Calistoga City Council
January 17, 2023

Mayor
Donald Williams
Vice Mayor
Irais Lopez-Ortega
Councilmembers
Lisa M. Gift
Scott Cooper
Kevin Eisenberg
AGENDA
City Council - Regular Meeting
Tuesday, January 17, 2023 - 6:00 PM
Calistoga Community Center
1307 Washington Street, Calistoga, CA 94515
Hybrid

* COVID-19 NOTICE *

THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 54953 (AS AMENDED BY AB 361) WHICH AUTHORIZES TELECONFERENCED MEETINGS UNDER THE BROWN ACT DURING CERTAIN PROCLAIMED STATES OF EMERGENCY. THE GOVERNOR OF CALIFORNIA PROCLAIMED A STATE OF EMERGENCY RELATED TO COVID-19 ON MARCH 4, 2020.

THIS TELECONFERENCED MEETING IS NECESSARY SO THAT THE CITY CAN CONDUCT ESSENTIAL BUSINESS AND IS PERMITTED UNDER GOVERNMENT CODE 54953 IN ORDER TO PROTECT PUBLIC HEALTH AND SAFETY OF ATTENDEES.

City Councilmembers and staff essential to this meeting will be present at the meeting or may teleconference into the meeting.

Below is information on how the public may observe and participate in the meeting. The City recognizes that not all residents have the same ways to stay engaged, so several alternatives are offered as shown below:

1. Watch on your TV – Napa Valley TV Channel 28 (call your cable provider to ensure you have a City of Calistoga coded cable box)

2. Listen or participate via your phone – dial 1-669-900-6833, enter webinar ID: 829-0729-5419, password: 123201

3. Watch or participate online via Zoom - click this link and enter password: 123201

4. Watch online via YouTube Live at youtube.com/cityofcalistoga COMMENT ON THIS MATTER DURING THE MEETING: Please participate in the meeting by providing public comment on any item on the agenda or any item of municipal concern. In Person: Fill out a Speaker Card and provide to the City Clerk before the meeting begins. Virtual (Zoom): click the "Raise Your Hand" button to request to speak when Public Comment is being taken on the Agenda item. You will be unmuted when it is your turn to make your comment for up to 3 minutes. After allotted time, you will be re-muted. Instructions for how to "Raise Your Hand" are available at: https://support.zoom.us/hc/en-us/articles/205566129-Raise-Hand-InWebinar.

WRITTEN COMMENTS: Alternatively, you may provide public comment on any item on the agenda or any item of municipal concern via email. Please submit your comment, limited to 350 words or less, via email to [email protected]. Written public comments submitted by email should clearly indicate the Agenda Item No. or specify “Oral Communications” in the Subject Line for items not on the agenda and are requested to include the submitter’s full name. To ensure the City Council receives your written comments prior to taking action, they must be received by 2:00 p.m. on the day of the meeting.

All written comments received by this deadline will be provided to the City Council and posted online in advance of the meeting. Comments received after the 2:00 p.m. deadline will be provided to the City Council and included with supplemental materials after the meeting. No written comments will be read verbally at the meeting. The City of Calistoga thanks you in advance for taking all precautions to prevent spreading the COVID-19 virus. Note: The methods of observing or listening to the meeting or providing public comments may be altered or the meeting may be cancelled, if needed, due to certain technical disruptions.

Page

1. CALL TO ORDER – ROLL CALL - SALUTE TO THE FLAG

2. REPORT FROM CLOSED SESSIONS

3. ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS This time is set aside to receive comments from the public regarding matters on the Consent Calendar or matters of municipal concern not on the agenda. Pursuant to Government Code section 54954.3 (the Brown Act), however, the Council cannot consider any issues or take action on any requests during this comment period. Speakers are encouraged to limit their comments to 3 minutes maximum so that all speakers have an opportunity to address the City Council.

4. ADOPTION OF MEETING AGENDA

5. CITY MANAGER’S REPORT

6. CONSENT CALENDAR

6.1. Approve the Minutes of the June 1, 2022, and June 21, 2022, City Council Special Meetings as submitted.

Recommended Action: Approve Minutes
Staff Report - Minutes
6 - 8

6.2. Consider adopting a Resolution authorizing the Calistoga Police Department to accept the California Department of Justice Tobacco Grant Award of $278,141 and enter into a Memorandum of Understanding with the Department of Justice (DOJ).

Recommended Action: Adopt a Resolution accepting the DOJ Tobacco Grant award in the amount of $278,141 and authorize staff to enter into a Memorandum of Understanding with the DOJ.

Staff Report - California Department of Justice (DOJ) Tobacco Grant Program Funding - Pdf
9 - 55

6.3. Consider affirming Resolution 2021-071 findings related to the state of emergency due to COVID-19 authorizing the City Manager to continue implementing teleconference accessibility to conduct public meetings pursuant to Assembly Bill 361.

Recommended Action: Staff recommends the City Council affirm Resolution 2021-071 findings in accordance with the provisions and findings of AB 361 to continue virtual/teleconference meetings of the City Council and City Boards, Commissions, and Committees after September 30, 2021.

Staff Report - Affirm Resolution No. 2021-071 Allowing Teleconferenced Public Meetings Pursuant to Assembly Bill 361 (AB 361) - Pdf 56 - 61

6.4. 1. Consider adopting a Resolution Approving that Maintenance of Effort was met for Fiscal Year 2021/22 Under the Measure T Program and consider adopting a Resolution Approving Certification of Equivalent Fund Expenditures under Measure T Program.

Recommended Action: Consider adopting the Resolutions.
62 - 67

Staff Report - Measure T Approval of the Maintenance of Effort (MOE) - Pdf

6.5. 1. Consider adopting a Resolution ratifying the submittal of an application to the Metropolitan Transportation Commission (MTC) for the allocation of Fiscal Year 2023/24 Transportation Development Act Article 3 funding in the amount of $150,000 for the Logvy Sidewalk Connection and authorizing the City Manager or Public Works Director to execute all grant documents and agreements on behalf of the city for this project.

2. Consider adopting a Resolution ratifying the submittal of an application to the Metropolitan Transportation Commission (MTC) for the allocation of Fiscal Year 2022/23 Transportation Development Act Article 3 funding in the amount of $150,000 for the Lincoln Avenue Crosswalk at Brannan Street and authorizes the City Manager or Public Works Director to execute all grant documents and agreements on behalf of the city for this project.

Recommended Action: Consider adopting the Resolutions.

Staff Report - Transportation Development Act Article 3 Funding Authorization - Pdf
68 - 75

6.6. Consideration of proposed uncodified Ordinance 758 canceling the City of Calistoga’s enforcement responsibility for mobile home parks (MHP) and installations and special occupancy parks under the California Health and Safety Code.

Recommended Action: Adopt Uncodified Ordinance No. 758 as submitted.

Staff Report - Uncodified Ordinance: 2nd Reading Relinquishing Enforcement Responsibility for Mobile Home Parks and Installations and Special Occupanc - Pdf
76 - 80

6.7. Consider authorizing the City Manager to execute an Amendment to the Funding Agreement with the Napa Valley Transportation Authority and approving a budget adjustment for Caltrans Review and Final Engineering for the Napa Valley Vine Trail Calistoga to St. Helena Segment.

Recommended Action: Staff recommends an Amendment to the Funding Agreement and approving a budget adjustment.

Staff Report - Napa Valley Vine Trail – Calistoga to St. Helena Segment – Amendment to Funding Agreement No. 842 - Pdf
81 - 86

7. GENERAL GOVERNMENT

7.1. Napa County Climate Action Committee and a Regional Climate Action Plan
Recommended Action: Hear presentation about the Napa County Climate Action Committee ("CAC") and provide direction to the Calistoga City Council representatives to the CAC regarding a regional climate action plan
Staff Report - Napa County Climate Action Committee and a Regional Climate Action Plan - Pdf
87 - 104

Climate Action CAC PowerPoint Presentation

7.2. Committee Assignments
Recommended Action: Make annual committee assignments
Staff Report - Committee Assignments - Pdf
105 - 111

7.3. 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).

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

Staff Report - Municipal Code Amendments Regulating Reusable Foodware and Waste Reduction - Pdf
Supplemental: PowerPoint Foodware Waste Reduction
112 - 138

7.4. Report on Police response to party noise complaints to the City Council Recommended Action: Solicit input and direction from the city council regarding police response to party noise complaints.

Staff Report - Party Noise Complaints - Pdf
Item 7.4 Public Comment - Redacted
Item 7.4 - Supplemental Public Comment - Redacted
139 - 153

8. COUNCIL REQUESTS AND IDEAS FOR DISCUSSION

9. ADJOURNMENT
NOTICE: If you challenge a city’s zoning, planning, or other decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Judicial review of any City administrative decision may be had only if a petition is filed with the court not later than the 90th day following the date upon which the decision becomes final. Judicial review of environmental determinations may be subject to a shorter time period for Litigation, in certain cases 30 days following the date of final decision.

Pursuant to GC §54957.5 any writings/documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection on the City website at www.ci.calistoga.ca.us.

SUPPLEMENTAL MATERIAL RECEIVED AFTER THE POSTING OF THE AGENDA:

Any supplemental writings or documents distributed to a majority of the City Council regarding any item on this Agenda, after the posting of the Agenda, such writings or documents will be made available on the City’s website and will be available for public review in the City Clerk’s Office located at 1232 Washington Street, Calistoga, California, during normal business hours and by appointment.

AMERICANS WITH DISABILITIES ACT: The City can provide special assistance for persons with disabilities to participate in public meetings. To make a request for disability-related modification or accommodation please contact the City Clerk at [email protected] or (707) 942-2807. If you need assistance or accommodation, please provide notice at least 48 hours prior to the meeting.

For TTY/ Speech-to-Speech users, dial 7-1-1 for the California Relay Service, offering free text-tospeech, speech-to-speech, and Spanish language services 24 hours a day, 7 days a week.

Se les pide por favor que avise con 48 horas de anticipación cuando haga un pedido para asistencia.

Esto les da suficiente tiempo antes de la junta para permitir que la ciudad tome medidas razonables.

POSTING: I declare a copy of this agenda was posted at City Hall, 1232 Washington Street, Calistoga, among other locations in the city limits of Calistoga, on January 10, 2023, by 4:45 p.m.

CITY OF C L STOGA
ST
RPOT
A I
AFF
E R
TO: Honorable Mayor and City Council
FROM: Marni Rittburg, City Clerk
DATE: January 17, 2023
SUBJECT: Approving Minutes of the June 1, 2022, and June 21, 2022, Special City Council Meetings
Approved by:

Laura Snideman, City Manager
DESCRIPTION:

Consider approving the Minutes of the June 7, 2022, and June 21, 2022, Special Cit Council Meetings. y
RECOMMENDATION:

Approve the minutes as submitted.

ATTACHMENTS:

June 1, 2022, Special City Council Meeting Minutes
June 21, 2022, Special City Council Meeting Minutes
Item #6.1.

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1. 4.

DRAFT MINUTES

CALISTOGA CITY COUNCIL

SPECIAL MEETING
Wednesday, June 1, 2022 - 5:00 P.M.

Closed Session - Virtual Meeting
CALL TO ORDER — ROLL CALL
Mayor Canning called the special session to order at 5:03 p.m.

Present: Councilmembers Lisa Gift, Gary Kraus, and Donald Williams; and Mayor Chris Canning

Absent: Vice Mayor Irais Lopez-Ortega

ORAL COMMUNICATIONON CONSENT ITEMS OR NON-AGENDA ITEMS
Oral communication was not received. For oral communication and public comment content, for any item on the agenda, view the video of the meeting available on the City’s YouTube channel at or visit the
City’s Website.

ADJOURN TO CLOSED SESSION ON THE FOLLOWING MATTER:

Mayor Canning announced they were not anticipating any reportable action would not return from Closed Session. Council adjourned to Closed Session at 5:06 p.m.

3.1 Conference with Real Property Negotiations, GC §54956.8 Property: 1435 North Oak Street, APN 011-140-006, APN 011-140-007, APN 011-140-055, APN 011-481-022
Agency Negotiator: Laura Snideman, City Manager
Negotiating Parties: Napa County CEO, MinhC. Tran
Under Negotiation: Price and/or Terms for Payment for Potential Purchase of Property

ADJOURNMENT
The meeting was adjourned at 5:10 p.m.

Respectfully Submitted
Prepared by: Approved by:

Marni Rittburg, City Clerk Chris Canning, Mayor
Approved:

Item #6.1.

httgs://www.youtube.com/userlcityofcalistoga

DRAFT MINUTES

CALISTOGA CITY COUNCIL

SPECIAL MEETING
Tuesday, June 21, 2022 - 4:00 P.M.

Closed Session - Virtual Meeting

1. CALL TO ORDER — ROLL CALL
Mayor Canning, called the special session to order at 4:11 p.m.

Present: Vice Mayor lrais Lopez-Ortega, Councilmembers Gary Kraus and Donald Williams; and Mayor Chris Canning

Absent: Councilmember Lisa Gift

2. ORAL COMMUNICATIONON CONSENT ITEMS OR NON-AGENDA ITEMS Oral communication was not received. For oral communication and public comment content, for any item on the agenda, view the video of the meeting available on the City’s YouTube channel at or visit the
City’s Website.

3. RECESS TO CLOSED SESSION ON THE FOLLOWING TWO (2) MATTERS:

Council adjourned to Closed Session at 4:05 p.m. and Mayor Canning stated that any reportable action would be given during the regular meeting to follow.

3.1 Conference with Real Property Negotiations, GC §54956.8 Property: 1435 North Oak Street, APN 011-140-006, APN 011-140-007, APN 011-140-055, APN 011-481-022
Agency Negotiator: Laura Snideman, City Manager
Negotiating Parties: Napa County CEO, Minh C. Tran
Under Negotiation: Price and/or Terms for Payment for Potential Purchase of Property

3.2 Conference with Legal Counsel — Anticipated Litigation Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2): One (1) case

4. ADJOURNMENT
Mayor adjourned the meeting at 6:20 p.m
Respectfully Submitted
Prepared by: Approved by:

Marni Rittburg, City Clerk Chris Canning, Mayor
Approved:

Item #6.1.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Mitch Celaya, Chief
Meeting: City Council - Jan 17 2023
Subject: California Department of Justice (DOJ) Tobacco Grant Program Funding DESCRIPTION:

Consider adopting a Resolution authorizing the Calistoga Police Department to accept the California Department of Justice Tobacco Grant Award of $278,141 and enter into a Memorandum of Understanding with the Department of Justice (DOJ).

RECOMMENDATION:

Adopt a Resolution accepting the DOJ Tobacco Grant award in the amount of $278,141 and authorize staff to enter into a Memorandum of Understanding with the DOJ.

BACKGROUND/SUMMARY:

SUMMARY:

In 2019 CPD obtained a grant award from the California DOJ Tobacco Grant Program for an officer position for 3 years to address tobacco related issues and threats to the health of our youth. This grant was extended one year due to the covid-19 pandemic and will expire on June 30, 2023. CPD applied for a second grant to fund an officer position for the following three years in the amount of $556,278.

The DOJ Tobacco Grant program awarded CPD a grant for 50% of an officer position in the amount of $278,141. This grant award is to fund 50% of an officer position for the next three fiscal years, beginning on July 1, 2023, through June 30, 2026. The DOJ Grant award will allow CPD to continue to address tobacco related issues facing Calistoga youth. The grant will allow CPD to dedicate an officer to continue tobacco education, prevention, enforcement, and related issues that pose health and safety issues to Calistoga youth. A Memorandum of Understanding (MOU) between the City and the DOJ Tobacco Grant Program outlines the requirements, timelines, and reporting required by the grant (see attached MOU and Budget Detail).

BACKGROUND:

The California 2018 Healthy Kids survey provided data showing that in Calistoga there was a significant drop in the perception of harm in tobacco use by youth over the prior three years, 78% in 2016 to a 58% drop in 2018. An even more significant drop in Calistoga student perception of risk and harm in the use of vaping products was documented in the survey, 49% in 2016 to 19% in 2018. The 2019 California Healthy Kids survey continues to show an increase in student usage of vaping and tobacco products. Approximately 79.6% of Calistoga Students served by the Calistoga Unified School District are socio-economically disadvantaged. These students are considered high risk and vulnerable to substance abuse such as tobacco, alcohol, and drug use. This decrease in perception of harm in the use of tobacco products in conjunction with the current reported illnesses and deaths associated with and because of vaping products poses a real and imminent health and safety issue for Calistoga youth. As a result, CPD obtained the DOJ Tobacco Grant to address the tobacco health threats to our youth which ends on June 30, 2023. This new grant will allow CPD to continue its efforts Item #6.2.

to educate, implement tobacco prevention programs, facilitate new tobacco policies, and conduct tobacco enforcement for the next three fiscal years (see attached MOU and Grant Budget Detail).

ANALYSIS:

The grant proposal submitted was for three years of funding in the amount of $556,278 for a full-time officer position (see attached proposal). The DOJ Tobacco Grant Program awarded CPD $278,141 for approximately three years of funding (see attached Award Letter), 50% of an officer position. The city would seek additional 50% of the total compensation from the partnership with the school district.

The ability to continue partially fund of an officer position will allow CPD to continue to have a consistent presence in the elementary and junior/senior high schools, but specifically provide CPD resources to effectively address the health and safety issues facing Calistoga youth, develop rapport and mentoring programs with youth, increase community outreach, and more effectively conduct tobacco related enforcement programs.

The proposed grant requires no matching funds and there are no stated requirements beyond the grant period. To proceed with the grant funding the city must enter into a MOU with DOJ, accompanied with a Resolution by the City’s governing body accepting the grant award and authorizing CPD to enter into the MOU, and the city's Government Agency Taxpayer ID form. The MOU outlines the requirements, timelines, and reporting required by the grant (see attached).

CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:

Goal #4: Offer excellent professional services to all customers.

CEQA STATUS:

The recommended action is not a project and therefore not subject to CEQA review.

FINANCIAL IMPACT:

DOJ will reimburse the City in arrears for all actual expenditures in performing the Scope of Work covered in the approved grant application of $278,141 upon receipt of invoices from the City and approval of invoices by DOJ as set forth in the Grantee Handbook (see attached Grantee Handbook).

Grant proceeds will be recorded under Account Number 01-3225-0001. The City would seek an additional $278,141 from the partnership with the school district. It is important to note that the approval of this resolution may result in a mandatory cost increase for the General Fund in the amount of $278,141 over the next three fiscal years in the event the funding from the school district funding falls short. For Fiscal Year 2022-23, the General Fund will have additional costs related to the salary adjustments as approved by the Council with the Calistoga Police Officers Association. These costs will be included as mandatory increases in the mid-year budget update.

ATTACHMENT(S):

DOJ Tobacco Grant Funds Acceptance Resolution 011723
Calistoga PD Tobacco Grant Award Notification Letter
DOJ Tobacco Grant 2022-23_MOU_Calistoga PD
Calistoga Tobacco Grant Program
Tobacco Grant Program_Grantee Handbook_FY 2022-23
APPROVAL(S):

Item #6.2.

Nitish Sharma Approved - Jan 06 2023
Marni Rittburg, City Clerk Approved - Jan 06 2023
Item #6.2.

RESOLUTION NO. 2023-XXX

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

NAPA, STATE OF CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF GRANT FUNDS IN THE AMOUNT OF $278,141 FROM THE STATE OF CALIFORNIA

DEPARTMENT OF JUSTICE ATTORNEY GENERAL, TOBACCO LAW

ENFORCEMENT GRANT PROGRAM, AND AUTHORIZING CITY MANAGER TO

EXECUTE APPLICATIONS AND DOCUMENTS FOR THE PURPOSES OF

ACCEPTING THE GRANT FUNDS FROM THE CALIFORNIA DEPARTMENT OF

JUSTICE TOBACCO GRANT PROGRAM
WHEREAS, the California Department of Justice Tobacco Grant Program requires that the Calistoga City Council obtain a resolution in order to accept grant funding; and
WHEREAS, the City of Calistoga desires to continue to accept the Tobacco Grant Program grant funds for fiscal years 2023-24, 2024-25, and 2025-26; and WHEREAS, the grant requires the City of Calistoga to enter into a Memorandum of Understanding with the California Department of Justice that outlines the administration and executions of the grant; and

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY find the following:

1. That the foregoing recitals are true and correct and are incorporated herein by this reference.

2. That the City Manager or designee is hereby authorized to execute and submit for and on behalf of the City of Calistoga, a local government established under the laws of the State of California, applications and other related documents, including agreements amendments, extensions, and grant award documents, for the purpose of obtaining grand funding from the California Department of Justice Grant Program.

3. That this authorization shall be in effect for the duration of FY 2023-24, FY 2024-25, and FY 2025-26 grant periods.

PASSED, APPROVED AND ADOPTED this 17th day of January 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:

ATTACHMENT 1 Item #6.2.

Resolution No. 2023-XXX

ATTEST: APPROVED:
____________________________ __________________________ Marni Rittburg, CMC, City Clerk Donald Williams, Mayor
Item #6.2.

ROB BONTA State of California
Attorney General DEPARTMENT OF JUSTICE

DIVISION OF OPERATIONS

TOBACCO GRANT PROGRAM
P.O. BOX 160187
SACRAMENTO, CA 95816-0187
Telephone: (916) 210-6422
E-Mail: [email protected]
11/15/2022
Mitchell J. Celaya, Chief of Police
Calistoga Police Department, Patrol Division
1235 Washington Street
Calistoga, CA, 94515
Re: Tobacco Grant Award Notification Fiscal Year 2022-23 (RFP: DOJ-PROP56-2022-23-1) Dear Mitchell J. Celaya,
Congratulations! On behalf of the California Department of Justice (Department), Tobacco Grant Program, I am pleased to inform you, your agency’s grant application for the fiscal year 2022-23 grant cycle has been approved for grant funds authorized under the California Healthcare, Research and Prevention Tobacco Tax Act of 2016. The total amount of your agency’s grant award is $278,141.

The Tobacco Grant Program’s award process is highly competitive, and for the 2022-23 grant cycle, the Department received over $34 million in requested grant funding. Grant funding was prioritized to support local enforcement efforts to reduce the illegal sale of tobacco products to minors. Also, as per the Request for Proposal, any funding for school resource officers/oncampus enforcement was not considered in this funding cycle. Consequently, some awards were approved with modifications based on funding priorities.

To accept the 2022-23 grant award, please return the following by email within 15 calendar days of receipt of this letter:

1. Signed Letter of Intent (template attached), affirming either:
a. Your agency will seek a resolution from the governing body to accept the award (if your agency has a governing body); or
b. No governing body exists and no resolution is required.

2. Award Summary (if modifications are required based on the revised award amount, as indicated in the Award Summary document)
Please email the signed Letter of Intent and other information as indicated above to [email protected] with the subject line: “FY 22-23_Letter of Intent_Calistoga Police Department, Patrol Division.” Upon receipt of this information, the Department will provide your agency with additional documents for execution/use (e.g., Memorandum of Item #6.2.

Calistoga Police Department, Patrol Division
11/15/2022

Understanding, Grantee Handbook, etc.). These documents will contain more information about the process for reimbursement and other important details. Activities for reimbursement under this grant may commence January 1, 2023.

Should you have any questions regarding this letter or the required follow up information, please email [email protected].

Sincerely,

For STACY HEINSEN
Manager, Tobacco Grant Program

For ROB BONTA
Attorney General
Attachments:

Letter of Intent
Award Summary
Budget Detail
Item #6.2.

CALIFORNIA DEPARTMENT OF JUSTICE
Tobacco Grant Program
Calistoga Police Department
DOJ-PROP56-2022-23-1-004

MEMORANDUM OF UNDERSTANDING

PURPOSE
This Memorandum of Understanding (“MOU”) is entered into by the Department of Justice (“Department”) and the Calistoga Police Department (“Grantee”), for the purpose of disbursing grant funds to Grantee for reimbursement of expenditures in compliance with the California Code of Regulations and the Fiscal Year 2022- 23 Grantee Handbook.

Commencing January 1, 2023, the California Code of Regulations, Title 11, Division 1, Chapter 5: Department of Justice Tobacco Grant Program (“TGP Regulations”) shall govern the policies and procedures of the Tobacco Grant Program.

The TGP Regulations, Request for Proposals, Grantee Handbook (dated April 2022), and Summary of Award document are hereby incorporated by reference into this MOU. Grantee will expend funds for the purposes identified in the approved Summary of Award document. Reimbursements are to be funded under the California Healthcare, Research and Prevention Tobacco Tax Act of 2016, approved by the voters as Proposition 56.

COST REIMBURSEMENT
The Department agrees to reimburse Grantee in arrears, for Grantee’s actual expenditures in performing the project or scope of work included in the approved Summary of Award document. Reimbursements will be made upon receipt of invoices from Grantee and approval of the invoices by the Department, in accordance with the reimbursement procedures set forth in the TGP Regulations and Grantee Handbook.

BUDGET CONTINGENCY CLAUSE
It is mutually agreed, if the Budget Act of the current fiscal year and/or any subsequent years covered under the MOU does not appropriate sufficient funds, the MOU shall be of no further force and effect. In the event this situation occurs, the Department shall have no liability to reimburse/pay any funds to Grantee, or to furnish any other considerations under this MOU. As well, Grantee shall not be obligated to continue performing the provisions of this MOU, for which the Grantee would have been reimbursed.

If funding for any fiscal year is reduced or deleted in the Budget Act for purposes of this MOU, the Department shall have the option to either cancel this MOU with no liability occurring to the Department, or offer an addendum to the Grantee to reflect the reduced amount.

PROJECT BREACH-TERMINATION
Failure of a Grantee to comply with this MOU or the TGP Regulations shall be treated by the Department as a breach of contract. If an act of noncompliance occurs, the Department may take actions described within the TGP Regulations, including termination. The Department may terminate this MOU and be relieved of any obligation to disburse grant funds to Grantee should Grantee fail to perform the scope of work at the time and in the manner provided in this MOU.

MISCELLANEOUS PROVISIONS
Addendum – No addendum or variation of the terms of this MOU is valid unless made in writing, and signed by the duly authorized representatives of the parties.

Assignment – This MOU is not assignable by Grantee in whole or in part.

Indemnification – Grantee agrees to indemnify and hold harmless the Department, its officers, agents and employees from all claims, liabilities, or losses in connection with the performance of this MOU.

Item #6.2.

CALIFORNIA DEPARTMENT OF JUSTICE
Tobacco Grant Program
Calistoga Police Department
DOJ-PROP56-2022-23-1-004

TERMS
Grant Duration: 1/1/2023 – 6/30/2026
Award Amount
Category of Expenditure
Budget
FY 2022-
2023
Budget
FY 2023-
2024
Budget
FY 2024-
2025
Budget
FY 2025-
2026
Personal Services $0 $88,229 $92,640 $97,272
Operating Expenses and Equipment $0 $0 $0 $0
Administrative Costs (Not to Exceed
5%) $0 $0 $0 $0
TOTAL AWARD AMOUNT $278,141
The time limit for reimbursements against this award ends 6/30/2026. Requests for reimbursement received after 7/15/2026 cannot be considered by the Department.

GRANTEE CONTACT INFORMATION
Mitchell J. Celaya, Chief of Police
Calistoga Police Department
1235 Washington Street
Calistoga, CA 94515
(714) 562-3553
[email protected]

AUTHORIZATION
The Department and Grantee, by their duly authorized officials, have executed this MOU on the respective dates indicated below. This MOU and any future addendums shall be e-mailed to [email protected], care of the Division of Operations, Local Assistance Unit, Tobacco Grant Program, and will become fully executed upon completion of signatures from all parties.

Mitchell J. Celaya Date
Chief of Police
Calistoga Police Department
Laura Snideman Date
City Manager
City of Calistoga
Donald Williams Date
Mayor
City of Calistoga
Item #6.2.

CALIFORNIA DEPARTMENT OF JUSTICE
Tobacco Grant Program
Calistoga Police Department
DOJ-PROP56-2022-23-1-004

SHAYNA RIVERA, Grant Manager Date
Division of Operations
California Department of Justice
STACY HEINSEN, Administrative Manager Date
Division of Operations
California Department of Justice
CHRIS RYAN, Chief Date
Division of Operations
California Department of Justice
Item #6.2.

TOBACCO GRANT PROGRAM
2022-23

GRANT PROPOSAL TEMPLATE
DOJ-PROP56—2022-23-1

ROB BONTA
Attorney General

OFFICE OF THE ATTORNEY GENERAL
Item #6.2.

DOJ—PROP56—2022-23-1

TOBACCO GRANT PROGRAM
DOJ-PROP56-2022-23-1

PROPOSAL COVER SHEET
SUBMITTED BY:

Agency Name

CALISTOGA POLICE DEPARTMENT
Patrol Division
Chief Mitchell J. Celaya
1235 Washington Street
Calistoga, CA 94515
(707) 942-2813
[email protected]
ALTERNATE PROGRAM CONTACT:

Krsitine Norton
1235 Washington Street
Calistoga, CA 94515
(707) 942-2814
[email protected]
Item #6.2.

DOJ-PROP56-2022-23-l
Authorized Signatures:
(Digital or ‘wet’signatures acceptable)
M??5/a?
Name: Mitchell Celaya Name: Laura Snideman
Title: Chief of Police Title: City Manager
Date: Date:

Name: Kristine Norton Name:

Title: Police Seargent Title:

Date: 8T/7~,?Z Date:

Item #6.2.

DOJ-PROP56—2022-23-1
SUMMARY — DESCRIPTION OF REQUEST
Description Calistoga Police Department (CPD) consists of 12 officers, 4 dispatchers, 1 community service officer, I code enforcement officer. 3 part-time dispatchers, and 2 part-lime parking enforcement officers. Sworn staff include the Chief, 1 Lieutenant.2 Sergeants and 9 patrol officers. Limited staffing resources prevents CPD's ability to staff an investigator or SRO position. As a result, officers conduct all aspects ofteliir work, from taking reports. conducting follow-up investigations, and submitting cases to the DA's office. In addition, officers patrol the schools when calls for service alows.

Funding Requested 3 556,278
Funding Duration
(select one) F 24 Months 6‘ 36 Months
Summary of Goals
and Objectives
The grant funding will allow us to continue student awareness on the negative health effects of tobacco products. The ability to conduct officer and school staff training, outreach to the community through educational awarness, tobacco enforcement, deter and preevent tobacco use on school campuses and educate parents and community members on the hams of tobacco use.

Item #6.2.

DOJ-PROP56-2022-23-1
PROBLEM STATEMENT — DESCRIBE THE ISSUES OR PROBLEMS TO BE ADDRESSED WITH GRANT FUNDS.

Geographic Area to
be Served
Calistoga is a 2.6 sq. mile rural community with a population of 5,346. Demographics are 49.4% Latino and 47.7% Caucasian. The School District serves 900 students at the Elementary, Junior/Senior High School and continuation High School. Students served are

84.6% Latino, 11 % Caucasian, and 3.4% Other.

Tobacco Rates
and Patterns
California 2017-2019 Ilealthy Kids suwey shows an increase of student usage of vaping and tobacco related products for our area. Student perception of tobacco related products shows a drop in perceived hann was documented. This trend will continue and tobacco product usuage will increase if intevention and education does not occur.

Other Known Factors

79.6% of Calistoga students sewed are socioeconomically disadvantaged. These students are considered high risk and vulnerable to substance abuse such as tobacco, alcohol and drug use.

Item #6.2.

DOJ-PROP56—2022-23-l
(Agencies are limited to one sheet for each goal, with a maximum offivegoals. Goals must be listed in priority order and should match the Goals and Objectives Summary on page 4.) GOAL 1: Increase student education and awarness of the risk of tobacco related products Goal Description
Use social media, education, and community outreach to increase awarness of the negative health effects tobacco products pose.

Measurable Outcome
Review the annual California Healthy Kids surbeyto monitor trends in our area. Decrease in tobacco related incidentsinvolving youth.

Timeline
Review our county's Healthy Kids survey and conduct quarterly reviews of data collected by police, schools, and Juv. Diversion.

Narrative Description
The California Healthy Kids survey has clearly documented the rising trend of Calistoga students not perceiving harm or risk in using tobacco related products or electronic cigerettes/vape devices.

To continue the goals of reversing these trends among our youths the following strategies and objectives will be pursued:
-SRO will coordinate and/or present at the middle and high school orientation at the beigining of each school year, specifically addressing tobacco related issues on laws, helath effects and consequences of tobacco use. Partner with student clubs on tobacco. -Develope, coordinate and conduct educational outreach, presentations, and tabling at events including but not limited to; Back to School Night, Annual Safety Day, Red Ribbon Week, National Night Out, High School Open House and year round Farmers Market. -Partner and collaberate with local agencies such as CJUSD, Napa County Tobacco Free Coalition, Upvalley Partnership for Youth, Juvenile Diversion Program, Blue Zone Project Committee and ACE, an after school enrichment program to develop anti-tobacco educational resources for students on campus.

Item #6.2.

DOJ-PROP56-2022-23-1
GOAL 2: Train police officers, city staff and school staff on tobacco related issues and current law Goal Description
Provide officers and school staff with ongoing training on underage tobacco use, laws, and enforcement operationsto deter illegal sales.

Measurable Outcome
Train all Calistoga officers, teachers, school counselors and city staff.

Tiineline
Conduct annaul training and quarterly meetings with teachers and city staff to review tobacco related incidents and relevant materials.

Narrative Description
To effectively address the issues of underage tobacco use, illegal tobacco sales to youth, and educate youth on the harm of tobacco products it requires a multi-disciplinaiy team approach. In order for this to occur, officers, city staff and school staff need training, team building and the tools to effectively mentor students and community members in order to identify problem areas and enforce tobacco laws on and off campus.

To achieve this, the following strategies and objectives will be pursued:
-Train officers on laws pertaining to underage tobacco use and illegal sales to minors.
-Train and engage officers in the use of tobacco enforcement operations such as "shoulder taps" and "loosie" undercover buy operations, and retailer license compliance inspections. -Train school staff on the laws relating to underage tobacco use and school administration policies and procedures for dealing with underage tobacco use on campus.
-Provide officers with resource materials, cheat sheet of tobacco laws and enforcement checklist.
-Partner with county agencies such as Distict Attorney's office, Napa County Tobacco Free Coalition, Upvalley Partnership for Youth, Calistoga Community Schools Initiative, and ABC for training.

Item #6.2.

DOJ-PROP56-2022-23-I
GOAL 32 Educate retailers about tobacco laws, their responsibility and consequences Goal Description
Conduct educational outreach to retailers on laws and their responsibility and apply enforcement action as appropriate.

Measurable Outcome
Conduct minimally 3 education outreach activities to retailers and 3 tobacco enforcement operations annually.

Timeline
Conduct minimally 3 education outreach activity and 1 tobacco enforcement operation quarterly on an annual basis.

Narrative Description
To effectively deter underage tobacco use and prevent illegal sales of tobacco products to minors it is important to educate retailers regarding the relevant tobacco laws, their responsibility pertaining to those laws, and the consquences for violating those laws. In addition, officers need to be able to identify problem areas and retailers who do not adhere to tobacco laws, conduct complaince checks and initiate enforcement actions as needed. To ensure retailers are following current tobacco laws, the following strategies and objectives will be pursued:
-Partner and collaborate with county agencies such as Napa County Tobacco Free Coalition, Blue Zone Project, and other anti-tobacco based organizations to coordinate and develop retailer focused education programs.
-Develop marketing programs and signage for retailers to display that reinforce tobacco laws and deter underage tobacco use. -Provide education to all tobacco retailers witin the Calistoga city limits.
-Identify problem retailers and problem areas such as bars through the use of compliance checks and tobacco enforcement operations.

Item #6.2.

DOJ-PROP56-2022-23-l
GOAL 4: Deter and prevent tobacco use on school property Goal Description Update school policies and procedures regarding tobacco use, post signage, and add more vape detection devices on our campuses.

Measurable Outcome
Number of tobacco policies and procedures updated. Install signs and install security cameras and more vape detectors.

Tiineline Update policies within 6 months and review anually. Install regulatory signs and additional vape detectors by end of ?scal year.

Narrative Description Providing a tobacco free environment ensures a safe and healthy environment and enhances students ability to learn without distraction. Calistoga High School and Palisades Continuation High School are open to unsecured campuses which enables students to leave campus without permissionand return with contraband such as tobacco products. Some students have a free period which leaves them unsupervised to engage in underage tobacco use. To address these concerns the following strategies and objectives will be pursued:
-Collaborate with the Calistoga JUSD safety committee to review, update, and develop new policies specific to tobacco use on campuses.
-Collaborate with the Calistoga JUSD safety committee to create and install tobacco regulatory signs both in English and Spanish on all campuses.
-Collaborate with the Calistoga JUSD safety committee to install more vaper and smoke detectors on the High School campus. -Partner with the CJUSD, Calistoga community schools initative, and the Upvalley Partnership for Youth to develop messaging and presentationsto educate students on school policies and regulations regardingtobacco use on campus.

Item #6.2.

DOJ-PROP56-2022-23-l
GOAL 5: Educate parents/ community members on underage tobacco use and its harm to youth Goal Description
Conduct educational outreach campaigns to inform parents and community members ofthe dangers caused by underage tobacco use.

Measurable Outcome
Conduct at least 8 outreach activities annually. Develop partnerships with parents and community groups.

Timeline
Conduct at least 2 outreach events quarterly on an annual basis.

Participate quarterly in community—basedmeetings.

Narrative Description
To be effective in deterring and preventing underage tobacco use, education and outreach needs to be extended to the families and community members. Police and school staff can have an impact on educating youth on the ill effects and consquences of tobacco use but without the support of families and the community to reinforce the message and model behavior, the efforts by police and teachers are less effective. To educate and gain the support of parents and the community the following strategies and objectives will be pursued:
-Partner and collaborate with the community—basedorganizations, parent groups, and county agencies to coordinate community outreach events where parents and the community can be educxated on the harm, laws, and issues relating to underage tobacco use as well as the resources available.
-Continue to develope strong working partnerships with communitybased committees and coalitions where the emphasis is on youth safety. Utilize these committees and coalition to assist in developing anti-tobacco programs.
-Conduct specific parent education on tobacco products, electronic products, related tobacco laws, consquences of violations, and resources available. Targeting the parent DELAC and parent clubs. -Identify programs and educate youth, parents, and community members on responsive programming to assist individuals in quitting e-cigarettes and vaping such as the Truth Initiative's online "This is Quitting" program.
10 Item #6.2.

DOJ-PROP56—2022-23-l
Personnel Title(s) &
Percentages
Description of Duties. (See Section II(C)(iV) (Project Personnel) ofthe RFP for instructions.)
Administering and achieving the goals and objectives ofthis grant will be the responsibility ofthe School Resource Officer (SRO). The SRO's primary responsibility is to provide safety services to Calistoga Elementary School, Calistoga Junior/Senior High School and Palisades High School. The SRO will be devoted to goals and objectives of this grant that take place outside the schools in the community. Primary educational efforts will be focused on the use of tobacco related products and enforcementof tobacco related state laws as well as the applicable rules of the respective schools.

Calistoga Police Department (CPD) resources will be at the SRO's disposal and utilized as necessaryto meet the goals and objectives of this grant.

The SRO will continue to develop partnerships and collaborations to carry out the goals and objectives of the grant. These partnerships will include but not limited to; CJUSD, Napa Tobacco Free Coalition, Upvalley Partnership for Youth, Calistoga Community Schools lnitative, Napa County Prevention Program, Calistoga Boys and Girls Club, Upvalley Family Centers, Blue Zone Project and Juvenile Diversion Program. CPD cultivated strong relationships with these organizations _and view these partnerships as fundamental to accomplishing our mission if service to the community and achieving the goals of this grant.

The grant will be overseen by the Chief of Police, who will delegate immediate oversite to a sergeant. All data collected will be tracked in the CPD records management system. All educational curricula and enforcement operations plans will be approved by the sergeant prior to implementation.The SRO will provide monthly reports to the Chief and sergeant on the programs progress.
11 Item #6.2.

DOJ-PROP56—2022-23-l
Budget Detail Template All expenditures MUST be entered into the Budget Detail Template (Excel document). Instructions for completing the Budget Detail Template are found on the first tab of the template. Once you've completed the template, please proceed to the required Budget Narrative (below).

Budget Narrative All expenses mentioned in the Budget Detail Template (excluding Salaries, Overtime, and Bene?ts) MUST be adequately justified here. See Section Il(C)(v) (Budget) for important instructions to complete this narrative.

Requested funding is for one (1) full—timeofficer position, who will be assigned to implement the grant as decribed in this proposal. See attached Budget Detail Worksheet.

All expenses for miscellaneous items needed during the course of the grant will be funded from the CPD budget-of?ce supplies, cell phone, overtime, miscellanous banners, signs, printing, advertiusment, etc.
12 Item #6.2.

DOJ-PROP56-2022-23-1
Other Funding Sources
for Proposed Grant
Projects
By checking this box. we certify that the requested grant funds will not supplant existing state or local funds dedicated for the same purpose.

None.

Previous Award(s) Complete the ?elds below if your agency has been awarded a Tobacco Grant in a previous year/round.

Previous Award(s)
Accomplishments
Previous award accomplishments have included the installation of multiple vape detector devices on the Calistoga High School campus.

SRO conducted multiple tobacco operational stings with juvenile decoys with negative sale results. SRO conducted multiple outreach activities that targeted both students and parents during monthly "Parent Night" events that focused on tobacco prevention and education. Our grant allowed us to build strong working relatiosnhips with community organizations that focused on local and county policy change that focused on types of tobacco sales allowed in retail stores. SRO was able to attend traings and workshops on tobacco education and prevention and use that knowledge to promote health education to high school students on campus. Our grant funding allowed for the SRO to be a committe member on the Blue Zone Project (Tobacco focus) and advocate for policy change in the City of Calistoga.

Previous Award(s)
Comparison
Our previous award amount was for 36 months in 2019 for $472,642.

Due to staffing issues and Covid-19 our grant was modified and adjusted to continue through 2022/23. This new grant request is for another 36 months in the amount of $556,278 to continue our tobacco prevetion and education for our families and communty members and efforts to change local laws and policies.
13 Item #6.2.

A, Personal Services
Salaries
Classi?cation/Positions

TOBACCOLAW ENFORCEMENTGRANT BUDGETDETAIL
[APPLICANTAGENCY]
Computation
22/23PROPOSALBUDGET
Costs Per Fiscal Year (July 1 — June 30)
FY 2022-23 FY 2023-24 FY 2024-25 FY2025-26
Police Offucer $ 109,119 114.575 $ 120,304
$
Overtime
C1assi?cationIPositions

SUBTOTAL
Computation FY 2022-23
109,119
FY 2023-24
114,575
FY2024-25
120,304
FY 2025-26
Benefits
CIassi?cationIPositions

SUBTOTAL
Computation FY 2022-23 FY2023-24 FY 2024-25 FY2025-26
Police Officer PEPRA ,F|CA, Medicare, Medical, Dental, Life Insurance 67,337 70,704 74,239

SUBTOTAL

TOTAL PERSONAL SERVICES
67,337
176,456
70,704
185,279
74,239
194,543
Item #6.2.

TOBACCO LAW ENFORCEMENTGRANT BUDGETDETAIL 22/23PROPOSAL BUDGET [APPLICANTAGENCY]
B. Operating Expenses and Equipment
Equipment (Tangible items with a per-unit cost of $5,000 or more) Description Computation FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26

SUBTOTAL
Other Expenses
Description Computation FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26

SUBTOTAL
Travel Expenses/Registration Fees*
Description and Destination Computation FY 2022-23 FY 2023-24 FY 2024-25 ‘For approved tobacco related training only. Travel cannot exceed current state rates.

SUBTOTAL

TOTAL OPERATING EXPENSES AND EQUIPMENT
c, Administrative Costs‘
Description Computation FY2022-23 FY 2023-24 FY2024-25 FY 2025-26 $
‘Administrative costs may not exceed 5% of the total budget.

Item #6.2.

TOBACCOLAW ENFORCEMENTGRANT BUDGETDETAIL 22/23PROPOSAL BUDGET [APPLICANTAGENCY]

SUMMARY
Budget category FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 Total Request A. Personal Services 176,456 $ 185,279 $ 194,543 $ 556,278 B. Operating Expenses and Equipment $ $
C. Administrative Costs $
TOTAL PROJECT COSTS 176,456 $ 185,279 $ 194,543 556,278

Item #6.2.

TOBACCO GRANT PROGRAM
FY 2022-23

GRANTEE HANDBOOK
DOJ-PROP56-2022-23-1

ROB BONTA
Attorney General

OFFICE OF THE ATTORNEY GENERAL
April 2022
Item #6.2.

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HANDBOOK FOR GRANTS MADE BY THE DEPARTMENT OF JUSTICE TO LOCAL AGENCIES UNDER PROPOSITION 56, THE HEALTHCARE, RESEARCH AND PREVENTION TOBACCO TAX ACT OF 2016 (ACT)
All items contained in this Handbook are subject to change.

Item #6.2.

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TABLE OF CONTENTS
PART I: GRANT APPLICATION GUIDE.................................................................................................5 GENERAL INFORMATION...................................................................................................................6 APPLICATION PROCESS ......................................................................................................................6 Applications..........................................................................................................................................6 REVIEW, AWARD AND TERMS..........................................................................................................6 Administrative Review .........................................................................................................................6 Merits Review.......................................................................................................................................6 Notification of Award, Denial or Disqualification ...............................................................................7 Grant Agreement...................................................................................................................................7 Access...................................................................................................................................................7 Performance Compliance, Audit, and Responsibility...........................................................................7 Reports..................................................................................................................................................8 Withholding of Ten Percent Pending Closeout.....................................................................................8 Procurement of Goods or Services........................................................................................................8 Use of Contractors ................................................................................................................................8 PROJECT REQUIREMENTS..................................................................................................................9 Administrative Costs.............................................................................................................................9 Project Costs .........................................................................................................................................9 Project Income ......................................................................................................................................9 Overpayment of Funds..........................................................................................................................9 Records of Tobacco Products ...............................................................................................................9 Travel....................................................................................................................................................9 Equipment Property Records..............................................................................................................10 Records Retention...............................................................................................................................10 Noncompliance ...................................................................................................................................10 Non-Use of Funds...............................................................................................................................11 Closeout ..............................................................................................................................................11 Allowable Costs; Reasonable Costs; Allocable Costs........................................................................11 Supplanting .........................................................................................................................................12 DEFINITIONS........................................................................................................................................12 PART II: GRANT OWNER’S MANUAL ................................................................................................14 Item #6.2.

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GRANT ACCEPTANCE AND TERMS................................................................................................15 Award..................................................................................................................................................15 Terms and Conditions.........................................................................................................................15 Allowable Costs..................................................................................................................................15 Supplanting .........................................................................................................................................17 Restricted Items ..................................................................................................................................18 ACCESSING AND MANAGING GRANT FUNDS.............................................................................19 Invoicing .............................................................................................................................................19 Grant Modifications............................................................................................................................19 Record Maintenance ...........................................................................................................................20 Audits..................................................................................................................................................20 Reports................................................................................................................................................20 Closing Out .........................................................................................................................................20 Funding ...............................................................................................................................................20 Item #6.2.

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PART I: GRANT APPLICATION GUIDE
Item #6.2.

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GENERAL INFORMATION
In accordance with the State Budget Act and the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 (Act), as added by Proposition 56, the California Department of Justice (“Department”) intends to distribute $22 million¹ in FY 2022-23 to eligible local law enforcement agencies for qualifying tobacco enforcement purposes. Grant funds will be awarded on a competitive basis in accordance with the Department’s funding priorities.

APPLICATION PROCESS
Applications
An eligible agency may submit one individual application.

Eligible agencies with an existing Tobacco Grant award may submit a proposal to supplement the objectives of their existing award; a proposal for a new award to fund new objectives; or if their grant is expiring, a new grant award.

REVIEW, AWARD AND TERMS
Administrative Review
Applications will undergo an administrative review by the Department to determine whether the application is timely, legible and complete, and whether the applicant agency is eligible. An applicant may request to amend its application up until the date/time the Request for Proposals (RFP) closes.

Incomplete, illegible and untimely applications and applications received from ineligible entities will be disqualified.

All applications that are not disqualified in the administrative review will undergo a merits review.

Merits Review
Applications that satisfy the administrative review shall be reviewed by a Merits Review Committee.

The Merits Review Committee shall initially assess whether each proposed project is within the scope of the Tobacco Grant Program. This will render a pass/fail score. The committee will then evaluate and score applications that are within the scope based on the extent to which the applications satisfy the scoring criteria set forth in the RFP, show capacity to comply with the Act’s requirement to refrain from using grant funds to supplant any existing state or local funding of activities that have the same purposes as those of the Act, and comply with the administrative requirements of the grant.
__________________
¹Available amount is subject to change based on approval of the State’s FY 2022-23 budget.

Item #6.2.

7 | P a g e
The Merits Review Committee shall make a funding recommendation for each application, other than those that were disqualified or denied, based on the following factors:
 Amount of available funding.
 Number of applicants.
 Amount of funding requested for eligible and meritorious activities.  The merits of the application based on the scoring criteria set forth in the RFP.  The Department’s funding priorities as articulated in the RFP.

The Merits Review Committee shall provide its scoring and recommendations as to approval or denial of applications, and as to the amount of funding for successful applications, to the Attorney General and/or their designee for final selection.

Notification of Award, Denial or Disqualification
The Department shall notify all applicants of disqualification, denial, or award.

The Department’s selections are final and not subject to appeal.

Notification of award does not authorize commencement of grant activities. Agencies selected to receive an award (Grantee) will receive a revised budget detail identifying what was specifically funded and will be required to also provide a revised narrative to match the revised budget. Grant activities may begin once the grantee receives a revised budget detail from the Department, but reimbursement cannot be provided until a Memorandum of Understanding (MOU) between the grantee and the Department is fully executed. Other accompanying documents (e.g., award summary document, resolution and Government TIN form) must also be received before reimbursement can be made.

Grant Agreement
A written and signed MOU is required for all grants. The grant agreement includes the RFP and associated documents, this Handbook, the Application and any associated documents submitted in response to the RFP, and the signed MOU.

Access
Upon reasonable notice, grantees shall allow the Department access to the records of the project, the project sites (if applicable), and any employees or contractors who may reasonably have information related to the project. Also, upon reasonable notice, grantees shall allow the Department to accompany the grantee on project-related activities.

Performance Compliance, Audit, and Responsibility
Grants and funding are subject to performance compliance reviews in the form of site visits, interviews with grantees, contractors and other stakeholders, and review of relevant documents.

This review may be performed by the Department and/or its designee.  The grantee is the responsible agency and may not transfer or assign the grant to another entity.

Item #6.2.

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 Grantees are subject to audit by the California State Auditor, as required by Revenue and Taxation Code, section 30130.56, subdivision (a).
 Grantees are subject to a financial compliance review in the form of an audit, an agreedupon-procedure, and/or both. A review will be conducted in accordance with the Generally Accepted Government Auditing Standards and Revenue and Tax Code, sections 30130.56 and 30130.57, subdivisions (e)(1), (f) & (g), designed to accomplish any one or more of the following: to monitor compliance with the requirements of the grant program and the terms and conditions of the grant agreement; to assess the quantity, quality, timeliness and cost of services the grantee produces and delivers under the terms and conditions of the grant agreement; and to assess the performance of any contract entered into by a grantee relating to a grant.
 One or more of the following shall be grounds for an audit exception, which may require the refund of amounts paid with Grant funds: (1) failure to fully complete the work or services described in the award summary document; (2) failure to assess the performance of any contract entered into by a Grantee; and (3) failure to maintain documents, records, receipts, and financial accounts supporting the expenditures reimbursed with Grant funds.

Reports
Quarterly progress reports and other information requested by the Department shall be submitted by the grantee to the Department in accordance with the reporting requirements and deadlines set forth in the grant agreement. Quarterly progress reports shall describe grant activities undertaken pursuant to the grant agreement during the reporting period.

Withholding of Ten Percent Pending Closeout
The Department may withhold the final reimbursement claim(s) or ten percent of the grant amount pending approval by the Department of the final quarterly progress report.

Procurement of Goods or Services
The grantee shall follow its own written procurement policies and procedures when procuring goods or services for activities relating to performance of the grant. All documents related to the procurement of goods or services shall be maintained by the grantee for the records retention period (see Project Requirements, Records Retention) and copies shall be provided to the Department when requesting reimbursement.

Use of Contractors
Grantees may contract for services for performance of a project as set forth in the grant agreement.
 Contractor services must be for the purpose of achieving the grant objectives.  Grantees are responsible for ensuring that each contractor complies with the grant agreement, including, if applicable, collecting and reporting of inspection data and disallowance of supplanting and restricted items.

Item #6.2.

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 Contracting shall not affect the grantee’s overall responsibility for the management of a Project, and the grantee shall reserve sufficient rights and control to enable it to fulfill its responsibilities for the grant.
 Grantees shall have a written agreement with each contractor and shall submit a copy of the agreement to the Department.

PROJECT REQUIREMENTS
Administrative Costs
Administrative costs are the portion of staff time, office space, equipment and supplies needed to operate the program. A Grantee shall not use more than five percent (5%) of the funds expended for administrative costs. See Revenue and Taxation Code, Section 30130.57 (f), (g).

Project Costs
Project costs may include the reasonable and necessary cost of tobacco-enforcement related items required to conduct grant-related operations.

Project Income
Income generated from a project, if any, may be reinvested by the grantee into the project for which the grant was awarded; returned to the Department; or the Department may approve other uses by the grantee in accordance with the general purposes of the grant. Project income does not include fines, penalties, legal costs, attorney’s fees, or other property collected as a result of enforcement actions by the grantee.

Overpayment of Funds
If an agency is inadvertently reimbursed for more than the amount expended, the overpayment of funds must be returned to the Department. If the grant for which the funds are being returned is still active (within the term of the MOU), then the returned funds can be shown as a credit on the next claim submitted for reimbursement. If the grant term has ended, the agency must return the funds within 90 days of notice of overpayment. Checks should be made payable to the California Department of Justice and mailed to:

California Department of Justice
Division of Operations
Tobacco Grant Program
P.O. Box 160187
Sacramento, CA 95816
Records of Tobacco Products
Grantees shall retain and preserve the tobacco products purchased or otherwise obtained during the course of performing a project, and the purchase records for such tobacco products, in accordance with the grantee’s written policies regarding retention, destruction or forfeiture of such items.

Item #6.2.

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Travel
Travel costs of grantees are permitted for travel to/from tobacco-related trainings, meetings, seminars, and/or workshops. All travel must be approved and included in the grant budget.

Travel by grantees shall be in accordance with the State of California’s written travel policies, and subject to any further requirement in the grant agreement. Travel costs shall be substantiated by receipts made available to the Department upon request for reimbursement.

Out-of-state travel must be clearly specified in the grant budget and/or modification because it requires prior approval and may be subject to additional restrictions.

Travel costs may only consist of the reasonable and necessary charges for commercial fares, public transportation, private vehicle, overnight and day parking of private or rental vehicles, bridge and road tolls, meals, lodging, and incidentals, incurred for travel necessary for the performance of the grant. The State of California’s written travel policies can be found online at www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx.

Equipment Property Records
Grantees shall maintain property records for the records retention period for each item of tangible property having a useful life of more than one year and a per-unit acquisition cost of $5,000 or more.

Records Retention
Grantees shall maintain records relating to the application, grant agreement, budget, and performance of projects, for the records retention period established by the agency for those types of records, or for five years from the date the grant was closed out by the Department, whichever is longer. These records include, but are not limited to, reports of enforcement activities, educational programs, policy programs, personnel activity records, payroll records, travel claims, receipts, documents showing the calculation or methodology for determining funds were not supplanted, and documents showing the calculation or methodology for determining administrative costs.

Noncompliance
In the event a grantee fails to comply with the terms and conditions of the Act or grant agreement, the Department will notify the grantee in writing.

In the event the Department and a grantee are unable to resolve a grantee’s non-compliance with the terms and conditions of the Act or grant agreement within 30 calendar days of the written notice, the Department may take one or more of the following actions:
 Withhold payments.
 Recover funds paid to the grantee.
 Impose additional conditions on the grantee.
 Terminate the grant agreement.
 Disqualify the grantee from consideration for future grants.

Item #6.2.

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Non-Use of Funds
Grantees are expected to start operations within six months of the beginning date of the MOU and are responsible for advising the Department if they are unable to do so. Grantees who have not started their project and expended any funds within the first year of the beginning of the grant term shall forfeit their award. Any forfeited awards may be awarded to another agency.

Closeout
The Department shall conduct closeout review activities prior to closing out each grant to ensure that all necessary administrative actions and projects have been completed by the grantee.

Closeout review activities include, but are not limited to, review of the final progress report, verification that any performance issues are resolved, and verification that any audit or agreedupon-procedure findings are resolved.

Allowable Costs; Reasonable Costs; Allocable Costs
Costs must meet all of the following general criteria to be allowable. An allowable cost must:
 Be reasonable for the performance of the grant and allocable to the grant.  Be accorded consistent treatment. In the event a cost is assigned in one way and another cost incurred for the same purpose in like circumstances was previously allocated in another way, the grantee shall provide a description of both the current and the prior assignments. The description shall be sufficient for the Department to ascertain whether or not funds have been supplanted.
 Be adequately documented.
 Comply with the Act and terms and conditions of the grant agreement.  Comply with applicable laws and regulations.
 Not be disallowed under the terms of the grant agreement.

A cost is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost. In determining the reasonableness of a given cost, consideration will be given to:
 Whether the cost is generally recognized as ordinary and necessary for the proper and efficient performance of the grant.
 The requirements of the grant program and the terms and conditions of the grant agreement.
 Market prices for comparable goods or services for the geographic area.  Whether the grantee deviates from its established practices and policies regarding the incurrence of costs, which may unjustifiably increase a cost.

A cost is allocable to the grant if the cost is incurred for grant-related activities.

Unless otherwise provided for in the grant agreement, if a cost is incurred for the performance of grant-related activities and also for other non-grant-related activities, and benefits both grant and non-grant activities, the proportion that is incurred for the performance of grant-related activities Item #6.2.

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may be approximated using reasonable and properly documented methods and assigned to the grant.

Examples of allowable costs (if approved in the budget) include, but are not limited to:
 Cell phone, including monthly service costs.
 Community outreach items (e.g., pop-up tent, table, tablecloth, prize wheel).  Education materials (pamphlets, brochures, flyers).
 Media campaigns (Prior approval of logos, language/statements to be used, pictures/graphics, etc., must be obtained from the Department prior to expenditure of funds).
 Office equipment (laptop/PC/printer).
 Promotional items with an anti-tobacco message (hats, t-shirts, pencils/pens, water bottles, draw string/reusable bags, lanyards). The anti-tobacco messaging should be predominant and can be an image and/or text. Approval of logo/messaging is required from the Department prior to purchase of the items.
 Video/Audio recording devices (minor decoy/shoulder tap operations).

Supplanting
Supplanting is prohibited. Grant funds may not be used to pay for costs that are already funded within your agency’s budget, or for which other funding has already been received, in order to reallocate existing funding to other purposes. If funds awarded under this grant are used to supplant existing agency resources previously allocated for the same purpose, the Department may pursue remedies for non-compliance.

DEFINITIONS
The following definitions apply to this Handbook and the associated RFP:
 Administrative Costs. Administrative costs are the portion of staff time, office space, equipment and supplies needed to operate the program. They include necessary and reasonable indirect expenses as allowed under the terms and conditions of the grant agreement, limited to five percent (5%) of the total expenditures.  Application. A request by an eligible agency to receive a grant from the Department pursuant to Revenue and Taxation Code, Section 30130.57(e)(1).  Award Summary document. A document which states reductions and/or revisions to the budget detail and includes a revised narrative provided by the grantee to match the revised budget.
 Contractor. An entity or person, including a consultant, that enters into a contract with a grantee to perform an approved grant-related activity.
 Department. The California Department of Justice.
 Grant. An award of financial assistance made to a Grantee, the principal purpose of which is the transfer of funds to carry out a project of public benefit authorized and Item #6.2.

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intended by Revenue and Taxation Code, section 30130.57, subdivision (e)(1), a Request for Proposal, and the grant agreement between the grantee and the Department.  Grant Agreement. The final agreement entered into between the Department and a grantee, which sets forth the terms and conditions of the Grant. The grant agreement includes the executed MOU, Request for Proposal and associated documents, Summary of Award document, and this Handbook.
 Grant Duration. The period of time provided for in the Grant Agreement.  Grantee. A local agency to which a grant is awarded.
 Inspection Data. Information regarding retailer inspection or enforcement activity by a grantee under the terms of the grant agreement, including, but not limited to, information about retailer location, retailer violations, retailer inspections, and retail-related citations, licensing actions, administrative proceedings, diversion proceedings, and prosecutions.

Inspection data includes information regarding such activities whether or not a violation was found or a citation was issued. A grant agreement may contain further information about what constitutes inspection data, how it is to be gathered and retained by a grantee, and how and when it is to be reported to the Department.  Local Law Enforcement Agency. A local government entity, such as a county, city, district, public authority, public agency, and any other political subdivision or public corporation that can support and hire law enforcement peace officers (as defined in Penal Code section 830) and is authorized to: (1) investigate or conduct an official inquiry into enforcement of state and local laws, ordinances, regulation, and policies related to the illegal sales and marketing of tobacco products to minors and youth, or (2) prosecute or otherwise conduct a criminal or civil proceeding arising from the illegal sales of tobacco products to minors and youth.
 Project. An undertaking that is planned to conduct activities and achieve stated goals and objectives for which funds were awarded by the Department to a grantee from the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 Fund.  Records Retention Period. The period of time after the grant is closed out that a grantee must maintain records related to the grant, which is at least five years from the date the grant is closed by the Department.
 Supplant. Replace or reduce the amount of state or local funds currently being appropriated or previously appropriated for a purpose because grant funds are available or expected to be available to fund that same purpose. The effect of supplanting would be to reduce the total amount that would have been available for the purpose stated in the application or grant agreement.
 Tobacco Products. The same meaning as in Revenue and Taxation Code, Section 30130.50(b).

Item #6.2.

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PART II: GRANT OWNER’S MANUAL
Item #6.2.

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GRANT ACCEPTANCE AND TERMS
Award
Your award is not final upon initial notification. A letter of intent to accept the award will be attached to the award notification. Your agency must affirm that either (1) it will seek a resolution to accept the award, if your agency has a governing body, or (2) no governing body exists and no resolution is required. In order to officially accept the award, your agency must return the completed, signed letter of intent within 15 calendar days of the date of the award letter via email to [email protected] or hard copy to:

California Department of Justice
Division of Operations
Tobacco Grant Program
P.O. Box 160187
Sacramento, CA 95816-0187
Your agency may begin engaging in funded activities once a revised budget detail is received from the Department, but will not be eligible to receive reimbursement for expenditures until a MOU is fully executed with all applicable signatures and accompanying documents (e.g., Award Summary, Resolution, Government TIN form) are in place. The MOU must be approved by the head of your agency, or your agency’s governing body if one exists. The MOU and other accompanying documents must be returned within 90 days of receipt. Failure to return the letter of intent within 15 days or execute the MOU and other accompanying documents within 90 days will be deemed a declination of the award. In the event of an unclaimed or declined award, funding may be awarded to another applicant.

Terms and Conditions
By accepting these funds, your agency agrees to comply with, and be bound by, the conditions set forth in the MOU and this Handbook.

Department Grant Management
Each agency will be assigned a Grant Administrator from the Department for assistance with implementation and oversight of the agency’s specific grant program throughout the life cycle of the grant. The Grant Administrator will maintain regular communications with their agencies and will provide administrative direction and guidance.

Allowable Costs
In general, costs must meet all of the following general criteria to be allowable. An allowable cost must:
 Be reasonable for the performance of the grant, and allocable to the grant.  Be accorded consistent treatment. In the event a cost is assigned in one way and another cost incurred for the same purpose in like circumstances was previously allocated in the agency’s budget in another way, the grantee shall provide a description of both the Item #6.2.

16 | P a g e
current and the prior assignments. The description shall be sufficient for the Department to ascertain whether or not funds have been supplanted.  Be adequately documented.
 Comply with the Act and terms and conditions of the grant agreement.  Comply with applicable laws and regulations.
 Not be disallowed under the terms of the grant agreement.

A cost is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost. In determining the reasonableness of a given cost, consideration will be given to:
 Whether the cost is generally recognized as ordinary and necessary for the proper and efficient performance of the grant.
 The requirements of the grant program and the terms and conditions of the grant agreement.
 Market prices for comparable goods or services for the geographic area.  Whether the grantee deviates from its established practices and policies regarding the incurrence of costs, which may unjustifiably increase a cost.

A cost is allocable to the grant if the cost is incurred for grant-related activities. Unless otherwise provided for in the grant agreement, if a cost is incurred for the performance of grant-related activities and also for other non-grant-related activities, and benefits both grant and non-grant activities, the proportion that is incurred for the performance of grant-related activities may be approximated using reasonable and properly documented methods and assigned to the grant.

Specific costs that may be supported by funds awarded under the Tobacco Grant Program are as follows:

Personnel
Salaries, benefits and overtime are allowable expenses. Amounts claimed must be based on actual wages and supported by payroll and attendance records kept by the agency and must be made available to the Department upon request.

Travel
Travel that directly supports the applicant’s project may be reimbursed using grant funds, with limitations on expenditures for meals, incidentals, lodging and mileage. Travel may be billed and reimbursed only as allowed by the State of California’s established travel reimbursement rates in effect as of the date(s) of travel and must be included in the approved budget. Please refer to the California Department of Human Resources’ website at
http://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx for the most current approved travel reimbursement rates.

Item #6.2.

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Travel expenditures that exceed the State's allowable rates will be reimbursed only up to the amount allowed and the Grantee will be responsible for the balance.

Acceptable documentation for reimbursement of travel expenses includes copies of receipts for meals, lodging, etc., and if applicable, completed agency mileage forms. All receipts must show ‘paid’ by cash/check or credit card.

Training
Each grant recipient is encouraged to send at least one representative to a workshop offered by the Tobacco Grant Program during the first year of each grant award.

All trainings must be Tobacco Grant-related. If the training is not offered by DOJ and specifically related to the Tobacco Grant, then prior approval must be sought. To obtain prior approval for training, the Grantee must submit specific training information (e.g., flyer, agenda, registration notification, etc.) to confirm it covers tobacco-related content. Acceptable documentation for reimbursement of training expenses includes copies of receipts and proof of payment (copies of checks or credit card statements).

Equipment
Equipment that directly supports the applicant’s project proposal may be purchased using grant funds. Equipment is defined as an item that has a per-unit acquisition cost of $5,000 or more and a useful life of at least one year.

Acceptable documentation for equipment purchases include copies of receipts and proof of payment (copies of checks or credit card statements).

Supplies and Materials
Supplies and materials that directly support the applicant’s project proposal and are not restricted items may be purchased using grant funds. Items in this category have a per-unit cost of less than $5,000 and may be consumable.

Acceptable documentation for purchases of supplies and materials includes copies of receipts and proof of payment (copies of checks or credit card statements).

All items which include artwork and/or anti-tobacco messaging require pre-approval from DOJ.

As a guideline, the anti-tobacco logo/message must be the prominent feature and should be at least 25 percent larger than any other logo/message in the design. If there is a front and back to an item, the anti-tobacco logo/message must be placed on the front.

Supplanting
Pursuant to Revenue and Taxation Code section 30130.57, subdivision (e), grant funds are not to be used to supplant existing state or local funds that were already allocated for the same purpose.

If the Department or California State Auditor identifies that your agency has used grant funds to pay for costs that are already funded within your agency’s budget, or for which other funding has already been received, in order to reallocate existing funding to other purposes, the Department may pursue remedies for non-compliance.

Item #6.2.

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Restricted Items
Grant funds shall not be used to purchase items that are considered restricted and for personal use. Examples include, but are not limited to, the items on the following list. An item may not appear on this list but if it is determined to be for personal use, the Department will not provide reimbursement or if reimbursement has already occurred, the Department may pursue remedies for non-compliance. If an item appears on this list, or if there is a question about whether an item will be approved for reimbursement, then prior approval from the Tobacco Grant Program should be sought.
 Ammunition
 Awards
 Award Certificates
 Balloons
 Briefcases
 Calendars (Decorative)
 Cleaning supplies
 Coffee pots and supplies
 Facilities lease/rent
 Facilities renovations
 Firearms and related accessories (scopes, holsters, racks, etc.)  Food, beverages, and any other consumables
 Gift Cards
 Hand sanitizers
 K9
 Kleenex/tissue papers
 Luggage
 Luggage carriers
 Pepper spray
 Personalized products used to advertise an agency and/or programs (e.g., pens, magnets) not specific to anti-smoking/anti-tobacco campaigns. Any products in this category require prior approval from the Tobacco Grant Program
 Picture frames
 Plastic eating utensils
 Portable fans
Item #6.2.

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 Portable heaters
 Refreshments for meeting/conferences
 Refrigerators
 Ribbons
 Uniforms and standard complement items (BDUs, vests, boots, etc.)  Vehicles and/or vehicle trailer purchases (vehicle usage, leases, fees, and mileage reimbursement are allowable).

ACCESSING AND MANAGING GRANT FUNDS
Invoicing
Invoices must be submitted by mail on a quarterly basis, in arrears. Invoices are due October 15, January 15, April 15, and July 15. Submit original invoices on DOJ-provided forms with all required attachments, plus two complete copies, to:

Department of Justice
Division of Operations
Tobacco Grant Program
P.O. Box 160187
Sacramento, CA 95816-0187
A complete invoice package will include:
 The invoice cover page signed by the agency representative;  The invoice detail pages; and
 Documentation of costs incurred and their subsequent payment for all Operating Expenses and Equipment (Section B) claimed. Goods and services received must be shown to have been paid in full. Everything claimed for reimbursement requires documentation and the Grantee must be in possession of that documentation before requesting reimbursement.

Grant Modifications
A grantee may request a change in the use of grant funds, the project description, or the duration of the grant award, or other changes related to the project or budget by submitting the Grant Modification form, revised Budget Detail, and written justification that includes the reason the change is needed and that demonstrates the change is consistent with the approved grant objectives. Only one Grant Modification is allowed during the duration of the grant.

Grantees may request up to three Budget Modifications per fiscal year. A Budget Modification is limited to moving funds from one fiscal year to another or realigning funds to increase a line item by no more than 10 percent (10%) of the original amount awarded for the line item.

Item #6.2.

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Requests to extend the duration of the grant will not be considered unless received by DOJ at least six months prior to the end date on the MOU.

Record Maintenance
Your agency must maintain records relating to the application, grant agreement, budget, and performance of projects, for the records retention period established by your agency for those types of records or for five years after a grant is closed out by DOJ, whichever is longer. These records include, but are not limited to, reports of enforcement activities, educational programs, policy programs; personnel activity records; payroll records; travel claims; receipts; documents showing the calculation or methodology for determining whether funds were supplanted; and documents showing the calculation or methodology for determining administrative costs.

Audits
Grant fund recipients and sub-recipients are subject to audit by both the California State Auditor and the Department. In addition to formal audits, the California Department of Justice may conduct site visits with reasonable notice. All documentation related to the receipt and use of grant funds shall be made open to inspection upon request by the California State Auditor and/or the Department.

Reports
Quarterly progress reports must be submitted electronically on a quarterly basis. Grantees will be provided with a link and instructions via email prior to each report due date. Grantees are expected to describe grant activities undertaken pursuant to the grant during the reporting period.

Activities reported in quarterly progress reports will be compared to expenses claimed for reimbursement during the same period. Information reported via invoices and quarterly progress reports may be compiled for Department use.

Quarterly progress activity reports are due on the following dates:
 October 15
 January 15
 April 15
 July 15
The final quarterly progress report shall describe grant activities completed up to the end of the term of the grant award. DOJ may withhold the final reimbursement claim(s) or 10% of the grant amount, whichever is more, pending approval by DOJ of the final quarterly progress report.

Closing Out
Once your agency’s award expires, whether or not funds were fully expended, it must be closed out.

Funding
Expenses claimed for reimbursement must already be paid for by the Grantee, and the Grantee cannot claim expenses for reimbursement that were paid for by another party. A Grantee may not request reimbursement in an amount greater than the actual cost to the Grantee.

Item #6.2.

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Grant funds for reimbursement must be spent by the Grantee prior to the grant expiration date.

Any funds spent after the expiration date of the grant cannot be reimbursed, regardless of when they were obligated or problems with vendor fulfillment. Goods and services must be received, invoiced, and paid for by the Grantee during the grant term in order to be eligible for reimbursement.

Item #6.2.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Marni Rittburg, City Clerk
Meeting: City Council - Jan 17 2023
Subject: Affirm Resolution No. 2021-071 Allowing Teleconferenced Public Meetings Pursuant to Assembly Bill 361 (AB 361)
DESCRIPTION:

Consider affirming Resolution 2021-071 findings related to the state of emergency due to COVID-19 authorizing the City Manager to continue implementing teleconference accessibility to conduct public meetings pursuant to Assembly Bill 361.

RECOMMENDATION:

Staff recommends the City Council affirm Resolution 2021-071 findings in accordance with the provisions and findings of AB 361 to continue virtual/teleconference meetings of the City Council and City Boards, Commissions, and Committees after September 30, 2021.

BACKGROUND/SUMMARY:

On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which among other things rescinded his prior Executive Order N-29-20 and set a date of October 1, 2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act. With the surge of COVID-19 Delta Variant cases and the Executive Order N-08-21 sunsetting on September 30, 2021, Assembly Bill 361 (AB 361) was signed by Governor Newsom on September 16, 2021. AB 361 provides an alternative to the teleconferencing requirements of Government Code Section 54953(b)(3) if there is a state of emergency, and the legislative body makes certain factual findings regarding the state of emergency.

The goal of AB 361 is “to improve and enhance public access to local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options” consistent with Executive Order N-29-20. AB 361 will sunset on January 1, 2024.

Though adopted in the context of the pandemic, AB 361 allows for virtual meetings during other stateproclaimed emergencies, such as wildfires and earthquakes, where physical attendance may present a risk.

When there is a continuing state of emergency, or when state or local officials have imposed or recommended measures to promote social distancing, AB 361 requires a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting pursuant to AB 361, and to make those findings every 30 days thereafter, to continue to meet under these abbreviated teleconferencing procedures.

AB 361 amends Government Code Section 54953 to provide an alternative to having the public access the locations where City Councilmembers are teleconferencing in from. In order to have teleconference public meetings, without providing access to City Councilmember’s private residences, the City Council adopted Resolution 2021-071 stating that they have reconsidered the circumstances of the COVID-19 state of emergency and that the following circumstances exist:

Item #6.3.

1. The state of emergency as a result of COVID-19 continues to directly impact the ability of the members of City Council and the members of the City’s subordinate Committees, Commissions, and Boards to meet safely in person; and

2. The State of California and the City of Calistoga continue to recommend measures to promote social distancing.

3. The City Council has directed City Council Meetings to be Hybrid starting with the October 4, 2022, Regular Council Meeting.

4. Other City Boards, Commissions, and Committees may remain virtual or decide to hold hybrid meetings in the future.

AB 361 requires City Council to make these findings every 30 days to continue teleconference meetings. On October 5, 2021, Council adopted Resolution 2021-071, making the required findings under AB 361 and authorizing the City Manager to implement teleconference accessibility to conduct public meetings. Council has continued to reaffirm this resolution. Staff will continue to agendize this item once a month until the state of emergency is over, or City Council no longer believes teleconference meetings may be periodically necessary.

AB 361 also has several requirements to make sure that the public is able to watch and make public comments during the teleconferenced public meetings. These requirements include:
• Providing notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option.
• The Legislative Body cannot take further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored.
• Prohibiting the legislative body from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time.
• Prohibiting the legislative body from closing the public comment period until the public comment period has elapsed or until a reasonable amount of time has elapsed.

The City has already implemented the above stated requirements for conducting public meetings and is in full compliance with AB 361 and there will be no change to the currently established teleconference procedures.

CEQA STATUS:

The proposed Resolution is exempt from environmental review under the California Environmental Quality Act, Public Resource's Code section 21000 et seq. ("CEQA") pursuant to CEQA Guidelines Section 15061(b)(3) as it can be seen with certainty that the project has no potential for causing a significant effect on the environment.

FINANCIAL IMPACT:

There are no direct financial impacts from the enactment of the Resolution.

ATTACHMENT(S):

Attach 1 - Reso 2021-071 AB 361 Teleconferenced Public Meetings APPROVAL(S):

Item #6.3.

Nitish Sharma Approved - Jan 09 2023
Laura Snideman, City Manager Approved - Jan 09 2023
Marni Rittburg, City Clerk Approved - Jan 10 2023
Item #6.3.

RESOLUTION 2021-071

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

NAPA, STATE OF CALIFORNIA, AUTHORIZING THE INTERIM CITY MANAGER TO

IMPLEMENT TELECONFERENCED PUBLIC MEETINGS FOR CITY COUNCIL AND

ALL CITY COMMITTEES, COMMISSIONS AND BOARDS PURSUANT TO ASSEMBLY BILL 361
WHEREAS, COVID-19 is a respiratory disease which has now spread across the globe, with thousands of confirmed cases in California, including the City of Calistoga; and WHEREAS, on January 31, 2020, the United States Secretary of Health and Human Services declared a public health emergency based on the threat caused by COVID-19, and the President of the United States issued a Proclamation Declaring a National Emergency Concerning COVID-19 beginning March 1, 2020; and
WHEREAS, in response to COVID-19, the Governor of the State of California issued a Proclamation of a State of Emergency on in response to COVID-19 on March 4, 2020; and
WHEREAS, on March 16, 2020, the City Manager of the City of Calistoga proclaimed the existence of a local emergency related to the COVID-19 threat; and WHEREAS, the Calistoga City Council has the explicit power "to proclaim the existence or threatened existence of a "local emergency" if the city council is in session" or ratify the proclamation of a "local emergency" if the City Manager declares one while Council is not in session; Accordingly, this authority resides with City Council not with any of the Committees, Commissions, and Boards; and
WHEREAS, on March 20, 2021, City Council ratified the local emergency declaration proclamation by the City Manager related to COVID-19 with Resolution No. 2020-020; and WHEREAS, to mitigate the spread of COVID-19 the Centers for Disease Control and Prevention recommends that people "Avoid Crowded Spaces," "Choose events that take place outside with enough space for attendees to stay at least six-feet apart"; and WHEREAS, on March 17, 2020, the Governor issued Executive Order N-29-20, which suspended and modified the teleconferencing requirements under the Brown Act (California Government Code Section 54950 et seq.) so that legislative bodies can hold public meetings via teleconference (with audio or video communications, without a physical meeting location), as long as the meeting agenda identifies the teleconferencing procedures to be used; and WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which extended the provision of N-29-20 concerning the conduct of public meetings through September 30, 2021; and
WHEREAS, since issuing Executive Order N-08-21, the Delta variant has emerged causing spikes in COVID-19 cases throughout the state; and WHEREAS, California Assembly Bill 361 was signed into law on September 16, 2021, and amended Government Code Section 54953; and
Attachment 1Item #6.3.

Resolution No. 2021-071

WHEREAS, AB 361 has several requirements to make sure that the public is able to watch and make public comments during the teleconferenced public meetings, including:
• To provide notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option.
• The Legislative Body cannot take further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments, until public access is restored. • Prohibiting the legislative body from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time. • Prohibiting the legislative body from closing the public comment period until the public comment period has elapsed or until a reasonable amount of time has elapsed.

WHEREAS, the City is already implementing the above public meeting requirements now codified in Government Code Section 54953(e)(2)(B-G); and WHEREAS, Government Code Section 54953(b)(3) permits public meetings by teleconference but requires agendas be posted at all teleconference locations, each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public; and WHEREAS, Government Code Section 54953(e)(3)(A-B) provides an alternative to having public meetings in accordance with Government Code Section 54953(b)(3) when City Council has reconsidered the circumstances of the COVID-19 state of emergency and that the following circumstances exist:

1. The state of emergency as a result of COVID-19 continues to directly impact the ability of the members of City Council and the members of the City's subordinate Committees, Commissions, and Boards to meet safely in person; and

2. The State of California and the City of Calistoga continue to impose or recommend measures to promote social distancing.

WHEREAS, the City of Calistoga continues to impose or recommend measures to promote social distancing, which includes but is not limited to:
• Requiring staff and the public to wear masks inside City buildings; • Posting COVID-19 safety measures on doors and the City's website; • Placing hand sanitizer stations in City Hall and other public buildings.

WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City Staff, and any information provided during public meetings.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY find the flowing:

1. Declares that the above recitals are true and correct and are incorporated into this resolution as findings of the City Council.

Item #6.3.

Resolution No. 2021-071

2. Finds that proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378(b)(5), in that adopting a Resolution authorizing the City Manager to conduct teleconferenced public meetings for all the City's Committees, Commissions, and Boards does not meet CEQA's definition of a "project," because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment, and because the action constitutes organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. and is exempt pursuant to Section 15269(c) of the CEQA Guidelines, as specific actions necessary to prevent or mitigate an emergency

3. Finds that City Council has reconsidered the circumstances of the COVID-19 state of emergency and that the following circumstances exist:
• The state of emergency as a result of COVID-19 continues to directly impact the ability of the members of City Council and the members of the City's subordinate Committees, Commissions, and Boards to meet safely in person; and • The State of California and the City of Calistoga continue to impose or recommend measures to promote social distancing.

4. Declares that as a result of the findings in provision 3 above, that the Interim City Manager is authorized to implement teleconferenced public meetings for all the City's Committees, Commissions, and Boards pursuant to Assembly Bill 361.

5. If any section, subsection, sentence, clause, phrase or word of this resolution is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this resolution. The City Council hereby declares that it would have passed and adopted this resolution and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid.

6. This Resolution shall become effective immediately but directs staff to agendize this Resolution within 30 days for City Council to reconsider the circumstances of the state of emergency and findings of provision 3.

PASSED, APPROVED AND ADOPTED this 5th day of October 2021. I, MARNI RITTBURG, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Councilmembers Gift, Kraus, and Williams, Vice Mayor Lopez-Ortega, and Mayor Canning
None
None
None
~~
Item #6.3.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Jan 17 2023
Subject: Measure T Approval of the Maintenance of Effort (MOE) DESCRIPTION:

1. Consider adopting a Resolution Approving that Maintenance of Effort was met for Fiscal Year 2021/22 Under the Measure T Program. 2. Consider adopting a Resolution Approving Certification of Equivalent Fund Expenditures under Measure T Program.

RECOMMENDATION:

Consider adopting the Resolutions.

BACKGROUND/SUMMARY:

During the November 6, 2012, General Election the voters of Napa County approved a ½-cent sales tax increase known as Measure T (the Measure), the Napa Countywide Road Maintenance Act of 2012. The Measure became effective July 1, 2018, and was implemented and administered by the Napa Valley Transportation Authority – Taxing Authority (“NVTA-TA”). Tax proceeds are allocated among all local agencies within the County under a formula-based approach.

As approved by the voters, the Measure revenue is for maintenance and reconstruction of streets, roads, transportation infrastructure within the public right-of-way, associated administration and design costs, including but not limited to sidewalks, curbs and gutters, traffic signals, curb ramps, stormwater operations, lighting, traffic signage, striping, and local roadway drainage. The Measure is intended to complement, not replace, the City’s annual budgeted amount for street improvements.

Per the Measure, the city is required to do the following:
• Report annually to the NVTA-TA that funds allocated to the city from Measure T have been spent on projects that meet the MOE requirements.
• Commit eligible revenues totaling at least 6.67% of the value of the total annual allocations of Measure T Funds to Class 1 Bike Facility projects identified in the adopted Countywide Bicycle Plan.

The City Council approved the annual MOE amount in the amount of $287,001 by Resolution No. 2018-014. The city has met its obligation in fiscal year 2021/22 in spending the annual MOE amount.

The City Council approved Amendment No. 1 to the Measure T Master Funding Agreement by Resolution No. 2022-076. The city must demonstrate to NVTA-TA that they have individually Item #6.4.

committed eligible revenues totaling at least 6.67% of the value of the total annual allocations of Measure T funds to Class 1 Bike Facility Projects.

The Measure T ordinance allows the agencies to set aside the annual 6.67% commitment until there are sufficient funds to complete a Class I Bike Project. The Measure T revenue for FY18/19 was $529,144, for FY19/20 was $501,380, for FY 20/21 was $552,601 and for FY 21/22 was $668,273.

The City’s current commitment to fund a Class I Bike Project is $150,168.

CEQA STATUS:

The recommended actions described in this report are not in-of-themselves a “project” pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15378) since they do not result in a physical change in the environment.

FINANCIAL IMPACT:

There is no immediate financial impact as the MOE obligation of $287,001 was already part of the Public Works Streets Program budgeted for FY21/22, in General Fund Account No. 01-5402-4905- 4915 and Transportation Impact Fees, Account No. 01-5610-4915 totaling $300,000. The MOE obligation requires General Fund monies be used to support local street and road maintenance and operational programs. The City will need to budget $287,001 annually from the General Fund to meet our MOE obligation.

ATTACHMENT(S):

1. Draft Resolution - Maintenance of Effort for Fiscal Year 2021/22

2. Draft Resolution - Certification of Equivalent Fund Expenditures APPROVAL(S):

Nitish Sharma Approved - Jan 06 2023
Laura Snideman, City Manager Approved - Jan 09 2023
Marni Rittburg, City Clerk Approved - Jan 10 2023
Item #6.4.

RESOLUTION 2023-XXX

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

NAPA, STATE OF CALIFORNIA, APPROVING THAT MAINTENANCE OF EFFORT WAS MET FOR FISCAL YEAR 2021/22 UNDER THE MEASURE T PROGRAM WHEREAS, on November 6, 2012, the voters of Napa County passed the Napa Countywide Road Maintenance Act, also known as Measure T, which imposes a half cent transaction and use (sales) tax to provide supplemental funding for road maintenance as detailed in the Measure T Expenditure Plan; and WHEREAS, the Napa Valley Transportation Authority is the designated agency that administers and oversees the Measure T revenues; and WHEREAS, the City of Calistoga is an eligible recipient of Measure T funds; and WHEREAS, the tax proceeds will be used to pay for the projects outlined in the Measure T Expenditure Plan allocated to the County of Napa and the cities and town within Napa County (“Local Agencies”) as set forth in Measure T; and WHEREAS, under the Measure T Expenditure Plan, Measure T funds are provided to the Local Agencies to be used for street and road projects as defined in the Measure; and
WHEREAS, the City of Calistoga has entered into a Master Agreement with NVTA-TA that outlines procedures for Measure T expenditures; and WHEREAS, the City Council on February 20, 2018, approved the annual Maintenance of Effort in the amount of $287,001; and
WHEREAS, the “Maintenance of Effort” of the City of Calistoga must be maintained annually throughout the term of the Measure from the General Fund of the City of Calistoga; and
WHEREAS, by January 1st each calendar year, the City of Calistoga must certify to and provide NVTA-TA a copy of supporting documentation as well as a Resolution approved by the governing body of the City of Calistoga, demonstrating that the Maintenance of Effort was met the prior fiscal year; and WHEREAS, Measure T project(s) will comply with the requirements under the California Environmental Quality Act (California Code Sections 21000 et seq.; as implemented through California Regulations Title 14, Chapter 3, Sections 15000 et seq).

ATTACHMENT 1
Item #6.4.

Resolution No. 2023-XXX

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY find the flowing:

1. The Council hereby approves that the Maintenance of Effort was met for Fiscal Year 2020/21 and authorizes the Public Works Director to report the amount to NVTA-TA.

BE IT FURTHER RESOLVED that the City Council of the City of Calistoga, State of California, does hereby approve that the Maintenance of Effort in the amount of $287,001 included in the Public Works Streets Program budgeted for FY20/21, in General Fund Account No. 01-5402-4905-4915 and Transportation Impact Fees Account No. 01- 5610-4915 totaling $300,000 meeting the cities local obligation.

PASSED, APPROVED AND ADOPTED this 17
th day of January, 2023. I, MARNI
RITTBURG, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:
____________________________ __________________________ Marni Rittburg, CMC, City Clerk Donald Williams, Mayor
Item #6.4.

RESOLUTION 2023-XXX

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

NAPA, STATE OF CALIFORNIA, APPROVING CERTIFICATION OF EQUIVALENT

FUND EXPENDITURES UNDER MEASURE T PROGRAM
WHEREAS, on November 6, 2012, the voters of Napa County passed the Napa Countywide Road Maintenance Act, also known as Measure T, which imposes a half cent transaction and use (sales) tax to provide supplemental funding for road maintenance as detailed in the Measure T Expenditure Plan; and WHEREAS, the Napa Valley Transportation Authority is the designated agency that administers and oversees the Measure T revenues; and WHEREAS, the City of Calistoga is an eligible recipient of Measure T funds; and WHEREAS, the tax proceeds will be used to pay for the projects outlined in the Measure T Expenditure Plan allocated to the County of Napa and the cities and town within Napa County (“Local Agencies”) as set forth in Measure T; and WHEREAS, under the Measure T Expenditure Plan, Measure T funds are provided to the Local Agencies to be used for streets and roads projects as defined in the Measure; and
WHEREAS, the City of Calistoga has entered into a Master Agreement with NVTA-TA that outlines procedures for Measure T expenditures; and WHEREAS, in order to receive funding under this Agreement, the Local Agencies must demonstrate to NVTA-TA that they have individually committed eligible revenues totaling at least 6.67% of the value of the total annual allocations of Measure T funds to Class 1 Bike Facility projects identified in the adopted Countywide Bicycle Plan; and
WHEREAS, 6.67% of the value of the total annual allocations of Measure T funds will be deemed the “Equivalent Fund Spending for Class I Bicycle Facilities” of the City of Calistoga, which must be maintained annually throughout the term of the Measure from the General Fund of the City of Calistoga]; and
WHEREAS, the City of Calistoga has been setting aside 6.67% of the value of the total annual allocations of Measure T funds to sufficiently fund a Class I Bike Facility project in future years; and
WHEREAS, by January 31
st each calendar year, the City of Calistoga must certify to and provide NVTA-TA a copy of supporting documentation as well as a Resolution approved by the governing body of the City of Calistoga, demonstrating that the Equivalent Fund Class I Bicycle Facilities spending occurred during the prior fiscal year; and
WHEREAS, Measure T project(s) will comply with the requirements under the California Environmental Quality Act (California Code Sections 21000 et seq.; as ATTACHMENT 2
Item #6.4.

Resolution No. 2023-XXX

implemented through California Regulations Title 14, Chapter 3, Sections 15000 et seq).

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY find the flowing:

1. The Council hereby adopts the Class I Bicycle Facilities expenditures amount equivalent to 6.67% of the value of the total annual allocations of Measure T funds and this funding can be set aside and accumulate over multiple years to sufficiently fund a Class I Bike Facility project in future years and authorizes the Public Works Director or designee to file the amount with NVTA-TA.

PASSED, APPROVED AND ADOPTED this 17
th day of January, 2023. I, MARNI
RITTBURG, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:
____________________________ __________________________ Marni Rittburg, CMC, City Clerk Donald Williams, Mayor
Item #6.4.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Jan 17 2023
Subject: Transportation Development Act Article 3 Funding Authorization DESCRIPTION:

1. Consider adopting a Resolution ratifying the submittal of an application to the Metropolitan Transportation Commission (MTC) for the allocation of Fiscal Year 2023/24 Transportation Development Act Article 3 funding in the amount of $150,000 for the Logvy Sidewalk Connection and authorizing the City Manager or Public Works Director to execute all grant documents and agreements on behalf of the city for this project. 2. Consider adopting a Resolution ratifying the submittal of an application to the Metropolitan Transportation Commission (MTC) for the allocation of Fiscal Year 2022/23 Transportation Development Act Article 3 funding in the amount of $150,000 for the Lincoln Avenue Crosswalk at Brannan Street and authorizes the City Manager or Public Works Director to execute all grant documents and agreements on behalf of the city for this project.

RECOMMENDATION:

Consider adopting the Resolutions.

BACKGROUND/SUMMARY:

The Transportation Development Act (TDA), Public Utilities Code Sections 99233.3 and 99234, makes funds available in the nine-county MTC Region for pedestrian/bicycle purposes. Transportation Development Act Article 3 (TDA-3) funds are intended to be used exclusively for bicycle and pedestrian projects. These funds are allocated annually to Napa County and its incorporated cities and are locally administered by the Napa Valley Transportation Authority (NVTA). The TDA-3 grant program generally funds minor (low cost) pedestrian and bicycle projects and safety education. Public Works staff requested NVTA fund both projects with the grant funding and was successful in obtaining $300,000. Now MTC and the NVTA require resolutions from the city in order to receive the requested monies. The attached Resolutions are provided for Council consideration.

DISCUSSION
Logvy Park Sidewalk Connection
The project is to install approximately one thousand and eighty lineal feet of ten-foot-wide sidewalk at Logvy Park completing the loop around the sports fields per the Logvy Park Master Plan. This will provide connectivity between the residential areas on the southwest side of the Napa River (via the future pedestrian bridge over the Napa River at South Oak) and the Logvy Park recreational facilities, the Calistoga Boys and Girls Club, Napa County Pre-School, and all facilities north of Washington Street. As identified in the 2020 Feasibility Report for the pedestrian bridge, when completed this will provide enhanced pedestrian access for approximately 333 residences on the south side of the river.

Lincoln Avenue Crosswalk at Brannan Street
Item #6.5.

The purpose of the project is to improve pedestrian safety and traffic calming at the Lincoln Avenue/ Brannan Street/ Wappo Avenue intersection by installing a crosswalk on Lincoln Avenue with a rectangular rapid flashing beacon (RRFB) and modified curb returns. The speed of turning movements from Lincoln Avenue will be reduced by reducing the radius of curb returns on the southeast corner of Brannan/Lincoln and the northwest corner of Wappo/Lincoln. This crosswalk is used by residents on Brannan Street including students attending Calistoga Junior-Senior High School. The construction plans and technical specifications are complete. An encroachment permit application has been submitted to Caltrans.

CEQA STATUS:

The grant funding authorization recommended by this report are not projects pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15378. The implementation of the projects are also anticipated to be exempt under 15301 as they are not expanding or have negligible expansion to existing park road facilities.

FINANCIAL IMPACT:

Should the City Council approve the Resolutions, the $300,000 grant would provide the city with $150,000 in funding towards the Logvy Park Sidewalk Project in FY 2023/24 and $150,000 toward Lincoln Avenue Crosswalk at Brannon Street project in FY 2022/23.

ATTACHMENT(S):

1. Draft Resolution for TDA-3 for Logvy Park Sidewalk Connection

2. Draft Resolution for TDA-3 for Lincoln Avenue Crosswalk at Brannan Street APPROVAL(S):

Nitish Sharma Approved - Jan 06 2023
Laura Snideman, City Manager Approved - Jan 09 2023
Marni Rittburg, City Clerk Approved - Jan 10 2023
Item #6.5.

RESOLUTION NO. 2023-XXX

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

NAPA, STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO SUBMIT

A REQUEST TO THE METROPOLITAN TRANSPORTATION COMMISSION FOR THE ALLOCATION OF FISCAL YEAR 2023/24 TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 PEDESTRIAN/BICYCLE PROJECT FUNDING FOR THE LOGVY

PARK SIDEWALK CONNECTION PROJECT
WHEREAS, Article 3 of the Transportation Development Act (TDA), Public Utilities Code (PUC) Section 99200 et seq., authorizes the submission of claims to a regional transportation planning agency for the funding of projects exclusively for the benefit and/or use of pedestrians and bicyclists; and
WHEREAS, the Metropolitan Transportation Commission (MTC), as the regional transportation planning agency for the San Francisco Bay region, has adopted MTC Resolution No. 4108, Revised, entitled “Transportation Development Act, Article 3, Pedestrian/Bicycle Projects,” which delineates procedures and criteria for submission of requests for the allocation of “TDA Article 3” funding; and WHEREAS, MTC Resolution No. 4108, Revised requires that requests for the allocation of TDA Article 3 funding be submitted as part of a single, countywide coordinated claim from each county in the San Francisco Bay region; and WHEREAS, the City of Calistoga desires to submit a request to MTC for the allocation of TDA Article 3 funds for funding for the Logvy Park Sidewalk Connection Project, which is for the exclusive benefit and/or use of pedestrians and/or bicyclists.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY find the following:

1. The City of Calistoga declares it is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code.

2. There is no pending or threatened litigation that might adversely affect the Logvy Park Sidewalk Connection Project, or that might impair the ability of the City of Calistoga or its designee to carry out the project.

3. The City of Calistoga attests to the accuracy of and approves the statements in Attachment A to this resolution.

4. A certified copy of this resolution and its attachments, and any accompanying supporting materials shall be forwarded to the congestion management agency, countywide transportation planning agency, or county association of governments, as the case may be, of Napa County for submission to MTC as part of the countywide coordinated TDA Article 3 claim.

ATTACHMENT 1
Item #6.5.

Resolution No. 2023-XXX

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY find the following:

1. The Council hereby ratifies the submittal of a TDA 3 funding allocation request for the Logvy Park Sidewalk Connection Project and adopts the findings contained in Attachment A.

BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGA that the City Manager or the Public Works Director, is hereby authorized to execute all project administration documents including a funding agreement and any amendments thereto between the City of Calistoga and the Napa Valley Transportation Authority for the Logvy Park Sidewalk Connection project.

PASSED, APPROVED AND ADOPTED this 17th day of January, 2023. I, MARNI RITTBURG, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:
____________________________ __________________________ Marni Rittburg, CMC, City Clerk Donald Williams, Mayor
Item #6.5.

MTC Programming and Allocations Section April 2021 TDA Article 3 Model Resolution Page 1 Resolution No. 2023-
Attachment A
page 1 of 1
TDA Article 3 Project Application Form
Fiscal Year of this Claim: 2023/24 Applicant: City of Calistoga Contact person: Derek Rayner
Mailing Address: 414 Washington Street, Calistoga, CA 94515 E-Mail Address: [email protected] Telephone: (707) 942-2828 Secondary Contact (in event primary not available) Hamid Heidary E-Mail Address: [email protected] Telephone: (707) 942-2828 Project Title (Short Description): Logvy Park Sidewalk Connection Amount of claim: $ 150,000
Description of Overall Project:

Project Scope Proposed for Funding: (Project level environmental, preliminary planning, and ROW are ineligible uses of TDA funds.) Project Budget and Schedule
Project Eligibility: YES?/NO?
A. Has the project been approved by the claimant's governing body? (If "NO," provide the approximate date approval is anticipated).

Yes
B. Has this project previously received TDA Article 3 funding? If "YES," provide an explanation on a separate page. No C. For "bikeways," does the project meet Caltrans minimum safety design criteria pursuant to Chapter 1000 of the California Highway Design Manual? (Available on the internet via: http://www.dot.ca.gov).

N/A
D. Has the project been reviewed by the Bicycle and Pedestrian Advisory Committee? (If "NO," provide an explanation). Yes E. Has the public availability of the environmental compliance documentation for the project (pursuant to CEQA) been evidenced by the dated stamping of the document by the county clerk or county recorder? (required only for projects that include construction).

Yes
F. Will the project be completed before the allocation expires? Enter the anticipated completion date of project (month and year) June 2024
Yes
G. Have provisions been made by the claimant to maintain the project or facility, or has the claimant arranged for such maintenance by another agency? (If an agency other than the Claimant is to maintain the facility provide its name:
)
Yes
Project Phase TDA 3 Other Funds Total Cost
Estimated Completion
(month/year)
Bike/Ped Plan -
ENV -

PA&ED -
PS&E -
ROW -
CON -
Total Cost - - -
Install approximately one thousand and eighty lineal feet of ten foot wide sidewalk at Logvy Park completing the loop around the sports fields per the Logvy Park Master Plan. This will provide connectivity between the residential areas on the southwest side of the Napa River (via the future pedestrian bridge over the Napa River at South Oak) and the Logvy Park recreational facilities, the Calistoga Boys and Girls Club, Napa County Pre-School, and all facilities north of Washington Street. As identified in the 2020 Feasibility Report for the pedestrian bridge, when completed this will provide enhanced pedestrian access for approximately 333 residences on the south side of the River.

Design, Construction, Inspection, Project Management, Contingency, and Project Close Out.

Item #6.5.

RESOLUTION NO. 2023-XXX

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

NAPA, STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO SUBMIT

A REQUEST TO THE METROPOLITAN TRANSPORTATION COMMISSION FOR THE ALLOCATION OF FISCAL YEAR 2022/23 TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 PEDESTRIAN/BICYCLE PROJECT FUNDING FOR THE LINCOLN

AVENUE CROSSWALK AT BRANNAN STREET PROJECT
WHEREAS, Article 3 of the Transportation Development Act (TDA), Public Utilities Code (PUC) Section 99200 et seq., authorizes the submission of claims to a regional transportation planning agency for the funding of projects exclusively for the benefit and/or use of pedestrians and bicyclists; and
WHEREAS, the Metropolitan Transportation Commission (MTC), as the regional transportation planning agency for the San Francisco Bay region, has adopted MTC Resolution No. 4108, Revised, entitled “Transportation Development Act, Article 3, Pedestrian/Bicycle Projects,” which delineates procedures and criteria for submission of requests for the allocation of “TDA Article 3” funding; and WHEREAS, MTC Resolution No. 4108, Revised requires that requests for the allocation of TDA Article 3 funding be submitted as part of a single, countywide coordinated claim from each county in the San Francisco Bay region; and WHEREAS, the City of Calistoga desires to submit a request to MTC for the allocation of TDA Article 3 funds for funding for the Lincoln Avenue Crosswalk at Brannan Street Project, which is for the exclusive benefit and/or use of pedestrians and/or bicyclists.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY find the following:

1. The City of Calistoga declares it is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code.

2. There is no pending or threatened litigation that might adversely affect the Lincoln Avenue Crosswalk at Brannan Street Project, or that might impair the ability of the City of Calistoga or its designee to carry out the project.

3. The City of Calistoga attests to the accuracy of and approves the statements in Attachment A to this resolution.

4. A certified copy of this resolution and its attachments, and any accompanying supporting materials shall be forwarded to the congestion management agency, countywide transportation planning agency, or county association of governments, as the case may be, of Napa County for submission to MTC as part of the countywide coordinated TDA Article 3 claim.

ATTACHMENT 2
Item #6.5.

Resolution No. 2023-XXX

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY find the following:

1. The Council hereby ratifies the submittal of a TDA 3 funding allocation request for the Lincoln Avenue Crosswalk at Brannan Street Project and adopts the findings contained in Attachment A.

BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGA that the City Manager or the Public Works Director, is hereby authorized to execute all project administration documents including a funding agreement and any amendments thereto between the City of Calistoga and the Napa Valley Transportation Authority for the Lincoln Avenue Crosswalk at Brannan Street project.

PASSED, APPROVED AND ADOPTED this 17th day of January, 2023. I, MARNI RITTBURG, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:
____________________________ __________________________ Marni Rittburg, CMC, City Clerk Donald Williams, Mayor
Item #6.5.

MTC Programming and Allocations Section April 2021 TDA Article 3 Model Resolution Page 1 Resolution No. 2023-
Attachment A
page 1 of 1
TDA Article 3 Project Application Form
Fiscal Year of this Claim: 2022/23 Applicant: City of Calistoga Contact person: Derek Rayner
Mailing Address: 414 Washington Street, Calistoga, CA 94515 E-Mail Address: [email protected] Telephone: (707) 942-2828 Secondary Contact (in event primary not available) Hamid Heidary E-Mail Address: [email protected] Telephone: (707) 942-2828 Project Title (Short Description): Lincoln Avenue Crosswalk at Brannan Street with Flashing Beacon Amount of claim: $ 150,000
Description of Overall Project:

Project Scope Proposed for Funding: (Project level environmental, preliminary planning, and ROW are ineligible uses of TDA funds.) Project Budget and Schedule
Project Eligibility: YES?/NO?
A. Has the project been approved by the claimant's governing body? (If "NO," provide the approximate date approval is anticipated).

Yes
B. Has this project previously received TDA Article 3 funding? If "YES," provide an explanation on a separate page. No C. For "bikeways," does the project meet Caltrans minimum safety design criteria pursuant to Chapter 1000 of the California Highway Design Manual? (Available on the internet via: http://www.dot.ca.gov).

N/A
D. Has the project been reviewed by the Bicycle and Pedestrian Advisory Committee? (If "NO," provide an explanation). Yes E. Has the public availability of the environmental compliance documentation for the project (pursuant to CEQA) been evidenced by the dated stamping of the document by the county clerk or county recorder? (required only for projects that include construction).

Yes
F. Will the project be completed before the allocation expires? Enter the anticipated completion date of project (month and year) June 2023
Yes
G. Have provisions been made by the claimant to maintain the project or facility, or has the claimant arranged for such maintenance by another agency? (If an agency other than the Claimant is to maintain the facility provide its name:

Caltrans )
Yes
Project Phase TDA 3 Other Funds Total Cost
Estimated Completion
(month/year)
Bike/Ped Plan -
ENV -

PA&ED -
PS&E -
ROW -
CON -
Total Cost - - -
The purpose of the project is to improve pedestrian safety and traffic calming at the Lincoln Avenue/ Brannan Street/ Wappo Avenue intersection by installing a crosswalk on Lincoln Avenue with a rectangular rapid flashing beacon (RRFB) and modified curb returns. The speed of turning movements from Lincoln Avenue will be reduced by reducing the radii of curb returns on the southeast corner of Brannan/Lincoln and the northwest corner of Wappo/Lincoln. This crosswalk is used by residents on Brannan Street including students attending the Calistoga Junior-Senior High School. The construction plans and technical specifications are complete. An application for encroachment permit has been submitted to Caltrans.

Design, Construction, Inspection, Project Management, Contingency, and Project Close Out.

Item #6.5.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Jeff Mitchem, Planning & Building Director
Meeting: City Council - Jan 17 2023
Subject: Uncodified Ordinance: 2nd Reading Relinquishing Enforcement Responsibility for Mobile Home Parks and Installations and Special Occupancy Parks
DESCRIPTION:

Consideration of proposed uncodified Ordinance 758 canceling the City of Calistoga’s enforcement responsibility for mobile home parks (MHP) and installations and special occupancy parks under the California Health and Safety Code.

RECOMMENDATION:

Adopt Uncodified Ordinance No. 758 as submitted.

BACKGROUND/SUMMARY:

At the City Council meeting on December 6, 2022, the City Council waived the first reading and introduced the attached Ordinance No. XXX, to transfer MHP park enforcement authority back to the California Department of Housing and Community Development (“HCD”).

On May 21, 1991, the Calistoga City Council adopted its Resolution No. 91-32 declaring its intention to enforce mobile home park provisions of the California Health and Safety Code. Within recent years, City Staff resources have reduced to below satisfactory levels with respect to technical capacity to meet increasing demand for MHP inspections and enforcement.

California Government Code Section 18865 authorizes the City to relinquish enforcement responsibility for MHP and installations and special occupancy parks and transfer such responsibility back to HCD. Acknowledging the large number of mobile home lots in the City (555) and limited City Staff resource and expertise, Calistoga City Council concludes that it is in the best interests of the City and its residents to transfer MHP park enforcement authority back to HCD.

The purpose of the attached Ordinance (Attachment 1) is to repeal the City’s enforcement responsibility for MHPs and installations and special occupancy parks pursuant to Health and Safety Code Section 18865 and Title 25 of the California Code of Regulations Section 2005 and the City Manager is authorized and directed to take additional action as necessary to transfer enforcement responsibility to HCD.

Upon adoption of the attached Ordinance, City will transmit written notification (Attachment 2) transferring City enforcement to the California State Department of Housing and Community Development (HCD). Subsequent to the written notification and prior to the effective date of transference, City will transmit 1) all fees collected for annual permits to operate in an amount equal to the percentage of the year remaining before the permits to operate expire, and 2) all MHP records.

Item #6.6.

City Staff contacted all MHP owners and on-site managers and received unanimous support for transference of enforcement authority to the State.

CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:

This action would be broadly consistent with Council Goal 5: Offer excellent professional services to all customers. Specifically, it would be in furtherance of Priority Project 5.1 Research and implement various opportunities for outside service agencies or private companies to provide routine city functions in order to free City staff for higher-level activities and special projects and reduce the need for additional employees.

CEQA STATUS:

Exempt
FINANCIAL IMPACT:

It is likely that this action will result in a positive net impact on the city's finances and/or and increase in services levels related to inspections and/or code enforcement. The immediate direct impact is the loss of approximately $16,000 in annual fees, including operation permits ($4,500), inspection fees ($2,500), and rent stabilization fees ($9,000). General Fund Account 01-4115-3299 includes $7,260 for FY 22-23. The loss of revenues in the General Fund will be offset by the staff expenses associated with the inspections, permits, and code enforcement activities. If approved by Council, this item will result in a net savings of approximately $9,000 in the General Fund, assuming staff will be assigned to other revenue-generating areas.

ATTACHMENT(S):

ATTCH 1 Ordinance 758 Uncodified Cancellation of MHP Enforcement Responsibility ATTCH 2 Letter Cancelling Enforcement Responsibility
APPROVAL(S):

Nitish Sharma Approved - Jan 06 2023
Laura Snideman, City Manager Approved - Jan 09 2023
Marni Rittburg, City Clerk Approved - Jan 10 2023
Item #6.6.

ORDINANCE NO. 758

AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALISTOGA

RELINQUISHING ENFORCEMENT RESPONSIBILITY FOR MOBILEHOME PARKS

AND INSTALLATIONS AND SPECIAL OCCUPANCY PARKS
WHEREAS, on May 21, 1991, the Calistoga City Council adopted its Resolution No. 91-32 declaring its intention to enforce mobile home park provisions of the California Health and Safety Code; and
WHEREAS, the City of Calistoga (“City”) has limited financial and human resources to provide services to its residents; and
WHEREAS, California Government Code Section 18865 authorizes the City to relinquish enforcement responsibility for mobilehome parks and installations and special occupancy parks and transfer such responsibility back to the California Department of Housing and Community Development (“HCD”); and
WHEREAS, the Calistoga City Council finds that it is in the best interests of the City and its residents to effect the transfer of mobilehome park enforcement authority back to HCD;

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

SECTION 1. Findings. The above recitals are true and correct, and incorporated herein by reference and each is relied upon independently by the City Council for its adoption of the Ordinance.

SECTION 2. Purpose and Authority. The purpose of this Ordinance is to repeal the City’s enforcement responsibility for mobilehome parks and installations and special occupancy parks pursuant to Health and Safety Code Section 18865 and Title 25 of the California Code of Regulations Section 2005.

SECTION 3. Repeal of Enforcement Responsibility. Resolution No. 91-32, declaring the City’s intention to enforce mobile home park provisions of the Health and Safety Code, is rescinded and repealed.

SECTION 4. Authorization. The City Manager is authorized and directed to take the required actions to complete the transfer to HCD of enforcement responsibility for mobilehome parks and installations and special occupancy parks.

SECTION 5. Environmental Determination. The City Council finds and declares that the adoption and implementation of this Ordinance are exempt from the provisions of the California Environmental Quality Act under section 15061(b)(3) in that the City Council finds there is no possibility that the implementation of this Ordinance may have significant effects on the environment.

Item #6.6.

Ordinance No. 758

SECTION 6. Severability. If any section or portion of this ordinance shall be determined to be invalid or unconstitutional, such section or portions shall be deemed severable and all other sections or portions hereof shall remain in full force and effect.

SECTION 7. Effective Date. This ordinance shall be effective 30 days from the date of passage and adoption.

SECTION 8. 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 of the 6
th day of December 2022, and was passed and
adopted at a regular meeting of the Calistoga City Council on the 17th day of January 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:

By:

Don Williams, Mayor
ATTEST:

Marni Rittburg, City Clerk
APPROVED AS TO FORM:

Michelle M. Kenyon, City Attorney
Item #6.6.

January 10, 2023
Mobilehome and Special Occupancy Parks Program
California Department of Housing & Community Development 9342 Tech Center Drive, Suite 500
Sacramento, California 95826
RE: Cancellation of Mobilehome Parks Act and Special Occupancy Parks Act Enforcement Responsibility
Mobilehome and Special Occupancy Parks Program:

Pursuant to California Health and Safety Code sections 18300(e) and 18865(e), and title 25 of the California Code of Regulations sections 1005 and 2005, the City of Calistoga is formally noticing the Department of Housing and Community Development (HCD) of its intent to cancel its assumption of responsibility for enforcement of the Mobilehome Parks Act (Part 2.1) and the Special Occupancy Parks Act (Part 2.3). The City of Calistoga’s proposed effective date for cancellation is April 18, 2023. A copy of Calistoga City Council Ordinance No. XXX, adopted on January 17, 2022, is attached for your reference.

The City of Calistoga will remit all fees due to HCD in accordance with Health and Safety Code sections 18300(e)(2) and 18865(e)(2), and all Park records as specified in title 25 of the California Code of Regulations, sections 1005(b)(3), and 2005(b)(3).

We look forward to working together with the HCD to transfer applicable fees and records for an orderly transition.

Please contact the undersigned with any questions or requests for further information.

Sincerely,
Jeff Mitchem
Planning & Building Director

CITY OF CALISTOGA
1232 Washington Street • Calistoga, CA 94515
Telephone 707-942-2800
Fax 707-942-0732
www.ci.calistoga.ca.us
ATTACHMENT 2
Item #6.6.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Jan 17 2023
Subject: Napa Valley Vine Trail – Calistoga to St. Helena Segment – Amendment to Funding Agreement No. 842
DESCRIPTION:

Consider authorizing the City Manager to execute an Amendment to the Funding Agreement with the Napa Valley Transportation Authority and approving a budget adjustment for Caltrans Review and Final Engineering for the Napa Valley Vine Trail Calistoga to St. Helena Segment.

RECOMMENDATION:

Staff recommends an Amendment to the Funding Agreement and approving a budget adjustment.

BACKGROUND/SUMMARY:

In August of 2013, the Napa Valley Transportation Authority (NVTA) and the city adopted the CountyWide Bicycle Plan which included a 47-mile continuous connected bike path known as the Vine Trail (the Trail) from Calistoga to American Canyon with a connection to the Vallejo Ferry Terminal providing an important link to the greater Bay Area. Approximately 12.5 miles of the Trail have been completed from southern Napa to Yountville and NVTA is currently building the segment between St.

Helena and Calistoga. The Calistoga to St Helena Segment is an 8.4-mile Class I Pathway from Fair Way and Lincoln Avenue in Calistoga to Pratt Ave in St. Helena.

On September 17, 2019, Calistoga City Council Approved a resolution that authorized the City of Calistoga to enter into City of Calistoga Agreement No. 842 whereby the City of Calistoga contributed a total of $242,000 over two fiscal years for design/environmental/permitting costs. The first $104,000 went towards 65% design work and the next $138,000 towards final design. As part of this Funding Agreement, there was a clause that stated any funding shortfalls the project incurred may require additional funding and that these were initial estimates.

Since 2019, the segment of the Vine Trail between Calistoga and St. Helena has presented several challenges including but not limited to its alignment, endangered species, overlapping PG&E and California Department of Transportation (Caltrans) projects and associated right-of-way acquisition that have driven up costs. The first major additional cost was a Cooperation Agreement between NVTA and Caltrans for $235,000 for Caltrans staff review of CEQA documents and design and engineering documents to support the approval of a Caltrans permit. The breakdown of the costs of the Caltrans Agreement is as follows:
• $126,900 - Napa County (approved by the Board of Supervisors March 10, 2020) • $54,050 - St Helena (approved by St. Helena City Council on February 25, 2020) • $54,050 – Calistoga (presented today for Calistoga City Council approval) Item #6.7.

The second major costs were Amendments to RSA’s Professional Engineering Design, Environmental and Construction Documents Services Agreement for the Vine Trail. These Amendments addressed various design changes required for CalFire, PG&E gas line replacement and additional hazardous material testing needed for the project to go out to bid. The breakdown of the costs of the two RSA+ Amendments are as follows:
• $53,350 – Napa County (approved by the Board of Supervisors in two parts on September 1, 2020, and June 22, 2021)
• $25,200 – St Helena (approval pending)
• $25,200 – Calistoga (presented today for Calistoga City Council approval) • $85,482 – Napa Valley Vine Trail Coalition (Approved by the Napa Valley Vine Trail Coalition Board on October 21, 2020)
The Calistoga portion, $79,250, of these additional costs is being presented to the Calistoga City Council for consideration this evening. Adoption of this resolution would bring the City of Calistoga up to date with their final design/environmental/permitting contributions to the Vine Trail Calistoga to St Helena Segment that is currently being constructed.

CEQA STATUS:

Mitigated Negative Declaration (State Clearinghouse Number 2020060572) adopted by the NVTA Board on August 19, 2020.

FINANCIAL IMPACT:

The City of Calistoga would pay NVTA $79,250 by June 30, 2023. There is $40,000 in CIP Account No. 01-5521-4905 for the Fairway path extension, otherwise known as funding for the Vine Trail project. Staff requests a budget adjustment of $39,250 from the Transportation Impact Fund to cover the additional design/environmental/permitting costs.

ATTACHMENT(S):

1. Calistoga Amendment No. 1 Funding Agreement
APPROVAL(S):

Nitish Sharma Approved - Jan 06 2023
Laura Snideman, City Manager Approved - Jan 10 2023
Marni Rittburg, City Clerk Approved - Jan 10 2023
Item #6.7.

NAPA VALLEY TRANSPORTATION AUTHORITY AGREEMENT NO. 19-10 CITY OF CALISTOGA AGREEMENT NO.842
AMENDMENT NO. 1 FUNDING AGREEMENT
THIS AMENDMENT NO. 1 TO NAPA VALLEY TRANSPORTATION AUTHORITY AGREEMENT NO. 19-10 AND CITY OF CALISTOGA AGREEMENT NO. 842 ("Agreement") is made and entered into as of this ____ day of ______________, 2022, by and between the NAPA VALLEY TRANSPORTATION AUTHORITY (hereinafter referred to as "NVTA"), and the City of Calistoga, whose mailing address is 1232 Washington Street, CA 94515 (hereinafter referred to as “CITY”, and collectively referred to herein as the “Parties”);

RECITALS
WHEREAS, on September 17, 2019 the Parties entered into an Agreement whereby the CITY agreed to provide financial support of the construction of the Vine trail Segment from Calistoga to St. Helena (“Project”) upon the meeting of certain conditions precedent; and
WHEREAS, the parties desire to amend the Agreement to increase the previous commitment by $79,250 to a total of $321,250 and those funds to be used for fees to support California Department of Transportation (Caltrans) staff review of CEQA documents and design and engineering documents to support the approval of Caltrans permits and for the completion of the project design and engineering phase to allow the project to go out to bid.

NOW, THEREFORE, the NVTA and the CITY agree to amend the Agreement as follows:

TERMS

1. Section 3 of the Agreement is amended to read in full as follows:

3. Payment of Funds. Funding for the Project shall be paid to NVTA as follows:

ATTACHMENT 1
Item #6.7.

a. By June 30, 2020, the CITY shall make one (1) a total payment to NVTA for ONE HUNDRED FOUR THOUSAND DOLLARS ($104,000) no later than the execution of the design, engineering and environmental contract agreement. (65%design).
b. By June 30, 2021, the CITY shall make one (1) lump sum payment to NVTA for ONE HUNDRED THIRTY EIGHT THOUSAND DOLLARS ($138,000) after the full execution of the final design, engineering and environmental contract agreement.
c. By June 30, 2023 the CITY shall make (1) lump sum payment to NVTA for FIFTY FOUR THOUSAND AND FIFTY DOLLARS ($54,050) upon the full execution of the Caltrans Cooperative Agreement.
d. By June 30, 2023 the CITY shall make (1) lump sum payment to NVTA for TWENTY FIVE THOUSAND TWO HUNDRED DOLLARS ($25,200) upon completion of the Plans, Specifications and Estimates (PS&E) phase. e. NVTA will use allocated funding as well as local support to fund the Project. f. Future Funding Shortfall Commitment. CITY understands that the costs to complete the Project are preliminary estimates and recognize that completion of the Project by NVTA may require additional funding. In the event that there are funding shortfalls, CITY agrees to work cooperatively with NVTA and other partners and identify and provide additional funding to reimburse NVTA for any reasonable Project funding shortfalls.

2. Except as set forth above, the terms and condition of the Agreement and prior amendments shall remain in full force and effect as previously approved.

IN WITNESS WHEREOF, the duly authorized representatives of the parties to this Agreement have executed it as of the date first above written.

CITY NVTA

By:____________________________ By: ___________________________ LAURA SNIDEMAN, City Manager KATE MILLER, Executive Director ATTEST: ATTEST:

By:____________________________ By:_____________________________ MARNI RITTBURG, City Clerk LAURA. SANDERLIN
Item #6.7.

Secretary of the Board
APPROVED AS TO FORM: APPROVED AS TO FORM:

By: ____________________________ By: ___________________________ MICHELLE KENYON, City Attorney OSMAN MUFTI, NVTA Counsel

Item #6.7.

EXHIBIT A
ST. HELENA
Item #6.7.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Laura Snideman, City Manager
Meeting: City Council - Jan 17 2023
Subject: Napa County Climate Action Committee and a Regional Climate Action Plan DESCRIPTION:

Napa County Climate Action Committee and a Regional Climate Action Plan RECOMMENDATION:

Hear presentation about the Napa County Climate Action Committee ("CAC") and provide direction to the Calistoga City Council representatives to the CAC regarding a regional climate action plan BACKGROUND/SUMMARY:

Calistoga’s prior representatives to the CAC were Chris Canning and Gary Kraus. County and City staff wish to provide an update to Calistoga's new council and receive direction related to prior decisions to participate in the formation of a regional climate action plan.

CEQA STATUS:

N/A
FINANCIAL IMPACT:

Funding for a regional climate action plan will need to be considered at a future meeting.

APPROVAL(S):

Nitish Sharma Approved - Jan 06 2023
Laura Snideman, City Manager Approved - Jan 10 2023
Marni Rittburg, City Clerk Approved - Jan 10 2023
Item #7.1.

Climate Action Committee (CAC)
Item #7.1.

Outline
• CAC Historical Overview
• Summary of greenhouse gas (GHG)
local inventory and forecast.
• Review of State and local actions.
• Examples of other regional climate
planning.
• Questions and discussion for elected
officials to consider.

Item #7.1.

Historical Overview
• Began meeting in 2019
• Governance: 2021 Joint Powers Agreement
– 2 elected officials from each jurisdiction (12 total
members)
– Staffed by Napa County as Administering Agency
– County pays 35% with remainder funded
proportionally by jurisdiction
• Purpose: To establish a collaborative framework to
reduce greenhouse gas emissions and limit future
adverse effects of climate change
• Accomplishments: BAAQMD grant; Greenhouse gas
(GHG) local inventory and forecast
• Initiatives: Regional Climate Action Plan; memos on
carbon sequestration and short-lived climate pollutantsItem #7.1.

What are the regional GHG sources?
Imported Water
<0.5% Wastewater
4%
Agriculture
8%
Off-Road Equipment
9%
Solid Waste
16%
Building Energy
23%
On-Road Transportation
39%
Item #7.1.

What are the main sources by sector?
• 75% of building energy emissions are from
natural gas.
• 67% of on-road transportation emissions are
from commercial vehicles
• Solid waste includes historic garbage deposited
at the two landfills located in the
unincorporated County
• 25% of off-road equipment emissions are from
lawn and garden equipment
• 46% of agricultural emissions are from off-road
equipment
Item #7.1.

Where do GHG emissions occur?
Yountville
2%
Calistoga
3%
St. Helena
5%
American Canyon
16%
Unincorporated
County
31%
City of Napa
43%
Item #7.1.

How do jurisdictions vary?
Item #7.1.

City of Calistoga
Item #7.1.

How does 2019 compare with 2005?
• 26% decrease in on-road vehicle emissions.
• 34% decrease in building energy.
• 17% increase in solid waste.
• 27% total decrease in these three sectors.
0 200,000
400,000
600,000
800,000
1,000,000
1,200,000
2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 MTCO2e/year
Building Energy On-Road Transportation Solid Waste
Item #7.1.

What does 2030 look like?
With State/Federal legislation, we will see:
• 5% decrease in total GHG emissions.
• Decreases will occur in imported water (-24%);
on-road transportation (-22%); and agriculture
(-11%).
• Increases will occur in wastewater (16%), solid
waste (13%), off-road equipment (13%), and
building energy (3%).

Without State/Federal legislation, total emissions
will be 17% higher in 2030 than in 2019.

Item #7.1.

What does 2030 look like?
-
200
400
600
800
1,000
1,200
1,400
1,600
2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 GHG Emissions (MTCO2e)
Thousands
Imported Water Wastewater Agriculture Off-Road Equipment Solid Waste Building Energy On-Road Transportation BAU
Item #7.1.

What is the State doing?
• Governor
• Achieve statewide carbon neutrality as
soon as possible, and no later than 2045
(AB 1279).
• Create clean electricity targets of: 90% by
2035; 95% by 2040; and 100% by 2045
(SB 1020).
• Establish a regulatory framework for
carbon removal and carbon capture,
utilization and sequestration (SB 905 and
1314).
• Develop an achievable carbon removal
target for natural and working lands (AB
1757).

Item #7.1.

What is the State doing?
• California Air Resources Board 2022 Climate
Scoping Plan calls for:
• 100% of light/medium trucks sales are EV
by 2040:
• 20% of aviation fuel is met by batteries or
hydrogen by 2045:
• All electric appliances in new buildings by
2026 (residential) and 2029 (commercial);
• 25% of ag and construction equipment
electric by 2030 and 75% by 2045;
• 100% locomotive sales electric by 2035;
• 20% of ag must be organic by 2045; and
• Protect 2.5 million acres of forest and
grassland annually from land conversion.

Item #7.1.

What is local government doing?
All jurisdictions are required by law to:
• Address ‘climate adaptation and resilience’ in
their Safety Element (Senate Bill 379), but only
40% have complied).
• Address ‘climate change’ through the
California Environmental Quality Act (CEQA),
both at the project and the cumulative level.
• Implement new construction standards
through updated Building Codes.
• A Climate Action Plan is not required,
although 30% of cities and counties have
adopted one.

Item #7.1.

What is local government doing?
In addition, each of the cities, town, and county in
Napa have:
• Adopted individual Climate Action Plans or are
in the process of preparing/updating plans.
• Adopted a Climate Emergency Proclamation.
• Participate in and fund the Napa Countywide
Climate Action Committee.
• Provide public outreach and education on
green and sustainable programs.
• Implement a variety of energy efficiency and
GHG reduction activities appropriate for their
individual community.

Item #7.1.

What are other regions doing?
• Regional Climate Protection Authority (2009) –
Provides or information and collaboration for the
county and 9 cities.
• Regional Climate Action Plan (2019) – Provides
goal setting and collaboration for the county, 7
cities, and the Redwood Coast Energy Authority.
• Tahoe Regional Planning Agency (1969) –
Provides a plan for 2 states, 4 counties, 2 cities,
and a Presidential appointee to implement.
• San Diego Association of Governments (2010) –
Provides climate information and planning for
the county and 19 cities.

Item #7.1.

Questions
• Does the City of Calistoga support having
the Climate Action Committee pursue
grants, and develop a scope or work and
budget to prepare a Regional Climate
Action Plan?
• Are there any questions for staff?
Item #7.1.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Laura Snideman, City Manager
Meeting: City Council - Jan 17 2023
Subject: Committee Assignments
DESCRIPTION:

Committee Assignments
RECOMMENDATION:

Make annual committee assignments
BACKGROUND/SUMMARY:

DISCUSSION/BACKGROUND
The Mayor and Council Members serve on various local and regional boards, committees, commissions, and the like representing Calistoga’s interests. In some instances, participation is open to all councilmembers. In many instances where there is discretion, the mayor makes recommendations on appointments to these groups for the full city council to confirm or modify. In some instances, the mayor, and sometimes the Vice-Mayor, may be automatically designated pursuant to by-laws, Joint Powers Agreement or other guiding documents and in those instances will be reflected as “automatic.” Summarized Recommended and/or Required Representation
A. Ad Hoc Committees
a. Calistoga Community Enrichment Grant – Lopez-Ortega and Cooper b. Calistoga Business Diversification Program Grant – Williams and Cooper B. Association of Bay Area Governments (ABAG) – Williams (representative) and Lopez-Ortega (alternate)
C. Calistoga Tourism Improvement District (TID) – Williams D. MCE Clean Energy - Delegate to Napa County Board of Supervisors’ Representative Supervisor Ryan Gregory
E. Napa County City Selection Committee – Williams (automatic representative) and Lopez-Ortega alternate
F. Napa County Climate Action Committee (CAC) – Eisenberg and Gift G. Napa County Flood Control & Water Conservation District – Williams (automatic representative) and Lopez-Ortega (alternate subject to District confirmation we are allowed an alternate) Item #7.2.

H. Napa Valley tourism Corporation (NVTC), Governing body to Napa Valley Tourism Improvement District (NVTID) – Williams
I. Napa Valley Transportation Authority – Williams (automatic representative #1), Eisenburg (representative #2), and Lopez-Ortega (alternate)
J. Upper Valley Waste Management Agency – Cooper (representative) and Lopez-Ortega (alternate) K. Watershed Information & Conservation Council – Gift (representative) and Cooper (alternate) Descriptions of Groups

1. AD HOC COMMITTEES
Ad Hoc committees serve as advisory committees to the full Council and are comprised of two (2) councilmembers for the purpose of a specific, time-limited task and therefore are exempt from certain provisions of the Brown Act. Initial review of the Community Enrichment and Business Diversification grants are the purpose of this year’s ad hoc committees.

2. ASSOCIATION OF BAY AREA GOVERNMENTS (ABAG) - http://abag.ca.gov/ ABAG is the official comprehensive planning agency for the San Francisco Bay region. a. ABAG General Assembly
The General Assembly determines policy matters for the Association, including adoption of the annual general budget and summary work program.

The council appoints a representative and an alternate.

The General Assembly meets annually, usually in April in San Francisco.

There is a stipend of $150 per meeting.
a. Additional research is underway about the ABAG Executive Committee and Regional Planning Committee

3. CAL CITIES including North Bay Division and policy committees- https://www.calcities.org/ This is the state-wide association that advocates on behalf of cities in California. Participation is open to all councilmembers (membership is through the City) with the organization administering appointments to various assignments.

Each year the Council will appoint a voting delegate for the annual fall meeting several weeks prior to the meeting date.

4. CALISTOGA TOURISM IMPROVEMENT DISTRICT -
https://www.calistogachamber.com/calistoga-tid-committee/ The TID administers funding for tourism related marketing programs and activities to help benefit the assessed tourism businesses.

One Director shall be an elected official of the City of Calistoga.

5. MCE CLEAN ENERGY - https://www.mcecleanenergy.org/
MCE is a Community Choice Aggregation (CCA) program that the City Council voted to join. A CCA acts as an alternative energy provider to PG&E, providing consumers with an option to purchase energy that is 50%-100% generated from renewable energy sources such as solar, wind, water, and biopower. The role Item #7.2.

of the CCA is to allow consumers to choose from where to purchase power, and to create a mix of energy sources that meets the mission of the CCA program, which is to maximize the purchase of clean energy, while providing customers with a stable and competitive price. Other aspects of PG&E services (such as power transmission, billing, etc.) continue with PG&E for all customers.

The council may appoint a councilmember to the board or they can defer to the Napa County appointment.

Meetings are held the 3rd Thursday of the month at 7:00 p.m. As of March 2023, the meetings will be at the MCE offices in San Rafael and Concord.

6. NAPA COUNTY CLIMATE ACTION COMMITTEE - https://www.countyofnapa.org/3378/ClimateAction-Committee In June 2019, the six jurisdictions in Napa County took action regarding the countywide commitment to address climate change and in 2020 formed the Napa County Climate Action Committee (CAC).

The CAC consists of two elected officials from each of the six jurisdictions. The CAC is administered and staffed by Napa County.

Meetings are 9-11 am the 4th Friday of every month January – October and 3rd Friday of the month November – December and are likely to be in Napa starting in March.

7. NAPA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT - https://www.countyofnapa.org/1403/Flood-Control-Water-Conservation-Distric The Napa County Flood Control and Water Conservation District (District) is the local sponsor for the Napa River Flood Management Plan and administers water supply contracts, watershed management and stormwater management programs throughout Napa County. The District’s mission is the conservation and management of flood and storm waters to protect life and property; the maintenance of the County watershed using the highest level of environmentally sound practices; and to provide coordinated planning for water supply needs for the community.

The Mayor automatically serves as the Board member from Calistoga.

Meetings are the 1st Tuesday of each month at 1:30 p.m. in Napa

8. NAPA COUNTY LEAGUE OF GOVERNMENTS (NCLOG) AND CITY SELECTION

COMMITTEE
All elected officials are invited to participate in evening programs of regional interest approximately three times a year. The City Selection Committee operates through NCLOG and the mayors are automatically part of the committee that periodically recommends appointments as necessary to other bodies such as the Local Agency Formation Commission (LAFCO).

9. NAPA VALLEY TOURISM CORPORATION (NVTC), Governing body to Napa Valley Tourism Improvement District (NVTID)
https://www.visitnapavalley.com/about-us/napa-valley-tid/ On June 15, 2010, at the request of the lodging industry in Napa County, the Napa County Board of Supervisors voted to adopt the Napa Valley Tourism Improvement District (NVTID), endorsed by the cities of American Canyon, Calistoga, Napa and St. Helena, the Town of Yountville, and the County's unincorporated area. The NVTID was formed under the provisions of the Property and Business Improvement District Law of 1994 (Streets and Highways Code Section 36600 et seq.). The District includes lodging businesses (hotels, motels, bed and breakfasts, etc.), which pay Transient Occupancy Taxes. The District's activities are funded by a 2% assessment on gross short term (less than 30 days) room rentals on lodging businesses. The assessment commenced on July 1, 2010.

The NVTID Management District Plan (MDP) calls for the NVTID to contract with an "owners association," which is the Napa Valley Tourism Corporation (NVTC), a non-profit corporation, to manage the overall nonlocal destination tourist promotion and marketing activities. Visit Napa Valley is currently the face of the Item #7.2.

organization that is funded by the NVTID as selected by the NVTC Board. Also, the MDP calls for Local Governance Committees to manage how the individual jurisdictions' 0.5% share of the assessment will be spent. See Calistoga TID earlier in this list.

The NVTC Board is composed of eight representatives of assessed lodging businesses, a representative from each of the six county/city/town governmental jurisdictions, and a representative of Visit Napa Valley.

The council selects a representative from the Calistoga Tourism Improvement District (TBID) board (generally the elected representative or the city manager.) It meets periodically, generally 3-4 times/year.
10) NAPA VALLEY TRANSPORTATION AUTHORITY (NVTA) - http://www.nvta.ca.gov/ NVTA serves as the Congestion Management Agency for Napa County. Formed in 1998 as a joint effort by the Cities of American Canyon, Calistoga, Napa, and St. Helena; the Town of Yountville; and the County of Napa. A Joint Powers Authority, NVTA handles the county's short- and long-term regional transportation planning, working closely with its local, regional, state, and federal partners to improve Napa County's streets, highways, and bicycle and pedestrian facilities. Responsible for programming state and federal funds for local projects, the agency's goals, duties, and composition make it easier for local governments to tackle the increasingly complex problem of traffic congestion.

Two elected members from each of Napa County’s five incorporated jurisdictions and the County of Napa are appointed to serve on NVTA’s Board of Directors with the ability to appoint an alternate. The mayor from each incorporated jurisdiction is automatically one of the two members from each city.

Meetings are held the 3rd Wednesday of the month at 1:30 p.m. in the NVTA Board Room, 625 Burnell St., Napa.
11) UPPER VALLEY WASTE MANAGEMENT AGENCY (UVWMA) -
https://www.countyofnapa.org/1534/Upper-Valley-Waste-Management-Agency The UVWMA was created for the purpose of coordinating solid waste services in the upvalley area (generally Yountville and north). The five agency members include two members and one alternate from the Board of Supervisors and three representatives and alternates from the Cities of St. Helena and Calistoga, and the Town of Yountville.

Meetings are held the 3rd Monday of the month at 1:30 p.m. in the Yountville Town Council Chambers, 6550 Yount St. Yountville.
12)WATERSHED INFORMATION AND CONSERVATION COUNCIL (WICC) https://www.landcan.org/local-resources/Watershed-Information-Center-and-Conservancy-ofNapa-County/23060/ https://www.napawatersheds.org/
The WICC is intended to be a long-term resource management program that provides public outreach, educational efforts and monitoring coordination, inventory and assessment, and data management.

Council appoints a representative and an alternate.

Meetings are held the 4th Thursday of every third month at 3:00 p.m. in Napa.

FPPC Form 806
When councilmembers receive a stipend for serving on an outside committee, board or commission, the FPPC requires the filing of Form 806 with the city clerk which is used to report additional compensation that officials receive when appointing themselves to positions on committees, boards, or commissions of another public agency or to a committee or position of the agency of which the public official
Item #7.2.

is a member. An official may vote to hold another position even if the voting official will receive additional income, so long as the public is informed prior to the vote or consent item. FPPC Regulation 18702.5 requires the official to file Form 806 under these circumstances. When there is a change in compensation or a new appointment, Form 806 is updated to reflect the change. The form must be updated promptly as changes occur. Each agency must post on its website a single Form 806 which lists all the paid appointed positions to which an official will vote to appoint themselves.

CEQA STATUS:

N/A
FINANCIAL IMPACT:

All related meeting expenses are paid for the the City Council's budget.

ATTACHMENT(S):

Reso Appointments to Other Agency Boards and Commissions APPROVAL(S):

Nitish Sharma Approved - Jan 10 2023
Marni Rittburg, City Clerk Approved - Jan 10 2023
Item #7.2.

RESOLUTION NO. 2023-XXX

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

OF NAPA, STATE OF CALIFORNIA, CONFIRMING THE MAYOR AND ELECTED OFFICIALS’ APPOINTMENTS TO VARIOUS BOARDS & COMMISSIONS WHEREAS, California Government Code Section 40605 states that the Mayor, with the approval of the City Council, shall make all appointments to boards, commissions, and committees; and
WHEREAS, at the January 17, 2022 Calistoga City Council meeting, Council discussion was held for consideration of the Mayor’s recommendation for appointment to various boards and commissions.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY confirms the Mayor’s appointment to the following boards & commissions:

A. Ad Hoc Committees
a. Calistoga Community Enrichment Grant – Lopez-Ortega and Cooper b. Calistoga Business Diversification Program Grant – Williams and Cooper B. Association of Bay Area Governments (ABAG) – Williams (representative) and Lopez-Ortega (alternate)
C. Calistoga Tourism Improvement District (TID) – Williams D. MCE Clean Energy - Delegate to Napa County Board of Supervisors’ Representative Supervisor Ryan Gregory
E. Napa County City Selection Committee – Williams (automatic representative) F. Napa County Climate Action Committee (CAC) – Eisenberg and Gift G. Napa County Flood Control & Water Conservation District – Williams (automatic representative) and Lopez-Ortega (alternate subject to District confirmation we are allowed an alternate)
H. Napa Valley tourism Corporation (NVTC), Governing body to Napa Valley Tourism Improvement District (NVTID) – Williams
I. Napa Valley Transportation Authority – Williams (automatic representative #1), Eisenburg (representative #2), and Lopez-Ortega (alternate) J. Upper Valley Waste Management Agency – Cooper (representative) and Lopez-Ortega (alternate)
Item #7.2.

Resolution No. 2018-XXX

K. Watershed Information & Conservation Council – Gift (representative) and Cooper (alternate)
PASSED, APPROVED AND ADOPTED this 17th day of January 2023. 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: SAMPLE ONE-PAGE RESOLUTION AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED: _________________________ ___________________________ Marni Rittburg, City Clerk Donald Williams, Mayor Item #7.2.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Jeff Mitchem, Planning & Building Director
Meeting: City Council - Jan 17 2023
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:

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 one-quarter of California’s disposed waste stream annually.

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 and last year the City Council concurred with this effort when approving Resolution 2022-054, defining the Green Committee’s role, duties, and responsibilities for FY 22-23.

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:
• 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.

Item #7.3.

• 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.
• Update Chapter 19.12 Single-Use Carryout Bag Reduction to provide consistency with the ordinance in regard to waste reduction.
• Take effect one year from City Council approval to provide sufficient time for business owners to secure a supply of acceptable foodware.

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, it is recommended that they would be amended for consistency with the Ordinance and are recommended to 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 requiring contracting parties to prevent the use of polystyrene foodware and products or plastic bottled beverages is also recommended.

An update to Chapter 19.12 Single-Use Carryout Bag Reduction is recommended by the Green Committee to provide consistency with the Ordinance. As the Chapter is currently written, a reusable bag includes plastic bags at least 2.25 mils (thousands of an inch) thick or a bag that has a minimum lifetime capability of 125 or more uses carrying 22 or more pounds over a distance of at least 175 miles. As envisioned, for consistency’s sake, the Chapter would be revised such that food providers in Calistoga shall only provide reusable cloth bags or recyclable paper bags to customers at check out. Customer provided bags would be allowed. Revisions to the chapter would also include the elimination of plastic produce bags, or pre-check out bags, where the food provider shall only provide bio bags or recyclable paper bags. A grace period of 6 to 9 months from Ordinance approval would be provided to allow food providers to come into compliance. These revisions would not ban the sale of shopping bags or trash bags that are usually provided in commercial boxes at grocery stores. In 2025, California will become the first state to prohibit grocery stores from providing single-use, noncompostable bags to shoppers before they reach the checkout counter; therefore, some of the proposed revisions detailed in Exhibit D would need to be implemented within the next 2 years regardless.

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. Several food vendors shared that they have already started the transition from noncompostable and non-recyclable foodware products to reusable and/or compostable and recyclable products. Some have written support letters to the Calistoga Tribune. A support letter for Calistoga’s efforts in regulating the use of non-compostable and non-recyclable products has grown to Item #7.3.

approximately 570 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 indicated they even offered a discount to customers.

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, and perform 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 (not specifically budgeted) would be for staff time needed to assist the Green Committee with outreach efforts to continue educating business owners and monitoring compliance.

ATTACHMENT(S):

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

Nitish Sharma Approved - Jan 06 2023
Laura Snideman, City Manager Approved - Jan 10 2023
Marni Rittburg, City Clerk Approved - Jan 10 2023
Item #7.3.

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

Item #7.3.

Ordinance No. XXX
Foodware Ordinance

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, drive-in, coffee shop, cafeteria, short-order cafe, luncheonette, grill, sandwich shop, hotel, motel, movie house, theater, bed and breakfast inn, tavern, bar, cocktail 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 Item #7.3.

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Foodware Ordinance

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 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 Item #7.3.

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Foodware Ordinance

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 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 Item #7.3.

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Foodware Ordinance

(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 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. Disposable Foodware Accessories shall not be bundled. A Food Provider for delivery service may include lids, spill Item #7.3.

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Foodware Ordinance

plugs, and sleeves without request for Disposable/Non-Reusable Cups as necessary for safe transport.

3. Food Providers shall provide convenient opportunities for Customers to affirmatively request Disposable 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 may permit use of customer-provided bags and shall only provide food bags that are paper or Compostable.

5. Food Providers may 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.

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 Item #7.3.

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Foodware Ordinance

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.

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 Item #7.3.

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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 Compostable 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. Medical supplies and services.

3. 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.

4. 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.).

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 Item #7.3.

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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.

Item #7.3.

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.

Item #7.3.

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).

Item #7.3.

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
Item #7.3.

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:
___________________________________________
Item #7.3.

PP ___ – Foodware Related Purchasing and Contracting Procedures Laura Snideman, City Manager
Item #7.3.

Item #7.3.

2 Municipal Code Amendments
Regulating Reusable Foodware
and Waste Reduction
City Council
January 17, 2023
Item #7.3.

3 Background
• Single-use plastic
foodware products
• Several jurisdictions
have enacted bans
• Large contributor to
California’s plastic
waste
• AB 1276
• Local support
Item #7.3.

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
Item #7.3.

5 Issues to Consider
ISSUE Ordinance
(ATTCH A)
Policy
(ATTCH C)
Exempt or
Does not Apply
Restrictions on small events like family
gatherings using City Facilities. X
Restrictions on drinking water systems in
City offices and facilities. X
Restrictions on City purchases. X
Restrictions on any person providing food
for retail (refer to Food Providers def.) X
Restrictions on any City-sponsored or cosponsored event. X Restrictions for Special Event Permits. X
Restrictions during periods of declared
emergencies. X
Restrictions on medical supplies and
services. X
Item #7.3.

Item #7.3.

2 Municipal Code Amendments
Regulating Reusable Foodware
and Waste Reduction
City Council
January 17, 2023
Item #7.3.

3 Background
• Single-use plastic
foodware products
• Several jurisdictions
have enacted bans
• Large contributor to
California’s plastic
waste
• AB 1276
• Local support
Item #7.3.

4 Proposed Ordinance

1. Take effect 1 year from City Council approval

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, Ch. 19.12 & City’s Administrative
Policy
Item #7.3.

5 Issues to Consider
ISSUE Ordinance
(ATTCH A)
Policy
(ATTCH C)
Exempt or
Does not Apply
Restrictions on individuals' gatherings at
City Facilities (non-contracted). X
Restrictions on drinking water systems in
City offices and facilities. X
Restrictions on City purchases. X
Restrictions on any person providing food
for retail (refer to Food Providers def.) X
Restrictions on any City-sponsored or cosponsored event. X Restrictions for Special Event Permits. X
Restrictions during periods of declared
emergencies. X
Restrictions on medical supplies and
services. X
Item #7.3.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Mitch Celaya, Chief
Meeting: City Council - Jan 17 2023
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 #7.4.

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 #7.4.

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 #7.4.

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.

Item #7.4.

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.

Item #7.4.

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:

Item #7.4.

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
Item #7.4.

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).

Item #7.4.

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.

Item #7.4.

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.

Item #7.4.

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_
Item #7.4.

Marni Rittburg
From:

Sent
To:

Subject
Jill Albanese
Monday, January 16, 2023 2:31 PM
Public Comment
Noise Concerns
CAUTION: This email originated from outside of tbe organization. Do not click links or open attachments unless you recognize the sender and_know t he content is safe.

Good afternoon City Council members
I am resending the email that I sent earlier this year since I understand that noise concerns might be discussed during Tuesday's meeting.

I am writing today with the hope that you might be able to help with a situation that has become an ongoing nuisance and is impacting the quality of life in our neighborhood. Some neighbors have been throwing loud parties with live amplified music for several years, which has been particularly unhealthy lately. For example, neighbors recently threw loud parties that included live bands playing amplified music on August 27, September 2, and September 10. Each weekend the loud music lasted from approximately 5:00 PM until 10:15 PM. The music is so loud that we can't watch 1V in our homes, and we certainly can't enjoy our yard or open our windows to let in cool air in the evening. My neighbors and I have called the police, but they have informed us that there is little they can do to assist.

Last year we had a similar situation in which the neighbors had parties with loud music for several weekends in a row.

After three weeks of dealing with the excessive noise, I called the police and asked if they could ask that the band not play so loud. After the police left, the neighbor came to my house and told me that the police had informed her that their band could play their live amplified music until 10:00 PM. The live band played for six hours, the music was so loud that my windows shook, and the noise registered over 80 decibels in my house. This is not an exaggeration; that was how loud the music was, according to my dB Decibel X !Phone app. I finally approached the neighbor at approximately 10:30 PM and asked if the band could stop playing so loud. Unfortunately, several intoxicated men immediately surrounded me, and I felt like I was in a dangerous situation, so I left. Because of that experience, I feel these situations need to be handled by the police, not left to neighbors to handle on their own.

I hope the City Council can provide some resources to the police that would allow them to enforce Calistoga's noise ordinance. It is my understanding that the City's Noise Ordinance (Municipal Code Section 8.20.020) establishes that it shall be unlawful for any person or business to cause or to be used or operated any mechanical devise or instrument for the 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 are disturbed unless approved through an established permit process.

In addition, the City's website states, The City of Calistoga has established a code enforcement program to ensure compliance with the City's laws and regulations for land use, zoning, building, housing, and environmental health. The City places a high priority on code compliance as a means of accomplishing adopted community goals, such as 1 Item #7.4.

maintaining the quality of neighborhoods, avoiding nuisances, and protecting the environment. The code enforcement is not intended to be selective or discriminatory against any one individual, group, area, or business. Alleged code violations are investigated by Staff as they are reported or discovered, and steps are taken to resolve confirmed violations prior to initiation of abatement procedures.

It is my impression that the police do not feel empowered to enforce the noise ordinance in Calistoga. Instead, these incidents seem to be treated as one neighbor complaining about another or "noise complaints". One neighbor told me that a police officer suggested that she could file a lawsuit against the loud neighbor. That seems unreasonable when we have existing laws and codes in place to deal with this very issue. In addition, filing lawsuits or forcing neighbors to confront this issue on their own can lead to clashing among neighbors and could escalate an already bad situation.

I appreciate your willingness to take the time to read this. I enjoy living in Calistoga and love this community, but unfortunately, a few extremely inconsiderate neighbors are making our neighborhood an unhealthy place to live. 2 Item #7.4.

Marni Rittburg
From:

Sent:

To:

Subject
Jennie Taylor
Tuesday, January 17, 2023 3:55 PM
Public Comment
Noise ordinance request
Additio .

Meeting of-1../.-1-:;,H-,,--
ltem N ___,..-, Distributed1~,-a,•,~~
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hello,
My name is Jennie Taylor and I've been a home owner in Calistoga since 2016. I'm writing to request that our town's "no amplified music" ordinance be enforced the the police. Between September 3rd through October 1st, neighbors directly to the side, front, and back of my property held outdoor live music concerts in their yards which included drums and amplifiers for 4 out of the 5 weekends. These concerts were from a_pproximately 5:00-10:15/10:30pm when the police shut them down due to the time.

During these events the music, particularly the drums and amplified singing, is so loud that even with all windows and doors shut, a white noise machine and/or the TV or music at full volume, you can still hear it very loudly inside your home. It rattles the windows and there is no way to escape it in my home or anywhere on my property, as it is very close.

I've been experiencing health issues and during the last two of the 4 events I had to leave my house and go and try to sleep in my car in the laundromat parking lot since I couldn't sleep in my home.

That month was also one of our hottest. With the noise at that level it was not possible to open windows to naturally cool our homes down after 5:00 also which is another of the main inconveniences of this. It really makes it impossible to be comfortable in your own home when these events are going on.

I have called the police multiple times and asked for help when these are going on.

I have read the police chiefs comments about subjectivity and have two requests to belp make enforcing our existing amplified music ordinance more objective, as he requests. Here are my requests/suggestions as a member of this community who loves thel)eople of Calistoia and who also wants everyone to coexist in a way that allows for peace and celebration at the same time.

1. The police chief mentioned ambiguity around what is too loud and what is "disturbing the l)eace" as wen as there needing to be an "intention to disturb the peace". The objective way to assess this is if there is an amplifier it is too loud. Neighbors play music with normal speakers all the time and it may be noisy but not extreme. But when there is an am_plifier involved it makes it impossible for anyone around that event to have any peace, even inside their home. So I would like to request that we do not allow amplified music in private residences at any time of day, as our ordinance stipulates. (If there is a special event/circumstance, the neighbors should consent).

2. If the police and hotel managers would consider the music too loud to be nextdoor to one of our resorts full of tourists, then locals should get the same level of consideration. Hopefully that could serve as a guideline. Would we allow that volume level of music playing next to Indian Springs until 10:00pm? If not, then it shouldn't be acceptable.

I would like to conclude just by saying aiain that I love this community and do not want to limit anyone's good time. I love seemg my neighbors happy. But there needs to be a way for those with health issues, small children, or a need for more quiet to be able to find it at least when they are inside their homes with doors and windows closed.

Item #7.4.

Thanks for your consideration,
Jennie Taylor
Sent from my iPhone
2 Item #7.4.