City of Calistoga Agenda

FEBRUARY 15, 2011 city council minutes

Mayor:                   Jack Gingles
Vice Mayor:            Michael Dunsford
Councilmembers:     Chris Canning
                            Gary Kraus 
                            Karen Slusser 
                           

REGULAR SESSION
CITY COUNCIL – REGULAR MEETING
TUESDAY,  FEBRUARY 15, 2011 - 7:00 P.M.
CALISTOGA COMMUNITY CENTER

Communication "A"  Item 9                   Communication "B"  Item 9

Communication "C" Item 9                    Communication "D" Item 9

Communication "E" Item 9                    Communication "F" Item 9

Communication "G" Item 9                    Communication "H" Item 9

Communication "I" Item 9                    Communication "J" Item 9

Item 9: Appeals of Planning Commission Action – Determination to summarily deny or set a hearing date for two separate appeals; 1) an appeal received from Joan Caputi, et al regarding the Planning Commission’s decision to grant an exception to the parking requirements and increase the number of guest units from six (6) units to a seven guest units; and 2) an appeal received from Ric Pielstick and Chan McBride regarding the Planning Commission’s decision to deny the elimination and conversion of the owner/manager’s unit to an additional guest unit associated with the “Chanric Inn” located at 1805 Foothill Boulevard (APN 011-290-029).

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) COUNCIL REQUESTS AND IDEAS FOR DISCUSSION

G) 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.
1) Minutes of the December 21, 2010 regular City Council meeting.
RECOMMENDED ACTION: Approve Minutes.

2) Consideration of an Ordinance establishing false alarm response fines.
RECOMMENDED ACTION: Adopt Ordinance.

3) Consideration of a Resolution rescinding Resolution No. 2010-038 and authorizing the appointment of the City Manager as the City’s representative to the Public Agency Risk Sharing Authority of California (PARSAC) Board of Directors, and appointing the Administrative Services Director as an alternate representative.
RECOMMENDED ACTION: Adopt Resolution.

4) Consideration of a Resolution authorizing the use of the 1200 block of Washington Street for the Calistoga Chamber of Commerce Mustard, Mud and Music Festival to be held on March 5, 2011.
RECOMMENDED ACTION: Adopt Resolution.

5) Consideration of a Resolution authorizing the use of Lincoln Avenue for the Calistoga Classic Car Show to be held on May 7, 2011.
RECOMMENDED ACTION: Adopt Resolution.

6) Consideration of a Resolution authorizing the City Manager to submit a Congressional Earmark Request for the Dwyer Road Water Pump Station Project.
RECOMMENDED ACTION: Adopt Resolution.
1. Letter of January 31, 2011 from Representative Mike Thompson    
2. Draft Resolution    

H) PUBLIC HEARING 
7) Consideration of text amendments to the Calistoga Municipal Code, initiated by the City of Calistoga, adding Chapter 8.30 to Title 8 (Health and Safety) and adding Section 17.04.495 and Chapter 17.48 to Title 17 (Zoning) to prohibit the establishment and operation of Medical Marijuana Dispensaries.
RECOMMENDED ACTION: Introduce the Ordinance and waive first reading.    
1. Draft Ordinance 2010-XXX   
2. Draft Minute Excerpt from January 26, 2011, Planning Commission Meeting   
3. PC Resolution 2011-05    
4. “Frequently Asked Questions” (FAQ’s) regarding the provisions of the CUA and MMPA   
5. California Police Chief’s Association Research   
6. Summary of Adverse Secondary Effects    

8) Consideration of rescinding Resolution No. 92-52, and adoption of a Resolution approving a fee structure for all special events initiated by the City of Calistoga in conjunction with the Special Event Ordinance No. 674 (proposed Calistoga Municipal Code Amendment effective March 1, 2011).
RECOMMENDED ACTION: Adopt Resolution.    
Attachment A – Current and Proposed Rental Fees    
Attachment B – Local Fee Comparison    
Attachment C – Local Rental Facilities Available    

I) GENERAL GOVERNMENT
9) Appeals of Planning Commission Action – Determination to summarily deny or set a hearing date for two separate appeals; 1) an appeal received from Joan Caputi, et al regarding the Planning Commission’s decision to grant an exception to the parking requirements and increase the number of guest units from six (6) units to a seven guest units; and 2) an appeal received from Ric Pielstick and Chan McBride regarding the Planning Commission’s decision to deny the elimination and conversion of the owner/manager’s unit to an additional guest unit associated with the “Chanric Inn” located at 1805 Foothill Boulevard (APN 011-290-029).
RECOMMENDATION: Take action to set a date certain for the hearing on the appeals. 

1. Appeal from Joan Caputi, et al dated January 24, 2010 (A 2011-01)    
2. Appeal from Ric Pielstick and Chan McBride dated January 24, 2010 (A 2011-02)    
3. Planning Commission Resolution No. 2011-02      
4. Planning Commission Resolution No. 2011-03   
5. January 12, 2011 Planning Commission Meeting Minute Excerpt   

10) Consideration of a Resolution authorizing the City Manager to execute an amendment to the existing Memorandum of Understanding between the City of Calistoga and Michael Quast for the redevelopment of the Roman Spa Hot Springs Resort.
RECOMMENDED ACTION: Adopt Resolution.
1. Staff Report and Draft Resolution   
2. Assessor’s Parcel Map (Vicinity Map)   
3. Susan Baxter Letter received November 4, 2010      
4. Margaret Nicholson letter received November 10, 2010      
5. City Council Resolution 2006-091   
6. Executed MOU dated October 17, 2006   
7. Excerpt of Planning Commission Meeting Minutes of November 10, 2010    
8. Abbreviated Planning Commission Staff Report dated November 10, 2010 (No Attachments)   
9. Design Review Narrative 
         Revised Project Concept Plans dated Nov. 10, 2010   
10. Letter from Second Street Homeowners dated February 5, 2011    

11) Presentation and discussion regarding the Mid Year Financial Update for Fiscal Year 2010-11.
RECOMMENDED ACTION: Receive presentation, discuss and provide direction.     

12) Consideration of a Resolution approving the Community Resources Commission’s (CRC’s) recommendation requesting that the regional waste agency reestablish the temporary dedicated household hazardous waste collection events in upper Napa Valley.
RECOMMENDED ACTION: Adopt Resolution.  
1. Staff Report and Draft Resolution  
2. Excerpts from the Napa County Recycling Guide- Hazardous Information    

13) Consideration of a Resolution approving an application with the California Energy Commission for geothermal research funding through its Geothermal Resources Development Account Program.
RECOMMENDED ACTION: Adopt Resolution.
1. Staff Report and Draft Resolution   
2. Misc. related correspondence    
  
14) Consideration of a Resolution appointing an ad hoc committee to review issues brought up during the recently adopted water and wastewater rates.
RECOMMENDED ACTION: Adopt Resolution.
1. Ad-Hoc Committee Charter Statement    
2. Draft Resolution     

J) CITY MANAGER REPORTS

K) CITY COUNCIL ADJOURNMENT
To the next scheduled regular meeting of the Calistoga City Council, on Tuesday, March 1, 2011, 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, February 11, 2011 at 12:00 p.m.