AMENDED

City of Calistoga Agenda

October 19, 2010 Council Minutes

Mayor:                   Jack Gingles
Vice Mayor:            Michael Dunsford
Councilmembers:     Placido Garcia 
                            Gary Kraus 
                            Karen Slusser

CLOSED SESSION AGENDA
CITY COUNCIL – REGULAR MEETING
TUESDAY, OCTOBER 19, 2010 - 6:00 P.M.
CALISTOGA COMMUNITY CENTER

A) ORAL COMMUNICATIONS: Pursuant to provisions of the Government Code §54957, this is the time provided for members of the public to address the city council regarding matters on this agenda (maximum of three minutes per speaker)

B) CALL TO ORDER

C) ADJOURN TO CLOSED SESSION ON THE FOLLOWING MATTERS:

1. Conference with Legal Counsel, Existing Litigation pursuant to Government Code Section 54956.9(a):
City of Calistoga v. Grant Reynolds, Napa County Superior Court Case No. 26-46826.


2. PUBLIC EMPLOYEE APPOINTMENT: Council will meet in Closed Session to discuss City Manager appointment pursuant to Government Code Section 54957

Title: City Manager


D) CONVENE TO OPEN SESSION TO REPORT FROM CLOSED SESSION

E) ADJOURNMENT

To the scheduled regular meeting of the Calistoga City Council, on Tuesday, October 19, 2010 Calistoga Community Center, 1307 Washington Street, 7:00 p.m.

Susan Sneddon, 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.
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: In compliance with the American Disabilities Act, if you need special assistance to participate in this meeting please contact the City Clerk’s Department at (707) 942-2807. Notification forty-eight (48) hours prior to the meeting will enable the City to make reasonable arrangement to ensure accessibility to this meeting. (28 CFR 35.102-35.104 ADA Title II).
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 Friday, October 15, 2010 at 12:00 p.m.

CITY COUNCIL – REGULAR MEETING
TUESDAY, OCTOBER 19, 2010 – 7:00 P.M.
CALISTOGA COMMUNITY CENTER

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.

As a courtesy, please silence your cell phones and other electronic devices
while the meeting is in session. Thank you.

A) CALL TO ORDER

B) SALUTE TO THE FLAG

C) ACTION OUT OF CLOSED SESSION

D) ORAL COMMUNICATION
During Oral Communications, the public is given the opportunity to directly address Council with regard to Agenda Items (including Consent Calendar), as well as on any issue of interest to our community at large. Please provide your name & address for the record, and limit your comments to three minutes. Thank you for your cooperation.

E) ADOPTION OF MEETING AGENDA

F) OATH OF OFFICE
1) Swearing in of Jaime Orozco, new paid call firefighter.

G) PROCLAMATIONS
2) Proclamation supporting Red Ribbon Week, October 25-29, 2010.

H) COUNCIL REQUESTS AND IDEAS FOR DISCUSSION

I) CONSENT CALENDAR
The following items listed on the Consent Calendar are considered routine and are approved by a single motion. The Mayor or any member of the City Council or of the public may request that any item listed under the Consent Calendar be removed and action taken separately. In the event that an item is removed from the Consent Calendar, it shall be considered in its numerical order.

3) Consideration of Ordinance No 670 amending Calistoga Municipal Code Chapter 13.18 pertaining to water service charges, fees, and rates; and consideration of Ordinance No. 671 amending Calistoga Municipal Code Chapter 13.18 pertaining to wastewater (sewer) service charges, fees, and rates.
RECOMMENDED ACTION: Adopt Ordinances.
1. Water Rate Study
2. Wastewater Rate Study  
3. Public notice sent out for September 21st public hearing  
4. Updated water rate ordinance  
5. Updated wastewater rate ordinance

4) Consideration of a Resolution approving a recommendation of the Community Resources Commission Green Subcommittee to support Assembly Bill 32 the Global Warming Solutions Act and oppose Proposition 23, which suspends implementation of AB 32.
RECOMMENDED ACTION: Adopt Resolution.
Staff Report & Draft Resolution

J) PUBLIC HEARING
5) Consideration of a Resolution authorizing the acceptance and expenditure of $100,000 in the State Citizen’s Option for Public Safety (COPS) grant funds for Fiscal Year 2010/2011.
RECOMMENDED ACTION: Adopt Resolution.
Staff Report & Draft Resolution

6) Consideration of an Ordinance initiated by the City of Calistoga, repealing Title 15, California Building Standards Chapters: 15.01 General Provisions, 15.04 Administrative Code, 15.08 California Building Code, 15.12 California Electrical Code, 15.16 California Mechanical Code, 15.20 Uniform Plumbing Code, 15.24 California Energy Code, 15.28 California Historical Building Code, 15.32 California Fire Code, 15.36 California Existing Building Code, 15.40 California Reference Standards, 15.44 Uniform Code for the Abatement of Dangerous Buildings, and 15.48 Uniform Housing Code of the Calistoga Municipal Code, and adopting the 2010 California Building Standards Code, Title 24, as adopted by the California State Building Standards Commission.
RECOMMENDED ACTION: Introduce Ordinance and waive the first reading. 
1. Draft Ordinance    
2. Summary of Calistoga 20-10 Calistoga Building Standards Codes Changes   
          Exhibit 1:  Part A         Part B    
3. Resolution No. 2007-126          

K) GENERAL GOVERNMENT
7) Consideration of a Resolution authorizing a budget adjustment of $10,000 and authorizing a request to execute a funding agreement with Calistoga Affordable Housing, Inc. (CAH) in the amount of $20,000 to support CAH’s 2011 Rebuilding Calistoga Program.
RECOMMENDED ACTION: Adopt Resolution.
1. Staff Report & Draft Resolution    
2. Draft Funding Agreement         
3. Letter of Request dated September 25, 2010   
4. Background information

8) Consideration of a Resolution authorizing the Interim City Manager to execute a contract with Citygate Associates, LLC for environmental services (fire and emergency services) for the Enchanted Resorts Project.
RECOMMENDED ACTION: Adopt Resolution. 
1. Staff Report & Draft Resolution     
2. Draft Contract   
3. Citygate Associates, LLC Scope of Work  

9) Consideration of a Resolution authorizing the Interim City Manager to execute a Consultant Services Agreement with Center for Ecosystem Management and Restoration.
RECOMMENDED ACTION: Adopt Resolution. 
1. Staff Report & Draft Resolution       
2. Consultant Services Agreement

L) CITY MANAGER REPORTS

M) CITY COUNCIL ADJOURNMENT

To the next scheduled regular meeting of the Calistoga City Council, on Wednesday, November 3, 2010, Calistoga Community Center, 1307 Washington Street, 7:00 p.m.

Susan Sneddon, City Clerk

COPIES OF ALL STAFF REPORTS AND DOCUMENTS subject to disclosure that relate to each item of business referred to on the agenda are available for public inspection the Monday before each regularly scheduled City Council meeting at the City of Calistoga City Hall (first floor), located at 1232 Washington Street, Calistoga, CA. Any documents subject to disclosure that are provided to all, or a majority of all, of the members of the City Council regarding any item on this agenda after the agenda has been distributed will also be made available for inspection at the City Clerks Office during regular business hours."
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.
AMERICANS WITH DISABILITIES ACT: In compliance with the American Disabilities Act, if you need special assistance to participate in this meeting please contact the City Clerk’s Department at (707) 942-2805. Notification forty-eight (48) hours prior to the meeting will enable the City to make reasonable arrangement to ensure accessibility to this meeting. (28 CFR 35.102-35.104 ADA Title II).
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 Friday, October 15, 2010 at 12:00 p.m.