4.2.2 Remove and Replace (R&R) Trip Hazards are those with a vertical displacement greater than or equal to 1.75 inches, requiringthat the entireconcrete sidewalk section be removed and replaced.
4.2.3 Hole Trip Hazards are those with deeper than 1/2 of an inch and settlement or displacement resulting in slopes greater that 20%; and/or with standing water deeper than 3/4 of an inch, or horizontaljoints with a gap greater than 3/4 of an inch may also be considereda R&R trip hazard.
4.3. Owner. The term “Owner” includeswithoutlimitation,the fee owner(s) of real property, or their agent(s).
5. Order of Work. The Public Works Director or designee shall determinethe schedule, staging, and/0r prioritization for performing sidewalk trip hazard inspection and repair work covered by this program based upon, but not limited to, these factors: severity of safety hazards; volume of pedestrian traf?c; proximityto downtown businesses, proximity to schools; and availability of City resources.
6. Duty of Property Owner to Regir Sidewalk Trip Hazards. In accordance with California Streets and Highway Code 5610 et seq. and the City of Calistoga Municipal Code Chapter
12.10.020, owners of lots or portions of lots fronting on any portion of a public street shall maintain any sidewalk in such conditionthat the sidewalk will not endanger persons or property and will not interfere with the public’s use of those areas.
7. Sidewalk Trip Hazard Inspection Procedures.
7.1. Inspection. Inspecting the City’s sidewalks is necessary to observe and report defective conditions to minimize potential trip hazards to residents and visitorsof the City.
Historically, the City has not inspected sidewalks for trip hazards. The City will contract with a quali?ed contractor to performtrip hazard inspection.
7.2. Phasing of Inspection. All sidewalks will be inspected on a prioritized and phased approach. Additionally, other inspections will be made as needed to respond to servicerequest and/or other reports of sidewalk failures.
7.3 Repair of MinorTrip Hazards during Inspection. Under this trip hazard inspection and repair program, minor trip hazards that are identi?ed by the inspection contractor shall be repaired by the City, using a saw cut method. No further action is required of the fronting property owner for such minortrip hazard repairs.
7.4. Reporting/Documentation. Inspection personnel shall visually observeR&R trip hazards, take ?eld measurements, and record pertinent data that includesbut is not limitedto:
Date of Inspection, Severity of Trip Hazard, Location, Probable Cause, and Recommended Repair, and Assumed Responsible Party. Pictures shall be taken of all trip hazards classi?ed as R&R Trip Hazards.
8. Remove and Replace {R&R} Trip Hazard Repair.
Callstoga Trip Hazard Repair Program Page 2 of 3
Item #8.4.
8.1. A correction notice is provided to the property owner for those items for which he/she is responsible in accordance with this policy. The property owner may perform required R&R trip hazard repairs or hire the services of a licensed contractor. In either case, the property owner is required to obtain an encroachment permit from the City for any R&R repairs in the public right-of—way. The City shall put the property owner on notice to implement the R&R repair within a certain time period.
8.2 The written correctionnotice shall offer the property owner a 50/50 cost share with the City for each R&R trip hazard repair, up to a maximumof$1,000 in City cost share per parcel. The cost share shall be granted on a first-come, first-served basis, until available budgeted sidewalk repair funds are exhausted. Cost share reimbursement shall only be provided for receipted work by a licensed contractor. Owner—performedor self-help repairs will not be eligible for the cost share reimbursement.
8.3 Owners that are eligible for the PG&E CARE (California Alternative Rates for Energy) program, for income-qualified households, may petition the City for full cost reimbursement of their R&R sidewalkrepair. Such costs may be reimbursed under a City funding program for income—quali?edresidents.
8.4. Repairs shall be implemented in accordance with City Standards and/or Best Management Practices. Asphalt or grout patches shall not be allowed. When practical, the probable cause of the trip hazard shall be addressed to prevent reoccurrence of the problem. In some cases, the most appropriate R&R repair will only mitigate the trip hazard and not the probable cause.
9. R&R Trip Hazard Repairs- Report, and Special Assessment Lien.
9.1 If any Owner refuses or neglects to make such repair, reconstructionor improvement when required and directed in conformity with the provisions of this program and applicable codes, the Public Works Director or designee shall cause such repair, reconstruction or improvement to be made, and any and all costs reimbursedto the City. Upon completion of the R&R trip hazardrepair, the Public Works Director shall prepare a report specifying the repairs, reconstruction or improvements which have been made, the cost of the work, a description of the fronting real property on which the R&R repair work has been undertaken, and the amount against each lot or parcel of land proposed to become a special assessment and lien to pay the cost of such work.
9.2 CMC Section 1.12.120 provides for a Special Assessment and Lien process to recover the costs of the abatement by placing a lien on the property and a special assessment on the current property tax roll. The lien will have the same standing as ajudgment lien and, if not paid, may be foreclosed on by the County Tax Collector after three years. Any additional administrativeor legal costs associatedwith the processing of the lien or the foreclosure action may be recovered from the property owner. The Public Works Department shall follow such a Special Assessment and Lien process to recover all costs.
Attachments:
(1) California Vehicle Code 5610 et seq
(2) Calistoga Municipal Code Chapter 12.10
Calistoga Trip Hazard Repair Program Page 3 of3
Item #8.4.
FIRST STEP
APPLICATION TO PETITION
Financial Assistance to Repair/ Replace Sidewalk
Trip Hazards
As Per Resolution No. 2011-104 (see attachment), a policy for financial assistance to help repair/replace sidewalk trip hazards was adopted by the City on October 18, 2011. Sharing the costs (reimbursement of 50% of the approved cost) with the property owner ensures the repair/replacement of damaged sidewalks that are trip hazards.
This application is required to petition the Public Works Director for financial assistance prior to the commencement of any work within the Public Right-of-Way.
1. Property Owner:
2. Location of Work:
3. Mailing Address:
4. Phone No. & Email:
5. Person Petitioning for Reimbursement:
6. Describe Scope of Work:
7. Submit Drawing of Proposed Work.
8. Submit (3) Cost Estimates (Proposals) for Review.
9. Contractor‘s Name:
1. Contractor must be CLASS “A"LICENSED to perform work on City of Calistoga Streets.
2. Must obtain an Encroachment Permit prior to commencement of work.
I HAVE READ THE POLICY FOR FINANCIAL ASSISTANCE TO REPAIRI REPLACE MY SIDEWALK:
Signature Date
Attachments:
Resolution No. 2011-104
Policy for Financial Assistance to Repair/ Replace Sidewalk Trip Hazards (see Section 8) Reimbursement Request Form — Step 2
Date:
Approved: Brandon Gray, Maintenance Supt, or Derek Rayner, Director of Public Works Item #8.4.
SECOND STEP
REIMBURSEMENTREQUEST FORM
Financial Assistance to Repair/ Replace Sidewalk
Trip Hazards
As Per Resolution No. 2011-104, a policy for financial assistance to help repair/replace sidewalk trip hazards was adopted by the City on October 18, 2011. Sharing the costs (reimbursement of 50% of the approved cost) with the property owner ensures the repair/replacement of damaged sidewalks that are trip hazards,
1. Property Owner:
2. Location of Work:
3. Mailing Address:
4. Phone No. & Email:
5. Person Petitioning for Reimbursement:
6. Submit copy of Encroachment Permit, Signed/Approved by Public Works Dept.
7. Submit copy of Contractor‘s billing statement.
8. Submit any other applicable receipts.
The City will not be responsible for payment of billing statements to the contractor.
The policy only covers the reimbursement of money to the applicant.
Date:
Signature
Date:
Received by City Staff Member
Amount to Be Reimbursed: $ EP #
Date:
Final Approval: Brandon Gray, Maintenance Supt. or Derek Rayner, Director of Public Works Item #8.4.
Chapter 12.10
SIDEWALK MAINTENANCE
Sections:
12.10.010 Trees — Property owner responsibility and duty to public.
12.10.020 Maintenance and repair of sidewalks.
12.10.030 Liability for injuries to public.
12.10.010 Trees — Property owner responsibility and duty to public.
A. The owner of a lot fronting on or adjacent to any portion of a street shall maintain any trees, shrubs, hedges or other landscaping along said street or within the street right-of—wayadjacent to the owner‘s property in a nondangerous condition. The trees, shrubs, hedges or other landscaping shall not interfere with the public convenience or safety in the use of the streets and sidewalks. The owner shall maintain street trees so that there is a minimum eight—footvertical pedestrian clearance from the top of the sidewalk and a minimum 13—footvertical clearance from the top of the curb, to any part of a street tree.
B. For purposes of this chapter, maintenance of trees, shrubs, hedges and other landscaping includes but is not limited to: deep root watering, root pruning, installing root barriers, clearance and structural trimming, fertilizing, pest control, and removal of branches, leaves and other debris.
C. Property owners required by this section to maintain trees, shrubs, hedges and other landscaping shall owe a duty to members of the public using public streets and sidewalks to maintain such trees, shrubs, hedges or other landscaping in a safe and nondangerous condition for users of the public streets and sidewalks.
D. If any property owner fails to maintain any adjacent trees, shrubs, hedges or other landscaping in a nondangerous condition as required by this section, and any person suffers damage or injury to person or property, the property owner shall be liable for all damages or injuries caused by the failure of the owner to maintain these areas. (0rd. 457 § 1, 1990).
12.10.020 Maintenance and repair of sidewalks.
A. Anything in this chapter to the contrary notwithstanding, the maintenance and repair of sidewalk areas and the making, confirming and collecting of assessments for the cost and expenses of said maintenance and repair may be done and the proceedings therefor may be had and taken in accordance with Chapter 22 of Part 3 of Division 7, of the Streets and Highways Code of the State Item #8.4.
(Sections 5600 et seq.) as the same is now in effect or may hereafter be amended. In the event of any conflict between the provisions of said Chapter 22 of Division 7, Part 3, of the Streets and Highways Code of the State and this chapter, the provisions of this chapter shall control.
B. The owners of lots or portions of lots adjacent to or fronting on any portion of a sidewalk area between the property line of the lots and the street line, including parking strips, sidewalks, curbs and gutters, and persons in possession of such lots by virtue of any permit or right shall repair and maintain such sidewalk areas and pay the costs and expenses therefor. This shall include a charge for the City’s costs of inspection and administration whenever the City awards a contract for such maintenance and repair, and the costs of collection of assessments for the costs of maintenance and repair under subsection (A) of this section or handling of any lien placed on the property due to failure of the property owner to promptly pay such assessments.
C. For the purposes of this chapter, maintenance and repair of sidewalk area shall include, but not be limited to, maintenance and repair of surfaces including grinding, removal and replacement of sidewalks, repair and maintenance of curb and gutters, removal and filling or replacement of parking strips, removal of weeds and/or debris, tree root pruning and installing root barriers, trimming of shrubs and/or ground cover and trimming shrubs within the area between the property line of the adjacent property and the street pavement line, including parking strips and curbs, so that the sidewalk area will remain in a condition that is not dangerous to property or to persons using the sidewalk in a reasonable manner and willbe in a condition which will not interfere with the public convenience in the use of said sidewalk area. Maintenance and repair shall not include maintenance and repair which is necessitated by a defective condition of a public utilityimprovement such as, but not limited to, utility boxes for water, sewer, telephone, cable television, gas and electric services.
D. Notwithstanding the provisions of Section 5615 of the State Streets and Highways Code, the Director of Public Works may in the Director‘s discretion, and for sufficient cause, extend the period within which required maintenance and repair of sidewalk areas must commence by a period of not to exceed 74 days from the time the notice referred to in Section 5614 is given. (0rd. 457 § 1, 1990).
12.10.030 Liability for injuries to public.
The property owner required by CMC 12.10.020 to maintain and repair the sidewalk area shall owe a duty to members of the public to keep and maintain the sidewalk area in a safe and nondangerous condition. If, as a result of the failure of any property owner to maintain the sidewalk area in a nondangerous condition as required by CMC 12.10.020, a person suffers injury or damage to person or property, the property owner shall be liable to such person for the resulting damages or injury. (0rd. 457 § 1, 1990).
Item #8.4.
The Calistoga Municipal Code is current through Ordinance 774, and legislation passed through October 22, 2024.
Disclaimer: The city clerk’s office has the official version of the Calistoga Municipal Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above.
City Website: msz/wwwci.calistoga.ca.us/
City Telephone: (707) 942-2800
Codification services provided by General Code
Item #8.4.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Mitch Celaya, Assistant City Manager
Meeting: City Council - Dec 03 2024
Subject: Discussion on Local Control of Lincoln Avenue/Hwy 29 Sidewalks AGENDA TITLE:
Discussion on Local Control of Lincoln Avenue/Hwy 29 Sidewalks RECOMMENDATION:
Consider Discussing the Item and Providing Staff Direction SUMMARY:
Lincoln Avenue is a state highway, Highway 29. As a result, Caltrans has sole ownership and responsibility for the right-of-way all along Lincoln Avenue. This right-of-way extends from building face to building face which includes the sidewalks on both sides of the street. Caltrans prohibits all commercial uses on sidewalks within their jurisdiction. This includes the placement of any objects on the sidewalk. The city does not have the authority to regulate or enforce sidewalk use violations such as business activities or the use of tables, chairs, planters, or advertising occurring on the sidewalk. Physical objects on the sidewalk not only violate Caltrans' policy prohibiting commercial activities but can pose pedestrian safety issues pertaining to ADA and health & safety issues such as tripping hazards. These have been the source of complaints to the city by both community members and businesses. As the city is unable to apply its municipal code, the city has been perceived as unresponsive to complaints. This effect is compounded as Caltrans does not seem to have the bandwidth to enforce violations or address complaints, leaving complainants frustrated as well as not addressing a potential safety issue. In addition, at times businesses will take advantage of the situation and conduct unregulated activities which the city is unable to address and Caltrans unable to manage.
Following the removal of the parklets and discussions about code enforcement along Lincoln Avenue, the City Council directed staff to look into how the City could obtain more local control over the sidewalks. By managing the use of the sidewalks, the city could better support businesses by implementing and ensuring consistent safe use of the sidewalks, create a vibrant and economic sustainable downtown, address complaints, and be consistent in applying the city's municipal code to include Lincoln Avenue.
This report summarizes the work done and information collected to date following the City Council's direction.
ANALYSIS:
In trying to determine what options are available for additional local control, Staff met with representatives from Senator Dodd's office and Assemblywoman Curry's office and had multiple Item #8.4.
discussions with Caltrans, including with District Branch Chief Jim Bozionelos of the Division of Right Away. Staff then explored several options to achieve some level of local control including the ability to approve, regulate, and enforce activities on the Lincoln Avenue/Hwy 29 sidewalks.
Legislative Option
Originally staff understood it would take legislative action to make any changes. It was believed that to extend an "air lease" option to sidewalks that Caltrans currently uses for parks and roadways would require a legislative change. This would be a lengthy process that would take more than a year to accomplish with the help of both of Calistoga's State-elected officials, city staff, city council, and Caltrans to lead and carry this through the state legislative process.
After consultation with District Branch Chief Bozionelos, he believes there is no need for a legislative change as the proposal is not in conflict with any state law or policy. Since there is no expressed prohibition to prevent Caltrans from contracting with the city to manage the sidewalks, and since the city currently has agreements with Caltrans that allow the city to issue encroachment permits to perform general maintenance, Branch Chief Bozionelos believes that a non-legislative approach involving support from our state legislators advocating for Caltrans to enter into an agreement with the city to manage the sidewalks and relieve Caltrans of the management burden is a viable solution. See "Lease Option."
Ownership Option
Questions have been asked about the city taking ownership in fee title and therefore full responsibility of the sidewalks. This has been done in St. Helena.
The ownership option provides the city control of all aspects of the sidewalks. This includes regulating and enforcing uses as well as the financial liability of maintaining and repairing the sidewalks and the liability for potential trip and fall hazards.
The condition of Lincoln Avenue sidewalks varies widely from some areas needing immediate repair or replacement to being in good condition (see attached photos). An assessment of the total sidewalk condition was not conducted as it would require a substantial investment to engage an engineer and could not be accomplished in a timely manner. To give an anecdotal example of potential costs to repair and replace portions of a sidewalk, the City of St. Helena is paying approximately $2.5 million dollars for the design and construction cost to repair 650 linear feet of sidewalk on Main Street between Pine Street and Adams Street (one block). This project consists of resetting pavers, new trees, new curb/gutters, and similar work. This cost equates to approximately $4,000 per linear foot of the sidewalk. The reason for St. Helena's project was to repair and reset pavers contributing to an uneven sidewalk and creating a pedestrian hazard. Applying this dollar amount to the approximately 3,315 linear feet of sidewalk between Foothill and Brannon Street would equate to $13,260,000 ($13.2M) to do similar work in Calistoga.
Taking on the current conditions of the Lincoln Avenue sidewalk is likely to require some immediate repairs or replacement of portions of the sidewalk to address potential trip and fall issues (see attached photos). Routine maintenance would also be added to Public Works duties. The repairs and replacement of the Lincoln Avenue sidewalk would most likely be complicated by infrastructure located under the sidewalk such as PG&E utility lines, sewer laterals, and other utilities that feed the individual businesses.
For any and all sidewalk work, all general law cities rely on the Street Highway Code (SHC) that requires the adjacent property owner to take on maintenance, repair, and liability costs. (See attached California Legislative text on Streets and Highway Code Division 7 Part 3 Chapter 3 Item #8.4.
Maintenance of Sidewalks Article 2 Repairs Sections 5600 - 5618). Staff would expect significant opposition to this responsibility from local businesses and property owners. If the city council (current or future) is unwilling to impose the financial requirements on the property owners, there is currently no other dedicated funding source and, like St. Helena did, the city would have to take on this financial burden and take funding from the General Fund.
Status Quo Option
A third option would be to continue the status quo. The city would continue to maintain its existing control of signage attached to buildings and some types of encroachment permits, generally for underground utility repairs and building maintenance that require such permits, such as scaffolding.
Peer pressure, staff requests, and voluntary help from the Chamber of Commerce could be utilized to achieve the "look and feel" of the downtown that the community wishes to see. Caltrans would continue to have the legal authority to address many complaints.
Lease Option
Staff met with representatives from Senator Dodd's office, Assemblywoman Curry's office, and Caltrans to explore the possibility of a lease agreement with Caltrans that would offer the city the ability to regulate and enforce uses and furnishings on the sidewalks within Caltrans' right of way.
Should the city be able to lease the sidewalk, or portions of the sidewalk, the city would look to create and implement a program where businesses can, through a Conditional Use Permit (CUP) process, establish certain uses on the Lincoln Avenue sidewalks. The city's ability to establish and implement a CUP process would ensure the appropriate paths of travel are retained, address complaints and safety issues, apply the municipal code to the Lincoln Avenue sidewalks, and support Lincoln Avenue businesses through consistent regulations and enforcement.
Currently, Caltrans has an "air lease" program for parks and roadway right-of-way. We are told it has not been used for sidewalks in any jurisdiction. It is this program that we would ask Caltrans to use for negotiating a lease for the Lincoln Avenue sidewalks. It is unknown how the lease rate would be established or if the city could subsequently recover costs from businesses wishing to use the space. Therefore, there is still much to consider regarding the specifics and there may be a need to return again to the city council for additional direction in the future. However, if successful, Calistoga would be a leader in establishing such a process.
To achieve this, staff would still need to engage with our state elected officials to urge Caltrans to make time to negotiate an agreement to allow the city to manage the Lincoln Avenue sidewalks. It will take staff time from multiple departments and city attorney time for which we will not be reimbursed.
Recommended Option
City staff recommends the limited lease agreement that addresses the city council's interest in local control including the ability to regulate and conduct code enforcement activities in the Lincoln Avenue/Hwy 29 sidewalk right-of-way with the least possibly amount of risk and cost exposure to the city.
FINANCIAL IMPACT:
Staff time, potentially considerable staff time, may be necessary depending on the direction received from the City Council. Should the city council direct staff to continue work on a lease option, both staff and city attorney time will be necessary. The project is not expressly budgeted. In addition, should the city have increased control of the sidewalks, significant staff and city attorney time may Item #8.4.
be necessary to work with local businesses on their use of the sidewalks (including creating formal agreements) and conduct code enforcement activities.
CEQA STATUS:
Not Applicable
ATTACHMENT(S):
Lincoln Avenue Sidewalk Pictures 112124
California Street and Highway Code 5600 tol 5618
Lincoln Avenue Sidewalk Report 120324 (002)
APPROVAL(S):
Connie Cardenas, Admin. Services Director Approved - Nov 22 2024 Laura Snideman, City of Calistoga | City Manager Approved - Nov 26 2024 Yudiana Galvan, City of Calistoga | City Clerk Approved - Nov 26 2024 Item #8.4.
LINCOLN
AVENUE
SIDEWALK
Conditions
Item #8.4.
LINCOLN
AVENUE
SIDEWALK
Code Enforcement
Examples
Item #8.4.
Wm
LEGISLATIVE INFORMATION
Home BillInformation California Law Publications Other Resources My Subscriptions My Favorites Code: Select Codev Section: 1or20r1001
EPA
STREETS AND HIGHWAYSCODE - SHC
DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] (Division 7 added by Stats. 1941, Ch. 79. ) PART 3. PERFORMINGTHE WORK [5100 - 5954] (Part 3 added by Stats. 1941, Ch. 79.) CHAPTER 22. Maintenance of Sidewalks [5600 - 5630] (Chapter 22 added by Stats. 1941, Ch. 79. ) ARTICLE 2. Repairs [5610 - 5618] (Article 2 added by Stats. 1941, Ch. 79. ) relation thereto.
(Added by Stats. 1941, Ch. 79.)
The owners of lots or portions of lots fronting on any portion of a public street or place when that street or place is improved or if and when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip, shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property and maintain it in a condition which will not interfere with the public convenience in the use of those works or areas save and except as to those conditions created or maintained in, upon, along, or in connection with such sidewalk by any person other than the owner, under and by virtue of any permit or right granted to him by law or by the city authorities in charge thereof, and such persons shall be under a like duty in §610.
When any portion of the sidewalk is out of repair or pending reconstruction and in condition to endanger persons or property or in condition to interfere with the public convenience in the use of such sidewalk, the superintendent of streets shall notify the owner or person in possession of the property fronting on that portion of such sidewalk so out of repair, to repair the sidewalk. (Added by Stats. 1941, Ch. 79.}
Notice to repair may be given by delivering a written notice personally to the owner or to the person in possession of the property facing upon the sidewalk so out of repair, or by mailing a postal card, postage prepaid, to the person in possession of such property, or to the owner thereof at his last known address as the same appears on the last equalized assessment rolls of such city or to the name and address of the person owning such property as shown in the records of the office of the clerk. (Added by Stats. 1941, Ch. 79.)
The postal card shall contain a notice to repair the sidewalk so out of repair, and the superintendent of streets shall, immediately upon the mailing of the notice, cause a copy thereof printed on a card of not less than 8 inches by 10 inches in size, to be posted in a conspicuous place on the property. In lieu of posting a copy of the mailed notice on the property as provided in this section, the superintendent of streets may, not less than seven days nor more than 10 days after the mailing of the first postal card notice, mail an additional postal card, postage prepaid, marked “Second Notice,” to the person to whom the first postal card notice was addressed. The second notice shall otherwise contain the material required by this article, but shall not extend the time for commencing repairs specified in Section 5614.
(Amended by Stats. 1969, Ch. 211.)
§613.
The notice shall particularly specify what work is required to be done, and how it is to be done, and what materials shall be used in the repair and shall further specify that if the repair is not commenced within two weeks after notice is given and diligently and without interruption prosecuted to completion, the superintendent of streets shall make such repair, and the cost of the same shall be a lien on the property. (Amended by Stats. 1953, Ch. 798.)
§614yl
Item #8.4.
The legislative body may adopt a resolution determining that bonds shall be issued and assessments collected and enforced pursuant to Part 5 of this division. In such event, the notice to repair shall specify that bonds shall be issued to represent the security of the unpaid assessments, payable over a period of not to exceed six years, and shall further recite a maximum rate of interest to be paid on the indebtedness, which shall not exceed 7 percent a year, payable semiannually.
(Amended by Stats. 1968, Ch. 986.)
If the repair is not commenced and prosecuted to completion with due diligence, as required by the notice, the superintendent of streets shall forthwith repair the sidewalk. Upon the written request of the owner of the property facing the sidewalk so out of repair, as ascertained from the last equalized assessment roll of the city, or as shown in the records of the office of the clerk, the superintendent may repair any other portion of the sidewalk fronting on the property that is designated by the owner. The superintendent shall have power to prescribe the form of the written request. The cost of repair work done by request pursuant to this section shall be a part of the cost of repairs for which, pursuant to this chapter, subsequent notices are given, hearings held and assessment and collection procedures are conducted.
(Amended by Stats. 1963, Ch. 648.)
Upon the completion of the repair, the superintendent of streets shall cause notice of the cost of the repair to be given in the manner specified in this article for the giving of notice to repair, which notice shall specify the day, hour and place when the legislative body will hear and pass upon a report by the superintendent of streets of the cost of the repair together with any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of such repair and any other interested persons. If bonds are to be issued, the notice shall also contain the information required by Section 5614.1. (Amended by Stats. 1967, Ch. 615.)
Upon the completion of the repair, the superintendent of streets shall prepare and file with the legislative body a report specifying the repairs which have been made, the cost of the repairs, a description of the real property in front of which the repairs have been made and the assessment against each lot or parcel of land proposed to be levied to pay the cost thereof. Any such report may include repairs to any number of parcels of property, whether contiguous to each other or not.
(Added by Stats. 1941, Ch. 79.)
Upon the day and hour fixed for the hearing the legislative body shall hear and pass upon the report of the superintendent of streets, together with any objections or protests which may be raised by any of the property owners liable to be assessed for the work of making such repair and any other interested persons. Thereupon the legislative body may make such revision, correction or modifications in the report as it may deem just, after which, by motion or resolution, the report as submitted, or as revised, corrected or modified, shall be confirmed. The legislative body may adjourn the hearings from time to time. The decisions of the legislative body on all protests and objections which may be made, shall be final and conclusive. (Added by Stats. 1941, Ch. 79.)
Item #8.4.
1 Lincoln Avenue/Hwy 29
Sidewalks
City Council Meeting
December 3, 2024
Item #8.4.
2 Current Status
• Lincoln Avenue is a State Highway
• Caltrans has sole ownership and
responsibility from building face to building
face
• Caltrans does not allow any commercial
activities or any use on their sidewalks
• City has no authority to apply or enforce our
municipal code on the sidewalks; limited
authority for signage and encroachment
permits
Item #8.4.
3 Options
• Legislative Option • Ownership • Status Quo • Lease Agreement Item #8.4.
4 Legislative Option
• No conflict with state law or policy to prohibit
Caltrans to enter into a lease agreement.
• Legislative option is more than a year process
• Can pursue a non-legislative solution
Item #8.4.
5 Ownership Option
• City would assume responsibility for all aspects of
the sidewalk to include:
• Repair and Maintenance – $$$$$
• ADA compliance – $$$
• Liability for potential trip and fall issues – $?$?$?$ • Ability to regulate, enforce violations, and address
complaints – $
Item #8.4.
6 Status Quo
• Refer complaints to Caltrans
• Rely on persuasion related to the “look and feel”
of downtown
Item #8.4.
7 Lease Agreement Option
• Limited lease agreement to allow:
• Application of the Municipal Code
• Regulate and manage activities on the sidewalk
• Enforce code enforcement violations
• Regulate activities through a Conditional Use
Permit (CUP)
Item #8.4.
8 Recommended Action
Pursue the Lease Agreement option
Item #8.4.
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 #8.4.
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 #8.4.
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 #8.4.
f: F:F;.:\-' )‘lxll-SRS {?x-z 6‘“.'::;,.7“ Osman/WT 3 ! [ya/7r;
MAR2
RESOLUTION NO. 93-5
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA,
COUNTY OF NAPA, STATE OF CALIFORNIA APPROVING AGREEMENT
FOR THE ISSUANCE OF ROUTINE ENCROACHMENT PERMITS ON
STATE HIGHWAYS IN THE CITY OF CALISTOGA
WHEREAS, the State of California, through its Business, Transportation and Housing Agency, the Department of
Transportation has presented an Agreement for the issuance of routine encroachment permits on State Highways in the City of Calistoga effective and to remainin effect until amended or terminated; and
WHEREAS, said Agreement for the issuance of routine
encroachment permits on State Highways in the City of Calistoga has been approved this 19?1 day of Jmumzz ,1993 and to
remain in effect until amended or terminated; and
WHEREAS, the City Council of the City of Calistoga has heard and read said Agreement in full and is familiar with its contents; and
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Calistoga does hereby state that said Agreement for the issuance of routine encroachment permits on State Highways in the City of Calistoga is hereby approved; and
BE IT FURTHER RESOLVED that the Mayor and the City Clerk respectively are further directed to sign Agreement on behalf of the said City.
PASSED, APPROVED, and ADOPTED by the City Council of the City of Calistoga at a regular meeting held this 12th day of January 1993 by the following vote:
AYES:Counci1member Trout, Mayor Oyarzo, Co cilmembers Fundy, Ranieri‘ and NOES : None Marberry.
ABSTAIN/ABSENTzNone
Laverne Oyarzo, Mayo
ATTEST: M—
Patt Osborne, City Clerk
Item #8.4.
“ix \
, k .
‘
: .A/
' STATEOF CALIFORNIA—BUSINESS, TRANSPORTATIONAND HOUSING AGENCY . PETEWILSON, Gowmor
x ’DEPARTMENTOF- TRANSPORTATION
BOX 23660
OAKLAND, CA. ’94623-0660
(510) 286-4444
TDD (510) 236-4454
December 18, 1992
404.20
Mr. Waldo Kolb
Department of Public Works
City of Calistoga
1232 Washington Street
hCalistoga, CA 94515
Subject: Agreement to Issue Encroachment Permits
Dear Mr. Kolb:
As discussed at our December 16, 1992, subject meeeting, for .7 your information we are transmitting herewith: i. 3
a! Encroachment Permit Form TR0126
Encroachment Permit Rider Form TR0127
Completion Notice Form TR0129
Encroachment Permit Fee Schedule (1/90)
Standard Special Provisions for type AD, BR, CS, DM,
MC(p), SV(counters) and RS permits.
Should you have any questions, call me at (510) 286-4424.
Sincerely,
PRESTON W. KELLEY
District Director
”W.
R. L. CASHION
District Permit Engineer
Attachment
Item #8.4.
i“
n ; r
.. STATED?"CALIFORNIA- DEPARTMENTOF TRANSPORTATION
ENCROACHMENT PERMIT(CITY)
TR-0126 (new 9/91) PermitNo.
‘ Dist/CoimeIPM
Incompliance with(Check one):
Date
C] Your application of
W
E] UtilityNotice No. __ of S s
[3 Agreement No. 0f...__'—_
D R/W Contract No. of
To: [——. —l
|_ J , PERMITTEE
and subject to the following, PERMISSIONIS HEREBYGRANTEDto:
\
in additionto fee, the permittee will
be billed actual costs tor:
D Yes El No Review
[:I Yes [:I No Inspection
[I Yes _____ Fieldwork
The followingattachments are also included as part of this permit (Check applicable):
[:I Yes _ __ __ __ General Provisions
[I Yes}; I] No UtilityMaintenance Provisions
I] Yes: [:I No Special Provisions
D Yes I: No A CaLOSHApermitrequiredpriorto beginningwork; #
[:| Yes
. [3 MA. The informationinthe environmentaldocumentationhas been reviewedand considered priorto ‘
‘ approval ofthis permit.
(Ifany Caitrans effort expended)
This permit is void unless the work is completed before , 19 This permitis to be strictly construed and mother work other than specificallymentioned is hereby authorized.
No project work shall be commenced untilallother necessary permits and environmentalclearances have been obtained.
Thispermit is issued by the undersigned citypursuant to delegation APPROVED:
cl maintenance cl State highways by agreement between the dry 3 State. .DistrictDirector crrY:
STATE: .DistrictPermitEngEneer
Item #8.4.
\/\
STATE0%CALIFORNIA‘ DEPARTMENTOF TRANSPORTATION
ENCROACHMENT PERMITRIDER(CITY)
TR-0127(NEW9/91) -
PermitNo.(Original),
RldorFee Paid Dist/CWRWPM
Date
TO: [——
l _|
|_
I _J , PERMITI’EE
In compliance with (your, our) request of—'___ .19— we are hereby amending the above numbere d
encroachment permit as follows: '
Date of completion extended to: I: NCCHANGE I]
Except as amended.all other terms and provisionsof the originalpermitshall remain in effect.
Thispermit is Issued by the undersigned citypursuant to delegation APPROVED:
of maintenance a! State highways by agreement between the citya State. .DistrictDirector CITY:
.DistrictPermitEngineer
FM9I 1439
Item #8.4.
i STATE OF CALIFORNIA- DEPARTMENTOF TRANSPORTATION
COMPLETIONNOTICE
TR 0129 (Rev. 1/92)
DATEWORKCOMPLETED PERMITNUMBER
FEEIDEPOSITPAID
ROUTETO: 1) DistrictPermitOf?ce and Copy Maintenance
2) DistrictAccountingOffice for billing ' a) Copy to localagency for agreement work
PERMITTEENAME
DIST/CORTEIPM
ASSOCIATEDPERMITSOR RIDERS
ROAD.NAME.INTERSECTION. ETC.
DESCRIPTIONOF WORK
INSPECTOR'SCOMMENT
I
PERMITSTAFF .
0 Workis not complete;this noticeis forprogress billingonly.
CI To the best of my knowledge,workwas completedinaccordance withpermit requirements.
PERMITINSPECTOR
BILLING(For Permit Office use)
was NO HOURS
OTHERCALTRANSUNITS
ACTUALINSPECTIONHOURS
(Not for br7lingpurposes)
PERMITINSPECTOR
CERTIFICATION
A. AmountCollected .................... $ (A)
REVIEW E] III
8. ReviewCast ............................ $ (8)
INSPECTION 0 D c. InspectionCost........................ $ (0) D. FieldWonkCost....................... $ (D)
FIELDWORK Cl C)
. El BILL[(B+C+D)—A]................... $
AGREEMENTWORK El E]
El REFUND
EA — — — —— —— —— Permitwasdenied or cancelled prior to construction. ‘ YES No Refundunexpended fees forpermit type.
AX[A-(B+C+D)]...................... $
PROGRESS BILL a a As (A-B) ................................. $ PERMITCOMPLETEDD 0 Close ?le
muToSet Fee (C) .............................. $
FINALBILL Cl C]
RELEASEBOND D C]
RELEASECASH DEPOSIT E] El
OTHER (Describe below.) 0 CI
PERMITENGINEER DATE
69! 0063
Item #8.4.
CALIFORNIADEPARTMENTOF TRANSPORTATION (on; 1/90) ENCROACHMENTPERMITFEE SCHEDULEm
REVIEII
coats TYPE APPLICATIN INSPECT!“ (2) PERMIT ”125(3) mst3)
GENERAL
A0 Advertising Display, 2 1
Marquees, Arcades;
Awnings, Bldgs.
As Airspace Rentals EXEMPT. EXEMPT AP Art Program EXEMPT EXEMPT BR Banner, Decor, Temp. Sign 1 1 . 85 Bus Passenger shelter 2 2 CC Ci ty/County Issued CD Conmercial Development AS AX CN Chain Installer 1+Bib AS CR Coffee/Rest Stop EXEMPT EXEMPT CS Curb/Cutter/Sideualk AS AS DP Double Permit (5) 1 PERORIG. PERMIT FN Fence New/Modify 3 2 AS MB Mail/News Box EXEMPT EXEMPT MC Miscellaneous he]. fn’h'rma As AX Ti ebaclt Stripe or [Signing , Major Conv. Hwy. Uidening Hiden Freeway or Ranp -
_ Bridge liorlt
0A butdoor Advertising (6) 6 AS Rx RR Crossing EXEMPT EXEMPT SC Caltrans Construction 1 O ContracttEorly Entry)
SV Survey/Archeological/ 2 AS Traffic Courts/Soil Survey ( Womel Under Roadf30“+) AS AS \ wLuall AS as
MIME: ‘ on Minor rv-F' Jun-f 2 as on Major As AS
FTUIIM:
FI Intermittent Traffic Control ' 2 0 F0 Mo Moving Vehicle 1 0 FL Traffic Control AX AX FS Special AX AX FR Rider AX AX REVIEU
0135 TYPE
(2) PERMIT MMSG)
GEO‘PMVSICALTESTING:
6C Cable Crossing 1
GV Vibriosis 1
LAIDSCAPE:
LC Conventional AS
LF Freeuay As
lM Maintenance 1
LT Tree Trim/Removal AS
RIDER:
RD Caltrans Initiate EXEMPT
RT Tine Extension 1
RH Modify work AS
ROADAPPROACHMIVEHAY:
RS Madly/Agricultural 2
RM Resurface/Reissue Reconstruct 1
RC Connercial AS
RP Ptblicnrrivaee-load AS
mean
SE Special Event AS
W
SM lieu/Modify AS
Tit Traffic Controls] 4
3 Teapot-cry Signal
08 Amusl Maintenance 1
UC Conventional Aerial 2
UE Amual Utility Encroaoh-ant 1
UF Freeway Aerial I.
UK Undergromd Longituiinal Major AS
UL Undergromd Longitudinal Minor AS
UR State [mired Relocation EXEMPT
US Service/Pothole Modify/Cameo: 2
UT Transverse lore Jack 2
UT (pen Cut/By AllRider AS
APPLICATION INSPECTION
MRS“)
A8
A5
A5
A5
AS
EXEMPT
AS
AS
AS
AS
AS
NOTES: (1)
,«
(2)
(3)
(4)
(5)
(6)
PublicCorporations are map: from this schedule (but not contractors working for public corporations).
Code used in permit number
Unusual permits can be changed from Set to AS.orASto AX at Permit Engineers option Field Work by Caltrans will be charged AS
Inspection will be charged under original permit or double permit, not both. 0A type permits requiring tree removal and replacement planting will be issued as LT type permits.
January 11, 1990
AS - Requiredepoet't at estimated amount priorto permitreview. Alter review, total review sheet and estimated hours at unseat hourly rate. Difference is eolleewd before permitishsued. .
hours at current
Take deposit at estimated amount prior to permit review. inspecuo ' cal ‘ew sheet and estimated ‘ After renew.to m rate. Difference is collected before
permit is issued.and any additional costs incurred during the work are collected upon wont completion and prior to bond release. WheneverAX is used, besure to check the
appropriate box on face of perrmt.
AS & AX
Riders
issuance.
All Permits
verify or adjust fees.
Signi?ant changes in work. requiringadditional _ . inspection or review.are collectedpnor to penmt nder Actual review and inspection hoursare documented on
completion notices.and recorded tn computer data base to Item #8.4.
AD
In addition to the attached General krovisions, from DM-M-P-ZOZB, the following special provisions are also applicable:
I. GENERAL
1. Signs, Marquees and Awings overhanging State highway right of way (R/W) shallcomply with the requirements of the applicable local agency,the latest edition of the Uniform Building Code (UBC) or these special provisions, whichever.is the higher standard.
I]. SIGNS
1. Vertical Clearance: The minimum clearanceof signs from thesidewalk shall be twelve feet (12'). r
2. Codes: Must be structurally adequate and conform to applicable building code "andCaltrans' Outdoor Advertising Regulations.
3. Location: Support shall be off the right of way. The overhang shall be at least two feet (2') back of the curb line. If no curbs are in place, the signs should be placed so that some physical barrier prevents them from being struck.
4. Advertising: The wording on the sign may only identify either the owner, the goods sold or manufactured on the‘premises or theservices. rendered.
5. Lights: No flashing, ratating or intermittent lights shall be allowed except approved public service information. Signs that contain red,‘yellow, or green lights shall not be permitted where they could interfere with thedriver's perception of traffic signals.
6. No displays shall interfere with or hide traffic signals or traffic signs.
7. Any future change of copy or location must be covered by a separate permit.
III. MARQUEES
1. The horizontalclearance between a marquee and the curb line shall not be less than two feet (2'). ‘-
2. Theminimumvertical clearance from the sidewalk shall be twelve feet (12').
3. A marquee shall be supported entirely by the building.
4. Any drainage from the marquee shall not fall on or drain across the sidewalk.
IV. AWNINGS
1. An awning is a temporary shelter supported entirely from the exterior wall of a building.
2. Awnings may identify the owner or place of business.
Item #8.4.
BR
In addition to the attached General Provisions,form DM-M-P-ZOZB,the followingspecial provisions
1. 1.
2. ,f‘iarealso applicable:
BANNERS
The banners shall not contain private advertisingnor be of a political nature.
The lower edge of the banners shall be at least eighteenfeet (18') above the highway pavement at its closest point.
Suspension or installation on State owned traf?c signalpoles or other State owned facilitiesis prohibited. '
Local police shall provide traf?c control while banner is being installedor removed.
The display may not be in place more than two weeks prior to the event and shall be immediately removed after the event.
II. CHRISTMAS DECORATIONS
1. 2.
Installation of Christmas decorationsshall not beginprior to the day after ThanksgivingDay.
Decorations attached to vertical structures such as power, telephone, or light poles, are not to project beyond the curb line and shall not hang belowa height of fourteen feet (14').
Decorations which project beyond the curb line or cross the highwayshall have a minimum vertical clearance of eighteen feet (18').
Decorations shall not be attached to State owned poles.~ Decorative lightingdisplayingred, yellow, or green lightsshall no be placed where they could interfere with the driver's perception of traffic signals.
Item #8.4.
CS
In addition to the attached General Provisions, form DM-M—P—ZOZB, the following special Provisions
1. 2.
are applicable: (
A State issued permit is required for any landscaping or tree installation, including installation of tree wells.
A separate permit mustbe obtained form Caltrans for any driveway, handicap-ramp installations or any sidewalkswhich are other than portland cement concrete constructed in compliance with Caltrans Standard Speci?cations.
Traffic control is authorized only between 9 am. and 3 p.m., Monday through Friday, holidays excluded. Any traffic control which requires lane closure shall be in compliance with the appropriate traf?c control plan. Where required by the plan, the use of a ?ashing arrowboard is MANDATORY.
New curb and gutter installationsshall be State standard type A2-6, unless necessary to conform to existing adjacent curb and gutter installations.
Normally, the back edge of a sidewalk shall be placed on the right of way line. Sidewalk width shall be minimum of ?ve feet (5').
Alignment and grade of gutter and sidewalk shall match the existing.
Existing concrete curb and paved shoulder shall he saw cut to a neat line prior to excavating ( and forming. Existing concrete sidewalk shall be saw cut at the scoreline. Paved shoulder shall \ be replaced with asphaltic concrete paving material equal "in kind" and thickness to existing shoulder and shall conform to lip of new curb and gutter.
Permittee shall be responsible for the relocation or adjustment of any utility required as the result of work authorized by this permit, and utility relocations shall be completed prior to the installation of any new curb, gutter or sidewalk.
A monolithic pour of sidewalkand curb and gutter shall not be permitted.
Item #8.4.
DM
In addition to the attached General Provisions, form DM-M-P-ZOZB,the following Special provisions are also applicable.
I. ROOF AND SURFACE BRAINS
1. Drains must be restricted to the exclusivepurpose of draining rain water from the roof of permittee's building and/orpaved parking lot. Drains if used for any other purpose, such as draining waste-water or domestic supply water onto the highway, will not be authorized.
Drains shall be installed at right angles to the curb line unless otherwise authorized.
2. Removal of PEICSidewalks or Curbs: Concrete sidewalksor curbs shall he saw cut to the nearest score marks and replaced equal in dimension to that removed with score marks matching existing adjacent sidewalk or curb.
3. After pipe drains are installed, curb and sidewalkshall be replaced with Portland cement concrete.
Item #8.4.
MCP O
In addition to the attached General Provisions, form DM-M-P-ZOZB,the following Special provisions are also applicable: ' When the work area encroaches upon a sidewalk, walkway, or crosswalk area, specialconsideration must be given to pedestrian safety. Protective barricades, fencing, handrails and bridges, together with warning and guidance devices and signs must be utilized so that the passageway for pedestrians, especially blind and other physically handicapped, is safe and well defined and shown 0n the approved permit plan.
Q Pedestrian walkways and canopies within State Right of way shall comply with the requirements of the applicable local agency or of the latest edition of the Uniform Building code, whichever contains the higher standards.
Item #8.4.
uuawgu v;..R; u
SV (Counters)
In addition to the attached General Provisions,form DM-M-P-202B(Reva/82), the following special provisions are applicable:
1. Personnel installing or removing traf?c counters shall wear an orange colored outer garment and a hard hat.
- 2. Traffic counters installed on freewayramps. shall be located at the curb return as near as possible to the local street intersection.
3. Counter tubes 'Shall be securely attached to the pavementby taping. No nails, spikes or other material shall be driven into the pavement except to secure the tube at the outside edge of shoulder, at the lip of a gutter, or in the center line stripe.
4. A copy of the collected data shall be sent to the Caltrans District Permit Engineer.
Item #8.4.
ED RS
In addition to the attached General Provision, form DM-M-P-ZOZB(Rev. 2/82), the following special provisions are applicable:
I.
1. 2.
6O
RURAL LOCATIONS
The driveway shall be surfaced with a minimum of two inches (2") of asphalt concrete placed on four inches (4") of well graded and compacted aggregate base and shall conformtothe existing pavement.
Existing drainage shall not be impaired. Either a valley gutter or a culvert shall be provided.
Where a culvert is installed, it shall be installed 1n the flowline of the existing drainage ditch at an elevation to provide maximum drainage.
A standard tapered end section shall be installed at the inlet and outlet of the culvert.
Any change in the existing drainage pattern, whether occasioned by increase or diversion, and the cost of any damage, repair or restoration of the State highway right of way shall be the responsibility of the permittee.
Driveway installation shall conform to the attached plan, "Standard Private and Commercial Road approach in Rural Areas with unimproved Frontage in Conventional State Highway". 1]. URBAN LOCATIONS
1'
3?;
Where curbs exist, the driveway structural section shall be a minimum of four inches (4") of Portland Cement Concrete (PCC) over six inches (6") of aggregate base.
Driveway details shall comply to State standards unless localstandards exceed the State's.
Any existing utility boxes must be either relocated or adjusted to grade at the permittee’s expense.
Removal-of PCC Sidewalks or Curbs: sidewalks or curbs shall he saw cut to the nearest score marks and replaced equal in dimension to that removed with score marks matching existing adjacent sidewalk or curb.
Item #8.4.
<
) )
AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF
and the City of hereinafter
WITNESSETH:
A. RECITALS:
B. AGREEMENT:
C. MAINTENANCE DEFINED:
Sec. 27.
-1-
hereinafter referred to as
referred to as "CITY".
This Agreement shall supersede any previous AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF CALISTOGA and or AMENDMENTS thereto with the CITY.
The CITY will perform such maintenance work as is specifically delegated to it, on State highway routes or portions thereof, all as hereinafter described under Section H hereof or as said Section may be subsequently modified with the consent of the parties hereto acting by and through their authorized representatives.
In consideration of mutual covenants and promises herein contained, it is agreed:
Maintenance is defined in Section 27 of the Streets and Highways Code as follows:
The parties desire to provide for the CITY to perform
particular maintenance functions on the State highway(s) within the CITY as provided in Section 130 of the Streets and Highways Code.
CALISTOGA
This AGREEMENT, made and executed in duplicate this /7
day of aalltao________, 19 93 , by and between the State of California, acting by and through the Department of Transportation, "(a) The preservation and keeping of
rights of way, and each type of roadway,
structure, safety convenience or device,
planting, illumination equipment and
other facility, in the safe and usable
condition to which it has been improved
or constructed, but does not include
reconstruction or other improvement.
"STATE"
Item #8.4.
) )
(b)
( C )
D. DEGREE OF MAINTENANCE:
to time by the District Director."District Director", as used maintenance levels. Failure of the CITY to comply with the maintenance levels would be reason to terminate this Agreement as specified under Section JTerm of Agreement". However, this ft An Encroachment Permit will be required for third parties when maintenance work is redelegated.Such redelegated work shall be total and route dollar amounts.The CITY may perform additional work if desired but the STATE will not reimburse the CITY for any work in excess of authorized dollars.The District Director may -2-
Operation of special safety conveniences
and devices, and illuminating equipment.
random check does not preempt the CITY’s maintenance
responsibilities as spelled out in the Agreement.
The special or emergency maintenance or
repair necessitated by accidents or by
storms or other weather conditions,
slides, settlements, or other unusual or
unexpected damage to a roadway, structure
or facility."
authorize adjustments needed because of inflation or changes in program emphasis.
herein, means the District Director of the Department of Transportation assigned to the territory in which the CITY is located, or his authorized representative.
performed to the same levels of service as spelled out herein and will be subject to the same random checks as provided for work performed directly by CITY forces.
The degree or extent of maintenance work to be performed and the standards therefor shall be in accordance with the provisions of Section 27 of the Streets and Highways Code as set forth in the current edition of the State Maintenance Manual (a copy of which has been provided to the CITY), or as may be prescribed from time The level of service of maintenance in each of the programs delegated to the CITY has been considered in setting authorized The STATE reserves the option to check at random all areas of State highways maintained by the CITY to assure conformance to Item #8.4.
/
)
LEGAL RELATIONS AND RESPONSIBILITIES:E.
jurisdiction delegated to the CITY under this Agreement.It is It is
F. MAINTENANCE FUNCTIONS:
A brief description of those maintenance functions delegated to the CITY are included in this section.The functions are identified by the Caltrans HM Program Codes.
-3-
or jurisdiction delegated to the STATE under this Agreement, understood and agreed that pursuant to Government Code Section 895.4 STATE shall defend, indemnify and save harmless the CITY, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to the STATE under this Agreement.
understood and agreed that pursuant to Government Code Section 895.4 CITY shall defend, indemnify and save harmless the State of California, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on 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.
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 CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the STATE under or in connection with any work, authority It is understood and agreed that neither the STATE nor any officer or employee thereof 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 The CITY shall perform only those maintenance functions delegated, as identified, in Section H (DELEGATION OF MAINTENANCE) of this Agreement.
Item #8.4.
/ /
SLOPES/DRAINAGE/VEGETATIONHM2C
This provides for cleaning, maintaining, and repairing
culverts, ditches, drains, structures,fences, curbs, •
sidewalks and other appurtenances between the roadbed and the outer highway right-of-way boundary line.It also
control. The following problems are included:
1. Sidewalks
LITTER/DEBRISHM2D
This provides for removal of litter and debris from roadway The following problems are
HM2E LANDSCAPING
This provides for watering, fertilizing, removal of shrubs, and control of weeds in planted areas.Includes trimming, The
HM4K ELECTRICAL
It also includes the electrical energy for these
1. Safety lighting only (Exhibit A)
-4-
includes weed and brush control by chemical, biological or mechanical methods, trimming and removal of trees and pest lighting,
items.
This includes maintenance work performed on highway
electrical facilities including flashing beacons, traffic signals, traffic-signal systems, safety lighting and sign removal, and spraying of trees, replacement of plants,
shrubs, and trees, and pest control in planted areas,
following problems are included:
surfaces and roadsides,
included:
The CITY shall follow the same policy and procedure
generally practiced regarding CITY sidewalks by requiring repairs and control of vegetation to be made by or at the expense of abutting owners, who are under legal obligation to perform such work.
1. Weed control
2. Pruning/thinning/removing/replacing
3. Irrigation
1. Debris/carcass pickup
2. Sweeping
3. Litter pickup
4. Spills of non-toxic substances
5. Miscellaneous
Item #8.4.
I
)
District Director. Where such lighting has been
The same principle of costtotal number of legs.
distribution shall apply to freeway interchanges.The
-5-
The STATE will not pay for the maintenance, installation, repair, servicing, nor power for ordinary street lighting; however, lighting at intersections, which qualify as safety lighting under warrants approved/accepted by the STATE, will be paid for when approved and specifically authorized by the specifically authorized, the maintenance and operating costs thereof shall be shared between the STATE and the CITY on a pro rata basis in the same ratio as the number of legs in the intersection under each jurisdiction bears to the total number of legs.
participation ratio shall be based on the ratio of the
number of legs of the respective agencies to the total
number of legs of the intersection.
The cost of maintaining traffic signals or other
electrically operated traffic control devices now in place or those which may hereafter be installed at the
intersection of any STATE highway route and any CITY
street/road shall be shared between the STATE and the CITY on a pro rata basis in the same ratio as the number of legs in the intersection under each jurisdiction bears to the Item #8.4.
)
)
G. EXPENDITURE AUTHORIZATION:
A new (Section H) will be provided
or additional expenditures for specific projects
maximum expenditure per route as hereinafter specified.An -6-
may be made, when such adjustment of expenditures for routine maintenance or such specific work is authorized in writing by the District Director or his authorized representative.
annually by the STATE for the ensuring fiscal year, if necessary, to insure equitable annual cost.
adjustment of the said maximum expenditure, either increase or decrease, shall not affect other terms of the Agreement.
Additional expenditures or adjustment of expenditures thus authorized shall apply during the fiscal year, designated therein and shall not be deemed to permanently modify or change the basic The expenditure per route for routine maintenance work as referred to above may be increased or decreased, redistributed The STATE will reimburse the CITY for actual cost of all routine maintenance work performed by the CITY as delegated under Section H of this Agreement, but it is agreed that during any fiscal year, the maximum expenditure on any route shall not exceed the amount as shown on Section H of this Agreement, unless such expenditure is revised by an amended Agreement or otherwise adjusted or modified as hereinafter provided for.
"DELEGATION OF MAINTENANCE"
between routes,
Item #8.4.
) )
H. DELEGATION OF MAINTENANCE:
The specific maintenance function indicated below (and on This delegation of
DESCRIPTION OF ROUTING
29 1.71 $
Footnotes 1, 3, 4.
128 1.31 5
Footnotes 2, 3, 4.
TOTAL AUTHORIZED EXPENDITURE $ 3,800.00
Footnotes:
-7-
LENGTH
MILES
PROGRAM
DELEGATED
HM2C
HM2D
HM4K
HM2C
HM2D
HM4K
MAXIMUM
ANNUAL
AUTHORIZED
EXPENDITURE
0.00 200.00
400.00
Foothill Boulevard from
Lincoln Avenue (Route
29) to west city limits;
a length of 1.31 miles.
maintenance function set forth herein does not include areas and functions of which the control and maintenance rest with the local authority under the terms of Freeway Agreements and/or Freeway Maintenance Agreements.
Foothill Boulevard from
city limits 3,150 feet
southeasterly of Pine
Street to Route 128 at
Lincoln Avenue, along
Lincoln Avenue from
Foothill Boulevard to
north City limits at
County Road; a length
of 1.71 miles.
ROUTE
NO.
0.00 2,000.00
1,200.00
(1) Length of street to be cleaned - 1.0 curb mile.
(2) Length of street to be cleaned - 0.1 curb mile.
(3) CITY will maintain sidewalks and shall be
responsible for any costs therein.
(4) CITY will maintain approved intersection lighting.
STATE will participate in energy costs
(See Exhibit A).
"EXHIBIT A") is hereby delegated to the CITY.
Item #8.4.
STATE OF C A L .1.1" 0 K N .1. A
DEPARTMENT OF TRANSPORTATION
EXHIBIT A DECEMBER 21 , 1992
MAINTENANCE AND OPERATION OF- ELECTRICAL EQUIPMENT
BY THE CITY OF CALISTOGA FOR CALTRANS
IN ACCORDANCE WITH MAINTENANCE AGRI ENT EFFF TIVE JULY 1,1993 RTE PM INTERSECTION EQUIPMENT RATE INT OR POLE NO UNITS % SI ATE EQUIV UNTT 29 36.89 1A PINE ST. 7OU HP O DI UM 160 1.00 AAA
29 36.94 MYRTLE ST, 4000 HP ODIUM 24,225 uu 50.0000 .1. 29 37.00 CEDAR ST. A 2000 IIP- ODI UM 2 7 7 } 0 50.0000 f 29 37.14 WASHINGTON ST. 1A 200W HP 0 DI UM 3 33 2.00 . 0000 1 29 37.23 FAIR WAY 1A 4000 HP-SODIUM 2) :> 1.00 6667
29 37.32 STEVENSON ST. 1A 400W HP-SODIUM 241 1 .00 50 ) 0 0 0 29 37.39 WAPOO ST. 1A 70W HP-SODIUM 1.00 50.0000 ri
29 37.52 BRANNAN-WAPOO 1A 70W HP ODIUM 855 1.00 50.0000 0 ( 29 37.90 LAKE ST. A 70W HP ODIUM 1.00 50.0000 11)
128 4.04 LILLIE-HIGH STS. 1A W HP DD UM 00 1.00 50.0000 0 128 4.27 SILVER STREET 1A 70W HP ODIUM 33 1.00 A A
128 4.35 BERRY STREET 1A 70W HP ODIUM 3 4 1.00 66.66
4.42128 SPRING STREET )W HP OD HIM 40 1.00 ()
128 4.50 ELM STREET 1A 200W HP 0 DI UM 1.00 66.6667
0 PAGE 1
Item #8.4.
EQUIPMENT EQU IV UNITS EQUIPMENT EQUIV UNIT :>
IF YOU HAVE ANY QUESTIONS ON TH1 EXHBIT
PLEASE CALI- DAVID LEE. ( 510 ) 4
UNNUMBERED PACE
700W MV LIGHTS
250W HP-SODIUM
400W HP-SODIUM
0.0000
0.0000
2.1667
2000 HP-SODIUM
70W HP-SODIUM
100Q HP-SODIUM
s, » o 5 5 /4.6 66 7
0.0000
SUMMA FLY
CITY OF CALISTOGA
Item #8.4.
)
1. SUBMISSION OF BILLS:
The CITY will submit bills in a consistent periodic sequence (monthly, quarterly, semiannually, or annually).Bills for less Program Code as outlined in this Agreement.Bills submitted for Equipment shall be charged at mutually acceptable rental rates and labor and material at actual cost.The CITY will be allowed to the execution of the work.Said factors and method shall be subject to approval by the STATE.
above-mentioned charges added again.An actual handling charge for processing this type of bill will be allowed the CITY.
Superintendent of that specific area.In addition, the CITY should STATE highway. Repair of equipment damaged in vehicular accidents shall be considered routine maintenance.
on a generally accepted accounting basis, complete and accurate records that support all billings.These records shall be made J. TERM OF AGREEMENT:
This Agreement may be amended or terminated at any time upon mutual consent of the parties thereto.This Agreement may also be -8-
terminated by either party upon thirty (30) days written notice to. the other party.
recover overhead and administrative costs only to the extent that such charges include applicable expenses incurred by the CITY in notify the STATE’S Highway Maintenance Superintendent for the area of any storm damage or other emergency condition affecting the available to STATE representatives for review during normal business hours for a period of three (3) years after payment of such billings.
than $500 shall not be submitted more than once each quarter.
Bills must be submitted promptly following close of corresponding billing period and should be coded according to the Caltrans HM periods prior to the last fiscal year will be deemed waived and not be honored.
Emergency and storm repairs performed by the CITY will be paid for only with prior approval of the STATE'S Highway Maintenance Maintenance services provided by contract or on a unit-rate basis with overhead costs included shall not have these This Agreement shall become effective July 1, 1993 and shall remain in full force and effect until amended or terminated.
The CITY shall maintain,
Item #8.4.
) 1
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written.
CITY OF CALISTOGA
By
./
(
7 //0
/
City ClerkCity Attorney ' \
By
2-22-23
DATE
-9-
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
JAMES W. VAN LOBEN SELS
Director of Transportation
GLENN E. BEHM
Deputy District Director
A. are f
ayor
Item #8.4.
)
RESOLUTION NO.93-4
WHEREAS, the State of California, through its Business, WHEREAS, said Maintenance Agreement has been amended this ,1993 and to remain in effect until
and
PASSED, APPROVED, and ADOPTED by the City Council of the ABSTAIN/ABSENT:None
Laverne Oyarzo,
ATTEST:
Patt Osborne, City Clerk
19th day of January
amended or terminated;
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Calistoga does hereby state that the said Agreement for Maintenance of the State Highways within the City of Calistoga is hereby approved; and
Transportation and Housing Agency, Department of Transportation, has presented an Agreement for Maintenance of the State Highways in the City of Calistoga, effective and to remain in effect until amended or terminated; and
BE IT FURTHER RESOLVED that the Mayor and the City Clerk respectively are directed to sign Agreement on behalf of the said City.
City of Calistoga at a regular meeting held this 19th day of January,1993 by the following vote:
Fundy and
Marberry.
AYES: Councilmember Trout, Mayor Oyarzo
NOES: None
WHEREAS, the City Council has heard and read said Agreement in full and is familiar with the contents thereof; and
RESOULUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA,
COUNTY OF NAPA, STATE OF CALIFORNIA APPROVING
AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE
CITY OF CALISTOGA
Item #8.4.
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: 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 #8.4.
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 #8.4.
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 #8.4.
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 #8.4.
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 #8.4.
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 #8.4.
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 #8.4.
f: F:F;.:\-' )‘lxll-SRS {?x-z 6‘“.'::;,.7“ Osman/WT 3 ! [ya/7r;
MAR2
RESOLUTION NO. 93-5
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA,
COUNTY OF NAPA, STATE OF CALIFORNIA APPROVING AGREEMENT
FOR THE ISSUANCE OF ROUTINE ENCROACHMENT PERMITS ON
STATE HIGHWAYS IN THE CITY OF CALISTOGA
WHEREAS, the State of California, through its Business, Transportation and Housing Agency, the Department of
Transportation has presented an Agreement for the issuance of routine encroachment permits on State Highways in the City of Calistoga effective and to remainin effect until amended or terminated; and
WHEREAS, said Agreement for the issuance of routine
encroachment permits on State Highways in the City of Calistoga has been approved this 19?1 day of Jmumzz ,1993 and to
remain in effect until amended or terminated; and
WHEREAS, the City Council of the City of Calistoga has heard and read said Agreement in full and is familiar with its contents; and
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Calistoga does hereby state that said Agreement for the issuance of routine encroachment permits on State Highways in the City of Calistoga is hereby approved; and
BE IT FURTHER RESOLVED that the Mayor and the City Clerk respectively are further directed to sign Agreement on behalf of the said City.
PASSED, APPROVED, and ADOPTED by the City Council of the City of Calistoga at a regular meeting held this 12th day of January 1993 by the following vote:
AYES:Counci1member Trout, Mayor Oyarzo, Co cilmembers Fundy, Ranieri‘ and NOES : None Marberry.
ABSTAIN/ABSENTzNone
Laverne Oyarzo, Mayo
ATTEST: M—
Patt Osborne, City Clerk
Item #8.4.
“ix \
, k .
‘
: .A/
' STATEOF CALIFORNIA—BUSINESS, TRANSPORTATIONAND HOUSING AGENCY . PETEWILSON, Gowmor
x ’DEPARTMENTOF- TRANSPORTATION
BOX 23660
OAKLAND, CA. ’94623-0660
(510) 286-4444
TDD (510) 236-4454
December 18, 1992
404.20
Mr. Waldo Kolb
Department of Public Works
City of Calistoga
1232 Washington Street
hCalistoga, CA 94515
Subject: Agreement to Issue Encroachment Permits
Dear Mr. Kolb:
As discussed at our December 16, 1992, subject meeeting, for .7 your information we are transmitting herewith: i. 3
a! Encroachment Permit Form TR0126
Encroachment Permit Rider Form TR0127
Completion Notice Form TR0129
Encroachment Permit Fee Schedule (1/90)
Standard Special Provisions for type AD, BR, CS, DM,
MC(p), SV(counters) and RS permits.
Should you have any questions, call me at (510) 286-4424.
Sincerely,
PRESTON W. KELLEY
District Director
”W.
R. L. CASHION
District Permit Engineer
Attachment
Item #8.4.
i“
n ; r
.. STATED?"CALIFORNIA- DEPARTMENTOF TRANSPORTATION
ENCROACHMENT PERMIT(CITY)
TR-0126 (new 9/91) PermitNo.
‘ Dist/CoimeIPM
Incompliance with(Check one):
Date
C] Your application of
W
E] UtilityNotice No. __ of S s
[3 Agreement No. 0f...__'—_
D R/W Contract No. of
To: [——. —l
|_ J , PERMITTEE
and subject to the following, PERMISSIONIS HEREBYGRANTEDto:
\
in additionto fee, the permittee will
be billed actual costs tor:
D Yes El No Review
[:I Yes [:I No Inspection
[I Yes _____ Fieldwork
The followingattachments are also included as part of this permit (Check applicable):
[:I Yes _ __ __ __ General Provisions
[I Yes}; I] No UtilityMaintenance Provisions
I] Yes: [:I No Special Provisions
D Yes I: No A CaLOSHApermitrequiredpriorto beginningwork; #
[:| Yes
. [3 MA. The informationinthe environmentaldocumentationhas been reviewedand considered priorto ‘
‘ approval ofthis permit.
(Ifany Caitrans effort expended)
This permit is void unless the work is completed before , 19 This permitis to be strictly construed and mother work other than specificallymentioned is hereby authorized.
No project work shall be commenced untilallother necessary permits and environmentalclearances have been obtained.
Thispermit is issued by the undersigned citypursuant to delegation APPROVED:
cl maintenance cl State highways by agreement between the dry 3 State. .DistrictDirector crrY:
STATE: .DistrictPermitEngEneer
Item #8.4.
\/\
STATE0%CALIFORNIA‘ DEPARTMENTOF TRANSPORTATION
ENCROACHMENT PERMITRIDER(CITY)
TR-0127(NEW9/91) -
PermitNo.(Original),
RldorFee Paid Dist/CWRWPM
Date
TO: [——
l _|
|_
I _J , PERMITI’EE
In compliance with (your, our) request of—'___ .19— we are hereby amending the above numbere d
encroachment permit as follows: '
Date of completion extended to: I: NCCHANGE I]
Except as amended.all other terms and provisionsof the originalpermitshall remain in effect.
Thispermit is Issued by the undersigned citypursuant to delegation APPROVED:
of maintenance a! State highways by agreement between the citya State. .DistrictDirector CITY:
.DistrictPermitEngineer
FM9I 1439
Item #8.4.
i STATE OF CALIFORNIA- DEPARTMENTOF TRANSPORTATION
COMPLETIONNOTICE
TR 0129 (Rev. 1/92)
DATEWORKCOMPLETED PERMITNUMBER
FEEIDEPOSITPAID
ROUTETO: 1) DistrictPermitOf?ce and Copy Maintenance
2) DistrictAccountingOffice for billing ' a) Copy to localagency for agreement work
PERMITTEENAME
DIST/CORTEIPM
ASSOCIATEDPERMITSOR RIDERS
ROAD.NAME.INTERSECTION. ETC.
DESCRIPTIONOF WORK
INSPECTOR'SCOMMENT
I
PERMITSTAFF .
0 Workis not complete;this noticeis forprogress billingonly.
CI To the best of my knowledge,workwas completedinaccordance withpermit requirements.
PERMITINSPECTOR
BILLING(For Permit Office use)
was NO HOURS
OTHERCALTRANSUNITS
ACTUALINSPECTIONHOURS
(Not for br7lingpurposes)
PERMITINSPECTOR
CERTIFICATION
A. AmountCollected .................... $ (A)
REVIEW E] III
8. ReviewCast ............................ $ (8)
INSPECTION 0 D c. InspectionCost........................ $ (0) D. FieldWonkCost....................... $ (D)
FIELDWORK Cl C)
. El BILL[(B+C+D)—A]................... $
AGREEMENTWORK El E]
El REFUND
EA — — — —— —— —— Permitwasdenied or cancelled prior to construction. ‘ YES No Refundunexpended fees forpermit type.
AX[A-(B+C+D)]...................... $
PROGRESS BILL a a As (A-B) ................................. $ PERMITCOMPLETEDD 0 Close ?le
muToSet Fee (C) .............................. $
FINALBILL Cl C]
RELEASEBOND D C]
RELEASECASH DEPOSIT E] El
OTHER (Describe below.) 0 CI
PERMITENGINEER DATE
69! 0063
Item #8.4.
CALIFORNIADEPARTMENTOF TRANSPORTATION (on; 1/90) ENCROACHMENTPERMITFEE SCHEDULEm
REVIEII
coats TYPE APPLICATIN INSPECT!“ (2) PERMIT ”125(3) mst3)
GENERAL
A0 Advertising Display, 2 1
Marquees, Arcades;
Awnings, Bldgs.
As Airspace Rentals EXEMPT. EXEMPT AP Art Program EXEMPT EXEMPT BR Banner, Decor, Temp. Sign 1 1 . 85 Bus Passenger shelter 2 2 CC Ci ty/County Issued CD Conmercial Development AS AX CN Chain Installer 1+Bib AS CR Coffee/Rest Stop EXEMPT EXEMPT CS Curb/Cutter/Sideualk AS AS DP Double Permit (5) 1 PERORIG. PERMIT FN Fence New/Modify 3 2 AS MB Mail/News Box EXEMPT EXEMPT MC Miscellaneous he]. fn’h'rma As AX Ti ebaclt Stripe or [Signing , Major Conv. Hwy. Uidening Hiden Freeway or Ranp -
_ Bridge liorlt
0A butdoor Advertising (6) 6 AS Rx RR Crossing EXEMPT EXEMPT SC Caltrans Construction 1 O ContracttEorly Entry)
SV Survey/Archeological/ 2 AS Traffic Courts/Soil Survey ( Womel Under Roadf30“+) AS AS \ wLuall AS as
MIME: ‘ on Minor rv-F' Jun-f 2 as on Major As AS
FTUIIM:
FI Intermittent Traffic Control ' 2 0 F0 Mo Moving Vehicle 1 0 FL Traffic Control AX AX FS Special AX AX FR Rider AX AX REVIEU
0135 TYPE
(2) PERMIT MMSG)
GEO‘PMVSICALTESTING:
6C Cable Crossing 1
GV Vibriosis 1
LAIDSCAPE:
LC Conventional AS
LF Freeuay As
lM Maintenance 1
LT Tree Trim/Removal AS
RIDER:
RD Caltrans Initiate EXEMPT
RT Tine Extension 1
RH Modify work AS
ROADAPPROACHMIVEHAY:
RS Madly/Agricultural 2
RM Resurface/Reissue Reconstruct 1
RC Connercial AS
RP Ptblicnrrivaee-load AS
mean
SE Special Event AS
W
SM lieu/Modify AS
Tit Traffic Controls] 4
3 Teapot-cry Signal
08 Amusl Maintenance 1
UC Conventional Aerial 2
UE Amual Utility Encroaoh-ant 1
UF Freeway Aerial I.
UK Undergromd Longituiinal Major AS
UL Undergromd Longitudinal Minor AS
UR State [mired Relocation EXEMPT
US Service/Pothole Modify/Cameo: 2
UT Transverse lore Jack 2
UT (pen Cut/By AllRider AS
APPLICATION INSPECTION
MRS“)
A8
A5
A5
A5
AS
EXEMPT
AS
AS
AS
AS
AS
NOTES: (1)
,«
(2)
(3)
(4)
(5)
(6)
PublicCorporations are map: from this schedule (but not contractors working for public corporations).
Code used in permit number
Unusual permits can be changed from Set to AS.orASto AX at Permit Engineers option Field Work by Caltrans will be charged AS
Inspection will be charged under original permit or double permit, not both. 0A type permits requiring tree removal and replacement planting will be issued as LT type permits.
January 11, 1990
AS - Requiredepoet't at estimated amount priorto permitreview. Alter review, total review sheet and estimated hours at unseat hourly rate. Difference is eolleewd before permitishsued. .
hours at current
Take deposit at estimated amount prior to permit review. inspecuo ' cal ‘ew sheet and estimated ‘ After renew.to m rate. Difference is collected before
permit is issued.and any additional costs incurred during the work are collected upon wont completion and prior to bond release. WheneverAX is used, besure to check the
appropriate box on face of perrmt.
AS & AX
Riders
issuance.
All Permits
verify or adjust fees.
Signi?ant changes in work. requiringadditional _ . inspection or review.are collectedpnor to penmt nder Actual review and inspection hoursare documented on
completion notices.and recorded tn computer data base to Item #8.4.
AD
In addition to the attached General krovisions, from DM-M-P-ZOZB, the following special provisions are also applicable:
I. GENERAL
1. Signs, Marquees and Awings overhanging State highway right of way (R/W) shallcomply with the requirements of the applicable local agency,the latest edition of the Uniform Building Code (UBC) or these special provisions, whichever.is the higher standard.
I]. SIGNS
1. Vertical Clearance: The minimum clearanceof signs from thesidewalk shall be twelve feet (12'). r
2. Codes: Must be structurally adequate and conform to applicable building code "andCaltrans' Outdoor Advertising Regulations.
3. Location: Support shall be off the right of way. The overhang shall be at least two feet (2') back of the curb line. If no curbs are in place, the signs should be placed so that some physical barrier prevents them from being struck.
4. Advertising: The wording on the sign may only identify either the owner, the goods sold or manufactured on the‘premises or theservices. rendered.
5. Lights: No flashing, ratating or intermittent lights shall be allowed except approved public service information. Signs that contain red,‘yellow, or green lights shall not be permitted where they could interfere with thedriver's perception of traffic signals.
6. No displays shall interfere with or hide traffic signals or traffic signs.
7. Any future change of copy or location must be covered by a separate permit.
III. MARQUEES
1. The horizontalclearance between a marquee and the curb line shall not be less than two feet (2'). ‘-
2. Theminimumvertical clearance from the sidewalk shall be twelve feet (12').
3. A marquee shall be supported entirely by the building.
4. Any drainage from the marquee shall not fall on or drain across the sidewalk.
IV. AWNINGS
1. An awning is a temporary shelter supported entirely from the exterior wall of a building.
2. Awnings may identify the owner or place of business.
Item #8.4.
BR
In addition to the attached General Provisions,form DM-M-P-ZOZB,the followingspecial provisions
1. 1.
2. ,f‘iarealso applicable:
BANNERS
The banners shall not contain private advertisingnor be of a political nature.
The lower edge of the banners shall be at least eighteenfeet (18') above the highway pavement at its closest point.
Suspension or installation on State owned traf?c signalpoles or other State owned facilitiesis prohibited. '
Local police shall provide traf?c control while banner is being installedor removed.
The display may not be in place more than two weeks prior to the event and shall be immediately removed after the event.
II. CHRISTMAS DECORATIONS
1. 2.
Installation of Christmas decorationsshall not beginprior to the day after ThanksgivingDay.
Decorations attached to vertical structures such as power, telephone, or light poles, are not to project beyond the curb line and shall not hang belowa height of fourteen feet (14').
Decorations which project beyond the curb line or cross the highwayshall have a minimum vertical clearance of eighteen feet (18').
Decorations shall not be attached to State owned poles.~ Decorative lightingdisplayingred, yellow, or green lightsshall no be placed where they could interfere with the driver's perception of traffic signals.
Item #8.4.
CS
In addition to the attached General Provisions, form DM-M—P—ZOZB, the following special Provisions
1. 2.
are applicable: (
A State issued permit is required for any landscaping or tree installation, including installation of tree wells.
A separate permit mustbe obtained form Caltrans for any driveway, handicap-ramp installations or any sidewalkswhich are other than portland cement concrete constructed in compliance with Caltrans Standard Speci?cations.
Traffic control is authorized only between 9 am. and 3 p.m., Monday through Friday, holidays excluded. Any traffic control which requires lane closure shall be in compliance with the appropriate traf?c control plan. Where required by the plan, the use of a ?ashing arrowboard is MANDATORY.
New curb and gutter installationsshall be State standard type A2-6, unless necessary to conform to existing adjacent curb and gutter installations.
Normally, the back edge of a sidewalk shall be placed on the right of way line. Sidewalk width shall be minimum of ?ve feet (5').
Alignment and grade of gutter and sidewalk shall match the existing.
Existing concrete curb and paved shoulder shall he saw cut to a neat line prior to excavating ( and forming. Existing concrete sidewalk shall be saw cut at the scoreline. Paved shoulder shall \ be replaced with asphaltic concrete paving material equal "in kind" and thickness to existing shoulder and shall conform to lip of new curb and gutter.
Permittee shall be responsible for the relocation or adjustment of any utility required as the result of work authorized by this permit, and utility relocations shall be completed prior to the installation of any new curb, gutter or sidewalk.
A monolithic pour of sidewalkand curb and gutter shall not be permitted.
Item #8.4.
DM
In addition to the attached General Provisions, form DM-M-P-ZOZB,the following Special provisions are also applicable.
I. ROOF AND SURFACE BRAINS
1. Drains must be restricted to the exclusivepurpose of draining rain water from the roof of permittee's building and/orpaved parking lot. Drains if used for any other purpose, such as draining waste-water or domestic supply water onto the highway, will not be authorized.
Drains shall be installed at right angles to the curb line unless otherwise authorized.
2. Removal of PEICSidewalks or Curbs: Concrete sidewalksor curbs shall he saw cut to the nearest score marks and replaced equal in dimension to that removed with score marks matching existing adjacent sidewalk or curb.
3. After pipe drains are installed, curb and sidewalkshall be replaced with Portland cement concrete.
Item #8.4.
MCP O
In addition to the attached General Provisions, form DM-M-P-ZOZB,the following Special provisions are also applicable: ' When the work area encroaches upon a sidewalk, walkway, or crosswalk area, specialconsideration must be given to pedestrian safety. Protective barricades, fencing, handrails and bridges, together with warning and guidance devices and signs must be utilized so that the passageway for pedestrians, especially blind and other physically handicapped, is safe and well defined and shown 0n the approved permit plan.
Q Pedestrian walkways and canopies within State Right of way shall comply with the requirements of the applicable local agency or of the latest edition of the Uniform Building code, whichever contains the higher standards.
Item #8.4.
uuawgu v;..R; u
SV (Counters)
In addition to the attached General Provisions,form DM-M-P-202B(Reva/82), the following special provisions are applicable:
1. Personnel installing or removing traf?c counters shall wear an orange colored outer garment and a hard hat.
- 2. Traffic counters installed on freewayramps. shall be located at the curb return as near as possible to the local street intersection.
3. Counter tubes 'Shall be securely attached to the pavementby taping. No nails, spikes or other material shall be driven into the pavement except to secure the tube at the outside edge of shoulder, at the lip of a gutter, or in the center line stripe.
4. A copy of the collected data shall be sent to the Caltrans District Permit Engineer.
Item #8.4.
ED RS
In addition to the attached General Provision, form DM-M-P-ZOZB(Rev. 2/82), the following special provisions are applicable:
I.
1. 2.
6O
RURAL LOCATIONS
The driveway shall be surfaced with a minimum of two inches (2") of asphalt concrete placed on four inches (4") of well graded and compacted aggregate base and shall conformtothe existing pavement.
Existing drainage shall not be impaired. Either a valley gutter or a culvert shall be provided.
Where a culvert is installed, it shall be installed 1n the flowline of the existing drainage ditch at an elevation to provide maximum drainage.
A standard tapered end section shall be installed at the inlet and outlet of the culvert.
Any change in the existing drainage pattern, whether occasioned by increase or diversion, and the cost of any damage, repair or restoration of the State highway right of way shall be the responsibility of the permittee.
Driveway installation shall conform to the attached plan, "Standard Private and Commercial Road approach in Rural Areas with unimproved Frontage in Conventional State Highway". 1]. URBAN LOCATIONS
1'
3?;
Where curbs exist, the driveway structural section shall be a minimum of four inches (4") of Portland Cement Concrete (PCC) over six inches (6") of aggregate base.
Driveway details shall comply to State standards unless localstandards exceed the State's.
Any existing utility boxes must be either relocated or adjusted to grade at the permittee’s expense.
Removal-of PCC Sidewalks or Curbs: sidewalks or curbs shall he saw cut to the nearest score marks and replaced equal in dimension to that removed with score marks matching existing adjacent sidewalk or curb.
Item #8.4.
<
) )
AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF
and the City of hereinafter
WITNESSETH:
A. RECITALS:
B. AGREEMENT:
C. MAINTENANCE DEFINED:
Sec. 27.
-1-
hereinafter referred to as
referred to as "CITY".
This Agreement shall supersede any previous AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF CALISTOGA and or AMENDMENTS thereto with the CITY.
The CITY will perform such maintenance work as is specifically delegated to it, on State highway routes or portions thereof, all as hereinafter described under Section H hereof or as said Section may be subsequently modified with the consent of the parties hereto acting by and through their authorized representatives.
In consideration of mutual covenants and promises herein contained, it is agreed:
Maintenance is defined in Section 27 of the Streets and Highways Code as follows:
The parties desire to provide for the CITY to perform
particular maintenance functions on the State highway(s) within the CITY as provided in Section 130 of the Streets and Highways Code.
CALISTOGA
This AGREEMENT, made and executed in duplicate this /7
day of aalltao________, 19 93 , by and between the State of California, acting by and through the Department of Transportation, "(a) The preservation and keeping of
rights of way, and each type of roadway,
structure, safety convenience or device,
planting, illumination equipment and
other facility, in the safe and usable
condition to which it has been improved
or constructed, but does not include
reconstruction or other improvement.
"STATE"
Item #8.4.
) )
(b)
( C )
D. DEGREE OF MAINTENANCE:
to time by the District Director."District Director", as used maintenance levels. Failure of the CITY to comply with the maintenance levels would be reason to terminate this Agreement as specified under Section JTerm of Agreement". However, this ft An Encroachment Permit will be required for third parties when maintenance work is redelegated.Such redelegated work shall be total and route dollar amounts.The CITY may perform additional work if desired but the STATE will not reimburse the CITY for any work in excess of authorized dollars.The District Director may -2-
Operation of special safety conveniences
and devices, and illuminating equipment.
random check does not preempt the CITY’s maintenance
responsibilities as spelled out in the Agreement.
The special or emergency maintenance or
repair necessitated by accidents or by
storms or other weather conditions,
slides, settlements, or other unusual or
unexpected damage to a roadway, structure
or facility."
authorize adjustments needed because of inflation or changes in program emphasis.
herein, means the District Director of the Department of Transportation assigned to the territory in which the CITY is located, or his authorized representative.
performed to the same levels of service as spelled out herein and will be subject to the same random checks as provided for work performed directly by CITY forces.
The degree or extent of maintenance work to be performed and the standards therefor shall be in accordance with the provisions of Section 27 of the Streets and Highways Code as set forth in the current edition of the State Maintenance Manual (a copy of which has been provided to the CITY), or as may be prescribed from time The level of service of maintenance in each of the programs delegated to the CITY has been considered in setting authorized The STATE reserves the option to check at random all areas of State highways maintained by the CITY to assure conformance to Item #8.4.
/
)
LEGAL RELATIONS AND RESPONSIBILITIES:E.
jurisdiction delegated to the CITY under this Agreement.It is It is
F. MAINTENANCE FUNCTIONS:
A brief description of those maintenance functions delegated to the CITY are included in this section.The functions are identified by the Caltrans HM Program Codes.
-3-
or jurisdiction delegated to the STATE under this Agreement, understood and agreed that pursuant to Government Code Section 895.4 STATE shall defend, indemnify and save harmless the CITY, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to the STATE under this Agreement.
understood and agreed that pursuant to Government Code Section 895.4 CITY shall defend, indemnify and save harmless the State of California, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on 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.
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 CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the STATE under or in connection with any work, authority It is understood and agreed that neither the STATE nor any officer or employee thereof 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 The CITY shall perform only those maintenance functions delegated, as identified, in Section H (DELEGATION OF MAINTENANCE) of this Agreement.
Item #8.4.
/ /
SLOPES/DRAINAGE/VEGETATIONHM2C
This provides for cleaning, maintaining, and repairing
culverts, ditches, drains, structures,fences, curbs, •
sidewalks and other appurtenances between the roadbed and the outer highway right-of-way boundary line.It also
control. The following problems are included:
1. Sidewalks
LITTER/DEBRISHM2D
This provides for removal of litter and debris from roadway The following problems are
HM2E LANDSCAPING
This provides for watering, fertilizing, removal of shrubs, and control of weeds in planted areas.Includes trimming, The
HM4K ELECTRICAL
It also includes the electrical energy for these
1. Safety lighting only (Exhibit A)
-4-
includes weed and brush control by chemical, biological or mechanical methods, trimming and removal of trees and pest lighting,
items.
This includes maintenance work performed on highway
electrical facilities including flashing beacons, traffic signals, traffic-signal systems, safety lighting and sign removal, and spraying of trees, replacement of plants,
shrubs, and trees, and pest control in planted areas,
following problems are included:
surfaces and roadsides,
included:
The CITY shall follow the same policy and procedure
generally practiced regarding CITY sidewalks by requiring repairs and control of vegetation to be made by or at the expense of abutting owners, who are under legal obligation to perform such work.
1. Weed control
2. Pruning/thinning/removing/replacing
3. Irrigation
1. Debris/carcass pickup
2. Sweeping
3. Litter pickup
4. Spills of non-toxic substances
5. Miscellaneous
Item #8.4.
I
)
District Director. Where such lighting has been
The same principle of costtotal number of legs.
distribution shall apply to freeway interchanges.The
-5-
The STATE will not pay for the maintenance, installation, repair, servicing, nor power for ordinary street lighting; however, lighting at intersections, which qualify as safety lighting under warrants approved/accepted by the STATE, will be paid for when approved and specifically authorized by the specifically authorized, the maintenance and operating costs thereof shall be shared between the STATE and the CITY on a pro rata basis in the same ratio as the number of legs in the intersection under each jurisdiction bears to the total number of legs.
participation ratio shall be based on the ratio of the
number of legs of the respective agencies to the total
number of legs of the intersection.
The cost of maintaining traffic signals or other
electrically operated traffic control devices now in place or those which may hereafter be installed at the
intersection of any STATE highway route and any CITY
street/road shall be shared between the STATE and the CITY on a pro rata basis in the same ratio as the number of legs in the intersection under each jurisdiction bears to the Item #8.4.
)
)
G. EXPENDITURE AUTHORIZATION:
A new (Section H) will be provided
or additional expenditures for specific projects
maximum expenditure per route as hereinafter specified.An -6-
may be made, when such adjustment of expenditures for routine maintenance or such specific work is authorized in writing by the District Director or his authorized representative.
annually by the STATE for the ensuring fiscal year, if necessary, to insure equitable annual cost.
adjustment of the said maximum expenditure, either increase or decrease, shall not affect other terms of the Agreement.
Additional expenditures or adjustment of expenditures thus authorized shall apply during the fiscal year, designated therein and shall not be deemed to permanently modify or change the basic The expenditure per route for routine maintenance work as referred to above may be increased or decreased, redistributed The STATE will reimburse the CITY for actual cost of all routine maintenance work performed by the CITY as delegated under Section H of this Agreement, but it is agreed that during any fiscal year, the maximum expenditure on any route shall not exceed the amount as shown on Section H of this Agreement, unless such expenditure is revised by an amended Agreement or otherwise adjusted or modified as hereinafter provided for.
"DELEGATION OF MAINTENANCE"
between routes,
Item #8.4.
) )
H. DELEGATION OF MAINTENANCE:
The specific maintenance function indicated below (and on This delegation of
DESCRIPTION OF ROUTING
29 1.71 $
Footnotes 1, 3, 4.
128 1.31 5
Footnotes 2, 3, 4.
TOTAL AUTHORIZED EXPENDITURE $ 3,800.00
Footnotes:
-7-
LENGTH
MILES
PROGRAM
DELEGATED
HM2C
HM2D
HM4K
HM2C
HM2D
HM4K
MAXIMUM
ANNUAL
AUTHORIZED
EXPENDITURE
0.00 200.00
400.00
Foothill Boulevard from
Lincoln Avenue (Route
29) to west city limits;
a length of 1.31 miles.
maintenance function set forth herein does not include areas and functions of which the control and maintenance rest with the local authority under the terms of Freeway Agreements and/or Freeway Maintenance Agreements.
Foothill Boulevard from
city limits 3,150 feet
southeasterly of Pine
Street to Route 128 at
Lincoln Avenue, along
Lincoln Avenue from
Foothill Boulevard to
north City limits at
County Road; a length
of 1.71 miles.
ROUTE
NO.
0.00 2,000.00
1,200.00
(1) Length of street to be cleaned - 1.0 curb mile.
(2) Length of street to be cleaned - 0.1 curb mile.
(3) CITY will maintain sidewalks and shall be
responsible for any costs therein.
(4) CITY will maintain approved intersection lighting.
STATE will participate in energy costs
(See Exhibit A).
"EXHIBIT A") is hereby delegated to the CITY.
Item #8.4.
STATE OF C A L .1.1" 0 K N .1. A
DEPARTMENT OF TRANSPORTATION
EXHIBIT A DECEMBER 21 , 1992
MAINTENANCE AND OPERATION OF- ELECTRICAL EQUIPMENT
BY THE CITY OF CALISTOGA FOR CALTRANS
IN ACCORDANCE WITH MAINTENANCE AGRI ENT EFFF TIVE JULY 1,1993 RTE PM INTERSECTION EQUIPMENT RATE INT OR POLE NO UNITS % SI ATE EQUIV UNTT 29 36.89 1A PINE ST. 7OU HP O DI UM 160 1.00 AAA
29 36.94 MYRTLE ST, 4000 HP ODIUM 24,225 uu 50.0000 .1. 29 37.00 CEDAR ST. A 2000 IIP- ODI UM 2 7 7 } 0 50.0000 f 29 37.14 WASHINGTON ST. 1A 200W HP 0 DI UM 3 33 2.00 . 0000 1 29 37.23 FAIR WAY 1A 4000 HP-SODIUM 2) :> 1.00 6667
29 37.32 STEVENSON ST. 1A 400W HP-SODIUM 241 1 .00 50 ) 0 0 0 29 37.39 WAPOO ST. 1A 70W HP-SODIUM 1.00 50.0000 ri
29 37.52 BRANNAN-WAPOO 1A 70W HP ODIUM 855 1.00 50.0000 0 ( 29 37.90 LAKE ST. A 70W HP ODIUM 1.00 50.0000 11)
128 4.04 LILLIE-HIGH STS. 1A W HP DD UM 00 1.00 50.0000 0 128 4.27 SILVER STREET 1A 70W HP ODIUM 33 1.00 A A
128 4.35 BERRY STREET 1A 70W HP ODIUM 3 4 1.00 66.66
4.42128 SPRING STREET )W HP OD HIM 40 1.00 ()
128 4.50 ELM STREET 1A 200W HP 0 DI UM 1.00 66.6667
0 PAGE 1
Item #8.4.
EQUIPMENT EQU IV UNITS EQUIPMENT EQUIV UNIT :>
IF YOU HAVE ANY QUESTIONS ON TH1 EXHBIT
PLEASE CALI- DAVID LEE. ( 510 ) 4
UNNUMBERED PACE
700W MV LIGHTS
250W HP-SODIUM
400W HP-SODIUM
0.0000
0.0000
2.1667
2000 HP-SODIUM
70W HP-SODIUM
100Q HP-SODIUM
s, » o 5 5 /4.6 66 7
0.0000
SUMMA FLY
CITY OF CALISTOGA
Item #8.4.
)
1. SUBMISSION OF BILLS:
The CITY will submit bills in a consistent periodic sequence (monthly, quarterly, semiannually, or annually).Bills for less Program Code as outlined in this Agreement.Bills submitted for Equipment shall be charged at mutually acceptable rental rates and labor and material at actual cost.The CITY will be allowed to the execution of the work.Said factors and method shall be subject to approval by the STATE.
above-mentioned charges added again.An actual handling charge for processing this type of bill will be allowed the CITY.
Superintendent of that specific area.In addition, the CITY should STATE highway. Repair of equipment damaged in vehicular accidents shall be considered routine maintenance.
on a generally accepted accounting basis, complete and accurate records that support all billings.These records shall be made J. TERM OF AGREEMENT:
This Agreement may be amended or terminated at any time upon mutual consent of the parties thereto.This Agreement may also be -8-
terminated by either party upon thirty (30) days written notice to. the other party.
recover overhead and administrative costs only to the extent that such charges include applicable expenses incurred by the CITY in notify the STATE’S Highway Maintenance Superintendent for the area of any storm damage or other emergency condition affecting the available to STATE representatives for review during normal business hours for a period of three (3) years after payment of such billings.
than $500 shall not be submitted more than once each quarter.
Bills must be submitted promptly following close of corresponding billing period and should be coded according to the Caltrans HM periods prior to the last fiscal year will be deemed waived and not be honored.
Emergency and storm repairs performed by the CITY will be paid for only with prior approval of the STATE'S Highway Maintenance Maintenance services provided by contract or on a unit-rate basis with overhead costs included shall not have these This Agreement shall become effective July 1, 1993 and shall remain in full force and effect until amended or terminated.
The CITY shall maintain,
Item #8.4.
) 1
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written.
CITY OF CALISTOGA
By
./
(
7 //0
/
City ClerkCity Attorney ' \
By
2-22-23
DATE
-9-
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
JAMES W. VAN LOBEN SELS
Director of Transportation
GLENN E. BEHM
Deputy District Director
A. are f
ayor
Item #8.4.
)
RESOLUTION NO.93-4
WHEREAS, the State of California, through its Business, WHEREAS, said Maintenance Agreement has been amended this ,1993 and to remain in effect until
and
PASSED, APPROVED, and ADOPTED by the City Council of the ABSTAIN/ABSENT:None
Laverne Oyarzo,
ATTEST:
Patt Osborne, City Clerk
19th day of January
amended or terminated;
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Calistoga does hereby state that the said Agreement for Maintenance of the State Highways within the City of Calistoga is hereby approved; and
Transportation and Housing Agency, Department of Transportation, has presented an Agreement for Maintenance of the State Highways in the City of Calistoga, effective and to remain in effect until amended or terminated; and
BE IT FURTHER RESOLVED that the Mayor and the City Clerk respectively are directed to sign Agreement on behalf of the said City.
City of Calistoga at a regular meeting held this 19th day of January,1993 by the following vote:
Fundy and
Marberry.
AYES: Councilmember Trout, Mayor Oyarzo
NOES: None
WHEREAS, the City Council has heard and read said Agreement in full and is familiar with the contents thereof; and
RESOULUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA,
COUNTY OF NAPA, STATE OF CALIFORNIA APPROVING
AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE
CITY OF CALISTOGA
Item #8.4.
SRT29, 128
AGREEMENT FOR SHARING COST OF STATE HIGHWAY ELECTRICAL FACILITIES
WITH CITY OF CALISTOGA
THIS AGREEMENT is made effective this 19th day of August, 2021, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as "STATE" and the CITY of Calistoga, hereinafter referred to as "CITY" and collectively referred to as "PARTIES" This Agreement shall supersede, the agreement titled: "AGREEMENT FOR SHARING COSTS OF STATE HIGHWAY ELECTRICAL FACILITIES WITH THE CITY OF CALISTOGA", date of execution 19
th day of January 1993, at the specified locations herein.
The cost of operating and maintaining flashing-beacons traffic-signals, traffic-signal systems, safety-lighting, and sign-lighting including those now in place and those to be placed in the future at the intersection of any State Highway Route and any CITY street/road shall be shared as indicated in the written body of this document and as shown in Exhibit "A".
LINCOLN AVE AT WASHINGTON ST.
The performance and cost of maintaining and operating electrical facilities at this location on the STATE highway as shown in Exhibit A will be the responsibility of STATE.
The cost of electrical energy to operate the electrical facilities as shown in Exhibit A will be the responsibility of CITY.
The cost of electrical energy to operate the electrical facilities as shown in Exhibit A will be billed directly to CITY by the utility company.
It is agreed that monthly billings for CITY owned and maintained lighting will remain the responsibility of CITY.
FOOTHILL BLV. PETRIFIED FOREST INTERSECTION
The costof maintaining and operating electricalfacilities at this location on the STATE highway as shown in Exhibit A will be the responsibility of CITY.
The cost of electrical energy to operate the electrical facilities as shown in Exhibit A will be billed directly to CITY by the utility company.
It is agreed that monthly billings for CITY owned and maintained lighting will remain the responsibility of CITY.
Item #8.4.
Item #8.4.
Item #8.4.
SRT29, 128
IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day and year first above written.
THE CITY OF CALISTOGA
Initiated and Approved
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
TOKS OMISHAKIN
Director of Transportation
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City Attorney
f-efMichelle Marchetta Kenyon
Acting Deputy District Director
Maintenance District
8/19/2021
Item #8.4.
Item #8.4.
Item #8.4.
Item #8.4.
Item #8.4.
City ofCalistoga PSMA
04-NAP-29 PM 37.70/37.85
PROJECT SPECIFIC MAINTENANCE AGREEMENT
FOR PEDESTRIAN/BIKE PATH IN THE CITY OF CALISTOGA
THIS AGREEMENT is made effective this 2 1 day of June .20g, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as “STATE” and the CITY of CALISTOGA; hereinafter referred to as “CITY” and collectively referred to as “PARTIES".
SECTION I
RECITALS
1. WHEREAS, Encroachment Permit Number 0418-6MC1753 was submitted for the construction of a separated pedestrian/bicycle path, signs, and headwall/site retaining walls within the right of way limits of State Route (SR) 29, hereinafter referred to as “PROJECT”, and
. WHEREAS, this Agreement addresses CITY responsibility for the maintenance of PROJECT, as shown on Exhibit A, and
WHEREAS there is an existing Delegated Maintenance Agreement with CITY dated January 19, 1993, this agreement is not intended to replace or supersede said agreement.
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
SECTION II
AGREEMENT
4. 8.
Exhibit A, attached to and made a part of this Agreement, consists of plan drawings that delineate the areas within STATE right of way which are the responsibility of the CITY to maintain in accordance with this Maintenance Agreement. . If there is mutual agreement on the change in the maintenance duties between PARTIES, the PARTIES can revise Exhibit A by a mutual written-execution 0f the exhibit. . The degree or extent of maintenance work to be performed, and the standards therefore, shall be in accordance with the provisions of Section 27 of the Streets and Highways Code and the then current edition of the State Maintenance Manual. . CITY must obtain the necessary Encroachment Permits from STATE’s District 4 Encroachment Permit Of?ce prior to entering STATE right of way to perform CITY maintenance responsibilities. This permit will be issued at no cost to CITY.
HEADWALL/SITE RETAINING WALL ~
8.1. CITY will maintain, at CITY’S expense, the entire structure of the headwall/site retaining wall.
Item #8.4.
9. 10.
ll.
12. 13.
City of Calistoga PSMA
04-NAP-29 PM 37.70/37.85
8.2. CITY isresponsible for debrisremoval,cleaning and paintingto keep CITY ‘5 side of any headwall/site retaining wall structure free of debris,dirt, and graf?ti.
LANDSCAPED AREAS - CITY is responsible for the maintenance of any plantings or other types of roadside development lying outside of the area reserved for exclusive State use.
PEDESTRIAN/BICYCLE PATHS - CITY will maintain, at CITY expense, a safe facility for pedestrian/bicycle travel along the entire length of the path by providing sweeping and debris removal when necessary; and all signing and striping, and pavement markings required for the direction and operation of that non-motorized facility. If constructed as permitted encroachments within STATE’s right of way, permittee is solely responsible for all path improvements, all fences, guard railing, drainage facilities, driveways, slope and structural adequacy of any pedestrian/bicycle path located and constructed within STATE's right of way.
SIGNS — CITY shall maintain City installed pathway signs placed or immediately adjacent to path for the purpose of warning or regulating path traf?c.
LEGAL RELATIONS AND RESPONSIBILITIES
12.1. Nothing within the provisions of this Agreement is intendedto create duties or obligations to or rights in third parties not parties to this Agreement or to affect the legal liability of a PARTY to the Agreement by imposing any standard of care with respect to the operation and maintenance of STATE highways and local facilities different from the standard of care imposed by law.
12.2. Neither CITY nor any officer or employee thereof isresponsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by, under or in connection with any work, authority or jurisdiction conferred upon STATE under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all of their of?cers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement.
12.3. Neither STATE nor any of?cer or employee thereof is responsible for any injury, damage or liabilityoccurring by reason of anything done or omittedto be done by CITY under or in connection with any work, authority or jurisdiction conferred upon CITY under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of its of?cers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement.
PREVAILING WAGES:
Item #8.4.
14. 15.
16. City of Calistoga PSMA
04-NAP-29 PM 37.70/37.85
13.1. Labor Code Complianc — If the work performed under this Agreement is done under contract and falls Withinthe Labor Code section 1720(a)(1) de?nition of a "publicworks" in that it is construction,alteration,demolition, installation, or repair; or maintenance work under Labor Code section 1771. CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its contracts for public work. Work performed by CITY‘S own forces is exempt from the Labor Code's Prevailing Wage requirements.
13.2. Requirements in Subcontract — CITY shall require its contractors to include prevailing wage requirements in all subcontractsfundedby this Agreement when the work to be performed by the subcontractor is a "public works" as de?ned in Labor Code Section 1720(a)(1)and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts.
INSURANCE:
14.1. SELF-INSURED ~ CITY is self-insured. CITY agrees to deliver evidence of. self-insured coverage providing general liability insurance, coverage of bodily injury liability and property damage liability, naming the STATE, its of?cers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 mill-ionin aggregate and $5 million in excess. Coverage shall be evidenced by a certi?cate of insurance in a form satisfactoryto the STATE that shall be delivered to the STATE with a signed copy of this Agreement.
14.2. SELF-INSURED using Contractor — If the work performed under this Agreement is done under contract CITY shall require its contractors to maintain in force, during the term of this agreement, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming the STATE, its of?cers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess.
Coverage shall be evidencedby a certi?cate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement.
TERMINATION - This Agreement may be terminatedby timelymutualwritten consent by PARTIES, and CITY’S failure to comply with the provisions of this Agreement may be grounds for a Notice ofTermination by STATE.
TERM OF AGREEMENT- This Agreement shall become effective on the date ?rst shown on its face sheet and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the PARTIES or until terminated by STATE for cause.
Item #8.4.
City ofCalistoga PSMA
04»NAP-29 PM 37‘70/37.85
PARTIES are empowered by Streets and Highways Code Section 114 and 130 to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement.
IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and year ?rst above written.
THE CITY OF CALISTOGA STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
LAURIE BERMAN
Mayor Canning Director of Transportation
Initiated and Approved
By'm B: My (p27/7
Acting City Manager, Michael Kirn AVID AMBUEHL
eputy District Director
Maintenance District
ATTEST:
As to Form and Procedure:
. By:
City Attorney Attorney
Depaltment of Transportation
Item #8.4.
RESOLUTION2019-003
RESOLUTIONOF THE CITYCOUNCIL OF THE CITYOF CALISTOGA,COUNTYOF
NAPA, STATE OF CALIFORNIA,AUTHORIZINGTHE
CITYMANAGER TO EXECUTECAL TRANSMAINTENANCE
AGREEMENTSFOR PATHWAYS ON STATE HIGHWAY RIGHTS OF WAY
WHEREAS, the CityCouncil ofthe City of Calistoga supports the construction of the planned 47 mileVine Trail Pathway from Calistoga to American Canyon and eventually terminating at the Vallejo Ferry; and
WHEREAS, the CityCouncil of the City of Calistoga anticipates certain developments on LincolnAvenue willbe conditioned to construct portions of the Vine Trail Pathway, or other pathways, along their LincolnAvenue frontages, or other State Highway Rights of Way; and
WHEREAS,the proposed pathways and there on-going maintenance advances the CityCouncil's goals to improve all forms of transportation, including active transportation such as walking and cycling; and
- WHEREAS, the CaliforniaDepartment of Transportation requires as a condition of approval to construct the desired pathways in State Right of Way, that Project Specific Maintenance Agreements be entered into to ensure that the pathways are adequately maintained; and
WHEREAS,maintenance activities are categorically exempt per the California Environmental QualityAct pursuant to Title 14, the CaliforniaCode of Regulations, Section 15302(c).
NOW, THEREFOREBE ITRESOLVEDthat the CityCouncilofthe CityofCalistoga hereby authorizes the CityManager to execute Project SpecificAgreements, insubstantial conformance withthe attached draft agreement, forpathways on State Rights OfWay, and specifically State Routes 29 and 128.
BE IT FURTHERRESOLVEDthat the Public Works Department is authorized to apply to Caltrans for encroachment permits as necessary for pathway construction.
Item #8.4.
PASSED, APPROVED, ANDADOPTED by the CityCouncil ofthe Cityof Calisloga at a regular meeting held this 15th day of January. 2019, by the following vote:
AYES: Councilmembers Kraus, Lopez-Ortega and Williams, Vice Mayor Dunsford and Mayor Canning
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
c RIS CANNINGQ Mayor
ATTEST:
. \A ‘_ MELIS A VELASUEZ,neputy City Clerk
Item #8.4.
STATE OF CALFORNIA
COUNTY OF NAPA
CITY OF CALISTOGA
I, IRENE CAMACHO-WERBY, City Clerk of the City of Calistoga, do hereby certify that the attached is a true and correct copy of Resolution No. 2019-003; RESOLUTION of the City Council of the City of Calistoga, County of Napa, State of California, Authorizing the City Manager to execute CAL TRANS maintenance agreements for pathways on state highway rights of way.
IN WITNESS WHEREOF, I have hereto set my hand and the of?cial seal of the City of Calistoga on this a?b day of 374me, , yearj 01—?
acho—Werby,City Clerk
City of Calistoga
AFFIXED SEAL:
Item #8.4.
Established 1986
I:7; {1310]
PUBLICAGENCYRISKSHARING
AUTHORITYOF CALIFORNIA
ADDITIONAL COVERED EARIY
Califomia Department of Transportation
District 4
PO Box 23660
Oakland, CA 95623-0660
Re: EVIDENCE OF COVERAGE & ADDITIONAL C VERED PARTY ENDORSEMENT AS RE UIRED BY AGREE nENT OR CONTRACT; #13—626-CA
Only as respects to Agreement No. 04-NAP-29PM 3170/3735 between the State of Cai?ornia Department of Transportation and the City of Calistoga for Pedestrian/Bike Paths Please be advisedthat the City of Calistoga participatesin PARSAC, the Public Agency Risk Sharing Authority of California As such, it is collectively and pennissibly self-insured under Sections 990.4 and 990.8 of the California Government Code. The speci?cs of the self-insuredprogram are listed below:
COVERAGE YEAR: July I, 2018 ~ July I, 2019
- GeneralLiability including Automobile Liability
- Public Of?cials Errors & Omission
Limit:$1,000,000 per occurrence group self-insurance
Occurrence Retention: $10,000
CONDITIONS OF THIS ADDITIONAL COVERED PARTY ENDORSEMENT Effective Date: May 21, 2019 Expiration Date: July I, 2019 The coverage afforded as described above is subject to all terms, exclusions, conditions,de?nitions, and other provisions of the Public Agency Risk Sharing Authority of California‘sLiability Memorandum of Coverage. The coverage is afforded hereunder only where City of Calistoga is required by agreement or contract to name California Department of Transportation as Additional Covered Party.
If the City of Calistoga isrequired by agreement or contract to name California Department of Transportation as an Additional Covered Party and the agreement or contract requiresthe coverage provided to the AdditionalCovered Party to be primary, then the coverage provided by this endorsement shall be primary. In all other events, if collectible insurancewith any insurer, coverage with any other joint powers authority or other self-fundingmechanism is available to the Additional Covered Party named above covering a lossto which the PARSAC Memorandum of Coverage applies (whether on a primary, excess or contingent basis), the coverage of this Memorandumshall be in excess of, and shall not contributewith such other insuranceor coverage; provided that this clause does not apply with respect to excess insurance or coverage purchased speci?cally to be in excess of such Memorandtnn. The bankruptcy of, insolvency of, or placement into rehabilitationor receivership by any regulatory agency of any joint powers authority or insurance company providingjoint powers authority protection or insurance coverage to the Additional Covered Party, named above, shall not amend the application of this condition.
This Endorsementdoes not apply to liability arising out of the sole negligence of the AdditionalCovered Party named above.
Coverage is in effect as stated above and will not be cancelled except upon 30 days written notice to the Additional Covered Party. .
7 May 21, 2019
7 Kin ng, ARM
Risk Manager
cc: Gloria Leon, City of Calistoga Form Revised 609/15
1525 Response Road, Suite One, Sacramento, CA 958154803 Phone (916) 92777727 Facsimile (916) 92773075 www.parsac.org Item #8.4.
CITY QlF CAUST©GA
1232 Washington Street ' Calistoga,CA 94515
Telephone 7070422828 7 Public \Votks Dept.
Fax 707-942-9472
WV.ci.calistoga.c2\.us
May 22, 2019
Mr. Waddah Al—Zireeni
Senior Transportation Engineer
Caltrans
Maintenance Agreements Unit, MS—4A
P. O. Box 23660
Oakland, CA 94623-0660
RE: Project Specific Maintenance Agreement for Pedestrian/Bike Path in the City of Calistoga — Excess Insurance
Dear Mr. AI-Zireeni:
Please find enclosed four (4) signed original agreements for the above-mentioned project related to Encroachment Permit Number O418-6MC1753. Also enclosed is evidence of $1 million in insurance coverage and additional covered party endorsement as required by the agreement.
The City is Self—Insuredand agrees to deliver evidence of $2 million in aggregate and $5 million in excess coverage upon receipt of the fully executed and dated agreement.
Thank you for your consideration.
Sincerely,
//7 /7 1/, /;/r:.,.’<.——s
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/GlcriaLeon LD/irector of Administrative Services
City of Calistoga
Item #8.4.
EXHIBIT “A”
(Plan map identifyingthe applicable STATE Routes (Freeway proper) and CITY/COUNTY road(s) and facilities)
Item #8.4.
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Item #8.4.
Amendment No. 1
04-NAP729 PM 3752/3735
. AMENDMENT NUMBER 1 T0
PROJECT SPECIFIC MAINTENANCE AGREEMENT
BETWEEN THE STATE OF CALIFORNIA
AND THE CITY OF CALISTOGA
This Amendment Number 1 to the Project Speci?c Maintenance Agreement identi?ed below (AMENDMENT), entered into and effective on , is between the State of California, acting by and through the Department of Transportation, hereinafter referred to as (“STATE”), and City of Calistoga, a municipal corporation, hereina?er referred to as (“CITY”), acting by and through its Mayor. CITY and STATE together are hereafter referred to as “PARTIES”.
RECITALS:
1. PARTIES, entered into an agreement on June 27, 2019, entitled ”Project Speci?c Maintenance Agreement" hereafter referred to as (“AGREEMENT”), AGREEMENT defined the terms and conditions applicable to CITY’s maintenance duties of a separated path, signs, and headwall/site retaining wall within STATE right of way along State Route (SR) 29, as shown in Exhibit “A” of AGREEMENT.
2. AGREEMENT by its terms provides that it may be modi?ed and amended at any time upon mutual consent ofthe PARTHES.
3. The purpose of this AMENDMENT is to assign and expand the maintenance responsibilities of extending a segment of multi-use path from Calistoga Motor Lodge to the existing sidewalk at the Brannan Street intersection as part of Vine Trail Pathway.
4. PARTIES to amend AGREEMENT as provided herein.
IT IS THEREFORE MUTUALLY AGREED:
5, EXHIBIT ”A" is hereby deleted and replacedby EXHIBIT ”A" (REVISION 1).
6. All other terms and conditions of AGREEMENT shall remain in full force and effect.
7. AMENDMENT is hereby deemed to be included and made a part of AGREEMENT.
Item #8.4.
Amendment No. 1
O4—NAP—29PM 3752/3735
IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day and yea: ?rst above written
THE CITY OF CALISTOGA STATE OF CALIFORNIA
nFPARTMENT 0F TMNSPORTATON
By
Iuin'ated and Approved:
By: _ _ By:
Lama ouAucumu, w, xuaunsnn Leah Budu Date
Deputy District Director
Maintenance
ATTEST:
By:
By:
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Item #8.4.
RESOLUTION NO. 2023-062
ADOPTEDAUGUST 15.2023
RESOLUTION OF THE CITYCOUNCILOF THE CITYOF CALISTOGA,COUNTYOF
NAPAISTATE OF CALIFORNIA,AUTHORIZINGTHE CITYMANAGERTO EXECUTE AMENDMENTNO. 1 TO THE CALTRANSMAINTENANCEAGREEMENTFOR PATHWAYS
INTHE STATE HIGHWAY RIGHT-OF-WAY
WHEREAS, the City Council of the City of Calistoga supports the construction of the planned 47—mileVine Trail Pathway from Calistoga to Vallejo; and WHEREAS, the City Councilof the City of Calistoga anticipates certain developments on Lincoln Avenue will be conditioned to construct portions of the Vine Trail Pathway, or other pathways. along their LincolnAvenue frorrtages; and
WHEREAS, the proposed pathways and there on-going maintenance advances the City Council's goals to improve all forms of transportation, including active transportation such as walking and cycling; and
WHEREAS, the California Departmentof Transportation requires as a conditionof approval to construct the desired pathways in State Highway Right-of-Way, that a Maintenance Agreement be entered intoto ensure that the pathways are adequately maintained; and WHEREAS, CityCouncil passed Resolution No. 2019-03 Authorizing the City Manager to sign the MaintenanceAgreement withCaltrans for the section of Vine Trail along Motor Lodge; and
WHEREAS, the city entered into a Maintenance Agreement with Caltrans for the construction of the pathway along the MotorLodge that was completed in 2020; and WHEREAS, the LincolnApartmentswere also conditionedto complete the remainder ofthe pathway along their frontage and connect the existing pathway at LincolnAvenue and Brannan Street Intersection; and
WHEREAS,Caitrans has requested the MaintenanceAgreement to be amended to include the new section priorto issuing an encroachment permit for construction; and WHEREAS,sta?' recommends the City Council authorize the CityManager to execute the Amendment No.1 to the Agreement on behalf of City of Calistoga; and WHEREAS, maintenance activities are categorically exempt per the California Environmental Quality Act pursuant to Title 14. the CaliforniaCode of Regulations, Section 153020;); and
WHEREAS, there willbe a nominal cost to maintain pathways. Maintenance to be completed using existing and future street maintenance appropriations.
Item #8.4.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGADOES HEREBY?nd the following:
1. Authorizesthe CityManager to execute Amendment No.1to the Caltrans Maintenance Agreement for pathways in the State Highway Right-of—Wayon behalf of the City of Calistoga.
PASSED, APPROVED AND ADOPTEDthis 15" day of August 2023. I, YUDIANA GALVAN.INTERIMCITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolutionwas introducedand passed at a regular meeting ofthe CelistogaCity Council by the followingroll call vote:
AYES: Councilmemhon Eisenberg, Cooper and Gift.Vice Mayor Lopez-Ortega and Mayor Williams
NOES:
ABSTAIN:
ABSENT:
ATI'EST: APPROVED:
.
‘ 7_/ v . Z :—
Yud‘ na Galvan, City Clerk uonmo mmarns, Mayor
Item #8.4.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Mitch Celaya, Assistant City Manager
Meeting: City Council - Dec 03 2024
Subject: Discussion on Local Control of Lincoln Avenue/Hwy 29 Sidewalks AGENDA TITLE:
Discussion on Local Control of Lincoln Avenue/Hwy 29 Sidewalks RECOMMENDATION:
Consider Discussing the Item and Providing Staff Direction SUMMARY:
Lincoln Avenue is a state highway, Highway 29. As a result, Caltrans has sole ownership and responsibility for the right-of-way all along Lincoln Avenue. This right-of-way extends from building face to building face which includes the sidewalks on both sides of the street. Caltrans prohibits all commercial uses on sidewalks within their jurisdiction. This includes the placement of any objects on the sidewalk. The city does not have the authority to regulate or enforce sidewalk use violations such as business activities or the use of tables, chairs, planters, or advertising occurring on the sidewalk. Physical objects on the sidewalk not only violate Caltrans' policy prohibiting commercial activities but can pose pedestrian safety issues pertaining to ADA and health & safety issues such as tripping hazards. These have been the source of complaints to the city by both community members and businesses. As the city is unable to apply its municipal code, the city has been perceived as unresponsive to complaints. This effect is compounded as Caltrans does not seem to have the bandwidth to enforce violations or address complaints, leaving complainants frustrated as well as not addressing a potential safety issue. In addition, at times businesses will take advantage of the situation and conduct unregulated activities which the city is unable to address and Caltrans unable to manage.
Following the removal of the parklets and discussions about code enforcement along Lincoln Avenue, the City Council directed staff to look into how the City could obtain more local control over the sidewalks. By managing the use of the sidewalks, the city could better support businesses by implementing and ensuring consistent safe use of the sidewalks, create a vibrant and economic sustainable downtown, address complaints, and be consistent in applying the city's municipal code to include Lincoln Avenue.
This report summarizes the work done and information collected to date following the City Council's direction.
ANALYSIS:
In trying to determine what options are available for additional local control, Staff met with representatives from Senator Dodd's office and Assemblywoman Curry's office and had multiple Item #8.4.
discussions with Caltrans, including with District Branch Chief Jim Bozionelos of the Division of Right Away. Staff then explored several options to achieve some level of local control including the ability to approve, regulate, and enforce activities on the Lincoln Avenue/Hwy 29 sidewalks.
Legislative Option
Originally staff understood it would take legislative action to make any changes. It was believed that to extend an "air lease" option to sidewalks that Caltrans currently uses for parks and roadways would require a legislative change. This would be a lengthy process that would take more than a year to accomplish with the help of both of Calistoga's State-elected officials, city staff, city council, and Caltrans to lead and carry this through the state legislative process.
After consultation with District Branch Chief Bozionelos, he believes there is no need for a legislative change as the proposal is not in conflict with any state law or policy. Since there is no expressed prohibition to prevent Caltrans from contracting with the city to manage the sidewalks, and since the city currently has agreements with Caltrans that allow the city to issue encroachment permits to perform general maintenance, Branch Chief Bozionelos believes that a non-legislative approach involving support from our state legislators advocating for Caltrans to enter into an agreement with the city to manage the sidewalks and relieve Caltrans of the management burden is a viable solution. See "Lease Option."
Ownership Option
Questions have been asked about the city taking ownership in fee title and therefore full responsibility of the sidewalks. This has been done in St. Helena.
The ownership option provides the city control of all aspects of the sidewalks. This includes regulating and enforcing uses as well as the financial liability of maintaining and repairing the sidewalks and the liability for potential trip and fall hazards.
The condition of Lincoln Avenue sidewalks varies widely from some areas needing immediate repair or replacement to being in good condition (see attached photos). An assessment of the total sidewalk condition was not conducted as it would require a substantial investment to engage an engineer and could not be accomplished in a timely manner. To give an anecdotal example of potential costs to repair and replace portions of a sidewalk, the City of St. Helena is paying approximately $2.5 million dollars for the design and construction cost to repair 650 linear feet of sidewalk on Main Street between Pine Street and Adams Street (one block). This project consists of resetting pavers, new trees, new curb/gutters, and similar work. This cost equates to approximately $4,000 per linear foot of the sidewalk. The reason for St. Helena's project was to repair and reset pavers contributing to an uneven sidewalk and creating a pedestrian hazard. Applying this dollar amount to the approximately 3,315 linear feet of sidewalk between Foothill and Brannon Street would equate to $13,260,000 ($13.2M) to do similar work in Calistoga.
Taking on the current conditions of the Lincoln Avenue sidewalk is likely to require some immediate repairs or replacement of portions of the sidewalk to address potential trip and fall issues (see attached photos). Routine maintenance would also be added to Public Works duties. The repairs and replacement of the Lincoln Avenue sidewalk would most likely be complicated by infrastructure located under the sidewalk such as PG&E utility lines, sewer laterals, and other utilities that feed the individual businesses.
For any and all sidewalk work, all general law cities rely on the Street Highway Code (SHC) that requires the adjacent property owner to take on maintenance, repair, and liability costs. (See attached California Legislative text on Streets and Highway Code Division 7 Part 3 Chapter 3 Item #8.4.
Maintenance of Sidewalks Article 2 Repairs Sections 5600 - 5618). Staff would expect significant opposition to this responsibility from local businesses and property owners. If the city council (current or future) is unwilling to impose the financial requirements on the property owners, there is currently no other dedicated funding source and, like St. Helena did, the city would have to take on this financial burden and take funding from the General Fund.
Status Quo Option
A third option would be to continue the status quo. The city would continue to maintain its existing control of signage attached to buildings and some types of encroachment permits, generally for underground utility repairs and building maintenance that require such permits, such as scaffolding.
Peer pressure, staff requests, and voluntary help from the Chamber of Commerce could be utilized to achieve the "look and feel" of the downtown that the community wishes to see. Caltrans would continue to have the legal authority to address many complaints.
Lease Option
Staff met with representatives from Senator Dodd's office, Assemblywoman Curry's office, and Caltrans to explore the possibility of a lease agreement with Caltrans that would offer the city the ability to regulate and enforce uses and furnishings on the sidewalks within Caltrans' right of way.
Should the city be able to lease the sidewalk, or portions of the sidewalk, the city would look to create and implement a program where businesses can, through a Conditional Use Permit (CUP) process, establish certain uses on the Lincoln Avenue sidewalks. The city's ability to establish and implement a CUP process would ensure the appropriate paths of travel are retained, address complaints and safety issues, apply the municipal code to the Lincoln Avenue sidewalks, and support Lincoln Avenue businesses through consistent regulations and enforcement.
Currently, Caltrans has an "air lease" program for parks and roadway right-of-way. We are told it has not been used for sidewalks in any jurisdiction. It is this program that we would ask Caltrans to use for negotiating a lease for the Lincoln Avenue sidewalks. It is unknown how the lease rate would be established or if the city could subsequently recover costs from businesses wishing to use the space. Therefore, there is still much to consider regarding the specifics and there may be a need to return again to the city council for additional direction in the future. However, if successful, Calistoga would be a leader in establishing such a process.
To achieve this, staff would still need to engage with our state elected officials to urge Caltrans to make time to negotiate an agreement to allow the city to manage the Lincoln Avenue sidewalks. It will take staff time from multiple departments and city attorney time for which we will not be reimbursed.
Recommended Option
City staff recommends the limited lease agreement that addresses the city council's interest in local control including the ability to regulate and conduct code enforcement activities in the Lincoln Avenue/Hwy 29 sidewalk right-of-way with the least possibly amount of risk and cost exposure to the city.
FINANCIAL IMPACT:
Staff time, potentially considerable staff time, may be necessary depending on the direction received from the City Council. Should the city council direct staff to continue work on a lease option, both staff and city attorney time will be necessary. The project is not expressly budgeted. In addition, should the city have increased control of the sidewalks, significant staff and city attorney time may Item #8.4.
be necessary to work with local businesses on their use of the sidewalks (including creating formal agreements) and conduct code enforcement activities.
CEQA STATUS:
Not Applicable
ATTACHMENT(S):
Lincoln Avenue Sidewalk Pictures 112124
California Street and Highway Code 5600 tol 5618
Lincoln Avenue Sidewalk Report 120324 (002)
APPROVAL(S):
Connie Cardenas, Admin. Services Director Approved - Nov 22 2024 Laura Snideman, City of Calistoga | City Manager Approved - Nov 26 2024 Yudiana Galvan, City of Calistoga | City Clerk Approved - Nov 26 2024 Item #8.4.
LINCOLN
AVENUE
SIDEWALK
Conditions
Item #8.4.
LINCOLN
AVENUE
SIDEWALK
Code Enforcement
Examples
Item #8.4.
Wm
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EPA
STREETS AND HIGHWAYSCODE - SHC
DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] (Division 7 added by Stats. 1941, Ch. 79. ) PART 3. PERFORMINGTHE WORK [5100 - 5954] (Part 3 added by Stats. 1941, Ch. 79.) CHAPTER 22. Maintenance of Sidewalks [5600 - 5630] (Chapter 22 added by Stats. 1941, Ch. 79. ) ARTICLE 2. Repairs [5610 - 5618] (Article 2 added by Stats. 1941, Ch. 79. ) relation thereto.
(Added by Stats. 1941, Ch. 79.)
The owners of lots or portions of lots fronting on any portion of a public street or place when that street or place is improved or if and when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip, shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property and maintain it in a condition which will not interfere with the public convenience in the use of those works or areas save and except as to those conditions created or maintained in, upon, along, or in connection with such sidewalk by any person other than the owner, under and by virtue of any permit or right granted to him by law or by the city authorities in charge thereof, and such persons shall be under a like duty in §610.
When any portion of the sidewalk is out of repair or pending reconstruction and in condition to endanger persons or property or in condition to interfere with the public convenience in the use of such sidewalk, the superintendent of streets shall notify the owner or person in possession of the property fronting on that portion of such sidewalk so out of repair, to repair the sidewalk. (Added by Stats. 1941, Ch. 79.}
Notice to repair may be given by delivering a written notice personally to the owner or to the person in possession of the property facing upon the sidewalk so out of repair, or by mailing a postal card, postage prepaid, to the person in possession of such property, or to the owner thereof at his last known address as the same appears on the last equalized assessment rolls of such city or to the name and address of the person owning such property as shown in the records of the office of the clerk. (Added by Stats. 1941, Ch. 79.)
The postal card shall contain a notice to repair the sidewalk so out of repair, and the superintendent of streets shall, immediately upon the mailing of the notice, cause a copy thereof printed on a card of not less than 8 inches by 10 inches in size, to be posted in a conspicuous place on the property. In lieu of posting a copy of the mailed notice on the property as provided in this section, the superintendent of streets may, not less than seven days nor more than 10 days after the mailing of the first postal card notice, mail an additional postal card, postage prepaid, marked “Second Notice,” to the person to whom the first postal card notice was addressed. The second notice shall otherwise contain the material required by this article, but shall not extend the time for commencing repairs specified in Section 5614.
(Amended by Stats. 1969, Ch. 211.)
§613.
The notice shall particularly specify what work is required to be done, and how it is to be done, and what materials shall be used in the repair and shall further specify that if the repair is not commenced within two weeks after notice is given and diligently and without interruption prosecuted to completion, the superintendent of streets shall make such repair, and the cost of the same shall be a lien on the property. (Amended by Stats. 1953, Ch. 798.)
§614yl
Item #8.4.
The legislative body may adopt a resolution determining that bonds shall be issued and assessments collected and enforced pursuant to Part 5 of this division. In such event, the notice to repair shall specify that bonds shall be issued to represent the security of the unpaid assessments, payable over a period of not to exceed six years, and shall further recite a maximum rate of interest to be paid on the indebtedness, which shall not exceed 7 percent a year, payable semiannually.
(Amended by Stats. 1968, Ch. 986.)
If the repair is not commenced and prosecuted to completion with due diligence, as required by the notice, the superintendent of streets shall forthwith repair the sidewalk. Upon the written request of the owner of the property facing the sidewalk so out of repair, as ascertained from the last equalized assessment roll of the city, or as shown in the records of the office of the clerk, the superintendent may repair any other portion of the sidewalk fronting on the property that is designated by the owner. The superintendent shall have power to prescribe the form of the written request. The cost of repair work done by request pursuant to this section shall be a part of the cost of repairs for which, pursuant to this chapter, subsequent notices are given, hearings held and assessment and collection procedures are conducted.
(Amended by Stats. 1963, Ch. 648.)
Upon the completion of the repair, the superintendent of streets shall cause notice of the cost of the repair to be given in the manner specified in this article for the giving of notice to repair, which notice shall specify the day, hour and place when the legislative body will hear and pass upon a report by the superintendent of streets of the cost of the repair together with any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of such repair and any other interested persons. If bonds are to be issued, the notice shall also contain the information required by Section 5614.1. (Amended by Stats. 1967, Ch. 615.)
Upon the completion of the repair, the superintendent of streets shall prepare and file with the legislative body a report specifying the repairs which have been made, the cost of the repairs, a description of the real property in front of which the repairs have been made and the assessment against each lot or parcel of land proposed to be levied to pay the cost thereof. Any such report may include repairs to any number of parcels of property, whether contiguous to each other or not.
(Added by Stats. 1941, Ch. 79.)
Upon the day and hour fixed for the hearing the legislative body shall hear and pass upon the report of the superintendent of streets, together with any objections or protests which may be raised by any of the property owners liable to be assessed for the work of making such repair and any other interested persons. Thereupon the legislative body may make such revision, correction or modifications in the report as it may deem just, after which, by motion or resolution, the report as submitted, or as revised, corrected or modified, shall be confirmed. The legislative body may adjourn the hearings from time to time. The decisions of the legislative body on all protests and objections which may be made, shall be final and conclusive. (Added by Stats. 1941, Ch. 79.)
Item #8.4.
1 Lincoln Avenue/Hwy 29
Sidewalks
City Council Meeting
December 3, 2024
Item #8.4.
2 Current Status
• Lincoln Avenue is a State Highway
• Caltrans has sole ownership and
responsibility from building face to building
face
• Caltrans does not allow any commercial
activities or any use on their sidewalks
• City has no authority to apply or enforce our
municipal code on the sidewalks; limited
authority for signage and encroachment
permits
Item #8.4.
3 Options
• Legislative Option • Ownership • Status Quo • Lease Agreement Item #8.4.
4 Legislative Option
• No conflict with state law or policy to prohibit
Caltrans to enter into a lease agreement.
• Legislative option is more than a year process
• Can pursue a non-legislative solution
Item #8.4.
5 Ownership Option
• City would assume responsibility for all aspects of
the sidewalk to include:
• Repair and Maintenance – $$$$$
• ADA compliance – $$$
• Liability for potential trip and fall issues – $?$?$?$ • Ability to regulate, enforce violations, and address
complaints – $
Item #8.4.
6 Status Quo
• Refer complaints to Caltrans
• Rely on persuasion related to the “look and feel”
of downtown
Item #8.4.
7 Lease Agreement Option
• Limited lease agreement to allow:
• Application of the Municipal Code
• Regulate and manage activities on the sidewalk
• Enforce code enforcement violations
• Regulate activities through a Conditional Use
Permit (CUP)
Item #8.4.
8 Recommended Action
Pursue the Lease Agreement option
Item #8.4.
City of Calistoga Sidewalk Trip Hazard Repair Program
October 201 1
1. Pumose.The sidewalk system is a vital component of the city’s infrastructure.
Sidewalks serve as pedestrian highways and are used for trips to schools, stores, bus stops, and parks. They are in themselves a recreational facility, used for leisurely walks and exercise runs.
Walking reduces congestion and pollution, and promotes friendly neighborhoods and healthy lifestyles. Calistoga7s sidewalk trip hazard repair program is intended to minimize potential trip hazards caused by cracked and damaged sidewalks. This process aids in preventing accidents, such as trip and fall incidents. This program also insures that the City’s sidewalks are open and accessible to all persons. The purpose ofthis document is to establish a policy and procedures to insure the execution of sidewalk trip hazard inspection and repairs.
2. Scope. This program is applicable to all areas with existing sidewalks in the public rightof-way within the City of Calistoga incorporated boundaries and will apply to other sidewalks in the public right-of—waythat may be built. It includes those responsibilities and procedures necessary to adequately inspect and repair sidewalk trip hazards.
3. References.
3.1. Codes, Regulations. The California Streets and Highway Code 5610 et seq. and the City ofCalistoga Municipal Code (CMC) Chapter 12.10.020 require that owners oflots or portions of lots fronting on any portion of a public street shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property and will not interfere with the public’s use ofthose areas.
3.2. Standards. The City of Santa Rosa Design and Construction Standards, adopted by the City of Calistoga, provide the requirements for construction and repair of new and replacement sidewalks.
4. De?nitions.
4.]. Trip l-lazards. Sidewalks with a crack, fracture, hole, gap, or other break resulting in:
0 Vertical displacements between adjacent portions of the sidewalk greater than 1/2 ofan inch;
0 Horizontal joints with a gap greater than 3/4 of an inch; I Other defects such as holes deeper than 1/2 of an inch and settlement or displacement resulting in slopes greater that 20%; and/or with standing water deeper than 3/4 ofan inch may also be considered a trip hazard.
4.2. Categorization 0f Sidewalk Trip Hazards.
4.2.1 Minor Trip Hazards are those with a vertical displacement ofless than
1.75 inches.
Calistoga Trip Hazard Repair Program Attachment "D" Page 1 of3 Item #8.4.
4.2.2 Remove and Replace (R&R) Trip Hazards are those with a vertical displacement greater than or equal to 1.75 inches, requiringthat the entireconcrete sidewalk section be removed and replaced.
4.2.3 Hole Trip Hazards are those with deeper than 1/2 of an inch and settlement or displacement resulting in slopes greater that 20%; and/or with standing water deeper than 3/4 of an inch, or horizontaljoints with a gap greater than 3/4 of an inch may also be considereda R&R trip hazard.
4.3. Owner. The term “Owner” includeswithoutlimitation,the fee owner(s) of real property, or their agent(s).
5. Order of Work. The Public Works Director or designee shall determinethe schedule, staging, and/0r prioritization for performing sidewalk trip hazard inspection and repair work covered by this program based upon, but not limited to, these factors: severity of safety hazards; volume of pedestrian traf?c; proximityto downtown businesses, proximity to schools; and availability of City resources.
6. Duty of Property Owner to Regir Sidewalk Trip Hazards. In accordance with California Streets and Highway Code 5610 et seq. and the City of Calistoga Municipal Code Chapter
12.10.020, owners of lots or portions of lots fronting on any portion of a public street shall maintain any sidewalk in such conditionthat the sidewalk will not endanger persons or property and will not interfere with the public’s use of those areas.
7. Sidewalk Trip Hazard Inspection Procedures.
7.1. Inspection. Inspecting the City’s sidewalks is necessary to observe and report defective conditions to minimize potential trip hazards to residents and visitorsof the City.
Historically, the City has not inspected sidewalks for trip hazards. The City will contract with a quali?ed contractor to performtrip hazard inspection.
7.2. Phasing of Inspection. All sidewalks will be inspected on a prioritized and phased approach. Additionally, other inspections will be made as needed to respond to servicerequest and/or other reports of sidewalk failures.
7.3 Repair of MinorTrip Hazards during Inspection. Under this trip hazard inspection and repair program, minor trip hazards that are identi?ed by the inspection contractor shall be repaired by the City, using a saw cut method. No further action is required of the fronting property owner for such minortrip hazard repairs.
7.4. Reporting/Documentation. Inspection personnel shall visually observeR&R trip hazards, take ?eld measurements, and record pertinent data that includesbut is not limitedto:
Date of Inspection, Severity of Trip Hazard, Location, Probable Cause, and Recommended Repair, and Assumed Responsible Party. Pictures shall be taken of all trip hazards classi?ed as R&R Trip Hazards.
8. Remove and Replace {R&R} Trip Hazard Repair.
Callstoga Trip Hazard Repair Program Page 2 of 3
Item #8.4.
8.1. A correction notice is provided to the property owner for those items for which he/she is responsible in accordance with this policy. The property owner may perform required R&R trip hazard repairs or hire the services of a licensed contractor. In either case, the property owner is required to obtain an encroachment permit from the City for any R&R repairs in the public right-of—way. The City shall put the property owner on notice to implement the R&R repair within a certain time period.
8.2 The written correctionnotice shall offer the property owner a 50/50 cost share with the City for each R&R trip hazard repair, up to a maximumof$1,000 in City cost share per parcel. The cost share shall be granted on a first-come, first-served basis, until available budgeted sidewalk repair funds are exhausted. Cost share reimbursement shall only be provided for receipted work by a licensed contractor. Owner—performedor self-help repairs will not be eligible for the cost share reimbursement.
8.3 Owners that are eligible for the PG&E CARE (California Alternative Rates for Energy) program, for income-qualified households, may petition the City for full cost reimbursement of their R&R sidewalkrepair. Such costs may be reimbursed under a City funding program for income—quali?edresidents.
8.4. Repairs shall be implemented in accordance with City Standards and/or Best Management Practices. Asphalt or grout patches shall not be allowed. When practical, the probable cause of the trip hazard shall be addressed to prevent reoccurrence of the problem. In some cases, the most appropriate R&R repair will only mitigate the trip hazard and not the probable cause.
9. R&R Trip Hazard Repairs- Report, and Special Assessment Lien.
9.1 If any Owner refuses or neglects to make such repair, reconstructionor improvement when required and directed in conformity with the provisions of this program and applicable codes, the Public Works Director or designee shall cause such repair, reconstruction or improvement to be made, and any and all costs reimbursedto the City. Upon completion of the R&R trip hazardrepair, the Public Works Director shall prepare a report specifying the repairs, reconstruction or improvements which have been made, the cost of the work, a description of the fronting real property on which the R&R repair work has been undertaken, and the amount against each lot or parcel of land proposed to become a special assessment and lien to pay the cost of such work.
9.2 CMC Section 1.12.120 provides for a Special Assessment and Lien process to recover the costs of the abatement by placing a lien on the property and a special assessment on the current property tax roll. The lien will have the same standing as ajudgment lien and, if not paid, may be foreclosed on by the County Tax Collector after three years. Any additional administrativeor legal costs associatedwith the processing of the lien or the foreclosure action may be recovered from the property owner. The Public Works Department shall follow such a Special Assessment and Lien process to recover all costs.
Attachments:
(1) California Vehicle Code 5610 et seq
(2) Calistoga Municipal Code Chapter 12.10
Calistoga Trip Hazard Repair Program Page 3 of3
Item #8.4.
FIRST STEP
APPLICATION TO PETITION
Financial Assistance to Repair/ Replace Sidewalk
Trip Hazards
As Per Resolution No. 2011-104 (see attachment), a policy for financial assistance to help repair/replace sidewalk trip hazards was adopted by the City on October 18, 2011. Sharing the costs (reimbursement of 50% of the approved cost) with the property owner ensures the repair/replacement of damaged sidewalks that are trip hazards.
This application is required to petition the Public Works Director for financial assistance prior to the commencement of any work within the Public Right-of-Way.
1. Property Owner:
2. Location of Work:
3. Mailing Address:
4. Phone No. & Email:
5. Person Petitioning for Reimbursement:
6. Describe Scope of Work:
7. Submit Drawing of Proposed Work.
8. Submit (3) Cost Estimates (Proposals) for Review.
9. Contractor‘s Name:
1. Contractor must be CLASS “A"LICENSED to perform work on City of Calistoga Streets.
2. Must obtain an Encroachment Permit prior to commencement of work.
I HAVE READ THE POLICY FOR FINANCIAL ASSISTANCE TO REPAIRI REPLACE MY SIDEWALK:
Signature Date
Attachments:
Resolution No. 2011-104
Policy for Financial Assistance to Repair/ Replace Sidewalk Trip Hazards (see Section 8) Reimbursement Request Form — Step 2
Date:
Approved: Brandon Gray, Maintenance Supt, or Derek Rayner, Director of Public Works Item #8.4.
SECOND STEP
REIMBURSEMENTREQUEST FORM
Financial Assistance to Repair/ Replace Sidewalk
Trip Hazards
As Per Resolution No. 2011-104, a policy for financial assistance to help repair/replace sidewalk trip hazards was adopted by the City on October 18, 2011. Sharing the costs (reimbursement of 50% of the approved cost) with the property owner ensures the repair/replacement of damaged sidewalks that are trip hazards,
1. Property Owner:
2. Location of Work:
3. Mailing Address:
4. Phone No. & Email:
5. Person Petitioning for Reimbursement:
6. Submit copy of Encroachment Permit, Signed/Approved by Public Works Dept.
7. Submit copy of Contractor‘s billing statement.
8. Submit any other applicable receipts.
The City will not be responsible for payment of billing statements to the contractor.
The policy only covers the reimbursement of money to the applicant.
Date:
Signature
Date:
Received by City Staff Member
Amount to Be Reimbursed: $ EP #
Date:
Final Approval: Brandon Gray, Maintenance Supt. or Derek Rayner, Director of Public Works Item #8.4.
Chapter 12.10
SIDEWALK MAINTENANCE
Sections:
12.10.010 Trees — Property owner responsibility and duty to public.
12.10.020 Maintenance and repair of sidewalks.
12.10.030 Liability for injuries to public.
12.10.010 Trees — Property owner responsibility and duty to public.
A. The owner of a lot fronting on or adjacent to any portion of a street shall maintain any trees, shrubs, hedges or other landscaping along said street or within the street right-of—wayadjacent to the owner‘s property in a nondangerous condition. The trees, shrubs, hedges or other landscaping shall not interfere with the public convenience or safety in the use of the streets and sidewalks. The owner shall maintain street trees so that there is a minimum eight—footvertical pedestrian clearance from the top of the sidewalk and a minimum 13—footvertical clearance from the top of the curb, to any part of a street tree.
B. For purposes of this chapter, maintenance of trees, shrubs, hedges and other landscaping includes but is not limited to: deep root watering, root pruning, installing root barriers, clearance and structural trimming, fertilizing, pest control, and removal of branches, leaves and other debris.
C. Property owners required by this section to maintain trees, shrubs, hedges and other landscaping shall owe a duty to members of the public using public streets and sidewalks to maintain such trees, shrubs, hedges or other landscaping in a safe and nondangerous condition for users of the public streets and sidewalks.
D. If any property owner fails to maintain any adjacent trees, shrubs, hedges or other landscaping in a nondangerous condition as required by this section, and any person suffers damage or injury to person or property, the property owner shall be liable for all damages or injuries caused by the failure of the owner to maintain these areas. (0rd. 457 § 1, 1990).
12.10.020 Maintenance and repair of sidewalks.
A. Anything in this chapter to the contrary notwithstanding, the maintenance and repair of sidewalk areas and the making, confirming and collecting of assessments for the cost and expenses of said maintenance and repair may be done and the proceedings therefor may be had and taken in accordance with Chapter 22 of Part 3 of Division 7, of the Streets and Highways Code of the State Item #8.4.
(Sections 5600 et seq.) as the same is now in effect or may hereafter be amended. In the event of any conflict between the provisions of said Chapter 22 of Division 7, Part 3, of the Streets and Highways Code of the State and this chapter, the provisions of this chapter shall control.
B. The owners of lots or portions of lots adjacent to or fronting on any portion of a sidewalk area between the property line of the lots and the street line, including parking strips, sidewalks, curbs and gutters, and persons in possession of such lots by virtue of any permit or right shall repair and maintain such sidewalk areas and pay the costs and expenses therefor. This shall include a charge for the City’s costs of inspection and administration whenever the City awards a contract for such maintenance and repair, and the costs of collection of assessments for the costs of maintenance and repair under subsection (A) of this section or handling of any lien placed on the property due to failure of the property owner to promptly pay such assessments.
C. For the purposes of this chapter, maintenance and repair of sidewalk area shall include, but not be limited to, maintenance and repair of surfaces including grinding, removal and replacement of sidewalks, repair and maintenance of curb and gutters, removal and filling or replacement of parking strips, removal of weeds and/or debris, tree root pruning and installing root barriers, trimming of shrubs and/or ground cover and trimming shrubs within the area between the property line of the adjacent property and the street pavement line, including parking strips and curbs, so that the sidewalk area will remain in a condition that is not dangerous to property or to persons using the sidewalk in a reasonable manner and willbe in a condition which will not interfere with the public convenience in the use of said sidewalk area. Maintenance and repair shall not include maintenance and repair which is necessitated by a defective condition of a public utilityimprovement such as, but not limited to, utility boxes for water, sewer, telephone, cable television, gas and electric services.
D. Notwithstanding the provisions of Section 5615 of the State Streets and Highways Code, the Director of Public Works may in the Director‘s discretion, and for sufficient cause, extend the period within which required maintenance and repair of sidewalk areas must commence by a period of not to exceed 74 days from the time the notice referred to in Section 5614 is given. (0rd. 457 § 1, 1990).
12.10.030 Liability for injuries to public.
The property owner required by CMC 12.10.020 to maintain and repair the sidewalk area shall owe a duty to members of the public to keep and maintain the sidewalk area in a safe and nondangerous condition. If, as a result of the failure of any property owner to maintain the sidewalk area in a nondangerous condition as required by CMC 12.10.020, a person suffers injury or damage to person or property, the property owner shall be liable to such person for the resulting damages or injury. (0rd. 457 § 1, 1990).
Item #8.4.
The Calistoga Municipal Code is current through Ordinance 774, and legislation passed through October 22, 2024.
Disclaimer: The city clerk’s office has the official version of the Calistoga Municipal Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above.
City Website: msz/wwwci.calistoga.ca.us/
City Telephone: (707) 942-2800
Codification services provided by General Code
Item #8.4.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Greg Desmond, Planning & Building Director
Meeting: City Council - Feb 25 2025
Subject: Short Term Rentals
DESCRIPTION:
Council direction regarding short term rentals
RECOMMENDATION:
Consider Discussing the Item and Providing Staff Direction SUMMARY:
Calistoga has a long history of providing a range of hospitality options for visitors. However, to maintain the city’s character and ensure ample housing for residents, Calistoga prohibits short-term rentals. Despite this prohibition, the combination of Napa Valley's reputation as a global destination and the growing popularity of online vacation rental platforms has created a situation where shortterm rentals seem to be occurring.
While this type of use may benefit homeowners, staff and neighbors are concerned about the potential change in neighborhood character, increased noise, parking issues, and limited housing units available to those who would like to live and work in Calistoga on a full-time basis. In addition, staff are concerned about the lost revenue associated with this type of use. This is because this type of use avoids payment of Transient Occupancy Tax (TOT) that otherwise applies to hotels, bed & breakfasts, and inns.
This is an emerging issue for many cities. In response, many cities have adopted code enforcement regulations that establish a specific process for abating illegal short-term rental use and collecting both retroactive TOT fees and enforcement fees.
ANALYSIS:
Calistoga's zoning ordinance prohibits short term rentals in all residential zoning districts (RR, RR-H, R-1, R-1-10, R-2, R-3). Chapter 17.04, Section 17.04.0636.5 of the zoning code refers to this type of use as "Transient commercial occupancies of dwelling units"and provides the following definition:
"the unpermitted commercial use of a dwelling unit for fewer than 30 consecutive days".
Despite this prohibition, staff have received complaints that residential properties are likely being rented on a short-term basis. Planning and building staff are responsible for code enforcement of use-related violations and staff rely on the city's existing municipal code sections specific to abatement to address these items when a complaint is received. That said, the amount of time necessary to gather evidence to confirm that short-term rentals are occurring is significant. Further, Item #8.5.
the city's penalties for such violations are not adequate to discourage short-term rentals which can range in price from hundreds to thousands of dollars per day.
Addressing this problem will require amendments to our existing municipal code to further clarify that short-term rentals are prohibited and to include fines specific to illegal short-term rentals. In addition, the city could either engage a specialized service that conducts short-term rental code enforcement on a contract basis or purchase software specifically designed to identify short-term rental activity in Calistoga.
Staff is seeking direction from the city council regarding this topic.
FINANCIAL IMPACT:
There are illegal short term rentals occurring in Calistoga. The financial impact of this is the loss of TOT revenue to the city. The cost associated with any municipal code updates will be minor and the costs of hiring a contractor or purchasing software to assist in the abatement of such violations is unknown at this time but will likely result in cost recovery at a minimum.
CEQA STATUS:
EXEMPT - this item is not a project
APPROVAL(S):
Rachel Stepp, Deputy City Manager Approved - Feb 14 2025 Connie Cardenas, Admin. Services Director Approved - Feb 14 2025 Laura Snideman, City of Calistoga | City Manager Approved - Feb 19 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Feb 19 2025 Item #8.5.
1 Yudiana Galvan
From:
Sent: Thursday, February 20, 2025 1:53 PM
To: Public Comment
Cc: 'Eric Reichert'; 'Kelly Barrett Coudert'; ; 'Wine Way and Craftsman Inns'; Subject: Subject: Urgent Action Needed – Illegal Short-Term Rentals (Agenda Item 8.5, Feb 25 Council Meeting)
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Dear Mayor and City Council Members,
I am writing regarding Agenda Item 8.5 – Council Direction Regarding Short-Term Rentals on the February 25, 2025, Calistoga City Council Meeting agenda. The lodging industry has been advocating for enforcement against illegal short-term rentals (STRs) for decades, and it is critical that the Council now takes decisive action to eliminate illegal STRs both in town and in coordination with Napa County.
Why Immediate Action is Necessary
Despite Calistoga’s long-standing ban on short-term rentals, illegal listings continue to operate, undermining local businesses, reducing housing availability, and depriving the city of essential tax revenue. The lodging industry has followed the rules, paid its fair share of Transient Occupancy Taxes (TOT), and complied with zoning regulations—yet illegal STRs continue to compete unfairly, unchecked, and untaxed.
Beyond the impact on businesses, the rise of STRs destabilizes neighborhoods, creating a cycle where:
Long-term housing is removed from the market, making it harder for residents and workers to find affordable homes.
Unregulated commercial activity disrupts residential areas, increasing noise, parking congestion, and changing neighborhood character.
The city loses significant TOT revenue, which could otherwise support public services, infrastructure, and community programs.
A Clear Strategy for Effective Enforcement
To put an end to illegal STRs in Calistoga, the city must take a proactive, data-driven enforcement approach that includes:
1⃣Strengthening Municipal Code & Increasing Fines
Establish higher penalties for illegal STR operations that make violations financially unappealing.
Item #8.5.
2 Implement escalating fines for repeat offenders and property owners who knowingly violate the ban.
Adopt a per-day fine structure to match the revenue illegal STRs generate (e.g., $1,000+ per day). 2⃣Leveraging Technology & Third-Party Enforcement
Use specialized STR monitoring software to identify and track illegal listings. Many cities have successfully partnered with companies like Host Compliance or Granicus to automatically detect non-compliant properties.
Hire a dedicated STR enforcement officer or contract a firm specializing in STR investigations. Require online platforms to disclose local rental listings, helping the city take direct enforcement action.
3⃣Coordinating with Napa County for Regional Enforcement Illegal STRs just outside of Calistoga still negatively impact our market, drawing visitors who would otherwise stay in properly licensed lodging establishments. The city should work with Napa County officials to align enforcement strategies, ensuring illegal rentals just outside city limits don’t continue unchecked.
The Time to Act is Now
This issue has been discussed for years, and without firm action, the problem will only grow worse. Many cities across California have already strengthened their enforcement tools, proving that a focused, wellexecuted strategy can significantly reduce illegal STR operations.
We urge the Council to take swift and aggressive action on Agenda Item 8.5 to protect Calistoga’s businesses, neighborhoods, and economy. This is the moment to act.
Thank you for your time and consideration. We look forward to seeing real progress on this long-standing issue.
Sincerely,
Nick and Gillian Kite - Innkeepers/Owners
Contact: The Wine Way and Craftsman Inns at:
Phone:
Email:
Web: www.lodginginnapavalley.com
Item #8.5.
1 Yudiana Galvan
From: Michael Woods
Sent: Monday, February 24, 2025 3:53 PM
To: Public Comment
Subject: Short term rentals
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 see an increase in the enforcement of short term rentals. It undermines the hotel business and the TOT revenue generated.
Thank you
Michael Woods
Item #8.5.
Michael and Kathy Quast
Calistoga, CA 94515
Feb. 22, 2025
City of Calistoga City Council and City Manager
City of Calistoga
1232 Washington St.
Calistoga, Ca 94515
RE: City Council Agenda 2.25.25: Item 8.5 Council direction regarding short term rentals Dear City Council Members,
The Lodging Industry is the primary economy of Calistoga and supplies the majority of the City budget each year with TOT. We ask for your reciprocal support and advocacy.
In regards to short term rentals, we ask that you continue to discourage and prohibit further residential short term rentals especially since they decrease the available housing stock for citizens and employees of our community. We support your efforts to check on illegal rentals even if it requires outside contractors to do the continual search. Perhaps you could consider sending a warning notice before fines are introduced on the second violation. Please consider adding a tab or document to the City website indicating which rentals are legal in the City of Calistoga and which are not. Perhaps it may be necessary in the future to list illegal offenders for the public to avoid and post a warning sign on offending properties until they either stop the rental or come into compliance.
We thank you for your support
Respectfully yours,
Michael and Kathy Quast
Roman Spa Resort LLC
Item #8.5.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Yudiana Galvan, City of Calistoga | City Clerk
Meeting: City Council - Feb 25 2025
Subject: Council Statement of Support
DESCRIPTION:
Consider Adopting a Proclamation Statement of Support Regarding Immigration RECOMMENDATION:
Consider Making the Proclamation
SUMMARY:
During the Regular City Council Meeting of February 4th, Jenny Ocon of the UpValley Family Center and Michelle Grupe of the Community Leaders Coalition asked the Council to consider making a statement in support of our immigrant population.
This statement was drafted for Council discussion and consideration.
FINANCIAL IMPACT:
None
CEQA STATUS:
None
ATTACHMENT(S):
Council Statement of Support of Historically Marginalized Communities APPROVAL(S):
Connie Cardenas, Admin. Services Director Approved - Feb 18 2025 Laura Snideman, City of Calistoga | City Manager Approved - Feb 19 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Feb 19 2025 Item #8.6.
CITY OF CALISTOGA
Statement of Support of historically marginalized
communities
WHEREAS, the City of Calistoga recognizes the long and storied past of our historically marginalized communities, including members of our immigrant community and acknowledges that they are integral to every aspect of our society; they are our friends, colleagues, neighbors and family with whom we have built and continue to grow a thriving and inclusive City; and WHEREAS, the City of Calistoga remains dedicated to growing a diverse and inclusive community where all individuals feel safe and secure and can access the resources they need without fear; and
WHEREAS, the Calistoga City Council holds a fundamental vision of a vibrant and inclusive city and will navigate the path forward together with all community members, including immigrants to establish and ensure trust, collaboration, and respect; and WHEREAS, acknowledging the well-being and civil rights of all people as inalienable is a shared value of every member of the Calistoga City Council; NOW, THEREFORE, BE IT PROCLAIMED, that the City of Calistoga strives to be a model for inclusion and equity and to demonstrate the values of unity and acceptance for all members of our community including historically marginalized communities which includes our immigrant community.
Signed and Sealed this 18th Day of March in the year Two Thousand Twenty Five Item #8.6.
CITY OF CALISTOGA
Statement of Support of historically marginalized
communities
WHEREAS, the City of Calistoga recognizes the long and storied past of our historically marginalized communities, including members of our immigrant community and acknowledges that they are integral to every aspect of our society; they are our friends, colleagues, neighbors and family with whom we have built and continue to grow a thriving and inclusive City; and WHEREAS, the City of Calistoga remains dedicated to growing a diverse and inclusive community where all individuals feel safe and secure and can access the resources they need without fear; and
WHEREAS, the Calistoga City Council holds a fundamental vision of a vibrant and inclusive city and will navigate the path forward together with all community members, including immigrants to establish and ensure trust, collaboration, and respect; and WHEREAS, acknowledging the well-being and civil rights of all people as inalienable is a shared value of every member of the Calistoga City Council; NOW, THEREFORE, BE IT PROCLAIMED, that the City of Calistoga strives to be a model for inclusion and equity and to demonstrate the values of unity and acceptance for all members of our community including historically marginalized communities which includes our immigrant community.
Signed and Sealed this 18th Day of March in the year Two Thousand Twenty Five Item #8.6.
CITY OF CALISTOGA
Statement of Support of historically marginalized communities WHEREAS, the City of Calistoga recognizes the long and storied past of our historically marginalized communities, including members of our immigrant community and acknowledges that they are integral to every aspect of our society; they are our friends, colleagues, neighbors and family with whom we have built and continue to grow a thriving and inclusive City; and WHEREAS, the City of Calistoga remains dedicated to growing a diverse and inclusive community where all individuals feel safe and secure and can access the resources they need without fear; and
WHEREAS, the Calistoga City Council holds a fundamental vision of a vibrant and inclusive city and will navigate the path forward together with all community members, including immigrants to establish and ensure trust, collaboration, and respect; and WHEREAS, acknowledging the well-being and civil rights of all people as inalienable is a shared value of every member of the Calistoga City Council; NOW, THEREFORE, BE IT PROCLAIMED, that the City of Calistoga strives to be a model for inclusion and equity and to demonstrate the values of unity and acceptance for all members of our community including historically marginalized communities which includes our immigrant community.
Signed and Sealed this 25th Day of March in the year Two Thousand Twenty Five Item #8.6.