City Council

Mayor Chris Canning Vice Mayor Irais Lopez-Ortega Councilmembers Lisa M. Gift AGENDA Gary Kraus City Council - Regular Meeting Donald Williams Tuesday, May 3, 2022 - 6:00 PM Virtual * COVID-19 NOTICE * THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 54953 (AS AMENDED BY AB 361) WHICH AUTHORIZES TELECONFERENCED MEETINGS UNDER THE BROWN ACT DURING CERTAIN PROCLAIMED STATES OF EMERGENCY. THE GOVERNOR OF CALIFORNIA PROCLAIMED A STATE OF EMERGENCY RELATED TO COVID-19 ON MARCH 4, 2020. THIS TELECONFERENCED MEETING IS NECESSARY SO THAT THE CITY CAN CONDUCT ESSENTIAL BUSINESS AND IS PERMITTED UNDER GOVERNMENT CODE 54953 IN ORDER TO PROTECT PUBLIC HEALTH AND SAFETY OF ATTENDEES. Consistent with Government Code Section 54953, this City Council Meeting will be held via teleconference only, and will not be physically open to the public. Councilmembers and staff will teleconference into the meeting by audio and/or video. The meeting will be conducted via Zoom Webinar. Below is information on how the public may observe and participate in the meeting. The City recognizes that not all residents have the same ways to stay engaged, so several alternatives are offered. Please participate in the meeting by observing or listening to the meeting in one of the following ways: 1. Watch on your TV – Napa Valley TV Channel 28 (call your cable provider to ensure you have a City of Calistoga coded cable box) 2. Listen or participate via your phone – dial 1-669-900-6833, enter webinar ID: 829-0729-5419, password: 123201 3. Watch or participate online via Zoom - click this link and enter password: 123201 4. Watch online via YouTube Live at youtube.com/cityofcalistoga COMMENT ON THIS MATTER DURING THE MEETING: Please participate in the meeting by providing public comment on any item on the agenda or any item of municipal concern. To comment during a virtual meeting (Zoom), click the "Raise Your Hand" button to request to speak when Public Comment is being taken on the Agenda item. You will be unmuted when it is your turn to make your comment for up to 3 minutes. After allotted time, you will be re-muted. Instructions for how to "Raise Your Hand" are available at: https://support.zoom.us/hc/en-us/articles/205566129-Raise-Hand-In-Webinar. WRITTEN COMMENTS: Alternatively, you may provide public comment on any item on the agenda or any item of municipal concern via email. Please submit your comment, limited to 350 words or less, via email to publiccomment@ci.calistoga.ca.us. Written public comments submitted by email should clearly indicate the Agenda Item No. or specify “Oral Communications” in the Subject Line for items not on the agenda and are requested to include the submitter’s full name. Comments received by 4:00 p.m. on the day of the meeting will be posted online with the agenda packet and included in the record but will not be read aloud. Comments received after 4:00 p.m. will be made part of the written record but will not be read verbally at the meeting. The City of Calistoga thanks you in advance for taking all precautions to prevent spreading the COVID-19 virus. Note: The methods of observing or listening to the meeting or providing public comments may be altered or the meeting may be cancelled, if needed, due to certain technical disruptions.  Page 1. CALL TO ORDER – ROLL CALL - SALUTE TO THE FLAG 2. REPORT FROM CLOSED SESSIONS 3. ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS This time is set aside to receive comments from the public regarding matters on the Consent Calendar or matters of municipal concern not on the agenda. Pursuant to Government Code section 54954.3 (the Brown Act), however, the Council cannot consider any issues or take action on any requests during this comment period. Speakers are encouraged to limit their comments to 3 minutes maximum so that all speakers have an opportunity to address the City Council. 3.1. Public Comments Speedway - Redacted 5-6 3.2. Public Comments Speedway - Redacted 7-9 3.3. Public Comments - Non-Agenda Items - Redacted 10 - 12 4. ADOPTION OF MEETING AGENDA 5. CITY MANAGER’S REPORT 6. PROCLAMATIONS/PRESENTATIONS/ AWARDS 6.1. Updating the City Council on 2021 Pavement Management Program. 13 - 25 Recommended Action: No action by the City Council necessary, just receive the presentation. Staff Report - 2021 Pavement Management Program Update - Pdf 6.2. Proclamation proclaiming May 20th is "Bike to Wherever Day" and May is National Bike Month 6.3. Proclamation recognizing May 1 - 7, 2022, as 53rd Annual Professional Municipal Clerks Week. 7. CONSENT CALENDAR 7.1. Approve the Minutes of the March 15, 2022 City Council Regular Meeting 26 - 31 as submitted. Recommended Action: Approve Minutes Staff Report & Minutes 7.2. Consider adopting a Resolution approving a Final Map to create six 32 - 34 residential condominiums and a common area parcel on a single lot at 1448 N Oak Street (APN 011-160-017). Recommended Action: Adopt the Resolution. Staff Report - Resolution approving a Final Map for Oak Street Townhomes (TM 2020-1) – 1448 N Oak Street - Pdf 7.3. Consideration of a Resolution directing the City Engineer to prepare and 35 - 37 file a report for the Silverado Place Subdivision Landscape Maintenance District in accordance with Article 4 of Chapter 1 of the Streets and Highways Code. Recommended Action: Consider Adopting Resolution. Page 2 of 52  Staff Report - Prepare and File a Report for the Silverado Place Subdivision Landscape Maintenance District (LMD) - Pdf 7.4. Consideration of a Resolution directing the City Engineer to prepare and 38 - 40 file a report for the Palisades Subdivision Landscape Maintenance District in accordance with Article 4 of Chapter 1 of the Streets and Highways Code. Recommended Action: Consider Adopting Resolution. Staff Report - Prepare and File a Report for the Palisades Subdivision Landscape Maintenance District - Pdf 8. PUBLIC HEARING 8.1. Consideration to vacate a portion of Gold Street between Myrtle Street 41 - 48 and Foothill Boulevard located at APN 011-192-003 as requested by the owner. This item would also clean up city records regarding the intended purpose of the subject property. Recommended Action: 1) Adopt a resolution vacating the subject rights- of-way, and 2) direct the City Clerk to cause a certified copy of the resolution to be recorded in the Office of the County Recorder. Staff Report - Vacation of a Portion of Gold Street – SV 2021-1 - Pdf 9. GENERAL GOVERNMENT 9.1. Review the proposed Economic Diversity Application and suggest edits if 49 necessary. Recommended Action: Review the application Econ Div App Form 9.2. Consideration of dates for City Council Annual Workshop Study 50 Session(s) Recommended Action: By motion, set date, time, and format (virtual or in-person) for one or more City Council Annual Workshop Study Session(s) Staff Report - City Council Annual Workshop Study Session(s) - Pdf 10. COUNCIL REQUESTS AND IDEAS FOR DISCUSSION 10.1. Request from Councilmember Williams to add the following item to a 51 future Council agenda: City Council to consider food service at wineries. Food Service at Wineries 10.2. Request from Councilmember Williams to add the following item to a 52 future Council agenda: Consider resuming in-person City Council Meetings. In-person Council Meetings 11. ADJOURNMENT NOTICE: If you challenge a city’s zoning, planning, or other decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Judicial review of any City administrative decision may be had only if a petition is filed with the court not later than the 90th day following the date upon which the decision becomes Page 3 of 52 final. Judicial review of environmental determinations may be subject to a shorter time period for Litigation, in certain cases 30 days following the date of final decision. Pursuant to GC §54957.5 any writings/documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection on the City website at www.ci.calistoga.ca.us. AMERICANS WITH DISABILITIES ACT: The City can provide special assistance for persons with disabilities to participate in public meetings. To make a request for disability-related modification or accommodation please contact the City Clerk at mrittburg@ci.calistoga.ca.us or (707) 942-2807. If you need assistance or accommodation, please provide notice at least 48 hours prior to the meeting. For TTY/ Speech-to-Speech users, dial 7-1-1 for the California Relay Service, offering free text-to-speech, speech-to-speech, and Spanish language services 24 hours a day, 7 days a week. 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 April 26, 2022, by 4:30 p.m. Page 4 of 52  ~dditional~ Meeung of .5 I Item #3.1. s .z.,:z... hem No. Distributed ~~,.....,,,1,~/z.k Marni Rittburg From: Tamara Nieto Sent: Friday, April 22, 2022 8:02 AM To: Public Comment; Chris Canning; Laura Snideman; publiccomment@countyofnapa.org; Minh.Tran@countyofnapa.org; Helene.Franchi@countyofnapa.org; Subject Calistoga Speedway 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 County and City Officials, I am writing to express my hope that a tra nsfer of ownership of the Napa County Fairgrounds will be finalized, thus saving the historic Calistoga Speedway. I understand that much effort and work is ongoing, which is immensely appreciated by the racing enthusiasts nationwide. Calistoga Speedway is one of only two remaining half-mile dirt tracks in Ca lifornia and has a history that dates back to 1937. That history includes the names of countless race drivers and car owners who became elite figures in auto racing. The annua l "Louie Vermeil Classic" honors Calistoga resident Louie Vermeil, the drivi ng force be hind Auto Racing at Calistoga Speedway on The Napa County Fa irgrounds. Calistoga and the Napa Valley are rich in history, and I believe the Fairground Speedway is one of the most unique and memorab le dirt tracks. Thank you for allowing me to express my desire to see racing continue at Calistoga Speedway for many years to come. Regards, Tamara Nieto San Jose, CA Page 5 of 52  Item #3.1. Marni Rittburg From: FRANK CAM ILLI Sent: Saturday, April 23, 2022 12:38 PM To: Public Comment; Chris Canning; Laura Snideman Subject: Calistoga raceway 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 County and City Officials, I am writing to express my hope that a transfer of ownership of the Napa County Fairgrounds will be finalized, thus saving the historic Calistoga Speedway. I understand that much effort and work is ongoing, which is immensely appreciated by the racing enthusiasts nationwide. Calistoga Speedway is one of only two remaining half-mile dirt tracks in California and has a history that dates back to 1937. That history includes the names of countless race drivers and car owners who became elite figures in auto racing . The annual "Louie Vermeil Classic" honors Calistoga resident Louie Vermeil, the driving force behind Auto Racing at Calistoga Speedway on The Napa County Fairgrounds. Calistoga and the Napa Valley are rich in history, and I believe the Fairground Speedway is one of the most unique and memorable dirt tracks. Thank you for allowing me to express my desire to see racing continue at Calistoga Speedway for many years to come. Regards, Frank Camilli Red Bluff Ca 1 Page 6 of 52  ~dditional \~ , Item #3.2. Meeting of S-. '2-'Z.. Item No. - Marni Rittburg Distributed ~ 2-2._ From: Richard Keith Sent Sunday, April 24, 2022 7:02 PM To: Public Comment; Chris Canning; Laura Snideman; publiccomment@countyofnapa.org; Minh.Tran@countyofnapa.org; Helene.Franchi@countyofnapa.org; Donald Williams; Subject: Save the Race Track AUTION: This email originat ed from outside of the organization. Do not click links or open attachments unless you recognize t he sender and know the content is safe. Dated: 4/24/2022 Dear County and City Officials, I am writing to express my deepest hope that a transfer of ownership of the Napa County Fairgrounds will be finalized, thus saving the historic Calistoga Speedway. I understand that much effort and work is ongoing, which is immensely appreciated by racing enthusiasts nationwide. Calistoga Speedway is one of only two remaining half-mile dirt tracks in California and has a history that dates back to 1937. That history includes the names of countless race drivers and car owners who became elite figures in auto racing. The annual "Louie Vermeil Classic" honors Calistoga resident Louie Vermeil, the driving force behind Auto Racing at Calistoga Speedway on the Napa County Fairgrounds. Calistoga and the Napa Valley are rich in history, and I believe the dirt Fairground Speedway is one of the most unique and memorable dirt tracks. The benefits to Calistoga and the Napa Valley in keeping the race track open is: the influx of people coming in and spending money in this community and then going back to their respected communities. Allowing the community to stay small and still bring in a greater tax base. Racing also brings families and new generation of race fans that might not have visited Calistoga and the Napa Valley before. And it also keeps tradition and heritage alive. T hank you for allowing me to express my desire to see racing continue at Calistoga Speedway for many years to come. Regards, Richa rd Keith Del's Pizza Fair Oaks, California 1 Page 7 of 52  Item #3.2. Marni Rittburg From: Pam Griffin Sent: Tuesday, May 3, 2022 12:10 PM To: Public Comment Subject: Calistoga Racetrack and Fair Grounds CAUTION: This email originated from ootside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear County and City Officials, I am writing to express my hope t hat a transfer of ownership of the Napa County Fairgrounds will be final ized, thus saving the historic Calistoga Speedway. I understand that much effort and work is ongoing, which is immense ly appreciated by t he racing enthusiasts nationwide. *My dad brought us here as child ren to watch the races, my husband and I met here when he raced. Our son raced here and hopefully, in the future, our grandson will race here. This is what it means to us personally, but so important to the city of Cal istoga and Napa county to keep the race track and the fa irgrounds.* Calistoga Speedway is one of only two remaining half-mile dirt tracks in Californ ia and has a history that dates back to 1937. That history includes the names of countless race drivers and car owners who became elite figures in auto racing. The an nual "Louie Vermeil Classic" honors Calistoga resident Louie Vermeil, the driving force behind Auto Racing at Calistoga Speedway on The Napa County Fairgrounds. Calistoga and the Napa Valley are rich in history, and I believe the Fairground Speedway is one of the most unique and memorable dirt tracks. Thank you for all owing me to express my desire to see racing continue at Ca listoga Speedway for many years to come. Regards, 1 Page 8 of 52  Item #3.2. Pam & Mike Griffin Saint Helena, Ca . 2 Page 9 of 52  . 'tiorniU ~ddi ~II~i-. Item #3.3. ft~ Zs --2- Meetmgof S !__ Item No. Distributed - """'--5 -1,a/2 z... on.JllMs Marni Rittburg From: Cindy Yant Sent: Tuesday, May 3, 2022 9:31 AM To: Public Comment Subject: Evacuation concerns with another possible Fire season for 2022. CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good evening Calistoga Mayor Canning and City Council members, I would like to address concerns for continued growth in Calistoga as well as the surrounding areas in the upper Napa Valley and the impact the growth has on a possible need for Fire Evacuation with another fire season predicted. I understand that there is a mandate by the State of California for each community and county to add a certain percent of housing. I d id participate in the planning Department online zoom forum held 21 July 2021. At the end of the meeting during comments I did mention the issue that there should NOT be any growth at this time for Calistoga, St. Helena, Angwin and Pope Valley. All of these areas have limited evacuation routes... After the meeting I did research to find an answer to if an area could appeal and be released from the mandated growth with good reason and the answer is YES. While the Calistoga City Mayor and City Council must live within the Calistoga City limits, that requirement doesn't include those who work at Calistoga City Hall i.e.: the City manager, department heads and much of the staff, an everchanging group of employees who do not live within Calistoga City or the surrounding area. These non citizens are making decisions for an area that would not directly effect their homes or property as well as a good understanding of the impact growth has on evacuation needs during a Fire. After the Tubbs Fire many members of the community were greatly concerned about the evacuation options available. While talking and looking at maps of Calistoga there are a number of areas limited to just one exit route and that could be easily be blocked by a structure on fire in the exit area. The areas that do come to mind are Rancho de Calistoga, Riverlea, Garnett Creek, Maggie, Centennial, Palisades, Lower Washington Street - from the Senior housing at 611 to the end where the City gate is, Calistoga Springs and Chateau Calistoga - there is one open exit with the emergency exit blocked by a locked gate. Looking at evacuation routes for the City of Calistoga and the surrounding area from experiences in the past 7 years (from 2015 Valley Fire) and with the possibility there could be another disastrous fire with the upcoming predicted fire season. During the 2015 Valley Fire whoever made the decision to close Lake Co Hwy/Hwy 29 at Tubbs Lane, made a very wise decision. That decision kept people/vehicles from trying to get to Middletown off the mountain and out of the way of fire units responding while evacuation traffic came to Calistoga. I think Middletown had 4 possible evacuation routes - Hwy 29 to Lower Lake, Hwy 29 to Calistoga, Butts Canyon to Pope Valley and Hwy 175. During the 2017 Tubbs Fire, when Calistoga was evacuated in the early morning hours there were only 2 evacuation routes - St. Helena Hwy N/Hwy 29 to St. Helena and Silverado Trail to St. Helena. I don't know if there was any consideration for the impact of the Atlas Fire or the Nuns Fire had on each of those routes as both fires were creating evacuation needs and the routes that could have possibly created serious congestion with the need for other communities to evacuate or fire closing those routes, as most of the exit roads from the Napa Valley floor to the west - St. Helena Rd and Oakville Grade into Sonoma County were already compromised. And the possibility leaving St Helena by using Sage Canyon/Hwy 128, it was blocked by the Atlas Fire and the other possible route through Angwin could have put people in serious danger. During the 2019 Kincade Fire the evacuation route was similar to the Tubbs Fire. With the evacuation of Sonoma County using Hwy 128 or Petrified Forest was not an option, Lake County Hwy/Hwy 29 to Lake County was closed therefore leaving the Silverado Trail and St. Helena Hwy N/Hwy 29 both going to St. Helena open. During the 2020 Glass Fire the exit routes were even less. Had the town not evacuated when it did the only route open was Hwy 128 to Healdsburg .... All other routes were blocked by fire. 1 Page 10 of 52  Item #3.3. The City of Calistoga has a population of approx. 5153. With the day visitors and resorts the population could easily be 15,000 +. If the Glass fire had spread faster there probably wouldn't have been time to get everyone in Calistoga and the surrounding area safely evacuated. People say "Grow or die" but at this time with all the fire issues in the areas mentioned above and lack of possible evacuation routes the saying could easily be Die if growth isn't stopped or slowed drastically. Through the negligence of the City of Calistoga and the County of Napa to NOT appeal the State mandated growth percent, I feel there is the potential for many lives to be lost if the fire predictions are correct. Again, Thank you for your time. Cindy Yant 2 Page 11 of 52  Item #3.3. Marni Rittburg From: Sent: Tuesday, May 3, 2022 2:22 PM To: Public Comment Subject: Richard Testa - View Rd Request for update on the Oak Street foot bridge 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. Would it be possible to get an update from Public Works on the status of the South Oak Street to Logvy foot bridge? Fire Season is fast approaching again and this was going to provide an additional evacuation route as well as a way to get to the park to shelter in place. Have we made any progress, it has been 4 years. Thanks Rick Testa 1 Page 12 of 52  Item #6.1. City of Calistoga STAFF REPORT To: Honorable Mayor and City Council From: Hamid Heidary, Engineer Meeting: City Council - May 03 2022 Subject: 2021 Pavement Management Program Update DESCRIPTION: Updating the City Council on 2021 Pavement Management Program. RECOMMENDATION: No action by the City Council necessary, just receive the presentation. BACKGROUND/SUMMARY: Staff has completed pavement assessment of the city streets and prepared the 2021 Pavement Management Budget Option Report. Metropolitan Transportation Commission (MTC) awarded a Federal grant to the City to update the city’s Pavement Management Program (PMP). An updated PMP is required for various State and Federal transportation grants. CEQA STATUS: That the recommend action is not a project under the definitions contained in the Guidelines of the California Environmental Quality Act (CEQA) and is therefore exempt from CEQA. ATTACHMENT(S): 1. 2022 PMP Presentation APPROVAL(S): Derek Rayner, Public Works Director/City Engineer Approved - Apr 26 2022 Gloria Leon, Administrative Services Director Approved - Apr 26 2022 Laura Snideman, City Manager Approved - Apr 26 2022 Marni Rittburg, City Clerk Approved - Apr 26 2022 Page 13 of 52  Pavement Management Program Update City Council Meeting Tuesday, May 3, 2022 Public Works Department Page 14 of 52 Item #6.1. 1  The Pavement Technical Assistance Program (PTAP) • Administered by The Metropolitan Transportation Commissionby(MTC) • Administered The Metropolitan Transportation Grants funded • Commission (MTC)by the Federal Highway Administration • Grants funded by (FHWA) the Federal Highway Administration City application for grant is based on our need for • (FHWA) Pavement • City Assessment, application Budget for grant based Management on need and and Pavement PMP certification Management System certification; Generally • Generally donedone every every 2 to 3 years- the last PMP 2 years certificate • PTAP was certified issued in consulting 2018. firms provide services; pavement PTAP certified • distress surveys, consulting firms provide Pavement Condition Index services; (PCI) pavement distress calculations surveys, Pavement Condition and reporting Index • PMP (PCI) calculations certification needed for and reporting state and federal grant PMP certification needed for state and federal grant • applications applications Page 15 of 52 Item #6.1. 2  MTC Pavement Categories Page 16 of 52 Item #6.1. 3  Pavement Lifecycle Timeline Page 17 of 52 Item #6.1. 4  Pavement Preservation Philosophy Slurry Seal $.72 SF Cape Seal $2.22 SF AC Overlay $7.50-$8.90 SF Reconstruct $22-$33 SF Page 18 of 52 Item #6.1. 5  Calistoga Roadway Data 2021 Pavement Condition Summary Very Poor 20% Poor Good/Very 14% Good 57% Fair 9% Page 19 of 52 Item #6.1. 6  Calistoga’s Historical PCI Network PCI 100 90 80 70 63 61 63 62 59 57 58 60 61 56 56 60 52 53 54 53 50 PCI 40 30 20 Page 20 of 52 Item #6.1. 7  Item #6.1. Scenarios Summary Page 21 of 52 8  Item #6.1. Thank You City Council Page 22 of 52 9  4 Scenarios Analyzed • Unconstrained Scenario 5yr (85) - $3.3 M/yr • Increase PCI of 5 for 5yr (65)- $850,000/yr • Increase PCI of 10 for 5yr (70)- $1.1 M/yr • Current funding for 5yr (67) - $1.0 M/yr • Current backlog: $16.4M • Backlog after 5 years: $10.3M Page 23 of 52 Item #6.1. 10  StreetSaver Dashboard Page 24 of 52 Item #6.1. 11  Item #6.1. 2021 PCI MAP Page 25 of 52 12  Item #7.1. CITY OF CALISTOGA STAFF REPORT TO: Honorable Mayor and City Council FROM: Marni Rittburg, City Clerk DATE: May 3, 2022 SUBJECT: Approving Minutes of the March 15, 2022, Regular City Council Meeting Approved by: ~~ ~~~ Laura Snideman, City Manager DESCRIPTION: Consider approving the Minutes of the March 15, 2022, Regular City Council Meeting. RECOMMENDATION: Approve the minutes as submitted. ATTACHMENTS: March 15, 2022, Regular City Council Meeting Minutes Page 26 of 52  Item #7.1. DRAFT MINUTES CALISTOGA CITY COUNCIL REGULAR MEETING Tuesday, Mach 15, 2022 - 6:00 P.M. Virtual Meeting 1. CALL TO ORDER - ROLL CALL - SALUTE TO THE FLAG Mayor Canning, called the regular session to order at 6:10 p.m . Present: Councilmembers Gary Kraus, and Donald Williams; Vice Mayor lrais Lopez- Ortega, and Mayor Chris Canning Absent: Councilmember Gift 2. REPORT FROM CLOSED SESSION Mayor Canning stated there was no reportable action taken in Closed Session. 3. ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS Oral communication was received. For oral communication and public comment content, for any item on the agenda, view the video of the meeting available on the City's YouTube channel at https://www.youtube.com/user/CityofCalistoga or visit the City's Website at: https://calistoga.civicweb. net/Portal/Meetinqlnformation.aspx?Org=Cal&ld=219 4. ADOPTION OF MEETING AGENDA Motion by Councilmember Kraus and seconded by Councilmember Williams and passed by the following roll call vote to adopt the meeting agenda as presented. AYES: Councilmembers Kraus and Williams, Vice Mayor Lopez- Ortega and Mayor Canning NOES: None ABSTAIN: None ABSENT: Councilmember Gift 5. CITY MANAGER'S REPORT City Manager Laura Snideman provided updates on COVID-19 and public projects including an Income Survey that will be delivered to resident's home in early April which will be used to determine the median household income that will be used to apply for federal or state funding programs. 6. PROCLAMATIONS/PRESENTATIONS/AWARDS 6.1 Mayor Canning presented a Proclamation recognizing March as American Red Cross Month. Page 27 of 52  Item #7.1. Calistoga City Council Minutes March 15, 2022 Page 2 of 5 6.2 Calistoga Chamber of Commerce Executive Director Bruce Kyse and consultants David Greensfelder of Greensfelder Real Estate Strategy and Heidi Sokolowsky of Urban Field Studio presented a PowerPoint presentation on downtown revitalization. 7. CONSENT CALENDAR Public comment was not received. Motion by Councilmember Kraus, second by Vice Mayor Lopez-Ortega and passed by the following roll call vote, Council approved all Consent Calendar items: AYES: Councilmembers Kraus and Williams, Vice Mayor Lopez-Ortega, and Mayor Canning NOES: None ABSTAIN: None ABSENT: Councilmember Gift 7.1 Approve the Minutes of the February 15, 2022, City Council Regular Meeting as submitted. Recommended Action: Approve Minutes 7.2 Consider adopting a Resolution approving the 2022 Parade/Event Schedule and Authorizing the Public Works Department to Apply for Encroachment Permits from Caltrans. Recommended Action: Adopt Resolution 7.3 Consider adopting a Resolution authorizing and entering into A Joint Use Agreement ("Agreement") with the Calistoga Joint Unified School District("District") to provide for the use of City-owned or managed public facilities by the District and for the use of District-owned or managed public facilities by the City; and a Schedule and Reimbursement Agreement for use of the Calistoga Community Pool by the Calistoga Joint Unified School District. Recommended Action: Adopt Resolution 7.4 Consider adopting a Resolution authorizing the purchase of a 2022 Ford Interceptor 6-cylinder Eco Boost SUV and outfit the patrol vehicle with equipment and markings not to exceed $62,912 and accept the insurance reimbursement of the purchase and outfitting costs minus the $10,000 deductible. Recommended Action: Adopt Resolution 7.5 Consider adopting a Resolution authorizing the purchase of the 13 AXON Body Worn Cameras, 13 Evidence.com video storage licenses, and 12 TASER CEWs via a bundle package through Axon Enterprise Inc. The purchase of this safety equipment not to exceed $125,000. Recommended Action: Adopt Resolution Page 28 of 52  Item #7.1. Calistoga City Council Minutes March 15, 2022 Page 3 of 5 7.6 Consider adopting a Resolution accepting a Donation from Brian Durnian and Darlene Brissard of Calistoga Realty, Margaret Law, Julie Taylor, Mary Givens and Nancy Putney-Abernathy for a Memorial Bench and Approving a Budget Adjustment in the Amount of $4,189. Recommended Action: Adopt Resolution 7. 7 Consider affirming Resolution 2021-071 findings related to the state of emergency due to COVID-19 authorizing the City Manager to continue implementing teleconference accessibility to conduct public meetings pursuant to Assembly Bill 361 . Recommended Action: Affirm Resolution 2021-071 findings in accordance with the provisions and findings of AB 361 to continue virtual/teleconference meetings of the City Council and City Boards, Commissions, and Committees after September 30, 2021. 7.8 Consider adopting a Resolution authorizing the City Manager to execute one or more Letters of Intent for a ground lease on City property for the purpose of installing and operating a clean energy microgrid. Recommended Action: Adopt Resolution 8. PUBLIC HEARING 8.1 Consideration the appeal of a use permit and design review renewal application for a three-guest unit expansion project and associated on-site improvements at the Aurora Park Cottages located at 1807 Foothill Boulevard (APN 011-290-046). The application was originally approved by Planning Commission on February 26, 2020, with an approval of renewal on February 9, 2022. Recommended Action: Consider adopting a Resolution denying Appeal AP 2022-2 thereby upholding Planning Commission approval of application UP 2022-1 and DR 2022-1, finding the project categorically exempt from CEQA, and approving Use Permit Application UP 2022-1 and Design Review Application DR 2022-1. Mayor Canning recused himself and left the meeting due to a proximity issue. Planning and Building Director Jeff Mitchem presented the items and provided a PowerPoint presentation. Tom Adams, the Appellants Attorney, then spoke. Council and staff discussion ensued . Vice Mayor Lopez-Ortega opened the Public Hearing at 7:50 p.m., Vice Mayor Lopez- Ortega closed the Public Hearing at 7:53 p.m. There was one public comment received. Motion by Councilmember Williams to uphold the Appeal, the motion died for lack of a second. Motion by Councilmember Kraus, second by Vice Mayor Lopez-Ortega and Page 29 of 52  Item #7.1. Calistoga City Council Minutes March 15, 2022 Page 4 of 5 passed by the following roll call vote, Council remanded this item back to the Planning Commission. AYES: Councilmember Kraus and Vice Mayor Lopez-Ortega NOES: Councilmember Williams ABSTAIN: None ABSENT: Councilmember Gift Mayor Canning rejoined the meeting . 8.2 ITEM WILL BE CONTINUED TO APRIL 19, 2022 - Draft Housing Element. Staff briefing on Calistoga's 6th Cycle Housing Element Update. Recommended Action: Continue item to April 19, 2022. Council continued this item to April 19, 2022. 9. GENERAL GOVERNMENT 8.3 Consider adopting a Resolution authorizing a non-routine encroachment permit for an existing 4.5-foot-tall fence on the North Oak Street side of the property located at 1803 Aurora Drive (APN 011-524-002). Recommended Action: Adopt Resolution Councilmember Kraus recused himself and left the meeting due to a proximity issue. Director of Public Works Derek Rayner presented the item. Council and staff discussion ensued. Public comment was not received. Motion by Mayor Canning with the caveat the drawing will be modified to show the fence at 4.5,' second by Councilmember Williams and passed by the following roll call vote, Council adopted Resolution 2022-022 Authorizing a Non-Routine Encroachment Permit For A 4.5' Tall Fence, on the North Oak Side of the Property Located at 1803 Aurora Drive (APN 011-524-002). AYES: Councilmember Williams, Vice Mayor Lopez-Ortega, and Mayor Canning NOES: None ABSTAIN: None ABSENT: Councilmember Gift RECUSED: Councilmember Kraus Councilmember Kraus rejoined the meeting. 10.COUNCIL REQUESTS AND IDEAS FOR DISCUSSION Councilmember Kraus stated that if staff can make sure when people apply to put in a diesel Generator that they are aware of that there are options for a natural gas-powered Generator or a battery back-up to help with Climate Change and greenhouse gas. Page 30 of 52  Item #7.1. Calistoga City Council Minutes March 15, 2022 Page 5 of 5 Vice Mayor Lopez-Ortega stated she heard from a member of the Green Committee that there are not many people applying for the rebate to help with the purchase of a new Electric/Battery Leaf Blower and wanted to remind the community that starting July 1, 2022, the use of gasoline powered leaf blowers will not be permitted in Calistoga. Mayor Canning stated that Drought is here, it is not going away, please entertain best practices. Mayor Canning commented that yes, we have staff issues, and we are not alone and that we are making every effort to fill open positions and that we must reset our expectations as a City Council on what is deliverable. G.) ADJOURNMENT Mayor Canning adjourned the meeting at 8:35 p.m. Respectfully Submitted Prepared by: Approved by: Marni Rittburg, City Clerk Chris Canning, Mayor Approved: Page 31 of 52  Item #7.2. City of Calistoga STAFF REPORT To: Honorable Mayor and City Council From: Jeff Mitchem, Planning & Building Director Meeting: City Council - May 03 2022 Subject: Resolution approving a Final Map for Oak Street Townhomes (TM 2020-1) – 1448 N Oak Street DESCRIPTION: Consider adopting a Resolution approving a Final Map to create six residential condominiums and a common area parcel on a single lot at 1448 N Oak Street (APN 011-160-017). RECOMMENDATION: Adopt the Resolution. BACKGROUND/SUMMARY: On September 23, 2020, the Planning Commission approved a Tentative Map Resolution No. PC 2020-15 (TM 2020-1) and design Review Resolution No. PC 2020-16 (DR 2020-6) submitted by 1448 N Oak Calistoga, LLC (the Developer) dividing an existing .5-acre property to create six residential condominiums and a common parcel located at 1448 N Oak Street (APN 011-160-017.) The Developer has prepared the Final Map which has been reviewed for conformance with the conditions of approval specified in TM 2020-1 and DR 2020-6, the Calistoga Municipal Code, the State Subdivision Map Act, and it has been found to substantially conform with the approved Tentative Map. Once a Final Map has been submitted that conforms to all requirements, its approval becomes a quasi-ministerial act with little room for discretionary action. Both the Calistoga Municipal Code (CMC 16.10.080) and the State Subdivision Map Act (66458) stipulate that the Council approve a Final Map if it conforms to the conditions of approval, and the requirements of the State and local codes. Improvement plans have been submitted and reviewed by the City Engineer in conformance with the Conditions of approval and have been, or are ready to be, approved. Building permits have been issued and all improvements comply all stipulated requirements herein. The attached resolution approves the Final Map, directs the City Clerk to certify the Council’s action on the map and authorizes the Public Works Department to have the Final Map recorded. CEQA STATUS: This action will not have a significant effect on the environment in accordance with the California Environmental Quality Act (CEQA) and qualifies for a Class 32 Categorical Exemption for In-Fill Development Projects. FINANCIAL IMPACT: Page 32 of 52  Item #7.2. The approval of the Final Map itself has no direct fiscal impact to the City’s General or Operating Funds. Fiscal impacts of the development are offset through the payment of impact and mitigation fees, connection fees and charges for services. ATTACHMENT(S): CC RESO 2022-XX APPROVAL(S): Gloria Leon, Administrative Services Director Approved - Apr 19 2022 Laura Snideman, City Manager Approved - Apr 19 2022 Marni Rittburg, City Clerk Approved - Apr 21 2022 Page 33 of 52  Item #7.2. RESOLUTION 2022-XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF NAPA, STATE OF CALIFORNIA APPROVING A FINAL MAP FOR THE LANDS OF 1448 N OAK CALISTOGA, LLC WHEREAS, the Final Map for the division of lands of 1448 N Oak Calistoga, LLC has been presented to the City of Calistoga for approval; and WHEREAS, said Final Map subdivides a .5-acre parcel into six (6) residential condominiums and a common area parcel on a single lot; WHEREAS, on September 23, 2020 the adopted Planning Commission Resolution No. PC 2020-16 approving the Tentative Map and conditions of approval for this subdivision; and WHEREAS, said Final Map is substantially the same as the approved Tentative Map and is in substantial conformance with said Tentative Map and conditions of approval; and WHEREAS, said Final Map conforms to the requirements of the State Subdivision Map Act and the Calistoga Municipal Code; and WHEREAS, improvement plans have been reviewed and approved by the City Engineer. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The City Clerk is directed to certify the Council’s action on the Final Map. 2. The Public Works Department is authorized to have the Final Map recorded with the Napa County Recorder’s Office. PASSED, APPROVED AND ADOPTED this 3rd day of May 2022. I, MARNI RITTBURG, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: ____________________________ __________________________ Marni Rittburg, CMC, City Clerk Chris Canning, Mayor Page 34 of 52  Item #7.3. City of Calistoga STAFF REPORT To: Honorable Mayor and City Council From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - May 03 2022 Subject: Prepare and File a Report for the Silverado Place Subdivision Landscape Maintenance District (LMD) DESCRIPTION: Consideration of a Resolution directing the City Engineer to prepare and file a report for the Silverado Place Subdivision Landscape Maintenance District in accordance with Article 4 of Chapter 1 of the Streets and Highways Code. RECOMMENDATION: Consider Adopting Resolution. BACKGROUND/SUMMARY: Through the conditions of approval for the Silverado Place Subdivision, the City required the establishment of a Landscape Maintenance District (LMD) to fund the maintenance of adjacent public landscaping through the levying of assessments on the parcels within that subdivision. The Landscaping and Lighting Act of 1972 (Streets and Highways Code 22500-22647) requires that the City undertake certain proceedings for any fiscal year during which an assessment is proposed to be levied and collected. These proceedings are usually accomplished through three Council actions as follows: 1. Adopt a resolution directing the City Engineer to prepare and file a report. 2. Approve the Engineer’s Report, declare the City Council’s intent to levy and collect assessments and set the date for a public hearing. 3. Conduct a public hearing and authorize the actual levying and collection of assessments. The recommended Resolution begins the process for the 2022/2023 assessment. At the June 7, 2022, meeting you will receive the Engineer’s Report and set the date for a public hearing. During the Public Hearing, the Council will receive any public testimony on the proposed assessment and will consider the levy of the proposed assessments. CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES: The recommended action supports City Council Goal No. 3, Objective 2 by providing a funding mechanism to “…maintain the high level of service and reliability of the City’s infrastructure systems and facilities.” The LMD provides a funding mechanism for maintenance of the landscaping that benefits the properties in the LMD. Without this funding mechanism, the City would have to consider Page 35 of 52  Item #7.3. termination of landscape maintenance or use other discretionary funding to cover the maintenance costs. CEQA STATUS: That the recommend action is not a project under the definitions contained in the Guidelines of the California Environmental Quality Act (CEQA) and is therefore exempt from CEQA. FINANCIAL IMPACT: There will be no fiscal impact through the adoption of the recommended resolution. Actual fiscal impact will be determined after the preparation of the Engineer’s Report. ATTACHMENT(S): 1. Draft Resolution Page 36 of 52  Item #7.3. ATTACHMENT 1 RESOLUTION NO. 2022-XXX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF NAPA, STATE OF CALIFORNIA, DIRECTING THE CITY ENGINEER TO PREPARE AND FILE A REPORT FOR THE SILVERADO PLACE SUBDIVISION LANDSCAPE MAINTENANCE DISTRICT (LMD) IN ACCORDANCE WITH ARTICLE 4 OF CHAPTER 1 OF THE STREETS AND HIGHWAYS CODE WHEREAS, the City of Calistoga established a Landscape Maintenance District for the Silverado Place Subdivision to fund the maintenance of adjacent public landscaping through the levying of assessments on the parcels within that subdivision; and WHEREAS, the Landscaping and Lighting Act of 1972 (Streets and Highways Code 22500- 22647) requires that the City undertake certain proceedings for any fiscal year during which an assessment is proposed to be levied and collected; and WHEREAS, the recommended action is general policy and procedure and is not a Project under CEQA pursuant to Section 15378(b) (4) of CEQA; and WHEREAS, the first step in these annual proceedings is to direct the City Engineer to prepare and file a report. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY find the following: 1. Directs the City Engineer to prepare and file a report for the Silverado Place Subdivision Landscape Maintenance District as required by the Streets and Highways Code and return to the Council with the completed report for further action. PASSED, APPROVED AND ADOPTED this 3rd day of May 2022. I, MARNI RITTBURG, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: ____________________________ __________________________ Marni Rittburg, CMC, City Clerk Chris Canning, Mayor Page 37 of 52  Item #7.4. City of Calistoga STAFF REPORT To: Honorable Mayor and City Council From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - May 03 2022 Subject: Prepare and File a Report for the Palisades Subdivision Landscape Maintenance District DESCRIPTION: Consideration of a Resolution directing the City Engineer to prepare and file a report for the Palisades Subdivision Landscape Maintenance District in accordance with Article 4 of Chapter 1 of the Streets and Highways Code. RECOMMENDATION: Consider Adopting Resolution. BACKGROUND/SUMMARY: Through the conditions of approval for the Palisades Subdivision, the City required the establishment of a Landscape Maintenance District (LMD) to fund the maintenance of adjacent public landscaping through the levying of assessments on the parcels within those subdivision. The Landscaping and Lighting Act of 1972 (Streets and Highways Code 22500-22647) requires that the City undertake certain proceedings for any fiscal year during which an assessment is proposed to be levied and collected. These proceedings are usually accomplished through three Council actions as follows: 1. Adopt a resolution directing the City Engineer to prepare and file a report. 2. Approve the Engineer’s Report, declare the City Council’s intent to levy and collect assessments and set the date for a public hearing. 3. Conduct a public hearing and authorize the actual levying and collection of assessments. The recommended Resolution begins the process for the 2022/2023 assessment. At the June 7, 2022, meeting you will receive the Engineer’s Report and set the date for a public hearing. During the Public Hearing, the Council will receive any public testimony on the proposed assessment and will consider the levy of the proposed assessments. CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES: The recommended action supports City Council Goal No. 3, Objective 2 by providing a funding mechanism to “…maintain the high level of service and reliability of the City’s infrastructure systems and facilities.” The LMD provides a funding mechanism for maintenance of the landscaping that benefits the properties in the LMD. Without this funding mechanism, the City would have to consider Page 38 of 52  Item #7.4. termination of landscape maintenance or use other discretionary funding to cover the maintenance costs. CEQA STATUS: That the recommend action is not a project under the definitions contained in the Guidelines of the California Environmental Quality Act (CEQA) and is therefore exempt from CEQA. FINANCIAL IMPACT: There will be no fiscal impact through the adoption of the recommended resolution. Actual fiscal impact will be determined after the preparation of the Engineer’s Report. ATTACHMENT(S): 1. Draft Resolution Page 39 of 52  Item #7.4. ATTACHMENT 1 RESOLUTION NO. 2022-XXX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF NAPA, STATE OF CALIFORNIA, DIRECTING THE CITY ENGINEER TO PREPARE AND FILE A REPORT FOR THE PALISADES SUBDIVISION LANDSCAPE MAINTENANCE DISTRICT (LMD) IN ACCORDANCE WITH ARTICLE 4 OF CHAPTER 1 OF THE STREETS AND HIGHWAYS CODE WHEREAS, the City of Calistoga established a Landscape Maintenance District for the Palisades Subdivision to fund the maintenance of adjacent public landscaping through the levying of assessments on the parcels within that subdivision; and WHEREAS, the Landscaping and Lighting Act of 1972 (Streets and Highways Code 22500-22647) requires that the City undertake certain proceedings for any fiscal year during which an assessment is proposed to be levied and collected; and WHEREAS, the recommended action is general policy and procedure and is not a Project under CEQA pursuant to Section 15378(b) (4) of CEQA; and WHEREAS, the first step in these annual proceedings is to direct the City Engineer to prepare and file a report. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY find the following: 1. Directs the City Engineer to prepare and file a report for the Palisades Subdivision Landscape Maintenance District as required by the Streets and Highways Code and return to the Council with the completed report for further action. PASSED, APPROVED AND ADOPTED this 3rd day of May 2022. I, MARNI RITTBURG, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: ____________________________ __________________________ Marni Rittburg, CMC, City Clerk Chris Canning, Mayor Page 40 of 52  Item #8.1. City of Calistoga STAFF REPORT To: Honorable Mayor and City Council From: Jeff Mitchem, Planning & Building Director Meeting: City Council - May 03 2022 Subject: Vacation of a Portion of Gold Street – SV 2021-1 DESCRIPTION: Consideration to vacate a portion of Gold Street between Myrtle Street and Foothill Boulevard located at APN 011-192-003 as requested by the owner. This item would also clean up city records regarding the intended purpose of the subject property. RECOMMENDATION: 1) Adopt a resolution vacating the subject rights-of-way, and 2) direct the City Clerk to cause a certified copy of the resolution to be recorded in the Office of the County Recorder. BACKGROUND/SUMMARY: State law and CMC Sections 12.32.010 and 16.16.220 establish the procedures for vacating or abandoning a street. Depending on the remaining use of right-of-way to be vacated, a local agency may either pursue a summary vacation procedure or a general vacation procedure. In this instance a general vacation procedure is necessary as there are drainage facilities, which need to remain in the former right-of-way. The general vacation procedure requires that the Planning Commission review, consider and make a recommendation to the City Council with respect to consistency with the City's 2003 General Plan Update, 2014 Circulation Element. The 2003 General Plan Update states that the City will implement a number of changes to the street network as seen on Figure CIR-3 of the General Plan. Furthermore, Page CIR-12 of the 2003 General Plan Update states that State law requires State law requires jurisdictions to abandon “paper streets” that will not foreseeably be used for those intended rights-of-way of other public uses. This segment of Gold Street has historically been considered a “paper street” and is not necessary to maintain Calistoga’s street network. Furthermore, the intersection of Gold Street and Foothill Boulevard was determined as a potential traffic and circulation concern with the City and with the California Department of Transportation (Caltrans) in 1993. Although, this segment of Gold Street has never been intended for roadway purposes, the land currently contains existing significant drainage facilities necessary to maintain safety and prevent localized flooding. Therefore, an easement shall be dedicated and recorded for the drainage facilities to allow for City maintenance (Condition of Approval No. 1.) In the event the applicant seeks to relocate the drainage facilities in order to develop the subject property, approval from regulatory agencies would be required prior to doing so (Condition of Approval No. 4.) Pursuant to 2014 Housing Element (Figure H-4 Site Number 10), the parcel is depicted as a potential residential development site and has a General Plan Designation of Medium-Density Residential with Page 41 of 52  Item #8.1. a zoning designation of R-1: Single-Family Residential. And, pursuant to the 2014 Circulation Element Update, abandoning this “paper street’ could allow use of the land for housing, parks, or other needed uses. Therefore, Staff finds that this action is consistent with the General Plan. On February 9, 2022 the Planning Commission held a public hearing on the proposed street vacation and determined that the construction and use of Gold Street are not included in the modifications and improvements to Calistoga’s street network called for by the General Plan’s Circulation Element. Furthermore, Action A1.1-2 of the Element calls for the City to eliminate unnecessary “paper streets.” Therefore, the Commission determined that abandonment of these rights-of-way would be consistent with the General Plan. Upon receipt of this recommendation from the Commission, the Council adopted Resolution 2022- 025 on April 2, 2022 declaring its intention to vacate the portions of these rights-of-way and set the matter for a public hearing on May 3, 2022. CEQA STATUS: The proposed rights-of-way vacations are exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3) of the CEQA Guidelines, the “general rule” exemption, because it can be seen with certainty that there is no possibility that the actions in question may have a significant effect on the environment. FINANCIAL IMPACT: The proposed vacations will allow the development of the subject property with an apartment project, which will have a positive fiscal impact for the City. ATTACHMENT(S): SV 2021-1 RESO CC RESO Exhibit A RESO Exhibit B RESO Exhibit C APPROVAL(S): Gloria Leon, Administrative Services Director Approved - Apr 19 2022 Laura Snideman, City Manager Approved - Apr 19 2022 Marni Rittburg, City Clerk Approved - Apr 21 2022 Page 42 of 52  Item #8.1. ATTACHMENT 1 RESOLUTION 2022-XXX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA VACATING A PORTION OF GOLD STREET RIGHT-OF-WAY (SV 2021-1) WHEREAS, the City of Calistoga desires to vacate a section of Gold Street located between Myrtle Street and Foothill Boulevard; and WHEREAS, these proceedings are pursuant to and in accordance with Section 8300, et seq., of the California Streets and Highway Code; and WHEREAS, on April 5, 2022, notice stating the time and place of the public hearing were posted along the area of the proposed vacation and realignment as required by California Streets and Highways Code Section 8323; and WHEREAS, on March 25, 2022, notices of the public hearing were published in the Calistoga Tribune as required by California Streets and Highways Code Section 8322; and WHEREAS, after a public meeting on February 9, 2022, the Calistoga Planning Commission found that: 1. The paper street is not needed for the city’s street network and is not included in the modifications and improvements to Calistoga’s street network called for by the General Plan’s 2014 Circulation Element. 2. Circulation Element Action A1.1-2 calls for the City to cooperate with landowners to eliminate unnecessary “paper streets”. 3. The Planning Commission finds that the proposed abandonment of Gold Street, between Foothill Boulevard and Myrtle Street would not take affordable homes away from the potential housing stock as seen on Figure H-4 of the 2014 Housing Element within the 2003 General Plan Update. As shown on Figure H-4 under Site Number 10, the parcel is depicted as a potential development site and has a General Plan Designation of Medium- Density Residential with a zoning designation of R-1: Single-Family Residential. Furthermore, Staff finds that this action to abandon a portion of Gold Street between Foothill Boulevard and Myrtle Street is no longer needed for traffic circulation to be consistent with the 2003 General Plan Update goals and actions. WHEREAS, on April 5, 2022, the City Council adopted Resolution No. 2022-025 declaring the Council’s intent to consider the vacation and set the matter for a public hearing on May 3, 2022; and WHEREAS, at a public meeting on May 3, 2022, the City Council considered the public record on this matter, including the written and oral staff reports, and testimony presented during the meeting; and WHEREAS, this action is not subject to the California Environmental Quality Act Page 43 of 52  Item #8.1. Resolution No. 2022-XXX Gold Street ROW Vacation (SV 2022-1) Page 2 of 3 (CEQA) under Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the proposed vacations may have a significant effect on the environment. NOW, THEREFORE BE IT RESOLVED AS FOLLOWS: SECTION 1. The City Council of the City of Calistoga hereby finds that all of the findings contained in the staff report dated May 3, 2022 are true and correct and are hereby incorporated by reference. SECTION 2. The City Council hereby finds and determines that no portion of Gold Street as described in Exhibits A and B attached to this resolution are useful for non- motorized transportation facilities. SECTION 3. The City Council finds that though this segment of Gold Street has never been intended for roadway purposes, the land currently contains existing significant drainage facilities necessary to maintain safety and prevent localized flooding. Therefore, an easement shall be dedicated and recorded for the drainage facilities to allow for City maintenance, as a condition of approval. The applicant has expressed their desire to relocate the drainage facilities in order to develop the subject property. It is understood that approval from regulatory agencies would be required prior to doing so, as conditioned (Exhibit C). SECTION 4. The City Council orders the vacations of the rights-of-way described in the legal descriptions set forth in Exhibit A and depicted in Exhibit B that are attached hereto and incorporated by reference. SECTION 5. These vacations are completed in accordance with the provisions of the California Streets and Highways Code, Part 3, "Public Street, Highways and Service Easements Vacation Law", Chapter 3, "General Vacation Procedure" and Sections 12.32 and 16.16.220 of the Calistoga Municipal Code. SECTION 6. Pursuant to California Streets and Highways Code Section 8325, the City Clerk shall cause a certified copy of this Resolution, attested by the Clerk under seal, to be recorded in the office of the County Recorder of the County of Napa. Upon such recordation, the vacation shall be complete. PASSED, APPROVED AND ADOPTED this 3rd day of May 2022. I, MARNI RITTBURG, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote: Page 44 of 52  Item #8.1. Resolution No. 2022-XXX Gold Street ROW Vacation (SV 2022-1) Page 3 of 3 AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: ____________________________ __________________________ Marni Rittburg, CMC, City Clerk Chris Canning, Mayor Page 45 of 52  Item #8.1. EXHIBIT “A” – LEGAL DESCRIPTION The land described herein is situated in the State of California, County of Napa, City of Calistoga, described as follows: Commencing at the intersection of the Southwesterly line of Myrtle Street with the Northwesterly line of Silver Street. Thence North 66° 21' West along the Southwesterly line of Myrtle Street 360.0 feet to the true point of beginning. Thence continuing along said Myrtle Street North 66° 21' West 60.0 feet. Thence leaving said Myrtle Street South 23° 39' West 240.0 feet to the Northerly line of Foothill Blvd., thence South 66° 21 East along the Northerly line of said Foothill Blvd., 60.0 feet; thence leaving said Foothill Blvd., North 23° 39' West 240.0 feet to the true P. 0. B., within the City of Calistoga. APN: 011-192-003-000 * * * * * * * * * * * * * * * END OF LEGAL DESCRIPTION * * * * * * * * * * * * * * * * Page 46 of 52  Page 47 of 52 Item #8.1. 1711 1505 1501 1615 1605 1515 1721 1717 1713 1705 1703 1621 1617 1611 1601 1521 1517 1509 1503 1201 1206 Def. 1518 Agr.1206 “R1” 1704 1700 1622 1618 1610 1207 1514 1508 1504 1202 “R1” 1202 1706 1702 “R1” EXHIBIT B 1615 1113 “R1” 1703 1623 1513 1613 1611 1601 1517 1515 1617 1605 1114 1111 1622 1618 1612 Def. 1522 1520 “R1” 1510 1506 1502 1722 1710 1706 1610 Agr. 1518 1514 1608 1716  Item #8.1. EXHIBIT C CONDITIONS OF APPROVAL NOW, THEREFORE, BE IT RESOLVED by the City of Calistoga City Council that based on the above findings, the City Council approves the proposed street vacation, subject to the following conditions of approval: 1. Prior to vacating Street Right of Way, the owner(s) shall dedicate and record a 15-foot drainage easement over the existing 24-inch storm drainpipe to allow for City's maintenance of existing storm drain facilities within the parcel. A Plat and Legal Description of the easement shall be submitted to the Public Works Department for review and acceptance prior to recordation of the drainage easement. 2. No construction will be allowed within the proposed drainage easement without prior approval by the City Engineer. 3. This street vacation does not abridge or supersede the regulatory powers or permit requirements of any federal, state, or local agency, special district or department which may retain regulatory or advisory function as specified by statue or ordinance. The applicant shall obtain permits as may be required from each agency. 4. If the owner(s) desire to relocate the existing storm drainpipe within the parcel in future, the owner's engineer shall design a new replacement pipe to the satisfaction of the City Engineer. Upon approval of the new drainage design, the owner shall obtain all required permits and construct the new pipe per approved plans. Upon completion of construction, the exiting drainage easement shall be abandoned, and a new 15-foot drainage easement shall be dedicated and recorded. All cost associated with the design, construction and dedication of the drainage easement shall be the responsibility of the property owner(s). 5. A building permit shall be obtained for any construction occurring on the site not otherwise exempt by the California Building Code or any state or local amendment adopted thereto, and all fees associated with plan check and building inspections, and associated development impact fees established by City Ordinance or Resolution shall be paid. 6. The property is included in the Cooper Reimbursement Agreement Area of Benefit Benefitting Properties as initiated on May 19, 2009, and therefore shall be responsible for its share of the Reimbursement Costs. Payment from the Benefited Property shall be required if granted a land use entitlement, a final parcel map is filed, a building permit for a new additional dwelling unit, or a building permit for an increase of at least 25 percent in the living area square footage of an existing dwelling unit is granted. Page 48 of 52  Item #9.1. City of Calistoga ECONOMIC DIVERSIFICATION Application Information Purpose. The City of Calistoga wishes to support endeavors that diversify the local economy. On April 5, 2022 it established a Business Diversification Program charged with distributing funds to encourage a more diverse local economy. In awarding funds the primary consideration will be: How will a grant advance a more diversified economy in Calistoga? 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 promise of success. The Process. Upon receipt, an application will be reviewed by a subcommittee of the City Council. If the proposal qualifies an applicant for a grant, the subcommittee will make a recommendation to the City Council. The City Council ultimately decides whether to award a grant, and the amount of the grant. Grants do not need to be repaid. Grants are intended to encourage a more diverse local economy and are not to be used for other purposes such as discharging a legal debt, awarding bonuses, or taking vacations. Any tax liability associated with acceptance of a grant is solely the grantee’s responsibility. The Application. I. To be considered for a grant, submit a page that states your name, business name, mailing address, phone number, and email address. II. Also on that page please consider these questions: 1) What product or service do you propose to offer? 2) What is the immediate need for grant assistance? 3) What is the longer-term vision for your business? 4) How will your business serve Calistogans? Will it also serve a larger market? 5) How much assistance do you request? 6 If a grant is awarded you, do you agree to provide evidence to the city council that the grant money was used as you proposed it would be? 7) If a grant is awarded you, do you agree to provide semi-annual reports to the city council for two years on the difference your grant made in your business? III. Accompanying your application, please provide three personal or business references. IV. Submit your grant application to the Clerk, City of Calistoga, 1232 Washington Street, Calistoga, CA 94515. Or you may email your application to City Clerk Marni Rittburg mrittburg@ci.calistoga.ca.us. Page 49 of 52  Item #9.2. City of Calistoga STAFF REPORT To: Honorable Mayor and City Council From: Laura Snideman, City Manager Meeting: City Council - May 03 2022 Subject: City Council Annual Workshop Study Session(s) DESCRIPTION: Consideration of dates for City Council Annual Workshop Study Session(s) RECOMMENDATION: By motion, set date, time, and format (virtual or in-person) for one or more City Council Annual Workshop Study Session(s) BACKGROUND/SUMMARY: The City Council meets annually to provide initial input on priorities and budget expenditures in anticipation of considering the next annual budget during the June city council meetings. In addition to these standing items, staff is recommending including a discussion on new Civic Operating Procedures during this same meeting. Civic Operating Procedures would help establish various procedures, understandings, and agreements related to how we wish to collaboratively communicate and operate. It would incorporate and expand on the recent agenda setting policy that the City Council adopted in 2021, address the presentation section of the agenda, and possibly address civility and other similar topics. Staff is seeking times and dates in early May that work with the council member’s schedules to have this meeting. CEQA STATUS: N/A FINANCIAL IMPACT: None at this time. APPROVAL(S): Gloria Leon, Administrative Services Director Approved - Apr 26 2022 Marni Rittburg, City Clerk Approved - Apr 26 2022 Page 50 of 52  Item #10.1. Donald Williams---Request to agendize for Calistoga City Council consideration. Napa Valley is increasingly known for the food service at its wineries. But in order to restrain the commercialization of the agricultural districts, and to protect the restaurants in Napa County cities, the county has imposed rules limiting the extent of food service at wineries. There is some indication that the rules may be sometimes transgressed. For the sake of the restaurants in Calistoga---and in cities throughout the county---a statement by the city to the county emphasizing the importance of enforcing the county’s own rules regarding food service at wineries may be appropriate. Page 51 of 52  Item #10.2. From: Laura Snideman To: Marni Rittburg Subject: FW: in-person council meetings Date: Friday, April 22, 2022 4:14:48 PM Please include on agenda for 1st meeting in May. Thank you, Laura From: Donald Williams <DWilliams@ci.calistoga.ca.us> Sent: Friday, April 22, 2022 3:11 PM To: Laura Snideman <lsnideman@ci.calistoga.ca.us> Subject: in-person council meetings City Manager Snideman, Regardless of whether they can be broadcast on zoom or not, I'd like the city council to consider agendizing the topic of resuming in-person city council meetings, assuming health regulations would permit such meetings. Thank you, Donald Williams Page 52 of 52