Calistoga City Council
July 9, 2024

Mayor
Donald Williams
Vice Mayor
Irais Lopez-Ortega
Councilmembers
Lisa M. Gift
Scott Cooper
Kevin Eisenberg
AGENDA
City Council
Tuesday, July 9, 2024 - 6:00 PM
1307 Washington St., Calistoga
Hybrid

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

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

1. Watch on your TV – Napa Valley TV Channel 28 (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: 8230 722 8893, password: 123201

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

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

WRITTEN COMMENTS: Alternatively, you may provide public comment on any item on the agenda or any item of municipal concern via email. Please submit your comment, limited to 350 words or less, via email to [email protected]. Written public comments submitted by email should clearly indicate the Agenda Item No. or specify “Oral Communications” in the Subject Line for items not on the agenda and are requested to include the submitter’s full name. Comments received by 2:00 p.m. on the day of the meeting will be posted online with the agenda packet and included in the record but will not be read aloud. Comments received after 2:00 p.m. will be made part of the written record but will not be read verbally at the meeting. Note:

The methods of observing or listening to the meeting or providing public comments may be altered or the meeting may be cancelled, if needed, due to certain technical disruptions.

Page

1. CALL TO ORDER/ROLL CALL/PLEDGE OF ALLEGIANCE AND OPTIONAL

PATRIOTIC ACTIVITY

2. REPORT FROM CLOSED SESSIONS

3. ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS This time is set aside to receive comments from the public regarding matters on the Consent Calendar or matters of municipal concern not on the agenda. Pursuant to Government Code section 54954.3 (the Brown Act), however, the Council cannot consider any issues or take action on any requests during this comment period.

Speakers are encouraged to limit their comments to 3 minutes maximum so that all speakers have an opportunity to address the City Council.

3.1. 7.9.24 Public Comment 5 - 10

4. CITY MANAGER’S REPORT

5. PROCLAMATIONS/PRESENTATIONS/ AWARDS

6. CONSENT CALENDAR

6.1. Adoption of Meeting Minutes for 1/17/23, 2/7/23, 2/21/23, 3/21/23, 3/27/23, 4/4/23, 4/18/23, 5/2/23, 6/11/24 and 6/12/24.

Recommended Action: Consider Adopting the Minutes
Staff Report - Adoption of Minutes - Pdf
11 - 34

6.2. Authorize the Calistoga Police Department to accept a California Cannabis Tax Fund Grant Award in the amount of $77,606.15.

Recommended Action: Adopt a Resolution to accept the California Cannabis Tax Fund Program award.

Staff Report - CHP Cannabis Tax Funding Grant Acceptance - Pdf 35 - 61

6.3. Consideration of a Resolution Accepting a Notice of Completion for the 2024 Slurry Seal Project, Phase II.

Recommended Action:

Consider adopting resolution.

Staff Report - Notice of Completion for the 2024 Slurry Seal Project, Phase II - Pdf
62 - 66

6.4. Consideration of a Resolution authorizing staff to submit a match commitment letter to the California Governor’s Office of Emergency Services (CalOES) for the Hazard Mitigation Grant Program, in the amount of $2,188,840 to fund the repair of Calistoga’s Riverside Ponds and Headworks Improvement Project located at the Dunaweal Wastewater Treatment Plant.

Recommended Action:

Consider adopting resolution.

Staff Report - Riverside Ponds Hazard Mitigation Grant Program (HMGP) Match Commitment Letter for $2,188,840 - Pdf
67 - 72

6.5. Second Reading - Considering an ordinance of the City of Calistoga amending regulations concerning ADU development for consistency of such development within the city’s municipal code and with state law.

Recommended Action: Move to adopt and waive further reading of Zoning Ordinance No. 2023-2
Staff Report - Second Reading - Zoning Ordinance Amendment - ZOA 2023-2 Chapter 17.37 Accessory Dwelling Units - Pdf
73 - 84

6.6. Consider adopting a resolution confirming the Mayor's Appointments to the Housing Advisory Committee and the Planning Commission to fill unscheduled vacancies.

Recommended Action: Consider the recommendations and adopt the Resolution.

Staff Report - Appointments to the Housing Advisory Committee and the Planning Commission. - Pdf
85 - 99

6.7. Consider adopting a Resolution to authorize the approval of a parking lot Lease Agreement Amendment to an existing 2019 Lease Agreement Recommended Action: Adopt the Resolution
Staff Report - 1429 Lincoln Avenue Parking Lot Lease Agreement Amendment - Pdf
100 - 123

6.8. Fairgrounds Great Lawn Rental Fees
Recommended Action: Consider adopting a Resolution that establishes a rental fee, refundable deposit, and application fee for usage of the Great Lawn at the Fairgrounds property.

Staff Report - Fees associated with rental of the great lawn located next to the crop building at the Napa County Fairgrounds. - Pdf 124 - 127

6.9. Revising the City's Conflict of Interest Code to update and possibly add new positions that may be required to file Annual Statements of Economic Interest. Public input is welcome, please send your comments to [email protected] by July 30th at 2 p.m.

Recommended Action: Consider approving that the City Manager and City Clerk begin a revision process of the City's Conflict of Interest Code and its designated positions to adopt an updated one at the following Regular City Council Meeting.

Staff Report - Revising the City's Conflict of Interest Code - Pdf 128 - 134

6.10. Consider approving the Presentations, Proclamations and Awards Policy Recommended Action: Consider approving the draft Policy presented.

Staff Report - Presentations, Proclamations and Awards Draft Policy - Pdf
135 - 138

6.11. Amendment to the Salary and Benefits Plan - Executive Management Staff Report - Amendment to the Salary and Benefits Plan - Executive Management - Pdf
139 - 157

7. PUBLIC HEARING

8. GENERAL GOVERNMENT

8.1. Active Transportation Advisory Committee (ATAC) presentation on the suggested goals for FY 24/25.

Recommended Action:

Concur with or modify ATAC's proposed work plan for FY 24/25.

Staff Report - Presentation by the Active Transportation Advisory Committee (ATAC) - Pdf
158 - 162

8.2. Roles, Responsibilities, and Rules in the Caltrans Right of Way on Lincoln Avenue
Recommended Action: Consider affirming staff recommendations related to regulating, permitting, enforcing and changing various codes on Lincoln Avenue or provide alternative direction
Staff Report - Roles, Responsibilties, and Rules in the Caltrans Right of Way on Lincoln Avenue - Pdf
163 - 219

8.3. Consideration of a Resolution Approving the Second Amendment to Employment Agreement between The City of Calistoga and Laura Snideman
Staff Report - Consideration of a Resolution Approving the Second Amendment to Employment Agreement between The City of Calistoga and Laura Snideman - Pdf
220 - 226

9. COUNCIL REPORTS

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

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

SUPPLEMENTAL MATERIAL RECEIVED AFTER THE POSTING OF THE AGENDA:

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

AMERICANS WITH DISABILITIES ACT: The City can provide special assistance for persons with disabilities to participate in public meetings. To make a request for disability-related modification or accommodation please contact the City Clerk at [email protected] or (707) 942-2807. If you need assistance or accommodation, please provide notice at least 48 hours prior to the meeting. For TTY/ Speech-to-Speech users, dial 7-1-1 for the California Relay Service, offering free text-to-speech, speech-to-speech, and Spanish language services 24 hours a day, 7 days a week.

ACTA DE AMERICANOS CON DISCAPACIDADES Se les pide por favor que avise con 48 horas de anticipacion cuando necesita hacer un pedido de assistencia. Esto nos da suficiente tiempo antes de la junta para que la ciudad tome medidas razonables.

POSTING: I declare a copy of this agenda was posted at City Hall, 1232 Washington Street, Calistoga, among other locations in the city limits of Calistoga, on July 3, 2024, by 4:30 p.m.

Yudiana Galvan, City Clerk

Date: July 9, 2024
To: The Honorable Mayor & City Council of Calistoga
From: Richard Garwacki
Founder & Promoter
Bark4Arts
Calistoga, CA 94515
Re: July 9, 2024 City Council Meeting
Fairgrounds Great Lawn Rental Fees
Agenda Item: 6.8
Via:: [email protected]
To all interested parties:

As a resident & business owner in Calistoga I am inquiring as to additional information and clarifications regarding the Proposed Fairgrounds Great Lawn Rental Fees. I make this request in order to help me determine the feasibility of hosting events & experiences on this property.

As a highly experienced event promoter & producer of events for between 200-20,000 guests at venues throughout the Bay Area for more than 4 decades, I possess a strong background in public assemblage, events, & marketing campaigns from both lessor & lessee perspectives..

My questions and comments are as follows:
(1) Will there be a non-profit rate? If so, what will this fee be? (2) What will be the fees, if any, for load-in & load-out days? Bay Area venue policies vary in this regard. Some venues do not charge for these non-event dates. Some charge a 50% fee for load-in days. Most venus do not charge for a typical load-out day unless there is an unusually large or complex factors.

Item #3.1.

(3 )Will there be a “booking calendar” for prospective lessees to place “courtesy holds” on available dates? Will there be a “challenge process” when multiple parties have “courtesy holds” on the same date? If so, what will it be?
(4) Will there be an “event coordinator” on site at all times to represent the Fairgrounds & the City? This representative should possess: keys to the property, an excellent working knowledge of the entire grounds, and is well-versed in emergency procedures and policies?
(5) What is the policy regarding insurance? Will it be the same as at other City properties? As I understand Calistoga being “self-insured” with other additional entities, will it be possible to be named as an additionally insured (for a fee) on the City’s master policy?
Thank you in advance for your time & consideration in these matters. I can be reached at my contact info that follows. I am more than happy to assist or discuss with members of your team any matters or considerations that may arise.

Now the fun part begins. Bringing the Fairgrounds back to life! It’s a great opportunity to significantly affect the lives of another generation + of residents & visitors to Calistoga. I & the resources of Bark4Arts stand ready to help in any way we can.

Respectfully,
Richard D. Garwacki
Founder & Promoter
Bark4Arts
Calistoga, CA 94515
www.bark4arts.com
Item #3.1.

From: The Bungalows at Calistoga
To: Public Comment
Cc: Scott Olenski; Donald Williams
Subject: Construction hours at behind Wappo Ave.

Date: Tuesday, July 9, 2024 8:52:48 AM
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.

Good morning,
I'm writing to you from The Bungalows at Calistoga. There is construction behind our property that has been disturbing our guests since early as 7 am with big machinery that shakes the whole building making them believe that it is an earthquake. I have guests that stay there with kids as well, like for example this week. I have been in contact with the project manager for the construction and he let me know that the city allows them to work with big machinery as early as 7 am. This has been going on since last year and we had to refund a few customers due to the disturbance by the construction. I have a couple of questions:

1.- Is there a city code that allows any company to work with big machinery as early as 7 am?

2.- What is the process to file a complaint for the business lost due to this construction?

3.- Is there anyone in the city that I can contact directly for this ongoing issue? Thank you in advance,
Gianfranco.

Item #3.1.

From:

To: Public Comment
Subject: Gerry Turgeon for planning commission.

Date: Tuesday, July 9, 2024 12:08:53 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

I would like to register my very strong support for Gerry Turgeon as a new member of the Planning Commission.

From my experience of knowing Gerry Turgeon, I believe he will thoughtfully evaluate all situations that come before the Planning Commission and make a decision based on what is best for the long term health of Calistoga, and not be swayed by big money, who are often eager to make money rather than look at the long term consequences to the residence of Calistoga.

Yours
Josephine Richard
Sent from my iPhone
Item #3.1.

From:

To: Public Comment
Subject: Planning Commission Nominations - Lucretia Marcus Date: Tuesday, July 9, 2024 12:01:48 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

I am writing this in support of Lucretia Marcus, whom I have known fit 5 years. She has always shown herself dedicated to the wellbeing of Calistoga, and prepared to carefully listen to all sides of a problem before reaching a conclusion.

I believe she would be an excellent candidate for the vacancy in the planning commission.

Yours,
Josephine Richard
Sent from my iPhone
Item #3.1.

From: The Bungalows at Calistoga
To: Public Comment
Cc: Scott Olenski; Donald Williams
Subject: The Bungalows at Calistoga
Date: Tuesday, July 9, 2024 9:22:07 AM
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.

Good morning,
My name is Gianfranco from The Bungalows at Calistoga located at 207 Wappo Avenue and we are looking to beautify Wappo Avenue. We have noticed that Wappo Avenue has a lot of potential and we would like to support the city to do that.

Here are a few things that we would like to do:

1.- Pressure washed the sidewalk.

2.- Remove all of the dead grass on the sidewalk next to the road as it can be a fire hazard and change it to gravel stones.

3.- Trim and shape current trees, plant new trees if needed.

4.- Implement dim lights ground up to highlight the trees and light the sidewalk.

Please let us know who is the best person to talk more about this and how could get this going with permission from the city.

Thanks,
Gianfranco.

Item #3.1.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Yudiana Galvan, City Clerk
Meeting: City Council - Jul 09 2024
Subject: Adoption of Minutes
DESCRIPTION:

Adoption of Meeting Minutes for 1/17/23, 2/7/23, 2/21/23, 3/21/23, 3/27/23, 4/4/23, 4/18/23, 5/2/23, 6/11/24 and 6/12/24.

RECOMMENDATION:

Consider Adopting the Minutes
BACKGROUND/SUMMARY:

Adopt the following minutes:
 January 17, 2023 - Closed Session
 February 7, 2023 - Closed Session
 February 21, 2023 - Closed Session
 March 21, 2023 - Special Workshop
 March 27, 2023 - Closed Session
 April 4, 2023 - Closed Session
 April 4, 2023 - Regular Meeting
 April 18, 2023 - Closed Session
 April 18, 2023 - Regular Meeting
 May 2, 2023 - Regular Meeting
 June 11, 2024 - Regular Meeting
 June 12, 2024 - Closed Session
CEQA STATUS:

None
FINANCIAL IMPACT:

None
ATTACHMENT(S):

1.17.23 Minutes Closed Session

2.7.23 Minutes Closed Session

2.21.23 Minutes Closed Session
Item #6.1.

3.21.23 Minutes Special Workshop

3.27.23 Minutes Closed Session

4.4.23 Minutes Closed Session

4.4.23 Minutes

4.18.23 Minutes Closed Session

4.18.23 Minutes

5.2.23 Minutes

6.11.24 Minutes

6.12.24 Closed Session
APPROVAL(S):

Connie Cardenas, Admin. Services Director Approved - Jun 27 2024 Laura Snideman, City Manager Approved - Jul 01 2024
Yudiana Galvan, City Clerk Approved - Jul 01 2024
Item #6.1.

APPROVED:

MINUTES

CALISTOGA CITY COUNCIL

SPECIAL CLOSED SESSION
Tuesday, January 17, 2023 - 11:00 AM
Virtual
A. CALL TO ORDER – ROLL CALL
Mayor Williams called the meeting to order at 11:02 a.m.

Present : Mayor Williams, Vice Mayor Lopez-Ortega, and Councilmembers Cooper and Eisenberg
Absent : Councilmember Gift
B. ORAL COMMUNICATION
There was no public comment.

C. ADJOURN TO CLOSED SESSION ON THE FOLLOWING MATTER:

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APNs 011-260-03, 011-260-02, 020-150-033, and 020-150-008 City Negotiators: City Manager Laura Snideman; Katie Lichtig, Technical/ Professional Executive
Negotiating Parties: City of Calistoga; Energy Vault, Inc.

Under Negotiation: Price and Terms of Lease
D. ADJOURNMENT
Mayor Williams adjourned to the closed session at 11:06 a.m.

Respectfully Submitted
Prepared by: Approved by:

Yudiana Galvan, City Clerk Donald Williams, Mayor
Item #6.1.

APPROVED:

MINUTES

CALISTOGA CITY COUNCIL

SPECIAL CLOSED SESSION
Tuesday, February 7, 2023 - 3:30 PM
Virtual
A. CALL TO ORDER – ROLL CALL
The meeting was called to order at 3:30 p.m., a quorum if the Council was present.

B. ORAL COMMUNICATION
There is no record of public communication.

C. ADJOURN TO CLOSED SESSION ON THE FOLLOWING MATTER:

1. Property: APNs 011-260-03, 011-260-02, 020-150-033, and 020-150-008 City Negotiators: City Manager Laura Snideman; Katie Lichtig, Technical/ Professional Executive
Negotiating Parties: City of Calistoga; Energy Vault, Inc.

Under Negotiation: Price and Terms of Lease
D. ADJOURNMENT
The meeting was adjourned to the closed session.

Respectfully Submitted
Prepared by: Approved by:

Yudiana Galvan, City Clerk Donald Williams, Mayor
Item #6.1.

APPROVED:

MINUTES

CALISTOGA CITY COUNCIL

SPECIAL CLOSED SESSION
Tuesday, February 21, 2023 - 4:30 PM
Virtual
A. CALL TO ORDER – ROLL CALL
The meeting was called to order at 4:30 p.m., a quorum of the Council was present.

B. ORAL COMMUNICATION
There is no record of public comment.

C. ADJOURN TO CLOSED SESSION ON THE FOLLOWING MATTER:

1. PURSUANT TO GOVERNMENT CODE SECTION 54957.6
Conference with Labor Negotiator
Agency Negotiator: Laura Snideman (City Manager)
Employee Organizations: Calistoga Public Employees' Association (CPEA), and Calistoga Unrepresented Employees.

2. Public Employee Performance Evaluation, Pursuant To GC §54957(b)(1) Title: City Manager
D. ADJOURNMENT
The meeting was adjourned to the closed session.

Respectfully Submitted
Prepared by: Approved by:

Yudiana Galvan, City Clerk Donald Williams, Mayor
Item #6.1.

APPROVED:

MINUTES

CALISTOGA CITY COUNCIL

SPECIAL CLOSED SESSION
Tuesday, March 21, 2023 - 4:00 PM
In-Person
A. CALL TO ORDER – ROLL CALL
The meeting was called to order at 4:00 p.m., a quorum of the Council was present.

B. ORAL COMMUNICATION
There is no record of public comment.

C. ADJOURN TO CLOSED SESSION ON THE FOLLOWING MATTER:

1. Conference with Real Property Negotiations, GC §54956.8 Property: 1435 North Oak Street, APN 011-140-006, APN 011-140-007, APN 011-140-055, APN 011-481-022
Agency Negotiator: Laura Snideman, City Manager
Negotiating Parties: David Morrison, Interim Napa County CEO Under Negotiation: Price and/or Terms for Payment for Potential Purchase of Property

2. Public Employee Performance Evaluation, Pursuant To GC §54957(b)(1) Title: City Manager
D. ADJOURNMENT
The meeting was adjourned to the closed session.

Respectfully Submitted
Prepared by: Approved by:

Yudiana Galvan, City Clerk Donald Williams, Mayor
Item #6.1.

APPROVED:

MINUTES

CALISTOGA CITY COUNCIL

SPECIAL WORKSHOP
Monday, March 27, 2023 - 9:00 AM
Calistoga Community Center
A. CALL TO ORDER – ROLL CALL
The meeting was called to order at 9 a.m., a quorum of the Council was present.

B. ORAL COMMUNICATION
There is no record of public comment.

C. GENERAL GOVERNMENT

1. City Council Workshop on City Goals, Priorities, Core Values and City Council Civic Operating Agreements.

D. ADJOURNMENT
The meeting was adjourned.

Respectfully Submitted
Prepared by: Approved by:

Yudiana Galvan, City Clerk Donald Williams, Mayor
Item #6.1.

APPROVED:

MINUTES

CALISTOGA CITY COUNCIL

SPECIAL CLOSED SESSION
Tuesday, April 4, 2023 - 4:30 PM
Virtual
A. CALL TO ORDER – ROLL CALL
The meeting was called to order at 4:30 p.m., a quorum of the Council was present.

B. ORAL COMMUNICATION
There is no record of public comment.

C. ADJOURN TO CLOSED SESSION ON THE FOLLOWING MATTER:

1. Conference with Labor Negotiator
Agency Negotiator: Laura Snideman (City Manager)
Employee Organizations: Calistoga Police Officers Association (CPOA) D. ADJOURNMENT
The meeting was adjourned to the closed session.

Respectfully Submitted
Prepared by: Approved by:

Yudiana Galvan, City Clerk Donald Williams, Mayor
Item #6.1.

MINUTES

CALISTOGA CITY COUNCIL

REGULAR MEETING
Tuesday, April 4, 2023 - 6:00 PM
Hybrid

1. CALL TO ORDER – ROLL CALL - SALUTE TO THE FLAG
Mayor Williams called the regular session to order at 6:00 p.m.

Present: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift.

Absent:

2. REPORT FROM CLOSED SESSIONS
Mayor Williams stated that the Council met a few hours ago, but there was no reportable action.

3. ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS There was a public comment made regarding a new environmental project.

4. ADOPTION OF MEETING AGENDA
A motion was made by Vice Mayor Lopez-Ortega to adopt the meeting agenda as presented, seconded by Councilmember Eisenberg.

AYES: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift
NOES:

ABSTAIN:

ABSENT:

5. CITY MANAGER’S REPORT
City Manager Snideman provided updates regarding various upcoming events. The bridge by the park is almost completed and Rotary has been helping out. April is sexual assault awareness month and buttons have been distributed to the police department to wear. Teen Fit Program will be happening two days a week starting April 11th and an evening game for the Giants has opened up. Lastly, there is a video contest occurring in regard to water conservation.

6. PROCLAMATIONS/PRESENTATIONS/ AWARDS

6.1. Presentation on parks and recreation department activities.

Parks & Recreation Director Rachel Melick and Katelyn Hackett gave a presentation regarding the Calistoga Pool Services. Melick highlighted various youth sports and sports camps available for kids as well as adult and senior programs. Construction Item #6.1.

City Council Minutes
April 4, 2023
documents are being finalized for the Logvy Park Project.

7. CONSENT CALENDAR
A motion was made by Councilmember Gift to adopt the consent calendar as presented, seconded by Vice Mayor Lopez-Ortega.

AYES: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift.

NOES:

ABSENT:

ABSTAIN:

7.1. APPROVED - Approve the Minutes of the September 6, 2022 City Council Regular Meeting as submitted.

7.2. Adoption of Resolution No. 2023-022 - Approving the Green Committee’s request to research and draft potential ideas for the application of Upper Valley Waste Management Agency’s Grant Program.

7.3. APPROVED - Annual progress report (APR) on the City’s status and progress in meeting its adopted Housing Element (5th Cycle) goals and the Regional Housing Needs Allocation (RHNA) targets. (Government Code Section 65400.)

8. GENERAL GOVERNMENT

8.1. Adoption of Resolution No. 2023-023 - Establishing objectives for the 2023-24 Community Enrichment Grant Program under Account Number 01-4107.

Marni Rittburg spoke regarding the Community Enrichment Grant. The resolution will be confirming the sub-committees laying out the finding objectives and deciding a dollar amount per staff report.

A motion was made by Councilmember Eisenberg to adopt the resolution as proposed and amended, seconded by Vice Mayor Lopez-Ortega.

AYES: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift.

NOES:

ABSENT:

ABSTAIN:

9. COUNCIL REPORTS
Item #6.1.

City Council Minutes
April 4, 2023
Mayor Williams reported that his sub-committee has been meeting regarding the fairgrounds. Williams spoke about the letter the Council received about plastic grass in Pioneer Park.

Vice Mayor Lopez-Ortega attended the Flood Control & Water Conservation meeting and highlighted that Calistoga is close on not being in a drought anymore.

Councilmember Eisenberg would like for the Council to consider a safe storage ordinance for fire arms at a future meeting. Furthermore, Eisenberg spoke regarding the Climate Action Committee and proposals.

10. ADJOURNMENT
Mayor Williams adjourned the meeting.

Respectfully Submitted
Prepared by: Approved by:

Yudiana Galvan, City Clerk Donald Williams, Mayor

Item #6.1.

APPROVED:

MINUTES

CALISTOGA CITY COUNCIL

SPECIAL CLOSED SESSION
Tuesday, April 18, 2023 - 4:00 PM
Virtual
A. CALL TO ORDER – ROLL CALL
Vice Mayor Lopez-Ortega called the meeting to order at 4:04 p.m.

Present: Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift Absent : Mayor Williams
B. ORAL COMMUNICATION
There was no public comment.

C. ADJOURN TO CLOSED SESSION ON THE FOLLOWING MATTER:

1. CONFERENCE WITH LABOR NEGOTIATOR Agency Negotiator: Laura Snideman (City Manager) Employee Organizations: Calistoga Public Employees' Association (CPEA), Calistoga Professional Firefighters' Association (CPFA), Calistoga Police Officers Association (CPOA); and Calistoga Unrepresented Employees CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APNs 011-260- 03, 011-260-02, 020-150-033, and 020-150-008 City Negotiators: City Manager Laura Snideman; Katie Lichtig, Technical/Professional Executive Negotiating Parties: City of Calistoga; Energy Vault, Inc. Under Negotiation: Price and Terms of Lease D. ADJOURNMENT
Vice Mayor Lopez-Ortega adjourned to the closed session at 4:04 p.m.

Respectfully Submitted
Prepared by: Approved by:

Yudiana Galvan, City Clerk Donald Williams, Mayor
Item #6.1.

MINUTES

CALISTOGA CITY COUNCIL

REGULAR MEETING
Tuesday, April 18, 2023 - 6:00 PM

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

Present: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift.

Absent:

2. REPORT FROM CLOSED SESSIONS
Mayor Williams stated that the Council held a closed session regarding a personnel issue and a real estate negotiation, but there was no reportable action.

3. ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS Public comments were made in regards to street conditions, speed cushions and zoning for vendors.

4. ADOPTION OF MEETING AGENDA
A motion was made by Councilmember Gift to adopt the consent calendar as presented, seconded by Councilmember Eisenberg.

5. CITY MANAGER’S REPORT
City Manager Snideman reported that there will be a local health fair at Calistoga Elementary School for the community.

6. PROCLAMATIONS/PRESENTATIONS/ AWARDS

6.1. A presentation was given by Fire Chief regarding Fire Department activities.

7. CONSENT CALENDAR
A motion was made by Councilmember Eisenberg to adopt the consent calendar with a correction to item #7.1, seconded by Vice Mayor Lopez-Ortega.

AYES: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift
NOES:

ABSTAIN:

ABSENT:

Item #6.1.

City Council Minutes
April 18, 2023

7.1. APPROVED - Approve the Minutes of the March 21, 2023 City Council Regular Meeting as submitted. A correction was made to adjournment from Mayor Canning to Mayor Williams and a motion was removed from 9.4 due to there being no need for a vote.

7.2. APPROVED - Authorizing the Mayor to execute a Water Services and Processing Fees Agreement with Calistoga Hills Resorts, LLC.

8. GENERAL GOVERNMENT

8.1. City Council Priorities and Civic Operating Agreements - Mayor Williams and the Council addressed the idea of incorporating a patriotic exercise along with the pledge of allegiance.

A motion was made by Vice Mayor Lopez-Ortega, seconded by Councilmember Eisenberg to adopt the priorities as included in the staff report and as preceded by the list of values and to amend the Civic Operating Agreements to allow the option of an additional patriotic exercise as approved by the Mayor.

Public comments were made in regards to the civic operating agreements.

AYES: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift
NOES:

ABSTAIN:

ABSENT:

9. COUNCIL REQUESTS AND IDEAS FOR DISCUSSION
Mayor Williams discussed the idea of reviewing the food vendor ordinance in response to input. Williams highlighted that him and Cooper continue to meet in regards to the fairgrounds.

Vice Mayor Lopez-Ortega attended the City Leaders Summit in Sacramento to support funding for homeless prevention and boost affordable housing. Lastly, Lopez-Ortega touched upon the food vendors and their importance to the community and farm workers.

Councilmember Cooper attended the committee for the Upper Valley Waste Management and discussed the various upcoming events that will be occurring and a new project that will be implemented as a response to a new state law.

10. ADJOURNMENT
Mayor Williams adjourned the meeting.

Respectfully Submitted
Prepared by: Approved by:

Item #6.1.

City Council Minutes
April 18, 2023
Yudiana Galvan, City Clerk Donald Williams, Mayor
Item #6.1.

MINUTES

CALISTOGA CITY COUNCIL

REGULAR MEETING
Tuesday, May 2, 2023 - 6:00 PM
Hybrid

1. Call to Order – Roll Call – Pledge of Allegiance and Optional Patriotic Activity Mayor Williams called the regular session to order at 6:00 p.m.

Present: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift.

Absent:

2. REPORT FROM CLOSED SESSIONS
There were no closed sessions.

3. ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS There was no oral communication of non-agendized items.

4. ADOPTION OF MEETING AGENDA
A motion was made by Councilmember Cooper to adopt the meeting agenda as presented, seconded by Councilmember Eisenberg.

AYES: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift
NOES:

ABSTAIN:

ABSENT:

5. CITY MANAGER’S REPORT
City Manager Snideman acknowledged and gave thanks to City Clerk Marni Rittburg as it is Rittburg's last meeting.

6. PROCLAMATIONS/PRESENTATIONS/ AWARDS
Mayor Williams recognized a member of the community, Vincent Herndon, for achieving the rank of Eagle Scout and for leading the pledge of allegiance.

7. CONSENT CALENDAR
Councilmember Eisenberg is recused from items 7.3 and 7.4 due to a property proximity conflict.

A motion was made by Councilmember Cooper to adopt the consent calendar as presented Item #6.1.

City Council Minutes
May 2, 2023
with the exception of items 7.5, 7.6 and 7.7 which were pulled for discussion, seconded by Vice Mayor Lopez-Ortega.

AYES: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift
NOES:

ABSTAIN:

ABSENT:

7.1. APPROVED - Approve the Minutes of the October 18, 2022, and the December 6, 2022, City Council Regular Meetings as submitted.

7.2. Adoption of Resolution No. 2023-024 - Temporary increase in the City’s authorized Personnel and Staffing Listing by temporarily increasing the allocated staffing of Fire Chief and of Utilities Systems Superintendent.

7.3. Adoption of Resolution No. 2023-025 - Directing the City Engineer to prepare and file a report for the Palisades Subdivision Landscape Maintenance District 2023/2024 Assessment in accordance with Article 4 of Chapter 1 of the Streets and Highways Code.

7.4. Adoption of Resolution No. 2023-026 - Directing the City Engineer to prepare and file a report for the Silverado Place Subdivision Landscape Maintenance District 2023/2024 Assessment in accordance with Article 4 of Chapter 1 of the Streets and Highways Code.

7.5. Adoption of Resolution No. 2023-027 - Authorizing the City Manager to execute a Consultant Services Agreement with Fehr & Peers to prepare a Fire Evacuation Analysis for the Yellow Rose Ranch project as part of CEQA.

Fehr & Peers gave a virtual analysis regarding fire evacuations possibilities given the existing population and various developments.

Mayor Williams and the Council discussed the analysis with Fehr & Peers and their impact with various projects.

Mayor Williams approved the resolution with a modification to include a weekday and weekend analysis, seconded by Councilmember Gift.

AYES: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift
NOES:

ABSTAIN:

ABSENT:

7.6. Adoption of Resolution No. 2023-028 - Authorizing the City Manager to execute a Item #6.1.

City Council Minutes
May 2, 2023
Consultant Services Agreement with Fehr & Peers to prepare a Fire Evacuation Analysis for the 2565 Grant Street project as part of CEQA.

Mayor Williams approved resolutions 7.6 and 7.7 with a modification to include a weekday and weekend analysis, seconded by Councilmember Cooper.

AYES: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift
NOES:

ABSTAIN:

ABSENT:

7.7. Adoption of Resolution No. 2023-029 - Authorizing the City Manager to execute a Consultant Services Agreement with Fehr & Peers to prepare a Fire Evacuation Analysis for the Kortum Ranch project as part of CEQA.

Mayor Williams approved resolutions 7.6 and 7.7 with a modification to include a weekday and weekend analysis, seconded by Councilmember Cooper.

AYES: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift
NOES:

ABSTAIN:

ABSENT:

7.8. Adoption of Resolution No. 2023-030 - Authorizing the City Manager to execute an Amendment to Consultant Services Agreement No. 917 with M-Group for the preparation of a Wetland Delineation and Rare Plant Survey in support of the EIR for the Kortum Ranch project as part of the CEQA analysis.

8. GENERAL GOVERNMENT

8.1. Adoption of Resolution No. 2023-031 - Rescinding Resolution No. 2021-019 approving the Stage II Water Emergency and adopting a resolution requesting voluntary restrictions of water use under Stage I best management practices.

Public Works Director Derek Rayner spoke in regard to the Stage II Water Emergency.

The Council discussed and asked questions in regard to water management practices and conservation.

Vice Mayor Lopez-Ortega made a motion to rescind the Stage II Water emergency, seconded by Councilmember Eisenberg.

Item #6.1.

City Council Minutes
May 2, 2023
AYES: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift
NOES:

ABSTAIN:

ABSENT:

8.2. Kevin Kostiuk and Megan from Raftelis gave a presentation regarding the Water & Wastewater Rate Study and provided overviews about the rate study process, financial planning, rate alternatives and answered Council questions.

Mayor Williams and the Council discussed the various water rates alternatives tiers and uniform rates residential and non-residential. Mayor Williams concurred with Councilmember Eisenberg's notion to encourage conservation and employ tier rates to the extent defensible.

Mayor Williams and the Council agreed to the concept of debt financing.

8.3. Appointment to Blue Zones Steering Committee
Vice Mayor Lopez-Ortega and Councilmember Eisenberg have volunteered to participate in the Blue Zones Steering Committee.

Mayor Williams made a motion to nominate Vice Mayor Lopez-Ortega to be the representative of the Calistoga City Council on the Blue Zones Steering Committee, seconded by Councilmember Eisenberg.

AYES: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift
NOES:

ABSTAIN:

ABSENT:

9. COUNCIL REPORTS
Mayor Williams attended the NVTA meeting with Councilmember Eisenberg and spoke regarding the delay of the Vine Trail and the forthcoming of a signal at Bothe Park and Highway 29. Furthermore, Williams attended NVTC which deals with tourism and highlighted that there are slightly fewer visitors but the revenue per visitor is generally higher. Williams would like to discuss delinquent water rates and percentages at a future meeting. In addition, Williams would like to look at impaired access mitigation fees and consider it for Calistoga.

Vice Mayor Lopez-Ortega attended the Flood Control & Water Conservation District meeting. Lopez-Ortega acknowledged Civil Engineer Heidary for presenting and representing Calistoga. Lastly, Lopez-Ortega gave recognition to members of the community.

Councilmember Gift gave updates in regard to the Climate Action Committee and the various presentations they had. Gift toured the Napa Recycling and Composting Facility and Item #6.1.

City Council Minutes
May 2, 2023
recognized their achievements in being recognized as the number one compost facility in California and number one in the United States in 2022. Lastly, the Inaugural Napa Climate Summit will take place on May 24th at NVC.

Councilmember Eisenberg spoke about the Napa Valley Transit Association and gave an update about the Calistoga to St. Helena Vine Trail as it should be ready and opened by the Fall. Eisenberg touched upon the notion of electric shuttles and grants.

10. ADJOURNMENT
Mayor Williams adjourned the meeting.

Respectfully Submitted
Prepared by: Approved by:

Yudiana Galvan, City Clerk Donald Williams, Mayor

Item #6.1.

MINUTES

CALISTOGA CITY COUNCIL

REGULAR MEETING
Tuesday, June 11, 2024 - 6:00 PM
1307 Washington Street, Calistoga CA 94515

1. Call to Order/Roll Call/Pledge of Allegiance and Optional Patriotic Activity Mayor Williams called the regular session to order at 6:02 p.m.

Present: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift (remotely per AB2449)

Absent:

2. REPORT FROM CLOSED SESSIONS - NONE

3. ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS Public Comment was made by Charlotte Williams, Indiria Lopez-Jones, Larry Kromman, Lucretia Marcus and Trent Yaconelli.

4. CITY MANAGER’S REPORT
City Manager Snideman reported about three new staff members, Police Officer Roberto Ballines, Public Works Maintenance Tech David King and Public Works Water Tech Alex Cartwright. Also, Concerts in the Park are back and so are other community-building events, such as fitness classes at 6 p.m.

5. PROCLAMATIONS/PRESENTATIONS/ AWARDS - NONE

6. CONSENT CALENDAR
Councilmember Eisenberg is recused from items 6.3 and 6.4 due to a property proximity conflict.

A motion was made by Councilmember Cooper to adopt the consent calendar as presented, seconded by Vice Mayor Lopez-Ortega.

VIA ROLL CALL
AYES: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift.

NOES:

ABSTAIN:

ABSENT:

6.1. Adoption of Resolution No. 2024-42 - Adopting Senate Bill 1 (SB1) Street Improvement Project List for Fiscal Year 2024/25 to maintain compliance with the program and determine that the action authorized by the resolution are exempt from the California Environmental Quality Act.

Item #6.1.

City Council Minutes
June 11, 2024

6.2. Adopting Ordinance No. 771 - Amending Municipal Code Chapter 5.18 Special Events, Section 5.18.030 regarding the applicability of and exemptions from the special event permit requirement to remove the Napa County Fairgrounds from the enumerated list of exempted government agencies.

6.3. Adopting Resolution No. 2024-37 - Accepting the Engineer’s Report for the Palisades Subdivision Landscape Maintenance Assessment District for Fiscal Year 2024-25, declaring the intention of the City Council to levy and collect assessments and setting the date for the public hearing.

VIA ROLL CALL
AYES: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Cooper and Gift
NOES:

ABSTAIN: Councilmember Eisenberg
ABSENT:

6.4. Adopting Resolution No. 2024-38 - Accepting the Engineer’s Report for the Silverado Place Subdivision Landscape Maintenance Assessment District for Fiscal Year 2024-25, declaring the intention of the City Council to levy and collect assessments and setting the date for the public hearing.

VIA ROLL CALL
AYES: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Cooper and Gift
NOES:

ABSTAIN: Councilmember Eisenberg
ABSENT:

6.5. APPROVED - Adoption of the Minutes for 2/7/23, 2/21/23, 4/30/24 and 5/21/24.

6.6. Adoption of Resolution No. 2024-39 - Approving the closeout of five CDBG grants, including accomplishments, disencumbrance of funds, and acceptance of the final products for the planning-only grants.

7. PUBLIC HEARING

7.1. Adoption of Ordinance No. 770 - Amending regulations concerning ADU development for consistency of such development within the city’s municipal code and with state law.

8. GENERAL GOVERNMENT

8.1. Adoption of Resolution Nos. 2024-40 & 2024-41 - Adopting the Fiscal Year 24/25 Budget, Annual Appropriations Limit and Salary Schedule.

Item #6.1.

City Council Minutes
June 11, 2024
This item was presented by Administrative Services Director Connie Cardenas.

Public comment was made by by Trudy B., Larry Kromman and Eric Reichert.

Council discussed the item and asked clarifying questions.

Mayor Williams made a motion to adopt the FY 24/25 Budget, approving $5,000 to continue the Economic Diversification Grant and $5,372 to Community Enrichment Grants, Seconded by Councilmember Cooper
AYES: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift
NOES:

ABSTAIN:

ABSENT:

Mayor Williams made a motion to adopt the Gann Limit Resolution, seconded by Councilmember Cooper.

AYES: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift
NOES:

ABSTAIN:

ABSENT:

9. COUNCIL REPORTS
Councilmember Eisenberg requested that staff bring back the Mobile Food Vending item on a future agenda as the private property owner withdrew his offer to let mobile food vendors use his lot, Vice Mayor Lopez-Ortega and Councilmember Gift concurred.

Councilmember Gift requested staff look into using the Celebrate Napa Valley's 501 (c)(3) for Fairground business, as opposed to applying for a new one a it could be costly and take a long time.

Councilmember Cooper attended a community meeting with Mayor Williams and attended a committee meeting.

Mayor Williams attended a NVTA meeting and shared statistics about their ridership decline.

10. ADJOURNMENT
Mayor Williams adjourned the meeting, at 7:30 p.m.

Respectfully Submitted
Prepared by: Approved By:

Yudiana Galvan,City
Clerk Donald Williams, Mayor
Item #6.1.

MINUTES

CALISTOGA CITY COUNCIL - SPECIAL CLOSED SESSION
Wednesday, June 12, 2024 - 9:30 AM
1307 Washington Street, Calistoga CA 94515
A. CALL TO ORDER – ROLL CALL
Mayor Williams called the meeting to order at 9:35 a.m.

Present: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift.

Absent:

Also present were City manager Snideman and City Attorney Michelle Kenyon.

B. ORAL COMMUNICATION
There was no oral communication.

C. ADJOURN TO CLOSED SESSION ON THE FOLLOWING MATTER:

1. 1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov. Code §§ 54956.9(d)(2) and 54956.9(e)(1)
Number of Potential Cases: One

2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code §54957 (b)(1))
Title: City Manager

3. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code §54957.6)
Agency Designated Representative(s): Michelle Marchetta Kenyon; Unrepresented Employee: City Manager
D. ADJOURNMENT
Mayor Williams adjourned the closed session at 9:38 a.m.

Item #6.1.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Mitch Celaya, Chief
Meeting: City Council - Jul 09 2024
Subject: CHP Cannabis Tax Funding Grant Acceptance
DESCRIPTION:

Authorize the Calistoga Police Department to accept a California Cannabis Tax Fund Grant Award in the amount of $77,606.15.

RECOMMENDATION:

Adopt a Resolution to accept the California Cannabis Tax Fund Program award.

BACKGROUND/SUMMARY:

On April 25, 2024, the Calistoga Police Department (CPD) submitted a grant application to the California Highway Patrol (CHP) for the purpose of conducting education, prevention, and the enforcement of laws relating to driving under the influence (DUI) of alcohol and other drugs, including cannabis and cannabis products. The grant is funded by the California Cannabis Tax Fund Grant Program designed to provide financial assistance to Small and Mid-size Law Enforcement agencies. The grant period is fiscal year 2024-25 and no matching funds or financial obligations are required by the police department. On June 7, 2024, CPD received a letter from the California Highway Patrol Enforcement and Planning Division advising CPD was awarded $77,606.15 (see attached Grant Application and Award Letter).

The intent of the grant program is to educate the public regarding the dangers of impaired driving, enforce impaired driving laws on the roadway, and improve police department's effectiveness through training and development of new strategies. CPD's obligations and requirements under this grant are the following:
 Conduct eight DUI Saturation Patrol activities, two per quarter.  Conduct two DUI Checkpoints, one in the first quarter and one in the fourth quarter.  Conduct six educational presentations at the high school, to include Parent Night presentations.
 Submit quarterly reports on grant progress and achievements.

Awarded grant funds are approved to fund and purchase the following to support grant activities (see Grant Budget Summary for details):
 Officer overtime required to conduct all grant enforcement activities.  Officer overtime required to conduct all presentations and educational outreach activities.  Provide all officers additional traffic enforcement training.  Two Solar Electronic Message Boards
Item #6.2.

 One pallet of traffic cones (approximately 200 traffic cones)  Fifteen Traffic vests
 Two pop-up road signs
 Brochures, flyers, and any materials needed for or directly support grant presentations and educational outreach activities.

The grant period began July 1, 2024, and ends June 30, 2025. CHP is the State department managing the Cannabis Tax Fund Grant Program and requires the City's governing body to authorize CPD to receive the grant award (see attached Resolution).

ANALYSIS:

Calistoga has two state highways traversing through its jurisdiction and is at the crossroads of Napa County, Lake County, and Sonoma County. This has contributed to and the source of traffic complaints that include the reporting of drunk driving, reckless driving, and speeding. CPD does not have the financial resources or equipment to adequately address these complaints. This grant will provide CPD the funding to purchase equipment and conduct DUI specific enforcement, community education, and training to all CPD officers.

CEQA STATUS:

Not Applicable
FINANCIAL IMPACT:

None. Grant Award funds all overtime salaries, equipment, and materials to support grant activities.

ATTACHMENT(S):

CHP Cannabis Tax Fund Grant Program Acceptance Resolution 062124 FY24-25 CTFGP Intent to Award – Calistoga PD
Calistoga PD - CTFP Application
APPROVAL(S):

Connie Cardenas, Admin. Services Director Approved - Jun 27 2024 Laura Snideman, City Manager Approved - Jul 01 2024
Yudiana Galvan, City Clerk Approved - Jul 01 2024
Item #6.2.

RESOLUTION NO. 2024-XXX

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

NAPA, STATE OF CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF GRANT FUNDS IN THE AMOUNT OF $77,606.15 FROM THE STATE OF CALIFORNIA

DEPARTMENT OF CALIFORNIA HIGHWAY PATROL AND AUTHORIZING THE

CITY MANAGER TO EXECUTE APPLICATIONS AND DOCUMENTS FOR THE

PURPOSES OF ACCEPTING THE GRANT FUNDS FROM THE CANNABIS TAX

FUND GRANT PROGRAM
WHEREAS, the Department of California Highway Patrol requires that the Calistoga City Council approve a resolution in order to accept grant funding; and WHEREAS, the City of Calistoga desires to accept the Cannabis Tax Fund Grant Program funds for fiscal year 2024-25; and
WHEREAS, the grant requires the City of Calistoga to enter into a Memorandum of Understanding with the California Department of Justice that outlines the administration and executions of the grant; and

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

1. That the foregoing recitals are true and correct and are incorporated herein by this reference.

2. That the City Manager or designee is hereby authorized to execute and submit for and on behalf of the City of Calistoga, a local government established under the laws of the State of California, applications and other related documents, including agreements amendments, extensions, and grant award documents, for the purpose of obtaining grant funding from the Cannabis Tax Fund Grant Program.

3. That this authorization shall be in effect for the duration of FY 2024-25 grant periods.

PASSED, APPROVED AND ADOPTED this 9th day of July 2024. I, YUDIANA GALVAN, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTACHMENT 1
Item #6.2.

Resolution No. 2022-XXX

ATTEST: APPROVED:
____________________________ __________________________ Yudiana Galvan, City Clerk Donald Williams, Mayor
Item #6.2.

State of California -- Transportation Agency GAVIN NEWSOM, Governor

DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
Safety, Service, and Security An Internationally Accredited Agency 601 North 7th Street
Sacramento, CA 95811
(916) 843-4360
(800) 735-2929 (TT/TDD)
(800) 735-2922 (Voice)
June 6, 2024
File No.: 060.15426.14597.066.2024.00000
Officer Samantha Arlen
Calistoga Police Department
1235 Washington Street
Calistoga, CA 94515
Dear Officer Arlen:

On behalf of the California Highway Patrol (CHP), it is my pleasure to inform you, the Calistoga Police Department, is conditionally approved for Cannabis Tax Fund Grant Program (CTFGP) funding in the amount of $77,606.15. The purpose of this grant funding is to help your agency reduce and mitigate the impacts of impaired driving in your community.

The official Grant Agreement for signature is forthcoming. In order to execute your Grant Agreement, please provide documentation from a local governing body, authorizing your organization to receive this grant funding, to the Cannabis Grants Unit, by email at [email protected], as soon as possible.

Refer to California Code of Regulations Title 13, Division 2, Chapter 13, Section 1890.13(g) for additional information.

The CHP looks forward to partnering with you and your agency on this project in an effort to make California’s roadways a safer place to travel. If you have any questions, please feel free to contact the Cannabis Grants Unit at (916) 843-4360.

Sincerely,
K. M. DAVIS, Chief
Enforcement and Planning Division
Item #6.2.

Calistoga Police Department
Prepared by Calistoga PD
for California Highway Patrol (CHP) Law Enforcement: Small and Mid-Size Organizations/Agencies FY2024/2025 Submitted by Samantha Arlen
Submitted on 04/25/2024 3:15 PM Pacific Standard Time
Item #6.2.

Opportunity Details
Opportunity Information
Title
Law Enforcement: Small and Mid-Size Organizations/Agencies FY2024/2025 Description
Law Enforcement grants provide financial assistance to allied agencies for the education, prevention, and the enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis and cannabis products.

The intent of the program is to educate the public regarding the dangers of impaired driving, enforce impaired driving laws on the roadway, and improve the Organization/Agency’s effectiveness through training and development of new strategies.

Awarding Agency Name
California Highway Patrol
Agency Contact Name
Cannabis Grants Unit (CGU)
Agency Contact Phone
916-843-4360
Agency Contact Email
[email protected]
Fund Activity Categories
Education, Law, Justice and Legal Services
Opportunity Manager
Cannabis Grants Unit (CGU)
Opportunity Posted Date
1/9/2024
Public Link
https://www.gotomygrants.com/Public/Opportunities/Details/468aa0b8-b253-4f24-b655-b0bf6cf72569 Is Published
Yes
Funding Information
Funding Sources
State
Funding Source Description
With the passage of Proposition 64 in 2016, The Control, Regulate, and Tax Adult Use Marijuana Act (AUMA), California voters mandated the state to set aside funding for the CHP to provide grants to local governments and Qualified Nonprofit Organizations for the education, prevention, and enforcement of impaired driving laws pursuant to Section 34019 (f)(3)(B) Revenue and Taxation Code (RTC).

Funding Restrictions
State Agencies/Departments, please refer to Section 34019 (f)(3)(B) RTC and California Code of Regulations, Title 13, Division 2, Chapter 13, for additional information.

Calistoga Police Department
Calistoga PD
Item #6.2.

Award Information
Award Range
$500,000.00 Ceiling
Award Period
07/01/2024 - 06/30/2025
Award Type
Competitive
Indirect Costs Allowed
No
Matching Requirement
No
Submission Information
Submission Timeline Type
One Time
Submission Timeline Additional Information
GRANT APPLICATIONS ARE DUE FEBRUARY23, 2024, BY5:00 PM PST Grant Applicants are advised to ask submittal questions well before the deadline. The Cannabis Grants Unit (CGU) cannot guarantee an immediate response and the Grant Management System (GMS) will automatically close at 5:00 PM PST. Once a Grant Application is submitted through the GMS, Grant Applicants may not add, edit, or delete any Grant Application information.

Question Submission Information
Question Submission Email Address
[email protected]
Eligibility Information
Eligibility Type
Public
Additional Eligibility Information
Small and Mid-Size Law Enforcement Organizations/Agencies, with the primary function of enforcing traffic laws, which includes responding to calls, making arrests, and issuing citations, pursuant to the California Penal Code, California Vehicle Code, and California Health and Safety Code
Small-Size Law Enforcement Organizations/Agencies: 100 employees or less Mid-Size Law Enforcement Organizations/Agencies: 500 employees or less Additional Information
Additional Information URL
https://www.chp.ca.gov/programs-services/programs/cannabis-tax-fund-grant-program Award Administration Information
State Award Notices
Awards will be announced in May and June 2024.

Calistoga Police Department
Calistoga PD
Item #6.2.

Administrative and National Policy Requirements
The California Highway Patrol (CHP) adopted regulations within Title 13 of the California Code of Regulations (CCR), Division 2, by adding Chapter 13, which govern the CHP, Cannabis Tax Fund Grant Program.

These regulations outline:
* Grant Provisions
* Grant Project Types
* Specific Grant Application Requirements
* Grant Evaluation Criteria
* Necessary Administrative Procedures for the Program
Regulations can be found at:
https://www.chp.ca.gov/programs-services/programs/cannabis-tax-fund-grant-program/program-regulations Reporting
Quarterly Reporting is required and due within 14 calendar days after the close of each quarter.

Quarter One (Q1): July 1 - September 30
Quarter Two (Q2): October 1 - December 31
Quarter Three (Q3): January 1 - March 31
Quarter Four (Q4): April 1 - June 30
Other Information
Please ensure your Organization/Agency has the capability to electronically sign required documents (ex: Grant Agreement).

Calistoga Police Department
Calistoga PD
Item #6.2.

Project Information
Application Information
Application Name
Calistoga Police Department
Award Requested
$77,606.15
Total Award Budget
$77,606.15
Primary Contact Information
Name
Samantha Arlen
Email Address
[email protected]
Address
1235 Washington Street, Calistoga, CA, USA
Calistoga, CA 94515
Phone Number
707-312-6117

Calistoga Police Department
Calistoga PD
Item #6.2.

Project Description

1. Organization/Agency Representatives
Organization/Agency Section/Unit (subdivision) to administer the Grant Agreement Calistoga Police Department/Grant Unit
Organization/Agency Representative
Please complete the following fields with appropriate Organization/Agency representatives, as applicable.

The Authorized Official is authorized to enter into a Grant Agreement with signing authority.

The Authorized Financial Contact maintains financial records, documentation, and recipient of warrant.

The Administrative Contact is responsible for day-to-day administration.

Authorized Official Name (first and last)
Andre Charles
Authorized Official Title
Police Lieutenant
Authorized Official Address (street, city, state, zip code) 1235 Washington Street, Calistoga, CA, USA
Official Address to Receive Reimbursement Payment - MUST MATCH FI$CAL FORM (street, city, state, zip code) 1232 Washington Street, Calistoga, CA, 94515 USA
Authorized Official Phone Number (with area code)
707-942-2777
Authorized Official Email Address
[email protected]
Authorized Financial Contact Name (first and last)
Samantha Arlen
Authorized Financial Contact Title
Grant Officer
Authorized Financial Contact Phone Number (with area code) 707-312-6117
Authorized Financial Contact Email Address
[email protected]
Administrative Contact Name (first and last)
Samantha Arlen
Administrative Contact Title
Grant Officer
Administrative Contact Phone Number (with area code)
707-312-6117
Administrative Contact Email Address

Calistoga Police Department
Calistoga PD
Item #6.2.

[email protected]

Calistoga Police Department
Calistoga PD
Item #6.2.

2. Senate/Assembly/Congressional/County Information
To determine the State Senate District(s), State Assembly District(s), and California Congressional District(s), copy and paste the below URL in your browser and search:
https://gis.data.ca.gov/maps/CDEGIS::legislative-districts-in-california-2/about Select one or more State Senate District(s) where the proposed Project activities will occur. To make multiple selections, hold down the Ctrl key and click each one.

State Senate 03
Select one or more State Assembly District(s) where the proposed Project activities will occur. To make multiple selections, hold down the Ctrl key and click each one.

State Assembly 04
Select one or more California Congressional District(s) where the proposed Project activities will occur. To make multiple selections, hold down the Ctrl key and click each one.

California Congressional District 04
Select one or more California counties where the proposed Project activities will occur. To make multiple selections, hold down the Ctrl key and click each one.

Napa
Number of residents (population) that your Organization/Agency serves. 5200

Calistoga Police Department
Calistoga PD
Item #6.2.

3. Statistical Data
Ensure the responses below are accurate and align with the statistical data provided within the Grant Application. If a question is not applicable, please input "0" or "N/A".

How many schools are in your jurisdiction?
Elementary Schools Middle Schools High Schools Colleges/Universities Number of Schools 1 1 2 0
How many law enforcement personnel are within your Organization/Agency? 11 Does your Organization/Agency have specifically designated traffic enforcement personnel who conduct driving under the influence (DUI) enforcement operations?
Yes
No
How often does your Organization/Agency conduct DUI enforcement activities (ex: DUISaturation Patrols, DUI Checkpoints)?
Weekly Average Monthly Average Yearly Average
Enforcement Activities 0 0 0
How many law enforcement personnel have attended Standard Field Sobriety Test (SFST), Advanced Roadside Impaired Driving Enforcement (ARIDE), and/or Drug Recognition Evaluator (DRE) training?

SFST ARIDE DRE
Number of Trained Law Enforcement Personnel 6 3 0
How many certified DREs does your Organization/Agency currently have? 0 How many law enforcement personnel are certified SFST and/or DRE Instructors?

SFST DRE
Number of Certified Instructors 0 0
What in-service training does your Organization/Agency offer related to DUI/DUID? Currently we have no in-service trainings related to DUI/DUID.

Is training conducted at your Organization/Agency or at an alternate facility? WithinOrganization/Agency
Alternate Facility
Do law enforcement personnel participate in training with local city attorneys and/or district attorneys? Yes
No
Grant Funded Equipment
Have Cannabis Tax Fund Grant Program Grant Funds been utilized to purchase equipment (an acquisition cost of at least $5,000)?
Yes

Calistoga Police Department
Calistoga PD
Item #6.2.

No
If yes, list EACH equipment item and fiscal year of the Grant Agreement.

EXAMPLE ONLY
FY21-22 = Two Message Boards
FY22-23 =One DUI Vehicle

Calistoga Police Department
Calistoga PD
Item #6.2.

4. Project Description
Project Types: Please select project type(s) applicable to your Project.

Law Enforcement Training
Public Education and/or Prevention
Enforcement Efforts
Provide a brief overview/synopsis (a paragraph) of the proposed Project. PLEASE DO NOT COPYAND PASTE TABLES IN FIELD - TYPE INFORMATION IN FIELD.

Law Enforcement Training-Send all sworn personnel to 11550 school and send new officers to SFST and ARIDE.

Public Education and Presentations-Conduct outreach and presentations to local schools (students) and public education through social media campaigns, power point presentations and community engagement at local service group meetings. Provide parents and caregivers with driver resources and information for teen drivers.

Enforcement Efforts-Conduct traffic enforcement operations that focus on DUI operations, saturation patrols, speed law violations, traffic violations and distracted driving.

Calistoga Police Department
Calistoga PD
Item #6.2.

5. Problem Statement & Proposed Solution
Clearly identify the problem/need (Problem Statement) in your local community that will be addressed by the Project. Then, clearly identify the Proposed Solution to address the problem/need. If applicable, provide recent and high-level statistical data that directly supports the problem/need in your local community. PLEASE DO NOT COPYAND PASTE TABLES IN FIELD - EITHER TYPE INFORMATION IN FIELD OR ATTACH DOCUMENT.

Calistoga is a rural city located at the northern most point of the Napa Valley. Calistoga is a prime tourist destination.

We are home to approximately 5200 residents with a population of 51% Latino and approximately 85% of our school age population is Latino. Our city is located at the crossroads to two major counties of Lake and Sonoma, which are known for major marijuana cultivation and growth which our youth population is exposed to. We have limited public transportation resources which is a contributing factor to impaired driving and traffic related incidents.

We have not had the funding to effectively address the ongoing traffic related issues in the City of Calistoga. We have a high volume of DUIrelated offenses within city limits due to being located in the heart of wine country in Napa County.

We have ongoing issue of unlicensed adult and teen drivers with the need for more education and community outreach on the topic.

The proposed solution to these issues would be to effectively conduct DUI enforcement (checkpoints), roving saturation patrol, educational outreach and parent/teen presentations. We need these specific efforts to be conducted to make an impact on the community of Calistoga and the residents who reside here.

Statistical Data/Report(s)

Calistoga Police Department
Calistoga PD
Item #6.2.

6. Performance Measures/Scope of Work
Detail EACH Project activity/item below, which will serve as your goals and objectives for the Project. For EACH goal/objective, include estimated timelines (ex: monthly, quarterly), quantitative measurements (ex: reduction of DUI/DUID by %), and justification detailing how it will enhance/support the Project. NOTE: These goals and objectives must be consistent with the Budget. PLEASE DO NOT COPYAND PASTE TABLES IN FIELD - TYPE INFORMATION IN FIELD. 8 DUISaturation Patrols (Q1=2, Q2=2, Q3=2, Q4=2): Aim to reduce DUI/DUID by 15%, which will improve roadway safety in the community.
2 DUICheckpoints (Q2=1, Q4=1): Aim to reduce DUI/DUID by 10%, which will help reduce the number of impaired drivers in the community.
2 Message Boards for DUICheckpoints and Educational Messages (Q1=Purchase, Q2=Receive, Q2-Q4=Use equipment to complete DUI checkpoints and education): Equipment will be used to notify the public of an approaching DUI checkpoint and used to display educational messaging and campaigns against driving under the influence. 15 High Visibility Patrol Vests (Q1=Purchase, Q2=Receive, Q2-Q4=Use equipment to complete DUI checkpoints and officer safety): Equipment will be used to promote high visibility during DUICheckpoint and DUI saturation patrols. 2 Pop Up Road Signs (Q1=Purchase, Q2=Receive, Q2-Q4=Use equipment to complete DUI checkpoints and officer safety): Equipment will be used to notify the public of an approaching DUI checkpoint. 1 Pallet of Traffic Cones (Q1=Purchase, Q2=Receive, Q2-Q4=Use equipment to complete DUI checkpoints):

Equipment will be used to notify the public of an approaching DUI checkpoint and used for DUI lanes.

Flyers/Brochures for Educational Outreach and Presentations (Q1=Purchase, Q2=Receive, Q2-Q4=Use for education):

Equipment will be used for educational messaging and campaigns against driving under the influence. 6 Educational Presentations at local high schools (Q1 = 1, Q2 = 2, Q3 = 1, Q4 = 2): Aim to contact at least 20 students each quarter to increase awareness of driving under the influence. The presentations will educate students on the implications of driving impaired. Parent Night presentations will aim to reach 15 parents every other quarter on the dangers of student drivers and implications of driving under the influence.

EXAMPLE ONLY
16 DUI Saturation Patrols (Q1 = 4, Q2 = 4, Q3 = 4, Q4 = 4): Aimto reduce DUI/DUID deaths by 10%, which will improve roadway safety in the community.
2 DUI Checkpoints (Q2 = 1, Q4 = 1): Aimto reduce DUI/DUID by 15%, which will reduce the number of impaired drivers in the community.
4 Message Boards for DUI Checkpoints and Educational Messaging (Q1 = Purchase, Q2 = Receive, Q2-Q4 = Use to complete DUI Checkpoints and education): We will utilize the Message Boards to notify the public of an approaching DUI Checkpoint. In between DUI Checkpoints, we will display educational messaging against driving under the influence.
4 Educational Presentations at local high schools (Q1 = 1, Q2 = 1, Q3 = 1, Q4 = 1): Aimto contact at least 100 students each quarter to increase awareness of driving under the influence. The presentations will educate students on the implications of driving impaired.

Calistoga Police Department
Calistoga PD
Item #6.2.

7. Project Performance Evaluation
Provide the method of evaluation to show Project effectiveness and positive impact(s) on the community. These strategies shall include captured quantitative/qualitative data and a communication plan to share Project results with both internal and external stakeholders. PLEASE DO NOT COPYAND PASTE TABLES IN FIELD - TYPE INFORMATION IN FIELD.

The method of evaluation to show project effectiveness and positive impact on the community will be captured through data (sign in rosters) and program evaluation forms. Students will also be given a knowledge quiz to access their understanding of the information taught to them.

Methods used in the field to evaluate project effectiveness will be based on statistical data accrued during grant approved activities such as DUI checkpoint and saturation patrols. These numbers will be crossed checked with previous years data for DUI/DUID arrests and citations prior to grant funding.

The communication plan that will be used to share project results will include a written synopsis of data collected during the grant cycle and outcome of project goals. These results will be shared with internal and external stakeholders through personations and oral communication.

Calistoga Police Department
Calistoga PD
Item #6.2.

8. Program Sustainability
Describe the plan for reducing reliance on future grant funding. Include a summary and timeframe to continue efforts when grant funds are either not available or significantly reduced. PLEASE DO NOT COPYAND PASTE TABLES IN FIELD - TYPE INFORMATION IN FIELD.

The plan for reducing reliance on future grant funding will heavily rely on funding provided through the city of Calistoga and specific budgets allocated to continue efforts to reduce impaired driving. Community efforts will be addressed through our School Resource Officer to continue student engagement and education in regard to the dangers of impaired driving. The timeframe for this would be in the following fiscal budget year after grant funding is exhausted.

Calistoga Police Department
Calistoga PD
Item #6.2.

9. Administrative Support
Describe the administrative support, including the Organization/Agency’s grant experience, personnel, and physical resources needed to successfully implement the Project. PLEASE DO NOT COPYAND PASTE TABLES IN FIELD - TYPE INFORMATION IN FIELD.

Our organization has three years of grant funding experience regarding QPR data reporting and reimbursement processing. The physical resources needed to successfully implement the project goals will be executed by our current grant funded officer and Operations Lieutenant.

Calistoga Police Department
Calistoga PD
Item #6.2.

10. Other Grant Programs
Impaired Driving Enforcement Funding
Has your Organization/Agency previously received grant funding for impaired driving enforcement? Yes
No
If yes, detail the outcome. PLEASE DO NOT COPYAND PASTE TABLES IN FIELD - TYPE INFORMATION IN FIELD.

Other Grant Programs
Has or will your Organization/Agency submit a proposal to another grant program for this Project (ex: funds for the same components as this Project, or for similar/related components that will be completed during the same time period as this Project)?
Yes
No
If yes, detail the granting Organization/Agency. In addition, clearly distinguish which tasks would be funded by the CTFGP and which tasks would be funded by another Organization/Agency. PLEASE DO NOT COPYAND PASTE TABLES IN FIELD - TYPE INFORMATION IN FIELD.

We have applied for grant funding throughOTS (Office of Traffic Safety) with similar components that include DUI checkpoint and saturation patrols. Please note, we have not been awarded any funding throughOTS and this is our first time applying for any funding. The OTS grant funding heavily focuses on training opportunities and DUI checkpoints and situation patrols.

Are any personnel dedicated to this Project funded by other sources/grants? Yes
No
If yes, detail which source/grant. PLEASE DO NOT COPYAND PASTE TABLES IN FIELD - TYPE INFORMATION IN FIELD.

Calistoga Police Department
Calistoga PD
Item #6.2.

11. Terms and Conditions
By submitting your Grant Application, you agree to the following Terms and Conditions:

I certify, under penalty of perjury, that the information I entered in this Grant Application is true and complete to the best of my knowledge. I further understand that any false, incomplete, or incorrect statements may result in my disqualification from the grant process or dismissal from receiving grants funded by the California Highway Patrol (CHP), Cannabis Tax Fund Grant Program. I authorize the California Highway Patrol, Cannabis Grants Unit (CGU), to investigate referenced documents or other documents submitted to the program to check the accuracy of the information provided.

I agree with the Request for Application, the above Terms and Conditions, and the California Code of Regulations, Title 13, Division 2, Chapter 13, Sections 1890.00 through 1890.27.

IAgree
When using the GMS (AmpliFund), I authorize the state to take my requested action by an electronic means and authorize the state to accept the combination of my User ID and password in lieu of my written signature.

IAgree
My password is unique to me and is to remain confidential. Iwill not allow other individuals to use my User ID and password to access the GMS (AmpliFund).

IAgree
It is my responsibility to maintain the confidentiality of GMS (AmpliFund) information.

IAgree
Once I submit the Grant Application, I am unable to add, edit, or delete anyGrant Application information.

IAgree
Confidentiality Notice: All documents submitted as a part of the Cannabis Tax Fund Grant Program Grant Application are public documents and may be subject to a request pursuant to the California Public Records Act. The CHP, CGU, cannot ensure the confidentiality of any information submitted in or with this Grant Application (Gov. Code, § 6250 et seq.).

IAgree
Generated Income Disclaimer: There will be no program income generated from this grant. Nothing in this Grant Application shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations, in pursuance of the goals and objectives. Although special emphasis will be placed upon violations specific to this Grant Application, appropriate enforcement action will be taken for all observed violations.

IAgree
Financial Information Systemfor California Government Agency Taxpayer ID (FI$Cal Form) A FI$Cal Form is required for reimbursement. If the Grant Applicant does not have a completed FI$Cal Form at final Grant Application submission time, the Grant Applicant may submit the completed FI$Cal Form via email to CGU prior to execution of the Grant Agreement. NOTE: The “Remit-To Address" on the FI$Cal Form MUST match the “Official Address to Receive Reimbursement Payment” you entered in Form #1. Organization/Agency Representative. This address shall be the official address on file with FI$Cal and the State Controller’s Office (SCO) to receive warrants (Reimbursement Request Payments). Forms are located on the Cannabis Tax Fund Grant Program's website at https://www.chp.ca.gov/programs-services/programs/cannabis-tax-fund-grant-program.

IAgree
FI$Cal Form
City Council or County Resolution
A county, city, district, or other public body shall provide a copy of a resolution, order, motion, or ordinance of local governing body, which by law has the authority to enter into an agreement authorizing execution of a Grant Agreement. If the Grant Applicant does not have a signed resolution at final Grant Application submission time, the Grant Applicant may submit a signed resolution via email to CGU prior to execution of the Grant Agreement. NOTE: The resolution MUST explicitly state the Organization/Agency has delegated authority to enter into a Grant Agreement for the requested amount.

IAgree

Calistoga Police Department
Calistoga PD
Item #6.2.

Calistoga Police Department
Calistoga PD
Item #6.2.

Budget
Proposed Budget Summary
Expense Budget
Grant Funded Total Budgeted
Personnel
DUICheckpoint $10,368.00 $10,368.00
DUISaturation Patrol $13,824.00 $13,824.00
Educational Presentations $5,184.00 $5,184.00
Subtotal $29,376.00 $29,376.00
Equipment
Solar Electronic Message Board $41,790.00 $41,790.00
Subtotal $41,790.00 $41,790.00
Other Direct Costs
DUICheckpoint Supplies $5,569.15 $5,569.15
Safety Flyers & Brochures $871.00 $871.00
Subtotal $6,440.15 $6,440.15
Total Proposed Cost $77,606.15 $77,606.15
Revenue Budget
Grant Funded Total Budgeted
Grant Funding
Award Requested $77,606.15 $77,606.15
Subtotal $77,606.15 $77,606.15
Total Proposed Revenue $77,606.15 $77,606.15
Proposed Budget Detail
See attached spreadsheet.

Proposed Budget Narrative
Personnel
Costs may include compensation for wages, such as overtime, and benefits (annual leave and sick leave) for work directly related to, and consistent with, the Project. Personnel hours will be awarded based on the number of grantfunded Project activities approved by CGU. To be eligible for reimbursement, personnel services must occur within

Calistoga Police Department
Calistoga PD
Item #6.2.

the Project Performance Period. Please note, full salary positions are not allowed. Itemize separate Budget line items by Project activity (ex: one Budget line item for DUISaturation Patrol; one Budget line item for DUI Checkpoint). Combine wages and benefits in the same Budget line item for each Project activity. For EACH Budget line item, the narrative shall include the below: * Number of times Project activity will occur * Classification(s) working Project activity * Rate of pay for each classification working Project activity (notate regular or overtime pay) * Number of hours for each classification working Project activity EXAMPLE 16 DUISaturation Patrols = $9,600 2 Officers per patrol / Officer = OT $60 per hour 5 hours per patrol / 80 hours per Officer / 160 hours DUI Checkpoint
2 DUICheckpoint = $10,368 6 Officers Officer OT= $108 per hour 8 hours per officer 96 hours total DUI Saturation Patrol
8 DUISaturation Patrols = $13,824 2 Officers per patrol Officer OT= $108 per hour 8 hours per officer 128 hours total
Educational Presentations
6 Educational Presentations = $5,184 2 Officers per presentationOfficer OT= $108 per hour 4 hours per officer 48 hours total
Equipment
Costs may include non-expendable, tangible, personal property having a normal useful life of more than one year, and an acquisition cost of at least $5,000 (ex: four identical assets, which cost $1,250 each, for a total of $5,000, are not considered an equipment purchase). Equipment shall be directly related and necessary to complete grantfunded activities included in the Project. Equipment should be purchased at the beginning of the Project Performance Period to ensure it is utilized when completing corresponding Project activities. If requesting equipment, the Project shall contain a correlating grant-funded Project activity (ex: Message Board for DUI Checkpoints). DUISaturation Patrol equipment approved by CGU may utilize eligible outfitting expenses, which only include emergency lights, sirens, radio, and transport partition (cage). To be eligible for reimbursement, equipment must be purchased and received within the Project Performance Period. Itemize separate Budget line items for each Equipment item. For EACH Budget line item, the narrative shall include the below: * Description of equipment item * Quantity * Unit cost and total cost
Solar Electronic Message Board
Message Board for DUICheckpoints. 2 Message Boards Unit Cost = $21, 895 Total Cost = $41, 790 Other Direct Costs
Costs may include operational costs. Other Direct Costs shall be directly related and necessary to complete grantfunded activities included in the Project. Other Direct Costs should be purchased at the beginning of the Project Performance Period to ensure they are utilized when completing corresponding Project activities. DUISaturation Patrol Other Direct Costs approved by CGU may utilize eligible outfitting expenses, which only include emergency lights, sirens, radio, and transport partition (cage). To be eligible for reimbursement, Other Direct Costs must be purchased and received within the Project Performance Period. Itemize separate Budget line items for eachOther Direct Costs item. For EACH Budget line item, the narrative shall include: * Name/description of Other Direct Costs * Quantity * Unit cost and total cost EXAMPLE Message Board = $20,000 $4,000 each / 4 = $20,000 Wrap/Decals for DUI/DUID Trailer = $275 Decals = $200 / Installation = $75 Cones = $170 $70 each / 10 = $170 DUI Checkpoint Supplies
Traffic Cones for DUICheckpoints. 1 pallet (28' of 200 cones) Unit Cost = $4,995 Total Cost = $4,995 Pop Up Road Signs- Be Prepared to Stop 2 Signs Unit Cost = $99.95 Total Cost = $199.90 High Visibility Vests for DUI Checkpoints 15 Vests Unit Cost = $24.95 Total Cost = $374.25 Safety Flyers & Brochures

Calistoga Police Department
Calistoga PD
Item #6.2.

Drinking and Driving Calculator (English/Spanish) Unit Cost $0.54 Quantity 900 Total Cost $516.00 Parent Guide to Drug/Alcohol Abuse (English/Spanish) Unit Cost $0.71 Quantity 500 Total Cost $355.00

Calistoga Police Department
Calistoga PD
Item #6.2.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Jul 09 2024
Subject: Notice of Completion for the 2024 Slurry Seal Project, Phase II DESCRIPTION:

Consideration of a Resolution Accepting a Notice of Completion for the 2024 Slurry Seal Project, Phase II.

RECOMMENDATION:

Consider adopting resolution.

BACKGROUND/SUMMARY:

On April 30, 2024, the City Council approved a construction budget in an amount not to exceed $650,000 and awarded a contract in the amount of $525,325 to VSS International, Inc.,for construction of the 2024 Slurry Seal Project, Phase II. The Notice to Proceed was issued on May 20, 2024. The construction of the 2024 Slurry Seal Project, Phase II was completed on July 9th, 2024, in conformance with approved contract documents.

Staff recommends that the project constructed by VSS International, Inc. be accepted as complete, and the Council adopt the Resolution.

CEQA STATUS:

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

FINANCIAL IMPACT:

The total construction cost was $575,325 which was below the approved construction budget of $650,000. Construction expenses included a construction contract of $525,325 and two change orders with a net increase of approximately $50,000.

ATTACHMENT(S):

1. Draft Resolution

2. Notice of Completion
APPROVAL(S):

Connie Cardenas, Admin. Services Director Approved - Jun 27 2024 Laura Snideman, City Manager Approved - Jul 01 2024
Item #6.3.

Yudiana Galvan, City Clerk Approved - Jul 01 2024
Item #6.3.

ATTACHMENT 1
RESOLUTION NO. 2024-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF NAPA, STATE OF CALIFORNIA ACCEPTING AS COMPLETE THE 2024 SLURRY SEAL PROJECT, PHASE II, CONSTRUCTED BY VSS INTERNATIONAL, INC., AND

AUTHORIZING THE PUBLIC WORKS DIRECTOR TO FILE A NOTICE OF

COMPLETION
WHEREAS, the City of Calistoga entered into a contract on April 30, 2024, with VSS International, Inc., for the 2024 Slurry Seal Project, Phase II; and WHEREAS, VSS International, Inc. completed the work required by the contract on July 9th, 2024, to the satisfaction of the City Engineer; and WHEREAS, the City Council now desires to accept the Project as complete.

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

1. Accepts as complete the work for the 2024 Slurry Seal Project, Phase II constructed by VSS International, Inc.

2. Authorizes the Public Works Director to file a Notice of Completion with the Napa County Recorder and process final payment in accordance with the Contract documents.

PASSED, APPROVED AND ADOPTED this 9
th day of July, 2024. I, YUDIANA
GALVAN, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:
____________________________ ____________________________ Yudiana Galvan, City Clerk Donald Williams, Mayor
Item #6.3.

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

CITY OF CALISTOGA
1232 WASHINGTON STREET
CALISTOGA, CA 94515
Attn: Public Works Department
Exempt From Recording Fees
Section 27383 Gov't. Code

NOTICE OF COMPLETION
Notice is hereby given that:

1. The undersigned is the owner of the interest or estate stated below in the property described below.

2. The name of the undersigned is City of Calistoga.

3. The address of the undersigned is:
1232 Washington Street
Calistoga, CA 94515

4. The nature of interest or estate of the undersigned is fee ownership, as well as ownership of the certain improvements located thereon.

5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: None

6. The names of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of work of improvement herein referred to are: None

7. A work of improvement on the property hereinafter described was completed on July 9, 2024.

8. The name of the original contractor, if any, for the work of improvement was VSS International, Inc.

9. The kind of work done or material furnished was to Slurry Seal roadways.

10. The property on which the work of improvement was completed is in the City of Calistoga, County of Napa, State of California, and is described as follows:

Various roads in Calistoga, CA 94515
City of Calistoga, Owner
Dated: Signed:

Derek Rayner, Public Works Director
ATTACHMENT 2 Item #6.3.

VERIFICATION
I, the undersigned, say:

I am the person who signed the foregoing notice. I have read the above notice and know its contents, and the facts stated therein are true of my own knowledge.

I declare under the penalty of perjury that the above is true and correct.

Executed at Calistoga, California, this 9
th day of July, 2024.

City of Calistoga
Derek Rayner, Public Works Director
Item #6.3.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Jul 09 2024
Subject: Riverside Ponds Hazard Mitigation Grant Program (HMGP) Match Commitment Letter for $2,188,840
DESCRIPTION:

Consideration of a Resolution authorizing staff to submit a match commitment letter to the California Governor’s Office of Emergency Services (CalOES) for the Hazard Mitigation Grant Program, in the amount of $2,188,840 to fund the repair of Calistoga’s Riverside Ponds and Headworks Improvement Project located at the Dunaweal Wastewater Treatment Plant.

RECOMMENDATION:

Consider adopting resolution.

BACKGROUND/SUMMARY:

The Riverside Ponds and Headworks Improvement Project at the Dunaweal Wastewater Treatment Plant will replace the existing Riverside Ponds with two new lined ponds, relocate ponds out of the flood plain and stabilize the Napa Riverbank adjacent to them. Additionally, the project includes stabilizing Simmons Creek riverbanks adjacent to our headworks facility. The project will bring the city into compliance with our Cease-and-Desist order issued by the San Francisco Regional Water Quality Control Board, in addition to providing protection of this critical infrastructure.

Staff applied for Hazard Mitigation Grant Program (HMGP) from the Valley and Butte Fires that occurred in 2015. The city received $4,175,488 in grant funding which included a required local city match of 25% ($3,131,616 covered by the grant and the required local match of $1,043,872).

The project was advertised in 2023 and bids were opened in January 2024. The Engineer’s Estimate for the project was $3,600,000, with a bid alternative of $1,000,000. The low base bid was $5,056,615 which was significantly higher than the grant amount. The total construction cost with a bid alternate was $7,836,615 ($5,056,615 base bid, $2,020,000 alternate bid, and $760,000 construction management). The city did not have enough funding to complete the bid alternates and only awarded the base bid, a contingency, and the construction management amount on February 6, 2024, in the amount of $6,566,615. The awarded amount included $3,434,999 ($6,566,615-$ 3,131,616) local match which was $2,391,127 ($3,434,999-$1,043,872) higher than the required 25% commitment.

Staff applied for an additional $4,579,869 grant funding to pay for the additional local funds that were used to award the construction contract. The additional grant fund will also allow the city to complete the bid alternative items that the city was not able to award with the base bid.

Item #6.4.

The previous match commitment of $1,043,872, was based on initial project estimates that were lower in cost. The actual project cost to complete the base bid and alternative bids was revised to $8,755,357 where the grant pays $6,566,517 (75%) and City match is $2,188,840 (25%).

The recommended resolution authorizes staff to submit a revised match commitment letter to FEMA/CalOES in the amount of $2,188,840 and rescind the previous match commitment letter in the amount for $1,043,872.

CEQA STATUS:

The CEQA Initial Study and Mitigated Negative Declaration has been completed for the project.

FEMA/CalOES completed NEPA for the project.

FINANCIAL IMPACT:

The Council approved $6,566,615, a budget adjustment for the Riverside Ponds and Headworks Improvement project on February 6th, 2024, which included $3,434,999 match commitment.

The budget adjustment of $1,057,317 included transferring $500,000 from the general fund loan to sewer enterprise, $50,000 from Master Services Agreement Account No. 13-5661-4915, $257,317 from Sewer Main Extension Reimbursement Account No. 13-5629-4915, $250,000 from Equalization Basin Liner Project Account No. 13-5660-4915 The proposed commitment amount of $2,188,840 is lower than what the city has already budgeted for this project.

The additional grant funding will allow the City to pay back the loan to the general fund and lower the local fund contribution to this project.

ATTACHMENT(S):

1. Draft Resolution

2. Match Commitment Letter - August 2, 2022

3. Revised Match Commitment Letter - July 9, 2024
APPROVAL(S):

Connie Cardenas, Admin. Services Director Approved - Jul 01 2024 Laura Snideman, City Manager Approved - Jul 01 2024
Yudiana Galvan, City Clerk Approved - Jul 01 2024
Item #6.4.

ATTACHMENT 1
RESOLUTION NO. 2024-XXX

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

NAPA, STATE OF CALIFORNIA AUTHORIZING STAFF TO SUBMIT A MATCH COMMITMENT LETTER TO CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES (CalOES) FOR THE HAZARD MITIGATION GRANT PROGRAM (HMGP), IN THE AMOUNT OF $2,188,840 TO FUND THE REPAIR OF CALISTOGA’S

RIVERSIDE PONDS AND HEADWORKS IMPROVEMENT PROJECT
WHEREAS, the four riverside ponds at the Wastewater Treatment Plant were built in 1974, are located adjacent to the Napa River and contain tertiary treated effluent; and
WHEREAS, heavy erosion of the Napa Riverbank has significantly progressed towards the edge of these ponds and catastrophic failure of the bank is possible without corrective action; and
WHEREAS, the headworks structure at the Wastewater Treatment Plant was built in 2002, is located across from the Riverside Ponds adjacent to Simmons Creek and contains raw, untreated sewer influent; and
WHEREAS, significant creek bank erosion has progressed towards the edge of the headworks structure and catastrophic failure of the bank is possible without corrective action; and
WHEREAS, the San Francisco Bay Area Regional Water Quality Control Board has adopted a Cease-and-Desist Order mandating that the city address the Riverside Ponds; and
WHEREAS, the city has applied for a Hazard Mitigation Grant Program and received $ 4,175,488 to complete repair of the Riverside Ponds and Headworks; and WHEREAS, the project was advertised, and the low base bid was $5,056,615 and alternate bid was $2,020,000; and
WHEREAS, on February 6, 2024, the City Council awarded the base bid contract to Argonaut Constructors inc. and allocated $6,566,615 budget for construction, contingency and construction management; and
WHEREAS, staff applied for additional $4,579,869 grant funding to complete alternate bid items and lower the local fund contribution to the project; and WHEREAS, staff recommends authorizing staff to submit the revised match commitment letter dated July 9, 2024, in the amount of $2,188,840; and Item #6.4.

Resolution No. 2024-XXX
WHEREAS, staff further recommends rescinding the previous match commitment letter dated August 2, 2022, in the amount of $1,043,872; and WHEREAS, the City Council supports leveraging local public funds with Federal and State funds to address critical community needs and achieve General Plan policy goals.

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

1. Directs staff to submit the revised match commitment letter to CalOES in the amount of $2,188,840 for repair of the Riverside Ponds and Headworks.

2. Rescinds the previous match commitment letter dated August 2, 2022, in the amount of $1,043,872.

PASSED, APPROVED AND ADOPTED this 9
th day of July, 2024, I, YUDIANA
GALVAN, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:
____________________________ ____________________________ Yudiana Galvan, City Clerk Donald Williams, Mayor
Item #6.4.

DR 4240-PJ0020 DR 4240-PJ0020
ATTACHMENT 2 Item #6.4.

Sub-applicant to CalOES
REVISED - Funding Match Commitment Letter
California Governor’s Office of Emergency Services July 9, 2024 Hazard Mitigation Grants Division
3650 Schriever Avenue
Mather, CA 95655
Dear State Hazard Mitigation Officer,
As part of the Hazard Mitigation Grant Program process, a local funding match is required. This letter serves as the City of Calistoga’s commitment to meet the matching fund requirements for the Riverside Ponds & Headworks Riverbank Repair Project Hazard Mitigation Grant Program.

Name of funding source: City of Calistoga.

Funding type: Wastewater Connection Fees.

The local matching fund requirement is $2,188,840 and available date is July 9, 2024.

If additional federal funds are requested, an additional local match fund commitment letter is required to be submitted.

Please contact Derek Rayner, Public Works Director, at 707-942-2828 or [email protected] if you have any questions.

Sincerely,
Derek Rayner, PE
Public Works Director/City Engineer

CITY OF CALISTOGA
1232 Washington Street • Calistoga, CA 94515
Telephone 707-942-2828 – Public Works Dept.

Fax 707-942-9472
www.ci.calistoga.ca.us
ATTACHMENT 3
Item #6.4.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Greg Desmond, Planning and Building Director
Meeting: City Council - Jul 09 2024
Subject: Second Reading - Zoning Ordinance Amendment - ZOA 2023-2 Chapter

17.37 Accessory Dwelling Units
DESCRIPTION:

Second Reading - Considering an ordinance of the City of Calistoga amending regulations concerning ADU development for consistency of such development within the city’s municipal code and with state law.

RECOMMENDATION:

Move to adopt and waive further reading of Zoning Ordinance No. 2023-2 BACKGROUND/SUMMARY:

In 2020, the City of Calistoga created Chapter 17.37 of the municipal code for ADU projects. The 2020 ordinance was not consistent with state mandates and conflicted with existing utility ordinance requirements in Chapters 13.04 Water Service or 13.08 Sewer Service, resulting in inconsistencies in how the city reviews and approves such projects.

Since creation of the ADU Ordinance in 2020, the city has approved 15 ADU projects with no review by the Public Works Department. This has created potential health and safety concerns pertaining to the supply of water and capacity of wastewater discharge as well as water and sewer laterals that are undersized and/or in very aged or poor condition (potentially presenting significant safety risks to supply, backups and/or fire safety). This is because the development standards adopted in the ADU Ordinance were inconsistent with CMC Chapters 13.04 Water Service and 13.08 Sewer Service and went beyond the minimum requirements under State Law.

The recommended ordinance amendments will bring CMC Chapter 17.37 Accessory Dwelling Units into conformance with state law, address public health and safety issues regarding water and sewer and ensure internal consistency within the Calistoga Municipal Code.

There are additional inconsistencies with Chapter 17.37 and the maximum allowable height for ADU structures that do not comply with State law.

The Planning Commission, at its March 13, 2024, meeting adopted Resolution 2024-6 (Attachment 2) recommending that the City Council approve Zoning Code amendments (ZOA 2023-2). The amendments will require that certain ADU projects be subject to utility connections and fees and that any health and safety concerns are addressed as well as other clarifying changes to be internally consistent with the city’s municipal code and with State law, including Assembly Bill 671.

Item #6.5.

The City Council, at its April 9, 2024, meeting continued this item and directed staff to provide more clarity regarding ADU development standards and to work with the Housing Committee to identify incentives to promote ADU development.

ANALYSIS:

The purpose of the proposed amendments is to establish internal consistency within the municipal code, to ensure adequate water and wastewater resources and to address potential health and safety issues associated with ADU development. Pursuant to Government Code section 65852.2, the city can require separate utility connections and charge a connection fee, for the following type of ADU development: New construction of an ADU structure that exceeds 150sf.

The proposed ordinance amendments (Attachment 1) will bring Chapter 17.37 Accessory Dwelling Units into conformance with Chapters 13.04 Water Service and 13.08 Sewer Service and be compliant with State law. Amendments show new wording in redline and removed language shown in strikeout. New definitions are also included in Sections 2 and 3 to further clarify the amendments.

Exempt ADU Projects
Most ADU development projects will not require separate utility connections. ADU projects DO NOT require separate utility connections if they meet the following criteria:
- Conversion of an existing detached accessory structure. - Conversion of existing space in a single-family dwelling (up to 50% of the size of the existing structure).
- Conversion of existing space in a single-family dwelling for a JADU of 500 sq. ft. - If applicant can show through sewer camera video inspection that lateral is in good condition. - If applicant can provide evidence that the existing water lateral is in good condition, adequate, size, pressure and flows to serve multiple units.

Connection fees and separate metering are not required for conversion of existing space and not required if new construction adds less than 150sf to an existing building or separate structure.

Height
The proposed amendments also address inconsistencies with the municipal code and State law.

The inconsistencies are minor with the most notable revision related to the maximum allowable height for ADU structures. CMC Chapter 17.37 currently limits ADU height to a maximum of 16 feet.

However, the State allows for the following height exceptions:
a. A maximum height of 18 feet is allowed on a lot with an existing or proposed single family or multifamily dwelling unit that is within .5 mile of a major transit stop. b. A maximum height of 18 feet is allowed to accommodate a detached ADU that is designed to share the same pitch of the primary dwelling unit.
c. A maximum height of 18 feet is allowable for detached ADUs on a lot with an existing or proposed multistory multifamily dwelling.
d. An attached ADU shall not exceed the height limitation that applies to the primary dwelling unit or 25 feet, whichever is lower.

Please see the Summary of ADU Regulations (Attachment 3) and ADU FAQ (Attachment 4) for additional information.

Item #6.5.

ADU Incentives
The Planning and Building Department has implemented a portion of the Housing Element action item A1.2-2 (Timeframe: August 2025). Those are noted below along with additional components of that action item.
a. Streamline processing procedures for ADU projects to ensure that applications are processed within a maximum of 60 days. (already enacted).
b. Promote pre-approved ADU plans to prospective ADU applicants. Pre-approved plans can come from the Napa/Sonoma ADU Collaborative (napasonomaadu.org). Use of these plans will reduce upfront costs to the applicant and reduce processing times. (already enacted). c. Modify ADU development standards (such as size, front setbacks, parking, height, and fee reductions) to be less restrictive than state law.
d. Consider providing reduced fees for ADUs that are deed-restricted to income levels less than 160% AMI not related to the resident of the primary dwelling. e. Monitor ADU production to ensure that Housing Element objectives (a minimum of 3 units per year for 24 total ADUs) are met.

The City of Calistoga’s Housing Committee has provided the following suggestions for incentivizing ADU development:
- Leverage the Affordable Housing Fund to subsidize deed restricted ADU projects. - Discount or waive utility connection fees for deed restricted ADU projects. - Discount or waive development impact fees for deed restricted ADU projects. - Modify the ADU ordinance to waive impact fees up for ADU projects up to 950 sq. ft.

Height -- Councilmember Gift also expressed interest in increasing the height limits to accommodate more two-story ADU projects which would make our ordinance more lenient than the State mandates. An example might be adding on to an existing detached garage. This is an additional incentive that the City Council could consider.

Staff will consider a package of ADU incentive recommendations for City Council consideration no later than the date as noted in Housing Element (08/2025).

CEQA STATUS:

The ordinance is exempt from the provisions of the California Environmental Quality Act (“CEQA”) pursuant to Section 21080.17 of the Public Resources Code relating to the construction of second units, which exempts the adoption of an ordinance by a city to implement the provisions of Government Code Section 65852.2. The Ordinance is also exempt from CEQA pursuant to Section 15305 of the CEQA Guidelines, which exempts minor alterations in land use limitations that will not result in any changes in land use or density. The ordinance updates the provisions of the City’s Municipal Code to conform with state law requirements relating to development of ADUs and Junior ADUs, and it does not change permitted land uses on any property nor increase the density of residential uses that property owners are permitted to develop on their property. Further, none of the Item #6.5.

exceptions to the Section 15305 exemption included in Section 15300.2 of the CEQA Guidelines are applicable. Therefore, adoption of the ordinance is exempt from the provisions of CEQA.

FINANCIAL IMPACT:

The proposed amendments to Chapter 17.37 will ensure that any/all utility and/or infrastructure improvement fees associated with ADU development projects are properly calculated by the City and paid for by the applicant.

ATTACHMENT(S):

ADU Ordinance - final draft including pw revisions
APPROVAL(S):

Connie Cardenas, Admin. Services Director Approved - Jul 01 2024 Laura Snideman, City Manager Approved - Jul 01 2024
Yudiana Galvan, City Clerk Approved - Jul 01 2024
Item #6.5.

ATTACHMENT 1
ORDINANCE NO. 770

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CALISTOGA AMENDING CHAPTER 17.04, “DEFINITIONS” AND
CHAPTER 17.37, “ACCESSORY DWELLING UNITS,” OF THE

CALISTOGA MUNICIPAL CODE AND FINDING THAT ADOPTION OF

THE ORDINANCE IS EXEMPT FROM CEQA PURSUANT TO
CALIFORNIA PUBLIC RESOURCE CODE SECTION 21080.17 AND
CEQA GUIDELINES SECTION 15305
WHEREAS, California state law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and
WHEREAS, the City Council of the City of Calistoga (“City”) seeks to update its regulations concerning ADU utilities and fees to address health and safety concerns, and make other clarifying changes to ADU and JADU occupancy, height and parking requirements to be consistent with state law, including Assembly Bill 671; and WHEREAS, the proposed ordinance amendment (“Amendment”) addresses ongoing health and safety concerns pertaining to the supply of water and capacity of wastewater discharge as well as water and sewer laterals that are undersized and/or in very aged or poor condition and present significant safety risks to supply, backups and/or fire safety; and
WHEREAS, the proposed Amendment is consistent with state law and is intended to clarify ADU and JADU development requirements and provide greater certainty to applicants, while addressing these health and safety issues; and WHEREAS, the proposed Amendment is consistent with the policies and programs of the City’s General Plan, including:
• Infrastructure Element Objectives I-1.3 and I-3.1 - Promote coordination between land use planning and water facilities and service and wastewater treatment and conveyance.
• Infrastructure Element P1.3-5 - Needed water supply and pressure for maximum day and fire suppression shall be maintained or improved. • Infrastructure Element P1.3-6 - Continue to annually monitor the capacity of water supply, water storage, and water distribution systems to accommodate new development.
• Infrastructure Element P3.1-3 - New development shall only be approved if there is sufficient capacity in the wastewater treatment system to serve the project; and WHEREAS, Table 1-2 in the GP Infrastructure Element (that was updated in 2020) lists potential municipal water demand (by various land uses) between 2020 and 2035 to ensure there is adequate water supply in the future. That table projected a total of 15 ADU’s built over the 15-year period. However, since 2019 the city has averaged 5 new ADU’s per year and between 2019 and 2023 there are already 15 new ADU’s; and Item #6.5.

Ordinance No. 770
ADU Ordinance Amendment

WHEREAS, the proposed Amendment includes objective standards for development of ADUs and JADUs that protect the health, safety and welfare of the community; and
WHEREAS, the City will be looking at new incentives to promote ADU development as called for in HE Action Item A1.2-2 (Timeframe: August 2025) including:
a) streamlining processing procedures for ADU to ensure applications are processed within a maximum of 60 days; b) promoting pre-approved ADU plans to prospective ADU applicants; c) modifying ADU development standards (such as size, front setbacks, parking, height, and fee reductions) to be less restrictive than state law; d) considering reduced fee rates for ADUs that are deed-restricted to household income levels less than 160% AMI not related to the resident of the primary dwelling; and WHEREAS, the Planning Commission held a duly-noticed public hearing on March 13, 2024, at which time it reviewed the proposed Amendment and related CEQA exemption and considered all public comments, written and oral, on the Amendment and related exemption under the California Environmental Quality Act (CEQA), and adopted Resolution No. 2024-06, recommending the City Council find the Amendment exempt from CEQA and adopt the Amendment; and
WHEREAS, the City Council held a duly-noticed public hearing on June 11, 2024 at which time it reviewed the proposed Amendment and related CEQA exemption and considered all public comments, written and oral, on the Amendment; and

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

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

SECTION TWO
Section 17.04.025, “Accessory dwelling unit,” of the Calistoga Municipal Code is amended to read as follows (additions underlined, deletions strikethrough):
“Accessory dwelling unit” or “ADU” means an attached or detached dwelling unit located on the same parcel as an existing or proposed primary residence that provides complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. “Accessory dwelling unit” also includes an efficiency unit as defined in Health and Safety Code Section 17958.1 or a manufactured home as defined in Health and Safety Code Section 18007.

SECTION THREE
Section 17.37.010, “Purpose,” of the Calistoga Municipal Code is amended to read as follows (additions underlined, deletions strikethrough):

17.37.010 Purpose and definitions.

Item #6.5.

Ordinance No. 770
ADU Ordinance Amendment

A. Purpose. It is the purpose of this chapter to provide for accessory dwelling units and junior accessory dwelling units as a form of potentially affordable housing. To ensure the public health, safety and general welfare of the community, this chapter establishes criteria to ensure that these units will conform to certain development standards.

B. Definitions. For the purposes of this chapter, the following terms shall be defined as follows:

1. “Accessory dwelling unit” or “ADU” is defined in Section 17.04.025.

2. “Attached accessory dwelling unit” or “Attached ADU” means an ADU that is constructed as a physical expansion of the primary dwelling and shares a common wall with the primary dwelling.

3. “Connection/capacity fee” means a fee charged for each new connection or expanded use of an existing connection to the water or sewer system based on the annual acre foot water requirements for each type of use as prescribed in Chapter 13.16 (Resource Management System) and the Standardized Use Table adopted by City Council resolution.

4. “Detached accessory dwelling unit” or “Detached ADU” means an ADU that is constructed as a separate structure from the primary dwelling, which does not share any walls with the primary dwelling.

5. “Development impact fee” or “Impact fee” means a monetary exaction other than a tax or special assessment, that is charged by the City to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project. It includes park and recreation fees under the Quimby Act. It does not include any connection fee or capacity charge.

6. “Junior accessory dwelling unit” or “JADU” is defined in Section 17.04.387.

7. “Service lateral” means a physical pipe tie-in to the City-owned and operated water or sewer main.

8. “Water meter” means a City-owned device that records the quantity of water used by a customer.

SECTION FOUR
Section 17.37.030, “Occupancy and disposition,” of the Calistoga Municipal Code is hereby amended to read as follows (additions underlined, deletions strikethrough):

17.37.030 Occupancy and disposition
A. The property owner of a single-family residence with a JADU shall reside in one of the units, unless the owner is another governmental agency, land trust, or housing organization. The property owner shall also record a deed restriction, which shall run with the land and be filed with the City, and include both of the following provisions:

Item #6.5.

Ordinance No. 770
ADU Ordinance Amendment

1. A prohibition on the sale of the JADU separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.

2. A restriction on the size and attributes of the JADU unit that conforms with this Chapter.

B. Except as otherwise provided in Government Code Section 65852.26, no An ADU may not be sold separately from the primary dwelling unit, and no subdivision of land or air rights is authorized by this chapter.

C. An accessory dwelling unit may be rented or leased; provided, that it is rented or leased for periods of 30 consecutive days or more.

SECTION FIVE
Section 17.37.040, “Utilities and fees,” of the Calistoga Municipal Code is amended in its entirety to read as follows:

17.37.040 Utilities and fees.

A. A newly constructed JADU/ADU shall be required to have either a separate or enlarged city owned water meter, as determined by the City Engineer in accordance with City of Santa Rosa standards, American Water Works Association and other applicable standards, if the ADU is a new, detached structure or the JADU/ADU expands existing space by more than 150 square feet.

B. A newly constructed JADU/ADU shall be required to have a separate service lateral(s), as determined by the City Engineer in accordance with City of Santa Rosa standards, Uniform Plumbing Codes, and condition of existing sewer lateral, if the ADU is a new, detached structure or the JADU/ADU expands an existing space by more than 150 square feet.

1. Even if a separate service lateral is not required, repairs to existing utility connections may be required when, in the opinion of the City Engineer, the existing lateral is substandard or lacks adequate capacity to serve the new JADU/ADU, creating a health and safety risk. To confirm the adequacy and safety of the existing lateral, the applicant shall provide the City Engineer with evidence confirming the existing lateral’s size and materials (e.g. photos of existing service laterals), hydraulic conditions (e.g. pressures and flows, slopes, and sizes), and CCTV footage (with Public Works staff present). The applicant is responsible for all costs related to providing this evidence to the satisfaction of the City Engineer.

C. Connection/capacity fees will be charged for a newly-constructed JADU/ADU if it is a detached structure or if the JADU/ADU expands an existing space by more than 150 square feet. No connection/capacity fee will be charged for JADU/ADUs created through the conversion of existing space that does not expand the existing space beyond 150 square feet. If subject to a connection/capacity fee as described herein, the connection/capacity fee will be calculated as follows:

Item #6.5.

Ordinance No. 770
ADU Ordinance Amendment

1. For JADU/ADUs subject to the connection/capacity fee but not constructed at the same time as a new single-family dwelling, the fee shall be proportionate to the burden of the proposed JADU/ADU, based on either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee shall not exceed the cost of providing this service.

2. For JADU/ADUs subject to the connection/capacity fee and constructed at the same time as a new single-family dwelling, the JADU/ADU shall be considered to be a new residential use for purposes of calculating connection/capacity fees.

D. Development impact fees shall not be charged for the development of a JADU of any size, or for an ADU that is less than 750 square feet. Any development impact fees charged for an ADU of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.

SECTION SIX
Section 17.37.050.C., “Height,” of the Calistoga Municipal Code is hereby amended to read as follows (additions underlined, deletions strikethrough):

17.37.050.C. Height.

Detached ADUs may not exceed 16 feet in height.1. A height limit of 16 feet applies to a detached ADU on a lot with an existing or proposed single family or multifamily dwelling unit, except as set forth below:
a. A height of 18 feet applies to a detached ADU on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. An additional two feet in height shall be permitted to accommodate a roof pitch on the detached ADU that is has the same pitch of the primary dwelling unit.
b. A height limit of 18 feet applies to a detached ADU on a lot with an existing or proposed multistory multifamily dwelling.

2. An attached ADU shall not exceed the height limitation that applies to the primary dwelling unit or 25 feet, whichever is lower. This clause shall not be construed to permit an attached accessory dwelling unit to exceed two stories.

SECTION SEVEN
Section 17.37.050.E., “Parking,” of the Calistoga Municipal Code is hereby amended to read as follows (additions underlined, deletions strikethrough):

17.37.050.E. Parking.

Item #6.5.

Ordinance No. 770
ADU Ordinance Amendment

1. Parking is not required for an ADU or JADU developed on a lot with an existing or proposed single-family primary dwelling.

2. When parking required by Chapter 17.36 CMC is displaced in conjunction with the construction of an ADU or a garage, carport or covered parking is converted to an ADU, the provision of replacement spaces is not required.

3. One parking space shall be provided for each ADU or JADU constructed as a separate structure on a lot with a multifamily primary dwelling, except as provided in subsection 4, below. The parking may be located in required setback areas or through tandem parking unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.

4. No off-street parking shall be required for the ADU in any of the following instances:
a. The ADU is located within one-half mile walking distance of a public transit stop.
b. The ADU is located within an architecturally and historically significant historic district.
c. The ADU is to be constructed within the existing or proposed primary dwelling or accessory structure.
d. The ADU is located in an area of the city where on-street parking permits are required but not offered to the occupant of the ADU. e. The ADU is located within one block of a car share vehicle pick-up location, as established by the city.
f. When a permit application for an ADU is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot provided that the ADU or the parcel satisfies any other criteria listed in this subsection 4.

SECTION EIGHT
Section 17.37.050(F) of the Calistoga Municipal Code is hereby amended to read as follows (additions underlined, deletions strikethrough):

17.37.050(F). Fire sprinklers shall not be required for an ADU or JADU if they are not provided or required for the primary unit. The construction of an ADU or JADU shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

SECTION NINE
Section 17.37.050(H), “Nonpermitted structures,” of the Calistoga Municipal Code is hereby added to read as follows:

17.37.050(H). Nonpermitted structures.

Item #6.5.

Ordinance No. 770
ADU Ordinance Amendment

1. Notwithstanding any other provision in this Chapter, the City shall not require correction of nonconforming zoning code development regulations or building code violations for the approval of a new ADU or JADU, provided the structure(s) does not present a threat to public health and safety.

2. Moreover, the City shall not require correction of nonconforming zoning code development regulations or building code violations for the approval of an existing, unpermitted ADU or JADU, provided the unpermitted structure(s) does not present a threat to public health and safety.

SECTION TEN
Environmental Determination. The City Council finds that this Amendment is exempt from the provisions of the California Environmental Quality Act (“CEQA”) pursuant to Section 21080.17 of the Public Resources Code relating to the construction of second units, which exempts the adoption of an ordinance by a city to implement the provisions of Government Code Section 65852.2. The City Council further finds that the Amendment is exempt from CEQA pursuant to Section 15305 of the CEQA Guidelines, which exempts minor alterations in land use limitations that will not result in any changes in land use or density. The Amendment updates the provisions of the City’s Municipal Code to conform with state law requirements relating to development of ADUs and Junior ADUs, and it does not change permitted land uses on any property nor increase the density of residential uses that property owners are permitted to develop on their property. Further, none of the exceptions to the Section 15305 exemption included in Section 15300.2 of the CEQA Guidelines are applicable. Therefore, adoption of the Amendment is exempt from the provisions of CEQA.

SECTION ELEVEN
Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this Amendment 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 Amendment 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 TWELVE
Effective Date. This Amendment shall take effect 30 days from its passage.

SECTION THIRTEEN
Publication. The City Clerk is directed to cause this Amendment to be published in the manner required by law.

THIS AMENDMENT was introduced with the first reading waived at the City of Calistoga City Council meeting on the 11th day of June 2024, and was passed and adopted at a regular meeting of the Calistoga City Council on the 9th day of July 2024, by the following Item #6.5.

Ordinance No. 770
ADU Ordinance Amendment

vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:
____________________________ __________________________ Yudiana Galvan, City Clerk Donald Williams, Mayor
Dated:___________________
APPROVED AS TO FORM:
____________________________________
Michelle Marchetta Kenyon, City Attorney
Item #6.5.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Yudiana Galvan, City Clerk
Meeting: City Council - Jul 09 2024
Subject: Appointments to the Housing Advisory Committee and the Planning Commission.

DESCRIPTION:

Consider adopting a resolution confirming the Mayor's Appointments to the Housing Advisory Committee and the Planning Commission to fill unscheduled vacancies.

RECOMMENDATION:

Consider the recommendations and adopt the Resolution.

BACKGROUND/SUMMARY:

Under Government Code § 40605 the Mayor, with the approval of the City Council, shall make all appointments to boards, commissions, and committees.

The following appointments are to fill unscheduled vacancies to the Housing Advisory Committee and the Planning Commission.

The recommended resolution appoints Lana Richardson to the Housing Advisory Committee for a term ending on 12/31/24.

The recommended resolution appoints Lucretia Marcus to the Planning Commission for the term ending on 12/31/25.

The recommended resolution appoints Gerald Turgeon to the Planning Commission for the term ending 12/31/24.

FINANCIAL IMPACT:

No Impact
CEQA STATUS:

None
ATTACHMENT(S):

7.9.24 Resolution Committee Appointments
Gerald Turgeon - Planning_Redacted
Item #6.6.

Charles Davis Planning_Redacted
Lucretia Marcus Planning_Redacted
Richard Kaiser Planning_Redacted
Steven Pinksy Planning_Redacted
APPROVAL(S):

Connie Cardenas, Admin. Services Director Approved - Jul 01 2024 Laura Snideman, City Manager Approved - Jul 01 2024
Yudiana Galvan, City Clerk Approved - Jul 01 2024
Item #6.6.

RESOLUTION NO. 2024-XXX

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

UNSCHEDULED VACANCY IN THE ACTIVE TRANSPORTATION COMMITTEE 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 that 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
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Calistoga hereby confirms the Mayor’s appointment of the following individual to the unscheduled vacancies in the Housing Advisory Committee and the Planning Commission:

Housing Advisory Committee – Lana Richardson for a term ending on 12/31/24.

Planning Commission – Lucretia Marcus for a term ending on 12/31/25.

Planning Commission –Gerald Turgeon for a term ending on 12/31/24.

PASSED, APPROVED AND ADOPTED this 9th day of July 2024. I, YUDIANA GALVAN, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
__________________________ __________________________
Yudiana Galvan, City Clerk Donald Williams, Mayor
Item #6.6.

CITYofCALISTOG
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BOARDS AND COMMISSIONS APPLICATION
Otizens we 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 ofthe City Council. Please print or type clealy,
Application for:

City Active Transportation Advisory Committee
City Green Committee
0in Housing Advisory Committee
1/ Qty Planning Commission
Nam Turgeon, Gerald
Napa County Active Transportation
Advisory Committee
Napa County Mosquito Abatement Board
Napa County Library Commission
Other Commission
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PhysicalAddressofResidence:— Callstoga
MalinaAddressi-, Calistoga, CA 94515
Business Address' "/2
Occupation: retired
Areyou a resident of the City of Calistoga? Yes No |:I Years of residency: 8 if not, do you residewithin iheCalistoga Joint Uni?ed School District? Veslj No I] Education and/or related background: See #1 attached)
Licenses or special certi?cates held‘
none
Item #6.6.

City of Callstoga Boards &Commissions Application

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

See #2 attached)
State speci?cally why you wish to serve.why you believe you are quali?ed for the position, and what you might contribute to the group:

See #3 attached)
(Use additional paper. if necessary)
*
References Gncludename and daytime phone number: (1) see attached see attached" (2)
List any other committees/commissions on which you have or currently serve. and the year(s) of service:

See #4 attached)
i am willing to share my personal email address and phone number with the public during my appointment on a Commission, Committee or Board? Yes No y W
Upon appointment, designated members willbe required to ?le an Assuming Of?ce Statement of Economic Interests (Form 700) within30 days of being sworn in Covered of?cials will be required to take two hours of AB 1234 Ethics Training every two years. This application willbecome a public record and willbe available for public inspection or duplication upon request. _,
l have read. understand.and willabide by this statement (please initial) l have suf?cient time to devote to this responsibility and plan to attend the required meetings if I am appointed to ?ll a vacancy and l acknowledge that l have read and understand the disclosure and regulatory requirements,
éé?éég Eur/355W 747/0174
Sig re oi Applicant Date
Completed application should be returned to:

City of Calistoga
City Clerk
1232 Washington Street
Caiistoga, CA 94515
For questions. please call the City Clerk at (707) 942-2807 Item #6.6.

GeraldTurgeon
Addendum:

Planning Commission Application, 07/01/2024
#1) Saratoga High School, West Valley College. UCD,Plant Sciences, Viticulture,
#2) Native Sons of the Golden West, Boy Scout. Past President Sierra Club, (Guadalupe Group, Loma Prieta Chapter 1981-1983).

Rotary Club of Santa Cruz (1989—2016)Past President Rotary Club of Calistoga (2021-2022) &current member, Community Gardens BOD(2021-current),
#3) I hold a deep & sincere appreciation for Calistoga. I want to see its unique small town nature preserved. I have a background that includes farming, wine & beer production. food service, & hospitality. I am patient, a good listener, and understand the importance of negotiation and compromise. I recently built an ADU on my Harley St. property. obtaining permits as
owner/builder& working directly on all aspects of design, planning, & construction. I want to see Calistoga flourish. *reference 1) Norm Manzer,_
*reference 2) Frank Fradella,
-
#4) I have previously served on two advisory boards to the City of Santa Cruz: The San Lorenzo River Restoration Committee (1989—1998).and the Police Advisory Committee (1995—1999).I also worked with the Green Committee here in Calistoga recently drafting the Foodwares Ordinance.
1’.0 box- Calistoga CA 9+5 I 5 _
Item #6.6.

CITquCALISTOGA

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:

Napa County Active Transportation City Active Transportation AdVIsory Committee Advisory Committee City Green Committee Napa County Mosquito Abatement Board CWHousing AdVISOWCommittee Napa County Library Commission City Planning Commission
Other Commission
Name: D?/lj Cél¢y€§
Last First M.L
Telephone: gbs AQ/I5
ome Business Facsimile
E—maiAddress: w—
Physical Address of Residence:

MailingAddress: CaIr a CL 9‘45 I3’
Business Address'?‘ I - C/?/?j @?
Occupation: 5e LPgvvvfgloi (J
Are you a resident of the City of Calistoga? Yes E No [3 Years of residency: <94/ It not, do you reside within the Calistoga Joint Uni?ed School District? Yes [I No C] Education and/or related background: (3S QIejcggin {15435Ing' égs?qegs oumer m (a US$944, 5/ JL/ms
Licenses or special certi?cates held:

W
Item #6.6.

“ . , N
City of Calistoga Boards & Commissions Application

Organizations to which you belong (professional, technical, community, services):

AIM/ac?
State specifically why you wish to serve, why you believe you are qualified for the position, and what you might contribute to the group:
my[Qua/2g:1“! xmig?lam/Tf {Jew
?ggngmtgs gm £25431 (13*ng ? ?LCommgzugx
(Use additional paper, if necessary)
References (include name and daytime phone number: (1)mm— (mm
List any other committees/commissions on which you have or currently serve, and the year(s) of service:
9/
I am willing to share my personal email address and phone number with the public during my appointment on a Commission, Committee or Board? Yes X No 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 willbe available for public inspection or duplication upon request.

I have read, understand.and willabide by this statement (please initial) Z to devote to this responsibility and plan to attend the required meetings if I am appointed and I acknowledge that I have read and understand the disclosure and regulatory I have sufficient ti
to fill a vacan
requirement .
_ 2&2
Ignature of Applicant Date
Completed application should be returned to:

City of Calistoga
City Clerk
1232 Washington Street
Calistcga, CA 94515
For questions, please call the City Clerk at (707) 942-2807 Item #6.6.

CITYofCALISTO
GA

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

Application for:

CityActive Transportation Advisory Committee Napa County Active Transportation Advisory Committee
City Green Committee
. Napa County Mosquito Abatement Board
City HOUSIHQAdVISOWCommittee Napa County Library Commission \/ City Planning Commission
Other Commission
Name: MAKQJJ Zua/E’ezznt A
Last First Mi
Telephone: U 4
H me Business Facsimile
Email Address: h—dl-_____
Physical Address ofResidence“—
Mailing Address' ?< ?Qu/
Business Address: A) 4
Occupation: @é’fn/
Are you a resident of the City of Calistoga? Yes W No [:1 Years of residency: 57 if not, do you reside within the Calistoga Joint Uni?ed School District? Yes [2/ No D Education and/or related background: :3(T; 25k [Lia/>47;IOWAP/Vi 17/857OFF!" ? 'T ‘SEi/EZDJL ?ax? %
Licenses or special certi?cates held:
?;é Myn? W1» jen?éofz, :7?f/
éfi’xf’KZ/7W/
Item #6.6.

City of Calistoga Boards & Commissions Application

Organizations to which you belong (professional, technical, community, services):

State speci?cally why you wish to serve, why you believe you are quali?ed for the position, and what you might contribute to the group:

Q/Iir'Hd/é. 1101M A fwd/?ux Low”v/ZLVEWJ
W GALA)Abe/ZWM/?igo—,.
.— .

I
L
MéLm/wwaja/ WW ?og/(WM _
. 522020
References (include name and daytime phone number: (1)
(2)
WW
List any other committees/commissnons on which you have or currently serve, and the year(s) of serVice:

AJL/UCl?/M’m
I am willingto share my personal email address and phone nu er with the public during my appointment on a Commission, Committee or Board? Yes No Upon appointment, designated members will be required to ?le an Assuming Of?ce Statement of Economic Interests (Form 700) within 30 days of being sworn in. Covered of?cials willbe 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
I have read, understand, and will abide by this statement (please initial) ; k l have suf?cient 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 l have read and understand the disclosure and regulatory requirements.

4.2,. WW »
I , ’1
lg ature 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 #6.6.

RECEIVED
MAY0 9 2024
City of Calistoga
cn-YochLISTOGA

BOARDS AND COMMISSIONS APPLICATION
Citizens are encouraged to serve on the various City commissmns. 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:

City Active Transportation Advisory Committee Napa County Active Transportation Advisory Committee
City Green Committee Napa County Mosquito Abatement Board City Housing AdViSOTYCommittee Napa County Library Commission 01 PI ‘ C
' ’ V 'y anning ommlssron
OtherCommission
: Kaiser, Richard P
Name
Last First MI
Telephone: —Home Business Facsimile
E mail Address
Physical Address
”
of Residence: toQ , CA 94515
MailingAddress—1C3" 94515
Business Address:—’ Calistoga, CA 94515
CPA and Winemaker Occu pation:

Are you a resident ofthe City of Calistoga? Yes IE No D Years of residency: 9 years Ifnot, do you reside within the Calistoga Joint Uni?ed School District? Yes [:I No I:I BS in Accounting & Marketing — Syracuse University Education and/or related background:

Certified Public Accountant
Licenses or special certificates held:

CPA
Item #6.6.

City of Calistoga Boards & Commissions Application

s fo th
Organizations to which you belong (professional, technical, community, services):

Trea urer r be
Calistoga Winegrowers and Calistoga Chamber of Commerce, Chairman of School Bond Review Committee.Rotary State speci?cally why you wish to serve, why you believe you are qualified for the position, and what you might contribute to the group:

I am a past Planning Commissioner and would like to continue in the role.

During my previous term, we completed the Housing Element. The implementation needs to be monitored to insure that the requirements are met, Further work needs to be done to fillin the current housing void. (Use additional paper, if necessary)
(1) Vincent Arroyo
(2) Tim Wilkes
References (include name and daytime phone number:

List any other committees/commissions on which you have or currently serve, and the year(s) of service:

Planning Committee (2022 &2023)
I am willingto share my personal email address and phone number with the public during my appointment on a Commission, Committee or Board? Yes V No W
Upon appointment, designated members will be required to ?le an Assuming Office Statement of Economic Interests (Form 700) within 30 days of being sworn in. Covered officials willbe 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.

I have read, understand, and will abide by this statement (please initial) (Q l have sufficient time to devote to this responsibility and plan to attend the required meetings if I am appointed to ?ll a vacancy and l acknowledge that l have read and understand the disclosure and regulatory requirements. {/1/

1.. .4
ature 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 #6.6.

CITquCALISTOGA

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 lor:

City ActiveTransportation Advisory Committee Napa County Active Transportation Advisory Committee
City Green Committee Napa County Mosquito Abatement Board City Housing Advisory Committee Napa County Library Commission C' Pl ‘ C
' ' V W annmg ommlssron
OtherCommission
‘ Pinsky, Steven Name
Last First M.L
Telephone: —
Home Business Facsimile
E-man Address: —
Physical Address ofResidence.- Callstoga, CA 94515
Mailing Address:

Business Address:

Occupation: reured
Are you a resident of the City of Calistoga? Yes E] No El Years of residency:
10 pt 4 ft
if not, do you reside within the Calistoga Joint Uni?ed School District? Yes E] No [J Education and/or related background: BAplus advanced studies San FranCIsco State 1969 45 years business owner and manager employing over 100 workers.

Licenses or special certi?cates heldItem #6.6.

City of Calistoge Boards & Commissions Application

Organizations to which you belong (professional, technical, community, services):
member Calistoga Housing Advisory Committee, Trustee Pilchuck Glass School, VP Public Glass board of directors State speci?cally why you wish to sen/e, why you believe you are quali?ed for the position, and what you might contribute to the group:
see attached
(Use additional paper, ifnecessary)
hris Johansen
References (include name and daytime phone number: (1)
C
(2, Gem Gamage_
List any other committees/commissions on which you have or currently serve, and the year(s) of service:

Calistoga Housing Advisory Committee 18 months
i am willingto share my personal email address and phone number with the public during my appointment on a Commission, Committee or Board? Yes If No Upon appointment, designated members will be required to ?le an Assuming Of?ce Statement of Economic Interests (Form 700) within 30 days of being sworn in Covered of?cials willbe 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.

I have read, understand, and willabide by this statement (please initial \ l have suf?cient time to devote to this responsibility and plan to attend the required meetings if I am appointed to ?lla vacancy and I“*erer that l have read and understand the disclosure and regulatory W/‘z/ug
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 #6.6.

Steven Pinsky Planning Commission application addendum page 1 of 1
I am applying to fillthe next vacancy on the Calistoga Planning Commission. I am passionate about keeping Calistoga and its small town character while providing opportunities for managed growth that supports development of housing opportunities for our local workforce that currently cannot afford to live here due to the lack of qualifying housing stock.

In addition to my 50 plus years as a business owner and manager with over 100 employees I am a seasoned real estate investor and developer of commercial properties. I have served on the Calistoga Housing Advisory Committee for the past 18 plus months. As a member of that committee I helped with the creation of the newly adopted Housing Element portion of the city’s General Plan. I am also familiar with the priorities that the City Council recently adopted which includes the implementation of the Housing Element.

Item #6.6.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Mitch Celaya, Chief
Meeting: City Council - Jul 09 2024
Subject: 1429 Lincoln Avenue Parking Lot Lease Agreement Amendment DESCRIPTION:

Consider adopting a Resolution to authorize the approval of a parking lot Lease Agreement Amendment to an existing 2019 Lease Agreement
RECOMMENDATION:

Adopt the Resolution
BACKGROUND/SUMMARY:

On October 2, 2017, the City of Calistoga entered into a parking lot lease agreement with Calistoga Ventures, LLC, c/o David Jackson in a response to the Lincoln Avenue Bridge replacement project to address the loss of public parking behind the Calistoga Fire Department. Caltrans used the parking lot as a staging area during the Lincoln Avenue Bridge project. The intent of the lease agreement was temporary until the completion of the bridge project but allowed for an extension beyond the completion of the bridge project through a negotiated new lease agreement. This agreement required an annual rent of $1, one parking space reserved for David Jackson, and the City to maintain the parking lot only for public parking use (see attached 2017 Lease Agreement).

Upon the completion of the Lincoln Bridge project the City wished to extend the lease agreement.

On September 1, 2019, the City entered into a new lease agreement with Calistoga Ventures, LLC.

This agreement had a term of six months with a rent payment of $1, a reserved parking stall for David Jackson, and the same maintenance and use conditions as the 2017 lease agreement (see attached agreement). This agreement allowed for an automatic annual renewal upon the anniversary of the Commencement Date, unless a written notice of termination provided six months in advance. This lease agreement was timely given the onset of Covid and the introduction of parklets on Lincoln Avenue where parking spaces to were taken out of the Lincoln Avenue parking inventory. The number of leased parking spaces well exceeded the parking spaces removed as a result of the parklets.

In December 2023, David Jackson notified the City of wanting to modify the Lease or terminate it.

Mr. Jackson's primary modification was to change the rent requirement from $1 per term to $1000.00 per month to offset his costs associated with the property located at 1429 Lincoln Avenue.

As a result of unanticipated delays due to staffing vacancies this matter is now being addressed by submitting an amendment to the current lease agreement (see attached 2024 Lease Amendment).

The significant changes from the 2019 Lease Agreement are the following:
 $1000.00 monthly rent
Item #6.7.

 12 month lease term
All other aspects and obligations are the same particularly to the city's responsibility to maintain all aspects of the parking lot for public parking use and 6 months' notice of termination by either party.

ANALYSIS:

The City of Calistoga needs adequate parking spaces to address needs of the community and businesses particularly during holidays, special events, weekends, and during tourism seasons where an increase in parking demands occur. Effective January 2024 new State legislation was signed by the Governor that restricts parking at any intersection whether crosswalks are marked or unmarked. Vehicles can no longer park within 20 feet of an intersection or be subject to a parking citation as of January 2025. This new parking legislation will reduce the parking space inventory across Calistoga and increase the need for additional legal parking spaces.

A challenge in determining and projecting parking needs in Calistoga is the lack of data available specific to parking inventory, parking usage, and type of parking needed. Unfortunately, forecasting parking needs is based on anecdotal information. A parking study is needed to more accurately address and project future parking needs.

The City has impact fees available to cover the increased cost of a modified lease to ensure these additional spaces are available to the general public to support the local businesses.

CEQA STATUS:

Not Applicable
FINANCIAL IMPACT:

Transfer $12,000 of funds from Parking Fee Fund #55-3261 to General Fund for FY2024/25.

ATTACHMENT(S):
1429 Lincoln Avenue Parking Lot Lease Agreement Resolution 070924 Lease Amendment 1429 Lincoln 4862-6812-9210 v.1
September 2019 BofA Parking lot lease
745 - City of Calistoga - Jackson Lease for Parking Lot 2017 APPROVAL(S):

Connie Cardenas, Admin. Services Director Approved - Jun 27 2024 Laura Snideman, City Manager Approved - Jul 01 2024
Yudiana Galvan, City Clerk Approved - Jul 02 2024
Item #6.7.

RESOLUTION NO. 2024-XXX

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

NAPA, STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT AMENDMENT TO THE 2019 PARKING LOT LEASE

AGREEMENT WITH CALISTOGA VENTURES, LLC, C/O DAVID JACKSON FOR AN AMOUNT NOT TO EXCEED $1000 PER MONTH, FUNDED BY THE PARKING FEE FUND, 55-3261
WHEREAS, the City of Calistoga has a 2019 lease agreement with Calistoga Ventures, LLC, to utilize the parking lot spaces located at 1429 Lincoln Avenue, Calistoga California, 94515; and
WHEREAS, the parking lot is located in the business district of Calistoga and contains eighteen parking spaces and one parking space for disabled person’s parking; and
WHEREAS, the current lease agreement term is six months which automatically renews upon the anniversary of the commencement date and requires payment of $1 for each term; and
WHEREAS, Calistoga Ventures, LLC, requested a modification to the lease agreement, increasing the rental obligations from $1 per six-month term to $1000.00 per month and extending the term to twelve months to include an automatic renewal upon the commencement date subject to cancelation by either party with six months’ notice; and
WHEREAS, the City of Calistoga needs adequate parking spaces to address needs of the community and businesses particularly during holidays, special events, and weekends when an increase in parking demands occur; and WHEREAS, new State legislation reduces the parking spaces inventory due to expanding limitations on parking near intersections, thereby increasing the need for new parking spaces; and
WHEREAS, the City of Calistoga believes the need to continue leasing the additional parking spaces is important to address the need for adequate parking and support the businesses and vitality of the city,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Calistoga hereby authorizes the City Manager to execute the Lease Agreement Amendment to the existing 2019 Lease Agreement to lease the parking lot located at 1429 Lincoln Avenue, Calistoga California 94515 in the amount of $1000 per month funded from the Parking Fee Fund #55-3261.

Item #6.7.

PASSED, APPROVED AND ADOPTED this 9th day of July 2024. I, YUDIANA GALVAN, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:
____________________________ __________________________ Yudiana Galvan, City Clerk Donald Williams, Mayor
Item #6.7.

1 AMENDMENT TO LEASE
THIS AMENDMENT TO LEASE (“Lease Amendment”) is made as of this 1st day of May 2024 (the “Lease Amendment Effective Date”), by and between Calistoga Ventures, LLC, c/o David Jackson (“Landlord”) and the City of Calistoga, a municipal corporation (“Tenant”).

RECITALS
This Lease Amendment is made with reference to the following facts, intentions, and understandings, which the parties hereto agree are relevant to this transaction:

A. Whereas, Landlord and Tenant are parties to that certain Lease Agreement, dated September 1, 2019 (the “Lease”), with respect to certain property located at 1429 Lincoln Avenue, Calistoga, California, 94515, (APN 011-205-007) legally described in Exhibit A to the Lease and depicted on Exhibit B to the Lease. ("Property"); and B. Whereas, the Term of the Lease began on September 1, 2019 (the “Commencement Date”) for an initial term of six (6) months and continued thereafter with automatic annual renewals extending said term upon each anniversary of the Commencement Date; and
C. Whereas, Landlord and Tenant now wish to modify Tenant’s obligations under the Lease, extend the term of the Agreement by twelve (12) months with automatic annual renewals extending said term upon each anniversary of the Lease Amendment Effective Date and to increase the Payment of Rent to One Thousand Dollars (“$1,000.00”) per month; and D. Whereas, Landlord and Tenant desire to amend the Lease pursuant to this Lease Amendment.

NOW, THEREFORE, Landlord and Tenant hereto agree as follows:

Section 1: PROPERTY.

Subsection 1.3 of the Lease, dated as of September 1, 2019 (the “Lease”), by and between Landlord and Tenant, is amended to read as follows:

1.3 Parking Stalls. Tenant shall maintain (1) one (1) regular parking stall for the use of the landlord, and (2) one (1) parking stall designated as a “disabled person parking space” for public use.

Section 2: TERM.

Subsection 2.1 and 2.2 of the Lease, by and between Landlord and Tenant are amended to read as follows:

2.1 Term. The "Term" of this Lease shall be extended for a term of twelve (12) months to May 1, 2025.

Item #6.7.

2 2.2 Renewal. The Lease shall automatically be renewed annually upon the anniversary of the Lease Amendment Effective Date unless written notice is given per Section

2.3 of the Lease.

Section 3: RENT.

Subsection 3.1 of the Lease, by and between Landlord and Tenant is amended to read as follows:

3.1 Rent. Payments of Rent under this Lease shall commence as of the Lease Amendment Effective Date. Tenant shall pay to Landlord, at the following address: 3468 HWY 128, Calistoga, CA 94515, or at such other address as Landlord may from time to time designate in writing to Tenant for the payment of Rent to be payable monthly in advance on the first day of each month in the amount of One Thousand Dollars ($1.000.00). Tenant's obligation to pay Rent under this Lease survives the Term to the extent such obligation has not been fulfilled during the Term.

Section 4. MISCELLANEOUS.

Subsection 10.11 of the Lease, by and between Landlord and Tenant is amended to read as follows:

10.11 Notices. All notices to be given hereunder shall be in writing and mailed postage prepaid by certified or registered mail, return receipt requested, or delivered by personal or courier delivery, or sent by facsimile (immediately followed by one of the preceding methods), to the address below, or to such other place as Landlord or Tenant may designate in a written notice given to the other party. Notices shall be deemed served upon the earlier of receipt or three (3) days after the date of mailing.

LANDLORD: Calistoga Ventures, LLC
c/o David Jackson
3468 HWY 128
Calistoga, CA 94515
TENANT: Attn. Laura Snideman, City Manager
City of Calistoga
1232 Washington Street
Calistoga, CA 94515

4.2 Except as otherwise amended herein, all terms and conditions of the Lease Agreement, including Exhibits attached thereto shall remain in full force and effect. [Signatures on following page]
Item #6.7.

3 IN WITNESS WHEREOF, the parties have executed this Lease Amendment as of the Effective Date.

LANDLORD:

By: ______________________________
Name: ___________________________
Its: ______________________________
By: ______________________________
Name: ___________________________
Its: ______________________________
TENANT:

CITY OF CALISTOGA, a municipal
corporation
By: ______________________________
Name: Laura Snideman
Its: City Manager
Approved as to Form:

By:______________________________
City Attorney
Item #6.7.

4862-6812-9210 v1
Item #6.7.

LEASE AGREEMENT
”this.Law Agraemcm (“Lgasf'?e is made :«zmientered éutn as of September 1. ZM‘). (“E?cc?v ?ak") in and between{ ‘s?iamga E‘cmmvzs.E._31.1use ?avie‘ Jackssun(“Landkmh and the fig: of?alis‘mga. a municipal coqx‘araiiam€“Twant”:i.

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3. RENT.

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Item #6.7.

4. msu wag.
4,1 leggy: {mum shah. a; 'lenam‘s exgwnw.mmmmnuummcrcia!gem-mi liahiiiiy and pmpm inwmmzum an insszmnwequivalcm {incimi‘sngbut waslimited [0 12maf?rm! m a municipality dmugh and by ajnim {mums aulhnris}.:awktlinmnmwmoiof liabiiity cmtmge (”Maximal {36,75qu m (in?fwmia ("im‘emmem CodeSeaman673$“ 01' a‘imiizu- wiltzc?w} insuring agshm Iiabi'iityand gcrszmz?pmpcsty danmgc. ‘I’cmmmay :21ercarry and: 023miusumszw 'anmn may deem yruai‘cmm ?dwiaa?k’. in wt?) mmjum?s am} on ‘inCh1mm :45 [gmd?m? m1:
dacmitw. , ,
' ‘PAIRS AN ' AQAIN‘I‘ENAN TE.
“\ngg‘ut‘st livntimin Scnsz :11 {mum‘s cumin-e. 5 § shu? gm?msain the markingEm pardon of 131»:Property. my! ?u: building, in gum! wnditinn and Ftpi?t Tmam 31ml} make any t‘cqu?f*6.Npaégs man cwc?itiemsmama gawk; menewfm-suchrepairs. arise. ::3 :gm‘m'ancg imam Egmci?m?y iicksmwimigzés and $ng ' {hm Magma Ea:
‘ Eng {he prawn} or; :m‘35; is “3:314:41mats" basis, emc?ixémz and 5mm.mfrcgm, inclusiw:of {251 Skullsam} Guinea. whaihcrknmm m usigmma. as may cxi?t as nf‘the Iii‘t‘azcléwDune.Endu?ing ?ne m?mnmcmai cmxéitim‘: {“5 is: { undi?m") and mm.excup‘ as: cxprcssiy sci. ?ank hatch.

Tammi is mt miyingan an} repiumzmium ur warrantiesRum[andiord a5 tn matters «remaining the E’m?my.
c l .35}: E11:Pm mymmm.uwd by the 16mm unly far pub?c Parking. within{he dcvcmyxdmarking;1marm Eachsnd1h»;-cms?ngWilding. whit“ 1::3wprm‘isiunsc?his hum. Tenant'sexeamimaof this Ham: and can}; at"tinePmpsmy hereundershsll establish211m{kc ihrcgning,awm at web time In muszacwiy madman,
=33 iwmdlm' '3 Uswe. I.3224th may rmgumsxand l‘enum23133! gram{ha rightm use.tin:
entire Pmpcny furshy: Lewd}: s.:mn cxchmivcuse. subjectis: the folfowinggt-ruviséans:{i}such cxchsximus: may (mam musmu ‘ " 3.115131an8112mm.smygivm Emmi$53 {$53mnmhmmmct partied:
céi) the exclusi‘v'cuse 551321be {in a wrimiat“m! mun: than ".1hours: (iii? Landlerd shat! pmx-Edc:
m days. “?aw: mam-w ‘13::an of m; imam; :u cxurcisc {his cxchtaiw u; 'i-vyLxumiomshalt wean: from Emmi cxcimive mace mstmu “barber appmvcd m écnied. within ten Hi):
marking days: {'v’)Friar to giving :unicmLmn?mw must haw:Satureé 3Hnecamn‘ ?aming amt éz‘axsmmcuthat man3w.mquirmi far an} plmuwd aczh'itius:AsmuiazcdMW::12:cwman use ané 321:1}!?mvidcexédcnce thereof":{24}1andlmd': "a: mag rm:1th.assigned. um! “43} lit: 1.94:1;lest mcéusiw usegiraii nu:merger an m Fer-nub0fJuiy. thedamaffine(‘aiiwxga?ames: Tuhic m the date “me CaiismggaLighted{ratios Parade.

7. ENVIRONMENTALMATTERS.
'11 Mgmggg -2 ”my!
cxpc‘taw. wmr?y 99%;}:all Federai
Materials Laws":cmwemirxgm2mu
dis?azargcm (lisp-ma: «xf hazardenw, in.
mg, Bent; Lancik‘rdand imam ska”. 2:; their sale ms: and use.cw19:33Isms.from time anlime in effect (“Humanizing cram. use. generaiian.smmge. imnsmrzmhm,gnu-«Lanna
is. radizmziwm' carcimgcnic mazwiaia.subsmmcs a!
w
Item #6.7.

szcn {”Ilmardnus Mai?isls“). Iixccpxin; maleriaismmm?y and cuswnmraig.mm! in 9mm. such as; timing supplm. 103min mm]? quemxizis: {f :23.erglazed. neitherTennis:mu mmmm nor men—ug?msf m1pinyc¢s. cmzmcmrs, smiths. magnum; u: imiwm333113um handie. stare, mmspun.Mame eariiispusca!"any Hwatémzs Mawrialsanyax‘hcm5:}. am. under m amm1m.

Pmp?rtyat any punk?“1§1crm£ 'i‘ezxzmz and Lam?m?may 4::qu an} am} a“ HazardwsMaterials bmugmmw. umi generated,Emmior disciwgadinthe{’mm‘z};mEu:mnm‘w 13121:)thePwpmy and mnsgmnm?far dismsé? in accurdamu will:upp?mhlu ”mar-Jam MuxcriulaLinux, 3.2im?liird 5m“ havetherightto enter 1h:-Pmpm’tyYum?time:to timeto Gamma:193:5.inspccdtt-asand sun ay‘:
cmzwming Hamrdws Mamiais mi in mmimr ‘1“mem‘au‘ung?ianw “iii: 2%.:“b?gdiiu?‘:
eunucminguamriiuus Mamriszhsand Max:226Maturia?z-t Laws. 'l‘mam aha)! immediate!) main}- Landmrd in wriaatzxg, M maymlumary (Ewwup m-rsmsm? anion institutedm {trimmedhy Tenant. an} cui’smmmg «Eran-up, removal {2: uzlw r-uvcmmuumé m mgulmury action inszimwdw ihrwzmcd.a: my chairs:made unh <35ch 91 3:pcrwn agains:’i‘urmL,?es:Pmpm‘ljg‘ mlasingIn i'iazm‘dnusMaiwial? m I‘MZ‘d?iu‘JEmeiuls lama. {emu :«lmli alga auppEy[u I..=mdimdas pmmmiy as pessébéc. LIMEin an} m cm within 23w£5) busincss days a?cr ‘E‘cnamracciws m " Budg mum, azapicsMail whims.vegans. camalamts,:xmiccs.wsmings m‘ ?amed vialatims relatingit:
any way 20 the Primer!) m l'enzmz’s1m 1?:an andswimming l’lu?x?h‘uh Mam-3231s or ?a‘a?i?jvas Material!» Lam's.

7.3 23.133333 ngcmnifgcgzjgg. ram:pan} -}as:in?amni? defend mmhoié men?wr harmless 32mmany ck?mx.cauweq of action‘ léabiii Macs. dumag x. Enjzmwimmswim ?nch mnaizécs. casts or cxpemscs{inciuéjng azlurnay?' fax mm:xwmm} mum} ur a?cge? mhaw been mmé by aha:gramme of i?amrdmzs Mmeriais in ur about the Prawn}: incéwdimg. witln'm:

Ii ,_itaxipn. any Mb minty. death.pumped; Managuardazcrcascin value Make Framer!) cszuscé m' a?cged m have been mamaby me:usc.‘ garage, genemunmgwm's‘czukx:m-wlmw N”Hazarémus Manama in Vioh?nn af W31pmy’t; «Mi-3131mmumk‘: (his Lease.whethersack claims.cauws u!" action«32’liahi?zicsm ?rs: emscrtuiduring the:Tcrmortheicmkcr; am? inciu?ingwimmulimim?em, ctaizm :msdczaga‘ms!1hr:mkcr party with x2559“:m hud?g inking». 43381or pmpcnj; damage su?aéned h}-min} jm?it? cam-m3ur :zilcg‘d to have hem wuseri P1}the use. Mnmgc, gmcmtima. pmwxcc «21' New 01‘Ham-mm Malay

8. DEFAL I'.

3.3 32.55313 gm}? My Wlmgr “default" is mad 2;: Rhia‘Lame. dut’aah«few to ma} breachunder {his Lease huwm‘crbrief. When:a damn cmnimzr?:93;):{kc unwindspeci?ed mks i; EMELm the mile: party‘s uptiun. muslin“: an Evan: 0f 13¢me giving as}: m the rcnmdim Edam. 'l in: uncurrcmkt :sfany Mm:- t’ca?vwéng events may calmimscam“Wm! of Defanltt"

8.3.! ‘imzmt‘s mum:in my Rem 021 lbs: duh: whnn dun- ;md the {mime wayinuing 1m2: {wind of i5 clawmay such pug-momis due: m:

8.3.3 Him-erpang,"s éhiiurc mymama2mwwnmmam} ub?gaiiumshereunder (cxccg? {icg‘auh in?le 533331112311 of Rum!Mme ?nch?zélm‘ecarazirmesI‘ma {mindit?313day?.

5.1 1 mm i a;
872.? ’l'cminméng. In 563%uwmam4‘.ammrrwccuf’an}Eventm“1mm, Eh:

Item #6.7.

part). claimingde Emitshag 31;»ch light wegévc a writicn Icmzinmimamike m the ?EhE!puny and.m 3hr:gym:xpmi?mit:Suchmalice{which ?rm:shaltbe a: Mass1m: mam (533.3Mimving the date of d‘ciix‘cryuf suck” yticc'é. {his 5saw shed!taminmv units: an m" hefot-csuch date 321 mums of Rumand a}?min? sums payableby imam uncle:this Law: («ad 313emits am?emissizs incurredby 01' m: $16213”m‘hmdku‘dhcnwadea’shallhave been paidby Tenant andmr 2:“9mmliven-Lsm"Defeat:3: the?mc rgxim?gmat: havebeen fuliy rcmcditadm the satisfacxicmnfiha mmdc?mi?ng party.

A.“ Regossu?irogg. Fulinm'ng mmimtinn by Lam?rjrd. without i‘vicjw?wto min-t:cmcdics imxdhu-dmay hum-c.imxdlwd may 13)pmw?ly {sterner the Pmpcny L:;1«.)n-w,'olunmrysmendcr by 'E‘cxmmur gramme Trams: “mis?omam!{my othermsonsoccugaying she i’mmny. using:web icgal pm “wings as truly EIL-.n-uiia?lc; {i5}rcpussca? the.l’mpmy m m 2m1m-I’mpeny at any part ?urry 3 {in 32m!)mrmiwhiahmay be for a term extendingIzcwndmu Mm). m Myth mum!and WW such other{arms and candhémm as-Lam?md in i?ndlord’s903::
i?‘ mien 511331dammit»; withthe ?ght mmakemagma-akin:aimm?uns331drepairs1:: thePrawn):
11m!€xiiimawvc all pcrmnai pmpcrqvmme?nm,
R. 1.1311? ' "
r31.Lum?ku‘é shah Mac 33::{he ?ghts and mummiesm”.1.
lum?md pmvidcd by appkca'i'slcLaw. » ?uéing Elmtight in mum at E‘mmYesmm:m} ?u: ‘Mmh.:31 the time m'uwa?i nfahc zxnpaiéj Remrm:had keen 23mm!:41are?rm:a’?’lcminminm {h} 1h: mmh. an.aim Lima:ut‘awaml.131':31:ezmsmmby which the unpaid Rem that wank} have»: bum cammé after medate 02"mmiumim and? the ?lm: us"mum) new ‘5 1h: amount dt’iass at“vent that '1emu; gamus mumhaw been rcu?ouabéy avoided, {a} the:warm.3-1Lil-cmm:m‘zm-unh«f the mama!!! i“ which the unpaidRent in: the Emimce(£51m 113mlafter the time u?award cxccedxthe uranium m" me1135:;:31"run:than111mmpmvuh amid have beenreasonably unaided.and {d}any «saber amount, and com, mats. necessary in mmpensmc anilmd far all Limit-mmmaximmcéy named by l‘ma?fs de?auh

9. ASS'HNEWENTAWDSUE E TLNG.
{mam ?lm?!not ($93311.mbfut ur uihcmésv :mnsé‘ur. whether voiuntarily 0r ixwolumuriiy as: by upslu?mi ut' Law, this Lama, tins:Pf?ptf?y ur am’ pm mmm; \aézlmm Landlordg; guitar“1::ch awrmni.“hick ma}, h: 333mmin Landfani‘aEcawzmm:disurczhm. Any sublcam‘an; Lament m— what:music: agrccmcmsshali be subjectto Emad§urd‘s prim-m’éum aypmvai.“him may be granted in 1.4mdhm1‘smmmabic ?guration. Emma's aneanmedasax?gnmm?wbieningwiakum 13:54. abwixzingLandloxd'awhim camera:.5le be mid a: Landlord‘selectim. mmwmcunscm to me m?igrumzmm subhuing shat! um be.damned calms“ 1o submquem amig?mcnm anéfm whimu This [misc may mmbe assigned by upcmthm.13"km. "my pnmmcé assigmscm m :mhleuing wmmry m am:pm‘ iiim’mnew»: 3mm be mm! a: Landmm'rs clamor: and shali Gunsmmc :m 3&va ?? Defaulthercumien
II}. MlSCELLANE-Otf?.
51).] timbreAgra: c311,'E‘hi‘sLcuscsets forth 3%!the ugnzvmumxwacn mn?ord am ?amma- timerera;or mitten mhcrthan.as
m: ?‘s?hhernia.

Item #6.7.

H43, Iimeyl‘?gsgmc. Ti: 4: is afar: {mantra uf?lis-Isaac.

30.3 Seycrabélisv. tf an)? pmvi?im as?amLama 01' [he applécuiécmuf any such prmisimm51ml?b4:MM . a man of Gamma-mIgarixdm?cmLi:he EmuléaL wixi ur unmsbrwablc 20 any exam. the rcn‘zainirag: ?rm-Mom:34{hi5 Lam and the appiica?on ?’lcft?f sin}? remain in 4M!fem andMeet and $3133!nevi b4:a?'cmed.impairedw Emulidawd.

WA 1153‘}:”WhigLeas»: shad!be: cmnsn'w‘? and unziammiin wwrdzmcc with 4h: 5m};m’ m:state a?Ca?famia.“ax-“£14m“ relish-m:mE; $3135320?4:49:pm: , “
. 52 rm Suhjma m m:us.~ignmcmpron.iséu x mmwasLea-a:
shill?be hén?éagagar:and mum? U theRacialof mesuccesmra and zusigns‘.:54Landiw'dand Emma.

10.43 remain,
thing 412122311 is»311quch m creme.mg.m?rdpars}
“L7 :34*gmgzrgqgg‘iqmgglLEgv" lg imam may ciuscz:0 have either 13155;[case at a shim Elan-nmumr mdumhsmvf reaf?rm pursuwz:Lu 1}“:mqn‘znenmus m“C‘aéifmrniu {jmcr?mcm &mic sectiim.337393' lundiord snail ampumzcWm; {umm' m a‘xccmingmmacmnuludging am}, suchmmmrmulum4;! 1mm;
1'0.4-: \wnu. , hi»; m .inint\ wigs; Numssm«4:414:8qu hurcir; fin}! an} am; me a: [mum harem«£14in1'»;diremxda! C(mstmm b» the marks;haremmr b} 21:“thin!93m. .2. «wring the minimising?(3fpmwipuland agent m Mpanmrsl?p m 4»:3mmxmama:by the .m‘tics sacrum01' any mimismshigwhat manthe rcimimmhipufimzdhml and lcrwm.

U} ‘9 13m; ’ n. The iitlus 30 {kc ricmomm L1" Emm- nra 2mm: part ‘1:th LmJshall 11:;e rm C?LGEugumKim:wnatnzmmnctr imerpmah n mum.part 494{NH m5: 3&5used in this;Agreement. mascufim, £4236szchm neuter gcndcr um}? 41m?ingnizu’M pium‘lnum‘m man 43:41be deemedm inciude the when: whereuné wlwn the annex:s4: dimmus.The:ward "kwiudlng"shag Emmama-um} .33 if 4111mm1%}tin:mm "wi?zmuBmim?ixm."Hm:?gmcmem shalt he,”11lumr?cds 4h~maghpmpm‘cdjmméy by 454414: frame-x

10.312! ,Nu “a?“ c! orat:\ dcéaul: or hxeavh hammdur shalt be impiicd fmm 1m} mnimiuna: take 1m nn mmum chewedMutuah‘m'xdmv an) u:155mm and piss! c 65.?course 4:1“ dmimg. No.waé’vc: by uislm 34:. n} a: an: pmxisiun1331ch {Ma muse 4%“ 1m:efécctivc méem in writingand signedby such pan}: Numnixgr 3114414 azi‘l‘cca may41c{mm calm 211331 thealc?mhspccé?cd 3n the waner and 1km such waiver $3132!kwani‘n‘?éw uni}, in: the ?rmsand m we mam: :bumin f”"‘iffli ‘?aiwm (:5: ny caveman! $31244112m be coneatmec?2L, :4 waiver a? any sabsequm: break 142' mmum.
um Z , Ali no?ccsto be:SlumImmundm‘934:!be in writingam“;maxim:pusmgc prepaid by cemm? or mgis4¢w¢1 mail. return tetcém requmsvz?,m' ?ctiivcrcdb mammal m ‘(smiur «Mix gr} m- sem by facsimile ?mmcdimciy Miwwcd by (me: {at the p‘rm midrcss helm“ or to such 0111425 place a:-Landhwdnr'l'cmmaw; 1} designateana:\wrmcn m .

In aim4"th!party Names5MBhr:dccmcdmew:54]1mm (11:mm Mrace}?!:22!limw4.131.3135‘mm the aims{x1mmhng.

Item #6.7.

LANDU )Ri): Cabanas“Vm'?uretvi.HAL“.
m: Davidlacksm:
340?!HW‘?133
CalimngauCA 94515
WNAN‘F: Aim: MikeKim.(33* Manager
City of Cfalismga
123? ‘W u?gjm‘l Sims:

L’ztiismga,CA 945%5
ml; 31
05mm“; 515:5 ‘ my 3- {nubpan-3haremrcpmz’i «max and warrants. 61:11it hm: my:

E9!13 Agz?k 339Fmt: individuzzénr miinxrxccs‘ling€hi5 § case: on M; ult‘uf'l'ergum ruprummand “autumn mi he or 51mm 1' s dun,au?mm: M w cwcumand dciixct skisl case can mm}! of Venus?!and 1315!. mg}: mcwikm vs;hmu’mgafar: Tammi H? N g; Hangar (790w,£11: xcrminmionm‘this 1cast: at Tenant‘s right m www?mn: m“ the Mummy; ‘l‘zmmWEIsurrenderthe i’mpmy. mgmhc: \rim ail keys. in ngi madman and repair. rcusmm {6 Wm: uni: New exwg?ud,
IN WWNESeSW!IERH,3I~'._15wpanics have cxmznwthis[1:21:51-515“Mm: ??é’ccxiw 573:5:

LANDLORD:
» (0 . at ‘ v% 1 Fan— ' x Rmdcwu 59-0
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«WV ””5 ‘3?3oi7,a§“r. Nzamzf?A‘ggb ?ywa?
v
{‘1‘}? HF ("ALESE()£§:& a municépa!
mmumkiuu
3%: {5/?zxygw Nam; MikeKim
512::{.513Mm gar
Item #6.7.

Exhibit A
LIfZ?ALDESCRIVI‘HWOF PROPERTY
Rea!prawns in the City 0fCaiistaga. County ofNana.State nf f‘alifm'nia.described:13 mm x:

TEE VHRTHER‘NONE-HALFOF LOTS7 AND l2, FRONTIER; 30 PEI-IT0N UNCOLN AVENUE AN!) 30 FEET ‘0?"FIRST STREET.ANDTHE SGHTHERN 051-“.- HALF 0F LOTS 6 AND 13.FRONTINC; 30 FEET 6N UNCULN fW’ENUI-IAND30 FEET 03%FIRST STREET, ALL [52 BLOCK A 0F CALISTOGAl'RUI’I-ZRT.SO« (MAJ-ID, AS SHOWN (IN THE MA? ENTITI .91“, “MAP OF CALIS‘I‘CJGAEROW‘WG HS E.X£NSI(’)NS. fill RROUNMNGSAM? THE HOT 59!:LPHUR SPRINGS.NAPA CIDENTY.CAL". FILEDMARCH01. 1871INTHE QFRCE OF THE CINENTY RECUIRDER OF SAID NAPA COL"NTY} SAID BLOCK A EEQNG ‘i‘iiA'l‘ BLOCK SO LETTERED 0N SAID MAP A531} BULL‘ )1!le ON THE NORTH BY RAILRGAD AVENUE(950“? FAIR WAY). 0‘? THE AS? EV LINCOLNAVENt-‘E, “N THE 3301??“ 3" WASHINGTON STREET AND01“ THE “EST 8’? FIRST STREET:

EKCEPTING THEREFROMHOWEVER?THE E.~\.$TER,N 8 FEETTHEREOF AS DESCMRED IN THE. 11‘ ' TO THE TOWN 0!" (?.-’\LIST( KM RECORDEDMELY(Mg 188‘} IN BOOK”~350F DEE!” AT S‘AG‘S‘. 242.SA“) NM‘A COUNTY RECORBS.

AFN: (3] i ~3C¥$~907
Minn-2tA
Item #6.7.

Exhi isB

DEPICFIONOF THEPROPERTY
m MvWA??vnmuii‘?ngwm
%{dubs} 5
Item #6.7.

d’s ReservedRights

LEASE AGREEMENT
This Lease Agreement (“Lease”) is made and entered into as of October 2, 2017, (“Effective Date”) by and between Calistoga Ventures, LLC, c/o David Jackson (“Landlord”) and the City of Calistoga, a municipal corporation (“Tenant”).

1. PROPERTY.

1.1 Property. Landlord is in possession of certain property located at 1429 Lincoln Avenue, Calistoga, California, 94515, (APN 011-205-007) legally described on Exhibit A attached hereto and incorporated herein by reference and depicted on Exhibit B attached hereto and incorporated herein by reference ("Property").

1.2 Landlor . Landlord and his representatives reserve the right to enter the Property at any time.

1.3 Tenant shall maintain at least one (1) parking stall at all times for use of the Landlord.

1.4 Tenant, with the consent of the Landlord, will be allowed to post appropriate signage on the property to designate “term parking limits” and “public parking” area.

2. TERM.

2.1 Term. The "Term" of this Lease shall begin on 10/02/17 (the “Commencement Date”) and shall continue until the completion of the Lincoln Avenue Bridge Project. The Lincoln Avenue Bridge Project shall be considered complete when the existing public parking lot behind the Calistoga Fire Station has been vacated by CalTRANS and is re-opened for public parking. Tenant may terminate the tenancy by giving written notice on any date to the Landlord at least 30 days prior to the intended termination date. This Lease shall be deemed terminated on the date set forth in the written notice. Should the tenant request an extension beyond completion of the Lincoln Avenue Bridge Project, the Parties may negotiate a new lease agreement.

3. RENT

3.1 m. Payments of Rent under this Lease shall commence as of the Commencement Date. Tenant shall pay to Landlord, at the following address: 3468 HWY 128, Calistoga, CA 94515, or at such other address as Landlord may from time to time designate in writing to Tenant for the payment of Rent, annual rent in the amount of one dollar ($1.00), in advance, on the ?rst day of each calendar year. Tenant's obligation to pay Rent under this Lease survives the Term to the extent such obligation has not been ful?lled during the Term.

Item #6.7.

As-Is Conveyance

4. INSURANCE.

4.1 Tenant. Tenant shall, at Tenant’s expense, maintain commercial general liability and property insurance or an insurance equivalent (including but not limited to that offered to a municipality through and by a joint powers authority, a self-insurance pool of liability coverage authorized pursuant to California Government Code Section 6500 or similar collective) insuring against liability and personal property damage. Tenant may also carry such other insurance as Tenant may deem prudent or advisable, in such amounts and on Such terms as Landlord shall determine.

5. REPAIRS AND MAINTENANCE

5.1 Tenant’s Obligations. Tenant, at Tenant’s expense, shall maintain the parking lot portion of the Property, not the building, in good condition and repair. Tenant shall make any required repairs in an expeditious manner should the need for such repairs arise.

5.2 . Tenant speci?cally acknowledges and agrees that Tenant is leasing the property on an “as is with all faults” basis, condition and state of repair inclusive of all faults and defects, whether known or unknown, as may exist as of the Effective Date, including the environmental condition (“As Is Condition”) and that, except as expressly set forth herein, Tenant is not relying on any representations or warranties from Landlord as to matters concerning the Property.

6. USE.

6.1 Usage. The Property shall be used only for public parking within the developed parking lot area behind the existing building. Tenant's execution of this Lease and entry of the Property hereunder shall establish that the foregoing were at such time in satisfactory condition.

7. ENVIRONMENTAL MATTERS.

7.1 Environmental Compliance. Both Landlord and Tenant shall, at their sole cost and expense, comply with all Federal, State or local laws from time to time in effect (“Hazardous Materials Laws”) concerning the management, use, generation, storage, transportation, presence, discharge or disposal of hazardous, toxic, radioactive or carcinogenic materials, substances or wastes (“Hazardous Materials”). Except for materials normally and customarily used in of?ces, such as cleaning supplies, kept in small quantities and safely stored, neither Tenant nor Landlord nor their agents, employees, contractors, sublessees, assignees or invitees shall use, handle, store, transport, release or dispose of any Hazardous Materials anywhere in, on, under or about the Property or any portion thereof. Tenant and Landlord shall ' cause any and all Hazardous Materials brought onto, used, generated, stored or discharged in the Property to be removed from the Property and transported for disposal in accordance with applicable Hazardous Materials Laws. Landlord shall have the right to enter the Property from time to time to conduct tests, inspections and surveys concerning Hazardous Materials and to monitor Tenant's compliance with its obligations concerning Hazardous Materials and Hazard Materials Laws. Tenant shall immediately notify Landlord in writing of any voluntary clean-up or removal action instituted or proposed by Tenant, any enforcement, clean-up, removal or other governmental or regulatory action instituted or threatened, or any claim made or threatened by Item #6.7.

Mutual Indemni?cation
Repossession
any person against Tenant, the Property relating to Hazardous Materials or Hazardous Materials Laws. Tenant shall also supply to Landlord as promptly as possible, and in any event within ?ve (5) business days after Tenant receives or sends same, copies of all claims, reports, complaints, notices, warnings or asserted violations relating in any way to the Property or Tenant's use thereof and concerning Hazardous Materials or Hazardous Materials Laws.

7.2 . Each party shall indemnify, defend and hold the other harmless from any claims, causes of action, liabilities, losses, damages, injunctions, suits, ?nes, penalties, costs or expenses (including attorneys’ fees and expenses) caused or alleged to have been caused by the presence of Hazardous Materials in or about the Property, including, without limitation, any bodily injury, death, property damage, decrease in value of the Property caused or alleged to have been caused by the use, storage, generation, presence or release of Hazardous Materials in Violation of each party's obligations under this Lease, whether such claims, causes of action or liabilities are ?rst asserted during the Term or thereafter, and including without limitation, claims made against the other party with respect to bodily injury, death or property damage sustained by third parties caused or alleged to have been caused by the use, storage, generation, presence or release of Hazardous Materials.

8. DEFAULT.

8.1 Events of Default. Where “default” is used in this Lease, default refers to any breach under this Lease, however brief. Where a default continues for the period speci?ed below, it shall, at the other party’s option, constitute an Event of Default giving rise to the remedies set below. The occurrence of any of the following events may constitute an “Event of Default”

8.1.1 Tenant’s failure to pay Rent on the date when due and the failure continuing for a period of 15 days after such payment is due; or

8.1.2 Either party’s failure to perform its covenants and obligations hereunder (except default in the payment of Rent) where such failure continues for a period of 30 days.

8.2 Remedies.

8.2.1 Termination. In the event of the occurrence of any Event of Default, the party claiming default shall have the right to give a written termination notice to the other party and, on the date speci?ed in such notice (which date shall be at least two business days following the date of delivery of such notice), this Lease shall terminate unless on or before such date all arrears of Rent and all other sums payable by Tenant under this Lease and all costs and expenses incurred by or on behalf of Landlordhereunder shall have been paid by Tenant and/or all other Events of Default at the time existing shall have been fully remedied to the satisfaction of the non-defaulting party.

A. . Following termination by Landlord, witho
prejudice to other remedies Landlord may have, Landlord may (i) peaceably re-enter ut the Property upon voluntary surrender by Tenant or remove Tenant therefrom and any other persons occupying the Property, using such legal proceedings as may be available; (ii) repossess the Item #6.7.

Ungaid Rem
Emire Agreement
imam
01's and Assigns
Property or re-let the Property or any part thereof for such term (which may be for a term extending beyond the Term), at such rental and upon such other terms and conditions as Landlord in Landlord's sole discretion shall determine, with the right to make reasonable alterations and repairs to the Property; and (iii) remove all personal property therefrom.

B. . Landlord shall have all the rights and remedies of a landlord provided by applicable Law, including the right to recover from Tenant: (a) the worth, at the time of award, of the unpaid Rent that had been earned at the time of termination, (b) the worth, at the time of award, of the amount by which the unpaid Rent that would have been earned after the date of termination until the time of award exceeds the amount of loss of rent that Tenant proves could have been reasonably avoided, (c) the worth, at the time of award, of the amount by which the unpaid Rent for the balance of the Term after the time of award exceeds the amount of the loss of rent that Tenant proves could have been reasonably avoided, and (d) any other amount, and court costs, necessary to compensate Landlord for all detriment proximately caused by Tenant's default.

9. ASSIGNMENT AND SUBLETTING
Tenant shall not assign, sublet or otherwise transfer, whether voluntarily or involuntarily or by operation of Law, this Lease, the Property or any part thereof, without Landlord's prior written approval, which may be granted in Landlord’s reasonable discretion. Any sublease or assignment or other transfer agreements shall be subject to Landlord's prior written approval, which may be granted in Landlord’s reasonable discretion. Tenant's attempted assignment/subletting without ?rst obtaining Landlord's written consent shall be void at Landlord's election. Landlord's consent to one assignment or subletting shall not be deemed consent to subsequent assignments and/0r sublets. This Lease may not be assigned by operation of law. Any purported assignment or subletting contrary to the provisions hereof shall be void at Landlord's election and shall constitute an Event of Default hereunder.

10. MISCELLANEOUS.

10.1 . This Lease sets forth all the agreements between Landlord and Tenant concerning the Property and there are no agreements either oral or written other than as set forth herein.

10.2 Time of Essence. Time is of the essence of this Lease

10.3 . If any provision of this Lease or the application of any such provision shall be held by a court of competent jurisdiction to be invalid, void or unenforceable to any extent, the remaining provisions of this Lease and the application thereof shall remain in full force and effect and shall not be affected, impaired or invalidated.

10.4 Law. This Lease shall be construed and enforced in accordance with the law of the state of California, without reference to its choice of law provisions.

10.5 Success . Subject to the assignment provisions herein, this Lease shall be binding upon and inure to the bene?t of the successors and assigns of Landlord and OAK #4823-2086-2800
Item #6.7.

Third Party Bene?ciaries
Memorandumof Lease' Title
Agency: Partnershipor Joint Venture
Intemretation
Notices
Brokerage Commission

10.6 . Nothing herein is intended to create any third party bene?t.

10.7 . Tenant may elect to have either this Lease or a
short form memorandum hereof recorded pursuant to the requirements of California Government Code section 37393. Landlord shall cooperate with Tenant in executing and acknowledging any such memorandum of lease.

10.8 . Nothing contained herein nor any acts of
the parties hereto shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture by the parties hereto or any relationship other than the relationship of landlord and tenant.

10.9 . The titles to the sections of this Lease are not a part of this Lease and shall have no effect upon the construction or interpretation of any part of this Lease. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others where and when the context so dictates. The word "including" shall be construed as if followed by the words "without limitation." ThisAgreement shall be interpreted as though prepared jointly by both parties.

10.10 Waiver. No waiver of any default or breach hereunder shall be implied from any omission to take action on account thereof, notwithstanding any custom and practice or course of dealing. No waiver by either party of any provision under this Lease shall be effective unless in writing and signed by such party. No waiver shall affect any default other than the default speci?ed in the waiver and then such waiver shall be operative only for the time and to the extent therein stated. Waivers of any covenant shall not be construed as a waiver of any subsequent breach of the same.

10.11 . All notices to be given hereunder shall be in writing and mailed postage prepaid by certi?ed or registered mail, return receipt requested, or delivered by personal or courier delivery, or sent by facsimile (immediately followed by one of the preceding methods), to the address below, or to such other place as Landlord or Tenant may designate in a written notice given to the other party. Notices shall be deemed served upon the earlier of receipt or three (3) days after the date of mailing.

LANDLORD: Calistoga Ventures, LLC
c/o David Jackson
3468 HWY 128
Calistoga, CA 94515
TENANT: Attn: Dylan Feik, City Manager
City of Calistoga
1232 Washington Street
Calistoga, CA 94515

10.12 . Each party hereby represents and warrants that it has not obtained the services of a broker in connection with this Lease. #4823-2086-2800
Item #6.7.

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Exhibit A

LEGAL DESCRIPTION OF PROPERTY
Real property in the City of Calistoga, County of Napa, State of California, described as follows:

THE NORTHERN ONE-HALF OF LOTS 7 AND 12, FRONTING 30 FEET ON LINCOLN AVENUE AND 30 FEET ON FIRST STREET, AND THE SOUTHERN ONEHALF OF LOTS 6 AND 13, FRONTING 30 FEET ON LINCOLN AVENUE AND 30 FEET ON FIRST STREET, ALL IN BLOCK A OF CALISTOGA PROPERT, SOCALLED, AS SHOWN ON THE MAP ENTITLED, “MAP OF CALISTOGA SHOWING

ITS EXENSIONS, SURROUNDINGS AND THE HOT SULPHUR SPRINGS, NAPA COUNTY, CAL.”, FILED MARCH 01, 1871 IN THE OFFICE OF THE COUNTY

RECORDER OF SAID NAPA COUNTY, SAID BLOCK A BEING THAT BLOCK SO

LETTERED ON SAID MAP AND BOUNDED ON THE NORTH BY RAILROAD

AVENUE (NOW FAIR WAY), ON THE EAST BY LINCOLN AVENUE, ON THE SOUTH BY WASHINGTON STREET AND ON THE WEST BY FIRST STREET.

EXCEPTING THEREFROM HOWEVER, THE EASTERN 8 FEET THEREOF AS DESCRIBED IN THE DEED TO THE TOWN OF CALISTOGA RECORDED JULY 01, 1889 IN BOOK 45 OF DEEDS AT PAGE 242, SAID NAPA COUNTY RECORDS.

Exhibit A
Item #6.7.

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Exhibit B

DEPICTION OF THE PROPERTY
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Item #6.7.

10.13 Authorization. Each individual or entity executing this Lease on behalf of Tenant represents and warrants that he or she or it is duly authorized to execute and deliver this Lease on behalf of Tenant and that such execution is binding upon Tenant.

10.14 Surrender. Upon the termination of this Lease or Tenant's right to possession of the Property, Tenant will surrender the Property, together with all keys, in good condition and repair, reasonable wear and tear excepted.

IN WITNESS WHEREOF, the parties have executed this Lease as of the Effective Date.

LANDLORD:

By:

Name:

Its:

By:

Name:

Its:

TENANT:

CITY OF CALI a municipal
By:

Name: F
Its: City
Approved as to F
By
Attorney
Item #6.7.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Rachel Melick, Parks & Recreation Director
Meeting: City Council - Jul 09 2024
Subject: Fairgrounds Great Lawn Rental Fees
DESCRIPTION:

Fairgrounds Great Lawn Rental Fees
RECOMMENDATION:

Consider adopting a Resolution that establishes a rental fee, refundable deposit, and application fee for usage of the Great Lawn at the Fairgrounds property.

BACKGROUND/SUMMARY:

With ownership and the associated operational responsibility of the Fairgrounds by the City of Calistoga anticipated to occur in July of 2024, staff has received requests for usage and rental of the Great Lawn located next to the Crop Building (art center). Staff is recommending the adoption of rental fees for the Great Lawn.

ANALYSIS:

Prior to the fairgrounds property ceasing operation, there were various groups that rented the great lawn for different special events. These included but were not limited to:

1. Events such as concerts, car shows, circuses, and athletic events

2. Vehicle staging

3. Parking for special event producers
As the city approaches ownership ofthe Fairgrounds property, staff have begun receiving requests for rental and usage of the Great Lawn property located near the Art Center. In evaluating appropriate fees for the usage of the lawn, staff analyzed fees at similar properties to determine an appropriate fee. Some items that were taken into consideration were:

1. The size of the field in comparison to other properties

2. Amenities available to the renter

3. Desireabililyt of the location

4. City staff time involved across city departments

5. Daily rental vs. hourly fee
At this time, staff are recommending a fee of $1,200 per 24-hour rental for usage of the Great Lawn.

The recommended $1200 fee is consistent with other surrounding agencies’ 24-hour rental rate, with spaces of similar likeness and size. The recommended fee considers the expectation that the renter will arrange for bathroom facilities and contracted services for event-generated trash pick-up.

Item #6.8.

Staff recommends renting on a 24-hour basis, as many events historically taking place at the property would span an entire day or multiple days. A 24-hour based rental rate would offer a less complex approach administratively, therefore eliminating some staff time.

In addition to the daily rental fee, staff is recommending a deposit fee and an application fee. The deposit fee would cover any damage incurred by the user while the application fee is an administrative fee to cover the cost of processing the application. These fees are recommended as follows:

1. $800 refundable deposit fee

2. $50 application fee
The fees (daily rental rate, refundable deposit, and application fee) for rental of the Great Lawn will be added to the City's Fee Schedule (most recently termed "Book of Fees").

CEQA STATUS:

No CEQA review is required as part of this intial direction to staff on next steps.

FINANCIAL IMPACT:

At this time, it is unknown how many rentals will take place throughout the year making revenue estimates difficult. There will be administrative costs incurred in renting the space. However this should be offset by the application and rental fees.

ATTACHMENT(S):

Rental Fees Resolution
Great Lawn Field Image
APPROVAL(S):

Connie Cardenas, Admin. Services Director Approved - Jun 27 2024 Laura Snideman, City Manager Approved - Jul 01 2024
Yudiana Galvan, City Clerk Approved - Jul 02 2024
Item #6.8.

ATTACHMENT 1
RESOLUTION NO. 2024-XXX

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

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

ESTABLISH RENTAL FEES FOR A PORTION OF THE NAPA COUNTY
FAIRGROUNDS PROPERTY.

WHEREAS, with ownership and associated operational responsibility of the Napa County Fairgrounds by the City of Calistoga anticipated to occur in July of 2024; and WHEREAS, staff has received requests for usage and rental of the Great Lawn located next to the Crop Building (art center); and WHEREAS, staff are recommending the adoption of rental fees for the Great Lawn; and
WHEREAS, staff are recommending a fee of $1,200 per 24-hour rental for usage of the Great Lawn, an $800 refundable deposit, and a $50 application fee; and WHEREAS, staff are recommending the fees outlined are added to the city's book of fees,
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Calistoga as follows: that the Calistoga City Council hereby authorizes the City Manager establish rental fees of $1200 per 24-hour rental, an $800 refundable deposit, and a $50 application fee for usage of the Great Lawn as part of the City of Calistoga's Book of Fees' (Fee Schedule).

PASSED, APPROVED AND ADOPTED this 9th day of July 2024. I, YUDIANA GALVAN, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:

Yudiana Galvan, CMC, City Clerk Donald Williams, Mayor
Item #6.8.

Item #6.8.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Yudiana Galvan, City Clerk
Meeting: City Council - Jul 09 2024
Subject: Revising the City's Conflict of Interest Code
DESCRIPTION:

Revising the City's Conflict of Interest Code to update and possibly add new positions that may be required to file Annual Statements of Economic Interest. Public input is welcome, please send your comments to [email protected] by July 30th at 2 p.m.

RECOMMENDATION:

Consider approving that the City Manager and City Clerk begin a revision process of the City's Conflict of Interest Code and its designated positions to adopt an updated one at the following Regular City Council Meeting.

BACKGROUND/SUMMARY:

The California Political Reform Act, (Gov. Code Sections 81000-91014) requires many local public officials and employees to file public, personal financial disclosure reports known as Statements of Economic Interests - FPPC Form 700.

Under the Act, cities are required to adopt and implement a separate Conflict of Interest Code, which is to be updated and adopted every 2 years. Designated Employees, Commissioners, and Elected Officials must file Statements of Economic Interests. The designated filers and the types of economic interests they must disclose are listed in the City of Calistoga's Conflict of Interest Code.

The city adopted the current Conflict of Interest Code.

The City Clerk, as Filing Officer, administers the Conflict of Interest Code at the local level and notifies elected officials and each designated employee and commissioner of his or her filing obligation. Officials designated in the Conflict of Interest Code are required to file an Assuming Office Statement when they assume a designated position, an Annual Statement each year and a Leaving Office Statement within thirty days of resignation or termination. Filers must sign the Form 700 under penalty of perjury. Once filed, the form is a public document and must be made available to the public upon request.

ANALYSIS:

The City's current Conflict of Interest Code was adopted on April 21, 2020 by resolution No. 2020-27 (Attachment 1) and is overdue for updating. Specifically, there are some new positions that may need to be added as a designated position.

FINANCIAL IMPACT:

None
Item #6.9.

CEQA STATUS:

No Impact
ATTACHMENT(S):
2020-027 Conflict of Interest Code
APPROVAL(S):

Connie Cardenas, Admin. Services Director Approved - Jul 02 2024 Laura Snideman, City Manager Approved - Jul 03 2024
Yudiana Galvan, City Clerk Approved - Jul 03 2024
Item #6.9.

RESOLUTION NO. 2020-027

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA,

COUNTY OF NAPA, STATE OF CALIFORNIA, RESCINDING RESOLUTION 2018-019 AND ADOPTING A REVISED CONFLICT OF INTEREST CODE.

WHEREAS, pursuant to California Government Code commencing with Section 87300, the City Council is required to adopt and promulgate a Conflict of Interest Code (“Code”); and WHEREAS, pursuant to Government Code Section 87302, the Conflict of Interest Code shall provide for specific enumeration of the positions within the City, other than those specified in Government Code Section 87200, which involve the making or participation in the making of decisions which may foreseeably have material effect on any financial interest and for each such enumerated position, the specific types of investments, business position interests in real property and sources of income which must be reported; and WHEREAS, the Fair Political Practices Commission (“FPPC”) has adopted a regulation (Fair Political Practices Commission, Title 2, Div 6, California Code of Regulations Section 18730), which contains the terms of a standard conflict of interest code, which can be incorporated by reference and which may be amended by the FPPC to conform to amendments in the Political Reform Act; and
WHEREAS, the City has previously incorporated by reference the FPPC‘s standard conflict of interest code in the City’s Conflict of Interest Code; and WHEREAS, incorporation by reference of the terms of the aforementioned regulation and amendments thereto in the Conflict of Interest Code of the City will save the City Council time and money by minimizing the actions required of that body to keep its Code in conformity withthe PoliticalReform Act; and
WHEREAS, the Political Reform Act requires review of the Conflict of Interest Code every two years to determine whether it is accurate or should be amended; and WHEREAS, the Associate Engineer, Chief Wastewater Plant Operator, Fire Captain, and Parks & Recreation Director position titles are not presently listed in the Code, therefore an amendment reflecting the addition of the Designated Positions (Appendix A) shall be submitted to the code reviewing body; and
WHEREAS, the Administrative Analyst, Administrative Analyst/Deputy City Clerk, Planning & Building Manager, and Recreation Services Manager position titles presently listed in the Code are not currently budgeted positions, therefore an amendment reflecting the deletion of the Designated Positions (Appendix A) shall be submitted to the code reviewing body;and
WHEREAS, the City desires to update its current Conflict of Interest Code to revise the list of designated positions and disclosure categories,

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. Resolution No. 20187019 adopted March 6, 2018, is hereby rescinded Item #6.9.

Resolution No. 2020-027

Section 2. The terms of 2 California Code of Regulations, Section 18730 and any and all amendments to it adopted by the Fair Political Practices Commission, as well as the attached Appendices A & B in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference. This Resolution, together with Appendices A & B, shall constitute the Conflict of interest Code ofthe City of Calistoga.

Section 3. Designated employees and committee members shall ?le Statements of Economic interests (Form 700) with the City Clerk, to whom the City Council hereby designates the authority to carry out the duties of the Filing Officer.

Section 4. The effective date of this Code shall be the date this Code is originally approved and adopted by the City Council.

Section 5. Statements of Economic Interest shall be made on forms prescribed by the Fair PoliticalPractices Commission and supplied by the City of Calistoga.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Calistoga at a regular meeting held on the 21st day of April 2020.
l, Kendall Rose Granucci, City Clerk of the City of Calistoga, hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Calistoga at a regular meeting held on the 21st day of April 2020, by the following vote:

AYES: Councilmembers Kraus, Lopez-Ortega, and Williams, Vice Mayor Dunsford and Mayor Canning
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:

Kendall Rose i, City Clerk Chris Can ' g, Mayor
Item #6.9.

Resolution No. 2020—027

APPENDIXA

DESIGNATED POSITIONS
Active Transportation Advisory Committee
Administrative Sen/ices Technician
Associate Planner
Associate Engineer
Building-Fire Code Board of Appeals
Building Official
Calistoga Pool Advisory Committee
Chief Wastewater Plant Operator
City Clerk
Consultants/New Positions"
Deputy Public Works Director
Fire Captain
Fire Chief
Maintenance Superintendent
Parks & Recreation Director
Planning & Building Director
Police Chief
Public Works Director/City Engineer
Senior Accounting Assistant
Senior CivilEngineer
Senior Planner
Senior Planner/Assistant to the City Manager
Utility Systems Superintendent

DISCLOSURE CATEGORIES
Item #6.9.

Resolution No. 2020—027

GOVERNMENT SECTION 87200 FILERS
The following positions are not covered by this Conflict of Interest Code because they file under Government Code Section 87200“ and, therefore, are listed for informational purposes only:

1. City Council

2. Planning Commission

3. City Manager

4. City Attorney

5. Administrative Services Director/City Treasurer
Individuals holding one of these positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations ifthey believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination as to whether a position is covered by Government Code Section 87200. * Individuals providing services as a Consultant as defined in Title 2 California Code of Regulations sections 18700.3 and 18734 or in a new position as defined in Regulation 18734 that make or participate in making governmental decisions shall disclose pursuant to the broadest disclosure category in this Code subject to the following limitation:

If the new position or consultant performs limited duties, the agency may tailor the disclosure requirements to the duties performed. The City Manager (or designee) may determine in writing that, due to the range of duties or contractual obligations, it is more appropriate to assign a limiteddisclosure requirement.
a. Not later than ten (10) days after the final approval of a newly created position, the department manager (or designee) shall submit to the Clerk a completed Fair Political Practices Commission Form 804 (Agency Report of New Positions), or subsequent form, which identifies the classification and disclosure categories. The City Manager (or designee) will review the department’s recommendation and make the final determination. The City Manager (or designee) determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.
b. Not later than ten (10) days after an authorized City representative has signed a consultant contract, the department manager (or designee) shall submit to the Clerk a completed Fair Political Practices Commission Form 805 (Agency Report of Consultants), or subsequent form, which identifies the consultant and disclosure categories. The City Manager (or designee) will review the department’s recommendation and make the final determination. The City Manager (or designee) determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.
** Government Code Section 87200 is applicable to “members of planning commissions... mayors, city managers, city attorneys, city treasurers, chief administrative officers and members of city councils of cities and other public officials who manage public investments...” Item #6.9.

Resolution No. 2020-027

APPENDIX B

DISCLOSURE CATEGORIES
The “designated employee" disclosing investments and sources of income need only disclose investments in businesses and sources of income which do business in the City of Calistoga (City), plan to do business in the City or have done business in the City within the past two years. In addition to other activities, a business entity is doing business within the City it it owns real property within the City.

When a “designated employee" is disclosing interests in real property, the employee need only disclose the interest in real property which is located in whole or part within or not more than two miles outside the boundaries of the City or within two miles of any land owned or used by the City.

Designated employees shall disclose their financial interests pursuant to the appropriate disclosure category as indicated in Appendix A.

Category 1: Allinvestments and sources of income.

Category 2: All interests in real property.

Category 3. All investments, interests in real property, and sources of income subject to the regulatory, permit, or licensing authority ofthe department.

Category 4: Investments in business entities and business positions and sources of income which engage in land development, construction, or the acquisition or sale of real property.

Category 5: investments in business entities and business positions and sources of income of the type which, within the past two years, have contracted with the City of Calistoga to provide services, supplies, materials, machinery, or equipment.

Category 6: Investments in business entities and business positions and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery, or equipment.

Item #6.9.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Yudiana Galvan, City Clerk
Meeting: City Council - Jul 09 2024
Subject: Presentations, Proclamations and Awards Draft Policy DESCRIPTION:

Consider approving the Presentations, Proclamations and Awards Policy RECOMMENDATION:

Consider approving the draft Policy presented.

BACKGROUND/SUMMARY:

The purpose of this policy is to establish administrativeguidelines and procedures for the issuance of presentation time, proclamations and awards during Regular City Council Meetings in the interest of consistency.

A draft of the policy was discussed by Council at a regular City Council Meeting on May 21, 2024.

With Council direction, the policy allows for one proclamation, one presentation and one award per meeting on a first come, first served basis with the option to place a second proclamation on the consent calendar.

FINANCIAL IMPACT:

No Impact
CEQA STATUS:

No Impact
ATTACHMENT(S):

DRAFT Proclamations and Presentations Policy 6.20.24
APPROVAL(S):

Connie Cardenas, Admin. Services Director Approved - Jun 27 2024 Laura Snideman, City Manager Approved - Jul 03 2024
Yudiana Galvan, City Clerk Approved - Jul 03 2024
Item #6.10.

DRAFT
CITY COUNCIL POLICY: PROCLAMATION, PRESENTATIONS AND
AWARDS
PURPOSE:

The purpose of this policy is to establish guidelines and procedures for the issuance of presentation time and proclamations during Regular City Council Meetings. To preserve as much time as possible for conducting business of municipal concern, there shall only be one presentation, one proclamation and one award presented per meeting.

Proclamations and Presentations will be scheduled on a first come first served basis. The City Clerk has discretion regarding the scheduling of presentations and proclamations. Any exception to this policy shall only be made with the approval of the Mayor in conjunction with the City Manager.

PROCLAMATIONS
ELIGIBILITY:

Requests for proclamations shall establish that an identified organization, individual, or event warrants acknowledgment by the City to honor or highlight the following:
• Extraordinary achievement or outstanding community service to the City • Fundraising events or milestone anniversaries of local non-profit organizations • Art, civic or cultural celebrations directly related to the City • Public awareness campaigns that directly affect the community Regardless of whether a proclamation qualifies under the above guidelines, the City will not issue proclamations related to matters of ideological or religious beliefs, individual conviction, or political and legislative issues that may suggest an official City position or endorsement. However, this prohibition shall not be interpreted as preventing· the City from recognizing cultural events or holidays celebrated by religious groups in the City or circumstances regarding human success, hardship or grief impacting a community within the City. Proclamations will not recognize any group whose policies or objectives advocate violence, hatred or any other position contrary to the wellbeing of the citizens of Calistoga.

PROCEDURES:

All requests for a proclamation shall be made to the City Clerk at least six weeks before the proposed meeting date via email or hand delivery and shall include a digital, editable, one-page sample of the proclamation that can be used as a template by the City Clerk’s Office to prepare the document, not to exceed 200 words. The City Clerk will determine if the request is eligible and will confer with the Council if a request is to be denied for any reason. If there are multiple eligible proclamation requests made for the same meeting, the one submitted first will be approved and the second will have the option to reschedule or be agendized on the consent calendar. The request shall include:

Item #6.10.

• Applicant’s first and last name, phone number and email address. • A brief summary of the event or organization and its direct tie to the Calistoga Community and information relevant to the eligibility requirements.
• Specific meeting date or month the event is to be proclaimed.

The City retains the right to modify, edit or otherwise amend the proclamation to meet document space or Policy requirements. The applicant is required to be present during the Regular City Council Meeting and will be presented with a Proclamation Certificate. The applicant will have the option to speak during this time, limited to three minutes. If the applicant is not present, the proclamation will not be discussed by Council and the certificate will be mailed. Proclamations placed on the consent calendar will include a mailed proclamation certificate and will not include Council presentation or applicant speaking time during the meeting.

The City reserves the right to deny a proclamation request or cancel the proclamation presentation at any time at the discretion of the City Manager in conjunction with the Mayor. No proclamation shall be used as part of an advertisement or commercial promotion without the express permission of the City Manager in conjunction with the Mayor.

PRESENTATIONS & AWARDS:

DEPARTMENTAL PRESENTATIONS & AWARDS:

Departmental presentations and/or awards will be placed on the agenda by request of the City Manager or the Council, the City Clerk will have scheduling discretion. Departmental presentations shall be limited to five minutes per topic and ten minutes for Council questions. With the prior approval of the City Manager, staff may use up to an additional five minutes for their presentation. Staff shall utilize this time to make any other annual departmental announcements such as employee service awards or similar items. No single presentation, including questions, will extend beyond a total of twenty minutes. The City Clerk will be responsible for time management. If there is to be presentation aids, such as PowerPoint or handouts they shall be turned in to the City Clerk via email 14 days before the meeting for approval and inclusion into the agenda.

PRESENTATIONS BY COMMUNITY MEMBERS
ELIGIBILITY:

Any requests for presentations shall establish that:
• The topic or information being presented is of direct municipal concern to the City of Calistoga or Napa County.
• The presenter has verified that all the information to be presented to the Council is true and accurate.
• The Council and Community will benefit greatly by knowing more about the presenter's topic, project or concern.

Item #6.10.

Regardless of whether a presentation qualifies under the above guidelines, the City will not issue presentation time to requests related to matters of ideological or religious beliefs, individual conviction, or political and legislative issues that may suggest an official City position or endorsement or to any group whose policies or objectives advocate violence, hatred or any other position contrary to the well-being of the citizens of Calistoga. The City reserves the right to deny a presentation request or cancel the presentation at any time at the discretion of the City Manager in conjunction with the Mayor.

PROCEDURES:

Any requests for presentation time by a community member or organization shall be made to the City Clerk at least six weeks before the proposed meeting date via email or hand delivery. If a presentation request is submitted for a meeting date where a departmental presentation has already been scheduled, the request will be denied. The presenter may request another date or use the three-minute public comment time during the Council Meeting.

The request shall include:
• Applicant's first and last name, phone number and email address. • A brief summary of the event or organization and its direct tie to the Calistoga Community. • Specific meeting date requested for the presentation. • If there is to be presentation aids, such as PowerPoint or handouts they shall be turned in to the City Clerk via email 14 days before the meeting for approval and inclusion into the agenda.

Presentations by a community member or an organization shall be limited to five minutes per topic and an additional ten minutes for Council questions. No single presentation by a community member or organization, including Council questions will extend beyond a total of fifteen minutes. The City Clerk will be responsible for the time management of the presentation.

Item #6.10.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Laura Snideman, City Manager
Meeting: City Council - Jul 09 2024
Subject: Amendment to the Salary and Benefits Plan - Executive Management DESCRIPTION:

Amendment to the Salary and Benefits Plan - Executive Management RECOMMENDATION:

Consider Adopting the Resolution
BACKGROUND/SUMMARY:

Police Chief Mitch Celaya has been promoted to Assistant City Manager. In the current salary structure, personnel rules, and Executive Management salary and benefits plan there is currently no way to compensate Mr. Celaya for accepting an expanded role with the increased span of control and responsibilities.

After evaluating a number of different options, staff recommends modifying the Salary and Benefits Plan - Executive Management to provide the City Manager the authority in certain limited circumstances to award Meritorious Pay (new section 2.10) up to a maximum of 5% with time limits for the extra pay.

In addition, the attached documents include the Deputy City Manager as a covered position, a position previously approved by the City Council.

FINANCIAL IMPACT:

Additional pay for Police Chief Celaya has been included in the budget to take on the role of Assistant City Manager.

CEQA STATUS:

Not applicable
ATTACHMENT(S):

Draft Resolution 2024-XX
Salary and Benefits Plan - Executive Management July 9 2024 APPROVAL(S):

Connie Cardenas, Admin. Services Director Approved - Jul 03 2024 Item #6.11.

Yudiana Galvan, City Clerk Approved - Jul 03 2024
Laura Snideman, City Manager Approved - Jul 03 2024
Item #6.11.

RESOLUTION NO. 2024-XX

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

STATE OF CALIFORNIA AMENDING THE CITY'S SALARY AND BENEFITS PLAN FOR

UNREPRESENTED EXECUTIVE MANAGEMENT EMPLOYEES
WHEREAS, the City's unrepresented executive management group is not represented by a recognized labor association and do not negotiate for a collective bargaining agreement; and WHEREAS, in March 2023 the City amended the unrepresented mid-management and unrepresented executive management salary and benefits plans to include the higher January 2024 and January 2025 salary increases as is provided to some other employees; and WHEREAS, in March 2023 the City also approved a technical amendment to the January 2023 salary of the City's Senior Civil Engineer classification; and WHEREAS, in April of 2024 the City amended the Salary and Benefits Plan – Mid-Management to (1) add Human Resources Manager to Section 1, Covered Positions; and (2) remove Section 3.2 Flexible Benefits Plan (Internal Revenue Code Section 125 Plan) in its entirety due to the lack of employee participation; and (3) update Section 2.2 Pay Dates to reflect the current bi-weekly pay schedule; and (4) add Section 4.2 to allow for discretionary auto allowances up to $150/month with certain restrictions; and
WHEREAS, the City amended the Salary and Benefits Plan – Executive Management to (1) update Section 2.2 Pay Dates to reflect the current bi-weekly pay schedule; and (2) remove Section

3.2 Flexible Benefits Plan (Internal Revenue Code Section 125 Plan) in its entirety due to the lack of employee participation; and (3) update Section 3.4 Supplemental Retiree Health Insurance Reimbursement to reflect current eligible employees and (4) add Section 4.5 authorizing the City Manager to provide relocation compensation of up to $5,000 to those individuals who have accepted employment with the City of Calistoga in a Covered Position and are moving to Napa County or within a 25-mile drive of the City of Calistoga; and WHEREAS, staff recommends further changes to add the Deputy City Manager as a covered position and create a specail pay category -- Meritorius Pay, NOW, THEREFORE LET IT BE RESOLVED, the City Council of the City of Calistoga herby amends the Salary and Benefits Plan – Executive Management to (1) update the document to reflect the Deputy City Manager classification as a covered position; and (2) add section 2.10 related to Meritorious Pay as shown in the attached document.

PASSED, APPROVED, AND ADOPTED this 9th day of JULY, 2024. I, YUDIANA GALVAN, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:

Item #6.11.

____________________________ __________________________ Yudiana Galvan, City Clerk Donald Williams, Mayor
Item #6.11.

Amended 07‐09‐2024 (Resolution 2024‐XX)
Salary and Benefits Plan – Executive Management
July 9, 2024
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 #6.11.

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
 Deputy 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 by‐weekly on Friday.

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 #6.11.

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 #6.11.

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.

2.10 Special Salary Adjustment – Meritorious Pay
In certain limited circumstances where Out of Class provisions are not applicable, the City Manager may award Meritorious Pay. In recognition of meritorious service, exceptional qualifications beyond the requirements of the position that are needed on the job, or other extraordinary attributes related to the position, an employee may be placed on a higher step within the authorized salary range or to a step above the established salary range up to a maximum of 5% above the range.  Such increased compensation is subject to the availability of budgeted monies. Such pay will expire at the end of every fiscal year and may only be consecutively renewed for up to one additional fiscal year in each circumstance.  The Salary Schedule will not be adjusted and therefore should the additional compensation exceed the published salary range, the additional compensation is non‐PERSable.

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 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 #6.11.

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.

3.3 Supplemental Retiree Health Insurance Reimbursement A. Eligibility

1. The City offers a Supplemental Retiree Health Insurance Reimbursement for eligible unrepresented employees of:
 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 #6.11.

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.

3.4 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.

3.5 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.

3.6 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.

3.7 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 #6.11.

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.

3.8 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 #6.11.

Salary and Benefits – Executive Management Page 8

3.9 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.

3.10 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.

3.11 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.

3.12 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 #6.11.

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.

4.5 Relocation Expense
The City Manager is authorized to provide relocation compensation of up to $5,000 for those individuals who have accepted employment with the City of Calistoga in a Covered Position and are moving to Napa County or within a 25‐mile drive of the City of Calistoga.

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
Item #6.11.

Salary and Benefits – Executive Management Page 10
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 (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 #6.11.

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 non‐ Executive 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 #6.11.

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 #6.11.

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 at‐ will, 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 #6.11.

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 #6.11.

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
Deputy City Manager $15,189 $18,462 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‐Oakland‐ Hayward Consumer Price Index, all urban consumers (CPI‐U) for the October 2023 twelve‐month increase with such wage increase to be a minimum of three percent (3%) and a maximum of five percent (5%).

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‐Oakland‐ Hayward Consumer Price Index, all urban consumers (CPI‐U) for the October 2024 twelve‐month increase with such wage increase to be a minimum of three percent (3%) and a maximum of five percent (5%).

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 #6.11.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Jul 09 2024
Subject: Presentation by the Active Transportation Advisory Committee (ATAC) DESCRIPTION:

Active Transportation Advisory Committee (ATAC) presentation on the suggested goals for FY 24/25.

RECOMMENDATION:

Concur with or modify ATAC's proposed work plan for FY 24/25.

BACKGROUND/SUMMARY:

ATAC members have prepared a presentation to update the Council on future active transportation initiatives and goals.

FINANCIAL IMPACT:

All of the ATAC funding recommendations for FY 24/25 have been included in the approved FY 24/25 Budget:
 Grant Street (Garnett Creek to Greenwood) Construction - $1,775,000  South Oak St. Bridge Design - $15,000 (City submitted ATP Grant for design and construction funds on June 17, 2024)
 Brannan St. Flashing Beacon Crosswalk Construction - $400,00 CEQA STATUS:

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

ATTACHMENT(S):

1. Active Transportation Advisory Committee_Presentation APPROVAL(S):

Connie Cardenas, Admin. Services Director Approved - Jun 27 2024 Laura Snideman, City Manager Approved - Jul 03 2024
Item #8.1.

Yudiana Galvan, City Clerk Approved - Jul 03 2024
Item #8.1.

Calistoga
Active Transportation
Advisory Committee
Report to City Council, July 9th 2024
Item #8.1.

2024-25 Committee Goals
● Grant Street multi-use pathway development
○ As part of the Grant Street Rehabilitation Project
● Continue working with Caltrans and City staff on traffic calming measures along Foothill Blvd.
● Continue the design of the South Oak Street Bridge
● Brannan St. Flashing Beacon Crosswalk installation
● Update the Active Transportation Plan city wide
Item #8.1.

Funding Recommendations
● Continue to fund
○ Grant Street multi-use pathway
○ South Oak St. Bridge
○ Brannan St. Flashing Beacon Crosswalk
Item #8.1.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Greg Desmond, Planning and Building Director
Meeting: City Council - Jul 09 2024
Subject: Roles, Responsibilties, and Rules in the Caltrans Right of Way on Lincoln Avenue
DESCRIPTION:

Roles, Responsibilities, and Rules in the Caltrans Right of Way on Lincoln Avenue RECOMMENDATION:

Consider affirming staff recommendations related to regulating, permitting, enforcing and changing various codes on Lincoln Avenue or provide alternative direction BACKGROUND/SUMMARY:

Following the pandemic many questions have been raised about various objects (signs, planters, tables, chairs, etc.) and activities (outdoor dining, wine tasting, sidewalk sales, etc.) occurring in downtown on the Lincoln Avenue sidewalks. Many of these questions are a result of public complaints about certain objects and activities in combination with staff's desire to consistently comply with the City's agreements with Caltrans and with the state codes that Caltrans follows. For at least a year staff has been posing various questions to Caltrans and seeking clarification of responsibilities, purview, and expectations for each of our respective agencies. This report speaks to the many nuances of the answers and describes actions proposed by staff which include both immediate-term and mid-term steps, including an option to obtain more local control about uses allowed on the Lincoln Avenue sidewalks.

ANALYSIS:

Current Roles, Responsibilities, and Rules
Right of Way
According to Caltrans, Caltrans right-of-way on Lincoln Avenue extends generally face-of-building to face-of-building. That means that the roadway and all sidewalks are governed by Caltrans and their regulations, relevant state codes, etc., and not by the City.

Staff accepts the above assertion about the right-of-way at face-value. Looking for concrete "proof" would require looking at title reports for every single property and hiring a surveyor to create a definitive map. Staff is not recommending pursuing this route due to the time and cost associated with such work. Should individual property owners wish to conduct this work for their property, the City will adjust any permitting and/or enforcement processes accordingly based on any professionally produced documentation that demonstrates the Caltrans right-of-way is more narrow than at the face of a particular building.

Item #8.2.

Existing Agreements
The city has four existing agreements with Caltrans about the City's role, rights, and responsibilities relative to the Caltrans right-of-way.
1) Routine Encroachment Permit Delegation Agreement
This agreement was signed in January 1993 (Resolution 93-5) and delegated issuing certain types of encroachment permits in the State right-of-way to the City. According to the terms of this agreement, the City may issue the following routine encroachment permits on behalf of Caltrans for the entire right-of-way including both streets and sidewalks:
 Signs, marquees and awnings (this include fixed and temporary signage, i.e. anything in the City's local sign code including A-frame signs which are illegal in Calistoga)  Banners and decorations (holiday decorations are an example)  Curbs, gutters and sidewalks (for repairs only and excluding all handicap ramps)  Roof drains and through the sidewalk curb drains
 Pedestrian protection (barricades or canopies) (these are for temporary use related to construction)
 Traffic counts
 Single family driveways (multiple family and commercial driveway excluded) 2) Maintenance Agreement
This agreement was signed in January 1993 (Resolution 93-4) and assigned certain maintenance activities along Foothill Blvd. within the City limits and Lincoln Avenue from Foothill Blvd. to Silverado Trail to the City. These maintenance activities include:
 Cleaning, maintaining and repairing (not reconstrucing or improving) curb, gutter, sidewalk and storm drain facilities.
 Debris removal.
 Maintenance and electricity bills for all electrical facilities except for the signal heads at intersections.

The cost of maintenance for the above will be shared 50-50 by the City and Caltrans. The City will be reimbursed up to $3,800 annually for the above maintenance.

Per the maintenace agreement, trimming and removal of trees, pest control, and repair and control of vegetation to be made by abutting property owners. This follows the city policy and the State Streets and Highways Code as is followed throughout the entire city. 3) Sharing cost of Electrical Facilities Agreement
This agreement was executed in January 1993 and revised in August 2021 and includes the cost of maintenance and electricity bills for the traffic signals at Lincoln Ave.-Washington St. and Petrified Forest Rd.-Foothill Blvd. intersections. According to this agreement City will pay the electricity bills for the signals at both intersections and the maintenance cost of the signals at Petrified Forest Rd.- Foothill Blvd. intersection. Caltrans will be responsible for maintenance cost of signals at Lincoln Ave.-Washington St. intersection.
4) Vine Trail Maintenance
The City also has a project specific maintenance agreement with Caltrans related to maintenance of the Vine Trail along Lincoln Avenue, from Silverado Trail to Brannan Street. The Vine Trail Maintenance Agreement was executed in June 2019 and included a section of Vine Trail along Item #8.2.

Motor Lodge frontage. The agreement was amended in September 2023 for the Lincoln Apartments project and extended the maintenance section to Brannan Street.

Alcohol in the Right of Way
Both the City and the California Department of Alcoholic Beverage Control (ABC) have authority related to alcohol services and/or consumption outside of buildings. The ABC has certain types of permits, licenses, and requirements that allow and/or restrict the sales and consumption of alcohol outside of a business, under an authorized issued ABC license.

However, Chapter 9.08 of the City's municipal code prohibits consumption of alcoholic beverages in public. We interpret this to include the Lincoln Avenue sidewalks even if they are not technically owned by the City and outside an approved ABC license privileges.

Use Permits
The City does provide provisions for sidewalk dining and consumption of alcohol within the public right of way per Chapter 17.33 of the municipal code. This process requires administrative approval from the Planning Department and subsequent approval by ABC. Given Caltrans ownership of the Lincoln Avenue sidewalk right-of-way, the only sidewalk dining permits issued have been for restaurants located on Cedar and Washington Streets. Some types of businesses on Lincoln Avenue, primarily tasting rooms, require use permits which limit such uses to the interior of a tenant space, unless there is privately owned space outside of the sidewalks and the business has obtained any necessary City and ABC permits. The City's jurisdiction does not cross the businesses threshold onto the Lincoln Avenue sidewalk. The City has full authority to enforce that permitted uses are contained to inside the building and will continue to exercise that authority on a complaintdriven basis.

Signage
The City has been expressly authorized to permit signage in the Caltrans right-of-way (see "existing agreements"). Note that in the City's municipal code A-frame signs are prohibited pursuant to Chapter 17.58, Section 17.58.020(B)(C). Staff is not recommending changing this prohibition and will enforce on a complaint basis.

Immediate Next Steps
Following the July 9 City Council meeting, staff plans to continue to conduct code enforcement activities on a complaint-driven basis where expressly allowed by Caltrans subject to any different direction from the City Council. This includes enforcing use permits (preventing alcohol service on the sidewalks, sometimes in conjunction with the ABC) and signage such as A-frames. Any current outstanding code enforcement cases will be reviewed to determine if the enforcement is in Caltrans' jurisdiction or the City's jurisdiction. The City will continue to process complaints within the City's jurisdiction and terminate enforcement on any matters that are in Caltrans' jurisdiction. The City will continue to accept and investigate code enforcement matters based on a complaint basis. All other complaints, including complaints about tables, chairs, planters, or the path of travel (i.e. ADA concerns about furnishings blocking the path of travel), should be submitted directly to Caltrans' customer service website at https://csr.dot.ca.gov/
In addition, also following the July 9 city council meeting, staff will create an index of where and how to submit specific code enforcement complaints and post the information on our website.

Item #8.2.

Mid-term Next Steps
If the City Council desires to expand the City's jurisdiction related to objects and uses on the Lincoln Avenue sidewalks, lobbying at the state level is necessary. There is currently no way for Caltrans to provide additional jurisdiction to the City. Staff recommends coordinating meetings between City Council representatives and our elected state officials to occur in September. The City would be seeking an additional agreement with Caltrans which would allow an 'airspace lease' of specific sections of the Lincoln Avenue sidewalks. This would allow the City to establish a program in which business owners could, through a yet to be determined process, sublet sidewalks in front of their businesses from the City for use as needed.

Should that effort be successful, staff will return to the City Council seeking direction on how you would see a public/private partnership working related to use of the sidewalks (cleanliness, etc.) and recommending how we might modify existing City codes to allow certain uses (such as alcohol service) and certain furnishings (such as tables or chairs) after the business obtains the appropriate ABC permit or license (if alcohol is involved) and after obtaining approval from the City.

FINANCIAL IMPACT:

Significant staff time from multiple departments and some attorney time will be necessary for all next steps in the process.

CEQA STATUS:

No CEQA review is required as part of this intial direction to staff on next steps.

ATTACHMENT(S):

Caltrans Agreement for Encroachment Permits
Caltrans Agreement for Maintenance
Caltrans Signal Maintenance Agreement - Fully Signed
PSMA_04_NAP_29_PM37_52_37_85_Calistoga_Lincoln_Bike_Trail_Amend1_6-27-2019 APPROVAL(S):

Hamid Heidary, Senior Civil Engineer Approved - Jun 28 2024 Greg Desmond, Planning and Building Director Approved - Jun 28 2024 Jed Matcham, Fire Chief Approved - Jun 28 2024
Mitch Celaya, Chief Approved - Jun 28 2024
Rachel Melick, Parks & Recreation Director Approved - Jun 28 2024 Laura Snideman, City Manager Approved - Jul 01 2024
Item #8.2.

MAR - .1995
"THIS AGREEMENT, made and executed in duplicate this _€Z%%{ day of TM??? 19 re , by and between min—re a e
of Cali ornia ac ing y an rough the Department of
Transportation, hereinafter referred to as State and the City of Calistoga hereinafter referred to as City.

WITNESSETH:

A. RECITALS
The Parties hereto desire to provide for the City to perform particular encroachment permit functions on State Hig way Routes 04-Nap-24 and O4-Nap-128 within the jurisdictional limits of City, to wit, the issuance of routine encroachment permits and the control and inspection of work performed pursuant to said permits, asdprovidedfor in Sections 130 and 676 of the Streets and Highways Co e.

B. AGREEMENT
This Agreement shall supersede any previous AGREEMENT WITH

CITY OF CALISTOGA TO ISSUE ROUTINE ENCROACHMENT PERMITS ON STATE HIGHWAYS and/or AMENDMENTS thereto.

C. In consideration of the mutual covenants and promises herein contained it is mutually agreed that City;

1. Shall use State's Standard Encroachment Permit forms.

2. Shall follow State's policies as contained in State's Encroachment Permit Manual. A copy of said Manual
will be furnished upon execution of this Agreement.

3. Shall follow State's design standards unless City
' standards are more restrictive. In the event of conflict as to interpretation, State's standards shall apply.

4. May issue Encroachment Permits for the following
routine encroachments Without State's prior
approval:
a. Signs, marquees and awnings
b.”Banners and decorations
c. Curbs, gutters and sidewalks (excluding handicap ramps) d. Roof drains and through the sidewalk curb drains
e. Pedestrian protection (barricades or canopies)
f. Traffic counts _ . g. Single family driveways (multiple family and commercial driveway excluded) '

5. Shall collect sufficient fees from the permittee to cover its cost of permit administration, inspection and other permit related costs. No costs for City's administration, giviewor inspection shall be charged to or borne by the ate.

Item #8.2.

6. Shall assign qualified personnel to review permit applications, plans and specifications, to revise plans and produce permit with appropriate specifications” and Edi“ provide construction inspection or monitoring and Bonduct final inspection of all work performed within the highway right of way. a

7. Shall keep on file, subject to State's inspection,
all permits issued on State highways; and shall
forward copies of all issued permits, along with
Notices of Completion, As-Built plans (if any) and
all other related data to State's District Permit
Engineer.immediately upon completion of the work
permitted or upon the expiration of the permit.

D. LEGAL RELATIONS AND RESPONSIBILITIES
Nothing in the provisions of this agreement is intended to create duties or obligations to or rights in third parties not parties to this contract or affect the legal liability of either party to the contract by imposing any standard of care respecting the maintenance of State highways different from the standard of care imposed by law.

It is understood and agreed that neither the STATE nor any officer or employee is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the City under or in connection with any work, authority or jurisdiction delegated to the City under this agreement. It is understood and that pursuant to Government Code Section 895.4 City shall defend, indemnify and save harmless the State of California, all officer and employees from all claims, suits or actions of every name, kind and description brought for or in account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by the City under or in connection with any work, authority or jurisdiction delegated to the City under this agreement.

The City waives any and all rights to any type of express and implied indemnity against the STATE, its officers and employees arising from any work, authority or jurisdiction delegated to the City under this agreement.

E. TERMS OF AGREEMENT
THIS AGREEMENT shall become effective on the date that it is executed by all parties and shall remain in full force and effect. until amended or terminated. -
This Agreement may be amended or terminated at any time upon mutual consent of the parties hereto. This Agreement may also be terminated by either party upon thirty (30) days written notice to the other party.

Item #8.2.

IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written.

STATE OF CALIFORNIA CITYOFCALISTOOA

DEPARTMENT OF TRANSPORTATION
BY / LAVERNEOYARZO, Mayor
GLENN E. BEHM
Deputy District Director, Maintenance
Approved as to form and procedure
[APPROVED AS TO.» QRM
Attorney . Department of Transportation///
4%.

Item #8.2.