Mayor
Donald Williams
Vice Mayor
Irais Lopez-Ortega
Councilmembers
Lisa M. Gift
Scott Cooper
Kevin Eisenberg
AGENDA
City Council
Tuesday, January 14, 2025 - 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: 84818931973, 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.
1. CALL TO ORDER/ROLL CALL/PLEDGE OF ALLEGIANCE AND OPTIONAL PATRIOTIC
ACTIVITY
2. 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.
2.1. Public Comment - Unagendized (Page 5)
3. CITY MANAGER’S REPORT
4. PROCLAMATIONS/PRESENTATIONS/ AWARDS
5. CONSENT CALENDAR
5.1. Professional Services Agreement Amendment - Bureau Veritas Recommended Action: Consider Adopting the Resolution
Staff Report 24-202 - Professional Services Agreement Amendment - Bureau Veritas - Pdf (Page 6 - 33)
Staff Report 24-202 - Professional Services Agreement Amendment - Bureau Veritas - Html (Page )
ATTCH 1 CC Resolution amendment 3 (Page )
ATTCH 2 CC agreement amendment 3 (Page )
ATTCH 3 CC agreement amendment 3 scope and fees (Page )
5.2. 1. Consideration of a Resolution Approving the Maintenance of Effort was met for Fiscal Year 2023/24 Under the Measure T Program.
2. Consideration of a Resolution Approving Certification of Equivalent Fund Expenditures under Measure T Program.
Recommended Action: Consider Adopting the Resolution
Staff Report 2024-222 - Measure T Approvals and Maintenance of Effort (MOE) - Pdf (Page 34 - 41)
5.3. Adopting the Minutes of December 3, 2024.
Recommended Action: - Consider Adopting the Minutes
Staff Report 2024-216 - Adoption of Minutes - Pdf (Page 42 - 47)
5.4. Consider adopting a resolution authorizing the City Manager to execute a contract with LEHR Auto for the purchase, configuration, and installation of six mobile routers into Police Department patrol vehicles, in an amount not to exceed $13,683.33.
Recommended Action: - Consider Adopting the Resolution
Staff Report 2024-218 - Police Department Mobile Routers - Pdf (Page 48 - 64)
5.5. Consider adopting a Resolution authorizing the renewal of the Napa Valley Transportation Authority (NVTA) Agreement with the City of Calistoga to provide Calistoga Shuttle Services for a five-year time period.
Recommended Action: - Consider Adopting the Resolution
Staff Report 2024-224 - Napa Valley Transporation Authority Shuttle Services - Pdf (Page 65 - 74)
5.6. Consider Adopting a Resolution Authorizing the City Manager to enter into a consultant agreement with FM3 Research to develop and deliver a statistically valid survey.
Recommended Action: - Consider Authorizing the City Manager/Staff to Enter into the Agreement
Staff Report 2024-217 - Enter into a Consultant Agreement with FM3 Reasearch for a statistically valid survey of the community needs and desires for t - Pdf (Page 75 - 98) Public Comment 5.6 (Page )
6. PUBLIC HEARING
7. GENERAL GOVERNMENT
7.1. The City’s three advisory committees have developed work plans for 2025 for review and approval by the City Council
Recommended Action: Consider approving the 2025 work plans for the Active Transportation Advisory Committee (ATAC), Green Committee, and Housing Advisory Committee.
Staff Report 24-210 - Approval of 2025 Work Plans for Advisory Committees - Pdf (Page 99 - 126)
7.2. Educational review of the draft 2025 calendar year operating and capital improvement budget for the fairgrounds.
Recommended Action: - Consider
Discussing the Item and Providing Staff Direction
Staff Report 2024-215 - Educational review of the draft 2025 calendar year operating and capital improvement budget for the fairgrounds. - Pdf (Page 127 - 189) 70-5592-XXXX Fairgrounds - Operations Maintenance-Calendar Year 2025 (Page ) 1 Fairgrounds - Budget FY 24-25 (Page )
2022_frc_program_awardees_list (Page )
f2024-06_ab1499_distribution_policy_framework_ada (Page ) FE Slides for Collaborative Exchange 12.11.24 (Page )
Public Comment Item 7.2 (Page )
7.3. Renaming the Fairgrounds Property
Recommended Action: - Consider
Discussing the Item and Providing Staff Direction
Staff Report 24-204 - Renaming the Fairgrounds Property - Pdf (Page 190 - 198) Public Comment Item 7.3 (Page )
8. COUNCIL REPORTS
9. 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 January, 2025, by 4:30 p.m.
Yudiana Galvan, City Clerk
From: Sheila Allen
To: Public Comment
Subject: Speeding on Foothill Blvd.
Date: Monday, January 13, 2025 6:07:21 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
To the Mayor & Council of Calistoga Ca;
I will be there tomorrow evening to present my traffic issue to the council about speeding on Foothill Blvd. at Lillie and High Street!
I believe there are a few solutions to stop the speeders and could make the city a lot of money.
Sincerely
Sheila Allen
Resident
Item #2.1.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Greg Desmond, City of Calistoga | Planning & Building Director Meeting: City Council - Jan 14 2025
Subject: Professional Services Agreement Amendment - Bureau Veritas AGENDA TITLE:
Professional Services Agreement Amendment - Bureau Veritas RECOMMENDATION:
Consider Adopting the Resolution
SUMMARY:
The Planning and Building Department has an existing agreement with Bureau Veritas North America Inc. (BV) to provide Building Official related services such as plan check, code enforcement and inspection on a contractual basis. Due to a significant increase in the costs associated with providing these services and an overall increase in demand for these services, additional funding is necessary.
ANALYSIS:
In October, the City Council approved the Planning Director's request to extend BV's contract until the end of the 2024 calendar year and to hire a full-time Building Official to perform these tasks inhouse. However, the tasks associated with recruiting, interviewing and hiring for the Building Official position have taken longer than anticipated and therefore, it will be necessary to extend the BV contract again to ensure that the City retains these critical services until the Building Official position is filled.
FINANCIAL IMPACT:
Funds for this amendment will be paid from accounts 01-4125-4402 and 01-4115-4402 and is within the budgets appropriated in these accounts for FY24/25.
CEQA STATUS:
This action does not meet the definition of a “project” under the California Environmental Quality Act (CEQA).
ATTACHMENT(S):
ATTCH 1 CC Resolution amendment 3
ATTCH 2 CC agreement amendment 3
ATTCH 3 CC agreement amendment 3 scope and fees
Item #5.1.
APPROVAL(S):
Connie Cardenas, Admin. Services Director Approved - Nov 22 2024 Laura Snideman, City of Calistoga | City Manager Approved - Nov 25 2024 Yudiana Galvan, City of Calistoga | City Clerk Approved - Nov 25 2024 Item #5.1.
ATTACHMENT 1
RESOLUTION NO. 2024-XXX
Authorizing Agreement No. 892
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH BUREAU VERITAS NORTH AMERICA, INC. (BVNA)
FOR BUILDING OFFICIAL, INSPECTION, PLAN CHECK SERVICES
WHEREAS, The City desires to utilize a professional consultant for the highlyspecialized and critical building official, building inspection and plan check services for the Planning & Building Department; and
WHEREAS, BVNA is a large company that specializes in providing similar services to municipalities and has the ability to provide a wide range of services on an as-needed basis, including for large and complex projects.
WHEREAS, BVNA is currently providing these services in other local Cities such as Santa Rosa and Healdsburg, and the proximity of their personnel to Calistoga will allow the City to efficiently cover its needs.
WHEREAS, The costs associated with the provision of consulting services will be recovered in part through the revenue collected in conjunction with the processing of building permit applications, and the Department’s FY 23-24 budget for contract services (01-4125-4402) not to exceed $125,000.
WHEREAS, On May 21, 2024, an amendment to the contracting services budget of $75,000 was required in order to provide a continued high level of service in light of an increase in development activity.
WHEREAS, On October 22, 2024, an amendment to the contracting services budget of $149,980 was required to provide a continued high level of service to the end of the 2024 calendar year in light of an increase development activity.
WHEREAS, On December 3, 2024, an amendment to the contracting services budget of $149,980 was required to provide a continued high level of service to the end of the 2024/2025 fiscal year in light of an increase development activity.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Calistoga hereby authorizes the City Manager to enter into a professional services agreement with BVNA for the provision of building official, building inspection and plan check services.
PASSED, APPROVED AND ADOPTED this 3rd day of DECEMBER 2024. I YUDI GALVAN, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the Item #5.1.
ATTACHMENT 1
foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________
DONALD WILLIAMS, Mayor
ATTEST:
_________________________
Yudi Galvan, City Clerk
Item #5.1.
ATTACHMENT 2
AMENDMENT No. 3
to
AGREEMENT No. 892 FOR CONSULTANT SERVICES
This Amendment No. 3 (“Amendment”) to Authorizing Agreement No. 892 (“Agreement”) is dated this 3rd day of December 2024, by and between the City of Calistoga, herein called the "City", and Bureau Veritas North America, Inc. (BVNA), herein called the "Consultant".
RECITALS
A. City and Consultant entered into the Agreement effective August 9, 2021, by which the Consultant agreed to provide Building Official, Building Inspection and Plan Check services more particularly described in the Agreement.
B. City and Consultant have operated under this Agreement with annual contract updates since this agreement was adopted.
C. The City approved a $125,000 contract update with BVNA on December 19, 2023 for the 2024 calendar year.
D. The City amended this contract on May 21, 2024, for a not to exceed amount of $75,000 to extend services through the end of the 23/24 fiscal year.
E. The City amended this contract on October 21, 2024, for a not-to-exceed amount of $149,980 through the end of the 2024 calendar year.
F. The City amended this contract on December 3, 2024, for a not-to-exceed amount of $149,980 to extend services through the end of the 24/25 fiscal year.
AGREEMENT
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Not to Exceed Amount. This amendment increases Bureau Veritas North America Inc’s not-to-exceed budget for non-cost recovery items by $149,980 for a total of $499,960 for the period between January 1, 2024 and July 1, 2025.
2. Incorporation by Reference. This Amendment hereby incorporates by reference all terms and conditions set forth in the Agreement, unless specifically modified by this Amendment. All terms and conditions set forth in the Agreement which are not specifically modified by this Amendment shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date set forth above.
CITY OF CALISTOGA
By: _______________________________ Date: ________________ Item #5.1.
Laura Snideman, City Manager
CONSULTANT
By: _______________________________ Date: ________________ By: _______________________________ Date: ________________ Attest
By: _______________________________
Yudiana Galvan, City Clerk
Approve As To Form
By: _______________________________
Michelle Marchetta Kenyon, City Attorney
Item #5.1.
Page | 1
Exhibit A
Scope of Services
SCOPE OF WORK
BUILDING AND SAFETY SERVICES
Chief Building Official Administrative Services
BVNA shall provide a person subject to the City's approval. The Chief Building Official (CBO) shall be responsible for overseeing building inspections, code compliance and acts as an official City representative on building related matters.
The Chief Building Official responsibilities include, but are not limited to:
• Quality control review of plan checks and inspections • Resolution of resident inquiries, complaints
• Building Official Administration, processing of complex Building Code issues and dispute resolution • Contribute the necessary resources to the configuration, implementation and ongoing support of an automated permitting system
• Review discretionary applications for preliminary compliance with construction codes • Review and update the Building/Safety Procedures Manual • Plan Review Support
• Support of Planning Commission & City Council staff reports related to Building & Safety items • Periodic attendance at Planning Commission & City Council meetings (as needed) • Oversight and supervision of all Building and Safety Services personnel in the duties including all personnel conducting inspections or otherwise performing services requiring certification and on-going training shall maintain all applicable inspection certificates and proof of required ongoing certification training, as applicable and required within the State of California to conduct inspections and perform services described within the Agreement.
• Determinations on whether projects are subject to minor or major project review (plan check) process, or otherwise require additional review.
• All other duties and responsibilities required of a Chief Building Official under federal, state, and local law, policy, or ordinance.
PLAN REVIEW SERVICES
When notified by the jurisdiction, Bureau Veritas North America, Inc. (BVNA) shall perform plan review services. Plan review services shall consist of the review of plans and documents for compliance with jurisdiction adopted or enforced codes and regulations. Plan review services will be provided in accordance with accepted standards of practice for governmental plan review and in conformance with the policies, procedures, interpretations, and practices of the jurisdiction.
Building Plan Review
Plan Review services shall be conducted as required by the Jurisdiction’s Building Code, Residential Code, Mechanical Code, Electrical Code, Plumbing Code, Fuel Gas Code and Energy Code, and other provided code related documents, as approved by the Jurisdiction. Applicants will be notified of Plan Review Comments and are responsible for addressing comments to the satisfaction of the Jurisdiction. The Jurisdiction has final interpretive authority over all plans and specifications. Permits are issued by the Jurisdiction.
Fire Plan Review
Commercial, Multi-Family and Single Family Fire Sprinkler System Plan Review, Commercial Fire Alarm Plan Review, Commercial Underground Fire Sprinkler System Plan Review, Commercial Alternative Fire Extinguishing Systems (includes Kitchen Fire Suppression System, Clean Agent Systems, and CO2 Systems) Plan Review and Commercial Above and Below Ground Fuel Storage Tank Plan Review shall be conducted as required by the Jurisdiction’s Fire Code, and other provided code related documents, as approved by the Jurisdiction. Applicants will be notified of Plan Review Comments and are responsible for addressing comments to the satisfaction of the Jurisdiction. The Jurisdiction has final interpretive authority over all plans and specifications. Permits are issued by the Jurisdiction.
ATTACHMENT 3
Item #5.1.
Page | 2
Plan review services shall be identified in the project task order and corresponding rate schedule. If corrections are required, BVNA will prepare comment or correction letters. The correction letter shall describe each required correction or addition, and reference the applicable code section. If plans are recommended for approval, a letter noting reviewed for compliance will be provided and upon request plans can be stamped “Reviewed for Code Compliance” to indicate that the plans have been reviewed by BVNA and found to be in substantial compliance with applicable codes.
Typical turnaround times for building plan review are as follows:
Service Initial
Check
(working
days)
Recheck
(working
days)
Expedit
ed Initial
Review
Expedited
Recheck
Commercial TI 10 7 7 5
Residential addition and/or accessory
building
10 5 7 3
New Residential 10 7 5 3
Multi-Residential and New Multi-Residential,
Commercial, and Industrial
15 10 10 7
Complex, large, or unusual project *
*Turnaround times for unusually complex or large projects can be negotiated.
Building Inspections
Inspection services shall be conducted as required by the Jurisdiction’s Building Code, Residential Code, Mechanical Code, Electrical Code, Plumbing Code, Fuel Gas Code and Energy Code. Special inspections as specified in chapter 17 and non-prescriptive structural inspections of the adopted California Building Code are not included and may be required as specified in the California Building Code. Any violations of the Jurisdiction’s codes or concealment of any work prior to approval by BVNA will be reported to the Building Official of the Jurisdiction. The Building Official of the Jurisdiction is the final interpretive authority and the Certificate of Occupancy will be issued at the discretion of the Jurisdiction.
Fire Services Inspections
Commercial, Multi-Family and Single Family Fire Sprinkler System Inspection, Commercial Fire Alarm Inspection, Commercial Underground Fire Sprinkler System Inspection, Commercial Alternative Fire Extinguishing Systems (includes Kitchen Fire Suppression System, Clean Agent Systems, and CO2 Systems) Inspection, Commercial Above and Below Ground Fuel Storage Tank Inspection and Commercial Fire Certificate of Occupancy Inspection services shall be conducted as required by the Jurisdiction’s Fire Code.
Any violations of the Jurisdiction’s codes or concealment of any work prior to approval by BVNA will be reported to the Building Official of the Jurisdiction. The Building Official of the Jurisdiction is the final interpretive authority.
ATTACHMENT 3
Item #5.1.
Page | 3
APPROACH
Building Department Administration
As the largest code compliance firm in the United States, we have helped over 400 municipalities, counties, regional and state agencies handle their code compliance needs from full- service building department administration to targeted, as- needed services. BVNA is your ideal partner to deliver quality service, technical proficiency, and responsiveness a public agency desires when faced with rapid development, budget constraints, and/or limited agency resources.
Having helped newly incorporated cities establish their departments and continue to manage their operations, BVNA offers a full range of building department services including:
• Building Official
• Plan Review
• Permitting/Processing
• Counter Support
• Code Compliance
• Inspection
• Community Outreach
Partnering with BVNA provides the public agency with immediate resources. As the demand on the agency increases, BVNA supplements the agency with additional resources. The result is an efficient and cost effective solution to providing the development community with a high level of expertise and customer service.
These duties include, but are not limited to, the following:
• Full building administration services (issuance of permits, certificates of occupancy, required City record keeping, taking and responding to inspection requests, performing plan reviews, enforcing pertinent agency, County, state and federal regulations falling within the purview of the building department
• Fire plan review and inspection
• Building Official
• Generate plan review and inspection reports
• Enter all agency-required information into agency’s permit tracking and reporting system • Attend project review committee (PRC) meetings or any meetings related to the building department as required by the agency
• Prepare and submit a weekly plan review status report and a monthly plan review turnaround report as specified by the agency
• Prepare a monthly inspection activity report
• Scan all non-residential approved plans and documents in accordance with the agency’s records management procedures
• Assist agency with drafting and presenting of ordinances and resolutions • Maintain and update, as necessary, public assistance and code related handout materials • Conduct community workshops to educate contractors, homeowners, architects, engineers, etc. • Participate as the extension of agency staff in emergency events • Review and approval of any commercial testing or special inspection reports required by codes for ongoing construction
• Assist in preparing and prioritizing budgets
ATTACHMENT 3
Item #5.1.
Page | 4
Building Official
BVNA staff will work directly with City staff to prepare accurate interpretations of the Code requirements, to adopt and process new codes and their requirements, and to act as a general point of contact for the jurisdiction. The building official will provide the support and direction necessary to facilitate timely and efficient work amongst the jurisdictional staff and other departments.
Our staff is able to analyze applicable ordinances and resolutions of jurisdictions and make recommendations for approval of appropriate code adoptions, amended as necessary in accordance with the applicable code, to implement an effective and compliant code enforcement program. Our staff will keep current on applicable code requirements adopted at the state or federal levels and inform and implement as necessary to keep the jurisdiction compliant.
Our building official will attend staff, board, and council meetings as required and mutually agreed upon. This individual will oversee other BVNA staff as well as provide guidance for City staff, applicants, designers, and contractors to navigate the code. Our building official and support team will be up to date on code changes and will assist in implementing those changes.
Typical duties of the building official can include:
• Manage and oversee the building department
• Guide inspectors and plans examiners on adopted codes and local amendments • Make recommendations regarding local amendments and code adoption • Serve as liaison between BVNA and the City
• Serve as liaison between the building department and other City departments • Attend meetings as requested and agreed upon
• Report building department activities as requested and agreed upon BV personnel have performed and managed plan review for thousands of projects. Projecttypes include highrise hotels and office buildings; institutional occupancies (including jails, shipping facilities, and room additions); single-family tract and custom homes; tilt-up shells; tenant improvements; and infrastructure (roads, wet and dry utilities). Our staff has considerable review experience of virtually any structure requiring permits, plan reviews, and inspections. Our large, licensed planreview staff enables us to manage numerous and complex projects simultaneously, as well as provide discipline- specific plan reviews (e.g., structural, mechanical/plumbing, electrical, fire, access, street, drainage, map, civil infrastructure).
We offer the following plan review and inspection services:
• Architectural, fire & life safety
• Structural
• Energy code
• Accessibility requirements, including:
- Barrier free
- Disabled access
- CASp
- ADA
• Mechanical, electrical, and plumbing code
• Review and approval of alternative materials, design, and methods of construction • Civil plans examination, including:
- Grading and drainage
- NPDES/SWPPP
- Development
- Infrastructure
- Water and wastewater
- Sewer
• Green building and LEED consulting
ATTACHMENT 3
Item #5.1.
Page | 5
Plan Review Time Schedule
At your request, BV can provide plan review activities on a fast-track basis. Turnaround times for each submittal will relate to the size and nature of the project and its impact on the construction schedule. To reduce turnaround times for plan review, we use electronic submittals, phased submittals, conference calling, and videoconferencing.
BV has built long-term partnerships with agencies. We understand that accuracy, efficiency, and integrity in all aspects of professional services are required. Testimony to our professional excellence is the fact that we have provided services to many of our municipal clients since their incorporation.
Because of our large pool of accessible resources, we can assemble experienced personnel in order to help with project schedule recovery when necessary. Our team maintains efficient turnaround times on all reviews as a key measurement of performance of our plan review services.
BV will also accommodate preliminary reviews to facilitate fast-tracked, or accelerated, projects. This aids with timely turnaround and enhances public relations. If applicants include designs that do not conform to the prescriptive requirements of the codes, the jurisdiction’s designee will have final approval over the plan being reviewed. If requested, our staff will make recommendations for the resolution. We are also available to meet with agency staff or others as needed to discuss our findings.
Electronic Plan Reviewing
Bureau Veritas provides an alternative solution to traditional plan checking. By utilizing Adobe Acrobat with electronic plan submittal and commenting, our plan reviewers can quickly and accurately review plans for compliance with applicable codes; this allows for economical movement of plans and quick turnaround, eliminating shipping time and costs. In this way, electronic plans with comments can be viewed and discussed with tenant, designer, and plans examiner as needed to resolve issues quickly and efficiently.
As part of this process, plans are first submitted as PDF files via a secure and confidential FTP site in which the client also has access. Our staff then reviews these plans and places comments and redlines directly on the plans, corresponding to areas needing revisions. Next, redlined plans with comments are forwarded to, or placed on, the secure FTP site for the designers, engineers, and architects. Plans can then be revised and resubmitted via the same method described.
Once all items are resolved, hard copy plans are sent to BV for approval stamps and signatures. Finally, these stamped and signed approved drawings are sent to the jurisdiction for permitting.
Transmittal of Plans and Correction Lists
BV assumes responsibility for the pickup and return of plans. All plans shall be picked up from the jurisdiction offices within 24 hours of notification. Should the volume of work be sufficient, we propose to establish regular pickup of plans on a consistent basis. We will also utilize shipping courier at no additional cost to the jurisdiction.
Upon completion of each plan review, we will forward a copy of the correction list to both the jurisdiction and the applicant by mail. When corrected plans are resubmitted, we will either follow the previous procedure, or the applicant may schedule an office visit to go over any corrections in person. BV will forward completed plans once they are stamped and signed by BV staff. Our transmittal forms are customized for use unique to the specific jurisdiction.
Building Inspection
At Bureau Veritas, we are client-focused and customize the work according to your specific needs. We can provide inspection services for a single project that presents unique complexities due to its construction or size, or we can provide enough staff to handle all inspection services for an entire jurisdiction. Our building inspection services can be adjusted to provide a high level of coordination specifically suited to the designbuild concept. Our inspectors are ICC certified and have extensive experience in the construction trades.
Fast-tracked projects may be built into small phases based on incremental design and fabrication steps. In such cases, our inspection team keeps daily logs to track corrections and plan review changes.
BV’s inspection teams also provide on-call building inspection services to cover staff vacation time, peak workloads, specialized inspection activities, and any other situations that may arise. These activities may include next- day inspections and same-day response to important or urgent requests.
ATTACHMENT 3
Item #5.1.
Page | 6
Bureau Veritas will provide the client with ICC certified personnel to provide the following services:
1. Read and study project specifications, plans, and drawings to become familiar with project prior to inspection, ensuring that structural or architectural changes have been stamped as approved by appropriate authority and recognizing the need for/ requiring of plan checks for electrical, plumbing, and mechanical code requirements.
2. Perform and document inspections on construction projects to determine that all aspects of the project, such as foundations, building, electrical, plumbing, and mechanical systems, conform to the applicable building codes, zoning ordinances, energy conservation, and accessibility requirements, including known local, city, state, and federal requirements.
3. Review plans for building construction, plumbing, electrical, and mechanical details prior to making inspection.
4. Bring to the attention of the jurisdiction for approval of certain changes in building, plumbing, mechanical, electrical, and related work consistent with code and ordinance requirements.
5. Participate in reviews with fire, health, and other government agency inspectors, as well as owners.
6. Maintain a record of non-complying items and follow up to resolution of such items.
7. Inspect existing buildings for substandard, unsafe conditions, upon request.
Permit Technician Services
BV staff will work with the jurisdiction staff to seamlessly staff the public counter, issue counter permits, answer plan review or inspection questions, and assist the public with a high level of customer service.
Our staff will be trained and proficient in the policies, procedures, and administrative and technical regulations of the jurisdiction. All staff members are familiar with various software systems and are able to answer questions pertaining to inspections, plan approvals, business license approvals, and certificates of occupancy
Permit technician services may include:
• Interfacing with the public, internal staff, and related departments • Review of permit applications for completeness
• Acceptance and routing of plans
• Calculation and/or fee collection
• Issuance of permits
• Review and issuance of counter permits, when authorized • Maintenance of permit records
• Use of jurisdiction permitting programs and/or software, where applicable Fire Plan Review
Our staff will consult closely with the Fire Chief/Fire Marshal orthis person’s designated representative on any areas which require code interpretation or where alternate methods are being proposed and considered. Our proposed fire plan review engineers have specific experience working within multiple types of facilities to ensure compliance with applicable codes, standards, and amendments, including CFC, CBC, the Adopted National Fire Protection Standards, the California Health & Safety Codes, CSFM, and U.L. Our experience includes written comments and verbal communication with applicants to better understand requirements and providedirectionfor compliance, as well as closecommunication with fire departments to clarify policies, code interpretations, plan review status, and procedures.
Bureau Veritas staff havereviewed hundreds of projects for fire safety components, including NFPA 13, NFPA 72, and NFPA 101, among others. Example projects in which our reviewers have worked include The Village at Bella Terra in Huntington Beach, Lifetime Fitness in Roseville, and Sysco Food Services Expansion in Sutter County. All personnel assigned to your project will have the necessary materials, resources, and training available to conduct plan reviews, including copies of applicable local amendments, policies, procedures, and forms.
ATTACHMENT 3
Item #5.1.
Page | 7
Fire Inspections
BV can place an experienced fire inspector for a single project or to augment existing staff to cover staff vacations and other leaves of absence. We can even provide all fire inspection on a daily basis. Systems and components we inspect include (but are not limited to):
• Fire sprinklers, including systems beginning at property line, as directed • Fire pumps
• Fire alarm systems
• Automatic suppression systems, including Halon, FM200, and CO2 • Hoods
• Duct extinguishing systems
• Exits
• Emergency lighting
• Voice evacuation systems
• Fire permit inspections
Additionally, we can provide regular inspections of all aspects of the fire permit requirements, whether annually, biannually, triennially, every five years, or any other length of time as mandated by the adopted codes.
ATTACHMENT 3
Item #5.1.
Page | 8
Attachment B1
Fee Schedule
SCHEDULE OF FEES
CITY OF CALISTOGA, PROFESSIONAL BUILDING OFFICIAL, PLAN CHECK AND BUILDING
INSPECTION SERVICES
Bureau Veritas’ pricing reflects our commitment to the success of your project by helping you maintain significant quality and cost saving benefits moving forward. Our rates include services for professional building official, plan check and building inspection services on an as-needed basis.
These include:
January 1, 2025 - June 30, 2025
• Reduced plan review turnaround times
• Implementation of established electronic plan review processes • Confidence of working with a well-established consultant in business for 195+ years
PLAN REVIEW FEES
1. 75% of the plan review fee charged by the city as per the City of Calistoga fee schedule.
Percentage includes the initial review plus 2 re-checks. Any additional reviews, revisions to approved plans, or extra scope will be charged at the hourly rates below.
ONSITE SERVICE FEES
Classification Billing Rates Notes
2. Building Official $145.00/hr.
$90,480.00
Assumes 3 days per
week support
3. Senior Inspector/Sr Code Enforcement $125.00/hr.
$52,000.00
Assumes 2 days
per week support
4. Fire Inspector $135.00/hr.
$ 7,500.00
Assumes up to 4
hours week support
AVAILABLE SERVICES AND HOURLY BILLING RATES
Classification Hourly Billing Rate
5. Senior/Structural Plan Check Engineer $155.00/hr.
6. Fire Marshal $155.00/hr.
7. Plan Check Engineer / Sr. ICC Plans Examiner $135.00/hr.
8. Fire Protection Engineer $165.00/hr.
9. CASp Plans Examiner / CASp Inspections $135.00/hr. / $150.00/hr.
10. ICC Plans Examiner $125.00/hr.
11. Fire Plans Examiner/Inspector $135.00/hr.
12 Project Inspector (IOR) $145.00/hr.- $155.00/hr.
13. Code Enforcement $115.00/hr.
14. Permit Technician $65.00 - $80.00/hr.
15. Admin / Clerical $55.00 - $70.00/hr.
• Fast track / Expedited plan reviews shall be an additional 1.5 times the fees shown above. • Overtime (OT) will be charged at 1.25 times the standard hourly rate; hours worked on a designated holiday will be charged at the appropriate OT rate. No overtime will be charged without approval. • Rates and cost estimates shown above exclude per diem, prevailing wage and union rates. Should these be applicable, BV will discuss and negotiate fees to account for increased personnel costs. • Hourly rate subject to annual adjustment in accordance with CPI from Engineering News Record(ENR) with the City’s prior approval.
• Mileage for employee-owned vehicles used in connection with the work will be at the current IRS rate. • Services to be invoiced monthly; plan review fee to be invoiced after initial review.
ATTACHMENT 3
Item #5.1.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Greg Desmond, City of Calistoga | Planning & Building Director Meeting: City Council - Jan 14 2025
Subject: Professional Services Agreement Amendment - Bureau Veritas AGENDA TITLE:
Professional Services Agreement Amendment - Bureau Veritas RECOMMENDATION:
Consider Adopting the Resolution
SUMMARY:
The Planning and Building Department has an existing agreement with Bureau Veritas North America Inc. (BV) to provide Building Official related services such as plan check, code enforcement and inspection on a contractual basis. Due to a significant increase in the costs associated with providing these services and an overall increase in demand for these services, additional funding is necessary.
ANALYSIS:
In October, the City Council approved the Planning Director's request to extend BV's contract until the end of the 2024 calendar year and to hire a full-time Building Official to perform these tasks inhouse. However, the tasks associated with recruiting, interviewing and hiring for the Building Official position have taken longer than anticipated and therefore, it will be necessary to extend the BV contract again to ensure that the City retains these critical services until the Building Official position is filled.
FINANCIAL IMPACT:
Funds for this amendment will be paid from accounts 01-4125-4402 and 01-4115-4402 and is within the budgets appropriated in these accounts for FY24/25.
CEQA STATUS:
This action does not meet the definition of a “project” under the California Environmental Quality Act (CEQA).
ATTACHMENT(S):
ATTCH 1 CC Resolution amendment 3
ATTCH 2 CC agreement amendment 3
ATTCH 3 CC agreement amendment 3 scope and fees
Item #5.1.
APPROVAL(S):
Connie Cardenas, Admin. Services Director Approved - Nov 22 2024 Laura Snideman, City of Calistoga | City Manager Approved - Nov 25 2024 Yudiana Galvan, City of Calistoga | City Clerk Approved - Nov 25 2024 Item #5.1.
ATTACHMENT 1
RESOLUTION NO. 2024-XXX
Authorizing Agreement No. 892
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH BUREAU VERITAS NORTH AMERICA, INC. (BVNA)
FOR BUILDING OFFICIAL, INSPECTION, PLAN CHECK SERVICES
WHEREAS, The City desires to utilize a professional consultant for the highlyspecialized and critical building official, building inspection and plan check services for the Planning & Building Department; and
WHEREAS, BVNA is a large company that specializes in providing similar services to municipalities and has the ability to provide a wide range of services on an as-needed basis, including for large and complex projects.
WHEREAS, BVNA is currently providing these services in other local Cities such as Santa Rosa and Healdsburg, and the proximity of their personnel to Calistoga will allow the City to efficiently cover its needs.
WHEREAS, The costs associated with the provision of consulting services will be recovered in part through the revenue collected in conjunction with the processing of building permit applications, and the Department’s FY 23-24 budget for contract services (01-4125-4402) not to exceed $125,000.
WHEREAS, On May 21, 2024, an amendment to the contracting services budget of $75,000 was required in order to provide a continued high level of service in light of an increase in development activity.
WHEREAS, On October 22, 2024, an amendment to the contracting services budget of $149,980 was required to provide a continued high level of service to the end of the 2024 calendar year in light of an increase development activity.
WHEREAS, On December 3, 2024, an amendment to the contracting services budget of $149,980 was required to provide a continued high level of service to the end of the 2024/2025 fiscal year in light of an increase development activity.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Calistoga hereby authorizes the City Manager to enter into a professional services agreement with BVNA for the provision of building official, building inspection and plan check services.
PASSED, APPROVED AND ADOPTED this 3rd day of DECEMBER 2024. I YUDI GALVAN, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the Item #5.1.
ATTACHMENT 1
foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________
DONALD WILLIAMS, Mayor
ATTEST:
_________________________
Yudi Galvan, City Clerk
Item #5.1.
ATTACHMENT 2
AMENDMENT No. 3
to
AGREEMENT No. 892 FOR CONSULTANT SERVICES
This Amendment No. 3 (“Amendment”) to Authorizing Agreement No. 892 (“Agreement”) is dated this 3rd day of December 2024, by and between the City of Calistoga, herein called the "City", and Bureau Veritas North America, Inc. (BVNA), herein called the "Consultant".
RECITALS
A. City and Consultant entered into the Agreement effective August 9, 2021, by which the Consultant agreed to provide Building Official, Building Inspection and Plan Check services more particularly described in the Agreement.
B. City and Consultant have operated under this Agreement with annual contract updates since this agreement was adopted.
C. The City approved a $125,000 contract update with BVNA on December 19, 2023 for the 2024 calendar year.
D. The City amended this contract on May 21, 2024, for a not to exceed amount of $75,000 to extend services through the end of the 23/24 fiscal year.
E. The City amended this contract on October 21, 2024, for a not-to-exceed amount of $149,980 through the end of the 2024 calendar year.
F. The City amended this contract on December 3, 2024, for a not-to-exceed amount of $149,980 to extend services through the end of the 24/25 fiscal year.
AGREEMENT
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Not to Exceed Amount. This amendment increases Bureau Veritas North America Inc’s not-to-exceed budget for non-cost recovery items by $149,980 for a total of $499,960 for the period between January 1, 2024 and July 1, 2025.
2. Incorporation by Reference. This Amendment hereby incorporates by reference all terms and conditions set forth in the Agreement, unless specifically modified by this Amendment. All terms and conditions set forth in the Agreement which are not specifically modified by this Amendment shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date set forth above.
CITY OF CALISTOGA
By: _______________________________ Date: ________________ Item #5.1.
Laura Snideman, City Manager
CONSULTANT
By: _______________________________ Date: ________________ By: _______________________________ Date: ________________ Attest
By: _______________________________
Yudiana Galvan, City Clerk
Approve As To Form
By: _______________________________
Michelle Marchetta Kenyon, City Attorney
Item #5.1.
Page | 1
Exhibit A
Scope of Services
SCOPE OF WORK
BUILDING AND SAFETY SERVICES
Chief Building Official Administrative Services
BVNA shall provide a person subject to the City's approval. The Chief Building Official (CBO) shall be responsible for overseeing building inspections, code compliance and acts as an official City representative on building related matters.
The Chief Building Official responsibilities include, but are not limited to:
• Quality control review of plan checks and inspections • Resolution of resident inquiries, complaints
• Building Official Administration, processing of complex Building Code issues and dispute resolution • Contribute the necessary resources to the configuration, implementation and ongoing support of an automated permitting system
• Review discretionary applications for preliminary compliance with construction codes • Review and update the Building/Safety Procedures Manual • Plan Review Support
• Support of Planning Commission & City Council staff reports related to Building & Safety items • Periodic attendance at Planning Commission & City Council meetings (as needed) • Oversight and supervision of all Building and Safety Services personnel in the duties including all personnel conducting inspections or otherwise performing services requiring certification and on-going training shall maintain all applicable inspection certificates and proof of required ongoing certification training, as applicable and required within the State of California to conduct inspections and perform services described within the Agreement.
• Determinations on whether projects are subject to minor or major project review (plan check) process, or otherwise require additional review.
• All other duties and responsibilities required of a Chief Building Official under federal, state, and local law, policy, or ordinance.
PLAN REVIEW SERVICES
When notified by the jurisdiction, Bureau Veritas North America, Inc. (BVNA) shall perform plan review services. Plan review services shall consist of the review of plans and documents for compliance with jurisdiction adopted or enforced codes and regulations. Plan review services will be provided in accordance with accepted standards of practice for governmental plan review and in conformance with the policies, procedures, interpretations, and practices of the jurisdiction.
Building Plan Review
Plan Review services shall be conducted as required by the Jurisdiction’s Building Code, Residential Code, Mechanical Code, Electrical Code, Plumbing Code, Fuel Gas Code and Energy Code, and other provided code related documents, as approved by the Jurisdiction. Applicants will be notified of Plan Review Comments and are responsible for addressing comments to the satisfaction of the Jurisdiction. The Jurisdiction has final interpretive authority over all plans and specifications. Permits are issued by the Jurisdiction.
Fire Plan Review
Commercial, Multi-Family and Single Family Fire Sprinkler System Plan Review, Commercial Fire Alarm Plan Review, Commercial Underground Fire Sprinkler System Plan Review, Commercial Alternative Fire Extinguishing Systems (includes Kitchen Fire Suppression System, Clean Agent Systems, and CO2 Systems) Plan Review and Commercial Above and Below Ground Fuel Storage Tank Plan Review shall be conducted as required by the Jurisdiction’s Fire Code, and other provided code related documents, as approved by the Jurisdiction. Applicants will be notified of Plan Review Comments and are responsible for addressing comments to the satisfaction of the Jurisdiction. The Jurisdiction has final interpretive authority over all plans and specifications. Permits are issued by the Jurisdiction.
ATTACHMENT 3
Item #5.1.
Page | 2
Plan review services shall be identified in the project task order and corresponding rate schedule. If corrections are required, BVNA will prepare comment or correction letters. The correction letter shall describe each required correction or addition, and reference the applicable code section. If plans are recommended for approval, a letter noting reviewed for compliance will be provided and upon request plans can be stamped “Reviewed for Code Compliance” to indicate that the plans have been reviewed by BVNA and found to be in substantial compliance with applicable codes.
Typical turnaround times for building plan review are as follows:
Service Initial
Check
(working
days)
Recheck
(working
days)
Expedit
ed Initial
Review
Expedited
Recheck
Commercial TI 10 7 7 5
Residential addition and/or accessory
building
10 5 7 3
New Residential 10 7 5 3
Multi-Residential and New Multi-Residential,
Commercial, and Industrial
15 10 10 7
Complex, large, or unusual project *
*Turnaround times for unusually complex or large projects can be negotiated.
Building Inspections
Inspection services shall be conducted as required by the Jurisdiction’s Building Code, Residential Code, Mechanical Code, Electrical Code, Plumbing Code, Fuel Gas Code and Energy Code. Special inspections as specified in chapter 17 and non-prescriptive structural inspections of the adopted California Building Code are not included and may be required as specified in the California Building Code. Any violations of the Jurisdiction’s codes or concealment of any work prior to approval by BVNA will be reported to the Building Official of the Jurisdiction. The Building Official of the Jurisdiction is the final interpretive authority and the Certificate of Occupancy will be issued at the discretion of the Jurisdiction.
Fire Services Inspections
Commercial, Multi-Family and Single Family Fire Sprinkler System Inspection, Commercial Fire Alarm Inspection, Commercial Underground Fire Sprinkler System Inspection, Commercial Alternative Fire Extinguishing Systems (includes Kitchen Fire Suppression System, Clean Agent Systems, and CO2 Systems) Inspection, Commercial Above and Below Ground Fuel Storage Tank Inspection and Commercial Fire Certificate of Occupancy Inspection services shall be conducted as required by the Jurisdiction’s Fire Code.
Any violations of the Jurisdiction’s codes or concealment of any work prior to approval by BVNA will be reported to the Building Official of the Jurisdiction. The Building Official of the Jurisdiction is the final interpretive authority.
ATTACHMENT 3
Item #5.1.
Page | 3
APPROACH
Building Department Administration
As the largest code compliance firm in the United States, we have helped over 400 municipalities, counties, regional and state agencies handle their code compliance needs from full- service building department administration to targeted, as- needed services. BVNA is your ideal partner to deliver quality service, technical proficiency, and responsiveness a public agency desires when faced with rapid development, budget constraints, and/or limited agency resources.
Having helped newly incorporated cities establish their departments and continue to manage their operations, BVNA offers a full range of building department services including:
• Building Official
• Plan Review
• Permitting/Processing
• Counter Support
• Code Compliance
• Inspection
• Community Outreach
Partnering with BVNA provides the public agency with immediate resources. As the demand on the agency increases, BVNA supplements the agency with additional resources. The result is an efficient and cost effective solution to providing the development community with a high level of expertise and customer service.
These duties include, but are not limited to, the following:
• Full building administration services (issuance of permits, certificates of occupancy, required City record keeping, taking and responding to inspection requests, performing plan reviews, enforcing pertinent agency, County, state and federal regulations falling within the purview of the building department
• Fire plan review and inspection
• Building Official
• Generate plan review and inspection reports
• Enter all agency-required information into agency’s permit tracking and reporting system • Attend project review committee (PRC) meetings or any meetings related to the building department as required by the agency
• Prepare and submit a weekly plan review status report and a monthly plan review turnaround report as specified by the agency
• Prepare a monthly inspection activity report
• Scan all non-residential approved plans and documents in accordance with the agency’s records management procedures
• Assist agency with drafting and presenting of ordinances and resolutions • Maintain and update, as necessary, public assistance and code related handout materials • Conduct community workshops to educate contractors, homeowners, architects, engineers, etc. • Participate as the extension of agency staff in emergency events • Review and approval of any commercial testing or special inspection reports required by codes for ongoing construction
• Assist in preparing and prioritizing budgets
ATTACHMENT 3
Item #5.1.
Page | 4
Building Official
BVNA staff will work directly with City staff to prepare accurate interpretations of the Code requirements, to adopt and process new codes and their requirements, and to act as a general point of contact for the jurisdiction. The building official will provide the support and direction necessary to facilitate timely and efficient work amongst the jurisdictional staff and other departments.
Our staff is able to analyze applicable ordinances and resolutions of jurisdictions and make recommendations for approval of appropriate code adoptions, amended as necessary in accordance with the applicable code, to implement an effective and compliant code enforcement program. Our staff will keep current on applicable code requirements adopted at the state or federal levels and inform and implement as necessary to keep the jurisdiction compliant.
Our building official will attend staff, board, and council meetings as required and mutually agreed upon. This individual will oversee other BVNA staff as well as provide guidance for City staff, applicants, designers, and contractors to navigate the code. Our building official and support team will be up to date on code changes and will assist in implementing those changes.
Typical duties of the building official can include:
• Manage and oversee the building department
• Guide inspectors and plans examiners on adopted codes and local amendments • Make recommendations regarding local amendments and code adoption • Serve as liaison between BVNA and the City
• Serve as liaison between the building department and other City departments • Attend meetings as requested and agreed upon
• Report building department activities as requested and agreed upon BV personnel have performed and managed plan review for thousands of projects. Projecttypes include highrise hotels and office buildings; institutional occupancies (including jails, shipping facilities, and room additions); single-family tract and custom homes; tilt-up shells; tenant improvements; and infrastructure (roads, wet and dry utilities). Our staff has considerable review experience of virtually any structure requiring permits, plan reviews, and inspections. Our large, licensed planreview staff enables us to manage numerous and complex projects simultaneously, as well as provide discipline- specific plan reviews (e.g., structural, mechanical/plumbing, electrical, fire, access, street, drainage, map, civil infrastructure).
We offer the following plan review and inspection services:
• Architectural, fire & life safety
• Structural
• Energy code
• Accessibility requirements, including:
- Barrier free
- Disabled access
- CASp
- ADA
• Mechanical, electrical, and plumbing code
• Review and approval of alternative materials, design, and methods of construction • Civil plans examination, including:
- Grading and drainage
- NPDES/SWPPP
- Development
- Infrastructure
- Water and wastewater
- Sewer
• Green building and LEED consulting
ATTACHMENT 3
Item #5.1.
Page | 5
Plan Review Time Schedule
At your request, BV can provide plan review activities on a fast-track basis. Turnaround times for each submittal will relate to the size and nature of the project and its impact on the construction schedule. To reduce turnaround times for plan review, we use electronic submittals, phased submittals, conference calling, and videoconferencing.
BV has built long-term partnerships with agencies. We understand that accuracy, efficiency, and integrity in all aspects of professional services are required. Testimony to our professional excellence is the fact that we have provided services to many of our municipal clients since their incorporation.
Because of our large pool of accessible resources, we can assemble experienced personnel in order to help with project schedule recovery when necessary. Our team maintains efficient turnaround times on all reviews as a key measurement of performance of our plan review services.
BV will also accommodate preliminary reviews to facilitate fast-tracked, or accelerated, projects. This aids with timely turnaround and enhances public relations. If applicants include designs that do not conform to the prescriptive requirements of the codes, the jurisdiction’s designee will have final approval over the plan being reviewed. If requested, our staff will make recommendations for the resolution. We are also available to meet with agency staff or others as needed to discuss our findings.
Electronic Plan Reviewing
Bureau Veritas provides an alternative solution to traditional plan checking. By utilizing Adobe Acrobat with electronic plan submittal and commenting, our plan reviewers can quickly and accurately review plans for compliance with applicable codes; this allows for economical movement of plans and quick turnaround, eliminating shipping time and costs. In this way, electronic plans with comments can be viewed and discussed with tenant, designer, and plans examiner as needed to resolve issues quickly and efficiently.
As part of this process, plans are first submitted as PDF files via a secure and confidential FTP site in which the client also has access. Our staff then reviews these plans and places comments and redlines directly on the plans, corresponding to areas needing revisions. Next, redlined plans with comments are forwarded to, or placed on, the secure FTP site for the designers, engineers, and architects. Plans can then be revised and resubmitted via the same method described.
Once all items are resolved, hard copy plans are sent to BV for approval stamps and signatures. Finally, these stamped and signed approved drawings are sent to the jurisdiction for permitting.
Transmittal of Plans and Correction Lists
BV assumes responsibility for the pickup and return of plans. All plans shall be picked up from the jurisdiction offices within 24 hours of notification. Should the volume of work be sufficient, we propose to establish regular pickup of plans on a consistent basis. We will also utilize shipping courier at no additional cost to the jurisdiction.
Upon completion of each plan review, we will forward a copy of the correction list to both the jurisdiction and the applicant by mail. When corrected plans are resubmitted, we will either follow the previous procedure, or the applicant may schedule an office visit to go over any corrections in person. BV will forward completed plans once they are stamped and signed by BV staff. Our transmittal forms are customized for use unique to the specific jurisdiction.
Building Inspection
At Bureau Veritas, we are client-focused and customize the work according to your specific needs. We can provide inspection services for a single project that presents unique complexities due to its construction or size, or we can provide enough staff to handle all inspection services for an entire jurisdiction. Our building inspection services can be adjusted to provide a high level of coordination specifically suited to the designbuild concept. Our inspectors are ICC certified and have extensive experience in the construction trades.
Fast-tracked projects may be built into small phases based on incremental design and fabrication steps. In such cases, our inspection team keeps daily logs to track corrections and plan review changes.
BV’s inspection teams also provide on-call building inspection services to cover staff vacation time, peak workloads, specialized inspection activities, and any other situations that may arise. These activities may include next- day inspections and same-day response to important or urgent requests.
ATTACHMENT 3
Item #5.1.
Page | 6
Bureau Veritas will provide the client with ICC certified personnel to provide the following services:
1. Read and study project specifications, plans, and drawings to become familiar with project prior to inspection, ensuring that structural or architectural changes have been stamped as approved by appropriate authority and recognizing the need for/ requiring of plan checks for electrical, plumbing, and mechanical code requirements.
2. Perform and document inspections on construction projects to determine that all aspects of the project, such as foundations, building, electrical, plumbing, and mechanical systems, conform to the applicable building codes, zoning ordinances, energy conservation, and accessibility requirements, including known local, city, state, and federal requirements.
3. Review plans for building construction, plumbing, electrical, and mechanical details prior to making inspection.
4. Bring to the attention of the jurisdiction for approval of certain changes in building, plumbing, mechanical, electrical, and related work consistent with code and ordinance requirements.
5. Participate in reviews with fire, health, and other government agency inspectors, as well as owners.
6. Maintain a record of non-complying items and follow up to resolution of such items.
7. Inspect existing buildings for substandard, unsafe conditions, upon request.
Permit Technician Services
BV staff will work with the jurisdiction staff to seamlessly staff the public counter, issue counter permits, answer plan review or inspection questions, and assist the public with a high level of customer service.
Our staff will be trained and proficient in the policies, procedures, and administrative and technical regulations of the jurisdiction. All staff members are familiar with various software systems and are able to answer questions pertaining to inspections, plan approvals, business license approvals, and certificates of occupancy
Permit technician services may include:
• Interfacing with the public, internal staff, and related departments • Review of permit applications for completeness
• Acceptance and routing of plans
• Calculation and/or fee collection
• Issuance of permits
• Review and issuance of counter permits, when authorized • Maintenance of permit records
• Use of jurisdiction permitting programs and/or software, where applicable Fire Plan Review
Our staff will consult closely with the Fire Chief/Fire Marshal orthis person’s designated representative on any areas which require code interpretation or where alternate methods are being proposed and considered. Our proposed fire plan review engineers have specific experience working within multiple types of facilities to ensure compliance with applicable codes, standards, and amendments, including CFC, CBC, the Adopted National Fire Protection Standards, the California Health & Safety Codes, CSFM, and U.L. Our experience includes written comments and verbal communication with applicants to better understand requirements and providedirectionfor compliance, as well as closecommunication with fire departments to clarify policies, code interpretations, plan review status, and procedures.
Bureau Veritas staff havereviewed hundreds of projects for fire safety components, including NFPA 13, NFPA 72, and NFPA 101, among others. Example projects in which our reviewers have worked include The Village at Bella Terra in Huntington Beach, Lifetime Fitness in Roseville, and Sysco Food Services Expansion in Sutter County. All personnel assigned to your project will have the necessary materials, resources, and training available to conduct plan reviews, including copies of applicable local amendments, policies, procedures, and forms.
ATTACHMENT 3
Item #5.1.
Page | 7
Fire Inspections
BV can place an experienced fire inspector for a single project or to augment existing staff to cover staff vacations and other leaves of absence. We can even provide all fire inspection on a daily basis. Systems and components we inspect include (but are not limited to):
• Fire sprinklers, including systems beginning at property line, as directed • Fire pumps
• Fire alarm systems
• Automatic suppression systems, including Halon, FM200, and CO2 • Hoods
• Duct extinguishing systems
• Exits
• Emergency lighting
• Voice evacuation systems
• Fire permit inspections
Additionally, we can provide regular inspections of all aspects of the fire permit requirements, whether annually, biannually, triennially, every five years, or any other length of time as mandated by the adopted codes.
ATTACHMENT 3
Item #5.1.
Page | 8
Attachment B1
Fee Schedule
SCHEDULE OF FEES
CITY OF CALISTOGA, PROFESSIONAL BUILDING OFFICIAL, PLAN CHECK AND BUILDING
INSPECTION SERVICES
Bureau Veritas’ pricing reflects our commitment to the success of your project by helping you maintain significant quality and cost saving benefits moving forward. Our rates include services for professional building official, plan check and building inspection services on an as-needed basis.
These include:
January 1, 2025 - June 30, 2025
• Reduced plan review turnaround times
• Implementation of established electronic plan review processes • Confidence of working with a well-established consultant in business for 195+ years
PLAN REVIEW FEES
1. 75% of the plan review fee charged by the city as per the City of Calistoga fee schedule.
Percentage includes the initial review plus 2 re-checks. Any additional reviews, revisions to approved plans, or extra scope will be charged at the hourly rates below.
ONSITE SERVICE FEES
Classification Billing Rates Notes
2. Building Official $145.00/hr.
$90,480.00
Assumes 3 days per
week support
3. Senior Inspector/Sr Code Enforcement $125.00/hr.
$52,000.00
Assumes 2 days
per week support
4. Fire Inspector $135.00/hr.
$ 7,500.00
Assumes up to 4
hours week support
AVAILABLE SERVICES AND HOURLY BILLING RATES
Classification Hourly Billing Rate
5. Senior/Structural Plan Check Engineer $155.00/hr.
6. Fire Marshal $155.00/hr.
7. Plan Check Engineer / Sr. ICC Plans Examiner $135.00/hr.
8. Fire Protection Engineer $165.00/hr.
9. CASp Plans Examiner / CASp Inspections $135.00/hr. / $150.00/hr.
10. ICC Plans Examiner $125.00/hr.
11. Fire Plans Examiner/Inspector $135.00/hr.
12 Project Inspector (IOR) $145.00/hr.- $155.00/hr.
13. Code Enforcement $115.00/hr.
14. Permit Technician $65.00 - $80.00/hr.
15. Admin / Clerical $55.00 - $70.00/hr.
• Fast track / Expedited plan reviews shall be an additional 1.5 times the fees shown above. • Overtime (OT) will be charged at 1.25 times the standard hourly rate; hours worked on a designated holiday will be charged at the appropriate OT rate. No overtime will be charged without approval. • Rates and cost estimates shown above exclude per diem, prevailing wage and union rates. Should these be applicable, BV will discuss and negotiate fees to account for increased personnel costs. • Hourly rate subject to annual adjustment in accordance with CPI from Engineering News Record(ENR) with the City’s prior approval.
• Mileage for employee-owned vehicles used in connection with the work will be at the current IRS rate. • Services to be invoiced monthly; plan review fee to be invoiced after initial review.
ATTACHMENT 3
Item #5.1.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Jan 14 2025
Subject: Measure T Approvals and Maintenance of Effort (MOE) DESCRIPTION:
1. Consideration of a Resolution Approving the Maintenance of Effort was met for Fiscal Year 2023/24 Under the Measure T Program. 2. Consideration of a Resolution Approving Certification of Equivalent Fund Expenditures under Measure T Program.
RECOMMENDATION:
Consider Adopting the Resolution
SUMMARY:
During the November 6, 2012, General Election the voters of Napa County approved a 1/2-cent sales tax increase known as Measure T (the Measure), the Napa Countywide Road Maintenance Act of 2012. The Measure became effective July 1, 2018, and was implemented and administered by the Napa Valley Transportation Authority – Taxing Authority (“NVTA-TA”). Tax proceeds are allocated among all local agencies within the County under a formula-based approach.
As approved by the voters, the Measure revenue is for maintenance and reconstruction of streets, roads, transportation infrastructure within the public right-of-way, associated administration and design costs, including but not limited to sidewalks, curbs and gutters, traffic signals, curb ramps, stormwater operations, lighting, traffic signage, stripping, local roadway drainage, and street staffing/equipment costs. The Measure is intended to complement, not replace, the City’s annual budgeted amount for street improvements.
ANALYSIS:
Per the Measure, the city is required to do the following:
Report the Maintenance of Effort (MOE) was spent in the previous fiscal year to the NVTA-TA for the duration of the Measure.
Commit eligible revenues totaling at least 6.67% of the value of the total annual allocations of Measure T Funds to Class 1 Bike Facility projects identified in the adopted Countywide Bicycle Plan.
Maintenance of Effort
The City Council approved the annual minimum amount of MOE of $287,001 by Resolution No. 2018-014. The city has met its obligation in fiscal year 23/24 and spent a total of $376,142 on street crew staffing costs.
Item #5.2.
Class 1 Bike Facilities
The city must demonstrate to NVTA-TA that they have committed eligible revenues totaling at least
6.67% of the value of the total annual allocations of Measure T funds to Class 1 Bike Facility Projects. The Measure T ordinance allows the agencies to set aside the annual 6.67% commitment until there are sufficient funds to complete a Class I Bike Project. Measure T revenues since the measure began are summarized below along with required 6.67% spending amounts:
Fiscal Year
(FY)
Measure T
Revenue
Class I
Required
Amount
Actual Class
I Expenditure Project Expense
FY 18/19 $530,162 $35,362
FY 19/20 $501,381 $33,442
FY 20/21 $550,281 $36,704
FY 21/22 $668,273 $44,574 $79,250 Vine Trail
FY 22/23 $687,914 $45,884 $242,000 Vine Trail
FY 23/24 $679,540 $45,325 $273,000 Vine Trail
TOTAL= $3,617,551 $241,291 $594,250
Two additional Class I projects for the Vine Trail were paid for by Calistoga in FY23/24 year totaling $273,000. On August 15, 2023, the City Council authorized Amendment No. 2 to provide additional funding of $133,000 for construction of Vine Trail Project. On April 30, 2024, the Council authorized Amendment No. 3 to provide an additional $140,000 to the Vine Trail Project.
The city has exceeded its total class I bike obligation and has spent a total of $594,250 on class I bike facilities which exceeds our total obligation.
FINANCIAL IMPACT:
There is no immediate financial impact as the MOE obligation of $287,001 was included in the FY 23/24 streets staffing costs under general fund Account No. 01-4122-4301, totaling $376,142 that meets the city’s obligation. The MOE obligation requires General Fund monies be used to support local street and road maintenance and operational programs.
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):
Measure T 2024 MOE Reso Attach 1
Measure T 2024 Bike Reso Attach 2
Exhibit A
APPROVAL(S):
Derek Rayner, Public Works Director/City Engineer Approved - Dec 26 2024 Connie Cardenas, Admin. Services Director Approved - Dec 30 2024 Laura Snideman, City of Calistoga | City Manager Approved - Jan 03 2025 Item #5.2.
Yudiana Galvan, City of Calistoga | City Clerk Approved - Jan 03 2025 Item #5.2.
RESOLUTION NO. 2025-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF
NAPA, STATE OF CALIFORNIA, APPROVING THAT MAINTENANCE OF EFFORT WAS MET FOR FISCAL YEAR 23/24 UNDER THE MEASURE T PROGRAM WHEREAS, on November 6, 2012, the voters of Napa County passed the Napa Countywide Road Maintenance Act, also known as Measure T, which imposes a half cent transaction and use (sales) tax to provide supplemental funding for road maintenance as detailed in the Measure T Expenditure Plan; and WHEREAS, the Napa Valley Transportation Authority is the designated agency that administers and oversees the Measure T revenues; and WHEREAS, the City of Calistoga is an eligible recipient of Measure T funds; and
WHEREAS, the tax proceeds will be used to pay for the projects outlined in the Measure T Expenditure Plan allocated to the County of Napa and the cities and town within Napa County (“Local Agencies”) as set forth in Measure T; and WHEREAS, under the Measure T Expenditure Plan, Measure T funds are provided to the Local Agencies to be used for street and road projects as defined in the Measure; and
WHEREAS, the City of Calistoga has entered into a Master Agreement with NVTA-TA that outlines procedures for Measure T expenditures; and WHEREAS, the City Council on February 20, 2018, approved the annual Maintenance of Effort in the amount of $287,001; and
WHEREAS, the “Maintenance of Effort” of the City of Calistoga must be maintained annually throughout the term of the Measure from the General Fund of the City of Calistoga; and
WHEREAS, by January 31st each calendar year, the City of Calistoga must certify “Exhibit A” and provide NVTA-TA a copy of supporting documentation as well as a Resolution approved by the governing body of the City of Calistoga, demonstrating that the Maintenance of Effort was met the prior fiscal year; and WHEREAS, Measure T project(s) will comply with the requirements under the California Environmental Quality Act (California Code Sections 21000 et seq.; as implemented through California Regulations Title 14, Chapter 3, Sections 15000 et seq).
Item #5.2.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY find the following:
1. Approves that the Maintenance of Effort in the amount of $287,001 included in the Public Works Streets Program budgeted for FY23/24, in General Fund Account Nos. 01-4122-4301, where a total of $376,142 was spent on street maintenance staff salaries that were used to meet the city’s obligation.
2. Approves that the Maintenance of Effort was met for Fiscal Year 23/24 and Authorizes the Public Works Director to report the amount to NVTATA.
PASSED, APPROVED AND ADOPTED this 14th day of January, 2025. 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 #5.2.
RESOLUTION NO. 2025-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF
NAPA, STATE OF CALIFORNIA, APPROVING CERTIFICATION OF EQUIVALENT
FUND EXPENDITURES UNDER MEASURE T PROGRAM AND AUTHORIZING THE
PUBLIC WORKS DIRECTOR OR DESIGNEE TO FILE THE AMOUNT
WITH NAPA VALLEY TRANSPORTATION AUTHORITY TAXING AUTHORITY (NVTA-TA)
WHEREAS, on November 6, 2012, the voters of Napa County passed the Napa Countywide Road Maintenance Act, also known as Measure T, which imposes a half cent transaction and use (sales) tax to provide supplemental funding for road maintenance as detailed in the Measure T Expenditure Plan; and WHEREAS, the Napa Valley Transportation Authority is the designated agency that administers and oversees the Measure T revenues; and WHEREAS, the City of Calistoga is an eligible recipient of Measure T funds; and WHEREAS, the tax proceeds will be used to pay for the projects outlined in the Measure T Expenditure Plan allocated to the County of Napa and the cities and town within Napa County (“Local Agencies”) as set forth in Measure T; and WHEREAS, under the Measure T Expenditure Plan, Measure T funds are provided to the Local Agencies to be used for streets and roads projects as defined in the Measure; and
WHEREAS, the City of Calistoga has entered into a Master Agreement with NVTA-TA that outlines procedures for Measure T expenditures; and WHEREAS, in order to receive funding under this Agreement, the Local Agencies must demonstrate to NVTA-TA that they have individually committed eligible revenues totaling at least 6.67% of the value of the total annual allocations of Measure T funds to Class 1 Bike Facility projects identified in the adopted Countywide Bicycle Plan; and WHEREAS, 6.67% o f the value of the total annual allocations of Measure T funds will be deemed the “Equivalent Fund Spending for Class I Bicycle Facilities” of the City of Calistoga, which must be maintained annually throughout the term of the Measure from the General Fund of the City of Calistoga; and
WHEREAS, the City of Calistoga has spent $273,000 to fund a Class I Bike Facility project in FY 23-24 which exceeds 6.67% of the value of the total annual allocations of Measure T funds; and
WHEREAS, the city has exceeded its total class I bike obligation of $241,291 from FY18/19 through FY23/24, and has spent a total of $594,250 on class I bike facilities which exceeds our total obligation; and
Item #5.2.
WHEREAS, by January 31st each calendar year, the City of Calistoga must certify to and provide NVTA-TA a copy of supporting documentation as well as a Resolution approved by the governing body of the City of Calistoga, demonstrating that the Equivalent Fund Class I Bicycle Facilities spending occurred during the prior fiscal year; and
WHEREAS, Measure T project(s) will comply with the requirements under the California Environmental Quality Act (California Code Sections 21000 et seq.; as implemented through California Regulations Title 14, Chapter 3, Sections 15000 et seq).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY find the following:
1. Approves the Class I Bicycle Facilities expenditures amount equivalent to
6.67% of the value of the total annual allocations of Measure T funds and this funding can be set aside and accumulated over multiple years to sufficiently fund a Class I Bike Facility project in future years.
2. Authorizes the Public Works Director or designee to file the amount of $273,000 for Calistoga’s Class I actual contributions in FY23/24 with NVTA-TA.
PASSED, APPROVED AND ADOPTED this 14th day of January, 2025. 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 #5.2.
EXHIBIT A
NVTA-TA Approved MOE $287,001
MOE Amount Certified for FY 2023-24 $376,142
MOE Amount Certified for FY 2022-23 $297,116
MOE Amount Certified for FY 2021-22 $287,001
3-Year Average MOE Amount FY 21-23 $320,086
Measure T funds Received in FY 2023-24 $679,540
Measure T funds Expended in FY 2023-24 $983,214
Measure T funds Balance in Account (as of 06/30/2024) $1,628,865 Measure T Maintenance of Effort (MOE) Certification for Fiscal Year 2023-2024
City of Calistoga
Item #5.2.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Yudiana Galvan, City of Calistoga | City Clerk
Meeting: City Council - Jan 14 2025
Subject: Adoption of Minutes
DESCRIPTION:
Adopting the Minutes of December 3, 2024.
RECOMMENDATION:
Consider Adopting the Minutes
FINANCIAL IMPACT:
No Impact
CEQA STATUS:
None
ATTACHMENT(S):
12.3.24 Minutes
APPROVAL(S):
Connie Cardenas, Admin. Services Director Approved - Dec 20 2024 Laura Snideman, City of Calistoga | City Manager Approved - Jan 03 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Jan 03 2025 Item #5.3.
MINUTES
CALISTOGA CITY COUNCIL - REGULAR MEETING
Tuesday, December 3, 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. ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS
2.1. There was no public comment.
3. CITY MANAGER’S REPORT
City Manager Snideman Reported:
1. Welcomed new hires - 2 part-time firemen and full-time CSO Adrian Cortez who started as a part-time police tech.
2. Snideman is very proud of the City's storm response - there were no major incidents, although we did get 15" of rain in 3 days and had to open EOC because the river rose 5' in 2 hours. A crew of 4 Public Works employees rotated 24/7 for 3 days and the Police did hourly bridge checks for debris blockages and any flooding.
3. Today is Giving Tuesday! City staff had a friendly competition and together donated about 400 items to the local food bank. However, they are still in need of cooking oil so if you are able please donate.
4. The Fire Department Toy Drive has started, they are accepting unwrapped toy donations at the fire station.
5. The Police Department is running two giving programs - a food donation and a Senior Giving Tree for providing gifts to Seniors, they are open for donations and applications to receive either of these.
6. We will be holding our Senior Holiday Dinner this Saturday noon - 2 p.m., contact Parks and Rec for more info.
7. The Lighted Tractor Parade is this Saturday, December 7th at 7 p.m.
8. The government has installed a Richter Scale in our town, a device for measuring earthquake activity.
9. The Art Center has donated work youth art to decorate City Hall, come see it!
4. PROCLAMATIONS/PRESENTATIONS/ AWARDS - NONE
5. CONSENT CALENDAR
5.1. Adopting the Consent Calendar
Motion by Mayor Williams and seconded by Councilmember Gift to adopt the Consent Calendar as presented Motion Carried
Item #5.3.
City Council Minutes
December 3, 2024
AYES: Mayor Williams, Councilmember Cooper,
Councilmember Eisenberg, Councilmember Gift, and
Vice Mayor Lopez-Ortega
NOES: None
ABSTAIN: None
ABSENT: None
5.2. Adoption of Resolution No. 2024-89 - Authorizing a P.O. in the amount of $80,502.37 with T&S Intermodal Maintenance, Inc. (Gordian), and authorizing a contingency of 10% for change orders not to exceed a total cost of $88,560 for exterior painting and repairing City Hall.
5.3. Adoption of Resolution No. 2024-90 - Authorizing the easement and grant deeds to Pacific Gas and Electric (PG&E) and Comcast for installation and operation of the Power and Communications Lines between the MicroGrid and PG&E Hub.
5.4. Adoption of Resolution No. 2024-91 - Accepting the FY 2023-24 Development Impact Fees Annual Report in Compliance with Assembly Bill 1600.
5.5. Adopted - Minutes of October 22, 2024 and November 12th and 19th, 2024.
6. PUBLIC HEARING
6.1. Ordinance amending Calistoga Municipal Code sections regulating peddling, soliciting, street vending, and mobile food vending.
This item was presented by Planning Director Greg Desmond and discussed by Council.
Public Comment was made by Dan Herndon.
Planning and Building Director Greg Desmond will take the Council's feedback and bring the item back to the Council for Introduction to the Ordinance.
6.2. Adopting City Administration, Cultural Recreation, Police Fire and Transportation Development Impact Fees
***THIS ITEM HAS BEEN CONTINUED TO THE NEXT REGULAR COUNCIL MEETING***
7. GENERAL GOVERNMENT
7.1. Adoption of Resolution No. 2024- 92 - Confirming the Mayor's appointments to the Active Transportation Committee, Green Committee, Housing Advisory Committee and the Planning Commission.
This item was discussed by the Council.
Item #5.3.
City Council Minutes
December 3, 2024
There was public comment by Emily Bucchianieri and Millie Pease.
Motion by Vice Mayor Lopez-Ortega and seconded by Mayor Williams to confirm the appointments to Green Committee and Housing Committee but replace Vaugh with Kaiser in the Planning Commission appointments, seconded by Mayor Williams Motion Carried
AYES: Mayor Williams, Councilmember Cooper, and Vice
Mayor Lopez-Ortega
NOES: Councilmember Eisenberg and Councilmember Gift
ABSTAIN: None
ABSENT: None
7.2. Adoption of Resolution No. 2024-93 - Consider Granting Consent to the County of Napa to Renew the Napa Valley Tourism Improvement District (NVTID) to Include the City of Calistoga.
This item was presented by Assistant City Manager Celaya and discussed by the Council.
NVTID Linsey Gallagher and John Lambath were present and answered Council questions.
There was public comment by Michael Lennin, George, G., Dave Elcheon, Rob Serini and Ed of NVTID, Wyatt Ferris, Eric Reichart and Patrick Egan.
Motion by Councilmember Gift and seconded by Councilmember Eisenberg to adopt the updated resolution recommending that the Board of Supervisors approve NVTID for renewal Motion Carried
AYES: Mayor Williams, Councilmember Cooper,
Councilmember Eisenberg, Councilmember Gift, and
Vice Mayor Lopez-Ortega
NOES: None
ABSTAIN: None
ABSENT: None
7.3. Discussion on Local Control of Lincoln Avenue/Hwy 29 Sidewalks.
This item was presented by Assistant City Manager Celaya and discussed by Council.
Public comment was made by Eric Reichart, Wyatt Ferris and Dan Herndon.
Motion by Councilmember Gift , not seconded, to have this item come back to Council with more clarity regarding cost, additional responsibilities and liabilities of the lease option and taking over the sidewalks option. Quorum Not Met Item #5.3.
City Council Minutes
December 3, 2024
AYES: Councilmember Gift
NOES: Mayor Williams and Councilmember Eisenberg
ABSTAIN: Councilmember Cooper and Vice Mayor Lopez-Ortega ABSENT: None
Staff was directed to gather more information in general about all possibilities and organize it for comparison at a future Council discussion.
7.4. The Napa County Board of Supervisors will be appointing a Napa County representative to the Metropolitan Transportation Commission and has requested to be notified if a Councilmember would like to be considered for nomination to serve on the Commission.
Council discussed this item. There is no interest for nomination by any Councilmember.
There was public comment by Charlotte Williams.
Motion by Mayor Williams and seconded by to submit Amber Manfree and Liz Alessio as nominees to the City Selection Committees Motion Carried AYES: Mayor Williams, Councilmember Cooper,
Councilmember Eisenberg, Councilmember Gift, and
Vice Mayor Lopez-Ortega
NOES: None
ABSTAIN: None
ABSENT: None
8. COUNCIL REPORTS
Councilmember Eisenberg reported that the Climate Action Committee did not meet, NVTA is moving forward to replace the director and discussed free transit.
Vice Mayor Lopez-Ortega was unable to attend Flood Control Meeting but did attend Casa de la Cultura's Senior Holiday Dinner and thanked all donors. Casa de la Cultura is willing to take over next year's Thanksgiving dinner.
Mayor Williams attended an NVTA meeting where there was a lot of discussion on fare-less riding, no decisions were made. He thanked Lopez-Ortega for participating at the Holiday Dinner. Williams reminded Council that regional appointments are coming up at the next meeting and asked they submit preferences if they wish. We lost Karen Versoza, a valuable member of our community, we will adjourn the meeting in her memory.
9. ADJOURNMENT
Item #5.3.
City Council Minutes
December 3, 2024
Mayor Williams adjourned the meeting, at 8:36 p.m.
Respectfully Submitted
Prepared by: Approved by:
_______________________ _____________________
Yudiana Galvan, City Clerk Donald Williams, Mayor
Item #5.3.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Rachel Stepp, Deputy City Manager
Meeting: City Council - Jan 14 2025
Subject: Police Department Mobile Routers
DESCRIPTION:
Consider adopting a resolution authorizing the City Manager to execute a contract with LEHR Auto for the purchase, configuration, and installation of six mobile routers into Police Department patrol vehicles, in an amount not to exceed $13,683.33.
RECOMMENDATION:
Consider Adopting the Resolution
SUMMARY:
The City’s Police Department patrol vehicles have Mobile Data Computers (MDCs) installed to allow officers to perform their sworn duties in a secure manner from the vehicles, and without needing to return to the Police Department to complete their work.
Three competitive bids were solicited from authorized suppliers, with LEHR Auto selected as providing the equipment and services at the lowest cost.
ANALYSIS:
Previous MDCs used internal cellular modems, limiting connectivity options. As part of the latest MDC upgrade project, the City will purchase and install Ericsson Cradlepoint IBR 920 mobile routers. This equipment will create and provide secure Wi-Fi networks for the patrol officers to use with their MDCs and other city-issued devices. The mobile routers can also be used with up to two different cellular carriers for resilient connections if needed.
Purchasing and installing the Ericsson Cradlepoint IBR 920 mobile routers will provide more flexibility for secure communications for all City-owned equipment located in and around the Police Department’s patrol vehicles.
The MDC replacement project included purchasing six new MDCs and keyboards for the patrol cars from Lehr Auto. The total amount spent was $26,673.49 for the MDC's and keyboards. This purchase coupled with the proposed routers brings the total purchase amount with Lehr Auto over the $30,000 signing authority threshold, requiring council approval.
FINANCIAL IMPACT:
The FY 2024-25 Budget contains sufficient funding in account 17-4975-4823 for the completion of this project.
Item #5.4.
CEQA STATUS:
The recommended action is not a project and therefore not subject to CEQA review.
ATTACHMENT(S):
LEHR Auto RESOLUTION
LEHR Auto PSA signed 20241213
Calistoga Modems w Install 50256
APPROVAL(S):
Connie Cardenas, Admin. Services Director Approved - Dec 30 2024 Laura Snideman, City of Calistoga | City Manager Approved - Jan 03 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Jan 03 2025 Item #5.4.
ATTACHMENT 1
RESOLUTION NO. 2024-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY
OF NAPA, STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH LEHR AUTO FOR THE PURCHASE,
CONFIGURATION AND INSTALLATION OF MOBILE ROUTERS.
WHEREAS, the City of Calistoga desires to provide secure communications systems for the performance of public safety and law enforcement activities; and WHEREAS, the City of Calistoga has received three quotations from authorized Ericsson Cradlepoint resellers; and
WHEREAS, the City has selected LEHR Auto as the lowest cost option for purchase, configuration and installation services; and
WHEREAS, a firm, fixed-price quote has been provided for these goods and services; and
WHEREAS, sufficient funding for the $13,683.33 project is included in the Fiscal Year 2024-2025 Budget;
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Calistoga as follows: that the Calistoga City Council hereby authorizes the City Manager to execute a contract between the City of Calistoga and LEHR Auto.
PASSED, APPROVED AND ADOPTED this Fourteenth day of January 2025. 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 #5.4.
- 1 -
OAK #4890-2776-3737v1 (Rev. 9/2021)
AGREEMENT FOR CONSULTANT SERVICES
This Agreement for Consultant Services (the "Agreement") is made and entered into this 7th day of January 2025, by and between THE CITY OF CALISTOGA, a municipal corporation (hereinafter referred to as "CITY") and LEHR UPFITTERS OPCO, 9240 Prototype Drive, Reno, NV 89521, a limited liability 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 the purchase of mobile routers and installation services in connection with the CITY’s Police Department vehicles; and WHEREAS, CONSULTANT is qualified to perform such services; and WHEREAS, CONSULTANT has agreed to provide CITY with such services on the terms and conditions set forth herein.
NOW, THEREFORE, for the considerations hereinafter set forth, CONSULTANT and CITY agree as follows:
ARTICLE 1 - SCOPE OF SERVICES
1.1. Scope of Work. CONSULTANT agrees to furnish the services set forth in quote 50256 included as Exhibit A, Scope of Work, which is attached hereto and incorporated herein (the "Services").
1.2. Compliance with Law. The Services shall be performed in accordance with all applicable federal, state and local laws, ordinances, rules, regulations and orders.
1.3. Time is of the Essence. CONSULTANT agrees to diligently prosecute the Services. In the performance of this Agreement, time is of the essence.
1.4. Professional Competence. CONSULTANT represents that it has the professional skills necessary to perform the Services and that it will perform the Services in a skillful and professional manner. CONSULTANT represents that it has all the necessary licenses to perform the Services and shall maintain them throughout the term of this Agreement.
CONSULTANT agrees that the Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged, in the same or similar geographical area in which CONSULTANT practices its profession, and will prepare all work products required by this Agreement in accordance with such standards. CITY and CONSULTANT agree that CONSULTANT is in responsible charge of the Services and CITY shall have no control over the method or means of performance of the Services. Acceptance by CITY of the Services does not operate as a release of CONSULTANT from professional responsibility for the Services performed.
Item #5.4.
- 2 -
OAK #4890-2776-373v1 (Rev. 9/2021)
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. 2.2.
Compensation. Compensation for the Services shall be in accordance with Exhibit B, Compensation, attached hereto and incorporated herein. It is agreed that the compensation for the Services shall not exceed $13,683.33 ("Cost Ceiling").
Invoices. CONSULTANT shall submit monthly invoices in a form satisfactory to CITY on or before the tenth day of each month for Services provided during the preceding month. CONSULTANT shall submit time and cost records as necessary to substantiate performance of the Services. Within 35 days after receipt of each such invoice, CITY Item #5.4.
- 3 -
OAK #4890-2776-373v1 (Rev. 9/2021)
shall verify the accuracy of the invoice, correct the charges where appropriate and as discussed and mutually agreed with CONSULTANT, and make payment to CONSULTANT in an amount equal to the amount of such invoice, as verified or corrected by CITY. No payment hereunder shall be construed as evidence of acceptance of any of CONSULTANT's work. CITY reserves the right to withhold payment from CONSULTANT on account of Services not performed satisfactorily, delays in CONSULTANT's performance of Services, or other defaults hereunder. CONSULTANT shall not stop or delay performance of the Services under this Agreement on account of payment disputes with CITY.
2.3. Status Reports. Together with each monthly invoice, CONSULTANT shall submit a status report detailing the amount expended on the Services to that date and the remaining amount to be expended before the Cost Ceiling is reached. CONSULTANT shall notify CITY in writing when payments have reached 90 percent of the Cost Ceiling.
2.4. Withholding. In lieu of holding retention, CITY shall withhold CONSULTANT's final payment until the Services are complete and CITY has received all Documents.
CONSULTANT shall diligently continue and complete performance of the Services if the Services are not complete at the time CONSULTANT has performed services up to the Cost Ceiling.
ARTICLE 3 - TIME OF PERFORMANCE
3.1. Effective Date. This Agreement shall become effective upon execution of the second signature and shall remain in full force and effect until the Services are completed (the "Term"). CONSULTANT agrees to complete all services by March 31, 2025.
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.
ARTICLE 4 - DESIGNATED CONTACTS
4.1. CITY Contact. CITY designates Rachel Stepp its Deputy City Manager 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.
Item #5.4.
- 4 -
OAK #4890-2776-373v1 (Rev. 9/2021)
4.2. CONSULTANT Contact. CONSULTANT designates Mike McGee as its contact, who shall have immediate responsibility for the performance of the Services and for all matters relating to performance under this Agreement. Any change in CONSULTANT's designated contact shall be subject to written approval by CITY.
ARTICLE 5 - INDEMNIFICATION AND INSURANCE
5.1. Indemnification. CONSULTANT shall, to the fullest extent allowed by law, with respect to claims, liability, loss, damage, costs, or expenses, including reasonable attorney's and expert witness fees, awards, fines, penalties, or judgments, arising out of or relating to the Services (collectively "Claims"), defend, indemnify, and hold harmless CITY, its Officials, officers, employees and agents (the "CITY Parties"), except to the extent the Claims are attributable to CITY Parties' gross negligence or willful misconduct. CONSULTANT shall defend the CITY Parties as required by California Civil Code Section 2778, and with counsel reasonably acceptable to those parties.
CONSULTANT shall have no right to seek reimbursement from the CITY Parties for the costs of defense.
If CONSULTANT is a “design professional,” as defined in California Civil Code Section 2782.8(c), CONSULTANT shall indemnify, defend, and hold the Indemnitees harmless against Liability only to the extent such Liability arises out of, pertains to, or relates to CONSULTANT’s negligence, recklessness, or willful misconduct. In such an event, the cost to defend charged to CONSULTANT shall not exceed CONSULTANT’s proportionate percentage of fault.
The obligations contained in this Section 5.1 shall survive the termination of this Agreement for whatever cause for the full period of time allowed by law and shall not in any way be limited by the insurance requirements of this Agreement.
5.2. Health and Safety. CONSULTANT may perform part of the Services at sites which contain unknown working conditions and contaminated materials. CONSULTANT shall be solely responsible for the health and safety of CONSULTANT's employees during the performance of the Services.
5.3. Insurance. CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency shall procure, provide and maintain at all times during the performance of this Agreement, and for such additional periods as described herein, the insurance listed below with insurers licensed to do business in the State of California and with a Best's rating of no less than A:VII.
A. Commercial Automobile Liability Insurance. Commercial Automobile Liability Insurance providing bodily injury liability and property damage, to protect against all liability arising out of the use of any owned, leased, passenger or commercial 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.
Item #5.4.
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OAK #4890-2776-373v1 (Rev. 9/2021)
B. Commercial General Liability Insurance. Commercial General Liability Insurance, with limits providing a minimum amount of $1,000,000 combined single limit coverage for each occurrence, $2,000,000 general aggregate and $2,000,000 products/completed operations aggregate. The insurance shall cover all operations including but not limited to the following: (1) premises, operations and mobile equipment liability; (2) completed operations and products liability; (3) contractual liability insuring the obligations assumed by CONSULTANT in this Agreement; (4) broad form property damage liability; (5) personal injury liability endorsement, including death; and (6) automobile bodily injury and property damage insurance, including all owned, hired and non-owned equipment.
C. Professional Liability Insurance. Professional Liability Insurance protecting against liabilities arising out of or in connection with negligent acts, errors, or omissions of CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency in connection with this Agreement, at a minimum amount of $1,000,000 combined single limit coverage and $1,000,000 aggregate, on a "claims made basis" with a continuation of coverage extension for liabilities for two years from the date the Services are substantially complete. Such professional liability policies shall include coverage for liability assumed by the CONSULTANT under this Agreement.
D. Workers Compensation Insurance. Workers Compensation insurance, occupational disease insurance and employer’s liability insurance shall be required with minimum limits as required by law, covering all workplaces involved in this Agreement.
E. Sexual Abuse or Molestation (“SAM”) Liability: If the work will include contact with minors, and the Commercial General Liability policy under Section 5.3(B) is not endorsed to include affirmative coverage for sexual abuse or molestation, CONSULTANT shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim.
F. 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);
Item #5.4.
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OAK #4890-2776-373v1 (Rev. 9/2021)
• 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.
G. 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.
H. Material Breach. If CONSULTANT fails to maintain insurance coverage or provided insurance documentation which is required pursuant to this Agreement, it shall be deemed a material breach of this Agreement. CITY, at its sole option, may terminate this Agreement and obtain damages from CONSULTANT resulting from said breach. Alternatively, CITY may purchase the required insurance coverage, and without further notice to CONSULTANT, may deduct from sums due to CONSULTANT any premium costs advanced by CITY for such insurance. These remedies shall be in addition to any other remedies available to CITY.
ARTICLE 6 - NOTICES
All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by facsimile or reputable overnight courier and shall be deemed received upon the earlier of: (1) if personally delivered, the date of delivery to the address of the person to receive such notice; (2) if delivered by Federal Express or other overnight courier for next business day delivery, the next business day; (3) if sent by facsimile, with the original sent on the same day by overnight courier, the date on which the facsimile is Item #5.4.
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OAK #4890-2776-373v1 (Rev. 9/2021)
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: Mike McGee
Phone: (925) 370-2144
Email: [email protected]
ARTICLE 7 - MISCELLANEOUS
7.1. Conflict of Interest Prohibition. CITY and CONSULTANT will comply with the requirements of the CITY’s Conflict of Interest Code adopted pursuant to California Government Code §87300 et seq., the Political Reform Act (California Government Code §81000 et seq.), the regulations promulgated by the Fair Political Practices Commission (Title 2, §18110 et seq. of the California Code of Regulations), California Government Code §1090 et seq., and any other ethics laws applicable to the performance of the Services and/or this Agreement. CONSULTANT may be required to file with the CITY Clerk a completed Form 700 before commencing performance of the Services unless the CITY Clerk determines that completion of a Form 700 is not required, pursuant to CITY’s Conflict of Interest Code. Form 700 forms are available from the CITY Clerk.
CONSULTANT may not perform Services for any other person or entity that, pursuant to any applicable law or regulation, would result in a conflict of interest or would otherwise be prohibited with respect to CONSULTANT’s obligations pursuant to this Agreement.
CONSULTANT agrees to cooperate fully with CITY and to provide any necessary and appropriate information requested by CITY or any authorized representative concerning potential conflicts of interest or prohibitions concerning CONSULTANT’s obligations pursuant to this Agreement.
Item #5.4.
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OAK #4890-2776-373v1 (Rev. 9/2021)
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.
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 Item #5.4.
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OAK #4890-2776-373v1 (Rev. 9/2021)
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. * * *
[Signatures on Next Page]
Item #5.4.
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OAK #4890-2776-373v1 (Rev. 9/2021)
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.
CITY OF CALISTOGA
By: Date:
Laura Snideman, City Manager
CONSULTANT
By: Date:
By: Date:
Attest
By:
Yudiana Galvan, City Clerk
Approved As To Form
By:
Michelle Marchetta Kenyon, City Attorney
Item #5.4.
OAK #4823-2508-6159 v2
EXHIBIT A
SCOPE OF WORK
Item #5.4.
OAK #4823-2508-6159 v2
EXHIBIT B
Compensation
CITY shall pay CONSULTANT for the Services on a cost reimbursement basis, up to the Cost Ceiling (as defined in Section 2.1 of the Agreement). CONSULTANT agrees to use appropriate methods to contain its fees and costs under this Agreement. Compensation shall include only the following costs, which shall all count toward the Cost Ceiling:
1. Direct Labor
Direct labor costs shall be the total number of hours worked on the job by each employee times the agreed hourly rate for such employee's labor as set forth on the attached Exhibit B-1. CITY will pay all personnel at their regular straight-time rate, including any work performed on overtime or on holidays or weekends.
2. Subconsultant Costs
Subconsultant services shall be billed at cost plus a 10 percent markup. CONSULTANT shall provide a copy of each subconsultant's invoice for which it seeks payment from CITY with any invoice in which such payment is requested.
3. Other Direct Costs
The following categories of costs are eligible for reimbursement, which shall be made at the actual cost to CONSULTANT without any additional mark-up:
a. Reasonable living and traveling expenses of employees when away from home office on business in its prosecution of the Services. CONSULTANT must have prior approval of CITY to be reimbursed for these expenses.
b. Automobile expenses for personal vehicle use, if necessary, at the IRS approved mileage rate.
c. Reproduction of drawings and specifications by CONSULTANT as required under this Agreement, at rates prevailing in this community for bulk reproduction or at other reasonable rates approved by CITY.
d. Special overnight delivery or messenger services.
Payments to CONSULTANT for reimbursable costs/expenses will be made only after the specific costs/expenses have been incurred and CONSULTANT has submitted substantiating documentation, such as copies of paid invoices or other documentation confirming that such costs/expenses have been incurred.
Item #5.4.
OAK #4823-2508-6159 v2
EXHIBIT B-1
Item #5.4.
Item No. Description Quantity Unit Price Total Price
MA03-0920-C7A-NA Cradlepoint, 3YR Netcloud Mobile Essentials Plan & R920 Router w/ Wifi 6 996.00 5,976.00 LGMM-EXT-R-SLT Panorama LGMM Thick Or Ribbed Panel Adapter 6 35.615 213.69 LP-IN1958-B Panorama Antenna 6 296.04667 1,776.28
TT Travel Time / Field Service Charge/Round Trip 1 600.00 600.00 TRAVEL , Travel/Overnite/Hotel/Food Expense 1 600.00 600.00 FL Field Labor Charges 6 650.00 3,900.00
13,683.33
617.36
13,065.97
Total:
Total Sales Tax:
Subtotal:
5,100.00
7965.97
Amount Exempt from Sales Tax
Amount Subject to Sales Tax
Page:
Document Date:
Quote Number:
Sales Quote
To:
Ship
SalesPerson
Ship Via Customer ID
To:
Sell
50256
Mike McGee
81078
Phone:
Calistoga, CA 94515
1235 Washington Street
Scott Sanders
Calistoga Police Department
Phone: 707-945-2810
Calistoga, CA 94515
1235 Washington Street
Scott Sanders
Calistoga Police Department
Phone: 831-634-1600 Fax: 831-634-1602
1590 Lana Way #7 Hollister, CA 95023-2552
11/4/2024
1 Tax Ident. Type Legal Entity
Vehicle Information:
Terms: Net 30
Payment Method:
Item #5.4.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Mitch Celaya, Assistant City Manager
Meeting: City Council - Jan 14 2025
Subject: Napa Valley Transporation Authority Shuttle Services DESCRIPTION:
Consider adopting a Resolution authorizing the renewal of the Napa Valley Transportation Authority (NVTA) Agreement with the City of Calistoga to provide Calistoga Shuttle Services for a five-year time period.
RECOMMENDATION:
Consider Adopting the Resolution
SUMMARY:
In June 2015, the city entered into a three-year Agreement with the Napa Valley Transportation Authority (NVTA) to establish responsibilities for both parties relative to the funding and providing public transit and shuttle services in Calistoga. The cost to Calistoga in this agreement was $2,500 per quarter. This agreement was renewed June of 2018. The 2018 Agreement described service and quarterly costs remained the same but an additional annual $5,000 capital improvement cost was added for future vehicle replacement.
The current Agreement expired on June 30, 2024. The proposed renewal Agreement is for the same level of service over a five-year time period, July 1, 2024 to June 30, 2029 with automatic extensions based upon mutual agreement of both parties (see attached Agreement). The overall costs remain the same, a quarterly cost of $2,500 and an annual capital cost of $5,000 for the future vehicle replacement.
The City's share of the cost of the shuttle services in the amount of $10,000 per year ($2,500 per quarter) assists in funding the operation, management, marketing activities and materials, bus stop maintenance, administration, and ridership information for the shuttle service.
NVTA per the agreement will provide for the following:
1) Facilities, vehicles, and equipment.
2) Regular and ongoing maintenance of vehicles.
3) Materials and supplies.
4) Management and operation of shuttle services.
5) Marketing materials and activities.
6) Bus stop maintenance.
7) Funding, administration, and monthly reporting.
8) Management of contracted third party operational services.
Item #5.5.
9) Licenses and permits.
In addition, NVTA will continue the door-to-door service for days and hours shown in Exhibit A in the attached Agreement.
Adjustment of shuttle services are subject to mutual agreement of both parties and may be adjusted throughout the term of the Agreement to better serve the needs of passengers. Either party may recommend a change or modification of service criteria such as route changes, fares, hours of operation etc. in writing during the Agreement period. The Agreement may be terminated at any time by mutual agreement between the NVTA and the city and/or at any time by either party without cause by delivering a written notice to the other party at least 90 days in advance of the proposed date of termination.
ANALYSIS:
The NTVA shuttle services provided to Calistoga has been a benefit to the city, providing a vital service to both the community and visitors.
FINANCIAL IMPACT:
The costs for the Shuttle are already included in the FY 2024-2025 Budget with $15,000 for shuttle service operations and the vehicle replacement capital improvement contribution.
CEQA STATUS:
Not Applicable
ATTACHMENT(S):
NVTA Shuttle Servcies Agreement Renewal Resolution 011425 2024 NVTA Agreement
APPROVAL(S):
Connie Cardenas, Admin. Services Director Approved - Jan 02 2025 Laura Snideman, City of Calistoga | City Manager Approved - Jan 03 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Jan 03 2025 Item #5.5.
RESOLUTION NO. 2025–XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA AUTHORIZING
THE CITY MANAGER TO REVEW THE NAPA VALLEY TRANSPORTATION
AUTHORITY SHUTTLE SERVICES AGREEMENT
WHEREAS, the Napa Valley Transportation Authority (NVTA) operates the Calistoga Shuttle services to provide local transportation for a fee: and WHEREAS, City has had an Agreement with NVTA to operate a Calistoga shuttle services since 2015; and
WHEREAS, the current shuttle services Agreement expired on June 30, 2024; and WHEREAS, City and NVTA desire to renew the Shuttle Services Agreement for a five-year term; and
WHEREAS, City agrees to pay NVTA $10,000 per year toward this service for a fiveyear term; and WHEREAS, City agrees to pay NVTA $5,000 per year toward future vehicle and equipment replacement needs for a five-year term.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Calistoga that the City Manager is hereby authorized to renew the Napa Valley Transportation Authority Shuttle Services Agreement with the City of Calistoga for $15,000 per year of the five-year term of the Agreement; and
BE IT FURTHER RESOLVED that all terms, conditions, and covenants of said Agreement be, and the same are, hereby approved, ratified, and confirmed.
PASSED, APPROVED AND ADOPTED this 14th day of January 2025. 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:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ ___________________________
Yudiana Galvan, City Clerk Donald Williams, Mayor
Item #5.5.
NADA VALLEY TRANSPORTATION AUYNORIYV
AGREEMENT
between
NAPA VALLEYTRANSPORTATIONAUTHORITY(“NVTA”)
Agreement No. 24-C37
and
CITY OF CALISTOGA
This AGREEMENT (herein after referred to as “Agreement”)is made and entered into as of this ? day of July, 2024 between the NAPAVALLEYTRANSPORTATIONAUTHORIT Y (hereinafter referred to as “NVTA"),and the City of Calistoga, whose mailing address is 1232 Washington Street, CA 94515 (hereinafter referred to as "CITY",and collectively referred to as the "Parties");
RECITALS
WHEREAS, NVTA, through a prior agreement with the CITY, has been providing transit services for the City of Calistoga, California; and WHEREAS, the parties desire to enter into a new Agreement to allow NVTA to provide the CITY with the services as set forth in this Agreement, effective July 1, 2024 (“Effective Date”) and willcontinue through June 30, 2029 with automatic extensions based upon mutual agreement of both parties.
TERMS
NOW, THEREFORE, the Parties do hereby agree as follows:
1. Responsibilities of the Parties
A. NVTA, each year, will provide a fiscal year budget to the CITY. NVTAwill invoice the CITY, each quarter, $2,500 for the farebox. Invoice payments are due no later than 30 days from invoice date.
YEARS1 - 5 A. QUARTERLY
July 1, 2024 - June 30, 2029 FAREBOX
TOTAL
1. Q1 $2,500
2. Q2 $2,500
3. Q3 $2,500
4. Q4 $2,500
Item #5.5.
B. NVTA has established a local contribution capital fund to help cover the cost of new shuttles. The CITY shall contribute $5,000 each fiscal year which will be added to the Quarter 1 invoice. The capital fund contribution amount serves as local matching funds and is utilized when NVTA purchases new vehicles for use in the CITY. The type and size of the replacement vehicle will be agreed upon by NVTA and CITY staff and willadhere to NVTA’s Vine branding requirements.
C NVTAwill manage and operate transit services to serve the public of the City of Calistoga by providing service hours on days and hours most responsive to public benefit and demand. There willbe no shuttle service provided on the days below, unless arranged with NVTA at least 30 days in advance. Services will be charged to the CITY separate from this agreement, at NVTA’s usual and customary rates.
NO SHUTTLE SERVICE PROVIDED
January lst New Years Day
May 26th Memorial Day
July 4th Independence Day
September 1St Labor Day
Last Thursday of November Thanksgiving Day
December 25th Christmas Day
D. NVTAprovides the following
1. Facilities (unless other arrangements have been made), vehicles and equipment (including a two—way radio or cell phones for the vehicles) Regular and ongoing maintenance of vehicles
Materials and supplies
Management and operation of shuttle services
Marketing materials and activities
a. Pamphlets and schedules delivered to City Hall
Bus stop maintenance
Funding, administration and monthly reporting
a. Monthly Ridership Reports to City Manager and the Public Works Director upon request
Management of contracted third-party operational services Licenses and Permits
NF” 91??!“ $°9°
E NVTAwilloperate service as a demand-responsive, door-to-door service provider during service hours within the designated service area as shown in EXHIBITA.
NVTAwillrespond to call-in-trip requests on a first-call, first-serve basis. Trips wil l be grouped for efficiency, and reservations made in advance or beyond the same day will not be accepted. NVTAalso has an automated dispatch system that gives
Item #5.5.
remains
yea
customers the ability to make reservations using a cellphone application or when using the Web. The goal of the automated dispatch system is to enhance customer service by improving the predictability of the demand-response service. . Term of the Agreement.
The term of this agreement begins on the “Effective Date” on Page 1 and effective for five (5) rs to June 30. 2029. unless amended, extended, or terminated pursuant to the terms of this Agreement
. Indemnity.
Each party hereto shall indemnify, defend, and hold harmless the other party, its elected or appointed governing body, officers, agents, representatives, and employees from and against any and all actions, claims, demands, losses, damages, liabilities, costs, and expenses, including reasonable attorney’s fees and costs arising out of, or resulting from, any act or omission of the indemnifying party in the performance of this Agreement. The provisions of this Section shall survive the expiration, termination, or assignment of this Agreement. . Termination
This Agreement may be terminated as follows:
A. By mutual agreement of the NVTA and CITY.
B. By either party at any time, without cause, by delivering written notice to the other party at least 90 days in advance of the proposed date of termination.
C. Ifthe Agreement is terminated pursuant to this Section, neither party may nullif y
obligations already incurred for performance of services prior to the date of notice or required to be performed through the effective date of termination. Any notice of termination will incorporate necessary transition arrangements, and the Parties wil l comply with all such arrangements. Payments, ifany, willbe made pursuant to Section 1A and 1B of this Agreement and the City will pay the invoice or receive a credit for services rendered through the termination date. This provision shall survive the termination of this Agreement.
. Entire Agreement
This Agreement contains the entire agreement of the Parties and supersedes any other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith.
. Applicable Law
Item #5.5.
The laws of the United States and the State of California will govern this Agreement.
6. Modifications
No changes, amendments, or alterations to this Agreement will be effective unless in writing and signed by the Parties.
7 Insurance
Through its third-party purchase transportation provider, NVTAshall maintain a policy or polices of insurance, with a solvent and responsible company authorized to do business in the State of California, insuring NVTAagainst loss by reason of injury or damage that may result to persons or property from operations or construction of such transportation service, or any other cause connected with the service provided under the term of this Agreement. Said policy shall be a minimum of five million dollars ($5,000,000) per incident, including appropriate general liabilityand auto liability. Said policy shall name CITYas additional insured and shall provide 30 days prior notice to CITY of the cancellation of any policy during the effective period of this agreement.
Upon request, NVTAwillprovide CITYwith a copy of the Certificate of Insurance with the additional insured endorsement.
8 Notices
Any mailed notice, demand, request, consent, approval or communication that either party desires to give to the other party shall be addressed to the other party at the addresses set forth below. Any notice sent by mail in the manner prescribed by this paragraph will be deemed to have been received on the dated noted on the return receipt. Changes may be made in the names and addresses of the person to who notices are to be given by giving notice pursuant to this Paragraph.
To NVTA: Executive Director To CITY City Manager
Napa Valley Transportation City of Calistoga
Authority 1232 Washington Street
625 Burnell Street Calistoga, CA 94515
Napa, CA 94559
9. Access to Records / Retention
NVTA and CITY will have access to any books, documents, papers and records of each other, which are directly pertinent to the subject matter of this Agreement for the purpose of making audit, examination, excerpts and transcriptions. Except where longer retention is required by any federal or state law, NVTA and CITY willmaintain all required records for at least five (5) years after all pending matters are closed.
Item #5.5.
10. Severability
If any provision of this Agreement, or any portion thereof, is found by any court of competent jurisdiction to be unenforceable or invalid for any reason, such provision shall be severable and shall not in any way impair the enforceability of any other provision of this Agreement.
. Adjustments to Service
Subject to the mutual agreement of the Parties, the transit service may be adjusted throughout the term of this contract to better service the needs of passengers. NVTA or CITY may recommend a change or modification of service criteria. Modifications may include, but are not limited to, adding or deleting service areas; changing service types; modifying or eliminating time points; increasing, decreasing or changing operating hours; and expanding or decreasing vehicle service hours and/or days. In all cases, the NVTAExecutive Director and City Manager or designee(s) willagree to said changes in writing prior to (a) approval by the NVTA Board, and (b) implementation of the adjustment to Service.
12. License and Permits
NVTA, or its subcontractor, will procure at its expense, all licenses and permits as required by federal, state or local laws, rules and regulations for the performance of its obligations under this Agreement, and willcomply with all applicable laws, rules or regulations in performing its obligations hereunder.
Item #5.5.
IN WITNESS WHEREOF, NVTAand City Calistoga have executed this Agreement on the day of , day of .
“NVTA” "CITY"
NVTA, a joint powers authority organized City of Calistoga under the laws of the State of California
Kate Miller, Executive Director Laura Snideman, City Manager Approved as to Form
By BY
Osman Mufti, NVTA Legal Counsel , City Counsel
Item #5.5.
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Item #5.5.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Sheli Wright, Fairgrounds Revitalization Director Meeting: City Council - Jan 14 2025
Subject: Enter into a Consultant Agreement with FM3 Reasearch for a statistically valid survey of the community needs and desires for the fairground's property use.
DESCRIPTION:
Consider Adopting a Resolution Authorizing the City Manager to enter into a consultant agreement with FM3 Research to develop and deliver a statistically valid survey.
RECOMMENDATION:
Consider Authorizing the City Manager/Staff to Enter into the Agreement SUMMARY:
On November 19, 2024, the City Council requested that staff return with a proposal for a statistically valid survey, developed bilingually in English and Spanish, that assesses the needs and goals of the community for the newly acquired fairgrounds property. Staff estimated that this type of survey would cost between $30,000-$40,000.
ANALYSIS:
Staff received three proposals from experienced agencies specializing in public policy-oriented opinion research. An independent panel evaluated the proposals based on established criteria.
Companies were ranked on their history, experience, qualifications, scope of work, and pricing.
FM3 (Fairbank, Maslin, Maullin, Metz and Associates) was determined to be the highest ranking and best fit for this particular survey regarding the use and goals of the community for the fairgrounds.
FM3 proposes to implement a bilingual survey that will include a dual-mode structure, utilizing both cellular & landline telephone contacts. The survey will consist of the following elements and structure:
1. 400 contacts of adult Calistoga residents
2. Invitations to interviewees by telephone, email, text, and mail postcard
3. An interview time of no more than 15 minutes
3. A margin of error of 4.9% for the sample of 400 interviews
4. A complete analysis of the survey results
5. A presentation of the results at a future City Council meeting.
This proposal is $38,000, which is in the mid-range of the proposals for both price ($98.00 per contact) and interview contacts (ranging from a proposed 250-475 contacts).
Item #5.6.
FINANCIAL IMPACT:
Total compensation for services provided shall not exceed Thirty-Eight Thousand Dollars ($38,000). Expenses were not identified in the FY 24-25 budget, and it is proposed that this expense be authorized to fund balance #10 .
CEQA STATUS:
No CEQA review is required.
ATTACHMENT(S):
Resolution FM3 Reasearch Fairgrounds Survey
Consultant Services Agreement for FM3 - signed
APPROVAL(S):
Connie Cardenas, Admin. Services Director Approved - Jan 02 2025 Rachel Stepp, Deputy City Manager Approved - Jan 02 2025 Laura Snideman, City of Calistoga | City Manager Approved - Jan 03 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Jan 06 2025 Item #5.6.
RESOLUTION NO. 2025-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF
NAPA, STATE OF CALIFORNIA, AUTHORIZING THE EXECUTION OF A
CONSULTANT SERVICES AGREEMENT WITH FAIRBANKS, MASLIN, MAULLIN, METZ AND ASSOCIATES, INC., CORPORATION, DBA FM3 RESEARCH WHEREAS, the Calistoga City Council has identified the need to complete a statistically valid survey to determine the needs and interest in the use of the newly acquired fairgrounds property at 1435 N. Oak Street; and WHEREAS, the project is exempt from the provisions of the California Environmental Quality Act pursuant to Title 14, the California Code of Regulations, Section 15303(c); and
WHEREAS, staff solicited bids from three research companies and Fairbanks, Maslin, Maullin, Metz and Associates, INC., DBA FM3 Research was selected by staff panel as the top ranking proposal; and
WHEREAS, staff have determined that Fairbanks, Maslin, Maullin, Metz and Associates, INC., DBA FM3 Research possess the required experience and expertise for this type work and is otherwise qualified to perform the work in accordance with the contract documents; and
NOW, THEREFORE BE IT RESOLVED that the Calistoga City Council hereby authorizes the City Manager to execute a Consultant Services Agreement with Fairbanks, Maslin, Maullin, Metz and Associates, INC., DBA FM3 Research and further authorizes the payment of invoices for services rendered in the amount of thirty-eight thousand, dollars ($38,000 “cost ceiling”).
PASSED, APPROVED AND ADOPTED this 14th day of January, 2025.
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 #5.6.
OAK #4823-2508-6159 v2
AGREEMENT FOR CONSULTANT SERVICES
This Agreement for Consultant Services (the "Agreement") is made and entered into this ____________ day of ________, 2025, by and between THE CITY OF CALISTOGA, a municipal corporation (hereinafter referred to as "CITY") and Fairbanks, Maslin, Maullin, Metz and Associates, INC., Corporation, DBA FM3 (hereinafter referred to as "CONSULTANT").
CITY and CONSULTANT may be referred to individually as “Party” and collectively as the “Parties.”
RECITALS
WHEREAS, CITY requires a statistically valid survey in both English and Spanish for the community needs and desires for the recently acquired fairgrounds located at 1435 N Oak Steet;
WHEREAS, CONSULTANT is qualified to perform such services; and WHEREAS, CONSULTANT has agreed to provide CITY with such services on the terms and conditions set forth herein.
NOW, THEREFORE, for the considerations hereinafter set forth, CONSULTANT and CITY agree as follows:
ARTICLE 1 - SCOPE OF SERVICES
1.1. Scope of Work. CONSULTANT agrees to furnish the services set forth in Exhibit A, Scope of Work, which is attached hereto and incorporated herein (the "Services").
1.2. Compliance with Law. The Services shall be performed in accordance with all applicable federal, state and local laws, ordinances, rules, regulations and orders.
1.3. Time is of the Essence. CONSULTANT agrees to diligently prosecute the Services. In the performance of this Agreement, time is of the essence.
1.4. Professional Competence. CONSULTANT represents that it has the professional skills necessary to perform the Services and that it will perform the Services in a skillful and professional manner. CONSULTANT represents that it has all the necessary licenses to perform the Services and shall maintain them throughout the term of this Agreement.
CONSULTANT agrees that the Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged, in the same or similar geographical area in which CONSULTANT practices its profession, and will prepare all work products required by this Agreement in accordance with such standards. CITY and CONSULTANT agree that CONSULTANT is in responsible charge of the Services and CITY shall have no control over the method or means of performance of the Services. Acceptance by CITY of the Services does not operate as a release of CONSULTANT from professional responsibility for the Services performed.
Item #5.6.
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 Exhibit B, Compensation, attached hereto and incorporated herein. It is agreed that the compensation for the Services shall not exceed $ 38,000 ("Cost Ceiling").
2.2. Invoices. CONSULTANT shall submit monthly invoices in a form satisfactory to CITY on or before the tenth day of each month for Services provided during the preceding month. CONSULTANT shall submit time and cost records as necessary to substantiate performance of the Services. Within 35 days after receipt of each such invoice, CITY shall verify the accuracy of the invoice, correct the charges where appropriate and as Item #5.6.
discussed and mutually agreed with CONSULTANT, and make payment to CONSULTANT in an amount equal to the amount of such invoice, as verified or corrected by CITY. No payment hereunder shall be construed as evidence of acceptance of any of CONSULTANT's work. CITY reserves the right to withhold payment from CONSULTANT on account of Services not performed satisfactorily, delays in CONSULTANT's performance of Services, or other defaults hereunder. CONSULTANT shall not stop or delay performance of the Services under this Agreement on account of payment disputes with CITY.
2.3. Status Reports. Together with each monthly invoice, CONSULTANT shall submit a status report detailing the amount expended on the Services to that date and the remaining amount to be expended before the Cost Ceiling is reached. CONSULTANT shall notify CITY in writing when payments have reached 90 percent of the Cost Ceiling.
2.4. Withholding. In lieu of holding retention, CITY shall withhold CONSULTANT's final payment until the Services are complete and CITY has received all Documents.
CONSULTANT shall diligently continue and complete performance of the Services if the Services are not complete at the time CONSULTANT has performed services up to the Cost Ceiling.
ARTICLE 3 - TIME OF PERFORMANCE
3.1. Effective Date. This Agreement shall become effective upon execution of the second signature and shall remain in full force and effect until the Services are completed (the "Term"). CONSULTANT agrees to complete all services by June , 2025.
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.
ARTICLE 4 - DESIGNATED CONTACTS
4.1. CITY Contact. CITY designates Sheli Wright, its Fairgrounds Revitalization 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 Lucia Del Puppo as its contact, who shall have immediate responsibility for the performance of the Services and for all Item #5.6.
matters relating to performance under this Agreement. Any change in CONSULTANT's designated contract shall be subject to written approval by CITY.
ARTICLE 5 - INDEMNIFICATION AND INSURANCE
5.1. Indemnification. CONSULTANT shall, to the fullest extent allowed by law, with respect to claims, liability, loss, damage, costs, or expenses, including reasonable attorney's and expert witness fees, awards, fines, penalties, or judgments, arising out of or relating to the Services (collectively "Claims"), defend, indemnify, and hold harmless CITY, its Officials, officers, employees and agents (the "CITY Parties"), except to the extent the Claims are attributable to CITY Parties' gross negligence or willful misconduct. CONSULTANT shall defend the CITY Parties as required by California Civil Code Section 2778, and with counsel reasonably acceptable to those parties.
CONSULTANT shall have no right to seek reimbursement from the CITY Parties for the costs of defense.
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.
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 Item #5.6.
insurance listed below with insurers licensed to do business in the State of California and with a Best's rating of no less than A:VII.
A. Commercial Automobile Liability Insurance. Commercial Automobile Liability Insurance providing bodily injury liability and property damage, to protect against all liability arising out of the use of any owned, leased, passenger or commercial automobile at a minimum amount of $1,000,000 combined single limit and $2,000,000 aggregate. Coverage shall apply to hired and non-owned autos.
B. Commercial General Liability Insurance. Commercial General Liability Insurance, with limits providing a minimum amount of $1,000,000 combined single limit coverage for each occurrence, $2,000,000 general aggregate and $2,000,000 products/completed operations aggregate. The insurance shall cover all operations including but not limited to the following: (1) premises, operations and mobile equipment liability; (2) completed operations and products liability; (3) contractual liability insuring the obligations assumed by CONSULTANT in this Agreement; (4) broad form property damage liability; (5) personal injury liability endorsement, including death; and (6) automobile bodily injury and property damage insurance, including all owned, hired and non-owned equipment.
C. Professional Liability Insurance. Professional Liability Insurance protecting against liabilities arising out of or in connection with negligent acts, errors, or omissions of CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency in connection with this Agreement, at a minimum amount of $1,000,000 combined single limit coverage and $1,000,000 aggregate, on a "claims made basis" with a continuation of coverage extension for liabilities for two years from the date the Services are substantially complete. Such professional liability policies shall include coverage for liability assumed by the CONSULTANT under this Agreement.
D. Workers Compensation Insurance. Workers Compensation insurance, occupational disease insurance and employer’s liability insurance shall be required with minimum limits as required by law, covering all workplaces involved in this Agreement.
E. Sexual Abuse or Molestation (“SAM”) Liability: If the work will include contact with minors, and the Commercial General Liability policy under Section 5.3(B) is not endorsed to include affirmative coverage for sexual abuse or molestation, CONSULTANT shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim.
F. 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:
Item #5.6.
• 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.
G. 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.
H. Material Breach. If CONSULTANT fails to maintain insurance coverage or provided insurance documentation which is required pursuant to this Agreement, it shall be deemed a material breach of this Agreement. CITY, at its sole option, may terminate this Agreement and obtain damages from CONSULTANT resulting from said breach. Alternatively, CITY may purchase the required insurance coverage, and without further notice to CONSULTANT, may deduct from sums due to CONSULTANT any premium costs advanced by CITY for such insurance. These remedies shall be in addition to any other remedies available to CITY.
Item #5.6.
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: Curtis Below
1999 Harrison St., STE 2020
Oakland, CA 94612
Phone: 510-451-9521
Facsimile: 510-451-0384
Email: [email protected]
ARTICLE 7 - MISCELLANEOUS
7.1. Conflict of Interest Prohibition. CITY and CONSULTANT will comply with the requirements of the CITY’s Conflict of Interest Code adopted pursuant to California Government Code §87300 et seq., the Political Reform Act (California Government Code §81000 et seq.), the regulations promulgated by the Fair Political Practices Commission (Title 2, §18110 et seq. of the California Code of Regulations), California Government Code §1090 et seq., and any other ethics laws applicable to the performance of the Services and/or this Agreement. CONSULTANT may be required to file with the CITY Clerk a completed Form 700 before commencing performance of the Services unless the CITY Clerk determines that completion of a Form 700 is not required, pursuant to CITY’s Conflict of Interest Code. Form 700 forms are available from the CITY Clerk.
CONSULTANT may not perform Services for any other person or entity that, pursuant to any applicable law or regulation, would result in a conflict of interest or would otherwise be prohibited with respect to CONSULTANT’s obligations pursuant to this Agreement.
Item #5.6.
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.
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.
Item #5.6.
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. * * *
[Signatures on Next Page]
Item #5.6.
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:
Curtis Below, COO
Attest
By:
Yudiana Galvan, City Clerk
Approved As To Form
By:
Michelle Marchetta Kenyon, City Attorney
Curtis Below (Jan 3, 2025 12:30 PST)
Curtis Below
Item #5.6.
EXHIBIT A
SCOPE OF WORK
A dual-mode survey of Calistoga’s adult residents will be conducted. The survey will be available online and via phone and residents will be contacted via postcard, text message, email and phone call. The written outreach will be branded with the City of Calistoga’s logo and can include a contact person to reassure respondents of the legitimacy of the survey outreach. By offering the survey in multiple modes and in both English and Spanish, we can ensure that it is as inclusive as possible and offers residents the opportunity to participate in the way that is most convenient to them. At the same time, the survey sample will be random and representative of the demographics of the City, aligning with Census data. We propose aiming to reach up to 400 residents (which allows for a margin of error below 5%).
Methodology Dual-mode survey using a combination of telephone (cellular and landline) and online interviews
Contact Methods Telephone calls, email invitations, text invitations, and postcard invitations Sample 400 adult Calistoga residents
Margin of
Sampling Error*
±4.9% for a sample of 400 interviews
*At the 95% confidence level (i.e., in 95 out of 100 cases) Survey Length 15 minutes
Language(s) English and Spanish
Deliverables Following the completion of the survey, we will provide:
• A questionnaire with the topline results of the survey for easy reference • A complete set of crosstabs in an easy-to-read, comprehensive format • Verbatim responses to any open-ended questions
• A complete analysis of survey results in PowerPoint
• A presentation of the survey results at City Council
FM3 will also be available for ongoing consultation and any further analysis ofthe research.
Item #5.6.
EXHIBIT B
Compensation
CITY shall pay CONSULTANT for the Services on a cost reimbursement basis, up to the Cost Ceiling (as defined in Section 2.1 of the Agreement). CONSULTANT agrees to use appropriate methods to contain its fees and costs under this Agreement. Compensation shall include only the following costs, which shall all count toward the Cost Ceiling:
1. Direct Labor
Direct labor costs shall be the total number of hours worked on the job by each employee times the agreed hourly rate for such employee's labor as set forth on the attached Exhibit B-1. CITY will pay all personnel at their regular straight-time rate, including any work performed on overtime or on holidays or weekends.
2. Subconsultant Costs
Subconsultant services shall be billed at cost plus a 10 percent markup. CONSULTANT shall provide a copy of each subconsultant's invoice for which it seeks payment from CITY with any invoice in which such payment is requested.
3. Other Direct Costs
The following categories of costs are eligible for reimbursement, which shall be made at the actual cost to CONSULTANT without any additional mark-up:
a. Reasonable living and traveling expenses of employees when away from home office on business in its prosecution of the Services. CONSULTANT must have prior approval of CITY to be reimbursed for these expenses.
b. Automobile expenses for personal vehicle use, if necessary, at the IRS approved mileage rate.
c. Reproduction of drawings and specifications by CONSULTANT as required under this Agreement, at rates prevailing in this community for bulk reproduction or at other reasonable rates approved by CITY.
d. Special overnight delivery or messenger services.
Payments to CONSULTANT for reimbursable costs/expenses will be made only after the specific costs/expenses have been incurred and CONSULTANT has submitted substantiating documentation, such as copies of paid invoices or other documentation confirming that such costs/expenses have been incurred.
Item #5.6.
EXHIBIT B-1
The chart below contains the total costs for this research. These prices are comprehensive and include all costs for questionnaire design; sample acquisition and preparation; translation; programming; email, text, and postcard invitations; survey hosting; bilingual interviewing; data entry and analysis; reporting and presentation of report.
Interview Length 400 Interviews
15 minutes $38,000
Item #5.6.
Consultant Services Agreement for FM3
Final Audit Report 2025-01-03
Created: 2025-01-03
By: Sheli Wright ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAUa3uY_Ag1QqhkQ1aOAJKQ1jl5L1b-TtL "Consultant Services Agreement for FM3" History
Document created by Sheli Wright ([email protected]) 2025-01-03 - 8:29:08 PM GMT
Document emailed to Curtis Below ([email protected]) for signature 2025-01-03 - 8:29:13 PM GMT
Email viewed by Curtis Below ([email protected])
2025-01-03 - 8:30:04 PM GMT
Document e-signed by Curtis Below ([email protected]) Signature Date: 2025-01-03 - 8:30:45 PM GMT - Time Source: server Agreement completed.
2025-01-03 - 8:30:45 PM GMT
Item #5.6.
From: Douglas Allan
To: Public Comment; Scott Cooper; Donald Williams; Lisa Gift; Irais Lopez-Ortega; Kevin Eisenberg; Laura Snideman; Sheli Wright
Subject: Public comment for 1/14 city council meeting
Date: Tuesday, January 14, 2025 10:00:50 AM
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 Mayor and Council Members and City Staff,
I’m writing regarding several items on the 1/14 agenda related to the property.
1. $1.68M Educational Budget for 2025
I understand this budget is presented as “educational,” and it is serving its educational purpose. What I learned, once again, is that the property needs a lot of work as this budget shows. I believe it underscores the very issue I have been trying to address: the current approach we seem to be headed down appears to be fiscally challenging, if not outright impossible. To me, this exercise reinforces the point that we cannot simply go back to what the property used to be. Instead, we must re-envision the property with a bold, visionary, longterm, community-centered plan (See bullet point 4 below) before we spend any more money on the property. Operating at suboptimal capacity temporarily is a reasonable and necessary tradeoff to avoid the kind of deficit spending that this exercise indicates might be an option.
When we have a fully vetted plan THEN spend the money according to the plan.
2. Statistically Valid Survey and Community Input
I appreciate the council’s understanding of the importance of a statistically valid survey to gauge community priorities. Thank you. Furthermore, public participation is essential in developing this survey. Establishing a “Blue Ribbon Committee” of community members to guide this process in context with the larger long-term planning process would ensure transparency and inclusivity. I have heard multiple councilmembers express a wish to form a committee; this would be the right opportunity to do so. The time has come for the City Council to articulate its vision of how the City intends to facilitate reasoned public engagement beyond this survey. I have heard from many of the council that this survey is not the end all be all. So, what is the plan beyond this survey? Please take note of Tim Reilly's public comment on this item. He is a great professional resource for this city to supplement our own professional staff. By the way, there are other amazing professionals in this city who have also expressed an interest to me in volunteering their services to support this planning process.
3. Renaming the Fairgrounds Property
Renaming discussions should naturally emerge from the broader long-term planning process.
Including this item in a properly defined “Feasibility Plan” makes sense, while addressing it prematurely risks unnecessary debate without the context of a cohesive plan.
4. Long-Term Planning Process
A few months ago, many of us worked on a proposed 6-step plan for a comprehensive planning process. I submitted it as a public comment for the special meeting. Others have recently also submitted it for evaluation, too. This plan remains a viable starting point and Item #5.6.
could inform the “Feasibility Plan” referenced in the agenda. I urge the council to revisit this proposal and adopt it as a framework to guide the planning process.
In closing, I urge the council to prioritize long-term planning and ensure community involvement at every stage of the process. Many of us are offering what we believe to be constructive and reasonable recommendations, aiming to be proactive and helpful in expressing what we feel is in the best interest of the city.
Thank you for your time and consideration.
Doug Allan
Item #5.6.
From: Lana Richardson
To: Public Comment
Subject: Agenda items Jan 14
Date: Tuesday, January 14, 2025 1:10:07 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Laura Snideman, l
Sheli Wright,
Donald Williams,
Irais Lopez-Ortega
Scott Cooper
Kevin Eisenberg
Lisa Gift
With the purchase of the 70 acre property currently known as ‘Fairgrounds’, the City of Calistoga has achieved an incredible, long sought after opportunity. Consequently, the community and its elected officials must be very mindful of the immediate and long-term impact when making decisions about the property. Every decision must consider how to best address the immediate as well as future needs and uses of the property.
Thank you for your consideration, patience and thoughtful approach to this incredible opportunity for Calistoga.
Following are comments related to specific agenda items on Jan 14 Council meeting:
Item 5.6 Statistically valid survey - Although this item references 400 adult Calistoga contacts, I have been told it will be 400 completed surveys. Initially my concern was if only 400 were contacted, there would be a very low number of completed surveys. I’ve been advised that will not be the case. This is critical because it will likely take considerably more attempts to actually receive 400 completed surveys.
Another and even greater concern is the format, topics and wording of the actual questions of the survey. Developing the topics/questions for the survey should include input from a committee of community members who will work with the city/consultant.
Item 7.2 Educational review of draft Fairgrounds budget - as stated in this agenda item, any budget for the fairgrounds must be based on ‘informed review and discussion’. This informed review and discussion should definitely be based on the community input as provided by the completed survey. Developing a master plan for the property is of utmost importance, should be the highest priority and derived based on input from the survey. The objective should not be to ‘recreate’ the fairgrounds of the past but rather envision the future of the property to meet community objectives. Creating a master plan will define revenue opportunities, operational needs and strategic investments to enhance the property's functionality and sustainability for current and future generations.
There are some areas that may be obvious and necessary for interim, limited operation of some aspects of the fairgrounds facility that can generate revenue, such as the RV park. While some of those, e.g. sewer lines may be permanent, the majority should be considered temporary until a comprehensive master plan is developed and in place.
Item #5.6.
Item 7.3 Renaming the fairgrounds property - There is no urgency to renaming the property and it should therefore be deferred until a later time. It should evolve naturally perhaps as a direct result of what is envisioned and addressed in the master plan.
Lana Richardson
Calistoga
Item #5.6.
Comments of Tim Reilly on 20250114 Council Meeting Agenda Item 5.6, Agreement for to Deliver a Survey of Community Needs and Desires for the Fairground’s Property Use I am a full-time resident of the city of Calistoga. I am writing to urge the Council to defer its decision whether to award a contract for the referenced survey until, at minimum, the Council (1) appoints a committee comprised of Calistoga residents to assist in developing and implementing a plan for informed public participation in planning the re-vitalization project and (2) provides the following clarifications of the survey to the City Council and the public.
o How does the Council intend to apply the information received from the survey? Is this survey intended to be an early phase of a larger plan to facilitate and inform reasoned public involvement in decision-making? If so, what is the full plan and schedule for public participation?
o The Staff Report indicates three proposals were received from agencies specializing in “public policy opinion research”. No mention is made of expertise in land use planning, architecture, or facilitating public participation in public works projects.
A cursory visit to the website for the highest ranked bidder indicates their expertise focuses on sensing already-formed opinions about issues - like ballot measures and political candidates - for which abundant background information about alternative opinions is easily available to respondents. Their expertise does not seem to include facilitating and enhancing public involvement by educating communities about alternative land uses, conceptual master-planning, and alternative ways that may be available to generate revenue. This apparent disconnect between the professional focus of the highest-ranked bidder, and the unique needs of this project, raises reasonable questions about how the objectives and intended application of the survey results have been communicated to bidders.
Has the City solicitated input from outside City staff to develop this procurement? How was the list of invited bidders formulated? What were the criteria applied to identify potential bidders?
Item #5.6.
Was a request for proposals (RFP) circulated to the invited bidders? How was the RFP developed? How was the scope of services described? Can the RFP be made available to the public?
What is the generic composition of the independent panel that evaluated the proposals (e.g., City staff? Community members?)
o What will be the focus of the survey queries? Broad community needs and goals, as inferred in the Staff Report? Or opinions of specific re-vitalization components and alternatives?
o If there is no plan for additional public participation following the survey, and if the survey is intended to seek opinions of specific re-vitalization components and alternatives, what additional information will the City provide to enable respondents to form reasoned opinions that include considering cost, potential revenue, and budgetary trade-offs of various master-plan alternatives? o Will the survey query respondents’ opinions about possible alternative management and revenue configurations in addition to opinions of community needs and goals? o Will respondents’ opinions of community needs and goals be considered if they do not comport with the plain language of the purchase agreement, particularly regarding constraints on non-historic uses, long-term leases, and other management and re-vitalization alternatives?
Early efforts to survey a community’s opinions of broad needs and goals – like those described in the Staff Report - can provide a solid foundation for subsequent, informed public engagement in decision-making. But to be meaningful these early survey efforts need to extend beyond an initial sensing of a community’s “wish list” that has not accompanied by the basic information needed by respondents to form reasoned decisions and make informed choices. Ultimately, additional context – especially regarding financial and environmental sustainability and budgetary trade-offs – is needed by respondents to assure their input is informed by knowledge of benefits, costs, potential revenue sources, and trade-offs. Ultimately, we need an inclusive, open, and frank dialog centered on feasible alternatives, not just ideas. Our citizens, our community, and this undertaking deserve – indeed, require - the opportunity for this level of engagement.
Item #5.6.
Clearly, the time has come for the City Council to articulate its vision of how the City intends to facilitate reasoned public engagement. The plan’s ultimate objective should be to provide to Calistogans a range of potentially feasible master plan alternatives to consider and compare, using metrics identified via early surveys and other tools, and each supported by conceptual “designs” and analyses.
But first and foremost, the Council should recognize the level-of-effort that will be required - and the public benefits that will accrue - from implementing such an approach…and should appoint a citizens advisory committee to assist the City to implement a plan for public participation that is proportional to the significance of this opportunity.
Item #5.6.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Antoinette Freeman, Planning & Permit Technician
Meeting: City Council - Jan 14 2025
Subject: Approval of 2025 Work Plans for Advisory Committees DESCRIPTION:
The City’s three advisory committees have developed work plans for 2025 for review and approval by the City Council
RECOMMENDATION:
Consider approving the 2025 work plans for the Active Transportation Advisory Committee (ATAC), Green Committee, and Housing Advisory Committee.
SUMMARY:
The purpose of each 2025 work plan is to facilitate the committee's discussions, the formulation of recommendations, and the timely submission of recommendations to the City Council. Specifically, these work plans delineate expectations concerning timelines, milestones, budgetary resources, and deliverables for the upcoming year, all related to the committee's designated focus area.
ANALYSIS:
The proposed goals for each committee are as follows:
Active Transportation Advisory Committee
1. Propose & Implement the "See, Click, Fix" Software Program
2. Install Signage for the Bike Parklet & the Vine Trail
3. Support the NVTA Active Transportation Plan
4. Implement a Bike Sticker Program
5. Research & Present Traffic Calming Proposals
6. Monitor and Support City Transportation & Circulation Projects Staff recommendations to Active Transportation Advisory Committee Goals:
A) Revise goal #1 to remove the specific software solution to allow greater flexibility in integrating a software (or other) solution that works with the city's new ERP and website which will be rolled-out in 2025.
Green Committee
1. Conduct Public Outreach & Education
2. Research & Advise on Installation of Publicly Available EV Infrastructure & Transportation
3. Research & Propose Low-Carbon Concrete Solutions
4. Research & Propose Night Sky Regulation
5. Research & Propose Pesticide & Herbicide Regulation
Item #7.1.
6. Research & Propose Solar Infrastructure on Public Sites
7. Research & Propose Expanding the Use of Excess Treated Water
8. Propose Urban Forestry & Native Plant Programs
9. Community Education on the City's Foodware & Waste Reduction Regulations & Idling
10.Support Regional Climate Action and Adaptation Plan (RCAAP)
Staff comments to Green Committee Goals:
A) Any additional code enforcement activities associated with any of the Green Committee goals will require additional staffing resources.
B) In any instance where a code change is recommended, following the committee's research on the item, to save time and money, staff may recommend a policy change when warranted.
Any code changes associated with any of the Green Committee goals will require additional Planning & Building Department budget allowances that would require future city council approval.
C) Any master planning, mapping and/or staff coordination with consultants/service providers will require Planning & Building and/or Public Works staff time (some may require significant staff time that has not been factored into work plans) and additional budget allowances that would require future city council approval.
Housing Advisory Committee
1. Advise on Planned Housing Programs & Policy for 2025
2. Research & Propose Housing-Related Policies
3. Advise City Council & Support City Staff with Housing Element Implementation
4. Explore Supportive Activities for CAH Housing Needs Assessment
5. Research the Rezoning of Current Rural Residential Zones
6. Research & Propose Programs to Provide Housing Options for Local Workforce
7. Research & Propose Ideas for Use of Affordable Housing Fund
Staff recommendations to Housing Advisory Committee Goals:
A) Revise goal #4 to allow the city to work with the most appropriate entity regarding the Housing Needs Assessment or any other Housing Element or housing related item.
The City Council may refer additional items to the committee's work plan as new developments emerge throughout the year. Should a committee wish to include an item after the annual work plan has been approved, the committee chair will formally submit a request to the City Council for consideration.
FINANCIAL IMPACT:
A number of items will have a fiscal impact including staff time in addition to direct costs. Following the adoption of the work plans, staff will review the financial needs during the annual budget process. At the city council's discretion, any fiscal resources necessary for implementing these work plans may be incorporated into future budgets.
CEQA STATUS:
The adoption of this ordinance is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the adoption of this Ordinance in question may have a significant effect on the environment.
ATTACHMENT(S):
Item #7.1.
ATAC Work Plan - 2025 Packet
GC Work Plan - 2025 Packet
HAC Work Plan - 2025 Packet
APPROVAL(S):
Greg Desmond, Planning & Building Director Approved - Dec 23 2024 Connie Cardenas, Admin. Services Director Approved - Dec 23 2024 Laura Snideman, City of Calistoga | City Manager Approved - Jan 06 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Jan 06 2025 Item #7.1.
About the
Committee
Current Members
Meeting Calendar
Staff
1. Propose & Implement the "See, Click, Fix" Software Program
2. Install Signage for the Bike Parklet & the Vine Trail
3. Support the NVTA Active Transportation Plan
4. Implement a Bike Sticker Program
5. Research & Present Traffic Calming Proposals
6. Monitor and Support City Transportation & Circulation Projects Work Plan Goals
Lead Department: Planning
Staff Liaisons: David Fradelizio, Public Works & Greg Desmond, Planning Staff Secretary: Antoinette Freeman, Planning
Active Transportation Advisory Committee
2025 Workplan
The Active Transportation Advisory Committee was established in June of 1993 by resolution of the City Council (Resolution No. 2013-33).
The Committee operates in an advisory role to the City Council and Planning Commission, focusing its efforts on the support of the City General Plan Circulation Element, the priorities set forth by the City Council, and regional active transportation initiatives. This committee emphasizes the importance of developing safe, continuous, direct, and convenient networks for bicycling and walking, ensuring accessibility for individuals of all ages and abilities. In its considerations of active transportation, the committee prioritizes the mobility, sustainability, and efficiency of existing transportation systems, while also seeking to expand opportunities for bicycling, walking, and other active modes of transportation within the City of Calistoga.
1. Aaron Heth
2. Susan Schmiderer
3. (vacant)
4. (vacant)
5. (vacant)
Meetings are held monthly on the first Wednesday of each month at 3:00 PM at the Calistoga Community Center Item #7.1.
SeeClickFix 311 CRM by CivicPlus® is a 311 solution that empowers residents to report issues, identify repair needs, share feedback, and ask questions of their local government leaders. For local governments, it powers efficient and transparent workflows, fostering accountability and trust. The integration of Cityworks and SeeClickFix has allowed Cities to quickly respond to the growing number of resident concerns while utilizing fewer man hours. City departments are now automatically routed issues within their jurisdictions that are reported via SeeClickFix. Updated information in the CRM triggers the new information to be posted publicly on SeeClickFix, as well as automatically emailed to the reporter and other citizens following the issue. By now you are happy you choose SeeClickFix 311 CRM by CivicPlus® is a 311 Item #7.1.
City of Calistoga | Active Transportation Advisory Committee | 2025 Workplan Goals RESOURCES NEEDED MANDATED POLICY CHANGE MEASUREMENT CRITERIA [# of staff hours, subcommittees] [state, local, city council] [requires city council] [reporting, data, feedback] January - March April - June July - September October - December GOAL: DESCRIPTION: BENEFICIAL IMPACTS ACTION ITEMS / TASKS / PROJECTS PROPOSED TIMELINE Observe usefulness of signage and change in usage Item #7.1.
City of Calistoga | Active Transportation Advisory Committee | 2025 Workplan Goals RESOURCES NEEDED MANDATED POLICY CHANGE MEASUREMENT CRITERIA [# of staff hours, subcommittees] [state, local, city council] [requires city council] [reporting, data, feedback] January - March April - June July - September October - December GOAL: DESCRIPTION: BENEFICIAL IMPACTS ACTION ITEMS / TASKS / PROJECTS PROPOSED TIMELINE Item #7.1.
City of Calistoga | Active Transportation Advisory Committee | 2025 Workplan Goals RESOURCES NEEDED MANDATED POLICY CHANGE MEASUREMENT CRITERIA [# of staff hours, subcommittees] [state, local, city council] [requires city council] [reporting, data, feedback] January - March April - June July - September October - December GOAL: DESCRIPTION: BENEFICIAL IMPACTS ACTION ITEMS / TASKS / PROJECTS PROPOSED TIMELINE Observe sticker usage Item #7.1.
If approved, the City updates signs and communicates changes; monitor compliance; assess impact and use to justify further applications if successful. Present to council for approval re implementation, costs, benefits, challenges. Monitor behavioral change, deterrence effectiveness. Continue to monitor progress. Continue to monitor progress.
Item #7.1.
About the
Committee
Current Members
Meeting Calendar
Staff
1. Conduct Public Outreach & Education
2. Research & Advise on Installation of Publicly Available EV Infrastructure & Transportation
3. Research & Propose Low-Carbon Concrete Solutions
4. Research & Propose Night Sky Regulation
5. Research & Propose Pesticide & Herbicide Regulation
6. Research & Propose Solar Infrastructure on Public Sites
7. Research & Propose Expanding the Use of Excess Treated Water
8. Propose Urban Forestry & Native Plant Programs
9. Community Education on the City's Foodware & Waste
Reduction Regulations
10. Support Regional Climate Action and Adaptation Plan (RCAAP) Green Committee
2025 Workplan
The Green Committee was established in September of 2011 by resolution of the City Council (Resolution No. 2011-092). The Committee serves an advisory role to both the City Council and the Planning Commission, dedicating its efforts to the support of the City General Plan Open Space and Conservation Element, the City Climate Action Plan, and the priorities established by the City Council, as well as regional climate initiatives.
The Committee's work is concentrated on mitigating the impacts of climate change by striving to reduce greenhouse gas emissions and enhance the sequestration of atmospheric carbon dioxide. Furthermore, the Committee provides guidance to the City Council on policies and programs that facilitate climate adaptation planning and promote effective strategies for addressing the repercussions of climate change. The overarching aim of the Committee is to foster an environmentally sustainable community and to enhance the quality of life in Calistoga.
1. Antoinette Mailliard
2. John Gleazer
3. Sean Birge
4. Bobbie Casey
5. Jeremy Grove
Meetings are held monthly on the second Tuesday of each month at 3:30 PM at the Calistoga Community Center Lead Department: Planning
Staff Liaisons: Greg Desmond & Antoinette Freeman, Planning Staff Secretary: Antoinette Freeman, Planning
Work Plan Goals
Item #7.1.
City of Calistoga | Green Committee | 2025 Workplan Goals RESOURCES NEEDED MANDATED POLICY CHANGE MEASUREMENT CRITERIA [# of staff hours, subcommittees] [state, local, city council] [requires city council] [reporting, data, feedback] January - March April - June July - September October - December GOAL: DESCRIPTION: ACTION ITEMS / TASKS / PROJECTS PROPOSED TIMELINE BENEFICIAL IMPACTS Conduct Public Outreach & Education Ongoing Item #7.1.
City of Calistoga | Green Committee | 2025 Workplan Goals RESOURCES NEEDED MANDATED POLICY CHANGE MEASUREMENT CRITERIA [# of staff hours, subcommittees] [state, local, city council] [requires city council] [reporting, data, feedback] January - March April - June July - September October - December GOAL: DESCRIPTION: ACTION ITEMS / TASKS / PROJECTS PROPOSED TIMELINE BENEFICIAL IMPACTS Research & Advise on Installation of Publicly Available EV Infrastructure & Transportation Item #7.1.
City of Calistoga | Green Committee | 2025 Workplan Goals RESOURCES NEEDED MANDATED POLICY CHANGE MEASUREMENT CRITERIA [# of staff hours, subcommittees] [state, local, city council] [requires city council] [reporting, data, feedback] January - March April - June July - September October - December GOAL: DESCRIPTION: ACTION ITEMS / TASKS / PROJECTS PROPOSED TIMELINE BENEFICIAL IMPACTS Research & Propose Low-Carbon Concrete Solutions Item #7.1.
City of Calistoga | Green Committee | 2025 Workplan Goals RESOURCES NEEDED MANDATED POLICY CHANGE MEASUREMENT CRITERIA [# of staff hours, subcommittees] [state, local, city council] [requires city council] [reporting, data, feedback] January - March April - June July - September October - December GOAL: DESCRIPTION: ACTION ITEMS / TASKS / PROJECTS PROPOSED TIMELINE BENEFICIAL IMPACTS Research & Propose Night Sky Regulation Item #7.1.
City of Calistoga | Green Committee | 2025 Workplan Goals RESOURCES NEEDED MANDATED POLICY CHANGE MEASUREMENT CRITERIA [# of staff hours, subcommittees] [state, local, city council] [requires city council] [reporting, data, feedback] January - March April - June July - September October - December GOAL: DESCRIPTION: ACTION ITEMS / TASKS / PROJECTS PROPOSED TIMELINE BENEFICIAL IMPACTS Research & Propose Pesticide & Herbicide Regulation Item #7.1.
City of Calistoga | Green Committee | 2025 Workplan Goals RESOURCES NEEDED MANDATED POLICY CHANGE MEASUREMENT CRITERIA [# of staff hours, subcommittees] [state, local, city council] [requires city council] [reporting, data, feedback] January - March April - June July - September October - December GOAL: DESCRIPTION: ACTION ITEMS / TASKS / PROJECTS PROPOSED TIMELINE BENEFICIAL IMPACTS Research & Propose Solar Infrastructure on Public Sites Item #7.1.
City of Calistoga | Green Committee | 2025 Workplan Goals RESOURCES NEEDED MANDATED POLICY CHANGE MEASUREMENT CRITERIA [# of staff hours, subcommittees] [state, local, city council] [requires city council] [reporting, data, feedback] January - March April - June July - September October - December GOAL: DESCRIPTION: ACTION ITEMS / TASKS / PROJECTS PROPOSED TIMELINE BENEFICIAL IMPACTS Research & Propose Expanding the Use of Excess Treated Water Item #7.1.
City of Calistoga | Green Committee | 2025 Workplan Goals RESOURCES NEEDED MANDATED POLICY CHANGE MEASUREMENT CRITERIA [# of staff hours, subcommittees] [state, local, city council] [requires city council] [reporting, data, feedback] January - March April - June July - September October - December GOAL: DESCRIPTION: ACTION ITEMS / TASKS / PROJECTS PROPOSED TIMELINE BENEFICIAL IMPACTS Propose Urban Forestry & Native Plant Programs Item #7.1.
City of Calistoga | Green Committee | 2025 Workplan Goals RESOURCES NEEDED MANDATED POLICY CHANGE MEASUREMENT CRITERIA [# of staff hours, subcommittees] [state, local, city council] [requires city council] [reporting, data, feedback] January - March April - June July - September October - December GOAL: DESCRIPTION: ACTION ITEMS / TASKS / PROJECTS PROPOSED TIMELINE BENEFICIAL IMPACTS Community Education on the City's Foodware and Wast Reduction Regulations The 2023 Calistoga Foodware and Waste Reduction ordinance, which took effect in March 2024, is having a meaningful impact on the behavior of merchants and awareness of citizens. More work is needed. The few vendors resisting and obstructing need additional education. Code enforcement personnel may also need education if they are to engage more fully. At some point those who refuse to comply may need to be fined. We can do more to help suppliers understand the facts surrounding claims by manufacturers, and to help merchants understand what to order from suppliers. Food vendors must also be helped to recognize the importance of good practices, that this is not going away, and that compliance is not optional.
Item #7.1.
City of Calistoga | Green Committee | 2025 Workplan Goals RESOURCES NEEDED MANDATED POLICY CHANGE MEASUREMENT CRITERIA [# of staff hours, subcommittees] [state, local, city council] [requires city council] [reporting, data, feedback] January - March April - June July - September October - December GOAL: DESCRIPTION: ACTION ITEMS / TASKS / PROJECTS PROPOSED TIMELINE BENEFICIAL IMPACTS Support Regional Climate Action and Adaptation Plan (RCAAP) Item #7.1.
About the
Committee
Current Members
Meeting Calendar
Staff
Meetings are held monthly on the third Monday of each month at 10:00 AM at the Calistoga Community Center Lead Department: Planning
Staff Liaisons: Lauren Clark, Planning
Staff Secretary: Antoinette Freeman, Planning
Work Plan Goals
1. Advise on Planned Housing Programs & Policy for 2025
2. Research & Propose Housing-Related Policies
3. Advise City Council & Support City Staff with Housing Element Implementation
4. Explore Supportive Activities for CAH Housing Needs Assessment
5. Research the Rezoning of Current Rural Residential Zones
6. Research & Propose Programs to Provide Housing Options for Local Workforce
7. Research & Propose Ideas for Use of Affordable Housing Fund Housing Advisory Committee
2025 Workplan
The Housing Advisory Committee was established in April 2021 through a resolution of the City Council (Resolution No. 2021-022). This Committee functions in an advisory capacity to both the City Council and the Planning Commission, dedicating its efforts to supporting the City General Plan Housing Element and the housing priorities articulated by the City Council. The primary objective of the Committee is to advise on and support items outlined in the City’s Housing Element, as mandated by the California Department of Housing & Community Development. Additionally, the Committee focuses onproviding informed advice and recommendations on the effective implementation of policies and programs that facilitate the expansion of balanced housing opportunities.
1. Laurel Gourd
2. Gwen Becker
3. Lana Richardson
4. Karin Maurer
5. Eugene Gorman
Item #7.1.
City of Calistoga | Housing Advisory Committee | 2025 Workplan Goals RESOURCES NEEDED MANDATED POLICY CHANGE MEASUREMENT CRITERIA [# of staff hours, funding, research] [state, local, city council] [requires city council] [reporting, data, feedback] January - March April - June July - September October - December GOAL: DESCRIPTION: ACTION ITEMS / TASKS / PROJECTS PROPOSED TIMELINE BENEFICIAL IMPACTS Item #7.1.
City of Calistoga | Housing Advisory Committee | 2025 Workplan Goals RESOURCES NEEDED MANDATED POLICY CHANGE MEASUREMENT CRITERIA [# of staff hours, funding, research] [state, local, city council] [requires city council] [reporting, data, feedback] January - March April - June July - September October - December GOAL: DESCRIPTION: ACTION ITEMS / TASKS / PROJECTS PROPOSED TIMELINE BENEFICIAL IMPACTS Item #7.1.
City of Calistoga | Housing Advisory Committee | 2025 Workplan Goals RESOURCES NEEDED MANDATED POLICY CHANGE MEASUREMENT CRITERIA [# of staff hours, funding, research] [state, local, city council] [requires city council] [reporting, data, feedback] January - March April - June July - September October - December GOAL: DESCRIPTION: ACTION ITEMS / TASKS / PROJECTS PROPOSED TIMELINE BENEFICIAL IMPACTS Hold the second annual housing workshop in the fall/winter.
Item #7.1.
City of Calistoga | Housing Advisory Committee | 2025 Workplan Goals RESOURCES NEEDED MANDATED POLICY CHANGE MEASUREMENT CRITERIA [# of staff hours, funding, research] [state, local, city council] [requires city council] [reporting, data, feedback] January - March April - June July - September October - December GOAL: DESCRIPTION: ACTION ITEMS / TASKS / PROJECTS PROPOSED TIMELINE BENEFICIAL IMPACTS On-going Item #7.1.
City of Calistoga | Housing Advisory Committee | 2025 Workplan Goals RESOURCES NEEDED MANDATED POLICY CHANGE MEASUREMENT CRITERIA [# of staff hours, funding, research] [state, local, city council] [requires city council] [reporting, data, feedback] January - March April - June July - September October - December GOAL: DESCRIPTION: ACTION ITEMS / TASKS / PROJECTS PROPOSED TIMELINE BENEFICIAL IMPACTS On-going Item #7.1.
City of Calistoga | Housing Advisory Committee | 2025 Workplan Goals RESOURCES NEEDED MANDATED POLICY CHANGE MEASUREMENT CRITERIA [# of staff hours, funding, research] [state, local, city council] [requires city council] [reporting, data, feedback] January - March April - June July - September October - December GOAL: DESCRIPTION: ACTION ITEMS / TASKS / PROJECTS PROPOSED TIMELINE BENEFICIAL IMPACTS On-going Item #7.1.
City of Calistoga | Housing Advisory Committee | 2025 Workplan Goals RESOURCES NEEDED MANDATED POLICY CHANGE MEASUREMENT CRITERIA [# of staff hours, funding, research] [state, local, city council] [requires city council] [reporting, data, feedback] January - March April - June July - September October - December GOAL: DESCRIPTION: ACTION ITEMS / TASKS / PROJECTS PROPOSED TIMELINE BENEFICIAL IMPACTS On-going Item #7.1.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Sheli Wright, Fairgrounds Revitalization Director Meeting: City Council - Jan 14 2025
Subject: Educational review of the draft 2025 calendar year operating and capital improvement budget for the fairgrounds.
DESCRIPTION:
Educational review of the draft 2025 calendar year operating and capital improvement budget for the fairgrounds.
RECOMMENDATION:
Consider Discussing the Item and Providing Staff Direction SUMMARY:
On June 11, 2024, the City Council adopted a balanced budget for Fiscal Year 24-25. The FY-24- 25 adopted budget only included funding for one director position and some initial ground maintenance for the fairgrounds. Fund #70, Program # 5592 (Fairgrounds) did not include most operational needs or any improvements to the grounds. To better understand the immediate financial investment necessary to operate the grounds and effectively plan for the future operations, staff has developed an initial draft budget for the 2025 calendar year including forecasting revenues and expenditures. This document is intended to inform the council and the public about projected costs and anticipated additional general fund subsidies of approximately $1.7M.
ANALYSIS:
The draft 2025 calendar year budget document offers a foundation for informed review and discussion. This proposed budget reflects additional revenue opportunities, operational needs, and strategic investments to enhance the property's functionality and sustainability.
The document offers a more comprehensive (but still initial estimated) overview of projected revenues and expenditures for the fairgrounds. The draft budget incorporates revenue estimates such as interim rentals and RV space income. New expenses include:
1. Supplies
2. Utility costs
3. Equipment
4. Additions of key staff positions, such as a maintenance technician and a half-time administrative technician to assist in the operations and maintenance of the property
5. Minimum repairs to the RV Host House, which would be necessary if we are to accommodate a potential RV Host without requiring the host to bring and live in their own RV
6. $20,000 for tables and chairs
7. $10,000 for repairs to the inside of Butler
Item #7.2.
8. $300,000 for sewer lateral connections to each RV site In addition, a line item was added under 70-5592-4401, for an Agricultural Competition. To keep the grounds listed as a "designated fairground" for AB1499 Allocations and potential Community Resilience Funding for fairgrounds under Proposition 4, the City of Calistoga will need to produce an agricultural event (fair) and file a Statement of Operations Report (STOP) by June 30th of each year with California Department of Food and Agriculture (CDFA). Staff have included $30,000 for supplies and support for an Agricultural Competition in 2025 in this draft budget.
To highlight the importance of considering keeping the grounds a "designated fairground", attached is the Fairs & Exposition Collaborative Exchange report, to share how the 2024 fairgrounds disbursements from AB1499 are based. The fairgrounds allocation funds have been calculated differently each year by CDFA. Lake County, as an example which is a similarly size fairground received $43,000 in 2023, and $275,000 in 2021. In addition, the Fairs & Exposition Collaborative Exchange report reviews the type of potential funding available for fairgrounds under Proposition 4, estimated upon passage of the proposed FY 25/26 Governor's budget. Lastly, to further support the idea of keeping the grounds as designated fairgrounds, the 2022 Fairgrounds Resilience Centers awards and the CDFA distribution policy are also attached for the city council to review the types of projects awarded to fairgrounds for resiliency and to gain insight into how the allocation process works.
2025 Estimated Draft Calendar Year Fairgrounds Budget Summary Item #7.2.
Should the Council wish to consider initiating operations, beyond what has been approved and funded up to this point at the fairgrounds before adopting the FY 25/26 Budget, adjustments to subsidies from sources such as Fund 10 (Infrastructure) and the General Fund would need to be evaluated. These adjustments could be presented as individual or consolidated items at a future Council meeting for consideration.
FINANCIAL IMPACT:
The FY-24-25 adopted budget for Fund #70, Program # 5592 (Fairgrounds) did not include sufficient operating or improvement funds for the 24-25 fiscal year. An additional $1.7M of funding is recommended beyond what has already been approved for a full start-up year.
CEQA STATUS:
Not Applicable
ATTACHMENT(S):
70-5592-XXXX Fairgrounds - Operations Maintenance-Calendar Year 2025 1 Fairgrounds - Budget FY 24-25
2022_frc_program_awardees_list
f2024-06_ab1499_distribution_policy_framework_ada
FE Slides for Collaborative Exchange 12.11.24
APPROVAL(S):
Connie Cardenas, Admin. Services Director Approved - Jan 02 2025 Rachel Stepp, Deputy City Manager Approved - Jan 06 2025 Laura Snideman, City of Calistoga | City Manager Approved - Jan 06 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Jan 06 2025 Item #7.2.
Fund # : 70 Prog #: 5592 Prog Desc:
Prelim
Acct 2025 Calendar
Detail # year review
4401 MATERIALS/SUPPLIES $605,000
4402 CONTRACT SERVICES $704,577
4403 UTILITIES $176,300
4404 Maintenance & Repairs $40,000
4405 TRAINING/TRAVEL $700
4408 UNIFORMS $2,500
4413 TAX & LICENSE $0
4417 FUEL/OIL $5,000
4424 HEALTH/SAFETY $12,200
4431 FEES $5,000
4510 EQUIP $56,500
4821 MISC.
SALARY/BENEFITS $524,731
REVENUE -$451,025
$1,681,483
City of Calistoga
XXXX
Totals
by Account & Summary
(Subtotal each Detail Account)
Calendar year 2025 in Review
Draft
Description of Changes
Item #7.2.
70 Prog #: 5592 4301
Prog Desc:
Line Preliminary
# Description of Changes Proposed
2025
1 2 Salary - Fairgrounds Revitalization Director $298,531 3 Salary - Maintenance
4 Maintenance Technician - II $143,000
5 1/2 Administrative Tech $83,200
6 7
8 9
10 Total Account Detail $0 $524,731
City of Calistoga
2025 Proposed Budget
Draft
Fairgrounds
Fund # :
Item #7.2.
70 Prog #: 3260
Prog Desc: Revenue
Line Adopted Preliminary
# Description of Changes Revised Proposed
2025
1 2 Leases -$100,000 -$112,000
3 Interim Rentals -$34,000
4 Sponsorships -$50,000
5 RV -$240,000
6 Concession % -$12,000
7 8 Other -$3,025
9 10
11 12
13 Total Account Detail -$100,000 -$451,025
City of Calistoga
2025 Proposed Budget
Draft
Fairgrounds
Fund # :
Item #7.2.
70 Prog #: 5592 4401
Prog Desc: Materials & Supplies
Line Adopted Prelim
# Description of Changes FY 24-25 2025
Calendar
1 2
3 Misc Supplies $50,000
4 Fencing $20,000
5 Sewer Lateral Replacement $300,000
6 Lift Station Service & Repair $20,000
7 Signage $10,000
8 Trip & Fall Hazards $15,000
9 Lighting Repair $50,000
10 Other Maintenance $40,000
11 HVAC Repairs/ Electric $30,000
12 Door Locks and Repair $10,000
13 Waste Disposal Runs/Property Cleanup $30,000
14 Agricutlture Competition $30,000
15 Total Account Detail $0 $605,000
Fairgrounds
City of Calistoga
2025 Proposed Budget
Draft
Fund # :
Item #7.2.
Fund # : 70 Prog #: 5592 4402
Prog Desc: Contract Services
Line Adopted Revised Prelim
# Description of Changes FY 24-25 FY 24-25 2025
Calendar
1 2 HVAC Replace/ Repairs $40,000
3 Electrical service $20,000
4 Fire extinguisher service $3,000
5 Backflow testing Five Backflow Devices @ $55/ea. plus repairs $35,000 6 Janitorial Services - $0
7 Pest & Weed Control $0
8 Landscape $450,000 $56,577 $506,577
9 Trees $40,000
10 Locksmith $5,000
11 Refuse $5,000
12 13 Legal $50,000
14 Roof $129,027
15 RV $15,000
16 17
18 19
Total Account Detail $450,000 $200,604 $704,577
Fairgrounds
City of Calistoga
2025 Proposed Budget
Draft
Item #7.2.
70 Prog #: 5592 4403
Prog Desc: Utilities
Line Prelim
# Description of Changes 2025
Calendar
1 PG&E $70,000
2 Cameras $800
3 AT&T $2,500
4 Bay Alarm $1,200
5 Copier $1,800
6 Water Estimate $100,000
7 8
9 10
Total Account Detail $0 $0 $176,300
Fairgrounds
City of Calistoga
2025 Proposed Budget
Draft
Fund # :
Item #7.2.
70 Prog #: 5592 4404
Prog Desc: Repairs & Maintenance
Line Prelim
# Description of Changes 2025
Calendar
1 $40,000
2 Roof patch, gutters
3 Plumbing parts, irrigation parts,
4 General hardware, tools & testers, paints & stains, misc. supplies, 5 Wood & trim, glass, door and window hardware
6 Blinds and window coverings, fans and heaters
7 8
9 10
Total Account Detail $0 $0 $40,000
Fairgrounds
City of Calistoga
2025 Proposed Budget
Draft
Fund # :
Item #7.2.
70 Prog #: 5592 4405
Prog Desc: Training & Travel-Staff
Line Prelim
# Description of Changes 2025
Calendar
1 2 Miscellaneous workshops, seminars, certifications $700 3 Travel for call-outs
4 5
6 7
8 9
10 Total Account Detail $0 $0 $700
Fairgrounds
City of Calistoga
2025 Proposed Budget
Draft
Fund # :
Item #7.2.
Fund # : 70 Prog #: 5592 4408
Prog Desc: Uniforms
Line Prelim
# Description of Changes 2025
Calendar
1 $2,500
2 Pants
3 Boots
4 Jackets
5 Coveralls
6 Hats
7 Gloves
8 Shirts
9 Total Account Detail $0 $0 $2,500
Fairgrounds
City of Calistoga
2025 Proposed Budget
Draft
Item #7.2.
70 Prog #: 5592 4413
Prog Desc: Taxes
Line Prelim
# Description of Changes 2025
Calendar
1 2
3 4
5 6
7 8
9 10
Total Account Detail $0 $0 $0
Fairgrounds
City of Calistoga
2025 Proposed Budget
Draft
Fund # :
1/6/2025 10:54 AM 70-5592-XXXX Fairgrounds - Operations Maintenance-Calendar Year 2025 Item #7.2.
Fund # : 70 Prog #: 5592 4417
Prog Desc: Fuel & Oil
Line Prelim
# Description of Changes 2025
Calendar
1 $5,000
2 3
4 5
6 7
8 9
10 Total Account Detail $0 $0 $5,000
City of Calistoga
2025 Proposed Budget
Draft
Fairgrounds
Item #7.2.
Fund # : 70 Prog# 592 4424
Prog Desc: Health & Safety
Line Prelim
# Description of Changes 2025
Calendar
1 First Aid Supplies $200
2 Sprinklers/Hood Safety $12,000
3 4
5 6
7 8
9 10
Total Account Detail $0 $0 $12,200
Fairgrounds
City of Calistoga
2025 Proposed Budget
Draft
Item #7.2.
Fund # : 70 Prog #: 5592 4431
Prog Desc: Fees
Line Prelim
# Description of Changes 2025
Calendar
1 CERRVF $5,000
2 3
4 5
6 7
8 9
10 Total Account Detail $0 $0 $5,000
Fairgrounds
City of Calistoga
2025 Proposed Budget
Draft
Item #7.2.
Fund # : 70 Prog #: 5592 4510
Prog Desc: EQUIPMENT
Line Prelim
# Description of Changes 2025
Calendar
1 2 JD 5075 E/ 2 MX-10 540 with mower deck $0
3 Push mowers $1,500
4 Weed eaters $1,300
5 Chainsaws $1,700
6 Forklift $0
7 Power Broom $0
8 Spray tank for UlV $2,000
9 Side x side UlV's $0
10 UTV Trailers $2,500
11 Pick-up trucks (old PW Trucks) $0
12 Scissor lift $0
13 Blowers (electric) batteries, etc. $0
14 Various hand tools $20,000
15 Shop compressor $5,000
16 Portable generators(3500) $2,500
17 Tables & Chairs $20,000
18 19
20 Total Account Detail $0 $0 $56,500
Fairgrounds
City of Calistoga
2025 Proposed Budget
Draft
Item #7.2.
City of Calistoga
FY 24-25 Adopted Budget
Account Detail Budget Worksheet
Fund # : Prog #: Prog Desc: FAIRGROUNDS
General Unaudited Amended Projected Adopted
Ledger Description of Changes by Account & Summary Expenses Budget Budget Budget Acct # FY 22-23 FY 23-24 FY 23-24 FY 24-25
4401 MATERIALS/SUPPLIES $ -
4402 CONTRACT SERVICES 450,000
4405 TRAINING/MEETINGS
4410 ADVERTISING
4415 MAILING/COPYING
4430 EJESAND SUBSCRIPTIONS
4503 WATER/SEWER
4510 EQUIPMENT REPLACEMENT F l
ACTICIPATED REVENUES $ (100,000)
Totals|$ '- $ - $ - $ 350,000
Salaries and Benefits
4301 FAIRGROUNDS SALARIES $ 231,620
4302 FAIRGROUNDS OVERTIME PAY
4303 FAIRGROUNDS FICA/MEDICARE $ 18,132
4308 FAIRGROUNDS PART TIME WAGES $ - 4309 FAIRGROUNDS SPECIAL PAY 4310 FAIRGROUNDS PERS $ 23,394
4311 FAIRGROUNDS MEDICAL/DENTAL $ 15,269
4312 FAIRGROUNDS WORKER'S COMP $ 4,000
4313 FAIRGROUNDS OTHER BENEFITS $ 6,117
4316 FAIRGROUNDS EMPLOR PAD 401 (A) $ -
Total Salary and Benefits S - $ - $ - S 298,531
TOTAL FY 24-25 BUDGET $ - $ - $ - $ 648,531
89 Item #7.2.
2022 Fairgrounds Resilience Centers Program
Awarded Projects
# Fairgrounds Name Project Title/Description Award Amount Area (sq. ft.) Region 1 3rd DAA Silver
Dollar Fair
New Event Center and Jack Vanella Hall
Upgrade $30,000,000 72,500 Butte County
2 24th DAA Tulare
County Fair
Building 1 & 2 Demolition and Rebuild,
Building 3 Upgrade Completion $11,000,000 56,000 Tulare County 3 24A DAA Kings Fair Fairgrounds-Wide Infrastructure Upgrades $3,500,000 20,000 Kings County 4 26th DAA Amador
County Fair
Windmill Restaurant/Commissary Kitchen
Upgrade and Multi-Purpose Concession
Stands $1,500,000 2,300 Amador County
5 27th DAA Shasta
District Fair
Trinity Hall Upgrades and New Community
Kitchen $4,000,000 15,000 Shasta County
6 28th DAA San
Bernardino County
Fair Building 1 & 2 Upgrades $6,000,000 28,000
San Bernardino
County
7 35th DAA Merced
County Fair Yosemite Hall Upgrades and Pavilion Reroof $5,000,000 25,600 Merced County 8 50th DAA Antelope
Valley Fair
New Marcc Campus, Emergency Operations
Centers, and Culinary Facility $20,000,000 170,400 Los Angeles County 9 California Exposition
& State Fair
Restrooms in Livestock Area, HVAC at Expo
Center, Replacement of Fabric Tent on
Building D $7,000,000 78,800 Sacramento County
10 10th DAA Siskiyou
Golden Fair Fairgrounds Broadband Upgrade $100,000 - Siskiyou County 11 14th DAA Santa
Cruz County Fair Livestock Barns Upgrade $150,000 - Santa Cruz County 12 20th DAA Gold
Country Fair Placer Hall HVAC Upgrade $250,000 9,000 Placer County Item #7.2.
CALI FORN IA DEPAR TMENT O F
FOOD & AGRI CULT URE
September 30, 2024 F2024-06
TO: All Fair CEOs
SUBJECT: AB1499 Funds Allocation: Distribution Policy Framework The purpose of this letter is to provide clarification and information on the policy framework utilized in the most recent disbursement of the funds, commonly referred to as “AB1499 funds,” to eligible fairgrounds within the network of California fairs. As you are most likely aware, Assembly Bill 1499 (AB1499) (Chapter 798, Statute year 2017) codified Business and Professions Code 19620.15, which allowed three-quarters of one percent of the total amount of gross receipts for sales and use tax purposes generated on state-designated fairgrounds to be transferred to the California Department of Food and Agriculture (CDFA). With the AB1499 funds accumulating over several years, CDFA’s Fairs & Expositions Branch (F&E) was directed to create a policy framework for allocations moving forward. As a result, in May of 2023, various concepts for the distribution framework were presented to the fairground CEOs for their consideration.
Since then and throughout 2023, CDFA engaged in additional conversations with the industry for input and feedback, which were taken into consideration for the development and finalization of the policy framework. Subsequently, F&E made a determination on the amounts to be distributed from the AB1499 funds in late 2023.
Distribution Policy Framework
Being mindful of distribution balances to the industry without being overly complex, the framework consists of three pools of funds with distinct characteristics: Base Minimum, Operating Revenues, and Bonus/Profitability. Each pool is allotted a percentage of the total planned distribution. The policy framework was developed by incorporating ideas from varying philosophies as conveyed in the three different pools, where each pool can be thought of as having an allocation method independent of the other. For more information on requirements to be eligible, in general, to receive the AB1499 funds from this framework, please refer to the section labeled “Eligibility” later in this letter.
The Base Minimum pool will equally distribute the funds to all eligible fairgrounds. This method seeks to provide stability within the industry, which is especially meaningful for smaller fairgrounds given that smaller fairgrounds on average tend to have more difficulties increasing revenues and being profitable.
Example: If there are 73 eligible fairgrounds in the base minimum pool, then each fairground will receive approximately 1.4 percent of the total amount allocated to this pool.
Fairs and Expositions Branch ● 1220 N Street ● Sacramento, California 95814 State of California Telephone: 916.999.3000 ● www.cdfa.ca.gov/FairsAndExpositions Gavin Newsom, Governor Item #7.2.
F2024-06 AB1499 Funds Allocation: Distribution Policy Framework 9/30/2024
The Operating Revenue pool allocates funds based on the fairground’s operating revenue relative to the total pool’s operating revenue. This method provides an allocation that would be considered meaningful relative to the scale of the fairground’s operation, i.e., larger fairgrounds will generally receive more. An emphasis on the operating revenues will encourage additional economic activity to potentially increase the fairground’s share of the allocation while increasing the tax revenues generated on the fairground.
Example: If the fairground’s operating revenue is $1,000,000 and the total operating revenue in the pool is $400,000,000, then the fairground will receive 0.25 percent of the total amount allocated to this pool.
The Bonus/Profitability pool provides fairgrounds with additional funds based on achieving profitability, i.e., fairgrounds will receive a bonus for being profitable.
Fairgrounds will qualify for this pool if they make at least one dollar in operating profit.
The bonus amount will be based on the methodologies described for base minimum and operating revenue. The bonus amount is not based on the level of profitability but whether the fairground is profitable or not. This method will provide incentives for managers to be fiscally disciplined in their operations.
Clarification on Distribution
With the finalization of the policy, F&E determined the amounts for each fairground and initiated the allocation process in late 2023. The total amount allocated for distribution was approximately $12 million. Most eligible fairgrounds received these funds in the first quarter of 2024. For this distribution, the weighting allocated to each pool are shown below:
Pool Characteristic Percentage of Total
Allocation $12 Million Allocation*
Base Minimum 40% 4,800,000
Operating Revenue 45% 5,400,000
Bonus/Profitability 15% 1,800,000
Base Minimum (Bonus) 20% of Bonus pool 360,000
Operating Revenue (Bonus) 80% of Bonus pool 1,440,000
*The actual total allocation was slightly higher than $12 million due to rounding in each individual allocation. The figures shown above were calculated based on exactly $12 million for ease of displaying amounts per pool.
73 fairgrounds were determined to be eligible for this distribution. Within the distribution, 34 fairgrounds were eligible for the bonus pool.
To calculate the operating revenue and determine eligibility for the bonus pool, F&E used financial information from 2017, 2018, and 2019. The three-year average and Item #7.2.
F2024-06 AB1499 Funds Allocation: Distribution Policy Framework 9/30/2024
three-year median were averaged for these calculations. A graphic representing the methodology described in this letter is attached for your convenience.
Future Distributions and STOP Submission Impact
F&E plans to utilize information from 2019, 2022, and 2023 for the next distribution expected in the fourth quarter of 2024. Furthermore, future distributions are expected to be released in the fourth quarter on an annual basis. However, it is important to mention that while the framework was developed to create a methodology on how future distribution policies may look like, material changes to the amount transferred to CDFA, significant imbalances in the distribution, new legislations affecting the industry, or other various factors may bring about changes to the framework or percentages allocated to each pool.
With the distribution policy utilizing financial information from the fairgrounds, timely submission of financial information is critical for this process. Furthermore, Business and Professions Code 19622 subdivision (a) requires an annual submission of the Statement of Operations (STOP) to maintain eligibility to receive funds or to utilize state assets. Consequently, we urge you to make the necessary arrangements to submit the annual STOP in a timely manner, thus avoiding having the allocation for your fairground from being negatively impacted.
Annual STOPs are typically due within the first three months of the year. Failure to submit the STOP by the end of June each year will result in the Operating Revenue pool using $0 for calculation purposes and disqualification from the Bonus pool. Failure to submit the STOP by the end of September each year will disqualify your fairground from receiving the AB1499 funds for that year’s distribution cycle1. By setting these timelines, F&E will be in a better position to aggregate the information that is necessary to finalize the calculations and distribute the AB1499 funds to the industry in a timely manner.
Eligibility
As a reminder, in addition to submitting the annual STOP, to maintain eligibility for the AB1499 funds, fairgrounds are expected to abide by working conditions prescribed in Business and Professions Code 19620.15. Currently, F&E considers fairgrounds to be opted in unless they have previously explicitly opted out of receiving AB1499 funds.
Furthermore, a disqualification from the year’s AB1499 distribution cycle does not exempt your fairground from the application of required working conditions.
To opt out from receiving the AB1499 funds, board action must be taken to opt out of AB1499 funds and must be communicated to F&E. Additionally, if the intention to opt 1 For the next distribution, expected in the fourth quarter of 2024, the penalties described in this letter regarding delinquent submissions will take effect if the STOP is not received by F&E by October 31, 2024.
Item #7.2.
F2024-06 AB1499 Funds Allocation: Distribution Policy Framework 9/30/2024
out from AB1499 funds is to remove the fairground’s working condition requirements as prescribed in Business and Profession Code 19620.15, the board should also take action to remove the working condition policy.
If you have any questions, please contact me at 916-900-5365 or via email at [email protected].
Sincerely,
Michael Francesconi
Branch Chief
Enclosure
Item #7.2.
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AB1499 Allocations
Distribution Policy - Weighting
Operating Revenue
45% of Total Distribution
Base Minimum
40% of Total Distribution
Bonus
15% of Total Distribution
Base
Minimum
20%
of Bonus
Pool
Operating Revenue
80% of Bonus Pool
Item #7.2.
CDFA F&E
Collaborative Exchange
December 11, 2024
Mike Francesconi
Branch Chief
Fairs & Expositions
• New Funding Sources
• AB 1499 Allocation of funds
Item #7.2.
Proposition 4
(SB867)Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024 in 2025-26
• Prop 4 Authorized $10 Billion
• $40,000,000 – CDFA for the Network of California Fairs • (a) Enhance the ability of those facilities to serve as multirole community, staging, and evacuation centers to provide community resilience benefits during a disaster, state of emergency, local emergency, or de-energization event.
• (b) Deploy communications and broadband infrastructure at those facilities to improve their capability to serve as multirole community, staging, and evacuation centers and enhance local telecommunications service.
Item #7.2.
Proposition 4
(SB867)Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024 in 2025-26
• $37,600,000 in bond fund
• $36,900,000 for grants to Fairgrounds – for upgrading emergency response capabilities
• $700,000 is for administration
• Funding available for encumbrance or expenditure for two years through June 30, 2027
• Liquated by June 30, 2029
• These figures and dates are tentative. Final amounts and timelines will be announced when the Governor’s Budget is released for FY 25/26.
Item #7.2.
Proposition 4
(SB867)Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024 in 2025-26
• The Office of Emergency Services (OES) and Strategic Growth Council were awarded $60 million for competitive grants • Fairgrounds will be eligible for these grants
• grants shall be awarded to eligible facilities that deliver emergency response services
• Strategic Growth Council will work with CDFA to make sure there is no duplication with Fairground funds.
Item #7.2.
AB1499 Distribution Policy CDFA
Pool Characteristic ~$12 million
(Early 2024 Distribution)
~$6 million
(Recent Distribution)
Base Minimum 40% 50%
Operating Revenue 45% 30%
Bonus/Profitability 15% 20%
Bonus/Profitability Pool
Base Minimum 20% 40%
Operating Revenue 80% 60%
Item #7.2.
Fund # : 70 Prog #: 5592 Prog Desc:
Prelim
Acct 2025 Calendar
Detail # year review
4401 MATERIALS/SUPPLIES $605,000
4402 CONTRACT SERVICES $704,577
4403 UTILITIES $176,300
4404 Maintenance & Repairs $40,000
4405 TRAINING/TRAVEL $700
4408 UNIFORMS $2,500
4413 TAX & LICENSE $0
4417 FUEL/OIL $5,000
4424 HEALTH/SAFETY $12,200
4431 FEES $5,000
4510 EQUIP $56,500
4821 MISC.
SALARY/BENEFITS $524,731
REVENUE -$451,025
$1,681,483
City of Calistoga
XXXX
Totals
by Account & Summary
(Subtotal each Detail Account)
Calendar year 2025 in Review
Draft
Description of Changes
Item #7.2.
70 Prog #: 5592 4301
Prog Desc:
Line Preliminary
# Description of Changes Proposed
2025
1 2 Salary - Fairgrounds Revitalization Director $298,531 3 Salary - Maintenance
4 Maintenance Technician - II $143,000
5 1/2 Administrative Tech $83,200
6 7
8 9
10 Total Account Detail $0 $524,731
City of Calistoga
2025 Proposed Budget
Draft
Fairgrounds
Fund # :
Item #7.2.
70 Prog #: 3260
Prog Desc: Revenue
Line Adopted Preliminary
# Description of Changes Revised Proposed
2025
1 2 Leases -$100,000 -$112,000
3 Interim Rentals -$34,000
4 Sponsorships -$50,000
5 RV -$240,000
6 Concession % -$12,000
7 8 Other -$3,025
9 10
11 12
13 Total Account Detail -$100,000 -$451,025
City of Calistoga
2025 Proposed Budget
Draft
Fairgrounds
Fund # :
Item #7.2.
70 Prog #: 5592 4401
Prog Desc: Materials & Supplies
Line Adopted Prelim
# Description of Changes FY 24-25 2025
Calendar
1 2
3 Misc Supplies $50,000
4 Fencing $20,000
5 Sewer Lateral Replacement $300,000
6 Lift Station Service & Repair $20,000
7 Signage $10,000
8 Trip & Fall Hazards $15,000
9 Lighting Repair $50,000
10 Other Maintenance $40,000
11 HVAC Repairs/ Electric $30,000
12 Door Locks and Repair $10,000
13 Waste Disposal Runs/Property Cleanup $30,000
14 Agricutlture Competition $30,000
15 Total Account Detail $0 $605,000
Fairgrounds
City of Calistoga
2025 Proposed Budget
Draft
Fund # :
Item #7.2.
Fund # : 70 Prog #: 5592 4402
Prog Desc: Contract Services
Line Adopted Revised Prelim
# Description of Changes FY 24-25 FY 24-25 2025
Calendar
1 2 HVAC Replace/ Repairs $40,000
3 Electrical service $20,000
4 Fire extinguisher service $3,000
5 Backflow testing Five Backflow Devices @ $55/ea. plus repairs $35,000 6 Janitorial Services - $0
7 Pest & Weed Control $0
8 Landscape $450,000 $56,577 $506,577
9 Trees $40,000
10 Locksmith $5,000
11 Refuse $5,000
12 13 Legal $50,000
14 Roof $129,027
15 RV $15,000
16 17
18 19
Total Account Detail $450,000 $200,604 $704,577
Fairgrounds
City of Calistoga
2025 Proposed Budget
Draft
Item #7.2.
70 Prog #: 5592 4403
Prog Desc: Utilities
Line Prelim
# Description of Changes 2025
Calendar
1 PG&E $70,000
2 Cameras $800
3 AT&T $2,500
4 Bay Alarm $1,200
5 Copier $1,800
6 Water Estimate $100,000
7 8
9 10
Total Account Detail $0 $0 $176,300
Fairgrounds
City of Calistoga
2025 Proposed Budget
Draft
Fund # :
Item #7.2.
70 Prog #: 5592 4404
Prog Desc: Repairs & Maintenance
Line Prelim
# Description of Changes 2025
Calendar
1 $40,000
2 Roof patch, gutters
3 Plumbing parts, irrigation parts,
4 General hardware, tools & testers, paints & stains, misc. supplies, 5 Wood & trim, glass, door and window hardware
6 Blinds and window coverings, fans and heaters
7 8
9 10
Total Account Detail $0 $0 $40,000
Fairgrounds
City of Calistoga
2025 Proposed Budget
Draft
Fund # :
Item #7.2.
70 Prog #: 5592 4405
Prog Desc: Training & Travel-Staff
Line Prelim
# Description of Changes 2025
Calendar
1 2 Miscellaneous workshops, seminars, certifications $700 3 Travel for call-outs
4 5
6 7
8 9
10 Total Account Detail $0 $0 $700
Fairgrounds
City of Calistoga
2025 Proposed Budget
Draft
Fund # :
Item #7.2.
Fund # : 70 Prog #: 5592 4408
Prog Desc: Uniforms
Line Prelim
# Description of Changes 2025
Calendar
1 $2,500
2 Pants
3 Boots
4 Jackets
5 Coveralls
6 Hats
7 Gloves
8 Shirts
9 Total Account Detail $0 $0 $2,500
Fairgrounds
City of Calistoga
2025 Proposed Budget
Draft
Item #7.2.
70 Prog #: 5592 4413
Prog Desc: Taxes
Line Prelim
# Description of Changes 2025
Calendar
1 2
3 4
5 6
7 8
9 10
Total Account Detail $0 $0 $0
Fairgrounds
City of Calistoga
2025 Proposed Budget
Draft
Fund # :
1/6/2025 10:54 AM 70-5592-XXXX Fairgrounds - Operations Maintenance-Calendar Year 2025 Item #7.2.
Fund # : 70 Prog #: 5592 4417
Prog Desc: Fuel & Oil
Line Prelim
# Description of Changes 2025
Calendar
1 $5,000
2 3
4 5
6 7
8 9
10 Total Account Detail $0 $0 $5,000
City of Calistoga
2025 Proposed Budget
Draft
Fairgrounds
Item #7.2.
Fund # : 70 Prog# 592 4424
Prog Desc: Health & Safety
Line Prelim
# Description of Changes 2025
Calendar
1 First Aid Supplies $200
2 Sprinklers/Hood Safety $12,000
3 4
5 6
7 8
9 10
Total Account Detail $0 $0 $12,200
Fairgrounds
City of Calistoga
2025 Proposed Budget
Draft
Item #7.2.
Fund # : 70 Prog #: 5592 4431
Prog Desc: Fees
Line Prelim
# Description of Changes 2025
Calendar
1 CERRVF $5,000
2 3
4 5
6 7
8 9
10 Total Account Detail $0 $0 $5,000
Fairgrounds
City of Calistoga
2025 Proposed Budget
Draft
Item #7.2.
Fund # : 70 Prog #: 5592 4510
Prog Desc: EQUIPMENT
Line Prelim
# Description of Changes 2025
Calendar
1 2 JD 5075 E/ 2 MX-10 540 with mower deck $0
3 Push mowers $1,500
4 Weed eaters $1,300
5 Chainsaws $1,700
6 Forklift $0
7 Power Broom $0
8 Spray tank for UlV $2,000
9 Side x side UlV's $0
10 UTV Trailers $2,500
11 Pick-up trucks (old PW Trucks) $0
12 Scissor lift $0
13 Blowers (electric) batteries, etc. $0
14 Various hand tools $20,000
15 Shop compressor $5,000
16 Portable generators(3500) $2,500
17 Tables & Chairs $20,000
18 19
20 Total Account Detail $0 $0 $56,500
Fairgrounds
City of Calistoga
2025 Proposed Budget
Draft
Item #7.2.
City of Calistoga
FY 24-25 Adopted Budget
Account Detail Budget Worksheet
Fund # : Prog #: Prog Desc: FAIRGROUNDS
General Unaudited Amended Projected Adopted
Ledger Description of Changes by Account & Summary Expenses Budget Budget Budget Acct # FY 22-23 FY 23-24 FY 23-24 FY 24-25
4401 MATERIALS/SUPPLIES $ -
4402 CONTRACT SERVICES 450,000
4405 TRAINING/MEETINGS
4410 ADVERTISING
4415 MAILING/COPYING
4430 EJESAND SUBSCRIPTIONS
4503 WATER/SEWER
4510 EQUIPMENT REPLACEMENT F l
ACTICIPATED REVENUES $ (100,000)
Totals|$ '- $ - $ - $ 350,000
Salaries and Benefits
4301 FAIRGROUNDS SALARIES $ 231,620
4302 FAIRGROUNDS OVERTIME PAY
4303 FAIRGROUNDS FICA/MEDICARE $ 18,132
4308 FAIRGROUNDS PART TIME WAGES $ - 4309 FAIRGROUNDS SPECIAL PAY 4310 FAIRGROUNDS PERS $ 23,394
4311 FAIRGROUNDS MEDICAL/DENTAL $ 15,269
4312 FAIRGROUNDS WORKER'S COMP $ 4,000
4313 FAIRGROUNDS OTHER BENEFITS $ 6,117
4316 FAIRGROUNDS EMPLOR PAD 401 (A) $ -
Total Salary and Benefits S - $ - $ - S 298,531
TOTAL FY 24-25 BUDGET $ - $ - $ - $ 648,531
89 Item #7.2.
2022 Fairgrounds Resilience Centers Program
Awarded Projects
# Fairgrounds Name Project Title/Description Award Amount Area (sq. ft.) Region 1 3rd DAA Silver
Dollar Fair
New Event Center and Jack Vanella Hall
Upgrade $30,000,000 72,500 Butte County
2 24th DAA Tulare
County Fair
Building 1 & 2 Demolition and Rebuild,
Building 3 Upgrade Completion $11,000,000 56,000 Tulare County 3 24A DAA Kings Fair Fairgrounds-Wide Infrastructure Upgrades $3,500,000 20,000 Kings County 4 26th DAA Amador
County Fair
Windmill Restaurant/Commissary Kitchen
Upgrade and Multi-Purpose Concession
Stands $1,500,000 2,300 Amador County
5 27th DAA Shasta
District Fair
Trinity Hall Upgrades and New Community
Kitchen $4,000,000 15,000 Shasta County
6 28th DAA San
Bernardino County
Fair Building 1 & 2 Upgrades $6,000,000 28,000
San Bernardino
County
7 35th DAA Merced
County Fair Yosemite Hall Upgrades and Pavilion Reroof $5,000,000 25,600 Merced County 8 50th DAA Antelope
Valley Fair
New Marcc Campus, Emergency Operations
Centers, and Culinary Facility $20,000,000 170,400 Los Angeles County 9 California Exposition
& State Fair
Restrooms in Livestock Area, HVAC at Expo
Center, Replacement of Fabric Tent on
Building D $7,000,000 78,800 Sacramento County
10 10th DAA Siskiyou
Golden Fair Fairgrounds Broadband Upgrade $100,000 - Siskiyou County 11 14th DAA Santa
Cruz County Fair Livestock Barns Upgrade $150,000 - Santa Cruz County 12 20th DAA Gold
Country Fair Placer Hall HVAC Upgrade $250,000 9,000 Placer County Item #7.2.
CALI FORN IA DEPAR TMENT O F
FOOD & AGRI CULT URE
September 30, 2024 F2024-06
TO: All Fair CEOs
SUBJECT: AB1499 Funds Allocation: Distribution Policy Framework The purpose of this letter is to provide clarification and information on the policy framework utilized in the most recent disbursement of the funds, commonly referred to as “AB1499 funds,” to eligible fairgrounds within the network of California fairs. As you are most likely aware, Assembly Bill 1499 (AB1499) (Chapter 798, Statute year 2017) codified Business and Professions Code 19620.15, which allowed three-quarters of one percent of the total amount of gross receipts for sales and use tax purposes generated on state-designated fairgrounds to be transferred to the California Department of Food and Agriculture (CDFA). With the AB1499 funds accumulating over several years, CDFA’s Fairs & Expositions Branch (F&E) was directed to create a policy framework for allocations moving forward. As a result, in May of 2023, various concepts for the distribution framework were presented to the fairground CEOs for their consideration.
Since then and throughout 2023, CDFA engaged in additional conversations with the industry for input and feedback, which were taken into consideration for the development and finalization of the policy framework. Subsequently, F&E made a determination on the amounts to be distributed from the AB1499 funds in late 2023.
Distribution Policy Framework
Being mindful of distribution balances to the industry without being overly complex, the framework consists of three pools of funds with distinct characteristics: Base Minimum, Operating Revenues, and Bonus/Profitability. Each pool is allotted a percentage of the total planned distribution. The policy framework was developed by incorporating ideas from varying philosophies as conveyed in the three different pools, where each pool can be thought of as having an allocation method independent of the other. For more information on requirements to be eligible, in general, to receive the AB1499 funds from this framework, please refer to the section labeled “Eligibility” later in this letter.
The Base Minimum pool will equally distribute the funds to all eligible fairgrounds. This method seeks to provide stability within the industry, which is especially meaningful for smaller fairgrounds given that smaller fairgrounds on average tend to have more difficulties increasing revenues and being profitable.
Example: If there are 73 eligible fairgrounds in the base minimum pool, then each fairground will receive approximately 1.4 percent of the total amount allocated to this pool.
Fairs and Expositions Branch ● 1220 N Street ● Sacramento, California 95814 State of California Telephone: 916.999.3000 ● www.cdfa.ca.gov/FairsAndExpositions Gavin Newsom, Governor Item #7.2.
F2024-06 AB1499 Funds Allocation: Distribution Policy Framework 9/30/2024
The Operating Revenue pool allocates funds based on the fairground’s operating revenue relative to the total pool’s operating revenue. This method provides an allocation that would be considered meaningful relative to the scale of the fairground’s operation, i.e., larger fairgrounds will generally receive more. An emphasis on the operating revenues will encourage additional economic activity to potentially increase the fairground’s share of the allocation while increasing the tax revenues generated on the fairground.
Example: If the fairground’s operating revenue is $1,000,000 and the total operating revenue in the pool is $400,000,000, then the fairground will receive 0.25 percent of the total amount allocated to this pool.
The Bonus/Profitability pool provides fairgrounds with additional funds based on achieving profitability, i.e., fairgrounds will receive a bonus for being profitable.
Fairgrounds will qualify for this pool if they make at least one dollar in operating profit.
The bonus amount will be based on the methodologies described for base minimum and operating revenue. The bonus amount is not based on the level of profitability but whether the fairground is profitable or not. This method will provide incentives for managers to be fiscally disciplined in their operations.
Clarification on Distribution
With the finalization of the policy, F&E determined the amounts for each fairground and initiated the allocation process in late 2023. The total amount allocated for distribution was approximately $12 million. Most eligible fairgrounds received these funds in the first quarter of 2024. For this distribution, the weighting allocated to each pool are shown below:
Pool Characteristic Percentage of Total
Allocation $12 Million Allocation*
Base Minimum 40% 4,800,000
Operating Revenue 45% 5,400,000
Bonus/Profitability 15% 1,800,000
Base Minimum (Bonus) 20% of Bonus pool 360,000
Operating Revenue (Bonus) 80% of Bonus pool 1,440,000
*The actual total allocation was slightly higher than $12 million due to rounding in each individual allocation. The figures shown above were calculated based on exactly $12 million for ease of displaying amounts per pool.
73 fairgrounds were determined to be eligible for this distribution. Within the distribution, 34 fairgrounds were eligible for the bonus pool.
To calculate the operating revenue and determine eligibility for the bonus pool, F&E used financial information from 2017, 2018, and 2019. The three-year average and Item #7.2.
F2024-06 AB1499 Funds Allocation: Distribution Policy Framework 9/30/2024
three-year median were averaged for these calculations. A graphic representing the methodology described in this letter is attached for your convenience.
Future Distributions and STOP Submission Impact
F&E plans to utilize information from 2019, 2022, and 2023 for the next distribution expected in the fourth quarter of 2024. Furthermore, future distributions are expected to be released in the fourth quarter on an annual basis. However, it is important to mention that while the framework was developed to create a methodology on how future distribution policies may look like, material changes to the amount transferred to CDFA, significant imbalances in the distribution, new legislations affecting the industry, or other various factors may bring about changes to the framework or percentages allocated to each pool.
With the distribution policy utilizing financial information from the fairgrounds, timely submission of financial information is critical for this process. Furthermore, Business and Professions Code 19622 subdivision (a) requires an annual submission of the Statement of Operations (STOP) to maintain eligibility to receive funds or to utilize state assets. Consequently, we urge you to make the necessary arrangements to submit the annual STOP in a timely manner, thus avoiding having the allocation for your fairground from being negatively impacted.
Annual STOPs are typically due within the first three months of the year. Failure to submit the STOP by the end of June each year will result in the Operating Revenue pool using $0 for calculation purposes and disqualification from the Bonus pool. Failure to submit the STOP by the end of September each year will disqualify your fairground from receiving the AB1499 funds for that year’s distribution cycle1. By setting these timelines, F&E will be in a better position to aggregate the information that is necessary to finalize the calculations and distribute the AB1499 funds to the industry in a timely manner.
Eligibility
As a reminder, in addition to submitting the annual STOP, to maintain eligibility for the AB1499 funds, fairgrounds are expected to abide by working conditions prescribed in Business and Professions Code 19620.15. Currently, F&E considers fairgrounds to be opted in unless they have previously explicitly opted out of receiving AB1499 funds.
Furthermore, a disqualification from the year’s AB1499 distribution cycle does not exempt your fairground from the application of required working conditions.
To opt out from receiving the AB1499 funds, board action must be taken to opt out of AB1499 funds and must be communicated to F&E. Additionally, if the intention to opt 1 For the next distribution, expected in the fourth quarter of 2024, the penalties described in this letter regarding delinquent submissions will take effect if the STOP is not received by F&E by October 31, 2024.
Item #7.2.
F2024-06 AB1499 Funds Allocation: Distribution Policy Framework 9/30/2024
out from AB1499 funds is to remove the fairground’s working condition requirements as prescribed in Business and Profession Code 19620.15, the board should also take action to remove the working condition policy.
If you have any questions, please contact me at 916-900-5365 or via email at [email protected].
Sincerely,
Michael Francesconi
Branch Chief
Enclosure
Item #7.2.
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AB1499 Allocations
Distribution Policy - Weighting
Operating Revenue
45% of Total Distribution
Base Minimum
40% of Total Distribution
Bonus
15% of Total Distribution
Base
Minimum
20%
of Bonus
Pool
Operating Revenue
80% of Bonus Pool
Item #7.2.
CDFA F&E
Collaborative Exchange
December 11, 2024
Mike Francesconi
Branch Chief
Fairs & Expositions
• New Funding Sources
• AB 1499 Allocation of funds
Item #7.2.
Proposition 4
(SB867)Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024 in 2025-26
• Prop 4 Authorized $10 Billion
• $40,000,000 – CDFA for the Network of California Fairs • (a) Enhance the ability of those facilities to serve as multirole community, staging, and evacuation centers to provide community resilience benefits during a disaster, state of emergency, local emergency, or de-energization event.
• (b) Deploy communications and broadband infrastructure at those facilities to improve their capability to serve as multirole community, staging, and evacuation centers and enhance local telecommunications service.
Item #7.2.
Proposition 4
(SB867)Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024 in 2025-26
• $37,600,000 in bond fund
• $36,900,000 for grants to Fairgrounds – for upgrading emergency response capabilities
• $700,000 is for administration
• Funding available for encumbrance or expenditure for two years through June 30, 2027
• Liquated by June 30, 2029
• These figures and dates are tentative. Final amounts and timelines will be announced when the Governor’s Budget is released for FY 25/26.
Item #7.2.
Proposition 4
(SB867)Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024 in 2025-26
• The Office of Emergency Services (OES) and Strategic Growth Council were awarded $60 million for competitive grants • Fairgrounds will be eligible for these grants
• grants shall be awarded to eligible facilities that deliver emergency response services
• Strategic Growth Council will work with CDFA to make sure there is no duplication with Fairground funds.
Item #7.2.
AB1499 Distribution Policy CDFA
Pool Characteristic ~$12 million
(Early 2024 Distribution)
~$6 million
(Recent Distribution)
Base Minimum 40% 50%
Operating Revenue 45% 30%
Bonus/Profitability 15% 20%
Bonus/Profitability Pool
Base Minimum 20% 40%
Operating Revenue 80% 60%
Item #7.2.
From: Douglas Allan
To: Public Comment; Scott Cooper; Donald Williams; Lisa Gift; Irais Lopez-Ortega; Kevin Eisenberg; Laura Snideman; Sheli Wright
Subject: Public comment for 1/14 city council meeting
Date: Tuesday, January 14, 2025 10:00:50 AM
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 Mayor and Council Members and City Staff,
I’m writing regarding several items on the 1/14 agenda related to the property.
1. $1.68M Educational Budget for 2025
I understand this budget is presented as “educational,” and it is serving its educational purpose. What I learned, once again, is that the property needs a lot of work as this budget shows. I believe it underscores the very issue I have been trying to address: the current approach we seem to be headed down appears to be fiscally challenging, if not outright impossible. To me, this exercise reinforces the point that we cannot simply go back to what the property used to be. Instead, we must re-envision the property with a bold, visionary, longterm, community-centered plan (See bullet point 4 below) before we spend any more money on the property. Operating at suboptimal capacity temporarily is a reasonable and necessary tradeoff to avoid the kind of deficit spending that this exercise indicates might be an option.
When we have a fully vetted plan THEN spend the money according to the plan.
2. Statistically Valid Survey and Community Input
I appreciate the council’s understanding of the importance of a statistically valid survey to gauge community priorities. Thank you. Furthermore, public participation is essential in developing this survey. Establishing a “Blue Ribbon Committee” of community members to guide this process in context with the larger long-term planning process would ensure transparency and inclusivity. I have heard multiple councilmembers express a wish to form a committee; this would be the right opportunity to do so. The time has come for the City Council to articulate its vision of how the City intends to facilitate reasoned public engagement beyond this survey. I have heard from many of the council that this survey is not the end all be all. So, what is the plan beyond this survey? Please take note of Tim Reilly's public comment on this item. He is a great professional resource for this city to supplement our own professional staff. By the way, there are other amazing professionals in this city who have also expressed an interest to me in volunteering their services to support this planning process.
3. Renaming the Fairgrounds Property
Renaming discussions should naturally emerge from the broader long-term planning process.
Including this item in a properly defined “Feasibility Plan” makes sense, while addressing it prematurely risks unnecessary debate without the context of a cohesive plan.
4. Long-Term Planning Process
A few months ago, many of us worked on a proposed 6-step plan for a comprehensive planning process. I submitted it as a public comment for the special meeting. Others have recently also submitted it for evaluation, too. This plan remains a viable starting point and Item #7.2.
could inform the “Feasibility Plan” referenced in the agenda. I urge the council to revisit this proposal and adopt it as a framework to guide the planning process.
In closing, I urge the council to prioritize long-term planning and ensure community involvement at every stage of the process. Many of us are offering what we believe to be constructive and reasonable recommendations, aiming to be proactive and helpful in expressing what we feel is in the best interest of the city.
Thank you for your time and consideration.
Doug Allan
Item #7.2.
From: Lana Richardson
To: Public Comment
Subject: Agenda items Jan 14
Date: Tuesday, January 14, 2025 1:10:07 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Laura Snideman,
Sheli Wright,
Donald Williams,
Irais Lopez-Ortega i
Scott Cooper
Kevin Eisenberg
Lisa Gift
With the purchase of the 70 acre property currently known as ‘Fairgrounds’, the City of Calistoga has achieved an incredible, long sought after opportunity. Consequently, the community and its elected officials must be very mindful of the immediate and long-term impact when making decisions about the property. Every decision must consider how to best address the immediate as well as future needs and uses of the property.
Thank you for your consideration, patience and thoughtful approach to this incredible opportunity for Calistoga.
Following are comments related to specific agenda items on Jan 14 Council meeting:
Item 5.6 Statistically valid survey - Although this item references 400 adult Calistoga contacts, I have been told it will be 400 completed surveys. Initially my concern was if only 400 were contacted, there would be a very low number of completed surveys. I’ve been advised that will not be the case. This is critical because it will likely take considerably more attempts to actually receive 400 completed surveys.
Another and even greater concern is the format, topics and wording of the actual questions of the survey. Developing the topics/questions for the survey should include input from a committee of community members who will work with the city/consultant.
Item 7.2 Educational review of draft Fairgrounds budget - as stated in this agenda item, any budget for the fairgrounds must be based on ‘informed review and discussion’. This informed review and discussion should definitely be based on the community input as provided by the completed survey. Developing a master plan for the property is of utmost importance, should be the highest priority and derived based on input from the survey. The objective should not be to ‘recreate’ the fairgrounds of the past but rather envision the future of the property to meet community objectives. Creating a master plan will define revenue opportunities, operational needs and strategic investments to enhance the property's functionality and sustainability for current and future generations.
There are some areas that may be obvious and necessary for interim, limited operation of some aspects of the fairgrounds facility that can generate revenue, such as the RV park. While some of those, e.g. sewer lines may be permanent, the majority should be considered temporary until a comprehensive master plan is developed and in place.
Item #7.2.
Item 7.3 Renaming the fairgrounds property - There is no urgency to renaming the property and it should therefore be deferred until a later time. It should evolve naturally perhaps as a direct result of what is envisioned and addressed in the master plan.
Lana Richardson
Calistoga
Item #7.2.
January 13, 2025
Dear Calistoga Council Members, Mayor Donald Williams and city Manager Laura Sniderman Lisa Gift
Scott Cooper
Irais Lopez-Ortega
Kevin Eisenberg
I am writing to add my voice to those who are concerned about the development of The Fairgrounds and the lack of a plan before engaging with possible groups such as the Sprint car Race Group. I along with my son Danny was very engaged in fighting Measure E, which would have been a huge financial burden on the City and Community. We knew the price the City would have paid was so out of line and the passage of a bond without a plan was not in the best interest of anyone. I believe our efforts in helping to defeat Measure E and encouragement to offer $2 million for the Fairgrounds was an important contribution to the eventual acquisition of the property. I applaud Mayor Williams for being bold and going in with the $2 million offer and I think all in the community appreciate his efforts. Now we are at another crossroads, do we just start giving out contracts for use of the Fairgrounds without a long term plan that is truly reflective of what the community wants and what is sustainable or do we take a pause and develop a cogent plan. What happened to the idea of a Blue Ribbon committee with a cross section of residents?? What happened to a survey of ALL residents?? Why are outside interests being allowed to dictate what happens with the Fairgrounds?? I urge all of you to take a pause and consider engaging the entire community in the development of the Fairgrounds. It is a once in a lifetime opportunity and one that we should all take great care in executing. Think how much we saved by not paying 17 million and wait to sign any contracts before serious, widespread input from the community. Many studies have been done and they might be worth reading and thinking about but most important is taking the time to develop a plan that reflects community interests..that has not happened as of yet.
Respectfully submitted,
Pat Merchant
Resort at Indian Springs
Item #7.2.
From: Dana Cole
To: Public Comment
Subject: Resiliency Fair and Prop 4 Grant Proposal
Date: Saturday, January 11, 2025 10:40:09 AM
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.
Please consider the following proposal for a "Resilieency Fair" on the fairgrounds property for the summer of 2025 and concurrent application for Prop 4 (AB 1499) grant funds "for upgrading emergency response capabilities." Background:
Since 1933 California has developed a system of state and local fairgrounds with a dual mission:
to host fairs and other activities to celebrate the state’s rich agricultural heritage;
and to provide sites for emergency response services and community resilience resources in times of great need.
The coming summer will mark the 10th Anniversary of the 2015 Valley Fire, a watershed moment in local history when thousands of wildfire victims were sheltered and cared for by Calistogans at our fairgrounds.
In addition, since 2017 the property has been continuously used for emergency support and community resilience benefits, including the massive fire camp deployment in 2020 and the ongoing use by emergency responders and public utilities following the Tubbs, Kincade, and Glass Fires.
Proposal:
It is in the interest of our community to promote our fairgrounds property as a “go-to” staging area for pre-positioned emergency response and resiliency resources. As a first step, a proposed use for the property is to host a multiday Resiliency Fair and/or Symposium in early summer 2025 with the participation of multiple entities, including:
Item #7.2.
Local fire, police and public works
Cal Fire
Fire Safe Councils
Wildfire survivors groups (Valley Fire, Coffey Park, Fountaingrove, etc)
Public utility companies such as PG&E, Verizon, Comcast, etc Vegetation management companies
Structural "fire-hardening" companies
Insurance companies
Through the use of informational booths, demonstrations, and presentations, the fair would serve as an educational forum on subjects such as:
Lessons learned from the Valley, Tubbs, Glass, and other local wildfire disasters
Preparedness (go-bags, checklists, vital record retention, insurance procedures, etc)
Local evacuation routes and alternatives
Defensible space strategies
Communications plans in the event of cellular failure
Community Emergency Response Training (CERT)
Wellness resources
Community resilience plan development
Benefits:
In addition to the obvious educational benefits, this event has the potential to position Calistoga as a leader in proactive community resilience, a natural complement to our reputational brand for “wellness” that dates back at least as far as Sam Brannan. Short of having experienced the devastating losses of some of our neighboring communities, we have “walked the walk” in a support role, both as caregivers and in emergency responders' ongoing use of our fairgrounds.
An immediate product of the event should be a Resiliency Plan for the property, with cost estimates, that can serve as the basis for a Prop 4 grant proposal for “upgrading emergency response capabilities” of the fairgrounds Item #7.2.
property. Priority items for such grant funds might include:
Water and sewer infrastructure rebuild
Butler kitchen rebuild (or) building replacement
Tubbs kitchen rebuild (or) building replacement
Onsite potable water storage
Health, safety, and ADA upgrades to current standards
Respectfully submitted,
Dana Cole
Cal Fire Chief Officer (retired)
FEMA National Executive Fire Officer
California Registered Professional Forester
Item #7.2.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Sheli Wright, Fairgrounds Revitalization Director Meeting: City Council - Jan 14 2025
Subject: Renaming the Fairgrounds Property
DESCRIPTION:
Renaming the Fairgrounds Property
RECOMMENDATION:
Consider Discussing the Item and Providing Staff Direction SUMMARY:
In July 2024, the Calistoga City Council approved the purchase of the Napa County Fairgrounds.
Since then, there has been discussion about restoring the property and bringing many of its former functions back online. As part of these initial discussions, community members have voiced interest in evaluating and assigning a new name to the Fairgrounds property.
With no formal naming process in place, staff are seeking Council direction on the next steps in this process.
ANALYSIS:
Over the course of the property’s history, it has held several names including Silverado Fairgrounds, Calistoga Fairgrounds, and Napa County Fairgrounds. While the City Council evaluates potential alternative or new names, it is important to consider if the name would represent the larger Napa Valley community or be specific to Calistoga.
There is a strong sense of pride in the ownership of the fairground's property among the community.
The name could further this pride of ownership, connecting generations, and fostering a sense of belonging among residents and visitors alike. Moreover, the name could enhance the fairgrounds' appeal, preserving its legacy while attracting interest and investment for its ongoing preservation.
Staff have gathered a list of options for the council's consideration:
1) Keep the Name - Keep the name Napa County Fairgrounds. 2) Consider one of the following name suggestions1. Upper Valley Fairgrounds – Suggested include all Upper and Napa Valley for the purposes of inclusion and support from the greater area.
2. Calistoga Fairgrounds – Suggested since the City of Calistoga owns the grounds; was a previous name
3. Silverado Grounds – The original fairgrounds name
Item #7.3.
4. Calistoga Provenance – The “birthplace”
5. Calistoga Common Grounds – meant for all
6. Terra Firma – Solid ground
3) Let the Community Choose - Direct staff to create a community poll on the city website site, market the poll, and bring back the top three choices to the City Council for a decision. 4) Include this in the Feasibility Plan - Since a name can be attributed to hope and aspirations, we can wait to rename the grounds with the implementation of the larger plan. 5) Naming Rights - Allow a sponsor to hold the naming rights with a sizable benefit towards the reconstruction of the grounds.
FINANCIAL IMPACT:
No funds have been budgeted for any of the options, however, if the name is changed without sponsorship, signage to reflect the change would be recommended at Fairway and Lincoln, on the Tubbs building and at the entry.
CEQA STATUS:
No CEQA review is required.
ATTACHMENT(S):
Fairgrounds Name
APPROVAL(S):
Connie Cardenas, Admin. Services Director Approved - Jan 02 2025 Rachel Stepp, Deputy City Manager Approved - Jan 02 2025 Laura Snideman, City of Calistoga | City Manager Approved - Jan 06 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Jan 06 2025 Item #7.3.
Fairgrounds Name
Calistoga City Council
January 14, 2025
Item #7.3.
RENAMING THE
FAIRGROUNDS
• As the first known fairgrounds in California to
come back to life, it would be appropriate to
consider renaming the grounds.
• Over the course of the property’s history, it has held several names including Silverado Fairgrounds,
Calistoga Fairgrounds, and Napa County Fairgrounds.
• While the City Council evaluates potential alternative or new names, it is important to consider if the name
would represent the larger Napa Valley community or
be specific to Calistoga.
Item #7.3.
List of Possibilities
Keep the Name - Keep the name Napa County Fairgrounds • Consider one of the following name suggestionsUpper Valley Fairgrounds –Includes all Upper and Napa Valley for the purposes of inclusion and support from the greater area.
Calistoga Fairgrounds – Suggested since the City of Calistoga owns the grounds; was a previous name
Silverado Grounds – The original fairgrounds name was Silverado Fairgrounds
Calistoga Provenance – The “birthplace”
Calistoga Common Grounds – meant for all
Terra Firma – Solid ground
• Let the Community Choose - Direct staff to create a community poll on the city website site, market the poll, and bring back the top three choices to the Calistoga City Council for a decision.
• Include this is the Feasibility Plan - Since a name can be attributed to hope and aspirations, we can wait to rename the grounds with the implementation of the larger plan.
• Naming Rights - Allow a sponsor to hold the naming rights with a sizable benefit towards the reconstruction of the grounds • How do you want to proceed? Item #7.3.
From: Lana Richardson
To: Public Comment
Subject: Agenda items Jan 14
Date: Tuesday, January 14, 2025 1:10:07 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Laura Snideman,
Sheli Wright,
Donald Williams,
Irais Lopez-Ortega
Scott Cooper
Kevin Eisenberg
Lisa Gift
With the purchase of the 70 acre property currently known as ‘Fairgrounds’, the City of Calistoga has achieved an incredible, long sought after opportunity. Consequently, the community and its elected officials must be very mindful of the immediate and long-term impact when making decisions about the property. Every decision must consider how to best address the immediate as well as future needs and uses of the property.
Thank you for your consideration, patience and thoughtful approach to this incredible opportunity for Calistoga.
Following are comments related to specific agenda items on Jan 14 Council meeting:
Item 5.6 Statistically valid survey - Although this item references 400 adult Calistoga contacts, I have been told it will be 400 completed surveys. Initially my concern was if only 400 were contacted, there would be a very low number of completed surveys. I’ve been advised that will not be the case. This is critical because it will likely take considerably more attempts to actually receive 400 completed surveys.
Another and even greater concern is the format, topics and wording of the actual questions of the survey. Developing the topics/questions for the survey should include input from a committee of community members who will work with the city/consultant.
Item 7.2 Educational review of draft Fairgrounds budget - as stated in this agenda item, any budget for the fairgrounds must be based on ‘informed review and discussion’. This informed review and discussion should definitely be based on the community input as provided by the completed survey. Developing a master plan for the property is of utmost importance, should be the highest priority and derived based on input from the survey. The objective should not be to ‘recreate’ the fairgrounds of the past but rather envision the future of the property to meet community objectives. Creating a master plan will define revenue opportunities, operational needs and strategic investments to enhance the property's functionality and sustainability for current and future generations.
There are some areas that may be obvious and necessary for interim, limited operation of some aspects of the fairgrounds facility that can generate revenue, such as the RV park. While some of those, e.g. sewer lines may be permanent, the majority should be considered temporary until a comprehensive master plan is developed and in place.
Item #7.3.
Item 7.3 Renaming the fairgrounds property - There is no urgency to renaming the property and it should therefore be deferred until a later time. It should evolve naturally perhaps as a direct result of what is envisioned and addressed in the master plan.
Lana Richardson
Calistoga
Item #7.3.
From: Douglas Allan
To: Public Comment; Scott Cooper; Donald Williams; Lisa Gift; Irais Lopez-Ortega; Kevin Eisenberg; Laura Snideman; Sheli Wright
Subject: Public comment for 1/14 city council meeting
Date: Tuesday, January 14, 2025 10:00:50 AM
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Dear Mayor and Council Members and City Staff,
I’m writing regarding several items on the 1/14 agenda related to the property.
1. $1.68M Educational Budget for 2025
I understand this budget is presented as “educational,” and it is serving its educational purpose. What I learned, once again, is that the property needs a lot of work as this budget shows. I believe it underscores the very issue I have been trying to address: the current approach we seem to be headed down appears to be fiscally challenging, if not outright impossible. To me, this exercise reinforces the point that we cannot simply go back to what the property used to be. Instead, we must re-envision the property with a bold, visionary, longterm, community-centered plan (See bullet point 4 below) before we spend any more money on the property. Operating at suboptimal capacity temporarily is a reasonable and necessary tradeoff to avoid the kind of deficit spending that this exercise indicates might be an option.
When we have a fully vetted plan THEN spend the money according to the plan.
2. Statistically Valid Survey and Community Input
I appreciate the council’s understanding of the importance of a statistically valid survey to gauge community priorities. Thank you. Furthermore, public participation is essential in developing this survey. Establishing a “Blue Ribbon Committee” of community members to guide this process in context with the larger long-term planning process would ensure transparency and inclusivity. I have heard multiple councilmembers express a wish to form a committee; this would be the right opportunity to do so. The time has come for the City Council to articulate its vision of how the City intends to facilitate reasoned public engagement beyond this survey. I have heard from many of the council that this survey is not the end all be all. So, what is the plan beyond this survey? Please take note of Tim Reilly's public comment on this item. He is a great professional resource for this city to supplement our own professional staff. By the way, there are other amazing professionals in this city who have also expressed an interest to me in volunteering their services to support this planning process.
3. Renaming the Fairgrounds Property
Renaming discussions should naturally emerge from the broader long-term planning process.
Including this item in a properly defined “Feasibility Plan” makes sense, while addressing it prematurely risks unnecessary debate without the context of a cohesive plan.
4. Long-Term Planning Process
A few months ago, many of us worked on a proposed 6-step plan for a comprehensive planning process. I submitted it as a public comment for the special meeting. Others have recently also submitted it for evaluation, too. This plan remains a viable starting point and Item #7.3.