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MAR2
RESOLUTION NO. 93-5
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA,
COUNTY OF NAPA, STATE OF CALIFORNIA APPROVING AGREEMENT
FOR THE ISSUANCE OF ROUTINE ENCROACHMENT PERMITS ON
STATE HIGHWAYS IN THE CITY OF CALISTOGA
WHEREAS, the State of California, through its Business, Transportation and Housing Agency, the Department of
Transportation has presented an Agreement for the issuance of routine encroachment permits on State Highways in the City of Calistoga effective and to remainin effect until amended or terminated; and
WHEREAS, said Agreement for the issuance of routine
encroachment permits on State Highways in the City of Calistoga has been approved this 19?1 day of Jmumzz ,1993 and to
remain in effect until amended or terminated; and
WHEREAS, the City Council of the City of Calistoga has heard and read said Agreement in full and is familiar with its contents; and
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Calistoga does hereby state that said Agreement for the issuance of routine encroachment permits on State Highways in the City of Calistoga is hereby approved; and
BE IT FURTHER RESOLVED that the Mayor and the City Clerk respectively are further directed to sign Agreement on behalf of the said City.
PASSED, APPROVED, and ADOPTED by the City Council of the City of Calistoga at a regular meeting held this 12th day of January 1993 by the following vote:
AYES:Counci1member Trout, Mayor Oyarzo, Co cilmembers Fundy, Ranieri‘ and NOES : None Marberry.
ABSTAIN/ABSENTzNone
Laverne Oyarzo, Mayo
ATTEST: M—
Patt Osborne, City Clerk
Item #8.2.
“ix \
, k .
‘
: .A/
' STATEOF CALIFORNIA—BUSINESS, TRANSPORTATIONAND HOUSING AGENCY . PETEWILSON, Gowmor
x ’DEPARTMENTOF- TRANSPORTATION
BOX 23660
OAKLAND, CA. ’94623-0660
(510) 286-4444
TDD (510) 236-4454
December 18, 1992
404.20
Mr. Waldo Kolb
Department of Public Works
City of Calistoga
1232 Washington Street
hCalistoga, CA 94515
Subject: Agreement to Issue Encroachment Permits
Dear Mr. Kolb:
As discussed at our December 16, 1992, subject meeeting, for .7 your information we are transmitting herewith: i. 3
a! Encroachment Permit Form TR0126
Encroachment Permit Rider Form TR0127
Completion Notice Form TR0129
Encroachment Permit Fee Schedule (1/90)
Standard Special Provisions for type AD, BR, CS, DM,
MC(p), SV(counters) and RS permits.
Should you have any questions, call me at (510) 286-4424.
Sincerely,
PRESTON W. KELLEY
District Director
”W.
R. L. CASHION
District Permit Engineer
Attachment
Item #8.2.
i“
n ; r
.. STATED?"CALIFORNIA- DEPARTMENTOF TRANSPORTATION
ENCROACHMENT PERMIT(CITY)
TR-0126 (new 9/91) PermitNo.
‘ Dist/CoimeIPM
Incompliance with(Check one):
Date
C] Your application of
W
E] UtilityNotice No. __ of S s
[3 Agreement No. 0f...__'—_
D R/W Contract No. of
To: [——. —l
|_ J , PERMITTEE
and subject to the following, PERMISSIONIS HEREBYGRANTEDto:
\
in additionto fee, the permittee will
be billed actual costs tor:
D Yes El No Review
[:I Yes [:I No Inspection
[I Yes _____ Fieldwork
The followingattachments are also included as part of this permit (Check applicable):
[:I Yes _ __ __ __ General Provisions
[I Yes}; I] No UtilityMaintenance Provisions
I] Yes: [:I No Special Provisions
D Yes I: No A CaLOSHApermitrequiredpriorto beginningwork; #
[:| Yes
. [3 MA. The informationinthe environmentaldocumentationhas been reviewedand considered priorto ‘
‘ approval ofthis permit.
(Ifany Caitrans effort expended)
This permit is void unless the work is completed before , 19 This permitis to be strictly construed and mother work other than specificallymentioned is hereby authorized.
No project work shall be commenced untilallother necessary permits and environmentalclearances have been obtained.
Thispermit is issued by the undersigned citypursuant to delegation APPROVED:
cl maintenance cl State highways by agreement between the dry 3 State. .DistrictDirector crrY:
STATE: .DistrictPermitEngEneer
Item #8.2.
\/\
STATE0%CALIFORNIA‘ DEPARTMENTOF TRANSPORTATION
ENCROACHMENT PERMITRIDER(CITY)
TR-0127(NEW9/91) -
PermitNo.(Original),
RldorFee Paid Dist/CWRWPM
Date
TO: [——
l _|
|_
I _J , PERMITI’EE
In compliance with (your, our) request of—'___ .19— we are hereby amending the above numbere d
encroachment permit as follows: '
Date of completion extended to: I: NCCHANGE I]
Except as amended.all other terms and provisionsof the originalpermitshall remain in effect.
Thispermit is Issued by the undersigned citypursuant to delegation APPROVED:
of maintenance a! State highways by agreement between the citya State. .DistrictDirector CITY:
.DistrictPermitEngineer
FM9I 1439
Item #8.2.
i STATE OF CALIFORNIA- DEPARTMENTOF TRANSPORTATION
COMPLETIONNOTICE
TR 0129 (Rev. 1/92)
DATEWORKCOMPLETED PERMITNUMBER
FEEIDEPOSITPAID
ROUTETO: 1) DistrictPermitOf?ce and Copy Maintenance
2) DistrictAccountingOffice for billing ' a) Copy to localagency for agreement work
PERMITTEENAME
DIST/CORTEIPM
ASSOCIATEDPERMITSOR RIDERS
ROAD.NAME.INTERSECTION. ETC.
DESCRIPTIONOF WORK
INSPECTOR'SCOMMENT
I
PERMITSTAFF .
0 Workis not complete;this noticeis forprogress billingonly.
CI To the best of my knowledge,workwas completedinaccordance withpermit requirements.
PERMITINSPECTOR
BILLING(For Permit Office use)
was NO HOURS
OTHERCALTRANSUNITS
ACTUALINSPECTIONHOURS
(Not for br7lingpurposes)
PERMITINSPECTOR
CERTIFICATION
A. AmountCollected .................... $ (A)
REVIEW E] III
8. ReviewCast ............................ $ (8)
INSPECTION 0 D c. InspectionCost........................ $ (0) D. FieldWonkCost....................... $ (D)
FIELDWORK Cl C)
. El BILL[(B+C+D)—A]................... $
AGREEMENTWORK El E]
El REFUND
EA — — — —— —— —— Permitwasdenied or cancelled prior to construction. ‘ YES No Refundunexpended fees forpermit type.
AX[A-(B+C+D)]...................... $
PROGRESS BILL a a As (A-B) ................................. $ PERMITCOMPLETEDD 0 Close ?le
muToSet Fee (C) .............................. $
FINALBILL Cl C]
RELEASEBOND D C]
RELEASECASH DEPOSIT E] El
OTHER (Describe below.) 0 CI
PERMITENGINEER DATE
69! 0063
Item #8.2.
CALIFORNIADEPARTMENTOF TRANSPORTATION (on; 1/90) ENCROACHMENTPERMITFEE SCHEDULEm
REVIEII
coats TYPE APPLICATIN INSPECT!“ (2) PERMIT ”125(3) mst3)
GENERAL
A0 Advertising Display, 2 1
Marquees, Arcades;
Awnings, Bldgs.
As Airspace Rentals EXEMPT. EXEMPT AP Art Program EXEMPT EXEMPT BR Banner, Decor, Temp. Sign 1 1 . 85 Bus Passenger shelter 2 2 CC Ci ty/County Issued CD Conmercial Development AS AX CN Chain Installer 1+Bib AS CR Coffee/Rest Stop EXEMPT EXEMPT CS Curb/Cutter/Sideualk AS AS DP Double Permit (5) 1 PERORIG. PERMIT FN Fence New/Modify 3 2 AS MB Mail/News Box EXEMPT EXEMPT MC Miscellaneous he]. fn’h'rma As AX Ti ebaclt Stripe or [Signing , Major Conv. Hwy. Uidening Hiden Freeway or Ranp -
_ Bridge liorlt
0A butdoor Advertising (6) 6 AS Rx RR Crossing EXEMPT EXEMPT SC Caltrans Construction 1 O ContracttEorly Entry)
SV Survey/Archeological/ 2 AS Traffic Courts/Soil Survey ( Womel Under Roadf30“+) AS AS \ wLuall AS as
MIME: ‘ on Minor rv-F' Jun-f 2 as on Major As AS
FTUIIM:
FI Intermittent Traffic Control ' 2 0 F0 Mo Moving Vehicle 1 0 FL Traffic Control AX AX FS Special AX AX FR Rider AX AX REVIEU
0135 TYPE
(2) PERMIT MMSG)
GEO‘PMVSICALTESTING:
6C Cable Crossing 1
GV Vibriosis 1
LAIDSCAPE:
LC Conventional AS
LF Freeuay As
lM Maintenance 1
LT Tree Trim/Removal AS
RIDER:
RD Caltrans Initiate EXEMPT
RT Tine Extension 1
RH Modify work AS
ROADAPPROACHMIVEHAY:
RS Madly/Agricultural 2
RM Resurface/Reissue Reconstruct 1
RC Connercial AS
RP Ptblicnrrivaee-load AS
mean
SE Special Event AS
W
SM lieu/Modify AS
Tit Traffic Controls] 4
3 Teapot-cry Signal
08 Amusl Maintenance 1
UC Conventional Aerial 2
UE Amual Utility Encroaoh-ant 1
UF Freeway Aerial I.
UK Undergromd Longituiinal Major AS
UL Undergromd Longitudinal Minor AS
UR State [mired Relocation EXEMPT
US Service/Pothole Modify/Cameo: 2
UT Transverse lore Jack 2
UT (pen Cut/By AllRider AS
APPLICATION INSPECTION
MRS“)
A8
A5
A5
A5
AS
EXEMPT
AS
AS
AS
AS
AS
NOTES: (1)
,«
(2)
(3)
(4)
(5)
(6)
PublicCorporations are map: from this schedule (but not contractors working for public corporations).
Code used in permit number
Unusual permits can be changed from Set to AS.orASto AX at Permit Engineers option Field Work by Caltrans will be charged AS
Inspection will be charged under original permit or double permit, not both. 0A type permits requiring tree removal and replacement planting will be issued as LT type permits.
January 11, 1990
AS - Requiredepoet't at estimated amount priorto permitreview. Alter review, total review sheet and estimated hours at unseat hourly rate. Difference is eolleewd before permitishsued. .
hours at current
Take deposit at estimated amount prior to permit review. inspecuo ' cal ‘ew sheet and estimated ‘ After renew.to m rate. Difference is collected before
permit is issued.and any additional costs incurred during the work are collected upon wont completion and prior to bond release. WheneverAX is used, besure to check the
appropriate box on face of perrmt.
AS & AX
Riders
issuance.
All Permits
verify or adjust fees.
Signi?ant changes in work. requiringadditional _ . inspection or review.are collectedpnor to penmt nder Actual review and inspection hoursare documented on
completion notices.and recorded tn computer data base to Item #8.2.
AD
In addition to the attached General krovisions, from DM-M-P-ZOZB, the following special provisions are also applicable:
I. GENERAL
1. Signs, Marquees and Awings overhanging State highway right of way (R/W) shallcomply with the requirements of the applicable local agency,the latest edition of the Uniform Building Code (UBC) or these special provisions, whichever.is the higher standard.
I]. SIGNS
1. Vertical Clearance: The minimum clearanceof signs from thesidewalk shall be twelve feet (12'). r
2. Codes: Must be structurally adequate and conform to applicable building code "andCaltrans' Outdoor Advertising Regulations.
3. Location: Support shall be off the right of way. The overhang shall be at least two feet (2') back of the curb line. If no curbs are in place, the signs should be placed so that some physical barrier prevents them from being struck.
4. Advertising: The wording on the sign may only identify either the owner, the goods sold or manufactured on the‘premises or theservices. rendered.
5. Lights: No flashing, ratating or intermittent lights shall be allowed except approved public service information. Signs that contain red,‘yellow, or green lights shall not be permitted where they could interfere with thedriver's perception of traffic signals.
6. No displays shall interfere with or hide traffic signals or traffic signs.
7. Any future change of copy or location must be covered by a separate permit.
III. MARQUEES
1. The horizontalclearance between a marquee and the curb line shall not be less than two feet (2'). ‘-
2. Theminimumvertical clearance from the sidewalk shall be twelve feet (12').
3. A marquee shall be supported entirely by the building.
4. Any drainage from the marquee shall not fall on or drain across the sidewalk.
IV. AWNINGS
1. An awning is a temporary shelter supported entirely from the exterior wall of a building.
2. Awnings may identify the owner or place of business.
Item #8.2.
BR
In addition to the attached General Provisions,form DM-M-P-ZOZB,the followingspecial provisions
1. 1.
2. ,f‘iarealso applicable:
BANNERS
The banners shall not contain private advertisingnor be of a political nature.
The lower edge of the banners shall be at least eighteenfeet (18') above the highway pavement at its closest point.
Suspension or installation on State owned traf?c signalpoles or other State owned facilitiesis prohibited. '
Local police shall provide traf?c control while banner is being installedor removed.
The display may not be in place more than two weeks prior to the event and shall be immediately removed after the event.
II. CHRISTMAS DECORATIONS
1. 2.
Installation of Christmas decorationsshall not beginprior to the day after ThanksgivingDay.
Decorations attached to vertical structures such as power, telephone, or light poles, are not to project beyond the curb line and shall not hang belowa height of fourteen feet (14').
Decorations which project beyond the curb line or cross the highwayshall have a minimum vertical clearance of eighteen feet (18').
Decorations shall not be attached to State owned poles.~ Decorative lightingdisplayingred, yellow, or green lightsshall no be placed where they could interfere with the driver's perception of traffic signals.
Item #8.2.
CS
In addition to the attached General Provisions, form DM-M—P—ZOZB, the following special Provisions
1. 2.
are applicable: (
A State issued permit is required for any landscaping or tree installation, including installation of tree wells.
A separate permit mustbe obtained form Caltrans for any driveway, handicap-ramp installations or any sidewalkswhich are other than portland cement concrete constructed in compliance with Caltrans Standard Speci?cations.
Traffic control is authorized only between 9 am. and 3 p.m., Monday through Friday, holidays excluded. Any traffic control which requires lane closure shall be in compliance with the appropriate traf?c control plan. Where required by the plan, the use of a ?ashing arrowboard is MANDATORY.
New curb and gutter installationsshall be State standard type A2-6, unless necessary to conform to existing adjacent curb and gutter installations.
Normally, the back edge of a sidewalk shall be placed on the right of way line. Sidewalk width shall be minimum of ?ve feet (5').
Alignment and grade of gutter and sidewalk shall match the existing.
Existing concrete curb and paved shoulder shall he saw cut to a neat line prior to excavating ( and forming. Existing concrete sidewalk shall be saw cut at the scoreline. Paved shoulder shall \ be replaced with asphaltic concrete paving material equal "in kind" and thickness to existing shoulder and shall conform to lip of new curb and gutter.
Permittee shall be responsible for the relocation or adjustment of any utility required as the result of work authorized by this permit, and utility relocations shall be completed prior to the installation of any new curb, gutter or sidewalk.
A monolithic pour of sidewalkand curb and gutter shall not be permitted.
Item #8.2.
DM
In addition to the attached General Provisions, form DM-M-P-ZOZB,the following Special provisions are also applicable.
I. ROOF AND SURFACE BRAINS
1. Drains must be restricted to the exclusivepurpose of draining rain water from the roof of permittee's building and/orpaved parking lot. Drains if used for any other purpose, such as draining waste-water or domestic supply water onto the highway, will not be authorized.
Drains shall be installed at right angles to the curb line unless otherwise authorized.
2. Removal of PEICSidewalks or Curbs: Concrete sidewalksor curbs shall he saw cut to the nearest score marks and replaced equal in dimension to that removed with score marks matching existing adjacent sidewalk or curb.
3. After pipe drains are installed, curb and sidewalkshall be replaced with Portland cement concrete.
Item #8.2.
MCP O
In addition to the attached General Provisions, form DM-M-P-ZOZB,the following Special provisions are also applicable: ' When the work area encroaches upon a sidewalk, walkway, or crosswalk area, specialconsideration must be given to pedestrian safety. Protective barricades, fencing, handrails and bridges, together with warning and guidance devices and signs must be utilized so that the passageway for pedestrians, especially blind and other physically handicapped, is safe and well defined and shown 0n the approved permit plan.
Q Pedestrian walkways and canopies within State Right of way shall comply with the requirements of the applicable local agency or of the latest edition of the Uniform Building code, whichever contains the higher standards.
Item #8.2.
uuawgu v;..R; u
SV (Counters)
In addition to the attached General Provisions,form DM-M-P-202B(Reva/82), the following special provisions are applicable:
1. Personnel installing or removing traf?c counters shall wear an orange colored outer garment and a hard hat.
- 2. Traffic counters installed on freewayramps. shall be located at the curb return as near as possible to the local street intersection.
3. Counter tubes 'Shall be securely attached to the pavementby taping. No nails, spikes or other material shall be driven into the pavement except to secure the tube at the outside edge of shoulder, at the lip of a gutter, or in the center line stripe.
4. A copy of the collected data shall be sent to the Caltrans District Permit Engineer.
Item #8.2.
ED RS
In addition to the attached General Provision, form DM-M-P-ZOZB(Rev. 2/82), the following special provisions are applicable:
I.
1. 2.
6O
RURAL LOCATIONS
The driveway shall be surfaced with a minimum of two inches (2") of asphalt concrete placed on four inches (4") of well graded and compacted aggregate base and shall conformtothe existing pavement.
Existing drainage shall not be impaired. Either a valley gutter or a culvert shall be provided.
Where a culvert is installed, it shall be installed 1n the flowline of the existing drainage ditch at an elevation to provide maximum drainage.
A standard tapered end section shall be installed at the inlet and outlet of the culvert.
Any change in the existing drainage pattern, whether occasioned by increase or diversion, and the cost of any damage, repair or restoration of the State highway right of way shall be the responsibility of the permittee.
Driveway installation shall conform to the attached plan, "Standard Private and Commercial Road approach in Rural Areas with unimproved Frontage in Conventional State Highway". 1]. URBAN LOCATIONS
1'
3?;
Where curbs exist, the driveway structural section shall be a minimum of four inches (4") of Portland Cement Concrete (PCC) over six inches (6") of aggregate base.
Driveway details shall comply to State standards unless localstandards exceed the State's.
Any existing utility boxes must be either relocated or adjusted to grade at the permittee’s expense.
Removal-of PCC Sidewalks or Curbs: sidewalks or curbs shall he saw cut to the nearest score marks and replaced equal in dimension to that removed with score marks matching existing adjacent sidewalk or curb.
Item #8.2.
<
) )
AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF
and the City of hereinafter
WITNESSETH:
A. RECITALS:
B. AGREEMENT:
C. MAINTENANCE DEFINED:
Sec. 27.
-1-
hereinafter referred to as
referred to as "CITY".
This Agreement shall supersede any previous AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF CALISTOGA and or AMENDMENTS thereto with the CITY.
The CITY will perform such maintenance work as is specifically delegated to it, on State highway routes or portions thereof, all as hereinafter described under Section H hereof or as said Section may be subsequently modified with the consent of the parties hereto acting by and through their authorized representatives.
In consideration of mutual covenants and promises herein contained, it is agreed:
Maintenance is defined in Section 27 of the Streets and Highways Code as follows:
The parties desire to provide for the CITY to perform
particular maintenance functions on the State highway(s) within the CITY as provided in Section 130 of the Streets and Highways Code.
CALISTOGA
This AGREEMENT, made and executed in duplicate this /7
day of aalltao________, 19 93 , by and between the State of California, acting by and through the Department of Transportation, "(a) The preservation and keeping of
rights of way, and each type of roadway,
structure, safety convenience or device,
planting, illumination equipment and
other facility, in the safe and usable
condition to which it has been improved
or constructed, but does not include
reconstruction or other improvement.
"STATE"
Item #8.2.
) )
(b)
( C )
D. DEGREE OF MAINTENANCE:
to time by the District Director."District Director", as used maintenance levels. Failure of the CITY to comply with the maintenance levels would be reason to terminate this Agreement as specified under Section JTerm of Agreement". However, this ft An Encroachment Permit will be required for third parties when maintenance work is redelegated.Such redelegated work shall be total and route dollar amounts.The CITY may perform additional work if desired but the STATE will not reimburse the CITY for any work in excess of authorized dollars.The District Director may -2-
Operation of special safety conveniences
and devices, and illuminating equipment.
random check does not preempt the CITY’s maintenance
responsibilities as spelled out in the Agreement.
The special or emergency maintenance or
repair necessitated by accidents or by
storms or other weather conditions,
slides, settlements, or other unusual or
unexpected damage to a roadway, structure
or facility."
authorize adjustments needed because of inflation or changes in program emphasis.
herein, means the District Director of the Department of Transportation assigned to the territory in which the CITY is located, or his authorized representative.
performed to the same levels of service as spelled out herein and will be subject to the same random checks as provided for work performed directly by CITY forces.
The degree or extent of maintenance work to be performed and the standards therefor shall be in accordance with the provisions of Section 27 of the Streets and Highways Code as set forth in the current edition of the State Maintenance Manual (a copy of which has been provided to the CITY), or as may be prescribed from time The level of service of maintenance in each of the programs delegated to the CITY has been considered in setting authorized The STATE reserves the option to check at random all areas of State highways maintained by the CITY to assure conformance to Item #8.2.
/
)
LEGAL RELATIONS AND RESPONSIBILITIES:E.
jurisdiction delegated to the CITY under this Agreement.It is It is
F. MAINTENANCE FUNCTIONS:
A brief description of those maintenance functions delegated to the CITY are included in this section.The functions are identified by the Caltrans HM Program Codes.
-3-
or jurisdiction delegated to the STATE under this Agreement, understood and agreed that pursuant to Government Code Section 895.4 STATE shall defend, indemnify and save harmless the CITY, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to the STATE under this Agreement.
understood and agreed that pursuant to Government Code Section 895.4 CITY shall defend, indemnify and save harmless the State of California, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by the CITY under or in connection with any work, authority or jurisdiction delegated to the CITY under this Agreement.
Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this contract or affect the legal liability of either party to the contract by imposing any standard of care respecting the maintenance of State highways different from the standard of care imposed by law.
It is understood and agreed that neither the CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the STATE under or in connection with any work, authority It is understood and agreed that neither the STATE nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the CITY under or in connection with any work, authority or The CITY shall perform only those maintenance functions delegated, as identified, in Section H (DELEGATION OF MAINTENANCE) of this Agreement.
Item #8.2.
/ /
SLOPES/DRAINAGE/VEGETATIONHM2C
This provides for cleaning, maintaining, and repairing
culverts, ditches, drains, structures,fences, curbs, •
sidewalks and other appurtenances between the roadbed and the outer highway right-of-way boundary line.It also
control. The following problems are included:
1. Sidewalks
LITTER/DEBRISHM2D
This provides for removal of litter and debris from roadway The following problems are
HM2E LANDSCAPING
This provides for watering, fertilizing, removal of shrubs, and control of weeds in planted areas.Includes trimming, The
HM4K ELECTRICAL
It also includes the electrical energy for these
1. Safety lighting only (Exhibit A)
-4-
includes weed and brush control by chemical, biological or mechanical methods, trimming and removal of trees and pest lighting,
items.
This includes maintenance work performed on highway
electrical facilities including flashing beacons, traffic signals, traffic-signal systems, safety lighting and sign removal, and spraying of trees, replacement of plants,
shrubs, and trees, and pest control in planted areas,
following problems are included:
surfaces and roadsides,
included:
The CITY shall follow the same policy and procedure
generally practiced regarding CITY sidewalks by requiring repairs and control of vegetation to be made by or at the expense of abutting owners, who are under legal obligation to perform such work.
1. Weed control
2. Pruning/thinning/removing/replacing
3. Irrigation
1. Debris/carcass pickup
2. Sweeping
3. Litter pickup
4. Spills of non-toxic substances
5. Miscellaneous
Item #8.2.
I
)
District Director. Where such lighting has been
The same principle of costtotal number of legs.
distribution shall apply to freeway interchanges.The
-5-
The STATE will not pay for the maintenance, installation, repair, servicing, nor power for ordinary street lighting; however, lighting at intersections, which qualify as safety lighting under warrants approved/accepted by the STATE, will be paid for when approved and specifically authorized by the specifically authorized, the maintenance and operating costs thereof shall be shared between the STATE and the CITY on a pro rata basis in the same ratio as the number of legs in the intersection under each jurisdiction bears to the total number of legs.
participation ratio shall be based on the ratio of the
number of legs of the respective agencies to the total
number of legs of the intersection.
The cost of maintaining traffic signals or other
electrically operated traffic control devices now in place or those which may hereafter be installed at the
intersection of any STATE highway route and any CITY
street/road shall be shared between the STATE and the CITY on a pro rata basis in the same ratio as the number of legs in the intersection under each jurisdiction bears to the Item #8.2.
)
)
G. EXPENDITURE AUTHORIZATION:
A new (Section H) will be provided
or additional expenditures for specific projects
maximum expenditure per route as hereinafter specified.An -6-
may be made, when such adjustment of expenditures for routine maintenance or such specific work is authorized in writing by the District Director or his authorized representative.
annually by the STATE for the ensuring fiscal year, if necessary, to insure equitable annual cost.
adjustment of the said maximum expenditure, either increase or decrease, shall not affect other terms of the Agreement.
Additional expenditures or adjustment of expenditures thus authorized shall apply during the fiscal year, designated therein and shall not be deemed to permanently modify or change the basic The expenditure per route for routine maintenance work as referred to above may be increased or decreased, redistributed The STATE will reimburse the CITY for actual cost of all routine maintenance work performed by the CITY as delegated under Section H of this Agreement, but it is agreed that during any fiscal year, the maximum expenditure on any route shall not exceed the amount as shown on Section H of this Agreement, unless such expenditure is revised by an amended Agreement or otherwise adjusted or modified as hereinafter provided for.
"DELEGATION OF MAINTENANCE"
between routes,
Item #8.2.
) )
H. DELEGATION OF MAINTENANCE:
The specific maintenance function indicated below (and on This delegation of
DESCRIPTION OF ROUTING
29 1.71 $
Footnotes 1, 3, 4.
128 1.31 5
Footnotes 2, 3, 4.
TOTAL AUTHORIZED EXPENDITURE $ 3,800.00
Footnotes:
-7-
LENGTH
MILES
PROGRAM
DELEGATED
HM2C
HM2D
HM4K
HM2C
HM2D
HM4K
MAXIMUM
ANNUAL
AUTHORIZED
EXPENDITURE
0.00 200.00
400.00
Foothill Boulevard from
Lincoln Avenue (Route
29) to west city limits;
a length of 1.31 miles.
maintenance function set forth herein does not include areas and functions of which the control and maintenance rest with the local authority under the terms of Freeway Agreements and/or Freeway Maintenance Agreements.
Foothill Boulevard from
city limits 3,150 feet
southeasterly of Pine
Street to Route 128 at
Lincoln Avenue, along
Lincoln Avenue from
Foothill Boulevard to
north City limits at
County Road; a length
of 1.71 miles.
ROUTE
NO.
0.00 2,000.00
1,200.00
(1) Length of street to be cleaned - 1.0 curb mile.
(2) Length of street to be cleaned - 0.1 curb mile.
(3) CITY will maintain sidewalks and shall be
responsible for any costs therein.
(4) CITY will maintain approved intersection lighting.
STATE will participate in energy costs
(See Exhibit A).
"EXHIBIT A") is hereby delegated to the CITY.
Item #8.2.
STATE OF C A L .1.1" 0 K N .1. A
DEPARTMENT OF TRANSPORTATION
EXHIBIT A DECEMBER 21 , 1992
MAINTENANCE AND OPERATION OF- ELECTRICAL EQUIPMENT
BY THE CITY OF CALISTOGA FOR CALTRANS
IN ACCORDANCE WITH MAINTENANCE AGRI ENT EFFF TIVE JULY 1,1993 RTE PM INTERSECTION EQUIPMENT RATE INT OR POLE NO UNITS % SI ATE EQUIV UNTT 29 36.89 1A PINE ST. 7OU HP O DI UM 160 1.00 AAA
29 36.94 MYRTLE ST, 4000 HP ODIUM 24,225 uu 50.0000 .1. 29 37.00 CEDAR ST. A 2000 IIP- ODI UM 2 7 7 } 0 50.0000 f 29 37.14 WASHINGTON ST. 1A 200W HP 0 DI UM 3 33 2.00 . 0000 1 29 37.23 FAIR WAY 1A 4000 HP-SODIUM 2) :> 1.00 6667
29 37.32 STEVENSON ST. 1A 400W HP-SODIUM 241 1 .00 50 ) 0 0 0 29 37.39 WAPOO ST. 1A 70W HP-SODIUM 1.00 50.0000 ri
29 37.52 BRANNAN-WAPOO 1A 70W HP ODIUM 855 1.00 50.0000 0 ( 29 37.90 LAKE ST. A 70W HP ODIUM 1.00 50.0000 11)
128 4.04 LILLIE-HIGH STS. 1A W HP DD UM 00 1.00 50.0000 0 128 4.27 SILVER STREET 1A 70W HP ODIUM 33 1.00 A A
128 4.35 BERRY STREET 1A 70W HP ODIUM 3 4 1.00 66.66
4.42128 SPRING STREET )W HP OD HIM 40 1.00 ()
128 4.50 ELM STREET 1A 200W HP 0 DI UM 1.00 66.6667
0 PAGE 1
Item #8.2.
EQUIPMENT EQU IV UNITS EQUIPMENT EQUIV UNIT :>
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SUMMA FLY
CITY OF CALISTOGA
Item #8.2.
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1. SUBMISSION OF BILLS:
The CITY will submit bills in a consistent periodic sequence (monthly, quarterly, semiannually, or annually).Bills for less Program Code as outlined in this Agreement.Bills submitted for Equipment shall be charged at mutually acceptable rental rates and labor and material at actual cost.The CITY will be allowed to the execution of the work.Said factors and method shall be subject to approval by the STATE.
above-mentioned charges added again.An actual handling charge for processing this type of bill will be allowed the CITY.
Superintendent of that specific area.In addition, the CITY should STATE highway. Repair of equipment damaged in vehicular accidents shall be considered routine maintenance.
on a generally accepted accounting basis, complete and accurate records that support all billings.These records shall be made J. TERM OF AGREEMENT:
This Agreement may be amended or terminated at any time upon mutual consent of the parties thereto.This Agreement may also be -8-
terminated by either party upon thirty (30) days written notice to. the other party.
recover overhead and administrative costs only to the extent that such charges include applicable expenses incurred by the CITY in notify the STATE’S Highway Maintenance Superintendent for the area of any storm damage or other emergency condition affecting the available to STATE representatives for review during normal business hours for a period of three (3) years after payment of such billings.
than $500 shall not be submitted more than once each quarter.
Bills must be submitted promptly following close of corresponding billing period and should be coded according to the Caltrans HM periods prior to the last fiscal year will be deemed waived and not be honored.
Emergency and storm repairs performed by the CITY will be paid for only with prior approval of the STATE'S Highway Maintenance Maintenance services provided by contract or on a unit-rate basis with overhead costs included shall not have these This Agreement shall become effective July 1, 1993 and shall remain in full force and effect until amended or terminated.
The CITY shall maintain,
Item #8.2.
) 1
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written.
CITY OF CALISTOGA
By
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City ClerkCity Attorney ' \
By
2-22-23
DATE
-9-
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
JAMES W. VAN LOBEN SELS
Director of Transportation
GLENN E. BEHM
Deputy District Director
A. are f
ayor
Item #8.2.
)
RESOLUTION NO.93-4
WHEREAS, the State of California, through its Business, WHEREAS, said Maintenance Agreement has been amended this ,1993 and to remain in effect until
and
PASSED, APPROVED, and ADOPTED by the City Council of the ABSTAIN/ABSENT:None
Laverne Oyarzo,
ATTEST:
Patt Osborne, City Clerk
19th day of January
amended or terminated;
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Calistoga does hereby state that the said Agreement for Maintenance of the State Highways within the City of Calistoga is hereby approved; and
Transportation and Housing Agency, Department of Transportation, has presented an Agreement for Maintenance of the State Highways in the City of Calistoga, effective and to remain in effect until amended or terminated; and
BE IT FURTHER RESOLVED that the Mayor and the City Clerk respectively are directed to sign Agreement on behalf of the said City.
City of Calistoga at a regular meeting held this 19th day of January,1993 by the following vote:
Fundy and
Marberry.
AYES: Councilmember Trout, Mayor Oyarzo
NOES: None
WHEREAS, the City Council has heard and read said Agreement in full and is familiar with the contents thereof; and
RESOULUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA,
COUNTY OF NAPA, STATE OF CALIFORNIA APPROVING
AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE
CITY OF CALISTOGA
Item #8.2.
SRT29, 128
AGREEMENT FOR SHARING COST OF STATE HIGHWAY ELECTRICAL FACILITIES
WITH CITY OF CALISTOGA
THIS AGREEMENT is made effective this 19th day of August, 2021, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as "STATE" and the CITY of Calistoga, hereinafter referred to as "CITY" and collectively referred to as "PARTIES" This Agreement shall supersede, the agreement titled: "AGREEMENT FOR SHARING COSTS OF STATE HIGHWAY ELECTRICAL FACILITIES WITH THE CITY OF CALISTOGA", date of execution 19
th day of January 1993, at the specified locations herein.
The cost of operating and maintaining flashing-beacons traffic-signals, traffic-signal systems, safety-lighting, and sign-lighting including those now in place and those to be placed in the future at the intersection of any State Highway Route and any CITY street/road shall be shared as indicated in the written body of this document and as shown in Exhibit "A".
LINCOLN AVE AT WASHINGTON ST.
The performance and cost of maintaining and operating electrical facilities at this location on the STATE highway as shown in Exhibit A will be the responsibility of STATE.
The cost of electrical energy to operate the electrical facilities as shown in Exhibit A will be the responsibility of CITY.
The cost of electrical energy to operate the electrical facilities as shown in Exhibit A will be billed directly to CITY by the utility company.
It is agreed that monthly billings for CITY owned and maintained lighting will remain the responsibility of CITY.
FOOTHILL BLV. PETRIFIED FOREST INTERSECTION
The costof maintaining and operating electricalfacilities at this location on the STATE highway as shown in Exhibit A will be the responsibility of CITY.
The cost of electrical energy to operate the electrical facilities as shown in Exhibit A will be billed directly to CITY by the utility company.
It is agreed that monthly billings for CITY owned and maintained lighting will remain the responsibility of CITY.
Item #8.2.
Item #8.2.
Item #8.2.
SRT29, 128
IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day and year first above written.
THE CITY OF CALISTOGA
Initiated and Approved
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
TOKS OMISHAKIN
Director of Transportation
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City Attorney
f-efMichelle Marchetta Kenyon
Acting Deputy District Director
Maintenance District
8/19/2021
Item #8.2.
Item #8.2.
Item #8.2.
Item #8.2.
Item #8.2.
City ofCalistoga PSMA
04-NAP-29 PM 37.70/37.85
PROJECT SPECIFIC MAINTENANCE AGREEMENT
FOR PEDESTRIAN/BIKE PATH IN THE CITY OF CALISTOGA
THIS AGREEMENT is made effective this 2 1 day of June .20g, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as “STATE” and the CITY of CALISTOGA; hereinafter referred to as “CITY” and collectively referred to as “PARTIES".
SECTION I
RECITALS
1. WHEREAS, Encroachment Permit Number 0418-6MC1753 was submitted for the construction of a separated pedestrian/bicycle path, signs, and headwall/site retaining walls within the right of way limits of State Route (SR) 29, hereinafter referred to as “PROJECT”, and
. WHEREAS, this Agreement addresses CITY responsibility for the maintenance of PROJECT, as shown on Exhibit A, and
WHEREAS there is an existing Delegated Maintenance Agreement with CITY dated January 19, 1993, this agreement is not intended to replace or supersede said agreement.
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
SECTION II
AGREEMENT
4. 8.
Exhibit A, attached to and made a part of this Agreement, consists of plan drawings that delineate the areas within STATE right of way which are the responsibility of the CITY to maintain in accordance with this Maintenance Agreement. . If there is mutual agreement on the change in the maintenance duties between PARTIES, the PARTIES can revise Exhibit A by a mutual written-execution 0f the exhibit. . The degree or extent of maintenance work to be performed, and the standards therefore, shall be in accordance with the provisions of Section 27 of the Streets and Highways Code and the then current edition of the State Maintenance Manual. . CITY must obtain the necessary Encroachment Permits from STATE’s District 4 Encroachment Permit Of?ce prior to entering STATE right of way to perform CITY maintenance responsibilities. This permit will be issued at no cost to CITY.
HEADWALL/SITE RETAINING WALL ~
8.1. CITY will maintain, at CITY’S expense, the entire structure of the headwall/site retaining wall.
Item #8.2.
9. 10.
ll.
12. 13.
City of Calistoga PSMA
04-NAP-29 PM 37.70/37.85
8.2. CITY isresponsible for debrisremoval,cleaning and paintingto keep CITY ‘5 side of any headwall/site retaining wall structure free of debris,dirt, and graf?ti.
LANDSCAPED AREAS - CITY is responsible for the maintenance of any plantings or other types of roadside development lying outside of the area reserved for exclusive State use.
PEDESTRIAN/BICYCLE PATHS - CITY will maintain, at CITY expense, a safe facility for pedestrian/bicycle travel along the entire length of the path by providing sweeping and debris removal when necessary; and all signing and striping, and pavement markings required for the direction and operation of that non-motorized facility. If constructed as permitted encroachments within STATE’s right of way, permittee is solely responsible for all path improvements, all fences, guard railing, drainage facilities, driveways, slope and structural adequacy of any pedestrian/bicycle path located and constructed within STATE's right of way.
SIGNS — CITY shall maintain City installed pathway signs placed or immediately adjacent to path for the purpose of warning or regulating path traf?c.
LEGAL RELATIONS AND RESPONSIBILITIES
12.1. Nothing within the provisions of this Agreement is intendedto create duties or obligations to or rights in third parties not parties to this Agreement or to affect the legal liability of a PARTY to the Agreement by imposing any standard of care with respect to the operation and maintenance of STATE highways and local facilities different from the standard of care imposed by law.
12.2. Neither CITY nor any officer or employee thereof isresponsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by, under or in connection with any work, authority or jurisdiction conferred upon STATE under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all of their of?cers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement.
12.3. Neither STATE nor any of?cer or employee thereof is responsible for any injury, damage or liabilityoccurring by reason of anything done or omittedto be done by CITY under or in connection with any work, authority or jurisdiction conferred upon CITY under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of its of?cers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement.
PREVAILING WAGES:
Item #8.2.
14. 15.
16. City of Calistoga PSMA
04-NAP-29 PM 37.70/37.85
13.1. Labor Code Complianc — If the work performed under this Agreement is done under contract and falls Withinthe Labor Code section 1720(a)(1) de?nition of a "publicworks" in that it is construction,alteration,demolition, installation, or repair; or maintenance work under Labor Code section 1771. CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its contracts for public work. Work performed by CITY‘S own forces is exempt from the Labor Code's Prevailing Wage requirements.
13.2. Requirements in Subcontract — CITY shall require its contractors to include prevailing wage requirements in all subcontractsfundedby this Agreement when the work to be performed by the subcontractor is a "public works" as de?ned in Labor Code Section 1720(a)(1)and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts.
INSURANCE:
14.1. SELF-INSURED ~ CITY is self-insured. CITY agrees to deliver evidence of. self-insured coverage providing general liability insurance, coverage of bodily injury liability and property damage liability, naming the STATE, its of?cers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 mill-ionin aggregate and $5 million in excess. Coverage shall be evidenced by a certi?cate of insurance in a form satisfactoryto the STATE that shall be delivered to the STATE with a signed copy of this Agreement.
14.2. SELF-INSURED using Contractor — If the work performed under this Agreement is done under contract CITY shall require its contractors to maintain in force, during the term of this agreement, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming the STATE, its of?cers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess.
Coverage shall be evidencedby a certi?cate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement.
TERMINATION - This Agreement may be terminatedby timelymutualwritten consent by PARTIES, and CITY’S failure to comply with the provisions of this Agreement may be grounds for a Notice ofTermination by STATE.
TERM OF AGREEMENT- This Agreement shall become effective on the date ?rst shown on its face sheet and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the PARTIES or until terminated by STATE for cause.
Item #8.2.
City ofCalistoga PSMA
04»NAP-29 PM 37‘70/37.85
PARTIES are empowered by Streets and Highways Code Section 114 and 130 to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement.
IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and year ?rst above written.
THE CITY OF CALISTOGA STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
LAURIE BERMAN
Mayor Canning Director of Transportation
Initiated and Approved
By'm B: My (p27/7
Acting City Manager, Michael Kirn AVID AMBUEHL
eputy District Director
Maintenance District
ATTEST:
As to Form and Procedure:
. By:
City Attorney Attorney
Depaltment of Transportation
Item #8.2.
RESOLUTION2019-003
RESOLUTIONOF THE CITYCOUNCIL OF THE CITYOF CALISTOGA,COUNTYOF
NAPA, STATE OF CALIFORNIA,AUTHORIZINGTHE
CITYMANAGER TO EXECUTECAL TRANSMAINTENANCE
AGREEMENTSFOR PATHWAYS ON STATE HIGHWAY RIGHTS OF WAY
WHEREAS, the CityCouncil ofthe City of Calistoga supports the construction of the planned 47 mileVine Trail Pathway from Calistoga to American Canyon and eventually terminating at the Vallejo Ferry; and
WHEREAS, the CityCouncil of the City of Calistoga anticipates certain developments on LincolnAvenue willbe conditioned to construct portions of the Vine Trail Pathway, or other pathways, along their LincolnAvenue frontages, or other State Highway Rights of Way; and
WHEREAS,the proposed pathways and there on-going maintenance advances the CityCouncil's goals to improve all forms of transportation, including active transportation such as walking and cycling; and
- WHEREAS, the CaliforniaDepartment of Transportation requires as a condition of approval to construct the desired pathways in State Right of Way, that Project Specific Maintenance Agreements be entered into to ensure that the pathways are adequately maintained; and
WHEREAS,maintenance activities are categorically exempt per the California Environmental QualityAct pursuant to Title 14, the CaliforniaCode of Regulations, Section 15302(c).
NOW, THEREFOREBE ITRESOLVEDthat the CityCouncilofthe CityofCalistoga hereby authorizes the CityManager to execute Project SpecificAgreements, insubstantial conformance withthe attached draft agreement, forpathways on State Rights OfWay, and specifically State Routes 29 and 128.
BE IT FURTHERRESOLVEDthat the Public Works Department is authorized to apply to Caltrans for encroachment permits as necessary for pathway construction.
Item #8.2.
PASSED, APPROVED, ANDADOPTED by the CityCouncil ofthe Cityof Calisloga at a regular meeting held this 15th day of January. 2019, by the following vote:
AYES: Councilmembers Kraus, Lopez-Ortega and Williams, Vice Mayor Dunsford and Mayor Canning
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
c RIS CANNINGQ Mayor
ATTEST:
. \A ‘_ MELIS A VELASUEZ,neputy City Clerk
Item #8.2.
STATE OF CALFORNIA
COUNTY OF NAPA
CITY OF CALISTOGA
I, IRENE CAMACHO-WERBY, City Clerk of the City of Calistoga, do hereby certify that the attached is a true and correct copy of Resolution No. 2019-003; RESOLUTION of the City Council of the City of Calistoga, County of Napa, State of California, Authorizing the City Manager to execute CAL TRANS maintenance agreements for pathways on state highway rights of way.
IN WITNESS WHEREOF, I have hereto set my hand and the of?cial seal of the City of Calistoga on this a?b day of 374me, , yearj 01—?
acho—Werby,City Clerk
City of Calistoga
AFFIXED SEAL:
Item #8.2.
Established 1986
I:7; {1310]
PUBLICAGENCYRISKSHARING
AUTHORITYOF CALIFORNIA
ADDITIONAL COVERED EARIY
Califomia Department of Transportation
District 4
PO Box 23660
Oakland, CA 95623-0660
Re: EVIDENCE OF COVERAGE & ADDITIONAL C VERED PARTY ENDORSEMENT AS RE UIRED BY AGREE nENT OR CONTRACT; #13—626-CA
Only as respects to Agreement No. 04-NAP-29PM 3170/3735 between the State of Cai?ornia Department of Transportation and the City of Calistoga for Pedestrian/Bike Paths Please be advisedthat the City of Calistoga participatesin PARSAC, the Public Agency Risk Sharing Authority of California As such, it is collectively and pennissibly self-insured under Sections 990.4 and 990.8 of the California Government Code. The speci?cs of the self-insuredprogram are listed below:
COVERAGE YEAR: July I, 2018 ~ July I, 2019
- GeneralLiability including Automobile Liability
- Public Of?cials Errors & Omission
Limit:$1,000,000 per occurrence group self-insurance
Occurrence Retention: $10,000
CONDITIONS OF THIS ADDITIONAL COVERED PARTY ENDORSEMENT Effective Date: May 21, 2019 Expiration Date: July I, 2019 The coverage afforded as described above is subject to all terms, exclusions, conditions,de?nitions, and other provisions of the Public Agency Risk Sharing Authority of California‘sLiability Memorandum of Coverage. The coverage is afforded hereunder only where City of Calistoga is required by agreement or contract to name California Department of Transportation as Additional Covered Party.
If the City of Calistoga isrequired by agreement or contract to name California Department of Transportation as an Additional Covered Party and the agreement or contract requiresthe coverage provided to the AdditionalCovered Party to be primary, then the coverage provided by this endorsement shall be primary. In all other events, if collectible insurancewith any insurer, coverage with any other joint powers authority or other self-fundingmechanism is available to the Additional Covered Party named above covering a lossto which the PARSAC Memorandum of Coverage applies (whether on a primary, excess or contingent basis), the coverage of this Memorandumshall be in excess of, and shall not contributewith such other insuranceor coverage; provided that this clause does not apply with respect to excess insurance or coverage purchased speci?cally to be in excess of such Memorandtnn. The bankruptcy of, insolvency of, or placement into rehabilitationor receivership by any regulatory agency of any joint powers authority or insurance company providingjoint powers authority protection or insurance coverage to the Additional Covered Party, named above, shall not amend the application of this condition.
This Endorsementdoes not apply to liability arising out of the sole negligence of the AdditionalCovered Party named above.
Coverage is in effect as stated above and will not be cancelled except upon 30 days written notice to the Additional Covered Party. .
7 May 21, 2019
7 Kin ng, ARM
Risk Manager
cc: Gloria Leon, City of Calistoga Form Revised 609/15
1525 Response Road, Suite One, Sacramento, CA 958154803 Phone (916) 92777727 Facsimile (916) 92773075 www.parsac.org Item #8.2.
CITY QlF CAUST©GA
1232 Washington Street ' Calistoga,CA 94515
Telephone 7070422828 7 Public \Votks Dept.
Fax 707-942-9472
WV.ci.calistoga.c2\.us
May 22, 2019
Mr. Waddah Al—Zireeni
Senior Transportation Engineer
Caltrans
Maintenance Agreements Unit, MS—4A
P. O. Box 23660
Oakland, CA 94623-0660
RE: Project Specific Maintenance Agreement for Pedestrian/Bike Path in the City of Calistoga — Excess Insurance
Dear Mr. AI-Zireeni:
Please find enclosed four (4) signed original agreements for the above-mentioned project related to Encroachment Permit Number O418-6MC1753. Also enclosed is evidence of $1 million in insurance coverage and additional covered party endorsement as required by the agreement.
The City is Self—Insuredand agrees to deliver evidence of $2 million in aggregate and $5 million in excess coverage upon receipt of the fully executed and dated agreement.
Thank you for your consideration.
Sincerely,
//7 /7 1/, /;/r:.,.’<.——s
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/GlcriaLeon LD/irector of Administrative Services
City of Calistoga
Item #8.2.
EXHIBIT “A”
(Plan map identifyingthe applicable STATE Routes (Freeway proper) and CITY/COUNTY road(s) and facilities)
Item #8.2.
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Item #8.2.
Amendment No. 1
04-NAP729 PM 3752/3735
. AMENDMENT NUMBER 1 T0
PROJECT SPECIFIC MAINTENANCE AGREEMENT
BETWEEN THE STATE OF CALIFORNIA
AND THE CITY OF CALISTOGA
This Amendment Number 1 to the Project Speci?c Maintenance Agreement identi?ed below (AMENDMENT), entered into and effective on , is between the State of California, acting by and through the Department of Transportation, hereinafter referred to as (“STATE”), and City of Calistoga, a municipal corporation, hereina?er referred to as (“CITY”), acting by and through its Mayor. CITY and STATE together are hereafter referred to as “PARTIES”.
RECITALS:
1. PARTIES, entered into an agreement on June 27, 2019, entitled ”Project Speci?c Maintenance Agreement" hereafter referred to as (“AGREEMENT”), AGREEMENT defined the terms and conditions applicable to CITY’s maintenance duties of a separated path, signs, and headwall/site retaining wall within STATE right of way along State Route (SR) 29, as shown in Exhibit “A” of AGREEMENT.
2. AGREEMENT by its terms provides that it may be modi?ed and amended at any time upon mutual consent ofthe PARTHES.
3. The purpose of this AMENDMENT is to assign and expand the maintenance responsibilities of extending a segment of multi-use path from Calistoga Motor Lodge to the existing sidewalk at the Brannan Street intersection as part of Vine Trail Pathway.
4. PARTIES to amend AGREEMENT as provided herein.
IT IS THEREFORE MUTUALLY AGREED:
5, EXHIBIT ”A" is hereby deleted and replacedby EXHIBIT ”A" (REVISION 1).
6. All other terms and conditions of AGREEMENT shall remain in full force and effect.
7. AMENDMENT is hereby deemed to be included and made a part of AGREEMENT.
Item #8.2.
Amendment No. 1
O4—NAP—29PM 3752/3735
IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day and yea: ?rst above written
THE CITY OF CALISTOGA STATE OF CALIFORNIA
nFPARTMENT 0F TMNSPORTATON
By
Iuin'ated and Approved:
By: _ _ By:
Lama ouAucumu, w, xuaunsnn Leah Budu Date
Deputy District Director
Maintenance
ATTEST:
By:
By:
‘mey
gym/41¢ W
(“:6" W?w
Item #8.2.
RESOLUTION NO. 2023-062
ADOPTEDAUGUST 15.2023
RESOLUTION OF THE CITYCOUNCILOF THE CITYOF CALISTOGA,COUNTYOF
NAPAISTATE OF CALIFORNIA,AUTHORIZINGTHE CITYMANAGERTO EXECUTE AMENDMENTNO. 1 TO THE CALTRANSMAINTENANCEAGREEMENTFOR PATHWAYS
INTHE STATE HIGHWAY RIGHT-OF-WAY
WHEREAS, the City Council of the City of Calistoga supports the construction of the planned 47—mileVine Trail Pathway from Calistoga to Vallejo; and WHEREAS, the City Councilof the City of Calistoga anticipates certain developments on Lincoln Avenue will be conditioned to construct portions of the Vine Trail Pathway, or other pathways. along their LincolnAvenue frorrtages; and
WHEREAS, the proposed pathways and there on-going maintenance advances the City Council's goals to improve all forms of transportation, including active transportation such as walking and cycling; and
WHEREAS, the California Departmentof Transportation requires as a conditionof approval to construct the desired pathways in State Highway Right-of-Way, that a Maintenance Agreement be entered intoto ensure that the pathways are adequately maintained; and WHEREAS, CityCouncil passed Resolution No. 2019-03 Authorizing the City Manager to sign the MaintenanceAgreement withCaltrans for the section of Vine Trail along Motor Lodge; and
WHEREAS, the city entered into a Maintenance Agreement with Caltrans for the construction of the pathway along the MotorLodge that was completed in 2020; and WHEREAS, the LincolnApartmentswere also conditionedto complete the remainder ofthe pathway along their frontage and connect the existing pathway at LincolnAvenue and Brannan Street Intersection; and
WHEREAS,Caitrans has requested the MaintenanceAgreement to be amended to include the new section priorto issuing an encroachment permit for construction; and WHEREAS,sta?' recommends the City Council authorize the CityManager to execute the Amendment No.1 to the Agreement on behalf of City of Calistoga; and WHEREAS, maintenance activities are categorically exempt per the California Environmental Quality Act pursuant to Title 14. the CaliforniaCode of Regulations, Section 153020;); and
WHEREAS, there willbe a nominal cost to maintain pathways. Maintenance to be completed using existing and future street maintenance appropriations.
Item #8.2.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGADOES HEREBY?nd the following:
1. Authorizesthe CityManager to execute Amendment No.1to the Caltrans Maintenance Agreement for pathways in the State Highway Right-of—Wayon behalf of the City of Calistoga.
PASSED, APPROVED AND ADOPTEDthis 15" day of August 2023. I, YUDIANA GALVAN.INTERIMCITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolutionwas introducedand passed at a regular meeting ofthe CelistogaCity Council by the followingroll call vote:
AYES: Councilmemhon Eisenberg, Cooper and Gift.Vice Mayor Lopez-Ortega and Mayor Williams
NOES:
ABSTAIN:
ABSENT:
ATI'EST: APPROVED:
.
‘ 7_/ v . Z :—
Yud‘ na Galvan, City Clerk uonmo mmarns, Mayor
Item #8.2.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Michelle Marchetta Kenyon, City Attorney
Meeting: City Council - Jul 09 2024
Subject: Consideration of a Resolution Approving the Second Amendment to Employment Agreement between The City of Calistoga and Laura Snideman DESCRIPTION:
Consideration of a Resolution Approving the Second Amendment to Employment Agreement between The City of Calistoga and Laura Snideman
RECOMMENDATION:
Consider Adopting the Resolution
BACKGROUND/SUMMARY:
The City Manager does not receive the annual merit increases or annual COLAs (cost of living adjustments) afforded to all other employees. Compensation adjustments are at the discretion of the city council and subject to performance reviews. It has been almost two years since the City Manager received any compensation adjustments.
The City and Laura Snideman entered into an Employment Agreement on January 31, 2022, providing for the terms and conditions of employment of Laura Snideman as City Manager (“Original Agreement’). On November 15, 2022, the City and Laura Snideman entered into a First Amendment to the Employment Agreement amending the terms of compensation (“First Amendment”). Both the Original Agreement and First Amendment shall be referred to collectively as “Employment Agreement.”
Per the terms of the Employment Agreement, the City Council conducted an evaluation of the City Manager’s performance in June 2024 and recently concluded a review of the City Manager’s compensation. Following the annual evaluation and subsequent compensation discussions, the Council and City Manager would like to modify the City Manager’s salary and benefits.
In accordance with Government Code section 54953(c), the following is a summary of the proposed amendments to the Employment Agreement which are reflected in the attached Second Amendment to City Manager Employment Agreement Between The City of Calistoga and Laura Snideman (“Second Amendment”):
The City Manager’s monthly base salary shall be Twenty Four Thousand Three Hundred Eighty-Five Dollars ($24,385) effective as of July 1, 2024. The current matching retirement account contribution shall be modified to full contribution by the Employer subject to the federal maximums of a 457(b)plan. All other benefits and compensation as they apply to the City Manager, as set forth in the Employment Agreement, remain unchanged. This includes that the City Manager will Item #8.3.
continue to forgo a car allowance and technology allowance as afforded to other executive managment employees.
FINANCIAL IMPACT:
The salary increase is $3,537/month. In combination with an additional $15,250/year for the retirement contribution, the total annual increase is $57,694. A portion of this is included in the FY 24/25 budget and the remaining amount is likley to be addressed through annual salary savings from gaps in filling positions.
CEQA STATUS:
The action is exempt from environmental review under the California Environmental Quality Act, Public Resource's Code section 21000 et seq. ("CEQA") pursuant to CEQA Guidelines Section 15061(b)(3) as it can be seen with certainty that the project has no potential for causing a significant effect on the environment.
ATTACHMENT(S):
Calistoga Resolution Approving Second Amendment to City Manager Employment Agreement - Laura Snideman
Calistoga Second Amendment to Employment Agreement for City Manager - Laura Snideman APPROVAL(S):
Connie Cardenas, Admin. Services Director Approved - Jul 03 2024 Laura Snideman, City Manager Approved - Jul 03 2024
Yudiana Galvan, City Clerk Approved - Jul 03 2024
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4865-4986-1575 v1
RESOLUTION NO. 2024-___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF
NAPA, STATE OF CALIFORNIA, APPROVING THE SECOND AMENDMENT TO
EMPLOYMENT AGREEMENT BETWEEN THE CITY OF CALISTOGA AND
LAURA SNIDEMAN
WHEREAS, on January 31, 2022, the City of Calistoga (“City”) and Laura Snideman entered into an Employment Agreement to employ Laura Snideman as City Manager; and
WHEREAS, on November 15, 2022. the City and Laura Snideman entered into a First Amendment to Employment Agreement to amend the terms and conditions of Manager’s employment as City Manager; and
WHEREAS, the City and Laura Snideman desire to enter into a Second Amendment to Employment Agreement to amend the terms and conditions of Manager’s employment as City Manager.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Calistoga hereby approves the Second Amendment to Employment Agreement Between The City of Calistoga and Laura Snideman in substantially the same form attached hereto as Exhibit “A” and authorizes and directs the Mayor to execute same for and on behalf of the City of Calistoga.
PASSED, APPROVED AND ADOPTED this 9
nd day of July 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: Councilmembers Cooper, Eisenberg, Gift, Vice Mayor Lopez-Ortega, and Mayor Williams
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:
______________________________ ______________________________ Yudiana Galvan, City Clerk Donald Williams, Mayor
APPROVED AS TO FORM:
_____________________________
Michelle Marchetta Kenyon, City Attorney
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EXHIBIT A
Second Amendment to Employment Agreement Between the City of Calistoga and Laura Snideman
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4886-3665-9399 v3 Page 1
SECOND AMENDMENT TO
EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF CALISTOGA
AND LAURA SNIDEMAN
1. PARTIES AND EFFECTIVE DATE
This Second Amendment to Employment Agreement is entered into this 2nd day of July, 2024, by and between the City of Calistoga, California, a municipal corporation (hereinafter called “Employer”) and Laura Snideman, (hereinafter called “Employee”) (Employer and Employee referred to collectively as “Parties”) with respect to the employment of Employee as the City Manager of the Employer.
2. RECITALS
WHEREAS, the Parties entered into an Employment Agreement effective as of January 31, 2022 (“Employment Agreement”); and
WHEREAS, the Parties entered into a First Amendment to Employment Agreement to amend the terms and conditions of Employee’s employment; and WHEREAS, the Parties now desire to amend the Employment Agreement through this Second Amendment to Employment Agreement between City of Calistoga and Laura Snideman (“Second Amendment”) to reflect new terms and conditions as set forth below.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the Parties agree as follows:
3. AMENDMENT
A. Section 5(A) subsection (i) of the Employment Agreement is hereby amended to read in its entirety as follows:
5. COMPENSATION AND BENEFITS
A. Compensation
i. Base Salary: Effective July 1, 2024, Employer shall pay Employee a monthly base salary of Twenty Four
Thousand Three Hundred Eighty-Five Dollars ($24,385),
payable in installments at the same time as Department
Directors of the Employer are paid. Employer shall give consideration on an annual basis to an increase in
Employee’s compensation.
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B. The second paragraph of Section 5(D) of the Employment Agreement is hereby amended to read in its entirety as follows:
5. COMPENSATION AND BENEFITS
D. Retirement
Employer shall annually contribute to a retirement plan of the employee’s choosing. The annual amount shall be the Federal maximum of a 457(b) plan catch-up deferral limits for a 457(b) plan for those over age 50. The Parties expressly understand this match does not extend to the 457(b) plan "pre-retirement/last three years special catch-up" deferral limits which have historically doubled the contribution limits. The 457(b) plan is referenced solely to establish the Employer's maximum contribution amount and the specific funds may be applied to other allowable deferred compensation plans of the Employer for which Employee is eligible to participate in and for which employee deferrals and employer matching contributions are permitted in lieu of depositing the matching contributions in the Employee's 457(b) plan account.
4. FULL FORCE AND EFFECT
Except as specifically modified herein, all remaining terms and obligations set forth in the Employment Agreement between the City and Employee shall remain in full force and effect.
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THIS SECOND AMENDMENT has been executed as of the date first hereinabove written.
EMPLOYER:
CITY OF CALISTOGA
By:
Donald Williams, Mayor
EMPLOYEE:
Laura Snideman
ATTEST:
By:
Yudiana Galvan, City Clerk
APPROVED AS TO FORM:
By:
Michelle Marchetta Kenyon
City Attorney
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