Calistoga City Council
December 6, 2022

Mayor
Chris Canning
Vice Mayor
Irais Lopez-Ortega
Councilmembers
Lisa M. Gift
Gary Kraus
Donald Williams
AGENDA
City Council - Regular Meeting
Tuesday, December 6, 2022 - 6:00 PM
Calistoga Community Center
1307 Washington Street, Calistoga, CA 94515
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 canceled, 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. PROCLAMATIONS/PRESENTATIONS/ AWARDS

7. CONSENT CALENDAR

7.1. Consider adopting Ordinance 757 repealing certain chapters of Calistoga Municipal Code Title 15, Building Standards Codes, and adopting updates to CMC Title 15 and Title 24.

Recommended Action: Adopt Ordinance 757 as submitted adopting the 2022 California Building Standards Code, Title 24, with local amendments, and the 2021 International Property Maintenance Code and 2021 International Pool and Spa Code.

Staff Report - 2022 California Building Standards Adoption - Pdf 5 - 36

7.2. Consider adopting a Resolution accepting the FY 2021-22 Development Impact Fees Annual Report in Compliance with Assembly Bill 1600.

Recommended Action: Adopt a Resolution Accepting the FY 21-22 annual development fee report
Staff Report - FY 2021-22 Development Impact Fees Annual Report in Compliance with Assembly Bill 1600 - Pdf
*Updated* Amended Annual Report by Fee Type - Developer Fees 2022 37 - 47

7.3. Consider adopting a Resolution that amends salary and benefits schedules by incorporating January 1, 2023 California minimum wage changes and approving salary and benefit changes to unrepresented employees.

Recommended Action: Adopt a Resolution approving an amendment to the Temporary Employee Salary Schedule, Unrepresented Management Employees Salary and Benefits Schedule, and Executive Management Employees Salary and Benefits Schedule.

Staff Report - Approving Amendments to the Temporary Employees Salary Schedule, Unrepresented Management Employees Salary and Benefits Schedule, and E - Pdf
48 - 81

7.4. Consider adopting a Resolution confirming the Mayor's Appointments to the Active Transportation Advisory Committee, Green Committee, Housing Advisory Committee, and the Planning Commission. 82 - 110

Recommended Action: Consider the recommendations and adopt the Resolution.

Staff Report - Appointments to City Commissions and Committees - Pdf

7.5. Consideration of proposed uncodified ordinance canceling the City of Calistoga’s enforcement responsibility for mobile home parks (MHP) and installations and special occupancy parks under the California Health and Safety Code.

Recommended Action: Introduce the attached draft Ordinance and waive its first reading.

Staff Report - Uncodified Ordinance: Relinquishing Enforcement Responsibility for Mobile Home Parks & Installations & Special Occupancy Parks - Pdf
Item 7.5 - Public Comment - Redacted
111 - 117

7.6. Consider adopting a Resolution authorizing the City Manager to execute a Consultant Services Agreement with M-Group to prepare an EIR for the Kortum Ranch project as part of the CEQA analysis.

Recommended Action: Adopt the attached Resolution.

Staff Report - Consultant Services Agreement Kortum Ranch – CEQA Environmental Impact Report (EIR) - Pdf
118 - 145

7.7. Consider adopting a Resolution authorizing the City of Calistoga to execute a professional service agreement with Godbe Research for a parks and recreation need's assessment survey.

Recommended Action: Adopt Resolution.

Staff Report - Awards Need's Assessment Survey Contract - Pdf 146 - 168

7.8. Authorizing payment to Napa County for the purpose of conducting a special election for the formation of a Community Facility District for the Fairgrounds
Recommended Action: By minute order, authorize payment to Napa County for the purpose of conducting a special election for the formation of a Community Facility District for the Fairgrounds and adjust the City FY 2022-23 budget as necessary
Staff Report - Authorizing Funding to Conduct the Special Election for Formation of Fairgrounds CFD - Pdf
169 - 170

8. PUBLIC HEARING

8.1. Consideration of 1) Resolution for formation of City of Calistoga Community Facility District (CFD) No. 2022-1 (Fairgrounds Acquisition and Maintenance) to finance public services and the acquisition and construction of certain public facilities; 2) Resolution determining necessity to incur bonded indebtedness for No. CFD 2022-1, and 3) Resolution calling a special election for No. CFD 2022-1. In addition, to approve a resolution approving an argument in favor of the CFD special tax measure that would be submitted to the voters on behalf of the entire City Council.

Recommended Action: Hold Public Hearing and consider adopting four Resolutions.
171 - 201

Staff Report - Approval of a Resolution of Formation of CFD No. 2022-1, Resolution Determining Necessity for Bonds for CFD No. 2022-1, Resolution Call - Pdf
Item 8.1 - Public Comments - Redacted

9. GENERAL GOVERNMENT

9.1. Consideration of proposed amendments to the Calistoga Municipal Code to include new regulations governing the use of reusable and disposable foodware to encourage waste reduction within the City of Calistoga (City).

Recommended Action: Provide direction to staff regarding the applicability of the draft Municipal Code Amendments as presented and any other regulations.

Staff Report - Municipal Code Amendments Regulating Reusable Foodware and Waste Reduction - Pdf
202 - 226

9.2. Report on Police response to party noise complaints to the City Council Recommended Action: Solicit input and direction from the city council regarding police response to party noise complaints.

Staff Report - Party Noise Complaints - Pdf
227 - 237

10. COUNCIL REQUESTS AND IDEAS FOR DISCUSSION

11. ADJOURNMENT
NOTICE: If you challenge a city’s zoning, planning, or other decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Judicial review of any City administrative decision may be had only if a petition is filed with the court not later than the 90th day following the date upon which the decision becomes final. Judicial review of environmental determinations may be subject to a shorter time period for Litigation, in certain cases 30 days following the date of final decision.

Pursuant to GC §54957.5 any writings/documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection on the City website at www.ci.calistoga.ca.us.

SUPPLEMENTAL MATERIAL RECEIVED AFTER THE POSTING OF THE AGENDA:

Any supplemental writings or documents distributed to a majority of the City Council regarding any item on this Agenda, after the posting of the Agenda, will be available for public review in the City Clerk’s Office located at 1232 Washington Street, Calistoga, California, during normal business hours and by appointment. In addition, such writings or documents will be made available on the City’s website.

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, speechto-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 November 29, 2022, by 4:30 p.m. *This agenda was reposted with revised attachments on Item 7.2 on December 2, 2022, by 4:30 p.m.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Jeff Mitchem, Planning & Building Director
Meeting: City Council - Dec 06 2022
Subject: 2022 California Building Standards Adoption
DESCRIPTION:

Consider adopting Ordinance 757 repealing certain chapters of Calistoga Municipal Code Title 15, Building Standards Codes, and adopting updates to CMC Title 15 and Title 24.

RECOMMENDATION:

Adopt Ordinance 757 as submitted adopting the 2022 California Building Standards Code, Title 24, with local amendments, and the 2021 International Property Maintenance Code and 2021 International Pool and Spa Code.

BACKGROUND/SUMMARY:

On November 15, 2022, following a public hearing, the City Council introduced the attached ordinance.

CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:

Goal 7 Enhance Calistoga's safety. Goal 6 Create an environmentally sustainable community.

CEQA STATUS:

Exempt
FINANCIAL IMPACT:

None
ATTACHMENT(S):

ATTCH 1 Ordinance 757 - 2022 Code Adoption
APPROVAL(S):

Laura Snideman, City Manager Approved - Nov 28 2022
Marni Rittburg, City Clerk Approved - Nov 28 2022
Item #7.1.

ATTACHMENT 1
ORDINANCE NO. 757

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALISTOGA REPEALING CALISTOGA MUNICIPAL CODE CHAPTERS 15.01 GENERAL PROVISIONS, 15.04 ADMINISTRATIVE CODE, 15.08 CALIFORNIA BUILDING CODE, 15.12 CALIFORNIA RESIDENTIAL CODE, 15.16 CALIFORNIA ELECTRICAL CODE, 15.20 CALIFORNIA MECHANICAL CODE, 15.24 CALIFORNIA PLUMBING CODE, 15.28 CALIFORNIA ENERGY CODE, 15.32 CALIFORNIA HISTORICAL BUILDING CODE, 15.36 CALIFORNIA FIRE CODE, 15.40 CALIFORNIA EXISTING BUILDING CODE, 15.44 CALIFORNIA GREEN BUILDING STANDARDS AND 15.48 CALIFORNIA REFERENCE STANDARDS OF TITLE 15, BUILDING STANDARDS CODES; AND ADOPTING THE 2022 CALIFORNIA BUILDING STANDARDS CODE, TITLE 24, AS ADOPTED BY THE CALIFORNIA STATE BUILDING STANDARDS

COMMISSION, WITH LOCAL AMENDMENTS
WHEREAS, the International Code Council publishes model codes that provide jurisdictions such as the City of Calistoga with a complete set of model building-related regulations for adoption. These model codes are updated approximately every three years to reflect the development of improved building construction techniques; and WHEREAS, in 2022, the California Building Standards Commission completed the adoption and approval of the California Building Standards Codes, commonly referred to as Title 24 of the California Code of Regulations, which are based on these model codes; and
WHEREAS, use of the most up-to-date codes is necessary and proper to ensure uniformity in the implementation of building regulations for new construction, alterations, repairs, demolition, maintenance, and use of any building or structure in the City of Calistoga; and
WHEREAS, the City’s codes were last updated on November 16, 2019, when the City Council approved Ordinance No. 753 adopting the 2019 California Building Standards Code and related family of codes; and
WHEREAS, pursuant to Section 17958 of the California Health and Safety Code, the governing body of the City of Calistoga, in its ordinance adopting the State Building Standards Code and uniform industry codes, may establish amendments which are more restrictive in nature than those regulations adopted by the State, and the City Council, based on materials presented and recommendations of the Building Official, Fire Chief, Planning and Building Director and the Calistoga Building Standards Advisory and Appeals Board, finds that it is necessary to make modifications to the California Building Standards Code and to adopt or not adopt certain State Code appendices in order to best protect the health, safety and welfare of the citizens of Calistoga, based on local climatic, geographical and/or topographical conditions. As such, the City Council finds that the following local conditions exist:

Climate - The city, on average, experiences an approximate annual rainfall of 38 inches. During the winter months, the city may experience periods of heavy rain, which causes local flooding and erosion, and contributes to slope instability. Winter storms are often accompanied by high winds, which uproot trees and damage Item #7.1.

Draft Ordinance No. 757
California Building Code

power lines. The city also experiences periodic days of heavy fog, which can delay the response time for fire-fighting apparatus, and prevent the early discovery of structure fires.

Wind is a factor in the spread of fire in that burning embers are carried to adjacent exposed areas. Calistoga has a characteristic southerly wind, which originates from the San Francisco Bay and becomes a factor in the control of fires. Further, in the dry season, Calistoga experiences an occasional north wind of significant velocity, which is recognized by fire officials to be a significant concern with regard to fire spread.

During the dry period, temperatures can exceed 100 degrees. These temperatures are often accompanied by low humidity, creating an extremely- hazardous fire condition. With development spreading into Calistoga’s brush-covered foothill areas, wind-driven fires can have severe consequences, as has been demonstrated on several occasions throughout the state.

Geographical - The city is susceptible to seismic hazards resulting from movement along several known faults. The most serious direct earthquake hazard threat is from the damage or collapse of buildings and other structures due to ground movement. In addition to damage caused by earthquakes, there is a possibility of earthquake-induced landslides. Fire is often the major form of damage resulting from earthquakes. Most earthquake-induced fires start because of damage to gas lines, power lines or heat producing appliances. Such fires expose residential and other development within the city to an increased risk of conflagration. In addition, unstable slopes have been identified in the city, which present a significant potential for landslides. In the event of a major earthquake or landslide, many areas of the city may not be accessible to emergency equipment and, if bridges or roads are damaged, the city may be isolated from outside assistance. Several areas within the city offer poor access for the delivery of public safety services because of the severity of slopes and the existence of natural barriers such as the Napa River and its tributaries such as Garnett Creek and Cyrus Creek.

Topographical - The city’s borders include hilly terrain adjacent to the southwest portions of the city. The roadways in these hills are designed around the lay of the land and consequently are narrow, winding and steep access ways. The grades of these roadways sometimes exceed 25% and road widths of less than 12 feet are not uncommon. The Napa River and other small waterways run directly through the city and could impact emergency response during disasters. The water supply within the city is directly affected by the topographical layout. The water distribution system consists of pressure zones, which carry water by gravity from various reservoirs. Water flow within the city can vary from less than 100 gallons per minute to flows in excess of 1,000 gallons per minute. This wide variation causes major problems to development as well as to fire suppression efforts. The hilly terrain contributes to drainage, erosion and slope instability problems for some development.

Item #7.1.

Draft Ordinance No. 757
California Building Code

WHEREAS, on October 10, 2022, City Staff held a community meeting to review the proposed California Building Standards Code with local amendments as recommended by City staff, and recommended its adoption to the City Council, recommended adoption of the 2022 California Building Standards Code, with local amendments; and
WHEREAS, this proposed action is exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3) of the CEQA Guidelines; and WHEREAS, the City Council reviewed and considered this ordinance at a public hearing on November 15, 2022, noticed in accordance with state and local law, and which included written and oral staff reports, and comments received from the general public and interested agencies and parties.

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

SECTION ONE
Findings. The above recitals are incorporated herein as if set forth herein in full and each is relied upon independently by the City Council for its adoption of this ordinance.

SECTION TWO
Repeal of Existing Codes. Calistoga Municipal Code Chapters 15.01 General Provisions, 15.04 Administrative Code, 15.08 California Building Code, 15.12 California Residential Code, 15.16 California Electrical Code, 15.20 California Mechanical Code,

15.24 California Plumbing Code, 15.28 California Energy Code, 15.32 California Historical Building Code, 15.36 California Fire Code, 15.40 California Existing Building Code, 15.44 California Green Building Standards and 15.48 California Reference Standards of Title 15, Building Standards Codes, are hereby repealed.

SECTION THREE
Prior References. Prior references to the codes referenced in Section Two shall be construed to apply to the corresponding provisions of the codes adopted herein.

SECTION FOUR
Adoption of Building Standards Code. Calistoga Municipal Code Title 15 Building Standards Codes Chapters 15.01 General Provisions, 15.04 Administrative Code, 15.08 California Building Code, 15.12 California Residential Code, 15.16 California Electrical Code, 15.20 California Mechanical Code, 15.24 California Plumbing Code, 15.28 California Energy Code, 15.32 California Historical Building Code, 15.36 California Fire Code, 15.40 California Existing Building Code, 15.44 California Green Building Standards and 15.48 California Reference Standards of Title 15, Building Standards Codes, are hereby adopted to read as set forth in Exhibit A attached hereto.

Item #7.1.

Draft Ordinance No. 757
California Building Code

SECTION FIVE
Environmental Review. This action has been reviewed in accordance with the California Environmental Quality Act, CEQA Guidelines Section 15061(b)(3), the “general rule” exemption. The City has determined that because it can be seen with certainty that there is no possibility that the proposed amendments will have an impact on the environment, this ordinance is therefore exempt from CEQA under the general rule.

SECTION SIX
Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective.

SECTION SEVEN
Effective Date. This ordinance shall take effect thirty (30) days after its passage.

Before the expiration of fifteen (15) days after its passage by the City Council, the City Clerk shall cause to be published a summary of this ordinance in a newspaper of general circulation published and circulated in the city of Calistoga.

THIS ORDINANCE was introduced with the first reading waived at the City Council meeting of the 15th day of November 2022 and was passed and adopted at a regular meeting of the City Council on the 6th day of December 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
Chris Canning, Mayor
ATTEST:
______________________________
Marni Rittburg, City Clerk
Item #7.1.

Draft Ordinance No. 757
California Building Code

Exhibit A
Chapter 15.01

GENERAL PROVISIONS
Sections:

15.01.010 Scope

15.01.020 Building Division

15.01.010 Scope
The provisions of this chapter shall apply to all buildings and structures located in the city.

15.01.020 Building Division
A. There is established a Building Division for the City to perform technical plan checks, building inspections, code enforcement, mobile home inspection and cross connection control services; and to enforce state-mandated codes related to construction.

B. The Building Official thereof shall supervise and have charge of all permit issuance and inspections of work relating to and the enforcement of the construction regulations adopted in this title.

Chapter 15.04

ADMINISTRATIVE CODE

15.04.010 Administrative Code
Adoption of California Code of Regulations Title 24, Part 1: California Administrative Code. 2022 Edition, as published by the California Building Standards Commission is adopted and made a part of this Title by reference.

Chapter 15.08

BUILDING CODE
Sections:

15.08.010 Building Code.

15.08.015 Definitions

15.08.020 Amendments.

15.08.010 Building Code
For the purpose of establishing proper regulations for building construction, the California Code of Regulations Title 24 Part 2 Volumes 1 and 2 and the current edition of the International Building Code, the 2018 Edition Volumes 1 and 2 and its Appendix C, Agricultural Buildings; Appendix H, Signs; Appendix I, Patio Covers, Appendix J, Grading; and Appendix O, Emergency Housing thereof as published by the International Code Council, are adopted with the following amendments and made a part of this Title by reference.

Item #7.1.

Draft Ordinance No. 757
California Building Code

15.08.020 Amendments
The California Building Code is amended as follows, where wording additions to its provisions are denoted by underlining and deletions are noted by strikeout.

A. Part 1 – Scope and Application
California Building Code Section 105.2 is amended as follows:

Section 105.2 Building (1) One-story detached accessory buildings used as tool and storage sheds, playhouses, and similar uses, provided the floor area does not exceed 120 square feet, (11.15 m2). The height of a one story detached accessory building shall not exceed 12 feet at any point or as specified by Calistoga Municipal Code Title 17, Zoning.

Section 105.2 Building (6) Platforms, sidewalks, and driveways not more than 30 inches (762 mm) above adjacent grade, not over any basement or story below and are not part of an accessible route.

Part 2 – Administration and Enforcement
California Building Code Section 109.4 is amended as follows:

Section 109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established by the building official that shall be in addition to the required permit fees. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be at least equal to and not to exceed five time the permit fee required by this code. The minimum investigation fee has been set forth in the fee schedule adopted by the City. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.

Building Code Section 109.7 is added as follows:

Section 109.7 Re-inspections. A re-inspection fee may be assessed for each inspection or re-inspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. This section is not to be interpreted as requiring re-inspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or re-inspection. Re-inspection fees may be assessed when the inspection record card is not posted or otherwise available on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviations from plans requiring the approval of the Building Official. To obtain a re-inspection, the applicant shall file an application therefore in writing on a form furnished for that purpose and pay the re-inspection fee in accordance with Table 1 or as set forth in the fee schedule adopted by the City. In instances where re-inspection Item #7.1.

Draft Ordinance No. 757
California Building Code

fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.

Building Code Section 109.8 is added as follows:

Section 109.8 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by CMC Chapter 1.08. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be at least equal to the minimum investigation fee set forth in any adopted fee schedule and shall not exceed five times the permit fee required by this code. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.

B. CHAPTER 2 DEFINITIONS
The following definition in California Building Code Chapter 2 is amended as follows:

TENT. A structure, enclosure, umbrella structure or shelter with or without sidewalls or drops, constructed of fabric or pliable material supported in any manner except by air or the contents that it protects.

The following definitions are added to California Building Code Chapter 2:

RECREATIONAL FIRE. An outdoor fire burning materials other than rubbish where the fuel being burned is not contained in an incinerator, portable outdoor fireplace, barbeque grill or barbeque pit for pleasure, religious, ceremonial, cooking, warmth or similar purposes.

UNWARRANTED ALARM. The giving, signaling or transition of an alarm notification to a public fire station or emergency communication center when such alarm is the result of a defective condition of an alarm system, system servicing testing, construction activities, ordinary household activities, false alarm or other cause when no such danger exists.

C. CHAPTER 5 GENERAL BUILDING HEIGHTS AND AREAS
California Building Code Section 502.1 is amended as follows:
502.1 Address identification. New and existing buildings shall be provided with approved address identification.

The address identification shall be legible and placed in a position that is visible from the street or road fronting the property.

Address identification characters shall contrast with their background.

Address numbers shall be Arabic numerals or alphabetic letters. Numbers shall not be spelled out.

Item #7.1.

Draft Ordinance No. 757
California Building Code

Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building cannot be viewed from the public way or when determined by the fire code official, a monument, pole, or other approved illuminated sign or means shall be used to identify the structure.

Address identification shall be maintained.

Building Code Section 502.2.1 is added as follows:
502.2.1 Numbers for one- and two-family dwellings. Each address identification character shall be not less than four (4) inches high with a minimum stroke width of one-half (0.5) inch.

Building Code Section 502.2.2 is added as follows:
502.2.2 Numbers for other than one- and two-family dwellings. Each address identification character shall be not less than twelve (12) inches high with a minimum stroke width of one (1) inch. Suite and unit directional numbers shall be not less than six (6) inches high with a minimum stroke width of threequarter (0.75) inch.

Building Code Section 501.3 is added as follows:
502.3 Complex directory. Where two or more buildings cannot be viewed from the public way or when determined to be necessary by the fire code official, an illuminated complex directory, monument, pole, sign or means approved by the fire code official shall be used to identify the structures at the main entrances to the property.

D. CHAPTER 9 FIRE PROTECTION SYSTEMS
Building Code Section 903.1.2 is added as follows:
903.1.2 Alterations or Repairs. For alterations or repairs that qualify as a substantial remodel, the building shall meet the fire sprinkler requirements for a newly-constructed building. See definition of Substantial Remodel (Section

15.12.015).

Building Code Section 903.2 is amended as follows:
903.2 Where required. Approved automatic fire sprinkler systems shall be provided in the locations described in Sections 903.2.1 through 903.2.12 and in items 1-5 below:

1. Newly constructed buildings or facilities, except detached Group U occupancies not more than one thousand (1,000) square feet in floor area and provided with exterior wall and opening protection as per Table 602 of the California Building Code.

2. Newly created, attached, accessory dwelling units which meet the definition of a substantial remodel.

3. All other existing buildings, fire sprinkler systems may be required by the fire chief in accordance with the following:

Item #7.1.

Draft Ordinance No. 757
California Building Code

3.1 All buildings where improvements occur during any three (3) year period which cumulatively meet the definition of a substantial remodel.

3.2. All buildings, except R-3 occupancies, in excess of three thousand (3,000) square feet which have more than ten percent (10%) floor area added within any three (3) year period. Exceptions may be granted by the fire chief when alternate means of protection are installed as approved by the fire code official.

3.3. A change in the use of a building that results in a higher fire or life safety hazard when the square footage of the area changing use is more than 50% of the square footage of the existing building.

3.4. Where fire sprinklers are required by provisions of this code, they shall be extended throughout the building.

4. All public storage facilities. Exceptions may be granted by the fire chief when alternate means of protection are installed as approved by the fire code official.

5. All tunnels used for the transportation of people or any type of vehicle.

The requirements for fire sprinkler systems in this code section are not meant to disallow the provisions for area increase, height increase, or fire-resistive-rated substitution if otherwise allowed by this code.

Exceptions to this Section:

One-time alterations made solely for the purpose of complying with the Americans with Disabilities Act.

Work associated with the creation of an accessory dwelling unit or junior accessory dwelling unit, as defined by Govt. Code 65852.2. and 65852.22, if fire sprinklers are not required for the primary residence.

California Building Code Section 903.2 is amended as follows:
903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in Sections 903.2.1 through 903.2.2012.

Exceptions:

1. Agricultural buildings as approved by the fire code official.

2. Detached pool houses accessory to Group R-3 not classified as a dwelling unit and not exceeding 1,000 square feet (9.28 m2) in gross floor area within 50 feet of the pool and limited to a single bathroom.

3. Detached non-combustible motor vehicle fuel dispensing canopies.

4. Detached Group U Occupancies not greater than 1,000 square feet (9.28 m2).

Item #7.1.

Draft Ordinance No. 757
California Building Code

California Building Code Section 903.2.1 is amended to read as follows:
903.2.1 Group A. An automatic sprinkler system shall be provided throughout buildings containing a Group A occupancy.

California Building Code Sections 903.2.1.1 through 903.2.1.5 are deleted.

California Building Code Section 903.2.1.6 is renumbered and amended as follows:
903.2.1.1 Assembly occupancies on roofs. Where an occupied roof has an assembly occupancy with an occupant load exceeding 100 for Group A-2 and 300 for other Group A Occupancies, an automatic sprinkler system shall be provided throughout the building in accordance with Section 903.3.1.1 or 903.3.1.2.

California Building Code Section 903.2.1.7 is deleted.

California Building Code Section 903.2.2 is amended to read as follows:
903.2.2 Ambulatory care facilities. An automatic sprinkler system shall be installed throughout buildings containing an ambulatory care facility.

California Building Code Section 903.2.3 is amended to read as follows:
903.2.3 Group E. An automatic sprinkler system shall be installed throughout buildings containing a Group E occupancy. For public school state-funded construction projects see Section 903.2.19.

California Building Code Section 903.2.4 is amended to read as follows:
903.2.4 Group F. An automatic sprinkler system shall be provided throughout buildings containing a Group F occupancy.

California Building Code Section 903.2.4.1 is 903.2.42 and 903.2.4.3 California Building Code Section 903.2.5 is amended to read as follows:
903.2.5 Group H. An automatic sprinkler system shall be installed throughout buildings containing a Group H occupancy.

California Building Code Section 903.2.7 is amended to read as follows:
903.2.7 Group M. An automatic sprinkler system shall be provided throughout buildings containing a Group M occupancy where gross floor area exceeds 500 square feet (46.4 m2).

California Building Code Section 903.2.8.1 is amended to read as follows:
903.2.8.1 Group R-3. An automatic sprinkler system installed in accordance with Section 903.3.1.3 shall be provided throughout all one- and two-family dwellings regardless of square footage in accordance with the California Residential Code.

California Building Code Section 903.2.9 is amended to read as follows:
903.2.9 Group S. An automatic sprinkler system shall be provided throughout all buildings containing a Group S occupancy.

California Building Code Sections 903.2.9.1 through 903.2.9.2 are deleted.

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California Building Code Section 903.2.10 is amended to read as follows:
903.2.10 Group S2. An automatic sprinkler system shall be provided throughout all buildings containing a Group S2 occupancy.

California Building Code Section 903.2.11 is amended as follows:
903.2.11 Specific buildings areas and hazards. In all occupancies other than detached Group U occupancies not greater than 1,000 square feet (928 m2), an automatic sprinkler system shall be installed for building design or hazards in the locations set forth in Sections 903.2.11.1 through 903.2.11.68.

California Building Code Section 903.2.11.3 exceptions #1 and #2 are deleted.

California Building Code Section 903.2.11.7 is added as follows:
903.2.11.7 Undetermined use design. Automatic sprinkler systems installed in buildings or structures of undetermined use shall be designed and installed to have a minimum density of .33 gallons per minute per square foot over a minimum design area of 3,000 square feet (278.4 m2).

California Building Code Section 903.2.11.8 is added as follows:
903.2.11.8 High-piled storage. An automatic sprinkler system shall be provided throughout as required in California Fire Code Chapter 32 in all buildings where storage is in high-pile or rack storage arrays.

California Building Code Section 903.2.21 is added to read as follows:
903.2.21 Group B. An automatic sprinkler system shall be provided throughout all buildings containing a Group B occupancy.

California Building Code Section 903.4.2 is amended as follows:
903.4.2 Alarms. One exterior approved audible and visual device, located on the exterior of the building in an approved location, shall be connected to each automatic sprinkler system. Such sprinkler water-flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system.

California Building Code Section 904.13 is amended as follows:
904.13 Commercial cooking systems. Commercial cooking equipment that produce grease-laden vapors shall be provided with a Type I Hood, in accordance with the California Mechanical Code, NFPA 96, and an automatic fire extinguishing system that is listed and labeled for its intended use as follows:

1. Wet chemical extinguishing system, complying with UL 300.

2. Carbon dioxide extinguishing systems.

3. Automatic fire sprinkler systems.

All existing dry chemical and wet chemical extinguishing systems shall comply with UL 300.

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Exception: Public schools kitchens, without deep-fat fryers, shall be upgraded to a UL 300-compliant system during state-funded modernization projects that are under the jurisdiction of the Division of the State Architect.

All systems shall be installed in accordance with the California Mechanical Code, NFPA 96, appropriate adopted standards, their listing and the manufacturer’s installation instructions.

Exception: Factory-built commercial cooking recirculating systems that are tested, listed, labeled and installed in accordance with UL 710B in accordance with the California Mechanical Code and NFPA 96.

California Building Code Section 905.3.1 item #2 is amended as follows:
905.3.1. #2. Buildings that are three or more stories in height.

California Building Code Section 905.9 exception #2 is deleted.

California Building Code Section 912.2 is amended as follows:
912.2 Location. With respect to hydrants, driveways, buildings and landscaping, fire department connections shall be so located that fire apparatus and hose connected to supply the system will not obstruct access to the buildings for other fire apparatus. The location of fire department connections shall be within 100 feet of a fire hydrant or approved by the fire code official (Also see Section 507.5.1.1).

E. SECTION J110 EROSION CONTROL
California Building Code Appendix J 110.1 is amended to read as follows:

Appendix J 110.1 - Erosion control and sediment control plans are required for the following:
(i) Grading operations performed between October 1st and April 15th. (ii) Grading on hillsides with a slope of 10% or greater.

Erosion control plans shall reference and be in conformance with the “Erosion and Sediment Control Field Manual” published by the San Francisco Regional Water Quality Control Board, and the State Water Quality Control Board Construction General Permit (WQO 99-08-DWQ or latest adopted order).

Chapter 15.12

RESIDENTIAL CODE
Sections:

15.12.010 Residential Code.

15.12.015 Definitions

15.12.020 Amendments.

15.12.010 Residential Code
California Code of Regulations Title 24, Part 2.5: California Residential Building Code 2022 Edition as published by the International Code Council, with Appendix AH (Patio Covers), Appendix AJ (Existing Buildings and Structures) Appendix AK (Sound Item #7.1.

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Transmission), Appendix AQ (Tiny Houses), Appendix AR (Light Straw-Clay Construction), Appendix AS (Strawbale Construction), Appendix AT (Solar-Ready Provisions- Detached One & Two Family Dwellings and Townhouses) and Appendix AX (Emergency Housing), referred to as the “International Residential Code” or “IRC,” is adopted with the following amendments and made a part of this Title by reference.

15.12.015 Definitions
SUBSTANTIAL REMODEL. Substantial remodel shall mean the alteration of any structure which combined with any additions to the structure, performed within any three (3) year period, affects a floor area which exceeds fifty percent (50%) of the existing floor area of the structure. When any changes are made in the building, such as walls, columns, beams or girders, floor or ceiling joists and coverings, roof rafters, roof diaphragms, foundations, piles or retaining walls or similar components, the floor area of all rooms affected by such changes shall be included in computing floor areas for purposes of applying this definition. This definition does not apply to the replacement and upgrading of residential roof coverings or exterior wall finishes.

15.12.020 Amendments
The California Residential Code is amended as follows, where wording additions are denoted by underlining and deletions are noted by strikeout. Other amendments are noted in italics.

A. Division II Administration
Section R105.2, exception 1 is amended as follows:

R105.2 Work exempt from permit; Building.

1. One-story detached accessory buildings used as tool and storage sheds, playhouses, and similar uses, provided that the floor area does not exceed 120 square feet (11.15 m2). The height of the one-story detached accessory building shall not exceed 12 feet at any point.

California Residential Code Section R105.2, exception 10 is amended as follows:

10. Platforms and decks not more than 30 inches (762 mm) above adjacent grade at any point, are not attached to a dwelling and do not serve as the exit door required by Section R311.4.

California Residential Code Chapter 1 Section R108.6 is amended as follows:

R108.6 Work commencing before permit issuance. Any person who commences any work requiring a permit on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established by the building official that shall be in addition to the required permit fees. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be at least equal to and not to exceed five time the permit fee required by this code. The minimum investigation fee set forth in the fee schedule adopted by this jurisdiction. The payment of such investigation fee Item #7.1.

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shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.

California Residential Code Chapter 1 Section R108.7 is added as follows:

R108.7 Re-inspection. A re-inspection fee may be assessed for each inspection or re-inspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. This section is not to be interpreted as requiring re-inspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or re-inspection.

Re-inspection fees may be assessed when the inspection record card is not posted or otherwise available on the work site, the approved plans are not readily available to the inspector. For failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the building official. To obtain a re-inspection, the applicant shall file an application therefore in writing on a form furnished for that purpose and pay the re-inspection fee in accordance with Table 1 or as set forth in the fee schedule adopted by the jurisdiction. In instances where re-inspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.

California Residential Code Chapter 1 Section R108.8 is added as follows:

R108.8 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to CMC Chapter 1.08. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be at least equal to the minimum investigation fee set forth in the adopted fee schedule and shall not exceed five times the permit fee required by this code. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.

B. CHAPTER 3 BUILDING PLANNING
California Residential Code Chapter Section R313.1 is amended as follows:

R313.1 Townhouse automatic fire sprinkler systems. An automatic residential fire sprinkler system shall be installed throughout all townhouses.

Exceptions:

1. An automatic residential fire sprinkler system shall not be required where additions or alterations are made to existing townhouses that do not have an automatic residential fire sprinkler system installed.

2. Detached Group U occupancies of 1,000 sq. ft. or less in floor area.

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3. Detached pool houses of 1,000 sq. ft. or less in floor area within 50 feet of the pool and limited to a single bathroom.

4. A room above a detached garage used for storage only that does not contain a bathroom, cooking or refrigeration facilities or connections for such facilities.

5. Carports of non-combustible construction.

California Residential Code Chapter 1 Section R313.2 is amended as follows:

R313.2 One- and two-family dwellings automatic fire sprinkler systems.

An automatic sprinkler system shall be installed throughout all one- and twofamily dwellings.

Exceptions:

1. An automatic residential fire sprinkler system shall not be required where additions or alterations are made to existing buildings that are not already provided with an automatic residential fire sprinkler system.

2. Accessory Dwelling Unit, provided that all of the following are met:

2.1 The unit meets the definition of an Accessory Dwelling Unit as defined in the Government Code Section 65852.2

2.2 The existing primary residence does not have automatic fire sprinklers.

2.3 The accessory detached dwelling unit does not exceed 1,200 square feet in size.

3. Detached Group U occupancies up to 1,000 sq. ft. in floor area.

4. Detached pool houses up to 1,000 sq. ft. in floor area within 50 feet of the pool and limited to a single bathroom.

5. A room above a detached garage used for storage only that does not contain a bathroom, cooking or refrigeration facilities or connections for such facilities.

6. Carports of non-combustible construction.

California Residential Code Chapter 1 Section R313.2.3 is added as follows:

R313.2.3 Alterations or Repairs. For alterations or repairs that qualify as a substantial remodel, the building shall meet the fire sprinkler requirements for a newly-constructed building. See definition of Substantial Remodel (Section

15.12.015).

Exceptions to this Section:

One-time alterations made solely for the purpose of complying with the Americans with Disabilities Act.

Work associated with the creation of an accessory dwelling unit or junior accessory dwelling unit, as defined by Govt. Code 65852.2. and 65852.22, if fire sprinklers are not required for the primary residence.

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Chapter 15.16

ELECTRICAL CODE

15.16.010 Electrical Code

15.16.020 Electric vehicle charging stations
California Code of Regulations Title 24, Part 3: The California Electrical Code, 2022 Edition, as published by National Fire Protection Agency, otherwise identified as the National Electrical Code, 2020 Edition, referred to as the “National Electrical Code” (NEC) is adopted and made a part of this Title by reference.

15.16.020 Electric vehicle charging stations
A. Purpose. The purpose of this section is to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations. This section is also intended to comply with California Government Code Section 65850.7.

B. Definitions.

For the purposes of this section, the following words and phrases shall be construed as defined in this section:

1. “Electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this section, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

2. “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

3. “Electronic submittal” means the utilization of one or more of the following:
a. Electronic mail or email.
b. The internet.
c. Facsimile.

C. Expedited Plan Check. Consistent with Government Code Section 65850.7, the Building Official shall implement an expedited, streamlined permitting process for electric vehicle charging stations, and adopt a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The expedited, streamlined permitting process and checklist Item #7.1.

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may refer to the recommendations contained in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” as published by the Governor’s Office of Planning and Research. The City’s adopted checklist shall be published on the City’s website.

D. Permit Application Processing.

1. Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have specific, adverse impact to public health and safety and building occupants.

Verification by the applicant includes but is not limited to: electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment and vehicle parking.

2. A permit application that satisfies the information requirements in the City’s adopted checklist shall be deemed complete and be promptly processed.

Upon confirmation by the Building Official that the permit application and supporting documents meets the requirements of the City-adopted checklist, and is consistent with all applicable laws and health and safety standards, the Building Official shall, consistent with Government Code Section 65850.7, approve the application and issue all necessary permits.

Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until the associated building permit is finaled by the City. If the Building Official determines that the permit application is incomplete, they shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

3. Consistent with Government Code Section 65850.7, the Building Official shall allow for electronic submittal of permit applications covered by this section and associated supporting documentations. In accepting such permit applications, the Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.

E. Technical Review.

1. It is the intent of this section to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for charging stations so long as the action does not supersede the Building Official’s authority to address higher priority life-safety situations. If the Building Official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific adverse impact upon the public health or safety, as defined in this section, the City may require the applicant to obtain approval of a use permit pursuant to Chapter 17.40.

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2. In the technical review of a charging station, consistent with Government Code Section 65850.7, the Building Official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080.

F. Electric Vehicle Charging Station Installation Requirements.

1. Electric vehicle charging station equipment shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission or a Municipal Electric Utility Company regarding safety and reliability.

2. Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code.

3. Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.

4. Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer’s installation instructions. Mounting of charging stations shall not adversely affect building elements.

Chapter 15.20

MECHANICAL CODE

15.20.010 Mechanical Code
California Code of Regulations Title 24, Part 4: The California Mechanical Code, 2022 Edition, as published by the International Association of Plumbing & Mechanical Officials, and otherwise identified as the Uniform Mechanical Code, 2021 Edition, and referred to as the “Uniform Mechanical Code” or “UMC,” is adopted and made a part of this Title by reference.

Chapter 15.24

PLUMBING CODE

15.24.010 Plumbing Code
California Code of Regulations Title 24, Part 5: California Plumbing Code, 2022 Edition as published by the International Association of Plumbing & Mechanical Officials with Item #7.1.

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Appendix A (Recommended Rules for Sizing the Water Supply System), Appendix B (Explanatory Notes on Combination Waste and Vent System), Appendix C (Alternate Plumbing Systems), Appendix D (Sizing Storm Water Drainage System), Appendix I (Installation Standards), and Appendix K (Potable Rainwater Catchment Systems), otherwise identified as the Uniform Plumbing Code, 2021 Edition, and referred to as the “Uniform Plumbing Code,” or “UPC,” is adopted and made a part of this Title by reference.

Chapter 15.28

ENERGY CODE

15.28.010 Energy Code
California Code of Regulations Title 24, Part 6: California Energy Code, 2022 Edition, as published by the International Code Council, is adopted and made a part of this Title by reference.

Chapter 15.32

HISTORICAL BUILDING CODE

15.32.010 Historical Building Code
California Code of Regulations Title 24, Part 8: California Historical Building Code, 2022 Edition, as published by the California Building Standards Commission, is adopted and made a part of this Title by reference.

Chapter 15.36

FIRE CODE
Sections:

15.36.010 Fire Code

15.36.020 Definitions

15.36.030 Amendments

15.36.040 Establishment of limits

15.36.010 Fire Code
California Code of Regulations Title 24, Part 9: 2022 California Fire Code including Appendix Chapter 4 (Special Detailed Requirements Based on Use and Occupancy), Appendices B and BB (Fire Flow Requirements for Buildings), Appendices C and CC (Fire Hydrant Locations and Distribution), Appendix D (Fire Apparatus Access Roads), Appendix E (Hazard Categories), Appendix F (Hazard Ranking), Appendix G (Cryogenic Fluids – Weight and Volume Equivalents), Appendix H (Hazardous Materials Management Plans and Hazardous Inventory Statements), Appendix I (Fire Protection Systems – Noncompliant Conditions), Appendix J (Building Information Sign), Appendix K (Construction Requirements for Existing Ambulatory Care Facilities), Appendix L (Requirements for Fire Fighter Air Replenishment Systems) and Appendix N (Indoor Trade Shows and Exhibitions), Appendix O (Temporary Haunted Houses, Ghost Walks and Similar Amusement Uses), referred to as the “International Fire Code” or “IFC,” is adopted with the following amendments and made a part of this Title by reference.

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15.36.020 Definitions
For the purposes of this Chapter, wherever the phrase “new construction” is used in the California Fire Code, it shall be defined as: “any work, including but not limited to, an addition, remodel, repair, renovation, or alteration of any building or structure.” SUBSTANTIAL REMODEL. Substantial remodel shall mean the alteration of any structure which combined with any additions to the structure, performed within any three (3) year period, affects a floor area which exceeds fifty percent (50%) of the existing floor area of the structure. When any changes are made in the building, such as walls, columns, beams or girders, floor or ceiling joists and coverings, roof rafters, roof diaphragms, foundations, piles or retaining walls or similar components, the floor area of all rooms affected by such changes shall be included in computing floor areas for purposes of applying this definition. This definition does not apply to the replacement and upgrading of residential roof coverings or exterior wall finishes.

15.36.030 Amendments
The California Fire Code is amended as follows, where additions to the state code are denoted by underlining and deletions are noted by strikeout.

A. Division II Administration
Section 105.6 is amended to read as follows:
105.6 Required Operational Permits. The fire code official is authorized to issue operational permits for operations set forth in Sections 105.6.1 through 105.6.49.

California Fire Code Section 105.6.50 is added as follows:
105.6.50 Local permits. In addition to the permits required by Section 105.6, the following permits shall be obtained from the City of Calistoga Fire Department prior to engaging in the following activities, operations, practices or functions:

1. Apartment house, hotel, or motel. An operational permit is required to operate an apartment house, hotel or motel.

2. Care facilities. An operational permit is required to operate a care facility as listed:
a. Day care with an occupant load greater than six (6) persons. b. Residential or commercial institutional care facility. Occupancies complying with Health and Safety Code Section 13235 are exempt.

3. Emergency Responder Radio System. An operational permit is required to operate an Emergency Responder Radio System.

4. High rise occupancy. An operational permit is required to operate a high rise building as defined in California Code of Regulations Title 24, Part 2.

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5. Model rockets rental, sale or operation. An operational permit is required to operate, manufacture, import, export, possess, store, rent or sell model rockets as defined by Health and Safety Code Section 12519.

6. Agricultural burning.

California Fire Code Section 110.4 is amended to read as follows:
110.4 Violation penalties. In accordance with the provisions of CMC Chapter

1.08 and this code, any persons who violate a provision of this code or fail to comply with any of the requirements thereof or who erect, install, alter, repair, or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certification used under provisions of this code, or any person operating or maintaining any occupancy, premises, or vehicle subject to this code, fire and life safety provisions of the California Building Code, or allow any fire hazard to exist on premises under their control or who fail to take immediate action to abate a fire hazard when ordered or notified to do so by the fire code official or authorized designee shall be subject to CMC Chapter 1.08.

The imposition of one penalty of any violation shall not excuse the violation or permit it to continue. All such persons shall be required to correct or remedy such violations or defects within a reasonable time. When not otherwise specified, each day that a violation continues after due notice has been served shall be deemed a separate offense.

California Fire Code Section 109.5 is added as follows:
109.5 Authority to issue citations. The Fire Code Official is authorized to issue a citation to persons operating or maintaining an occupancy, premise, or vehicle subject to this code, who allows a hazard to exist or fail to take immediate action to abate a hazard on such occupancy, premises, or vehicle when ordered or notified to do so.

California Fire Code Section 111.5 is added as follows:
111.5 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to a penalty as prescribed in CMC Chapter 1.08.

B. CHAPTER 2 DEFINITIONS
California Fire Code Section 201.5 is added as follows:

Section 201.5 Wherever the word “jurisdiction” is used in the 2022 California Fire Code and 2015 International Fire Code, it shall be understood to mean that the City of Calistoga is the local fire authority having jurisdiction (AHJ).

California Fire Code Section 202 is amended as follows:

TENT. A structure, enclosure, umbrella structure or shelter with or without sidewalls or drops, constructed of fabric or pliable material supported by any manner except by air or the contents that it protects.

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The following are added to California Fire Code Section 202, General Definitions:

FIRE MARSHAL. Where the party responsible for the enforcement of the 2016 California Fire Code and 2015 International Fire Code is given the title of “fire marshal,” add the following definition: Is the Fire Chief or Fire Code Official for the City of Calistoga Fire Department.

RECREATIONAL FIRE. An outdoor fire burning materials other than rubbish where the fuel being burned is not contained in an incinerator, portable outdoor fireplace, barbeque grill or barbeque pit for pleasure, religious, ceremonial, cooking, warmth or similar purposes.

UNWARRANTED ALARM. The giving, signaling or transition of an alarm notification to a public fire station or emergency communication center when such alarm is the result of a defective condition of an alarm system, system servicing testing, construction activities, ordinary household activities, false alarm or other cause when no such danger exists.

C. CHAPTER 3 GENERAL PRECAUTIONS
California Fire Code Section 304.1.2.1 is added as follows:
304.1.2.1 Vegetation on non-developed parcel. Any non-developed parcel that is next to a developed parcel shall maintain a minimum 20 feet of vegetation clearance on the property line adjacent to any structure on the developed parcel.

Exceptions: When approved by the Fire Code Official or if a hazard does not exist.

California Fire Code Section 307.1.2 is added as follows:

Section 307.1.2 Additional prohibitions on open burning. Open burning within the city limits of Calistoga, including incinerators of all types, is prohibited.

Exceptions:

1. Agricultural burning permitted by the City of Calistoga Fire Department and regulated by the Bay Area Air Quality Management District.

2. Barbecues used for cooking purposes, provided the barbecues shall not be used for burning rubbish, paper, boxes, grass, brush or other combustible items, except charcoal, natural gas or other materials commonly used in barbecues for cooking purposes.

D. CHAPTER 4 EMERGENCY PLANNING AND PREPARDNESS
California Fire Code Section 401.3.2.1 is added as follows:
401.3.2.1 Unwarranted alarm notification. Notification of emergency responders based on an unwarranted alarm may be punishable by a fine in accordance with the adopted fee schedule. In addition, the responsible party may be liable for the operational and administrative costs incurred from the emergency response or mitigation procedures resulting from an unwarranted alarm notification.

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E. CHAPTER 5 FIRE SERVICE FEATURES
California Fire Code Section 503.3 is amended as follows:
503.3 Marking. Where required by the fire code official, approved signs or other approved notices or markings that include the words NO PARKING – FIRE LANE in accordance with the California Vehicle Code shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. The means by which fire lanes are designated shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility.

California Fire Code Section 505.1 is amended as follows:
505.1 Address identification. New and existing buildings shall be provided with approved illuminated address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numerals or alphabetic letters.

Numbers shall not be spelled out. Character size and stroke shall be in accordance with Sections 505.1.1 through 505.1.2. Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response in accordance with this code and Section 505.1.3. Where access is by means of a private road and the building cannot be viewed from the public way or when determined by the fire code official, a monument, pole, illuminated sign or other means shall be used to identify the structure. Address identification shall be maintained.

California Fire Code Section 505.1.1 is added as follows:
505.1.1 Numbers for one- and two- family dwellings. Each address identification character shall be not less than four (4) inches high with a minimum stroke width of one-half (0.5) inch.

California Fire Code Section 505.1.2 is added as follows:
505.1.2 Numbers for other than one- and two-family dwellings. Each address identification character shall be not less than twelve (12) inches high with a minimum stroke width of one (1) inch. Suite and unit directional numbers shall be not less than six (6) inches high with a minimum stroke width of threequarter (0.75) inch.

California Fire Code Section 505.1.3 is added as follows:
505.1.3 Complex directory. Where two or more buildings cannot be viewed from the public way or when determined by the fire code official, an illuminated complex directory, monument, pole, sign or other approved means shall be used to identify the structures at the main entrances to the property.

California Fire Code Section 507.5.1.1 is amended as follows:
507.5.1.1 Hydrant for fire department connections. Buildings equipped with a water-based fire protection system installed in accordance with Sections 903 Item #7.1.

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through 905 shall have a fire hydrant within 50 feet of the fire department connections, or as approved by the fire code official. (Also see Section 912.2).

California Fire Code Section 510.1 exception #1 is deleted.

F. CHAPTER 9 FIRE PROTECTION SYSTEMS
California Fire Code Section 903.2 is amended as follows:
903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in Sections 903.2.1 through 903.2.21.
903.2. Where required. Approved automatic fire sprinkler systems shall be provided in the locations described in Sections 903.2.1 through 903.2.20 and in items 1-5 below:

1. Newly constructed buildings or facilities, except detached Group U occupancies not more than one thousand (1,000) square feet in floor area and provided with exterior wall and opening protection as per Table 602 of the California Building Code.

2. Newly created, attached, accessory dwelling units which meet the definition of a substantial remodel.

3. All other existing buildings, fire sprinkler systems may be required by the fire chief in accordance with the following:

3.1 All buildings where improvements occur during any three (3) year period which cumulatively meet the definition of a substantial remodel.

3.2. All buildings, except R-3 occupancies, in excess of three thousand (3,000) square feet which have more than ten percent (10%) floor area added within any three (3) year period. Exceptions may be granted by the fire chief when alternate means of protection are installed as approved by the fire code official.

3.3. A change in the use of a building that results in a higher fire or life safety hazard when the square footage of the area changing use is more than 50% of the square footage of the existing building.

3.4. Where fire sprinklers are required by provisions of this code, they shall be extended throughout the building.

4. All public storage facilities. Exceptions may be granted by the fire chief when alternate means of protection are installed as approved by the fire code official.

5. All tunnels used for the transportation of people or any type of vehicle.

The requirements for fire sprinkler systems in this code section are not meant to disallow the provisions for area increase, height increase, or fire-resistive-rated substitution if otherwise allowed by this code.

Exceptions:

1. Agricultural buildings as approved by the Fire Code Official.

Item #7.1.

Draft Ordinance No. 757
California Building Code

2. Detached pool houses accessory to Group R-3 not classified as a dwelling unit and not exceeding 1,000 square feet (9.28 m2) in gross floor area within 50 feet of the pool and limited to a single bathroom.

3. Detached non-combustible motor vehicle fuel dispensing canopies.

California Fire Code Section 903.2.1 is amended to read as follows:
903.2.1 Group A. An automatic sprinkler system shall be provided throughout buildings containing a Group A occupancy.

California Fire Code Sections 903.2.1.1 through 903.2.1.7 are deleted.

California Fire Code Section 903.2.2 is amended to read as follows:
903.2.2 Ambulatory care facilities. An automatic sprinkler system shall be installed throughout buildings containing an ambulatory care facility.

California Fire Code Section 903.2.3 is amended to read as follows:
903.2.3 Group E. An automatic sprinkler system shall be installed throughout buildings containing a Group E occupancy.

California Fire Code Section 903.2.4 is amended to read as follows:
903.2.4 Group F. An automatic sprinkler system shall be provided throughout buildings containing a Group F occupancy.

California Fire Code Section 903.2.4.1 Woodworking operations is deleted.

California Fire Code Section 903.2.5 is amended to read as follows:
903.2.5 Group H. An automatic sprinkler system shall be installed throughout buildings containing a Group H occupancy.

California Fire Code Section 903.2.7 is amended as follows:
903.2.7 Group M. An automatic sprinkler system shall be provided throughout buildings containing a Group M occupancy where gross floor area exceeds 500 square feet (4.64 m2).

California Fire Code Section 903.2.9 is amended to read as follows:
903.2.9 Group S. An automatic sprinkler system shall be provided throughout all buildings containing a Group S occupancy.

California Fire Code Sections 903.2.9.1 through 903.2.9.2 are deleted.

California Fire Code Section 903.2.10 is amended to read as follows:
903.2.10 Group S2. An automatic sprinkler system shall be provided throughout all buildings containing a Group S2 occupancy.

California Fire Code Section 903.2.10.1 is deleted.

California Fire Code Section 903.2.11 is amended as follows:
903.2.11 Specific buildings areas and hazards. In all occupancies other than detached Group U occupancies not greater than 1,000 square feet (92.8 m2), an automatic sprinkler system shall be installed for building design or hazard in the locations set forth in Sections 903.2.11.1 through 903.2.11.8.

Item #7.1.

Draft Ordinance No. 757
California Building Code

California Fire Code Section 903.2.11.3 exceptions #1 and #2 are deleted.

California Fire Code Section 903.2.11.7 is added as follows:
903.2.11.7 Undetermined use design. Automatic sprinkler systems installed in buildings or structures of undetermined use shall be designed and installed to have a minimum density of .33 gallons per minute per square foot over a minimum design area of 3,000 square feet (278.7 m2).

California Fire Code Section 903.2.11.8 is added as follows:
903.2.11.8 High-piled storage. An automatic sprinkler system shall be provided throughout as required in California Fire Code Chapter 32 in all buildings where storage is in high-pile or rack storage arrays.

California Fire Code Section 903.2.21 is added as follows:
903.2.21.1 Alterations or Repairs. For alterations or repairs that qualify as a substantial remodel, the building shall meet the fire sprinkler requirements for a newly-constructed building. See definition of Substantial Remodel (Section

15.12.015).

Exceptions to this Section:

One-time alterations made solely for the purpose of complying with the Americans with Disabilities Act.

Work associated with the creation of an accessory dwelling unit or junior accessory dwelling unit, as defined by Govt. Code 65852.2 and 65852.22, if fire sprinklers are not required for the primary residence.

California Fire Code Section 903.2.23 is added as follows:
903.2.23 Change in Occupancy. For any change of occupancy when the proposed new occupancy classification is more hazardous based on a fire and life safety evaluation by the fire code official and building code official, including conversions of buildings to single-family residences, accessory dwelling units, bed and breakfasts, inns, lodging houses or congregate residences for 10 or fewer persons or other similar uses, an automatic fire sprinkler shall be installed throughout.

California Fire Code Section 903.6 is amended as follows:
903.6 Where required in existing buildings and structures. An automatic sprinkler system shall be provided throughout existing buildings and structures where required in Chapter 11.

California Fire Code Section 903.4.2 is amended as follows:
903.4.2 Alarms. One exterior approved audible and visual device, located on the exterior of the building in an approved location, shall be connected to each automatic sprinkler system. Such sprinkler water-flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system.

Item #7.1.

Draft Ordinance No. 757
California Building Code

California Fire Code Section 904.12 is amended as follows:
904.12 Commercial cooking systems. Commercial cooking equipment that produces grease-laden vapors shall be provided with a Type I Hood, in accordance with the California Mechanical Code, NFPA 96, and an automatic fire extinguishing system that is listed and labeled for its intended use as follows:

1. Wet chemical extinguishing system, complying with UL 300.

2. Carbon dioxide extinguishing system.

3. Automatic fire sprinkler systems.

All existing dry chemical and wet chemical extinguishing systems shall comply with UL 300.

Exception: Public school kitchens, without deep-fat fryers, shall be upgraded to a UL 300-compliant system during state-funded modernization projects that are under the jurisdiction of the Division of the State Architect.

All systems shall be installed in accordance with the California Mechanical Code, NFPA 96, appropriate adopted standards, their listing and the manufacturer’s installation instructions.

Exception: Factory-built commercial cooking recirculating systems that are tested, listed, labeled and installed in accordance with UL 710B and the California Mechanical Code and NFPA 96.

California Fire Code Section 905.3.1 item #2 is amended as follows:
905.3.1. (2) Buildings that are three or more stories in height.

California Fire Code Section 905.9 exception #2 is deleted.

California Fire Code Section 912.2 is amended as follows:
912.2 Location. With respect to hydrants, driveways, buildings and landscaping, fire department connections shall be so located that fire apparatus and hose connected to supply the system will not obstruct access to the buildings for other fire apparatus. The location of fire department connections shall be approved by the fire code official (Also see Section 507.5.1.1).

G. CHAPTER 11 CONSTRUCTION REQUIREMENTS FOR EXISTING BUILDINGS California Fire Code Section 1103.2 Item #1 is deleted.

California Fire Code Sections 1103.3 through 1103.5.4 are deleted.

H. CHAPTER 31 TENTS AND OTHER MEMBRANE STRUCTURES
California Fire Code Section 3101.1 is amended as follows:
3101.1 Scope. Tents, umbrella structures, temporary stage canopies and membrane structures shall comply with this chapter. The provisions of Section 3103 are applicable only to temporary tents, umbrella structures, and membrane structures. The provisions of Section 3104 are applicable to temporary and permanent tents, umbrella structures, and membrane structures. Other temporary structures shall comply with the California Building Code.

Item #7.1.

Draft Ordinance No. 757
California Building Code

These building standards govern the use of tents, umbrella structures, awnings or other fabric enclosures, including membrane (air-supported and air-inflated) structures and places of assemblage, in or under which 10 or more persons may gather for any lawful purpose.

Exceptions:

1. Tents, umbrella structures, awnings or other fabric enclosures used to cover or enclose private swimming pools and similar facilities on the premises of private one- and two-family dwellings.

2. Tents used to conduct committal services on the grounds of a cemetery.

3. Tents, umbrella structures, awnings or other fabric enclosures erected and used within a sound stage, or other similar structural enclosure which is equipped with an overhead automatic sprinkler system.

4. Tensioned membrane roof materials supported by ridged frames or installed on a mast and cable system provided such structures conform to the requirements of one of the types of construction as described in these regulations.

5. Fabric structures which are part of mobile homes, recreational vehicles, or commercial coaches governed by the provisions of Division 13, Part 2, Health and Safety Code (Department of Housing and Community Development).

I. CHAPTER 33 FIRE SAFETY DURING CONSTRUCTION
California Fire Code Section 3314.3 is added as follows:
3314.3 Where required. In buildings of combustible construction required to have automatic sprinkler system by Section 903, automatic sprinkler system shall be installed prior to construction exceeding 40 feet (12.192 meters) in height above the lowest level of fire department vehicle access. Such automatic sprinkler system shall be extended as construction progresses to within one floor of the highest point of construction having secured decking or flooring.

California Fire Code Section 3314.4 is added as follows:
3314.4 Buildings being demolished. Where a building is being demolished and an automatic sprinkler system exists within such a building, such automatic sprinkler system shall be maintained in an operable condition so as to be available for use by the fire department. Such automatic sprinkler system shall be demolished with the building but shall not be demolished more than one floor below the floor being demolished.

J. CHAPTER 56 EXPLOSIVES AND FIREWORKS
California Fire Code Section 5601.1.6 is added as follows:
5601.1.6 Sale, use or discharge of fireworks prohibited – exception.

Except for firework displays authorized pursuant to this section, it is unlawful for any person to possess, store, offer or expose for sale, sell at retail, give away or in any manner dispose of any fireworks, or to use, explode, or otherwise discharge any fireworks.

Item #7.1.

Draft Ordinance No. 757
California Building Code

California Fire Code Section 5601.2.5 is added as follows:

Section 5601.2.5 Limits Established by Law. The limits referred to in Chapter 56 of the California Fire Code, in which storage of explosives and blasting agents is prohibited, are hereby established as follows: Storage is prohibited in all areas of the City unless a permit is issued by the fire code official.

K. CHAPTER 57 FLAMMABLE AND COMBUSTIBLE LIQUIDS
California Fire Code Section 5701.6 is added as follows:
5701.6 Establishment of limits
Establishment of Limits of Districts in which the Storage of Hazardous Materials is prohibited: The limits referred to in Chapter 50 of the California Fire Code in which the storage of hazardous materials is prohibited, are hereby established as follows: Storage is prohibited in all areas of the City unless a permit is issued by the Fire Code Official.

Establishment of Limits of Districts in which the Storage of Compressed Gases is Prohibited: The limits referred to in Chapter 53 of the California Fire Code in which the storage of compressed gases is prohibited, are hereby established as follows: Storage of 16 gallons or more is prohibited in all areas of the City unless a permit is issued by the Fire Code Official.

Establishment of Limits of Districts in which Storage of Explosives and Blasting Agents is Prohibited: The limits referred to in Chapter 56 of the California Fire Code, in which storage of explosives and blasting agents is prohibited, are hereby established as follows: Storage is prohibited in all areas of the City, unless a permit is issued by the Fire Code Official.

Establishment of Limits of Districts in which Storage of Flammable or Combustible Liquids in Outside Above-ground Tanks is Prohibited: The limits referred to in Chapter 57 of the California Fire Code, in which the storage of flammable or combustible liquids in outside above-ground tanks is restricted, are hereby established as follows: Storage of 16 gallons or more is prohibited in all areas unless a permit is issued by the Fire Code Official.

Establishment of Limits of Districts in which Storage of Liquefied Petroleum Gas is prohibited: The limits referred to in Chapter 57 of the California Fire Code, in which storage of liquefied petroleum gas is prohibited, are hereby established as follows: Storage is prohibited in all areas of the City unless a permit is issued by the Fire Code Official.

Establishment of Limits of Districts in which the Storage of Stationary Tanks of Flammable Cryogenic Fluids is Prohibited: The limits referred to in Chapter 58 of the California Fire Code in which the storage of flammable cryogenic fluids in stationary containers is prohibited, are hereby established as follows: Storage is prohibited in all areas of the City unless a permit is issued by the Fire Code Official.

Item #7.1.

Draft Ordinance No. 757
California Building Code

California Fire Code Section 5706.2.4.5 is added as follows:

Section 5706.2.4.5 Establishment of Limits of Districts in which Storage of Liquefied Petroleum Gases is prohibited. The limits referred to in Chapter 57 of the California Fire Code, in which storage of liquefied petroleum gas is prohibited, are hereby established as follows: Storage is prohibited in all areas of the city unless a permit is issued by the fire code official.

L. CHAPTER 61 LIQUEFIED PETROLEUM GASES
California Fire Code Section 6104.2 is amended as follows:

Section 6104.2 Maximum capacity within established limits. Within the limits established by law restricting the storage of liquefied petroleum gas for the protection of heavily populated or congested areas, the aggregate capacity of any one installation shall not exceed a water capacity of 500 gallons (1893 L).

M. Appendix C Fire Hydrant Locations and Distribution
California Fire Code Appendix C102 is amended by adding the following appendix:

C102.2 Fire Department Connections. A fire hydrant shall be located within 50 feet of all Fire Department Connections (FDC), or as approved by the fire code official.

N. Appendix D Fire Apparatus Access Roads
California Fire Code Appendix D107.1 is amended as follows:

D107.1 One- or two-family dwelling residential developments.

Developments of one- or two-family dwellings where the number of dwelling units exceeds 20 shall be provided with two separate and approved fire apparatus access roads, and shall meet the requirements of Appendix D104.3.

Exceptions 1 and 2 are deleted.

Chapter 15.40

EXISTING BUILDING CODE

15.40.010 Existing Building Code
California Code of Regulations Title 24 Part 10 California Existing Building Code 2022 Edition as published by the International Code Council, International Existing Building Code, is adopted and made a part of this Title by reference.

Chapter 15.44

GREEN BUILDING STANDARDS

15.44.010 Green Building Standards
California Code of Regulations Title 24 Part 11 California Green Building Standards Code 2022 edition as published by the International Code Council with the following Item #7.1.

Draft Ordinance No. 757
California Building Code

amendments to Appendix Chapters A4 Tier 1 and Appendix Chapter A5 Tier 1, is adopted and made a part of this Title by reference.

Chapter 15.48

INTERNATIONAL PROPERTY MAINTENANCE CODE

15.48.010 International Property Maintenance Code
The International Property Maintenance Code (IPMC) 2021 Edition, as published by the International Code Council, International Property Maintenance Code, is adopted and made a part of this Title by reference.

15.48.020 Amendments
International Property Maintenance Code Section 101.1 – Title, Section 103.1- Title and Section 302.4 is amended as follows:

These regulations shall be known as the International Property Maintenance Code of [NAME OF JURISDICTION] City of Calistoga, hereinafter referred to as “this code.”
Chapter 15.50

INTERNATIONAL POOL AND SPA CODE

15.50.010 International Pool and Spa Code
The international Pool and Spa Code 2021 Edition as published by the International Code Council, International Pool and Spa Code, is adopted and made a part of this Title by reference.

15.50.010 Amendments
International Pool and Spa Code Section 101.1 – Title, is amended as follows:

These regulations shall be known as the International Swimming Pool and Spa Code of City of Calistoga, hereinafter referred to as “this code.” Chapter 15.52

REFERENCED STANDARDS

15.52.010 Adoption
For the purpose of establishing proper regulations for building construction, the 2022 California Referenced Standards is adopted and made a part of this Title by reference.

Item #7.1.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Nitish Sharma,
Meeting: City Council - Dec 06 2022
Subject: FY 2021-22 Development Impact Fees Annual Report in Compliance with Assembly Bill 1600
DESCRIPTION:

Consider adopting a Resolution accepting the FY 2021-22 Development Impact Fees Annual Report in Compliance with Assembly Bill 1600.

RECOMMENDATION:

Adopt a Resolution Accepting the FY 21-22 annual development fee report BACKGROUND/SUMMARY:

State law (California Government Code Section 66006) requires each local agency that imposes AB 1600 development impact fees to prepare an annual report providing specific information about those fees. The AB 1600 legal requirements stipulate that fees imposed on new development have the proper nexus to any project on which they are imposed. In addition, AB 1600 imposes certain accounting and reporting requirements with respect to the fees collected. The fees for accounting purposes must be segregated from the General Fund of the City and from other funds or accounts containing fees collected for other improvements. Interest on each development fee fund or account must be credited to the fund or account and used only for the purpose for which fees were collected.

The recommended Resolution (Attachment 1) accepts the annual report which is included as Exhibit A (the FY 21-22 AB 1600 Report) to the Resolution.

CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:

Goal 1: Maintain and enhance the economic vitality of the community and the financial stability of the City.

CEQA STATUS:

Not applicable
FINANCIAL IMPACT:

None
ATTACHMENT(S):

ATTACH 1 - RESO AB 1600 Resolution FY 2021-22
AB 1600 FY 20-21 - Exhibit A -WEB Report[81]
Annual Report by Fee Type- Developer Fees 2022
Item #7.2.

APPROVAL(S):

Laura Snideman, City Manager Approved - Nov 29 2022
Marni Rittburg, City Clerk Approved - Nov 29 2022
Item #7.2.

RESOLUTION NO. 2022-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF NAPA, STATE OF CALIFORNIA, ACCEPTING THE FISCAL YEAR 2021-22 ANNUAL REPORT OF DEVELOPER IMPACT FEES (AB 1600 REPORT) WHEREAS, the City of Calistoga imposes fees to mitigate the impact of development pursuant to Government Code Section 66000 et seq.; and WHEREAS, said fees collected are deposited into a special and separate capital account for each type of improvement funded by development fees; and WHEREAS, the City maintains separate funds for, administrative facilities, fire, police, transportation, affordable housing, cultural/recreational, traffic signal, northwest drainage, water, and wastewater; and
WHEREAS, the City is required within 180 days after the last day of each fiscal year to make available to the public information for the fiscal year regarding these fees under Government Code Section 66006; and
WHEREAS, City staff has prepared a report (“AB 1600 Report”) that contains the information required by Government Code Section 66006; and WHEREAS, no loans were made from any of the accounts identified in the AB 1600 Report; and
WHEREAS, there were no refunds of development impact fees collected pursuant to Government Code Section 66001 (e), nor were there any allocations of unexpended revenues collected pursuant to Government Code Section 66001 (f); and
WHEREAS, the AB 1600 Report was made available for review on November 21, 2022, more than fifteen (15) days prior to the date the Council considered the AB 1600 Report; and
WHEREAS, no interested persons have requested notice of the AB 1600 Report; consequently, no notices of availability of the AB 1600 Report were mailed.

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

Section 1:

A. In accordance with Government Code Section 66006, the City has conducted an annual review of its development impact fees and capital infrastructure programs and the City Council has reviewed the AB 1600 Report attached hereto as Exhibit A and incorporated therein by this reference.

ATTACHMENT 1
Item #7.2.

Resolution No. 2022-XXX
Annual AB 1600 Report FY 2021-22

B. The City Council hereby approves, accepts, and adopts the FY 2021-22 AB 1600 Report.

Section 2: Effective Date: The resolution shall take effect immediately upon adoption.

Section 3: Severability. If any section, subsection, sentence, clause, phase, or portion of this Resolution is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Resolution.

The City Council hereby declares that it would have passed this Resolution and each section, subsection, sentence, clause, or phase thereof irrespective of the fact that any one of or more sections, subsections, clauses, or phases be declared unconstitutional on their face or as applied.

PASSED, APPROVED AND ADOPTED this 6 day of December 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, City Clerk Chris Canning, Mayor
Item #7.2.

Exhibit A

CITY OF CALISTOGA
FY 2021-22 Development Impact Fees Annual Report
For Compliance with Assembly Bill 1600
November 16, 2022
Prepared by
Nitish Sharma, Interim Finance Director
City of Calistoga Administrative Services Department
Item #7.2.

BACKGROUND:

State law (California Government Code Section 66006) requires each local agency that imposes AB 1600 development impact fees to prepare an annual report providing specific information about those fees. The AB 1600 legal requirements stipulate that fees imposed on new development have the proper nexus to any project on which they are imposed. In addition, AB 1600 imposes certain accounting and reporting requirements with respect to the fees collected. The fees for accounting purposes must be segregated from the General Fund of the City and from other funds or accounts containing fees collected for other improvements. Interest on each development fee fund or account must be credited to the fund or account and used only for the purpose for which fees were collected.

California Code Section 66006(b) requires the local agency for each separate account or fund, within 180 days after the last day of the fiscal year to make available to the public the following information for the fiscal year:
 A brief description of the type of the fee in the account or fund  The amount of the fee
 The beginning and ending balance of the account or fund  The amount of the fees collected, and interest earned  The amount of the expenditures on each improvement
 The amount of any interfund transfers or loans made, and in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan.

California Government Code Section 66001(d) requires the local agency to file the report every fifth year with respect to the portion of the account remaining unexpended, whether committed or uncommitted.

If the agency no longer needs the funds for the purposes collected, or if the agency fails to make required findings, or perform certain administrative tasks prescribed by AB 1600, the agency may be required to refund, on a prorated basis to owners of the properties upon which the fees for the improvement were imposed, the monies collected for that project and any interest earned on those funds.

The report must be reviewed by the City Council at a regularly scheduled public meeting not less than 15 days after the information is made available to the public. In addition, notice of the time and place of the meeting shall be mailed at least 15 days prior to the meeting to any interest party who files a written request with the local agency for such a mailed notice. This report was filed with the City Clerk’s office and available for public review on December 6, 2022 and posted on the City’s Web page on December 6, 2022.

Item #7.2.

1 ANALYSIS:

Development impact fees are charged by a local governmental agency to an applicant in connection with approval of a development project. The purpose of these fees is to defray all or a portion of the cost of public facilities related to the development project.

The legal requirements for enactment of a development impact fee program are set forth in Government Code Section 66000-66025 (the Mitigation Fee Act”), the bulk of which was adopted as 1987’s AB 1600 and thus commonly referred to as “AB 1600 requirements.”
Development fees were adopted 15-20 years ago and were updated to reflect the current costs of public facilities and equipment as well as affordable housing through Ordinance Nos. 704 and 705 in December 2014.

Fees are collected at the time a building permit is issued for the purpose of mitigating the impacts caused by new development on certain public facilities. Facility fees are used to finance the acquisition, construction and improvement of public facilities needed as a result of this new development. A separate fund has been established to account for the impact of new development on each of the following types of public facilities:
administrative facilities, fire, police, transportation, affordable housing, cultural/recreation, traffic signal, northwest drainage, water and wastewater.

As of June 30, 2021, none of the funds have been held beyond the five-year period as described in AB 1600 and their continued collection is necessary to address the impacts associated with new development.

AB 1600 DESCRIPTION OF DEVELOPMENT FEES
The AB 1600 Development Fee is used only for the construction and the expansion of infrastructure to accommodate growth, not for operating or maintenance costs. Revenue will be used to maintain infrastructure standards for nine capital types in no order of importance:
• City Administrative Facilities
• Fire
• Police
• Transportation
• Affordable Housing
• Cultural/Recreational
• Traffic Signal
• Northwest Drainage
• Water Capacity Charge
• Wastewater Capacity Charge
City Administrative Facilities AB 1600 development fees cover new development’s share of the costs associated with a new City Hall and Community Center facility, including land acquisition.

Item #7.2.

2 Fire AB 1600 development fees cover new development’s share of the costs associated with the replacement of capital equipment and vehicles. Capital items will depreciate more quickly as new development occurs and the City’s service population grows.

Police AB 1600 development fees cover new development’s share of the costs associated with the replacement of capital equipment and vehicles. Capital items will depreciate more quickly as new development occurs and the City’s service population grows.

Affordable Housing AB 1600 development fees cover new development’s share of the costs associated with construction and preservation of affordable to very low-, low- and moderate-income households.

Cultural/Recreational AB 1600 development fees are designed to cover the costs associated with new parks and recreation facilities required to serve future growth in Calistoga.

Transportation AB 1600 development fees cover new development’s share of the costs associated with providing infrastructure improvements necessary to accommodate the increase in traffic and bicycle-associated improvements associated with new development.

Traffic Signal AB 1600 development fees will cover future signal and intersection improvements. This fee is no longer collected separately, and the identified signal improvements have been incorporated into the Transportation Fee. Funds collected under this impact fee will be used to facilitate the construction of the traffic signal at the intersection of Foothill Boulevard and Petrified Forest Road. Once the fees collected have been expended this impact fee account will be closed.

Northwest Drainage AB 1600 development fees are used to fund the design and construction of drainage infrastructure improvements to mitigate the impact of new development.

Water Capacity fees are used to fund the design and construction of water supply, water treatment and distribution system infrastructure improvements to cover costs associated with new development.

Wastewater Capacity fees are used to fund the design and construction of wastewater treatment, collection and disposal infrastructure improvements to cover costs associated with new development
Attachment 1.A reflects the Annual Report and Analysis of Changes in Fund Balance for Developer's Impact and Capacity Fees for the Fiscal Year Ending June 30, 2022.

Item #7.2.

Item #7.2.

City
Administrative
Facilities Fire Police Transportation
Affordable
Housing
Culture/
Recreational Traffic Signal
North West
Drainage Water Waste Water
Beginning Balance, July 1, 2021 $ 68,884 $ 45,452 $ 74,458 $ 708,603 $ 1,779,764 $ 81,933 $ 174,401 $ 3,308 $ 491,920 $ 481,050 Revenues
Other Finance sources (bond
proceeds) Tourism Improvement District
(Transient Occupancy Tax) 979,904
Impact Fee Charges 78,717
Interest Earnings 46,151 80,754 50,819 99,315 88,187 4,677 528,739 Grants and Other Contributions 194 10,116 79,906 4,160
Total Revenues 46,151 80,754 50,819 99,315 1,058,815 98,303 0 0 84,583 532,899 Disbursements:

Current
Public Safety
Utilities Improvements 535,667 133,389
Public Works
Housing
Parks and Recreation
Debt Service:

Principal
Interest
0 0 0 0 0 0 0 0 535,667 133,389
Total Expenditures
Other Financing Sources (Uses)
Interfund Transfers 4,290 41,715 21,600
Total Other Financing Sources (Uses) 0 0 0 0 0 0 4,290 0 41,715 21,600 Net Change in Fund Balance 46,151 80,754 50,819 99,315 1,058,815 98,303 4,290 0 -409,369 421,110 Ending Balance, June 30, 2022 115,035 126,206 125,277 807,918 2,838,579 180,236 178,691 3,308 82,551 902,160 City of Calistoga
Annnual Report on Developers' Funds per Government Code Section 66000 Analysis of Fund Balances as of June 30, 2022 (Unaudited Balances) Item #7.2.

City
Administrative
Facilities Fire Police Transportation
Affordable
Housing
Culture/
Recreational Traffic Signal
North West
Drainage Water Waste Water
Beginning Balance, July 1, 2021 $ 68,884 $ 45,452 $ 74,458 $ 708,603 $ 1,779,764 $ 81,933 $ 174,401 $ 3,308 $ 491,920 $ 481,050 Revenues
Other Finance sources (bond
Tourism Improvement District
(Transient Occupancy Tax) 979,904
Interest Earnings
Impact Fee Charges 46,151 80,754 50,819 99,315 58,718 88,187 4,677 528,739 Grants and Other Contributions 194 10,116 79,906 4,160
Total Revenues 46,151 80,754 50,819 99,315 1,038,816 98,303 0 0 84,583 532,899 Disbursements:

Current
Public Safety
Utilities Improvements 535,667 133,389
Public Works
Housing
Parks and Recreation
Debt Service:

Principal
Interest
0 0 0 0 0 0 0 0 535,667 133,389
Total Expenditures
Other Financing Sources (Uses)
Interfund Transfers 4,290 41,715 21,600
Total Other Financing Sources (Uses) 0 0 0 0 0 0 4,290 0 41,715 21,600 Net Change in Fund Balance 46,151 80,754 50,819 99,315 1,038,816 98,303 4,290 0 -409,369 421,110 Ending Balance, June 30, 2022 115,035 126,206 125,277 807,918 2,818,580 180,236 178,691 3,308 82,551 902,160 City of Calistoga
Annnual Report on Developers' Funds per Government Code Section 66000 Analysis of Fund Balances as of June 30, 2022 (Unaudited Balances) Item #7.2.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Marc Fox, Acting Administrative Services Director Meeting: City Council - Dec 06 2022
Subject: Approving Amendments to the Temporary Employees Salary Schedule, Unrepresented Management Employees Salary and Benefits Schedule, and Executive Management Employees Salary and Benefits Schedule.

DESCRIPTION:

Consider adopting a Resolution that amends salary and benefits schedules by incorporating January 1, 2023 California minimum wage changes and approving salary and benefit changes to unrepresented employees.

RECOMMENDATION:

Adopt a Resolution approving an amendment to the Temporary Employee Salary Schedule, Unrepresented Management Employees Salary and Benefits Schedule, and Executive Management Employees Salary and Benefits Schedule.

BACKGROUND/SUMMARY:

The City’s temporary employees, management employees and executive management employees are not represented by a recognized labor association and do not negotiate for a collective bargaining agreement. These employees consist of part-time employees in a variety of departments (e.g., summer recreation staff, part-time dispatchers, part-time fire fighters), mid-management and department directors.

The recommended changes are:

Wages
The California minimum wage increases from $15.00 to $15.50 per hour effective January 1, 2023.

Classifications whose entry pay is at the minimum wage will increase to $15.50 per hour with a corresponding increase to the other wage steps.

The Police Officer Trainee is a training classification used when the City sponsors an employee at the police academy. Because the employee has not graduated from a police academy, the individual does not yet meet the minimum qualifications of Police Officer. Similarly, the Operator-in-Training is a training classification used while the City trains an employee to meet the minimum qualifications of Plant Operator I. The proposed wage for both Police Officer Trainee and Operator-in-Training replaces the fixed hourly pay rate with the narrative that the pay is set at 20% below the entry wage of the fully trained classifications, thereby maintaining a consistent differential between the trainee and full-time positions.

Item #7.3.

Local inflation as measured by the San Francisco-Oakland-Hayward Consumer Price Index (CPI) for all urban consumers for the twelve months ending October 2022 is six percent (6%). The January 2023 wage increase for the remaining classifications is six percent (6%). Effective for both January 2024 and January 2025, the wage increase will be based on the same CPI scale, with the minimum City increase of two percent (2%) and the maximum City increase of four percent (4%).

Additionally, based on review of the City’s comparative cities, an adjustment is made for both the Maintenance Superintendent and the Utilities Systems Superintendent.

There is a $1,000 lump sum payment for mid-management and executive management employees.

This lump sum payment, consistent with the authorization provided for collective bargaining with the City’s represented employees, is in recognition of the City’s enactment of salary and benefit changes prior to December 31st. There is also an additional lump sum payment to the Fire Chief.

Benefits
The City’s Share the Savings program provides a financial incentive to an employee who waives participation in the City’s health insurance because the employee documents coverage elsewhere (e.g., coverage through a spouse). As example, the City’s cost for Kaiser health insurance, employee only, is $822.37 per month. The Share the Savings incentive will increase from $300 to $400 per month beginning January 2023.

The City’s automobile allowance, provided in recognition that a department director uses his/her personal vehicle in lieu of a City vehicle, increases by $50 per month in January 2023 and in January 2024.

The City’s mid-management employees presently do not have a technology allowance. This allowance is for use of the employee’s personal internet, laptop and cellphone services to conduct City business. Beginning January 2023, a $100 per month allowance is provided to these employees.

The City provides Administrative Leave to each management employee. Administrative Leave is in recognition that a manager’s responsibilities occasionally require work in excess of the normal forty (40) hour work week and that management employees are exempt from overtime requirements under the Fair Labor Standards Act (FLSA). Receipt of the Administrative Leave is in lieu of any payment or compensatory time off for work performed in excess of forty (40) hours per week. Beginning January 2023, the yearly allotment of eighty (80) hours is provided in January (and no longer half in January and half in July) and clarifies that each mid-management employee receives eighty (80) hours. Department directors are paid out unused Administrative Leave hours at the end of the calendar year.

CEQA STATUS:

None.

FINANCIAL IMPACT:

The fiscal impact of these changes is projected to increase General Fund costs in FY 2022/23 by $122,47976, in FY 2023/24 by $285,800, and in FY 2024/25 by $419,679. Costs for the current fiscal year will be reviewed as part of any mid-year budget adjustments and staff currently anticipates there are sufficient financial resources to cover the fiscal impact. Costs in future fiscal years will be incorporated in the proposed budgets.

ATTACHMENT(S):

Item #7.3.

Unrep Employees Resolution
Salary Schedule - Unrepresented Employees
Salary and Benefits - Management
Salary and Benefits - Executive Management
APPROVAL(S):

Laura Snideman, City Manager Approved - Nov 29 2022
Marni Rittburg, City Clerk Approved - Nov 29 2022
Item #7.3.

RESOLUTION NO. 2022-____

RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF CALISTOGA, COUNTY OF NAPA, STATE OF CALIFORNIA RESCINDING CITY COUNCIL RESOLUTION 2022- 009 AND AMENDING THE CITY’S SALARY AND BENEFITS SCHEDULE FOR

UNREPRESENTED EMPLOYEES
WHEREAS, the City’s unrepresented employees are not represented by a recognized labor association and do not negotiate for a collective bargaining agreement; and
WHEREAS, the State of California is increasing the minimum wage effective January 1, 2023; and
WHEREAS, the City finds it desirable to amend the salary and benefits schedules of the City’s unrepresented employees.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Calistoga hereby rescinds City Council Resolution No. 2022-009 in its entirety, adopts the attached salary and benefits schedules for the City’s unrepresented employees, and authorizes the City Manager with City Attorney concurrence to make any technical corrections.

PASSED, APPROVED AND ADOPTED this 6th day of December 2022. I,

MARNI RITTBURG, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
______________________________ ______________________________ Marni Rittburg, CMC, City Clerk Chris Canning, Mayor
Item #7.3.

Exhibit 1
Salary Schedule
Unrepresented Employees
Classification Hourly-1 Hourly-2 Hourly-3 Hourly-4 Hourly-5 FLSA Accountant $37.52 $39.40 $41.37 $43.44 $45.61 Non-Exempt Administrative Aide $15.50 $16.28 $17.09 $17.94 $18.84 Non-Exempt Coach/Referee $15.50 $16.28 $17.09 $17.94 $18.84 Non-Exempt Facility Attendant $18.08 Non-Exempt
Fire Captain $30.57 $32.10 $33.71 $35.40 $37.17 Non-Exempt Fire Engineer $28.75 $30.19 $31.70 $33.29 $34.95 Non-Exempt Fire Fighter $24.99 $26.24 $27.55 $28.93 $30.38 Non-Exempt Head Lifeguard $17.65 $18.53 $19.46 $20.43 $21.45 Non-Exempt Lifeguard I $16.56 $17.39 $18.26 $19.17 $20.13 Non-Exempt Non-Classified Employee-Professional/Technical $15.50 $150.00 See Note 4 Office Assistant I $15.50 $16.28 $17.09 $17.94 $18.84 Non-Exempt Office Assistant II $17.09 $17.94 $18.84 $19.78 $20.77 Non-Exempt Operator-in-Training Step 5 is set at 20% below a Plant Operator I, step 1 Non-Exempt Parking Enforcement Officer $15.50 $16.28 $17.09 $17.94 $18.84 Non-Exempt Police Officer Trainee Step 5 is set at 20% below a Police Officer, step 1 Non-Exempt Pool Manager $18.73 $19.67 $20.65 $21.68 $22.76 Non-Exempt Recreation Aide $15.50 $16.28 $17.09 $17.94 $18.84 Non-Exempt Recreation Leader $16.56 $17.39 $18.26 $19.17 $20.13 Non-Exempt Senior Recreation Leader $18.73 $19.67 $20.65 $21.68 $22.76 Non-Exempt Specialty Instructor I $16.56 $17.39 $18.26 $19.17 $20.13 Non-Exempt Specialty Instructor II $18.73 $19.67 $20.65 $21.68 $22.76 Non-Exempt Swim Instructor I $15.50 $16.28 $17.09 $17.94 $18.84 Non-Exempt Swim Instructor II $17.65 $18.53 $19.46 $20.43 $21.45 Non-Exempt Water Conservation Manager $27.42 $28.79 $30.23 $31.74 $33.33 Non-Exempt Water Conservation Specialist $17.26 $18.12 $19.03 $19.98 $20.98 Non-Exempt Notes:

1. For FLSA Exempt, the Hourly Rate is the Yearly (Monthly x 12) divided by 2080, rounded to 2 decimal places.

2. For FLSA Non-Exempt, except fire safety, the Monthly is the Hourly Rate x 2080 (Yearly) divided by 12, rounded to the next whole dollar

3. For FLSA Non-Exempt fire safety, the Monthly is the Hourly Rate x 2920 (Yearly) divided by 12, rounded to the next whole dollar

4. Exempt or non-exempt status under the FLSA is to be reviewed based on the assigned duties and pay.

5. For classifications not listed above, a Temporary Employee working in a classification which is in a represented bargaining unit receives the same wage/salary schedule as that represented employee.

Item #7.3.

Exhibit 2
Salary and Benefits – Management
Effective January 1, 2023
Table of Contents Page

1. Covered Positions.....................................................................................................................2

2. Salaries.....................................................................................................................................2

2.1 Salary Ranges ...................................................................................................................................2

2.2 Pay Dates .........................................................................................................................................2

2.3 Pay for New or Rehired Employees .................................................................................................3

2.4 Pay Upon Promotion........................................................................................................................3

2.5 Pay Upon Demotion.........................................................................................................................3

2.6 Pay Upon Reclassification ................................................................................................................3

2.7 Merit Increases ................................................................................................................................3

2.8 Service Longevity Pay.......................................................................................................................3

2.9 Working Out of Class .......................................................................................................................4

3. Benefits....................................................................................................................................4

3.1 Medical Benefits ..............................................................................................................................4

3.2 Flexible Benefits Plan.......................................................................................................................4

3.3 Share the Savings / Alternate Health Insurance ..............................................................................5

3.4 Supplemental Retiree Health Insurance Reimbursement ...............................................................5

3.5 Dental Insurance..............................................................................................................................6

3.6 Vision Insurance...............................................................................................................................6

3.7 Life Insurance...................................................................................................................................6

3.8 Disability Insurance..........................................................................................................................7

3.9 CalPERS Retirement .........................................................................................................................7

3.10 Deferred Compensation – 457 Plan.................................................................................................8

3.11 Deferred Compensation – 401(a) Plan ............................................................................................8

3.12 Social Security and Medicare...........................................................................................................8

3.13 Uniform Allowance ..........................................................................................................................8

4. Incentives and Differentials ......................................................................................................9

4.1 Bilingual Pay.....................................................................................................................................9

4.2 Technology Allowance .....................................................................................................................9

4.3 Educational Reimbursement ...........................................................................................................9

5. Vacation ...................................................................................................................................9

6. Sick Leave...............................................................................................................................10

7. Management Administrative Leave ........................................................................................11

8. Bereavement Leave and Other Leaves ....................................................................................11

8.1 Bereavement Leave .......................................................................................................................11

8.2 Other Leaves..................................................................................................................................12 Item #7.3.

Salary and Benefits – Management Page 2

9. Holidays .................................................................................................................................12 Appendix A – Executive Management Wage Scale ..................................................................14

1. Covered Positions
This Salary and Benefits Resolution for Management positions covers the following classifications:
• Associate Civil Engineer
• Building Official
• City Clerk
• Code Enforcement Officer
• Deputy City Clerk
• Deputy Public Works Director
• Executive Assistant to the City Manager
• Human Resources/Finance Specialist
• Maintenance Superintendent
• Management Analyst I/II
• Police Lieutenant
• Senior Civil Engineer
• Senior Planner
• Senior Planner/Assistant to the City Manager
• Utilities Systems Superintendent
Employees in a temporary position are excluded.

2. Salaries

2.1 Salary Ranges
Salary ranges and effective dates for Covered Positions are listed in Appendix A.

2.2 Pay Dates
Employees are paid semi-monthly, with pay on approximately the 15th of each month for hours worked from the first through the fifteenth of that same month and paid on approximately the last day of each month for hours worked from the sixteenth through the last day of that same month.

In the event the City moves to biweekly pay periods, the City may mitigate the effects of this pay date move with a one-time advance of one thousand five hundred dollars ($1,500), to be paid back to the City in equal installments over the second, third and fourth paycheck following implementation of biweekly pay periods.
//
//
Item #7.3.

Salary and Benefits – Management Page 3

2.3 Pay for New or Rehired Employees
An Appointing Authority may appoint a new employee in a Covered Position at any salary step within the employee’s classification; however, any placement above the second salary step requires the City Manager’s approval.

2.4 Pay Upon Promotion
An employee promoted to a Covered Position receives the closest salary step within the employee’s (new) classification which provides at least a five percent (5%) over his/her current (pre-promotion) classification but not exceeding the maximum amount of the promoted classification. The City Manager may, however, grant a promotion salary step that is greater than which is prescribed in this section.

2.5 Pay Upon Demotion
An employee demoted to a Covered Position having a salary range lower than the class or position from which he/she was demoted from shall receive the highest salary step in the new classification which provides a minimum five percent (5%) reduction, but not less than the minimum nor exceeding the maximum of the demoted classification.

2.6 Pay Upon Reclassification
A. If the position is reclassified to a classification with the same salary range, the salary and merit increase eligibility date will not change.

B. If the position is reclassified to a classification with a higher salary range, the reclassification will be considered to be a promotion.

C. If the position is reclassified to a classification with a lower salary range, the reclassification will be considered to be a demotion.

2.7 Merit Increases
A Covered Position shall be considered for a merit increases annually, to be effective, initially, effective the beginning of the pay period closest to the employee’s hire date, and then annually thereafter.

Advancement within the salary range is not automatic for merely completing a specific period of service, but rather based on merit as documented on a performance evaluation form, with said performance evaluation form in a manner prescribed by the City Manager. A merit increase is to the next higher step within the limits of the employee’s classification’s salary range.

A performance evaluation must be submitted within three (3) months following the employee’s last merit increase. If the performance evaluation is not submitted, then performance is deemed to be satisfactory, and the employee will receive a merit increase effective on the scheduled date.

2.8 Service Longevity Pay
An employee in a Covered Position receives a one-time Service Longevity Pay calculated on the employee’s annualized base pay for completion of a specific number of years of service with the City according to the following schedule:

Item #7.3.

Salary and Benefits – Management Page 4
Completion of “x” years of Calistoga Service Percentage of Annualized Base Pay 5 years 1.5%
10 years 2.0%
15 years 2.0%
20 years 2.5%
25 year, and each 5 years thereafter 2.5%
Service Longevity Pay shall be paid by the City to the employee on the paycheck closest to the hire date anniversary with the City. If the employee has left City service and later returns to City service, then the most recent hire date is used in determining the appropriate payment schedule although all years of service are considered in determining the percentage to be paid.

2.9 Working Out of Class
An employee in a Covered Position working in an out-of-class assignment for more than three (3) consecutive days receives an increase of ten percent (10%) within the employee’s current salary range. Benefits of the higher classification are not available, and the employee will continue to receive the benefits of the employee’s assigned (i.e., not working out of class) classification.

3. Benefits

3.1 Medical Benefits
Employees in a Covered Position are members of the Public Employees Medical and Hospital Care Act (“PEMHCA” or “PERS Health”) insurance program. The City’s monthly contribution to provide health insurance benefits for the individual employee and the employee’s eligible dependents shall be the minimum payment required by the PEMHCA.

3.2 Flexible Benefits Plan
Employees in a Covered Position may participate in the flexible benefits plan. The City offers an Internal Revenue Code Section 125 Plan, which contains the components of premium conversion, health care reimbursement account, and dependent care reimbursement account.

A. The City’s contributes the below-listed amounts per month toward each employee’s Section 125 Plan components:

1. 100% of the Dental Plan monthly premium amount, less the 10% employee contribution, paid through a payroll deduction.

2. 100% of the Medical Plan monthly premium amount for any eligible PEMHA plan, less the minimum premium payment required by CalPERS (see Section 5, Medical Benefits) and less the 10% employee contribution, paid through a payroll deduction.

3. 100% of the Vision Plan monthly premium amount, less the 10% employee contribution amount, paid through a payroll deduction.

B. An employee may use any and all City contributions to the Section 125 Plan toward the cost of employer provided PEMHCA medical insurance and dental insurance for the employee and eligible dependents. An employee may not use funds for other reasons.

Item #7.3.

Salary and Benefits – Management Page 5

3.3 Share the Savings / Alternate Health Insurance
An employee in a Covered Position who waives health insurance because the employee demonstrates to the City that he/she has alternate health insurance coverage shall receive three hundred dollars ($300) per month. Annually, the employee who participates in this Share the Savings program will need to recertify eligibility by documenting to the City the employee’s alternate health insurance coverage. Effective with payments beginning in January 2023, the Share the Savings amount shall increase from three hundred dollars ($300) to four hundred dollars ($400) per month.

3.4 Supplemental Retiree Health Insurance Reimbursement A. Eligibility

1. The City offers a Supplemental Retiree Health Insurance Reimbursement for eligible unrepresented employees of:
• City Clerk
• Administrative Analyst/Deputy City Clerk
• Maintenance Superintendent
• Utilities Systems Superintendent
• Police Lieutenant
• Senior Civil Engineer
• Associate Civil Engineer
•

2. An eligible employee must have a minimum of ten (10) years of continuous service with the City and has been continuous employed since April 21, 2015 or earlier.

B. Benefit

1. The City’s reimbursement is calculated at the rate of three percent (3%) per City service years to a rate of three and one-half percent (3.5%) per City service years after twenty years of continuous City service.

Years of Continuous
Service with City
Total Percent of Combined Required
CalPERS Retiree Contribution and
City Supplemental Reimbursement
for Single Kaiser Premium for 3% per
year
Total Percent of Combined Required
CalPERS Retiree Contribution and
City Supplemental Reimbursement
for Single Kaiser Premium for 3.5%
per year
10 30.0%
11 33.0%
12 36.0%
13 39.0%
14 42.0%
15 45.0%
16 48.0%
17 51.0%
18 54.0%
19 57.0%
20 70.0%
21 73.5%
22 77.0%
23 80.5%
24 84.0%
25 87.5%
26 91.0%
Item #7.3.

Salary and Benefits – Management Page 6
27 94.5%
28 98.0%
29 100%
30 and greater 100%

2. Retirees must be eligible for CalPERS Retiree Medical Coverage and required City retiree premium payment. This means that the retiree must retiree from the City of Calistoga, be vested in CalPERS, and continue participation in CalPERS PEMHCA within one hundred twenty (120) days of retirement.

3. Supplemental Retiree Health Insurance Reimbursement amount based on difference of the required CalPERS Retiree premium payment as a percentage to the Kaiser single premium (of the plan offered within Napa County) and the percentage in the table above based on years of continuous City service at time of retirement.

In no event will the combined CalPERS premium payment and City Supplemental Reimbursement be greater than 100% of the Kaiser single premium (of the plan offered within Napa County).

4. Continuous City employment means from initial hire date to date of retirement. If the retiree left City employment and then returned, the subsequent date of hire will begin a new period of employment for the determination of continuous City employment. This would not include statutory leaves for military, industrial disability, extended sick of Family Medical.

5. Supplemental payments will continue as long as the retiree in participating in CalPERS PEMHCA to when eligible for Medicare coverage.

6. Eligibility for the Supplemental Retiree Health Insurance Reimbursement will be authorized by the City Manager upon notification that the retiree is continuing to participate in the CalPERS PEMHCA.

7. Supplemental Retiree Health Insurance Reimbursement will be made on a monthly basis, in arrears, as a direct deposit or check to the retiree based on information provided by CalPERS on retiree participation in CalPERS PEMHCA.

3.5 Dental Insurance
An employee in a Covered Position is eligible for dental insurance coverage for the employee and eligible dependents beginning the first of the monthly following appointment with the City.

3.6 Vision Insurance
An employee in a Covered Position is eligible for vision insurance coverage for the employee and eligible dependents beginning the first of the month following appointment with the City.

3.7 Life Insurance
An employee in a Covered Position is eligible for life/accidental death and dismemberment insurance coverage for the employee beginning the first of the month following appointment with the City. The City pays 100% of the monthly premium for the life insurance. The life insurance policy is valued at 1x the employee’s annual salary.

Item #7.3.

Salary and Benefits – Management Page 7
The City may offer supplemental life insurance policies, at the employee’s cost, for additional life insurance coverage for the employee and/or the employee’s eligible dependents.

3.8 Disability Insurance
An employee in a Covered Position is eligible for disability insurance for the employee beginning the first of the month following appointment with the City. The City pays 100% of the monthly premium for the disability insurance. The policy provides a benefit equal to 66-2/3% of the employee’s first $1,500 of salary, less deductible income, if the employee is unable to work due to injury/illness lasting seven (7) days or longer.

3.9 CalPERS Retirement
A. Employees Hired Before May 1, 2012
For employees hired before May 1, 2012 only, the City shall provide employees with retirement coverage through the Public Employees’ Retirement System (PERS) including the following:
• Government Code §20965, Sick Leave Service Credit, and • Either:
o Government Code §21354.4 – 2.5% @ 55 formula for PERS “miscellaneous” members (i.e., non-safety employees), or
o Government Code §21354.3 – 3% @ 55 formula for PERS fire safety members, or
o Government Code §21354.3 – 3% @ 55 formula for PERS police safety members B. Employees Hired on or after May 1, 2012 and Before January 1, 2013, or Employees who qualify for PERS Reciprocity
For employees hired on or after May 1, 2012 and before January 1, 2013, as well as for employees who qualify for pension reciprocity pursuant to Government Code §7522.02(c) and any related reciprocity requirements established by PERS, the City shall provide retirement coverage of:
• Government Code §20965, Sick Leave Service Credit, and • Either:
o Government Code §21353 – 2% @ 60 formula for PERS “miscellaneous” members (i.e., non-safety employees),or
o Government Code §21369 – 2% @ 55 formula for PERS fire safety members, or o Government Code §21369 – 2% @ 55 formula for PERS police safety members C. Employees Hired on or After January 1, 2013
For employees hired on or after January 1, 2013 who do not qualify for pension reciprocity pursuant to Government Code §7522.02(c) and any related reciprocity requirements established by PERS, the City shall provide retirement coverage of:
• Government Code §20965, Sick Leave Service Credit, and • Either:
o Government Code §7522.20 – 2% @ 62 formula for PERS “miscellaneous” members (i.e., non-safety employees), or
Item #7.3.

Salary and Benefits – Management Page 8
o Government Code §755.25 – 2% @ 57 formula for PERS fire safety members, or o Government Code §755.25 – 2% @ 57 formula for PERS police safety members D. Employee Contributions
All employees shall pay the full employee’s share of PERS employee contribution as determined by PERS; the City shall not pick up any portion of the required employee contribution.

3.10 Deferred Compensation – 457 Plan
An employee in a Covered Position may make a voluntary payroll deduction into the Internal Revenue Code 457 deferred compensation plan, subject to the contribution limits established by the Internal Revenue Service.

3.11 Deferred Compensation – 401(a) Plan
A fire safety employee and a police safety employee in a Covered Position who is a PEPRA tier participant in the City’s CalPERS Retirement Plan receives a five percent (5%) of pre-tax base salary contribution to the Calistoga 401(a) Money Purchase Plan account, up to the annual limit under IRC §415(c), which is equal to the lesser of (i) one hundred percent (100%) of each said PEPRA employee’s IRC 415 compensation or (ii) the dollar limit in effect for the year.

These contribution limits are inclusive of the contributions of City, which also includes any other 401(a) accounts said PEPRA employees hold with the City or any other entities related to the City that meets the controlled group rules under IRC §414(b), the common control rules under IRC §414(c), or the affiliated service group rules under IRC §414(m) as set forth in the Internal Revenue Code.

Because the City’s contribution is derived from base salary, the City’s dollar contribution 401(a) Money Purchase Plan account shall increase with any increase to the employee’s base salary, subject to the contribution limits set forth above.

In no event will the City contribution exceed five percent (5%) of the employee’s pre-tax base salary.

No employee contribution is permitted to the employee’s Calistoga 401(a) Money Purchase Plan account.

3.12 Social Security and Medicare
Each employee in a Covered Position has coverage under Federal Social Security in accordance with the provisions of law. The system requires contributions by both the employee and City in accordance with schedules provided by the federal government.

Each employee in a Covered Position has coverage under Medicare in accordance with the provisions of law. The system requires contributions by both the employee and City in accordance with schedules provided by the federal government.

3.13 Uniform Allowance
The City Manager is authorized to provide a fire safety management employee with uniforms, uniform cleaning and replacement, and/or a uniform allowance in the same manner as the City Item #7.3.

Salary and Benefits – Management Page 9
provides uniforms, uniform cleaning and replacement to fire safety employees represented by the California Professional Firefighters’ Association.

The City Manager is authorized to provide a police safety management employee with uniforms, uniform cleaning and replacement, and/or a uniform allowance in the same manner as the City provides uniforms, uniform cleaning and replacement to police safety employees represented by the California Police Officers’ Association.

4. Incentives and Differentials

4.1 Bilingual Pay
Each employee in a Covered Position who qualified shall receive five percent (5%) of base salary as bilingual differential at the discretion of the City Manager. Generally, bilingual skills should be relevant to the provision of City services in the City of Calistoga. An employee shall be deemed qualified who is determined by the City to be fluent in an appropriate language as determined by the City Manager.

4.2 Technology Allowance
Each employee in a Covered Position receives one hundred dollars ($100) per month technology allowance for use of the employee’s personal internet, laptop and cellphone services to conduct City business.

4.3 Educational Reimbursement
An employee in a Covered Position is eligible to receive up to one thousand dollars ($1,000) per fiscal year for reimbursement of expenditures on tuition, books, travel and any other costs associated with the employee’s successful completion of any professional or educational program approved by the City Manager. This benefit is funded at the maximum “pooled” total of five thousand dollars ($5,000) per fiscal year and is available beyond employees in a Covered Position (see other employees’ collective bargaining agreements and/or other salary/benefit documents for other employees’ eligibility for pooled dollars) on a first-come, first-served basis.

Once the total annual benefit amount is reached, the benefit is no longer available to any employee until the next fiscal year.

5. Vacation
A. The City believes that its employees and the City benefit when employees have scheduled time away from work for relaxation and recreation. In order to provide for such absence without concern for continuation of pay, the City has adopted the following paid vacation leave plan for employees in Covered Position:

Years of City Service Hours per Year Maximum Accrued Hours 1 through 3 80 hours 240 hours
4 through 6 120 hours 360 hours
7 or more 160 hours 480 hours
The City Manager may place an employee in a Covered Position on the vacation accrual schedule based on the employee’s total years of public service experience.

An employee shall not accrue vacation once the accrued vacation hours have been reached Item #7.3.

Salary and Benefits – Management Page 10
(i.e., three times the annual accrual rate). An employee who had exceed the maximum begins to accrue vacation when the employee’s balance is reduced below his/her maximum.

Vacation leave shall be taken with the employee’s Appointing Authority’s approval.

Vacation shall not include any official City holidays when occurring during the scheduled vacation period.

Upon employment separation from the City, an employee receives pay for his/her current vacation leave balance at the employee’s equivalent hour rate of base pay.

B. Prior to the beginning of next calendar year, an employee wishing to cash out up to eighty (80) hours of vacation accruals may make such a request before the end of the current calendar year. The election is irrevocable. Payment will be made upon the employee’s request, before December 31 of the next calendar year, but no sooner than at the time the employee has accrued the number of vacation hours requested to be cashed out.

6. Sick Leave
A. The City provides a sick leave program for the purpose of minimizing the economic hardships that may result from unexpected personal or dependent illness or injury. It is not intended for incidents of minor discomfort.

B. Accrual. Sick leave shall be accrued at the rate of eight (8) hours for each calendar month of service.

C. Use. Sick leave may be used for personal illness or injury, emergency, or routine medical or dental appointments, and for reasonable travel time to and from health care facilities.

D. Family Care. Up to twenty-four (24) hours of sick leave may be used per calendar year to care for members of the Employee’s immediate family who are ill or injured. Immediate family means: parent, step-parent, and any other family member living in the same household as the Employee.

E. Personal Leave. Employees have the option of taking a maximum of up to three (3) days sick leave each year as personal leave days. An Employee may take personal leave if the Employee has a current sick leave balance that is at least equal to the number of personal leave days the Employee opts to take. Employees are required to obtain approval from the City Manager prior to taking personal leave.

F. Buy-Out. On completion of the fifth (5th) year of service, based on the anniversary date of initial hire, City may purchase from each Employee covered hereunder all but fifteen (15) of the accumulated sick leave days for non-safety Employees and twenty (20) of the accumulated sick leave days for safety Employees, at the rate of twenty-five percent (25%) of the covered Employee’s then existing wage. At each Employees’ option, said buy-out may occur earlier than set forth hereinabove, so long as the buy-out occurs on or about the anniversary date of initial hire and there remains a minimum sick leave bank of fifteen (15) accumulated days. Employees who are absent without pay for any reason for more than ten (10) working days during a calendar month shall not accumulate sick leave for that month. If Item #7.3.

Salary and Benefits – Management Page 11
an Employee’s employment is terminated for any reason, there will be deducted from the final check the amount of sick leave taken during employment with City in excess of the amount accrued.

7. Management Administrative Leave
A. In recognition that their responsibilities occasionally require work in excess of the normal forty (40) hour work week, FLSA-exempt employees receive an Administrative Leave benefit.

This is in lieu of any payment or compensatory time off for work performed in excess of forty (40) hours per week.

B. Eighty (80) hours of Administrative Leave shall be granted annually to an employee in a Covered Position effective January 1 of each calendar year.

A new employee receives a pro-rata lump sum number of Administrative Leave hours based on the number of full pay periods remaining in the calendar year.

An employee who works less than full-time receives Administrative Leave on a pro rata basis.

An employee who promotes into a Covered Position and has unused accrued compensatory time off will be paid off for all accrued compensatory time off (CTO) hours based on the equivalent hourly rate of pay of the classification last held. A management employee who receives Administrative Leave and who is promoted into a Covered Position receives the full calendar year allotment of Management Administrative Leave less the non-Management Administrative Leave the employee already received for that calendar year.

C. Subject to advance approval by the employee’s Appointing Authority, Administrative Leave may be taken at any time during the calendar year and must be taken within the calendar year in which it is given.

D. No employee shall carry over Administrative Leave from one calendar year to another.

E. There is no cash out of Administrative Leave.

8. Bereavement Leave and Other Leaves

8.1 Bereavement Leave
Employees may have three (3) work days leave of absence for each death in their immediate family for the purpose of bereavement and for the arranging of, and attendance at, the funeral.

Immediate family means:
• Father
• Mother
• Father in-law
• Mother in-law
• Stepparent where there is a child rearing
relationship
• Spouse
• Domestic partner
• Child
• Employee is a parent in a child rearing
relationship
• Stepchild where there is a child rearing
relationship
Item #7.3.

Salary and Benefits – Management Page 12
• Grandparent
• Brother
• Sister
• Brother in-law
• Sister in-law
• Grandchild
If an Employee must attend a funeral more than five hundred (500) miles from the City, or if the death is to a member of the Employee’s extended family, then the Employee has the option to use up to three (3) days of sick leave from his/her current sick leave balance in addition to any leave provided above.

The Employee may be required to submit proof of the relative’s death before final approval of leave with pay is granted.

8.2 Other Leaves
Consult the City’s Personnel Rules for leaves that apply to employees in Covered Positions:
• Jury Duty
• Witness Duty
• Maternity Leave
• Unpaid Leave of Absence
• Military Leave
• Medical Leave – Non-Occupational
• Medical Leave – Work-Related
• Time Off to Vote

9. Holidays
A. The City recognizes the following days as official City holidays and employees in a Covered Position normally scheduled to work on these days will be given the day off with pay:
• New Year’s Day January 1
• Martin Luther King Jr. Birthday 3rd Monday in January • Presidents’ Day 3rd Monday in February
• Memorial Day Last Monday in May
• Juneteenth June 19
• Independence Day July 4
• Labor Day 1st Monday in September
• Veterans’ Day November 11
• Thanksgiving Day 4th Thursday in November
• Day after Thanksgiving
• Christmas Eve December 24
• Christmas Day December 25
B. If one of the holidays listed above falls on a Sunday, then it shall be observed on the following Monday. If one of the holidays listed above falls on a Saturday, then it shall be observed on the previous Friday.

Item #7.3.

Salary and Benefits – Management Page 13
C. When a day is proclaimed by the Mayor of the City for a day of mourning, or holiday, then each employee in a Covered Position is granted time off with pay from his/her scheduled hours.

D. An employee in a Covered Position receives two (2) floating holidays (total 16 hours) per calendar year, which may be taken at a time mutually agreeable to the employee and the City Manager. Unused floating holiday time is not carried over into the following calendar year. Employees hired between May 1 and August 31 are credited with twelve (12) hours of floating holiday time for that calendar year, and employees hired between September 1 and December 31 are credited with eight (8) hours of floating holiday. Unused floating holiday hours have no cash value upon an employee’s separation from City employment.

Item #7.3.

Salary and Benefits – Management Page 14
Appendix A
Management Wage Scale

1. Effective January 1, 2023, the base wages of the following classifications shall be adjusted to:

Classification Monthly-1 Monthly-2 Monthly-3 Monthly-4 Monthly-5 FLSA Associate Civil Engineer $8,659 $9,092 $9,546 $10,024 $10,525 Exempt Building Official $10,024 $10,525 $11,052 $11,604 $12,184 Exempt City Clerk $9,320 $9,785 $10,275 $10,789 $11,327 Exempt Code Enforcement Officer $6,462 $6,786 $7,126 $7,479 $7,855 Non-Exempt Deputy City Clerk $7,480 $7,854 $8,247 $8,659 $9,092 Exempt Deputy Public Works Director $11,052 $11,604 $12,184 $12,793 $13,433 Exempt Executive Assistant to the City Manager $5,722 $6,006 $6,308 $6,623 $6,954 Non-Exempt Human Resources/Finance Specialist $7,126 $7,479 $7,852 $8,245 $8,660 Non-Exempt Maintenance Superintendent $9,283 $9,747 $10,234 $10,746 $11,283 Exempt Management Analyst I $7,302 $7,667 $8,051 $8,452 $8,875 Exempt Management Analyst II $8,452 $8,875 $9,320 $9,785 $10,275 Exempt Police Lieutenant $11,604 $12,184 $12,793 $13,433 $14,104 Exempt Senior Civil Engineer $9,546 $10,024 $10,525 $11,052 $11,604 Exempt Senior Planner $9,092 $9,546 $10,024 $10,525 $11,052 Exempt Senior Planner/Assistant to the City Manager $10,024 $10,525 $11,052 $11,604 $12,184 Exempt Utilities Systems Superintendent $10,390 $10,909 $11,455 $12,027 $12,629 Exempt

2. Effective January 1, 2023, the Management classifications listed above shall receive a lump sum payment of one thousand dollars ($1,000). The City intends that the lump sum payment is not subject to CalPERS reporting of benefits. A part-time employee shall receive a pro-rata amount based on the employee’s full-time equivalence. Temporary employees do not qualify for any lump sum payment.

3. Effective the beginning of the pay period which includes January 1, 2024, the base wages set forth in this Appendix A, paragraph 1, above, shall be increased by the San Francisco-OaklandHayward Consumer Price Index, all urban consumers (CPI-U) for the October 2023 twelve-month increase with such wage increase to be a minimum of two percent (2%) and a maximum of four percent (4%).

4. Effective the beginning of the pay period which includes January 1, 2025, the base wages set forth in this Appendix A, paragraph 3, above, shall be increased by the San Francisco-OaklandHayward Consumer Price Index, all urban consumers (CPI-U) for the October 2024 twelve-month increase with such wage increase to be a minimum of two percent (2%) and a maximum of four percent (4%).

5. The hourly rate is calculated by multiplying the monthly pay rate by twelve (12) months and dividing that value by two thousand eighty (2,080) hours.

Item #7.3.

Exhibit 3
Salary and Benefits – Executive Management
January 1, 2023
Table of Contents Page

1. Covered Positions.....................................................................................................................2

2. Salaries.....................................................................................................................................2

2.1 Salary Ranges ...................................................................................................................................2

2.2 Pay Dates .........................................................................................................................................2

2.3 Pay for New or Rehired Employees .................................................................................................2

2.4 Pay Upon Promotion........................................................................................................................2

2.5 Pay Upon Demotion.........................................................................................................................3

2.6 Pay Upon Reclassification ................................................................................................................3

2.7 Merit Increases ................................................................................................................................3

2.8 Service Longevity Pay.......................................................................................................................3

2.9 Working Out of Class .......................................................................................................................4

3. Benefits....................................................................................................................................4

3.1 Medical Benefits ..............................................................................................................................4

3.2 Flexible Benefits Plan.......................................................................................................................4

3.3 Share the Savings / Alternate Health Insurance ..............................................................................4

3.4 Supplemental Retiree Health Insurance Reimbursement ...............................................................5

3.5 Dental Insurance..............................................................................................................................6

3.6 Vision Insurance...............................................................................................................................6

3.7 Life Insurance...................................................................................................................................6

3.8 Disability Insurance..........................................................................................................................6

3.9 CalPERS Retirement .........................................................................................................................7

3.10 Deferred Compensation – 457 Plan.................................................................................................8

3.11 Deferred Compensation – 401(a) Plan ............................................................................................8

3.12 Social Security and Medicare...........................................................................................................8

3.13 Uniform Allowance ..........................................................................................................................8

4. Incentives and Differentials ......................................................................................................9

4.1 Bilingual Pay.....................................................................................................................................9

4.2 Automobile Allowance.....................................................................................................................9

4.3 Technology Allowance .....................................................................................................................9

4.4 Educational Reimbursement ...........................................................................................................9

5. Vacation ...................................................................................................................................9

6. Sick Leave...............................................................................................................................10

7. Executive Management Administrative Leave ........................................................................11

8. Bereavement Leave and Other Leaves ....................................................................................12

8.1 Bereavement Leave .......................................................................................................................12

8.2 Other Leaves..................................................................................................................................12 Item #7.3.

Salary and Benefits – Executive Management Page 2

9. Holidays .................................................................................................................................13

10. Severance...............................................................................................................................13 Appendix A – Executive Management Wage Scale ..................................................................15

1. Covered Positions
This Salary and Benefits Resolution for Executive Management positions covers the following classifications:
• Administrative Services Director
• Assistant City Manager
• Fire Chief
• Parks & Recreation Director
• Planning & Building Director
• Police Chief
• Public Works Director/City Engineer
Employees in a temporary position are excluded.

2. Salaries

2.1 Salary Ranges
Salary ranges and effective dates for Covered Positions are listed in Appendix A.

2.2 Pay Dates
Employees are paid semi-monthly, with pay on approximately the 15th of each month for hours worked from the first through the fifteenth of that same month and paid on approximately the last day of each month for hours worked from the sixteenth through the last day of that same month.

In the event the City moves to biweekly pay periods, the City may mitigate the effects of this pay date move with a one-time advance of one thousand five hundred dollars ($1,500), to be paid back to the City in equal installments over the second, third and fourth paycheck following implementation of biweekly pay periods.

2.3 Pay for New or Rehired Employees
The City Manager may appoint a new employee in a Covered Position at any salary amount from the minimum amount to the maximum amount of the employee’s classification.

2.4 Pay Upon Promotion
An employee promoted to a Covered Position may receive any salary amount from the minimum amount to the maximum amount of the employee’s promoted classification; however, the employee shall receive at least a five percent (5%) increase over his/her current Item #7.3.

Salary and Benefits – Executive Management Page 3
(pre-promotion) classification but not exceeding the maximum amount of the promoted classification.

2.5 Pay Upon Demotion
An employee demoted to a Covered Position shall receive a pay reduction of five percent (5%) over his/her current (pre-demotion) classification but not less than the minimum nor exceeding the maximum of the demoted classification.

2.6 Pay Upon Reclassification
A. If the position is reclassified to a classification with the same salary range, the salary and merit increase eligibility date will not change.

B. If the position is reclassified to a classification with a higher salary range, the reclassification will be considered to be a promotion.

C. If the position is reclassified to a classification with a lower salary range, the reclassification will be considered to be a demotion.

2.7 Merit Increases
Advancement within the salary range is not automatic for merely completing a specific period of service, but rather based on merit as documented on a performance evaluation form, with said performance evaluation form in a manner prescribed by the City Manager.

If a performance evaluation is not submitted within fifteen (15) months following the employee’s last merit increase, then performance is deemed to be satisfactory, and the employee will receive a five percent (5%) merit increase effective beginning of the pay period closest to the prior merit increase received twelve (12) months earlier1.

A Covered Position shall be considered for a merit increases at least annually; however, the City Manager may grant a merit increase more frequently than annually.

No predetermined percentage or dollar value is assigned to a merit increase; a merit increase shall exceed the maximum pay of the employee’s classification.

2.8 Service Longevity Pay
An employee in a Covered Position receives a one-time Service Longevity Pay calculated on the employee’s annualized base pay for completion of a specific number of years of service with the City according to the following schedule:

Completion of “x” years of Calistoga Service Percentage of Annualized Base Pay 5 years 1.5%
10 years 2.0%
15 years 2.0%
20 years 2.5%
25 year, and each 5 years thereafter 2.5%
1 Said more plainly, if a performance evaluation is not conducted or is more than three months “late”, then the employee’s performance is deemed satisfactory and the employee receives a timely (retro) merit increase on that yearly merit increase consideration date.

Item #7.3.

Salary and Benefits – Executive Management Page 4
Service Longevity Pay shall be paid by the City to the employee on the paycheck closest to the hire date anniversary with the City. If the employee has left City service and later returns to City service, then the most recent hire date is used in determining the appropriate payment schedule although all years of service are considered in determining the percentage to be paid.

2.9 Working Out of Class
An employee in a Covered Position working in an out-of-class assignment for more than three (3) consecutive days receives an increase of ten percent (10%) within the employee’s current salary range. Benefits of the higher classification are not available, and the employee will continue to receive the benefits of the employee’s assigned (i.e., not working out of class) classification.

3. Benefits

3.1 Medical Benefits
Employees in a Covered Position are members of the Public Employees Medical and Hospital Care Act (“PEMHCA” or “PERS Health”) insurance program. The City’s monthly contribution to provide health insurance benefits for the individual employee and the employee’s eligible dependents shall be the minimum payment required by the PEMHCA.

3.2 Flexible Benefits Plan
Employees in a Covered Position may participate in the flexible benefits plan. The City offers an Internal Revenue Code Section 125 Plan, which contains the components of premium conversion, health care reimbursement account, and dependent care reimbursement account.

A. The City’s contributes the below-listed amounts per month toward each employee’s Section 125 Plan components:

1. 100% of the Dental Plan monthly premium amount, less the 10% employee contribution, paid through a payroll deduction.

2. 100% of the Medical Plan monthly premium amount for any eligible PEMHA plan, less the minimum premium payment required by CalPERS (see Section 5, Medical Benefits) and less the 10% employee contribution, paid through a payroll deduction.

3. 100% of the Vision Plan monthly premium amount, less the 10% employee contribution amount, paid through a payroll deduction.

B. An employee may use any and all City contributions to the Section 125 Plan toward the cost of employer provided PEMHCA medical insurance and dental insurance for the employee and eligible dependents. An employee may not use funds for other reasons.

3.3 Share the Savings / Alternate Health Insurance
An employee in a Covered Position who waives health insurance because the employee demonstrates to the City that he/she has alternate health insurance coverage shall receive three hundred dollars ($300) per month. Annually, the employee who participates in this Share the Savings program will need to recertify eligibility by documenting to the City the employee’s Item #7.3.

Salary and Benefits – Executive Management Page 5
alternate health insurance coverage. Effective with payments beginning in January 2023, the Share the Savings amount shall increase from three hundred dollars ($300) to four hundred dollars ($400) per month.

3.4 Supplemental Retiree Health Insurance Reimbursement A. Eligibility

1. The City offers a Supplemental Retiree Health Insurance Reimbursement for eligible unrepresented employees of:
• Administrative Services Director
• Fire Chief
• Planning and Building Director
• Police Chief
• Public Works Director/City Engineer

2. An eligible employee must have a minimum of ten (10) years of continuous service with the City and has been continuous employed since April 21, 2015 or earlier.

B. Benefit

1. The City’s reimbursement is calculated at the rate of three percent (3%) per City service years to a rate of three and one-half percent (3.5%) per City service years after twenty years of continuous City service.

Years of Continuous
Service with City
Total Percent of Combined Required
CalPERS Retiree Contribution and
City Supplemental Reimbursement
for Single Kaiser Premium for 3% per
year
Total Percent of Combined Required
CalPERS Retiree Contribution and
City Supplemental Reimbursement
for Single Kaiser Premium for 3.5%
per year
10 30.0%
11 33.0%
12 36.0%
13 39.0%
14 42.0%
15 45.0%
16 48.0%
17 51.0%
18 54.0%
19 57.0%
20 70.0%
21 73.5%
22 77.0%
23 80.5%
24 84.0%
25 87.5%
26 91.0%
27 94.5%
28 98.0%
29 100%
30 and greater 100%

2. Retirees must be eligible for CalPERS Retiree Medical Coverage and required City retiree premium payment. This means that the retiree must retiree from the City of Calistoga, be vested in CalPERS, and continue participation in CalPERS PEMHCA within one hundred twenty (120) days of retirement.

Item #7.3.

Salary and Benefits – Executive Management Page 6

3. Supplemental Retiree Health Insurance Reimbursement amount based on difference of the required CalPERS Retiree premium payment as a percentage to the Kaiser single premium (of the plan offered within Napa County) and the percentage in the table above based on years of continuous City service at time of retirement.

In no event will the combined CalPERS premium payment and City Supplemental Reimbursement be greater than 100% of the Kaiser single premium (of the plan offered within Napa County).

4. Continuous City employment means from initial hire date to date of retirement. If the retiree left City employment and then returned, the subsequent date of hire will begin a new period of employment for the determination of continuous City employment. This would not include statutory leaves for military, industrial disability, extended sick of Family Medical.

5. Supplemental payments will continue as long as the retiree in participating in CalPERS PEMHCA to when eligible for Medicare coverage.

6. Eligibility for the Supplemental Retiree Health Insurance Reimbursement will be authorized by the City Manager upon notification that the retiree is continuing to participate in the CalPERS PEMHCA.

7. Supplemental Retiree Health Insurance Reimbursement will be made on a monthly basis, in arrears, as a direct deposit or check to the retiree based on information provided by CalPERS on retiree participation in CalPERS PEMHCA.

3.5 Dental Insurance
An employee in a Covered Position is eligible for dental insurance coverage for the employee and eligible dependents beginning the first of the monthly following appointment with the City.

3.6 Vision Insurance
An employee in a Covered Position is eligible for vision insurance coverage for the employee and eligible dependents beginning the first of the month following appointment with the City.

3.7 Life Insurance
An employee in a Covered Position is eligible for life/accidental death and dismemberment insurance coverage for the employee beginning the first of the month following appointment with the City. The City pays 100% of the monthly premium for the life insurance. The life insurance policy is valued at 1x the employee’s annual salary.

The City may offer supplemental life insurance policies, at the employee’s cost, for additional life insurance coverage for the employee and/or the employee’s eligible dependents.

3.8 Disability Insurance
An employee in a Covered Position is eligible for disability insurance for the employee beginning the first of the month following appointment with the City. The City pays 100% of the monthly premium for the disability insurance. The policy provides a benefit equal to 66-2/3% of the Item #7.3.

Salary and Benefits – Executive Management Page 7
employee’s first $1,500 of salary, less deductible income, if the employee is unable to work due to injury/illness lasting seven (7) days or longer.

3.9 CalPERS Retirement
A. Employees Hired Before May 1, 2012
For employees hired before May 1, 2012 only, the City shall provide employees with retirement coverage through the Public Employees’ Retirement System (PERS) including the following:
• Government Code §20965, Sick Leave Service Credit, and • Either:
o Government Code §21354.4 – 2.5% @ 55 formula for PERS “miscellaneous” members (i.e., non-safety employees), or
o Government Code §21354.3 – 3% @ 55 formula for PERS fire safety members, or
o Government Code §21354.3 – 3% @ 55 formula for PERS police safety members B. Employees Hired on or after May 1, 2012 and Before January 1, 2013, or Employees who qualify for PERS Reciprocity
For employees hired on or after May 1, 2012 and before January 1, 2013, as well as for employees who qualify for pension reciprocity pursuant to Government Code §7522.02(c) and any related reciprocity requirements established by PERS, the City shall provide retirement coverage of:
• Government Code §20965, Sick Leave Service Credit, and • Either:
o Government Code §21353 – 2% @ 60 formula for PERS “miscellaneous” members (i.e., non-safety employees),or
o Government Code §21369 – 2% @ 55 formula for PERS fire safety members, or o Government Code §21369 – 2% @ 55 formula for PERS police safety members C. Employees Hired on or After January 1, 2013
For employees hired on or after January 1, 2013 who do not qualify for pension reciprocity pursuant to Government Code §7522.02(c) and any related reciprocity requirements established by PERS, the City shall provide retirement coverage of:
• Government Code §20965, Sick Leave Service Credit, and • Either:
o Government Code §7522.20 – 2% @ 62 formula for PERS “miscellaneous” members (i.e., non-safety employees), or
o Government Code §755.25 – 2% @ 57 formula for PERS fire safety members, or o Government Code §755.25 – 2% @ 57 formula for PERS police safety members D. Employee Contributions
All employees shall pay the full employee’s share of PERS employee contribution as determined by PERS; the City shall not pick up any portion of the required employee contribution.

Item #7.3.

Salary and Benefits – Executive Management Page 8

3.10 Deferred Compensation – 457 Plan
An employee in a Covered Position may make a voluntary payroll deduction into the Internal Revenue Code 457 deferred compensation plan, subject to the contribution limits established by the Internal Revenue Service.

3.11 Deferred Compensation – 401(a) Plan
A fire safety employee and a police safety employee in a Covered Position who is a PEPRA tier participant in the City’s CalPERS Retirement Plan receives a five percent (5%) of pre-tax base salary contribution to the Calistoga 401(a) Money Purchase Plan account, up to the annual limit under IRC §415(c), which is equal to the lesser of (i) one hundred percent (100%) of each said PEPRA employee’s IRC 415 compensation or (ii) the dollar limit in effect for the year.

These contribution limits are inclusive of the contributions of City, which also includes any other 401(a) accounts said PEPRA employees hold with the City or any other entities related to the City that meets the controlled group rules under IRC §414(b), the common control rules under IRC §414(c), or the affiliated service group rules under IRC §414(m) as set forth in the Internal Revenue Code.

Because the City’s contribution is derived from base salary, the City’s dollar contribution 401(a) Money Purchase Plan account shall increase with any increase to the employee’s base salary, subject to the contribution limits set forth above.

In no event will the City contribution exceed five percent (5%) of the employee’s pre-tax base salary.

No employee contribution is permitted to the employee’s Calistoga 401(a) Money Purchase Plan account.

3.12 Social Security and Medicare
Each employee in a Covered Position has coverage under Federal Social Security in accordance with the provisions of law. The system requires contributions by both the employee and City in accordance with schedules provided by the federal government.

Each employee in a Covered Position has coverage under Medicare in accordance with the provisions of law. The system requires contributions by both the employee and City in accordance with schedules provided by the federal government.

3.13 Uniform Allowance
The City Manager is authorized to provide the Fire Chief with uniforms, uniform cleaning and replacement, and/or a uniform allowance in the same manner as the City provides uniforms, uniform cleaning and replacement to fire safety employees represented by the California Professional Firefighters’ Association.

The City Manager is authorized to provide the Police Chief with uniforms, uniform cleaning and replacement, and/or a uniform allowance in the same manner as the City provides uniforms, uniform cleaning and replacement to police safety employees represented by the California Police Officers’ Association.

Item #7.3.

Salary and Benefits – Executive Management Page 9

4. Incentives and Differentials

4.1 Bilingual Pay
Each employee in a Covered Position who qualified shall receive five percent (5%) of base salary as bilingual differential at the discretion of the City Manager. Generally, bilingual skills should be relevant to the provision of City services in the City of Calistoga. An employee shall be deemed qualified who is determined by the City to be fluent in an appropriate language as determined by the City Manager.

4.2 Automobile Allowance
Each employee in a Covered Position receives an automobile allowance of one hundred fifty dollars ($150) per month. Effective January 1, 2023, the automobile allowance is increased from one hundred dollars ($150) to two hundred dollars ($200) per month. Effective beginning of the pay period which includes January 1, 2024, the automobile allowance is increased from two hundred dollars ($200) per month to two hundred fifty dollars ($250) per month. The City Manager may authorize, in lieu of the automobile allowance, the employee use of a City vehicle.

Employees who receive an automobile allowance shall not be otherwise eligible for reimbursement of vehicle expenses, except for work-related trips exceeding one hundred (100) miles round trip.

4.3 Technology Allowance
Each employee in a Covered Position receives two hundred dollars ($200) per month technology allowance for use of the employee’s personal internet, laptop and cellphone services to conduct City business.

4.4 Educational Reimbursement
An employee in a Covered Position is eligible to receive up to one thousand dollars ($1,000) per fiscal year for reimbursement of expenditures on tuition, books, travel and any other costs associated with the employee’s successful completion of any professional or educational program approved by the City Manager. This benefit is funded at the maximum “pooled” total of five thousand dollars ($5,000) per fiscal year and is available beyond employees in a Covered Position (see other employees’ collective bargaining agreements and/or other salary/benefit documents for other employees’ eligibility for pooled dollars) on a first-come, first-served basis.

Once the total annual benefit amount is reached, the benefit is no longer available to any employee until the next fiscal year.

5. Vacation
A. The City believes that its employees and the City benefit when employees have scheduled time away from work for relaxation and recreation. In order to provide for such absence without concern for continuation of pay, the City has adopted the following paid vacation leave plan for employees in Covered Position:

Years of City Service Hours per Year Maximum Accrued Hours 1 through 3 80 hours 240 hours
4 through 6 120 hours 360 hours
7 or more 160 hours 480 hours
Item #7.3.

Salary and Benefits – Executive Management Page 10
The City Manager may place an employee in a Covered Position on the vacation accrual schedule based on the employee’s total years of public service experience.

An employee shall not accrue vacation once the accrued vacation hours have been reached (i.e., three times the annual accrual rate). An employee who had exceed the maximum begins to accrue vacation when the employee’s balance is reduced below his/her maximum.

Vacation leave shall be taken with the City Manager’s approval.

Vacation shall not include any official City holidays when occurring during the scheduled vacation period.

Upon employment separation from the City, an employee receives pay for his/her current vacation leave balance at the employee’s equivalent hour rate of base pay.

B. Prior to the beginning of next calendar year, an employee wishing to cash out up to eighty (80) hours of vacation accruals may make such a request before the end of the current calendar year. The election is irrevocable. Payment will be made upon the employee’s request, before December 31 of the next calendar year, but no sooner than at the time the employee has accrued the number of vacation hours requested to be cashed out.

6. Sick Leave
A. The City provides a sick leave program for the purpose of minimizing the economic hardships that may result from unexpected personal or dependent illness or injury. It is not intended for incidents of minor discomfort.

B. Accrual. Sick leave shall be accrued at the rate of eight (8) hours for each calendar month of service.

C. Use. Sick leave may be used for personal illness or injury, emergency, or routine medical or dental appointments, and for reasonable travel time to and from health care facilities.

D. Family Care. Up to twenty-four (24) hours of sick leave may be used per calendar year to care for members of the Employee’s immediate family who are ill or injured. Immediate family means: parent, step-parent, and any other family member living in the same household as the Employee.

E. Personal Leave. Employees have the option of taking a maximum of up to three (3) days sick leave each year as personal leave days. An Employee may take personal leave if the Employee has a current sick leave balance that is at least equal to the number of personal leave days the Employee opts to take. Employees are required to obtain approval from the City Manager prior to taking personal leave.

F. Buy-Out. On completion of the fifth (5th) year of service, based on the anniversary date of initial hire, City may purchase from each Employee covered hereunder all but fifteen (15) of the accumulated sick leave days for non-safety Employees and twenty (20) of the accumulated sick leave days for safety Employees, at the rate of twenty-five percent (25%) of the covered Employee’s then existing wage. At each Employees’ option, said buy-out may Item #7.3.

Salary and Benefits – Executive Management Page 11
occur earlier than set forth hereinabove, so long as the buy-out occurs on or about the anniversary date of initial hire and there remains a minimum sick leave bank of fifteen (15) accumulated days. Employees who are absent without pay for any reason for more than ten (10) working days during a calendar month shall not accumulate sick leave for that month. If an Employee’s employment is terminated for any reason, there will be deducted from the final check the amount of sick leave taken during employment with City in excess of the amount accrued.

G. Upon Employment Separation. An employee in a Covered Position shall have twenty-five percent (25%) of his/her accrued sick leave paid out to the employee, based on the employee’s equivalent hourly rate of base pay, upon employment separation.

7. Executive Management Administrative Leave
A. In recognition that their responsibilities occasionally require work in excess of the normal forty (40) hour work week, FLSA-exempt employees receive an Administrative Leave benefit.

This is in lieu of any payment or compensatory time off for work performed in excess of forty (40) hours per week.

B. Eighty (80) hours of Administrative Leave shall be granted annually to an employee in a Covered Position effective January 1 of each calendar year.

A new employee receives a pro-rata lump sum number of Administrative Leave hours based on the number of full pay periods remaining in the calendar year.

An employee who works less than full-time receives Administrative Leave on a pro rata basis.

An employee who promotes into a Covered Position and has unused accrued compensatory time off will be paid off for all accrued compensatory time off (CTO) hours based on the equivalent hourly rate of pay of the classification last held. A management employee who receives Administrative Leave and who is promoted into a Covered Position receives the full calendar year allotment of Executive Management Administrative Leave less the nonExecutive Management Administrative Leave the employee already received for that calendar year.

C. Subject to advance approval by the City Manager, Administrative Leave may be taken at any time during the calendar year and must be taken within the calendar year in which it is given.

D. No employee shall carry over Administrative Leave from one calendar year to another.

E. An employee in a Covered Position who has unused Administrative Leave at the end of the calendar year shall have his/her unused Administrative Leave paid out to the employee, based on the employee’s equivalent hourly rate of base pay, with such payment made during January of the subsequent calendar year.

Item #7.3.

Salary and Benefits – Executive Management Page 12
F. An Executive Management employee who leaves City employment and who has unused Administrative Leave shall be paid out said unused Administrative Leave at the employee’s equivalent hourly rate of base pay upon employment separation.

8. Bereavement Leave and Other Leaves

8.1 Bereavement Leave
Employees may have three (3) work days leave of absence for each death in their immediate family for the purpose of bereavement and for the arranging of, and attendance at, the funeral.

Immediate family means:
• Father
• Mother
• Father in-law
• Mother in-law
• Stepparent where there is a child rearing
relationship
• Grandparent
• Brother
• Sister
• Brother in-law
• Sister in-law
• Spouse
• Domestic partner
• Child
• Employee is a parent in a child rearing
relationship
• Stepchild where there is a child rearing
relationship
• Grandchild
If an Employee must attend a funeral more than five hundred (500) miles from the City, or if the death is to a member of the Employee’s extended family, then the Employee has the option to use up to three (3) days of sick leave from his/her current sick leave balance in addition to any leave provided above.

The Employee may be required to submit proof of the relative’s death before final approval of leave with pay is granted.

8.2 Other Leaves
Consult the City’s Personnel Rules for leaves that apply to employees in Covered Positions:
• Jury Duty
• Witness Duty
• Maternity Leave
• Unpaid Leave of Absence
• Military Leave
• Medical Leave – Non-Occupational
• Medical Leave – Work-Related
• Time Off to Vote
//
//
//
Item #7.3.

Salary and Benefits – Executive Management Page 13

9. Holidays
A. The City recognizes the following days as official City holidays and employees in a Covered Position normally scheduled to work on these days will be given the day off with pay:
• New Year’s Day January 1
• Martin Luther King Jr. Birthday 3rd Monday in January • Presidents’ Day 3rd Monday in February
• Memorial Day Last Monday in May
• Juneteenth June 19
• Independence Day July 4
• Labor Day 1st Monday in September
• Veterans’ Day November 11
• Thanksgiving Day 4th Thursday in November
• Day after Thanksgiving
• Christmas Eve December 24
• Christmas Day December 25
B. If one of the holidays listed above falls on a Sunday, then it shall be observed on the following Monday. If one of the holidays listed above falls on a Saturday, then it shall be observed on the previous Friday.

C. When a day is proclaimed by the Mayor of the City for a day of mourning, or holiday, then each employee in a Covered Position is granted time off with pay from his/her scheduled hours.

D. An employee in a Covered Position receives two (2) floating holidays (total 16 hours) per calendar year, which may be taken at a time mutually agreeable to the employee and the City Manager. Unused floating holiday time is not carried over into the following calendar year. Employees hired between May 1 and August 31 are credited with twelve (12) hours of floating holiday time for that calendar year, and employees hired between September 1 and December 31 are credited with eight (8) hours of floating holiday. Unused floating holiday hours have no cash value upon an employee’s separation from City employment.

10. Severance
A. An employee in a Covered Position does not serve a probationary period, is designed as atwill, serves at the discretion of the City Manager, and may be terminated at any time by the City Manager.

B. If an employee in a Covered Position is terminated without cause, or if the City Manager requests the employee to resign for reasons other than with cause, then the City will provide a severance payment equal to four (4) months of the employee’s base salary. This severance shall be paid in a lump sum or the employee may defer receipt of the lump sum payment until January 15th of the following calendar year. No other sums are due to the employee, except those specifically identified in this document (e.g., payout of vacation, sick leave and administrative leave).

Item #7.3.

Salary and Benefits – Executive Management Page 14
C. No severance is due to the employee a) if the employee completed less than one year of continuous City service in a Covered Position; b) if the employee is terminated with cause; c) upon the employee’s death, or d) if the employee is incapable of carrying out his/her duties due to injury or illness (physical or mental) resulting in employment separation.

D. Pursuant to Government Code §53243 et seq., if employee is convicted of a crime involving an abuse of his/her office or position, all of the following shall apply upon final conviction:
(1) if employee is provided with administrative leave pay pending an investigation, employee shall be required to fully reimburse such amounts paid; (2) if the City, in its discretion, pays for the criminal legal defense of employee, employee shall be required to fully reimburse such amounts paid; and (3) if employee is provided with any severance pay and/or settlement pay, employee shall be required to reimburse such pay. For purposes of this paragraph, “abuse of office or position” shall be defined under California Government Code §53243.4.

Item #7.3.

Salary and Benefits – Executive Management Page 15
Appendix A
Executive Management Wage Scale

1. Effective January 1, 2023, the base wages of the following classifications shall be adjusted to:

Classification Monthly-1 Monthly-2 Monthly-3 Monthly-4 Monthly-5 FLSA Administrative Services Director $15,189 $18,462 Exempt Assistant City Manager $16,357 $19,882 Exempt
Fire Chief $16,357 $19,882 Exempt
Parks & Recreation Director $15,189 $18,462 Exempt
Planning & Building Director $15,189 $18,462 Exempt
Police Chief $16,357 $19,882 Exempt
Public Works Director/City Engineer $15,189 $18,462 Exempt

2. Effective January 1, 2023, the Executive Management classifications listed above shall receive a lump sum payment of one thousand dollars ($1,000). The City intends that the lump sum payment is not subject to CalPERS reporting of benefits. A part-time employee shall receive a pro-rata amount based on the employee’s full-time equivalence. Temporary employees do not qualify for any lump sum payment.

3. Effective January 1, 2023, the Fire Chief shall receive a lump sum payment of five thousand dollars ($5,000).

4. Effective the beginning of the pay period which includes January 1, 2024, the base wages set forth in this Appendix A, paragraph 1, above, shall be increased by the San Francisco-OaklandHayward Consumer Price Index, all urban consumers (CPI-U) for the October 2023 twelve-month increase with such wage increase to be a minimum of two percent (2%) and a maximum of four percent (4%).

5. Effective the beginning of the pay period which includes January 1, 2025, the base wages set forth in this Appendix A, paragraph 4, above, shall be increased by the San Francisco-OaklandHayward Consumer Price Index, all urban consumers (CPI-U) for the October 2024 twelve-month increase with such wage increase to be a minimum of two percent (2%) and a maximum of four percent (4%).

6. The hourly rate is calculated by multiplying the monthly pay rate by twelve (12) months and dividing that value by two thousand eighty (2,080) hours.

Item #7.3.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Marni Rittburg, City Clerk
Meeting: City Council - Dec 06 2022
Subject: Appointments to City Commissions and Committees.

DESCRIPTION:

Consider adopting a Resolution confirming the Mayor's Appointments to the Active Transportation Advisory Committee, Green Committee, Housing Advisory Committee, and the Planning Commission.

RECOMMENDATION:

Consider the recommendations and adopt the Resolution.

BACKGROUND/SUMMARY:

Pursuant to Government Code § 40605 the Mayor, with the approval of the City Council, shall make all appointments to local boards, commissions, and committees. The current openings include two (2) members on the Active Transportation Advisory Committee, three (3) members on the Green Committee, three (3) members on the Housing Advisory Committee and two (2) members on the Planning Commission. The vacancies were advertised on the City’s website, the local adjudicated newspaper and posted in the display cases around town per the “Maddy Act.” The following applications were submitted for the two (2) openings for two-year terms on the Active Transportation Advisory Committee:

Edward Kozel (Incumbent)
Ivan Miller (Incumbent)
The following applications were submitted for the three (3) for two-year terms on the City’s Green Committee:

Jenna Franquelin
John Gleazer (Incumbent)
Antoinette Mailliard (Incumbent)
Kate Stanley (Incumbent)
The following applications were submitted for the three (3) openings for two-year terms on the Housing Advisory Committee:

Steven Pinsky (Incumbent)
Laurel Rios (Incumbent)
David Shaw (Incumbent)
Item #7.4.

The following applications were submitted for the two (2) openings for two-year terms on the City’s Planning Commission:

Kelly Oliver
Michael Vaughn (Incumbent)
The attached Resolution confirms the Mayors selections for appointments to the above City Committees and Commissions.

CEQA STATUS:

This item is exempt.

FINANCIAL IMPACT:

None
ATTACHMENT(S):

Reso - Appointments to City Commissions ATAC, Green, Housing & Planning Commission ATAC Applications 10.2022 - Redacted
Green Comm. Applicaitons 10.2022 - Redacted
Housing Adv. Comm. Applications 10.2022 - Redacted
Planning Comm. Applicaitons 10.2022 - Redacted
APPROVAL(S):

Laura Snideman, City Manager Approved - Nov 29 2022
Marni Rittburg, City Clerk Approved - Nov 29 2022
Item #7.4.

RESOLUTION NO. 2022-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF NAPA, STATE OF CALIFORNIA, CONFIRMING THE MAYOR’S

APPOINTMENTS TO THE ACTIVE TRANSPORTATION ADVISORY COMMITTEE,

GREEN COMMITTEE, HOUSING ADVISORY COMMITTEE AND THE PLANNING

COMMISSION
WHEREAS, California Government Code Section 65300 states that the Mayor, with the approval of the City Council, shall make all appointments to boards, commissions, and committees; and
WHEREAS, the State of California has adopted the “Maddy Appointive List Act”, which requires the preparation of a list of all regular and ongoing commissions and committees appointed by the local legislative body. The Act also requires public notice to be given anytime a vacancy occurs on any of these ongoing bodies; and WHEREAS, the City Council wishes to utilize the largely untapped reservoir of talent which exists among the citizenry that all too frequently is not aware of the opportunities for participation on local regulatory and advisory boards and commissions; and
WHEREAS, pursuant to State Legislation the City Council of the City of Calistoga is required to appoint representatives for the Planning Commission.

NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Calistoga hereby confirms the Mayor’s appointment of the following two (2) individuals to two-year terms on the Active Transportation Advisory Committee expiring December 31, 2024:

Edward Kozel (Incumbent)
Ivan Miller (Incumbent)
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Calistoga hereby confirms the Mayor’s appointment of the following three (3) individuals to two-year terms on the Green Committee expiring December 31, 2024:

John Gleazer (Incumbent)
Antoinette Mailliard (Incumbent)
Kate Stanley (Incumbent)
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Calistoga hereby confirms the Mayor’s appointment of the following three (3) individuals to two-year terms on the Housing Advisory Committee expiring December 31, 2024:

Steven Pinsky (Incumbent)
Laurel Rios (Incumbent)
David Shaw (Incumbent)
Item #7.4.

Resolution No. 2022-XXX

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Calistoga hereby confirms the Mayor’s appointments of the following two (2) individuals to two-year terms on the Planning Commission expiring December 31, 2024:

Kelly Oliver
Michael Vaughn (Incumbent)
PASSED, APPROVED AND ADOPTED this 6
th day of December 2022. I,

MARNI RITTBURG, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
__________________________ __________________________
Marni Rittburg, CMC, City Clerk Chris Canning, Mayor
Item #7.4.

CITY of CALISTOGA

BOARDS A N D COMMISSIO N S APPLICATIO N
Citizens are encouraged to serve on the various City comm1ss1ons. Applications will be reviewed and interviews may be scheduled with the City Council. Commission appointments are made at a regular meeting of the City Council. Please print or type clearly.

Application for
(2:1 City Active Transportation Advisory
Committee D City Building Standards Advisory and
Appeals Board D Calistoga Green Committee D City Planning Commission D City Housing Advisory Committee Napa County Active Transportation Committee
Napa County Local Food Advisory Council
Napa County Measure A Financial Oversight Committee
Napa County Mosquito Abatement Board
Napa County Library Commission
Other Committees ___________ _
Name: -----K-D;....;z:: =-=£.='-=-------'k- =!2.....,W'--->.Lfr....;....:R~J>..._ ______ ..;..,; R,,.,_ __ _ Last First M.1.

Telephone:

Business Facsimile
E-mail Address:

Physical Address of Residence:

Mailing Address: _ ______ , _, __________ _ ________ ____ _ Business Address: _____ __________________ _______ _
Occupation: fe-ck-oa~o j .., Gos" l+o.."~ \
Are you a resident of the City of Calistoga? Yes~ No D Years of residency: _ _ ![..__ _ _ _ If not, do you reside within the Calistoga Joint Unified School District? YesO No D Education and/or related background: __,13- S..__eL,;'==-- - ----------------- Licenses or special certificates held:

Item #7.4.

/' ~~j",
City or.C~1i~oga Boards & Commissions Application

Organizations to which you belong (professional, technical, community, services): ______ _ IICt<lh :::i»•.,..._ -~ 3> i ,....._"h.rt , ? c-~-..-,,, Cc.-..~:r ~!!r'Cf. •l: 1>ire. -,..," I State specifically why you wish to serve, why you believe you are qualified for the position, and what you might contribute to the group:
(Use additional paper, if necessary)
References 0nclude name and daytime phone number: ( 1) C"'9 s C,, NO i "'4' (2) w,e,.,;--. s;., sc,,. .,., ..
•
List any other committees/commissions on which you have or currently serve, and the year(s) of service:

I am willing to share my personal email address an~one nlJ'Tlber with the .public during my appointment on a Commission, Committee or Board? Yes~ No LJ · ·
DISCLOSURE AND REGULATORY REQUl~EMENTS
Upon appointment, designated members will be required to file an Assuming Office Statement of Economic Interests (Form 700) within 30 days of being sworn in. Covered officials will be required to take two hours of AB 1234 Ethics Training every two years. This application will become a public record and will be available for public Inspection or duplication upon request In accordance with the Pub.lie Records Act.

I have read, understand, and will abide by this statement (please initial) A k" ...

I have sufficient time to devote to this responsibility and plan· to attend the required meetings if I am appointed to fill a vacancy and I acknowledge that I have read and understand the disclosure and regulatory requirements.

2. \ o ci- 2P +:l.

D~te
Completed application should be returned to:

City of Calistoga
City Clerk
1232 Washington Street
Calistoga, CA 94515
For questions, please call the City Clerk at (707) 942-2807 Item #7.4.

RECEIVED
Otl l O 2022 CITY of CALISTOGA
CITV CLeAK

BOARDS AND COMMISSIONS APPLICATION
Citizens are encouraged to serve on the various City commissions. Applications will be reviewed and interviews may be sched~led with the City Council. Commission appointments are made at a regular meeting of the City Council. Please print or type ciear1y.

Application for:
r..8] City Active Transportation Advisory
Committee-
□ City Building Standards Advisory a r,::j
Appeals Board D Calistoga Green Committee
E3 City Planning Commission
City Housing Advisory Cornmittef?l
Napa County Active Transportation Committee
Napa. County Local Food Advisory Council
Napa County Measure A Financial Oversight Committee
Napa County Mosquito Abatement Board
, Napa County Library Commission
'·- · Of.h<;r Committees
i '--· · ----------
Name:_.._f)1_1·_1!-e_v--,--___ )i_VA_JU _____ ✓ __ Last First M.I.

Telephone:

Home Business Facsimile
E-mail Address:

Physical Address of Residence:

Mailing Address: ___ ..;. .,5;_ec_ ff7_ e.. ____________________ _ Business Address: _________________________ _
Occupation: ---~____::._f_,_re_£ ___ 7_;_et_c._h...;;e;..._,..... _____________ _ _ Are you a resident of the City of Calistoga? Yes~ No D Years of residency: J-/-. 5 If not, do you reside within the Calistoga Joint Unified School District? YesD No D Education and/or related background: B ~ /f)~_?/l, e l7J Cl- /;(!, S (l /2 , <:o IYl II I/_(!. Dt vis , ,8 ; l(;z_ i /?wA.J / wd./ I-< 1 ;i 1.. lo c.e..Jh 7 I
Licenses or special certificates held: _
k ac/2aj (1,.,,, ika&.f...

Item #7.4.

City of Calistoga Boards & Commissions Application
Page2 of 2
Organizations to which you belong (professional, technical, community, services): ______ _ AIIR( ~ AL 1/.d&'-I /i/2 ~,/ Teade:C">" /:vo.L) & ale
J 7 )
State specifically why you wish to serve, why you believe you are qualified for the position, and what you might contribute to the group: ~
:Jirs:f- c t??z c-er-n.ef ~ yr:,-/4.,'1.,f er;,L 4V~~r-5/ L -v / L · J~
7 / ~ •_,,
0//f.-e r'/':Y;C7 ~ // ,.~,..s: / /J ,7'Z=',0)/7 ..
,V,z.,,, ;I- -,,f, h /2 ?'fie h.:0n a. cl. ;--e,q I p/c:rc..-€ ~ 1/ 6 I jL L7 r / / JA::::, • If 5 V-&'4 ,,..%' Ii 1///JG /4: r-e. f T (Use additional paper, if necessary)
References (include name and daytime phone number: (1} l>ll(ve //4 (2} ~r/-5 ~ I
List any other committees/commissions on which you have or currently serve, and the year(s) of service:
(7J;-:;/4o/«- h ~--d. &10/; ,;1c17- e~oT
/J / T , ...:... c_ ~'£,l ____ ,1-:5~ ~~ ..., _ ____. 4'---"':; ...... 2"""' d?=-7"--. __ 7ozc ~ ,- hu,nz / 9~ cJ - ,;;.o 1.5= I
I am willing to share my personal email address an~one number with the public during my appointment on a Commission, Committee or Board? Yes~ No LJ

DISCLOSURE AND REGULA TORY REQUIREMENTS
Upon app9intment, designated members will be required to file an Assuming Office Statement of Economic Interests (Form 7QO} within 30 days of being sworn in. Covered officials will be required to take two hours of AB 1234 Ethics Trtiining every two years. This application will become a public record and will be available for public inspection or duplication upon request in accordance with the Public Records Act.

I have read, understand, and will abide by this statement (please initial) ~ I have sufficient time to devote to this responsibility and plan to attend the required meetings if I am appointed to fill a vacanc and I acknowledge that I have read and understand the disdosure and regulatory uirement
Signature of Applicant Date
Completed application should be returned to:

City of Calistoga
City Clerk
1232 Washington Street
Calistoga, CA 94515
For questions, please call the City Clerk at (707) 942-2807 Item #7.4.

RECEIVED
OC T 2 0 ''022 CITY of CALISTOGA

CITY CLSRK

BOARDS AND COMMISSIONS APPLICATION
Citizens are encouraged to serve on the various City commissions. Applications will be reviewed and interviews may be scheduled with the City Council. Commission appointments are made at a regular meeting of the City Council. Please print or type clearly.

Application for:

D City Active Transportation Advisory
Committee D City Building Standards Advisory and
Appeals Board
✓ I Calistoga Green Committee D City Planning Commission D City Housing Advisory Committee Name: Franquelin' Jenna A.

Last
Telephone
Home
E-mail Address:

Mailing Address.

Napa County Active Transportation Committee
Napa County Local Food Advisory Council
Napa County Measure A Financial Oversight Committee
Napa County Mosquito Abatement Board
Napa County Library Commission
Other Committees. __________ _
First M.I.

Business Facsimile
Business Address: ______ ______________ ______ _
Occupation: Administrative Assistant
Are you a resident of the City of Calistoga? Yesl I No D Years of residency: 20-25 If not, do you reside within the Calistoga Joint Unified School District? YesD No D Education and/or related background: ____________________ _ Bachelor in Environmental Science and Ed., Cal Poly Humboldt Licenses or special certificates held:

CPR and First Aid, 2020
Item #7.4.

City of Calistoga Boards & Commissions Application

Organizations to which you belong (professional, technical, community, services): _D_M_F_S_C_, __ Napa CART, Wallis Family Estate
State specifically why you wish to serve, why you believe you are qualified for the position, and what you might contribute to the group:

With my environmental science background, lifetime residency in Calistoga, and passion for this community, I'll offer this committee new passion, ideas, positive and productive collaboration.
(Use additional paper, if necessary)
References (include name and daytime phone number: (1) Edward Wallis (
2 ) Gretchen de Limur
List any other committees/commissions on which you have or currently serve, and the year(s) of service:

DMFSC Steering Committee, 1 yr
I am willing to share my personal email address an~one number with the public during my appointment on a Commission, Committee or Board? Yesl I No LJ

DISCLOSURE AND REGULA TORY REQUIREMENTS
Upon appointment, designated members will be required to file an Assuming Office Statement of Economic Interests (Form 700) within 30 days of being sworn in. Covered officials will be required to take two hours of AB 1234 Ethics Training every two years. This application will become a public record and will be available for public inspection or duplication upon request in accordance with the Public Records Act.

I have read, understand, and will abide by this statement (please initial) J F I have sufficient time to devote to this responsibility and plan to attend the required meetings if I am appointed to fill a vacancy and I acknowledge that I have read and understand the disclosure and regulatory requirements.

Jenna A. Franquelin 10/20/2022
Signature of Applicant Date
Completed application should be returned to:

City of Calistoga
City Clerk
1232 Washington Street
Calistoga, CA 94515
For questions, please call the City Clerk at (707) 942-2807 Item #7.4.

RECEIVED
OC T 2 0 7.022 CITY of CALISTOGA

CITY CLERK

BOARDS AND COMMISSIONS APPLICATION
Citizens are encouraged to serve on the various City commissions. Applications will be reviewed and interviews may be scheduled with the City Council. Commission appointments are made at a regular meeting of the City Council. Please print or type clearly.

Application for:

D City Active Transportation Advisory
Committee D City Building Standards Advisory and
Appeals Board I ✓ I Calistoga Green Committee D City Planning Commission D City Housing Advisory Committee Name: G leazer
Last
Telephone
Home
E-mail Address:

Mailing Address:

Napa County Active Transportation Committee
Napa County Local Food Advisory Council
Napa County Measure A Financial Oversight Committee
Napa County Mosquito Abatement Board
Napa County Library Commission
Other Committees. _________ _
John
First M.I.

Business Facsimile
Calistoga
Calistoga, CA 94515
Business Address: ____ __ --=------------------------
Occupation: Retired Software Programmer
Are you a resident of the City of Calistoga? Yes!Z] No D Years of residency: ____ _ If not, do you reside within the Calistoga Joint Unified School District? YesD No D Education and/or related background: B.A. History, Cultural Anthropology graduate studies.

Licenses or special certificates held:

Item #7.4.

City of Calistoga Boards & Commissions Application

Organizations to which you belong (professional, technical, community, services}: _ _ ___ _ _ Sunrise Horse Rescue, St. Helena Community Band
State specifically why you wish to serve, why you believe you are qualified for the position, and what you might contribute to the group:
(see attached: "Attachment to Gleazer 2022 GC Application") (Use additional paper, if necessary}
References (include name and daytime phone number: (1} Donald Williams, (
2) Mary A. Taylor,
List any other committees/commissions on which you have or currently serve, and the year(s) of service:

Active Transportation Advisory Committee 2018-2019
Green Committee 2021 - 2022
I am willing to share my personal email address anµ;ione number with the public during my appointment on a Commission, Committee or Board? Yes I No LJ

DISCLOSURE AND REGULATORY REQUIREMENTS
Upon appointment, designated members will be required to file an Assuming Office Statement of Economic Interests (Form 700) within 30 days of being sworn in. Covered officials will be required to take two hours of AB 1234 Ethics Training every two years. This application will become a public record and will be available for public inspection or duplication upon request in accordance with the Public Records Act.

I have read, understand, and will abide by this statement (please initial)~ I have sufficient time to devote to this responsibility and plan to attend the required meetings if I am appointed to fill a vacancy and I acknowledge that I have read and understand the disclosure and regulatory requirements.
10/20/2022
Date
Completed application should be returned to:

City of Calistoga
City Clerk
1232 Washington Street
Calistoga, CA 94515
For questions, please call the City Clerk at (707) 942-2807 Item #7.4.

ATTACHMENT TO GLEAZER 2022 GC APPLICATION
RE: City of Calistoga, Application for City Green Committee State specifically why you wish to serve ....

Having completed one tenn on the Green Committee, I wish to continue to work with the Committee to advance the effort to minimize negative impacts on the environment and promote a positive social impact for our community. Credible environmental agencies and scientific organizations have made clear that we are facing a world-wide change in our climate likely to be detrimental to all of us and future generations if we do not act. No town is too small to do its part. No person, I believe, is exempt from the responsibility to act if they know their actions can help slow this crisis.

I served two years on the City's Active Transportation Committee because I believed that improving the City's infrastructure to promote safe, active activities, such as walking and bicycling, could benefit the overall health of our town's residents, including school age youth, and reduce dependence on the use of cars, major sources of pollution.

I continue to believe that our city has the potential to reduce our dependence on gasoline consuming vehicles and equipment and promote healthier lifestyles. We are fortunate to have an attractive town conducive to active mobility, and a reputation as a destination for relaxing and healthy activities with our spas, massage and mineral baths. A "greener" Calistoga can only enhance the value Calistoga has for its residents and visitors alike.

By serving on the Green Committee it will be my privilege to help promote a cleaner environment and enable the city to do its part, however small, in meeting the challenge of climate change.

John Gleazer
~
1 Item #7.4.

RECEIVED
OCT 2 0 2022
CITY CLERK CITY of CALISTOGA

BOARDS AND COMMISSIONS APPLICATION
Citizens are encouraged to serve on the various City commissions. Applications will be reviewed and interviews may be scheduled with the City Council. Commission appointments are made at a regular meeting of the City Council. Please print or type clearly.

Application for:

D City Active Transportation Advisory
Committee D City Building Standards Advisory and
Appeals Board I t/ I Calistoga Green Committee D City Planning Commission D City Housing Advisory Committee Name: Mailliard
Last
Telephone:

Home
E-mail Address:

Napa County Active Transportation Committee
Napa County Local Food Advisory Council
Napa County Measure A Financial Oversight Committee
Napa County Mosquito Abatement Board
Napa County Library Commission
Other Committees -----------
Antoinette
First M.I.

Business Facsimile
Calistoga, CA 94515
Mailing Address: ____________________________ _
Business Address: ____________________________ _
Occupation: _r_e_t_ir_e_d __________ ____________ _
Are you a resident of the City of Calistoga? Yes~ No D Years of residency: _2_2 ____ _ If not, do you reside within the Calistoga Joint Unified School District? YesO No D Ed t
. d/ 1 d b k d BA, MBA. Before retirement, -owner of a software development firm uca 10n an or re ate ac groun : _____________________ _ providing the online application that managed Adult Protective Services for most California Counties, including Napa County.

Licenses or special certificates held:

Item #7.4.

City of Calistoga Boards & Commissions Application

Organizations to which you belong (professional, tech.nical, community, services):

Secretary-Calistoga Pool Committee, Treasurer Calistoga Cares Food Bank, Chair-Calistoga Green Committee State specifically why you wish to seNe, why you believe you are qualified for the position, and what you might contribute to the group:

I have served as Chair of the Green Committee since it was reestablished in 2021. In that short time the GC has achieved City Council passage of 1.Dedaration of Climate Emergency Resolution, 2.Forrest and Woodlands Protection Resolution,

3.Gas Powered Leaf Blower Ban Ordinance, 4.New Gas Station Moritorium Ordinance. Currently the Foodware and Waste Reduction Ordinance is in the final stages of legal review and will be presented to Council soon. There is more to do. (Use additional paper, if necessary)
References (include name and daytime phone number: (1) Gary Kraus (
2) Diane Dillon
List any other committees/commissions on which you have or currently serve, and the year(s) of service:

Secretary Calistoga Pool Committee 2000-present, Treasurer Calistoga Cares Food Bank 2022-present (volunteer since 2020), Chair Calistoga Green Committee 2021-present I am willing to share my personal email address an~one number with the public during my appointment on a Commission, Committee or Board? Yes~ No LJ

DISCLOSURE AND REGULATORY REQUIREMENTS
Upon appointment, designated members will be required to file an Assuming Office Statement of Economic Interests (Form 700) within 30 days of being sworn in. Covered officials will be required to take two hours of AB 1234 Ethics Training every two years. This application will become a public record and will be available for public inspection or duplication upon request in accordance with the Public Records Act.

I have read, understand, and wiii abide by this statement (please initial) AM ~ I have sufficient time to devote to this responsibility and plan to attend the required meetings if I am appointed to fill a vacancy and I acknowledge that I have read and understand the disclosure and regulatory requirements.

Date
Completed application should be returned to:

City of Calistoga
City Clerk
1232 Washington Street
Calistoga, CA 94515
For questions, please call the City Clerk at (707) 942-2807 Item #7.4.

RECEIVED
oGr i D 7022 CITY of CALISTOGA

CITY CLSRK

BOARDS AND COMMISSIONS APPLICATION
Citizens are encouraged to serve on the various City commissions. Applications will be reviewed and interviews may be scheduled with the City Council. Commission appointments are made at a regular meeting of the City Council. Please print or type clearly.

Application for:

D City Active Transportation Advisory
Committee D City Building Standards Advisory and
ppeals Board
Calistoga Green Committee
City Planning Commission
City Housing Advisory Committee
Napa County Active Transportation Committee
Napa County Local Food Advisory Council
Napa County Measure A Financial Oversight Committee
Napa County Mosquito Abatement Board
Napa County Library Commission
Other Committees -----------
Name: _ S_'t•~__Vl_(~_j__.__ ____ ~_tq,_h_t:. _________ Vl_. __ Last First M.I.

Telephone: _________ _
Home Business Facsimile
E-mail Address:

Physical Address of Residence:

Mailing Address:._b=--Ri_Wl,t __;_..;:;.. e _______________________ _ Business Address: j(.~c <:;; 17t-Vl ( -e y D-z'<,,1 ~ V1 l Vl "'· f O. 7'6 2.. ~s tll ~ .c... ~ '-l 5 Is Occupation: I v1-h~v10 vs ·+ L-&t.i.---idc;c.€1 p< 'Ix~ f7 1/J~YAre you a resident of the City of Calistoga? Yes~ No D Years of residency: '2- 2..

If not, do you reside within the Calistoga Joint Unified School District? YesD No D Education and/or related background: ~~ n- " f vt,fv-V-{ e- I h f?-vv, vi~~ 4-t,t d t; c,ryio VVvi 'c.,; ; C v v v-< vi ~ W1 c n1 6--c v ~ f-9 V--e e Vt ( ~ 11v1 v1;t i if-c-e Licenses or special certificates held:
-
Item #7.4.

City of Calistoga Boards & Commissions Application

Organizations to which you belong (professional, technical, community, services): ______ _ f;tN ( fcc;t,· c i .-.f c A-c,fiOYi f'J·etwti v f:-)
State specifically why you wish to seNe, why you believe you are qualified for the position, and what you might contribute to the group:

I ,1 llv1 ~ +v\/ V"'~ t' Vi v) y ~ V)w VVI fvt. l,. yf- ~ f p V 'C' Cv01 ~tiiu ~ (Use additional paper, if necessary)
References (include name and daytime phone number: (1) Jeff M; rr/ttew,_, CrtytMA,J (2) o<; i e 1)vvi ~ ~ .rd J C~l,r< re c., i ;n n
List any other committees/commissions on which you have or currently serve, and the year(s) of s Cv v V-<"" t-1 y 6 lll ~-c. 67v-eevi (~ Wi fVl'r1tce
■
I am willing to share my personal email address an~ne number with the public during my appointment on a Commission, Committee or Board? YesO No.,es

DISCLOSURE AND REGULATORY REQUIREMENTS
Upon appointment, designated members will be required to file an Assuming Office Statement of Economic Interests (Form 700) within 30 days of being sworn in. Covered officials will be required to take two hours of AB 1234 Ethics Training every two years. This application will become a public record and will be available for public inspection or duplication upon request in accordance with the Public Records Act.

I have read, understand, and will abide by this statement (please initial) ~ S ----, I have sufficient time to devote to this responsibility and plan to attend the required meetings if I am appointed to fill a vacancy and I acknowledge that I have read and understand the disclosure and regulatory L7t)-o/;>€,y-- ~ -2v27-
Date
Completed application should be returned to:

City of Calistoga
City Clerk
1232 Washington Street
Calistoga, CA 94515
For questions, please call the City Clerk at (707) 942-2807 Item #7.4.

RECEIVED
ocr · 4 2022
CITY CLERK CITY of CALISTOGA

BOARDS AND COMMISSIONS APPLICATION
Citizens are encouraged to serve on the various City commIss1ons. Applications will be reviewed and interviews may be scheduled with the City Council. Commission appointments are made at a regular meeting of the City Council. Please print or type clearly.

Application for:

D City Active Transportation Advisory
Committee D City Building Standards Advisory and
Appeals Board D Calistoga Green Committee D City Planning Commission [{] City Housing Advisory Committee
Napa County Active Transportation Committee
Napa County Local Food Advisory Council
Napa County Measure A Financial Oversight Committee
Napa County Mosquito Abatement Board
Napa County Library Commission
Other Committees __________ _
N Pinsky Steven
ame: --------------------------------- Last First M.I.

Home Business Facsimile
E-mail Address:---------------------
Physical Address of Residence: Calistoga, CA 94515
M .1
. Add same a, Ing ress: _____________________________ _ Business Address: ----------------------- ------ . retired Occupation: _________________________ _____ _ 3 full time
Are you a resident of the City of Calistoga? Yes! ! No D Years of residency: 12 cart time If not, do you reside within the Calistoga Joint Unified School District? YesD No D Ed t
. d/ 1 t d b k d BA San Francisco State College uca 10n an or re a e ac groun : _____________________ _ commercial real estate investor and developer with a particular interest in workforce housing Licenses or special certificates held:

Item #7.4.

City of Calistoga Boards & Commissions Application

Organizations to which you belong (professional, technical, community, services): _ _____ _ Vice chair Public Glass San Francisco, Trustee Pilchuck School of Glass, Calistoga Fire Safe < State specifically why you wish to serve, why you believe you are qualified for the position, and what you might contribute to the group:

I have an interest in contributing to the evolution of Calistoga that pays attention to keeping Olj. the current population mix by encouraging more workforce housing for our local buisinesses .

I would like to see Calistoga be the shinning example example of how a community can meet tr needs of its residents and businesses.
(Use additional paper, if necessary)
References (include name and daytime phone number: (1) _D_o_u_g_A_l_le_n_. _________ _ (
2) Jill Hoff
List any other committees/commissions on which you have or currently serve, and the year(s) of service:

Calistoga Housing Advisory Committee less than one year I am willing to share my personal email address an~one number with the public during my appointment on a Commission, Committee or Board? YesO No l:LJ

DISCLOSURE AND REGULA TORY REQUIREMENTS
Upon appointment, designated members will be required to file an Assuming Office Statement of Economic Interests (Form 700) within 30 days of being sworn in. Covered officials will be required to take two hours of Cl AB 1234 Ethics Training every two years. This application will become a public record and will be available ~~ for public inspection or duplication upon request in accordance with the Public Records Act.

I have read, understand, and will abide by this statement (please initial) _s_P __ I have sufficient time to devote to this responsibility and plan to attend the required meetings if I am appointed to fill a vacancy and I acknowledge that I have read and understand the disclosure and regulatory require
Signature of Applicant
October 4,2022
Date
Completed application should be returned to:

City of Calistoga
City Clerk
1232 Washington Street
Calistoga, CA 94515
For questions, please call the City Clerk at (707) 942-2807 Item #7.4.

I believe in keeping Calistoga a place where All people can afford to live. I am in favor of supporting development projects, be they subdivisions or infill buildings that are more than large single family homes that are unaffordable for the majority of our residents. I believe in encouraging developers to be creative in helping to solve the needs of our local businesses by including work-force housing as part of any large project.

I love the fact that Calistoga is still a blue collar town and I want it kept that way. I have more than 40 years experience running a mid sized manufacturing business along with commercial real estate development and management. I like to think of myself as a pragmatic person who can balance ideals with realty.

Item #7.4.

RECEIVED
OCT 1 7 2022
CITY CLERK CITY of CALISTOGA

BOARDS AND COMMISSIONS APPLICATION
Citizens are encouraged to serve on the various City commissions. Applications will be reviewed and interviews may be scheduled with the City Council. Commission appointments are made at a regular meeting of the City Council. Please print or type clearly.

Application for:

D City Active Transportation Advisory
Committee D City Building Standards Advisory and
Appeals Board D Calistoga Green Committee D City Planning Commission ~ City Housing Advisory Committee
Name: Rios
Last
Telephone:

Home
E-mail Address:

Physical Address of Residence:
" "
Napa County Active Transportation Committee
Napa County Local Food Advisory Council
Napa County Measure A Financial Oversight Committee
Napa County Mosquito Abatement Board
Napa County Library Commission
Other Committees _______ __ _
Laurel C.

First M.I.

Business Facsimile
Calistoga,CA 94515
Mailing Address: _ __________________________ _
" " Business Address: _______ ______________ _____ _
Occupation: Small Business Owner
Are you a resident of the City of Calistoga? Yes Iv' I No D Years of residency: _3_0 ____ _ If not, do you reside within the Calistoga Joint Unified School District? YesD No D Education and/or related background: Calistoga High School Graduate - 2010 Bachelor of Science in Recreation, Parks and Tourism Administration - SFSU - 2014 Licenses or special certificates held:

NA
Item #7.4.

City of Calistoga Boards & Commissions Application

Organizations to which you belong (professional, technical, community, services): ______ _ Future Calistoga School Board Member - November 2022
State specifically why you wish to serve, why you believe you are qualified for the position, and what you might contribute to the group:

See attached.
(Use additional paper, if necessary)
References (include name and daytime phone number: (1) Chris Canning - (
2) Doug Allan -
List any other committees/commissions on which you have or currently serve, and the year(s) of service:

Future Calistoga School Board Member - November 2022
I am willing to share my personal email address an~one number with the public during my appointment on a Commission, Committee or Board? Yes Iv' I No LJ

DISCLOSURE AND REGULATORY REQUIREMENTS
Upon appointment, designated members will be required to file an Assuming Office Statement of Economic Interests (Form 700) within 30 days of being sworn in. Covered officials will be required to take two hours of AB 1234 Ethics Training every two years. This application will become a public record and will be available for public inspection or duplication upon request in accordance with the Public Records Act.

I have read, understand, and will abide by this statement (please initial) LR I have sufficient time to devote to this responsibility and plan to attend the required meetings if I am appointed to fill a vacancy and I acknowledge that I have read and understand the disclosure and regulatory requirements.

Laurel Rios 10/14/2022
Signature of Applicant Date
Completed application should be returned to:

City of Calistoga
City Clerk
1232 Washington Street
Calistoga, CA 94515
For questions, please call the City Clerk at (707) 942-2807 Item #7.4.

October 14, 2022
To Whom It May Concern:

I wish to continue to serve on the City Housing Advisory Committee because Calistoga is in desperate need of housing. Not only low income housing, but middle income housing as well.

Calistoga is growing - and that is a great thing! Along with the economic growth of introducing new resorts, we need to support the town with housing growth to provide these new businesses, and existing businesses, with places for their staff to live.

I believe I am qualified to continue to serve on the City Housing Advisory Committee because I have seen this town grow from a tiny town at the tip of Napa Valley, to a worldwide destination.

I have spent the past 18 months on the committee working closely with the other committee members and the Planning and Building Director on numerous projects, such as the Housing and Community Development Matrix, Housing Advisory Committee Goals and Objectives, and M Group lot reviews. The numbers of wineries, restaurants and resorts have grown exponentially, but in my 30 years of living here, I have not witnessed a large increase in housing options. I have experienced the housing shortage in Calistoga first hand, alongside many of my friends and coworkers. This Housing Committee needs members who have experienced the challenges of housing in this community, not just heard of them.

If re-appointed to the Housing Committee Board, I will continue to contribute extensive knowledge of Calistoga, unmet dedication to the betterment of this community, and an immeasurable amount of passion and care for the position. I don't want to see Calistoga turn into Napa or Sonoma, I want Calistoga to stay Calistoga, just with a few more housing options. I will continue to work tirelessly to do all that I can to ensure Calistoga gets a fighting chance at fair and affordable housing options.

Thank you for your time,
-j_)_ VZ---
Laurel Rios
Item #7.4.

RECEIVED
or.r 2 '/ 2021 CITY of CALISTOGA
City ot Calistoga

BOARDS AND COMMISSIONS APPLICATION
Citizens are encouraged to serve on the various City commissions. Applications will be reviewed and interviews may be scheduled with the City Council. Commission appointments are made at a regular meeting of the City Council. Please print or type clearly.

Application for:

D City Active Transportation Advisory
Committee D City Building Standards Advisory and
Appeals Board D Calistoga Green Committee
[Jpity Planning Commission G2f City Housing Advisory Committee Napa County Active Transportation Committee
Napa County Local Food Advisory Council
Napa County Measure A Financial Oversight Committee
Napa County Mosquito Abatement Board
Napa County Library Commission
Other Committees ----------
Name: __ S_A-_~_w____ :J)___,;;....__A_V_i_lA.. _____ _.;;;;J=----- M.I.

Telephone
Facsimile
E-mail Address:

Physical Address of Residence.

Mailing Address: S I.A- IV'--e,,
Business Address: _____ /V__. ___ / ......... A__._ __________________ _ Occupation: ~.e< t ( ( L tb f l ,,A, I'(\,, b; "j C-~ l'::-d: r (J.._c_± o / Are you a resident of the City of Calistoga? Yes0 No D Years of residency: 4 7 (J l:,,. C/ If not, do you reside within the Calistoga Joint Unified School District? YesD No D Education and/or related background: - - ~A--'-..J-A_-....___...,_#( ~ e_=-~- ....... c ....... e_e.-c--______ _ v Licenses or special certificates held:

Pl {A,ft\..b u'j C.;," + r A-c.ct, y J,-c.. e 0L e -
Item #7.4.

" City of Calistoga Boards & Commissions Application

Organizations to which you belong (professional, technical, community, services): C ~ n-, b-R '/' J ~ ( (2.J J.-.e e e=--Jll\ tAJ u IX':: ) Ct1v I L/ t°J '!:, Pov l .&'llAJ.<., I~ -f i ,,- e J(., vo\ U,.tvl--"°~~ / -f'.· ('-t ~ ..- State specifically why you wish to serve, why you believe you are qualified for the position, and what you might contribute to the group:

C&cf t "---1- li servi'::_9 O"-- +b d cu rc-m-,..J-ue _so ""'-veh ; J +Q r }n 12,. 1:o:. L at u , , ,, +-o (Use additional paper, if necessary)
References (include name and daytime phone number: (1) ,:S..e__f { Joh (2) ~ ",, A.u.. ~ .

List any other committees/commissions on which you have or currently serve and the year(s) of service:
---r-1 /' 11, ✓,, / , C" ./ j J _
1 ¢'- t vQ ffi fV\ : ~t ~ e _,,,,, W--- Q fl/LJ I~ - ,_.) C. r v 6 ,,( ut,l'.,...-- d- s (:AA( [
I am willing to share my personal email a~ an~one number with the public during my appointment on a Commission, Committee or Board? Yesl/LJ No LJ

DISCLOSURE AND REGULATORY REQUIREMENTS
Upon appointment, designated members will be required to file an Assuming Office Statement of Economic Interests (Form 700) within 30 days of being sworn in. Covered officials will be required to take two hours of AB 1234 Ethics Training every two years. This application will become a public record and will be available for public inspection or duplication upon request in accordance with the P,Y6ji~ Records Act.

I have read, understand, and will abide by this statement {please initial) £..!...t I have sufficient time to devote to this responsibility and plan to attend the required meetings if I am appointed to fill vacancy and I acknowledge that I have read and understand the disclosure and regulatory _a_~c_,_1;_J_2>VZZDate
Completed application should be returned to:

City of Calistoga
City Clerk
1232 Washington Street
Calistoga, CA 94515
For questions, please call the City Clerk at (707) 942-2807 Item #7.4.

RECEIVED
OCT l 1 2022
CITY CLERK CITYefCALISTOGA

BOARDS AND COMMISSIONS APPLICATION
Citizens are encouraged to serve on the various City commissions. Applications will be reviewed and interviews may be scheduled with the City Council. Commission appointments are made at a regular meeting of the City Council. Please print or type clearly.

Application for:

D City Active Transportation Advisory
Committee D City Building Standards Advisory and
Appeals Board D Calistoga Green Committee lliJ City Planning Commission D City Housing Advisory Committee Name: OLIVER, KELLY K.

Last
Telephone:

Home
E-mail Address:

Business Address: n/ a
Napa County Active Transportation Committee
Napa County Local Food Advisory Council
Napa County Measure A Financial Oversight Committee
Napa County Mosquito Abatement Board
Napa County Library Commission
Other Committees ----------
First M.I.

Business Facsimile
Calistoga, CA 9451 5
--------------------------- OC cup at ion: business management Are you a resident of the City of Calistoga? Yes!)( I No D Years of residency: _9 ____ _ If not, do you reside within the Calistoga Joint Unified School District? YesD No D Education and/or related background: Masters of Business Administration (MBA) Licenses or special certificates held:

Item #7.4.

City of Calistoga Boards & Commissions Application

Organizations to which you belong (professional, technical, community, services): _______ _ Women In business ("Chief"), Leadership coaching groups State specifically why you wish to serve. why you believe you are qualified for the position. and what you might contribute to the group:

As a resident of Cal istoga, I believe I have skills to offer of service to the planning committee.

Based on my experience in business, I understand the need to bring fair and unbiased reccomendations to City Council.

As a homeowner in Calistoga, I am interested in contributing my time and skills back to my community.

I would like to contribute the points of view from a female working full time and living in Calistoga. (Use additional paper, if necessary)
References (include name and daytime phone number: (1 ) Michael Skalla I Rachel Melick
List any other committees/commissions on which you have or currently serve, and the year(s) of service:

I am willing to share my personal emai l address an~one num ber with the public during my appointment on a Commission, Commi1tee or Board? Yes0 No~ Yes for email, no for phone

DISCLOSURE AND REGULATORY REQUIREMENTS
Upon appointment, designated members will be required to file an Assuming Office Statement of Economic Interests (Form 700) within 30 days of being sworn in. Covered officials will be required to take two hours of AB 1234 Ethics Training every two years. This application will become a public record and will be available for public inspection or duplication upon request in accordance with the Public Records Act.

I have read, understand, and will abide by this statement (please initial) kko I have sufficient time to devote to this responsibility and plan to attend the required meetings if I am appointed to fill a vacancy and I acknowledge that I have read and understand the disclosure and regulatory Signature of Applicant
10/03/2022
Date
Completed application should be returned to:

City of Calistoga
City Clerk
1232 Washington Street
Calistoga, CA 94515
For questions, please call the City Clerk at (707) 942-2807 Item #7.4.

RECEIVED
oc ;· 0 3 ?02?.

CITY of CALISTOGA
City ot Calistoga

BOARDS AND COMMISSIONS APPLICATION
Citizens are encouraged to serve on the various City commissions. Applications will be reviewed and interviews may be scheduled with the City Council. Commission appointments are made at a regular meeting of the City Council. Please print or type clearly.

Application 1or:

D City Active Transportation Advisory
Committee D City Building Standards Advisory and
Appeals Board D Calistoga Green Committee
~ City Planning Commission D City Housing Advisory Committee Vaughn
Name:

Napa County Active Transportation Committee
Napa County Local Food Advisory Council
Napa County Measure A Financial Oversight Committee
Napa County Mosquito Abatement Board
Napa County Library Commission
Other Committees -----------
Michael D
-------------------------------- Last First
NA
M.I.

Telephone: __________ ____________________ _
Home Business Facsimile
E-mail Address: ------..=======~----------------
Physical Address of Residence: ___
- ________ ....; c_;;_· A-t.....:..=;.;,..:: S;..;.. TtJ~c\..:::k=--,-~_;_,;___9;..;..'4..,;;,...={i:....1-=<=--- Same as above
Mailing Address: ______________ _____ _________ _
NA
Business Address: ____________________________ _
Retired
Occupation: _____________________________ _
5 Are you a resident of the City of Calistoga? Yes g] No D Years of residency: _____ _ If not, do you reside within the Calistoga Joint Unified School District? YesD No D Education and/or related background:

Electrical Sales Engineer for Major Electrical Mfg. for 30 years Electrical Industry for -44 Years Licenses or special certificates held:

NA
Item #7.4.

City of Calistoga Boards & Commissions Application

Organizations to which you belong (professional, technical, community, services): ______ _ Current Planning commissioner for the last year
State specifically why you wish to serve, why you believe you are qualified for the position, and what you might contribute to the group:

Looking forward to help continue the responsible growth in the City of Calistoga, in this very exciting next chapter in the storied history of Calistoga.

All of the new growth activities of the City with the potential purchase of the fairgrounds, makes it an wonderful opportunity to see the City through this interesting but challenging time (Use additional paper, if necessary)
Tammy Pelter
References (include name and daytime phone number: (1) ____ _ Eden Umble
(2) ----------
List any other committees/commissions on which you have or currently serve, and the year(s) of service:

Currently on the Planning Commission for past year.

I am willing to share my personal email address an~one number with the public during my appointmen1 on a Commission, Committee or Board? Yes~ No LJ

DISCLOSURE AND REGULA TORY REQUIREMENTS
Upon appointment, designated members will be required to file an Assuming Office Statement of Economic Interests {Form 700) within 30 days of being sworn in. Covered officials will be required to take two hours of AB 1234 Ethics Training every two years. This application will become a public record and will be available for public inspection or duplication upon request in accordance with the Public Records Act.

MV
I have read, understand. and will abide by this statement (please initial) __ _ I have sufficient time to devote to this responsibility and plan to attend the required meetings if I am appointed to fill a vacancy and I acknowledge that I have read and understand the disclosure and regulatory requir.: ments.
10-3-2022
Date
Completed application should be returned to:

City of Calistoga
City Clerk
1232 Washington Street
Calistoga, CA 94515
For questions, please call the City Clerk at (707) 942-2807 Item #7.4.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Jeff Mitchem, Planning & Building Director
Meeting: City Council - Dec 06 2022
Subject: Uncodified Ordinance: Relinquishing Enforcement Responsibility for Mobile Home Parks and Installations and Special Occupancy Parks DESCRIPTION:

Consideration of proposed uncodified ordinance canceling the City of Calistoga’s enforcement responsibility for mobile home parks (MHP) and installations and special occupancy parks under the California Health and Safety Code.

RECOMMENDATION:

Introduce the attached draft Ordinance and waive its first reading.

BACKGROUND/SUMMARY:

On May 21, 1991, the Calistoga City Council adopted its Resolution No. 91-32 declaring its intention to enforce mobile home park provisions of the California Health and Safety Code. Within recent years, City Staff resources have reduced to below satisfactory levels with respect to technical capacity to meet increasing demand for MHP inspections and enforcement.

California Government Code Section 18865 authorizes the City to relinquish enforcement responsibility for MHP and installations and special occupancy parks and transfer such responsibility back to the California Department of Housing and Community Development (“HCD”). Acknowledging limited City Staff resource and expertise, Calistoga City Council concludes that it is in the best interests of the City and its residents to transfer MHP park enforcement authority back to HCD.

The purpose of the attached Ordinance (Attachment 1) is to repeal the City’s enforcement responsibility for MHPs and installations and special occupancy parks pursuant to Health and Safety Code Section 18865 and Title 25 of the California Code of Regulations Section 2005 and the City Manager is authorized and directed to take additional action as necessary to transfer enforcement responsibility to HCD.

Upon adoption of the attached Ordinance, City will transmit written notification (Attachment 2) transferring City enforcement to the California State Department of Housing and Community Development (HCD). Subsequent to the written notification and prior to the effective date of transference, City will transmit 1) all fees collected for annual permits to operate in an amount equal to the percentage of the year remaining before the permits to operate expire, and 2) all MHP records.

City staff contacted all MHP owners and on-site managers and received unanimous support for City transference of enforcement authority to the State.

Item #7.5.

CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:

This action would be broadly consistent with Council Goal 5: Offer excellent professional services to all customers. Specifically, it would be in furtherance of Priority Project 5.1 Research and implement various opportunities for outside service agencies or private companies to provide routine city functions in order to free City staff for higher-level activities and special projects and reduce the need for additional employees.

CEQA STATUS:

This activity is not considered a "project" under CEQA because it will not cause a direct or reasonably foreseeable indirect physical change in the environment.

FINANCIAL IMPACT:

The immediate direct impacts related to this proposed ordinance are the loss of approximately $16,000 in annual fees including operation permits ($4,500), inspection fees ($2,500) and rent stabilization fees ($9,000).

ATTACHMENT(S):

ATTCH 1 Ordinance Re Cancellation of MHP Enforcement Responsibility ATTCH 2 Letter Cancelling Enforcement Responsibility
APPROVAL(S):

Laura Snideman, City Manager Approved - Nov 29 2022
Marni Rittburg, City Clerk Approved - Nov 29 2022
Item #7.5.

ORDINANCE NO. XXX

AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALISTOGA

RELINQUISHING ENFORCEMENT RESPONSIBILITY FOR MOBILEHOME PARKS

AND INSTALLATIONS AND SPECIAL OCCUPANCY PARKS
WHEREAS, on May 21, 1991, the Calistoga City Council adopted its Resolution No. 91-32 declaring its intention to enforce mobile home park provisions of the California Health and Safety Code; and
WHEREAS, the City of Calistoga (“City”) has limited financial and human resources to provide services to its residents; and
WHEREAS, California Government Code Section 18865 authorizes the City to relinquish enforcement responsibility for mobilehome parks and installations and special occupancy parks and transfer such responsibility back to the California Department of Housing and Community Development (“HCD”); and
WHEREAS, the Calistoga City Council finds that it is in the best interests of the City and its residents to effect the transfer of mobilehome park enforcement authority back to HCD;

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

SECTION 1. Findings. The above recitals are true and correct, and incorporated herein by reference and each is relied upon independently by the City Council for its adoption of the Ordinance.

SECTION 2. Purpose and Authority. The purpose of this Ordinance is to repeal the City’s enforcement responsibility for mobilehome parks and installations and special occupancy parks pursuant to Health and Safety Code Section 18865 and Title 25 of the California Code of Regulations Section 2005.

SECTION 3. Repeal of Enforcement Responsibility. Resolution No. 91-32, declaring the City’s intention to enforce mobile home park provisions of the Health and Safety Code, is rescinded and repealed.

SECTION 4. Authorization. The City Manager is authorized and directed to take the required actions to complete the transfer to HCD of enforcement responsibility for mobilehome parks and installations and special occupancy parks.

SECTION 5. Environmental Determination. The City Council finds and declares that the adoption and implementation of this Ordinance are exempt from the provisions of the California Environmental Quality Act under section 15061(b)(3) in that the City Council finds there is no possibility that the implementation of this Ordinance may have significant effects on the environment.

Item #7.5.

Ordinance No. XXX

SECTION 6. Severability. If any section or portion of this ordinance shall be determined to be invalid or unconstitutional, such section or portions shall be deemed severable and all other sections or portions hereof shall remain in full force and effect.

SECTION 7. Effective Date. This ordinance shall be effective 30 days from the date of passage and adoption.

SECTION 8. Publication. The City Clerk is directed to cause this Ordinance to be published in the manner required by law.

THIS ORDINANCE was introduced with the first reading waived at the City of Calistoga City Council meeting of the 6
th day of December 2022, and was passed and
adopted at a regular meeting of the Calistoga City Council on the ____ day of ______202__, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:

By:

Chris Canning, Mayor
ATTEST:

Marni Rittburg, City Clerk
APPROVED AS TO FORM:

Michelle M. Kenyon, City Attorney
Item #7.5.

November 29, 2022
Gustavo Velasquez, Director
California Department of Housing & Community Development 2020 West El Camino Avenue
Sacramento, California 95833
Subject: Cancellation of Mobilehome Parks Act Enforcement Responsibility Dear Director Velasquez,
The Calistoga City Council has determined to cancel the City of Calistoga’s enforcement responsibility for mobilehome parks and installations and special occupancy parks under the California Health and Safety Code. The proposed effective date of such cancellation is February ____, 2023. A copy of Calistoga City Council Ordinance No. 2022-XX adopted on November 1, 2022, is attached for your reference.

We look forward to working together with the Department of Housing and Community Development to transfer applicable fees and records for an orderly transition.

Please contact me with any questions or requests for further information.

Sincerely,
Jeff Mitchem
Planning & Building Director

CITY OF CALISTOGA
1232 Washington Street • Calistoga, CA 94515
Telephone 707-942-2800
Fax 707-942-0732
www.ci.calistoga.ca.us
ATTACHMENT 2
Item #7.5.

To: Lauren Clark <[email protected]>
Cc: -
Sub~kOwners
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.

Hi Lauren,
Are you able to confirm if this stamen below made it into public comment? The email got kicked back to me.

Respectfully,
Andy Balaguy
Director of Property Facilities
[email protected]
Office (415) 892- 4795 Ext. 219
Cell
Fax (415)897-3825
Home - HCA Management (hcamgmt.com}
HCA
Managen1ent
11 Better Communities for better Living "
From: Andrew Balaguy
Sent: Tuesday, November 08, 2022 5:13 PM
To: Lauren Cl < · · >; publiccomme · '""'"·~ ~ ~
• Denny Drossos
Subject: RE: Mobile Home Park Owners
Hi Lauren,
Douglas Hood
On behalf of Rancho De catistoga and Chateau Calistoga we unanimously support the motion to have HCD ( the state of CA) take back over as the enforcing agency of T-25 Health and Safety Code for MHP's.

Rancho De Calistoga has been required to seek legal counsel time and time again due to the city's confusion regarding how to interpret and enforce T-25.

Our most recent example is a dispute of the parks fictitious lot lines between residents monthly leased spaces within our park. Rancho De Calistoga is 1 parcel per the Napa county assessor's office and the city inspector demanded that Item #7.5.

we have the entire park and all 184 spaces surveyed which is an impossible order being that it is documented as one parcel. Not only was this request found nowhere in the MH code {T-25/or the MH parks Act) but the Inspector then proceeded to threaten us with daily fines if we did not meet these demands. This went·back and forth for several months and we were forced to get our legal team involved to articulate our compliance. For this one single matter we have spent close to $40,000 to help interpret and articulate T-25 MH code and our compliance for the purpose of the City so that they could make a decision as the enforcing agency. This consisted of Attorneys, survey companies, and HCD consultants. After this costly venture and nearly a year long exercise the city's decision was to take "no action." We have spent a year on this and were forced to gather all this information on your behalf so that you could do your job and make a decision and now you decided to make "no decision" This is an abuse of power and a complete disregard for a local community business. California MH park code enforced in Calistoga needs to be performed the same way it is done throughout the state. If you're not going to make decisions in the park then please do your job and make a decisions tonight.

Respectfully.

Andy Balaguy
Director of Property Facilities
Andy mt.com
xt. 219
Fax (415)897-3825
Home - HCA Management (hcamgmt.com)
HCA
Management
"Better Communities for better Living "
Item #7.5.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Jeff Mitchem, Planning & Building Director
Meeting: City Council - Dec 06 2022
Subject: Consultant Services Agreement Kortum Ranch – CEQA Environmental Impact Report (EIR)
DESCRIPTION:

Consider adopting a Resolution authorizing the City Manager to execute a Consultant Services Agreement with M-Group to prepare an EIR for the Kortum Ranch project as part of the CEQA analysis.

RECOMMENDATION:

Adopt the attached Resolution.

BACKGROUND/SUMMARY:

M-Group has been selected to provide environmental review consulting services to prepare an Environmental Impact Report for the proposed Kortum Ranch project. The Kortum Ranch proposal is to subdivide an approximately 50-acre site consisting of four (4) legal parcels comprising Assessor’s Parcel Numbers (APNs) 011-290-007, 011-290-038, 011-290-039, and 011-310-023, located at 500 Kortum Canyon Road, south of Foothill Boulevard (SR 128), in the City of Calistoga (Site) into 23 individual lots to be developed with single-family detached residences (“Kortum Ranch Development”).

In December of 2020, the Applicant purchased the Busk Estate, an approximate 50-acre site consisting of 4 legal parcels straddling Kortum Canyon Road south of Foothill Blvd and improvements located within the City of Calistoga. The Busk Estate has since been renamed Kortum Ranch.

Staff and the Applicant recognize that the analysis of the currently proposed project may or may not be consistent with the analysis and findings of the 2003 General Plan EIR. Inconsistencies could arise based on (1) the attributes of the current proposal, (2) changes in the existing project setting, and/or (3) currently accepted criteria of significance. Such matters must be substantiated and reflected in the actual analysis and in the form of the environmental document, in accordance with processes set forth in CEQA. The foregoing notwithstanding, during the Planning and Building Department’s conceptual review of the Kortum Ranch Development proposal, in August of this year, several areas of potentially significant environmental effects were identified, including Transportation/Circulation, including vehicle miles traveled (VMT); and Wildfire. The following supplement information and special studies have been prepared on behalf of the Applicant’s team and consultants, and have been provided to the M-Group for use in preparing the EIR:

Phase I Environmental Site Assessment
• Arborist Report
Item #7.6.

• Visual Analysis
• Wildfire Risk Management and Evacuation Plan
Additionally, the following special studies are to be prepared by the selected consultant or their subconsultant for use in preparing the EIR:
• Water and Wastewater Capacity Study
• Biological Resources Assessment
• Traffic Impact Study
• Air Quality, Greenhouse Gas, and Health Risk Assessment • Noise and Vibration Analysis
On September 16, 2022 City Staff issued a Request for Proposals (RFP) for the EIR and selected MGroup’s proposal. Staff recommends that the City Council authorize the City Manager to execute a contract with M-Group, for an amount not-to-exceed $205,540, to complete the services.

CEQA STATUS:

CEQA compliance through preparation of subject Environmental Impact Report.

FINANCIAL IMPACT:

Compensation shall be $205,540 (Exhibit B of Attachment 2) will be paid for by the developer through an existing Developer Deposit Account.

ATTACHMENT(S):

ATTCH 1 CC Resolution Kortum Ranch (2)
ATTCH 2 - CSA
EXH B, ATTCH 2 Compensation
EXH A of ATTCH 2 Work Scope
APPROVAL(S):

Laura Snideman, City Manager Approved - Nov 29 2022
Marni Rittburg, City Clerk Approved - Nov 29 2022
Item #7.6.

ATTACHMENT 1
RESOLUTION NO. 2022-XXX
Authorizing Consultant Services Agreement No. XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA

AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONSULTANT SERVICES

AGREEMENT WITH M-GROUP TO PREPARE AN ENVIRONMENTAL IMPACT

REPORT FOR THE KORTUM RANCH PROJECT AS PART OF THE CEQA

ANALYSIS
WHEREAS, the City of Calistoga, Planning and Building Department received a Vesting Tentative Map application (Project) on May 28, 2022, to develop 23 single-family homes on an approximately 50-acre site consisting of four (4) legal parcels comprising Assessor’s Parcel Numbers (APNs) 011-290-007, 011-290-038, 011-290-039, and 011- 310-023, located at 500 Kortum Canyon Road, south of Foothill Boulevard (SR 128); WHEREAS, City desires third-party environmental review analysis services to in connection CEQA analysis for Project (VTM 2022-1); and
WHEREAS, City released a duly noticed Request For Proposals for consulting services to prepare an Environmental Impact Report for the project; and WHEREAS, On October 26, 2021, the City selected M-Group to prepare an Environmental Impact Report (EIR) for the Project; and
WHEREAS, Consultant hereby warrants to the City that Consultant is skilled and able to provide such services described in Exhibit A of Consultant Services Agreement; and WHEREAS, City desires to retain Consultant pursuant to this Agreement to provide the services described in Exhibit A of Consultant Services Agreement; and WHEREAS, the Applicant, Kortum Ranch, LLC shall be responsible for fee reimbursement not to exceed $205,540 as conveyed in Exhibit B of Consultant Services Agreement; and
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Calistoga that the City Manager is hereby authorized to execute a Consulting Services Agreement between M-Group and the City of Calistoga for the services; and BE IT FURTHER RESOLVED that all terms, conditions, and covenants of said Agreement be, and the same are, hereby approved, ratified, and confirmed.

PASSED, APPROVED AND ADOPTED this 6TH day of December 2022. I, MARNI RITTBURG, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:
_________________________ ___________________________
Marni Rittburg, City Clerk CHRIS CANNING, Mayor
Item #7.6.

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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 __________, 2022, by and between THE CITY OF CALISTOGA, a municipal corporation (hereinafter referred to as "CITY") and M-Group (hereinafter referred to as "CONSULTANT"). CITY and CONSULTANT may be referred to individually as “Party” and collectively as the “Parties.”

RECITALS
WHEREAS, CITY requires environmental review services in connection with the Kortum Rose Ranch Project;
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. However, notwithstanding the foregoing, CONSULTANT shall perform its Scope of Work as expeditiously as is consistent with the professional standard of care as defined in Section 1.4 below and the orderly progress of the project.

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 in accordance with the professional standard of care as defined below. 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 practitioner of the profession in which CONSULTANT is engaged, in the same or similar geographical area in which CONSULTANT practices its profession and in the same or similar circumstances to that of CONSULTANT under this Agreement, 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 Item #7.6.

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

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 CONSULTANT, and made available to CITY upon request without restriction or limitations on their use. 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. However, notwithstanding the foregoing, CONSULTANT shall not be responsible or liable for any alterations, modifications, or additions made to the Documents by CITY or any reuse of the Documents by CITY or any other party for this project or any other project without the consent of CONSULTANT. CITY shall defend, indemnify, and hold CONSULTANT harmless against any claims, damages, or losses arising out of the reuse or distribution of the Documents without the consent of CONSULTANT and arising out of alterations, modifications, or additions to the Documents made by anyone other than 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 Item #7.6.

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OAK #4890-2776-373v1 (Rev. 9/2021)
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 $205,540 ("Cost Ceiling").

Compensation for the Services shall not exceed the Cost Ceiling without prior written approval of the City.

2.2. Invoices. CONSULTANT shall submit monthly invoices in a form reasonably 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 reasonably necessary to substantiate performance of the Services. Within 35 days after receipt of each such invoice, CITY shall verify the accuracy of the invoice, correct the charges where appropriate and as discussed and mutually agreed with CONSULTANT, and make payment to CONSULTANT in an amount equal to the amount of such invoice, as verified or corrected by CITY. No payment hereunder shall be construed as evidence of acceptance of any of CONSULTANT's work. CITY reserves the right to withhold payment from CONSULTANT on account of Services not performed in accordance with this Agreement, delays in CONSULTANT's performance of Services other than delays that are due to circumstances beyond CONSULTANT’s reasonable control, or other defaults hereunder.

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 December 2023.

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 and costs incurred by CONSULTANT up to the time of such termination, it Item #7.6.

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OAK #4890-2776-373v1 (Rev. 9/2021)
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 Jeff Mitchem, its Planning and 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.

4.2. CONSULTANT Contact. CONSULTANT designates Olivia Ervin 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 CONSULTANT’s negligent performance of 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' 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 Claims only to the extent such Claims arise out of, pertain to, or relate 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 Item #7.6.

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OAK #4890-2776-373v1 (Rev. 9/2021)
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. Coverage shall apply to hired and non-owned autos.

B. Commercial General Liability Insurance. Commercial General Liability Insurance, with limits providing a minimum amount of $1,000,000 combined single limit coverage for each occurrence, $2,000,000 general aggregate and $2,000,000 products/completed operations aggregate. The insurance shall cover all operations including but not limited to the following: (1) premises, operations and mobile equipment liability; (2) completed operations and products liability; (3) contractual liability insuring the obligations assumed by CONSULTANT in this Agreement to the extent of the policy; (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 agents in connection with this Agreement, at a minimum amount of $1,000,000 per claim 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.

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.

Item #7.6.

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OAK #4890-2776-373v1 (Rev. 9/2021)
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); • Excepting CONSULTANT’S professional liability insurance and workers’ compensation 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, Item #7.6.

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OAK #4890-2776-373v1 (Rev. 9/2021)
may terminate this Agreement and obtain damages from CONSULTANT resulting from said breach. Alternatively, CITY may purchase the required insurance coverage, and without further notice to CONSULTANT, may deduct from sums due to CONSULTANT any premium costs advanced by CITY for such insurance. These remedies shall be in addition to any other remedies available to CITY.

ARTICLE 6 - NOTICES
All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by facsimile or reputable overnight courier and shall be deemed received upon the earlier of: (1) if personally delivered, the date of delivery to the address of the person to receive such notice; (2) if delivered by Federal Express or other overnight courier for next business day delivery, the next business day; (3) if sent by facsimile, with the original sent on the same day by overnight courier, the date on which the facsimile is received, provided it is before 5:00 P.M. Pacific Time; or (4) if sent electronically, the date of delivery on the confirmed read receipt. Notice of change of address shall be given by written notice in the manner described in this Article 6. Rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed 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: M-Group
100 Pringle Avenue, Suite 600
Walnut Creek, CA 94596
Phone: (925) 977-3200
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. If applicable to CONSULTANT’s Services for CITY, 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.

Item #7.6.

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OAK #4890-2776-373v1 (Rev. 9/2021)
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 reasonably necessary and appropriate information requested by CITY or any authorized representative concerning potential conflicts of interest or prohibitions concerning CONSULTANT’s obligations pursuant to this Agreement.

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

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

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

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

Item #7.6.