Mayor
Donald Williams
Vice Mayor
Irais Lopez-Ortega
Councilmembers
Lisa M. Gift
Scott Cooper
Kevin Eisenberg
AGENDA
City Council
Tuesday, July 22, 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
2. Listen or participate via your phone – dial 1-669-900-6833, enter webinar ID: 83969761822
3. Watch or participate online via Zoom - click this link
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. Comments received after 2:00 p.m. will be made part of the written record and given to the Council after 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. REPORT FROM CLOSED SESSIONS
3. ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS This time is set aside to receive comments from the public regarding matters on the Consent Calendar or matters of municipal concern not on the agenda. Pursuant to Government Code section 54954.3 (the Brown Act), however, the Council cannot consider any issues or take action on any requests not on the agenda during this comment period. Speakers are encouraged to limit their comments to 3 minutes maximum so that all speakers have an opportunity to address the City Council.
4. CITY MANAGER’S REPORT
5. PROCLAMATIONS/PRESENTATIONS/ AWARDS
5.1. Calistoga Police Department's Annual Report
Recommended Action: - Receive the Presentation
Staff Report - Presentation of The Police Department's Annual Report - Pdf (Page 4 - 23)
6. CONSENT CALENDAR
6.1. Adoption of Consent Calendar
Recommended Action: To adopt consent calendar as presented / with the exception of
6.2. Consider adopting an Agreement with EKI Environment & Water to prepare bid documents to replace manual water meters with remote read meters.
Recommended Action: - Consider Adopting the Resolution
Staff Report - Agreement with EKI to provide bid documents for water meter replacement project - Pdf (Page 24 - 45)
6.3. Appointing a Calistoga Representative to the Napa Valley Tourism Corporation Recommended Action: Confirm the Mayor's appointment of Eric Reichart to the NVTC Staff Report - Appointing a Calistoga Representative to the Napa Valley Tourism Corporation - Pdf (Page 46 - 47)
PUBLIC COMMENT (Page )
6.4. Consider adopting a Resolution accepting grant funding from the State of California Office of Traffic Safety (OTS) for a Selective Traffic Enforcement Program (STEP).
Recommended Action: - Consider Adopting the Resolution
Staff Report - Accepting Grant Funding OTS STEP Program - Pdf (Page 48 - 64)
6.5. Consider adopting a resolution authorizing the City Manager to execute a contract with SHI for the purchase of Microsoft product licensing under the competitively bid, County of Riverside purchasing agreement, in an amount not to exceed $110,000.00 over the three-year contract term.
Recommended Action: - Consider Adopting the Resolution
Staff Report - Microsoft Enterprise Agreement - Pdf (Page 65 - 97)
6.6. Council will consider adopting the minutes from the 6/24 Regular City Council Meeting and the 6/24 and 6/17 Special City Council Meetings.
Recommended Action: - Consider Adopting the Minutes
Staff Report - Adoption of Minutes - Pdf (Page 98 - 105)
6.7. Consider adopting a Resolution accepting grant funding from the State of California Cannabis Tax Fund Grant Program (CTFGP).
Recommended Action: - Consider Adopting the Resolution
Staff Report - Accepting Grant Funding from California CTFGP - Pdf (Page 106 - 121)
6.8. Consider the City’s acceptance of an Offer of Dedication of an Easement to the City by the Trustees of the First Presbyterian Church of Calistoga for public right-of-way, sidewalk, curb return and other public purposes at 1407 3rd Street.
Recommended Action: Consider Adopting the Resolution accepting the Offer of Dedication of an Easement to the City by the Trustees of the First Presbyterian Church of Calistoga.
Staff Report - Offer of Dedication of Acceptance from First Presbyterian Church - Pdf (Page 122 - 127)
7. PUBLIC HEARING
8. GENERAL GOVERNMENT
8.1. Consider Authorizing the City Manager to Execute and Make Minor Modifications to Amendment No. 4 to Funding Agreement No. 842 with the Napa Valley Transportation
Authority (NVTA) to fund completion of the construction of the St. Helena to Calistoga Vine Trail Project in an Amount Not to Exceed $361,000.
Recommended Action: - Consider Adopting the Resolution
Staff Report - Napa Valley Vine Trail (NVTA) – Calistoga to St. Helena Segment – Amendment No. 4 to Funding Agreement No. 842 - Pdf (Page 128 - 137)
8.2. City Council Civic Operating Agreements - Revision to Vice Mayor Selection Recommended Action: By motion adopt the revised City Council Civic Operating Agreements modifying the Vice Mayor appointment process.
Staff Report - City Council Civic Operating Agreements - Revision to Vice Mayor Selection - Pdf (Page 138 - 159)
9. COUNCIL REPORTS
10. ADJOURNMENT
NOTICE: If you challenge a city’s zoning, planning, or other decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Judicial review of any City administrative decision may be had only if a petition is filed with the court not later than the 90th day following the date upon which the decision becomes final. Judicial review of environmental determinations may be subject to a shorter time period for Litigation, in certain cases 30 days following the date of final decision.
Pursuant to GC §54957.5: any writings/documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection on the City website at www.ci.calistoga.ca.us.
SUPPLEMENTAL MATERIAL RECEIVED AFTER THE POSTING OF THE AGENDA:
Any supplemental writings or documents distributed to a majority of the City Council regarding any item on this Agenda, after the posting of the Agenda, such writings or documents will be made available on the City’s website and will be available for public review in the City Clerk’s Office located at 1232 Washington Street, Calistoga, California, during normal business hours and by appointment.
AMERICANS WITH DISABILITIES ACT: The City can provide special assistance for persons with disabilities to participate in public meetings. To make a request for disability-related modification or accommodation please contact the City Clerk at [email protected] or (707) 942-2807. If you need assistance or accommodation, please provide notice at least 48 hours prior to the meeting. For TTY/ Speech-to-Speech users, dial 7-1-1 for the California Relay Service, offering free text-to-speech, speech-to-speech, and Spanish language services 24 hours a day, 7 days a week.
ACTA DE AMERICANOS CON DISCAPACIDADES Se les pide por favor que avise con 48 horas de anticipacion cuando necesita hacer un pedido de assistencia. Esto nos da suficiente tiempo antes de la junta para que la ciudad tome medidas razonables.
POSTING: I declare a copy of this agenda was posted at City Hall, 1232 Washington Street, Calistoga, among other locations in the city limits of Calistoga, on July 15, 2025, by 4:30 p.m.
Yudiana Galvan, City Clerk
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Matt McCaffrey, Police Chief
Meeting: City Council - Jul 22 2025
Subject: Presentation of The Police Department's Annual Report DESCRIPTION:
Receive the presentation
RECOMMENDATION:
Receive the Presentation
SUMMARY:
This presentation will be the Annual Report for the year 2024 by the Police Department ANALYSIS:
This report, although a downloadable version is attached to this staff report, will be in a web based format that the public can viewed by going to the Police Department's website. It will be available in both English and Spanish.
FINANCIAL IMPACT:
None
CEQA STATUS:
Not Applicable
ATTACHMENT(S):
PD 2024 Annual Report
APPROVAL(S):
Mitch Celaya, Assistant City Manager Approved - Jul 07 2025 Connie Cardenas, Admin. Services Director Approved - Jul 08 2025 Laura Snideman, City of Calistoga | City Manager Approved - Jul 15 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Jul 15 2025 Item #5.1.
AANNNNUUAALL RREEPPOORRTT
2024
CALISTOGA POLICE DEPARTMENT
Item #5.1.
A Message from the Chief of Police
Item #5.1.
Item #5.1.
Chief of Police
Lieutenant
CSO & Police Techs (2) Dispatchers Sergeant Sergeant
Communications
Manager
Police Officers (10)
14 Sworn
4 Dispatchers
1 CSO
2 Part-Time Police Techs
Item #5.1.
Item #5.1.
P
oliceS&B
69.6%
DispatchS&B
21.3%
OperatingCosts
9.1%
Item #5.1.
COPPS
30%
Tobacco
27.8%
CTFGP
23.2% DOJ STEP
16.5%
GVSG
2.5%
COPPS: Citizens Option for Public Safety
GVS: Gang Violence Suppression
DOJ STEP: State of California Department of Justice, Office of Traffic Safety Selective Traffic Enforcement Program
CTFGP: State of California Cannabis Tax Fund Grant Program DOJ Tobacco Grant: $278,141 over three years
The Calistoga Police Department
aggressively pursues
state and federal grants to help fund
programs and equipment
Item #5.1.
Officer Initiated Activity
82.9%
Calls for Service
17.1%
Item #5.1.
Patrol Check
62.6%
Business Checks
20.8%
Traffic Stops
10.4%
Traffic Enforcement
5.1%
Item #5.1.
P
riorityOnePriorityTwoPriorityThree
0.0 0.51.01.5 2.02.5 3.03.5
Item #5.1.
Crimes Against Person
Crimes Against Property
Crimes Against Society
0 50
100
150
200
Item #5.1.
T
otal Accidents InjuryDUI RelatedDUI Arrests
0 20
40 60
80 Item #5.1.
Immigration Issues
The Calistoga Police Department, in unity with our public safety partners in Napa County, does not enforce immigration laws and supports all members of our community.
Chief McCaffrey at a “Know Your
Rights” presentation put on by the Up
Valley Family Center
Item #5.1.
School Resource Officer
In partnership with the Calistoga Unified School
District a Calistoga Police Officer works with
students, staff and parents to make our schools safer!
This position is 50% grant funded, 25% school district
funnded and 25% funded by the City of Calistoga.
SRO Luis Ramirez
Item #5.1.
Community Involvement
The Calistoga Police Department is part of the community that we serve. We work with the school district, non-profits, local businesses and other community partners to maintain that important bond.
Item #5.1.
Training
Besides the mandated training required by the California Commission on Police Officers Standards and Training (POST), staff at the Calistoga Police Department receive training above and beyond those requirements.
Item #5.1.
Item #5.1.
A
fterservingasthePoliceChieffortheCityof
Calistogaforthepasttwelveyears,andover42
years in lawenforcement,ChiefCelayamoved
acrossthestreettoCityHall tobecomethe
AssistantCityManager.ThestaffatthePolice
DepartmentandtheCalistogaCommunityare
forevergrateful forhisservice! Item #5.1.
Connect with us!
Everbridge
Facebook
Instagram
[email protected]
Business Line: (707) 942-2810
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 - Jul 22 2025
Subject: Agreement with EKI to provide bid documents for water meter replacement project
DESCRIPTION:
Consider adopting an Agreement with EKI Environment & Water to prepare bid documents to replace manual water meters with remote read meters.
RECOMMENDATION:
Consider Adopting the Resolution
SUMMARY:
The City would like to move forward with monthly water and sewer billing for all utility customers (i.e., residential and commercial). We currently only bill commercial customers monthly, and all residential customers are billed every other month. Staff does not have enough time to manually read meters and invoice on a monthly basis without converting all utility meters to remote read capability. Monthly billing will improve cash flow for the utility and reduce confusion with our customers.
The City still has about 760 manual-read domestic water meters (almost half of the meters) left to convert to remote read. The majority of these, about 70%, require register replacement with the existing meter remaining in place, while the remaining 30% require a complete water meter replacement. Replacement of the registers will save costs and minimize customer service interruptions.
ANALYSIS:
Before the meters are replaced, staff needs a consultant to prepare bid documents that include plans and specifications detailing the construction project. The plan will detail locations and meter sizes that need to be replaced along with locations of register replacements and provide technical specifications along with general conditions that meet all the public contract bid requirements.
Staff advertised a request for proposals (RFP) on May 15, 2025, to provide bid documents for the meter project. The RFP was sent out to several of the City’s pre-qualified consultants that were vetted through the City’s Master Professional Services Agreement process. Two proposals were received, staff evaluated and determined EKI Environment & Water to be the most qualified firm to complete the project.
Staff has worked with EKI Environment & Water before on the geothermal metering project and recommends adopting the Consultant Service Agreement in an amount not to exceed $43,000. This Item #6.2.
amount reflects a 10% contingency ($4,000 more than proposal cost) with the understanding that the Public Works Director can negotiate up to this amount, if necessary for any unforeseen conditions.
FINANCIAL IMPACT:
The Project is included in the FY25/26 Budget under Account Nos. 12-5476-4915 Auto Meter Read Program, which has available funding of $500,000, the majority of which is for the purchase and installation of meters.
The amount not to exceed $43,000 for this portion of the project to prepare bid documents covers the consultant’s cost of $39,000 and includes a 10% contingency if it is necessary, for any unanticipated expenses that may occur.
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):
Resolution - FINAL
Agreement for Consultant Services - EKI (signed by EKI) APPROVAL(S):
Connie Cardenas, Admin. Services Director Approved - Jul 08 2025 Laura Snideman, City of Calistoga | City Manager Approved - Jul 08 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Jul 10 2025 Item #6.2.
ATTACHMENT 1
RESOLUTION NO. 2025-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF NAPA,
STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO AWARD AN AGREEMENT FOR CONSULTANT SERVICES IN AN AMOUNT NOT TO EXCEED $43,000 TO EKI ENVIRONMENT & WATER FOR THE CITY’S WATER METER REPLACEMENT
PROJECT
WHEREAS, the City would like to move forward with monthly water and sewer billing for all utility customers (i.e. residential and commercial) to improve cash flow for the utility and reduce confusion with our customers; and
WHEREAS, staff does not have the resources to manually read meters for monthly billing without converting all utility meters to remote read capability; and WHEREAS, the City still has about 760 manual read domestic water meters (almost half of the meters) left to convert to remote read; and
WHEREAS, before the meters are replaced, staff requires a consultant to prepare bid documents that include plans and specifications detailing the construction project. The plan will detail locations and meter sizes that need to be replaced along with locations of register replacements and provide technical specifications along with general conditions that meet all the public contract bid requirements; and
WHEREAS, staff advertised a request for proposals (RFP) on May 15, 2025, to provide bid documents for the meter project and received two proposals and determined EKI Environment & Water to be the most qualified firm to complete the project; and WHEREAS, staff recommends adopting the agreement in an amount of $39,000 and allow the Public Works Director to negotiate and amend the agreement up to a not to exceed amount of $43,000 for any unanticipated expenses that may occur; and WHEREAS, the Project is included in the FY25/26 Budget under Account Nos. 12-5476- 4915 Auto Meter Read Program, which has available funding of $500,000; and WHEREAS, the recommended action is not a project under the definitions contained in the Guidelines of the California Environmental Quality Act (CEQA) and is therefore exempt from CEQA.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY find the following:
1. Authorizes the City Manager to Award an Agreement to EKI Environment & Water to complete project designs and specifications for the City's water meter replacement project up to a not to exceed amount of $43,000.
Item #6.2.
2. Authorizes the Public Works Director to negotiate and up to a not to exceed amount of $43,000 for any unanticipated expenses that may occur.
PASSED, APPROVED AND ADOPTED this 22nd day of JULY 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 #6.2.
Item #6.2.
Item #6.2.
Item #6.2.
Item #6.2.
Item #6.2.
Item #6.2.
Item #6.2.
Item #6.2.
Item #6.2.
Item #6.2.
Item #6.2.
Item #6.2.
Item #6.2.
Item #6.2.
Item #6.2.
Item #6.2.
Item #6.2.
Item #6.2.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Yudiana Galvan, City of Calistoga | City Clerk
Meeting: City Council - Jul 22 2025
Subject: Appointing a Calistoga Representative to the Napa Valley Tourism Corporation
DESCRIPTION:
Appointing a Calistoga Representative to the Napa Valley Tourism Corporation RECOMMENDATION:
Confirm the Mayor's appointment of Eric Reichart to the NVTC SUMMARY:
The NVTC manages the Napa Valley Tourism Improvement District, which is funded by a 2% assessment on short-term lodging rentals. This assessment is collected from hotels, motels, and bed and breakfasts.
A 15-member board of directors shall manage the Napa Valley Tourism Corporation. Eight board members shall be representatives of assessed lodging businesses. Those eight board members shall represent lodging businesses from each of the five cities and Napa County in proportions equal to the amount of assessment paid by each jurisdiction, with each jurisdiction having at least one representative.
The Mayor's appointment to the NVTC is Eric Reichart.
FINANCIAL IMPACT:
None
CEQA STATUS:
None
APPROVAL(S):
Connie Cardenas, Admin. Services Director Approved - Jul 10 2025 Laura Snideman, City of Calistoga | City Manager Approved - Jul 11 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Jul 14 2025 Item #6.3.
1 Yudiana Galvan
From: Eric Reichert
Sent: Tuesday, July 22, 2025 11:41 AM
To: Public Comment
Subject: Item No. 6.3
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.
Mayor Williams and Councilmembers,
Thank you for the opportunity to represent Calistoga on the Napa Valley Tourism Corporation board.
I’m grateful for your trust and support, and if approved, please know that I’ll work hard to ensure our community’s interests are strongly represented at the regional level.
A special thanks to Mayor Williams. His work on this board has made a real and lasting impact. He’s consistently shown up prepared, asked the tough questions, and put Calistoga first. His thoughtful leadership and dedication to protecting our town have not gone unnoticed, and I promise to carry that same spirit forward.
I’m excited for the opportunity to continue that momentum and make sure Calistoga’s voice is heard in every conversation that matters.
Thanks again!
Eric
--
Eric Reichert
President / CEO
Calistoga Chamber of Commerce
Item #6.3.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Matt McCaffrey, Police Chief
Meeting: City Council - Jul 22 2025
Subject: Accepting Grant Funding OTS STEP Program
DESCRIPTION:
Consider adopting a Resolution accepting grant funding from the State of California Office of Traffic Safety (OTS) for a Selective Traffic Enforcement Program (STEP).
RECOMMENDATION:
Consider Adopting the Resolution
SUMMARY:
The Calistoga Police Department applied for, and was awarded, a grant in the amount of $60,000.00 from the State of California Office of Traffic Safety to implement a Selective Traffic Enforcement Program. This grant will fund equipment and staff overtime related to DUI checkpoints, saturation patrols, and officer training (See attached Application).
Specifically, the grant will fund:
Conduct three (3) DUI/Driver's License Checkpoints.
Conduct eight (8) DUI Saturation Patrol operations.
Conduct two (2) Traffic Enforcement operations focusing on primary crash factor violations. Conduct two (2) Distracted Driving enforcement operations Training for officers to include POST certified training courses in Standardized Field Sobriety Testing, Advanced Roadside Impaired Driving, and Drug Recognition Expert training.
ANALYSIS:
The funds for this grant will reimburse the purchase of equipment and staff overtime related to DUI checkpoints and saturation patrols. The Office of Traffic Safety Selective Traffic Enforcement Program requires the City of Calistoga City Council to approve a resolution to accept the grant funding and to enter into an Agreement with the California Department of Justice.
FINANCIAL IMPACT:
The acceptance of this grant will supplement the Police Department by reimbursement for an amount up to $60,000.00 under account 01-3228-0002. There is no requirements for matching funds.
CEQA STATUS:
Not Applicable
Item #6.4.
ATTACHMENT(S):
DRAFT Reso OTS Grant
2026 OTS STEP Grant Application
APPROVAL(S):
Mitch Celaya, Assistant City Manager Approved - Jul 09 2025 Connie Cardenas, Admin. Services Director Approved - Jul 10 2025 Laura Snideman, City of Calistoga | City Manager Approved - Jul 11 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Jul 14 2025 Item #6.4.
RESOLUTION NO. 2025-XX
ADOPTED JULY 22, 2025
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF
NAPA, STATE OF CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF GRANT FUNDS IN THE AMOUNT OF $60,000.00 FROM THE CALIFORNIA OFFICE OF
TRAFFIC SAFETY
WHEREAS, the State of California requires that the Calistoga City Council approve a resolution in order to accept grant funding; and WHEREAS, the City of Calistoga desires to accept the Office of Traffic Safety Selective Traffic Enforcement Program Funds for the fiscal year 2025-26; and WHEREAS, the grant requires the City of Calistoga to enter into a Memorandum of Understanding with the California Department of Justice.
NOW, THEREFORE BE IT RESOLVED that the City Manager or designee is hereby authorized to execute and submit for and on behalf of the City of Calistoga, a local government established under the laws of the State of California, applications and other related documents, including agreements amendments, extensions, and grant award documents, for the purpose of obtaining grant funding from the Office of Traffic Safety Selective Traffic Enforcement Program that this authorization shall be in effect for the duration of Fiscal Year 2025-26 grant period.
PASSED, APPROVED AND ADOPTED this 22nd
day of July 2025. I, YUDIANA GALVAN, CITY CLERK OF THE CITY O F C A L I S T O G A , HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
Yudiana Galvan, City Clerk Donald Williams, Mayor
Item #6.4.
Application :: Page 1 of 14
Application Information
Application No: 26-006937
Application Type: STEP Agency (City
or County): Calistoga
Department
(Police
Dept, DA
Office, etc):
Calistoga Police
Department
Authorized
Representative:
Samantha
Arlen
Additional
Contact Email: [email protected] DUNS/SAMNumber: MHQLJLV7CAB3
DUNS/SAM
Expiration Date:
DUNS/SAM
Registered
Address:
1232 Washington
Street
DUNS/SAM
City: Calistoga
DUNS/SAM
ZIP+4: 94515-1440
Application Summary
Grants Made Easy Application Titles and Descriptions are pre-populated. For General Grants, provide the Application Title and Application Description.
Application Title:
Selective Traffic Enforcement Program (STEP)
Application Description:
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.
Problem Statement
Describe the problem(s) to be addressed utilizing current data, do not include state or national information.
1. Describe the city, county, or jurisdiction this grant will impact.
Item #6.4.
Application :: Page 2 of 14
Problem Statement:
The City of Calistoga located at the north end of Napa County in the well-known wine country of California.
Calistoga has a population of 5,200 residents and is 2.2 square miles and is situated between Highway 29 and Silverado Trail. Calistoga is known for being a tourist destination due to its high-end luxury resorts, hot springs, and many tasting rooms which brings in an influx of drivers throughout the year to the City of Calistoga.
2. Describe the problem(s) to be addressed, supported by current and relevant crash data. (most recent calendar year data/stats)
Problem Statement:
The traffic safety problems to address in Calistoga are the number of alcohol related arrests (DUI), traffic accidents and vehicle collisions occurring within city limits. In 2023, there were 19 DUI arrests made, and 22 accidents reported with an additional 10 hit and run incidents. In 2024, there were 27 DUI arrests made with 2 arrests being DUI drug related, and 21 accidents reported with an additional 45 hit and run accidents. We still continue to have limited public transportation resources which is a contributing factor to impaired driving and traffic related accidents in Calistoga.
Calistoga has the unique challenge of tourist drivers that come from all over the united stated and foreign countries, that are unfamiliar with our roadways and California laws of the road. This can increase the chances of traffic related crashes. Calistoga Police Department with ongoing grant funding, will be able to provide additional patrol units during our high tourist season and conduct greater traffic enforcement activities in our area.
3. Define the target population the grant intends to serve and how they are affected by the problem(s).
Problem Statement:
The target population the Calistoga Police Department intends to serve is the citizens of Calistoga and the numerous employees who work within Calistoga and drive from other counties for employment. The target population is affected by the above problems due to road closures, monetary loss of wages, unsafe roadways and unsafe drivers from in and out of the area.
Item #6.4.
Application :: Page 3 of 14
Traffic Data Summary:
City Applicants: Complete the table below using the most current local data and update the 20XX years in the table (do not use the OTS Rankings or SWITRS).
County or State Applicants: Complete the table below using SWITRS data and update the 20XX years in the table.
Crash
Type 2024 2023 2022
Crashes Victims Crashes Victims Crashes Victims
Fatal 0 0 0 0 0 0
Injury 22 22 6 8 12 12
Fatal Injury Killed Injured Fatal Injury Killed Injured Fatal Injury Killed Injured Alcohol -
Involved 0 1 o 1 0 1 0 1 0 1 0 1
Hit & Run 0 0 0 0 0 1 0 1 0 1 0 1
Nighttime
(2100-0259
hours)
0 2 0 2 0 3 0 4 1 0 1 0
Top 3 Primary Crash Factors Fatal Injury Killed Injured #1 - Yielding 0 0 0 0
#2 - Unsafe Backing 0 0 0 0
#3 - DUI 0 1 0 1
Proposed Solution
Equity:
1. Our agency addresses equity in our traffic safety efforts by working with local community organizations to assist our community members with safe driving practices and information. Education and outreach are conducted for families and student drivers through presentations and programs such as Start Smart and Every15 Minutes. We work with bilingual partners and utilize our bilingual officers to make sure that our community is provided with the knowledge and information to help keep them safe on our roadways.
2. Our agency will address equity in the proposed grant activates by providing educational programs and materials in both English and Spanish. We will continue to partner with our community organizations to promote safe driving and best practices for families and teen drivers and ensure comprehension and understanding of information. We have begun to use our social media platforms to provide information and knowledge to our community members in an effort to make a positive and trustworthy impact on our community at large.
Strategies
Strategies:
Our agency will work to solve the problems by conducting more enforcement efforts through DUI checkpoints, saturation patrol efforts and community outreach and engagement. Calistoga is a small rural community and with ongoing enforcement efforts our community will be able to see our efforts to enhance roadway safety to the fullest existent possible through outreach and enforcement.
Our agency will send all new officers to SFST and ARIDE trainings, so they are confident in their enforcement abilities to participate in DUI checkpoints and saturation patrols. Our agency will explore ways to outreach to our community that gets to the root of traffic related issues and concerns through social media campaigns and community forums.
Item #6.4.
Application :: Page 4 of 14
Agency Qualifications:
1. Our current staffing levels will allow for us to conduct proactive activities within the next fiscal year with projected hiring of one more officer in 2025.
2. Our agency has two Sergeants with a combined 50 years of law enforcement experience and knowledge in the area of traffic and enforcement. We have a Police Corporal with four years' experience managing grant funds and QPR data reporting requirements who will be a resource to help manage this continued proposed grant request through OTS.
3. Any grants or contracts that are awarded need to be approved by our city council with a 30-day window for requested approval of awarded funding and grant requirements.
Community Collaboration and Engagement
Provide a description of the community collaboration and engagement activities that will be conducted and/or participated in by your department and addresses traffic safety. Community collaboration and engagement allows for the appropriate department personnel to engage in conversations to both share information and receive input from the community members regarding traffic safety.
Community Collaboration and Engagement:
The Calistoga Police Department is currently engaged with the CJUSD and implementing the Every 15 Minutes program with a direct relationship with MADD. Our agency will continue to work with our School Resource Officer (SRO) to collaborate with our local community organizations and nonprofit organizations to address traffic safety issues at the school level.
The Chief of Police will assist with identifying community traffic safety concerns and bring them to the attention of patrol officers assigned to the grant objectives and goals. Community engagement activities will include Safety Days, Parent Night presentations, National Night Out. and social media campaigns. Traffic safety resources will be distributed to our local nonprofit organizations and service organizations (Rotary and Soroptimist) to provided up to date information to our community members that focuses on current trends and concerns related to our area.
Item #6.4.
Application :: Page 5 of 14
Goals
Description
Reduce the number of persons killed in traffic crashes.
Reduce the number of persons injured in traffic crashes.
Reduce the number of pedestrians killed in traffic crashes.
Reduce the number of pedestrians injured in traffic crashes.
Reduce the number of bicyclists killed in traffic crashes.
Reduce the number of bicyclists injured in traffic crashes.
Reduce the number of persons killed in alcohol-involved crashes.
Reduce the number of persons injured in alcohol-involved crashes.
Reduce the number of persons killed in drug-involved crashes.
Reduce the number of persons injured in drug-involved crashes.
Reduce the number of persons killed in alcohol/drug combo-involved crashes.
Reduce the number of persons injured in alcohol/drug combo-involved crashes.
Reduce the number of motorcyclists killed in traffic crashes.
Reduce the number of motorcyclists injured in traffic crashes.
Reduce hit & run fatal crashes.
Reduce hit & run injury crashes.
Reduce nighttime (2100 - 0259 hours) fatal crashes.
Reduce nighttime (2100 - 0259 hours) injury crashes.
Custom Description
Community Education and Outreach
Objectives
Included Target
Number Description
Yes 1
Issue a news release announcing the kick-off of the grant by December 31st. The kick-off news releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 7 days prior to the issuance date of the release.
Yes 10
Participate and report data (as required) in the following campaigns; Quarter 1: National Pedestrian Safety Month, National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: National Speed Prevention Campaigns, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
Item #6.4.
Application :: Page 6 of 14
Yes 12
Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly.
Yes 4
Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training.
Yes 2
Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training.
Yes 1
Send law enforcement personnel to the Drug Recognition Expert (DRE) training (classroom and field training must be completed).
No 0 Send law enforcement personnel to the DRE Recertification training.
No 0 Send law enforcement personnel to SFST Instructor training.
No 0 Send law enforcement personnel to DRE Instructor training.
Yes 3
Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
Yes 8 Conduct DUI Saturation Patrol operation(s).
No 0
Conduct Court Sting operation(s) to cite individuals driving to and from the court after having their driver's license suspended or revoked.
No 0
Conduct Warrant Service operation(s) targeting multiple DUI offenders who fail to appear in court.
No 0
Conduct Stakeout operation(s) that employ law enforcement officers to observe repeat DUI offender probationers with suspended or revoked driver licenses.
Yes 2
Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
Yes 2
Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
No 0
Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers.
No 0 Conduct Nighttime (1800-0559) Click It or Ticket enforcement operation(s).
Yes 2
Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers.
Yes 2
Conduct Traffic Safety educational presentation(s) with an effort to reach community members.
Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
No 0 Conduct Know Your Limit campaigns with an effort to reach members of the community.
Yes 4 Participate in highly visible collaborative DUI Enforcement operations.
Yes 2 Participate in highly visible collaborative Traffic Enforcement operations.
No 0 Send law enforcement personnel to DUI Checkpoint Planning and Management training.
No 0
Conduct specialized enforcement operations focusing specifically on street racing and sideshow activities.
No 0
Conduct Illegal Street Racing and Modified Vehicle training classes for law enforcement personnel.
No 0
Identify grant funded, straight time personnel. Include any vacancies or staff changes that have occurred. For any vacancies, include the status of filling the vacancy.
Item #6.4.
Application :: Page 7 of 14
Yes 2
Participate in community collaboration and engagement activities to engage in conversations regarding traffic safety to both share information and receive input from the community members.
No 0
Utilize the oral fluid drug screening device at roadside to assist with identifying drug use during DUI investigations. Report on the use, accomplishments, or challenges associated with the use of the oral fluid drug screening device.
No 0
Send law enforcement personnel to a POST certified implicit bias training, such as; Implicit Bias and Community Policing, Principles Policing, or Beyond Bias.
Included Target Number Custom Description
Method of Procedure
Phase 1 - Program Preparation:
The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
Conduct all training needed to implement the program, in the first quarter.
Purchase all grant related supplies and materials to implement the program, in the first quarter.
Items with a unit cost of $5,000 more (including tax and shipping) must comply with Buy America.
In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly.
Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.
Media Requirements
Issue a news release approved by the OTS PIO announcing the kick-off of the grant by December 31 and after the grant is signed and executed, but no sooner than October 1, the start of the grant year. The kick-off release must be approved by the OTS PIO. If you are unable to meet the December 31 deadline to issue a kick-off press release, communicate reasons to your OTS grant coordinator and OTS PIO.
Phase 1 - Program Preparation Addendum:
Phase 2 - Program Operations:
Item #6.4.
Application :: Page 8 of 14
Media Requirements
The following requirements are for all grant-related activities:
Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
Send all PowerPoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process.
The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator.
Pre-approval is not required when using any OTS-supplied template for media advisories, news releases, social media graphics, videos or posts, or any other OTS-supplied educational material. However, copy the OTS PIO at [email protected] and your OTS grant coordinator when any material is distributed to the media and public, such as a news release, educational material, or link to social media post.
If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator.
News releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are EXEMPT from the OTS PIO approval process. The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are EXEMPT from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your OTS grant coordinator with the embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.
Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval.
Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS grant coordinator for approval prior to the production or duplication.
Use the following standard language in all press, media, and printed materials, space permitting: Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.
Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult the OTS PIO and copy your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.
Email the OTS PIO at [email protected] and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event. If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant-related event or program. Media and program highlights are to be reflected in QPRs.
Any news releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and OTS Grants Media Approval Process FAQs on the OTS website.
Contact the OTS PIO or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted.
Item #6.4.
Application :: Page 9 of 14
Phase 2 - Program Operations Addendum:
Phase 3 - Data Collection:
1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)
2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
Collect and report quarterly, appropriate data that supports the progress of goals and objectives.
Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
Collect, analyze and report statistical data relating to the grant goals and objectives.
Phase 3 - Data Collection Addendum:
Budget
Personnel Costs
Hourly Rates - When requesting hours for personnel, enter them as straight time or overtime (for Enforcement Overtime, please use section below) and include the amount of hours that they will spend on grant operations.
Example: Personnel getting paid 100% by the grant working a full year at $41.00 per hour would be entered as Straight time, 2080 Units, $41.00 Unit cost or Rate, and 100% Percent Paid by Grant. This gives a total of $85,280.00 for the year.
Benefits – If requesting benefits for personnel, enter all benefits as a separate line item for each. Start the Item Name with the word 'Benefits', enter the corresponding straight time or overtime total amount in the Unit Cost or Rate, and enter the Benefits Rate to have the system calculate Benefit Costs. (Unit Cost) X (Benefits Rate) = Benefit Costs. To properly relate benefits to the correct personnel line item use the Display Order field, for example use 100.0 for Display Order for the personnel line item and 100.1 for Display Order for the associated Benefits.
Display
Order
Cost
Category
Item
Name
Position
Type
Benefit
Rate
Unit Cost or
Rate Units Percent Paidby Grant
Calculated Cost
to Grant
Item #6.4.
Application :: Page 10 of 14
Display
Order
Cost
Category Enforcement Activity Item Name Unit Costor Rate Units CalculatedCost to Grant
1.0 A.
Personnel
Costs
Collaborative DUI
Enforcement
Collaborative DUI
Enforcement $125.00 64 $8,000.00
2.0 A.
Personnel
Costs
Collaborative Traffic
Enforcement
Collaborative Traffic
Enforcement $125.00 24 $3,000.00
3.0 A.
Personnel
Costs
Community Collaboration
Engagement
Community Collaboration
Engagement $125.00 16 $2,000.00
4.0 A.
Personnel
Costs
Distracted Driving
Enforcement
Distracted Driving
Enforcement $125.00 24 $3,000.00
5.0 A.
Personnel
Costs
DUI/DL Checkpoints DUI/DL Checkpoints $125.00 96 $12,000.00
6.0 A.
Personnel
Costs
DUI/DL Checkpoints DUI/DL Checkpoints $86.00 24 $2,064.00
7.0 A.
Personnel
Costs
DUI/DL Checkpoints DUI/DL Checkpoints $96.00 24 $2,304.00
8.0 A.
Personnel
Costs
DUI/DL Checkpoints DUI/DL Checkpoints $85.00 24 $2,040.00
9.0 A.
Personnel
Costs
DUI Saturation Patrols DUI Saturation Patrols $125.00 96 $12,000.00
10.0 A.
Personnel
Costs
DUI Saturation Patrols DUI Saturation Patrols $96.00 48 $4,608.00
11.0 A.
Personnel
Costs
Pedestrian and Bicycle
Enforcement
Pedestrian and Bicycle
Enforcement $125.00 24 $3,000.00
12.0 A.
Personnel
Costs
Pedestrian and Bicycle
Enforcement
Pedestrian and Bicycle
Enforcement $96.00 12 $1,152.00
13.0 A.
Personnel
Costs
Traffic Enforcement Traffic Enforcement $125.00 24 $3,000.00
14.0 A.
Personnel
Costs
Traffic Enforcement Traffic Enforcement $96.00 12 $1,152.00
15.0 A.
Personnel
Costs
Traffic Safety Educational
Presentations
Traffic Safety Educational
Presentations $125.00 16 $2,000.00
Personnel Costs: $61,320.00
Travel Expenses
Display Order Cost Category Item Name Unit Cost or Rate Units Calculated Cost to Grant Travel Expenses: $0.00
Item #6.4.
Application :: Page 11 of 14
Contractual Services
Do not include brand names or names of specific organizations.
Display Order Cost Category Item Name Unit Cost or Rate Units Calculated Cost to Grant Contractual Services: $0.00
Equipment (must have Unit Cost of at least $10,000 including tax and shipping) Do not include brand names or names of specific organizations.
Please include an equipment quote in the Upload Documents Tab.
NOTE : When creating a new "Equipment" budget item, the Standard Language Item drop down list may not be available. When this is the case, complete only the required fields and save the budget item. Once saved, select the Edit button (pencil icon); the Standard Language Item drop down list will be available for selection. Alternatively, if not requesting a Standard Language Item, please utilize the Custom Narrative field to enter an appropriate narrative.
Display Order Cost Category Item Name Unit Cost or Rate Units Calculated Cost to Grant Equipment: $0.00
Other Direct Costs (must have Unit Cost of less than $10,000, including tax and shipping) Do not include brand names or names of specific organizations.
NOTE : When creating a new "Other Direct Cost" budget item, the Standard Language Item drop down list may not be available. When this is the case, complete only the required fields and save the budget item. Once saved, select the Edit button (pencil icon); the Standard Language Item drop down list will be available for selection. Alternatively, if not requesting a Standard Language Item, please utilize the Custom Narrative field to enter an appropriate narrative.
Display Order Cost Category Item Name Unit Cost or Rate Units Calculated Cost to Grant Other Direct Costs: $0.00
Indirect Costs
NOTE - Entry for Indirect Cost is different than prior years. Please read instructions carefully.
Item Name should indicate the % and the types of costs subject to the Indirect Cost Rate e.g. 15% of Salaries and Benefits. Enter one Unit Cost equal to the estimated Indirect Costs.
Indirect Cost Rate must be supported by a federally approved indirect cost rate letter and uploaded to the application.
Display Order Cost Category Item Name Units Unit Cost or Rate Calculated Cost to Grant Indirect Costs: $0.00
Total Requested Funding: $61,320.00
Item #6.4.
Application :: Page 12 of 14
Narrative Review
Review and update Narrative for Budget Items
Item #6.4.
Application :: Page 13 of 14
Cost
Category Item Narrative Custom Narrative
A.
Personnel
Costs
Collaborative DUI
Enforcement
Overtime for grant funded Collaborative DUI
Enforcement operations conducted by appropriate
department personnel
2 officers per CDE @ 8
hours
A.
Personnel
Costs
Collaborative
Traffic
Enforcement
Overtime for grant funded Collaborative Traffic
Enforcement operations conducted by appropriate
department personnel
2 officers per CTE @ 6
hours
A.
Personnel
Costs
Community
Collaboration
Engagement
Overtime for grant funded community collaborative
engagement conducted by appropriate department
personnel.
2 officers per CCE @ 4
hours
A.
Personnel
Costs
Distracted Driving
Enforcement
Overtime for grant funded law enforcement operations
conducted by appropriate department personnel.
2 officers per DDE @ 6
hours
A.
Personnel
Costs
DUI/DL
Checkpoints
Overtime for grant funded law enforcement operations
conducted by appropriate department personnel.
4 officers per DUI
checkpoint @ 8 hours.
A.
Personnel
Costs
DUI/DL
Checkpoints
Overtime for grant funded law enforcement operations
conducted by appropriate department personnel.
1 CSO for DUI
Checkpoints @ 8 hours.
A.
Personnel
Costs
DUI/DL
Checkpoints
Overtime for grant funded law enforcement operations
conducted by appropriate department personnel.
1 dispatcher for DUI
Checkpoints @ 8 hours.
A.
Personnel
Costs
DUI/DL
Checkpoints
Overtime for grant funded law enforcement operations
conducted by appropriate department personnel.
2 Public Works crew @ 4
hours per DUI
Checkpoint
A.
Personnel
Costs
DUI Saturation
Patrols
Overtime for grant funded law enforcement operations
conducted by appropriate department personnel.
2 officers for Saturation
Patrol @ 6 hours
A.
Personnel
Costs
DUI Saturation
Patrols
Overtime for grant funded law enforcement operations
conducted by appropriate department personnel.
1 dispatcher for
Saturation Patrol @ 6
hours
A.
Personnel
Costs
Pedestrian and
Bicycle
Enforcement
Overtime for grant funded law enforcement operations
conducted by appropriate department personnel.
2 officers for Ped/Bike
Enforcement @ 6 hours
A.
Personnel
Costs
Pedestrian and
Bicycle
Enforcement
Overtime for grant funded law enforcement operations
conducted by appropriate department personnel.
1 dispatcher for Ped/Bike
enforcement @ 6 hours
A.
Personnel
Costs
Traffic
Enforcement
Overtime for grant funded law enforcement operations
conducted by appropriate department personnel.
2 officers for Traffic
Enforcement @ 6 hours
A.
Personnel
Costs
Traffic
Enforcement
Overtime for grant funded law enforcement operations
conducted by appropriate department personnel.
1 dispatcher for Traffic
Enforcement @ 6 hours
A.
Personnel
Costs
Traffic Safety
Educational
Presentations
Overtime for grant funded traffic safety educational
presentations conducted by appropriate department
personnel.
2 officers for safety
education/presentations
@ 4 hours
Item #6.4.
Application :: Page 14 of 14
Upload Documents (Optional)
Please try to include all information in the application itself, but if necessary, upload additional documents here
Document Name Update Date/Time
PT26010 CALISTOGA - Tentative Award Email.pdf 6/6/2025 3:37 PM Application Report 2025-01-31 21:15:59.pdf 1/31/2025 1:15 PM Evaluation, Support, and Submittal
Evaluation, Support, and Submittal
Method of Evaluation:
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.
Administrative Support:
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
Total Requested Funding:
$61,320.00
Item #6.4.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Rachel Stepp, Deputy City Manager
Meeting: City Council - Jul 22 2025
Subject: Microsoft Enterprise Agreement
DESCRIPTION:
Consider adopting a resolution authorizing the City Manager to execute a contract with SHI for the purchase of Microsoft product licensing under the competitively bid, County of Riverside purchasing agreement, in an amount not to exceed $110,000.00 over the three-year contract term.
RECOMMENDATION:
Consider Adopting the Resolution
SUMMARY:
The City has an existing Microsoft Enterprise Agreement that is due for renewal. This agreement provides access to the Microsoft Office 365 platform and the existing Microsoft Teams Calling plans used daily by fourteen (14) City Hall employees. As part of this agreement, Microsoft Teams Calling will be implemented for the remainder of the city facilities, reducing costs and providing greater efficiency through a comprehensive phone system used across all departments.
SHI is a certified Microsoft Partner and is authorized to resell Microsoft licenses to municipal organizations through the competitively bid County of Riverside – Microsoft contract ITARC-00929.
ANALYSIS:
If the City’s Microsoft Enterprise Agreement is approved for renewal, several important projects will be able to be implemented. Among these projects is implementation of a comprehensive Microsoft Teams Calling phone system that will be used by all departments, providing greater efficiency and integration with existing video conferencing capabilities. Additionally, the Microsoft Enterprise Agreement will allow for the implementation of the Microsoft Intune device management platform, providing greater security, device deployment and application management options.
FINANCIAL IMPACT:
The FY 2025-2026 approved budget contains sufficient funding in account 17-4975-4823.
Subsequent fiscal year budgets will include funding for the remaining contract term.
CEQA STATUS:
The recommended action is not a project and therefore not subject to CEQA review.
ATTACHMENT(S):
Item #6.5.
RESOLUTION- Microsoft
Microsoft Agreement
CALISTOGA SHI CSA Packet 20250610 (070825).docx
SHI Quote-25890231
APPROVAL(S):
Connie Cardenas, Admin. Services Director Approved - Jul 10 2025 Laura Snideman, City of Calistoga | City Manager Approved - Jul 14 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Jul 14 2025 Item #6.5.
ATTACHMENT 1
RESOLUTION NO. 2025-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY
OF NAPA, STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH SHI FOR THE PURCHASE OF MICROSOFT
PRODUCT LICENSING UNDER THE COMPETITIVELY BID, COUNTY OF
RIVERSIDE PURCHASING AGREEMENT, IN AN AMOUNT NOT TO EXCEED $110,000.00 OVER THE THREE-YEAR CONTRACT TERM.
WHEREAS, the City of Calistoga desires to provide secure and efficient productivity tools for its employees; and
WHEREAS, the City of Calistoga has an existing Microsoft Enterprise Agreement that is due for renewal; and
WHEREAS, the City can purchase Microsoft software licenses through the competitively bid County of Riverside – Microsoft ITARC-00929 contract; and WHEREAS, a firm, fixed-price quote has been provided for these goods and services; and
WHEREAS, sufficient funding for the $32,522.00 project is included in the Fiscal Year 2025-2026 Budget in account 17-4975-4823, and financing of the remaining contract will be requested in Fiscal Years 2026-2028; 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 with SHI for the purchase of Microsoft product licensing, in an amount not to exceed $110,000.00 over the three-year contract term.
PASSED, APPROVED, AND ADOPTED this 22nd day of July 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 #6.5.
ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(May2020) Page 1 of 2 Document X20-12883
Program Signature Form
MBA/MBSA number
Agreement number 8084445
Note: Enter the applicable active numbers associated with the documents below. Microsoft requires the associated active number be indicated here, or listed below as new.
For the purposes of this form, “Customer” can mean the signing entity, Enrolled Affiliate, Government Partner, Institution, or other party entering into a volume licensing program agreement.
This signature form and all contract documents identified in the table below are entered into between the Customer and the Microsoft Affiliate signing, as of the effective date identified below.
Contract Document Number or Code
Enterprise Enrollment (Indirect) X20-10636
Sub250 Form W29
Product Selection Form 2993833.004_PSF
By signing below, Customer and the Microsoft Affiliate agree that both parties (1) have received, read and understand the above contract documents, including any websites or documents incorporated by reference and any amendments and (2) agree to be bound by the terms of all such documents.
Customer
Name of Entity (must be legal entity name)* City of Calistoga Signature* {{SIGCU6signature_es_:signer1:signature}}
Printed First and Last Name* {{SIGCU3customerprintedfirstandlastname_es_:signer1:fullname}} Printed Title {{SIGCU4printedtitle_es_:signer1:title}}
Signature Date* {{SIGCU5_es_:signer1:date}}
Tax ID
* indicates required field
Item #6.5.
ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(May2020) Page 2 of 2 Document X20-12883
Microsoft Affiliate
Microsoft Corporation
Signature {{SIGROC1signature_es_:signer5:signature}}
Printed First and Last Name {{SIGROC1Microsoftprintedfirstandlastname_es_:signer5:fullname}} Printed Title {{SIGROC2printedtitle_es_:signer5:title}} Signature Date {{SIGMAM3_es_:signer5:date}}
(date Microsoft Affiliate countersigns)
Agreement Effective Date
{{*SIGMAM4_es_:signer5:isdate(format="mmm-dd-yyyy")}}
(may be different than Microsoft’s signature date)
Optional 2nd Customer signature or Outsourcer signature (if applicable) Customer
Name of Entity (must be legal entity name)*
Signature* {{SIG2C5signature_es_:signer2:signature}}
Printed First and Last Name* {{SIG2C2customerprintedfirstandlastname_es_:signer2:fullname}} Printed Title {{SIG2C3printedtitle_es_:signer2:title}}
Signature Date* {{SIG2C4_es_:signer2:date}}
* indicates required field
Outsourcer
Name of Entity (must be legal entity name)*
Signature*
Printed First and Last Name*
Printed Title
Signature Date*
* indicates required field
If Customer requires additional contacts or is reporting multiple previous Enrollments, include the appropriate form(s) with this signature form.
After this signature form is signed by the Customer, send it and the Contract Documents to Customer’s channel partner or Microsoft account manager, who must submit them to the following address. When the signature form is fully executed by Microsoft, Customer will receive a confirmation copy.
Microsoft Corporation
Dept. 551, Volume Licensing
6880 Sierra Center Parkway
Reno, Nevada 89511
USA
Charles Watson Microsoft Authorized Signatory
06-18-2025
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Enterprise Enrollment State and Local
Enterprise Enrollment number
(Microsoft to complete) 83710595 Framework ID(if applicable) Previous Enrollment number
(Reseller to complete)
This Enrollment must be attached to a signature form to be valid.
This Microsoft Enterprise Enrollment is entered into between the entities as identified in the signature form as of the effective date. Enrolled Affiliate represents and warrants it is the same Customer, or an Affiliate of the Customer, that entered into the Enterprise Agreement identified on the program signature form.
This Enrollment consists of: (1) these terms and conditions, (2) the terms of the Enterprise Agreement identified on the signature form, (3) the Product Selection Form, (4) the Product Terms, (5) any Supplemental Contact Information Form, Previous Agreement/Enrollment form, and other forms that may be required, and (6) any order submitted under this Enrollment. This Enrollment may only be entered into under a 2011 or later Enterprise Agreement. By entering into this Enrollment, Enrolled Affiliate agrees to be bound by the terms and conditions of the Enterprise Agreement.
All terms used but not defined are located at http://www.microsoft.com/licensing/contracts. In the event of any conflict the terms of this Agreement control.
Effective date. If Enrolled Affiliate is renewing Software Assurance or Subscription Licenses from one or more previous Enrollments or agreements, then the effective date will be the day after the first prior Enrollment or agreement expires or terminates. If this Enrollment is renewed, the effective date of the renewal term will be the day after the Expiration Date of the initial term. Otherwise, the effective date will be the date this Enrollment is accepted by Microsoft. Any reference to “anniversary date” refers to the anniversary of the effective date of the applicable initial or renewal term for each year this Enrollment is in effect.
Term. The initial term of this Enrollment will expire on the last day of the month, 36 full calendar months from the effective date of the initial term. The renewal term will expire 36 full calendar months after the effective date of the renewal term.
Terms and Conditions
1. Definitions.
Terms used but not defined in this Enrollment will have the definition in the Enterprise Agreement. The following definitions are used in this Enrollment:
“Additional Product” means any Product identified as such in the Product Terms and chosen by Enrolled Affiliate under this Enrollment.
“Community” means the community consisting of one or more of the following: (1) a Government, (2) an Enrolled Affiliate using eligible Government Community Cloud Services to provide solutions to a Government or a qualified member of the Community, or (3) a Customer with Customer Data that is subject to Government regulations for which Customer determines and Microsoft agrees that the use of Government Community Cloud Services is appropriate to meet Customer’s regulatory requirements.
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Membership in the Community is ultimately at Microsoft’s discretion, which may vary by Government Community Cloud Service.
“Enterprise Online Service” means any Online Service designated as an Enterprise Online Service in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Online Services are treated as Online Services, except as noted.
“Enterprise Product” means any Desktop Platform Product that Microsoft designates as an Enterprise Product in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Products must be licensed for all Qualified Devices and Qualified Users on an Enterprise-wide basis under this program.
“Expiration Date” means the date upon which the Enrollment expires. “Federal Agency” means a bureau, office, agency, department or other entity of the United States Government.
“Government” means a Federal Agency, State/Local Entity, or Tribal Entity acting in its governmental capacity.
“Government Community Cloud Services” means Microsoft Online Services that are provisioned in Microsoft’s multi-tenant data centers for exclusive use by or for the Community and offered in accordance with the National Institute of Standards and Technology (NIST) Special Publication 800-145. Microsoft Online Services that are Government Community Cloud Services are designated as such in the Use Rights and Product Terms.
“Industry Device” (also known as line of business device) means any device that: (1) is not useable in its deployed configuration as a general purpose personal computing device (such as a personal computer), a multi-function server, or a commercially viable substitute for one of these systems; and (2) only employs an industry or task-specific software program (e.g. a computer-aided design program used by an architect or a point of sale program) (“Industry Program”). The device may include features and functions derived from Microsoft software or third-party software. If the device performs desktop functions (such as email, word processing, spreadsheets, database, network or Internet browsing, or scheduling, or personal finance), then the desktop functions: (1) may only be used for the purpose of supporting the Industry Program functionality; and (2) must be technically integrated with the Industry Program or employ technically enforced policies or architecture to operate only when used with the Industry Program functionality. “Managed Device” means any device on which any Affiliate in the Enterprise directly or indirectly controls one or more operating system environments. Examples of Managed Devices can be found in the Product Terms.
“Qualified Device” means any device that is used by or for the benefit of Enrolled Affiliate’s Enterprise and is: (1) a personal desktop computer, portable computer, workstation, or similar device capable of running Windows Pro locally (in a physical or virtual operating system environment), or (2) a device used to access a virtual desktop infrastructure (“VDI”). Qualified Devices do not include any device that is: (1) designated as a server and not used as a personal computer, (2) an Industry Device, or (3) not a Managed Device. At its option, the Enrolled Affiliate may designate any device excluded above (e.g., Industry Device) that is used by or for the benefit of the Enrolled Affiliate’s Enterprise as a Qualified Device for all or a subset of Enterprise Products or Online Services the Enrolled Affiliate has selected. “Qualified User” means a person (e.g., employee, consultant, contingent staff) who: (1) is a user of a Qualified Device, or (2) accesses any server software requiring an Enterprise Product Client Access License or any Enterprise Online Service. It does not include a person who accesses server software or an Online Service solely under a License identified in the Qualified User exemptions in the Product Terms. “Reseller” means an entity authorized by Microsoft to resell Licenses under this program and engaged by an Enrolled Affiliate to provide pre- and post-transaction assistance related to this agreement; “Reserved License” means for an Online Service identified as eligible for true-ups in the Product Terms, the License reserved by Enrolled Affiliate prior to use and for which Microsoft will make the Online Service available for activation.
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"State/Local Entity" means (1) any agency of a state or local government in the United States, or (2) any United States county, borough, commonwealth, city, municipality, town, township, special purpose district, or other similar type of governmental instrumentality established by the laws of Customer’s state and located within Customer’s state’s jurisdiction and geographic boundaries. “Tribal Entity” means a federally recognized tribal entity performing tribal governmental functions and eligible for funding and services from the U.S. Department of Interior by virtue of its status as an Indian tribe.
“Use Rights” means, with respect to any licensing program, the use rights or terms of service for each Product and version published for that licensing program at the Volume Licensing Site and updated from time to time. The Use Rights include the Product-Specific License Terms, the License Model terms, the Universal License Terms, the Data Protection Terms, and the Other Legal Terms. The Use Rights supersede the terms of any end user license agreement (on-screen or otherwise) that accompanies a Product.
“Volume Licensing Site” means http://www.microsoft.com/licensing/contracts or a successor site.
2. Order requirements.
a. Minimum order requirements. Enrolled Affiliate’s Enterprise must have a minimum of 250 Qualified Users or Qualified Devices. The initial order must include at least 250 Licenses for Enterprise Products or Enterprise Online Services.
(i) Enterprise commitment. Enrolled Affiliate must order enough Licenses to cover all Qualified Users or Qualified Devices, depending on the License Type, with one or more Enterprise Products or a mix of Enterprise Products and the corresponding Enterprise Online Services (as long as all Qualified Devices not covered by a License are only used by users covered with a user License).
(ii) Enterprise Online Services only. If no Enterprise Product is ordered, then Enrolled Affiliate need only maintain at least 250 Subscription Licenses for Enterprise Online Services.
b. Additional Products. Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products.
c. Use Rights for Enterprise Products. For Enterprise Products, if a new Product version has more restrictive use rights than the version that is current at the start of the applicable initial or renewal term of the Enrollment, those more restrictive use rights will not apply to Enrolled Affiliate’s use of that Product during that term.
d. Country of usage. Enrolled Affiliate must specify the countries where Licenses will be used on its initial order and on any additional orders.
e. Resellers. Enrolled Affiliate must choose and maintain a Reseller authorized in the United States. Enrolled Affiliate will acquire its Licenses through its chosen Reseller. Orders must be submitted to the Reseller who will transmit the order to Microsoft. The Reseller and Enrolled Affiliate determine pricing and payment terms as between them, and Microsoft will invoice the Reseller based on those terms. Throughout this Agreement the term “price” refers to reference price. Resellers and other third parties do not have authority to bind or impose any obligation or liability on Microsoft.
f. Adding Products.
(i) Adding new Products not previously ordered. New Enterprise Products or Enterprise Online Services may be added at any time by contacting a Microsoft Account Manager or Reseller. New Additional Products, other than Online Services, may be used if an order is placed in the month the Product is first used. For Additional Products that are Online Services, an initial order for the Online Service is required prior to use.
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(ii) Adding Licenses for previously ordered Products. Additional Licenses for previously ordered Products other than Online Services may be added at any time but must be included in the next true-up order. Additional Licenses for Online Services must be ordered prior to use, unless the Online Services are (1) identified as eligible for true-up in the Product Terms or (2) included as part of other Licenses. g. True-up requirements. Enrolled Affiliate must submit an annual true-up order that accounts for any changes since the initial order or last order. If there are no changes, then an update statement must be submitted instead of a true-up order. (i) Enterprise Products. For Enterprise Products, Enrolled Affiliate must determine the number of Qualified Devices and Qualified Users (if ordering user-based Licenses) at the time the true-up order is placed and must order additional Licenses for all Qualified Devices and Qualified Users that are not already covered by existing Licenses, including any Enterprise Online Services.
(ii) Additional Products. For Additional Products that have been previously ordered under this Enrollment, Enrolled Affiliate must determine the maximum number of Additional Products used since the latter of the initial order, the last true-up order, or the prior anniversary date and submit a true-up order that accounts for any increase. (iii) Online Services. For Online Services identified as eligible for true-up in the Product Terms, Enrolled Affiliate may place a reservation order for the additional Licenses prior to use and payment may be deferred until the next true-up order. Microsoft will provide a report of Reserved Licenses ordered but not yet invoiced to Enrolled Affiliate and its Reseller. Reserved Licenses will be invoiced retrospectively to the month in which they were ordered.
(iv) Subscription License reductions. Enrolled Affiliate may reduce the quantity of Subscription Licenses at the Enrollment anniversary date on a prospective basis if permitted in the Product Terms, as follows:
1) For Subscription Licenses that are part of an Enterprise-wide purchase, Licenses may be reduced if the total quantity of Licenses and Software Assurance for an applicable group meets or exceeds the quantity of Qualified Devices and Qualified Users (if ordering user-based Licenses) identified on the Product Selection Form, and includes any additional Qualified Devices and Qualified Users added in any prior true-up orders.
Step-up Licenses do not count towards this total count. 2) For Enterprise Online Services in a given Product pool that are not a part of an Enterprise-wide purchase, Licenses can be reduced as long as (a) the initial order minimum requirements are maintained and (b) all then-active users of each Online Service are included the total quantity of Licenses remaining after the reduction. An Enrolled Affiliate may reduce Licenses for Online Services on or before the Enrollment anniversary date and place a reservation order for such licenses within 90 days after the anniversary date; however, any licenses ordered as described in this section will be invoiced to the Enrolled Affiliate for the time period the licenses were made available.
3) For Additional Products available as Subscription Licenses, Enrolled Affiliate may reduce the Licenses. If the License count is reduced to zero, then Enrolled Affiliate’s use of the applicable Subscription License will be cancelled.
Invoices will be adjusted to reflect any reductions in Subscription Licenses at the true-up order Enrollment anniversary date and effective as of such date. (v) Update statement. An update statement must be submitted instead of a true-up order if, since the initial order or last true-up order, Enrolled Affiliate’s Enterprise: (1) has not changed the number of Qualified Devices and Qualified Users licensed with Enterprise Products or Enterprise Online Services; and (2) has not increased its usage of Additional Item #6.5.
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Products. This update statement must be signed by Enrolled Affiliate’s authorized representative.
(vi) True-up order period. The true-up order or update statement must be received by Microsoft between 60 and 30 days prior to each Enrollment anniversary date. The thirdyear true-up order or update statement is due within 30 days prior to the Expiration Date, and any license reservations within this 30 day period will not be accepted. Enrolled Affiliate may submit true-up orders more often to account for increases in Product usage, but an annual true-up order or update statement must still be submitted during the annual order period.
(vii)Late true-up order. If the true-up order or update statement is not received when due, Microsoft may invoice Reseller for all Reserved Licenses not previously invoiced and Subscription License reductions cannot be reported until the following Enrollment anniversary date (or at Enrollment renewal, as applicable). h. Step-up Licenses. For Licenses eligible for a step-up under this Enrollment, Enrolled Affiliate may step-up to a higher edition or suite as follows:
(i) For step-up Licenses included on an initial order, Enrolled Affiliate may order according to the true-up process.
(ii) If step-up Licenses are not included on an initial order, Enrolled Affiliate may step-up initially by following the process described in the Section titled “Adding new Products not previously ordered,” then for additional step-up Licenses, by following the true-up order process.
i. Clerical errors. Microsoft may correct clerical errors in this Enrollment, and any documents submitted with or under this Enrollment, by providing notice by email and a reasonable opportunity for Enrolled Affiliate to object to the correction. Clerical errors include minor mistakes, unintentional additions and omissions. This provision does not apply to material terms, such as the identity, quantity or price of a Product ordered. j. Verifying compliance. Microsoft may, in its discretion and at its expense, verify compliance with this Enrollment as set forth in the Enterprise Agreement.
3. Pricing.
a. Price Levels. For both the initial and any renewal term Enrolled Affiliate’s Price Level for all Products ordered under this Enrollment will be Level “D” throughout the term of the Enrollment. b. Setting Prices. Unless otherwise expressly agreed to by the parties and except for Online Services designated in the Product Terms as being exempt from fixed pricing, Enrolled Affiliate’s prices for each Product or Service will be established by its Reseller. As long as Enrolled Affiliate continues to qualify for the same price level, Microsoft’s prices for Resellers for each Product or Service ordered will be fixed throughout the applicable initial or renewal Enrollment term. Microsoft’s prices to Resellers are reestablished at the beginning of the renewal term.
4. Payment terms.
For the initial or renewal order, Microsoft will invoice Enrolled Affiliate’s Reseller in three equal annual installments. The first installment will be invoiced upon Microsoft’s acceptance of this Enrollment and remaining installments will be invoiced on each subsequent Enrollment anniversary date. Subsequent orders are invoiced upon acceptance of the order and Enrolled Affiliate may elect to pay annually or upfront for Online Services and upfront for all other Licenses.
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5. End of Enrollment term and termination.
a. General. At the Expiration Date, Enrolled Affiliate must immediately order and pay for Licenses for Products it has used but has not previously submitted an order, except as otherwise provided in this Enrollment.
b. Renewal option. At the Expiration Date of the initial term, Enrolled Affiliate can renew Products by renewing this Enrollment for one additional 36-month term or by signing a new Enrollment. Microsoft must receive a Renewal Form, Product Selection Form, and renewal order prior to or at the Expiration Date. Microsoft will not unreasonably reject any renewal.
Microsoft may make changes to this program that will make it necessary for Customer and its Enrolled Affiliates to enter into new agreements and Enrollments at renewal. c. If Enrolled Affiliate elects not to renew.
(i) Software Assurance. If Enrolled Affiliate elects not to renew Software Assurance for any Product under its Enrollment, then Enrolled Affiliate will not be permitted to order Software Assurance later without first acquiring a new License with Software Assurance. (ii) Online Services eligible for an Extended Term. For Online Services identified as eligible for an Extended Term in the Product Terms, the following options are available at the end of the Enrollment initial or renewal term.
1) Extended Term. Licenses for Online Services will automatically expire in accordance with the terms of the Enrollment. An extended term option that allows Online Services to continue month-to-month (“Extended Term”) is available. During the Extended Term, Online Services will be invoiced monthly at the then-current published price as of the Expiration Date plus a 3% administrative fee for up to one year. If Enrolled Affiliate wants an Extended Term, Enrolled Affiliate must submit a request to Microsoft at least 30 days prior to the Expiration Date.
2) Cancellation during Extended Term. At any time during the first twelve months of the Extended Term, Enrolled Affiliate may terminate the Extended Term by submitting a notice of cancellation to Microsoft for each Online Service. Thereafter, Microsoft may condition the continued use of each Online Service on the acceptance of new terms by the Enrolled Affiliate. Enrolled Affiliate will be notified in writing of any new terms at least 60 days before any such changes take effect. Enrolled Affiliate acknowledges and agrees that after the notice described in this section, its continued use of each Online Service after the effective date provided in the notice will constitute its acceptance of the new terms. If Enrolled Affiliate does not agree to the new terms, it must stop using the Online Services and terminate the Extended Term as provided in this section. Enrolled Affiliate’s termination under this section will be effective at the end of the month following 30 days after Microsoft has received the notice. (iii) Subscription Licenses and Online Services not eligible for an Extended Term. If Enrolled Affiliate elects not to renew, the Licenses will be cancelled and will terminate as of the Expiration Date. Any associated media must be uninstalled and destroyed and Enrolled Affiliate’s Enterprise must discontinue use. Microsoft may request written certification to verify compliance.
d. Termination for cause. Any termination for cause of this Enrollment will be subject to the “Termination for cause” section of the Agreement. In addition, it shall be a breach of this Enrollment if Enrolled Affiliate or any Affiliate in the Enterprise that uses Government Community Cloud Services fails to meet and maintain the conditions of membership in the definition of Community.
e. Early termination. Any early termination of this Enrollment will be subject to the “Early Termination” Section of the Enterprise Agreement.
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For Subscription Licenses, in the event of a breach by Microsoft, or if Microsoft terminates an Online Service for regulatory reasons, Microsoft will issue Reseller a credit for any amount paid in advance for the period after termination.
6. Government Community Cloud.
a. Community requirements. If Enrolled Affiliate purchases Government Community Cloud Services, Enrolled Affiliate certifies that it is a member of the Community and agrees to use Government Community Cloud Services solely in its capacity as a member of the Community and, for eligible Government Community Cloud Services, for the benefit of end users that are members of the Community. Use of Government Community Cloud Services by an entity that is not a member of the Community or to provide services to non-Community members is strictly prohibited and could result in termination of Enrolled Affiliate’s license(s) for Government Community Cloud Services without notice. Enrolled Affiliate acknowledges that only Community members may use Government Community Cloud Services. b. All terms and conditions applicable to non-Government Community Cloud Services also apply to their corresponding Government Community Cloud Services, except as otherwise noted in the Use Rights, Product Terms, and this Enrollment.
c. Enrolled Affiliate may not deploy or use Government Community Cloud Services and corresponding non-Government Community Cloud Services in the same domain. d. Use Rights for Government Community Cloud Services. For Government Community Cloud Services, notwithstanding anything to the contrary in the Use Rights:
(i) Government Community Cloud Services will be offered only within the United States. (ii) Additional European Terms, as set forth in the Use Rights, will not apply. (iii) References to geographic areas in the Use Rights with respect to the location of Customer Data at rest, as set forth in the Use Rights, refer only to the United States.
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Enrollment Details
1. Enrolled Affiliate’s Enterprise.
Identify which Agency Affiliates are included in the Enterprise. (Required) Enrolled Affiliate’s Enterprise must consist of entire offices, bureaus, agencies, departments or other entities of Enrolled Affiliate, not partial offices, bureaus, agencies, or departments, or other partial entities. Check only one box in this section. If no boxes are checked, Microsoft will deem the Enterprise to include the Enrolled Affiliate only. If more than one box is checked, Microsoft will deem the Enterprise to include the largest number of Affiliates:
Enrolled Affiliate only
Enrolled Affiliate and the following Affiliate(s):
Unless specifically identified above, all Affiliates of Customer, either existing at the execution of this Enrollment or created or acquired after the execution of this Enrollment, will be excluded from the Enterprise. To request that an additional Affiliate be included in Customer’s Enterprise, Customer must identify an Affiliate to Microsoft in writing and provide any required documentation. Microsoft will reasonably review requests under this paragraph and may approve the inclusion of an Affiliate in Customer‘s Enterprise in its sole discretion.
2. Contact information.
Each party will notify the other in writing if any of the information in the following contact information page(s) changes. The asterisks (*) indicate required fields. By providing contact information, Enrolled Affiliate consents to its use for purposes of administering this Enrollment by Microsoft, its Affiliates, and other parties that help administer this Enrollment. The personal information provided in connection with this Enrollment will be used and protected in accordance with the privacy statement available at https://www.microsoft.com/licensing/servicecenter.
a. Primary contact. This contact is the primary contact for the Enrollment from within Enrolled Affiliate’s Enterprise. This contact is also an Online Administrator for the Volume Licensing Service Center and may grant online access to others. The primary contact will be the default contact for all purposes unless separate contacts are identified for specific purposes Name of entity (must be legal entity name)* City of Calistoga Contact name: First* Rachel Middle Last* Stepp
Contact email address* [email protected]
Street address* 1232 Washington St.
City* Calistoga
State* CA
Postal code* 94515-1440 -
(Please provide the zip + 4, e.g. xxxxx-xxxx)
Country* United States
Phone* (707) 942-2844
Tax ID
* indicates required fields
b. Notices contact and Online Administrator. This contact (1) receives the contractual notices, (2) is the Online Administrator for the Volume Licensing Service Center and may grant online access to others, and (3) is authorized to order Reserved Licenses for eligible Online Servies, including adding or reassigning Licenses and stepping-up prior to a true-up order. Same as primary contact (default if no information is provided below, even if the box is not checked).
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Contact name: First* Scott Middle Last* Sanders
Contact email address* [email protected]
Street address* 1232 Washington St.
City* Calistoga
State* CA
Postal code* 94515-1440 -
(Please provide the zip + 4, e.g. xxxxx-xxxx)
Country* United States
Phone* 707-942-2807
Language preference. Choose the language for notices. English This contact is a third party (not the Enrolled Affiliate). Warning: This contact receives personally identifiable information of the Customer and its Affiliates. * indicates required fields
c. Online Services Manager. This contact is authorized to manage the Online Services ordered under the Enrollment and (for applicable Online Services) to add or reassign Licenses and step-up prior to a true-up order.
Same as notices contact and Online Administrator (default if no information is provided below, even if box is not checked)
Contact name: First* Scott Middle Last* Sanders
Contact email address* [email protected]
Phone* 707-942-2807
This contact is from a third party organization (not the entity). Warning: This contact receives personally identifiable information of the entity. * indicates required fields
d. Reseller information. Reseller contact for this Enrollment is:
Reseller company name* SHI International Corp.
Street address (PO boxes will not be accepted)* 290 Davidson Ave City* Somerset
State* NJ
Postal code* 08873-4145
Country* United States
Contact name* Scott Doherty
Phone* 888-764-8888
Contact email address* [email protected]
* indicates required fields
By signing below, the Reseller identified above confirms that all information provided in this Enrollment is correct.
Signature* Scott Doherty
Printed name* Scott Doherty
Printed title*
Date*
* indicates required fields
Changing a Reseller. If Microsoft or the Reseller chooses to discontinue doing business with each other, Enrolled Affiliate must choose a replacement Reseller. If Enrolled Affiliate or the Reseller intends to terminate their relationship, the initiating party must notify Microsoft and the other party using a form provided by Microsoft at least 90 days prior to the date on which the change is to take effect.
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e. If Enrolled Affiliate requires a separate contact for any of the following, attach the Supplemental Contact Information form. Otherwise, the notices contact and Online Administrator remains the default.
(i) Additional notices contact
(ii) Software Assurance manager
(iii) Subscriptions manager
(iv) Customer Support Manager (CSM) contact
3. Financing elections.
Is a purchase under this Enrollment being financed through MS Financing? Yes, No.
If a purchase under this Enrollment is financed through MS Financing, and Enrolled Affiliate chooses not to finance any associated taxes, it must pay these taxes directly to Microsoft.
Item #6.5.
EAEnrAmend(NA)(ENG)(May2018) Sub 250 Program
W29
O
Enterprise
Sub 250 Program
Amendment ID W29
The parties agree that the Enrollment is amended as follows:
1. On the first page of the Enrollment, the following is added after the second paragraph:
By entering into this Enrollment, the Enrolled Affiliate agrees that (1) it also has 25 or more Qualified Devices or Qualified Users; or (2) as a condition of entering into this Enrollment with 25-249 Qualified Devices or Qualified Users, Enrolled Affiliate has elected not to receive CD ROMs as part of the Enrollment and therefore no CD ROMs will automatically be shipped. If Enrolled Affiliate is enrolling with 25-249 Qualified Devices or Qualified Users and it would like to receive CD ROM Kits and updates, Enrolled Affiliate may order these through its Reseller for a fee.
The submission of this Amendment can only be placed against a 2011 Enterprise Agreement or an Enrollment that has the Updated EA Amendment terms and conditions applied. The submittal of this Amendment may not be contingent on submittal of a new Enterprise Agreement.
2. Section 2a of the Enrollment titled “Order Requirements”, is hereby amended and restated in its entirety with the following:
a. Minimum Order Requirements. Enrolled Affiliate’s Enterprise must have a minimum of 25 Qualified Users or Qualified Devices.
(i) Initial Order. Initial order must include at least 25 Licenses from one of the four groups outlined in the Product Selection Form.
(ii) If choosing Enterprise Products. If choosing Enterprise Products in a specific group outlined in the Product Selection Form, Enrolled Affiliate’s initial order must include an Enterprise-wide selection of one or more Enterprise Products or a mix of Enterprise Products and corresponding Enterprise Online Services for that group. (iii) Additional Products. Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products.
(iv) Country of Usage. Enrolled Affiliate must specify the countries where Licenses will be used on its initial order and on any additional orders. (v) Enterprise Online Services only. If no Enterprise Product is ordered, then Enrolled Affiliate need only maintain at least 25 Subscription Licenses for Enterprise Online Services.
3. Software Assurance renewal.
Renewing Software Assurance: If Enrolled Affiliate will be renewing Products Software Assurance coverage from a separate agreement, check this box. By checking the above box, a new section is added to the Enrollment entitled “Software Assurance Addition.”
Software Assurance Addition. Enrolled Affiliate is permitted to and will include in its initial order under this Enrollment Software Assurance quantities from eligible Program’s identified in the table below, even though Enrolled Affiliate is not otherwise eligible to order such Software Assurance without simultaneously ordering a License.
Item #6.5.
EAEnrAmend(NA)(ENG)(May2018) Sub 250 Program
W29
O
Enrolled Affiliate agrees that any perpetual Licenses received through the New Software Assurance shall supersede and replace the underlying Licenses, and the underlying Licenses are not to be transferred separately from any Licenses received through the New Software Assurance. Any remaining payment obligations with respect to the underlying Licenses shall continue in effect.
Program License ID Number Expiration Date
<> <> <>
Item #6.5.
Enterprise Enrollment Product Selection Form Microsoft | Volume Licensing Proposal ID Enrollment Number
2993833.004
Language: English (United States)
Enrolled Affiliate’s Enterprise Products and Enterprise Online Services summary for the initial order:
Profile Qualified Devices Qualified Users Device / User Ratio CAL Licensing Model Enterprise 115 115 1.0 User Licenses
Products Enterprise Quantity
Office 365 Plans
O365 G3 GCC 115
Enrolled Affiliate’s Product Quantities:
Price Group 1 2 3 4
Enterprise Products Office Professional Plus + M365 Apps for Enterprise + Office 365 (Plans E3 and E5)
+ Microsoft 365 Enterprise
Client Access License +
Office 365 (Plans E1,
E3 and E5) + Microsoft
365 Enterprise
Client Access License +
Windows Intune + EMS
USL + Microsoft 365
Enterprise
Win E3 + Win E5 + Win
VDA + Microsoft 365
Enterprise
Quantity 115 115 0 0
Enrolled Affiliate’s Price Level:
Product Offering / Pool Price Level
Enterprise Products and Enterprise Online Services USLs: Unless otherwise indicated in associated contract documents, Price level set using the highest quantity from Groups 1 through 4. D
Additional Product Application Pool: Unless otherwise indicated in associated contract documents, Price level set using quantity from Group
1. D
Additional Product Server Pool: Unless otherwise indicated in associated contract documents, Price level set using the highest quantity from Group 2 or 3. D
Additional Product Systems Pool: Unless otherwise indicated in associated contract documents, Price level set using quantity from Group 4.
D
Notes
Unless otherwise indicated in the associated contract documents, the price level for each Product offering / pool is set as described above, based upon the quantity to price level mapping below:
EA-EASProdSelForm(WW)(ENG)
MS Quote
Item #6.5.
Enterprise Enrollment Product Selection Form Microsoft | Volume Licensing Quantity of Licenses and Software Assurance Price Level 2,399 and below A
2,400 to 5,999 B
6,000 to 14,999 C
15,000 and above D
Note 1: In the following countries, any direct Enrollment consisting of only Enterprise Online Services will not be eligible for the Renewal option described in Section
5.b. of the Enrollment or for a new Enrollment due to program changes: Argentina, Australia, Austria, Belgium, Canada, Chile, Cyprus, Denmark, Finland, France, Germany, Greece, Iceland, Ireland, Jamaica, Italy, Lichtenstein, Luxemburg, Malta, Netherlands, Norway, Portugal, Puerto Rico, South Africa, Spain, Sweden, Switzerland, Trinidad & Tobago, United Kingdom, United States, and Uruguay.
Note 2: Enterprise Online Services may not be available in all locations. Please see the Product List for a list of locations where these may be purchased.
Note 3: Unless otherwise indicated in the associated Agreement documents, the CAL selection must be the same across the Enterprise for each Profile.
Note 4: If Enrolled Affiliate does not order an Enterprise Product or Enterprise Online Service associated with an applicable Product pool, the price level for Additional Products in the same pool will be price level “A” throughout the term of the Enrollment. Refer to the Qualifying Government Entity Addendum pricing provision for more details on price leveling.
EA-EASProdSelForm(WW)(ENG)
MS Quote
Item #6.5.
AGREEMENT FOR CONSULTANT SERVICES
This Agreement for Consultant Services (the "Agreement") is made and entered into this 24th day of June 2025, by and between THE CITY OF CALISTOGA, a municipal corporation (hereinafter referred to as "CITY") and SHI INTERNATIONAL CORP., 290 Davidson Ave., Somerset, NJ, 08873, a 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 software and implementation services in connection with updating its website and content management system;
WHEREAS, CONSULTANT is qualified to resell such services; and WHEREAS, CONSULTANT has agreed to provide CITY with such services on the terms and conditions set forth herein; and
WHEREAS, CONSULTANT is authorized and qualified to resell such Microsoft products and services to entities that use the competitively bid County of Riverside’s Microsoft ITARC-00929 cooperative purchasing contract.
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 , CONSULTANT’S quotation #25890231, 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 - 1 -
OAK #4890-2776-3737v1 (Rev. 9/2021)
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Services does not operate as a release of CONSULTANT from professional responsibility for the Services performed.
1.5. Independent Contractor. CONSULTANT is an independent contractor and not an employee of CITY. CONSULTANT expressly warrants that it will not represent that it is an employee of CITY. Persons employed or utilized by CONSULTANT in the performance of the Services will not be employees or agents of CITY. CONSULTANT is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
1.6. Confidentiality. CONSULTANT agrees to maintain in confidence and not disclose to any person, firm, governmental entity, or corporation, without CITY's prior written consent, any trade secret or confidential information, knowledge or data relating to the products, process, or operation of CITY. CONSULTANT further agrees to maintain in confidence and not to disclose to any person, firm, governmental entity, or corporation any data, information, technology, or material developed or obtained by CONSULTANT during the performance of the Services. The covenants contained in this Section 1.6 shall survive the termination of this Agreement for whatever cause.
1.7. Ownership of Material. Any reports and other material prepared by or on behalf of CONSULTANT under this Agreement (collectively, the "Documents") shall be and remain the property of CITY. All Documents not already provided to CITY shall be delivered to CITY on the date of termination of this Agreement for any reason. The Documents may be used by CITY and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes CITY may deem appropriate without further employment of or payment of any compensation to CONSULTANT.
1.8. Documentation. CONSULTANT shall keep and maintain full and complete documentation and accounting records, employee time sheets, and correspondence pertaining to the performance of the Services, and CONSULTANT shall make such documents available for review and/or audit by CITY and CITY's representatives at all reasonable times for at least four years after the termination of this Agreement or completion of the Services.
1.9. Testimony. CONSULTANT agrees to testify at CITY's request if litigation is brought against CITY in connection with the Services. Unless the action is brought by CONSULTANT or is based upon CONSULTANT's negligence, CITY will compensate CONSULTANT for the preparation and the testimony at CONSULTANT's standard hourly rates.
ARTICLE 2 - COMPENSATION
2.1. Compensation. Compensation for the Services shall be in accordance with Exhibit B, Compensation, attached hereto and incorporated herein. It is agreed that the compensation for the Services shall not exceed $110,000.00 ("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 Docusign Envelope ID: 16AC4E90-8C0A-4FF1-A436-BA2BA6536FD7 Item #6.5.
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month. CONSULTANT shall submit time and cost records as necessary to substantiate performance of the Services. Within 35 days after receipt of each such invoice, CITY shall verify the accuracy of the invoice, correct the charges where appropriate and as discussed and mutually agreed with CONSULTANT, and make payment to CONSULTANT in an amount equal to the amount of such invoice, as verified or corrected by CITY. No payment hereunder shall be construed as evidence of acceptance of any of CONSULTANT's work. CITY reserves the right to withhold payment from CONSULTANT on account of Services not performed satisfactorily, delays in CONSULTANT's performance of Services, or other defaults hereunder. CONSULTANT shall not stop or delay performance of the Services under this Agreement on account of payment disputes with CITY.
2.3. Status Reports. Together with each monthly invoice, CONSULTANT shall submit a status report detailing the amount expended on the Services to that date and the remaining amount to be expended before the Cost Ceiling is reached. CONSULTANT shall notify CITY in writing when payments have reached 90 percent of the Cost Ceiling.
2.4. Withholding. In lieu of holding retention, CITY shall withhold CONSULTANT's final payment 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 30, 2028.
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.
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4.2. CONSULTANT Contact. CONSULTANT designates Greg Spoleti, Public Sector Sales 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 third party 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.
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.
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.
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5.3. Insurance. CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency shall procure, provide and maintain at all times during the performance of this Agreement, and for such additional periods as described herein, the insurance listed below with insurers licensed to do business in the State of California and with a Best's rating of no less than A:VII.
A. Commercial Automobile Liability Insurance. Commercial Automobile Liability Insurance providing bodily injury liability and property damage, to protect against all liability arising out of the use of any owned, leased, passenger or commercial automobile at a minimum amount of $1,000,000 combined single limit and $2,000,000 aggregate. Coverage shall apply to hired and non-owned autos.
B. Commercial General Liability Insurance. Commercial General Liability Insurance, with limits providing a minimum amount of $1,000,000 combined single limit coverage for each occurrence, $2,000,000 general aggregate and $2,000,000 products/completed operations aggregate. The insurance shall cover all operations including but not limited to the following: (1) premises, operations and mobile equipment liability; (2) completed operations and products liability; (3) contractual liability insuring the obligations assumed by CONSULTANT in this Agreement; (4) broad form property damage liability; (5) personal injury liability endorsement, including death; and (6) automobile bodily injury and property damage insurance, including all owned, hired and non-owned equipment.
C. Professional Liability Insurance. Professional Liability Insurance protecting against liabilities arising out of or in connection with negligent acts, errors, or omissions of CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency in connection with this Agreement, at a minimum amount of $1,000,000 combined single limit coverage and $1,000,000 aggregate, on a "claims made basis" with a continuation of coverage extension for liabilities for two years from the date the Services are substantially complete. Such professional liability policies shall include coverage for liability assumed by the CONSULTANT under this Agreement.
D. Workers Compensation Insurance. Workers Compensation insurance, occupational disease insurance and employer’s liability insurance shall be required with minimum limits as required by law, covering all workplaces involved in this Agreement.
E. Policy Terms. Concurrently with execution of this Agreement, CONSULTANT shall provide CITY with Certificates of Insurance evidencing that CONSULTANT has obtained or maintains the insurance required by this Section
5.3. The Certificates shall be on forms acceptable to CITY. CONSULTANT shall also furnish CITY with original endorsements with the following documentation:
• Precluding cancellation or reduction in coverage before the expiration of thirty (30) days after CITY shall have received written notification thereof from CONSULTANT by United States mail;
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• Providing that CONSULTANT's insurance shall apply separately to each insured against whom claim is made orsuit is brought, and include a “separation of insureds” or “severability” clause which treats each insured separately, except with respect to the limits of the insurer's liability (cross-liability endorsement);
• Excepting CONSULTANT’S professional liability insurance, naming CITY, its City Council, boards, commissions, committees, officers, employees and agents as additional insureds (“Additional Insureds”); and • Providing that for any claims relating to CONSULTANT's services hereunder, CONSULTANT's insurance coverage shall be primary insurance with respect to CITY, its City Council, boards, commissions, committees, officers, employees and agents, and that any insurance or self-insurance maintained by CITY for itself, its City Council, boards, commissions, committees, officers, employees and agents shall be in excess of CONSULTANT's insurance and shall not be contributory with it.
• It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverages requirements and/or limits shall be available to the Additional Insured, including but not limited to any umbrella or excess insurance.
Furthermore, the requirements for coverage and limits shall be the greater of:
(a) the minimum coverage and limits specified in this Agreement; or (b) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.
F. 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 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 Docusign Envelope ID: 16AC4E90-8C0A-4FF1-A436-BA2BA6536FD7 Item #6.5.
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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: Greg Spoleti, Public Sector Inside Sales Manager 290 Davidson Avenue
Somerset, NJ 08873
Phone: (732) 652-3083
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.
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 Docusign Envelope ID: 16AC4E90-8C0A-4FF1-A436-BA2BA6536FD7 Item #6.5.
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CONSULTANT was an employee, agent, appointee, or official of CITY in the previous twelve months, CONSULTANT warrants that it did not participate in any manner in the forming of this Agreement. CONSULTANT understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and CONSULTANT will not be entitled to any compensation for CONSULTANT’s performance of the Services, including reimbursement of expenses, and CONSULTANT will be required to reimburse CITY for any sums paid to CONSULTANT under this Agreement. CONSULTANT understands that, in addition to the foregoing, penalties for violating Government Code §1090 may include criminal prosecution and disqualification from holding public office in the State of California.
Any violation by CONSULTANT of the requirements of this provision will constitute a material breach of this Agreement, and the CITY reserves all its rights and remedies at law and equity concerning any such violations.
7.2. Subcontracting. CONSULTANT may subcontract portions of the Services upon the prior written approval of CITY. CONSULTANT will be solely responsible for payment of such subcontract Services. No contractual relationship will exist between any such subcontractors of CONSULTANT and CITY. CONSULTANT’s subcontractors agree to be bound to CONSULTANT and CITY in the same manner and to the same extent as CONSULTANT is bound to CITY under the Agreement. CONSULTANT’s subcontractors further agree to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, with any subsubcontractor to the extent they apply to the scope of the sub-subcontractor’s work. A copy of the CITY indemnity and insurance provisions will be furnished to CONSULTANT’s subcontractors upon request.
7.3. Entire Agreement. This Agreement represents the entire understanding of CITY and CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may only be modified by an amendment in writing signed by each party.
7.4. No Assignment. The Services are deemed unique and neither party shall assign, transfer, subcontract or otherwise substitute its interest in this Agreement or any of its obligations hereunder without the prior written consent of the other party. As limited by this Section
7.2, this Agreement is to be binding on the successors and assigns of the parties hereto.
7.5. Severability. If any part of this Agreement is determined to be unconstitutional, invalid or beyond the authority of either party, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement can be interpreted to give effect to the intentions of the parties.
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.
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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]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.
CITY OF CALISTOGA
By: Date:
Laura Snideman, City Manager
CONSULTANT
By: Date:
By: Date:
Attest
By:
Yudiana Galvan, City Clerk
Approved As To Form
By:
Michelle Marchetta Kenyon, City Attorney
Docusign Envelope ID: 16AC4E90-8C0A-4FF1-A436-BA2BA6536FD7 7/9/2025
Kristina Mann Director - Contracts
Item #6.5.
EXHIBIT A
CONSULTANT’S
QUOTATION #
25890231
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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.
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Pricing Proposal
Quotation #: 25890231
Reference #: Microsoft NN EA
Created On: 2/26/2025
Valid Until: 7/10/2025
CA-City of Calistoga Inside account Managermicrosoft- gov Scott Sanders
1232 Washington Street
Calistoga
CA
94515
Phone: (707) 942-2807
Fax:
Email: [email protected]
Isabelle Brodsky
290 Davidson Ave
Somerset, NJ 08873
Phone: 800-527-6389 ext. 5553572
Fax:
Email: [email protected]
All Prices are in US Dollar (USD)
Product Qty Your Price Total
1 O365 G3 GCC Sub Per User
Microsoft - Part#: AAA-11894
Contract Name: County of Riverside - Microsoft
Contract #: ITARC-00929
Note: year 1 of 3
115 $245.55 $28,238.25
2 Teams AC with Dial Out US/CA GCC Sub Add-on
Microsoft - Part#: NYH-00001
Contract Name: County of Riverside - Microsoft
Contract #: ITARC-00929
Note: year 1 of 3
115 $0.00 $0.00
3 Intune P1 AO GCC Sub AP Per User
Microsoft - Part#: 3QD-00003
Contract Name: County of Riverside - Microsoft
Contract #: ITARC-00929
Note: year 1 of 3
115 $37.25 $4,283.75
Total $32,522.00
Additional Comments
Due to the potential impact of any current or future tariffs, the price and availability of hardware items on this quote may be subject to change.
Year 1: $32,522.00
Year 2 :$32,522.00
Year 3: $32,522.00
This quote has been marked as budgetary, as certain pricing may require approval from Microsoft. Please note, SHI is unable to process Purchase Orders against budgetary quotes. Kindly reach out to your SHI sales team for a Final Quote once you have determined your required counts and licenses.
Thank you for choosing SHI International Corp! The pricing offered on this quote proposal is valid through the expiration date listed above. To ensure the best level of service, please provide End User Name, Phone Number, Email Address and applicable Contract Item #6.5.
Number when submitting a Purchase Order. For any additional information including Hardware, Software and Services Contracts, please contact an SHI Inside Sales Representative at (888) 744-4084. SHI International Corp. is 100% Minority Owned, Woman Owned Business. TAX ID# 22-3009648; DUNS# 61-1429481; CCR# 61-243957G; CAGE 1HTF0 Hardware items on this quote may be updated to reflect changes due to industry wide constraints and fluctuations.
WSCA Contract for California: ADSPO11-00000358-3 PA 70-12-70-19 Trend Micro Contract for California: SLP-12-70-0003V
Attachmate Contract for California: SLP-13-70-0003W
First time user for SHI Direct website? Please use the following information when registering.
California Gov't:
http://www.publicsector.shidirect.com/slg/ca
Token: 30343
Access Key: HBB59KL3PK
The products offered under this proposal are resold in accordance with the terms and conditions of the Contract referenced under that applicable line item.
Item #6.5.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Yudiana Galvan, City of Calistoga | City Clerk
Meeting: City Council - Jul 22 2025
Subject: Adoption of Minutes
DESCRIPTION:
Council will consider adopting the minutes from the 6/24 Regular City Council Meeting and the 6/24 and 6/17 Special City Council Meetings.
RECOMMENDATION:
Consider Adopting the Minutes
FINANCIAL IMPACT:
None
CEQA STATUS:
None
ATTACHMENT(S):
6.17.25 Draft Minutes - Special Meetings
6.24.25 Draft Minutes - Special Meeting
6.24.25 Draft Minutes
APPROVAL(S):
Connie Cardenas, Admin. Services Director Approved - Jul 10 2025 Laura Snideman, City of Calistoga | City Manager Approved - Jul 14 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Jul 14 2025 Item #6.6.
MINUTES
CALISTOGA CITY COUNCIL - SPECIAL MEETING
Tuesday, June 17, 2025 - 6:00 PM
Calistoga Community Center | 1307 Washington Street Calistoga, CA 94515
1. CALL TO ORDER – ROLL CALL
Mayor Williams called the regular session to order at 6:02 p.m.
Present: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmember Eisenberg, Cooper and Gift
Absent:
2. PROCLAMATIONS/PRESENTATIONS/ AWARDS
2.1. The Council made a Proclamation of Gratitude to Volunteers of the Fairgrounds and presented it to Fairgrounds Director Sheli Wright.
3. CONSENT CALENDAR
3.1. Adoption of Ordinance No. 777- Second Reading of an Ordinance updating and designating Fire Hazard Severity Zones and adding Chapter 12.050 "Fire Hazard Severity Zone Maps" to Title 2 "Council, Administration and Personnel" of the Calistoga Municipal Code.
Mayor Williams and Councilmember Eisenberg are recused due to a property proximity conflict.
There was public comment by Cindy Yant and Kerri Abreu.
Motion by Vice Mayor Lopez-Ortega and seconded by Councilmember Cooper to adopt the resolution Motion Carried
AYES: Vice Mayor Lopez-Ortega, Councilmember Cooper, and Councilmember Gift
NOES: None
ABSTAIN: None
ABSENT: None
4. GENERAL GOVERNMENT
4.1. Adoption of Resolution No. 2025-53- Confirming the Mayor's Appointments of Two Councilmember Liaisons to the Fairgrounds Advisory Committee.
There was public comment by Cindy Yant, Wyatt Farris and Dom Tallerico.
Motion by Mayor Williams and seconded by Councilmember Eisenberg to nominate Mayor Williams and Councilmember Gift to be liaisons to the Fairgrounds Advisory Committee.
Motion Carried
AYES: Mayor Williams, Vice Mayor Lopez-Ortega, Councilmember Item #6.6.
City Council - Special Meeting Minutes June 17, 2025
Eisenberg, Councilmember Cooper, and Councilmember Gift NOES: None
ABSTAIN: None
ABSENT: None
4.2. Adoption of Resolution No. 2025-54- Describing the parameters for staff to annually design and implement a sponsorship program for the Calistoga Fairgrounds This item was presented by Fairgrounds Director Sheli Wright and discussed by Council.
There was public comment by Cindy Yant, Kerri Abreu, Donna Higgins, and Wyatt Farris.
Motion by Mayor Williams and seconded by Councilmember Cooper to adopt the resolution as presented Motion Carried
AYES: Mayor Williams, Vice Mayor Lopez-Ortega, Councilmember Eisenberg, and Councilmember Cooper
NOES: None
ABSTAIN: Councilmember Gift
ABSENT: None
4.3. Discussion and Direction Regarding a Proposed Two-Day Exclusive Rock Music Festival at the Calistoga Fairgrounds
This item was presented by Fairgrounds Director Sheli Wright and discussed by Council who asked clarifying questions.
There was public comment by Norman Blaine, Eric Reichart, Kerri Abreu, Wyatt Farris, Charlotte Williams, Kelly Nelson, Gary Hilmerfarb, Michael Woods and Seth Gripe.
Council directed staff to begin negotiations with the promoter and pursue option 3, Councilmember Gift abstained from this item.
5. COUNCIL REPORTS
Councilmember Eisenberg announced that the County Climate Action Committee is having a meeting in Calistoga tomorrow at 9 am.
6. ADJOURNMENT
Mayor Williams adjourned the meeting at 7:47 p.m.
Respectfully submitted:
Prepared by: Approved by:
Item #6.6.
City Council - Special Meeting Minutes June 17, 2025
______________________ ______________________
Yudiana Galvan, City Clerk Donald Williams, Mayor
Item #6.6.
MINUTES
CALISTOGA CITY COUNCIL - CLOSED SESSION
Tuesday, June 24, 2025 - 3:30 PM
1. CALL TO ORDER – ROLL CALL
Mayor Williams called the regular session to order at 3:30 p.m.
Present: Mayor Williams and Councilmembers Eisenberg, Cooper and Gift
Absent: Vice Mayor Lopez-Ortega
2. ORAL COMMUNICATION
There was no public comment
3. ADJOURN TO CLOSED SESSION ON THE FOLLOWING MATTER:
3.1. CONFERENCE REGARDING LABOR NEGOTIATIONS
(Government Code §54957.6)
Agency Designated Representative(s): Laura Snideman, Rena Lariz and Marc Fox Employee Organizations: Calistoga Public Employees Association (CPEA), Calistoga Professional Firefighter's Association (CPFA), Calistoga Police Officers Association (CPOA), Calistoga Unrepresented Mid-Management, Calistoga Unrepresented Executive Management
4. ADJOURNMENT
Mayor Williams adjourned the meeting at 4:24 p.m.
Prepared by: Approved by:
______________________ ______________________
Yudiana Galvan, City Clerk Donald Williams, Mayor
Item #6.6.
MINUTES
CALISTOGA CITY COUNCIL - REGULAR MEETING
Tuesday, June 24, 2025 - 6:00 PM
Calistoga Community Center | 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 William and Councilmembers Eisenberg, Cooper and Gift
Absent:
2. REPORT FROM CLOSED SESSIONS
There was a closed session held today regarding labor negotiations, there was no reportable action.
3. ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS There was public comment by Jeremy Campbell, Cindy Yant and Paul Noblich.
4. CITY MANAGER’S REPORT
City Manager Snideman Reported:
1. We have a pop-up city carnival event at the Fairgrounds Thursday-Friday 1pm-10pm Saturday and Sunday. Free Entry!
2. Celebrate Napa Valley is hosting the 4th of July Parade at 11 am followed by the Star-Spangled Social on the great lawn
3. The City pool is now open for the full summer season.
4. The Police Department participated in the Special Olympics Torch Run.
5. We are accepting applications for Community Enrichment Grants through Friday 27th at 3 pm.
Applications are available online and at the City Clerk's office.
5. PROCLAMATIONS/PRESENTATIONS/ AWARDS
5.1. Council Proclaimed July as Parks Make Life Better!® Month and presented the proclamation to Parks and Recreation Director Erin Stroud and Monica Rubio.
6. CONSENT CALENDAR
6.1. Adoption of Consent Calendar
Motion by Mayor Williams and seconded by Councilmember Cooper to adopt consent calendar as presented, with the exception of item # 6.8. Motion Carried AYES: Mayor Williams, Councilmember Gift, Councilmember Cooper, and Councilmember Eisenberg
NOES: None
ABSTAIN: None
ABSENT: Vice Mayor Lopez-Ortega
6.2. Adoption of Resolution No. 2025-55 - Authorizing the City Manager to expend Police COPS grant funds to purchase necessary portable radios.
Item #6.6.
City Council Minutes June 24, 2025
6.3. Adoption of minutes of Regular City Council Meetings 4/29, 5/20 and 6/10 and the minutes of Special City Council Meetings 5/6, 5/19 and 6/10.
6.4. Adoption of Resolution No. 2025-56 - Authorizing the City Manager to enter into a License Agreement with the Calistoga Art Center for continued use of the Cropp Building at the Calistoga Fairgrounds.
6.5. Adoption of Resolution No. 2025-57 - Authorizing the City Manager to expend Police COPS grant funds to purchase necessary rifles and pistols.
6.6. Adoption of Resolution No. 2025-58 - Executing a three-year Fire Dispatch Services Agreement Renewal with Cal Fire from July 1, 2025, through June 30, 2028.
6.7. Adoption of Resolution No. 2025-59 - Authorizing an agreement for Exchange of Easements and Construction of a Pathway.
6.8. Adoption of Resolution No. 2025-60 - Adopting the Fiscal Year 25/26 Budget and Fee Schedule.
Adoption of Resolution No. 2025-61 - Adopting the Fiscal Year 25/26 Appropriation Limit This item was pulled for discussion by Councilmember Eisenberg and discussed by Council, there was no public comment.
Motion by Mayor Williams and seconded by Councilmember Eisenberg to adopt the resolution for the City of Calistoga Fiscal Year 25/26 Budget, and supplemental attachments and adopt the resolution for the Annual Appropriations Limit for the Fiscal Year 25/26 Motion Carried
AYES: Mayor Williams, Councilmember Gift, Councilmember Cooper, and Councilmember Eisenberg
NOES: None
ABSTAIN: None
ABSENT: Vice Mayor Lopez-Ortega
7. PUBLIC HEARING
8. GENERAL GOVERNMENT
8.1. Council direction regarding short term rental enforcement.
This item was presented by Deputy City Manager Rachel Stepp and Planning and Building Director Greg Desmond.
Council discussed and asked clarifying questions. There was public comment Rob Serini.
Council gave staff direction to begin the process of amending the municipal code and work on putting together and RFP.
8.2. Adoption of Resolution No. 2025-62 - Fiscal Year 24-25 Year-End Budget Amendments Item #6.6.
City Council Minutes June 24, 2025
This item was presented by Administrative Services Director Connie Cardenas and discussed by Council, who asked clarifying questions.
Motion by Mayor Williams and seconded by Councilmember Gift to adopt the resolution that amends the Fiscal Year 24-25 budget with attachments for Fiscal Year 24-25 Year-end budget amendments. Motion Carried
AYES: Mayor Williams, Vice Mayor Lopez-Ortega, Councilmember Gift, Councilmember Cooper, and Councilmember Eisenberg NOES: None
ABSTAIN: None
ABSENT: None
8.3. Revising the Vice-Mayor Appointment Process
This item was discussed by Council, there was no public comment.
Council directed staff to draft a revision of the Vice Mayor appointment process to include an automatic appointment of the next senior Councilmember every calendar year. City Manager Snideman will bring the revision back to Council regarding a Vice Mayor rotation process.
9. COUNCIL REPORTS
Councilmember Gift will be the keynote speaker for Mentis Suicide Prevention in September in Napa. This is a very important step for her to continue advocacy work regarding mental health. She will also be attending the eHydrogen Green Conference this week in Sacramento. This is a global conference and she will be representing Calistoga on a panel regarding the City's decision to move forward with the hydrogen-powered micro-grid.
Councilmember Cooper attended the UpValley Waste Management Committee Meeting and confirmed that Clover Flat is shutting down but will remain monitored for the next 30 years per a maintenance agreement. Also, $300,000 in grant money will be made available for garbage and recycling projects for all Napa County Municipalities. Our Public Works Department will be working on that opportunity for the City.
Mayor Williams and Councilmember Eisenberg attended a Napa Valley Transportation Authority meeting and the topic of discussion was their budget.
10. ADJOURNMENT
Mayor Williams adjourned the meeting, at 7:23 p.m.
Respectfully submitted:
Prepared by: Approved by:
______________________ ______________________
Yudiana Galvan, City Clerk Donald Williams, Mayor
Item #6.6.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Matt McCaffrey, Police Chief
Meeting: City Council - Jul 22 2025
Subject: Accepting Grant Funding from California CTFGP
DESCRIPTION:
Consider adopting a Resolution accepting grant funding from the State of California Cannabis Tax Fund Grant Program (CTFGP).
RECOMMENDATION:
Consider Adopting the Resolution
SUMMARY:
The Calistoga Police Department applied for, and was awarded, a grant in the amount of $132,868.97 from the State of California Cannabis Tax Fund Grant Program (CTFGP) to be used to reduce and mitigate the impacts of impaired driving in our community (See attached Award Letter).
Specifically, the grant will fund:
16 DUI Saturation Patrols: The objective is to reduce DUI/DUID deaths by 15%, which will improve roadway safety in our community and show enhanced traffic enforcement on our local roadways.
4 DUI Checkpoints: The objective is to reduce DUI/DUID by 15%, which will reduce the number of impaired drivers on our roadways and contribute to reduced traffic collision factors. 6 Rumble Strips: To assist in operating DUI Checkpoints and enhance officer safety by slowing down vehicles' rate of speed as they proceed towards the checkpoint stop. 1 DUI Trailer for Checkpoint activities: The trailer will include space for on-site DUI processing such as blood draws, secure storage for cones and equipment, and a break area for officers during extended operations. Equipped with a generator and lighting, it will enhance officer safety and visibility during nighttime checkpoints or roadside stops. This mobile unit will reduce processing time, keep officers in the field longer, and directly support the grant’s goal of reducing cannabis-related traffic incidents and enhancing public safety. 2 Globug Lights: To assist in operating DUI Checkpoints and enhance officer safety with lighting needed on roadways where we have limited street light protection.
ANALYSIS:
Item #6.7.
The funds for this grant will reimburse the purchase costs of equipment and staff overtime related to DUI checkpoints and saturation patrols. The State of California Cannabis Tax Fund Grant Program requires the City of Calistoga City Council to approve a resolution to accept the grant funding and to enter into a Memorandum of Understanding with the California Department of Justice (see attached Grant Agreement).
FINANCIAL IMPACT:
The acceptance of this grant will supplement the Police Department budget by reimbursement for an amount up to $132,868.97 under account 01-3228-0002. There is no grant requirement for matching funds.
CEQA STATUS:
Not Applicable
ATTACHMENT(S):
DRAFT Reso Cannabis Tax Fund Grant
FY25-26 CTFGP Intent to Award - Calistoga PD
FY25-26 CTFGP Grant Agreement - Calistoga PD
APPROVAL(S):
Mitch Celaya, Assistant City Manager Approved - Jul 09 2025 Connie Cardenas, Admin. Services Director Approved - Jul 10 2025 Laura Snideman, City of Calistoga | City Manager Approved - Jul 14 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Jul 15 2025 Item #6.7.
Item #6.7.
RESOLUTION NO. 2025-XX
ADOPTED JULY 22, 2025
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF
NAPA, STATE OF CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF GRANT FUNDS IN THE AMOUNT OF $132,868.97 FROM THE STATE OF CALIFORNIA
CANNABIS TAX FUND GRANT PROGRAM AND AUTHORIZING THE
CITY MANAGER TO EXECUTE APPLICATIONS AND DOCUMENTS FOR THE
PURPOSES OF ACCEPTING THE GRANT FUNDS FROM THE CANNABIS TAX
FUND GRANT PROGRAM
WHEREAS, the State of California requires that the Calistoga City Council approve a resolution to accept grant funding; and
WHEREAS, the City of Calistoga desires to accept the Cannabis Tax Fund Grant Program Funds for the fiscal year 2025-26; and
WHEREAS, the grant requires the City of Calistoga to enter into a Memorandum of Understanding with the California Department of Justice; and NOW, THEREFORE BE IT RESOLVED that the City Manager or designee is hereby authorized to execute and submit for and on behalf of the City of Calistoga, a local government established under the laws of the State of California, applications and other related documents, including agreements amendments, extensions, and grant award documents, for the purpose of obtaining grant funding from the Cannabis Tax Fund Grant Program. That this authorization shall be in effect for the duration of Fiscal Year 2025-26 grant periods.
PASSED, APPROVED AND ADOPTED this 22nd day of July 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 #6.7.
State of California-Transportation Agency GAVIN NEWSOM, Governor
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
Safety, Service, and Security An Internationally Accredited Agency 601 North 7th Street
Sacramento, CA 95811
(916) 843-4360
(800) 735-2929 (TT/TDD)
(800) 735-2922 (Voice)
June 13, 2025
File No.: 060.17344.17369
Corporal Samantha Arlen
Calistoga Police Department
1235 Washington Street
Calistoga, CA 94515
Dear Corporal Arlen:
On behalf of the California Highway Patrol (CHP), it is my pleasure to inform you, the Calistoga Police Department, is conditionally approved for Cannabis Tax Fund Grant Program (CTFGP) funding in the amount of $132,868.97. The purpose of this grant funding is to help your agency reduce and mitigate the impacts of impaired driving in your community.
All grant awards, including any adjustments to requested funding, were made by the Department based on the merits of the Grant Application, scale of operation, and in accordance with the Request for Application (RFA) requirements and associated regulations.
The official Grant Agreement for signature is forthcoming. In order to execute your Grant Agreement, please provide documentation from a local governing body, authorizing your organization to receive this grant funding, to the Cannabis Grants Unit, by email at [email protected], as soon as possible.
Refer to California Code of Regulations Title 13, Division 2, Chapter 13, Section 1890.13(g) for additional information.
The CHP looks forward to partnering with you and your agency on this project in an effort to make California’s roadways a safer place to travel. If you have any questions, please feel free to contact the Cannabis Grants Unit at (916) 843-4360.
Sincerely,
M. W. HEADRICK, Chief
Enforcement and Planning Division
Item #6.7.
State of California
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
GRANT AGREEMENT - Page 1
Award Number
23540 ________________________________________________________________
1. GRANT TITLE
FY25/26 CTFGP Law Enforcement – Calistoga Police Department
2. NAME OF ORGANIZATION/AGENCY
Calistoga Police Department
3. ORGANIZATION/AGENCY SECTION TO ADMINISTER GRANT
4. PROJECT PERFORMANCE PERIOD
From: 07/01/2025 To: 06/30/2026
5. PURCHASE ORDER NUMBER
6. GRANT OPPORTUNITY INFORMATION DESCRIPTION
Law Enforcement grants provide financial assistance to allied agencies for the education, prevention, and the enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis and cannabis products.
The intent of the program is to educate the public regarding the dangers of impaired driving, enforce impaired driving laws on the roadway, and improve the Organization/Agency’s effectiveness through training and development of new strategies.
7. FUNDS ALLOCATED UNDER THIS GRANT AGREEMENT SHALL NOT EXCEED $132,868.97
8. TERMS AND CONDITIONS
The Grantee agrees to complete the Project, as described in the Project Description. The Grantee’s Grant Application, and the California Code of Regulations, Title 13, Division 2, Chapter 13, Sections 1890.00-1890.27, are hereby incorporated into this Grant Agreement by reference.
The parties hereto agree to comply with the Terms and Conditions of the following attachments:
• Schedule A – Project Description, Problem Statement, Goals and Objectives, and Method of Procedure • Schedule B – Detailed Budget Estimate
• Schedule B-1 – Budget Narrative
We, the officials named below, hereby swear, under penalty of perjury under the laws of the State of California, that we are duly authorized to legally bind the Grant recipient to the above-described Grant Terms and Conditions.
IN WITNESS WHEREOF, this Grant Agreement is executed by the parties hereto.
9. APPROVAL SIGNATURES
A. AUTHORIZED OFFICIAL OF ORGANIZATION/AGENCY
Name: Matthew McCaffrey
Title: Chief of Police
Phone: (707) 942-2813
Address: 1232 Washington Street
Calistoga, CA 94515
E-Mail: [email protected]
___________________________ _______________
(Signature) (Date)
B. AUTHORIZED OFFICIAL OF CHP
Name: Andrew Beasley Phone: (916) 843-4360
Title: Captain Fax: (916) 322-3169
Address: 601 North 7th Street
Sacramento, CA 95811
E-Mail: [email protected]
___________________________ _______________
(Signature) (Date)
C. ACCOUNTING OFFICER OF CHP
Name: M. V. Fojas Phone: (916) 843-3531
Title: Commander Fax: (916) 322-3159
Address: 601 North 7th Street
Sacramento, CA 95811
E-Mail: [email protected]
___________________________ _______________
(Signature) (Date)
10. AUTHORIZED FINANCIAL CONTACT TO RECEIVE
REIMBURSEMENT PAYMENTS
Name: Samantha Arlen
Title: Police Corporal
Phone: (707) 942-2813
Address: 1232 Washington Street
Calistoga, CA 94515
Item #6.7.
TERMS AND CONDITIONS
Grantee shall comply with the California Code of Regulations, Title 13, Division 2, Chapter 13 Section 1890, et seq. and all other Terms and Conditions noted in this Grant Agreement. Failure by the Grantee to comply may result in the termination of this Grant Agreement by the California Highway Patrol (hereafter referred to as State). The State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.
A. EXECUTION
1. The State (the California Highway Patrol) hereby awards, to the Grantee, the sum of money stated on page one of this Grant Agreement. This funding is awarded to the Grantee to carry out the Project set forth in the Project Description and the terms and conditions set forth in this Grant Agreement.
2. The funding for this Grant Agreement is allocated pursuant to California Revenue and Taxation Code Section 34019(f)(3)(B). The Grantee agrees that the State’s obligation to pay any sum under this Grant Agreement is contingent upon availability of funds disbursed from the California Cannabis Tax Fund to the State. If there is insufficient funding, the State shall have the option to either: 1) terminate this Grant Agreement; whereby, no party shall have any further obligations or liabilities under this Grant Agreement, or 2) negotiate a Grant Agreement Amendment to reduce the grant award and scope of work to be provided under this Grant Agreement.
3. The Grantee is not to commence or proceed with any work in advance of receiving notice that the Grant Agreement is approved. Any work performed by the Grantee in advance of the date of approval by the State shall be deemed volunteer work and will not be reimbursed by the State.
4. The Grantee agrees to provide any additional funding, beyond what the State has agreed to provide, pursuant to this Grant Agreement, and necessary to complete or carry out the Project, as described in this Grant Agreement. Any modification or alteration of this Grant Agreement, as set forth in the Grant Application submitted by the Grantee and on file with the State, must be submitted in writing thirty (30) calendar days in advance to the State for approval.
5. The Grantee agrees to complete the Project within the timeframe indicated in the Project Performance Period, which is on page one of this Grant Agreement.
B. PROJECT ADMINISTRATION
1. The Grantee shall submit all reimbursements, progress, performance, and/or other required reports concerning the status of work performed in furtherance of this Grant Agreement on a quarterly basis, or as requested by the State.
2. The Grantee shall provide the State with a final report showing all Project expenditures, which includes all State and any other Project funding expended, within sixty (60) calendar days after completion of this Grant Agreement.
3. The Grantee shall ensure all equipment which is purchased, maintained, operated, and/or developed is available for inspection by the State.
4. Equipment purchased through this Grant Agreement shall be used for the education, prevention, and enforcement of impaired driving laws, unless the Grantee is funding a portion of the purchased price not dedicated to impaired driving and that portion is not part of the Project costs.
Equipment purchased under this Grant Agreement must only be used for approved Projectrelated purposes, unless otherwise approved by the State in writing.
5. Prior to disposition of equipment acquired under this Grant Agreement, the Grantee shall notify the State via e-mail, and by telephone, by calling the California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit at (916) 843-4360.
Item #6.7.
TERMS AND CONDITIONS
C. PROJECT TERMINATION
1. Grantee or the State may terminate this Grant Agreement at any time prior to the commencement of the Project. Once the Project has commenced, this Grant Agreement may only be terminated if the party withdrawing provides thirty (30) calendar days written notice of their intent to withdraw.
a. If by reason of force majeure the performance hereunder is delayed or prevented, then the term end date may be extended by mutual consent for the same amount of time of such delay or prevention. The term “force majeure” shall mean any fire, flood, earthquake, or public disaster, strike, labor dispute or unrest, embargo, riot, war, insurrection or civil unrest, any act of God, any act of legally constituted authority, or any other cause beyond the Grantee’s control which would excuse the Grantee’s performance as a matter of law. b. Grantee agrees to provide written notice of an event of force majeure under this Grant Agreement within ten (10) calendar days of the commencement of such event, and within ten (10) calendar days after the termination of such event, unless the force majeure prohibits Grantee from reasonably giving notice within this period. Grantee will give such notice at the earliest possible time following the event of force majeure.
2. Any violations of law committed by the Grantee, misrepresentations of Project information by the Grantee to the State, submission of falsified documents by the Grantee to the State, or failure to provide records by the Grantee to the State when requested for audit or site visit purposes may be cause for termination. If the Project is terminated for the reasons described in this paragraph, the State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.
3. The State may terminate this Grant Agreement and be relieved of any payments should the Grantee fail to perform the requirements of this Grant Agreement at the time and in the manner herein provided. Furthermore, the Grantee, upon termination, shall return grant funds not expended by the Grantee as of the date of termination.
4. If this Grant Agreement is terminated, the State may choose to exclude the Grantee from future Grant Opportunities.
D. FINANCIAL RECORDS
1. The Grantee agrees the State, or their designated representative, shall have the right to review and to copy all records and supporting documentation pertaining to the performance of this Grant Agreement. Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after final payment, unless a longer period of records retention is stipulated or required by law. Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Furthermore, the Grantee agrees to include a similar right for the State to audit all records and interview staff in any subcontract related to performance of this Grant Agreement.
E. HOLD HARMLESS
1. The Grantee agrees to indemnify, defend, and save harmless the State, its officials, agents and employees from any and all claims and losses accruing or resulting to any and all Grantee’s staff, contractors, subcontractors, suppliers, and other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Grant Agreement, and from any and all claims and losses accruing or resulting to any person, agency, firm, corporation who may be injured or damaged by the Grantee in performance of this Grant Agreement.
Item #6.7.
TERMS AND CONDITIONS
F. NONDISCRIMINATION
1. The Grantee agrees to comply with State and federal laws outlawing discrimination, including, but not limited to, those prohibiting discrimination because of sex, race, color, ancestry, religion, creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (including cancer or genetic characteristics), sexual orientation, political affiliation, position in a labor dispute, age, marital status, and denial of statutorily-required employmentrelated leave. (GC 12990 [a-f] and CCR, Title 2, Section 8103.) G. AMERICANS WITH DISABILITIES ACT
1. The Grantee assures the State it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) H. DRUG-FREE WORKPLACE
1. The Grantee shall comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
i. The dangers of drug abuse in the workplace.
ii. The person's or Organization/Agency's policy of maintaining a drug-free workplace. iii. Any available counseling, rehabilitation, and employee assistance programs. iv. Penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the Project will:
i. Receive a copy of the company's drug-free workplace policy statement. ii. Agree to abide by the terms of the company's statement as a condition of employment on the Grant Agreement.
2. Failure to comply with these requirements may result in suspension of payments under this Grant Agreement, or termination of this Grant Agreement, or both, and Grantee may be ineligible for award of any future Grant Agreements if the department determines that any of the following has occurred:
a. The Grantee has made false certification or violated the certification by failing to carry out the requirements, as noted above. (GC 8350 et seq.)
I. LAW ENFORCEMENT AGENCIES
1. All law enforcement Organization/Agency/Agency Grantees shall comply with California law regarding racial profiling. Specifically, law enforcement Organization/Agency/Agency Grantees shall not engage in the act of racial profiling, as defined in California Penal Code Section 13519.4.
Item #6.7.
TERMS AND CONDITIONS
J. LABOR CODE/WORKERS' COMPENSATION
1. The Grantee is advised and made aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Grant Agreement, (refer to Labor Code Section 3700).
K. GRANT APPLICATION INCORPORATION
1. The Grantee agrees the Grant Application and any subsequent changes or additions approved or required by the State is hereby incorporated into this Grant Agreement.
L. STATE LOBBYING
1. The Grantee is advised that none of the funds provided under this Grant Agreement may be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a state official, whose salary is supported by this Grant Agreement, from engaging in direct communications with the state or local legislative officials, in accordance with customary state and/or local practice.
M. REPRESENTATION AND WARRANTIES
1. The Grantee represents and warrants that:
a. It is validly existing and in good standing under the laws of the State of California, has, or will have the requisite power, authority, licenses, permits, and the like necessary to carry on its business as it is now being conducted and as contemplated in this Grant Agreement, and will, at all times, lawfully conduct its business in compliance with all applicable federal, state, and local laws, regulations, and rules.
b. It is not a party to any Grant Agreement, written or oral, creating obligations that would prevent it from entering into this Grant Agreement or satisfying the terms herein. c. If the Grantee is a Nonprofit Organization/Agency, it will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California taxexempt status. If the Grantee subcontracts with a Nonprofit as part of this Grant Agreement, the Grantee shall ensure the Nonprofit will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California tax-exempt status.
d. All of the information in its Grant Application and all materials submitted are true and accurate.
N. AIR OR WATER POLLUTION VIOLATION
1. Under the state laws, the Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
Item #6.7.
TERMS AND CONDITIONS
O. GRANTEE NAME CHANGE
1. Grantee agrees to immediately inform the State, in writing, of any changes to the name of the person within the Organization/Agency/Agency with delegated signing authority.
2. An Amendment is required to change the Grantee's name, as listed on this Grant Agreement. Upon receipt of legal documentation of the name change, the State will process the Amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said Amendment.
P. RESOLUTION
1. A county, city, district, or other local public body shall provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body, which by law, has authority to enter into a Grant Agreement, authorizing execution of the Grant Agreement.
Q. PAYEE DATA RECORD FORM STD. 204
1. This form shall be completed by all non-governmental Grantees.
R. FINANCIAL INFORMATION SYSTEM FOR CALIFORNIA GOVERNMENT AGENCY TAXPAYER ID FORM
1. This form shall be completed by all Grantees.
S. CONFLICT OF INTEREST
1. This section serves to make the Grantee aware of specific provisions related to current or former state employees. If Grantee has any questions regarding the status of any person rendering services or involved with the Grant Agreement, the Grantee shall contact the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) immediately for clarification.
2. Current State Employees:
a. No officer or employee shall engage in any employment, activity, or enterprise, from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity, or enterprise is required, as a condition of regular state employment.
b. No officer or employee shall contract on their own behalf, as an independent Grantee, with any state agency to provide goods or services.
3. Former State Employees:
a. For the two-year period from the date they left state employment, no former state officer or employee may enter into a contract in which they engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to this Grant Agreement while employed in any capacity by any state agency. b. For the 12-month period from the date they left state employment, no former state officer or employee may enter into a contract with any state agency if they were employed by that state agency in a policy-making position in the same general subject area as the proposed Grant Agreement within the 12-month period prior to their leaving state service.
4. The authorized representative of the Grantee Organization/Agency, named within this Grant Agreement, warrants their Organization/Agency and its employees have no personal or financial interest and no present or past employment or activity, which would be incompatible with Item #6.7.
TERMS AND CONDITIONS
participating in any activity related to this Grant Agreement. For the duration of this Grant Agreement, the Organization/Agency and its employees will not accept any gift, benefit, gratuity or consideration, or begin a personal or financial interest in a party who is associated with this Grant Agreement.
5. The Grantee Organization/Agency and its employees shall not disclose any financial, statistical, personal, technical, media-related, and/or other information or data derived from this Grant Agreement, made available for use by the State, for the purposes of providing services to the State, in conjunction with this Grant Agreement, except as otherwise required by law or explicitly permitted by the State in writing. The Grantee shall immediately advise the State of any person(s) who has access to confidential Project information and intends to disclose that information in violation of this Grant Agreement.
6. The Grantee will not enter into any Grant Agreement or discussions with third parties concerning materials described in paragraph five (5) prior to receiving written confirmation from the State that such third party has a Grant Agreement with the State, similar in nature to this one.
7. The Grantee warrants that only those employees who are authorized and required to use the materials described in paragraph 5 will have access to them.
8. If the Grantee violates any provisions in the above paragraphs, such action by the Grantee shall render this Grant Agreement void.
T. EQUIPMENT-USE TERMS
1. The Grantee agrees any equipment purchased under this Grant Agreement shall be used for impaired driving efforts.
2. Law Enforcement Projects:
a. Oral Fluid Drug Screening Devices and Cannabis/Marijuana Breath Testing Equipment - The Grantee agrees to ensure all personnel using road-side drug testing equipment, including oral fluid drug testing devices and/or cannabis/marijuana breath testing devices, purchased with grant funds from this Grant Agreement, are trained to recognize alcohol and drug impairment.
At a minimum, personnel using these devices should receive Standardized Field Sobriety Testing training. These personnel are also encouraged to attend Advanced Roadside Impaired Driving Enforcement and Drug Recognition Evaluator training. Prior to using these devices, the Grantee agrees to obtain permission from their local prosecutor’s office, establish a policy ensuring appropriate use, and require the staff using these devices to receive appropriate training, which may include training from the manufacturer. This will help ensure the equipment is used appropriately. The Grantee shall advise the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) of any legal challenges or other items of significance that may affect the use or legal acceptance of these devices.
Additionally, the State may request additional information about the performance of these devices, including information about their use, accuracy, and feedback from personnel using the devices.
b. Law Enforcement Vehicles – The Grantee agrees any law enforcement vehicles purchased with Grant funds, from this Grant Agreement, will be primarily used for the enforcement of driving under the influence laws and/or providing public education, related to the dangers of driving under the influence. Additionally, any vehicle purchased using funds from this Grant Agreement shall comply with all California Vehicle Code and California Code of Regulation requirements. The State may require the Grantee to mark these vehicles with a decal and/or emblem, indicating the vehicle is used for driving under the influence enforcement.
Item #6.7.
Schedule A
Calistoga Police Department
All grant awards, including any adjustments to requested funding, were made by the Cannabis Grants Unit based on the merits of the Grant Application, scale of operation, and in accordance with the Request for Application (RFA) requirements and associated regulations. As a result, not all Project activities and items detailed in Schedule A are applicable. Refer to Schedule B - Detailed Budget Estimate for approved Budget line items and Project activities. Project activities and items that are not clearly identified/specified in the Grant Agreement must be submitted to and approved by CGU prior to purchase.
Project Description
Our proposed project is to continue our enforcement efforts through ongoing saturation patrol and DUI checkpoints. Our project would also include training our newest officers in SFST and ARIDE courses to prepare them for effective enforcement efforts within our community.
Problem Statement & Proposed Solution
Calistoga is a rural city located at the northern most point of the Napa Valley. Calistoga is a prime tourist destination for those seeking relaxation and wine tasting. We are home to approximately 5200 residents with a population of 51 % Latino and approximately 85% of our school age population is Latino. Calistoga is located at the crossroads to two major counties of Lake and Sonoma, which are known for major marijuana cultivation and transportation directly through our area. We have extremely limited access to public transportation, which is a contributing factor to impaired driving and traffic related crashes in our jurisdiction.
Tourism is a revolving door which brings an influx of drivers to our area and increases the likelihood of impaired drivers on our roadways.
We need continued grant funding through CTFGP to effectively address the ongoing traffic related issues in the City of Calistoga. We have an ongoing issue of a high volume of DUI related offenses within city limits due to being in the heart of wine country in Napa County.
The proposed solution to these issues would be to conduct DUI enforcement (checkpoints), roving saturation patrols and collaborative enforcement efforts with our local allied agencies within Napa County. We need these specific efforts to be conducted on a continuous basis in order to make an impact on the community of Calistoga and prioritize roadway safety for the residents and families who live here.
Performance Measures/Scope of Work
16 DUI Saturation Patrols (Q1 = 4, Q2 = 4, Q3 = 4, Q4 = 4): Aim to reduce DUI/DUID deaths by 15%, which will improve roadway safety in our community and show enhanced traffic enforcement on our local roadways. 4 DUI Checkpoints (Q1=1, Q2 = 1, Q3=1 Q4 = 1): Aim to reduce DUI/DUID by 15%, which will reduce the number of impaired drivers on our roadways and contribute to reduced traffic collision factors. 6 Rumble Strips for DUI Checkpoints (Q1=Purchase, Q2=Receive, Q2-Q4=Use to assist DUI Checkpoints and enhance officer safety by slowing down vehicles rate of speed as they proceed towards the checkpoint stop.
1 DUI Trailer for Checkpoint activities (Q1=Purchase, Q2=Receive, Q2-Q4=The trailer will include space for on-site DUI processing such as blood draws, secure storage for cones and equipment, and a break area for officers during extended operations. Equipped with a generator and lighting, it will enhance officer safety and visibility during nighttime checkpoints or roadside stops. This mobile unit will reduce processing time, keep officers in the field longer, and directly support the grant’s goal of reducing cannabis-related traffic incidents and enhancing public safety.
2 Globug Lights (Q1=Purchase, Q2=Receive, Q2-Q4=Use to complete DUI Checkpoints and enhance officer safety with lightening needed on roadways where we have limited street light protection.
Item #6.7.
Schedule A
Project Performance Evaluation
Methods used in the field to evaluate project effectiveness will be based on statistical data accrued during grant funded activities such as DUI checkpoints, saturation patrols and collaborative DUI enforcement with local agencies in our county. These numbers will be cross checked with previous years data for DUI/DUID arrests and citations.
The communication plan that will be used to share project results will include a written synopsis of data collected during the grant funded cycle and overall outcome of project goals. These results will be shared with internal staff and external stakeholders through oral communication.
Program Sustainability
The plan for reducing reliance on future grant funding will heavily rely on support and funding through the city of Calistoga. There will need to be specific overtime funding allocated to continue our efforts to reduce impaired driving on our roadways. The timeframe in which this would happen would be in the following fiscal budget year once grant funding has been exhausted.
Administrative Support
Our organization has four years of experience in grant funding management with an emphasis on QPR data reporting and reimbursement processing. The physical resources needed to successfully implement the project goals will be executed by our current police Corporal and overseen by department administration.
Item #6.7.
Schedule B
Detailed Budget Estimate
Award Number Organization/Agency Total Amount
23540 Calistoga PD $132,868.97
Cost Category Line Item Name Total Cost to Grant
Other Direct Costs
DUI Trailer - Outfitting $28,039.00
Globug Lights $8,875.00
Category Sub-Total $36,914.00
Personnel
DUI Saturation Patrol $33,216.00
DUI Checkpoint $24,432.00
Category Sub-Total $57,648.00
Equipment
DUI Trailer $38,306.97
Category Sub-Total $38,306.97
Grant Total $132,868.97
Item #6.7.
Schedule B-1
Budget Narrative
Calistoga PD
Prior to engaging in grant-funded Saturation Patrols, DUI Checkpoints, or other enforcement activities in areas where the grantee does not have primary traffic jurisdiction, the grantee should consult with the agency having primary traffic jurisdiction.
Other Direct Costs
Globug Lights
$8,875.00
GloBug Light Quantity = 2 Unit Cost = $4250.00
Total Cost = $8875.00
DUI Trailer - Outfitting
$28,039.00
DUI/DUID Trailer Outfitting Quantity = 1 Unit Cost = $28,039.00 Total Cost = $28,039.00
Personnel
DUI Checkpoint
$24,432.00
4 DUI Checkpoints = $20,000
5 Officers
Officer OT= $125 per hour 8 hours per officer 160 hours total 4 DUI Checkpoints = $3,072
1 Dispatcher
Dispatcher OT= $96 per hour 8 hours 32 hours total
4 DUI Checkpoints = $1360
2 Public Works Crew
PW OT= $85 per hour 2 hours per PW Crew 16 hours total
DUI Saturation Patrol
$33,216.00
16 DUI Saturation Patrols =$24,000
2 Officers per patrol
Officer OT= $125 per hour 6 hours per officer 192 hours total 16 DUI Saturation Patrols =9,216
1 Dispatcher
Dispatcher OT= $96 per hour 6 hours per Dispatcher 96 hours total Equipment
DUI Trailer
$38,306.97
DUI/DUID Trailer Quantity = 1 Unit Cost = $38,306.97
Total Cost = $38,306.97
Item #6.7.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Jul 22 2025
Subject: Offer of Dedication of Acceptance from First Presbyterian Church DESCRIPTION:
Consider the City’s acceptance of an Offer of Dedication of an Easement to the City by the Trustees of the First Presbyterian Church of Calistoga for public right-of-way, sidewalk, curb return and other public purposes at 1407 3rd Street.
RECOMMENDATION:
Accept the Offer of Dedication of an Easement to the City by the Trustees of the First Presbyterian Church of Calistoga for public right-of-way, sidewalk, curb return and other public purposes at 1407 3rd Street, and authorize the City Manager or designee to execute the Acceptance of the Offer of Dedication of an Easement by the Trustees of the First Presbyterian Church of Calistoga, in a form approved by the City Attorney.
SUMMARY:
On July 22, 2020, the Planning Commission adopted, resolution 2020-14, that conditioned Brannan Center's project to dedicate additional right-of-way on the southeast corner of the property to allow for sidewalk (condition 26b). In order to comply with this condition, the developer submitted the plat and legal descriptions required to dedicate approximately 202 square feet of their property. Staff, surveyor and city attorney have reviewed the documents, and staff is bringing this before city council to request acceptance of the dedication.
ANALYSIS:
A. California Government Code § 7050 provides that, with the consent of the City, an irrevocable offer of dedication may be granted for any public purpose, including but not limited to public easement access rights and abutting rights, and that the dedication may be made by instrument executed, acknowledged and recorded in the same manner as a conveyance of real property.
B. The Trustees of the First Presbyterian Church of Calistoga (“Offeror”) is the owner in fee of real property located in the City of Calistoga, Assessor’s Parcel Nos. 011-202-016 (the “Site”).
C. On July 22, 2020, the City Planning Commission conditionally approved Offeror’s application for a use permit (UP 2020-14), design review (DR 2020-3) and variance approval (VA 2020- 2) to allow for the remodel, restoration and expansion of the Community Presbyterian Church structures, and to allow for a community center/performing arts center/office use at the same location, 1407 3rd Street in Calistoga, California (the “Project”).
D. Calistoga Municipal Code §16.14.030 permits the City, in its discretion, to accept an offer of dedication of an easement, instead of a fee, and in conjunction with the conditions of approval, Offeror consented to an offer for dedication of an easement (the “Easement”) to the City of that certain portion of the Site being approximately 202 square feet which is more Item #6.8.
particularly described in the legal description on Exhibit “B” and depicted on Exhibit “C”, both of which are attached to the Irrevocable Offer of Dedication (collectively, the “Dedication Area”).
E. In accordance with the conditions of approval, Offeror has offered to dedicate the Easement in the Dedication Area for public right-of-way, curb return, sidewalk, and any other public purposes. The Offer of Dedication is irrevocable and shall be absolutely binding upon the Offeror, its heirs, successors, assigns, and all persons claiming an interest in the Site through them.
F. In its Offer of Dedication, the Offeror agrees, that upon acceptance of this Offer of Dedication by the City, thereafter, Offeror shall, at its sole cost and expense, repair and maintain the sidewalk and the Dedication Area pursuant to the requirements of Calistoga Municipal Code §12.10.020.
FINANCIAL IMPACT:
There has been staff time, attorney, and surveyor time to review the offer of dedication documents, prepare reports, and review plats and descriptions. These costs are reimbursable by the developer.
CEQA STATUS:
This action does not meet the definition of a “project” under the California Environmental Quality Act (CEQA).
ATTACHMENT(S):
Resolution 2025-__Acceptance of Offer of Dedication (Easement-1407 3rd Street) 191848-10_DEDICATION
APPROVAL(S):
Connie Cardenas, Admin. Services Director Approved - Jul 10 2025 Laura Snideman, City of Calistoga | City Manager Approved - Jul 15 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Jul 15 2025 Item #6.8.
4931-2627-5923 v1
RESOLUTION NO. 2025–XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA
AUTHORIZING THE CITY MANAGER TO ACCEPT ON BEHALF OF THE CITY AN
OFFER OF DEDICATION TO THE CITY DESCRIBED IN THE IRREVOCABLE
OFFER OF DEDICATION BY THE TRUSTEES OF THE FIRST PRESBYTERIAN
CHURCH OF CALISTOGA FOR AN EASEMENT FOR THE PURPOSE OF PUBLIC
RIGHT-OF-WAY, SIDEWALK/CURB/GUTER, AND OTHER PUBLIC PURPOSES AT 1407 3RD STREET
WHEREAS, on July 22, 2020, the Planning Commission of the City of Calistoga (“City”) adopted Resolution PC 2020-14, approving a Use Permit, Design Review and Variance Approval to allow for the remodel, restoration and expansion of the Community Presbyterian Church structures, and to allow for a community center/performing arts center/office use at the same location, 1407 3rd Street in Calistoga, California (“Project); and
WHEREAS, under Resolution PC 2020-14, certain conditions of approval applied to the Project, including the obligation of the property owner, the Trustees of the First Presbyterian Church of Calistoga, to “dedicate additional right-of-way on the southeast corner of the property to allow for the sidewalk to be constructed within the public right-of-way”; and
WHEREAS, pursuant to the conditions of approval, the Trustees of the First Presbyterian Church of Calistoga now wish to dedicate an easement across a certain portion (approximately 220 square feet) of their Property as described in Exhibits A and B to the Irrevocable Offer of Dedication (Easement) to the City for the following purposes:
public right-of-way, curb return, sidewalk, street, public pedestrian, and any other public purposes; and
WHEREAS, the City accepts the easement dedication from the Trustees of the First Presbyterian Church of Calistoga as described above for the purposes described above.
WHEREAS, in its Offer of Dedication, the Offeror agrees, that upon acceptance of this Offer of Dedication by the City, thereafter, Offeror shall, at its sole cost and expense, repair and maintain the sidewalk and the Dedication Area pursuant to the requirements of Calistoga Municipal Code §12.10.020.
NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Calistoga hereby authorizes the City Manager or designee to take the following actions:
1. Accept an Irrevocable Offer of Dedication of the dedicated easement described in Exhibits A and B in the Irrevocable Offer of Dedication for public right-of-way, curb return, sidewalk, street, public pedestrian, and any other public purposes, in a form approved by the City Attorney; and
2. Take any and all further actions and execute any and all documents to effectuate the terms of this Resolution.
Item #6.8.
4931-2627-5923 v1
PASSED, APPROVED AND ADOPTED this 22nd day of July, 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 #6.8.
200 Fourth Street, Suite 300, Santa Rosa, CA 95401 | 707.583.8500 EXHIBIT ‘A’
Legal Description
All that real property situated in City of Calistoga, lying within the County of Napa, State of California and being a portion of the lands of Trustees of the First Presbyterian Church of Calistoga as described in that Indenture made the 5th day of March, 1874, filed in Book S of Deeds at Page 267, Napa County Records, and being more particularly described as follows:
Beginning at the intersection of the northerly right of way of Washington Street with the westerly right of way of Third Street, as designated and delineated on that Record of Survey of the lands of Community Presbyterian Church, at the southerly terminus of a course recited as N19°10’40” E 144.96 feet, said Record of Survey, filed for record March 4, 2020 in Book 48 of Surveys at Pages 95-96, Napa County Records; thence from said POINT OF BEGINNING, along said westerly right of way of Third Street, North 19°10'40" East, for a distance of 29.67 feet; thence, leaving said westerly right of way, along a non tangent curve to the right, from a tangent that bears, South 19°10'40" West, with a radius of 20.00 feet, through a central angle of 112°01'44", for a distance of 39.11 feet to said northerly right of way of Washington Street; thence, along said northerly right of way, South 48°47'36" East, for a distance of 29.67 feet to the Point of Beginning of the hereinabove described parcel of land.
Containing 202 square feet (0.005 acres), more or less.
Basis of Bearings: Record of Survey of the lands of Community Presbyterian Church, filed for record March 4, 2020 in Book 48 of Surveys at Pages 95-96, Napa County Records Prepared by:
BKF ENGINEERS
_____________________________________ Dated:_______________ Ralph H. Thomas, PLS. No. 4760
4/29/2025
Item #6.8.
3RD STREET
WASHINGTON STREET
3RD STREET
Plot Mar 25, 2025 at 7:35am 191848-10_DEDICATION-EXHB.dwg COPYRIGHT © BKF ENGINEERS 2025 BKF ENGINEERS 200 4th STREET SUITE 300 SANTA ROSA, CA 95401 (707) 583-8500 www.bkf.com RALPH H. THOMAS PLS 4760
1 1
AEG OCT 2024 RHT
20191848
DEDICATION TO THE CITY OF CALISTOGA
1" = 30' scale
30 0 30
feet
3/25/2025
Item #6.8.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Jul 22 2025
Subject: Napa Valley Vine Trail (NVTA) – Calistoga to St. Helena Segment – Amendment No. 4 to Funding Agreement No. 842
DESCRIPTION:
Consider Authorizing the City Manager to Execute and Make Minor Modifications to Amendment No. 4 to Funding Agreement No. 842 with the Napa Valley Transportation Authority (NVTA) to fund completion of the construction of the St. Helena to Calistoga Vine Trail Project in an Amount Not to Exceed $361,000.
RECOMMENDATION:
Consider Adopting the Resolution
SUMMARY:
Napa Valley Transportation Authority (NVTA) is the contract administrator for the project and has managed the design, permitting, and construction phases. The City of Calistoga is a financial partner participating in the project. NVTA is requesting additional funding in the amount of $361,000 from Calistoga to fund the completion of the construction of the project.
ANALYSIS:
The Vine Trail is a Class 1 bike and pedestrian trail that parallels Hwy 29 and ultimately connects the City of Calistoga to Vallejo. The project is being built in segments as funding becomes available.
The 8.4-mile section was recently built last spring between Calistoga and St. Helena. Original agreements for the St. Helena to Calistoga segment identified funding responsibilities between NVTA, and the Cities of St. Helena and Calistoga, the County of Napa, and the Napa Valley Vine Trail Coalition for the Vine Trail – St. Helena to Calistoga project, which were initiated in 2019.
The project has encountered significant construction issues due to a variety of circumstances. The most significant were the unforeseen utility conflicts with Pacific Gas & Electric’s (PG&E) existing gas line in the northern reaches of the project, a work delay in the southern reaches of the project due to PG&E’s Napa Bundle gas replacement, and weather delays over two wet winter seasons.
NVTA has submitted a claim to PG&E that is pending. Any future reimbursement received for the claim will be refunded to the jurisdictions according to their funding percentages shown below.
The NVTA Board authorized an additional $1.9 million in construction funds to complete the Vine Trail last September 2024 and the jurisdictions' proportional contribution is listed below along with all of the previous construction amendment requests included:
Item #8.1.
Agency Share
%
2023
Cost x 1000
2024
Cost x
1000
2025
Cost x
1000
Total
Construction
Contribution
x 1000
St Helena 19% $133 $140 $361 $634
Calistoga 19% $133 $140 $361 $634
Napa
County
37% $273 $285 $703 $1,261
Vine Trail
Coalition
25% $161 $175 $475 $811
Total = 100% $700 $740 $1,900 $3,340
FINANCIAL IMPACT:
The total project cost was $21,435,996 ($2.55M/mile), which included design/permit cost of $3,246,037. NVTA originally procured several grants totaling approximately $15,494,268.
Calistoga's proportional share is 19% and staff is requesting approval of $361,000 to finish funding construction of the project.
This amount is available in the FY25-26 Fairway Path (Vine Trail) Capital Improvement Project, as a fund #57 transfer to account no. 01-5521-4905. There are no further construction costs anticipated, but there may be additional legal expenses that will be addressed separately under a forthcoming agreement, and possible reimbursement if the claim is successful with PG&E.
Calistoga’s total out-of-pocket cost for this project, including construction and design/permitting is $955,250 (includes $361,000 amount). The city benefited with basically free design and permitting (approximately $321,250), a safer connection for bikes and pedestrians between cities, and covered more than half of our class 1 bike required funds for Measure T/U compliance.
CEQA STATUS:
Mitigated Negative Declaration (State Clearinghouse Number 2020060572) adopted by the NVTA Board on August 19, 2020.
ATTACHMENT(S):
Draft Resolution
CALISTOGA_Funding Agreement Amend 4
APPROVAL(S):
Connie Cardenas, Admin. Services Director Approved - Jul 10 2025 Laura Snideman, City of Calistoga | City Manager Approved - Jul 11 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Jul 14 2025 Item #8.1.
4925-5384-9937 v2
RESOLUTION NO. 2025-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA,
COUNTY OF NAPA, STATE OF CALIFORNIA, AUTHORIZING
THE CITY MANAGER TO EXECUTE AND MAKE MINOR
MODIFICATIONS TO AMENDMENT NO. 4 TO FUNDING AGREEMENT
NO. 842 WITH THE NAPA VALLEY TRANSPORTATION AUTHORITY
(NVTA) TO FUND COMPLETION OF THE CONSTRUCTION OF THE
ST. HELENA TO CALISTOGA VINE TRAIL PROJECT
WHEREAS, in August of 2013, the Napa Valley Transportation Authority (NVTA) and the city adopted the County-Wide Bicycle Plan which included a 47-mile continuous connected bike path known as the Vine Trail (the Trail) from Calistoga to American Canyon with a connection to the Vallejo Ferry Terminal providing an important link to the greater Bay Area; and
WHEREAS, the Calistoga to St. Helena Segment is an 8.4-mile Class I Pathway from Fair Way and Lincoln Avenue in Calistoga to Pratt Ave in St. Helena; and WHEREAS, on September 17, 2019, the City of Calistoga City Council Approved Resolution No. 2019-083 that authorized the City of Calistoga to enter into City of Calistoga Agreement No. 842 (“Funding Agreement No. 842”) whereby the City of Calistoga contributed a total of $242,000 over two fiscal years for design/environmental/permitting costs; and
WHEREAS, as part of Funding Agreement No. 842, there is a clause that stated any funding shortfalls the project incurred may require additional funding; and WHEREAS, on January 17, 2023, the City of Calistoga City Council Approved Amendment No. 1 to Funding Agreement No. 842 authorizing a budget adjustment in the amount of $79,250; and
WHEREAS, on August 15, 2023, the City of Calistoga City Council authorized Resolution No. 2023-060 approving Amendment No. 2 to Funding Agreement No. 842 to provide for the transfer of $133,000 and to authorize that those funds be used for additional construction contract costs arising from underground utility conflicts and winter weather delays; and
WHEREAS, on April 30, 2024, the City of Calistoga City Council authorized Amendment No. 3 to Funding Agreement No. 842 to provide for the transfer of $140,000 and to authorize that those funds be used for unforeseen construction costs associated with additional underground utility conflicts and delays from a concurrent utility project to support the completion of the project construction; and Item #8.1.
4925-5384-9937 v2
WHEREAS, the parties desire to amend Funding Agreement No. 842 to increase the City’s previous commitment by $361,000 for a total funding commitment of $955,250 to be used to reimburse NVTA for settling a contractor claim related to utility conflict delays and resolving construction issues realized prior to substantial completion; and WHEREAS, NVTA has submitted a claim to PG&E that has not yet been finalized. If PG&E finds merit in the claim, any reimbursement received will be refunded to Calistoga according to the funding share of 19%; and WHEREAS, Calistoga’s total project cost including construction and design/permitting is $955,250 (including the additional $361,000 funding commitment amount); and
WHEREAS, the City benefitted from the basically free design and permitting costs (approximately $321,250) and from the safer connection for bike and pedestrians between cities and covered more than half of there class 1 bike required funds for Measure T/U compliance.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Calistoga does hereby:
1. Authorize the City Manager to execute Amendment No. 4 to Funding Agreement No. 842 with the Napa Valley Transportation Authority, in substantially the form attached hereto, subject to minor modifications approved by the City Manager.
2. Authorize the City Manager to execute any other documents necessary to effectuate and/or implement Amendment No. 4 to Funding Agreement No. 842 with the Napa Valley Transportation Authority
3. Authorize the Finance Director to issue payment in the amount of $361,000 from CIP Fairway Path (Vine Trail), Account No. 01-5521-4915 before September 15, 2025
PASSED, APPROVED AND ADOPTED by the City Council of the City of Calistoga at a regular meeting thereof held this 22nd day of July , 2025 by the following vote.
Item #8.1.
4925-5384-9937 v2
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
Yudiana Galvan, City Clerk Donald Williams, Mayor
Item #8.1.
4938-9301-2561 v2
NAPA VALLEY TRANSPORTATION AUTHORITY AGREEMENT NO. 19-10 CITY OF CALISTOGA AGREEMENT NO.842
AMENDMENT NO. 4 FUNDING AGREEMENT
THIS AMENDMENT NO. 4 TO NAPA VALLEY TRANSPORTATION AUTHORITY AGREEMENT NO. 19-10 AND CITY OF CALISTOGA AGREEMENT NO. 842 ("Agreement") is made and entered into as of this ____ day of ______________, 2025, by and between the NAPA VALLEY TRANSPORTATION AUTHORITY (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 herein as the “Parties”);
RECITALS
WHEREAS, on September 17, 2019, the Parties entered into an Agreement whereby the CITY agreed to provide financial support of the construction of the Vine Trail segment from Calistoga to St. Helena (“Project”) upon the meeting of certain conditions precedent; and
WHEREAS, on January 17, 2023, the City of Calistoga City Council authorized approving Amendment No. 1 to the Agreement to provide for the transfer of $79,250 and to authorize that those funds be used for the completion of the project design and engineering phase to allow the project to go out to bid; and WHEREAS, on August 15, 2023, the City of Calistoga City Council authorized approving Amendment No. 2 to the Agreement to provide for the transfer of $133,000 and to authorize the use of those funds for additional construction contract costs arising from underground utility conflicts and winter weather delays; and WHEREAS, on April 30, 2024, the City of Calistoga Council authorized Amendment No. 3 to the Agreement to provide for the transfer of $140,000 and to authorize the use of those funds for unforeseen construction costs associated with additional underground utility conflicts and delays from a concurrent utility project to support the completion of the project construction; and Item #8.1.
4938-9301-2561 v2
WHEREAS, on September 18, 2024, the NVTA Board of Directors authorized $1,900,000 in additional construction funding for the Project to settle a contractor claim related to utility conflict delays and resolve final construction issues; and WHEREAS, in December 2024, NVTA committed an additional $420,000 of Regional Measure 3 funding to the Project to complete punch list items, address storm damage, and resolve final construction costs, with the understanding that NVTA will pay the $420,000 if Pacific Gas and Electric does not reimburse any portion of NVTA’s claim against them.
WHEREAS, the CITY expressed a commitment to NVTA to share these additional costs in accordance with the previously agreed cost share of 19% in the 2025-2026 fiscal year; and
WHEREAS, the parties desire to amend the Agreement to increase the CITY’s previous commitments by $361,000 for a total CITY funding commitment of $955,250 and to authorize that those funds be used to reimburse NVTA for settling a contractor claim related to utility conflict delays and resolving construction issues realized prior to substantial completion; and
NOW, THEREFORE, the NVTA and the CITY agree to amend the Agreement as follows:
TERMS
1. Section 3(g) is hereby added to the Agreement is amended to read in full as follows:
3. Payment of Funds. Funding for the Project shall be paid to NVTA as follows:
a. By June 30, 2020, the CITY shall make one (1) a total payment to NVTA of ONE HUNDRED FOUR THOUSAND DOLLARS ($104,000) no later than the execution of the design, engineering and environmental contract agreement.
b. By June 30, 2021, the CITY shall make one (1) lump sum payment to NVTA for ONE HUNDRED THIRTY EIGHT THOUSAND DOLLARS
($138,000) after the full execution of the final design, engineering and environmental contract agreement.
c. By June 30, 2023 the CITY shall make (1) lump sum payment to NVTA for FIFTY FOUR THOUSAND AND FIFTY DOLLARS ($54,050) upon the full execution of the Caltrans Cooperative Agreement.
d. By June 30, 2023 the CITY shall make (1) lump sum payment to NVTA for TWENTY FIVE THOUSAND TWO HUNDRED DOLLARS ($25,200)
Item #8.1.
4938-9301-2561 v2
upon completion of the Plans, Specifications and Estimates (PS&E) phase.
e. By September 21, 2023 the CITY shall make (1) lump sum payment to NVTA for ONE HUNDRED THIRTY THREE THOUSAND DOLLARS
($133,000) upon NVTA Board action authorizing addition construction contract contingency funding for the project.
f. By April 1, 2024 the CITY shall make (1) lump sum payment to NVTA for ONE HUNDRED FORTY THOUSAND DOLLARS ($140,000) following NVTA Board action authorizing additional construction contract contingency funding for the project.
g. By August 15, 2025, the CITY shall make one (1) lump sum payment to NVTA for THREE HUNDRED SIXTY-ONE THOUSAND DOLLARS
($361,000).
h. NVTA will use allocated funding as well as local support to fund the Project.
i. Future Funding Shortfall Commitment. CITY understands that the costs to complete the Project are preliminary estimates and recognize that completion of the Project by NVTA may require additional funding. In the event that there are funding shortfalls, CITY agrees to work cooperatively with NVTA and other partners and identify and provide additional funding to reimburse NVTA for any reasonable Project funding shortfalls.
2. Except as set forth above, the terms and condition of the Agreement and prior amendments shall remain in full force and effect as previously approved.
IN WITNESS WHEREOF, the duly authorized representatives of the parties to this Agreement have executed it as of the date first above written.
CITY NVTA
By:____________________________ By: ___________________________ LAURA SNIDEMAN, City Manager Danielle Schmitz, Executive Director ATTEST: ATTEST:
By:____________________________ By:_____________________________ YUDIANA GALVAN, City Clerk LAURA. SANDERLIN
Item #8.1.
4938-9301-2561 v2
Secretary of the Board
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: ____________________________ By: ___________________________ MICHELLE KENYON, City Attorney OSMAN MUFTI, NVTA Counsel Item #8.1.
4938-9301-2561 v2
EXHIBIT A
ST. HELENA
Item #8.1.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Laura Snideman, City of Calistoga | City Manager
Meeting: City Council - Jul 22 2025
Subject: City Council Civic Operating Agreements - Revision to Vice Mayor Selection DESCRIPTION:
City Council Civic Operating Agreements - Revision to Vice Mayor Selection RECOMMENDATION:
By motion adopt the revised City Council Civic Operating Agreements modifying the Vice Mayor appointment process.
SUMMARY:
During the June 24 city council meeting the council directed a change to their Civic Operating Agreements to modify the Vice Mayor selection process. Section 3 has been modified to ensure an annual rotation of councilmembers to serve as Vice Mayor. The relevant section now reads:
3.2 Vice Mayor Appointment
Effective January 1 of each year, the position of Vice Mayor shall rotate annually among the four councilmembers. The intent of this rotation is to ensure each councilmember an opportunity to serve as Vice Mayor at least once during a full four-year term of elected office.
The rotation shall follow a predetermined order based on the longest length of continuous service. In cases where two or more councilmembers share the same length of continuous service, the order shall be determined alphabetically by first name, starting with the letter closest to “A.” If multiple first names begin with the same letter, subsequent letters shall be used to determine the order.
If a council vacancy occurs and a new councilmember is appointed or elected to fill a partial term of office, the new councilmember’s personal length of continuous service shall be used to determine their position in the rotational sequence.
Any councilmember scheduled to serve as Vice Mayor may voluntarily decline the role. In such cases, the next eligible councilmember in the rotation shall be offered the position. The declining councilmember shall remain in the rotational order and may be offered the role again in the future. Under normal circumstances, this offer would be made in another four years should the person continue serving on the city council.
Item #8.2.
If the Vice Mayor position becomes vacant mid-term for any reason, the next eligible member in the rotation shall assume the role and serve both the remainder of the current term and their subsequent full term beginning the following January 1st.
In addition, the above section now follows the section describing the role of Mayor and Vice Mayor (unchanged except for reversing the order of the sections.) The entire updated document is attached for reference.
FINANCIAL IMPACT:
Minor staff time and direct costs to annually update various documents (agenda templates, city letterhead, website, regional directories, etc.) and/or supplies (name badges and name plates, etc.) will be covered under the existing budget.
CEQA STATUS:
N/A
ATTACHMENT(S):
Calistoga Civic Operating Agreements 2025
APPROVAL(S):
Connie Cardenas, Admin. Services Director Approved - Jul 10 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Jul 10 2025 Item #8.2.
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1 City of Calistoga
CITY COUNCIL CIVIC OPERATING AGREEMENTS
July 2025
Section TABLE OF CONTENTS Page
1. AUTHORITY .............................................................................................................. 3
2. ROLE OF CITY COUNCIL ........................................................................................ 3
2.1 Responsibilities ................................................................................................... 3
2.2 Considerations .................................................................................................... 4
2.3 Fiscal Authority …................................................................................................ 4
2.4 Civility ................................................................................................................. 4
3. COUNCIL OFFICERS .............................................................................................. 4
3.1 Role of Mayor and Vice Mayor............................................................................ 4
3.2 Vice Mayor Appointment.……............................................................................. 4
4. COUNCIL APPOINTMENTS ................................................................................... 5
4.1 City Manager and City Attorney ......................................................................... 5
4.2 Councilmember Appointments ........................................................................... 5
4.3 Ad Hoc Committees ........................................................................................... 6
5. MEETINGS .............................................................................................................. 6
5.1 Meeting Dates and Times .................................................................................. 6
5.2 Closed Sessions ................................................................................................ 7
5.3 Special Meetings ............................................................................................... 7
5.4 Quorum ............................................................................................................. 7
5.5 Teleconferencing .............................................................................................. 7
5.6 Adjournment ..................................................................................................... 7
5.7 Minutes of Proceedings .................................................................................... 8
5.8 Attendance ....................................................................................................... 8
5.9 Recording of Meetings ..................................................................................... 8
5.10 Avoiding Brown Act Violations ....................................................................... 8
6. AGENDA ............................................................................................................... 8
6.1 Order of Business ............................................................................................ 8
6.2 Preparation of the Agenda .............................................................................. 10
6.3 Agenda Materials ............................................................................................ 11
6.4 Agenda Posting ............................................................................................... 11
7. PUBLIC PARTICIPATION .................................................................................... 12
7.1 Safety and Order ............................................................................................. 12
7.2 Addressing the Council ................................................................................... 12
7.3 Conduct of Speakers ....................................................................................... 13
7.4 Written Communications ................................................................................. 13 Item #8.2.
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2 Section TABLE OF CONTENTS Page
8. PUBLIC HEARINGS ............................................................................................... 14
8.1 Ex-Parte Communications ................................................................................. 14
8.2 Procedures ........................................................................................................ 14
8.3 Absence During Public Hearing ........................................................................ 15
9. MEETING RULES OF CONDUCT ........................................................................... 15
9.1 Presiding Officer ................................................................................................ 15
9.2 Actions Limited to Posted Agenda .................................................................... 15
9.3 Continuance of an Item ..................................................................................... 15
9.4 Standards of Decorum ....................................................................................... 15
9.5 Debate ............................................................................................................... 16
10. ADMINISTRATIVE MATTERS ................................................................................ 18
10.1 Correspondence .............................................................................................. 18
10.2 Communications with the Public ..................................................................... 19
10.3 Relations with Staff ......................................................................................... 19
11.FAILURE TO OBSERVE CIVIC OPERATING AGREEMENTS ............................ 19
12.AMENDMENT OR SUSPENSION OF THESE CIVIC OPERATING
AGREEMENTS....................................................................................................... 20
12.1 Amendment of Operating Procedures............................................................. 20
12.2 Suspension of Operating Procedures ............................................................ 20 Item #8.2.
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3 1. AUTHORITY
The City Council has established these Civic Operating Agreements to provide for continuity of responsibility in the City Council’s decision-making process and to allow sufficient time and opportunity for full consideration and public discussion of important issues which the City Council must review and decide. Adopting Civic Operating Agreements that establish rules for matters such as the election of Council Officers (Mayor and Vice Mayor) and the manner of conducting City Council meetings facilitates these goals.
The following provisions will be in effect upon their adoption by the City Council and until such time as they are amended, or new provisions are adopted in the manner provided by these Civic Operating Agreements.
2. ROLE OF CITY COUNCIL
The City Council is the highest-level decision-making body for the City of Calistoga. In performing its duties, the Council represents all Calistoga citizens.
In executing its duties, the City Council examines a variety of considerations, such as the needs and desires of the community, financial, legal, health, environment, and safety impacts. The City Council welcomes new ideas and innovative approaches, as appropriate, and aims to provide frequent and clear communications and transparency on its activities and decision making. Furthermore, the members of the City Council treat each other, staff, and other parties with dignity and respect.
2.1 Responsibilities
The City Council’s responsibilities include following types of considerations:
a. Prior to making decisions, performs appropriate diligence in consideration of the topic; b. Communicates with residents as appropriate to receive comment from and provide information to residents.
c. Develops policies that guide the City Manager in her/his management of the City, taking into consideration the value of promoting efficiency and effectiveness in operations while maintaining a reasonable level of service;
d. Develops Calistoga’s annual goals for each calendar year, and monitors those annual and multi-year goals, reporting progress and achievement of those goals to the City at mid-year and year-end;
e. Reviews and revises as necessary, and approves the annual Operating and Capital Improvement Program budgets as prepared by the City Manager by July 1 of each calendar year;
f. Faithful application of Calistoga’s Approved General Plan and Municipal Code and enacts revisions to the General Plan and Municipal Code as needed; g. Reviews and approves/denies/revises Ordinances, Resolutions, community planning decisions and Minutes;
h. Recruits, hires, and/or terminates the City Manager as necessary, and conducts an annual City Manager performance review as set forth in Section 4.1; i. Recruits, hires, and/or terminates the City Attorney as necessary, and conducts an annual City Attorney performance review as set forth in Section 4.1; Item #8.2.
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4 2.2 Considerations
The Council considers any matter it deems relevant, material, and/or helpful in performing its duties, such as:
a. Consistency with the City Council’s annual and multi-year goals and priorities; b. Consistency with the Council’s projects as established at its annual workshop/budget process, subject to change by the full city council if new projects are proposed throughout the year;
c. Consistency with the Calistoga General Plan and Municipal Code and all applicable laws;
d. Comment provided by applicants, citizens, staff and other stakeholders on each issue; e. Availability of City funds if needed, and impact on the City’s financial health; f. Availability of required City resources, especially personnel; g. The City’s resilience and tolerance for risk, and the potential impacts of safety, environmental, commercial and operational activities.
2.3 Fiscal/Negotiating Authority
Only a quorum or more of the City Council, in a duly noticed meeting, may provide direction to the City Manager regarding budget, authorize expenditures, and approve agreements and contracts. No individual Councilmember, subcommittee or ad hoc committee shall have any authority to do any of the following on behalf of the City unless expressly granted that authority by the City Council:
a. expend (or authorize the expenditure of) funds, or
b. negotiate or approve the drafting or execution of agreements, contracts or Memorandums of Understanding.
2.4 Civility
City Councilmembers will conduct themselves in an appropriate, polite, respectful and civil manner when dealing with each other, staff and all parties. Except as otherwise set forth in these Civic Operating Agreements, City Council meetings will be governed by Rosenberg’s Rules of Order for the purpose of maintaining proper decorum and order during meetings.
3. COUNCIL OFFICERS
3.1 Role of Mayor and Vice Mayor
The Mayor will be recognized as the official head of the City for all ceremonial purposes. The Mayor presides over Council meetings and ensures sufficiently broad and in-depth communications on agenda items. The Vice Mayor will serve all functions of the Mayor when the Mayor is unable or unavailable to fulfill those functions.
3.2 Vice Mayor Appointment
Effective January 1 of each year, the position of Vice Mayor shall rotate annually among the four councilmembers. The intent of this rotation is to ensure each councilmember an opportunity to serve as Vice Mayor at least once during a full four-year term of elected office.
The rotation shall follow a predetermined order based on the longest length of continuous service. In cases where two or more councilmembers share the same length of continuous service, the order shall be determined alphabetically by first name, starting with the letter closest to “A.” If multiple first names begin with the same letter, subsequent letters shall be used to determine the order.
Item #8.2.
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5 If a council vacancy occurs and a new councilmember is appointed or elected to fill a partial term of office, the new councilmember’s personal length of continuous service shall be used to determine their position in the rotational sequence.
Any councilmember scheduled to serve as Vice Mayor may voluntarily decline the role. In such cases, the next eligible councilmember in the rotation shall be offered the position. The declining councilmember shall remain in the rotational order and may be offered the role again in the future. Under normal circumstances, this offer would be made in another four years should the person continue serving on the city council.
If the Vice Mayor position becomes vacant mid-term for any reason, the next eligible member in the rotation shall assume the role and serve both the remainder of the current term and their subsequent full term beginning the following January 1st.
4. COUNCIL APPOINTMENTS
4.1 City Manager and City Attorney
The City Council shall appoint the City Manager in accordance with Calistoga Municipal Code Section 2.08.010 and approve the employment contract and any amendments. The City Council will evaluate the City Manager’s performance at least annually, and additionally as may be agreed upon by the City Council and the City Manager. As part of each evaluation, the City Council and City Manager will agree upon goals and objectives for the City Manager’s performance for the following one to two years. or as otherwise determined by the City Council and the City Manager.
The City Manager’s responsibilities are set forth in Calistoga Municipal Code Section 2.08.070, including without limitation:
a. managing the day-to-day operations of the City,
b. developing and presenting the annual budget,
c. executing the direction, goals and priorities adopted by and approved by the City Council,
d. has principal responsibility for all official communications from the City to the public, e. directs City staff in the performance of their duties, and f. other duties as assigned by the City Council during duly noticed meetings.
Councilmembers may ask informational questions from city staff. Councilmembers shall in no way direct or influence staff action or speak on behalf of the entire City Council. This section applies to Councilmembers and does not prevent staff members from addressing a Councilmember.
The City Council shall appoint and approve the contract for City Attorney Services and make any amendments and will review the City Attorney’s performance as needed. The Council and Councilmembers may interface with the City Attorney through the City Manager, and directly with the City Attorney on an as needed basis.
4.2 Councilmember Appointments
As soon as practicable following the annual reorganization meeting, the Mayor will announce the Mayor’s nominations of Councilmembers to represent the City on entities requiring a Council representative. The nominations will be noticed at a regular City Council meeting. At any time of the year, by a majority vote, the City Council may create additional commissions, Item #8.2.
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6 committees, or other groups to advise the council after establishing the purview and desired outcome of the advisory body and identifying the necessary resources to support the newly created body.
4.3 Ad Hoc Committees
From time to time, the City Council may create Ad Hoc committees. These committees are temporary committees, generally 18 months or less, established by the Council to address a specific issue and bring a recommendation to the Council as a whole.
Ad Hoc committees generally automatically dissolve once the assigned project has been completed. Membership of an Ad Hoc committee is at the discretion of the Council and must contain less than a quorum of Councilmembers.
The Council will provide direction at the time of creation of Ad Hoc committees to identify the composition, scope of authority, duties, expected output, report-back schedule, term, staff liaison and budget (if any) of the Ad Hoc committee.
Councilmembers may also want to discuss methods for Ad Hoc committees to report back to the City Council on their progress. No Ad Hoc committee will operate outside the original scope of authority granted at its creation, except upon a formal vote of approval by the City Council during a duly noticed meeting.
5. MEETINGS
The City Council is subject to the Ralph M. Brown Act Open Meetings Law (“Brown Act”) (Government Code Section 54950 et seq). All meetings of the City Council are open to the public, except for Closed Sessions which are authorized to be held in private under the Brown Act.
To the extent possible, Councilmembers will contact the City Manager with questions about Council meeting items after reviewing the Agenda Packet and at least 24 hours in advance of the meeting, so she/he can prepare appropriate responses.
5.1 Meeting Dates and Times
5.1.1 Dates
Regular meetings will be established annually by the City Council by resolution. Once meeting dates are established, meetings may be canceled by a majority vote of the City Council or due to a lack of agenda items or a quorum, as determined by the Mayor and/or City Manager. If a meeting is cancelled due to lack of agenda items or a quorum, the meeting will be publicly noticed as to the reason for the cancellation.
Special meetings or continued meetings may be called by the Mayor, City Manager. or a majority of the Council. If the meeting date should fall on a legal holiday, the Council may cancel the meeting or reschedule for an alternate date and time designated by the Council. All meetings of the City Council (except Closed Sessions) shall be open to the public.
5.1.2 Starting Time and Location
All Regular meetings will begin at 6:00 p.m. Meetings may be preceded or followed by Special meetings, including Closed Sessions.
Item #8.2.
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7 5.1.3 Ending Time
Unless otherwise adjourned, all meetings of the City Council will automatically be adjourned at 9:00 p.m., except that a majority vote of the City Council may extend the automatic adjournment to 9:30 p.m. Adjournment of the meeting may be further postponed after 9:30 p.m. only by unanimous consent to adjourn not later than a specified time. More than one such unanimous postponement of adjournment may be adopted.
5.2 Closed Sessions
A Closed Session may be held before, during, or after any Regular or Special meeting for any purpose authorized by the Brown Act, and must be noticed at least twenty-four (24) hours in advance, also as authorized by the Brown Act. It is a violation of the Brown Act and the City Council’s Civic Operating Agreements to disclose information obtained or presented in anticipation of or during a Closed Session, which shall be confidential. Public comment will be received in open session prior to a closed session.
5.3 Special Meetings
Special meetings may be called by the Mayor, a majority of the Councilmembers, the City Manager or the City Attorney. The call for a Special meeting must specify the day, hour, and place and the subject(s) to be considered. Twenty-four hours’ notice must be given prior to a Special meeting, and the agenda for the Special meeting must be made available to members of the public consistent with the requirements of the Brown Act. Only matters specified in the notice may be discussed at Special meetings. The public will be given an opportunity to address the Council before or during consideration of any matter described in the notice for the Special meeting.
5.4 Quorum
A quorum of Councilmembers must exist for the City Council to conduct business. Three (3) members of the Council shall constitute a quorum. In the event a quorum is not in attendance within 30 minutes after the time noticed for commencement of the meeting, no meeting will be held on the noticed date, and the noticed meeting will adjourn to the next Regular meeting or to a later set date, at a time and place declared by the City Clerk.
5.5 Teleconferencing
Teleconferencing during City Council meetings to conduct noticed agenda topics and to allow Councilmembers who wish to participate from a remote location will be permitted in accordance with the procedures set out in Government Code Section 54953(b), as amended.
The teleconferencing location will be placed on the agenda and noticed and posted at the site at least 72 hours in advance of said meeting. The public is welcome to attend and participate in the meeting at the site. The City may elect to follow modified teleconferencing procedures as authorized by existing state law which apply during a declared emergency, and based on future adopted state legislation. The public will be informed of all such modified teleconferencing procedures, and the duration the procedures remain in effect.
5.6 Adjournment
The Council may adjourn any Regular, Adjourned Regular, Special or Adjourned Special meeting to a time and place specified in the order of adjournment, and in accordance with Rosenberg’s Rules of Order. If all Councilmembers are absent from any Regular or Adjourned Regular meeting, the City Clerk may declare the meeting adjourned to a stated date, time and place. The City Clerk shall post a copy of the order or notice of adjournment at City offices and other places designated by the Council as required by law.
Item #8.2.
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8 Whenever a Regular or Adjourned Regular meeting is adjourned as provided in this section, the resulting Adjourned Regular meeting is a Regular meeting for all purposes. When an Order of Adjournment of any meeting fails to state the hour at which the adjourned meeting will be held, it will be held at the hour specified for Regular meetings.
5.7 Minutes of Proceedings
Action minutes of all public proceedings of the City Council shall be recorded by the City Clerk and entered into City records as official meeting minutes following approval by the Council, and shall thereafter be kept, published, and or distributed in compliance with State law and applicable City policy.
5.8 Councilmember Attendance
Councilmembers are encouraged to inform the City Clerk when they are unable to attend an upcoming meeting.
5.9 Recording of Meetings
All Regular meetings of the City Council will, to the extent feasible, be recorded by electronic recording device and streamed live during the meeting. The recording will be made by the City Clerk and retained in accordance with the City’s records retention schedule. The City Clerk will post the electronic recording of meetings, as available, on the City’s website.
The use of other recording, videotaping or television equipment by members of the audience is permitted from the back row of the Council Chambers or side aisles against each wall of the Council Chambers, as designated by City staff, in a manner so as not to obstruct the view of the presenters and/or members of the public in attendance, or create consistent noise or illumination that would constitute a persistent disruption of the proceedings. The City Council may further restrict or prohibit the recording of proceedings upon a finding by the Council that the recording cannot continue without noise, illumination, or obstruction of view that constitutes a persistent disruption of the proceedings.
5.10 Avoiding Brown Act Violations
Relating to Meeting Attendance
Members of the Council shall comply fully with the requirements of the Brown Act, including those in Government Code Section 54952.2 to avoid potential violations relating to attendance at meetings such as conferences; meetings conducted by City staff/consultants; meetings presented by organizations other than the City; and meetings of other legislative bodies.
6. AGENDA
6.1 Order of Business
The business for a Regular meeting will generally be shown on the Agenda in the following order and may be modified by either the Mayor or City Manager when circumstances warrant a one-time change:
6.1.1 Call to Order/Roll Call/Pledge of Allegiance and Optional Patriotic Activity The Mayor may determine the Patriotic Activity.
6.1.2 Report from Closed Session (if any)
Item #8.2.
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9 6.1.3 Public Comments and Suggestions
This item is intended to permit the public an opportunity to advise the Council of items of interest in the community. The Council will consider brief comments from the audience on items that are not listed on the Agenda. The Council cannot discuss details or vote on issues raised that are not agenda items. Any concerns may be referred to staff or placed on a future agenda (as set forth in Section in 6.1.12).
6.1.4 Adoption of Meeting Agenda
The Council, by majority vote, will adopt the Agenda as final before proceeding to the consideration of the first matter. Following adoption, Agenda items may not be added or removed, or their order changed unless by consent of three (3) or more of the members of the Council present at the time the Agenda was adopted as final. An Agenda item not considered or completed for lack of time will become an Agenda item at the following meeting unless the item is expressly continued to another time.
6.1.5 City Manager’s Report
The City Manager will use this section of the Agenda to provide brief reports on activities undertaken in her/his official capacity since the last scheduled Council Meeting and other items of significant interest to the Calistoga community.
6.1.6 Proclamations/Presentations/Awards
These items include presentations by staff, community members, or organizations as well as recognition of individuals, groups and events of significance by proclamation, award or other action of the City Council. These items are placed on the agenda by the City Manager, and may be placed on the agenda at the direction of the Mayor and/or a quorum of the City Council, and in the manner described in Section 6.1.12 below.
The Mayor or City Manager have discretion regarding scheduling of presentations, proclamations and awards. Presentations are limited to five (5) minutes per topic, with an up to five (5) minute extension if requested in advance. Councilmembers may utilize up to an additional ten (10) minutes for questions. No single presentation, including questions will extend beyond a total of twenty (20) minutes. The City Clerk will be responsible for time management of presentations during the meeting.
6.1.7 Adoption of Consent Calendar
a. The Council may adopt a Consent Calendar as part of the regular meeting Agenda. A Consent Calendar consists of items of a non-controversial and/or routine nature submitted by the City Manager. The City Manager will propose specific action on each Consent Calendar item and her/his recommendation will become the action of the Council upon adoption of the Consent Calendar. Consent Calendar items are adopted in total and under one (1) motion by the Council and are not subject to individual debate and discussion.
b. Consideration of Consent Items Removed for Discussion Any member of the City Council may remove a Consent Agenda item therefrom for consideration and discussion by the Council. The removed item will be placed on the regular Agenda and recorded in the Minutes under “Consideration of Consent Items Removed for Discussion.” Item #8.2.
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10 6.1.8 Public Hearings
The Public Hearings section of the Agenda is for official public hearings required by law or for which a hearing would be in the public interest. See Section 8 for information about conducting a Public Hearing.
6.1.9 Ordinances, Resolutions and Requests for Action
Ordinances, Resolutions and Requests for Action subject to City Council approval usually will be placed in this section of the Agenda. Occasionally, Resolutions and the first reading of Ordinances are placed under Public Hearings. When this is the case, the Council will consider these matters where appropriate.
6.1.10 General Government
Items presented under this section may require direction from City Council for formal consideration of the items at a future City Council meeting. Items under this heading are not considered for action.
6.1.11 Study Sessions
No formal action may be taken by the City Council concerning any study session agenda item other than to agree to, or to direct staff to, present the item on the regular agenda of a subsequent meeting. Any request for an agenda item which does not specifically include a description of the action of the item desired will be calendared as a study session item.
6.1.12 Council Reports
Any member of the City Council may deliver a report about a topic of interest or request that a matter be placed on the agenda of the City Council by making a request to the City Manager or the City Council, indicating her/his desire to have that item placed on a future City Council agenda. The sponsoring Councilmember will briefly deliver her/his report, or describe the subject sufficiently to inform the City Council and public of the nature of the request.
Should the Councilmember or City Manager seek the direction of the full city council, the City Council shall consider the request to place an item on a future agenda during a regular city council meeting. Staff reports shall not be prepared on Council member requested items until City Council discussion has occurred and direction to take up the matter has been provided by the City Council. No discussion of the subject or merits of the proposed agenda item may occur in connection with the request to add an item to the agenda, except to explain the general nature of the item. Future agenda items will be placed on an agenda as soon as reasonably feasible as determined by the City Manager in consultation with the Mayor.
Any member of the public may request during public comment or by prior correspondence with a Council Member, that the City Council consider an item on a future agenda. Any individual City Council member may then follow the procedures set forth above if the City Council desires to consider the request.
6.2 Preparation of the Agenda
Item #8.2.
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11 The City Manager and City Clerk, in consultation with the Mayor as necessary, will prepare the City Council meeting Agenda, sequence of Agenda items and other procedural matters.
Except as set forth in Section 6.1.4, this provision does not empower a Mayor to add any item to the Agenda without complying with the process described in Section 6.1.12. Items proposed for inclusion on the Agenda by anyone other than the City Manager or the City Council pursuant to Section 6.1.12 must be submitted to the City Manager and City Clerk in writing eleven (11) days preceding the regular meeting for consideration.
6.3 Agenda Materials
A staff report will be prepared for each Agenda item except in unusual circumstances or unless otherwise directed by the City Council. Attached to the staff report will be documents received by or developed by staff that are pertinent to the staff report.
Members of the public and other interested parties (i.e., developers) may submit documents related to an Agenda item to the City Clerk. Such documents will be included in the Agenda materials if they are received in time for inclusion in the packet.
Councilmembers will refrain from attempting to submit documents (or having relatives or other parties with potential and/or perceived conflicts of interest submit documents) to the City Clerk or City Manager for inclusion in the Agenda packet.
To facilitate the efficient progression of the City Council through the Agenda, and to maintain a clear distinction between Staff presentations and recommendations and individual Councilmember opinions, during the staff presentation of a staff report Councilmembers will not utilize the City’s technological infrastructure to broadcast or present materials on a display screen to either the City Council or the public except during the discussion period for an agenda item.
Late correspondence pertaining to an agenda item received after the Agenda packet has been distributed, but before 5:00 p.m. on Council meeting day, will be copied and presented to the Council and the public at the meeting, if practicable.
Councilmembers will refrain from circulating or causing to be circulated to more than one (1) other Councilmember any written or recorded information relating to any agenda item before that agenda item is publicly heard at a Council meeting, though such information may be distributed during the discussion period for such item.
The only exception to this rule is for communications received by a Councilmember from residents not serving on the City Council, which may be forwarded to the City Clerk (without amendment) for circulation to the rest of the City Council. For clarity, this prohibition also precludes City Councilmembers from drafting and submitting communications regarding an agenda item to the City Clerk or City Manager for inclusion in the Agenda packet for a meeting at which the Councilmember will be absent.
Copies of materials distributed by City staff and others at the meeting will be made available to members of the public as soon as practicable. Changes and additions to staff reports and correspondence received will be provided to Councilmembers before the meeting, when possible, and made available to the public at the meeting, when possible.
6.4 Agenda Posting
Item #8.2.
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12 The City Clerk will post the Agenda and Agenda Materials seven (7) calendar days or five (5) business days in advance and no less than 72 hours before a Regular meeting, and at least 24 hours before a Special meeting in the following locations, which are freely accessible to members of the public: Calistoga City offices and Calistoga Library and posted on the City’s website. At the meeting, a public copy will be available for review.
The Agenda Packet will be delivered, no later than the Tuesday preceding each Regular meeting or no later than Wednesday following a Monday holiday, to the Mayor and other Councilmembers and made available to members of the public consistent with the requirements of the Brown Act. The Agenda shall specify the time and location of the meeting and contain a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session.
7. PUBLIC PARTICIPATION
7.1 Safety and Order
When the City Council is in session, all persons present must preserve safety and order and should conduct themselves in a civil manner. Members of the public should sit in the audience seating area, unless addressing the Council or entering or leaving the Council Chambers, should not block the aisles with personal belongings, and should silence audible equipment when in the Council Chambers (including cellular telephones). Members of the public may not enter the open area directly in front of the dais or speak from the audience except when testifying on or participating in an Agenda item.
The audience will conduct themselves with civility and courtesy toward the Council, Staff and other members of the public, and refrain from conduct which is disruptive to the meeting through deed or comment. Disruptions include, although are not limited to, speaking without being recognized by the Presiding Officer, clapping, booing, cheering, jeering, interrupting a speaker with the floor, yelling, physically assaulting another person (or threatening to do so), inciting others to disruptive conduct, and blocking the audience or camera view of the proceedings.
Any person who disrupts the meeting will be called to order by the Presiding Officer. If disruptive conduct continues, the Presiding Officer may request 1) restraint and civil behavior from all members of the public; 2) a short break in the proceedings; or 3) if the member of the public continues to disrupt the proceedings, the removal of the disruptive person from Council Chambers by the Sergeant at Arms.
7.2 Addressing the Council
Only persons who have been recognized and granted permission by the Presiding Officer or a majority of the quorum may address the Council.
A person addressing the Council will be asked, but is not required, to complete a form (a speaker card to the City Clerk) providing her/his name and city of residence in writing as well as stating so orally for the record during their presentation. Each person addressing the Council will do so from the lectern, speaking into the microphone for the record. When speaking from the lectern on an Agenda item, members of the public will address only the Council, and not the audience or staff. A Councilmember, through and at the discretion of the Item #8.2.
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13 Presiding Officer, may request staff to answer questions or address issues raised during public comment.
7.2.1 Public Comments
During the “Public Comments and Suggestions” portion of the meeting, any person may address the Council on an item not on the agenda. Public comment will be allowed during each item on the agenda.
7.2.2 Council Questions
Following the remarks of each speaker upon an agenda item, Councilmembers, through and at the discretion of the Presiding Officer, will have the opportunity to question the speaker. However, the Council will not comment or question a speaker about an item that is not on the Agenda.
7.2.3 Limits
Public participants are encouraged to limit their comments to three (3) minutes. The Presiding Officer may impose strict time limits (including reduced time limits) on persons addressing the Council when appropriate and in the spirit of permitting all present an opportunity to address the Council. In the event a public participant desires to make a presentation which exceeds three (3) minutes, any such speaker must make a formal request in writing to the City Manager prior to the day of the City Council meeting at which the public participant desires to speak.
Whenever any group of persons wishes to address the Council on the same subject matter, the Mayor will have the right to request each such group or each faction of such group to choose a spokesperson to avoid unnecessary repetition. If any such group refuses to choose a spokesperson, the Mayor may limit the total time for public comment on any agenda item to assure that the Council can conclude posted agenda items.
The Presiding Officer will then determine at the time of the City Council meeting how much additional time will be allotted for such presentations and speakers, if any, depending upon the number of requests and number of persons desiring to speak at a meeting.
7.3 Conduct of Speakers
Statements by a member of the public will be related to the Agenda item at hand, except during the Public Comments and Suggestions segment of the meeting. No person will use loud, profane, threatening, or personally abusive language, or engage in any other disorderly conduct to disrupt, disturb, or otherwise impede the orderly conduct of any Council meeting.
Persons who violate this rule may be barred from attendance for the remainder of the Council meeting, provided that the Presiding Officer has notified the person to conduct herself/himself in a manner consistent with this provision, and warned the person that she/he will be removed if she/he continues to disrupt the Council meeting. If after notification and warning the person persists in disrupting the meeting the Presiding Officer will order the person to leave the Council meeting. If the person does not remove herself/himself, the Presiding Officer may request any law enforcement officer who is on duty at the meeting to remove that person from the Council Chamber.
7.4 Written Communications
Item #8.2.
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14 The Council will consider any written communication submitted to the City Manager and/or Mayor at least 24 hours prior to the meeting. Correspondence received sufficiently in advance of a meeting, including communications relating to a specific matter on a Council agenda, will be handled as described in Section 6.3.
8. PUBLIC HEARINGS
8.1 Ex Parte Communications
When a Public Hearing is required for an Agenda item, the Presiding Officer will first ask Councilmembers to disclose on the record material communication (e.g., email, other written correspondence, conversations, and site visits) occurring outside the hearing that relate to the subject of the hearing. Councilmembers will identify with whom she/he had such communications and the general nature of the communication and if a site visit was conducted.
8.2 Procedures
Presentations at public hearings will be in the following order:
8.2.1 Item announced by Presiding Officer and Presiding Officer requests regarding Ex Parte Communications.
8.2.2 Presiding Officer reviews order of procedure for public hearing.
8.2.3 Staff summarizes issue before City Council.
8.2.4 Council asks questions of staff for the purpose of eliciting information relevant or useful to the City Council’s determination of the item at hand.
8.2.5 Presiding Officer opens the Public Hearing
The purpose of this portion of the public hearing is to provide an opportunity for persons interested in the subject of the hearing to testify in support of or opposition to the matter being heard. The order of testimony will be as follows:
a) Applicant, and/or appellant, where appropriate, presents arguments in favor of application or appeal.
b) Statements from persons desiring to speak in support of or opposition to the application or appeal.
c) Applicant and/or appellant offers concluding remarks. d) Questions from the City Council to applicant and/or appellant, and questions from the Council (where appropriate) to the opponent(s) to the application or appeal.
e) Subject to the discretion of the Presiding Officer, the Councilmembers may ask questions of speakers for clarification during the public testimony portion and during deliberations.
8.2.6 Presiding Officer Closes Public Hearing
Following the public portion of the hearing, the Presiding Officer will declare the public portion of the meeting closed.
8.2.7 Council Deliberates
After the Presiding Officer has closed the public comment period of the meeting for that agenda item, the matter will be taken up by the City Council. Each Councilmember will be given an opportunity to speak to the subject. When the Council discussion is concluded, the Council will make its decision.
8.2.8 Council Action by Continuation or Decision
Council may, at this time, continue a matter to a specific future date to obtain additional information. Continuing a public hearing to a specific date does not require additional notice. When the Council discussion is concluded, the Council Item #8.2.
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15 will make its decision and vote on the item making findings of fact as required by law.
8.3 Absence During a Public Hearing
A Councilmember otherwise qualified to vote may not vote on a matter if the Councilmember was absent from all or part of the public hearing on the matter, unless the Councilmember conducts the following actions, and announces the action for the record:
a. reviews the minutes and the staff report or listens to the audiotape of the entire portion of the hearing he/she missed, if the minutes are not available, and b. reviews all physical and written evidence introduced at the hearing before the meeting at which the decision is to be rendered.
9. MEETING RULES OF CONDUCT
9.1 Presiding Officer
The Mayor, or Vice Mayor if the Mayor is absent or unavailable, will act as the Presiding Officer and will preside and call the meeting to order at the hour appointed. In the absence of the Mayor and Vice Mayor, the meeting will be called to order by the City Clerk and those Councilmembers present will proceed to elect a temporary Presiding Officer. The Presiding Officer may move, second, and debate from the Chair, and will not be deprived of any rights and privileges of a Councilmember. The Presiding Officer is responsible for maintaining order during the meeting and for facilitating efficient progression through the agenda by avoiding repetitive debate or the presentation of irrelevant matter.
9.2 Actions Limited to Posted Agenda
The City Council shall only act on an item appearing on the posted Agenda except when there is an emergency, there is a need for immediate action, or the item was posted for a prior meeting less than five (5) days before and was continued, as prescribed more fully in Government Code Section 54954.2.
9.3 Continuance of an Item
An Agenda item may be continued by the City Council by a majority vote.
9.4 Standards of Decorum
When an Agenda item is addressed, the Presiding Officer will first ask for a staff presentation.
Next, the Presiding Officer will ask for clarifying questions from the Council of staff for the purpose of eliciting information relevant or useful to the City Council’s determination of the item at hand. After that, the Council will receive public comment. After public comment, the Presiding Officer will close the public comment portion and open the item for discussion by the Council.
The following additional standards of decorum will apply during every meeting:
9.4.1 Council
While the Council is in session, Councilmembers will preserve order and decorum, and a member will neither (by conversation or otherwise) delay or interrupt the proceedings or the peace of the Council, nor disturb a member while speaking, or refuse to obey the orders of the Presiding Officer.
9.4.2 Use of Electronic Devices
Item #8.2.
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16 While the Council is in session, to satisfy due process requirements, Councilmembers will give their full attention to the proceedings. Councilmembers are permitted to use laptop computers and other electronic devices such as iPads while Council is in session. However, electronic devices may not be used while Council is in session to access the internet or to communicate with residents, staff or other Councilmembers regarding any item on the agenda for that meeting.
9.5 Debate
9.5.1 Right to the Floor
Every Councilmember desiring to speak on an agenda item will refrain from doing so until he/she gains recognition by the Presiding Officer and is given the floor, at which time he/she will confine himself/herself to the question under debate. The Presiding Officer will have the discretion, unless overruled by a majority vote of the City Council present at the meeting, to terminate a Councilmember’s right to the floor upon the Presiding Officer’s determination that doing so is reasonably necessary to enforce the Civic Operating Agreements set forth herein.
9.5.2 Interruptions
A Councilmember, once recognized, will not be interrupted when speaking except to be called to order by the Presiding Officer, unless a point of order has been raised by another Councilmember or unless the speaker chooses to yield to a question by another Councilmember. If a Councilmember, while speaking, is called to order, the Councilmember will cease speaking until the question of order is determined. If determined to be in order, the Councilmember will be permitted to proceed.
9.5.3 Points of Order
The Presiding Officer will determine all points of order subject to the right of any Councilmember to appeal to the Council. If an appeal is taken, the question will be, “Will the decision of the Presiding Officer be sustained?” A majority vote of the Council conclusively determines the question of order.
9.5.4 Result of a Vote
The Presiding Officer will announce the result of the vote. A roll call vote will be taken upon the request of any Councilmember or as legally required. No action shall be taken by secret ballot.
9.5.5 Appeals
Any ruling of the Presiding Officer may be appealed at the request of a Councilmember.
The Presiding Officer will call for a roll call vote to determine if the ruling is upheld.
9.5.6 Precedence of Motions
When a motion is before the Council, no other motion will be entertained except:
a) Motion to Amend
A motion to amend, which modifies the original motion, is in order but is debatable only if it has been accepted by both the maker and seconder of the motion. Amendments are voted on first, and the main motion vote is last. A motion may be amended more than once with each amendment being voted on separately. There will only be one (1) amending motion on the floor at any one time.
Item #8.2.
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17 b) Substitute Motions
A substitute motion is for the purpose of taking out the main motion altogether and replacing it with a new and different motion. A substitute motion must be voted on before an amendment of the main motion. If the substitute motion is adopted the main motion dies and so does any amendment of the main motion.
c) Motion to Postpone
A motion to postpone to a definite time is subject to debate and amendment as it relates to propriety of the postponement and time set. A motion to postpone a public hearing must set a definite date for the hearing. If a motion to postpone indefinitely is adopted, the Agenda item will be carried forward by the City Clerk.
d) Motion to Table
A motion to table is not debatable and not subject to amendment. The purpose of a motion to table is to suspend the item for an indefinite time. If the agenda has been adopted, the motion to table should include a motion to amend the meeting agenda. If a motion to table passes, consideration of the matter during the same meeting may be resumed only upon the motion of a member voting with the majority on the motion to table. e) Motion to Close Debate
When a motion to close debate is made and seconded, there will be no further debate except on whether to close debate. If the question carries, the Presiding Officer will put pending amendments to a vote without debate in the inverse order of their introduction before putting the main question. If the question is decided negatively, the main question and its amendments remain before the Council.
9.5.7 Motions Not Subject to Debate
All motions are debatable except for the following, which will be put to an immediate vote:
a) Motion to adjourn, which requires a simple majority. b) Motion to recess, which requires a simple majority.
c) Motion to table, which requires a simple majority.
d) Motion to limit debate (“I move the question” or “I move to limit debate of this item to __ minutes”).
9.5.8 Reconsideration
Providing that no intervening rights will be prejudiced, a Councilmember who voted with the majority on that question may move the reconsideration of that question at the same meeting in which the original decision was made or at the next following meeting. After a motion for reconsideration is acted upon, no other similar motion regarding the same matter at the same meeting may succeed without unanimous consent.
9.5.9 Conflict of Interest and Bias
A conflict of interest or even the appearance of a conflict of interest can diminish the public’s confidence in the integrity of the governmental process. Therefore, a Councilmember who has a conflict of interest under the Political Reform Act or Government Code §1090 et seq., may not participate in the Agenda item causing the conflict, unless an exception to the conflict exists which allows participation.
Councilmembers should contact the City Attorney for advice if a potential conflict of Item #8.2.
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18 interest may exist, or if there is a question as to whether their participation in a particular agenda item is appropriate.
9.5.10 Protests
Following the success of a motion carried by the majority of the City Council, a dissenting Councilmember will have the right to enter into the public record any additional reasons for dissent or protests the motion which the Councilmember was precluded from articulating during debate on the motion. The Presiding Officer has the discretion to limit a Councilmember’s entry into the public record of reasons for dissent or protests any motion carried by the majority when reasonably necessary to facilitate the efficient progression through the Agenda by avoiding unnecessarily cumulative or repetitive statements or the presentation of irrelevant matter.
9.5.11 Voting
At least three (3) affirmative votes are required to enact an Ordinance, adopt a Resolution, approve a motion granting a franchise or authorizing the payment or expenditure of money or incurring of a debt, amend these Civic Operating Agreements, or place a new matter on a future agenda. The majority of the quorum present at a meeting is required to adopt other motions, except as otherwise indicated herein. A "majority" refers to a majority of the quorum present.
Every Ordinance will be adopted by a roll call vote. All other matters may be referred to a voice vote unless a roll call is requested by a member of the Council or is required by law. On all matters for which a voice vote is authorized, the Presiding Officer may ask for "all those in favor?", or words of similar import. The Presiding Officer will then request for “all those opposed?" The Presiding Officer will report out the results of the vote, and the name of those Councilmembers who opposed the item. If a Councilmember objects to the procedure, a roll call vote will be called in the normal manner and the ayes and noes recorded in the minutes.
9.5.12 Division of the Question
If a matter properly put before the Council contains two (2) or more separable propositions, any Councilmember may, with the consent of one other member of the Council, divide the question into its separable parts for consideration. Separable propositions will mean two separate questions or issues which if acted on together might create ambiguity as to the effect of the vote, and which if acted on separately, contain two or more separate issues or questions.
10. ADMINISTRATIVE MATTERS
10.1 Correspondence
10.1.1 Electronic Correspondence
Councilmembers will use accounts issued to them by the City for all email correspondence regarding City business. Councilmembers will not use accounts issued to them by the City for personal correspondence. Councilmembers may elect to forward (without editorialization) copies of emails they receive from non-Councilmember residents to the City Clerk, who will include such emails in the staff reports for relevant Agenda items as set forth in Section 6.3.
10.1.2 Other Correspondence
Item #8.2.
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19 Written correspondence received by a Councilmember at the City offices by postal service, personal delivery, and messenger service will be opened by staff and handled consistent with the City of Calistoga Records Retention Program, which may require the City to retain a copy. Councilmembers may elect to forward copies of written correspondence they receive to the City Clerk, who will include such correspondence in the staff reports for relevant Agenda items.
10.2 Communications with the Public
The Mayor is the primary spokesperson for the City and City Council. When the Mayor is unavailable, the City Manager and/or the Vice Mayor assume spokesperson duties.
Councilmembers will be clear in their communications with members of the public and the media when the opinions and positions they convey are their own individual positions and must clearly state whether they have been authorized by the Mayor or Council to speak for the Council on any topic of discussion. Councilmembers may wish to utilize a statement such as “This (article, letter) represents my personal opinion and does not reflect the position or policy of the City of Calistoga or the City Council of Calistoga.” In addition to the above, the City Council recognizes that there are inherent risks associated with the wide dissemination of information posted on social media platforms (e.g., Facebook, Nextdoor, and Twitter, etc...) and that Councilmembers have no ability to ensure their posts on social media platforms are understood by everyone in the way they were originally intended to be understood. Given these dangers, Councilmembers are encouraged to limit their posts on social media platforms regarding issues that may come before the City Council to providing relevant logistics or factual information pertaining to such issues.
10.3 Relations with Staff
Councilmembers may ask informational questions from city staff. Councilmembers shall in no way direct or influence staff action or speak on behalf of the entire City Council. The City Manager shall take her/his orders and instructions from the Council as a body only when the Council is sitting in a duly convened meeting, and no individual Councilmember shall give any orders or instructions to the City Manager outside of a City Council meeting, without approval of the City Council. Neither the Council as a whole, nor an individual Councilmember, shall give orders or instructions to subordinates of the City Manager. This section applies to Councilmembers and does not prevent staff members from addressing a Councilmember.
11. FAILURE TO OBSERVE CIVIC OPERATING AGREEMENTS
These Civic Operating Agreements govern the conduct of City Councilmembers and the conduct of meetings. These Civic Operating Agreements are intended to expedite the transaction of the business of the City Council and are deemed to be procedural only. Failure to strictly observe these Civic Operating Agreements will not affect the jurisdiction of the City Council or invalidate any action taken at a meeting that otherwise conforms to law.
The Chief of Police or such member or members of the Police Department as he or she may designate, will be Sergeant-At-Arms of the City Council and will carry out all orders given by the Presiding Officer through the City Manager for the purpose of maintaining order at City Council meetings. Any Councilmember may move to require the Presiding Officer to enforce the rules, and the affirmative vote of a majority of the City Council will require him or her to do so.
Item #8.2.
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20 12. AMENDMENT OR SUSPENSION OF THESE CIVIC OPERATING AGREEMENTS
12.1 Amendment of Civic Operating Agreements
These Civic Operating Agreements may be amended by an affirmative vote of at least three (3) City Councilmembers except as follows:
Where a provision of these Civic Operating Agreements requires action by a specific affirmative vote which is greater than three (3) City Councilmembers, then an amendment to that provision requires the same vote required for that provision.
12.2 Suspension of Civic Operating Agreements
Any provision of these Civic Operating Agreements not required by State law, or the Calistoga Municipal Code may be suspended by a vote of at least three (3) City Councilmembers.
Item #8.2.