Agenda, regular meeting — Calistoga City Council, March 21, 2023 (part 1 of 2)

Mayor
Donald Williams
Vice Mayor
Irais Lopez-Ortega
Councilmembers
Lisa M. Gift
Scott Cooper
Kevin Eisenberg
AGENDA
City Council - Regular Meeting
Tuesday, March 21, 2023 - 6:00 PM
Calistoga Community Center
1307 Washington Street, Calistoga, CA 94515
Hybrid

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.

Please participate in the meeting by observing or listening to the meeting in one of the following ways:

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

5. Attend in-person
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-In-Webinar.

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. 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.

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.

3.1. Public Comment - Non-Agenda Item - Redacted 6

4. ADOPTION OF MEETING AGENDA

5. CITY MANAGER’S REPORT

6. PROCLAMATIONS/PRESENTATIONS/ AWARDS

6.1. Officer and Dispatcher of the Year Awards
Recommended Action: Celebrate terrific staff
Staff Report - Officer and Dispatcher of the Year Awards - Pdf 7 6.2. Updating the City Council on the Active Transportation Advisory Committee completed initiatives from FY22/23 and the suggested goals for FY23/24.

Recommended Action:

No action by the City Council necessary, just receive the presentation.

Staff Report - ATAC Presentation - Pdf
ATAC Final Presentation
8 - 13

7. CONSENT CALENDAR

7.1. Approve the Minutes of the July 19, 2022, City Council Regular Meeting as submitted and the June 1, 2022 and June 21, 2022 City Council Special Meeting Minutes as submitted.

Recommended Action: Approve Minutes
Staff Report - Minutes

7.19.2022 DRAFT MINUTES CC

6.21.2022 DRAFT MINUTES SM CC

6.1.2022 DRAFT MINUTES SM CC
14 - 22

7.2. Consider adopting a Resolution making a technical amendment to the Unrepresented Management Employees January 2023 salary schedule which amends the Unrepresented Management Employees and the Unrepresented Executive Management January 2024 and January 2025 salary schedules.

Recommended Action: Adopt the Resolution.

Staff Report - Approving Amendments to the Unrepresented Management Employees Salary and Benefits Schedule and the Unrepresented Executive Management - Pdf
23 - 26
Page

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7.3. Consideration of a Resolution Approving the 2023 Parade/Event Schedule and Authorizing the Public Works Department to Apply for Encroachment Permits from Caltrans.

Recommended Action:

Consider adopting resolution.

Staff Report - Consideration of a Resolution Approving the 2023 Parade/Event Schedule - Pdf
27 - 29

7.4. Consideration of a Resolution that: Authorizes the City Manager to execute a purchase order with FCB Construction, Inc., to complete construction of Heather Oaks Park Pathway in an amount not to exceed $65,000. And approves the Project construction budget in the amount of the base bid of $53,873, with a 20% contingency for unforeseen conditions and authorizes the Public Works Director to negotiate and approve contract change orders up to the approved construction budget amount of $65,000.

Recommended Action: Consider adopting resolution.

Staff Report - Authorizing FCB Construction to rebuild Heather Oaks Park Pathway - Pdf
30 - 35

7.5. Consider adopting a Resolution that authorizes the City Manager to enter into a one-year extension with Perfectmind/Xplor Recreation for program registration and facility booking services.

Recommended Action: Adopt the Resolution.

Staff Report - Perfectmind/Xplor one-year contract extension for recreation program registration software - Pdf
36 - 82

7.6. Consideration of Ordinance No. 759 amending the Calistoga Municipal Code (CMC) to include new regulations governing the use of reusable and disposable foodware to encourage waste reduction within the City of Calistoga (City).

Recommended Action: Adopt Ordinance No. 759 (Attachment 1).

Staff Report - Second Reading of Ordinance No. 759 Municipal Code Amendments Regulating Reusable Foodware and Waste Reduction - Pdf
83 - 106

7.7. Authorize the City Manager to execute a non-disclosure agreement (NDA) with Pacific Gas and Electric (PG&E) so that the City may access confidential documents concerning the possible construction of a clean energy (hydrogen and battery storage) microgrid to provide emergency power to much of the City during Public Safety Power Shut-off (PSPS) events.

Recommended Action: Authorize the City Manager to execute a NonDisclosure Agreement with Pacific Gas and Electric (PG&E) so that the City may access confidential documents concerning the possible construction of a clean energy (hydrogen and battery storage) microgrid to provide emergency power to much of the city during Public Safety Power Shut-off (PSPS) events.
107 - 114

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Staff Report - Authorize execution of a Non-Disclosure Agreement with Pacific Gas and Electric concerning Clean Energy Microgrid Project - Pdf

7.8. Consider adopting a Resolution accepting the mid-year budget update for Fiscal Year 2022-23.

Recommended Action: Receive the Interim Finance Director’s report on the mid-year budget for Fiscal Year 2022-2023; and adopt the Resolution amending the budget for Fiscal Year 2022-23.

Staff Report - The Fiscal Year 2022-23 Mid-Year Budget Update - Pdf 115 - 143

7.9. Authorize the City Manager to execute a Water Services Agreement with Calistoga Hills Resorts, LLC.

Recommended Action: Authorize the City Manager to execute the Water Services Agreement which will formalize aspects of the Development Agreement currently in place with Calistoga Hills Inc. related to water and wastewater provisions as well as other terms and conditions related to the Development Agreement.

Staff Report - Calistoga Hills Water Services Agreement - Pdf 144 - 145

8. PUBLIC HEARING
None

9. GENERAL GOVERNMENT

9.1. Calistoga Fairgrounds and Measure E Results
Recommended Action: Certify Measure E election results and provide direction to staff on next steps
Staff Report - Calistoga Fairgrounds and Measure E Results - Pdf Item 9.1 Public Comments -Redacted
Item 9.1 - Public Comment - Redacted
Item 9.1 - Supplemental Public Comment - Redacted
146 - 160

9.2. Consider the Calistoga Art Center's request to create a Covid-19 Memorial tile project on city property, designate a city staff person to act as a liaison to assist in all aspects of the project, and maintain the memorial in perpetuity.

Recommended Action: Provide direction to staff on next steps in response to the proposal from the Calistoga Art Center.

Staff Report - Request from the Calistoga Art Center to install a Covid19 Memorial Tile Project with assistance from city staff - Pdf 161 - 168

9.3. Business Economic Diversification Program Criteria Recommended Action: Consider modification of application criteria.

Staff Report - Business Economic Diversification Program Criteria - Pdf 169 - 171

9.4. Redistribution of Funds Allocated to Parks and Recreation Needs Assessment to Parks and Recreation Programs
Recommended Action: Receive update and provide additional input on redistribution of parks and recreation needs assessment funds to alternate programs.
172 - 173

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Staff Report - Redistribution of Funds Allocated to Parks and Recreation Needs Assessment to Parks and Recreation Programs - Pdf

10. COUNCIL REPORTS

11. 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-to-speech, 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 March 14, 2022, by 4:30 p.m. *This agenda was reposted with revised attachments on Item 9.1 on March 21, 2023, by 3:00 p.m.

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Marni Rittburg
From:

Sent:

To:

Cc:

Subject:

Norine Moses
Friday, March 3, 2023 4:26 PM
Public Comment
Editor
4th St pavement
Additional W ..

Meetingof 3-~ --ol,3
ltemNo. 3
Distnbuted~ FdCAUTION: 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.

In 20161 requested an estimate for when 4th St would be repaved. I received a 12 page printout, printed on both sides (2 thumbs up for good economy) listing all planned Public Works projects. The projected year for 4th St was 2022, then 6 years in the future. If I am correct, no person currently in that department was there in 2016 and I doubt anyone could find a trace of that fine document.

We have lived on 4th St. for 43 years. It was in a broken condition when we moved here and is now 43 years worse. I am 83 years old and can remember the poor condition of the street when I walked to Elementary School on it as a child. It's a safe bet the paving was installed more than 100 years ago and nothing done since. The most recent information on when anything might be done came from former Mayor Chris Canning who said the City was waiting to re-do the water ( +sewer?) lines before repaving the street. It seems to me, and I hope you agree, that all of the needed 4th St projects, water/sewer/paving, deserve to be #1 on whatever list applies.

Thanks for your efforts in such pursuits as our City budget. 1 From: Norine Moses —
Sent: Friday,March 3, 2023 4:26 PM
To: PublicComment
Cc: Editor
Subject: 4th St pavement
CAUTION:This emailurginated from outside oi the organization. Do not clicklinks or open attachments unless you recognize the sender and know the content issafe.

In 2016 Irequested an estimate for when 4th St would be repaved. Ireceived a 12 page printout, printed on both sides (2 thumbs up for good economy) listing all planned PublicWorks projects. The projected year for 4th St was 2022, then 6 years in the future. Ifl am correct, no person currently in that department was there in 2016 and I doubt anyone could ?nd a trace of that fine document.

We have lived on 4th St. for 43 years. It was in a broken condition when we moved here and is now 43 years worse. I am 83 years old and can remember the poor condition of the street when I walked to Elementary School on it as a child. It's a safe bet the paving was installed more than 100 years ago and nothing done since. The most recent information on when anything might be done came from former Mayor Chris Canning who said the City was waiting to re-do the water (+sewer?) lines before repaving the street. It seems to me, and I hope you agree, that all of the needed 4th St projects, water/sewer/paving, deserve to be #1 on whatever list applies.

Thanks for your efforts in such pursuits as our City budget.

Item #3.1.

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City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Mitch Celaya, Chief
Meeting: City Council - Mar 21 2023
Subject: Officer and Dispatcher of the Year Awards
DESCRIPTION:

Officer and Dispatcher of the Year Awards
RECOMMENDATION:

Celebrate terrific staff
CEQA STATUS:

N/A
APPROVAL(S):

Nitish Sharma Approved - Mar 14 2023
Marni Rittburg, City Clerk Approved - Mar 14 2023
Item #6.1.

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City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Mar 21 2023
Subject: ATAC Presentation
DESCRIPTION:

Updating the City Council on the Active Transportation Advisory Committee completed initiatives from FY22/23 and the suggested goals for FY23/24.

RECOMMENDATION:

No action by the City Council necessary, just receive the presentation.

BACKGROUND/SUMMARY:

ATAC members have prepared a presentation to update the Council on completed active transportation initiatives and future goals.

CEQA STATUS:

Exempt from CEQA - not a project.

ATTACHMENT(S):

ATAC March 2023
APPROVAL(S):

Nitish Sharma Approved - Mar 08 2023
Laura Snideman, City Manager Approved - Mar 13 2023
Marni Rittburg, City Clerk Approved - Mar 13 2023
Item #6.2.

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Calistoga
Active Transportation Advisory
Committee
Report to City Council, March 2023
Item #6.2.

Page 9 of 173 ends

2022 – 2023 ATAC goals
• Recommend Council evaluate a joint ATAC/Public Works policy for speeding mitigation (i.e. speed cushions) consistent with the General Plan • Recommend ATAC have a voice in consideration of future development projects relative to the Active Transportation Plan goals for connectivity, bike & pedestrian network, and bike/ped safety.
• Continue working with CPD & Public Works on red curbs, school safety (crossings/visibility, etc.), sign visibility, etc.
• Continue to improve ATAC diversity (i.e. school parents, representatives from all parts of town)
• Funding Recommendations
• S. Oak/Logvy Park bridge
• Additional Speed Cushion installations (survey + installation) • Paving of upper Grant/Myrtledale
Item #6.2.

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Calistoga
Active Transportation Advisory
Committee
Report to City Council, March 2023
Item #6.2.

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Item #6.2.

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CITY OF CALISTOGA
STAFF
REPORT
TO: Honorable Mayor and City Council
FROM: Marni Rittburg, City Clerk
DATE: March 21, 2023
SUBJECT: Approve Minutes
Approved by:

Laura Snideman, City Manager
DESCRIPTION:

Consider approving the Minutes of the July 19, 2022, Regular City Council Meeting and the June 1, 2022 and June 21, 2022, Special Meetings.

RECOMMENDATION:

Approve the minutes as submitted.

ATTACHMENTS:

July 19, 2022, Regular City Council Meeting Minutes
June 1, 2022, Special Council Meeting Minutes
June 21, 2022, Special Council Meeting Minutes
Item #7.1.

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DRAFT MINUTES

CALISTOGA CITY COUNCIL

REGULAR MEETING
Tuesday, July 19, 2022 - 6:00 P.M.

Virtual Meeting

1. CALL TO ORDER – ROLL CALL – SALUTE TO THE FLAG
Mayor Canning called the regular session to order at 6:14 p.m.

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

Absent: None

2. REPORT FROM CLOSED SESSION
Mayor Canning reported that a Closed Session was held at 5:00 p.m. this evening regarding the Napa County Fairgrounds. The meeting was continued to after this Regular City Council meeting. There was no reportable action taken at this time in Closed Session.

3. ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS Oral communication was received in the form of prior emails. 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
https://www.youtube.com/user/CityofCalistoga or visit the City’s Website at:
https://calistoga.civicweb.net/Portal/MeetingInformation.aspx?Org=Cal&Id=219

4. ADOPTION OF MEETING AGENDA
Due to the length of the Closed Session meeting, the agenda items were re-ordered in case there is a need to move certain items to the next scheduled Regular City Council meeting. Motion by Councilmember Kraus and seconded by Vice Mayor Lopez-Ortega and passed by the following roll call vote to adopt the meeting agenda as modified.

AYES: Councilmembers Kraus, Williams and Gift, Vice Mayor Lopez-Ortega, and Mayor Canning
NOES: None
ABSTAIN: None
ABSENT: None

5. CITY MANAGER’S REPORT
City Manager Laura Snideman reminded everyone that Summer is in full swing with Concerts in the Park on Thursday evenings. She also noted the community pool is open. Lastly, she welcomed two new businesses – Field Trip and Calistoga Depot Provisions, both on Lincoln Avenue.

Item #7.1.

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Calistoga City Council Minutes
July 19, 2022

Page 2 of 6 ends

6. PROCLAMATIONS/PRESENTATIONS/AWARDS

6.1Update on recent water conservation rates, public outreach efforts, and current drought conditions.

Recommended Action: Receive Presentation.

Water Conservation Technician Mitchell Egert gave a PowerPoint presentation.

6.2Presentation by Mark van Gorder of Pacific Gas and Electric Company.

Recommended Action: Receive Presentation.

Mr. van Gorder gave a PowerPoint presentation regarding the Calistoga Distribution Microgrid for electrical power, along with Jon Stallman.

7. CONSENT CALENDAR
Item 7.3 was pulled for separate discussion/action by Mayor Canning. Motion by Councilmember Gift, second by Vice Mayor Lopez-Ortega and passed by the following roll call vote, Council approved all remaining Consent Calendar items:

AYES: Councilmember Williams, Kraus, and Gift, Vice Mayor LopezOrtega and Mayor Canning NOES: None
ABSTAIN: None
ABSENT: None

7.1 Approve the Minutes of the April 19, 2022, City Council Regular Meeting as submitted.

Recommended Action: Approve Minutes

7.2 Consider adopting Resolution No 2022-055 authorizing the City Manager to award a Master Agreement for Consultant Services to Bennett Engineering Services in an amount Not to Exceed $370,346, to provide engineering, environmental, and permitting services for the Riverside Ponds and Headworks Mitigation Project Recommended Action: Consider adopting the Resolution

7.3 Item Pulled from Consent by Mayor Canning – Consider adopting a Resolution that authorizes the City Manager to execute a Purchase Order agreement with Herc to provide a portable 1000kW generator to provide temporary power to Rancho de Calistoga Mobile Home Park during Public Safety Power Shutoff (PSPS) events Recommended Action: Consider adopting the Resolution

7.4 Consider affirming Resolution No 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: Affirming Resolution No 2021-071 findings in accordance with the provisions and findings of AB 361 to continue virtual/teleconference Item #7.1.

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Calistoga City Council Minutes
July 19, 2022

Page 3 of 6 ends

meetings of the City Council and City Boards, Commissions and Committees after September 30,2021

7.5 Consider adopting Resolution No 2022-056 authorizing the City Manager to execute an agreement for consultant services with Calistoga Tribune for publication and legal advertisements in an amount not to exceed $15,000 for Fiscal Year 2022-

23. Receive a mid-year financial update regarding the Fiscal Year 2021-22 Budget and consider adoption of budget adjustments.

Recommended Action: Consider adopting the Resolution.

7.6 Consider adopting Resolution No 2022-057 for the replacement of Radio Base Station to meet DOJ mandate to protect sensitive personally identifiable information.

Recommended Action: Consider adopting the Resolution.

8. PUBLIC HEARING

8.1 Consider adopting a Resolution authorizing the levying and collection of assessments for the Palisades Landscape Maintenance District for Fiscal Year 2022-23.

Recommended Action: Consider adopting the Resolution.

Councilmember Kraus recused himself and left the meeting at 7:11 p.m. due to a proximity conflict.

Public Works Director Derek Rayner presented the item.

Council and staff discussion ensued.

Mayor Canning opened the Public Hearing at 7:14 p.m. Having no public comments, Mayor Canning closed the public hearing at 7:15 p.m.

Motion by Councilmember Gift, second by Councilmember Williams to adopt Resolution No. 2022-059 authorizing the Levying and Collection of Assessments for the Palisades Landscape and Maintenance District for Fiscal Year 2022-2023.

Council passed the Resolution by the following roll call vote:

AYES: Councilmembers Williams and Gift, Vice Mayor Lopez-Ortega, and Mayor Canning
NOES: None
ABSTAIN: Councilmember Kraus (Recused)
ABSENT: None

8.2 Consider adopting a Resolution authorizing the levying and collection of assessments for the Silverado Place Landscape Maintenance District for Fiscal Year 2022-23.

Recommended Action: Consider adopting the Resolution.

Councilmember Kraus recused himself and left the meeting due to a proximity conflict.

Item #7.1.

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Calistoga City Council Minutes
July 19, 2022

Page 4 of 6 ends

Public Works Director Derek Rayner presented the item.

Council and staff discussion ensued.

Mayor Canning opened the Public Hearing at 7:16 p.m. Having no public comments, Mayor Canning closed the public hearing at 7:17 p.m.

Motion by Councilmember Gift, second by Vice Mayor Lopez-Ortega, to adopt the Resolution authorizing the Levying and Collection of Assessments for the Silverado Place Landscape and Maintenance District for Fiscal Year 2022-2023. Council adopted Resolution No. 2022-058 by the following roll call vote:

AYES: Councilmembers Williams and Gift, Vice Mayor Lopez-Ortega, and Mayor Canning
NOES: None
ABSTAIN: Councilmember Kraus (Recused)
ABSENT: None
Councilmember Kraus returned to the meeting.

9. GENERAL GOVERNMENT

9.1 Consider adopting a Resolution that authorizes the City Manager execute a Consultant Services Agreement with Raftelis to provide professional services associated with Water and Wastewater Rate Study in an amount not to exceed $155,000.

Recommended Action: Consider adopting the Resolution.

Public Works Director Derek Rayner presented the item and provided a PowerPoint presentation.

Council and staff discussion ensued. No public comment was received.

Motion by Councilmember Williams, second by Councilmember Gift, and passed by the following roll call vote to adopt Resolution No. 2022-060 authorizing the City Manager to execute a Consultant Services Agreement with Raftelis to provide professional services associated with Water and Wastewater Rate Study in an amount not to exceed $155,000:

AYES: Councilmembers Kraus, Williams, and Gift, Vice Mayor LopezOrtega and Mayor Canning NOES: None
ABSTAIN: None
ABSENT: None
MAYOR CANNING DIRECTED THE PULLED CONSENT CALENDAR ITEM 7.3 BE CONSIDERED AT THIS POINT IN THE MEETING:

7.3 Consider adopting a Resolution that authorizes the City Manager to execute a Purchase Order agreement with Herc to provide a portable 1000kW generator to Item #7.1.

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Calistoga City Council Minutes
July 19, 2022

Page 5 of 6 ends

provide temporary power for Rancho de Calistoga Mobile Home Park during Public Safety Power Shutoff (PSPS) events.

Public Works Director Derek Rayner presented the item.

Council and staff discussion ensued. Public comment was received.

No motion was made to fund this item. No action was taken.

9.2 This item was moved to the August 2, 2022, City Council Regular meeting – Consider adopting a resolution rescinding Resolution 2021-075 and adopting City Council Civic Operating Agreements.

Recommended Action: Consider adopting the resolution.

9.3 This item was moved to the August 2, 2022, City Council Regular meeting – Consider adopting a Resolution awarding Fiscal Year 2022-23 Community Enrichment Grants and approving a budget adjustment.

Recommended Action: Consider adopting the resolution.

9.4 This item was moved to the August 2, 2022, City Council Regular meeting – Determine various criteria, safety measures, and other components related to in person City Council meetings.

9.5 Consider adopting a Resolution approving and authorizing the City Manager to execute a First Amendment to the 2015 Lease Disposition and Development Agreement between the City of Calistoga and the Boys and Girls Clubs of St. Helena and Calistoga.

Recommended Action: Consider adopting the Resolution.

Director of Parks & Recreation Rachel Melick presented the item and provided a PowerPoint presentation.

Council and staff discussion ensued. Public comment was not received.

Motion by Vice Mayor Lopez-Ortega, second by Councilmember Kraus and passed by the following roll call vote, Council adopted Resolution No 2021-061 authorizing the City Manager to execute a First Amendment to the 2015 Lease Disposition and Development Agreement between the City of Calistoga and The Boys and Girls Clubs of St. Helena and Calistoga:

AYES: Councilmember Kraus, Williams and Gift, Vice Mayor LopezOrtega and Mayor Canning NOES: None
ABSTAIN: None
ABSENT: None

9.6 Consider adopting a Resolution authorizing the City Manager to execute a new 3- year Professional Services Agreement with the Calistoga Chamber of Commerce.

Recommended Action: Consider adopting the Resolution.

Item #7.1.

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Calistoga City Council Minutes
July 19, 2022

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Planning and Building Director Jeff Mitchem introduced the item and turned it over to Calistoga Chamber of Commerce CEO Bruce Kyse, who gave a PowerPoint presentation.

Council and staff discussion ensued. Public comment was received.

Motion was made by Councilmember Gift and second by Councilmember Kraus and passed by the following roll call vote, Council adopted Resolution No. 2022-062 authorizing the execution of a three-year Professional Services Agreement with the Calistoga Chamber of Commerce for continued marketing and promoting services:

AYES: Councilmembers Gift and Kraus, Vice Mayor Lopez-Ortega, and Mayor Canning
NOES: Councilmember Williams
ABSTAIN: None
ABSENT: None

10. COUNCIL REQUESTS AND IDEAS FOR DISCUSSION
City Council mentioned the following topics: concerns with pending residential subdivisions with private roads and connectivity; applauded Celebrate Napa Valley, Maggie Maib and staff for the wonderful events during the July 4rh weekend including the Star-Spangled event.

11. ADJOURNMENT
Mayor Canning adjourned the meeting in honor and memory of Bob Fellion at 8:57 p.m. to return to the Closed Session.

Respectfully Submitted
Prepared by: Approved by:

Marni Rittburg, City Clerk Donald Williams, Mayor
Approved:

Item #7.1.

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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 Irais Lopez-Ortega, Councilmembers Gary Kraus and Donald Williams; and Mayor Chris Canning

Absent: Councilmember Lisa Gift

2. ORAL COMMUNICATION ON 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 https://www.youtube.com/user/CityofCalistoga 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 Donald Williams, Mayor
Approved:

Item #7.1.

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DRAFT MINUTES

CALISTOGA CITY COUNCIL

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

Closed Session - Virtual Meeting

1. 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 (Joined Closed Session portion of meeting)

3. 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.

4. 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 #7.1.

Page 22 of 173 ends

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Marc Fox, Acting Administrative Services Director Meeting: City Council - Mar 21 2023
Subject: Approving Amendments to the Unrepresented Management Employees Salary and Benefits Schedule and the Unrepresented Executive Management Salary and Benefits Schedule.

DESCRIPTION:

Consider adopting a Resolution making a technical amendment to the Unrepresented Management Employees January 2023 salary schedule which amends the Unrepresented Management Employees and the Unrepresented Executive Management January 2024 and January 2025 salary schedules.

RECOMMENDATION:

Adopt the Resolution.

BACKGROUND/SUMMARY:

In December 2022, the City Council approved amendments to the Unrepresented Management Employees salary and benefits schedule and the Unrepresented Executive Management salary and benefits schedule. Later in December 2022, the City Council adopted new collective bargaining agreements with the three represented employee associations (CPEA – Calistoga Public Employees’ Association, CPOA – Calistoga Police Officers Association, and CPFA – Calistoga Professional Firefighters’ Association).

For both January 2024 and January 2025, the approved salary schedule for Unrepresented Management Employees and Unrepresented Executive Management provides for a salary increase of a minimum two percent (2%) and a maximum four percent (4%). The increase is based on the San Francisco-Oakland-Hayward Consumer Price Index, all urban consumers (CPI-U).

For employees represented by CPEA, CPOA, and CPFA, the January 2024 and January 2025 salary increases are a minimum of three percent (3%) and a maximum of five percent (5%), also based on the same Consumer Price Index.

The proposed action amends the unrepresented management and executive management January 2024 and January 2025 salary increases to align with the same CPI-based increases provided to CPEA, CPOA and CPFA (e.g., range of three percent to five percent).

Additionally, there is a technical amendment within the unrepresented management January 2023 salary schedule. The technical amendment increases the wage of the Senior Civil Engineer CEQA STATUS:

None.

Item #7.2.

Page 23 of 173 ends

FINANCIAL IMPACT:

There is no fiscal impact in January 2024 or January 2025 if the Consumer Price Index in each year is between three percent (3%) and four percent (4%).

If the October 2023 Consumer Price Index is less than two percent (2%) or greater than four percent (4%), then the potential General Fund fiscal impact effective January 2024 is $28,695. If both the October 2023 and October 2024 Consumer Price Indexes are less than two percent (2%) and greater than four percent (4%), then the potential General Fund fiscal impact effective January 2025 is $28,982, or a potential fiscal impact of $57,577 for both years.

ATTACHMENT(S):

Resolution Amending Management Salary Increases
APPROVAL(S):

Nitish Sharma Approved - Mar 07 2023
Laura Snideman, City Manager Approved - Mar 07 2023
Marni Rittburg, City Clerk Approved - Mar 09 2023
Item #7.2.

Page 24 of 173 ends

RESOLUTION NO. 2023-____

RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF CALISTOGA, COUNTY OF NAPA, STATE OF CALIFORNIA AMENDING THE CITY’S SALARY AND BENEFITS

SCHEDULE FOR UNREPRESENTED MANAGEMENT EMPLOYEES AND

UNREPRESENTED EXECUTIVE MANAGEMENT
WHEREAS, the City’s unrepresented management employees and unrepresented executive management are not represented by a recognized labor association and do not negotiate for a collective bargaining agreement; and WHEREAS, in December 2022 the City amended the salary and benefits schedule of the City’s unrepresented management employees and unrepresented executive management; and
WHEREAS, later in December 2022 the City adopted new collective bargaining agreements with the City’s three employee associations; and WHEREAS, the City finds it desirable to provide the City’s unrepresented management employees and unrepresented executive management with the same January 2024 and January 2025 salary increase as is provided to employees of the three employee associations; and
WHEREAS, the City wishes to make a technical amendment to the January 2023 salary of the City’s Senior Civil Engineer classification.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Calistoga hereby amends the Salary and Benefits Schedule – Management and amends the Salary and Benefits Schedule – Executive Management as shown in Table 1 and Table 2, below, and authorizes the City Manager with City Attorney concurrence to make any technical corrections.

Table 1
Amendment to Salary and Benefits – Management
Appendix A – Management Wage Scale
Paragraph 1 (January 2023) – Senior Civil Engineer shall read “$9,785 (Monthly-1), $9,960 (Monthly-2), $10,789 (Monthly-3), $11,327 (Monthly-4), and $11,894 (Monthly5).

Paragraph 3, (January 2024) – replacing the phrase “to be a minimum of two percent (2%) and a maximum of four percent (4%)” with the phrase “to be a minimum of three percent (3%) and a maximum of five percent (5%).

Paragraph 4, (January 2025) – replacing the phrase “to be a minimum of two percent (2%) and a maximum of four percent (4%)” with the phrase “to be a minimum of three Item #7.2.

Page 25 of 173 ends

percent (3%) and a maximum of five percent (5%).

Table 2
Amendment to Salary and Benefits – Executive Management Appendix A – Executive Management Wage Scale
Paragraph 4, (January 2024) – replacing the phrase “to be a minimum of two percent (2%) and a maximum of four percent (4%)” with the phrase “to be a minimum of three percent (3%) and a maximum of five percent (5%).

Paragraph 5, (January 2025) – replacing the phrase “to be a minimum of two percent (2%) and a maximum of four percent (4%)” with the phrase “to be a minimum of three percent (3%) and a maximum of five percent (5%).

PASSED, APPROVED AND ADOPTED this 21st day of March 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:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
______________________________ ________________________________ Marni Rittburg, CMC, City Clerk Donald Williams, Mayor
Item #7.2.

Page 26 of 173 ends

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Mar 21 2023
Subject: Consideration of a Resolution Approving the 2023 Parade/Event Schedule DESCRIPTION:

Consideration of a Resolution Approving the 2023 Parade/Event Schedule and Authorizing the Public Works Department to Apply for Encroachment Permits from Caltrans.

RECOMMENDATION:

Consider adopting resolution.

BACKGROUND/SUMMARY:

Annually several local organizations apply to the City for parades/processions/events along Lincoln Avenue. As a State Highway, encroachment permits for these special events are required from the California Department of Transportation. The Public Works Department typically has applied for these permits on behalf of the applicants. Attached is a list of the potential applicants planning parades/processions/events in 2023.

CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:

This recommended resolution is consistent with Goal 1: Maintain and enhance the economic vitality of the community and the financial stability of the City; Objective 2: Promote the qualities of Calistoga that are attractive to residents and visitors.

CEQA STATUS:

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

FINANCIAL IMPACT:

None. All conditions of approval are the responsibility of the event sponsor. Expenditure of City staff time is invoiced to the event sponsor as a condition of approval. Due to the increased risk associated with the Tractor Parade and the Harvest Table events staff recommends that these events be conditioned with general liability insurance coverage set at $5 million listing the City and its agents as Additional Insured.

ATTACHMENT(S):

Parade-Event List Resolution
APPROVAL(S):

Item #7.3.

Page 27 of 173 ends

Derek Rayner, Public Works Director/City Engineer Approved - Mar 07 2023 Nitish Sharma Approved - Mar 07 2023
Laura Snideman, City Manager Approved - Mar 13 2023
Marni Rittburg, City Clerk Approved - Mar 13 2023
Item #7.3.

Page 28 of 173 ends

RESOLUTION NO. 2023-XXX

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

NAPA, STATE OF CALIFORNIA, APPROVING THE ANNUAL PARADE/EVENT LIST

AND AUTHORIZING THE PUBLIC WORKS DEPARTMENT TO APPLY FOR

ENCROACHMENT PERMITS FROM CALTRANS
WHEREAS, the City Council of the City of Calistoga anticipates receiving requests for the following annual parades/events to be held during the year 2023:

Celebrate Napa Valley 4th of July Parade ..............................July 4 Chamber of Commerce Harvest Table Event ........................September 10 Calistoga High School Annual Homecoming Parade.............October 6* Calistoga Halloween Parade..................................................October 31 Chamber of Commerce Holiday Village .................................December 1 Chamber of Commerce Holiday Tractor Parade....................December 2 Our Lady of Perpetual Help Church Procession ....................December 11* *Tentative date.

All dates subject to change or cancellation at Council’s discretion.

WHEREAS, the Public Works Department has typically taken the lead on applying for encroachment permits from Caltrans for these community events; and WHEREAS, Caltrans requires a Resolution from the City Council approving the parades/events and authorizing the application for encroachment permits.

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

1. The City Council of the City of Calistoga hereby approves the Annual Parade/Event List.

2. The City Council of the City of Calistoga hereby authorizes the Public Works Department to apply for Encroachment Permits from Caltrans.

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:
____________________________ __________________________ Marni Rittburg, CMC, City Clerk Donald Williams, Mayor
ATTACHMENT 1
Item #7.3.

Page 29 of 173 ends

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Mar 21 2023
Subject: Authorizing FCB Construction to rebuild Heather Oaks Park Pathway DESCRIPTION:

Consideration of a Resolution that: Authorizes the City Manager to execute a purchase order with FCB Construction, Inc., to complete construction of Heather Oaks Park Pathway in an amount not to exceed $65,000. And approves the Project construction budget in the amount of the base bid of $53,873, with a 20% contingency for unforeseen conditions and authorizes the Public Works Director to negotiate and approve contract change orders up to the approved construction budget amount of $65,000.

RECOMMENDATION:

Consider adopting resolution.

BACKGROUND/SUMMARY:

The city owns Heather Oaks Park, a 1.6-acre property that staff operates and maintains, located in Riverlea subdivision at the end of Denise Drive adjacent to the Napa River. The pedestrian pathway around the south end of lawn and tot lot is in poor condition with cracked pavement, raised header boards and sections of pavement missing creating trip hazards that needs to be replaced, along with some spot repair to the wider section of path adjacent to the Napa River (see photos below) The project will consist of replacing approximately 1,600 square feet (sf) of damaged pathway and header boards and include some spot repair along the wider section of pathway adjacent to the Napa River. The contractor will demolish the existing pavement, prep subgrade, install metal edging, and install 2” of new pavement along the pathway.

Item #7.4.

Page 30 of 173 ends

Staff received three bids: FCB Construction, Inc., $53,873, Allard General Engineering Inc., and Granite Construction Company. Bids ranged from $53,873 to $68,088 with the lowest bid from FCB Construction, Inc.

CEQA STATUS:

Reconstruction of an existing paved pathway in an existing park is exempt from CEQA per Section 15302(c).

FINANCIAL IMPACT:

The Project is included in the FY 2022/23 Path at Heather Oaks CIP Budget, Account No. 01-5642- 4915 with a total budget of $100,000. and the total project cost of $65,000 is within budget.

ATTACHMENT(S):

Heather Oaks Park Pathway Reso Attach 1
Attachment 2_Contract
APPROVAL(S):

Nitish Sharma Approved - Mar 08 2023
Laura Snideman, City Manager Approved - Mar 13 2023
Marni Rittburg, City Clerk Approved - Mar 13 2023
Item #7.4.

Page 31 of 173 ends

RESOLUTION NO. 2023-XXX

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

OF NAPA, STATE OF CALIFORNIA, AUTHORING THE CITY MANAGER TO EXECUTE A PURCHASE ORDER WITH FCB CONSTRUCTION, INC. TO

COMPLETE CONSTRUCTION OF HEATHER OAKS PATHWAY NOT TO
EXCEED $65,000
WHEREAS, the city owns Heather Oaks Park, a 1.6-acre property that staff operates and maintains, located in Riverlea subdivision at the end of Denise Drive adjacent to the Napa River.; and
WHEREAS, the pedestrian pathway around the south end of lawn and tot lot is in poor condition with cracked pavement, raised header boards and sections of pavement missing creating trip hazards that needs to be replaced, along with some spot repair to the wider section of path adjacent to the Napa River; and WHEREAS, the project will consist of replacing approximately 1,600 square feet (sf) of paved pathway and header boards and include some spot repair along the wider section of pathway adjacent to the Napa River; and
WHEREAS, the contractor will demolish the existing pavement, prep subgrade, install metal edging, and install 2” of new pavement along the pathway.; and WHEREAS, staff received three bids: FCB Construction, Inc., $53,873, Allard General Engineering Inc., and Granite Construction Company. Bids ranged from $53,873 to $68,088 with the lowest bid from FCB Construction, Inc.; and WHEREAS, reconstruction of an existing paved pathway in an existing park is exempt from CEQA per Section 15302(c); and
WHEREAS, the Project is included in the FY 2022/23 Path at Heather Oaks CIP Budget, Account No. 01-5642-4915 with a total budget of $100,000. and the total project cost of $65,000 is within budget; and

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

1. Authorizes the City Manager to execute a purchase order with FCB Construction, Inc., to complete construction of Heather Oaks Park Pathway in an amount not to exceed $65,000.

2. Approves the Project construction budget in the amount of the base bid of $53,873, with a 20% contingency for unforeseen conditions and authorizes the Public Works Director to negotiate and approve contract change orders up to the approved construction budget amount of $65,000.

ATTACHMENT 1
Item #7.4.

Page 32 of 173 ends

Resolution No. 2023-XXX

Page 2 of 2 ends

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:
____________________________ __________________________ Marni Rittburg, CMC, City Clerk Donald Williams, Mayor
Item #7.4.

Page 33 of 173 ends

CONTRACTFOR CONSTRUCTION

HEATHEROAKS PEDESTRIANPATH
THIS CONTRACTFOR CONSTRUCTIONis made and entered into this _ day of , 2023 by and between the City of Calistoga, a municipal corporation, (hereinafter referred to as "City”) and FCB Construction, a California Corporation, located at 2155 Sage Canyon Rd, Saint Helena, CA94574 (hereinafter referred to as ”Contractor”).

The City and the Contractor agree as follows:
(1) CONTRACTSUM: The City agrees to pay, and the Contractor agrees to accept, in full payment for the above work, the sum of Fifty Three Thousand and Eight Hundred and Seventy Three Dollars ($53,873.00) is to be paid in accordance with the Contract Documents. (2) COMPLIANCEWITH LAW: The City is a public agency. All provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and will be complied with by the Contractor.
(3) CONTRACTDOCUMENTS:The following Contract Documents relating to this Contract for Construction, including all changes, addenda, and modification thereto are hereby made a part of and incorporated by reference into this Agreement: Contract Proposal, Bid Schedule, Notice of Award, Notice to Proceed, Contract for Construction, Faithful Performance Bond, Labor and Materials Payment Bond, Escrow Agreement for Security Deposits in Lieu of Retention (PCC § 22300), Substitution Request Form, Release of Claims, General Conditions, Supplemental Conditions, Special Provisions, Apprenticeship Program, Addenda, Technical Specifications, State of California Department ofTransportation Standard Plans and Specifications, 2015 edition, most recent version of City of Santa Rosa Design and Construction Standards and Plans, most recent version of City of Santa Rosa Construction Specifications for Public Improvements, the Project Plans, duly issued addenda, duly issued interpretations, approved change orders, preliminary construction schedule, Contractor's guarantee and bond, and supplemental agreements, certifications, and endorsements applicable to this work, with all modifications incorporated in said documents prior to receipt of the Contract Proposals. Any work called for in one contract document not mentioned in another is to be performed and executed the same as if mentioned in all Contract Documents.

There are no Contract Documents other than those listed above. The Contract Documents may only be amended, modified or supplemented as provided in the General Conditions.

This Agreement (including all documents referred to above and incorporated herein) represents the entire and integrated Agreement between City and Contractor for the Project and supersedes all prior negotiations, representations, or agreements, either written or oral.

Item #7.4.

Page 34 of 173 ends

This document may be amended only by written instrument, as provided in the General Conditions.

Contractors are required by law to be licensed and regulated by the Contractor's State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation.

A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.

This Agreement is effective upon approval by the City Council, execution by the Contractor and concurrence by the Agency's designated representative.

CITYOF CALISTOGA ,
a California Corporation
Z
By: By: <::.>:)~——~ L
Laura Snideman, City Manager (Authorized Representative of Contractor) _/,_. . Dated: Printed Name: loan ;:»)\/7§
ATTEST: Title: 9 5
if el.3g;)L
(Attach Acknowledgment for Authorized
Representative of Contractor)
City Clerk Date: 3 ’ '7 ‘ Z0 Z3
(Contractor signatures must be notarized.)
Approved by:

Michelle Kenyon, City Attorney
Item #7.4.

Page 35 of 173 ends

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Rachel Melick, Parks & Recreation Director
Meeting: City Council - Mar 21 2023
Subject: Perfectmind/Xplor one-year contract extension for recreation program registration software
DESCRIPTION:

Consider adopting a Resolution that authorizes the City Manager to enter into a one-year extension with Perfectmind/Xplor Recreation for program registration and facility booking services.

RECOMMENDATION:

Adopt the Resolution.

BACKGROUND/SUMMARY:

The Calistoga Parks and Recreation Department has been utilizing Perfectmind/Xplor software for facility and program registration since 2018. The current contract expires in March of 2023. To facilitate seamless service delivery, the department wishes to extend the contract with a one-year agreement. The extension would remain consistent with the original contracts terms and conditions.

Over the course of the next year the department will complete a formal Request for Proposals process before bringing a new five-year contract with a software service provider for council approval.

CEQA STATUS:

N/A
FINANCIAL IMPACT:

The one-year contract extension will be billed at a rate of $7,080 for the year to account 15-4975- 4823. There is no budgetary impact from this extension. Any future cost increases will be absorbed within the Department budget or be part of the 2023-24 annual budget.

ATTACHMENT(S):

Resolution Perfectmind-XPlor
PerfectMind - Calistoga - 1 Year Contract Extension Agreement 01MAR23 City of Calistoga - Signed Final Agreement
APPROVAL(S):

Nitish Sharma Approved - Mar 13 2023
Laura Snideman, City Manager Approved - Mar 13 2023
Item #7.5.

Page 36 of 173 ends

Marni Rittburg, City Clerk Approved - Mar 14 2023
Item #7.5.

Page 37 of 173 ends

RESOLUTION NO. 2023-XXX

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

NAPA, STATE OF CALIFORNIA, AUTHORIZES THE CITY MANAGER TO ENTER

INTO A ONE-YEAR CONTRACT EXTENSION WITH PERFECTMIND/XPLOR

RECREATION FOR PROGRAM REGISTRATION AND FACILITY BOOKING

SOFTWARE SERVICES
WHEREAS, the Calistoga Parks and Recreation Department has been utilizing Perfectmind/Xplor software for facility and program registration since 2018; and WHEREAS, the current contract expires in March of 2023, to not have any interruptions in service the department wishes to extend the contract with a one-year agreement which will remain consistent with the original agreement’s terms and conditions; and
WHEREAS, over the course of the next year the department will complete a formal Request for Proposals process before bringing a new five-year contract with a software service provider for council approval; and
WHEREAS, the one year contract extension will be billed at a rate of $7,080 for the year to account 15-4975-4823.

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

1. Authorizes the City Manager to enter into a one-year agreement with Perfectmind/Xplor Recreation to provide registration and facility booking software for parks and recreation services at a rate of $7,080 for the year.

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:
____________________________ __________________________ Marni Rittburg, CMC, City Clerk Donald Williams, Mayor
ATTACHMENT 1
Item #7.5.

Page 38 of 173 ends

Xplor Technologies - CONFIDENTIAL

CONTRACT EXTENSION AGREEMENT
Dated the 1 day of March, 2023
B E T W E E N:

PERFECTMIND INC.
(“PerfectMind”)
– and –

CITY OF CALISTOGA
(the “Customer”)
WHEREAS:

A. The Customer and PerfectMind entered into an agreement dated March 1, 2018 (the “Original Agreement”) for the provision of PerfectMind Software as a Service; B. The parties hereby agree to extend the term of the Original Agreement in accordance with the terms set out herein.

NOW THEREFORE, in consideration of the mutual covenants contained in this Extension Agreement and other consideration (the receipt and sufficiency of which are acknowledged), the parties agree as follows:

1. Definitions

1.1. Any capitalized term not expressly defined in this Extension Agreement shall have the meaning ascribed to it in the Original Agreement.

2. Extension
The Original Agreement will expire on February 28, 2023 (“Original Term”). Except to the extent otherwise provided in this Extension Agreement, the Original Agreement will be extended on the same terms and conditions for an additional one (1) year period (such period, the “Extended Term” and together with the Original Term, the “Term”), which will begin immediately on the expiry of the Original Term. At the expiration of the Extended Term, the Term will be automatically renewed for successive one-year periods (each, an “Additional Term”) unless a party provides written notice to the other party of the first party’s intention not to renew, at least thirty days before the expiry of the then-current Term.

3. Fees
The Platform use fee during the Extended Term will be as set out in the payment schedule attached hereto in Exhibit A, payable by Customer in advance at the beginning of each 12- month period. The Platform use fee payable by Customer during any Additional Term will be the same as the fees for the last year during the prior term unless PerfectMind has given Item #7.5.

Page 39 of 173 ends

2 Xplor Technologies - CONFIDENTIAL
Customer written notice of a pricing change at least 90 days before the end of such prior term, in which case the new fee will be effective upon renewal and thereafter.

4. Conflict
The provision of this Extension Agreement shall form part of the Original Agreement. Except to the extent otherwise amended in this Extension Agreement, all other terms and conditions of the Original Agreement shall remain the same, provided that in the event of a conflict between the provisions of this Extension Agreement and those of the balance of the Original Agreement, the terms and provisions of this Extension Agreement shall supersede those provisions of the balance of the Original Agreement with which they conflict.

TO WITNESS THEIR AGREEMENT, the parties have duly executed this Extension Agreement as of the date first above written.

PERFECTMIND INC. CITY OF CALISTOGA
By: By:

Name: Name:

Title: Title:

Item #7.5.

Page 40 of 173 ends

3 Xplor Technologies - CONFIDENTIAL

EXHIBIT A
Extended Term
Year Six (March 1, 2023 to February 28, 2024): $7,080
Item #7.5.

Page 41 of 173 ends

SOFTWARE AS A SERVICE & PROFESSIONAL SERVICES AGREEMENT

BETWEEN
PERFECTMIND INC.

AND

CITY OF CALISTOGA, CA
DATED: MARCH 1, 2018

TABLE OF CONTENTS
PART 1 ——DEFINITIONS AND INTERPRETATION ......................................................................................... ..1 PART 2 ——LICENSE..................................................................................................................... ............................
..3
PART 3 ——PROFESSIONAL SERVICES .............................................................................................................. ..4 PART 4 —FEES AND PAYMENTS ...................................................................................................................... .
..6
PART 5 —USE OF THE PLATFORM ....................................................................................................... ............
..7
PART 6 —CONTENT, INTELLECTUAL PROPERTY AND PRIVACY ....................................................... ..11 PART 7 —TERM AND TERMINATION .................................................................................................... ........
..12
PART 8 ——CONFIDENTIALITY ........................................................................................................... ...............
..14
PART 9 ——WARRANTIES,DISCLAIMERS, INDEMNITIES AND LIABILITY .......................................... ..15 PART 10 —GENERAL ................................................................................................................................. .........
..17
PART 11 INSURANCE .................................................................................................................. ........................
..19
Exhibits:

Exhibit A — Platform Use Fees
Exhibit B — Statement of Work
Exhibit C — PerfectMIND Rates for Professional Services Exhibit D ~ Service Levels
Exhibit E — Platform Features and Functionalities
Item #7.5.

Page 42 of 173 ends

SOFTWARE AS A SERVICE & PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is dated MARCH 1, 2018
BY AND BETWEEN:

PerfectMIND Inc. AND City of Calistoga, CA
(“PerfectMIND”), a British Columbia (“Customer”), a California corporation corporation having an office at: having an of?ce at:
2”“Floor, 4333 Still Creek Drive 1232 Washington St.

Burnaby, British Columbia Calistoga, California
VSC 6S6 94515 USA
WHEREAS PerfectMIND wishes to license to Customer, and Customer wishes to use and license from PerfectMlND, the Platform (as de?ned herein) on the terms and conditions set out in this Agreement;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows:

PART 1—DEFINITIONS AND INTERPRETATION

1.1 De?nitions. In this Agreement, unless the context otherwise requires, capitalized terms will have the meaning assigned to them herein, including the following:
(a) “Account” has the meaning set out in §5.6;
(b) “Account—holder” means an individual designated by Customer to whom an Account is issued;
(c) “Applicable Laws” means all applicable laws and regulations, including all applicablelocal, provincial, state, nationaland foreign laws, treaties and regulations as well as orders of courts or laws, regulations, by—lawsor ordinances of applicable governmental agencies; (d) “Claims” means liabilities, actions, proceedings, claims, causes of action, demands, debts, losses, damages, charges and costs, including reasonable legal costs, any amount paid to settle any Item #7.5.

Page 43 of 173 ends

“Customer Content” is Content entered, uploaded or inputted into the Platform by or on behalf of Customer;
(g) “Customer Data” means information, materials, or data, including Customer Content, entered, uploaded or inputted into the Platform by or on behalf of Customer; (h) “Enhancement” means enhancements, developments, modi?cations, updates, additions and improvements made to the Platform, other than New Features and Functions; (i) “Force Majeure” means circumstances beyond a party’s reasonable control, including without limitation, acts of God, acts of government, ?ood, ?re, earthquakes, civil unrest, acts of terror, strikes or other labour problems, or Internet service provider failures or delays, or hosting service provider failures or delays;
(1') “Intellectual Property Rights” means any and all (i) proprietary rights provided under patent law, copyright law, trade-mark law, design patent or industrial design law, semi-conductor chip or mask work law, or any other applicable statutory provision or otherwise arising at law or in equity, including, without limitation, trade secret law, that may provide a right in works, software, source code, object code, marks, ideas, formulae, algorithms, concepts, methodologies, techniques, inventions, or know-how, or the expression or use thereof, (ii) applications, registrations, licenses, sublicenses, agreements, or any other evidence of a right in any of the foregoing, and (iii) past, present, and future causes of action, rights of recovery, and claims for damage, accounting for profits, royalties, or other relief relating, referring, or pertaining to any of the foregoing;
(k) “New Features and Functions” means any update, revision, new version, new module or upgrade of the Platform made available by PerfectMIND from time to time (i) that adds new functions or features to the Platform and (ii) for which PerfectMIND charges a fee to its customers in order to obtain same;
(l) “PerfectMIND Privacy Policy” means PerfectMIND’s privacy policy made available at http://www.perfectmind.com/academy/privacy as amended from time to time; (In) “PerfectMIND Technology” means (i) any concepts, inventions, systems, processes, techniques, methodologies, know-how, data, tools, templates, technology (including software in executable code and source code), documentation or any other information, data or materials, and any expressions of the foregoing, developed by, owned by, or licensed to, PerfectMIND; and (ii) the Work Product;
means managing and operating Customer’s facilities located in the Item #7.5.

Page 44 of 173 ends

(p) “Professional Services” has the meaning set out in §3.1; (q) “Statement of Work” has the meaning set out in §3.l; (r) “Term” has the meaning set out in §7. 1; and
(s) “Work Product” means all improvements, enhancements and derivatives thereto developed by PerfectMlND for the purposes of providing the Professional Services under this Agreement or otherwise and any and all other work products developed by PerfectMlND for the purposes of providing the Professional Services under this Agreement.

1.2 Interpretation. In this Agreement, unless expressly stated otherwise or the context otherwise requires, (a) headings and captions are for convenience only and will not be deemed to explain, limit or modify the provisions hereof, (b) the word “including”, when following a general statement or term, is not to be construed as limiting the general statement or term (whether or not used in connection with phrases such as “without limitation” or “but not limited to”) and the word “or”, when connecting two or more matters, will not imply an exclusive relationship between the matters, (c) a reference to a “person” or “entity” means an individual, corporation,body corporate, firm, limited liability company, partnership, syndicate, joint venture, society, association, trust or unincorporated organization or governmental authority or trustee, executor, administrator or other legal representative, including any successor to that person, (d) a word importing the masculine gender includes the feminine and neuter, a word in the singular includes the plural, a word importing a corporate entity includes an individual, and vice Versa, (e) words, phrases and acronyms not otherwise defined herein that have a meaning commonly understood and accepted by persons familiar with the Internet and computing services professionals will be interpreted and understood to have that meaning herein, and (f) in the event of any conflict or inconsistency between the terms of this Agreement and the terms of the Exhibits hereto, the terms of the Exhibits hereto will prevail to the extent necessary to resolve such con?ict or inconsistency.

PART 2—LICENSE

2.1 License. PerfectMlND grants to Customer a non—exclusive,non—transferable,right and limited license, only during the Term, to access and use the Platform for the Permitted Purposes only. All rights not expressly granted to Customer are reserved by PerfectMlND and, if applicable, its licensors.

2.2 Complete Software; Enhancements. Upon completion of the Professional Services described in the Statement of Work attached to this Agreement as Exhibit B, the Platform Item #7.5.

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extent that such Enhancements do so adversely affect the Platform and Customer noti?es PerfectMlND of same, restore or reinstate the Platform or parts of it causing the adverse effects to its or their status prior to the Enhancement, as soon as may be reasonable and practicable in the circumstances. Notwithstanding any Enhancements or other changes to the Platform, PerfectMlND will maintain the functionality of the Platform so it is always materially equal to or better than the functionality of the Platform as of the date that Customer first commences using the Platform.

2.3 New Features and Functions. PerfectMIND may, from time to time and in its sole discretion, develop and offer New Features and Functions that will not form part of the Platform licensed hereunder and may be provided and licensed separately to Customer for an additional fee. For clarity, in no event will PerfectMlND be obligated to provide any New Features and Functions free of charge.

PART 3—PROFESSIONAL SERVICES

3.1 Professional Services. Customer may, from time to time, request PerfectMlND to provide customization and deployment services and other related professional services in relation to Customer’s use of the Platform (the “Professional Services”) and PerfectMlND may, in its discretion, agree to provide the Professional Services. Upon agreement on the particulars of the Professional Services, including the fees payable by Customer to PerfectMlND for the Professional Services, such particularsshall be included in a statement of work (a “Statement of Work”), which shall be signed by PerfectMIND and Customer, and which shall form a schedule to and be incorporated into and form part of this Agreement. To the extent that there is any inconsistency between any provision in any Statement of Work and the rest of this Agreement, the terms of such Statement of Work will prevail. Each Statement of Work may contain, unless the parties agree otherwise, a description of the work to be conducted, the functional requirements and technical specifications applicable to the work, the work schedule and milestones, the deliverables and delivery schedule, acceptance criteria, and such other information and additional terms and conditions as the parties may mutually agree upon. As of the date of this Agreement, PerfectMIND and Customer have agreed upon the Professional Services described in the Statement of Work attached to this Agreement as Exhibit B.

3.2 Change Orders. Customer may, from time to time, request changes to the scope of the Professional Services described in a Statement of Work. In response to any such request from Customer, PerfectMIND shall determine the feasibility of providing such changes and shall estimate the increase in the total fees payable for providing such changes to the Professional Services. Following receipt of PerfectMlND’s response to Customer’s request, the parties shall Item #7.5.

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task in any way related to the Professional Services to provide or make available all information reasonably requested by PerfectMlND to perform the Professional Services. PerfectMlND will not be liable for loss or damage arising from reliance on any such information.

3.4 Project Teams. Each party will be solely responsible for staf?ng its project team for the performance of the Professional Services by PerfectMlND and relating work functions and tasks by Customer as described in a Statement of Work. Each member of a project team will possess skills and knowledge appropriate to the work functions to be performed by that team member. Either party may, by way of replacement or addition, make changes to the personnel assigned to its project team, provided that each replacement team member shall possess skills and knowledge at least equivalent to the project—relatedskills and knowledge of the team member being replaced. Each party shall appoint a project manager in respect of its project team. The project managers shall be available for weekly meetings to review the progress of the Professional Services.

3.5 Use of Customer’s Facilities. For Professional Services to be performed at the Customer premises, Customer will provide all work space, facilities and support that are reasonably requested by PerfectMlND to perform such Professional Services, including without limitation, secretarial support, telephone, and computer facilities.

3.6 No Liability for Others’ Failure to Perform. Customer agrees and acknowledges that PerfectMIND’s performance of the Professional Services will be conditional upon, and subject to, Customer’s performance of its obligations hereunder and the performance by any third party identified in the Statement of Work of its functions and task to the extent that such functions and task relate to the Professional Services, and that PerfectMlND will not be liable or responsible, in any manner or to any extent, for any failure of PerfectMlND to perform all, or any part of, the Professional Services to the extent that any such failure is caused by a failure of Customer to perform its obligations or the third party to perform its functions and tasks.

3.7 Third Party Hardware/Software. Customer will be solely responsible for the evaluation, selection, installation, implementation, compatibility, use and performance of and results obtained from any hardware, systems software, utility software, security software, telecommunication equipment or software, and applications software used in connection with the Professional Services, unless (and only to the extent) otherwise expressly agreed in this Agreement. Except as expressly provided in this Agreement, Customer and/or the third party vendors of the software packages selected for use by Customer will be responsible for the installation, acceptance and performance of the selected software packages.

3.8 Third Party Products. Where the Professional Services to be provided by Item #7.5.

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3.9 Use of Subcontractors. Customer acknowledges that PerfectMlND may engage agents and subcontractors to perform any of the Professional Services described in a Statement of Work. PerfectMlND shall be responsible for the ful?lment of its obligations hereunder, notwithstanding the performance of any of its obligations by its agents and subcontractors.

3.10 No Recruitment. Customer agrees that during the term of this Agreement, and for a period of one (l) year thereafter, it will not, without the prior written consent of PerfectMlND, hire, retain or engage, or make an offer in respect of same to, any employee, independent contractor or consultant of PerfectMlND.

PART 4—FEES AND PAYMENTS

4.1 Platform Use Fees. Customer will pay all fees and charges in connection with the use of the Platform in accordance with Exhibit A, which forms an integral part hereof and is incorporated herein by reference.

4.2 Platform Use Billing. The fees payable by Customer for use of the Platform in each twelve (12) month period is payable in advance at the beginning of such period. PerfectMlND will invoice Customer for such fees at the beginning of each 12 month period, and Customer will pay each invoice within thirty (30) days after the date of the invoice; provided that the entire fee for the first twelve-month period in the Term is payable and due upon the signing of this Agreement. All amounts due by Customer hereunder will be paid, unless otherwise expressly set out herein, without any deduction, adjustment or set—offwhatsoever.

4.3 Taxes. Fees for use of the Platform do not include any taxes, and Customer agrees to pay all applicable sales, use, value-added and other taxes or similar nature based on or due as a result of any amounts paid to PerfectMlND under this Agreement.

4.4 Late Payments. If PerfectMlND does not receive payment in full of an invoice within 30 days after the date of such invoice and Customer fails to make full payment within ten (10) days after written notice of the non-payment is given by PerfectMlND, Customer will be deemed to be in default. Customer will pay any and all collection costs incurred by PerfectMlND in collection of outstanding debts. In addition to any other rights granted to PerfectMlND herein and available to PerfectMlND at law or in equity, PerfectMlND reserves the right to suspend the‘ Accounts and Customer’s right to use and access to the Platform if Customer is in default with respect to its payment obligations. PerfectMlND reserves the right to impose a reconnection fee upon reactivation if any such suspension takes place.
are to be provided on a
Item #7.5.

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or based on time and materials) do not include any travel, living or any other out-of-pocket expenses incurred by PerfectMTND or its subcontractors in providing Professional Services.

Customer will pay PerfectMlND a ?at rate of $550 per day per PerfectMlND employee or subcontractor who provides on-site Professional Services to Customer to cover accommodation, meal, local transportation and other out—of—pocket expenses, except travel (airfare) expenses.

Customer will reimburse PerfectMIND for all reasonable travel (airfare) expenses incurred by PerfectMlND’s to send its employees and subcontractors to Customer’s site. All such travel (airfare) expenses for which PerfectMlND seeks reimbursement will be supported by documentation in a form reasonably acceptable to Customer.

4.6 Professional Fee Billing. PerfectMlND will invoice Customer for the Professional Services according to the payment terms speci?ed in the Statement of Work, or if no payment term is specified in the Statement of Work, on a monthly basis, and Customer will pay each invoice within ?fteen (15) days after receipt of invoice, unless the parties agree otherwise in writing.

Customer agrees to pay interest at the rate set out in the Statement of Work, or if none specified at

1.5% per month, on any unpaid amounts from the date due to the date upon which the balance is discharged, such interest to accrue from day to day and be compounded on a monthly basis, unless the parties agree otherwise in writing. The fees for the Professional Services to be performed pursuant to the Statement of Work attached hereto as Exhibit B are set out and shall be due and payable to PerfectMlND in accordance with the “Fee payment schedule” section of Exhibit B, upon Customer’s receipt of PerfectMIND’s invoices.

4.7 Taxes and Duties Relating to Professional Fees. All amounts payable in respect of the Professional Services rendered by PerfectMlND to Customer under this Agreement will be exclusive of all shipping charges, insurance charges, customs duties, sales taxes, value-added taxes, and any other like charges or taxes. Customer will be responsible for paying all such charges and taxes in connection with the provision of the Professional Services under this Agreement.

4.8 Currency. All prices in this Agreement are in United States (US) dollars.

PART 5—USE OF THE PLATFORM

5.1 PerfectMlND Responsibilities. PerfectMlND will provide the Platform in accordance with the service levels set out in Exhibit D. PerfectMlND will provide to Customer, at no additional charge, the support for the Platform described in Exhibit D. PerfectMlND will comply with all ApplicableLaws in the performance of this Agreement.

5.2 Training. PerfectMlND will provide training to Customer’s staff during the Item #7.5.

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which PerfectMlND seeks reimbursement will be supported by documentation in a form reasonably acceptableto Customer.

5.3 Customer Responsibilities. Customer will (a) be responsible for Accountholders’ compliance with all of the terms and conditions of this Agreement; (b) be solely responsible for the accuracy, quality, integrity and legality of Customer Data, including Customer Content, and of the means by which Customer Data is acquired and used, including compliance with all personal information privacy laws and regulations and ensuring that no third party Intellectual Property Rights are infringed; (c) use commercially reasonable efforts to prevent unauthorized access to or use of the Platform, and notify PerfectMIND promptly of any such unauthorized access or use; and (d) use the Platform only for Permitted Purposes and in accordance with the documentation therefor and all Applicable Laws.

5.4 Prohibited Conduct. Customer will not
(a) make the Platform available to anyone, or permit anyone to access the Platform, other than Account—holders;
(b) license, sublicense, sell, resell, publish, republish, transfer, assign, distribute, rent, lease or time-share the rights granted to Customer under this Agreement, or copy or otherwise commercially exploit the Platform or its components in any way except in accordance with the rights granted hereunder;
(c) use the Platform in any manner or for any purpose (i) that violates this Agreement, (ii) that contravenes, facilitates the violation of, or violates any Applicable Laws; (iii) that extracts, gathers, collects, or stores personal information about individuals except in compliance with all applicable personal information privacy laws or that involves data mining, robots or similar data gathering or extraction methods on individual’s personal information without their express consent, or (iv) that interferes with or disrupts the integrity or performance of the Platform, PerfectMlND’s systems or networks or thirdparty data of Content contained therein; (d) attempt to gain unauthorized access to the Platform or its related systems or networks;
(e) post, upload, reproduce, distribute or otherwise transmit on the Platform (i) pyramid schemes, (ii) any material that contains a virus, cancelbot, Trojan horse, worm or other harmful, disruptive or surreptitious component, (iii) defamatory, infringing, indecent or unlawful software, materials or information, or (iv) inappropriate, profane, or obscene Item #7.5.

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(h) copy, frame or mirror any part or content of the Platform; (i) disable or circumvent any access control or related process or procedure established with respect to the Platform;
(1') remove any copyright or other proprietary or Intellectual Property Rights notices or labels on or in the Platform or any part, copy or report generated therefrom or thereof; (k) use the Platform to scan or probe another computer system, obstruct or bypass computer identification procedures or engage in unauthorized computer or network trespass without the express permission of the owners of such computer systems; (1) access the Platform in order to (i) build a competitive product or service, or (ii) copy any ideas, features, functions or graphics of the Platform; (m) forge headers or otherwise manipulate any protocols or identifiers used in any system or protocol in such a manner to disguise the origin of any Content transmitted using the Platform;
(n) impersonate or falsely represent an association with any person, including a PerfectMlND representative, without the prior express, written permission of such person; or
(0) permit any of the foregoing to be done by any person, including Customer’s employees, contractors, agents, or representatives, including Account—holders.

5.5 Commercial Electronic Messages. All email messages that Customer sends using the Platform will comply with all applicable anti-spam laws and regulations, including those relating to commercial electronic messages. When using the Platform, Customer will represent itself and/or its organization accurately and will not impersonate any other person, whether actual or fictitious. Customer speci?cally agrees that (to the extent that the Platform permits it, and it is within Customer’s control to do so) for all messages that Customer sends using the Platform (i) the "from” line of the message will accurately and in a non—deceptivemanner‘ identify Customer’s organization; (ii) the "subject" line of the message will not contain any deceptive or misleading content regarding the overall subject matter of the message, and (iii) the message will include the Contact information of the Account—holderwho sends the message or another individual within Customer’s organization who may be readily contacted by the recipient, and such contact information will remain valid for at least 60 days after the message is sent. Customer will ensure that every message sent using the Platform will contain an "unsubscribe" link that allows recipient list and specify an electronic address on
Item #7.5.

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5.6 Account Use. PerfectMIND will issue Accounts, or permit Customer to issue Accounts, to individuals selected by Customer as Account-holders. Only Account-holders may access or use the Platform and each Account—holder’saccess to the Platform requires Valid login credentials, including at least user identi?cation and secure passwords (each an ‘‘Account”). The rights of an Account-holder may not be used by more than one individual, unless the Account of the Account-holder is reassigned in its entirety to another Account-holder, in which case the prior holder of the Account shall no longer have any right to access or use the Platform. Customer acknowledges and agrees that Customer:

5.7 (a) is fully responsible for Accounts assigned by or at the request of Customer and the acts and omissions of each Account-holder, including the creation of Account credentials by any person, the maintenance, con?dentiality and security of all passwords related to Accounts, and any and all activities that occur under Accounts (including persons who gain access to such Accounts, whether with or without permission); (b) will notify PerfectMIND as soon as practicable after obtaining or receiving any knowledge of (i) any unauthorized use of an Account or any password related to an Account, or (ii) any other breach of security with respect to an Account, provided that such noti?cation will not negate Customer’s liability for any unauthorized use of an Account or password until such time as PerfectMIND can be reasonably expected to take corrective measures; and
(c) will provide true, current, accurate and complete information as prompted by the Account—creationprocess or as otherwise requested by PerfectMlND from time to time and to promptly update such information when any changes occur so as to keep such information held by PerfectMIND true, current, complete and accurate.

Usage Limitations. The following provisions apply with respect to the Platform:
(a) General Practices and Limits. Customer acknowledges and agrees that PerfectMlND may establish from time to time general practices and limits concerning the use of the Platform, including: the maximum size of any Customer Data, including Customer Content, that may be stored on PerfectMIND servers (the “Storage Limit”); the maximum amount, speed and type of Customer Data, including Customer Content, that may be sent from or received using the Platform (the “Usage Limit”). Such general practices and limits may be posted on PerfectMIND’s website or otherwise made available through the Platform. Customer agrees that Customer’s usage may not exceed such limits, and that it is Customer’s responsibility to monitor Account usage of the Platform. PerfectMIND covenants that the Storage Limit and the Usage Limit set for Item #7.5.

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0 Accountholders: UNLIMITED
0 Email: 25,000 emails per month ($200 per month for additional 50,000 emails
(b) Internet-based Software. The Platform depends on the Internet, including networks, cabling, equipment and facilities that are not in PerfectMIND’s control; accordingly (i) any representation made by PerfectMIND regarding access performance, speeds, reliability, availability, use or consistency of the Platform, to the extent that they are dependent on the underlying Internet services, are on a “commercially reasonable efforts” basis, (ii) PerfectMlND cannot guarantee any minimum level regarding actual user performance, speed, reliability, availability, use or consistency based on factors depending on the Internet, and (iii) content, data, messages, information or materials sent over the Internet may not be completely private, and anonymity is not guaranteed.

PART 6———CONTENT, INTELLECTUAL PROPERTY AND PRIVACY

6.1 Reservation of Rights. All right, title and interest, including all Intellectual Property Rights, in and to the Platform and PerfectMIND Technology is and will at all times be fully vested in PerfectMIND or its licensors, as the case may be.

6.2 Third—Party C0ntent—Content accessed or available through the Platform may be owned by third-parties other than PerfectMIND or Customer (collectively, “Third Party Content”) and may be protected by applicable Intellectual Property Rights. During use of the Platform, Customer may enter into correspondence with, purchase goods, hardware or services from, or participate in promotions of advertisers or sponsors showing their goods or services through the Platform. Any such activities, and any terms, conditions, warranties or representations associated with such activities are solely between the applicable third party and Customer.

PerfectMIND and its licensors shall have no liability, obligation or responsibility to Customer for any such correspondence, purchases or promotions. Customer acknowledges and agrees that Customer shall be solely responsible for obtaining necessary licenses, consent and permits from third-party providers with respect to any Third Party Content or ancillary software, hardware, or services that Customer may use in connection with its use of the Platform.

6.3 Feedback. From time to time during the term of this Agreement, Customer and Account—holdersmay provide PerfectMIND with comments, suggestions, ideas and impressions of the Platform (“Feedback”). Customer acknowledges and agrees that, by disclosing such Feedback to PerfectMIND, the provider thereof will be deemed to have granted to PerfectMIND Item #7.5.

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between PerfectMIND and Customer, all right, title and interest (including Intellectual Property Rights) in and to Customer Data will at all times be fully vested in Customer, except that, by posting, uploading, inputting, providing, submitting, entering or otherwise transmitting Customer Data to PerfectMIND or any third party using the Platform, Customer agrees as follows:
(a) Customer will have thereby granted PerfectMIND a royalty-free, non~exclusive, worldwide, fully paid—uplimited license to use, copy, distribute, transmit, display, edit, delete, publish and translate such Customer Data to the extent reasonably required by PerfectMlND in connection with the functionality of the Platform and the performance of this Agreement as well as to ensure adherence to or enforce the terms of this Agreement;
(b) Customer, and not PerfectMIND, will have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and Intellectual Property Rights of all Customer Data, and PerfectMIND will not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data; and (c) Customer will have thereby confirmed, represented and warranted to PerfectMIND that Customer has all rights, titles and interests (including all Intellectual Property Rights as well as the power and authority necessary), to grant the license to such Customer Data set above in subsection 6.4(a).

6.5 Privacy. PerfectMIND acknowledges and agree that Customer Data may contain sensitive information, and, in connection therewith, (a) PerfectMIND will comply with all Applicable Laws relating to personal information privacy, including British Columbia Personal InformationProtection Act and will adhere to the PerfectMIND Privacy Policy, which forms an integral part hereof and is incorporated herein by reference; (b) PerfectMIND will use industrystandard management practices, technologies and security to protect the integrity, safety and security of Customer Data in both physical and electronic form; (c) Customer acknowledges and agrees that its use of the Platform will utilize, in whole or in part, the public Internet and third party networks to transmit communications, which transmissions may be intercepted by other parties or stored, cached, routed, transmitted or received in jurisdictions outside of the jurisdiction of Customer, (d) PerfectMIND will not use Customer Data for any purpose other than to provide the functionality of the Platform to Customer and its users, to ensure adherence to or enforce the terms of this Agreement, or (only in aggregate form) for site metrics;(e) PerfectMIND reserves the right to modify the PerfectMIND Privacy Policy and its security policies in its reasonable discretion from time to time, subject to any Applicable Laws.

6.6 Use of the Other Party’s Name. Each party may use the other party’s name in its Item #7.5.

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provisions of this Agreement (the “Term”). At the expiration of the initial ?ve year period, the Term will be automatically renewed for successive one year periods unless a party provides written notice to the other party of the first party’s intention not to renew, at least thirty days before the expiry of the then-current Term.

7.2 Renewal Terms. The fees payable by Customer during any such renewal term will be the same as the fee for the last year during the prior term unless PerfectMIND has given Customer written notice of a pricing change at least 90 days’ before the end of such prior term, in which case the pricing change will be effective upon renewal and thereafter.

7.3 Termination. Either party may terminate this Agreement for cause, immediately upon written notice to the other party, if:
(a) the other party is in default of any of its material obligations under this Agreement and such default is not remedied within thirty (30) days of the date of receipt of written notice thereof, provided that cure period with respect to default in payment obligations is ten (10) days; or
(b) the other party ceases to conduct business in the normal course; the other party becomes insolvent or bankrupt; the other party makes any assignment for the benefit of creditors; proceedings are instituted by or against the other party seeking relief, reorganisation or rearrangement under any laws relating to insolvency; a receiver, liquidator or trustee is appointed in respect of any property or assets of the other party; or an order is made for the liquidation, dissolution or winding up of the other party.

7.4 Payment on Termination. If this Agreement is terminated by Customer due to PerfectMIND’s default, then Perfectl\/IIND will refund to Customer an amount equal to the fees actually paid by Customer for the year during which the termination occurs prorated based on the post-terminationportion of the year. Otherwise, any termination of the Agreement will not relieve Customer of its obligation to pay the fees payable to PerfectMlND for the Term of the Agreement for the use of the Platform nor does it entitle Customer to any refund. Upon the termination of this Agreement, without prejudice to any other rights PerfectMIND may have, Customer will (a) remit all fees payable for the Professional Services and Work Products accepted by Customer prior to the date of such termination or suspension; (b) remit all fees payable for work-in—progress,on a time and materials basis, at the rate structure applicable to the Statement of Work Order; and (c) remit all such other costs of PerfectMlND, demonstrated to the reasonable satisfaction of Customer, directly related to the permanent or temporary winding down of the Professional Services, work and deliveries which are being terminated or suspended.

Item #7.5.

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otherwise in PerfectMIND’s possession or under PerfectMlND’s control. Within 15 days of any termination for cause of this Agreement by PerfectMlND pursuant to Section 7.3, Customer may request return of Customer Data, in which case Customer will pay to PerfectMIND any fees outstanding prior to the termination of this Agreement plus any fee that PerfectMfND requests, based on the time required to accommodate Customer’s request regarding return of Customer Data, and upon receipt of such payments, PerfectMlND will make available Customer Data to Customer for download as set out above. If Customer does not make a request within the 15 day time limit or fails to make payments within five (5) days after receiving PerfectMIND’s fee request, Customer’s right to access or use Customer Data will immediately cease, and PerfectMIND will have no obligation to maintain or provide any Customer Data and will thereafter, unless legally prohibited, delete all such Customer Data in PerfectMlND systems or otherwise in PerfectMIND’s possession or under PerfectMIND’s control.

7.6 Survival. Without limiting the applicability of other terms and conditions of this Agreement, the terms of this Agreement that, by their nature, are intended to survive any purported or actual termination or expiry of this Agreement will so survive, including Part 1, Part 3, Part 6, Part 7, Part 8, Part 9 (except for §9.l) and Part 10.

PART 8—CONFIDENTIALITY

8.1 Con?dential Information. Neither party will, without the prior written approval of the other party, disclose or use for any purpose other than exercise of its rights or performance of its obligations under this Agreement any information, documents, know—how,trade secrets of the other party, including the terms of this Agreement and such other information that is not in the public domain including, in respect of the Customer Data and, in respect of the Platform (collectively, “Con?dential Information”) that may come to its knowledge or possession by reason of exchange of information under this Agreement or entering into this Agreement.

8.2 Obligation to Protect. Each party will protect the other’s Con?dential Information using the same standard of care that it would use to protect its own, similar information, but in any case no less than a reasonable standard of care for information of similar sensitivity.

8.3 Title. All right, title and interest (including all Intellectual Property Rights) in and to each party’s Con?dential Information will be and remain vested in such party.

8.4 Permitted Disclosures. Each party will not disclose Con?dential Information of the other party to any person except to the first party’s employees, agents and sub—contractorson a strictly “need-to—know”basis, and provided that such persons have are subject to con?dentiality Item #7.5.

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without restrictions of con?dentiality, or (d) has been independently developed by it without reference to the other party’s Con?dential Information.

8.6 Governmental Disclosures. Notwithstanding anything else in this Agreement, if a party is required to disclose any Con?dential Information to a government body or court of law or as otherwise required by law, it may do so provided that it gives the other party suf?cient advance notice as reasonable in the circumstances subject to applicable law to enable the owner of such Con?dential Information the opportunity to contest the disclosure or obtain a protective order and assists the owner of such Con?dential Information in contesting or protecting same.

PART 9—WARRANTIES, DISCLAIMERS, INDEMNITIES AND LIABILITY

9.1 PerfectMIND Warranties. PerfectMIND represents and warrants to Customer that (a) the Platform will perform materially in accordance with the documentation therefor under normal use and circumstances; (b) the Professional Services will be performed in a diligent and workmanlike manner consistent with standards generally observed in the industry for similar services, and the Work Product will materially conform to the Statement of Work upon acceptance, and PerfectMIND will use all commercially reasonable efforts to remedy any material nonconformance of the Work Product to the Statement of Work in an expeditious manner; and (c) the functionality of the Platform will not be materially decreased during the Term, subject to the other provisions of this Agreement. For clarity, PerfectMIND will not be responsible for and the warranties provided by PerfectMIND in this §9.l do not apply to situations where improper or inadequate installation or maintenance of software or hardware that Customer uses to access or utilize, or otherwise in connection with, the Platform or Customer Data, or failure to properly con?gure the Platform for use in connection with such hardware or software is the cause of a failure or malfunction.

9.2 Mutual Warranty. Each party represents and warrants that it has the legal power and authority to enter into this Agreement and to fully abide by the terms and conditions hereof.

9.3 Indemnification. To the fullest extent permitted by law, Consultant shall, at its own expense, indemnify, protect, defend (by counsel reasonably satisfactory to the City) and hold harmless City and any and all of its of?cers, of?cials, employees, agents and volunteers (“Indemni?ed Parties”) from and against any and all liability (including liability for claims, demands, damages, obligations, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or Item #7.5.

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or relate to the negligence, recklessness, or willful misconduct of the Consultant, or as may be provided by statute in Civil Code § 2782.8, as may be amended from time to time. The only exception to Consultant’s responsibility to indemnify, protect, defend, and hold harmless the Indemni?ed Parties from Liability is due to the active negligence or willful misconduct of City or its elective or appointive boards, of?cers, agents and employees.

9.4 Scope of Obligation. Consultant’s duty to indemnify, protect, defend and hold harmless as set forth in this Section shall include the duty to defend (by counsel reasonably satisfactory to the City) as set forth in California Civil Code § 2778. This indemni?cation obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable by or for Consultant under worker’s compensation, disability or other employee bene?t acts or the terms, applicability or limitations of any insurance held or provided by Consultant and shall continue to bind the parties after terrnination/completion of this agreement.

This indemni?cation shall be regardless of and not in any way limited by the insurance requirements of this contract. This indemni?cation is for the full period of time allowed by law and shall survive the termination of this agreement. Consultant waives any and all rights to express or implied indemnity against the Indemni?ed Parties concerning any Liability ‘ofthe Consultant arising out of or in connection with the negligent performance of this Agreement or Consultant’s failure to comply with any of the terms of this Agreement. Consultant’s duty to indemnify, protect, defend and hold harmless as set forth in this Section shall not be excused because of the Consultant’s inability to evaluate Liability, or because the Consultant evaluates Liability and determines that the Consultant is not or may not be liable. The Consultant must respond within thirty (30) calendar days to any tender by the City, unless the time for responding has been extended by an authorized representative of the City in writing. If the Consultant fails to timely accept such tender, in addition to any other remedies authorized by law, as much of the money due or that may become due to the Consultant under this Agreement as shall reasonably be considered necessary by the City may be retained by the City until disposition has been made of the matter subject to tender, or until the Consultant accepts the tender, whichever occurs ?rst. Consultant agrees to fully reimburse all costs, including but not limited to attorney’s fees and costs and fees of litigation incurred by the City in responding to matters prior to Consul :ant’s acceptance of the tender.

9.5 EXCLUSION AND LIMIT OF LIABILITY. NEITHER PARTY WILL BE

LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR

CONSEQUENTIALDAMAGES OF ANY KIND WHATSOEVER AND HOWEVER

CAUSED, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE)

OR OTHERWISE, INCLUDING (WITHOUT LIMITATION) LOSS OF PRODUCTION, LOSS

OF OR CORRUPTION TO DATA, LOSS OF PROFITS OR OF CONTRACTS, LOSS OF BUSINESS, LOSS OF MANAGEMENT OR OPERATIOI\ TIME AND LOSS OF GOODWILL Item #7.5.

Page 58 of 173 ends

WILL BE LIMITED TO THIRTY SEVEN THOUSAND FIVE HUNDRED DOLLARS ($37,500).

PART 10—GENERAL

10.1 Internal Escalation of Disputes. Any controversy, claim or dispute (“Dispute”) arising out of or related to this Agreement, including, without limitation, Disputes covering the performance of the parties’ obligations or the interpretation of the terms and conditions of this Agreement or applicable fees or payments, shall be dealt with as follows: Each Dispute initially shall be brought for resolution before a committee consisting of two (2) representatives of each of the parties—the project manager and the Account Manager from PerfectMIND and the project manager and a person with a position equivalent to Account manager from Customer. If the committee is unable to resolve a Dispute within ten (10) working days, then the Dispute shall be escalated to a separate committee consisting of one (1) of?cer of each party — the Director of Customer Service from PerfectMIND and an of?cer of equivalent position from Customer. If this second committee is unable to resolve the Dispute within ten (10) working days, then the Dispute shall be escalated to another separate committee consisting of two (2) executive of?cers of each party — the CEO and the COO of PerfectMIND and two executive of?cers with equivalent positions with Customer. Members of each committee shall act reasonably and good faith and attempt to resolve the dispute amicably.

10.2 Arbitration. If the committee of executive of?cers is unable to resolve the Dispute within ?fteen (15) working days then either party may refer the Dispute to formal arbitration in accordance with the Commercial Arbitration Act (British Columbia), andjudgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Either party may refer a Dispute to arbitration by serving written notice of its intention to arbitrate. Arbitration of the Dispute shall be conducted by a single arbitrator to be mutually agreed to by the parties within ?ve (5) working days following the referral of the Dispute to arbitration. The arbitrator shall have substantial experience in arbitrating business disputesinvolving information technology matters, including contractual disputes. If the parties are unable to mutually agree upon an arbitrator, either party may apply to a court of competent jurisdiction for the appointment of such arbitrator. Each of the parties agrees to co—operate promptly and fully with the other party with respect to all aspects of arbitration including, without limitation, appointment of the arbitrator and compliance with any requests or orders of the arbitrator. All arbitration shall take place in Vancouver, British Columbia, Canada. All arbitration shall be conducted in the English language.

Each party shall pay an equal share of the costs of any arbitration. Any award of the arbitrator shall be ?nal and binding on the parties. .

Item #7.5.

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If to PerfectMlND:

PerfectMIND Inc.
2*“Floor, 4333 sunCreek Drive
Burnaby, BC, V5C 6S6
Fax:

Attention: Farid Dordar—CEOor Ali Sanei-COO
If to Customer:

City of Calistoga
1232 Washington St.

Calistoga, CA 94515
United States
Attention: Rachel Melick
Any notice given by personal delivery (including courier) will be conclusively deemed to have been given on the day of actual delivery thereof and, if given by facsimile, on the day of transmittal thereof if given during the normal business hours of the recipient on a business day, and on the business day during which such normal business hours next occur if not given during such hours.

10.5 Assignments. This Agreement may not be assigned by either party without the prior written approval of the other party, such approval not to be unreasonably withheld or delayed, but may be assigned by PerfectMIND to (i) a parent, subsidiary or affiliate; (ii) an acquirer of assets; or (iii) a successor by merger, on written notice to Customer. Any purported assignment in violation of this section shall be void.

10.6 Applicable Law. This Agreement will be governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein, without reference to con?ict of laws principles, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Platform shall be subject to the jurisdiction of the courts of British Columbia, Canada, to which the parties hereby irrevocably attorn.

10.7 Force Majeure. Neither party shall be liable for damages for any delay or failure of delivery arising out of an event of Force Majeure.

10.8 Waivers. No right under this Agreement will be deemed to be waived except by Item #7.5.

Page 60 of 173 ends

10.10 Enurement. This Agreement will enure to the bene?t of and be binding upon the parties and their successors, trustees, permitted assigns and receivers.

10.11 Injunctive Relief. Each party acknowledges and agrees that a breach by it of the provisions of this Agreement relating to Con?dential Information, Intellectual Property Rights, or restrictive obligations may result in immediate and irreparable harm to the other party for which compensation would be an inadequate remedy. Accordingly, each party acknowledges and agrees that the other party may seek, as a matter of right and without the necessity of establishing the inadequacy of monetary damages, injunctive or other equitable relief to prevent or remedy such conduct from any court of appropriatejurisdiction.

10.12 Entire Agreement. This Agreement together with any applicable Statement of Work constitutes the entire Agreement between the parties and supersedesall prior representations, agreements, statements and understandings, whether verbal or in writing. In connection therewith, no terms or conditions stated in any Customer purchase order or other order or documentation will be incorporated into or form any part of this Agreement, and all such terms or conditions will be null and void, notwithstanding any provision therein.

10.13 Amendments. This Agreement may not be amended except by written instrument signed by an authorized representative of both parties.

10.14 Severability. If any term or provision of this Agreement will be found by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, the same will not affect the other terms or provisions hereof or the whole of this Agreement, but such terms or provisions will be deemed modi?ed to the extent necessary in the court’s opinion to render such terms or provisions enforceable, and the rights and obligations of the parties will be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements of the parties herein set forth.

10.15 Relationship of the Parties. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, ?duciary or employment relationship between the parties.

10.16 No Third—Party Beneficiaries. There are no third-party bene?ciaries to this Agreement.

10.17 Counterparts. This Agreement may be signed in as many counterparts as may be necessary, each of which so signed will be deemed to be an original and each copy sent by electronic facsimile transmissions will be deemed to be an original, and such counterparts together Item #7.5.

Page 61 of 173 ends

?nancial institutions that are ?nancially rated A or better and duly licensed, admitted and authorized to do business in the State of California.

11.1 Commercial General Liability. PerfectMlND shall maintain, and speci?cally agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the City of Calistoga shall be named an additional insured in the minimum amount of $500,000.

The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless Customer; and if Customer becomes liable for an amount in excess of the insurance limits herein provided, PerfectMlND covenants and agrees to indemnify and save and hold harmless Customer from and for all such‘losses, claims, actions, or judgments for damages or liability to persons or property. PerfectMlND shall provide Customer with a Certi?cate of Insurance, or other proof of insurance evidencing compliance with the requirements of this paragraph. ln the event the insurance minimums are changed, PerfectMINDshall immediately submit proof of compliance with the changed limits.

11.2 Automobile. PerfectMlND shall maintain automobile insurance with a limit of no less than $500,000 per occurrence for owned, non—ownedand hired vehicles. If PerfectMlND has no owned motor vehicles, then hired and non—ownedmotor vehicle liability coverage with limits not less than $500,000 per accident for bodily injury and property damage is required. Where applicable, the City of Calistoga shall be named as an additional insured.

11.3 Workers’ Compensation. PerfectMIND will provide Customer a certi?cate demonstrating its compliance with the requirements and restrictions of British Columbia’s statutory workers’ compensation regime.

11.4 Technology Errors and Omissions. PerfectMlND shall have and maintain coverage for negligent acts, errors or omissions with a liability limit of $5,000,000 per claim/annual aggregate.

11.5 Cyber Risk. PerfectMIND shall have and maintain the following coverages with a liability limit of $5,000,000 per event/annual aggregate: information or identity theft, liability for misuse or disclosure of third party data, liability for loss of data, outages or spread of viruses, attacks, and/or destruction or disclosure of data or electronic information.

Item #7.5.

Page 62 of 173 ends

IN WITNESS WHEREOF the parties have executed this Agreement with effect as of the date first above written‘
PERFECTMIND INC.
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(Please Prim PcrfcclMIND Signal0ry’s Name)
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CITY OF CALISTO , A
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Name: S k0% (Please Pri ll Customer Signat0ry’s ame)
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Item #7.5.

Page 63 of 173 ends

EXHIBIT A
Platform Use fees

PLATFORM
The fees for the Platform use will be as follows:

Year One (from MAR. 2, 2018 to MAR. 1, 2019): $6,000.00 Year Two (from MAR. 2, 2019 to MAR. 1, 2020): $6,000.00 Year Three (from MAR. 2, 2020 to MAR. 1, 2021): $6,000.00 Year Four (from MAR. 2, 2021 to MAR. 1, 2022): $6,000.00 Year Five (from MAR. 2, 2022 to MAR. 1, 2023): $6,000.00 Item #7.5.

Page 64 of 173 ends

EXHIBIT B
Statement of Work
Scope/Project Management and Planning
PerfectMIN D will be responsible for planning and managing the project, using best practices generally recognized as good project management methodology, and designating a Project Manager for the project, who will be responsible for:
0 Adherence to the project scope and schedule
0 Management of work activities including system design and installation, system con?guration, data conversion, testing and quality assurance, administrator and end-user training, and go—livesupport
0 Coordination of resources, work sessions, and training 0 Communications
0 Managing project issues and issue tracking
0 Status reports
0 Available for status calls to provide updates
0 Working with the designated Customer project manager
0 Deliverable acceptance and sign-off
The frequency and other details of status reports will be agreed upon during the discovery phase.

In addition to the Project Manager, PerfectMIND will assign appropriate staff to complete the deliverables described in this Statement of Work, including at minimum: system installation, software configuration, data conversion, testing, administration and end-user training and go—live support.

Timeline
Customer is planning to implement the solution with the following estimated timeline.

PerfectMIND is expected to recommend an overall implementation plan and timeline based on their experience with implementations of similar scope and complexity.

MAR. 2, 2018 Contract Signature
TBD Project kick off
TBD Project Initiation
TBD Software Configuration and Reports
Item #7.5.

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Technical Requirements
PerfectMlND will provide a SaaS solution. The only requirement for operating and using the proposed solution will be broadband internet connection and access to the internet via a web browser with all standard browsers being supported (recommended browsers will be communicated to Customer during the implementation phase).

Customer Testing
PerfectMlND will develop a test plan for Customer that covers system and functional, testing.

After all of the components of the system have been completed, Customer will conduct system and functional testing. Customer will report any defects to PerfectMlND immediately for correction. If any defects are found, PerfectMlND will provide a plan to achieve acceptance or to make corrections or replacements.

Training
PerfectMlND will provide full training to system administrators and trainers (number of system administrator and trainers to be determined at the discretion of Customer). PerfectMlN D will develop a training plan for Customer to fully prepare the system administrators to support the system. The training plan will include:
0 ln-depth understanding of the system functionalities, including:

I Security Settings
I Work?ow Development
I Report Development
I Software Con?guration
0 A review of best practices in the configuration and use of the system. 0 Training sessions on different modules of the system, including:

I Contact/Account Management
I Store/Point of Sale Training
I Membership Management
I Attendance Tracking
I Billing Management
I Activity/Program Registration
I Facility Rental
I Appointments and Private Lesson scheduling
I Marketing
I Staff Management
I Accounting
Item #7.5.

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P0st—liveSupport
PerfectMlND will provide full application support during the week of go—live.PerfectMIND’s project team will be available to provide go-live and post go—liVesupport. The resource(s) will be accessible by phone and email to the system administrators.

Future Services
The ability to provide the services/products in this section may be required in the future. Customer may request to add similar services or products in the future, including but not limited to:
0 New features or;
0 Features that were identified as Custom
0 Additional Reports
and such similar services and products will be provided by PerfectMlND upon PerfectMlND and Customer negotiating and entering into Statements of Work providing for same.

Deliverables and Service Acceptance
Customer designee will formalize the acceptance of the service via written acceptance of the following acceptance forms:

Item #7.5.

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Acceptance Form A—Project Kickoff (Milestone 1)
Purpose
The purpose of the Project Kickoff Acceptance Form is to con?rm that the project kickoff has occurred and the following deliverables are completed.

Deliverables
0 Contract signature and execution
0 Planning of the project kickoff/discovery session
0 Resourcing and scheduling for the discovery phase
0 Preliminary review of the requirements by the project team prior to the first meeting 0 Creation of live production environment, which includes at a minimum:
— Setup of Customer’s production environment on the cloud — System setups including backups and retentions
— Database security setup
— Setup of the monitoring tools and systems on Customer’s database — Basic con?guration of the database with Parks and Rec Modules The work was completed on and accepted by Customer.

Accepted by:
(City of Calistoga): Date:

Title:
(PerfectMIND): Date:

Title:

Item #7.5.

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Acceptance Form B - Project Initiation (Milestone 2)
Purpose
The purpose of the Project Initiation Acceptance Form is to con?rm that the project initiation is complete.

Deliverables
The work was completed on
Discovery phase, which will inform the detailed work breakdown structure and includes:
— Existing database system discovery
— Business process review and gap analysis
—— Activity registration overview
~« Facility con?guration overview
— Membership management overview
— Store and point of sale overview
— Marketing overview
— Accounting overview
The Discovery phase may involve multiple meetings and communications to clarify and assist PerfectMIN D in understanding the above areas further.

Project work breakdown structure includes:
— Tasks and durations
— Scheduling
— Resourcing and assignments
— Dependencies
Initiation of tasks listed under “Scope/Project Management and Planning” above, which includes:
— Communications requirement
— Project reporting requirements including the frequency and details of the status reports — Issue list/tracker requirements
and accepted by Customer.

Accepted by:
(City of Ca1istoga): Date:

Item #7.5.

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Acceptance Form C —- Software Con?guration and Reports (Milestone 3) Purpose
The purpose of the Software Con?guration and Reports Acceptance Form is to con?rm that the software and reports con?guration is complete.

Deliverables
0 Application con?guration and setup
0 Security and roles con?guration
0 Setup Workflows and business rules
0 Set—upclient speci?c database
0 Con?guration of Email functionality
The work was completed on and accepted by Customer.

Accepted by:
(City of Calistoga): Date:

Title:
(PerfectMIND): Date:

Title:

Item #7.5.

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Acceptance Form D — Data Conversion (Milestone 4)
Purpose
The purpose of the Data Conversion Acceptance Form is to con?rm that the data converted is complete and Accepted by Customer.

Deliverables
The data conversion is completed and Accepted by Customer.

Acceptance Criteria:

PerfectMIND has provided a detailed Data Conversion Plan that, at a minimum includes:
0 Description of PerfectMIND’s data conversion methodology and tools 0 Identification of data sources
0 Method of supplying data
0 Conversion schedule, including on-site and webinar reviews and planned iterations test conversions
0 Roles and responsibilities, resources required
0 Testing process
0 Issue reporting process
0 . Documentation to be used for fieldmapping from legacy data sources to the system’s database
0 Documentation to be used for data transformations from legacy data code tables to system’s database code tables
0 Options for treatment of exceptions
0 Final data conversion timetable that includes the minimum number of data conversion iterations
The work was completed on and accepted by Customer.

Accepted by:
(City of Calistoga): Date:

Title:

Item #7.5.

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Acceptance Form E — Training (Milestone 5)
Purpose
The purpose of the Training Acceptance Form is to con?rm that the training is complete.

Deliverables
The training plan is complete and speci?es the training schedule and curriculum for the recipients of system administrator training and end—usertraining.

Customer will confirm the following:
0 System administrators have been trained on all aspects of system con?guration, individual and role-based security pro?les, enterprise silo security settings and con?gurations, document template creation, and report queries and changes. 0 System administrators are able to complete new con?guration items with minimal assistance from PerfectMIND.
0 End users have been trained on all aspects of the system and can complete tasks within the system.
0 Trainingmaterials and online learning center access have been delivered.

The work was completed on and accepted by Customer.

Accepted by:
(City of Calistoga): Date:

Title:
(PerfectMlND): Date:

Title:

Item #7.5.

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Acceptance Form F — User Acceptance Testing (Milestone 6) Purpose
The purpose of the User Acceptance Testing Form is to con?rm that the system testing is complete and the system is functional.

Deliverables
The test plan including test scripts, schedule, roles and responsibilities, and de?nitions of passed/failed test is provided to Customer and Customer is coached through the testing phase.

Customer will conduct a complete test on the system to ensure the following is tested and passed:
0 System functions
0 Work ?ows and business rules
0 Reports
The work was completed on and accepted by Customer.

Accepted by:
(City of Calistoga): Date:

Title:
(PerfectMIND): Date:

Title:

Item #7.5.

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Acceptance Form G - G0-Live (Milestone 7)
Purpose
The purpose of the Final Acceptance Form is to con?rm that the system is operational.

Deliverables
The ?nal data conversion has been completed and the system is pushed to the Production environment.

The work was completed on and accepted by Customer.

Accepted by:
(City of Calistoga): Date:

Title:
(PerfectMlND): Date:

Title:

Item #7.5.

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Fee Payment Schedule
Schedule Target Payment
Dates Milestones & Deliverable Subscription Implementation Date Upon signing of the agreement
Upon signing
MARCH 2, 2018 0 Contract Signature and of the
Execution Agreement
0 Payments due:
$6,000.00 $7,500.00
Project Kick off (Milestone 1)
0 Planning of the project kick
of?discovery session U
0 Resourcing and Scheduling
pon
.
g . completion of
TBD foi the discovery phase A . . . cceptance
0 Preliminary review of the F A . . orin
requirements by the project
team prior to the first meeting
0 Creation of the live
production environment
Project Initiation (Milestone 2)
0 Discovery phase
0 Project work breakdown Upon
TBD structure completion of
0 Initiation of tasks listed under ACC6p’EanC6
“Scope/Project Management FOHTIB
and Planning”
Software Con?guration and
Reports (Milestone 3)
0 Application configuration and
setup
. Upon
TBD . §::1;.11;g;Ii1:nrO1eS completion of
Item #7.5.

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Data Conversion Acceptance Upon
TED
Testing (l\/Iilestone 4) completion of
Acceptance
0 Data Conversion Form D
Training (Milestone 5)
0 System administrators have
been trained on all aspects of
system con?guration,
individual and role—based
security pro?les, enterprise
silo security settings and
con?gurations, document
template creation, and repoit
queries and changes. Upon
TBD
0 System administrators are completion of
able to complete new Acceptance
con?guration items with Form B
minimal assistance from
PerfectMlND.
0 End users have been trained
on all aspects of the system
and can complete tasks
within the system.
0 Training materials and
online learning center access
have been delivered
User Acceptance Testing
(Milestone 6) Upon
0 System functions Completionof
TBD 0 Work ?ows and business Acceptance
rules Form F
0 Reports
Go—live(Milestone 7) Up°“1
Item #7.5.

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The above fees do not include any travel, living or any other out-of-pocket expenses incurred by PerfectM1ND in providing on-site Professional Services. Customer will pay PerfectMIND a ?at rate of $550 per day per PerfectMIND employee or subcontractor who provides on-site Professional Services to Customer to cover accommodation, meal, local transportation and other out-of—pocketexpenses, except travel (airfare) expenses. Customer will reimburse PerfectMIND for all reasonable travel (airfare) expenses incurred by PerfectMlND’s to send its employees and subcontractors to Customer’s site. All such travel (airfare) expenses for which PerfectMlND seeks reimbursement will be supported by documentation in a form reasonably acceptable to the Customer.

Item #7.5.

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EXHIBIT C
PerfectMIND Rate for Professional Services
Optional Services Unit Price Description
Importation of Data $15O/hr Upon termination of this Agreement, PerfectMind shall supply to Customer
a basic export of the complete data in
a format suitable for importation.

Anything beyond will be charged at
this rate.

Professional Services $150/hr Services outside the agreed to Statement of Work that requires
additional resourcing to accommodate
Customer’s requests (other than
development/programming).

Integration to third party $25 0/hr Processing Integration with the software Customer’s preferred payment
processor.

Training $150/hr Any future additional training
requested outside the Statement of
Work.

Development $250/hr Services outside the agreed to
Statement of Work that requires
additional development
(programming).

The above fees do not include any travel, living or any other out—of—pocket expenses incurred by PerfectMIND in providing Professional Services. Customer will reimburse PerfectMlND for all reasonable travel, living and other out—of—pocket expenses incurred by PerfectMIND’s employees and permitted subcontractors in providing the Professional Services. All such expenses for which PerfectMIND seeks reimbursement will be supported by documentation in a form reasonably acceptable to Customer.

Item #7.5.

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EXHIBIT D
Service Levels

1. Platform Uptime.

The Platform will achieve a system uptime performance level of 99.9% during the Operation Hours on an annual basis inclusive of any downtime caused by the underlying telecommunication services provider. In this Exhibit, “Operation Hours” means 6 am to midnight Paci?c Time, seven days a week.

PerfectMind will only be responsible for its Platform uptime performance levels and will not be responsible for any failure due to a failure of Customer’s system(s) or a Force Majeure event as described in this Agreement, and such failures shall not be counted against PerfectMind’s required system uptime performance levels.

PerfectMind may, upon not less than seven (7) days’ prior written notice to Customer, which may be email noti?cation, cause the Platform to be unavailable for a period of time not to exceed 12 consecutive hours (“Planned Maintenance”). Planned Maintenance will be performed during the Maintenance Window, and not more than once per week, unless any such Planned Maintenance is a result of urgent events outside of PerfectMind’s direct control in which case PerfectMind will provide as much notice as is practicable.

Planned Maintenance will apply against PerfectMind’s required uptime performance level unless (i) it is conducted during the Maintenance Window; or (ii) it is as result of remedial work necessary to address a material defect with third party software such as Microsoft® operating system or SQLserver. In this Exhibit D, “Maintenance Window” means between 12:01 am and 6:00 am Pacific Time on any day.

2. Technical Support.

Following the reporting of a problem by Customer’s technical support personnel either via phone call or email PerfectMind’s technical support, PerfectMind will respond to the problem in accordance with the incident level and provide a fix to the problem all in accordance with the table set forth below:

L
P 24x7x365 Technical Support
P Description
‘ Response time Resolution Time
Customer report an incident via phone, A live agent will 85% of the incidents are email, or chat immediately discuss the currently addressed on issue with Customer the first call
The initial call requires escalation to The initial call will be 95% of the escalated Level II transferred to a Sr. live calls to level II are agent to further discuss addressed within the
the incident with the first call
customer
Item #7.5.

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Service Level Areement
Incident Description Resolution Time
Level
Critical This incident level is attained when the following Within the same business conditions are met: Q1
— Complete inability to use the Platform; or
— A reoccurring temporary inability to use the
Platform
High This incident level is attained when the following Within 24 hours conditions are met:
- A significant degradation of the significant
features or functions available or the
Platform
- Recent modifications to the Platform cause
some signi?cant features or functions to
operate inconsistently
These issues will be
reviewed and prioritized
according to the severity of
the issue. An accurate
estimate will be provided
to the customer within a week after the incident is
This incident level is attained when the following
conditions are met:
- A minor degradation of some signi?cant
features or functions; or a degradation of
some secondary features or function occurs
re aorted
Item #7.5.

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EXHIBIT E
Platform Features and Functionalities
PerfectMind’s Platform will include the following features and functionalities:
- Built-In Reporting Engine
A built—inreporting engine to help the customer to create reports. - Integrated Work?ow Engine
Generate work?ows to streamline your team’s processes and communications o Business App Store
PerfectMind is adaptable through our community-driven App Store. - Open API
Having access to an adaptable integration with external apps allows ?uid interconnectivity and collaboration across platforms
- Data Security, Auditing and Permissions
The ability to control app—levelaccess, user auditing, user time limits, specific IP access, as well as group- and role—baseddata permissions.
o Multi-Site Management & Reporting
To allow client to manage multiple sites from one account. - 24/7 Customer Service
PerfectMind provides 24x7 operation support using live agents/chat/email.

Recreation Management Features:
o Facility booking and Scheduling
PerfectMind booking takes care of con?ict and contract management, recurring bookings, equipment and rental inventory, capacity management and more. Your staff and your members can schedule events online or on—site.PerfectMind lets you manage facility dependencies, availability, and multiple rates. Customers can book using desktop, tablet or mobile devices on all popular web browsers.
a Membership Management
This allows you to manage families, multiple memberships, and related contacts. o Document Management
You can create, save, print, upload and manage your documents for your organization in the cloud. Sign waivers, contracts, and other documents electronically with a digital signature and store them safely in the cloud.
- Staff Management . staff schedules one master calendar. PerfectMind provides your Item #7.5.

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POS and Inventory Management
To sell products, service or event online or on—siteusing cutting-edge features within inventory and sales management. Track purchase orders and inventory.

Attendance Tracking and Check—in
Allow customers to scan or check themselves in at the front desk using a kiosk, or manually check-in with a staff member. Improve retention with live class statistics, and much more. Guest check-ins allow for quick processing to non-members or during busy periods.

Calendar
Flexible, multi-functional calendar with drag-and-drop functionality to make changes and updates to events, activities and facility booking. You can also View multiple facilities, locations and courses.

Marketing
A built-in, fully—functionalemail solution replaces the need for any additional email applications so you can streamline your marketing for programs, campaigns, and personalized operation emails. Increase signups and enrollments using loyalty and referral programs. You can also have access to simple and customizable landing pages and leadcapture forms.

Task Management
To schedule automated and recurring tasks with alerts to stay up-to-date, organized and focused. Set reminders based on predefined or custom triggers Reports
PerfectMind’s built—inreporting engine enables you to create, customize and run reports.

Create and schedule custom ?nancial, attendance, utilization, and marketing reports all ?om the same interface. View real-time analytics and historical data in tabular or graphical format. All reports can be exported for use in a third—partyapplication.

Account management
To keep track of your clients and contacts including organizations and families Item #7.5.

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City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Jeff Mitchem, Planning & Building Director
Meeting: City Council - Mar 21 2023
Subject: Second Reading of Ordinance No. 759 Municipal Code Amendments Regulating Reusable Foodware and Waste Reduction
DESCRIPTION:

Consideration of Ordinance No. 759 amending the Calistoga Municipal Code (CMC) to include new regulations governing the use of reusable and disposable foodware to encourage waste reduction within the City of Calistoga (City).

RECOMMENDATION:

Adopt Ordinance No. 759 (Attachment 1).

BACKGROUND/SUMMARY:

On February 21, 2023, City Council conducted a duly noticed public hearing to introduce the attached Ordinance No. 759 and waive its first reading. The ordinance amends Calistoga Municipal Code Title 8, “Health and Safety” (Chapters 8.16 and 8.17) and Title 19, “Environmental Protection” (Chapter

19.12) to include new regulations governing the use of reusable and disposable foodware to encourage waste reduction within the City of Calistoga, as set forth in Exhibit A of Attachment 1. In brief, the amendments will:
• modify CMC Chapter 8.16 Garbage and Refuse in the interest of clarity and consistency related to definitions, receptacles, and signage; and
• create a new CMC Chapter 8.17 Reusable Foodware and Waste Reduction, banning the use non-compostable foodware items; and
• modify CMC Chapter 19.12 Single-Use Carryout Bag Reduction to provide consistency related to definitions, paper bag charge, and enforcement.

The new regulations will take effect on March 20, 2024 (one year from City Council approval) and are consistent with the intent of State of California Assembly Bill 1276 (October 2021). They apply to food providers in Calistoga (any store, shop, sales outlet, restaurant, vendor, business, non-profit, organization, entity, group, or person that provides prepared food) and will:
• ban the use of polystyrene foodware; and
• ban single-use plastic foodware accessory items and to require the use of reusable and/or compostable foodware; and
• require single-use foodware accessories and condiments packaged for single use to be provided only if requested by the consumer; and
• update other CMC chapters as noted above.

Item #7.6.

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Sponsored by the Green Committed as an approved Green Initiative for FY 22-23 authorized by City Council Resolution 2022-05, key components of the Foodware Ordinance campaign include:
• Research of relevant foodware ordinances to ensure that regulations are workable and tailored to meet the needs and expectations of rural communities. • Coordination with Upper Valley Disposal & Recycling to ensure that the Ordinance does not conflict with the compostable and recyclable materials that can currently be processed. • Outreach and education events including surveys with food vendors via the Calistoga Chamber of Commerce, Napa Climate Now, and information table at Farmers Market. • Hand-delivered letters to every food vendor in Calistoga informing them that ‘green’ regulations around reusable and disposable foodware products were being proposed. • Invites to Foodware Food vendors to participate in survey and sign a support letter for Calistoga’s efforts in regulating the use of non-compostable and non-recyclable products (570 signatures).
• Future FAQs in English and in Spanish for inclusion on the City website. • Future letter writing to be published in the local papers in advance of ordinance effective date. • Future outreach and education as appropriate.

Additionally, the City’s Administrative Policy (Attachment 2) will be implemented to provide consistency with the new CMC amendments.

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 have been used primarily to draft the ordinance and print associated outreach materials. The other financial impact would be for relatively minimal staff time needed to assist the Green Committee with outreach efforts to continue educating business owners and monitoring compliance.

ATTACHMENT(S):

ATTCH 1 - 2nd Reading Foodware Waste Reduction Ordinance ATTCH 2 - Public Property Policy, Foodware
APPROVAL(S):

Nitish Sharma Approved - Mar 07 2023
Laura Snideman, City Manager Approved - Mar 13 2023
Marni Rittburg, City Clerk Approved - Mar 14 2023
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ATTACHMENT 1
ORDINANCE NO. 759

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALISTOGA AMENDING CALISTOGA MUNICIPAL CODE ADDING A NEW CHAPTER 8.17

REGULATING REUSABLE FOODWARE AND WASTE REDUCTION WITHIN THE CITY OF CALISTOGA, AND REVISING CHAPTERS 8.16 GARBAGE AND REFUSE AND 19.12 SINGLE-USE CARRYOUT BAG REDUCTION
WHEREAS, the City Council at its regular January 17, 2023, meeting discussed the proposed municipal code amendments and directed staff to commence adoption proceedings; and
WHEREAS, the Calistoga Green Committee at its regular November 8, 2022, meeting discussed and recommended the proposed municipal code amendments to the Calistoga City Council; and
WHEREAS, the City of Calistoga is committed to combating climate change and to its duty to protect the natural environment, the local economy, and the health of its citizens; and
WHEREAS, the limitations proposed on the use of disposable foodware, specifically by food vendors and food providers, are in furtherance of the Goals of the Calistoga Climate Action Plan and the Calistoga General Plan; and
WHEREAS, the City of Calistoga has adopted a goal of net-zero carbon emissions by 2030 and this action would be in furtherance of that goal; and WHEREAS, the proposed Ordinance would be in furtherance of Council Goal 6:

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

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

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

SECTION TWO
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Code Amendments: Chapters 8.16 and 8.17 of Title 8, “Health and Safety” and Chapter 19.12 of Title 19 “Environmental Protection” of the Calistoga Municipal Code are hereby amended as set forth in the attached Exhibit “A”.

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

SECTION FOUR
Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof.

The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective.

SECTION FIVE
Effective Date. This Ordinance shall take effect on March 20, 2024 (one year from the date this Ordinance is adopted by the City Council), shall be published in accordance with the law, in a newspaper of general circulation published and circulated in the City of Calistoga.

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

THIS ORDINANCE was introduced with the first reading waived at the City of Calistoga City Council meeting on the 21st day of February 2023, and was passed and adopted at a regular meeting of the Calistoga City Council on the 21st day of March 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:
____________________________ __________________________ Marni Rittburg, CMC, City Clerk Donald Williams, Mayor
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Dated:___________________
Exhibit “A”
Amendments to Chapters 8.16 and 8.17 of Title 8, “Health and Safety” and Chapter 19.12 of Title 19, “Environmental Protection”
of the Calistoga Municipal Code
CHAPTER 8.16 GARBAGE AND REFUSE

8.16.010 Definitions.

A. “City” means the City of Calistoga.

B. “City Contracted Collection Program(s)” means person, business or entity contracted by City to collect, process, recycle, compost and/or dispose of waste.

C. “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.

D. “Compostable” means (1) all materials in a product, item, or packaging will break down, or otherwise become part of usable compost (e.g., soilconditioning material, mulch) in a safe and timely manner, as defined by 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.

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

E. “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.

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.

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

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

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

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

5. “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.

8.16.080 Provision for receptacles.

A. All Commercial and business establishments who provide 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 nonrecyclable 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).

CHAPTER 8.17 REUSABLE FOODWARE AND WASTE REDUCTION
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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. “City Contracted Collection Program(s)” means person, business or entity contracted by City to collect, process, recycle, compost and/or dispose of waste.

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

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

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

3. Currently “Compostable” shall not include Disposable Foodware 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).

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

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

I. “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.

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

K. “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”.

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

M. "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, drive-thru, 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, farmers market, Item #7.6.

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

N. “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.

O. “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.

P. “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.

Q. “On-Premises” means Customers consume food or beverages on the property of a Food Provider, or are served at outdoor seating by Food Provider staff.

R. “Off-Premises” means Customers do not consume food or beverages on the property of a Food Provider but are purchased to be consumed elsewhere (e.g., Takeout, carry-away, left-overs, etc.).

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

T. "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.

U. “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.

V. “Polystyrene” means a thermoplastic petrochemical material utilizing a styrene monomer and processed by various techniques such as fusion of polymer Item #7.6.

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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 trademarked form of Polystyrene foam insulation). Polystyrene is generally used to make cups, bowls, plates, trays, clamshell containers, meat trays, egg cartons, and coolers.

W. “Prepared Food” means food or beverages that undergo a cooking, assembly, 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 counter, a butcher case or similar retail appliance.

X. “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).

Y. “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.

Z. "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.

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

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

AA. “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.

BB. “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 Compostable, 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 which are Compostable, 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 Compostable, and single-use Item #7.6.

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condiments only On Request or at self-serve stations for food and beverages consumed Off-Premises. A Food Provider for delivery service may include lids, spill plugs, and sleeves without request for Disposable/Non-Reusable Cups as necessary for safe transport.

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

4. Food Providers shall only provide food bags that are paper or Compostable except as exempted in this chapter.

5. Food Providers may use single-use plastic bags only for liquid food items, such as soup, drinks, foods with liquid sauces, etc. where there is a clear need to prevent leakage, or when leakage from melting/defrosting frozen item(s) is likely.

6. Food Providers shall permit use of Customer-provided bags for takeout orders except as exempted in this chapter.

7. For Takeout food orders, Food Providers may, at their sole discretion, deny use of any customer-provided bag or container that is cracked, chipped or corroded, appears inappropriate in size, material, or condition for the intended food item, or that appears to be excessively soiled or unsanitary.

8. Food providers may deny use of Customer-provided bag(s), and instead provide compliant bags for Takeout food orders during high-traffic periods when waiting for customer to bring customer-provided bag would interfere with timely pre-packaging orders.

9. 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 Item #7.6.

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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 (e.g., styrofoam cups, styrofoam coolers, etc.).

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 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:

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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.

5. When needed to comply with State or County health code regulations, such as regulations requiring specified temperature be maintained for hottable display; and 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 when the use of Composable products would be inappropriate for deli or grocery items such as sushi, salads, and cakes, requiring display packaging, Recyclable products shall be utilized unless no such product is available.

6. 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 meat in Polystyrene trays sold at a grocery Store.)

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

3. Medical supplies and services.

4. Products made from Polystyrene that are wholly encapsulated or encased by more durable material. Examples include surfboards, boats, life Item #7.6.

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preservers, craft supplies, coolers, and ice chests which are wholly encapsulated or encased by more durable material.

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

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

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

8.17.60 Administration, enforcement, and penalties.

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

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

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

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

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

CHAPTER 19.12 SINGLE-USE PLASTIC BAG REDUCTION
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19.12.010 Purposes.

The purposes of this chapter are to reduce waste and pollution and protect the environment by minimizing the distribution of single-use plastic bags.

19.12.020 Definitions.

For purposes of this chapter, the following definitions shall apply:

A. “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 except as otherwise specified in this chapter.

1. “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).

2. “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).

B. “Designated business” means (1) any store, shop, sales outlet, tasting room, farmers market, and any other establishments that hold a Type 20 or Type 21 offsale alcoholic beverage sales license; and (2) any restaurant, grocery store, coffee shop, hotel, motel, bed and breakfast inn, roadside stand, Takeout food vendor, caterer, theater, and any other establishment not mentioned above that serves or provides a product to customers and that generate sales or use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5, commencing with Section 7200, of Division 2 of the Revenue and Taxation Code) unless exempted in this chapter.

C. “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.

D. "Person" means and includes a natural Person or legal entity, and the owners, majority stockholders, corporate officers, trustees, and general partners of a legal Item #7.6.

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Ordinance No. 759
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entity.

E. “Pre-checkout bag” or “Produce bag” means a Recyclable or Compostable paper bag, or Compostable bag made from plant-based biodegradable polymers (e.g., BioBag) provided or sold to a customer to carry produce, bulk food, or other food items to the point of sale inside a store. Pre-checkout bag shall not include items composed wholly or partially of plastic of any kind, except as exempted in this chapter.

F. “Post-consumer recycled material” means material that would otherwise be destined for solid waste disposal, having completed its intended end use and product life cycle. Post-consumer recycled material does not include materials and byproducts generated from, and commonly reused within, an original manufacturing and fabrication process.

G. “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.

H. “Recyclable paper bag” means a paper bag that contains no old growth fiber and a minimum of 40 percent Post-consumer recycled material, is accepted for curbside recycling in Calistoga, and has printed on the outside of the bag the word “Recyclable,” the name and location of the manufacturer, and the percentage of Post-consumer recycled content.

I. “Reusable carry-out bag” means a bag that meets all of the following criteria and any additional requirements established by the State of California:

1. Is at least 2.25 mils (thousandths of an inch) thick.

2. Has one or more handles.

3. Has a minimum lifetime capability of 125 or more uses carrying 22 or more pounds over a distance of at least 175 feet.

4. Is at least 15 liters in volume.

5. Is machine washable or made from a material that can be cleaned and disinfected.

6. Meets the standards of the California Toxics in Packaging Prevention Act, as amended, or any successor legislation.

7. Is not made of plastic film, regardless of thickness.

Item #7.6.

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J. “Single-use carry-out bag” means a bag provided to a customer at a checkout stand, cash register, point of sale or other point of departure for the purpose of transporting merchandise out of the establishment; provided, that “Single-use carry-out bag” specifically excludes:

1. Reusable carry-out bags

2. Recyclable paper bags

3. Compostable paper bags or Compostable bags made from plant-based biodegradable polymers (e.g., BioBag).

4. Customer-provided bags.

5. Pre-check-out or Produce bags.

19.12.030 Single-use carry-out bags prohibited.

A. No Designated business shall provide a Single-use carry-out bag to a customer except as exempted in this chapter. Designated businesses are encouraged to voluntarily begin compliance with this chapter prior to the effective date of this ordinance.

B. The following items or activities are exempted from the provisions set forth in this chapter:

1. Government or charitable food distribution centers, such as food banks that repackaging bulk food items in plastic bags for preservation and delivery.

2. When no compliant product is available that protects public health and safety such as the packaging of butchered meats, fish, and/or poultry sold from a butcher counter, butcher case or similar retail appliance.

3. In situations deemed by the City Manager or their designee to be an emergency and procuring and distributing emergency supplies and services for the immediate preservation of the public health, safety, and welfare.

4. Designated businesses may provide Single-use carry-out plastic bags for liquid food items, such as soup, drinks, foods with liquid sauces, etc. where there is a clear need to prevent leakage, or when leakage from melting/defrosting frozen item(s) is likely.

5. Nothing in this chapter shall prevent Designated businesses from selling bulk plastic bags for food storage, trash, pet waste, etc.

6. Nothing in this chapter shall prevent Designated businesses from selling Item #7.6.

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compliant Reusable carry-out bags not provided as part of checkout.

19.12. 040 Customer-provided carry-out bags.

A. Nothing in this chapter shall prohibit customers from using their own bags or containers of any type for the transport of merchandise from a Designated business, including transport of Takeout food and restaurant leftovers except as exempted in this chapter.

B. Designated businesses shall not require a customer to purchase or accept a carry-out bag of any kind, including compliant bags, as a condition of sale, with the following exceptions.

1. Designated businesses may deny use of customer-provided bags or containers for Takeout food orders during high-traffic periods when doing so will interfere with timely provision of pre-packaging for pre-orders and curbside orders.

2. Designated businesses may refuse, at their sole discretion, any customerprovided bag or container that is cracked, chipped or corroded, appears inappropriate in size, material, or condition for the intended food item, or that appears to be excessively soiled or unsanitary.

19.12.050 Recyclable and Compostable carry-out bag charge.

A. Except as provided in subsection (C) below, no Designated business shall provide a Compostable or Recyclable paper bag to a customer for the purpose of transporting merchandise out of the establishment unless:

1. The Designated business charges the customer a minimum amount of $0.25 per bag or other amount set by Resolution of the City Council; and

2. The amount of the charge for each Recycled paper bag is separately itemized on the sales receipt provided by the establishment to the customer.

B. Designated businesses may not rebate or otherwise reimburse a customer any portion of the charge required for an allowable carry-out bag.

C. Designated businesses may provide Reusable carry-out bags, Recyclable paper bags, or Compostable bags at no cost to a customer who is participating in the California Special Supplemental Food Program for Women, Infants, and Children pursuant to Article 2 of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code, or a customer who is participating in the Supplemental Food Program pursuant to Chapter 10 of Part 3 of Division 9 of the Welfare and Item #7.6.

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Institutions Code.

19.12.060 Recyclable/Compostable Pre-check-out/Produce bag.

A. Pre-checkout/Produce bags provided by a Designated businesses shall be Composable or Recyclable as defined in this chapter.

B. No Designated business shall provide non-compliant Pre-checkout bags to a customer except as exempted in this chapter. Designated businesses are encouraged to voluntarily begin compliance with this chapter prior to the effective date of this ordinance.

C. The following items or activities are exempted from the provisions set forth in this chapter:

1. Government or charitable food distribution centers, such as food banks that repackaging bulk food items in plastic bags for preservation and delivery.

4. Designated businesses may provide single-use plastic bags for liquid food items, such as soup, drinks, foods with liquid sauces, etc. where there is a clear need to prevent leakage, or when leakage from melting/defrosting frozen item(s) is likely.

5. Nothing in this chapter shall prevent Designated businesses from selling bulk plastic bags for food storage, trash, pet waste, etc.

19.12.060 Administration, enforcement, and penalties.

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

Item #7.6.

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

Item #7.6.

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ATTACHMENT 2
1 City of Calistoga

POLICY ON 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 March 21, 2023 the City Council adopted Ordinance 759 enforcing the requirements of AB 1276 and expanding the requirements to all non-compostable and non-recyclable products.

II. POLICY PURPOSE
The purpose of this Policy on Foodware Purchasing & Contracting (FP&C) is to guide City decisions and actions implementing Ordinance 759. The City desires to establish protocol guiding activity on public facilities in a manner consistent with the purpose and intent of Ordinance 759.

III. POLICY
City Policies

1. Planning and Building Department will 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 (March 20, 2024).

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 will 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 will be updated as needed, or at least yearly.

5. The City will 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 will conform drinking water systems where reasonable.

City’s Purchasing Policies

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

Item #7.6.

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2. The City will 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 will any City-sponsored event utilize noncompliant Foodware.

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

5. The City will 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 will 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 will 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 will 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
Item #7.6.

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City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Katie Lichtig,
Meeting: City Council - Mar 21 2023
Subject: Authorize execution of a Non-Disclosure Agreement with Pacific Gas and Electric concerning Clean Energy Microgrid Project
DESCRIPTION:

Authorize the City Manager to execute a non-disclosure agreement (NDA) with Pacific Gas and Electric (PG&E) so that the City may access confidential documents concerning the possible construction of a clean energy (hydrogen and battery storage) microgrid to provide emergency power to much of the City during Public Safety Power Shut-off (PSPS) events.

RECOMMENDATION:

Authorize the City Manager to execute a Non-Disclosure Agreement with Pacific Gas and Electric (PG&E) so that the City may access confidential documents concerning the possible construction of a clean energy (hydrogen and battery storage) microgrid to provide emergency power to much of the city during Public Safety Power Shut-off (PSPS) events.

BACKGROUND/SUMMARY:

Beginning in the summer/fall of 2018 Pacific Gas & Electric (PG&E) initiated a Wildfire Mitigation Plan which included Public Safety Power Shut-off (PSPS) as a wildfire prevention measure. During a PSPS, PG&E switches off transmission power in High Fire Hazard areas. The power shutoffs were an attempt to prevent wildfires from being started by electrical equipment during strong and dry winds.

The City of Calistoga has been subject of several PSPS events, which have lasted a few hours to several days leaving business, citizens, and many critical governmental services without power.

As a result of the impacts to the customers of PG&E from the PSPS events, the State initiated efforts to commercialize microgrids. On September 19, 2018, the Governor signed SB 1339. The legislation required the California Public Utilities Commission (PUC), in consultation with the State Energy Resources Conservation and Development Commission and the Independent System Operator, to take specified actions to facilitate the commercialization of microgrids for distribution to customers of large electrical corporations. This included requiring local publicly owned electric utilities to develop and make available a standardized process for the interconnection of a customer-supported microgrid, including separate electrical rates and tariffs.

In response to SB 1339, the PUC issued Decision 21-01-018 on January 21, 2021, and draft Resolution E.5164 on September 9, 2021, which required PG&E to seek offers at one or more substations for a project capable of safely and reliably powering the substation during a 48-hour transmission outage. The decision also required that the projects should be partially operational by September 2022 and estimated to achieve grid equivalent or lower GHG emissions, and a 90 percent reduction in particulate and NOx emissions, compared to Tier 2 diesel and to achieve grid equivalent or lower greenhouse gas (GHG) emissions.

Item #7.7.

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Even before the PUC action, in January of 2020, the City Council and staff began looking at a community microgrid as one possible solution to the preemptive power shutoffs. A microgrid is typically a self-contained, small, electricity system with the ability to disconnect from the electric grid when the need arises and provide customers with various levels of critical support. Microgrids are typically made of a combination of distributed energy resources, storage, and demand response capabilities. Following talks with the City, in July of 2020 PG&E installed a diesel-powered microgrid station to provide temporary power to downtown Calistoga during a Public Safety Power Shutoff event during wildfire season. The station allows much of the downtown area (including fire and police station, fairgrounds, post office, banks, schools, markets, residences, hotels, and restaurants among other businesses, facilities, and community services) to remain energized during PSPS events. The microgrid is located on south Washington Street, next to Tedeschi Little League Field. The utility uses mobile, diesel generators to power the microgrid.

To further the goal of implementing a cleaner energy microgrid project, PG&E pursued a competitive process to select a private sector third party the build and operate the microgrid. After a competitive process and an independent evaluation of proposals, PG&E selected Energy Vault, Inc, to be the third-party provider for the microgrid.

The city-owned site next to Tedeschi Field where the existing distribution microgrid preinterconnection hub (PIH) is located is a possible location at which participants might site equipment for their proposed microgrid. Site selection was refined over time and the following reflects the currently preferred location for the microgrid.

PG&E has confidential documents that the City wishes to review. Specifically, the City wants to review the safety, feasibility, and other aspects of the Microgrid in order to evaluate proposals for a lease and siting approvals. If the Council authorizes execution of the NDA then PG&E may provide the City with certain confidential information with the expectation that the City will not disclose this information unless legally compelled to do so.

ANALYSIS:

As part of the leasing, site selection and permitting process it is important that the City have access to certain information such as studies, data and specifications of the microgrid to support the City's evaluation of the project. As such the NDA would make the following Confidential Information available to the City: (i) all confidential and proprietary documents, records, reports, agreements and associated documents; (ii) any and all information pertaining to PG&E’s electric distribution and transmission facilities; (iii) all technical, financial and business information of any kind; (iv) all written procedures; and (v) all data, specifications, technology, ideas, know-how, improvements, maps, technical drawings, inventions (whether or not patentable or copyrightable), or trade secrets.

The NDA also expressly excludes the following information from the definition of "Confidential Information". Information which: (a) is already known to the City on a non-confidential basis prior to the disclosure by PG&E; (b) becomes publicly available without breach of the confidentiality obligations of this NDA by City or its representatives; (c) is approved for release without confidentiality obligations by written authorization of PG&E; (d) is rightfully obtained by the City from a third party without restriction as to disclosure; (e) is developed independently by the City without use of or access to PG&E’s Confidential Information.

The City Attorney's Office has been integral to the development and amendments to the draft NDA and recommends adoption should the Council wish to facilitate staff reviewing this material as part of the project evaluation and lease negotiations.

Item #7.7.

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CEQA STATUS:

No CEQA analysis is required for this action.

FINANCIAL IMPACT:

There are no financial impacts from executing the non-disclosure agreement.

ATTACHMENT(S):

Site Map - PG&E
PGE-City of Calistoga NDA for CSM Final Execution 3-10-23 APPROVAL(S):

Nitish Sharma Approved - Mar 13 2023
Laura Snideman, City Manager Approved - Mar 13 2023
Marni Rittburg, City Clerk Approved - Mar 14 2023
Item #7.7.

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Item #7.7.

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PG&E Nondisclosure Agreement – City of Calistoga
1 NONDISCLOSURE AGREEMENT
This NONDISCLOSURE AGREEMENT (“NDA”), by and between Pacific Gas and Electric Company, a California corporation (“PG&E” or “Disclosing Party”), and the City of Calistoga (“Agency” or “Receiving Party”) (together the “Parties” and each individually a “Party”), is effective as of the latest signature date below (the “Effective Date”).

1. Purpose. Agency wishes to review the safety, feasibility, and other aspects of the Clean Substation Microgrid Pilot Project in Calistoga that PG&E has proposed to develop in collaboration with Energy Vault, LLC (the “CSM Pilot”) in order to evaluate proposals for a lease and siting approvals for CSM Pilot (the “Purpose”). In connection with the Purpose, PG&E may provide or has provided to Agency certain Confidential Information, as defined below.

2. Confidential Information. “Confidential Information” as used herein shall mean any nonpublic proprietary or confidential data, information and other materials including those regarding the products, services or business of PG&E, its parent company, its subsidiaries or affiliates (and/or if PG&E is bound to protect the confidentiality of any third party, of such third party) provided by or made available by PG&E where such information is marked or otherwise communicated as being “proprietary” or “confidential” or the like, or where such information should, by its nature, regardless of the existence of any markings, be reasonably considered to be confidential and/or proprietary. Without limiting the foregoing, Confidential Information includes (i) all confidential and proprietary documents, records, reports, agreements and associated documents; (ii) any and all information pertaining to PG&E’s electric distribution and transmission facilities; (iii) all technical, financial and business information of any kind; (iv) all written procedures; and (v) all data, specifications, technology, ideas, know-how, improvements, maps, technical drawings, inventions (whether or not patentable or copyrightable), or trade secrets. Except as expressly provided in Paragraph 3, Confidential Information does not include information which: (a) is already known to the Receiving Party on a non-confidential basis prior to the disclosure by PG&E; (b) becomes publicly available without breach of the confidentiality obligations of this NDA by Receiving Party or its representatives; (c) is approved for release without confidentiality obligations by written authorization of PG&E; (d) is rightfully obtained by Receiving Party from a third party without restriction as to disclosure; (e) is developed independently by Receiving Party without use of or access to PG&E’s Confidential Information. The Parties expressly agree that any Site Lease Agreement between the Parties, including all exhibits thereto, shall not be subject to this NDA.

3. Previously Disclosed Confidential Information. The Parties acknowledge that PG&E has previously provided the following information to the Agency with an expectation of confidentiality: (1) A safety study entitled the Calistoga Microgrid Hazard Identification (HAZID) Report (draft); (2) a safety study entitled the Hazard Operability (HAZOP) Report (draft); and (3) information concerning the specific number of “courtesy dispatches” allowed pursuant to the executed contract between PG&E and Energy Vault, LLC (collectively, the “Previously Provided Confidential Information”). Agency has disclosed the Previously Provided Confidential Information to (i) the administrators of the California Intergovernmental Risk Authority, a joint powers authority, its risk management pool, (ii) Item #7.7.

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PG&E Nondisclosure Agreement – City of Calistoga
2 Bureau Veritas, a private company serving as Agency’s building and safety staffing contractor, and (iii) Olivia Ervin, Principal at Metropolitan Planning Group, Agency’s CEQA consultant. Agency has not otherwise publicly disclosed the Previously Provided Confidential Information and expressly agrees to treat that information as Confidential Information subject to this NDA going forward.

4. Use and Nondisclosure of Confidential Information. The Receiving Party agrees to keep any Confidential Information made available or provided to it as confidential and proprietary and shall treat such Confidential Information in the same manner as it treats is own similar proprietary and confidential information, but in no case will the degree of care be less than reasonable care. The Receiving Party shall use the Confidential Information only in performing its obligations or to exercise its rights in connection with the Purpose. The Receiving Party shall not sell, share or otherwise disclose Confidential Information to any third party (except as authorized under the NDA or applicable law) without PG&E’s express written consent. The Receiving Party shall disclose Confidential Information only to those officials, employees, agents, attorneys, advisors and contractors of Receiving Party who have a need to know such information for the purposes of performing its obligations or exercising its rights in connection with the Purpose, and such officials, employees, agents, attorneys, advisors and contractors must be bound by an NDA or have entered into agreements with Receiving Party containing confidentiality provisions covering the Confidential Information with terms and conditions at least as restrictive as those set forth in this NDA.

5. Disclosures Required by Law. In the event Agency’s legal counsel determines that any Confidential Information is required to be disclosed by law, rule, regulation, or by order of a court of competent jurisdiction or governmental order, then to the extent permitted by applicable law, the Agency shall advise PG&E of the Confidential Information required to be disclosed promptly upon learning thereof in order to afford PG&E (at PG&E’s sole cost and expense) a reasonable opportunity to provide Agency with PG&E’s objections to any production, and then such disclosure shall be made only to the extent necessary to satisfy such requirements.

6. Return or Destruction of Confidential Information. All Confidential Information disclosed by PG&E to Receiving Party remains the property of PG&E, and Receiving Party shall return or destroy all copies of Confidential Information in its or its agents’ possession upon the termination of this NDA or otherwise at PG&E’s request. Within thirty (30) days of receiving such request from PG&E, the Receiving Party shall, to the extent permitted by applicable law, comply with the request and provide written certification, signed by the Receiving Party, confirming the Receiving Party’s compliance with the return or destruction of all Confidential Information as set forth in this provision.

7. Term and Termination. This NDA shall be effective from the Effective Date and will continue until PG&E provides written notice of termination to Receiving Party. All provisions of this NDA relating to Confidential Information disclosed to Receiving Party pursuant to this NDA prior to termination shall survive.

Item #7.7.

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PG&E Nondisclosure Agreement – City of Calistoga
3 8. No License. No license or proprietary rights are granted by disclosure of any Confidential Information under this NDA. For avoidance of doubt, nothing in this NDA is intended to grant any rights to the Receiving Party under any patent, copyright, trade secret or other intellectual property right nor does this NDA grant the Receiving Party any rights in or to the Confidential Information, except the limited right to use the Confidential Information solely for the Purpose.

9. Compliance with Applicable Law. The Receiving Party agrees to comply with all applicable laws governing the protection of the Confidential Information.

10. Indemnification. The Receiving Party shall indemnify PG&E against any and all actions, claims, liabilities, costs, damages, charges and expenses incurred in connection with or arising out of the Receiving Party’s material breach of its obligations under this NDA.

11. Assignment. Receiving Party shall not assign this NDA nor any Confidential Information received from PG&E pursuant to this NDA without PG&E’s prior written consent. This NDA shall be binding upon Receiving Party, their successors, and assigns.

12. No Warranty. All Confidential Information is provided “as is” without any warranties, express, implied, or otherwise, regarding the accuracy or completeness of any Confidential Information disclosed by PG&E to the Receiving Party.

13. Severability and Waiver. The covenants and agreements set forth in this NDA are each deemed separate and independent, and if any such covenant or agreement is determined by any court of competent jurisdiction or arbitrator/mediator to be invalid or unenforceable for any reason, the Parties shall negotiate an equitable adjustment in the provisions of this NDA with a view toward effectuating the purpose of this NDA. The invalidity or unenforceability of any of the provisions, or application of any of the provisions, of this NDA will not affect the validity or enforceability of any of the remaining provisions of this NDA.

14. Entire Agreement. This NDA contains the entire understanding between the Parties with respect to Confidential Information received hereunder. This NDA has been negotiated by both Parties and shall not be strictly construed against either Party. No change, modification, extension, termination, or waiver of this NDA shall be made effective unless in writing and signed by an authorized representative of each Party.

15. Governing Law. This NDA shall be construed and interpreted in accordance with the laws of the State of California. Any controversy, dispute, issue, or claim arising out of or in any way relating to this NDA which cannot be amicably settled without court action shall be litigated in a California State Court of competent jurisdiction; or if jurisdiction over the action resides in the federal courts, then in a Federal Court of competent jurisdiction situated in the State of California.

16. Counterparts. This NDA may be executed in one or more counterparts, each of which shall be deemed an original and all of which, when taken together, constitute one and the same instrument. The Parties agree that electronic signatures may be used for execution of the Item #7.7.

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PG&E Nondisclosure Agreement – City of Calistoga
4 NDA. The email, PDF or other electronically delivered signatures of the Parties shall be deemed to constitute original signatures, and electronic copies of the executed NDA shall be deemed to constitute duplicate originals.

17. Remedies. Notwithstanding any other term of this NDA, it is expressly agreed that a breach of this NDA will cause irreparable harm to PG&E and that a remedy at law would be inadequate. Therefore, in addition to any and all remedies available at law, PG&E will be entitled to injunctive and/or other equitable remedies in the event of any threatened or actual violation of any provisions of this NDA. In any dispute between the Parties arising out of or relating to the NDA, the prevailing party shall be entitled to recover from the opposing party his or its attorneys’ fees and costs.

IN WITNESS HEREOF, and intending to be legally bound hereby, the Parties hereto have caused this NDA to be executed by their duly authorized representatives as of the Effective Date.

City of Calistoga, California PACIFIC GAS AND ELECTRIC

COMPANY
By: Signature:

Name: Laura Snideman
Title: City Manager Name: Quinn Nakayama
Date: ______________________________
Title: Senior Director,
GRID Innovation R&D
Attest:

Date:

By: ______________________________
Name: Marni Rittburg
Title: City Clerk
Approved as to Form:

By:

Name: Michelle Marchetta Kenyon
Title: City Attorney
03/10/2023
Item #7.7.

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City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Nitish Sharma,
Meeting: City Council - Mar 21 2023
Subject: The Fiscal Year 2022-23 Mid-Year Budget Update DESCRIPTION:

Consider adopting a Resolution accepting the mid-year budget update for the Fiscal Year 2022-23.

RECOMMENDATION:

Receive the Interim Finance Director’s report on the mid-year budget for the Fiscal Year 2022-2023; and adopt the Resolution amending the budget for the Fiscal Year 2022-23.

BACKGROUND/SUMMARY:

On June 21, 2022, the City Council adopted a balanced budget for the Fiscal Year 2022-23. It is the City’s practice that we review the status of the revenues and expenses at mid-year and make any recommendations for adjustments to the City Council. The expectation is that mid-year budget adjustments will address changing conditions unknown during the budget adoption period.

The purpose of this report is to present the Interim Finance Director’s analysis of the General Fund.

The analysis is informed by best practices and based on fiscal cornerstones that are consistent from year over year to achieve long-term fiscal sustainability and the goals and vision of the City Council.

Four of those fiscal cornerstones utilized by the Interim Finance Director are described below:

1. Adequate funding to meet required service levels.
a) Promote economic development;
b) Secure grant opportunities and expand the use of local funds; c) Invest excess funds over current reserve balance to create capacity or opportunities;
d)Seeking new revenue to continue to fund the aging infrastructure needs.

2. Cost Containment: Making efficient use of existing tax dollars. a) Continue to implement efficiencies and innovations to reduce operating costs; b)Continue to look for opportunities to reduce or limit the increase in City’s longterm obligations (labor costs, including pension and other-post employment benefits);
c) Continue to monitor and look for opportunities to reduce spending by departments by reorganization or review of the cost allocation plan for general city services to ensure sufficient revenues are generated to reduce the burden on the General Fund; and
d) Invest in employee professional training to better utilize technology to create efficiencies and innovation.

3. Build and maintain a prudent reserve fund balance.

Item #7.8.

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a) Review and evaluate the current reserve policy and return to the City Council with any recommendations for adjustments to ensure adequate funding for emergencies or economic downturns; and
b) Set reserve requirements for the utility funds consistent w/ the costs of service study used to develop the rate structures.

4. Foster a climate of sincerity, transparency, and accountability. a) Enhance customer service, using metrics when possible, to ensure the funds are allocated and spent accordingly;
b) Enhance and promote open data and use results to communicate to Council and citizens on financial matters; and
c) Promote accountability of the allocation of resources.

ANALYSIS:

The analysis below addresses the operating funds for Fiscal Year (FY) 2022-23, including the General Fund, Enterprise Funds (Water Operating and Sewer Operating), and the Special Revenue Funds (Equipment Replacement and American Rescue Plan Act).

The supplemental budget requests in the packet are primarily the mandatory cost increases related to the labor contracts/obligations, regulatory increases, and a one-time supplemental increase to the materials/services and supplies budget. The one-time adjustment to materials/services and supplies budget request is primarily due to a combination of factors including the increase in service costs due to the employee negotiations, hiring of consultants to backfill vacant position, and additional overtime to backfill vacant positions and others.

General Fund
General Fund Revenues
The total General Fund revenue budget adopted for the Fiscal Year 2022-23 was $17.3 million while the appropriations budget, including capital improvement budget, was $20.3, a net deficit spending of $3.0 million. The analysis of revenues and expenditures are summarized below.

Attachment 2 includes a General Fund Summary with proposed revenues and expenditure adjustments as described in the report. Attachment 3, Table 1, illustrates the General Fund revenue analysis for the Fiscal Year 2022-23.

1. Property Taxes: Property tax is an ad valorem tax imposed on real property, such as land, buildings, and tangible personal property. Property tax revenue is collected by the County and allocated according to state law among cities, counties, school districts and special districts.

Calistoga property owners pay a basic tax equal to 1% of the assessed value on real property.

The City receives approximately 20¢ of every dollar collected with larger shares going to local schools, community colleges and Napa County. For Fiscal Year 2022-23, the total assessed valuation of property values within the City of Calistoga increased by 14.3% while the County of Napa’s assessed valuation increased by 7.0%. This was primarily due to a single, large transaction. The City’s share of the property tax revenues increased by 8% or $187,368. The City works with a property tax consultant, HDL Coren & Cone, in projecting property tax revenue, an estimate made with five factors in mind: property turnover rate, pricing and appeals exposure, new construction activity, Proposition 8 administrative reductions and Proposition 13’s annual inflation adjustment.

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2. Vehicle License Fee (VLF): As part of the State Budget Act of 2004, the legislature reduced VLF revenue allocations to cities, replacing this funding with additional property tax allocations that change proportionately with the City’s annual assessed valuation (property tax in-lieu of VLF revenue). Total VLF estimated for the Fiscal Year 2022-23 are projected to increase by $45,381, or 4.0% from prior estimates.

3. Sales Tax: California sales tax is imposed on the total retail price of any tangible personal property (excluding a variety of state mandated exemptions), while use tax is imposed on the purchaser for eligible transactions when sales tax has not been collected. The sales and use tax rate in Napa County is currently 7.75% of which Calistoga receives 1% from the California Board of Equalization for transactions occurring within the City. The City staff received a sales tax projection report from the City’s consultant, HDL Coren & Cone, for the Fiscal Year 2022-

23. HDL projects the City’s sales tax revenues will increase by $48,000 when compared to budget. The City staff will continue to monitor the sales tax receipts to ensure that the budget targets are met for the year.

4. Transient Occupancy Tax (TOT) is a 12% tax applied to the cost of lodging stays. Factors influencing TOT revenues include business and leisure travel, local business activity and room rate increases. Transient taxes are the largest revenue for the General Fund and makes up more than half of all projected General Fund resources FY 2022-23. The TOT revenues are expected to rebound in Fiscal Year 2023 based on the current room rates and occupancy rates.

For Fiscal Year 2022-23, the TOT revenues are projected to increase by a total of $1.4 million when compared to the adopted budget. This revenue source can fluctuate and, therefore; staff will monitor this closely to ensure there is no negative impact on the City’s budget.

5. Other Taxes: The three types of taxes included in the Other Taxes category are the Document Transfer Tax, Manufacturing Tax, and Unsecured Tax. Based on the most recent tax distributions, these taxes are projected to have a moderate increase of approximately $62,000, when compared to budget.

6. Other Revenues: Franchise Fees, Central Services Reimbursements and Miscellaneous revenues are included in this revenue category. For the fiscal year 2022-23, there is no adjustment is being proposed by staff. Staff will continue to monitor the revenues in this category and report it as part of the annual budget.

GeneralFundExpenditures
Total General Fund expenditures approved by the Council for Fiscal Year 2022-23 was $20.3 million, a net deficit spending of $3.0 million. The deficit spending was offset with the available fund balance. It is important to note that almost all the deficit spending is due to investment in the capital improvements. The City Council approved a total of approximately $3.0 in capital improvements. Attachment 3, Table 2, illustrates the General Fund expenditure analysis for the Fiscal Year 2022-23.

1. Personnel Costs: Mandatory personnel expenses, such as salaries, overtime, retirement, retiree health, and group insurance, make up approximately 77% of the City's total operating budget.

Following the conclusion of labor negotiations with all represented and unrepresented groups, incorporating adjustments to council-approved positions, and adjusting for unanticipated absences/payouts, the City expects a personnel cost increase of approximately $563,000 for FY 2022- 23.

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• $342,864: Costs related to the approval of the new contracts with various labor organizations of the City of Calistoga.
• $48,491: Costs related to the personnel modifications approved by council over the past year.
• +1 FTE Accountant: $ 64,257
• -1 FTE Management Analyst: -$158,517
• +1 FTE Executive Assistant: $ 53,646
• +1 FTE Human Resources Manager $ 89,505
o Total: $ 48,891
• $171,435: Employee Compensated Absences/Payouts.

2. Materials/Supplies/Services: Increase in maintenance/supplies/services for FY 2022-23 is largely due to an increase in cost of legal services driven by a labor cost increase and unforeseen need of legal services in addition to higher audit costs. Higher use of legal services were primarily driven by drawn-out Fairgrounds negotiations and personnel matters. In audit matters, the City is catching up on various finance related tasks for the year. This new budget request will provide adequate resources to ensure some of the tasks are completed in a timely and efficient manner.

The supplemental budget requests for the Fiscal Year 2022-23 includes a total of $200,000 in cost adjustments related to services provided to the City. • $45,000: New budget request (one-time) to adjust the consultant contract for financial/audit support.
• $155,000: New budget request to adjust the contract of the City’s Legal Counsel.

It is the City’s intent to balance any other increases in the materials/supplies/services within the budget allocated for each respective fund as allowed under the City Council's policy.

3. Capital Improvement Program (CIP): The City Council approved $3.0 in capital improvement projects for the Fiscal Year 2022-23. The approved CIP funded various improvements including pavement Maintenance ($917,000), Logvy Park Improvements ($435,000), Path at Heath ($100,000), Vegetation Management ($160,000), Facility Improvements ($135,000) and others.

The proposed budget request for the Fiscal Year 2022-23 includes:
• -$25,000:The original budget for the acquisition of the Parks and Recreation modular building was approved not exceed $240,000 in the adoption of the American Recovery Act Plan (ARPA) expenditures. In the current year, there is a commitment to allocate $25,000 to the Boys and Girls Club. This request changes the funding of the $25,000 commitment from the General Fund to the ARPA Fund. ARPA fund analysis described later in this report.
• $32,500:New funding request to close out the Vegetation Management Project. The total budget approved for this project was $160,000. The actual expenditures were approximately $192,500. This new funding will close the budget variance in this project.

WATER OPERATING FUND
The Water Operating Fund has a total expenditure budget of $5.0 million (including depreciation expense). Total operating expenditure budget without depreciation expense was $4.4 million while the total operating revenue budget of $4.1 million, a net deficit spending of $300,000. The City is in the process of updating the costs of providing the water to the customers as part of the rate study. The chart below illustrates the current budget and supplemental requests for the Water Operating Fund. Attachment 3, Table 3, illustrates the Water Operating Fund analysis for the Fiscal Year 2022-23.

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The proposed supplemental budget request for the Water Operating Fund includes:
• $52,684: Estimated costs from the adoption of the new labor agreements with various employee organizations of the City of Calistoga. This is a mandatory cost that was approved by the Council as part of the approval of the revised salary schedule. • $83,608: Estimated costs to fully fund the Water Conservation Technician position that was not included in the original approved budget for the Fiscal Year 2022-23. The Public Works Department had 1.5 full-time equivalent position for the water conservation efforts. The 0.5 position was reclassed to administrative support. The full-time Water Conservation Technician was not on the authorized position list as it was originally reclassified as an Administrative Services Technician. This request will ensure the authorized position match the budget.
• $30,000: A new request of $30,000 to replace the sewer hydraulic equipment. The original budget approved by the Council was $65,000. The City received a quote of $95,000. The difference of $30,000 in new request will be offset by reducing the budget for the Air Compressor ($20,000) and Wonderware contract ($10,000).

SEWER OPERATING FUND
The Sewer Operating Fund has a total expenditure budget of $5.2 million (including depreciation expense). Total operating budget without depreciation expense was $4.2 million while the total operating revenue budget of $3.8 million, a net deficit spending of $400,000. The City will update the wastewater rates to stabilize this fund as part of the new rate structure. The chart below illustrates the current budget and supplemental requests for the Sewer Operating Fund.

Attachment 3, Table 4, illustrates the Sewer Operating Fund analysis for the Fiscal Year 2022-

23. The proposed supplemental budget request for the Sewer Operating Fund includes:
• $54,929:Estimated costs from the adoption of the new labor agreements with various employee organizations of the City of Calistoga.

EQUIPMENT REPLACEMENT FUND
This fund accounts for all the operating and maintenance costs related to the City’s computer network, workstation system, maintenance, and purchase of vehicles, as well as fixed and maintenance costs related to information technology that benefit all other City funds and programs. Attachment 3, Table 5, illustrates the Equipment Replacement Fun d analysis for the Fiscal Year 2022-23.

The proposed supplemental budget request for the Equipment Replacement Fund includes:
• $61,300: Estimated costs to replace the street sweeper that is over 12 years old. The total cost of the street sweeper is $341,300. The City Council approve a budget of $280.000 in the Equipment Replacement Fund (Account Number: 15-4970-4820) in the Fiscal Year 2022-23. The proposed increase of $46,207 is primarily due to the change in the price to purchase the street sweeper.

AMERICAN RECOVERY PLAN ACT (ARPA) FUND
Signed into law on March 11, 2021, The American Rescue Plan Act of 2021 (“ARPA”) provides $350 billion in additional funding for state and local governments. The state funding portion is approximately $195 billion with $25.5 billion distributed equally among the fifty states and the District of Columbia and the remaining amount distributed according to a formula based on unemployment.

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The City Council of Calistoga approved an expenditure plan of the ARPA funding on November 16, 2021. The expenditure and revenue plan approved by the Council is illustrated below:
• ARPA Fund Receipts: $1,255,194
• ARPA Fund Proposed Expenditure Plan:
o Wastewater Treatment Plant Equalization Basin Liner: $700,000 o Recreation Department Office: $145,000- $240,000
o Community Center Audio-visual System: $62,000
o Organizational Assessments and Information Technology Strategy: $75,000 o Downtown Parking Strategy: $50,000
The proposed supplemental budget request for the ARPA Fund includes:
• $37,534: Estimated costs to offset the budget deficit of $12,534 from the prior year and a new budget request of $25,000 to fund the commitment to the Boys and Girls Club. • $20,953: Estimated costs to offset the budget deficit for the Community Center Audio/Visual systems. This project is complete, and the new funds will offset the costs already incurred.
• $25,000: New funding request to fund the Economic/Business Diversification grant program. This program will allow businesses to explore business opportunities in the City of Calistoga.

Attachment 3, Table 6, illustrates the ARPA Fund analysis for the Fiscal Year 2022-23.

CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:

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

CEQA STATUS:

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

FINANCIAL IMPACT:

The proposed budget includes adjustments to revenues and expenditures. If approved by the City Council, the budget adjustment increases in each respective fund will be as follows:
• General Fund
o Revenues: $1,784,755
o Expenditures: $763,191 (Operating) and $7,500 (Capital) • Water Fund
o Expenditures: $136,292
• Sewer Fund
o Expenditures: $54,929
• Equipment Replacement Fund: $46,207
• ARPA Funds: $83,487
ATTACHMENT(S):

Attachment 1 - FY 2022-23 Budget Resolution
Exhibit A.1 2022-23 MId Year Budget Adjustments
Attachment 2 - General Fund Analysis
Attachment 3 - Staff Report Tables
Attachment 4 - FY 22-23 Mid Year Budget PowerPoint
Item #7.8.

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APPROVAL(S):

Nitish Sharma Approved - Mar 07 2023
Laura Snideman, City Manager Approved - Mar 14 2023
Marni Rittburg, City Clerk Approved - Mar 14 2023
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ATTACHMENT 1
RESOLUTION NO. 2023-____

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

OF NAPA, STATE OF CALIFORNIA, APPROVING MID-YEAR ADJUSTMENTS TO THE CITY’S OPERATING AND CAPITAL IMPROVEMENT BUDGET FOR FISCAL YEAR 2022-23
WHEREAS, the City Council of the City of Calistoga adopted an Operating Budget and Capital Improvement Program for Fiscal Year 2022-23 on June 21, 2022; and
WHEREAS, the City Manager has proposed the budget adjustments as described in the City Council report dated March 21, 2023, for Fiscal Year 2022-23 based on the determination by the Department Directors that these adjustments are essential to the City’s operations; and
WHEREAS, the City Council has reviewed the proposed budget adjustments on March 21, 2023, for the period of July 1, 2022, through June 30, 2023, and does hereby find the recommendations to be necessary and in the City’s best interest.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Calistoga hereby approves the budget adjustments to the City of Calistoga Operating and Capital Improvement Budget for Fiscal Year 2022-23 as set forth in Exhibit A attached hereto.

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
______________________________ ________________________________ Marni Rittburg, CMC, City Clerk Donald Williams, Mayor
Item #7.8.

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Dept
Original
Budget
FYE 2023
Supplemental
Requests
FY 2023
Projected
FY 2023
Revenues
3201 Property Taxes 2,261,643 187,368 2,449,011
3204 Transient Occupancy Tax 9,600,000 1,400,000 11,000,000 3232 Vehicle In-Lieu Fees 941,887 45,381 987,268
Other Taxes 211,722 62,000 273,722
3212 Building Permits/Fees 120,000 32,000 152,000
3244 Planning Services Fees 50,000 10,000 60,000
Expenditures
4108 Finance Department 430,984 430,984
MOU Adjustment 4,599 4,599
Accountant (CC Approved) 64,257 64,257
Employee Payout 171,435 171,435
Contracts 45,000 45,000
4111 City Clerk 114,731 114,731
MOU Adjustment 2,794 2,794
4113 City Attorney 270,000 270,000
Additional Legal Services 155,000 155,000
4114 City Manager Office 456,849 456,849
MOU Adjustment 2,794 2,794
Management Analyst (CC Approved) (158,517) (158,517)
Executive Assistant (CC Approved) 53,646 53,646
Human Resources Manager (CC Approved) 89,505 89,505
4115 Planning Division 806,094 806,094
MOU Adjustment 17,328 17,328
4116 Police Services Department 2,925,206 2,925,206
MOU Adjustment 86,213 86,213
Salary Savings (176,481) (176,481)
Overtime Expenditures 176,481 176,481
4117 Fire Services Department 2,588,851 2,588,851
MOU Adjustment 88,630 88,630
Salary Savings (155,942) (155,942)
Overtime Expenditures 155,942 155,942
4121 Public Works 273,328 273,328
MOU Adjustment 7,072 7,072
4122 Streets Division 697,433 697,433
MOU Adjustment 15,512 15,512
Salary Savings (15,165) (15,165)
Overtime Expenditures 15,165 15,165
4123 Park Maintenance 396,480 396,480
MOU Adjustment 7,186 7,186
4124 Maintenance Shop 72,935 72,935
EXHIBIT A: SUPPLEMENTAL BUDGET ADJUSTMENTS

GENERAL FUND
Item #7.8.

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Dept
Original
Budget
FYE 2023
Supplemental
Requests
FY 2023
Projected
FY 2023
EXHIBIT A: SUPPLEMENTAL BUDGET ADJUSTMENTS
MOU Adjustment 2,111 2,111
4125 Building Division 586,836 586,836
MOU Adjustment 7,561 7,561
Building Services Consultant Contract 108,833 108,833
Salary Savings (108,833) (108,833)
MOU Adjustment 17,328 17,328
4126 Pool Facility 231,309 231,309
MOU Adjustment 1,425 1,425
4127 Building Maintenance 524,437 524,437
MOU Adjustment 9,908 9,908
Salary Savings (15,493) (15,493)
Overtime Expenditures 15,493 15,493
Building Maintenance Contract (5,000) (5,000)
Building Maintenance Repairs 5,000 5,000
4129 Police Dispatch Services 922,796 922,796
MOU Adjustment 23,983 23,983
Salary Savings (40,885) (40,885)
Overtime Expenditures 40,885 40,885
4133 Elections 46,950 46,950
Elections Contract -
4138 Emergency Services 51,528 51,528
MOU Adjustment 1,317 1,317
4152 Recreation 246,724 246,724
MOU Adjustment 12,532 12,532
4153 Education/Rec Course 129,050 129,050
MOU Adjustment 8,035 8,035
4154 Senior Programs 66,235 66,235
MOU Adjustment 2,782 2,782
4155 Community Events 31,787 31,787
MOU Adjustment 2,627 2,627
4156 Aquatic Services 421,167 421,167
MOU Adjustment 19,721 19,721
4170 Risk Management 764,728 764,728
4172 Personnel Services 400,161 400,161
MOU Adjustment 1,397 1,397
4173 Sharpsteen 21,606 21,606
MOU Adjustment 11 11
5402 Pavement Maintenance 917,001 917,001
5636 P&R Modular 25,000 25,000
P&R Modular - ARPA Fund Eligible (25,000) (25,000)
Supplemental Costs- P&R Modular -
5647 Supplemental Costs- Vegetation Management 32,500 32,500 Item #7.8.

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Dept
Original
Budget
FYE 2023
Supplemental
Requests
FY 2023
Projected
FY 2023
EXHIBIT A: SUPPLEMENTAL BUDGET ADJUSTMENTS
02-4131 MOU Adjustments 1,196,462 14,465 1,210,927
02-4132 MOU Adjustments 3,156,244 31,930 3,188,174
02-4135 MOU Adjustments 79,270 6,288 85,558
02-4135 Water Conservation Technician 83,608 83,608
03-4141 MOU Adjustments 1,129,386 12,761 1,142,147
03-4142 MOU Adjustments 2,732,856 42,168 2,775,024
03-4141-4821 Sewer Hydraulic Equipment Repl 65,000 30,000 95,000 03-4141-4823 Wonderware Project 13,333 (10,000) 3,333
03-4141-4821 Air Compressor 20,000 (20,000) -
4970 Equipment Replacement 609,339 61,300 670,639
5636 Parks and Recreation Modular 37,534 37,534
Audio/Visual System 20,953 20,953
Economic/Business Diversification Grant 25,000 25,000

AMERICAN RECOVERY PLAN ACT (ARPA)FUND

WATER OPERATING FUND

SEWER OPERATING FUND

EQUIPMENT REPLACEMENT FUND
Item #7.8.

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Dept
Budget FYE
2023
FY 2022/23
Supplemental
Requests - New
Reqeust
FYE 2022-23
Projected
Revenues
Property Taxes 2,261,643 165,368 2,427,011
Sales Taxes 1,466,973 48,006 1,514,979
Transient Occupany Tax 9,600,000 1,400,000 11,000,000
Vehicle In-Lieu Fees 941,887 45,381 987,268
Other Taxes 211,722 62,000 273,722
Building Permits/Fees 120,000 32,000 152,000
Reimbursement for Fire Services 420,000 420,000
Planning Services Fees 50,000 10,000 60,000
Recreation Fees 22,500 22,500
Other Revenues 865,088 865,088
Transfers In 1,367,109 1,367,109
Total Revenues 17,326,922 1,762,755 19,089,677
Expenditures
City Council 500,070 - 500,070
General Support Services 1,101,042 276,830 1,377,872
City Attorney 270,000 155,000 425,000
Community Development/Planning 1,393,720 17,328 1,411,048 Police Services 3,848,002 110,195 3,958,197
Fire Services 2,588,851 88,630 2,677,481
Public Works 2,551,449 66,677 2,618,126
Parks and Recreation 1,126,272 47,122 1,173,394
Risk Management 1,164,889 1,397 1,166,286
Contracted Services 240,906 11 240,917
Non-Departmental 212,612 - 212,612
Transfers Out 2,327,074 - 2,327,074
Total Expenditures 17,324,887 763,191 18,088,078
Operating Surplus/(Deficit) 2,035 999,564 1,001,599
Capital Improvement Program 2,957,846 7,500 2,965,346
Net Operating Surplus/(Deficit) (2,955,811) 992,064 (1,963,747) GENERAL FUND - FISCAL YEAR 2023
Attachment 2 Item #7.8.

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Table 1: General Fund Revenues
Budget FYE
2022-23
FY 2022-23
Supplemental
Requests
FYE 2022-23
Projected
Revenues
Property Taxes 2,261,643 187,368 2,449,011
Sales Taxes 1,466,973 48,006 1,514,979
Transient Occupany Tax 9,600,000 1,400,000 11,000,000
Vehicle In-Lieu Fees 941,887 45,381 987,268
Other Taxes 211,722 62,000 273,722
Building Permits/Fees 120,000 32,000 152,000
Reimbursement for Fire Service 420,000 420,000
Planning Services Fees 50,000 10,000 60,000
Recreation Fees 22,500 22,500
Other Revenues 865,088 865,088
Transfers In 1,367,109 1,367,109
Total Revenues 17,326,922 1,784,755 19,111,677
Attachment 3
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Table 2: General Fund Expenditures
Budget FYE
2022-23
FY 2022-23
Supplemental
Requests
FYE 2022-23
Projected
Expenditures
City Council 500,070 - 500,070
General Support Services 1,101,042 276,830 1,377,872
City Attorney 270,000 155,000 425,000
Community Development/Plann 1,393,720 17,328 1,411,048
Police Services 3,848,002 110,195 3,958,197
Fire Services 2,588,851 88,630 2,677,481
Public Works 2,551,449 66,677 2,618,126
Parks and Recreation 1,126,272 47,122 1,173,394
Risk Management 1,164,889 1,397 1,166,286
Contracted Services 240,906 11 240,917
Non-Departmental 212,612 - 212,612
Transfers Out 2,327,074 - 2,327,074
Total Expenditures 17,324,887 763,191 18,088,078
Capital Improvement Program 2,957,846 7,500 2,965,346
Total Expenditures 20,282,733 763,191 21,053,424
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Table 3: Water Operating Fund Analysis
Budget FYE
2022-23
FY 2022/23
Supplemental
Requests
FYE 2022-23
Proposed New
Budget
Revenues
Water Service Charges 4,059,052 4,059,052
Transfers In 45,000 45,000
Total Revenues 4,104,052 - 4,104,052
Expenditures
Water Distribution 1,196,462 52,684 1,249,146
Water Treatment 3,156,244 3,156,244
Water Conservation 79,270 83,608 162,878
Less: Depreciation Expense (640,000) (640,000)
Debt Service 304,481 304,481
Transfers Out 315,093 315,093
TOTAL 4,411,550 136,292 4,547,842
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Table 4: Sewer Operating Fund
Budget FYE
2023
FY 2022/23
Supplemental
Requests
FYE 2022-23
Proposed New
Budget
Revenues
Sewer Service Charges 3,770,802 3,770,802
Transfers In -
Total Revenues 3,770,802 - 3,770,802
Expenditures
Sewer Collection 1,129,386 1,129,386
Sewer Treatment 2,732,856 54,929 2,787,785
Less: Depreciation Expense (1,015,000) (1,015,000)
Sewer Debt Service 802,621 802,621
Transfers Out 500,000 500,000
TOTAL 4,149,863 54,929 4,204,792
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Table 5: Equipment Replacement Fund
Budget FYE
2022-23
FY 2022-23
Supplementa
l Requests
FYE 2022-23
Proposed New
Budget
Revenues
Other Revenues 561,700 561,700
Transfers In 908,839 908,839
Total Revenues 1,470,539 - 1,470,539
Expenditures
Equipment Replacement 609,339 61,300 670,639
Computer System 486,875 486,875
Less: Depreciation Expense (160,000) (160,000)
Transfers Out 0
TOTAL 936,214 61,300 997,514
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Table 6: ARPA Fund Analysis
Description
Approved
Expenditure
Plan
Actual
Expenditures
To Date
Remaining
Budget
FY 2022/23
Supplement
al Requests
New/Remainin
g Budget
Appropriations
A B C=A=B D E=C+D
Revenues
July 21: ARPA Funds 627,597 627,597
July 22: ARPA Funds 627,597 627,597
Total Revenues 1,255,194 0 1,255,194
Expenditures A B C=A=B D E=C+D
Wastewater Treatment Plant
Equalization Basin Liner 700,000 700,000 700,000
Recreation Department Office 240,000 252,534 (12,534) 37,534 25,000 Community Center Audiovisual System 62,000 82,953 (20,953) 20,953 - Organizational Assessments
and Information Technology
Strategy 75,000 31,150 43,850 43,850
Downtown Parking Strategy 50,000 50,000 50,000
Economic/Business
Diversification Grant 25,000 25,000
0 TOTAL 1,127,000 366,637 760,363 83,487 843,850
Savings
Net Unallocation: ARPA Funds $ 44,707
Item #7.8.

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Item #7.8.

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2 Fiscal Year 2022-23 Mid-Year
Budget Update
City Council
March 21, 2023
Item #7.8.

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3 General Fund Revenues FY 2022-23
FYE 2022-23
Approved
Budget
FY 2022-23
Supplemental
Requests
FYE 2022-23
Projected
Revenues
Property Taxes 2,261,643 187,368 2,449,011
Sales Taxes 1,466,973 48,006 1,514,979
Transient Occupany Tax 9,600,000 1,400,000 11,000,000
Vehicle In-Lieu Fees 941,887 45,381 987,268
Other Taxes 211,722 62,000 273,722
Building Permits/Fees 120,000 32,000 152,000
Reimbursement for Fire Services 420,000 420,000
Planning Services Fees 50,000 10,000 60,000
Recreation Fees 22,500 22,500
Other Revenues 865,088 865,088
Transfers In 1,367,109 1,367,109
Total Revenues 17,326,922 1,784,755 19,111,677
Expenditures
City Council 500,070 - 500,070
General Support Services 1,101,042 276,830 1,377,872
City Attorney 270,000 155,000 425,000
Community Development/Planning 1,393,720 17,328 1,411,048 Police Services 3,848,002 110,195 3,958,197
Fire Services 2,588,851 88,630 2,677,481
Public Works 2,551,449 66,677 2,618,126
Parks and Recreation 1,126,272 47,122 1,173,394
Risk Management 1,164,889 1,397 1,166,286
Contracted Services 240,906 11 240,917
Non-Departmental 212,612 - 212,612
Transfers Out 2,327,074 - 2,327,074
Total Expenditures 17,324,887 763,191 18,088,078
Operating Surplus/(Deficit) 2,035 1,021,564 1,023,599
Capital Improvement Program 2,957,846 7,500 2,965,346
Net Operating Surplus/(Deficit) (2,955,811) 1,014,064 (1,941,747) GENERAL FUND - FISCAL YEAR 2023
Item #7.8.

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4 General Fund Revenue Analysis
FY 2022-23
Table 1: General Fund Revenues
Budget FYE 2022-23
FY 2022-23
Supplemental
Requests FYE 2022-23 Projected
Revenues
Property Taxes 2,261,643 187,368 2,449,011
Sales Taxes 1,466,973 48,006 1,514,979
Transient Occupancy Tax 9,600,000 1,400,000 11,000,000
Vehicle In-Lieu Fees 941,887 45,381 987,268
Other Taxes 211,722 62,000 273,722
Building Permits/Fees 120,000 32,000 152,000
Reimbursement for Fire Services 420,000 420,000
Planning Services Fees 50,000 10,000 60,000
Recreation Fees 22,500 22,500
Other Revenues 865,088 865,088
Transfers In 1,367,109 1,367,109
Total Revenues 17,326,922 1,784,755 19,111,677
Item #7.8.

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5 General Fund Expenditure Analysis
FY 2022-23
Table 2: General Fund Expenditures
Budget FYE 2022-23
FY 2022-23
Supplemental
Requests FYE 2022-23 Projected
Expenditures
City Council 500,070 - 500,070
General Support Services 1,101,042 276,830 1,377,872
City Attorney 270,000 155,000 425,000
Community Development/Planning 1,393,720 17,328 1,411,048 Police Services 3,848,002 110,195 3,958,197
Fire Services 2,588,851 88,630 2,677,481
Public Works 2,551,449 66,677 2,618,126
Parks and Recreation 1,126,272 47,122 1,173,394
Risk Management 1,164,889 1,397 1,166,286
Contracted Services 240,906 11 240,917
Non-Departmental 212,612 - 212,612
Transfers Out 2,327,074 - 2,327,074
Total Expenditures 17,324,887 763,191 18,088,078
Capital Improvement Program 2,957,846 7,500 2,965,346
Total Expenditures 20,282,733 763,191 21,053,424
Item #7.8.

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6 Water Operating Fund Analysis
FY 2022-23
Table 3: Water Operating Fund Analysis
Budget FYE 2022-23
FY 2022/23
Supplemental
Requests
FYE 2022-23 Proposed
New Budget
Revenues
Water Service Charges 4,059,052 4,059,052
Transfers In 45,000 45,000
Total Revenues 4,104,052 - 4,104,052
Expenditures
Water Distribution 1,196,462 52,684 1,249,146
Water Treatment 3,156,244 3,156,244
Water Conservation 79,270 83,608 162,878
Less: Depreciation Expense (640,000) (640,000)
Debt Service 304,481 304,481
Transfers Out 315,093 315,093
TOTAL 4,411,550 136,292 4,547,842
Item #7.8.

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7 Sewer Operating Fund Analysis
FY 2022-23
Table 4: Sewer Operating Fund
Budget FYE 2023
FY 2022/23
Supplemental
Requests
FYE 2022-23 Proposed
New Budget
Revenues
Sewer Service Charges 3,770,802 3,770,802
Transfers In -
Total Revenues 3,770,802 - 3,770,802
Expenditures
Sewer Collection 1,129,386 1,129,386
Sewer Treatment 2,732,856 54,929 2,787,785
Less: Depreciation Expense (1,015,000) (1,015,000)
Sewer Debt Service 802,621 802,621
Transfers Out 500,000 500,000
TOTAL 4,149,863 54,929 4,204,792
Item #7.8.

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8 Equipment Replacement Fund Analysis
FY 2022-23
Table 5: Equipment Replacement Fund
Budget FYE 2022-23
FY 2022-23
Supplemental
Requests
FYE 2022-23
Proposed New Budget
Revenues
Other Revenues 561,700 561,700
Transfers In 908,839 908,839
Total Revenues 1,470,539 - 1,470,539
Expenditures
Equipment Replacement 609,339 61,300 670,639
Computer System 486,875 486,875
Less: Depreciation Expense (160,000) (160,000)
Transfers Out 0
TOTAL 936,214 61,300 997,514
Item #7.8.

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9 American Rescue Plan Act- Fund Analysis
FY 2022-23
Table 6: ARPA Fund Analysis
Description
Approved
Expenditure Plan
Actual Expenditures
To Date Remaining Budget
FY 2022/23
Supplemental
Requests
New/Remaining
Budget
Appropriations
A B C=A=B D E=C+D
Revenues
July 21: ARPA Funds 627,597 627,597
July 22: ARPA Funds 627,597 627,597
Total Revenues 1,255,194 0 1,255,194
Expenditures A B C=A=B D E=C+D
Wastewater Treatment Plant Equalization
Basin Liner 700,000 700,000 700,000
Recreation Department Office 240,000 252,534 (12,534) 37,534 25,000 Community Center Audio-visual System 62,000 82,953 (20,953) 20,953 - Organizational Assessments and
Information Technology Strategy 75,000 31,150 43,850 43,850 Downtown Parking Strategy 50,000 50,000 50,000
Economic/Business Diversification Grant 25,000 25,000
0 TOTAL 1,127,000 366,637 760,363 83,487 843,850
Net Allocation:

ARPA Funds $ 44,707
Item #7.8.

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10 Recommended Action
The City Council:

1. Receives the Interim Finance Director’s report on the mid-year budget for the Fiscal Year 2022-2023; and

2. Approves Resolution 2023-XX amendments to the budget for the Fiscal Year 2022-23 included as Attachment 1. Item #7.8.

Page 142 of 173 ends

11 Thank you
Item #7.8.

Page 143 of 173 ends

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Katie Lichtig,
Meeting: City Council - Mar 21 2023
Subject: Calistoga Hills Water Services Agreement
DESCRIPTION:

Authorize the City Manager to execute a Water Services Agreement with Calistoga Hills Resorts, LLC.

RECOMMENDATION:

Authorize the City Manager to execute the Water Services Agreement which will formalize aspects of the Development Agreement currently in place with Calistoga Hills Inc. related to water and wastewater provisions as well as other terms and conditions related to the Development Agreement.

BACKGROUND/SUMMARY:

Enchanted Resorts, Inc., as predecessor in interest to Calistoga Hills Resorts, LLC (Calistoga Hills) and the City entered into a Development Agreement (DA) on March 29, 2013 . The DA encompassed approximately eighty-eight (88) acres within the City, located west of Foothill Boulevard (SR-29/128).

Approvals granted by the City, including the DA, authorize the Developer to develop on the Property a boutique hotel consisting of up to 110 keys, up to 20 residence club homes, up to 13 custom homes, and other public amenities and infrastructure, including on-site improvements and the Off-Site Improvements.

The effective date of the DA was March 29, 2013 (Section 2.01) and the Initial Term was five (5) years from the DA Effective Date, to and including March 29, 2018 (Section 2.03). Pursuant to Section 2.04 of the DA, Developer requested and obtained from the City, five one-year extensions of the Term of the Development Agreement, resulting in a total Term of ten (10) years expiring on March 29, 2023.

The extension of the DA extends all of the “Existing Project Approvals” as defined in Recital G of the DA.

Article 4 of the DA addresses the Allocation of Water and Wastewater Services; Will-Serve Obligations, Domestic and Emergency Potable Water Fees and Allocations; Water, Wastewater and Greywater Facilities and Infrastructure, including, without limitation, tanks, pumps and meters.

More specifically, Section 4.05 of the DA authorizes the Calistoga Hills and the City of Calistoga to work together to prepare and execute a separate agreement ensuring each Party’s ability to exercise its respective rights and perform its obligations under Article 4 of the Development Agreement. As part of this process, Calistoga Hills and the City have determined that it would be mutually beneficial to prepare and execute this Agreement pursuant to Section 4.05 of the Development Agreement, recognizing the payment of fees by the Developer, the water and wastewater allocations available to the Developer, and the vesting of Developer’s rights, thereby clarifying their respective rights and Item #7.9.

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obligations as intended under Article 4 of the Development Agreement. One aspect, the reservation of 20-acre feet of future water allocation (water reservation), has been activated by a prior payment of $913,060. As a result of these discussions, the City and Calistoga Hills have been negotiating a Water Services Agreement (Agreement)
The Water Services Agreement will formalize aspects of the Development Agreement currently in place with Calistoga Hills Inc. related to water and wastewater provisions as well as other terms and conditions related to the Development Agreement.

ANALYSIS:

Consistent with provisions in the DA, the Agreement is currently being actively negotiated between Calistoga Hills and the City. As such, the specific terms and conditions are not finalized. As soon as the Agreement is ready consideration it will be issued to the City Council and the community.

CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:

This recommendation is consistent with the goals of "maintain and enhance the economic vitality of the community and the financial stability of the City." CEQA STATUS:

No CEQA analysis is required for this action. CEQA was previously conducted as part of project consideration.

FINANCIAL IMPACT:

The financial impacts of the final draft Agreement will be provided when the Agreement is finalized.

APPROVAL(S):

Nitish Sharma Approved - Mar 14 2023
Laura Snideman, City Manager Approved - Mar 14 2023
Marni Rittburg, City Clerk Approved - Mar 14 2023
Item #7.9.

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City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Laura Snideman, City Manager
Meeting: City Council - Mar 21 2023
Subject: Calistoga Fairgrounds and Measure E Results
DESCRIPTION:

Calistoga Fairgrounds and Measure E Results
RECOMMENDATION:

Certify Measure E election results and provide direction to staff on next steps BACKGROUND/SUMMARY:

Certified Measure E election results were provided by Napa County Registrar of Voters John Tuteur today, March 21, 2023, and are ready to be adopted by the City Council. In addition, the City Council may wish to discuss and provide direction to staff on the next steps related to the Fairgrounds.

CEQA STATUS:

N/A
ATTACHMENT(S):

Reso Declaring Measure E Special Election Results
Exhibit A - CANVASS CERTIFICATE 3.7.23
APPROVAL(S):

Nitish Sharma Approved - Mar 14 2023
Marni Rittburg, City Clerk Approved - Mar 14 2023
Item #9.1.

Page 146 of 173 ends

RESOLUTION NO. 2023-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA DECLARING RESULTS OF SPECIAL ELECTION HELD ON MARCH 7, 2023, FOR THE CITY OF CALISTOGA COMMUNITY FACILITIES DISTRICT NO. 2022-1 (FAIRGROUNDS ACQUISITION AND MAINTENANCE) AND SUCH OTHER

MATTERS AS PROVIDED BY LAW
WHEREAS, on December 6, 2022, pursuant to the Mello-Roos Community Facilities Act of 1982, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the “Act”), the City Council (the “Council”) of the City of Calistoga (the “City”) adopted Resolution No. 2022-096 (the “Resolution of Formation”), ordering the formation of the City of Calistoga Community Facilities District No. 2022-1 (Fairgrounds Acquisition and Maintenance) (the “CFD”), authorizing the levy of a special tax on property within the CFD and preliminarily establishing an appropriations limit for the CFD, subject to 2/3 affirmative voter approval; and
WHEREAS, a Special Election was held and conducted in the City of Calistoga, California, on Tuesday, March 7, 2023, as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and WHEREAS, pursuant to the Act, the propositions of the levy of the special tax within the CFD, the establishment of the appropriations limit for the CFD and the incurring of the bonded indebtedness for the CFD were submitted to the qualified electors of the CFD on March 7, 2023, as “Measure E”; and WHEREAS, the County Election Department canvassed the returns of the election and has certified the results to the City Council, the results are received, attached and made a part hereof as “Exhibit A”.

WHEREAS, the results of the election have been certified to the City by the County.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALISTOGA,

CALIFORNIA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. Results of Election. The results of the election held in the City on March 7, 2023 and known as “Measure E” that were provided to the City by the County Item #9.1.

Page 147 of 173 ends

2 are on file with the City Clerk and are hereby approved as listed in Exhibit A. That as a result of the election, the voters voting on the measure relating to the City of Calistoga Fairgrounds Special Tax Election did not vote in favor of Measure E, and that the measure was not successful, and shall not be deemed adopted and ratified.

Section 2. Abandonment of Further Proceedings for CFD. Given the unsuccessful election results, the CFD proceedings are hereby abandoned and terminated, and no further proceedings in connection with the CFD will be taken.

Section 3. CFD Map; Further Recording. The boundaries of the CFD are as set forth in the map of the CFD heretofore recorded in the Napa County Recorder’s Office on November 4, 2022, in Book 3 at Page 51 of Maps of Assessment and Community Facilities Districts, as Document No. 2022-0020119. The Council directs the City Clerk to certify the adoption of this resolution and cause it to be filed in the Office of the Napa County Recorder’s Office within 15 days of the date of adoption of this resolution, which certification shall include a reference to the date of this Resolution of abandonment, the date of the original Resolution of intention, and the date the map of the CFD was filed with the county recorder, all in accordance with Section 3117 of the California Streets and Highways Code.

Section 4. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
______________________________ ______________________________ Marni Rittburg, City Clerk Donald Williams, Mayor
Item #9.1.

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Exhibit A Item #9.1.

Page 149 of 173 ends

Measure E
Precinct
Registered VotersTotal Ballots CastTurnoutTotal VotesYesNo 3830770 1,007 506 50.25% 506 216 290
3830771 421 218 51.78% 218 51 167
3830772 468 243 51.92% 243 65 178
3830773 399 163 40.85% 163 63 100
3830774 408 225 55.15% 225 64 161
Countywide Total 2,703 1,355 50.13% 1,355 459 896
4th Congressional District 2,703 1,355 50.13% 1,355 459 896 4th Assembly District 2,703 1,355 50.13% 1,355 459 896
3rd Senate District 2,703 1,355 50.13% 1,355 459 896
2nd Dist, Board of Equalization 2,703 1,355 50.13% 1,355 459 896 3rd Supervisor District 2,703 1,355 50.13% 1,355 459 896 City of Calistoga 2,703 1,355 50.13% 1,355 459 896
Statement of Vote
City of Calistoga Fairgrounds Special Tax Election
March 7, 2023
Item #9.1.

Page 150 of 173 ends

Marni Rittburg
From:

Sent:

To:

Cc:

Subject:

Norine Moses
Thursday, March 9, 2023 3:20 PM
[email protected]
Public Comment; Donna Higgins; Sonya Spencer; Linda Williamson; Diane; Linda Shaw; Marlys Gilmore; Sally Houk; Sherryl Schuh
Calistoga Fairgrounds
CAUTIO~: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Anne:

Now that "the vo~ers have spoken" I would like to suggest you adopt the suggestion of Diane Dillon that the County sell the Fairgrounds to Calistoga for $1.

I believe that is a legitimate position for three reasons:

The original transfer to the County was a gift from the City of Calistoga; It was during the tenure of the County that the entire facility was (apparently willfully) left to deteriorate to the present condition of unuseability;
If this vital acreage is lost it will be a loss for many more than just us in the City of Calistoga.

I do hope your new job is all you hoped it would be and more.

Best wishes, Norine Moses
Item #9.1.

Page 151 of 173 ends

Marni Rittburg
From:

Sent:

To:

Subject:

Carol Axberg -
Saturday, Mar~
Public Comment

FAIR GROUNDS
cA4r1eN: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the cont ent is safe.

DEAR FOLKS,
STOP ... PLEASE CONSIDER THE CURRENT STATE OF INFLATION, OUR CURRENT TAX

STRUCTURE, THE MERE FACT THAT NO ONE HAS MORE MONEY THIS YEAR THAN WE DID LAST YEAR.

MORE AND MORE OF US ARE NOW ACCEPTING FOOD HAND OUTS ON A REGULAR BASIS . YES, THE MAJORITY OF CALISTOGANS ARE IN A SEVERE FINANCIAL PINCH.

THE THOUGHT OF OUR CITY BRINGING ONE MORE TAX DEBT ONTO US, SIMPLY PUT, WE JUST CAN'T DO IT. EVERY TAX DOLLAR YOU ADD TO OUR BURDEN TODAY, IS AND HAS

TO BE PASSED ON TO ALL OF US, NO ONE CAN JUST ACCEPT THE DEBT WITHOUT HAVING TO PASS IT ON TO THE PEOPLE IN ONE FORM OR ANOTHER .....

YES, WHAT A WONDERFUL DREAM YOU ALL HAVE , SORRY BUT IT BECOMES AN UGLY "NIGHTMARE" TO MOST OF US ..... WAIT, DON'T DO IT NOW . NO ONE, SAVE FOR A FEW GOOD FOLKS OUT THERE WHO ALREADY HAVE "MORE THAN ENOUGH" CAN AFFORD IT.

LET THE COUNTY TAKE CARE OF ITS PROBLEM, DON'T PUT IT ON OUR SHOULDERS . . .. MAYBE THEY COULD BE THE "GOOD PARENT" AND SIMPLY GIVE THE PROPERTY TO OUR CARE, ACTUALLY THATS NOT A GOOD IDEA EITHER. WITH THAT COMES HUGE RESPONSIBILITY : MAINTENANCE, SALARIES, TAXES ETC.

NO , PLEASE LET THEM KEEP THEIR HEADACHES ...

I HAVE LIVED HERE FOR 23 YEARS, I HAVE YET TO SEE "GOOD THINGS" FROM THE FAIR GROUNDS. I TRULY DON'T EXPECT TO SEE ANY IN THE FUTURE EITHER.

RESPECTFULLY YOURS,
BRUCE E. AXBERG
CAROL A. AXBERG RANCHO DE CALISTOGA RESIDENTS
1 Item #9.1.

Page 152 of 173 ends

Marni Rittburg
From:

Sent:

Cc:

Subject:

Rebekah Wiley
Saturday, March 11, 2023 4:05 PM
Public Comment
Fairgrounds
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.

Hi, I voted yes on measure e because I want the fairgrounds space to be an open space/event space for the community. I think there is so much potential.

Seems like there could be concerts, event space for rent (I remember residents renting it out for ~uincineras, dances, and other events when I was younger) , fairs/festivals, etc. I live a few blocks from the fairgrounds and I don't mind the sound of sprint cars a few times a year. My husband and son loved the golf course and want to see that come back. Seems to me with a good manager the space can make money and events could bring tourists helping the hotels and restaurants and stores in town. I realty hope we can find a way to have the fairgrounds be a space for the community. Best, Rebekah Reynolds Wiley ~ Sent from my iPhone
1 Item #9.1.

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Marni Rittburg
From:

Sent
To:

Saturday, March 11, 2023 5:06 PM
Public Comment; [email protected]
Subject: a citizen suggestion for Napa County Fairgrounds in Calistoga 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,
I would like to offer a suggestion for use of a % of the fairgrounds in Calistoga be used to honor indigenous heritage of the Napa Valley.

A project is underway in Sacramento to honor all northern California native communities. Here is a link to the 51 acre designated Indian Heritage Center. https://www.parks.ca.gov/?page_id=22628 Please consider an aspect of Calistoga's fairgrounds to begin a consciousness of inclusion. Another link to related concepts https://www.cihcfoundation.org Thank you,
Trudi Angell - native Calistogan (b.1955), Sharpsteen museum volunteer, old California history aficionado.

Trudi Angell -Producer/ Co-Director of La Recua
LaRecua.com @larecuamovie Trailer
all rights reserved·use with permission•copyright 2021
SaddlingSouth.com Reservation Form - Mule Pack Trips in Baja! Cell Mexico 613 100-8438 (dial 011 52 as prefix if using a US cell or land line to dial the Mexican eel)
1 Item #9.1.

Page 154 of 173 ends

Marni Rittburg
From:

Sent:

To:

Subject
Lindamarin
Sunday, March 12, 2023 1:31 PM
Public Comment
Fairgrounds
CAUTION: This email originated from outside of the organization. Do not clic~ lin~s or open attachments unless you recognize the sender and ~now the content is safe.

We were among those that opposed the current plan for the fairgrounds that had residents assuming 100% of the financial obligation. We are also among the many who definitely want the fairgrounds to be part of our community.

My question is « Are the wineries a possible revenue source? Why not offer either the Tubbs or Butler building as a WINE Pavilion in ex.change for financial investment?
It could be a collective with many options related to wine.

Just a thought in !oo~ing at ways to have a broader support base.

Ed & Linda Marin
Sent from my iPad
Item #9.1.

Page 155 of 173 ends

Marni Rittburg
From:

Sent:

To:

Subject:
gerry turgeon
Sunday, March 12, 2023 2:40 PM
Public Comment
next steps to own fairgrounds
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Mayor Williams and dedicated Council members Cooper, Eisenberg, Gift, & Lopez-Ortega, I'm writing to express my ongoing concern and comment about purchasing the fairgrounds in light of the outcome of Measure E. I still feel strongly that we must own the fairgrounds in order to protect its best purpose & sustain the full property for the public's benefit. Please make immediate efforts to expedite an open, and continuing dialog with the Napa County BOS to keep negotiations alive, transparent, & inclusive. I urge you to salvage the best aspects of the previous sessions and combine them with ideas shared by other concerned and motivated citizens that are supportive of these efforts. I have been assured that the opponents of Measure E will actively support what they feel is a more equitable means of purchasing the fairgrounds. Please hold them to it and once again, explore all options that will ultimately lead to a successful acquisition.

Thank You & Best Regards,
Imagine Rotary
Gerry Turgeon,
1 Item #9.1.

Page 156 of 173 ends

Marni Rittburg
From:

Sent:

To:

Subject:

Shane Pavitt
Tuesday, March 14, 2023 10:54 PM
Public Comment
Fairgrounds
Additional Writi;igs
Meeting of fj J).?-3 ltem No. •
Distributed f-' • 2o fe:sfi
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize t he sender and know t be content is safe.

Dear City of Calistoga.

The town of Calistoga has voted No on Measure E, but not because of apathy or desire. This community recognizes the fairgrounds as the historic landmark that has served the upper valley for many decades. They recognize that the over half century of voluntary work and materials that the citizens of Calistoga have donated to building and maintaining the fairgrounds were completely discarded. The town voted No because of the unfair negotiating practice by the then acting CEO of the fairgrounds. They voted No because of the extortionary price put on the backs of the people of Calistoga.

The fairgounds in Calistoga is zoned as a Public Open Space. However, the purchase price was seemingly negotiated as if it were a commercial property and therefore negotiated in bad faith. I would ~ke to see the County come back to the table in good faith and negotiate with the City of Cal!stoga as the Public Open Space land that it is.

Public Open Space is transacting at roughly $50k per acre. That should be the baseline for land that was originally donated by a citizen of Calistoga and never intended to be sold back to It's community at a profit. \/Vhile ii is Inevitable that tile County will indeed profit from this transaelion, a less onerous price shoUld be the result. The value of the property as a developable land should not weigh in to the negotiation but should remain solely on it's rurrent zoning law valuation. On this matter the town is resolute, this land wil remain Public Open Space and it votes YES on owning the fairgrounds at a fair and reasonable price.

Shane Pavitt
«P

PH IFE R PAVITT
1 Item #9.1.

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Marni Rittburg
From:

Sent:

To:

Sarah Gansa
Monday, March 20, 2023 4:59 PM
Public Comment
~-dditional Writings ,, ~
Meeting of~ 2.r • "-:.1
Item No. ,!I.

DiS1ributcd s '3 ,2,1, '23
por.te.cl
Subject: 3/21/23 City Council Mtg: Support Calistoga Buying the Fairgrounds CAUTION~ This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Mayor and Council Members,
This email is sent to express my continued support for Calistoga's purchase of the Fairgrounds, now that Measure E failed in the special election held on March 7.

The 70+/- acres Fairgrounds property in Calistoga is woven into the historical fabric and traditions of Calistoga. It has been a vibrant and cherished part of Calistoga, hosting our county Fair, rodeos, car races, riding exhibitions, high school Wildcat football games, family and club gatherings, Holiday Faire and Bazaar, concerts, golf, and so many more vibrant activities.

These activities have made Calistoga a beloved destination for decades, benefiting our local business community, impressing themselves on Calistoga's culture, and helping to create the town's relaxing, fun, and funky atmosphere -- Calistoga, not corporate!
Let's keep it that way by buying the Fairgrounds with a loan secured by City assets, including TOT and eventual Fairgrounds revenues generated by reviving the Fairgrounds' basic amenities.

Secure the f unding and buy the Fairgrounds under the current purchase contract for $15.9 million (financing contingency must be waived on June 30th and the closing date can be extended out to 2026, if needed), while modifying the Fairgrounds purchase contract to include a ground lease of the Fairgrounds to the City as buyer during the escrow period to get the Fairgrounds up an running prior to the closing date (which could be in 2026). The loan could be secured in part by this ground lease until the closing (and transfer of title) actually occurs.

Hopefully the County will be willing to ground lease the Fairgrounds to the city during this period for a fairly nominal rent, since it would be difficult for the county to do anything with the property during the escrow period (potentially out to 2026) ...

This could be the best option without having to totally go back to the drawing board, wasting more time and money, and risking not being able to substantially renegotiate the purchase with the County.

Of course, if you think you CAN get a better deal from the County without putting the City's securing of the Fairgrounds in jeopardy (or paying more for it over time in rents, legal fees, etc), then please go for it! Item #9.1.

Page 158 of 173 ends

Best,
Sarah Gansa
Calistoga
2 Item #9.1.

Page 159 of 173 ends

Marni Rittbur
From:

Sent:

To:

Subject
larry kromann
Tuesday, March 21, 2023 3:30 PM
Public Comment
Fairgrounds purchase and operations
Additional Writings
Meeting of-~~!,,W!:~
Item No. Distributed
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.

Mr. Mayor and City Council Members,
The concept of purchasing the Fairgrounds appears to be winning idea for our community. In view of the recent fairgrounds vote Calistoga Affordable Housing and the Springs HOA wishes to encourage City leadership to continue discussions with County leadership in order to find a more realistic sale price as well as a better method for financing such a venture.

As this new process begins, I would also like to suggest that the Council enlarge the size of its "think tank" to include more community business leaders who have expertise and experience with handling large real estate ventures especially those involving governmental agencies. Hoping that this group can also investigate planned usage of fairgrounds as well community needs that the fairgrounds can help resolve. Another planning need is for a quality needs assessment process including scientific surveys. What does the community need and what will they support? Of course, the subject of what type of, and how many housing units are needed(size, bdrooms, etc), and the reliability and rising costs of utilities should be included in this research approach.

Our community needs and deserves to have a vibrant vision for our future, and this is a golden opportunity for the Council to begin the process of a collective working community based upon the needs of our families and businesses.

Larry Kromann,
CAH and Calistoga Springs HOA
1 Item #9.1.

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City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Rachel Melick, Parks & Recreation Director
Meeting: City Council - Mar 21 2023
Subject: Request from the Calistoga Art Center to install a Covid-19 Memorial Tile Project with assistance from city staff
DESCRIPTION:

Consider the Calistoga Art Center's request to create a Covid-19 Memorial tile project on city property, designate a city staff person to act as a liaison to assist in all aspects of the project, and maintain the memorial in perpetuity.

RECOMMENDATION:

Provide direction to staff on next steps in response to the proposal from the Calistoga Art Center.

BACKGROUND/SUMMARY:

The Calistoga Art Center has prepared a proposal for the installation of a covid-19 memorial on city property, part of the proposal contains a request for a staff person to be designated as a liaison to bring the idea from concept to completion.

ANALYSIS:

The Calistoga Art Center has put together a proposal to install a tile project commemorating community member's experience with the Covid-19 pandemic. The project would be a collection of community created tiles installed in a mosaic form on city owned property.

Questions and concepts including around public process and financial impacts that may need additional analysis include:
• What process does the city council wish to have regarding public art? The City has not sought broad public input on the concept or on the location for this specific piece. • Approving the project may create an expectation for more projects of this nature to be approved without any substantial public input process, such as one identified by a public art policy. • The nature of the project and the artistry involved and if it fits with the aesthetic landscape of Calistoga.
• Project is not included in any department or staff's workplan nor has it been discussed as a council priority. Where/how does this fit in and would there be impacts on other priority projects?
• This project has not been included in any budget process or discussions to date. Currently there is no city funding source identified for this project. • Long term maintenance cost and commitment associated with the project.

Item #9.2.

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• If approved, there could be additional unknown or unforeseen costs for implementation such as legal fees for environmental considerations, permit fees if other agencies are involved due to location, or other costs
Based on the proposal provided by the Calistoga Art Center the Council could consider the following options for moving forward. These options are not mutually exclusive and could be layered should the council so choose:
• Direct the city manager to provide all necessary staff to assist and implement the project exactly as proposed by the art center
• Provide direction to staff to research the cost and staff time necessary to move forward with the project and present that information to council
• Direct staff to identify a site for project installation and return to the city council with additional considerations related to a specific site
• Create a public art policy with a body that will make recommendations on projects; process the mosaic tile proposal through the process following council adoption of a policy. • Create a special committee without creating a policy that will evaluate and make recommendations on all public art projects
• Create a task force specific to the project to handle public engagement and recommendations on the project
• Direct staff to host a public forum to seek public comments about the project • Show support for the overall effort but do not approve the implementation of the project on city property
CEQA STATUS:

There are no CEQA considerations at this time.

FINANCIAL IMPACT:

At this time staff does not have enough information to assess the financial impact.

ATTACHMENT(S):

PROPOSAL_Covid-19 Commemorative Tile Project
Covid Tile Project-exec-summary to City Council
APPROVAL(S):

Nitish Sharma Approved - Mar 07 2023
Laura Snideman, City Manager Approved - Mar 13 2023
Marni Rittburg, City Clerk Approved - Mar 13 2023
Item #9.2.

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PROPOSAL
for a City Partnership
with the
Calistoga Art Center
to Produce
an Exterior Art Installa�on
Commemora�ng
Calistoga’s Covid-19 Experience
This ac�vity is supported in part by the
California Arts Council, a state agency. Learn
more at www.arts.ca.gov.

This organiza�on is funded, in part, by
the Napa County Board of Supervisors.

Item #9.2.

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To: Calistoga City Council, City of Calistoga (City)
From: Calistoga Art Center (CAC)
Re: Calistoga Covid-19 Commemora�ve Tile Project
Date: March 6, 2023
REQUEST: To receive interest, approval, and direc�on from the members of the Calistoga City Council for support and further development, installa�on, and maintenance of a Covid-19 Commemora�ve Tile Project in Calistoga.

HISTORY: A Calistoga eighth grader, Loma Henry, wrote an essay, ACCEPTANCE AND HOPE, a�er the first year of Covid-19 isola�on and home schooling. It was entered into the City’s Government Essay Contest; it was awarded First Prize. The CAC Board had an immediate, posi�ve response--to work to realize Loma’s vision. In February 2022, the City Council approved the project in principle a�er being sent a CAC proposal. No liaison was designated.

Loma’s idea was simple, provoca�ve, and powerful: she proposed a permanent art installa�on made up of �les, individually decorated, to help people express themselves about their grief and losses in quiet contempla�on.

WHAT CAC PROPOSES: To collaborate with the City to bring the Covid-19 Commemora�ve Tile Project to comple�on by having the City designate an individual/department as the City’s representa�ve. This person/department will be available to CAC on an on-going basis, to choose a City-owned site, determined by accessibility and City approval; to advise on City‘s and other en��es’ restric�ons; to reach out to other City departments for aid as needed; to iden�fy available City resources; to offer general support and direc�on during planning and installa�on and beyond.

Communica�on will be by mee�ngs (live or virtual), phone, or email throughout the development of the project, including loca�on, design, and other shared responsibili�es of the City and CAC.

CAC’S EFFORTS TO DATE:
• Identified a CAC team to pursue all aspects of the project. • Worked with ceramics teachers and qualified experts to identify correct tiles, glazes, kiln times, etc., suitable for a permanent exhibit. (Tiles have been delivered.) • Obtained grant money for the project from Napa County and the State of California, with $10,000 designated for installation.
• Scheduled and staffed 9 painting sessions so far, 4 of which are bilingual, open to all Calistogans, to express their emotions, be they fear, sorrow, or relief. • Produced, printed, and mailed more than 3,000 oversized postcards, giving scheduled dates for classes and a background on the project. (The card, mailed February 13, 2023, also includes other CAC concerns.)
MATERIALS: CAC has researched and purchased �les that have been tested and approved for long-term outdoor use. The same is true of glazes and compa�bility with CAC kiln.

Item #9.2.

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CAC would like to stress that as an art installation, as well as a place for community and individual contemplation and comfort after the worst of Covid-19, this is not one artist nor group of artists creating it. The whole community is invited to participate; this makes it our own.

FUTURE:
• Develop a working relationship with appointed person/department after Council approval.
• The City and CAC explore and designate appropriate site. City Manager directs appropriate city staff to assist with installation site selection and cost estimates.

Some suggestions: in the area of the new bridge; patio behind Sharpsteen with view of Napa River; Fireman’s Park on corner of Berry/Washington, Pioneer Park—all close to downtown. This is the first priority.
• Together, find solutions to all environmental issues, site restrictions, municipal ordinances, site-specific special concerns, and any other issues as they present themselves.
• Contract with the City to have the City maintain the tiles and installation site in perpetuity.
• Use project progress to extend State and County grants and secure new ones, if needed. • Mutually, make the community aware of the tile project and also extend this awareness County-wide, State-wide, and known throughout the nation by placing material in local, regional, and national newspapers and notify radio and television stations. • A solemn, simple, ribbon-cutting can be officiated at by a famous personality. This gives this project its place in the history of Calistoga and the country; it will bring many visitors to the City. Most important to our community, it will continue to honor and memorialize families affected by Covid-19; it will remind us of businesses that had to close and those that held on.

THE CITY AND CAC—TOGETHER-- can produce a meaningful place of reflec�on and healing. We all need ACCEPTANCE AND HOPE a�er these past few years.

Item #9.2.

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Glazed and fired sample tiles.

Unfired painted community produced tiles.

Covid-19 Tile Project
Commemorating Healing and Hope
Item #9.2.

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Item #9.2.

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Presentation From February 15, 2022
TO: Members, Calistoga City Council
FROM: Board of Directors, Calistoga Art Center
RE: Project Summary for Covid Memorial Project
From Loma Henry’s prize-winning essay, “…common sufferings are far stronger links than common joys.” (Alphonse de Lamartine.)
Background: As a community, Calistogans have sacrificed much during the past several years, working to keep the pandemic’s effects—death, illness, uncertainty about work and paychecks—from overwhelming our community.

Such life-altering events have been memorialized throughout history by poetry, statuary, music, and literature. These reflect the pain of the past and hope for the future. For Calistoga, a Covid Memorial (or Commemoration, for it’s not over) will be a public-art gathering space, contemplating loss and encouraging community. It will soon become familiar for those of us who live here, to be visited again and again; it will be a revelation to our visitors, something to discover and an enduring memory of Calistoga.

Last spring, a Calistoga Junior/Senior eighth grader, Loma Henry, wrote the prize-winning essay for Calistoga’s Government Essay Contest, about her feelings during that first year of isolation and at-home schooling.

Her vision is hope, not despair, looking to the future while honoring those lost and burdened by Covid. The Calistoga Art Center, partnering with the City, can honor this vision.

Ms. Henry’s idea is simple, provocative, and powerful: she proposes that an art installation be made up of decorated tiles to help us all express our grief and losses. She also referenced the Art Center as being one of the agents to transfer her insightful vision into a reality.

The Board of the Calistoga Art Center respectfully requests the Council accept this proposal in principle and take the necessary actions to move it forward.

Let us put our “common suffering” to rest.

An outline of the proposal to fulfill this vision follows. For questions and comments please contact Marcia Beauchamp 707-494-5845 [email protected] Item #9.2.

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City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Laura Snideman, City Manager
Meeting: City Council - Mar 21 2023
Subject: Business Economic Diversification Program Criteria DESCRIPTION:

Business Economic Diversification Program Criteria
RECOMMENDATION:

Consider modification of application criteria.

BACKGROUND/SUMMARY:

On April 5, 2022 the City Council established a Business Diversification Program charged with distributing funds to encourage a more diverse local economy. The Council allocated up to $25,000 to fund this Program.

The criteria for awarding grants are as follows:
a) the applicant must reside within the boundaries of the Calistoga school district; b) the applicant’s business must offer a product or service not otherwise readily available locally; c) the applicant must demonstrate need;
d) the applicant’s business must demonstrate promise of success.

No grants have been awarded to date. Upon review of the criteria, the Business Diversification Subcommittee (Mayor Williams and Councilmember Cooper) wishes the Council to consider omitting the first criterion. The Subcommittee sees that criterion as an unnecessary impediment to success of the program. No other changes are requested by the subcommittee.

CEQA STATUS:

N/A
FINANCIAL IMPACT:

The annual allocation was erroneously excluded from the approved budget for the Fiscal Year 2022-

23. Staff has requested a new funding allocation of $25,000 from the remaining American Rescue Plan Act (ARPA) funds in the mid-year budget update for the Fiscal Year 2022-23. The availability of funds in this program is contingent upon the approval of the line-item request in the mid-year budget update.

ATTACHMENT(S):

Econ Divers App Form
Item #9.3.

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Calistoga City CouncilMarch 21, 2023

Calistoga City Council
March 21, 2023