Calistoga City Council
March 15, 2022

Mayor
Chris Canning
Vice Mayor
Irais Lopez-Ortega
Councilmembers
Lisa M. Gift
Gary Kraus
Donald Williams
AGENDA
City Council - Regular Meeting
Tuesday, March 15, 2022 - 6:00 PM
Virtual

* COVID-19 NOTICE *

THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 54953 (AS AMENDED BY AB 361) WHICH AUTHORIZES TELECONFERENCED MEETINGS UNDER THE BROWN ACT DURING CERTAIN PROCLAIMED STATES OF EMERGENCY. THE GOVERNOR OF CALIFORNIA PROCLAIMED A STATE OF EMERGENCY RELATED TO COVID-19 ON MARCH 4, 2020.

THIS TELECONFERENCED MEETING IS NECESSARY SO THAT THE CITY CAN CONDUCT ESSENTIAL BUSINESS AND IS PERMITTED UNDER GOVERNMENT CODE 54953 IN ORDER TO PROTECT PUBLIC HEALTH AND SAFETY OF ATTENDEES.

Consistent with Government Code Section 54953, this City Council Meeting will be held via teleconference only, and will not be physically open to the public. Councilmembers and staff will teleconference into the meeting by audio and/or video. The meeting will be conducted via Zoom Webinar.

Below is information on how the public may observe and participate in the meeting. The City recognizes that not all residents have the same ways to stay engaged, so several alternatives are offered.

Please participate in the meeting by observing or listening to the meeting in one of the following ways:

1. Watch on your TV – Napa Valley TV Channel 28 (call your cable provider to ensure you have a City of Calistoga coded cable box)

2. Listen or participate via your phone – dial 1-669-900-6833, enter webinar ID: 829-0729-5419, password: 123201

3. Watch or participate online via Zoom - click this link and enter password: 123201

4. Watch online via YouTube Live at youtube.com/cityofcalistoga COMMENT ON THIS MATTER DURING THE MEETING: Please participate in the meeting by providing public comment on any item on the agenda or any item of municipal concern. To comment during a virtual meeting (Zoom), click the "Raise Your Hand" button to request to speak when Public Comment is being taken on the Agenda item. You will be unmuted when it is your turn to make your comment for up to 3 minutes. After allotted time, you will be re-muted. Instructions for how to "Raise Your Hand" are available at:
https://support.zoom.us/hc/en-us/articles/205566129-Raise-Hand-In-Webinar.

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 4:00 p.m. on the day of the meeting will be posted online with the agenda packet and included in the record but will not be read aloud. Comments received after 4:00 p.m. will be made part of the written record but will not be read verbally at the meeting. The City of Calistoga thanks you in advance for taking all precautions to prevent spreading the COVID-19 virus. Note: The methods of observing or listening to the meeting or providing public comments may be altered or the meeting may be cancelled, if needed, due to certain technical disruptions.

Page

1. CALL TO ORDER – ROLL CALL - SALUTE TO THE FLAG

2. REPORT FROM CLOSED SESSIONS

3. ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS This time is set aside to receive comments from the public regarding matters on the Consent Calendar or matters of municipal concern not on the agenda.

Pursuant to Government Code section 54954.3 (the Brown Act), however, the Council cannot consider any issues or take action on any requests during this comment period. Speakers are encouraged to limit their comments to 3 minutes maximum so that all speakers have an opportunity to address the City Council.

3.1. Item 3 - Public Comments_Redacted 5 - 8

4. ADOPTION OF MEETING AGENDA

5. CITY MANAGER’S REPORT

6. PROCLAMATIONS/PRESENTATIONS/ AWARDS

6.1. Proclamation recognizing March as American Red Cross Month.

6.2. Calistoga Chamber of Commerce presentation on Downtown Revitalization

7. CONSENT CALENDAR

7.1. Approve the Minutes of the Date, 2021 City Council Regular Meeting as submitted.

Recommended Action: Approve Minutes
Item 7.1 - Staff Report & Minutes
9 - 13

7.2. Consider adopting a Resolution Approving the 2022 Parade/Event Schedule and Authorizing the Public Works Department to Apply for Encroachment Permits from Caltrans.

Recommended Action: Adopt Resolution
Item 7.2 - Staff Report & Attachment
14 - 16

7.3. Consider adopting a Resolution authorizing and entering into A Joint Use Agreement (“Agreement”) with the Calistoga Joint Unified School District(“District”) to provide for the use of City-owned or managed public facilities by the District and for the use of District-owned or managed public facilities by the City; and a Schedule and Reimbursement Agreement for use of the Calistoga Community Pool by the Calistoga Joint Unified School District.

Recommended Action: Adopt Resolution
Item 7.3 - Staff Report & Attachments
17 - 39

7.4. Consider adopting a Resolution authorizing the purchase of a 2022 Ford Interceptor 6-cylinder Eco Boost SUV and outfit the patrol vehicle with equipment and markings not to exceed $62,912 and accept the insurance reimbursement of the purchase and outfitting costs minus the $10,000 deductible.

Recommended Action: Adopt Resolution
Item 7.4 - Staff Report & Attachments
40 - 46

7.5. Consider adopting a Resolution authorizing the purchase of the 13 AXON Body Worn Cameras, 13 Evidence.com video storage licenses, and 12 TASER CEWs via a bundle package through Axon Enterprise Inc. The purchase of this safety equipment not to exceed $125,000.

Recommended Action: Adopt Resolution
Item 7.5 - Staff Report & Attachments
47 - 66

7.6. Consider adopting a Resolution Accepting a Donation from Brian Durnian and Darlene Brissard of Calistoga Realty, Margaret Law, Julie Taylor, Mary Givens and Nancy Putney-Abernathy for a Memorial Bench and Approving a Budget Adjustment in the Amount of $4,189.

Recommended Action: Adopt Resolution
Item 7.6 - Staff Report & Attachments
67 - 74

7.7. Consider affirming Resolution 2021-071 findings related to the state of emergency due to COVID-19 authorizing the City Manager to continue implementing teleconference accessibility to conduct public meetings pursuant to Assembly Bill 361.

Recommended Action: Affirm Resolution 2021-071 findings in accordance with the provisions and findings of AB 361 to continue virtual/teleconference meetings of the City Council and City Boards, Commissions, and Committees after September 30, 2021.

Item 7.7 - Staff Report & Attachments
75 - 80

7.8. Consider adopting a Resolution authorizing the City Manager to execute one or more Letters of Intent for a ground lease on City property for the purpose of installing and operating a clean energy microgrid.

Recommended Action: Adopt Resolution
Item 7.8 - Staff Report & Attachments
81 - 90

8. PUBLIC HEARING

8.1. Consideration the appeal of a use permit and design review renewal application for a three-guest unit expansion project and associated onsite improvements at the Aurora Park Cottages located at 1807 Foothill Boulevard (APN 011-290-046). The application was originally approved by Planning Commission on February 26, 2020, with an approval of renewal on February 9, 2022.

Recommended Action: Consider adopting a Resolution denying Appeal AP 2022-2 thereby upholding Planning Commission approval of application UP 2022-1 and DR 2022-1, finding the project categorically exempt from CEQA, and approving Use Permit Application UP 2022-1 and Design Review Application DR 2022-1.
91 - 199

Item 8.1 - Staff Report & Attachments

8.2. ITEM WILL BE CONTINUED TO APRIL 19, 2022 - Draft Housing Element. Staff briefing on Calistoga's 6th Cycle Housing Element Update.

Recommended Action: Continue item to April 19, 2022.

9. GENERAL GOVERNMENT

9.1. Consider adopting a Resolution authorizing a non-routine encroachment permit for an existing 4.5-foot-tall fence on the North Oak Street side of the property located at 1803 Aurora Drive (APN 011-524-002).

Recommended Action: Adopt Resolution
Item 9.1 - Staff Report & Attachments
200 - 209

10. COUNCIL REQUESTS AND IDEAS FOR DISCUSSION

11. 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.

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.

Se les pide por favor que avise con 48 horas de anticipación cuando haga un pedido para asistencia. Esto les da suficiente tiempo antes de la junta para permitir 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 March 8, 2022, by 4:30 p.m.

Marni Rittburg
From:

Sent:

To:

Subject:

Ron Hale
Sunday, March 6, 2022 10:47 AM
Additional Jt"_tinr
Mcetingof ,3 _ 5 ~
ltemN~ j Distributed _3 /to 22.

Public Comment; Chris Canning; Laura Snideman; [email protected]; [email protected]; [email protected]; Calistoga Speedway
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Public Officials,
I have been going to the Calistoga Speedway since 1988. In that time I have probably only missed three races of any kind. The speedway was my first experience with sprint car racing on a 1/2 mile track and I immediately fell in love with the speedway. I am a teacher in Lake County and I took many students over the years to the speedway as a reward for their hard work. I also often took their family members, and the students and family members expressed to me what a great time they had. I've also introduced other friends and family to the speedway over the years and they've all enjoyed the racing and time we shared going racing at the big half-mile.

To me, there is nothing like going downtown and seeing all the race fans walking around with their sprint cart-shirts and hats on. Eating in the local businesses and shopping in the stores. I enjoy helping out the local high school by buying food at the race track concession track.

To say I have fond memories of Calistoga Speedway is a huge understatement. But sadly, these may all be memories, with no new memories to be made if the speedway is closed for good. It would be a real shame if the speedway is closed forever. The speedway, as you know, has a long history. The speedway helps the local economy on race weekends. People come from all over the United States to see races at the track. I really hope that you can all do whatever it takes to keep the track open and bring back the racing that so many hundreds of people have enjoyed, and will continue to enjoy, for many years to come.

Thank you, Ron Hale
1 Item #3.1.

Marni Rittburg
From:

Sent:

To:

Jeffrey Gamsby
Tuesday, March 8, 2022 8:30 AM
Public Comment
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.

I am writing this email to inform those involved in deciding the future of t he Calistoga Speedway. I sincerely believe it would be a mistake to close this beautiful facility.

I am one of many fans that would look forwa rd to the Louie Vermiel Classic, Civil War & SCCT 360s, Wine Country Classic, and the NARC & World of Outlaws 410s.

My group would arrive from Santa Rosa hours early to enjoy the various businesses and grab some lunch at Busters BBQ before heading into the Speedway.

I would consider myself a regular fan at the Petaluma Speedway for the same events. The difference between the two tracks is t he speed excitement that t he 1/2 mile vs 3/8 mile delivers, that is uncomparable.

The location of a small town in the Napa Valley surrounded by majestic mountains makes this one of the most beautiful tracks in the country.

I now reside in Nevada and would not think twice about traveling to Calistoga for future racing events.

Please really consider to keep this awesome facility open for everyone to enjoy. The sprint car racing events around the country are growing in popularity. Keep the Speedway alive!! 1 Item #3.1.

Marni Rittburg
From:

Sent:

To:

Subject:

Tim Lange
Tuesday, March 8, 2022 11 :56 AM
Public Comment; Chris Canning; Laura Snideman; [email protected]; [email protected]; [email protected]; Save Calistoga Speedway!
CAUTION: This ernail originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear County and City Officials,
I am writing to express my hope that a transfer of ownership of the Napa County Fairgrounds will be finalized, thus saving the historic Calistoga Speedway. I understand that much effort and work is ongoing, which is immensely appreciated by the racing enthusiasts nationwide.

Calistoga Speedway is one of only two remaining half-mile dirt tracks in California and has a history that dates back to 1937. That history includes the names of countless race drivers and car owners who became elite figures in auto racing. The annual "Louie Vermeil Classic" honors Calistoga resident Louie Vermeil, the driving force behind Auto Racing at Calistoga Speedway on The Napa County Fairgrounds.

Calistoga and the Napa Valley are rich in history, and I believe the Fairground Speedway is one of the most unique and memorable dirt t racks.

Thank you for allowing me to express my desire to see racing continue at Calistoga Speedway for many years to come.

Regards,
Tim Lange
Soledad, Ca
1 Item #3.1.

Marni Rittburg
From:

Sent:

To:

Subject:

Erik Strom
Tuesday, March 8, 2022 1:24 PM
Public Comment; Chris Canning; Brad Kilger; [email protected]; [email protected]; [email protected]; Calistoga raceway
CAUTION: This email originated from outside of the organiiation. Do not click links or open attachments unless you recogni2e the sender and know the content is safe.

Dear County and City Officials,
I do not live in Calistoga or even Napa County. But I have made it a point to visit every time the World of Outlaws Sprint Car series has raced at Calistoga speedway in the past years. We also made it a point to have dinner in town before t he races. We're only one family, but I'm sure there are numerous other families and groups that do the same.

I am writing to express my hope t hat a transfer of ownership of the Napa County Fairgrounds will be finalized, t hus saving the historic Calistoga Speedway. I understand that much effort and work is ongoing, which is immensely appreciated by t he racing enthusiasts nationwide.

Calistoga Speedway is one of only two remaining half-mile dirt tracks in California and has a history that dates back t o 1937. That history includes the names of countless race drivers and car owners who became elite figures in auto racing. The annual "Louie Vermeil Classic" honors Calistoga resident Louie Vermeil, the driving force behind Auto Racing at Calistoga Speedway on The Napa County Fairgrounds.

Calistoga and the Napa Val ley are rich in history, and I believe the Fairground Speedway is one of the most unique and memorable dirt tracks.

Thank you for allowing me to express my desire to see racing continue at Calistoga Speedway for many years to come.

Regards,
Erik Strom
1 Item #3.1.

J 1tem #7.1

CITY OF CALISTOGA
STAFF
REPORT
TO:

FROM:

DATE:

Honorable Mayor and City Council
Marni Rittburg, City Clerk
March 15, 2022
SUBJECT: Approving Minutes of the February 15, 2022, Regular City Council Meeting
Approved by:
~Jn~ Laura Snideman, City Manager
DESCRIPTION:

Consider approving the Minutes of the February 15, 2022, Regular City Council Meeting.

RECOMMENDATION:

Approve the minutes as submitted.

ATTACHMENTS:

February 15, 2022, Regular City Council Meeting Minutes Item #7.1.

DRAFT MINUTES

CALISTOGA CITY COUNCIL

REGULAR MEETING
Tuesday, February 15, 2022 - 6:00 P.M.

Virtual Meeting

1. CALL TO ORDER - ROLL CALL - SALUTE TO THE FLAG
Mayor Canning, called the regular session to order at 6:01 p.m.

Present: Councilmembers Gary Kraus, and Donald Williams; Vice Mayor lrais LopezOrtega, and Mayor Chris Canning

Absent: Councilmember Gift

2. ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS Oral communication was received. For oral communication and public comment content, for any item on the agenda, view the video of the meeting available on the City's YouTube channel at https://www.youtube.com/user/CityofCalistoga or visit the City's Website at:
https://calistoga.civicweb.net/Portal/Meetinglnformation.aspx?Org=Cal&ld=219

3. ADOPTION OF MEETING AGENDA
Motion by Councilmember Kraus and seconded by Councilmember Williams and passed by the following roll call vote to adopt the meeting agenda as presented.

AYES:

NOES:

ABSTAIN:

ABSENT:

Councilmembers Kraus and Williams, Vice Mayor Lopez- Ortega and Mayor Canning
None
None
Councilmember Gift

4. CITY MANAGER'S REPORT
City Manager Laura Snideman provided updates on COVID-19 and masking.

5. PROCLAMATIONS/PRESENTATIONS/AWARDS

5.1 Martha Casselman, Curtis Winslow and Marcia Beauchamp with the Calistoga Arts Center Board presented the concept for a COVID Memorial Project.

6. CONSENT CALENDAR
Public comment was not received. Motion by Councilmember Williams, second by Councilmember Kraus and passed by the following roll call vote, Council approved all Consent calendar items:

Item #7.1.

Calistoga City Council Minutes
February 15, 2022

AYES:

NOES:

ABSTAIN:

ABSENT:

Councilmembers Kraus and Williams, Vice Mayor Lopez-Ortega, and Mayor Canning
None
None
Councilmember Gift

6.1 Approve the Minutes of the January 18, 2022, City Council Regular Meeting as submitted.

Recommended Action: Approve Minutes

6.2 Consider adopting a Resolution approving the Fourth Amendment to the Employment Agreement between the City of Calistoga and Mitch Celaya, Chief of Police and authorizing the City Manager to execute the Amendment.

Recommended Action: Approve Resolution

6.3 Consider adopting a Resolution finding that that the Developer is in good faith compliance with the terms and conditions of the Calistoga Hills development agreement.

Recommended Action: Approve Resolution

6.4 Consider adopting a Resolution Authorizing the City Manager to Sign and Provide a Letter of Authorization, allowing Upper Valley Waste Management Agency to submit a regional application and act as Lead Agency on behalf of the City of Calistoga to obtain grant funding from CalRecycle to assist in implementation of SB 1383.

Recommended Action: Approve Resolution

6.5 Consider adopting a Resolution that rescinds Resolution No. 2019-015, approves salary and labor benefits for a one-year term for Unrepresented Employees, and authorizes the City Manager to implement the Resolution and consider adopting a Resolution approving a budget adjustment in the amount of $51,860 to the Fiscal Year 2021-22 operating budget.

Recommended Action: Approve Resolution

6.6 Consider adopting a Resolution approving a One-Year Memorandum of Understanding (MOU) between the City of Calistoga and the Calistoga Professional Firefighters' Association.

Recommended Action: Approve Resolution

6.7 Consider adopting a Resolution approving a One-Year Memorandum of Understanding (MOU) between the City of Calistoga and the Calistoga Public Employees' Association (CPEA), Authorizing the City Manager to Execute the MOU, approving a Budget Adjustment not to exceed $17,852 from the Unappropriated General Fund and $20,836 from the Enterprise Funds Reserves for FY 2021-22.

Recommended Action: Approve Resolution
Item #7.1.

Calistoga City Council Minutes
February 15, 2022

6.8 Consider adopting a Resolution duly approving and adopting publicly available parttime pay schedules in accordance with the requirement of California Code of Regulations, Title 2, Section 570.5 which includes a revised salary schedule for all City of Calistoga employees.

Recommended Action: Approve Resolution

6.9 Consider affirming Resolution 2021-071 findings related to the state of emergency due to COVID-19 authorizing the City Manager to continue implementing teleconference accessibility to conduct public meetings pursuant to Assembly Bill 361.

Recommended Action: Affirm Resolution 2021-071 findings in accordance with the provisions and findings of AB 361

7. GENERAL GOVERNMENT
None

8. COUNCIL REQUESTS AND IDEAS FOR DISCUSSION

8.1 Request by Councilmember Williams to add the following item to a future Council agenda: Discussion item regarding Downtown Economic Diversification.

Councilmember Williams proposed a future agenda item on Encouraging Economic Diversity. Council supported brining this discussion item to a future Council meeting.

Councilmember Kraus noticed the stoplights behind installed at Foothill and Petrified Forest. Director Rayner stated the signal arms will be install on February 22nd and another month for the lights to be operational.

Vice Mayor Lopez-Ortega wanted to remind residents that COVID-19 testing is still taking place on Wednesdays at the Fair Grounds. If you have not received the COVID-19 vaccine yet, please consider taking advantage of a COVID clinic.

Mayor Canning requested a presentation from PG&E at a future Council meeting regarding status of transmission lines and replacement and the generator station and also the generator for Rancho De Calistoga. Mayor Canning thanked the Tourism Improvement District and Public Works staff for the refurbishment of the Parklets along Lincoln Avenue.

G.) ADJOURNMENT
Mayor Canning adjourned the meeting at 7:00 p.m.

Respectfully Submitted
Prepared by:

Marni Rittburg, City Clerk
Approved by:

Chris Canning, Mayor
Item #7.1.

Calistoga City Council Minutes
February 15, 2022

Approved:

Item #7.1.

TO:

FROM:

DATE:

CITY OF CALISTOGA
STAFF
REPORT
Honorable Mayor and City Council
Derek Rayner, Public Works Director
March 15, 2022
SUBJECT: Approving the 2022 Parade/Event Schedule
SIGNATURE;
Laura Snideman, City Manager
DESCRIPTION:

Item #7.2
Consider adopting a Resolution Approving the 2022 Parade/Event Schedule and Authorizing the Public Works Department to Apply for Encroachment Permits from Caltrans.

RECOMMENDATION:

Adopt Resolution.

SUMMARY:

Annually several local organizations apply to the City for parades/processions/events along Lincoln Avenue. As a State Highway, encroachment permits for these special events are required from the California Department of Transportation. The Public Works Department typically has applied for these permits on behalf of the applicants. Attached is a list of the potential applicants planning parades/processions/events in 2022.

FINANCIAL IMPACT:

None. All conditions of approval are the responsibility of the event sponsor. Expenditure of City staff time is invoiced to the event sponsor as a condition of approval. Due to the increased risk associated with the Tractor Parade and the Harvest Table events staff Item #7.2.

recommends that these events be conditioned with general liability insurance coverage set at $Sm listing the City and its agents as Additional Insured.

CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:

This recommended resolution is consistent with Goal 1: Maintain and enhance the economic vitality of the community and the financial stability of the City; Objective 2:

Promote the qualities of Calistoga that are attractive to residents and visitors.

ATTACHMENT:
1 . Resolution
Item #7.2.

ATTACHMENT 1
RESOLUTION NO. 2022-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF

NAPA, STATE OF CALIFORNIA, APPROVING THE ANNUAL PARADE/EVENT LIST

AND AUTHORIZING THE PUBLIC WORKS DEPARTMENT TO APPLY FOR

ENCROACHMENT PERMITS FROM CAL TRANS
WHEREAS, the City Council of the City of Calistoga anticipates receiving requests for the following annual parades/events to be held during the year 2022:

Napa County Fair 4th of July Parade ....................................... July 4 Chamber of Commerce Harvest Table Event. ........................ Sept 11 Calistoga High School Annual Homecoming Parade ............. October 7* Calistoga Halloween Parade .................. ................................. October 31 Chamber of Commerce Holiday Village ............. ..................... December 2 Chamber of Commerce Holiday Tractor Parade .................... December 3 Our Lady of Perpetual Help Church Procession .................... December 12* *Tentative date.

All dates subject to change or cancellation at Council's discretion.

WHEREAS, the Public Works Department has typically taken the lead on applying for encroachment permits from Caltrans for these community events; and WHEREAS, Caltrans requires a Resolution from the City Council approving the parades/events and authorizing the application for encroachment permits.

NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY find the following:

1. The City Council of the City of Calistoga hereby approves the Annual Parade/Event List.

2. The City Council of the City of Calistoga hereby authorizes the Public Works Department to apply for Encroachment Permits from Caltrans.

PASSED, APPROVED AND ADOPTED this 15th day of March, 2022. I, MARNI RITTBURG, 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:

Marni Rittburg, CMC, City Clerk Chris Canning, Mayor
Item #7.2.

TO:

FROM:

DATE:

CITY OF CALISTOGA
STAFF
REPORT
Honorable Mayor and City Council
Rachel Melick, Parks and Recreation Director
March 15, 2022
j Item #7.3
SUBJECT: Joint Use Agreement with Calistoga Joint Unified School District and Schedule and Reimbursement Agreement for use of the Calistoga Community Pool by the Calistoga Joint Unified School District
APPROVED:
~~ Laura Snideman, City Manager
Description:

Consider authorizing and entering into:

A) A joint use agreement ("Agreement") with the Calistoga Joint Unified School District("District") to provide for the use of City-owned or managed public facilities by the District and for the use of District-owned or managed public facilities by the City; and B) A Schedule and Reimbursement Agreement for use of the Calistoga Community Pool by the Calistoga Joint Unified School District
RECOMMENDATION:

Adopt the Resolution.

BACKGROUND:

In 2006 the City entered into a fifteen-year Agreement with the District to provide for the use of City-owned or managed public facilities by the District and for the use of Districtowned or managed public facilities by the City. The agreement expired June 1, 2021.

The City owns certain public property and public facilities which the District could use at times when the City is not using the property or facilities. Conversely, the District owns certain public property and public facilities which the City could use at times when the District is not using the property or facilities. There is a need to enter into a new Agreement that allows free or low-cost use of the agency's facilities. Both parties have Item #7.3.

Purchase order for an office modular for the Parks and Recreation Office.

December 21, 2021

mutually benefitted from the use of facilities for recreation programs, athletic programs, and other uses. Additionally, the Calistoga Joint Unified School District uses the Calistoga Community Pool for various programs and activities. Staff recommends a separate document, Schedule and Reimbursement Agreement, that would cover the use of the pool and fees associated with such use.

Both documents have been reviewed by the city attorney's office. The new Joint Use Agreement would serve a fifteen-year term. The Schedule and Reimbursement Agreement would be reviewed by staff annually and accepted by the City Manager or their designee and Superintendent or their designee.

COUNCIL GOALS:

An agreement for use of mutually owned public properties and facilities would achieve the Council's FY 21-22 Goal 4, which states: "Expand and improve recreational and community facilities" through use of public properties and facilities that are necessary to provide programs to the community.

FISCAL IMPACT:

The recommended Schedule and Reimbursement Agreement provides for the reimbursement to the City from the District for a portion of operational and administrative costs associated with use of the Calistoga Community Pool which would offset some of the costs assumed in the pre-season. The Schedule and Reimbursement Agreement also allows for fees to be collected for services provided to the District by City staff. The fees associated with use of other City owned buildings by the District and District owned buildings by the City would be otherwise waived.

ATTACHMENTS

1. Resolution

2. Joint Use Agreement

3. Schedule and Reimbursement Agreement
Item #7.3.

ATTACHMENT 1
RESOLUTION NO. 2022-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY

OF NAPA, STATE OF CALIFORNIA, AUTHORIZING A JOINT USE AGREEMENT

WITH THE CALISTOGA JOINT UNIFIED SCHOOL DISTRICT FOR USE OF

PUBLIC PROPERTY AND FACILITIES AND AUTHORIZING A SCHEDULE AND

REIMBURSEMENT AGREEMENT FOR USE OF THE CALISTOGA COMMUNITY POOL
WHEREAS, the City owns certain public property and public facilities which District could use at times when City is not using the property or facilities; and WHEREAS, the District owns certain public property and public facilities which City could use at times when District is not using the property or facilities; and WHEREAS, a need is present for the City to use certain public property and public facilities owned by the District; and
WHEREAS, a need is present for the District to use certain public property and public facilities owned by the City; and
WHEREAS, the most recent Joint Use Agreement expired in June of 2021; and WHEREAS, the most recent Schedule and Reimbursement Agreement has expired; and
WHEREAS, staff recommends the City Council approves and enters into a Joint Use Agreement with the Calistoga Joint Unified School District; and WHEREAS, staff recommends the City Council approves and enters into the Schedule and Reimbursement Agreement for the District's use of the Calistoga Community Pool.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Calistoga as follows:

1. The City of Calistoga approves and enters into a Joint Use Agreement with the Calistoga Joint Unified School District for a term of fifteen years, expiring on June 30, 2027.

2. The City of Calistoga approves and enters into the Schedule and Reimbursement Agreement for use of the Calistoga Community Pool by the Calistoga Joint Unified School District.

3. The City Manager is authorized to execute both agreements.

4. The City Manager or their designee is authorized to annually execute future Schedule and Reimbursement Agreements to update fees or make minor, non-substantive, technical corrections.

Item #7.3.

PASSED, APPROVED AND ADOPTED this 15th day of March 2022. I, MARNI RITTBURG, 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:

Marni Rittburg, City Clerk Chris Canning, Mayor
Item #7.3.

ATTACHMENT 2

AGREEMENT BETWEEN CITY OF CALISTOGA

AND CALISTOGA JOINT UNIFIED SCHOOL DISTRICT

FOR JOINT USE OF CERTAIN PUBLIC FACILITIES

OWNED BY CITY OF CALISTOGA AND

CALISTOGA JOINT UNIFIED SCHOOL DISTRICT
Authorizing Agreement No. __
This agreement ("Agreement") is made and entered into this __ day of March, 2022, by and between the City of Calistoga, a general law city and a municipal corporation ("City"), and Calistoga Joint Unified School District ("District") for joint use of certain public facilities owned by City of Calistoga and Calistoga Joint Unified School District, is made by and entered into as follows:

RECITALS
A. City owns certain public property and public facilities which District could use at time when City is not using the property or facilities. Conversely, District owns certain public property and public facilities which City could use at time when District is not using the property or facilities.

B. The City and District previously entered into a joint use agreement that expired on June 30, 2021, the purpose of which was to provide for the use of City-owned or managed public facilities by District and for the use of District-owned or managed public facilities by City.

C. The purpose of this Agreement is to continue the cooperative joint use of City and District facilities.

D. The District has adopted a Civic Center Act Policy (Board Policy and Administration Regulation 1330) which governs the use of school facilities and grounds pursuant to the Civic Center Act, California Education Code section 40040 et seq. Any inconsistency between this Agreement and the Civic Center Act Policy shall be governed by the Civic Center Act Policy.

E. It is also a purpose of this Agreement to provide for the assumption of responsibility for the safety and protection of children and others while the facilities are being used by the non-owner user and to ensure that the risk or liability is borne by the user of the facilities or public property.

AGREEMENT
In consideration of the foregoing and the further covenants and conditions herein contained, City and District do hereby agree as follows:

1. Recitals. The above recitals are true and correct.
- 1 -
Item #7.3.

ATTACHMENT2

2. City Facilities. City owns the facilities described on Exhibit "A," attached hereto and incorporated herein by this reference, as may be amended from time to time.

3. District Facilities. District owns the facilities described on Exhibit "B," attached hereto and incorporated herein by this reference, as may be amended from time to time.

4. District Use of City Facilities. City agrees that District shall be permitted to use the City facilities described on the attached Exhibit A subject to the terms and conditions set forth in this Agreement.

5. City Use of District Facilities. District agrees that City shall be permitted to use the District facilities described on the attached Exhibit B subject to the terms and conditions set forth in this Agreement. The use of District facilities by the City shall be governed by the District's Civic Center Act Policy, which is Board Policy 1330 and which is attached hereto as Exhibit "C," and incorporated herein by this reference.

6. Coordination of Facility Use and Costs.

Each party recognizes that the other party has the primary right and responsibility to establish the hours for the use and operation of its facilities so that it can schedule its own programs and control and monitor costs, among other things.

Further, each party recognizes that the use of the other party's facilities may have impacts on the health, safety and welfare of the community (e.g., traffic and noise impacts during sporting events). Further, each party recognizes that the use of the other party's facilities has costs associated therewith, particularly with respect to any use of the Calistoga Community Pool during times not scheduled for regular City use. Further, City and District agree that the others' facilities shall be used at such times and in a manner so as not to interfere with the primary uses of either the City or the District.

Thus, in order to facilitate appropriate joint use of the facilities, the District Superintendent or his or her designee ("Superintendent") is designated as the District's contract administrator for this contract and is authorized and directed by the Board of Trustees of the District to cooperatively develop and approve scheduling and reimbursement agreements for joint use of each of the facilities identified in Exhibits A and B, including the Schedule and Reimbursement Agreement described in Section 13.4 hereof. The City Manager or his or her designee ("City Manager") is designated as the City's contract administrator for this contract and is authorized and directed by the City Council of the City to cooperatively develop and approve scheduling and reimbursement agreements for joint use of each of the facilities identified in Exhibits A and B, including the Schedule and Reimbursement Agreement described in Section 13 .4 hereof. The Superintendent and City Manager will meet as necessary to determine scheduled use of the respective facilities.
- 2 -
Item #7.3.

ATTACHMENT 2
The parties expect to cooperate to modify the schedules in the ordinary course of business. However, if it considers it necessary, either party may request in writing that the other party allow it use any facility or facilities listed in Exhibits A or B.

Each party shall use best efforts to make such requests at least thirty (30) calendar days before the desired date of use. The other party shall use best efforts to respond not more than ten days thereafter.

City and District will use best efforts to provide the other with a minimum of ten (10) calendar days' notice when canceling previously approved facilities use dates. If either the City or District cancels any approved reservation, the canceling party will make a reasonable effort to provide an appropriate alternative reservation.

7. Consent of Parties. The parties agree that they shall cooperate and take all necessary actions to achieve the purposes of this Agreement to ensure the maximum joint use of the facilities for the benefit of the City's residents and the District's students. Whenever the consent, approval or permission of either party is required, that party shall not unreasonably delay or withhold such consent, approval or permission.

8. Janitorial and Custodian Services. City shall be responsible for providing normal janitorial and custodian services for City facilities, and District shall be responsible for providing normal janitorial and custodian services for District facilities. District and City agree to provide their own clean-up and shall put the furniture away after each use of District or City facilities. It is the responsibility of the party using the facility to return the facility or grounds to its original condition. Each agency shall make full effort to communicate information regarding clean-up problems to the other agency.

9. Condition of Facilities. City and District shall be responsible for the condition in which facilities are left and, should City or District property be damaged or abused beyond normal wear, such damage will be paid for by the responsible entity.

10. Supervision. At all times when the facilities are used by City or District, the facilities shall be under the supervision and control of the agency using it, including its agents and employees. Further while using the facilities, the agency, including its agents and employees, shall supervise the use of the facilities and shall administer operate the facilities in accordance with all applicable federal, state and local laws, rules and regulations, including without limitation those pertaining to the presence of qualified lifeguards for pool use.

11. Reservations for Use of District and City owned Facilities. The District shall be responsible for administering facility reservations for public use of all Districtowned buildings, open space and athletic fields. Request for facilities must follow District procedure. The City shall be responsible for administering facility reservations for use of all City-owned facilities.
- 3 -
Item #7.3.

ATTACHMENT2

12. Use of District Facilities by the City.

12.1 Free Use of District Facilities by the City. City and District agree that the fees normally charged by the District when an outside group or agency uses District facilities (Exhibit B) shall be waived for City-sponsored use provided that intended uses are consistent with Group Category I of the District's Civic Center Act Policy (Board Policy 1330).

12.2 Use of District Facilities for a Fee. Some uses of District facilities by the City will be charged at either a direct cost rate or a fair rental value rate as described more specifically in the California Civic Center Act (Ed. Code Section 38130 et seq.) and the District's Civic Center Act Policy (Board Policy 1330).

12.3 Fees for Playing: Gymnasium. When using the District gymnasium as an "open gym" for youth, 18 and under, there shall be no fee charged by the District for use of the facility. If the gymnasium is used for "open Gym" over 18 years old or adult league play, the direct cost rate shall be charged to the City by the District. The City may charge a use fee for these programs, which will be deposited in the City General Fund and shall be used to pay for recreation staffing and charges by the District.

12.4 Fees for Playing: Tennis Courts. Use fees may be charged by the City for its use for scheduled recreation classes of the District owned tennis courts. Such use fees shall be used to pay the costs of the classes.

12.5 Facilities Prohibited for Use by the City. The elementary school kitchen is excluded for use by this Agreement except that it may be rented at the fair market rate established by District policy.

13. Uses of City Facilities by the District.

13.1 Free Use of City Facilities by the District. District and City agree that the fees normally charged by the City when an outside group or agency uses City facilities (Exhibit A) shall be waived for District-sponsored activities and uses.
13 .2 Use of Calistoga Community Pool by the District. The use by the District of the Calistoga Community Pool shall be subject to the terms and conditions of the Schedule and Reimbursement Agreement, dated even date herewith, between the City and the District.

14. Prohibited Uses. City and District agree that no activity in violation of state or federal law or local ordinance shall be conducted on any facility or any public property. This includes any use that involves the possession, consumption, or sale of alcoholic beverages, tobacco, or any restricted substances on District property. - 4 -
Item #7.3.

ATTACHMENT2

15. Insurance.
15 .1 City and District shall each maintain comprehensive general liability insurance in the amount of 10 Million Dollars combined single limit to protect City and District, their officers, agents, servants and employees against claims for bodily injury, and property damage arising from City's or District participation in the activities described herein. The form of such insurance shall be satisfactory, respectively, to City and District and may include self-insurance at levels acceptable to both parties. Each party's policy or policies shall name the other party (City or District) as additional insured. In event of cancellation or a material change in coverage, both City and District agree to give a minimum of thirty (30) days' written notice to Joint Use of Facilities Agreement the other.

15.2 A Workers' Compensation and Employers' Liability policy written in accordance with the laws of the State of California and providing coverage for any and all employees of the District or City shall be executed by both parties. The Workers Compensation policy shall provide coverage for Workers' Compensation (Coverage A) and One Hundred Thousand Dollars ($100,000.00) Employers' Liability (Coverage B) and waiver of subrogation shall be required for the Worker's Compensation in favor of the either party as appropriate.

16. Hold Harmless/Defense/Indemnification. City and District shall defend, indemnify and hold harmless each other as well as their respective officers, agents, employees and volunteers from any claim, loss or liability including, without limitation, those for personal injury (including death) or damage to property, arising out of or connected with any acts or omissions of that party or its officers, agents, or employees when performing any activities or obligations required of that party under this Agreement.
1 7. Mutual Indemnification. Each party agrees to indemnify, defend, and hold armless the other party, its officers, agents and employees from any and all liabilities, claims, or losses of any nature, including attorneys' fees, to the extent caused by, arising out of, or in connection with, the indemnifying party's intentional or negligent acts or omissions pursuant to this agreement.

18. Anti-Discrimination Clause. Neither party to this Agreement shall discriminate against any employee, applicant for employment, or other person using the Premises, on the basis of race, religion, sex, national origin, age, disability, ancestry, medical condition, or creed, in violation of any federal or state law, in connection with the performance of this Agreement.

19. Attorney Fees and Costs. It is mutually agreed between the parties that in the event that the interpretation or enforcement of any terms, provisions, rights or obligations contained in this Agreement become the subject of litigation between - 5 -
Item #7.3.

ATTACHMENT 2
the parties hereto, the prevailing party in any such litigation shall recover from the non-prevailing party the prevailing party's reasonable attorney fees and costs.

20. Dispute Resolution. The parties agree that in the event of a dispute regarding a violation, interpretation or application of any of the provisions of this Agreement, every effort will be made to resolve it by private conference between the respective parties' representatives. If the dispute cannot be resolved, either party may request mediation, and the parties agree to mediation as a step prior to commencing legal action. Any costs for mediation would be split equally between the parties.

21. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California.

22. Waiver. The waiver by either party of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition on any subsequent breach of the same or any other term, covenant or condition herein contained.

23. Force Majeure
23 .1 The District shall not be chargeable with, or liable to, the City for anything or in any amount for any failure to perform or delay caused by fire, earthquake, explosion, flood, hurricane, the elements, Acts of God or the public enemy, actions, restriction, limitations or interference of governmental authorities or agents; enforcement of applicable law; war; invasion; insurrection; rebellion; riots; strikes or lockouts; inability to perform, control or prevent which is beyond the reasonable control of the District; and any such failure or delay due to said causes or any of them shall not be deemed a breach of or default in the performance of this Agreement by the District.
23 .2 The City shall not be chargeable with, or liable to, the District for anything or in any amount for any failure to perform or delay caused by fire, earthquake, explosion, flood, hurricane, the elements, Acts of God or the public enemy, actions, restriction, limitations or interference of governmental authorities or agents; enforcement of applicable law; war; invasion; insurrection; rebellion; riots; strikes or lockouts; inability to perform, control or prevent which is beyond the reasonable control of the City; and any such failure or delay due to said causes or any of them shall not be deemed a breach of or default in the performance of this Agreement by the City.

23.3 Workers' Compensation Insurance. Each party to this Agreement shall procure and maintain Workers' Compensation Insurance as required by Labor Code Section 3 700.

24. Severability. If any provision of this Agreement, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provision of - 6 -
Item #7.3.

ATTACHMENT 2
this Agreement, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby so long as the purposes of this Agreement can still be carried out.

25. Master Agreement. This Agreement shall serve as the master agreement covering the rights and responsibilities of City and District regarding use of public facilities owned by City and District and the City.

26. Term. This Agreement shall expire June 30, 2027.

27. Successors and Assigns. This Agreement shall bind the successors and assigns of the parties hereto.

28. Modifications. The terms and conditions of this Agreement may be modified or changed only by written mutual consent of the parties.

29. Assignment. Neither party shall have the right or power, without the other party's written consent, to assign its rights or delegate its duties pursuant to this Agreement. Each party shall not make any use of the public facilities which is not in keeping with the purposes of this Agreement. This provision shall not apply to either party's right to permit community groups and organizations the right to use the public facilities.

30. Previous Agreements. This Agreement supersedes and replaces all previous agreements by and between City and District as they may pertain to use of the subject property.

31. Notification. Any notices sent to City and District pursuant to this Agreement, shall be addressed as follows:

For the City:

For the District:

Laura Snideman
City Manager
1232 Washington Street
Calistoga, CA 94515
(707) 942-2805
Erin Smith-Hagberg
Superintendent
1520 Lake Street
Calistoga, CA 94515
(707) 942-4703
- 7 -
Item #7.3.

ATTACHMENT2
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written.

ATTEST:

By:

Its:

ATTEST:

By:

Its:

CITY:

City of Calistoga, a California municipal
corporation
By:

Its:

DISTRICT:

Calistoga Joint Unified School District, a California
joint unified school district
By:

Its:
- 8 -
Item #7.3.

ATTACHMENT 2
EXHIBIT "A"

CITY-OWNED FACILITIES FOR USE BY SCHOOL DISTRICT
• Racquetball Courts
• Community Center
• Little League Fields
• City Parks
Exhibit A-1
Item #7.3.

EXHIBIT "B"

DISTRICT OWNED FACILITIES FOR USE BY CITY
Calistoga High School
• Baseball Field
• Softball Field
• Football Field
• Track
• Gymnasium
• Multi-Use Room
• Tennis Courts
• Weight Room
Calistoga Elementary School
• Multi-Use Room
• Play Fields
ATTACHMENT 2
*The Calistoga Elementary Kitchen is specifically excluded from this agreement and may only be used by outside parties on a pre-arranged fair market payment basis.

Calistoga Middle School - "Gallis Property"
Fields or facilities that may be developed on the District's "Gallis Property" Exhibit B-1
Item #7.3.

ATTACHMENT 2
EXIDBIT "C"

DISTRICT CIVIC CENTER ACT POLICY
Exhibit C-1
Item #7.3.

ATTACHMENT 3

CALISTOGA PARKS AND RECREATION DEPARTMENT

SCHEDULE AND REIMBURSMENT AGREEMENT

FOR USE OF CALISTOGA COMMUNITY POOL FACILITIES
This Schedule and Reimbursement Agreement, dated March __ , 2022, is made by and between the City of Calistoga ("CITY") and the Calistoga Joint Unified School District ("CJUSD").

RECITALS
A. CITY is the owner and operator of the swim facilities, Calistoga Community Pool, 1745 Washington St., Calistoga ("Pool").

B. Pool facilities are for the use and benefit of the public, but CITY finds there may be certain days and hours which may be made available for community groups for recreational use in conjunction with CITY's programs.

C. CJUSD and CITY have an existing Joint Use Agreement which outlines usage of City public facilities. (Attachment 1)
D. CJUSD use of Pool outside of the regular public use will benefit the youth and teens of Calistoga by fostering development of swim skills.

CONDITIONS OF USE
The parties agree as follows:

1. Permission CITY permits the use of Pool by CJUSD as set forth herein.

2. No Conveyance This Agreement does not constitute the conveyance of any interest in Pool, nor does it create any leasehold interest.

3. Term The permission granted by this Agreement is non-exclusive and begins March 21, 2022 and expires on May 27, 2022.

4. Public Schedule CITY will strive to include additional programs and aquatic activities at the Pool which will not conflict with CJUSD programs, practices, meets, etc. except during the official spring season the pool space may have to be shared dependent on CJUSD swim team schedule.
1 Item #7.3.

Season Dates Addendum

4. Definitions
a. Off-Season-Pre-April 11, 2022
b. Spring Season - April 11, 2022 - June 10, 2022 (estimate)

5. Practices CITY and CnJSD mutually agree upon practice use time and space as follows:
a. Off Season - March 21, 2022 - April 11, 2022.

Days Times Lane Space
Monday - Friday TBD Whole Exercise Pool
Meet Days (TBD) NIA Whole Exercise Pool
Spring Break TBD Whole Exercise Pool
b. Spring Season -April 13, 2022 -June 14, 2022
Days Times Lane Space
Monday - Friday TBD Shared Exercise Pool
Meet Days (TBD) NIA Whole Exercise Pool

6. Holidays/Pool Closures The Calistoga Community Pool will not be available for use on the following dates:

7. Date Event Availability
Mon, May 30, 2022 Memorial Day NIA
Special Events CITY shall allow CnJSD to conduct special events during the terms of this agreement.
2022 MEETS AND SPECIAL EVENTS SCHEDULE
Date Event
TBD Meet schedule will be provided to the CITY as
soon as possible.

8. Food and Beverage CJUSD must obtain prior approval from City for consumption and/or sale of food or beverages during CnJSD use of Pool for authorized practices and/or special events.

9. Clean-up CnJSD, shall clean up all Pool facilities and/or shall pay any staff or maintenance 2 Item #7.3.

11. 12.

13. costs incurred by CITY, associated with cleaning Pool after any scheduled special event at the rate of $18.50 per hour or at the current hourly rate of pay.

Locker Room and Front Lobby Supervision During CJUSD' use of Pool, CJUSD shall have on duty at Pool during all swim practices, responsible adults whom shall be responsible for monitoring and supervising both the men's and women's locker rooms, maintaining these areas in a safe, incident/damage free condition. The responsible adult shall perform a walk-through of locker rooms following program to ensure the cleanliness of the facilities.

Pool Covers CJUSD agree to assist the CITY Lifeguards in covering all of the pools, including the Recreation pool at the end of any evening activities.

Access to Facilities The portions of Pool approved for use under this agreement are:

Exercise pool, men's and women's locker rooms and shower facilities, seating area, lawn and authorized storage space.

Coaches During CJUSD' use of Pool for authorized CJUSD workouts, CJUSD shall have on duty at Pool, and on deck during all swim practices at its own expense, one person, approved by CITY, possessing the following current certifications: Standard First Aid, Community CPR and Safety Training for Swim Coaches or Lifeguard Training. All CJUSD personnel on duty at the facilities are required to possess the above referenced certificates. (Reference Senate Bill No. 865 amending State Health and Safety Code effective January 1, 1992.) Prior to use of any such personnel at Pool, CJUSD shall supply CITY, in writing, with their names, addresses and copies of their certifications. CITY shall have the right to reject any person whom CITY reasonably believes does not possess the necessary skills or qualifications to assure the safe use of Pool. Coaches are expected to cooperate with CITY staff regarding the supervision and appropriate use of the facilities as defined by CITY policies.

14. Fingerprints "Pursuant to the provisions of California Education Code § 10911.5, Public Resources Code § 5164, and Penal Code § 11105.3, every coach and volunteer who will have direct contact with minors in a supervisory or disciplinary capacity, shall be fingerprinted before providing any services to the CITY's Recreation Services. Enforcement of this provision is the sole responsibility of the CJUSD."
3 Item #7.3.

15. Lifeguards CITY shall employ certified lifeguards to monitor and supervise Pool during all normal program hours. During any hours requested, other than normal operating hours, CITY shall employ two (2) lifeguards for every 25 attendees to monitor and supervise Pool at CWSD expense.

16. Rules CWSD and its members, staff and employees shall enforce and obey all posted Pool safety rules and other rules that pertain to the use of the Pool.

17. Correction of Deficiencies CWSD shall immediately correct any deficiency in the manner it supervises the use of Pool, whether or not such deficiencies are brought to CWSD' attention by CITY staff.

18. Safety CWSD shall exercise reasonable precautions for the safety of persons participating in or attending programs and activities sponsored by CWSD at Pool. CWSD shall prevent access of all persons to the pool, pool area, or any other portion of Pool under its supervision, which are a danger to the health or safety of persons. CWSD shall immediately report in writing to CITY, any dangerous condition. CWSD acknowledge that its safe use of Pool during the hours scheduled for CWSD use shall be its sole responsibility and that its assurances that it will use Pool in a safe and reasonable manner are a critical inducement to CITY entering into this agreement.

19. Fees Fees are calculated on a daily basis and an invoice is prepared monthly. The monthly invoice is subject to prorating due to any scheduled pool closures or CWSD practice cancellations as per agreement. For the use of Pool, CWSD shall pay to CITY:
a.
b.

C.
d.

Lifeguard Rate
Exercise Pool only: $18.50 per hour (2 lifeguards for every 25 participants) Lifeguards increase solely at the discretion of the CITY PGE Estimated Costs
Costs billed directly as incurred- estimated to be $488 weekly Utilities and Regular Facility Maintenance
Weekly Cost: $435
Additional Staff Needs: CWSD will pay for any additional staff costs incurred in excess of the base staff costs contemplated by this agreement at the following 4 Item #7.3.

20. Insurance
rates (as of February 10, 2022 and may be subject to change); Maintenance Staff: $17.50 per hour
Lifeguard Staff: $18.50 per hour
Front Desk Staff:

Swimming Instruction:
$17.50 per hour
$17.50 per hour
a. During the entire term of this agreement, CJUSD agrees to procure and maintain public liability insurance at its sole expense to protect against loss from liability incurred in performance of CJUSD' activities and imposed by law for damages on account of bodily injury, including death there from, suffered or alleged to be suffered by any persons whomsoever, resulting directly or indirectly from any act or activity of CJUSD, or any person acting for CJUSD or under its direction or control, and also to protect against loss from liability imposed by law for damages to any property of any person caused directly or indirectly by or from acts or activities of CJUSD, or any person acting for CJUSD, or under its direction and control.

Such public liability and property damage insurance shall also provide for and protect CITY against incurring any legal cost in defending claims for alleged loss and protect CITY against any damages from the alleged loss. Such public liability and property damage insurance shall be maintained in full force and effect throughout the term of this agreement and any extension thereof in the following minimum limits:
(1)
(2)
Bodily Injury
Property Damage
$1,000,000 each person
$1,000,000 each occurrence
$1,000,000 each occurrence
$1,000,000 aggregate
CJUSD agree that the provisions of this paragraph as to maintenance of insurance shall not be construed as limited in any way to the extent to which CJUSD may be held responsible for the payment of damages to persons or property resulting from CJUSD' activities or the activities of any person or persons for whom CJUSD is otherwise responsible. b. A Certificate of Insurance, or an appropriate binder of insurance coverage evidencing the above insurance coverage with a company acceptable to CITY's Risk Manager shall be submitted to CITY by CJUSD prior to execution of this agreement by CITY. All such insurance shall be primary and name CITY. its officers. agents, employees and representatives as additional insured by endorsement.
5 Item #7.3.

c. The terms of the insurance policy or policies issued to provide the above insurance coverage shall provide that said insurance policy may not be canceled or the terms materially changed therein, without thirty (30) days' prior written notice to CITY for any cause other than nonpayment of premium. In the event of nonpayment of premium, notices shall be given ten (10) days prior to the effective date of cancellation. CfilSD shall, prior to the cancellation date, or within twenty (20) days of notice of material changes in terms of coverage, submit to CITY new evidence of insurance in the amounts heretofore established.

21. Indemnity/Liability CfilSD agrees to accept all responsibility for loss or damage to any persons or entity, and to defend, indemnify, hold harmless and release the CITY, its officers, and employees, from actions, claims, damages, disabilities, or the cost of litigation that are asserted by any person or entity to the extent rising out of the negligent acts or omissions or willful misconduct in the performance by the CfilSD hereunder, whether or not there is congruent negligence on the part of the CITY, by excluding liability due to the active negligence or willful misconduct of the CITY. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for CfilSD or its agents under worker's compensation acts, disability benefits acts or other employee's benefits acts.

22. Default In the event of default on the part of CfilSD in any of the terms of this agreement, which default continues for a period of not less than ten (10) days after written notice from the CITY to CfilSD, CITY may terminate further use of Facilities under this permit and may eject any persons who enters by reason of the permission granted in this agreement.

23. Termination Either party may terminate this agreement by written notice of not less than thirty (30) days. CfilSD are responsible for all fee payments which are due at the time of termination.

24. Supervision of use upon facilities closure In the event that CITY is required to close any part of the facilities due to equipment failures, budget crisis, or physical deterioration of any kind, CITY shall give written notice of the closure to CfilSD & all right of CfilSD to use the facilities shall be suspended during the time of closure. In the event of a contamination closure, the CITY will provide as much notice as possible.
6 Item #7.3.

25. Entry Officials & employees of CITY shall have the right to enter Pool for the purposes of inspection, maintenance, repair, investigation, or survey at times necessary or convenient. Entry by CITY shall be accomplished in such a manner as to cause minimum reasonable interference with the activities of CfilSD in its use of Pool.

26. Utilities CITY shall provide all the utilities used by CfilSD at Pool and billed as indicated above.

27. Maintenance CITY shall maintain Pool in a reasonable condition. CfilSD shall not, during its use, commit or permit any waste or nmsance upon
Pool nor any damage or defacement nor any act or use prohibited by any law or ordinance and CfilSD shall, insofar as it is able, act to prevent the waste of any utilities provided by CITY to Pool.

28. Use of Furniture The permission granted to CfilSD by CITY shall include such furniture and fixtures as are presently at or may in the future be provided by CITY to Pool. CfilSD agree to indemnify CITY against damages to such furniture and fixtures caused by the acts of CfilSD, or its members, more than ordinary wear and tear. CITY shall designate how facility is to be used and where the furniture is to be stored.

29. Storage CITY shall provide CfilSD with minimal assigned storage space during the swimming season if needed. All items must be removed by the end of the CITY season. Storage shall be used for non-food items only.

30. Other Facilities CfilSD shall request use of other facilities not covered by this agreement through normal permit process of CITY. All rental fees and charges shall be paid prior to use of other facilities.

31. Authority CfilSD warrants that it possesses the financial resources to discharge the responsibilities it has assumed under this agreement.

32. No Discrimination CfilSD shall not discriminate in its use of Pool on the basis of sex, creed, race, disability or national origin, or any other basis forbidden by local, state or federal law.

33. No Assignment CfilSD may not assign its rights under this agreement. 7 Item #7.3.

34. Modification. This agreement may not be modified except if such modification is in writing and signed by both parties.

35. Notices. Notices or payments specified in this agreement shall be delivered to the parties as follows:
-------------------- ---~---------------------------------------------------------------- CITY: Laura Snideman
707-942-2806
City of Calistoga
1232 Washington St.

Calistoga, CA 94515
CJUSD: Erin Smith-Hagberg
707-942-4 703
Calistoga Joint Unified School District
1520 Lake St.

Calistoga, CA 94515
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written.

CITY OF CALISTOGA
By: _ _____ _
Laura Snideman
City Manager
Date: ---------
8 CALISTOGA JOINT UNIFIED

SCHOOL DISTRICT
By _______ _
Erin Smith-Hagberg
CJUSD
Date: ---- ---- -
Item #7.3.

TO:

FROM:

DATE:

CITY OF CALISTOGA
STAFF
REPORT
Honorable Mayor and City Council
Mitchell J. Celaya, Chief of Police
March 15, 2022
Item #7.4
SUBJECT: Authorization to Replace 2016 Ford Interceptor Patrol SUV #292 APPROVED:

Laura Snideman,
c~ ~~ City Manager
ISSUE:

Patrol vehicle was damaged to the extent that it could not be returned to patrol duty status. The city's insurance plan via PARSAC (policy #002.056688.MI.H) has replacement cost coverage for "Like Kind and Quality" which reimburses the city for the replacement of a similar make & model patrol vehicle. The insurance cost coverage includes the purchase and installation of all equipment, decals, and markings to bring the vehicle to full patrol duty use. The insurance covers these costs minus the $10,000.00 deductible.

RECOMMENDATION:

Adopt the Resolution authorizing the purchase of a 2022 Ford Interceptor 6-cylinder Eco Boost SUV and outfit the patrol vehicle with equipment and markings not to exceed $62,912 and accept the insurance reimbursement of the purchase and outfitting costs minus the $10,000 deductible.

BACKGROUND/ DISCUSSION:

On June 5, 2021, patrol vehicle #292 was damaged when it drove off the lower Washington bike path and hit a city fence. The insurance claims adjuster totaled the vehicle as the cost to repair the damage was more than the value of the 2016 Ford Interceptor 6-cylinder patrol SUV. The insurance policy requires a replacement of a like vehicle with similar equipment to qualify under the "Like Kind and Quality" coverage reimbursement.

Item #7.4.

City Council Staff Report
Replacement of Patrol Vehicle #292
March 15, 2022

CPD was not able to locate a 2021 Ford Interceptor patrol SUV. CPD located a 2022 Ford Interceptor patrol SUV via Folsom Lake Ford (see attached price sheet). This vehicle was part of a larger State Vehicle contract (1-8-23-14B) order by CHP that CPD is able to join. Police vehicles are difficult to find as the order of this vehicle is approximately 28 to 30 weeks for delivery from date of order.

The full estimate for all equipment and installation is $19,317 (see attached Precision Wireless Proposal). Some of the equipment out of the damaged patrol vehicle can be reinstalled however the interior specs of the 2022 Ford Interceptor's have changed resulting in the prisoner molded seats and prisoner divider shield not fitting. The quote covers all equipment, but not all items on the quote will be needed. The installer won't know which items can be reused until the new patrol SUV arrives and the equipment fitted. The cost of decals and markings are approximately $975.

CONSISTANCY WITH CITY COUNCIL GOALS AND OBJECTIVES:

This request supports and furthers the City Council's Goal of "Offer excellent professional services to all customers." The replacement of this patrol vehicle directly impacts the police department's ability to provide excellent and professional emergency police services in a reliable manner.

FISCAL IMPACT:

The price of the 2022 Ford Interceptor Patrol SUV is approximately $39,547 plus approximate sales tax of 3,065, approximate California tire fee of $9, the estimated equipment and installation approximately $19,317, and the decals and markings approximately $975. The estimated total cost to the city is approximately $62,912. The insurance will reimburse the city for all costs except for the $10,000 deductible. The purchase to be made from the Equipment Replacement Fund account #15-4970-4820 and the insurance proceeds to account 15-3289.

ATTACHMENTS:
1) Draft Resolution
2) Folsom Lake Ford estimate
3) Precision Wireless Service Equipment Proposal
4) Decal quote
Item #7.4.

ATTACHMENT 1
RESOLUTION 2022-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF

NAPA, STATE OF CALIFORNIA, TO AUTHORIZE THE CITY MANAGER TO

EXPEND EQUIPMENT MAINTENANCE & REPLACEMENT FUNDS TO PURCHASE

A PATROL VEHICLE FOR THE POLICE DEPARTMENT IN THE AMOUNT NOT TO EXCEED $62,912.

WHEREAS, the Calistoga Police Department needs to replace a damaged patrol vehicle taken out of service; and
WHEREAS, the City of Calistoga budget for Fiscal Year 2021-22 contains the funds of $62,912 in the Equipment Replacement Fund for the acquisition of a police vehicle for the Police Department; and
WHEREAS, the Calistoga Police Department desires to purchase a 2022 Ford Police Interceptor SUV to replace patrol vehicle #292 damaged as a result of a collision; and WHEREAS, the Calistoga Police Department has the ability to purchase a 2022 Ford Police Interceptor SUV off a State approved contract vendor to ensure a state negotiated reduced rate and outfit said vehicle for patrol use for a total amount not to exceed $62,912.

WHEREAS, the Calistoga Police Department has the ability to get reimbursed for the total cost of the purchase and equipment minus a $10,000 deductible via the City's insurance carrier; and
WHEREAS, the replacement of this patrol vehicle directly impacts the police department's ability to provide excellent and professional emergency services to the community in a reliable manner; and
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Calistoga hereby authorizes the City Manager to expend up to $62,912 from the Equipment Replacement Fund account #15-4970-4820 to purchase a 2022 Ford Police Utility Interceptor vehicle for the police department. Proceeds from the insurance carrier will be coded to account# 15-3289.

PASSED, APPROVED AND ADOPTED this 151H day of March 2022. I, MARNI RITTBURG, 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:

Marni Rittburg, CMC, City Clerk Chris Canning, Mayor
Item #7.4.

12755 FOLSOM BOULEVARD
FOLSOM, CA 95630 • (916) 353-2000
KBA 4DR AWD POLICE
.119" WHEELBASE

UM AGATE BLACK
9 CLTH BKTS/VNL R
6 EBONY

SOOA EQUIP GRP
.AM/FM STEREO
99C 3.0L ECOBOOST
44U 10SPD AUTO TRAN
52P DR LOCK PLUNGER
JOB #2 ORDER

CA BOARD FEES

FLEET SPCL ADJ
425 50 STATE EMISS
43D COURTESY DISABL
515 DUAL LED LAMPS
59B KEY CODE 1284X
60R NOISE SUPPRESS
68G RR DR/LK INOP
76R REVERSE SENSING
87R RR VIEW MIR/CAM
90E LH/RH PNLS III
153 FRT LICENSE BKT
DANIEL A. RAIMONDI
Fleet Director
. ,
ATTACHMENT 2
(916) 353-2000, Ext.376
Toll Free 1-800-655-0555
Cell (916) 825-1622
Fax (916) 353-2078
[email protected]
Item #7.4.

ATTACHMENT 3
Precision Wireless Service
930 Shiloh Rd.

EQUIPMENT PROPOSAL
Building 40, Suite 4
Windsor, CA 95492
(707) 836-6855 I
NAME/ADDRESS Ship To
Calistoga Police Dept
Accts Payable
1232 Washington Street
Calistoga Police Dept
1232 Washington Street
Calistoga, CA 94515
Calistoga, CA 94515
P. 0. Number Terms Due Date Rep
New SUV Net 10 3/3/2022

ITEM DESCRIPTION QTY
BK21691TU20 PB450L4, aluminum, Push Bumper four 1
lights, SOS MPower with pad
SA315P Siren Speaker 123 dB Speaker, Nylon 1
composite
SAK52 Siren Speaker Bracket Pl SUV Title 13 1
Compliant
CC-20-UV1 0-L8 CC-20-UV1 0-L8 Console with drink holder 1 arm rest Includes Faceplates
MMSU-1 Magnetic Mic Kit 2
CHRGE SLEAVE STRE. .. Charger sleave for Streamlight SL20 flashlight 1 22051 12VDC charger cable for SL20 flashlight 1
BCT15X 2500 Ch Beartracker mobile scanner 1
SP35 External speaker for scanner 1
Misc Parts Speaker for Motorola Radio 1
CCSRNTA3 CENCOM SAFFIRE SIREN, PA AND LIGHT 1

BAR CONTROLLER
1 1
PK03551TU20TM Partition, Pl SUV Recessed for weapons 1
mount, 1 0VS RP, 2020 model
QK06351TU20 Prisoner Seat for Pl SUV Interceptor, Includes 1 seat belt system Includes rear partition, 2020
WK05951TU20T Window Barrier Poly Tinted Pl SUV 2020 1
DK01 00ITU20 Setina Door covers SUV Pl 2020 1
GK0068E BLAC-RAC Weapons Mount System with 2
T-Rail
Thank you for choosing Precision Wireless Service!
Accepted By:

Date Quote Number
2/21/2022 6696
Phone

COST TOTAL
995.00 995.00T
275.00 275.00T

35.00 35.00T
550.00 550.00T

40.00 80.00T

19.50 19.50T

19.00 19.00T
275.00 275.00T

59.00 59.00T

59.00 59.00T
916.00 916.00T

0.00 0.00

0.00 0.00
895.00 895.00T
1,308.00 1,308.00T
289.00 289.00T
227.00 227.00T
750.00 1,500.00T
TOTAL
Item #7.4.

Precision Wireless Service
930 Shiloh Rd.

EQUIPMENT PROPOSAL
Building 40, Suite 4
Windsor, CA 95492
(707) 836-6855 I
NAME/ADDRESS Ship To
Calistoga Police Dept
Accts Payable
1232 Washington Street
Calistoga Police Dept
1232 Washington Street
Calistoga, CA 94515
Calistoga, CA 94515
P. 0 . Number Terms Due Date Rep
New SUV Net 10 3/3/2022

ITEM DESCRIPTION QTY
Anten & line Antenna, line kit and connector
One Radio antenna and one scanner antenna
LF12TRB Map Light 12 in, LITTLELITE, 12 RHEO

14.0553.USB 3-12v Outlet 4-USB outlet
IB8DEDE LIBERTY II DUO LIGHT BAR RW/BW C&F

RA/BA REAR TA
STPKT76L WHELEN STRAP KIT INTERCEPTOR SUV
EMPS2QMS3R MPOWER 4" Quick Mount SAE 8 LED RED
Rear Hatch
EMPS2QMS3B MPOWER 4" Quick Mount SAE 8 LED BLUE
Rear Hatch

IHK UPFITTER INSTALLATION HARDWARE KIT FOR

UPFITTER CAR BUILDS
CG-X ChargeGuard, 30 amp on/off timer switch
T-FDEXRMO-11 N-PS-P ... Truck Vault Explorer Mag Offset Police Package with Lift One drawer, electronics tray
underneath.

Installation Installation Labor
Ship & Handl Shipping and handling
Napa County Sales Tax
Thank you for choosing Precision Wireless Service!
Information herein is proprietary and confidential and
cannot be shared outside of your company without written consent from owners of Precision Wireless Service. Accepted By:

2 1
1 1
1 1
1 1
1 1
1 1
Date Quote Number
2/21/2022 6696
Phone

COST TOTAL

42.00 84.00T

62.00 62.00T

45.00 45.00T
1,995.00 1,995.00T

75.00 75.00T
120.06 120.06T
120.06 120.06T
425.00 425.00T

98.00 98.00T
3,225.00 3,225.00T
3,950.00 3,950.00
550.00 550.00

7.75% 1,065.67
TOTAL $19,316.29
Item #7.4.

ATTACHMENT 4
9 • • • • ■ • f, t • " II • • • •
3/2/2022
Quote for providing Reflective vinyl lettering package
for (1) Interceptor Vehicle:
$900.00 decals
$74.25 tax
$974.25 Total
Thank you,
Jodie Nieman
Jodie's Designs
Item #7.4.

TO:

FROM:

DATE:

CITY OF CALISTOGA
STAFF
REPORT
Honorable Mayor and City Council
Mitchell J. Celaya, Chief of Police
March 15, 2022
Item #7.5
SUBJECT: Replacement of Patrol Body Worn Cameras and Conducted Energy Weapons (T asers)
APPROVED FOR FORWARDING:
k 0-dn~
Laura Snideman, City Manager
ISSUE:

The patrol AXON body worn cameras and TASER Conducted Energy Weapons (CEWs) have come to the end of their projected life and need to be replaced. The Evidence.com video storage also needs to be renewed as part of the body worn camera replacement.

RECOMMENDATION:

Adopt the Resolution authorizing the purchase of the 13 AXON Body Worn Cameras, 13 Evidence.com video storage licenses, and 12 TASER CEWs via a bundle package through Axon Enterprise Inc. The purchase of this safety equipment not to exceed $125,000.

BACKGROUND/ DISCUSSION:

In November of 2014, CPD became the first law enforcement agency in Napa County to utilize body worn cameras. CPD chose AXON body worn cameras as AXON (then under the brand of TASER) were leaders in body camera technology, the cameras were durable, the quality of video good, and the battery life of the cameras lasted through a 12-hour shift and longer. AXON body worn cameras also used Evidence.com as the video storage system which needed minimal city IT support and offered other storage capabilities such as the electronic storage of other video, photos, and electronic recordings. Evidence.com provides a cloud-based account for the District Attorney's office, allowing a seamless process of sending video and electronic evidence to the DA's office with the electronic submission of police reports for DA review and criminal filing. To date all agencies in Napa County use AXON body cameras except for one.

Item #7.5.

City Council Staff Report
AXON body camera and T ASER CEW replacement
March 15, 2022

The benefits of the use of body worn cameras still hold true:
1) Reduces liability.
2) Reduce citizen complaints through accurate documentation of police-public contacts, arrests, and critical incidents.
3) Assists in administrative and criminal investigations. 4) Facilitates and supports the accuracy and detail of criminal reports that ensures criminal filing and convictions.
5) Positively affects both the officer and public behavior, improving officer safety, ensuring professionalism, and gaining compliance of subjects. 6) Provides an ability to review police response to situations for training purposes and to identify training needs.
7) And contributes to a transparent agency with the purpose of instilling public confidence in the police department and improving community relations.

CPD officers have carried TASER CEWs for over two decades as a less than lethal force option. CEWs are a critical officer safety level of force which provides officers an option to deal with aggressive violent individuals too dangerous to go hands on and when not able to safely use the police baton or pepper spray. The ability to have the CEW option reduces the risk to officers and suspects as well as reduces the risk of having to use lethal force.

Like all forms of technology, equipment like body worn cameras and CEWs have a shorter life span compared to other mechanical tools as technology advances quickly.

It only takes a few short years before existing body worn cameras and CEW technology becomes antiquated or not supported. AXON body worn cameras have a life span of approximately 3 years and CEWs up to about 5 years. CPD can replace both our body worn cameras and CEWs through the AXON Core bundle plan. This bundle plan will cover all new equipment, maintenance, training, two additional replacements of body worn cameras, and unlimited video storage needs for the next 5 to 7.5 years.

The total cost of the AXON Core bundle plan is $121,848, paid over a 5-year payment plan in equal annual payments of $23,337 (see attached quote and Overview slide).

The bundle plan essentially covers 4 components:
1) 13 Body Worn Cameras and all associated accessories, docking stations, and maintenance support. Including two additional replacements of all 13 body cameras with the newest models in year 2 ½ and year 5 of the plan. This will provide for our body camera needs for minimally the next 7.5 years.
2) 13 Evidence.com licenses with unlimited storage, redaction, and variety of sharing capabilities for 5 years. This includes all upgrades that occur during the life of the plan.

This eliminates any additional storage costs in maintaining or storing video. This core plan provides for additional evidence storage features such as auto tagging into our Item #7.5.

City Council Staff Report
AXON body camera and TASER CEW replacement
March 15, 2022

current records management system and GPS location (see attached AXON Core Plan info sheet and CPD overview slide).
3) Twelve (12) Taser7 CEWs with all accessories, Safariland holsters, holster sensors, and unlimited live laser cartridges as needed during the life of the 5-year plan. 4) All training associated with Taser CEW program that includes instructor training, ruggedized target & frame, and training cartridges for annual qualifications for the life of the 5-year plan.

The AXON Core bundle plan provides many upgrades and features that include but not limited to:

Automatic body camera activation when the firearm is deployed from the holster.

Automatic body camera activation when the Taser7 is deployed, and the laser is arc'd.

User training for each year of the 5-year plan.
$10 million dollar liability coverage
Body camera GPS
Axon evidence and program management tools and ability to integrate with CPD computer aided dispatch and records management systems.

Replacing our body cameras and tasers via this bundle plan will provide police staff with tools and technology to provide excellent services, enhance safety for officers and the community, reduce liability, and provide for a transparent police department. The bundle plan provides CPD with AXON's top of the line equipment, accessories, and additional benefits that equate to approximately $55,625 in savings if purchased separately.

The implementation of this equipment and software requires integration with city infrastructure which may result in additional costs. These potential costs are unknown but is anticipated the costs to be minor considering we are already using Axon body cameras and Taser CEWs. To anticipate and have the funding to accommodate these additional costs resulting from CPD/City's infrastructure I am requesting the approved funding to be not to exceed $125,000.

Our existing State of California Citizen's Option for Public Safety (COPS) Grant fund balance at the end of this fiscal year is approximately $300,432. The COPS grant funds is specifically to support law enforcement operational purposes such as:
• To fund additional police officers.
• Overtime to increase police services.
• Civilian personnel when the civilian employee performs duties which will free police officers to perform law enforcement duties.
• To purchase equipment that will benefit "front line law enforcement." Item #7.5.

City Council Staff Report
AXON body camera and TASER CEW replacement
March 15, 2022

The COPS fund has the capacity to purchase the AXON body cameras and TASER CEWs via the AXON Core bundle plan. Utilizing the COPS funding eliminates the need to impact the General Fund Reserves.

CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:

This request supports and furthers the City Council's Goal of "Offer excellent professional services to all customers." The replacement of this equipment enhances CPD's ability to provide excellent and professional emergency police services as well as improve officer and public safety.

FISCAL IMPACT:

Transfer $125,000 from the police COPS grant fund account #41-4700-4799 to the Equipment Replacement fund account 15-3299-000 and expense account #15-4970- 4821.

ATTACHMENTS:

1. Resolution

2. Calistoga PD Overview slide

3. AXON Core Plan feature sheet

4. TASER Energy Weapon Program Comparison

5. Axon Enterprise, Inc. quote
Item #7.5.

ATTACHMENT 1
RESOLUTION 2022-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF

NAPA, STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXPEND

POLICE COPS GRANT FUNDS TO PURCHASE THE TASER CONDUCTED

ENERGY WEAPONS AND AXON BODY WORN CAMERA SYSTEMS FOR THE POLICE DEPARTMENT IN THE AMOUNT NOT TO EXCEED $125,000.

WHEREAS, the Police Department is in need to replace their AXON body worn cameras and Taser Conducted Energy Weapons (CEWs); and
WHEREAS, the Police Department can purchase the body cameras and CEWs via the AXON Core Bundle 5-year program at a cost of approximately $121,848, saving over $55,625 over 5 years if equipment purchased separately; and WHEREAS, the AXON Core Bundle plan provides three sets of body cameras to cover 7.5 years of service, CEWs for 5 years of service, and unlimited video storage for 5 years of service with many additional features and benefits; and WHEREAS, the body worn cameras are important to accurately document contacts between police and the public, reduces liability, promote a transparent agency, enhance professional police services, and assists in administrative and criminal investigations and criminal prosecution; and
WHEREAS, CEWs are a critical officer safety level of less than lethal force which provides officers an option to deal with aggressive violent individuals, reduces the risk to officers and suspects as well as reduces the risk of having to use lethal force; and WHEREAS, the implementation of this equipment and software requires integration with city infrastructure which may result in additional costs. Staff has requested the approval of total funding to be not to exceed $125,000; and WHEREAS, the police COPS grant funds has sufficient funds to purchase the body cameras and CEWs and accommodate the staff's request that approved funding be to not exceed $125,000; and
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Calistoga hereby authorizes the City Manager to expend COPS grant funds to purchase the AXON Body Worn Cameras and Taser CEWs via the AXON Core Bundle plan for the Police Department in an amount not to exceed $125,000 by transferring funds from COPS grant funds account #41-4700-4799 to the Equipment Replacement fund account 15- 3299-000 and expense account #15-4970-4821 .

Item #7.5.

PASSED, APPROVED AND ADOPTED this 15th day of March 2022. I, MARNI RITTBURG, 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:

Marni Rittburg, CMC, City Clerk Chris Canning, Mayor
Item #7.5.

CALISTOGA PD OVERVIEW
5-Year Contract
13 - Axon Body 3 Cameras w/ Warranty and Mounts
2 - 8 Bay Charging Docks w/ Warranty
Camera and Dock Refresh to Newest Model at Months 30 and 60 Auto-Tagging Licenses
Axon Respond Live BWC GPS Location
13 - Signal Sidearm Units to Activate BWC from Drawn Firearm 13 - Evidence.com Professional Licenses
Unlimited Axon Device Storage
420 GB Non-Axon Device Evidence Storage
Virtual Body Camera Set Up
12 - TASER 7 Handles w/ Rechargeable Batteries and Holsters 8 - Training Cartridges per TASER in Years 1 and 3 (4 Live and 4 HALT) 4 - Training Cartridges per TASER in Years 2, 4, and 5
1 - 6 Bay TASER Charging Dock (Batteries Last 30-45 Days) 5 Year Warranties on TASERS and Docks
Ruggedized Target and Frame
1 - Hook and Loop Training Suit
1 - TASER 7 Instructor Course Voucher
Unlimited Duty Cartridge Replenishment
Total 5-Year Cost w/ Tax
$121,847.79
Item #7.5.

ATTACHMENT 3
AXON CORE PLAN JiAXON
The Axon Core bundles are designed specifically with agencies under 100 sworn in mind, to help you benefit from the best of Axon's connected, mission-critical technologies in an affordable cost structure that works for you. With our Core and Core+ plans. you'll get substantial savings on our industry-leading devices and powerful software to take your Axon technology program to the next level for a fraction of the cost. Receive everything you need to connect your TASER 7 de-escalation devices to your Axon Body 3 cameras to capture the truth in the moment, and streamline your evidence management with Axon Evidence's scalable capabilities.

WHAT'S INCLUDED ($139 PER USER PER MONTH):

A COMPREHENSIVE ENERGY WEAPON PROGRAM
TASER 7 CQ (CLOSE QUARTERS)
Receive Axon's TASER 7 CQ, built exclusively for de-escalation in close quarters (up to 12 feet), where most TASER deployments occur. Everything you need for an effective TASER program is included - holsters, cartridges, rechargeable batteries, instructor training, end-user training and access to ongoing online training content.

For $159 per user per month, upgrade to the Axon Core+ Plan, which includes the TASER 7. our most effective and connected device ever, in place of the TASER 7 CQ.

TASER 7 CQ DOCK plan value: $49/mo
TASER 7 CERT plan value: $69.65/mo

THE CAMERA FOR TRUTH IN THE MOMENT
AXON BODY 3 WITH RESPOND
Unlock added value with Axon's connected camera, Axon Body 3, where advanced imaging and audio meet real-time services. Axon Core users benefit from unparalleled situational awareness with Axon Respond for Devices licenses, which enable alerts, live maps and streaming.

Axon Respond for Devices+ value: $18/mo

AXON SIGNAL
Capture vital footage by adding sensors to your holster and within your vehicle to automatically alert your Axon Body 3 camera to start recording when your TASER device or firearm is removed.

Axon Signal Sidearm value: $13/mo

THE EVIDENCE AND PROGRAM MANAGEMENT TOOLS YOU NEED
•

AXON EVIDENCE
Axon Evidence is a OEMS for the demands of modern policing. Feature-rich, cloud-based and scalable, this system makes it easy to manage, access and share digital evidence while maintaining security and chain of custody. Your license also includes 100 minutes of auto-transcription.

Axon Evidence Unlimited license value: $106/mo

AUTO-TAGGING
Take information from your existing CAD/RMS to automatically add metadata to your videos on Axon Evidence.

Auto-Tagging value: $9/mo
Item #7.5.

AXON CORE:

TOTAL VALUE SOLD SEPARATELY: $200/USER/MO
TOTAL COST WITH CORE: $139/USER/MO
CORE PLAN DISCOUNT: 31%
TOTAL 5-YEAR SAVINGS FOR 50 OFFICERS: $183,000
AXON CORE+:

TOTAL VALUE SOLD SEPARATELY: $218/USER/MO
TOTAL COST WITH CORE+: $159/USER/MO
CORE+ PLAN DISCOUNT: 27%
/ TOTAL 5-YEAR SAVINGS FOR 50 OFFICERS: $177,000
.A, .t..AXON, Axon . and TASER 7 are trademarks of Axon Enterprise, Inc .. some of which are registered in the US and other countries.

For more information, visit www.axon.com/ legal. All rights reserved . © 2021 Axon Enterprise. Inc. ~ Item #7.5.

ATTACHMENT 4
TASER ENERGY WEAPON PROGRAM COMPARISON ~AXON
WHICH TASER PROGRAM IS BEST FOR YOU?
At Axon, we're committed to working with agencies to help build out the TASER energy weapon program that best fits their needs. We offer multiple plans to accommodate different budgets and product preferences.

Please reference the chart below to better understand our TASER energy weapon product offerings.

PRODUCT TECHNICAL FEATURES
fjD
TASER7 TASER7CQ TASER X2 TASER X26P
Two cartridge types for Close Single cartridge type Quarters and Stand-Off and single laser, Double-shot legacy Single-shot situations, with dual laser exclusively for close- weapon (released 2011). legacy weapon including range adjusting (released 2013).
lower laser. range encounters.

Close-range X X optimized cartridges
Stand-off cartridges X
Tilt-select X cartridge swap
Dual lasers X X
Green laser X
Spiral darts X X
Warning arc X X X
Backup shot X X X
Axon Signal compatible X X X X
Item #7.5.

PRODUCT TECHNICAL FEATURES
Unlimited duty cartridges
Dock and walk workflow
Automatic assignment via
Axon Device Manager
Inventory management via
Axon Evidence
Online Axon Academy
training coursework
HALT suit
Training target
Instructor training vouchers
TASER7

CERTIFICATION PLAN
X
X
X
X
X
X
X
X
INTERESTED TO LEARN MORE?
TASER7CQ

BUDGET PLAN
X (as add-on)
X
X
X
TASER X2 TASER X26P
X (as add-on) X (as add-on)
Please contact your TASER representatives for more information on our energy weapon plans and bundles . .6., .6. AXON, Axon, and TASER are trademarks of Axon Enterprise, Inc., some of which are registered in the US and other countries.

For more information, visit www.axon.com/legal. All rights reserved . © 2021 Axon Enterprise, Inc Item #7.5.

~ Axon Enterprise, Inc.
17800 N 85th St.

Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737
Business;Delivery;lnvoice-1235
Washington St
1235 Washington St
Calistoga, CA 94515-1439
USA

PAYMENT PLAN

PLAN NAME
Year 1
Year2
Year3
Year4
Year 5
1 Calistoga Police Dept. - CA
1235 Washington St
Calistoga, CA 94515-1439
USA
Email:
$116,681.27
$121,847.79
•
Matt Appelbaum
Phone:

Email: [email protected]
Fax:

Bundle Savings
Additional Savings

TOT AL SAVINGS

INVOICE DATE
Mar, 2022
Mar, 2023
Mar, 2024
Mar, 2025
Mar, 2026
ATTACHMENT 5
Q-360139-44621.933MA
Issued: 03/01 /2022
Quote Expiration: 03/31/2022
EST Contract Start Date: 04/15/2022
Account Number: 155083
Payment Terms: N30
Delivery Method: Fedex - Ground
Kristine Romo
Phone: (707) 942-2814
Email: [email protected]
Fax:
$41,915.97
$13,709.33
$55,625.30

AMOUNT DUE
$23,336.27
$23,336.25
$23,336.25
$23,336.25
$23,336.25
Q-360139-44621.933MA
Item #7.5.

Quote Details
Bundle Summary
Item Descrietion QTY
AB3C AB3 Camera Bundle 12
AB3MBD I AB3 Multi Bay Dock Bundle I 2
Prolicense Pro License Bundle 1
DynamicBundle ! Dynamic Bundle I 1
DynamicBundle Dynamic Bundle 1
CoreBWC 2021 Core BWC 1
Core+Renewal 2021 Core+ Renewal 12
Descrietion
Camera 73202 AXON BODY 3 - NA10- US - BLK - 12 $699.00 100.00% $0.00 $0.00 I $0.00 RAPID LOCK Camera Mount 74020 MAGNET MOUNT, FLEXIBLE, AXON 14 I $0.00 I 0.00% $0.00 . $0.00 $0.00 RAPID LOCK USB 11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 14 $0.00 0.00% $0.00 $0.00 $0.00 Descrietion
Dock 74210 AXON BODY 3 - 8 BAY DOCK
I NORTH AMER POWER CORD FOR AB3 8- 2 Power Cord 71019 i $0.00 0.00% $0.00 I $0.00 I $0.00 BAY, AB2 1-BAY / 6-BAY DOCK WALL MOUNT BRACKET, ASSY, Wall Mount 70033 2 $43.90 100.00% $0.00 $0.00 I $0.00 EVIDENCE.COM DOCK Description
PROFESSIONAL EVIDENCE.COM LICENSE $0.00 ·
2 Q-360139-44621.933MA
Item #7.5.

A La Carte Storage 73683 10 GB EVIDENCE.COM A-LA-CART
STORAGEDescription

VIRTUAL BODYCAM STARTER
Description

HOOK-AND-LOOP TRAINING (HALT) SUIT
TASER? INSTRUCTOR COURSE VOUCHER 1
3 $0.00 0.00%
Bundle: 2021 Core BWC Quantity: 1 Start: 4/15/2022 End: 4/14/2027 Total: 7140 USD ... eao Descri~ion QTY List Price Discount
ana1 ::>1aec rm Kit 75015 SIGNAL SIDEARM KIT 1 $249.00 9.47% Camera Warranty 80464 EXT WARRANTY, CAMERA (TAP) I 1 I $11 .67 9.47% E.com License 73746 PROFESSIONAL EVIDENCE.COM LICENSE 1 I $39.00 9.47% Resoond License 73449 RESPOND DEVICE LICENSE 1 I $5.00 9.47% Device Storage 73686 EVIDENCE.COM UNLIMITED AXON DEVICE 1 I $24.00 9.47% STORAGE Auto Taoaina 73682 AUTO TAGGING LICENSE I 1 I $9.00 9.47% Camera Refresh 1 with 73309 AXON CAMERA REFRESH ONE 1 $755.00 9.47% SQares ' Camera Refresh 2 with 73310 ! AXON CAMERA REFRESH TWO 1 1 $790.00 9.47% SQares A La Carte Storage 73683 10 GB EVIDENCE.COM A-LA-CART 3 $0.40 9.47% STORAGESignal Sidearm Batteries 71044 BATTERY, SIGNAL SIDEARM, CR2430 2 I $1.00 9.47% SINGLE PACK Camera 73202 · AXON BODY 3 - NA10- US- BLK- 1 $699.00 9.47% RAPID LOCK Camera Mount I 74020 I MAGNET MOUNT, FLEXIBLE, AXON
RAPID LOCK 2 I $0.00 ' 0.00%
USB 11534 USB-C to USS-A CABLE FOR AB3 OR FLEX 2 2 $0.00 0.00% 3 $0.00 $0.00 $0.00
$0.00 ·
$0.00 .

Tax Net Price 01a11u~ □
$17.48 , $225.41
$49.12 $10.56 $633.87
$0.00 $35.31 $2,118.32
$0.00 $4.53 $271 .58
$0.00 $21.73 $1,303.58
$0.00 $8.15 $488.84
$52.97 $683.47 $683.47
$55.42 $715.16 I $715.16
$0.00 $0.36 I $65.18
$0.14 $0.91 I $1.81
$49.04 $632.78 I $632.78
$0.00 : $0.00 $0.00
$0.00 $0.00 $0.00
Q-360139-44621.933MA
Item #7.5.

g ~ Descrietion
E.com License 73746 PROFESSIONAL EVIDENCE.COM LICENSE
· Device Storage 73686 EVIDENCE.COM UNLIMITED AXON DEVICE 12 I $24.00 27.73% $0.00 $17.34 I $12,487.79 STORAGE A La Carte Storage 73683 10 GB EVIDENCE.COM A-LA-CART 36 $0.40 27.73% $0.00 $0.29 $624.39 STORAGEResoond License i 73449 RESPOND DEVICE LICENSE 12 $5.00 27.73% $0.00 $3.61 $2,601 .62 Auto Taaaina 73682 AUTO TAGGING LICENSE 12 $9.00 I 27.73% $0.00 $6.50 $4,682.92 Auto Tagging I 79999 AUTO TAGGING/ PERFORMANCE 1 $0.00 0.00% $0.00 i $0.00 $0.00 Implementation IMPLEMENTATION SERVICE SiQnal Sidearm Kit I 75015 SIGNAL SIDEARM KIT 12 ' $249.00 27.73% $167.35 i $179.95 $2,159.35 Camera Warranty I 80464 EXT WARRANTY, CAMERA (TAP) I 12 I . $11 .67 27.73% $470.59 $8.43 $6,072.19 Camera Refresh 1 with 73309 1 AXON CAMERA REFRESH ONE 12 $755.00 27.73% $507.43 • $545.62 $6,547.42 Spares . Camera Refresh 2 with I 73310 AXON CAMERA REFRESH TWO 12 $790.00 27.73% $530.95 I $570.91 $6,850.94 S ares Warrant 80465 EXT WARRANTY, MULTI-BAY DOCK TAP 2 $21 .00 27.73% $141 .13 I $15.18 $1,821 .14 Multi-bay Dock Refresh 73689 MUL Tl-BAY BWC DOCK 1 ST REFRESH I 2 I $1,610.00 27.73% $180.34 $1 ,163.50 $2,327.01 1 Multi-bay Dock Refresh 73688 MULTI-BAY BWC DOCK 2ND REFRESH I 2 $1 ,685.00 27.73% $188.75 · $1,21?.?o I $2,435.41 2 Signal Sidearm Batteries I 71044 ! BATTERY, SIGNAL SIDEARM, CR2430 24 $1.00 I 27.73% $1.35 I $0.72 I $17.34 SINGLE PACK Holsters 20160 TASER 7 HOLSTER - SAFARILAND, 12 $84.24 27.73% $56.61 $60.88 $730.54 RH+CART CARRIER Handle License 20248 TASER 7 EVIDENCE.COM LICENSE 12 $5.00 27.73% $0.00 I $3.61 $2,601 .62 Live Cartridges 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5- 36 $38.95 27.73% $78.53 1 $28.15 $1,013.33 DEGREE) NS Live Cartridges I 22176 TASER 7 LIVE CARTRIDGE, CLOSE 36 $38.95 27.73% $78.53 $28.15 I $1 ,013.33 QUARTERS (12-DEGREE) NS Handles 20008 . TASER 7 HANDLE, YLW, HIGH VISIBILITY 12 $1,810.00 27.73% $1 ,216.4 $1,308.04 I $15,696.46 1 (GREEN LASER), CLASS 3R 8 Inert Cartridges 22179 TASER? INERT CARTRIDGE, STANDOFF 12 $50.23 I 27.73% $33.77 $36.30 I $435.60 (3.5-DEGREE) NS Inert Cartridges 22181 , TASER? INERT CARTRIDGE, CLOSE 12 $50.23 27.73% $33.77 $36.30 $435.60 QUARTERS 12-DEGRE NS Admin License 20248 TASER 7 EVIDENCE.COM LICENSE I 1 I $5.00 27.73% $0.00 $3.61 $216.80 T aser 7 Tara et 80087 ; TASER 7 TARGET, CONDUCTIVE, I 1 I $157.95 27.73% $8.85 $114.15 $114.15 4 Q-360139-44621.933MA
Item #7.5.

PROFESSIONAL (RUGGEDIZED)
Taser 7 Target Frame 80090 TARGET FRAME, PROFESSIONAL, 27.5 IN . 1 $78.98 27.73% $4.43 $57.08 $57.08 X 75 IN., TASER 7 Training Live Cartridges 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5- 24 $38.95 27.73% $52.36 $28.15 $675.56 DEGREE)NS Training Live Cartridges 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5- 24 $38.95 27.73% $52.36 $28.15 $675.56 DEGREE) NS Training Live Cartridges 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5- 24 $38.95 27.73% $52.36 $28.15 $675.56 DEGREE)NS Training Live Cartridges 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5- 24 $38.95 27.73% $52.36 $28.15 $675.56 DEGREE) NS Training Live Cartridges 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5- 24 $38.95 27.73% $52.36 $28.15 $675.56 DEGREE)NS Training Live Cartridges 22176 TASER 7 LIVE CARTRIDGE, CLOSE 24 $38.95 27.73% $52.36 $28.15 $675.56 QUARTERS (12-DEGREE) NS Training Live Cartridges 22176 TASER 7 LIVE CARTRIDGE, CLOSE 24 $38.95 27.73% $52.35 $28.15 $675.56 QUARTERS (12-DEGREE) NS Training Live Cartridges 22176 TASER 7 LIVE CARTRIDGE, CLOSE 24 $38.95 27.73% $52.35 $28.15 $675.56 QUARTERS (12-DEGREE) NS Training Live Cartridges 22176 TASER 7 LIVE CARTRIDGE, CLOSE 24 $38.95 27.73% $52.35 $28.15 $675.56 QUARTERS (12-DEGREE) NS Training Live Cartridges 22176 T ASER 7 LIVE CARTRIDGE, CLOSE 24 $38.95 27.73% $52.35 $28.15 $675.56 QUARTERS (12-DEGREE) NS Batteries 20018 TASER 7 BATTERY PACK, TACTICAL 14 $90.56 27.73% $71.01 $65.45 $916.23 Training Halt Cartridges 22177 TASER 7 HOOK-AND-LOOP TRN (HALT) 24 $38.95 27.73% $52.35 $28.15 $675.56 CARTRIDGE, STANDOFF NS Training Halt Cartridges 22177 TASER 7 HOOK-AND-LOOP TRN (HALT) 24 $38.95 27.73% $52.35 $28.15 $675.56 CARTRIDGE, STANDOFF NS Training Halt Cartridges 22178 TASER 7 HOOK-AND-LOOP TRN (HALT) 24 $38.95 27.73% $52.35 $28.15 $675.56 CARTRIDGE, CLOSE QUART NS Training Halt Cartridges 22178 TASER 7 HOOK-AND-LOOP TRN (HALT) 24 $38.95 27.73% $52.35 $28.15 $675.56 CARTRIDGE, CLOSE QUART NS Duty Cartridge 20246 TASER 7 DUTY CARTRIDGE REPLACEMENT 12 $2.50 27.73% $100.81 $1.81 $1,300.81 Replenishment Program LICENSE Docks 74200 TASER 7 6-BAY DOCK AND CORE 1 $1 ,500.00 27.73% $84.01 $1 ,084.01 $1 ,084.01 Dock Mount 70033 WALL MOUNT BRACKET, ASSY, 1 $43.90 27.73% $2.47 $31.73 $31.73 EVIDENCE.COM DOCK Dock Power Cord 71019 NORTH AMER POWER CORD FOR AB3 8- 1 $10.45 27.73% $0.58 $7.55 $7.55 BAY., AB2 1-BA Y / 6-BA Y DOCK Other 80395 EXT WARRANTY, TASER 7 HANDLE 12 $6.58 27.73% $216.69 $4.76 $2,796.05 Other 80374 EXT WARRANTY, TASER 7 BATTERY PACK 14 $0.44 27.73% $16.91 $0.32 $218.13 5 Q-360139-44621.933MA
Item #7.5.

[ Other 80396 ] EXT WARRANTY, TASER 7 SIX BAY DOCK $6.58 I 27.73% $1s.os I $4.76] $233.oo l Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.
6 Q-360139-44621.933MA
Item #7.5.

Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:

ACEIP:

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon's Master Services and Purchasing Agreement (posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below.

The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.

Acceptance of Terms:

Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. 7 Q-360139-44621.933MA
Item #7.5.

Exceptions to Standard Terms and Conditions
Agency has existing contract #00060893 (originated via Q-143626) and is terminating that contract upon the new license start date (3/15/2022) of this quote.

The parties agree that Axon is granting a refund of $1,078.78 to refund paid, but undelivered services. This discount is based on a ship date range of 2/15/2022- 2/28/2022, resulting in a 3/15/2022 license date. Any change in this date and resulting license start date will result in modification of this discount value which may result in additional fees due to or from Axon.
8 Q-360139-44621.933MA
Item #7.5.

Signature Date Signed
3/1/2022
9 Q-360139-44621.933MA
Item #7.5.

CITY OF CALISTOGA
STAFF
REPORT
TO: Honorable Mayor and City Council
FROM: Derek Rayner, Public Works Director/City Engineer DATE: March 15, 2022
Item #7.6
SUBJECT: Consideration of a Resolution Accepting a Donation for a Memorial Bench and Approving a Budget Adjustment
Approved by
k 0~~
Laura Snideman, City Manager

DESCRIPTION
Consider adopting a Resolution Accepting a Donation from Brian Durnian and Darlene Brissard of Calistoga Realty, Margaret Law, Julie Taylor, Mary Givens and Nancy PutneyAbernathy for a Memorial Bench and Approving a Budget Adjustment in the Amount of $4,189.

RECOMMENDATION
Consider adopting the resolution and approving a budget adjustment.

BACKGROUND
The Public Works Department has received an offer from Brian Durnian and Darlene Brissard of Calistoga Realty, Margaret Law, Julie Taylor, Mary Givens and Nancy PutneyAbernathy for a donation in the amount of $4,189.17 to purchase and install a six-foot memorial bench with an engraved plaque memorializing Sharon Carone. They have requested that the bench be installed along the path behind the Police Department at the furthest Southeast end.

Item #7.6.

Cost of Bench and Installation
6' Cast Bench, Steel Seat, black powder coat $1,506.00
Zinc Etched Plaque 380.00
Napa Co Tax 7.75% 146.17
Freight 495.00
Installation by Public Works Staff 1,662.00
Total Donation $4,189.17

FINANCIAL IMPACT
The acceptance of the donation requires a budget adjustment in the amount of $4,189 to account 01-3289 and the expenditure of the donation to purchase and install the memorial bench from account 0 1-4123-4401.

ATTACHMENTS:

1. Draft Resolution

2. Ross Recreation Quote

3. Photo of Site
Item #7.6.

ATTACHMENT 1
RESOLUTION 2022-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF

NAPA, STATE OF CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF A

DONATION FROM BRIAN DURNIAN AND DARLENE BRISSARD OF CALISTOGA

REALTY, MARGARET LAW, JULIE TAYLOR, MARY GIVENS AND NANCY

PUTNEY-ABERNATHY AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $4,189
WHEREAS, the Public Works Department has received an offer of a donation in the amount of $4,189.17 from Brian Durnian and Darlene Brissard of Calistoga Realty, Margaret Law, Julie Taylor, Mary Givens and Nancy Putney-Abernathy to purchase and install a six-foot memorial bench memorializing Sharon Carone; and WHEREAS, staff has determined that the funds would be sufficient to purchase and install a six-foot memorial bench along the path behind the Police Department at the furthest Southeast end; and
WHEREAS, the Public Works Department recommends acceptance of the donation and approval of the bench installation.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CALISTOGA DOES HEREBY find the following:

1. The City Council of the City of Calistoga hereby authorizes the acceptance of a donation in the amount of $4, 189.17 from Brian Durnian and Darlene Brissard of Calistoga Realty, Margaret Law, Julie Taylor, Mary Givens and Nancy PutneyAbernathy for the purchase and installation of a six-foot memorial bench to be installed along the path behind the Police Department at the furthest Southeast end; and

2. The City Council of the City of Calistoga hereby approves a budget adjustment in the amount of $4, 189 to account 01-3289 and the expenditure of the donation to purchase and install the memorial bench from account 01-4123-4401.

PASSED, APPROVED AND ADOPTED this 15th day of March 2022. I, MARNI RITTBURG, 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:

Marni Rittburg, CMC, City Clerk Chris Canning, Mayor
Item #7.6.

Recreation Equipment
Building Community since 1973
Bill To Name
Bill To

1.00 I 58-60
Calistoga, City of
1232 Washington Street
Calistoga, Califo1 nia 94515
United States
' 6' CAST BENCH, STEEL SEAT
Opportunity Name Carone Memorial Bench
Quote Name
Quote Number
Quote Date
Quote Exp Date
Est Lead Time
Ship To Name
Ship To
Carone Memorial Bench
00037585
2/22/2022
3/22/2022
8-12 weeks
Calistoga, City of
City of Calistoga
414 Washington St
Calistoga, California 94515
United States

1.00 I PLAQUE METAL I PLAQUE-033523 2" X 10" X 3/8" ZINC ETCHED PLAQUE $1,506.00
$380.00 I
Total Quote Amounts
County/ City Tax
Tax Rate
Credit Tem,s
Notes to Customer
Napa County

7.7500%
Net 30 On Materials Shipment
Materials Amount
Tax Amount
Labor Amount
Freight Amount
Total
Thank you for the opportunity to quote your upcoming project. PLEASE NOTE: quote does not include installation, offload, payment and perfom,ance bonds, engineering calculations, security, storage, permits. inspection. or safety surfacing unless otherwise noted. Unless noted, freight costs assume semi-truck access and do not include a lift-gate.

Deposits may be required before order can be placed depending on customer credit te1ms. Your purchase is subject to the terms and conditions of this quote, approval of this quote agrees to those terms.

If ordering materials after the expiration date, please add 5--10% annually to materials for anticipated price increase. If this is for a bid. ii is the responsibility of the General Contractor bidding to adjust their bid to accommodate anticipated pricing.

Please also note that sales tax will be based on the current rate at the time of shipping, not order date. Customer will be expected to cover these taxes.

Ross Recreation will provide labor using a subcontractor for all installation and labor quoted. Neither Ross Recreation nor our subcontractors are signatory to any unions, however compliance with prevailing wage rate requirements will occur. If union enrollment is required by our subcontractor for completion of this project, Ross Recreation will requi1·e a change order to cover the costs of a per project enrollment and additional wage/benefit r·equirements Signature _____________ ___ _
Name _________________ _
Title ____________ _
Date ________________ __ _
Prepared By
Email
Jon Bawden
[email protected]
100 Brush Creek Road, Suite 206, Santa Rosa, California 95404 p 855.892,3240 • rossrec.com • Contractors License #520752 • DIR #1000003500 • TaxlD #68-0103540 ATTACHMENT 2
$1,506.00
$380.00
$1,886.00
$146.17
$0.00
5495.00
$2,527.17
Item #7.6.

11----- 27 9/16" -----1 -------------- 71 3/4" ( 5&-60-001 ) --------------1 I- 95 3/4' ( 5&-80-QOI ) OuNor inc.

CAST LEG
I 14 5/8"
I
17 1/16"
J
9/18" f
HOL£S
-
'I\
....

I-
-
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I
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- ..... - -
- - - - r- - - r-
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2· X 10" I P~QUE ~
r- - - r- - - - ..J. - - r- - - r- - - - ,-
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t- - t- .... I- .... - - - - t- t- rI- t- - - t- - r- .... .... .... tII BP:l:flfilr Ill HI " ....

I= I= I= I= i= i= E i= F F i= I= la I= I= F rt- t- .... I- - - - -1- - - - - - - - - - - - - - - - - r-
- 2• SCH 40 SIL PIPE
( 2 3/8" 0.0. )
\_ 3/4" SCH. 40 - SlL PIPE
( 1 1/16' 0.0.)
1---- 17" ----1 73' ( 58-60-001 l ---------------1 11 - -------------- 97" ( se-ao-001 l

LENGTH OPTIONS
□ 6' BENCH
□ 8' BENCH
NOTES

1.) ALL STL MEMBERS COATED W/ ZINC RICH EPOXY THEN FINISHED W/ POLYESTER POWDER COATING.

2.) 1/2" X 3 3/4" EXPANSION ANCHOR BOLTS PROVIDED.

3.) CUSTOM LETTERING AVAILABLE FOR RECESSED SIDE PANELS ( TOTAL OF 37 SPACES ).
□ CUSTOM LETTERING ( 37 SPACES )
DuMor_!
---·· inc. BENCH
DATE ORAWH : 11/19/02
DRAWN BY : COC
1),6.JE Rf.\/. : 00/00/00
REV. BY : XXX
REV. I DRAWING
NUMBER
A
58 SERIES QO 1
FOR 2" X 1 O" PLAQUE
SHEET
1 OF 2
Item #7.6.

G)
@
@)
~

PLACE SEAT ASSEMBLY ON WORK SURFACE ALLOWING ACCESS TO END THEN PLACE RATCHET STRAP AROUND SEAT ASSEMBLY AS SHOWN ABOVE.

ATTACH CASTING TO SEAT ASSEMBLY USING 1/2" x 2 1/2" FLAT SOCKET HEAD CAP SCREWS. IF HOLES IN CASTING DO NOT ALIGN WITH THE SEAT ASSEMBLY, ADJUST BY USING THE RATCHET STRAP.

I@
®
-··
-- ASSEMBLY

INSTRUCTIONS
DATE DRAWN : \0/20/08
DRAWN BY : ESS
DuMor.l inc. DATE R£V, : 00/ 00/ 00
REV. !lY : lCX~

I PARTS UST
IIDI I QlY PART NO DESCRIPTION
2 D-57-00-02 CAST IRON !OCH SUPPORT W/BKJ<.
2 1 D-57-60--04 71 3/',' PIPE BRACE
3 1 0-58-60-«ll-01 6' sn. SEAT FOR 2Xf0 l'l.Q
4 6 1-12-D65 1/2" X 2 1 /2" FLT SKT Ill r.AP SCR
KfTS PROVIDED
IIDI QTY PART NO DESCAf'llON
5 1 K-ANC0860-', f/2' X 3 3/4' SS NICHOR l<lT (4PC)
e f K-FC08~-6 1 /2" CN' HARDWARE KIT (6PC)
NOTES: TOOLS REQ'D

1.) DURING ASSEMBLY PROCEDURE"; J/4" WRENCH
DO NOT COMPLETRY TIGHTEN HARDWME. 5/16" AillN WRENCH

2.) THE ACTIJAL PARTS Will NOT BE NUMBERED. 1/2' MASONRY DRlll err NUMBERS ONLY APPLY TO DRAWING. MU J.) UPON Cot.FlfTION OF ASSEMBLY SQUME RATCHET SlRAP (PROVIDED) ALL COMPONENTS THEN TIGKTEN All HARDWARE.

4.) MOUNT AND ANCHOR AS SPECIFIED.

TIGHTEN STRAP UNTIL SHIPPING BRACKET BECOMES LOOSE. THEN REMOVE AND DISCARD BOLTS & SHIPPING BRACKET.

TIGHTEN HARDWARE THEN REMOVE RATCHET STRAP AND REPEAT THIS PROCEDURE ON THE OTHER END OF BENCH.

REV. I DRAWING
NUMBER
A
58 SERIES QO1
FOR 2" X 1 O" PLAQUE
SHEET
2 OF 2
Item #7.6.

Come sit wit Sharon
Sharon Carone lived in and loved Calistoga from 1978-2021

INTERNAL USE ONLY
PLQ ORDERED: X1 APPROVED SO /REP:
0 REJECTED ITEM:
~u -~ QTY: -® Dul\/lor®
BY 7~ DATE tjz-z/f-;y- SITE FURNISHINGS ,.__E_S_T_: ------..J PLAQUE-033523-11
2" X 1 O" PLAQUE 2/18/2022

PLAQUE NOT TO SCALE
Item #7.6.

Item #7.6.

Item #7.7

CITY OF CALISTOGA
STAFF
REPORT
TO: Honorable Mayor and City Council
FROM: Marni Rittburg, City Clerk
DATE: February 15, 2022
SUBJECT: Affirm Resolution No. 2021-071 to Conduct Teleconferenced Public Meetings Pursuant to Assembly Bill 361 (AB 361)
Approved by
Laura Snideman, City Manager

DESCRIPTION
Consider affirming Resolution 2021-071 findings related to the state of emergency due to COVID-19 authorizing the City Manager to continue implementing teleconference accessibility to conduct public meetings pursuant to Assembly Bill 361.

RECOMMENDATION
Staff recommends the City Council affirm Resolution 2021-071 findings in accordance with the provisions and findings of AB 361 to continue virtual/teleconference meetings of the City Council and City Boards, Commissions, and Committees after September 30, 2021.

BACKGROUND AND DISCUSSION
On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which among other things rescinded his prior Executive Order N-29-20 and set a date of October 1, 2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act. With the surge of COVID-19 Delta Variant cases and the Executive Order N-08-21 sunsetting on September 30, 2021, Assembly Bill 361 (AB 361) was signed by Governor Newsom on September 16, 2021. AB 361 provides an alternative to the teleconferencing requirements of Government Code Section 54953(b)(3) if there is a state of emergency, and the legislative body makes certain factual findings regarding the state of emergency.

When there is a continuing state of emergency, or when state or local officials have imposed or recommended measures to promote social distancing, AB 361 requires a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting pursuant to AB 361, and to make those findings every 30 days thereafter, to continue to meet under these abbreviated teleconferencing procedures.

Item #7.7.

AB 361 amends Government Code Section 54953 to provide an alternative to having the public access the locations where City Councilmembers are teleconferencing in from. In order to have teleconference public meetings, without providing access to City Councilmember's private residences, the City Council adopted Resolution 2021-071 stating that they have reconsidered the circumstances of the COVID-19 state of emergency and that the following circumstances exist:

1. The state of emergency as a result of COVID-19 continues to directly impact the ability of the members of City Council and the members of the City's subordinate Committees, Commissions, and Boards to meet safely in person; and

2. The State of California and the City of Calistoga continue to impose or recommend measures to promote social distancing.

AB 361 requires City Council to make these findings every 30 days to continue teleconference meetings. On October 5, 2021, Council adopted Resolution 2021-071, making the required findings under AB 361 and authorizing the City Manager to implement teleconference accessibility to conduct public meetings. Council affirmed Resolution 2021-071 on November 2, 2021. Staff will continue to agendize this item once a month until the state of emergency is over, or City Council no longer believes teleconference meetings are necessary.

The City is continuing to impose and recommend social distancing. For instance:
• Requiring staff and the public to wear masks inside City buildings; • Posting COVID-19 safety measures on doors and the City's website; • Placing hand sanitizer stations in City Hall and other public buildings.

AB 361 also has several requirements to make sure that the public is able to watch and make public comments during the teleconferenced public meetings. These requirements include:
• Providing notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a callin option or an internet-based service option. • The Legislative Body cannot take further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments, until public access is restored. • Prohibiting the legislative body from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time.
• Prohibiting the legislative body from closing the public comment period until the public comment period has elapsed or until a reasonable amount of time has elapsed.

The City has already implemented the above stated requirements for conducting public meetings and is in full compliance with AB 361 and there will be no change to the currently established teleconference procedures.

The goal of AB 361 is "to improve and enhance public access to local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options" consistent with Executive Order N-29-20. AB 361 will sunset on January 1, 2024.

Item #7.7.

Though adopted in the context of the pandemic, AB 361 allows for virtual meetings during other state-proclaimed emergencies, such as wildfires and earthquakes, where physical attendance may present a risk.

In the meantime, staff will continue to work with Napa Valley TV and Marin IT to install the necessary pieces of equipment and undergo testing to ensure that the Community Center is ready to go back to in-person meetings with a virtual hybrid component.

On October 5, 2021, Council adopted Resolution No. 2021-071 making the required findings under AB 361 in order to allow the City to continue to offer teleconference accessibility for public meetings after September 30, 2021, to help mitigate the spread of COVID-19.

As noted above, Council must reconsider the state of emergency due to COVID-19 every 30 days and affirm the findings under Resolution No. 2021-071 in order to continue to allow teleconference accessibility for conducting public meetings.

FINANCIAL IMPACT
There are no direct financial impacts from enactment of the proposed Resolution .

There has been some discussion regarding conducting "hybrid" meetings. It should be noted that it is anticipated there would be significant fiscal impact associated with conducting "hybrid" public meetings, as such an approach would require additional IT technology resources and additional staffing at meetings by the City Clerk's Office.

ATTACHMENT

1. Resolution 2021-071
Item #7.7.

Attachment 1
RESOLUTION 2021-071

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF

NAPA, STATE OF CALIFORNIA, AUTHORIZING THE INTERIM CITY MANAGER TO

IMPLEMENT TELECONFERENCED PUBLIC MEETINGS FOR CITY COUNCIL AND

ALL CITY COMMITTEES, COMMISSIONS AND BOARDS PURSUANT TO ASSEMBLY BILL 361
WHEREAS, COVID-19 is a respiratory disease which has now spread across the globe, with thousands of confirmed cases in California, including the City of Calistoga; and WHEREAS, on January 31, 2020, the United States Secretary of Health and Human Services declared a public health emergency based on the threat caused by COVID-19, and the President of the United States issued a Proclamation Declaring a National Emergency Concerning COVID-19 beginning March 1, 2020; and
WHEREAS, in response to COVID-19, the Governor of the State of California issued a Proclamation of a State of Emergency on in response to COVID-19 on March 4, 2020; and
WHEREAS, on March 16, 2020, the City Manager of the City of Calistoga proclaimed the existence of a local emergency related to the COVI D-19 threat; and WHEREAS, the Calistoga City Council has the explicit power"to proclaim the existence or threatened existence of a "local emergency" if the city council is in session" or ratify the proclamation of a "local emergency" if the City Manager declares one while Council is not in session; Accordingly, this authority resides with City Council not with any of the Committees, Commissions, and Boards; and
WHEREAS, on March 20, 2021, City Council ratified the local emergency declaration proclamation by the City Manager related to COVID-19 with Resolution No. 2020-020; and WHEREAS, to mitigate the spread of COVID-19 the Centers for Disease Control and Prevention recommends that people" Avoid Crowded Spaces," "Choose events that take place outside with enough space for attendees to stay at least six-feet apart"; and WHEREAS, on March 17, 2020, the Governor issued Executive Order N-29-20, which suspended and modified the teleconferencing requirements under the Brown Act (California Government Code Section 54950 et seq.) so that legislative bodies can hold public meetings via teleconference (with audio or video communications, without a physical meeting location), as long as the meeting agenda identifies the teleconferencing procedures to be used; and WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which extended the provision of N-29-20 concerning the conduct of public meetings through September 30, 2021; and
WHEREAS, since issuing Executive Order N-08-21, the Delta variant has emerged causing spikes in COVID-19 cases throughout the state; and WHEREAS, California Assembly Bill 361 was signed into law on September 16, 2021, and amended Government Code Section 54953; and
Item #7.7.

Resolution No. 2021-071

WHEREAS, AB 361 has several requirements to make sure that the public is able to watch and make public comments during the teleconferenced public meetings, including:
• To provide notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option.
• The Legislative Body cannot take further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments, until public access is restored. • Prohibiting the legislative body from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time. • Prohibiting the legislative body from closing the public comment period until the public comment period has elapsed or until a reasonable amount of time has elapsed.

WHEREAS, the City is already implementing the above public meeting requirements now codified in Government Code Section 54953(e)(2)(B-G); and WHEREAS, Government Code Section 54953(b)(3) permits public meetings by teleconference but requires agendas be posted at all teleconference locations, each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public; and WHEREAS, Government Code Section 54953(e)(3)(A-B) provides an alternative to having public meetings in accordance with Government Code Section 54953(b)(3) when City Council has reconsidered the circumstances of the COVID-19 state of emergency and that the following circumstances exist:

1. The state of emergency as a result of COVID-19 continues to directly impact the ability of the members of City Council and the members of the City's subordinate Committees, Commissions, and Boards to meet safely in person; and

2. The State of California and the City of Calistoga continue to impose or recommend measures to promote social distancing.

WHEREAS, the City of Calistoga continues to impose or recommend measures to promote social distancing, which includes but is not limited to:
• Requiring staff and the public to wear masks inside City buildings; • Posting COVID-19 safety measures on doors and the City's website; • Placing hand sanitizer stations in City Hall and other public buildings.

WHEREAS, the City Council has considered all information related to this matter, as presented atthe public meetings of the City Council identified herein, including any supporting reports by City Staff, and any information provided during public meetings.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY find the flowing:

1. Declares that the above recitals are true and correct and are incorporated into this resolution as findings of the City Council.

Item #7.7.

Resolution No. 2021-071

2. Finds that proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378(b)(5), in that adopting a Resolution authorizing the City Manager to conduct teleconferenced public meetings for all the City's Committees, Commissions, and Boards does not meet CEQA's definition of a "project," because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment, and because the action constitutes organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. and is exempt pursuant to Section 15269(c) of the CEQA Guidelines, as specific actions necessary to prevent or mitigate an emergency

3. Finds that City Council has reconsidered the circumstances of the COVID-19 state of emergency and that the following circumstances exist:
• The state of emergency as a result of COVID-19 continues to directly impact the ability of the members of City Council and the members of the City's subordinate Committees, Commissions, and Boards to meet safely in person; and • The State of California and the City of Calistoga continue to impose or recommend measures to promote social distancing.

4. Declares that as a result of the findings in provision 3 above, that the Interim City Manager is authorized to implement teleconferenced public meetings for all the City's Committees, Commissions, and Boards pursuant to Assembly Bill 361 .

5. If any section, subsection, sentence, clause, phrase or word of this resolution is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this resolution. The City Council hereby declares that it would have passed and adopted this resolution and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid.

6. This Resolution shall become effective immediately but directs staff to agendize this Resolution within 30 days for City Council to reconsider the circumstances of the state of emergency and findings of provision 3.

PASSED, APPROVED AND ADOPTED this 5th day of October 2021. I, MARNI RITTBURG, 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:

Councilmembers Gift, Kraus, and Williams, Vice Mayor Lopez-Ortega, and Mayor Canning
None
None
None
~.R~
Item #7.7.

CITY OF CALISTOGA
STAFF
REPORT
TO: Honorable Mayor and City Council
FROM: Laura Snideman, City Manager
DATE: March 15, 2022
Item #7.8
Authorizing the City Manager to execute one or more Letters of Intent for a SUBJECT: ground lease on City property for the purpose of installing and operating a clean energy microgrid

DESCRIPTION
Consider adopting a Resolution authorizing the City Manager to execute one or more Letters of Intent for a ground lease on City property for the purpose of installing and operating a clean energy microgrid.

BACKGROUND
Beginning in the summer/fall of 2018 Pacific Gas & Electric (PG&E) initiated a Wildfire Mitigation plan which included Public Safety Power Shutoffs (PSPS) as a primary consideration to make when wildfire conditions are present. During a PSPS, PG&E switches off transmission power in High Fire Hazard areas. The power shutoffs were an attempt to prevent wildfires from being started by electrical equipment during strong and dry winds. The City of Calistoga has been subject of several PSPS events, which have lasted a few hours to several days leaving business, citizens, and many critical governmental services without power.

In January of 2020, the City Council and staff began looking at a community microgrid as one possible solution to the preemptive power shutoffs. A microgrid is typically a self-contained, small, electricity system with the ability to disconnect from the electric grid when the need arises and provide customers with various levels of critical support. Microgrids are typically made of a combination of distributed energy resources, storage, and demand response capabilities. Following talks with the City, in July of 2020 PG&E installed a microgrid station to provide temporary power to downtown Calistoga during a Public Safety Power Shutoff event during wildfire season. The station allows much of the downtown area (including a medical facility, fire and police station, fairgrounds, post office, banks, schools, markets, residences, hotels, and restaurants among other businesses, facilities, and community services) to remain energized during PSPS events. The microgrid is located on south Item #7.8.

Washington Street, next to Tedeschi Little League Field. The utility uses mobile, diesel generators to power the microgrid.

As a result of the impacts to the customers of PG&E from the PSPS events, the State initiated efforts to commercialize microgrids. On September 19, 2018, the Governor signed SB 1339.

The legislation required the California Public Utilities Commission (PUC), in consultation with the State Energy Resources Conservation and Development Commission and the Independent System Operator, to take specified actions by December 1, 2020, to facilitate the commercialization of microgrids for distribution customers of large electrical corporations.

This included requiring local publicly owned electric utilities to develop and make available a standardized process for the interconnection of a customer-supported microgrid, including separate electrical rates and tariffs.

In response to SB 1339, the PUC issued Decision 21-01-018 on January 21, 2021, and draft Resolution E.5164 on September 9, 2021 , which required PG&E to seek offers at one or more substations for a clean substation microgrid project capable of safely and reliably powering the substation during a 48-hour transmission outage. The decision also required that the projects should be partially operational by September 2022 and estimated to achieve grid equivalent or lower GHG emissions, and a 90 percent reduction in particulate and NOx emissions, compared to Tier 2 diesel and to achieve grid equivalent or lower greenhouse gas (GHG) emissions.

Pursuant to the PUC decision PG&E issued a Clean Substation Microgrid (CSM) Pilot Request for Offer (RFO) for a clean substation microgrid project in Calistoga (Attachment 3) which would provide Distributed Generation Enabled Microgrid Services (DGEMS). The purpose of the RFO was to seek the procurement of DGEMS solely from a third-party owned project that served customer demand in Calistoga during future PSPS events. In the RFO, PG&E identified the site next to Tedeschi Field where the existing distribution microgrid preinterconnection hub (PIH) is located as a possible location at which participants might site equipment for their proposed microgrid.

Per the schedule established by PG&E for the solicitation below, PG&E issued the RFO at the end of November. Once they evaluate the proposals, they will execute any resulting agreement by the end of March 2022. PG&E will then submit an advice letter to the PUC at the end of April 2022 seeking approval for any project that meets the operational and costeffectiveness criteria set forth by the PUC. If PG&E does not receive approval from the PUC for the pilot, it is their intent to continue to operate the Calistoga distribution microgrid during PSPS for the 2022 fire season.

DISCUSSION
In November of last year, Mayor Canning and the Interim City Manager received a briefing of the proposed CSM project from Mark van Gorder, the PG&E North Bay Local Government Affairs representative. During the briefing, Mayor Canning stated the City's support for a clean energy alternative to the current diesel-powered microgrid plant. However, it was also emphasized that this effort should in no way threaten the deployment of the existing microgrid facility for the next fire season nor the expectation that PG&E would expand the power generating capabilities of the existing microgrid to serve the City west of the Napa River Item #7.8.

Item #7.8
during a PSPS. In addition, it made clear that any plan could not include the deployment of any generator infrastructure at the current substation location on HWY 29 north of the Lincoln Avenue and Silverado Trail intersection.

The PG&E representative also advised the Mayor and Interim City Manager that since the projects were to be third-party owned and operated, participants may reach out to the City for land, environmental, permitting, or related questions. In reviewing the RFO Solicitation Protocol, it appeared the main support anticipated from the City was to assist participants with site selection and providing a Letter of Intent for the lease of any sites that were on City property.

PG&E's RFO requires that the developer obtain a Letter of Intent for a potential ground lease for the City-owned properties that they will be submitting as part of their response. Following issuance of the RFO, the process to obtain a Letter of Intent was unclear to some interested developers. Consequently, only one interested bidder obtained a Letter of Intent. This issue was compounded by the turnover of staffing in the City Manager's office. Due to the confusion over this process involving the interested lessees, PG&E is requesting a Letter of Intent be granted to parties interested in the project.

Because of the diversity of interested projects in and near the PG&E pre-installed interconnection hub (PIH) adjacent to Tedeschi Field, PG&E is requesting that the City approve the leasing of some portion of the five (5) sites that City Staff has already determined would not pose problems, with the understanding that not all of those sites will be needed, referencing the Clean Energy Microgrid Site Analysis from the February 1st Staff Report (See Attachment 6). The necessary site(s) will be determined following formal selection of project and negotiation between the City and the selected developers.

Based on the expiration language and that no commitments by the City will be made until a Ground Lease is signed, staff supports the City Council authorizing execution of one or more Letters of Intent, in substantially the form attached to the Resolution, with the specific identity of each proposed lessee and the parcel or parcels (limited to one or more of the four (4) parcels identified in the form Letter of Intent) to be determined by the City Manager in consultation with the City Attorney.

FISCAL IMPACT
There is no fiscal impact to the City because of this item.

ATTACHMENTS:
1 . Resolution

2. Form Letter of Intent
Item #7.8.

ATTACHMENT 1
RESOLUTION NO. 2022-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF

NAPA, STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO

EXECUTE MULTIPLE LETTERS OF INTENT FOR A POTENTIAL GROUND LEASE

ON CITY PROPERTIES FOR A CLEAN ENERGY MICROGRID STATION WHEREAS, in the summer/fall of 2018 Pacific Gas & Electric (PG&E) initiated a Wildfire Mitigation plan which included Public Safety Power Shutoff (PSPS) as a primary consideration to make when wildfire conditions are present; and WHEREAS, during a PSPS, PG&E switches off transmission power in High Fire Hazard areas, which includes the City of Calistoga; and WHEREAS, the City of Calistoga has been subject of several PSPS events, which have lasted a few hours to several days leaving business, citizens, and many critical governmental services without power; and
WHEREAS, in July of 2020 PG&E installed a microgrid station to provide temporary power to downtown Calistoga during a PSPS event during wildfire season; and WHEREAS, the State of California in response to the impacts of PSPS events on the customers took steps to commercialize microgrids by enacting SB 1339 in 2018; and WHEREAS, The legislation required the California Public Utilities Commission (PUC), to take specified actions by December 1, 2020, to facilitate the commercialization of microgrids for distribution customers of large electrical corporations; and WHEREAS, the PUC issued Decision 21-01-018 on January 21, 2021, and draft Resolution E.5164 on September 9, 2021, which required PG&E to seek offers at one or more substations for a clean substation microgrid project capable of safely and reliably powering the substation during a 48-hour transmission outage; and WHEREAS, in response to PUC Decision 21-01-018 PG&E issued a Clean Substation Microgrid Pilot Request for Offer (RFO) for a clean substation microgrid project in the City of Calistoga in November of 2021 ; and
WHEREAS, in response to PG&E's RFO the [interested party] informed the City of Calistoga of their intent to submit a response to the RFP siting the microgrid project on one or more City owned properties; and
WHEREAS, as a condition of submitting a response to the RFO, PG&E required developers to obtain a Letter of Intent to enter into a potential ground lease with the City of Calistoga on one or more of the City properties to demonstrate site control; and WHEREAS, the Letter of Intent specifies that it is not legally binding until all the essential terms and conditions of the proposed ground lease agreement transaction have been negotiated and agreed to by both the City and the selected developer.

Item #7.8.

ATTACHMENT 1
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Calistoga hereby authorizes the City Manager to execute one or more Letters of Intent, in substantially the form attached hereto as Exhibit A and incorporated herein by this reference, with the specific identity of each proposed lessee and the parcel or parcels (limited to one or more of the four (4) parcels identified in the form Letter of Intent attached hereto) to be determined by the City Manager in consultation with the City Attorney, for the purpose of negotiating a potential ground lease on City properties for a clean energy microgrid station.

PASSED, APPROVED AND ADOPTED this 15th day of March 2022. I, MARNI RITTBURG, 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:

Marni Rittburg, CMC, City Clerk Chris Canning, Mayor
Item #7.8.

CONFIDENTIAL
Date
[ADDRESSEE]
[ADDRESS LINE 1]
[ADDRESS LINE 2]
[ADDRESS LINE 3]
ATTACHMENT 2
[CITY LETTERHEAD]

LETTER OF INTENT
Re: Pacific Gas and Electric Company (PG&E) - Pre-Installed Interconnection Hub (PIH) Program Relating to Property Generally Located Along Napa Valley Vine Trail, Calistoga, California, Napa County Assessor's Parcel Numbers (APNs) 011-260-03, 011-260-02, 020-150-033, and 020-150- 008
Dear [ADDRESSEE]:

On behalf of the City of Calistoga ("City"), I have been authorized to submit the following letter of intent to [ENTITY NAME] ("Lessee") proposing a ground lease for purposes of installing and operating a preinstalled interconnection hub ("PIH") on all, or a portion of, the property generally located along Napa Valley Vine Trail, Calistoga, California, County of Napa APNs 011-260-03, 011-260-02, 020-150-033, and 020-150-008 (the "Property"), as depicted on Exhibit "A," attached hereto and incorporated by reference herein. The PIH site, as depicted on Exhibit "B," attached hereto and incorporated by reference herein, will consist of both an exclusive and non-exclusive area, and will enable Lessor to rapidly assemble and connect temporary generation equipment in order to energize an isolated circuit within the area during future public safety power shutoff ("PSPS") events.

The primary terms and conditions of the lease, to be later memorialized in a separate Lease Agreement and Transaction Summary Letter (together, the "Lease Agreement"), would be as follows:

1. LESSEE: [ENTITY NAME]

2. LESSOR: City of Calistoga

3. PROPERTY RIGHTS TO BE ACQUIRED:

Leasehold rights for a proposed PIH site.

4. GROUND RENT:

The initial monthly ground rent ("Ground Rent") for the necessary leasehold rights to construct the PIH site shall be an amount not to exceed the fair market rental value of the Property, as determined either by (i) a qualified appraiser of vacant land, or (ii) such other valuation methodology as may be agreed upon by the parties.
1 of 5
Item #7.8.

Note: After performing due diligence and feasibility studies, should it be deemed that additional property rights will be required to construct the PIH, this Ground Rent may be adjusted accordingly.

5. RIGHT OF ACCESS:

City shall grant Lessor and its employees, agents and contractors the right to enter the Property for purposes of conducting due diligence and feasibility studies to construct the PIH.

6. CONFIDENTIALITY:

Both Lessor and City (collectively, "Parties") will maintain all information pertaining to the ground lease in confidence and will not disclose such information to any other party without written consent.

Confidential information may be released to the Parties' employees, partners, consultants and lenders who have a reasonable need for such information, provided that such individuals agree to maintain the confidential nature of the information.

7. EXPIRATION:

This proposal will expire on [INSERT DATE] at 5:00 PM PST.

This non-binding letter of intent is intended solely as a preliminary expression of general intent and interest and is to be used for general discussion purposes only; it is neither an offer, an acceptance nor a contract. The parties hereby agree that this non-binding letter of intent does not create any agreement, obligations, rights, duties, or otherwise by either party to negotiate a purchase and sale agreement and/or to continue or further discuss or negotiate a purchase and sale agreement. The parties shall be free to negotiate with any other persons or entities with respect to the subject matter of this non-binding letter of intent. The parties shall have absolutely no contractual duties to one another, and the parties expressly agree and acknowledge that no implied covenants attached to this non-binding letter of intent, including, but not limited to the implied covenant of good faith and fair dealing. Only upon the approval by the City Council and the full and final execution and delivery of a purchase and sale agreement will any obligations attach with respect to the lease agreement outlined in this non-binding letter of intent.

Without limiting the foregoing the parties may (i) negotiate with other parties with respect to real property and any other subject matter of this non-binding letter of intent; (ii) enter into a formal agreement with another party with respect to the real property and any other subject matter of this nonbinding letter of intent; propose different or additional terms than those contained in this non-binding letter of intent; and unilaterally terminate all negotiations with the other party at any time with respect to the subject matter of this non-binding letter of intent without liability of any kind whatsoever, and without explanation, cause or reason.

Any party who takes any actions in reliance on this non-binding letter of intent does so at their own costs, expense, risk and peril. This non-binding letter of intent shall at all times remain, regardless of statements, writings, conduct, or otherwise, non-binding, unless and until the approval by the City Council and the full and final execution and delivery by the parties of a formal lease agreement.

If this letter accurately reflects our present understanding with respect to the Property, kindly sign below and return this letter to the attention of the Calistoga City Manager. Should you like to discuss further, please feel free to contact the City Manager at (707) 942-2806 or via email at <email address>. We look forward to your prompt reply.

Item #7.8.

Sincerely,
City Manager
City of Calistoga
ACKNOWLEDGED BY LESSEE:
<Property Owner N rune>
By: _ ___________ .

Name: - -----------
Date: ---------
3 ofS
ATTACHMENT 2
Item #7.8.

Exhibit "A"
Potential Parcels
<Insert Exhibit>
Item #7.8.

Exhibit "B"
Pm Site
[Insert Exhibit]
5 ofS
ATTACHMENT 2
Item #7.8.

TO:

FROM:

DATE:

SUBJECT:

APPROVED:

CITY OF CALISTOGA

STAFF REPORT
Honorable Mayor and City Council
Jeff Mitchem, Planning & Building Director
March 15, 2022
Item #8.1
Appeal (AP 2022-2) of Planning Commission Approval of Renewal of Use Permit and Design Review UP 2022-1 and DR 2022-1 for an Application to Expand Aurora Park Cottages, Located at 1807 Foothill Boulevard (APN 011-290-046)
Laura Snideman, City Manager
ISSUE: Consideration the appeal of a use permit and design review renewal application for a three-guest unit expansion project and associated on-site improvements at the Aurora Park Cottages located at 1807 Foothill Boulevard (APN O 11-290-046). The application was originally approved by Planning Commission on February 26, 2020, with an approval of renewal on February 9, 2022.

RECOMMENDATION: Consider adopting Resolution denying Appeal AP 2022-2 thereby upholding Planning Commission approval of application UP 2022-1 and DR 2022-1, finding the project categorically exempt from CEQA, and approving Use Permit Application UP 2022-1 and Design Review Application DR 2022-1.

BACKGROUND: On February 9, 2022, the Planning Commission held a public hearing to consider a referral from staff to renew a Use Permit and Design Review applications to expand the Aurora Park Cottages (UP 2022-1 and DR 2022-1) ("Project"). At the conclusion of deliberations, a motion was made to approve the use permit and design review with conditions, passing by a 4-0 ·vote (Chair Copper abstained) (A TTCH 2). The Planning Commission staff report and attachments thereto are provided as attachments (ATTCH 3) to this Staff Report. Due to a private easement dispute with the neighboring property and the applicant, a number of letters and emails were received by staff Item #8.1.

City Council Staff Report
Aurora Park Cottages Appeal AP 2022-1
March 15, 2022

regarding this application (both before and after the Planning Commission packet went out), and all of them are attached to this staff report (A TTCH 4 ).

On February 20, 2022, Michael P. Glover and Curtis J. Wilhelm, an adjoining property owner, filed a timely Application for Appeal (ATTCH 5) of the Planning Commission's decision.

DISCUSSION: Following is a summary of each of the Appeal issues raised by the appellant and Staff findings in response to each appeal item (A-D) submitted by Michael P. Glover and Curtis J. Wilhelm.

Appeal Issue A: The City Code provisions allowing for Bed and Breakfast establishments state clearly that such uses are to be accessory/secondary to the primary residential use of this residentially zoned property (§17.35.010). Residential use is proposed to account for no more than 600 square feet of this >6000 square foot Project. This results in at least 90% of the square footage of structures on the property being a commercial bed and breakfast use. This is not allowed - the City Code clearly states that the Bed & Breakfast uses shall not exceed 49% of the use of land and/or buildings (§17.35.010(0)). This is an over commercialization of a residential property.

This inappropriate intensification of a commercial use also creates conflicts with the other users of the private residential driveway.

Staff Findings.

1. CMG §17.35.010 D. The purpose of these regulations is to provide for bed and breakfast facilities which are accessory to and secondary to the primary residential use of land in residentially zoned areas. The terms "accessory" and "secondary" mean that the establishment of bed and breakfast facilities in residential zones shall not exceed 49 percent of the use of the land and/or building area on and in which the facilities are to be located.

Findings. Complies - The proposal would permit bed and breakfast use of 10 units totaling 6,110 SF on the 62, 727 SF site, or 9. 7 4 percent of the use of the land.

2. Per CMG §17.35.040 (CJ 4. The Planning Commission may authorize an exception to subsections (BJ, (CJ, and (DJ of this section and CMG §17.36.130(CJ, parking requirements, subject to a major use permit, when the special circumstances as stated above and below exist:
a. A bed and breakfast inn and facility or other visitor accommodation located on the property was authorized by the City on or before January 1, 2010; Findings: Complies - City records relating to design review for the original bed and breakfast cottages indicate that they are vintage 1950s structures with minimal exterior alterations.
b. The property is located within an R-1-10 zone;
Findings: Complies- The project site is located with an R-1-10 zone. c. The properly is established with no more than 10 rental units; Item #8.1.

City Council Staff Report
Aurora Park Cottages Appeal AP 2022-1
March 15, 2022

Findings: Complies - The entitlement permits are no more than 10 units. d. Minimum lot size of 10,000 square feet.

Findings: Complies - The project site is 62, 727 square feet in size.

Appeal Issue B: The City did not evaluate the City Code requirements in §17.35.040(C)(3) for findings necessary to approve additional units, and instead used the more general findings for exceptions to standards without evaluating the Project against the more appropriate and directly applicable findings necessary to approve an increase in rooms above 2 to a maximum of 6. The Planning Commission approved 10 total units without even analyzing it against the City's own standards for an increase to 6 units. This discussion and analysis were not included in the Staff Report.

Staff Findings.

3. Findings for the 6 special circumstances conveyed in §17.35.040(C)(3) a. - f are contained in the record (Staff Reports and Resolutions) and are conveyed below.
a. Proximity to State Highway.

Findings: Complies - The project site is located off State Highway 128/Foothill Boulevard which is classified as an arterial street per the City of Calistoga's General Plan, 2014 Circulation Element. Although the project site is located off State Highway 128/Foothill Boulevard, the project site meets all required setbacks per the R-1-10 zoning district and provided appropriate ingress and egress from State Highway 128/Foothill Boulevard.

The proposed addition to the guest services/manager's residence, the closest building to State Highway 128/Foothil/ Boulevard, is setback approximately 50 feet, and the nearest of the four new guest cottages is setback approximately 370 feet from State Highway 128/Foothill Boulevard. b. Historical Character.

Findings: Complies - The proposed designs of the new cottages and the addition to create the guest services/manager's residence mirror the architectural style, colors, and elements of the existing buildings on the property. In addition, there are no buildings on-site, nor are there any buildings within the vicinity of the Site registered with the Office of Historic Preservation as a California Historical Resource. 1
c. Character of proposed site relative to surroundings.

Findings: Complies - The proposed designs of the new cottages and the addition to create the guest services/manager's residence mirror the architectural style, colors, and elements of the existing buildings on the property. Wood siding, trim, and asphalt shingle roofing would all be designed to match the current materials of the existing cottages. Similarly, 1 https://ohp.parks.ca.gov/ListedResources/?view=county&criteria=28 Item #8.1.

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March 15, 2022

the new cottages would be painted with light yellow siding and white trim to match the existing units, and each cottage would feature a deck on the front.

The site arrangement of the new cottages would continue the linear layout of the buildings on the property. No trees will be removed, and the project is designed around two large existing oak trees. The existing landscape scheme would be continued to the new cottages as well. The project's design elements are consistent with Community Identity Element policies that encourage the use of existing materials that have traditionally been used in Calistoga and are consistent with the prior approved development on this property. The existing resort property is adequate in size, shape, location, and physical characteristics to accommodate the type and intensity of the proposed structures and associated use. No impacts to surrounding properties are anticipated.
d. Nature of ingress and egress.

Findings: Complies - Drive aisles are regulated by CMG Chapter

17. 36. 160 A. and B. Site ingress/egress at Foothill Blvd will remain unchanged. Per the project's site plan, proposed drive aisle widths vary from 24 feet to 32 feet which complies with minimum standards of 24 feet. e. Adequacy of number and location of parking spaces and maneuvering areas.

Findings: Complies - Parking supply is regulated by CMG Chapter

17.36.140, which requires one (1) space per room, plus two (2) spaces for an onsite manager. As the proposed project would entail ten (1 OJ rooms and a guest services/manager's residence, a total of twelve (12) spaces would be required. Under the project six (6) new parking spaces, including one (1) ADA space, would be added for a total of fourteen (14) parking spaces.

Existing and proposed maneuvering area complies with CMG provisions as described in item d. above.
f. Provision of accessible rooms.

Findings: Complies - The use permit and design review application request approval for the construction of four ( 4) new guest cottages and the conversion of an existing guest cottage to a guest services/residence unit includes one of the new guest cottages to be designated as an accessible unit. All future construction is required to be ADA compliant.

Appeal Issue C: The CEQA Categorical Exemption is inappropriate given the property's designation as Very High Fire Hazard. The Project is not in an urban area and use of this exception is inappropriate given recent and increasing fire risks and ongoing fire studies being conducted by the City. The CEQA Initial Study was recently amended to include evaluation of Wildfire Risks associated with new projects and this Project should be evaluated for such risks, especially in light of its location and Item #8.1.

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Aurora Park Cottages Appeal AP 2022-1
March 15, 2022

proposed increase in commercial activity utilizing a shared private residential driveway for access.

Staff Findings.

4. The Planning Commission determined that the following categorical exemptions applied to the project:
a. Section 15303 (New Construction or Conversion of Small Structures) of the CEQA Guidelines as the Project is limited to 4 new guest units not to exceed 2, 500 square feet in floor area, the conversion of one guest unit to a single-family residence (guest services/manager's residence) with an addition within the residential zone (R-1-10), accessory structures (i.e., patios), and utility extensions of reasonable length to serve the proposed construction.

The Planning Commission also considered whether any exceptions to the California Environmental Quality Act (CEQA) categorical exceptions were applicable and found that none of the exceptions provided in Section 15300.2 of the CEQA Guidelines apply as described below:
a. Section 15300.2(a): Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located -a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply in all instances, except where the project may impact on an
environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies.

Findings: There is no evidence in the record that the Project will impact an environmental resource of hazardous or critical concern in an area designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. Analysis is provided below.
b. Section 15300.2(b): Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant.

Findings: There is no evidence in the record that successive projects of the same type in the area will have a significant environmental impact. The Project would result in a cumulative Jot coverage of approximately 10 percent or 6, 110 square feet of land, and is not anticipated to impact sensitive environments, as the Site is already disturbed from previous development activities and neighboring parcels are developed. As the Jot size exceeds 10,000 square feet in size (62,727 square feet), under the R-1-10 Zoning Item #8.1.

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Aurora Park Cottages Appeal AP 2022-1
March 15, 2022

District, the maximum lot coverage is allowed is 35 percent. As such, no cumulative impacts are anticipated.
c. Section 15300.2(c): Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.

Findings: There is no evidence in the record that there is any reasonable possibility that the project will have a significant on the environment. Generally, a finding of significant impact is found where the project (1) has some unusual circumstances (such as size or location) which distinguishes the project from the categorically exempt class of projects, and (2) it can be shown that due to such unusual circumstances, there is a reasonable possibility of a significant effect on the environment. There is no unusual circumstance applicable to the project. As stated previously, the Site is already disturbed from previous development activities, neighboring parcels are developed, and the proposed total lot coverage is allowed under the CMG. The Site is currently developed and mapped within the Very High Fire Hazard Severity Zone (FHSZ)2; therefore, as proposed, the Project shall be required to meet all of the conditions of CFC Chapter 49, CBC Chapter 7 A and the Residential Code, Section R327 and shall also be subject to additional review and approval by the Fire Department at the time of building or grading permit application.

Per the City of Calistoga's General Plan, Public Safety Element 2014 Update, new development in Very High and High Fire Hazard Severity Zones is required by state law to utilize fire resistant building materials and provide adequate access for emergency vehicles. California Fire Code Chapter 49 establishes fire safety requirements for new construction in the wild/and-urban interface fire area, which have been incorporated into the CMG Chapter

15. 36. New construction in these zones is required to adhere to guidelines for defensible space, vegetation management in a firesafe manner, financial responsibility for maintenance of landscaping and open parcels (forest), and other measures. In addition, a wildfire behavior model is required to specify building setbacks and fire resistive ratings. The Fire Department routinely inspects properties and homes in the Very High Fire Hazard Area to enforce vegetation management requirements and publicizes the chipping program provided by the Napa Communities Firewise Foundation, which encourages the removal of dangerous
vegetation. The Department is familiar with the locations of all 2 https://egis.fire.ca.gov/FHSZ/
Item #8.1.

City Council Staff Report
Aurora Park Cottages Appeal AP 2022-1
March 15, 2022

structures in this Area and available access. 3 As such, with conditions incorporated, significant environmental impacts would not occur.
d. Section 15300.2(d): Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR.

Findings: There is no evidence in the record that the project will result in damage to scenic resources. Napa County does not contain officially designated state scenic highways. While there are portions of highways that have been identified as eligible for listing, Highway 128 which is within the vicinity of the Site has not been officially designated or eligible for listing. 4
e. Section 15300.2(e): Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code.

Findings: The project site is not listed on any list compiled pursuant to Section 65962.5 of the Government Code. In fact, there are no leaking underground storage tanks (LUST) and Cleanup Program Sites have been identified within a 1, 000-foot radius of the project area. 5
f. Section 15300.2(f): Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource.

Findings: There are no buildings on-site, nor are there any buildings within the vicinity of the Site registered with the Office of Historic Preservation as a California Historical Resource. 6 Since the project area is limited to developed site and there are no buildings on-site or within the vicinity registered as a California Historical Resource, no impacts to any historical resources would occur.
3 https:/ /www.ci.calistoga.ca. us/home/showpu blisheddocument/35598/637430144068400000 4 https://dot.ca.gov/programs/design/lap-landscape-architecture-and-community-livability/lap-liv-i-scenichighways 5 https://geotracker.waterboards.ca.gov/map/?CMD=runreport&myaddress=1807+Foothill+Boulevard%2C+ Calistoga#
6 https ://oh p. parks. ca. gov /Listed Resou rces/?v iew=cou nty &criteria= 28 Item #8.1.

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Concluding Findings: Because the Project is consistent with the requirements for a Class 3 categorical exemption pursuant to CEQA Guidelines Section 15303, and because none of the exceptions to application of a categorical exemption provided in CEQA Guidelines Section 15300.2 apply (provided above), there is substantial evidence in the record to support a finding that the Project is categorically exempt from CEQA and an EIR is not required. As such, the Project meets the requirements necessary to qualify for a Class 3 (New Construction of Conversion of Small Structures) categorical exemption under the CEQA Guidelines.

Appeal Issue D: The facilities must be inspected, and those reports should be forwarded to the Planning Commission, pursuant to §17.35.020(H). Review of compliance history should be considered prior to approving any expansion. These inspections and reports are mandatory per City Code.

Staff Findings.

5. Per CMC §17.35.020(H) all facilities shall be inspected on an annual basis by the Planning and Building Department for conformance with use permit conditions and the regulations established in this title. Inspection reports shall be forwarded to the Planning Commission for informational purposes, as necessary.

Findings: Complies - There is no evidence in the record that would have required forwarding of past inspection reports to the Planning Commission for informational purposes. The Building Department and the Fire Department did conduct the required annual inspection reports. The annual inspection reports on file do not provide any additional information pertinent to the use permit and design review renewal application. If there were compliance issues present, Police, Fire, and/or Building would provide them to Staff. Prior to the last hearing for the project, no concerns were raised from the departments. In addition, Staff checked with Police to confirm any existing issues due to neighbor concerns (private easement disputes) and none were present.

COUNCIL CONSIDERATION OF APPEAL: Pursuant to CMC 1.20.030(8), Council shall consider the grounds for the appeal and the Council may affirm, overturn, or modify the initial decision of the Planning Commission or refer the matter back to the Planning Commission with direction for reconsideration. If the City Council desires to deny the appeal of the project, the Finding for Denial are contained in the attached Resolution (ATTCH 1). If the City Council determines that the findings in CMC Section 17.40.030 D and 17.41.050 cannot be made for the approval of the Project, Council will need to identify the bases for that decision. Therefore, the following options are available to City Council:

1. Adopt a resolution (A TTCH 1) denying the appeal and upholding the Planning Commission's approval of UP 2022-1 and DR 2022-1 and the determination of that the project is exempt from the California Environmental Quality Act.

Item #8.1.

City Council Staff Report
Aurora Park Cottages Appeal AP 2022-1
March 15, 2022

2. Direct staff to return with a resolution of project denial (upholding the appeal) with findings indicated by the City Council.

3. Revise or modify the decision of the Planning Commission citing findings to better comply with CMG Section 17.40.030 D and 17.41.050.

4. Refer the matter back to Planning Commission with direction.

Staff recommends that the City Council consider the appellant's appeal of the Planning Commission decision to approve UP 2022-1 and DR 2022-1 , consider public testimony and select Option 1.

ENVIRONMENTAL REVIEW: This action will not have a significant effect on the environment in accordance with the California Environmental Quality Act (CEQA) and is Categorically Exempt from the requirements of CEQA under Section 15303 (New Construction of Conversion of Small Structures) of the CEQA Guidelines.

PUBLIC COMMENTS: To date, no new public comments have been received relating to this appeal.

ATTACHMENTS

1. Draft Resolution denying appeal

2. Planning Commission Meeting Minutes

3. Planning Commission Staff Report (with attachments)

4. Supplemental public comments on the Planning Commission application

5. Appeal of Planning Commission decision from Michael P. Glover and Curtis J. Wilhelm Item #8.1.

ATTACHMENT 1
RESOLUTION NO. 2022-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA DENYING APPEAL AP 2022-1 AND APPROVING PLANNING COMMISSION DECISION APPROVING USE PERMIT APPLICATION UP 2022-1 AND DESIGN REVIEW APPLICATION DR 2022-1 RENEWING UP 2018-12 AND DR 2018-9 FOR AURORA PARK COTTAGES THREE GUEST UNIT EXPANSION AT 1807 FOOTHILL BOULEVARD (APN 011-290-046)
WHEREAS, David Patel (applicant) proposes to add three guest units and associated on-site improvements at the Aurora Park Cottages, located at 1807 Foothill Boulevard; and
WHEREAS, the Planning Commission approved Resolution 2020-5 on February 26, 2020, approving a use permit and design review for this project; and WHEREAS, the Planning and Building Director granted a one year time extension on July 28, 2020 for this project; and
WHEREAS, the use permit and design review will expire on March 7, 2022, two years after their effective date; and
WHEREAS, the applicant requested to reapply for and renewal of their land use entitlements (use permit and design review) for this project; and WHEREAS, the Planning Commission considered these requests at a public hearing on February 9, 2022, and prior to taking action on the applications, received written and oral staff reports, and public testimony; and WHEREAS, the Planning Commission approved Resolution 2022-3 on February 9, 2022, approving a use permit and design review for this project; and WHEREAS, on February 22, 2022, the adjoining property owner, Michael P.

Glover and Curtis J. Wilhelm (appellant) appealed the Planning Commission's action to the City Council; and
WHEREAS, notice of the City Council's appeal hearing was given in the manner required by CMC Section 1.20.020(0); and
WHEREAS, the City Council reviewed the appeal at a public hearing on March 15, 2022, during which the Council considered the public record of the Planning Commission meeting, as well as the grounds for the appeal, written and oral reports from staff, public correspondence and testimony, and staffs responses to same and all other evidence submitted at the hearing.

NOW, THEREFORE, BE IT RESOLVED by the City of Calistoga City Council, that the City Council, hereby denies the appeal submitted by the appellant and upholds the approval of the Planning Commission decision.

BE IT FURTHER RESOLVED, the City Council hereby finds that the Project is categorically exempt from the California Environmental Quality Act (CEQA) as a Class 3 Exemption under Section 15303 of the CEQA Guidelines (New Construction and Item #8.1.

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Aurora Park Cottages Appeal AP 2022-1
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Conversion of Small Structures) as the Project is limited to 4 new guest units not to exceed 2,500 square feet in floor area, the conversion of one guest unit to a singlefamily residence (guest services/manager's residence) with an addition within the residential zone (R-1-10), accessory structures (i.e., patios), and utility extensions of reasonable length to serve the proposed construction; and BE IT FURTHER RESOLVED, that the City Council makes the following findings pursuant to CMC Section 17.40.030(0) that the use permit application:

1. Finding: Is in accord with the General Plan and any applicable planned development.

2. 3.

4. 5.

Substantial evidence: The project is consistent with applicable policies included in the General Plan. The property is within the Low-Density Residential Land Use Designation, which allows the proposed visitor accommodation use, and the intensity of the project is appropriate. Adding three guest units to meet growing visitor demands also achieves the policy direction contained in the Economic Element of the General Plan.

Finding: Is in accord with all applicable provisions of the Zoning Code.

Substantial evidence: The property is located within the R-1-10: One-Family Zoning District. The R-1-10 District conditionally allows bed and breakfast inns with up to ten units. The expanded use is consistent with the R-1-10 District development standards and would comply with the parking requirements associated with this use.

Finding: Will not substantially impair or interfere with the development, use or enjoyment of other property in the vicinity.

Substantial evidence: The existing resort property is adequate in size, shape, location, and physical characteristics to accommodate the type and intensity of the proposed structures and associated use. No impacts to surrounding properties are anticipated.

Finding: Is consistent with and enhances Calistoga's history of independentlyowned businesses, thus contributing to the uniqueness of the town, which is necessary to maintain a viable visitor industry and promote its economy.

Substantial evidence: The project involves an independently-owned business that would enhance the town's visitor industry.

Finding: Is resident-serving, in the case of a formula business.

Substantial evidence: The proposed use is not considered a formula business as defined by Title 17.

BE IT FURTHER RESOLVED, that the City Council makes the following findings pursuant to CMC Section 17.41. 050 that the subject design review application:

1. Is in accord with the General Plan and any applicable planned development.

Supporting Evidence: The project is consistent with the policies included in the General Plan. The property is within the Low-Density Residential Land Use Item #8.1.

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Designation, which allows the proposed visitor accommodation use, and the intensity of the project is appropriate. Adding three new guest cottage structures and converting an existing cottage to a manager's residence in order to meet growing visitor demands also achieves the policy direction contained in the Economic Element of the General Plan.

2. Is in accord with all applicable provisions of the Zoning Code.

Supporting Evidence: The property is located within the R-1-10: One-Family Zoning District. The R-1-10 District conditionally allows bed and breakfast inns.

The expanded and reconfigured use is consistent with the R-1-10 District development standards and would comply with the parking requirements associated with this use.

3. Is consistent with any adopted design review guidelines to the extent possible.

Supporting Evidence: The project's design elements are consistent with Community Identity Element policies that encourage the use of existing materials that have traditionally been used in Calistoga. The proposed design and materials are consistent with the prior approved development on this property.

4. Will not impair or interfere with the development, use or enjoyment of other property in the vicinity or the area.

Supporting Evidence: The existing resort property is adequate in size, shape, location, and physical characteristics to accommodate the type and intensity of the proposed new and reconfigured structures and associated use. No impacts to surrounding properties are anticipated.

BE IT FURTHER RESOLVED, that the City Council makes the following findings pursuant to the Appeal Issues raised by the appellant (appeal item A-D) submitted by Michael P. Glover and Curtis J. Wilhelm:

Appeal Issue A: The City Code provIsIons allowing for Bed and Breakfast establishments state clearly that such uses are to be accessory/secondary to the primary residential use of this residentially zoned property (§17.35.010). Residential use is proposed to account for no more than 600 square feet of this >6000 square foot Project. This results in at least 90% of the square footage of structures on the property being a commercial bed and breakfast use. This is not allowed - the City Code clearly states that the Bed & Breakfast uses shall not exceed 49% of the use of land and/or buildings (§17.35.010(0)). This is an over commercialization of a residential property. This inappropriate intensification of a commercial use also creates conflicts with the other users of the private residential driveway.

Staff Findings.

1. CMG §17.35.010 D. The purpose of these regulations is to provide for bed and breakfast facilities which are accessory to and secondary to the primary residential use of land in residentially zoned areas. The terms "accessory" and "secondary" mean that the establishment of bed and breakfast facilities in Item #8.1.

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residential zones shall not exceed 49 percent of the use of the land and/or building area on and in which the facilities are to be located.

Findings. Complies - The proposal would permit bed and breakfast use of 10 units totaling 6,110 SF on the 62, 727 SF site, or 9. 7 4 percent of the use of the land.

2. Per CMG §17.35.040 (C) 4. The Planning Commission may authorize an exception to subsections (B), (C), and (D) of this section and CMG §17.36.130(C), parking requirements, subject to a major use permit, when the special circumstances as stated above and below exist:
a. A bed and breakfast inn and facility or other visitor accommodation located on the property was authorized by the City on or before January 1, 2010;
Findings: Complies - City records relating to design review for the original bed and breakfast cottages indicate that they are vintage 1950s structures with minimal exterior alterations.
b. The property is located within an R-1-10 zone;
Findings: Complies- The project site is located with an R-1-10 zone. c. The property is established with no more than 10 rental units; Findings: Complies - The entitlement permits are no more than 10 units. d. Minimum Jot size of 10,000 square feet.

Findings: Complies - The project site is 62, 727 square feet in size.

Appeal Issue B: The City did not evaluate the City Code requirements in §17.35.040(C)(3) for findings necessary to approve additional units, and instead used the more general findings for exceptions to standards without evaluating the Project against the more appropriate and directly applicable findings necessary to approve an increase in rooms above 2 to a maximum of 6. The Planning Commission approved 10 total units without even analyzing it against the City's own standards for an increase to 6 units. This discussion and analysis were not included in the Staff Report.

Staff Findings.

3. Findings for the 6 special circumstances conveyed in §17.35.040(C)(3) a. - f are contained in the record (Staff Reports and Resolutions) and are conveyed below.
a. Proximity to State Highway.

Findings: Complies - The project site is located off State Highway 128/Foothill Boulevard which is classified as an arterial street per the City of Calistoga's General Plan, 2014 Circulation Element. Although the project site is located off State Highway 128/Foothill Boulevard, the project site meets all required setbacks per the R-1-10 zoning district and provided appropriate ingress and egress from State Highway 128/Foothill Item #8.1.

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Boulevard. The proposed addition to the guest services/manager's residence, the closest building to State Highway 128/Foothil/ Boulevard, is setback approximately 50 feet, and the nearest of the four new guest cottages is setback approximately 370 feet from State Highway 128/Foothill Boulevard.
b. Historical Character.

Findings: Complies - The proposed designs of the new cottages and the addition to create the guest services/manager's residence mirror the architectural style, colors, and elements of the existing buildings on the property. In addition, there are no buildings on-site, nor are there any buildings within the vicinity of the Site registered with the Office of Historic Preservation as a California Historical Resource. 1
c. Character of proposed site relative to surroundings.

Findings: Complies - The proposed designs of the new cottages and the addition to create the guest services/manager's residence mirror the architectural style, colors, and elements of the existing buildings on the property. Wood siding, trim, and asphalt shingle roofing would all be designed to match the current materials of the existing cottages. Similarly, the new cottages would be painted with light yellow siding and white trim to match the existing units, and each cottage would feature a deck on the front. The site arrangement of the new cottages would continue the linear layout of the buildings on the property. No trees will be removed, and the project is designed around two large existing oak trees. The existing landscape scheme would be continued to the new cottages as well. The project's design elements are consistent with Community Identity Element policies that encourage the use of existing materials that have traditionally been used in Calistoga and are consistent with the prior approved development on this property. The existing resort property is adequate in size, shape, location, and physical characteristics to accommodate the type and intensity of the proposed structures and associated use. No impacts to surrounding properties are anticipated.
d. Nature of ingress and egress.

Findings: Complies - Drive aisles are regulated by CMG Chapter

17. 36. 160 A. and B. Site ingress/egress at Foothill Blvd will remain unchanged. Per the project's site plan, proposed drive aisle widths vary from 24 feet to 32 feet which complies with minimum standards of 24 feet. e. Adequacy of number and location of parking spaces and maneuvering areas.
1 https://ohp.parks.ca.qov/ListedResources/?view=county&criteria=28 Item #8.1.

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Findings: Complies - Parking supply is regulated by CMG Chapter

17. 36. 140, which requires one (1) space per room, plus two (2) spaces for an onsite manager. As the proposed project would entail ten (10) rooms and a guest services/manager's residence, a total of twelve (12) spaces would be required. Under the project six (6) new parking spaces, including one (1) ADA space, would be added for a total of fourteen (14) parking spaces. Existing and proposed maneuvering area complies with CMG provisions as described in item d. above.
f Provision of accessible rooms.

Findings: Complies - The use permit and design review application request approval for the construction of four (4) new guest cottages and the conversion of an existing guest cottage to a guest services/residence unit includes one of the new guest cottages to be designated as an accessible unit. All future construction is required to be ADA compliant.

Appeal Issue C: The CEQA Categorical Exemption is inappropriate given the property's designation as Very High Fire Hazard. The Project is not in an urban area and use of this exception is inappropriate given recent and increasing fire risks and ongoing fire studies being conducted by the City. The CEQA Initial Study was recently amended to include evaluation of Wildfire Risks associated with new projects and this Project should be evaluated for such risks, especially in light of its location and proposed increase in commercial activity utilizing a shared private residential driveway for access.

Staff Findings.

4. The Planning Commission determined that the following categorical exemptions applied to the project:
a. Section 15303 (New Construction or Conversion of Small Structures) of the CEQA Guidelines as the Project is limited to 4 new guest units not to exceed 2,500 square feet in floor area, the conversion of one guest unit to a single-family residence (guest services/manager's residence) with an addition within the residential zone (R-1-10), accessory structures (i.e., patios), and utility extensions of reasonable length to serve the proposed construction.

The Planning Commission also considered whether any exceptions to the California Environmental Quality Act (CEQA) categorical exceptions were applicable and found that none of the exceptions provided in Section 15300.2 of the CEQA Guidelines apply as described below:
a. Section 15300.2(a): Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located -a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be Item #8.1.

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significant. Therefore, these classes are considered to apply in all instances, except where the project may impact on an
environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies.

Findings: There is no evidence in the record that the Project will impact an environmental resource of hazardous or critical concern in an area designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. Analysis is provided below.
b. Section 15300.2(b): Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of
successive projects of the same type in the same place, over time is significant.

Findings: There is no evidence in the record that successive projects of the same type in the area will have a significant environmental impact. The Project would result in a cumulative lot coverage of approximately 10 percent or 6, 110 square feet of land, and is not anticipated to impact sensitive environments, as the Site is already disturbed from previous development activities and neighboring parcels are developed. As the lot size exceeds 10,000 square feet in size (62,727 square feet), under the R-1-10 Zoning District, the maximum lot coverage is allowed is 35 percent. As such, no cumulative impacts are anticipated. c. Section 15300.2(c): Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.

Findings: There is no evidence in the record that there is any reasonable possibility that the project will have a significant on the environment. Generally, a finding of significant impact is found where the project (1) has some unusual circumstances (such as size or location) which distinguishes the project from the categorically exempt class of projects, and (2) it can be shown that due to such unusual circumstances, there is a reasonable possibility of a significant effect on the environment. There is no unusual circumstance applicable to the project. As stated previously, the Site is already disturbed from previous development activities, neighboring parcels are developed, and the proposed total lot coverage is allowed under the CMG. The Site is currently developed and mapped within the Very High Fire Hazard Severity Zone (FHSZ)2; therefore, as proposed, the Project shall be required to meet all of the conditions of CFC 2 https://eqis.fire.ca.gov/FHSZ/
Item #8.1.

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Chapter 49, CBC Chapter 7 A and the Residential Code, Section R327 and shall also be subject to additional review and approval by the Fire Department at the time of building or grading permit application.

Per the City of Calistoga's General Plan, Public Safety Element 2014 Update, new development in Very High and High Fire Hazard Severity Zones is required by state law to utilize fire resistant building materials and provide adequate access for emergency vehicles. California Fire Code Chapter 49 establishes fire safety requirements for new construction in the wild/and-urban interface fire area, which have been incorporated into the CMC Chapter 15. 36. New construction in these zones is required to adhere to guidelines for defensible space, vegetation
management in a fire-safe manner, financial responsibility for maintenance of landscaping and open parcels (forest), and other measures. In addition, a wildfire behavior model is required to specify building setbacks and fire resistive ratings. The Fire Department routinely inspects properties and homes in the Very High Fire Hazard Area to enforce vegetation management
requirements and publicizes the chipping program provided by the Napa Communities Firewise Foundation, which encourages the removal of dangerous vegetation. The Department is familiar with the locations of all structures in this Area and available access. 3 As such, with conditions incorporated, significant environmental impacts would not occur.
d. Section 15300.2(d): Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR.

Findings: There is no evidence in the record that the project will result in damage to scenic resources. Napa County does not contain officially designated state scenic highways. While there are portions of highways that have been identified as eligible for listing, Highway 128 which is within the vicinity of the Site has not been officially designated or eligible for listing. 4
e. Section 15300.2(e): Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which 3 https://www.ci.calistoga.ca. us/home/showpu blisheddocument/35598/637430144068400000 4 https://dot.ca.gov/programs/design/lap-landscape-architecture-and-community-livability/lap-liv-i-scenichighways Item #8.1.

Resolution No. 2022-XX
Aurora Park Cottages Appeal AP 2022-1
March 15, 2022

is included on any list compiled pursuant to Section 65962.5 of the Government Code.

Findings: The project site is not listed on any list compiled pursuant to Section 65962.5 of the Government Code. In fact, there are no leaking underground storage tanks (LUST) and Cleanup Program Sites have been identified within a 1, 000-foot radius of the project area. 5
f. Section 15300.2(f): Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource.

Findings: There are no buildings on-site, nor are there any buildings within the vicinity of the Site registered with the Office of Historic Preservation as a California Historical Resource. 6 Since the project area is limited to developed site and there are no buildings on-site or within the vicinity registered as a California Historical Resource, no impacts to any historical resources would occur.

Concluding Findings: Because the Project is consistent with the requirements for a Class 3 categorical exemption pursuant to CEQA Guidelines Section 15303, and because none of the exceptions to application of a categorical exemption provided in CEQA Guidelines Section 15300.2 apply (provided above), there is substantial evidence in the record to support a finding that the Project is categorically exempt from CEQA and an EIR is not required. As such, the Project meets the requirements necessary to qualify for a Class 3 (New Construction of Conversion of Small Structures) categorical exemption under the CEQA Guidelines.

Appeal Issue D: The facilities must be inspected, and those reports should be forwarded to the Planning Commission, pursuant to §17.35.020(H).

Review of compliance history should be considered prior to approving any expansion. These inspections and reports are mandatory per City Code.

Staff Findings.

5. Per CMC §17.35.020(H) all facilities shall be inspected on an annual basis by the Planning and Building Department for conformance with use permit conditions and the regulations established in this title. Inspection reports shall be forwarded to the Planning Commission for informational purposes, as necessary.
5 https://geotracker.waterboards.ca.qov/map/?CMD=runreport&myaddress=1807+Foothill+Boulevard%2C+ Calistoga#
6 https://ohp. parks. ca.gov/Listed Resources/?view=county &criteria=28 Item #8.1.

Resolution No. 2022-XX
Aurora Park Cottages Appeal AP 2022-1
March 15, 2022

Findings: Complies - There is no evidence in the record that would have required forwarding of past inspection reports to the Planning Commission for informational purposes. The Building Department and the Fire Department did conduct the required annual inspection reports. The annual inspection reports on file do not provide any additional information pertinent to the use permit and design review renewal application. If there were compliance issues present, Police, Fire, and/or Building would provide them to Staff. Prior to the last hearing for the project, no concerns were raised from the departments. In addition, Staff checked with Police to confirm any existing issues due to neighbor concerns (private easement disputes) and none were present.

BE IT FURTHER RESOLVED, by the City of Calistoga City Council that based on the above findings, use permit application UP 2022-1 and design review application DR 2022-1 is approved, subject to the conditions attached hereto as Exhibit A.

PASSED, APPROVED AND ADOPTED this 15th day of March 2022. I,

MARNI RITTBURG, 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:

Marni Rittburg, CMC, City Clerk Chris Canning, Mayor
Item #8.1.

Resolution No. 2022-XX
Aurora Park Cottages Appeal AP 2022-1
March 15, 2022

Exhibit A
Conditions of Approval
Use Permit UP 2022-1 and Design Review DR 2022-1
General

1. The improvements and uses hereby permitted shall substantially conform to the plans and project description received as part of applications UP 2018-12 and DR 2018-9 by the Planning and Building Department, except as noted in the permit conditions.

2. Minor modifications to the project design that do not generate environmental impacts may be approved in writing by the Planning and Building Director.

3. This approval shall be null and void if not used within a year, unless an extension and/or building permit has been issued for the project prior to the expiration date.

4. This approval does not abridge or supersede the regulatory powers or permit requirements of any federal, state or local agency, special district or department which may retain regulatory or advisory function as specified by statue or ordinance. Permits shall be obtained as may be required from each authority.

5. All conditions associated with previous entitlements for the property shall remain in effect, unless specifically modified by this approval.

Planning Department

6. Prior to the installation of any landscaping, a final landscape plan prepared in accordance with the State Water Efficient Landscape Ordinance shall be submitted for City approval. Landscaping and irrigation shall be installed prior to project occupancy, maintained throughout the life of the project, and replaced as necessary.

7. All permanent exterior lighting shall be directed and/or shielded so as not to shine or create glare on any adjacent property in accordance with the standards contained in Section 17.36 of the Calistoga Municipal Code and the Title 24 Part 6 2007 California Energy Code which limits light and glare, subject to the review and approval of the Planning and Building Department.

Fire Department

8. This project is in the Very High Fire Hazard Area and is required to meet all of the conditions of CFC Chapter 49, CBC Chapter 7 A and the Residential Code, Section R327. The project shall be subject to additional review and approval by the Fire Department at the time of building or grading permit application.

Public Works Department

9. A new water and wastewater baseline shall be established for this project, and the owner shall purchase additional water and wastewater allocations as necessary.

Item #8.1.

Resolution No. 2022-XX
Aurora Park Cottages Appeal AP 2022-1
March 15, 2022

10. New cottages shall be served by the existing water lateral serving APN 011-290- 046. The Developer shall adequately size the existing water lateral and water meter to serve additional cottages. Connecting to private water laterals that serve neighboring properties is not allowed.
11 . Provide evidence to the City that the existing sewer lateral is structurally-sound and correctly sized and sloped. This can be done by videoing the sewer lateral with a Public Works employee present and providing the City with a copy of the video.

New cottages shall be served by the existing sewer lateral serving APN 011-290- 046.

12. All private storm drains, water, fire line services, sewer laterals, and appurtenances shall be located within the private property and clearly identified as private on the design drawings.

13. The developer shall design and construct all improvements and facilities shown on the approved plans and shall comply with the Calistoga Municipal Code and the "Standard Specifications" of the Public Works Department which utilizes the City of Santa Rosa Standards. Approval of plans depicting improvements that do not conform to the CMC or City standards does not constitute approval of exception to the CMC or City standards unless explicitly approved by the City Public Works Department.

14. The developer shall submit a soils investigation/geotechnical report for the project site with the first set of improvement plans. The improvement plans shall incorporate all design and construction criteria specified in the report. The soils engineer shall review the improvement plans and provide a letter to the City stating the plans are consistent with their recommendations.

15. No grading or other construction shall be performed until the improvement plans have been approved and signed by the City Engineer. Encroachment permits and building permits will not be issued prior to the approval of the improvement plans, unless otherwise approved by the City Engineer.

16. Provide final fire flow/sprinkler calculations that include existing city pressure/flows at main and account for all losses due to new service line, backflow devices/meters/minor losses and elevation losses to the project. Additional fire pumping will likely be required to adequately serve the project.

17. Provide a final drainage study and stormwater control report (per BASMAA standards) prior to improvement plans approval.

18. Prior to occupancy, owner shall sign a maintenance agreement for any stormwater quality/detention devices.

19. The developer's engineer shall include a site grading plan that conforms to the requirements of CMC 19.08 as part of the required improvement drawings.

20. Improvement plans shall include an erosion control plan and a NOI/SWPPP.

Item #8.1.

Resolution No. 2022-XX
Aurora Park Cottages Appeal AP 2022-1
March 15, 2022

21. A tree removal permit shall be obtained prior to the removal of any trees on the project site, and any replacement requirements shall be complied with prior to final occupancy per Calistoga Municipal Code (CMG) Chapter 19.01 and to the satisfaction of the Public Works Department.

22. Obtain an encroachment permit and/or utility access agreements/easements from Caltrans for all work within (or use of) the Caltrans right-of-way.

Item #8.1.

MINUTES

CALISTOGA PLANNING COMMISSION
February 9, 2022 at 5:30 p.m. via Zoom
ATTACHMENT 2
Vice Chair Wilkes called the meeting to order at 5:30 p.m. He read a special message concerning the conduct of the virtual meeting in accordance with provisions related to COVID-19.

A. ROLLCALL
Commissioners present: Vice Chair Tim Wilkes, Commissioners Doug Allan, Rick Kaiser, and Michael Vaughn. Commissioners absent: Chair Scott Cooper. Staff present: Planning and Building Director Jeff Mitchem, Associate Planner Samantha Thomas and Planning Secretary Claudia Aceves.

B. PLEDGE OF ALLEGIANCE
C. PUBLIC COMMENTS
None.

D. ADOPTION OF MEETING AGENDA
The meeting agenda was adopted as presented.

E. COMMUNICATIONS/CORRESPONDENCE
Associate Planner Thomas reports that one comment was received on item G2.

F. CONSENT CALENDAR

1. Approval of Draft Minutes from the January 26, 2022 meeting.

The consent calendar was adopted unanimously.

G. PUBLIC HEARINGS

1. Street Vacation of a portion of Gold Street at APN 011-192-003 - SV 2021-1:

Consideration to vacate a portion of the Gold Street (APN 011-192-003) as requested by the owner. This item would also clean up city records regarding the intended purpose of the subject property. The proposed action is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines.

Associate Planner Thomas presents the staff report to vacate a portion of Gold Street and cleanup city records regarding the intended purpose. She reports that city code establishes procedures for vacating and abandoning a street, including pursuing a summary vacation or general vacation procedure. She notes that this instance calls for a general vacation procedure because there is a drainage facility that would need to remain in the former right-of-way. She provides an overview of the requirements for a general vacation procedure, including Planning Commission's review for consistencies with the 2003 General Plan update. She provides the approval history Item #8.1.

Planning Commission Minutes
February 9, 2022 Meeting

from previous years, including oppositions and denials for the vacation. She reviews the GP goals that would need to be met to assist in making a determination. She notes that the segment of street in question has historically been considered a "paper street" and not necessary to maintain Calistoga's street network. She provides the recommendations, including a dedicated easement over existing drainage facilities as a condition of approval, noting that the applicant has expressed a desire to relocate those facilities. She notes that staff finds the vacation is consistent with the 2003 GP goals previously identified and recommends that Planning Commission adopt a resolution recommending to City Council the approval of a street vacation for a portion of Gold Street with conditions.

Commissioner Allan asks how difficult it would be to move the drainage and the implications for development and Associate Planner Thomas responds that after conversations with city engineer Hamid Heidary, moving the drainage is feasible although no development can go on top of it, noting that costs would need to be considered by the developer.

Commissioner Vaughn asks if setbacks would be an issue as the lot is narrow.

Applicant, Ralph Strauss, comments that he agrees with the conditions of approval as presented. He notes that after his conversations with Mr. Heidary, he would need to demonstrate that the drainage can be properly designed and moved to one side of site resulting in the other portion of site available for development at 60 feet wide with 15-foot easement allowing 45 feet for a home construction.

Commissioner Allan asks if there is any intention to split the lot and Mr. Strauss confirms the intention is to split noting that the lot is double sized and once divided would match the neighboring lots.

Commissioner Allan asks for clarification that this application does not include a lot split and Associate Planner Thomas confirms a lot split would come at a later time.

Vice Chair Wilkes clarifies that the Commission is only being asked whether this complies with the General Plan and recommend the action to City Council.

During public comment, Lisa Moore shares her opposition to the vacation, citing an environmental impact to the natural wildlife and plant life in this corridor and requests an environmental report.

Commissioner Kaiser comments that the points brought up pertain to what is being discussed, rather the second phase and Vice Chair Wilkes confirms, as it is not a proposal for a specific development and those issues would be addressed during that application.

Item #8.1.

Planning Commission Minutes
February 9, 2022 Meeting

Commissioner Allan comments that the environmental concern raises valid points, however with the question at hand has no further comments and commissioners agree.

Vice Chair Wilkes comments that the city has ordinances dealing with some of these issues noting there would be a CEQA analysis when it's time.

A motion by Commissioner Kaiser that the Planning Commission adopt a resolution recommending to the City Council the approval of a Street Vacation for a portion of Gold Street between Foothill Boulevard and Myrtle Street is seconded by Commissioner Vaughn and approved unanimously (4-0).

2. Aurora Park Cottages - Use Permit UP 2022-1 and Design Review DR 2022- 2: Consideration of use permit and design review application renewal (originally UP 2018-12 and DR 2018-9) to allow a three (3) guest unit expansion atan existing sevenunit bed and breakfast located at 1807 Foothill Boulevard (APN 011-290-046). This proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) under Section 15303 of the CEQA Guidelines.

Associate Planner Thomas presents the staff report for the request of a Use Permit and Design Review renewal for a three-guest unit expansion project at Aurora Park Cottages noting that there were no changes to the project since the approval in 2020.

She comments that the project was approved in February 2020, which was good for one year, and then an extension was granted due to financing issues during COVID.

She notes that if approved, this would be a new Use Permit and Design Review project entitlement. She provides background on previous approvals and information on the scope of the proposed expansion, including number of guest units and parking spaces. She provides an overview of the zoning requirements and General Plan objectives related to the project and its location and provides a description of the landscaping plan and design background.

Vice Chair Wilkes clarifies that the public comment letter received from attorney Thomas Adams is a dispute issue between property owners and not an issue for commissioners to address and Associate Planner Thomas confirms.

Commissioner Kaiser wonders if the design could be changed to not create an issue with neighbors but realizes it's an issue between the neighbors.

Vice Chair Wilkes suggests that it would be something that could come back if there was a resolution later, but the proposed design has been reviewed and found to be appropriate.

Commissioner Allan referring to the letter by Mr. Adams asks for clarification about whether it is relevant in this case.

Item #8.1.

Planning Commission Minutes
February 9, 2022 Meeting

Director Mitchem responds that it is part of the record from previously issued entitlements and agrees that it is a civil matter not to be brought to bear on what is being reviewed.

Associate Planner Thomas confirms that it was brought up in the 2020 meeting and it was indicated that the city does not get involved in private easement disputes.

Applicant, David Patel, comments that he appreciates their consideration and looks forward to getting the project underway.

Vice Chair Wilkes asks whether this request is identical to what was reviewed in 2020 and Mr. Patel confirms that nothing has changed.

Attorney Mr. Adams representing the owners at 1819 Foothill Boulevard comment on his clients' objections to the proposed expansion project, citing conflict with the driveway, emergency vehicle access concerns, improvements not being where they appear on plans, CEQA findings, among concerns.

Vice Chair Wilkes responds that he does not agree some of the areas of the code cited are correct noting that parking, fire access, fire abatement, WUI etc. were reviewed by various departments and signed off as the recommendation is an approval and Associate Planner Thomas confirms it was reviewed twice and approved.

Commissioner Allan comments that he doesn't believe this parcel is a strictly residential parcel as noted by Mr. Adams, clarifying that a bed and breakfast use is allowed.

Vice Chair Wilkes adds that the parcel could be used for a single-family home but the existing use and what's being proposed is also permitted.

Commissioner Kaiser asks if these issues were addressed when use permit was extended before and Vice Chair Wilkes confirms, adding that much of the same issues were covered during that hearing.

Mr. Adams asks if commissioners are taking the position that the proposed project is not located on a residentially zoned property and not required to comply with the bed and breakfast provisions for a residentially zones property.

Vice Chair Wilkes responds that it is a residential zoned property and the use that is existing and proposed is permissible in that parcel.

Mr. Adams asks if commissioners are taking the position that the project is not subject to the accessory and secondary use standards in the code.

Vice Chair Wilkes responds that they have been advised by staff that the proposed project is in compliance.

Item #8.1.

Planning Commission Minutes
February 9, 2022 Meeting

Commissioner Vaughn comments that if it was previously approved, he's unsure why they wouldn't re-approve, and Commissioner Kaiser agrees as no additional issues have been brought up.

Vice Chair Wilkes notes for the record that before the 2020 hearing he met on site with the arborist and was satisfied that any issues would be dealt with.

A motion by Vice Chair Wilkes that the Planning Commission approved Use Permit UP2022-1 and Design Review DR 2022-2 is seconded by Commissioner Allan and approved unanimously (4-0).

Vice Chair Wilkes reminds Mr. Adams that they have 10 days to appeal if they wish to exercise that.

H. DIRECTOR~S REPORT
Director Mitchem provides an update on the Housing Element noting that staff is moving forward with the public review draft, which was published and posted on the city's homepage. He provides the timeline for future hearing and HCD reviews leading toward the adoption near the end of 2022. He also provides an update on S89, noting there is no need for an emergency ordinance at this time.

Commissioner Allan comments on the news from Woodside regarding S89 related issues, noting that there is something to be learned that the state is watching and not afraid to support their legislation.

Director Mitchem comments we're deferring to the state to liberate the housing market, and for a small community like ours to find room within our community would go a long way towards distributing more affordable housing.

I. MATTERS INITIATED BY COMMISSIONERS
Vice Chair Wilkes asks if there is an agenda for the February 23th meeting and Associate Planner Thomas confirms.

Commissioner Vaughn asks if anyone has seen St. Helena and Yountville's urgency legislation.

Director Mitchem responds that staff is trying to stay abreast of all concurrent legislation analogous to our community and county wide.

J. ADJOURNMENT
On a motion from Vice Chair Wilkes that is adopted unanimously (4-0), the meeting was adjourned at 6:29 p.m.

Item #8.1.

DATE
ITEM

APPLICANT

PROPERTY ADDRESS
ASSESSOR'S PARCEL NO.

GENERAL PLAN DESIGNATION

ZONING DISTRICT

STAFF CONTACT

POTENTIAL CONFLICTS

RECOMMENDATION

SUGGESTED MOTION
ATTACHMENT 3
City of Calistoga
Planning Commission
Agenda Item Summary
February 9, 2022
Use Permit and Design Review
UP 2022-1 & DR 2022-1
David Patel
1807 Foothill Boulevard
011-290-046
Low Density Residential
Foothill Character Area Overlay
R-1-10: One-Family Residential
Samantha Thomas, Associate Planner
Chair Cooper
Adopt Resolution with conditions.
"I move that the Planning Commission adopt a
resolution approving Use Permit 2022-1 and
Design Review 2022-1 renewing UP 2018-12
and DR 2018-9 for a three-guest unit expansion
project and associated on-site improvements
located at 1807 Foothill Boulevard, with
conditions."
Item #8.1.

CALISTOGA PLANNING COMMISSION

STAFF REPORT
To:

From:

Calistoga Planning Commission
Samantha Thomas, Associate Planner
Meeting Date: February 9, 2022
Subject: Aurora Park Cottages Expansion - Renewal of Use Permit and Design Review
Use Perm it UP 2022-1 and Design Review DR 2022-1
1807 Foothill Boulevard
ITEM
2 Consideration of use permit and design review renewal application for a three-guest unit 3 expansion project and associated on-site improvements at the Aurora Park Cottages 4 located at 1807 Foothill Boulevard (APN 011-290-046), originally approved by Planning 5 Commission on February 26, 2020.
6 Refer to Attachment 1 for Draft Resolution and Conditions of Approval. 1 KEY ISSUES
8 • A net gain of three guest units (for a total of ten) at an existing bed and breakfast 9 inn in the R-1-10 Zoning District
10 • Conversion of existing two-bedroom guest cottage to front office and manager's 11 unit (relocating it from the adjacent property)
12 • Architectural compatibility with existing structures 13 • No change to project since its approval in 2020
14 BACKGROUND
15 The subject 1.44-acre property is
15 located on the south side of
11 Foothill Boulevard between High
18 Street and Lerner Drive, and
19 slopes gently towards the road.
20 This side of Foothill Boulevard
21 between Petrified Forest Road
22 and Lincoln Avenue is
23 predominantly developed with
24 hillside residential uses and
25 several bed and breakfast facilities
25 of good architectural character,
21 including The Chanric Inn next
28 door. On the opposite side of
29 Foothill Boulevard, the area Aurora Park Cottaqes
Item #8.1.

Aurora Park Cottages Expansion (Renewal)
Use Permit UP 2022-1 and Design Review DR 2022-1
February 9, 2022

30 consists primarily of single-family residential uses. The seven existing cottages are 31 accessed via a private drive that also serves several uphill single-family residences. 32 Refer to Attachment 2 for Vicinity Map.
33 The guest cottages on the property have been in use as visitor accommodations since 34 the 1950s. In 1998, a proposal to substantially alter the Aurora Park Cottages was 35 approved by the City, and included architectural changes, enlarged structures and 36 extensive landscaping. The project was ultimately abandoned by a subsequent owner, 37 and in 1999 a substantially less-comprehensive plan for exterior changes was 38 approved. Under new ownership, a use permit was approved in 2015 allowing for a 39 seventh guest unit and the elimination of the onsite owner/manager residence, which 40 was relocated to the adjoining parcel.
41 On February 26, 2020, after a duly noticed public hearing, the Planning Commission 42 adopted Resolution 2020-5 (see Attachment 3), approving a use permit and design 43 review application for a three-guest unit expansion project on the site. Use Permits and 44 Design Reviews are only good for one year under the municipal code and they can be 45 extended by one year by Staff. Staff granted the one-year extension in late 2020 (see 46 Attachment 4) when it became clear to the applicant that the COVID pandemic was not 47 a short-term situation.
48 The applicant expressed in their request letter (see Attachment 5) that the primary issue 49 moving forward with the proposed project was their inability to get financing as the 50 overall hotel industry is still in a recovery phase due to the COVID pandemic. However, 51 the project's land use entitlements will sunset at the beginning of March this year, and 52 the applicant has requested to come back to Planning Commission to renew the use 53 permit and design review application. If the attached draft resolution is approved, this 54 would effectively be a brand-new use permit and design review project entitlement. 55 PROJECT DESCRIPTION
56 The use permit and design review application request approval for the construction of 57 four new guest cottages, one of which would be designated as an accessible unit. The 58 single-story structures would be located on either side of a large oak, which would be 59 preserved. One of the existing guest cottages would no longer be used as a visitor 60 accommodation, but instead be expanded and converted to use as a front office and 61 manager's residence. This would result in a net gain of three guest units, for a total of 62 10. Six new parking spaces, including one ADA space, would be added for a total of 14 63 parking spaces.
64 The proposed new structures would be somewhat larger than the existing cottages (600 65 square feet versus 400 square feet) but will otherwise feature very similar architectural 66 features (wood siding, peaked roofs, exposed rafters with knee-braces, and small front67 facing decks). The site arrangement of the new cottages would continue the linear 68 layout of the buildings on the property. Refer to Attachment 6 for the Project Description 69 and Project Plans.
70 ANALYSIS
Item #8.1.

Aurora Park Cottages Expansion (Renewal)
Use Permit UP 2022-1 and Design Review DR 2022-1
February 9, 2022

71 A. General Plan Consistency
n Land Use Element: The General Plan designation for the property is Low-Density 73 Residential, which allows bed and breakfast establishments. The Foothill Character 74 Area overlay, which also applies to the property, supports a limited number of bed and 75 breakfast uses. Although the number of guest units would be increasing on the property, 76 the total number of establishments in the community would remain the same. Allowing n three additional guest units would be an allowed use in the land use designation. The 78 larger size of the planned guest cottages is in keeping with growing trends in the 79 industry.
80 Economic Development: Allowing this bed and breakfast expansion would be consistent 81 with General Plan Objective ED-1 .1, which encourages the City to support the lodging 82 industry.
83 B. Zoning Compliance
84 The property is located within the R-1-10: One-Family Residential Zoning District. Bed 85 and breakfast inns and facilities are a conditionally-permitted use within this district. 86 CMC Chapter 17.35 delineates the specific bed and breakfast regulations. 87 The applicant has requested an exception in order to add three guest units, for a total of 88 10. Pursuant to CMC Section 17.35.040(C)(4) an exception may be granted to allow the 89 establishment of up to 10 rental units. Prior to approval of the exception, the Planning go Commission must consider the following special circumstances:
91 a. A bed and breakfast inn and facility or other visitor accommodation located on 92 the property was authorized by the City on or before January 1, 2010; and 93 b. The property is located within an R-1-10 zone; and 94 c. The property is established with no more than 10 rental units; and 95 d. The lot size exceeds 10,000 square feet.
96 The Aurora Park Cottages were established prior to January 1, 2010 and the 1.44-acre 97 property is located within the R-1-10 Zoning District. Upon approval of this permit, the 98 property would have 10 guest units (the maximum allowed). The proposal to operate a 99 10-unit bed and breakfast at this location meets the purpose and intent of the Ordinance 100 and it can be found to meet the special circumstances to allow the expanded use. 101 As shown in the table below, the project is also consistent with all R-1-10 Zoning District 102 development standards.

Applicable R-1-1 O Development Standards Proposed Development Minimum Front Yard Setback 20 feet 20 feet
Minimum Side Yard Setback 5 feet >5 feet
Minimum Rear Yard Setback 20 feet >20 feet
Building Height 25 feet approx. 15 feet
Item #8.1.

Aurora Park Cottages Expansion (Renewal)
Use Permit UP 2022-1 and Design Review DR 2022-1
February 9, 2022

Parking 1 space per room,
plus two for an onsite manager
103 C. Aesthetics
14 spaces are provided
104 The proposed designs of the new cottages and the addition to create the guest 105 services/manager's residence mirror the architectural style, colors, and elements of the 106 existing buildings on the property. Wood siding, trim, and asphalt shingle roofing would 107 all be designed to match the current materials of the existing cottages. Similarly, the 108 new cottages would be painted with light yellow siding and white trim to match the 109 existing units. Each cottage would feature a deck on the front. The addition of the four 110 proposed structures would enhance the existing bed and breakfast inn. No trees will be 111 removed, and the project is designed around two large existing oak trees. The existing 112 landscape scheme would be continued to the new cottages. 113 PUBLIC COMMENTS
114 When the project went before Planning Commission in early 2020, Staff received four 115 letters of concern and opposition from neighbors. Those letters have been included in 116 Attachment 7.
117 ENVIRONMENTAL REVIEW
118 Staff has determined that the proposed project is Categorically Exempt from the 119 requirements of the California Environmental Quality Act (CEQA) pursuant to Section 120 15303 (New Construction or Conversion of Small Structures) of the CEQA Guidelines. 121 FINDINGS
122 To reduce repetition, all the necessary findings to approve the subject application is 123 contained in the attached Resolution.
124 RECOMMENDATION
125 Based on the information provided, Staff recommends that the Planning Commission 126 adopt a resolution approving use permit application UP 2022-1 and design review 127 application DR 2022-1 renewing UP 2018-12 and DR 2018-9 for a three-guest unit 128 expansion project and associated on-site improvements located at 1807 Foothill 129 Boulevard, with conditions.

ATTACHMENTS

1. Draft Resolution and Conditions of Approval

2. Vicinity Map

3. PC Resolution 2020-5

4. Applicant Request Letter- January 31, 2022

5. Time Extension Approval - July 28, 2020

6. Project Description and Project Plans

7. Public Comments
Item #8.1.

CITY OF CALISTOGA

PLANNING COMMISSION
RESOLUTION PC 2022-3
APPROVING USE PERMIT APPLICATION UP 2022-1 AND DESIGN REVIEW APPLICATION DR 2022-1 RENEWING UP 2018-12 AND DR 2018-9 FOR A THREE GUEST UNIT EXPANSION AT 1807 FOOTHILL BOULEVARD (APN 011-290-046) WHEREAS, David Patel (applicant) proposes to add three guest units and associated on-site improvements at the Aurora Park Cottages, located at 1807 Foothill Boulevard; and
WHEREAS, the Planning Commission approved Resolution 2020-5 on February 26, 2020, approving a use permit and design review for this project; and WHEREAS, the Planning and Building Director granted a one year time extension on July 28, 2020 for this project; and
WHEREAS, the use permit and design review will expire on March 7, 2022, two years after their effective date; and
WHEREAS, the applicant requests to reapply for and renewal of their land use entitlements (use permit and design review) for this project; and WHEREAS, the Planning Commission considered these requests at a public hearing on February 9, 2022, and prior to taking action on the applications, received written and oral staff reports, and public testimony; and WHEREAS, this action has been reviewed for compliance with the California Environmental Quality Act (CEQA) and is exempt pursuant to Section 15303 of the CEQA Guidelines (New Construction and Conversion of Small Structures); and WHEREAS, the Planning Commission pursuant to CMC Section 17.40.030(0) has made the following findings that the use permit application:

1. Finding: Is in accord with the General Plan and any applicable planned development.

Substantial evidence: The project is consistent with applicable policies included in the General Plan. The property is within the Low-Density Residential Land Use Designation, which allows the proposed visitor accommodation use, and the intensity of the project is appropriate. Adding three guest units to meet growing visitor demands also achieves the policy direction contained in the Economic Element of the General Plan.

2. Finding: Is in accord with all applicable provisions of the Zoning Code.

Substantial evidence: The property is located within the R-1-10: One-Family Zoning District. The R-1-10 District conditionally allows bed and breakfast inns with up to ten units. The expanded use is consistent with the R-1--10 District development standards and would comply with the parking requirements associated with this use.

Item #8.1.

Resolution No. PC 2022-3
Aurora Park Cottages Expansion
Use Permit UP 2022-1 and Design Review DR 2022-1
February 9, 2022

3. Finding: Will not substantially impair or interfere with the development, use or enjoyment of other property in the vicinity.

Substantial evidence: The existing resort property is adequate in size, shape, location, and physical characteristics to accommodate the type and intensity of the proposed structures and associated use. No impacts to surrounding properties are anticipated.

4. Finding: Is consistent with and enhances Calistoga's history of independentlyowned businesses, thus contributing to the uniqueness of the town, which is necessary to maintain a viable visitor industry and promote its economy.

Substantial evidence: The project involves an independently-owned business that would enhance the town's visitor industry.

5. Finding: Is resident-serving, in the case of a formula business.

Substantial evidence: The proposed use is not considered a formula business as defined by Title 17.

WHEREAS, the Planning Commission pursuant to Chapter 17.41.050 has made the following design review findings that the project:

1. Is in accord with the General Plan and any applicable planned development.

Supporting Evidence: The project is consistent with the policies included in the General Plan. The property is within the Low-Density Residential Land Use Designation, which allows the proposed visitor accommodation use, and the intensity of the project is appropriate. Adding three new guest cottage structures and converting an existing cottage to a manager's residence in order to meet growing visitor demands also achieves the policy direction contained in the Economic Element of the General Plan.

2. Is in accord with all applicable provisions of the Zoning Code.

Supporting Evidence: The property is located within the R-1-10: One-Family Zoning District. The R-1-10 District conditionally allows bed and breakfast inns.

The expanded and reconfigured use is consistent with the R-1-10 District development standards and would comply with the parking requirements associated with this use.

3. Is consistent with any adopted design review guidelines to the extent possible.

4. Supporting Evidence: The project's design elements are consistent with Community Identity Element policies that encourage the use of existing materials that have traditionally been used in Calistoga. The proposed design and materials are consistent with the prior approved development on this property.

Will not impair or interfere with the development, use or enjoyment of other property in the vicinity or the area.

Supporting Evidence: The existing resort property is adequate in size, shape, location, and physical characteristics to accommodate the type and intensity of Item #8.1.

Resolution No. PC 2022-3
Aurora Park Cottages Expansion
Use Permit UP 2022-1 and Design Review DR 2022-1
February 9, 2022

the proposed new and reconfigured structures and associated use. No impacts to surrounding properties are anticipated.

THEREFORE, BE IT RESOLVED by the City of Calistoga Planning Commission that based on the above findings, the Planning Commission approves the subject use permit and design review applications, subject to the attached conditions of approval (Exhibit A).

ADOPTED on February 9, 2022 by the following vote of the Calistoga Planning Commission:

AYES:

NOES:

ABSENT:

ABSTAIN:

Wilkes, Allan, Kaiser, Vaughn
None
None
Cooper
Item #8.1.

Resolution No. PC 2022-3
Aurora Park Cottages Expansion
Use Permit UP 2022-1 and Design Review DR 2022-1
February 9, 2022

Exhibit A
Conditions of Approval
Use Permit UP 2022-1 and Design Review DR 2022-1
General

1. The improvements and uses hereby permitted shall substantially conform to the plans and project description received as part of applications UP 2018-12 and DR 2018-9 by the Planning and Building Department, except as noted in the permit conditions.

2. Minor modifications to the project design that do not generate environmental impacts may be approved in writing by the Planning and Building Director.

3. This approval shall be null and void if not used within a year, unless an extension and/or building permit has been issued for the project prior to the expiration date.

4. This approval does not abridge or supersede the regulatory powers or permit requirements of any federal, state or local agency, special district or department which may retain regulatory or advisory function as specified by statue or ordinance. Permits shall be obtained as may be required from each authority.

5. All conditions associated with previous entitlements for the property shall remain in effect, unless specifically modified by this approval.

Planning Department

6. Prior to the installation of any landscaping, a final landscape plan prepared in accordance with the State Water Efficient Landscape Ordinance shall be submitted for City approval. Landscaping and irrigation shall be installed prior to project occupancy, maintained throughout the life of the project, and replaced as necessary.

7. All permanent exterior lighting shall be dire_cted and/or shielded so as not to shine or create glare on any adjacent property in accordance with the standards contained in Section 17.36 of the Calistoga Municipal Code and the Title 24 Part 6 2007 California Energy Code which limits light and glare, subject to the review and approval of the Planning and Building Department.

Fire Department

8. This project is in the Very High Fire Hazard Area and is required to meet all of the conditions of CFC Chapter 49, CBC Chapter 7A and the Residential Code, Section R327. The project shall be subject to additional review and approval by the Fire Department at the time of building or grading permit application.

Item #8.1.

Resolution No. PC 2022-3
Aurora Park Cottages Expansion
Use Permit UP 2022-1 and Design Review DR 2022-1
February 9, 2022

Public Works Department

9. A new water and wastewater baseline shall be established for this project, and the owner shall purchase additional water and wastewater allocations as necessary.

10. New cottages shall be served by the existing water lateral serving APN 011-290- 046. The Developer shall adequately size the existing water lateral and water meter to serve additional cottages. Connecting to private water laterals that serve neighboring properties is not allowed.

11. Provide evidence to the City that the existing sewer lateral is structurally-sound and correctly sized and sloped. This can be done by videoing the sewer lateral with a Public Works employee present and providing the City with a copy of the video.

New cottages shall be served by the existing sewer lateral serving APN 011-290- 046.

12. All private storm drains, water, fire line services, sewer laterals, and appurtenances shall be located within the private property and clearly identified as private on the design drawings.

13. The developer shall design and construct all improvements and facilities shown on the approved plans and shall comply with the Calistoga Municipal Code and the "Standard Specifications" of the Public Works Department which utilizes the City of Santa Rosa Standards. Approval of plans depicting improvements that do not conform to the CMC or City standards does not constitute approval of exception to the CMC or City standards unless explicitly approved by the City Public Works Department.

14. The developer shall submit a soils investigation/geotechnical report for the project site with the first set of improvement plans. The improvement plans shall incorporate all design and construction criteria specified in the report. The soils engineer shall review the improvement plans and provide a letter to the City stating the plans are consistent with their recommendations.

15. No grading or other construction shall be performed until the improvement plans have been approved and signed by the City Engineer. Encroachment permits and building permits will not be issued prior to the approval of the improvement plans, unless otherwise approved by the City Engineer.

16. Provide final fire flow/sprinkler calculations that include existing city pressure/flows at main and account for all losses due to new service line, backflow devices/meters/minor losses and elevation losses to the project. Additional fire pumping will likely be required to adequately serve the project.

17. Provide a final drainage study and stormwater control report (per BASMAA standards) prior to improvement plans approval.

18. Prior to occupancy, owner shall sign a maintenance agreement for any stormwater quality/detention devices.

Item #8.1.

Resolution No. PC 2022-3
Aurora Park Cottages Expansion
Use Permit UP 2022-1 and Design Review DR 2022-1
February 9, 2022

19. The developer's engineer shall include a site grading plan that conforms to the requirements of CMC 19.08 as part of the required improvement drawings.

20. Improvement plans shall include an erosion control plan and a NOI/SWPPP.

21. A tree removal permit shall be obtained prior to the removal of any trees on the project site, and any replacement requirements shall be complied with prior to final occupancy per Calistoga Municipal Code (CMC) Chapter 19.01 and to the satisfaction of the Public Works Department.

22. Obtain an encroachment permit and/or utility access agreements/easements from Caltrans for all work within (or use of) the Caltrans right-of-way.

Item #8.1.

LOCATION MAP
Aurora Park Cottages
1807 Lincoln Avenue
APN 011-290-046
0 75 Feet
Item #8.1.

CITY OF CALISTOGA

PLANNING COMMISSION
RESOLUTION PC 2020-5
ATTACHMENT 3
APPROVING USE PERMIT UP 2018-12 AND DESIGN REVIEW DR 2018-9 FOR A THREE GUEST UNIT EXPANSION AT 1807 FOOTHILL BOULEVARD
WHEREAS, the Planning and Building Department has received applications from David Patel requesting a use permit and design review approval to allow three additional guest units at the Aurora Park Cottages, 1807 Foothill Boulevard; and WHEREAS, the Planning Commission considered the request at a public hearing on February 26, 2020. Prior to taking action on the applications, the Planning Commission received written and oral reports by the staff, and received public testimony; and
WHEREAS, this action has been reviewed for compliance with the California Environmental Quality Act (CEQA) and is exempt from the requirements of the CEQA pursuant to Section 15303 of the CEQA Guidelines (New Construction and Conversion of Small Structures); and
WHEREAS, the Planning Commission pursuant to CMC Section 17.40.030(0) has made the following findings that the use permit application:

1. Finding: Is in accord with the General Plan and any applicable planned development.

Substantial evidence: The project is consistent with applicable policies included in the General Plan. The property is within the Low Density Residential Land Use Designation, which allows the proposed visitor accommodation use, and the intensity of the project is appropriate. Adding three guest units to meet growing visitor demands also achieves the policy direction contained in the Economic Element of the General Plan.

2. Finding: Is in accord with all applicable provisions of the Zoning Code.

Substantial evidence: The property is located within the R-1-10: One-Family Zoning District. The R-1-10 District conditionally allows bed and breakfast inns with up to ten units. The expanded use is consistent with the R-1-10 District development standards and would comply with the parking requirements associated with this use.

3. Finding: Will not substantially impair or interfere with the development, use or enjoyment of other property in the vicinity.

Substantial evidence: The existing resort property is adequate in size, shape, location, and physical characteristics to accommodate the type and intensity of the proposed structures and associated use. No impacts to surrounding properties are anticipated.

Item #8.1.

Resolution No. PC 2020-5
Aurora Park Cottages Expansion
Use Permit UP 2018-12 and Design Review DR 2018-9

4. Finding: Is consistent with and enhances Calistoga's history of independentlyowned businesses, thus contributing to the uniqueness of the town, which is necessary to maintain a viable visitor industry and promote its economy.

Substantial evidence: The project involves an independently-owned business that would enhance the town's visitor industry.

5. Finding: Is resident-serving, in the case of a formula business.

Substantial evidence: The proposed use is not considered a formula business as def!._ned by Title 17.

WHEREAS, the Planning Commission pursuant to Chapter 17.41.050 has made the following design review findings that the project:

1. Is in accord with the General Plan and any applicable planned development.

Supporting Evidence: The project is consistent with the policies included in the General Plan. The property is within the Low Density Residential Land Use Designation, which allows the proposed visitor accommodation use, and the intensity of the project is appropriate. Adding three new guest cottage structures and converting an existing cottage to a manager's residence in order to meet growing visitor demands also achieves the policy direction contained in the Economic Element of the General Plan.

2. Is in accord with all applicable provisions of the Zoning Code.

Supporting Evidence: The property is located within the R-1-10: One-Family Zoning District. The R-1-10 District conditionally allows bed and breakfast inns.

The expanded and reconfigured use is consistent with the R-1-10 District development standards and would comply with the parking requirements associated with this use.

3. Is consistent with any adopted design review guidelines to the extent possible.

Supporting Evidence: The project's design elements are consistent with Community Identity Element policies that encourage the use of existing materials that have traditionally been used in Calistoga. The proposed design and materials are consistent with the prior approved development on this property.

4. Will not impair or interfere with the development, use or enjoyment of other property in the vicinity or the area.

Supporting Evidence: The existing resort property is adequate in size, shape, location, and physical characteristics to accommodate the type and intensity of the proposed new and reconfigured structures and associated use. No impacts to surrounding properties are anticipated.

THEREFORE, BE IT RESOLVED by the City of Calistoga Planning Commission that based on the above findings, the Planning Commission approves the subject use permit and design review applications, subject to the attached conditions of approval (Exhibit A).

Item #8.1.

Resolution No. PC 2020-5
Aurora Park Cottages Expansion
Use Permit UP 2018-12 and Design Review DR 2018-9

ADOPTED on February 26, 2020 by the following vote of the Calistoga Planning Commission:

AYES:

NOES:

Coates, Wilkes, McNair, Allan
None
ABSENT: None
RECUSAL: Cooper
ATTEST:

Lynnoldb
~ I Secret ~ ry
r2/4r
Paul Coates, Chair
Item #8.1.

Resolution No. PC 2020-5
Aurora Park Cottages Expansion
Use Permit UP 2018-12 and Design Review DR 2018-9

Exhibit A
Conditions of Approval
Use Permit UP 2018-12 and Design Review DR 2018-9
General

1. The improvements and uses hereby permitted shall substantially conform to the plans and project description received as part of applications UP 2018-12 and DR 2018-9 by the Planning and Building Department, except as noted in the permit conditions.

2. Minor modifications to the project design that do not generate environmental impacts may be approved in writing by the Planning and Building Director.

3. This approval shall be null and void if not used within a year, unless an extension and/or building permit has been issued for the project prior to the expiration date.

4. This approval does not abridge or supersede the regulatory powers or permit requirements of any federal, state or local agency, special district or department which may retain regulatory or advisory function as specified by statue or ordinance. Permits shall be obtained as may be required from each authority.

5. All conditions associated with previous entitlements for the property shall remain in effect, unless specifically modified by this approval.

Planning Department

6. Prior to the installation of any landscaping, a final landscape plan prepared in accordance with the State Water Efficient Landscape Ordinance shall be submitted for City approval. Landscaping and irrigation shall be installed prior to project occupancy, maintained throughout the life of the project, and replaced as necessary.

7. All permanent exterior lighting shall be directed and/or shielded so as not to shine or create glare on any adjacent property in accordance with the standards contained in Section 17.36 of the Calistoga Municipal Code and the Title 24 Part 6 2007 California Energy Code which limits light and glare, subject to the review and approval of the Planning and Building Department.

Fire Department

8. This project is in the Very High Fire Hazard Area and is required to meet all of the conditions of CFC Chapter 49, CBC Chapter 7 A and the Residential Code, Section R327. The project shall be subject to additional review and approval by the Fire Department at the time of building or grading permit application.

Item #8.1.

Resolution No. PC 2020-5
Aurora Park Cottages Expansion
Use Permit UP 2018-12 and Design Review DR 2018-9

Public Works Department

9. A new water and wastewater baseline shall be established for this project, and the owner shall purchase additional water and wastewater allocations as necessary.

10. The developer shall design and construct all improvements and facilities shown on the approved plans and shall comply with the Calistoga Municipal Code and the "Standard Specifications" of the Public Works Department which utilizes the City of Santa Rosa Standards. Approval of plans depicting improvements that do not conform to the CMC or City standards does not constitute approval of exception to the CMC or City standards unless explicitly approved by the City Public Works Department.

11. The developer shall submit a soils investigation/geotechnical report for the project site with the first set of improvement plan check prints. The improvement plans shall incorporate all design and construction criteria specified in the report. The soils engineer shall review the improvement plans and provide a letter to the City stating the plans are consistent with their recommendations.

12. No grading or other construction shall be performed until the improvement plans have been approved and signed by the City Engineer. Encroachment permits and building permits will not be issued prior to the approval of the improvement plans, unless otherwise approved by the City Engineer.

13. Provide final fire flow/sprinkler calculations that include existing city pressure/flows at main and account for all losses due to new service line, backflow devices/meters/minor losses and elevation losses to the project. Additional fire pumping will likely be required to adequately serve the project

14. Provide a final drainage study and stormwater control report (per BASMAA standards) prior to improvement plans approval.

15. The developer's engineer shall include a site grading plan that conforms to the requirements of CMC 19. 08 as part of the required improvement drawings.

16. Improvement plans shall include an erosion control plan and a NOI/SWPPP.

Item #8.1.

__Aurora Park
David Patel
1807 Foothill, LLC
dba Aurora Park Cottages
19 Weller Court
Pleasant Hill, CA 94523
Monday, January 31, 2022
Samantha Thomas
City of Calistoga Planning & Building
1232 Washington Street
Calistoga, CA 94515

COTTAGES
RE: Extension Request - UP 2018-12 and DR 2018-9 (PC Resolution 2020-5) Dear Samantha;
ATTACHMENT 4
The purpose of this correspondence is to formally request an extension for the Aurora Park Cottages expansion at 1807 Foothill Boulevard.

This project received approval from the planning commission back in February of 2020. When it became clear that the Covid-19 pandemic was not a short term situation, we requested and were granted a blanket one-year extension in late July of 2020.

Unfortunately, we are approaching our extended deadline and are not yet able to move forward with this project. The primary issue is our inability to get financing for the project. While 2021 revenues returned to and even surpassed pre-pandemic levels in Calistoga/Napa Valley, the overall hotel industry is still very much in a recovery phase.

Banks have signaled that they expect their appetite for lending to improve as we progress through 2022 and into 2023 contingent on the recovery of the overall hotel industry. It seems clear that the lending outlook will not improve until Covid-19 is truly behind us, including the return to the office/workplace by corporate America.
;e•lyfl:

David Patel
Item #8.1.

CITY OF CALISTOGA
Planning & Building Department
1232 Washington Street • Calistoga, CA 94515
Phone 707.942.2800 • Fax 707.942.0732
www.ci.calistoga.ca.us
July 28, 2020
David Patel
Aurora Park Cottages
1807 Foothill Blvd.

Calistoga, CA 94515
ATTACHMENT 5
Subject: Extension of Time for Project Initiation - UP 2018-12 and DR 2018-9 1807 Foothill Boulevard - PC Resolution 2020-5
Dear David,
I am in receipt of your request for an extension of the use permit and design review approvals for the expansion at the Aurora Park Cottages, 1807 Foothill Boulevard.

Resolution No. 2020-5 condition of approval 3 provides that the approval, "shall be null and void if not used within a one-year period." That condition also provides that the Planning & Building Director may extend this time by up to 12 months.

Your request is based on the fact that you have made progress on developing the project, but that recent events related to COVI D-19 have created strong project headwinds.

In accordance with the authority provided by CMC Sections 17.41.060(C}, I extend the time limit for initiation of the project to March 7, 2022 based upon the determination that:
• The applicant has made and continues to make good faith efforts to exercise the approvals, and
• Conditions on the site and in the vicinity are substantially the same as when the approvals were originally granted, and are not expected to change between now and the expiration date of the entitlements.

I wish you success as you work towards applying for a permit for the project. If a grading or building permit for the project has not been issued by March 7, 2022, you will need to reapply for the entitlements. Please do not hesitate to contact our department if you need assistance.

Zach . Jsinger, JD AICP
Plan '. g and Building Director
Item #8.1.

David Patel
Aurora Park Cottages
1807 Foothill Blvd.

Calistoga, CA 94515
925.260.6625
January 28, 2020

CURRENT OPERATION
ATTACHMENT6
--4urora Pa,,.k

COT T A GES

PROJECT OVERVIEW
Aurora Park Cottages is a seven unit Bed and Breakfast located at 1807 Foothill Blvd (APN 011-290-051-000) in Calistoga . The seven units are made up of 6 one-bedroom cottages and 1 two-bedroom cottage with a kitchen. Guest reception is handled at the Single Family Residence located directly across the street at 1815 Foothill Blvd ..

HISTORY
Our family purchased Aurora Park Cottages, as well as the house at 1815 Foothill Blvd. in early 2015. Aurora Park Cottages (only 6 units at the time) was running at around 45% occupancy. As we became more familiar with the operation, it quickly became evident that the innkeeper/guest reception facility was not sufficient to meet the demands of today's travelers.

While this building was viable for housing an innkeeper, the guest reception area was far too small (really more of a closet) to properly greet and receive guests. Furthermore, this building offered no area for guests to congregate and/or relax other than at their cottage.

In 2016 we moved the innkeeper residence/guest reception across the street to the 1815 Foothill property and converted the former innkeeper residence/guest reception building into a rentable Item #8.1.

two-bedroom cottage with kitchen. Since that time occupancy has stabilized at 70% range annually.

PROJECT SUMMARY & SCOPE
Housing continues to be a challenge for the City of Calistoga, its employers, and workforce. Many of our employees (at Aurora Park Cottages and other hotel properties) commute from other communities such as Santa Rosa, Middletown, and Napa. We have experienced challenges hiring and retaining management level staff due to the shortage of available housing in Calistoga.

Our proposed project intends to move the innkeeper residence/guest reception back to the 1807 Foothill parcel by converting and expanding the two-bedroom cottage with kitchen into a proper guest reception/innkeeper residence building. The 1815 Foothill Blvd. property will be returned to housing stock.

Additionally, we propose increasing the number of rentable units to 10, which is the maximum number of units allowed per the property's zoning. This would be accomplished by the construction of 4 new one-bedroom cottages on at the currently undeveloped southern end of the parcel. New landscaping to match existing would be extended up to and around the newly constructed cottages.

This project's scope of work includes the following items:

1. Construct 4 one-bedroom cottages (includes 1 ADA)

2. 6 additional parking spaces (includes 2 ADA) and reconfigure 1 existing

3. Addition and reconfiguration of current two-bedroom cottage w/ kitchen

4. New landscaping at and around new cottages
2 Item #8.1.

SITE PHOTOS

PROJECT DIRECTORY
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Item #8.1.

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Cottages

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Item #8.1.

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SITE PLAN
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Item #8.1.

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GUEST SERVICES

DEMO FLOOR PLAN
& CONSTRUCTION
PLAN
A3
Item #8.1.

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Cottages
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Item #8.1.

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Item #8.1.

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Item #8.1.

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Item #8.1.

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Zach Tusinger ATTACHMENT 7
From:

Sent:

To:

Cc:

Zach Tusinger
Monday, February 10, 2020 1 :01 PM
Lynn Goldberg
Claudia Aceves
Subject: FW: Brannon Ridge Estates
Good afternoon Planning Commissioners,
Please find below the following email regarding the Aurora Park application. The subject application will now be heard on 2/26.

Let me know if you have questions.

Thank you,
Zach
From: a Lan morris <[email protected]>
Sent: Friday, February 7, 2020 1:29 PM
To: Zach Tusinger <[email protected]>
Subject: Brannon Ridge Estates
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.

Brannon Ridge Estates
February 7, 2020
From: Alan and Pia Morris 1821 Foothill Blvd
.Reference: Aurora Cottages 4 Unit expansion
Background:

The Aurora Park Cotteges (AP)
I. RESOLUTION PC 2020-XX
Resolution PC 2020-XX states: "The property is located within the R-1-10: One-Family Zoning District.

The R-1-10 District conditionally allows bed and breakfast inns with up to ten units. The expanded use is consistent with the R-1-10 District development standards and would comply with the parking requirements associated with this use.

Finding: Will not substantially impair or interfere with the development, use or enjoyment of other property in the vicinity.

Substantial evidence: The existing resort property is adequate in size, shape, location, and physical characteristics to accommodate the type and intensity of the proposed structures and associated use.

No impacts to surrounding properties are anticipated."

THE ABOVE LACKS HISTORICAL CONTEXT AND CONSIDERATION OF SIGNIFICANT CHANGES TO THE AFFECTED AREA SINCE 2000:

A. "The guest cottages on the property have been in use as visitor accommodations since the 1950s. In 1998, a proposal to substantially alter the Aurora Park Cottages was approved by the City, and included architectural changes, enlarged structures and extensive landscaping. The project was ultimately 1 Item #8.1.

abandoned by a subsequent owner, and in 1999 a substantially less-comprehensive plan for exterior changes was approved."
It must be noted that before 1999, Brannon Ridge Estates (BRE),4 home development did not exist. A paved road did not exist, nor did the current drainage system. Rather, the land was of a virgin quality.

In 1998 (BRE) was subdivided into 4 buildable lots, and a remaining parcel space identified as "Designated Remainder". Each of the buildable lots is approximately 4 acres. In early 2000, 4 homes were built in the area zoned as RRH.

The space from the original 20 acres known as the "Designated Remainer" is a smaller parcel of land, encased on three sides by properties in the RRH designation. (See City Zoning Map attached)
The 4 lots consist of the following address and estimated current value:

Lot One: 1819 Foothill Blvd ($3.2M).
lot Two: 1821 Foothill Blvd ($3.4M)
Lot Three: 1825 Foothill Blvd ($1.7M) Lot Four: 1823 Foothill Blvd ($3.SM) Designated Remainer: 1807 Foothill Blvd
A Conservation and Scenic Easement was established in 1998. This easement set aside the provisions to maintain the natural and scenic beauty of the existing openness.

An additional easement was established in 1998, driveway, storm drain and utility easement over the 5 lots from Brannon Ridge Estates.

THE PROPOSED EXPANSION OF AP VIOLATES THE PURPOSE OF BRE RRH ZONING. "17.14.010 Purpose.

The purpose of the RR Rural Residential Zoning District is to allow the development of single-family residences on large lots that serve as a buffer between the agricultural lands around the city and the urbanized part of Calistoga, ... "
AP expansion into the area boardering the BRE homes violates the above buffer requirement around urbanized parts of Calistoga. Nothing could be more urban than hotel rooms with extra parking attached.

THE PROPOSED EXPANSION WITH INCURSION INTO RRH ZONED AREA IS PROHIBITED "D. Prohibited Uses. The following uses are prohibited in the RR district:

1. Transient commercial occupancies of dwelling units." THE PROPOSED EXPANSION VIOLATES THE PURPOSE OF 17.35.010 C. "17.35.010 Purpose.

A. It is the purpose of this chapter to establish regulations for the location, use, character, parking, signing and processing of applications for bed and breakfast inns and facilities in residential zones within the City ....

C. It is further the purpose of these regulations to encourage the restoration of historic structures. An example of an historic structure is one which is listed by Federal, State and/or recognized Napa County agencies as having architectural or historic significance." The proposed structures are new construction, not restored historical structures.

AP IS CURRENTLY IN VIOLATION OF THE PURPOSE OF 17 .35.010 D "D. It is further the purpose of these regulations to provide for bed and breakfast facilities which are accessory to and secondary to the primary residential use of land in residentially zoned areas. The terms "accessory'' and "secondary" mean that the establishment of bed and breakfast facilities in residential zones shall not exceed 49 percent of the use of the land and/or building area on and in which the facilities are to be located. (Ord. 667 § 2, 2010; Ord. 421 § 2, 1987; Ord. 416 § 2, 1986; Ord. 396 § 2, 1984; Ord. 390 § 2, 1983)."
Initially, AP was owned and managed by resident owners, as 17.35.010 D requires. That was, until the Patel organization bought out the previous owner. It must be noted that the Patels own and run 2 Item #8.1.

numerous commercial hotel/lodging establishments in Calistoga. AP is not a small owner operator, who also lives there. Rather AP-is part of a large commercial endevour. No Patel lives there. Rather, the person residing in a residence on the property is a paid employee of the Patel organization. As such, AP is in current violation of 17.35.010 D. The proposed expansion would further violate the intent of this zoning stated purpose.

AP EXPANSION IS IN VIOLATION OF 17.35.010 REGULATION B
"B. The establishment of bed and breakfast inns and facilities shall be harmonious with the character of the neighborhood and zone in which they are to be located." As noted previously, the AP expansion would encroach on three of the four properties on BRE zoned RRH.

AP PARKING IS CURRENTLY IN VIOLATION OF 17.36.090 DESIGN REQUIREMENTS AND THAT VIOLATION

HAS CAUSED ISSUES WITH DRAINAGE FROM RRH ZONED AREA OF BRE "C. Adequate and surplus off-street parking is of primary concern in the establishment of bed and breakfast inns and facilities. The requirements and development standards for parking as established in Chapter 17.36 CMC shall apply to all Band B facilities, unless otherwise provided herein.

17.36.090 Design requirements.

Design requirements for parking lots shall be as follows:

A. Surface.

1. Parking lots shall be surfaced with an asphaltic concrete, concrete, building stone, armor coating or equivalent material approved by the Planning and Building and Public Works Directors." Currently, gravel of some sort covers parking areas. Rain runoff has frequently caused the gravel to move, clogging drainage necessary for BRE and causing major water damage to the BRE drainage system. Expansion will only exacebate this problem and result in expensive repairs to BRE drainage system to benefit Patel's commecial venture.

AP IS CURRENTLY IN VIOLATION OF 17.35.020 F GENERAL REGULATIONS "F. Operation of any Band B facility on a permanent basis shall be by the resident property owner(s) or resident manager. No off-site management shall be permitted, unless otherwise provided herein." Currently, the Patel organization is perpetrating a sham to get around the above regulation. As noted previously, the Patels own a number of hotels in Calistoga. Their desire to expand AP is mainly due to their desire for economies of scale. Their use of an employee manager is merely a way to subvert the intent of the regulations. Make no mistake, the resident manager may check people in and out, but the operation is run by the Patel organization, which violates "No offsite management shall be permitted".

OTHER REASONS TO VOTE NAY TO EXPAND AP

1. Decrease in property values of lots 1,2,3,4
The owners of lots 1,2,3,4, who pay a large amount of property tax, purchased their property based on the reasonable expectation of the existing secluded, calm, tranquil nature oftheir small development.

Adding any units to AP would significantly and permanently damage the potential use and enjoyment of the four family homes. This damage would result in 1) a significant decrease in property values 2) restrict the owners ability to sell in the future and decrease their potential selling price, thus decreasing the tax base 3) immediately result in the owner's petitioning to substantially decrease the property taxes on their homes.

2.Construction of the units would result in an undue burden on the home owners of lots 1-4. 1) Construction vehicles would block use of the driveway to the residents and to the vehicles servicing their property. The driveway is only 1 car wide. Construction vehicles, men and materials will effectively 3 Item #8.1.

prohibit the egress and ingress to the four residences resulting in various hardships.-who will compensate for that?
2)The driveway and roadway were built to specifications for single family use. Construction vehicles would damage the drive and road-who would pay for that? 3)Construction vehicles and the movement of earth would undermine the drainage system that is needed for proper integrity af all uphill lots-who would pay for that? 4)Construction is likely to damage the adjacent leach field for lots 1,2,4-who will pay for that? S)Noise pollution during construction would be significant and would result in interfereing with the residents use and enjoyment of their homes. All of you are Calistoga residents and are aware how noise travels in the valley.-who will compensate us for that?

3.Negative permanent impacts due to increased numbers and usage of proposed cottage expansion:
1) Building Cottages on the "Designated Remainder" is contrary to the natural environment of the Brannon Ridge Estates. Such development is out of place, and would encroach on the natural beauty of the existing space. We all purchased our homes, resonably expecting a secluded, peaceful natural environment. We have abundant wildlife that co exist in our quaint area. Deer, turkey, foxes,etc., populate this tranquil area. Both construction and increased numbers of people would put those species in danger.
a. A large Oak Tree could be endangered (See Exhibits presented by Michael Glover) As with many animals, our oaks are protected
2) Drainage from the two natural seasonal creeks would be impeded.

We have frequently experienced torrential rains. Thanks to climate change, it is forecast that significant rain will increase. Our community, built on the hillsides, has 2 seaonal creeks that provide drainage that culminates near the Cottages. It is likely that these creeks would be impeeded due to the additional buildings. Further, the stripping of vegetated land,that would be required,would significantly decrease the lands ability to soak up and hold excess runoff. This will result in damage to our drainage and will reult in flooding and debris damage to the cottages and homes across from the cottages on Foothill Blvd.
3) The Leach field for property Lots 1, 2, 4, could be impeded 4)The use of the road would be affected.

The road servicing all the homes only allows for one car at a time. One of us must back up to allow the passage of another vehicle. This is extremely difficult and dangerous on the mountain. As has happened _in the past, guests at the cottages often drive up our private road for a look around. This would become a bigger problem with more units.
5} Added noise and distractions to the Residents of Brannon Ridge Estates.

As residents, all of you can relate to how noise floats around in hilly areas. You also know that one of the draws to Calistoga is the beautiful weather,enticing people to enjoy the outdoors and the wineries and brew pubs. Therefore, you understand the noise pollution that will result in extra cottages and drunken guests partying outside. In addition the cars coming and going at all hours of the day and night will degrade enjoyment of the residents.
6)1ncreased traffic with resulting noise, speeding and accidents Foothill, being a main artery carries all the traffic to and from Santa Rosa as well as all traffic to other areas. Cars wanting to turn into the cottages and our property have to wait for the traffic from the north. Those heading north often pass on the right shoulder boardering the homes on Foothill to get around. This results in an accident ready to happen, including injury, death to pedestrians, since no sidewalk exists. This will only be compounded by traffic from more units. 7)Estimated 30% Property Value Reduction. This results in Loss of value for lots 1-4 in excess of $3,000,000 which will Result in decreased tax assesment to the state, county and city of Calistoga. In addition ,BRE residents intend on requesting decreasedproperty tax assessments if the expansion is allowed.

CONCLUSION
4 Item #8.1.

All the above are negative consequences to all owners of lots 1,2,3,4 if the extension is allowed. As such, the planning commissioners would be responsible for each element of harm to the property owners.

The planning commisioners would be responsible for the resultant property tax decreases due to loss of property value.

Aurora and the planning commissioners would be liable for damage to our roadway and drainage system.

Commissioners would be a contributing factor to increased accidents on Foothill Blvd.

Commissioners would ultimately be responsible for higher vacancy rates to all other B&B owners in calistoga. Numerous establishments exist in calistoga and especially lining Foothill Blvd. Many of them are for sale due to high vacancy rates. Adding units to Aurora park can only detract from other B&B's in the area, driving more to close, thus further decreasing the tax base.

Four extra B&B units would not increase the tax base. That has already occured as a result building Solage, Four Seasons, and other new resorts under construction, remodeling and adding units .

ATTACHMENTS
Chapter 17.14

RR RURAL RESIDENTIAL DISTRICT
Sections:

17.14.010 Purpose.

17.14.020 Uses allowed.

17.14.030 Lot area and dimensions.

17.14.040 Development standards.

17.14.050 Other development requirements.

17.14.010 Purpose.

The purpose of the RR Rural Residential Zoning District is to allow the development of single-family residences on large lots that serve as a buffer between the agricultural lands around the city and the urbanized part of Calistoga, along with light agricultural uses that are consistent with the rural residential land use designation of the Calistoga General Plan. Together with compatible accessory uses, other uses are allowed under certain circumstances in order to offset the cost of preserving large lots in agricultural production. (Ord. 699 § 2, 2014).

17.14.020 Uses allowed.

Uses allowed in the RR district are as follows:

A. Uses Allowed without a Use Permit.

1. One one-family dwelling per lot.

2. One accessory dwelling unit per lot in accordance with Chapter 17.37 CMC.

3. Light agricultural uses, including but not limited to: farms on a commercial scale devoted to the growing of field, tree, berry or bush crops, and vegetable or flower gardens.

4. The keeping of horses for noncommercial purposes on sites with a ratio of not less than one-half acre per horse.

5. Residential care, limited, as defined and operated in accordance with State law.

6. Uses determined by the Planning Commission to be similar in nature as provided by Chapter 17.03 CMC.

7. Supportive housing.

8. Transitional housing.

B. Uses Allowed with a Use Permit.
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Item #8.1.

1. Public or private recreational and educational uses and their necessary facilities, including but not limited to: public parks and playgrounds; schools; colleges; religious institutions; golf, swimming, tennis, polo, civic and country clubs; public facilities.

2. Geothermal activity (exploration, development, and use).

3. Veterinary clinics with boarding facilities, subject to the following:
a. The minimum lot size shall be two acres.
b. Noise shall be mitigated to a level consistent with otherwise permitted uses established in this chapter.
c. Odors shall be mitigated to a level consistent with otherwise permitted uses established in this chapter.

4. Light agricultural uses including farms on a commercial scale devoted to the hatching, raising, fattening, or marketing of animals such as, but not limited to, poultry, rabbits, goats, sheep, pigs; aviaries and kennels; the grazing and experimental or selective breeding or training of cattle or horses; provided, that such use is not a part of, nor conducted as, stock feed or livestock sales yards, or a commercial riding academy located on the same premises.

5. Family child care, large, as defined and operated in accordance with State law.

6. Residential care, general, as defined and operated in accordance with State law.

7. Small scale winery operations producing less than 2,000 cases of wine annually; provided, that the following guidelines have been considered prior to use permit approval:
a. The parcel size is two acres or more.
b. The parcel is established with a principal residence and the winery shall be subordinate to the primary residential use.
c. A minimum of 75 percent of the fruit used to make wine produced on site must be grown within the County of Napa. Of that, a minimum of 20 percent of the wine produced on site shall originate from fruit grown on the parcel with modifications only approved through the use permit process. d. Only one winery shall be permitted on site.
e. Public tours and tastings shall be prohibited.
f. The number and frequency of private wine marketing events shall be strictly limited and reviewed during the use permit process. Private wine marketing events are limited to a maximum of four events per calendar year. The maximum number of guests allowed at any private wine marketing event shall be determined during the use permit process. This maximum capacity shall be posted in a conspicuous place in the small winery building. Use permit conditions may impose stricter limitations if residential development on adjoining parcels is in close proximity to the new small winery use. g. Winery events shall be prohibited. All private wine marketing events shall be held within the confines of the on-site residential unit, the production area of the small winery building, or outside or except as previously defined.
h. The establishment of on-premises wine sales shall be determined through the use permit process. If wine sales are to be allowed, they shall be restricted only to wine that is produced on the premises. No merchandise shall be sold.
i. The hours of sales shall be by appointment only as reviewed during the use permit process. j . There can be no advertising in publications produced for general distribution for private wine marketing events and all attendees shall be specifically invited to participate in the private wine marketing event by the small winery owner/operator.
k. All the requirements of CMC Title 19 shall be met.

I. Notwithstanding CMC 17.14.040, buildings and structures used for winery operations shall be located at least 50 feet from the front lot line, and 20 feet from any side lot line, and 50 feet from any dwelling on an adjacent lot, not including perimeter fencing.

8. Large scale winery operations producing up to 4,000 cases of wine annually; provided, that the following guidelines have been considered prior to use permit approval:
a. The parcel size is four acres or more.
b. The parcel is established with a principal residence and the winery shall be subordinate to the primary residential use.
6 Item #8.1.