Calistoga City Council
July 19, 2022

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

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

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

3. COUNCIL OFFICERS

3.1 Election of Council Officers
The City Council is encouraged to rotate the office of Vice Mayor among the members of the Council according to their order of seniority of service on the City Council. In years when members of the City Council are to be elected to their seats during a general election, the City Council will attend to the election of a Vice Mayor for a one (1) year term at the first regular meeting after the certification of general election results has been received by the City and only after newly elected City Councilmembers have been installed. In years when no members of the City Council are to be elected, the City Council will consider the election of a Vice Mayor for a one (1) year term at the first regular meeting in December. An election of a Councilmember to fill a vacancy as Mayor or Vice Mayor occurring mid-term will be for the remaining portion of the one-year term for that office.

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

Item #9.2.

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5 4. COUNCIL APPOINTMENTS

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

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

The City Council interacts with City staff only through the City Manager, unless otherwise authorized by the City Manager.

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

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

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

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

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

Item #9.2.

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

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

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

5.1 Meeting Dates and Times

5.1.1 Dates
Regular meetings will be held on the 1st and 3rd Tuesdays of each month (unless canceled by majority vote of the City Council or due to a lack of items for consideration or a quorum, as determined by the Mayor and/or City Manager) or as set by calendar adopted by the City Council in January of each calendar year.

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

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

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

5.2 Closed Sessions
A Closed Session may be held before, during, or after any Regular or Special meeting for any purpose authorized by the Brown Act, and must be noticed at least twenty-four (24) hours in advance, also as authorized by the Brown Act. It is a violation of the Brown Act and the City Council’s Civic Operating Agreements to disclose information obtained or presented in anticipation of or during a Closed Session, which shall be confidential. Public comment will be received in open session prior to a closed session.

5.3 Special Meetings
Special meetings may be called by the Mayor, a majority of the Councilmembers, the City Manager or the City Attorney. The call for a Special meeting must specify the day, hour, and Item #9.2.

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7 place and the subject(s) to be considered. Twenty-four hours’ notice must be given prior to a Special meeting, and the agenda for the Special meeting must be made available to members of the public consistent with the requirements of the Brown Act. Only matters specified in the notice may be discussed at Special meetings. The public will be given an opportunity to address the Council before or during consideration of any matter described in the notice for the Special meeting.

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

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

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

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

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

5.7 Minutes of Proceedings
Action minutes of all public proceedings of the City Council shall be recorded by the City Clerk and entered into City records as official meeting minutes following approval by the Council, and shall thereafter be kept, published, and or distributed in compliance with State law and applicable City policy.

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

Item #9.2.

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8 5.9 Recording of Meetings
All Regular meetings of the City Council will, to the extent feasible, be recorded by electronic recording device and streamed live during the meeting. The recording will be made by the City Clerk and retained in accordance with the City’s records retention schedule. The City Clerk will post the electronic recording of meetings, as available, on the City’s website.

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

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

6. AGENDA

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

6.1.1 Call to Order/Roll Call/Salute the Flag

6.1.2 Report from Closed Session (if any)

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

6.1.4 Adoption of Meeting Agenda
The Council, by majority vote, will adopt the Agenda as final before proceeding to the consideration of the first matter. Following adoption, Agenda items may not be added or removed, or their order changed unless by consent of three (3) or more of the members of the Council present at the time the Agenda was adopted as final. An Agenda item not considered or completed for lack of time will become an Agenda item at the following meeting unless the item is expressly continued to another time.

Item #9.2.

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9 6.1.5 City Manager’s Report
The City Manager will use this section of the Agenda to provide brief reports on activities undertaken in her/his official capacity since the last scheduled Council Meeting and other items of significant interest to the Calistoga community.

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

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

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

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

6.1.9 Ordinances, Resolutions and Requests for Action
Ordinances, Resolutions and Requests for Action subject to City Council approval usually will be placed in this section of the Agenda. Occasionally, Resolutions and the first reading of Ordinances are placed under Public Hearings. When this is the case, the Council will consider these matters where appropriate.

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

Item #9.2.

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10 6.1.11 Study Sessions
No formal action may be taken by the City Council concerning any study session agenda item other than to agree to, or to direct staff to, present the item on the regular agenda of a subsequent meeting. Any request for an agenda item which does not specifically include a description of the action of the item desired will be calendared as a study session item.

6.1.12 Council Requests and Ideas for Discussion/Process for Adding an Item to City Council Agenda
Any member of the City Council may request that a matter be placed on the agenda of the City Council by making a request to the City Manager or the City Council, indicating her/his desire to have that item placed on a future City Council agenda. The sponsoring Councilmember will briefly describe the subject sufficiently to inform the City Council and public of the nature of the request.

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

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

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

Except as set forth in Section 6.1.4, this provision does not empower a Mayor to add any item to the Agenda without complying with the process described in Section 6.1.12. Items proposed for inclusion on the Agenda by anyone other than the City Manager or the City Council pursuant to Section 6.1.12 must be submitted to the City Manager and City Clerk in writing eleven (11) days preceding the regular meeting for consideration.

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

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

Item #9.2.

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

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

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

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

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

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

6.4 Agenda Posting
The City Clerk will post the Agenda and Agenda Materials seven (7) calendar days or five (5) business days in advance and no less than 72 hours before a Regular meeting, and at least 24 hours before a Special meeting in the following locations, which are freely accessible to members of the public: Calistoga City offices and Calistoga Library and posted on the City’s website. At the meeting, a public copy will be available for review.

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

Item #9.2.

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12 7. PUBLIC PARTICIPATION

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

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

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

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

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

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

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

Item #9.2.

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13 7.2.3 Limits
Public participants are encouraged to limit their comments to three (3) minutes. The Presiding Officer may impose strict time limits (including reduced time limits) on persons addressing the Council when appropriate and in the spirit of permitting all present an opportunity to address the Council. In the event a public participant desires to make a presentation which exceeds three (3) minutes, any such speaker must make a formal request in writing to the City Manager prior to the day of the City Council meeting at which the public participant desires to speak.

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

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

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

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

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

8. PUBLIC HEARINGS

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

Item #9.2.

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14 8.2 Procedures
Presentations at public hearings will be in the following order:

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

8.2.2 Presiding Officer reviews order of procedure for public hearing.

8.2.3 Staff summarizes issue before City Council.

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

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

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

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

8.2.8 Council Action by Continuation or Decision
Council may, at this time, continue a matter to a specific future date to obtain additional information. Continuing a public hearing to a specific date does not require additional notice. When the Council discussion is concluded, the Council will make its decision and vote on the item making findings of fact as required by law.

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

Item #9.2.

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15 9. MEETING RULES OF CONDUCT

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

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

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

9.4 Standards of Decorum
When an Agenda item is addressed, the Presiding Officer will first ask for a staff presentation. Next, the Presiding Officer will ask for clarifying questions from the Council of staff for the purpose of eliciting information relevant or useful to the City Council’s determination of the item at hand. After that, the Council will receive public comment. After public comment, the Presiding Officer will close the public comment portion and open the item for discussion by the Council.

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

9.4.1 Council
While the Council is in session, Councilmembers will preserve order and decorum, and a member will neither (by conversation or otherwise) delay or interrupt the proceedings or the peace of the Council, nor disturb a member while speaking, or refuse to obey the orders of the Presiding Officer.

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

Item #9.2.

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16 9.5 Debate

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

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

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

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

9.5.5 Appeals
Any ruling of the Presiding Officer may be appealed at the request of a Councilmember. The Presiding Officer will call for a roll call vote to determine if the ruling is upheld.

9.5.6 Precedence of Motions
When a motion is before the Council, no other motion will be entertained except:
a) Motion to Amend
A motion to amend, which modifies the original motion, is in order but is debatable only if it has been accepted by both the maker and seconder of the motion. Amendments are voted on first, and the main motion vote is last. A motion may be amended more than once with each amendment being voted on separately. There will only be one (1) amending motion on the floor at any one time.
b) Substitute Motions
A substitute motion is for the purpose of taking out the main motion altogether and replacing it with a new and different motion. A substitute motion must be voted on before an amendment of the main motion. If Item #9.2.

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17 the substitute motion is adopted the main motion dies and so does any amendment of the main motion.
c) Motion to Postpone
A motion to postpone to a definite time is subject to debate and amendment as it relates to propriety of the postponement and time set.

A motion to postpone a public hearing must set a definite date for the hearing. If a motion to postpone indefinitely is adopted, the Agenda item will be carried forward by the City Clerk.
d) Motion to Table
A motion to table is not debatable and not subject to amendment. The purpose of a motion to table is to suspend the item for an indefinite time. If the agenda has been adopted, the motion to table should include a motion to amend the meeting agenda. If a motion to table passes, consideration of the matter during the same meeting may be resumed only upon the motion of a member voting with the majority on the motion to table.
e) Motion to Close Debate
When a motion to close debate is made and seconded, there will be no further debate except on whether to close debate. If the question carries, the Presiding Officer will put pending amendments to a vote without debate in the inverse order of their introduction before putting the main question. If the question is decided negatively, the main question and its amendments remain before the Council.

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

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

9.5.9 Conflict of Interest and Bias
A conflict of interest or even the appearance of a conflict of interest can diminish the public’s confidence in the integrity of the governmental process. Therefore, a Councilmember who has a conflict of interest under the Political Reform Act or Government Code §1090 et seq., may not participate in the Agenda item causing the conflict, unless an exception to the conflict exists which allows participation.

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

Item #9.2.

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18 9.5.10 Protests
Following the success of a motion carried by the majority of the City Council, a dissenting Councilmember will have the right to enter into the public record any additional reasons for dissent or protests the motion which the Councilmember was precluded from articulating during debate on the motion. The Presiding Officer has the discretion to limit a Councilmember’s entry into the public record of reasons for dissent or protests any motion carried by the majority when reasonably necessary to facilitate the efficient progression through the Agenda by avoiding unnecessarily cumulative or repetitive statements or the presentation of irrelevant matter.

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

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

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

10. ADMINISTRATIVE MATTERS

10.1 Correspondence

10.1.1 Electronic Correspondence
Councilmembers will use accounts issued to them by the City for all email correspondence regarding City business. Councilmembers will not use accounts issued to them by the City for personal correspondence. Councilmembers may elect to forward (without editorialization) copies of emails they receive from non-Councilmember residents to the City Clerk, who will include such emails in the staff reports for relevant Agenda items as set forth in Section 6.3.

10.1.2 Other Correspondence
Written correspondence received by a Councilmember at the City offices by postal service, personal delivery, and messenger service will be opened by staff and handled consistent with the City of Calistoga Records Retention Program, which may require the Item #9.2.

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19 City to retain a copy. Councilmembers may elect to forward copies of written correspondence they receive to the City Clerk, who will include such correspondence in the staff reports for relevant Agenda items.

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

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

10.3 Relations with Staff
As required by MMC 2.08.080, Councilmembers of the City Council shall deal with employees of the City only through the City Manager, except otherwise permitted by the City Manager.

The City Manager shall take her/his orders and instructions from the Council as a body only when the Council is sitting in a duly convened meeting, and no individual Councilmember shall give any orders or instructions to the City Manager outside of a City Council meeting, without approval of the City Council. Neither the Council as a whole, nor an individual Councilmember, shall give orders or instructions to subordinates of the City Manager.

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

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

Item #9.2.

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20 12. AMENDMENT OR SUSPENSION OF THESE CIVIC OPERATING AGREEMENTS

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

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

12.2 Suspension of Civic Operating Agreements
Any provision of these Civic Operating Agreements not required by State law, or the Calistoga Municipal Code may be suspended by a vote of at least three (3) City Councilmembers. # # #
Item #9.2.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Laura Snideman, City Manager
Meeting: City Council - Jul 19 2022
Subject: Community Enrichment Grants for Fiscal Year 2022-23 DESCRIPTION:

Consider adopting a Resolution awarding Fiscal Year 2022-23 Community Enrichment Grants and approving a budget adjustment.

RECOMMENDATION:

Consider Adopting Resolution
BACKGROUND/SUMMARY:

The City Council established objectives for the Fiscal Year 2022-23 Community Enrichment Grant (CEG) Program through the adoption of Resolution No. 2022-029 (Attachment 2) and established a review subcommittee consisting of Vice Mayor Irais Lopez-Ortega and Councilmember Gary Kraus.

The established objectives were used in evaluating the funding requests.

Staff notified the public of available Community Enrichment Grant applications to non-profit groups and received 10 requests seeking cash and in-kind funding in the amount of $61,365 for Fiscal Year 2022-23. The FY 2022-23 Budget includes cash contributions for CEGs up to $25,000.

The subcommittee met to evaluate the CEG requests against the objectives outlined in Resolution No. 2022-029 (Attachment 2). The subcommittee recognized the value of each of the requests and was confronted with funding requests beyond the available budget.

The subcommittee is recommending a budget adjustment to fund those applications that meet the current objectives. Accordingly, the subcommittee recommends the following for funding:

Applicant / Program Award Account No.
01-4107-
Boys & Girls Club/Kinder Program $5,000 4487
Brannan Center/Brannan Center Rehabilitation City fees up to $10,000 4560
Calistoga Art Center/Art Enrichment Scholarships $5,000 4482 Calistoga Lighted Tractor Parade / Chamber of
Commerce City fees up to $7,500 4447
Calistoga Rotary/Anti Slip Strips for Pioneer Park
Bridge $4,935 New
Calistoga Spay/Neuter Program/Wine Country
Animal Lovers $5,250 New
Item #9.3.

Calistoga Senior Community Programming / Rianda
House

1. $5,000 cash

2. Fee waivers
for all use of
city facilities

3. In-kind staff
coordination
time
4552
Soroptimist/Read Aloud Partners Program $1,680 New
St. Helena Preschool For All/Scholarships $2,000 New
UpValley Family Centers/Enrichment Programs $6,000 4479 Total: $52,365
CEQA STATUS:

This item is exempt.

FINANCIAL IMPACT:

The FY 2022-23 Budget contains $25,000 in funding for this program. A budget adjustment is required in the amount of $27,365. The total amount will be awarded in Community Enrichment Grants in the General Fund account 01-4107.

ATTACHMENT(S):

Reso - Community Enrichment Grants FY 22-23
2022-029 Establishing Objectives for 2022-23 Community Enrichment Grant Program & Appointing Subcommittee
APPROVAL(S):

Gloria Leon, Administrative Services Director Approved - Jul 07 2022 Laura Snideman, City Manager Approved - Jul 12 2022
Marni Rittburg, City Clerk Approved - Jul 12 2022
Item #9.3.

RESOLUTION NO. 2022-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA,

COUNTY OF NAPA, STATE OF CALIFORNIA, AWARDING COMMUNITY ENRICHMENT GRANTS FOR FISCAL YEAR 2022-23 AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $27,365
WHEREAS, community service and community serving programs have long been a tradition in Calistoga; and
WHEREAS, the City Council has supported such activity in the past; and
WHEREAS, the City Council intends to provide financial support to activities which enrich the community; and
WHEREAS, City Council adopted the General Fund Operating Budget for Fiscal Year 2022-23 including up to $25,000 (Account No. 01-4107) for the Community Enrichment Grant Program; and
WHEREAS, a budget adjustment to the General Fund Operating Budget for Fiscal Year 2022-23 of $27,365 (Account No. 01-4107) is required; and
WHEREAS, the City Council has adopted Resolution No. 2022-029 establishing the Community Enrichment Grant objectives which was used for the recommendation to award funding for Fiscal Year 2022-23; and WHEREAS, applications for grant funding through the Community Enrichment Grant Program have been received and reviewed by the City Council appointed subcommittee consisting of Vice Mayor Lopez-Ortega and Councilmember Kraus.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL
OF THE CITY OF CALISTOGA DOES HEREBY approves the following grant awards for Fiscal Year 2022-23 and approves a budget adjustment in the amount of $27,365 to account 01-4107:

Applicant / Program Award
Accoun
No. 01-
4107-
Boys & Girls Club/Kinder Program $5,000 4487
Brannan Center/Brannan Center Rehabilitation City fees up to $10,000 4560 Calistoga Art Center/Art Enrichment Scholarships $5,000 4482 Calistoga Lighted Tractor Parade / Chamber of Commerce City fees up to $7,500 4447 Calistoga Rotary/Anti Slip Strips for Pioneer Park Bridge $4,935 New Calistoga Spay/Neuter Program/Wine Country Animal Lovers $5,250 New Calistoga Senior Community Programming / Rianda House 1. $5,000 cash 4552 Item #9.3.

2. Fee waivers for
all use of city
facilities

3. In-kind staff
coordination time
Soroptimist/Read Aloud Partners Program $1,680 New
St. Helena Preschool For All/Scholarships $2,000 New
UpValley Family Centers/Enrichment Programs $6,000 4479 Total: $52,365
PASSED, APPROVED AND ADOPTED this 19th day of July 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
Item #9.3.

RESOLUTION NO. 2022-029

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF NAPA, STATE OF CALIFORNIA, ESTABLISHING OBJECTIVES FOR THE 2022-23 COMMUNITY ENRICHMENT GRANT PROGRAM UNDER ACCOUNT NUMBER 01-4107

AND CONFIRMING THE MAYOR'S APPOINTMENTS TO AN EVALUATION

SUBCOMMITTEE
WHEREAS, community service and community serving programs have long been a tradition in Calistoga; and
WHEREAS, the City Council has supported such activity in the past; and WHEREAS, the City Council intends to provide financial support to activities which enrich the Calistoga community; and
WHEREAS, the City Council has identified enrichment objectives for the award of grant funds; and
WHEREAS, the City Council has adopted a Community Enrichment Grant Program for the evaluation of requests from non-profit groups.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY

OF CALISTOGA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. The following objectives are established for grant funding:

1. The organization cannot have received money for the same purpose from other City sources for the current fiscal year.

2. The program must demonstrate how it will address a recognized need in the community.

3. The organization must have a non-profit status.

Section 2. Any funding must address at least one of the following benefits:

1. Provide services to the elder community.

2. Provide services to youth in the community.

3. Enhance the appearance of the community.

4. Expand services to members of the entire community.

5. Provide local environmental enhancements.

Section 3. Hereby confirms the Mayor's appointment of Vice Mayor Lopez-Ortega and Councilmember Kraus to an evaluation subcommittee with the City Manager, which shall evaluate grant requests from non-profit groups and recommend funding levels to the City Council.

Item #9.3.

Resolution No. 2022-029

PASSED, APPROVED AND ADOPTED this 19th day of April 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:

Councilmembers Gift, Kraus, and Williams, Vice Mayor Lopez-Ortega and Mayor Canning
None
None
None
Marni
~R~ Rittburg, CMC~
APP~h
Chris Canning, Mayor
Item #9.3.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Laura Snideman, City Manager
Meeting: City Council - Jul 19 2022
Subject: Location of City Council Meetings
DESCRIPTION:

Determine various criteria, safety measures, and other components related to in-person city council meetings
BACKGROUND/SUMMARY:

Staff will provide the most current status of the hybrid meeting IT project, State workplace rules, Covid staff impacts, Covid case rates, and other similar items in order to seek council decisions on a variety of factors related to the resumption of in-person city council meetings.

CEQA STATUS:

N/A
APPROVAL(S):

Gloria Leon, Administrative Services Director Approved - Jul 12 2022 Marni Rittburg, City Clerk Approved - Jul 12 2022
Item #9.4.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Rachel Melick, Parks & Recreation Director
Meeting: City Council - Jul 19 2022
Subject: First Amendment to the 2015 Lease Disposition and Development Agreement Between the City of Calistoga and the Boys and Girls Clubs of St. Helena and Calistoga.

DESCRIPTION:

Consider adopting a Resolution Approving and Authorizing the City Manager to Execute a First Amendment to the 2015 Lease Disposition and Development Agreement Between the City of Calistoga and the Boys and Girls Clubs of St. Helena and Calistoga.

RECOMMENDATION:

Consider adopting the Resolution.

BACKGROUND/SUMMARY:

On August 15, 2015 the City Council approved Resolution No 2015-102, approving and authorizing a lease disposition and development agreement (“DDA”) between the City of Calistoga (“City”) and the Boys and Girls Club of St. Helena and Calistoga (“Club”) to effectuate a ground lease of City property adjacent to Logvy Park and authorizing the City Manager to execute the DDA, ground lease, joint use agreement, and other documents.

The terms of the original DDA provided for the City to ground lease a 1.0-acre portion of a 1.06 acre City parcel to the Club for construction of a Boys and Girls Club facility. Pursuant to the joint use agreement, the constructed facility is available for use by the Club and the City. The original DDA also states that the City retains the right to use a 0.06-acre portion of the 1.06 acre parcel for the eventual construction or installation of a City facility. Further, if the City did not construct or install a facility on this 0.06 acre portion of the parcel, the City and the Club could negotiate for the expansion of the area subject to the ground lease to include the 0.06 acre remainder.

In December, 2021, the City Council authorized the purchase of a recreation modular intended to be placed on the 0.06-acre remainder of the parcel behind the Club facilities, consistent with the original DDA. Following this authorization to purchase the modular unit, the Club expressed an interest in locating the recreation modular at the Logvy/pool parking lot to minimize interference with Club operations.

The City and Club have negotiated terms for a First Amendment to the 2015 Lease Disposition and Development Agreement (“Amendment”) presented here for Council consideration and approval.

Pursuant to the terms of the Amendment, the Club will pay the costs associated with installing the modular in the Logvy/pool parking lot. The Club will be responsible to contract with contractors to complete the work including trenching for utilities, creating a pad for the modular to be placed on, and Item #9.5.

the construction of an ADA parking space. The City will incur the costs of items that it would have occurred if the modular was going to be located as originally intended. These include:

1.Sourcing and “setting” the modular unit;

2.All permit fees;

3.All inspections;

4.IT needs, with the exception of trenching and laying conduit for communication needs; and

5.ADA ramp and staircase installation.

In addition to the above City-borne expenses, the City will contribute $25,000 directly to the Club. This would be the total the City would have spent on the modular installation if the modular was going to be located on the 0.06 acre remainder of the property. In receiving quotes for the project, it was determined that the Club would incur roughly $95,750 for the overall cost of the modular installation.

The City’s financial contribution would assist in offsetting some of these costs.

The Amendment provide that once the modular is successfully installed in the new location on City owned property, and assuming the Club and City both fulfill their payment contribution requirements discussed above, the City and Club will execute and record an amendment to the Ground Lease. In doing so, the amended ground lease would encumber the remaining 0.06 acre portion of the parcel and the City thereby forfeiting rights to place a City facility there.

The modular will be relocated to the southwest side of the Logvy parking lot. With the placement of the modular on the City-owned parking lot, approximately seven unmarked ‘parking spaces’ will be lost; the parking stalls currently are not striped, but do have parking bumpers.

CEQA STATUS:

None
FINANCIAL IMPACT:
$25,000 from account 01-5635-4915, the total the city would have spent on the project if the modular was going to be located between the Club and the preschool. This was included in the original council approval of the modular purchase in FY 21-22, resolution number 2021-094.

ATTACHMENT(S):

Calistoga - Resolution Approving Amended LDDA with Boys and Girls Club First Amendment to Boys and Girls Club LDDA and ground lease FINAL APPROVAL(S):

Gloria Leon, Administrative Services Director Approved - Jul 12 2022 Laura Snideman, City Manager Approved - Jul 12 2022
Marni Rittburg, City Clerk Approved - Jul 13 2022
Item #9.5.

RESOLUTION NO. 2022-XXX

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

OF NAPA, STATE OF CALIFORNIA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE 2015 LEASE

DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CALISTOGA AND THE BOYS AND GIRLS CLUBS OF ST. HELENA AND

CALISTOGA
WHEREAS, August 15, 2015, the City Council approved Resolution No 2015-102, approving and authorizing a lease disposition and development agreement (“DDA”) between the City of Calistoga (“City”) and the Boys and Girls Club of St. Helena and Calistoga (“Club”) to effectuate a ground lease of City property adjacent to Logvy Park and authorizing the City Manager to execute the DDA, ground lease, joint use agreement, and other documents; and
WHEREAS, under the terms of the DDA, the City ground leased 1-acre (“Site”) of a

1.06-acre City-owned parcel located at 1401 North Oak Street (“Property”) to the Club for development of a Boys and Girls Club facility on the Site for use by the Club and City for community services (the “Project”); and
WHEREAS, pursuant to the DDA, the City retained the right to use a 0.06-acre portion of the Property not ground leased to the Club (the “Remainder”) for construction or installation of City facilities, and contained a provision allowing the parties to negotiate for the lease of the Remainder if the City did not construct a City facility thereon; and WHEREAS, on December 21, 2021, the City Council authorized the purchase of a recreational modular unit, for placement on the Remainder consistent with the terms of the DDA; and
WHEREAS, the Club has expressed interest to the City in paying for the costs to install the recreation modular unit on another City-owned parcel, rather than on the Remainder, in exchange for expanding the ground lease to encompass the entirety of the Property; and
WHEREAS, the Club and City have negotiated terms for the expansion of the existing ground lease to encompass the Remainder in exchange for Club’s payment and management of the installation of the City’s recreation modular unit on another City-owned parcel located at 1745 Washington Street, Calistoga (the “Project”); and WHEREAS, the Club has agreed to contract with contractors to complete the installation of the recreation modular unit on the City-owned parcel, including trenching for utilities, creating a pad for the recreational modular to be placed, and creating an ADAcompliant parking space for the recreation modular unit; and WHEREAS, the City has agreed to contribute $25,000 to the Club, representing the total amount the City would have spent if the recreation modular unit had been located on the Remainder; and
WHEREAS, the City Council desires to approve the First Lease Disposition and Development Agreement Amendment (“First DDA Amendment”) and authorize the City Item #9.5.

Resolution No. 2022-0XX

Manager to execute and enter into the First DDA Amendment in order to effectuate the amendment to the ground lease to include the Remainder, and thus the entirety of the Property, as a part of the ground lease between the City and the Club in exchange for Club’s payment of the costs listed in the First DDA Amendment.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Calistoga hereby finds and determines as follows:

1. the approval of this Resolution approving the First DDA Amendment is exempt from environmental review pursuant to section 15061(b)(3) of the State CEQA Guidelines because it is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment and where, as in the case of the Project contemplated by the First DDA Amendment, it can be seen with certainty that there is no possibility that the installation of the recreation modular unit at Logvy Park may have a significant effect on the environment, the approval of the First DDA Amendment is not subject to CEQA; and

2. the First DDA Amendment, in the form attached hereto as Exhibit A, is hereby approved by the City Council, subject to such non-substantive revisions as may be approved by the City Manager in consultation with the City Attorney, and the City Manager is authorized to execute, enter into and to take all actions necessary to implement the terms of the First DDA Amendment on behalf of the City, including any and all implementing agreements, such as the First Amendment to the Ground Lease, attached hereto as Exhibit B; and

3. as provided in the First DDA Amendment, the City Manager is authorized to transfer $25,000 to the Club to partially off-set costs to be incurred to provide for the installation of the recreation modular unit and said funds to be allocated from 01-5635-4915.

PASSED, APPROVED AND ADOPTED this 19th day of July 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
Item #9.5.

SF #4871-3775-6455 v4

FIRST LEASE DISPOSITION AND DEVELOPMENT AGREEMENT AMENDMENT

THIS FIRST LEASE DISPOSITION AND DEVELOPMENT AGREEMENT
AMENDMENT (this “First Amendment”) is made and entered into as of July , 2022 (the “Date of Amendment”), by and between the CITY OF CALISTOGA, a municipal corporation (“City”), and THE BOYS & GIRLS CLUB OF ST. HELENA AND CALISTOGA, a California nonprofit corporation (“Club”). City and Club may each be referred to as a “Party” or collectively as the “Parties”.

Recitals
A. City and Club have entered into a Lease Disposition and Development Agreement dated August 18, 2015 (“LDDA”), which sets forth terms and conditions relating to (1) Club’s ground lease of a 1.0-acre portion (“Original Property”) of a City-owned 1.06-acre parcel at Logvy Park located at 1401 N. Oak Street, Calistoga (“Site”); (2) Club’s development of a Boys and Girls Clubs facility, parking lot and landscaping for use by Club and the community on the ground-leased portion of the Site (“Project”); and (3) the terms under which the Parties would provide for community use of the Project through a Joint Use Agreement.

B. The LDDA provides that City will retain the remaining 0.06 acres of the 1.06-acre Site (“Retained Land”) not ground leased to Club for the purpose of constructing and installing recreation services or other City building in a manner not to interfere with the rights of Club under the ground lease.

C. Following the Effective Date of the LDDA, City planned to install a temporary modular unit (“Modular Unit”) on the Retained Land, consistent with the terms of the LDDA.

D. Club approached City with a proposal to negotiate with City for the lease of the Retained Land, pursuant to the terms of the LDDA, by expanding the Original Property subject to the LDDA and that certain Ground Lease entered into by the Parties dated July 6, 2016, and recorded in the official records of the Napa County Recorder’s Office (“Official Records”) on July 22, 2016, at Instrument No. 2016-0017809 (“Ground Lease”), to include the Retained Land, in exchange for the Club’s payment of costs occasioned as a result of the installation of the Modular Unit on City-owned and maintained property, rather than on the Retained Land, pursuant to the terms of the LDDA.

E. City and Club desire by this First Amendment to provide for the expansion of the Original Property subject to the LDDA and Ground Lease to include the Retained Land, contingent on Club installing City’s Modular Unit on a certain parcel of City-owned and maintained land, all as set forth below.

NOW, THEREFORE, in consideration of the foregoing recitals and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, City and Club hereby agree as follows:

Item #9.5.

SF #4871-3775-6455 v4
Agreement

1. Recitals; Capitalized Terms. The forgoing recitals are incorporated by reference into this First Amendment. Capitalized terms used herein and not otherwise defined shall have the meanings given to such terms in the LDDA.

2. Correction of Typographical Error. Recital A of the LDDA includes a typographical error in the description of the Site. The City-owned parcel at Logvy Park located at 1401 N. Oak Street, Calistoga amounts to 1.06-acres, not 1.6-acres.

3. Expansion of Property. Contingent on satisfaction of City’s Conditions Precedent to Expansion of Property, as outlined below in Section 4, City hereby ground-leases to Club and Club hereby ground leases from City the Retained Land, consisting of approximately 2,613.6 square feet of the Site. Upon satisfaction of City’s Conditions Precedent to Expansion of Property, as outlined below in Section 4, and recording of the First Amendment to Ground Lease, as outlined below in Section 10, as used in the LDDA and the Ground Lease, the term “Property” shall be defined to include the Original Property and the Retained Land, as defined in this First Amendment and depicted in Attachment 1 and legally described in Attachment 2, both of which are attached hereto and incorporated herein by this reference.

4. City’s Conditions Precedent to Expansion of Property. City’s obligation to proceed with the expansion of the existing Ground Lease to include the Retained Land is subject to the fulfillment by Club or waiver by City of each and all of the conditions precedent described below (“City’s Conditions Precedent to Expansion of Property”). a. No Default. Club shall not be in Default under the LDDA, Ground Lease, or this First Amendment and no event shall have occurred which with the passage of time or giving notice or both would constitute default of either. b. Execution of Documents. Club shall have executed (and, where appropriate, acknowledged), as applicable, this First Amendment. c. Insurance. Club shall have provided proof of insurance as required by the LDDA, expanded to cover the Retained Land.
d. Modular Unit Installation. Club shall have installed the Modular Unit (“Modular Unit Installation”) subject to the following terms and City contribution to the Modular Unit Installation, as outlined in Section 5, below:
i. Location. Club shall install City’s Modular Unit on a City owned Parcel at 1745 Washington Street, Calistoga, California (“New Location”). ii. Relocation of Fence at New Location. Club shall relocate the existing fence at the New Location as directed by City to ensure adequate space for the Modular Unit.

Item #9.5.

SF #4871-3775-6455 v4
iii. ADA Accessibility. Club shall construct an ADA-compliant, handicapped parking space immediately adjacent to the Modular Unit at its New Location. iv. Utility Connections. Club shall ensure the Modular Unit shall be sufficiently connected to any all necessary utilities, including, but not limited to, water, sewer, and telecommunications. Any trenching required to establish water, telecommunications, sewer, or other utility connection shall comply with existing Health and Safety Code provisions and applicable state law.
v. Pad Construction and Delivery of Modular Unit. Installation of the Modular Unit shall require construction of a pad to support the Modular Unit. Club shall be responsible for construction of the pad. Following this construction, City shall manage and be responsible for delivery of the Modular Unit to the New Location. Club is thereafter responsible for completion of Utility Connections, as outlined in Section 4(d)(iii), subject to City Contribution to Modular Unit Installation as set forth in Section 5 below.

5. City Contribution to Modular Unit Installation. City, upon approval of the City Council, shall contribute $25,000 directly to Club for the costs of the Club’s completion of the City’s Conditions Precedent to Expansion of Property, listed in Section 4, above.

6. City-Borne Expenses. The City shall bear the following costs associated with the Modular Unit Installation:
a. Delivery of the Modular Unit to the New Location as set forth in Section 4(d)(v), above.
b. Any fees associated with permits required for the Modular Unit Installation.
c. Any costs associated with inspections required as a result of the Modular Unit Installation.
d. Expenses associated with ensuring adequate telecommunication connectivity within the Modular Unit at the New Location, including, but not limited to, establishing telephone and internet service for work to be conducted within the Modular Unit. i. Notwithstanding this provision, Club shall bear any and all costs associated with ensuring sufficient utility connections, as outlined in Section 4(d)(iv), above. e. ADA-compliant ramp and staircase installation.
i. Notwithstanding this provision, Club shall bear any and all costs associated with constructing the ADA compliant, handicapped parking space immediately adjacent to the Modular Unit, as outlined in Section 4(d)(iii), above.

Item #9.5.

SF #4871-3775-6455 v4

7. Club-Borne Expenses. Club shall be responsible for all costs associated with the Modular Unit Installation, except those costs specifically listed in Section 6, above. These Clubborne expenses include, but are not limited to the following:
a. Constructing or establishing an ADA-compliant, handicapped parking space immediately adjacent to the Modular Unit, as described in Section 4(d)(iii). b. Establishing utility connections to the Modular Unit, including any costs associated with trenching required as a result, as described in Section 4(d)(iv), above. c. Removing any dirt spoils established as a result of the Modular Unit Installation.
d. Relocating the existing fence located at the New Location as directed by City to ensure adequate space for the Modular Unit.
e. Selection, management, and compensation of contractors and subcontractors chosen by Club to manage and undertake the Modular Unit Installation.

8. Selection of Contractor to Complete Modular Unit Installation. Club has tentatively selected Pound Management as the Construction Management Company, Helmer and Sons as the Contractor, and Fred Vogel, DBA Calistoga Solutions Electric, for the purpose of completing and managing the tasks associated with the Modular Unit Installation, as outlined in Section 4(d), above. Club may change these selections upon written notice and written approval from the City Manager, or her designee.

9. Amendment to LDDA. By the expansion of the Original Property to include the Retained Land, Section 2.15 of the LDDA is hereby rescinded and no longer has any effect.

10. First Amendment to Ground Lease. Upon satisfaction of the City’s Conditions Precedent to Expansion of Property, as outlined above in Section 4, the Parties shall execute, acknowledge and record in the Official Records the First Amendment to Ground Lease, attached to this First Amendment as Attachment 3.

11. Duly Authorized. Each person executing this First Amendment on behalf of City and Club respectively, represents and warrants that he or she is duly authorized to execute and deliver this First Amendment on behalf of such entity, and that such person’s execution of this First Amendment binds the entity on whose behalf he or she is signing to its terms and conditions.

12. Counterparts. This First Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

13. Entire Agreement. This First Amendment sets forth the entire understanding of the Parties in connection with the subject matter hereof. There are no agreements between City Item #9.5.

SF #4871-3775-6455 v4
and Club relating to the Ground Lease other than those set forth in writing and signed by the Parties. Neither Party hereto has relied upon any understanding, representation or warranty not set forth herein, either oral or written, as an inducement to enter into this First Amendment. In the event of an inconsistency between the provisions of this First Amendment and the provisions of the LDDA, the provisions of this First Amendment shall govern.

IN WITNESS WHEREOF, this First Amendment is made as of the date and year first above written.

CITY:

CITY OF CALISTOGA, a municipal
corporation
By:

Laura Snideman, City Manager
CLUB:

THE BOYS & GIRLS CLUBS OF ST.

HELENA AND CALISTOGA, a California
nonprofit corporation
By:

Name:

Its:

By:

Name:

Its:

APPROVED AS TO FORM:

By:

Michelle Marchetta Kenyon, City
Attorney
ATTEST:

By:

Marni Rittburg, City Clerk
Item #9.5.

ATTACHMENT 1
Item #9.5.

ATTACHMENT 2
Item #9.5.

OAK #4863-0940-6503 v4
ATTACHMENT 3

RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

City of Calistoga
1232 Washington Street
Calistoga, CA 94515
Attention: City Manager
Exempt from Recording Fees
Per Government Code Sections 6103 & 27383
Space above this line for Recorder’s use only.

FIRST AMENDMENT TO GROUND LEASE
This FIRST AMENDMENT TO GROUND LEASE (the “Amendment”), dated as of _______ (“Effective Date”), is made and entered into by and between the City of Calistoga, a California municipal corporation (“Landlord”), and the Boys & Girls Clubs of St. Helena and Calistoga, a California nonprofit corporation (“Tenant”). Landlord and Tenant may each be referred to as a “Party” or collectively as the “Parties.”

RECITALS
A. Landlord and Tenant have entered into a Lease Disposition and Development Agreement dated August 18, 2015 (“LDDA”), which sets forth terms and conditions relating to (1) Tenant’s ground lease of a 1.0-acre portion (“Original Property”) of a Landlord-owned

1.06-acre parcel at Logvy Park located at 1401 N. Oak Street, Calistoga (“Site”); (2) Tenant’s development of a Boys and Girls Clubs facility, parking lot and landscaping for use by Club and the community on the ground-leased portion of the Site (“Project”); and (3) the terms under which the Parties would provide for community use of the Project through a Joint Use Agreement.

B. The LDDA provides that Landlord will retain the remaining 0.06 acres of the

1.06-acre Site (“Retained Land”) not ground leased to Tenant for the purpose of constructing and installing recreation services or other facilities in a manner not to interfere with the rights of Tenant under the ground lease.

C. Following the Effective Date of the LDDA, Landlord planned to install a temporary modular unit (“Modular Unit”) on the Retained Land, consistent with the terms of the LDDA.

D. Tenant approached Landlord with a proposal to negotiate with Landlord for the lease of the Retained land, pursuant to the terms of the LDDA, by expanding the Original Property subject to the LDDA and that certain Ground Lease entered into by the Parties dated July 6, 2016, and recorded in the official records of the Napa County Recorder’s Office (“Official Records”) on July 22, 2016, at Instrument No. 2016-0017809 (“Ground Lease”), to Item #9.5.

OAK #4863-0940-6503 v4
include the Retained Land, , in exchange for the Club’s payment of costs occasioned as a result of the installation of the Modular Unit on City-owned and maintained property, rather than on the Retained Land, pursuant to the terms of the LDDA.

E. Landlord and Tenant entered into a First Lease Disposition and Development Agreement Amendment dated _____________, 2022 (“First Amendment”), which sets forth terms and conditions relating to the expansion of the Original Property subject to the LDDA and Ground Lease to include the Retained Land.

F. As set forth in Section 4 of the First Amendment, Tenant has satisfied the City’s Conditions Precedent to Expansion of Property and accordingly the Parties have executed and acknowledged this Amendment as provided therein.

NOW, THEREFORE, in consideration of the foregoing recitals and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Landlord and Tenant hereby agree to amend the Ground Lease as follows:

1. Section 1.1 of the Ground Lease is hereby amended to read as follows:

1.1 Property. As used in the Ground Lease, the term “Property” shall be defined to include the Original Property and the Retained Land, as described in the Recitals above, and more particularly depicted in Exhibit A and legally described in Exhibit B to this Amendment, both of which are attached hereto and incorporated herein by this reference. Landlord leases to Tenant, and Tenant leases from Landlord, the Property. Tenant shall have no rights to subsurface minerals, petroleum, and other hydrocarbon substances, and Landlord expressly reserves all of its rights to same.

2. All other terms and provision of the Ground Lease shall remain in full force and effect.

3. This Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the Parties have executed this Amendment as of the Effective Date.

LANDLORD:

CITY OF CALISTOGA, a municipal
corporation
By:

Laura Snideman, City Manager
TENANT:

THE BOYS & GIRLS CLUBS OF ST.

HELENA AND CALISTOGA, a California
nonprofit corporation
By:

Name:

Its:

Item #9.5.

OAK #4863-0940-6503 v4
By:

Name:

Its:

APPROVED AS TO FORM:

By:

Michelle Marchetta Kenyon, City Attorney
ATTEST:

By:

Marni Rittburg, City Clerk
Item #9.5.

EXHIBIT A
Item #9.5.

EXHIBIT B
Item #9.5.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Jeff Mitchem, Planning & Building Director
Meeting: City Council - Jul 19 2022
Subject: Agreement with Calistoga Chamber of Commerce for Destination Marketing and Promotional Services
DESCRIPTION:

Consider adopting a Resolution authorizing the City Manager to execute a new 3-year professional services agreement with the Calistoga Chamber of Commerce RECOMMENDATION:

Consider adopting Resolution.

BACKGROUND/SUMMARY:

BACKGROUND: For many years the city has contracted with the Calistoga Chamber of Commerce to provide destination marketing and various promotional services to support and enhance the community's tourism and economic base.

DISCUSSION: The current contract with the Chamber of Commerce expired on June 30, 2022. Given the dominant role that visitor activity plays in the Calistoga economy including city revenues from transient occupancy tax and visitor related sales tax, focused and professional marketing of Calistoga as a destination is important.

The Chamber is requesting a three-year agreement to provide the Chamber with the degree of assurance necessary to plan for long-term visitor center staffing, reliable contracting relationships, and long-term strategic marketing and promotional efforts necessary to remain competitive attracting visitors.

The Chamber will provide a report of the current contract and marketing efforts to the City Council on Tuesday, July 19, in conjunction with this report.

CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:

Consistent with Goal 1: Maintain and enhance the economic vitality of the community and the financial stability of the City.

CEQA STATUS:

Exempt
FINANCIAL IMPACT:

The fiscal impact to the City is (Account #01-4176-4402):
• Year 1 (FY 2022-23). $42,333 per month for a base compensation not to exceed $508,000 for the fiscal year.

Item #9.6.

• Year 2 (FY 2023-24). $44,500 per month for a base compensation not to exceed $534,000 for the fiscal year. If the City’s Transient Occupancy Tax revenue declines in Fiscal Year 2022- 2023 from Fiscal year 2021-22, then the Chamber compensation for Year Two of the contract ($534,000) will be reduced by the same percentage as the city’s decline in TOT revenue. • Year 3 (FY 2024-25). Same as Year Two except that the amount of compensation shall be increased by the annual percent increase in the Consumer Price Index - All Urban Consumers for San Francisco- Oakland- San Jose (CPI) from April to April of previous year. The monthly base compensation shall be increased on a pro rata basis using this annual CPI increase starting July 1, 2024.

ATTACHMENT(S):

ATTCH 1 - Resolution Chamber of Commerce Agreement
Exhibit A Dest Mktg SCOPE 2022-25 FINAL
Exhibit B Compensation 2022-25 FINAL
Chamber Presentation Final
APPROVAL(S):

Gloria Leon, Administrative Services Director Approved - Jul 12 2022 Laura Snideman, City Manager Approved - Jul 12 2022
Marni Rittburg, City Clerk Approved - Jul 13 2022
Item #9.6.

RESOLUTION NO. 2022-XXX

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

NAPA, STATE OF CALIFORNIA, AUTHORIZING THE EXECUTION OF A THREE-YEAR

PROFESSIONAL SERVICES AGREEMENT WITH THE CALISTOGA CHAMBER OF

COMMERCE FOR CONTINUED MARKETING AND PROMOTIONAL SERVICES WHEREAS, Calistoga was founded as a resort community and enjoys and depends upon a high rate of tourism; and
WHEREAS, tourism constitutes a major industry in Calistoga, and the City receives a significant portion of its revenues from Transient Occupancy Tax (TOT) generated by the tourist industry; and
WHEREAS, the City Council recognizes the need to aggressively promote the community in order to maintain and enhance our attractiveness as a tourist destination; and WHEREAS, the City of Council has contracted with the Calistoga Chamber of Commerce (the Chamber) in the past for community promotional services and destination marketing; and
WHEREAS, a three-year contract period is necessary in order to provide the Chamber the degree of assurance necessary to ensure that Calistoga continues to benefit from long-term visitor center staffing, reliable contracting relationships and strategic marketing and promotional efforts necessary to remain competitive in the challenging visitor economy; and
WHEREAS, the City Council finds that such a relationship has been beneficial to the community and given the financial impacts associated with COVID-19 the City Council desires to continue the partnership with the Chamber to promote focused marketing and promotional strategies in the future.

NOW, THEREFORE, BE IT RESOLVED that the Calistoga City Council hereby approves the terms of the proposed Scope of Work attached here to as EXHIBIT A to this Resolution.

BE IT FURTHER RESOLVED that the City Council of the City of Calistoga hereby authorizes the City Manager to enter into a three-year professional services agreement with the Chamber in the amounts of (Account #01-4176-4402):
▪ Year 1 (FY 2022-23). $42,333 per month for a base compensation not to exceed $508,000 for the fiscal year.
▪ Year 2 (FY 2023-24). $44,500 per month for a base compensation not to exceed $534,000 for the fiscal year. If the City’s Transient Occupancy Tax revenue declines in Fiscal Year 2022-2023 from Fiscal year 2021-22, then the Chamber compensation for Year Two of the contract ($534,000) will be reduced by the same percentage as the city’s decline in TOT revenue.
▪ Year 3 (FY 2024-25). same as Year Two except that the amount of compensation shall be increased by the annual percent increase in the Consumer Price Index - All Urban Consumers for San Francisco- Oakland- San Jose (CPI) from April to April of previous year. The monthly base compensation shall be increased on a pro rata basis using this annual CPI increase starting July 1, 2024.

Item #9.6.

Resolution No. 2022-0XX

BE IT FURTHER RESOLVED that this shall be funded from Account Number 01- 4176-4402 as set forth in EXHIBIT B to this Resolution and in accordance with terms of a Professional Services Agreement.

PASSED, APPROVED AND ADOPTED this 19th day of July 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
Item #9.6.

Exhibit A
Scope of Work
July 1, 2022 – June 30, 2025
Below are listed the contracted services for the City of Calistoga with the Calistoga Chamber of Commerce. The services listed are not in order of importance and does not represent all the activities that are performed on a daily basis as it relates to tourism. • The Chamber operates the current Welcome Center with walk-in, email, Instant Chat and phone access. The Welcome Center will serve as fulfillment center responding to potential visitors viewing marketing material or editorial content promoting Calistoga. Visitor contact will have, as its primary goal, the securing of overnight stays within the City of Calistoga.
• The Welcome Center will be open seven days a week unless otherwise directed by Napa County Public Health Department due to new restrictions caused by the COVID-19 pandemic. The Welcome Center will be closed on Thanksgiving Day, Christmas Day and New Year’s Day.
• The Welcome Center will regularly update a Calistoga Lodging listings showing amenities (i.e. pools, spa on site, etc.) and restrictions (pets, multiple night requirement, etc.) for each establishment. Callers seeking lodging will be referred to establishments fitting their needs and reflecting vacancies via the VisitCalistoga.com booking agent.
• The Welcome Center will also provide a central location for the display of visitor centered marketing materials for area attractions, activities, wineries, dining, shopping, etc. Welcome Center Staff will publish annually 20,000 Visitor’s Guides to be made available at the Welcome Center, Calistoga lodging and businesses, as well as Sonoma County and Bay Area airports. Staff will maintain a knowledge base of area history, visitor opportunities, activities and events. • The Welcome Center staff will create annually updated Wayfarer Street maps to be posted throughout the downtown area.
• The Chamber will manage VisitCalistoga.com and related websites in a manner, which will sustain its search engine rankings, and use it for the promotion of Calistoga. The Chamber will continue to seek out and utilize new Internet technology to promote Calistoga.
• The Chamber will make available and utilize all of the Chamber’s marketing assets, including visitcalistoga.com, direct to consumer email lists and numerous social platforms and followers, including Facebook, Instagram, Twitter, Pinterest and TikTok.

Item #9.6.

• The Chamber will make at least one Facebook or Instagram post daily promoting local businesses, events or seasonal travel highlights. On several days of the week, depending on the season, posts will be made on all Social Media platforms.
• Public Relations (PR) Program is aimed at creating media content in the form of favorable stories or editorial references in print or electronic media. Compared to the placement of advertising, this model requires staffing and work load modifications to aggregate media content (stories, photos, video, etc.) resulting in increased costs for skilled personnel and other operating costs. • As reflected in the proposed budget, the Public Relations efforts will also provide illustrative Photos and Video and related graphics to supplement articles.

Whether created by staff or by outside contract, photo, video and graphic production will increase costs both in time and materials (Press Kits, etc.). • The Chamber will provide annual marketing and Welcome Center activity and financial reports to the City. Upon Request, financial records and subsidiary documentation for receipt and expenditure for contract funds will be made available to the City's Director of Administrative Services. • The Chamber will maintain the position of Events Manager, targeting Off-Season Events, as well as generally increasing mid-week occupancy rates year-round.

The Chamber will continue to present Winter and Spring off-season events, such as the annual Calistoga Lighted Tractor Parade and Wellness Week, and at least one other event, but only if permitted by the state and county regulations regarding public gatherings as allowed by COVID restrictions. The Events Manager will also manage the summer Concerts in the Park, Calistoga Harvest Table and the Holiday Village.
• The Chamber will accumulate data and report on Travel Industry Trends, which can provide business direction.
• The Chamber will support the Visit Napa Valley PR efforts. • The Chamber will continue to be an active participant in the promotion, marketing and advancement of Calistoga as a visitor destination and as a great place to live and do business. The Chamber will be an active partner and participant in the implementation and operation of the Welcome Center under the Chamber umbrella. In that regard, there will be some overlap of duties and activities based interrelated activities, local knowledge and available skills. The Chamber will provide assistance and oversight to the Welcome Center, which will reduce the overhead of the Welcome Center with shared assets and staff.

Item #9.6.

• The Chamber will continue to participate in regional, state and national programs and activities which promote Calistoga or which improve Calistoga's image as a visitor destination, including but not limited to:
a. Participate in Travel Trade Shows
b. Coordinate activities with other private and public Visitor-oriented organizations.
c. Provide staff and management training opportunities through coordination with Visit Napa Valley.
d. Promote technology use by local businesses in providing both marketing promotion and customer service.
e. Create and support independent and focused business promotion groups.

Item #9.6.

Exhibit B
Compensation for Services
July 1, 2022 – June 30, 2025
The CHAMBER shall be compensated for services rendered
pursuant to the Agreement for Consultant Services in accordance with the terms set forth in this Exhibit.

Compensation and Method of Payment:

A. Compensation Year One. The compensation to be paid to CHAMBER, including both payment for professional services and reimbursable expenses, shall be $42,333 per month for a base compensation not to exceed $508,00,000 for the entire fiscal year.

B. Compensation Year Two. The compensation to be paid to CHAMBER, including both payment for professional services and reimbursable expenses, shall be $44,500 per month for a base compensation not to exceed $534,000 for the entire year. If the City’s Transient Occupancy Tax revenue declines in Fiscal Year 2022-2023 from Fiscal year 2021-22, then the Chamber compensation for Year Two of the contract ($534,000) will be reduced by the same percentage as the city’s decline in TOT revenue.

C. Compensation Year Three. The compensation to be paid to CHAMBER, including both payment for professional services and reimbursable expenses, starting on July 1, 2024, shall be the same as Year Two except that the amount of compensation shall be increased by the annual percent increase in the Consumer Price Index - All Urban Consumers for San Francisco- OaklandSan Jose (CPI) from April to April of previous year. The monthly base compensation shall be increased on a pro rata basis using this annual CPI increase starting July 1, 2024.

D. Payment by CITY under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the CITY at the time of payment.

E. Timing of Payment. Billing for base compensation services may be made on a monthly basis. CITY shall review CHAMBER'S statement and pay CHAMBER for services rendered within 15 days of receipt of the CHAMBER'S statement.

F. Changes in Compensation. CHAMBER will not undertake any work that will incur costs in excess of the amount identified in Section 3. A. without written approval from CITY.

END
Item #9.6.

Item #9.6.

Destination Marketing Services
July 19, 2022
Item #9.6.

Marketing-Welcome Center agreement
between Calistoga and Chamber
• Contract extension ended June 30, 2022
• Improving pandemic conditions offer rebound
potential for local business, but specter of
recession/bear market create new hurdles
• This proposed 36-month service agreement would:
✓ Maintain Welcome Center at full operation
✓Paid and unpaid marketing to focus on post-pandemic
conditions, costs and competition
✓Return of all annual events
Item #9.6.

Contract for Services
With complete financial transparency
• Contract pays for “specific services” for the benefit of community – the Chamber itself does not profit
• Expense and service monitoring ensures maximum
ROI for the City
• The Board of Directors and the Finance Committee
review all the financials monthly.
• Contract financials are available at the Chamber for
review at any time.

Item #9.6.

Services provided
by the Chamber

1. Welcome Center operations

2. VisitCalistoga.com

3. Marketing & Advertising: including social media,
print and digital ads

4. Influencer trips, public relations and trade shows

5. Real-time booking service for lodging

6. Annual Calistoga Visitor’s Guide

7. Organization/production of major community
events
Item #9.6.

2022-25
Contract
Budget
Welcome Center
32%
Marketing
[Paid]
24%
Events
14%
Operations
10%
Website
8%
Marketing
[Unpaid]
12%
Contract Proposal
• Year 1: $508,000
• Year 2: $534,000
• Year 3: CPI index
Item #9.6.

Why the City contracts with Chamber
for Destination Marketing services
$-
$1.0
$2.0
$3.0
$4.0
$5.0
$6.0
$7.0
$8.0
$9.0
$10.0
2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021
Millions
TOT Revenue History
TOT Revenue History
Item #9.6.

Marketing, rates drive TOT in 2021
• Average rate for Calistoga lodging increased close
to 20%
• The Chamber received $60,000 marketing grant
from T.I.D. reserves to replace city funds
• 5-month ad campaign was highly successful
– Generated more than $500,000 in direct lodging
bookings
– VisitCalistoga website set record for monthly user
sessions after start of campaign in May 2021
– VisitCalistoga had additional 5,000 referrals to lodging websites
Item #9.6.

Why is contract more than 2019?
2019-20 contract was for $39,000 a month /
2022-23 contract proposal is $42,333 a month

1. Scope of work returns to 2019 deliverables
o Welcome Center runs at full schedule, 7 days a week
o Full schedule of historic events (Tractor Parade, Harvest Table, Concerts in the Park, Winter in the Wineries, plus Wellness Week)

2. Marketing costs have increased due to competition
o Luxury and aspirational markets heavily targeted

3. Staff costs have increased significantly
o Cost to retain and fill positions has risen following pandemic
o No increase in FTEs
Item #9.6.

Why a 3-year contract is important
• Marketing programs are months long and
overlap fiscal years.
• Longer-term strategic planning is needed to
maximize the effectiveness of Chamber’s
services
• Staff recruitment is more difficult when
funding isn’t guaranteed longer than a year.

Item #9.6.

Welcome Center & Guest Services
• Staffed by 2 employees and trained volunteers
• In 2019, more than 25,000 visitors and 15,000 calls
• Prints & distributes 20,000 visitor guides annually
• Distributes thousands of local business rack cards
annually
Item #9.6.

Today’s marketing challenge
• Post-pandemic marketing requires planning
– Fierce competition for tourists’ attention
– Competition is driving up advertising rates
– Weekends are busy, but overall business still below
normal
– Current Calistoga occupancy is sitting close to 70%.
– Weekends are strong, but weekdays are closer to 55%
– Focus remains drive market, but marketing extending
to Southern California and other key states.

Item #9.6.

Earned media
Bloggers
Influencers
Published articles
Social Media posts
Partnerships
Agreement leverages Chamber marketing
assets and social media channels
Owned media
VisitCalistoga.com
Social Media
followers
Opt-in newsletter
Mobile site
Bought
media
Internet ads
Print ads
Media trips
Website: 270,000 UV /
331,000 sessions
Newsletter: 14,000 subs
Social followers: 50,000+
Item #9.6.

• Build demand by marketing
destination experience
• “Rest, Relax, Rejuvenate:”
Spas, mineral pools and
outdoor experiences pull in
visitors
• Design marketing programs
that promote “off peak”
seasonal / Sunday through
Thursday travel patterns.
• Grow sustainable follower
base, opt-in newsletter, social
media followers, influencers
Marketing: Data-driven strategy,
effective messaging
Item #9.6.

City investment proposal
Previous years
2019-20 investment from the City $468,000
2020-21 investment from the City $303,500
2021-22 investment from the City $406,500
2022-23 Fiscal Year
Income: annual
Investment Contribution from the City $508,000
Visit Napa Valley $30,000
2021-22 Reserve $0
Expenses (update)
Paid Marketing, Advertising ($125,860)
Staffing & Payroll expenses ($359,540)
Operations ($52,600)
Net income: ($92)
Item #9.6.

In this challenging period, the
Chamber is dedicated to helping
businesses recover and thrive
Chamber Board of Directors, 2022-23
Sandy Tucker (Chair) Next Home in the Valley
Eden Umble (Past-Chair) Individual member
Leonard LaBranche (Treas.) G&J Seiberlich & Co LLP, CPA’s Gianni Busato Beck & Taylor Realty
George Blanckensee Chateau Montelena Winery
Sasan Nayeri Evangeline Calistoga
Bobbi Frioli Brannan Center
Jenn Sloan Calistoga Living
Kelly Nelson Individual member
Claire Ducrocq Weinkauf Picayune Cellars & Mercantile
Debbie Lewis Dr. Wilkinson’s
Rick Kaiser Kaiser Family Winery
Item #9.6.

Marni Rittburg
From:

Sent:

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Norine Moses
Sunday, July 17, 2022 7:35 PM
Public Comment
Fwd: chamber contract
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I agree with Council Member Williams that a one year contract would better keep the Chamber of Commerce at a positive level of performance.

Norine Moses
-------- Forwarded Message ------
Subject:chamber contract
Date:Sun, 17 Jul 2022 18:42:00 -0700
From:Donald Williams
Dear Calistogan,
I'm sorry for the short notice, but I'm hoping you will have time to communicate to the city council about the following issue either by email ([email protected]) or by speaking at the meeting on Tuesday night. On the agenda is a proposal to contract with the Chamber of Commerce for three years for marketing/advertising. Here is the link:

Staff Report - Agreement with Calistoga Chamber of Commerce for Destination Marketing and Promotional Services - Pdf
I objected to the amount of the funding ($504K) but the others on the council approved it, so that will not change. However, the Chamber is requesting a 3-year contract. I think that one year is appropriate and that the council should not lock us into a 3-year contract for these reasons:
*city revenue may decline (e.g. a recession, fire, pandemic) and we may not be able to pay for it; *city priorities may change (e.g. more $$ to water bill relief, street repair) and we may not want to pay for it;
*city staff (manager, planning director) are relatively new and haven't had a chance to evaluate the chamber's marketing services but will have a much better understanding of them in another year; *in time the Chamber may not perform adequately but the City would be locked into paying anyway. A one-year agreement encourages the Chamber to continue to perform at a high level to ensure renewal of an annual contract.

I'd appreciate it if you let the council know your thoughts on the proposal. 1 Item #9.6.

Thank you!
Donald
2 Item #9.6.

Marni Rittburg
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Subject:

Scott Atkinson
Monday, July 18, 2022 1:37 PM
Public Comment
Chamber of Commerce Contract
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Honorable Mayor and Council members:

I must state my opposition to a 3 year contract with the Chamber of Commerce. The economy has already taken some serious hits in terms of Inflation and I would be uncomfortable with the City being locking into a 3 year contract under the present conditions.

I support the role of the Chamber and acknowledge it is vital for the future of our community. However, I have not seen a real strong support by the Chamber to push the City to purchase the fairgrounds for community and tourist activities. Negotiations for the fairgrounds have been dragging on for far too long and some significant city funding will need to be allocated to preserving and enhancing the fairgrounds if the purchase is successful. This will include purchasing substantial event supplies and equipment to hold events there to replace items sold by Celebrate Napa Valley, which I believe has received Chamber funding.

My preference is for a one year contract, but I can live with a two year contract, which more closely resembles municipal budget practices. Three years is unacceptable.

Regards,
Scot t Atkinson
Saving one dog will not change t he world, but surely for t hat one dog, the world will c hange foreve r.
1 Item #9.6.

Marni Rittburg
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Cody Kirkham
Monday, July 18, 2022 7:37 AM
Public Comment
Three-year contract with Chamber
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Our supposedly supreme court has lifetime tenure- no term limits. Things change so fast these days, from technology to public sentiment, that even a three-year contract with the Chamber for marketing and advertising is too much. Let's let Calistogans thrive in the town most of us chose for its down home rather tlian upscale lifestyle. A one-year contract is plenty.

Thank you.

Cody Gillette Kirkham
Sent from my iPhone
1 Item #9.6.

Marni Rittburg
From:

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Subject:

Gwen Becker
Monday, July 18, 2022 7:44 AM
Public Comment
Chamber Agreement
CAUTION: This email originated from outside of the organization. Do not dick links or open attachments unless you recognize the sender and know the content Is safe.

Dear Councilmembers:

I feel the Chamber of Commerce contract for services should be granted for a ONE YEAR PERIOD. This has always worked in the past and there is no reason they cannot "be assured" of support in the future.

Each year the council may be made up of different members and they should have the right to determine the Chamber's contract for services by reviewing their success the past year. Having this year's council take away that determination from a future council does not seem prudent nor in line with proper protocol.

Even though the staff resolution ties the increase to TOT, we can never know what may happen economically within one year. This has been proven to us. The City has no reason to tie their hands for three years. The Chamber isn't going anywhere and they have succeeded well with the annual approval.

This resolution is unusual and unnecessary. Stick with the normal one year service agreement and let each council determine the Chamber of Commerce service agreement.

Thank you,
Gwen Becker
Gwen Costello Becker
1 Item #9.6.

Marni Rittburg
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Subject:

Gerry Turgeon
Monday, July 18, 2022 10:00 AM
Public Comment
3 Year Chamber Contract
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 Council Members,
I am writing to ask you to deny our City of Calistoga from entering into an extended 3 year contract with the Chamber of Commerce. Please do not support the Chamber's request as it is not a sound nor prudent choice for the City. It may work to the advantage of the Chamber but please be reminded that it's not in the best interest of our City and its residents. You do not hold a crystal ball that will predict the economic future and it is filled with uncertainty. I already object to the sizable funding that the City provides and feel that the businesses that have the most to gain should fund the lion's share. There are manr reasons that I feel this is a bad idea and most of all is that on a year-byyear basis the Chamber wi1 need to operate at its best level. It must sharpen its pencil to assure and convince Council and constituents annually that its relevance remains a priority during changing times. Thank you for your consideration.

Gerry Turgeon
1 Item #9.6.

Marni Rittburg
From:

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Subject:

Donna Higgins
Tuesday, July 19,
Public Comment
Agenda item Contracting with Chamber of Commerce
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Dear Council members,
I have read the information in regard to the Chamber of Commerce contract. Please do not vote yes on this agenda item.

There's no language in the contract that would show some kind of oversight or evaluation of the over 1/2 of a million dollars sent to the Chamber of Commerce to conduct the business of the Visitor Center.

There's no indication of the dollar amount for the salaries that would be paid out, how recruitment would take place for the contractors and paid staff or cost of office space rent.

I think transparency of this large budget should be essential to the approval of this contract.

Thank you for considering my opinion.

Donna Higgins
I suggest you grant the contract for one year with the caveat that how the money is closely reviewed. 1 Item #9.6.

Marni Rittburg
From: Katherine LaBrie
Sent:

To:

Tuesday, July 19, 2022 9:33 AM
Public Comment
Subject: Please Do Not Approve 3 Year Chamber of Commerce Contract 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 Council members,
It has been brought to my attention that the City Council is set to approve A 3 year contract for the Chamber of Commerce.

We are not in favor of the proposed 3 year contract and do not see a benefit to the citizens of Calistoga, only to the Chamber.

A one year contract is fair and has been sufficient in the past.

A 1 year contract encourages the Chamber to continue to do the most it can so as to be renewed the following year.

A 3 year contract does not make good sense as there are many unknowns ahead of us over the next 3 years, including.possible recession, continuing pandemic and continuing and increasing drought.

As there is an upcoming election, it seems this current City Council is just trying to 2ush this through ahead of elections and that seems unnecessary and not a particularly good look for the Council.

It is not the right thing to do.

Please approve a 1 year contract only.

Sincerely,
Katherine and Louis LaBrie
1 Item #9.6.

Marni Rittburg
From:

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Subject:

Attachments:

Rick Kaiser
Tuesday, July 19, 2022 10:07 AM
Public Comment
Public Comment Letter
Letter to City Council -.docx
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I would appreciate if this letter could be ready at the time available for public comments for the approval of a three-year contract for the Chamber of Commerce.

Thank you.

Richard (Rick) Kaiser
President & lYincmakcr
K::u:,;cr Fami/J' ltf'foc1:r
2180 Mora Avenue
Oui,togr1, C4 91.SJS
(707) J.11-3/6()
(7(17) S41-31Sl lax
1 Item #9.6.

July 19, 2022
To: Calistoga City Council
2180 Mora Avenue
Calistoga, CA 94515
(707) 341-3450
As I understand, at today's City Council Meeting there is to be discussion and consideration regarding a three year contract for the Calistoga Chamber of Commerce. As a resident and multiple business owner in Calistoga, I want to show my full suppo1t for the approval of the contract.

The Chamber of Commerce has demonstrated year-after-year their ability to promote and support our community. The cost of the contract is far outweighed by the additional revenue that is brought into our community. And the cost of the contract is more than offset by the tax revenue that the City of Calistoga receives from increased business.

The marketing programs, Visitor Center, visitcalistoga.corn, and the running of the Tractor Parade, Harvest Table, and Wellness Week are invaluable. Everyone knows that the Tractor Parade and Harvest Table have become must events for our community. They are signature events and the Chamber should be recognized for their creation and production. Wellness Week is a new effort but very well could exceed the Tractor Parade & Harvest Table and become the event for which Calistoga is best known for.

The Chamber of Commerce is well worthy of the funding and a three year contract allows them to better manage the programs and services provided. This has been and will be city money well spent.

There are others who will be encouraging the City Council to not approve the proposed contract.

I have been told that this campaign is being spearheaded by a Council member who is anti-growth and not very supportive of existing businesses. This agenda should not interfere with the approval of the contract with the Chamber of Commerce.

The Chamber of Commerce has enhanced the reputation of our community and has increased the visibility to the tourist trade for a reasonable cost Please approve the three year contract, as proposed for the Chamber.

Thank you for your time and all you do for the City of Calistoga, Sincerely,
Rick Kaiser
Item #9.6.

Marni Rittburg
From:

Sent
To:

Subject:

Ralf Konietzko
Tuesday, July 19, 2022 10:13 AM
Public Comment
In favor of the Destination Marketing
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 Calistoga City Council,
I am in favor of the proposed 3 year contract for the Chamber of Commerce Destination Marking funding before you today. The three year contract will allow for critical long-term strategic planning, marketing, staffing and promotions. Not business can success without a long range strategy and the Chamber of Commerce needs the assurance of funding to help promote tourism for our community.

Best, Ralf Konietzko
-
Calistoga, CA 94515
1 Item #9.6.

Marni Rittburg
From:

Sent
To:

Subject:

Tuesday, July 19, 2022 10:40 AM
Public Comment
Proposed 3 year funding for Chamber advertising budget.

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.

City Council,
I respectful suggest that the proposal to award the Chamber of Congress a three year contract of $540K plus annual increases tied to inflation fiscally unwise.

When I first moved to Calistoga 42 years ago, very few people I met had heard of our town. Now, even when I travel the world, many people have heard of Calistoga , while in most of the USA, it is very much recognised as a highly desirable de~tination ~QOt.

I understand the need to maintain Calistoga in the public eye as a tourist destination. I do, however, strongly disagree that we should lock the city intQ an annual $540K, 3-year contract, with the Chamber of Commerce for the reasons below.
* After the last three years we all know how fast how fiscal conditions change : pandemic, fire, recession. We sirn ply may not have the resources to pay for it, without severely jeopardising other city needs.
* Need for annual review - It would seem more fiscally prudent to review how efficiently and effectively the Chamber has utilised this high award after a year, and whether it is the most beneficial use of this money for the health of our town. * City needs and priorities may change. For example our infrastructure is a continuing area of high need e.g. water rate relief and street repair. We may find we need to reallocate our resources based on changing priorities, and being tied to a three year contract without an annual review would in effect tie our hands.
* New city staff. Our City Manager, and City Planning Director are relatively new and haven't had time to evaluate the Chamber's marketing services, but will have a much better understanding after a year.

I hope you will give the above reasons consideration before awarding a 3-year annual $540K contract to the Chamber of Commerce, and tying up City resources for a three year period without an annual evaluation on changing needs and pnorities.

Thank You,
Sent from my iPhone
1 Item #9.6.

Marni Rittburg
From:

Sent:

To:

Subject:

Malcolm Sibbernsen
Tuesday, July 19, 2022 12:54 PM
Public Comment
Please consider a one year term of the Chamber
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 City Council,
WAKE UP! THIS IS IMPORTANT FOR OUR CITY.

Let the Chamber of Commerce have a One Year Contract and prove their methods sound and viable and then discuss a longer term.
anything in life, let the Chamber of Commerce prove their business strategy and success with hard data you can review.

Then and only then approve them for a longer term.

Don't just throw 3 years and $540,000 of contract money at them without any valid, statistical history of method and success. That's just being dumb and lazy.

Sincerely,
Malcolm Sibbernsen
Calistoga, CA 94515
1 Item #9.6.

Marni Rittburg
From:

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To:

Subject:

Kelly Nelson
Tuesday, July 19, 2022 3:10 PM
Public Comment
Seeking support of the Chamber Three year contract
,:'-dditiona!Jtti!}BSJ.

Meetmg of ~L( '1 /'2,..,Z..
liemNo. q,Jl.

Distributed <llllJeis :I--. 9 /'2-2..

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Hello,
As a resident of Calistoga and as a Chamber Board member, I am writing to encourage your support of the Calistoga Chamber of Commerce.

Having been in hospitality sakes and marketing for the last 30 years, I know how important a Chamber of Commerce and Destination Marketing can be and the power of longevity.

There are several services organized and executed by the chamber under the contract -- marketing, visitcalistoga.com, the Visitor's Center and production of events such as the Tractor Parade, Harvest Table and Wellness Week, which we hope will grow in the future.

I hope you will strongly consider supporting the three year contract.

Thank you,
Kelly Nelson
1 Item #9.6.

Marni Rittburg
From:

Sent:

To:

Subject
Attachments:
ga bla
Tuesday, July 19, 2022 3:07 PM
Public Comment
for city council meeting Tuesday July 12, 2022
funding of chamber 7.12.22.docx; funding of chamber 7.12.22.pages CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Please let me know if this is received in proper form. Thank you.

Jeri Hansen
1 Item #9.6.

Mayor Canning
Council Persons:

Lopez-Ortega
Williams
Kraus
Gift
Greetings.

I am writing to express my opinion regarding the three year funding contract with our Chamber of Commerce. First, I want to say that I do acknowledge the Chamber plays a very important roll within the Calistoga Business Community. I do not underrate the value of this organization. And, I think the most important service they provide is being of service to visitors once they have arrived at our front door.

I realize being able to properly represent Calistoga is multi-faceted. Familiarity with our town and the surrounding towns and counties is a must and this comes at a price. I get that in order to project out annual needs is easier if there is a long term view of available funds. Easier. Not necessarily necessary.

My feelings are simple. Personally, I find that often, whenever monies are committed prior to delivery of services there tends to be issues which are perhaps more difficult to resolve regarding that delivery of services. People and organizations tend to hold to the expectations when their funding is NOT guaranteed in advance of services.

The other thing regarding tourist dollars. Is there any reliable way of knowing exactly why John and Mary are in Calistoga from Podunk, Iowa? Was it media exposure or did their family or friends suggest Calistoga as a great vacation spot?
We are an integral part of the world famous Napa Valley. The bulk of advertising is done by the larger businesses (wineries, resorts, restaurants) who don't rely on any Chamber of Commerce to do their bidding. And the smaller businesses benefrt (piggyback) from the exposure of those other businesses, don't they?
Basically, I don't support this three year financial commitment. I would like funding to continue to be assigned as it has been in the past.

Thank you for your time and consideration.

Sincerely,
Jeri Hansen
Item #9.6.

July 19, 2022
Calistoga City Council
Dear Honorable Mayor and City Council members,
I am writing to urge you to accept the staff recommendation and adopt the Resolution authorizing the City Manager to execute a new three-year Destination Marketing professional services agreement with the Calistoga Chamber of Commerce.

As a long-time resident of Calistoga and business owner I believe that the work that went into achieving the lodging increase of almost 20% last year post shutdown was significant to the economic health of our community. That is just the beginning of the Chambers work however.

The Service agreement supports Destination Marketing, the Visitor's Center, the production of events like our beloved Tractor Parade and Harvest Table as well as building off season traction with Winter in the Winery, Wellness and so much more.

Having bought National media for years, and led strategic partnerships that leveraged pooled media monies for bigger impact, it is my professional opinion that a one-year July- June budget significantly hamstrings the ability of the Chamber to leverage Destination Marketing and professional services funds for the greatest impact.

The three-year service agreement allows for critical multi-year strategic planning, multi-channel marketing initiatives, contracted staffing and promotions.

The transparency of the Chamber's budget, and line-item expenditures afford a high level of accountability of the professional services that the City of Calistoga has entrusted with the Calistoga Chamber of Commerce.

I urge you to vote yes, and allow the Chamber to get the greatest return on your investment for the benefit of our community. Thank you for all that you do in support of our community and your consideration.

In service,
Jenn Sloan
Founder+ Publisher
Calistoga Living
Winner GD USA 2020 American lnHouse Design Award
Market Maker Napa, Sonoma & Marin County
I [email protected]
www.linkedin.com/in/JennSloanBVMedia
Resident since 1993
Item #9.6.

Marni Rittburg
From:

Sent:

To:

Subject:

Eden Umble
Tuesday, July 19, 2022 8:17 PM
Public Comment
Letter in support of funding Chamber's destination marketing contract for 3 years 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.

To Calistoga City Council members,
As you consider approving a three year destination marketing contract with the Calistoga Chamber of Commerce, I'd like to express my full support as a board member and longtime member of the local business community.

With its rich history, natural hot springs, welcoming nature, award-winning wines, excellent dining, quirky signature events, stunning scenery and small town charm, Calistoga is a unique place for Napa Valley travelers to explore and enjoy year-round. As a marketing professional with 25 years' experience in this region, I can attest that we have extraordinary elements to work with, and also understand the fierce competition we face to entice visitors from around the Bay Area, the nation and the world over to visit. Sharing the bounty of our town with visitors is key to our economic stability, as you know full well.

It takes thoughtful, targeted, sustained marketing to maintain Calistoga's status as a premier Napa Valley destination.

The Calistoga Chamber has demonstrated responsible, effective initiatives, programs and events to achieve this. I appreciate your approving this contract in full to support the Chamber's ongoing activities.

Sincerely, Eden Umble
Former Calistoga Chamber of Commerce Board Chair
Marketing professional, hotelier, Sharpsteen Museum Board Member Eden Umble
1 Item #9.6.

Destination Marketing Services
July 19, 2022
Item #9.6.

Marketing-Welcome Center agreement
between Calistoga and Chamber
• Contract extension ended June 30, 2022
• Improving pandemic conditions offer rebound
potential for local business, but specter of
recession/bear market create new hurdles
• This proposed 36-month service agreement would:
 Maintain Welcome Center at full operation
Paid and unpaid marketing to focus on post-pandemic
conditions, costs and competition
Return of all annual events
Item #9.6.

Contract for Services
With complete financial transparency
• Contract pays for “specific services” for the benefit of community – the Chamber itself does not profit
• Expense and service monitoring ensures maximum
ROI for the City
• The Board of Directors and the Finance Committee
review all the financials monthly.
• Contract financials are available at the Chamber for
review at any time.

Item #9.6.

Services provided
by the Chamber

1. Welcome Center operations

2. VisitCalistoga.com

3. Marketing & Advertising: including social media,
print and digital ads

4. Influencer trips, public relations and trade shows

5. Real-time booking service for lodging

6. Annual Calistoga Visitor’s Guide

7. Organization/production of major community
events
Item #9.6.

2022-25
Contract
Budget
Welcome Center
32%
Marketing
[Paid]
24%
Events
14%
Operations
10%
Website
8%
Marketing
[Unpaid]
12%
Contract Proposal
• Year 1: $508,000
• Year 2: $534,000
• Year 3: CPI index
Item #9.6.

Why the City contracts with Chamber
for Destination Marketing services
$-
$1.0
$2.0
$3.0
$4.0
$5.0
$6.0
$7.0
$8.0
$9.0
$10.0
2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021
Millions
TOT Revenue History
TOT Revenue History
Item #9.6.

Marketing, rates drive TOT in 2021
• Average rate for Calistoga lodging increased close
to 20%
• The Chamber received $60,000 marketing grant
from T.I.D. reserves to replace city funds
• 5-month ad campaign was highly successful
– Generated more than $500,000 in direct lodging
bookings
– VisitCalistoga website set record for monthly user
sessions after start of campaign in May 2021
– VisitCalistoga had additional 5,000 referrals to lodging websites
Item #9.6.

Why is contract more than 2019?
2019-20 contract was for $39,000 a month /
2022-23 contract proposal is $42,333 a month

1. Scope of work returns to 2019 deliverables
o Welcome Center runs at full schedule, 7 days a week
o Full schedule of historic events (Tractor Parade, Harvest Table, Concerts in the Park, Winter in the Wineries, plus Wellness Week)

2. Marketing costs have increased due to competition
o Luxury and aspirational markets heavily targeted

3. Staff costs have increased significantly
o Cost to retain and fill positions has risen following pandemic
o No increase in FTEs
Item #9.6.

Why a 3-year contract is important
• Marketing programs are months long and
overlap fiscal years.
• Longer-term strategic planning is needed to
maximize the effectiveness of Chamber’s
services
• Staff recruitment is more difficult when
funding isn’t guaranteed longer than a year.

Item #9.6.

Welcome Center & Guest Services
• Staffed by 2 employees and trained volunteers
• In 2019, more than 25,000 visitors and 15,000 calls
• Prints & distributes 20,000 visitor guides annually
• Distributes thousands of local business rack cards
annually
Item #9.6.

Today’s marketing challenge
• Post-pandemic marketing requires planning
– Fierce competition for tourists’ attention
– Competition is driving up advertising rates
– Weekends are busy, but overall business still below
normal
– Current Calistoga occupancy is sitting close to 70%.
– Weekends are strong, but weekdays are closer to 55%
– Focus remains drive market, but marketing extending
to Southern California and other key states.

Item #9.6.

Earned media
Bloggers
Influencers
Published articles
Social Media posts
Partnerships
Agreement leverages Chamber marketing
assets and social media channels
Owned media
VisitCalistoga.com
Social Media
followers
Opt-in newsletter
Mobile site
Bought
media
Internet ads
Print ads
Media trips
Website: 270,000 UV /
331,000 sessions
Newsletter: 14,000 subs
Social followers: 50,000+
Item #9.6.

• Build demand by marketing
destination experience
• “Rest, Relax, Rejuvenate:”
Spas, mineral pools and
outdoor experiences pull in
visitors
• Design marketing programs
that promote “off peak”
seasonal / Sunday through
Thursday travel patterns.
• Grow sustainable follower
base, opt-in newsletter, social
media followers, influencers
Marketing: Data-driven strategy,
effective messaging
Item #9.6.

City investment proposal
Previous years
2019-20 investment from the City $468,000
2020-21 investment from the City $303,500
2021-22 investment from the City $406,500
2022-23 Fiscal Year
Income: annual
Investment Contribution from the City $508,000
Visit Napa Valley $30,000
2021-22 Reserve $0
Expenses (update)
Paid Marketing, Advertising ($125,860)
Staffing & Payroll expenses ($359,540)
Operations ($52,600)
Net income: ($92)
Item #9.6.

In this challenging period, the
Chamber is dedicated to helping
businesses recover and thrive
Chamber Board of Directors, 2022-23
Sandy Tucker (Chair) Next Home in the Valley
Eden Umble (Past-Chair) Individual member
Leonard LaBranche (Treas.) G&J Seiberlich & Co LLP, CPA’s Gianni Busato Beck & Taylor Realty
George Blanckensee Chateau Montelena Winery
Sasan Nayeri Evangeline Calistoga
Bobbi Frioli Brannan Center
Jenn Sloan Calistoga Living
Kelly Nelson Individual member
Claire Ducrocq Weinkauf Picayune Cellars & Mercantile
Debbie Lewis Dr. Wilkinson’s
Rick Kaiser Kaiser Family Winery
Item #9.6.