Calistoga City Council
June 7, 2022

Mayor
Chris Canning
Vice Mayor
Irais Lopez-Ortega
Councilmembers
Lisa M. Gift
Gary Kraus
Donald Williams
AGENDA
City Council - Regular Meeting
Tuesday, June 7, 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. Public Comment - Redacted 6

4. ADOPTION OF MEETING AGENDA

5. CITY MANAGER’S REPORT

6. PROCLAMATIONS/PRESENTATIONS/ AWARDS

6.1. Proclamation Proclaiming June 2022 as LGBTQ+ Pride Month

7. CONSENT CALENDAR

7.1. Adoption of Senate Bill 1 (SB1) Project List FY22/23 Recommended Action: Consider Adopting the Resolution and Authorizing Staff to Submit the Same to the California Transportation Commission (CTC).

Staff Report - Adoption of Senate Bill 1 (SB1) Project List FY22/23 - Pdf 7 - 12

7.2. Consider adopting Resolution accepting the Engineer’s Report for the Silverado Place Subdivision Landscape Maintenance Assessment District, declaring the intention of the City Council to levy and collect assessments and setting the date for the public hearing.

Recommended Action: Consider Adopting Resolution.

Staff Report - Resolution Accepting the Engineer’s Report for the Silverado Place Subdivision Landscape Maintenance Assessment District - Pdf
13 - 26

7.3. Consider adopting a Resolution accepting the Engineer’s Report for the Palisades Subdivision Landscape Maintenance Assessment District, declaring the intention of the City Council to levy and collect assessments and setting the date for the public hearing.

Recommended Action: Consider Adopting Resolution.

Staff Report - Resolution Accepting the Engineer’s Report for the Palisades Subdivision Landscape Maintenance Assessment District - Pdf
27 - 45

7.4. Consider adopting a Resolution authorizing the City Manager to renew a Consultant Services Agreement (CSA) for a term of ten (10) years with the North Bay Animal Services (NBAS) for Animal Control and Shelter services in an amount not to exceed $24,000 annually. The renewed Agreement to be effective July 1, 2022 through June 30, 2032. 46 - 92

Recommended Action: Adopt resolution
Staff Report - Renew Animal Control and Shelter Services Agreement - Pdf

7.5. California State Assembly Bill (AB) 481 requires the governing body of a city to approve the police department’s “Military Equipment” Policy on the guidelines and procedures relating to the approval, funding, possession, use, and reporting of military equipment defined in Government Code section 7070 even in communities such as Calistoga that have no Military Equipment. Approval of defined military equipment shall be by ordinance by the city council.

Recommended Action: Consider adopting Ordinance 756 approving the adoption of CPD’s “Military Equipment” Lexipol Policy 707 and the addition of City of Calistoga Municipal Code section 2.14.070 requiring CPD’s conformance with AB481.

Staff Report - Second Reading and Adoption of Ordinance No. 756 “Acquisition and Use of Military Equipment” - Pdf
Item 7.5 - Public Comment - Redacted
93 - 112

7.6. 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: 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.

Staff Report - Affirm Resolution No. 2021-071 to Conduct Teleconferenced Public Meetings Pursuant to Assembly Bill 361 (AB 361) - Pdf
113 - 118

7.7. Consider adopting a Resolution establishing an Assistant City Manager position within the City Manager Department and a salary schedule Recommended Action: Adopt the Resolution
Staff Report - Establishing an Assistant City Manager position and Salary Range - Pdf
119 - 122

7.8. Consider displaying the Rainbow Flag for the month of June.

Recommended Action: Approve the request to display the nongovernmental flag on the City’s ceremonial flagpole.

Staff Report - Flag Display Request - Pdf
123 - 125

8. PUBLIC HEARING

8.1. Consideration of 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).

Recommended Action: Consider adopting Resolution (ATTCH 1) denying Appeal AP 2022-2 thereby upholding Planning Commission 126 - 249

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.

Staff Report - Resolution Denying Appeal (AP 2022-2) of Planning Commission Approval of Renewal of Use Permit and Design Review UP 2022-1 and DR 2022- - Pdf
Item 8.1 Public Comments - Redacted

9. GENERAL GOVERNMENT

9.1. Consideration of a Resolution that authorizes the City Manager to execute a Consultant Services Agreement with Bartle Wells Associates (BWA) to provide professional services associated with a Water and Wastewater Rate Study in an amount not to exceed $57,500.

Recommended Action: Consider adopting resolution.

Staff Report - Consideration of a Resolution to award a Consultant Services Agreement with Bartle & Wells to conduct a Water & Wastewater Rate Study - Pdf
Item 9.1 Public Comment - Redacted
250 - 299

9.2. Receive presentation of the proposed Fiscal Year 2022-23 Budget Recommended Action: Discuss and Provide Direction to Staff Staff Report - Draft Budget for 6-7-22
Attachment 1 - FY 22-23 Operating Budget Part I
Attachment 2 - FY 22-23 Operating Budget Part 2
Attachment 3 - FY 22-23 CIP Major Capital Projects
Attachment 4 - FY 22-23 CIP - Equipment - Info Tech
Not Available Placeholder - Budget
Item 9.2 Public Comment - Redacted
300 - 416

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 June 1, 2022, by 4:30 p.m.

Marni Rittburg
From:

Sent:

To:

Subject:

LORNE GLAIM
Sunday, May 29, 2022 9:40 AM
Public Comment
Public Art in Calistoga
Meeting A~itof ;:~~ ~ 'd......

Item No.

Distributed ~ -;i_
Cl U 10 \I 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.

Public art enriches both residents of Calistoga and visitors, defining our values and creating spaces that delight, amuse or--maybe--shock. Whatever the reaction public art demands our attention, focuses our ideas and creates discussion of who we are as a community. Art cannot be pigeon-holed or precisely defined; therefore, it must be the expression of an individual creator and not a committee decision. Examples of the diversity and self expression are seen in the whimsical windows of Calmart and the trompe l'oeil in the alleyway next to the defunct bank on Lincoln Avenue. Arguably, the memorial to veterans between the playfield and the swimming pool is also public art. Murals on buildings, sculptures in parks, street corners, or entrances to the town contribute to the esthetic nature of the townspeople. Signage on shops, trees on the street, awnings, street-side eating areas and benches for just sitting--all provide an aura of people who care about where they life and how they live.

Where are the sculptures that once graced the landscape of Clos Pegas (before the Bureau of Prisons took over the property)? What artist would be willing to erect a large metal sculpture on the Fairgrounds property which the City will soon own--hopefully? Some landscape artists might assist in setting up sites on the golf course as suitable to wedding gatherings. Think big, think of local talent, but--above all--think of the impact on the image of the community and the educational opportunities that will broaden what people think of art. I commend the Council for discussing the role of public art in Calistoga, now why not act upon it?
Cordially, Lorne Glaim
1 Item #3.1.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Jun 07 2022
Subject: Adoption of Senate Bill 1 (SB1) Project List FY22/23 DESCRIPTION:

Adoption of Senate Bill 1 (SB1) Project List FY22/23
RECOMMENDATION:

Consider Adopting the Resolution and Authorizing Staff to Submit the Same to the California Transportation Commission (CTC).

BACKGROUND/SUMMARY:

On April 28, 2017, the Governor signed Senate Bill 1 (SB1) to address basic road maintenance needs on local roads and state highways. SB1 increases the fuel excise taxes and vehicle registration fees with an annual inflation adjustment in future years. The funds are for eligible street improvement projects that address maintenance, rehabilitation and critical safety projects on local streets.

In order to be eligible for continued SB1 funding, local agencies are required to submit to the CTC on or before July 1 of every calendar year a resolution adopting a list of proposed projects planned to be constructed the next fiscal year using SB1 funding. This will be an ongoing annual requirement.

The recommended SB1 work plan shows several projects and has more costs than funding. This is so we can fund different projects and can be nimble and flexible going forward.

SB1 and Measure T funds both require that agencies provide an annual local match, from general fund revenues, called maintenance of effort (MOE) to be compliant with funding requirements. The City’s MOE for SB1 is $273,756 and $287,000 for Measure T. The difference is due to different fiscal years that these were calculated for. The MOE for Measure T counts for SB1 MOE, and as long as we meet the $287,001 we are compliant.

CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:

The project conforms to Council Goal 3: Establish, improve and maintain City infrastructure; Objectives 4 and 5 – ‘Provide for long term maintenance and repair of City sidewalks’ and ‘Support efforts to fund bridge and street maintenance and repair.’ CEQA STATUS:

The projects anticipated to be funded by SB1 revenues are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 because they are repair, maintenance or minor alteration of existing facilities involving no or negligible expansion of use beyond that which presently exists.

Item #7.1.

FINANCIAL IMPACT:

Funds are included in the proposed FY 2022/23 Budget in the anticipated revenue of $121,723, under CIP account #01-5402-4905-4915 - Pavement Maintenance. MOE is included in items CIP – Pavement Maintenance (account #01-5402-4905-4915 & 01-5610-4915), totaling $287,001.

ATTACHMENT(S):

Draft Resolution
Exhibit A-Project List
APPROVAL(S):

Derek Rayner, Public Works Director/City Engineer Approved - May 24 2022 Gloria Leon, Administrative Services Director Approved - May 25 2022 Laura Snideman, City Manager Approved - May 25 2022
Marni Rittburg, City Clerk Approved - May 27 2022
Item #7.1.

RESOLUTION NO. 2022-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF NAPA, STATE OF CALIFORNIA ADOPTING SENATE BILL 1 (SB1) STREET IMPROVEMENT PROJECT LIST FOR FISCAL YEAR 2022/23 TO MAINTAIN

COMPLIANCE WITH THE PROGRAM AND DETERMINNING THAT THE ACTION

AUTHORIZED BY THIS RESOLUTION ARE EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City/County are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, Calistoga must adopt a list of projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1 by resolution, which must include a description, location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, Calistoga will receive and estimated $121,723 in RMRA funding in Fiscal Year 2022-23 from SB 1; and
WHEREAS, this is the sixth year in which Calistoga is receiving SB 1 funding and will enable Calistoga to continue essential road maintenance and rehabilitation projects, safety improvements, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, Calistoga has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, Calistoga used the 2018 Pavement Condition Index (PCI) Report to develop the SB 1 project list to ensure revenues are being used to improve the City’s PCI; and
WHEREAS, the 2021 California Statewide Local Streets and Roads Needs Assessment found that Calistoga’s roads vary in condition from 20% very poor up to 57% in good condition and the SB 1 will help to improve the overall quality of our road system; and
ATTACHMENT 1
Item #7.1.

Resolution No. 2022-XXX
WHEREAS, the SB 1 funding will help Calistoga rehabilitate critical streets this year and numerous similar projects into the future with a focus on safety and basic maintenance; and
WHEREAS, the projects anticipated to be funded by SB1 revenues are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 because they are repair, maintenance or minor alteration of existing facilities involving no or negligible expansion of use beyond that which presently exists; and WHEREAS, the proposed SB1 projects will comply with the requirements under the CEQA (California Code Sections 21000 et seq.; as implemented through California Regulations Title 14, Chapter 3, Sections 15000 et seq.); and WHEREAS, the Calistoga City Council has considered all information related to this matter, as presented at a public meeting of the City Council, including any supporting reports by City staff, and any information provided during the public meeting.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY FIND THE FOLLOWING:

1. The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct and establish the factual basis for the City Council’s adoption of this Resolution.

2. The City Council finds that the projects anticipated to be funded by SB 1 revenues are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 because they are repair, maintenance or minor alteration of existing facilities involving no or negligible expansion of use beyond that which presently exists.

3. The City Council hereby adopts the FY 2022/23 SB 1 project list for the City of Calistoga as set forth in “Exhibit A” and authorizes the Public Works Director to file the list with CTC in accordance with SB 1 guidelines.

4. The City Council hereby reinstate a list of previously approved and adopted projects as set forth in “Exhibit A”. With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues.

5. This Resolution shall take effect immediately upon its adoption.

Item #7.1.

Resolution No. 2022-XXX
PASSED, APPROVED AND ADOPTED this 7
th day of June, 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 #7.1.

ATTACHMENT 2

EXHIBIT A
SB 1 PROJECTS FISCAL YEAR 2022-23
Project Name Begin End Surface Type Project Description Estimated Cost Project Schedule Life Expectancy Brannan Street and Lincoln Avenue
Crosswalk Improvements Project
Brannan Street and
Lincoln Avenue
Intersection
Brannan Street and
Lincoln Avenue
Intersection N/A
Improve crosswalk safety and install
Rectangular Rapid Flashing Beacon system
$200,000 07/22-06/23 30 years
Previously proposed and adopted projects:

Project Name Begin End Surface Type Project Description Estimated Cost Project Schedule Life Expectancy Lake Street Pavement Rehabilitation Grant Street Lincoln Avenue AC Pavement reconstruction, overlay, repair $1,600,000 07/22-06/23 20 Year Silverado Trail Pavement Rehabilitation City Limits City Limits AC Pavement reconstruction, overlay, repair $600,000 07/22-06/23 20 Year Washington Street Pavement Repair North Oak Berry Street AC Pavement reconstruction, overlay, repair $1,200,000 07/22-06/23 20 Year Berry Street Pavement Repair Berry Bridge Foothill Boulevard AC Pavement overlay,repair $550,000 07/22-06/23 15 Year Cedar Street Springs Street Lincoln Avenue AC Pavement reconstruction, overlay, repair $800,000 07/22-06/23 20 Year Grant Street Garnet Creek Ct City Limits AC Pavement reconstruction, overlay, repair $1,200,000 07/22-06/23 20 Year Item #7.1.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Jun 07 2022
Subject: Resolution Accepting the Engineer’s Report for the Silverado Place Subdivision Landscape Maintenance Assessment District
DESCRIPTION:

Consider adopting Resolution accepting the Engineer’s Report for the Silverado Place Subdivision Landscape Maintenance Assessment District, declaring the intention of the City Council to levy and collect assessments and setting the date for the public hearing.

RECOMMENDATION:

Consider Adopting Resolution.

BACKGROUND/SUMMARY:

As a condition of the development of the Silverado Place Subdivision (located between Money Lane and Highway 29, behind La Prima Pizza located at 1923 Lake Street, see Exhibit F), a landscaping assessment district was established by the city to fund the maintenance of the area adjacent to State Route 29 on the north side of the development.

The Landscaping and Lighting Act of 1972 (Streets and Highways Code 22500-22647) requires that the city undertake certain proceedings for any fiscal year during which assessments are to be levied and collected. These proceedings are accomplished at three separate Council meetings and include the following Council actions:
1)Adopt a resolution directing the City Engineer to prepare and file a report. 2)Approve the Engineer’s Report, declare the City Council’s intent to levy and collect assessments and set the date for a public hearing.
3)Conduct a public hearing and authorize the actual levying and collection of assessments.

On May 3, 2022, the Council adopted Resolution No. 2022-031 directing the City Engineer to prepare and file the attached report for the Silverado Place Subdivision Landscape Maintenance Assessment District for Fiscal Year 2022-23.

For Fiscal Year 2021-22 the assessment was set at $66.67/parcel for the 15 parcels in the assessment district for a total assessment of $1,000. The assessment for Fiscal Year 2022-23 will remain the same.

Fiscal Years 2021-22 and 2022-23 compared below.

Item #7.2.

FY 2021-22FY 2022-23
Total Assessment $1,000 $1,000
City Contribution 83 68
Total Costs $1,083 $1,068
The attached resolution would accept the Engineer’s Report, declare the Council’s intent to levy and collect assessments in the amount of $66.67/parcel for Fiscal Year 2022-23, and set the date for the public hearing for July 19, 2022.

CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:

The recommended action supports the FY 2021-22 City Council Goal No. 3, Objective 2 by providing a funding mechanism to “…maintain the high level of service and reliability of the City’s infrastructure systems and facilities.” The LMD provides a funding mechanism for maintenance of the landscaping that benefits the properties in the LMD. Without this funding mechanism, the City would have to consider termination of landscape maintenance or use other discretionary funding to cover the maintenance costs.

CEQA STATUS:

That the recommend action is not a project under the definitions contained in the Guidelines of the California Environmental Quality Act (CEQA) and is therefore exempt from CEQA.

FINANCIAL IMPACT:

The Assessment District is intended to have no direct fiscal impact on the City of Calistoga, as revenues collected through assessment are expended for maintenance and administration. However, estimated costs for FY 2022-23 are expected to exceed the total assessment in the amount of $68. This amount to be included in the Park Maintenance budget (01-4123-4404). Any proposed increase in the amount of the assessment would require balloting of the property owners under the provisions of Proposition 218.

ATTACHMENT(S):

Draft Resolution
Engineer's Report
APPROVAL(S):

Derek Rayner, Public Works Director/City Engineer Approved - May 25 2022 Gloria Leon, Administrative Services Director Approved - May 25 2022 Laura Snideman, City Manager Approved - May 25 2022
Marni Rittburg, City Clerk Approved - May 27 2022
Item #7.2.

RESOLUTION 2022-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF NAPA, STATE OF CALIFORNIA, ACCEPTING THE ENGINEER’S REPORT FOR

THE SILVERADO PLACE SUBDIVISION LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT, DECLARING THE CITY COUNCIL’S INTENT TO LEVY

AND COLLECT ASSESSMENTS AND SETTING THE DATE OF A PUBLIC HEARING WHEREAS, the City of Calistoga established a Landscape Maintenance District for the Silverado Place Subdivision; and
WHEREAS, in accordance with the Landscaping and Lighting Act of 1972 (Streets and Highways Code 22500-22647), the City is required to undertake certain proceedings for any fiscal year during which an assessment is to be levied; and WHEREAS, on May 3, 2022, the City Council directed the City Engineer to prepare and file a report in for the Silverado Place Subdivision Landscape Maintenance Assessment District for Fiscal Year 2022-23; and
WHEREAS, on May 25, 2022, the City Engineer filed such report with the City Clerk; and
WHEREAS, there will be no new improvements or substantial changes in the existing improvements other than that required to maintain the existing landscape and irrigation system; and
WHEREAS, estimated costs for FY 2022-23 are expected to exceed the total assessment in the amount of $68. This amount to be included in the Park Maintenance budget (01-4123-4404); and
WHEREAS, any proposed increase in the amount of the assessment would require balloting of the property owners under the provisions of Proposition 218.

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

1. Accepts the assessment and the diagram of parcels shown on EXHIBIT F contained in the Engineer’s Report.

2. Declares the intention to levy and collect assessments of $66.67 per parcel for the Fiscal Year 2022-23.

3. Sets a public hearing in the matter of the assessment for the Silverado Place Subdivision Landscape and Maintenance District at the regular City Council meeting to be held no sooner than 6:00 p.m. on July 19, 2022.

ATTACHMENT 1
Item #7.2.

Resolution 2022-XXX

PASSED, APPROVED AND ADOPTED this 7
th day of June, 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.

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Printed On: 5/25/2022
Disclaimer: This map w as preparedfor informational
purposes only. No liability is assumed for the
accuracy of the data delineated hereon.

Silverado Place Subdivision [ 0 0.005 0.01 0.02
mi
Legend
Addresses
All Roads
Major Road
Local Road
Parcels
County
Boundary
County of Napa | ITS Dept
EXHIBIT "F" Item #7.2.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Jun 07 2022
Subject: Resolution Accepting the Engineer’s Report for the Palisades Subdivision Landscape Maintenance Assessment District
DESCRIPTION:

Consider adopting a Resolution accepting the Engineer’s Report for the Palisades Subdivision Landscape Maintenance Assessment District, declaring the intention of the City Council to levy and collect assessments and setting the date for the public hearing.

RECOMMENDATION:

Consider Adopting Resolution.

BACKGROUND/SUMMARY:

As a condition of the development of the Palisades Subdivision (located between Money Lane and Highway 29, behind La Prima Pizza located at 1923 Lake Street, see Exhibit F), a landscaping assessment district was established by the city to fund the maintenance of the area adjacent to State Route 29 on the north side of the development, and along Money Lane between the property fence and sidewalk.

The Landscaping and Lighting Act of 1972 (Streets and Highways Code 22500-22647) requires that the city undertake certain proceedings for any fiscal year during which assessments are to be levied and collected. These proceedings are accomplished at three separate Council meetings and include the following Council actions:
1)Adopt a resolution directing the City Engineer to prepare and file a report. 2)Approve the Engineer’s Report, declare the City Council’s intent to levy and collect assessments and set the date for a public hearing.
3)Conduct a public hearing and authorize the actual levying and collection of assessments.

On May 3, 2022, the Council adopted Resolution No. 2022-032 directing the City Engineer to prepare and file the attached report for the Palisades Subdivision Landscape Maintenance Assessment District for Fiscal Year 2022-23.

For Fiscal Year 2021-22 the assessment was set at $35/parcel for the 44 parcels in the assessment district for a total assessment of $1,540. The assessment for Fiscal Year 2022-23 will remain the same. The city contribution for FY 22-23 is substantially higher due to the expense of $3,560 for a tree removal at 2108 Table Rock Court that is in the Palisades Subdivision.

Item #7.3.

Fiscal Years 2021-22 and 2022-23 are compared below.

FY 2021-22FY 2022-23
Total Assessment $1,540 $1,540
City Contribution 1,281 5,226
Total Costs $2,821 $6,776
The attached resolution would accept the Engineer’s Report, declare the Council’s intent to levy and collect assessments in the amount of $35/parcel for Fiscal Year 2022-23, and set the date for the public hearing for July 19, 2022.

CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:

The recommended action supports the FY 2021-22 City Council Goal No. 3, Objective 2 by providing a funding mechanism to “…maintain the high level of service and reliability of the City’s infrastructure systems and facilities.” The LMD provides a funding mechanism for maintenance of the landscaping that benefits the properties in the LMD. Without this funding mechanism, the City would have to consider termination of landscape maintenance or use other discretionary funding to cover the maintenance costs.

CEQA STATUS:

That the recommend action is not a project under the definitions contained in the Guidelines of the California Environmental Quality Act (CEQA) and is therefore exempt from CEQA.

FINANCIAL IMPACT:

The Assessment District is intended to have no direct fiscal impact on the City of Calistoga, as revenues collected through assessment are expended for maintenance and administration. However, estimated costs for FY 2022-23 are expected to exceed the total assessment in the amount of $5,226. This amount to be included in the Park Maintenance budget (01-4123-4404). Any proposed increase in the amount of the assessment would require balloting of the property owners under the provisions of Proposition 218.

ATTACHMENT(S):

Draft Resolution
Engineer's Report
APPROVAL(S):

Derek Rayner, Public Works Director/City Engineer Approved - May 25 2022 Gloria Leon, Administrative Services Director Approved - May 26 2022 Laura Snideman, City Manager Approved - May 27 2022
Marni Rittburg, City Clerk Approved - May 27 2022
Item #7.3.

RESOLUTION 2022-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF NAPA, STATE OF CALIFORNIA, ACCEPTING THE ENGINEER’S REPORT FOR THE

PALISADES SUBDIVISION LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT, DECLARING THE CITY COUNCIL’S INTENT TO LEVY AND COLLECT ASSESSMENTS

AND SETTING THE DATE OF A PUBLIC HEARING
WHEREAS, the City of Calistoga established a Landscape Maintenance District for the Palisades Subdivision; and
WHEREAS, in accordance with the Landscaping and Lighting Act of 1972 (Streets and Highways Code 22500-22647), the City is required to undertake certain proceedings for any fiscal year during which an assessment is to be levied; and WHEREAS, on May 3, 2022, the City Council directed the City Engineer to prepare and file a report for the Palisades Subdivision Landscape Maintenance Assessment District for Fiscal Year 2022-23; and
WHEREAS, on May 25, 2022, the City Engineer filed such report with the City Clerk; and
WHEREAS, there will be no new improvements or substantial changes in the existing improvements other than that required to maintain the existing landscape and irrigation system; and
WHEREAS, estimated costs for FY 2022-23 are expected to exceed the total assessment in the amount of $5,226. This amount to be included in the Park Maintenance budget (01-4123-4404); and
0 WHEREAS, any proposed increase in the amount of the assessment would require balloting of the property owners under the provisions of Proposition 218.

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

1. Accepts the assessment and the diagram of parcels shown on EXHIBIT F contained in the Engineer’s Report.

2. Declares the intention to levy and collect assessments of $35.00 per parcel for the Fiscal Year 2022-23.

3. Sets a public hearing in the matter of the assessment for the Palisades Subdivision Landscape and Maintenance District at the regular City Council meeting to be held no sooner than 6:00 p.m. on July 19, 2022.

ATTACHMENT 1
Item #7.3.

Resolution 2022-XXX

PASSED, APPROVED AND ADOPTED this 7
th day of June, 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
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Printed On: 5/25/2022
Disclaimer: This map w as preparedfor informational
purposes only. No liability is assumed for the
accuracy of the data delineated hereon.

Palisades Subdivision [ 0 0.0125 0.025 0.05
mi
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Addresses
All Roads
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Local Road
Parcels
County
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County of Napa | ITS Dept
EXHIBIT "F" Item #7.3.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Mitch Celaya, Chief
Meeting: City Council - Jun 07 2022
Subject: Renew Animal Control and Shelter Services Agreement DESCRIPTION:

Consider adopting a Resolution authorizing the City Manager to renew a Consultant Services Agreement (CSA) for a term of ten (10) years with the North Bay Animal Services (NBAS) for Animal Control and Shelter services in an amount not to exceed $24,000 annually. The renewed Agreement to be effective July 1, 2022 through June 30, 2032.

RECOMMENDATION:

Adopt resolution
BACKGROUND/SUMMARY:

On August 1, 2019 the City of Calistoga entered into a Professional Services Agreement (PSA) with North Bay Animal Services (NBAS) for Animal Control and Shelter Services in the amount of $48,000 per year for a term of three (3) years. On August 1, 2020 the PSA was renegotiated and amended to reflect an amount of $24,000 per year for the same level of services. The current PSA expires on June 30, 2022.

NBAS provides excellent services to the Calistoga Community, is responsive to calls for service by CPD dispatch, and met all obligations and commitments outlined in the PSA's Scope of Work. The Chief of Police negotiated a renewal of a Consultant Services Agreement (CSA) with NBAS to continue to provide the existing level of services for the City of Calistoga. This would include field services and an animal shelter service located in Petaluma CA (see attached NBAS Proposal). The proposed CSA is a ten (10) year term in the amount of $24,000 annually ($2,000 monthly payments).

Napa County Sheriff's Department provides Animal Control Field Services and Napa County Public Works oversees the Animal Shelter Services for the county. The Sheriff's Department provided an estimated cost of $662,404 to provide Animal Control Field Services for a three (3) year term. The Napa County Animal Shelter provided an estimated cost of $192,991 to provide Animal Shelter Services for a three (3) year term. Total estimated cost for County Animal Control and Shelter Services for the City of Calistoga would be approximately $855,395 for a three (3) year term.

Attached is the CSA draft and the NBAS proposal of overall Animal Control and Shelter services for Calistoga. The following is an overview of the following animal control and shelter services offered:

Shelter Services:

Item #7.4.

NBAS is located at 840 Hopper Street in Petaluma CA, at the City of Petaluma Public Works Corporation Yard. It is located off Lakeville Street next to Hwy 101. A Google Map search indicates the shelter is located approximately 34 miles from Calistoga, 46 minutes of driving time.

The shelter is be open Tuesdays through Saturdays from 9:00am to 6:00pm. Redemptions can also be scheduled on Sundays and Mondays by appointment with the on-duty Animal Control Officer.

A drop off kennel has been located in the sally port behind the Calistoga Police Department. Animals will be held at this location until the animals can be picked up and taken to the shelter.

Services to include but not limited to providing dog licensing, animal adoptions, animal surrenders, neutering/spaying services, animal bite investigations, animal trappings, dead animal response, response to animal nuisance complaints, limited livestock services, and issuance of warnings and citations. Fees for services offered can be found on NBAS's website, https://northbayanimalservices.org.

Field Services:

NBAS would provide on-call field services for domestic animals within the city limits during regular business hours. Accordingly, NBAS would respond to services for stray, injured, and deceased domestic animals and will take them to the shelter. Dog bites and possible rabies issues may be handled by NBAS but these types of cases are ultimately the responsibility of the Sheriff's Animal Control Services division by statute.

NBAS committed to a response time of 60 minutes. Non-emergency issues would be responded to within 24 hours. The police department will dispatch calls for service to NBAS.

The recommendation is to renew the CSA with NBAS for Animal Control and Shelter Services. The Chief of Police prepared the CSA (see Attachment 2) which has been approved by the NBAS Executive Director. The recommendation is for the Calistoga City Council to review the CSA and authorize the City Manager to renew the agreement with NBAS for Animal Control Field and Shelter Services on behalf of the city.

CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:

Goal #5: Offer excellent professional services to all customers.

CEQA STATUS:

Not Applicable
FINANCIAL IMPACT:

The proposed ten (10) year CSA will have an annual cost of $24,000 per fiscal year ($2,000 monthly payments). The CSA provides for NBAS to retain any license and other services fees. The monthly payments to be paid out of Enrichment Grant Fund #01-4107-4453.

ATTACHMENT(S):
2022 NBAS Animal Control Services CSA RESOLUTION June 7 2022 Consultant Services Agreement for Animal Control Services with NBAS 060722 NBAS Animal Control and Shelter Services Proposal 2022
Item #7.4.

APPROVAL(S):

Gloria Leon, Administrative Services Director Approved - May 30 2022 Laura Snideman, City Manager Approved - May 30 2022
Marni Rittburg, City Clerk Approved - May 31 2022
Item #7.4.

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 ENTER

INTO A CONSULTANT SERVICE AGREEMENT WITH NORTH BAY ANIMAL

SERVICES FOR ANIMAL CONTROL SERVICES FOR THE CITY OF CALISTOGA IN AN AMOUNT NOT TO EXCEED $24,000 PER FISCAL YEAR
WHEREAS, On June 30, 2022 the Services Agreement with the North Bay Animal Services to provide Animal Control and Shelter Services to the City of Calistoga will expire; and
WHEREAS, the City of Calistoga wishes to renew a Consultant Services Agreement with North Bay Animal Services for Animal Control and Shelter services; and WHEREAS, the City has received more than satisfactory services from North Bay Animal Services for Animal Control and Shelter Services; and WHEREAS, the North Bay Animal Services warrants to the City that said contractor has the qualifications, experience, and facilities to continue to provide such services in a thorough, competent, and professional manner; and WHEREAS, the City has determined that North Bay Animal Services is a more than suitable entity to continue to provide Animal Control and Shelter services; and WHEREAS, the City found the proposed renewal of services submitted by the North Bay Animal Services to be fair and meet the needs of the city; and NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Calistoga hereby authorizes the City Manager to execute the Consultant Services Agreement with North Bay Animal Services to provide animal control services for the City of Calistoga to commence on July 1, 2022 through June 30, 2032 in the amount of $24,000 per Fiscal Year as described in Exhibit A of the Consultant Services Agreement. The $24,000 to be paid in $2,000 monthly payments from Enrichment Grant fund #01-4107-4453.

PASSED, APPROVED AND ADOPTED this 7
th day of June 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
Attachment 1Item #7.4.

AGREEMENT FOR CONSULTANT SERVICES
This Agreement for Consultant Services (the "Agreement") is made and entered into this 7'“day of June, 2022, by and between THE CITY OF CALISTOGA, a municipal corporation (hereinafter referred to as "CITY") and North Bay Animal Services [(1sole proprietors/vip, parIner.s'l7I'p,ZI'm1'Iea'liabilityparmer.s'/iip, corporation, limited /z'abi/itycorporation] (hereinafter referred to as "CONSULTANT"). CITY and CONSULTANT may be referred to individually as “Party” and collectively as the “Parties."

RECITALS
WHEREAS, the CITY’s Professional Services Agreement with CONSULTANT will expire on June 30, 2022: and
WHEREAS, CITY requires Animal Control and Shelter services for the prompt and humane care of injured, abandoned, surrendered, and reported animals at large; and WHEREAS, CITY requires animal licensing, adoption. and associated services be available to the community: and
WHEREAS, CONSULTANT is qualified to perform such services; and WHEREAS, CONSULTANT has agreed to provide CITY with such services on the terms and conditions set forth herein.

NOW, THEREFORE, for the considerations hereinafter set forth, CONSULTANT and CITY agree as follows:

ARTICLE 1 - SCOPE OF SERVICES

1.1. Scope of Work. CONSULTANT agrees to furnish the services set forth in Exhibit A, Scope of Work, which is attached hereto and incorporated herein (the "Services").

1.2. Compliance with Law. The Services shall be performed in accordance with all applicable federal, state and local laws, ordinances, rules, regulations and orders.

1.3. Time is of the Essence. CONSULTANT agrees to diligently prosecute the Services. In the performance of this Agreement, time is of the essence.

1.4. Professional Competence. CONSULTANT represents that it has the professional skills necessary to perform the Services and that it will perform the Services in a skillful and professional manner. CONSULTANT represents that it has all the necessary licenses to perform the Services and shall maintain them throughout the term of this Agreement.

CONSULTANT agrees that the Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged, in the same or similar geographical area in which CONSULTANT practices its profession, and will prepare all work products required by - 1 _ OAK #4890-277(7—3737vl (Rev. 9/202])
Item #7.4.

1.5. 1.6.

1.7. 1.8.

1.9. this Agreement in accordance with such standards. CITY and CONSULTANT agree that CONSULTANT is in responsible charge of the Services and CITY shall have no control over the method or means of performance of the Services. Acceptance by CITY of the Services does not operate as a release ofCONSULTANT from professional responsibility for the Services performed.

Independent Contractor. CONSULTANT is an independent contractor and not an employee of CITY. CONSULTANT expressly warrants that it will not represent that it is an employee ofClTY. Persons employed or utilized by CONSULTANT in the performance of the Services will not be employees or agents of CITY. CONSULTANT is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

Con?dentiality. CONSULTANT agrees to maintain in con?dence and not disclose to any person, firm, governmental entity, or corporation, without CITY'S prior written consent, any trade secret or confidential information, knowledge or data relating to the products, process, or operation of CITY. CONSULTANT further agrees to maintain in confidence and not to disclose to any person, firm, governmental entity, or corporation any data, information, technology, or material developed or obtained by CONSULTANT during the performance of the Services. The covenants contained in this Section 1.6 shall survive the termination of this Agreement for whatever cause.

Ownership of Material. Any reports and other material prepared by or on behalf of CONSULTANT under this Agreement (collectively, the "Documents") shall be and remain the property of CITY. All Documents not already provided to CITY shall be delivered to CITY on the date of termination of this Agreement for any reason. The Documents may be used by CITY and its agents. employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes CITY may deem appropriate without further employment of or payment of any compensation to CONSULTANT.

Documentation. CONSULTANT shall keep and maintain full and complete documentation and accounting records, employee time sheets, and correspondence pertaining to the performance of the Services, and CONSULTANT shall make such documents available for review and/or audit by CITY and CITY'S representatives at all reasonable times for at least four years after the termination of this Agreement or completion of the Services.

Testimony. CONSULTANT agrees to testify at CITY'S request if litigation is brought against CITY in connection with the Services. Unless the action is brought by CONSULTANT or is based upon CONSULTANT's negligence, CITY will compensate CONSULTANT for the preparation and the testimony at CONSULTANT's standard hourly rates.

ARTICLE 2 — COMPENSATION
OAK #4890—2776-373vl (Rev. 9/2021)
Item #7.4.

2.1. 2.4.

Compensation. Compensation for the Services shall be in accordance with Exhibit B, Compensation, attached hereto and incorporated herein. It is agreed that the compensation for the Services shall not exceed $24,000.00 ("Cost Ceiling").

Invoices. CONSULTANT shall submit monthly invoices in a form satisfactory to CITY on or before the tenth day of each month for Services provided during the preceding month. CONSULTANT shall submit time and cost records as necessary to substantiate performance of the Services. Within 35 days after receipt of each such invoice, CITY shall verify the accuracy of the invoice, correct the charges where appropriate and as discussed and mutually agreed with CONSULTANT, and make payment to CONSULTANT in an amount equal to the amount of such invoice, as verified or corrected by CITY. No payment hereunder shall be construed as evidence of acceptance of any of CONSULTANT's work. CITY reserves the right to withhold payment from CONSULTANT on account of Services not performed satisfactorily, delays in CONSULTANT's performance of Services, or other defaults hereunder. CONSULTANT shall not stop or delay performance of the Services under this Agreement on account of payment disputes with CITY.

Status Reports. Together with each monthly invoice, CONSULTANT shall submit a status report detailing the amount expended on the Services to that date and the remaining amount to be expended before the Cost Ceiling is reached. CONSULTANT shall notify CITY in writing when payments have reached 90 percent of the Cost Ceiling.

Withholding. In lieu of holding retention, CITY shall withhold CONSULTANT's final payment until the Services are complete and CITY has received all Documents.

CONSULTANT shall diligently continue and complete performance of the Services if the Services are not complete at the time CONSULTANT has performed services up to the Cost Ceiling.

ARTICLE 3 - TIME OF PERFORMANCE

3.1. Effective Date. This Agreement shall become effective on July 1, 2022 upon execution of the second signature and shall remain in full force and effect until June 30, 2032 or upon termination by either party as allowed by this Agreement.

Termination. This Agreement may be terminated at any time by CITY upon written notice to CONSULTANT.

Final Payment. CONSULTANT shall be entitled to compensation for Services performed up to the time of such termination, it being understood that any payments are full compensation for the Services rendered under this Agreement.

Other Remedies. Nothing in this Article 3 shall be deemed to limit the respective rights of the parties to terminate this Agreement for cause or otherwise to exercise any rights or pursue any remedies which may accrue to them.

OAK #4890—277(>-373vl (Rcv. 9/202i)
Item #7.4.

ARTICLE 4 - DESIGNATED CONTACTS

4.1. 4.2.

CITY Contact. CITY designates the Police Chief, as its contact who shall be responsible for administering and interpreting the terms and conditions of this Agreement, for matters relating to CON SULTANT's performance under this Agreement, and for liaison and coordination between CITY and CONSULTANT. In the event CITY wishes to make a change in CITY'S representative, CITY will notify CONSULTANT of the change in writing.

CONSULTANT Contact. CONSULTANT designates its Executive Director as its contact, who shall have immediate responsibility for the performance of the Services and for all matters relating to performance under this Agreement. Any change in CONSULTANT's designated contact shall be subject to written approval by CITY.

ARTICLE 5 - INDEMNIFICATION AND INSURANCE

5.1. 5.2.

5.3. Indemni?cation. CONSULTANT shall, to the fullest extent allowed by law, with respect to claims, liability, loss, damage, costs, or expenses, including reasonable attorney's and expert witness fees, awards, fines, penalties, or judgments, arising out of or relating to the Services (collectively "Claims"). defend, indemnify, and hold harmless CITY, its Officials, officers, employees and agents (the "CITY Parties"), except to the extent the Claims are attributable to CITY Parties’ gross negligence or willful misconduct. CONSULTANT shall defend the CITY Parties as required by California Civil Code Section 2778, and with counsel reasonably acceptable to those parties.

CONSULTANT .-shallhave no right to seek reimbursement from the CITY Parties for the costs of defense.

If CONSULTANT is a “design professional,” as defined in California Civil Code Section 2782.8(c), CONSULTANT shall indemnify, defend, and hold the Indemnitees harmless against Liability only to the extent such Liability arises out of, pertains to. or relates to CONSULTANT’s negligence, recklessness, or willful misconduct. In such an event, the cost to defend charged to CONSULTANT shall not exceed CONSULTANT’s proportionate percentage of fault.

The obligations contained in this Section 5.1 shall survive the termination of this Agreement for whatever cause for the full period of time allowed by law and shall not in any way be limited by the insurance requirements of this Agreement.

Health and Safety. CONSULTANT may perform part of the Services at sites which contain unknown working conditions and contaminated materials. CONSULTANT shall be solely responsible for the health and safety of CONSULTANT's employees during the performance of the Services.

Insurance. CONSULTANT and all of CONSULTANTS employees, subcontractors. consultants and other agency shall procure, provide and maintain at all times during the performance of this Agreement, and for such additional periods as described herein, the OAK #4890-2776-373vl (Rev. 9/2021)
Item #7.4.

insurance listed below with insurers licensed to do business in the State of California and with a Best’s rating of no less than A:VII.

A. Commercial Automobile Liability Insurance. Commercial Automobile Liability Insurance providing bodily injury liability and property damage, to protect against all liability arising out of the use of any owned, leased, passenger or commercial automobile at a minimum amount of$l,000,000 combined single limit and $2,000,000 aggregate. Coverage shall apply to hired and non-owned autos.

B. Commercial General Liability Insurance. Commercial General Liability Insurance, with limits providing a minimum amount of $1,000,000 combined single limit coverage for each occurrence, $2,000,000 general aggregate and $2,000,000 products/completedoperations aggregate. The insurance shall cover all operations including but not limited to the following: (1) premises, operations and mobile equipment liability; (2) completed operations and products liability; (3) contractual liability insuring the obligations assumed by CONSULTANT in this Agreement; (4) broad form property damage liability; (5) personal injury liability endorsement, including death; and (6) automobile bodily injury and property damage insurance, including all owned, hired and non-owned equipment.

C. Professional Liability Insurance. Professional Liability Insurance protecting against liabilities arising out of or in connection with negligent acts, errors, or omissions of CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency in connection with this Agreement, at a minimum amount of $1,000,000 combined single limit coverage and $1,000,000 aggregate, on a "claims made basis" with a continuation of coverage extension for liabilities for two years from the date the Services are substantially complete. Such professional liability policies shall include coverage for liability assumed by the CONSULTANT under this Agreement.

D. Workers Compensation Insurance. Workers Compensation insurance, occupational disease insurance and employer’s liability insurance shall be required with minimum limits as required by law, covering all workplaces involved in this Agreement.

E. Policy Terms. Concurrently with execution of this Agreement, CONSULTANT shall provide CITY with Certificates of Insurance evidencing that CONSULTANT has obtained or maintains the insurance required by this Section

5.3. The Certi?cates shall be on forms acceptable to CITY. CONSULTANT shall also furnish CITY with original endorsements with the following documentation:
0 Precludingcancellation or reduction in coverage before the expiration of thirty (30) days after CITY shall have received written notification thereof from CONSULTANT by United States mail;
0 Providing that CONSULTANT's insurance shall apply separately to each insured against whom claim is made or suit is brought, and include a “separation of insureds” or “severability” clause which treats each insured _ 5 _ OAK #4890-2776-373vl (Rev. 9/202l)
Item #7.4.

separately, except with respect to the limits of the insurer's liability (crossliability endorsement); 0 Excepting CONSULTANT”S professional liability insurance, naming CITY, its City Council, boards, commissions, committees, officers, employees and agents as additional insureds (“Additional Insureds”); and 0 Providing that for any claims relating to CONSULTANT's services hereunder, CONSULTANT's insurance coverage shall be primary insurance with respect to CITY, its City Council, boards, commissions, committees, officers, employees and agents, and that any insurance or self-insurance maintained by CITY for itself, its City Council, boards, commissions, committees, officers, employees and agents shall be in excess of CONSULTANT's insurance and shall not be contributory with it.
0 It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverages requirements and/or limits shall be available to the Additional Insured, including but not limited to any umbrella or excess insurance.

Furthermore, the requirements for coverage and limits shall be the greater of:
(a) the minimum coverage and limits specified in this Agreement; or (b) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.

F. Material Breach. If CONSULTANT fails to maintain insurance coverage or provided insurance documentation which is required pursuant to this Agreement, it shall be deemed a material breach of this Agreement. CITY, at its sole option, may terminate this Agreement and obtain damages from CONSULTANT resulting from said breach. Alternatively, CITY may purchase the required insurance coverage, and without further notice to CONSULTANT, may deduct from sums due to CONSULTANT any premium costs advanced by CITY for such insurance. These remedies shall be in addition to any other remedies available to CITY.

ARTICLE 6 - NOTICES
All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by facsimile or reputable overnight courier and shall be deemed received upon the earlier of: (1) if personally delivered, the date of delivery to the address of the person to receive such notice; (2) if delivered by Federal Express or other overnight courier for next business day delivery, the next business day; (3) if sent by facsimile, with the original sent on the same day by overnight courier, the date on which the facsimile is received, provided it is before 5:00 P.M. Paci?c Time; or (4) if sent electronically, the date of delivery on the con?rmed read receipt. Notice of change of address shall be given by written notice in the manner described in this Article 6. Rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice or communicationsent. Unless changed in accordance herewith, the addresses for notices given pursuant to this Agreement shall be as follows:

OAK #4890-2776—373vl(Rev. 9/202l)
Item #7.4.

If to CITY: Laura Snideman, City Manager
1232 Washington Street
Calistoga, CA 94515
Email: [email protected]
Phone: 707-942-2806
If to CONSULTANT: Mark Scott, Executive Director
North Bay Animal Services
849 Hopper Street
Petaluma, CA 94952
Phone: 707-364-9554
Email: [email protected]
ARTICLE 7 - MISCELLANEOUS

7.1. Conflict of Interest Prohibition. CITY and CONSULTANT will comply with the requirements of the CITY’s Conflict of Interest Code adopted pursuant to California Government Code §87300 et seq., the Political Reform Act (California Government Code §8l00O et seq.), the regulations promulgated by the Fair Political Practices Commission (Title 2, §18l 10 et seq. of the California Code of Regulations), California Government Code §l09O et seq., and any other ethics laws applicable to the performance of the Services and/or this Agreement. CONSULTANT may be required to ?le with the CITY Clerk a completed Form 700 before commencing performance of the Services unless the CITY Clerk determines that completion of a Form 700 is not required, pursuant to CITY’s Conflict of Interest Code. Form 700 forms are available from the CITY Clerk.

CONSULTANT may not perform Services for any other person or entity that, pursuant to any applicable law or regulation, would result in a conflict of interest or would otherwise be prohibited with respect to CONSULTANT’s obligations pursuant to this Agreement.

CONSULTANT agrees to cooperate fully with CITY and to provide any necessary and appropriate information requested by CITY or any authorized representative concerning potential con?icts of interest or prohibitions concerning CONSULTANT’s obligations pursuant to this Agreement.

CONSULTANT may not employ any CITY official, officer or employee in the performance of the Services, nor may any official, officer or employee of CITY have any financial interest in this Agreement that would violate California Government Code §lO90 et seq. CONSULTANT hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of CITY. If CONSULTANT was an employee, agent, appointee, or official of CITY in the previous twelve months, CONSULTANT warrants that it did not participate in any manner in the -7-
OAK #4890—2776-373vl(Rev. 9/202])
Item #7.4.

7.2. 7.3.

7.4. 7.5.

7.6. forming of this Agreement. CONSULTANT understands that, if this Agreement is made in violation of Government Code §lO9O et seq., the entire Agreement is void and CONSULTANT will not be entitled to any compensation for CONSULTANTS performance of the Services.including reimbursement of expenses, and CONSULTANT will be required to reimburse CITY for any sums paid to CONSULTANT under this Agreement. CONSULTANT understands that, in addition to the foregoing, penaltiesfor violating Government Code §l09O may include criminal prosecution and disqualification from holding public office in the State of California.

Any violation by CONSULTANT of the requirements of this provision will constitute a material breach of this Agreement, and the CITY reserves all its rights and remedies at law and equity concerning any such violations.

Subcontracting. CONSULTANT may subcontract portions of the Services upon the prior written approval of CITY. CONSULTANT will be solely responsible for payment of such subcontract Services. No contractual relationship will exist between any such subcontractors of CONSULTANT and CITY. CONSULTANT’s subcontractors agree to be bound to CONSULTANT and CITY in the same manner and to the same extent as CONSULTANT is bound to CITY under the Agreement. CONSULTANT’s subcontractors further agree to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, with any subsubcontractor to the extent they apply to the scope of the sub—subcontractor’swork. A copy of the CITY indemnity and insurance provisions will be furnished to CONSULTANT’s subcontractors upon request.

Entire Agreement. This Agreement represents the entire understanding of CITY and CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may only be modified by an amendment in writing signed by each party.

No Assignment. The Services are deemed unique and neither party shall assign, transfer, subcontract or otherwise substitute its interest in this Agreement or any of its obligations hereunder without the prior written consent of the other party. As limited by this Section

7.2, this Agreement is to be binding on the successors and assigns of the parties hereto.

Severability. If any part of this Agreement is determined to be unconstitutional, invalid or beyond the authority of either party, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement can be interpretedto give effect to the intentions of the parties.

Counterparts. This Agreement may be signed in counterparts and, when fully signed, such counterparts shall have the same effect as if signed in one document.

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7.7. 7.8.

7.9. 7.10.

7.11. 7.12.

Choice of Law. This Agreement and all matters relating to it shall be governed by the laws of the State of California without reference to its choice of laws principles and venue shall be in the appropriate court in Napa County, California.

Waiver. No failure on the part of either Party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder. A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other further breach.

Mediation. In the event the parties are unable to resolve a dispute arising under this Agreement through good faith negotiations, the parties agree to submit the matter to mediation with a mutually agreeable mediator. Prior to the mediation, the partiesshall exchange any documents reasonably necessary to resolve the matter to be mediated.

Interpretation. In the event this Agreement is ever construed in any dispute between the parties, it and each of its provisions shall be construed without regard to the party or parties responsible for its preparation and shall be deemed to have been prepared jointly by the parties. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement.

Authority. Each individual executing this Agreement on behalf of one of the parties represents that he or she is duly authorized to sign and deliver the Agreement on behalfof such party and that this Agreement is binding on such party in accordance with its terms.

Third Parties. Nothing contained in this Agreement shall create a contractual relationship with, or cause of action in favor of, a third party against either the CITY or CONSULTANT. CONSULTANT’s Services hereunder are being performed solely for the benefit of CITY. CITY shall be an express third-party beneficiary of all contracts between CONSULTANT and any subcontractors or subconsultants in connection with any services performed in connection with, or in furtherance of, this Agreement. >l<>l<>l<
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OAK #4890~2776-373vl (Rev. 9/2021)
Item #7.4.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.

CITY OF CALISTOGA
By: Date:

Laura Snideman, City Manager

CONSULTANT
By: Date:

Mark Scott, Executive Director
Attest
By:

Marni Rittburg, City Clerk
Approved As To Form
By:

Michelle Marchetta Kenyon, City Attorney
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Item #7.4.

EXHIBIT A

SCOPE OF WORK
I. ON—CALL ANIMAL CONTROL SERVICES AND STAFFING.

A. On—CallEmergency Response. Contractor shall provide City with quali?ed animal control officers who shall be dispatched and respond to any and all calls for domestic animal, including community cats, and domestic animal-related emergencies from Police Dispatch. An animal—related emergency involves a domestic animal that poses athreat to the safety of persons, other animals, or itself, and includes severely injured or sick animals that require humane transportation to veterinary care or euthanasia.

Said animal control officers shall be available to respond to calls for service twenty-four (24) hours a day, seven (7) days a week, including weekends and holidays. Said animal control officers shall arrive to the scene on public or private property in the city limits of Calistoga within sixty (60) minutes of receiving a call for service from Police Dispatch and shall humanely capture, control, secure and convey stray, sick, injured and deceased domestic animals to the City's designated shelter at 840 Hopper Street, Petaluma, CA.

B. Ongoing Services. Contractor shall provide City with qualified animal control service officers who, as provided for in Calistoga Municipal Code Chapter 6.04 (Animal Control) and any implementing resolutions, shall provide all ofthe following services:
(1) Establish and administer the licensing of dogs as may be amended from time to time;
(2) Collect fees related to impound, surrender, dog licensing, and related enforcement activities;
(3) Identify and contact owners of impounded animals and make arrangements for their return;
(4) Assist City Police in animal—related matters, including but not limited to:
removal of animals from streets affecting traffic, investigations of vicious animals, and investigations of animal bites, animal cruelty, neglect and/or inhumane animal treatment. Such assistance may include providing support to City Police inbuilding animal-related criminal cases; (5) Submit monthly written reports to Chief of Police detailing the services provided that month and an account of fees collected. The format and extent ofinformation will be provided by Police Chief;
(6) Provide advice, materials, and/or assistance in: (a) lawfully trapping animals on private property, and (b) the rescue of animals from roofs, _ _ OAK #4890-2776-373vl (Rev. 9/2021)
Item #7.4.

trees. fences, storm drains. and other at, above. or below ground locations within reasonable safety limits;
(7) Make available animal control officers to attend and testify in court or administrative hearings. The costs for these appearances shall be the sole responsibility of the Contractor.

C. Excluded Services. Nothing in this Agreement shall require Contractor to: (1) provide for a routine patrol for stray dogs, or (2) provide services for wildlife (such as deer, opossums, and raccoons), pests (such as insects, mice or rats), or non—domestic animals (such as horses, bovines, and sheep).

D. Animal Control Officers. Subject to the terms and conditions of this Agreement, the animal control services officers provided by Contractor shall be certified as such under Penal Code Section 832 and shall be designated as and vested with the authority of "Animal Control Services Officers" for the purposes of Calistoga Municipal Code Chapter 6.04 (AnimalControl). As such, the animal control services officers provided by Contractor may enforce animal-related state and local laws and regulations related to animals, issuing citations when appropriate. Contractor shall maintain all training records for itsanimal control services officers.

2. ANIMAL SHELTER FACILITY, EQUIPMENT, SERVICES, ANDSTAFFING.

A. Animal Shelter Facility and Equipment. Contractor shall provide City with an animal shelter facility at 840 Hopper Street, Petaluma, CA, which shall be equipped in the manner necessary to provide the services required by this Agreement. Prior to operating any animal shelter, the facility shall be inspected and approved by the City to ensure that it meets the requirements of this Agreement, related City codes and applicable laws.

The Contractor shall provide the necessary equipment to out?t the animal shelter andto enable the animal shelter operators to perform their duties as set forth in this Scope of Work, which may include, but not be limited to. kennels.examination tables, equipment and food storage, uniforms, identification badges, and communication devices.

City may conduct periodic inspections of the animal shelter facilities, equipment and other property furnished by Contractor for use in performing the services under this Agreement. Ifthe City finds that repairs or changes are required in connection with this Agreement, the Contractor shall, within thirty (30) days of receipt of notice from the City. place in satisfactory condition all ofsuch animal shelter facilities, equipment and other property, correct all defects therein, and make good on all damages. If Contractor fails to correct - 12 -
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any such damage at Contractor's expense. the City may treat any failure as a default subject to termination underthis Agreement.

B. Animal Shelter Services. Contractor shall provide City with animal shelter services and quali?ed animal shelter operators who shall maintain the animal shelter facilities, equipment and other property consistent with the following requirements. Specifically, Contractorshall:
(1) Staffin 7. Adequately train and staff the animal shelter facilities with qualified animal shelter operators, in accordance with state law. (2) Public Hours. Staff and hold open the animal shelter facilities to the public, at a minimum.from 9 AM to 6:00 PM, Tuesdays through Saturdays.

Redemptions can also be scheduled on Sundays and Mondays with the onduty animal control officer. (3) Basic Services. Accept, shelter, feed, provide routine in—takemedical and emergency care, and otherwise provide for abandoned, stray or unwanted domestic animals, on a twenty-four (24) hours a day, seven (7) days a week basis, that are surrendered by Calistoga residents. delivered by animal control officers, or delivered by City personnel for the minimum impoundment and stray hold periods established in the Calistoga Municipal Code and state law.
(4) Sanitation Standards. Adhere to and utilize the UC Davis Medicine guidelines for sanitation and cleaning protocols of the shelter facility and animal storage and treatment areas.
(5) Quarantines.Provide a means ofisolating animals with Police holds or quarantines, or animals held in protective custody in a manner that will not expose other sheltered animals or the public at risk. Contractor shall document and monitor all animals under quarantine and, when necessary, obtain a lab sample of the animal and prepare the necessary paperwork to accompany the sample to the Health Department fortestirig. (6) Euthanasia. Provide for humane euthanasia if deemed appropriate by the attending, licensed veterinarian.
(7) Disposal. Provide for the lawful disposal ofthe remains of animals.including the cremation of euthanized animals.
(8) Owner Search and Notices. Make reasonable attempts to find the rightful owner of animals in their custody, including scanning animals for the presence of a microchip and initiating a search for the owner through the microchip vendor. Contractor shall notify owners as established by state or local law, rule or ordinance or. if none, as set forth by Contractor. - _ OAK #4890—2'/76-373vl(Rev. 9/2021)
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(9) Adoptions. Make reasonable adoption opportunities available for animals after the mandatory stay period has run and process all owner redemptions and adoptions ofanimals.
(l0) Licensing. Provide for licensing of dogs consistent with the requirements ofthe Calistoga Municipal Code.
(1 1) Coordination with Animal Control. Liaison with City's designated animal control officer(s), including providing training and updates to the animal control of?cer(s) and Calistoga Police personnel on the basic policies and procedures ofthe animal shelter.
(12) Access. Provide, at a minimum, access, at all times, to the City's designated animal control officers and Calistoga Police with access to exterior drop~off kennels at the animal shelter and one (1) exterior drop—off kennel at the Calistoga Police Department or other location as deemed appropriate by the City.
(13) Programs. Provide programs and services that reduce euthanasia rates and shelter overcrowding while providing proper and compassionate care for the animals entrusted to them. Contractor may provide other programs it deems appropriate, such as low cost spay and neuter programs, foster care programs, training and behavioral programs, public education, and post adoption support and advice.
(14) Vaccinations. Provide for standard vaccinations of cats and dogs upon intake.
(1 5) Volunteers. Contractor may maintain an active volunteer program, which shall include a background and screening process, training, coordination and supervision by Contractor.

C. Veterinary Services. Contractor shall be responsible for hiring or (sub) contracting with one or more veterinarian(s) or other subcontractors in order to carry out its duties under this Agreement. As provided for in this Agreement, Contractor shall incorporate provisions of this Agreement, including but not limited to the insurance and indemni?cation clauses, into any and all agreements with said veterinarian(s) or other subcontractors. Prior to executing any such agreement, Contractor shall provide City with a copy of the agreement for review and confirmation that the terms and conditions of this Agreement have been satisfied and that the veterinarian(s) or other subcontractors are qualified to undertake the activities required under this Agreement.

D. Housing ofAnimals. Contractor will be solely responsible for the costs associated with the care and feeding of animals during the required holding periods and for any time periods beyond the minimum impoundment periods _ 14 - om; #4890-2776-373vl (Rev. 9/2021)
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established in Calistoga Municipal Code Chapter 6.04.

E. Excluded Services. Nothing in this Agreement shall require Contractor to be responsible for livestock (such as horses, bovines, or sheep) beyond placing animals into a coral or for wild animals (such as deer. possums, raccoons, foxes, etc.) or exotic animals (birds, snakes. reptiles, etc.).

3. IMPOSITION AND COLLECTION OF FEES.

A. Imposition of Fees. As provided for above, Contractor shall impose fees related to impound, surrender, adoption, dog licensing, and related enforcement activities on the responsible party. Said fees shall be set by the City pursuant to Calistoga Municipal Code Chapter 6.04 (Animal Control). The maximum fees for service shall be set by the City pursuant to Calistoga Municipal Code Chapter 6.04 (Animal Control). City shall provide Contractor with a schedule of all adopted fees and any updates or amendments to said fees, which shall be attached to this Agreement and made a part thereof. Contractor shall set and charge fees consistent with and, in no event, in excess of these adopted fee schedules. Contractor shall be entitled to all revenue generated from such service fees.

B. Collection of Fees. Contractor shall collect applicable fees for animal control services from the responsible party. To the extent that, following a diligent effort to identify a responsible party, a responsible party cannot be determined, the fee will be treated as an operating cost of Contractor, and Contractor shall be solely responsible for any and all such fees. In no event shall City reimburse Contractor for expenses that have been paid by another party or for the services of volunteers.

4. EQUIPMENT

5. 7.13. Contractor's Equipment. The Contractor shall provide the necessary equipment for the designated animal shelter, the animal control officers and Contractors’ other agents to perform their duties as set forth in this Scope of Work, which may include, but not be limited to, an animal control vehicle, traps, safety equipment, medications, pharmaceuticals, collection equipment, uniforms, identi?cation badges, and communication devices.

7.l4. City's Communication System. The City will provide the Contractor two (2) hand held two-way radios to allow Contractor's animal control officers to communicate with the Calistoga Police Department dispatch center.

Contractor shallensure that any and all employees utilizing police radios have received proper training from the Calistoga Police Department in the use and care of the equipment.

COMMUNICATIONS AND RECORD KEEPING.
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A. Noti?cation. Contractor's animal control officers shall notify the Calistoga Police Department dispatch center via radio (when this capability is provided) whenever they come into the City ofCalistoga for: (l) a response to a call for service. or (2) follow—upinvestigation ofa previously reported incident.

Calistoga Police Dispatch will create an event in their CAD/RMS system for all calls for service or investigation activities initiated by an animal control officer.

Contractor‘s animal shelter operators shall maintain operations logs and records consistent with the prevailing recordkeeping practices in the industry.

Contractor's recordkeeping obligation shall include drafting and maintaining documentation on each animal brought in, including an inventory of the animal type, breed, sex, license tag number (if applicable), microchip information (if available), date animal was received, from whom the animal was received, the date a notification letter was sent, and the final disposition ofthe animal. Contractor shall also keep and maintain records outlining all activities performed including but not limited to general services, adoptions, euthanasia procedures, surgical procedures, vaccinations, accounts payable and receivable, programs, events, presentationsand any other activities that outlines or illustrates the services provided by Contractor.

B. Updates. Animal control officers shall provide radio status updates whenever conditions change, such as: (1) arrival on the scene; (2) change of location; (3) action being taken; (4) no further assistance needed; and (5) call completed. A disposition must be provided, such as arrested, cited, warned, advice given, or report taken whenever a call is completed.

C. Written Reports. Animal control officers shall prepare written reports of all service calls, which shall be documented on Calistoga's Police Department's CAD/RMS application(s). Calistoga Police Department will provide training to Animal Control Officers on the proper use of their CAD/RMS application(s). lf possible, dog licenses and animal-related permits should be readily searchable and/or accessible for use by animal control officers and City staff in the performance of their duties.

D. Inspection. All of Contractors records shall be made available for inspection by the City as requested.

Review of Services. The Chief ofPolice ofthe Calistoga Police Departments, or his or her designee, will meet at least twice per fiscal year with the Contractor's Executive Director to discuss animal control services, including but not limited to, adherence to this Scope of Work.
_ 15 _ OAK #4890-2776-373vl (Rev. 9/2021)
Item #7.4.

EXHIBIT B
Compensation
CITY shall pay CONSULTANT for the Services on flat a service fee not to exceed $2,000.00 per month (as de?ned in Section 2.1 of the Agreement). CONSULTANT agrees to use appropriate methods to contain its fees and costs under this Agreement.

Compensation shall include only the following costs, which shall all count toward the Cost Ceiling:

Budget Summary

BUDGET SUMMARY REPORT
North Bay Animal Services
Budgetsummarv l”§$§Zli T:r;[e)ts
Income Breakdown: # City Contract Fee $2,000.00 $24,000.00‘ License Fees (Est.) $103.42 $1,241.00
L Expense Breakdown:
—-i
Admin / Social Media / Animal Medical $750.00 $9,000.00 Officer On—Call $532.29 $6,387.50
Employee Salaries/ Medical (Estimated Percentage) $250.00 $3,000.00 Telephonel lnternetl Cell $30.00 $360.00
Printing Services $87.50 $1050.00
HR Services $25.00 $300.00
Equipment $75.00 $900.00
Fuel Cost $104.17 $1,250.00
Postage $62.50 $750.00
Accounting Fees $37.50 $450.%
Balance Sheet Summary (Mark's Suggested) “T/isrrgggTrggts income $2,103.42 $25,241.00
Expenses $1,g53_95 $23,447.50
idget Difference $149.46
**Note
Employee salaries and medical are calculated at a percentage rate.

Animal care and medical expenses are included in these rate. _ 17 _ OAK #4890-2776—373vl(Rev. 9/202i)
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OAK #4823—2508—()I 59 v2
Item #7.4.

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Proposal for the
City of Calistoga Animal Services
May 11th,2022
Provided By
North Bay Animal Services
Mark Scott, Executive Director
840 Hopper Street
Petaluma, CA 94952
Telephone: 707-762-6227
E—Mai|: Mark@northbayanima|services.org
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Table of Contents
Executive Summary ........................................................ .
..3
General Company Description ........................................ ..3 Animal Control Services .................................................. ..5 Shelter Services ...................................................... .........
..6
Marketing Plan ................................................... ...............
..7
Operational Plan ...................................................... .........
..8
Management and Organization ....................................... ..9 Budget Summary ..................................................... .......
..12
Staff Training ........................................................ ...........
..13
Scope of Services .................................................... .......
..14
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Executive Summary
North Bay Animal Services (NBAS) will provide Animal Care and Control Services for stray, surrendered and injured animals for Calistoga’s over 5,200 residents. Public services include collection and care of stray/injured animals, dog licensing, cruelty investigations, animal law enforcement, and facilitation of trap, spay/neuter and release for feral cat colonies.

NBAS works collaboratively with citizens and other entities in the cities that we serve, putting our collective years of experience to use in order to help homeless pets.

We willprovide these services to the City of Calistoga for an annual fee of: $24,000.

NBAS can accommodate all of the required services specified in the proposal. In addition, we include in our annual cost:
o Commitment to build and maintain a No Killcommunity. This includes 11 robust programs.
o Access to low-cost spay/neuter clinics.
o Access to classroom education programs. - A cloud-based software system for tracking animals and field services.

Commitment to developing local, community specific services as needed General Company Description
This California non-profit corporation provides animal services to cities in the San Francisco North Bay area. We shelter surrendered household pets, adopt them to qualified owners, respond to animal-related requests and maintain the animal licensing program. We also provide Humane Education classes and low-cost spay/neuter services.

We understand that the only services requested in Calistoga will be for animal control and animal shelter services.

Mission Statement:

North Bay Animal Services provides high quality, comprehensive services to the community that result in fewer homeless animals, greater pet retention, and happier families.
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Business Philosophy:

Our most important resource is our people. From the Board of Directors, to the Advisory Committee, to the employees and volunteers, we all have a strong commitment to animal welfare. Each area of the organization is represented by years of service and expertise: Animal Control, Canine Training, Customer Service and Technology, Animal Veterinary Care, Volunteer Coordination, Humane Education, Community Outreach, Executive Management. This diverse group and their commitment to the industry and community make the organization flourish.

NBAS is also committed to collaboration and partnerships. Within the organization, communication among staff and between staff and Board members is essential to improve programs and introduce new ones. This is essential as the organization evolves to meet the ever-changing needs of the industry. We partner with other animal welfare organizations. We can facilitate what's best for the animals (one shelter might have adopters for a particular dog breed, when we do not; we might have fosters for animals with medical needs when another shelter may not). These established relationships allow us to expand our network in an efficient and effective way.

We also partner with these non-profits to provide extra services:
o Kids n K95: Humane Education
o Sonoma CART: disaster preparedness
o SPARK: revenue generating services, ie: Thrift Store
Fees for Services Provided:

Current rate is $24,000.00 per year or $2,000.00 per month. Any fees associated with this proposal collected by North Bay Animal Services are 100% percent retained by North Bay Animal Services.

Terms Agreement:

The services of North Bay Animal Services are to commence on August 13‘,2022, or an agreed upon date and be in effect for 10 years at which time the Parties shall meet and confer to evaluate the terms of the Agreement in consideration of amending and/or extending the Agreement.
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Animal Control Services
Animal Control Hours & Services
North Bay Animal Services willoperate the Petaluma Animal Shelter located at 840 Hopper St. Petaluma and provide the following business hours of services from 9 a.m. to 6 p.m., Tuesday through Saturday, excluding city recognized holidays:

Acceptance of stray animals
Assistance with sick or injured animals
Assistance with dangerous animals
Acceptance of owner surrenders for City of Calistoga residents Partner with Calistoga residents to reunite them with their lost pets Dog licensing services
Animal Control Number
Mark Scott - Animal Control Cell 707-364-9554
Main Shelter Number - 707-762-6227
After-Hours Emergency
For after-hours emergency calls related to sick, vicious or injured animals, please contact the Calistoga Police Department dispatch at 707-942-2810.

Regular Animal Control Service Hours
The Animal Control Officer is on-duty Tuesday through Saturday, 9 a.m. to 6:00 p.m., excluding Federally recognized holidays. Animal-related complaints received by the city or the police department outside of regular animal control service hours are forwarded to animal control for follow-up.

Response Time During Regular Service Hours
Animal Control provides in-field response to animal medical emergencies and other emergencies involving danger to humans within 60 minutes or less during regular service hours. An Animal Control Officer willrespond to non-emergency animal control issues within 24 hours of being notified during regular service hours. 840 HOPPERSTREET 0 PETALUMA,CA 94952 ' TAXID 82-4814529 Item #7.4.

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Animal Control
We willrespond to residents of Calistoga for pet-related issues like nuisance barking dogs, stray animals, and respond to animal-related issues in the community. This includes off-leash pets roaming the streets, community complaints about pets and community education. Our Animal Control Officers willresolve these issues in a timely fashion, delivering excellent customer service, always trying to keep the pet in the owner’s home. When necessary, animals will be housed at the shelter temporarily until the pet can be reunited with the owner.

Our officers are trained to investigate; to respond to animal bites; cruelty, abuse & neglect cases; and nuisance complaints. We utilize Pet Point software an animal management software package, which includes a field services module for recording and tracking appropriate details. A powerful reporting feature enables us to compile and report data to the Calistoga Police Department and the City of Calistoga in a timely manner.

When impounding an animal is necessary, we will provide care and treatment for that animal in the Animal Shelter until we can reunite the animal with its owner. We have quarantine facilities and protocols, and access to 24-hour veterinary care.

Our officer will help residents with any pet related issue. This includes abandoned, lost and stray dogs, calls for help at the dog park, as well as assistance trapping domestic and relocating wild animals. We will also accept dead domestic or wild animals for disposal.

Our wildlife services include helping sick, injured, orphaned, or deceased wildlife, and coordinating with the appropriate agency for housing and rehabilitation.

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Shelter Services
NBAS operates the Petaluma Animal Shelter at 840 Hopper Street in Petaluma. We areopen 9 a.m. through 6 p.m., Tuesday through Saturday. We house all of our animals at this facility from intake, through appropriate stray holds, providing necessary medical treatment, to final outcome (adoption, transfer or euthanasia).

We follow UC Davis Shelter Medicine care and cleaning protocols to ensure a healthy environment for the animals in our care. We have isolation space available for cats anddogs to prevent the spread of disease.

The Petaluma Animal Shelter serves as a community resource, not only for adoptableanimals, but for licensing services, educational materials, and events.

Calistoga residents would also have access to these services at this location.

Through our partnership with Wine Country Animal Lovers (WCAL), we anticipate creating periodic pop-up events so that Calistoga residents can view adoptable pets, payfor their dog licenses, and stay up-to-date with current collateral materials.

We would also like to propose installing a drop box for residents to pay dog licensingfees (conveniently located in town), and a rack in City Hall to distribute license applications, educational cards (i.e. prevent dogs in hot cars, window clings for emergencies) and animal control forms.

A No Kill Community
NBAS operates under the No Killphilosophy. We give every animal the best chance at a live release. However, we recognize that some animals in our care will be humanely euthanized. Public safety and animal health issues are the only reasons we euthanize an animal. No Killis the industry standard in animal sheltering today. For NBAS, the shift is really about responsibility and accountability. By implementing the No Killprograms, we have maintained a 97% live release rate for our shelter.

NBAS willprovide the culture and standard by which staff and community members work collaboratively to develop and maintain an above 90% live release rate. Through partnerships with the community and collaboration with like-minded organizations throughout the county, we can make this happen.

Key Programs
The norm in animal sheltering today is community driven animal care. When a community embraces the No KillEquation, lives are saved and the quality of life for animals in care improves. Achieving No Killrequires hard work by the community, progressive leadership from the animal care provider and the implementation of specific programs, including:
- High volume, low-cost sterilization for cats and dogs that reduces the number of animals entering the system,
c A foster care network that provides a low-cost way to increase the she|ter’s capacity and care for special-needs animals,
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- Comprehensive pet adoption services that promote animals and provide convenient public access hours,
0 Pet retention services that reduce the surrender of animals to the shelter, 0 Medical and behavioral programs that provide for the health and rehabilitation of sick or traumatized animals, - Public relations efforts that increase community involvement and the shelter’s public exposure
0 Volunteer recruitment and training to expand the human resources available to build a successful No Killcommunity.

SpaylNeuter
We offer low-cost Spay and Neuter residents qualify by the honor system. Included with the surgery are vaccines and a microchip.

Foster Program
We often take in special needs pets. As nice as the shelter is, it's no place for underage puppies and kittens, or animals undergoing specialized medical treatment. With 40 foster homes, we can provide the one-on-one attention that these pets need in order to attain adoptable status. We would develop this program in Clearlake, engaging the community to help in this work.

Adoption Services
The Petaluma Animal Shelter includes 31 indoor dog runs, 3 community cat rooms, and enough flexible housing for over 36 cat condos. This shelter has a very high return to owner rate and adoption rate. To that end, we find ourselves transferring animals from other shelters so that we can keep our building full of pets. Accommodating Clearlake pets would reduce the number of animals we transfer from other shelters.

Before adoption, our pets are microchipped, spayed or neutered and given ageappropriate vaccinations.

We employ Best Practices (UC Davis) cleaning protocols and maintain isolation areas for both cats and dogs to ensure that communicable diseases like parvo, ringworm, URI do not travel to the other parts of the population.

Every area of our shelter is open for inspection at any time.

Pet Retention
The best place for a pet is in their home. We work with our residents to help keep pets with their owners. Sometimes this means helping them with food, or vaccines. Because of our generous donors, we are able to help in this way. We also provide advice services to help with any behavioral issues a pet may be having. We see surrendering a pet as a last resort.

Medical and Behavioral Program
We contract with local veterinarians who provide services 6 days per week. We have relationships with 3 emergency vets to fillin on Sundays. This model is more cost effective and provides more consistent care for the animals, than hiring a vet one day per week to provide services at the shelter. Every day the animals are transported to the vet B40 HOPPERSTREET 0 PETALUMA,CA 94952 0 TAXID82-4614829
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for their health checks, rabies vaccines, and any needed surgeries. This model also allows animals to be seen quickly, thereby getting them into the adoption program sooner and off to their forever homes.

The current behavior research shows that behavior testing in a shelter environment is not predictive of future pet behavior. However, we need some way to first decide if an animal is suitable for adoption, then to design a program to help an adopter manage any behavior issues. To that end, we evaluate the pet based on the animal history provided by the previous owner (if it exists), observable instances of unpredictable aggression while in our care, and a modified SAFER test (industry standard).

There are cases that willresult in euthanasia. Our vet administers a humane euthanasia following industry standards. We are committed to maintaining a high standard of public safety.

All of our pets are vaccinated against rabies, prior to adoption, ifthey are over 4 months old. We are also able to remind pet owners to keep current on their rabies vaccinations through our licensing program.

Public Relations
An animal shelter is a community resource. By engaging with community residents, everyone benefits. While our officers are patrolling to help anyone in need, they are also building connections to the community. As we learn more about the City of Clearlake, we will proactively participate in events to increase that engagement.

Volunteers
We have a small staff but make up for it with over 60 active volunteers. They help us walk dogs, clean cat condos, cuddle pets, put on events, fundraise, and so much more. We couldn't do it without them!
MO HOPPERSTREET 0 PETALUMA,CA 94952 0 TAXID824614529
Item #7.4.

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Marketing Plan
We use social media (Facebook and Instagram) and Craigs List to proactively return animals to their owners. We post about lost animals and research found animal posts, trying to reunite these pets.

Website Capabilities:
0 Newsletters
o Photos posted of Calistoga strays
- Dog license processing
o Event announcements
A Compassionate Staff
Every member of our staff keeps the animals’ best interest at the forefront while delivering excellent customer service to the public. We maintain this attitude through acollaborative communication style, continued training and education and by recruiting the best in this field.

Customers
Animal Control willserve all citizens of Calistoga - pet owners as well as those affected by pets. Our facility in Petaluma is available to house pets and is available to redeem, adopt and license pets.

Pricing
Pricing is set by the Calistoga City Council — Calistoga Fee Schedule Loca?on
Petaluma Animal Shelter
840 Hopper Street
Petaluma, CA 94952
Terms Agreement:

The services of North Bay Animal Services are to commence on August 15‘,2022, or an agreed upon date and be in effect for 10 years at which time the Parties shall meet and confer to evaluate the terms of the Agreement in consideration of amending and/or extending the Agreement.

IMOHOPPERSTREET 0 PETALUMA,CA 94952 0 TAXID82-4614529
Item #7.4.

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Operational Plan
One Animal Control Officers will be stationed at the Petaluma Animal Shelter to respond to calls during regular business hours. Our officers willrotate for after-hours coverage.

Patrol
Dog licensing
Educating the public on CMC- Calistoga Municipal Code
Cases, complaints and follow-up
The NBAS staff at the Petaluma Animal Shelter willsupport the Calistoga Police Department with dog licenses, consult on animal-related issues or provide assistance to police activity. NBAS management willensure that the staff maintains continued trainings (for example: CPR, sexual harassment prevention, animal care, etc). NBAS staff will also comply with officer continued training (PC 832) to stay current on weapons safety and industry standards of excellence.

Legal Environment
Business license
IRS 501 (c)3 designation and registration with the California Attorney General Kennel permit
Business and property insurance
Personnel
Executive Director
Animal Control Officer
340 HOPPERSTREET 0 PETALUMA,CA 94952 0 TAXID 82-4614629 Item #7.4.

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Management and Organization
Personnel
Mark Scott, Executive Director
Mark willoversee the daily operations. He will have direct responsibility for Animal Control functions/schedule, facilities, vehicles, adoption events, budget, finance, tax reporting, computer hardware, phones, donations, city liaison.

Markjoined Petaluma Animal Services Foundation in 2012 and quickly rose through the ranks to Senior Animal Control Officer and then to Operations Supervisor. Mark successfully staffed and maintained the Petaluma Animal Shelter and was then tasked with devising a plan to operate the Shelter Medical Department under a new proposed budget. He accomplished this by creating a relationship with a local vet while playing a pivotal role in contract negotiations. This new contract allowed animals to receive vet care five days per week, including an exam, spay or neuter, and a rabies shot. This arrangement saved animals from needless waiting and suffering.

Mark has built a solid animal control department that services the needs of the City of Petaluma, and he was also instrumental in creating a flexible animal control division for other city agencies. The Cities of Calistoga, Healdsburg and Cloverdale, along with Petaluma were all covered by Mark. In addition, Mark has a long record of successfully dealing with hostile situations and finding solutions that ensure the safety of his fellow team members, animals and the public. He has worked extensively with partner organizations, including Wine Country Animal Lovers, the Rohnert Park Animal Shelter and the Sonoma County Animal Shelter.

During the Tubbs Fire, Sonoma Count y Animal Services recruited Mark to assist with search and rescue efforts. He has also successfully set up and run disaster relief efforts, coordinating the distribution of needed supplies and working closely with the Red Cross through a mobile animal shelter. Mark specializes in applying his expertise, job knowledge, and situational awareness to create a best possible outcome.

Mark is a member of the National Animal Care &Control Association. In 2018, he was presented with Peta|uma’s Service Person of the Year Award by the Argus-Courier and Chamber of Commerce.

Gina Orseth, Animal Control Officer
Gina willrespond to animal incidents, provide dog licensing services, and provide social media material. She has been an officer in Petaluma for the last year. She excels at interacting with the public and diffusing tense situations. Before joining the team in Petaluma, Gina worked dispatch for San Francisco Animal Care and Control. 840 HOPPERSTREET 0 PETALUMA,CA 94952 0 TAXID82-4614629
Item #7.4.

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Professional and Advisory Support
Robbi Lakos, Board President
Robbi has lived in Petaluma for 17 years with her husband Greg and 4 cats. Robbi started out volunteering at the shelter in 2015 with the cats, and shortly thereafter, she took home her first foster kitten. She has been hooked ever since! Robbi continues to volunteer at the shelter most evenings and fosters both healthy and sick cats, ranging from bottle babies to senior cats who need extra attention. Robbi and Greg have fallen in love with fostering so much that they have converted their spare bedroom into a foster room. She also volunteers at Petco adoption days and other special events. During those events, Robbi enjoys educating others about the shelter and assisting with adoptions.

Steve Reid, Board Treasurer
Steve is a long-time Petaluma resident who works at the Bay Area Air Quality Management District in San Francisco and has over 20 years of experience in the environmental field. Steve also served as a founding board member at Gilead House, a transitional housing program that began in 1999 in Novato and stillserves families in need today. A life-long animal lover, Steve and his family began serving as puppy raisers for Guide Dogs for the Blind in 2008, eventually adopting the puppy they helped train after she was “career changed.” The Reid family then served as foster parents for various cats and dogs from the Petaluma Animal Shelter.

Brenda Marshall, Board Secretary
Brenda has worked as an independent court reporter for the past 32 years, while also serving as a volunteer animal advocate. Specifically, Brenda volunteered every month at the Petco spay/neuter clinics for 6 years. She began doing cat/kitten foster care in 1993 for the Rohnert Park Animal Shelter and has done foster care for the Petaluma Animal Shelter since 1995. Brenda has taken in pregnant moms, bottle babies, kittens and cats of all ages, as well as geriatric cats with days, weeks or months to live. She is experienced with giving fluids and medications for all kinds of issues and illnesse.

B40 HOPPERSTREET PETALUMA,CA 94952 TAXID824614629
Item #7.4.

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Mimi Reid, Board Member
Mimi’s work with animals began in 2008, when her family became puppy raisers for Guide Dogs forthe Blind. Through this program, Mimilearned how fulfilling the human/ canine relationship can be, and she then began volunteering at the Petaluma Animal Shelter, where she walked and trained dogs several times a week. She supports the mission of NBAS with her graphic design, photography and dog walking skills.

Advisory Board
Sheri Cardo — Public Relations/Political Advisory
Shirley Zindler -— Animal Control
Insurance Agent Bank
Leslie Dodds, Insurance Broker Summit State Bank
McDonald-Leavitt insurance Agency 100 Petaluma B'Vd3-
2800 Cleveland Ave. #0 Petaluma 08 94952
Santa Rosa, CA 95403 707433“ 120
707.284.5912 phone
840 HOPPERSTREET 0 PETALUMA,CA 94952 0 TAXID 82-4614629 Item #7.4.

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Budget Summary
Budget 2022
l3.UD.G.ET§l.JMM.ARY.REPQRT _ .,
..N‘?'"‘.'3.aV. '°f",‘.".‘.a' §.°""i.“e3..
.

Budget Summary
; Income Breakdown:

City Contract Fee $2,000.00 $24,000.00
License Fees (Est.) $103.42 $1,241.00
}Expense Breakdown: l
Admin / Social Media / Animal Medical $750.00 $9,000.00 Officer On-Call $532.29 $6,387.50
Employee Salaries / Medical (Estimated Percentage) $250004$3,000.00 Telephone / Internet / Cell $30.00 $360.00
Printing Services I $87.50 $1050.00
HR Services $25.00 $300.00
Equipment $75.00 $900.00
Fuel Cost $104.17 $1,250.00
Postage $62.50 $750.00
Accounting Fees $37.50 $450.00
Monthly YTD
Targets _“LTargets
=
Z Z,i$2,1(O3_.4"2_ l$25_,241.0Q_
$1..9§§..9€l.$z3»447.-5.0..
.-_ ,7”, 7. ,..,
__.-_. 7,7,2. s...,._._. ""2. 7
.-,7._4.... _ f.,_,.,_,_,./.-7, W,
.7
,,..,,...__,,, ,.,.,_,,,_,, _.,. .. _..- ,-,.,_,,,, . _....W,_,,,,_,,,, .-. ...__.,i,,..,.... . __. W," damage}t$‘:i=’r'é22réhE;i%.$"2222 $2’i24é.2{é11§ 1113$i?eé.'6611 **Note
Employee salaries and medical are calculated at a percentage rate.

Animal care and medical expenses are included in these rates. 840 HOPPERSTREET PETALUMA,CA 94952 TAXID82-4614629
Item #7.4.

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Animal Control Officer Training Requirements
PC 832 Arrest Certification (40-Hours)
This course fulfillsthe requirements of Section 832 of the Penal Code as mandated by the California Commission on Peace Officer Standards and Training (POST).

Topics Include:
o Leadership
Professionalism & Ethics
Criminal Justice System
Policing in the Community
Introduction to Criminal
Law Laws of Arrest
Search and Seizure
Presentation of Evidence
Investigative Report Writing
Use of Force*
Preliminary Investigation
Arrest Methods/Defensive Tactics
Crimes Against the Justice System
Cultural Diversity/Discrimination
Animal Control Officers that successfully pass the PC 832 Course then receive 12 weeks of on-the-job training at NBAS.

PC 832 Firearms Certification, (24-Hours) 450 Rounds
This course fulfillsthe requirements of Section 832 of the Penal Code as mandated by the California Commission on Peace Officer Standards and Training (POST) for agencies authorizing the use of firearms.

Firearm Topics Include:

Care and maintenance
Function
Safety
Shooting positions
Fundamentals
An accuracy test is required for successful course completion.

A criminal history check is required by state law (13511.5 PC) for non-law enforcement agency personnel. Information provided upon class reservation. 840 HOPPEFISTREET 0 PETALUMA,CA 94952 0 TAXID 82-4614629 Item #7.4.

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SCOPE OF SERVICES
Animal Regulation Services: Contractor willprovide in-field animal control services within the City boundaries. Field services willinclude, but are not limited to: response to requests for service from the Calistoga Police Department, citizen complaints, dog license compliance, barking dogs, dangerous or vicious animals and bite investigations.

More specifically, the contractor's duties will include, but are not limited to the following:

Regular Animal Control Service Hours: Animal control hours willbe Tuesday through Saturday, 9:00 a.m. to 6:00 p.m., excluding City recognized holidays. Animal-related complaints received by the City or the police department outside of regular animal control service hours will be forwarded to the contractor for follow-up.

Response Time During Regular Service Hours: Contractor will provide in-field response to animal medical emergencies and other emergencies involving danger to humans within (60) minutes or less during regular service hours. Contractor willrespond to non-emergency animal control issues within (24) hours of being notified during regular service hours.

Animal Control Officer: Contractor shall employ as Animal Control Officers only those certified under Penal Code section 832. Contractor willmaintain all training records.

Animal Control Officers willqualify with the use of their approved firearms on a quarterly basis. The use of firearms is limited to field euthanasia of animals. lmpoundment: Contractor shall impound all animals picked up at large and collect such impound fees as may be established from time to time by resolution of the City Council.

All animals suspected to be rabid and/or that have bitten a person or other animal shall be impounded and handled as prescribed in Chapter 6.04 of the Calistoga Municipal Code.

Return of Impounded Animals: Contractor shall return any lost/stray animal (impounded by field personnel) to the rightful owner in the field, when possible and subject to the payment of impound fees.

Calls for Service Routing: Contractor willhandle and dispatch all calls for service received for appropriate animal related services during the normal business hours of the shelter. After hours calls for service willbe forwarded to the on-call Animal Control Officer.

Animal Bites: Contractor willinvestigate reported bites by animals. Contractor shall respond in person to all reported bites by dogs or suspect rabid or wild animals. As part of this response, Contractor shall contact and interview the bite victim(s) (or the victim's parent(s) or guardian(s) in the case of a minor) as part of the bite investigation procedure. Bite reports shall indicate who reported the bite incident to the City.

Contractor will also provide the police department with a copy of all animal bite reports within one (1) week of occurrence. CPD shall investigate and assist as necessary. 840 HOPPERSTREET PETALUMA,CA 94952 TAXll) B2-4614529
Item #7.4.

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Nuisance Animal Complaints: Contractor willrespond to and process nuisance animal complaints.

Dead Animals: Contractor will accept from the City for disposal, pursuant to established policy, the remains of domestic and small wild animals. The remains of large livestock, such as horses, bovines or sheep, or large wild or native animals are excluded from this responsibility. Contractor willaccept and pick up the remains of deer.

Livestock: Contractor's services with respect to livestock are limited to placing the animal back into a corral, if possible, and issuing a citation to the owner. Allother matters willbe relayed to CPD or other appropriate entity depending on the circumstances.

Trapping: Contractor shall assist City residents in removal of domestic or wild Animals from privately owned traps within twenty four (24) hours of being so notified. Contractor may charge a fee if an Animal Control Officer is required to pick-up a trapped animal.

Depending on trap availability, assist City residents in setting of trapping and removal, of domestic and wild Animals from public and private property within seven (7) days, as allowed by law.

Licenses for Dogs: Contractor shall provide full dog licensing services, including license enforcement activity. Contractor shall charge fees and costs, remit monies, and maintain records with regards to animals received by it under the terms of the Agreement and consistent with the provisions of the Calistoga Municipal Code relating to fees and charges. Such fees and charges will be retained by Contractor.

Issuance of Warnings and Citations: Contractor will enforce all appropriate animal control and care related provisions of the Calistoga Municipal Code including the issuance of warning notices or citations as necessary for violations of the provisions the Municipal Code or State law.

Criminal Prosecutions: Contractor willfon/vard any criminal investigation cases in which prosecutions are sought through the CPD records unit to the County District Attorney's Office or other appropriate judicial review. Contractor shall follow all established report preparation protocols and shall receive training from CPD as needed.

Administrative Hearings and Court Testimony: Contractor shall make appropriate Animal Control Officers available to attend and testify in court or administrative hearings as outlined in title 6 of the Calistoga Municipal Code or as a result of a criminal subpoena issued by a recognized court ofjustice. Costs for the appearances of Animal Control Officers in court or hearings shall be the responsibility of the contractor.

Complaints: The City and Contractor shall designate a primary and alternate contact person for the purpose of addressing complaints. All complaints received by the City that require a response from the Contractor shall be made by telephone and/or electronic mail to the designated Contact persons for the two parties. An electronic mail response willbe made by the Contractor within two (2) business days as to the resolution or 840 HOPPERSTREET PETALUMA,CA 94952 TAXID82-4614829
Item #7.4.

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ongoing response on the matter.

Enforcement Radios: Contractor will be provided two CPD patrol radios in order to make emergency requests for police assistance. Contractor shall ensure any and all employees utilizing police radios have received proper training from CPD in the use and care of the equipment. Radios shall only be issued to the Animal Control Officers and the Director.

After-Hours Animal Control: Contractor will provide "on call’’emergency response, to any situation involving animal medical emergencies or danger to humans, upon being requested by the Calistoga Police Department, within (60) minutes, during any hours outside of regular animal control service hours.

Services: Contractor shall provide fullshelter services to all persons residing within the Calistoga city limits. These services willinclude, but are not limited to: sheltering abandoned, unwanted or stray animals, adoptions, pre-adoption spays and neuters, animal licensing, and euthanasia.

Contractor shall operate and maintain a shelter facility in the city of Petaluma and will provide for the following services from 9:0Oa.m. to 6:00 p.m. Tuesday through Saturday, excluding City recognized holidays:

1. Acceptance of stray animals from the City of Calistoga

2. Spay and Neuter of all unaltered animals prior to adoption

3. Euthanasia of animals who are irremediably suffering or which pose a danger to the community.

4. Acceptance of owner surrenders for City of Calistoga residents by appointment and as space allows.
a. Whenever possible, our goal is to help pets and their owners remain together.

Understanding that pet relinquishment is not the preferred outcome, contractor will support Calistoga residents wanting to re-home their pets by first providing resources which allow the pet to remain in their home (training assistance, pet food pantry support, adoption-by-owner toolkit).

Exterior drop-off kennels willalso be available to the Calistoga Police Department at all hours.

Shelter Business Hours: Contractor willmaintain a shelter that is open to the public from 9:OOa.m. to 6:00 p.m. Tuesday through Saturday, excluding City recognized holidays. Adoption hours shall be from 1:00 p.m. through 6:00 p.m. which allows for morning feed and clean time prior to public viewing. Contractor shall receive stray animals from residents of Calistoga during business hours.

Contractor willaccept animals from the Calistoga Police Department and exterior dropoff kennels will be available to officers at all hours.

Proper Care and Treatment: The best possible care and treatment shall be given to all 840 HOPPERSTREET 0 PETALUMA,CA 94952 0 TAXID82-4614629
Item #7.4.

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animals held in possession of the contractor. Adequate food shall be provided and the shelter shall not be overpopulated. The shelter shall provide means for isolation, not permitting the public to have access or visits, of animals with police holds, quarantines, or pets held in protective custody that willnot expose other sheltered animals to risk.

The shelter shall have adequate number of dog kennels and cat cages. The animal shelter shall be maintained in a clean and sanitary condition. City staff reserves the right to enter and inspect the premises during regular business hours for the purpose of inspecting the facilities for the conditions above.

Housing ofAnimals: Contractor shall be solely responsible for the costs associated with the care and feeding of animals for any time periods beyond the minimum impoundment periods established in the Calistoga Municipal Code.

Emergency Veterinary Service Costs for Injured Sick Domestic Animals:

The Contractor willincur all cost associated with Emergency Veterinary Services.

Where and when appropriate the Contractor will billthe owner of the animal for cost associated with emergency and non-emergency animal care. All additional medical costs are at the discretion and expense of the Contractor.

Training: In the course of operating the shelter and providing animal control services, contractor shall assign personnel that are trained, qualified and authorized to administer and/or enforce all laws, rules and regulations, operate all necessary equipment, have the ability to recognize animal breeds, diseases and injuries, and shall be competent to administer first aid to animals in the field. Contractor shall ensure that each Contractor employee assigned to the City of Calistoga is trained and currently certified, or will be certified within 60 days, in accordance with state standards. Contractor will ensure that personnel maintain required certifications and maintain that status through the required continuing education credits.

Documenting of Case Files: The Contractor will maintain and update all animal control case files.

Customer Service Levels: Contractor shall assist the City in the development of a customer service survey for animal control activities. In the event that the City implements a customer service survey, the responses received on the performance of Contractor must demonstrate the Contractor is fostering and maintaining harmonious relationships with the members of City Council, employees of the City, employees of the City's contract services providers and City businesses, residents, customers and is representing the City in the best light possible to members of the public, staff, elected and appointed officials and media.

Personnel, Supplies and Equipment: The Contractor at their expense shall provide all personnel, supplies, medications and pharmaceuticals, vehicles and equipment necessary for the efficient and effective operation of Animal Field Services, including, but not limited to, Animal Control Officers
840 HOPPERSTREET 0 PETALUMA,CA 94952 0 TAXID82-4614829
Item #7.4.

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Social Media I Community Outreach
Facebook:
htt s://wvvw.facebook.com/North-Ba -Anima|-Services787377341453224/?ega=SEARCH BOX Instagram:
httgs://www.instagram.com/northbayanimalservicesl
Twitter:
httgs://twitter.com/NorthBayAnima|s
TikTok:
httgsz//www.tiktok.com/@northbayanimalservices?|anguage=en&secuid=MS4wLjABAAAA wgfOnmdD|oSTBiMJ4AkQr7sE6EF evsxHgwNDimTQ5m3BwyYo1V6DMD8tOM4C6&ucode=d9hli1h5hm6 kbi&utm camQaign=c|ient share&agg=musically&utm medium=ios&tt from=messenger&ut m source=messenger&source=h5 m
840 HOPPERSTREET 0 PETALUMA.CA 94952 0 TAXID 324614629
Item #7.4.

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Community Outreach
Welcome to our Saturday Senior Social! Are you a senior? Or just love dogs? Come on down. Every Saturday, noon-3pm, come hang out with our awesome, sweet dogs. Know a senior who loves dogs, but perhaps can no longer care for one? Bring them over, we got cuddling happening. |t’s a wind-win; our dogs love it too! s as. Kids-‘n-K9s
501(c)(3) Charity
We are very excited to offer Kids-n-K9's; this is a fun, very interactive, classroom presentation where kids learn how to stay safe around dogs. Developed and taught by Leslie Zoromski, learning these skills is so important for everyone, but especially our kids.

This program is offered at no charge. A 2020 Family Choice Award Winner! htt s://northba anima|services.or /humane-education-2-O/ Welcome to Thrifty Paws! The most amazing thrift store you'll find! And what makes it even better? All proceeds go to our shelter, to support our animals. And this is a perfect example of community; the items for sale in our thrift store are donated by our community, so this is truly a win-win-win. Make sure to check it out! 1110 Industrial Ave, Petaluma. Opening Saturday March 7”‘!
840 HOPPERSTREET 0 PETALUMII, CA 94952 0 TAXID82-4614629 Item #7.4.

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Have property? A vineyard, maybe? You know what you need? A barn cat! Or two! These are cats who don’t fit into our traditional adoption program; not people social, they fitjust fine in your barn. And they provide organic rodent control; in return, you feed them every day and look after them. They come spayed or neutered, vaccinated, microchipped, and ear tipped for identification. You are literally saving a life, too; like TNR, working cat programs are an important part of humane sheltering. There is no charge for our barn cats.

We offer TNR services for our community cats; have a feral cat in your neighborhood? We encourage our community to help us humanely manage our community cats; we provide spay or neuter, FVRCP and rabies vaccines, microchips, and ear tip for identification, then release the cat back to it’s known environment. This is a big component of modern sheltering, and saves the lives of countless cats.
84!) HOPPERSTREET PETALUMA,CA 94952 TAXID 82-4614629
Item #7.4.

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ll;'il
Senior Care For Cats in Need
The Stripey Fund was developed to help low income cat owners with medical costs; often even just a little intervention can keep a pet in their home. Senior cat owners on fixed incomes, families who need a helping hand during hard times, we want to keep your kitties in your homes. Funded by donations. https://northbayanimalservices.org/stripey-fund/

LOW-COST
.S’pa;;&’72eut%
CLINIC

NORTHBAY
ANIMALSERVICES We offer low cost spay and neuter services to our community; patients are also vaccinated if needed, and microchipped. We believe this is a very important part of humane services. htt s://northba anima|services.or /s a -and-neuter-c|inics/ Misha Dante was created to provide financial assistance to families who need help providing their dogs’ veterinary care; we want to keep these dogs in their homes with their families where they belong. Fixed income? Suffering a financial hardship? Misha Dante is there to support you. https://northbayanimalservices.org/misha-dante-fund/ 840 HOPPERSTREET 0 PETALUMA,CA 94952 0 TAXID 82-4614629 Item #7.4.

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15 1
‘V’
-‘tr ....-. Have kids? Kids who love cats? Kids who love cats have a birthday coming up? We've got a great idea- how about having your kids party in our cat cafe? We'll help you set up, provide chairs and tables, and of course, cats! Kids love it!lt’s super fun. What kid wou|dn’t want to party in a cat café? Ask us about it
I =5 w,u_
4334 Emergency boarding can be arranged when life throws you a curve. Maybe you're recovering from an accident. Have to leave suddenly for a few days for family emergency.

Need a place for your pup or cat and no other alternative? Call us. We could help! |t’s all about community, and keeping families together.

Chunk, the drain‘3;.
tspelunkingca.
-.5.

Animal rescue- our officers are amazing in so many ways; animal rescue is just one.

Whether it's a cat who’s been stuck in a drain for 6 days, a skunk who fell in a swimming pool, a dog who’s leg became trapped in a gap in a cement pad and needed extrication, or a hawk caught in a wire fence, we’re there to help you. 24-7. 840 HOPPERSTREET 0 PETALUMA,CA 94952 0 TAXID82-4614529
Item #7.4.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Mitch Celaya, Chief
Meeting: City Council - Jun 07 2022
Subject: Second Reading and Adoption of Ordinance No. 756 “Acquisition and Use of Military Equipment”
DESCRIPTION:

California State Assembly Bill (AB) 481 requires the governing body of a city to approve the police department’s “Military Equipment” Policy on the guidelines and procedures relating to the approval, funding, possession, use, and reporting of military equipment defined in Government Code section 7070 even in communities such as Calistoga that have no Military Equipment. Approval of defined military equipment shall be by ordinance by the city council.

RECOMMENDATION:

Consider adopting Ordinance 756 approving the adoption of CPD’s “Military Equipment” Lexipol Policy 707 and the addition of City of Calistoga Municipal Code section 2.14.070 requiring CPD’s conformance with AB481.

BACKGROUND/SUMMARY:

On May 17, 2022, the City Council introduced and waived the first reading of the attached Ordinance.

On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill (AB) 481, relating to the use of military equipment by law enforcement agencies. AB481 was codified via California Government Code sections 7070 through 7075 (see attached AB481 Legislative text), requiring law enforcement agencies to obtain approval of the applicable governing body (city council) prior to taking certain actions relating to the funding, acquisition, solicitation, or use of military equipment. AB481 requires the city council to approve by an ordinance adopting a “Military Equipment” use policy (see attached CPD Lexipol Policy 707), at a regular meeting pursuant to open meeting laws. AB481 requires the city council to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations with respect to a military equipment use policy.

The attached proposed “Military Equipment” policy complies with the requirements of AB481. The proposed policy was published on the City’s website and publicized via a Community Advisory Nixle message at least 30 days prior to presenting the proposed Policy to the City Council.

Per the proposed “Military Equipment” policy and in conformance with AB481, the approval by the city council must occur prior to engaging in the following:
(a) Requesting military equipment made available pursuant to 10 USC § 2576a, also known as the Military Surplus Program via the Department of Defense (“1033 Program”).

Item #7.5.

(b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting, or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above.

The “Military Equipment” Policy establishes a Military Equipment Coordinator to ensure CPD’s conformance with AB481. This includes the following:
(a) Act as liaison to the governing body for matters related to the requirements of the “Military Equipment” policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually, before May 1st of each year.
(d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Calistoga Police Department (Government Code § 7071. (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment(Government Code § 7072). and ensuring that the report is made available on the department website.
(f) Preparing the annual military equipment report for submission to the Chief of Police (g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.

It is important to note that currently, the Calistoga Police Department does not use, possess, or allocate funds for Military Equipment defined in Government Code Section 7070 (c) or currently participates in the US Department of Defense 1033 program.

Attached is the proposed amendment to City of Calistoga Municipal Code Chapter 2.14, “Police Department” within Title 2 - “Council, Administration, and Personnel”, adding section 2.14.070 - “Acquisition, Possession, Use, and Reporting of Military Equipment”.

This ordinance to read in its entirety as follows:
“2.14.070 Acquisition, Possession, Use, and Reporting of Military Equipment.

In conformance with the requirements of Government Code sections 7070, 7071, and 7072, the Chief of Police will develop a policy for the approval, acquisition, and reporting requirements of military equipment.

Item #7.5.

This policy shall be approved by the City Council pursuant to Government Code section 7071. The military equipment policy will minimally provide guidance for the following:

A) Approval by City Council for any purchase, acquisition, or allocation of any funds for Military Equipment defined in Government Code section 7070.

B) Maintaining a list of equipment qualifying as Military Equipment defined in Government Code section 7070(c).

C) Submission of an Annual Report to the City Council for each type of military equipment approved within one year of approval for renewal of approval and annually to occur before May 1stof each subsequent year for as long as the military equipment is available for use per Government Code section 7072.

D) Hold at least one well-publicized community engagement meeting within 30 days of submitting and publicly releasing the annual report. The purpose of the public hearing is to allow for public questions regarding the funding, acquisition, and use of military equipment.” This amendment to the Municipal Code codifies the requirement and importance of CPD to establish a “Military Equipment” use policy as required by AB481.

CEQA STATUS:

Not Applicable
FINANCIAL IMPACT:

None
ATTACHMENT(S):

CPD AB481 Ordinance 756 2.14.070 Military Equipment and Policy 050522 CPD Military Equipment Policy 707 050522
AB 481 Legislative Text
APPROVAL(S):

Gloria Leon, Administrative Services Director Approved - May 31 2022 Laura Snideman, City Manager Approved - May 31 2022
Marni Rittburg, City Clerk Approved - May 31 2022
Item #7.5.

OAK #4872-4716-3929 v3
ORDINANCE NO. 756

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALISTOGA ADDING SECTION 2.14.070, “ACQUISITION AND USE OF MILITARY EQUIPMENT” WITHIN CHAPTER 2.14, “POLICE DEPARTMENT” OF TITLE 2 OF THE CALISTOGA

MUNICIPAL CODE
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies; and
WHEREAS, Assembly Bill 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body prior to taking certain actions relating to the funding, acquisition, solicitation, or use of military equipment; and WHEREAS, Assembly Bill 481, requires that the approval by the governing body be by an ordinance adopting a military equipment use policy, at a regular meeting held pursuant to open meeting laws; and
WHEREAS, Assembly Bill 481 allows the governing body of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations with respect to a military equipment use policy; and WHEREAS, a draft of the Calistoga Police Department Policy 707 “Military Equipment” was published on the Department’s internet website, and provided to the City Council at least 30 days prior to public hearing in accordance with requirements of Government Code section 7071; and
WHEREAS, the Calistoga Police Department’s Lexipol Policy 707 “Military Equipment” meets the requirements of California Government Code section 7070, subdivision (d); and
WHEREAS, the Calistoga Police Department currently does not does not use, possess, or has allocated funds for military equipment as defined in Government Code section 7070(c); and
WHEREAS, Policy 707 “Military Equipment” will safeguard the public’s welfare, safety, civil rights, and civil liberties should the Calistoga Police Department request the procurement, use, or allocation of funds to acquire “Military Equipment”; and WHEREAS, no prior military use policy has existed in the City of Calistoga that was applicable to the use of military equipment, and the adoption of such policy shall serve to secure future compliance.

Item #7.5.

OAK #4872-4716-3929 v3

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES ORDAIN AS FOLLOWS:

Section 1. Recitals. The City Council of the City of Calistoga does hereby find the above referenced recitals are true and correct and material to the adoption of this Ordinance.

Section 2. Purpose and Authority. The purpose of this Ordinance is to amend the regulations pertaining to the police department’s approval, acquisition, and reporting requirements of military equipment required AB 481, signed into law on September 30, 2021.

Section 3. Amendment to Municipal Code. Section 2.14.070, “Acquisition, Possession, Use, and Reporting of Military Equipment” of Chapter 2.14, “Police Department” within Title 2, “Council, Administration, and Personnel” is amended to read in its entirety as follows:
“2.14.070 Acquisition, Possession, Use, and Reporting of Military Equipment.

In conformance with the requirements of Government Code sections 7070, 7071, and 7072, the Chief of Police will develop a policy for the approval, acquisition, and reporting requirements of military equipment. This policy shall be approved by the City Council pursuant to Government Code section 7071. The military equipment policy will minimally provide guidance for the following:

A) Approval by City Council for any purchase, acquisition, or allocation of any funds for Military Equipment defined in Government Code section 7070.

B) Maintaining a list of equipment qualifying as Military Equipment defined in Government Code section 7070(c).

C) Submission of an Annual Report to the City Council for each type of military equipment approved within one year of approval for renewal of approval and annually to occur before May 1st of each subsequent year for as long as the military equipment is available for use per Government Code section 7072; and
D) Hold at least one well-publicized community engagement meeting within 30 days of submitting and publicly releasing the annual report. The purpose of the public hearing is to allow for public questions regarding the funding, acquisition, and use of military equipment.”
Section 4. Approval of Military Equipment Policy. The City Council hereby adopts and approves the Calistoga Police Department Policy 707 “Military Equipment” as set forth in Exhibit A attached hereto.

Item #7.5.

OAK #4872-4716-3929 v3
Section 5. Environmental Determination. The City Council finds that adoption of this ordinance and Calistoga Police Department Policy 707 are exempt from the provisions of the California Environmental Quality Act (“CEQA”) because they will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as defined in Section 15378 of the CEQA Guidelines.

Section 6. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentence, clauses or phrases be declared unconstitutional.

Section 7. Publication. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance by the City Council of the City of Calistoga, California, and cause the same to be published in accordance with State Law.

Section 8. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its adoption and shall be published and posted as required by law.

THIS ORDIANCE was introduced with the first reading waived at the City of Calistoga, California City Council meeting of the 17th of May 2022, and passed and adopted at a regular meeting of the Calistoga City Council on the ____day of __________, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

CITY OF CALISTOGA
By:

Chris Canning, Mayor
ATTEST:

Marni Rittburg, City Clerk
APPROVED AS TO FORM:

Michelle M. Kenyon, City Attorney
Item #7.5.

Calistoga Police Department
Calistoga PD Policy Manual
Military Equipment
707.1 PURPOSE AND SCOPE
State
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
’/07.1.1 DEFINITIONS
State
Definitions related to this policy include (Government Code § 7070):

Governing body — The elected or appointed body that oversees the Department.

Military equipment — Includes but is not limited to the following:
- Unmanned, remotely piloted, powered aerial or ground vehicles. - Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. - High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. - Tracked armored vehicles that provide ballistic protection to their occupants. - Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. - Weaponized aircraft, vessels, or vehicles of any kind. - Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
- Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
- Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
- Any firearm or firearm accessory that is designed to launch explosive projectiles. - Noise—flashdiversionary devices and explosive breaching tools. - Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
- TASER® Shockwave, microwave weapons, water cannons, and |ong—range acoustic devices (LRADs).
- Kinetic energy weapons and munitions.
- Any other equipment as determined by a governing body or a state agency to require additional oversight.

Copyright Lexipol, LLC 2022/O4/06, All Rights Reserved. *s\-* *-k* Mime E U] ment _ 1 Published with permission by Calistoga Police Department ry q p
Item #7.5.

Calistoga Police Department
Calistoga PD Policy Manual
Military Equipment
707.2 POLICY
State
It is the policy of the Calistoga Police Department that members ofthis department comply with the provisions of Government Code § 7071 with respect to military equipment. 707.3 MILITARYEQUIPMENT COORDINATOR
Best Practice
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(8)
(f)
(9)
Acting as liaison to the governing body for matters related to the requirements of this policy.

Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.

Conducting an inventory of all military equipment at least annually.

Collaborating with any allied agency that may use military equipment within the jurisdiction of Calistoga Police Department (Government Code § 7071).

Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the departments funding, acquisition, and use of equipment.

Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).

Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department willrespond in a timely manner.
707.4 MILITARY EQUIPMENT INVENTORY
State imooiisisoti
The
Equ
Calistoga Police Department does not currently use, possess, or allocate funds for Military 'pment defined in Government Code section 7070 (c) or currently participates in the US Department of Defense 1033 program.

Copyright Lexipol, LLC 2022/04/06, All Rights Reserved. ***DRAFT*** Military Equipment — 2 Published with permission by Calistoga Police Department Item #7.5.

Calistoga Police Department
Calistoga PD Policy Manual
Military Equipment
707.5 APPROVAL
E
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, orfederal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 707.6 COORDINATION WITHOTHER JURISDICTIONS
State M_0:,D|FJ,ED‘
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with Government Code section 7071, and authorized under that law enforcement agency's policies on the use of their military equipment.

Law enforcement agencies responding to this jurisdiction that conduct any enforcement, investigation, or as mutual aid upon request of the Calistoga Police Department shall adhere to their approved policy as approved by their governing body in accordance with Government Code section 7072.
707.7 ANNUAL REPORT
State Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafterfor as long as the military equipment Copyright Lexipol, LLC 2022/04/06, All Rights Reserved. ~k*~k *~k* Mjjjta E uj ment - 3 Published with permission by Calistoga Police Department ry q p
Item #7.5.

Calistoga Police Department
Calistoga PD Policy Manual
Military Equipment
is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 707.8 COMMUNITY ENGAGEMENT
State
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regardingthe funding, acquisition, or use of military equipment.
707.9 POLICY COMPLIANCE
Government Code section 7070 requires that this policy specify the mechanisms to be used by the Department to ensure compliance with this policy. Complaints regarding violations of this policy are subject to investigation and discipline in accordance with Policy 1020, and other policies of the Department related to officer discipline. 707.10 PUBLIC COMPLAINTS, QUESTIONS, AND INVESTIGATION
Government Code section 7070 requires that this policy specify the procedures by which members of the public may register complaints, submit questions about the use of each specific type of military equipment subject to this policy, and procedures by which the Department will respond to such matters.

Pursuant to California Government Code §7070(d)(7), members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment in this policy by any of the following means:

1. Via email to the Chief of Police

2. Via phone call to: (707) 942-2810

3. Via mail sent to: Calistoga Police Department
Attn: MilitaryEquipment Use Coordinator
1235 Washington Street, Calistoga CA 94515
The Department is committed to responding to complaints, concerns and/or questions received through any of the above methods in a timely manner. Complaints regarding violations of this policy are subject to investigation and discipline in accordance with Policy 1020, and other policies of the Department related to officer discipline.

Copyright Lexipol, LLC 2022/O4/O6, All Rights Reserved. ~k** :k** I Mmtar E U] ment _ 4
Published with permission by Calistoga Police Department y q p
Item #7.5.

Assembly Bill No. 481
CHAPTER 406
An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment. [Approved by Governor September 30, 2021. Filed with
Secretary of State September 30, 2021.]
legislative counsel’s digest
AB 481, Chiu. Law enforcement and state agencies: military equipment:
funding, acquisition, and use.

Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessary to the execution of its powers and duties as the state agency for the distribution of federal personal surplus property, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delivery of purchases before payment, or which prevents the local agency from bidding on federal surplus property.

Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency.

This bill would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the military equipment does not comply with the abovedescribed standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing 92 STATE OF CALIFORNIA

AUTHENTICATED

ELECTRONIC LEGAL MATERIAL
Item #7.5.

Ch. 406 — 2 —
additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agency’s internet website, and provide a copy of the policy to the Governor or the Governor’s designee, as specified. The bill would also require a state agency that seeks to continue use of military equipment acquired prior to January 1, 2022, to create a military equipment use policy.

This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

By adding to the duties of local officials with respect to the funding, acquisition, and use of military equipment, this bill would impose a statemandated local program.

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

The people of the State of California do enact as follows:

SECTION 1. The Legislature finds and declares all of the following:
(a) The acquisition of military equipment and its deployment in our communities adversely impacts the public’s safety and welfare, including increased risk of civilian deaths, significant risks to civil rights, civil liberties, and physical and psychological well-being, and incurment of significant financial costs. Military equipment is more frequently deployed in lowincome Black and Brown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities.
(b) The public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment.
(c) Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input.
92 Item #7.5.

— 3 — Ch. 406
(d) Legally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.
(e) The lack of a public forum to discuss the acquisition of military equipment jeopardizes the relationship police have with the community, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service.

SEC. 2. Chapter 12.8 (commencing with Section 7070) is added to Division 7 of Title 1 of the Government Code, to read:

Chapter 12.8. Funding, Acquisition, and Use of Military Equipment
7070. For purposes of this chapter, the following definitions shall apply:
(a) “Governing body” means the elected body that oversees a law enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a law enforcement agency of a county, including a sheriff’s department or a district attorney’s office, “governing body” means the board of supervisors of the county.
(b) “Law enforcement agency” means any of the following:
(1) A police department, including the police department of a transit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges. (2) A sheriff’s department.
(3) A district attorney’s office.
(4) A county probation department.
(c) “Military equipment” means the following:
(1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
(3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
(4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. (5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. (6) Weaponized aircraft, vessels, or vehicles of any kind. (7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, 92 Item #7.5.

Ch. 406 — 4 —
or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
(8) Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
(9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision. (10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. (11) Any firearm or firearm accessory that is designed to launch explosive projectiles.
(12) “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.
(13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
(14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
(15) Any other equipment as determined by a governing body or a state agency to require additional oversight.
(16) Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
(d) “Military equipment use policy” means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
(1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
(2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment. (3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
(4) The legal and procedural rules that govern each authorized use. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
(6) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight 92 Item #7.5.

— 5 — Ch. 406
authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
(7) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
(e) “State agency” means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution. (f) “Type” means each item that shares the same manufacturer model number.
7071. (a) (1) A law enforcement agency shall obtain approval of the governing body, by an ordinance adopting a military equipment use policy at a regular meeting of the governing body held pursuant to the BagleyKeene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:
(A) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(B) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (C) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(D) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(E) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(F) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment. (G) Acquiring military equipment through any means not provided by this paragraph.
(2) No later than May 1, 2022, a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall commence a governing body approval process in accordance with this section. If the governing body does not approve the continuing use of military equipment, including by adoption pursuant to this subdivision of a military equipment use policy submitted pursuant to subdivision (b), within 180 days of submission of the proposed military equipment use policy to the governing body, the law enforcement agency shall cease its use of 92 Item #7.5.

Ch. 406 — 6 —
the military equipment until it receives the approval of the governing body in accordance with this section.
(b) In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed military equipment use policy to the governing body and make those documents available on the law enforcement agency’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue. (c) The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(d) (1) The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (B) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. (C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
(D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. (2) In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use.
(e) (1) The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to renew the ordinance at a regular meeting held pursuant to the BagleyKeene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(2) The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the standards for approval set forth in subdivision (d). If the governing body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications 92 Item #7.5.

— 7 — Ch. 406
to the military equipment use policy in a manner that will resolve the lack of compliance.
(f) Notwithstanding subdivisions (a) to (e), inclusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a military equipment use policy based on local community needs.
7072. (a) A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1) A summary of how the military equipment was used and the purpose of its use.
(2) A summary of any complaints or concerns received concerning the military equipment.
(3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
(5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
(b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment. 7073. (a) A state agency shall create a military equipment use policy prior to engaging in any of the following:
(1) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(2) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (3) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
92 Item #7.5.

Ch. 406 — 8 —
(4) Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(5) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment. (7) Acquiring military equipment through any means not provided by this subdivision.
(b) No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a military equipment use policy.
(c) A state agency that is required to create a military equipment use policy pursuant to this section shall do both of the following within 180 days of completing the policy:
(1) Publish the military equipment use policy on the agency’s internet website.
(2) Provide a copy of the military equipment use policy to the Governor or the Governor’s designee.
7074. The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city, county, or city and county. 7075. Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

Requiring local agencies to hold public meetings prior to the acquisition of military equipment further exposes that activity to public scrutiny and enhances public access to information concerning the conduct of the people’s business.

SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would 92 Item #7.5.

— 9 — Ch. 406
result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.

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92 Item #7.5.

Marni Rittburg
From:

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Subject
mike mckay
Sunday, May 22, 2022 10:38 PM
Public Comment
military weapons
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I feel like no one hears me when I ask What do we need crowd control weapons?" What do you plan on doing to the citizens? Weapons that are not needed for anything but to control and hurt citizens in the hands of untrained officers.

This is unexceptable!
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Ifeel like no one hears me when I ask What do we need crowd control weapons?" What do you plan on doing to the citizens? Weapons that are not needed for anything but to control and hurt citizens in the hands of untrained of?cers.

Thisis unexcehptable!
Item #7.5.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Marni Rittburg, City Clerk
Meeting: City Council - Jun 07 2022
Subject: Affirm Resolution No. 2021-071 to Conduct Teleconferenced Public Meetings Pursuant to Assembly Bill 361 (AB 361)
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/SUMMARY:

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.

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 Item #7.6.

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 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.

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.

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

Staff is continuing 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.

CEQA STATUS:

The proposed Resolution is exempt from environmental review under the California Environmental Quality Act, Public Resource's Code section 21000 et seq. ("CEQA") pursuant to CEQA Guidelines Section 15061(b)(3) as it can be seen with certainty that the project has no potential for causing a significant effect on the environment.

Item #7.6.

FINANCIAL IMPACT:

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

ATTACHMENT(S):

Attach 1 - Reso 2021-071 AB 361 Teleconferenced Public Meetings APPROVAL(S):

Gloria Leon, Administrative Services Director Approved - May 31 2022 Laura Snideman, City Manager Approved - May 31 2022
Marni Rittburg, City Clerk Approved - May 31 2022
Item #7.6.

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 COVID-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
Attachment 1Item #7.6.

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 at the 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 #7.6.

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
~~
Item #7.6.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Gloria Leon, Administrative Services Director
Meeting: City Council - Jun 07 2022
Subject: Establishing an Assistant City Manager position and Salary Range DESCRIPTION:

Consider adopting a Resolution establishing an Assistant City Manager position within the City Manager Department and a salary schedule
RECOMMENDATION:

Adopt the Resolution
BACKGROUND/SUMMARY:

This implements City Council direction from the April 5 city council meeting by considering a resolution establishing an Assistant City Manager position within the City Manager Department and placing the position within the existing salary structure consistent with the 2021 Koff Compensation Study.

On April 5, 2022 the City Council considered the city staffing structure as described by the City Manager. It was noted, over time, both the City Council and the community expectations of the city’s breadth of services, service levels, and the quality of services have been increasing. Moreover, the demand for some services, has significantly increased in the recent past. Calistoga must also react to various state mandates and requirements that often require a significant time investment from staff, especially in reporting requirements.

In response to this variety of pressures, the city’s organization has been growing over the past five years, primarily in public safety and recreation. However, the growth has occurred unevenly. When we endeavor to deliver more services, increase levels of service, and/or offer higher quality services, we need sufficient staff to provide these services. As staff was added to endeavor to meet some service expectations, we did not have a corresponding increase in staff to support the changing and growing organization. As just one example, when we have more public safety and recreation staff, the internal workload for hiring, training, paying, and evaluating staff also increases. Some of our current staffing challenges are also a result of Covid. In response to concerns regarding the possible devastating economic consequences of Covid, a very conservative budget approach was wisely taken affecting both staffing and budget estimates over the past two years, stalling any “right-sizing” of the organization.

As a result, the city is under-resourced. The City’s “organizational infrastructure” has become very fragile. Additional staff, particularly in administration, are needed to take care of many operational basics. Staff is needed who can be flexibly assigned to a variety of needs as the council’s priorities change and as new projects come up.

Item #7.7.

The City Manager is currently staffed with a City Clerk. The City Manager proposed in her April 5, 2022 staff report that an Assistant City Manager was needed to provide support for a wide array of council initiatives and special projects and provide general oversite of HR, IT, and City Clerk functions.

This action formally establishes the position and sets the salary range within the existing department director range as previously determined by the Koff compensation survey instead of conducting a separate, new survey specifically for this position.

CEQA STATUS:

This item is not subject to CEQA requirements.

FINANCIAL IMPACT:

Staff is recommending the Assistant City Manager job classification be placed in the same ranges as all department directors at Salary Range 50 to 63, $134,650 – $225,081. This position will be classified as “exempt” and fall under the Unrepresented Group for the purposes of benefits. The position will be budgeted in the Fiscal Year 2022-23 Budget.

ATTACHMENT(S):

Attach 1 Reso Assistant City Manager
Exhibit A Unrep Salary Schedule Revised June 7 2022
APPROVAL(S):

Gloria Leon, Administrative Services Director Approved - May 31 2022 Laura Snideman, City Manager Approved - May 31 2022
Marni Rittburg, City Clerk Approved - May 31 2022
Item #7.7.

Attachment 1
RESOLUTION NO. 2022-XXX

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

NAPA, STATE OF CALIFORNIA ESTABLISHING AN ASSISTANT CITY MANAGER

POSITION WITHIN THE CITY MANAGER DEPARTMENT AND A SALARY SCHEDULE IN ACCORDANCE WITH THE 2021 KOFF COMPENSATION STUDY
WHEREAS, the City Council has reviewed and considered the recommendations of the City Manager for establishing an Assistant City Manager position within the City Manager Department at its June 7, 2022, regular meeting; and
WHEREAS the City is currently under-resourced. The City’s “organizational infrastructure” has become very fragile. Additional staff, particularly in administration, is needed to take care of many operational basics. Staff is needed who can be flexibly assigned to a variety of needs as the council’s priorities change and as new projects come up; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Calistoga hereby establishes the Assistant City Manager position within the City Manager Department.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Calistoga hereby establishes this position at Ranges 50 to 63 within the adopted Salary Schedule of the City of Calistoga as set forth as Exhibit A to this resolution.

PASSED, APPROVED AND ADOPTED this 7th day of June 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 #7.7.

Applicable Group
Effective Date(s) and Changes
Dates 7/1/2009 1/1/2013 1/1/2014 1/1/2015 1/1/2016 1/1/2017 1/1/2018 1/1/2019 1/1/2020 1/1/2021 1/1/2022 What
Percentage 2.40% 2.00% 1.00% 3.00% 3.00% 3.00% 3.00% 3.00% 3.00% 3.00% 5.00% Type FLSA Range
Administrative Services Director Mgmt Exempt 50-63
Assistant City Manager Mgmt Exempt 50-63
Associate Civil Engineer Mid-Mgmt Exempt 37
Building Official Mid-Mgmt Exempt 43
City Clerk Mid-Mgmt Exempt 40 Resolutio
Code Enforcement Mid-Mgmt Non-Exempt 25
Deputy City Clerk Mid-Mgmt Exempt 31
Deputy Public Works Director Mgmt Exempt 47 Resolutio
Executive Assistant to City Manager Mid-Mgmt Non-Exempt 20 Fire Chief Mgmt Exempt 50-63
Human Resources/Finance Specialist Mid-Mgmt Non-Exempt 29 Lieutenant Mid-Mgmt Exempt 49
Maintenance Superintendent Mid-Mgmt Exempt 38
Planning and Building Director Mgmt Exempt 50-63
Police Chief Mgmt Exempt 50-63
Police Lieutenant Mid-Mgmt Exempt 49
Public Works Director/City Engineer Mgmt Exempt 50-63
Recreation Director Mgmt Exempt 50-63
Senior Civil Engineer Mid-Mgmt Exempt 41
Senior Planner Mid-Mgmt Exempt 39
Senior Planner/Assistant to City Manager Mid-Mgmt Exempt 43 Utility Systems Superintendent Mid-Mgmt Exempt 40
Step 1 Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 Step 5 20 5,397 5,667 5,951 6,248 6,561 64,769 68,007 71,408 74,978 78,727 21 5,529 5,806 6,096 6,401 6,721 66,349 69,667 73,150 76,807 80,648 22 5,667 5,951 6,248 6,561 6,889 68,008 71,408 74,979 78,728 82,664 23 5,806 6,096 6,401 6,721 7,057 69,666 73,149 76,807 80,647 84,680 24 5,951 6,248 6,561 6,889 7,233 71,408 74,978 78,727 82,663 86,797 25 6,096 6,401 6,721 7,057 7,410 73,150 76,808 80,648 84,680 88,914 26 6,248 6,561 6,889 7,233 7,595 74,979 78,728 82,664 86,797 91,137 27 6,401 6,721 7,057 7,409 7,780 76,806 80,646 84,679 88,913 93,358 28 6,561 6,889 7,233 7,595 7,974 78,726 82,663 86,796 91,136 95,692 29 6,721 7,057 7,409 7,780 8,169 80,646 84,679 88,913 93,358 98,026 30 6,889 7,233 7,595 7,974 8,373 82,663 86,796 91,136 95,692 100,477 31 7,057 7,409 7,780 8,169 8,577 84,679 88,913 93,358 98,026 102,928 32 7,233 7,595 7,974 8,373 8,792 86,796 91,136 95,692 100,477 105,501 33 7,409 7,780 8,169 8,577 9,006 88,913 93,358 98,026 102,928 108,074 34 7,595 7,974 8,373 8,792 9,231 91,135 95,692 100,477 105,501 110,776 35 7,780 8,169 8,577 9,006 9,457 93,359 98,027 102,929 108,075 113,479 36 7,974 8,373 8,792 9,231 9,693 95,693 100,478 105,502 110,777 116,316 37 8,169 8,577 9,006 9,457 9,929 98,028 102,929 108,076 113,480 119,154 38 8,373 8,792 9,231 9,693 10,178 100,479 105,503 110,778 116,317 122,133 39 8,577 9,006 9,457 9,929 10,426 102,928 108,075 113,479 119,153 125,110 40 8,792 9,231 9,693 10,178 10,686 105,502 110,777 116,316 122,131 128,238 41 9,006 9,457 9,929 10,426 10,947 108,075 113,479 119,153 125,110 131,366 42 9,231 9,693 10,178 10,686 11,221 110,777 116,316 122,131 128,238 134,650 43 9,457 9,929 10,426 10,947 11,494 113,479 119,153 125,110 131,366 137,934 44 9,693 10,178 10,686 11,221 11,782 116,316 122,131 128,238 134,650 141,382 45 9,929 10,426 10,947 11,494 12,069 119,152 125,110 131,366 137,934 144,831 46 10,178 10,686 11,221 11,782 12,371 122,131 128,238 134,650 141,382 148,451 47 10,426 10,947 11,494 12,069 12,673 125,110 131,366 137,934 144,831 152,072 48 10,686 11,221 11,782 12,371 12,989 128,238 134,650 141,382 148,451 155,874 49 10,947 11,494 12,069 12,673 13,306 131,366 137,934 144,831 152,072 159,676 50 11,221 11,782 12,371 12,989 13,639 134,650 141,382 148,451 155,874 163,668 51 11,494 12,069 12,673 13,306 13,972 137,934 144,830 152,072 159,676 167,659 52 11,782 12,371 12,989 13,639 14,321 141,382 148,451 155,874 163,667 171,851 53 12,069 12,673 13,306 13,972 14,670 144,830 152,072 159,676 167,659 176,042 54 12,371 12,989 13,639 14,321 15,037 148,451 155,874 163,667 171,851 180,443 55 12,673 13,306 13,972 14,670 15,404 152,072 159,676 167,659 176,042 184,844 56 12,989 13,639 14,321 15,037 15,789 155,874 163,667 171,851 180,443 189,465 57 13,306 13,972 14,670 15,404 16,174 159,675 167,659 176,042 184,844 194,087 58 13,639 14,321 15,037 15,789 16,578 163,667 171,851 180,443 189,465 198,939 59 13,980 14,679 15,413 16,184 16,993 167,759 176,147 184,954 194,202 203,912 60 14,329 15,046 15,798 16,588 17,417 171,953 180,551 189,578 199,057 209,010 61 14,688 15,422 16,193 17,003 17,853 176,252 185,064 194,318 204,034 214,235 62 15,055 15,808 16,598 17,428 18,299 180,658 189,691 199,176 209,134 219,591 63 15,431 16,203 17,013 17,864 18,757 185,175 194,433 204,155 214,363 225,081 64 15,817 16,608 17,438 18,310 19,226 189,804 199,294 209,259 219,722 230,708 Per
Resolution
2016-004
Koff
Implementati
on
City of Calistoga
Salary Schedule - FY 21-22 (Effective 01/01/22) Revised June 7, 2022 Unrepresented Group
01/01/2022 to 12/31/2022
Per
Resolution
2006-088
June to Apr
Median CPI
Per
Resolution
2013-065
Per
Resolution
2013-065
Per
Resolution
2015-039
Per
Resolution
2016-004
Koff
Implementatio
n
Per
Resolution
2016-004
Koff
Implementati
on
Per
Resolution
Per
Resolution
2019-015 &
2020-001
Per
Resolution
2019-015 &
2020-001
Per Resolution
2022-009
Positions Covered
Position Title Comments
Range # Monthly Adopted (1) Annual Calculation (2)
(1) Monthly Rate adopted by resolution. Annual COLA, from other group MOUs or CPI, results are rounded to whole dollar, except for CM Positon. (2) Annual Rate - Monthly multiplied by 12. Entered into Payroll for Calculation of Payroll Rates.
(3) Hourly Payroll Rate - Annual Rate divided by 2080 hours rounded to nearest cent. (Daily rates calculated at 8 hours, Payperiod rates calculated at Annual rate divided by 24) 5/18/2022 10:08 PM E:\CALISTOGA\ACM Manager\Unrep Salary Schedule Revised June 7, 2022 Item #7.7.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Marni Rittburg, City Clerk
Meeting: City Council - Jun 07 2022
Subject: Flag Display Request
DESCRIPTION:

Consider displaying the Rainbow Flag for the month of June.

RECOMMENDATION:

Approve the request to display the non-governmental flag on the City’s ceremonial flagpole.

BACKGROUND/SUMMARY:

In 2014 the City Council established by Resolution a policy on flying governmental and nongovernmental flags on City property (Attachment 1). The Policy allows the Mayor to request the display of non-governmental flags on the City’s ceremonial flagpole in conjunction with proclamations of the City Council.

In support of the email request and in conjunction with the City Council Proclamation proclaiming June as Pride Month, Mayor Canning requests the City Council consider displaying the Rainbow Flag in the month of June (Attachment 2).

CEQA STATUS:

This item is exempt.

ATTACHMENT(S):

Policy on the Display of Non-Governmental Flags - Attachment 1 Email - Pride Month Proclamation & Pride Flag_Redacted
APPROVAL(S):

Laura Snideman, City Manager Approved - Jun 01 2022
Marni Rittburg, City Clerk Approved - Jun 01 2022
Item #7.8.

Item #7.8.

From: Chris Canning
To: Marni Rittburg
Cc: Laura Snideman
Subject: Pride Month Proclamation & Pride Flag
Date: Friday, May 27, 2022 9:41:49 AM
Marni,
Not sure if any group has “officially” requested a proclamation for Pride month for June. Can you replicate the proclamation from last year and update it for this year and have on our next agenda. Also, Please prepare a resolution for placing the Pride flag on the community flag pole using the process we have used in the past. This year let’s make it for the entire month of June assuming no other group has asked for use of the pole during that period.

Thank you
Chris Canning
Mayor, City of Calistoga
Item #7.8.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Jeff Mitchem, Planning & Building Director
Meeting: City Council - Jun 07 2022
Subject: Resolution Denying Appeal (AP 2022-2) of Planning Commission Approval of Renewal of Use Permit and Design Review UP 2022-1 and DR 2022-1 DESCRIPTION:

Consideration of 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 011-290-046).

RECOMMENDATION:

Consider adopting Resolution (ATTCH 1) 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/SUMMARY:

ISSUE: Consideration of the appeal of a use permit and design review renewal application for a threeguest unit expansion project and associated on-site improvements at the Aurora Park Cottages B&B facility located at 1807 Foothill Boulevard (APN 011-290-046). Summary of key findings made by Planning Commission (details below and in attached Resolution):

The proposal is:
• defined as a B&B facility by CMC (Chapter 17.04);
• allowed by project site zoning (Chapter 17.16);
• compliant with all B&B CMC regulations (Chapter 17.35); • conditioned to include an on-site primary residential use; • meets the CMC definition of “accessory” and “secondary” (CMC §17.35.0l0 D.); • meets all discretionary requirements for expansion (CMC §17.35.040 C. 3.) RECOMMENDATION:

Consider adopting Resolution (ATTCH 1) 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) Item #8.1.

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

On March 15, 2022, City Council heard the Appeal at a public hearing and remanded the matter back to Planning Commission with specific directions to consider how the City has calculated the 49% use of land standard as specified in CMC §17.35.010 D. That remand directive pertained to Appeal Issue A only (as cited in the Appeal submitted by Michael P. Glover and Curtis J. Wilhelm.) The City Council staff report, and attachments thereto are provided as attachments (ATTCH 6) to this Staff Report.

On April 27, 2022 the Planning Commission considered the item at a Public Hearing and made findings for compliance with CMC §17.35.010 D (as referred to in Appeal Issue A). At the conclusion of the item, a motion was made to approve the use permit and design review with conditions, passing by a 4-0 vote (Chair Copper abstained). The Planning Commission staff report and attachments thereto are provided as attachments (ATTCH 7) to this Staff Report.

On May 6, 2022, Michael P. Glover and Curtis J. Wilhelm, an adjoining property owner, filed a timely Application for Appeal (ATTCH 8) of the Planning Commission’s decision, citing two appeal items, summarized as follows:

Appellants preserve all of the factual and legal arguments made during the March 15, 2022, appeal hearing before the Board of Supervisors [sic]; the February 9, 2022 hearing before the Planning Commission; and all factual and legal arguments made by Appellants to date. Those arguments are incorporated herein by reference.

The additional arguments we would like the Board of Supervisors [sic] to consider are as follows:

1.The Project violates CMC requirements for the bed and breakfast use to be "secondary" to a primary use and that accessory uses shall be constructed or established prior to the construction of a primary building.

2.The Project violates CMC §17.35.0l0(D) requirement that a bed and breakfast use not exceed 49% of the use of the land and/or building area on and in which the facilities are to be located, and City's methodology and interpretation of its Code to meet this threshold is arbitrary and capricious.

3.The project would authorize construction of a hotel in a residential neighborhood.

4.Violation of CMC’s spacing requirements.

Staff findings in response to appellant's arguments made during the March 15, 2022 appeal hearing are incorporated by reference herein and summarized as follows:
• 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).

Staff Response: The City incorporates by reference the staff report findings that the proposal complies with the provisions of §17.35.010.

Item #8.1.

• 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 Response: The City incorporates by reference the staff report findings that the proposal complies with the provisions of §17.35.040(C)(3).
• 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 Response: The City incorporates by reference the staff report findings that the proposal complies with the provisions CEQA Section 15303.
• 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 Response: The City incorporates by reference the staff report findings that the proposal complies with the provisions of §17.35.020(H).

DISCUSSION:

Staff make the following findings in response to the two appeal items cited above.

Appeal Item 1. The Project violates CMC requirements for the bed and breakfast use to be "secondary" to a primary use and that accessory uses shall be constructed or established prior to the construction of a primary building.

Staff Findings.

CMC §17.35.010 D provides that “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.” The meaning of the term “Secondary” as it applies to B&B Facilities is defined in CMC §17.35.010 D as “not exceed[ing]” 49 percent of the use of the land and/or building area on which and in which the facilities are to be located.”. The he proposal complies – as explained in further detail in Staff Findings below in Appeal Item 2. Staff assessed three methods of calculating whether the 49% use threshold is not exceeded, and based on those calculations, staff finds that no methodology supports Appellants’ assertion that the 49% use threshold is exceeded.

Regarding the timing of the construction of an accessory building or use, Appellants argue that accessory uses were required to have been established before the primary building, an assertion that is unfounded. CMC §17.16.020 C identifies an explicit list of allowed accessory buildings and uses that shall not be constructed prior to a primary building, and these provisions apply to the subject site. The regulation states: The following accessory buildings and uses are allowed, whose use is clearly incidental and subordinate to the primary use; provided, that no accessory Item #8.1.

building or use shall be constructed or established prior to the construction of a primary building, or on a lot separate from the primary building.

1.Garages, storage sheds, workshops, pool houses, playhouses and similar structures.

2.Home occupations, in accordance with Chapter 17.43 CMC.

3.The keeping of household pets.

4.Family child care, small, as defined and operated in accordance with State law.

5.The keeping of up to four domestic chickens on a lot of 6,000 square feet or more, subject to the provisions of Chapter 6.06 CMC.

Because B&B facilities are not included in this list, the regulation does not apply to the proposed B&B expansion. B&B facilities are allowed as conveyed in the preceding CMC section - §17.16.020 B. 2. where no timing stipulation is mandated. Accessory buildings not on this list may be allowed to be constructed prior to a primary building which, in addition to B&B facilities, includes Accessory Dwelling Units (CMC Chapter 17.37.020 A.).

Appeal Item 2. The Project violates CMC §17.35.0l0(D) requirement that a bed and breakfast use not exceed 49% of the use of the land and/or building area on and in which the facilities are to be located, and City's methodology and interpretation of its Code to meet this threshold is arbitrary and capricious.

Staff Findings.

Calistoga Municipal Code. As discussed above, CMC §17.35.010 D establishes an explicit threshold for determining whether bed and breakfast facilities are “accessory” and “secondary” uses. That threshold is 49% of the use of the land as conveyed in the standard:
§17.35.010 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. “B&B Facility”. The term “B&B Facility” is defined (§17.04.085) as “Bed and breakfast” or “B and B” inns and facilities shall mean the rental of rooms or space for the purpose of providing overnight accommodations for paying guests for a period not to exceed 30 days per individual rental, with not more than one meal to be provided daily, and with the entire service offered to be included in one stated price.

The land use type “B&B Facility” explicitly refers to the floor area of overnight rental accommodations. Furthermore, the term “land” in “use of the land” shall refer to the total land area upon which the buildings are to be located (Gross Site Area).

Prior Applications of Section 17.35.010. City records indicate that as of February 2022, decisions concerning the application of §17.35.010 D apply to 16 legally conforming licensed B&B facilities.

Those circumstances utilized two distinct “use of land” methodologies: Methodology 1 – Facility Floor Area (applied to 15 facilities) and Methodology 2 – Facility Floor Area + 50% Common Area (applied to one facility). Staff has analyzed the subject application applying both of those methodologies to the subject proposal.

Methodology 1 –B&B Facility Floor Area
This methodology for the subject case yields a 7% use of land determination for B&B use. This use of land calculation utilizes a strict application of the definition of B&B Facility as referring to Item #8.1.

only the rooms or space providing overnight accommodations. Refer to ATTCH 9 for use area diagram.

Use Use Area (square feet) % Use of Land
B&B 4,578 7%
Residential 1,532 2%
Common Area 39,120 63%
Access & Parking 17,490 28%
Methodology 2 –Facility Floor Area + 50% Common Area
This methodology for the subject case yields a 30% use of land determination for B&B use. For the circumstances where this was previously applied, common area is defined as area equally accessible by occupants of both residential and B&B facilities. Access and parking are not included because those facilities are a given no matter the proposed use. Non-accessible open space is not assigned to the B&B use of land calculation because it is considered a natural resource of broad value to all user groups, both on- and off-site. Refer to ATTCH 10 for use area diagram.

Use Use Area (square feet) % Use of Land
B&B 19,010 30%
Residential 6,960 11%
Common Area 19,260 31%
Access & Parking 17,490 28%
In response to the Appeal assertion that Staff’s methodology is “arbitrary and capricious” because it excludes access and parking, Staff conducted additional analysis for City Council consideration using a new analysis which is reflected below in Methodology 3:

Methodology 3 – Alternative Method: Facility Floor Area + Common Area + Parking.

This methodology for the subject case yields a 47% use of land determination for B&B use. This methodology assigns all parking and common area associated with the visitor-serving facilities to the B&B use of land calculation. This methodology does not assign the access road to the B&B use of land calculation because it is an existing facility, provides access to multiple vicinity properties (via shared access agreement) and is necessary regardless of the proposed use of the subject site. And as is the case with Methodology 2, non-accessible open space is not assigned to the B&B use of land calculation because it is considered a natural resource of broad value to all user groups, both on- and off-site. Refer to ATTCH 11 for use area diagram.

Use Use Area (square feet) % Use of Land
B&B 29,726 47%
Residential 8,360 13%
Common Area 19,260 31%
Access & Parking 5,380 9%
Appeal Item 3. The project would authorize construction of a hotel in a residential neighborhood Staff Findings. The proposal meets the definition of Bed & Breakfast Inn pursuant to CMC §17.04.085, is compliant with all applicable CMC development regulations for Bed & Breakfast facilities and is operating under a valid Bed & Breakfast Facility Business License. That the proposal also meets the definitional standard of other uses is immaterial.

Item #8.1.

Appeal Item 4. Violation of CMC’s spacing requirements.

Staff Findings. The Aurora Cottages was first permitted in the 1950s, prior to the City establishing spacing requirements in CMC §17.35.040 C.1. Pursuant to Planning Commission Resolution No. 2015-18, the Aurora Cottages was granted a use permit to legalize the existing legally nonconforming use. Pursuant to CMC §17.44.015 B. structures conforming by use may extended if not deviating from the applicable CMC standards.

COUNCIL CONSIDERATION OF APPEAL:

Pursuant to CMC 1.20.030(B), 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 (ATTCH 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.

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 CMC 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 and adopt the attached Resolution denying appeal (AP 2022-2) and approving Planning Commission decision 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 Blvd (APN 011-290-046).

CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:

Councilmember goals have been a standard component in the staff report template for some time.

However, for the purposes of land use decisions, no findings are made because the City cannot impose findings beyond those conveyed by the Municipal Code. Because City Council Goals are administrative guidelines and not land use regulations, they are not directly relevant to land use entitlements and therefore no discussion is provided.

CEQA STATUS:

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.

Detailed findings are made in the Staff Report for the City Council appeal hearing on March 15, 2022 (ATTCH 6) and are incorporated herein by reference.

ATTACHMENT(S):

ATTCH 1 Draft Resolution - Aurora Park Appeal
Item #8.1.

ATTCH 2 PC Meeting Minutes 02.09.22
ATTCH 3 PC Staff Report Packet
ATTCH 5 - SR Aurora Park Appeal - 03012022
ATTCH 6 - CC Staff Report 03-15-2022 - Aurora Park Appeal Final ATTCH 7 - PC Staff Report 4.27.2022
ATTCH 8 - Appeal - Aurora Park Cottages 5.6.2022
ATTCH 9 - Methodology 1
ATTCH 10 - Methodology 2
ATTCH 11 - Use of Land Methodology 3
APPROVAL(S):

Gloria Leon, Administrative Services Director Approved - May 27 2022 Laura Snideman, City Manager Approved - Jun 01 2022
Marni Rittburg, City Clerk Approved - Jun 01 2022
Item #8.1.

ATTACHMENT 1
RESOLUTION NO. 2022-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA DENYING APPEAL AP 2022-2 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(D); 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 staff’s responses to same and all other evidence submitted at the hearing, and remanded the item back to Planning Commission.

WHEREAS, the Planning Commission considered these requests at a public hearing on April 27, 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 2022-4 on April 27, 2022, approving a use permit and design review for this project; and Item #8.1.

Resolution No. 2022-XX
Aurora Park Cottages Appeal AP 2022-1
June 7, 2022

WHEREAS, the City Council reviewed the appeal at a public hearing on June 7, 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 staff’s 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 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(D) 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.

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.

Item #8.1.

Resolution No. 2022-XX
Aurora Park Cottages Appeal AP 2022-1
June 7, 2022

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.

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 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 items 1 and 2) submitted by Michael P. Glover and Curtis J. Wilhelm:

Appeal Item 1. The Project violates CMC requirements for the bed and breakfast use to be "secondary" to a primary use and that accessory uses shall be constructed or established prior to the construction of a primary building.

Staff Findings.

Item #8.1.

Resolution No. 2022-XX
Aurora Park Cottages Appeal AP 2022-1
June 7, 2022

The meaning of the term “Secondary” as it applies to B&B Facilities is conveyed by CMC §17.35.010 D. and as so conveyed, the proposal complies – refer to Staff Findings below in Appeal Item 2.

Regarding the timing of the construction of an accessory building or use, CMC provisions vary depend on the specific building or use. As pertains to the proposed use at the subject project site, applicable base zone provisions are contained in CMC Chapter 17.16. As refenced in the appeal, CMC §17.16.020 C, identifies an explicit list of allowed accessory buildings and uses that shall not be constructed prior to a primary building. The regulation states: The following accessory buildings and uses are allowed, whose use is clearly incidental and subordinate to the primary use; provided, that no accessory building or use shall be constructed or established prior to the construction of a primary building, or on a lot separate from the primary building.

1. Garages, storage sheds, workshops, pool houses, playhouses and similar structures.

2. Home occupations, in accordance with Chapter 17.43 CMC.

3. The keeping of household pets.

4. Family child care, small, as defined and operated in accordance with State law.

5. The keeping of up to four domestic chickens on a lot of 6,000 square feet or more, subject to the provisions of Chapter 6.06 CMC.

Staff conclusion: Because B&B facilities are not included in this list, the regulation does not apply to the proposed B&B expansion. B&B facilities are allowed as conveyed in the preceding CMC section - §17.16.020 B. 2. where no timing stipulation is mandated. Accessory buildings not on this list may be allowed to be constructed prior to a primary building which, in addition to B&B facilities, includes Accessory Dwelling Units (CMC Chapter 17.37.020 A.).

Appeal Item 2. The Project violates CMC §17.35.0l0(D) requirement that a bed and breakfast use not exceed 49% of the use of the land and/or building area on and in which the facilities are to be located, and City's methodology and interpretation of its Code to meet this threshold is arbitrary and capricious.

Staff Findings.

In administering the CMC, Staff formulate and recommend discretionary courses of action based upon rational connections between the material facts of a given case and conclusions drawn. For the subject case, Staff establish a rational foundation for a methodology to measure “use of land” that is based on the facts conveyed in the Calistoga Municipal Code (CMC), and precedent case history. That rational foundation and corresponding Staff conclusions are described below.

Calistoga Municipal Code. CMC §17.35.010 D. establishes an explicit threshold for determining whether bed and breakfast facilities are “accessory” and “secondary” uses. That threshold is 49% of the use of the land as conveyed in the standard:

Item #8.1.

Resolution No. 2022-XX
Aurora Park Cottages Appeal AP 2022-1
June 7, 2022

§17.35.010 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. “B&B Facility”. The term “B&B Facility” is defined (§17.04.085) as “Bed and breakfast” or “B and B” inns and facilities shall mean the rental of rooms or space for the purpose of providing overnight accommodations for paying guests for a period not to exceed 30 days per individual rental, with not more than one meal to be provided daily, and with the entire service offered to be included in one stated price.

Staff conclusion: The land use type “B&B Facility” shall refer to the floor area of overnight rental accommodations. Furthermore, the term “land” in “use of the land” shall refer to the total land area upon which the buildings are to be located (Gross Site Area).

Case History. City records indicate that as of February 2022, precedent decisions under §17.35.010 D. consist of 16 legally conforming licensed B&B facilities. Those cases utilized two distinct “use of land” methodologies: Methodology 1 – Definitional Standard (Facility Floor Area only) and Methodology 2 – Case History Standard (Facility Floor Area + 50% Common Area). Of the three (3) relevant cases utilizing Methodology 2 (Chelsea Garden Inn, Washington St Lodging, Francis House).

Below, both of those methodologies are applied to the subject proposal.

Methodology 1 – Definitional Standard: B&B Facility Floor Area This methodology for the subject case yields a 7% use of land determination for B&B use. This use of land calculation utilizes a strict application of the definition of B&B Facility as referring to only the rooms or space providing overnight accommodations. Refer to ATTCH 9 for use area diagram.

Use Area (SF) % Use of Land (62,726 SF)
B&B 4,578 7%
Residential 1,532 2%
Common Area 39,120 63%
Access & Parking 17,496 28%
Methodology 2 – Case History Standard: Facility Floor Area + 50% Common Area
This methodology for the subject case yields a 30% use of land determination for B&B use. For the precedent cases common area is defined as area equally accessible by occupants of both residential and B&B facilities. Access and parking are not included because those facilities are a given no matter the Item #8.1.

Resolution No. 2022-XX
Aurora Park Cottages Appeal AP 2022-1
June 7, 2022

proposed use. Non-accessible open space is not assigned to the B&B use of land calculation because it is considered a natural resource of broad value to all user groups, both on- and off-site. Refer to ATTCH 10 for use area diagram.

Use Area (SF) % Use of Land (62,726 SF)
B&B 19,010 30%
Residential 6,960 11%
Common Area 19,260 31%
Access & Parking 17,496 28%
In response to the Appeal assertion that Staff’s methodology is “arbitrary and capricious” because it excludes access and parking, Staff conducted additional analysis for City Council consideration. That analysis is Methodology 3 – Precedent Standard: Facility Floor Area + Common Area + Parking.

This methodology for the subject case yields a 47% use of land determination for B&B use. This methodology assigns all parking and common area associated with the visitor-serving facilities to the B&B use of land calculation. This methodology does not assign the access road to the B&B use of land calculation because it is an existing facility, provides access to multiple vicinity properties (via shared access agreement) and is necessary regardless of the proposed use of the subject site. And as is the case with Methodology 2, non-accessible open space is not assigned to the B&B use of land calculation because it is considered a natural resource of broad value to all user groups, both on- and off-site. Refer to ATTCH 11 for use area diagram.

Use Area (SF) % Use of Land (62,726 SF)
B&B 29,726 47%
Residential 8,360 13%
Common Area 19,260 31%
Access & Parking 5,380 9%
Appeal Item 3. The project would authorize construction of a hotel in a residential neighborhood
Staff Findings. The proposal meets the definition of Bed & Breakfast Inn pursuant to CMC §17.04.085, is compliant with all applicable CMC development regulations for Bed & Breakfast facilities and is operating under a valid Bed & Breakfast Facility Business License. That the proposal also meets the definitional standard of other uses is immaterial.

Appeal Item 4. Violation of CMC’s spacing requirements.

Item #8.1.

Resolution No. 2022-XX
Aurora Park Cottages Appeal AP 2022-1
June 7, 2022

Staff Findings. The Aurora Cottages was first permitted in the 1950s, prior to the City establishing spacing requirements in CMC §17.35.040 C.1. Pursuant to Planning Commission Resolution No. 2015-18, the Aurora Cottages was granted a use permit to legalize the existing legally non-conforming use. Pursuant to CMC §17.44.015 B. structures conforming by use may extended if not deviating from the applicable CMC standards.

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.

ADOPTED AND APPROVED by the City Council of the City of Calistoga at a regular meeting held the 15th day of March 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________
Chris Canning, Mayor
ATTEST: _________________________
Marni Rittburg, City Clerk
Item #8.1.

Resolution No. 2022-XX
Aurora Park Cottages Appeal AP 2022-1
June 7, 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.

8. In perpetuity, the facility shall operate in compliance with the intent of CMC §17.35.010 Purpose, by maintaining a long-term residential (30-day occupancy or greater) use on-site.

Fire Department

9. 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. 2022-XX
Aurora Park Cottages Appeal AP 2022-1
June 7, 2022

Public Works Department

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

11. 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.

12. 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.

13. 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.

14. 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.

15. 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.

16. 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.

17. 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.

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

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

Item #8.1.

Resolution No. 2022-XX
Aurora Park Cottages Appeal AP 2022-1
June 7, 2022

20. 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.

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

22. 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.

23. 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.

MM
INUTES

CALISTOGA PLANNING CO ISSION
February 9, 2022 at 5:30 p.m. via Zoom
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.
. ROLL CALL
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.

PLEDGE OF ALLEGIANCE
. PUBLIC COMMENTS
None.
. ADOPTION OF MEETING AGENDA
The meeting agenda was adopted as presented.

COMMUNICATIONSICORRESPONDENCE
Associate Planner Thomas reports that one comment was received on item G2.

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 cit y
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 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 ifsetbacks 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’stime.

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 at an 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 ifapproved, 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 ifthe 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 ifthere 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 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 i being reviewed. s
Associate Planner Thomas confirms that itwas brought up in the 2020 meeting and itwas indicated that the city does not get involved in private easement disputes.

Applicant, David Patel, comments that he appreciates their consideration and looks fonlvardto getting the project undenlvay.

Vice Chair Wilkes asks whetherthis 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 FoothillBoulevard 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 sing|e—familyhome 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 ifcommissioners 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.

C aud Secreta
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—1and 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 ifthey wish to exercise that.

H. D|RECTOR’S REPORT
Director Mitchem provides an update on the Housing Element noting that staff is moving fonivard 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 SB9, noting there is no need for an emergency ordinance at this time.

Commissioner Allan comments on the news from Woodside regarding SB9 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 INITIATEDBY COMMISSIONERS
Vice Chair Wilkes asks if there is an agenda for the February 23th meeting and Associate Planner Thomas confirms.

Commissioner Vaughn asks ifanyone has seen St. Helena and Yountvi|le’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
ia Aceves, ry
Item #8.1.

Agenda Item G-2
City of Calistoga
Planning Commission
Agenda Item Summary
DATE February 9, 2022
ITEM Use Permit and Design Review
UP 2022-1 & DR 2022-1
APPLICANT David Patel
PROPERTY ADDRESS 1807 Foothill Boulevard
ASSESSOR’S PARCEL NO. 011-290-046
GENERAL PLAN DESIGNATION Low Density Residential
Foothill Character Area Overlay
ZONING DISTRICT R-1-10: One-Family Residential
STAFF CONTACT Samantha Thomas, Associate Planner
POTENTIAL CONFLICTS Chair Cooper
RECOMMENDATION Adopt Resolution with conditions.

SUGGESTED MOTION “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: Calistoga Planning Commission
From: Samantha Thomas, Associate Planner
Meeting Date: February 9, 2022
Subject: Aurora Park Cottages Expansion – Renewal of Use Permit and Design Review
Use Permit UP 2022-1 and Design Review DR 2022-1
1807 Foothill Boulevard
1 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. 7 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
16 located on the south side of
17 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
26 of good architectural character,
27 including The Chanric Inn next
28 door. On the opposite side of
29 Foothill Boulevard, the area Aurora Park Cottages
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
72 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 77 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 90 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-1-10 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
14 spaces are provided
103 C. Aesthetics
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.

Item #8.1.

Item #8.1.

Item #8.1.

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Item #8.1.

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LOCATION MAP

FOOTHILL BLVD
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R-1-10
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R-1-10
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R-1-10
R-1-10
R-1 R-1 R-1 R-1
R-1
R-1 R-1
R-1-10
Aurora Park Cottages
1807 Lincoln Avenue
APN 011-290-046
Attachment 2
1807 Foothill Boulevard
APN 011-290-046
Item #8.1.

ATTACHMENT 3Item #8.1.

Item #8.1.

Item #8.1.

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ATTACHMENT 4Item #8.1.

July 28, 2020
David Patel
Aurora Park Cottages
1807 Foothill Blvd.

Calistoga, CA 94515
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 COVID-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.

Sincerely yours,
Zach Tusinger, JD AICP
Planning and Building Director

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
ATTACHMENT 5
Item #8.1.

David Patel
Aurora Park Cottages
1807 Foothill Blvd.

Calistoga, CA 94515
925.260.6625
January 28, 2020

PROJECT OVERVIEW

CURRENT OPERATION
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 ATTACHMENT 6 Item #8.1.