Mayor
Donald Williams
Vice Mayor
Irais Lopez-Ortega
Councilmembers
Lisa M. Gift
Scott Cooper
Kevin Eisenberg
AGENDA
City Council
Tuesday, May 21, 2024 - 6:00 PM
1307 Washington St., Calistoga
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. 5.21.24 Public Comment 5 - 9
4. CITY MANAGER’S REPORT
5. PROCLAMATIONS/PRESENTATIONS/ AWARDS
5.1. Updating the City Council on the Public Works Department.
Recommended Action:
No action by the City Council necessary, just receive the presentation.
Staff Report - Public Works Department Update - Pdf
10 - 19
5.2. Consider adopting a proclamation including the display of the Rainbow Flag for LGBTQ+ Pride Month in June.
Recommended Action: Consider making the proclamation.
Staff Report - Consider a proclamation and displaying the Rainbow Flag for LGBTQ+ Pride Month. - Pdf
20 - 21
5.3. Consider making the proclamation.
Recommended Action: Consider making the proclamation
Staff Report - Proclaiming May Historic Preservation Month - Pdf 22 - 23
6. CONSENT CALENDAR
6.1. Consider adopting Resolutions calling and giving notice of a General Municipal Election to be held on Tuesday, November 5, 2024; requesting the election be consolidated with the Statewide General Election and requesting election services; and adopting regulations pertaining to the Candidate’s Statements provided to voters in the Sample Ballot pamphlet.
Recommended Action: Consider Adopting the Resolutions
Staff Report - Calling and Giving Notice of a General Municipal Election to be Held on November 5, 2024 - Pdf
24 - 31
6.2. Consideration of a Resolution authorizing the City Manager to award a Master Agreement for Consultant Services to Associated Engineering Consultants (AEC) in an amount Not to Exceed $47,800 to provide plans, specifications, and estimates for the City’s Road Overlay Projects.
Recommended Action: Award AEC Consultants Design Contract for the City Road Overlay Project
Staff Report - Award AEC Consultants Design Contract for the City Road Overlay Project - Pdf
32 - 54
6.3. Opposing a ballot measure known as the “Taxpayer Protection and Governmental Accountability Act” (Initiative #21-0042A1), and joining the “Stop the Taxpayer Deception Act” coalition.
Recommended Action: Authorize the submission of a letter (Exhibit A) to our Regional Public Affairs Manager opposing the measure (Initiative #21-0042A1) on behalf of the City of Calistoga.
Staff Report - Opposition to the Taxpayer Protection and Governmental Accountability Act - Pdf
55 - 61
6.4. Amendment No. 1 to Professional Services Agreement No. 892 for Building Official, Building Inspection and Plan Check Services with Bureau Veritas North America, Inc.
Recommended Action:
62 - 70
Consider approving Amendment No. 1 to Agreement No. 892 for Building Official, Building Inspection and Plan Check Services with Bureau Veritas North America, Inc. Increasing their contract approved via Resolution No. 2023-87 on December 19, 2023, from $125,000 to $200,000.
Staff Report - Amendment to Professional Services Agreement No. 892 for Building Official, Building Inspection and Plan Check Services - Pdf
7. PUBLIC HEARING
7.1. Consider an Ordinance of the City of Calistoga Amending Municipal Code Chapter 5.12 Mobile Food Vendors and Chapter 17.21 Downtown Commercial District to permit mobile food vendors to operate on private property in the Downtown Commercial (DC) district.
Recommended Action: Following a public hearing, discuss and consider an Ordinance of the City of Calistoga Amending Municipal Code Chapter
5.12 Mobile Food Vendors, Section 5.12.010(E)(1) regarding where mobile vending vehicles may operate and Chapter 17.21 Section
17.21.020 allowing mobile vending on private property as a permitted use.
Staff Report - Discuss and consider amendments to CMC Chapter 5.12 and Chapter 17.21 - Pdf
71 - 75
7.2. *** This hearing item will be continued to the next Regular City Council Meeting on June 11, 2024***
The purpose of this hearing is to solicit public input regarding grant activities and approve the closeouts of the following Community Development Block Grants (CDBG) awarded to the City of Calistoga in program year 2020:
1. 20-CDBG-12010-UpValley Family Centers of Napa County-Senior Services Assistance Program
2. 20-CDBG-12023-Historic Building Rehabilitation Planning for Community Center (Planning only)
3. 20-CDBG-12024-Geothermal Feasibility Study for Senior Mobile Home Parks (Planning only)
4. 20-CDBG-12025-Napa River Footbridge (Planning only)
5. 29-CDBG-12062-Owner Occupied Housing Rehabilitation Loan Program
8. GENERAL GOVERNMENT
8.1. Consider an Ordinance of the City of Calistoga Amending Municipal Code Chapter 5.18 Special Events, Section 5.18.030 regarding the applicability of and exemptions from the special event permit requirement to remove the Napa County Fairgrounds from the enumerated list of exempted government agencies.
Recommended Action:
Move to adopt and waive further reading of Ordinance number 771 amending the Municipal Code Chapter 5.18 Special Events, Section
5.18.030.
76 - 80
Staff Report - Amendment to Special Events Ordinance of the Calistoga Municipal Code Chapter 5.18 Special Events, Section 5.18.030 Applicability. - Pdf
8.2. Consider approving the Presentations, Proclamations and Awards Policy Recommended Action: Consider approving the Policy presented.
Staff Report - Presentations, Proclamations and Awards Draft Policy - Pdf
81 - 84
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.
ACTA DE AMERICANOS CON DISCAPACIDADES Se les pide por favor que avise con 48 horas de anticipacion cuando necesita hacer un pedido de assistencia. Esto nos da suficiente tiempo antes de la junta para 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 May 14, 2024, by 4:30 p.m.
Yudiana Galvan, City Clerk
Calistoga Economic Diversification Grant Report
Name: Jennifer Rohrs, Ph.D.
Business name: Vine Ecology
Mailing address: ., Calistoga, CA. 94515
Phone:
Email: r
Grapevine Red Blotch Virus (GRBV) is currently one of the most economically devastating viruses in the Napa Valley, including vineyards in Calistoga. The virus is the cause of Grapevine Red Blotch Disease (GRBD), which results in reduced sugar levels and lower phenolic accumulation in grape berries (Blanco-Ulate et al. 2017; Girardello et al. 2019).
The resultant wines can have lower ethanol concentration, higher acidity, and less color (Girardello et al. 2019). Grapevine Red Blotch Disease is incurable, and the current management methods include surveying vines for disease symptoms and removing them from the vineyard. In fact, many wineries choose to remove entire vineyard blocks, as this is a recommended strategy for vineyard with a disease incidence higher than 25 to 30%.
Therefore, economic losses from this virus can reach up to $170,000 per acre over the lifespan of a vineyard, including cost penalties for suboptimal fruit and detraction from negotiating power for price points (Ricketts et al. 2017).
In 2023, I was funded by the Economic Diversification grant offered by the City of Calistoga to purchase equipment and supplies that have allowed me to offer a testing service for grapevine red blotch virus (GRBV). I am very pleased to report that the grant funding allowed me to purchase all of the necessary equipment and reagents to carry out the loop mediated isothermal amplification (LAMP) assay. The LAMP assay is a point-of-use, DNA based assay and was recently developed for the detection of GRBV (Romero Romero 2019).
Furthermore, the supplies for this assay can be easily packed up and transported, and the assay can be conducted in any space that has a clean table available. Therefore, I am able to offer a mobile testing service that is appropriate for on-site testing of GRBV.
The LAMP assay for GRBV detection will assist with the two main challenges to managing Red Blotch Disease. The first is the difficulty in correct assessment of visual symptoms, since they can resemble those caused by a variety of bio�c and abio�c ailments, such as spider mite feeding damage, mineral deficiency or toxicity, and root damage (Sudarshana et al 2015). The second challenging aspect is that the virus has a latent period of at least one year or more (Flasco et al. 2023); therefore, vines will have the virus but not display symptoms. Both of these points make visual iden�fica�on of infected vines difficult, crea�ng uncertainty in the face of cri�cal and costly management decisions.
Item #3.1.
Since receiving the grant, I am very pleased to report that I have tested a total of 557 samples for a number of different growers throughout Napa Valley. I am also happy to report that 27% of these samples are from vineyards and clients in Calistoga. The virus testing service has also been a “gateway” which has led a number of growers to contact me with grapevine virus questions, and this communication has led to virus consulting visits.
The Economic Diversification Grant has allowed me to develop a niche in the viticulture sector by specializing in virus testing and consulting. Since receiving the grant, I have also published an article in the American Journal of Viticulture and Enology titled, “ Best practices for monitoring visual symptoms of grapevine red blotch disease in black-fruited wine grape cultivars”. I am also currently working on two additional publications focused on the applications of the LAMP assay for GRBV detection in vineyards. These publications are based on my Red Blotch Disease research with the Napa County Cooperative Extension, and I am looking forward to translating this research into tangible results that will benefit my current and future clients.
My goals are to continue to grow my virus testing service, to offer virus consulting, and to set-up a permanent space for an office, sample examination, and sample testing in Calistoga. In the longer term, there will also be a need to hire staff to help me conduct virus testing and collect samples from the vineyard.
Item #3.1.
May 20 2024
Mayor Williams
Councilpersons:
Eisenberg
Cooper
Gift
Lopez Ortega
Re: Defunding of Calistoga Teen Center
I am having difficulty understanding the City’s position regarding the defunding of the Teen Center.
From what I understand, we are talking about two separate entities here:
The Boys and Girls Club of St Helena & Calistoga.
The Calistoga Teen Center.
Regarding the Boys and Girls Club, I understand it to be a ‘private organization.’ Privately funded.
Regarding the Teen Center, I understand this is a City of Calistoga youth program. Funded by the City of Calistoga
The City contracted the running of the Teen Club out to The Boys and Girls Club, giving that entity $40,000. a year to do so.
Now the City has decided to pull that $40,000 from the city budget, which was designated to finance the running of THE TEEN CENTER YOUTH PROGRAM! Is the City expecting the Boys & Girls Club of St.Helena/Calistoga to finance the running of the CiITY’S Teen Center? A program that does NOT belong to them??? I hope this issue will appear on a council agenda before the final execution of this decision giving the community the ability to come before the council engaging in a back and forth dialogue..
Thank you.
Respectfully, ]
Jeri Hansen
Item #3.1.
From: Millie Pease
To: Yudiana Galvan
Subject: Idling for nearly 2 hours!
Date: Tuesday, May 21, 2024 1:44:56 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Hello City Council and Manager,
While we try to reach savings in our budget, I want to point out that Sunday while I was walking from church to downtown, I observed a Calistoga Shuttle idling with its lights blinking. I asked the driver why he was idling so long---at that point it was 30 minutes. He said he had to be able to leave in a hurry. After shopping downtown, I walked back and the shuttle was still idling! I ran another errand, and when I returned, he was still idling the Calistoga Shuttle. All together he ran the vehicle for one hour and 45 minutes! He finally drove away to get lunch.
Please appeal to employees not to idle city cars. It will help the city reach its goal of lowering greenhouse gases by 2030 and will save us the costs of fuel in the short run! Thank you,
Millie Pease, t
Item #3.1.
From: Zena Elizabeth
To: Yudiana Galvan
Subject: City Council Meeting: Dog Park
Date: Tuesday, May 21, 2024 2:02:42 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Dear City Council Members,
I am a resident of Calistoga. I am writing to express my concerns and make a request regarding the temporary closure of our beloved dog park due to the installation of a new generator for the summer.
While I appreciate the city's efforts to enhance our facilities and ensure a reliable power supply during the hot summer months, I am worried about the impact this will have on our community, particularly the dog owners and their pets who regularly use the park. The dog park is not only a recreational area for our local pets, but also for tourists who visit with their pets.
To mitigate the inconvenience and potential disruption caused by the park's closure, I kindly request the council to consider relocating the dog park to a secure temporary area during the installation period. It is sad to think that there will be no off-leash area for dogs during this time, which is why I believe finding a temporary solution is so important.
One idea is to use the Little League field as a temporary dog park. This location is already equipped with fencing and ample space, making it a suitable and safe environment for our pets to exercise and socialize.
Additionally, the fairground could also be a potential temporary site. Both locations would provide a secure and accommodating space for our community’s dogs.
I am confident that with the city’s support, we can successfully repurpose one of these areas to meet safety standards and provide the necessary amenities for our dogs and their owners.
Thank you for your attention to this matter. I am hopeful that the council will consider this request and take the necessary steps to accommodate our community's needs during this transitional period.
Sincerely,
Sabrina
Calistoga Resident
Item #3.1.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - May 21 2024
Subject: Public Works Department Update
DESCRIPTION:
Updating the City Council on the Public Works Department.
RECOMMENDATION:
No action by the City Council necessary, just receive the presentation.
BACKGROUND/SUMMARY:
Staff has prepared a presentation (see enclosed) to present an overview of the department and breadth and depth of service.
CEQA STATUS:
The recommended action is not a project under the definitions contained in the Guidelines of the California Environmental Quality Act (CEQA) and is therefore exempt from CEQA.
ATTACHMENT(S):
1. PowerPoint Presentation
APPROVAL(S):
Derek Rayner, Public Works Director/City Engineer Approved - May 08 2024 Connie Cardenas, Admin. Services Director Approved - May 09 2024 Laura Snideman, City Manager Approved - May 10 2024
Yudiana Galvan, City Clerk Approved - May 10 2024
Item #5.1.
1 Department of Public Works (DPW)
ATTACHMENT 1
Item #5.1.
2 DPW Organizational Chart
Item #5.1.
3 DPW Scope of Service
General Fund
• Operate & Maintain 8 Parks
• Operate & Maintain 10 City Buildings
• Street Sweeping
• Capital Improvement Program (CIP)
• Streets Repaving
• Storm Drain System
• Tree Permit issuance
• Pioneer Cemetery
Water Enterprise
• O&M Water Treatment Plant
• O&M Dam/Reservoir
• O&M Water Distribution (pumps, tanks, pipes)
• Capital Improvement Program (CIP)
Wastewater Enterprise
• O&M Wastewater Treatment Plant
• O&M Lift Stations (pump stations)
• O&M Collection (pipes, manholes)
• Recycle System (pipes, pumps, ponds)
• Capital Improvement Program (CIP)
Other
• Engineering Services
• Issue Encroachment Permits (ROW work)
• Entitlement/Development Review/Approvals
• Grants (Applications/Procurement/Admin)
• Responding to the community Needs
Item #5.1.
4 DPW Operation & Maintenance
Item #5.1.
5 DPW Capital Budget
Item #5.1.
6 Significant Capital Projects
Utilities - $2.2M
Paving - $2.9M
Liners - $1M
Item #5.1.
7 Significant Capital Projects
SCADA/PLC/Generator - $2M
Riverside Pond CDO - $6.5M
Item #5.1.
8 Significant Capital Projects
Vine Trail - $16M
Item #5.1.
9 Thank You
Questions
Item #5.1.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Yudiana Galvan, City Clerk
Meeting: City Council - May 21 2024
Subject: Consider a proclamation and displaying the Rainbow Flag for LGBTQ+ Pride Month.
DESCRIPTION:
Consider adopting a proclamation including the display of the Rainbow Flag for LGBTQ+ Pride Month in June.
RECOMMENDATION:
Consider making the proclamation.
BACKGROUND/SUMMARY:
In accordance with the City Council's flag policy, a request for a proclamation and display of a ceremonial non-governmental flag has been received for LGBTQ+ Pride Month in June and is therefore being offered for the City Council's consideration.
CEQA STATUS:
This item is exempt.
ATTACHMENT(S):
Proclamation - LGBTQ Pride Month June 2024
APPROVAL(S):
Connie Cardenas, Admin. Services Director Approved - May 10 2024 Laura Snideman, City Manager Approved - May 10 2024
Yudiana Galvan, City Clerk Approved - May 13 2024
Item #5.2.
CITY OF CALISTOGA
PROCLAIMING JUNE AS
LGBTQ+ PRIDE MONTH
Whereas, one of the nation’s greatest strengths is the rich diversity of its residents; and
Whereas, lesbian, gay, bisexual, transgender and queer or questioning (LGBTQ+) people form an important part of this national tapestry and contribute to every facet of our society yet they continue to be marginalized, discriminated against and physically and emotionally attacked for who they are; and
Whereas, the City of Calistoga recognizes that its entire diverse population deserves equal rights and opposes any oppression and discrimination that diminishes the quality of life for any Calistoga resident or visitor, including those who are LGBTQ+; and
Whereas, June has become a symbolic month in which LGBTQ+ people, their families, friends and allies come together in various celebrations of pride, Now, Therefore, The City of Calistoga, does hereby proclaim the month of June 2024 as LGBTQ+ Pride Month in the City of Calistoga and will fly the Rainbow Flag on the City’s ceremonial flagpole across from City Hall for the month of June and invites everyone to reflect on ways we all can live and work together with a commitment to mutual respect and understanding.
Item #5.2.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Yudiana Galvan, City Clerk
Meeting: City Council - May 21 2024
Subject: Proclaiming May Historic Preservation Month
DESCRIPTION:
Consider making the proclamation for Historic Preservation Month RECOMMENDATION:
Consider making the proclamation for Historic Preservation Month BACKGROUND/SUMMARY:
Napa County Landmarks is a non-profit organization advocating for the appreciation and preservation of historic buildings, sites and district.
CEQA STATUS:
No Impact
FINANCIAL IMPACT:
No Impact
ATTACHMENT(S):
Historic Preservation Month
APPROVAL(S):
Connie Cardenas, Admin. Services Director Approved - May 10 2024 Laura Snideman, City Manager Approved - May 10 2024
Yudiana Galvan, City Clerk Approved - May 13 2024
Item #5.3.
Calistoga Proclamation
Historic Preservation Month - May 2024
Whereas, the National Historic Preservation Act of 1966 inaugurated the National Historic Preservation Act, championing the protection and adaptive re-use of America's historic, cultural, and archaeological treasures;
Whereas, Calistoga is rich with diverse historic assets, including mid-century modern design, resorts, ghost wineries, Victorian-era commercial buildings, and one-of-a-kind residences, which tell the unique story of our region and the community; Whereas, since its founding in 1974, Napa County Landmarks has been pivotal in safeguarding our architectural heritage through education, advocacy, and direct action, ensuring that our historical landscape endures for future generations; Whereas, Napa County Landmarks honors the dedication of individuals and groups throughout the year, celebrating outstanding efforts in restoration and adaptive reuse that exemplify best practices in historic preservation; Now, Therefore, Be It Resolved that the Calistoga City Council , along with the city council, do hereby proclaim, May as Historic Preservation Month recognizing Napa County Landmarks and the vital role of historic preservation in enhancing our quality of life, strengthening our communities, promoting economic development, and fostering a deeper connection to our shared heritage.
Item #5.3.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Yudiana Galvan, City Clerk
Meeting: City Council - May 21 2024
Subject: Calling and Giving Notice of a General Municipal Election to be Held on November 5, 2024
DESCRIPTION:
Consider adopting Resolutions calling and giving notice of a General Municipal Election to be held on Tuesday, November 5, 2024; requesting the election be consolidated with the Statewide General Election and requesting election services; and adopting regulations pertaining to the Candidate’s Statements provided to voters in the Sample Ballot pamphlet.
RECOMMENDATION:
Consider Adopting the Resolutions
BACKGROUND/SUMMARY:
Every two years, the City of Calistoga conducts a General Municipal Election to elect officers to represent its residents. The Mayor serves a two-year term, and the four Councilmembers serve fouryear terms. The Councilmember terms are staggered with only two seats up for election every two years to provide continuity and stability on the City Council. The three seats up for election in November are currently held by Mayor Donald Williams and Councilmembers Irais Lopez-Ortega and Lisa Gift.
All seats are elected “at-large” with all registered voters of the City voting for each office. The office of Mayor is voted on separately from the Council with voters selecting one (1) candidate. The offices of Councilmember are voted on together with voters selecting up to two (2) candidates. Those receiving the highest number of votes are successful.
The City’s General Municipal Election is always held in conjunction with the Statewide General Election in November of every even year pursuant to Calistoga Municipal Code. The City consolidates with the Napa County Elections Division which then conducts the elections, tallies the results, and supplies the city with certified election results.
The cost of the election is borne by the City with the exception of the optional Candidate’s Statement. Because the Candidate Statement is optional, the candidate pays the full cost associated with publishing the statement in the Sample Ballot pamphlet. The cost estimate for standard translation is $688 with the potential of additional costs if a candidate chooses translation in multiple languages.
In order to hold an election, and as provided in California Elections Code and the Calistoga Municipal Code, the City Council is required to adopt resolutions that:
Item #6.1.
1. Calls and gives notice of the holding of a General Municipal Election (Attachment 1);
2. Requests consent from the Napa County Board of Supervisors to consolidate the General Municipal Election with the Statewide General Election and directs the Registrar of Voters to render specific services to the City in the conduct of the election (Attachment 2); and
3. Adopts regulations pertaining to candidate statements (Attachment 3).
Key election dates are noted below, with a more detailed calendar provided as (Attachment 4).
Publish the Notice of Election 07/01/24 - 07/15/24
Nomination Period Opens/Closes 07/15/24 - 08/09/24
Extended Nomination Period Closes 08/14/24*
* Only in offices where incumbent did not file.
Secretary of State Random Alpha Drawing 08/15/24
Start of Vote-by-Mail Period 10/07/24
Last Day to Register to Vote 10/21/24
Election Day 11/05/24
Oath of Office for Newly Elected Officials 12/06/24 - 12/23/24 To run for office, an individual must be a resident and registered to vote in the City of Calistoga.
Voter registration is confirmed prior to issuance of nomination documents and instructions.
Interested parties are encouraged to check the City Clerk’s election website for information, or to call the City Clerk’s Office at 707-942-2807.
CEQA STATUS:
This item is exempt.
FINANCIAL IMPACT:
The estimated cost of the November 5, 2024, General Municipal Election is approximately $40,246 to be paid to the County of Napa Elections Division from Account Number 01-4133-4402 in FY 24/25.
ATTACHMENT(S):
Reso Calling Election 2024 ATTCH 1
Reso Consolidating Election 2024 ATTCH 2
Reso Candidate Stmt Regs 2024 ATTCH 3
Rpt Ntc-Consol Calendar ATTCH 4
APPROVAL(S):
Connie Cardenas, Admin. Services Director Approved - May 09 2024 Laura Snideman, City Manager Approved - May 10 2024
Yudiana Galvan, City Clerk Approved - May 10 2024
Item #6.1.
RESOLUTION NO. 202-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF
NAPA, STATE OF CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUSEDAY, NOVEMBER 5, 2024, FOR THE
ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE
LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES WHEREAS, under the provisions of the laws relating to the general law cities in the State of California, a General Municipal Election shall be held on November 5, 2024, for the election of Municipal Officers.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE
CITY OF CALISTOGA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities there is called and ordered to be held in the City of Calistoga, California, on Tuesday, November 5, 2024, a General Municipal Election for the purpose of electing a Mayor to a full term of two (2) years and two (2) Members of the City Council to a full term of four (4) years.
Section 2. That the ballots to be used at the election shall be in form and content as required by law.
Section 3. That the City Clerk is authorized, instructed and directed to coordinate with the County of Napa Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.
Section 4. That the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, pursuant to Election Code § 10242, except as provided in §§ 14212, 14401 of the Elections Code of the State of California.
Section 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.
Section 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.
Item #6.1.
Section 7. That in the event of a tie vote (two or more persons receive an equal and highest number of votes for an office) as certified by the County of Napa Registrar of Voters, shall in accordance with Election Code § 15651(a), resolve the tie vote by lot.
Section 8. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
Section 9. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.
PASSED, APPROVED AND ADOPTED this ____ day of ______ 2024. I, YUDIANA GULVAN 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:
Item #6.1.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF
NAPA, STATE OF CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF
THE COUNTY OF NAPA TO CONSOLIDATE AND RENDER SPECIED SERVICES TO
THE CITY RELATED TO THE CONDUCT OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024
WHEREAS, the City Council of the City of Calistoga called a General Municipal Election to be held on November 5, 2024, for the purpose of the election of a Mayor to a full term of two (2) years and two (2) Members of the City Council to a full term of four (4) years; and WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the city the precincts, polling places (vote centers) and election officers of the two elections be the same, and that the county election department of the County of Napa canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That pursuant to the requirements of §10403 of the Elections Code, the Board of Supervisors of the County of Napa is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 5, 2024, for the purpose of electing a Mayor to a full term of two years and two Members of the City Council to a full term of four years.
Section 2. That the county election department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used.
Section 3. That the Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary as prescribed by §10418 of the Elections Code for the holding of the consolidated election.
Section 4. That the City of Calistoga recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs.
Section 5. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the county election department of the County of Napa.
Section 6. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED, APPROVED AND ADOPTED this _____ day of _____
2024. I, YUDIANA GULVAN, 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:
Item #6.1.
RESOLUTION NO. 2024-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF
NAPA, STATE OF CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR
ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024 WHEREAS, §13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate statement.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. GENERAL PROVISIONS. That pursuant to §13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of Calistoga on Tuesday, November 5, 2024, may prepare a candidate’s statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate himself or herself.
The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be in uniform font and single line spacing with no form of emphasis such as Bolding, Italics, Bullets, Diamonds, Stars, Boxes, Circles, Check Marks, Asterisks, Underlining, unusual spacing, or ALL CAPITAL LETTERS (except in Titles and Acronyms). Or other such formatting that is deemed unacceptable by the Napa County Elections Office.
The statement shall be filed [in typewritten form] in the office of the City Clerk at the time the candidate's nomination papers are filed. In addition, candidates shall submit their statement in electronic format immediately before or during the appointment for filing nomination papers, with the goal of improving efficiency in typesetting the statement and assuring fidelity in reproduction of the statement.
The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period. The statement is confidential until the close of the nomination period.
Section 2. FOREIGN LANGUAGE POLICY.
A. Pursuant to the Federal Voting Rights Act, candidate statements will be translated into all languages required by the County of Napa. The County is required to translate candidate statements into Spanish.
B. The County will mail separate voter information guides and candidate statements in Spanish to only those voters who are on the county voter file as having requested a voter information guide in Spanish. The County will make the voter information guides and candidate statements in the required languages available at all polling places (vote centers), on the County’s website, and in the Election Official’s office.
Item #6.1.
Section 3. PAYMENT.
A. Translations: (1) The candidate shall be required to pay for the cost of translating and printing the candidate statement in the main voter pamphlet into any required foreign language as specified in Section 2 above, pursuant to Federal and/or State law; and (2) The candidate shall be required to pay for the cost of translating and printing the candidate statement in the main voter pamphlet into any foreign language that is not required as specified in Section 2 above, pursuant to Federal and/or State law, but is requested as an option by the candidate.
B. The City Clerk, in coordination with the County Elections Office, shall estimate the total cost of printing, handling, translating, and mailing the candidates statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the City a deposit in the amount of the estimated cost as a condition of having his or her statement included in the voter’s pamphlet. The estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the City Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the City Clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the City Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.
Section 4. MISCELLANEOUS.
A. All translations shall be provided by professionally certified translators.
B. The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections.
Section 5. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the voter information guide.
Section 6. That the City Clerk shall provide each candidate or the candidate’s representative a copy of this Resolution at the time nominating petitions are issued.
Section 7. That all previous resolutions establishing Council policy on payment for candidate statements are repealed.
Section 8. That this resolution shall apply at the November 5, 2024 General Municipal Election.
PASSED, APPROVED AND ADOPTED this ____ day of _____n
2024. I, YUDIANA GULVAN, 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:
Item #6.1.
City of Calistoga
General Municipal Election Calendar
November 5, 2024
July 1 – July 15 Election Official to Publish Notice of Election - Candidates July 8 Last Day to Adopt Regulations for Candidates Statements July 15 Open of Candidate Nomination Period
July 31, 2024 Deadline to File Semi-Annual Campaign Disclosure Statement August 9 – 4:30 PM Close of Candidate Nomination Period August 14 Close of Extended Nomination Period. ONLY for Offices Where Incumbent Fails to File
August 15 Secretary of State to Determine Order of Names on the Ballot August 19 or August 24 Close of 10-day public review period for Candidate Statements September 9 – October 22 Filing Period for Write-In Candidates September 26 Deadline to File 1st Pre-Election Campaign Disclosure Statement October 7 First Day for Mailing Permanent Vote and Mail Voter Ballots October 21 Last Day to Register to Vote
October 22 Last Day to File for Write-In Candidate
October 24 Deadline to File 2nd Pre-Election Campaign Disclosure Statement October 29 Last Day for Election Official to Publish Notice of Nominees November 5 ELECTION DAY
November 11 Election Signs Must be Removed
December 5 Last Day for County to Certify Results
December 6 - December 23 City to Declare Results, Reorganize Council and Choose Vice Mayor Item #6.1.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - May 21 2024
Subject: Award AEC Consultants Design Contract for the City Road Overlay Project DESCRIPTION:
Award AEC Consultants Design Contract for the City Road Overlay Project RECOMMENDATION:
Award AEC Consultants Design Contract for the City Road Overlay Project BACKGROUND/SUMMARY:
In February 2022, the City hired a consultant to update the Pavement Management Plan (PMP).
Part of the findings from this effort identified many streets within City Limits that need pavement overlay treatments. Staff mapped out these streets and identified 18 of them that require overlays, and do not require utility upgrades.
Staff advertised a request for proposals (RFP) on March 12, 2024, to provide plans, specifications, and estimates for the 18 streets identified. The RFP was sent out to the City’s pre-qualified consultants that were vetted through the City’s Master Professional Services Agreement process.
Three proposals were received, staff evaluated all three, and determined that AECs’ proposal best fit the needs for these projects and provides the City with the best value.
CEQA STATUS:
Exempt from CEQA - not a project.
FINANCIAL IMPACT:
The Project is included in the FY23/24 Budget under Account No. 01-5645–4915 Master Services Agreement which has a remaining balance of $50,000 in available funding. The total project cost of $47,800 is within this budget amount
ATTACHMENT(S):
MSA Overlay Award Reso Attach 1
AEC Master Service Agreement for Consultant Services Attach 2 APPROVAL(S):
Connie Cardenas, Admin. Services Director Approved - May 10 2024 Laura Snideman, City Manager Approved - May 10 2024
Item #6.2.
Yudiana Galvan, City Clerk Approved - May 13 2024
Item #6.2.
RESOLUTION NO. 2024-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY
OF NAPA, STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO
AWARD A MASTER AGREEMENT FOR CONSULTANT SERVICES TO
ASSOCIATED ENGINERING CONSULTANTS TO PROVIDE PLANS,
SPECIFICATIONS, AND ESTIMATES FOR THE CITY’S ROAD OVERLAY
PROJECTS
WHEREAS, in February 2022, the City hired a consultant to update the Pavement Management Plan (PMP). Part of the findings from this effort identified many streets within City Limits that need pavement overlay treatments; and
WHEREAS, staff mapped out these streets and identified 18 of them that require overlays, and do not require utility upgrades; and
WHEREAS, staff advertised a request for proposals (RFP) on March 12, 2024, to provide plans, specifications, and estimates for the 18 streets identified. The RFP was sent out to the City’s pre-qualified consultants that were vetted through the City’s Master Professional Services Agreement process. Three proposals were received, staff evaluated all three, and determined that Associated Engineering Consultants’ (AEC’s) proposal best fit the needs for these projects and provides the City with the best value; and WHEREAS, staff has negotiated a Scope of Work with Associated Engineering Consultants and recommends that a Master Agreement for Consultant Services for an amount not to exceed $47,800 be authorized; and
WHEREAS, 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; and
WHEREAS, there are sufficient appropriations contained in the FY 2023/24 CIP Budget Master Services Agreement under budget item 01-5645-4915 to cover the anticipated expenses that will be incurred for the consultant services requested. .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY find the following:
1. A Master Agreement for Consultant Services is authorized with Associated Engineering Consultants (AEC) to provide plans, specifications, and estimates for the City’s Road Overlay Projects for an amount not to exceed $47,800.
ATTACHMENT 1
Item #6.2.
Resolution No. 2024-XXX
2. Authorizes the City Manager to execute the Master Agreement on behalf of the City of Calistoga.
PASSED, APPROVED AND ADOPTED this 21th day of MAY 2024. 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 #6.2.
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MASTER AGREEMENT FOR CONSULTANT SERVICES
This Master Agreement for Consultant Services (the "Agreement") is made and entered into this _____________ day of _______________, ___, by and between THE CITY OF CALISTOGA, a municipal corporation (hereinafter referred to as "CITY") and Associated Engineering Consultants, Inc. a California corporation (hereinafter referred to as "CONSULTANT"). CITY and CONSULTANT may be referred to individually as “Party” and collectively as the “Parties.”
RECITALS
WHEREAS, CITY requires various professional services to perform civil engineering and pavement design services; and
WHEREAS, CONSULTANT is qualified to perform such services; and WHEREAS, CONSULTANT has agreed to provide CITY with such services on the terms and conditions set forth herein.
NOW, THEREFORE, for the considerations hereinafter set forth, CONSULTANT and CITY agree as follows:
ARTICLE 1 - SCOPE OF SERVICES
1.1. Scope of Services. CONSULTANT agrees to furnish services pursuant to a Task Order in the form set forth in Exhibit A, Task Order, which is attached hereto and incorporated herein (the "Services").
1.2. Compliance with Law. The Services shall be performed in accordance with all applicable federal, state and local laws, ordinances, rules, regulations and orders.
1.3. Time is of the Essence. CONSULTANT agrees to diligently prosecute the Services. In the performance of this Agreement, time is of the essence.
1.4. Professional Competence. CONSULTANT represents that it has the professional skills necessary to perform the Services and that it will perform the Services in a skillful and professional manner. CONSULTANT represents that it has all the necessary licenses to perform the Services and shall maintain them throughout the term of this Agreement.
CONSULTANT agrees that the Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged, in the same or similar geographical area in which CONSULTANT practices its profession, and will prepare all work products required by this Agreement in accordance with such standards. CITY and CONSULTANT agree that CONSULTANT is in responsible charge of the Services and CITY shall have no control over the method or means of performance of the Services. Acceptance by CITY of the Item #6.2.
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Services does not operate as a release of CONSULTANT from professional responsibility for the Services performed.
1.5. Independent Contractor. CONSULTANT is an independent contractor and not an employee of CITY. CONSULTANT expressly warrants that it will not represent that it is an employee of CITY. Persons employed or utilized by CONSULTANT in the performance of the Services will not be employees or agents of CITY. CONSULTANT is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
1.6. Confidentiality. CONSULTANT agrees to maintain in confidence and not disclose to any person, firm, governmental entity, or corporation, without CITY's prior written consent, any trade secret or confidential information, knowledge or data relating to the products, process, or operation of CITY. CONSULTANT further agrees to maintain in confidence and not to disclose to any person, firm, governmental entity, or corporation any data, information, technology, or material developed or obtained by CONSULTANT during the performance of the Services. The covenants contained in this Section 1.6 shall survive the termination of this Agreement for whatever cause.
1.7. Ownership of Material. Any reports and other material prepared by or on behalf of CONSULTANT under this Agreement (collectively, the "Documents") shall be and remain the property of CITY. All Documents not already provided to CITY shall be delivered to CITY on the date of termination of this Agreement for any reason. The Documents may be used by CITY and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes CITY may deem appropriate without further employment of or payment of any compensation to CONSULTANT.
1.8. Documentation. CONSULTANT shall keep and maintain full and complete documentation and accounting records, employee time sheets, and correspondence pertaining to the performance of the Services, and CONSULTANT shall make such documents available for review and/or audit by CITY and CITY's representatives at all reasonable times for at least four years after the termination of this Agreement or completion of the Services.
1.9. Testimony. CONSULTANT agrees to testify at CITY's request if litigation is brought against CITY in connection with the Services. Unless the action is brought by CONSULTANT or is based upon CONSULTANT's negligence, CITY will compensate CONSULTANT for the preparation and the testimony at CONSULTANT's standard hourly rates.
ARTICLE 2 - COMPENSATION
2.1. Compensation. Compensation for the Services shall be in accordance with the rate and schedules specified in a Task Order. However, in no event shall the amount the CITY pays to CONSULTANT for work done under a Task Order exceed the total compensation specified in the Task Order (“Cost Ceiling”).
Item #6.2.
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2.2. Invoices. CONSULTANT shall submit monthly invoices in a form satisfactory to CITY on or before the tenth day of each month for Services provided during the preceding month. CONSULTANT shall submit time and cost records as necessary to substantiate performance of the Services. Within 35 days after receipt of each such invoice, CITY shall verify the accuracy of the invoice, correct the charges where appropriate and as discussed and mutually agreed with CONSULTANT, and make payment to CONSULTANT in an amount equal to the amount of such invoice, as verified or corrected by CITY. No payment hereunder shall be construed as evidence of acceptance of any of CONSULTANT's work. CITY reserves the right to withhold payment from CONSULTANT on account of Services not performed satisfactorily, delays in CONSULTANT's performance of Services, or other defaults hereunder. CONSULTANT shall not stop or delay performance of the Services under this Agreement on account of payment disputes with CITY.
2.3. Status Reports. Together with each monthly invoice, CONSULTANT shall submit a status report detailing the amount expended on the Services to that date and the remaining amount to be expended before the Cost Ceiling is reached. CONSULTANT shall notify CITY in writing when payments have reached 90 percent of the Cost Ceiling.
2.4. Withholding. In lieu of holding retention, CITY shall withhold CONSULTANT's final payment under a Task Order until the Services provided under that Task Order are complete and CITY has received all Documents. CONSULTANT shall diligently continue and complete performance of the Services if the Services are not complete at the time CONSULTANT has performed services up to the Cost Ceiling.
ARTICLE 3 - TIME OF PERFORMANCE
3.1. Effective Date. This Agreement shall become effective upon execution of the second signature and shall remain in full force and effect until August 15, 2028 (the "Term").
Notwithstanding the foregoing, this Agreement may be extended for successive one-year term(s) upon mutual, written approval by the City Manager or his/her designee and CONSULTANT. Work authorized by a Task Order shall be performed in accordance with the schedule set forth in the Task Order.
3.2. Termination. This Agreement may be terminated at any time by CITY upon written notice to CONSULTANT.
3.3. Final Payment. CONSULTANT shall be entitled to compensation for Services performed up to the time of such termination, it being understood that any payments are full compensation for the Services rendered under this Agreement.
3.4. Other Remedies. Nothing in this Article 3 shall be deemed to limit the respective rights of the parties to terminate this Agreement for cause or otherwise to exercise any rights or pursue any remedies which may accrue to them.
Item #6.2.
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ARTICLE 4 - DESIGNATED CONTACTS
4.1. CITY Contact. CITY designates Derek Rayner, its Public Works Director, as its contact who shall be responsible for administering and interpreting the terms and conditions of this Agreement, for matters relating to CONSULTANT's performance under this Agreement, and for liaison and coordination between CITY and CONSULTANT. In the event CITY wishes to make a change in CITY 's representative, CITY will notify CONSULTANT of the change in writing.
4.2. CONSULTANT Contact. CONSULTANT designates, Mark Burlew, its Principal Vice President, as its contact, who shall have immediate responsibility for the performance of the Services and for all matters relating to performance under this Agreement. Any change in CONSULTANT's designated contact shall be subject to written approval by CITY.
ARTICLE 5 - INDEMNIFICATION AND INSURANCE
5.1. Indemnification. CONSULTANT shall, to the fullest extent allowed by law, with respect to claims, liability, loss, damage, costs, or expenses, including reasonable attorney's and expert witness fees, awards, fines, penalties, or judgments, arising out of or relating to the Services (collectively "Claims") that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, defend, indemnify, and hold harmless CITY, its Officials, officers, employees and agents (the "CITY Parties"), except to the extent the Claims are attributable to CITY Parties' gross negligence or willful misconduct. CONSULTANT shall defend the CITY Parties as required by California Civil Code Section 2778, and with counsel reasonably acceptable to those parties. CONSULTANT shall have no right to seek reimbursement from the CITY Parties for the costs of defense.
If CONSULTANT is a “design professional,” as defined in California Civil Code Section 2782.8(c), CONSULTANT shall indemnify, defend, and hold the Indemnitees harmless against Liability only to the extent such Liability arises out of, pertains to, or relates to CONSULTANT’s negligence, recklessness, or willful misconduct. In such an event, the cost to defend charged to CONSULTANT shall not exceed CONSULTANT’s proportionate percentage of fault.
The obligations contained in this Section 5.1 shall survive the termination of this Agreement for whatever cause for the full period of time allowed by law and shall not in any way be limited by the insurance requirements of this Agreement.
5.2. Health and Safety. CONSULTANT may perform part of the Services at sites which contain unknown working conditions and contaminated materials. CONSULTANT shall be solely responsible for the health and safety of CONSULTANT's employees during the performance of the Services.
5.3. Insurance. CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency shall procure, provide and maintain at all times during the Item #6.2.
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performance of this Agreement, and for such additional periods as described herein, the insurance listed below with insurers licensed to do business in the State of California and with a Best's rating of no less than A:VII.
A. Commercial Automobile Liability Insurance. Commercial Automobile Liability Insurance providing bodily injury liability and property damage, to protect against all liability arising out of the use of any owned, leased, passenger or commercial automobile at a minimum amount of $1,000,000 combined single limit and $2,000,000 aggregate. Coverage shall apply to hired and non-owned autos.
B. Commercial General Liability Insurance. Commercial General Liability Insurance, with limits providing a minimum amount of $1,000,000 combined single limit coverage for each occurrence, $2,000,000 general aggregate and $2,000,000 products/completed operations aggregate. The insurance shall cover all operations including but not limited to the following: (1) premises, operations and mobile equipment liability; (2) completed operations and products liability; (3) contractual liability insuring the obligations assumed by CONSULTANT in this Agreement; (4) broad form property damage liability; (5) personal injury liability endorsement, including death; and (6) automobile bodily injury and property damage insurance, including all owned, hired and non-owned equipment.
C. Professional Liability Insurance. Professional Liability Insurance protecting against liabilities arising out of or in connection with negligent acts, errors, or omissions of CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency in connection with this Agreement, at a minimum amount of $1,000,000 combined single limit coverage and $1,000,000 aggregate, on a "claims made basis" with a continuation of coverage extension for liabilities for two years from the date the Services are substantially complete. Such professional liability policies shall include coverage for liability assumed by the CONSULTANT under this Agreement.
D. Workers Compensation Insurance. Workers Compensation insurance, occupational disease insurance and employer’s liability insurance shall be required with minimum limits as required by law, covering all workplaces involved in this Agreement.
E. Policy Terms. Concurrently with execution of this Agreement, CONSULTANT shall provide CITY with Certificates of Insurance evidencing that CONSULTANT has obtained or maintains the insurance required by this Section
5.3. The Certificates shall be on forms acceptable to CITY. CONSULTANT shall also furnish CITY with original endorsements with the following documentation:
• Precluding cancellation or reduction in coverage before the expiration of thirty (30) days after CITY shall have received written notification thereof from CONSULTANT by United States mail;
• Providing that CONSULTANT's insurance shall apply separately to each insured against whom claim is made or suit is brought, and include a “separation Item #6.2.
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of insureds” or “severability” clause which treats each insured separately, except with respect to the limits of the insurer's liability (cross-liability endorsement);
• Excepting CONSULTANT’S professional liability insurance, naming CITY, its City Council, boards, commissions, committees, officers, employees and agents as additional insureds (“Additional Insureds”); and • Providing that for any claims relating to CONSULTANT's services hereunder, CONSULTANT's insurance coverage shall be primary insurance with respect to CITY, its City Council, boards, commissions, committees, officers, employees and agents, and that any insurance or self-insurance maintained by CITY for itself, its City Council, boards, commissions, committees, officers, employees and agents shall be in excess of CONSULTANT's insurance and shall not be contributory with it.
• It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverages requirements and/or limits shall be available to the Additional Insured, including but not limited to any umbrella or excess insurance.
Furthermore, the requirements for coverage and limits shall be the greater of:
(a) the minimum coverage and limits specified in this Agreement; or (b) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.
F. Waiver of Subrogation: CONSULTANT hereby grants to CITY a waiver of any right to subrogation which any insurer of said CONSULTANT may acquire against the CITY by virtue of the payment of any loss under such insurance.
CONSULTANT hereby agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. However, the Worker’s Compensation policy required by Section 5.3(D) of this Agreement shall be endorsed with a waiver of subrogation in favor of CITY for all work performed by CONSULTANT, its employees and/or agents.
G. Material Breach. If CONSULTANT fails to maintain insurance coverage or provided insurance documentation which is required pursuant to this Agreement, it shall be deemed a material breach of this Agreement. CITY, at its sole option, may terminate this Agreement and obtain damages from CONSULTANT resulting from said breach. Alternatively, CITY may purchase the required insurance coverage, and without further notice to CONSULTANT, may deduct from sums due to CONSULTANT any premium costs advanced by CITY for such insurance. These remedies shall be in addition to any other remedies available to CITY.
ARTICLE 6 - NOTICES
All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by facsimile or reputable overnight courier and shall be deemed received upon the earlier of: (1) if personally delivered, the date of delivery to the Item #6.2.
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address of the person to receive such notice; (2) if delivered by Federal Express or other overnight courier for next business day delivery, the next business day; (3) if sent by facsimile, with the original sent on the same day by overnight courier, the date on which the facsimile is received, provided it is before 5:00 P.M. Pacific Time; or (4) if sent electronically, the date of delivery on the confirmed read receipt. Notice of change of address shall be given by written notice in the manner described in this Article 6. Rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice or communication sent. Unless changed in accordance herewith, the addresses for notices given pursuant to this Agreement shall be as follows:
If to CITY: Laura Snideman, City Manager
1232 Washington Street
Calistoga, CA 94515
Email: [email protected]
Phone: 707-942-2806
If to CONSULTANT: Mark Burlew, Principal Vice President 2400 Washington Avenue
Suite#301
Redding, CA 96001
Phone: (530) 226-1616
ARTICLE 7 - MISCELLANEOUS
7.1. Conflict of Interest Prohibition. CITY and CONSULTANT will comply with the requirements of the CITY’s Conflict of Interest Code adopted pursuant to California Government Code §87300 et seq., the Political Reform Act (California Government Code §81000 et seq.), the regulations promulgated by the Fair Political Practices Commission (Title 2, §18110 et seq. of the California Code of Regulations), California Government Code §1090 et seq., and any other ethics laws applicable to the performance of the Services and/or this Agreement. CONSULTANT may be required to file with the CITY Clerk a completed Form 700 before commencing performance of the Services unless the CITY Clerk determines that completion of a Form 700 is not required, pursuant to CITY’s Conflict of Interest Code. Form 700 forms are available from the CITY Clerk.
CONSULTANT may not perform Services for any other person or entity that, pursuant to any applicable law or regulation, would result in a conflict of interest or would otherwise be prohibited with respect to CONSULTANT’s obligations pursuant to this Agreement.
CONSULTANT agrees to cooperate fully with CITY and to provide any necessary and appropriate information requested by CITY or any authorized representative concerning potential conflicts of interest or prohibitions concerning CONSULTANT’s obligations pursuant to this Agreement.
CONSULTANT may not employ any CITY official, officer or employee in the performance of the Services, nor may any official, officer or employee of CITY have any Item #6.2.
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financial interest in this Agreement that would violate California Government Code §1090 et seq. CONSULTANT hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of CITY. If CONSULTANT was an employee, agent, appointee, or official of CITY in the previous twelve months, CONSULTANT warrants that it did not participate in any manner in the forming of this Agreement. CONSULTANT understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and CONSULTANT will not be entitled to any compensation for CONSULTANT’s performance of the Services, including reimbursement of expenses, and CONSULTANT will be required to reimburse CITY for any sums paid to CONSULTANT under this Agreement. CONSULTANT understands that, in addition to the foregoing, penalties for violating Government Code §1090 may include criminal prosecution and disqualification from holding public office in the State of California.
Any violation by CONSULTANT of the requirements of this provision will constitute a material breach of this Agreement, and the CITY reserves all its rights and remedies at law and equity concerning any such violations.
7.2. Subcontracting. CONSULTANT may subcontract portions of the Services upon the prior written approval of CITY. CONSULTANT will be solely responsible for payment of such subcontract Services. No contractual relationship will exist between any such subcontractors of CONSULTANT and CITY. CONSULTANT’s subcontractors agree to be bound to CONSULTANT and CITY in the same manner and to the same extent as CONSULTANT is bound to CITY under the Agreement. CONSULTANT’s subcontractors further agree to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, with any subsubcontractor to the extent they apply to the scope of the sub-subcontractor’s work. A copy of the CITY indemnity and insurance provisions will be furnished to CONSULTANT’s subcontractors upon request.
7.3. Entire Agreement. This Agreement represents the entire understanding of CITY and CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may only be modified by an amendment in writing signed by each party.
7.4. No Assignment. The Services are deemed unique and neither party shall assign, transfer, subcontract or otherwise substitute its interest in this Agreement or any of its obligations hereunder without the prior written consent of the other party. As limited by this Section
7.2, this Agreement is to be binding on the successors and assigns of the parties hereto.
7.5. Severability. If any part of this Agreement is determined to be unconstitutional, invalid or beyond the authority of either party, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement can be interpreted to give effect to the intentions of the parties.
Item #6.2.
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7.6. Counterparts. This Agreement may be signed in counterparts and, when fully signed, such counterparts shall have the same effect as if signed in one document.
7.7. Choice of Law. This Agreement and all matters relating to it shall be governed by the laws of the State of California without reference to its choice of laws principles and venue shall be in the appropriate court in Napa County, California.
7.8. Waiver. No failure on the part of either Party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder. A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other further breach.
7.9. Mediation. In the event the parties are unable to resolve a dispute arising under this Agreement through good faith negotiations, the parties agree to submit the matter to mediation with a mutually agreeable mediator. Prior to the mediation, the parties shall exchange any documents reasonably necessary to resolve the matter to be mediated.
7.10. Interpretation. In the event this Agreement is ever construed in any dispute between the parties, it and each of its provisions shall be construed without regard to the party or parties responsible for its preparation and shall be deemed to have been prepared jointly by the parties. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement.
7.11. Authority. Each individual executing this Agreement on behalf of one of the parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such party and that this Agreement is binding on such party in accordance with its terms.
7.12. Third Parties. Nothing contained in this Agreement shall create a contractual relationship with, or cause of action in favor of, a third party against either the CITY or CONSULTANT. CONSULTANT’s Services hereunder are being performed solely for the benefit of CITY. CITY shall be an express third-party beneficiary of all contracts between CONSULTANT and any subcontractors or subconsultants in connection with any services performed in connection with, or in furtherance of, this Agreement. ***
[Signatures on Next Page]
Item #6.2.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.
CITY OF CALISTOGA
By: Date
Laura Snideman, City Manager
CONSULTANT
By: Date
By: Date
Attest:
By: ___________________________
Yudiana Galvan, City Clerk
Approved As To Form
By:
Michelle Marchetta Kenyon, City Attorney
Item #6.2.
OAK #4818-2196-0582 v1
EXHIBIT A
TASK ORDER
Item #6.2.
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TASK ORDER NO. 1
CITY OF CALISTOGA
AND
ASSOCIATED ENGINEERING CONSULTANTS, INC.
SECTION 1 – PURPOSE
The purpose of this Task Order is to authorize and direct Associated Engineering Consultants, Inc. to proceed with the work specified in SECTION 2 below, in accordance with the provisions of the Master Agreement for Consultant Services between the City of Calistoga (“CITY”) and Associated Engineering Consultants, Inc. (“CONSULTANT”) hereto dated ________________ (“MASTER AGREEMENT”)
SECTION 2 – SCOPE OF WORK
The items authorized by this Task Order are presented in Attachment “A” – Scope of Services, which is attached hereto and incorporated by this reference.
SECTION 3 – COMPENSATION AND PAYMENT
Compensation shall be as provided in the MASTER AGREEMENT. Compensation for services as set forth in SECTION 2 shall be as set forth in Attachment “B” – Compensation, which is attached hereto and incorporated by this reference. Total compensation for all services provided under this Task Order shall not exceed forty seven thousands, eight hundred dollars ($47,800) (“Cost Ceiling”).
SECTION 4 – TIME OF PERFORMANCE
The services described in SECTION 2 of this Task Order shall be completed by December 31, 2024, or as extended in writing by the City Manager.
SECTION 5 – ITEMS AND CONDITIONS
All terms and conditions contained in the MASTER AGREEMENT are incorporated by reference and remain in full force and effect.
Approved this _______ day of _____, _______.
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Item #6.2.
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CITY OF CALISTOGA
By: Date
Laura Snideman, City Manager
Approved As To Form
By:
Michelle Marchetta Kenyon, City Attorney
CONSULTANT
_______________________________
By: Date
By: Date
Item #6.2.
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ATTACHMENT “A”
SCOPE OF SERVICES
Item #6.2.
April 12, 2024 Job No. 24086
City of Calistoga
1232 Washington Street
Calistoga, CA 94515
Attn: Mr. Derek Rayner
Director of Public Works
Subject: Request for Proposal for the Calistoga Road Overlay Project Dear Mr. Rayner:
As requested, Associated Engineering Consultants, Inc. (AEC) is pleased to submit this proposal to prepare plans, technical specifications and engineering cost estimates for the Calistoga Road Overlay Project. AEC engineers are experienced and offer technically qualified staff with substantial depth in the engineering of asphalt concrete and PCC roadways, parking facilities and other associated facilities as well as underground utilities such as storm, sanitary sewer and water lines.
The anticipated scope of work is based on the City of Calistoga’s February 2022 Pavement Management Plan (PMP) recommendations Figure A – Road Overlay Map provided in the RFP.
AEC will evaluate each roadway segment and determine the full scope of work and make changes as needed based on the existing conditions and City budget in order to provide flexible bid packages to the City.
ENGINEERING SERVICES
Our scope of services includes field surveys, final design parameters, preparation of 50%, 90%, 100% Plan Sets, Technical Specifications (Vol II) and Engineering Cost Estimates at the 90% and 100% levels. Preparation of plans, technical specifications and cost estimates will require a site visit by an engineer to determine and verify the project scope, to take critical measurements and obtain the information necessary for preparation of properly detailed and accurate plans.
The following tasks are to be included in this proposal.
TASK 1 – FIELD WORK/ENGINEERING
Perform a project walk-through and field survey to obtain all the data required for producing final road maintenance and ADA curb return ramp designs. We will measure and paint all pavement limits and diggout locations of the various roadway segment locations identified. Existing Curb and Gutters will also be evaluated for damage.
Item #6.2.
Request for Proposal for the Calistoga Road Overlay Project TASK 2 – PLANS AND TECHNICAL SPECIFICATIONS
Develop a set of plans and details using AutoCAD illustrating all work items and their locations.
As part of the design, repair recommendations from the City’s PMP will be reviewed and modified, if necessary. Project specific technical specifications will be developed. Based on the City’s budget, this set of plans can be arranged into flexible bid packages so that the City can bid one or more road overlays over several years as budgets allow.
TASK 3 – ENGINEERING COST ESTIMATES
Provide Engineering Cost Estimates at the 90% and 100% levels for all project bid items based on the City’s most recent bid proposals, Caltrans Contract Cost Database and recent regional construction contract costs for similar improvement projects.
TASK 4 – GRANT FUNDING ALTERNATIVES
Research available grant funding opportunities and provide the City with a list of available grants with the uppermost opportunity for receive funding.
COST OF SERVICES
Table 1 provides a cost estimate breakdown for each of the above engineering tasks. Our estimated total of $47,800, is to cover the engineering services outlined under each task and is a not to exceed amount without prior approval from the City.
We can also provide a proposal for construction management and/or inspection if these services are requested.
AVAILABILITY, PM, SCHEDULE & TERMS OF CONDITIONS
AEC’s proposed staff listed below shall be available to address any questions or concerns the City may have, as they arise, regarding the plans, technical specifications and estimates. • Bruce G Howard, P.E. • Josh Burlew, CMP
• Jair Camacho, EIT (Proposed Project Manager)
AEC is in acceptance of the proposed schedule listed in the RFP and there are no proposed revisions to the terms and conditions of the sample Master Agreement and Insurance requirements.
If you have any questions or comments, please contact me at your earliest convenience at (530) 723-4901 or through email at [email protected].
Sincerely,
Associated Engineering Consultants, Inc.
Jair Camacho, EIT
Associate Engineer
Item #6.2.
3"Overlay w/Fabric & Diggouts
2.5"Overlay w/FabricHMA leveling course, Fabric & 2" OverlayCape Seal Item #6.2.
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ATTACHMENT “B”
COMPENSATION
Item #6.2.
Cost Estimate Breakdown
Engineering Services Job No. 24086 4/12/2024
Fee Units Quantity Total
ENGINEERING SERVICES
TASK 1: FIELD WORK / ENGINEERING
Field Technician $ 137.00 Hrs 70 $ 9,590.00
Draftsman (Site Plan Creation) $ 135.00 Hrs 10 $ 1,350.00 Materials - Paint, etc. $ 100.00 LS 1 $ 100.00
Mobilization $ 600.00 LS 1 $ 600.00
Subtotal $ 11,640.00
TASK 2: PLANS AND TECHNICAL SPECIFICATIONS
Principal Engineer $ 225.00 Hrs 20 $ 4,500.00
Associate Engineer $ 195.00 Hrs 40 $ 7,800.00
Draftsman $ 135.00 Hrs 80 $ 10,800.00
Subtotal $ 23,100.00
TASK 3: ENGINEERING COST ESTIMATES
Associate Engineer $ 195.00 Hrs 60 $ 11,700.00
Subtotal $ 11,700.00
TASK 4: GRANT FUNDING ALTERNATIVES
Project Engineer $ 170.00 Hrs 8 $ 1,360.00
Subtotal $ 1,360.00
Project Total $ 47,800.00
Prepared by Associated Engineering Consultants, Inc.
AEC reserves the right to transfer units between tasks as long as the total cost does not exceed the maximum without prior approval from City of Calistoga.
TABLE 1
RFP FOR THE CALISTOGA ROAD OVERLAY PROJECT
PLANS, TECHNICAL SPECIFICATIONS AND ENGINEER COST ESTIMATES Item #6.2.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Shannon Mattingly, Non-Classified Employee-Professional/Tehnical Meeting: City Council - May 21 2024
Subject: Opposition to the Taxpayer Protection and Governmental Accountability Act DESCRIPTION:
Opposing a ballot measure known as the “Taxpayer Protection and Governmental Accountability Act” (Initiative #21-0042A1), and joining the “Stop the Taxpayer Deception Act” coalition.
RECOMMENDATION:
Authorize the submission of a letter (Exhibit A) to our Regional Public Affairs Manager opposing the measure (Initiative #21-0042A1) on behalf of the City of Calistoga.
BACKGROUND/SUMMARY:
On Jan. 4, 2022, the California Business Roundtable filed the “Taxpayer Protection and Government Accountability Act” or AG# 21-0042A1. On Feb. 1, 2023, the measure qualified for the November 2024 ballot. The League of California Cities, along with a broad coalition of local governments, labor and public safety leaders, infrastructure advocates, and businesses, strongly opposes this initiative.
ANALYSIS:
Local government revenue-raising authority is currently substantially restricted by state statute and constitutional provisions, including the voter approved provisions of Proposition 13 of 1978, Proposition 218 of 1996, and Proposition 26 of 2010. The Taxpayer Protection and Government Accountability Act adds and expands restrictions on voters and local government tax and fee authority.
MAJOR PROVISIONS
Fees and Charges:
Except for licensing and other regulatory fees, fees and charges may not exceed the “actual cost” of providing the product or service for which the fee is charged. “Actual cost” is the “minimum amount necessary.” The burden to prove the fee or charge does not exceed “actual cost” is changed to “clear and convincing” evidence. Requires fees and charges paid for the use of local and state government property and the amount paid to purchase or rent government property to be “reasonable.” These fees and charges are currently allowed to be market-based. Whether the amount is “reasonable” (introducing a new legal standard aiming to force below market fee and charge amounts) must be proved by “clear and convincing evidence.” The standard may significantly reduce Item #6.3.
the amount large companies (e.g., oil, utilities, gas, railroads, cable, and other corporations) will pay for the use of local public property.
Prohibits fees on new development based on vehicle miles traveled.
Taxes:
Taxes and fees adopted after Jan. 1, 2022, that do not comply with the new rules, are void unless reenacted.
Eliminates the authority of citizen electors to rely on majority vote approval for elector-initiated ballot measures for special taxes. Elector-initiated ballot measures for taxes will be subject to the same rules as taxes placed on the ballot by a city council, so any ballot measure for a special tax will require approval by two-thirds vote of the electorate. Expressly prohibits local advisory measures which allow local voters to express a preference for how local general tax dollars should be spent.
Requires voter approval to expand existing taxes (e.g., Utility, Transient Occupancy) to new territory (e.g., annexations) or to expand the tax base (e.g., new utility service). New taxes can only be imposed for a specific time period. City charters may not be amended to include a tax or fee. All state taxes require majority voter approval.
Fines and Penalties:
May require voter approval of fines, penalties, and levies for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties.
In summary, the Taxpayer Protection and Government Accountability Act would revise the California Constitution with provisions that limit voters’ authority and input, adopt new and stricter rules for raising taxes and fees, and may make it more difficult to impose fines and penalties for violation of state and local laws. The measure puts billions of local government tax and fee revenues at risk statewide with related core public service impacts
CEQA STATUS:
No Impact
FINANCIAL IMPACT:
The Taxpayer Protection and Government Accountability Act has the potential to limit how the City of Calistoga may charge fees or assess penalties which could result in a reduction of funding to the City of Calistoga for core services.
ATTACHMENT(S):
5.21.24 Opposition Letter
PDF Cal-Cities
Item #6.3.
APPROVAL(S):
Connie Cardenas, Admin. Services Director Approved - May 10 2024 Laura Snideman, City Manager Approved - May 10 2024
Yudiana Galvan, City Clerk Approved - May 13 2024
Item #6.3.
Exhibit A
May 21, 2024
League of California Cities
c/o Public Affairs Department
1400 K Street, Suite 400
Sacramento, CA 95814
RE: Letter Opposing Initiative 21-0042A1
On May 21, 2024, the City of Calistoga voted to oppose Initiative #21-0042A1, a November 2024 statewide ballot proposition. The measure is a significant threat to local control and voters’ rights that could jeopardize funding for vital services.
This measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, which could force residents and taxpayers to pay more to maintain services.
The measure puts billions of dollars currently dedicated to local services at risk, and could force cuts to fire and emergency response, law enforcement, services to support homeless residents, and more.
The measure is also an attack on voters’ rights, containing undemocratic provisions that would make it more difficult for local voters to pass measures to fund local services, provisions that retroactively cancel measures recently passed by voters, and provisions that prevent voters from passing advisory measures that provide direction on how they want their local tax dollars spent.
Furthermore, the measure contains intentionally vague and restrictive language that will encourage hundreds of frivolous lawsuits against cities and local governments — costing taxpayers millions and blocking investments, development and long-term planning.
The Taxpayer Protection and Government Accountability Act has the potential to limit how the City of Calistoga may charge fees or assess penalties which could result in a reduction of funding to the City of Calistoga for core services inclidng building permit fees, fire inspections, code enforcement funds and more.
You may list the City of Calistoga's formal opposition to Initiative #21-0042A1 and include our city as part of the growing coalition of public safety, labor, local government, infrastructure advocates, and other organizations throughout the state opposed to this deceptive proposition.
Sincerely,
Donald Williams
Mayor
City of Calistoga
Item #6.3.
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Item #6.3.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Greg Desmond, Planning and Building Director
Meeting: City Council - May 21 2024
Subject: Amendment to Professional Services Agreement No. 892 for Building Official, Building Inspection and Plan Check Services
DESCRIPTION:
Amendment No. 1 to Professional Services Agreement No. 892 for Building Official, Building Inspection and Plan Check Services with Bureau Veritas North America, Inc.
RECOMMENDATION:
Consider approving Amendment No. 1 to Agreement No. 892 for Building Official, Building Inspection and Plan Check Services with Bureau Veritas North America, Inc. Increasing their contract approved via Resolution No. 2023-87 on December 19, 2023, from $125,000 to $200,000.
BACKGROUND/SUMMARY:
Agreement No. 892 between the City and Bureau Veritas North America, Inc. was initiated in 2021.
ANALYSIS:
Agreement No. 892 provides the City with building official, building inspection and plan check services on a contractual basis as opposed to filling these positions with full-time, in-house staff.
These positions are critical in that they ensure that the City is reviewing and inspecting projects for compliance with local, state and federal regulations as well as providing developers and the general public with accurate and helpful information regarding the building and development process.
CEQA STATUS:
This action does not meet the definition of a “project” under the California Environmental Quality Act (CEQA).
FINANCIAL IMPACT:
Funds for Amendment No. 1 will be paid from 01-4125-4402. The amount is within the budget appropriated in this account for the 2023/2024 fiscal year.
ATTACHMENT(S):
bv amendment 1 - amendment with fee and scope - 2024
bv amendment 1 - reso - 2024
APPROVAL(S):
Item #6.4.
Connie Cardenas, Admin. Services Director Approved - May 13 2024 Laura Snideman, City Manager Approved - May 14 2024
Yudiana Galvan, City Clerk Approved - May 14 2024
Item #6.4.
AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
BUILDING OFFICIAL, BUILDING INSPECTION AND PLAN CHECK SERVICES AMENDMENT NO. 1 TO AUTHORIZING AGREEMENT NO. 892
This Amendment No. 1 (“Amendment”) to Authorizing Agreement No. 892 (“Agreement”) is dated this 21st day of May 2024, by and between the City of Calistoga, herein called the "City", and Bureau Veritas North America, Inc. (BVNA), herein called the "Consultant".
RECITALS
A. City and Consultant entered into the Agreement effective August 9, 2021, by which the Consultant agreed to provide Building Official, Building Inspection and Plan Check services more particularly described in the Agreement.
B. City and Consultant have operated under this Agreement with annual contract updates since this agreement was adopted.
C. The latest contract between the City and Consultant was adopted via Resolution No. 2023-87 on December 19, 2023, for a not to exceed amount of $125,000.
B. Due to additional anticipated costs related to work authorized by the City, both parties agree it is necessary to amend the Agreement and not-to-exceed amount for fiscal year 2023-24.
AGREEMENT
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Not to Exceed Amount. This amendment increases Bureau Veritas North America Inc’s not-to-exceed budget for non-cost recovery items by $75,000 for a total of $200,000 for fiscal year 2023-24.
2. Incorporation by Reference. This Amendment hereby incorporates by reference all terms and conditions set forth in the Agreement, unless specifically modified by this Amendment. All terms and conditions set forth in the Agreement which are not specifically modified by this Amendment shall remain in full force and effect.
IN WITNESS WHEREOF, the City and Consultant have executed this Agreement as of the date first above written.
CITY OF CALISTOGA
By: ________________________________
Greg Desmond, Planning/ Building Director
BUREAU VERITAS NORTH AMERICA
By: ____________________________
Craig Baptista, Vice President
Item #6.4.
Amendment No. 1 to PSA 892 with Bureau Veritas North America, Inc.
May 21, 2024
ATTEST
_______________________
Yudiana Galvan, City Clerk
Item #6.4.
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Exhibit A
Scope of Services
SCOPE OF WORK
BUILDING AND SAFETY SERVICES
Chief Building Official Administrative Services
BVNA shall provide a person subject to the City's approval. The Chief Building Official (CBO) shall be responsible for overseeing building inspections, code compliance and acts as an official City representative on building related matters.
The Chief Building Official responsibilities include, but are not limited to:
• Quality control review of plan checks and inspections • Resolution of resident inquiries, complaints
• Building Official Administration, processing of complex Building Code issues and dispute resolution • Contribute the necessary resources to the configuration, implementation and ongoing support of an automated permitting system
• Review discretionary applications for preliminary compliance with construction codes • Review and update the Building/Safety Procedures Manual • Plan Review Support
• Support of Planning Commission & City Council staff reports related to Building & Safety items • Periodic attendance at Planning Commission & City Council meetings (as needed) • Oversight and supervision of all Building and Safety Services personnel in the duties including all personnel conducting inspections or otherwise performing services requiring certification and on-going training shall maintain all applicable inspection certificates and proof of required ongoing certification training, as applicable and required within the State of California to conduct inspections and perform services described within the Agreement.
• Determinations on whether projects are subject to minor or major project review (plan check) process, or otherwise require additional review.
• All other duties and responsibilities required of a Chief Building Official under federal, state, and local law, policy, or ordinance.
PLAN REVIEW SERVICES
When notified by the jurisdiction, Bureau Veritas North America, Inc. (BVNA) shall perform plan review services. Plan review services shall consist of the review of plans and documents for compliance with jurisdiction adopted or enforced codes and regulations. Plan review services will be provided in accordance with accepted standards of practice for governmental plan review and in conformance with the policies, procedures, interpretations, and practices of the jurisdiction.
Building Plan Review
Plan Review services shall be conducted as required by the Jurisdiction’s Building Code, Residential Code, Mechanical Code, Electrical Code, Plumbing Code, Fuel Gas Code and Energy Code, and other provided code related documents, as approved by the Jurisdiction. Applicants will be notified of Plan Review Comments and are responsible for addressing comments to the satisfaction of the Jurisdiction. The Jurisdiction has final interpretive authority over all plans and specifications. Permits are issued by the Jurisdiction.
Fire Plan Review
Commercial, Multi-Family and Single Family Fire Sprinkler System Plan Review, Commercial Fire Alarm Plan Review, Commercial Underground Fire Sprinkler System Plan Review, Commercial Alternative Fire Extinguishing Systems (includes Kitchen Fire Suppression System, Clean Agent Systems, and CO2 Systems) Plan Review and Commercial Above and Below Ground Fuel Storage Tank Plan Review shall be conducted as required by the Jurisdiction’s Fire Code, and other provided code related documents, as approved by the Jurisdiction. Applicants will be notified of Plan Review Comments and are responsible for addressing comments to the satisfaction of the Jurisdiction. The Jurisdiction has final interpretive authority over all plans and specifications. Permits are issued by the Jurisdiction.
Item #6.4.
Page | 2
Plan review services shall be identified in the project task order and corresponding rate schedule. If corrections are required, BVNA will prepare comment or correction letters. The correction letter shall describe each required correction or addition, and reference the applicable code section. If plans are recommended for approval, a letter noting reviewed for compliance will be provided and upon request plans can be stamped “Reviewed for Code Compliance” to indicate that the plans have been reviewed by BVNA and found to be in substantial compliance with applicable codes.
Typical turnaround times for building plan review are as follows:
Service Initial
Check
(working
days)
Recheck
(working
days)
Expedit
ed Initial
Review
Expedited
Recheck
Commercial TI 10 7 7 5
Residential addition and/or accessory
building
10 5 7 3
New Residential 10 7 5 3
Multi-Residential and New Multi-Residential,
Commercial, and Industrial
15 10 10 7
Complex, large, or unusual project *
*Turnaround times for unusually complex or large projects can be negotiated.
Building Inspections
Inspection services shall be conducted as required by the Jurisdiction’s Building Code, Residential Code, Mechanical Code, Electrical Code, Plumbing Code, Fuel Gas Code and Energy Code. Special inspections as specified in chapter 17 and non-prescriptive structural inspections of the adopted California Building Code are not included and may be required as specified in the California Building Code. Any violations of the Jurisdiction’s codes or concealment of any work prior to approval by BVNA will be reported to the Building Official of the Jurisdiction. The Building Official of the Jurisdiction is the final interpretive authority and the Certificate of Occupancy will be issued at the discretion of the Jurisdiction.
Fire Services Inspections
Commercial, Multi-Family and Single Family Fire Sprinkler System Inspection, Commercial Fire Alarm Inspection, Commercial Underground Fire Sprinkler System Inspection, Commercial Alternative Fire Extinguishing Systems (includes Kitchen Fire Suppression System, Clean Agent Systems, and CO2 Systems) Inspection, Commercial Above and Below Ground Fuel Storage Tank Inspection and Commercial Fire Certificate of Occupancy Inspection services shall be conducted as required by the Jurisdiction’s Fire Code.
Any violations of the Jurisdiction’s codes or concealment of any work prior to approval by BVNA will be reported to the Building Official of the Jurisdiction. The Building Official of the Jurisdiction is the final interpretive authority.
Item #6.4.
Page | 8
Attachment B1
Fee Schedule
SCHEDULE OF FEES
CITY OF CALISTOGA, PROFESSIONAL BUILDING OFFICIAL, PLAN CHECK AND BUILDING
INSPECTION SERVICES
May 6, 2024
Bureau Veritas’ pricing reflects our commitment to the success of your project by helping you maintain significant quality and cost saving benefits moving forward. Our rates include services for professional building official, plan check and building inspection services on an as-needed basis.
These include:
• Reduced plan review turnaround times
• Implementation of established electronic plan review processes • Confidence of working with a well-established consultant in business for 195+ years
PLAN REVIEW FEES
1. 75% of the plan review fee charged by the city as per the City of Calistoga fee schedule.
Percentage includes the initial review plus 2 re-checks. Any additional reviews, revisions to approved plans, or extra scope will be charged at the hourly rates below.
ONSITE SERVICE FEES
Classification Billing Rates Notes
2. Building Official $150.00/hr.
$187,000 Annually
Assumes 3 days per
week support
3. Senior Inspector $130.00/hr.
$108,160 annually
Assumes 2 days per
week support
4. Fire Inspector $135.00/hr.
$56,160 annually
Assumes up to 8
hours week support
AVAILABLE SERVICES AND HOURLY BILLING RATES
Classification Hourly Billing Rate
5. Senior/Structural Plan Check Engineer $155.00/hr.
6. Fire Marshal $155.00/hr.
7. Plan Check Engineer / Sr. ICC Plans Examiner $135.00/hr.
8. Fire Protection Engineer $165.00/hr.
9. CASp Plans Examiner / CASp Inspections $135.00/hr. / $150.00/hr.
10. ICC Plans Examiner $120.00/hr.
11. Fire Plans Examiner/Inspector $135.00/hr.
12 Project Inspector (IOR) $145.00/hr.- $155.00/hr.
13. Code Enforcement $115.00/hr.
14. Permit Technician $65.00 - $75.00/hr.
15. Admin / Clerical $55.00 - $65.00/hr.
• Fast track / Expedited plan reviews shall be an additional 1.5 times the fees shown above. • Overtime (OT) will be charged at 1.25 times the standard hourly rate; hours worked on a designated holiday will be charged at the appropriate OT rate. No overtime will be charged without approval. • Rates and cost estimates shown above exclude per diem, prevailing wage and union rates. Should these be applicable, BV will discuss and negotiate fees to account for increased personnel costs. • Hourly rate subject to annual adjustment in accordance with CPI from Engineering News Record(ENR) with the City’s prior approval.
• Mileage for employee-owned vehicles used in connection with the work will be at the current IRS rate. • Services to be invoiced monthly; plan review fee to be invoiced after initial review.
Item #6.4.
ATTACHMENT 1
RESOLUTION NO. 2023-XXX
Authorizing Agreement No. 892
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH BUREAU VERITAS NORTH AMERICA, INC. (BVNA)
FOR BUILDING OFFICIAL, INSPECTION, PLAN CHECK SERVICES
WHEREAS, the City desires to utilize a professional consultant for the highlyspecialized and critical building official, building inspection and plan check services for the Planning & Building Department; and
WHEREAS, BVNA is a large company that specializes in providing similar services to municipalities and has the ability to provide a wide range of services on an as-needed basis, including for large and complex projects.
WHEREAS, BVNA is currently providing these services in other local Cities such as Santa Rosa and Healdsburg, and the proximity of their personnel to Calistoga will allow the City to efficiently cover its needs.
WHEREAS, the costs associated with the provision of consulting services will be recovered in part through the revenue collected in conjunction with the processing of building permit applications, and the Department’s FY 23-24 budget for contract services (01-4125-4402) not to exceed $125,000.
WHEREAS, an amendment to the contracting services budget of $75,000 is required in order to provide a continued high level of service in light of an increase in development activity. There is sufficient funding in the Department’s FY 23-24 budget (01-4125-4402) to accommodate this amendment.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Calistoga hereby authorizes the City Manager to enter into a professional services agreement with BVNA for the provision of building official, building inspection and plan check services.
PASSED, APPROVED AND ADOPTED this 21st day of MAY 2024. I YUDI 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:
___________________________
DONALD WILLIAMS, Mayor
ATTEST:
Item #6.4.
ATTACHMENT 1
_________________________
Yudi Galvan, City Clerk
Item #6.4.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Greg Desmond, Planning and Building Director
Meeting: City Council - May 21 2024
Subject: Discuss and consider amendments to CMC Chapter 5.12 and Chapter 17.21 DESCRIPTION:
Consider an Ordinance of the City of Calistoga Amending Municipal Code Chapter 5.12 Mobile Food Vendors and Chapter 17.21 Downtown Commercial District to permit mobile food vendors to operate on private property in the Downtown Commercial (DC) district.
RECOMMENDATION:
Following a public hearing, discuss and consider an Ordinance of the City of Calistoga Amending Municipal Code Chapter 5.12 Mobile Food Vendors, Section 5.12.010(E)(1) regarding where mobile vending vehicles may operate and Chapter 17.21 Section 17.21.020 allowing mobile vending on private property as a permitted use.
BACKGROUND/SUMMARY:
The ordinance commonly referred to as the "food truck" ordinance was adopted by the City Council on August 15, 2023, and was implemented in September of 2023. On April 9, 2024, the City Council requested that staff bring this item back to the City Council for discussion regarding specifying additional locations for mobile food vending vehicles to operate.
ANALYSIS:
CMC Chapter 5.12 Mobile Food Vendors Section 5.12.010(E)(1) outlines the following operational (locational) requirements of mobile food vending vehicles.
1. Private Property. Currently states: Mobile vending vehicles may conduct vending on private property in the Community Commercial (CC) and Light Industrial (I) zoning districts only.
On April 9, 2024, the City Council requested that locations in the Downtown Commercial (DC) zoning district be revisited as potential locations for mobile food vending vehicles to operate.
The proposed amendment (ATTCH 1) will amend CMC Chapter 5.12, Section 5.12.010(E)(1) and Chapter 17.21, Section 17.21.020, indicating that mobile vending may occur on private property in the Downtown Commercial (DC) district as a permitted use.
CEQA STATUS:
This action does not meet the definition of a “project” under the California Environmental Quality Act (CEQA).
Item #7.1.
FINANCIAL IMPACT:
None
ATTACHMENT(S):
attch1- ord 7XX cmc chapter 5.12 and 17.21 - amendment
APPROVAL(S):
Connie Cardenas, Admin. Services Director Approved - May 10 2024 Laura Snideman, City Manager Approved - May 10 2024
Yudiana Galvan, City Clerk Approved - May 13 2024
Item #7.1.
ATTACHMENT 1
ORDINANCE NO. 7**
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CALISTOGA AMENDING CALISTOGA MUNICIPAL CODE CHAPTER
5.12. MOBILE FOOD VENDORS, SECTION 5.12.010 (E)(1). AND CHAPTER 17.21 DOWNTON COMMERCIAL DISTRICT, SECTION
17.21.020 REGARDING WHERE MOBILE VENDING VEHICLES MAY
CONDUCT VENDING
WHEREAS, on August 15, 2023, the City Council adopted Ordinance No. 761 Mobile Food Vendors; and
WHEREAS, the new ordinance was implemented in September of 2023; and WHEREAS, on December 19, 2024, the City Council discussed amendments to the Mobile Food Vendor Ordinance; and
WHEREAS, on March 19, 2024, the City Council adopted Ordinance No. 767, amending the Mobile Food Vendor Ordinance to prohibit mobile food vendors along Wappo Avenue within the public right-of-way; and
WHEREAS, the City Council, on April 9, 2024, requested that locations in the Downtown Commercial (DC) zoning district be revisited as potential locations for mobile food vending to occur on private property; and
WHEREAS, the City Council, during its discussion on May 21, 2024, directed staff to expand locations for mobile food vendors to operate to include private property in the Downtown Commercial (DC); and
WHEREAS, the draft amendments were released to the public for review on the City’s website and published in the Calistoga Tribune on May 10, 2024; and WHEREAS, during its review, the City Council considered the public record, including the staff report, findings, and any written materials and testimony presented by the public during the hearing; and
WHEREAS, to ensure public health and safety, the City Council does desire to enact the following regulations related to mobile food vending.
NOW, THEREFORE, THE CALISTOGA CITY COUNCIL DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION ONE
Findings: The above recitals are incorporated herein as if set forth herein in full and each is relied upon independently by the City Council for its adoption of this Ordinance.
SECTION TWO
Chapter 5.12.010(1) of the Calistoga Municipal Code is hereby amended to read as follows:
Item #7.1.
1. Private Property. Mobile vending vehicles may conduct vending on private property in the Community Commercial (CC), Downtown Commercial (DC), and Light Industrial (I) zoning districts only.
SECTION THREE
The Section 17.21.020, “Permitted primary uses,” of the Calistoga Municipal Code is hereby amended to include as follows:
** Mobile food vendors, subject to the requirements of CMC Chapter 5.12 Mobile Food Vendors.
SECTION FOUR
The City Council hereby determines that this Ordinance is exempt from review under the California Environmental Quality Act (CEQA). Pursuant to Section 15061(b)(3) of the CEQA Guidelines, CEQA applies only to projects which have the potential for causing a significant effect on the environment. This Ordinance will not result in a significant foreseeable environmental impact.
SECTION FIVE
Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective.
Effective Date. This Ordinance shall take effect 30 days from its passage, and shall be published in accordance with the law, in a newspaper of general circulation published and circulated in the City of Calistoga.
SECTION SIX
Publication. The City Clerk is directed to cause this Ordinance to be published in the manner required by law.
THIS ORDINANCE was introduced with the first reading waived at the City of Calistoga City Council meeting on the 21st day of May 2024, and was passed and adopted at a regular meeting of the Calistoga City Council on the 21st day of May by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
Yudiana Galvan, CMC, City Clerk Donald Williams, Mayor
Item #7.1.
Dated:
Item #7.1.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Rachel Melick, Parks & Recreation Director
Meeting: City Council - May 21 2024
Subject: Amendment to Special Events Ordinance of the Calistoga Municipal Code Chapter 5.18 Special Events, Section 5.18.030 Applicability.
DESCRIPTION:
Consider an Ordinance of the City of Calistoga Amending Municipal Code Chapter 5.18 Special Events, Section 5.18.030 regarding the applicability of and exemptions from the special event permit requirement to remove the Napa County Fairgrounds from the enumerated list of exempted government agencies.
RECOMMENDATION:
Move to adopt and waive further reading of Ordinance number 771 amending the Municipal Code Chapter 5.18 Special Events, Section 5.18.030.
BACKGROUND/SUMMARY:
Chapter 5.18 of the Calistoga Municipal Code, “Special Events” sets forth the criteria for the approval of permits to allow special events as long as those activities are consistent with public health and safety and the protection of property. Section 5.18.30 of the Calistoga Municipal Code, “Applicability” sets forth the scope of the special events permit requirements. It requires special event permits for “any assembly or congregation of persons, display, entertainment, or demonstration, which involves the use of City facilities or public property, unless otherwise exempted.
Calistoga Municipal Code section 5.18.30(B)(1) exempts governmental agencies, including the Napa County Fairgrounds and Calistoga Joint Unified School District, acting within the scope of their authorized functions from obtaining a special event permit.
ANALYSIS:
With operational responsibility for and ownership of the Napa County Fairgrounds by the City anticipated to occur in July of 2024, the governmental agency designation and exemption for the Fairgrounds property will no longer be applicable. Additionally, the City’s general protocol is to require a special event permit for any use of City-owned facilities. Special events on City-owned property generally require a commitment of significant city resources, including public safety to regulate vehicular and pedestrian traffic, public works crews to regulate maintenance impacts, enforcement staff to issue citations, and administrative staff to monitor city costs and revenues.
This amendment to Section 5.18.030(B)(1) is necessary to ensure that when the City takes ownership of the property any party wishing to organize a special event on the property should be Item #8.1.
required to obtain a special event permit as per Chapter 5.18 of the CMC. The amendment accomplishes this by removing the phrase “Napa County Fairgrounds” from the enumerated examples of government agencies exempted from the ordinance.
CEQA STATUS:
This action does not meet the definition of a “project” under the California Environmental Quality Act (CEQA).
FINANCIAL IMPACT:
None at this time.
ATTACHMENT(S):
Attachment 1 Special Events Section 5.18 Amend 4889-1133-4588 FINAL APPROVAL(S):
Connie Cardenas, Admin. Services Director Approved - May 09 2024 Laura Snideman, City Manager Approved - May 10 2024
Yudiana Galvan, City Clerk Approved - May 10 2024
Item #8.1.
4894-8891-7437 v2
ATTACHMENT 1
ORDINANCE NO. 771
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CALISTOGA AMENDING CALISTOGA MUNICIPAL CODE CHAPTER
5.18. SPECIAL EVENTS, SECTION 5.18.030 “APPLICABILITY”.
WHEREAS, the City Council recognizes the community benefits provided by regulated and safe events on public streets, parks and city facilities; and WHEREAS, these gatherings provide opportunities for the exercise of First Amendment rights, cultural enrichment, promote economic stimulus to local businesses and enhance community identity; and
WHEREAS, public assemblies, parades and other special events also require a commitment of significant city resources, including public safety to regulate vehicular and pedestrian traffic, public works crews to regulate maintenance impacts, enforcement staff to issue citations, and administrative staff to monitor city costs and revenues; and
WHEREAS, Chapter 5.18 of the Calistoga Municipal Code, “Special Events” Ordinance sets forth the criteria for the approval of permits to allow special events as long as those activities are consistent with the public health and safety and the protection of property; and
WHEREAS, Section 5.18.30 of the Calistoga Municipal Code, “Applicability” requires special event permits for “any assembly or congregation of persons, display, entertainment, or demonstration, that involves the use of City facilities or public property; unless otherwise exempted; and
WHEREAS, Section 5.18.30(B)(1) of the Calistoga Municipal Code exempts governmental agencies, including the Napa County Fairgrounds when acting within the scope of its authorized function from obtaining a special event permit; and WHEREAS, the transfer to the City of Calistoga of operational responsibility for and ownership of the Napa County Fairgrounds is anticipated to occur in July of 2024, and
WHEREAS, upon acquisition of the Napa County Fairgrounds by the City of Calistoga, the governmental agency exemption from the special event permit requirement for the property is neither appropriate nor desirable; and WHEREAS, the City wishes to remove the specific governmental agency exemption for the property.
NOW, THEREFORE, THE CALISTOGA CITY COUNCIL DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION ONE
Findings: The above recitals are incorporated herein as if set forth herein in full and Item #8.1.
4894-8891-7437 v2
each is relied upon independently by the City Council for its adoption of this Ordinance.
SECTION TWO:
AMENDEMENT. Section 5.18.030(B) 1. (Exemptions) of Chapter 5.18 (Special Events) within Title 5 (BUSINESS TAXES, LICENSES AND REGULATIONS) shall be amended to read in its entirety as follows:
“B. Exemptions.
1. Governmental agencies, including but not limited to the Calistoga Joint Unified School District, acting within the scope of their authorized function.
SECTION THREE
The City Council hereby determines that this Ordinance is exempt from review under the California Environmental Quality Act (CEQA). Pursuant to Section 15061(b)(3) of the CEQA Guidelines, CEQA applies only to projects which have the potential for causing a significant effect on the environment. This Ordinance will not result in a significant foreseeable environmental impact.
SECTION FOUR
Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective.
Effective Date. This Ordinance shall take effect 30 days from its passage, and shall be published in accordance with the law, in a newspaper of general circulation published and circulated in the City of Calistoga.
SECTION FIVE
Publication. The City Clerk is directed to cause this Ordinance to be published in the manner required by law.
THIS ORDINANCE was introduced with the first reading waived at the City of Calistoga City Council meeting on the 21st day of May 2024, and was passed and adopted at a regular meeting of the Calistoga City Council on the _______ day of June by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
Item #8.1.
4894-8891-7437 v2
Yudiana Galvan, CMC, City Clerk Donald Williams, Mayor
Dated:
Item #8.1.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Yudiana Galvan, City Clerk
Meeting: City Council - May 21 2024
Subject: Presentations, Proclamations and Awards Draft Policy DESCRIPTION:
Consider approving the Presentations, Proclamations and Awards Policy RECOMMENDATION:
Consider approving the draft Policy presented.
BACKGROUND/SUMMARY:
The purpose of this policy is to establish administrativeguidelines and procedures for the issuance of presentation time, proclamations and awards during Regular City Council Meetings in the interest of consistency.
CEQA STATUS:
No Impact
FINANCIAL IMPACT:
No Impact
ATTACHMENT(S):
DRAFT Proclamations and Presentations Policy
APPROVAL(S):
Connie Cardenas, Admin. Services Director Approved - May 10 2024 Laura Snideman, City Manager Approved - May 14 2024
Yudiana Galvan, City Clerk Approved - May 14 2024
Item #8.2.
DRAFT
CITY COUNCIL POLICY:
SUBJECT: PRESENTATIONS, PROCLAMATIONS AND AWARDS
PURPOSE:
The purpose of this policy is to establish guidelines and procedures for the issuance of presentation time and proclamations during Regular City Council Meetings. To preserve as much time as possible for conducting business of municipal concern, there shall only be one presentation or one proclamation presented per meeting.
If a proclamation request is received for a meeting date where a departmental presentation has already been scheduled, the presentation will take priority and the proclamation request, if eligible, shall be placed on the consent calendar and the certificate mailed to the applicant without discussion during the City Council Meeting. The City Clerk has discretion regarding the scheduling of presentations and proclamations. Any exception to this policy shall only be made with the approval of the Mayor in conjunction with the City Manager.
PROCLAMATIONS
ELIGIBILITY:
Requests for proclamations shall establish that an identified organization, individual, or event warrants acknowledgment by the City to honor or highlight the following:
• Extraordinary achievement or outstanding community service to the City • Fundraising events or milestone anniversaries of local non-profit organizations • Art, civic or cultural celebrations directly related to the City • Public awareness campaigns that directly affect the community Regardless of whether a proclamation qualifies under the above guidelines, the City will not issue proclamations related to matters of ideological or religious beliefs, individual conviction, or political and legislative issues that may suggest an official City position or endorsement. However, this prohibition shall not be interpreted as preventing· the City from recognizing cultural events or holidays celebrated by religious groups in the City or circumstances regarding human success, hardship or grief impacting a community within the City. Proclamations will not recognize any group whose policies or objectives advocate violence, hatred or any other position contrary to the well-being of the citizens of Calistoga.
Item #8.2.
Proclamations presented during a Regular City Council Meeting will include a certificate to be received by the applicant who must be present. The recipient will have the option to speak during this time, limited to three minutes. If the applicant is not present, the proclamation will not be discussed by Council and the certificate will be mailed. Proclamations agendized in the consent calendar because of a presentation conflict will include a proclamation certificate to be mailed to the applicant after the meeting and will not include Council presentation or applicant speaking time during the meeting.
PROCEDURES:
All requests for a proclamation shall be made to the City Clerk at least six weeks before the proposed meeting date via email or hand delivery and shall include a digital, editable, one-page sample of the proclamation that can be used as a template by the City Clerk’s Office to prepare the document. If there are multiple eligible proclamation requests made for the same meeting, the one submitted first will be approved. The request shall include:
• Applicants first and last name, phone number and email address. • A brief summary of the event or organization and its direct tie to the Calistoga Community and information relevant to the eligibility requirements. • Specific meeting date or month the event is to be proclaimed.
The City retains the right to modify, edit or otherwise amend the proclamation to meet document space, City or Policy requirements. The City Clerk will determine if the proclamation request is eligible for presentation or eligible to be agendized on the consent calendar or neither. The City reserves the right to deny a proclamation request or cancel the proclamation presentation at any time at the discretion of the City Manager in conjunction with the Mayor. No proclamation shall be used as part of an advertisement or commercial promotion without the express permission of the City Manager in conjunction with the Mayor.
PRESENTATIONS:
DEPARTMENTAL PRESENTATIONS BY STAFF:
Staff presentations will be placed on the agenda by request of the City Manager or the Council.
The City Clerk will have discretion over the scheduling of presentations. Departmental presentation shall be limited to five minutes per topic and ten minutes for Council questions.
With the prior approval of the City Manager, staff may use up to an additional five minutes for their presentation. Staff shall utilize this time to make any other annual departmental announcements such as employee service awards or similar items. No single presentation, including questions, will extend beyond a total of twenty minutes. The City Clerk will be responsible for time management. If there is to be presentation aids, such as PowerPoint or handouts they shall be turned into the City Clerk via email 14 days before the meeting for approval and inclusion into the agenda.
Item #8.2.
PRESENTATIONS BY COMMUNITY MEMBERS:
ELIGIBILITY:
Any requests for presentations shall establish that:
• The topic or information being presented is of direct municipal concern to the City of Calistoga.
• The presenter has verified that all the information to be presented to the Council is true and accurate.
• The Council and Community will benefit greatly by knowing more about the presenter's topic, project or concern.
Regardless of whether a presentation qualifies under the above guidelines, the City will not issue presentation time to requests related to matters of ideological or religious beliefs, individual conviction, or political and legislative issues that may suggest an official City position or endorsement or to any group whose policies or objectives advocate violence, hatred or any other position contrary to the well-being of the citizens of Calistoga. The City reserves the right to deny a presentation request or cancel the presentation at any time at the discretion of the City Manager in conjunction with the Mayor.
PROCEDURES:
Any requests for presentation time by a community member or organization shall be made to the City Clerk at least six weeks before the proposed meeting date via email or hand delivery.
If a presentation request is submitted for a meeting date where a departmental presentation has already been scheduled, the request will be denied. The presenter may request another date or use the three-minute public comment time during the Council Meeting.
The request shall include:
• Applicant's first and last name, phone number and email address. • A brief summary of the event or organization and its direct tie to the Calistoga Community.
• Specific meeting date requested for the presentation. • Any presentation aids such as PowerPoint or handouts. (Visual/electronic aids, handouts or other presentation materials will not be permitted during the meeting unless previously submitted to the Clerk.)
Presentations by a community member or organizations shall be limited to five minutes per topic and an additional ten minutes for Council questions. No single presentation by a community member or organization, including Council questions will extend beyond a total of fifteen minutes. The City Clerk will be responsible for time management of the presentation.
Item #8.2.