up to the approved construction budget amount of $59,850.

ATTACHMENT 1
Item #8.1.

Resolution No. 2023-XXX

3. Direct staff to fund project with $59,850 from unappropriated general fund monies. Or, fund with the entire FY 23/24 budget of $40,000 from Pioneer Cemetery Account No. 01- 5200-4915 and $19,850 a portion of the FY 23/24 budget from the Maxfield Pathway Account No. 01-5657-4915
PASSED, APPROVED AND ADOPTED this 19th day of SEPTEMBER 2023. I, YUDIANA GALVAN, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:
______________________________ __________________________ Yudiana Galvan, City Clerk Donald Williams, Mayor
Item #8.1.

ATTACHMENT 2
Item #8.1.

This document may be amended only by written instrument, as provided in the General Conditions.

Contractors are required by law to be licensed and regulated by the Contractor's State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation.

A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, California 95826.

This Agreement is effective upon approval by the City Council, execution by the Contractor and concurrence by the Agency's designated representative.

CITY OF CALISTOGA
By: -------------
Laura Snideman, City Manager
Dated: -----------
ATTEST:

Yudianan Galvan, City Clerk
Approved by:

Michelle Kenyon, City Attorney
a California Corporation
By: _<_� __ =9_---""-'__..,\1--;/'"\
_v_� __ _
(Authorized Representative of Contractor)
Printed Name� <.:YV'°" 3c �" 5 -foV\
Title: ___ f�,A.,Q��5�,·-· d�Cll\-�---------
(Attach Acknowledgment for Authorized
Representative of Contractor)
Date: 3 '1- 2o Z��--
(Contractor signatures must be notarized.)
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 - Sep 19 2023
Subject: Presentation for the Utility Rate Study – Financial Plans and Preliminary Rates DESCRIPTION:

Receive the presentation regarding progress on the Utility Rate Study and provide direction on longterm financial plan options.

RECOMMENDATION:

Provide direction on long-term financial plan options.

BACKGROUND/SUMMARY:

The following rate study milestones have been accomplished:
•July 19, 2022 - Council awarded Raftelis Agreement to complete rate studies. •October 5, 2022 - First open house overview of the study objectives, process, and to gather initial feedback
•October 20, 2022 - Prepared and published Frequently Asked Questions •May 2, 2023 – Council Presentation and feedback on finance model initial assumptions, reserves policies, and debt financing discussion
•August 24, 2023 – Second open house to share capital reinvestment needs, water rate structure alternatives, rate study process, and informational stations for customer billing and conservation programs
•September 19, 2023 - Council to review financial plans and initial rates.

Study Process
In between each milestone, the consultant, city staff, and city attorney had numerous coordination meetings, met with the city council to review initial financial model assumptions, included feedback from the public, incorporated feedback from city council, and provided Raftelis with the financial data necessary to complete modeling and begin generating rates.

Financial Plan
The Financial Plan includes operating revenues under the current rates, current and projected O&M expenses, planned capital improvements, transfers between funds and reserve requirements, and previous general fund loan repayments. The plan relies on the July 1, 2023, beginning cash balances, future CIP for each utility, general fund loan payback, and Napa treat and wheel cost projections for purchased water.

Item #8.2.

In addition to fully funding each utility’s operating and capital costs the financial model includes the following:
•Increasing reserves to a minimum of four months of operating costs plus $1.5 million in emergency reserves; and a goal of four months of operating costs, plus $1.5 million in emergency reserves, plus one-year of average cash-funded capital.
•Repaying previous general fund loans.
•Utilizing future debt financing to minimize rate impacts and provide inter-generational equity between users tomorrow that benefit through investment by users today.

Water Rate Structure Alternatives
Although we did not have as large of a turnout at the last open house, the public generally seemed to support the two-tier commodity (water use) rate for Single Family Residential (SFR) and a uniform rate for other customers. The tiered rate differentiates between the City’s two water supply sources and encourages conservation. Multi-Family Residential (MFR) (which includes apartments and mobile home parks), Commercial, and Irrigation connections would maintain the existing uniform structure (single use rate for all units of water).

Additionally, the water cost of service analysis and rate design presented aims to reduce fixed charges as a share of total revenues. This is to provide some relief to low-to-average use residential customers, while maintaining a conservation signal, which is a policy objective of the Council and has been conveyed to City staff and the Consultant in public meetings.

Challenges
Unfortunately, there have been several delays in the rate study process as the water rates alternatives consumed a substantial amount of time in analyzing available data, discussions with City staff and legal, and producing several alternatives for evaluation. First, much of the financial model information is built on utility rate information along with actual and projected budget information that comes from the city’s financial system or MOMs system, and the City had difficulties reviewing and retrieving financial model data because it was without a finance director at the beginning of the rate study process and again, now, since the interim director recently resigned. Second, after the initial Community Meeting in October 2022, it was clear that the Study would need to consider tiered water rate alternatives, not originally planned for. Third, the rate study crossed over two fiscal years’ worth of information (FY23 & FY24), which required additional model updates. Fourth, during rate model development, the City of Napa completed their rate study and recently provided Calistoga with their new rates on August 18, 2023, which needed to be incorporated into the rate model. Finally, the geothermal rates and recycled water valuations have added complexity to this rate study that were not completed in previous rate studies.

Results
The financial model Raftelis has prepared shows substantial increases to Calistoga’s water and sewer rates over the first one to two years for both utilities. The initial increases are primarily due to a modest beginning cash position with significant capital project spending. The actual cash reserves coming out of FY23 were lower than anticipated with the first financial model run, and updated with actuals which were $1.2M wastewater enterprise and $1.28M water enterprise. The water utility is entering an operating deficit where existing rate revenues will not cover even operating and maintenance (O&M) expenses due to inflationary pressures and substantial purchased water cost increases.

Item #8.2.

Simply, the City’s utilities have a lot of significant infrastructure that needs repair and has a small customer base to generate revenues to meet expenses. This leads to a challenging economy of scale issue.

There has been less revenue than anticipated over the past three years due to: the drought and conservation efforts; the previous rate study that included both large resort projects revenues contributing starting in FY19, which did not occur; only one of the two large resorts is generating revenue at this time.

Staff has iterated through the CIP projects as well, multiple times, and reduced the planned CIP to mandated projects, projects required by the cease-and-desist orders, or projects to replace aging infrastructure that include grant funding, or critical projects that staff intends to seek grant funding for, and necessary to replace aging infrastructure, but there will be substantial CIP expenses over the next two years. This is because the city has historically deferred many capital projects.

Both utilities’ rate plans must also account for the repayment of General Fund loans, totaling $2.6M for water enterprise and $1.16M for wastewater enterprise. In FY18 the city took a general fund loan of $1.6 million to cover water rights litigation expenses and in FY23 the city took out $1.0 million loan to be able to make the water enterprise whole. The wastewater enterprise had a general fund loan in FY21 of $659,384 and another $500,000 in FY23.

Moreover, the City of Napa just completed their rate study and increases are going up an average of 10% per year over the next five years along with State Water Project costs that have been updated in the current model.

Next Steps & Proposed Schedule
The next steps towards adopting new rate schedules are:

1.Receive feedback and direction from City Council on
a.A preferred financial plan for each utility
b.The water rate alternative presented
c.The wastewater rates presented

2.October 3, 2023 - Return to Council to
a.Approve a final rate proposal and authorize City staff to set a public hearing b.Mail notices to property owners and customers in order to begin the Proposition 218 rate adoption process.

3.December 5, 2023 - Hold a public hearing to consider all written protests, and if protests are not received by a majority of parcels receiving water or sewer services, adopt the new rates as proposed.

4.December 19, 2023 – Second reading of ordinance adopting rates and rates become effective 30- days thereafter.

5.February 1, 2024, - Initiate new billing rates to all customers.

If the proposed schedule above can be accomplished successfully, new rates would begin February 1, 2024.

DISCUSSION:

There are several items that the consultant is seeking consensus on and/or feedback on from Council regarding proposed rate increases. The modest current reserve balance coupled with a large amount of capital improvement projects proposed over the next two to three years has a significant impact to the rates. There are the following financial options:
1) Increase rates to meet all future costs.

Item #8.2.

2) Increase rates to meet all future costs but forgive previous general fund loans and allow the utilities to forego repayment of existing general fund loans (about a 5% difference in rates) 3) Borrow approximately $2.5 from unappropriated general fund to reduce initial rate increase.

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:

There will be no fiscal impacts for this report/presentation as they are a part of the adopted Resolution No. 2022-060, and part of Raftelis’ scope of work related to the utility rate study.

ATTACHMENT(S):

PDF UTILITY RATE
APPROVAL(S):

Jessie Catacutan Approved - Sep 11 2023
Laura Snideman, City Manager Approved - Sep 12 2023
Yudiana Galvan, City Clerk Approved - Sep 12 2023
Item #8.2.

1 City of Calistoga
Rate Study Results
City Council Presentation – September 19, 2023
Item #8.2.

Presentation Format
• Rate Study Process
• High Level Rate Results
• Utility Rate Drivers
• Customer Bill Impacts
• Drought Rates
• Adoption and Implementation Schedule
2 Item #8.2.

3 Start
Step 1: Rate Setting
Framework
• Financial goals and policies
• Pricing objectives
• Alternative rate structures
for evaluation
Step 2: Financial Plan
• Evaluation of operating
and capital costs
• Cash flow analysis for
financial sufficiency
• Scenario Analysis
Step 3: Rate Design
• Cost of Service Analyses
(Cost allocations)
• Alternative rates design
• Rate calculations &
customer impact analyses
Step 4: Rate Plan Approval
• Documentation
• Study Report
• Review by legal counsel
Completion
Step 5: Rate Adoption –
218 Procedures
• Notice to City
customers
• Public Hearing
Rate Study Process
Stakeholder Engagement
We Are
Here
Item #8.2.

Key Points on Proposed Utility Rates
4 Proposed two-tier water use rate alternative for Single Family Residential Customersimproves affordability at low-to average use and provides a conservation price signal Fixed charges are recalibrated to recover less of the total water rate revenue, providing relief to lower water use customers and more control over a customer’s bill Wastewater impacts vary based on harmonizing the residential class, updating nonresidential strength concentrations, and ensuring all discharges pay their cost of service Tiered water use rates, along with updated wastewater rates, moderates impacts to SFR customers with combined utility service (Greater than 70% of the customer base) Item #8.2.

Combined Service* Monthly Charges –
Single Family Residential, 6 HCF Water
5 Single Family Residential (SFR) Monthly Charges
Current
Charges
Proposed
Charges
$
Change
Scenario 1 (Right the Ship) $212.55 $249.77 $37.22
Scenario 2 (No Prior GF Loan Repayment)
$212.55 $236.27 $23.72
Scenario 3 (Smaller New GF Loan) $212.55 $218.84 $6.29
*Greater than 70% of all City customers are combined water and wastewater service customers Item #8.2.

6 Utility Rate Drivers
Item #8.2.

7 Inflationary Pressures Supply Sources and
Costs
Cash Reserves
Future Borrowing Terms
and Assumptions
Baseline Water
Sales Estimates
Long-Range Financial Plan Drivers
Capital Reinvestment
Item #8.2.

$15 MILLION

WATER CRITICAL CAPITAL

IMPROVEMENTS
Mandates by Water Board, Dams
and Safety, and other Critical
Aging Infrastructure
Item #8.2.

$16 Million

WASTEWATER CRITICAL CAPITAL

IMPROVEMENTS
Cease and Desist Order
Regional Board, and other
Critical Aging Infrastructure
Item #8.2.

Utility Financial Plan Scenarios
10 1) Right the Ship:
• Fully fund the CIP
• Borrow for projects when
available
• Repay prior GF loans to
the water utility
• Significant increase
required in year one of the
rate plan
2) Forgive Prior GF Loans
• Fully fund the CIP
• Borrow for projects when
available
• Forgives prior GF loans to
the water utility
• Increase required in year
one of the rate plan
3) New General Fund Loan
• Fully fund the CIP
• Borrow for projects when
available
• Forgives prior GF loans to the
water utility
• Requires a new $2.5M GF loan
• Lowest increase in the first two
years relative to Scenarios 1
and 2
Item #8.2.

Water Financial Plan Scenarios Comparison
Additional Rate Revenue Required
Calendar Year 2024 2025 2026 2027 2028
Implementation Month Mar Jan Jan Jan Jan
Scenario 1 (Right the Ship) 50% 15% 10% 6% 6%
Scenario 2 (No Prior GF Loan Repayment)
40% 15% 10% 10% 6%
Scenario 3 (New $1.25 million GF Loan) 30% 15% 15% 9% 8% Calendar Year 2024 2025 2026 2027 2028
Implementation Month Mar Jan Jan Jan Jan
Scenario 1 (Right the Ship) $0.7 M $2.6 M $3.4 M $4 M $4.5 M Scenario 2 (No Prior GF Loan Repayment)
$0.6 M $2.1 M $2.9 M $3.6 M $4.2 M
Scenario 3 (New $1.25 million GF Loan) $0.4 M $1.7 M $2.6 M $3.4 M $4.0 M Item #8.2.

Wastewater Financial Plan Scenarios Comparison
Additional Rate Revenue Required
Calendar Year 2024 2025 2026 2027 2028
Implementation Month Mar Jan Jan Jan Jan
Scenario 1 (Right the Ship) 35% 25% 3% 3% 3%
Scenario 2 (No Prior GF Loan Repayment)
30% 25% 3% 3% 3%
Scenario 3 (New $1.25 million GF Loan) 20% 12% 10% 8% 3% Calendar Year 2024 2025 2026 2027 2028
Implementation Month Mar Jan Jan Jan Jan
Scenario 1 (Right the Ship) $0.5 M $2.0 M $2.8 M $3.0 M $3.2 M Scenario 2 (No Prior GF Loan Repayment)
$0.4 M $1.8 M $2.5 M $2.7 M $2.9 M
Scenario 3 (New $1.25 million GF Loan) $0.3 M $1.0 M $1.6 M $2.1 M $2.4 M Item #8.2.

13 Bill Impacts
Item #8.2.

Water Use Rate Alternatives
14 Primary Customer Classes Option A Option B
Single Family Residential
(SFR) Structure
Uniform
Two-Tier
Multi-Family Residential
(MFR) Structure
Uniform
Non-Residential Structure
Policy Objective Option A Option B
Reduce
Fixed Charges
Minimize Impacts to SFR
Average Water Users
Conservation
Signaling
Improve
Cash Reserves
Item #8.2.

Water Bill Impact Year 1 –
SFR, 12 HCF every Two Months
• Current Bill versus Proposed Bills
› Proposed Bills Assume Tiered Water Rate Alternative
15 Proposed
($/Two Months)
Current
($/Two Months) $ Change
% Change
Scenario 1 (Right the Ship) $ 287.08 $ 229.36 $ 57.72 25.2% Scenario 2 (No Prior GF Loan Repayment)$ 267.95 $ 229.36 $ 38.59 16.8% Scenario 3 (New $1.25 million GF Loan) $ 248.81 $ 229.36 $ 19.45 8.5% Item #8.2.

Wastewater Monthly Bill Impact Year 1 –
SFR
• Current Bill versus Proposed Bills
16 Proposed
($/Two Months)
Current
($/Two Months) $ Change
% Change
Scenario 1 (Right the Ship) $212.46 $195.74 $16.72 9%
Scenario 2 (No Prior GF Loan Repayment)
$204.59 $195.74 $8.85 5%
Scenario 3 (New $1.25 million GF Loan) $188.86 $195.74 ($6.88) -4% Item #8.2.

Combined Service* Bill Impact –
SFR, 12 HCF Every Two Months
17 Single Family Residential (SFR) Two-Month Bill
Current Proposed $
Change
Water Wastewater Total Water Wastewater Total
Scenario 1 (Right the Ship) $229.36 $195.74 $425.10 $287.08 $212.46 $499.54 $74.44 Scenario 2 (No Prior GF Loan Repayment)
$229.36 $195.74 $425.10 $267.95 $204.59 $472.54 $47.44
Scenario 3 (New $1.25 million GF Loan) $229.36 $195.74 $425.10 $248.81 $188.86 $437.67 $12.57 *Greater than 70% of all City customers are combined water and wastewater service customers Item #8.2.

Combined Service Bill Impact –
Mobile Home Park, 6” Meter / Avg. Use
18 Mobile Home Monthly Charges
Current
Charges
Proposed
Charges
$
Change
Scenario 1 (Right the Ship) $22,990.60 $33,147.71 $10,157.11 Scenario 2 (No Prior GF Loan Repayment)
$22,990.60 $31,373.87 $8,383.27
Scenario 3 (Smaller New GF Loan) $22,990.60 $29,055.02 $6,064.42 Item #8.2.

Combined Service Bill Impact –
Hospitality – Eight Meters, Avg. Use
19 Calculation underway……coming soon!
Item #8.2.

Combined Service Bill Impact –
Commercial Shop, 1” Meter / Avg Use
20 Commercial General Monthly Charges
Current
Charges
Proposed
Charges
$
Change
Scenario 1 (Right the Ship) $231.96 $290.56 $58.60
Scenario 2 (No Prior GF Loan Repayment)
$231.96 $273.56 $41.60
Scenario 3 (Smaller New GF Loan) $231.96 $253.59 $21.63 Item #8.2.

What are Drought Rates?
• Supplemental rates or surcharges to normal condition rates • Temporary in nature
• Available to a water provider during periods of declared shortages, mandatory conservation, or other water emergencies
• Subject to the procedural and substantive requirements of Proposition 218
• Implemented (and rescinded) at the discretion of City Council • Council maintains discretion to implement drought rates lower than noticed or utilize a different financial tool
• A tool to recover the net revenue loss during times of reduced water use
21 Item #8.2.

Drought Rates – Supplemental Charges
($/Meter per Month)
Meter Size Meter Ratio Shortage Stage 1
(<10% Reduction)
Shortage Stage 2
(10-20% Reduction)
Shortage Stage 3
(20-35% Reduction)
5/8" 1.00 $5.20 $16.09 $25.76
1" 2.50 $13.01 $40.22 $64.41
1 1/2" 5.00 $26.02 $80.44 $128.83
2" 8.00 $41.63 $128.70 $206.12
3" 15.00 $78.06 $241.31 $386.48
4" 25.00 $130.09 $402.19 $644.13
6" 50.00 $260.19 $804.37 $1,288.25
8" 80.01 $416.30 $1,287.00 $2,061.21
22 Item #8.2.

Adoption & Implementation Schedule –
Upcoming Dates
23 Final Rate Proposal & Draft Report
Authorization to Notice Customers
October 3
City Council Meeting
Customer Noticing Period
45 Day Minimum Protest Period
OctoberNovember
Public Hearing on Proposed Rates
Formal Rate Adoption, Absent a Majority Protest
December 5
City Council Meeting
March 1, 2024 New Rates Effective
Item #8.2.

Direction from Council on Preferred
Alternatives
• Consensus on a financial plan for both utility enterprises › Can be different selections for Water and Wastewater
• Preference on Two-Tier or Uniform water use rate structure • Preference on utilizing Drought Rates in future shortages • Direction to Consultant to prepare a Draft Rate Studies Report 24 Item #8.2.

Contact:

Kevin Kostiuk
213-262-9309 / [email protected]
25 Thank you
Item #8.2.