Calistoga City Council
October 17, 2023

Mayor
Donald Williams
Vice Mayor
Irais Lopez-Ortega
Councilmembers
Lisa M. Gift
Scott Cooper
Kevin Eisenberg
AGENDA
City Council
Tuesday, October 17, 2023 - 6:00 PM
Hybrid

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

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

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

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

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

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

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.

Page

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. 10.17.23 Public Comment Regular

10.17.23 Public Commen Regular_Redacted

10.17.23 Public Comment
5 - 15

4. CITY MANAGER’S REPORT

5. PROCLAMATIONS/PRESENTATIONS/ AWARDS

6. CONSENT CALENDAR

6.1. Consider adopting a Resolution approving the appointment of an Interim Planning & Building Director
Recommended Action:

Adopt Resolution approving the appointment of Sandra Meyer as Interim Planning & Building Director effective October 18, 2023.

Staff Report - Appointment of an Interim Planning & Building Director - Pdf
16 - 21

6.2. Consider Adopting Minutes.

Recommended Action: Approve the Minutes as Submitted
Staff Report - Approving Minutes of September 19, 2023 - October 3, 2023. - Pdf
22 - 29

6.3. Consider approval of a Resolution that amends the Salary Schedule by adding the classification of Deputy Finance Director, and amends the Personnel and Staffing Listing by deleting one Accountant and adding one Deputy Finance Director.

Recommended Action:

Adopt a resolution amending the Personnel and Staffing Listing and the Salary Schedule.

Staff Report - Resolution Amending the Personnel and Staffing Listing and the Salary Schedule by adding Deputy Finance Director. - Pdf 30 - 33

6.4. Proclaiming October as Domestic Violence Awareness Month Recommended Action: Consider adopting a proclamation by request from NEWS Napa Valley
Staff Report - Proclaiming October Domestic Violence Awareness Month - Pdf
34 - 35

6.5. Consideration of a Resolution Accepting a Notice of Completion for the Emergency Equalization Pond Liner Replacement Project.

Recommended Action:

Consider adopting the resolution.

Staff Report - Notice of Completion for the Emergency Equalization Pond Liner Replacement Project - Pdf
36 - 40

6.6. Amendment No. 1 to Agreement No. 950 for Financial Management Services with Municipal Resources Group, LLC (MRG).

Recommended Action:

Consider approving Amendment No. 1 to Agreement No. 950 for Financial Management Services with Municipal Resources Group, LLC (MRG) (Attachment 1) to(1) amend the time of performance of the 41 - 57

agreement from October 31, 2023 to October 31, 2024; (2) increase the compensation amount by $225,000 for continued Financial Management services not to exceed a total contract amount of $250,000; (3) extend the one year base contract to include two (2) one-year contract extension options through October 31, 2026 for a total contract amount not to exceed $250,000 annually; and (4) authorize the City Manager, or her designee to, to execute the agreement.

Staff Report - Amendment to Consultant Agreement No. 950 for Financial Management Services - Pdf

7. PUBLIC HEARING

8. GENERAL GOVERNMENT

8.1. Lincoln Avenue (Hwy 29) Parklets
Recommended Action:

Provide direction regarding removing or retaining existing Lincoln Avenue (Hwy 29) parklets.

Staff Report - Consideration to Keep or Remove the Existing Lincoln Avenue (Hwy 29) Parklets - Pdf
58 - 61

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 October 16, 2023, by 4:30 p.m.

Yudiana Galvan, City Clerk

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Dear Members of the Calistoga City Council, Di5"“’“‘°d °“ I hope this letter finds you well. I am writing on behalf ofthe Calistoga Public Employees Association (CPEA) to request a future agenda item for an amendment to the Civic Operating Agreement that was approved on April 18, 2023, which directly affects CPEA members. We kindly request the removal of the line stating "Asrequired by CMC2.08.080, Councilmembersof the City Council shall deal with employees of the City only through the City Manager, except otherwise permitted by the City Manager" in section 10.3, titled "Relations with Staff." The primary reason for our request pertains to the content of this section, which references Calistoga Municipal Code 2.08.080. As of our knowledge, this code section has not been of?cially adopted into the municipal code.

We believe that it is essential for any rule or provision within the Civic Operating Agreement to adhere to the proper legal processes for ordinance adoption, ensuring transparency and clarity in its enforcement. As section 10.3 references a code that is not yet adopted into the municipal code, it leaves signi?cant questions unanswered regarding its applicabilityand implications.

These questions include:

The defining line between staff and constituent, particularlyfor staff residing in Calistoga.

Clarity on topics that may require pennission, as outlined in the section.

The process and authority responsible for seeking permission from the City Manager.

Whether this section supersedes processes outlined in the Personnel Rules & Regulations Manual related to complaints.

To address these concerns and uphold the principles of due process and governance transparency, we respectfully request that CMC2.08.080 undergo the appropriate procedure for ordinance adoption. This willallow for public input, deliberation, and clari?cationof its scope and application.

Ifthe City Council is unwilling to pursue the formal adoption of this ordinance into the Calistoga Municipal Code, we request the removal of that speci?c line section 10.3 from the Civic Operating Agreement entirely. We believe that this step is necessary to avoid ambiguity and ensure that the agreement aligns with established processes and city regulations.

We appreciate your attention to this matter. Our aim is to maintain a harmonious working relationship between the City Council and city employees while upholding the highest standards of governance.

Thank you for your time and consideration for a future agenda item Si
Calistoga Public Employees Association, President
Item #3.1.

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From: Michael Dunsford
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Sent: Wednesday, October 11, 2023 5:03 PM
‘to: Donald Williams; lrais Lopez—0rtega;Scott Cooper: LisaGift; KevinEisenberg; VudianaGalvan Subject: Downtown Parklets
Attachments: Market 1.jP9: Market Zjpg; Permits Manual Chapter S00-3| Parkletspdf caution: Thisemallofuinatedfmm outslde ofthe organlmuiu.Do not cisckTnksor open attachments urilessW redognietie sender and knowthuontent issafe.

Dear Council,
It's time to remove the parklets. They once served a purpose with good intentions (Covid] but have since become a liability for Calistoga. Theyjunk up the downtown and have been commandeered by adjacent businesses, violating their Use Permit, the requirements set forth in Encroachment Permit by Caltrans and ABClicensing restrictions.

As stated in the Encroachment Permit Manual (see attached), parklets are to be used as “parks" and "open for use by the general public." That means that a person may order takeout food from a restaurant and freely sit at a table located in a parklet to enjoy their meal, no different than someone enjoying a sandwich from Calmart in Pioneer Park. They are not to be used as patios or extended seating areas for speci?c restaurants. The Manual clearly states that "vending and/ortable service on parklets is strictly prohibited." The City and Chamber have neglected to enforce these measures to the detriment of other competing businesses. The parklets were initially subsidized by the City with taxpayer dollars and the bene?ciaries haven‘t had to pay rent for this additional revenue generating space, thus creating an unfair advantage to those who are con?ned to their legal footprint and pay market rent or a mortgage.

I understand the argument of wanting to create and maintain economic vitality downtown, but it should not be at the expense of others who play by the rules and make considerable investments into their businesses and properties. Moving fonivard with a lease agreement with Caltrans for $6,000/yr/parklet doesn't solve the inequity stated above, as this amount is far less than market rate rent. The notion that the Chamber or TIDwould further subsidize new furnishings for the parklets is highly problematic and a misuse of funds knowing that they would have a direct benefit to specific businesses, which they clearly haven't been able to regulate to date.

The downtown "revitalization" effort that is referenced in your staff report is a signi?cant project that willrequire scrutiny, debate and take years to implement if approved by the council. The plan also proposes two phases, the first being the upgrade of our existing sidewalks and landscape, not the implementation of parklets. Vou are in essence putting the "cart before the horse" by continuing to invest in the existing "interim" parklets and "spending good money after bad." We also lose vital parking with no plan for relocation.

My recommended action is to take a hybrid approach, which is more reasonable. Isuggest allowing restaurants that abut the sidewalk on LincolnAvenue to have a limited number of tables to accommodate outdoor seating on the existing sidewalk, while also allowing for safe passage and handicap accessibility. If the City and TID were to invest funds in this manner, you are providing an improvement the benefits everyone. Asl shared with you before, Market in St.

Helena does this very well (photos attached). However, this additional seating would have to operate in compliance with allthe governmental agencies.

I do wish everyone success but we must all play by the rules.

Thank you for your consideration.

Sincerely,
Michael
Item #3.1.

Item #3.1.

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From: Norine Moses
Sent: Wednesday, 0c 0 er , :

To: PublicComment
Subject: Cou ncilagenda Oct 17
CAUTION:This email originated from outside of the organization. Do not click linksor open attachments unless you recognize the sender and know the content issafe.
3 issues concern me: Financial Management Services; Parklets; 4th & WA 1) Were we paying our former on—staffFinancial Manager $250,000/yr? With across-the—board salaries like that I cannot imagine why our City is not bankrupt, nor can Iimagine why such employees say they cannot afford to live in Calistoga.
2) Parklets on Lincoln Ave were an emergency attempt to allow restaurants to stay in business during the pandemic. They were not intended to be permanent expansions of seating space for the economic benefit of private businesses at the expense of the public good. We need those parking spaces returned to parking use.
3) In a previous message to you I encouraged moving allowed parking to the opposite side of WA street from where it is now allowed at 4th and WA. Ifailed to state that my strong opinion isthat the best solution would be to make that intersection a 3-way stop and leave the parking on WA where it is now allowed.

Ileft that out because over the years i have been assured by different officials that a 3-way stop cannot be done....no reason why from anyone, just cannot be done. Please reconsider with the officials who make such decisions if, in fact, it could be done.

Thanks for your efforts in our behalf.

Norine Moses
Item #3.1.

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From: Maureen Taylor
Sent: Wednesday, October 11, 2023 4:08 PM
Tm Public Comment
Cc: HalTaylor Ill
Subject RE: 8.1 LincolnAvenue Parklets
CAUTION? Thisemail o?ginated from outside of the organization. Do not clicklinksor open attachments unless you recogni1e‘the senderand know the content is safe. —
Dear CityCouncil Members,
RE: General Government 8.1. LincolnAvenue (Hwy29) Parklets As a long time members of this community we would liketo offer our comments on whether the Parklets on Lincoln Avenue should remain or not.
we totally understood that during Covid the parklets provided an important avenue for our local restaurants to be able to continue doing business in a safe manner. We also always assumed that the parklets were an emergency measure commiserate with the emergency medical situation we were dealing with. In my opinion they were never supposed to become permanent. We don't believe any of the businesses were promised that these parklets would be permanent.

We are in agreement with the assessment that the parklets lookterrible. "Shabby" is a nice word as far as we are concerned. The barriers required by Ca|Trans in no way come close to the chann of a European town with sidewalk and/ortown square seating. We cannot picture wrapping them or painting them is going to do anything to change that. Nor do we think that the restaurant owners are going to take care of the parklets in the manner in whichthey should be taken care of. Ifthey cared enough to do so it would already be happening.

We struggle almost daily to ?nd parking in this town. we can illafford to continue giving up those parking spaces. It is unfair to the businesses that are close to the parklets, who might not be restaurants, because it is their customers that get upset about not finding parking near their destination. Every available parking space is important in this town.

We urge you to go with Option Package #1. Please don't allow these unsightly parklets to remain in our beautifullittle town.

Thankyou for your consideration,
Maureen and HalTaylor
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Calistoga, CA 94515
Item #3.1.

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From: James Lindquist
Sent: Friday, October 13, 2023 9:46 AM
To: Public Comment
Subject: '\iew development projects
CAUTION:This email originated from outside oi‘the organization. Do not click links or open attachments unless you recognize the sender and know the cement is safe. _ _ _ _
Perhaps the City of Calistoga needs to slow down on the development. There are several large projects already approved and underway-slow the heck down!
Item #3.1.

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From: Meg Heitz— Sent: Saturday, October 14, 2023 1:57 PM To: PublicComment
Subject: Oral Communications on Mobil Vending Vehicles
CAuTION:Thisemail originated from outside of the organization. Do not clicklinksor open attachments unless you recognize the sender and know the content issafe.

Dear Council Members,
I am writing to give feedback on the chosen locations of the Mobile Vending Vehicles(MW), speci?cally the Silverado Gateway location. The Lake St. location is less than ideal, as it is very congested, even before the MW chose to park there. It has historically been one of the streets where hikers and bikers park to access Oat HillMine Trail. The parked cars take up the entire bike lane(there is no sidewalk), so pedestrians and bikers must utilize a portion of the traffic lane to traverse. The posted speed limitis 25 mph, but cars frequently go much faster on Lake Street. Now add in the MW and its draw of customers who are distracted by their hungry bellies, their car doors opening in the traf?c lane, and making u-turns in the congested area, and all of these conditions converge to make for a dangerous situation for all involved. Additionally, some customers are parking on private property and all lining up/waiting for food on private property.

Seemingly, Brennan Street or Washington Street would be more ideal for the MW, as the roads are wider and sidewalks/curbs exist there, and the locations make speeding less of a factor.

Hoping that the Council willtake time to consider that Lake Street may not be the best location for an MW.

Respectfully,
Meg Heitz
Item #3.1.

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From: Lana Richardson <Iana.b.richardson@gmai|.com>
Sent: Monday, October 16, 2023 1:37 PM
To: Public Comment
Subject Increase pay
CAUTION:This email originated from outside of the organization. Do not click linksor open attachments unless you recognize the sender and know the content issafe.

Mayor Donald Williams.

Vice-Mayor lrais Lopez-Ortega.

Council members Scott Cooper, Kevin Eisenberg, Lisa Gift I propose that the City of Calistoga increase pay to Mayor/Council to maximum allowed. Per my understanding and this article, based on Calistoga population/size, we can pay $950/mo to Council members; $1500/mo to Mayor. As you'll see in article, St Helena has made this change. Isuggest Calistoga make the change also. The pay change would not be effective until after next election but it could make serving on Council more viable for some in the community. Please take action now to pass this.
https://napavalleyregister.com/eedition/page-al /page_84aaff9f-5cea-5043- 944d982107a3<:d94.html3utm_mediurn=soclaI&utm_source=emai|&utm_campaign= user-share
Lana Richardson
Colistoga
Item #3.1.

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From: Claudia Aceves
Sent: Tuesday, October 17, 2023 9:59 AM
To: Public Comment
Subject: Oral Communications for Item 6.1
CAUTION:This email originated from outside of the organixation. Do not clicklime or open attachments unless you recognize the sender and know the content issafe.

Earlierthis year I inquired about where I could locate the Professional Services Agreements for some of the hired consultants.since I couldn’t find the item approvals in any recent city council meetings. Mayor Vl?lliams clari?ed they are not consultants, but employees hired as Ca|PERS retired annuitants. I proceeded to put in a public records request for counci|’s authorization to hire those CalPERS retired annuimnls but a contract was not made available.

Iwas interested in Ieaming about their sen/ices to the city, hourly rates, length of appointment etc. I thought that hiring consultants or retired annuitants required councilapproval and ultimately some kind of contractwhether it be a PSA or a resolution.
l’m happy to see that allthis information has been provided to the council when considering Sandra Meyer, and she sounds likean exceptional interimplanning director from the information provided.

However, it leads me to question again where the resolutions are for the other retired annuitants, or approved contracts for other consultants. There are at least eight who have come on board not as regular full-time employees.

Isn't there a threshold in the amount that can be spent without mecouncil's approval? I am aware that some of them have been paid almost or more than 100k to date,
Citing the government code, the staff report states ‘the governing body of the contracting agency, ie, the CityCouncil of the City of Calistoga, is authorized to appoint a quali?ed retiree...’ why weren't the other retirees presented to council for their approval?
Claudia Aceves
Item #3.1.

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I am against these parklets being discussed this evening at the city council meeting. They profit a few businesses at the expense of others.

Mayor and Councilpersons:

We have a parking problem. There is not enough parking as it is and the lack of these spaces to accommodate the parklets has impacted side streets and made the business of doing business in town more than dif?cult. Think of the people who are in wheelchairs, walkers, using canes jockeying for position with individuals who are seated outside, receiving food being serviced by restaurant employees and the subsequent clean up of food detritus when the customer departs.

Our sidewalks are... CROWDED!
Parklets, outdoor display of merchandise sold inside, sidewalk sandwich board signage - vehicles (over parked) in limited main street parking, displaying advertising on the car door ~ Our main street is beginning to look like Guemeville. Those who comply with city ordinances must surely long for the enforcement of city codes currently being ignored.

Then, there is the issue of image. The current set up is not what I would de?ne as esthetically pleasing. Rather, I think ‘industrial’ is more ?tting. ‘You can't make a silk purse out of a pigs ear.” Many other cities that have parklets still in use seem to be much better when it comes to the design of their outdoor seating. Wood rather than plastic, etc. And, many cities who formerly approved and utilizedparklets are now breaking them down and discontinuing their use allowing the use of parking spaces for parking as originally designed. Imagine! And, the requirement that the City of Calistoga should absorb a portion ofthe cost of these parklets owed to Caltrans should they remain ~ SERIOUSLY??? Thank you for the opportunity to express my concerns.

Jeri Hansen
Item #3.1.

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Vudiana Galvan
From: LanaRichardson
Sent Wednesday, October 25, 2023 621 PM
To: PublicComment
Subject: PublicComment - 10/26/23dosed session; Agenda item 3.2 CAUTION: Thisemailoriginated fromoutsideof the organixatlon. Do not clicklinksor openattachmentsuiilessyaireoognizethe senderandJgigw the content issafe.
7 —
Mayor Williams
Vice Mayor Lopez-Ortega
Council members - Scott Cooper, Kevin Eisenberg, LisaGift As I and others have mentioned in previous public comments and letters to the paper, staf?ng for the Cityof Calistoga has been challenged at many levels overthe past year. There has been significant impact on staf?ng resulting from resignations of employees, others electing early retirement and on-going difficulty recruiting replacements. We have lost valuable resources. While there may be other factors influencing their decisions, many have stated that the City Manager‘s communication and management style has ultimately been a signi?cant factor in their decisions.The other serious result is the ?nancial impact on the City budget. Although I don't have specific amounts, items listed below are undoubtedly costing more and/or providing less return on this considerable investment. consultant fees [ locations - Fees for consultants are typically much more than would be necessary for an employee, even with consideration for benefits- lreferto items 6.1; 6.3; 6.6 on 10/17/23council agenda). Most consultants are working remotely and lack knowledge of/ familiarity with Calistoga. The Interim PB director is on-site only 1 day/wk and available remotely other times. There is a considerable pipeline of projects that need ongoing review and management.

Recruiting for positions using a remote HR person makes hiring even more difficult. The available pool of qualified applicants is further decreased by their knowledge of current City Manager's management style. hours committed —Thepositions consultants are 'staf?ng' are likely budgeted as full time. However, the consultants, as stated above, are signi?cantly less than full time but likelycost much more than a full time employee with bene?ts. recruitment fees - At the recent Planning Commission meeting, Bob Murray Assoc was introduced as recruiting for PB Director. Typical recruiting fees are 20% - 30% of first yr salary of position placed. I believe there are other agencies recruiting for other exec/dirlevel positions. This is a signi?cant expense that is likely not budgeted and could have been avoided.

Attorney fees — interviews with 26 employees were conducted by City attorney’s office for investigation of this issue.

Thisno doubt took many hours at a rate of $200 - $400+/hr. Another considerable expense that likelywasn't budgeted and avoidable.

Council needs to make a decision and take corrective action on this issue immediately.

Lana Richardson
Calistoga
Item #3.1.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Laura Snideman, City Manager
Meeting: City Council - Oct 17 2023
Subject: Appointment of an Interim Planning & Building Director DESCRIPTION:

Consider adopting a Resolution approving the appointment of an Interim Planning & Building Director
RECOMMENDATION:

Adopt Resolution approving the appointment of Sandra Meyer as Interim Planning & Building Director effective October 18, 2023.

BACKGROUND/SUMMARY:

During the active recruitment for a successor Planning & Building Director, a key executive-level position responsible for managing operations of the City’s Planning & Building Department, staff is recommending that the City Council adopt a resolution approving the appointment of Sandra Meyer, a CalPERS retired annuitant, to fill the vacant Planning & Building Director position on an interim basis effective October 18, 2023.

The Planning & Building Director position requires specialized skills and experience, and it is necessary to have an interim director to ensure continuity of operations. Staff recommends that the City Council appoint Ms. Meyer, who has the necessary experience and specialized skills, to fill the vacant Planning & Building Director position on an interim basis as a CalPERS retired annuitant during the recruitment for a regular employee.

The City has contracted with Bob Murray & Associated to manage the recruitment for a permanent appointment to the Planning & Building Director position.

ANALYSIS:

There are state laws and regulations governing post-retirement employment of a CalPERS retiree.

Under Government Code Section 21221(h), the governing body of the contracting agency, i.e., the City Council of the City of Calistoga, is authorized to appoint a qualified retiree to fill a vacant executive or management position on an interim basis during the recruitment to permanently fill the vacant position. Ms. Meyer possesses the necessary experience and specialized skills to fill the position of Planning & Building Director on an interim basis. Specializing in Community Development and Organizational Leadership, Ms. Meyer consults with clients using the experience she gained as the former Community and Economic Development Director for the City of Walnut Creek. With a 35-year career in the public sector focused on municipal planning and management, Ms. Meyer excels at serving communities with management and processing of complex development projects, coordination of planning efforts with economic development objectives and Item #6.1.

project oversight of comprehensive General Plans and Specific Plans, development code updates and downtown revitalization projects.

Ms. Meyer's years of experience include management and oversight of two Specific Plans located within the City of Walnut Creek’s Core Priority Development Area; management of the Housing Division’s work on the multi-year Housing Element Update; project manager for a Development Services Process Improvement Plan (“Development Services Action Plan”) and implementation through two subsequent “Blueprint for Success” City Council adopted documents with over 60 specific, actionable initiatives to guide the improvement of the development services experience in Walnut Creek.

In addition to her significant professional experience, Ms. Meyer earned a Bachelor of Science Degree in Environmental Planning and Management from the University of California, Davis.

To assist CalPERS employers, CalPERS provides a model resolution for public agencies to appoint a retired annuitant to a vacant position for an interim term. Based on the model resolution, attached is a resolution certifying the appointment of Mr. Meyer on an interim basis to a vacant executive position, in accordance with Government Code Section 21221(h).

CEQA STATUS:

Not applicable
FINANCIAL IMPACT:

There is no additional impact, as the $106.51 hourly rate of pay will be funded through the salary savings resulting from the vacant position and will be allocated from the General Fund reserve.

ATTACHMENT(S):

Interim Appointment Resolution
Interim Appointment Employment Letter - Planning and Building Director Meyer APPROVAL(S):

Jessie Catacutan Approved - Oct 05 2023
Laura Snideman, City Manager Approved - Oct 08 2023
Yudiana Galvan, City Clerk Approved - Oct 09 2023
Item #6.1.

RESOLUTION NO. 2023-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA

APPROVING THE APPOINTMENT OF SANDRA MEYER AS

INTERIM PLANNING & BUILDING DIRECTOR
Government Code Section 21221(h)
WHEREAS, Government (Gov.) Code section 21221(h) of the Public Employees’ Retirement Law permits the governing body to appoint a CalPERS retiree to a vacant position requiring specialized skills during recruitment for a permanent appointment, and provides that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits so long as it is a single appointment that does not exceed 960 hours in a fiscal year; and
WHEREAS, the City Council of the City of Calistoga desires to appoint Sandra Meyer as an interim appointment retired annuitant to the vacant position of Planning & Building Director for the City of Calistoga under Gov. Code section 21221(h), effective October 18, 2023; and
WHEREAS, the City Council, the City of Calistoga, and Sandra Meyer certify that Sandra Meyer has not and will not receive a Golden Handshake or any other retirementrelated incentive; and WHEREAS, an appointment under Gov. Code section 21221(h) requires that the retiree is appointed into the interim appointment during recruitment for a permanent appointment; and
WHEREAS, the City of Calistoga has contracted with an executive recruiter and authorized the search for a permanent appointment on October 3, 2023; and WHEREAS, this Gov. Code section 21221(h) appointment shall only be made once and therefore will end on June 30, 2024 and
WHEREAS, the entire employment agreement between Sandra Meyer and the City of Calistoga has been reviewed by this body and is attached herein; and WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and WHEREAS, the maximum base salary for this position is $18,462 and the hourly equivalent is $106.51; the minimum base salary for this position is $15,189 and the hourly equivalent is $87.63; and
WHEREAS, the hourly rate paid to Sandra Meyer will be $106.51; and WHEREAS, Sandra Meyer has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to Item #6.1.

Resolution No. 2023-XXX

this hourly pay rate; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Calistoga hereby certifies the nature of the employment of Sandra Meyer as described herein and detailed in the attached employment agreement and that this appointment is necessary to fill the critically needed position of Planning & Building Director for the City of Calistoga by October 18, 2023 because the Planning & Building Director is a key executive-level position responsible for managing operations of the City of Calistoga’s Planning & Building Department.

PASSED, APPROVED, AND ADOPTED this 17th day of October 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.

October 17, 2023
Ms. Sandra Meyer
Regarding: Interim Planning & Building Director
Dear Sandra:

I am pleased to offer you an interim appointment as a retired annuitant to the vacant position of Planning & Building Director for the City of Calistoga, effective October 18, 2023. Based on a review of your qualifications and work history, including over thirty years of progressively responsible community and economic development experience, most recently for the City of Walnut Creek, you possess the necessary experience and specialized skills to perform the work of Planning & building Director during the recruitment to fill this position.

As the City of Calistoga is a CalPERS employer, please note that any post-retirement employment is governed by CalPERS regulations and statutes. Please refer to the most recent version of the CalPERS publication “A Guide to CalPERS Employment After Retirement” with general information on working after retirement. As of October 9, 2023 this is noted as Publication 33, dated June 2023, and found at https://www.calpers.ca.gov/docs/formspublications/employment-after-retirement.pdf.

Please note that any retired annuitant employment that is deemed unlawful by CalPERS could result in your reinstatement from retirement.

This letter outlines the terms of the City’s offer of an interim appointment as a retired annuitant to the position of Community Development Director.

1. A retired annuitant is classified as an hourly, temporary, at-will employee and is not represented by any of the City’s bargaining units or groups.

2. Your hourly pay rate during your interim appointment as Planning & Building Director will be $106.51.

This hourly rate is not less than the minimum rate of $87.63 or more than the maximum rate of $106.51 for the Planning & Building Director position as listed on the City’s publicly available Salary and Wage Plan.

3. You are not eligible to receive any benefit, incentive, compensation in-lieu of benefits, or any other form of compensation in addition to the hourly pay rate. The City will not collect or pay any retirement contributions for your retired annuitant work.

4. In accordance with CalPERS regulations, the City will report your pay rate and all hours worked as a retired annuitant to CalPERS.

5. The City is currently in the process of recruiting for the position of Planning & Building Director. In accordance with Government Code Section 21221(h), a retiree can be appointed only once as an interim employee to a vacant position during the recruitment for a permanent replacement. It is anticipated that your interim appointment will continue until the recruitment of the Planning & Building Director is

CITY OF CALISTOGA
1232 Washington Street • Calistoga, CA 94515
Telephone 707-942-2800
Fax 707-942-0732
www.ci.calistoga.ca.us
Item #6.1.

Interim Community Development Director Appointment
Employment Offer Letter to Sandra Meyer

completed and a new director is appointed. However, in no case will your interim appointment end later than June 30, 2024. Should you accept appointment to this at-will position, you will serve at the will of the City Manager and the City may terminate your appointment at any time.

6. Your regular work week will be up to forty (40) hours per week, with occasional work required in evenings or on weekends depending upon work demands. You are eligible for overtime pay as allowed and as is required by the Fair Labor Standards Act. However, as a CalPERS retired annuitant, you will also be subject to Government Code Section 21221(h) and can work no more than 960 hours in a fiscal year (July 1 - June 30), for employment with all CalPERS employers combined. You will be responsible for informing the City of the hours you work for any other CalPERS employers in the same fiscal year.

7. Upon accepting employment, you must certify in writing to the City of Calistoga that you have been retired for more than 180 days and did not receive any unemployment insurance payments within the twelve (12) months prior to this appointment for previous retired annuitant work with any CalPERS employer.

Please let me know if you have any questions regarding this letter or any aspects of this offer of employment. I may be reached directly at (707) 942-2806 or via e-mail at [email protected]. I look forward to working with you during your interim appointment and welcome you to our City of Calistoga team! Sincerely,
Laura Snideman
City Manager
ACCEPTANCE OF OFFER:

Government Code Section 7522.56 provides that a retiree cannot be appointed to post- retirement employment if the retiree received unemployment insurance compensation for any prior retired annuitant work for any public employer during the twelve (12) month period prior to the appointment date. I understand and certify that I am in compliance with this requirement.

I certify that I have reached the normal retirement age for my retirement benefit formula(s) and a bona fide separation in service is not required and/or I have been retired for more than 180 days.

I, Sandra Meyer, accept this offer of employment as a retired annuitant appointed as Interim Community Development Director effective October 18, 2023.
___________________________________ ____________________ Signature Date Signed
Item #6.1.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Yudiana Galvan, City Clerk
Meeting: City Council - Oct 17 2023
Subject: Approving Minutes of September 19, 2023 - October 3, 2023.

DESCRIPTION:

Consider Adopting Minutes.

RECOMMENDATION:

Approve the Minutes as Submitted
BACKGROUND/SUMMARY:

Adopt the Minutes of the Following Meetings:
 9/19/23 - Special City Council Meeting
 9/19/23 - Regular City Council Meeting
 10/3/23 - Special City Council Meeting
 10/3/23 - Regular City Council Meeting
CEQA STATUS:

No Impact
FINANCIAL IMPACT:

None
ATTACHMENT(S):

9.19.23 CS MINUTES

9.19.23 MINUTES

10.3.23 SM MINUTES

10.3.23 MINUTES
APPROVAL(S):

Jessie Catacutan Approved - Oct 05 2023
Laura Snideman, City Manager Approved - Oct 08 2023
Yudiana Galvan, City Clerk Approved - Oct 09 2023
Item #6.2.

APPROVED:

MINUTES

CALISTOGA CITY COUNCIL

SPECIAL CLOSED SESSION
Tuesday, September 19, 2023 - 4:00 PM
Virtual
A. CALL TO ORDER – ROLL CALL
Mayor Williams called the special meeting to order at 4:05 p.m.

Present
Remotely:

Mayor Williams, Vice Mayor Lopez-Ortega, Councilmember Eisenberg and Councilmember Cooper (logged in directly to the closed session).

Recused: Council Member Gift – due to property proximity conflict Also Present Remotely: City Manager Snideman and City Attorney Kenyon B. ORAL COMMUNICATION
There was no public comment.

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: Napa County CEO, Ryan Aslop
Under Negotiation: Price and/or Terms for Payment for Potential Purchase of Property D. ADJOURNMENT
Mayor Williams adjourned the closed session Special City Council Meeting at 5:30 p.m.

Respectfully Submitted
Prepared by: Approved by:
_________________________ __________________________
Yudiana Galvan, City Clerk Donald Williams, Mayor
Item #6.2.

MINUTES

CALISTOGA CITY COUNCIL - REGULAR MEETING
Tuesday, September 19, 2023 - 6:00 PM

1. Call to Order/Roll Call/Pledge of Allegiance and Optional Patriotic Activity Mayor Williams called the regular session to order at 6:03 p.m.

Present: Mayor Williams, Councilmembers Eisenberg, Cooper and Gift.

Absent: Vice Mayor Lopez-Ortega

2. REPORT FROM CLOSED SESSIONS
Mayor Williams stated there was a closed session on 8/17/23 for a City Manager Evaluation, on 9/1/23 for Real Property Negotiations on Washington Street properties and on 9/19/23 for Real Property Negotiations on the Fairgrounds. There is no reportable action from any of the meetings.

3. ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS There was no public comment.

4. CITY MANAGER’S REPORT
There was no report by City Manager Snideman.

5. PROCLAMATIONS/PRESENTATIONS/ AWARDS

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

Police Chief Celaya Presented.

There was public comment from David Ross in regard to a lack of follow-up by PD in his case.

6. CONSENT CALENDAR
Mayor Williams pulled item # 6.5 for discussion.

Motion by Councilmember Cooper and seconded by Councilmember Gift to adopt the Consent Calendar as presented, except for Item # 6.5.

AYES: Mayor Williams, Councilmembers Eisenberg, Cooper and Gift.

NOES: None
ABSTAIN: None
ABSENT: Vice Mayor Lopez-Ortega

6.1. Adoption of Resolution No. 2023-66 Amending Consultant Agreement # 929 for OnCall Human Resources (HR) Services.

6.2. Adoption of Resolution No. 2023-67 Identifying the Terms and Conditions for Fire Department Response Away From Their Official Duty Station and Assigned to an Emergency Incident
Item #6.2.

City Council Minutes
September 19, 2023

6.3. Adoption of Resolution No. 2023-68 Consider adopting a Resolution to amend the Personnel and Staffing Listing and the Salary Schedule - Public Safety Communications Manager & Maintenance Technician I.

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

6.5. Adoption of Resolution No. 2023-69 accepting 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.

Mayor Williams pulled this item for discussion and Councilmember Eisenberg had to recuse himself due to a property proximity conflict.

Mayor Williams stated for the record that the property owner stated via email that he accepts granting the easement, if a tentative map approved tonight shows that the connecting pipe to the detention pond and the berm are addressed as part of the final subdivision construction plans.

6.6. Adoption of Resolution No. 2023-70 approving a Professional Services Agreement with SDI Presence, LLC for On-Demand Chief Information Officer

7. PUBLIC HEARING - NO ITEMS

8. GENERAL GOVERNMENT

8.1. Adopting Resolution No. 2023-71

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

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

Presented by Public Works Director Derek Rayner
The Council discussed this item. Mayor Williams made a motion to approve the item with the exception of the Maxfield Pathway project, there was no second and The Council discussed it further.

Motion by Councilmember Eisenberg and seconded by Councilmember Gift to approve all three projects.

Item #6.2.

City Council Minutes
September 19, 2023
APPROVED: 10/17/23
AYES: Councilmembers Eisenberg, Cooper and Gift.

NOES: Mayor Williams
ABSTAIN: None
ABSENT: Vice Mayor Lopez-Ortega
Councilmember Gift requested a 5-minute recess at 6:59 pm, the meeting was back in session at 7:03 pm.

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

Presented by Public Works Director Derek Rayner and Raftelis Consultant Kevin Kostiuk.

There was public comment by Antoinette Meyer with environmental impact concerns, Donna Higgins asked for more information about grants and David Ross is concerned there is not enough public involvement and the seniors on a fixed income’s ability to pay their water bill.

Councilmember Eisenberg made a motion, seconded by Councilmember Cooper to direct staff to proceed with Rate Scenario 1, with a 2-tier system and a drought rate that will only be implemented with Council approval as a last resort. Council directed that all City subsidized programs for water bill help be made available to all qualifying citizens.

9. COUNCIL REPORTS
Councilmember Cooper attended a fire safety meeting and a Boy Scouts meeting.

Councilmember Eisenberg attended a Climate Action Control Meeting.

Mayor Williams attended Fairground meetings. The Mayor requests that PD and FD present an emergency preparedness plan in a future meeting showing the City evacuation procedures etc.

10. ADJOURNMENT
Mayor Williams adjourned the meeting, at 8:40 p.m.

Respectfully Submitted
Prepared by: Approved by:

Yudiana Galvan, City Clerk Donald Williams, Mayor
Item #6.2.

APPROVED: 10/17/23

MINUTES

CALISTOGA CITY COUNCIL

SPECIAL CLOSED SESSION
Tuesday, October 3, 2023 - 5:00 PM
Virtual
A. CALL TO ORDER – ROLL CALL
Mayor Williams called the special meeting to order at 4:01 p.m.

Present
Remotely:

Mayor Williams, Vice Mayor Lopez-Ortega, Councilmember Eisenberg and Councilmember Cooper.

Recused: Council Member Gift – due to property proximity conflict Also Present Remotely: City Manager Snideman and City Attorney Kenyon B. ORAL COMMUNICATION
There was no public comment.

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: Napa County CEO, Ryan Aslop
Under Negotiation: Price and/or Terms for Payment for Potential Purchase of Property D. ADJOURNMENT
Mayor William's adjourned the closed session Special City Council Meeting at 5:20 p.m.

Respectfully Submitted
Prepared by: Approved by:
_________________________ __________________________
Yudiana Galvan, City Clerk Donald Williams, Mayor
Item #6.2.

MINUTES

CALISTOGA CITY COUNCIL

REGULAR MEETING
Tuesday, October 3, 2023 - 6:00 PM

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 and Councilmembers Eisenberg, Cooper and Gift.

Absent: None

2. REPORT FROM CLOSED SESSIONS
Mayor Williams stated there was a closed session held this afternoon regarding real property negotiations; there was no reportable action.

3. ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS There was public comment from Doug Allen asking the Council’s salary be raised and for better management of Staff, John Gleazer commented about the need for more bike racks and possibly designating a parking area just for bicycles, Dan Herndon stated there was police activity in his neighborhood and a Nixle was not issued, he asked that timely informative Nixles be made a priority. Rick Kaiser stated the City has an employee retention issue because of poor management and called for the Council to address the problem, and Dave Ross spoke about the Council not vetting management employees sufficiently.

4. CITY MANAGER’S REPORT
City Manager Snideman reported that the Parks and Rec programs are in full swing and youth soccer is thriving. Also, there is to be a County-wide cornhole competition.

5. PROCLAMATIONS/PRESENTATIONS/ AWARDS - NO ITEMS

6. CONSENT CALENDAR - NO ITEMS

7. PUBLIC HEARING - NO ITEMS

8. GENERAL GOVERNMENT

8.1. Presenting the final rate proposal and asking the Council to authorize staff to mail customer notices to begin the Proposition 218 rate adoption process and set a public hearing date of December 5, 2023.

Public Works Director Derek Rayner, Raftelis Consultant Kevin Kostiuk and attorney Megan Burke presented.

There was public comment from Jeri Hanson, she asked if it was true that not all mobile home residents are able to file a protest against the new rates. Attorney Burke confirmed that per CA Gov't Code Section 53755 only one protest per parcel would be accepted. Donna Higgins and Dan Herndon checked that their math was correct against the chart and spoke against the new rates.

Item #6.2.

City Council Minutes
October 3, 2023
Council discussed the item and asked questions.

A motion was made by Councilmember Gift and Seconded by Vice Mayor LopezOrtega to approve the utility rate proposal and authorize Staff to notify customers, to begin Proposition 218 process for rate adoption and set the public hearing date of December 5, 2023.

AYES: Councilmembers Eisenberg, Cooper and Gift, Vice Mayor LopezOrtega and Mayor Williams NOES: None
ABSTAIN: None
ABSENT: None

9. COUNCIL REPORTS
Councilmember Eisenberg reported that he attended an NVTA meeting in regard to Measure T and the Vine Trail delay. He also attended a Climate Action Committee meeting.

Councilmember Eisenberg is concerned about the S. Oak to N. Oak bridge project, he had not realized it was not in the budget but urges PW to use the grant money for it before we lose it. Also, he is concerned with all the empty storefronts and wondered if a Vacant Building Fee is possible.

Vice Mayor Lopez-Ortega reported that she attended a Flood Control meeting and the CalCities Conference and brought back very useful info to the City.

Councilmember Cooper has nothing to report and Mayor Williams stated he and Councilmember Cooper continue to tend to Fairground meetings.

Councilmember Gift stated that she and her son have been enjoying the Parks and Rec youth soccer program and is grateful the City is able make it possible.

10. ADJOURNMENT
Mayor Williams adjourned the meeting, at 7:15 p.m.

Respectfully Submitted
Prepared by: Approved by:

Yudiana Galvan, City Clerk Donald Williams, Mayor

APPROVED: 10/17/23
Item #6.2.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Laura Snideman, City Manager
Meeting: City Council - Oct 17 2023
Subject: Resolution Amending the Personnel and Staffing Listing and the Salary Schedule by adding Deputy Finance Director.

DESCRIPTION:

Consider approval of a Resolution that amends the Salary Schedule by adding the classification of Deputy Finance Director, and amends the Personnel and Staffing Listing by deleting one Accountant and adding one Deputy Finance Director.

RECOMMENDATION:

Adopt a resolution amending the Personnel and Staffing Listing and the Salary Schedule.

BACKGROUND/SUMMARY:

In March 2023, the Regional Government Services Authority conducted, on the City’s behalf, the recruitment for Accountant. This is a lead worker position within the Administrative Services Department.

Unfortunately, there was only one candidate who met the minimum qualifications for the position and after an initial screening the City did not extend an employment offer.

City staff reviewed the Administrative Services Department’s need following this unsuccessful recruitment.

This review culminated in the decision that the Department and City would be better served with a supervisory position with more extensive accounting experience and responsibilities. Primary differences between the Accountant and the new classification of Deputy Finance Director are shown below. In brief, the Deputy Finance Director performs the work of the Accountant plus higher skilled accounting/finance activities plus supervision of assigned staff.

Accountant Deputy Finance Director
Supervision Exercised Lead worker Supervisor
Class Characteristics
Under supervision of the Director,
may be assigned systems
accounting work as well as
analysis, evaluation and
interpretation of laws, regulations
and financial transactions.

Under general director of the
Director, responsible for finance
programs or functional areas
including professional accounting
duties, preparation of financial
reports and/or statements;
supervision of assigned staff.

Qualifications
BA in related field plus 4 years of
governmental accounting
experience.

BA in related field plus 5 years of
public sector finance experience
including 2 years of lead
worker/supervision. Additional 5
Item #6.3.

years experience may substitute
for the BA. Licensed CPA may
substitute for the years of
experience.

Based on a compensation study of the City’s comparable agencies, a top step salary of $13,569 per month is proposed. The Deputy Finance Director would be placed in the City’s unrepresented management unit and is exempt from overtime.

The proposed Resolution establishes the salary range for Deputy Finance Director and amends the authorized staffing levels by deleting the (vacant) Accountant position and adding the (to be filled) Deputy Finance Director position.

CEQA STATUS:

Not applicable.

FINANCIAL IMPACT:

Assuming hiring of the Deputy Finance Director by calendar year end, the City will realize a FY 2023/24 budgetary savings of approximately $21,841. The fiscal impact in FY 2023/24 is projected at $76,243 and will be incorporated in the development of next fiscal year’s budget.

ATTACHMENT(S):

Staff Report Deputy Finance Director RESOLUTION
APPROVAL(S):

Jessie Catacutan Approved - Sep 21 2023
Laura Snideman, City Manager Approved - Oct 08 2023
Yudiana Galvan, City Clerk Approved - Oct 09 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 THE SALARY SCHEDULE
WHEREAS, following an unsuccessful recruitment to fill the vacant Accountant position, City staff reviewed the staffing need within the Administrative Services Department. This review resulted in the determination that a supervisory classification of Deputy Finance Director better serves the needs of the Administrative Services Department and of the City.

WHEREAS, having reviewed the fiscal staffing needs within the Administrative Services Department, the City Manager recommends amending the authorized Accountant position to a Deputy Finance Director position; and
WHEREAS, having conducted a compensation survey of the City’s comparable agencies, the City Manager recommends a top monthly salary of $13,569 per month for Deputy Finance director; and
WHEREAS, the classification of Deputy Finance Director is a new classification and the City needs to establish a salary.

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

Amendment to the Personnel and Staffing Listing:

Allocation
Department Classification
Effective
Date Current Proposed Change
Admin. Svs. Accountant 10-17-23 1.0 0.0 -1.0
Admin. Svs. Finance Deputy Director 10-17-23 0.0 1.0 1.0 Net Change 0.0
Amendment to the Salary Schedule, effective October 17, 2023:

Classification Step 1 Step 2 Step 3 Step 4 Step 5 FLSA
Dep Fin Director
Monthly
Hourly
$11,163.26
$64.4034
$11,721.42
$67.6236
$12,307.49
$71.0048
$12,922.86
$74.5550
$13,569.00
$78.2827
Exempt
The Deputy Finance Director is an unrepresented mid-management classification.

PASSED, APPROVED AND ADOPTED this 17th day of October 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:

Item #6.3.

NOES:

ABSENT:

ABSTAIN:

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 - Oct 17 2023
Subject: Proclaiming October Domestic Violence Awareness Month DESCRIPTION:

Proclaiming October as Domestic Violence Awareness Month RECOMMENDATION:

Consider adopting a proclamation by request from NEWS Napa Valley BACKGROUND/SUMMARY:

In FY 2022/2023, NEWS assisted nearly 1,800 survivors who were experiencing domestic violence and sexual assault, and served 44 clients from the City of Calistoga, including children. The NEWS Help Line received 48 calls for assistance from Calistoga residents. Clients from Calistoga received emergency assistance and crisis intervention services including food, clothing and financial assistance; court advocacy and accompaniment, including help preparing and filing restraining orders; and support from our Domestic Violence Response Team for after-hours crisis response.

Every year since 1989, the United States Congress has proclaimed October as Domestic Violence Awareness Month, renewing our Country’s commitment to standing against domestic violence and meeting the needs of survivors.

CEQA STATUS:

No Impact
FINANCIAL IMPACT:

None
ATTACHMENT(S):

Proclamation - NEWS Domestic Violence Month
APPROVAL(S):

Jessie Catacutan Approved - Oct 02 2023
Laura Snideman, City Manager Approved - Oct 08 2023
Yudiana Galvan, City Clerk Approved - Oct 09 2023
Item #6.4.

CITY OF CALISTOGA

PROCLAMATION

DOMESTIC VIOLENCE AWARENESS MONTH
October 2023
WHEREAS, NEWS, Domestic Violence and Sexual Abuse Services is commemorating 42 years of service to survivors of domestic violence in Napa County, having opened the first confidential safe house on October 5th 1981 and began providing safety to those escaping abuse; and
WHEREAS, every year since 1989, the United States Congress has proclaimed October as Domestic Violence Awareness Month, renewing our Country’s commitment to standing against domestic violence and meeting the needs of survivors; and WHEREAS, domestic violence is a public health concern that impacts the well-being and success of individual community members, as well as the community as a whole. Data from the U.S. Center of Disease Control’s National Intimate Partner and Sexual Violence Survey (NIPSVS) show that nearly 1 in 4 women and 1 in 9 men in the U.S. report experiencing severe physical violence from an intimate partner in their lifetime while nearly half of U.S. adults have experienced psychological aggression such as humiliating or controlling behaviors from their partner. Domestic violence can cause severe physical and emotional distress for survivors who are more likely to become suicidal and lose economic opportunities from the abuse. Children who witness abuse are likely to experience abuse themselves and are often used to control other family members which can have lifelong impacts on their mental health. Aside from the obvious physical and emotional trauma inflicted, domestic violence contributes to over 10% of all intentional violent deaths (not including suicide) and costs America over 8 billion dollars a year.

WHEREAS, by observing October as Domestic Violence Awareness Month we show that our community is committed to supporting survivors and working toward the prevention of domestic violence among future generations; and
WHEREAS, in Fiscal Year 2022/2023 NEWS provided services to nearly 1,800 of our Napa County community members, including 24-hour response, assistance with protective orders, safety and shelter, permanent housing, financial aid, support groups and children’s services, for issues related to violence in the home; and NOW, THEREFOR IT BE RESOLVED, that the Calistoga City Council does hereby proclaim October 2023 as “Domestic Violence Awareness Month”, and encourages all residents of Calistoga to honor domestic violence survivors and those who serve them during this month and throughout the year.

Dated this 17th Day of October 2023
Item #6.4.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Oct 17 2023
Subject: Notice of Completion for the Emergency Equalization Pond Liner Replacement Project
DESCRIPTION:

Consideration of a Resolution Accepting a Notice of Completion for the Emergency Equalization Pond Liner Replacement Project.

RECOMMENDATION:

Consider adopting the resolution.

BACKGROUND/SUMMARY:

On June 6, 2023, the City Council approved a construction budget in an amount not to exceed $475,000 and awarded a contract in the amount of $392,428 to Eakle Construction & Trucking, for construction of the Emergency Equalization Pond Liner Replacement Project. The Notice to Proceed was issued on June 20, 2023. The construction of the Emergency Equalization Pond Liner Replacement Project was completed on September 26, 2023, in conformance with approved contract documents.

Staff recommends that the project constructed by Eakle Construction & Trucking be accepted as complete, and the Council adopt the Resolution.

CEQA STATUS:

The recommended action is not a project under the definitions contained in the Guidelines of the California Environmental Quality Act (CEQA) and is therefore exempt from CEQA.

FINANCIAL IMPACT:

The total construction cost was $425,714 which was within the approved construction budget of $475,000. Construction expenses included a construction contract of $392,428 and one change order totaling $33,286. Construction management and inspection was performed by City Staff.

ATTACHMENT(S):

1. Draft Resolution

2. Notice of Completion
APPROVAL(S):

Item #6.5.

Jessie Catacutan Approved - Oct 09 2023
Laura Snideman, City Manager Approved - Oct 09 2023
Yudiana Galvan, City Clerk Approved - Oct 10 2023
Item #6.5.

ATTACHMENT 1
RESOLUTION NO. 2023-XXX

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

NAPA, STATE OF CALIFORNIA ACCEPTING AS COMPLETE THE EMERGENCY

EQUILIZATION POND LINER REPLACEMENT PROJECT, CONSTRUCTED BY

EAKLE CONSTRUCTION AND TRUCKING, AND AUTHORIZING THE PUBLIC

WORKS DIRECTOR TO FILE A NOTICE OF COMPLETION
WHEREAS, the City of Calistoga entered into a contract on June 6, 2023, with Eakle Construction and Trucking for the Emergency Equalization Pond Liner Replacement Project.; and
WHEREAS, Eakle Construction and Trucking completed the work required by the contract on September 26, 2023, to the satisfaction of the City Engineer; and WHEREAS, the City Council now desires to accept the Project as complete.

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

1. Accepts as complete the work for the Emergency Equalization Pond Liner Replacement Project constructed by Eakle Construction and Trucking.

2. Authorizes the Public Works Director to file a Notice of Completion with the Napa County Recorder and process final payment in accordance with the Contract documents.

PASSED, APPROVED AND ADOPTED this 17th day of October, 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 #6.5.

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

CITY OF CALISTOGA
1232 WASHINGTON STREET
CALISTOGA, CA 94515
Attn: Public Works Department
Exempt From Recording Fees
Section 27383 Gov't. Code

NOTICE OF COMPLETION
Notice is hereby given that:

1. The undersigned is the owner of the interest or estate stated below in the property described below.

2. The name of the undersigned is City of Calistoga.

3. The address of the undersigned is:
1232 Washington Street
Calistoga, CA 94515

4. The nature of interest or estate of the undersigned is fee ownership, as well as ownership of the certain improvements located thereon.

5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: None

6. The names of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of work of improvement herein referred to are: None

7. A work of improvement on the property hereinafter described was completed on September 26, 2023.

8. The name of the original contractor, if any, for the work of improvement was Eakle Construction & Trucking.

9. The kind of work done or material furnished was Emergency Equalization Pond Liner Replacement Project.

10. The property on which the work of improvement was completed is in the City of Calistoga, County of Napa, State of California, and is described as follows:
1100 Dunaweal Ln,
Calistoga, CA 94515
City of Calistoga, Owner
Dated: Signed:

Derek Rayner, Public Works Director
ATTACHMENT 2 Item #6.5.

VERIFICATION
I, the undersigned, say:

I am the person who signed the foregoing notice. I have read the above notice and know its contents, and the facts stated therein are true of my own knowledge.

I declare under the penalty of perjury that the above is true and correct.

Executed at Calistoga, California, this 17th day of October 2023.

City of Calistoga
Derek Rayner, Public Works Director
Item #6.5.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Laura Snideman, City Manager
Meeting: City Council - Oct 17 2023
Subject: Amendment to Consultant Agreement No. 950 for Financial Management Services
DESCRIPTION:

Amendment No. 1 to Agreement No. 950 for Financial Management Services with Municipal Resources Group, LLC (MRG).

RECOMMENDATION:

Consider approving Amendment No. 1 to Agreement No. 950 for Financial Management Services with Municipal Resources Group, LLC (MRG) (Attachment 1) to(1) amend the time of performance of the agreement from October 31, 2023 to October 31, 2024; (2) increase the compensation amount by $225,000 for continued Financial Management services not to exceed a total contract amount of $250,000; (3) extend the one year base contract to include two (2) one-year contract extension options through October 31, 2026 for a total contract amount not to exceed $250,000 annually; and (4) authorize the City Manager, or her designee to, to execute the agreement.

BACKGROUND/SUMMARY:

On September 5, 2023, the City entered into an agreement with MRG for Financial Management services under the City Manager’s signature authority in the amount of $25,000.

The City would now like to amend the contract to include additional funding for continued financial management services; amend the terms of the contract date from October 31, 2023 to October 31, 2024, and amend the terms of the contract to include two (2) one (1) year contract extensions.

ANALYSIS:

A recruitment is underway for the Administrative Services Director. The City Manager recognizes that until the Administrative Services Director position is filled, the services of a professional financial management consultant, with significant public sector knowledge and experience, is necessary for the city to remain in compliance with local, state, and federal laws and regulations.

CEQA STATUS:

Not Applicable
FINANCIAL IMPACT:

Funds for the contract amendment will be paid from 01-4108-4402. The cost is within the budget appropriated in account number01-4108-4301 as salary savings will fund the contract services.

Item #6.6.

ATTACHMENT(S):

MRG Contract Amendment Attch 1 Agreement 950 Amendment 1 MRG Contract Amendment Attch 2 950 Finance Services_Signed APPROVAL(S):

Jessie Catacutan Approved - Oct 10 2023
Laura Snideman, City Manager Approved - Oct 10 2023
Yudiana Galvan, City Clerk Approved - Oct 10 2023
Item #6.6.

AMENDMENT No. 1
to
AGREEMENT No. 950 FOR CONSULTANT SERVICES
This Amendment No.1 (“Amendment”) to Agreement No. 950 (“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 September 5, 2023, the City entered into an agreement with MRG for Financial Management services under the City Manager’s signature authority in the amount of $25,000, and
WHEREAS, The City would now like to amend the contract to include additional funding for continued financial management services, and WHEREAS, The City wishes to amend the time of performance of the agreement to October 31, 2024; and
WHEREAS, the City wishes to amend the terms of the contract from a one (1) year base contract expiring October 31, 2024, to include two (2) one (1) year contract extension options through October 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 $225,000 for a total not to exceed amount of $250,000 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 time of performance to expire on October 31, 2024, and amend to the one (1) year base contract expiring October 31, 2024, to include two (2) one (1) year contract extension options through October 31, 2026.

Item #6.6.

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 #6.6.

Agreement No. 950
A<..au:EMEN'I FOR CONSULTANT SEHVICES
This /\.grecment for Consultant Sen·iccs (the ".,\grecrncnt") is made and entered into this ______ day of ________ . by and bet\\een THL: CITY OF CALISTOC1A. a municipal corporation (hereina/'ter referred to as "CITY") and Municipal Resource Group. LLC a limited liability corporation (hereinafter relcrrcd to as "CONSl 11.TANT"J. ClTY and CONSl ,I.TANT may be referred to indiYidually as ··Party·· and cnllccti,ely as the ··Parties:·

RECITALS
WHFRF;\S. CITY requires high lc,el management support and coordination. project support and budget assistance services in connection with the ongoing work of the city"s Finance Depart111ci1t: and
\VHF.REAS. COT\Sl 11.T ANT is qualified to perform such sen·ices: and WI IFRF.;\S. COJ\Slll .TA\JT has agreed to provide CITY with such sen·ices on the terms and conditions set forth herein.

NOW. TIIFRFFORF. for the considerations hereinancr set forth. CONSULTANT and CITY agree as f'ollows:

ARTICLE 1 - SCOPF OF SFRVICFS

1.1. Scope of Work. CONSlJLT/\NT agrees to furnish the scr,iccs set forth in Exhibit/\.

Scope of Work. \\hich is attached hereto and incorporated herein (the "Sen ices").

1.2. Compliance with Law. The ScrYices shall he performed in accordance with all aprlicahlc f'cderal. state and local b\\'S. ordinances. rules. regulations and orders. l .3 . Time is of the Essence. CONSl !LTANT agrees to diligently prosecute the Scn·iccs. ln the performance of this Agreement. ti me is of the essence.

1.4. Professional Competence. CONSl lLTANT represents that it has the professional skills necessary to perform the Sen ices and that it \\ill perform the Sen ices in a skill Cul and professional manner. CONSULTANT represents that it has all the necessary licenses to perform the Sen·ices and shall maintain them throughout the term of this Agreement.

CONSUi .Ti\l\T agrees that th1: Services shall be pcrl<xmcd in the manner and according to the standards obse1Tcd by a competent practitioner of the profession in which CONSl ILTJ\NT is engaged. in the same or similar geographical area in which CONSl ILTANT practices its proJ'cssion. and \\·ill rrepare all work products required hy this Agreement in accordance with such standards. CITY and CONSl1 LTANT agree that
CONSULTANT is in responsible charge or the Services and CITY shall hm c no control O\ er the method or means of performance of the Sen ices. Acceptance by CITY ol'thc Scn·ices docs not operate as a release of CONSl JI.TANT from protcssional responsibility for the Se1Ticcs performed.
- 1 -
5th September 2023
Item #6.6.

1.5. ImlcpcncJent Contractor. CONSULTANT is an independent contractor and not an employee of' CITY. CONSLLTANT expressly warrants that it\\ ill not represent that it is an employee oCCITY. Persons employed or utilized by COl\SllLTAJ\T in the pe1-l'or111ance or the Sen ices\\ ill not be employees or agents oi' CITY. CONSLll.l/\N'I is solely responsihle for the payment of employment taxes incurred under this Agreement and an~ si1nilar federal or state taxes.

1.6. Confidentiality. CONSUi.TANT agrees to maintain in confidence and not disclose to any person, firm. gm crn111cntal entity. or corporation. without CITY's prior,, rittcn consent. an:y trade secret or confidential information. knowledge or data relating Lo the products. process, or operation or Cl TY. COJ\SULTANT further agrees to maintain in confidence and not to disclose to any person. Jirm. governmental entity. or corporation any data. information. technology. or material de,eloped or obtained by CONSUi.TANT during the perfonmmce of the Services. The cmTnants contained in this Section 1.6 shall surYin· the termination or this Agreement for whatc\'er cause.

1. 7. Ownership of Material. Any rcpo11s and other material prepared by or on behalf of CONSULTANT under this Agreement (collecti,ely. the "Documents") shall be and remain the property oCCITY. J\11 Documents not already JXO\ idcd to CITY shall be deliYered to CJTY on the date of termination of this Agreement for any reason. The Documents may be used by CIT'{ and its agents. employees. representatives. and assigns. in whole or in part. or in modi lied fi._1rm. for all purposes CITY may deem appropriate without further employment of or payment o~' any compensation to C()1\SlJI. T,\NT.

1.8. Documentation. CONSLI.TJ\NT shall keep and maintain full and complete doculllentation and accounting records. employee tilllc sheets. and correspondence pertaining to the performance of the Sen·ices. and CONSLLTANT shall make such documents a\ailable ror re\ie,\ and/or audit by CITY and CTI Y's representati, es at all reasonable times for at least four years after the termination of this !\grcement or completion of the Sen ices.

1.9. Testimony. CONSlll.TJ\NT agrees to testify at CTTY's request if litigation is brought against ClTY in connection" ith the Sen·ices. l :nless the action is brought hy CONSULTANT or is based upon CONSULTi\:\T's negligence. CITY\\ ill compensate CO\!SUI .TJ\NT !'or the preparation and the testimony at C01\SUI .T;\NT's standard hourlv rates.

ARTICLE~ - COiv1Pl::NSAJ'JON

2.1. Compensation. Compensation for the SerYiccs shall be in accordance with Exhibit R.

Compensation. attached hereto and incorporated herein. It is agreed that the compensation lor the Ser\'ices shall not exceed Twent) -Fi, c Thousand dollars ($25.000) ( "Cost Ceiling").
1 ..., Invoices. CONSULTANT shall submit monthly inYoices in a fo1111 satisfactory to ClTY on or before the tenth day of each month for Scn·ices 1wm·idcd during the preceding month. COI\Slll .TA\IT shall submit time and cost records as neccssan· to substantiate Item #6.6.

performance of the Se1Yiccs. Within -15 days after receipt of each such inniice. CITY shal 1 , cri fy the accuracy of the inYoice. correct the c barges ,, here appropriate and as discussed and mutually agreed with CONSllLT:'\l\T. and make payment to CONSULTAl\T in an amount equal to the amount of such imoice. as ,erified or corrected by CITY. No payment hereunder shall be construed as e,idence or acceptance of' an:,.· of' CONSUi . l'ANT's work. CITY resen es the right to,, ithhold payment IJ·om C<Jl\SUI.T/\NT on account or Sen ices not pe,'f'ormcd satisfactorily. delays in COl\SULTi\.NT's perfor111ance of Scn·iccs. or other defaults hereunder. CONSULT/\1\T shall not stop or delay performance of the Sen-ices under this Agrec111ent on account ot' JXl) mcnt disputes \Yith CITY.

2.3. Status Reports. Together with each monthly im oice. CONSLLT J\l\T shall submit a status report detailing the amount expended on the Services to that date and the remaining amount to he expended before the Cost Ceiling is reached. CONSULTANT shall notify CITY in \Hi ting \\hen payments hme reached 90 percent of the Cost Ceiling.

2.4. Withholc.Iing. ln lieu of holding retention. CITY shall ,Yithhold CONSlJI.T;\NT's final payment until the Sen ices are complete and CIT'{ has recei, ed all Documents.

CONSULTANT shall diligent!) continue and complete perl·ormance or the Sen ices ir the Sen ices arc not complete at the time CONSUi .Ti\NT has performed services up to the Cost Ceiling.

ARTICLE 3 - TIME OF PLRH)Rl'vt!\NCE

3.1. Effccth c Date. This Agreement shall become effccti,-c upon execution nfthe second signature and shall remain in full force and effect until the SerYiccs arc completed (the "Term"). CONSlJI .T/\NT agrees to complete all scrYiccs by October~ 1. 202~.

3.2 . Termination. This Agreement may he terminated at any time hy CITY upon \\Tittcn notice to CONSULTANT.

3.3 . Final Payment. CO\/Sl JLT/\NT shall he cntitlcd to compensation for Scn·iccs performed up to the time of such termination. it being understood that any payments arc full compensation Cor the Services rendered under this Agreement.

3.4. Other Remedies. \Jothing in this Article -1 sh~ill he deemed to limit the respccti,c rights or the parties to terminate this Agreement lor cause or othern ise to exercise any rights or pursue any remedies \Yhich may accrue to them .

ARTTCLE 4 - Dl-:SIC1N/\TJ--:D CON !'ACTS

4. J. CITY Contact. CITY designates J .aur:1 Snidcman. its City Manager. or her dcsignee. as its contact \\ho shall he responsible for administering and interpreting the terms and conditions of this Agreement. for mailers relating to CONSl :LTANl's performance under this /\g:recment. and for liaison and coordination bet,,een CITY and CONSULT/\l\T. ln the c,-cnt CITY wishes to make a change in CITY's rcprcsentati, c.

CITY will notit\ CONSl !LTA'-JT of the change in \\Ti ting. - 3 -
Item #6.6.

4 .2. CONSULTANT Contact. CONSU T/\l\'T designates Julie l\1fares as its contact. \\ho shall haYe immediate responsibility for the perfonnancc of the SerYiccs and for all matters relating to performance under this Agreement. Any change in CONSl TT/\NT's designated contact shall be subject lo written appnl\"al b) CITY.

ARTICLE 5 - INDU\1NJFJC,'\TION AND INSURANCE

5.1. Indemnification. CONSl ll.TANT shalL to the fullest extent allowed by law. with respect to claims. liability. loss. damage. costs. or expenses. including reasonable attorney's and exrert \\itness fees. ,:l\\ards, lines. penalties, or judgments. arising oul of' or relating to the Sen ices (collecti\'ely "Claims"). defend. indemnifi·- :md hold harmless CITY. its Onicials. onicers. employees and agents (the "CITY Parties"). except to the extent the Claims arc attributable to CITY Parties' gross negligence or willful misconduct. CONSULTANT shall defend the CITY Parties as required by California Ci\ ii Code Section '2778. and \Yith counsel reasonably acceptable to those parties.

CONSULTANT shall lime no right to seek reimbursement from the CITY Parties for the costs or del'cnse.

If CONSULTANT is a .. design professional:· as defined in California Ci,·il Code Section '278'2.8(c). CONSULTANT sha11 indemnil~·- defend. and hold the lndemnitees harmless against Liahility only to the extent such Liahility arises out oL pertains to. or relates to CONSULT/\Nl"s negligence, recklessness. or \\illl'ul misconduct. ln such an e\'ent. the cost to defend charged to CONSLI.T/\NT shall not exceed CONSllI.TANTs proportionate percentage of fault.

The obligations contained in this Section 5.1 shall survi\·e the tennination of this Agreement !'or whate, er cause /'or the full period or time alk1\\ ed by law and shall not in any \Yay be limited hy the insurance requirements of this Agreement.

5.2. Health and Safety CONSUi .T /\NT may perform part of the Sen·ices at sites which contain unknown working conditions and contaminated materials. CONSUi.TANT shall be solely responsible for the health and satcty of COl\Sl lJ.T/\J\iT's employees during the performance of the Sen ices.

5.3. Insurance. CONSlll.T/\"t\:T and all of CONSl ILT/\NTS employees. subcontractors. consultants and other agency sha11 procure. prm ide and maintain at all times during the performance or this .Agreement. and /'or such additional periods as described herein. the insurance listed below\\ ith insurers licensed to do business in the State nl'Calilornia and with a Best's rating of no less than /\:Vll.

A. Commercial /\utnmol ilc LiahilitY Insurance. Commercial J\utomohile Liability Insurance prc)\'iding bodily injury liability and property damage. to protect against all liahility arising out of the use of any owned. leased. passenger or commercial autornohilc at a minimum amount of $1.000.000 combined single limit and $2.000.000 aggregate. Cm eragc shall apply to hired and non-owned autos. -4-
Item #6.6.

B. Commercial Cicneral Liahilit\' Insurance. Commercial Cieneral Liahilit, Insurance. \Yith limits pr(l\'iding a minimum amount of $1.000J)()() comhincd single limit coverage for each nccrn-rencc. $2.000J)()() general aggregate and $2,000.000 products/completed operations aggregate. The insurance shall cm er all operations including but nut limited to the folio,, ing: ( 1) premises, operations and mobile equipment liability: (2) completed operations and products liability:
(3) contractual liability insuring the obligations assumed by CONSULTANT in this i\grcemcnt: (4) broad form propc11y damage liability: (5) personal injury liability endorsement. including death: and ( 6) automobile bodily injury and property damage insurance. including all o,,ncd, hired and non-m,ned equipment.

C. Professional Liahilit\' Insurance. Professional Liability Insurance protecting against liabilities arising out of or in connection \Yith negligent acts. enors. nr omissions of CONSULTANT and all of CONSl lLTANTS employees. subcontractors. consultants and other agency in connection\\ ith this Agreement. at a minimum amount or $1.000.000 combined single limit coverage and $1.000.000 aggregate. on a "claims made basis" ,vith a continuation or coverage c:,.;tcnsion lor liabilities lor two years from the date the Services arc substantially complete. Such professional liability policies shall include cm·erage for liability assumed hy the CONSULTANT under this Agreement.

D.

E.

F.

Workers Comncn:a1ion ln:uram:c. Vv'orkers Compensation insurance, occupational disease insurance and employcr·s liability insurance shall be required with minimum limits as required by law. covering all \\orkplaces involved in this Agreement.

Sc:,.;ual Abuse or Molestation ('"S/\M •• ) Liability: If the work will include contact with minors. and the Commercial General Liahility policy under Section 5.3(13) is not endorsed to include nffimrnth·e co\'erage for sexual abuse or molestation.

CONSULT !\NT shall obtain and maintain a policy CO\'ering Sexual Abuse and Molestation \Yith a limit no less than $1.000J)OO per occurrence or claim.

Polic\' Te1111s. Concurrently with execution of this Agreement CONSl fl.TANT shall provide CITY with Certificates of Insurance e, idt>ncing that CONSLLTAN·1 has obtained or mainto.ins the insurance required by this Section

5.3. The Certificates shall be on forms acceptable to CITY. CONSUI.Ti\NT shall also furnish CITY with original endorsements\\ ith the follcrning documcntatinn:
• Precluding cancellation or reduction in cm·eragc before the expiration of thirty (30) days alter CITY shall have receiYed ,uitten notification thereor from CUNSLLlAN I by L:nited States mail:
• Providing that CO!\SlJLTAN'J 's insurancl' shall apply separate!) lo ead1 insured against\\ horn claim is made or suit is brought. and include a --separation of insureds·· or ··severabilit) •• clause "hich treats each insured separate!::,. except \\ith respect to the limits of the insurer's liahility (cross-liability endorsement):
- 5 -
Item #6.6.

• Excepting CONSULT:\NT"S rrofcssional liability insurance. naming CITY, its City Council. boards. commissions. committees. officers. cmplo) ecs and agents as additional insureds c-·Additional Insureds .. ): and • Pru\'iding that for an) claims relating to CONSULlAN r's services hereunder.

CONSl.lLTANT's insurance coverage shall he primary insurance with respect to CITY. its City Council. boards. commissions. committees. orficers. employees and agents. and that any insurance nr sel 1:.insurancc maintained by CITY for itself. its City Council. boards. commissions. committees. officers. employees and agents shall he in excess or C< )NSL:LTANT's insurance and shall not be contributory \,\ ith it.
• It shall be a requirement under this Agreement that any mailable insurance proceeds broader than or in e:-;cess or the spcci1icd minimum insurance cmerages requirements and/or limits shall be aYailahk to the /\dditional Insured. including hut not limited lo any umbrella or excess insurance.

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

G. Waiver of • n: CONSl :I.TANT hereby grants to CITY a waiver of any right Lo subrogation \,hich any insurer of said CONSULTANT may acquire against the CJTY by , irtue or the payment or any loss under such insurance.

CONSULTANT hereby agrees to obtain any endorsement that may he necessary to affect this \\ aivcr of suhrogation. but this provision applies regardless of \,hether or not CITY has recei,ed a \\aiver or subrogation endorsement from the insurer. I lcJ\\ e, er. the V..1orker's Compensation polic) required b) Section 5.3([)) of this .1\grcement shall be endorsed with a waiver of subrogation in favor of CITY for all work performed b) CONSUi.TANT. its employees and/or agents.

H. rvlmcrial Rrcach. If CONSl IL TANT fails to maintain insurance coverage or provided insurance documentation which is required pursuant to this Agreement it shall be deemed a material breach or this Agreement. Cl I"'{. at its sole option. may tem1inate this Agreement and obtain damages II·om CONSUL"! /\NT resulting from said breach. i\lternatively. CITY may purchase the required insurance coverage. and\\ ithout further notice to CONSULTANT. may deduct from sums due to CONSULTANT any premium custs aLh anced by CITY ror such insurance. These remedies shall be in addition 10 an) other remedies mailable to CTfY.

ARTICLE 6 - NOTICES
J\11 notices or other communications required or permitted hereunder shall be in writing. and shall be personally dcli\ered or sent b) facsimile or reputable overnight cuurier and shall be deemed recei, ed upon the earlier of: ( i) i!' personally deli\ ered, the date or deli very to the address or the person to recei,e such notice: (2) i r dcli,1?red by Federal Express or other oYernight courier for ne:,.;t business da) deli,ery. the next business day: (3) if sent b) facsimile, with the original sent on the same day by overnight courier, the date on \\hich the facsimile is - 6 -
Item #6.6.

received. provided it is before 5:00 P.M. Pacific Time: or (4) if sent electronically, the date of deli, ery on the confirmed read receipt. Notice of change of address shall he given hy ,,ritten 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'"' hich no notice was gi,en shall be deemed to constitute receipt of the notice or communication sent. Unless changed in accordance herewith. the addresses for notices giYen pursuant to this Agreement shall he as follows:

If to CITY: T .aura Snidcman. City Manager
1231 Washington Street
Calistoga. CA 94515
Email: lsnideman ra,ci.calistoga.ca.us
Phone: 707-942-2806
If to CONSULTANT: Mary Egan. CEO
ARTICLE 7 - MISCELL/\NEOUS
- -------------- PO Box 561
Wilton, CA 95693
Phone: 916-687-7601
Facsimile:

Emai I: [email protected]

7.1. Conflict of Interest Prohibition. CITY and CONSULTANT ,viii comply with the requirements of the CITY's Conflict oflnterest Code adopted pursuant to California Government Code ~87300 et seq .. the Political Reform Act (California Government Code ~81000 et seq.). the regulations promulgated by the Fair Political Practices Commission (Title 2. § 18 I 10 ct seq. of the California Code of Regulations). California Government Code~ l 090 ct seq., and any other ethics laws applicable to the performance of the Ser\'ices and/or this Agreement. CONSUL TANT may be required to file with the CITY Clerk a completed Form 700 before commencing perfonmmce of the Sen,ices unless the CITY Clerk determines that completion or a Form 700 is not required, pursuant to CITY"s Conflict of Interest Code. Form 700 forms are available from the CITY Clerk.

CONSULT ANT may not perform Scr\'iccs for any other person or entity that. pursuant to any applicable law or regulation. would result in a conflict of interest or would othctwise be prohibited \Yith respect to CONSlJLTANrs obligations pursuant to this Agreement.

CONSULTANT ngrees to cooperate J'ully with CITY and to prm ide any necessary and appropriate inforn,ation requested by CITY or any authorized representative concerning potential conflicts of interest or prohibitions concerning CONSULTANT"s obligations pursuant to this Agreement.
- 7 -
Item #6.6.

COl\Sl II .TANT may not employ any CITY official. officer or employee in the performance n!' the SerYiccs. nor may any official. officer or employee ol' CITY ha\ e any Cinancial interest in this Agreement that \\ould Yiolatc California Government Code ~1090 el seq. CONSLL'IAN r hereb) \\arrants that it is not nm,. nor has it been in the preYious t\\ elve ( 11) months. an employee. agent. appointee. or onicial or CITY. l r COl\SUI.T /\NT \\as an employee. agent. appointee. or official ot'CITY in the prc,ious twcl,c months. CONSUI.T/\'.\IT \Yarrants that it did not participate in any manner in the forming of this /\grccment. CONSlJI.T;\Nl understands that. if this Agreement is made in violation or Gm ernment Code ~ I 090 ct seq .. the entire Agrecmcnt is\ oid and COI\SULTANl \\ ill not be entitled to any compensation for CONSllLTANT"s performance of the Sen ices. including reimbursement of expenses. and CONSULTANT ,, ill be required to reimburse CITY f'or any sums paid to CONSUi .l/\l\l under this /\grcemcnt. CONSUI.T/\l\T understands that. in addition to the foregoing. penalties for ,iolating Government Code ~ 1090 may include criminal prosecution and disqualification from holding public office in the State orCalifornia.
/\ny Yiolatinn by CONSUi .T/\NT of the requirements of this pro,ision will constitute a material hrem:h of this Agreement. and the CITY resencs all its rights and remedies al law and equity concerning any such \'iolations.

7.2. Subcontracting. CONSlJLTJ\NT may subcontract portions of the Sen·ices upon the prior \Hillen appnl\al of CITY. CONSULTANT,, ill be solely responsihle for pa) ment of such suhcontn1c1 ScrYices. No contr<1ctual relationship will exist between any such subcontractors oJ'CONSlJLTAl\T and CIT'r'. CONSLLTANT"s subcontractors agree Lo he bound to CO~SUI .Ti\NT and CITY in the same manner and to the same extent as CONSllI.T.l\~T is bound to CITY under the Agreement. CONSUl.lANrs subcontractors further agree to include the same requirements and provisions or this Agreement. including the indemnity and insurance requirements.'" ith any subsubcontractor to the extent they apply to the scope of' the sub-subcontractor's work. 1\ copy of the CITY indemnity and insurance lJrO\ isions will be furnished to ( 'ONSl JLT/\\!T"s subcontractors upon request.

7.3. Entire Agreement. This Agreement reprcscnts the entire understanding nf CIT'{ and C01\JSlJLT /\1\JT as to those matters contained herein. l\o prior oral or written understanding shall be of an:, force or e ffcct \\ i th respect to those matters eo\'cred hereunder. This Agreement may 011I::, he modified hy an amendment in ,,riling signed h::, each party.

7.4. No Assignment. The Sen-ices arc 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. J\s limited by this Section

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

7.5. ScYcrahility. If any part of this Agreement is determined to he unconstitutional. inYalid or beyond the authority ol'either party. such decision shall not affect the validity or the remainder of this Agreement.\\ hich shall continue in ful I force and effect. proYided that - 8 -
Item #6.6.

the remainder of this Agreement can he interpreted to giYe effect to the intentions of the parties.

7.6. Counterparts. This Agreement may be signed in counterpai1s and, when fully signed, such counterparts shall hmc the same effect as if signed in one document.

7. 7. Choice of La,Y. This Agreement and all matters relating to it shall be governed hy the laws ol'the State or California without reference to its choice of lm\s principles and venue shall he in the appropriate court in Napa County. California.

7.8. Waiver. No failure on the pai1 of either Party to exercise any right or remedy hereunder shall operate as a ,:vaiver of any other right or remedy that party may have hereunder. A waiver hy either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the ,,aiving party unless such waiver is in writing. In thee, ent or a \\Titten \\'ai\'er. such a v, ai, er shall not affect the waiving party's rights V\ ith respect to any other further breach.

7.9. Mediation. In the event the parties arc unable to rcsoln a dispute arising under this Agreement through good faith negotiations. the parties agree to submit the matter to mediation V\ith 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 prcH'isions shall he construed without regard lo the party or parties responsible l'or its preparation and shall be deemed Lo have been prepared jointly by the parties. The rule of construction to the effect that ambiguities arc to be resol\'cd against the drafting pa11y 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 /\grcemcnt shall create a contractual relationship with. or cause of action in favor oL a third pa11y against either the CITY or CONSULTANT. CONSULTANrs Services hereunder are being performed solely for the benefit of CITY. CIT\' shall be an express third-party beneficiary or all contracts between CONSULTANT and an) subcontractors or subconsultants in connection \Yith any sen~iccs performed in connection with. or in furtherance of. this Agreement. * * *
- 9 -
Item #6.6.

IN WITNESS WIIERF.OF. the parties have executed this Agreement as of the date set forth above.

CITY OF CALISTOGA
By: Date: 'f · S- 7,, ~ Laura Snidcman, City Manager

CONSULTANT
By: j ~ OJ\.JJ\_ 2 Date: 8/24/23
By: _____________ _ Date: _ _______ _
Attest
By: ~
Approved As To Form
/,
Michelle Marchetta Kc,. )11. City Attorney
- l 0 -
<l ·\K :i~89ll-2776-373, I iR~, 91202I i
Item #6.6.

EXHIBIT A
SCOPE OF \\t'ORK
MRG's Scope of Work shall include the following:
• Provide high-level management for Administrative Services, facilitating the continued functioning of the department to ensure the City's ongoing fiscal health. The department staff are positioned to function effectively in their roles and the Consultant will provide staff support and guidance to maintain operational efficiency.
• Coordinate with City leadership to process and prioritize departmental requests that align with financial goals and strategic objectives.
• Support the projects underway to include the payroll cycle transition, tactical implementation of new water shutoff policy, audit preparation, etc. • Assist the City with the RFP development and selection process for a new audit firm. • Assist with budget and GASB needs.
• Oversee day-to-day financial operations including accounts payable, accounts receivable, payroll and procurement.
• Services to be provided both on- and off-site.
• Consulting services will be provided primarily by Jessie Catacutan, supported by Julie Mares and other members of the MRG Team as needed by expertise.

Time Frame
MRG Consultant's anticipated start date is the week of August 28 and is available for calls and remote meetings promptly. We estimate an initial commitment of 105 hours during the open recruitment process for approximately 16-20 hours per week. MRG and the City of Calistoga will determine additional needs as the project progresses.

Item #6.6.

.t:XH1Hfl H
Compensation
CITY shall pay CONSULT ANT for the Sen ices on a cost reimhursement hasis, up to the Cost Ceiling (as defined in Sec lion~- I of the Agreement). CONSUL TANT agrees lo use appropriate methods lo contain its fees and costs under this Agreement. Compensation shall include only the follmYing costs. \Yhich shall all count toward the Cost Ceiling:

1. Direct Labor
Direct labor costs shall he the total number of hours worked on the joh by each employee times the agreed hourly rate for such employee's labor as set forth on the attached Exhibit 8-1. CIT'{\\ ill pay all personnel at their regular straight-time rate. including any work pcrfo1111ed on overtime or on holidays or weekends.

2. Subconsultant Costs
Subconsultant serYiccs, if any. shall be billed at cost plus a 10 percent markup.

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

3. Other Direct Costs
The follov,ing categories of costs arc eligible for reimbursement which shall he made at the actual cost to CONSl !LT ANT without any additional mark-up:
a. Reasonable living and traYcling expenses of employees when away from home office on business in its prosecution of the Sen·iees. CONSULTANT must ha\'e prior approval nf CITY to be rcimhursed for these expenses.
b. Automobile expenses for personal ,·chicle use, if necessary. at the IRS apprm cd mileage rate.
c. Reproduction of drawings and specifications by CONSULTANT as required under this Agreement. at rates prerniling in this community for hulk reproduction or at other reasonable rates approYed hy CITY.
d. Special o\"ernight dcliYcry or messenger services.

Payments to CONSULTANT for rcimhursahlc costs/expenses will he made only after the specific costs/expenses ha\e been incurred and CONSULTANT has submitted substantiating documentation. such as copies of paid in\'oices or other documentation confinning that such costs/expenses have been incurred.

Item #6.6.

EXHIBIT B-1
MRG suggests an initial contract amount of $25,000. Professional consulting services will be invoiced at $225 per hour, estimated at 105 hours and expenses of $1,375 which will be invoiced at cost. Expenses may include mileage and miscellaneous other travel expenses. Additional work not contemplated in this proposal will be billed at the hourly rate of $225 and will begin only after agreed upon between the City and MRG.

Item #6.6.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Laura Snideman, City Manager
Meeting: City Council - Oct 17 2023
Subject: Lincoln Avenue (Hwy 29) Parklets
DESCRIPTION:

Lincoln Avenue (Hwy 29) Parklets
RECOMMENDATION:

Provide direction regarding removing or retaining existing Lincoln Avenue (Hwy 29) parklets.

BACKGROUND/SUMMARY:

On September 22, 2020, City Council approved the installation of the temporary parklets on Lincoln Avenue (Hwy 29). The parklets were installed because of the COVID-19 Pandemic including the need to provide additional outdoor seating and physical distancing along the Lincoln Avenue corridor.

At that time, staff applied for and received a Caltrans Encroachment permit to install the parklets, along with extensions that ran through the end of last year. Recently, Caltrans informed staff that we either need to permit the three parklets under a lease agreement (i.e. no longer an encroachment permit), or remove them from the state’s right-of-way.

Staff has received the following initial information from Caltrans:
 The cost to lease the parklet space under an airspace lease agreement is $6,000/yr/parklet, or $18,000 annually to permit the three existing parklets.  The City has until the end of the calendar year to move forward on the lease.

ANALYSIS:

Factors for Consideration
Staff has heard many differing opinions on a variety of topics about parklets over the past year.

Some of those opinions and some of the factors you may want to consider in your decision-making process include the following:

Ambiance – Opinions differ as to whether or not these help create community and add to the charm of Calistoga with a more European flair or distract from the more traditional downtown and create unwelcome obstacles to walking down the sidewalks.
"Fairness" – Concerns have been raised that by providing outdoor seating via the parklets some businesses (primarily restaurants) are receiving a “free” benefit subsidized by the City while other businesses are paying property taxes, maintenance costs, and other expenses to provide outdoor Item #8.1.

seating on property they directly own. Others assert that by expanding the footprint in which business can operate, the entire community, including the city, benefits from that increased economic activity.

Funding – The parklets were originally installed at the City’s cost. To move forward with a new lease with Caltrans, an annual lease amount of $18,000 will be required to continue with the existing three parklets. That amount is currently in the City’s budget which was contemplated as a place holder pending the Council’s direction on the parklets for either removal, rent, or significant maintenance.

See “Calistoga Chamber of Commerce Efforts” for possible funding partnerships.

Insurance/liability – The City currently has assumed the liability for the parklets. It is likely logistically challenging and prohibitively expensive for the private sector to assume this responsibility, but more research would be required to confirm this guess.

Maintenance/aesthetics - The only point of almost universal agreement seems to be that the parklets need to be better maintained (including daily cleaning) and currently look shabby. It is clear that the expectation at the time the parklets were installed was that nearby businesses would maintain them. That support was never formalized in any way and has significantly waned (if it was ever sufficient) as businesses have changed and certain staff with some businesses have left their employment over the past three years. More and more city resources have been necessary to maintain a basic (yet still insufficient) level of maintenance, including re-directing staff away from other maintenance needs. See additional information under “Calistoga Chamber of Commerce Efforts.”
Parking – Some people believe the parklets encourage community members to walk or bike downtown while others wish they could park directly in front of the establishment they wish to visit where the parklets are currently located.
“Rights” to use the parklets – All (including Caltrans) are in agreement that all seating in all parklets should be open to all at any time and not reserved for select businesses. Caltrans even has requirements that the furnishings be distinguished from furnishings in nearby restaurants or on the sidewalks. If the city council chooses to retain the parklets at this time, staff will investigate signage to clearly indicate all seating is available to the general public.

Several unknowns -- While the most recent Caltrans materials indicate table service would not be allowed, the Chamber of Commerce has found a compromise hybrid model in Sebastopol that allows placing orders in a restaurant and delivery to an outdoor table. Exploration of that option with Caltrans, or even direct table service, in Calistoga is underway. In addition, more information is needed about the consumption of alcohol in the parklets.

Calistoga Chamber of Commerce Efforts
The Chamber of Commerce initiated a comprehensive downtown "revitalization" effort in approximately 2019. While stalled during the pandemic, earlier this year the Chamber re-initiated the work and created a task force looking at a variety of physical changes to the downtown streetscape including consideration of permanent parklets. The Chamber anticipates presenting a final report with a variety of recommendations (including funding recommendations) to the City Council in early 2024. Should the City Council decide to move forward on any new, different, and/or additional changes in the Caltrans right of way (whether those include parklets or not), a new Caltrans permit and/or lease cycle would need to be initiated, including if for parklets since materials, location and designs will be different from the temporary parklets.

Item #8.1.

In the meantime, the Chamber has been working with the businesses, primarily restaurants, closest to the parklets. There is an immediate-term partnership concept to spruce up the current parklets including obtaining new tables, chairs, umbrellas, and/or plants/trees and improving the look of the white-water barriers, possibly with a wrap or by painting them. The Chamber has received $15,000 of funding from the Calistoga Tourism Improvement District (TID) with a verbal commitment from the nearby restaurants to match this amount and undertake the daily maintenance and vegetation upkeep. The City Manager has suggested that this effort be accompanied by a formal written agreement regarding maintenance by the nearby businesses prior to these improvements being undertaken and the TID funding is contingent on this happening. Exactly who that agreement would be with and what enforcement mechanisms are available is still to be determined.

City Council Options
The City Council has many options on how to respond, with too many permutations to fully detail them all. Staff has considered and combined various factors from the above list and offers the following as an initial starting point for your discussion and decision-making process.

Option Package #1
Direct staff to remove the parklets and reconsider them when the Chamber’s report is complete. The work to do this would include obtaining a contractor to remove the large trees and plywood decking.

Staff would then drain the safety barriers, remove the tables, chairs, and umbrellas. Staff could try to sell these items, store them in the public works corporation yard pending future decisions, or discard them if their condition makes them unusable. It is estimated that the $18,000 in the current year city budget would cover the cost of this work.

Option Package #2
Retain the current parklets and direct staff to undertake the following:

1. Complete the Caltrans lease process including clarifying all aspects of the lease such as the ability (if any) to provide table service. Pay the lease fee with city funds.

2. Simultaneously create, negotiate, and obtain written agreements with businesses and/or property owners and/or the Chamber who will assume all maintenance responsibilities.

3. Work with all agencies and parties to ensure any new furnishings purchased by the Chamber, TID, and/or or local businesses are in compliance with Caltrans and city needs as determined by the Public Works and/or Planning & Building departments.

4. Ensure signage indicates the seating is available to the general public.

The $18,000 in the budget will cover the cost of the lease for one year but additional funds will be necessary if the use of outside consultants to produce materials is necessary for the lease application, if staff time is included, and/or if the City Attorney’s time is included to review the maintenance agreement(s).

Option Package #3
Request that the Chamber try to finalize their comprehensive downtown recommendations earlier and make no decisions until the Chamber report is available. Depending on the timing, this option creates risks that Caltrans may initiate an enforcement action requiring the City to remove the parklets. No cost to select this option.

CEQA STATUS:

The recommended action is not a project under the definitions contained in the Guidelines of the California Environmental Quality Act (CEQA) and is therefore exempt from CEQA.

Item #8.1.

FINANCIAL IMPACT:

The FY 23-24 Budget contains Parklet Capital project; Account No. 01-5570-4905, $18,000. See additional financial impacts in the Analysis section of this staff report.

APPROVAL(S):

Jessie Catacutan Approved - Oct 09 2023
Laura Snideman, City Manager Approved - Oct 10 2023
Yudiana Galvan, City Clerk Approved - Oct 10 2023
Item #8.1.