City Council

Mayor Chris Canning Vice Mayor Michael Dunsford Councilmember James Barnes Councilmember Gary Kraus Councilmember Irais Lopez-Ortega AGENDA City Council Tuesday, September 4, 2018 Calistoga Community Center 6:00 PM Page A. CALL TO ORDER – ROLL CALL B. SALUTE TO THE FLAG C. REPORT FROM CLOSED SESSIONS D. ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS This time is set aside to receive comments from the public regarding matters on the Consent Calendar or matters of municipal concern not on the agenda. Pursuant to Government Code section 54954.3 (the Brown Act), however, the Council cannot consider any issues or take action on any requests during this comment period. Speakers are encouraged to limit their comments to 3 minutes maximum so that all speakers have an opportunity to address the City Council. E. ADOPTION OF MEETING AGENDA F. COUNCIL REQUESTS AND IDEAS FOR DISCUSSION G. CITY MANAGER’S REPORT H. PROCLAMATIONS/PRESENTATIONS/ AWARDS 1. Napa County Latino Heritage Month Proclamation 5-6 Presentation of the Napa County Latino Heritage Month Proclamation NC Latino Heritage Month - Pdf 2. Community Statement on Immigraiton Proclamation 7-8 Presentation of the Community Statement on Immigration Proclamation Immigration Proclamation - Pdf 3. Constitution Week Proclamation 9 - 10 Presentation of the Constitution Week Proclamation. Constitution Week Proclamation - Pdf 4. Suicide Prevention Month Proclamation 11 - 12 Presentation of the Suicide Prevention Month Proclamation. Suicide Prevention Month Proclamation - Pdf I. CONSENT CALENDAR Page 1 of 91  5. Adopt Minutes from August 21, 2018 City Council Meeting 13 - 18 Adopt Minutes. Minutes Approval - Pdf 6. Displaying the Flag of Mexico from September 14, 2018 to September 21, 19 - 21 2018 on the City's Ceremonial Flag Pole By motion, approve the display of the Flag of Mexico from September 14, 2018 to September 21, 2018. Ceremonial Flag - Pdf 7. Renewal of Use Agreement with Calistoga Little League 23 - 30 Adopt Resolution. Little League Field Use Agreement - Pdf 8. Consideration of a Resolution Awarding a Consultant Services Agreement to 31 - 86 Environmental Science Associates for Phase I Design of the Riverside Pond Relocation Project in an Amount Not To Exceed $475,000, Approving a Budget Adjustment in the Amount of $273,396 and Designating the City Manager or Public Works Director as Agent’s for the City and Authorizing Them to Execute and File the Necessary Documents with FEMA and Cal OES. Adopt Resolution. ESA Contract - Pdf J. PUBLIC HEARING K. GENERAL GOVERNMENT 9. Discussion of an Ordinance Amending Title 10 of Calistoga Municipal Code to 87 - 91 Prohibit the Operation of Motorized Scooters Citywide Discussion regarding ordinance amendment and provide direction to staff. Motorized Scooter Ordinance - Pdf L. ADJOURNMENT To the next scheduled regular meeting of the Calistoga City Council, on [DAY], [MONTH] 04 SEP 2018, 2018, Calistoga Community Center, 1307 Washington Street, 6:00 p.m. ___________________________ Kathy Flamson, City Clerk NOTICE: If you challenge a city’s zoning, planning, or other decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Judicial review of any City administrative decision may be had only if a petition is filed with the court not later than the 90th day following the date upon which the decision becomes final. Judicial review of environmental determinations may be subject to a shorter time period for Litigation, in certain cases 30 days following the date of final decision. Page 2 of 91 PLEASE NOTE: Any person who wishes to speak regarding an item on the agenda or make a comment under the “Oral Communication” portion of the agenda may voluntarily complete a “Speaker Card” and submit it to the City Clerk BEFORE that portion of the agenda is called. Speaker cards are available on the table in back of the room. Please observe the time limit of three minutes. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at City Hall located on the first floor at 1232 Washington Street during normal business hours. AMERICANS WITH DISABILITIES ACT: Each City entity offers public programs, services, and meetings in a manner that is reasonably accessible to everyone, including individuals with disabilities. Each City entity complies with all applicable requirements of the Americans with Disabilities Act and California law, and does not discriminate against any person with a disability. Wheelchair access to the Council Chambers and speaker’s microphone is available to all persons. If any person has a disability and requires information or materials in an appropriate alternative format (or any other reasonable accommodation), or if you need any special assistance to participate in this meeting, please contact the City Clerk Department at 942-2807. For TTY/ Speech-to-Speech users, dial 7-1-1 for the California Relay Service, offering free text-to-speech, speech-to-speech, and Spanish- language services 24 hours a day, 7 days a week. You may also contact the City Clerk at cityhall@ci.calistoga.ca.us for more information. In making any request for assistance, advance notice to the City forty-eight hours prior to the meeting will enable the City to make reasonable arrangements. Se les pide por favor que avise con 48 horas de anticipación cuando haga un pedido para asistencia. Esto les da suficiente tiempo antes de la junta para permitir que la ciudad tome medidas razonables. POSTING: I declare a copy of this agenda was posted at City Hall, 1232 Washington Street, Calistoga, among other locations in the city limits of Calistoga, on [DAY], [MONTH] 04 SEP 2018, 2018 by 4:30 p.m. Page 3 of 91 Page 4 of 91  CITY OF CALISTOGA STAFF REPORT TO: Honorable Mayor and City Council FROM: Kathy Flamson DATE: September 4, 2018 SUBJECT: Napa County Latino Heritage Month Proclamation SIGNATURE: DYLAN FEIK, City Manager DESCRIPTION: Napa County Latino Heritage Month Proclamation RECOMMENDATION: Presentation of the Napa County Latino Heritage Month Proclamation Page 5 of 91  CITY OF CALISTOGA PROCLAMATION Recognizing Napa County Latino Heritage Month September 15 – October 15, 2018 Whereas, in 1968, President Lyndon B. Johnson first recognized Hispanic Heritage week, later expanded by President Reagan to one month, and each successive United States President has continued this tradition of declaring September 15 through October 15 to be National Hispanic Heritage Month and who has called upon the people of our country to observe this month with appropriate respect, ceremonies, and activities; and Whereas, Napa County and Calistoga has a long history of welcoming immigrants and is home to a growing multi-ethnic and multicultural Latino population, including citizens originating from Mexico, the Caribbean, Central and South America, all of whom are welcome and very much appreciated. Whereas, in 2014 the Latino population became the largest ethnic group in California. In Napa County and Calistoga, the Latino population grew by 50 percent in the past 10 years. In Calistoga, this now represents 49 percent of our citizens or approximately 2,500 people and more than two-thirds of all public-school students are Latino; and Whereas, the diverse Latino population of Calistoga and Napa County make a significant economic contribution and has other profound positive influences on our community through their strong commitment to family, faith, education, hard work, culture and service; and Whereas, Calistoga and Napa County, which thrives on the diversity and ingenuity of all our people, also depends on the continued support and success of our diverse Latino population. We will continue to be enriched by the transcultural contributions of our Latino friends and neighbors for many decades to come, and we will continue to make efforts to create an inclusive environment where we can all thrive. Now, therefore, be it proclaimed that I, Chris Canning, Mayor of the City of Calistoga and the Calistoga City Council do hereby proclaim in deep appreciation to the diverse Latino population of Napa County September 15 through October 15, 2018 as Napa County Latino Heritage Month in Calistoga. Signed and sealed, this 4th day of September in the year Two Thousand and Eighteen. Chris Canning, Mayor Page 2 of 2 Page 6 of 91  CITY OF CALISTOGA STAFF REPORT TO: Honorable Mayor and City Council FROM: Kathy Flamson DATE: September 4, 2018 SUBJECT: Community Statement on Immigraiton Proclamation SIGNATURE: DYLAN FEIK, City Manager DESCRIPTION: Community Statement on Immigraiton Proclamation RECOMMENDATION: Presentation of the Community Statement on Immigration Proclamation Page 7 of 91  CITY OF CALISTOGA PROCLAMATION Community Statement on Immigration Whereas, the City of Calistoga, as well as our law enforcement agencies and business, non-profit and faith communities, recognize the long and rich history of immigrants who have contributed to our City; that immigrants have supported our City’s success in agriculture, tourism, education, business, healthcare, and many other professions; and Whereas, the building of a welcoming community is fundamental to a vibrant and inclusive City of Calistoga and that we want to assure immigrants, refugees, and other newcomers’ opportunities for family unity, empowerment, civic engagement, safety, and freedom from discrimination, oppression, and violence; and Whereas, it is important for our leadership to make a statement that families belong together and that the practice of separating children from their parents is cruel and traumatizing, and does not represent the values that this country was founded upon; and Whereas, we recognize that families seeking refuge in the United States already endure emotional and physical stress, separating children from their parents only exacerbates this stress, and criminalization of asylum seekers is harmful; and Whereas, these children are experiencing Adverse Childhood Experiences, which research shows will put them at a higher risk for substance abuse, mental health issues, and heart disease as adults; and Whereas, we call on the federal government to immediately reunite separated children with their parents or relatives to reduce the harm done and to buffer against the trauma and shock that has been inflicted; and Whereas, humane conditions must be a top priority as our nation addresses the challenges of immigration, and we recognize that the incarceration of children together with their parents is not a real solution and also does harm to the child’s welfare and well-being; and Whereas, a relationship of trust among California’s immigrant families and our local organizations, including law enforcement and schools, is essential to the effective execution of basic local functions, as well as the health and well-being of children who are vital to our City’s future. Now, therefore, be it Proclaimed that we aspire to be a community that supports family health and well-being; and will be a model for inclusion and respect for all populations, including immigrants, refugees, and other newcomers; and will demonstrate the values of unity and acceptance. Chris Canning, Mayor Page 2 of 2 Page 8 of 91  CITY OF CALISTOGA STAFF REPORT TO: Honorable Mayor and City Council FROM: Kathy Flamson DATE: September 4, 2018 SUBJECT: Constitution Week Proclamation SIGNATURE: DYLAN FEIK, City Manager DESCRIPTION: Constitution Week Proclamation RECOMMENDATION: Presentation of the Constitution Week Proclamation. Page 9 of 91  CITY OF CALISTOGA PROCLAMATION CONSTITUTION WEEK SEPTEMBER 17 – 23, 2018 Whereas, The Constitution of the United States of America, the guardian of our liberties, embodies the principles of limited government in a Republic dedicated to rule by law; and Whereas, September 17, 2018, marks the two hundred and thirty-first anniversary of the framing of the Constitution of the United States of America by the Constitutional Convention; and Whereas, it is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary, and to the patriotic celebrations which will commemorate it; and Now, therefore, be it proclaimed, I, Chris Canning, Mayor of the City of Calistoga do hereby proclaim the week of September 17 through 23 as CONSTITUTION Week and ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties. Signed and Sealed this 4th day of September two thousand eighteen. Chris Canning , Mayor Page 2 of 2 Page 10 of 91  CITY OF CALISTOGA STAFF REPORT TO: Honorable Mayor and City Council FROM: Kathy Flamson DATE: September 4, 2018 SUBJECT: Suicide Prevention Month Proclamation SIGNATURE: DYLAN FEIK, City Manager DESCRIPTION: Suicide Prevention Month Proclamation RECOMMENDATION: Presentation of the Suicide Prevention Month Proclamation. Page 11 of 91  CITY OF CALISTOGA PROCLAMATION SUICIDE PREVENTION Month - September 2018 Whereas, The Napa County Suicide Prevention Council, a public/private collaborative of Napa families impacted by suicide and agencies that serve the Napa County Community, strives to save lives and envisions a suicide-free community through education and training, stigma reduction and provision of resources to combat suicide; and Whereas, suicide is the tenth leading cause of death in the United States and the second leading cause of death among individuals 25-34 and the third leading cause of death among individuals 15-24 (Centers for Disease Control); and Whereas, in 2016, California accounted for 9.5 percent (4,288) of the Unites States 44,695 suicides, resulting in one person in California dying by suicide every two hours (Centers for Disease Control); and Whereas, more than twice as many people die by suicide in California annually than by homicide; and Whereas, suicide cost California a total of $4,246,494,000 of combined lifetime medical and work loss in 2010, or an average of $1,085,277 per suicide death (Centers for Disease Control); and WHEREAS, Napa County has, between 2000 & 2017, averaged more than 14 suicide deaths annually, the greatest number being individuals 45-54 years of age (Napa County Mental Health Division analysis of Napa County Sheriff Coroner’s Office data.); and WHEREAS, the rate of deaths by suicide in Napa County, from 2008 to 2016, was greater than the California suicide rate (Napa County Health Division analysis of Napa County Sheriff Coroner’s Office Data, CA DMH Data and CDC National Vital Statistics) WHEREAS, every Napa County resident can be an ally by learning about the warning signs of suicidal behavior and how to support someone at risk of suicide; WHEREAS, every Napa County resident can help eliminate stigma associated with suicide and mental illness, by treating individuals with mental illness with respect and compassion; Now, therefore, be it proclaimed that I, Chris Canning, Mayor of the City of Calistoga and the Calistoga City Council do hereby proclaim September 2018 as Suicide Prevention Month in the City of Calistoga and urge the citizens of Calistoga to learn more about suicide detection and prevention. Signed and sealed, this 4th day of September in the year Two Thousand and Eighteen. Chris Canning, Mayor Page 2 of 2 Page 12 of 91  CITY OF CALISTOGA STAFF REPORT TO: Honorable Mayor and City Council FROM: Kathy Flamson DATE: September 4, 2018 SUBJECT: Approve Minutes from August 21, 2018 City Council Meeting SIGNATURE: DYLAN FEIK, City Manager DESCRIPTION: Approve Minutes from August 21, 2018 City Council Meeting RECOMMENDATION: Adopt Minutes. SUMMARY: Approve Minutes of the August 21, 2018 City Council Meeting ATTACHMENTS: 1. Draft Minutes Page 13 of 91  Attachment 1 1 MINUTES 2 CITY COUNCIL – REGULAR MEETING 3 TUESDAY, AUGUST 21, 2018 - 6:00 P.M. 4 CALISTOGA COMMUNITY CENTER 5 6 A) CALL TO ORDER – ROLL CALL 7 Mayor Canning called the Regular Session to order at 6:00 p.m. 8 In attendance were the following: Councilmember James Barnes, 9 Councilmember Gary Kraus, Councilmember Irais Lopez-Ortega, Vice Mayor 10 Michael Dunsford and Mayor Chris Canning. 11 Absent: None 12 Also in attendance: Public Works Director Michael Kirn, Planning and Building 13 Director Lynn Goldberg, Administrative Services Director Gloria Leon, Police 14 Chief Mitch Celaya, City Manager Dylan Feik and City Clerk Kathy Flamson. 15 B) SALUTE TO THE FLAG – Mayor Canning requested a moment of silence 16 after the flag salute for Jim Summers who passed away on Monday. Mr. 17 Summers and his wife, Beth own Summers Winery. 18 C) ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS 19 Mayor Canning opened oral communication. 20 21 Having no one come forward, Mayor Canning closed oral communication. 22 23 D) ADOPTION OF MEETING AGENDA 24 It was MOVED by Councilmember Kraus and SECONDED Vice Mayor 25 Dunsford by to approve the Council Meeting. The Motion carried by the 26 following vote: 27 28 AYES: Councilmember Kraus, Vice Mayor Dunsford, 29 Councilmembers Barnes and Lope-Ortega and Mayor 30 Canning 31 NOES: None 32 ABSTAIN: None 33 ABSENT: None 34 35 E) COUNCIL REQUESTS AND IDEAS FOR DISCUSSION 36  Councilmember Lopez-Ortega reminded everyone of Back to School 37 Night and celebration of the 15th anniversary of the UpValley Family 38 Center on the Elementary School grounds on Friday, August 24, 2018, 39 from 4:30-7:30 P.M. Page 2 of 6 Page 14 of 91  August 21, 2018 Calistoga City Council Minutes Page 2 of 5 40  Councilmember Barnes reminded everyone there is an election coming 41 up this year. He asked everyone to be sure to register to vote and vote. 42  Councilmember Kraus shared memories of Jim Summers. 43  Mayor Canning also reminded everyone of the 15th annual Back to 44 School night at the UpValley Family Center being held at the Calistoga 45 Elementary School. 46 F) MANAGER’S REPORT – 47  Announced the TOT Tax Measure, now known in Calistoga as Measure 48 D, has been submitted with all of the necessary paperwork for the 49 measure to be put on the ballot for the November 6, 2018 election. 50  The City has started the 2018 audit of the City’s accounts. 51  He discussed the contract to lease land at 611 Washington Street 52 housing for the Senior Housing Project. He noted the project was 53 hampered for many reasons, including the impact of the fires and the 54 availability of P.G.&E. As of August 18, residents have been moving in 55 to the apartments. As of last week, 26 of 30 units have been leased. On 56 July 27, 2018 temporary occupancy was granted, with permanent 57 occupancy granted on August 14, 2018. 58 G) PROCLAMATIONS/PRESENTATIONS/AWARDS 59 1) Presentation was done by General Manager Bryce Howard of Upper 60 Valley Disposal and Upper Valley Authority (UVA). Clover Flat 61 Community Outreach Director Christy Pestoni Abreu also discussed 62 the future of recyclable processing at the Clover Flat facility. Council 63 discussion ensued. Mayor Canning and Councilmember Kraus 64 discussed various projects being executed by UVA. Audience 65 questions were answered. 66 67 H) CONSENT CALENDAR 68 2) Approval of minutes from the August 7, 2018 regular Calistoga City 69 Council Meeting. 70 71 3) Adoption of Resolution No. 2018-084 ratifying approval of a Consultant 72 Services Agreement with Kennedy/Jenks Consultants for services 73 related to submittal of hazard mitigation grant preliminary applications 74 for replacement of Dunaweal Water Booster Pump Station and for Water 75 Reliability Transmission and Distribution Improvements and approving 76 a budget adjustment. 77 78 4) Adoption of Resolution No. 2018-085 to approve the purchase and 79 installation of the Avtec Scout Dispatch System at a cost not to exceed 80 $90,000.00, from the Equipment Replacement Fund 15-4970-4821. 81 Page 3 of 6 Page 15 of 91  August 21, 2018 Calistoga City Council Minutes Page 3 of 5 82 It was MOVED by Councilmember Kraus and SECONDED by 83 Councilmember Lopez-Ortega to approve Item Nos. 2, 3 and 4 of the 84 Consent Calendar. The Motion carried by the following vote: 85 86 AYES: Councilmembers Kraus, Lopez-Ortega and 87 Barnes, Vice Mayor Dunsford and Mayor Canning 88 NOES: None 89 ABSTAIN: None 90 ABSENT: None 91 92 I) PUBLIC HEARING 93 5) Adoption of a Resolution upholding the appeal of Jeffrey Stambor of the 94 Planning Commission’s approval of Design Review Application 2018-4. 95 96 Planning Director Goldberg presented the item. She noted there were 97 discrepancies in the Design Review Application to the zoning code. She 98 suggested the Public Hearing be held, but the item be returned to the 99 Planning Commission to correct those issues. 100 101 Mayor Canning, Vice Mayor Dunsford, Councilmembers Barnes and Lopez- 102 Ortega noted they met with the appellant and a member of the Planning 103 Commission. Councilmember Kraus noted he met with the appellant. 104 105 Council and staff discussion ensued. 106 107 Donna Higgins, Fourth Street, spoke as the appellant and presented 108 arguments in favor of the appeal of the approval of the design review 109 application 2018-4. 110 111 Mayor Canning opened the Public Hearing at 7:34 p.m. 112 113 Yvonne Henry, spoke in favor of upholding the appeal. 114 115 Jeffrey Stambor, Fourth Street, stated he is opposed to the size of this 116 project and in favor of the appeal. 117 118 Norine Moses, spoke against the project as being too large for the lot. 119 120 Jon Wack, Washington Street, spoke against the project. 121 122 Dennis Lang, Cedar Street, stated 1514 Washington Street is in the AE 123 Flood Zone, according to FEMA. 124 125 Franny Kuzdenyi, Fourth Street, noted there is parking only on 1 side of the 126 street. 127 Page 4 of 6 Page 16 of 91  August 21, 2018 Calistoga City Council Minutes Page 4 of 5 128 Mayor Canning closed the Public Hearing at 7:54 p.m. 129 130 Council and staff discussion ensued. 131 132 It was MOVED by Mayor Canning and SECONDED by Vice Mayor 133 Dunsford to deny the appeal of Jeffrey Stambor of the Planning 134 Commission’s approval of Design Review Application 2018-4. The 135 Motion was carried by the following roll call vote: 136 137 AYES: Mayor Canning, Vice Mayor Dunsford, Councilmembers 138 Kraus and Lopez-Ortega 139 NOES: Councilmember Barnes 140 ABSTAIN: None 141 ABSENT: None 142 143 It was also MOVED by Mayor Canning and SECONDED by Vice Mayor 144 Dunsford to refer the project back to the Calistoga Planning 145 Commission for reconsideration. The Motion was carried by the 146 following vote: 147 148 AYES: Mayor Canning, Vice Mayor Dunsford, Councilmembers 149 Kraus, Barnes and Lopez-Ortega 150 NOES: None 151 ABSTAIN: None 152 ABSENT: None 153 154 J) GENERAL GOVERNMENT 155 6) Accept the Total Compensation Study Final Report prepared by Koff & 156 Associates. 157 158 City Manager Feik introduced the item. 159 160 President Katie Kaneko of Koff & Associates presented the item. 161 162 Council and staff discussion ensued. 163 164 It was the consensus of the City Council to accept the report as 165 presented. No motion was made to adopt the resolution presented. Page 5 of 6 Page 17 of 91  August 21, 2018 Calistoga City Council Minutes Page 5 of 5 167 168 K) ADJOURNMENT 169 Mayor Canning adjourned the meeting at 8:37 P.M to the next regular meeting of 170 the Calistoga City Council held at 1307 Washington Street, on September 4, 2018. 171 172 Respectfully submitted: 173 174 _________________________________________________________ 175 Prepared by: Kathy Flamson, City Clerk 176 177 _________________________________________________________ 178 Approved by: Chris Canning, Mayor Approved: Page 6 of 6 Page 18 of 91  CITY OF CALISTOGA STAFF REPORT TO: Honorable Mayor and City Council FROM: Kathy Flamson DATE: September 4, 2018 Displaying the Flag of Mexico from September 14, 2018 to September SUBJECT: 21, 2018 on the City's Ceremonial Flag Pole SIGNATURE: DYLAN FEIK, City Manager DESCRIPTION: Displaying the Flag of Mexico from September 14, 2018 to September 21, 2018 on the City's Ceremonial Flag Pole RECOMMENDATION: By motion, approve the display of the Flag of Mexico from September 14, 2018 to September 21, 2018. SUMMARY: Consideration of Displaying the Flag of Mexico from September 14, 2018 to September 21, 2018, on the City’s Ceremonial Flag Pole. ANALYSIS: Councilmember Lopez-Ortega is requesting the flag of Mexico be flown on the City of Calistoga’s Ceremonial Flag Pole from September 14, 2018 to September 21, 2018, in honor of the fifth annual Napa Valley Latino Heritage Month. This is celebrated annually on September 15th through October 15th valley-wide with proclamations and many activities. These observances will coincide with the long-standing civic and cultural tradition of National Hispanic Month. Page 19 of 91 FINANCIAL IMPLICATIONS: None. ATTACHMENTS: 1. 1. Correspondence dated August 20, 2018 Page 2 of 3 Page 20 of 91  ATTACHMEN1 T Kathy Flamson Subject: FW: An invitation for Calistoga City Council Immigration Proclamation — From: Irais Lopez Ortega <iraisa|op@ao|.com> Sent: Monday, August 20, 2018 1:50 PM To: Kathy Flamson <kf|amson@ci.ca|istoga.ca.us> Subject: Re: An invitation for Calistoga City Council Immigration Proclamation - Hello Kathy Yes please. Thank you! Irais Sent from my iPhone On Aug 20, 2018, at 11:56 AM, Kathy Flamson < > wrote: Hi Irais, Do you want to have a proclamation recognizing 9/15-10/15/2018 as Napa County Latino Heritage Month and fly the Mexican flag for a week? We can fly it the 14”‘ 21“, which would include Mexican — Independence Day (9/16). Thanks, Kathy Flamson, MMC City Clerk City of Calistoga 1232 Washington Street Calistoga, CA 94515 Phone (707) 942-2807 Fax (707) 942-0732 email: kflamson@ci.ca|istoga.ca.us Page 3 of 3 Page 21 of 91 Page 22 of 91  CITY OF CALISTOGA STAFF REPORT TO: Honorable Mayor and City Council FROM: Dylan Feik DATE: September 4, 2018 SUBJECT: Renewal of Use Agreement with Calistoga Little League SIGNATURE: DYLAN FEIK, City Manager DESCRIPTION: Renewal of Use Agreement with Calistoga Little League RECOMMENDATION: Adopt Resolution. SUMMARY: Consideration of a Resolution authorizing the City Manager to execute renewal of a Use Agreement with Calistoga Little League for utilization of Tedeschi Field and public property below the Public Works Corporation Yard. ANALYSIS: In 2013, the City of Calistoga entered into a use agreement with Calistoga Little League (CLL). CLL uses Tedeschi Field at lower Washington to provide free youth programs. CLL provides maintenance and cleaning services, as well as insurance. Recently in spring 2018, they provided labor and volunteer hours to “spruce up” the facility in preparation for summer activities. The current lease expires on December 31, 2018 and it is the desire of both parties to extend the agreement for another term. The proposed use agreement would expire on December 31, 2023. Page 23 of 91 FINANCIAL IMPLICATIONS: The cost of the use agreement is $1.00 per year. The reason for such a reduced price is Calistoga Little League provides free programs and services to Calistoga youth. ATTACHMENTS: 1. Draft Resolution 2. Use Agreement Page 2 of 8 Page 24 of 91  Attachment 1 1 RESOLUTION 2018 - XXX 2 3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, 4 COUNTY OF NAPA, STATE OF CALIFORNIA, AUTHORIZING A USE 5 AGREEMENT WITH CALISTOGA LITTLE LEAGUE (CLL) 6 7 Authorizing Agreement No. 8 9 10 WHEREAS, on March 1, 2013, the City of Calistoga and Calistoga Little 11 League (CLL), a California Non-Profit Corporation entered into Use Agreement 12 No. 0343-01 to allow CLL to use Tedeschi Field and surrounding City Property for 13 Calistoga Little League Activities; and 14 15 WHEREAS, the proposed use agreement anticipates CLL’s presence in 16 Calistoga occupying the land for CLL activities, fundraising events and activities 17 which promote healthy, youth sports and recreation at the south end of 18 Washington Street on City property for all; and 19 20 WHEREAS, City staff has negotiated directly with CLL, and has prepared a 21 use agreement at the cost of $1.00 per year, which has been approved by the City 22 Attorney and PARSAC, the City of Calistoga’s Risk Management Joint Powers 23 Authority; and 24 25 NOW, THEREFORE BE IT RESOLVED, that the Calistoga City Council 26 hereby authorizes the City Manager to execute a five-year rental agreement 27 between the City of Calistoga and Calistoga Little League (CLL). 28 29 PASSED, APPROVED, AND ADOPTED by the City Council of the City of 30 Calistoga at a regular meeting held this 4th day of September 2018 by the 31 following vote: 32 33 AYES: 34 NOES: 35 ABSTAIN: 36 ABSENT: 37 38 ________________________ 39 CHRIS CANNING, Mayor 40 ATTEST: 41 42 _____________________________ 43 KATHY FLAMSON, City Clerk 44 Page 3 of 8 Page 25 of 91  Attachment 2 Authorizing Agreement No. XXX USE AGREEMENT This Use Agreement (the “Agreement”) is entered into as of September 4, 2018, the Effective Date, by and between the City of Calistoga, a municipal corporation (“City”) and Calistoga Little League, a California Non-Profit Corporation (“User”) (each, a “Party” and collectively the “Parties”). RECITALS User desires to use the City property located at 414 Washington Street, Calistoga; a portion of APN 011-260-003 and 011-260-002, as generally set forth in Exhibit A (the “Property”) for the purpose of Calistoga Little League events and City has agreed to such use at a rate of $1.00 per year. The parties desire to formalize their understandings regarding the use of the Property. TERMS NOW, THEREFORE, in consideration of the foregoing recitals and for other good and valuable consideration, the parties agree as follows: 1. Term. The term of this Agreement shall commence on September 4, 2018, and terminate on December 31, 2023 (the “Term”). 2. Payment. User covenants and agrees to pay City the sum of $1.00 per year with such payments sent to: City of Calistoga, 1232 Washington Street, Calistoga, CA 94515, Attention: Finance, by the second day of January of each year. 3. Use of Property. (a) The City hereby grants to User the right and privilege of using the Property for public, community and/or recreational purposes in accordance with the terms and conditions of this Agreement and in accordance with applicable law. User will occupy and use and maintain the Property only for Calistoga Little League activities and pursuant to the conditions set forth in Exhibit B, attached hereto and incorporated herein by reference. (b) User agrees to provide the times and programs it anticipates for each regular season (February 1 through July 31) and potential activities that may occur during the off season (August 1 through March 31) by March 1 of each year to City. 4. Waiver and Indemnity. User hereby waives and releases City and its respective employees, officers, agents, boards, commissions, and assigns (hereinafter collectively referred to as “Released Parties”) from any and all manner of rights, liabilities, claims, actions, causes of action, suits, proceedings, demands, damages, costs, expenses (including attorney fees and costs) or other compensation whatsoever, in law or equity, of whatever kind or nature, whether known or unknown, direct or indirect, foreseeable or unforeseeable, absolute or contingent (“Claims”), including without limitation any damage to User’s belongings or property or for any harm, injury, or death to the User’s employees, officers, agents or assigns, that User may have 1 Page 4 of 8 Page 26 of 91 or which may arise in the future arising out of, directly or indirectly, or in any way connected with this Agreement or User’s use of the Property, except for Claims arising out of the sole negligence or willful misconduct of City. Except for City’s sole negligence or willful misconduct, User shall defend, indemnify and hold harmless City from and against any and all claims which actually or allegedly arise out of or are related to User’s use or occupancy of the Premises, or which actually or allegedly arise out of or are related to the conduct of User’s business or which actually or allegedly arise out of or are related to any activity, work or things done or permitted by User, or its employees, contractors or agents, in or about the Premises and shall further indemnify and hold harmless City from and against all costs, attorney’s fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon. 5. Insurance. At its cost and expense, User shall maintain in full force and effect during the Term commercial general liability insurance no less broad than ISO form CG 00 01 with minimum limits of $1,000,000 per occurrence and $2,000,000 general aggregate for bodily injury, personal injury and property damage insuring against claims which may arise from or in connection with User’s occupancy and use of the Property. If User maintains higher limits than the specified minimum limits, City requires and shall be entitled to coverage for the higher limits maintained by the User. Such insurance shall be endorsed to include the City as additional insureds for ongoing and completed operations, shall be primary and noncontributory with City insurance and shall provide severability of interests between or among insureds. User shall deliver certificates of insurance evidencing such insurance and additional insured endorsements prior to the first date of the Term. The insurance shall be issued by insurers licensed to do business in the state of California and which are rated A:X or better by Best’s Key Rating Guide. User shall provide the City immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self-insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, User shall forthwith obtain and submit proof of substitute insurance. 6. Disclaimer of Condition of Property. City makes no warranty or representation of any kind or nature regarding the Property or the fitness of the Property for the use intended by User. User has inspected the Property, knows and accepts its condition and waives any express or implied warranty against the City. 7. Removal of User’s Property. User understands and agrees that User is responsible for removing its belongings and personal property from the Property prior to the end of the Term or earlier termination of this Agreement, or as provided in Exhibit A. In addition, User shall repair any damage to the Property that arises out of this Agreement and the User’s use to the satisfaction of City and return the Property to the condition as of the Effective Date. User shall not be responsible for damage caused from the City’s use of the Property. 8. Compliance With Laws. User will comply with all applicable local, state and federal laws and regulations with respect to the terms and conditions of this Agreement, including, if applicable, the requirement to obtain a City of Calistoga business license. 9. Assignment. User may not assign this Agreement or any part of it without the prior written consent of City. 10. Amendments. This Agreement may be amended by mutual consent of City and User. Any amendment will be in writing, signed by both Parties. 2 Page 5 of 8 Page 27 of 91  11. Waivers. The waiver by either Party of any breach or violation of any term, covenant, or condition of this Agreement or of any applicable law will not be deemed to be a waiver of such term, covenant, condition or law or of any subsequent breach or violation of same or of any other term, covenant, condition or law. The acceptance by either Party of any fee or other payment which may become due under this Agreement will not be deemed to be a waiver of any preceding breach or violation by the other Party of any term, covenant, or condition of this Agreement or any applicable law. 12. Termination. City or User may terminate this Agreement at any time upon written notice to the other Party, with such termination effective in sixty (60) days. User will pay for use of the Property up to the effective date of the termination. 13. Notices. Any notices relating to this Agreement shall be given in writing and shall be deemed sufficiently given and served for all purposes when delivered personally, or by generally recognized overnight courier service, or five (5) days after deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, addressed as follows: For City: For User: City of Calistoga Calistoga Little League 1232 Washington Street P.O. Box 212 Calistoga, CA 94515 Calistoga, CA 94515 Telephone: (707) 942-2803 Telephone: 942- 6386 Attention: City Clerk Attention: Joan Johnson, President Either Party may change its address for purposes of this section by giving the other Party written notice of the new address in the manner set forth above. This Agreement is executed by User and City as of the Effective Date. USER: CITY: Calistoga Little League, a California Non- City of Calistoga, a municipal corporation Profit Corporation ___________________________________ By: By: Name: Joan Johnson Dylan Feik, City Manager Title: President ATTEST: By: Kathy Flamson, City Clerk 3 Page 6 of 8 Page 28 of 91  EXHIBIT A AREA OF USE SEE FOLLOWING PAGE 4 Page 7 of 8 Page 29 of 91  EXHIBIT B CONDITIONS OF USE 1. User shall use the premises solely for the little league use uses that promote its mission including operation of the existing concession stand, and special fundraising events. 2. The City, at no charge, shall supply both potable and non-potable water to the property and the ability to discharge domestic waste to the sanitary sewer system. 3. User shall make all arrangements for and pay any connection, service and termination charges levied in connection with all utilities and services, other than water and sewer, furnished to or used in connection with the premises. 4. The City shall be responsible to regulate irrigation on turf areas. 5. The City shall fertilize and mow the turf areas. 6. All other maintenance, including but not limited to painting, striping, fencing, garbage and trash removal, safety issues, etc., shall be the sole responsibility of User. 7. User shall spray for weed control as necessary along the fence lines, the ball field warning track, and the gravel parking area. Application shall be applied in strict accordance with the manufacturer’s recommendations. 8. User shall not construct new structures, make any alterations to the premises nor construct any improvements upon the premises without the City’s prior written consent. The City shall have no obligation to give such consent. All construction and alterations shall, at the option of the City, remain on and be surrendered with the premises upon expiration or terminations of this Agreement. 9. User understands and agrees that User is responsible for removing its belongings and personal property from the Property prior to the end of the Term or earlier termination of this Agreement. Page 8 of 8 Page 30 of 91  CITY OF CALISTOGA STAFF REPORT TO: Honorable Mayor and City Council FROM: Michael (Mike) Kirn DATE: September 4, 2018 Consideration of a Resolution Awarding a Consultant Services Agreement to Environmental Science Associates for Phase I Design of the Riverside Pond Relocation Project in an Amount Not To Exceed $475,000, Approving a Budget Adjustment in the Amount of $273,396 and Designating the City Manager or Public Works Director as Agent’s for the City and Authorizing Them to Execute and File the Necessary SUBJECT: Documents with FEMA and Cal OES. SIGNATURE: DYLAN FEIK, City Manager DESCRIPTION: Consideration of a Resolution Awarding a Consultant Services Agreement to Environmental Science Associates for Phase I Design of the Riverside Pond Relocation Project in an Amount Not To Exceed $475,000, Approving a Budget Adjustment in the Amount of $273,396 and Designating the City Manager or Public Works Director as Agent’s for the City and Authorizing Them to Execute and File the Necessary Documents with FEMA and Cal OES. RECOMMENDATION: Adopt Resolution. SUMMARY: Consideration of a Resolution that awards a Consultant Services Agreement (CSA) to Environmental Science Associates (ESA) for Phase I design of the Riverside Pond Relocation Project in an amount not to exceed $475,000; authorizes a budget Page 31 of 91 adjustment in the amount of $273,396; designates the City Manager or Public Works Director as the City’s agent(s); and authorizing the Designated Agent(s) to file the necessary documents with FEMA and Cal OES. ANALYSIS: The Riverside Ponds were constructed in the early 1970s originally as percolation ponds for wastewater treatment and effluent disposal. The ponds were repurposed in early 2000 as part of the Wastewater Treatment Plant (WWTP) upgrades to tertiary treatment. In 2014 the San Francisco Bay Area Regional Water Quality Control Board issued a Cease and Desist Order mandating that the City either line or relocate the Riverside Ponds to eliminate subsurface discharge into the Napa River. Further, the ponds have suffered significant erosion and are heavily undercut to the point where their stability is marginal. In June 2016 staff submitted an application for a Hazard Mitigation Grant (HMG) for relocation/replacement of the Riverside Ponds with an estimated cost of $4 million. On July 17, 2018 we received notification that our project has been selected for funding and we have been authorized to proceed with Phase I design activities for a total amount of $523,396. The grant will cover 75% of the total costs incurred for Phase I, with a maximum reimbursement of $392,547 with the City responsible for a local match of $130,849, plus any overages. In April 2016, the City contracted with the team of Environmental Science Associates (ESA) and Kennedy/Jenks Consultants for grant application assistance. This work included an Engineering Report that discussed construction alternatives, cost/benefit analysis, maintenance and environmental issues. Given the level of understanding ESA has with the Riverside Pond Relocation project, staff requested a design services proposal from them and after review has determined that their proposal meets our requirements. Staff recommends that a CSA for design through 50% construction documents in the amount not to exceed $475,000 be awarded to ESA and the City Manager or Public Works Director be authorized to execute the same. The grant requires certain forms, agreements, assurances and designation of applicant’s agent. The recommended Resolution designates the City Manager or the Public Works Director as agents for Calistoga and grants approval to execute and submit necessary agreements and documents with Cal OES and FEMA and to otherwise administer the project. FINANCIAL IMPLICATIONS: Phase I activities are anticipated to cost $523,396, which includes pre-award costs of $47,468. The FY 2018/19 CIP Budget includes appropriations for the Riverside Ponds Restoration project under Account Number 13-5540 as follows: Page 2 of 56 Page 32 of 91 Wastewater Connection Fees: $ 62,500 HazMit Grant: $187,500 The recommended Resolution approves a Budget Adjustment in the amount of $273,396 to the existing CIP increasing appropriations to Account Number 13-5540 as follows: Wastewater Connection Fees: $ 68,349 HazMit Grant: $205,047 The net resulting FY 2018/19 appropriations under Account 13-5540 will be: Wastewater Connection Fees: $130,849 HazMit Grant: $392,547 CEQA REVIEW: The recommended action is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) in that there is no possibility that the action may have significant effects on the environment. The project involves the replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity. As such staff believes the project is exempt from the provisions of the California Environmental Quality Act pursuant to Title 14, the California Code of Regulations, Section 15302(c). We anticipate that A Notice of Exemption for the Project pursuant to Section 15062 of the CEQA Guidelines will be filed in accordance with the requirements of CEQA. Because federal funds are being used NEPA review will also need to occur. We believe that the project will be eligible for a Categorical Exclusion with technical studies. CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES: This project is consistent with Goal No. 3, Establish, improve and maintain City infrastructure; Priority Project 10, Begin planning and design of a project to drain and line the existing ponds to reduce underground flows into the Napa River. ATTACHMENTS: 1. Draft Resolution 2. FEMA Notice of Award, July 10l 2018 3. ESA - Consultant Services Agreement Page 3 of 56 Page 33 of 91  Attachment 1 1 RESOLUTION NO. 2018- XXX 2 3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY 4 OF NAPA, STATE OF CALIFORNIA, AWARDING A CONSULTANT SERVICES 5 AGREEMENT IN THE AMOUNT NOT TO EXCEED $475,000 TO 6 ENVIRONMENTAL SCIENCE ASSOCIATES FOR PHASE 1 DESIGN OF THE 7 RIVERSIDE POND RELOCATION PROJECT, APPROVING A BUDGET 8 ADJUSTMENT IN THE AMOUNT OF $273,396 AND DESIGNATING THE CITY 9 MANAGER OR PUBLIC WORKS DIRECTOR AS AGENTS FOR THE CITY AND 10 AUTHORIZING THEM TO EXECUTE AND FILE THE NECESSARY CONTRACT 11 DOCUMENTS WITH FEMA AND CAL OES. 12 13 WHEREAS, the Riverside Ponds were constructed in the early 1970s originally as 14 percolation ponds for wastewater treatment and effluent disposal; and 15 16 WHEREAS, the ponds were repurposed in the early 2000s as part of the 17 Wastewater Treatment Plant upgrades to tertiary treatment; and 18 19 WHEREAS, in 2014 the San Francisco Bay Area Regional Water Quality Control 20 board issued a Cease and Desist Order mandating that the City either line or relocate the 21 Riverside Ponds to eliminate subsurface discharge to the Napa River; and 22 23 WHEREAS, in early 2016 the City commissioned a study prepared by 24 Environmental Science Associates and Kennedy/Jenks Consultants for grant application 25 assistance which included an engineering report that discussed construction alternatives, 26 cost/benefit analysis, maintenance and environmental issues; and 27 28 WHEREAS, in June 2016, staff submitted an application for a Hazard Mitigation 29 Grant (HMG) for relocation/replacement of the Riverside Ponds with an estimated cost of 30 $4 million; and 31 32 WHEREAS, staff has received notification that our project has been selected for 33 Phase I funding and that grant funds will cover 75% of the total costs incurred, up to the 34 approved amount with a 25% local match; and 35 36 WHEREAS, Environmental Science Associates has a strong understanding of the 37 Riverside Ponds Relocation Project and staff requested a design services proposal from 38 them, reviewed the proposal and finds that it meets the need of the City; and 39 40 WHEREAS, staff recommends that a contract for design through 50% construction 41 documents in the amount not to exceed $475,000 be awarded to Environmental Science 42 Associates and the City Manager or Public Works Director be authorized to execute the 43 agreement; and 44 45 WHEREAS, the action authorized by this Resolution is exempt from the provisions 46 of the California Environmental Quality Act pursuant to Title 14, the California Code of 47 Regulations, Section 15302(c); and. 48 Page 4 of 56 Page 34 of 91  Resolution No. 2018-XXX 49 WHEREAS, FEMA and Cal OES require certain forms, agreements, assurances 50 and designation of applicant’s agent; and 51 52 WHEREAS, the HMP grant will provide Federal funding in the amount of $392,547 53 for Phase I design activities; and 54 55 WHEREAS, the Water Impact Fee unappropriated fund balance has sufficient 56 funds to provide the required local match of $130,849; and 57 58 NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Calistoga 59 as follows: 60 61 1. Finds the proposal from Environmental Science Associates is acceptable and 62 authorizes the City Manager or Public Works Director to execute a CSA in an amount 63 not to exceed $475,000 for Phase 1 Design activities. 64 2. Approves a budget adjustment in the amount of $273,396 increasing 65 appropriations to the existing CIP, Riverside Ponds Restoration (Fund # 13-5540) for 66 Phase 1 activities and appropriates $392,547 in Federal grant funds and $130,849 67 derived from unappropriated Water Impact Fee fund balances. 68 3. Designates the City Manager or the Public Works Director as agents for Calistoga and 69 grants approval to execute all necessary agreements with Cal OES and FEMA 70 and to otherwise administer the project. 71 72 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Calistoga 73 at a regular meeting held this 4th day of September 2018, by the following vote: 74 75 AYES: 76 NOES: 77 ABSTAIN: 78 ABSENT: 79 80 _____________________________ 81 CHRIS CANNING, Mayor 82 ATTEST: 83 84 ________________________ 85 KATHY FLAMSON, City Clerk Page 5 of 56 Page 35 of 91  Attachment 2 Attachment "A" Page 6 of 56 Page 36 of 91 Page 7 of 56 Page 37 of 91 Page 8 of 56 Page 38 of 91 Page 9 of 56 Page 39 of 91 Page 10 of 56 Page 40 of 91 Page 11 of 56 Page 41 of 91 Page 12 of 56 Page 42 of 91 Page 13 of 56 Page 43 of 91 Page 14 of 56 Page 44 of 91 Page 15 of 56 Page 45 of 91 Page 16 of 56 Page 46 of 91 Page 17 of 56 Page 47 of 91 Page 18 of 56 Page 48 of 91 Page 19 of 56 Page 49 of 91 Page 20 of 56 Page 50 of 91 Page 21 of 56 Page 51 of 91 Page 22 of 56 Page 52 of 91 Page 23 of 56 Page 53 of 91 Page 24 of 56 Page 54 of 91 Page 25 of 56 Page 55 of 91 Page 26 of 56 Page 56 of 91 Page 27 of 56 Page 57 of 91 Page 28 of 56 Page 58 of 91 Page 29 of 56 Page 59 of 91 Page 30 of 56 Page 60 of 91 Page 31 of 56 Page 61 of 91 Page 32 of 56 Page 62 of 91 Page 33 of 56 Page 63 of 91 Page 34 of 56 Page 64 of 91 Page 35 of 56 Page 65 of 91 Page 36 of 56 Page 66 of 91 Page 37 of 56 Page 67 of 91 Page 38 of 56 Page 68 of 91 Page 39 of 56 Page 69 of 91 Page 40 of 56 Page 70 of 91 Page 41 of 56 Page 71 of 91 Page 42 of 56 Page 72 of 91 Page 43 of 56 Page 73 of 91 Page 44 of 56 Page 74 of 91 Page 45 of 56 Page 75 of 91 Page 46 of 56 Page 76 of 91 Page 47 of 56 Page 77 of 91 Page 48 of 56 Page 78 of 91 Page 49 of 56 Page 79 of 91 Page 50 of 56 Page 80 of 91 Page 51 of 56 Page 81 of 91 Page 52 of 56 Page 82 of 91 Page 53 of 56 Page 83 of 91 Page 54 of 56 Page 84 of 91 Page 55 of 56 Page 85 of 91 Page 56 of 56 Page 86 of 91  CITY OF CALISTOGA STAFF REPORT TO: Honorable Mayor and City Council FROM: Dylan Feik DATE: September 4, 2018 Discussion of an Ordinance Amending Title 10 of Calistoga Municipal SUBJECT: Code to Prohibit the Operation of Motorized Scooters Citywide SIGNATURE: DYLAN FEIK, City Manager DESCRIPTION: Discussion of an Ordinance Amending Title 10 of Calistoga Municipal Code to Prohibit the Operation of Motorized Scooters Citywide RECOMMENDATION: Discussion regarding ordinance amendment and provide direction to staff. SUMMARY: Should the City Council consider ordinance amendment which would prohibit the operations and use of motorized scooters Citywide? ANALYSIS: In recent months, Bay Area cities are observing that mobility companies are providing scooters to tourists, guests and residents to enhance transportation options. Because scooters aren't specifically prohibited in many of these jurisdictions, nor are they necessarily addressed in municipal codes, there are few regulations in place to address the use of these motorized devices. Calistoga does not currently have an ordinance regulating scooters. Page 87 of 91 Working with the City Attorney, staff has requested a proposal for consideration which would define “Motorized scooter” within the Calistoga Municipal Code and prohibits the operations of such motorized scooters within the City. The full text of the ordinance amendment is shown below – Chapter 10.57 Shared On-Demand Personal Mobility Devices 10.57.010 – Purpose. The purpose of this Chapter is to regulate Motorized Scooters. 10.57.020 – Definitions. “Motorized Scooters” shall refer to any two-wheeled device that has handlebars, has a floorboard that is designed to be stood upon when riding, and is powered by an electric motor or other power source such as a diesel or gasoline motor, or by human propulsion. Motorized Scooters do not include electric personal assistive mobility devices as defined in California Vehicle Code section 313. 10.57.030 – Operation of Motorized Scooters Prohibited. The operation of a Motorized Scooter by any person on City streets, sidewalks, trails, or public rights of way is prohibited. 10.57.040 – Violations. A violation of this Chapter is subject to administrative citations pursuant to Chapter 1.28 of the Calistoga Municipal Code. SECTION 3. Severability. Should a court of competent jurisdiction find any provision of this Ordinance or its application to any person or property to be invalid or unenforceable, the remaining provisions hereof shall be enforceable according to their terms and to that end the provisions of this ordinance are severable. SECTION 4. Effective Date. This ordinance shall take effect 30 days after its final passage. SECTION 5. Environmental Determination. The City Council finds and declares that the adoption and implementation of this Ordinance are exempt from the provisions of the California Environmental Quality Act under section 15061(b)(3) in that the City Council finds there is no possibility that the implementation of this Ordinance may have significant effects on the environment. SECTION 6. Publication. The City Clerk is directed to cause this Ordinance to be published in the manner required by law. Page 2 of 5 Page 88 of 91 Should Council consider this Ordinance Amendment, staff will being the process of public notice, hold a public hearing and return the item to Council for full consideration. The Council could provide further direction to staff regarding the draft ordinance including changes/modifications. By seeking a clear definition and ordinance regarding motorized scooters, the City of Calistoga is ensuring that new, contemporary issues related to public health and safety, as well as transportation, are being addressed. Council discussed this item at its regular meeting on June 19, 2018 and directed staff to prepare the ordinance amendment. Staff has published notices for tonight’s hearing and once adopted, will prepare the uniform abatement schedule to include in the City’s Code Enforcement Manual. FINANCIAL IMPLICATIONS: None ATTACHMENTS: 1. Draft Ordinance Amendment Title 10 Page 3 of 5 Page 89 of 91  Attachment 1 1 ORDINANCE NO. XXX 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALISTOGA 4 AMENDING TITLE 10 OF THE CALISTOGA MUNICIPAL CODE TO PROHIBIT 5 THE OPERATION OF MOTORIZED SCOOTERS CITYWIDE 6 7 8 WHEREAS, Municipalities throughout California have experienced an influx of new 9 companies providing motorized personal mobility devices such as scooters (“Motorized 10 Scooters”) for use as a transportation option, and as a result, these devices are gaining in 11 popularity; and 12 13 WHEREAS, Motorized Scooters can travel at a high rate of speed and therefore create 14 significant public safety hazards to bicyclists, pedestrians, as well as motorists; and 15 16 WHEREAS, Municipalities have reported problems in conjunction with Motorized 17 Scooters, such as users failing to wear proper safety gear; and 18 19 WHEREAS, Motorized Scooters that are not in use may obstruct public rights of way 20 and cause injuries to pedestrians; and 21 22 WHEREAS, Without immediate regulatory action to curb the hazards presented by 23 Motorized Scooters, accidents and collisions resulting in serious bodily injury or death have the 24 potential to occur; and 25 26 WHEREAS, California Vehicle Code section 21225 authorizes the City to regulate the 27 operation of motorized scooters on pedestrian and bicycle facilities as well as City streets and 28 highways; and 29 30 WHEREAS, California Vehicle Code section 21230 authorizes the City to prohibit the 31 operation of motorized scooters over bicycle paths, trails, or bikeways located within the City; 32 and 33 34 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CALISTOGA 35 DOES ORDAIN AS FOLLOWS: 36 37 SECTION 1. Findings. The above recitals are incorporated herein by reference and each is 38 relied upon independently by the City Council for its adoption of the Ordinance. 39 40 SECTION 2. Amendment to Municipal Code. Title 10 of the City of Calistoga Municipal Code 41 is hereby amended to add Chapter 10.57 to read as follows: 42 43 Chapter 10.57 Shared On-Demand Personal Mobility Devices 44 45 10.57.010 – Purpose. 46 47 The purpose of this Chapter is to regulate Motorized Scooters. 48 SF #4849-0659-2364 v7 Page 4 of 5 Page 90 of 91 49 10.57.020 – Definitions. 50 51 “Motorized Scooters” shall refer to any two-wheeled device that has handlebars, has a floorboard 52 that is designed to be stood upon when riding, and is powered by an electric motor or other 53 power source such as a diesel or gasoline motor, or by human propulsion. Motorized Scooters 54 do not include electric personal assistive mobility devices as defined in California Vehicle Code 55 section 313. 56 57 10.57.030 – Operation of Motorized Scooters Prohibited. 58 59 The operation of a Motorized Scooter by any person on City streets, sidewalks, trails, or public 60 rights of way is prohibited. 61 62 10.57.040 – Violations. 63 64 A violation of this Chapter is subject to administrative citations pursuant to Chapter 1.28 of the 65 Calistoga Municipal Code. 66 67 SECTION 3. Severability. Should a court of competent jurisdiction find any provision of this 68 Ordinance or its application to any person or property to be invalid or unenforceable, the 69 remaining provisions hereof shall be enforceable according to their terms and to that end the 70 provisions of this ordinance are severable. 71 72 SECTION 4. Effective Date. This ordinance shall take effect 30 days after its final passage. 73 74 SECTION 5. Environmental Determination. The City Council finds and declares that the 75 adoption and implementation of this Ordinance are exempt from the provisions of the California 76 Environmental Quality Act under section 15061(b)(3) in that the City Council finds there is no 77 possibility that the implementation of this Ordinance may have significant effects on the 78 environment. 79 80 SECTION 6. Publication. The City Clerk is directed to cause this Ordinance to be published in 81 the manner required by law. 82 83 THIS ORDINANCE was introduced with the first reading waived at the City of Calistoga 84 City of Council meeting of the __ day of ________, 2018, and was passed and adopted at a 85 regular meeting of the Calistoga City Council on the __ day of ________, 2018, by the following 86 vote: AYES: NOES: ABSENT: ABSTAIN: ________________________________ Chris Canning, Mayor ________________________________ Kathy Flamson, City Clerk SF #4849-0659-2364 v7 Page 5 of 5 Page 91 of 91