Agenda, regular meeting — Calistoga City Council, October 18, 2022

Mayor
Chris Canning
Vice Mayor
Irais Lopez-Ortega
Councilmembers
Lisa M. Gift
Gary Kraus
Donald Williams
AGENDA
City Council - Regular Meeting
Tuesday, October 18, 2022 - 6:00 PM
And Via Zoom - Hybrid

* 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.

City Councilmembers and staff essential to this meeting will be present at the meeting or may teleconference into the meeting.

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 as shown below:

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

5. Attend In-Person
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. In Person: Fill out a Speaker Card and provide to the City Clerk before the meeting begins. Virtual (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-HandIn-Webinar.

WRITTEN COMMENTS: Alternatively, you may provide public comment on any item on the agenda or 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. To ensure the City Council receives your written comments prior to taking action, they must be received by 2:00 p.m. on the day of the meeting. All written comments received by this deadline will be provided to the City Council and posted online in advance of the meeting. Comments received after the 2:00 p.m. deadline will be provided to the City Council and included with supplemental materials after the meeting. No written comments will 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.

4. ADOPTION OF MEETING AGENDA

5. CITY MANAGER’S REPORT

6. CONSENT CALENDAR

6.1. Approve the Minutes of the May 24, 2022, City Council Special Meeting as submitted.

Recommended Action: Approve Minutes
Staff Report & Minutes
5 - 7

6.2. 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 Allowing Teleconferenced Public Meetings Pursuant to Assembly Bill 361 (AB 361) - Pdf 8 - 13

6.3. Consider adopting a Resolution approving the purchases of Handheld Radios
Recommended Action: Adopted the Resolution
Staff Report - Radio Purchases - Pdf
14 - 18

6.4. Consider adopting a Resolution authorizing the City Manager to execute a consultant service agreement with Sloan Sakai Yeung & Wong LLP for professional project management consulting services.

Recommended Action: Adopt a Resolution.

Staff Report - Adopt a Resolution Authorizing the City Manager to Execute a CSA with Sloan Sakai Yeung & Wong LLP - Pdf
19 - 34

6.5. Consider adopting a Resolution authorizing the City Manager to execute a Consultant Services Agreement with Bureau Veritas North America, Inc. (BVNA) for building official, building inspection, plan check and program administration services as needed.

Recommended Action: Adopt the attached Resolution.
35 - 58

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Staff Report - Building Division CSA - Pdf

6.6. *Consider adopting a Resolution (Attachment 1) approving (i) a Final Map (Attachment 2) to create 13 single-family residential estate lots, 20 residential villa lots, 3 resort lots and 7 forest reserve parcels on approximately 100.8+/- acres at 515 Foothill Boulevard (011-310-031 through 011-310-041 and 011-310-044; 011-320-007; 011-320-039 through 011-320-069; and 011-310-024); and (ii) a First Amendment to On-Site Remediation and Reimbursement Agreement (Attachment 3) to provide security for Developer’s obligation to pay On-Site Remediation Costs incurred by City.

Recommended Action: Adopt the Resolution.

Staff Report - Resolution approving a Final Map for Calistoga Hills Resort (TM 2019-1) and a First Amendment to On-Site Remediation and Reimbursement - Pdf
*REVISED Calistoga Hills Resort Final Map 2ND SUBMIT 151029_FM (002)
59 - 84

7. GENERAL GOVERNMENT

7.1. *Provide direction regarding Napa County Fairgrounds CFD special tax allocation.

Recommended Action: Direct City staff and consultants on special tax methodology in order to draft the necessary CFD formation documents prior to establishing the CFD and calling for the election for the funding of the Napa County Fairgrounds acquisition.

Staff Report - Direction Regarding Napa Valley Fairgrounds Community Facilities District (“CFD”) - Rate And Apportionment Special Tax Allocation Formu - Pdf
*REVISED Calistoga Fairgrounds CFD (Tax Scenarios) Presentation 221012b
Item 7.1 Public Comment - Redacted
Item 7.1 - Supplemental Public Comment - Redacted
85 - 106

7.2. The purpose of this item is to allow the City Council and the community an opportunity to review HCD comments and City Staff recommended responses on the draft Housing Element and provide any comments for consideration by Staff.

Recommended Action: No final decisions will be made at this meeting.

We currently anticipate requesting final decisions during the November 15 City Council meeting.

Staff Report - Discussion of HCD Comments on the Draft 2023-2031 Housing Element - Pdf
107 - 143

7.3. Logistics for Special Meetings
Recommended Action: Hear staff input on special meeting logistics and provide direction.

Staff Report - Logistics for Special Meetings - Pdf
144

8. COUNCIL REQUESTS AND IDEAS FOR DISCUSSION

9. ADJOURNMENT

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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 October 11, 2022, by 4:30 p.m. *This agenda was reposted with revised attachments on Items 6.6 and 7.1 on October 13, 2022, by 4:30 p.m.

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CITY OF CALISTOGA
STAFF
REPORT
TO: Honorable Mayor and City Council
FROM: Marni Rittburg, City Clerk
DATE: October 18, 2022
SUBJECT: Approving Minutes of the May 24, 2022, Special City Council Meeting Approved by:

Laura Snideman, City Manager
DESCRIPTION:

Consider approving the Minutes of the May 24, 2022, Special City Council Meeting.

RECOMMENDATION:

Approve the minutes as submitted.

ATTACHMENTS:

May 24, 2022, Special City Council Meeting Minutes
Item #6.1.

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DRAFT MINUTES

CALISTOGA CITY COUNCIL

SPECIAL MEETING
Tuesday, May 24, 2022 - 1 :00 PM
Four Seasons Resort
400 Silverado Trail
Calistoga, CA 94515
Calistoga Ballroom

1. CALL TO ORDER - ROLL CALL
Mayor Canning called the special meeting to order at 1 :09 p.m.

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

Absent: Councilmember Lisa Gift

2. PUBLIC COMMENT AT SPECIAL MEETING
Public comment on non-agenda items is not part of a special meeting.

Public comment was received.

3. ADOPTION OF MEETING AGENDA
Motion by Councilmember Kraus and seconded by Vice Mayor Lopez-Ortega and passed by the following roll call vote to adopt the meeting agenda as presented:

AYES:

NOES:

ABSTAIN:

ABSENT:

Councilmembers Kraus and Williams, Vice Mayor Lopez- Ortega Mayor Canning
None
None
Councilmember Gift
Councilmember Gift joined the meeting at 1:15 p.m.

4. GENERAL GOVERNMENT

4.1. Consider City Council endorsement of Measure L Wildfire Prevention and Suppression Measure for a Countywide sales tax.
and
Ryan Gregory, PE with KG Planning Partners presented a PowerPoint presentation in support of Measure L.

Public comment was not received. Motion by Mayor Canning second by Councilmember Gift and passed by the following roll call vote, Council endorsed Measure L:

AYES:

NOES:

ABSTAIN:

ABSENT:

Councilmembers Kraus, Williams and Gift, Vice Mayor Lopez- Ortega and Mayor Canning
None
None
None
Item #6.1.

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Calistoga City Council Special Goal Setting Workshop/Study Session Minutes May 24, 2022

Page 2 of 2 ends

4.2. Initial General Fund Budget Requests.

Recommended Action: Hear presentations on the attached and provide initial feedback on priorities.
• Introduction and study session expectations.

City Manager Laura Snideman discussed the purpose of the scheduled study session and reviewed the agenda. The priorities for today's session are to focus priority projects and to seek Council direction on any modifications and budget items.
► City Manager Laura Snideman provided a PowerPoint presentation on the Fiscal Year 2022-23 General Fund estimated revenue.
► Public Works Director Derek Rayner presented the Public Works Department FY 2021-22 accomplishments and the priorities and challenges for FY 2022-23. ► Fire Chief Steve Campbell presented the Fire Department FY 2021-22 accomplishments and the priorities and challenges for FY 2022-23. ► Police Chief Mitch Celaya presented the Police Department FY 2021-22 accomplishments and the priorities and challenges for FY 2022-23. ► Planning and Building Director Jeff Mitchem presented the Planning & Building Department FY 2021-22 accomplishments and the priorities and challenges for FY 2022-23.
► Parks and Recreation Director Rachel Melick presented the Park and Recreation Department 2021-22 accomplishments and the priorities and challenges for FY 2022-23.
► Councilmember Williams presented a TOT Revenue Economic Vitality Expense Graph.
► The City Council reviewed the Fiscal Year 2022-23 Discretionary Budget Requests Decision Matrix and placed dots by the projects they would like to see funding allocated to.

5. ADJOURNMENT
Mayor Canning adjourned the meeting at 5:41 p.m.

Respectfully Submitted
Prepared by:

Marni Rittburg, City Clerk
Approved by:

Chris Canning, Mayor
I Approved:

Item #6.1.

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City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Marni Rittburg, City Clerk
Meeting: City Council - Oct 18 2022
Subject: Affirm Resolution No. 2021-071 Allowing 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.

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.

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:

Item #6.2.

Page 8 of 144 ends

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 recommend measures to promote social distancing.

3. The City Council directed regular City Council Meetings be Hybrid starting with the October 4, 2022, Regular Council Meeting.

4. Other City Boards, Commissions, and Committees may remain virtual or decide to hold hybrid meetings in the future.

AB 361 requires City Council to make these findings every 30 days to continue teleconference meetings. On October 5, 2021, Council adopted Resolution 2021-071, making the required findings under AB 361 and authorizing the City Manager to implement teleconference accessibility to conduct public meetings. Council has continued to reaffirm this resolution. 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 may be periodically necessary.

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.

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.

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):

Item #6.2.

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Laura Snideman, City Manager Approved - Oct 10 2022
Marni Rittburg, City Clerk Approved - Oct 10 2022
Item #6.2.

Page 10 of 144 ends

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 #6.2.

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Resolution No. 2021-071

Page 2 of 3 ends

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 #6.2.

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Resolution No. 2021-071

Page 3 of 3 ends

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 #6.2.

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City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Steve Campbell, Fire Chief
Meeting: City Council - Oct 18 2022
Subject: Radio Purchases
DESCRIPTION:

Consider adopting a Resolution approving the purchases of Handheld Radios RECOMMENDATION:

Adopted the Resolution
BACKGROUND/SUMMARY:

Currently all of the Fire Department handheld radios are approximately 22 years old, and the manufacture has stopped production of parts which, makes maintaining, and servicing our radios very difficult.

The new radios will greatly increase public safety, improve workplace safety, and interoperability with public safety departments Statewide and will Improve public safety by maintaining effective communication.

Communication is vital to the success of our department by being able to effectively coordinate resources to provide the best service to our community and as a mutual aid partner to the State of California.

During critical incidents communication is key to achieving a positive outcome, this was clearly demonstrated during the major fires when we had to develop and execute a city-wide evacuation plan.

Providing new portable radios to the members of our department will Increase workplace safety.

According to our Lexipol Policy 714.4 Radio communications “Member safety is enhanced when dispatchers, supervisors and fellow members know the status of other companies”. NFPA 1802 States the ergonomics of the “radio must be able to be manipulated by responders who have large hands and/or who are wearing structural firefighting gloves.” The ergonomics of our current radios make this extremely difficult due to small knobs and buttons.

Calistoga Fire Department Is a part of the California master mutual aid agreement and interoperability is a key component to this agreement’s success.

Without being able to communicate with participating members, we would not be able to provide or receive the support needed during large disasters.

Item #6.3.

Page 14 of 144 ends

California Department of Justice has implemented a policy and procedure (FBI CJIS Security policy sections 5.10 and 5.13) regarding Radio encryption, Radio Traffic shall be encrypted when it contains individual identity information. Purchasing new radios that will be encryption capable will ensure that we are able to maintain communication with our law enforcement partners.

State and federal agencies are currently using these radios insuring interoperability during large disasters.

The City Council approved the funds of $61,428.45 in the FY22-23 budget to cover the cost of the radio purchase.

The City applied for grant funds for the amount of the radio purchase through California Intergovernmental Risk Authority (CIRA). The funds were approved, and CIRA will reimburse the city after the purchase.

CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:

Goal Number 7: Enhance Calistoga's Safety
CEQA STATUS:

No CEQA required
FINANCIAL IMPACT:

The City Council approved the funds of $61,428.45 in the FY22-23 budget to cover the cost of the radio purchase and CIRA will reimburse the city $61,428.45 ATTACHMENT(S):

New Radio Res
QUOTE - BKR 5000
APPROVAL(S):

Laura Snideman, City Manager Approved - Oct 10 2022
Marni Rittburg, City Clerk Approved - Oct 10 2022
Item #6.3.

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RESOLUTION NO. 2022-XXX

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

NAPA, STATE OF CALIFORNIA, AUTHORIZING THE PURCHACE OF NEW HANDHELD RADIOS IN THE AMOUNT OF $61,428.45
WHEREAS, the Fire Department has a need to purchase new handheld radios WHEREAS, the new radios will greatly increase public safety, improve workplace safety and interoperability with public safety department statewide WHEREAS, the Fire Department has identified Cross Connection Mobile Communications to provide the new radios
WHEREAS, the funds have been approved in the Fy22-23 budget WHEREAS, the City will be reimbursed the entire amount of the purchase from California Intergovernmental Risk Authority (CIRA)
NOW, THEREFORE, BE IT RESOLVED that the Calistoga City Council hereby approves the purchase of the new radios in the amount of $61,428.45 as Quoted from Cross Connection Mobile Communications, EXHIBIT A.
.

PASSED, APPROVED AND ADOPTED this _18th__ day of _October______, 2022. I, MARNI RITTBURG, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
__________________________ __________________________
Marni Rittburg, CMC, City Clerk Chris Canning, Mayor
ATTACHMENT 1
Item #6.3.

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Page 1 of 2 ends

35860 Pauba Road, Temecula, CA. 92592
951-764-4022 office; 951-302-0145 fax
www.cross-connections.net
[email protected]
State of California Small Business
Certification #54962
Quote****************************Quote
Account # Date Invoice#
Payment Ending . . . May 6, 2022 2022-5-6-Calistoga FD
Bill To: Ship To:

Calistoga Fire Department
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707-942-2840
[email protected]
Calistoga Fire Department
Blake McCormick
707-942-2840
[email protected]
Terms Due Date Solicitation # Sales Rep. Partner Co.

Net 30 Date of Order J. Cross BK Technologies
Item Qty Part # Description Unit Price Amount
1 26 BKR5000CMD
BKR 5000 CMD Radio Unit Model
III Top Display & Front Display, Full
Keypad. Includes one base
frequency, GPS, Black Housing,
Belt Clip.
1,480.63 $38,496.38
2 26 BKR0810GPS Antenna, GPS, VHF, 136-174MHz,
BKR-P Series

57.11 $ 1,484.86
3 36 BKR0101 Battery Pack, Li-Ion 4900 mAh,
Smart, BKR-P Series
148.39 $ 5,342.04
4 26 BKR0120 “AA” Clamshell 96.68 $ 2,513.68
5 26 BKR0203 Microphone, Speaker, 3.5mm
Jack, Emergency Button, BKR
209.57 $ 5,448.82
Item #6.3.

Page 17 of 144 ends

Page 2 of 2 ends

6 26 EC1M-BK3
Endura Vehicle Charger, Single
Unit, BKR 67.47 $ 1,754.22
7 4 KAA0701
Legacy / KNG Cloning Cable
Portable & Mobile D/G Series,
KNG2P to KNGM
368.23 $ 1,472.92
8 4 BKR0701
Adapter, Cloning, Legacy Portable
& Mobile, Requires KAA0700
cloning cable for cloning to KNG-P
or a KAA0701 Legacy cloning cable
for cloning to KNG Series and DSeries.
149.04 $ 596.16
9 2 BKR0710 Programming Cable, USB, BKR 83.43 $ 166.86
10 1 BKR0733 RES Programming Software 120.51 N/C
Sub Total $57,275.94
Tax 7.25% $ 4,152.51
Shipping * N/C
TOTAL * $61,428.45
Blake, thank you for the opportunity to earn your business. As a small business, we are very appreciative.

Signed Jeremy Cross Date May 6, 2022
Jeremy Cross
Item #6.3.

Page 18 of 144 ends

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Laura Snideman, City Manager
Meeting: City Council - Oct 18 2022
Subject: Adopt a Resolution Authorizing the City Manager to Execute a Consultant Service Agreement with Sloan Sakai Yeung & Wong LLP
DESCRIPTION:

Consider adopting a Resolution authorizing the City Manager to execute a consultant service agreement with Sloan Sakai Yeung & Wong LLP for professional project management consulting services.

RECOMMENDATION:

Adopt a Resolution.

BACKGROUND/SUMMARY:

The City Manager is in need of professional project management experience to assist in accomplishing various City Council projects. Due to staff vacancies the City Manager does not currently have the resources necessary to complete critical assignments. In the interim, the City Manager has been required to contract out with consulting firms to provide the professional expertise needed on specific projects.

DISCUSSION:

Over the past several months, under the authority granted by the City’s Municipal Code, the City has contracted with Sloan Sakai Yeung & Wong LLP to provide project management assistance for projects such as preparing budget priorities and the acquisition of the Napa County Fairgrounds. In order to continue using Sloan Sakai’s services we seek Council authorization to enter into a consultant service agreement for a not to exceed amount of $80,000. It is anticipated these services will continue to be provided remotely and be on an on-call, as needed basis.

CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:

The recommended action conforms to Council Goal 5: Offer excellent professional services to all customers, Objective1: Continue to provide a high standard in the delivery of emergency and general municipal services.

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 total not to exceed amount for professional project management consulting services is $80,000, which will be funded by a transfer from salary savings from the General Fund.

Item #6.4.

Page 19 of 144 ends

ATTACHMENT(S):

Sloan Sakai PSA Resolution - October 18 2022
Template Consultant Services Agreement
APPROVAL(S):

Laura Snideman, City Manager Approved - Oct 11 2022
Marni Rittburg, City Clerk Approved - Oct 11 2022
Item #6.4.

Page 20 of 144 ends

RESOLUTION NO. 2022-XXX

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

NAPA, STATE OF CALIORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE

CONSULTANT SERVICE AGREEMENTS WITH SLOAN SAKAI YEUNG & WONG

LLP FOR PROFESSIONAL PROJECT MANAGEMENT CONSULTING SERVICES WHEREAS, the City Manager is in need of professional project management experience to assist in accomplishing several City projects during the coming months; and
WHEREAS, due to reductions in staffing at City Hall and the difficulty attracting professional staff to Calistoga due to its remote location and high housing costs the City Manager does not currently have the resources necessary to complete critical assignments; and
WHEREAS, over the past several months the City has contracted with Sloan Sakai Yeung & Wong LLP to provide project management assistance for projects such as the acquisition of the Napa County Fairgrounds and developing budget priorities; and WHEREAS, to continue using their services it is necessary to seek City Council authorization to enter into a consultant service agreement for professional project management consulting services.

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

Authorizes the City Manager to execute agreements with Sloan Sakai Yeung & Wong LLP for professional project management consulting services in an amount not to exceed $80,000; funded through a transfer from the General Fund.

PASSED, APPROVED AND ADOPTED this 18th day of October 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 #6.4.

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OAK #4890-2776-3737v1 (Rev. 9/2021)

AGREEMENT FOR CONSULTANT SERVICES
This Agreement for Consultant Services (the "Agreement") is made and entered into this _____________ day of _______________, ___, by and between THE CITY OF CALISTOGA, a municipal corporation (hereinafter referred to as "CITY") and ____________________ ________________________________________ [a sole proprietorship, partnership, limited liability partnership, corporation, limited liability corporation] (hereinafter referred to as "CONSULTANT"). CITY and CONSULTANT may be referred to individually as “Party” and collectively as the “Parties.”

RECITALS
WHEREAS, CITY requires __________________ services in connection with the ______________________________________;
WHEREAS, CONSULTANT is qualified to perform such services; and WHEREAS, CONSULTANT has agreed to provide CITY with such services on the terms and conditions set forth herein.

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

ARTICLE 1 - SCOPE OF SERVICES

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

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

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

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

CONSULTANT agrees that the Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged, in the same or similar geographical area in which CONSULTANT practices its profession, and will prepare all work products required by this Agreement in accordance with such standards. CITY and CONSULTANT agree that CONSULTANT is in responsible charge of the Services and CITY shall have no control over the method or means of performance of the Services. Acceptance by CITY of the Services does not operate as a release of CONSULTANT from professional responsibility for the Services performed.

Item #6.4.

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OAK #4890-2776-373v1 (Rev. 9/2021)

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

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

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

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

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

ARTICLE 2 - COMPENSATION

2.1. 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 $____________ ("Cost Ceiling").

2.2. Invoices. CONSULTANT shall submit monthly invoices in a form satisfactory to CITY on or before the tenth day of each month for Services provided during the preceding month. CONSULTANT shall submit time and cost records as necessary to substantiate performance of the Services. Within 35 days after receipt of each such invoice, CITY Item #6.4.

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OAK #4890-2776-373v1 (Rev. 9/2021)
shall verify the accuracy of the invoice, correct the charges where appropriate and as discussed and mutually agreed with CONSULTANT, and make payment to CONSULTANT in an amount equal to the amount of such invoice, as verified or corrected by CITY. No payment hereunder shall be construed as evidence of acceptance of any of CONSULTANT's work. CITY reserves the right to withhold payment from CONSULTANT on account of Services not performed satisfactorily, delays in CONSULTANT's performance of Services, or other defaults hereunder. CONSULTANT shall not stop or delay performance of the Services under this Agreement on account of payment disputes with CITY.

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

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

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

ARTICLE 3 - TIME OF PERFORMANCE

3.1. Effective Date. This Agreement shall become effective upon execution of the second signature and shall remain in full force and effect until the Services are completed (the "Term"). CONSULTANT agrees to complete all services by _______________.

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

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

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

ARTICLE 4 - DESIGNATED CONTACTS

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

Item #6.4.

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OAK #4890-2776-373v1 (Rev. 9/2021)

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

ARTICLE 5 - INDEMNIFICATION AND INSURANCE

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

CONSULTANT shall have no right to seek reimbursement from the CITY Parties for the costs of defense.

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

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

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

5.3. Insurance. CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency shall procure, provide and maintain at all times during the performance of this Agreement, and for such additional periods as described herein, the insurance listed below with insurers licensed to do business in the State of California and with a Best's rating of no less than A:VII.

A. Commercial Automobile Liability Insurance. Commercial Automobile Liability Insurance providing bodily injury liability and property damage, to protect against all liability arising out of the use of any owned, leased, passenger or commercial automobile at a minimum amount of $1,000,000 combined single limit and $2,000,000 aggregate. Coverage shall apply to hired and non-owned autos.

Item #6.4.

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OAK #4890-2776-373v1 (Rev. 9/2021)
B. Commercial General Liability Insurance. Commercial General Liability Insurance, with limits providing a minimum amount of $1,000,000 combined single limit coverage for each occurrence, $2,000,000 general aggregate and $2,000,000 products/completed operations aggregate. The insurance shall cover all operations including but not limited to the following: (1) premises, operations and mobile equipment liability; (2) completed operations and products liability; (3) contractual liability insuring the obligations assumed by CONSULTANT in this Agreement; (4) broad form property damage liability; (5) personal injury liability endorsement, including death; and (6) automobile bodily injury and property damage insurance, including all owned, hired and non-owned equipment.

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

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

E. Sexual Abuse or Molestation (“SAM”) Liability: If the work will include contact with minors, and the Commercial General Liability policy under Section 5.3(B) is not endorsed to include affirmative coverage for sexual abuse or molestation, CONSULTANT shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim.

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

5.3. The Certificates shall be on forms acceptable to CITY. CONSULTANT shall also furnish CITY with original endorsements with the following documentation:
• Precluding cancellation or reduction in coverage before the expiration of thirty (30) days after CITY shall have received written notification thereof from CONSULTANT by United States mail;
• Providing that CONSULTANT's insurance shall apply separately to each insured against whom claim is made or suit is brought, and include a “separation of insureds” or “severability” clause which treats each insured separately, except with respect to the limits of the insurer's liability (crossliability endorsement); Item #6.4.

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OAK #4890-2776-373v1 (Rev. 9/2021)
• Excepting CONSULTANT’S professional liability insurance, naming CITY, its City Council, boards, commissions, committees, officers, employees and agents as additional insureds (“Additional Insureds”); and • Providing that for any claims relating to CONSULTANT's services hereunder, CONSULTANT's insurance coverage shall be primary insurance with respect to CITY, its City Council, boards, commissions, committees, officers, employees and agents, and that any insurance or self-insurance maintained by CITY for itself, its City Council, boards, commissions, committees, officers, employees and agents shall be in excess of CONSULTANT's insurance and shall not be contributory with it.
• It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverages requirements and/or limits shall be available to the Additional Insured, including but not limited to any umbrella or excess insurance.

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

G. Waiver of Subrogation: CONSULTANT hereby grants to CITY a waiver of any right to subrogation which any insurer of said CONSULTANT may acquire against the CITY by virtue of the payment of any loss under such insurance.

CONSULTANT hereby agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. However, the Worker’s Compensation policy required by Section 5.3(D) of this Agreement shall be endorsed with a waiver of subrogation in favor of CITY for all work performed by CONSULTANT, its employees and/or agents.

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

ARTICLE 6 - NOTICES
All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by facsimile or reputable overnight courier and shall be deemed received upon the earlier of: (1) if personally delivered, the date of delivery to the address of the person to receive such notice; (2) if delivered by Federal Express or other overnight courier for next business day delivery, the next business day; (3) if sent by facsimile, with the original sent on the same day by overnight courier, the date on which the facsimile is Item #6.4.

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OAK #4890-2776-373v1 (Rev. 9/2021)
received, provided it is before 5:00 P.M. Pacific Time; or (4) if sent electronically, the date of delivery on the confirmed read receipt. Notice of change of address shall be given by written notice in the manner described in this Article 6. Rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice or communication sent. Unless changed in accordance herewith, the addresses for notices given pursuant to this Agreement shall be as follows:

If to CITY: Laura Snideman, City Manager
1232 Washington Street
Calistoga, CA 94515
Email: [email protected]
Phone: 707-942-2806
If to CONSULTANT: ________________________________
________________________________
________________________________
Phone: __________________________
Facsimile: _______________________
Email: __________________________
ARTICLE 7 - MISCELLANEOUS

7.1. Conflict of Interest Prohibition. CITY and CONSULTANT will comply with the requirements of the CITY’s Conflict of Interest Code adopted pursuant to California Government Code §87300 et seq., the Political Reform Act (California Government Code §81000 et seq.), the regulations promulgated by the Fair Political Practices Commission (Title 2, §18110 et seq. of the California Code of Regulations), California Government Code §1090 et seq., and any other ethics laws applicable to the performance of the Services and/or this Agreement. CONSULTANT may be required to file with the CITY Clerk a completed Form 700 before commencing performance of the Services unless the CITY Clerk determines that completion of a Form 700 is not required, pursuant to CITY’s Conflict of Interest Code. Form 700 forms are available from the CITY Clerk.

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

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

Item #6.4.

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OAK #4890-2776-373v1 (Rev. 9/2021)
CONSULTANT may not employ any CITY official, officer or employee in the performance of the Services, nor may any official, officer or employee of CITY have any financial interest in this Agreement that would violate California Government Code §1090 et seq. CONSULTANT hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of CITY. If CONSULTANT was an employee, agent, appointee, or official of CITY in the previous twelve months, CONSULTANT warrants that it did not participate in any manner in the forming of this Agreement. CONSULTANT understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and CONSULTANT will not be entitled to any compensation for CONSULTANT’s performance of the Services, including reimbursement of expenses, and CONSULTANT will be required to reimburse CITY for any sums paid to CONSULTANT under this Agreement. CONSULTANT understands that, in addition to the foregoing, penalties for violating Government Code §1090 may include criminal prosecution and disqualification from holding public office in the State of California.

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

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

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

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

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

7.5. Severability. If any part of this Agreement is determined to be unconstitutional, invalid or beyond the authority of either party, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that Item #6.4.

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OAK #4890-2776-373v1 (Rev. 9/2021)
the remainder of this Agreement can be interpreted to give effect to the intentions of the parties.

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

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

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

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

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

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

7.12. Third Parties. Nothing contained in this Agreement shall create a contractual relationship with, or cause of action in favor of, a third party against either the CITY or CONSULTANT. CONSULTANT’s Services hereunder are being performed solely for the benefit of CITY. CITY shall be an express third-party beneficiary of all contracts between CONSULTANT and any subcontractors or subconsultants in connection with any services performed in connection with, or in furtherance of, this Agreement. * * *
[Signatures on Next Page]
Item #6.4.

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OAK #4890-2776-373v1 (Rev. 9/2021)
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.

CITY OF CALISTOGA
By: Date:

Laura Snideman, City Manager

CONSULTANT
By: Date:

By: Date:

Attest
By:

Marni Rittburg, City Clerk
Approved As To Form
By:

Michelle Marchetta Kenyon, City Attorney
Item #6.4.

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OAK #4823-2508-6159 v2

EXHIBIT A

SCOPE OF WORK
Item #6.4.

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OAK #4823-2508-6159 v2

EXHIBIT B
Compensation
CITY shall pay CONSULTANT for the Services on a cost reimbursement basis, up to the Cost Ceiling (as defined in Section 2.1 of the Agreement). CONSULTANT agrees to use appropriate methods to contain its fees and costs under this Agreement. Compensation shall include only the following costs, which shall all count toward the Cost Ceiling:

1. Direct Labor
Direct labor costs shall be the total number of hours worked on the job by each employee times the agreed hourly rate for such employee's labor as set forth on the attached Exhibit B-1. CITY will pay all personnel at their regular straight-time rate, including any work performed on overtime or on holidays or weekends.

2. Subconsultant Costs
Subconsultant services shall be billed at cost plus a 10 percent markup. CONSULTANT shall provide a copy of each subconsultant's invoice for which it seeks payment from CITY with any invoice in which such payment is requested.

3. Other Direct Costs
The following categories of costs are eligible for reimbursement, which shall be made at the actual cost to CONSULTANT without any additional mark-up:
a. Reasonable living and traveling expenses of employees when away from home office on business in its prosecution of the Services. CONSULTANT must have prior approval of CITY to be reimbursed for these expenses.
b. Automobile expenses for personal vehicle use, if necessary, at the IRS approved mileage rate.
c. Reproduction of drawings and specifications by CONSULTANT as required under this Agreement, at rates prevailing in this community for bulk reproduction or at other reasonable rates approved by CITY.
d. Special overnight delivery or messenger services.

Payments to CONSULTANT for reimbursable costs/expenses will be made only after the specific costs/expenses have been incurred and CONSULTANT has submitted substantiating documentation, such as copies of paid invoices or other documentation confirming that such costs/expenses have been incurred.

Item #6.4.

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OAK #4823-2508-6159 v2
EXHIBIT B-1
Item #6.4.

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City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Jeff Mitchem, Planning & Building Director
Meeting: City Council - Oct 18 2022
Subject: Building Division Professional Services Agreement DESCRIPTION:

Consider adopting a Resolution authorizing the City Manager to execute a Consultant Services Agreement with Bureau Veritas North America, Inc. (BVNA) for building official, building inspection, plan check and program administration services as needed.

RECOMMENDATION:

Adopt the attached Resolution.

BACKGROUND/SUMMARY:

Due to recent staff departures in the Building Division and a continuing robust construction landscape, the building department has the need to subsidize staff with additional consulting services to cope with the heavy workload. Currently, the City contracts with BVNA for building inspection, plan check and program administration services. This agreement would expand those services to include Building Official functions.

Due to the City's small size and varying workload, the City will continue to utilize consultants for these highly-specialized and critical services. The nature of the consultant services allows for additional capacity during peak load times and staff time off and to shrink back to core staff when the workload doesn’t warrant the additional help. Under this revised agreement, BVNA will provide a certified building official three days/week (MWF) for building inspection and administrative services and a certified building inspector to provide plan check services and code enforcement services two days/week. All BVNA staff assigned to the City are available to assist as-needed at the public counter in City Hall.

BVNA is a large company that specializes in providing Building Official services to municipalities. It has the ability to provide a wide range of services on an as-needed basis, including for large and complex projects and is currently the firm managing the recovery rebuild center for the cities of Santa Rosa and Malibu. BVNA currently provides services to over 150 of the Jurisdictions and Municipalities in California. BVNA staff has received favorable feedback from the public on the services provided by BVNA to date.

CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:

Consistent with Council Goal 5: Offer excellent professional services to all customers.

CEQA STATUS:

Exempt
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FINANCIAL IMPACT:

The costs associated with processing building permit applications and related inspection services will be recovered primarily through permit fees. Other building services such as code enforcement investigations will be covered by the Planning & Building Department’s FY22/23 budget, which includes $125,000 for contract services. Budgetary savings will be accrued from the presently unused full-time salaries of $290,551 allotted to the Building Division.

ATTACHMENT(S):

ATTCH 1 CC Bureau Veritas NA Resolution
ATTCH 2 - Consultant Services Agreement BV
ATTCH 2 - EXH A - Scope 2022 - City of Calistoga
ATTCH 2 - EXH B - Rate Sheet -City of Calistoga 2022
APPROVAL(S):

Laura Snideman, City Manager Approved - Oct 11 2022
Marni Rittburg, City Clerk Approved - Oct 11 2022
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ATTACHMENT 1
RESOLUTION NO. 2022-XXX
Authorizing Agreement No. XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA

AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH BUREAU VERITAS NORTH AMERICA, INC. (BVNA)

FOR BUILDING OFFICIAL, INSPECTION, PLAN CHECK SERVICES AND SPECIAL

PROJECTS
WHEREAS, the City desires to utilize a professional consultant for the highlyspecialized and critical building official, building inspection and plan check services for the Planning & Building Department; and
WHEREAS, BVNA is a large company that specializes in providing similar services to municipalities and has the ability to provide a wide range of services on an as-needed basis, including for large and complex projects.

WHEREAS, BVNA is currently providing these services in other local Cities such as Santa Rosa and Healdsburg, and the proximity of their personnel to Calistoga will allow the City to efficiently cover its needs.

WHEREAS, BVNA is currently providing inspection and plan review services for the Silver Rose project under a separate contract.

WHEREAS, the costs associated with the provision of consulting services will be recovered in part through the revenue collected in conjunction with the processing of building permit applications, and the Department’s FY 22-23 budget for contract services (01-4125-4402) not to exceed $125,000.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Calistoga hereby authorizes the City Manager to enter into a professional services agreement with BVNA for the provision of building official, building inspection and plan check services.

PASSED, APPROVED AND ADOPTED this 18th day of October 2022. I,

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
______________________________ ______________________________ Marni Rittburg, CMC, City Clerk Chris Canning, Mayor
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- 1 -
OAK #4890-2776-3737v1 (Rev. 9/2021)

AGREEMENT FOR CONSULTANT SERVICES
This Agreement for Consultant Services (the "Agreement") is made and entered into this _____________ day of _______________, ___, by and between THE CITY OF CALISTOGA, a municipal corporation (hereinafter referred to as "CITY") and Bureau Veritas North America a corporation, (hereinafter referred to as "CONSULTANT"). CITY and CONSULTANT may be referred to individually as “Party” and collectively as the “Parties.”

RECITALS
WHEREAS, CITY requires building official, building inspection and plan check services for the Planning & Building Department services in connection with the Planning & Building Department.

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.

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OAK #4890-2776-373v1 (Rev. 9/2021)

ARTICLE 2 - COMPENSATION

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

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

ARTICLE 3 - TIME OF PERFORMANCE

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

ARTICLE 4 - DESIGNATED CONTACTS

4.1. CITY Contact. CITY designates Jeff Mitchem, its Planning & Building Director, as its contact who shall be responsible for administering and interpreting the terms and conditions of this Agreement, for matters relating to CONSULTANT's performance under this Agreement, and for liaison and coordination between CITY and CONSULTANT. In the event CITY wishes to make a change in CITY's representative, CITY will notify CONSULTANT of the change in writing.

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OAK #4890-2776-373v1 (Rev. 9/2021)

4.2. CONSULTANT Contact. CONSULTANT designates Leonardo Depaola 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

CONSULTANT shall have no right to seek reimbursement from the CITY Parties for the costs of defense.

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If to CITY: Laura Snideman, City Manager
1232 Washington Street
Calistoga, CA 94515
Email: [email protected]
Phone: 707-942-2806
If to CONSULTANT: Leonardo Depaola
Vice President of Sales, Facilities
Bureau Veritas NA
(279) 204-9941
180 Promenade Circle, Suite 150 Sacramento, CA 95834
Phone: 279.204.9941
Email: [email protected]
ARTICLE 7 - MISCELLANEOUS

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

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OAK #4890-2776-373v1 (Rev. 9/2021)
the remainder of this Agreement can be interpreted to give effect to the intentions of the parties.

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

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OAK #4890-2776-373v1 (Rev. 9/2021)
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.

CITY OF CALISTOGA
By: Date:

Laura Snideman, City Manager

CONSULTANT
By: Date:

By: Date:

Attest
By:

Marni Rittburg, City Clerk
Approved As To Form
By:

Michelle Marchetta Kenyon, City Attorney
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OAK #4823-2508-6159 v2

EXHIBIT A

SCOPE OF WORK
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OAK #4823-2508-6159 v2

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OAK #4823-2508-6159 v2
EXHIBIT B-1
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EXHIBIT A Scope of Services
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BUREAU VERITAS 111 SANTA ROSA AVENUE, SANTA ROSA, CA 95404 P 707.206.1265 | WWW.BVNA.COM

2. SERVICE CAPABILITIES & QUALIFICATIONS
06 Building Department Administration
As the largest code compliance firm in the United States, we have helped over 400 municipalities, counties, regional and state agencies handle their code compliance needs from fullservice building department administration to targeted, asneeded services. BVNA is your ideal partner to deliver quality service, technical proficiency, and responsiveness a public agency desires when faced with rapid development, budget constraints, and/or limited agency resources.

Having helped newly incorporated cities establish their departments and continue to manage their operations,
BVNA offers a full range of building department services including:
• Building Official
• Plan Review
• Permitting/Processing
• Counter Support
• Code Compliance
• Inspection
• Community Outreach
Partnering with BVNA provides the public agency with
immediate resources. As the demand on the agency
increases, BVNA supplements the agency with additional
resources. The result is an efficient and cost effective solution to providing the development community with a
high level of expertise and customer service.

These duties include, but are not limited to, the following • Full building administration services (issuance of
permits, certificates of occupancy, required City
record keeping, taking and responding to inspection
requests, performing plan reviews, enforcing pertinent
agency, County, state and federal regulations falling
within the purview of the building department
• Fire plan review and inspection
• Building official
• Generate plan review and inspection reports
• Enter all agency-required information into agency’s
permit tracking and reporting system
• Attend project review committee (PRC) meetings or any meetings related to the building department as required by the agency
• Prepare and submit a weekly plan review status report and a monthly plan review turnaround report as
specified by the agency
• Prepare a monthly inspection activity report
• Scan all non-residential approved plans and documents in accordance with the agency’s records management
procedures
• Assist agency with drafting and presenting of ordinances and resolutions
• Maintain and update, as necessary, public assistance
and code related handout materials
• Conduct community workshops to educate contractors,
homeowners, architects, engineers, etc.
• Participate as the extension of agency staff in emergency events
• Review and approval of any commercial testing or
special inspection reports required by codes for ongoing construction
• Assist in preparing and prioritizing budgets
Building Official
BVNA staff will work directly with City staff to prepare accurate interpretations of the Code requirements, to adopt and process new codes and their requirements, and to act as a general point of contact for the jurisdiction. The building official will provide the support and direction necessary to facilitate timely and efficient work amongst the jurisdictional staff and other departments.

Our staff is able to analyze applicable ordinances and
resolutions of jurisdictions and make recommendations
for approval of appropriate code adoptions, amended
as necessary in accordance with the applicable code, to implement an effective and compliant code enforcement
program. Our staff will keep current on applicable code requirements adopted at the state or federal levels and inform and implement as necessary to keep the jurisdiction compliant.

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BUREAU VERITAS 111 SANTA ROSA AVENUE, SANTA ROSA, CA 95404 P 707.206.1265 | WWW.BVNA.COM

2. SERVICE CAPABILITIES & QUALIFICATIONS
07 Our building official will attend staff, board, and council meetings as required and mutually agreed upon. This
individual will oversee other BVNA staff as well as provide guidance for City staff, applicants, designers, and contractors to navigate the code. Our building official and support team will be up to date on code changes and will assist in implementing those changes.

Typical duties of the building official can include:
• Manage and oversee the building department
• Guide inspectors and plans examiners on adopted
codes and local amendments
• Make recommendations regarding local amendments
and code adoption
• Serve as liaison between BVNA and the City
• Serve as liaison between the building department and
other City departments
• Attend meetings as requested and agreed upon
• Report building department activities as requested and agreed upon
• Assess applicant and client satisfaction
• Attend pre-submittal meetings when needed
• Assist in improving the processes and procedures of the building department, if requested
Building Department Plan Review
As the largest plan review firm in the United States,
we provide full-service code consulting and plan review services for compliance with a variety of codes, including the California Building, Plumbing, Electrical, Mechanical, Fuel Gas, Energy Conservation, and Fire Codes, as well as the National Electric Codes as adopted by each jurisdiction.

We have specific experience working through a variety of challenges, including (but not limited to) infill commercial development; adaptive reuse and change of occupancies
of existing buildings; retrofit of un-reinforced masonry or soft-story buildings; large commercial shopping centers and mixed-use multi-family developments; live-work projects; and high tech, research, and development facilities.

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BUREAU VERITAS 111 SANTA ROSA AVENUE, SANTA ROSA, CA 95404 P 707.206.1265 | WWW.BVNA.COM

2. SERVICE CAPABILITIES & QUALIFICATIONS
08 BV personnel have performed and managed plan review for thousands of projects. Project types include high-rise hotels and office buildings; institutional occupancies (including jails, shipping facilities, and room additions); single-family tract and custom homes; tilt-up shells; tenant improvements; and infrastructure (roads, wet and dry utilities). Our staff has considerable review experience of virtually any structure requiring permits, plan reviews, and inspections. Our large, licensed plan review staff enables us to manage numerous and complex projects simultaneously, as well as provide disciplinespecific plan reviews (e.g., structural, mechanical/plumbing, electrical, fire, access, street, drainage, map, civil infrastructure).

We offer the following plan review and inspection services:
• Architectural, fire & life safety
• Structural
• Energy code
• Accessibility requirements, including:
- Barrier free
- Disabled access
- CASp
- ADA
• Mechanical, electrical, and plumbing code
• Review and approval of alternative materials, design, and methods of construction
• Civil plans examination, including:
- Grading and drainage
- NPDES/SWPPP
- Development
- Infrastructure
- Water and wastewater
- Sewer
• Green building and LEED consulting
Plan Review Time Schedule
At your request, BV can provide plan review activities on a fast-track basis. Turnaround times for each submittal will relate to the size and nature of the project and its impact on the construction schedule. To reduce turnaround times for plan review, we use electronic submittals, phased
submittals, conference calling, and videoconferencing.

BV has built long-term partnerships with agencies. We
understand that accuracy, efficiency, and integrity in all aspects of professional services are required. Testimony to our professional excellence is the fact that we have provided services to many of our municipal clients since their incorporation. Because of our large pool of accessible resources, we can assemble experienced personnel in order to help with project schedule recovery when necessary. Our team maintains efficient turnaround times on all reviews as a key measurement of performance of our plan review services.

BV will also accommodate preliminary reviews to facilitate fast-tracked, or accelerated, projects. This aids with timely turnaround and enhances public relations. If applicants include designs that do not conform to the prescriptive requirements of the codes, the jurisdiction’s designee
will have final approval over the plan being reviewed. If requested, our staff will make recommendations for the
resolution. We are also available to meet with agency staff or others as needed to discuss our findings.

Electronic Plan Reviewing
Bureau Veritas provides an alternative solution to traditional plan checking. By utilizing Adobe Acrobat with electronic plan submittal and commenting, our plan reviewers can
quickly and accurately review plans for compliance with applicable codes; this allows for economical movement
of plans and quick turnaround, eliminating shipping time and costs. In this way, electronic plans with comments can be viewed and discussed with tenant, designer, and plans examiner as needed to resolve issues quickly and efficiently.

As part of this process, plans are first submitted as PDF files via a secure and confidential FTP site in which the client also has access. Our staff then reviews these plans and places comments and redlines directly on the plans, corresponding to areas needing revisions. Next, redlined plans with
comments are forwarded to, or placed on, the secure FTP site for the designers, engineers, and architects. Plans can then be revised and resubmitted via the same method
described.

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BUREAU VERITAS 111 SANTA ROSA AVENUE, SANTA ROSA, CA 95404 P 707.206.1265 | WWW.BVNA.COM

2. SERVICE CAPABILITIES & QUALIFICATIONS
09 Once all items are resolved, hard copy plans are sent to BV for approval stamps and signatures. Finally, these stamped and signed approved drawings are sent to the jurisdiction for permitting.

Transmittal of Plans and Correction Lists
BV assumes responsibility for the pickup and return of plans.

All plans shall be picked up from the jurisdiction offices within 24 hours of notification. Should the volume of work be sufficient, we propose to establish regular pickup of plans on a consistent basis. We will also utilize shipping courier at no additional cost to the jurisdiction.

Upon completion of each plan review, we will forward a
copy of the correction list to both the jurisdiction and the applicant by mail. When corrected plans are resubmitted, we will either follow the previous procedure, or the applicant may schedule an office visit to go over any corrections in person. BV will forward completed plans once they are
stamped and signed by BV staff. Our transmittal forms are customized for use unique to the specific jurisdiction.

Building Inspection
At Bureau Veritas, we are client-focused and customize
the work according to your specific needs. We can provide inspection services for a single project that presents unique complexities due to its construction or size, or we can provide enough staff to handle all inspection services for an entire jurisdiction. Our building inspection services can be adjusted to provide a high level of coordination specifically suited to the design-build concept. Our inspectors are ICC certified and have extensive experience in the construction trades. Fast-tracked projects may be built into small phases based on incremental design and fabrication steps. In
such cases, our inspection team keeps daily logs to track corrections and plan review changes.

BV’s inspection teams also provide on-call building
inspection services to cover staff vacation time, peak
workloads, specialized inspection activities, and any other situations that may arise. These activities may include nextday inspections and same-day response to important or urgent requests.

Bureau Veritas will provide the client with ICC certified personnel to provide the following services:

1.Read and study project specifications, plans, and
drawings to become familiar with project prior to
inspection, ensuring that structural or architectural
changes have been stamped as approved by
appropriate authority and recognizing the need for/
requiring of plan checks for electrical, plumbing, and
mechanical code requirements.

2.Perform and document inspections on construction
projects to determine that all aspects of the project,
such as foundations, building, electrical, plumbing, and mechanical systems, conform to the applicable building
codes, zoning ordinances, energy conservation, and
accessibility requirements, including known local, city, state, and federal requirements.

3. Review plans for building construction, plumbing, electrical, and mechanical details prior to making inspection.

4.Bring to the attention of the jurisdiction for approval of certain changes in building, plumbing, mechanical,
electrical, and related work consistent with code and
ordinance requirements.

5.Participate in reviews with fire, health, and other
government agency inspectors, as well as owners.

6.Maintain a record of non-complying items and follow up to resolution of such items.

7.Inspect existing buildings for substandard, unsafe
conditions, upon request.

Permit Technician Services
BV staff will work with the jurisdiction staff to seamlessly staff the public counter, issue counter permits, answer plan review or inspection questions, and assist the public with a high level of customer service. Our staff will be trained and proficient in the policies, procedures, and administrative and technical regulations of the jurisdiction. All staff members are familiar with various software systems and are able to answer questions pertaining to inspections, plan approvals, business license approvals, and certificates of occupancy.

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BUREAU VERITAS 111 SANTA ROSA AVENUE, SANTA ROSA, CA 95404 P 707.206.1265 | WWW.BVNA.COM

2. SERVICE CAPABILITIES & QUALIFICATIONS
010
Permit technician services may include:
• Interfacing with the public, internal staff, and related departments
• Review of permit applications for completeness
• Acceptance and routing of plans
• Calculation and/or fee collection
• Issuance of permits
• Review and issuance of counter permits, when authorized • Maintenance of permit records
• Use of jurisdiction permitting programs and/or software, where applicable
Fire Plan Review
Our staff will consult closely with the Fire Chief/Fire Marshal or this person’s designated representative on any areas which require code interpretation or where alternate methods
are being proposed and considered. Our proposed fire
plan review engineers have specific experience working
within multiple types of facilities to ensure compliance with applicable codes, standards, and amendments,
including CFC, CBC, the Adopted National Fire Protection Standards, the California Health & Safety Codes, CSFM,
and U.L. Our experience includes written comments and
verbal communication with applicants to better understand requirements and provide direction for compliance, as well as close communication with fire departments to clarify policies, code interpretations, plan review status, and procedures.

Bureau Veritas staff have reviewed hundreds of projects for fire safety components, including NFPA 13, NFPA 72, and NFPA 101, among others. Example projects in which our
reviewers have worked include The Village at Bella Terra in Huntington Beach, Lifetime Fitness in Roseville, and Sysco Food Services Expansion in Sutter County. All personnel assigned to your project will have the necessary materials, resources, and training available to conduct plan reviews, including copies of applicable local amendments, policies, procedures, and forms.

Fire Inspections
BV can place an experienced fire inspector for a single project or to augment existing staff to cover staff vacations and other leaves of absence. We can even provide all fire inspection on a daily basis. Systems and components we
inspect include (but are not limited to):
• Fire sprinklers, including systems beginning at property line, as directed
• Fire pumps
• Fire alarm systems
• Automatic suppression systems, including Halon,
FM200, and CO2
• Hoods
• Duct extinguishing systems
• Exits
• Emergency lighting
• Voice evacuation systems
• Fire permit inspections
Additionally, we can provide regular inspections of all aspects of the fire permit requirements, whether annually, biannually, triennially, every five years, or any other length of time as mandated by the adopted codes.

Engineering Plan Review Services
As a result of our extensive experience providing
development review and processing services to public
agencies, we are able to evaluate those qualities which are essential to providing effective review services.

Foremost among these are the following:
• A thorough command of the adopted design standards
for drainage and streets, as well as NPDES-enhanced
Clean Water Act requirements
• Clear, friendly, and articulate communication with the applicant
BV has developed a successful approach to providing
development review services to achieve these goals.

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BUREAU VERITAS 111 SANTA ROSA AVENUE, SANTA ROSA, CA 95404 P 707.206.1265 | WWW.BVNA.COM

2. SERVICE CAPABILITIES & QUALIFICATIONS
012
• Review horizontal and vertical alignment of streets for conformity to the applicable street design standards
• Check pavement structural section against geotechnical recommendations
• Review storm and sanitary sewer systems and
hydrology/hydraulic calculations
• Review water distribution system for fire hydrant and valve spacing
• Check streetlight spacing and location for potential
conflicts
• Review underground utilities for crossing clearances and conflicts
• Review for compliance with outside agency requirements • Review quantities, estimates, and schedules
Prompt turnaround of quality plan reviews is the hallmark of our service. Ideally, the review process involves no more than two plan submittals, perhaps three under extraordinary circumstances. To achieve this, it is important for the plan reviewer to see the “big picture” during the approval process and to expedite the review, while assuring adherence to all adopted standards and requirements.

Development Review & Entitlement
Processing
Accurate, Timely Civil Engineering Plan & Final Map Reviews Facilitating land development projects requires a strong publicprivate partnership. Project momentum must be balanced with engineering, water quality, traffic, public safety, and final map plans that comply with applicable codes, requirements, and design standards. The various parties need impartial counsel from Registered Engineers and Land Surveyors, as well as quick turnaround review comments in a seamless manner.

Development review and entitlement processing involves
working seamlessly with the public agency and developer in the preliminary planning stages to facilitate development agreements along with the review of civil engineering plans and maps for conformity with conditions of approval along with local and other applicable ordinances and standards. All work is performed under the direction of a Registered Civil Engineer or Land Surveyor. BV utilizes proven best practices, staff specialists, and comprehensive web-based tools to provide timely review, responsiveness, and accurate and detailed review comments.

Map Review
Final Maps and Parcel Maps
Review final maps and parcel maps for conformity to the requirements of the Subdivision Map Act, the Land Surveyors Act, the Municipal Code and ordinances, the approved
tentative map, and any conditions of approval which have been set by the Planning Commission.

Reversions to Acreage
Review reversions to acreage maps prepared pursuant to
§66499.11 of the Subdivision Map Act.

Lot Line Adjustments and Parcel Mergers
Review legal descriptions prepared to affect lot line
adjustments pursuant to §66412(d) and parcel mergers
pursuant to §66451.10 of the Subdivision Map Act.

Legal Descriptions and Plats
Review and/or prepare legal descriptions and plats for rightof-way takes and easements or for other purposes when necessary.

Certificates of Correction
Review proposed map amendments and Certificates of
Correction prepared pursuant to §66469 of the Subdivision Map Act.

Flood/Floodplain Management
BV provides comprehensive inspection and review of
projects proposed within the designated floodplain. We
review plans for compliance with federal, state, and local adopted regulations and practices. Plan review will consider FIRM map designations; Flood Plain Elevation Certificate review; and any LOMA, LOMR, or CLOMRs appropriately
approved for the proposed project. Floodplain resistant construction will be plan checked and inspected in
accordance with adopted regulations and standards as well as any pertinent FEMA technical bulletins.

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BUREAU VERITAS 180 Promenade Circle, Suite 150, Sacramento, CA 95834 P 916.725.4200 | E [email protected] | www.us.bureauveritas.com

EXHIBIT B HOURLY RATE SHEET
1 Bureau Veritas’ pricing reflects our commitment to the success of your project by helping you maintain significant quality and cost saving benefits moving forward. Our rates include services for professional building official, plan check and building inspection services on an as-needed basis.

These include:
• Reduced plan review turnaround times
• Implementation of established electronic plan review processes • Confidence of working with a well-established consultant in business for 194+ years

PLAN REVIEW FEES

1. 75% of the plan review fee charged by the city as per the City of Calistoga fee schedule.

Percentage includes the initial review plus 2 re-checks. Any additional reviews, revisions to approved plans, or extra scope will be charged at the hourly rates below.

SERVICE FEES
Classification Role Billing Rates

2. Building Official $140.00/hr

3. Senior Inspector $125.00/hr

4. Inspector $95.00/hr

5. Plan Review (Off-site) 75%

AVAILABLE SERVICES AND HOURLY BILLING RATES
Classification Role Hourly Billing Rate

6. Senior/Structural Plan Check Engineer $135.00/hr

7. Fire Marshal $135.00/hr

8. MEP Plan Check Engineer $120.00/hr

9. Fire Protection Engineer $135.00/hr

10. CASp $120.00/hr

11. ICC Plans Examiner $105.00/hr

12. Fire Plans Examiner/Inspector $125.00/hr

13. Code Enforcement $115.00/hr

14. Permit Technician $65.00/hr
All employees classified as “non-exempt” by the U.S. Department of Labor will be compensated at 1-1/2 times salary for overtime hours as per State and Federal wage and hour laws. No overtime will be charged without prior consent.

Reimbursement for employee-owned vehicles used in connection with the work will be at the current IRS rate. Fees will be valid from July 1, 2022 – December 31, 2023.

CITY OF CALISTOGA, PROFESSIONAL BUILDING OFFICIAL,

PLAN CHECK AND BUILDING INSPECTION SERVICES
JULY 28, 2022

FEE SCHEDULE
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City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Jeff Mitchem, Planning & Building Director
Meeting: City Council - Oct 18 2022
Subject: Resolution approving a Final Map for Calistoga Hills Resort (TM 2019-1) and a First Amendment to On-Site Remediation and Reimbursement Agreement DESCRIPTION:

Consider adopting a Resolution (Attachment 1) approving (i) a Final Map (Attachment 2) to create 13 single-family residential estate lots, 20 residential villa lots, 3 resort lots and 7 forest reserve parcels on approximately 100.8+/- acres at 515 Foothill Boulevard (011-310-031 through 011-310-041 and 011-310-044; 011-320-007; 011-320-039 through 011-320-069; and 011-310-024); and (ii) a First Amendment to On-Site Remediation and Reimbursement Agreement (Attachment 3) to provide security for Developer’s obligation to pay On-Site Remediation Costs incurred by City.

RECOMMENDATION:

Adopt the Resolution.

BACKGROUND/SUMMARY:

On August 21, 2012, the City Council approved the Vesting Tentative Subdivision Map Resolution 2012-63 13 single-family residential estate lots, 20 residential villa lots, 3 resort lots,7 forest reserve parcels, and 1 open space parcel on approximately 88 acres at 515 Foothill Boulevard (011-310-031 through 011-310-041 and 011-310-044; 011-320-007; 011-320-039 through 011-320-069; and 011- 310-024). On November 28, 2018, the Planning Commission approved the Vesting Tentative Map Amendment Resolution 2018-22 to expand the project boundary to include a 12.32-acre portion of a neighboring property to the northwest and incorporated this area into the Resort parcel through a lot line adjustment. Through this acquisition the overall project site was increased to a total of 100.8+/- acres.

The Developer has prepared the Final Map which has been reviewed for conformance with the conditions of approval specified in Resolutions 2012-63 and 2018-22, the Calistoga Municipal Code, the State Subdivision Map Act, and it has been found to substantially conform with the approved Vesting Tentative Map.

Once a Final Map has been submitted that conforms to all requirements, its approval becomes a quasi-ministerial act with little room for discretionary action. Both the Calistoga Municipal Code (CMC

16.10.080) and the State Subdivision Map Act (66458) stipulate that the Council approve a Final Map if it conforms to the conditions of approval, and the requirements of the State and local codes.

Improvement plans have been submitted and reviewed by the City Engineer in conformance with the Conditions of approval and have been, or are ready to be, approved. Building permits have been issued and all improvements comply with all stipulated requirements herein.

Item #6.6.

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Calistoga Hills Resorts, LLC (“Developer”) and the City of Calistoga (“City”) entered into an On-Site Remediation and Reimbursement Agreement, dated August 17, 2016 (“Agreement”), for the purpose of securing the Developer’s obligation to pay any on-site remediation costs incurred by the City. The Agreement defines “On-Site Remediation Work” to include, but not be limited to, soil stabilization and compaction, planting of trees/vegetation, hydro-seeding, installation of storm water treatment systems, retaining walls and/or other related construction reasonably necessary to restore any aspect of the project property to its natural state in the event that (a) the property is disturbed by Developer’s construction of the project improvements and other construction activities on the property, and (b) the Developer stops or otherwise fails to complete construction of the project improvements. With the passage of time, City staff determined that the amount of $527,160 securing the Developer’s obligation for the On-Site Remediation Costs is inadequate to protect the City. Accordingly, the First Amendment to On-Site Remediation and Reimbursement Agreement (“First Amendment”) is proposed to provide an increased amount of security for the City and authorize alternative forms of security (i.e., bond, letter of credit, certificate of deposit). The final estimate has not yet been determined. Therefore, staff is recommending that the City Council authorize the City Manager to execute the First Amendment upon the City Engineer’s final determination of the estimated cost of On-Site Remediation Work.

The attached resolution approves the Final Map, directs the City Clerk to certify the Council’s action on the map and authorizes the Public Works Department to have the Final Map recorded concurrently with the recording of the First Amendment to On-Site Remediation and Reimbursement Agreement upon its full execution.

CEQA STATUS:

On August 21, 2012, the City Council adopted Resolution 2012-061 certifying the Final Environmental Impact Report, adopting a Mitigation Monitoring and Reporting Program under the California Environmental Quality Act, and adopting findings of fact and a Statement of Overriding Considerations.

FINANCIAL IMPACT:

The approval of the Final Map itself has no direct fiscal impact to the City’s General or Operating Funds. Fiscal impacts of the development are offset through the payment of impact and mitigation fees, connection fees and charges for services.

ATTACHMENT(S):

ATTCH 1 CC RESO 2022-XX
ATTCH 3 First Amendment to On-Site Remediation Agreement APPROVAL(S):

Laura Snideman, City Manager Approved - Oct 11 2022
Marni Rittburg, City Clerk Approved - Oct 11 2022
Item #6.6.

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RESOLUTION 2022-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA,

COUNTY OF NAPA, STATE OF CALIFORNIA APPROVING A FINAL MAP FOR THE CALISTOGA HILLS RESORT (TM 2019-1) AND A FIRST

AMENDMENT TO ON-SITE REMEDIATION AND REIMBURSEMENT

AGREEMENT
WHEREAS, the Final Map for the division of lands of Calistoga Hills Resort LLC (formerly known as Enchanted Resorts) (“Applicant”) has been presented to the City of Calistoga for approval; and
WHEREAS, said Final Map subdivides a 100.8+/- acre parcel into 13 singlefamily residential estate lots, 20 residential villa lots, 3 resort lots, 7 forest reserve parcels, and 1 open space parcel;
WHEREAS, on August 21, 2012, the City Council approved the Vesting Tentative Subdivision Map Resolution 2012-63; and
WHEREAS, on November 28, 2018, the Planning Commission approved the Vesting Tentative Map Amendment Resolution 2018-22 to expand the project boundary; and
WHEREAS, said Final Map is substantially the same as the approved Tentative Map as amended and is in substantial conformance with said Tentative Map as amended and all conditions of approval; and
WHEREAS, said Final Map conforms to the requirements of the State Subdivision Map Act and the Calistoga Municipal Code; and WHEREAS, improvement plans have been reviewed and approved by the City Engineer; and
WHEREAS, the City and Applicant desire to enter into a First Amendment to OnSite Remediation and Reimbursement Agreement for the purpose of increasing the amount securing Applicant’s obligations therein.

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

1. The City Clerk is directed to certify the Council’s action on the Final Map.

2. The City Manager is authorized and directed to execute the First Amendment to On-Site Remediation and Reimbursement Agreement in the form presented with this Resolution, upon the City Engineer’s determination of the final estimate of costs to be secured to the satisfaction of the City Manager and the City Engineer.

3. The Public Works Department is authorized to have the Final Map recorded, concurrently with the First Amendment to On-Site Remediation and Reimbursement Agreement upon its full execution, with the Napa County Recorder’s Office.

Item #6.6.

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CC Resolution No. 2022-XX
Calistoga Hills Final Map

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PASSED, APPROVED AND ADOPTED this 18th day of October, 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 role call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:
_________________________
Marni Rittburg, City Clerk Chris Canning, Mayor
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ATTACHMENT 3

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IRV #4891-1677-1896 v1

RECORDING REQUEST BY AND
WHEN RECORDED MAIL TO:

CITY OF CALISTOGA

CITY CLERK
1232 WASHINGTON STREET
CALISTOGA, CA 94515
(Space Above This Line for Recorder’s Use Only)
Exempt From Recording Fees Section 27383

FIRST AMENDMENT TO ON-SITE REMEDIATION AND REIMBURSEMENT AGREEMENT FOR CALISTOGA HILLS RESORTS, LLC.

This First Amendment to On-Site Remediation and Reimbursement Agreement (“First Amendment”), effective as of the date of last execution (“Effective Date”), is made by and between the CITY OF CALISTOGA, a general law city and a municipal corporation (“City”), and CALISTOGA HILLS RESORTS, LLC (“Developer”). City and Developer are sometimes referred to individually as a “Party” and collectively as the “Parties” with reference to the following facts and intentions.

RECITALS
A. Whereas, Developer and City entered into the that certain On-Site Remediation and Reimbursement Agreement, dated as of August 17, 2016 (“Agreement”), for the purpose of providing security for any On-Site Remediation Costs (as defined in the Agreement) incurred by the City in connection with the Agreement which are not paid by Developer.

B. Whereas, pursuant to Section 3 of the Agreement, Developer has secured On-Site Remediation Costs that may be incurred by the City with a certificate of deposit issued by Bank of America in the amount of approximately $527,160 (the “Certificate of Deposit”).

C. Whereas, the Parties now concur that the amount of the Certificate of Deposit is inadequate to reimburse the potential On-Site Remediation Costs that could be incurred by the City.

D. Whereas, the Parties have determined that it would be mutually beneficial to prepare and execute this First Amendment to amend the amount of the security and authorize alternative methods of securing the obligation.

Item #6.6.

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ATTACHMENT 3

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IRV #4891-1677-1896 v1

AGREEMENT
NOW, THEREFORE, in consideration of their mutual covenants and conditions, the sufficiency of which is hereby acknowledged, the Parties agree as follows:

1. Recitals. The above recitals incorporated herein by reference and are true, correct, and material to this Agreement.

2. Capitalized Terms. Capitalized terms not defined herein shall have the meaning as defined in the Agreement.

3. Amendment. Section 3 of the Agreement is amended to read as follows:
“3. On-Site Remediation Costs Incurred by the City.

3.1 Required Security.

At the time Developer executes this Agreement, Developer shall furnish to the City a bond, letter of credit, instrument of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 3 below (hereinafter “Security Instrument”) for the purpose of securing Developer’s obligation to pay City for any On-Site Remediation Costs incurred by City. The Security Instrument shall be in the amount of $____________ equal to 100% of the estimated cost referenced above.

3.2 Form of Security.

The Security Instrument shall be in the amount required under Section 3.1 and shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney:
(a) Bond. For a Security Instrument provided in the form of a bond, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best’s Key Rating Guide published by A.M. Best’s Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody’s or Standard & Poor’s.

Item #6.6.

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ATTACHMENT 3

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IRV #4891-1677-1896 v1
(b) Letter of Credit. For a Security Instrument which is a letter of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Developer is in default under its payment or performance obligations hereunder or in the event Developer fails to deliver a replacement letter of credit not less than thirty (30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 3.4.
(c) Instrument of Credit. For a Security Instrument which is an Instrument of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Developer’s interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for the Security Instrument.
(i) Payments under the Security Instrument shall be
required to be made (and, with respect to bonds,
litigation shall be required to be instituted and
maintained) in Napa County, State of California
(and the Security Instrument shall so provide).
(ii) The Security Instrument shall have a minimum term
of one (1) year after the deadline for Developer’s
completing the Project Improvements, in
accordance with Section 2.1 (other than an
Instrument of Credit, which shall have no defined
term or expiration date).
(iii) The Security Instrument shall provide that changes may be made in the Project Improvements pursuant
to the terms of this Agreement without notice to any
issuer or surety and without affecting the
obligations under the Security Instrument.
(iv) If the Developer seeks to replace the security with another security, the replacement shall: (1) comply
with all the requirements for security in this
Agreement; (2) be provided by the Developer to the
City Engineer; and (3) upon its written acceptance
by the City Engineer, be deemed a part of this
Agreement. Upon the City Engineer’s acceptance of
Item #6.6.

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ATTACHMENT 3

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IRV #4891-1677-1896 v1
a replacement security, the former security may be
released by the City.

3.3 Developer’s Liability. While no action of Developer shall be required in order for City to realize on its security under any Security Instrument, Developer agrees to cooperate with City to facilitate City’s realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Developer shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the On-Site Remediation Work required under this Agreement and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 3.

3.4 Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section

3.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City’s sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the
initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit.
(b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Developer. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter, at any time, elect instead to apply such funds as provided in the foregoing. Developer agrees and hereby
grants City a security interest in such account to the extent required for City to realize on its interests therein, and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City’s security interest in such account.

Item #6.6.

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ATTACHMENT 3

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IRV #4891-1677-1896 v1

3.5 Release of Security Instruments. The City shall release the Security Instrument as follows:
(a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument
when all of the following have occurred:
(i) Developer has made written request for release and
provided evidence of satisfaction of all other
requirements in this Section 3.5; and
(ii) the Project Improvements have been completed to
the satisfaction of the City Engineer.
(b) The City may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney’s fees.”

5. This First Amendment contains the entire agreement between the parties and cannot be changed, modified or amended unless such change, modification or amendment is in writing and executed by the party against whom the enforcement of such change, modification or amendment is sought. Wherever in the Agreement or this First Amendment the term “Agreement” is used, it shall be deemed to refer to the Agreement as amended by this First Amendment.

6. If any provision of this First Amendment shall be invalid or unenforceable, the remainder of the provisions shall not be affected thereby and each and every other provision of this First Amendment shall be enforceable to the fullest extent permitted by law.

7. Except as set forth in this First Amendment, all of the terms and conditions of the Agreement shall remain unmodified and in full force and effect. To the extent of any inconsistency between the terms and conditions of the Agreement and the terms and conditions of this First Amendment, the terms and conditions of this First Amendment shall control.

8. This First Amendment may be executed simultaneously in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. For purposes of this First Amendment, signatures by facsimile or electronic PDF shall be binding to the same extent as original signatures. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
[SIGNATURES APPEAR ON NEXT PAGE]
Item #6.6.

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ATTACHMENT 3

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IRV #4891-1677-1896 v1
IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment as of the Effective Date.

CITY OF CALISTOGA CALISTOGA HILLS RESORT LLC
By: ________________________ By: __________________________ Print Name: _________________ Print Name: ___________________ Print Title: __________________ Print Title: ____________________ Date:_______________________ Date:________________________ Item #6.6.

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ATTACHMENT 3

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IRV #4891-1677-1896 v1

ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of ______________
On ______________ before me, ____________________________ (insert name and title of the officer), personally appeared ____________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ____________________________. (Seal)
Item #6.6.

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ATTACHMENT 3

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IRV #4891-1677-1896 v1

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ____________________________. (Seal)
Item #6.6.

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COPYRIGHT © BKF ENGINEERS
OF THE LANDS OF CALISTOGA HILLS RESORT, INC. AS
DESCRIBED IN DOCUMENT NO 2015-0019643, AND THE LANDS OF ENCHANTED RESORTS, INC. AS DESCRIBED IN DOCUMENT NUMBER 2009-0002273, 1997-023645, AND 1998-010818, OFFICIAL

RECORDS OF NAPA COUNTY, BEING A MERGER AND RESUBDIVISION OF DIAMOND HILL ESTATES FILED IN BOOK 25 OF MAPS AT PAGES 12-20, NAPA COUNTY RECORDS

ENGINEERS / SURVEYORS / PLANNERS

OWNER'S STATEMENT
THE UNDERSIGNED (THE “OWNER”) DOES HEREBY STATE THAT IT IS THE ONLY PARTY HAVING

RECORD TITLE INTEREST IN THE REAL PROPERTY EMBRACED WITHIN THE DISTINCTIVE BORDER UPON SHEET 3 OF THAT CERTAIN MAP ENTITLED “CALISTOGA HILLS RESORT”, CITY OF CALISTOGA, NAPA COUNTY, CALIFORNIA. THIS STATEMENT BEING ON SHEET 1 OF 14 SHEETS OF SAID MAP; THAT IT CONSENTS TO THE PREPARATION AND FILING OF SAID MAP, THAT PARTICULARLY SETS FORTH THE DIMENSIONS OF ALL LOTS INTENDED FOR SALE; AND EACH LOT IS DESIGNATED THEREON BY A NUMBER.

THE SAME UNDERSIGNED HEREBY DEDICATES TO THE CITY OF CALISTOGA THE REAL PROPERTY DESCRIBED BELOW:
1) THE AREAS DESIGNATED AS “EVAE” EMERGENCY VEHICLE ACCESS EASEMENT 2) THE AREAS DESIGNATED AS “PUE” PUBLIC UTILITY EASEMENT 3) NON-EXCLUSIVE PRIVATE ACCESS AND UTILITY EASEMENT WHICH IS DESIGNATED ON THIS MAP AS “PRAUE”.

THE SAME UNDERSIGNED HEREBY RETAINS OWNERSHIP OF THE FOLLOWING DESIGNATED AREAS (“DESIGNATED AREAS”) WHICH SHALL BE EXCLUSIVELY AND PRIVATELY OWNED AND MAINTAINED BY THE OWNER:
1) THE AREAS DESIGNATED AS PARCELS A, B, C, D, E, F, AND G AS FOREST RESERVE 2) THE AREA DESIGNATED AS PARCEL H, AS OPEN SPACE.

AFTER THE RECORDATION OF THIS MAP, OWNER SHALL RETAIN AND MAINTAIN THE FOLLOWING

DESIGNATED AREAS AS DEFINED AND DESCRIBED IN THE DECLARATION FOR THE PROPERTY THAT IS SUBJECT TO THIS MAP. HOWEVER, IN ACCORDANCE WITH ANY TERMS AND CONDITIONS SET

FORTH IN THE DECLARATION, OWNER HAS AND RESERVES THE RIGHT TO CONVEY OR OTHERWISE

TRANSFER ANY OR ALL OF THE DESIGNATED AREAS TO THE RESORT ASSOCIATION, AND

FOLLOWING SUCH CONVEYANCE OR OTHER TRANSFER, SUCH DESIGNATED AREAS SHALL BE EXCLUSIVELY AND PRIVATELY OWNED AND MAINTAINED BY THE RESORT ASSOCIATION:

PARCELS A, B, C, D, E, F, AND G WHICH ARE DESIGNATED ON THIS MAP AS FOREST RESERVE; AND
3) PARCEL H WHICH IS DESIGNATED ON THIS MAP AS OPEN SPACE.

IN WITNESS THEREOF, THE UNDERSIGNED HAS CAUSED ITS NAME TO BE SUBSCRIBED THIS_________DAY OF ________________________ 2022

CALISTOGA HILLS RESORT LLC, A DELAWARE LIMITED LIABILITY COMPANY, SUCCESSOR IN INTEREST TO CALISTOGA HILLS RESORT INC., A DELAWARE CORPORATION, AS SUCCESSOR IN INTEREST TO ENCHANTED RESORTS, INC., A DELAWARE CORPORATION.

BY:_____________________________

DANIEL SEDLMAYER

AUTHORIZED SIGNATORY

OWNER'S ACKNOWLEDGEMENT

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE

IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STATE OF CALIFORNIA
COUNTY OF __________________________ ON _____________________, BEFORE DATE
ME, _________________________________________________________________

HERE INSERT NAME AND TITLE OF THE OFFICER
PERSONALLY APPEARED _________________________________________________

NAME(S) OF SIGNER(S)
_____________________________________________________________________

WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE

NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT

HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT

BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND AND OFFICIAL SEAL:
__________ _______________ ______________________

SIGNATURE OF NOTARY PUBLIC EXPIRATION DATE
__________ _______________ ______________________
PRINT NAME COMMISSION NO.
__________ _______________

NOTARY PUBLIC PHONE NUMBER

SURVEYOR'S STATEMENT

THIS MAP WAS PREPARED BY ME, OR UNDER MY DIRECTION AND IS BASED UPON A FIELD

SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF CALISTOGA HILLS RESORT, INC IN SEPTEMBER, 2022. I

HEREBY STATE THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED OR THAT THEY WILL BE SET IN THOSE POSITIONS BEFORE DECEMBER 2024, AND

THAT MONUMENTS ARE, OR WILL BE, SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED AND

THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVE TENTATIVE MAP.

DATE ____________________ ___________________________________ JASON KIRCHMANN, PLS 8806

CITY ENGINEER'S/SURVEYOR'S STATEMENT

I HEREBY STATE THAT I HAVE EXAMINED THE MAP OF THIS SUBDIVISION AND FOUND IT TO

SUBSTANTIALLY CONFORM TO THE APPROVED TENTATIVE MAP AND ANY APPROVED AMENDMENTS

THEREOF, AND THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT OF THE STATE OF

CALIFORNIA AND AMENDMENTS THERETO AND OF ANY LOCAL ORDINANCES APPLICABLE AT THE

TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH, AND AM SATISFIED THE THE MAP IS TECHNICALLY CORRECT. I HEREBY ACCEPT THE FOLLOWING EASEMENTS FOR PUBLIC PURPOSES: EMERGENCY VEHICLE ACCESS EASEMENT (EVAE), AND PUBLIC UTILITY EASEMENT (PUE), AS SHOWN ON SAID MAP, WITHIN SAID SUBDIVISION. ________________________________ _______________
DEREK RAYNER , RCE 60941, DATE

CITY ENGINEER, CITY OF CALISTOGA

I HEREBY STATE THAT I HAVE EXAMINED THE MAP OF THIS SUBDIVISION ON BEHALF OF THE CITY OF CALISTOGA AND AM SATISFIED THAT THE MAP IS TECHNICALLY CORRECT.

DATE ____________________ ____________________________________ PAUL M. BROWN, PLS 56087

CITY OF CALISTOGA

STATE OF CALIFORNIA

CITY CLERK'S CERTIFICATE

I, KATHY FLAMSON, CITY CLERK OF THE CITY OF CALISTOGA, STATE OF CALIFORNIA, HEREBY CERTIFY THAT ON THE ___ DAY OF ____________, 20__, THE MAP ENTITLED “FINAL MAP OF CALISTOGA HILLS RESORT” WAS FILED WITH THE CITY COUNCIL AS REQUIRED BY LAW, THAT BY RESOLUTION DULY ADOPTED AT A REGULAR MEETING HELD ON THE ____ DAY OF __________, IN THE YEAR OF 20__, SAID COUNCIL APPROVED THE SAID MAP AND ACCEPTS ON BEHALF OF

THE PUBLIC FOR PUBLIC USE, THE PUBLIC EASEMENTS AND PUBLIC IMPROVEMENTS, SUBJECT

TO CONSTRUCTION, AS SHOWN ON SAID MAP AND AS REFLECTED IN CITY COUNCIL RESOLUTION 2018-22.

IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF THE CITY OF CALISTOGA THIS ____ DAY OF ____________________, 20__. ______________________________

KATHY FLAMSON

CITY CLERK, CITY OF CALISTOGA

STATE OF CALIFORNIA
Item #6.6.

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RECORDS OF NAPA COUNTY, BEING A MERGER AND RESUBDIVISION OF DIAMOND HILL ESTATES FILED IN BOOK 25 OF MAPS AT PAGES 12-20, NAPA COUNTY RECORDS

ENGINEERS / SURVEYORS / PLANNERS

COUNTY TAX COLLECTOR AND REDEMPTION OFFICER CERTIFICATE

I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF MY OFFICE THERE ARE NO LIENS FOR

UNPAID STATE, COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS

TAXES (EXCEPT TAXES OR SPECIAL ASSESSMENTS NOT YET PAYABLE) AGAINST ANY PART OF

THE LAND INCLUDED IN THE WITHIN SUBDIVISION, THAT SECURITY IN THE AMOUNT OF ___________________ HAS BEEN FILED WITH THE COUNTY TAX COLLECTOR AND REDEMPTION

OFFICER TO GUARANTEE THE PAYMENT OF ALL TAXES AND ASSESSMENTS COLLECTED AS TAXES

WHICH ARE NOW A LIEN AGAINST THE PROPERTY IN THE WITHIN SUBDIVISION BUT WHICH ARE NOT PAYABLE.
________________________ ______________________
TAMIE R. FRASIER DATE

COUNTY TAX COLLECTOR AND

REDEMPTION OFFICER
________________________ ______________________
DEPUTY

COUNTY RECORDER'S CERTIFICATE
THIS MAP ENTITLED "FINAL MAP OF CALISTOGA HILLS RESORT" IS HEREBY ACCEPTED FOR

RECORDATION SHOWING CLEAR TITLE AS PER LETTER OF TITLE MADE BY _______________________ DATED THE ________ DAY OF _______________, 20__, AND AFTER

EXAMINING THE SAME, I DEEM THAT SAID MAP COMPLIES WITH THE PROVISIONS OF CHAPTER 670 OF THE STATUTES AND SUBDIVISION REGULATION ADOPTED PURSUANT THERETO.

FILED AT THE REQUEST OF CALISTOGA HILLS RESORT, LLC, AT ______ MINUTES PAST ________ ON THE
___________ DAY OF ______________________, 20____, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF NAPA, STATE OF CALIFORNIA, IN BOOK ______ OF MAPS, AT PAGE(S) ____________.

FEE PAID ______________________.
___________________________________

JOHN TUTEUR

NAPA COUNTY RECORDER
___________________________________

DEPUTY COUNTY RECORDER
Item #6.6.

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scale 1" = 200'
200 0 200
feet
400

RECORD DATA
R1 DIAMOND HILL ESTATES
25 RM 12-20
R2 RECORD OF SURVEY OF THE LANDS OF
RODNEY FRIEDRICH, ET. AL.
27 RS 72-73
R3 RECORD OF SURVEY OF THE LANDS OF DAVID BUSK
46 RS 62-63
R4 PARCEL MAP NO. 2533
6 PM 35
R5 PARCEL MAP NO. 2748
7 PM 81
R6 RIGHT OF WAY RECORD MAP
R82015
R7 RIGHT OF WAY RECORD MAP
R82016
R8 RIGHT OF WAY RECORD MAP
R82017
R9 RECORD OF SURVEY OF THE LANDS OF JOHN D. BUSK.

MAP NO. 4000
25 RS 65
R10 LOT LINE ADJUSTMENT
DN 2015-0019643
NOTES
ALL DISTANCES AND DIMENSIONS ARE SHOWN IN FEET AND DECIMALS THEREOF.

RECORDTITLEINTERESTAND ENCUMBRANCESWERE BASEDON A TITLEREPORT PREPAREDBY OLD REPUBLICTITLE COMPANY,JULY 13, 2022, ORDER NO. 0530025939-TD.

THE ENGINEER DOES NOT ASSUME LIABILITY FOR TITLE SEARCH.

ALL TIES ARE PERPENDICULAR UNLESS OTHERWISE SHOWN.

SEE SHEET14 FOR LOT AREASAND ALL LOCALAGENCYREQUIREDINFORMATION AFFECTING THIS SUBDIVISION.

ALL PARCELS INTERIOR TO THE EXISTING DIAMOND HILL ESTATES SUBDIVISION (25 RM 12-20) WILL BE MERGED.

ABANDONMENT NOTE
A. THE FOLLOWINGPUBLICEASEMENTIS HEREBYABANDONEDPURSUANTTO:

CALIFORNIAGOVERNMENTCODE SECTIONS66499.20.2,AND 51070 TO 51094,BY THIS WRITTENNOTATION,BY OMISSIONFROM THIS MAP, AND BY CERTIFICATION OF THE CLERK OF THE CITY COUNCIL OF CALISTOGA:

ALL OF THE OPEN SPACE AND CONSERVATION EASEMENT, AS
CREATED ON THE MAP FILED IN BOOK 25 OF MAPS, PAGE 12
THROUGH 20, THAT LIES WITHIN THE LIMITS OF THIS
SUBDIVISION MAP.

B. THE OPEN SPACE AND CONSERVATIONEASEMENT,ABANDONEDABOVE,IS

HEREBYREPLACEDBY A NEW OPEN SPACE AND CONSERVATIONEASEMENT

CREATED IN THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS TO BE RECORDED CONCURRENTLY WITH THE FINAL MAP.

FOOTHILL BLVD (HWY 29)

PINE ST
COPYRIGHT © BKF ENGINEERS

IS THE SOUTHWEST LINE OF THE FINAL MAP OF DIAMOND ESTATES, FILED APRIL 21, 2005, IN BOOK 25 OR RECORD MAPS AT PAGES 12-20, NAPA COUNTY RECORDS, TAKES AS NORTH 66°12'20" WEST, BASED UPON MONUMENTS AS SHOWN HEREON.

SEE SHEET 4 FOR DETAILS, LINE AND CURVE TABLES, AND LEGEND SEE SHEET 5 FOR INDEX SHEET
OF THE LANDS OF CALISTOGA HILLS RESORT, INC. AS
DESCRIBED IN DOCUMENT NO 2015-0019643, AND THE LANDS OF ENCHANTED RESORTS, INC. AS DESCRIBED IN DOCUMENT NUMBER 2009-0002273, 1997-023645, AND 1998-010818, OFFICIAL

RECORDS OF NAPA COUNTY, BEING A MERGER AND RESUBDIVISION OF DIAMOND HILL ESTATES FILED IN BOOK 25 OF MAPS AT PAGES 12-20, NAPA COUNTY RECORDS

ENGINEERS / SURVEYORS / PLANNERS
Item #6.6.

Page 73 of 144 ends

LEGEND

SUBDIVISION BOUNDARY

INTERIOR LOT LINE

CENTERLINE

EASEMENT

SURVEY TIE

FOUND IRON PIPE, SIZED & TAGGED AS NOTED

FOUND REBAR, SIZED & TAGGED AS NOTED
SET 1/2" IRON PIPE, TAGGED PLS 8806

CALC CALCULATED

DN DOCUMENT NUMBER

IFO IN FAVOR OF

IP IRON PIPE
O.R. OFFICIAL RECORDS
N.C.R. NAPA COUNTY RECORDS

M MEASURED

RM RECORD MAP
( ) RECORD DATA

BSL BUILDING SETBACK LINE

EVAE EMERGENCY VEHICLE ACCESS EASEMENT

EX EXISTING

IFO IN FAVOR OF

NR NO RECORD

PRAUE PRIVATE ACCESS AND UTILITY EASEMENT

PUE PUBLIC UTILITY EASEMENT

SF SQUARE FEET

SFNF SEARCHED FOR NOT FOUND
LOT 36
LOT 35

PARCEL F
FOOTHILL BLVD (HWY 29) PARCEL F
LOT 35
LOT 35
LOT 36
NOTES
SEE SHEET 14 FOR LOT AREAS AND ALL LOCAL AGENCY REQUIRED INFORMATION AFFECTING THIS SUBDIVISION.

RECORDS OF NAPA COUNTY, BEING A MERGER AND RESUBDIVISION OF DIAMOND HILL ESTATES FILED IN BOOK 25 OF MAPS AT PAGES 12-20, NAPA COUNTY RECORDS

ENGINEERS / SURVEYORS / PLANNERS
Item #6.6.

Page 74 of 144 ends

PARCEL A

PARCEL B

PARCEL C

PARCEL E

PARCEL G

PARCEL D PARCEL F
LOT
19 LOT
33 LOT
32 LOT 34
LOT
31 LOT
LOT 30
29 LOT
28 LOT
27 LOT
26 LOT
25 LOT
24 LOT
23 LOT
22 LOT
21 LOT
20 LOT
18 LOT
17 LOT 16
LOT 15
LOT 35 LOT 14
LOT 10 LOT 11
LOT 9
LOT 12
LOT 13
LOT 3
LOT 2
LOT 1
LOT 8
LOT 7
LOT 6
LOT 5
LOT 4
LOT 36
LOT 35
FOOTHILL BLVD (HWY 29)

PARCEL H
SHEET 6 SHEET 7
SHEET 8 SHEET 9
SHEET 11 SHEET 10
SHEET 12
SHEET 13
NOTES
SEE SHEET 14 FOR LOT AREAS AND ALL LOCAL AGENCY REQUIRED INFORMATION AFFECTING THIS SUBDIVISION.

RECORDS OF NAPA COUNTY, BEING A MERGER AND RESUBDIVISION OF DIAMOND HILL ESTATES FILED IN BOOK 25 OF MAPS AT PAGES 12-20, NAPA COUNTY RECORDS

ENGINEERS / SURVEYORS / PLANNERS
Item #6.6.

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PARCEL A

PARCEL C
LOT 10
LOT 1
LOT 2
LOT 3
LOT 8
LOT 9
LOT 11
LOT 12
LOT 13
LOT 14
LOT 15

PARCEL D
LOT 35

PARCEL H
LOT 35
LOT 35
NOTES
SEE SHEET 14 FOR LOT AREAS AND ALL LOCAL AGENCY REQUIRED INFORMATION AFFECTING THIS SUBDIVISION.

RECORDS OF NAPA COUNTY, BEING A MERGER AND RESUBDIVISION OF DIAMOND HILL ESTATES FILED IN BOOK 25 OF MAPS AT PAGES 12-20, NAPA COUNTY RECORDS

ENGINEERS / SURVEYORS / PLANNERS

SEE SHEET
7 MATCHLINE
SEE SHEET 13

MATCHLINE
LOT 35

PARCEL F
Item #6.6.

Page 76 of 144 ends

NOTES
SEE SHEET 14 FOR LOT AREAS AND ALL LOCAL AGENCY REQUIRED INFORMATION AFFECTING THIS SUBDIVISION.

LOT 15
LOT 17
LOT 18
LOT 19
LOT 20
LOT 21
LOT 22
LOT 23
LOT 24
LOT 25
LOT 26
LOT 27
LOT 28
LOT 35

PARCEL F

PARCEL G
LOT 35
LOT 16
COPYRIGHT © BKF ENGINEERS

SEE SHEET
6 MATCHLINE

SEE SHEET
8 MATCHLINE
SEE SHEET 12

MATCHLINE
OF THE LANDS OF CALISTOGA HILLS RESORT, INC. AS
DESCRIBED IN DOCUMENT NO 2015-0019643, AND THE LANDS OF ENCHANTED RESORTS, INC. AS DESCRIBED IN DOCUMENT NUMBER 2009-0002273, 1997-023645, AND 1998-010818, OFFICIAL

RECORDS OF NAPA COUNTY, BEING A MERGER AND RESUBDIVISION OF DIAMOND HILL ESTATES FILED IN BOOK 25 OF MAPS AT PAGES 12-20, NAPA COUNTY RECORDS

ENGINEERS / SURVEYORS / PLANNERS
Item #6.6.

Page 77 of 144 ends

PARCEL G
LOT 27
LOT 28 LOT 29
LOT 30
LOT 31
LOT 32
LOT 33
LOT 34
LOT 35
LOT 35
LOT 35

PARCEL G
NOTES
SEE SHEET 14 FOR LOT AREAS AND ALL LOCAL AGENCY REQUIRED INFORMATION AFFECTING THIS SUBDIVISION.

SEE SHEET
9 SEE SHEET MATCHLINE
7 MATCHLINE
SEE SHEET 11

RECORDS OF NAPA COUNTY, BEING A MERGER AND RESUBDIVISION OF DIAMOND HILL ESTATES FILED IN BOOK 25 OF MAPS AT PAGES 12-20, NAPA COUNTY RECORDS

ENGINEERS / SURVEYORS / PLANNERS
Item #6.6.

Page 78 of 144 ends

LOT 33
LOT 35
LOT 35
NOTES
SEE SHEET 14 FOR LOT AREAS AND ALL LOCAL AGENCY REQUIRED INFORMATION AFFECTING THIS SUBDIVISION.

RECORDS OF NAPA COUNTY, BEING A MERGER AND RESUBDIVISION OF DIAMOND HILL ESTATES FILED IN BOOK 25 OF MAPS AT PAGES 12-20, NAPA COUNTY RECORDS

ENGINEERS / SURVEYORS / PLANNERS

SEE SHEET
8 MATCHLINE
SEE SHEET 10

MATCHLINE
Item #6.6.

Page 79 of 144 ends

LOT 35
NOTES
SEE SHEET 14 FOR LOT AREAS AND ALL LOCAL AGENCY REQUIRED INFORMATION AFFECTING THIS SUBDIVISION.

RECORDS OF NAPA COUNTY, BEING A MERGER AND RESUBDIVISION OF DIAMOND HILL ESTATES FILED IN BOOK 25 OF MAPS AT PAGES 12-20, NAPA COUNTY RECORDS

ENGINEERS / SURVEYORS / PLANNERS
SEE SHEET 11MATCHLINE
SEE SHEET 9

MATCHLINE
Item #6.6.

Page 80 of 144 ends

PARCEL G
LOT 35
FOOTHILL BLVD (HWY 29)
NOTES
SEE SHEET 14 FOR LOT AREAS AND ALL LOCAL AGENCY REQUIRED INFORMATION AFFECTING THIS SUBDIVISION.

RECORDS OF NAPA COUNTY, BEING A MERGER AND RESUBDIVISION OF DIAMOND HILL ESTATES FILED IN BOOK 25 OF MAPS AT PAGES 12-20, NAPA COUNTY RECORDS

ENGINEERS / SURVEYORS / PLANNERS
SEE SHEET 12MATCHLINE
SEE SHEET 10MATCHLINE
SEE SHEET 8

MATCHLINE
Item #6.6.

Page 81 of 144 ends

PARCEL F
LOT 36

PARCEL E

PARCEL G
LOT 35
LOT 35
LOT 35
FOOTHILL BLVD (HWY 29)

PARCEL F

PARCEL D
NOTES
SEE SHEET 14 FOR LOT AREAS AND ALL LOCAL AGENCY REQUIRED INFORMATION AFFECTING THIS SUBDIVISION.

RECORDS OF NAPA COUNTY, BEING A MERGER AND RESUBDIVISION OF DIAMOND HILL ESTATES FILED IN BOOK 25 OF MAPS AT PAGES 12-20, NAPA COUNTY RECORDS

ENGINEERS / SURVEYORS / PLANNERS
SEE SHEET 13MATCHLINE

MATCHLINE
SEE SHEET 7

MATCHLINE
SEE SHEET 11
Item #6.6.

Page 82 of 144 ends

PARCEL B

PARCEL D

PARCEL E
LOT 1
LOT 2
LOT 3
LOT 4
LOT 5
LOT 6
LOT 7
LOT 8

PARCEL E
LOT 35
FOOTHILL BLVD (HWY 29)
FOOTHILL BLVD (HWY 29)
LOT 35

PARCEL D
NOTES
SEE SHEET 14 FOR LOT AREAS AND ALL LOCAL AGENCY REQUIRED INFORMATION AFFECTING THIS SUBDIVISION.

RECORDS OF NAPA COUNTY, BEING A MERGER AND RESUBDIVISION OF DIAMOND HILL ESTATES FILED IN BOOK 25 OF MAPS AT PAGES 12-20, NAPA COUNTY RECORDS

ENGINEERS / SURVEYORS / PLANNERS
SEE SHEET 12MATCHLINE
SEE SHEET 6

MATCHLINE
Item #6.6.

Page 83 of 144 ends

RECORDS OF NAPA COUNTY, BEING A MERGER AND RESUBDIVISION OF DIAMOND HILL ESTATES FILED IN BOOK 25 OF MAPS AT PAGES 12-20, NAPA COUNTY RECORDS

ENGINEERS / SURVEYORS / PLANNERS
NOTE

PROPERTY OWNERS ARE RESPONSIBLE FOR THE MAINTENANCE OF ALL

LANDSCAPING, INFRASTRUCTURE AND ROADWAY/DRIVEWAY
IMPROVEMENTS.

THE CITY OF CALISTOGA IS NOT RESPONSIBLE FOR ANY OF THE ON-SITE INFRASTRUCTURE.

OWNERS ARE RESPONSIBLE FOR MAINTENANCE OF THE ON-SITE
INFRASTRUCTURE.

A DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS ("DECLARATIONS") FOR THE PROPERTY THAT IS SUBJECT TO THIS MAP WILL BE RECORDED AT A LATER DATE.

A RESORT ASSOCIATION WILL BE RECORDED BY SEPARATE DOCUMENT AT A LATER DATE.

THE INFORMATION AND NOTES SHOWN HEREON ARE FOR INFORMATION

PURPOSES ONLY, DESCRIBING DEVELOPMENT CONDITIONS AS OF THE

DATE OF FILING AND ARE NOT INTENDED TO EFFECT RECORD TITLE INTEREST.

A BLANKET EASEMENT FOR DRAINAGE OVER AND ACROSS ALL LOTS FOR

THE BENEFIT OF ALL LOTS FOR SURFACE DRAINAGE SHALL BE
CREATED BY SEPARATE DOCUMENT.

RECORD TITLE INTEREST AND ENCUMBRANCES WERE BASED ON A

TITLE REPORT FROM OLD REPUBLIC TITLE COMPANY, ORDER NUMBER 0530025939.

A GEOTECHNICAL INVESTIGATION REPORT PREPARED BY RGH, DATED JANUARY 4, 2001 PERTAINING TO THIS SUBDIVISION IS ON FILE AT THE BUILDING DEPARTMENT.

BUILDING SETBACKS
ARTICLE IX. PD 2010-01 (ENCHANTED RESORTS SPA).

MINIMUM SETBACKS FOR PRIMARY BUILDINGS SHALL BE AS
FOLLOWS, UNLESS OTHERWISE PROVIDED IN THIS ARTICLE:

FRONT YARD
SINGLE-FAMILY RESIDENTIAL LOTS: 10-FEET
RESIDENCE CLUB: FIVE FEET
RESORT HOTEL: FIVE FEET

SIDE YARD
SINGLE-FAMILY RESIDENTIAL LOTS: 5-FEET
RESIDENCE CLUB: 5-FEET
RESORT HOTEL: 10-FEET

REAR YARD
SINGLE-FAMILY RESIDENTIAL LOTS: 5-FEET
RESIDENCE CLUB: 5-FEET
RESORT HOTEL: 10-FEET
Item #6.6.

Page 84 of 144 ends

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Brad Kilger, Consultant
Meeting: City Council - Oct 18 2022
Subject: Direction Regarding Napa Valley Fairgrounds Community Facilities District (“CFD”) - Rate And Apportionment Special Tax Allocation Formula DESCRIPTION:

Provide direction regarding Napa County Fairgrounds CFD special tax allocation.

RECOMMENDATION:

Direct City staff and consultants on special tax methodology in order to draft the necessary CFD formation documents prior to establishing the CFD and calling for the election for the funding of the Napa County Fairgrounds acquisition.

BACKGROUND/SUMMARY:

At the City Council’s September 13, 2022 meeting, City Council directed the City Manager to initiate formation of a CFD to fund the acquisition, capital improvement and ongoing maintenance of the Napa County Fairgrounds (the “Property”) and execute the necessary professional service agreements to engage NHA Advisors, LLC, as municipal advisor, NBS, as special tax consultant, and Jones Hall, as bond counsel, for this work.

On October 4, 2022, the City Council approved a resolution approving and authorizing a Purchase and Sale Agreement and escrow instructions and a Declaration of Covenants and Restrictions with the County of Napa for the purchase of the Property. City Council also received a presentation regarding the CFD formation process, including the drafting of a Rate and Method of Apportionment (“RMA”) which defines the special tax, formulas for allocation of the special tax, and authorized public facilities to be funded. In addition to the RMA, a CFD Boundary Map (“Map”) is required to identify properties and a resolution calling for the intention to form the CFD (“ROI”). The first step of the approval process includes the ROI, Map and RMA and calls for a public hearing approximately 30-60 days after the ROI is adopted.

In order to prepare the RMA, staff requires direction from the City Council on the methodology necessary to develop the special tax allocation. The CFD will define eligible costs (including acquisition of the Property, capital improvement and maintenance) and other expenses that may be funded by the special tax levy.

As discussed at the October 4, 2022 Council meeting, the Property includes certain community facilities/event centers such as the Arts, Tubbs, Tucker and Ag Pavilion buildings, Great Lawn, improved parking lots, improved/semi-improved open space, the Calistoga Speedway, grandstands, bleachers, the RV Park, several out-buildings, 9-hole the golf course, the clubhouse and 2 singlefamily residences near the RV Park and golf course. Staff commissioned preparation of a Reserve Item #7.1.

Page 85 of 144 ends

Analysis in order to determine the cost of the required capital improvements City. The analysis evaluated the condition of the existing buildings and grounds and determined there was substantial repairs and improvements needed to due to the years of neglect. In summary the event center and adjoining lawns and parking areas have received minimal preventative maintenance over the past eight plus years, the Tubbs, Butler, and Snack Shack are in need of roof repairs/replacement, and interior and exterior finishes of all buildings are worn and need repainting. In addition, many areas of the perimeter and interior fencing are damaged and need repair, asphalt paving is old and deteriorating, and the restroom facilities do not meet ADA standards and need to be remodeled. The RV Park, Speedway and 9-hole golf course are all in need of major rehabilitation. In total the Reserve Analysis estimated more than $24.5 million in capital expenditures over the first 6-years of ownership by the City.

In developing a capital expenditure plan City staff focused on the first 3 years of operation of the Events Center and RV Park that historically have garnered the most use and have the highest revenue potential, which can assist in reducing future special tax assessments. In addition, Calistoga residents have continually voiced their desire to have the Property maintain its historically functions. Therefore, based on the Resource Analysis, the first three-years will require an estimated $9.1 million for improvements.

To ensure the Property will be able to provide the event center actives desired as well as conduct revenue producing events and rentals, Public Works staff worked with the Reserve Analysis consultant to develop the best management maintenance plan to keep the facilities in a state of good condition. This analysis estimated annual expenditures of $2.5 million for staffing, equipment, and materials. This may decrease in future years after the initial equipment purchases are completed.

Therefore, to purchase the Property, fund the necessary capital improvements over the first 3-years of operation and ensure the facilities are properly maintained, the initial annual special tax would need to fund a total expense of $25 million, with an annual debt service of approximately $4 million.

The Project Team also sought direction from the City Council on the special tax allocation methodology to be used in the RMA. Examples of estimated tax rates for the following four land use categories were presented:
• Residential (single-family, condominiums, apartments) • Hospitality
• Commercial/Industrial/Retail
• Undeveloped Parcels
Three percentage allocation approaches were presented for the four land use categories.

1. Residential Supported

2. Commercial/Industrial/Retail Supported, and

3. Balanced Approach which distributed the allocation percentages evenly among the four land use categories.

After taking public testimony and discussing the three approaches, the City Council directed the Project Team to return at a future meeting with sample tax rates for the three allocation approaches using a unit, building square footage, parcel square footage factor or combination thereof to assist the Council in determining the most appropriate special tax methodology to fund the estimated annual special tax requirement of $4 million.

CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:

Item #7.1.

Page 86 of 144 ends

This discussion item conforms to Council Goal 1: Maintain and enhance the economic vitality of the community and the financial stability of the City, specifically Priority Project #4: Support long-term land stewardship of the Napa County Fairgrounds.

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:

There is no direct fiscal impact from this item.

APPROVAL(S):

Laura Snideman, City Manager Approved - Oct 11 2022
Marni Rittburg, City Clerk Approved - Oct 11 2022
Item #7.1.

Page 87 of 144 ends

CITY OF CALISTOGA

FAIRGROUNDS ACQUISITION & IMPROVEMENTS

SPECIAL TAX FORMULAS
OCTOBER 18, 2022
Item #7.1.

Page 88 of 144 ends

2 Special Tax Formula Constraints
Annual Debt Service:
$1,500,000
Annual Operating & Maintenance Expense:
$2,500,000
Total Annual Revenues Required:
$4,000,000
Item #7.1.

Page 89 of 144 ends

3 Special Tax Allocation
• Residential
• Hospitality
• Retail/Commercial
• Vacant/Undeveloped Land
4 Primary Land Use Categories
• 25% of Annual Special Tax Requirement to each Category Baseline Allocation Methodology
Item #7.1.

Page 90 of 144 ends

4 Calistoga Land Use Summary
# of
Parcels Notes
Single-Family Residential: Condo 44 1,261 Avg. Building Sq. Ft.

Single-Family Residential: Detached 1,005 1,638 Avg. Building Sq. Ft.

Single-Family Residential: Mobile Home Park 6 Total of 555 units Multi-Family Residential 147 Total of 607 units
Commercial 106 30,038 Avg. Lot Sq. Ft.

Industrial 8 155,673 Avg. Lot Sq. Ft.

Lodging 42 11,459 Avg. Building Sq. Ft.

Rural 41 222,776 Avg. Lot Sq. Ft.

Undeveloped 205 61,146 Avg. Lot Sq. Ft.

City Total 1,604
Source: Napa County Assessor’s Office
Item #7.1.

Page 91 of 144 ends

5 Primary Special Tax Assumptions
Improved Properties: Building Square Foot
Commercial/Industrial/Undeveloped Land: Total Land Square Foot Mobile Homes/Manufactured Housing: Per-Unit Flat Rate
Apartments/Multifamily: Per-Unit Flat Rate
Rural Land Use: Per Parcel Flat Rate
Lodging: Building Square Foot
Item #7.1.

Page 92 of 144 ends

BASELINE SCENARIO – EQUAL ALLOCATION

BETWEEN PRIMARY LAND USES
Item #7.1.

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7 Projected Special Tax (Residential Parcels)
Tax Rate Examples
Estimated Annual Tax
(Per 1,638 Sq. Ft.)
Estimated Annual
Tax (Standard Unit) Standard Unit
Single-Family $ 647 $ 395 Per 1,000 Sq.

Ft.

Multi-Family $ 425 $ 425 Per Unit
Mobile Home $ 125 $ 125 Per Unit
Total ~$1,000,000
Item #7.1.

Page 94 of 144 ends

8 Projected Special Tax (Hospitality Parcels)
Tax Rate Examples # of Properties
Estimated Annual
Tax
Standard
Unit
Large Resort (> 25,000 sq. ft.) 5 $ 2,592 10,000 sq. ft.

Small Resort (< 25,000 sq. ft.) 37 $ 2,592 10,000 sq. ft.

Total ~$1,000,000
Item #7.1.

Page 95 of 144 ends

9 Projected Special Tax (Commercial/Industrial Parcels) Tax Rate Examples
Allocation of
Special Tax
Estimated Annual
Tax
Standard
Unit
Commercial 17.2% $ 1,083
5,000 sq. ft.
(Improved
Space)
Industrial 6.8% $ 1,083
5,000 sq. ft.
(Improved
Space)
Rural 1.0% $ 1,000 Per Parcel
Total ~$1,000,000
Commercial land use codes include:
51 (Commercial Improved), 511 (Retail), 512 (Office), 5121 (Medical Office), 514 (Automobile-Related), 515 (Cell Towers) Item #7.1.

Page 96 of 144 ends

10 Projected Special Tax (Vacant/Undeveloped Parcels)
Tax Rate Examples # of Parcels
Estimated Annual
Tax
Standard
Unit
Undeveloped-Residential 125 $ 300 5,000 lot sq. ft.

Undeveloped-Commercial 48 $ 3,000 50,000 lot sq. ft.

Undeveloped-Industrial/Rural 32 $ 600 10,000 lot sq. ft.

Total ~$1,000,000
Item #7.1.

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SCENARIO #2 – RESIDENTIAL-SUPPORTED

ALLOCATION
Item #7.1.

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12 #2 Alternate Allocation
(Residential-Supported Methodology)
Residential 40%
Hospitality 20%
Commercial 20%
Vacant/Undeveloped 20%
Total 100%
Item #7.1.

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13 Scenario #2 Allocation Summary
Tax Rate Examples
Residential (Single-Family Homes) $ 1,167 1,638 Sq. Ft.

Hospitality $ 2,074 10,000 Sq. Ft.

Commercial/Industrial $ 857 5,000 Sq. Ft.

Undeveloped Parcels $ 18 Per Acre
Item #7.1.

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SCENARIO #3 – HOSPITALITY/COMMERCIALSUPPORTED ALLOCATION Item #7.1.

Page 101 of 144 ends

15 #3 Alternate Allocation
(Hospitality/Commercial-Supported Methodology)
Residential 10%
Hospitality 30%
Commercial/Industrial 30%
Vacant/Undeveloped 30%
Total 100%
Item #7.1.

Page 102 of 144 ends

16 Scenario #3 Allocation Summary
Tax Rate Examples
Residential (Single-Family Homes) $ 113 1,638 Sq. Ft.

Hospitality $ 3,111 10,000 Sq. Ft.

Commercial/Industrial $ 1,310 5,000 Sq. Ft.

Undeveloped Parcels $ 28 Per Acre
Item #7.1.

Page 103 of 144 ends

17 Summary Comparison (for Single Family)
Allocation Methodology % of Investment
Special Tax
Per 1,000 sq.
ft.
(Residential)
Single Family
Average
Special Tax
(1,638 sq. ft.)
Residential-Supported 40%/20%/20%/20% $713 $1,167
Balanced 25%/25%/25%/25% $395 $647
Hospitality/Commercial-Supported 10%/30%/30%/30% $69 $113 Item #7.1.

Page 104 of 144 ends

Marni Rittburg
From:

Sent:

To:

Subject:

Tuesday, October 18, 2022 1:53 PM
Public Comment
Fairgrounds Bond Measure
Additional W. "tin
Meeting of~ l ~2-2
Item No. • DL,1rlb11ttd - 1 o~.,(, 2 '2.-
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Members of the Calistoga City Council:

Please do not lock yourselves, and the community that a Bond measure is the only way to finance the Fa irgrounds purchase. Yes, you can move forward with the bond as an option, but many more possibilities exist. Naming rights for the various buildings, more TOT money directed to the fairgrounds instead of current allocations that are going to the Chamber are just a few of the options. With proper management, the Fairgrounds will be self-sustaining, and revenues will be available for improvements. Remember that all of the deferred maintenance by the previous poor management does not have to be done immediately. Many revenue generating activities can occur in the meantime.

Best Regards,
Scott Atkinson
Saving one twg wi« 110t cftange tlie worta; 6ut surely for tftat one Mg, tfie wor(i[ wiff cfiange forever. 1 Item #7.1.

Page 105 of 144 ends

Marni Rittburg
From:

Sent:

To:

Subject:

Suzanne.B Yang
Tuesday, October 18, 2022 11:18 PM
Public Comment
Follow up comments on the Fairgrounds purchasing plan
Additional '!Vritiors•
Meetingof lOllQ;;, '2-'2..
ltem N~. :::1-l / {)l,~1ributed l o I q z ;z ...
s v.f>pl-eroe,,,.+e\.l
CAUTION: This email originated from outside of the organization. Do not dick links or open attachments unless you recognize the sender and know the content is safe.

The mayor has mentioned several times that purchasing the Fairground is what the community wanted. Also to not delay the 6-year negotiation even further, we have to settle the negotiation without a plan on how to pay for it.

During the meeting, questions were raised on who would benefit more. The hotel and business believes if the residents wanted the deal they should pay more. One member of the Fairground activist pointed out that many out of town people expressed their opinions to keep the fairground as is. The second statement is very disturbing. Use an analogy here, all your cousins tell you to buy a mansion you cannot afford, you bought it anyway and now you have to ask the parents to pay.

There should be a plan B: if there is not enough interest to pay for the bill and no viable business plan to make the fairground financially sustainable, we should let the deal fail and let napa county keep owning the property. If the residents or business do not want to see that happen, they will need to pay for it. Now there is a clear price tag on it, we can truly see who want it.

Suzanne Yang
1 Item #7.1.

Page 106 of 144 ends

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Jeff Mitchem, Planning & Building Director
Meeting: City Council - Oct 18 2022
Subject: Discussion of HCD Comments on the Draft 2023-2031 Housing Element DESCRIPTION:

The purpose of this item is to allow the City Council and the community an opportunity to review HCD comments and City Staff recommended responses on the draft Housing Element and provide any comments for consideration by Staff.

RECOMMENDATION:

No final decisions will be made at this meeting. We currently anticipate requesting final decisions during the November 15 City Council meeting.

BACKGROUND/SUMMARY:

BACKGROUND
On April 19, 2022, City Council directed Staff to submit the Recommended Draft 2023-2031 Housing Element (HE) to the California Department of Housing and Community Development (“HCD”) for 90- day review. HCD comments were received by the City on August 24th (Attachment 1) and are under review by both the Housing Advisory Committee and Planning Commission. Comments from these bodies will be formalized as recommended policy direction and distributed to Council for consideration by the end of October. Additional revisions provided by our consultant (M-Group) will be incorporated into the document and Staff will present the recommended Final HE to Council and public for consideration at the regular meeting on November 15th when action will be sought to prepare and submit the Final HE to HCD for a final 60-day review. Following this review, public hearings will be held (February – April 2023) by the Planning Commission and City Council to consider final adoption of the HE. Following local adoption, the HE will be certified by HCD and remain in effect through January 2031.

ANALYSIS
Housing Element Contents. As a reminder, the Draft Housing Element is similar in format to the current Housing Element and has been revised to reflect changes in housing conditions, State laws, and other circumstances during the past 8 years. The complete Draft 2023-2031 Housing Element is available on the City website at:
https://www.ci.calistoga.ca.us/Home/Components/News/News/5401/698 The Housing Element is organized into the following sections:
• Chapter 1, Introduction. The Introduction summarizes State requirements relating to the Housing Element.

Item #7.2.

Page 107 of 144 ends

• Chapter 2, Review of the 5th Cycle Housing Element. This section evaluates the progress made on the 2015-2023 RHNA and actions from the last housing element. • Chapter 3, Affirmatively Furthering Fair Housing. This section includes an assessment of fair housing issues and describes the community engagement process used to ensure public involvement in the development of the 2023-2031 Housing Element. • Chapter 4, Demographic and Housing Stock Overview and Housing Needs. This section includes demographic and housing data that characterize the community’s housing profile and existing and projected housing needs. This section also includes an inventory of at-risk affordable housing units in the city.
• Chapter 5, Housing Sites and Resources. This section provides an updated inventory of approved housing projects and sites for the development of housing and identifies housing opportunities and resources.
• Chapter 6, Constraints to the Development of Housing. This section provides an overview and analysis of potential constraints to the development of housing. • Chapter 7, Energy Conservation. This section of the Housing Element describes opportunities for energy conservation in residential development.
• Chapter 8, Housing Policies and Programs. This section includes the housing goals, policies, and implementing actions that will guide housing development and services to meet the city’s regional housing allocation.

HCD Comment Letter. The HCD Comment Letter provides direction in three sections:

A. Housing Needs, Resources and Constraints. This content is predominantly analysis based and will be resolved by our consultant (M-Group).

B. Housing Programs. This content pertains entirely to policy language as conveyed in Chapter 8, Housing Policies and Program. The primary thrust of HCD’s directive requires that city housing policy contain 1) specific and measurable actions; 2) clear outcomes or deliverables; and 3) specific completion or initiation dates. Resolving this directive will be the primary focus of City review and Council direction utilizing the HE Actions Review Matrix described in the following section.

C. Quantified Objectives. This content is clerical in nature – calling for internal consistency, accuracy and specificity relating to housing production throughout income categories – and will also be resolved by M-Group.

HE Actions Review Matrix (Attachment 2). This is the tool that will be used by Council to consider Staff recommendations and record comments on new policy language. The cells highlighted yellow indicate the specific actions identified in HCD’s comments and Staff’s recommend responses. The matrix contains three primary columns:

Left column. Action #, existing action language, and party responsible for implementation.

Center column. HCD comments indicating (X in cell) which actions need to better specify more specific and measurable actions, clearer outcomes or deliverables, and/or specific completion or initiation dates.

Right column. Staff recommended action language options – bold italicized typeface indicates recommended new language options.

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Please review this material, reach out to Staff with questions, and be prepared to provide direction to Staff at the regularly scheduled meeting on November 15th.

NEXT STEPS
Please refer to the attached schedule (Attachment 3) for remaining HE adoption milestones between now and early next year. At the November 15th regular meeting, Staff will present the full HE for Council consideration with resolution directing Staff to submit the HE to HCD for their final 60-day review.

CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:

Adopting the 6th Cycle HE is required by State Law and consistent with City Council Goal 2 Address the community's existing and future housing needs.

CEQA STATUS:

A Draft IS/MND has been prepared and is available on the City’s website at:
https://www.ci.calistoga.ca.us/city-hall/departmentsservices/planning-building-department/planningdivision/calistoga-housing-elementproject. A public comment period on the Draft IS/MND was open between Tuesday, August 23, 2022 and September 21, 2022. Agency comments have been received and are being responded to, while no public comments were received. The document will be presented for certification by Council concurrently with the Final Housing Element during adoption hearing(s) February – April 2023.

FINANCIAL IMPACT:

Due to the length of time of the project, funding the HE has been budgeted (Account # 01-4115-4402) over three successive fiscal years ($30,000 in FY 20-21, $120,000 in FY 21-22, and $15,303 in FY 22-23). City Council allocated an additional $85,000 in FY 22-23 to fund finalization and begin implementation of the HE, bringing the total financial impact to $250,303. Staff secured state grants of $85,000 total in outside funding for this project and will continue to apply for grants to help fund implementation.

ATTACHMENT(S):

ATTCH 1 - HCD Comment Letter + Key
ATTCH 2 - HE Actions Review Matrix
ATTCH 3 - HE Calendar 2022-23
APPROVAL(S):

Laura Snideman, City Manager Approved - Oct 11 2022
Marni Rittburg, City Clerk Approved - Oct 11 2022
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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
August 24, 2022
Jeff Mitchem, Director
Planning and Building Department
City of Calistoga
1232 Washington Street, Calistoga, CA 94515
Dear Jeff Mitchem:

RE: City of Calistoga’s 6th Cycle (2023-2031) Draft Housing Element Thank you for submitting the City of Calistoga’s (City) draft housing element received for review on June 23, 2022. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. In addition, HCD considered comments from YIMBY Law and Greenbelt Alliance pursuant to Government Code section 65585, subdivision (c).

The draft element addresses many statutory requirements; however, revisions will be necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code).

The enclosed Appendix describes the revisions needed to comply with State Housing Element Law.

For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if a local government fails to adopt a compliant housing element within 120 days of the statutory deadline (January 31, 2023), then any rezoning to accommodate the regional housing needs allocation (RHNA), including for lower-income households, shall be completed no later than one year from the statutory deadline. Otherwise, the local government’s housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i). Please be aware, if the City fails to adopt a compliant housing element within one year from the statutory deadline, the element cannot be found in substantial compliance until rezones to accommodate a shortfall of sites pursuant to Government Code section 65583, subdivision (c), paragraph (1), subparagraph (A) and Government Code section 65583.2, subdivision (c) are completed.

Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly Item #7.2.

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Jeff Mitchem, Director

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available and considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.

Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.

For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.

HCD appreciates the hard work and dedication of your team during the review. We are committed to assist the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Chelsea Lee, of our staff, at [email protected].

Sincerely,
Paul McDougall
Senior Program Manager
Enclosure
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APPENDIX

CITY OF CALISTOGA
The following changes are necessary to bring the City’s housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code.

Housing element technical assistance information is available on HCD’s website at http://www.hcd.ca.gov/community-development/housing-element/housing-elementmemos.shtml. Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at http://www.hcd.ca.gov/community-development/building-blocks/index.shtml and includes the Government Code addressing State Housing Element Law and other resources.

A. Housing Needs, Resources, and Constraints

1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).) Enforcement & Outreach: The element currently describes cases filed with the Fair Housing Enforcement Organization (FHEO), but it must also describe the City’s capacity to provide enforcement and outreach, which can consist of actions such as the ability to investigate complaints, obtain remedies, or engage in fair housing testing. In addition, the element must address compliance with existing fair housing laws, as well as any past or current fair housing lawsuits, findings, settlements, judgements, or complaints.

Assessment of Fair Housing: The element includes some data and analysis regarding different patterns for various socio-economic characteristics (race and income).

However, a complete analysis should include maps and data on all fair housing components and analyze this data for patterns and trends at the local and regional level including integration and segregation (race, income, disability, and familial status), disparities in access to opportunity (education, environmental, transportation, economic), and disproportionate housing needs (cost burdened, overcrowded, substandard housing conditions, homelessness, and displacement risks). In addition to evaluating patterns and trends, the element should analyze coincidences with other components of the assessment of fair housing. Lastly, the assessment should be complemented by local data and knowledge, including input from comments, and other relevant factors as described below.

Other Relevant Factors: The element must consider other relevant factors that have contributed to certain fair housing conditions. This analysis must consider information that is unique to the City or region, such as governmental and nongovernmental actions, historical land use and zoning practices (e.g., past redlining/greenlining, restrictive covenants, etc.), disparities in investment to specific communities, or other information that may have impeded housing choices and mobility.

A
B
C
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Local Knowledge and Data: The element should complement federal, state, and regional data with local data and knowledge where appropriate to capture emerging trends and issues, including utilizing knowledge from local and regional advocates, public comments, and service providers.

Sites Inventory: The element includes some analysis on the distribution of sites identified to meet the Regional Housing Needs Allocation (RHNA) regarding access to opportunity indicators (pp. 5-10-16). However, a full analysis should address the income categories of identified sites with respect to location, the number of sites and units by all income groups, and how that effects the existing patterns for all components of the assessment of fair housing (e.g., enforcement and outreach, segregation and integration, disproportionate housing needs including displacement). The element should also discuss whether the distribution of sites improves or exacerbates fair housing conditions and add or modify programs as appropriate.

Contributing Factors and Summary of Fair Housing Issues: While the element includes some contributing factors and a summary of fair housing issues, based on a complete analysis, the element may need to add or revise the identification of contributing factors and fair housing issues.

Goals, Priorities, Metrics, and Milestones: Goals and actions must significantly seek to overcome contributing factors to fair housing issues. Currently, the element identifies programs to encourage and promote affordable housing; however, most of these programs are limited to conducting outreach and do not appear to facilitate any meaningful change nor address affirmatively furthering fair housing requirements.

Furthermore, the element must include metrics and milestones for evaluating progress on programs, actions, and fair housing results. Given that most of the City is considered a low and moderate resource community, the element could focus on programs that center on place-based strategies for economic and community revitalization, protecting residents from disaster-driven and investment-driven displacement, and enhancing housing mobility to encourage the development of more housing choices and affordable housing.

Programs also should be based on identified contributing factors, be significant and meaningful. The element must add, and revise programs based on a complete analysis and listing and prioritization of contributing factors to fair housing issues. Furthermore, the element must include geographic targeting, metrics and milestones toward affirmatively furthering fair housing (AFFH) outcomes. For more information, please see HCD’s guidance at https://www.hcd.ca.gov/community-development/affh/index.shtml.

2. Include an analysis of population and employment trends and documentation of projections and a quantification of the locality's existing and projected needs for all income levels, including extremely low-income households. (Gov. Code, § 65583, subd. (a)(1).)
Extremely Low Income (ELI) Households: While the element included the total number of projected ELI households, it must quantify and analyze the number of existing ELI households by tenure.

D
E
F
G
H
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3. Include an analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition. (Gov. Code, § 65583, subd. (a)(2).) Overpayment: While the element quantified the total number of households overpaying by tenure (p. 4-29), it must quantify the total number of lower-income households overpaying by tenure.

4. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).)
Progress in Meeting the RHNA: The element is counting 128 units as progress towards the RHNA including 69 units affordable to lower-income households. First, to count these units as progress towards RHNA, the element must demonstrate the availability of these units within the planning period. To address this, the element could discuss project status, schedule for completion, outreach with developments, remaining steps for projects to receive final entitlements and any other relevant information. Additionally, the element must demonstrate the affordability for 1855 Lincoln Ave based on actual or projected sales prices, rent levels, or other mechanisms establishing affordability in the planning period. For additional information, see the Building Blocks at http://www.hcd.ca.gov/community-development/building-blocks/housingneeds/projected-housing-needs.shtml.

Sites Inventory: While the element lists sites by parcel number, parcel size, zoning, general plan designation, and describes existing uses for non-vacant sites (Appendix 5- 1), it must also identify the number of units that can be realistically accommodated on each site. For additional information and sample sites inventory, see the Building Blocks at http://www.hcd.ca.gov/community-development/building-blocks/site-inventoryanalysis/inventory-of-land-suitable.shtml.

Realistic Capacity: The element provides assumptions for buildout of sites in the inventory by multiplying the maximum allowable density by the size of a parcel.

However, the element must also provide support for these assumptions. For example, the element should demonstrate what specific trends, factors, and other evidence led to the assumptions. The estimate of the number of units for each site must be adjusted as necessary, based on the land use controls and site improvements, typical densities of existing or approved residential developments at a similar affordability level in that jurisdiction, and on the current or planned availability and accessibility of sufficient water, sewer, and dry utilities.

Additionally, for sites that have been identified in zones that allow for 100 percent nonresidential uses, the element must analyze the likelihood that residential will occur in nonresidential zones (e.g., community commercial and high density residential/office).

For example, while the element stated that residential densities are required and that multifamily is allowed excluding the ground floor, the element should address other criteria including whether these zones allow for 100 percent commercial projects.

I
J
K
L
M
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A complete analysis should consider the likelihood of nonresidential development, performance standards, and development trends supporting residential development.

For additional information, see the Building Blocks at http://www.hcd.ca.gov/communitydevelopment/building-blocks/site-inventory-analysis/analysis-of-sites-andzoning.shtml#zoning.

Small Sites: The element identifies five parcels that are less than a half- acre in size (Table 5-3) and concludes that these parcels are contiguous and have common ownership (p. 5-9). However, sites smaller than a half-acre in size are deemed inadequate to accommodate housing for lower-income housing unless it is demonstrated that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of lower-income housing units as projected for the site or unless the housing element describes other evidence to HCD that the site is adequate to accommodate lower income housing. (Gov. Code, § 65583.2, subd. (c)(2)(A).) For example, a site with a proposed and approved housing development that contains units affordable to lower income households would be an appropriate site to accommodate housing for lower-income households. (Gov. Code, § 65583.2, subd. (c)(2)(C).) The analysis could also describe the City’s role or track record in facilitating small-lot consolidation, conditions rendering parcels suitable and ready for lot consolidation, and policies or incentives offered or proposed to encourage and facilitate lot consolidation.

Suitability of Nonvacant Sites: The element identifies one nonvacant site to accommodate the regional housing need including four units for lower-income households. The element must provide an analysis demonstrating the potential for redevelopment. The methodology must consider factors including the extent to which existing uses may impede additional residential development, development trends, market conditions, any and other information that may prevent redevelopment of the site for additional residential development. Additionally, the element could discuss and regulatory or other incentives or standards to encourage additional residential development on these sites.

Environmental Constraints: While the element identified and analyzed potential environmental constraints for the identified sites and Citywide including flooding, special species, and archaeological resources, it should analyze any other potential environmental constraints or other conditions impacting RHNA sites such as fire hazard or earthquake risks. The element should be revised to include this information and programs should be added or revised as appropriate.

Electronic Sites Inventory: Pursuant to Government Code section 65583.3, subdivision (b), the City must utilize standards, forms, and definitions adopted by HCD when preparing the sites inventory. Please see HCD’s housing element webpage at https://www.hcd.ca.gov/community-development/housing-element/index.shtml for a copy of the form and instructions. The City/County can reach out to HCD at [email protected] for technical assistance. Please note, upon adoption of the housing element, the City/County must submit an electronic version of the sites inventory with its adopted housing element to [email protected].

N
O
P
Q
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Zoning for a Variety of Housing Types:
• Emergency Shelters: While the element discussed zoning and capacity for emergency shelters, the element must also identify and analyze any development standards (e.g., spacing, parking, concentration requirements) and other requirements imposed on emergency shelters. Lastly, the element must describe compliance with Government Code section 65583, subdivision a)(4)(A) or include a program to comply with this requirement. For your information, pursuant to Government Code section 65583, subdivision a)(4)(A), parking requirements should be limited to allowing sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.
• Supportive and Transitional Housing: The element states that the City permits supportive and transitional housing in all residential zones. Additionally, the element included Table 6-1 listing allowable uses per zoning district. However, this table did not reflect whether transitional and supportive housing are allowed in zones that allow for residential uses (e.g., downtown commercial, community commercial, etc.,). The element should reconcile this information and specifically clarify whether the City permits these types of housing as a residential use and only subject to those restrictions that apply to other residential dwellings of the same type in the same zone pursuant to Government Code section 65583 (a)(5).

Additionally, supportive housing shall be a use by-right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses pursuant to Government Code section 65651. The element must demonstrate compliance with these requirements and include programs as appropriate.
• Housing for Agricultural Employees: The element must demonstrate zoning is consistent with the Employee Housing Act (Health and Safety Code, § 17000 et seq.), specifically, sections 17021.5 and 17021.6. Section 17021.5 requires employee housing for six or fewer employees to be treated as a single-family structure and permitted in the same manner as other dwellings of the same type in the same zone. Section 17021.6 requires employee housing consisting of no more than 12 units or 36 beds to be permitted in the same manner as other agricultural uses in the same zone. For additional information and sample analysis, see the Building Blocks at http://www.hcd.ca.gov/communitydevelopment/building-blocks/housing-needs/farmworkers.shtml. • Manufactured Housing: The element provided information on permitting requirements for manufactured homes in the terms of accessory dwelling units and mobile homes. However, manufactured homes that are built on a permanent foundation must be allowed in the same manner and in the same zones as conventional or stick-built structures. Specifically, manufactured homes on a permanent structure should only be subject to the same development standards that a conventional single-family residential dwelling would be subject to. The R
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element must demonstrate consistency with this requirement or add or modify programs as appropriate.

5. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures... (Gov. Code, § 65583, subd. (a)(5).)
Land Use Controls: The element must identify and analyze all relevant land use controls impacts as potential constraints on a variety of housing types. The analysis should analyze land use controls independently and cumulatively with other land use controls.

While the element analyzed most relevant land use controls, it must identify and analyze any requirements for minimum or maximum unit sizes. Additionally, the element must analyze requirements related to multifamily parking (i.e., two spaces per unit). For example, the element could include a discussion about applicable development standards in different zones and how a hypothetical project could achieve maximum densities when applying those standards. The analysis should address any impacts on cost, supply, housing choice, affordability, timing, approval certainty and ability to achieve maximum densities and include programs to address identified constraints.

Local Processing and Permit Procedures: While the element analyzed most procedures and permitting requirements for various housing types, the element must specifically analyze the requirement of a use permit for multifamily housing for potential constraints on housing. Specifically, the element notes that a use permit is required for multifamily development in mixed-use zones (i.e., community commercial and downtown commercial) and approval findings include compatibility with surrounding uses.

Additionally, the City identified a portion of their RHNA in these zones. The analysis should address impacts on housing cost, supply, timing and approval certainty. For example, the element should analyze the required approval findings for impacts on approval certainty and the presence of processes or guidelines to promote certainty and add or modify programs as appropriate.

Constraints on Housing for Persons with Disabilities:
• Reasonable Accommodation: The element states the City has a reasonable accommodation procedure (p. 5-2), but it should also analyze the procedure for potential constraints. The analysis should address the process, application requirements, and associated fees and list and evaluate the actual approval findings. Depending on its analysis, the element must add or modify programs as appropriate.
• Licensed and Unlicensed Residential Care Facilities for Seven or More Persons:

The element states that these uses are permitted with a use permit in residential zones. Additionally, the element indicates that a use permit requires planning commission approval and triggers design review. For your information, zoning V
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should simply implement a barrier-free definition of family instead of potentially subjecting persons with disabilities to special regulations such as the number of persons, population types, and licenses. The element must analyze this process as a potential constraint for impacts on housing choices, approval certainty, and objectivity for housing for persons with disabilities. Additionally, as part of this analysis, the element should also clarify the differences between “general” and “limited” residential care facilities. Based on a complete analysis, the element may need to add or modify programs to allow these uses with objectivity and certainty.

6. An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including… …the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Government Code section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Government Code section 65584... (Gov. Code, § 65583, subd. (a)(6).)
Approval Time and Requests for Lesser Densities: While the element stated that there were no requests from the “public” to develop at densities below those identified in the inventory (p. 6-23), it must clarify and analyze requests from project applicants to develop at densities below those identified in the sites inventory. Additionally, the element must include an analysis of the length of time between receiving approval for a housing development and submittal of an application for building permits. The element must address any hinderance on the development of housing and include programs as appropriate.

7. Analyze any special housing needs such as elderly; persons with disabilities, including a developmental disability; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. (Gov. Code, § 65583, subd. (a)(7).)
Special Needs Households: While the element includes some data, a general discussion of housing challenges faced by special needs households, and proposed programs, it still must provide an analysis of the existing needs and resources for each special need group including seniors, female headed households, large households, extremely low-income households, and persons with disabilities. For example, the element should discuss the existing resources to meet housing needs (availability of shelter beds, number of large units, number of deed restricted units, community services, etc.,) and an assessment of any gaps in resources. Local officials, special needs service providers or County social and health service providers may be able to assist with information to complete the analysis. The element may need to add or revise programs and policies based on the outcomes of a complete analysis.

Farmworkers: While the element included data on the number of migrant farmworkers, the element must specifically quantify the number of permanent and seasonal farmworkers within the County (USDA Agriculture Census data).

Y
Z
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8. Analyze existing assisted housing developments that are eligible to change to non-lowincome housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of use restrictions. (Gov. Code, § 65583, subd. (a)(9) through 65583(a)(9)(D).).

The element states that the City has a portfolio of 203 affordable housing units, however, HCD’s records indicate that the City has 287 affordable housing units. The element should reconcile these figures and include the following projects in the inventory: Lincoln Avenue Apartments (77 assisted units located on 1855 Lincoln Avenue) and Calistoga Farm Worker Center (60 assisted units on 3996 North St.

Helena Highway).

B. Housing Programs

1. Include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the Housing Element... (Gov. Code, § 65583, subd. (c).)
Programs must demonstrate that they will have a beneficial impact within the planning period. Beneficial impact means specific commitment to deliverables, measurable metrics or objectives, definitive deadlines, dates, or benchmarks for implementation.

Deliverables should occur early in the planning period to ensure actual housing outcomes. The element must provide quantified objectives where appropriate and all programs should be evaluated to ensure provision of discrete timing (e.g., month and year) to account for how often the action will occur as well as to ensure a beneficial impact throughout the planning period. In addition, the element should be revised as follows:

Specific Commitments: The element includes several programs lacking specific commitments (e.g., “explore,” “consider,” etc.,). While the element can include programs to study certain topics, it includes a preponderance of programs that do not go beyond studying or exploring a particular action. Programs should be amended, as appropriate to include more specific and measurable actions. This includes but is not limited to Actions 1.2-2, 1.2-4, 1.2-6, 1.3-5, 2.1-6, and 2.2-3.

Implementation Actions: As noted above, programs must have clear outcomes or deliverables. Several programs include actions with no description of how those actions will be implemented (e.g., “encourage”, “assist”, “partner”, “maintain”, etc.,). For example, Program 1.2-1 states that the City will encourage new residential development to be built to the maximum density, however, does not describe how the City will encourage this action from occurring (e.g., develop requirements, pre-application meetings, etc.,). Programs should be amended, as appropriate to include AB
AC
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implementation steps. This includes but is not limited to Actions 1.2-1, 2.2-2, 1.2-3, 4.1- 2, 4.1-3, 4.1-7, and 4.2-1.

Ongoing Programs: Majority of the programs lists implementation timelines as “ongoing.” While this may be appropriate for some programs, programs with specific implementation actions must include completion or initiation dates resulting in beneficial impacts within the planning period. For example, Action 1.2-6 commits to partnering with the Chamber of Commerce to encourage options for workforce housing and consider programs to connect homeowners to employees in need of housing yet lists the timeline as “ongoing.” To address this, the program should include a timeline for when and how the City will engage and partner with organizations. This and other programs should include specific dates or benchmarks for implementation throughout the planning period. This includes but not is limited to Actions 1.2-6, 1.2-3, 1.3-3, 1.3-4,

2.1-2, 2.1-3, 2.3-1, 4.1-2, 4.1-3, 4.1-5, 4.2-2, 4.3-1, 4.3-2.

2. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).)
As noted in Finding A4, the element does not include a complete site analysis, therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. In addition, the element should be revised as follows:

Publicly Owned Sites: The element identified City-owned sites to accommodate a portion of the RHNA. The element should include a program with numerical objectives that ensures compliance with the Surplus Land Act, provides incentives and actions along with a schedule to facilitate development of City-owned sites. Actions should include outreach with developers, issuing requests for proposals, incentives, fee waivers, priority processing and financial assistance.

3. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).) As noted in Findings A5 and A6, the element requires a complete analysis of potential governmental constraints. Depending upon the results of that analysis, the City may AE
AF
AG
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need to revise or add programs and address and remove or mitigate any identified constraints.

4. Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent… ….for very low, low-, or moderate-income households... (Gov. Code, § 65583, subd. (c)(7).)
The element is required to include a program that incentivizes or promotes accessory dwelling unit (ADU) development for very low-, low-, and moderate-income households.

While the element included Action 1.2-2, this program does not commit to anything beyond “considering” making amendments to the City’s ADU ordinance. First, HCD’s records indicate that the City has not updated it’s ADU ordinance to comply with recent state law from 2020-2022. The element must include a specific commitment to update the City’s ADU ordinance to be compliant with state law. Second, as noted, the element must include a program that incentivizes or promotes ADU development. Examples of incentives include pursuing funding opportunities, modifying development standards, and reducing fees beyond state law, increasing awareness, pre-approved plans, and homeowner/applicant assistance tools. Other strategies could include developing information packets to market ADU construction, targeted advertising of ADU development opportunities or establishing an ADU specialist within the planning department.

5. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law. (Gov. Code, § 65583, subd. (c)(5).) As noted in Finding A1, the element must include a complete analysis of AFFH. Based on the outcome of that analysis, the element must add or modify programs.

C. Quantified Objectives
Establish the number of housing units, by income level, that can be constructed, rehabilitated, and conserved over a five-year time frame. (Gov. Code, § 65583, subd. (b)(1 & 2).)
Based on HCD’s review, the element included quantified objectives for various income categories for conservation, rehabilitation, and construction in two separate places of the element (p. 5-27 and p. 8-16). First, the element should reconcile these tables to consistently report quantified objectives for each income category. Secondly, the element must include quantified objectives for all income levels, including extremely low income households. Lastly, while the element included some quantifiable objectives for conservation, it must include objectives for the number of housing units that will be rehabilitated and conserved/preserved for all income levels (extremely low, very low, low, moderate, and above moderate).

AH
AI
AJ
Item #7.2.

Page 121 of 144 ends

HE ACTIONS REVIEW MATRIX

EXISTING ACTIONS HCD COMMENT
# Language Time Frame Responsibility ACTION DELIVERABL
E
DATE

PROPOSED
Language Options
GOAL 1 – HOUSING SITES. Maximize opportunities for the development of housing to accommodate anticipated growth and facilitate mobility within the ownership and rental housing markets.

Objective 1.1 – Ensure that an adequate amount of land is available for residential development for all economic segments of the community and to meet the city’s regional share of housing needs.

A1.1-1
When reviewing proposed
residential development projects
and proposals to downzone
residential properties or reclassify
residentially-designated property to
other uses, consider the potential
impact on the ability of the City to
provide adequate sites for
residential development for all
economic segments of the
community and achieve its
quantified housing objectives.

Ongoing
Planning and
Building
Department,
Planning
Commission, City
Council
X
Prohibit downzone or
reclassification to nonresidential uses of residentiallydesignated property. -ORWhen reviewing proposed
residential development projects
and proposals to downzone
residential properties or reclassify
residentially-designated property
to other uses, require Applicant
submit impact analysis to
quantify the potential impact on
the ability of the City to provide
adequate sites for residential
development for all economic
segments of the community and
achieve its quantified housing
objectives.

A1.1-2
Ensure that any amendments to the
Housing Element or other General
Plan elements maintain internal
consistency within the General Plan
as a whole.

Ongoing
Planning and
Building
Department,
Planning
Commission, City
Council
A1.1-3
Evaluate General Plan objectives,
policies, and actions for consistency
with State law and amend as
needed to ensure consistency with
Within one year
of Housing
Element
certification
Planning and
Building
Department,
Planning
Item #7.2.

Page 122 of 144 ends

Programs should include more specific and measurable ACTIONS. (HCD Comment Letter Reference: AC) Programs must have clear outcomes or DELIVERABLES. (HCD Comment Letter Reference: AD) Programs must include specific completion or initiation DATES. (HCD Comment Letter Reference: AE) HCD Response Letter Actions Review: Page 2 of 21
objective design standards and
Housing Element objectives to
encourage housing. Review of
General Plan should include, but
are not limited to: Objective LU 1.4,
LU P1.4-1, LU A1.4-1, Objective LU

3.2, LU P3.2-1, LU A3.2-1, LU
P4.1-4, Objective CI 1.1, CI P1.1-1,
OSC P5.2-1, OSC P5.2-4.

Commission, City
Council
A1.1-4
Modify municipal code to allow for
multifamily housing on vacant or
underutilized portions of lots larger
than one acre if allowed under
zoning and land use controls. New
housing would require sufficient
distance from existing uses to
mitigate noise, health, and safety
risks. An entrance to the lot
separate from the entrance for the
existing use may be ideal.

Within one year
of Housing
Element
certification
Planning and
Building
Department,
Planning
Commission, City
Council
Objective 1.2 – Make effective use of residential development sites.

A1.2-1
Encourage new residential
development to be built to the
maximum number of dwelling units
prescribed by the General Plan for
specific properties, subject to
conformance with the City’s
residential design guidelines and
the General Plan’s residential
design policies.

Ongoing
Planning and
Building
Department,
Planning
Commission, City
Council
X X X
Within one year of Housing
Element certification, amend
Zoning Code to specify
minimum residential density
within the range prescribed by
the General Plan for multi-family
and commercial properties,
subject to conformance with the
City’s residential design guidelines
and the General Plan’s residential
design policies.
-ORDuring pre-application
conferences and application
completeness review,
encourage new residential
development to be built to the
maximum number of dwelling
units prescribed by the General
Plan for specific properties,
Item #7.2.

Page 123 of 144 ends

Programs should include more specific and measurable ACTIONS. (HCD Comment Letter Reference: AC) Programs must have clear outcomes or DELIVERABLES. (HCD Comment Letter Reference: AD) Programs must include specific completion or initiation DATES. (HCD Comment Letter Reference: AE) HCD Response Letter Actions Review: Page 3 of 21
subject to conformance with the
City’s residential design guidelines
and the General Plan’s residential
design policies.

A1.2-2
Consider amendments to the
Zoning Code’s regulations for
accessory dwelling units to
encourage their development, such
as incentives to build and rent out
accessory dwelling units to lower
income community members and
local workers.

Within one year
of Housing
Element
certification
Planning and
Building
Department,
Planning
Commission, City
Council
X
Within one year of Housing
Element certification, amend
Zoning Code’s regulations for
accessory dwelling units to
encourage their development,
such as incentives to build and
rent out accessory dwelling units
to lower income community
members and local workers.

A1.2-3
Continue to partner with the
Housing Authority of the City of
Napa (HACN), Napa/Sonoma
Collaborative, and other non-profits
to educate homeowners on
accessory dwelling units and
encourage increased construction.

Ongoing
Planning and
Building
Department
X X
Within one year of Housing
Element certification, amend
the ADU ordinance to include
provisions less restrictive than
state law requirements, such
as:
▪ Allowing two-story ADUs
▪ ADUs on corner lots
▪ Front yard setbacks that
match the main house
▪ Reduced side or rear yard
setbacks
▪ No parking replacement
required
▪ Defining “attached” for
purposes of a Junior ADU
created out of an attached
garage as “connected by a
common wall, or by a
common roof, covered
walkway, carport or garage,
not more than twenty feet
(20') wide.”
A1.2-4
Consider amendments to the
Zoning Code to permit housing
cooperatives, adaptive reuse of
motels, and single residence
occupancies (SROs) in residential
and mixed-use zones.

Within one year
of Housing
Element
certification
Planning and
Building
Department,
Planning
Commission, City
Council
X
Within one year of Housing
Element certification, amend
the Zoning Code to permit
adaptive reuse of inns and
motels and housing
cooperatives in residential and
Item #7.2.

Page 124 of 144 ends

A1.2-5
Conduct two public workshops with
homeowners on the viability of longterm rentals as a housing solution to accommodate workforce
housing. Invite restaurants, hotels,
and other hospitality-related
companies to participate in these
public workshops.

Within one year
of Housing
Element
certification
Planning and
Building
Department,
Chamber of
Commerce
A1.2-6
Partner with the Chamber of
Commerce to encourage
restaurants, hotels, and other
hospitality-related companies to
work with second home/vacation
home homeowners to provide longterm lease agreements for temporary workforce housing.

Consider programs to connect
interested homeowners with
employers or workers in search of
affordable housing opportunities.

Ongoing
Planning and
Building
Department,
Chamber of
Commerce
X X X
Within one year of Housing
Element certification, expand
contract with the Chamber of
Commerce to include annual
outreach events (open house,
workshop, presentation, etc.)
involving hospitality-related
companies and second
home/vacation home homeowners
to help facilitate the provision of
long-term lease agreements for
temporary workforce housing.

A1.2-7
Adopt objective design standards
for residential development, which
will be applied to projects eligible
for ministerial review.

Within one year
of Housing
Element
certification
Planning and
Building
Department,
Planning
Commission, City
Council
Objective 1.3 – Provide public services and facilities needed for the development of housing.

A1.3-1
Continuously update the Capital
Improvement Program to ensure
that sewer, water, and street
improvements facilitate residential
development.

Annually Public Works
Department
Item #7.2.

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Programs should include more specific and measurable ACTIONS. (HCD Comment Letter Reference: AC) Programs must have clear outcomes or DELIVERABLES. (HCD Comment Letter Reference: AD) Programs must include specific completion or initiation DATES. (HCD Comment Letter Reference: AE) HCD Response Letter Actions Review: Page 5 of 21
A1.3-2
Provide periodic reports to the City
Council on the available water
supply and wastewater treatment
capacity as part of the annual
General Plan Progress Reports.

Annually
Planning and
Building
Department
A1.3-3
Update reasonable, nexus-based
impact/connection fees on
development projects to support
adequate sewer, water and
transportation services, and parks
and cultural facilities.

Ongoing
Planning and
Building
Department
X
Within one year of Housing
Element certification, update
reasonable, nexus-based
impact/connection fees on
development projects to support
adequate sewer, water and
transportation services, and parks
and cultural facilities.

A1.3-4
Periodically review and update
development-related
impact/connection fees to ensure
that fees are commensurate with
the cost to the City for providing
required infrastructure. Consider
reduction in fees for 100 percent
affordable housing projects and the
affordable portion of other projects.

Ongoing
Planning and
Building
Department,
Chamber of
Commerce
X X
Conduct annual reviews of
development-related
impact/connection fees and
update accordingly to ensure
that fees are commensurate with
the cost to the City for providing
required infrastructure.

A1.3-5
Consider using the Affordable
Housing Fund to subsidize all or
part of the water and wastewater
connection fees for affordable
housing projects and affordable
units.

Ongoing City Council X X
Subsidize all or part of
development impact and
connection fees for affordable
housing projects with funding
assistance from sources such
as TOT, in-lieu fees,
development agreements,
inclusionary housing and/or
grant funding to support
provision of short-term, predevelopment, acquisition,
and/or construction funding.

A1.3-6
Ensure that active transportation
grant funding for safe street
initiatives is aligned with housing
strategies.

Ongoing
Planning and
Building
Department, Public
Works Department
A1.3-7
Incorporate housing policies and
Calistoga-specific policies from the
Blue Zones Project Upper Napa
Valley Blueprint, including but not
Within one year
of Housing
Element
certification
Planning and
Building
Department,
Planning
Item #7.2.

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limited to adopting a smoke-free
ordinance for multifamily housing
properties that covers all exclusiveuse areas, interior unit spaces, as well as common areas not already
covered by state law. Identify other
housing policies from the Blueprint
appropriate for incorporation into
City policy as appropriate.

Commission, City
Council
GOAL 2 – HOUSING DEVELOPMENT. Promote housing that meets the needs of extremely low-, low- and moderate-income households, particularly those who work in Calistoga.

Objective 2.1 – Encourage the development of affordable housing.

A2.1-1
Ensure compliance with Statemandated density bonuses and other incentives for projects that
reserve units for extremely low-,
very low-, low-, and moderateincome households.

Ongoing
Planning and
Building
Department
A2.1-2
Maintain the City’s Affordable
Housing Fund as a source of
funding for affordable housing to
extremely low-, very low-, low-and
moderate-income households.

Ongoing City Council X
Conduct annual assessments
to monitor the City’s Affordable
Housing Fund and convey to
public (via City website, notices
at the public counter, etc.) as a
source of funding for affordable
housing to extremely low-, very
low-, low-and moderate-income
households.

A2.1-3
Allocate, as economic resources
permit, a portion of any tax revenue
resulting from new development,
including transient occupancy tax
(TOT), to support housing
opportunities for extremely low-,
very low-, low-and moderateincome households, including for use in land banking, development
of affordable housing, or other uses
that will lead to more affordable
housing.

Ongoing. Within
two years of
Housing
Element
certification,
pursue the
purchase of
property for the
construction of
affordable
and/or specialneeds housing.

City Council X
Within two years of Housing
Element certification, pursue
the purchase of property for the
construction of affordable
and/or special-needs housing
utilizing revenue from sources
such as TOT, in-lieu fees,
development agreements,
inclusionary housing and/or
grant funding.

Item #7.2.

Page 127 of 144 ends

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A2.1-4
Use loan repayments from the
1980s CDBG residential
rehabilitation program to fund
programs and projects that benefit
extremely low-, very low-, low-and
moderate-income households.

Ongoing. Funds
from this
account are
used annually to
support contract
services with
the City of Napa
Housing
Authority (grant
applications and
program
administration),
Napa Valley
Community
Action
(homeless
services), Napa
Valley Fair
Housing and
Rebuilding
Calistoga.

City Council
A2.1-5
Change the zoning on housing
opportunity sites to allow ministerial
review of housing development
projects when a minimum of 20
percent of the units in the
development are affordable to
extremely low-, very low-, low-, or
moderate-income households.

Within one year
of Housing
Element
certification
Planning and
Building
Department,
Planning
Commission, City
Council
A2.1-6
Consider adopting CASA
(Committee to House the Bay Area)
Compact Element #7, which would
provide an expedited approval
process and financial incentives for
the provision of on-site housing
units affordable to the missingmiddle income ranges, which includes households that earn 80 to
120 percent AMI.

Within one year
of Housing
Element
certification
Planning and
Building
Department,
Planning
Commission, City
Council
X
Within one year of Housing
Element certification, adopt
CASA (Committee to House the
Bay Area) Compact Element #7,
which would provide an expedited
approval process and financial
incentives for the provision of onsite housing units affordable to the missing-middle income ranges,
which includes households that
earn 80 to 120 percent AMI.

Objective 2.2 – Pursue state and federal funding assistance appropriate to Calistoga’s needs for affordable housing.

Item #7.2.

Page 128 of 144 ends

Programs should include more specific and measurable ACTIONS. (HCD Comment Letter Reference: AC) Programs must have clear outcomes or DELIVERABLES. (HCD Comment Letter Reference: AD) Programs must include specific completion or initiation DATES. (HCD Comment Letter Reference: AE) HCD Response Letter Actions Review: Page 8 of 21
A2.2-1
Use local funding to leverage
funding available from federal,
state, county, and private funding
sources for affordable housing and
housing for special needs groups.

Ongoing. Meet
with the
Housing
Authority of the
City of Napa at
least annually to
review
upcoming
funding
application
notices, identify
feasible
programs and
determine how
the Affordable
Housing Fund
and Community
Development
Fund can be
leveraged to
maximize the
likelihood of
success in
obtaining
funding awards.

Assist the
HACN in
applying for
suitable funding.

Planning and
Building
Department.

X X
Meet with the Housing Authority
of the City of Napa (HACN) at
least annually to review
upcoming Notices of Funding
Availability (NOFA) for the
purpose of identifying
opportunities to match local
funds with federal, state,
county, and private funding
sources for affordable housing
and housing for special needs
groups.

A2.2-2
Assist developers in seeking
funding for affordable housing from
at least three sources: (1) local
banks seeking to meet their
obligations under the Community
Reinvestment Act, (2) investors
seeking Low-Income Housing Tax
Credits, and (3) federal and state
funds, including those available
under the HOME program.

Ongoing
Planning and
Building
Department.

X X
Conduct annual outreach
events (workshops or webinars,
City website notices, public
counter material, postings,
regional coordination with
HACN and others, etc.)
targeting developers in seeking
funding for affordable housing
from at least three sources: (1)
local banks seeking to meet their
obligations under the Community
Reinvestment Act, (2) investors
seeking Low-Income Housing Tax
Item #7.2.

Page 129 of 144 ends

A2.2-3
Explore potential for a partnership
between the Planning and Building
Department and the Chamber of
Commerce to host annual
workshops on rental assistance
resources and services.

Within one year
of Housing
Element
certification
Planning and
Building
Department,
Chamber of
Commerce
X
Within one year of Housing
Element certification, expand
contract with the Chamber of
Commerce to include formalize
a partnership (in conjunction with
Policy A1.2-6) with the Planning
and Building Department to host
an annual workshop on rental
assistance resources and
services.

Objective 2.3 – Address the impacts of nonresidential development and market-rate residential development on the demand for, and the development of, affordable housing.

A2.3-1
Charge affordable housing linkage
fees on nonresidential development
that are deposited in the Affordable
Housing Fund to be used, in part, to
increase the supply of affordable
housing. Periodically review and
revise the fees as necessary.

Ongoing;
provided by
CMC Section

17.08.020(B)
Planning and
Building
Department.

X
Within one year of Housing
Element certification, conduct a
code audit of CMC Chapter

17.08 Affordable Housing to
ensure that funds generated by
the policies (including
nonresidential linkage fees) are
sufficient to increase the supply
of affordable housing.

Periodically review and revise
the fees as necessary.

GOAL 3 – EXISITING HOUSING. Maintain the City’s housing stock and protect the affordability of affordable units.

Objective 3.1 – Minimize the loss of existing housing units.

A3.1-1
Where the loss of affordable
housing occurs through demolition
or conversion, these units shall be
replaced on-site or elsewhere. The
City Council may allow the payment
of an in-lieu fee to the Affordable
Housing Fund for lost units in
addition to any affordable housing
linkage fee in cases where the
proposed uses clearly provide other
Ongoing
Planning and
Building
Department, City
Council
Item #7.2.

Page 130 of 144 ends

A3.1-2
Continue to actively enforce the
Zoning Code’s prohibition of
vacation rentals (i.e., the renting of
homes for fewer than 30 days).

Ongoing
Planning and
Building
Department, Police
Department
Objective 3.2 – Minimize the conversion of affordable units to market-rate units.

A3.2-1
Monitor deed-restricted affordable
housing projects to ensure
compliance with affordability
requirements and restrictions.

Ongoing.

Monitoring
reports verifying
rents and
household
incomes
completed by
Housing
Authority of the
City of Napa
annually.

Planning and
Building
Department,
Housing Authority
of the City of Napa
A3.2-2
Continue to administer the Mobile
Home Rent Stabilization Ordinance
and defend it against legal
challenges. Monitor the
effectiveness of the Ordinance and
revise if necessary to maximize its
effectiveness.

Ongoing
Planning and
Building
Department, City
Council
GOAL 4 – SPECIAL NEEDS. Address the housing needs of special-needs population groups, including seniors, farmworkers, people with disabilities including developmental disabilities, large families, and female-headed households.

Objective 4.1 – Promote housing for special-needs population groups.

A4.1-1
Approve residential density
bonuses and incentives consistent
with the provisions of State law for
senior housing projects and any
other special needs focused
housing proposed.

Ongoing
Planning and
Building
Department,
Planning
Commission
Item #7.2.

Page 131 of 144 ends

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A4.1-2
Collaborate with Napa County, the
agricultural industry, and non-profit
organizations to assess the needs,
plans, and funding for developing
farmworker housing to meet the
needs of permanent and seasonal
laborers.

Ongoing.

Continue to
provide annual
funding to the
Napa County
Housing
Authority to
support the
three
farmworker
housing centers,
including the
Calistoga
Center.

Planning and
Building
Department.

X X
Meet with the Housing Authority
of the City of Napa (HACN) and
the Napa County Housing
Authority at least annually to
continue to provide annual funding
to the Napa County Housing
Authority to support the three
farmworker housing centers,
including the Calistoga Center.

A4.1-3
Collaborate with Napa County and
non-profit organizations to assess
the needs of the homeless by
participating in efforts to survey this
population and providing funding or
other support to ensure the
provision of shelters on a regional
basis.

Ongoing. The
City provides
annual funding
to Community
Action Napa
Valley to
support
homeless
services.

Planning and
Building
Department, City
Council

CHECK RE

STATUS OF
CANV
X X
Meet annually with Napa County
and non-profit organizations
annually to ensure that the
City’s annual funding to
Community Action Napa Valley
continues to be sufficient to
support homeless services.

A4.1-4
Provide information about the 211-
phone system, which provides
assistance to persons in need of
emergency shelter.

Ongoing. The
City provides
this information
at city offices
and on its
website.

Planning and
Building
Department, Police
Department
A4.1-5
Maintain an up-to-date Housing
Resources page on the City’s
website that provides information
on the City’s housing programs and
links to the websites of local
housing organizations and housing
agencies that provide additional
housing programs.

Ongoing
Planning and
Building
Department.

X
Conduct annual assessment of
City’s Housing Resources
webpage to update and refresh
local housing programs and
links to local housing
organizations and housing
agencies that provide
affordable housing programs.

A4.1-6
As part of the project review
process, provide incentives to
market-rate rental housing projects
of 10 or more units that provide
affordable three-and four-bedroom
Ongoing
Planning and
Building
Department,
Planning
Commission
Item #7.2.

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units, which may include waivers
from or modifications to
development standards as
determined to be appropriate
through the development review
process.

A4.1-7
Encourage developers of
affordable housing projects to
designate a share of the units for
the disabled, including
developmentally disabled persons.

Ongoing
Planning and
Building
Department,
Planning
Commission, City
Council
X
Within one year of Housing
Element certification, amend
zoning ordinance to establish
regulatory concessions or
waivers for projects including
units deed restricted for
developmentally disabled
persons.
-OREnsure that developers of
affordable housing projects
comply with state and federal
laws related to provision of
units for the disabled, including
developmentally disabled
persons.

A4.1-8
Amend Zoning Code Chapter

17.04, Definitions, to update the
definition for “Low Barrier
Navigation Center” consistent with
state law. Amend the Downtown
Commercial Zoning District to allow
low barrier navigation centers as a
permitted use by right.

Within one year
of Housing
Element
certification
Planning and
Building
Department,
Planning
Commission, City
Council
Objective 4.2 – Financially support housing for special-needs population groups.

A4.2-1
Maintain the City’s Affordable
Housing Fund as a source of
funding for housing for specialneeds population groups.

Ongoing City Council X
Within one year of Housing
Element certification, amend
CMC Chapter 17.08 Affordable
Housing to earmark a percent
of the City’s Affordable Housing
Fund (as increased % of TOT)
as a source of funding for
housing for special-needs
population groups.

Item #7.2.

Page 133 of 144 ends

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A4.2-2
Allocate, as economic resources
permit, a portion of any tax revenue
resulting from new development,
including transient occupancy tax
(TOT), to support housing
opportunities for special-needs
population groups.

Ongoing City Council X
Eliminate Action – combined
with A4.2-1
A4.2-3
Use loan repayments from the
CDBG account to fund programs
and projects that benefit specialneeds population groups.

City Council
Objective 4.3 – Pursue state and federal funding assistance appropriate to Calistoga’s needs for special-needs housing.

A4.3-1
Use local funding to leverage
funding available from federal,
state, county, and private funding
sources for special needs groups.

Ongoing
Planning and
Building
Department.

X
Continually, pursue funding
available from federal, state,
county, and private funding
sources for special needs
groups.

Item #7.2.

Page 134 of 144 ends

Programs should include more specific and measurable ACTIONS. (HCD Comment Letter Reference: AC) Programs must have clear outcomes or DELIVERABLES. (HCD Comment Letter Reference: AD) Programs must include specific completion or initiation DATES. (HCD Comment Letter Reference: AE) HCD Response Letter Actions Review: Page 14 of 21
A4.3-2
Maintain a Housing Resources
page on the City’s website that
provides information on resources
for special-needs population groups
and links to the websites of local
housing organizations and housing
agencies.

Ongoing
Planning and
Building
Department.

X
Conduct quarterly updates of
the Housing Resources page on
the City’s website that provides
information on resources for
special-needs population
groups and links to the
websites of local housing
organizations and housing
agencies.

Objective 4.4 – Provide access to housing for people with disabilities including developmental disabilities.

A4.4-1
Enforce State requirements for
accessibility and adaptability in
remodeled and new housing
projects.

Ongoing
Planning and
Building
Department.

X X
Conduct annual assessments
of City’s enforcement of State
requirements for accessibility
and adaptability in remodeled
and new housing projects.

A4.4-2
Enforce the City’s Universal Design
Policy that requires accessible
design features to be incorporated
into newly-constructed and
substantially-rehabilitated singlefamily and duplex residences to the maximum feasible extent, and
update as necessary.

Ongoing
Planning and
Building
Department.

X
Within one year of Housing
Element certification, update
the City’s Universal Design
Policy that requires accessible
design features to be
incorporated into newlyconstructed and substantiallyrehabilitated single-family and duplex residences to the
maximum feasible extent, and
update as necessary.

A4.4-3
Seek grants to retrofit existing
housing to provide disabled
accessibility.

Ongoing
Planning and
Building
Department.

X X X
Continually, pursue grant
funding to retrofit existing
housing to provide disabled
accessibility.

A4.4-4
Inform the public about the City’s
reasonable accommodations
provisions that allow modifications
to the City’s development standards
for persons with disabilities seeking
equal access to housing.

Ongoing
Planning and
Building
Department.

X X
Within one year of Housing
Element certification, inform the
public via the City website
about the City’s reasonable
accommodations provisions
that allow modifications to the
City’s development standards
for persons with disabilities
seeking equal access to
housing.

Item #7.2.

Page 135 of 144 ends

A4.5-1
Conduct two public workshops with
worker organizations and
cooperative housing specialists on
the viability of cooperative housing
as a housing solution to
accommodate workforce housing.

Within one year
of Housing
Element
certification
Planning and
Building
Department,
Chamber of
Commerce
A4.5-2
Invite major employers and worker
organizations, as well as local
organizations such as Fair Housing
Napa Valley and the UpValley
Family Center, to a public forum in
order to identify clear needs and
available resources for workforce
housing opportunities.

Within one year
of Housing
Element
certification
Planning and
Building
Department,
Chamber of
Commerce
A4.5-3
Collaborate with County and local
organizations such as Fair Housing
Napa Valley and the UpValley
Family Center to bring more
bilingual/multilingual service
providers to existing farmworker
housing centers.

Within one year
of Housing
Element
certification
Planning and
Building
Department.

X
Within one year of Housing
Element certification,
collaborate with County and
local organizations such as Fair
Housing Napa Valley and the
UpValley Family Center to
ensure that city funding
contributions are sufficient to
adequately provide
bilingual/multilingual service to
existing farmworker housing
centers and expand budgets if
necessary.

A4.5-4
Seek grants and funding
opportunities for farmworker family
housing in Calistoga.

Within one year
of Housing
Element
certification
Planning and
Building
Department.

X X
Eliminate – resolved by A 4.1-2:

Meet with the Housing Authority
of the City of Napa (HACN) and
the Napa County Housing
Authority at least annually to
continue to provide annual funding
to the Napa County Housing
Authority to support the three
farmworker housing centers,
including the Calistoga Center.

Item #7.2.

Page 136 of 144 ends

Programs should include more specific and measurable ACTIONS. (HCD Comment Letter Reference: AC) Programs must have clear outcomes or DELIVERABLES. (HCD Comment Letter Reference: AD) Programs must include specific completion or initiation DATES. (HCD Comment Letter Reference: AE) HCD Response Letter Actions Review: Page 16 of 21
GOAL 5 – HOUSING MAINTENANCE. Maintain and enhance the physical condition and aesthetic qualities of existing residential neighborhoods.

Objective 5.1 – Preserve and improve the quality of existing housing.

A5.1-1
Offer technical assistance to aid
homeowners in maintaining,
upgrading, and improving their
property.

Ongoing
Planning and
Building
Department.

X X X
Conduct annual outreach
events (workshops or webinars,
City website notices, public
counter material, direct
mailings, etc.) targeting lowincome homeowners to offer technical assistance in
maintaining, upgrading, and
improving their property.

A5.1-2
Provide funding and cooperate with
volunteer groups such as
Rebuilding Calistoga to help lowerincome households maintain and upgrade their property.

Ongoing.

Annual funding
is provided to
Rebuilding
Calistoga.

Planning and
Building
Department, City
Council
X X
Annually, pursue CDBG Grant
funding to fund coordination
with volunteer groups such as
Rebuilding Calistoga help lowerincome households maintain and upgrade their property.

A5.1-3
Continue to correct health and
safety issues identified during
routine building permitting and
inspection activities.

Ongoing
Planning and
Building
Department, Fire
Department
X Delete – required by state law.

A5.1-4
Develop and adopt a procedure as
part of the City’s Code Enforcement
Program for the City to intervene
when a property is becoming
seriously deteriorated, especially if
it is of historic significance.

Within one year
of Housing
Element
certification
Planning and
Building
Department, Police
Department
A5.1-5
Maintain an annual inspection
program to enforce health and
safety codes and abate unsafe
living conditions in the City’s multifamily housing complexes and mobile home parks.

Ongoing. The
City inspects
one mobile
home park
annually and all
multi-family
housing is
inspected
annually.

Planning and
Building
Department, Fire
Department
Objective 5.2 – Encourage private investment in older residential neighborhoods and the private rehabilitation of housing.

Item #7.2.

Page 137 of 144 ends

Ongoing
Planning and
Building
Department.

X
Delete – Housing Element does
not regulate public right-of-way.

Regulated General Plan Mobility
Element and CMC title 12 and
Capital Improvement
Programming
A5.2-2
Allow the application of the State’s
Historic Building Code to qualified
homes in order to provide flexibility
in rehabilitation and modification
efforts.

Ongoing
Planning and
Building
Department.

A5.2-3
Publicize the City’s Mills Act
program to encourage owners of
qualified owner-occupied homes to
actively participate in the
rehabilitation, restoration,
preservation, and maintenance of
their historic property in exchange
for a reduction in their property
taxes.

Ongoing.

Information is
provided on the
City’s website
and to property
owners of
historic
properties who
apply for
building permits.

Planning and
Building
Department.

X
Conduct annual outreach
events (workshops or webinars,
City website notices, public
counter material, direct
mailings, etc.) publicizing the
City’s Mills Act program to
encourage owners of qualified
owner-occupied homes to actively
participate in the rehabilitation,
restoration, preservation, and
maintenance of their historic
property in exchange for a
reduction in their property taxes.

Objective 5.3 – Ensure new housing development complements Calistoga’s rural small-town community identity, incorporates quality design, and complies with objective design standards when applicable.

A5.3-1
The City’s residential design
standards, the General Plan’s
Character Area Overlay Districts,
and objective design standards
when adopted shall be considered
in the review of proposed
residential projects.

Ongoing
Planning and
Building
Department,
Planning
Commission
A5.3-2
As part of the project review
process, encourage new
residential subdivisions of ten or
more lots or units to provide a
range of lot sizes and designs to
the extent feasible, and avoid
“cookie cutter” approaches to
subdivision design.

Ongoing
Planning and
Building
Department,
Planning
Commission
X
Include elements in objective
design standards referenced in
A1.2-7and A5.3-1 related to site
design and lot configurations to
ensure context sensitivity.

Item #7.2.

Page 138 of 144 ends

Programs should include more specific and measurable ACTIONS. (HCD Comment Letter Reference: AC) Programs must have clear outcomes or DELIVERABLES. (HCD Comment Letter Reference: AD) Programs must include specific completion or initiation DATES. (HCD Comment Letter Reference: AE) HCD Response Letter Actions Review: Page 18 of 21
A5.3-3
Consider applying objective design
standards referenced in A1.2-7and
A5.3-1 for non-ministerial review
development projects.

Within one year
of Housing
Element
certification
Planning and
Building
Department,
Planning
Commission, City
Council
X
Include elements in objective
design standards referenced in
A1.2-7and A5.3-1 related to
non-ministerial review
development projects .

GOAL 6 – STREAMLINING. Remove governmental constraints to the maintenance, improvement, and development of housing, where feasible.

Objective 6.1 – Streamline the City’s permit review process, simplify regulations, and minimize fees to promote the provision and maintenance of housing.

A6.1-1
Allow use of the Historic Building
Code to facilitate the rehabilitation
of historic residences.

Ongoing
Planning and
Building
Department.

A6.1-2
Modify the Zoning Ordinance so
that parcels in the Site Inventory
identified in previous Housing
Elements ("Reuse Sites") with at
least 20 percent of the units
affordable to lower-income
households are eligible for by-right
processing with ministerial review.

Before modification of the Zoning
Ordinance, the City should consider
identification of any biological or
cultural resources on the Reuse
Sites that may impact the
development viability of the
identified sites.

By January
2026
Planning and
Building
Department,
Planning
Commission, City
Council
A6.1-3
Allow the joint utilization of parking
spaces where it can be
demonstrated that shared use will
not result in an unacceptable
impact on parking in the public
right-of-way or on off-street parking
lots.

Ongoing
Planning and
Building
Department.

X X X
DELETE: Conveyed by CMC
Section 17.36.040 Joint
Utilization of Spaces.

GOAL 7 – ANTI-DISCRIMINATION. Prevent housing discrimination on the basis of race/ethnicity, color, national origin, sex (including gender identity and sexual orientation), religion, age, ancestry, marital status, children, familial status, or disability.

Objective 7.1 – Provide housing opportunities for all persons regardless of race/ethnicity, color, national origin, sex (including gender identity and sexual Item #7.2.

Page 139 of 144 ends

A7.1-1
Provide bilingual information about
fair housing at public locations,
including displaying printed
materials at City Hall, providing
printed materials to the UpValley
Family Center, and including links
to fair housing resources on the
Housing Resources page of the
City’s website.

Ongoing
Planning and
Building
Department.

X X
Conduct annual outreach
events (workshops or webinars,
City Housing Resources page,
public postings, public counter
and UpValley Family Center
material, direct mailings, etc.)
providing bilingual information
about fair housing and
including links to fair housing
resources.

A7.1-2
Provide financial support to, and
work with local organizations, such
as Fair Housing Napa Valley and
the UpValley Family Center, to
provide multi-lingual landlord-tenant
education, conciliation, and the
intake of discrimination complaints,
investigation, and enforcement.

Ongoing. The
City provides
annual funding
to both of these
groups.

Planning and
Building
Department, City
Council
X X
Conduct annual outreach
events (workshops or webinars,
City Housing Resources page,
public postings, public counter
and UpValley Family Center
material, direct mailings, etc.)
targeted to local organizations,
such as Fair Housing Napa Valley
and the UpValley Family Center,
to provide multi-lingual landlordtenant education, conciliation, and the intake of discrimination
complaints, investigation, and
enforcement.

A7.1-3
Include a Fair Housing Marketing
Plan as part of housing
opportunities created through the
City’s affordable housing programs.

Ongoing
Planning and
Building
Department.

X X X
Within one year of Housing
Element certification, contract
for the creation of a Fair Housing
Marketing Plan as part of housing
opportunities created through the
City’s affordable housing
programs.

A7.1-4
Continue to implement fair housing
practices in affordable housing
programs, such as the HOME
residential rehabilitation program.

Ongoing
Planning and
Building
Department.

A7.1-5 Consider adopting a just cause
eviction ordinance.

Within one year
of Housing
Element
certification
Planning and
Building
Department,
Planning
Commission, City
X
Within one year of Housing
Element certification, adopt a
just cause eviction ordinance.

Item #7.2.

Page 140 of 144 ends

Programs should include more specific and measurable ACTIONS. (HCD Comment Letter Reference: AC) Programs must have clear outcomes or DELIVERABLES. (HCD Comment Letter Reference: AD) Programs must include specific completion or initiation DATES. (HCD Comment Letter Reference: AE) HCD Response Letter Actions Review: Page 20 of 21
Council
GOAL 8 – SUSTAINABILITY. Reduce energy use and greenhouse gas production in existing and new residential development.

Objective 8.1 – Reduce energy demand in new and existing housing through conservation and efficiency.

A8.1-1
Publicize the availability of
weatherization and energyefficiency programs for existing residences that are offered by utility
companies and other organizations.

Ongoing.

Information
about the HERO
and CalFirst
loan programs
is posted on the
City’s website.

Planning and
Building
Department.

X
Conduct annual outreach
events (workshops or webinars,
City Housing Resources page,
public postings, public counter,
direct mailings, etc.) to
publicize the availability of
HERO and CalFirst loan
programs for weatherization
and energy-efficiency programs
for existing residences that are
offered by utility companies
and other organizations.

A8.1-2
Ensure efficient water use for
irrigation by adopting the State’s
standards for water-efficient
landscape design.

Within one year
of Housing
Element
certification
Planning and
Building
Department, City
Council
A8.1-3
Fund energy conservation
improvements through local
rehabilitation programs to assist
lower-income households in
lowering energy expenses.

Ongoing. The
current HOME
rehabilitation
program
includes funding
for energyefficiency
improvements.

Planning and
Building
Department, City
Council
X X
Annually, ensure continued
funding for HOME rehabilitation
program for energy
conservation improvements to
assist lower-income
households in lowering energy
expenses.

A8.1-4
Consider a local ordinance (i.e.
“reach codes”) promoting energy
efficient house construction to
reduce energy consumption beyond
what is required in State codes, in
newly built residential development.

Within one year
of Housing
Element
certification
Planning and
Building
Department, City
Council
X X
Within one year of Housing
Element certification, adopt a
local ordinance (i.e. “reach
codes”) promoting energy
efficient house construction to
reduce energy consumption
beyond what is required in
State codes, in newly built
residential development.

Item #7.2.

Page 141 of 144 ends

Page 142 of 144 ends

S M T W T F S S M T W T F S
1 2 3 1 HAC
4 5 6 7 8 9 10 2 3 4 5 6 7 8 9/19 Review + Briefing
11 12 13 14 15 16 17 9 10 11 12 13 14 15 10/17 Advisement 18 19 20 21 22 23 24 16 17 18 19 20 21 22 2/21 Review + Advisement 25 26 27 28 29 30 23 24 25 26 27 28 29
30 31 PC
9/28 Review + Briefing
10/26 Recommend Direction
S M T W T F S S M T W T F S 2/22 Recommend Adoption
1 2 3 4 5 1 2 3
6 7 8 9 10 11 12 4 5 6 7 8 9 10 CC
13 14 15 16 17 18 19 11 12 13 14 15 16 17 10/18 Review + Briefing 20 21 22 23 24 25 26 18 19 20 21 22 23 24 11/15 Direction 27 28 29 30 25 26 27 28 29 30 31 3/21 Adoption
4/18 Adoption (as needed)

S M T W T F S S M T W T F S
1 2 3 4 5 6 7 1 2 3 4
8 9 10 11 12 13 14 5 6 7 8 9 10 11
15 16 17 18 19 20 21 12 13 14 15 16 17 18 Doc Prep
22 23 24 25 26 27 28 19 20 21 22 23 24 25
29 30 31 26 27 28 HCD Review

S M T W T F S S M T W T F S
1 2 3 4 1
5 6 7 8 9 10 11 2 3 4 5 6 7 8
12 13 14 15 16 17 18 9 10 11 12 13 14 15
19 20 21 22 23 24 25 16 17 18 19 20 21 22
26 27 28 29 30 31 23 24 25 26 27 30 31
City of Calistoga
2023-31 Housing Element Schedule

JANUARY FEBRUARY

MARCH APRIL

SEPTEMBER OCTOBER

NOVEMBER DECEMBER
Item #7.2.

Page 143 of 144 ends

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Marni Rittburg, City Clerk
Meeting: City Council - Oct 18 2022
Subject: Logistics for Special Meetings
DESCRIPTION:

Logistics for Special Meetings
RECOMMENDATION:

Hear staff input on special meeting logistics and provide direction.

BACKGROUND/SUMMARY:

Hybrid meetings for special meetings, including closed sessions, are proving challenging. Research is underway to determine what options may be available. Staff will provide additional insights during the City Council meeting.

CEQA STATUS:

The action 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.

APPROVAL(S):

Marni Rittburg, City Clerk Approved - Oct 11 2022
Item #7.3.

Page 144 of 144 ends

Calistoga City CouncilOctober 18, 2022

Calistoga City Council
October 18, 2022