Agenda, regular meeting — Calistoga City Council, December 6, 2022 (part 2 of 2)

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OAK #4890-2776-373v1 (Rev. 9/2021)

7.4. No Assignment. The Services are deemed unique and neither party shall assign, transfer, subcontract or otherwise substitute its interest in this Agreement or any of its obligations hereunder without the prior written consent of the other party. As limited by this Section

7.2, this Agreement is to be binding on the successors and assigns of the parties hereto.

7.5. Severability. If any part of this Agreement is determined to be unconstitutional, invalid or beyond the authority of either party, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement can be interpreted to give effect to the intentions of the parties.

7.6. Counterparts. This Agreement may be signed in counterparts and, when fully signed, such counterparts shall have the same effect as if signed in one document.

7.7. Choice of Law. This Agreement and all matters relating to it shall be governed by the laws of the State of California without reference to its choice of laws principles and venue shall be in the appropriate court in Napa County, California.

7.8. Waiver. No failure on the part of either Party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder. A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other further breach.

7.9. Mediation. In the event the parties are unable to resolve a dispute arising under this Agreement through good faith negotiations, the parties agree to submit the matter to mediation with a mutually agreeable mediator. Prior to the mediation, the parties shall exchange any documents reasonably necessary to resolve the matter to be mediated.

7.10. Interpretation. In the event this Agreement is ever construed in any dispute between the parties, it and each of its provisions shall be construed without regard to the party or parties responsible for its preparation and shall be deemed to have been prepared jointly by the parties. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement.

7.11. Authority. Each individual executing this Agreement on behalf of one of the parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such party and that this Agreement is binding on such party in accordance with its terms.

7.12. Third Parties. Nothing contained in this Agreement shall create a contractual relationship with, or cause of action in favor of, a third party against either the CITY or CONSULTANT. CONSULTANT’s Services hereunder are being performed solely for the benefit of CITY. CITY shall be an express third-party beneficiary of all contracts between CONSULTANT and any subcontractors or subconsultants in connection with any services performed in connection with, or in furtherance of, this Agreement. [Signatures on Next Page]
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OAK #4890-2776-373v1 (Rev. 9/2021)
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.

CITY OF CALISTOGA
By: Date:

Laura Snideman, City Manager
CONSULTANT – M-Group
By: Date:

Attest
By:

Marni Rittburg, City Clerk
Approved As To Form
By:

Michelle Marchetta Kenyon, City Attorney
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OAK #4823-2508-6159 v2
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OAK #4823-2508-6159 v2

EXHIBIT B
Compensation
CITY shall pay CONSULTANT for the Services on a cost reimbursement basis, up to the Cost Ceiling (as defined in Section 2.1 of the Agreement). CONSULTANT agrees to use appropriate methods to contain its fees and costs under this Agreement. Compensation shall include only the following costs, which shall all count toward the Cost Ceiling:

2. Subconsultant Costs
Subconsultant services shall be billed at cost plus a 10 percent markup. CONSULTANT shall provide a copy of each subconsultant's invoice for which it seeks payment from CITY with any invoice in which such payment is requested.

3. Other Direct Costs
The following categories of costs are eligible for reimbursement, which shall be made at the actual cost to CONSULTANT without any additional mark-up:
a. Reasonable living and traveling expenses of employees when away from home office on business in its prosecution of the Services. CONSULTANT must have prior approval of CITY to be reimbursed for these expenses.
b. Automobile expenses for personal vehicle use, if necessary, at the IRS approved mileage rate.
c. Reproduction of drawings and specifications by CONSULTANT as required under this Agreement, at rates prevailing in this community for bulk reproduction or at other reasonable rates approved by CITY.
d. Special overnight delivery or messenger services.

Payments to CONSULTANT for reimbursable costs/expenses will be made only after the specific costs/expenses have been incurred and CONSULTANT has submitted substantiating documentation, such as copies of paid invoices or other documentation confirming that such costs/expenses have been incurred.

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a new design on urban planning
policy planning  urban design  environmental review  historic preservation  community engagement  staffing solutions m-group.us 499 Humboldt Street, Santa Rosa, CA 95404 707.570.0723 October 26, 2022
Jeff Mitchem, Planning & Building Director
City of Calistoga
Planning & Building Department
1232 Washington Street
Calistoga, CA 94515
Subject: Proposal to Provide CEQA Services for the Kortum Ranch Development Project Metropolitan Planning Group (M-Group) is pleased to submit our proposal to provide California Environmental Quality Act (CEQA) services for the proposed Kortum Ranch Development Project located at 500 Kortum Canyon Road (APN 011-290-007, 011-290-038, 011-290-039, and 011-310-023) in the City of Calistoga, Napa County, California.

This proposal presents our project team, scope of work, and approach to fulfill requirements under CEQA. Based on our understanding of the project and latest regulatory conditions, environmental review is expected to culminate in an Environmental Impact Report (EIR).

M-Group has relevant project experience having completed environmental review for numerous residential subdivision projects throughout the Bay Area region including within the City of Calistoga.

We understand the primary concerns related to residential development including growth inducement, traffic congestion, and development in areas subject to wildfire. We are able to anticipate regulatory agency concerns and have successfully carried out early consultation to ensure that resources are protected, and mitigation is feasible and effective. Additionally, we are familiar with local considerations in the City of Calistoga given that M-Group completed environmental review for a gas station, convenience store, restaurant and car wash project in 2018, the Veranda at Indian Springs project in 2020, 2008 Grant Street in 2022, and our active CEQA contracts for the expansion of the Crystal Geyser facility and the 2023 – 2031 Housing Element Update. Below is a summary of our understanding of the project, scope of work, timeline, and budget estimate.

We appreciate the opportunity to submit a proposal for the Kortum Ranch project and look forward to continuing to provide environmental services to the City of Calistoga. We trust that information contained herein is sufficient for the City’s purposes in evaluating this proposal. Should any additional information, qualifications or references be necessary, they can be provided upon request. Our proposal is good for up to 90 days from time of submittal. Please do not hesitate to contact us should you have any questions.

Sincerely,

OLIVIA ERVIN
Principal Environmental Planner
[email protected]
707.570.0723 x 202
EXHIBIT A of
ATTACHMENT 2
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Attachments
A. Proposal for Air Quality, Health Risk Assessment, GHG Assessment/ Noise (Illingworth & Rodkin) B. Proposal for Biological Resources Assessment Peer Review (Monk & Associates) C. Proposal for Traffic Impact Study and VMT Assessment (W-Trans) D. Proposal to peer review the Wildfire Risk Management and Evacuation Plan (Wildfire DefenseWorks)
E. Proposed Budget
F. M-Group Staff Resumes
G. Subconsultant Qualifications
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PROJECT UNDERSTANDING
The project, known as the Kortum Ranch Development, proposes 23 new single-family homes on an approximately 50-acre site located at 500 Kortum Canyon Road. The site was previously developed as the Busk Estate, which contained over 15 buildings and structures including a single-family home, apartment building, pool and cabana, four detached garages, out-buildings, and work and storage sheds. The site also contained many shipping containers, abandoned cars, trucks, tractors and construction equipment. In addition to its residential use, the Busk Estate served as a storage facility for construction materials, debris, large piles of reinforced concrete pipes, stacked piles of creosotesoaked railroad ties and telephone poles. The property was purchased by Kortum Ranch, LLC in December 2020. Upon acquisition, the property owner obtained a permit from the City of Calistoga to demolish and remove all structures and abandoned material.

The proposed subdivision will create 23 single family lots ranging from 0.40 to 18.40 acres. Of the 50 acres, approximately 7 acres will be improved, with approximately 43 acres remaining as undeveloped open space. Home sizes will range from approximately 2,500 to 4,500 square feet. Kortum Canyon Road and Terrace Drive will provide two points of access to and from the project site. As part of the project, the intersection of Foothill Boulevard and Kortum Canyon Road will be re-aligned, which will require review and approval by the California Department of Transportation (Caltrans).

The project site has existing utility and service system connections to City of Calistoga water that will serve the proposed development. An existing well will be utilized for landscape irrigation. Preliminary designs demonstrate that sewer connections will be provided via the existing system in Foothill Boulevard, both at Terrace Drive and Kortum Canyon Road. The project’s Fire, Water and Hydrant Plan calls for connection at the intersection of Kortum Canyon Drive and Foothill Boulevard, with a proposed pump house.

The project is subject to review and approval of a conditional use permit and tentative subdivision map. As discretionary entitlements are required, the project is subject to CEQA review. Required outside agency approvals are anticipated to be associated with the realignment of Foothill Blvd/Kortum Canyon Road (Caltrans). Other trustee or responsible state or federal agencies may also be identified through the CEQA process.

It is understood that the following information and technical studies have been or will be provided to the City by the applicant team and made available to M-Group:
• Arborist Report
• Cultural Resources Assessment
• Phase I Environmental Site Assessment
• Project Narrative
• Stormwater Control Plan
• Soils and Geotechnical Report
• SWPPP
• Tentative Map
• Water and Wastewater Capacity
• Visual Analysis
• Water and Wastewater Capacity Study*
• Wildfire Risk Management and
Evacuation Plan
* It is noted that the RFP requests that the consultant provide a Water and Wastewater Capacity Study, however, based on correspondence with the City of Calistoga, it is understood that the applicant will provide the analysis, or M-Group can solicit the services of a sub-consultant at a later date if it is determined the analysis is needed.

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The above materials are necessary to complete the environmental review analysis and are assumed to be prepared by qualified specialists using standard industry practice and adequate to support the environmental analysis.

Based on the project site location, scope of development, latest regulations regarding transportation/circulation (SB 743), and the site’s location within a very high fire hazard severity zone (VHFHSZ), M-Group is proposing preparation of an EIR. An EIR will provide the necessary level of environmental review to fully disclose potential impacts, inform the community and decision makers, and consider feasible alternatives that might further reduce or avoid potentially significant environmental impacts. An EIR provides the highest level of legal protection afforded under CEQA and is most likely to withstand a legal challenge.

PROJECT APPROACH

SCOPE OF WORK
The following provides our team’s scope of work to complete an EIR for the Kortum Ranch Development Project. M-Group is committed to working collaboratively with the City and, as appropriate, the applicant team to ensure that the environmental review for the project is completed to the City’s satisfaction.

TASK 1 KICK-OFF MEETING AND BACKGROUND RESEARCH
Upon project initiation, M-Group will facilitate a kick-off meeting with City staff and, as appropriate, the applicant team. At the kick-off meeting project goals will be identified, communication protocols discussed, and the scope of work confirmed including the project schedule, data needs, and technical studies to be prepared by M-Group’s sub-consultants and the applicant team. M-Group will also conduct a site visit and perform a full review of all available information on the project site and vicinity including photo documentation, a records search of relevant documents (the General Plan, Zoning Ordinance and others), the history and past uses of the site, and applicable regulations.

Task 1 Deliverables: Draft Kick-off Meeting Agenda, contact information, and preliminary schedule.

Memorandum summarizing the kickoff meeting and data needed to fill in any identified gaps, as applicable.

Results of background research will be integrated into the CEQA document.

TASK 2 DRAFT PROJECT DESCRIPTION
M-Group will prepare a CEQA-compliant project description and will provide a draft to the City and applicant team to confirm adequate scope and detail prior to initiating the environmental analysis.

The project description will describe the proposed project and include background and site history information, environmental and regulatory conditions, location graphics, and other pertinent project details. The whole of the project will be fully captured, including all on- and off-site improvements as well as any related activities. M-Group will secure confirmation that the project description has been prepared to the City’s satisfaction and fully reflects the applicant’s proposed project. Please note that Item #7.6.

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delays in providing comments on the Draft Project Description will cause delays in the overall project timeline.

Task 2 Deliverable: Electronic version of the Administrative Draft Project Description.

TASK 3 INITIAL STUDY (IS), NOTICE OF PREPARATION (NOP), AND SCOPING MEETING As part of this task, M-Group will prepare the Initial Study (IS) and Notice of Preparation (NOP) in accordance with CEQA Guidelines Section 15082 for the City’s review and acceptance.

Task 3.1 Initial Study
The IS will identify and analyze the potential environmental impacts of the project. The information and analysis will be organized in accordance with Appendix G of the CEQA Guidelines.

Task 3.2 Notice of Preparation and Scoping Meeting
The NOP will briefly describe the project and the environmental topics to be analyzed in the EIR. MGroup will facilitate the NOP scoping meeting, which will occur during the 30-day review period for the NOP. Following the NOP scoping meeting, M-Group will prepare a scoping summary memo to document comments received and ensure each comment is addressed in the EIR.

M-Group will assist the City in preparing a project mailing list for all noticing and assumes that the City will maintain a list of interested parties, stakeholders and commenting agencies throughout the EIR process. The City will be responsible for posting to the City’s website. M-Group will file the NOP with the County Clerk and with the SCH.

Task 3.1 and 3.2 Deliverables: Electronic files (word and pdf) of the Draft and Final IS and NOP, materials for the scoping meeting, and a scoping summary memo.

TASK 4 Technical Studies
M-Group, in collaboration with our partners, will conduct the following tasks:

Task 4.1 Air Quality, Health Risk, Greenhouse Gas, and Noise Assessment (Illingworth & Rodkin) Illingworth & Rodkin (I&R) will prepare an Air Quality, Health Risk, and Greenhouse Gas Assessment to evaluate impacts resulting from construction of the project. The Air Quality analysis will utilize the California Emissions Estimator Model (CalEEMod) to estimate construction-related air quality emissions. A Health Risk Assessment will also be prepared that evaluates construction community risk. Based on the size and residential nature of the project, operational-related risks will be assessed qualitatively. Significance thresholds will be based on the latest recommended thresholds by the Bay Area Air Quality Management District (BAAQMD), as presented in the 2017 CEQA Air Quality Guidelines. The analysis will utilize new guidance issued by BAAQMD for evaluating GHG impacts, which requires projects to meet certain thresholds to be consistent with State plans to achieve a 40 percent reduction in GHG emissions compared to 1990 levels by 2030 and be consistent with State measures to achieve a pathway to carbon neutrality beyond 2040.

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I&R will also prepare a Noise and Vibration Assessment for the project. The assessment will quantify existing conditions, calculate construction and operational noise and vibration levels, assess impacts of the project, and recommend control measures to reduce any potential impacts.

This task will inform several chapters of the EIR including Air Quality, Greenhouse Gas Emissions, Energy, and Noise. Illingworth & Rodkin’s proposal is included in full in Attachment A.

Task 4.2 Biological Resources Analysis (Monk & Associates) Monk & Associates (M&A) will prepare a Biological Resources Analysis to analyze impacts to biological resources resulting from the project. M&A will review available literature and perform a site visit to characterize biological resources onsite and in the immediate vicinity including waters of the State/United States, vegetation communities, and special status plant and wildlife species.

Information provided in the Analysis will inform the biological resources chapter of the EIR, mitigation measures, and alternatives analysis. M&A’s proposal is included in full in Attachment B.

Task 4.3 Transportation Impact Analysis and VMT Assessment (W-Trans) W-Trans will prepare a comprehensive Transportation Impact Analysis to evaluate the adequacy of facilities for pedestrians, bicyclists, and transit riders, assess impacts related to vehicle miles traveled (VMT), identify any improvements needed at the project driveway to accommodate project-generated traffic, the need for turn lanes adequacy of emergency access and the project’s potential impact on emergency response times, and the project’s potential effect on traffic operation. W-Trans’ proposal is included in full in Attachment C.

Task 4.4 Wildfire Risk Management and Evacuation Plan Peer Review (Wildfire DefenseWorks) M-Group’s team includes David Shew, a wildfire specialist formerly with CAL FIRE to provide a peer review of the Wildfire Risk Management and Evacuation Plan to be prepared by the applicant. The peer review memo will provide recommendations on best practices to address wildfire concerns associated with the proposed subdivision and the evolving regulations given the extreme fire events that have occurred annually throughout California and within Napa County including the Tubbs fire (2017) and the Glass fire (2020). The Wildfire Risk Management and Evacuation Plan, along with the peer review memo will inform the wildfire chapter of the EIR. Wildfire DefenseWorks’ proposal is included in full in Attachment D.

Task 4.5 Review Technical Studies (M-Group)
M-Group will review all technical studies, including those submitted by the applicant team to ensure that the analyses are adequate for CEQA purposes, that conclusions rely on sound assumptions, and that appropriate methodology is utilized. As needed, M-Group will provide recommendations to ensure that all technical studies are clear and accurate, and that conclusions can be substantiated. MGroup will integrate results of the technical studies into the CEQA analysis.

Tasks 4.1 to 4.5 Deliverables: Technical Studies will be appended to the DEIR to support findings.

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TASK 5 DRAFT ENVIRONMENTAL IMPACT REPORT (DEIR)
Following release of the NOP, M-Group will initiate preparation of an Administrative Draft EIR (DEIR).

The Administrative DEIR will identify project objectives, evaluate the potentially significant adverse effects of the project, and analyze feasible alternatives. The DEIR will include the following items:
• Executive Summary
• Introduction with graphics and detailed project description • Environmental Setting/Context
• Environmental Evaluation
• Cumulative Impacts
• Project Alternatives
• Significant and Unavoidable Impacts (as applicable)
• Bibliography and References
The Administrative DEIR will be provided electronically to the City for review and comment. The City will review and provide consolidated comments on the Administrative DEIR. M-Group will prepare a Screencheck DEIR that responds to City comments for a pre-publication review. Upon confirmation that all comments on the Screencheck DEIR have been addressed to the City’s satisfaction, the Public Draft EIR will be assembled and released for at least a 45-day public comment period. M-Group will prepare CEQA notices including a Notice of Availability (NOA) and Notice of Completion (NOC). It is understood that the City of Calistoga will complete all local postings and publications. M-Group will circulate the DEIR to the SCH for distribution to State regulatory agencies.

Task 5 Deliverables: The Administrative DEIR and Screencheck DEIR will be provided electronically. An electronic copy of the Public DEIR, all references, resources and materials cited will be provided to the City.

M-Group will prepare and submit the DEIR to the SCH.

TASK 6 FINAL ENVIRONMENTAL IMPACT REPORT (FEIR)
Following the public comment period on the DEIR, M-Group will prepare the Administrative Final EIR (FEIR) responding to all comments received. It is assumed that the City will assemble and provide MGroup with all public comments on the DEIR. Depending on the type of comments received, a Master Response approach may be employed. This scope assumes five comment letters of normal detail (2- 3 pages in length). Comments in excess of these assumptions will be considered outside of this scope of work and cost estimate and an augment will be required. This scope assumes that no new technical analyses or field work will be necessary to respond to comments.

M-Group will provide the City with an Administrative FEIR, including the Mitigation Monitoring and Reporting Program (MMRP) for review and comment. The City will provide M-Group with a comprehensive redline of staff’s comments on the administrative draft FEIR. A Screencheck FEIR will be prepared addressing City comments. Once comments on the Administrative FEIR have been addressed to the City’s satisfaction, M-Group will prepare the Public FEIR for circulation.

Task 5 Deliverables: Electronic versions (Word and PDF) of the response to comments document, electronic file containing all comment letters, and any additional references cited. The Administrative, Screencheck FEIR, and Public FEIR will be provided electronically.

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Task 6.1 Findings of Fact and Statement of Overriding Considerations (as necessary) M-Group will provide draft findings of fact for use by the City to support certification of the EIR. If the EIR concludes that project impacts cannot be mitigated to levels below significance, and would result in a significant and unavoidable impact, M-Group will also prepare a statement of overriding considerations.

Task 6.1 Deliverables: Electronic versions (Word and PDF) of findings and statement of overriding considerations (as warranted).

TASK 7 PUBLIC HEARINGS AND CEQA NOTICES
Our scope provides for attendance at up to five public hearings (assumed to be one scoping meeting, two Planning Commission meetings, and two City Council meetings) to assist staff with presentations, and respond to environmental questions. Additional public meetings will be charged on an hourly basis as needed. M-Group will provide support to planning staff for reports, presentations, and materials presented to the public and decision makers relating to the environmental review and findings. M-Group will assist the City in preparing and filing CEQA notices (Notice of Completion/Notice of Availability, Notice of Intent to Adopt, and Notice of Public Hearing) with the County Clerk and SCH.

Following certification of the Final EIR, M-Group will assist the City in preparing and filing a Notice of Determination (NOD). A County Clerk filing fee of $50 and a California Department of Fish and Wildlife (CDFW) filing fee of $3,539.25 will be required at the time of filing the NOD (CDFW fee is subject to change). This fee is not included in our proposal costs and will be requested upon certification of the EIR.

Task 7 Deliverables: Environmental materials to support staff reports and public hearings; and a Draft Notice of Determination for filing with the County Clerk and SCH.

TASK 8 PROJECT MANAGEMENT AND COORDINATION
M-Group staff will be available throughout the environmental review process to correspond with City staff and/or the applicant team, as appropriate. Krystle Rizzi will serve as the Project Manager and will be the primary point of contact for the City. She will provide routine updates on progress and oversee coordination of the environmental team. This task includes remote check-ins, progress updates, coordination, and general correspondence over the course of the project.

Task 8 Deliverables: Bi-weekly status updates (via email or conference call) to keep the City informed of project progress. Monthly invoicing will include a progress memo identifying tasks completed and forthcoming tasks.

SCHEDULE AND MILESTONES
The following schedule assumes project initiation will be December 2022 and assumes a 12-month period to complete the EIR. Please note that Tasks 6 (FEIR) and 7 (Public Hearings and CEQA Notices) are identified as to be determined (TBD) as preparation of and hearings on the FEIR will be contingent on publication of the DEIR. Target dates will be discussed during the project kick-off meeting and Item #7.6.

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periodically updated throughout preparation of the EIR in coordination with city staff to reflect the project in real-time.

TASK/DELIVERABLE TARGET DATES
TASK 1 KICK-OFF AND BACKGROUND RESEARCH
Notice to Proceed to Subs December 2022
Kick-off Meeting December 2022
TASK 2 DRAFT PROJECT DESCRIPTION
Admin Draft Project Description December 2022 – January 2023 City Review of Admin Draft Project Description January 2023 TASK 3 INITIAL STUDY (IS), NOTICE OF PREPARATION (NOP), AND SCOPING MEETING Draft NOP and IS January 2023
City Review of NOP and IS January 2023
Final NOP and IS February 2023
NOP and IS Filing with County Clerk and SCH (City) February 2023 NOP and IS 30-day Review Period February – March 2023
Scoping Meeting March 2023
Scoping Summary Memo (M-Group) March 2023
TASK 4 TECHNICAL STUDIES
Air Quality, GHG, Community Health Risk, and Noise
Assessments (I&R) February – March 2023
Biological Resources Analysis (M&A) February – March 2023 Traffic Impact Analysis (W-Trans) February – March 2023 Wildfire Risk Management and Evacuation Plan Peer
Review (Wildfire DefenseWorks)
TBD pending receipt of applicantprepared Plan
Technical Study Review (M-Group) TBD
TASK 5 DRAFT ENVIRONMENTAL IMPACT REPORT (DEIR)
Admin Draft EIR April - May 2023
City Review of Admin Draft EIR May – June 2023
Screencheck Draft EIR June – July 2023
Public Review Draft EIR August 2023
Draft CEQA Notices (NOA/NOC) August 2023
City Review of Draft CEQA Notices August 2023
Publish Draft EIR with County Clerk and SCH August – September 2023 TASK 6 FINAL ENVIRONMENTAL IMPACT REPORT (FEIR)
Admin Draft Final EIR (Response to Comments,
MMRP, and any required revisions to the EIR)
TBD
City Review of Admin Draft Final EIR TBD
Admin Draft Findings of Fact and Statement of
Overriding Considerations (if applicable)
TBD
City Review of Admin Draft Findings of
Fact/Statement of Overriding Considerations (if
applicable)
TBD
Finalize Findings of Fact and Statement of Overriding
Considerations (if applicable)
TBD
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TASK/DELIVERABLE TARGET DATES
Public Review Final EIR TBD
TASK 7 PUBLIC HEARINGS AND CEQA NOTICES
Planning Commission Hearing 1 TBD
City Council Hearing 1 TBD
Planning Commission Hearing 2 TBD
City Council Hearing 2 TBD
File Notices with County Clerk (City) TBD
File Notices with State Clearinghouse (M-Group) TBD
Task 8: PROJECT MANAGEMENT AND COORDINATION
Meetings, phone calls, file management, etc. Ongoing

ASSUMPTIONS

1. M-Group will coordinate with the City to ensure that any records and past reports relevant to the subject site including previous environmental review documents and any technical reports, etc., are obtained and referenced.

2. M-Group will coordinate directly with appropriate City departments and/or through the Planning and Building Department to ensure that any considerations associated with emergency vehicle access, police protection, and infrastructure capacity are incorporated into the environmental review.

3. M-Group’s team will be granted access to the project site in timely manner to carry out necessary fieldwork and data collection.

4. The scope of work assumes that no technical analysis beyond those recommended herein will be warranted. If during the course of analyses, it is determined that further technical reports are needed, a budget adjustment will be required.

5. M-Group will coordinate directly with City staff to ensure effective and seamless review of deliverables throughout preparation, drafting and finalization.

6. City staff will provide comments on administrative draft deliverables in one consolidated document using the track changes function in word.

7. City staff will authorize M-Group to submit the documents to the State Clearinghouse.

8. City staff will assemble and provide M-Group with all comments received during the public comment period to M-Group.

9. City staff will work with the applicant to obtain all appropriate filing fees.

10. M-Group will provide draft and final materials electronically to the City.

11. Invoices will be provided monthly and be based upon the percentage of task completion.

12. Unexpected issues out of scope (such as the need to prepare an environmental impact report in lieu of preparing an Initial Study to support a negative declaration) or extended timelines out of the control of M-Group may necessitate a scope and budget augment.

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13. Acquisition of any required regulatory agency permits, approvals, or certification is not provided for in this scope of work.

14. The proposed schedule assumes prompt responses from the City and applicant team on data needs and information requests.

15. The proposed budget assumes the submission of five comments letters on the DEIR during the public comment period. If the number of comment letters exceeds this amount, a scope and budget adjustment may be required.

16. Unexpected delays or high levels of controversy and public comments will result in a cost increases and would need to be addressed at the appropriate time.

COST PROPOSAL
Based on the tasks identified above and inclusive of our team of specialists, we anticipate a not to exceed budget of $205,540 (including a 10% contingency). Our cost proposal excludes the Fish and Wildlife filing fee required for filing the Notice of Determination with the County Clerk and excludes all regulatory permits that will be required following completion of the City’s CEQA process.

Unexpected delays or high levels of controversy and public comments will result in a cost increase and would need to be addressed at the appropriate time. Our detailed cost proposal is included as Attachment E. It is understood that the project specific contract will be on the total not to exceed budget amount. M-Group will bill the City by percent complete on a monthly basis.

QUALIFICATIONS

PROJECT TEAM
M-Group’s environmental team is experienced in preparing CEQA documentation for a variety of development projects. We will utilize the skills and expertise of our environmental planning staff and subconsultants, with whom we routinely partner. Olivia Ervin, Principal, will provide oversight to the environmental contract and will serve as advising Principal Environmental Planner. Krystle Rizzi, Senior Planner, will serve as Project Manager and oversee preparation of the environmental review and analysis including review and integration of technical studies. Additionally, Associate level planners will be available to aid with research, prepare graphics, and provide support in preparing the CEQA analysis. Full resumes for Olivia and Krystle are provided in Attachment F.

OLIVIA ERVIN | PRINCIPAL IN CHARGE ENVIRONMENTAL PLANNER Olivia has a strong background in environmental planning with over 14 years of experience. Her hands-on management style, ability to navigate political situations and to work with a wide range of groups, commissions, committees, and organizations provides leadership that ensures successful project implementation. She has assisted multiple jurisdictions with environmental review of mixeduse projects, residential development, business and office park, and industrial projects. In addition to land use and development projects, Olivia has also managed public infrastructure projects including roadway widening, bridges, flood control projects and water supply planning. She is well-versed in the Item #7.6.

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ATTACHMENT E
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City of Calistoga
Kortum Ranch Development Project
Principal-InChargeProject
Manager
Senior
Planner
Associate
Planner
Assistant
Planner
Hourly Billing Rate $225 $165 $145 $125 $95
TASK 1: KICK OFF MEETING AND BACKGROUND RESEARCH
Kick-Off Meeting and Site Visit 2 4 0 0 0 6 $1,110
Background Research 2 6 0 0 0 8 $1,440
Task 1 Subtotal: 4 10 0 0 0 14 $2,550
TASK 2: DRAFT PROJECT DESCRIPTION
Prepare Project Description 1 6 2 10 0 19 $2,755
Task 2 Subtotal: 1 6 2 10 0 19 $2,755
TASK 3: IS, NOP, AND SCOPING MEETING
Prepare Initial Study 4 20 4 20 0 48 $7,280
Prepare Notice of Preparation 1 2 6 4 0 13 $1,925
Prepare for and Attend Public Scoping Meeting 1 4 2 0 0 7 $1,175 Task 3 Subtotal: 6 26 12 24 0 68 $10,380
TASK 4: TECHNICAL STUDIES
Review Draft Technical Studies (Subtask 4.5) 0 8 4 0 0 12 $1,900 Task 4 Subtotal: 0 8 4 0 0 12 $1,900
TASK 5: DRAFT EIR
Introduction / Executive Summary 0 2 4 2 0 8 $1,160
Other CEQA Topics 0 2 4 2 0 8 $1,160
Alternatives Analysis 0 8 4 4 0 16 $2,400
Quality Assurance/Quality Assurance Review 10 16 10 0 0 36 $6,340 Prepare Administrative Draft EIR 10 55 83 106 0 254 $36,610 Prepare Screencheck Draft EIR 2 8 4 10 0 24 $3,600
Prepare Public Review Draft EIR 2 8 4 10 0 24 $3,600
Prepare Notices and Circulate to the State Clearinghouse 4 0 0 4 0 8 $1,400 Task 5 Subtotal: 28 126 174 236 0 564 $81,820
TASK 6: FINAL EIR
Catalog Comment Letters 0 2 4 8 0 14 $1,910
Prepare Administrative Draft Final EIR 2 12 8 20 4 46 $6,470 Prepare MMRP 0 2 4 8 0 14 $1,910
Prepare Final EIR 1 2 4 8 2 17 $2,325
Prepare Findings of Fact 1 4 6 0 0 11 $1,755
Prepare Statement of Overriding Considerations 2 4 10 0 0 16 $2,560 Task 6 Subtotal: 6 26 36 44 6 118 $16,930
TASK 7: PUBLIC HEARINGS AND CEQA NOTICES
Prepare for and Attend Planning Commission Meeting (2) 10 10 0 0 0 20 $3,900 Prepare for and Attend City Council Meeting (2) 10 10 0 0 0 20 $3,900 File the Notice of Determination 0 0 0 0 0 0 $0
Task 7 Subtotal: 20 20 0 0 0 40 $7,800
TASK 8: PROJECT MANAGEMENT AND COORDINATION
Management and Coordination 10 40 10 0 0 60 $10,300
Task 8 Subtotal: 10 40 10 0 0 60 $10,300
Project Subtotal (hours + budget) 75 262 238 314 6 895 $134,435 Direct Costs (Supplies, Printing, Mailing and Mileage) $2,500 10% Contingency Costs $13,444
M-Group Total $150,379
SUBCONSULTANT TECHNICAL STUDIES (Includes M-Group Administration Fee) Total Cost Task 4.1 Illingworth & Rodkin Air Quality, Health Risk, Greenhouse Gas, and Noise Assessment $16,400 $18,040 Task 4.2 Monk & Associates Biological Resources Analysis $12,597 $13,856 Task 4.3 W-Trans Transportation Impact Analysis $15,650 $17,215 Task 4.4 Wildfire DefenseWorks Wildfire Risk Management and Evacuation Plan Peer Review $5,500 $6,050 Subconsultant Subtotal: $55,161
Project Total $205,540
NOTES
1 2
3 Travel time and expenses have been factored into the budget. 4 10/26/2022
M-Group reserves the right to re-allocate hours within M-Group to complete the tasks, as necessary, but within the total budget.

Cost Proposal is for a Not-to-exceed Contract with monthly invoicing based on task completion.

Task Number / Description M-Group
Hours
Task
Subtotals
Use of the Contingency will require City approval.

Item #7.6.

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City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Rachel Melick, Parks & Recreation Director
Meeting: City Council - Dec 06 2022
Subject: Awards Need's Assessment Survey Contract
DESCRIPTION:

Consider adopting a Resolution authorizing the City of Calistoga to execute a professional service agreement with Godbe Research for a parks and recreation need's assessment survey.

RECOMMENDATION:

Adopt Resolution.

BACKGROUND/SUMMARY:

During the 2022 budget cycle the Parks and Recreation Department identified a need to identify current and future recreational needs and interests; a needs assessment would identify existing gaps in programs, services, and develop short term, mid-term, and long term recommendations that address deficiencies and service delivery. Through a recreational needs assessment the department is aiming to identify trends and the impact they will have on the demand and delivery of recreation services. In order to complete a needs assessment it was determined that a statistically valid survey delivered by telephone and email would achieve these desired results.

The department engaged Godbe Research(GODBE); Corey, Canapary, & Galinis; and Fairbank(COREY), Maslin, Maullin, Metz & Associates; and received two quotes and one nonresponse. Upon reviewing the quotes and scope of the work the department is recommending the contract be awarded to Godbe. Godbe takes a more scientific quantitative approach in delivering the survey which will give a statistically valid report on needs in the community. Godbe recommended a survey that was longer in length versus the shorter survey recommended by Corey. Godbe will be able to incorporate some quality of life, taxpayer/budgeting, and high level satisfaction questions and topics for 2022 which would allow the city to establish a baseline for a future biennial survey. Godbe noted, given that the demographics section of the survey will take 5-minutes to administer, a survey of less than 18-minutes in length (e.g., 10 to 15-minutes) would not be sufficient to capture the substantive data needs of the survey process as well the mandatory demographic questions needed to ensure statistical validity and demographic representation among Calistoga residents. A 22 to 25- minute survey length is also recommended for this specific project to be able to set a baseline for the City in terms of high level questions (e.g. quality of life, overall satisfaction, satisfaction with the City’s financial situation, satisfaction with the how the City spends taxpayer dollars, etc.) which would set the stage for a later survey to track the results of the 2022/23 survey as well as the parks and recreation specific topics unique to the 2022/23 survey process.

The cost to use Godbe is $30,375 for a proposed 25 minutes and includes conducting the phone survey in Spanish and would be adjusted to a lower price if the survey length is shorter; whereas Corey is $40,000. Godbe has been employed by public and private sector clients, throughout the Item #7.7.

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United States and internationally, and the combined expertise of the Godbe team spans over 50 years in the field of public opinion research and has conducted almost 3,000 research projects for local government.

CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:

The recommended action conforms to Council Goal 4: Expand and improve recreational facilities, Objective 1: Provide diverse and affordable recreational programs, including senior fitness.

Collaborate with other agencies and groups to achieve this objective.

CEQA STATUS:

None
FINANCIAL IMPACT:

The total not to exceed amount for creation and delivery of survey and subsequent report is not to exceed $30,375 which will be funded from account number 01-4152-4402.

ATTACHMENT(S):

ATTACH 1 - Godbe Resolution
CALISTOGA Consultant Services Agreement GODBE Research
APPROVAL(S):

Laura Snideman, City Manager Approved - Nov 28 2022
Marni Rittburg, City Clerk Approved - Nov 29 2022
Item #7.7.

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RESOLUTION NO. 2022-XXX

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

NAPA, STATE OF CALIFORNIA, AWARDING A SERVICE AGREEMENT TO GODBE RESEARCH IN AN AMOUNT NOT TO EXCEED $30,375 FOR DEVELOPING AND

DELIVERING A RECREATION NEEDS ASSESSMENT SURVEY AND REPORT AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT
WHEREAS, the Calistoga Parks and Recreation Department identified the need to identify current and future recreational needs and interests; and WHEREAS, the project is exempt from the provisions of the California Environmental Quality Act pursuant to Title 14, the California Code of Regulations, Section 15303(c); and; and
WHEREAS, Staff solicited bids from two companies; and
WHEREAS, the cost to use Godbe Research would not exceed $30,375 and the cost to use Corey, Canapary, & Galinis is $40,000; and
WHEREAS, Godbe has been employed by public and private sector clients, throughout the United States and internationally, and the combined expertise of the Godbe team spans over 50 years in the field of public opinion research and has conducted almost 3,000 research projects for local government; and WHEREAS, Staff recommends that the city enter into a professional service agreement with Godbe Research to deliver a community recreation needs assessment survey in an amount not to exceed $30,375.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Calistoga as follows:

Authorizes the City Manager to execute an agreement with Godbe Research for a community recreation needs assessment in an amount not to exceed $30,375.

PASSED, APPROVED AND ADOPTED this 6
th day of December, 2022. I,

MARNI RITTBURG, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:
____________________________ __________________________ Marni Rittburg, City Clerk Chris Canning, Mayor
ATTACHMENT 1 Item #7.7.

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OAK #4890-2776-3737v1 (Rev. 9/2021)

AGREEMENT FOR CONSULTANT SERVICES
This Agreement for Consultant Services (the "Agreement") is made and entered into this sixth day of December, 2022, by and between THE CITY OF CALISTOGA, a municipal corporation (hereinafter referred to as "CITY") and Godbe Corporation, DBA: Godbe Research (hereinafter referred to as "CONSULTANT"). CITY and CONSULTANT may be referred to individually as “Party” and collectively as the “Parties.”

RECITALS
WHEREAS, CITY requires a community survey services in connection with the Parks and Recreation Community Needs Assessment;
WHEREAS, CONSULTANT is qualified to perform such services; and WHEREAS, CONSULTANT has agreed to provide CITY with such services on the terms and conditions set forth herein.

NOW, THEREFORE, for the considerations hereinafter set forth, CONSULTANT and CITY agree as follows:

ARTICLE 1 - SCOPE OF SERVICES

1.1. Scope of Work. CONSULTANT agrees to furnish the services set forth in Exhibit A, Scope of Work, which is attached hereto and incorporated herein (the "Services").

1.2. Compliance with Law. The Services shall be performed in accordance with all applicable federal, state and local laws, ordinances, rules, regulations and orders.

1.3. Time is of the Essence. CONSULTANT agrees to diligently prosecute the Services. In the performance of this Agreement, time is of the essence.

1.4. Professional Competence. CONSULTANT represents that it has the professional skills necessary to perform the Services and that it will perform the Services in a skillful and professional manner. CONSULTANT represents that it has all the necessary licenses to perform the Services and shall maintain them throughout the term of this Agreement.

CONSULTANT agrees that the Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged, in the same or similar geographical area in which CONSULTANT practices its profession, and will prepare all work products required by this Agreement in accordance with such standards. CITY and CONSULTANT agree that CONSULTANT is in responsible charge of the Services and CITY shall have no control over the method or means of performance of the Services. Acceptance by CITY of the Services does not operate as a release of CONSULTANT from professional responsibility for the Services performed.

Item #7.7.

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1.5. Independent Contractor. CONSULTANT is an independent contractor and not an employee of CITY. CONSULTANT expressly warrants that it will not represent that it is an employee of CITY. Persons employed or utilized by CONSULTANT in the performance of the Services will not be employees or agents of CITY. CONSULTANT is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

1.6. Confidentiality. CONSULTANT agrees to maintain in confidence and not disclose to any person, firm, governmental entity, or corporation, without CITY's prior written consent, any trade secret or confidential information, knowledge or data relating to the products, process, or operation of CITY. CONSULTANT further agrees to maintain in confidence and not to disclose to any person, firm, governmental entity, or corporation any data, information, technology, or material developed or obtained by CONSULTANT during the performance of the Services. The covenants contained in this Section 1.6 shall survive the termination of this Agreement for whatever cause.

1.7. Ownership of Material. Any reports and other material prepared by or on behalf of CONSULTANT under this Agreement (collectively, the "Documents") shall be and remain the property of CITY. All Documents not already provided to CITY shall be delivered to CITY on the date of termination of this Agreement for any reason. The Documents may be used by CITY and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes CITY may deem appropriate without further employment of or payment of any compensation to CONSULTANT.

1.8. Documentation. CONSULTANT shall keep and maintain full and complete documentation and accounting records, employee time sheets, and correspondence pertaining to the performance of the Services, and CONSULTANT shall make such documents available for review and/or audit by CITY and CITY's representatives at all reasonable times for at least four years after the termination of this Agreement or completion of the Services.

1.9. Testimony. CONSULTANT agrees to testify at CITY's request if litigation is brought against CITY in connection with the Services. Unless the action is brought by CONSULTANT or is based upon CONSULTANT's negligence, CITY will compensate CONSULTANT for the preparation and the testimony at CONSULTANT's standard hourly rates.

ARTICLE 2 - COMPENSATION

2.1. Compensation. Compensation for the Services shall be in accordance with Exhibit B, Compensation, attached hereto and incorporated herein. It is agreed that the compensation for the Services shall not exceed $ 30,375.00 ("Cost Ceiling").

2.2. Invoices. CONSULTANT shall submit monthly invoices in a form satisfactory to CITY on or before the tenth day of each month for Services provided during the preceding month. CONSULTANT shall submit time and cost records as necessary to substantiate performance of the Services. Within 35 days after receipt of each such invoice, CITY Item #7.7.

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shall verify the accuracy of the invoice, correct the charges where appropriate and as discussed and mutually agreed with CONSULTANT, and make payment to CONSULTANT in an amount equal to the amount of such invoice, as verified or corrected by CITY. No payment hereunder shall be construed as evidence of acceptance of any of CONSULTANT's work. CITY reserves the right to withhold payment from CONSULTANT on account of Services not performed satisfactorily, delays in CONSULTANT's performance of Services, or other defaults hereunder. CONSULTANT shall not stop or delay performance of the Services under this Agreement on account of payment disputes with CITY.

2.3. Status Reports. Together with each monthly invoice, CONSULTANT shall submit a status report detailing the amount expended on the Services to that date and the remaining amount to be expended before the Cost Ceiling is reached. CONSULTANT shall notify CITY in writing when payments have reached 90 percent of the Cost Ceiling.

2.4. Withholding. In lieu of holding retention, CITY shall withhold CONSULTANT's final payment until the Services are complete and CITY has received all Documents.

CONSULTANT shall diligently continue and complete performance of the Services if the Services are not complete at the time CONSULTANT has performed services up to the Cost Ceiling.

ARTICLE 3 - TIME OF PERFORMANCE

3.1. Effective Date. This Agreement shall become effective upon execution of the second signature and shall remain in full force and effect until the Services are completed (the "Term"). CONSULTANT agrees to complete all services by March 31, 2023.

3.2. Termination. This Agreement may be terminated at any time by CITY upon written notice to CONSULTANT.

3.3. Final Payment. CONSULTANT shall be entitled to compensation for Services performed up to the time of such termination, it being understood that any payments are full compensation for the Services rendered under this Agreement.

3.4. Other Remedies. Nothing in this Article 3 shall be deemed to limit the respective rights of the parties to terminate this Agreement for cause or otherwise to exercise any rights or pursue any remedies which may accrue to them.

ARTICLE 4 - DESIGNATED CONTACTS

4.1. CITY Contact. CITY designates Rachel Melick, its Parks and Recreation Director, as its contact who shall be responsible for administering and interpreting the terms and conditions of this Agreement, for matters relating to CONSULTANT's performance under this Agreement, and for liaison and coordination between CITY and CONSULTANT. In the event CITY wishes to make a change in CITY's representative, CITY will notify CONSULTANT of the change in writing.

Item #7.7.

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4.2. CONSULTANT Contact. CONSULTANT designates Charles Hester as its contact, who shall have immediate responsibility for the performance of the Services and for all matters relating to performance under this Agreement. Any change in CONSULTANT's designated contact shall be subject to written approval by CITY.

ARTICLE 5 - INDEMNIFICATION AND INSURANCE

5.1. Indemnification. CONSULTANT shall, to the fullest extent allowed by law, with respect to claims, liability, loss, damage, costs, or expenses, including reasonable attorney's and expert witness fees, awards, fines, penalties, or judgments, arising out of or relating to the Services (collectively "Claims"), defend, indemnify, and hold harmless CITY, its Officials, officers, employees and agents (the "CITY Parties"), except to the extent the Claims are attributable to CITY Parties' gross negligence or willful misconduct. CONSULTANT shall defend the CITY Parties as required by California Civil Code Section 2778, and with counsel reasonably acceptable to those parties.

CONSULTANT shall have no right to seek reimbursement from the CITY Parties for the costs of defense.

If CONSULTANT is a “design professional,” as defined in California Civil Code Section 2782.8(c), CONSULTANT shall indemnify, defend, and hold the Indemnitees harmless against Liability only to the extent such Liability arises out of, pertains to, or relates to CONSULTANT’s negligence, recklessness, or willful misconduct. In such an event, the cost to defend charged to CONSULTANT shall not exceed CONSULTANT’s proportionate percentage of fault.

The obligations contained in this Section 5.1 shall survive the termination of this Agreement for whatever cause for the full period of time allowed by law and shall not in any way be limited by the insurance requirements of this Agreement.

5.2. Health and Safety. CONSULTANT may perform part of the Services at sites which contain unknown working conditions and contaminated materials. CONSULTANT shall be solely responsible for the health and safety of CONSULTANT's employees during the performance of the Services.

5.3. Insurance. CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency shall procure, provide and maintain at all times during the performance of this Agreement, and for such additional periods as described herein, the insurance listed below with insurers licensed to do business in the State of California and with a Best's rating of no less than A:VII.

A. Commercial Automobile Liability Insurance. Commercial Automobile Liability Insurance providing bodily injury liability and property damage, to protect against all liability arising out of the use of any owned, leased, passenger or commercial automobile at a minimum amount of $1,000,000 combined single limit and $2,000,000 aggregate. Coverage shall apply to hired and non-owned autos.

Item #7.7.

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B. Commercial General Liability Insurance. Commercial General Liability Insurance, with limits providing a minimum amount of $1,000,000 combined single limit coverage for each occurrence, $2,000,000 general aggregate and $2,000,000 products/completed operations aggregate. The insurance shall cover all operations including but not limited to the following: (1) premises, operations and mobile equipment liability; (2) completed operations and products liability; (3) contractual liability insuring the obligations assumed by CONSULTANT in this Agreement; (4) broad form property damage liability; (5) personal injury liability endorsement, including death; and (6) automobile bodily injury and property damage insurance, including all owned, hired and non-owned equipment.

C. Professional Liability Insurance. Professional Liability Insurance protecting against liabilities arising out of or in connection with negligent acts, errors, or omissions of CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency in connection with this Agreement, at a minimum amount of $1,000,000 combined single limit coverage and $1,000,000 aggregate, on a "claims made basis" with a continuation of coverage extension for liabilities for two years from the date the Services are substantially complete. Such professional liability policies shall include coverage for liability assumed by the CONSULTANT under this Agreement.

D. Workers Compensation Insurance. Workers Compensation insurance, occupational disease insurance and employer’s liability insurance shall be required with minimum limits as required by law, covering all workplaces involved in this Agreement.

E. Sexual Abuse or Molestation (“SAM”) Liability: If the work will include contact with minors, and the Commercial General Liability policy under Section 5.3(B) is not endorsed to include affirmative coverage for sexual abuse or molestation, CONSULTANT shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim.

F. Policy Terms. Concurrently with execution of this Agreement, CONSULTANT shall provide CITY with Certificates of Insurance evidencing that CONSULTANT has obtained or maintains the insurance required by this Section

5.3. The Certificates shall be on forms acceptable to CITY. CONSULTANT shall also furnish CITY with original endorsements with the following documentation:
• Precluding cancellation or reduction in coverage before the expiration of thirty (30) days after CITY shall have received written notification thereof from CONSULTANT by United States mail;
• Providing that CONSULTANT's insurance shall apply separately to each insured against whom claim is made or suit is brought, and include a “separation of insureds” or “severability” clause which treats each insured separately, except with respect to the limits of the insurer's liability (cross-liability endorsement);
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• Excepting CONSULTANT’S professional liability insurance, naming CITY, its City Council, boards, commissions, committees, officers, employees and agents as additional insureds (“Additional Insureds”); and • Providing that for any claims relating to CONSULTANT's services hereunder, CONSULTANT's insurance coverage shall be primary insurance with respect to CITY, its City Council, boards, commissions, committees, officers, employees and agents, and that any insurance or self-insurance maintained by CITY for itself, its City Council, boards, commissions, committees, officers, employees and agents shall be in excess of CONSULTANT's insurance and shall not be contributory with it.
• It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverages requirements and/or limits shall be available to the Additional Insured, including but not limited to any umbrella or excess insurance.

Furthermore, the requirements for coverage and limits shall be the greater of:
(a) the minimum coverage and limits specified in this Agreement; or (b) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.

G. Waiver of Subrogation: CONSULTANT hereby grants to CITY a waiver of any right to subrogation which any insurer of said CONSULTANT may acquire against the CITY by virtue of the payment of any loss under such insurance.

CONSULTANT hereby agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. However, the Worker’s Compensation policy required by Section 5.3(D) of this Agreement shall be endorsed with a waiver of subrogation in favor of CITY for all work performed by CONSULTANT, its employees and/or agents.

H. Material Breach. If CONSULTANT fails to maintain insurance coverage or provided insurance documentation which is required pursuant to this Agreement, it shall be deemed a material breach of this Agreement. CITY, at its sole option, may terminate this Agreement and obtain damages from CONSULTANT resulting from said breach. Alternatively, CITY may purchase the required insurance coverage, and without further notice to CONSULTANT, may deduct from sums due to CONSULTANT any premium costs advanced by CITY for such insurance. These remedies shall be in addition to any other remedies available to CITY.

ARTICLE 6 - NOTICES
All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by facsimile or reputable overnight courier and shall be deemed received upon the earlier of: (1) if personally delivered, the date of delivery to the address of the person to receive such notice; (2) if delivered by Federal Express or other overnight courier for next business day delivery, the next business day; (3) if sent by facsimile, with the original sent on the same day by overnight courier, the date on which the facsimile is Item #7.7.

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received, provided it is before 5:00 P.M. Pacific Time; or (4) if sent electronically, the date of delivery on the confirmed read receipt. Notice of change of address shall be given by written notice in the manner described in this Article 6. Rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice or communication sent. Unless changed in accordance herewith, the addresses for notices given pursuant to this Agreement shall be as follows:

If to CITY: Laura Snideman, City Manager
1232 Washington Street
Calistoga, CA 94515
Email: [email protected]
Phone: 707-942-2806
If to CONSULTANT: Godbe Corporation -- DBA: Godbe Research 1220 Howard Avenue, Suite 250
Burlingame, CA 94010
phone 650-288-3020
fax 650-288-3003
email: [email protected]
ARTICLE 7 - MISCELLANEOUS

7.1. Conflict of Interest Prohibition. CITY and CONSULTANT will comply with the requirements of the CITY’s Conflict of Interest Code adopted pursuant to California Government Code §87300 et seq., the Political Reform Act (California Government Code §81000 et seq.), the regulations promulgated by the Fair Political Practices Commission (Title 2, §18110 et seq. of the California Code of Regulations), California Government Code §1090 et seq., and any other ethics laws applicable to the performance of the Services and/or this Agreement. CONSULTANT may be required to file with the CITY Clerk a completed Form 700 before commencing performance of the Services unless the CITY Clerk determines that completion of a Form 700 is not required, pursuant to CITY’s Conflict of Interest Code. Form 700 forms are available from the CITY Clerk.

CONSULTANT may not perform Services for any other person or entity that, pursuant to any applicable law or regulation, would result in a conflict of interest or would otherwise be prohibited with respect to CONSULTANT’s obligations pursuant to this Agreement.

CONSULTANT agrees to cooperate fully with CITY and to provide any necessary and appropriate information requested by CITY or any authorized representative concerning potential conflicts of interest or prohibitions concerning CONSULTANT’s obligations pursuant to this Agreement.

CONSULTANT may not employ any CITY official, officer or employee in the Item #7.7.

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performance of the Services, nor may any official, officer or employee of CITY have any financial interest in this Agreement that would violate California Government Code §1090 et seq. CONSULTANT hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of CITY. If CONSULTANT was an employee, agent, appointee, or official of CITY in the previous twelve months, CONSULTANT warrants that it did not participate in any manner in the forming of this Agreement. CONSULTANT understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and CONSULTANT will not be entitled to any compensation for CONSULTANT’s performance of the Services, including reimbursement of expenses, and CONSULTANT will be required to reimburse CITY for any sums paid to CONSULTANT under this Agreement. CONSULTANT understands that, in addition to the foregoing, penalties for violating Government Code §1090 may include criminal prosecution and disqualification from holding public office in the State of California.

Any violation by CONSULTANT of the requirements of this provision will constitute a material breach of this Agreement, and the CITY reserves all its rights and remedies at law and equity concerning any such violations.

7.2. Subcontracting. CONSULTANT may subcontract portions of the Services upon the prior written approval of CITY. CONSULTANT will be solely responsible for payment of such subcontract Services. No contractual relationship will exist between any such subcontractors of CONSULTANT and CITY. CONSULTANT’s subcontractors agree to be bound to CONSULTANT and CITY in the same manner and to the same extent as CONSULTANT is bound to CITY under the Agreement. CONSULTANT’s subcontractors further agree to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, with any subsubcontractor to the extent they apply to the scope of the sub-subcontractor’s work. A copy of the CITY indemnity and insurance provisions will be furnished to CONSULTANT’s subcontractors upon request.

7.3. Entire Agreement. This Agreement represents the entire understanding of CITY and CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may only be modified by an amendment in writing signed by each party.

7.2, this Agreement is to be binding on the successors and assigns of the parties hereto.

Item #7.7.

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7.6. Counterparts. This Agreement may be signed in counterparts and, when fully signed, such counterparts shall have the same effect as if signed in one document.

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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.

CITY OF CALISTOGA
By: Date:

Laura Snideman, City Manager

CONSULTANT
By: Date:

By: Date:

Attest
By:

Marni Rittburg, City Clerk
Approved As To Form
By:

Michelle Marchetta Kenyon, City Attorney
Item #7.7.

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OAK #4823-2508-6159 v2

EXHIBIT A

SCOPE OF WORK
Item #7.7.

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City of Calistoga
Proposal to Conduct a Community Survey on Parks and Recreation and Other Issues Godbe Research Page 5
Recommended Scope of Work
Below, Godbe Research has provided our recommended scope of work for the City to illustrate the types of considerations that go into each of our community surveys and other related survey studies and projects. While each of our projects is customized to the unique needs of a given client, there is a specific and proven process to conducting a thorough community survey process. Based on this process, specific services for the community survey of Calistoga residents are thus envisioned to include:
 Conducting a project kick-off meeting with the City of Calistoga, as well as additional meetings and correspondence, as needed, to discuss the research objectives and other aspects of the community survey in detail.  Reviewing resident, voter, and property owner demographics in Calistoga, any related previous opinion research data, and other information that will help to inform and support this specific community survey exercise with Calistoga residents.
 Designing and refining a survey instrument of approximately 18 to 25-minutes in length so that it addresses the research objectives of the City of Calistoga related to the community survey process. This is done through an iterative process between Godbe Research and the City with multiple points for input, review, and approval prior to considering the survey finalized and ready for pre-testing and fielding.

Item #7.7.

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City of Calistoga
Proposal to Conduct a Community Survey on Parks and Recreation and Other Issues Godbe Research Page 6
 The survey will be designed to be formatted for both Internet and telephone survey modalities as a ‘hybrid survey’ and both versions of the survey will be identical save for survey instructions specific to each methodology.
 As final notes regarding survey length, given that the demographics section of the survey will take 5-minutes to administer, we do not feel that a survey of less than 18-minutes in length (e.g., 10 to 15-minutes) would be sufficient to capture the substantive data needs of the survey process as well the mandatory demographic questions we need to ensure statistical validity and demographic representation among Calistoga residents. A 22 to 25-minute survey length is also recommended for this specific project to be able to set a baseline for the City in terms of high level questions (e.g. quality of life, overall satisfaction, satisfaction with the City’s financial situation, satisfaction with the how the City spends taxpayer dollars, etc.) we might ask for a later survey to track the results of the 2022/23 survey as well as the parks and recreation specific topics unique to the 2022/23 survey process.
 Programming, refining, and testing the Internet version of the survey instrument using our Internet survey software package. This will be done by our team of IT and programming experts.
 CATI programming the survey version of the survey instrument for efficient and accurate data collection, and training telephone interviewing personnel on the questionnaire and interviewing protocol.
 For our telephone interviewing projects, Godbe Research uses only live interviewers who have been trained on the survey questionnaire and who are located in the western United States.
 Pre-testing the survey instrument in both modalities to ensure that the questions and response codes are understandable to respondents, and to ensure that the survey length coincides with the budgeted survey length for the project.
 Development of a recruitment email (email to Internet) and recruitment text (text to Internet) for the Internet version of the survey and working with the City so that Godbe Research can send recruitment emails to Calistoga residents with known email addresses and cell phone numbers in the voter file, respectively, as well as in lists provided by the City of Calistoga. The use of the voter file and City-provided lists also allows us to ensure that a given respondent to the survey, in any format, is an actual resident residing within the boundaries of the City of Calistoga.
 For reference, the recruitment email will come from the City’s recognizable @ci.calistoga.ca.us email domain for familiarity as well as to ensure voters that the recruitment email is not spam or malware.

The City Manager or Parks and Recreation Director should also sign the recruitment email and recruitment text to convey the importance of the study to the City as well as to further confirm to
residents/respondents that this is a legitimate City-sponsored survey.  Development of a stratified and clustered listed sample of City of Calistoga voters matched against City provided lists such as the City’s parks and Item #7.7.

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City of Calistoga
Proposal to Conduct a Community Survey on Parks and Recreation and Other Issues Godbe Research Page 7
recreation registration lists. The sample will be primarily constructed using email addresses (email to Internet) and cell phones (text to Internet) from the voter file, as the Internet modality will be conducted first in the hybrid survey process. Once we have developed the Internet sample, the rest of the sample will be de-duplicated by matching names, addresses, and phone numbers from Internet survey respondents to those in the voter file. We will also remove any respondent from the telephone survey sample who previously completed the survey via the Internet. As a final measure, we will ask telephone survey respondents in that sample if they have already completed the survey via the Internet and will remove those residents from the survey process through a screening question.
 For review, we have identified that there are a total of approximately 2,686 registered voters in the entirety of City of Calistoga, which makes up 63% of the City’s adult resident population (2021 ACS Estimates) of approximately 4,250 adult (18+) residents. For all City voters, we have cell phone numbers for approximately 935 City voters, which represents 35% of all City voters. We also have 1,246 email addresses, which is represents 46% of the voting electorate in Calistoga. Finally, we have landline telephone numbers for 1,198 Calistoga voters or 45% of the City’s voting electorate.  Finally, to include the most up to date contact information as well as to include Calistoga residents who are not registered to vote, we will match City provided lists such as the parks and recreation registration list to the voter file for the purposes of this specific community survey study.
 Optionally translating the telephone version of the survey instrument into Spanish to account for language preferences and communications protocols in the City and conducting Spanish language telephone interviewing based on respondent preference.
 Conducting 18 to 25-minute Internet and telephone interviews with up to 250 (n=250) total Calistoga registered residents according to a strict interviewing protocol and our approved sampling design of registered voters in Calistoga matched to City-provided lists so that we are looking at all adult (18+) residents in Calistoga.
 A sample size of 250 will provide for a margin of error of no greater than +/-5.9% at the 95% confidence level, when looking at all adult residents in the City.
 Merging the Internet and telephone data files, as well as processing and weighting the data to adjust for population distribution and strategic oversampling, as needed to reflect the adult resident population in Calistoga.  Developing a topline report of aggregate findings for Calistoga as the first reporting deliverable for the community survey process.  We will also collectively meet with the City to review the topline/aggregate survey results, which will help us craft our more detailed reporting to be of maximum value to the City for the community survey process.

Item #7.7.

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City of Calistoga
Proposal to Conduct a Community Survey on Parks and Recreation and Other Issues Godbe Research Page 8
 Analyzing the data from the survey and producing a report of findings, conclusions, and recommendations for the community survey process. Our reports typically contain a methodology discussion, key findings and conclusions, appropriate analysis (including graphics) for the topics being tested, a complete set of crosstabulations, and a copy of the survey questionnaire (in English and Spanish, if translated).
 Presenting the results and recommendations from the community survey process to City of Calistoga based on the City’s content and length needs for a presentation.
 Post-survey consulting on the results and recommendations from community survey process throughout the range of planning, community education/outreach, budgeting, and other activities, as need by the City of Calistoga (ongoing/no additional charge).

Project Deliverables
Below is a list of deliverables for this specific community survey process for the City of Calistoga to be provided by Godbe Research. These deliverables are similar to the deliverables provided for previous similar studies conducted by Godbe Research for other municipal clients and the final project deliverables will be mutually determined between the City and Godbe Research.
 Project timeline
 Draft survey instrument(s)
 Final survey instrument (in English and Spanish, if translated)  Topline report
 Draft project report
 Final project report
 Research objectives
 Methodology overview
 Key findings
 Demographic information
 Detailed methodology
 Topline report
 Final survey questionnaire
 Crosstabulations
 Project presentation
 Post-survey consulting on results and recommendations Item #7.7.

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City of Calistoga
Proposal to Conduct a Community Survey on Parks and Recreation and Other Issues Godbe Research Page 9

PROJECT SCHEDULE DISCUSSION
Project Meetings and Time Commitment
Based on our typical project approach, Godbe Research will devote resources as necessary to complete this project ‘on time’ and ‘on budget.’ As such, we expect numerous meetings with the City of Calistoga during the community survey process.

This will include a meeting to kick-off the project, meeting(s) to review and refine the draft questionnaire and discuss the final survey questionnaire, a meeting to review the findings in the topline report, a meeting to review and discuss the draft report, a presentation of findings to the City, and additional time and meeting as needed by the City.

Preliminary Project Timeline
Because of our experience in conducting similar community survey projects for a wide variety of local government agency clients, including the City of Calistoga, Godbe Research generally prefers to conduct a hybrid survey processes over about a six to eight-week time frame. However, preliminary results, such as the topline report, can be made available sooner, as required. Below is a general timeline that reflects major project milestones and tasks in number of days. A formal timeline will be provided a few days after the project kick off meeting, where we will discuss scheduling needs and meeting dates in greater detail. Finally, please note that Calistoga required meetings (e.g., project kick off meeting) and tasks (e.g., questionnaire review) have been italicized for easy review below.

Community Survey Project Tasks Approx. Time
Survey Kick-Off Meeting w/ Calistoga 1 Day (1 to 2 hours) Review of Previous Surveys and Data 2 to 3 Days
Questionnaire Drafting and Refinement 10 to 12 Days
Sample Development and Matching 3 to 5 Days
(concurrent with questionnaire drafting)
Meeting to Review Draft Survey w/ Calistoga 1 Day (1 to 2 hours) Questionnaire Revisions (as needed) 3 to 5 Days
Survey Pretest 1 Day
Internet Version Programming and Testing 3 to 4 Days
Telephone Version CATI Programming 2 to 3 Days
(concurrent with Internet programing)
Spanish Translation and Programming 2 to 3 Days
(optional)
Data Collection / Interviewing 7 to 10 Days
(ideally two full weekends)
Initial Data Processing 2 to 3 Days
Item #7.7.

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City of Calistoga
Proposal to Conduct a Community Survey on Parks and Recreation and Other Issues Godbe Research Page 10
Topline Report Meeting/Discussion w/ 1 Day (1 to 2 hours) Calistoga
Survey Analysis and Reporting 10 to 12 Days
Report Changes (if needed) 2 to 3 Days
Presentation of Survey Findings to After Final Report Delivery Post-Survey Consulting on Results and Ongoing/As Needed Recommendations with Calistoga
Item #7.7.

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OAK #4823-2508-6159 v2

1. Direct Labor
Direct labor costs shall be the total number of hours worked on the job by each employee times the agreed hourly rate for such employee's labor as set forth on the attached Exhibit B-1. CITY will pay all personnel at their regular straight-time rate, including any work performed on overtime or on holidays or weekends.

Item #7.7.

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OAK #4823-2508-6159 v2
EXHIBIT B-1
Item #7.7.

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City of Calistoga
Proposal to Conduct a Community Survey on Parks and Recreation and Other Issues Godbe Research Page 12

PROPOSED PROJECT COSTS
Godbe Research takes immense pride in delivering reliable and practical opinion research projects ‘on time and on budget.’ In doing so, we prefer to provide a firm, fixed fee format for our proposals. This is because we do not believe in assigning arbitrary hours and rarely do projects (even highly similar in nature) take the same amount of time or resources. Thus, we feel that firm and fixed-fee pricing represents the best value to our clients by focusing on the three most important factors in any survey: the number of interviews conducted/sample size; the length of the survey/number of questions, and; the languages in which the survey is conducted.

Based on our understanding of the needs of this specific community survey process for the City of Calistoga, Godbe Research has provided costs to conduct an 18, 20, 22, or 25-minute survey comprised of up to 250 (n=250) total Calistoga using the Voter File matched against City-provided lists as our primary sampling sources. The survey will be developed using a hybrid Internet and telephone survey methodology approach, with the Internet modality conducted first, followed-up shortly thereafter by the telephone modality. Finally, we have also provided optional costs to translate the telephone version of the survey into Spanish and to provide Spanish-language interviewing, based on respondent preference.

The prices below reflect the all-inclusive costs to complete the survey project -- the overall cost will not exceed those shown below, provided that parameters (e.g., hybrid survey methodology, survey length, sample size, English, and Spanish surveying, etc.) of the project conform to those outlined in this proposal. Should project parameters or City of Calistoga needs change, we will be happy to provide amended costs prior to proceeding.

Project Task 18-min. 20-min. 22-min. 25-min.

Listed Voter Telephone Sample $600.00 $600.00 $600.00 $600.00 Email Sample Purchase $600.00 $600.00 $600.00 $600.00
Additional Cell and Email Matching $400.00 $400.00 $400.00 $400.00 Internet Version Programming/Testing $4,750.00 $5,000.00 $5,250.00 $5,500.00 CATI Programming of Telephone Version $1,350.00 $1,500.00 $1,650.00 $1,875.00 Internet Version Recruitment/Hosting $500.00 $500.00 $500.00 $500.00 Telephone Interviewing $5,600.00 $6,600.00 $7,600.00 $8,600.00 Data Processing $750.00 $750.00 $750.00 $750.00
Research Fee $7,250.00 $7,250.00 $7,250.00 $7,250.00
Project Management $2,250.00 $2,250.00 $2,250.00 $2,250.00 Miscellaneous Expenses $250.00 $250.00 $250.00 $250.00
English Only Survey Costs $24,300.00 $25,700.00 $27,100.00 $28,575.00 Spanish Translation and Programming $575.00 $650.00 $725.00 $800.00 Spanish Interviewing Fee - Phone $400.00 $600.00 $800.00 $1,000.00 English and Spanish Survey Total $25,275.00 $26,950.00 $28,625.00 $30,375.00 Hybrid Survey of up to 250 (n=250) Calistoga Voters
Item #7.7.

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City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Brad Kilger, Consultant
Meeting: City Council - Dec 06 2022
Subject: Authorizing Funding to Conduct the Special Election for Formation of Fairgrounds CFD
DESCRIPTION:

Authorizing payment to Napa County for the purpose of conducting a special election for the formation of a Community Facility District for the Fairgrounds
RECOMMENDATION:

By minute order, authorize payment to Napa County for the purpose of conducting a special election for the formation of a Community Facility District for the Fairgrounds and adjust the City FY 2022-23 budget as necessary
BACKGROUND/SUMMARY:

The City Council has entered into a Purchase and Sale Agreement with the County of Napa for the purchase of the Napa Valley Fairgrounds property. To fund the acquisition, make the necessary capital improvements, and provide the necessary on-going maintenance for the fairgrounds, the City Council directed the City Manager to initiate formation of a Community Facility District. The City Manager subsequently worked with a consultant team to develop the special tax formulas and CFD formation documentation that provides for a process that includes a public hearing, calling for an election and the issuance of bonds to fund the acquisition and improvement of the property.

Should the City Council complete the process to call for an election, the Napa County Registrar of Voters will be requested to conduct the election. Based on information from the County Registrar, the most cost-effective option would be to have an all-mail ballot, which would be prepared and counted as a hand count election. Ballots would be mailed in February, there would be a 28 day drop box for electors to return their ballots and a one day vote center on Election Day, which would be March 7, 2023. The Registrar estimated the cost to be between $35,000 and $50,000, depending on the number of ballots that are returned.

CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:

This discussion item conforms to Council Goal 1: Maintain and enhance the economic vitality of the community and the financial stability of the City, specifically Priority Project #4: Support long-term land stewardship of the Napa County Fairgrounds.

CEQA STATUS:

That the recommend action is not a project under the definitions contained in the Guidelines of the California Environmental Quality Act (CEQA) and is therefore exempt from CEQA.

Item #7.8.

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FINANCIAL IMPACT:

The not to exceed amount for conducting the special election is $50,000, which will be funded by a transfer from the General Fund. This and other various costs that have been incurred in relation to the acquisition of the Fairgrounds and formation of the CFD, will be reimbursed if the CFD election is successful.

APPROVAL(S):

Marni Rittburg, City Clerk Approved - Nov 29 2022
Item #7.8.

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City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Laura Snideman, City Manager
Meeting: City Council - Dec 06 2022
Subject: Approval of a Resolution of Formation of CFD No. 2022-1, Resolution Determining Necessity for Bonds for CFD No. 2022-1, Resolution Calling Special Election for CFD No. 2022-1 and Resolution approving an argument in favor of the CFD special tax measure on behalf of the entire City Council DESCRIPTION:

Consideration of 1) Resolution for formation of City of Calistoga Community Facility District (CFD) No. 2022-1 (Fairgrounds Acquisition and Maintenance) to finance public services and the acquisition and construction of certain public facilities; 2) Resolution determining necessity to incur bonded indebtedness for No. CFD 2022-1, and 3) Resolution calling a special election for No. CFD 2022-1.

In addition, to approve a resolution approving an argument in favor of the CFD special tax measure that would be submitted to the voters on behalf of the entire City Council.

RECOMMENDATION:

Hold Public Hearing and consider adopting four Resolutions.

BACKGROUND/SUMMARY:

On October 4, 2022, the City Council approved a resolution authorizing a Purchase and Sale Agreement and escrow instructions and a Declaration of Covenants and Restrictions with the County of Napa for the purchase of the Napa Valley Fairgrounds property contingent on voters in the City approving a revenue stream that can pay for the purchase, repairs and operational costs. The Napa County Board of Supervisors subsequently approved the agreement.

On October 18, 2022, the City Council directed the City Manager to initiate formation of a CFD to fund the acquisition, capital improvement and ongoing maintenance of the Napa County Fairgrounds. The City Manager subsequently worked with the consultant team to develop the special tax formulas and CFD formation documentation that provides for a process that includes a public hearing, calling for an election and the issuance of bonds to fund the acquisition and improvement of the property.

On November 1, 2022, this Council adopted two resolutions to begin the process of the CFD Formation:
• Resolution of Intention to Form a Community Facilities District and Levy a Special Tax in the City of Calistoga Community Facilities District No. 2022-1 (Fairgrounds Acquisition and Maintenance), to Finance Public Services and the Acquisition and Construction of Certain Public Facilities
• Resolution of Intention to Incur Bonded Indebtedness to Finance the Acquisition and Construction of Certain Public Facilities in and for City of Calistoga Community Facilities District No. 2022-1 (Fairgrounds Acquisition and Maintenance
Item #8.1.

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Those resolutions set December 6, 2022, as the date of the Public Hearing with respect to the formation of and necessity to incur bonded indebtedness in and for the proposed Community Facilities District.

The maximum special tax defined in the RMA for each assessor’s parcel is shown in the table below.

Land Use Class
Maximum
Special Tax Per
Commercial Property $0.25 Lot Square Foot
Industrial Property 0.25 Lot Square Foot
Lodging Property 1.42 Building Square Foot
Rural Property 1,000.00 Assessor Parcel
Undeveloped Property 0.11 Lot Square Foot
Single Family Residential
Detached Property 0.32 Building Square Foot
Condominium Property 0.32 Building Square Foot
Multi-Family Residential
Property 325.00 Unit
Mobile Home Property 125.00 Unit
Accessory Dwelling Unit See below
Taxable Public Property See below
The Maximum Special Tax for an Accessory Dwelling Unit shall be calculated as a percentage of the Maximum Special Tax for the primary Unit the ADU is accessory to, based on Building Square Footage. For example, if a primary Unit in Land Use Class Single Family Residential Detached Property of 2,000 BSF has an ADU of 800 BSF, the Maximum Special Tax for the ADU shall be calculated by the following steps:

1. 800 BSF / 2,000 BSF = 0.40 or 40%

2. $600 Maximum Special Tax per Unit x 40% = $240 Maximum Special Tax for such ADU The Maximum Special Tax for Taxable Public Property shall be the same as the Maximum Special Tax for such Assessor’s Parcel as assigned based on the Land Use Class prior to the Assessor’s Parcel becoming Taxable Public Property.

On each July 1, commencing on July 1, 2024, the Maximum Special Tax shall be increased by an amount equal to two percent (2%) of the amount in effect for the previous Fiscal Year.

Approval Process
• Hold a Public Hearing
• Adopt a Resolution to Form the City of Calistoga Community Facilities District No 2022-01 (Fairgrounds Acquisition and Maintenance) and Levy a Special Tax within the CFD to Finance Public Services and the Acquisition and Construction of Certain Public Facilities • Adopt Resolution of Necessity to Incur Bonded Indebtedness in the maximum aggregate principal amount of $27,500,000 for the CFD for the purpose of financing the costs of all or a portion of the facilities defined in the Resolution of Formation (the “Facilities”), including, but not limited to, the costs of issuing and selling bonds to finance all or a portion of the Facilities. • Adopt a Resolution Calling a Special Election for the City of Calistoga Community Facilities District No. 2022-1 (Fairgrounds Acquisition and Maintenance) Item #8.1.

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In accordance with applicable provisions of the Elections Code, the City Council may approve an argument in favor of the measure to appear in the voter information guide sent to all registered voters.

A form of argument has been prepared by the Council and is available for adoption.

If the City Council approves the resolution calling for the election it will be submitted the Napa County Registrar of Voters the following day (December 7, 2022).

The County Registrar would then publish a notice of election on December 8, 2022 and notifying the City that the impartial analysis prepared by the City Attorney is due on December 11, 2022.

Arguments for and against would be due on December 16 and rebuttals to arguments would be due on December 27, 2022. Ballots would be mailed on February 7, 2023.

On March 21, 2023, the City Council will certify the election results. If the CFD election is successful, the City Council would approve a resolution declaring the results of the election and adopt an ordinance to levy the special tax. The CFD special tax bond issuance process will then be initiated in accordance with the CFD formation proceedings. The intent is to have the CFD bonds issued no later than July 2023 in order to to purchase the Fairgrounds and make necessary repairs and upgrades to the property. If the CFD election is not successful, the City would no longer be obligated to purchase the Fairgrounds.

CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:

CEQA STATUS:

That the recommend action is not a project under the definitions contained in the Guidelines of the California Environmental Quality Act (CEQA) and is therefore exempt from CEQA.

FINANCIAL IMPACT:

Various costs have been incurred related to the preliminary legal and financial work performed to date.

Funding for these costs has been previously approved by the City Council with a transfer from the General Fund and will be reimbursed if the CFD election is successful.

ATTACHMENT(S):

2.1 Reso Formation Calistoga CFD
Calistoga CFD 2022-1 (Fairgrounds Acquisition and Maintenance) RMA 112922

2.2 Reso Necessity Bonds Calistoga CFD

2.3 Reso Call Election Calistoga CFD

2.4 Reso Approving Argument in Favor Calistoga CFD
APPROVAL(S):

Laura Snideman, City Manager Approved - Nov 29 2022
Marni Rittburg, City Clerk Approved - Nov 29 2022
Item #8.1.

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RESOLUTION NO. 2022-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA TO FORM THE CITY OF CALISTOGA COMMUNITY FACILITIES DISTRICT NO. 2022-1 (FAIRGROUNDS ACQUISITION AND MAINTENANCE) TO FINANCE PUBLIC

SERVICES AND THE ACQUISITION AND CONSTRUCTION OF CERTAIN PUBLIC

FACILITIES IN AND FOR SUCH COMMUNITY FACILITIES DISTRICT WHEREAS, on November 1, 2022, the City Council (the “City Council”) of the City of Calistoga (“City”) adopted a resolution entitled “A Resolution of Intention of the City Council of the City of Calistoga to Form a Community Facilities District and Levy a Special Tax in the City of Calistoga Community Facilities District No. 2022-1 (Fairgrounds Acquisition and Maintenance) to Finance Public Services and the Acquisition and Construction of Certain Public Facilities in and for such Community Facilities District” (the “Resolution of Intention”), stating its intention to form “City of Calistoga Community Facilities District No. 2022-1 (Fairgrounds Acquisition and Maintenance)” (the “CFD”), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the “Act”); and WHEREAS, the Resolution of Intention, describing a map of the proposed boundaries of the CFD and stating the facilities and services to be provided, the cost of providing such facilities and services, and the rate and method of apportionment of the special tax to be levied within the CFD to pay the principal and interest on bonds proposed to be issued with respect to the CFD, is on file with the City Clerk and the provisions thereof are incorporated herein by this reference as if fully set forth herein; and
WHEREAS, on this date, this City Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed formation of the CFD; and WHEREAS, at the hearing all interested persons desiring to be heard on all matters pertaining to the formation of the CFD, the facilities and services to be provided therein and the levy of said special tax were heard and a full and fair hearing was held; and WHEREAS, at the hearing evidence was presented to this City Council on said matters before it, including a report caused to be prepared by the City Manager of the City (the “Report”) as to the facilities and services to be provided through the CFD and the costs thereof, a copy of which is on file with the City Clerk, and this City Council at the conclusion of said hearing is fully advised in the premises; and
WHEREAS, written protests with respect to the proposed formation of the CFD, the furnishing of specified types of facilities and services and the rate and method of apportionment of the special taxes have not been filed with the City Clerk by 50% or more of the registered voters residing within the territory of the CFD or property owners of one-half or more of the area of land within the CFD and not exempt from the proposed special tax; and WHEREAS, the special tax proposed to be levied in the CFD to pay for the proposed facilities and services to be provided therein, as set forth in Exhibit B hereto, has not been eliminated by protest by 50% or more of the registered voters residing within the territory of the CFD or the owners of one-half or more of the area of land within the CFD and not exempt from the special tax.

Item #8.1.

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2 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

Section 1. Recitals Correct. The foregoing recitals are true and correct.

Section 2. No Majority Protest. The proposed special tax to be levied within the CFD has not been precluded by majority protest pursuant to section 53324 of the Act.

Section 3. Prior Proceedings Valid. All proceedings taken by this City Council in connection with the establishment of the CFD, and the levy of the special tax have been duly considered and are hereby found and determined to be valid and in conformity with the Act.

Section 4. Name of CFD. The community facilities District designated “City of Calistoga Community Facilities District No. 2022-1 (Fairgrounds Acquisition and Maintenance)” is hereby established pursuant to the Act.

Section 5. Boundaries of CFD. The boundaries of the CFD, as set forth in the map of the CFD heretofore recorded in the Napa County Recorder’s Office on November 4, 2022 in Book 3 at Page 51 of Maps of Assessment and Community Facilities Districts, as Document No. 2022-0020119, are hereby approved, are incorporated herein by reference and shall be the boundaries of the CFD, respectively.

Section 6. Description of Facilities and Services. The type of public facilities proposed to be financed by the CFD and pursuant to the Act shall consist of those items listed as facilities on Exhibit B hereto (the “Facilities”) and the type of public services proposed to be financed by the CFD and pursuant to the Act shall consist of those items listed as services on Exhibit B hereto (the “Services”). The financing of the costs of Facilities may include, without limitation, the payment of principal of and interest on bonds or other indebtedness together with all direct, indirect, periodic, and/or other related costs (including, without limitation, costs of administering the CFD, levying the Special Tax and administering the bonds, and establishing and replenishing reserve funds).

Section 7. Special Tax.
a. Except to the extent that funds are otherwise available to the CFD to pay for the Services and/or Facilities, including the principal and interest as it becomes due on bonds issued by City for the CFD to construct and/or acquire the Facilities, a special tax (“Special Tax”) sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the CFD, will be levied annually within the CFD, and collected in the same manner as ordinary ad valorem property taxes, or in such other manner as the City Council or its designee shall determine, including direct billing of the affected property owners. b. The proposed rate and method of apportionment of the Special Tax among the parcels of real property within the CFD, in sufficient detail to allow each landowner within the proposed CFD to estimate the maximum amount such owner will have to pay, are described in the Rate and Method of Apportionment attached hereto as Exhibit A and hereby incorporated herein (the “Rate and Method”). The Rate and Method has been updated as part of the public hearing to reduce the Special Tax proposed to be levied on certain properties, and not increase the maximum Special Tax on any parcels.

Item #8.1.

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3 It is anticipated that the Special Tax will be billed as a separate line item on the regular property tax bill. However, the City Council reserves the right, under Section 53340 of the Act, to utilize any method of collecting the Special Tax which it shall, from time to time, determine to be in the best interests of City, including, but not limited to, direct billing by the City to the property owners and supplemental billing. c. The Special Tax shall be levied in the amount and for the duration set forth in the Rate and Method. Under no circumstances shall the Special Tax levied against any parcel in the CFD to be used for private residential purposes be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the CFD by more than 10%.
d. Except as may otherwise be provided by law or by the Rate and Method, the following shall be omitted from the levy of the Special Tax: (i) all lands owned by any public entity, including the United States, the State of California and the City, or any departments or political subdivisions thereof, and (ii) acreage that is the subject of an open-space easement acquired by the County, or dedicated or restricted to agricultural or conservation uses, as described in the Act.

Section 8. Responsible Official. The Finance Director of the City of Calistoga, 1232 Washington Street, Calistoga, California 94515, Tel: (707) 942-2805, is the officer of the City who will be responsible for preparing annually a current roll of special tax levy obligations by assessor’s parcel number and who will be responsible for estimating future special tax levies pursuant to the Act.

Section 9. Tax Lien. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code of California, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property in the CFD and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied to the extent allowed under the Rate and Method and the lien canceled in accordance with law or until collection of the tax by the City ceases.

Section 10. Appropriations Limit. In accordance with the Act, the annual appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, of the CFD is hereby preliminarily established at $27,500,000, and said appropriations limit shall be submitted to the voters of the CFD as hereafter provided. The proposition establishing said annual appropriations limit shall become effective if approved by the qualified electors voting thereon and shall be adjusted in accordance with the applicable provisions of the Act.

Section 11. Election. Pursuant to the provisions of the Act, the proposition of the levy of the special tax and the proposition of the establishment of the appropriations limit specified above shall be submitted to the qualified electors of the CFD at an election. The time, place and conditions of the election shall be as specified by a separate resolution of this City Council.

Section 12. Effective Date. This resolution shall take effect upon its adoption.

Item #8.1.

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4 PASSED, APPROVED AND ADOPTED this __ day of December 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 #8.1.

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Exhibit A

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EXHIBIT A

RATE AND METHOD OF APPORTIONMENT
City of Calistoga
Community Facilities District No. 2022-1
(Fairgrounds Acquisition and Maintenance)
Attached.

Item #8.1.

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Exhibit B

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EXHIBIT B

LIST OF AUTHORIZED FACILITIES AND SERVICES
City of Calistoga
Community Facilities District No. 2022-1
(Fairgrounds Acquisition and Maintenance)
The authorized facilities and services to be funded from the levy and collection of annual special taxes shall consist of those items set forth below, in addition to the costs associated with collecting and administering the special taxes and the CFD.

Authorized Facilities. Authorized Facilities include the acquisition of the real property commonly known as the Napa County Fairgrounds (the “Fairgrounds”) by the City of Calistoga (“City”) and the costs and expenses related thereto, including all park, RV Park, Speedway, golf course, lawns, landscaping and open space improvements thereon, and the construction, rehabilitation, renovation, removal or addition of any new or existing improvements on, in the area of, or needed to facilitate the use of, all or any portion of the Fairgrounds, and the costs and expenses related thereto. For example, Authorized Facilities include but are not limited to recreation facilities and amenities, pavilions and shelters, parking and restroom facilities, pedestrian and bike trails, on-site and off-site utilities, including water, wastewater and storm drain facilities, environmental mitigation improvements, landscaping and irrigation, access gates and fencing, as well as any land acquisition and easement payments for the use or expansion of the facilities and any other improvements facilitating or enhancing the use of the Authorized Facilities. Authorized Facilities also include all related financing costs, such as costs of issuance, costs to establish reserve funds and the payment of principal and interest on bonds or other indebtedness.

Authorized Services. Authorized Services include all aspects of operation, maintenance, repair and service of any and all Authorized Facilities, including replacement and the funding of a reserve fund to pay for future repair and/or replacement of any Authorized Facilities. Such Authorized Services include but are not limited to all general or extraordinary activities deemed necessary or desirable by City to provide for the use or enjoyment of any and all Authorized Facilities whether provided by City or any outside entity, including maintenance and operations contingencies and reserves with respect thereto. For example, Authorized Services include but are not limited to the operation and maintenance of all Fairgrounds buildings, lawns, landscaping, lighting, and parking and driveway areas, the RV Park, Speedway, golf course and related buildings, facilities, and on-site and off-site utilities (including water and electricity).

Incidental Costs. In addition, costs eligible to be financed by the CFD shall include all costs and expenses incidental to the above and authorized by the Mello-Roos Community Facilities Act of 1982 (the “Act”) determined by City to be associated with the Authorized Facilities, the Authorized Services, the formation and ongoing administration of the CFD, the election, bonding, levy and collection of taxes for the CFD, and any other costs incurred to carry out the authorized purposes of the CFD permitted by the Act.

Item #8.1.

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City of Calistoga
Community Facilities District No. 2022-1 (Fairgrounds Acquisition and Maintenance) Page 1

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES

FOR CITY OF CALISTOGA
COMMUNITY FACILITIES DISTRICT NO. 2022-1
(FAIRGROUNDS ACQUISITION AND MAINTENANCE)
A Special Tax, as hereinafter defined, shall be levied and collected in the City of Calistoga Community Facilities District No. 2022-1 (Fairgrounds Acquisition and Maintenance) (“CFD No. 2022-1”) each Fiscal Year commencing in Fiscal Year 2023/24, in an amount determined by the application of the procedures below. All Taxable Property, as hereinafter defined, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meaning:
“Accessory Dwelling Unit” or “ADU” means all Assessor’s Parcels of Residential Property for which a building permit(s) has been issued for an “Accessory Dwelling Unit” as defined in California Government Code Section 65852.2(j)(1), as may be amended from time to time, that is accessory to a primary Unit.

The ADU may be located on the same Assessor’s Parcel as the primary Unit that is the primary Unit or on a separate Assessor’s Parcel. For purposes of clarification, where an ADU and primary Unit are on the same Assessor’s Parcel, the ADU located on such Assessor’s Parcel is considered a separate Unit from the primary Unit on such Assessor’s Parcel for purposes of the Special Tax. Should an Assessor’s Parcel contain only an ADU, such Assessor’s Parcel will be taxed as an ADU Unit only. "Acre” or “Acreage" means the land area of an Assessor’s Parcel as shown in the Assessor’s Data. In the event that the Assessor’s Data shows no acreage, the Acreage for any Assessor’s Parcel may be determined by the CFD Administrator based upon, in the CFD Administrator’s discretion, the applicable condominium plan, final map, parcel map, an Assessor’s Parcel Map or by using available spatial data and GIS.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1, Division 2 of Title 5 of the Government Code of the State. "Administrative Expenses" means the actual or reasonably estimated costs directly related to the administration of CFD No. 2022-1 including, but not limited to, the following: the costs of any paying agents/fiscal agents/trustees related to CFD No. 2022-1 Bond payments (including the fees and expenses of related counsel); the costs of computing the Annual Special Tax Requirement, the Special Taxes and of preparing the collection schedules for the Special Taxes; the costs of collecting the Special Taxes, including any charges levied by the County Auditor’s Office, County Tax Collector’s Office or County Treasurer’s Office; the costs of the City or designee in complying with the disclosure requirements associated with applicable federal and state securities laws, or otherwise related to CFD No. 2022-1 or CFD No. 2022-1 Bonds; the City’s annual administration fees and third party expenses; costs of responding to public inquiries regarding the Special Taxes; the costs of the City or designee related to an appeal of the Special Tax or interpretation of this Rate and Method of Apportionment of Special Taxes; amounts needed to pay Item #8.1.

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City of Calistoga
Community Facilities District No. 2022-1 (Fairgrounds Acquisition and Maintenance) Page 2 any required arbitrage rebate to the federal government related to CFD No. 2022-1 Bonds; the costs associated with the release of funds from any escrow account; and the costs of commencing and pursuing to completion any foreclosure action arising from delinquent Special Taxes in CFD No. 2022-1.

Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2022-1 for any other administrative purposes of CFD No. 2022-1. "Annual Special Tax Requirement" means that amount required in any Fiscal Year for CFD No. 2022-1:

Before the Transition Year, to (1) pay Debt Service on all Outstanding CFD No. 2022-1 Bonds which is due in such Fiscal Year; (2) pay for Authorized Services; (3) pay Administrative Expenses; (4) provide any amount required to establish or replenish a reserve fund in connection with any CFD No. 2022-1 Bonds; (5) provide any amount required to establish or replenish any operating reserve held by the City for Authorized Services and/or Administrative Expenses; (6) provide an amount equal to reasonably anticipated Special Tax delinquencies based on the delinquency rate for Special Taxes levied in the previous Fiscal Year as determined by the CFD Administrator, as limited by the Act, and without duplicating any amounts described in clauses (4) or (5). The amounts referred to in clauses (1) through (6) of the preceding sentence may be reduced in any Fiscal Year (in the City’s sole discretion) by (i) interest earnings on or surplus balances in funds and accounts for CFD No. 2022-1 Bonds to the extent that such earnings or balances are available to apply against Debt Service pursuant to the Indenture, (ii) proceeds from the collection of penalties associated with delinquent Special Tax, and (iii) any other revenues available to pay Debt Service on the Outstanding CFD No. 2022-1 Bonds or other indebtedness as determined by the CFD Administrator.

Beginning in the Transition Year, to (1) pay for Authorized Services; (2) pay Administrative Expenses; (3) provide any amount required to establish or replenish any operating reserve held by the City for Authorized Services and/or Administrative Expenses; (4) provide an amount equal to reasonably anticipated Special Tax delinquencies based on the delinquency rate for Special Taxes levied in the previous Fiscal Year as determined by the CFD Administrator, as limited by the Act; less (5) a credit for funds available, if any, to reduce the Special Tax levy. “Assessor’s Data” means the property characteristic data compiled and maintained by the County Assessor for each Assessor’s Parcel, including, but not limited to, Assessor’s Parcel Number, Acreage, Building Square Footage, Lot Square Footage and Units.
"Assessor’s Parcel" or “Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
"Assessor’s Parcel Map" means an official map of the County Assessor designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” or “APN” means, with respect to an Assessor’s Parcel, that number assigned to such Assessor’s Parcel by the County for purposes of identification. “Assigned Special Tax” means the Assigned Special Tax determined in accordance with Section C below, that can be levied in any Fiscal Year on any Assessor’s Parcel of Taxable Property.

Item #8.1.

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City of Calistoga
Community Facilities District No. 2022-1 (Fairgrounds Acquisition and Maintenance) Page 3 “Authorized Facilities” means the public facilities authorized to be financed, in whole or in part, by CFD No. 2022-1, including by the proceeds of any CFD No. 2022-1 Bonds. The Special Tax to fund Authorized Facilities may only be levied prior to the Transition Year. “Authorized Services” means the services authorized to be funded, in whole or in part, by CFD No. 2022-

1. “Building Permit” means a permit issued by the City for new construction of a residential or nonresidential building on an Assessor’s Parcel. “Building Square Feet” or “BSF” means all of the square footage of living area within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Building Square Feet shall be made by reference to Assessor’s Data.

In the event thatthe Assessor’s Data does not show Building Square Feet, other records ofthe City, County or owner of the Assessor’s Parcel shall be used as determined by the CFD Administrator. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Annual Special Tax Requirement, and otherwise providing for the levy and collection of the Special Taxes. "CFD No. 2022-1" means City of Calistoga Community Facilities District No. 2022-1 (Fairgrounds Acquisition and Maintenance), established by the City Council pursuant to the Act. “CFD No. 2022-1 Bonds” means bonds or other Debt (as defined in section 53317 of the Act), whether in one or more series, issued or assumed by or on behalf of the City for CFD No. 2022-1 under the Act, and secured by pledge of the Special Taxes.
“City” means the City of Calistoga, California.
“City Council” means the City Council of the City, acting as the legislative body of CFD No. 2022-1. “Commercial Property” means, in any Fiscal Year all Assessor’s Parcels of Developed Property, which have a structure(s) used for commercial purposes. Typical County Use Codes include: 51, 511, 512, 5121, 514, 515.
“Condominium Property” means, in any Fiscal Year all Assessor’s Parcels of Residential Property with one Unit with a single Assessor’s Parcel Number that is a condominium pursuant the definition in Civil Code Section 4125. Typical County Use Codes include: 12.
"County" means the County of Napa, California.
“County Use Code” means that code in the Assessor’s Data that indicates the land use of each Assessor’s Parcel.
“Debt Service” means for each Debt Year, the total amount of principal and interest due on any Outstanding CFD No. 2022-1 Bonds.
“Debt Year” means the twelve (12) month period ending on the second debt service payment date of each calendar year.
"Developed Property" means, in any Fiscal Year, all Taxable Property in CFD No. 2022-1 for which a Building Permit for new construction was issued by the City prior to March 1 of the preceding Fiscal Year.

Item #8.1.

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City of Calistoga
Community Facilities District No. 2022-1 (Fairgrounds Acquisition and Maintenance) Page 4 “Exempt Property” means all property located within the boundaries of CFD No. 2022-1 which is exempt from the Special Tax pursuant to Section E below.
"Fiscal Year" means the period starting July 1 and ending on the following June 30. “GIS” or “Geographic Information System” means a system designed to capture, store, manipulate, analyze, manage, and present spatial or geographic data. “Indenture” means the indenture, fiscal agent agreement, resolution, or other instrument pursuant to which CFD No. 2022-1 Bonds are issued, as modified, amended, and/or supplemented from time to time, and any instrument replacing or supplementing the same. “Industrial Property” means, in any Fiscal Year all Assessor’s Parcels of Developed Property, which have a structure(s) used for industrial purposes. Typical County Use Codes include: 41, 411, 412, 413, 414, 42, 4211, 4212, 4213, 4214, 4215.
“Land Use Class” means any of the classes listed in Table 1. “Lot Square Feet” or “LSF” means, for any Assessor’s Parcel, the Acreage divided by 43,560. “Lodging Property” means, in any Fiscal Year all Assessor’s Parcels of Developed Property, which have a structure(s) used as a hotel, motel, bed and breakfast, etc. Typical County Use Codes include: 513. "Maximum Special Tax” means the Maximum Special Tax, determined in accordance with Section C below, that can be levied in any Fiscal Year on any Assessor’s Parcel of Taxable Property. “Mobile Home Property” means all Assessor’s Parcels of Residential Property with a movable or portable dwelling spaces available to be connected to utilities and all Assessor’s Parcels of Residential Property with Unit(s) available to be connected to utilities, including single Assessor’s Parcels with one or more mobile homes and Assessor’s Parcels that operate as a mobile home park. As it relates to Mobile Home Property, Units are the number of mobile home spaces on each Assessor’s Parcel, including for mobile home parks, Units are the number of mobile home spaces on each Assessor’s Parcel. Typical County Use Codes include: 23.
“Multi-Family Residential Property” means, in any Fiscal Year all Assessor’s Parcels of Residential Property which have a structure(s) that contains more than one Unit, including duplex, triplex, and apartment buildings. Multi-Family Residential Property does not include Single Family Residential Detached Property that also has an ADU. Typical County Use Codes include: 21, 212, 2122, 213, 2133, 214, 2144, 215, 216, 217, 218.
“Open Space Property” means property within the boundaries of CFD No. 2022-1 which (i) has been designated with specific boundaries and Acreage on a final subdivision map as open space, (ii) has been irrevocably offered for dedication as open space to the federal government, the State, the County, the City, or any other public agency, or (iii) is encumbered by an easement or other restriction required by the City limiting the use of such property to open space.
“Outstanding CFD No. 2022-1 Bonds” means all CFD No. 2022-1 Bonds which are outstanding under and in accordance with the provisions of the Indenture.
“Property Owner’s Association” or “POA” means any duly constituted property owner’s association. As Item #8.1.

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City of Calistoga
Community Facilities District No. 2022-1 (Fairgrounds Acquisition and Maintenance) Page 5 used in this definition, a Property Owner’s Association includes any home-owner’s association, condominium owner’s association, master or sub-association or non-residential owner’s association. “Property Owner’s Association Property” means any property within the boundaries of CFD No. 2022-1 which is (a) owned by a Property Owner’s Association or (b) designated with specific boundaries and acreage on a final subdivision map as Property Owner Association Property. "Proportionately" means that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal. “Public Property” means any property within the boundaries of CFD No. 2022-1 which (i) is owned by a public agency, (ii) has been irrevocably offered for dedication to a public agency, or (iii) is designated with specific boundaries and Acreage on a final subdivision map as property which will be owned by a public agency. For purposes of this definition, a public agency includes the federal government, the State, the County, the City, school districts, or any other governmental agency. “Rate and Method of Apportionment” means this Rate and Method of Apportionment of Special Taxes for CFD No. 2022-1.
“Residential Property” means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for purposes of constructing one or more residential Units. “Rural Property” means, in any Fiscal year all Assessor’s Parcels which are located and used in a rural manner. Typical County Use Codes include: 30, 3001, 31, 3101, 312, 3121, 313, 3131, 314, 3141, 315, 3151, 32, 3201, 322, 3221, 323, 3231, 324, 3241, 325, 3251, 33, 3301, 34, 3401, 341, 35, 36, 37, 3701, 3711, 372, 3721, 373, 3731, 374, 3741, 375, 3751, 38, 3801, 3811, 382, 3821, 383, 3831, 384, 3841, 385, 3851, 39, 3901, 392, 3921, 393, 3931, 394, 3941, 395, 3951. “Single Family Residential Detached Property” means, in any Fiscal Year all Assessor’s Parcels of Residential Property which have a structure used as a detached residential structure intended as a single primary Unit. Typical County Use Codes include: 11, 111. "Special Tax(es)" means the special tax or special taxes to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property within CFD No. 2022-1 to fund the Annual Special Tax Requirement. "State" means the State of California.
"Taxable Property" means all the Assessor’s Parcels within the boundaries of CFD No. 2022-1 that are not exempt from the Special Tax pursuant to law or Section E below. “Taxable Public Property” means all Assessors Parcels of Public Property that are not exempt pursuant to Section E herein.
“Transition Event” means the earlier of (i) Fiscal Year 2058/59 or (ii) the Fiscal Year when the CFD Administrator determines that both of the following events have occurred: (a) all Bonds secured by the levy and collection of the Special Tax in CFD No. 2022-1 have been fully repaid and the City determines that no additional Bonds are to be issued, and (b) all Administrative Expenses from prior Fiscal Years have been paid or reimbursed to the City.
“Transition Year” means the first year in which the CFD Administrator determines that the Transition Event occurred in the prior Fiscal Year.

Item #8.1.

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City of Calistoga
Community Facilities District No. 2022-1 (Fairgrounds Acquisition and Maintenance) Page 6 "Trustee" means the trustee or fiscal agent or paying agent acting as such under the applicable Indenture. “Undeveloped Property” means, in any Fiscal Year, all Taxable Property not classified as Developed Property, Final Map Property, Taxable Property Owner Association Property, or Taxable Public Property. “Unit” means (i) for Single Family Residential Detached Property, an individual single family detached residential unit, (ii) for Multi-Family Residential Property, an individual residential living unit. The number of Units assigned to each Assessor’s Parcel may be determined by (i) referencing Assessor’s Data, (ii) site surveys and physical unit counts, and/or (iii) other research by the CFD Administrator. “Very Low-Income Exemption Form” means a form made available by the City or the CFD Administrator and submitted to the City or CFD Administrator by the owner of an Assessor’s Parcel no later than June 30 each year that, if accepted and approved by the City or the CFD Administrator, shall cause the Assessor’s Parcel owned by the submitter to be designated as Tax-Exempt Property in the following Fiscal Year. The Very Low-Income Exemption Form shall require the applicant to provide (i) the Assessor’s Parcel to which the exemption shall apply, (ii) proof that household income for the calendar year preceding the Fiscal Year for which the form is being filed was less than or equal to the Very Low-Income Limits for the Napa, CA MSA, CA HUD Metro FMR Area, or similar Income Limit Area if the Napa, CA MSA, CA HUD Metro FMR Area no longer exists in the future, as published by the U.S. Department of Housing and Urban Development, and (iii) an attestation that the owner occupies the Assessor’s Parcel for which the form is being submitted. Proof of household income shall be confirmed by review of the prior years' tax return of individuals living in the household; copies of all such tax returns must be attached to the Very Low-Income Exemption Form in order for the City or the CFD Administrator to verify household income. A Very LowIncome Exemption Form must be submitted to the City or the CFD Administrator no later than June 30 each year for the Assessor’s Parcel to continue to be eligible for an exemption in the following Fiscal Year. “Very Low-Income Property” means, in any Fiscal Year, all Assessor’s Parcels within CFD No. 2022-1 for which a Very Low-Income Exemption Form was submitted to the City or the CFD Administrator on or prior to June 30 of the previous Fiscal Year and has been accepted as valid by the City or the CFD Administrator.

All Assessor’s Parcels with an approved Very Low-Income Exemption Form shall be classified as TaxExempt Property, with the following exception: if, in any Fiscal Year, the aggregate total exemptions related to Very Low-Income Property would exceed $20,000 (stated in Fiscal Year 2023/24 dollars, and increasing by 2% each July 1 thereafter), the CFD Administrator shall proportionately reduce the amount of the discount from 100% to each Assessor’s Parcel of Very Low-Income Property until the aggregate discount equals $20,000 (stated in Fiscal Year 2023/24 dollars, and increasing by 2% each July 1 thereafter). The City Council may elect to allow the aggregate total exemptions related to Very LowIncome Property to exceed $20,000 (stated in Fiscal Year 2023/24 dollars, and increasing by 2% each July 1 thereafter) beginning in the Transition Year and any subsequent Fiscal Year or if funds from another source are made available to the CFD by the City or other party to fund additional exemptions. “Welfare Exempt Property” means, in any Fiscal Year, all Parcels within the boundaries of CFD No. 2022- 1 that (a) have been granted a welfare exemption by the County under subdivision (g) of Section 214 of the Revenue and Taxation Code indicated in the Assessor’s Data finalized as of January 1 of the previous Fiscal Year, and (b) are exempt from the Special Tax pursuant to Section 53340(c) of the Act. Pursuant to Section 53340(c) of the Act, after the issuance of the first series of CFD No. 2022-1 Bonds, as applicable, Item #8.1.

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City of Calistoga
Community Facilities District No. 2022-1 (Fairgrounds Acquisition and Maintenance) Page 7 any Assessor’s Parcels that received a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code shall not be classified as Welfare Exempt Property and will be subject to the Special Tax.

B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, the CFD Administrator shall determine the Assessor’s Parcel Numbers for all Taxable Property within CFD No. 2022-1 for the then-current Fiscal Year. To the extent a Parcel or Parcels of Taxable Property are subdivided, consolidated, or otherwise reconfigured, the Maximum Special Tax shall be assigned to the new Assessor’s Parcels Numbers pursuant to Section C. The CFD Administrator shall also determine: (i) which Parcels are Developed Property, Undeveloped Property, Taxable Property Owner Association Property and Taxable Public Property; (ii) the number of Units or Lot Square Footage each Parcel contains; (iii) the property type, i.e., Single Family Residential Detached Property, Commercial Property, Accessory Dwelling Unit, etc.; and (iv) the Annual Special Tax Requirement for the Fiscal Year.

The Assigned Special Tax for Multi-Family Residential Property shall be based on the number of Units on such Assessor’s Parcel. The Assigned Special Tax for Single Family Detached Property and Condominium Property shall be based on the number of Building Square Feet on such Assessor’s Parcel. The Assigned Special Tax for Rural Property shall be on a per Assessor’s Parcel basis. Non-Residential Property, Taxable Property Owner Association Property and Taxable Public Property shall be based on the Acreage of the Assessor’s Parcel.

C. MAXIMUM SPECIAL TAX RATES
The Maximum Special Tax for each Assessor’s Parcel is shown in Table 1.

TABLE 1

MAXIMUM SPECIAL TAX
FISCAL YEAR 2023/24
Land Use Class
Maximum
Special Tax Per
Commercial Property $0.25 Lot Square Foot
Industrial Property 0.25 Lot Square Foot
Lodging Property 1.42 Building Square Foot
Rural Property 1,000.00 Assessor’s Parcel
Undeveloped Property 0.11 Lot Square Foot
Single Family Residential Detached Property 0.32 Building Square Foot Condominium Property 0.32 Building Square Foot
Multi-Family Residential Property 325.00 Unit
Mobile Home Property 125.00 Unit
Accessory Dwelling Unit See below Unit
Taxable Public Property See below
The Maximum Special Tax for an Accessory Dwelling Unit shall be calculated as a percentage of the Maximum Special Tax for the primary Unit the ADU is accessory to, based on Building Square Footage. For example, if a primary Unit in Land Use Class Single Family Residential Detached Property of 2,000 BSF has an ADU of 800 BSF, the Maximum Special Tax for the ADU shall be Item #8.1.

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City of Calistoga
Community Facilities District No. 2022-1 (Fairgrounds Acquisition and Maintenance) Page 8 calculated by the following steps:

1. 800 BSF / 2,000 BSF = 0.40 or 40%

On each July 1, commencing on July 1, 2024, the Maximum Special Tax shall be increased by an amount equal to two percent (2%) of the amount in effect for the previous Fiscal Year.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAXES
Commencing with Fiscal Year 2023/24 and for each following Fiscal Year, the CFD Administrator shall determine the Annual Special Tax Requirement and shall levy the Special Tax until the amount of the Special Tax levied equals the Annual Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows:

First: The Special Tax shall be levied Proportionately on each Assessor's Parcel at a rate up to 100% of the applicable Maximum Special Tax to satisfy the Annual Special Tax Requirement.

Second: If additional monies are needed to satisfy the Annual Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Taxable Public Property at a rate up to 100% of the Maximum Special Tax for Taxable Public Property to satisfy the Annual Special Tax Requirement.

E. EXEMPTIONS

1. No Special Tax shall be levied on Property Owner Association Property and Public Property. In the case of Public Property and pursuant to Section 53317.3 of the Act, if property not otherwise exempt from the Special Tax levied pursuant to this chapter is acquired by a public entity through a negotiated transaction, or by gift or devise, the special tax shall, notwithstanding Section 53340, continue to be levied on the property acquired and shall be enforceable against the public entity that acquired the property. Public Property, that is not exempt from the Special Tax under this section, or pursuant to the Act, shall be classified as Taxable Public Property. Taxable Public Property shall be subject to the levy of the Special Tax and shall be taxed Proportionately as part of the sixth step in Section D above, at up to 100% of the applicable Maximum Special Tax for Taxable Public Property.

2. No Special Tax shall be levied on any Assessor’s Parcel in any Fiscal Year in which such Assessor’s Parcel(s) is classified as Welfare Exempt Property. In the case of Welfare Exempt Property and pursuant to Section 53340 of the Act, if CFD No. 2022-1 Bonds have been issued and such Assessor’s Parcel(s) was subject to the special tax prior to being granted a welfare exemption by the County under subdivision (g) of Section 214 of the Revenue and Taxation Code indicated in the Assessor’s Data finalized as of January 1 of the previous Fiscal Year, such Assessor’s Parcel(s) shall remain subject to the special tax and shall continue to be levied.

Item #8.1.

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City of Calistoga
Community Facilities District No. 2022-1 (Fairgrounds Acquisition and Maintenance) Page 9

3. No Special Tax shall be levied on any Assessor’s Parcel which would not normally receive a property tax bill from the County due to the very-low or zero assessed value of such property.

4. No Special Tax shall be levied on any Assessor’s Parcel that is the subject of a conservation easement, open space easement, agricultural conservation easement, etc, as described in Section 53312.8 of the Act.

5. No Special Tax shall be levied on Very Low-Income Property up to a total of $20,000 (stated in Fiscal Year 2023/24 dollars and increasing by 2% each July 1 thereafter). If the total Special Tax on all Very Low-Income Property exceeds $100,000 (stated in Fiscal Year 2023/24 dollars, and increasing by 2% each July 1 thereafter), the CFD Administrator shall proportionately reduce the amount of the discount from 100% to each Assessor’s Parcel of Very Low-Income Property until the aggregate discount equals $20,000 (stated in Fiscal Year 2023/24 dollars and increasing by 2% each July 1 thereafter). The City Council may elect to allow the aggregate total exemptions related to Very LowIncome Property to exceed $20,000 (stated in Fiscal Year 2023/24 dollars and increasing by 2% each July 1 thereafter) beginning in the Transition Year and any subsequent Fiscal Year or if funds from another source are made available to the CFD by the City or other party to fund additional exemptions.

F. APPEAL OF SPECIAL TAX LEVY
Any property owner may file a written appeal of the Special Tax with the CFD Administrator claiming that the amount or application of the Special Tax is not correct with respect to one or more specific Assessor’s Parcels. The appeal must be filed not later than one calendar year after having paid the Special Tax that is disputed, and the appellant must be current in all payments of the Special Taxes theretofore levied on the Assessor’s Parcel(s). In addition, during the term of the appeal process, all Special Tax levied must be paid for the subject Assessor’s Parcel(s) prior to delinquency.

The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination.

If the property owner disagrees with the CFD Administrator’s decision relative to the appeal, the owner may then file a written appeal with the City Council whose subsequent decision shall be final and binding on all interested parties. If the decision of the CFD Administrator or subsequent decision by the City requires the Special Tax to be modified or changed in favor of the property owner, then an adjustment shall be made to credit future Special Taxes.

This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner.

G. INTERPRETATION OF RATE AND METHOD OF APPORTIONMENT
The City may, by resolution or ordinance, interpret, clarify and/or revise this Rate and Method of Apportionment to correct any inconsistency, vagueness, or ambiguity as it relates to the Special Taxes, method of apportionment, classification of Assessor’s Parcels, or any definition used herein, as long as once CFD No. 2022-1 Bonds have been issued such correction does not materially adversely affect the levy and collection of Special Taxes on any Assessor’s Parcel needed to repay the CFD No. 2022-1 Bonds.

Item #8.1.

Page 188 of 237 ends

City of Calistoga
Community Facilities District No. 2022-1 (Fairgrounds Acquisition and Maintenance) Page 10 In addition, the interpretation and application of any section of this document shall be at the CFD Administrator’s discretion.

H. MANNER OF COLLECTION
The Special Taxes shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, that the CFD Administrator may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if needed to meet the financial obligations of CFD No. 2022-1. The City may covenant to foreclose and may actually foreclose or cause an action for foreclosure to be prosecuted in respect of Assessor's Parcels of Taxable Property that are delinquent in the payment of the Special Tax.

I. PREPAYMENT OF SPECIAL TAX
The Special Tax may not be prepaid.

K. TERM
The Special Tax shall be levied and collected as needed to fund the Annual Special Tax Requirement in perpetuity. However, no portion of the Special Tax shall be levied for Authorized Facilities after Fiscal Year 2058/59, which shall be the last Fiscal Year in which the Transition Event may occur: provided, however, that a Special Tax that was lawfully levied for Authorized Facilities in or before Fiscal Year 2058/59 and that remains delinquent may be collected in subsequent years.

Item #8.1.

Page 189 of 237 ends

RESOLUTION NO. 2022-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA

DETERMING NECESSITY TO INCUR BONDED INDEBTEDNESS FOR THE CITY OF CALISTOGA COMMUNITY FACILITIES DISTRICT NO. 2022-1 (FAIGROUNDS

ACQUISITION AND MAINTENANCE)
WHEREAS, on November 1, 2022, the City Council (the “City Council”) of the City of Calistoga (“City”) adopted a resolution entitled “A Resolution of Intention of the City Council of the City of Calistoga to Form a Community Facilities District and Levy a Special Tax in the City of Calistoga Community Facilities District No. 2022-1 (Fairgrounds Acquisition and Maintenance) to Finance Public Services and the Acquisition and Construction of Certain Public Facilities in and for such Community Facilities District” (the “Resolution of Intention”), stating its intention to form “City of Calistoga Community Facilities District No. 2022-1 (Fairgrounds Acquisition and Maintenance)” (the “CFD”), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the “Act”); and WHEREAS, on November 1, 2022, this City Council also adopted a resolution entitled “A Resolution of the City Council of the City of Calistoga of Intention to Incur Bonded Indebtedness to Finance the Acquisition and Construction of Certain Public Facilities in and for City of Calistoga Community Facilities District No. 2022-1 (Fairgrounds Acquisition and Maintenance)” (the “Resolution of Intention to Incur Indebtedness”) stating its intention to incur bonded indebtedness within the boundaries of the CFD for the purpose of financing the costs of certain facilities specified in the Resolution of Intention; and WHEREAS, this City Council has held a noticed public hearing as required by the Act about the determination to proceed with the formation of the CFD, the provision of certain public facilities and services by the CFD and the rate and method of apportionment of the special tax to be levied within the CFD to pay the principal and interest on the proposed bonded indebtedness in the CFD and the administrative costs of the City relative to the CFD; and WHEREAS, subsequent to the public hearing, this City Council adopted a resolution entitled “A Resolution of the City Council of the City of Calistoga to Form the City of Calistoga Community Facilities District No. 2022-1 (Fairgrounds Acquisition and Maintenance) to Finance Public Services and the Acquisition and Construction of Certain Public Facilities in and for such Community Facilities District” (the “Resolution of Formation”); and WHEREAS, this City Council has also held a noticed public hearing as required by the Act relative to the matters material to the questions set forth in the Resolution of Intention to Incur Indebtedness; and
WHEREAS, written protests with respect to the questions set forth in the Resolution of Intention to Incur Indebtedness have not been filed with the City Council Secretary by 50% or more of the registered voters residing within the territory of the CFD or property owners of onehalf or more of the area of land within the CFD and not exempt from the proposed special tax.

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

Section 1. Recitals. The foregoing recitals are true and correct.

Item #8.1.

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2 Section 2. Necessity. This City Council deems it necessary to incur bonded indebtedness in the maximum aggregate principal amount of $27,500,000 within the boundaries of the CFD for the purpose of financing the costs of all or a portion of the facilities defined in the Resolution of Formation (the “Facilities”), including, but not limited to, the costs of issuing and selling bonds to finance all or a portion of the Facilities.

Section 3. Bonds or Other Debt for CFD. Bonds or other debt in the maximum amount of $27,500,000 for the CFD are hereby authorized, subject to voter approval. The bonds or other debt may be issued or incurred in one or more series and mature and bear interest at such rate or rates, payable semiannually or in such other manner, all as the City Council, as the legislative body of the CFD, shall determine, at the time or times of sale of such bonds or other debt; provided, however, that the interest rate or rates shall not to exceed the maximum interest rate permitted by applicable law at the time of sale of the bonds or other debt, and the bonds or other debt, or any series thereof, shall have a maximum term of not to exceed forty (40) years.

Section 4. Election. The proposition of incurring the bonded indebtedness herein authorized shall be submitted to the qualified electors of the CFD and shall be consolidated with elections on the proposition of levying special taxes within the CFD and the establishment of an appropriations limit for the CFD pursuant to Section 53353.5 of the Act. The time, place and further particulars and conditions of such election shall be as specified by separate resolution of this City Council.

Section 5. Effective Date. This Resolution shall take effect upon its adoption.

PASSED, APPROVED AND ADOPTED this __ day of December 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 #8.1.

Page 191 of 237 ends

RESOLUTION NO. 2022-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA CALLING A

SPECIAL ELECTION FOR CITY OF CALISTOGA COMMUNITY FACILITIES DISTRICT NO. 2022-1 (FAIGROUNDS ACQUISITION AND MAINTENANCE) WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the “Act”), the City Council (the “City Council”) of the City of Calistoga (the “City”) has adopted a resolution titled “A Resolution to Form City of Calistoga Community Facilities District No. 2022-1 (Fairgrounds Acquisition and Maintenance) and to Levy a Special Tax Therein to Finance Public Services and the Acquisition and Construction of Certain Public Facilities in and for such Community Facilities District” (the “Resolution of Formation”), ordering the formation of the “City of Calistoga Community Facilities District No. 2022-1 (Fairgrounds Acquisition and Maintenance)” (the “CFD”), authorizing the levy of a special tax on property within the CFD and preliminarily establishing an appropriations limit for the CFD, subject to voter approval; and WHEREAS, this City Council has also adopted a resolution titled “A Resolution of the City Council of the City of Calistoga Determining Necessity to Incur Bonded Indebtedness for City of Calistoga Community Facilities District No. 2022-1 (Fairgrounds Acquisition and Maintenance)” (the “Resolution Determining Necessity”), determining the necessity to incur bonded indebtedness for the CFD in the maximum aggregate principal amount of $27,500,000, upon the security of the special tax to be levied within the CFD pursuant to the Act; and WHEREAS, pursuant to the provisions of the Resolution of Formation and the Resolution Determining Necessity, the measure for the levy of the special tax, the establishment of the appropriations limit and the incurring of the bonded indebtedness shall be submitted to the qualified electors of the CFD as required by the provisions of the Act; and WHEREAS, the local revenue measure would require mandatory annual audits and reports to the City Council to ensure funds are spent properly as described herein.

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

Section 1. Consolidation of Issues. Pursuant to Sections 53326, 53351 and 53325.7 of the Act, the issues of the levy of the special tax, the incurring of bonded indebtedness and the establishment of the appropriations limit shall be consolidated and submitted to the registered voters within the boundary of the CFD (which is coterminous with the boundary of the City) at an election called therefor as provided herein.

Section 2. Qualified Electors. This City Council hereby finds that more than 12 persons have been registered to vote within the territory of the CFD for each of the 90 days preceding the close of the public hearings heretofore conducted and concluded by this City Council for the purposes of these proceedings. Accordingly, and pursuant to Section 53326 of the Act, this City Council finds that, for these proceedings, the qualified electors for the CFD are the registered voters within the CFD and that the vote shall be by such registered voters, each having one vote. The proposed measure shall not take effect unless approved by a 2/3rds vote of the voters voting on the question.

Item #8.1.

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2 Section 3. Ballot Measure. The full text of the measure to be submitted to the voters shall consist of (1) the Resolution of Formation (including all exhibits), and (2) the Resolution Determining Necessity. The full text of the proposed measure shall be printed in the voter information guide. The abbreviated measure shall appear on the ballot in substantially the following format, subject to approval by the Election Official (defined herein):

Shall the measure enabling the City of Calistoga to acquire, control and maintain the Napa County Fairgrounds for public use and benefit by levying a maximum annual special tax of $0.32/building square foot (single-family/condo), $1.42/building square foot (lodging), plus other rates for commercial/industrial, rural, undeveloped, multi-family, mobile home, and ADU properties, increasing 2% annually thereafter, generating approximately $4,000,000 per year initially, and authorizing bonds/appropriations limit up to $27,500,000 with the bond authorization expiring in 37 years, be adopted?
YES: 
NO: 
Section 4. Election Date and Election Official. This City Council hereby calls a special election to consider the issues described above to be held on March 7, 2023 (the “Election Day”). The City Clerk of the City is hereby designated as the official to conduct the election (the “Election Official”). The election shall be conducted as an all-mail ballot election, with all ballots due by the date and time specified in the election materials submitted to the voters. In all particulars not recited in this Resolution Calling Special Election, the election shall be held and conducted as provided by law for holding municipal elections.

Section 5. Documents to County. Pursuant to Section 53326 of the Act, and within three business days of the adoption of the Resolution of Formation, but in no event later than the date specified by the County, the Election Official shall provide a certified copy of the Resolution of Formation, the Resolution Determining Necessity and this Resolution Calling Special Election, together with a certified copy of the map of the boundaries of the CFD, as filed in the Office of the Recorder of the County, to the County election division.

Section 6. Delegation to County Election Division. In accordance with applicable provisions of the Elections Code, the Election Official is hereby authorized and directed to enter into an agreement for the County election division to undertake the election on behalf of the Election Official, and to provide for the reimbursement by the City of the costs of the County in connection with the election. The Election Official, the City Manager and all the members of the City Council and officers of the City, and their designees, are hereby authorized and directed to execute and deliver any documents and to perform all acts necessary to place the measure on the ballot, including making any revisions, correction or alternations to the language of the ballot measure to comply with requirements of law and the County election division, and to ensure that the applicable requirements of the Elections Code are met, including without limitation the preparation and provision to the voters of all documents and instructions required by and specified in the California Elections Code. The City Council understands that the County election division will provide a 28-day drop box and a one-day vote center on the Election Day, will send out the ballots on or about February 7, 2023, and will conduct a hand count of the ballots properly received, all in accordance with applicable law and the procedures of the County election division.

Section 7. Impartial Analysis. The City Council directs the Election Official to submit to the City Attorney a copy of the measure, and the City Attorney is hereby authorized and directed to prepare an impartial analysis of the ballot measure. The impartial analysis shall be Item #8.1.

Page 193 of 237 ends

3 submitted by the City Attorney to the Election Official on or before Monday, December 12, 2022 at 5:00 p.m., shall not exceed 500 words in length, and otherwise shall comply in all respects with the applicable provisions of the Elections Code.

Section 8. Arguments For and Against. The last day for filing direct arguments for or against the measure shall be Friday, December 16, 2022 at 12:00 p.m., and all such arguments shall be filed with the Election Official at the City Hall of the City, and shall not exceed 300 words in length. Each argument shall be filed with the Election Official, signed, and include the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. The arguments shall be accompanied by the “Form of Statement to be filed by Author(s) of Argument” as provided by the Election Official. Arguments received prior to the deadline shall be confidential until the deadline. The Election Official, upon receipt of arguments and after the filing deadline, shall immediately transmit copies to any known opposing parties who may then submit rebuttals within the time period described below.

Section 9. Rebuttal Arguments. The last day for filing rebuttal arguments for or against the measure shall be Thursday, December 22, 2022 at 12:00 p.m., and all such arguments shall be filed with the Election Official at the City Hall of the City and shall not exceed 250 words in length. The rebuttal arguments shall be accompanied by the “Form of Statement to be filed by Author(s) of Argument” as provided by the Election Official. Arguments received prior to the deadline shall be confidential until the deadline.

Section 10. Review Periods. Pursuant to Section 9295 of the California Elections Code, there shall be a 10-day public review period for the impartial analysis, arguments submitted for or against the measure, and rebuttal arguments, respectively.

Section 11. Local Bond Measure. The City Council hereby finds that the proposed issuance of bonds and other debt for the CFD constitutes a “local bond measure” within the meaning of Sections 53410, et seq. of the California Government Code. As a result, the bond measure shall include the measure set forth above and the following: (a) the specific purpose of the bonds and other debt shall be as set forth in the measure; (b) any proceeds received from the sale of any bonds and other debt shall be applied only to the purposes set forth in the measure; (c) the proceeds of any bonds and other debt shall be deposited into special accounts to be created therefor as part of the issuance of the bonds and other debt; and (d) the City shall cause a report to be prepared annually under Section 53411 of the Government Code.

Section 12. Accountability Provisions. Under Section 50075.1 of the Government Code, the following accountability provisions shall apply to the special tax: (a) the provision and/or acquisition of the Facilities and the Services, the payment of debt service on the bonds and other debt issued or incurred for the CFD and the incidental costs thereof, all as defined in the Resolution of Formation, shall constitute the specific purpose of the special tax; (b) the proceeds of the special tax shall be applied only to the specific purpose identified in (a) above; (c) there shall be created special account(s) or funds(s) into which the proceeds shall be deposited; and (d) there shall be caused to be prepared an annual audit and report of the CFD pursuant to Section 50075.3 of the Government Code.

Section 13. Effective Date. This Resolution shall take effect upon its adoption.

Item #8.1.

Page 194 of 237 ends

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
______________________________ ______________________________ Marni Rittburg, CMC, City Clerk Chris Canning, Mayor
Item #8.1.

Page 195 of 237 ends

RESOLUTION NO. 2022-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA

APPROVING ARGUMENT IN FAVOR OF CFD SPECIAL TAX MEASURE
WHEREAS, on the date hereof, the City Council of the City of Calistoga (the “City”) adopted “A Resolution of the City Council of the City of Calistoga Calling Special Election for City of Calistoga Community Facilities District No. 2022-1 (Fairgrounds Acquisition and Maintenance),” pursuant to which a special election was called for March 7, 2023 on the issues of the levy of the special tax, the incurring of bonded indebtedness and the establishment of the appropriations limit for the City of Calistoga Community Facilities District No. 2022-1 (Fairgrounds Acquisition and Maintenance) (the “CFD Special Tax Measure”); and WHEREAS, the City Council wishes to submit a written argument in favor of the CFD Special Tax Measure.

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

Section 1. Approval of Argument in Favor. Pursuant to Section 9282(b) of the Elections Code, the City Council hereby authorizes and approves the filing of the following written argument in favor of the CFD Special Tax Measure For almost a century the Fairgrounds has been integral to the life of Calistogans. This unique resource in the center of town helped us build community and connect with neighbors and visitors alike. Its recreational activities made our small town unique and renowned. This ballot measure is an opportunity for us to take control of that resource, and to fashion a fairground that will serve us all for years to come.

Historically, these 70 acres hosted the Napa County Fair, delighting generations of families. It provided opportunities for golfing and for sprint car races famous throughout the West. Its RV Park held wide appeal for yet another constituency. And of course, the event buildings were the site of countless community gatherings such as fund-raisers and quinceaneras. Not least of all, the fairgrounds are a critical emergency center that has accommodated refugees from wildfires as well as an army of firefighters to protect our county. In the future, these traditional activities could be continued—or imaginative new activities undertaken!
Aware of our community’s abiding interest in the benefits of the fairgrounds, the Calistoga City Council negotiated an agreement to buy the property from the County. The proposed bond will raise the funds needed not only to buy the property, but also to significantly improve its usefulness. It is designed so that all sectors of town—residents, businesses, vacant land—participate in the purchase. The tax cannot be increased; however, as funds become available (e.g., from fundraising, donations, fairgrounds revenues) it may be decreased.

A functioning fairground makes Calistoga unique. It appeals to visitors and benefits residents. It promotes health and community cohesion. It enhances our environment. It encourages social ties, neighborly interaction, and a strong safe town. Your vote of approval can make it happen.

Item #8.1.

Page 196 of 237 ends

2 Section 2. Effective Date. This Resolution shall take effect upon its adoption.

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
______________________________ ______________________________ Marni Rittburg, CMC, City Clerk Chris Canning, Mayor
Item #8.1.

Page 197 of 237 ends

December 5, 2022
Calistoga City Council
1232 Washington St
Calistoga, CA 94515
Re: Fairgrounds Acquisition - Proposed Tax Increase
Dear Honorable Council Members:

We are writing to provide our comments and concerns related to the proposed resolution to create a Community Facilities District ("CFD") for the purpose of acquiring the Fairgrounds Property from Napa County. We understand that the City intends to issue bonds to pay for the cost of the acquisition, capital improvement, and ongoing maintenance for the Fairgrounds Property and to create a related special commercial tax for certain property owners within the community.

While we support the proposed acquisition of the Fairgrounds Property, and believe that the acquisition will help revitalize the center of town, we have some concerns about how the City has proposed to pay for this acquisition. This includes the proposed special tax of $1.42 per square foot of building for Lodging Properties. We would appreciate it if you could help us by answering the following questions:

1. How will the "Building Square Foot" for Lodging Properties ("BSF") be determined? Will the BSF be based solely upon the improved base footprint of a structure or will it also include the square footage on all levels of that structure? Is there a difference between primary "public" space versus supplemental "back of house" spaces?

2. For Lodging Properties, will any areas within a lodging structure be treated differently for purposes of calculating the applicable square footage to which the tax is applicable i.e. will back of the house areas be included and treated in the same manner as public spaces accessible by guests?

3. Will all areas within a Lodging Property be taxed solely under one category, or will there be different treatment for different types of use? For example, if there are mixed uses such as lodging, a restaurant, wine tasting facilities, and meeting space, would all of these areas be subject to the Commercial Tax? Or would only the actual square footage of the rooms area be subject to the Lodging Tax?
item No. . Mmmga‘? Add.i'nalW'tin l2.%-
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Re: Fairgrounds Acquisition — Proposed Tax Increase
December 5, 2022
Calistoga City Council
1232 Washington St
Calistoga, CA94515
Dear HonorableCouncilMembers:

We are writing to provide our comments and concerns related to the proposed resolution to create a Community FacilitiesDistrict ("CFD“)for the purpose of acquiring the Fairgrounds Property from Napa County. We understand that the City intends to issue bonds to pay for the cost ofthe acquisition, capital improvement, and ongoing maintenance for the Fairgrounds Property and to create a related special commercialtax for certain property owners withinthe community.

While we support the proposed acquisition ofthe Fairgrounds Property, and believe that the acquisition will help revitalizethe center of town, we have some concerns about how the City has proposed to pay for this acquisition. This includesthe proposed special tax of $1.42 per square foot of building for Lodging Properties. We would appreciate it if you could help us by answering the following questions:

1. How will the "Building Square Foot" for LodgingProperties (”BSF“)be determined? Willthe BSF be based solely upon the improved base footprint ofa structure or will it also includethe square footage on all levels of that structure? Isthere a difference between primary ’’public’’space versus supplemental “back of house” spaces?

2. For Lodging Properties, willany areas within a lodging stmcture be treated differently for purposes of calculating the applicable square footage to whichthe tax is applicable i.e. will back of the house areas be included and treated in the same manner as public spaces accessibleby guests?

3. will all areas within a Lodging Property be taxed solely under one category, or will there be different treatment fordifferent types of use? For example, ifthere are mixed uses such as lodging, a restaurant, wine tasting facilities, and meeting space, would allof these areas be subject to the CommercialTax? Or would only the actual square footage of the rooms area be subject to the LodgingTax?
7/Z
Item #8.1.

Page 198 of 237 ends

4. How did the City make its determination to assess $0.25 per Lot Square Foot for Commercial & Industrial Property versus $1.42 per Building Square Foot for Lodging Property. The proposed Lodging Property rate is approximately 6 times the proposed rate for Commercial & Industrial Property. This significant rate difference could be further magnified if t he applicable square footage is based upon total building square footage versus total lot size.

We would appreciate you help in providing answers to the questions above in order to help us better understand how the proposed special tax will impact our property.

Sincerely
~Jf/t,
Aaron Harkin
Calistoga Hills Resort LLC

4. How did the City make its determination to assess $0.25 per Lot Square Foot for Commercial& IndustrialProperty versus $1.42 per Building Square Foot for Lodging Property. The proposed Lodging Property rate is approximately 5 times the proposed rate for Commercial& Industrial Property. Thissignificant rate difference could be further magnified ifthe applicable square footage is based upon total building square footage versus total lot size.

We would appreciate you help in providing answersto the questions above in order to help us better understand how the proposed special tax will Impact our property.

Sincerely
u /
\
’\/\
Aaron Harkin
Calistoga HillsResort LLC
Item #8.1.

Page 199 of 237 ends

Additional wi;_z.-2-
Meeting of~ Item No. -:z_ Distributed on atS 'jZ.&, · 1; December 5, 2022
Calistoga City Council
1232 Washington St
Calistoga, CA 94515
RE: Fairgrounds Acquisition
Dear Honorable Mayor and City Council Members,

RECEIVED
D£C 6 2022
CliYCLERK
Thank you for the opportunity to comment on behalf of the Four Seasons Resort Napa Valley regarding the proposed acquisition of the Fairgrounds Property from Napa County.

We respect the work the City Council has done over the last six years to pursue the acquisition of the Fairgrounds property. However, we are deeply concerned with the ambiguity of the plans for the Fairground and the proposed source of funding. Furthermore, based on the extensive footprint of our resort and the very significant investment that was incurred to deliver a world-class resort in Calistoga, the proposed plan perversely burdens our resort with a disproportionate share of the cost to subsidize the purchase.

Currently, local hotels are projected to contribute 55.4% ($9.6m) of revenues to the 2022/23 budget year general fund. While these revenues are perceived as taxes on hotel visitors, the hotel community invests millions of dollars annually to ensure that these guests choose Calistoga over other destinations.

In an earlier meeting, Scott Atkinson cautioned Council not to lock into the Bond measure as the only way to finance the purchase. He believes that the Fairgrounds can and should be self-sustaining. At the same meeting, Suzanne Yang expressed concern that there is no viable business plan to make the Fairgrounds financially sustainable. We believe that both Scott and Suzanne reflect the sentiment of many stakeholders within the community.

When you discuss the Fairgrounds acquisition, we respectfully request you listen to the arguments that have been brought before you.

Please press pause on the process now and develop a plan to make the acquisition and continued operation of the Fairgrounds selfsustaining.

Sincerely,
Mehdi Eftekari
Four Seasons Resort Napa Valley
AHMOIIEI Wri "E5
Meetingof - &a__L7—-
item No. 7_ DistributedMI is 75
December 5, 2022
Callstaga CityCouncil
1232 Washington St
Calistoga, CA94515
RE:Fairgrounds Acquisition
Dear Honorable Mayor and City Council Members,
Thank you for the opportunity to comment on behalf of the Four Seasons Resort Napa valley regarding the proposed acquisition of the Fairgrounds Property from Napa County.
we respect the work the City Council has done over the last six years to pursue the acquisition of the Fairgrounds property. However, we are deeply concerned with the ambiguity of the plans for the Fairground and the proposed source oi funding. Furthermore, based on the extensive footprint of our resort and the very signi?cant investment that was incurred to deliver a world-class resort in Calistoga, the proposed plan perversely burdens our resort with a disproportionate share ofthe cost to subsidize the purchase.

Currently, local hotels are projected to contribute 55.4% ($9.6m) of revenues to the 2022/23budget year general fund. While these revenues are perceived as taxes on hotel visitors, the hotel community invests millions of dollars annually to ensure that these guests choose Calistoga over other destinations.

In an earlier meeting. Scott Atkinson cautioned Council not to lock into the Bond measure as the only way to ?nance the purchase. He believes that the Fairgrounds can and should be self-sustaining. At the same meeting, Suzanne Vang expressed concern that there is no viable business plan to make the Fairgrounds financially sustainable. We believe that both Scott and Suzanne re?ect the sentiment of many stakeholders within the community.
when you discuss the Fairgrounds acquisition, we respectfully request you listen to the arguments that have been brought before you.

Please press pause on the process now and develop a plan to make the acquisition and continued operation of the Fairgrounds selfsustaining.

Sincerely
/:A/tz/
Mehdi Eftekari
Four Seasons Resort Napa Valley
Item #8.1.

Page 200 of 237 ends

Marni Rittburg
From:

Sent:

To:

Subject:

Michelle Johnson
Monday, December 5, 2022 10:56 AM
Public Comment; Chris Canning; Laura Snideman; [email protected]; [email protected]; [email protected]; Donald Williams; [email protected]
Calistoga Raceway
CAOTION: 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 and County Officials,
We are so hoping that you will again bring back racing to Calistoga Raceway. It is a destination event for us. We drive up from Los Angeles and love the charm and beauty of you city and the history and excitement of the raceway. There are no other places like Calistoga Raceway and we miss it so much.

Please work to let the return of racing there come back.

Thank you,
Matt and Michelle Johnson
1 Addiiionzlwn rigs
Meclingof i , .22
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Distnbutedn
From: Michelle Johnson -
Sent: Monday, December 5, 2022 10:56 AM
To: PublicComment; Chris Canning; Laura Snideman: [email protected]; [email protected]; [email protected];DonaldWilliams; [email protected]
Subject: Calistoga Raceway
Thisefvjalloriginatedf ‘miojivI e rifthe bifganixatiuh. Dtfn’otclicklinksor open altaéhmentfliiiless yéuiedognlie the, _senderangiknow the contentis safe. V 7 -
Dear City and County Of?ciais,
We are so hoping that you willagain bring back racing to Caiistoga Raceway. Itis a desiination event for us. We drive up from Los Angeles and love the charm and beauty of you city and the history and excitement of the raceway. There are no other places likeCalistoga Raceway and we miss itso much.

Please work to let the return of racing there come back.

Thank you,
Mattand MichelleJohnson
Item #8.1.

Page 201 of 237 ends

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Jeff Mitchem, Planning & Building Director
Meeting: City Council - Dec 06 2022
Subject: Municipal Code Amendments Regulating Reusable Foodware and Waste Reduction
DESCRIPTION:

Consideration of proposed amendments to the Calistoga Municipal Code to include new regulations governing the use of reusable and disposable foodware to encourage waste reduction within the City of Calistoga (City).

RECOMMENDATION:

Provide direction to staff regarding the applicability of the draft Municipal Code Amendments as presented and any other regulations.

BACKGROUND/SUMMARY:

State Initiatives
In October 2021, the State of California passed Assembly Bill 1276 prohibiting a food facility from providing any single-use foodware accessory or standard condiment to a consumer unless requested by the consumer and requiring cities to authorize enforcement of the requirements of the bill on or before June 1, 2022. Since then, several cities in Napa and Sonoma Counties have adopted ordinances enforcing the requirements of AB 1276 and have expanded the requirements to all noncompostable and non-recyclable products. According to the EPA, in 2018 only 8.7 percent of plastics in the United States were recycled, which contributes to approximately 8 million tons of plastic that end up in the oceans annually , and food and beverage packaging comprise approximately onequarter of California’s disposed waste stream annually . Greenhouse gas emissions from plastics alone exacerbate climate change, jeopardizing our ability to keep the global temperature rise below

1.5˚C . Over the last year, the Green Committee has encouraged the city to draft a foodware ordinance to further regulate the use of non-compostable and non-recyclable products currently used by food vendors for disposable foodware due to their significant environmental impacts. These impacts include littering waterways and streets, generating greenhouse gasses, harming wildlife, and increasing solid waste generation and water consumption during manufacturing.

Local Initiatives
A few businesses within the City have already started the transition from non-compostable and nonrecyclable foodware products to reusable and/or compostable and recyclable products. Earlier this year, Calistoga City Council approved Resolution 2022-054, defining the Green Committee’s role, duties, and responsibilities for FY 22-23. This included advising the City Council on matters relating to policies and programs which will serve to create and implement the Napa County Regional Climate Action Plan and other sustainable programs identified by the City Council from time to time, such as drafting the Reusable Foodware and Waste Reduction Ordinance.

Item #9.1.

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The Green Committee researched local foodware ordinances and worked with staff to draft the Reusable Foodware and Waste Reduction Ordinance (Ordinance) to regulate reusable and disposable foodware that is both workable and tailored to meet the needs and expectations of Calistogans. On November 8, 2022, at a duly noticed public meeting, the Green Committee voted unanimously (5-0) to recommend the attached Ordinance to the Calistoga City Council. In general, the regulations recommended by the Green Committee would:
• Take effect one year from City Council approval to provide sufficient time for business owners to secure a supply of acceptable foodware.
• Apply to food providers in Calistoga, which includes any store, shop, sales outlet, restaurant, vendor, business, non-profit, organization, entity, group, or person that provides prepared food. • Ban the use of polystyrene foodware and single-use plastic foodware items and to require the use of reusable and/or compostable foodware, unless exempt per CMC 8.17.50 (see Exhibit A).
• Require single-use foodware accessories and condiments packaged for single use to be provided only if requested by the consumer, in compliance with the requirements of California Assembly Bill 1276 (2021).
• Update Chapter 8.16 Garbage and Refuse (see Exhibit B) in the interest of clarity and consistency throughout the Municipal Code in regard to waste reduction. • Update the City’s Administrative Policy (see Exhibit C) to provide consistency with the ordinance.

City Policy
As provided in Exhibit C, City policy will indicate that the Planning and Building Department will work with the Green Committee and community to establish a public education campaign regarding the ordinance, including notice to food providers of its provisions, means of compliance, and penalties for noncompliance, prior to its effective date. Regarding the City’s purchasing policies, they would be amended for consistency with the Ordinance and will include a provision that the City will not sponsor or co-sponsor events that are in violation of the Ordinance. As the use of City facilities requires a Special Event Permit, a condition will require contracting parties to prevent the use of polystyrene foodware and products or plastic bottled beverages.

Outreach
The Green Committee in coordination with the Foodware Study Group has spent a considerable amount of time leading the outreach and education campaign in anticipation of the draft Ordinance.

In 2021, several surveys were conducted with food vendors via the Calistoga Chamber of Commerce, Napa Climate Now, and at the Farmers Market over multiple Saturdays. A letter was hand-delivered to every food vendor in Calistoga informing them that ‘green’ regulations around reusable and disposable foodware products were being proposed. Food vendors were both invited to participate in a survey that was provided in the letter and to send any additional input to the Green Committee for consideration. As previously mentioned, several food vendors shared that they’ve already adopted ‘green’ practices within their businesses, where some having written support letters to the Calistoga Tribune. A support letter for Calistoga’s efforts in regulating the use of non-compostable and nonrecyclable products has grown to approximately 750 signatures from signees with Calistoga mailing addresses , including 10 known food vendors within City limits.

In addition, the Foodware Study Group undertook a Bring-Your-Own-Cup campaign in September 2022 with local take-out coffee vendors. They printed flyers for coffee vendors’ windows and/or to be placed at the cash registers and included the flyer in an issue of the Calistoga Tribune along with a letter to the editor. Most coffee vendors participated, and a small number even indicated they offered a discount to customers.

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The Green Committee anticipates working with staff to publish a list of FAQs in English and in Spanish, working with staff to put information on the City website, writing letters to be published in the local papers, continuing to have a table at the Farmers Market, and performing other outreach and education as appropriate. Staff anticipates that with Council approval, such a program could be in place by Summer 2023, which is six (6) months before the reusable and disposable foodware regulations contemplated by the proposed Ordinance would go into effect.

CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:

This action would be broadly consistent with Council Goal 6: Create an environmentally sustainable community. Specifically, it would be in furtherance of Objectives 1 and 2 under Goal 6: Implement “green” environmental sustainability policies and initiatives and reduce greenhouse gas emissions.

CEQA STATUS:

This action will not have a significant effect on the environment in accordance with the California Environmental Quality Act (CEQA) and is exempt under Section 15061 (b)(3) of the CEQA Guidelines.

FINANCIAL IMPACT:

The City Council previously allocated $35,000 to Acct No. 01-4107-4568 as part of the FY 22-23 budget for the implementation of Green Committee initiatives, which includes drafting the Reusable Foodware and Waste Reduction Ordinance. Funds associated with the Ordinance will be used primarily to draft the ordinance and print associated outreach materials. The other financial impact would be for relatively minimal staff time needed to assist the Green Committee with outreach efforts to continue educating business owners and monitoring compliance.

ATTACHMENT(S):

Exhibit A - Foodware Waste Reduction Ordinance
Exhibit B - Revisions to Chapter 8.16 Garbage and Refuse - FINAL Exhibit C - Public Property Policy, Foodware
PPT Foodware Waste Reduction 20221206
APPROVAL(S):

Laura Snideman, City Manager Approved - Nov 29 2022
Marni Rittburg, City Clerk Approved - Nov 29 2022
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ATTACHMENT 1
ORDINANCE NO. XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CALISTOGA AMENDING CALISTOGA MUNICIPAL CODE TITLE 8,
HEALTH AND SAFETY, ADDING A NEW CHAPTER 8.17

REGULATING REUSABLE FOODWARE AND WASTE REDUCTION

WITHIN THE CITY OF CALISTOGA
WHEREAS, the Calistoga Green Committee at its regular June 14, 2022 meeting discussed and recommended the proposed municipal code amendments to the Calistoga City Council; and
WHEREAS, greenhouse gas emissions from plastics exacerbate climate change, jeopardizing our ability to keep the global temperature rise below 1.5˚C1; and WHEREAS, according to the EPA, in 2018 only 8.7 percent of plastics in the United States were recycled, which contributes to approximately 8 million tons of plastic that end up in the oceans annually2, and
WHEREAS, without action, scientists estimate that by 2050 the mass of plastic pollution in the ocean will exceed the mass of fish3; and WHEREAS, food and beverage packaging comprises approximately one-quarter of California’s disposed waste stream annually4; and
WHEREAS, products made from lightweight plastic materials such as expanded polystyrene foam are not biodegradable, returnable, or recyclable, and easily break up into smaller pieces and, because it is lightweight, may be carried by the wind even when it has been disposed of properly; and
WHEREAS, eliminating the use of polystyrene foam and other non-compostable and non-recyclable items will extend the operating life of our landfills and will lessen the economic and environmental costs of waste management for both businesses and citizens; and
WHEREAS, disposable plastic bottles have significant environmental impacts including littering waterways and streets, generating greenhouse gasses, harming wildlife, increasing solid waste generation and water consumption during manufacturing; and
WHEREAS, the production, consumption, end-use, and disposal associated with disposable foodware, typically used for only a few minutes before being discarded, have significant environmental impacts, including environmental contamination, consumption of precious resources, emissions of greenhouse gases, air and water pollution, litter on streets, harm to wildlife, and plastic pollution in waterways and oceans; and 1 https://www.ciel.org/reports/plastic-health-the-hidden-costs-of-a-plastic-planet-may-2019/ 2 http://www3.weforum.org/docs/WEF_The_New_Plastics_Economy.pdf 3 Id.
4 https://www2.calrecycle.ca.gov/PublicNotices/Documents/8345 Item #9.1.

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WHEREAS, the most effective ways to reduce the negative environmental impacts of disposable foodware include, in order of priority, using reusable foodware, and using natural fiber-based compostable materials; and WHEREAS, compostable products use natural resources such as water, paper, and energy in their production, transportation, use and end of life, and offer superior alternatives to non-compostable and non-recyclable products currently used for disposable foodware; and
WHEREAS, the City of Calistoga is committed to combating climate change and to its duty to protect the natural environment, the local economy, and the health of its citizens; and
WHEREAS, the limitations proposed on the use of disposable foodware, specifically by food vendors and food providers, are in furtherance of the Goals of the Calistoga Climate Action Plan and the Calistoga General Plan; and WHEREAS, the City of Calistoga has adopted a goal of net-zero carbon emissions by 2030 and this action would be in furtherance of that goal; and WHEREAS, the proposed Ordinance would be in furtherance of Council Goal 6:

Create an environmentally sustainable community; and
WHEREAS, in October 2021, the State of California passed Assembly Bill 1276 prohibiting a food facility from providing any single use foodware accessory or standard condiment, as defined, to a consumer unless requested by the consumer, and requiring cities to authorize enforcement of the requirements of the bill on or before June 1, 2022; and
WHEREAS, this ordinance would incorporate the language required under Assembly Bill 1276; and
WHEREAS, during its review, the City Council considered the public record, including the staff report, findings, and any written materials and testimony presented by the public during the hearing.

NOW, THEREFORE, THE CALISTOGA CITY COUNCIL DOES HEREBY
ORDAIN AS FOLLOWS:

SECTION ONE
Findings: The above recitals are incorporated herein as if set forth herein in full and each is relied upon independently by the City Council for its adoption of this Ordinance.

SECTION TWO
Code Amendment: Chapter 8.17 of Title 8, “Health and Safety” of the Calistoga Municipal Code is hereby added in its entirety as set forth in the attached Exhibit “A”.

SECTION THREE
Item #9.1.

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Environmental Review. The City Council has considered all of the evidence in the record, including the staff reports, public petition, and Green Committee advice, and hereby determines that this Ordinance is exempt from review under the California Environmental Quality Act (CEQA). Pursuant to Section 15061(b)(3) of the CEQA Guidelines, CEQA applies only to projects which have the potential for causing a significant effect on the environment. This Ordinance will not result in a significant foreseeable environmental impact.

SECTION FOUR
Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective.

SECTION FIVE
Effective Date. This Ordinance shall take effect one (1) year from the date this Ordinance is adopted by the City Council, shall be published in accordance with the law, in a newspaper of general circulation published and circulated in the City of Calistoga.

SECTION SIX
Publication. The City Clerk is directed to cause this Ordinance to be published in the manner required by law.

THIS ORDINANCE was introduced with the first reading waived at the City of Calistoga City Council meeting on the ## day of Month 2022, and was passed and adopted at a regular meeting of the Calistoga City Council on the ## day of Month 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:
____________________________ __________________________ Marni Rittburg, CMC, City Clerk Chris Canning, Mayor
Dated:___________________
Item #9.1.

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Exhibit “A”
Chapter 8.17 REUSABLE FOODWARE AND WASTE REDUCTION

8.17.010 Purpose.

It is the intent of the City of Calistoga in enacting Chapter 8.17 to eliminate the use of Polystyrene Foodware and single use plastic Foodware items and to require the use of Reusable, or Compostable, food containers by Food Providers and Customers in Calistoga. Additionally, it is the intent of this Chapter to comply with the requirements of California Assembly Bill 1276 (2021) and to require single use Foodware Accessories and Condiments packaged for single use to be provided only if requested by a Consumer.

8.17.020 Definitions.

For purposes of this chapter, the terms in this section shall have the following meaning:

A. “BPI Certified” means those Compostable fiber Foodware products that have been certified by the Biodegradable Products Institute (BPI) to safely and readily biodegrade in an industrial composting facility in the typical processing time. As of January 1, 2020, BPI ensures all certified products are fluorinated chemical free.

B. “City” means the City of Calistoga.

C. “City Facilities” means any building, structure, or vehicle owned or operated by the City, its agencies and departments, and the integrated waste franchisees that are located or operated within the City or by City contracted collection program(s).

D. “City Manager” means the City Manager of the City of Calistoga, or the City Manager's designee.

E. “Compostable” means that (1) all materials in a product, item, or packaging will break down, or otherwise become part of usable compost (e.g., soilconditioning material, mulch) in a safe and timely manner, as defined by City contracted collection program(s), (2) item is certified by either BPI Certified, or other third-party product certification recognized by the City, to ensure that the item is free of harmful chemicals, including but not limited to fluorinated chemicals that may have been used in Foodware manufacture, and (3) item is made entirely of Natural Fiber as defined in this chapter.

1. “Compostable” includes entirely Natural Fiber-based items except as Item #9.1.

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otherwise specified in this chapter.

2. “Compostable” includes Disposable Foodware utensils made from bamboo, birchwood, and other Natural Fiber material except as excluded in this chapter.

3. Currently “Compostable” shall not include Disposable Foodware utensils made from corn or potato.

4. “Compostable” shall not include items composed wholly or partially of plastic of any kind, including any form of Polylactic Acid (PLA), and/or plastic labeled “biodegradable” or “Compostable,” as these are not biodegradable by City contracted collection program(s).

5. “Compostable” shall not include lined or coated takeout coffee or other hot drink cups as they are currently not Compostable by City contracted collection program(s).

F. “Customer” means any Person obtaining Prepared Food from a Food Provider for on or off-site consumption.

G. “Disposable” means designed to be discarded after a single or limited number of uses and not designed or manufactured for long-term multiple reuse.

H. “Disposable Cup” or “Non-Reusable Cup” means a beverage cup designed for single use to serve beverages, such as water, cold drinks, hot drinks, and alcoholic beverages.

I. “Event Promoter” means an applicant for any special event permit issued by the City pursuant to Calistoga Municipal Code Chapter 5.18.

J. “Foodware” means all containers, coolers, bowls, plates, trays, cartons, cups, lids, straws, stirrers, utensils (forks, spoons, sporks, knives, chopsticks, etc.) napkins, condiment cups and packets, cocktail picks, toothpicks (and the packaging that these individual items are wrapped in, if any), cup sleeves, tops, and spill plugs. The term “Foodware” includes Foodware Accessories”.

K. “Food Provider" means any Food Vendor or Food Service Establishment.

L. "Food Service Establishment" means any Store, shop, sales outlet, restaurant, or other establishments, other than a restaurant, including but not limited to a grocery store, delicatessen, bakery, vehicle or mobile unit-based Vendor, drivein, coffee shop, cafeteria, short-order cafe, luncheonette, grill, sandwich shop, hotel, motel, movie house, theater, bed and breakfast inn, tavern, bar, cocktail Item #9.1.

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lounge, tasting room, nightclub, roadside stand, Takeout Food place, industrial feeding establishment, catering kitchen, commissary, special event, food market, produce stand, food stand, or similar place in which food or drink is prepared for sale, or for service on the premises or elsewhere, and any other establishment or operation where food is processed, prepared, stored, served or provided to Customers and that generates sales or use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5, commencing with Section 7200, of Division 2 of the California Revenue and Taxation Code).

M. “Food Vendor” means any restaurant, Vendor, business, non-profit, organization, entity, group, or Person that provides Prepared Food for retail, including a Food Service Establishment. Food Vendor includes all operations that carry a food permit from the Napa County Department of Environmental Health.

N. “Foodware Accessory” means Disposable Foodware items often provided with Prepared Food, including but not limited to knives, forks, spoons, sporks, chopsticks, napkins, cup sleeves, food wrappers, beverage trays, food wrappers, condiment containers, straws, stirrers, splash sticks, cocktail sticks, toothpicks, tray-liners, and plate-liners.

O. “Natural Fiber” means plant or animal-based, non-synthetic fiber that is Compostable, including but not limited to products made from uncoated paper, sugarcane, bamboo, wheat stems/stalk, hay, wood, etc. Natural Fiber shall not include items composed wholly or partially of plastic of any kind.

P. “On-Premises” means Customers who consume food or beverages on the property of a Food Provider.

Q. “Off-Premises” means Customers who do not consume food or beverages on the property of a Food Provider but takes the food elsewhere to consume (e.g. take-out, carry-away, left-overs, etc.).

R. “On Request” means at the request of a Customer.

S. "Person" means and includes a natural Person or legal entity, and the owners, majority stockholders, corporate officers, trustees, and general partners of a legal entity.

T. “Plastic Bottle” means a plastic container that has a neck that is smaller than the body of the container, accepts a screw-type, snap cap, or other closure, and has a capacity of sixteen fluid ounces or more, but less than five gallons, intended primarily as a single-service container.

U. “Polystyrene” means a thermoplastic petrochemical material utilizing a styrene Item #9.1.

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monomer and processed by various techniques such as fusion of polymer spheres (“expandable bead Polystyrene”), injection molding, form molding, and extrusion blow molding (“extruded foam Polystyrene”), blown Polystyrene and expanded and extruded foams (sometimes incorrectly called Styrofoam, a Dow Chemical Company trademarked form of Polystyrene foam insulation).

Polystyrene is generally used to make cups, bowls, plates, trays, clamshell containers, meat trays, egg cartons, and coolers.

V. “Prepared Food” means food or beverages that undergo a cooking or food preparation technique for consumption On-Premises or Off-Premises of a Food Establishment. Prepared Food shall not include raw, butchered meats, fish, and/or poultry sold from a butcher case or similar retail appliance.

W. “Recyclable” means material that can be sorted, cleaned, and reconstituted by City contracted collection program(s) for the purpose of using the altered form in the manufacturing of a new product.

1. “Recyclable” shall include glass bottles and jars, aluminum/tin/bimetal cans, bottles and trays, unlined paper products that are free of oils and/or food, and cardboard that is not coated.

2. Currently “Recyclable” includes plastic items with a Recycling code of 1 and/or 2 only.

3. “Recyclable” and/or “Recycling” shall not include burning, incinerating, converting, or otherwise thermally destroying solid waste.

4. “Recyclable” shall not include items that are composed wholly or partially of Polylactic Acid (PLA).

5. “Recyclable” shall not include lined or coated takeout coffee or other hot drink cups as they are currently not Recyclable by City contracted collection program(s).

X. “Reusable Foodware” means all Foodware specifically designed and manufactured to be washed and sanitized and to be used repeatedly over an extended period of time and is safe for washing and sanitizing according to applicable regulations.

EE. "Store" means any of the following retail establishments located within the geographical limits of the City that meets the following requirements:

1. "Supermarket" means a full-line, self-service Retail Store with gross annual sales of two million dollars ($2,000,000) or more, and which sells a Item #9.1.

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line of dry grocery, canned goods, or nonfood items, and some perishable items.

2. "Retail Store" means a Store with retail space that generates sales or use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5, commencing with Section 7200, of Division 2 of the Revenue and Taxation Code).

3. "Convenience Food Store" means any entity engaged in the retail sale of a limited line of goods that includes milk, bread, sodas, and snack foods including those Stores with a Type 20 or 21 licenses issued by the California Department of Alcoholic Beverage Control. (Ord. 1434, eff. 1/3/2014; Ord. 1440, eff. 6/19/2015. Formerly 5477).

FF. “Takeout Food” means food or beverages requiring no further preparation to be consumed and which generally are purchased to be consumed off the premises of the retail Food Vendor.

GG. “Vendor” means any Store or business which sells or offers for sale goods or merchandise, located or operating within the City, including “Food Providers.”

8.17.30 Foodware Standards.

A. On-Premises.

1. Food Providers, providing food and beverages consumed On-Premises shall provide only Reusable Foodware, except as exempted in this chapter.

2. Food Providers may provide Disposable Foodware Accessories which are made of Natural Fibers, including napkins, food wrappers, straws, stirrers, toothpicks, cocktail sticks, tray liners, and plate liners, for food and beverages consumed On-Premises, except as exempted in this chapter.

3. Food Providers shall offer condiments in reusable containers or dispensers rather than pre-packaged, single-use condiment packets for condiments consumed On-Premises and for self-serve stations, except as exempted in this chapter.

B. Off-Premises.

1. Food Providers shall provide Reusable Foodware or Disposable Foodware made of Natural Fibers for food and beverages consumed Off-Premises, except as exempted in this chapter.

2. Food Providers for delivery, Takeout, or curbside pickup shall provide Item #9.1.

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Disposable Foodware Accessories, which are made from Natural Fibers, and single-use condiments only On Request or at self-serve stations for food and beverages consumed Off-Premises. A Food Provider for delivery service may include lids, spill plugs, and sleeves without request for Disposable/NonReusable Cups as necessary for safe transport.

3. Food Providers shall provide convenient opportunities for Customers to affirmatively request Foodware Accessories across all ordering/point of sale platforms, including but not limited to web, smartphone, and other digital platforms, telephone, and in-person.

4. Food Providers shall only provide food bags that are customer-provided, paper, or Compostable.

5. Food Providers may use single-use plastic bags only for liquid food items, such as soup or other liquids, where there is a clear need to prevent leakage.

6. Food Providers shall provide plastic straws upon Customer request only as required to accommodate Persons with medical or other special or access needs.

C. Customer-provided reusable cups and other Foodware.

1. Customers are encouraged to use their own reusable cups for takeout drinks.

2. At their discretion, Food Providers may offer a discount to Customers who bring a reusable cup or other Foodware for Off-Premises consumption in accordance with the California Retail Food Code Section 114121 (a).

D. Polystyrene Disposable Foodware – Prohibited use and sale.

1. Food Providers are prohibited from providing Prepared Food to Customers in Polystyrene Foodware, except as exempted in this chapter.

2. Polystyrene Foodware shall not be sold, used, or provided by any Vendor or Event Promoter in the City, except containers that are wholly encapsulated or encased within a more durable material, such as Polystyrene-insulated reusable coolers, except as exempted in this chapter.

8.17.40 Record Keeping and Inspection.

A. Food Providers shall keep complete and accurate record or documents of the below items.

Item #9.1.

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1. Commencing on the effective date of this Ordinance, Food Providers shall keep complete and accurate records or documents of the purchase of the acceptable Disposable Foodware evidencing compliance with this chapter for a minimum period of three (3) years from the date of purchase.

2. The records shall be made available for inspection at no cost to the City Enforcement officials or representatives designated by the City during regular business hours. Unless an alternative location or method of review is mutually agreed upon, the records or documents shall be made available at the Food Providers address.

3. The provision of false or incomplete information, records, or documents to the City Enforcement officials or representatives designated by the City shall be a violation of this chapter.

B. City Enforcement officials or representatives designated by the City are authorized to conduct inspections and investigations of Foodware usage in any portion of the Food Provider’s premises to confirm compliance with this chapter by Food Providers, subject to applicable laws. Such inspections and investigations may include confirmation of proper Foodware usage or other requirements of this chapter described herein.

1. Any records obtained by the City and/or its designee during its inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.

8.17.50 Exemptions.

A. The following items or activities are exempt from the Disposable Foodware provisions set forth in this chapter:

1. Disposable Foodware composed entirely of aluminum or glass and is Recyclable.

2. Pre-packaged food that arrives at the premises of the Food Service Establishment in a container or wrapper and is not removed from the container or wrapper before its sale or distribution.

3. Repackaging of bulk food items in plastic bags for preservation and delivery purposes by government or charitable food distribution centers, such as food banks.

Item #9.1.

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4. Where suitable Compostable Foodware products that comply with the provisions of this chapter are unavailable, as in the examples provided, Vendors shall use Recyclable products if available. This exemption shall apply, (1) when needed to comply with State or County health code regulations, such as regulations requiring specified temperature be maintained for hot-table display, and (2) when no Compostable product is available that protects public health and safety such as the packaging of butchered meats, fish, and/or poultry sold from a butcher case or similar retail appliance as described in Section 8.17.020.BB, and (3) when the use of Composable products would be inappropriate for deli or grocery items such as sushi, salads, and cakes, requiring display packaging, Recyclable products shall be utilized unless no such product is available.

5. Bulk Disposable Foodware items sold by Vendors, excluding Bulk Disposable Foodware products made of Polystyrene.

B. The following items or activities are exempt from the Polystyrene prohibitions set forth in this chapter:

1. Pre-packaged food that arrives at the premises of the Food Provider in a container or wrapper and is not removed from the container or wrapper before its sale or distribution (e.g., ramen noodles in a Polystyrene cup or pre-packaged dried fruit or vegetables sold at a grocery Store.)

2. Polystyrene used at City Facilities, by City franchisees, contractors, and any Vendors doing business with the City in situations deemed by the City Manager or their designee to be an emergency and procuring and distributing emergency supplies and services for the immediate preservation of the public health, safety, and welfare.

3. Medical supplies and services.

4. Products made from Polystyrene that are wholly encapsulated or encased by more durable material. Examples include surfboards, boats, life preservers, craft supplies, coolers, and ice chests which are wholly encapsulated or encased by more durable material.

5. Construction products made from Polystyrene if the products are used in compliance with the City Code concerned with stormwater management and used in a manner that prevents the Polystyrene from being released into the environment.

C. The provisions set forth in this chapter shall not apply during periods of declared emergencies (i.e., fire, earthquake, flood, etc.).

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D. The provisions set forth in this chapter do not apply to a Special Event for which the Event Promotor submitted a complete application for review, or received approval, prior to the effective date of this Ordinance. Special Event applications submitted after the effective date of this Ordinance however do require compliance with this chapter.

8.17.60 Administration, enforcement, and penalties.

A. The City Manager or their designee shall have primary responsibility for the enforcement of this chapter. The City Manager or their designee is authorized to establish regulations and to take any and all action reasonable and necessary to obtain compliance including, but not limited to, inspecting the premises of any Food Provider to verify compliance.

B. Any Person who violates any provision of this chapter shall be considered guilty of an infraction for each offense and subject to those penalties as established by Resolution of the City Council.

C. In addition to any other remedy available, any violation of this chapter by any Person is subject to the following administrative fines pursuant to California Government Code Section 53069.4, and Chapter 1.08 (a) of this code in the amount not exceeding $100.00 for a first violation; a fine not exceeding $200.00 for a second violation of the same code section within one year; or a fine not exceeding $500.00 for each additional violation of the same code section within one year.

D. The City of Calistoga may seek legal, injunctive, or other equitable relief to enforce this chapter.

E. The remedies and penalties provided in this chapter are cumulative and not exhaustive, and nothing set forth in this chapter shall preclude the City from pursuing any other remedy provided by law.

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Exhibit B

8.16.010 Definitions.

A. “Commercial and business establishments” shall mean and include all hotels, motor courts, restaurants, offices or office buildings, stores, warehouses, factories and all other premises used for other than dwelling purposes.

B. “Contractor” shall mean any person (i.e. City contracted collection program(s)) authorized by the Council to collect garbage or rubbish from others within the City limits of said City in accordance with the provisions of CMC 8.16.070.

C. “Garbage” shall mean and include kitchen refuse, offal, swill, and other matter than attends the preparation, dealing in or handling of food-stuff. It also includes crockery, bottles, tin cans, combustible waste, trash, as defined in subsection (J) of this section, and all other refuse, other than sewage, except rubbish as defined in subsection (H) of this section.

D. “Natural Fiber” means plant or animal-based, non-synthetic fiber that is Compostable, including but not limited to products made from uncoated paper, sugarcane, bamboo, wheat stems/stalk, hay, wood, etc. Natural Fiber shall not include items composed wholly or partially of plastic of any kind.

E. “Organic waste” shall mean compostables, which entail (1) all materials in a product, item, or packaging will break down, or otherwise become part of usable compost (e.g., soil-conditioning material, mulch) in a safe and timely manner, as defined by the Contractor, (2) item is certified by either BPI Certified, or other third-party product certification recognized by the City, to ensure that the item is free of harmful chemicals, including but not limited to fluorinated chemicals that may have been used in Foodware manufacture, and (3) item is made entirely of Natural Fiber as defined in this chapter.

1. “Compostable” includes entirely Natural Fiber-based items except as otherwise specified in this chapter.

2. Currently “Compostable” shall not include products made from corn or potato.

3. “Compostable” shall not include items composed wholly or partially of plastic of any kind, including any form of Polylactic Acid (PLA), and/or plastic labeled “biodegradable” or “Compostable,” as these are not biodegradable by the Contractor.

4. “Compostable” shall not include lined or coated takeout coffee or other hot drink cups as they are currently not Compostable by the Contractor.

F. “Recyclable” means material that can be sorted, cleaned, and reconstituted by the Contractor for the purpose of using the altered form in the manufacturing of a new product.

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1. “Recyclable” shall include glass bottles and jars, aluminum/tin/bimetal cans, bottles and trays, unlined paper products that are free of oils and/or food, and cardboard that is not coated.

2. Currently “Recyclable” includes plastic items with a Recycling code of 1 and/or 2 only.

3. “Recyclable” and/or “Recycling” shall not include burning, incinerating, converting, or otherwise thermally destroying solid waste.

4. “Recyclable” shall not include items that are composed wholly or partially of Polylactic Acid (PLA).

5. “Recyclable” shall not include lined or coated takeout coffee or other hot drink cups as they are currently not Recyclable by City contracted collection program(s).

G. “Residential establishment” shall mean and include all single-family dwellings, flats, and apartments.

H. “Rubbish” shall mean and include all dry refuse such as tree trimmings, dead plants and lawn clippings.

I. “Solid waste” means all non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, and paper that does not fit under the definitions provided in subsection (E) Organic waste or (F) Recyclables of this section, and is not hazardous, radioactive, or medical waste, manure, or vegetable or animal solid and semisolid wastes.

J. “Trash” shall mean and include papers, paperboard boxes, scrap wood and other combustible packing materials.

8.16.080 Provision for receptacles.

A. All Commercial and business establishments who provide solid waste containers for customer use must provide separate receptacles for solid waste (nonrecyclable or non-compostable/organic materials), recyclables, and organic waste (compostables). Receptacles shall be colored black or grey for non-recyclable or non-compostable/organic materials, blue for recyclables, and green for compostables/organics or Rubbish.

B. To the extent possible given space restraints, solid waste, recyclable, and compost receptacles should be placed adjacent to one another.

C. Graphic-rich signage must be posted on or above each solid waste, recyclable, and compost receptacle following norms/guidelines of the City and/or City contracted collection program(s).

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EXHIBIT C
1 City of Calistoga
PP ___ – FOODWARE RELATED

PURCHASING & CONTRACTING PROCEDURES
I. OVERVIEW
In October 2021, the State of California passed Assembly Bill 1276 prohibiting a food facility from providing any single-use foodware accessory or standard condiment to a consumer unless requested by the consumer and requiring cities to authorize enforcement of the requirements of the bill on or before June 1, 2022. On January ___, 2023 the City Council adopted Ordinance XXX enforcing the requirements of AB 1276 and expanding the requirements to all non-compostable and non-recyclable products.

II. POLICY PURPOSE
The purpose of the Foodware Purchasing & Contracting (FP&C) Policy is to guide City decisions and actions implementing Ordinance XXX. The City desires to establish protocol guiding activity on public facilities in a manner consistent with the purpose and intent of Ordinance XXX.

III. POLICY
City Policies

1. Planning and Building Department shall work with the Green Committee and community to establish a public education campaign regarding the Reusable Foodware and Waste Reduction Ordinance, including notice to Food Providers of its provisions, means of compliance, and penalties for noncompliance, prior to its effective date.

2. The City may add and/or remove standards for Compostable products through an amendment to the Reusable Foodware and Waste Reduction Ordinance.

3. Regulations issued by the City Manager may in the future add or exclude specific products or product types considered compostable for purposes of the Reusable Foodware and Waste Reduction Ordinance should the commercial capability by City contracted collection program vendor(s) change and/or new technologies allow for the inclusion of additional products or product types as Compostable.

4. The City shall maintain on its website a list of suppliers that offer Foodware that complies with the standards set forth in the Reusable Foodware and Waste Reduction Ordinance, which shall be updated as needed, or at least yearly.

5. The City shall not have drinking water systems (i.e., vending machines) in City offices and facilities that use Plastic Bottled beverages of any size where sufficient alternatives exist and are feasible. City offices and facilities shall conform drinking water systems where reasonable.

City’s Purchasing Policies
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PP ___ – Foodware Related Purchasing and Contracting Procedures

1. The City’s purchasing policies shall be amended for consistency with the Reusable Foodware and Waste Reduction Ordinance.

2. The City shall not purchase any Disposable Foodware that does not comply with the Disposable Foodware standards set forth in the Reusable Foodware and Waste Reduction Ordinance, nor shall any City-sponsored event utilize non-compliant Foodware.

3. The City shall not purchase or acquire Polystyrene Foodware, containers, coolers, or ice chests except as allowed elsewhere in the Reusable Foodware and Waste Reduction Ordinance, for use at City Facilities, for City events, or otherwise in the conduct of City business.

4. The City shall not purchase Plastic Bottled beverages except as exempted or allowed in the Reusable Foodware and Waste Reduction Ordinance.

5. The City shall not sponsor or co-sponsor events at which Polystyrene Foodware or products are used or distributed by Event Promoters, Food Providers, and/or any other party, including nonprofit organizations. The City’s monetary contribution to such an event shall be refunded to the City if the City Manager determines that Polystyrene Foodware was used at the event in violation of the Reusable Foodware and Waste Reduction Ordinance.

6. Compliance shall be mandated via Special Event Agreements as authorized by Calistoga Municipal Code 5.18 Special Events.

City Facilities

1. Special Event Permits for use of City facilities shall be conditioned to require contracting parties to prevent the use or distribution of Polystyrene Foodware and products or Plastic Bottled beverages at the City facility.In instances of noncompliance by a project owner, a finding will be issued requiring corrective action taken by the project owner in the time specified. For the period of affordability, the project owner will maintain information demonstrating compliance with the requirements of this marketing plan.

For questions regarding this policy, plan and procedures, please contact the City of Calistoga Planning and Building Department at:

City of Calistoga
Planning & Building Department
1232 Washington Street
Calistoga, CA 94515
(707) 942-2827
(707)942-2831 FAX
[email protected]
www.ci.calistoga.ca.us
IV. POLICY AUTHORIZATION
The issuance of this PP ___ – FOODWARE RELATED PURCHASING & CONTRACTING PROCEDURES is authorized by:
___________________________________________
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PP ___ – Foodware Related Purchasing and Contracting Procedures Laura Snideman, City Manager
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Item #9.1.

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2 Municipal Code Amendments
Regulating Reusable Foodware
and Waste Reduction
City Council
December 6, 2022
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3 Background
• Single-use plastic
foodware products
• Several jurisdictions
have enacted bans
• Large contributor to
California’s plastic
waste
• AB 1276
• Local support
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4 Proposed Ordinance

1. Take effect January 2023

2. Ban the use of polystyrene foodware and single-use
plastic foodware items in Calistoga

3. Require the use of reusable and/or compostable
foodware, unless exempt per CMC 8.17.50

4. Apply to food providers in Calistoga, including any
store, shop, sales outlet, restaurant, vendor,
business, non-profit, organization, entity, group, or
person that provides prepared food

5. Update Ch. 8.16 & City’s Administrative Policy
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5 Financial Impact & Council Goal 6
• City Council has allocated $35,000
• Drafting Ordinance, outreach materials, & staff time
• Council Goal 6: Create an
environmentally sustainable
community
• Objective 1 & 2: Implement “green”
environmental sustainability policies &
initiatives & reduce GHG emissions
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City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Mitch Celaya, Chief
Meeting: City Council - Dec 06 2022
Subject: Party Noise Complaints
DESCRIPTION:

Report on Police response to party noise complaints to the City Council RECOMMENDATION:

Solicit input and direction from the city council regarding police response to party noise complaints.

BACKGROUND/SUMMARY:

City council requested a report on the perceived increase of party noise complaints and response by the police department. The calls for service data regarding noise complaints is broad and encompasses a variety of noise type complaints. The data collected consisted of date, time, location, and very brief call description of the noise complaint which ranged from music, mechanical noises, banging, alarms sounding, construction noise, yelling, leaf blower noises, etc.… In sorting through the data to try to identify party specific noise complaints a narrow search was conducted to specific identifiers of music or party noise occurring between 10 pm and 7 am.

A review of this activity occurring under these search parameters provided data that indicated a steady increase of party noise complaints over the past 3 years. In 2020 there were at least 33 community complaints of party noise, 46 complaints in 2021, and 48 complaints in 2022 between January and November 18, 2022. It should be noted that these are reported complaints to CPD by residents and may not capture the exact number of actual party noise incidents experienced by the community. The monthly average of complaints in 2020 was just under 3, in 2021 just under 4, and in 2022 (to November 18th) just under 5. In 2022 the highest number of complaints in a month was 10 in July and 9 in October. It appears a pattern of increased party noise complaints occurred in the months of June through October. The complaints occurred in the more densely populated residential areas across town and not in one particular area of town.

CPD’s response to noise complaints is always to educate, gain compliance, and issue verbal warnings for the first offense. In all cases, compliance was obtained and in some situations a 2nd response/warning was needed. As a result of the challenges to staff the Code Enforcement position, code enforcement letters and follow-up with offending party residences has not been consistent.

CPD can enforce noise complaints under the Penal Code Section of 415 (see attached description), but there are criteria that need to be met. An officer cannot have their peace disturbed and therefore cannot be the victim of a noise complaint. Enforcement can only be made by a citizen’s arrest. Also, the noise has to be done with malicious intent to disturb another’s peace. Enforcement using the penal code poses challenges when the reporting party does not wish to make a citizen’s arrest, or the caller Item #9.2.

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is or wishes to be anonymous. The officer can only corroborate the reporting party’s complaint regarding the unreasonableness and how it is disturbing the peace of the reporting party and others.

In short, section 415 of the California Penal Code is not always applicable.

The city has ordinances which can be more easily applied but also have their own challenges. Under Calistoga Municipal Code Chapter 8.20 (Nuisances) there are two sections that can be applicable to party noise issues, 8.20.010 CMC - Persistent Noise (see attached) and 8.20.020 CMC- General Noise (see attached).

Section 8.20.010 CMC addresses persistent noise or sound by human, animal, electrical, radio or mechanical means between 10 pm and 7 am that by its raucous nature disturbs the peace, quiet or comfort, or is injurious to the health of any person, constitutes a public nuisance. The restriction of this sections is that the noise prohibited by this section is between 10 pm and 7 am. The challenge in enforcing this section is determining that the noise is of a raucous nature to disturb the peace, quiet, or comfort.

Section 8.20.020 CMC has three sections addressing noise. Section “A” is specific to amplified sound or any mechanical device or instrument to intensify the noise in which the peace and good order of the neighborhood is disturbed. This section has a caveat which allows amplified sound if the amplified sound has been previously approved through an established permit process. The city does not currently have a permitting process for a private person or corporation to obtain an amplified sound permit. This makes this section challenging to enforce without an established permit process.

Section “B” is a general noise section that makes it unlawful for any person to willfully make or continue, or cause to be made or continued, any loud, unnecessary, or unusual noise which disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area. The challenge of enforcing this section is determining what is unreasonable as this can be subjective. There is guidance provided in Section “C”.

Section “C” provides guidance on what to consider when determining the applicability of Sections “A” or “B”. Section “C” does not provide an all-inclusive list of what shall be considered but lists 11 items to include but not limited to volume, intensity, nature of noise, background noise, proximity of noise to residences, nature and zoning of area, time of day, duration of noise, and whether it is produced by a commercial or noncommercial activity. This is a list of examples of what shall be considered and but not absolute in determining unreasonableness.

There are challenges in applying the described law and ordinances in particular to being consistent, fair, objective, and reasonable in enforcing noise complaint issues. Some of these challenges include but not limited to:
• - Determining what is unreasonable, obnoxious, and level of noise that is disruptive to the point that it disturbs the peace of neighbors is often subjective. • - Officer(s) believes the noise is not unreasonable based on the volume or time of day. • - Upon the officer(s) arrival on scene there is no noise, but the reporting party demands enforcement action but wishes to remain anonymous or made an anonymous report. • - The reporting party’s tolerance is zero and although they may have experienced numerous issues with a party offender this may be the first complaint made and wants enforcement action taken in addition to stopping the noise.
• - There are extreme noise levels which clearly disrupts the peace of neighbors but in some cases, what is disruptive to one neighbor is not disruptive to another. It is those situations where Item #9.2.

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the sound is not overly loud but due to the proximity to neighbors the noise can be heard by next door neighbors.

To be responsive to community noise complaints and consistent in our response and services, CPD is implementing the following process and procedures:

1. A Noise Report Form will be implemented, listing the items to be considered to determine unreasonable noise.

2. Responding officers will fill out the Noise Report Form, checking off which item(s) are/ have occurred or apply.

3. Officers will identify and document the individual responsible for the party in an incident report.

4. Officers will educate the party noise offender as to the applicable ordinances.

5. The incident report and Noise Report Form will be forwarded to Code Enforcement.

6. Code Enforcement will issue a letter to the party noise offender as well to the property owner if not the same. If the officer does not observe/witness the noise violation, the Notice of Violation Letter will be a reported notice of violation IF the noise violation is confirmed by the officer, the Notice of Violation letter will advise of the violation and state that a 2nd violation will result in an Administration Citation. The notice of violation will provide notice of the fine structure (1st citation $100, 2nd citation $200, 3rd citation $300, and additional citations $500 each).

7. CPD will review our Computer Aided Dispatch system (CADS) to determine how best to collect and better identify specific noise type complaints and responses. Ensure that premise history in the CADS shows noise violation responses for residences/locations.

CPD encourages feedback on this and other processes and welcomes the council and community input.

CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:

Suports and furthers the City Council's Goal of "Offer excellent professional services to all customers".

CEQA STATUS:

Not Applicable
FINANCIAL IMPACT:

NONE
ATTACHMENT(S):

CA Penal Code 415
Calistoga Municipal Code Chapter 8.20 Nuisances
APPROVAL(S):

Laura Snideman, City Manager Approved - Nov 28 2022
Marni Rittburg, City Clerk Approved - Nov 28 2022
Item #9.2.

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California Penal Code
Sec. 415
Any of the following persons shall be punished by imprisonment in the county jail for a period of not more than 90 days, a fine of not more than four hundred dollars ($400), or both such imprisonment and fine:
(1)
Any person who unlawfully fights in a public place or challenges another person in a public place to fight.
(2)
Any person who maliciously and willfully disturbs another person by loud and unreasonable noise.
(3)
Any person who uses offensive words in a public place which are inherently likely to provoke an immediate violent reaction.

CA Penal Code 415 – Disturbing the Peace
Most people are familiar with the term “disturbing the peace,” but not all understand its meaning and legal ramifications. You can face the charges for different reasons, ranging from a physical fight, verbal argument, or using offensive words.

Often, these charges lead to a simple violation punishable by a fine. However, you can also face misdemeanor charges that can land you a jail sentence. Furthermore, it’s common to find these charges accompanying more severe crimes.

So if you, a close family member, or acquaintance has been charged with this infraction, it’s in your best interest to seek a reliable attorney from our firm.

A Look Into Penal Code 415 PC
Those unfamiliar with the state’s legal environment may think of a homeless person yelling obscene words at passing motorists on a busy street. It may also conjure up thoughts that the charge is for the noisy neighbor playing their stereo too loud, disrupting their neighbors’ sleep.

But those who understand the state’s criminal justice system consider Penal Code 415 “catch basin for minor transgressions.” It’s the use of various low-level charges to negotiate plea bargains to help defendants avoid immigration or employment consequences or have criminal records for judgment lapse.

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California Penal Code 415 makes it illegal to do any of the following:
•Participate in an unlawful fight in a public space
•Challenge another person to fight unlawfully in a public place •Willfully or maliciously disturb another individual through unreasonably loud noise; or
•Use offensive words that’ll likely cause an immediate violent reaction Penalties for Disturbing the Peace Charges
Disturbing the peace is considered a “wobbler crime, “which means the prosecutor can file it as a misdemeanor or infraction crime. This decision is generally based on filing the case according to the incident’s circumstances and your criminal record.

If you’re charged for disturbing the peace as an infraction, you’ll pay a maximum fine of $250. But if you’re convicted of the crime as a misdemeanor infraction, you may spend up to three months in county jail and pay up to $400 in fines.

Suppose you committed the crime on school grounds and aren’t an employee or student at the institution. In that case, you’ll face misdemeanor charges which attract a maximum jail sentence of 90 days accompanied by a $400 fine.

But if you were previously charged under Penal Code 415 for the same crime or it’s your second crime in a school environment, you face up to three months’ county jail sentence or a $1,000 fine.

What Must the Prosecution Prove for a Penal Code 415
Conviction?
Various disruptive activities can attract disturbing the peace charges under Penal Code 415 PC. Each of the crime’s variations requires the prosecution to prove several unique factors.

Depending on your lawsuit’s circumstances, the prosecution must prove that you committed the following elements of Penal Code 415.

Unlawful Fighting
If your charges involve unlawful fighting, the prosecution must prove that you unlawfully and deliberately fought someone else or challenged them to fight in a public space.

Unreasonable Loud Noise
Suppose you allegedly went against California Penal Code 415 by making an unreasonably loud noise. In that case, the court must prove that you intentionally and maliciously disturbed those around you with loud and unreasonable noise.

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For the noise to disturb another person, it must have presented an immediate risk of violence or must have been used to disrupt lawful activities. Loud cheers, playing games, or music may not lead to these charges because the activities aren’t intended to disturb others and pose an immediate violence risk.

But if the police or a neighbor request you to cease the unreasonably loud noise, but you decline, you’ll likely face disturbing the peace charges, and the court would then determine whether you acted willfully and maliciously.

Using Offensive Words
If you’re facing this charge, the prosecution must prove that you publicly made offensive utterances likely to provoke an immediate violent reaction. The judge and jury determine “offensive words” on a case-by-case basis.

If you provoked an immediate violent response, you must have made a statement that prompted the other individual to respond violently.

1. How does California law define “disturbing
the peace”?
Penal Code 415 PC says that there are three ways a person can commit the crime of “disturbing the peace.” These are by:

1. unlawfully fighting in a public place,

2. disturbing someone with loud noise, and

3. using offensive words in a public place.1

1.1. Unlawful fighting – PC 415(1)
A prosecutor must prove the following to convict a defendant of disturbing the peace via a fight:

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1. the accused willfully and unlawfully fought another person (or challenged another person to a fight)2, and

2. the fight or challenge happened in a public place.
3 “Willfully” means a person did an act deliberately or on purpose.4 Note that a person is not guilty under this statute if he was acting in self-defense.

This is provided that the person using self-defense:

1. reasonably believed that he, or someone else, was about to suffer bodily harm,

2. reasonably believed that force was necessary for protection, and

3. used no more force than necessary to defend against the danger.5

1.2. Unreasonable noise – PC 415(2)
A person is guilty of PC 415(2) through unreasonable noise if two things are true.

These are:

1. he willfully and maliciously caused loud and unreasonable noise, and

2. the noise disturbed another person.6
“Maliciously” means a person acted with the intent to:
• do something wrongful, or
• annoy or injure someone else.7
In order to disturb another person by “causing loud and unreasonable noise,” there must be either:

1. a clear and present danger of immediate violence, or

2. the noise must be used for the purpose of disrupting lawful activities, rather than as a means to communicate.8
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Example: Keith is singing loudly in a motel hallway. This alone does not amount to a crime under PC 415(2) because there was no danger of violence or disruption of lawful activities.

However, a crime would likely occur if Keith saw a person being chased by the police and he shouted repeatedly for hotel guests to get out of their rooms. This is because the shouting was done to have the guests get in the way of the law enforcement officers and thereby disrupt them from apprehending the suspect (a lawful activity).

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Chapter 8.20

NUISANCES
Sections:

8.20.010 Persistent noise — Declared nuisance -— Abatement.

8.20.020 General noise regulations.

8.20.025 Construction activity ~ Noise — Prohibited hours.

8.20.030 Businesses offensive to senses prohibited.

8.20.040 Offensive premises prohibited.

8.20.050 Filth or rubbish on premises or in waterways prohibited.

8.20.010 Persistent noise - Declared nuisance — Abatement.

A. The persistent maintenance and emission of any noise or sound produced by human, animal, electrical, radio or mechanical means between the hours of 10:00 p.m., and 7:00 a.m., next ensuing, which by reason of its raucous or nerve-racking nature, disturbs the peace, quiet or comfort, or is injurious to the health of any person, constitutes a public nuisance.

B. Whenever the existence of any such nuisance comes to the attention of the Chief of Police, it shall be the Chiefs duty to notify in writing the occupant of the premises upon which said nuisance exists, specifying the measures necessary to abate such nuisance, and unless the same is abated within 48 hours thereafter the occupants so noti?ed shall be guilty of a violation of this chapter and the Chief of Police shall summarily abate such nuisance.

8.20.020 General noise regulations.

A. it is unlawful for any person, firm or corporation to use or operate or cause to be used or operated any mechanicai device, machine, apparatus or instrument for intensification or amplification of the human voice or any sound or noise, in any public or private place in such a manner that the peace and good order of the neighborhood is disturbed, or that persons owning, using or occupying the property in the neighborhood are disturbed or annoyed, uniess the amplification or intensification has been previously approved through an established permit process.

B. Notwithstanding any other provisions of this code, and in addition thereto, it is unlawfulfor any person willfullyto make or continue, or cause to be made or continued, any loud, unnecessary or unusual noise which disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivities residing in the area.

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C. in enforcing subsections (A) and (B) of this section, the standards which shall be considered in determining whether a violation of the provisions of this section exists shall include, but not be limitedto, the following:

1. The volume of the noise;

2. The intensity of the noise;

3. Whetherthe nature of the noise is usual or unusual;

4. Whether the origin of the noise is natural or unnatural;

5. The volume and intensity of the background noise, it any;

6. The proximity of the noise to residences;

7. The nature and zoning of the area within which the noise emanates;

8. The density of the inhabitation of the area withinwhich the noise emanates;

9. The time at which the noise occurs;

10. The duration of the noise;

11. Whether the noise is produced by a commercial or noncommercial activity. (0rd. 594 § 2, 2003; 0rd. 569 § 1, 2000).

8.20.025 Construction activity — Noise - Prohibited hours.

A. Itshall be unlawfulfor professional construction activity to occur on Sunday or between 7:00 p.m. and 7:00 a.m., any time during the week.

8. For the purpose of this chapter “professional construction activity" shall mean construction by any person other than:

1. An individualhomeowner working on that person’s primary residence;

2. A public utility in response to an emergency situation; or

3. City public works crew in response to an emergency situation or scheduled maintenance.

8.20.030 Businesses offensive to senses prohibited.
it is unlawfulfor any person to establish, maintain or carry on any business or occupation which is offensive to the senses or prejudicial to the health of the public or comfort of the inhabitants of the City, except as otherwise provided by law.

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8.20.040 Offensive premises prohibited.
it is unlawful for any person within the limits of the City to own or keep or conduct upon premises under that personscontrol:(1) any slaughterhouse or place where animalsare killed;or (2) place where animalsor meats are sold after being kilied; or (3) place where hogs or other animals are kept or may have been kept; or (4) privy vault, cesspool, or drainage, so that such slaughterhouse or any such place, or privy vault, cesspool or drainage accumulates filth or excrement or any deleterious substance to such degree as to become offensive to the senses, or injurious to the health, or so as to interfere with the comfortable enjoyment of life or property by any considerable number of persons or by an entire neighborhood.

8.20.050 Filth or rubbish on premises or in waterways prohibited. it is unlawfulfor any person to permit or allow any slop, garbage, offai, filth, or any thing that emits a smell which is offensive to the senses to be or remain upon that personspremises, or premises under control of such person. it is unlawfulfor any person to deposit any ashes, ?lth, offal, rocks, sticks, wood, manure, or other thing in any creek or conduit within the City or running through the City, so as to prevent the flow of water therein or in or upon the premises of another within the City without permission of the person in control of said premises.

The Calistoga Municipal Code is current through Ordinance 756, passed June 7, 2022.

Disclaimer: The city clerk’s office has the official version of the Calistoga Municipal Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above.

City Website: http://www.cl.calistoga.ca.us/
City Telephone: (707) 942-2800
Code Publishing Compg_r3y_
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Calistoga City CouncilDecember 6, 2022

Calistoga City Council
December 6, 2022