Cities Index.
Agenda, first session

Calistoga City Council
March 18, 2025

Document
Agenda, first session
Meeting
March 18, 2025
Body
Calistoga City Council
Pages
342
Original file
37.6 MB
Text extracted from the city's file for reading and search. Open the original on calistoga.civicweb.net. That file is the official record.

CEQA STATUS:

The adoption of this resolution is categorically exempt from environmental review under the California Environmental Quality Act (CEQA), in accordance with CEQA Guidelines section 15061(b)(3). This exemption is justified as it is clear that there is no potential for the adoption of this resolution to significantly impact the environment.

ATTACHMENT(S):

Draft Resolution - Establishing Advisory Committee Bylaws 2024-29 Confirming the Mayor's appointments of Councilmember liaisons to Local Advisory Boards & Commissions
APPROVAL(S):

Greg Desmond, Planning & Building Director Approved - Mar 07 2025 Connie Cardenas, Admin. Services Director Approved - Mar 10 2025 Laura Snideman, City of Calistoga | City Manager Approved - Mar 11 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Mar 11 2025 Item #8.1.

Page 221 of 342 ends

RESOLUTION NO. 2025-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA,

COUNTY OF NAPA, STATE OF CALIFORNIA, ESTABLISHING

ADVISORY COMMITTEE BYLAWS AND ADVISORY COMMITTEES
WHEREAS, the City Council recognizes the value of public participation in the affairs of city government, and the City Council seeks ways to encourage effective participation by city residents and members of the general public; and WHEREAS, the City Council recognizes that a vast and largely untapped reservoir of talent exists among the residents of Calistoga and that the rich and varied segments of this great human resource are largely unaware of the many opportunities that exist to participate in and serve on local regulatory committees; and WHEREAS, all citizens of the City of Calistoga should have equal access to specific and current information about the opportunities of service on local regulatory committees; and
WHEREAS, in establishing and operating city boards, commissions, and committees, the city is required to comply with particular provisions of State law such as the Brown Act (California Government Code Section 54950 et seq.), the Political Reform Act (California Government Code Sections 81000, et seq.), and the Maddy Act (California Government Code Sections 54970, et seq.); and
WHEREAS, the city has an interest in establishing and operating city boards, commissions, and committees in a manner that most effectively utilizes the valuable time of participating members; and
WHEREAS, it is necessary to determine the procedures relating to methods of appointment, terms of office, duties, and responsibilities for the existing and future committees; and
WHEREAS, the City Council has broad authority to appoint members of the public to serve on city-established boards, commissions, or committees for the purpose of providing recommendations to the City Council and the Planning Commission; and WHEREAS, the City Council has established the committees over time and recognizes that a uniform, consistent, and current set of rules and procedures for all the city’s current and future committees will enable these advisory bodies to be purposeful and effective, receive structured support, and benefit the community; and WHEREAS, the City Council seeks to establish consistent procedures between individual committees, the current City Council Civic Operating Agreements, and the current Planning Commission Rules of Procedure; and
Item #8.1.

Page 222 of 342 ends

Resolution No. 2025-XXX

Page 2 of 10 ends

WHEREAS, it is necessary to address inconsistencies between the individual committees’ rules and procedures and the City’s Code of Ethics, City Council Priorities, General Plan, Municipal Code, and policies; and
WHEREAS, in order to achieve the goals set forth in the City Council’s Priorities, the City’s General Plan, and regional action plans, the committees need to be empowered with the resources set forth in the established bylaws.

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

1. Resolution 90-42 Amend Reso 89-5 Boards Committees Commissions Advisory Bodies Policies Rescind Reso 15-83;

2. Resolution 91-45 Amend Reso 90-42 Boards Committees Commissions and Advisory Bodies;

3. Resolution 92-64 Amend Reso 91-45 Boards Committees Commissions Advisory Bodies Policies;

4. Resolution 92-81 Amend Reso 91-45 Boards Committees Commissions Advisory Bodies Policies;

5. Resolution 94-015 Amend Reso 93-101 City Boards Committees Commissions and Advisory Bodies;

6. Resolution 94-106 Amend Reso 94-15 City Commissions – Committees;

7. Resolution 95-043 Amending Reso 94-106 City Commissions and Committees Policies;

8. Resolution 99-05 Amend Reso 95-43-Commissions and Committees;

9. Resolution 2011-092 Green Committee;

10.Resolution 2013-033, Rescinding any resolution of the City Council creating the Bicycle Advisory Committee and, as a replacement, establish an Active Transportation Committee;

11.Resolution 2014-019, Defining the Membership and Duties of the Active Transportation Advisory Committee;

12.Resolution 2015-007, Rescinding Resolution No. 2011-092, and Establishing the Calistoga Green Committee and Defining its Role, Duties, and Responsibilities;

13.Resolution 2021-022, Establishing a Housing Advisory Committee;

14.Resolution 2022-054, Rescinding Resolution 2015-007, and Defining the Green Committee’s Role, Duties and Responsibilities, and Green Initiatives for FY 22/23; BE IT FURTHER RESOLVED that the City Council of the City of Calistoga adopts the City of Calistoga Advisory Committee Bylaws to be utilized for the city’s current and future committees, as set forth in Exhibit “A”;
BE IT FURTHER RESOLVED that the City Council of the City of Calistoga reestablishes an Active Transportation Advisory Committee for the specific purpose of advising the City Council on matters relating to City General Plan Circulation Element, the priorities set forth by the City Council, active modes of transportation within the City Item #8.1.

Page 223 of 342 ends

Resolution No. 2025-XXX

Page 3 of 10 ends

of Calistoga, and regional active transportation initiatives; BE IT FURTHER RESOLVED that the City Council of the City of Calistoga reestablishes a Green Committee for the specific purpose of advising the City Council on matters relating to the City General Plan Open Space and Conservation Element, the City Climate Action Plan, the priorities established by the City Council, and regional climate initiatives;
BE IT FURTHER RESOLVED that the City Council of the City of Calistoga reestablishes a Housing Advisory Committee for the specific purpose of advising the City Council on matters relating to the City General Plan Housing Element and the housing priorities articulated by the City Council;
BE IT FURTHER RESOLVED that the City Council of the City of Calistoga establishes a Fairgrounds Advisory Committee for the specific purpose of advising the City Council on matters relating to the priorities and the development of the Fairgrounds:

1. MEMBERSHIP: The Committee shall consist of five (5) members appointed by the City Council and two (2) City Council Members to serve as Committee liaisons;

2. TERM: The Committee shall meet monthly to carry out its purpose and shall dissolve automatically one (1) year after its initial Committee meeting;

3. RULES OF PROCEDURE: The Committee will be structured and function in accordance with the bylaws established for Committees within the City of Calistoga.

BE IT FURTHER RESOLVED that this Resolution shall take effect immediately upon its adoption.

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

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:
____________________________ __________________________ Yudiana Galvan, City Clerk Donald Williams, Mayor
Item #8.1.

Page 224 of 342 ends

Resolution No. 2025-XXX

Page 4 of 10 ends

EXHIBIT A
City of Calistoga Advisory Committee Bylaws
Article I. General
A. The details of the established committees will be accessible online and by contacting the City Clerk.

B. The official meeting location of the committees will be the Calistoga Community Center located at 1307 Washington Street, Calistoga, CA 94515. The meeting location is subject to occasional modification and will be noticed in compliance with the Brown Act.

Article II. Purpose and Functions
A. Recognizing that stewardship of the public interest must be their primary concern, committee members will work for the common good of the people of the City of Calistoga. The purpose of the committee is to advise the City Council and/or the Planning Commission on matters relevant to the purpose and scope of the committee.

B. In accordance with the resolutions set by the City Council, the committee is an advisory body and may not operate outside of its designated purposes, defined as a “Work Plan.” The functions of the committee are as follows:

1. Apply new ideas, innovative approaches, and expertise to recommendations of projects and policies to the City Council and/or the Planning Commission;

2. Provide frequent and clear communications and transparency on its activities and decision-making;

3. Communicate with residents to solicit their feedback and disseminate pertinent information;

4. Advise on policies that guide the City Council and/or the Planning Commission in the management of the City, taking into consideration the value of promoting efficiency and effectiveness in operations while maintaining a reasonable level of service;

5. Develop an annual Work Plan consistent with the City Council goals for each calendar year and monitor those yearly and multi-year goals, reporting progress and achievement of those goals to the City Council no less than annually;

6. Utilize the City’s General Plan, Municipal Code, and other planning documents to conduct research and make recommendations;

7. Consider the availability of the City’s funds, resources, and personnel in preparing advice to the City Council and/or the Planning Commission; C. The committee will not have authority to:

1. Adopt policies;

2. Mandate or direct City work and staff; or

3. Solicit or raise funds from public or private entities.

Item #8.1.

Page 225 of 342 ends

Resolution No. 2025-XXX

Page 5 of 10 ends

Article III. City Role
A. Staff Secretary

1. The Staff Secretary will perform the clerk duties for the committee in compliance with the Brown Act, including:
a. Prepare and post the meeting agenda
b. Prepare action minutes during committee meetings and maintain committee records as established by the City Clerk
c. Distribute documents via email to the members

2. The Staff Secretary will provide technical, logistical, and administrative assistance as needed for members as it pertains to the purpose and scope of the committee.

3. The Staff Secretary will manage the committee roster and membership requirements.

4. The Staff Secretary will be appointed by the City Manager or their designee.

B. Staff Liaison

1. The Staff Liaison will serve as the principal advisor to the committee and provide:
a. Substantive expertise and advice on matters that are relevant to the purpose and scope of the committee;
b. Direction and advisement on City processes and procedures; and c. Preparation of Staff Reports for items to be presented to the City Council and/or the Planning Commission.

2. The Staff Liaison will be appointed by the City Manager or their designee.

3. Staff Reports
a. Staff Report means any memorandum prepared by a member of City staff pertaining to a matter to be considered by the committee at a meeting. b. The Staff Liaison will prepare Staff Reports according to the guidelines set by the City Clerk.

C. The City Manager may designate the Secretary and Staff Liaison roles to be performed by the same City staff person.

Article IV. Membership
A. The committee is comprised of five (5) regular members appointed by the City Mayor and approved by the City Council.

B. Terms of each member will be two (2) years.

1. Terms will be staggered such that either two (2) or three (3) members are up for reappointment each calendar year.

2. Members may be reappointed for an unlimited number of terms.

3. No person may serve simultaneously on two (2) or more committees or simultaneously on the Planning Commission or City Council.

Item #8.1.

Page 226 of 342 ends

Resolution No. 2025-XXX

Page 6 of 10 ends

C. Each member will be a resident within the boundaries of the Calistoga School District or a business owner within the City of Calistoga.

D. All members will receive a Committee Member Handbook in January of each year. The Committee Member Handbook will provide instruction on government and committee structure, City policies and procedures, organizational requirements and duties, and meeting guidelines,
E. Within thirty (30) days of appointment, or at the beginning of a new term, all members will be required to:

1. File an Assuming Office Statement of Economic Interests (Form 700)

2. Complete the AB 1234 Ethics Training

3. Complete the Brown Act Training

4. Complete any additional trainings as designated by the City Clerk

5. Sign a form acknowledging receipt of and review of a Committee Member Handbook
F. Failure to complete the requirements outlined in Section E of this Article within ninety (90) days of appointment will result in automatic removal from the committee and a new member will be appointed to that seat.

Article V. Member Guidelines
A. Members are expected to engage with one another, City staff, and all stakeholders in a manner that is appropriate, courteous, respectful, and civil at all times.

B. Members will comply with the laws of the nation, the State of California, and the City of Calistoga in performing their public duties. These laws include but are not limited to the United States and California constitutions, the Calistoga Municipal Code, laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities, open processes of government, and City ordinances and policies.

C. All members serve at the pleasure of the City Council. The City Council reserves the right to remove one or more committee members at any time for any reason.

Members are not entitled to any process in the event the Council removes them from service. Removal is based on performance-related concerns such as legal or ethical violations, a pattern of absences, misconduct toward staff, colleagues, or the public, or actions that undermine the public trust in the commission or the Council.

D. Members unable to complete their term are expected to provide notice to the Staff Liaison in writing.

E. In the event of an unscheduled vacancy of any member’s seat prior to the expiration of their term, the City Council may appoint a member from a pool of applicants to serve the remainder of the unexpired term.

Item #8.1.

Page 227 of 342 ends

Resolution No. 2025-XXX

Page 7 of 10 ends

F. Members of the committee will serve without compensation.

Article VI. Officer Guidelines
A. Responsibilities

1. Chair
a. Presides over the meetings of the committee and preserves order and decorum
b. Principal spokesperson for the committee
c. Liaison between the committee’s members and City staff d. Assists the Staff Liaison in determining agenda items e. Attends additional trainings as designated by the City Clerk

2. Vice Chair
a. During the absence, disability, or disqualification of the Chair, the Vice Chair will exercise or perform all the responsibilities of the Chair.

B. Selection

1. A Chair and Vice Chair will be elected annually from among the members at the January meeting of each year to serve at the pleasure of the committee for a term length of one (1) year. The Chair and Vice Chair will assume office at the committee meeting in February of each year.

2. The Vice Chair will succeed the Chair in completing the term if the Office of Chair is vacated before the term is completed. A new Vice Chair will be elected at the next regular meeting and will complete the term of that office.

3. If the Office of Vice Chair is vacated before the term is completed, a new Vice Chair will be elected to complete the term of that office.

4. In the absence of the Chair and Vice Chair, the senior member in length of service will call the committee to order.

5. A member may serve two (2) consecutive terms as Chair and, after a period of one (1) year, may serve another two (2) consecutive terms as Chair.

6. Nothing will prevent the committee from removing and replacing the Chair or Vice Chair at any time during their respective terms, provided that the item is properly noticed on the agenda of the meeting.

Article VII. Attendance Policy
A. Regular attendance by all members is essential so that the committee can discharge its duties.

B. Members will notify the Staff Secretary of any expected absence from a meeting by 4:00 PM of the day before a regularly scheduled committee meeting.

C. Any member who does not give notice that they intend to be absent from a scheduled meeting for more than twenty-five (25) percent of the meetings in any six (6) months of service will be automatically removed.

Item #8.1.

Page 228 of 342 ends

Resolution No. 2025-XXX

Page 8 of 10 ends

D. Any member who does attend fifty (50) percent of the meetings in any six (6) months of service, even if staff has been provided with adequate notice of absence, will be automatically removed.

E. The process of removal of a member due to absences will involve notification to the City Manager and City Clerk, followed by notification in writing by the Staff Secretary to inform them that they have been removed from the committee.

Article VIII. Meeting Guidelines
A. All committee meetings will be open, public, and noticed in conformance with the provisions of the Ralph M. Brown Act, California Government Code section 54950 et seq., as amended and held at a location within Calistoga, California, that satisfies the access requirements of the Americans with Disabilities Act.

B. An annual meeting schedule will consist of the scheduled meetings for the remainder of the year and be established by the committee during the regular January meeting.

C. Once meeting dates are established, meetings may be canceled by a majority vote of the committee or due to a lack of agenda items or a quorum, as determined by the Staff Secretary. If a meeting is canceled due to a lack of agenda items or a quorum, the meeting will be publicly noticed as to the reason for the cancellation.

D. Special meetings or continued meetings may be called by the Chair or a majority of the committee. The call for a special meeting must specify the day, hour, place, and subject(s) to be considered. A minimum of twenty-four (24) hours notice must be given prior to a special meeting, and the agenda for the special meeting must be made available to members of the public consistent with the requirements of the Brown Act. Only matters specified in the notice may be discussed at special meetings.

E. Except as otherwise set forth in these bylaws, committee meetings will be governed by Rosenberg’s Rules of Order for the purpose of maintaining proper decorum and order during meetings.

F. Under Calistoga Municipal Code Section 2.08.050, the City Manager may attend committee meetings and address the committee.

G. A majority of the total membership of the committee needs to be present at the meeting to constitute a quorum for the transaction of business. In the event a quorum is not in attendance within thirty (30) minutes after the time noticed for commencement of the meeting, no meeting will be held on the noticed date, and the noticed meeting will adjourn to the next Regular meeting or a later set date, at a time and place declared by the Staff Secretary.

H. Voting by proxy is prohibited.

Item #8.1.

Page 229 of 342 ends

Resolution No. 2025-XXX

Page 9 of 10 ends

I. Participation via teleconferencing must be in accordance with the Brown Act and granted by the Staff Secretary; it is not guaranteed.

J. Action minutes of all public proceedings of the committee will be recorded by the Staff Secretary and entered into City records as official meeting minutes following approval by the committee and will thereafter be kept, published, and distributed in compliance with State law and applicable City policy.

Article IX. Subcommittees
A. The committee is permitted to create and operate temporary subcommittees (ad hoc committees) of solely less than a quorum of the members as deemed necessary by the members.

B. An ad hoc committee serves a limited or single purpose that is not perpetual, and that will be dissolved once its specific task is completed C. Ad hoc committees are not subject to the Brown Act.

D. Proposed ad-hoc and subcommittee member appointments, roles, responsibilities, and authority will be determined by the committee voting members.

Article X. Agenda Guidelines
A. The Staff Secretary will prepare the agenda for each meeting of the committee with the cooperation and input of the Chair.

B. The agenda will contain a summary of the committee’s annual Work Plan, and agenda items will include a brief description of each item of business to be discussed and acted upon.

C. When an agenda item warrants a Staff Report, it will include documents received by or developed by Staff that are pertinent to the report.

D. Agenda format will be set by the City Clerk and implemented by the Staff Secretary.

Article XI. Communications
A. Members agree that transparency is essential to all deliberations. In that regard:

1. Members are required to notify the Staff Liaison in writing of verbal communications with interest groups and all communications with media on behalf of or representing the committee.

2. Members are required to copy the Staff Liaison on all written communications on behalf of or representing the committee with interest groups, City staff, and other governing bodies regarding the committee’s deliberations and business.

These communications may be included in the public record and copied to the Chair and full committee as appropriate.

B. Committee Reports

1. To make official recommendations to the City Council, the committee will prepare a written report, known as a Committee Report.

Item #8.1.

Page 230 of 342 ends

Resolution No. 2025-XXX

Page 10 of 10 ends

2. A Committee Report prepared for City Council consideration will be submitted to the Staff Liaison and listed on an upcoming City Council meeting agenda by the City Clerk.

3. If the committee’s Chair or Vice Chair is unable to present the Committee Report at the scheduled City Council meeting, the Staff Liaison will present the report on the committee’s behalf.

4. The Committee Report will include the following sections: Summary, Background, Analysis, Financial Impact, and Committee Recommendations.

C. Logos & Graphics

1. In accordance with City Policy PP 11, “Use of City Seal Or Logo Policy,” any use of the City Seal or Logo will require approval from the City. The approval process will be facilitated by the Staff Liaison assigned to the committee.

2. The establishment or use of a logo, seal, or slogan specific to the committee is prohibited.

D. Members will communicate and work on committee matters with City staff only through the Staff Liaison or Staff Secretary, except if otherwise permitted by the City Manager or their designee.

Article XII. Conflict of Interest
A. In order to assure their independence and impartiality on behalf of the common good, members will not use their official positions to influence government decisions in which they have a material financial interest or where they have an organizational responsibility or personal relationship that may give the appearance of a conflict of interest.

B. In accordance with the law, members will disclose investments, interests in real property, sources of income, and gifts, and they will abstain from participating in deliberations and decision-making where conflicts may exist.

Article XIII. Amendment of Bylaws
A. The City may make amendments to the bylaws with the approval of the City Manager.

B. Members have no authority to amend bylaws without the approval of the City Manager.

Article XIV. Severability
A. Should any part term, portion, or provision of these bylaws be determined to be in conflict with any law or otherwise unenforceable or ineffectual, the remaining parts, terms, portions, or provisions will be deemed severable. Their validity will not be affected thereby, provided such remaining portions or provisions can be construed in substance to constitute the provisions that the City intended to enact in the first instance.

Item #8.1.

Page 231 of 342 ends

RESOLUTION NO. 2024-29
ADOPTED APRIL 30, 2024

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

STATE OF CALIFORNIA CONFIRMING THE MAYOR'S APPOINTMENTS OF COUNCILMEMBER LIAISONS TO THE LOCAL ADVISORY BOARDS AND COMMISSIONS.

WHEREAS, California Government Code Section 40605 states the Mayor, with the approval of the City Council, shall make appointments to boards and commissions; WHEREAS, a Councilmember shall be appointed to each committee to act as a liaison between the committee and the Council;
WHEREAS, the Councilmember Liaison will be a positive resource to support their committee in the successful completion of their work;
WHEREAS, the City has set the following guidelines for the role and purpose of the Councilmember Liaison:

Role and Purpose of a Liaison

1. The primary role of the Liaison is to facilitate communications between the Commissions and the Council.

2. The Councilmember Liaison shall bring to the Council any requests from the Committee such as: Questions raised by the Committee about their scope of work or requests to make changes to their scope of work, requests for expenditures of the City resources (funds, staff time, or other resources), requests from the Committee to place and item on a Council agenda for discussion.

3. The Liaison should work to ensure that the committee is only taking action or doing the work within the scope determined or approved by the Council.

4. The Liaison should not be an advocate for the Commission, give direction, or influence a decision of the Commission. The Liaison may, however, assist and provide information.

5. The Councilmember Liaison shall work to ensure the Council is regularly updated on the work of the Committee.

6. The Council should meet annually to discuss the work plan of each Committee and hear from each Committee's Liaison to report on the Committee's progress of the workplan, and revisit the need for the Committee to remain.

7. The Councilmember Liaison shall not take part in the Committee's deliberations or discussions unless the Committee requests the Liaison's participation, in which case the Councilmember must expressly state that he or she is only speaking for themselves and not for the entire Council.
a. The Councilmember Liaison will encourage the Committee to stay within the scope of their work and should remind the Committee of the Council's direction, City policies or laws, including the Brown Act and the Public Records Act if needed.

9. Attendance to the Committee meetings is encouraged but not required and shall be at the discretion of the Councilmember. The Councilmember shall not take part in any votes or decision making of the Committee and shall not be considered per purposes of a quorum.

Item #8.1.

Page 232 of 342 ends

Resolution 2024-29
Pg. 2 of2
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Calistoga hereby confirms the the Mayor's appointments of Councilmember Liaisons to each committee Councilmember Eisenber
Councilmember Gift Committee
Councilmember Coo er Green Committee
PASSED, APPROVED AND ADOPTED this 30h day of APRIL 2024. I, YUDIANA GALVAN, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:

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

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
__12c/>JQ{r{V~
Donald Williams, Mayor
Item #8.1.

Page 233 of 342 ends

1 Yudiana Galvan
From: Lana Richardson
Sent: Friday, March 14, 2025 1:55 PM
To: Public Comment
Subject: Public Comment item 8.1
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.

Donald Williams,
Irais Lopez-Ortega
Scott Cooper
Kevin Eisenberg
Lisa Gift
Laura Snideman,
Sheli Wright,
RE: agenda item 8.1
The proposed bylaws for advisory committees have some inconsistencies and need further review.

Additionally, the Fairgrounds Advisory committee, although approved, has not yet been formed. The Fairgrounds committee should definitely be included in the review of the proposed bylaws before they are adopted. This item should be tabled for a council meeting at a later date to allow time for further review by all committees, especially the yet to be appointed Fairgrounds Committee.

Lana Richardson
Calistoga
Item #8.1.

Page 234 of 342 ends

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Greg Desmond, Planning & Building Director
Meeting: City Council - Mar 18 2025
Subject: Measure D Housing Funds
DESCRIPTION:

Council direction regarding Measure D housing funds
RECOMMENDATION:

Consider Discussing the Item and Providing Staff Direction SUMMARY:

Background:

On June 19, 2018, the City Council adopted Resolution No. 2018-072. This resolution authorized the submission to the voters of the City of Calistoga, a special tax measure that would increase the city's Transient Occupancy Tax (TOT) by 1% from 12% to 13%. Revenues from the additional 1% tax would be used solely for affordable and workforce housing expenditures subject to the approval of two-thirds of the electors voting at the general election held on November 6 of 2018.

This measure passed and the amendments to Chapter 3.16 of Calistoga's municipal code took effect on January 1, 2019.

The amended language of Chapter 3.16, Section 020 (D) now reads as follows:

D. Of the 13 percent tax imposed in subsection (A) of this section, 12 percent is a general purpose tax, the revenues of which may be used for any lawful municipal purpose, and one percent is a special purpose tax, the revenues of which are dedicated solely for affordable and workforce housing programs and services up to and including, without limitation, land acquisition, land donation, building acquisition, building rehabilitation, building demolition, housing construction, maintaining the community’s supply of mobile homes, providing housing subsidies to lower-income residents, and/or preserving existing public subsidies for developments facing conversion to market rates and shall be deposited in a separate account.

ANALYSIS:

The scope of projects eligible for use of these funds is consistent with the council's priorities specific to housing:

The Calistoga City Council wishes to encourage the creation and maintenance of the housing stock to continue to support Calistoga’s unique identity and to minimize commute traffic impacts, described as follows:

Item #8.2.

Page 235 of 342 ends

a) The City Council’s foremost housing interests are in encouraging ownership and rental housing for city employees, school employees, and local businesses with an emphasis on the “missing middle” for those who wish to live and work in Calistoga. i) Analyze the rezoning of Rural Residential zones to allow for more housing units with the goals of providing affordable and guaranteed access (possibly deed-restricted) for “missing middle” buyers and discouraging new homes from becoming infrequently used second homes. b) Prioritize the development of city-owned properties between Earl & Eddy. c) Seek input from the Housing Advisory Committee on additional ideas related to this priority and ask for their help researching implementation measures. d) The City Council wishes to collaborate with the school district on reuse of the property the district has identified as a possible housing site.
e) Active staff engagement to support the above interests may require additional staff resources and will be explored as specific efforts are determined.

Additionally, the city was fortunate enough to receive funding from the Blue Zones organization to prepare the attached Middle Housing Play Book. The goal of the document is to outline strategies that Calistoga could implement to encourage and incentivize middle-income housing throughout the community, a specific focus of the city council.

Staff is seeking initial discussion and direction from the council regarding the use of these funds.

The city council may be interested in staff exploring the cost of specific projects (such as Earl/Eddy or partnering with the school district) or specific programs (such as first-time homebuyer programs or programs to incentive staff to live locally or home repair programs or other) or anything from the Middle Housing Play Book or hiring a housing-focused city planner or letting the funds accumulate while more information is gathered on any options the city council is interested in exploring.

FINANCIAL IMPACT:

Measure D is currently estimated to generate an average of approximately $1 million annually. Note the revenue can be highly volatile depending on visitation and the overall economy.

In addition, please see the related mid-year budget and Earl/Eddy agenda items also on this meeting's agenda. Once the budget is formally updated for various previously approved housing expenses such as the cost of acquisition for the Earl/Eddy Street parcels, loan to Burbank Housing to assist in converting existing market rate units at 1405 Cedar to regulated affordable units, the loan to the Lincoln Avenue Apartments project for connection and development impact fees, and expenses for the City of Napa Housing contract, Fair Housing contract, and Housing Element implementation, the resulting fund balance is estimated to be approximately $2.4 million including estimated revenue from the current fiscal year.

CEQA STATUS:

EXEMPT - this item is not a project
ATTACHMENT(S):
2018-072 Proposed TOT Tax Increase
Item #8.2.

Page 236 of 342 ends

blu zones - middle housing - playbook
APPROVAL(S):

Connie Cardenas, Admin. Services Director Approved - Feb 19 2025 Laura Snideman, City of Calistoga | City Manager Approved - Feb 19 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Feb 19 2025 Item #8.2.

Page 237 of 342 ends

Section 2
RESOLUTION NO. 2018-072

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

COUNTY, STATE OF CALIFORNIA,AUTHORIZING ORDERING THE SUBMISSION

TO THE VOTERS OF THE CITY A SPECIAL TAX MEASURE WHICH WOULD INCREASE THE CITY’S TRANSIENT OCCUPANCY TAX RATE FROM 12 PERCENT TO 13 PERCENT, THE REVENUES OF WHICH WOULD BE USED SOLELY FOR

HOUSING-RELATED EXPENDITURES, SUBJECT TO APPROVAL OF TWO-THIRDS

OF THE ELECTORS VOTING AT THE GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2018
WHEREAS, the City’s general municipal election willbe held on November 6, 2018; and
WHEREAS, the CityCouncil desires to submit to the voters at the general municipal election a question relating to increasing the City’sTransient Occupancy Tax (“TOT”)from the existing 12 percent to 13 percent; and
WHEREAS, the City Council desires for the increased tax revenues generated from a 1 percent increase in the TOT to be dedicated solely for housing-related expenditures; and
WHEREAS, the ordinance attached hereto as Exhibit“A”and incorporated herein by reference (the “Ordinance”), if approved by the voters, would increase the TOT from 12 percent to 13 percent effective January 1, 2019, and dedicate the increased TOT revenue for affordable and workforce housing programs and services up to and including, without limitation, land acquisition, land donation, building acquisition, building rehabilitation, building demolition, housing construction, maintaining the community’s supply of mobile homes, providing housing subsidies to lower income residents, and/or preserving existing public subsidies for developments facing conversion to market rates.

NOW, THEREFORE, the City Council of the City of Calistoga does hereby resolve, declare and order as follows:

Section 1. That pursuant to Government Code section 36503 and Calistoga Municipal Code section 2.06.050, there is called and ordered to be held in the City of Calistoga a general municipal election on Tuesday, November 6, 2018.

The City Council orders submitted to the voters a measure for the approval of the Ordinance increasing the Cityof Calistoga’s Transient Occupancy Tax from 12 percent to 13 percent, effective January 1, 2019. The fulltext of the Ordinance shall be made available to any voter on request. The vote requirement for the measure to pass is a supermajority (two-thirds) of the votes cast.

Item #8.2.

Page 238 of 342 ends

Section 4
Section 5
Resolution No. 2018—072

Page 2 of 3 ends

Section 3. The measure shall be designated by letter by the Napa County Elections Department. The question to appear on the ballot for voter consideration shall be as follows:

Measure “D” APPROVAL OF INCREASE TO THE TRANSIENT OCCUPANCY TAX To increase, improve and preserve affordable and workforce housing in the City of Calistoga, shall an ordinance be adopted to YES levy an ongoing transient occupancy tax (hotel tax) of 1% on hotel charges to visitors of 30 days or less, increasing the maximum hotel rate from twelve percent (12%) to thirteen percent (13%), with all revenue from the new tax (estimated: $512,325 annually) to be restricted to providing programs and services for affordable and N0 workforce housing?
. The Mayor is authorized to select two members of the City Council to prepare a ballot argument in favor of the measure on behalf of the City Council, as specified in section 9282 of the California Elections Code. At the discretion of the Mayor, the argument may also be signed by members of the City Council or citizen associations or individual voters, subject to sections 9282 and 9283 of the California Elections Code. If an argument is filed against the measure, the Mayor is also authorized to select two members of the City Council to prepare a written rebuttal, which also may be signed by members of the City Council or citizen associations or individual voters, subject to sections 9282 and 9283 of the California Elections Code. . The City Clerk is hereby directed to transmit a copy of the measure to the City Attorney, who shall prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure in accordance with Section 9280 of the California Elections Code, and to file that analysis no later than the deadline established by the Napa County elections official.

Section 6. Ballot arguments and rebuttals shall be filed with the City Clerk i compliance with sections 9282, 9283, and 9285 of the California Elections Code by then deadline established by the Napa County elections official.

Section 7. That the full text of the Ordinance shall not be printed in the Voter Information Pamphlet, but a statement shall appear under the Impartial Analysis informing voters that the information may be obtained from the City Clerk’s office and the City’ website. s
Item #8.2.

Page 239 of 342 ends

CA NI
L K YON, Attorney
Resolution No. 2018—072

Page 3 of 3 ends

Section 8. The Board of Supervisors of Napa County is hereby requested to issue instructions to the County Election Department to take any and all steps necessary forthe holding of the election and to consolidate this ballot measure with any other applicable election conducted on the same day in the City.

Section 9. Notice of the Election is hereby given and the City Clerk shall give such further notice of the election as required by law.

Section 10. The City Clerk is hereby directed to file a certified copy of this Resolution with the Napa County Board of Supervisors and the Napa County Elections Department.

Section 11. The City Clerk is authorized and directed to take all other steps necessary to conduct the election on the Measure.

Section 12. The City Manager is authorized and directed to appropriate the funds necessary to fund the cost of the Election.

Section 13. This Resolution shall take effect upon its adoption

PASSED, APPROVED AND ADOPTED BY AT LEAST TWO-THIRDS OF THE CIT COUNCIL THIS 19thDAY OF JUNE, 2018. Y
AYES: Councilmembers Kraus, Barnes and Lopez-Ortega, Vice Mayor Dunsford and Mayor Canning
NOES: None
ABSTAIN: None
ABSENT: None
CHRIS NG, Mayor
ATTEST:

KATHY F MSON, City Clerk
Item #8.2.

Page 240 of 342 ends

ExhibitA

ORDINANCE NO
AN ORDINANCE AMENDING CHAPTER 3.16 OF THE CALISTOGA MUNICIPAL CODE TO INCREASE THE CITY’S TRANSIENT OCCUPANCY TAX RATE FROM 12 PERCENT TO 13

PERCENT, SUBJECT TO APPROVAL OF TWO-THIRDS OF THE ELECTORS VOTING ON THE TAX MEASURE AT THE NOVEMBER 6, 2018 GENERAL ELECTION THE PEOPLE OF THE CITY OF CALISTOGA DO ORDAIN, AS FOLLOWS:

SECTION I: AMENDMENT OF CODE.

Section 3.16.020 (Imposition of Tax) of the Calistoga Municipal Code is hereby amended to read as follows:
“3.16.020 Imposition of Tax
A. For the privilege of occupancy in any hotel, as defined in this chapter, each transient is subject to and shall pay a tax in the amount of 13 percent of the rent charged by the operator including meals and amenities if included in the charge for occupancy. Said tax constitutes a debt owed by the transient to the City which is extinguished only by payment to the operator or to the City.

B. The transient shall pay the tax to the operator of the hotel at the time the rent is paid Ifthe rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon cessation of occupancy.

C. Iffor any reason the tax due is not paid to the operator of the hotel, the tax administrator may require that such tax shall be paid directly to the tax administrator D. Of the 13 percent tax imposed in paragraph A of this section, 12 percent is a general purpose tax, the revenues of which may be used for any lawful municipal purpose, and 1 percent is a special purpose tax, the revenues of which are dedicated solely for affordable and workforce housing programs and services up to and including, without limitation, land acquisition, land donation, building acquisition, building rehabilitation, building demolition, housing construction, maintaining the community’s supply of mobile homes, providing housing subsidies to lower income residents, and/or preserving existing public subsidies for‘developments facing conversion to market rates and shall be deposited in a separate account. An annual report shall be filed by the City Manager or designee to the City Council in compliance with Government Code section 50075.3 for the special purpose tax revenues collected and expended.” SECTION II: SEVERABILITY.

If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by a court of competent jurisdiction, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby The City Council finds and declares that it would have adopted each and every provision of this ordinance, even if it had not adopted any other provision. 1 Item #8.2.

Page 241 of 342 ends

SECTION III: STATUTORY AUTHORITY FOR TAX.

This ordinance is adopted pursuant to Revenue and Taxation Code section 7280 SECTION IV: ELECTION REQUIRED.

This ordinance shall not become operative unless and until two-thirds of the electors voting on this ordinance approve the imposition of the tax at the General Election to be held on November 6, 2018.

SECTION V: EFFECTIVE DATE.

This ordinance relates to the levying and collecting of the City transient occupancy tax (“TOT”) and shall take effect only if approved by a majority of the voters voting on the measure at the November 6, 2018 General Election, and if approved, shall become effective January 1, 2019.

PASSED, APPROVED, AND ADOPTED BY THE PEOPLE OF THE CITY OF CALISTOGA AT THE REGULAR MUNICIPAL ELECTION HELD ON THE 6THDAY OF NOVEMBER, 2018.

Chris Canning
Mayor
ATTEST:

Kathy Flamson
City Clerk
APPROVED AS TO FORM:

Michelle Kenyon, City Attorney
OAK#4823-4781-4754v1
Item #8.2.

Page 242 of 342 ends

Middle Housing Playbook
for Calistoga, California
Item #8.2.

Page 243 of 342 ends

Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | ii Acknowledgments
City of Calistoga
Laura Snideman, City Manager
Greg Desmond, Planning & Development Director
Urbsworks, Inc.

Marcy McInelly, AIA,
Emily Montalvo Diaz
Elizabeth Nelson
Kevin Howard (Urbinden Design Lab)
David Dinoff (Urbinden Design Lab)
Blue Zones
Sarah Bowman, Vice President, Policy Operations
and Development
Emily Brown, Director of Policy and Transformation
Karla Newton, Director, Operations
Kelly Bond, MPH, Public Policy Advocate, Blue
Zones Project – Upper Napa Valley
Item #8.2.

Page 244 of 342 ends

Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | iii

MIDDLE HOUSING PLAYBOOK TABLE OF CONTENTS
1 Part One: Overview
1 A summary of the plays
3 Part Two: Problems and Solutions
3 Addressing the causes of housing affordability issues 7 Part Three: Playbook
9 Play 1 Evaluate middle housing feasibility across three geographies found in most cities.
13 Play 2 Incentivize middle housing production.
17 Play 3 Analyze your city’s downtown commercial zoning district for its potential to accommodate entry-level, for-sale housing
21 Play 4 Incentivize middle housing production by streamlining approval processes.
25 Play 5 Adopt local amendments to the building code to unlock middle housing.
29 Play 6 Understand the full range of available homebuyer assistance programs.
33 Play 7 Increase the number of local builders and developers who can deliver middle housing.
37 Play 8 Align your city’s inclusionary zoning policy with housing priorities. 41 Appendices Additional references
Item #8.2.

Page 245 of 342 ends

Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | iv urb s w o r k s
PART
01 Item #8.2.

Page 246 of 342 ends

Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 1 Overview 01
Overview
This Middle Housing Playbook is organized to help Calistoga address four common housing affordability issues:
» Cities, including Calistoga, suffer from a lack of housing and housing choices. » It’s expensive to build housing.
» It’s expensive to buy a house.
» Restrictive or arbitrary zoning can make construction more expensive.

Plays
There are eight plays. Play #1 provides a visual key or general rule of thumb for comparing middle housing
feasibility across the three geographies found in most
cities, including Calistoga: Downtown edge, residential infill, and rural periphery. It is intended to answer a common
question that cities ask: How do we enable entry-level
homeownership opportunities while advancing our General Plan goals?
The other seven plays address one or more of the housing affordability problems.

2. Incentivize middle housing production – An
explanation of programs cities and states have used,
such as streamlined approval, pre-approved plans, and
expedited land division.

3. Analyze the downtown commercial zoning district
for its potential to accommodate entry-level, forsale housing.

4. Incentivize middle housing production by
streamlining approval processes – Establish clear
and objective site and design criteria and predictable
approval processes.

Attachment A
Attachment A (see Appendix) Includes additional information about the organizations, programs, or strategies described in the Playbook. Besides linking directly to organizations (where available or applicable), links may include articles, analyses, or research.

5. Adopt local amendments to the Building Code
to unlock middle housing – Enable single-stair
quadplexes and larger forms of housing under
International Residential Code.

6. Increase the number of local builders and
developers who can deliver middle housing –
Through partnerships and a coordinated sequence
of events and programs, build developer capacity
including building long term relationships with local
banks, and provide access to capital though predevelopment loans.

7. Align your city’s inclusionary zoning policy
with housing priorities – A review of Calistoga’s
inclusionary zoning policy, including a review of the
in-lieu fee.

8. Understand the full range of available homebuyer
assistance programs – An itemization of programs;
provide examples of policies and procedures for
administration; how programs can be structured to
serve different target groups (e.g. city employees,
teachers, hospitality workers, general public). Includes down payment assistance.

Item #8.2.

Page 247 of 342 ends

Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 2

PAGE INTENTIONALLY LEFT BLANK
urb s w o r k s
PART
02 Item #8.2.

Page 248 of 342 ends

Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 3 The nine plays in this playbook were selected to address several common housing affordability issues.

Problem: Cities suffer from a lack of housing and housing choices Solution: Permit, encourage, and foster housing abundance – Enable more market-rate housing, meet housing demand, alleviate upward pressure on the market, and allow for filtering in the future. In the housing market, filtering refers to the process by which housing becomes more affordable with age.

Plays which address this problem:
» Evaluate middle housing feasibility across three geographies found in most cities (1) » Incentivize middle housing production (2)
» Analyze your city’s downtown commercial zoning district for its potential to accommodate entry-level, for-sale housing (3)
» Incentivize middle housing production by streamlining approval processes (4) » Adopt local amendments to the building code to unlock middle housing (5) » Increase the number of local builders and developers who can deliver middle housing (7) » Align your city’s inclusionary zoning policy with housing priorities (8) Addressing the causes of housing affordability issues

HOUSING ABUNDANCE
Problems
and Solutions 02Item #8.2.

Page 249 of 342 ends

Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 4 Problem: It’s expensive to build housing
Solution: Provide value for builders who build affordable homes – Land and construction is expensive. Buy down the cost of housing with public money.

Plays which address this problem:
» Incentivize middle housing production (2)
» Analyze your city’s downtown commercial zoning district for its potential to accommodate entry-level, for-sale housing (3)
» Incentivize middle housing production by streamlining approval processes (4) » Adopt local amendments to the building code to unlock middle housing (5) » Increase the number of local builders and developers who can deliver middle housing (7) » Align your city’s inclusionary zoning policy with housing priorities (8) Problem: It’s expensive to buy a house
Solution: Give people money to buy homes – Houses are more expensive than a lot of people can afford. Give public money to help people buy houses.

Plays which address this problem:
» Understand the full range of available homebuyer assistance programs (6) HOMEBUYER HELP

PROBLEMS AND SOLUTIONS

LOWER COST
Item #8.2.

Page 250 of 342 ends

Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 5

VALUE FOR

BUILDERS

PROBLEMS AND SOLUTIONS
Problem: Restrictive or arbitrary zoning can make construction more expensive
Solution: Enable less expensive construction – Building codes and zoning codes can arbitrarily restrict building types that are cheaper to build. Amending local codes can enable smaller-scale housing projects that have a lower financial return for the builder.

Plays which address this problem:
» Evaluate middle housing feasibility across three geographies found in most cities (1) » Analyze your city’s downtown commercial zoning district for its potential to accommodate entry-level, for-sale housing (3)
» Incentivize middle housing production by streamlining approval processes (4) » Adopt local amendments to the building code to unlock middle housing (5) » Increase the number of local builders and developers who can deliver middle housing (7) » Align your city’s inclusionary zoning policy with housing priorities (8) Item #8.2.

Page 251 of 342 ends

Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 6 PART
03 Item #8.2.

Page 252 of 342 ends

Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 7 Playbook 03Item #8.2.

Page 253 of 342 ends

Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 8 PLAY
#1
Item #8.2.

Page 254 of 342 ends

Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 9 Play #1 | Evaluate middle housing feasibility
across three geographies found in most cities
Play #1 provides a visual key or general rule of thumb for comparing middle housing feasibility across the three geographies found in most cities, including Calistoga: Downtown edge, residential infill, and rural periphery. It is intended to answer a common question that cities ask:

How do we enable entry-level homeownership opportunities while advancing our General Plan goals?
The three geographies
» Downtown Edge – Redevelopment of commercial or multifamily parcels on the edges of downtown. This does not include core downtown commercial district or main street parcels except as a transitional land use or accessory use.
» Residential Infill – Redevelopment of smaller parcels in established single-family neighborhoods.
» Rural Periphery – Greenfield development of larger parcels on the edge of town which are mostly undeveloped and zoned as rural residential.

Feasibility Categories
Land Cost
Land cost is one of the primary contributors to housing costs. Increasing housing density can effectively distribute these costs across multiple units, making each unit more affordable. Typically, downtown areas have higher land costs, the periphery has lower costs and established neighborhoods fall in the middle. However, in Calistoga, land prices are uniformly high across all areas.

Consequently, to offer affordable housing for moderate-income and middle-class households, new developments in Calistoga must feature significantly higher density relative to established neighborhoods.

Play #1 | Evaluate middle housing feasibility
across three geographies found in most cities.

Item #8.2.

Page 255 of 342 ends

Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 10 Infrastructure Costs
Middle housing projects often necessitate extending
or upgrading utility and street infrastructure with costs typically passed on to future renters and homeowners.

Downtown areas have robust existing infrastructure,
leading to lower associated costs, while greenfield sites on the periphery require extensive and costly utility service extensions, often making projects infeasible without public subsidies. Established neighborhoods may need minor
infrastructure upgrades to accommodate increased density, resulting in moderate costs.

Downtown and neighborhood infill sites rely on existing streets while greenfield sites typically require new streets.

Since downtown streets are built-out with sidewalks, bike lanes, on-street parking, and water and wastewater piping, downtown housing projects have the lowest infrastructure costs. For neighborhood infill projects, infrastructure costs are comparable with downtown if streets are improved;
however, neighborhood streets may lack sidewalks.

Infrastructure service for peripheral housing faces the highest costs, frequently requiring public subsidies.

Parking Needs
On-site parking is costly to build, and these costs are passed on to future residents through higher rents and
sales prices. Housing on the periphery, being farther
from jobs, amenities, and public transportation increases residents’ reliance on personal vehicles, necessitating more parking spaces per housing unit. Central neighborhoods
and downtown edges benefit from better public transit,
walkability, bike-ability, and shared parking, reducing the need and cost for extensive parking infrastructure.

Downtown projects can often eliminate on-site parking
requirements entirely, while established central
neighborhoods can typically reduce parking requirements to 0.5-1 space per unit, including adjacent street parking.

In contrast, peripheral projects commonly require 2 spaces per unit, and existing street designs often exclude street parking. Although greenfield sites can incorporate alleys, street parking, and commercial neighborhood amenities
to support walkability, they do not substantially reduce automobile dependence.

Additional information about parking strategies to support middle housing can be found in Play 3, Concept B (right-size parking requirements and site design standards to support housing goals).

Building Height & Coverage
Middle housing requires additional height, floor area,
and building coverage compared to single-family homes.

Without flexible development standards, these projects are less feasible. Middle housing has a scale and granularity that is highly compatible with existing single-family
neighborhoods, these projects are modestly more intense than existing single-family properties. This intensity is usually not controversial on the edges of downtowns or
along commercial corridors, where higher activity levels and development concentration are expected. In fact,
middle housing is often a desirable land use transition from commercial areas to single-family neighborhoods.

However, higher-intensity housing on the periphery is
often unpopular due to the stark contrast in intensity from surrounding land uses and the displacement of trees, natural spaces, or agricultural land.

Proposing middle housing in established single-family
neighborhoods is nearly always controversial. Opponents worry about impacts on neighborhood character, property values, and traffic. Overloading public infrastructure such as schools and school crowding is often cited as a concern as well. These neighborhoods are highly desirable, and limiting housing options to single-family homes further drives up housing prices.

Environmental Impact
Middle housing development has varying environmental
impacts based on location. On downtown edge sites, it often replaces old parking lots and low-rise commercial buildings, improving landscaping and environmental performance
in accordance with modern regulations. It also supports car-free or car-light lifestyles, reducing per capita carbon footprints.

In neighborhood infill sites, while it may slightly reduce planted areas or tree canopy coverage, middle housing
development, when paired with sidewalk and street tree
improvements, offsets private vegetation loss and promotes active mobility options. However, on peripheral sites,
middle housing often replaces significant natural spaces or agricultural land, resulting in a substantial environmental impact due to increased impervious surfaces, major
re-grading, and vegetation clearing. Many rural residential properties are also located in hillside areas where substantial regrading is both more necessary for middle housing and more environmentally disruptive. Periphery lots also tend to promote car-dependent lifestyles, contributing to higher per capita VMTs and carbon footprints.

PLAY #1 | EVALUATE MIDDLE HOUSING FEASIBILITY ACROSS THREE GEOGRAPHIES FOUND IN MOST CITIES Item #8.2.

Page 256 of 342 ends

Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 11 Development Approvals
Development approvals are relatively simple for downtown edge sites and neighborhood infill projects. In contrast, greenfield sites on the periphery require more approvals and complex reviews, making them more time-consuming
and costly.

Infill and redevelopment sites typically benefit from existing streets and utilities, whereas peripheral middle housing often necessitates new street construction and off-site infrastructure development.

Rezoning approvals are more challenging when they do not align with the Land Use Element.1 Currently, middle housing is misaligned with rural residential policies, somewhat aligned with medium-density policies, and highly aligned 1 (n.d.). Calistoga General Plan Land Use Element. Calistoga General Plan. https://www.ci.calistoga.ca.us/home/showpublisheddocument/27785/636361424720130000 with high-density residential and commercial land use
designations. While the City Council can amend the Land Use Element and comprehensively rezone the city to meet housing goals, this process is complex, time-consuming, and requires significant community buy-in. Additionally, greenfield development often involves subdividing
large tracts of land, detailed planning, environmental
assessments, and regulatory compliance, making it
more complex and time-consuming compared to infill
development.

Off-site infrastructure upgrades, rezoning challenges, and subdivision processes mean that greenfield development
on rural residential properties face the most challenging approvals, followed by single-family infill, with downtown commercial approvals being the fastest and least complex.

Downtown Residential Infill Rural Periphery
Land cost High Medium Low
Infrastructure costs Low Medium High
Parking needs
Low
0-1 cars typically needed
per household
Medium
1-2 cars typically needed
per household
High
2 or more cars typically
needed per household
Building height & coverage Low controversy High controversy Medium controversy Environmental impact Low Medium High
Development approvals Simple Complex Complex and time
consuming
Table 1. Feasibility assessment matrix
PLAY #1 | EVALUATE MIDDLE HOUSING FEASIBILITY ACROSS THREE GEOGRAPHIES FOUND IN MOST CITIES Item #8.2.

Page 257 of 342 ends

Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 12 PLAY
#2
Item #8.2.

Page 258 of 342 ends

Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 13 Overview of strategies

2.1 Streamline design and development standards
and approval procedures
See Play #4 – Streamline process and approval procedures to incentivize middle housing production.

Lead: City zoning and building department or staff.

Partners: Development community, planning commission.

Benefits: Great benefits; can greatly improve feasibility of middle housing in all geographic areas.

Level of difficulty: High degree of difficulty; complex and time consuming due to the need for public engagement and/or legislative amendments to city zoning.

Where it has been used: Oregon cities.

2.2 Provide pre-approved house plans for ADUs and
middle housing
Several cities provide pre-approved plans for middle housing and ADUs.

Lead: City zoning and building department or staff.

Partners: Development community, planning commission.

Benefits: Medium benefits; can improve feasibility of ADUs or middle housing but may be limited to certain types of housing only (such as ADUs).

Level of difficulty: High degree of difficulty; requires coordination between private and public entities (city permitting and non-government technical specialists), and / or between public agencies that don’t typically coordinate, such as building and development permitting departments.

Where it has been used: City of Lacey, WA; City of Spokane, WA; City of Bend, OR.

2.3 Within walkable and transit served areas, waive
parking requirements for middle housing.

For more information about this strategy, see Play #3 – Analyze your city’s downtown commercial zoning district for its potential to accommodate entry-level, for-sale housing, Concept D.

Play #2 | Incentivize middle housing
production.

Item #8.2.

Page 259 of 342 ends

Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 14 Lead: City zoning and building department or staff
Partners: Business association, local parking management entity.

Benefits: Great benefits; vastly increases feasibility for middle housing in downtown areas.

Level of difficulty: High degree of difficulty due to need for analysis, assessment of risks and benefits, and public engagement; may require modification to administrative
procedures. Execution can be streamlined if waivers are granted administratively as opposed to quasi-judicially.

Where it has been used: Pendleton, OR, McMinnville, OR, and most medium to large Oregon cities.

2.4 Reduce development capacity for a
single dwelling unit.

Reduce allowed floor area ratio (FAR) or other building envelope allowances to reduce the default development
capacity; instead, calibrate maximum development capacity to that needed for a compact middle housing dwelling type, then bonus back additional FAR for additional units (see next strategy).

Lead: City zoning and building department or staff.

Partners: Building and development applicants.

Benefits: Great benefits; cities who have instituted this program have seen an increase in development applications for smaller, compact dwelling units.

Level of difficulty: High degree of difficulty; requires coordination between public agencies who don’t typically coordinate, such as building and development permitting departments; requires more tracking and administration by development permitting staff.

Where it has been used: Portland, OR; other cities.

2.5 Grant development capacity bonus for 2
or more dwelling units.

In conjunction with the previous strategy, grant additional floor area ratio (FAR) or other building envelope allowances to reward a second dwelling (or additional dwellings) on a single lot.

Lead: City zoning and building department or staff.

Partners: Building and development applicants.

Benefits: Great benefits; cities who have instituted this program have seen a dramatic increase in multiple dwelling units housing types, such as quadplexes.

Level of difficulty: High degree of difficulty; see strategy 2.4.

Where it has been used: Portland, OR; other cities.

2.6 Enact zoning changes to permit and
streamline middle housing.

For more information about this strategy, see Play #3 – Analyze your city’s downtown commercial zoning district for its potential to accommodate entry-level, for-sale
housing; Play #4 – Incentivize middle housing production by streamlining approval processes, and Play #5 – Adopt local amendments to the building code to unlock middle housing.

Lead: City zoning and building department or staff.

Partners: Development community, planning commission.

Benefits: Great benefits; will vastly improve feasibility of middle housing in all geographic areas.

Level of difficulty: High degree of difficulty due to need for public engagement; will require modifications to the zoning code. Execution can be streamlined if more approvals are set to be processed administratively. This strategy is “scalable,” meaning it can be applied to a single neighborhood or zone district as a pilot project or test; if successful can be extended to other areas or applied citywide. Scalable also means the strategy can be initially applied to selected housing types such as ADUs, then expanded.

Where it has been used: All medium to large Oregon and
Washington cities; many California cities.

2.7 Adopt a form base approach toward
middle housing.

For more information about this strategy, see Play #3 – Analyze your city’s downtown commercial zoning district for its potential to accommodate entry-level, for-sale
housing; Play #4 – Incentivize middle housing production by streamlining approval processes, and Play #5 – Adopt local amendments to the building code to unlock middle housing.

Lead: City zoning and building department or staff.

Partners: Development community, planning commission.

Benefits: Great; will vastly improve feasibility of middle PLAY #2 | INCENTIVIZE MIDDLE HOUSING PRODUCTION
Item #8.2.

Page 260 of 342 ends

Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 15 housing in any geographic areas to which it applies; is scalable (see Strategy 2.6).

Level of difficulty: High; similar to Strategy 2.6.

Where it has been used: Most medium to large Oregon cities.

2.8 Build small developer local capacity.

Provide local, aspiring developers training and mentorship to help them take the first steps toward developing their own small-scale real estate development projects. In addition to organizations named in Play #5, Incremental Development Alliance is an organization that provides education and coaching. See Play #7.

Lead: City zoning and building department or staff and small developer program.

Partners: Business association, financing institutions, housing authority, affordable housing providers, development
community.

Benefits: Great benefits; vastly increases likelihood that middle housing will be built.

Level of difficulty: Medium degree of difficulty due to less public engagement than is required for other strategies.

Where it has been used: Memphis, TN

2.9 Coordinate with local financing
institutions.

Along with building small developer capacity, highlight local banks’ financing packages or programs available for middle housing and/or ADUs.

Lead: Permitting center and staff, community engagement department or staff.

Partners: Business association, financing institutions, housing authority, affordable housing providers, development
community.

Benefits: Great benefits; similar to Strategy 2.8.

Level of difficulty: Medium degree of difficulty; similar to Strategy 2.8.

Where it has been used: Lacey, WA
PLAY #2 | INCENTIVIZE MIDDLE HOUSING PRODUCTION

2.10 Make the new Accessory Dwelling Unit
federal housing allowances explicit.

Among other new rule changes regarding ADUs, new federal housing policies allow 75% of the estimated ADU rental
income for some borrowers to qualify for an FHA-insured mortgage on a property with an existing ADU. Additional income flexibility helps increase access to homes with ADUs for homebuyers with limited incomes, allowing them to
benefit from the wealth-building opportunity of a property with an ADU.

Lead: Permitting center and staff, community engagement department or staff.

Partners: Business association, financing institutions, housing authority, affordable housing providers, development
community.

Benefits: Modest benefits; limited to ADUs.

Level of difficulty: Low degree of difficulty; as an
informational campaign, it can be implemented by a number of public and private entities.

Where it has been used: ADU development consultants and ADU educational resources.

2.11 Make “visualizing middle housing”
and “visualizing density” presentations,
publications, and tours broadly available.

Assemble and make available middle housing examples in the local area; provide images and data about density, livability, and affordability of ADUs and middle housing. Encourage selfled tours and organized tours for local planning commissions or elected officials.

Lead: Community engagement department or staff.

Partners: Development community, planning commission,
supportive neighborhood representatives, affordable housing providers and advocates.

Benefits: Great benefits; physical tours and presentations of actual, built middle housing have been successful at building public support for middle housing and positively changing elected and appointed officials’ policy decisions.

Level of difficulty: Low degree of difficulty; similar to Strategy 2.10.

Where it has been used: Oregon DLCD (Department of Land Item #8.2.

Page 261 of 342 ends

Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 16 PLAY
#3
Item #8.2.

Page 262 of 342 ends

Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 17 Middle housing which serves as entry-level for-sale housing has historically played an important role in downtowns, and was especially common in transitional areas surrounding downtowns, one or one-half block back from core areas, or corridors or highways extending from downtown areas. For the purposes of this study, it is assumed that entrylevel, for-sale housing may take the form of:
» Compact housing that is attached (not stacked), on fee-simple lots, such as rowhouses, or attached and stacked duplexes, triplexes, four-plexes, or
» Small apartment buildings with a condominium or equity ownership arrangement.

While such housing was common in the past, new construction of such housing (as well as revitalization of pre-existing housing) is prevented these days by land use codes and parking requirements. This is true for both rental and ownership housing.

Surburban-style parking requirements pose a particular barrier to middle housing. As acknowledged in Calistoga’s development code, specifically

17.36.1101
regarding in-lieu parking provisions: “The in-lieu parking program is developed to recognize the uniqueness of the downtown business core, recognize structures established when automobiles were not a primary mode of transportation and to facilitate the continued development of the downtown business core without compromising the character of the downtown.” That is why several concepts and strategies described in this play recommend parking reforms.

Concept A - Permit higher intensity middle housing in
commercial zones
Downtown areas and downtown business districts have historically included traditional forms of middle housing, such as duplexes and small apartment buildings, often called garden apartments. It was common to find a “transition zone” around downtown areas or extending along historic highways and corridors that were middle housing friendly, especially if they were walkable. Because of this historic development pattern, rezoning for higher intensity development is typically not controversial.

Specific strategies that support the concept
1 City of Calistoga (n.d.). Chapter 17.36 OFF-STREET PARKING AND LOADING.

Calistoga Municipal Code. https://www.codepublishing.com/CA/Calistoga/ html/Calistoga17/Calistoga1736.html#17.36.110
Play #3 | Analyze your city’s downtown
commercial zoning district for its potential to
accommodate entry-level, for-sale housing
Item #8.2.

Page 263 of 342 ends

Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 18 PLAY #3 | ANALYZE YOUR CITY’S DOWNTOWN COMMERCIAL ZONING DISTRICT FOR ITS POTENTIAL TO ACCOMMODATE

ENTRY-LEVEL, FOR-SALE HOUSING
» In a zoning code that is attempting to allow a wider
range of household living options, it is preferable
to list housing types separately from land uses for a
few reasons: homeownership laws change over time
(an example is condominium laws), and it is easier
to coordinate with building codes, especially when
they are updated. With the reintroduction of middle
housing, how homebuilders and developers respond
to changing demographics and household needs
will evolve and housing types are a more precise
description of the intended development.
» Distinguish housing types from land uses in permitted uses. Create a new housing type table that shows
which housing types are permitted in each zone to
clear up the confusion between use types and housing
types.
» Expand the forms of residential types that are
permitted in commercial zones.
» In mixed-use area, permit standalone residential
development. Mixed-use should be permitted within
the district, property, and building, but not required.

Zoning codes create problems when they prescribe
percentages of land uses to every building within a
zoning district. Instead, adopt a form based, locationspecific strategy for ground floor retail uses (see “required retail” provisions in the next bullet). The
building code addresses issues of use separation
and compatibility; additional regulations concerning
the mix of uses is not necessary, and can stifle
development when the market shifts. This trend in
zoning codes, which many cities adopted in the 1980’s
and later, has had devastating effects on the feasibility of downtown housing. Where such provisions continue
to exist, they should be removed.
» If a ground floor “required retail” provision applies to the downtown, carefully consider and limit where it
applies. Limit locations to specific downtown streets
and frontages where retail or retail-supporting
storefront design is critical. This is a more positive form based approach and doing so will remove a major
barrier to residential uses downtown.
» Broadly permit vertical and horizontal mixed-use.

Limitations on the percentage, share, or location of
residential uses should be eliminated to promote
flexibility in design and encourage development of
residential projects.
» Amend the zone with a purpose statement explicitly
supporting and describing the objective for a mix
of ownership and rental housing in the downtown.

Explicitly name middle housing forms as an objective
for the zone district.

Concept B – Right-size parking requirements
and site design standards to support
housing goals
Middle housing is not feasible without some relief
from conventional suburban parking requirements.

Financial studies typically direct cities to address parking requirements as a way to lower housing barriers and
increase housing feasibility. Specific recommendations
include reducing or removing minimum parking
requirements and modifying parking lot siting and parking standards.

Surface parking adds cost to housing, and of course costs increase when a structure is required. The cost of providing parking works against goals to provide more housing at
price levels that are affordable and attainable. Given site and cost constraints, parking requirements prevent needed housing from being built.

Specific strategies that support the concept
» On-street parking and shared parking options
become very important for land uses that are space
constrained, such as middle housing.
» Parking dimensions and maneuvering requirements
that typically apply to apartment development should
not be applied to middle housing. Instead, “rightsize” parking lot siting standards for middle housing.

Typically, middle housing developments of more than
four units but less than eighteen need relief from
multi-family parking standards.
» Providing high quality, safe, secure, and easy-to-access bicycle parking is important to reducing car usage.

Middle housing consisting of more than four units
should require bicycle parking, however, they should
be right-sized for middle housing.

Item #8.2.

Page 264 of 342 ends

Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 19 PLAY #3 | ANALYZE YOUR CITY’S DOWNTOWN COMMERCIAL ZONING DISTRICT FOR ITS POTENTIAL TO ACCOMMODATE

ENTRY-LEVEL, FOR-SALE HOUSING
» Mid-century parking zoning practices require more
parking to be “on site” (i.e., off the street, or off-street) and as a result, housing is physically and financially
infeasible. Small changes to requirements can make a
big difference:
» Reduce the amount of horizontal landscaping.

Instead, provide options to meet landscape
objectives through less land-intensive measures.

Examples include vertical landscaping (e.g., green
walls), or low fences and walls.
» Reduce the parking requirement per dwelling unit.

Reductions as small as changing 2 to 1 or 1.5 to 1
can improve a middle housing project financial pro
forma.
» Eliminate or waive parking requirements in
walkable, transit-served areas. Instead, leave the
amount of parking which must be provided for
a residential development to the developer and
their financier to determine. Developers and banks
are risk-averse and therefore conservative in their
judgment of how much parking the development
must provide to be marketable. Along with this
strategy, consider adopting a maximum amount
of parking that is permitted on site, as many cities
have done.
» Instead of requiring parking spaces in garages
attached to or next to each dwelling unit, allow
clustered parking. Clustered parking is small,
shared parking areas that serve an entire middle
housing development.
» Expand downtown in-lieu parking allowances to
middle housing.
» Eliminate the requirement for required parking space
to be provided on the same site as the dwelling.

Instead, allow shared parking and remote parking in
proximate locations (i.e., within 150 feet), and allow
on street parking to count toward some or all of the
required parking spaces.
» In conjunction with eliminating or waiving parking
requirements for downtown residential uses, consider
establishing a managed parking district within which
the supply and demand of parking is managed through
timed parking, signage, and enforcement.

Concept C – Establish appropriate design
strategies for residential development in
downtown or corridor context areas
In infill neighborhood contexts, middle housing is
encouraged to “fit in” to the dominant physical form
established by single dwelling residential structures (i.e., to fit into a building envelope shaped like a house). A similar form based code approach can be used to encourage
residential structures to “fit in” to a business district where maintaining a traditional downtown building form is desired (i.e., a traditional boxy, flat-topped main street-oriented building). Adjustments should be made to accommodate
housing instead of commercial uses.

Specific strategies that support the concept
» Adjust commercial building design standards to
accommodate ground floor residential uses. This
includes allowing (or requiring) building lobby
setbacks and residential entry courtyards.
» Require vertical and horizontal separation to ensure
ground floor residential privacy; use a form based
approach, clear and objective standards, and a menu
approach (see Play #4 – Incentivize middle housing
production by streamlining approval processes).
» Provisions that increase or accelerate the development of a walkable downtown will support middle housing
and ownership housing downtown. Improvements
such as through-block pedestrian and bicycle
connections, mid-block crossings, lighting, wayfinding
signage, attractive and safe walking routes to
parking all help, as does frequent transit service and
comfortable, safe, and easily accessible waiting areas.

Providing downtown residents with secure, sheltered
bike parking makes life without a car (or fewer
cars) feasible. Besides being important for general
downtown vitality, mid-block crossings provide access
to shared parking facilities on adjacent blocks, which
may make some residential projects more feasible.

Item #8.2.

Page 265 of 342 ends

Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 20 PLAY
#4
Item #8.2.

Page 266 of 342 ends

Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 21 Establish clear and objective site and design criteria
and predictable approval processes.

Middle housing
The term “middle housing” refers to forms of housing that are neither large-scale apartments (dwelling units inside an apartment building) nor a single detached house on a typical fee-simple lot. In between these two types of dwelling units exists myriad other housing forms, such as cottages, courtyard apartments, duplexes, triplexes, quadplexes, and rowhouses. These housing types are often called “middle housing.” Historically, middle housing was a common sight in US cities. The advent of zoning and development regulation in the 1920’s resulted in the eventual exclusion of these housing types in favor of single detached houses on fee-simple lots. This process was hastened in the years after World War II, with vast federal investment in housing through the GI Bill and other programs. This led to the expansion of suburban areas, where cities adopted further zoning restrictions that limited or prohibited middle housing. The “single-family” zoning that was adopted on a widespread basis by US cities dictated the size of residential lots; the form and shape of dwellings; the types and numbers of households that could live in them; and requirements to provide parking on the same site as the dwelling.

A brief history of discretionary review of housing
During the postwar period, single family suburbs expanded, middle housing disappeared, and multi-family housing in the form of apartment buildings was segregated to specialized zones. During this period, federal home loan programs favored single family-zoned areas that were intentionally racially exclusive, requiring that housing developments include codes, covenants, and restrictions that precluded the purchase of homes by racial, ethnic, and religious minorities.

Additional design scrutiny for multi-family apartment buildings became the norm for most US cities. The outward logic was, apartment housing should be tightly controlled, limited to certain areas, and provide no negative impact on single family zones; meanwhile, single-family homes were not subject to similar design scrutiny. Review procedures used legislatively approved criteria such as standards for landscape buffers, architectural style, roof slope, etc., but discretion could also be used to deny or delay projects.

Play #4 | Incentivize middle housing
production by streamlining approval processes
Item #8.2.

Page 267 of 342 ends

Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 22 Design review that involves discretion and that is targeted at preventing or delaying multi-dwelling residential
development persists in many city zoning codes today,
even while middle housing is gaining support, concepts of fairness in housing and housing choice are not just federally mandated but popularly supported, and segregating
communities along racial, ethnic, or religious lines is prohibited.

Fairness
With new state legislation requiring middle housing in
single family zones, the distinction between multi-family versus single-family housing dissolves. Accessory dwelling units and duplexes are by definition multiple dwellings on one lot, therefore they are synonymous with multi-family housing.

In response to this shift, cities are changing terms and definitions in their zoning codes, and now refer to
“dwellings” instead of “families” (e.g., multi-dwelling as opposed to multi-family). Zoning by housing type instead of by multi-family and single family (e.g., duplexes, triplexes, etc.) is now common.

Middle housing reforms are focused on allowing middle
housing—duplexes, for example—on all lots that permit
only single detached houses, and removing barriers that limit such housing. Reforms require that approval criteria or procedures must be applied equally to all types of housing, whether single- or multi-dwelling. Criteria used to approve housing must be “clear and objective,” that is, measurable or verifiable. Compliance is provided with yes or no answer (i.e., no discretion and no conditions of approval). The most successful clear and objective design approval systems use a form based approach, apply dimensional standards and
menu options, and are administratively processed.

Clear and objective design approval is more fair. It ensures that multi-dwelling housing is subject to the same
approvals that single-dwelling housing has enjoyed. It
ensures that discretionary approval cannot be abused to exclude homes for certain people or families. The benefits are greater fairness and compliance with federal fair housing laws, but also predictability for developers and affordable housing providers. It is an important reform to address the housing crisis.

Basic elements of a clear an objective system
Projects are approvable because they comply with:
» Dimensional standards or percentages (i.e., linear feet, square feet, 50%).
» The required number of menu options (if menu
options are used).
» A form based approach (e.g., proposed development
fits into a pre-defined shape such as a building
envelope).
» An administrative procedure and are not subject to
design review or discretionary process.

Example – A model code for clear and objective design
standards
Table 2 (next page) is an excerpt of a model code for
design standards applicable to all forms of single dwelling and middle housing. The system can even be adapted for
application to apartment or mixed-use buildings.

Model code design objectives - Establish a minimum level of design standards for all types of dwelling units which promote attention to detail, human-scale design, street visibility, and privacy of adjacent properties, while affording flexibility to use a variety of architectural styles. Site design standards are intended to facilitate the development
of attractive housing that encourages multimodal
transportation.

Table 2 (next page) is an example listing of design
objectives, design standards, and applicability.

PLAY #4 | INCENTIVIZE MIDDLE HOUSING PRODUCTION BY STREAMLINING APPROVAL PROCESSES Item #8.2.

Page 268 of 342 ends

Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 23 Design objectives (examples) Where it should be applied (examples) Articulation – All street-facing buildings must incorporate design elements that break up façades into smaller planes.

To all street-facing façades, or façades facing shared open space such as a cottage cluster or courtyard apartment
common green. Apartments must meet these standards for
all ground floor units that face the street.

Eyes on the street – A certain percentage of the area of each street-facing façade must be windows or entrance doors.

Main entrance – On street-facing façades, at least 1 main entrance must meet standards for location, orientation, and visibility.

Detailed design – All street-facing buildings must include several features selected from a menu.

Transitional space – Governing public-to-private transition for privacy, ensuring that there is vertical or horizontal separation from the public realm, providing security and visibility.

The transitional space between the public realm and the entry door may be either vertical or horizontal, as described in the standards.

To ground floor dwellings:
» With access from the street or shared open space (e.g., a common open space).
» Where the access entry door is within a certain number of feet of the street facing property line (or within the front setback).
» When access entry door is within ten feet of a shared open space common tract or easement.

Design of common open space – Governs minimum amount
of open space, location, orientation of dwelling units to open space, etc.

To any dwelling type that requires shared open space, such as cottage cluster or courtyard apartment.

Shared or clustered parking areas – Governs parking lot location, landscaping, and screening. Applies to middle housing with four or more parking spaces.

Table 2. A model code for clear and objective design standards PLAY #4 | INCENTIVIZE MIDDLE HOUSING PRODUCTION BY STREAMLINING APPROVAL PROCESSES Item #8.2.

Page 269 of 342 ends

Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 24 PLAY
#5
Item #8.2.

Page 270 of 342 ends

Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 25 Enable single-stair quadplexes (and larger forms
of housing) under International Residential Code
(IRC).1
Neighborhood-scale apartment buildings, also known as “missing middle housing,” were once a vital source of naturally affordable housing in California and nationwide. However, these housing types have been largely eliminated from US cities due to restrictive zoning and building codes. While many cities have reformed zoning codes to encourage middle housing, far fewer have addressed building code barriers.

Current regulatory landscape in Calistoga
In Calistoga, construction of 1- and 2-family dwellings and townhouses up to three stories is governed by the International Residential Code (IRC). This excludes small multi-unit buildings with 3-6 units, which are regulated by the International Building Code (IBC).2 The IBC, designed for large-scale commercial buildings, imposes standards that significantly increase construction costs for small multi-unit buildings compared to those built under the IRC. Additionally, there is a scarcity of subcontractors skilled in small-scale IBC projects, whereas home builders familiar with the IRC are common in most markets.

Key differences between IBC and IRC
Major differences between IBC and IRC construction standards involve advanced methods for fire safety and structural reinforcement. However, buildings with 3-6 units are more similar in scale, structure, and use to single-family homes or duplexes than to large apartment buildings. In fact, small multi-unit buildings offer more compartmentalization, thus offer more fire protection per square foot than single-family homes of similar size.

California limitations to local code amendments
California adopts building codes at the state level while authorizing local governments to amend these codes (Cal. Code of Regs., Title 24).3 Local
amendments must be supported by express findings and are restricted to changes necessary due to local climatic, topographical, geological, or environmental conditions. These amendments can be equally or more 1 International Code Council (n.d.). International Residential Code. https://www. iccsafe.org/products-and-services/i-codes/2018-i-codes/irc/ 2 International Code Council (n.d.). The International Building Code. International Code Council (n.d.). International Residential Code. https://www.iccsafe.org/ products-and-services/i-codes/2018-i-codes/irc/
3 California Department of General Services, Division of the State Architect (n.d.).

Overview Title 24. Building Standards Code as Adopted by the Division of the State Architect. https://www.dgs.ca.gov/DSA/Resources/Page-Content/Resources-List-Folder/Overview-Title-24-Building-Standards-Code Play #5 | Adopt local amendments to the
building code to unlock middle housing
Item #8.2.

Page 271 of 342 ends

Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 26 restrictive but not less restrictive than the state-adopted building code. Although the State does not assess the merits of the express findings, it will reject amendments that are not “reasonably necessary” due to the aforementioned local conditions.

Precedents
In some states, local amendments can be adopted by a
popular vote from the City Council. For instance, in 2022, the Memphis City Council adopted a local building code
amendment allowing buildings with up to 6 units to be
included in the IRC. While California’s restrictions on local amendments complicate Calistoga’s ability to implement
quick building code reforms, recent precedents indicate a growing appetite for state-level building code changes to facilitate more affordable and livable urban housing, even with perceived impacts on fire safety:
» In 2023, California and Washington adopted state-wide building code changes allowing apartment buildings
up to 6 stories with a single means of egress.
» In 2023, the Oregon legislature passed a bill requiring the Department of Consumer and Business Services
to update Oregon Structural Specialty Code to allow
single-exit residential occupancies.
» In 2023, North Carolina House Bill 488 made a similar change to include buildings with up to 4 units under
the State residential code. conditions.
» In 2022, an architect in Washington State, working
with the Seattle AIA (American Institute of Architects) Housing Task Force, requested the State to regulate
buildings up to 6 units under the IRC. In 2024,
Washington House Bill 2071 initiated the process for
these modifications.

Code amendment alternatives
Without a local ordinance or code amendment, California allows local building departments to approve alternative materials and construction methods for residential
structures, even if not explicitly permitted by the state building code. Local departments can approve these
alternatives on a case-by-case basis if they meet or exceed the performance, safety, and health protection standards of the California Building Standards Code.4
Local departments
may also require tests to substantiate the performance of these alternatives.
4 California Department of General Services, Division of the State Architect (n.d.). Building Standards Commission. California Department of General Services. https://www.dgs.ca.gov/BSC/ Codes
PLAY #5 | ADOPT LOCAL AMENDMENTS TO THE BUILDING CODE TO UNLOCK MIDDLE HOUSING Item #8.2.

Page 272 of 342 ends

Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 27 Recommendations
If Calistoga would like to promote naturally affordable middle housing building types, the City should reform
building code to enable the construction of up to 6 unit buildings to be regulated by IRC.
» Local Amendment – If the City can make express
findings that this amendment is necessary due to local
climatic, topographical, geological, or environmental
conditions, Calistoga should work to get buy-in from
local builders, code officials, and fire officials and
adopt this local amendment to building code and file
the amendment with the California Building Standards
Commission.
» State Code Change – If express findings cannot
be made that “reasonably necessitate” these local
amendments, Calistoga may consider collaborating
with their local AIA chapter to submit a request to
change the California Building Standards Code to
either allow up to 6 units under IRC or, adopt enabling legislation that allows local governments to make this
change as a local amendment.
» Pre-Approved Alternatives – While this code change
request is being processed, Calistoga should consider
working with their local code officials and building
officials to study and create pre-approved alternative
construction methods that allow up to 6 unit
residential buildings to be constructed to standards
equivalent to the IRC.

PLAY #5 | ADOPT LOCAL AMENDMENTS TO THE BUILDING CODE TO UNLOCK MIDDLE HOUSING Item #8.2.

Page 273 of 342 ends

Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 28 PLAY
#6
Item #8.2.

Page 274 of 342 ends

Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 29

STRATEGY / BRIEF DESCRIPTION LEAD

ORGANIZATION

WHO CAN
APPLY

WHERE IT

APPLIES
Proximity Workforce Housing Program – Down
payment assistance loan (up to 16.5% of purchase
price)
Napa County
Person
working in
Napa County,
up to 120 AMI
Napa County
Affordable Accessory Dwelling Unit Forgivable
Loan Program – Forgivable loan for ADU
production plus assistance for costs (e.g. closing
costs); must rent to low-income household for 5
years
Napa County Homeowner
(any income) Napa County
California Dream for All Shared Appreciation
Loan – Down payment assistance loan (up to 20%
of purchase price)
California
Housing
Finance
Agency
First-time
/ firstgeneration
homebuyers
California
MyHome Assistance Program – Additional down
payment assistance loan (3.5% of purchase price)
California
Housing
Finance
Agency
First-time
homebuyers California
Golden Opportunities Program - Down payment
assistance loan (up to %5 of purchase price)
Golden State
Finance
Authority
Homebuyer ≤
80% AMI California
Mortgage Credit Certificate – Mortgage interest
tax credit (up to 20% of mortgage interest paid per
year)
Golden State
Finance
Authority
First-time
homebuyers,
Qualified
Veteran, or
home in
Targeted Area
California
Table 3. An overview of homebuyer assistance programs
Itemize and detail programs to serve different
target groups (e.g. city employees, teachers,
hospitality workers, general public). Include down
payment assistance programs.

Play #6 | Understand the full range of available
homebuyer assistance programs
Additional information about each of these programs is provided on the following pages as well as in Appendix A.

Item #8.2.

Page 275 of 342 ends

Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 30 Detailed Proximity Workforce Housing Program – Napa
County
Description: “The purpose of the Proximity Workforce
Housing Assistance Program (the “Proximity Housing
Program”) is to assist low- and moderate-income households to purchase a home close to their place of work. The
Proximity Housing Program is intended to strengthen
the jobs-to-housing nexus for members of the Proximity
Workforce by increasing housing opportunities that are
affordable and reducing displacement of those members
who may otherwise choose to purchase homes outside of
the County due to lower home prices.”1
Assistance: Down payment assistance up to 16.5% of
purchase price. The assistance is provided through a 55-year loan that is repaid upon transfer/sale of the home.

Eligible homebuyer: Persons employed for 30+ hours a week in Napa County earning up to 120% of Area Median Income.

Affordable Accessory Dwelling Unit Forgivable Loan
Program – Napa County
Description: The Affordable ADU Forgivable Loan Program provides existing Napa County homeowners a forgivable
loan to construct an accessory dwelling unit on their
property and lease it at an affordable rate to a low or moderate income household for five years, incentivizing the creation of affordable rental housing. The forgivable loan is intended to be used in conjunction with funds from CalHFA ADU Loan Program or other lenders and/or personal savings.

Assistance: Loan of up to $105,000 that is forgiven after 5 years.

The assistance varies depending on the number of
bedrooms for the ADU to be constructed.
» Studio: $25,000
» 1-Bedroom: $60,000
» 2-Bedroom: $85,000
Up to $20,000 in additional assistance is available for the following uses:
» Permit fees for construction within unincorporated
areas
» Use fees for pre-reviewed plans from Napa Sonoma ADU
1 (n.d.). PROXIMITY WORKFORCE HOUSING ASSISTANCE GUIDELINES. County of Napa. https://www.countyofnapa.org/DocumentCenter/View/1298/Proximity-Housing-Homebuyers-Assistance-Program-Guidelines-PDF?bidId= » Closing costs and fees related to conventional
financing
» Escrow account administrative fees
» CalHFA State grant fund fees
Eligible household: Any homeowner-occupant, regardless
of income, that is constructing an ADU on their property and agrees to lease the finished ADU to a household
earning no more than 80% of the Area Median Income at
a rental rate not to exceed the maximum monthly rate set by the California Department of Housing and Community
Development for five years.

California Dream For All Shared Appreciation Loan –
California Housing Finance Agency
Description: This program offers down payment assistance to eligible homebuyers and is intended to be paired with the Dream For All Conventional first mortgage. To participate, a homebuyer must apply for a voucher. Vouchers are provided to applicants on a randomized basis. The opportunity to apply for a voucher closed on April 29, 2024. The homebuyer must utilize a CalHFA approved mortgage lender.

Assistance: The program offers up to 20% of the purchase price of a home for down payment or closing costs
assistance, not to exceed $150,000. Payments on the loan are deferred for 30 years, at which point they are forgiven.

However, if there is a transfer or sale of the home, the loan is repaid plus up to 20% of any appreciation in the home’s value.

Eligible homebuyer: The borrower must be a first time
home buyer and be a first-generation homebuyer. The buyer must also have a household income below the Dream For
All Shared Appreciation Loan Income Limits, which for Napa County in 2024 was $205,000. The homebuyer must also
have applied for and received a program voucher.

PLAY #6 | UNDERSTAND THE FULL RANGE OF AVAILABLE HOMEBUYER ASSISTANCE PROGRAMS Item #8.2.

Page 276 of 342 ends

Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 31 MyHome Assistance Program – California Housing
Finance Agency
Description: The MyHome Assistance Program provides
deferred-payment junior loans to assist with down payment and/or closing costs. The homebuyer must utilize a CalHFAapproved lender.

Assistance: The assistance is the lesser of 3.5% of the purchase price or appraised value. MyHome may be layered with other down payment assistance programs. This
assistance is a deferred payment loan, but may carry an interest rate. The MyHome loan has a term of 30 years. While repayment is deferred over the life of the loan, principal and interest become due in the event of a transfer or sale of the property.

Eligible homebuyer: A homebuyer must be a first-time
homebuyer and have a household income that does
not exceed the CalHFA First Mortgage and Subordinate
Mortgage income limits, which was $256,000 for Napa
County in 2023.

Golden Opportunities Program – Golden State Finance
Authority
Description: The Golden Opportunities Program provides
down payment assistance up to eligible homebuyers
borrowing a first mortgage from a GSFA approved mortgage lender. A portion of this down payment assistance is fully amortized with monthly payments.

Assistance: The program provides up to 3.5% of the first mortgage loan amount in down payment assistance in
the form of a second mortgage. The second mortgage
is amortized over 15 years with monthly payments and
carries the same interest rate as the first mortgage. There are optional gift funds in the amount of 1.5% of the first mortgage loan amount, totalling up to 5% in total down
payment assistance from the program. The availability of the gift funds are subject to market conditions and do not need to be repaid.

Eligible homebuyer: Unlike other down payment assistance programs, the homebuyer does not need to be a first time homebuyer. The homebuyer must have a household income
at or below 80% of the Area Median Income.

Mortgage Credit Certificate – Golden State Finance
Authority
Description: The Mortgage Credit Certificate (MCC) can
be issued to eligible first-time homebuyers at the time that they close on their mortgage loan. The MCC allows the
new homeowner to file for a tax credit on the following year’s federal income tax return, and every year thereafter through the term of the original purchase loan, resulting in a reduction of federal income tax liability. The availability of MCC funds is subject to availability and provided by the California Debt Limit Allocation Committee.

Assistance: The amount of the tax credit provided by the MCC is equal to 20% of the annual mortgage interest paid.

This credit is provided through filing federal income taxes in the calendar years following the home purchase.

Eligible homebuyers: The homebuyer must be a firsttime homebuyer, a Qualified Veteran, or the home must be located in a Targeted Area.

PLAY #6 | UNDERSTAND THE FULL RANGE OF AVAILABLE HOMEBUYER ASSISTANCE PROGRAMS Item #8.2.

Page 277 of 342 ends

Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 32 PLAY
#7
Item #8.2.

Page 278 of 342 ends

Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 33 Through partnerships and a coordinated sequence
of events and programs, build developer capacity
including building long term relationships with
local banks, and providing access to capital though
pre-development loans.

Local small real estate developers play a pivotal role in the economic growth and vitality of communities. However, they often face significant challenges in accessing resources, navigating regulations, and scaling their operations. Recognizing this, local governments can play a vital role in empowering these developers through targeted capacity-building programs. This strategy outlines a comprehensive plan for a program aimed at enhancing the capabilities of small real estate developers within our jurisdiction.

The sequence of events described below is focused on middle housing, not ADUs, although a similar series of ADU-specific courses could be adapted from this strategy. See Appendix A for ADU courses offered by organizations and consultants. If the desire is to build capacity for ADU development, keep in mind that the ADU development community is typically homeowners with little or no development experience. Further, access to construction financing is usually limited to homeowner loans, such as a HELOC (Home Equity Line of Credit). Programs and partners for an ADU-specific effort would therefore need to be customized for the audience; e.g., new entrants into the homebuilding industry.

A potential capacity-building program would span a duration of 12 months, consisting of a series of workshops, seminars, networking events, and one-on-one mentoring sessions. These sessions will provide developers with essential knowledge, skills, and resources required to be successful in developing housing in Calistoga. The program structure could include:
» Quarterly workshops and seminars could cover various topics such as real estate finance, zoning and land use regulations, project management, market analysis, and community engagement. These sessions could be conducted by industry experts, government officials, and successful developers. Sessions could be in person, online or hybrid formats.

Play #7 | Increase the number of local builders
and developers who can deliver middle housing
Item #8.2.

Page 279 of 342 ends

Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 34 » Each participating developer could be paired with
a seasoned mentor from the local real estate sector.

Mentors could provide personalized guidance, advice,
and networking opportunities to help developers
navigate challenges and capitalize on opportunities.
» Regular networking events would facilitate
collaboration, knowledge sharing, and partnership
building among developers, local officials, financial
institutions, and community organizations.
» Developers will have access to technical assistance
resources, including assistance with business planning, financial modeling, permit processing, and accessing
public incentives.

Criteria would need to be defined in order to identify and select the developers who would participate in the program.

Criteria could include:
» A demonstrated commitment to increasing the
diversity of housing in Calistoga, and an alignment
with best practices in planning, design and
construction of middle housing.
» Some experience with real estate development: while
the program would be intended to build the capacity
of small-scale developers, it is recommended that the
developers have at least some past experience with
real estate development. A program like this is not
intended to be for new entrants into the industry.
» Developers should have the potential for growth and
scalability. This could be evaluated by their plans,
goals, and the health of their current finances.

Several successful small developer programs have been
implemented in the US, serving as valuable references for designing our program. Examples include:
» Capital Impact Partners Equitable Development
Initiative: In an effort to better ensure that real estate developers truly reflect their city’s diversity and that real estate developers of color are able to participate in growth and revitalization efforts, Capital Impact
Partners have launched the Equitable Development
Initiative in over half a dozen cities across the country.

The program combines local knowledge, partnerships,
and Capital Impact Partners’ key strengths – including
program design and project financing – to support
developers of color to grow their careers and support
communities.
» NYC Small Developer Boot Camp: A program
launched by the New York City Department of Housing
Preservation and Development to provide technical
assistance, financing, and networking opportunities
to small developers focused on affordable and middle
housing.
» Small Developer Boot Camp, Portland: A
comprehensive training program offered by the
Portland Development Commission to support small
developers in navigating the complexities of real
estate development in Portland.
» San Francisco Small Sites Program: A city-led
initiative aimed at preserving affordable housing by
providing financing and technical assistance to small
developers acquiring and rehabilitating small rental
properties in San Francisco.

PLAY #7 | INCREASE THE NUMBER OF LOCAL BUILDERS AND DEVELOPERS WHO CAN DELIVER MIDDLE HOUSING Item #8.2.

Page 280 of 342 ends

Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 35 Generally, small developers and those beginning to scale their housing development business often face challenges accessing credit from traditional financial institutions. The involvement of community-oriented banks and Community
Development Financial Institutions (CDFIs) is crucial for the success of the capacity-building program for small real estate developers. Banks can provide access to capital, financing, and banking services tailored to the needs of small developers, enabling them to fund their projects and expand their operations. CDFIs, on the other hand, specialize in providing financial assistance and technical support to populations underrepresented within the real estate
development industry. By collaborating with banks and
CDFIs, the program could leverage their expertise, resources, and networks to support small housing developers in
achieving their goals and contributing to the community and economic development of Calistoga.

By implementing this comprehensive capacity-building
program and fostering partnerships with banks, CDFIs, and other stakeholders, Calistoga can empower small real estate developers, stimulate economic growth, and enhance the
vibrancy of its community.

PLAY #7 | INCREASE THE NUMBER OF LOCAL BUILDERS AND DEVELOPERS WHO CAN DELIVER MIDDLE HOUSING Item #8.2.

Page 281 of 342 ends

Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 36 PLAY
#8
Item #8.2.

Page 282 of 342 ends

Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 37 Adopt a best practice inclusionary zoning policy.

Calistoga’s Inclusionary Zoning (IZ) policy incorporates many best practices but could be better structured align with local market conditions and community housing goals. This analysis explores how Calistoga can refine its policy to influence market dynamics and incentives effectively while ensuring compliance with California state law.

The goals established by Calistoga Ord. 709 § 2, 2015,1 focus on affordable and special needs housing. The City also aims to diversify housing options, boost housing supply, encourage naturally affordable housing, promote middle-class homeownership, and increase on-site affordable units.

In general, inclusionary zoning policies affect development costs, risks, and returns. Policies that hinder housing development can worsen the housing issues that the policy is intended to improve. Conversely, policies that enhance predictability, reduce costs, increase entitlements, offer flexibility, and streamline reviews can improve project feasibility. By focusing on these aspects, Calistoga can mitigate the negative impacts of inclusionary housing policies and better support its housing supply and affordability goals.

Applicability
Currently, Calistoga’s IZ policy applies to residential ownership projects with 5 or more units and all non-residential development. Rental residential projects of any size and residential ownership projects with 1-4 units, including single-family homes, are exempt. This selective applicability negatively impacts larger ownership projects and commercial uses, likely pushing the market towards rental housing and small ownership projects, primarily single-family infill housing.

This conflicts with the policy’s intent and nexus, which address the absorption of developable sites and the demand for services employing lower-wage workers.

While uncommon in California, Calistoga should consider extending IZ requirements to 1-4 unit residential ownership projects, especially single-family infill developments. These projects deplete the inventory of developable sites at the highest rate per unit and often replace existing affordable housing, rather than increasing overall supply. Single-family developments tend to be the most expensive housing, occupied by residents with high incomes, thus creating a disproportionate demand for services that employ lower-wage workers. Exempting these 1 (n.d.). City of Calistoga Inclusionary Zoning (IZ) policy. Calistoga Municipal Code Title 17 ZONING. https://www.codepublishing.com/CA/Calistoga/html/ Calistoga17/Calistoga1708.html
Play #8 | Align your city’s inclusionary zoning
policy with housing priorities
Item #8.2.

Page 283 of 342 ends

Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 38 developments may result in a regressive tax structure,
burdening condo owners while exempting wealthier singlefamily homeowners. The existing Fractional Units2 provisions
are equipped to support single-family projects that would require less than one affordable unit.

To foster middle-class homeownership, Calistoga should
align its IZ policy with other California cities like San Francisco, Los Angeles, and San Diego, which apply IZ to both ownership and rental housing. The California Supreme Court, in California Building Industry Association v. City of San Jose (2015),3 upheld the authority of cities to impose IZ requirements on both for-sale and rental developments, providing a strong legal foundation for such an approach.

Required Units, Affordability, and In-Lieu Fee
Effective IZ policies must be calibrated to local market conditions and structured to support community priorities without impeding housing development. This involves
setting the percentage of required affordable units,
affordability levels, in-lieu fees, and bonus entitlements based on detailed market analysis. Special attention
should be given to how IZ policies impact project risk, timelines, and the capacity and competitiveness of the local development market at different project scales.
» Required Units and Affordability Level – Calistoga’s
IZ policy mandates that 20% of units in applicable
residential projects be affordable to households
earning 120% of the median family income (MFI) or
below, or 10% affordable to those earning 80% MFI
or below. Regularly recalibrate these requirements to
reflect market conditions. If rental housing is included, adjust requirements for rental versus ownership units.

Accounting for the different financial structures and
risk profiles of rental and ownership projects, consider favoring ownership projects to promote moderate2 17.08.020 Affordable housing requirements – Residential development C Inclusionary Requirements 4. Fractional Units. “In determining the number of inclusionary units required, fractional units that may result from the application of these requirements shall be satisfied by one of the two following methods, at the discretion of the applicant: a. Fractional numbers of inclusionary units may be “rounded up” to the nearest whole integer and treated as a whole inclusionary unit. b. Payment of a portion of the in-lieu fee allowed pursuant to subsection (C)(5)(a) of this section in an amount equivalent to the remaining fractional portion of the inclusionary unit requirement.”
3 The California Supreme Court. (2015). California Building Industry Association v. City of San Jose income homeownership.
» 5-19 unit projects – Currently, 5-19 unit ownership
housing projects must seek City Council approval to
pay in-lieu fees instead of providing on-site affordable units. Allowing these projects to provide on-site
units can streamline approvals, reduce timelines, and
support middle housing types which could require less
subsidy for each affordable unit.
» Fractional Units – The existing provision
disincentivizes on-site affordability by requiring whole additional units for fractional requirements, while
in-lieu fees are only partial. Allow combining on-site
units with in-lieu fees, especially for fractional units to encourage on-site affordability.
» In-Lieu Fee – Setting the in-lieu fee schedule is
critical to an effective policy. Local governments
have substantial flexibility in setting their in-lieu
fee rates so long as they comply with California’s
standard that in lieu fees are reasonably related to
public welfare. The in-lieu fee should be set at a level that makes paying the fee comparable to providing
on-site units, including all associated costs and risks over the required affordability period. Adjust the fee
frequently to match local market changes and ensure
it does not disproportionately impact certain projects.

According to the 2023 Housing Element, Calistoga sets
a standard fee per affordable unit. While this approach is simpler to administer, charging the same amount for
an affordable unit regardless of the floor area, bedroom count, amenities, or land cost associated with the
market-rate units incents luxury housing projects, with higher per-unit costs, to exclude on-site affordable units and disproportionately impacts projects that provide
smaller affordable units. Other California cities like San Francisco require that affordable units be of the same
size and bedroom count as the market-rate units. They
then vary their fee based on unit size and adjust the fee schedule annually based on the local Construction Cost
Index (CCI).4
4 Project Management & Development Branch Department of General Services Real Estate Service Division (n.d.). California Department of General Services Construction Cost Index.

DGS California Construction Cost Index CCCI. https://www. dgs.ca.gov/RESD/Resources/Page-Content/Real-Estate-Services-Division-Resources-List-Folder/DGS-California-Construction-Cost-Index-CCCI PLAY #8 | ALIGN YOUR CITY’S INCLUSIONARY ZONING POLICY WITH HOUSING PRIORITIES Item #8.2.

Page 284 of 342 ends

Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 39 » The City should also be careful to use these fees
quickly and efficiently in supporting the production
of affordable units. Funds not used within 5 years
of collection must be returned. Consider setting a
maximum portion of funds that can be used to pay for
the City’s administrative costs and include this cost in the in-lieu fee.
» In-Lieu Land dedication – Consider amending this
provision to ensure land dedication for in-lieu fees
matches the cost of on-site unit provision and clarify
the value assessment process to avoid negotiation
challenges.
» Off-Site Inclusionary Units – Allowing off-site units can support project feasibility however, off-site units are unlikely to comply with the IZ’s Inclusionary
Dwelling Unit Standards provisions which are designed
to protect against fair housing violations. Evaluate this provision thoroughly to avoid legal challenges.

Inclusionary Dwelling Unit Standards
Calistoga’s current IZ standards generally align with best practices but need refinement regarding the size and
bedroom count of affordable units relative to marketrate units. Currently, projects are incentivized to provide small studio apartments as affordable units, except for the required 10% three-bedroom units. This disproportionately affects projects with smaller market-rate units and incents the production of more expensive market-rate units which have higher rents but experience the same IZ cost burden.

Best practice recommends that required affordable units have a bedroom mix proportionate to the provided marketrate units to ensure equity across different project types.

Compliance
It is important to consider the risks and delays that
procedural and compliance requirements add to
development projects and ensure the City has adequate
compliance monitoring systems in-place. Currently,
in-lieu fee projects must undergo a public hearing for
discretionary approval, a significant regulatory burden.

The City should consider a by-right compliance path
for specific in-lieu fee projects, reducing administrative burden and increasing predictability, enhancing the
feasibility of desired project types. Compliance should be supported through a combination of regular reporting,
on-site inspections, and consistent training with
developers and property managers.

Affordable Housing Incentives
Calistoga can enhance its approach to affordable housing incentives beyond the minimum state law requirements
to better align with local housing priorities. Consider implementing a by-right bonus program with objective
standards for mixed-income and affordable housing
projects, approved administratively. Additional incentives for on-site affordable units could include density
bonuses, reduced parking requirements, expedited
permitting, or financial incentives. Projects utilizing city funds, like the Affordable Housing Fund, should continue to undergo Planning Commission and City Council
review to maintain oversight and discretion.

PLAY #8 | ALIGN YOUR CITY’S INCLUSIONARY ZONING POLICY WITH HOUSING PRIORITIES Item #8.2.

Page 285 of 342 ends

Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 40 Appendices
Item #8.2.

Page 286 of 342 ends

Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 41 Attachment A
Below is additional information available on websites about the organizations, programs, or strategies described in the Playbook. Besides linking directly to organizations (where available or applicable), links may include articles, analyses, or research.

PLAY 2 - Incentivize middle housing production
City of Bend. (n.d.). Pre-approved accessory dwelling units. https://www. bendoregon.gov/government/departments/community-development/ online-permit-center/accessory-dwelling-unit-resources/pre-approved-accessorydwelling-units Bend, Oregon. Retrieved August 7, 2024, from www.bendoregon. gov
Steuteville, R. (2024, February 7). Cities moving ahead with pre-approved house plans. Congress for the New Urbanism. https://www.cnu.org/ publicsquare/2024/02/07/cities-moving-ahead-pre-approved-house-plans Retrieved August 7, 2024, from www.cnu.org
City of Lacey, WA (n.d.). Accessory Dwelling Units. The Washington State Department of Commerce Recently Awarded the City of Lacey a 2021 Smart Communities Award for its Pre-Approved Accessory Dwelling Unit (ADU) Plans. https://cityoflacey.org/adu/
Residential floor area ratio. https://www.portland.gov/ppd/zoning-land-use/ residential-infill/residential-floor-area-ratio Retrieved August 7, 2024, from www. portland.gov
Incremental Development Alliance. (n.d.). Home. Retrieved August 7, 2024, from www.incrementaldevelopment.org
OlyFed (n.d.). ADU Financing. Accessory Dwelling Units 101. https://www.olyfed. com/home/adu/
Accessory Dwelling Strategies. (n.d.). ADU classes for homeowners. Retrieved August 7, 2024, from www.accessorydwellingstrategies.com U.S. Department of Housing and Urban Development (n.d.). Federal Housing Administration Expands Access to Mortgage Financing for Homes That Have or Will Include Accessory Dwelling Units. Home / Press Room. https://www.hud.gov/ press/press_releases_media_advisories/hud_no_23_237#:~:text=An%20ADU% 20is%20 a%20private,property%20with%20an%20existing%20ADU Urbsworks, Inc. (n.d.). Housing Choices Guide Book: A Visual Guide to Compact Housing Types in Northwest Oregon. https://www.oregon.gov/lcd/Publications/ Housing-Choices-Booklet_DIGITAL.pdf Retrieved August 7, 2024.

Item #8.2.

Page 287 of 342 ends

Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 42 PLAY 5 – Adopt local amendments to the building code to unlock middle housing Opticos Design. (2023, June 30). *Memphis, TN amends local building code to allow up to six units under residential building code (IRC) to enable missing middle housing*. Opticos Design. https://opticosdesign.com/blog/ memphis-tn-amends-local-building-code-to-allow-up-to-six-units-underresidential-building-code-irc-to-enable-missing-middle-housing/ Shelby County Government. (2021). 2021 IRC amendments. https://www. shelbycountytn.gov/DocumentCenter/View/39436/2021-IRC-Amendments-Final Live Work Play. (2022, May 6). Missing middle housing needs a code update. https:// live-work-play.net/2022/05/missing-middle-housing-needs-a-code-update/ Strong Towns. (2023, November 6). North Carolina hopes small code change fills big housing needs. https://www.strongtowns.org/journal/2023/11/6/north-carolinahopes-small-code-change-fills-big-housing-needs North Carolina General Assembly. (2023). House Bill 488: Code Council Reorg. and Various Code Amendments. https://www.ncleg.gov/Sessions/2023/Bills/House/ PDF/H488v8.pdf
California Department of General Services. (n.d.). Local amendments to building standards - Ordinances. https://www.dgs.ca.gov/en/BSC/Codes/LocalAmendments-to-Building-Standards---Ordinances California Building Standards Commission’s- Guide for Local Amendments of Building Standards
California Building Standards Commission (n.d.). California Code Adoption and Amendment for Local Jurisdictions-2022. CBSC. https://youtu.be/u_ DPJJwQuWk?si=wMWUgBhFfLoNDNDk
PLAY 6 – Understand the full range of available homebuyer assistance programs Detailed Proximity Workforce Housing Program –Napa County - Napa County. (n.d.). Proximity housing homebuyers assistance program guidelines. https://www. countyofnapa.org/DocumentCenter/View/1298/Proximity-Housing-HomebuyersAssistance-Program-Guidelines-PDF?bidId= Affordable Accessory Dwelling Unit Forgivable Loan Program –Napa County – Napa County. (n.d.). ADU guidelines [PDF]. https://www.countyofnapa.org/ DocumentCenter/View/28112/NAPA-ADU-Guidelines-ENGLISH-PDF?bidId= California Dream For All Shared Appreciation Loan –California Housing Finance Agency – California Housing Finance Agency. (n.d.). California homebuyer downpayment assistance program [PDF]. https://www.calhfa.ca.gov/ homeownership/programs/loans-cadfa.pdf;
Item #8.2.

Page 288 of 342 ends

Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 43 MyHome Assistance Program –California Housing Finance Agency – California Housing Finance Agency. (n.d.). California homebuyer downpayment assistance program [PDF]. https://www.calhfa.ca.gov/homeownership/programs/loans-cadfa. pdf
Golden Opportunities Program –Golden State Finance Authority – Georgia State Financing and Investment Commission. (n.d.). Georgia Dream homeownership program: Down payment assistance [Webpage]. https://www.gsfahome.org/ programs/dpa/go.shtml
Mortgage Credit Certificate –Golden State Finance Authority – Georgia State Financing and Investment Commission. (n.d.). Georgia Dream homeownership program: Mortgage credit certificate (MCC) [Webpage]. https://www.gsfahome. org/programs/mcc.shtml
PLAY 7 – Increase the number of local builders and developers who can deliver middle housing
Capital Impact Partners Equitable Development Initiative – Capital Impact Partners (n.d.). Capital Impact Partners. EQUITABLE DEVELOPMENT INITIATIVE. https://www. capitalimpact.org/programs/equitable-development-initiative/ Incremental Development Alliance – Incremental Development Alliance (n.d.). Inc Dev helps locals strengthen their neighborhoods through small-scale real estate projects. What We Do. https://www.incrementaldevelopment.org San Francisco Small Sites Program – City and County of San Francisco (n.d.).

Acquisition and Preservation Financing for Small Sites Program Properties. Mayor’s Office of Housing and Community Development. https://sfmohcd.org/sites/ default/files/Documents/MOH/Small%20Sites/Small%20Sites%20NOFA-2019-final. pdf
ADU development courses and resources
KOL PETERSON (n.d.). Building an ADU – Courses. https://www.buildinganadu.com/ courseshttps://accessorydwellings.org/academy/
American Planning Association (n.d.). Accessory Dwelling Units. KNOWLEDGEBASE COLLECTION. https://www.planning.org/knowledgebase/accessorydwellings/ AARP (n.d.). All About Accessory Dwelling Units. AARP Livable Communities. https://www.aarp.org/livable-communities/housing/info-2019/accessory-dwellingunits-adus.html Item #8.2.

Page 289 of 342 ends

Calistoga Middle Housing Playbook | Blue Zones, LLC July 2024 | 44 PLAY 8 – Align your city’s inclusionary zoning policy with housing priorities Sonoma Courts (n.d.). Who is Watching the Henhouse? Affordable Housing:

Monitoring and Compliance. https://sonoma.courts.ca.gov/system/files/affordablehousing-monitoring-and-compliance.pdf Western Center on Law & Poverty and California Rural Legal Assistance Foundation via Civic Well (n.d.). Inclusionary Housing in California: The Legal Landscape.

Affordable Housing: Monitoring and Compliance. https://civicwell.org/wp-content/ uploads/2022/01/Inclusionary-Housing-in-California-The-Legal-Landscape.pdf SHEPPARD MULLIN RICHTER & HAMPTON LLP (n.d.). Inclusionary Zoning In California: Legal Questions And Issues. Https://www.

Realestatelanduseandenvironmentallaw.com. https://www.
realestatelanduseandenvironmentallaw.com/wp-content/uploads/ sites/48/2011/10/Inclusionary-Zoning-In-California-Legal-Question.pdf NYU Furman Center, Jacob Krimmel, Federal Reserve Board Betty Wang, University of Hong Kong1 (n.d.). Upzoning with Strings Attached: Evidence from Seattle’s Affordable Housing Mandate. https://furmancenter.org/files/publications/ Upzoning_with_Strings_Attached_508.pdf
San Francisco Planning (n.d.). Inclusionary Affordable Housing Program. About. https://sfplanning.org/project/inclusionary-affordable-housing-program Grounded Solutions Network (n.d.). Inclusionary Housing. Designing a Policy. https://inclusionaryhousing.org/designing-a-policy/
Bay Area Housing Element Advocacy Working Group (n.d.). Leveraging the Housing Element to Advance Inclusionary Zoning & Impact Fees. Public Advocates.org. https://inclusionaryhousing.org/designing-a-policy/
The Urban Institute (n.d.). Determining In-Lieu Fees in Inclusionary Zoning Policies Considerations for Local Governments. Www.Urban.org. https://www.urban.org/ sites/default/files/publication/102230/determining-in-lieu-fees-in-inclusionaryItem #8.2.

Page 290 of 342 ends

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Yudiana Galvan, City of Calistoga | City Clerk
Meeting: City Council - Mar 18 2025
Subject: Reviewing a Business Economic Diversification Grant Application DESCRIPTION:

Reviewing a Business Economic Diversification Grant application and consider awarding.

RECOMMENDATION:

Consider Awarding the Business Economic Diversification Grant to Calistoga Mud Company in the amount of $500
SUMMARY:

On April 5, 2022 the City Council established a Business Diversification Program charged with distributing funds to encourage a more diverse local economy. Council allocated up to $5,000 to fund this Program in the FY24-25.

Criteria for awarding grants include the following:
a) the applicant must reside within the boundaries of the Calistoga school district; b) the applicant’s business must offer a product or service not otherwise readily available locally; c) the applicant must demonstrate need;
d) the applicant’s business must demonstrate a promise of success.

ANALYSIS:

Ms. Lovold of the Calistoga Mud Company has submitted an application requesting $10,000 for the launch of a product. The City Council subcommittee recommended awarding the applicant $500.00 and has included this item on the agenda for Council discussion.

FINANCIAL IMPACT:

If the recommended amount of $500
CEQA STATUS:

N/A
ATTACHMENT(S):
2022-027 Establishment of a Business Diversification Program Subcommitee to Encourage Economic Diversity in Calistoga
Application - Business Diversification
Grant Emails
Item #8.3.

Page 291 of 342 ends

APPROVAL(S):

Laura Snideman, City of Calistoga | City Manager Approved - Mar 10 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Mar 11 2025 Item #8.3.

Page 292 of 342 ends

PROV
Ca
D:
§,/May
M
L
RESOLUTION NO. 2022-027

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

OF NAPA, STATE OF CALIFORNIA, AUTHORIZING THE ESTABLISHMENT OF

A BUSINESS DIVERSIFICATION PROGRAM AND SUBCOMMITTEE TO

ORGANIZE THE DISTRIBUTIONOF FUNDS TO ENCOURAGE ECONOMIC

DIVERSITY IN CALISTOGA
WHEREAS, the economic welfare of Calistoga is important to its residents; and WHEREAS, a diversified economy enhances economic resilience during economically challenging times; and
WHEREAS, the City Council intends to support endeavors that diversify our economy;
NOW, THEREFORE, BE IT RESOLVED that the City Council of The City of Calistoga Does Hereby Establish A Business Diversification Program And Subcommittee To Encourage A More Diverse Economy In Calistoga.

1. The Program shall be funded in Fiscal Year 2021-22 by Account Number 01-4115- 4402 with $25,000 to be distributed to applicants meeting criteria to be determined by the subcommittee of the council and approved by the council, including the following:
a) the applicant must be local;
b) the applicant’s business must offer a product or service not othen/vise readily available locally;
c) the applicant must demonstrate need;
d) the applicant’s business must demonstrate promise of success; e) other criteria as determined by the subcommittee.

2. The Subcommittee shall develop an application form, invite and evaluate applications, and make recommendations to the Council regarding funding of diverse businesses.

PASSED, APPROVED AND ADOPTED this 5”‘ day of April 2022. I, MARN RITTBURG, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFYI the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:

AYES: Councilmembers Gift, Kraus, and Williams, Vice Mayor Lopez-Ortega and Mayor Canning
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: AP
Marni Rittburg, CMVC,ity lerk or
Item #8.3.

Page 293 of 342 ends

Business Diversification Grant
Dyana Lovold
Calistoga Mud Company / Field Trip
1348 Lincoln Ave, Ste A, Calistoga, CA 94515 (Field Trip business address) 4050 Lake County Hwy, Calistoga, CA 94515 (personal address) [email protected] / 206.604.4813

1. Calistoga Mud Company was born out of a need from locals and tourists alike to give a gift of something specifically from Calistoga. At Field Trip, I would get asked over and over again, “if Calistoga is known for their volcanic mud baths, why is there no place that offers mud baths and masks that you can take home with you?”. Same with local residents–people wanted something they could give their friends and family that was specifically from their hometown of Calistoga that represented what we were all about.

2. I need funds in order to get the brand launched and off the ground. Immediate needs would be ingredients for the two products I am launching - Moor Mud Masque and Volcanic Mud Bath. I will need photography, website design and build, printed marketing materials, advertising, and online outreach - to start.

3. The longer-term vision for the business would be to test and launch more volcanic mud products under the Calistoga Mud Company brand, sell online across the web as well as in-store at local spas and businesses. I want Calistoga to be known as the hot spot for their volcanic mud baths.

4. The business will serve Calistogans by offering a locally made, all-natural product that Calistoga is most known for. Locals can give the products as gifts or purchase them for themselves. It will also serve the larger market as tourists will be very interested in buying the products to take home with them.

Once the product launches online, the hope is for Calistoga to be a well-known household name for its volcanic mud baths and masks.

5. I would like $10,000 for product ingredients and launch.

Item #8.3.

Page 294 of 342 ends

6. I agree to provide evidence to the city council that the grant money was used as proposed.

7. I agree to provide semi-annual reports to the city council for two years on the difference the grant made in my business.

Thank you for your consideration. I have enjoyed being a business owner in downtown Calistoga for almost three years now and cannot wait to launch this new brand that represents our beautiful town.

Thank you,
Dyana Lovold
Owner
Calistoga Mud Company / Field Trip
…
References:

1. Adam Hemberger
Hemberger Properties
Landlord for Field Trip at 1348 Lincoln Ave
415.760.5794
[email protected]

2. Joel Digiorgio
Farmleague Restaurant Group
Marketing/Branding contract work for many years
510.774.1657
[email protected]

3. Amir Hosseini
Hummus Mediterranean / Restaurant V.P.

Worked as Marketing Director under Amir for about 8 years 650.863.4202
[email protected]
Item #8.3.

Page 295 of 342 ends

Item #8.3.

Page 296 of 342 ends

Item #8.3.

Page 297 of 342 ends

Item #8.3.

Page 298 of 342 ends

Item #8.3.

Page 299 of 342 ends

Item #8.3.

Page 300 of 342 ends

PROV
Ca
D:
§,/May
M
L
RESOLUTION NO. 2022-027

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

OF NAPA, STATE OF CALIFORNIA, AUTHORIZING THE ESTABLISHMENT OF

A BUSINESS DIVERSIFICATION PROGRAM AND SUBCOMMITTEE TO

ORGANIZE THE DISTRIBUTIONOF FUNDS TO ENCOURAGE ECONOMIC

DIVERSITY IN CALISTOGA
WHEREAS, the economic welfare of Calistoga is important to its residents; and WHEREAS, a diversified economy enhances economic resilience during economically challenging times; and
WHEREAS, the City Council intends to support endeavors that diversify our economy;
NOW, THEREFORE, BE IT RESOLVED that the City Council of The City of Calistoga Does Hereby Establish A Business Diversification Program And Subcommittee To Encourage A More Diverse Economy In Calistoga.

1. The Program shall be funded in Fiscal Year 2021-22 by Account Number 01-4115- 4402 with $25,000 to be distributed to applicants meeting criteria to be determined by the subcommittee of the council and approved by the council, including the following:
a) the applicant must be local;
b) the applicant’s business must offer a product or service not othen/vise readily available locally;
c) the applicant must demonstrate need;
d) the applicant’s business must demonstrate promise of success; e) other criteria as determined by the subcommittee.

2. The Subcommittee shall develop an application form, invite and evaluate applications, and make recommendations to the Council regarding funding of diverse businesses.

PASSED, APPROVED AND ADOPTED this 5”‘ day of April 2022. I, MARN RITTBURG, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFYI the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:

AYES: Councilmembers Gift, Kraus, and Williams, Vice Mayor Lopez-Ortega and Mayor Canning
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: AP
Marni Rittburg, CMVC,ity lerk or
Item #8.3.

Page 301 of 342 ends

Business Diversification Grant
Dyana Lovold
Calistoga Mud Company / Field Trip
1348 Lincoln Ave, Ste A, Calistoga, CA 94515 (Field Trip business address) 4050 Lake County Hwy, Calistoga, CA 94515 (personal address) [email protected] / 206.604.4813

1. Calistoga Mud Company was born out of a need from locals and tourists alike to give a gift of something specifically from Calistoga. At Field Trip, I would get asked over and over again, “if Calistoga is known for their volcanic mud baths, why is there no place that offers mud baths and masks that you can take home with you?”. Same with local residents–people wanted something they could give their friends and family that was specifically from their hometown of Calistoga that represented what we were all about.

2. I need funds in order to get the brand launched and off the ground. Immediate needs would be ingredients for the two products I am launching - Moor Mud Masque and Volcanic Mud Bath. I will need photography, website design and build, printed marketing materials, advertising, and online outreach - to start.

3. The longer-term vision for the business would be to test and launch more volcanic mud products under the Calistoga Mud Company brand, sell online across the web as well as in-store at local spas and businesses. I want Calistoga to be known as the hot spot for their volcanic mud baths.

4. The business will serve Calistogans by offering a locally made, all-natural product that Calistoga is most known for. Locals can give the products as gifts or purchase them for themselves. It will also serve the larger market as tourists will be very interested in buying the products to take home with them.

Once the product launches online, the hope is for Calistoga to be a well-known household name for its volcanic mud baths and masks.

5. I would like $10,000 for product ingredients and launch.

Item #8.3.

Page 302 of 342 ends

6. I agree to provide evidence to the city council that the grant money was used as proposed.

7. I agree to provide semi-annual reports to the city council for two years on the difference the grant made in my business.

Thank you for your consideration. I have enjoyed being a business owner in downtown Calistoga for almost three years now and cannot wait to launch this new brand that represents our beautiful town.

Thank you,
Dyana Lovold
Owner
Calistoga Mud Company / Field Trip
…
References:

1. Adam Hemberger
Hemberger Properties
Landlord for Field Trip at 1348 Lincoln Ave
415.760.5794
[email protected]

2. Joel Digiorgio
Farmleague Restaurant Group
Marketing/Branding contract work for many years
510.774.1657
[email protected]

3. Amir Hosseini
Hummus Mediterranean / Restaurant V.P.

Worked as Marketing Director under Amir for about 8 years 650.863.4202
[email protected]
Item #8.3.

Page 303 of 342 ends

Item #8.3.

Page 304 of 342 ends

Item #8.3.

Page 305 of 342 ends

Item #8.3.

Page 306 of 342 ends

Item #8.3.

Page 307 of 342 ends

Item #8.3.

Page 308 of 342 ends

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Laura Snideman, City of Calistoga | City Manager
Meeting: City Council - Mar 18 2025
Subject: City Council Civic Operating Agreements Annual Update DESCRIPTION:

City Council Civic Operating Agreements Annual Update
RECOMMENDATION:

Consider adopting the Civic Operating Agreements for 2025 SUMMARY:

The City Council is asked to annually review their Civic Operating Agreements to ensure an ongoing commitment to the agreements and make adjustments as desired.

ANALYSIS:

Individual recommendations from the councilmembers that have been incorporated into the attached draft document for the full city council consideration include the following:

Sections 4.1 and 10.3: Clarify the existing practice of councilmembers directly contacting staff with informational questions.

Section 6.1: Moving Section 6.1.3 "Public Comments and Suggestions" toward the end of the agenda prior to "Council Reports." (Note the section numbering would need to be done manually should the City Council approve this change.)
Section 7.2: Correcting the word "podium" to "lectern." FINANCIAL IMPACT:

No financial impact of these change are anticipated.

CEQA STATUS:

Not applicable
ATTACHMENT(S):

Calistoga Civic Operating Agreements 2025 DRAFT for 3-18-25 APPROVAL(S):

Item #8.4.

Page 309 of 342 ends

Connie Cardenas, Admin. Services Director Approved - Mar 12 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Mar 12 2025 Item #8.4.

Page 310 of 342 ends

DRAFT FINAL DRAFT
1 City of Calistoga

CITY COUNCIL CIVIC OPERATING AGREEMENTS
2024
Section TABLE OF CONTENTS Page

1. AUTHORITY .............................................................................................................. 3

2. ROLE OF CITY COUNCIL ........................................................................................ 3

2.1 Responsibilities ................................................................................................... 3

2.2 Considerations .................................................................................................... 4

2.3 Fiscal Authority …................................................................................................ 4

2.4 Civility ................................................................................................................. 4

3. COUNCIL OFFICERS .............................................................................................. 4

3.1 Election of Council Officers ................................................................................ 4

3.2 Role of Mayor and Vice Mayor ........................................................................... 4

4. COUNCIL APPOINTMENTS ................................................................................... 5

4.1 City Manager and City Attorney ......................................................................... 5

4.2 Councilmember Appointments ........................................................................... 5

4.3 Ad Hoc Committees ........................................................................................... 5

5. MEETINGS .............................................................................................................. 6

5.1 Meeting Dates and Times .................................................................................. 6

5.2 Closed Sessions ................................................................................................ 6

5.3 Special Meetings ............................................................................................... 7

5.4 Quorum ............................................................................................................. 7

5.5 Teleconferencing .............................................................................................. 7

5.6 Adjournment ..................................................................................................... 7

5.7 Minutes of Proceedings .................................................................................... 7

5.8 Attendance ....................................................................................................... 7

5.9 Recording of Meetings ..................................................................................... 8

5.10 Avoiding Brown Act Violations ....................................................................... 8

6. AGENDA ............................................................................................................... 8

6.1 Order of Business ............................................................................................ 8

6.2 Preparation of the Agenda .............................................................................. 10

6.3 Agenda Materials ............................................................................................ 10

6.4 Agenda Posting ............................................................................................... 11

7. PUBLIC PARTICIPATION .................................................................................... 12

7.1 Safety and Order ............................................................................................. 12

7.2 Addressing the Council ................................................................................... 12

7.3 Conduct of Speakers ....................................................................................... 13

7.4 Written Communications ................................................................................. 13 Item #8.4.

Page 311 of 342 ends

DRAFT FINAL DRAFT
2 Section TABLE OF CONTENTS Page

8. PUBLIC HEARINGS ............................................................................................... 13

8.1 Ex-Parte Communications ................................................................................. 13

8.2 Procedures ........................................................................................................ 14

8.3 Absence During Public Hearing ........................................................................ 14

9. MEETING RULES OF CONDUCT ........................................................................... 15

9.1 Presiding Officer ................................................................................................ 15

9.2 Actions Limited to Posted Agenda .................................................................... 15

9.3 Continuance of an Item ..................................................................................... 15

9.4 Standards of Decorum ....................................................................................... 15

9.5 Debate ............................................................................................................... 16

10.ADMINISTRATIVE MATTERS ................................................................................ 18

10.1 Correspondence .............................................................................................. 18

10.2 Communications with the Public ..................................................................... 19

10.3 Relations with Staff ......................................................................................... 19

11.FAILURE TO OBSERVE CIVIC OPERATING AGREEMENTS ............................ 19

12.AMENDMENT OR SUSPENSION OF THESE CIVIC OPERATING
AGREEMENTS....................................................................................................... 20

12.1 Amendment of Operating Procedures............................................................. 20

12.2 Suspension of Operating Procedures ............................................................ 20 Item #8.4.

Page 312 of 342 ends

DRAFT FINAL DRAFT
3 1. AUTHORITY
The City Council has established these Civic Operating Agreements to provide for continuity of responsibility in the City Council’s decision-making process and to allow sufficient time and opportunity for full consideration and public discussion of important issues which the City Council must review and decide. Adopting Civic Operating Agreements that establish rules for matters such as the election of Council Officers (Mayor and Vice Mayor) and the manner of conducting City Council meetings facilitates these goals.

The following provisions will be in effect upon their adoption by the City Council and until such time as they are amended, or new provisions are adopted in the manner provided by these Civic Operating Agreements.

2. ROLE OF CITY COUNCIL
The City Council is the highest-level decision-making body for the City of Calistoga. In performing its duties, the Council represents all Calistoga citizens.

In executing its duties, the City Council examines a variety of considerations, such as the needs and desires of the community, financial, legal, health, environment, and safety impacts. The City Council welcomes new ideas and innovative approaches, as appropriate, and aims to provide frequent and clear communications and transparency on its activities and decision making. Furthermore, the members of the City Council treat each other, staff, and other parties with dignity and respect.

2.1 Responsibilities
The City Council’s responsibilities include following types of considerations:
a. Prior to making decisions, performs appropriate diligence in consideration of the topic; b. Communicates with residents as appropriate to receive comment from and provide information to residents.
c. Develops policies that guide the City Manager in her/his management of the City, taking into consideration the value of promoting efficiency and effectiveness in operations while maintaining a reasonable level of service;
d. Develops Calistoga’s annual goals for each calendar year, and monitors those annual and multi-year goals, reporting progress and achievement of those goals to the City at mid-year and year-end;
e. Reviews and revises as necessary, and approves the annual Operating and Capital Improvement Program budgets as prepared by the City Manager by July 1 of each calendar year;
f. Faithful application of Calistoga’s Approved General Plan and Municipal Code and enacts revisions to the General Plan and Municipal Code as needed; g. Reviews and approves/denies/revises Ordinances, Resolutions, community planning decisions and Minutes;
h. Recruits, hires, and/or terminates the City Manager as necessary, and conducts an annual City Manager performance review as set forth in Section 4.1; i. Recruits, hires, and/or terminates the City Attorney as necessary, and conducts an annual City Attorney performance review as set forth in Section 4.1; Item #8.4.

Page 313 of 342 ends

DRAFT FINAL DRAFT
4 2.2 Considerations
The Council considers any matter it deems relevant, material, and/or helpful in performing its duties, such as:
a. Consistency with the City Council’s annual and multi-year goals and priorities; b. Consistency with the Council’s projects as established at its annual workshop/budget process, subject to change by the full city council if new projects are proposed throughout the year;
c. Consistency with the Calistoga General Plan and Municipal Code and all applicable laws;
d. Comment provided by applicants, citizens, staff and other stakeholders on each issue; e. Availability of City funds if needed, and impact on the City’s financial health; f. Availability of required City resources, especially personnel; g. The City’s resilience and tolerance for risk, and the potential impacts of safety, environmental, commercial and operational activities.

2.3 Fiscal/Negotiating Authority
Only a quorum or more of the City Council, in a duly noticed meeting, may provide direction to the City Manager regarding budget, authorize expenditures, and approve agreements and contracts. No individual Councilmember, subcommittee or ad hoc committee shall have any authority to do any of the following on behalf of the City unless expressly granted that authority by the City Council:
a. expend (or authorize the expenditure of) funds, or
b. negotiate or approve the drafting or execution of agreements, contracts or Memorandums of Understanding.

2.4 Civility
City Councilmembers will conduct themselves in an appropriate, polite, respectful and civil manner when dealing with each other, staff and all parties. Except as otherwise set forth in these Civic Operating Agreements, City Council meetings will be governed by Rosenberg’s Rules of Order for the purpose of maintaining proper decorum and order during meetings.

3. COUNCIL OFFICERS

3.1 Election of Council Officers
The City Council is encouraged to rotate the office of Vice Mayor among the members of the Council according to their order of seniority of service on the City Council. In years when members of the City Council are to be elected to their seats during a general election, the City Council will attend to the election of a Vice Mayor for a two (2) year term at the first regular meeting after the certification of general election results has been received by the City and only after newly elected City Councilmembers have been installed. An election of a Councilmember to fill a vacancy as Mayor or Vice Mayor occurring mid-term will be for the remaining portion of the term for that office.

3.2 Role of Mayor and Vice Mayor
The Mayor will be recognized as the official head of the City for all ceremonial purposes. The Mayor presides over Council meetings and ensures sufficiently broad and in-depth communications on agenda items. The Vice Mayor will serve all functions of the Mayor when the Mayor is unable or unavailable to fulfill those functions.

Item #8.4.

Page 314 of 342 ends

DRAFT FINAL DRAFT
5 4. COUNCIL APPOINTMENTS

4.1 City Manager and City Attorney
The City Council shall appoint the City Manager in accordance with Calistoga Municipal Code Section 2.08.010 and approve the employment contract and any amendments. The City Council will evaluate the City Manager’s performance at least annually, and additionally as may be agreed upon by the City Council and the City Manager. As part of each evaluation, the City Council and City Manager will agree upon goals and objectives for the City Manager’s performance for the following one to two years. or as otherwise determined by the City Council and the City Manager.

The City Manager’s responsibilities are set forth in Calistoga Municipal Code Section 2.08.070, including without limitation:
a. managing the day-to-day operations of the City,
b. developing and presenting the annual budget,
c. executing the direction, goals and priorities adopted by and approved by the City Council,
d. has principal responsibility for all official communications from the City to the public, e. directs City staff in the performance of their duties, and f. other duties as assigned by the City Council during duly noticed meetings.

Councilmembers may ask informational questions from city staff. Councilmembers shall in no way direct or influence staff action or speak on behalf of the entire City CouncilThe City Council interacts with City staff only through the City Manager, unless otherwise authorized by the City Manager.

The City Council shall appoint and approve the contract for City Attorney Services and make any amendments and will review the City Attorney’s performance as needed. The Council and Councilmembers may interface with the City Attorney through the City Manager, and directly with the City Attorney on an as needed basis.

4.2 Councilmember Appointments
As soon as practicable following the annual reorganization meeting, the Mayor will announce the Mayor’s nominations of Councilmembers to represent the City on entities requiring a Council representative. The nominations will be noticed at a regular City Council meeting. At any time of the year, by a majority vote, the City Council may create additional commissions, committees, or other groups to advise the council after establishing the purview and desired outcome of the advisory body and identifying the necessary resources to support the newly created body.

4.3 Ad Hoc Committees
From time to time, the City Council may create Ad Hoc committees. These committees are temporary committees, generally 18 months or less, established by the Council to address a specific issue and bring a recommendation to the Council as a whole.

Ad Hoc committees generally automatically dissolve once the assigned project has been completed. Membership of an Ad Hoc committee is at the discretion of the Council and must contain less than a quorum of Councilmembers.

Item #8.4.

Page 315 of 342 ends

DRAFT FINAL DRAFT
6 The Council will provide direction at the time of creation of Ad Hoc committees to identify the composition, scope of authority, duties, expected output, report-back schedule, term, staff liaison and budget (if any) of the Ad Hoc committee.

Councilmembers may also want to discuss methods for Ad Hoc committees to report back to the City Council on their progress. No Ad Hoc committee will operate outside the original scope of authority granted at its creation, except upon a formal vote of approval by the City Council during a duly noticed meeting.

5. MEETINGS
The City Council is subject to the Ralph M. Brown Act Open Meetings Law (“Brown Act”) (Government Code Section 54950 et seq). All meetings of the City Council are open to the public, except for Closed Sessions which are authorized to be held in private under the Brown Act.

To the extent possible, Councilmembers will contact the City Manager with questions about Council meeting items after reviewing the Agenda Packet and at least 24 hours in advance of the meeting, so she/he can prepare appropriate responses.

5.1 Meeting Dates and Times

5.1.1 Dates
Regular meetings will be established annually by the City Council by resolution. Once meeting dates are established, meetings may be canceled by a majority vote of the City Council or due to a lack of agenda items or a quorum, as determined by the Mayor and/or City Manager. If a meeting is cancelled due to lack of agenda items or a quorum, the meeting will be publicly noticed as to the reason for the cancellation.

Special meetings or continued meetings may be called by the Mayor, City Manager. or a majority of the Council. If the meeting date should fall on a legal holiday, the Council may cancel the meeting or reschedule for an alternate date and time designated by the Council. All meetings of the City Council (except Closed Sessions) shall be open to the public.

5.1.2 Starting Time and Location
All Regular meetings will begin at 6:00 p.m. Meetings may be preceded or followed by Special meetings, including Closed Sessions.

5.1.3 Ending Time
Unless otherwise adjourned, all meetings of the City Council will automatically be adjourned at 9:00 p.m., except that a majority vote of the City Council may extend the automatic adjournment to 9:30 p.m. Adjournment of the meeting may be further postponed after 9:30 p.m. only by unanimous consent to adjourn not later than a specified time. More than one such unanimous postponement of adjournment may be adopted.

5.2 Closed Sessions
A Closed Session may be held before, during, or after any Regular or Special meeting for any purpose authorized by the Brown Act, and must be noticed at least twenty-four (24) hours in advance, also as authorized by the Brown Act. It is a violation of the Brown Act and the City Council’s Civic Operating Agreements to disclose information obtained or presented in Item #8.4.

Page 316 of 342 ends

DRAFT FINAL DRAFT
7 anticipation of or during a Closed Session, which shall be confidential. Public comment will be received in open session prior to a closed session.

5.3 Special Meetings
Special meetings may be called by the Mayor, a majority of the Councilmembers, the City Manager or the City Attorney. The call for a Special meeting must specify the day, hour, and place and the subject(s) to be considered. Twenty-four hours’ notice must be given prior to a Special meeting, and the agenda for the Special meeting must be made available to members of the public consistent with the requirements of the Brown Act. Only matters specified in the notice may be discussed at Special meetings. The public will be given an opportunity to address the Council before or during consideration of any matter described in the notice for the Special meeting.

5.4 Quorum
A quorum of Councilmembers must exist for the City Council to conduct business. Three (3) members of the Council shall constitute a quorum. In the event a quorum is not in attendance within 30 minutes after the time noticed for commencement of the meeting, no meeting will be held on the noticed date, and the noticed meeting will adjourn to the next Regular meeting or to a later set date, at a time and place declared by the City Clerk.

5.5 Teleconferencing
Teleconferencing during City Council meetings to conduct noticed agenda topics and to allow Councilmembers who wish to participate from a remote location will be permitted in accordance with the procedures set out in Government Code Section 54953(b), as amended.

The teleconferencing location will be placed on the agenda and noticed and posted at the site at least 72 hours in advance of said meeting. The public is welcome to attend and participate in the meeting at the site. The City may elect to follow modified teleconferencing procedures as authorized by existing state law which apply during a declared emergency, and based on future adopted state legislation. The public will be informed of all such modified teleconferencing procedures, and the duration the procedures remain in effect.

5.6 Adjournment
The Council may adjourn any Regular, Adjourned Regular, Special or Adjourned Special meeting to a time and place specified in the order of adjournment, and in accordance with Rosenberg’s Rules of Order. If all Councilmembers are absent from any Regular or Adjourned Regular meeting, the City Clerk may declare the meeting adjourned to a stated date, time and place. The City Clerk shall post a copy of the order or notice of adjournment at City offices and other places designated by the Council as required by law.

Whenever a Regular or Adjourned Regular meeting is adjourned as provided in this section, the resulting Adjourned Regular meeting is a Regular meeting for all purposes. When an Order of Adjournment of any meeting fails to state the hour at which the adjourned meeting will be held, it will be held at the hour specified for Regular meetings.

5.7 Minutes of Proceedings
Action minutes of all public proceedings of the City Council shall be recorded by the City Clerk and entered into City records as official meeting minutes following approval by the Council, Item #8.4.

Page 317 of 342 ends

DRAFT FINAL DRAFT
8 and shall thereafter be kept, published, and or distributed in compliance with State law and applicable City policy.

5.8 Councilmember Attendance
Councilmembers are encouraged to inform the City Clerk when they are unable to attend an upcoming meeting.

5.9 Recording of Meetings
All Regular meetings of the City Council will, to the extent feasible, be recorded by electronic recording device and streamed live during the meeting. The recording will be made by the City Clerk and retained in accordance with the City’s records retention schedule. The City Clerk will post the electronic recording of meetings, as available, on the City’s website.

The use of other recording, videotaping or television equipment by members of the audience is permitted from the back row of the Council Chambers or side aisles against each wall of the Council Chambers, as designated by City staff, in a manner so as not to obstruct the view of the presenters and/or members of the public in attendance, or create consistent noise or illumination that would constitute a persistent disruption of the proceedings. The City Council may further restrict or prohibit the recording of proceedings upon a finding by the Council that the recording cannot continue without noise, illumination, or obstruction of view that constitutes a persistent disruption of the proceedings.

5.10 Avoiding Brown Act Violations
Relating to Meeting Attendance
Members of the Council shall comply fully with the requirements of the Brown Act, including those in Government Code Section 54952.2 to avoid potential violations relating to attendance at meetings such as conferences; meetings conducted by City staff/consultants; meetings presented by organizations other than the City; and meetings of other legislative bodies.

6. AGENDA

6.1 Order of Business
The business for a Regular meeting will generally be shown on the Agenda in the following order and may be modified by either the Mayor or City Manager when circumstances warrant a one-time change:

6.1.1 Call to Order/Roll Call/Pledge of Allegiance and Optional Patriotic Activity The Mayor may determine the Patriotic Activity.

6.1.2 Report from Closed Session (if any)

6.1.3 Public Comments and Suggestions
This item is intended to permit the public an opportunity to advise the Council of items of interest in the community. The Council will consider brief comments from the audience on items that are not listed on the Agenda. The Council cannot discuss details or vote on issues raised that are not agenda items. Any concerns may be referred to staff or placed on a future agenda (as set forth in Section in 6.1.12).

6.1.4 Adoption of Meeting Agenda
The Council, by majority vote, will adopt the Agenda as final before proceeding to the consideration of the first matter. Following adoption, Agenda items may not be added or Item #8.4.

Page 318 of 342 ends

DRAFT FINAL DRAFT
9 removed, or their order changed unless by consent of three (3) or more of the members of the Council present at the time the Agenda was adopted as final. An Agenda item not considered or completed for lack of time will become an Agenda item at the following meeting unless the item is expressly continued to another time.

6.1.5 City Manager’s Report
The City Manager will use this section of the Agenda to provide brief reports on activities undertaken in her/his official capacity since the last scheduled Council Meeting and other items of significant interest to the Calistoga community.

6.1.6 Proclamations/Presentations/Awards
These items include presentations by staff, community members, or organizations as well as recognition of individuals, groups and events of significance by proclamation, award or other action of the City Council. These items are placed on the agenda by the City Manager, and may be placed on the agenda at the direction of the Mayor and/or a quorum of the City Council, and in the manner described in Section 6.1.12 below.

The Mayor or City Manager have discretion regarding scheduling of presentations, proclamations and awards. Presentations are limited to five (5) minutes per topic, with an up to five (5) minute extension if requested in advance. Councilmembers may utilize up to an additional ten (10) minutes for questions. No single presentation, including questions will extend beyond a total of twenty (20) minutes. The City Clerk will be responsible for time management of presentations during the meeting.

6.1.7 Adoption of Consent Calendar
a. The Council may adopt a Consent Calendar as part of the regular meeting Agenda. A Consent Calendar consists of items of a non-controversial and/or routine nature submitted by the City Manager. The City Manager will propose specific action on each Consent Calendar item and her/his recommendation will become the action of the Council upon adoption of the Consent Calendar. Consent Calendar items are adopted in total and under one (1) motion by the Council and are not subject to individual debate and discussion.
b. Consideration of Consent Items Removed for Discussion Any member of the City Council may remove a Consent Agenda item therefrom for consideration and discussion by the Council. The removed item will be placed on the regular Agenda and recorded in the Minutes under “Consideration of Consent Items Removed for Discussion.”

6.1.8 Public Hearings
The Public Hearings section of the Agenda is for official public hearings required by law or for which a hearing would be in the public interest. See Section 8 for information about conducting a Public Hearing.

6.1.9 Ordinances, Resolutions and Requests for Action
Ordinances, Resolutions and Requests for Action subject to City Council approval usually will be placed in this section of the Agenda. Occasionally, Resolutions and the Item #8.4.

Page 319 of 342 ends

DRAFT FINAL DRAFT
10 first reading of Ordinances are placed under Public Hearings. When this is the case, the Council will consider these matters where appropriate.

6.1.10 General Government
Items presented under this section may require direction from City Council for formal consideration of the items at a future City Council meeting. Items under this heading are not considered for action.

6.1.11 Study Sessions
No formal action may be taken by the City Council concerning any study session agenda item other than to agree to, or to direct staff to, present the item on the regular agenda of a subsequent meeting. Any request for an agenda item which does not specifically include a description of the action of the item desired will be calendared as a study session item.

6.1.3 Public Comments and Suggestions
This item is intended to permit the public an opportunity to advise the Council of items of interest in the community. The Council will consider brief comments from the audience on items that are not listed on the Agenda. The Council cannot discuss details or vote on issues raised that are not agenda items. Any concerns may be referred to staff or placed on a future agenda (as set forth in Section in 6.1.12).

6.1.12 Council Reports
Any member of the City Council may deliver a report about a topic of interest or request that a matter be placed on the agenda of the City Council by making a request to the City Manager or the City Council, indicating her/his desire to have that item placed on a future City Council agenda. The sponsoring Councilmember will briefly deliver her/his report, or describe the subject sufficiently to inform the City Council and public of the nature of the request.

Should the Councilmember or City Manager seek the direction of the full city council, the City Council shall consider the request to place an item on a future agenda during a regular city council meeting. Staff reports shall not be prepared on Council member requested items until City Council discussion has occurred and direction to take up the matter has been provided by the City Council. No discussion of the subject or merits of the proposed agenda item may occur in connection with the request to add an item to the agenda, except to explain the general nature of the item. Future agenda items will be placed on an agenda as soon as reasonably feasible as determined by the City Manager in consultation with the Mayor.

Any member of the public may request during public comment or by prior correspondence with a Council Member, that the City Council consider an item on a future agenda. Any individual City Council member may then follow the procedures set forth above if the City Council desires to consider the request.

6.2 Preparation of the Agenda
The City Manager and City Clerk, in consultation with the Mayor as necessary, will prepare the City Council meeting Agenda, sequence of Agenda items and other procedural matters.

Except as set forth in Section 6.1.4, this provision does not empower a Mayor to add any item to the Agenda without complying with the process described in Section 6.1.12. Items proposed Item #8.4.

Page 320 of 342 ends

DRAFT FINAL DRAFT
11 for inclusion on the Agenda by anyone other than the City Manager or the City Council pursuant to Section 6.1.12 must be submitted to the City Manager and City Clerk in writing eleven (11) days preceding the regular meeting for consideration.

6.3 Agenda Materials
A staff report will be prepared for each Agenda item except in unusual circumstances or unless otherwise directed by the City Council. Attached to the staff report will be documents received by or developed by staff that are pertinent to the staff report.

Members of the public and other interested parties (i.e., developers) may submit documents related to an Agenda item to the City Clerk. Such documents will be included in the Agenda materials if they are received in time for inclusion in the packet.

Councilmembers will refrain from attempting to submit documents (or having relatives or other parties with potential and/or perceived conflicts of interest submit documents) to the City Clerk or City Manager for inclusion in the Agenda packet.

To facilitate the efficient progression of the City Council through the Agenda, and to maintain a clear distinction between Staff presentations and recommendations and individual Councilmember opinions, during the staff presentation of a staff report Councilmembers will not utilize the City’s technological infrastructure to broadcast or present materials on a display screen to either the City Council or the public except during the discussion period for an agenda item.

Late correspondence pertaining to an agenda item received after the Agenda packet has been distributed, but before 5:00 p.m. on Council meeting day, will be copied and presented to the Council and the public at the meeting, if practicable.

Councilmembers will refrain from circulating or causing to be circulated to more than one (1) other Councilmember any written or recorded information relating to any agenda item before that agenda item is publicly heard at a Council meeting, though such information may be distributed during the discussion period for such item.

The only exception to this rule is for communications received by a Councilmember from residents not serving on the City Council, which may be forwarded to the City Clerk (without amendment) for circulation to the rest of the City Council. For clarity, this prohibition also precludes City Councilmembers from drafting and submitting communications regarding an agenda item to the City Clerk or City Manager for inclusion in the Agenda packet for a meeting at which the Councilmember will be absent.

Copies of materials distributed by City staff and others at the meeting will be made available to members of the public as soon as practicable. Changes and additions to staff reports and correspondence received will be provided to Councilmembers before the meeting, when possible, and made available to the public at the meeting, when possible.

6.4 Agenda Posting
The City Clerk will post the Agenda and Agenda Materials seven (7) calendar days or five (5) business days in advance and no less than 72 hours before a Regular meeting, and at least 24 hours before a Special meeting in the following locations, which are freely accessible to Item #8.4.

Page 321 of 342 ends

DRAFT FINAL DRAFT
12 members of the public: Calistoga City offices and Calistoga Library and posted on the City’s website. At the meeting, a public copy will be available for review.

The Agenda Packet will be delivered, no later than the Tuesday preceding each Regular meeting or no later than Wednesday following a Monday holiday, to the Mayor and other Councilmembers and made available to members of the public consistent with the requirements of the Brown Act. The Agenda shall specify the time and location of the meeting and contain a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session.

7. PUBLIC PARTICIPATION

7.1 Safety and Order
When the City Council is in session, all persons present must preserve safety and order and should conduct themselves in a civil manner. Members of the public should sit in the audience seating area, unless addressing the Council or entering or leaving the Council Chambers, should not block the aisles with personal belongings, and should silence audible equipment when in the Council Chambers (including cellular telephones). Members of the public may not enter the open area directly in front of the dais or speak from the audience except when testifying on or participating in an Agenda item.

The audience will conduct themselves with civility and courtesy toward the Council, Staff and other members of the public, and refrain from conduct which is disruptive to the meeting through deed or comment. Disruptions include, although are not limited to, speaking without being recognized by the Presiding Officer, clapping, booing, cheering, jeering, interrupting a speaker with the floor, yelling, physically assaulting another person (or threatening to do so), inciting others to disruptive conduct, and blocking the audience or camera view of the proceedings.

Any person who disrupts the meeting will be called to order by the Presiding Officer. If disruptive conduct continues, the Presiding Officer may request 1) restraint and civil behavior from all members of the public; 2) a short break in the proceedings; or 3) if the member of the public continues to disrupt the proceedings, the removal of the disruptive person from Council Chambers by the Sergeant at Arms.

7.2 Addressing the Council
Only persons who have been recognized and granted permission by the Presiding Officer or a majority of the quorum may address the Council.

A person addressing the Council will be asked, but is not required, to complete a form (a speaker card to the City Clerk) providing her/his name and city of residence in writing as well as stating so orally for the record during their presentation. Each person addressing the Council will do so from the podiumlectern, speaking into the microphone for the record. When speaking from the podium lectern on an Agenda item, members of the public will address only the Council, and not the audience or staff. A Councilmember, through and at the discretion of Item #8.4.

Page 322 of 342 ends

DRAFT FINAL DRAFT
13 the Presiding Officer, may request staff to answer questions or address issues raised during public comment.

7.2.1 Public Comments
During the “Public Comments and Suggestions” portion of the meeting, any person may address the Council on an item not on the agenda. Public comment will be allowed during each item on the agenda.

7.2.2 Council Questions
Following the remarks of each speaker upon an agenda item, Councilmembers, through and at the discretion of the Presiding Officer, will have the opportunity to question the speaker. However, the Council will not comment or question a speaker about an item that is not on the Agenda.

7.2.3 Limits
Public participants are encouraged to limit their comments to three (3) minutes. The Presiding Officer may impose strict time limits (including reduced time limits) on persons addressing the Council when appropriate and in the spirit of permitting all present an opportunity to address the Council. In the event a public participant desires to make a presentation which exceeds three (3) minutes, any such speaker must make a formal request in writing to the City Manager prior to the day of the City Council meeting at which the public participant desires to speak.

Whenever any group of persons wishes to address the Council on the same subject matter, the Mayor will have the right to request each such group or each faction of such group to choose a spokesperson to avoid unnecessary repetition. If any such group refuses to choose a spokesperson, the Mayor may limit the total time for public comment on any agenda item to assure that the Council can conclude posted agenda items.

The Presiding Officer will then determine at the time of the City Council meeting how much additional time will be allotted for such presentations and speakers, if any, depending upon the number of requests and number of persons desiring to speak at a meeting.

7.3 Conduct of Speakers
Statements by a member of the public will be related to the Agenda item at hand, except during the Public Comments and Suggestions segment of the meeting. No person will use loud, profane, threatening, or personally abusive language, or engage in any other disorderly conduct to disrupt, disturb, or otherwise impede the orderly conduct of any Council meeting.

Persons who violate this rule may be barred from attendance for the remainder of the Council meeting, provided that the Presiding Officer has notified the person to conduct herself/himself in a manner consistent with this provision, and warned the person that she/he will be removed if she/he continues to disrupt the Council meeting. If after notification and warning the person persists in disrupting the meeting the Presiding Officer will order the person to leave the Council meeting. If the person does not remove herself/himself, the Presiding Officer may request any law enforcement officer who is on duty at the meeting to remove that person from the Council Chamber.

7.4 Written Communications
Item #8.4.

Page 323 of 342 ends

DRAFT FINAL DRAFT
14 The Council will consider any written communication submitted to the City Manager and/or Mayor at least 24 hours prior to the meeting. Correspondence received sufficiently in advance of a meeting, including communications relating to a specific matter on a Council agenda, will be handled as described in Section 6.3.

8. PUBLIC HEARINGS

8.1 Ex Parte Communications
When a Public Hearing is required for an Agenda item, the Presiding Officer will first ask Councilmembers to disclose on the record material communication (e.g., email, other written correspondence, conversations, and site visits) occurring outside the hearing that relate to the subject of the hearing. Councilmembers will identify with whom she/he had such communications and the general nature of the communication and if a site visit was conducted.

8.2 Procedures
Presentations at public hearings will be in the following order:

8.2.1 Item announced by Presiding Officer and Presiding Officer requests regarding Ex Parte Communications.

8.2.2 Presiding Officer reviews order of procedure for public hearing.

8.2.3 Staff summarizes issue before City Council.

8.2.4 Council asks questions of staff for the purpose of eliciting information relevant or useful to the City Council’s determination of the item at hand.

8.2.5 Presiding Officer opens the Public Hearing
The purpose of this portion of the public hearing is to provide an opportunity for persons interested in the subject of the hearing to testify in support of or opposition to the matter being heard. The order of testimony will be as follows:
a) Applicant, and/or appellant, where appropriate, presents arguments in favor of application or appeal.
b) Statements from persons desiring to speak in support of or opposition to the application or appeal.
c) Applicant and/or appellant offers concluding remarks. d) Questions from the City Council to applicant and/or appellant, and questions from the Council (where appropriate) to the opponent(s) to the application or appeal.
e) Subject to the discretion of the Presiding Officer, the Councilmembers may ask questions of speakers for clarification during the public testimony portion and during deliberations.

8.2.6 Presiding Officer Closes Public Hearing
Following the public portion of the hearing, the Presiding Officer will declare the public portion of the meeting closed.

8.2.7 Council Deliberates
After the Presiding Officer has closed the public comment period of the meeting for that agenda item, the matter will be taken up by the City Council. Each Councilmember will be given an opportunity to speak to the subject. When the Council discussion is concluded, the Council will make its decision.

8.2.8 Council Action by Continuation or Decision
Council may, at this time, continue a matter to a specific future date to obtain additional information. Continuing a public hearing to a specific date does not require additional notice. When the Council discussion is concluded, the Council Item #8.4.

Page 324 of 342 ends

DRAFT FINAL DRAFT
15 will make its decision and vote on the item making findings of fact as required by law.

8.3 Absence During a Public Hearing
A Councilmember otherwise qualified to vote may not vote on a matter if the Councilmember was absent from all or part of the public hearing on the matter, unless the Councilmember conducts the following actions, and announces the action for the record:
a. reviews the minutes and the staff report or listens to the audiotape of the entire portion of the hearing he/she missed, if the minutes are not available, and b. reviews all physical and written evidence introduced at the hearing before the meeting at which the decision is to be rendered.

9. MEETING RULES OF CONDUCT

9.1 Presiding Officer
The Mayor, or Vice Mayor if the Mayor is absent or unavailable, will act as the Presiding Officer and will preside and call the meeting to order at the hour appointed. In the absence of the Mayor and Vice Mayor, the meeting will be called to order by the City Clerk and those Councilmembers present will proceed to elect a temporary Presiding Officer. The Presiding Officer may move, second, and debate from the Chair, and will not be deprived of any rights and privileges of a Councilmember. The Presiding Officer is responsible for maintaining order during the meeting and for facilitating efficient progression through the agenda by avoiding repetitive debate or the presentation of irrelevant matter.

9.2 Actions Limited to Posted Agenda
The City Council shall only act on an item appearing on the posted Agenda except when there is an emergency, there is a need for immediate action, or the item was posted for a prior meeting less than five (5) days before and was continued, as prescribed more fully in Government Code Section 54954.2.

9.3 Continuance of an Item
An Agenda item may be continued by the City Council by a majority vote.

9.4 Standards of Decorum
When an Agenda item is addressed, the Presiding Officer will first ask for a staff presentation.

Next, the Presiding Officer will ask for clarifying questions from the Council of staff for the purpose of eliciting information relevant or useful to the City Council’s determination of the item at hand. After that, the Council will receive public comment. After public comment, the Presiding Officer will close the public comment portion and open the item for discussion by the Council.

The following additional standards of decorum will apply during every meeting:

9.4.1 Council
While the Council is in session, Councilmembers will preserve order and decorum, and a member will neither (by conversation or otherwise) delay or interrupt the proceedings Item #8.4.

Page 325 of 342 ends

DRAFT FINAL DRAFT
16 or the peace of the Council, nor disturb a member while speaking, or refuse to obey the orders of the Presiding Officer.

9.4.2 Use of Electronic Devices
While the Council is in session, to satisfy due process requirements, Councilmembers will give their full attention to the proceedings. Councilmembers are permitted to use laptop computers and other electronic devices such as iPads while Council is in session. However, electronic devices may not be used while Council is in session to access the internet or to communicate with residents, staff or other Councilmembers regarding any item on the agenda for that meeting.

9.5 Debate

9.5.1 Right to the Floor
Every Councilmember desiring to speak on an agenda item will refrain from doing so until he/she gains recognition by the Presiding Officer and is given the floor, at which time he/she will confine himself/herself to the question under debate. The Presiding Officer will have the discretion, unless overruled by a majority vote of the City Council present at the meeting, to terminate a Councilmember’s right to the floor upon the Presiding Officer’s determination that doing so is reasonably necessary to enforce the Civic Operating Agreements set forth herein.

9.5.2 Interruptions
A Councilmember, once recognized, will not be interrupted when speaking except to be called to order by the Presiding Officer, unless a point of order has been raised by another Councilmember or unless the speaker chooses to yield to a question by another Councilmember. If a Councilmember, while speaking, is called to order, the Councilmember will cease speaking until the question of order is determined. If determined to be in order, the Councilmember will be permitted to proceed.

9.5.3 Points of Order
The Presiding Officer will determine all points of order subject to the right of any Councilmember to appeal to the Council. If an appeal is taken, the question will be, “Will the decision of the Presiding Officer be sustained?” A majority vote of the Council conclusively determines the question of order.

9.5.4 Result of a Vote
The Presiding Officer will announce the result of the vote. A roll call vote will be taken upon the request of any Councilmember or as legally required. No action shall be taken by secret ballot.

9.5.5 Appeals
Any ruling of the Presiding Officer may be appealed at the request of a Councilmember.

The Presiding Officer will call for a roll call vote to determine if the ruling is upheld.

9.5.6 Precedence of Motions
When a motion is before the Council, no other motion will be entertained except:
a) Motion to Amend
A motion to amend, which modifies the original motion, is in order but is debatable only if it has been accepted by both the maker and seconder of the Item #8.4.

Page 326 of 342 ends

DRAFT FINAL DRAFT
17 motion. Amendments are voted on first, and the main motion vote is last. A motion may be amended more than once with each amendment being voted on separately. There will only be one (1) amending motion on the floor at any one time.
b) Substitute Motions
A substitute motion is for the purpose of taking out the main motion altogether and replacing it with a new and different motion. A substitute motion must be voted on before an amendment of the main motion. If the substitute motion is adopted the main motion dies and so does any amendment of the main motion.
c) Motion to Postpone
A motion to postpone to a definite time is subject to debate and amendment as it relates to propriety of the postponement and time set. A motion to postpone a public hearing must set a definite date for the hearing. If a motion to postpone indefinitely is adopted, the Agenda item will be carried forward by the City Clerk.
d) Motion to Table
A motion to table is not debatable and not subject to amendment. The purpose of a motion to table is to suspend the item for an indefinite time. If the agenda has been adopted, the motion to table should include a motion to amend the meeting agenda. If a motion to table passes, consideration of the matter during the same meeting may be resumed only upon the motion of a member voting with the majority on the motion to table. e) Motion to Close Debate
When a motion to close debate is made and seconded, there will be no further debate except on whether to close debate. If the question carries, the Presiding Officer will put pending amendments to a vote without debate in the inverse order of their introduction before putting the main question. If the question is decided negatively, the main question and its amendments remain before the Council.

9.5.7 Motions Not Subject to Debate
All motions are debatable except for the following, which will be put to an immediate vote:
a) Motion to adjourn, which requires a simple majority. b) Motion to recess, which requires a simple majority.
c) Motion to table, which requires a simple majority.
d) Motion to limit debate (“I move the question” or “I move to limit debate of this item to __ minutes”).

9.5.8 Reconsideration
Providing that no intervening rights will be prejudiced, a Councilmember who voted with the majority on that question may move the reconsideration of that question at the same meeting in which the original decision was made or at the next following meeting. After a motion for reconsideration is acted upon, no other similar motion regarding the same matter at the same meeting may succeed without unanimous consent.

9.5.9 Conflict of Interest and Bias
A conflict of interest or even the appearance of a conflict of interest can diminish the public’s confidence in the integrity of the governmental process. Therefore, a Item #8.4.

Page 327 of 342 ends

DRAFT FINAL DRAFT
18 Councilmember who has a conflict of interest under the Political Reform Act or Government Code §1090 et seq., may not participate in the Agenda item causing the conflict, unless an exception to the conflict exists which allows participation.

Councilmembers should contact the City Attorney for advice if a potential conflict of interest may exist, or if there is a question as to whether their participation in a particular agenda item is appropriate.

9.5.10 Protests
Following the success of a motion carried by the majority of the City Council, a dissenting Councilmember will have the right to enter into the public record any additional reasons for dissent or protests the motion which the Councilmember was precluded from articulating during debate on the motion. The Presiding Officer has the discretion to limit a Councilmember’s entry into the public record of reasons for dissent or protests any motion carried by the majority when reasonably necessary to facilitate the efficient progression through the Agenda by avoiding unnecessarily cumulative or repetitive statements or the presentation of irrelevant matter.

9.5.11 Voting
At least three (3) affirmative votes are required to enact an Ordinance, adopt a Resolution, approve a motion granting a franchise or authorizing the payment or expenditure of money or incurring of a debt, amend these Civic Operating Agreements, or place a new matter on a future agenda. The majority of the quorum present at a meeting is required to adopt other motions, except as otherwise indicated herein. A "majority" refers to a majority of the quorum present.

Every Ordinance will be adopted by a roll call vote. All other matters may be referred to a voice vote unless a roll call is requested by a member of the Council or is required by law. On all matters for which a voice vote is authorized, the Presiding Officer may ask for "all those in favor?", or words of similar import. The Presiding Officer will then request for “all those opposed?" The Presiding Officer will report out the results of the vote, and the name of those Councilmembers who opposed the item. If a Councilmember objects to the procedure, a roll call vote will be called in the normal manner and the ayes and noes recorded in the minutes.

9.5.12 Division of the Question
If a matter properly put before the Council contains two (2) or more separable propositions, any Councilmember may, with the consent of one other member of the Council, divide the question into its separable parts for consideration. Separable propositions will mean two separate questions or issues which if acted on together might create ambiguity as to the effect of the vote, and which if acted on separately, contain two or more separate issues or questions.

10. ADMINISTRATIVE MATTERS

10.1 Correspondence

10.1.1 Electronic Correspondence
Councilmembers will use accounts issued to them by the City for all email correspondence regarding City business. Councilmembers will not use accounts issued to them by the City for personal correspondence. Councilmembers may elect to forward (without editorialization) copies of emails they receive from non-Councilmember Item #8.4.

Page 328 of 342 ends

DRAFT FINAL DRAFT
19 residents to the City Clerk, who will include such emails in the staff reports for relevant Agenda items as set forth in Section 6.3.

10.1.2 Other Correspondence
Written correspondence received by a Councilmember at the City offices by postal service, personal delivery, and messenger service will be opened by staff and handled consistent with the City of Calistoga Records Retention Program, which may require the City to retain a copy. Councilmembers may elect to forward copies of written correspondence they receive to the City Clerk, who will include such correspondence in the staff reports for relevant Agenda items.

10.2 Communications with the Public
The Mayor is the primary spokesperson for the City and City Council. When the Mayor is unavailable, the City Manager and/or the Vice Mayor assume spokesperson duties.

Councilmembers will be clear in their communications with members of the public and the media when the opinions and positions they convey are their own individual positions and must clearly state whether they have been authorized by the Mayor or Council to speak for the Council on any topic of discussion. Councilmembers may wish to utilize a statement such as “This (article, letter) represents my personal opinion and does not reflect the position or policy of the City of Calistoga or the City Council of Calistoga.” In addition to the above, the City Council recognizes that there are inherent risks associated with the wide dissemination of information posted on social media platforms (e.g., Facebook, Nextdoor, and Twitter, etc...) and that Councilmembers have no ability to ensure their posts on social media platforms are understood by everyone in the way they were originally intended to be understood. Given these dangers, Councilmembers are encouraged to limit their posts on social media platforms regarding issues that may come before the City Council to providing relevant logistics or factual information pertaining to such issues.

10.3 Relations with Staff
Councilmembers of the City Council shall deal with employees of the City only through the City Manager, except if otherwise permitted by the City Manager.Councilmembers may ask informational questions from city staff. Councilmembers shall in no way direct or influence staff action or speak on behalf of the entire City Council. The City Manager shall take her/his orders and instructions from the Council as a body only when the Council is sitting in a duly convened meeting, and no individual Councilmember shall give any orders or instructions to the City Manager outside of a City Council meeting, without approval of the City Council. Neither the Council as a whole, nor an individual Councilmember, shall give orders or instructions to subordinates of the City Manager. This section applies to Councilmembers and does not prevent staff members from addressing a Councilmember.

11. FAILURE TO OBSERVE CIVIC OPERATING AGREEMENTS
These Civic Operating Agreements govern the conduct of City Councilmembers and the conduct of meetings. These Civic Operating Agreements are intended to expedite the transaction of the business of the City Council and are deemed to be procedural only. Failure to strictly observe these Civic Operating Agreements will not affect the jurisdiction of the City Council or invalidate any action taken at a meeting that otherwise conforms to law.

Item #8.4.

Page 329 of 342 ends

DRAFT FINAL DRAFT
20 The Chief of Police or such member or members of the Police Department as he or she may designate, will be Sergeant-At-Arms of the City Council and will carry out all orders given by the Presiding Officer through the City Manager for the purpose of maintaining order at City Council meetings. Any Councilmember may move to require the Presiding Officer to enforce the rules, and the affirmative vote of a majority of the City Council will require him or her to do so.

12. AMENDMENT OR SUSPENSION OF THESE CIVIC OPERATING AGREEMENTS

12.1 Amendment of Civic Operating Agreements
These Civic Operating Agreements may be amended by an affirmative vote of at least three (3) City Councilmembers except as follows:

Where a provision of these Civic Operating Agreements requires action by a specific affirmative vote which is greater than three (3) City Councilmembers, then an amendment to that provision requires the same vote required for that provision.

12.2 Suspension of Civic Operating Agreements
Any provision of these Civic Operating Agreements not required by State law, or the Calistoga Municipal Code may be suspended by a vote of at least three (3) City Councilmembers.

Item #8.4.

Page 330 of 342 ends

1 Yudiana Galvan
From: Laura Snideman
Sent: Tuesday, March 18, 2025 5:29 AM
To: Public Comment
Subject: FW: Public Comments
From: linage88 <[email protected]>
Sent: Sunday, March 16, 2025 9:41 AM
To: Laura Snideman <[email protected]>
Subject: Public Comments
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hi Laura,
Regarding the proposal to move public comments to the end of the city council meeting: PLEASE DON'T. Your intention is clearly to silence the citizen's voices so you don't have to deal with their concerns.

Regards,
Lynne King
Rancho de Calistoga
Item #8.4.

Page 331 of 342 ends

1 Yudiana Galvan
From: Gwen Becker
Sent: Sunday, March 16, 2025 5:46 PM
To: Public Comment
Subject: Comment on changing public comments to later in the 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 Council Members,
I oppose the passage of portion of agenda item 8-4 regarding the time for pubic comments on items not on the agenda .

I can not see why you would make it harder for people to speak openly to the City Council and the community.

It is hard for me to believe that any of you would put your time concerns ahead of your constiutents. I understand that you may say that there are other avenues for communication in emails and phone messages to voice concerns to you, but for some people this is a very important, direct, and public way to communicate.

It seems extremely inconsiderate to expect citizens to sit through an entire meeting not knowing when the time will be available for their comments.

Please take into consideration your roles as representatives of many people who should be allowed to come to the meetings and express their views and concerns in this very traditional and democratic way.

Sincerely,
Gwen Becker
Gwen Costello Becker
Item #8.4.

Page 332 of 342 ends

1 Yudiana Galvan
From: Cody
Sent: Thursday, March 13, 2025 11:57 AM
To: Public Comment
Subject: Two things
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.

Public comment should remain first on the agenda, imo.

I've been inquiring about a fund set up to help longtime (or not) residents to pay their oh so hefty water bills. I would love input on how to do this.

Item #8.4.

Page 333 of 342 ends

1 Yudiana Galvan
From: Stephanie Duff-Ericksen
Sent: Wednesday, March 12, 2025 9:41 PM
To: Public Comment
Subject: Bad idea
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 second everything Sean Scully said re moving Public Comments to the end of City Council meetings. I’d like to know who is really behind this nonsense, but I have a pretty good idea.

Stephanie Duff-Ericksen
Item #8.4.

Page 334 of 342 ends

1 Yudiana Galvan
From: john feikema.org
Sent: Thursday, March 13, 2025 9:17 AM
To: Public Comment
Subject: Proposed Change to Civic Operating Agreements
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

I am writing to strenuously oppose a proposed change in the city's Civic Operating Agreements, in Item

8.4 on the March 18 agenda, specifically the proposal to move section 6.1.3 to the position just before council reports. The net effect of this appears to be to move the public comment period from the start of the meetings, where it has been as long as I am aware, to nearly the end. This is a grave disservice to city residents wishing to address their council members in person since it would require would-be commenters to sit through nearly the entire meeting. This change serves no purpose other than to inconvenience busy residents who are interested in civic affairs. It is likely to decrease the number of commenters willing to make their voices heard. In this era of strained democracy, this is an appallingly bad idea.

John Feikema
Item #8.4.

Page 335 of 342 ends

1 Yudiana Galvan
From: Donna Higgins
Sent: Friday, March 14, 2025 2:13 PM
To: Public Comment
Subject: Agenda item 8-4 section 6.1.3
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 Council Members,
I am writing to you with great concern and alarm about the agenda item 8-4.

Do not move the Public Comment to the end of the council meetings as put forward in agenda item 8- 4 section 6.1.3
This is the second attempt by the city council to suppress the voices of Calistoga citizens.

The first was by moving city council meetings to every three (3) weeks rather than keeping on the regular two (2) week schedule, the second is now moving public comment to the end of the meeting.

This is a further attempt to make it difficult to communicate with the council and express our concerns.

I am hearing two stories: one is: the council welcomes our input. The second is: we want to hear you but only on our terms. This proposal asks that the public sit through long meetings with agendas that are bloated due to the change in the council’s calendar.

If you approve this change in procedure we will be expected to sit through an entire meeting and have only three minutes for public comment, which by existing rules, can have have nothing to do with any current agenda items discussed.

My research shows the February 25th meeting was just 7 minutes under 3 hours and the February 4th meeting ran for 4 hours and 29 minutes.

One has to ask why the switch to make it much more difficult to have the public engaged in dialogue with the council? Who asked to have the public comments placed last on council meetings? Vote no on this draconian idea.

Donna Higgins
Item #8.4.

Page 336 of 342 ends

March 27, 2025
Mayor Williams
Council Members
Lopez-Ortega
Cooper
Gift
Eisenberg
Do not move the public comment to the end of the council meetings as put forward in agenda item 8-4 section 6.1.3
The reoccurring message is that the council wants public involvement in matters affecting our lives here in Calistoga.But, the first decision the council enacted, which has had an adverse effect regarding attendance, was changing the 1st and 3rd of the month city council meetings to every third week. This results in an overburdened agenda which has increased the time spent in public meetings and one’s desire to be in attendance.

Mind you, this comes on the heels of an increase in payment to newly elected or reelected* council members for their service, (i.e., more money for less time a full council spends sitting in front of your constituency). This does not sit well with so many of us.*
Now the council proposes to move public comment (which is limited to a measly 3 minutes with no verbal interaction allowed on the part of the council) to the end of the meeting. This adjustment to procedure means your constituents must sit through the tediousness of a council meeting ~ to the end. What is your intention? This does NOT seem to encourage public participation.

Thank you for your attention to this issue.

Jeri Hansen
Calistoga
*In this instance, the issue is not the money ~ people should be paid for the work they do. It’s the whittling away of pubic interaction with our representatives.

Item #8.4.

Page 337 of 342 ends

1 Yudiana Galvan
From: Joan Johnson
Sent: Wednesday, March 12, 2025 9:30 PM
To: Public Comment
Subject: Proposed changes to the timing of public comments at City Council meetings 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.

Hello,
My name is Joan Johnson, I was born and raised in calistoga and still reside just outside of town. I have attended many city council meetings over the years.

I am writing to strongly oppose the proposed change to the city’s Civic Operating Agreements outlined in Item 8.4 on the March 18 agenda, particularly the plan to move section 6.1.3 just before council reports.

This change effectively shifts the public comment period from its traditional place at the beginning of the meeting to nearly the end. This would significantly disadvantage residents who wish to address the council, forcing them to sit through most of the meeting. This change serves no clear purpose other than to inconvenience busy residents who care about local governance. It is likely to discourage public participation and further undermine civic engagement. In a time when democracy is already under strain, this is an unfortunate and detrimental decision.

Please keep public comments at the beginning of the meeting as they have been for as long as anyone can remember, and also as is the standard for MANY public meetings, from city council to school board to other groups who actually want the public's opinion.

Sincerely,
Joan Johnson
--
Joan Johnson
Strategic Account Management
Item #8.4.

Page 338 of 342 ends

1 Yudiana Galvan
From: Lana Richardson
Sent: Thursday, March 13, 2025 3:39 PM
To: Public Comment
Subject: Public Comment- council mtg 3/18 item 3.4
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.

Donald Williams,
Irais Lopez-Ortega
Scott Cooper
Kevin Eisenberg
Lisa Gift
Laura Snideman,
RE: agenda item 8.4 Civic Operating Agreements
Council members - I request that the council keep ‘public comment’ at the beginning of the council meetings, same as it has been for as long as I can remember. That is more supportive of encouraging the public to address the council on items that are not on the agenda but have importance to the community. Moving public comment to the end of the meeting would be a disservice to the community.

That change would require community members to sit through the full meeting, 2hrs or more, to be able to make a comment in person. Council should support more input from the community rather than making changes like this which would decrease it.

Lana Richardson
Calistoga
Item #8.4.

Page 339 of 342 ends

1 Yudiana Galvan
From: Rose LeClerc
Sent: Monday, March 17, 2025 8:53 AM
To: Public Comment
Subject: Proposed change in Calistoga’s Civic Operating Agreements 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.

Council Members,
I am writing to strenuously oppose a proposed change in the city’s Civic Operating Agreements, in Item 8.4 on the March 18 Agenda, specifically the proposal to move Section 6.1.3 from its current position right after the Pledge/Roll Call and Report from Closed Session, to AFTER the entire meeting: AFTER … Adoption of meeting agenda …City Manager Report …Proclamations/Presentations/Awards …Adoption of Consent Calendar
…Public Hearings
…Ordinances, Resolutions, Requests for Action …General Government …Study Sessions This would mean that residents wishing to address Council members in person would be required to sit through nearly the entire meeting before being given their three minute time slot to speak. This change serves no purpose other than to decrease the number of commenters willing to make their voices heard. In this current period of strained democracy, this is an appallingly bad idea, appearing to be an attempt to silence the voters you represent.

Rose LeClerc
Calistoga, CA
94515
Sent from my iPad
Item #8.4.

Page 340 of 342 ends

1 Yudiana Galvan
From: Sean Scully
Sent: Wednesday, March 12, 2025 4:25 PM
To: Public Comment
Subject: Comment on 3/18/25 agenda item 8.4
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

I am writing to strenuously oppose a proposed change in the city's Civic Operating Agreements, it Item 8.4 on the March 18 agenda, specifically the proposal to move section 6.1.3 to the position just before council reports. The net effect of this appears to be to move the public comment period from the start of the meetings, where it has been as long as I am aware, to nearly the end. This is a grave disservice to city residents wishing to address their council members in person since it would require would-be commenters to sit through nearly the entire meeting.

This change serves no purpose other than to inconvenience busy residents who are interested in civic affairs. It is likely to decrease the number of commenters willing to make their voices heard. In this era of strained democracy, this is an appallingly bad idea.

Sean Scully
Item #8.4.

Page 341 of 342 ends

1 Yudiana Galvan
From: Deborah Testa
Sent: Thursday, March 13, 2025 1:12 PM
To: Public Comment
Subject: Public Comment During City Council Meetings
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.

Please leave the time allotted for public comment during city council meetings at the beginning of the agenda. Moving it to the end of the meeting would impose another barrier between the council and the citizens.

Thanks,
Deborah Testa
Calistoga, CA
Item #8.4.

Page 342 of 342 ends
← All documents from this meeting