Mayor
Donald Williams
Vice Mayor
Irais Lopez-Ortega
Councilmembers
Lisa M. Gift
Scott Cooper
Kevin Eisenberg
AGENDA
City Council
Tuesday, August 20, 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: 889 3699 8766, 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 not on the agenda 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. 8.20.24 Public Comment 5
4. CITY MANAGER’S REPORT
5. PROCLAMATIONS/PRESENTATIONS/ AWARDS
6. CONSENT CALENDAR
6.1. Consideration of a Resolution Approving a Master Agreement for Consultant Services with Larry Walker Associates for Services Related to the City’s Wastewater and Water Treatment Plant Operating Permits, in an Amount Not to Exceed $72,918.
Recommended Action:
Staff Report - Consideration of a Resolution Approving a Master Agreement for Consultant Services with Larry Walker Associates (LWA) - Pdf
6 - 27
6.2. Adopting the Minutes of July 30, 2024 Regular City Council Meeting Staff Report - Adopting the Minutes of July 30, 2024 Regular City Council Meeting - Pdf
28 - 33
6.3. Authorizes the City Manager to execute a purchase order in an amount of $119,267 to Parkson Corporation to recondition three existing DynaSand filters located at the Dunaweal Wastewater Treatment Plant and authorizes the Public Works Director to negotiate and approve change orders, in an amount not to exceed $131,193 which includes a 10% contingency for unforeseen conditions.
Staff Report - Wastewater Treatment Plant Filter Reconditioning Project - Pdf
34 - 41
6.4. Authorizes the City Manager to sign a purchase order agreement in an amount not to exceed $59,398.00 with Telstar Instruments, for the removal of an existing non-compliant generator and the purchase and installation of a new Bay Area Air Quality Management District (BAAQMD) compliant generator at the Public Works Corporation Yard.
Staff Report - Replace Back-up Generator at the Public Works Corporation Yard - Pdf
42 - 49
6.5. Consider and approve adopting a resolution to accept a grant in the amount of $55,000.00 from the California Office of Traffic Safety for the purchase of battery powered extrication tools, and make necessary General Fund budget adjustments to account for the remaining balance due.
Recommended Action: Consider and approve acceptance of a grant in the amount of $55,000.00 from the California Office of Traffic Safety for the purchase of battery powered extrication tools, and make necessary General Fund budget adjustments to account for the remaining balance due of $28,094.77 from General Fund reserves.
Staff Report - Acceptance of Office of Traffic Safety grant for $55,000.00 and Use of General Fund Reserves in the Amount of $28,094.77. - Pdf 50 - 68
6.6. Consider adopting a resolution to rescind Resolution No. 2020-27and adopt a revised Conflict of Interest Code
Staff Report - Revising the City's Conflict of Interest Code - Pdf 69 - 75
7. PUBLIC HEARING
7.1. ***THIS ITEM HAS BEEN CONTINUED TO THE NEXT REGULAR CITY COUNCIL MEETING***
Tobacco Retail Licensing (TRL) Ordinance, adding section 8.29.010 to Calistoga Municipal Code Chapter 8.28 Health and Safety: Smoking in Public Places and Sale of Tobacco Products, to further regulate the sale of Tobacco products within our community.
Public Comment
76 - 77
8. GENERAL GOVERNMENT
8.1. Council discussion and direction to staff regarding the City of Calistoga Municipal Code Chapter 5.12 Mobile Food Vendors.
Recommended Action: Discuss and provide direction to staff regarding the City of Calistoga Municipal Code Chapter 5.12 Mobile Food Vendors.
Staff Report - Discussion of Mobile Food Vending Ordinance CMC Chapter 5.12 Mobile Food Vendors. - Pdf
Public Comment
78 - 80
8.2. Consider adopting a Resolution to Waive City Fees related to the Halloween Parade Road Closures.
Staff Report - Request for a Waiver of City Fees Related to the Halloween Parade Road Closures. - Pdf
81 - 84
8.3. Discussion and direction to staff regarding the City of Calistoga Municipal Code Chapter 17.58 Signs and Advertising Regulations.
Recommended Action: Discuss and provide direction to staff regarding the City of Calistoga Municipal Code Chapter 17.58 Signs and Advertising Regulations.
Staff Report - Discussion and Direction to Staff - Pdf
85 - 86
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 August, 13, 2024, by 4:30 p.m.
Yudiana Galvan, City Clerk
August 12th, 2024
To the Attention of the Ca. Regional Water Board Region 2, Napa County Supervisors, Local Enforcement Agency of Recycle, and Upper Valley Waste Management Agency, We are a growing list of nonprofits that are asking for Clover Flat Landfill and Upper Valley Disposal Service to be decommissioned. We stand with the Sierra Club Redwood Chapter Water Committee, Non-Toxic Neighborhoods, Napa Vision 2050, Protect Rural Sonoma County, Institute for Conservation Advocacy Research and Education/ICARE, Save Napa Valley Foundation and the individual efforts of former Mayor Geoff Ellsworth and his partner Anne Wheaton. Clover Flat Landfill and Upper Valley Disposal & Recycling (owned by Waste Connections, purchased in 2022 from Upper Valley Disposal Services) is long overdue to move its waste operations to a safer, less environmentally sensitive location than the current CalFire High Fire Severity Zone at the top of the Napa River watershed/water source area.
Please consider:
• UVDS/Clover Flat Landfill has operated on No-bid contracts for over 60 years with a litany of environmental violations, water pollution, fires and a company found to be in breach of contract. • Active investigations by the FBI/US Justice Department, Regional Water Quality Control Board, Fish & Wildlife, EPA's Department of Toxic Substances Control, and the Local Enforcement Agency CalRecycle.
• Napa County Supervisors and Staff have largely ignored concerns of the citizens regarding pollution, water contamination, fires, noxious odors and noise pollution from UVDS/CFL. • Racial, social justice issues with dozens of current and former UVDS/CFL Latino employees filing State and Federal complaints against Upper Valley Disposal Service and Clover Flat Landfill for unsafe working conditions, discrimination, poor business practices, and environmental violations. • Violations lodged by every oversight agency with jurisdiction over UVDS/CFL: CalFire, Fish & Wildlife, Regional Water Quality Control Board, Napa County Planning & Building, Air Quality Control Board, CalRecycle, and OSHA.
We ask that our letter be shared with your full board and be put into the record at your next scheduled meeting.
Signed,
Redwood Chapter Sierra Club, Non-Toxic Neighborhoods, Napa Vision 2050, Institute for Conservation Advocacy Research & Education, Preserve Rural Sonoma County, and Save Napa Valley Foundation, Former Mayor Geoff Ellsworth of St. Helena and Anne Wheaton Cc: City of St. Helena, City of Calistoga, City of Yountville, City of Napa, Napa County, Bay Area Air Quality Management District, Napa Valley Register, Press Democrat, EWG, Media, Additional Regulatory Agencies 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 - Aug 20 2024
Subject: Consideration of a Resolution Approving a Master Agreement for Consultant Services with Larry Walker Associates (LWA)
DESCRIPTION:
Consideration of a Resolution Approving a Master Agreement for Consultant Services with Larry Walker Associates for Services Related to the City’s Wastewater and Water Treatment Plant Operating Permits, in an Amount Not to Exceed $72,918.
RECOMMENDATION:
Consider Adopting the Resolution
BACKGROUND/SUMMARY:
The City of Calistoga’s Wastewater Treatment Plant (WWTP) operates under a revised NPDES Permit issued in November 2016 by the San Francisco Bay Regional Water Quality Control Board (RWQCB).
Under this permit, the city may discharge treated effluent to the Napa River between November 1 and June 15 of any given year provided dilution ratios are met. During non-discharge times all treated effluent produced must be spray irrigated, stored, or recycled.
Monitoring and Reporting Requirements
The monitoring and reporting requirements associated with the NPDES permit and recycled water permits are complex and the RWQCB has occasionally imposed mandatory fines for certain permit violations. LWA is very familiar with our permit and the regulatory requirements imposed by the RWQCB. Since January of 2001, LWA has been providing ongoing professional technical assistance related to permit issuance and compliance. The total cost of services provided by LWA varies from year to year depending on identified needs for consultant services.
Additionally, the City of Calistoga operates its Water Treatment Plant under the Drinking Water System NPDES permit and additionally has monitoring and reporting for our annual drinking water permit and required by the State Waterboard. LWA is critical in assisting city staff in all the drinking water reporting required annually to stay compliant with our permits.
Time and Expertise
Staff has limited time and expertise and needs LWA’s expertise to keep Calistoga compliant with these complex permit requirements. These additional activities continue to be required and the recommended contract reflects the additional efforts and expenditure in FY 2024/25. LWA has also been providing technical assistance associated with the Cease-and-Desist Order and required special studies and reporting that’s ongoing.
Item #6.1.
FINANCIAL IMPACT:
On May 16, 2023, by Resolution No. 2023-032 the City approved Amendment No. 14 to Professional Services Agreement No. 288 with Larry Walker Associates in an amount not to exceed $99,018 for FY 2023/24.
Consultant has estimated that $30,953 of the budget was not spent in FY 2023/24. They are requesting additional funding of $41,965 for FY 2024/25. Total funding requested for FY 2024/25 is $72,918.
The FY 2024/25 Budget includes funding in Account Nos. 02-4132-4402 and 03-4142-4402 which have sufficient appropriations for the Master Agreement for Consultant Services, in an amount not to exceed $72,918.
On August 15, 2023, by Resolution No. 2023-061, Exhibit A, Larry Walker Associates was included on the 5-year list of prequalified consultants. LWA is pre-approved to provide CEQA-NEPA and environmental services to the city. The Master Agreement for Consultant Services will replace the Professional Services Agreement No. 288.
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. Draft Resolution
2. Master Agreement for Consultant Services - Larry Walker Associates Item #6.1.
RESOLUTION 2024-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA,
COUNTY OF NAPA, STATE OF CALIFORNIA, AUTHORIZING THE CITY
MANAGER TO EXECUTE A MASTER AGREEMENT FOR CONSULTANT
SERVICES WITH LARRY WALKER ASSOCIATES (LWA) FOR SERVICE RELATED TO THE CITY’S WASTEWATER AND WATER TREATMENT
PLANT OPERATING PERMITS, IN AN AMOUNT NOT TO EXCEED $72,918 WHEREAS, the City of Calistoga Wastewater Treatment Plant Operates under a National Pollutant Discharge Elimination System (NPDES) Permit that includes certain monitoring and reporting requirements; and
WHEREAS, the City of Calistoga operates its Recycled Water Program under the State’s General Water Reuse Permit which requires the city to monitor and report all recycled water activities within its jurisdiction; and
WHEREAS, the City of Calistoga operates its Water Treatment Plant under the Drinking Water System NPDES permit; and
WHEREAS, the city requires consultant services from Larry Walker Associates to assist in the monitoring, reporting and compliance requirements of these permits; and WHEREAS, since January of 2001, LWA has been providing ongoing professional technical assistance related to permit issuance and compliance; and WHEREAS, Larry Walker Associates agrees to furnish services pursuant to Task Order No. 1, shown on EXHIBIT A; and
WHEREAS, Larry Walker Associates has submitted a proposal for these services as reflected in the Scope of Services shown on ATTACHMENT A; and WHEREAS, Larry Walker Associates has submitted a proposal for these services in an amount not to exceed $72,918 as reflected on ATTACHMENT B; and WHEREAS, staff has reviewed said proposal, found that the master agreement for consultant services proposed is reasonable and necessary, and recommends the contract master agreement for consultant services with Larry Walker Associates be approved; and WHEREAS, the FY 2024/25 Budget includes funding in Account Nos. 02-4132-4402 and 03-4142-4402 which have sufficient appropriations for the recommended master agreement for consultant services, in an amount not to exceed $72,918; and WHEREAS, on August 15, 2023, by Resolution No. 2023-061, Exhibit A, Larry Walker Associates was included on the 5-year list of prequalified consultants. LWA is preapproved to provide CEQA-NEPA and environmental services to the city. The Master Agreement for Consultant Services will replace the Professional Services Agreement No. 288.
ATTACHMENT 1
Item #6.1.
Resolution No. 2024-XXX
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY find the following:
1. The City Council of the City of Calistoga authorizes the City Manager to execute Master Agreement for Consultant Services with Larry Walker Associates in an amount not to exceed $72,918, for ongoing and additional permit assistance related to the City of Calistoga Wastewater Treatment Plant NPDES Permit, the State’s General Water Reuse Permit and the Drinking Water System NPDES permit.
PASSED, APPROVED AND ADOPTED this 20th day of August, 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 #6.1.
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OAK #4878-5499-7017v1 (Rev. 9/2021)
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 Larry Walker Associates, a S 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 CEQA-NEPA and environmental services;
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 Services does not operate as a release of CONSULTANT from professional responsibility for the Services performed.
ATTACHMENT 2 Item #6.1.
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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”).
2.2. Invoices. CONSULTANT shall submit monthly invoices in a form satisfactory to CITY on or before the tenth day of each month for Services provided during the preceding month. CONSULTANT shall submit time and cost records as necessary to substantiate Item #6.1.
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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 June 30, 2025 (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 #6.1.
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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 Brian Laurenson, 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.
In the event that CONSULTANT or any employee, agent, or subcontractor of CONSULTANT providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (CalPERS) to be eligible for any CalPERS benefits arising from services provided to CITY under this Agreement, CONSULTANT shall indemnify, defend, and hold CITY harmless from any and all claims, losses, liabilities, damages, taxes, expenses and costs, including without limitation, attorneys’ fees and court costs incurred, including but not limited to, the payment of any employee and/or employer contributions for CalPERS service credit on behalf of CONSULTANT or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions which would otherwise be the responsibility of CITY.
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.
Item #6.1.
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The obligations contained in this Section 5.1 shall survive the termination of this Agreement for whatever cause for the full period of time allowed by law and shall not in any way be limited by the insurance requirements of this Agreement.
5.2. Health and Safety. CONSULTANT may perform part of the Services at sites which contain unknown working conditions and contaminated materials. CONSULTANT shall be solely responsible for the health and safety of CONSULTANT's employees during the performance of the Services.
5.3. Insurance. CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency shall procure, provide and maintain at all times during the performance of this Agreement, and for such additional periods as described herein, the insurance listed below with insurers licensed to do business in the State of California and with a Best's rating of no less than A:VII.
A. Commercial Automobile Liability Insurance. Commercial Automobile Liability Insurance providing bodily injury liability and property damage, to protect against all liability arising out of the use of any owned, leased, passenger or commercial automobile at a minimum amount of $1,000,000 combined single limit and $2,000,000 aggregate. Coverage shall apply to hired and non-owned autos.
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.
Item #6.1.
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E. Policy Terms. Concurrently with execution of this Agreement, CONSULTANT shall provide CITY with Certificates of Insurance evidencing that CONSULTANT has obtained or maintains the insurance required by this Section
5.3. The Certificates shall be on forms acceptable to CITY. CONSULTANT shall also furnish CITY with original endorsements with the following documentation:
• Precluding cancellation or reduction in coverage before the expiration of thirty (30) days after CITY shall have received written notification thereof from CONSULTANT by United States mail;
• Providing that CONSULTANT's insurance shall apply separately to each insured against whom claim is made or suit is brought, and include a “separation of insureds” or “severability” clause which treats each insured separately, except with respect to the limits of the insurer's liability (cross-liability endorsement);
• Excepting CONSULTANT’S professional liability insurance, naming CITY, its City Council, boards, commissions, committees, officers, employees and agents as additional insureds (“Additional Insureds”); and • 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 Item #6.1.
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resulting from said breach. Alternatively, CITY may purchase the required insurance coverage, and without further notice to CONSULTANT, may deduct from sums due to CONSULTANT any premium costs advanced by CITY for such insurance. These remedies shall be in addition to any other remedies available to CITY.
ARTICLE 6 - NOTICES
All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by facsimile or reputable overnight courier and shall be deemed received upon the earlier of: (1) if personally delivered, the date of delivery to the address of the person to receive such notice; (2) if delivered by Federal Express or other overnight courier for next business day delivery, the next business day; (3) if sent by facsimile, with the original sent on the same day by overnight courier, the date on which the facsimile is received, provided it is before 5:00 P.M. Pacific Time; or (4) if sent electronically, the date of delivery on the confirmed read receipt. Notice of change of address shall be given by written notice in the manner described in this Article 6. Rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice or 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: Brian Laurenson, Vice President
1480 Drew Avenue, Suite 100
Davis, CA 95618
Phone: 530-753-6400
Email: [email protected]
ARTICLE 7 - MISCELLANEOUS
7.1. Conflict of Interest Prohibition. CITY and CONSULTANT will comply with the requirements of the CITY’s Conflict of Interest Code adopted pursuant to California Government Code §87300 et seq., the Political Reform Act (California Government Code §81000 et seq.), the regulations promulgated by the Fair Political Practices Commission (Title 2, §18110 et seq. of the California Code of Regulations), California Government Code §1090 et seq., and any other ethics laws applicable to the performance of the Services and/or this Agreement. CONSULTANT may be required to file with the CITY Clerk a completed Form 700 before commencing performance of the Services unless the CITY Clerk determines that completion of a Form 700 is not required, pursuant to Item #6.1.
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CITY’s Conflict of Interest Code. Form 700 forms are available from the CITY Clerk.
CONSULTANT may not perform Services for any other person or entity that, pursuant to any applicable law or regulation, would result in a conflict of interest or would otherwise be prohibited with respect to CONSULTANT’s obligations pursuant to this Agreement.
CONSULTANT agrees to cooperate fully with CITY and to provide any necessary and appropriate information requested by CITY or any authorized representative concerning potential conflicts of interest or prohibitions concerning CONSULTANT’s obligations pursuant to this Agreement.
CONSULTANT may not employ any CITY official, officer or employee in the performance of the Services, nor may any official, officer or employee of CITY have any financial interest in this Agreement that would violate California Government Code §1090 et seq. CONSULTANT hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of CITY. If CONSULTANT was an employee, agent, appointee, or official of CITY in the previous twelve months, CONSULTANT warrants that it did not participate in any manner in the forming of this Agreement. CONSULTANT understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and 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.
Item #6.1.
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7.4. No Assignment. The Services are deemed unique and neither party shall assign, transfer, subcontract or otherwise substitute its interest in this Agreement or any of its obligations hereunder without the prior written consent of the other party. As limited by this Section
7.2, this Agreement is to be binding on the successors and assigns of the parties hereto.
7.5. Severability. If any part of this Agreement is determined to be unconstitutional, invalid or beyond the authority of either party, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement can be interpreted to give effect to the intentions of the parties.
7.6. Counterparts. This Agreement may be signed in counterparts and, when fully signed, such counterparts shall have the same effect as if signed in one document.
7.7. Choice of Law. This Agreement and all matters relating to it shall be governed by the laws of the State of California without reference to its choice of laws principles and venue shall be in the appropriate court in Napa County, California.
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. ***
Item #6.1.
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[Signatures on Next Page]
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 #6.1.
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EXHIBIT A
TASK ORDER NO. 1
CITY OF CALISTOGA
AND
Larry Walker Associates
SECTION 1 – PURPOSE
The purpose of this Task Order is to authorize and direct Larry Walker Associates 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 Larry Walker Associates (“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 Seventy-two Thousand Nine Hundred Eighteen Dollars ($72,918) (“Cost Ceiling”).
SECTION 4 – TIME OF PERFORMANCE
The services described in SECTION 2 of this Task Order shall be completed by June 30, 2025 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 _____, _______.
[Signatures on Next Page]
Item #6.1.
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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 #6.1.
The City of Calistoga (City) has requested a scope of services and cost estimate from Larry Walker Associates (LWA) for assistance with regulatory conditions specified by the Wastewater Treatment Plant (WWTP) NPDES permit, the Sanitary Sewer System Waste Discharge Requirements (WDRs), the Recycled Water Use permit, and the Drinking Water System permits. The following Scope of Services describes the activities predicted for Fiscal Year 2024/25, From July 1, 2024 to June 30, 2025. The tasks include preparing regulatory compliance reports, consulting on regulatory issues, conducting permit-required special studies, implementing permit conditions, and providing updates on new water quality policies/regulations.
Attachment A includes a cost estimate for the tasks noted below. The cost estimates are presented in terms of the specific tasks outlined in this scope and include the number of hours for each LWA staff member that may assist with the project.
Task 1 – Preparation of Regulatory Compliance Reports
Periodic reporting of operational information, regulatory compliance, and monitoring data is required by the WWTP NPDES permit (Order No. R2-2022-0010), the recycled water permit (Order WQ 2016-0068- DDW), and the Cease and Desist Order (CDO) No. R2-2014-0043 (Amended by Order No. R2-2016-0019).
Incident reporting is required to document the occurrence, cause, and response to effluent limit violations, spills, bypasses, and unauthorized discharges. WWTP effluent and receiving water monitoring data must be submitted online through the California Integrated Water Quality Management System (CIWQS). A cover letter and CDO progress report are provided with monthly data submittals to explain operational changes, identify violations of effluent limits or water quality objectives, and summarize CDO compliance activities. Annual reporting is required to document WWTP performance and recycled water program implementation.
As requested by City staff, LWA will prepare regulatory compliance reports or review draft reports prepared by City staff. Draft versions of all reports will be provided to City staff for review and comment prior to finalizing for submittal to the San Francisco Bay Regional Water Quality Control Board (Regional 1480 Drew Avenue, Suite 100
Davis, CA 95618
530.753.6400 www.lwa.com
530.753.7030 fax
ATTACHMENTA
SCOPE OF SERVICES FOR
CITY OF CALISTOGA
Contract Amendment No. 15
Ongoing Permit Assistance
(July 1, 2024 to June 30, 2025)
Item #6.1.
Water Board) or the State Water Resources Control Board (State Water Board) Division of Drinking Water (DDW).
Task 2 – General Consulting
Under the General Consulting task, funds are allocated to assist the City with new or emerging issues that are not included under the other identified contract tasks. During previous years, this task has been used for evaluating compliance concerns, communicating with Regional Water Board staff, recycled water project planning, responding to Notices of Violation, and following regulatory developments.
Upon request of City staff, LWA will utilize these funds for assistance with issues or special projects that arise during the contract term.
Task 3 – Pollution Prevention Assistance
As specified in the NPDES permit, the City must undertake pollution prevention activities to reduce the amount of pollutants received at the WWTP. Pollutants of concern (POCs) are identified by the City and the Regional Water Board and include those constituents that could cause or contribute to an exceedance of water quality objectives in the Napa River. The current POCs are mercury, geothermal pollutants, aldrin, disinfection byproducts (trihalomethanes), copper, ammonia, oil and grease, and PCBs. LWA will provide advice to the City when identifying and implementing appropriate pollution prevention activities. LWA will also prepare the annual Pollution Prevention Reports. A draft version of reports will be submitted to City staff for review and approval before finalizing for submittal to the Regional Water Board. Under this task, LWA will also provide regulatory assistance to understand and prescribe requirements related to permitting and regulating of new industrial users in the City’s sewer service area.
Task 4 – Disinfection Byproducts Compliance
Cease and Desist Order No. R2-2014-0043 (as amended by Order No. R2-2016-0019) contains a time schedule for compliance with final effluent limits for chlorodibromomethane and dichlorobromomethane (trihalomethanes or THMs). The City has been implementing activities to reduce the formation of THMs in the drinking water supply and tertiary effluent produced at the WWTP. For the past three discharge seasons, the City has been in compliance with the final THM effluent limits through chemical addition of ammonia into the treatment process. As a result, no activities are predicted during this contract period.
Task 5 – Napa River Collaborative Monitoring
Since 2002, Napa River monitoring has been conducted through a collaborative effort funded by the City of Calistoga, City of St. Helena (St. Helena), and the Town of Yountville (Yountville). Samples from locations upstream and downstream of effluent discharges to the Napa River are analyzed for priority pollutants, drinking water parameters, and agricultural constituents of concern. The three dischargers collect the samples, obtain the required analytical results, and assemble a representative dataset that is used for all three NPDES permits. In April 2024, Yountville staff collected these samples and the analytical costs and the data review will be conducted by LWA with costs split across the three agencies.
Item #6.1.
The data will be used by the Regional Water Board to perform reasonable potential analyses and to calculate effluent limitations for the next NPDES permits.
Task 6 – Project Management
LWA activities under this task include managing budgets and schedules, implementing contract conditions, and preparing monthly progress reports for City staff.
Task 7 – Mixing Zone Study
A dye study and calibrated mixing zone modeling were conducted in 2009 to determine dilution, travel time, and mixing zone characteristics when discharging effluent at Outfalls 001 and 002. The results were used by the Regional Water Board to establish dilution credits in the 2010 and 2016 NPDES permits. In 2020, LWA re-evaluated the mixing zone characteristics at Outfalls 001 and 002 and determined mixing characteristics at Outfall 003 (old discharge outfall at the 20 million gallon effluent storage pond) if it will be used during the upcoming permit term. The 2020 mixing zone study report was submitted to the Regional Water Board in July 2020 as part of the NPDES permit application. The permit was reissued in 2022 and no updates were required. As a result, no activities are predicted during this contract period.
Task 8 – Sanitary Sewer Management Plan (SSMP) Updates and Internal Audit The Sanitary Sewer System WDRs were reissued in December 2022 with an effective date of June 5, 2023 (Order No. WQ 2022-0103-DWQ). Among other provisions, the new Order requires updates to the SSMP. The first SSMP Internal Audit under the new permit is required by November 5, 2025, and the SSMP must be updated by May 2, 2026. As a result, no activities are predicted during this contract period.
Task 9 – CIWQS Electronic Data Management Tool
No activities are predicted for this task during this contract term. LWA plans to continue to assist with the City’s CIWQS submittals through activities described under Task 1, Preparation of Regulatory Compliance Reports.
Task 10 – WWTP NPDES Permit Application
The application for the current NPDES permit was submitted to the Regional Water Board in July 2020 and the permit was reissued in March 2022. The next NPDES permit application is not due until October 1, 2026. As a result, no activities are predicted during this contract period.
Task 11 – WWTP NPDES Permit Adoption
The current NPDES Permit was issued in March 2022. As a result, no activities are predicted during this contract period.
Task 12 – Drinking Water System Permit Activities
The City’s Domestic Water Supply Permit includes requirements to monitor water quality, conduct technical studies, and submit reports to the State Water Resources Control Board Division of Drinking Item #6.1.
Water (DDW). When requested by City staff, LWA will assess monitoring results, consider compliance actions, provide notification of policy/regulatory changes, communicate with DDW , and review/edit draft reports prepared by City staff.
The City also has monitoring and reporting requirements under the Statewide NPDES Permit for Drinking Water System Discharges to Waters of the U.S. (WQ Order 2014-0194-DWQ). The Statewide permit is a general permit that covers some planned discharges and most emergency discharges from potable water pipelines, tanks, reservoirs, and water treatment plants. Based on operational data provided from City staff, LWA will prepare the 2024 Annual Report required by the Statewide permit to document all discharges to surface water from the potable water system. The report will be finalized after review by City staff and submitted to the State Water Board.
As needed, LWA will also assist the City in keeping its “Abridged Water Supply Contingency Plans” (WSCP) updated (per California Water Code 10609.60). As updates are needed, LWA will provide a draft revised WSCP to the City for review and finalize the WSCP after review by City staff.
Item #6.1.
Senior
Advisor
Associate
Scientist I
PM / Senior
Scientist I
Project
Engineer IA:
Project
Engineer IC:
Contract
Administrator:
Denise
Conners Mike Trouchon Alina Constantinescu
Zaida Cholico
Nubia Donikian Paula Vilamil Tina VanCarpels
$315 $295 $261 $196 $146 $150
1 Preparation of Permit Compliance Reports
Prepare monthly SMRs, annual reports, technical memoranda, or workplans specified by the Regional Water Board, NPDES permits, CDO, and recycled water permit. 16 80 24 120 $30,624 0 $30,624 2 General Consulting
Address questions from City staff, respond to compliance issues that may arise, and update the City of new/projected regulatory requirements. 12 24 4 40 $10,828 0 $10,828 3 Pollution Prevention Assistance
Assist with implementation of the pollution prevention program, revise program (as needed) to address identified constituents of concern, and prepare 2022 and 2023 Annual Pollution Prevention Reports. Assist with regulating potential new industrial users.
2 4 8 24 38 $6,746 0 $6,746
4 Disinfection Byproducts Compliance
No activities anticipated during this contract term since the WWTP has been in compliance with the final THM limits for the past three discharge seasons. As needed, assistance will be provided under Task 1.
0 0 0 0
5 Napa River Collaborative Monitoring
Conduct collaborative Napa River monitoring for pollutants of concern on behalf of Calistoga, St Helena, and Yountville. 4 8 8 20 $5,708 $7,500 (2) $13,208 6 Project Management
Prepare monthly invoice progress reports, track budgets and schedules, ensure implementation of contract conditions. 2 6 16 24 $4,596 0 $4,596 7 Mixing Zone Study
The most recent mixing zone study was completed in July 2020. No activities are anticipated during this contract term. 0 0 0 0
8 Sanitary Sewer Management Plan (SSMP) Internal Audit
Review SSMP and Sanitary Sewer Overflow (SSO) reports, evaluate effectiveness of the SSMP and compliance with reissued WDR, identify deficiencies and recommend revisions. Prepare internal audit report and assist the City with revising the SSMP.
Update the Emergency Response Plan.
0 0 0 0
9 CIWQS Electronic Data Management Tool (EDMT)
No activities anticipated during this contract term. CIWQS and eSMR assistance to be provided under Task 1. 0 0 0 0
10 WWTP NPDES Permit Application
The permit application package was submitted in July 2020. No activities are anticipated during this contract term. 0 0 0 0
11 WWTP NPDES Permit Adoption
The Permit was reissued in March 2022. No activities are anticipated during this contract term. 0 0 0 0
12 Drinking Water System Permit Activities
Address questions from City staff, respond to compliance issues that may arise, and update City of new/projected regulatory requirements. Prepare 2024 Annual Report and update Water Supply Contingency Plan, if needed.
12 16 28 $6,916 0 $6,916
TOTAL PROJECT COSTS (3) 48 8 122 52 24 16 270 $65,418 $72,918 $30,953
$41,965
(2) Estimated costs for laboratory analysis.
Attachment A
Professional Services by Larry Walker Associates
Estimated Costs for Ongoing Permit Assistance through the end of FY 2024/25 City of Calistoga
LWA Labor Hours and Rates (1)
(July 1, 2024 through June 30, 2025)
Contract Amendment No. 15
Task
Total
Labor
Costs
Description Total Total Costs
Hours
Other Direct
Costs
(4) The current contract balance, following May2024 expenditures, is estimated at $30,953. If the balance is rolled into Contract Amendment 15, the amount needed for Amendment 15 is $72,918- $30,953 = $41,965 (3) The cost estimate is based on best available information and a projections of activities required through the end of FY 2024/25. If it appears the budget will be exceeded, LWA will notify the City and discuss approach before proceeding with additional work. (1) LWA hourly rates for 2024/25 (attached).
ESTIMATED AVAILABLE FUNDS AS OF 6/6/2024
ADDITIONAL FUNDING REQUESTED (4)
$7,500
Item #6.1.
LARRY WALKER ASSOCIATES, INC.
Rate Sheet Effective July 1, 2024 – June 30, 2025
5/1/2024
TITLE RATE
($/Hour) REIMBURSABLE COSTS
Administrative $80 Travel
Contract Manager $150 Local Mileage CurrentIRS Rate
Graphic Designer $138 Auto Rental Actual Expense
Project Staff I-C $146 Room Actual Expense
Project Staff I-B $171 Subsistence and Per Diem Meals (1) Current GSA Rate Project Staff I-A $196 Breakfast Current GSA Rate
Project StaffII-B $215 Lunch Current GSA Rate
Project StaffII-A $241 Dinner Current GSA Rate
Senior Staff I $261 Incidentals Current GSA Rate
Senior StaffII $281 Report Reproduction and Copying
Associate I $295 Per Color Copy, In-House $0.89
Associate II $315 Per Black and White Copy, In-House $0.08 Vice President $332 PerBinding, In-House $1.95
Executive Vice President $347 Special Postage and Express Mail Actual Expense Senior Executive $357 Third-Party Material Preparation Actual Expense President $357 Other Direct Costs Actual Expense
Daily Equipment Rental Rates (Daily Rate)
Single Parameter Meters & Equipment $30.00
Digital Flow Meter $60.00
Multi-Parameter Field Meters & Sondes $100.00
RTK-GPS, River Surveyor, Tracer Study Equipment $250.00 Multi-Parameter Continuous Remote Sensing $40.00
Field Rig (Field Vehicle and All Equipment) $200.00
Subcontractors Actual Expense Plus 10% Fee
Note:(1) Charged when overnightlodging is required. U.S. General Services Administration rates specified by location of work at gsa.gov
ATTACHMENT% Item #6.1.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Yudiana Galvan, City Clerk
Meeting: City Council - Aug 20 2024
Subject: Adopting the Minutes of July 30, 2024 Regular City Council Meeting DESCRIPTION:
Adopting the Minutes of July 30, 2024 Regular City Council Meeting RECOMMENDATION:
Consider Adopting the Minutes
FINANCIAL IMPACT:
None
CEQA STATUS:
None
ATTACHMENT(S):
7.30.24 Minutes
APPROVAL(S):
Connie Cardenas, Admin. Services Director Approved - Aug 07 2024 Laura Snideman, City Manager Approved - Aug 12 2024
Yudiana Galvan, City Clerk Approved - Aug 12 2024
Item #6.2.
MINUTES
CALISTOGA CITY COUNCIL
REGULAR MEETING
Tuesday, July 30, 2024 - 6:00 PM
1307 Washington Street, Calistoga CA 94515
1. Call to Order/Roll Call/Pledge of Allegiance and Optional Patriotic Activity Mayor Williams called the regular session to order at 6:00 p.m.
Present: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift
Absent:
2. REPORT FROM CLOSED SESSIONS - NONE
3. ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS Public Comment was made by Jeffrey Stanlord.
4. CITY MANAGER’S REPORT
City Manager Snideman expressed sympathy and prayers for an accident that happened on Monday between a pedestrian and a patrol vehicle. The City has hired a new full-time dispatcher, Citlaly Mendoza. There are 10 days left of the nomination period, now is the time to make an appointment with the Clerk and run for Council! August 6th is National Night Out, the PD and Community will come together and have fun evening. The Vine trail has an official opening date of August 17th from St. Helena to Calistoga, also August 4th is Sundaes Sunday at the pool.
5. PROCLAMATIONS/PRESENTATIONS/ AWARDS - NONE
6. CONSENT CALENDAR
A Motion was made by Councilmember to adopt the Consent Calendar with the exception of Item 6.5, Seconded by Councilmember Eisenberg.
AYES: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift
NOES:
ABSTAIN:
ABSENT:
6.1. APPROVED - Adopting the Minutes of July 9, 2024 Regular City Council Meeting
6.2. Adoption of Resolution No. 2024-51 - Confirming the appointment of Vice Mayor Lopez-Ortega as voting delegate and Councilmember Gift at the League of California Cities Annual Business Meeting to be held on October 16-19 2024.
6.3. Adoption of Resolution No. 2024-52 - Confirming the Mayor's Appointments to the Item #6.2.
City Council Minutes
July 30, 2024
Planning Commission to fill unscheduled vacancies.
6.4. Adoption of Resolution No. 2024-53 - Consideration of a Resolution that conditionally awards a construction contract to T&S Intermodal maintenance.
6.5. Adoption of Resolution No. 2024-54 - Awarding Fiscal Year 2024-25 Community Enrichment Grant Program.
This item was pulled for discussion by Mayor Williams, the CEG subcommittee discussed the reasons for denying one of the applications.
A Motion was made by Mayor Williams to approve the awards as presented, seconded by Vice Mayor Lopez-Ortega.
AYES: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift
NOES:
ABSTAIN:
ABSENT:
6.6. Adoption of Resolution No 2024-55 - Approving a Consultant Services Agreement:
On-Call Planning Services - LACO
6.7. Adoption of Resolution No. 2024-56 - Approving a Consultant Services Agreement:
On-Call Planning Services - M-Group
6.8. Adoption of Resolution No. 2024-57 - Approving an agreement for Temporary Police Dispatch Services and use of Calistoga Police Dispatch Center for St. Helena Dispatch Services
6.9. Adoption of Resolution No. 2024-58 - Authorize a Purchase Order with Software House International (SHI) for the purchase and implementation of Granicus OpenCities Content Management System (CMS) in an amount not to exceed $53,644.72.
7. PUBLIC HEARING
7.1. Adoption of Resolution No. 2024-59 - Authorizing the levying and collection of assessments for the Palisades Landscape Maintenance District for Fiscal Year 2024-
25. Item #6.2.
City Council Minutes
July 30, 2024
Councilmember Eisenberg recused himself due to a property proximity conflict.
There was no public comment.
A motion was made by Councilmember Gift to adopt the resolution, seconded by Councilmember Cooper.
AYES: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Cooper and Gift
NOES:
ABSTAIN: Councilmember Eisenberg
ABSENT:
7.2. Adoption of Resolution No. 2024-60 - Authorizing the levying and collection of assessments for the Silverado Place Landscape Maintenance District for Fiscal Year 2024-25.
Councilmember Eisenberg recused himself due to a property proximity conflict.
There was no public comment.
A motion was made by Mayor Williams to adopt the resolution, seconded by Vice Mayor Lopez-Ortega.
AYES: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Cooper and Gift
NOES:
ABSTAIN: Councilmember Eisenberg
ABSENT:
8. GENERAL GOVERNMENT
8.1. APPROVED - Green Committee work plan goals for FY 24/25. This item was heard last, as the presenter was late.
The workplan was presented by Antoinette Maillard.
There was public comment by Rob Serini, Wyatt Ferris, Antoinette Maillard, Tim Moore and Millie Pease.
The Council discussed and directed the Green Committee to work with the Climate Action Committee and provide them with Council-approved input regarding the document CAC has proposing.
Item #6.2.
City Council Minutes
July 30, 2024
City Manager Snideman and Planning Director Desmond expressed concern that the Green Committee needs a narrower scope of work with an emphasis on Councilapproved projects only.
The Green Committee agreed to prioritize the items on their suggested work plan, include what actions they wish to take for each and bring them back to Council for additional workload consideration as directed.
Mayor Williams made a motion to direct the Green Committee to work on the Climate Action Committee Document as much as possible and continue working only on Council-approved projects in the workplan, seconded by Councilmember Eisenberg.
AYES: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift
NOES:
ABSTAIN:
ABSENT:
8.2. Adoption of Resolution No. 2024-61 - Providing a discount of rental fees to the Flynn Creek Circus for use of the great lawn. This item was heard 1st.
This item was presented by Deputy City Manager Stepp and Blaze Birge of Flynn Creek Circus who was present via teleconference.
There was public comment by Tim Moore and Wyatt Ferris.
The Council discussed and took into consideration the current state of the property.
A motion was made by Councilmember Cooper to approve the discounted rate for this particular case, seconded by Councilmember Gift.
AYES: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift
NOES:
ABSTAIN:
ABSENT:
8.3. Adoption of Resolution No. 2024-62 - Authorizing the City Manager to award a construction contract to T&S Intermodal Maintenance, Inc. for the Logvy Park Improvement Project. This item was heard 2nd.
This item was presented by Deputy City Manager Stepp.
Public Comment was made by Indiria Lopez, Luis Bernal, John Gleazer, Tim Moore, Item #6.2.
City Council Minutes
July 30, 2024
Wyatt Ferris, Danny and Rob Serini.
Council discussed and considered other possibilities for the playground area.
A motion was made by Councilmember Gift to adopt the resolution as presented, seconded by Vice Mayor Lopez-Ortega,
AYES: Vice Mayor Lopez-Ortega and Councilmembers Eisenberg Cooper and Gift
NOES: Mayor Williams
ABSTAIN:
ABSENT:
9. COUNCIL REPORTS
Councilmember Gift congratulated the Olympians in France, one of her former studentathletes is currently competing.
Vice Mayor Lopez-Ortega congratulated Council, the City Manager, Public Works and the Community for a successful key exchange. She attended a North Bay Cities meeting in Sausalito regarding props 4,5, and 36.
Mayor Williams also announced the opening of the Vine Trial. He attended a Housing Advisory Committee, they are working on the nexis fee. He also attended a meeting of the Napa Valley Tourism Corporation, which is the umbrella that governs the collection of the self-imposed tax hotels pay to aid in marketing. Although it does not involve taxpayer dollars Mayor would like to clarify the board nor Council were unaware of the discord within Visit Napa Valley.
10. ADJOURNMENT
Mayor Williams adjourned the meeting, at 8:26 p.m.
Respectfully Submitted
Prepared by: Approved By:
Yudiana Galvan, City
Clerk Donald Williams, Mayor
Item #6.2.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Aug 20 2024
Subject: Wastewater Treatment Plant Filter Reconditioning Project DESCRIPTION:
Authorizes the City Manager to execute a purchase order in the amount of $119,266.35 to Parkson Corporation to recondition three existing DynaSand filters located at the Dunaweal Wastewater Treatment Plant and authorizes the Public Works Director to negotiate and approve change orders, in an amount not to exceed $131,193 which includes a 10% contingency for unforeseen conditions.
RECOMMENDATION:
Consider Adopting the Resolution
BACKGROUND/SUMMARY:
In 2002 construction was completed upgrading the City’s Dunaweal Wastewater Treatment Plant (WWTP) that originally was an oxidation pond wastewater treatment process. The upgraded WWTP changed from a pond system to a tertiary treated/activated sludge process using proprietary equipment from Parkson Corporation. This upgrade improved the City’s ability to meet more stringent State and Federal regulations to be able to discharge compliant effluent to the Napa River and allowed Calistoga to produce higher quality recycled water.
An integral part of the 2002 upgrade was that the plant produce tertiary treated wastewater effluent, which the city prior to this had not had. The tertiary process requires critical filtration to produce higher quality effluent. Parkson equipment called DynaSand filters were specified in the design to be purchased and installed as part of the plant upgrade. The filters continuously backwash and perform the essential duty of removing solids from clarified water before it is discharged to the Napa River or used as recycled water.
These continuous backwashing filters have been running 24 hours a day, 7-days a week, all year long since they were put into service in 2002. Reconditioning the filter media and topping off the filter media is recommended every 5-10 years which the filters are overdue for. The filters have been previously topped off but never reconditioned to the best of staff’s knowledge.
The proprietary Parkson equipment prevent staff from competitively bidding without jeopardizing the performance of the Parkson, DynaSand filters, so staff only has a single quote from Parkson. This project covers the cost of labor and materials plus ten percent contingency for unforeseen conditions (e.g. additional replacement or broken parts within the filters, additional replacement media, etc…).
Item #6.3.
Each of the three filters will be emptied one at a time, parts inspected, cleaned and/or replaced, media cleaned, replaced and topped off. Additional filter media to top off the filters in the future is also included.
Staff has reviewed the bid from Parkson Corporation and recommends that the City Council allow the City Manager to authorize the PO with Parkson Corporation to complete the work.
FINANCIAL IMPACT:
The Project is included in the FY24/25 Budget, Account No. 13-5609-4915 - Wastewater Treatment Plant Repairs which has a total budget amount of $214,000. The total project cost with a 10% contingency is $131,193 and is well within this budget amount.
CEQA STATUS:
Per CEQA guidelines section 15301(b) this project is replacing existing facilities with negligible or no expansion of use, and therefore exempt from CEQA.
ATTACHMENT(S):
1. Draft Resolution
2. Parkson Corporation Quote
Item #6.3.
RESOLUTION 2024-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF
NAPA, STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE ORDER IN AN AMOUNT NOT TO EXCEED $119,266.35
TO PARKSON CORPORATION FOR THE WASTEWATER TREATMENT PLANT
DYNASAND FILTER RECONDITIONING PROJECT
WHEREAS, in 2002 construction was completed upgrading the City’s Dunaweal Wastewater Treatment Plant (WWTP) from an oxidation pond wastewater treatment process to a tertiary treated/activated sludge process using proprietary equipment from Parkson Corporation; and
WHEREAS, an integral part of the 2002 upgrade was that the plant produce tertiary treated wastewater effluent, which the city prior to this had not had; and WHEREAS, the tertiary process requires critical filtration to produce higher quality effluent. Parkson equipment called DynaSand filters were specified in the design to be purchased and installed as part of the plant upgrade; and WHEREAS, the city owns and maintains three Wastewater Treatment Plant DynaSand filters have been in continuous service for 22 years and require service every 5-10 years and is overdue for service; and
WHEREAS, each of the three filters will be emptied one at a time, parts inspected, cleaned and/or replaced, media cleaned, replaced and topped off.
Additional filter media to top off the filters in the future is also included; and WHEREAS, the proprietary Parkson equipment prevent staff from competitively bidding without jeopardizing the performance of the Parkson, DynaSand filters, so staff only has a single quote from Parkson; and
WHEREAS, staff has reviewed the bid from Parkson Corporation and recommends that the City Council award the contract to Parkson Corporation; and WHEREAS, per CEQA guidelines section 15301(b) this project is replacing existing facilities with negligible or no expansion of use, and therefore is exempt from CEQA; and
WHEREAS, the FY24/25 Budget, Account No. 13-5609-4915 - Wastewater Treatment Plant Repairs which has a total budget amount of $214,000. The total project cost with a 10% contingency is $131,193 and is well within this budget amount.
ATTACHMENT 1 Item #6.3.
Resolution No. 2024-XXX
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY find the following:
1. Authorizes the City Manager to execute a purchase order in the amount of $119,266.35 to Parkson Corporation to provide DynaSand filter reconditioning services.
2. Allows the Public Works Director to negotiate and approve change orders, in an amount not to exceed $131,193 which includes a 10% contingency for unforeseen conditions.
3. Waives any informalities or irregularities in Parkson Corporation quote.
PASSED, APPROVED AND ADOPTED this 20th day of August, 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 #6.3.
Quotation
NUMBER: B01501855-1 Rev 8 DATE: August 7, 2024
TO: City of Calistoga WWTP
1100 Dunaweal Lane
Calistoga, CA 94515
Attn: Dean Alexander
Cell: 707-312-1697
Email: [email protected]
REF.: Project Name: City of Calistoga
Project Location: Calistoga, CA
Original Serial #: 150219
Parkson Corporation proposes the reconditioning of your existing DynaSand® Continuous Backwash Sand Filters and is pleased to provide this Reconditioning Quotation for the following:
ITEM 1 DYNASAND® CONTINUOUS BACKWASH SAND FILTER(S)
# Existing Units: Three (3)
Serial Number: 150219
Model: DSF-78 SBTF
ITEM 2 PARTS
• Nineteen (19) empty SuperSacks
• Twelve (12) Tons of Media
• Three (3) HDPE Airlifts
ITEM 3 PARKSON SERVICE
DSF CLEANING – (labor) scope of supply:
• Removal of all necessary Grating (as required).
• Pump sand/media from the Cell being worked on into storage bags.
1. Storage bags will leak water. Please note that bags will need to be placed in an area where provisions exist to handle the drainage water. • Screen sand of larger particles/solids upon pumping.
• Drain fluid (water) from tank.
• Inspect and clean all radial arms.
• Clean lower cones of all solids/debris.
• Fill tank with clean Plant effluent.
• Load sand from supersacks back into empty unit.
• Re-installation of all Grating (as required).
• Wash filtered media overnight with clean Plant effluent. • Open feed inlet for the tank that has been cleaned.
The above process continues until the completion of the last tank.
ATTACHMENT 2
Item #6.3.
ITEM 4 OFFERINGS - PURCHASE PRICE
4.A Parkson Certified On-site Reconditioning …………………………………$119,266.35 USD Parts……………………………………………………………………………………………$25,540.00
Engineering………………………………………………………………………………..…$3,000.00
Rentals…………………………………………………………………………………………$9,000.00
Labor (no tax)………………………………………………………………………………..$68,817.00 Freight (no tax)………………………………………………………………………………$10,000.00 Tax (7.75%)……………………………………………………………………………………$2,909.35
1. Work performed by Parkson authorized field technicians, who will test run equipment at completion of services.
2. Price is for Items 2 and 3 above.
3. Parkson to supply crane to load sand 3 times (4 hour minimum).
4. Parkson to supply forklift (2 week rental).
5. One filter will be down while work is taking place.
6. Freight included.
7. Engineering drawings excluded.
Rebuild / Start-Up Assistance - Included
Parkson will furnish one certified crew as required to recondition unit, provide start-up and operator training. Dates of service to be scheduled upon receipt of Buyer’s written request.
Additional start-up service can be purchased for $1,400 per day plus travel and living expenses.
ITEM 5 SCHEDULE, VALIDITY, PAYMENT TERMS
5.A Schedule
Submittal Phase not required on this project.
If Parts are required, they will be delivered to jobsite 4-6 weeks after receipt of acceptable Purchase Order, or when all questions are resolved.
Reconditioning will be within 6-8 weeks after receipt of order. Work could be scheduled earlier depending on Parkson’s workload at the time of purchase order.
5.B Validity:
1. Price is valid for thirty (30) calendar days from Quotation date, for shipment of Equipment within the timetable stated above.
Item #6.3.
5.C Payment Terms:
1. 100% net 30 days upon reconditioning completion. Payment terms for parts only without any factory labor or field service is 100% net 30 days from shipment.
ITEM 6 WARRANTY, DRAWINGS & MANUALS
6.A Mechanical Warranty:
1. As defined in Section XVI on the attached Standard Conditions of Sale, Parkson offers a one (1) year mechanical warranty for all new parts installed on the DynaSand® Continuous Backwash Sand Filter by an on-site certified reconditioning.
2. Installation labor of parts or parts not ordered as part of a rebuild package have a 90- day warranty.
6.B Drawings and Installation, Operation and Maintenance (IO&M) Manuals:
1. Approval Drawings: Not required
2. Certified Drawings: Not required
3. IO&M Manuals: Not required
TERMS AND CONDITIONS:
This Quotation is governed by and subject to Parkson’s Standard Conditions of Sale, which are incorporated by reference and accessible at: http://www.parkson.com/files/documents/AFMterms.pdf BUYER/OWNER RESPONSIBILITY UNLESS OTHERWISE STATED:
• Upon disassembly on site if any unforeseen parts or structural repairs are required, Parkson Corporation will notify the customer prior to commencement of any repairs beyond original quoted scope. The costs for these items will be added to the scope of work. • Disposal of existing sand if replaced.
• Walkway, platforms, handrails, grating, and access ladders/stairs unless stated otherwise. • Concrete and concrete design.
• Chemicals, chemical feed systems and instrumentation other than those detailed above. • Automatic samplers or other test equipment and performance test. • Unloading of rebuild components (if applicable).
• Readiness of the equipment before requesting [rebuild or start up] service. Non-readiness may result in additional charges.
• Compatibility of equipment materials of construction with process environment. • Electrical connection and interconnecting wiring. Controls require 10 Amps at 110V. • Interconnecting piping.
• Any other auxiliary equipment or service not detailed above. • Dumpster for all old parts [on site rebuild].
• Care and storage of rebuild components (if applicable) upon receipt at customer site.
Item #6.3.
NOTE REGARDING PREVALING WAGES: Parkson, as the original equipment manufacturer, will be servicing/reconditioning its own proprietary equipment, which service may contain our proprietary trade secrets and knowhow. No craft or trade would be appropriate for apprentices related to this work. If the awarding body requires apprenticeship coverage, then Parkson would need to amend its quoted pricing and completion time.
Please return one signed copy of this quotation and Purchase Order to Parkson Corporation at the address below. Refer to this quotation, date, and related correspondence.
Issued By: Marty Unger Accepted By: (Herein called the Buyer)
PARKSON CORPORATION
1401 West Cypress Creek Road
Fort Lauderdale, FL 33309-1969
Name: Marty Unger Name
Title: Regional Sales Manager Title:
Phone: 954-383-1757 Date:
Fax: 817-599-9725
E-Mail: [email protected]
Date: August 7, 2024
Enclosures:
Local Rep: Jeff Rabas
Coombs-Hopkins
Ph 303-710-9426
[email protected]
cc: Naim Mohammed, Edna Sugden, Ryan Brice
Item #6.3.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Aug 20 2024
Subject: Replace Back-up Generator at the Public Works Corporation Yard DESCRIPTION:
Authorizes the City Manager to sign a purchase order agreement in an amount not to exceed $59,398.00 with Telstar Instruments, for the removal of an existing non-compliant generator and the purchase and installation of a new Bay Area Air Quality Management District (BAAQMD) compliant generator at the Public Works Corporation Yard.
RECOMMENDATION:
Consider Adopting the Resolution
BACKGROUND/SUMMARY:
The Public Works Corporation Yard generator has been deemed by BAAQMD to be non-compliant due to a failed emissions test. Public Works has made efforts to gain compliance, without having to replace the generator by installing additional catalytic converter filtering. BAAQMD found the emissions levels were still outside of allowable tolerances. Public Works is being mandated by BAAQMD to replace the generator (see attachment 2) and has been fined, despite trying to remedy the issue. The city attorney is assisting with a response to BAAQMD requesting to counter the fine, showing BAAQMD that staff were actively trying to correct the violation.
The purchase order is for Telstar Instruments to remove the existing generator and replace it with a compliant 40KW generator. Telstar Instruments has provided the city with great quality electrical and programing services for Calistoga facilities for over 20 years and they are a pre-qualified consultant on Calistoga’s 5-year Master Service Agreement list, and your council awarded Telstar a 3-yr CSA on April 5, 2022, to provide electrical maintenance of city facilities, but this work will be completed under a separate PO.
Staff have obtained a quote from Telstar Instruments and feel that their team is well qualified to successfully complete the work and recommend the City Council award the purchase order to Telstar Instruments.
Item #6.4.
FINANCIAL IMPACT:
The FY 24/25 Budget under Account No. 01-5673-4915, Replace Corp Yard Generator that has a balance of $65,000 in available funding. The $59,398 falls within the allotted budget.
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. Draft Resolution
2. Telstar Instruments Quote
Item #6.4.
RESOLUTION 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 PURCHASE ORDER IN AN AMOUNT NOT TO EXCEED $59,398 TO TELSTAR
INSTRUMENTS TO REPLACE THE BACK-UP GENERATOR AT THE PUBLIC
WORKS CORPORATION YARD
WHEREAS, the city owns a generator at the Public Works Corporation Yard; and WHEREAS, the generator was found to be non-compliant by the Bay Area Air Quality Management District (BAAQMD) due to failed emissions testing resulting in fines; and
WHEREAS, the purchase order is for Telstar Instruments, to provide technical services to purchase and install a new backup generator. Telstar Instruments has provided Calistoga great quality electrical and programing services for over 20 years; and
WHEREAS, staff has reviewed the quote from Telstar Instruments and recommends that the City Council authorize the city manager to sign a purchase order to Telstar Instruments to complete this work; 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, the FY 24/25 Budget under Account No. 01-5673-4915, Replace Corp Yard Generator that has a balance of $65,000 in available funding. The $59,398 falls within the allotted budget.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY find the following:
1. Authorizes the City Manager to execute a purchase order in an amount not to exceed $59,398 to Telstar Instruments to remove and replace the standby generator at the Public Works Corporation Yard.
2. Approves the project budget of $59,398.
3. Waives any informalities or irregularities in Telstar Instruments Quote.
ATTACHMENT 1
Item #6.4.
Resolution 2024-XXX
PASSED, APPROVED AND ADOPTED this 20th day of AUGUST, 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 #6.4.
Contractor License #422364
Contractor DIR #1000000899
CONTROL SYSTEM INTEGRATION • INSTRUMENTATION SERVICES
SCADA/AUTOMATION • PLC/HMI • ELECTRICAL • CALIBRATION • MAINTENANCE 1717 Solano Way, Unit 34, Concord, CA 94520 Phone 925-671-2888, Fax 925-671-9507 4017 Vista Park Court, Sacramento, CA 95834 Phone 916-646-1999, Fax 916-646-1096 202 South Douty Street, Hanford, CA 93230 Phone 559-584-7116, Fax 559-584-8028
July 23, 2024
CALISTOGA WWTP
Sent via Email: [email protected]
Attn: Derek Rayner
Subject: Calistoga Office Generator Replacement R1
Reference: SR#30-41791
Drawings: N/A
Specifications: N/A
Dear Derek,
Telstar Instruments (“Telstar”) is pleased to provide a quote for the referenced project to the above identified purchaser (“Customer”).
By accepting this proposal from Telstar, you agree to treat this as confidential information.
SCOPE OF SUPPLY/SERVICES
1. Disconnect and remove existing generator.
a. Generator to be set aside onsite in location determined by the City for the City to dispose.
2. All gas piping, conduit, and wire to be reused. If it is determined that gas piping, conduit and wire are unusable, Telstar will notify the City and with approval perform work at time and materials.
3. Furnish and install new standby duty Generac SG035 natural gas generator 40KW, 1phase, 3 wire, 60Hz with weatherproof sound attenuated enclosure. a. Existing generator slab to be reused. Slab is assumed to be adequate for installation.
For an additional cost Telstar can provide engineering services to verify slab is suitable. b. Generac limited generator warranty for 2 year or 2000hrs (whichever occurs first) included from date of commissioning.
4. Commissioning of new Generator is included.
5. Existing Automatic Transfer switch will be reused.
6. Telstar assumes construction demolished materials and scraps can be disposed onsite otherwise disposal fees will be charged cost + 10% markup.
ATTACHMENT 2
Item #6.4.
Contractor License #422364
Contractor DIR #1000000899
CONTROL SYSTEM INTEGRATION • INSTRUMENTATION SERVICES
SCADA/AUTOMATION • PLC/HMI • ELECTRICAL • CALIBRATION • MAINTENANCE
7. Training is included and will be performed on the same day as commissioning by Generator Supplier.
Generator price.............................................................................................................................$33,210.00 Lump Sum Price for this Scope.............................................................................................$59,398.00 Shipping and Handling for Telstar Supplied Materials IS INCLUDED Sales Tax IS INCLUDED
This quotation is based on Customer’s representation that this is a prevailing wage project.
CLARIFICATIONS, EXCEPTIONS, AND EXCLUSIONS
a. Material price is valid for seven (7) days from date referenced on this quote (Refer to COVID clause RE: MATERIAL PRICING AND DELIVERY under Terms and Conditions) b. This quotation is based on the inclusion of Telstar’s standard Terms and Conditions as part of any purchase order, contract or other agreement.
c. Telstar’s quotation includes only those items listed above. Requests for additions/deletions from our scope will require a change in the quoted price. d. Permitting of any kind is excluded. The City is responsible for any permits. e. Bonding is excluded.
f. Engineering studies, drawings and calculations of any kind are excluded. g. Submittals excluded.
h. The City is responsible for site security.
i. Traffic control is excluded.
j. Fuel for testing/commissioning is excluded.
k. Telstar assumes no responsibility for performance, applicability, compatibility, start-up, testing, or acceptance of any equipment not furnished by Telstar under this proposal. l. Telstar supplies only equipment specified and noted above. m. No earthwork underground work, concrete, coring, or asphalt work is included in the quoted price.
n. Please reference the above stated quote number in all correspondence and purchase orders.
TERMS AND CONDITIONS
Base Terms: Quotation is valid for 30 days from the date of Telstar’s quotation. Payment is due and payable 30 days from date of invoice. If payment is not received by the 30th day, a .05% daily service charge (18-3/4% per annum) will be charged on all accounts past due. In the event of a dispute concerning payment, attorney's fees, court costs and costs of collection will be paid to the prevailing party. The cost for permits and bonding are excluded unless expressly referenced in Telstar’s quotation. Our standard insurance applies unless agreed to in writing by Telstar.
Telstar’s standard one year parts only warranty applies to this quotation. All other warranties, express or implied, or Item #6.4.
Contractor License #422364
Contractor DIR #1000000899
CONTROL SYSTEM INTEGRATION • INSTRUMENTATION SERVICES
SCADA/AUTOMATION • PLC/HMI • ELECTRICAL • CALIBRATION • MAINTENANCE
referenced elsewhere in contract documents are excluded, including but not limited to implied warranties of merchantability or fitness for purpose. Unless expressly stated in Telstar’s estimate, this quote is based on standard straight time hours and does not include any prevailing wage rates. The price quoted herein is for the labor and materials specifically listed within the body of this quote. Service calls are charged at a 4-hour minimum per person, excluding travel time. Unless expressly stated in the quotation, training, operation and maintenance manuals, and preparation of as built drawings are excluded from Telstar’s scope of work.
Limitation of Liability: (a) In no event shall Telstar, its suppliers or subcontractors be liable for special, indirect, incidental or consequential damages, whether in contract, warranty, tort, negligence, strict liability or otherwise, including, but not limited to, loss of profits or revenue, loss of use of the Equipment or any associated equipment, cost of capital, cost of substitute equipment, facilities or services, downtime costs, delays, and claims of customers of Customer, its officers, directors, members employees or any third parties for any damages. Telstar’s liability for any claim whether in contract, warranty, tort, negligence, strict liability, or otherwise for any loss or damage arising out of, connected with, or resulting from this Agreement or the performance or breach thereof, or from the design, manufacture, sale, delivery, resale, repair, replacement, installation, technical direction of installation, inspection, operation or use of any equipment covered by or furnished under this Agreement, or from any services rendered in connection therewith, shall in no case exceed twenty-five percent (25%) of the purchase price allocable to the Equipment, part or Services that is the subject of the claim. (b) All causes of action against Telstar Instruments arising out of or relating to this Agreement or the performance or breach hereof shall are deemed barred unless brought within one year from the date of discovery or other accrual. (c) In no event, regardless of cause, shall Telstar Instruments be liable for liquidated damages, offsets or penalties of any kind or to indemnify, defend or hold harmless Customer, its officers, directors, members, employees or any third party, arising from or related to the Equipment and/or Services provided by Telstar.
Force Majeure: Telstar shall neither be liable for loss, damage, detention or delay nor be deemed to be in default for failure to perform when prevented from doing so by causes beyond its reasonable control including but not limited to acts of war (declared or undeclared), Acts of God, fire, strike, labor difficulties, acts or omissions of any governmental authority or of Customer, compliance with government regulations, insurrection or riot, embargo, delays or shortages in transportation or inability to obtain necessary labor, materials, or manufacturing facilities from usual sources or from defects or delays in the performance of its suppliers or subcontractors due to any of the foregoing enumerated causes. In the event of delay due to any such cause, the date of delivery will be extended by period equal to the delay plus a reasonable time to resume production, and the price will be adjusted to compensate Telstar Instruments for such delay.
Cancellation: In the event of cancellation by Customer, Customer agrees to fully reimburse and compensate Telstar for all costs associated with this Quotation or subsequent order, including but not limited to engineering, labor, materials, quote and estimating time, and product return fees, plus a ten percent (10%) markup to compensate for disruption in scheduling, planned production, indirect costs and profit. Payment for cancellation shall be due within ten (10) days from the date of submission of charges by Telstar.
Entire Agreement: This Quotation constitutes the entire agreement between Telstar and Customer. There are no agreements, understandings, restrictions, warranties, or representations between Telstar and Customer other than those set forth herein or herein provided. This Quotation may only be amended, changed or revised by a written amendment signed by an authorized representative of Telstar. No oral or implied agreements shall be of any force or affect.
Precedence: In the event Telstar is issued an authorization for work, Purchase Order, Contract or similar Agreement with conflicting Terms and Conditions than those set forth herein, these Terms and Conditions will take precedence and will supersede any and all other conflicting Terms and Conditions.
Submittals: In the event Telstar receives a Notice to Proceed or a written statement to proceed with submittals, Telstar will be entitled to compensation based on percent of completion of submittal cost to Customer. Telstar will prepare only one set of submittals, and any resubmittals shall be subject to an additional charge for engineering time and other costs in preparing re-submittals.
Item #6.4.
Contractor License #422364
Contractor DIR #1000000899
CONTROL SYSTEM INTEGRATION • INSTRUMENTATION SERVICES
SCADA/AUTOMATION • PLC/HMI • ELECTRICAL • CALIBRATION • MAINTENANCE
Prevailing Wages: Telstar relies upon Customer’s representations as to whether this Project requires payment of prevailing wages. Customer agrees to defend, indemnify and hold Telstar harmless from and against any and all claims, actions and demands, including but not limited to payment of legal fees, fines, back pay, and any penalties or interest, associated with Customer’s inaccurate representation of whether prevailing wages are required to be paid.
TELSTAR’S COVID AND INDUSTRY CLAUSE RE: MATERIAL PRICING AND DELIVERY: Telstar is unable to hold prices on materials for more than 7 days. Prices for plastic, copper, steel, and other commodities fluctuate daily. Our vendors and manufacturers are experiencing unprecedented delays due to COVID-19 staffing, a shortage of containers, port congestion, and raw material shortages that have extended lead times significantly. Telstar reserves the right to amend the delivery date and the price of materials set forth in this quotation. Telstar considers any of the above related changes imposed by our vendors and manufacturers as outside its reasonable control and subject to Force Majeure provisions.
We look forward to working with you on this project. If you have any questions, please contact me at the phone number below.
Sincerely,
Byron Martyn
Senior Project Manager/Electrical Engineer, PE
Telstar Instruments
(925) 671-2888
Item #6.4.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Jed Matcham, Fire Chief
Meeting: City Council - Aug 20 2024
Subject: Acceptance of Office of Traffic Safety grant for $55,000.00 and Use of General Fund Reserves in the Amount of $28,094.77.
DESCRIPTION:
Consider and approve adopting a resolution to accept a grant in the amount of $55,000.00 from the California Office of Traffic Safety for the purchase of battery powered extrication tools, and make necessary General Fund budget adjustments to account for the remaining balance due.
RECOMMENDATION:
Consider Adopting the Resolution
Consider and approve acceptance of a grant in the amount of $55,000.00 from the California Office of Traffic Safety for the purchase of battery powered extrication tools, and make necessary General Fund budget adjustments to account for the remaining balance due of $28,094.77 from General Fund reserves.
BACKGROUND/SUMMARY:
On January 16, 2024, Council approved resolution 2024-001, authorizing the application for, and acceptance of a grant from the Office of Traffic Safety (OTS) for the replacement of outdated vehicle extrication tools ("jaws of life"). The resolution approved the application requesting a grant in the amount of $88,499.43. The grant application was submitted to OTS for the replacement of a complete set of hydraulic vehicle extrication tools, which also included updating the tools to battery powered tools.
On July 8, 2024, the city was notified that OTS has approved our grant application, but the approval is limited to $55,000.00. We have received an updated price quote for the extrication equipment package, which has resulted in a small decrease in the total cost. The new price quote for purchase of the extrication tools is a total expenditure of $83,094.77, and will require additional funding from the city in the amount of $28,094.77.
The fire department recommends the Council approve the resolution for reaffirmation of acceptance of the grant and approval of a budget Adjustment to purchase the extrication equipment. The budget adjustment will require an additional expense of $83,094.77 from the fire department equipment account (01-4117-4822). The Office of Traffic Safety will reimburse $55,000.00 of the equipment expense. General Fund reserves would be necessary for the remaining amount approaching $30,000.
ANALYSIS:
The hydraulic extrication tools used by CFD are 16 years old and approaching the end of life cycle for tools of this type. Extrication tools have improved dramatically over the years, and the new tools Item #6.5.
are more efficient, stronger, quicker, more reliable, and better for the environment. It is proven that the faster a patient is removed from the wreckage and transported to a hospital, the better the outcome for the patient.
This OTS grant provides an opportunity to cover a majority of the expense to replace our older "jaws of life," essentially "saving" (but unbudgeted) $55,000.00.
FINANCIAL IMPACT:
Approval of this resolution and acceptance of the grant will result in an expenditure of $83,094.77 from 01-4117-4822 and a reimbursement of $55,000.00 from the Office of Traffic Safety, for a net impact to the budget in the amount of $28,094.77 coming from General Fund reserves.
CEQA STATUS:
Not Applicable
ATTACHMENT(S):
OTS Grant Acceptance RESOLUTION
EM25003 Draft Grant Agreement - Second
APPROVAL(S):
Connie Cardenas, Admin. Services Director Approved - Aug 09 2024 Laura Snideman, City Manager Approved - Aug 12 2024
Yudiana Galvan, City Clerk Approved - Aug 13 2024
Item #6.5.
ATTACHMENT 1
RESOLUTION NO. 2024-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY
OF NAPA, STATE OF CALIFORNIA, THE ACCEPTANCE OF A CALIFORNIA
OFFICE OF TRAFFIC SAFETY EMERGENCY MEDICAL SERVICES GRANT TO
PARTIALLY FUND THE PURCHASE OF NEW EXTRICATION TOOLS AND
APPROVAL OF A BUDGET ADJUSTMENT TO ALLOCATE THE NECESSARY
FUNDING FOR THE PURCHASE
WHEREAS, the mission of the Calistoga Fire Department is to provide those services to the residents and visitors of greater Calistoga which protect their lives, property and environment from fires, medical emergencies, hazardous materials incidents and disasters; and
WHEREAS, on January 16, 2024, Council approved the application and acceptance of a grant through the California Office of Traffic Safety for the replacement of the fire department’s outdated vehicle extrication tools (“Jaws of Life”); and WHEREAS, the fire department’s hydraulic extrication tools are 16 years old and are approaching the end of their useful life; and
WHEREAS, replacing the extrication tools with new, more efficient, more reliable, and environmentally responsible tools will cost $88,499.43; and WHEREAS, the fire department budget cannot support an additional expense of $88,499.43; and
WHEREAS, The California Office of Traffic Safety Emergency Medical Services grant program can cover $55,000.00 of the cost of the extrication tools; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Calistoga as follows: That the Calistoga City Council hereby reaffirms the acceptance of the California Office of Traffic Safety Emergency Medical Services grant in the amount of $55,000.00. Further, that the Calistoga City Council approves a budget expenditure adjustment to account 01-4117-4822 in the amount of $88,499.43 to cover the purchase of new extrication tools and additional budget adjustments as necessary including to the General Fund reserves. The Office of Traffic Safety grant will reimburse the city in the amount of $55,000.00.
PASSED, APPROVED AND ADOPTED this 20th day of August 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 vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Item #6.5.
ATTEST: APPROVED:
Yudiana Galvan, CMC, City Clerk Donald Williams, Mayor
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State of California – Office of Traffic Safety
GRANT AGREEMENT
GRANT NUMBER
EM25003
1. GRANT TITLE
Regional Crash Response and Extrication Improvement Program
2. NAME OF AGENCY 3. Grant Period
Calistoga From:
To:
10/01/2024
09/30/2025 4. AGENCY UNIT TO ADMINISTER GRANT
Calistoga Fire Department
5. GRANT DESCRIPTION
The city/county/regional fire agency will improve their crash response and extrication times by purchasing extrication equipment. Best practice strategies will be used to reduce the response time for the arrival of appropriate extrication equipment to traffic crash scenes and the time to extricate the victims of traffic crashes, thus increasing survivability. The grant will provide funding for new equipment and training for fire departments without extrication equipment or those that have existing equipment that has reached the end of its usable lifespan and is in need of replacement.
6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $55,000.00
7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
Schedule A – Problem Statement, Goals and Objectives and Method of Procedure Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable) Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable) Exhibit A – Certifications and Assurances
Exhibit B* – OTS Grant Program Manual
Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.
These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.
We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Jed Matcham
Fire Chief
[email protected]
(707) 942-2822
1232 Washington Street
Calistoga, CA 94515
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Laura Snideman
City Manager
[email protected]
(707) 942-2806
1232 Washington Street
Calistoga, CA 94515
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Connie Cardenas
Administrative Services Director
[email protected]
(707) 942-2803
1232 Washington Street
Calistoga, CA 94515
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Barbara Rooney
Director
[email protected]
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)
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10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED
EXPENDITURES
AGREEMENT
TOTAL $55,000.00
AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$55,000.00
PRIOR AMOUNT ENCUMBERED FOR THIS
AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $55,000.00
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM #:
REGISTERED
ADDRESS:
CITY:
ZIP+4:
MHQLJLV7CAB3
1232 Washington St
Calistoga
94515-1440
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule A
GRANT NUMBER
EM25003
1. PROBLEM STATEMENT
The City of Calistoga is located at the North end of the Napa Valley, approximately 80 miles North of San Francisco. Calistoga is well known for its many spas and hot springs. Calistoga is a Tourist Oriented Community. The City population is approximately 5,028 (census.gov), with visitors pushing that number up to 10,000 or more on week-ends and during the tourist season. The City of Calistoga operates under the council-manager form of government. The City Council consists of five members including the Mayor. The City Manager serves under the direction of the City Council. Operating departments include Planning and Building, Public Works, Police, Fire, and Administrative Services.
The City of Calistoga Fire Department (CFD) is a 1-station, municipal fire department in a rural area with high speed, narrow, curvy roadways that result in a high number of vehicle crashes each year. CFD is a Basic Life Support (BLS), full-service fire and rescue response provider, with a first-due response area of approximately 56 square miles, including our own municipality (2.6 square miles) plus approximately 53 additional square miles of contracted area in the northern Napa County area. CFD is responsible for responding to vehicle crashes along Hwy 29, Hwy 128, Silverado Trail, Petrified Forest Rd., and other narrow, curvy, cliff-side roads within Napa and Sonoma Counties, as the primary rescue and emergency medical providing agency.
In a city that derives more than 65% of its revenue from transient occupancy taxes, Calistoga has experienced fiscal challenges, especially during and after the pandemic. The reduction in tourism has had an impact on the transient occupancy taxes, which still have not recovered to pre-pandemic levels. Due to the years of budget challenges, CFD has not been able to replace the aging extrication tools in their inventory. CFD currently has hydraulic extrication tools that were originally purchased in 2006. With these tools being close to 20 years old, the reliability of the tools has been questionable, with the gas-powered hydraulic pumps failing to start on multiple occasions and the tools not being engineered to handle today’s high-strength composite materials used in vehicle construction. Our current extrication tools are no longer sufficient to provide satisfactory extrication capabilities on newer, stronger vehicles. Due to the continued budgetary challenges, CFD is unable to fund the purchase of new, lightweight, more capable, and environmentally friendly extrication tools to appropriately resolve extrication issues with today's stronger vehicles.
This grant will serve the citizens of the City of Calistoga and Napa County, as well as the hundreds of thousands of visitors to the area. The Napa County area, and the City of Calistoga, are frequented by locals and tourists that come from all walks of life. Many of the vehicles we see in the area are new, luxury vehicles, which are built with materials that are much stronger than materials used in the past. By providing new, more capable extrication equipment, CFD will be able to reduce the amount of time spent on extrication of victims from vehicle crashes. This will result in a shorter time from the crash to the patient arriving at the hospital, which has been proven to create better outcomes for trauma victims. These new extrication tools will also be powered by battery packs, instead of using a gasoline powered hydraulic pump.
Battery power results in not only higher performing tools, but also is responsible for lower emissions due to eliminating the need for the use of the gasoline powered pump.
2. PERFORMANCE MEASURES
A. Goals:
1. Reduce the number of persons killed in traffic crashes.
2. Reduce the number of persons injured in traffic crashes.
3. Decrease the average extrication time, from the time of arrival at the crash site to transport.
B. Objectives: Target Number
1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 7 days prior to the issuance date of the release.
1 Item #6.5.
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2. Purchase and place fully equipped extrication systems in strategic locations within the jurisdiction.
1 3. Train firefighters in the use of the new equipment. 12
4. Conduct traffic safety presentations with an effort to reach persons and communities.
2 5. Display the OTS funded equipment during Public Safety Fairs, community festivals and/or other Department or community events.
2 6. Report on the number of times the grant-funded equipment is used during an extrication, provide a brief overview of the incident and indicate if the equipment was used to save a life.
1 7. Station 19 - Decrease the average extrication time, from the time of arrival at the crash site to transport, from 35 minutes to 20 minutes. 20 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year) Determine specific equipment requirements.
Request equipment vendor price quotation for the required equipment per host agency requirement.
Submit purchase orders to equipment vendors for purchase of the equipment.
Media Requirements
Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS grant coordinator and OTS PIO.
B. Phase 2 – Program Operations (Throughout Grant Year) Inventory the new equipment following delivery.
Disperse equipment to identified recipient agencies.
Plan a media event announcing the grant funded equipment. Recipient agencies will identify training needs and objectives and coordinate instructional staff to conduct a high quality training program for their respective agency. Recipient agencies will develop a preventive maintenance schedule for the new equipment following manufacturers’ recommendations.
Media Requirements
The following requirements are for all grant-related activities:
Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
Send all Powerpoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process.
The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator. Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.
However, copy the OTS PIO at [email protected] and your OTS grant coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS grant coordinator. Optimum lead time would be 7 days prior to the Item #6.5.
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scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your OTS grant coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email. Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS grant coordinator for approval prior to the production or duplication. Use the following standard language in all press, media, and printed materials, space permitting:
Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo. Email the OTS PIO at [email protected] and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.
If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grantrelated event or program. Media and program highlights are to be reflected in QPRs. Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year. For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and OTS Grants Media Approval Process FAQs on the OTS website. Contact the OTS PIO or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted.
C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)
1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)
2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
Collect and report quarterly, appropriate data that supports the progress of goals and objectives. Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
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Collect, analyze and report statistical data relating to the grant goals and objectives.
4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.
5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule B
GRANT NUMBER
EM25003
FUND NUMBER CATALOG
NUMBER (CFDA)
FUND DESCRIPTION TOTAL AMOUNT
402EM-25 20.600 State and Community Highway
Safety
$55,000.00
COST CATEGORY FUND
NUMBER
UNIT COST OR
RATE
UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
$0.00
Category Sub-Total $0.00
B. TRAVEL EXPENSES
$0.00
$0.00
Category Sub-Total $0.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
Fully Equipped Extrication System 402EM-25 $55,000.00 1 $55,000.00 Category Sub-Total $55,000.00
E. OTHER DIRECT COSTS
$0.00
Category Sub-Total $0.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $55,000.00
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule B-1
GRANT NUMBER
EM25003
BUDGET NARRATIVE
PERSONNEL COSTS
-
TRAVEL EXPENSES
-
CONTRACTUAL SERVICES
-
EQUIPMENT
Fully Equipped Extrication System - Fully equipped extrication systems are generally comprised of a hydraulic pump, fluid, hoses, control valves, and hydraulically actuated spreaders and cutters used primarily for vehicle extrication incidents as well as edraulic tools. It includes every piece of extrication equipment, modifications, attachments, accessories, and auxiliary apparatus necessary to make it usable for the purpose it was acquired, and costs $5,000 or more (including tax, shipping, and installation).
OTHER DIRECT COSTS
-
INDIRECT COSTS
-
STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Exhibit A
GRANT NUMBER
EM25003
Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following:
GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended; Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58; 23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs; 2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); 28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federallyfunded or not); Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and LowIncome Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);
Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP));
Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation).
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The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.
GENERAL ASSURANCES
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.” The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.
SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:
1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.
2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”
3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in every contract or agreement subject to the Acts and the Regulations.
4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.
5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.
6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.
7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.
8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property.
9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.
10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.
Item #6.5.
8/19/2024 8:25:25 AM Page 11 of 15
By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.
The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.
THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:
1. The dangers of drug abuse in the workplace;
2. The grantee's policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation, and employee assistance programs;
4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;
5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—
1. Abide by the terms of the statement;
2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction;
e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—
1. Taking appropriate personnel action against such an employee, up to and including termination;
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.
POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.
CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; Item #6.5.
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2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;
3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)
INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)
1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.
4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.
6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.
7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or Item #6.5.
8/19/2024 8:25:25 AM Page 13 of 15
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
(https://www.sam.gov/).
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS—
PRIMARY TIER COVERED TRANSACTIONS
1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.
2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.
INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or Item #6.5.
8/19/2024 8:25:25 AM Page 14 of 15
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION—
LOWER TIER COVERED TRANSACTIONS
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.
CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)
GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:
1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.
2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.
Item #6.5.
8/19/2024 8:25:25 AM Page 15 of 15
DISCLOSURE REQUIREMENTS
No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:
1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.
2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.
3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.
PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.
POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.
POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving companyowned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.
Item #6.5.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Yudiana Galvan, City Clerk
Meeting: City Council - Aug 20 2024
Subject: Revising the City's Conflict of Interest Code
DESCRIPTION:
Consider adopting a resolution to rescind Resolution No. 2020-27and adopt a revised Conflict of Interest Code
RECOMMENDATION:
Consider Adopting the Resolution
BACKGROUND/SUMMARY:
The California Political Reform Act, (Gov. Code Sections 81000-91014) requires many local public officials and employees to file public, personal financial disclosure reports known as Statements of Economic Interests - FPPC Form 700.
Under the Act, cities are required to adopt and implement a separate Conflict of Interest Code, which is to be updated and adopted every 2 years. Designated Employees, Commissioners, and Elected Officials must file Statements of Economic Interests. The designated filers and the types of economic interests they must disclose are listed in the City of Calistoga's Conflict of Interest Code.
ANALYSIS:
The City's current Conflict of Interest Code was adopted on April 21, 2020 by resolution No. 2020-27 (Attachment 1) and is overdue for updating. Specifically, there are some new positions that may need to be added as a designated position. The ATAC Committee has long been required to file economic interest forms. However, the other advisory committees share in the same duties and should also be required to file economic interest forms. Green Committee and Housing Committee have the potential to recommend or influence the amending or adoption of ordinances that affect their very own neighborhoods or businesses and thus should report economic interests.
The following titles and committees are not presently listed in the Code and have been determined to be participants in governmental decision-making and will be included:
Assistant City Manager
Deputy City Manager
Deputy Finance Director
Fairgrounds Revitalization Director
Housing Advisory Committee
Green Committee
FINANCIAL IMPACT:
None
Item #6.6.
CEQA STATUS:
No Impact
ATTACHMENT(S):
Draft Reso Conflict of Interest (1)
APPROVAL(S):
Connie Cardenas, Admin. Services Director Approved - Aug 07 2024 Laura Snideman, City Manager Approved - Aug 13 2024
Yudiana Galvan, City Clerk Approved - Aug 13 2024
Item #6.6.
RESOLUTION NO. XXXX
ADOPTED XXXXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA,
COUNTY OF NAPA, STATE OF CALIFORNIA, RESCINDING
RESOLUTION 2020-27 AND ADOPTING A REVISED CONFLICT OF
INTEREST CODE.
WHEREAS, pursuant to California Government Code commencing with Section 87300, the City Council is required to adopt and promulgate a Conflict of Interest Code (“Code”); and
WHEREAS, pursuant to Government Code Section 87302, the Conflict of Interest Code shall provide for specific enumeration of the positions within the City, other than those specified in Government Code Section 87200, which involve the making or participation in the making of decisions which may foreseeably have material effect on any financial interest and for each such enumerated position, the specific types of investments, business position interests in real property and sources of income which must be reported; and
WHEREAS, the Fair Political Practices Commission (“FPPC”) has adopted a regulation (Fair Political Practices Commission, Title 2, Div 6, California Code of Regulations Section 18730), which contains the terms of a standard conflict of interest code, which can be incorporated by reference and which may be amended by the FPPC to conform to amendments in the Political Reform Act; and WHEREAS, the City has previously incorporated by reference the FPPC’s standard conflict of interest code in the City’s Conflict of Interest Code; and WHEREAS, incorporation by reference of the terms of the aforementioned regulation and amendments thereto in the Conflict of Interest Code of the City will save the City Council time and money by minimizing the actions required of that body to keep its Code in conformity with the Political Reform Act; and WHEREAS, the Political Reform Act requires review of the Conflict of Interest Code every two years to determine whether it is accurate or should be amended; and WHEREAS, the Council has appointed advisory committees to help research, recommend, and advise on items of municipal concern to aid in their governmental decision-making and should be added to the Conflict of Interest Code as a Designated Position; and
WHEREAS, the Housing Committee, the Green Committee, the Assistant City Manager, Deputy City Manager, Deputy Finance Director and Fairgrounds Revitalization Director are not presently listed in the Code, therefore an amendment reflecting the addition of the Designated Positions (Appendix A) shall be submitted to the code reviewing body; and
Item #6.6.
Resolution No. 2024-XXX
WHEREAS, the City desires to update its current Conflict of Interest Code to revise the list of designated positions and disclosure categories.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE
CITY OF CALISTOGA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Resolution No. 2020-027 adopted April 21, 2020, is hereby rescinded.
Section 2. The terms of 2 California Code of Regulations, Section 18730 and any and all amendments to it adopted by the Fair Political Practices Commission, as well as the attached Appendices A & B in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference. This Resolution, together with Appendices A & B, shall constitute the Conflict of Interest Code of the City of Calistoga.
Section 3. Designated employees and committee members shall file Statements of Economic Interests (Form 700) with the City Clerk, to whom the City Council hereby designates the authority to carry out the duties of the Filing Officer.
Section 4. The effective date of this Code shall be the date this Code is originally approved and adopted by the City Council.
Section 5. Statements of Economic Interest shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the City of Calistoga.
PASSED, APPROVED AND ADOPTED this 20th day of August 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 #6.6.
Resolution No. 2024-XXX
APPENDIX A
DESIGNATED POSITIONS DISCLOSURE CATEGORIES
Active Transportation Advisory Committee 1, 2
Administrative Services Technician 5, 6
Assistant City Manager 1, 2
Associate Planner 3, 4, 5, 6
Associate Engineer 3, 4, 5, 6
Building Official 3, 4, 5, 6
Chief Wastewater Plant Operator 5, 6
City Clerk 1, 2
Consultants/New Positions* 1, 2
Deputy City Manager 1, 2
Deputy Finance Director 1, 2
Deputy Public Works Director 1, 2
Fairgrounds Revitalization Director 1, 2
Fire Captain 1, 2
Fire Chief 1, 2
Green Committee 1,2
Housing Advisory Committee 1,2
Maintenance Superintendent 3, 4, 5, 6
Parks & Recreation Director 1, 2
Planning & Building Director 1, 2
Police Chief 1, 2
Public Works Director/City Engineer 1, 2
Senior Accounting Assistant 5, 6
Senior Civil Engineer 1, 2
Senior Planner 3, 4, 5, 6
Senior Planner/Assistant to the City Manager 3, 4, 5, 6 Utility Systems Superintendent 3, 4, 5, 6
Item #6.6.
Resolution No. 2024-XXX
GOVERNMENT SECTION 87200 FILERS
The following positions are not covered by this Conflict of Interest Code because they file under Government Code Section 87200** and, therefore, are listed for informational purposes only:
1. City Council
2. Planning Commission
3. City Manager
4. City Attorney
5. Administrative Services Director/City Treasurer
Individuals holding one of these positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination as to whether a position is covered by Government Code Section 87200. * Individuals providing services as a Consultant as defined in Title 2 California Code of Regulations sections 18700.3 and 18734 or in a new position as defined in Regulation 18734 that make or participate in making governmental decisions shall disclose pursuant to the broadest disclosure category in this Code subject to the following limitation:
If the new position or consultant performs limited duties, the agency may tailor the disclosure requirements to the duties performed. The City Manager (or designee) may determine in writing that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement.
a. Not later than ten (10) days after the final approval of a newly created position, the department manager (or designee) shall submit to the Clerk a completed Fair Political Practices Commission Form 804 (Agency Report of New Positions), or subsequent form, which identifies the classification and disclosure categories. The City Manager (or designee) will review the department’s recommendation and make the final determination. The City Manager (or designee) determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.
b. Not later than ten (10) days after an authorized City representative has signed a consultant contract, the department manager (or designee) shall submit to the Clerk a completed Fair Political Practices Commission Form 805 (Agency Report of Consultants), or subsequent form, which identifies the consultant and disclosure categories. The City Manager (or designee) will review the department’s recommendation and make the final determination. The City Manager (or designee) determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.
** Government Code Section 87200 is applicable to “members of planning commissions…. mayors, city managers, city attorneys, city treasurers, chief administrative officers and members of city councils of cities and other public officials who manage public investments.…” Item #6.6.
Resolution No. 2024-XXX
APPENDIX B
DISCLOSURE CATEGORIES
The “designated employee” disclosing investments and sources of income need only disclose investments in businesses and sources of income which do business in the City of Calistoga (City), plan to do business in the City or have done business in the City within the past two years. In addition to other activities, a business entity is doing business within the City if it owns real property within the City.
When a “designated employee” is disclosing interests in real property, the employee need only disclose the interest in real property which is located in whole or part within or not more than two miles outside the boundaries of the City or within two miles of any land owned or used by the City.
Designated employees shall disclose their financial interests pursuant to the appropriate disclosure category as indicated in Appendix A.
Category 1: All investments and sources of income.
Category 2: All interests in real property.
Category 3. All investments, interests in real property, and sources of income subject to the regulatory, permit, or licensing authority of the department.
Category 4: Investments in business entities and business positions and sources of income which engage in land development, construction, or the acquisition or sale of real property.
Category 5: Investments in business entities and business positions and sources of income of the type which, within the past two years, have contracted with the City of Calistoga to provide services, supplies, materials, machinery, or equipment.
Category 6: Investments in business entities and business positions and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery, or equipment.
Item #6.6.
Saint Helena, CA 94574
unv.bluezonesproject.com
August 20th, 2024
Mayor Donald Williams
Calistoga City Council
Calistoga, CA 94515
Dear Mayor Williams & Councilmembers:
Re: Calistoga’s proposed Tobacco Retail License ordinance Blue Zones Project Upper Napa Valley supports the City’s adoption of a Tobacco Retail Licensing (TRL) program to regulate the sale and distribution of tobacco products.
Tobacco is the only consumer product that kills when used as intended, is highly addictive, and most people who smoke become addicted as children. A comprehensive TRL will reduce access to the products that are the tobacco industry’s key strategy for targeting and addicting new smokers.
The tobacco industry is actively and aggressively working to addict new young people, particularly those from communities of color, with flavored tobacco products. They know that flavors like grape, mint (menthol), cotton candy, bubble gum and gummy bears mask the harsh taste of tobacco and are highly appealing to youth. While the State of California enacted a ban on the sales of flavored tobacco products in 2022, there has been no mechanism for local enforcement of that ban. The 2009 Family Smoking Prevention and Tobacco Control Act specifically permits states and localities to prohibit sales of whole classes of tobacco products.
Tobacco use in any form remains the single largest preventable cause of disease and premature death and is directly responsible for one in five deaths nationally. Vaping represents a serious threat to the immediate and long-term health of young people, including hospitalization, permanent lung damage, and even death. In addition, teens who use e-cigarettes are more likely to progress to smoking cigarettes in the future, with all the health risks this entails. In 21/22, 19% of Calistoga Joint Unified School District 11th grade students reported ever using a vape product and only 29% perceived vaping occasionally to be harmful.
Changes in public policy are among the most effective approaches to achieve optimal health outcomes for residents. Blue Zones Project Upper Napa Valley strongly urges you to consider adopting a tobacco retail license (TRL) ordinance that includes a Item #7.1.
unv.bluezonesproject.com
ban on flavored tobacco and e-cigarette sales and is consistent with TRLs implemented by other nearby jurisdictions including the cities of Healdsburg, Sebastopol, Sonoma, and Windsor as well as the County of Sonoma. Thank you for protecting and championing the lifelong health of today’s Calistoga youth.
Thank you for your consideration.
Sincerely,
Kelly Bond
Public Policy Advocate
Item #7.1.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Greg Desmond, Planning and Building Director
Meeting: City Council - Aug 20 2024
Subject: Discussion of Mobile Food Vending Ordinance CMC Chapter 5.12 Mobile Food Vendors.
DESCRIPTION:
Council discussion and direction to staff regarding the City of Calistoga Municipal Code Chapter
5.12 Mobile Food Vendors.
RECOMMENDATION:
Discuss and provide direction to staff regarding the City of Calistoga Municipal Code Chapter 5.12 Mobile Food Vendors.
BACKGROUND/SUMMARY:
The ordinance commonly referred to as the "food truck" ordinance was adopted by the City Council on August 15, 2023 after discussions at prior council meetings and was implemented in September of 2023. Multiple city council discussions ensued and multiple modifications to the program and the ordinance have been made since that time. At their meeting on June 11, 2024, the City Council requested that staff bring the Mobile Food Vending item back to the City Council for further discussion, particularly around the allowable location(s) of the trucks.
ANALYSIS:
Currently, Chapter 5.12 Mobile Food Vendors limits mobile food vending to the Community Commercial (CC) and Light Industrial (I) districts.
Since its adoption, the City Council has revisited the Mobile Food Vendor Ordinance several times.
The focus of these discussions has been specific to the locational requirements for this use and how to provide locations which are equitable for each permittee, are convenient to customers and minimize impacts to adjacent uses and/or the community.
On June 11, 2024, the City Council requested that staff bring this item back for further consideration.
During the city council meeting staff will present additional analysis and recommendations regarding the program and the ordinance including location options.
FINANCIAL IMPACT:
Staff time from Planning & Building and the Police Department and city attorney time for review of the ordinance as necessary have been incurred and will continue to do so including for program and ordinance modifications, implemenation and code enforcement measures as necessary.
Item #8.1.
CEQA STATUS:
This action does not meet the definition of a “project” under the California Environmental Quality Act (CEQA).
APPROVAL(S):
Connie Cardenas, Admin. Services Director Approved - Aug 12 2024 Laura Snideman, City Manager Approved - Aug 12 2024
Yudiana Galvan, City Clerk Approved - Aug 12 2024
Item #8.1.
1 Yudiana Galvan
From: Stephen Patel
Sent: Tuesday, August 20, 2024 11:41 AM
To: Public Comment
Subject: 8/20/24 Council Meeting, Agenda Item 8.1 - Mobile Food Vendors 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 Calistoga City Council Members,
Thank you for directing staff to take another look at the current mobile food truck ordinance. While we strongly support having food trucks in Calistoga, we must formally request the removal of Brannan Street as an allowable location.
Our property, Best Western Plus Stevenson Manor, is located at 1830 Lincoln Avenue. All access to our property is via Brannan Street. The Cortez family has been operating the Tacos La Fiesta food truck at Brannan Street since its relocation from Wappo Avenue.
I would first like to mention that they have been very understanding of our challenges and eager to work with us to help alleviate issues. They have also expressed that the Brannan Street location is not a desirable location for their operation.
While it's our understanding there have been issues at all of the current locations, I would just like to outline the items related to Brannan Street.
1. Approximately two thirds of the allowable Brannan Street area sits directly in front of hotel guest rooms
2. The final one third of this area sits directly in front of our hotel entrance/arrival
3. Vehicular traffic safety is compromised due to restricted road views I am happy to provide more context regarding each of these items if needed, but ultimately Brannan Street is a poor location for a food truck operation as all allowable locations impact our hotel guests, as well as traffic safety (specifically with entering our parking lot).
Sincerely,
Stephen Patel
Item #8.1.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Rachel Melick, Parks & Recreation Director
Meeting: City Council - Aug 20 2024
Subject: Request for a Waiver of City Fees Related to the Halloween Parade Road Closures.
DESCRIPTION:
Consider adopting a Resolution to Waive City Fees related to the Halloween Parade Road Closures.
RECOMMENDATION:
Consider Adopting the Resolution
BACKGROUND/SUMMARY:
The Halloween Parade is an annual pedestrian parade on October 31 beginning at Cedar Street and Lincoln Avenue, continuing along Lincoln Avenue ending at Fair Way. Records indicate the parade was sponsored by the Lion's Club from 2011 to 2019. In 2020 the parade was canceled due to Covid restrictions, and in 2021 the parade returned sponsored by Celebrate! Napa Valley.
Through 2023 the road closure was handled as a rolling closure where the parade participants followed a police escort and patrol cars closed side streets. This eliminated the need for a Caltrans permit, was handled internally with on-duty police staff and did not require additional city staff or materials. However, following 2023's event, staff recognized the need for a full closure with a Caltrans encroachment permit due to the event size and subsequent safety concerns. Celebrate! Napa Valley is interested in sponsoring the parade by paying the Caltrans encroachment permit fee and supplying the necessary insurance coverage but is requesting a waiver of city fees related to road closures.
ANALYSIS:
At the March 19, 2024 City Council meeting staff brought an item authorizing the Public Works Department to apply for Encroachment Permits from Caltrans to close Lincoln Avenue for a series of events. This included:
Celebrate Napa Valley 4th of July Parade................................... July 4 Chamber of Commerce Harvest Table Event.............................Sept 8 Calistoga High School Annual Homecoming Parade.................October 4 Calistoga Halloween Parade ......................................................October 31 Chamber of Commerce Holiday Tractor Parade........................December 7 Our Lady of Perpetual Help Church Procession.........................December 11 The staff report stated that any expenditures from these events are invoiced back to the event sponsor. These include the Caltrans permit fee, city staff time, and materials associated with the road closures. Caltrans waives the permit fee if the closure occurs on a national holiday. Since the Item #8.2.
Homecoming Parade and the Church Procession are small in size and a short timeframe they are handled as rolling closures with on-duty police staff as escorts, no Caltrans permit is pulled, and no additional fees are incurred. The remaining events listed are large and impactful requiring full road closures with additional staffing and materials from Public Works, Police, and Fire for the Harvest Table event. Fees for those events over the past year are listed in the table below.
Event Public Works Fees Police
Fees Fire Fees Total Fees
4th of July 2024 $9,079.62 $6,429.50 N/A $15,509.12
Tractor Parade 2023 $7,619 $4,102.68 N/A $11,721.68
Harvest Table 2023 $6,662 $4,252 $638 $11,552.34
Although the Halloween parade is large enough to require a full road closure, it is significantly less impactful with a shorter timeframe than the events listed above resulting in lower city fees. Public Works estimates fees for the event are $2,243; the Police Department estimates fees for the event are $934. The Caltrans encroachment permit fee for the event is $972. Celebrate! Napa Valley will pay the $972 Caltrans fee, provide the necessary insurance coverage, but is requesting a fee waiver up to $3,177 to cover the city fees. Should there be a request in future years, these fees could increase based on a number of factors.
FINANCIAL IMPACT:
The cost to the city for waiving fees for the Halloween Parade is $3,177.
CEQA STATUS:
The recommended action is not a project and therefore not subject to CEQA review.
ATTACHMENT(S):
Fee Waiver Resolution
Celebrate! Napa Valley Request Letter
APPROVAL(S):
Connie Cardenas, Admin. Services Director Approved - Aug 07 2024 Laura Snideman, City Manager Approved - Aug 12 2024
Yudiana Galvan, City Clerk Approved - Aug 12 2024
Item #8.2.
ATTACHMENT 1
RESOLUTION NO. 2024-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY
OF NAPA, STATE OF CALIFORNIA, WAIVING CITY FEES FOR THE HALLOWEEN PARADE ROAD CLOSURES.
WHEREAS, the Halloween Parade is a popular community event that requires a full road closure of Lincoln Avenue and adjacent side streets; and WHEREAS, there are Public Works fees, Police fees, and a Caltrans encroachment permit fee for the road closures; and
WHEREAS, Celebrate! Napa Valley is interested in sponsoring the Halloween parade by paying the Caltrans encroachment permit fee of $972; and WHEREAS, staff provided fee estimates of $3,177 for road closures; and WHEREAS, Celebrate! Napa Valley is requesting a fee waiver for the $3,177 in fees; and
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Calistoga as follows: that the Calistoga City Council hereby authorizes the fee waiver of $3,177 for the road closures related to the Halloween parade.
PASSED, APPROVED AND ADOPTED this 20th day of August 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, CMC, City Clerk Donald Williams, Mayor
Item #8.2.
Calistoga City Council
C/O Rachel Stepp
City of Calistoga
1232 Washington Street
Calistoga, CA 94515
Dear City Council Members,
I hope this message finds you well. I am writing on behalf of Celebrate! Napa Valley, regarding this year’s Community Halloween Parade.
Last year there was an overwhelming show of community interest in the parade; demonstrating a strong desire to preserve this event, which has become a cherished tradition. We are kindly requesting the City of Calistoga consider covering City generated costs deemed necessary for the Halloween Parade.
These may include expenses related to street closures, traffic control, and any additional services required to ensure the safety and success of the event. C!NV will assume the cost of the Caltrans permit, and general liability insurance for the parade.
We would like to express our gratitude to the city for its support of this event last year and hope the city will continue to help support this beloved community tradition. Celebrate! Napa Valley will manage the event details, and work with the City to ensure a smooth and enjoyable event. As part of our commitment to making this parade a reality, we are happy meet at your convenience to further discuss partnership.
Thank you for considering our request, and for your ongoing support and commitment to our community. We look forward to partnering with the City of Calistoga to make this Halloween Parade a successful event.
Warm regards,
Maggie Maib –Program Director
Celebrate! Napa Valley/ Napa County Fair Association
Celebrating culture, community, and creativity.
Celebrate! Napa Valley’s
mission is to enrich our
community, preserve our
traditions, and cultivate
connection through the
celebration of our
heritage
and culture.
Community Programs
ENGAGE Art Fair
SARAFORNIA
County Fair & Fiesta
Napa Valley Olive Oil
Competition
Fourth of July Parade
Star-Spangled Social
Calistoga Halloween Parade
Calistoga Harvest Fair
Calistoga Christmas Faire
Board of Directors
Karan Schlegel, Chairperson
Rose Beck, Vice Chair
Steve Patel, Treasurer
Brenda Wild, Director
Bobbi Frioli, Director
Kim Wedlake, Director
Jamie Graff, Director
Maggie Maib, Staff
P.O. Box 796
Calistoga, CA 94515
(707) 403-5024
CelebrateNapaValley.org
A 501(c)3
charitable organization
TIN #94-6000185
Item #8.2.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Greg Desmond, Planning and Building Director
Meeting: City Council - Aug 20 2024
Subject: Discussion and Direction to Staff
DESCRIPTION:
Discussion and direction to staff regarding the City of Calistoga Municipal Code Chapter 17.58 Signs and Advertising Regulations.
RECOMMENDATION:
Discuss and provide direction to staff regarding the City of Calistoga Municipal Code Chapter 17.58 Signs and Advertising Regulations.
BACKGROUND/SUMMARY:
The city’s sign ordinance generally prohibits portable/A-frame signs and the planning and building department has a record of outreach to the business community regarding this prohibition.
In spite of the prohibition and messaging from city staff, there is evidence of these signs occurring in commercial districts throughout the community – primarily in the public right-of-way and, in some cases, not adjacent to the businesses in which the signs are promoting.
Calistoga’s commercial districts include city owned public rights-of-way, and, in the case of Lincoln Avenue, rights-of-way under Caltrans jurisdiction. However, the city has an existing agreement with Caltrans which allows the city to regulate and enforce signage within the Caltrans right-of-way along Lincoln Avenue.
The specific language of the sign ordinance in relation to portable/A-frame signs is outlined below:
Chapter 17.58, Section 17.58.020 provides a list of prohibited signs, which includes the following:
- Signs located off the premises they serve.
- Portable signs located in a public right-of-way.
Chapter 17.58, Section 17.58.060(9) provides the following language regarding portable commercial signs on private property:
a. Signs may be located on the property served by the sign. b. Signs shall be limited to 10 square feet and counted toward the aggregate sign area and number of business signs for the subject parcel.
c. Signs shall maintain sufficient pedestrian circulation consistent with the Americans with Disabilities Act and sufficient ingress and egress from a business entrance.
Item #8.3.
ANALYSIS:
The purpose of the City of Calistoga’s sign ordinance is as follows:
a. Provide standards for the regulation of signs in order to promote and protect public health, safety and welfare.
b. Provide for signage that effectively presents a business name or message for public convenience, while also preserving and enhancing the scenic beauty of Calistoga as an economic asset. c. Prevent excessive and confusing signs which can result in visual clutter and increase hazards to pedestrians and motorists.
There are multiple options which the council could explore regarding portable/A-frame signs.
However, the following are likely the most appropriate:
Option #1. Amend Chapter 17.58 of the Municipal Code to allow portable/A-frame signs in a manner which is consistent with the overall purpose of the ordinance.
Option #2. Develop a Downtown Directional Sign Program which would provide a mechanism for all business owners to have consistent, well-designed and constructed directional signage mounted to city owned and maintained permanent signs located in appropriate locations throughout the downtown area. The City of Healdsburg has successfully implemented such a program.
Option 1, while the easiest to implement, would have the most potential for negative impacts in terms of public health/safety, visual clutter and enhancing the scenic beauty of Calistoga. Option 2 would require significant time and resources to implement but would result in a program which is more consistent with the purpose of the sign ordinance.
FINANCIAL IMPACT:
Staff time plus addtional resouces depending on city council direction.
CEQA STATUS:
This action does not meet the definition of a “project” under the California Environmental Quality Act (CEQA).
APPROVAL(S):
Connie Cardenas, Admin. Services Director Approved - Aug 12 2024 Laura Snideman, City Manager Approved - Aug 12 2024
Yudiana Galvan, City Clerk Approved - Aug 12 2024
Item #8.3.