Cities Index.
Agenda, first session

Calistoga City Council
August 1, 2023

Document
Agenda, first session
Meeting
August 1, 2023
Body
Calistoga City Council
Pages
701
Original file
27.1 MB
Text extracted from the city's file for reading and search. Open the original on calistoga.civicweb.net. That file is the official record.

Nitish Sharma Approved - Jul 25 2023
Laura Snideman, City Manager Approved - Jul 25 2023
Yudiana Galvan, Interim City Clerk Approved - Jul 25 2023 Item #7.4.

Page 142 of 701 ends

RESOLUTION NO. 2023-0XX

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

STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN

AGREEMENT FOR CONSULTANT SERVICES WITH CALISTOGA TRIBUNE AND WITH

THE PRESS DEMOCRAT FOR PUBLICATION OF LEGAL ADVERTISEMENTS IN AN AMOUNT NOT TO EXCEED $15,000 FOR FISCAL YEAR 2023-24
WHEREAS, the City publishes legal advertisements in a newspaper of general circulation pursuant to Government Code § 6060 et al; and
WHEREAS, each year, in accordance with Public Contract Code §20169, cities that have more than one newspaper of general circulation must publish a notice inviting bids for the publication of legal advertisements; and
WHEREAS, the City currently has two adjudicated newspapers within the City: The Weekly Calistogan, published by the Napa Valley Publishing Company, and Calistoga Tribune; and WHEREAS, the City published a request for proposals for legal advertising to be submitted to the City Clerk by Monday, July 10, 2023.; and
WHEREAS, two proposals were received from the Calistoga Tribune and the Press Democrat and staff determined that the proposal is complete and responsive and recommends that the City Council accept both proposals from the Calistoga Tribune and The Press Democrat; and WHEREAS, the City Council reviewed the staff report and proposal and finds that the proposals are responsive and responsible; and
WHEREAS, the City desires to enter into an agreement with Calistoga Tribune and The Press Democrat for City-wide legal advertising.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY authorize the City Manager to execute an agreement substantially in accordance with the agreement for consultant for publication of legal advertisements with Calistoga Tribune and The Press Democrat in an amount not to exceed $15,000 for Fiscal Year 2023-24.

PASSED, APPROVED AND ADOPTED this 1st day of August 2023. I, YUDIANA GALVAN, INTERIM CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:
____________________________ _____________________________ Yudiana Galvan, Interim City Clerk Donald Williams, Mayor Item #7.4.

Page 143 of 701 ends

Calistoga
ribune
Dear City of Calistoga staff and City Council members:

Please accept this letter along with our response to your Request for Proposal for Legal Advertising for the 2023-24 Fiscal Year.

The Calistoga Tribune is owned and operated by Highway 29 Media Company, a public benefit corporation established in late 2022 to save the Tribune from closing down. The newspaper is produced in town and focuses on news, features and information of vital interest to Calistoga residents.

Highway 29 Media Co. is dedicated to the highest tenets of traditional community journalism, focusing on unbiased, accurate and professional reporting.

The Tribune has been working with the City since 2006, providing dependable publication of the city's legal advertising. We hope to have your support agann this year. As the only newspaper in town, coupled with the skilled production of our Legals Editor, Ellen Smith, we feel the Tribune is still the best choice for the City.

Thank you for your consideration,
Respectfully,
'St--¼i~ - Bruce Kyse
President/Publisher
Item #7.4.

Page 144 of 701 ends

INTRODUCTION

CITY OF CALISTOGA REQUEST

FOR PROPOSALS LEGAL

ADVERTISEMENTS FOR FISCAL
YEAR 2023~24
The City of Calistoga (City) is soliciting proposals for the provision of official advertising services pursuant to Section 6000, et seq. for the City for a 12-month period beginning July 1, 2023. Upon selection of the most qualified, cost effective and responsive adjudicated newspaper (Contractor), the City will execute a contract for services.

This Request for Proposal (RFP) describes the City's basic needs. You are encouraged to identify other services beyond these minimum required services which you can provide to address the City's needs and describe any progressive approaches that would reduce City costs and/or increase advertising efficiency and effectiveness.

DESIGNATION
During the period of this contract, the newspaper shall be known and designated as the "official newspaper of the City of Calistoga" as required by Government Code Section 6000, et seq.

SCOPE
The scope of services desired includes, at a minimum, the advertising by the City of Calistoga in accordance with State and local regulations: e.g., Sections 6000 through 6040 of the Government Code.

TYPE OF LEGAL ADVERTISING
Official legal notices for the City of Calistoga will consist of printing and publishing the following:
(1) Ordinances; (2) Public Hearing/Meeting notices; (3) Formal Bid notices; (4) Election notices.

COPIES OF ADVERTISEMENT
During the term of the contract two Affidavits of Publication to the City Clerk within one week of the last publication of the item.

PUBLISHING SCHEDULE
Advertisements and notices shall be placed in the body of the newspaper and shall be published for the number of days directed by the officer requiring such publication. Publishing of advertisements and other notices on a supplemental sheet to the newspaper will not be acceptable.

In the event that the newspaper that is awarded the advertising contract for the City of Calistoga is unable to publish on the date required by the City, the City may choose an alternative newspaper in order to meet publication deadline/requirements.

ACCURACY OF PUBLISHING
The Contractor shall submit a draft to be proofread by the respective City department. If errors are found after the sample proof has been checked, a revised corrected proof shall be submitted immediately to said department for approval prior to the publication of the printed advertisements or notices. All printing done hereunder that does not strictly comply with the copy or copies furnished shall be corrected and republished by and at the expense of the Contractor.

Item #7.4.

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City of Calistoga
RFP- Legal Advertisements For FY 2023-24

Page 2 of 8 ends

NON-COMPLIANCE
Contractor shall first proofread all printing done under this contract before submitting the same to the City for checking, and if upon checking by City errors are found, City may request a revised proof for approval before publication of the same by Contractor. In case it is necessary to republish due to the fault of the Contractor, no charge, or charges shall be made for the previous printing or publication, and should the same not be republished, no charge whatsoever shall be made to City thereof.

Contractor shall provide miscellaneous advertising requirements of the City. Contractor shall submit appropriate price list with the bid.

LEGAL NOTICE TYPE REQUIREMENTS
Unless otherwise directed by the City, all legal advertising shall be set at no larger than eight (8) point type.

Item #7.4.

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City of Calistoga
RFP - Legal Advertisements For FY 2023-24

Page 3 of 8 ends

GENERAL SPECIFICATIONS

PROPOSAL
In the determination of awarding the contract, the City Council shall be the sole judge as to which bid best meets the needs and requirements of the City and its decision shall be accepted as final.

CONTRACT
A Professional Services Agreement with appropriate attachments is to be completed, signed, and dated by the Contractor. A current Calistoga Business License is to be in effect during the term of the contract.

All insurance certificates as indicated in the attached professional services agreement must be submitted with the proposal.

This entire Request for Proposal, or any item(s) thereof, shall become part of the contract upon its acceptance by the City Council of the City of Calistoga. The complete contract shall consist of the Notice Inviting Request for Proposals, the entire Proposal (including Specifications), or any item(s) thereof, addenda. Additional provisions will be added to the final contract consistent with this notice. Contractor will be provided with a copy of the executed contract.

TERM OF CONTRACT
The term of any contract awarded pursuant hereto shall be from July 1, 2023 through June 30, 2024.

ELECTRONIC DELIVERY
Contractor shall have the capability to receive typeset matter and proofs via email. Contractor shall provide City an email address to be used for transmission of typeset matter.

TERMINATION/PENAL TIES
Whenever, in the opinion of the City, the said service is unsatisfactory, the Contractor shall be advised of the reasons. If the Contractor fails to correct the unsatisfactory conditions within five days, the City may declare this contract terminated and contract with another supplier. lt shall be understood and agreed that the contract may be terminated by either party upon thirty days written notice.

Whenever Contractor has confirmed receipt of an ad placement either electronically or by facsimile and/or City has returned to Contractor an approved ad proof and Contractor then falls to publish the advertisement on one or more of the dates already confirmed and approved, the next ad placement of similar nature shall be published at no cost to the City for the same number of run dates that were missed by the Contractor.

Notwithstanding any provision to the contrary, City shall have no obligation to give more than two notices of unsatisfactory performance in any calendar year. In the event two such notices of unsatisfactory performance are given in any calendar year, and in the event that Contractor shall again fail to satisfactorily perform services pursuant to this Contract, City may thereupon terminate this contract immediately.

RATES
The rates proposed to be charged the City shall be designated for each column inch for a first publication, each column inch for a second publication, and each column inch for all additional publications. Each bid shall indicate that the rates proposed to be charged the City do not exceed the customary rates charged by the bidder's newspaper for the publication of legal notices of a private character.

Item #7.4.

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City of Calistoga
RFP-Legal Advertisements For FY 2023-24

Page 4 of 8 ends

PAYMENT AND INVOICING
Invoices shall be mailed or delivered to City of Calistoga, Attention: City Clerk, 1232 Washington St, Calistoga, CA 94515. Invoices shall include the name of the City Department and/or City Employee who ordered the advertising; or a coding system sufficient to enable the City Clerk to identify the department responsible for placing the order. City shall pay to the Contractor in due course of payments following the end of calendar month and the receipt from the Contractor of invoices for material delivered by the Contractor and accepted by the City during such calendar month.

NOTE: Payment may be delayed if invoices do not clearly reflect contract number and department number as provided by City at time of submission of advertisement.

EXPENDITURES
Total annual expenditures under this contract are estimated (without guarantee) to be: $15,000.

PAYMENT TERMS
Describe timely payment discount offered, if any.

Item #7.4.

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City of Calistoga
RFP - Legal Advertisements For FY 2023-24

Page 5 of 8 ends

SECTION A: BID PROPOSAL FORM
PROPOSALS DUE: One copy of the bid proposal in a sealed envelope, marked "Response to RFP for Legal Advertising" in the bottom left-hand corner, shall be delivered to the City Clerk of the City of Calistoga, 1232 Washington Street, Calistoga, CA 94515, no later than 2:00 PM on Monday, July 10, 2023. POSTMARKS NOT ACCEPTED. Proposals may be delivered by express mail, regular mail, or *in person.

QUESTIONS: Contact Interim City Clerk Yudiana Galvan at 707-942-2807 a,r [email protected]. us.

PRINTING OF OFFICIAL AND LOCAL CLASSIFIED ADVERTISING to be furnished to the City of Calistoga during the period commencing July 1, 2023 through June 30, 2024.

SECTION A: GENERAL

1. This newspaper is published _Lday(s) per week, on the following days __ FR_I_D_AY ____ _

2. Indicate column format: Legal 1.5 inches Display 2 inches

3. This newspaper observes the following holidays:

New Year's, MLK Day, President's Day, Memorial Day, July 4, Labor Day, Thanksgiving, Christmas The deadline to submit publications for holidays is:

Deadline for ad order: Thursday noon one week before publication date Deadline for copy: End of Day Friday one week before publication date

4. Can your newspaper reduce blueprint drawings/maps for publication?_Y_E_S __ _ If so, is there an additional cost (indicate cost) __ N__ O _____ _

5. If proofreading is required by the City, what is the deadline to submit information? Legals End of Business Day the Monday before publication Display End of Business Day the Monday before publication

6. DECLARATION OF NON-COLLUSION
The undersigned certifies (or declares) under penalty of perjury that this bid is genuine and not sham or collusive, or made in the interest or on behalf of any person, firm, or corporation not herein named; that the contractor has not directly or indirectly induced or solicited any other contractor to put up a sham bid, or any other person, firm, or corporation to refrain from bidding, and that the contractor has not in any manner sought by collusion to secure to himself any advantage over other contractors.

7. DECLARATION OF ADJUDICATION
The undersigned certifies (or declares) under penalty of perjury that the named newspaper is adjudicated as a newspaper of general circulation by the State of California (as defined by Government Code Section 6000, et seq.).

8. ERRORS AND OMISSIONS
The undersigned understands and agrees that the City of Calistoga will not be responsible for any error or omission on the part of the undersigned in making this proposal.

Item #7.4.

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City of Calistoga
RFP - Legal Advertisements For FY 2023-24

Page 6 of 8 ends

9. DECLARATION OF NON-DISCRIMINATION
In the performance of any contract awarded pursuant to these specifications, the undersigned understands and agrees that it shall not discriminate against any employee or applicant for employment because of age, sex, marital status, physical handicap, race, color, religion, ancestry, or national origin. Contractor will take affirmative action to ensure the applicants are employed, and that employees are treated during employment without regard to their age, sex, marital status, physical handicap, race, color, religion, ancestry, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor shall post in conspicuous place, available to employees and applicants for employment, notices setting forth the provisions of this Fair Employment Practices paragraph.

EXECUTEDAT: <!._~~~~ (_4-, ON THE 5!._~AY OF July, 2023 , ~ -S '
BY __ ~---.--~=---~-=-,...---- --------P_u_b_li_sh_e_r _____ _ (Signature) \ (Title) on behalf of __ C_al_is_t_o-=g;._a_T_r_ib_u_n_e.......;;,_L_L_C ___________ _ _ (Service Provider)
•ATrAcHm
-CIRlllcAm
Item #7.4.

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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California N
County of apa
before me, Leonard Land Notary Public
(insert name and title of the officer)
personally appeared J35!u'(f? ~ _Sf' ,
who proved to me on the basis of satisf;ory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and o
(Seal)
I
Item #7.4.

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City of Calistoga
RFP-Legal Advertisements For FY 2023-24

Page 7 of 8 ends

SECTION B: LEGAL ADVERTISING

1. Legal advertising to be accomplished as no larger than eight (8) point on 9.5 leading.

2. See the enclosed "Exhibit 1": Please typeset and indicate cost to publish as a legal ad.

3. Dollar rate per column inch: $ 16. 75

4. $ $226.13 (cost estimate)
SECTION C: DISPLAY ADVERTISING

ITEM DESCRIPTION

1. Display advertising to be accomplished as follows:

Format: ROP (Run of Publication)

2. Does the rate change, depending upon number
of publications or size of ad?
Yes ___ No X If so, please indicate
Rate is per column inch, so as ad size increases total cost increases but per-inch rate remains the same

3. See the enclosed "Exhibit 2" to typeset and set up as 2 column by 6-inch ad.

4. Dollar rate per column inch: $ 16. 75

5. $ 201.00 (cost estimate)
Item #7.4.

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City of Calistoga
RFP- Legal Advertisements For FY 2023-24

Page 8 of 8 ends

SECTION D: CIRCULATION

CONTRACTOR'S QUALIFICATION - LEGAL ADVERTISING
Attach a copy of U.S. Postal Service "Statement of Ownership Management and Circulation" Form PS 3526 filed for 2023, and the circulation amount for February 2023. Please also include the number of paid subscriptions in the 94515-zip code area. If available, please verify the news rack sales for the last year. Please include the most recent Weekly Postal Report.

PROFESSIONAL SERVICES AGREEMENT
The selected consultant will be required to enter into a City standard Agreement For Consultant Services (attached Exhibit 3). Two signed copies of the Agreement For Consultant Services and all other required insurance certifications and documentation shall be submitted to the City within ten (10) days of award of the contract, prior to execution of the agreement by the City.

Particular attention should be given to the Indemnity and Insurance sections in the Agreement For Consultant Services. These sections are not negotiable and will be included unaltered in the final agreement.

CONTRACTOR MUST COMPLETE AND SIGN BELOW:

Firm Name Calistoga Tribune, LLC Phone (707)942~5181
Address 1007 Washington St., #3, Calistoga, CA, 94515
(State) (Zip) ., ~=I)\ (City)
S/ __:.__ \h Title Publisher .L -------------
(Signature of Corporate Officer or person authorized to sign bids and contracts on behalf of the Contractor)
Vendors submitting a sealed proposal for the provision of official City advertising must complete and submit the fonn(s) no later than 2:00 PM on Monday, July 10, 2023, to the City Clerk, City of Calistoga, 1232 Washington Street, Calistoga, CA 94515. POSTMARKS NOT ACCEPTED. Proposals may be delivered by express mail, regular mail, or *in person. The sealed proposal must be clearly labeled "Response to RFP for Legal Advertising" in the bottom left-hand corner.

ALL SIGNATURES ON BIDS SHALL BE ACCOMPANIED BY AN APPROPRIATE (i.e.:

CORPORATE, PARTNERSHIP OR INDIVIDUAL) NOTARIAL ACKNOWLEDGMENT. NO BID WILL

BE CONSIDERED FOR AN AWARD OF CONTRACT UNLESS SUCH NOTARIAL ACKNOWLEDGMENT IS RECEIVED.

BATTACHED
NOrAlff CERnFICAlE
Item #7.4.

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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validitv of that document.

State of California
County of Napa )
on July 05, 2023 before me, Leonard Land Notary Public
(insert name and title of the officer)
personally appeared _ B_r_u_c_e_K_y_s_e _ _ _ __________________ ~ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 1/ /
(Seal)
Item #7.4.

Page 154 of 701 ends

NOTICE OF CONSIDERATION

BY THE CALISTOGA CITY COUNCIL
Exhibit 1
NOTICE IS HEREBY GIVEN that the City Council of the City of Calistoga, California will hold a public hearing at its regular meeting on Tuesday, May 3, 2022, at or after 6:00 p.m. The item s:

Consider the vacation of a portion of the Gold Street rig ht-of-way (SV 2021-1). Property owner request for a Street Vacation Application of the portion of Gold Street, between Myrtle Street and Foothill Boulevard. The City of Calistoga General Plan Circulation Element and Housing Element support the proposed street vacation and the parcel is depicted as a potential development site with a General Plan Designation of Medium-Density Residential with a zoning designation of R-1: Single-Family Residential. The action is not subject to the California Environmental Quality Act (CEQA) under Section 15061 (b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the proposed vacations may have a significant effect on the environment.

Consistent with Government Code Section 54953, this City Council Meeting will be held via teleconference only and will not be physically open to the public. Councilmembers and staff will teleconference into the meeting by audio and/or video. The meeting will be conducted via Zoom Webinar. To maximize public safety while still maintaining transparency and public access, members of the public can observe and participate in the meeting from home 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 on your phone-dial 1-669~900-6833, enter webinar ID: 829-0729- 5419, password: 123201

3. Watch or participate online via Zoom at
httos:/ / us02web .zoom.us/i/82907295419?pwd=-Qkh2d05YV25wVXdhbkU5dVY 1 Q m!FQ T09 enter password: 123201

4. Watch online via YouTube Live at Y,CL:tube.c0m/cityofcalistoaa COMMENT ON THIS MATTER: Email or mail your comment to the City Clerk at [email protected],us or 1232 Washington Street. Calistoga, CA 94515. Written public comments received before 4:00 PM on the day of the meeting will be provided to the City Council and included in the record. Comments received after 4:00 PM will be made part of the written record but will not be read verbally at the meeting. If a comment is received after the item is heard b1Jt before the close of the meeting, the comment will still be included as a part of the record but will not be read aloud. To comment during a virtual meeting {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 tum 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://suoport.zoom.us/hc/enM us/articles/205566129-Raise-Ha nd-1 n-Webinar.

On Tuesday, April 26, 2022, at 4:30 pm, the City Council staff report for this item will be available online at www.ci.calistoga.ca.us, and at the City Clerk's office located at 1232 Washington Street. For additional information, please contact the Public Worb office at 707.942.2828. 1/;CMA0~~ M ni Rittburg, City Cler
Dated: April 19, 2022
Item #7.4.

Page 155 of 701 ends

EXHIBIT2

ADMINISTRATIVE SERVICES TECHNICIAN
City of Calistoga -Salary: $53,940-$65,544 plus benefits. The Administrative Services Technician reports directly to the Administrative Services Director and is responsible for providing a complete range of accounting work including payroll. Requires three years of progressively responsible accounting and payroll processing in a municipal agency. Applications and other information may be obtained from the City of Calistoga, Personnel, 1232 Washington St., Calistoga CA 94515 at (707) 942-2803 or on the City website 'Nww.ci.calistoga.ca.us. Deadline to apply is February 3, 2021 4:30 p.m. No faxes or email applications will be accepted.

Item #7.4.

Page 156 of 701 ends

EXHIBIT 1
Legal Notice - as we would set it
City Council / M. Rittburg
Vacation of a Portion of Gold Street
(From: Gold Street Vacation Public Notice.docx)
April 22, 2022 Publication/Calistoga Tribune

NOTICE OF CONSIDERATION

BY THE CALISTOGA CITY

COUNCIL
NOTICE IS HEREBY GIVEN that
the City Council of the City of
Calistoga, California will hold a
publlc heating at ils regular meetIng ori Tuesday, May 3, 2022, al or after 6:00 p.m.

THE ITEM IS:

Consider ttie vacation of • portion or the Gold Streat right-of. way {SV 202M).

Properly owner request for a Street
Vacation Application fJf the pOrtlon of
Gold Street, between Myrtle Street
and Foothill Boulavard. The City of
Callsloga General Plan O rrulatioo
Element and Housing Bement sup,
port lhe proposed street vacation
and the paroel is depicted as a
potential development site wnh a
General Plan Designation of
Medfum.Dansily Residential with a
zoning designation of R-1 : Single--
Family Residential. The action Is not
subject to the California Environmental Quality Act (CEOA) under SectJon 15061 (b)(3} of the CEQA
Guidelines because it can be seen
wtth certainty that there is no possibility that lhe proposed vacations may have a signtticant effect on the
environment.

Consistent w~h Government Code
Section 54953, this City Councll
Meeting will be held via 1elec:onferenoe only and v.ill not be physically open to the publlc. Councilmembers
and stall will teleconference Into the
mee1ing by audio and/or video. The
meeting will be conducted via Zoom
Weblnar. Ta maximize public safety
while still maintaining transparency
and public access, members of the
public can observe and participate
in the meeting from home in one of
the fOllowing ways:

1. Watch on your TV - Napa
Vall~y TV Channel 2B (call your
cable provkler to ensure you have
a City of Calistoga coded cable
box)

2. Listen or participate on your
phone - dial 1•669-9()()..6833,
enter webinar 10 : 829-0729-5419,
password: 123201

3. Watch or participam online via
Zoorn at https:lluaO:zweb.zoom.
u slj/82907295 4 t 9?pwd=
Qkh2d05YV2SwVXdhbkU5d
VYIQmlFOT09, enter password:
123201

4. Watch onlinevia YouTube Live
at yootube.com/cityofcalistoga

COMMENT ON THIS MATTER
Emall or mall your comment to the
City Clerk at pUbliccomment@ci.
calistoga.ca.us or 1232 Washington Street, Calistoga, CA 94515.

Written public oomments received
before 4:00 PM on the day of the
meeting will be provided to the City
Council and included In the record.

Commems received alter 4:00 PM
will be made part of the wrttten
record but will not be read verbally
al the meeting. If a comment is
received after 1he ~em is heard but
before the close of the mae1ing,
the comment will still be focluded
as a part or the record but will not
be read aloud. To comment during
a virtual meeting (Zoom), click the
"Raise Your Hand' button to
request to speak when Publfc
Comment is being taken on the
agenda item. You will be unmuted
when it is your turn to make yoYr
comment for up to 3 minutes. After
allotted 1ime, you will be re-muted.

Instructions for how to "Raise Your
Hand" are evaHable at: https:/1
svpport.zoom.vs/hclen-us/art/cles/
205566129- Raise-Hand-ln•
Webinar.

REVIEW OF INFORMATION
On Tuesday, April 26, 2022, at
4:30 pm, the City Council staff
report for this Item will be available online at www.ci.ca/lstoga. ca.us, and at tile City Clerk's
office located at 1232 Washington
Stroot. Far additional inlormalion,
please conlact the Public Works
office al 707.942.2828.

BY ORDER OF THE CITY OF

CALISTOGA CITY COUNCIL
Marni Rittburg, City Clerk
Dated: April 19, 2022
Publish Date: April 22, 2022

13.5 column inches x $16. 75 column inch contract rate requested = $226.13 Item #7.4.

Page 157 of 701 ends

EXHIBIT 2
Display Ad - as we would set it
City of Calistoga

ADMINISTRATIVE SERVICES

TECHNICIAN
Salary: $53,940-$65,544 plus benefits.

The Administrative Services Technician reports
directly to the Administrative Services Director
and is responsible for providing a complete range
of accounting work including payroll.

Requires three years of progressively responsible accounting and payroll processing in a municipal agency.

Applications and other information may be
obtained from the City of Calistoga, Personnel,
1232 Washington St., Calistoga CA 94515 at
(707) 942-2803 or on the City website www.
ci.calistoga.ca. us.

Deadline to apply is February 3, 2021 4:30 p.m.

No faxes or email applications will be accepted.

Pub.1/20/21
Display ad size 2 columns (411) by 611 deep
Cost at requested contract rate of $16.75: $201.00
Item #7.4.

Page 158 of 701 ends

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67... -1>.,0 : 'S~ fCS<">
-~.;i=ull-Njmes.'a!}~ Complete Malling Addresses oi Publishe,, Editor, and Managing Editor (Do not/eave blank) ..,
1 o: '<Dwr.e"r. (Do not lrrove blanii. If the publication is owned by s corporation, give the name and address of the corporation Immediately folfo111ed-6'9:1he ) ,:;, , .j • nime_;_~i?iliiM1iss~s~f all s_!o9kholders owning or hold;ng 1 percent or more of /h~ total amount of stock. ff not owned by a ccrporarion, 'gTve}fie~·· ~.v ~~.: :rr.~flii.s1~ll,_t/ffi)~(ilJfS.,ftS:. or.tµe individual owners. If cwned by a pa!1narship or othar unincorporated rirm, give its name snd 'address as· well es'-tfifrstf cf · 1 eaci:, fnaiviqrJal owner. If the pub!lcalion Js published by a nonprofit organ/zatlo:1, give its name ano address.) . i1, ~~~t:S-~dftqi&?rs'. }Jdrtgag~e~: and Other Security Holders Owning or Holding 1 Percent or More of Totsl Amount of Bondi Mort~ag,e;, o/·.-'.:.:· ·:~ 'Oth~fiS~c~#u1ls~ lf.~orre,~~ !>ox -----------------□ None . r:e,i.'-" Eu!l'l'i_anie v• ··;~ :::. Complete Mailing Address
!'2_:.--f'allt/:}E}U'!i,(f;.o_f:'Coinp!e1ion by nonprolit o!ganizalions auihorizsd to mail et nonprofit rates) (Check one) •=·· •• ~-,'->"' •- \.I The!f)Orpoiii!~nofion, ·ari6 nonprofit status of this .:irgMization and tha exempt status fer federal income tax purposes:" · ;, J · ·•· ~ EJ-f:!~~'i'!~~fi·~_r;~,e•~·Duriiig·~recedlng 12 Months : ., E}!i2,~.~~ar-t'J1_e~. !)~ring Pr~d:ng 12 Months (Publisher mvst submit exp/Mat/on of change wlth this statement) i PS Form 352°6, July 2014 [Page 1 cf 4 (see instructions page 4)j PSN: 7530-01-000·9931 PRIVACY NOTICE: See 011f pril'acy policy on ~Nrw.'usps.com. ·"
Item #7.4.

Page 159 of 701 ends

13. Publication Title
~~ ~~ ~~--~ '-J~'-'~

15. Extent and Nature of Cl~atlon
I l .,.
'!-_. ,., ..... ..,
. ·] JtG\':!l t,,hlltlbar.of,!oopies (Nat press runj
::'i)!-,,... ··-· .,1.
c. Paid
Clrcu!ation
([Jyfr1ail
al:J_d- ..
·outskfq~.
the 1,,JaiiJ
(
1) Mailed Ou,skle-Cour,ty Paid Subscriptions Sta!ed 011 PS Form 354'1 (Include paid distribution above nom:nal rate, aavertiser·s proof copies. ;;nd exchange co~ies) Malled In-County Paid Subscriptior.& S!3t.ed on PS Fofrn 3541 (/nciuda paid (
2) distribution above nominai rate, advertiser's proof copies, end exchange copies) (j) Paid Distribution Outslde the Mails lnclUding Salas Through Dealers and Carriers.

Straet Vendors. Counter Sales, and Other Paid Distribution Outside USPS® .. :;. ;, ;.T (I ·,·1-cl}l\p;id-01stt1but,on by Other Clcs~es of M31I Through the USPS I (e.g., First-Class Mail®) • ••• - I •• • c. Total,Paid:c>istribution {&Im of 15b (1), (2). (3), and (4jj ..; :.: h;..> i ,,. ·, ·~ ·;,,
~._F,r~'e·or-- ' '(1} ~Fri!~_9r Npminal Rate Outside-County Copies included an PS Form 3$41 'Nbr)'l!nal
Rate
Distribution F~ Fre~ _<;>r No~inal Rate In-County Coples Included en PS Form 3541 • (By,Mail
end.:.::··
Oi!tsjl!e,
the1f9tell)
(
3 ) F,ee or Nominal Ra!e Copies Mailed at Other Classes Through !ile USPS (e.g ... First-Class Mail)
j (4) Fr~~ 'o}Nominal Rate Distribution Outside the Mall (Carriers or other means) - • !. - -
e. •Total Free,or- li!dmliiaJtRate' Distribution (SLJm of 1 &J {1}, (2j, (3j and (4.l) '/
.. ,
i. Tot§tl~r,;tribJ,f,Of;l.1'S\im;of 1;5c·and 15ej
,h ~t,~ ;."4 r
: 9~t°opie1'° r.ofOlsirtbuted (See Instructions lo Publishers #4 (page #J)) , I •
h. T.o.ta1,(Sum o_( 15f an<f g) .
~ ~-.,,
i. P~f~lltf.aid
(15c dlvjder.i by 15f ti/'flflS toOj
►

14. lssl!e Dste fer Circulation Data Below
Averagu No. Cop~s
Each Issue During
Pre-~eding 12 Months
\ -Z,oo ..
~\O !
b~~
l ( sep ·1.-·. ··:• - thM
.....
\ ,o,'JO
-e,.
-er--
~
- 0 . ',~ \ ~
S"o -
\.()o~~
\cm Yo
No. Coples of Single
iss.ue.l"1.1bJii;J1~d ...... ..

Nearest to Filing Date
\~~
~ .. ..
"\o '
.bC\3 ·•- ..
\ \t;° ·, ,·a e!; ,.
: ~ :;.,,:~ .. - . ·, ... • -· r;•; ._
\ ,b\<g ..
-4 .. ... .
:
..A-... .
.. 0 : .. :
. .. • . .
\ uo\<t
50 -..
... -
I fto°b~ ..
\oo io- • If you are _ _c:le1mmg elf!ctronf<? ?!)Pies, go to lme 16 en page 3. If ycu are not cla1mmg elec;rornc cop1e~. skip to line 1 i on page 3.

I J
' ... , : ~ •. '"r ~ ,. i •
. ,, ,,,,. t
., , ..

PS Form 35_26; Ju!y 2014 (Pag5 2 of 4) ·tj·' ••, .. .

Item #7.4.

Page 160 of 701 ends

~ UNI.TED ST'1TES Statement of Ownership, Management, and Circulation U POSTllL SERVICE® (AH Periodicals Publications Except Requester PubUcations)

16. Electronic Copy Circulation Average No. Copies No. Coples of Single Each Issue During Issue Published
Preceding 12 Months Nearest to Filing Date
·a. Paid ·etectronic C~p:es
., ► . ..?· 1:?~' Paid P~nt C~pies {U_ne 15c) + Paid Electronic Copies (line 16a) ► 0 . .2 !"-,.~
" . ..

C. Total Print Olstributlon {Una 15f) + Paid Electronic Copies (Line 16a) ► 0 0
d. Po/cent Paig (Both.Print & Electronic Cooies) (18b divided by ',Sc x 100) :- ;.:.~ : ... ;/~; (' 'j, ·1:.- . . . . ► < ; i \ i ••
~ .. ~-- " . ,· ,. t, : •. l :;·· t :~c;,s· : ;~ ;_ ~ . ~ , ·, . _.,:•~ J 1 •c I;" \ @] !_'.~trtiJY,-~ at 50% of all my distributed copies (electronic and print) are paid above a nominal price. . .,,.., .,, ... !
-- -·· ....... ~.

17. Publication.of S!stement of Ownership
... ··----·~· ... ... . ,'-
O lrin,e> s;uoaca~lon.'is:a,genel<ll publication. publication of this statement_ is required. wm be printed 0 Publication not required. isst1e of tr.is publication.

18. S1gnatefr.e:aod} ltle.t>f·Edilor, Publisher, Business Manager, or Owner Date I. certify thaf i}l:iijfcirrr.atlon furnlshecfpn this fonn is l"Ua and complete. I understand that anyone who furnishes falSe or rnis!ead:ng Information on .this form or who omils.mai';inaf or informatJ6n requested en the form may be subject to crirnlnal sanctions (including fines and imprisonment) and/or civM sar:ctiol-/s (inch.!dl~g cl*i! ~erlaltles). . .. :
.;
·- . ~ 'Jj ::C:i.t!" ~)i i :,. • .
• I• •
....

I '
rPS Form -3526, July 20H (Page 3 of 4) PRIVACY NOTICE: See our privacy poliq• on w,vv.-.usps.com.

Item #7.4.

Page 161 of 701 ends

United States Postal Service Post Office, Note Mail Anival Dale & nne (Do .~ Round-Stamp)
Postage Statement - Periodicals
On& Issue or One Edition Unless Used as a Consolidate d Statement Mailing Agent (Printer or Consolidator)
Name, Address. TelephOne. Email
Entry Post Office
Name Slate, and 21 P+4
Publication Title and Owner or
News Agent Name '- Calistoga Tribune
~
Folger Graphics Calistoga, CA 94515
"cij
2 ;_ -
:,,..
~
0 0)
(/J
:::::i
<.n

0..
(f'J
:J
CAPS Cust Rel. No . ..,N..,l.:;;;A.__ ___ _

CRID NIA
Pubi1catior1 Ne.
20698
Edition/Code
2339 Davis Ave.

Hayward, CA 94545
Printer/Consoli:lator tmprtnl Permit No ______ i--
CRlO NIA
MaUer's MaUtng Data Statement Seq. No.

NIA
For Jou1cmation Piecu,
En!tr Oate or Addren

11.alC.'iing and COdi.,g
1-l_ss_u_e_D_a_te-------+l-s-su_e_F_r_eQ_U_e_n_cy-----+-,-; P c_e_C_e_te_g_o_ry _____ -+F'-r_o_ce_s_s_in_g_C_a_te_!!_O_ry-+---l 0612912023 00 Rego.Ca, 0 Let.e"
Q Nonprorrt [R}Ftals 06/30/2023
0 C1autoom D Parcels
For c arrll:r Rou:.e ? i l'c.e-1.

Entt.r Date ol .AddrE-s.s
~\alcllin; and Codino
06/29/2023
t-------- -t----------r=_Sc:_ellGMl! ___ ·A9_ri""'1uf __ e __ -+-------+----I For Carne, Rou,e P1Ke1, •Neigh! per Copy for Issue Number of Addressed Number of Addreised Enter Oattt of Canter (Round oft 10 4 dec;m• I place•
1fMUSSaryJ
Weig/ll of a s rngle
Ride-Along Piece Pieces Excluding AddreS&ed Supplements RolJ\e SeqUffleing Supplements 06/29/2023
1:,.Cou;,ty __ _
0 .0920 pounds 0.0000 pounds 905
1-----------1-----------1------------10u1si~
Ao11enising Percentage in
This Issue
% 20.000
0 Statemen1 for
bundles/contaitiers
only (if applicable)
A9pficable Pans Completed (Select all that apply):

Combined Mailing Counly
0 Mitto Class O Single a~ss
Total Part A
Fcu P~ce.s Beemw 2
S.'fflphf1od Addreu . E-f .tQr
011, of Dtwery
S:..ati1be.S Ft!o or
Arte~1"'·e t,1et."'.od
Part A-In-County Prices (Postmaster: Report 101~1 Part A poS1 ge In AIC 224) Part 8-0utside-County Pound Prices Total Part 8
Part C-Outside-County Piece Prices Total Part C $89.7560 Part D-Outside-County Bundle Prices Total Part D $5,7270 Part E-Outside-County Sack/Tray/Pallet Prices Total Part E $13.8540 Outside-County Postage Subtotal Parts B, C, D & ,.. $113.7500 Preferre<l Price Oiacounl Nonprofrt, Classroom, Limned Cimllation, Limil•d Cifculalion SciMce of Agncuttu,e (Add line 817. at1c! par1s C. D, and E To(als) X .05 (aUothe,s ent .. , zero) Subtract the Preferred Price Discount from the Outside-County Postage $113.7500 Part F- 0 1Jtside-County Ride-Along +
Total Outside-County Postage (Pestmasler: Report to1al Outside-County postaye if1 AIC 135) Add Total In-County Postage and Total Outside-County Postage (Ate 224 .. Ale 13s) Total Postage Part P - Total Postage While Pending (Page9) (Ale 224 ... Ate 35) Total Postage No. and l~P"- 1"
Containers
(::r.ttr tola\:-.,...:;:\!'.:!."
or coi,.t.aJner!'. •
15 - Flat Tr21ys
--------·- ConsoridateU
Postage s:at~:,.~m
0 Yos ix) '-!>
S7S,36
i
$~13.7S
The signature of the owner or the p1JbliC81lon certi11es acceptance of lfablllty for and agreement to pay any revenue der~ oncies assessed on this mamng, subjeet to appe~• •• u an agent signs this form, the agent certifies that he or she ts authonu-d 10 sign on behalf of \he owner or the publleation Ind that the owner or the publication Is bound by & certiflcallon and agrees to pay any deficiencies. In addi:ion. agents may be liable for any doflclencfes resutting from malt, rs within their responsibility. knowledge, or ce:'llro1.

The owner of the pubfication hereby certifies that all lnrorrnaUon fumished on this fonn is ac:curate. ln.llhful and complete that the mail and tne supporting documen!ati:.n comply wtth all postal standards and that the mailing qualifies for the prices and fees c:lalmed; and that the malling does r ot contain .any matter prohibiled by law or poi:111 regutali01'1. I understand that anyone who fumlshes false or mislea.ding Information on this fonn or who omits Information equested on this fonn. may be subject IC! crilll!ll~I and/ or civil penalties. lncludlng fines and imprisonment.

Privacy Notlce: For infonnalion regarding our Privacy Poficy visit www.usps.eom. ---· Signature of Owner or Agent
"' -=~ i, CO,
~cS -a~o E- 8~
,,.._! cf. 0 c- ~ g ~,
Printed Nams of Owner or Agent Name and Telephone <lf Conlact P£:i or, in Publishers Office
510-887-5656
~ Stamp (Require,d)
Pa~tOafe
"'S,Form 354 1-1, Januaiy 2023 FACSIMILE CAUSTOGATRIBUNE39999 ZAP OPTION 1 ZC- 0230601 ACCUZIP6 f; :1:f,O.

Item #7.4.

Page 162 of 701 ends

Periodicals - One Issue or One Edition - In-County
[&]Part A
1111 Pound Price
Entry
Subscriber
Copies
Nonsubscriber
Copies
Total
Copies
Total
Pounds
A1 DOU 592 592 54
A2.. · None 103 103 9 .. -.... •).•-··--· --.... ·--·-. ------·----·--·-----1------1------- ~~. __ _ Total .'.o~nd :rice Postage (Add Jines A1 ~nd A2.) 595 63 - Piece Price (Presort)
Presort Discount
AT. 3'-Digil Nonautomation -· ----·
Total
Copies
-------·-·----- - --- .. A9 . 3-Digit Automation Flats 6 Addressed
Pieces
.. - --·-- --------- ---·----------•---------·---- A10. 5-Digit Nonautomation 10 . - . - . .. - ------- -· - - -·- A 12 . 5-Digit Automation Flats 86 6 10
86 ·····• - ----·--··------------------------·-----·---- ---- -----·,. ·-- ~r Car_rier R~le Basi~ _ __ _ __ __ _ _ 592 592 - - ~16. Pre~o~~ubto~al £Add lines :A4-A1~l_ _______ , ____ __, _____ - ~95 __ --~5. _ -· ...

A 1 r. Number of Addressed Pieces at ODU Prices 592 592 A 1~i Piece Price Subtotal (A16 minusA17) ~ .,..1•-~ •·· ·-- --* 1111 Full Service Intelligent Mall Option
Presort Discount
- Ride-Along Price & Repositlonable Notes
Total
Copies
Addressed
Pieces
Addressed
Pieces
Price

0.156

0.204
Price

0.249
0250

0.198

0.094

0.015
Price
A22. Part A Total (Add Jines A3, A2.0, and A2.1) - ·---·-------·--... -·- --·---- ...... -----------·- s--.... -· ~-· -- ---· ...
' ·'
. '
.... ·•
Postage
__ 8:4240

1.8360
1Q.2600 j
":'."'.0'.3:t4O ·.• . .... -.. 1.4940

2.5000
17:0'280
: 55.6480
7$.9840
.... ~_.8800
. "
Postage,,
ss."lo.4o
..

78.3640._j
. '
--•r .,..,.., -,I '
.:-8 ;: \.:: !
.. - ..••...• ·-1
i
.~;:_ . !
PS,Form 3541, January 2023, Facsimile calistoga\ribune3B999 20230629:07:07:46 Item #7.4.

Page 163 of 701 ends

... ..

Periodicals -One Issue or One Edition -Outside-County . [X]Part B .. . . . For Nonprofit & Classroom: All commingled nonsubscnber or nonrequester copies over the 10% limit mus\ pay r ~g ular prices & use a Heparate PS Form 3541:

Outside-County . Pound Prices
- Advertising Pound Prices
Entry Subscriber Total Total A V ertlsing Postage·
.;
Zone Copies Nonsubsc. or Nonreq. Copies Copies Pounds t:>ounds Price 81 . DOU 42 42 4 1 0.121 0.121( ·- -·- -.... _ --- ------.... .... ... - -· . . · •· 84 . 1&2 108 108 10 2 0.297 0 .!3940 - ·-- ----.. ··-- -·- ... >------•------·~----~- -·-·--·------------ - - ----· B5 . 3 10 10 1 1 0 .297 02970 --· .. -·· - ----- -- ---·---- -- ... ---·-. .. ... .. . .... .. .. 86. 4 19 19 2 1 0.297 0

0.2970 - ---· ----·-- ------- - --·-•--·-· --- --- ~- .. - - 67 . 5 9 9 1 1 0.297 0.2970 -· - . --- - - --•··•--·-.. ~
-- ~- -- -- .. --·· -- 89 : 7 5 5 1 1 0.297 0.2970 .. ---------·----------- ·- --------- ---- - -- -- - .. - -- - 810 : 8 17 17 2 1 0.297 C.2970 ~- --·-·---- ·--- -•·· .,_ -- ------------ --··--··-- . - - .. B.Z. Subtotal {Add lines B1-811} 210 21 8 2.2000 ·- .:J·;;r.,· .. ~ -- - - -~-- - I -· - - - .. ' El Nonadvertising Pound Prices 'J -- .. - -· > Total Advertising Nom dvertising Price Postage· Pounds minus Pounds equals Founds :;: : ;~~1~!S { .... --- -- 4 1 3 0.091 _0_~730 .. ---------------- -. -- - .. - 17 7 10 0.194 19400
-----·- -·----,_ __ -- 6~_7 :. §_ubl~tal_(Add ~ es 8 13-B16) 2.2.!3C - - - - . -· - . - ~onadvertising Pound Prices• Alternate I ,..:.- I
Subscriber Total Nona :!vertising Postage _J
Copies Nonsubsc. or Nonreq. Copies Copies P,unds Price
B20 . Part 8 Total· Pound Priee Total (Add lines 812 and 817) 4 .~~30 - -- - - ---· -· ·- - - [X]Part C
!
'·
Ou~ide-County - Piece Prices ~-
~ Machinable Flats (• <
Total Add essed .. ,~ Copies Pt:!CeS Price Post2ge_. ➔ - - ·• c?~ Mixed ADC • Barcoded .• 57 57 0.669 ,,.-38.1330 - ------- -------- -·---- - - -_,.~ e3· .. · ADC - Barcoded 11 11 0.605 - -.sJ/i~~o -- --- --·· -- -·-·---··----------- -------- -- .. - -· C4. ADC - Nonbarcoded 1 1 0.650 .0,6!5QP __ -------- -- -----·- ---- . .. - cs. 3-DigitlSCF • Barcoded 76 76 0 .565 4t940tl - - - ------··- ---- ·-- - - . . . C6 . 3-DigiVSCF • Nonbarcoded 2 2 0.605 1-2-lt\!J - - -·~ -- • ------ - . ------,-.... - -- C7 . ,S,.Oi~it - Barcoded 21 21 0.434 i3X1~0 .. - - - - ~---- - ~er Route & Finn Bundles . . -~- Total Add r ssed Price Postage. Copies PiE ce;s .. C29 . Basic 42 42 0.235 9.a700 --- - ------------· ------ - ---- -- -~-- -.. •· -··-- . ... .. -- C3J . Subtotal (Add lines C1 through C32) 210 210 1oa:s120 - r ·---·-- -------·-..._ ·-. .. . .. C34 . Nonadv. % {100 minus adv. %) 80.0000 x # of Addressed Pcs. (C33} x $0.00112 ... 1~.8160 - -- --- - -·- - - ------- ------ ·-· - -- -- - ·-- - - .. ~- Subt~~-' Outside County Piece Prices (Line C33 minus C34) 89.7560 --· - - ..
ll"l! Full Service Intelligent Mail Option ~ ---~
~ -; .. Total Add re;;sed Price Po~t~~~ --
,~
Copies Pie~s •·l-,,-r; '
d ~:.Part C Total (Line C35 minus C36) _ _
.. #,,,..
·89.7560
- ·- - ·--- - ··- . . :.:: ~ : ... :.~•!.! ! •.;:1. f
::>g Form 3541, January 2023, Facsimile calistogatnbune39999 ?fl?~~"'".,... ___ Item #7.4.

Page 164 of 701 ends

Periodicals - One Issue or One Edition - Outside-C:ounty~,~=7:~:- [K]Part D
Ou~ide-County - Bundle Prices
Container level Bundle Level Bu dies
- D1~- ~bc:d ~~i~_rs _______ ·-- - ~ix:_d_AD_c _ _ ______ _______ .,,_,_ -- _ _ _ .•• 02·:-C Mixed ADC Containers ADC 2 --- -------·--· -·---- ____ ., ________ --·-···----- •-~- --·-- . . - -· D3.-, _ Mixed ADC Containers ___ _ ___ ___ 3-__ D_ig_itl_S_C_F _______ ____ ________ ··--- - _ 1 - - -. D'f 3-Dlgit/SCF Containers 3-Digit/SCF - ic.-. - - - -·---- - ···---·-····-·--·--·-- D 13 _· 3-Dlgit/SCF Containers 5-Digit ·- - --- 1----.. ------ -------- D1~-- Part D Tot~I (Add lines D1 [K]Part E
Outside-County - Sack and Tray Prices
- putside-County • Sack and Tray Prices
:·-Container Level
D18)
Entry
E33.: Mixed ADC Tray Origin Post Oflice/DMU
5 2 -
11 -.

Sack~/frays
2 E~?.· 3-Digi!/SCF_T_ra ___ y ____ ___ __. Origin PostOffice/OMU __ ..... - - ···- _ ··- __ _ 3 .

Price
--

0.7'68
0,884

0.420

0.478
Price

1.425

3.668
E55. PartETraySubtotal(AddlinesE30 _______ E54) -·-·--------- --·· ·----· -·- .• - ~ ~ ---· \ ,
· - G:2510
·---M360
,_:p :8840
.:!-2:1000 < ;. .. .
·o:s§sd
ji~i~.I
. ...... -1
Posta~ ,..,,,._..,..
2,~59_0~

11.0040'

13.8540 :y .
. : .. : 1i:-:
....... ... , ,. . :
.. . -
•• ~. C
....... •.. ..~·
PS Form 3541, January 2023. Facsimile calistogalribune39999 20230629 07 07•\!.6 Item #7.4.

Page 165 of 701 ends

NCQALink®

PROCESSING SUMMARY REPORT
..:

ACCUZIP INC.

Licensee Company Name
LBDT00000099AX4060
Customer PAF ID

FOLGER GRAPHICS INC
Maller Company Name
CALISTOGATRIBUNE39999
List Name

PROCESSES PERFORMED
p N
NORMAL
Processing Category
N y
Pre 1 Concurrent 2 Post 3 Standard OutplJt Return 4
s 20230629 0
Matching Logic 5 -------=---Data Returned 6 CI ass of Mail ./.''
,
20230629 20230629
. Date List Completed Date List Returned
890 31 6
Total Processed Total NCOA LlnkMatches Total ANK L r,k Matches CASS™ ,DPV®,LACSLink®,NCOALlnk®,ANKUnk®
Listing of all processes used in obtaining final results 1,2 N=None.
·. Y=Yes but wtth no data modifications
. · D=Yes, data modifications from sources other than postal data, '-P=Yes, data modifications from postal data only (i.e., ZIP+4, DP\/), S=Yes, data modifications from postal and other souice
3 N=None
Y=Yes but with no data modifications
D=Yes, data modifications from sources other tha.n postal data P=Yes, data modifications from postal data only (LACSUnk) B=Yes, data modif1C3!icns from postal and other sources 4 · Y=AJJ NCOALink required ouiput returned to cilent
N,.Post-prccesses modified return infomiaUon (le: updates applied to rist) B=Post-processes modified return infonnation ; however. separate file containing all required output data was also returned 06129/2023 07:07:54 AM
5 S=stanc!ard (Business, Im ivldual and Faml!y matChes allowed), !=Individual only, B=Busin1 ss only,
C=lndMc!ual and Business only, R=lndividual and Family Only 6 C=COA Data Returned wil , Footnotes and Sta6stics.

F=Footnotes only,
S=Stalislics only
7 A = First Class only
B = Periodicals only
- 1 of 1 •
C = Standard Mail only
D = Package Services on~
E = First-Class & Perfodia Is
F = First-Class & Standard Mail
G "' First-Class & Package Services
H = Periodicals & Standar< Mail
I = Perl Ddicals & Package ervices
J = Standard Mail & Paci<a e Services
K::::. First-Class, Periodical! & Standard Mail
L = First-Cia6S, Periodicals & Package Services
M = First.Class, Standard r ail & Package services
N = Periodicals, Standard I ail & Package Services
0 = First-Class, Periodical, Standard Mail,
Package Services
I J
•t ,• I
. '
Item #7.4.

Page 166 of 701 ends

United States Postal Service® 1. Requested In-Home Deli, ery Date 2. Drop Ship Appointment Nunib~~ Plant-Verified Drop Shipment (PVDS) (3-day window)
Verification and Clearance
? D -- 3; Mailer Name 4. FAST Scheduler ID 5. Mailer Contact Name 6. Mailer Contact Telephon'° ... (Include area codej
510-887 •5656

7. Origin Plant Location (City, stare, ZIP+4®) 8_ Check One CALISTOGA CA 94515 g:J Identical-Weight PieCE s . Weight of a Single Piece __ 0_~09201bt>.

D Nonid entical-Weight F ieces

9. Class of Mail 10. Product or Publication Title 11. Total Gross Weight ot SI ipment {Verified at origin office) I» Periodicals 0 Std . Mail or Names ! 8.3280
0 Package Services Calistoga Tribune

12. Type of Mail ProceSSing Category (Check all that appl_v) •!11 D International (Specify class) 0 Letters !Xl Automat :>n Compatible O Irregular Parcels ~ --~· ··------- 00 Flats 0 Machina ile Parcels □ Nonmachinable Pir,:'eis :, 13. Pallets a. No. Pallets b. No. Pallets c. No. Pallets d. No. F allets 13.e . Non-1::>auetized Cont3iners c . of Trays __ oofSacks __ oof Parcels __ o of Bund es __ o 8 c:, -,:;
«, § - i. 5-Digit 0 0 0 0 i. No. of Bundles
.S: t ·- ·-.. .. 0 ii. 5-0 Scheme 0 0 0 0 ii. No. of Trays .E @ 8 ,_ ·•-·-- -•.- ·--• •· .3? ll. iii. 5-DCR 0 0 0 0 iii. No. of s~cks ·;;; ~ ----- ...... -... ~ .. :i ~ iv. 5-D Scheme CR 0 0 0 0 iv. No. of Parcels ~~ --.. -··· V. 3-D 0 0 0 0 v. No . ot Air Boxes
§o ---··· ... ~
a~ vi. All Other
vi. No. oi 0 tl1er (DesctibeJ
I O .!!! 0 0 0 0 0

14. Entry Discounts Claimed ~ DOU 0 DNDC D DFSS 0 Mailing Includes Pieces for )elivery Outside Service, Area of Entry Office (Check all that apply) D DSCF □ DADC D International Service Center (ISC) [ l International:
"15. Comments -- Record SCF/ADCINDC/ASF designator{s) and ZIP Code(s) from the DMM label list for 1 ,ailing presented, or attach register.

DOU 945'\!i
16a. Contact at Company Making Drop Ship Appointment {if other than mailer and if known when complE ting this 16b. Telephone form)

17. Origin Post Office TM (City, state, and ZIP+4) 26a. Name of USPS~ Empl >yee 26b. Employee's Telephone N1.,mbar .. '{erlfying Malt (Include area code)
.. ,, . .., r .. '6' ··- . - :s. 18. Verified at: 26c. Signature of Verifying E mployee 27. Round Ste1m p (Requiredi ~ D DMU (Mailer's plant) D BMEU or-0
P0st Office
.,
; 19. Permit Number 20. Postag~Payment Method i ~~t 'for Pe.riodicaJ.s) !;. 8 □ Permit _ □ Stamped D Meter 26d. USPS Contact Name,(. 1 .other
~ 21. Total Pieces 22. Totai Weiglit Qf,MailiO-€J
than verifying employe ~
..
~ 23. Vehicle PVDS Seal Number 24. Vehicle LO Number C
:§>
0 25. Comments 33. Load Condition lrregulaJ 'ties {Check all that apply) ·- 0 Broken Pallets 0 Mailings are not separated b}'
- 28. Entry Office (Facllity name, address, city, state and ZIP+4 code as D Container Counts de not PS Form 81 25 ·s found in the Drop Ship Product.) match PS Form 812! D Overweight Pallets· ::) CALISTOGA ~- 0 Damaged M ail 0 Pallets Too Tall (I> 1013 WASHINGTON ST > D lm!Jroper M~il Mak01 p D Incorrect Ms1il Class ~ CALISTOGA CA 94515-9998 Q Note: Appointments with 100% Periodicals can be presented whenever the 0 Load Ur1safe d Other (Describe in ,:tem 32i :s __ .destination facility is open and staffed. Q. lnc0f'l'e9t Appointme ht Type II> . 29a. USPS ReceMng Employee_ 29b. USPSReee_lving Employee .., . 34. Scan the barcode upon ireceipt. . ... :
0 Signature Name· ....
1/l" . 0 . ~ -. 31. bate/Time.of Departi.Jre .. C' 30. Date/Time of Arrival .. •. ~
§ 32. Comments (NOTE: Enter bedload discrepancies as percentages and --= , (C pallet discrepancies as pallet counts.) C:
~
~
·- PS Form 8125, August 20"14 (NSN 7530-02-000-7255) .ACCUZIP(i "i.11.oo:

Item #7.4.

Page 167 of 701 ends

United States Postal Service(!;
PlantMVerified Drop Shipment (PVDS)
Verification and Clearance
. 3. Mailer Name 4. FAST Scheduler ID

1. Requested In-Horne DE livery Date 2. Drop Ship Appointmem Numt (3-day window)

5. Mailer Contact Name 6. Mailer Contact Te1
ephone · ·
(Include area code)
' 610-887-5656 J ~1--------------------'--------+---------+----'------------ • 7. Origin Plant Location (City, slate, ZIP+4<'!>) 8. Check One ,. CALISTOGA CA 94515 Kl Identical-Weight Pie ;:es. Weight ot a Single Piece ___ 0_A~~0 !,,s. 0 Nonidentical-Weight Pieces

9. Class of Mail
111 Periodicals O Std. MaH
D Package Services
D International (Specify dass}
1 0. Product or Publication Title
or Names
Calistoga Tribune

11. Total Gross Weight of ~hipment (Verified at -origin offic.aj

25.0240

12. Type of Mail Processin~ Calegory (Check al! that apply! 0 Letters 00 Autom, tion Compatible O Irregular Parcels 00 Flats O Machin 1ble Parcals O Nonmachinable Pol(c~]$: .(

13. Pallets
i. 5-Digit
a. No. Pallets
of Trays __ b. No. Pallets of Sacks __ c. No. Pallets d. No. Pallets 13.e. Non-Palletized Containers of Parcels__ of Bundles__ 7
i. No. of Bundles 1-----------------1-------+----------+-----I--•----------· -- ii. 5-0 Scheme ii. No. of Trays 7 iii. 5-0 CR ui. No. of Sacks
1----------------1-------+-----------+-----1------------ -·- iv. 5-0 Scheme CR iv. No. of Parcels 1-----------------1-------+----- ------+-----1---------- -- V, 3-0 v. No. oi Air Boxes . ' 1-----------------1-------+--------1-----1-----1------------:--;.-~ vi. No. of Ottler (Describe) vi. AIIO!he

14. Entry Discounts Claimed O DOU D DNDC D DFSS O Mailing Includes Pieces for Delivery Outside Service Area of Entrv O~ic·e (Check all that apply) □ DSCF O DA0C O International Service CEnter {ISC) CJ International: .,

15. Comments - Record SCF/ADC/NDC/ASF designator(s) and ZIP Code{s) from the DMM label list for mailing presented. or attach register. 16a. Con\act at Company Making Drop Ship Appointment (if other than mailer ;,nd if known when compl Hing this 16b. Telephone form)

17. Origin Post OfficeT"' (City, state, and ZIP+4) 26a. liJanie of USPS® Emp pyee :Verifying Mal!
26b. Employee's Telephone Nllm~er
(Include area code) - · :. -=.: '
i 18. Verified at: ~ 26c. Signature of Verifying ! :mployee 27. Round Stamp (Required} ·• ~ 0 DMU (Mailer's plant)
l!: !!l 19. Permit Number
i
Q BMEU or PQlrt Office

20. Postage-Paym!Mlt Method
(Except tor Periodicals)
□ Permit □ ~mped □ Meter 26a. USPS Contact Name t I other ----------'- -+-----=-- --'-------- than verifying-emp/0}-e ~ ·~ 22. Total Weigbt of Mailing a,
~ -- 21 . Total Pieces
0 ~ 23. Vehicle PVDS Seal Number
-= .S=>

24. Vehicle ID Number
q 25. Comments 33. L:0ad e ondition Irregular ties (Check all that apply) 0 Broken Pallets
~ 28. Entry Office (Facility name, address, city, state and ZJP+4 code as C Container Counts do not e found in the Drop Ship Product) match PS Form 81 21
::::i CALISTOGA O Da eel M ~ ~ 1013 WASHINGTON ST · mag a ~ CALISTOGA CA 94515-9998 0 Improper Mail Maket IP
.! Note: Appointments with 100% Periodicals c.in be presented whenever the □ Load Uils:afe D Maifings are not separated ~1
PS Fenn 8125
D Overweight Pallets
0 Pallets Too Tall
D Incorrect Mail Class
0 Other (Describe in item 3?.I
o . destination iacility is open and staffed. 0 Incorrect Appointme1 It Type i f-29a--. US __ PS_ R_ece-~,v-in;...g-'E'-m- pt, - oy_ee __ --r29- !b-. _U_S_P._S_R_ec_ e_ivl_ng_ Em __ p_lo_yee __ -+_34 ___ s_c_a_n_the _ _ ba_~_cod _e_u-pon-t-e-c-e-ip_t. ___________ ..,,--,-. "~ o Signature Name
-"'
~ ~ 30. Datemme oi Arrival
C
31 . Date/lime of Departure
I.LI
C
.9
iii
.E
..
a,
Q

32. Comments (NOTE: Enter bedload discrepancies as percentages and pallet discrepancies es pallet counts.)
PS Aorm 8125, August 2014 (NSN 7530-02-000-7255) l
I\CCUZIP6 5.11.00.

Item #7.4.

Page 168 of 701 ends

.• , UNI.TEDSTJJTES
POSTL!L SERVICE®
CASS™ Summary Report
_,,,!
This fo,m may be generated a the output of address matching processing using CASS Certified"' softv1a in conjunction with current USPS$ address database fii8s. Any facsimile ust contain the same information in the same format as the printed form.

See DM,_,,, S~n 602 form e information.

A. Software 1 ~-·

1. CASS Certified Company Name
ACCUZIP INC.
~ ·4_ Z4Change Certified Company Name
c(
,.,,

2. CASS Certffied Software N me & Version
ACCUZIPS 7 .00.00.0

5. Z4Change Certified Softwa Name & Version

3. Configuration
AAA

6. Configuration
o ~1---- 7. eLOP ----- Certified Company ----------------1------- Name 8. el OT Certified Software ---Na ---------------- e & Version 9. Configuration ACCUztP INC.
i 1. MASS™ Certified Company Name
(I)
. (IJ
< :i

1. List Processor's Name

FOLGER GRAPHICS
2339 DAVIS AVE.

HAYWARD, CA 94545

4. List Name or ID No. (If using ID No .• number must start with ID #) CALISTOGA TRIBUNE39999.DBF
Output Rating
,i.~.-ZIP + 4/DPV ► '5-t Confirmed
b.Z4Change ►
Processed

1. Total Codad 2. Validation Period
From To
ACCUZIP6 7.00.00.0 AAA

2. MASS Certified Software N me, Version & Model No. 3. Configuratian

4. MLOCR Seri21 No.

2. Date List Processed 3. Date of Database Product Used-- a. Master File a. ZIP + 4• File
Oo/29/2023 06/01/2023
..,b,__-=z4""c"'h,_a_n_g_e _______ .....,bc-_-=z4..,.c""h,-a_n_g_e ______ t': ~t~ c. eLOT
06/2912023
d. CRIS
06/29/2023

5. Number of Lists
Output Rating
C, 5-Digit Coded
d, CRRT Coded
1 ►
►
e. eLOT Assigned ►
c. eLOT
06/01/2023
d. CRIS
06/01/2023

6. Total Records Submitted fur
Processing
906
1 Total Coded 2. Validation Period.'
From To
905 06/29(.!023 0211Qff:~.i
From To ~
893 06/29/2023 09/30/20?..3
From To •~*:i 891 06/29/2023 0913otn)¥
D f Mailer 1 ••• • ••
I certify that the malling submitted with this form has been ceded (as indicated above) using CASS Certified software meeting aH of the requirements listed in the DMM Section 602.

1. Mailer's Signature
,Q;.. Qualitative Statistical Summary (QSS)

2. Date Signed
06/2912023

3. Name and Address of Mailer

FOLGER GRAPHICS
2339 DA VIS AVE.

HA YWAR0, CA 94545
-· ~/i For lnformaUonal Purposes Only: QSS is solely made available for the list processor's review and an ~ .... considered by the U.S. Pos1al Service• personnel in cletennining rate eligibility under any circumstance~ ~ High Rise Default High Rise Exact RR Default RR Exact LACS.,_ g~ 5 79 0 0 1
'
Privacy Notice: For information regarding our Privacy Policy, visit l PS Form 3553, September 2022
I ' •
....... -.
ilysis. This informatiOn is not to be fJ~~~i . See reverse for a detailed explanaf~(:i · EWS Suite"'~ ·-
0 *-~ ' .. ~
="'"':'~ .... -
SPS.CO~. .. :.::, -
Item #7.4.

Page 169 of 701 ends

~IANDARDIZEO DOCUMENTATION -1~1~
PERIOOiCALS CARRIER ROUTE FL.A. TS ' IAP OPTION 1 ZC-20230601 ACCUZIPo'S'." ....

Repd[t:~ SPS Qualification Report Mailer: ,~fo ~~:::-"'-~! Entry: . CALISTOGA CA Mail JO: calistogatnbune3' 999 20230629 07:07:59 Sort: Periodicals Cartier Route Flats - 207.23.4 Date: 06/29/2023 Pub#: 20698 Edition:

CONTAINER. INFO PKG/GRP INFO RATE CA TE GORY INF b RMATION .. Ru No. Total Level 1 ZIP No. Oesllnatlon Zone ws HOi' HO CR 5B so 3B 30 ~ AD MB MD 88 es Prsrt 1,~. 81 CRO 94515 1 94515 coo, ICO 60
'I'~
i% ;
2 94515 C001 ICD 21 ~~ .,~ -~~- 102:CRO 1 1
2 ' i94515 94515 C002 ICD 60 ~Ck✓-- l . • -
' 2 ,94515 C002 ICD 42 ... :
3·;- --, 24CRO ,94515 1,94515 C002 !CD 24 -. -.
4 ·•. 90CRO 94515 1 94515 C003 ICO 60 ~~ft.~_,, . . 21
94515 C003 ICO 30 ., _ .... "" •'
5 11o;CRD 94515 1 j94515 C004 ICO 80 -j;;,---=-
I 2 94515 C004 ICO 50
92CRD j94515 11
94515 = · 6 R001 M 60
2 ,94515 R001 M 32 -- 7 97 CRD 94515 1 ;94515 R003 ICO 60 ,J; -, ," 2 :94515 R003 ICO 37 ·!,-· ••It '-: ' ., 8 , 38CR5 •94515 1 94515 B001 ICO ~ - ·· : ' 10 ¥I ~
~~ 2 94515 8002 ICO 9 . -- 3 94515 B005 ICD 6
! 4 94515 B009 ICD 1 I
. 5 94515 8010 ICD 6 . (
..
634 f
RA TE SUMMARY Outside-County Container Summary (707 .2.1.9) Outside County Bundle Summary (707.2.1.8) .. carrier ll<Nte 0 FIRM . ·- · 0
ECR ~ ic (CR) 634 5-0i.git 0 carrier Route ~ G~NO OTAL 634 3-D.igit/SCF 0 5-0.igj.t ~ ... · ~ :.,) . ' ADC 0 3-0igit SCF •.t-0•
Mixed M>C/CHX 0 ADC e , .
. •, Mixed .;: l\l C/<::MX ~ . . ~CONTJlllllERS:
! 0
TOT>.LBI r?IDU:S: '••~tl~ ,: ... .. ·• -- i -·
' !
i " •:
,: . .
' . - ' ·~ -.., . -. ~:;,;, "X:J. •r:,. C:
..
: ! - :
.
:!;:~ ~§;1. --~~ ·:: ..r. • , ·". , i }~;,t:!.!:';
... " I .. !C\
-· :-~~·
"""'t• '-~-
~ .. " ..

I
J ••
' . . . '\·!}~~~ .
. - Page: 1 of 2 •
Item #7.4.

Page 170 of 701 ends

..., ,,....,1,1AKUl(:fO DOCUMENTATION -. PERIODICALS COTRA YEO FlA TS • OPTIONAL TRAY PREPARATION :AP OPTION 1 ZC-20230601 ACCUZlP.6._5. .. ~·· -.-:._ . .. .: ~eport: USPS Quaflfication Report Mailer: ·+•••-,•- Entry: CALISTOGA CA 94515 Mall ID: calistogatribune3 ~9 20230629 07:07:59 v• Sort: Periodicals Cotrayed Flats • Optional Tray Preparalion • 705.9.2 Date: 06/29/2023 .

Pub#: 20698 Edition:
•· . - .. CONTAINER INFO PKG/GRP lNfO RATE CATEGORY INF) RMATION .Rl No. Total l Levelj ZIP No. I Destination Zone ws HOP HO CR 5B 50 38 30 AB AD MB MIO ss BS Prsrt 9 341
5OG j94515 1 94515 IC 25
94515 IC 9
10 30.50G 194574 1 i9-4574 IC 29 L . 194574 JC 1 I
11 5230G ,945 1 $94559 94559 IC 8 ! .. ,\ ' 2 94558 IC 16 .. ,t.1Jf,}. •. l j94S58 IC 1
I
3 94599 IC 8
' 4 1
945 M 18 I
'945 M 1
12 37-300 954 1 ,S95401 95401 1/2 1
.J I
95403 1/2 6
.. ;-~ 21 S95405 95404 1/2 5 . ..J'~• I 95405 1/2 3 ....L:. ;.,; ' 95409 1/2 ~. ( .•
31954
6 . I
I 1/2 16 . .. .,.
29'.SCF - 13 940 1 940 1/2 9 I 2!941 1/2 9 t
-·· I 3i949 1/2 11 --i,--- • ~
-·· 1s;ow.x , ,S956 - ··:.'-----=-9 14 ,945 956 M 10
- - ' 957 M 2 - -~,, ·,:a : ! I 958 M 1 - ·- 2i'. I I ·- :
lssse
959 M 1 ~. i 960 M 5 ii! I I
I 959 M 1 !If l
2 1A945 1/2 6 ~
I 3/ASso 1/2 . -··· - ...
i 5 ~1 i IA950 1/2 1 . . :. ~-- B~:
4M~ M 44 ao· • .1:::
15 13fMAOc194s 1 IM945 8 13 9Gi
107 10 82 3 1 1 57 gt)~
RA TE SUMMARY Outside-County Container Summary (707 .2.1.9) Outside ~ounty Bundle Summary (707.2 .1.8) ' Cc1rrier Route 0 Fll'M jO
Auto~tion 5-0lgil {58) 107 5-Dj,git; 0 Carri.er Route 0 Aulom.:~n 3-Digit (38) 82 3-0i git/ SCF 3 S·Dig~t !•2
Automation AAOC (AB} 11 ADC 0 3-Digiti $CF ' . ;:,
Auloc\'~ Mixed MOC {MBJ 57 Mi.>ced. ADC/a« ~ 2 ADC I 2
PresM=?c! 5-Digit (50) 10 Mixed;,I: ':./CMX. I ~ -·
Presorted 3-0igit (30) 3 !l'OTAL CO!ffAINERS: 5 I
ADC (!~6) 1 ~ac :-OU:S : l~
~ G~·No TOTAL
T- . . . 271
-I·
..
. :.::
~- l. -::, .. . , i ,;.

I i' :
' I :-.:;.: ~ - ~ : I
I ·-.•
..
.. , .. .
---. . . :.:; ... - --.-
~-
.. ,.. ,.
~-j. . '·~
(':.,• ;·,,
1,~ - Page; 2 of 2 • • ; !t. ,. _ l.
7 Item #7.4.

Page 171 of 701 ends

·-PERIODICALS CONTAINER ANO BUNDLE CHARGE REPORT (OMM 707.2.1.8 & 707.2.1.9) ~ AP OPTION 1 ZC-20230601 ACCUZIPS~- Entry: CALISTOGA CA 94515
Edition:

Publications: CALISTOGA TRIBUNE
Pllblication No.: 20698
Containers
Number Level Type Entry
1 CRD Flat Tub DOU
Charge Count
Mailer;
Mail ID: calistogatribune35 999 20230629 07:07:59
Date: 06/29/2023
Bundles
ZIP Code Level Re e Copies Charge Count
94515C001 CRO CF 60 N/C
---------------------------------;------------------ 94515C001 CRD CF 21 N/C - · - --------------------+-----------+------------ - ·- 2 CRD Flat Tub DOU 9451SC002 CRD CF 60 N/C ---------------------+----------+------------ 94515C002 CRD CF 42 N/C ,~ 3 CRD Flat Tub DOU 94515C002 CRO CF 24 NFC
4 CRD FlatTub DOU 94515C003 CRO CF 60 N/C ---------------------+-----------+------------ -----· 94515C003 CRO CF 30 N!C --------------------------------------------- 5 CRD Flat Tub DOU 94515C004 CRD Cf; 60 N/C 94515C004 CRD Cf; 50 N/C -----------------------,f----------+------·------- 6 CRD Fial Tub DOU 94515R001 CRD Cr 60 N/C -----
_______________ ---------------------------1- ________ ----------· s_45_1_sR_oo_1 __ c_R_D __ c_:f;-+----3_2 ____ N_Ic _____ .~;,• , 7 CRD Flat Tub DOU 94515R003 CRD Cf; 60 N/C ····- - ----------------------,f----------+----------· --·- 94515R003 CRD CR 37 N/C ---------------------------------1----------·--·- 8 CR5 Flat Tub DDU 94515B001 CRD CR 10 N/C ---- ----------------------------1--------- -·-- ~ 945158002 CRD CR 9 N/C .. ---------------------------------1------------ 945158005 CRD CR 6 N/C ----------------------------------+- 945158009 CRD CR -------- 7 N/C --- ---------------------+------------------------ 94515B010 CRD CR 6 N/C -------------------------------11-----------·-··-·· 9 5DG Flat Tub NONE 94515 5DG 5B 25 N/C 94515 50G 5D 9 N/C
10 5C>G Flat Tub NONE 94574 SDG 58 29 N/C
----------------------------------,1--------------- 94574 5DG 5D 1 N/C 11 3DG Flat Tub NONE $3.668 94559 500S 5B 8 N/C ---------------------+----------1-------------- 94558 5DG 30 1 N/C . ·----------------------------------+---------- ---- 94558 500 5B 16 N/C 94599 50G 5B 8 N/C ----------------------1-----------1-----------·-- 945 30G 3B 18 $0.420 1 945 300 30 1 -------------------------------+--------------· 12 3DG Flat Tub NONE $3.668 2 95401 5DGS 58 7 $0.478 2 95405 5DGS 5B 14 $0.478 3 ---------------------t-----------+------------- 954 3DG 3B 16 $0.420 4 ---------------------------------+-----------· 13 SCF Flat Tub NONE S3.668 3 940 30G 38 9 $0.420 5 - ----------- - - - ------+-94_1 _____ 3DG ___ 3_B-l-____ 9 ___ $0_._42_0 ___ 6l 949 3DG 38 11 S0.-420 - ---------------------lf----------t------------··-- NONE $1.425 4 956 3DGS 3B 19 $0.884 8 7 14 OMX Flat Tub
956 300S 30 1 -----·----------------t-----------+----------·-- 945 ADC AB 6 $0.768 9 - --------------------t--------- --+------------- 950 ADC AB 5 $0.768 10 ---------------------+-----------1-------------- 950 ADC AD 1 945 OMX MB 44 - --------------------t-----------+---------·-·- -- 945 MADC MB 13 S0.251 11
15 MADC Flat Tub NONE S1.425 5
------------ ---------+----------------------·-
-Page: 1 -
Item #7.4.

Page 172 of 701 ends

PERIODICALS CONTAINER AND BUNDLE CHARGE REPORT (DMM i'07.2.1.8 & 707.2.1.9) Z '\P OPTION 1 ZC-20230601 ACCUZIP6 5.1 Entry: CALISTOGA CA 94515
Edition:

PubUcatiOns: CALISTOGA TRIBUNE
Publication No.: 20698
Cont.iners
Number Level Type Entry Charge Count
Sack/Tray/Pallet Totals: $ 13.8540
Outside-County Container Summary:
(DMM 207.2.1.9)
FSS
Carrier Route
5-Oigit
3-Digit/SCF
AOC
MiXed ADC/OMX
Total Containers:
3 2
5 5
Nailer.

Mail ID: calfstogatribune39 )99 20230629 07:07:59
Date: 06/29/2023
Burnffes
ZIP Code Level Ra~ Copies Charge
Bundles Tota s: 905 $ 5.7270
Outslde-Coun1 ~ Bundle Summary:
(DMM 207.2.1.1)
FIRM
FSS
5-Digit/Carr(er F< pule 2
3-Digit/SCF 6
ADC 2
Mixed ADC/OM 1
Total Bundles: 11
- Page: 2-
I
Count
11 .

Item #7.4.

Page 173 of 701 ends

PACKAGE REPORT
Report P.ack.ing R&port
Entry: CALISTOGA CA
Mailer:

Mail ID: calistogalribl ne39999 20230629 07:07:59
Date: OS/29/2023
Periodicals Carrier Route Flats - 207.23.4

CONTAINER INFO PACKAGE INFO
'
·-
r:c
i·
Cont# Type , Level I ZIP I Total Lbs. 1 Length No. , Type ; Level ZIP Total Lbs. ' 2 T CRD
3 T CRD
4 T :CRO
5 T CRO
6 T CRD
'
7 T CRO
8 T CR5
I
:
60 21 '

5.520
1 932
' 94515 1 ao 1i P l cRo 9451sc 02
,---··--------+---,----------- ·- - I

5.5201 e.ooo" 60 : 5 520'

3.864, I 102 9.384 j 10.200" 21 94515C >02
- p : CRO 42 :
s451s I 24 2.208 j 2.400 " p , CRD 94515C 102 24 2.208
94515
194515
I
94515
194515
I
I so
f---'
110

5.5201 e.ooo ·

8.2801 -- 9.000 •
__ __ s.52< 6.000 .. I_ 11

10.,201 11.000 "I -;i
p .CRD
p :cRO
p CRO - -~· - ... - p 1CRO
i ____ e_o __ ; ___ s_.s_2_0~!-__ s_.o_oo_· ____ ,-"---- p ;CRO p CRO
L
I
601 5.520 I 6.000 • - I ---- 1· - -- - - 97 8.924 1 9.700 • 1 . -t
2 1
p C!RD
·- p CRD
i 10, 0.920 , 1.000" p (cRD
94515C 03
9<1515C 04
I 94515C 04
, 94515R 01
94515R(03
94515R(03
945158( 01
60 ,.. .... -- -- 30 ;
80 - - 50
60 ' -- ·- -- . 32 .
60 37
10 5.520' -.

2.760

5.520
4 600

5.520· ·-- · 2.944'

5.:520:

3.404
0,920
19• 1 p .748 1 1.800 " 21 i CRD t 94515BC P2 , 9 0.828 1---------1------1----'---------'---- i,--. - - ------ w • •• ___ 2s_,;
1 ___ 2_soo_ : __ 2. _ 500_• -·-2f-P- ~ ~D j 9451~acp_~--.. r- - ~:- _0~~2.!.. 321 2 944 j 3.200 • 4 P CRD 945158( )g 7 0.644
i----sa-;~--3-_4-9s-1l1----a.-ao-o-1" --;r p icRo l-94- 51_5_80 o --- -;; - o.~is2 ACCUZIP65
R~
Length

6.000 •
2100"

6.000"

4.200 "

2.-400"

6.000"
sooo··

6.000"

5.000"
6000 ' · .. - ..

3.200"
5000 "

3.700"

1.000"
0900 "

0.600 "

0.700 "
o.soo•·
I
·- ·-
___ ..,_ ·-
... ...

U - Llnderfilled Container (Banding required) - Page: 1 of 3 - G - Group based; P - Package based Item #7.4.

Page 174 of 701 ends

.-A1;AAGE REPORT
Report: P.acking Report Mailer:

Entry: CALISTOGA CA 94515 Mail ID; calfstogatribt ne39999 20230629 07:07:59 Periodlcals Cotrayed Flats - Optional Tray Preparation• 705.9.2

CONTAINER INFO
Date: 06/29/2023
PACKAC: E INFO
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Item #7.4.

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PACKAGE REPORT ACCUZfP6 !
Report: P.aciclng Report Mailer:

Entry: CALISTOGA CA 94515 Mail ID: calis!ogatrib1 ne39999 2023062g 07:07:59 Date: 06/29/2023
CONTAINER INFO P ACKA<: E INFO
I Cont# I Type I Level I ZIP l Total I Lbs. 1 Length No. ! Type I Level 1 ZIP Total ' Lbs. Length l I 999999U I j 00000 I 1 j 0.092
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Page 176 of 701 ends

ZONE SUMMARY REPORT (707.17.6.2.b) ACCUZIP6!
Report: Zor:,e Summa,,y Repoct Mailer:

Mail 10: calistogatribu e39999 20230629 07:07:59
Date: 06/29/2023
Zone Copies
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Item #7.4.

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_,..,,,.~ vcl AIL REPORT {707.17.6.2.a) ACCUZIP6!
Report: Zone Detail Report Mailer:

Mail ID: calistogatnbu1 e 39999 20230629 07:07;59
Date: 06/29/2023

ZONE DETAIL
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.c.Vl"-1: L>ETAIL REPORT {707 .17 .6.2.a) ACCUZIP6
Report: Zo~ Detail Report Maller:

Mail ID: - calistogatribu e 39999 20230629 07:07:59 --· . • v O.ite: 06/29/2023

ZONE DETAIL
3-Oigit 1CD IC DOU SCF ADC 1/2 3 4 5 6 7 8 TOT.
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Item #7.4.

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EXHIBIT3

MASTER AGREEMENT FOR CONSULTANT SERVICES
This Master Agreement for Consultant Services (the II Agreement") is made and entered into this _____ day of _ _____ , _, by and between THE CJTY OF CALISTOGA, a municipal corporation (hereinafter referred to as 11CITY") and - ------ - ------------- - - ---[a.tole proprietorship, partnership, limited liability partnership, corporation, limited liability corporation] (hereinafter referred to as 11CONSULTANT"). CITY and CONSULTANT may be referred to individually as .. Partf' and collectively as the ~'Parties."

RECITALS
WHEREAS, CITY requires _ _ _ _ _ ___ services in connection with the WHEREAS, CONSULT ANT is qualified to perform such services; and WHEREAS. CONSULT ANT has agreed to provide CITY with such services on the terms and conditions set forth herein.

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

ARTICLE 1 - SCOPE OF SERVICES

1.1. Scope of Senrices. CONSUL TANT agrees to fwnish services pursuant to a Task Order in the form set forth in Exhibit A, Task Order, which is attached hereto and incorporated herein (the 0
Services11).

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

1.3. Time is of the Essence. CONSULTANT agrees to diligently prosecute the Services. In the performance of this Agreement, time is of the essence. 1 .4. Professional Competence. CONSULT ANT represents that it has the professional skills necessary to perform the Services and that it will perform the Services in a skillful and professional maimer. CONSULT ANT represents that it has all the necessazy licenses to perfonn the Services and shall maintain them throughout the term of this Agreement.

CONSUL TANT agrees that the Services shall be performed in the manner and according to the standards obseIVed by a competent practitioner of the profession in which CONSULT ANT is engaged, in the same or similar geographical area in which CONSULT ANT practices its professio~ and will prepare all work products required by this Agreement in accordance with such standards. CITY and CONSULT ANT agree that CONSULT ANT is in responsible charge of the Services and CITY shall have no control over the method or means of performance of the Services. Acceptance by CITY of the OAK #487S-.5499-7017vl (Rev. 9/W21)
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Services does not operate as a release of CONSUL TANT from professional responsibility for the Services perfonned.

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

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

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

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

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

ARTICLE 2 - COMPENSATION

2.1. Compensation. Compensation for the Services shall be in accordance with the rate and schedules specified in a Task Order. However, in no event shall the amount the CITY pays to CONSUL TANT for work done under a Task Order exceed the total compensation specified in the Task Order ("Cost Ceiling'').

OAK 1148 78-5499-70 I 7"V I (Rev. 9/201 I)
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2.2. Invoices. CONSULTANT shall submit monthly invoices in a form satisfactory to CITY on or before the tenth day of each month for Services provided during the preceding month. CONSULT ANT shall submit time and cost records as necessary to substantiate performance of the Services. Within 35 days after receipt of each such invoice, CITY shall verify the accuracy of the invoice, correct the charges where appropriate and as discussed and mutually agreed with CONSULT ANT, and make payment to CONSUL TANT in an amount equal to the amount of such invoice, as verified or corrected by CITY. No payment hereunder shall be construed as evidence of acceptance of any of CONSULTANT's work. CITY reserves the right to withhold payment from CONSULTANT on account of Services not performed satisfactorily, delays in CONSUL TANT's performance of Services, or other defaults hereunder. CONSULT ANT shall not stop or delay performance of the Services under this Agreement on account of payment disputes with CITY.

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

2.4. Withholding. In lieu of holding retention, CITY shall withhold CONSULT ANT's final payment under a Task Order until the Services provided under that Task Order are complete and CITY has received all Documents. CONSULT ANT shall diligently continue and complete performance oftbe Services if the Services are not complete at the time CONSUL TANT has performed services up to the Cost Ceiling.

ARTICLE 3 - TIME OF PERFORMANCE

3.1. Effective Date. Titls Agreement shall become effective upon execution of the second signature and shall remain in full force and effect until ______ (the "Term").

Notwithstanding the foregoing, this Agreement may be extended for successive one-year term(s) upon mutual, written approval by the City Manager or his/her designee and CONSULT ANT. Work authorized by a Task Order shall be performed in accordance with the schedule set forth in the Task Order.

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

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

3.4. Other Remedies. Nothing in this Article 3 shall be deemed to limit the respective rights of the parties to terminate this Agreement for cause or otherwise to exercise any rights or pursue any remedies which may accrue to them.
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ARTICLE 4 - DESIGNATED CONTACTS

4.1. CITY Contact. CITY designates _ ______ , its _______ , as its contact who shall be responsible for administering and interpreting the terms and conditions of this Agreement, for matters relating to CONSUL TANT's performance under this Agreement, and for liaison and coordination between CITY and CONSUL TANT. In the event CITY wishes to make a change in CITY 's representative, CITY will notify CONSULT ANT of the change in writing.

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

ARTICLE S - INDEMNIFICATION AND INSURANCE

5.1. Indemnification. CONSULTANT shaR to the fullest extent allowed by law, with respect to claims, liability, loss, damage, costs, or expenses, including reasonable attorney's and expert witness fees, awards, fines, penalties, or judgments, arising out of or relating to the Services (collectively "Claims") that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, defend, indemnify, and hold harmless CJTY, its Officials, officers, employees and agents (the "CITY Parties11), except to the extent the Claims are attributable to CITY Parties' gross negligence or willful misconduct. CONSULT ANT shall defend the CITY Parties as required by California Civil Code Section 2778, and with counsel reasonably acceptable to those parties. CONSULT ANT shall have no right to seek reimbursement from the CITY Parties for the costs of defense.

If CONSULTANT is a "design professional," as defined in California Civil Code Section 2782.8( c ), CONS ULT ANT shall indemnify, defend, and hold the Ind.emnitees harmless against Liability only to the extent such Liability arises out of, pertains to, or relates to CON SUL TANT' s negligence, recklessness, or willful misconduct. In such an event, the cost to defend charged to CONSULTANT shall not exceed CONSULTANT's proportionate percentage of fault.

The obligations contained in this Section 5 .1 shall survive the termination of this Agreement for whatever cause for the full period of time allowed by law and shall not in any way be limited by the insurance requirements of this Agreement.

5.2. Health and Safety. CONSULTANT may perfonn part of the Services at sites which contain unknown working conditions and contaminated materials. CONSULT ANT shall be solely responsible for the health and safety of CONSUL TAN Ts employees dming the performance of the Services. ·
5 .3. Insurance. CONSULT ANT and all of CONSULT ANTS employees, subcontractors, consultants and other agency shall procure, provide and maintain at all times during the performance of this Agreement, and for such additional periods as described herein. the -4-
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insurance listed below with insurers licensed to do business in the State of California and with a Best's rating of no less than A;Vll.

A.

B.

C.

D.

E.

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

Commercial General Liability Insurance. Commercial General Liability Insurance, with limits providing a minimum amount of$1,000,000 combined single limit coverage for each occurrence, $2,000,000 general aggregate and $2,000,000 products/completed operations aggregate. The insurance shall cover all operations including but not limited to the following: (1) premises, operations and mobile equipment liability; (2) completed operations and products liability; (3) contractual liability insuring the obligations assumed by CONSULTANT in this Agreement; (4) broad fonn property damage liability; (5) personal injury liability endorsement, including death; and (6) automobile bodily injury and property damage insurance~ including a11 owned, hired and non-owned equipment.

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

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

Policy Terms. Concurrently with execution of this Agreement, CONSULT ANT shall provide CITY with Certificatc:s oflnsurance evidencing that CONSULT ANT has obtained or maintains the insurance required by this Section

5.3. The Certificates shall be on forms acceptable to CITY. CONSULTANT shall also furnish CITY with original endorsements with the following documentation:
• Precluding cancellation or reduction in coverage before the expiration of thirty (30) days after CITY shall have received written notification thereof from CONSULT ANT by United States mail;
• Providing that CONSULTAN'Ps insurance shaU apply separately to each insured against whom claim is made or suit is brought, and include a "separation of insureds" or «severability" clause which treats each insured separately, - 5 - OAK #4378·5499-7017vl (Rev. 9/2011)
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except with respect to the limits of the insurer's liability (cross-liability endorsement);
• Excepting CONSULT ANT'S professional liability insurance, naming CITY, its City Council, boards. commissions, committees, officers, employees and agents as additional insureds ("Additional Insureds"); and • Providing that for any claims relating to CONSULT ANT's services hereunder, CONSULT ANT's insurance coverage shall be primary insurance with respect to CITY, its City Council, boards, commissions, committees, officers, employees and agents, and that any insurance or self-insurance maintained by CITY for itself, its City Council, boards, commissions, committees, officers, employees and agents shall be in excess of CONSm.,TANT's insurance and shall not be contributory with it.
• It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverages requirements and/or limits shall be available to the Additional Insured, including but not limited to any umbrella or excess insurance.

Furthennore, the requirements for coverage and limits sha11 be the greater of:
(a) the minimum coverage and limits specified in this Agreement; or (b) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.

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

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

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

ARTICLE 6 - NOTICES
All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by facsimile or reputable ovenright courier and shall be deemed received upon the earlier of: (1) if personally delivered, the date of delivery to the address of the person to receive such notice; (2) if delivered by Federal Express or other - 6 -
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overnight courier for next business day delivery, the next business day; (3) if sent by facsimile, with the original sent on the same day by overnight courier, the date on which the facsimile is received, provided it is before 5:00 P.M. Pacific Time; or (4) if sent electronically, the date of delivery on the confirmed read receipt. Notice of change of address shall be given by written notice in the manner described in this Article 6. Rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given sha11 be deemed to constitute receipt of the notice or communication sent. Unless changed in accordance herewith, the addresses for notices given pursuant to this Agreement shall be as follows:

Ifto CITY: Laura Snideman, City Manager
1232 Washington Street
Calistoga, CA 94515
Email: [email protected]. us
Phone: 707-942-2806
If to CONSULT ANT: ___ _
Phone: ------ Facsimile: ------
ARTICLE 7 - MISCELLANEOUS

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

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

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

CONSULTANT may not employ any CITY official, officer or employee in the -7-
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performance of the Services, nor may any official, officer or employee of CITY have any financial interest in this Agreement that would violate California Government Code § 1090 et seq. CONSULT ANT hereby warrants that it is not now, nor bas it been in the previous twelve (12) months, an employee, agent, appointee, or official of CITY. If CONSULT ANT was an employee, agent, appointee. or official of CITY in the previous twelve months, CONSULT ANT warrants that it did not participate in any manner in the forming of this Agreement. CONSULT ANT 'Wldetstands that, if this Agreement is made in violation of Government Code § 1090 et seq., the entire Agreement is void and CONSULT ANT will not be entitled to any compensation for CONSUL TANT's perf oanance of the Services, inducting reimbursement of expenses, and CONSULT ANT will be required to reimburse CITY for any sums paid to CONSULT ANT i.mder this Agreement. CONSULT ANT understands that, in addition to the foregoing, penalties for viQlating Government Code §1090 may include criminal. prosecution and disqualification from holding public office in the State of California.

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

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

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

7.4. No Assignment. The Services are deemed unique and neither party shall assign, transfer, subcontract or otherwise substitute its interest in this Agreement or any ofits obligations hereunder without the prior written consent of the other party. As limited by this Section 7 .2, this Agreement is to be binding on the successors and assigns of the parties hereto. 7 .5. SlWere.bility. If any part of this Agreement is determined to be unconstitutional, invalid or beyond the authority of either party, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement can be interpreted to give effect to the intentions of the parties.
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7.6. Counterparts. This Agreement may be signed in counterparts and, when fully signed, such counterparu shall have the same effect as if signed in one document.

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

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

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

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

7.11. Authority. Each individual executing this Agreement on behalf of one of the parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such party and that this Agreement is binding on such party in accordance with its terms. 7 .12. Third Parties. Nothing contained in this Agreement shall create a contractual relationship with, or cause of action in favor of, a third party against either the CITY or CONSULTANT. CONSULTANT's Services hereunder are being performed solely for the benefit of CITY. CITY shall be an express third-party beneficiary of all contracts between CONSULT ANT and any subcontractors or subconsultants in connection with any services performed in connection with, or in furtherance of, this Agreement. [Signatures on Next Page]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.

CITY OF CALISTOGA
By: _ _ ____________ _ Date _______ _
Laura Snideman, City Manager

CONSULTANT
By:. _________ _ ___ _ Dare _______ _
By: _____________ _ Date ____ ___ _
Attest:

By: _ _______ _
Mami Rittburg, City Clerk
Approved As To Form
By: ______________ _
Michelle Marchetta Kenyon, City Attorney
OAK#487S-S499-7017vl (RGY. 9/2021)
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OAK #4818-2196--05!2 vi

EXHIBIT A

TASK ORDER
Item #7.4.

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SECTION 1 - PURPOSE
TASK ORDER NO. __ _

CITY OF CALISTOGA
AND
The purpose of this Task Order is to authorize and direct _ _____ to proceed with the work specified in SECTION 2 below, in accorda.nce with the provisions of the Master Agreement for Consultant Services between the City of Calistoga ("CITY'') and ____ _ ("CONSULTANT") hereto dated ______ ("MASTER

AGREEMENT')
SECTION 2 - SCOPE OF WORK
The items authorized by this Task Order are presented in Attachment "A"' - Scope of Services, which is attached hereto and fncorporated by this reference.

SECTION 3 - COMPENSATION AND PAYMENT
Compensation shall be as provided in the MASTER AGREEMENT. Compensation for services as set forth in SECTION 2 shall be as set forth in Attachment .. B" - Compensation, which is attached hereto and incorporated by this reference. Total compensation for all services provided under this Task Order shall not exceed ____ ____ ($ _ _ __ _, ("Cost Ceiling").

SECTION 4 -TIME OF PERFORMANCE
The services described in SECTION 2 of this Task Order shall be completed by _ _ _____ or as extended in writing by the City Manager.

SECTION 5 -ITEMS AND CONDfflONS
All tenns and conditions contained in the MASTER AGREEMENT are incorporated by reference and remain in full force and effect.

Approved this ___ day of _ ___, __ _
[Signatures on Next Page]
- 2 -
OAX#4878-5499-7017vl (Rev. !illl021)
Item #7.4.

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CITY OF CALISTOGA
By: _____________ _ Date _______ _
Laura Snidemant City Manager
Approved As To Form
By: ________ ____ _
Michelle Marchetta K.enyo~ City Attorney

CONSULTANT
By: _ _______ _____ _ Date,_ ______ _
By: ______ _______ _ Date ______ _ _
- 3 -
OAK.#4878-S499-7017vl (law-. 9/2021)
Item #7.4.

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OAK #4878-5499-7017vl (Rev. 9/2021)
ATTACHMENT "A"

SCOPE OF SERVICES
-4-
Item #7.4.

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OAK #4ll78-5499-70l7vl {Rev. 912021)
ATIACHMENT ''B"

COMPENSATION
Item #7.4.

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July 7th, 2023
City Clerk of the City of Calistoga
1232 Washington Street
Calistoga, CA 94515
Thank you for the invitation and opportunity to propose our legal advertising services to meet your needs as outlined in the "RFP - Legal Advertisements For FY 2023-2024" that was emailed to [email protected] on June 14th, 2023.

This letter wilt serve as a brief overview of documents being included in our proposal and address some items in the "GENERAL SPECIFICATIONS" emailed to us. The Press Democrat is adjudicated in the County of Sonoma and City of Santa Rosa and meets the legal advertising requirements of area organizations.

Calistoga Business License
Included is our Calistoga Business License application filed July 7, 2023 and confirmation of the fee payment and filing history.

Rates
The base price per inch for The Press Democrat is $51.50 which is the base rate for each insertion. However, we offer discounting based on the size of the advertisement. We've included a pricing grid that indicates the base price, the discount associated for that display ad size, then the net price and net inch rate.

Payment terms
Our standard payment terms are net 30 days after receipt of the invoice which can either be sent via U.S. Mail, emailed, or both.

Circulation
We've included our ownership statement which shows a total paid subscriber of print and electronic copies averaged 40,996 in the past 12 months. We've also included our most recent weekly postal report. Our circulation in zip code 94515 is approximately 188 home delivered subscribers. We also upload our legal advertisements to www.capublicnotice.com which is owned and operated by the California News Publishers Association and provides service providers interested in bidding on proposals throughout the state an easy way to see opportunities throughout California. Not all publications in the North Bay do so.

I look forward to providing any additional information needed for The Press Democrat to obtain a vendor status for the City of Calistoga.

Sincerely,
~~ Director of Advertising Operations
0: 707.526.8619
C: 707.330.7528
[email protected]
416 B Street
Suite C
Santa Rosal CA I 95401
Item #7.4.

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@ djsheely 11111
Filing History Pleuse select a state. filing period, type or s1atus below to -se,:irch for your returns St.rte
-View AUMunlclp;,lily
Calls.toga Business license
Print1V11:N SJmmory
Filing Pe:riod File Date
January 2023 7/7/2023
Type
Ta:,; Return
M unicipa I ity/Return
Calls,oga 'Business Llcense
Status
-View All •
Filing Period
January 2023
Sonoma Media Investments, LlC
Amount Status{1)
$586 89 Filed
Business Certificate/License Questions Website Support
California l.'1 866 240 3665 \.•1 877 693.4435
bLzbcens.esupport@munls~rvices com support@btzlic@nseonline com Pnv:ic'/ Sfaff:!mt'nt letm~ and Rul~
FCIWE!'re-d b'j ib~u 1ns1gnt:. & Ar,atynr-...s, LLC - e tl)gg...20'23- ti.n Rights R'e-s.~ Action CD
,,.,.

Item #7.4.

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Calistoga Business License 2023
Account Number 000000
------------ New or Renewal? New
------------ Sta rt Date (New) 10/11/2012
------------ Confirmation # 0D2YR9XP81
Business License NEWSPAPER OR PUBLICATIONS (FIXED PLACE IN CITY) (26-00) Company Name Sonoma Media Investments, LLC
Location Name SONOMA MEDIA INVESTMENTS, LLC
Trade Name THE PRESS DEMOCRAT
Physical Address
416 B Street
Santa Rosa, CA 95401
Suite C
Mailing Address
416 B Street
Santa Rosa, CA 95401
Suite C
Home Based Business
No
Alarm Company Name California State Contractors License Within City Limits
No
Alarm Company Phone California State Contractors Expiration Number of Employees
186
Alarm Company City License Contracting License Classification Number of Units 186
Calculated License Tax Due $553.44
Penalty $0.00
CA Senate Fee $4.00
Processing Fee $12.36
Available Credit or Outstanding Balance $0.00
TOTAL AMOUNT DUE $569.80
Payment Type Credit Card
Credit Card Convenience Fee $17.09
Total Amount Paid with Credit Card Convenience Fee $586.89 "All new business. change of ownership, change of location and change of name applications must be approved by the City of Calistoga prior to a license being issued.

Your application will be submitted to the City for review. If your license type requires additional documentation or City approval. it will be placed in a hold status until such documentation or approval is received, Once approval has been rec"iv"d and all other criteria requirements have been met. Avenu will be authorized to release your license.
•Renewals: ALL annual licenses expire on December 31st of each year. Business license renewals are due on or before the last day in January.

Returned Check Disclaimer: 1/1,tien you make a payment by check, you authorize us to use information from your check to make a one time electronic fund transfer from your checking acocunt according to the terms of your check or to process that transaction as a check. When we use your check to make an electronic fund transfer, funds may be wtthd,awn from your checking account the same day we receive your payment, and you will not receive your check back from your financial institution. If there are insufficient funds in your checking account, you authorize us to charge a Returned Payment Fee as applicable in the amount set forth by law and collect that amount through an electronic fund transfer from your checking account, if permitted by applicable law. If another payment method is returned unpaid, by your bank, we may, if pennitteo by applicable law. charge a Returned Payment Fee.

I acknowledge that the City of Calistoga's issuance of a Business License and payment of Business License Tax does not entitle me/authorized representative to conduct any business in the City ttlat is in violation of any applicable laws. I further acknowledge that the City of Calistoga's issuance of a Business License does not waive the City of Calistoga·s right in any way to enforce compliance with applicable laws against me/authorized representative. I hereby certify, under penalty of perjury. that tile information in this application is true, ccrrect, and complete to the best of my knowledge and belief. I agree to ocmply with all applieable laws and ordinances regulating the operation of this business.

Signature Dennis Sheely
State Mandated Disability Access Education Fee
Title Director of
Advertising
Operations
Phone 707-526-8619 Date 717/2023
Item #7.4.

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jThe Pre<S Democrat Legal Advenl<lng Prl<es I I I I I
BIISerate I l l I I perlndle $ 51.SO
Column Column
Inches Price Item Base Price Discount NetPrtc,, Netlndl _ Inches Prlr.e Item Bil.Se Price Oi§COUnt Net Price Netlndl

2.5 LEGAL 2.5 inch di;count $ 121!.75 , (13.75) $ 115.00 S 46.00 _ 35 LEGAL 35 inch discount $1,802.50 s (907,50) $ 895.00 $ 25.57 3 LEGAL3 inch discount $ 154.50 , (21,50) $ 127.llll $ 42..33 - 36 LEGAL36 inch discount $1,854.00 $ {935.00) $ 919.00 $ 25.53

3.5 LEGAL3,5inch discount s 180.25 ', (4U5) ~ 139.00 $ 39.71 _ 37 LEGAL37inch discount $1,905.50 s {9Ct;;J,SOi $ 'M3.00 $ 25.49 4 LEGAL4 inch discount $ 206.00 s {SS 00) $ 151.00 s 37.75 _ 37,S LEGAL 37.5 inch discount $1,931.25 s 1976.25) s 955.00 $ 25,47

4.5 LEGAL4.5inch discount $ 231.75 s (68.15) $ 163.00 $ 36.2'2 _ 38 LEGAL 38 inch discount $1,957.00 5 (ggo oo) $ 967.00 $ 25.45 5 LEGALS inch discount $ 257.50 s i82 .SOI $ 175.00 s 35.00 _ 39 LEGAL39 inch discount $2,008.50 SI L,017.50) $ 991.00 $ 25.41

5.5 LEGAL 5.5 inch discount $ 283.25 s !96251 $ 187.00 s 34.(X) - 40 LEGAL40 inch discount $2,060.00 SI l,045 C-0] $1,015.00 $ 25.38 6 LEGAL6inch discount s 309.00 s ( lt0.00) s 199.00 s 33.17 _ 40.S LEGAL40.5 inch discount $ Z,085.75 Sil,058. 75} $1,027.00 $ 25.35

6.5 LEGAL6.5 inch discount s 334.75 s {m.75) s 211.00 $ 32.46 - 42 LEGAL42 inch discount $2,163.00 $ (1, 100.00f S 1,06l.OO $ 25.31 7 LEGAL 7 inch discount $ 360.50 s (137501 s 223.00 s 31.86 _ 43.5 LEGAL43.5 inch discount $2,240.ZS $ ( I, 141 25) $1,099.00 $ 25.26

7.5 LEGAL 7.5 inch discount $ 3S6.25 . '151 2~) s 235.lll s 31.33 _ 44 LEGAL44 inch discount $2,266.00 $ (1, 155,00) $1,111.00 $ 25.25 8 LEGALS inch discount $ 412.00 - [ 165.00) $ 247.00 'S 30.1111 - 45 LEGAL45 inch discount $2,317.50 Sil, 182 SOj $1,la!S.OO $ 25.22

8.5 LEGAL8.S inch discount s 437.75 $ fl7B 7S) s 259.00 s 30.47 _ 46 LEGAL 46 inch discount $2,369.00 S •: I, no OD) $1,159.00 $ 25.20 9 LEGAL9 inch discount $ 463.50 $ [ 192 50) s 271.00 $ 30.11 - 46.5 LEGAL46.5 inch discount $2,394.75 S{l,223 1~) $1,171.00 $ 25.UI

9.S LEGAL9.5 inch discount $ 489.2S $ (206.25) $ 21!3.00 s 29.79 ·_ 48 LEGAL48 inch discount $2,472.00 $ I 1, 265.U0] $1,207.00 $ 2.5.15 J.0 LEGAL 10 inch discount s 515.00 s (22000) $ 295.00 s 29.50 _ 49.S LEGAL49.5 inch discount $2,549,2.5 S ( l,306 25J $1,243.00 s 25.11

10.S LEGALto.S inch discount $ 540,75 $ (233./S) $ 307.00 s 29.24 _ SO LEGAL SO inch discount $2,575.00 5 (1,370 CO} $1,255.00 $ 25.10 11 LEGAL 11 inch discount s 566.50 s (247 50) $. 319.00 s 29.00 _ 51 LEGAL 51 inch discount $2,626.50 51 I, 347.50) $1,279.00 s 25.08 ll.5 LEGALU.5 inch discount s 592.25 s {261.2>] s 331.Cll s 28.78 _ 52 LEGAL 52 inch discount $2,678.00 Sil,-175,00I $1,303.00 s 25.06 12 LEGAL12 inch discount s 618.00 5 {275.00I s 343.00 s 28.58 _ 52.S LEGAL 52.,5 inch discount S 2,703.75 S ,; l,188.i>I $1,315.00 $ 25.05

12.5 LEGAL 12.5 inch discount s 643.75 5 ps~.,s\ s 355.00 s 28.40 _ 54 LEGAL 54 inch discount $V81.00 S ;; I, 430.·JO) $1351.00 s 25,D2 13 LEGAL 13 inch di,count s 669.50 s (30/,50! $ 367.00 s 28.23 - 55.5 LEGAL55.5 inch di,count $2,858.25 S ! 1,471. 25) $1,387.00 s 24.99

13.5 LEGAL 13.5 inch discount $ 695.25 5 {316.2~! $ 379.00 s °JJJ.rll - 56 LEGAL56 inch discount $2,884.00 S ,; l.~85,00) S 1,399.00 s 24.98 14 LEGAL14 inch discount $ 721.00 ; (no no:, s 391.00 s 27.93 _ 57 LEGAL57 inch discount $2,935.50 S ·: 1, '.:i12 SO) $1,423.00 s 24-96

14.5 LEGAL14.5 inch discount $ 746.7S s (3-:B, J~I s 403.00 s V.79 _ 58 LEGAL58 inch discount $2,987.00 Sil. 540.•10} $1447.00 s 24.95 15 LEGAL15 inch discount s n2.o£J 5 (3~:Z.50) s 420.00 $ 28.00 _ 58.S LEGAL 58.5 inch discount $3,012.75 _; fl, ',~3 15) $1,459.00 $ Z4.94

15.5 L£GAL15.5 inch discount $ 798.25 s (,71 2',) s 427.00 s 27.55 _ 60 LEGAL GO inch discount $3,090.00 S ;l. 555 00} S 1.4!15.00 $ 24.92 .16 LEGAL16inch discount $ 824,00 s ·'.38S L"°!Gl s 439.00 $ 27.44 _ 62 LEGAL62inch discount $3,193.00 5 (L,?SO CO) $1,543.00 s 24.89

16.S LEGAL16.5 inch discount s 849.75 ) -::i98 ,s:, $ 451.00 s 27.33 _ 63 LEGAL63 inch discount $3,244.50 s (11577 50) $1,567.00 s 24.87 17 LEGAL17 inch discount $ 875.50 s -:412.50I s 463.00 s 27.24 _ 64 LEGAL 64 inch discount S 3,296.00 S ( l, 705.001 $1,591.00 s 24.86 17,5 LEGAL 17.5 inch discount $ 901.25 $ ,:,l25 2~) s 475.00 s 27.14 _ 66 LEGAL 66 inch discount $3,399.00 .$ 1:1, 750 00! $ 1.639.00 $ 24.83 18 LEGA LlS inch discount $ 927.00 s .;,123 ao] s 504.00 $ 28.00 _ 68 LEGAL 68 inch discount $3,502.00 S ( l,315 00) $1687.00 s 24.81 18:S LEGAL 18.5 inch discount s 952.75 5 :;153. /~J s 499.Cll s 26.'H _ 69 LEGAL 69 inch discount $3,553.50 Si'.1,342 SD) $1711,00 s 24.30 19 LEGAL19 inch discount $ 978.50 s (4GI 501 $ 511.00 s 26.1!9 - 70 LEGAL 70 inch discount $3,605.00 S(U:'0.00) $1735.00 s 24.79

19.S LEGAL19.5 inch di,count $1,004.25 5 (481 is:1 s 523.00 s 26.82 _ 72 LEGAL 72 inch discount $3,708.00 s-:u,s.ao) $1,783.00 $ 24.76 20 LEGAL20 inch discount $1,030.00 $ (J9s.oo:, $ 535.Cll s 26.75 _ 74 LEGAL 74 inch discount $3,811.00 Si1,980.00] $1,831.00 $ 24.74 21 LEGAL 21 inch discount $1,081.50 $ (~2L..SO) s 559.00 s. 26.62 _ 75 LEGAL 75 inch discount $3,862.50 5 i_2, ]07,50) $1855.00 $ 24.73 221LEGAL22 inch discount $1,133.00 ; {550 llO) s 583.00 s 26.50 _ 76 LEGAL 76 inch discount $3,914.00 S [2,035. UO} $1,879.00 s 24.n Z2.SILEGAL22.5 inch discount $ 1.158.75 , (S6J 7~'1 s 595.00 s 26.44 _ 78 LEGAL 73 inch discount $4,017.00 S iJ, 'JSO,OOJ $1,927.00 $ 24.71 23 LEGALB inch discount $1,184.50 s !~77.50) s flll.00 s 26.39 _ 80 LEG.ALSO inc:h discount $4.120.00 S (2, 14,.CO) $.J.975.00 $ 24.69 24 LEGAL24 inch discount $1,236.00 $ {SUS,00] s 631.00 s 26.29 _ 81 LEGAL81 inch discount $4,171.,£) s (2.1172 .. 101 $1.999.00 $ 24.68 25 lEGAL25 inch discount S 1,287.50 5 !.j3i..50l s 655.00 s 26.20 - 84 LEGAL 84 inch discount $4,326.00 S 1:J._. l~~ C-Uj $2,071.00 $ 24.65 .25.5 lEGAL25.5 inch discount $1,313.25 5 (5'1o.ioJ s 667.00 $ 26.16 _ 87 LEGAL87inch discount $4,480.50 ,,;2 337 ,n, S2,143.00 $ 24.63 26 LEGAL26 inch discount $1,339.00 s !;~o 001 s 679.00 $ 26.U _ 90 LEGAL 90 inch discount $4,635.00 S 1:;,.-120 OU) $2,215.00 $ 24.61 27 LEGAL27 inch di5count $1,390.50 ; t".ia·'° sor $ 703.00 s 26.04 _ 93 LEGAL 93 inch discount $4,789.50 s,: ,502 SOj $2,287.00 s 24.59 28 LEGAL28 inch discount $1,442.00 '> (71SOO:• s 727.00 $ 25.96 _ 96 LEGAL 96 inch discount $4,944.00 S (2, SB'.> UO) $2,359.00 $ 24.57

28.5 LEGAL 28.5 inch discount $1,467.75 s ty/.8 i~:, s 739.00 s 25.93 _ 99 LEGAL99inch discount $5,098.50 s:2,5,;7 ,DI $2.431.00 s 24.56 29 LEGAL 29 inch discount $1.493.50 '> p,12 50) $ 751.00 s 25.go - 102 LEGAL 102 inch discount $5,253.00 s :,, ;~u.uo1 $2,503.00 $ 24.S4 30 LEGAL30 inch discount $ J..545.00 s fi fU.rJO) $ 715.00 $ ZS.83 _ 105,LEGAL 105 inch discount $5,407,,£] S 1. Z, 83/ SOj $2,575.00 s 24.52 31 LEGAL 31 inch discount $ l,596.50 s \ 73750) s 799.00 s 25.77 _ 108 LEGAL 108 inch discount $5,562.00 5 l),91S.C0l $2,647.00 s 24.51 "31.5 LEGAL 31.5 inch discount $1,622.25 s {Rl I 75i s 911.00 s 25.75 _ lU LEGAL 111 inch d,scount $5,716.o£l S (2/:157.)0t $2,719.00 s 24.50 32 LEGA l 32 inch discount S 1.648.00 s : bi.5.CO) s 823.00 s 25.72 _ ll~ LEGAL 114 inch discount $5,871.00 S ,)_.CBC.,){f, $2,791.00 $ 24.48 33 LEGAL 33 inch discount S 1,699.50 $ •B~J..~O) s 847.00 s 25.67 _ 117 LEGAL 117 inch discount $6,025.50 s,:3, 162 1 $2,.863.00 s 24.47 341lEGAL 34 inch discount $1,751.00 s ,880.00) s 871.00 s 25.62 up LEGAL UO i m:h discount $6,180.00 s('.l,l~S.00) $2,935.00 $ 24.46

34.5 LEGAL34.5inch discount $1,776.75 s 189)./~) $ 883.00 $ 25.59 l I I Item #7.4.

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ROP PRICING J
Column Width Size Column Width Size
2 col - 3.222 PD$40 PER 2 col - 3.222 PD $40 PER
3 col - 4.889 COL. INCH 3 col - 4.889 COL. INCH
4col - 6.556 B/W 4col - 6.556 8/W
6cal - 9.889 6 cal - 9.889
SIZE $ SIZE $
2X4 $ 320.00 4X4 $ 640.00
2X5 $ 400.00 4XS $ 800.00
2X6 $ 480.00 4X6 $ 960.00
2X7 $ 560.00 4X7 $1,120.00
2X8 $ 640.00 4X8 $1,280.00
2X9 $ 720.00 4X9 $1,440.00
2X10 $ 800.00 4X10 $1,600.00
2X11 $ 880.00 4X11 $1,760.00
2X12 $ 960.00 4X12 $1,920.00
2X13 $ 1,040.00 4X13 $2,080.00
2X14 $ 1,120.00 4X14 $2,240.00
2X15 $ 1,200.00 4X15 $2,400.00
2X16 $ 1,280.00 4X16 $2,560.00
2X17 $ 1,360.00 4X17 $2,720.00
2X18 $ 1,440.00 4X18 $2,880.00
2X19 $ 1,520.00 4X19 $3,040.00
2X20 $ 1,600.00 4X20 $3,200.00
3X4 $ 480.00 6X4 $ 960.00
3X5 ( 1/8 page) $ 600.00 6X5 $1,200.00
3X6 $ 720.00 6X6 $1,440.00
3X7 {1/6 page) $ 840.00 6X7 ( 1/3 page) $1,680.00
3X8 $ 960.00 6X8 $1,920.00
3X9 $ 1,080.00 6X9 $2,160.00
3X10 ( 1/ 4 page) $ 1,200.00 6X10 (1/2 page) $2,400.00
3X11 $ 1,320.00 6Xl1 $2,640.00
3X12 $ 1,440.00 6X12 $2,880.00
3X13 $ 1,560.00 6X13 $3,120.00
3X14 $ 1,680.00 6Xl4 $3,360.00
3X15 $ 1,800.00 6X15 $3,600.00
3X16 $ 1,920.00 6X16 $3,840.00
3X17 $ 2,040.00 6X17 $4,080.00
3X18 $ 2,160.00 6X18 $4,320.00
3X19 $ 2,280.00 6X19 $4,560.00
3X20 (1/2 page) $ 2,400.00 6X20 (full page) $4,800.00
Item #7.4.

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~ UNITEDSTJJTES lfa POSTLlL SERVICE®
Statement of Ownership, Management, and Circulation
(Requester Publications Only)

1. Publication Title 2. Publication NLJmber 3. Filing Date The Press Democrat I 14 I 41-1 31 2 Io Io 9/23/22

4. Issue Frequency 5. Number of Issues Published Annually 6. Annual Subscription Price 365 (if any) $663.00 Daily

7. Complete Mailing Address of Known Office of Publication (Not printer) (Street, city, county, stat1:1, and ZIP+4®) Contact Person Tracy Hardee
427 Mendocino Ave, Santa Rosa, Sonoma, CA, 95401-6313 Telephone (Include area code) 70 7 -521-5453

8. Complete Ma1hng Address of Headquarters or General Business Office of Publisher (Not pnnter) Same as above

9. Full Names and Complete Mailing Addresses of Put>lisher. Editor, and Managing Editor (Do not leave blank) Publisher (Name and compfete mailing addffJss)
Steve Falk 427 Mendocino Ave, Santa Rosa, Sonoma, CA, 95401-6313 Editor (Name and complete mailing address)
Richard Green 427 Mendocino Ave, Santa Rosa, Sonoma, CA, 95401-6313 Managing Editor (Name and complete mailing address)
John D'Anna 427 Mendocino Ave, Santa Rosa, Sonoma, CA, 95401-6313

10. Owner (Do not /6ave blank. If the publication ls owned by a corporation, give fh6 name and addrass ofth6 corporation immediately followed by /he names and addresses of all stockholders owning or holding 1 percent or more of the total amount of stock. If not owned by a corporation, give the names and addresses of the individual owners, If owned by a partnership or other unincorporated firm, give its name and address as well as those of each individual owner. If the publication is published by a nonprofit organization, give its name and addrass.) Full Name Complete Mailing Address
Sonoma Media Investments, LLC 427 Mendocino Ave, Santa Rosa, Sonoma, CA, 95401-6313

11. Known Bondholders, Mortgagees, and Other Security Holders Owning or Holding 1 Percent or More of Total Amount of Bonds, Mortgages, or Other Securities. If none, check box. -------------- □ None Full Name Complete Mailing Address

12. Tax Status (For completion by nonprofit organizations authorized to mail at nonprofit rates) (Check one) The purpose, function, and nonprofit status of this organization and the exempt status for federal income tax purposes:
□ Has Nol Change□ During Preceding 12 Months
D Has Changed During Preceding 12 Months (Publisher must submit explanation of change with this statement.) PS Form 3526-R, July 2014 [Page 1 of 4 (See instructions psge 4)1 PSN: 7530-09-000-8855 PRIVACY NOTICE: See our privacy policy on wm11. usps.com.

Item #7.4.

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..
~ UNITED STJlTES
'-ifil POSTJJL SERVICE®
Statement of Ownership, Management, and Circulation
(Requester Publications Only)
16, Electronic Copy Circulation Average No. Copies No. Copies of Single Each Issue During Issue Published
Previous 12 Months Nearest to Filing Date
a. Requested and Paid Electronic Copies
► 17,430 17,646
b. Total Requested and Paid Print Copies (Line 15c) + Requested/Paid Electronic Copies (Line 16a) ► 40,996 39,164
c. Tota! Requested Copy Distribution (Line 1 Sfj + Requested/Paid Electronic Copies ► 41,068 39,249 {Line 1§a)
d. P
1 ~~t Paid and/or Requested Circulation (Both Print & Electronic Copies) (1 divided by 16c x 100) ► 99.82% 99.78%
r/i'certify that 50% of all my distributed copies (electronic and print) are legitimate requests or paid copies. 10/5/22

17. Publication of Statement of Ownership for a Requester Publication is required and will be printed in the _________ _ ____ _ issue of this publication.

18. Signature and Title of Editor, Publisher, Business Manager, or Owner Date I certify I at lion furnished 011 this form is true and complete. I understand that anyone who furnishes false or misleading inforrna ion on this form or who omits material or information requested on the folTTl may tie subject to criminal sanctions (inciuding fines and imprisonment) and/or civil sanctions (including civil penalties),
PS Form 3526-R, July 2014 (Page 3 of 4) PRIVACY NOTICE: See our privacy poljcy on www.usps.com.

Item #7.4.

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United States Postal Service Processed By: PMA on 06/26/23 11 :26:18 AM P os t aae St aemen t t -- p er,o d' ,cas
Transaction Number: CAPS / EPS Transaction Number: Postage Statement Number:
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Mailing Groop ID Ma.illng Job Number Open Dats
417550147 06-23-2023
Preparer Origin Close Date
443200-PE-HALIFAX MEDIA ACQUISITION LLC PSW - Mailer Entered Job Description
Publica~on Title and Owner or News Agent's Name Mailing Agents (Printer or Consolidator) Name, Address, Entry Post Office Name, State, and ZIP+4 PRESS DEMOCRAT (THE) Telephone Number,and Email Address if Any PRESS DEMOCRAT (THE) PETALUMA CA 94999-9998
416B STSTEA HALIFAX MEDIA ACQUISITION LLC
SANT A ROSA, CA 95401-8540 416 B ST STE A
Contact Name: BRIAN LIBBY SANT A ROSA, CA 95401-8540
(707)799-9555 Contact Name: BRIAN LIBBY
[email protected] {707)799-9555
[email protected]
GRID: 2468779
CRID: 2468779
Applicab I• Parts Statement for Price Category Combi~ed Mailing Consolidated Postage Statement bundles/containers only Regular No
fxlA fxlB-E rlF No
Publication No. Edllion Code Mailer estimated arrival Processing Category No. of Addressed Pcs. excluding No. of Addressed Supplements 443200 pd04 date Flats Addressed Supplements
06/25/23 74
Issue Date lss ue FreQuency Staiement Sequence No. In-County. Outside-County. 06/25/23 0 0
Wetghl of a Single Ride• Weight per Copy for lss ue (Round off lo 4 decimal place if Advertising Percentage in This Issue Number and Type of Containers.

Along Piece necessary} 40.63% lrays:4 Sacks:O Pallets:O

0.0000 lbs. 0.3090 lbs.

For Automation Rate Pieces, Enter Date For Carrier Route Piec.es, Enter Date For Carrier Route Pieces. Enter Date of For pieces bearing a simplified address enter date of Address Malching and Coding of Address Matcning and Coding Carrier Route Sequencing of delivery statistics file or alternative method 06/25/23 06/25/23 06/25/23 I I
Part A - ln-Countv Prices Total Part A Postmaster: Reoort total Part A oostaae in AIC 224) $3.43 Part B - Outside County Pound Prices Total Part B $4.61 Part C - Outside County Piece Prices Total Part C $29.53 Part D - Outside County Bundle Prices Total Part D $2.62 Part E - Outside County Sack/Tray/Pallet Prices Total Part E $8.76 Outside Countv Postaae Subtotal Parts B, C, D, and E $45.52 Preferred Price Discount- Nonprofit, Classroom, Limited Circulation, Limited Circulation Science of Agriculture - $2.14 Add line B17. and parts C. D. and E Totals) X.05/all others enter zero) Subtract the Preferred Price Discount from the Outside County Postage = $43.38 Part F - Outside County Ride-AlonQ + $0.00
Total Outside Countv Postaae(Postmaster: Reaort total Outside Countv oostaae in AIC 135: $43.38 Add Total In County Postage and Total Outside County Postage Total Postage $46.81 lAIC 224 + AIC 1351
For USPS Use Only: A.ddftonaJ Postage Payment (St.a 19 ,wson} Total USPS Adiusted Postaae $46.81
The mailer certifies acceptance of liability for and agreement to pay any revenue deficiencies assessed on this mailing, subject to appeal. If an agent certifies that he or she is authorized on behalf of the mailer then that mailer is bound by the certification and agrees to pay any deficiencies. In addition, agents may be liable for any deficiencies resulting from matters within their responsibility, knowledge, or control. The mailer hereby certifies that all infonmation furnished on this fonm is accurate, truthful, and complete; that the mail and the supporting documentation comply with all postal standards and the mailing qualifies for the prices and fees claimed; and that the mailing does not contain any matter prohibited by law or postal regulation. I understand that anyone who furnishes false or misleading Information on this form or who omits information requested on th is form may be subject to criminal and/or civil penalties, including fines and imprisonment.

Prlvacv Notice: For information reaardina our Privacv Policv visit www.usos.com PS Form 3541 Jan 2023 (Page 1 of 3)
Item #7.4.

Page 202 of 701 ends

Machinable Flats
Level Price Level Total Copies Addressed
C1 Mixed ADC Barcoded 19
C3 ADC Barcoded 6
C4 ADC Nonbarcoded 1
cs 3-Digit/SCF Barcoded 20
C6 3-Digit/SCF Nonbarcoded 2
C7 5-0igit Barcoded 6
Carrier Route & Firm Bundles
Level Price Level Total Copies
[ C29 I Basic
C33 Subtotal(Add lines C1 - C32)
C34 Nonadv. %
C35 Subtotal Outside County Piece Prices (Line C33 minus C34) Part D
Outs Ide-County - Bu nd I e Prices
Outside-County - Bundle Prices
Container Level
01 Mixed ADC
D2 Mixed ADC
D12 SCF/3-Digit
D13 SCF/3-Digit
D14 SCF/3-Digit
I D19 I Part D Total (Add lines 01-018)
Part E
Outside-County· Sack, Tray, and Pallet Prices
Outside-County -Tray Prices
Container Level
E33 Mixed ADC Tray
E43 3-Digit/SCF Tray
Bundle Level
Mixed ADC
ADC
3--Digit/SCF
5-Digit
Carrier Route
Entry
Origin Post Office/DMU
Origin Post Office/DMU
I E55 I Part E Tray Subtotal(Add lines E30 - E54)
I E89 I Part E Total (Add lines E29, E55 and E88)
PS Form 3541 Jan 2023 (Page 3 of 3)
6 60
Pieces
19 6
1 20
2 6
Addressed
Pieces
6 60
60 Bundles
1 1
1 1
1 Trays

1.0000

2.0000
Price Total Postage
$0.669 $12.7110
$0.605 $3.6300
$0.650 $0.6500
$0.565 $11.3000
$0.605 $1.2100
$0.434 $2.6040
Price Total Postage
$0.235 $1.4100 [

33.5150
$0.00112 $-3.9897

29.5253
Price Total Postage
$0.251 $0.2510
$0.768 $0.7680
$0.420 $0.4200
$0.478 $0.4780
$0.703 $0.7030
Price Total Postage
$1.425 $1.4250
$3.668 $7.3360
$8.76 1
Item #7.4.

Page 203 of 701 ends

• NOTICE OF CONSIDEIIATION

BY THE CALISTOGA CITY COUNCIL
NOTICE IS HEREBY GIVEN that the City Council of the City of Calistoga, California will hold a public hearing at Its regular meeting on Tuesday, May 3, 2022, at or after 6:00 p.m. The item is:

Consider the vacation of a portion of the Gold street right-of-way (SV 2021 ·11. Properly owner request for a street Vacation Application of tl1e portion of Gold Sln!et, between Myrtle Street and Foothill Boule,ard. The City of Calistoga General Plan Clr<:ulation Element and Housing Element support the proposed street vacation and the paroel is depicted as a potential development site with a General Plan Designation of MadiumDansity Re•idential wltll a zoning designation of R-1: Single-Family Residential. The action is not subject to the California Environmental Quality Act (CEQA) under Section 15061 fb)f3) of the CEOA Guidelines because it can be seen with certsi nty that there is no possibil jty that th 11:
proposed v11cc1tions may have a significant effect on the envil'onment.

Consistent with Government Code Section 54953, this City Council Meeting will be held via teleconference only and will not be physical!yopenta the public. Councilmembers and staff will teleconference into the meeiing by audio and/or video. The meeting will be conducted ¥la Zoom Webinar'. To maximize pub! ic safety while still maintaining transparency &l'ld public access, members of the pub I ic can obsBive and participate In the meeting from home in a ne of the foll owing ways:

1. Watch on vpurTV - Napa Valley TV Channel 2B(call your cable provider to ensure you have a City of Callstoga coded cable box)

2. Litten or particioate on vour phone - dlal 1-669·900-68331 enter webinar ID: 829-0729-541 9, password: 123201

3. Watch or participate online via Zoom at https;//us02web,zoom us/ if829072954t9?owd:Okh2dQ5YY25wVXdhbkU5dYY 1 OmlFOT09 enter passwonl; 123201

4. Watch onUne via YouTube Llve at youtube.com/cityofcallstoga COMMENT ON THIS MATTER: Email or mail your comment to the City Clerk at 11ubllccomment@cJ,callstoga.ca.us or 1232 Washington street, Calistoga, CA 94515. Written public commems received before 4:00 PM on the day of the meeting will be provided to the City Council and included in the record.

Comments received after 4:00 PM will be made part of tho written record but will not be read verbally at the meeting, If a comment is received after the item f !i heard but before the close of the meeting, the comment wiH still be included as a part of the record hut will not be read a loud. To comment d uri11g a virtual meeting (Zoom), dick the "Ralse Your Handl'I buttori to request to speak when P"blic Comm en! is being taken on the ayenda item. You will be urvnuted wl>en 11 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 ht1Qs:l/su11port.zoom.us/ho/enus/ articles/2055§§12&- Baise-Hand-ln-Webi na.-.

On Tuesday, April 26, 2022, at 4:30 pm, the City Council staff report for this Item will be available onlino at www.ci,.calistoga,ca.us, and at the City Clerk's office located at 1232 Washington Street. For additiona I information, plaase contact the Public Works office at 707.942,2828,
1t(MJ,.u~ iv, niRittburg.ityCle
Dated: April 19, 2022
Item #7.4.

Page 204 of 701 ends

EXHIBIT2

ADMINISTRATIVE SERVICES

TECHNICIAN
City of Calistoga - Salary:
$53,940-$65,544 plus benefits.

The Administrative Services
Technician reports directly to the
Administrative Services Director
and is responsible for providing
a complete range of accounting
work including payroll. Requires
three years of progressively
responsible accounting and payroll processing in a municipal agency. Applications and other
information may be obtained from
the City of Calistoga, Personnel,
1232 Washington St., Calistoga
CA 94515 at (707) 942-2803 or
on the City website www.ci.calistoga.ca.us. Deadline to apply is February 3, 2021 4:30 p.m. No
faxes or email applications will
be accepted.

Item #7.4.

Page 205 of 701 ends

Deadlines for Legal/Public Notice Advertising
Publlc,itlon Day Mondav Tuesday
Deadline D;ay Thursday, 10am Friday, 10am
Submission 'E'mall: •[email protected]
Dlrl!Ct Stefanie Puckett at (707) 526-8508
Press Democrat
Wednesday Thursday Friday
Monday, 10am Tuesday, 10am Wednesday, lllsm
S.iturday SOnday
Thursday, 10am Thursday, 1oam
Item #7.4.

Page 206 of 701 ends

City of Calistoga
RFP - Legal Advertisements For FY 2023-24

Page 5 of 8 ends

SECTION A: BID PROPOSAL FORM
PROPOSALS DUE: One copy of the bid proposal in a sealed envelope, marked "Response to RFP for Legal Advertising" in the bottom left-hand corner, shall be delivered to the City Clerk of the City of Calistoga, 1232 Washington Street, Calistoga, CA 94515, no later than 2:00 PM on Monday, July 10, 2023. POSTMARKS NOT ACCEPTED. Proposals may be delivered by express mail, regular mail, or *in person.

QUESTIONS: Contact Interim City Clerk Yudiana Galvan at 707-942-2807 or [email protected].

PRINTING OF OFFICIAL AND LOCAL CLASSIFIED ADVERTISING to be furnished to the City of Calistoga during the period commencing July 1, 2023 through June 30, 2024.

SECTION A: GENERAL

1. This newspaper is published 7 day( s) per week, on the following days l'llc.-1 ~ --\1..,, -'',J) .Sv Ji

2. Indicate column format: Legal_____ Display_ .... 'Xc......:.... __

3. This newspaper observes the following holidays: d9 4s vk Nev "i~(5 _ ~\~\;~~~ L 4~ \<i~ ~., ~\~rror. ;?( ::(v!'~'k~f J, ,'fn l ~CD. L,/=>o< The de~~li~r to' submi l t publ\catidons for h~ itlays is: ) ' 11' ,-1,,,,J,,'.),\;~~'" .\.,'., :> / & f.\ ~c.l,~,o rv p w e(~ '¥7'2 'To f\tO(l ''l? J ~ )~ '>

4. Can your newspaper reduce blueprint drawings/maps for ~ubljcation? \-i.,e..7 If so, is there an additional cost (indicate cost) i\JO ~·J ~ 1 ik"-t ~~ll ;-\, c<-<_,>J~\ ~5

5. If proofreading ·s required by the City, what is the deadline to submit information? Legals N ~ ~O<MO ) ~ /~5
Display ~/A f\Jc ({Vo / ~~I'(\{! _S

6. DECLARATION OF NON-COLLUSION
The undersigned certifies (or declares) under penalty of perjury that this bid is genuine and not sham or collusive, or made in the interest or on behalf of any person, firm, or corporation not herein named; that the contractor has not directly or indirectly induced or solicited any other contractor to put up a sham bid, or any other person, firm, or corporation to refrain from bidding, and that the contractor has not in any manner sought by collusion to secure to himself any advantage over other contractors.

7. DECLARATION OF ADJUDICATION
The undersigned certifies (or declares) under penalty of perjury that the named newspaper is adjudicated as a newspaper of general circulation by the State of California (as defined by Government Code Section 6000, et seq.).

8. ERRORS AND OMISSIONS
The undersigned understands and agrees that the City of Calistoga will not be responsible for any error or omission on the part of the undersigned in making this proposal.

Item #7.4.

Page 207 of 701 ends

City of Calistoga
RFP - Legal Advertisements For FY 2023-24

Page 6 of 8 ends

9. DECLARATION OF NON-DISCRIMINATION
In the performance of any contract awarded pursuant to these specifications, the undersigned understands and agrees that it shall not discriminate against any employee or applicant for employment because of age, sex, marital status, physical handicap, race, color, religion, ancestry, or national origin. Contractor will take affirmative action to ensure the applicants are employed, and that employees are treated during employment without regard to their age, sex, marital status, physical handicap, race, color, religion, ancestry, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor shall post in conspicuous place, available to employees and applicants for employment, notices setting forth the provisions of this Fair Employment Practices paragraph. ¼-<1 I d'~
EXECUTE□ AT: rl--10
~ 2> ~., ~L R.020 . a 'b~ THE :i__oAv oF 'S .J L:1 , 20?, 3 I ( I 7' BY ~ ~ " ,, - , , r ~ ' ~. ~ j < - 'x, ~ , 'y,ffis!(,. , b'<.. 1"1~1>7 l \~ Pl' J C (Signature) \ (Title) ,
'---.) _) J
on behalf of SoNl (':'A ~\-~J; ~ ~ ( ~ ~~ ~J; L.1,c..., '7¼ J QIS<, t_\pftl.b<..Ql (Service Provider) ) I . ':::..)
See
Notary
Attachment
Item #7.4.

Page 208 of 701 ends

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
county of Sonoma
On Qui~ Tt 1An,?)
Date
before me, ___ R_.S_u_i ___ , _N_o_t_a---= ry'---P_u_b_lic _______ _ Here Insert Name and Title of the Officer
Personally appeared ___ ____ D=---W _ _ n_i0..:....__J_~ _ _ ~-f.+----------- Nome(s) oft,;,;er(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity( ies), and th at by his/her /their signatu re(s) on the instru mentthe person (s), or the entity upon beha If of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

Place Notary Seal Above
-----------------------OPTIONAL------·---
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document . _ _ J...., l/\ !{ I O tcf lil rn,n 1tt- rl- t-501'\ Oiscxrm I tUl..A , ..,, , ::r- 11,. Title or Type of Document ___ _______ ____ Document Date ---J--- L-- :J ____ _ Number of Pages _ __,L:::.5""'------ Signer(s) Other Than Named Above _ ____________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name _ ________ ____ _
D Corporate 0fficer-Title(s)=--------
D Partner D Limited D General
D Individual D Attorney in Fact
D Trustee D Guardian or Conservator
D Other ________ _____ _
Signer Is Representing _ _________ _
Signer's Name _ __________ ____ _
D Corporate 0fficer-Title(s) = ---------
0 Partner D Limited OGeneral
D Individual D Attorney in Fact
0 Trustee D Guardian or Conservator
D Other _________ _____ _
Signer Is Representing ____ _______ _
© 2014 Nation a I Notary Association • www.NationalNotary.org • 1-800-US NOT ARY ( 1-800-8 76-682 7) Item #5907 Item #7.4.

Page 209 of 701 ends

City of Calistoga
RFP - Legal Advertisements For FY 2023-24

Page 7 of 8 ends

SECTION B: LEGAL ADVERTISING

1. Legal advertising to be accomplished as no larger than eight (8) point on 9.5 leading.

2. See the enclosed "Exhibit 1 ": Please typeset and indicate cost to publish as a legal ad.

3. Dollar rate per column inch: $

4. $'3 Lt-3, tH> (cost estimate)
SECTION C: DISPLAY ADVERTISING

ITEM DESCRIPTION
1 . Display advertising to be accomplished as follows:

Format: ROP (Run of Publication)

2. Does the rate change, depending upon number
of publications or size of ad?
Yes X' No ___ If so, please indicate
-e,"'.""-J o,t) s,ce c:F-1-k p,J - ~ <t1 ;oo;') ~, , d

3. See the enclosed "Exhibit 2" to typeset and set up as 2 column by 6-inch ad.

4. Dollar rate per column inch: $ 4-0 \ C d

5. $ ~to G (cost estimate)
Item #7.4.

Page 210 of 701 ends

City of Calistoga
RFP - Legal Advertisements For FY 2023-24

Page 8 of 8 ends

SECTION D: CIRCULATION

CONTRACTOR'S QUALIFICATION - LEGAL ADVERTISING
Attach a copy of U.S. Postal Service "Statement of Ownership Management and Circulation" Form PS 3526 filed for 2023, and the circulation amount for February 2023. Please also include the number of paid subscriptions in the 94515-zip code area. If available, please verify the news rack sales for the last year. Please include the most recent Weekly Postal Report.

PROFESSIONAL SERVICES AGREEMENT
The selected consultant will be required to enter into a City standard Agreement For Consultant Services (attached Exhibit 3). Two signed copies of the Agreement For Consultant Services and all other required insurance certifications and documentation shall be submitted to the City within ten (10) days of award of the contract, prior to execution of the agreement by the City.

Particular attention should be given to the Indemnity and Insurance sections in the Agreement For Consultant Services. These sections are not negotiable and will be included unaltered in the final agreement.

CONTRACTOR MUST COMPLETE AND SIGN BELOW:

Firm Name -n,.._, ~Qg.<,_s ~ ,,,,..,0~ t Phone 2 ~-5Jb-:bb \"\ Address :It\ 0 J?, c:Jtad. '°7<P.t {k,;i cA :r =) !tQ / . (S~\I) ' (City) (Sta e) (Zip).

Si ~ \ be:. Title D,se,L< j ~ -\~ ()c .. J.'•°"S
(_ i ( ..) J
(Signature of Corporate Officer or person authorized to sign bids and contracts on behalf of the Contractor)
Vendors submitting a sealed proposal for the provision of official City advertising must complete and submit the form(s) no later than 2:00 PM on Monday, July 10, 2023, to the City Clerk, City of Calistoga, 1232 Washington Street, Calistoga, CA 94515. POSTMARKS NOT ACCEPTED. Proposals may be delivered by express mail, regular mail, or *in person. The sealed proposal must be clearly labeled "Response to RFP for Legal Advertising" in the bottom left-hand corner.

ALL SIGNATURES ON BIDS SHALL BE ACCOMPANIED BY AN APPROPRIATE (i.e.:

CORPORATE, PARTNERSHIP OR INDIVIDUAL) NOTARIAL ACKNOWLEDGMENT. NO BID WILL

BE CONSIDERED FOR AN AWARD OF CONTRACT UNLESS SUCH NOTARIAL ACKNOWLEDGMENT IS RECEIVED.

See
Notary
Attachment
Item #7.4.

Page 211 of 701 ends

CLEAR
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
county of Sonoma
On <JU\~ 11 7;07.,,"b before me, ___ R_._S_u_i __ ,_N_o_t_a....;;. ry_P_u_b_l_ic ______ _ Date Here Insert Name and Title of the Officer
Personally appeared _______ o_e_n_n_\_5 __ S'_Y\tt __ \~-++---------- Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),andthat by his/her/their signature(s) on the instrumentthe person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
o e o o e o e e o (
R. SUI <-
COMM. #2410991 m
NOTARY PUBLIC - CALIFORNIA ::ii
SONOMA COUNTY _.

My Comm. ExplresJUIV 17, 2026 (
04V0O0Q<>'V
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hru:;al seal.

Signature - -+~;<>,, ~ ....p,..:._ ___________ _
Signature of Notary Public
Place Notary Seal Above
-----------------· OPTIONAL--
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document f I
Title or Type of Document Pn):fc&s,lJrut...{ 5e(v11{' ~ Date __ -=J-' -+f-f-'--1,_7,_3 ___ _ Number of Pages __ 2_· _0 _____ Signer(s) Other Than Named Above ____________ _ Capacity(ies} Claimed by Signer(s}
Signer's Name _____________ _
D Corporate Officer-Title(s) ~-------
0 Partner D Limited D General
0 Individual D Attorney in Fact
D Trustee D Guardian or Conservator
D Other ____________ _ _
Signer Is Representing __________ _
Signer's Name ______________ _
D Corporate 0fficer-Title(s) =---------
□ Partner O Limited OGeneral
D Individual D Attorney in Fact
D Trustee D Guardian or Conservator
D 0ther _____ ________ __:c._
Signer Is Representing ___________ _
© 2014 National Notary Association • www .NationalNotary.org • 1-800-US NOT ARY (1-800-876-682 7) lte m #5907 Item #7.4.

Page 212 of 701 ends

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Jeff Mitchem, Planning & Building Director
Meeting: City Council - Aug 01 2023
Subject: Municipal Code Amendments Regulating Mobile Food Vending DESCRIPTION:

Consideration of an ordinance amending the Calistoga Municipal Code (CMC) to include new regulations governing Mobile Food Vending (Food Trucks) within the City of Calistoga (City).

RECOMMENDATION:

Conduct a Public Hearing and introduce the attached draft Ordinance and waive its first reading.

BACKGROUND/SUMMARY:

On May 16, 2023, City Council conducted a regular meeting providing policy direction for Staff to prepare regulations for mobile vending, or Food Trucks. In response to Council direction, Staff recommend the policy framework outlined below, upon which the attached ordinance (Attachment 1).

Please note City Attorney republished revisions redlined in Attachment 2.

1. Vehicle Requirements
• Mobile food vendors must operate from a licensed Mobile Vending Vehicle designed for food preparation, cooking, and selling.

2. Permitted Products
• Mobile food vendors can sell only food and non-alcoholic beverages for immediate consumption. Selling other products is not allowed.

3. Licenses, Permits & General Regulations
• Owners and Operators of Mobile Food Vehicles must obtain a Business License and Mobile Vending Permit from the City.
• Owners and Operators of Mobile Food Vehicles must obtain all necessary licenses and permits for food service, including a permit from the County Department of Health. • Owners and Operators of Mobile Food Vehicles must comply will all City of Calistoga Municipal codes.
• Compliance with state motor vehicle laws is required.

4. Operating Locations
a. Private Property
• Mobile food vendors can operate in Community Commercial (CC) and Light Industrial (I) zoning districts on private property without time restrictions or limitations on the number of vendors.
b. Public Property
• Mobile food vendors can operate within CC and I zoning districts within the public right-ofway (except fronting parcels with residential occupancy) and on City-owned property at the approval of the Planning & Building Director and Public Works Director.

Item #8.1.

Page 213 of 701 ends

• Mobile food vendors are prohibited from vending in the public right-of-way abutting a parcel with residential occupancy.
• Mobile food vendors are prohibited on State Highways – State Highway 128 and State Highway 29 within the City of Calistoga.
• The maximum duration per location is four hours per day, including set-up and clean-up. • The number of permits issued is limited to five (5) per calendar year.

5. Compliance Standards
• No dedicated customer parking spaces are required for Mobile Vending Vehicles. • Mobile vending vehicles must comply with the lighting standards of Calistoga Municipal Code Section 17.36.090 D, requiring that lighting is shielded so as not to shine or create glare on any adjacent property.
• Locations and operations must not obstruct traffic or violate accessibility requirements.

6. Nuisance Control
• Trash, recycling, and compost receptacles must be provided for customer use on-site. • Mobile Food Vendors must keep the area around their vehicles clean and free from litter or debris at all times.
• All debris, recycling and compost shall be removed by Mobile Food Vendor. • Any oil/grease/food debris shall be cleaned up immediately by Mobile Food Vendor. • The cost of any City actions required to remedy nuisances shall be charged to Mobile Food Vendor.

7. Safety
• All weeds and combustible vegetation shall be cleared a minimum of 25-feet from the Mobile Food Vendor vehicle and/or any fuel-fired equipment. • No refueling of fuel-fired equipment within 25-feet of combustible materials. • All electrical appliances, cords and fixtures shall be in good repair and rated for exterior use.

The attached Ordinance amends Chapters 5.12, 10.36, 17.22 and 17.26 of the Calistoga Municipal Code as set forth in Exhibit A of Attachment 1. In brief, the amendments will:
• revise CMC Chapter 5.12 Mobile Food Vendors – adding regulations for all mobile food vending within City limits; and
• revise CMC Chapter 10.36 Stopping, Standing, Loading, Unloading and Parking – prohibiting Mobile Food Vending except under the provisions of CMC Chapter 5.12. • revise CMC Chapters 17.22 (Community Commercial Zoning District) and 17.26 (Light Industrial Zoning District) – permitting Mobile Food Vending as a land use subject to the provisions of CMC Chapter 5.12.

Staff conducted outreach to restaurants regarding the ordinance contents and received no comments at time of packet publication.

CEQA STATUS:

This action does not meet the definition of a “project” under the California Environmental Quality Act (CEQA).

FINANCIAL IMPACT:

The financial impact to implement the Ordinance would be relatively minimal staff time associated with code amendments and enforcing any future regulations.

ATTACHMENT(S):

ATTCH 1 - Food Truck Ordinance
ATTCH 2 - Food Truck Ordinance - Redline Changes
Item #8.1.

Page 214 of 701 ends

APPROVAL(S):

Nitish Sharma Approved - Jul 20 2023
Laura Snideman, City Manager Approved - Jul 25 2023
Yudiana Galvan, Interim City Clerk Approved - Jul 25 2023 Item #8.1.

Page 215 of 701 ends

ATTACHMENT 1
4860-0257-0866 v1
ORDINANCE NO. XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CALISTOGA REPEALING AND REPLACING CHAPTER 5.12,
“PEDDLERS AND SOLICITORS,” OF THE CALISTOGA MUNICIPAL
CODE WITH CHAPTER 5.12, “MOBILE FOOD VENDORS,”
AMENDING SECTION 10.36.050, AND AMENDING SECTIONS

17.22.020, 17.26.020, TO REGULATE MOBILE FOOD VENDING
WHEREAS, on May 16, 2023, the City Council conducted a regular meeting providing direction for Staff to amend the City of Calistoga Municipal Code to permit mobile food vending in the Community Commercial and Light Industrial zoning districts; and
WHEREAS, permitting mobile food vending land uses in the City of Calistoga is desirable, and consistent with the goals, policies, and implementation measures of the General Plan; and
WHEREAS, the Land Use Element and the Economic Development Element of the City’s General Plan illustrate the City’s commitment to embracing opportunities for land use and economic diversification strategies; and
WHEREAS, in accordance with Section 17.02.040 of the Calistoga Municipal Code, amendments to Title 17, Zoning, of the City’s Municipal Code may be initiated by the City Council, a property owner or interested party; and WHEREAS, the amendments repeal Chapter 5.12, Peddlers and Solicitors, enact Chapter 5.12 Mobile Food Vendors, and modify Chapters 17.22 Community Commercial and 17.26 Light Industrial of the City’s Zoning Code to permit Mobile Food Vending uses; and
WHEREAS, the draft amendments were released to the public for review on the City’s website and published in the Calistoga Tribune on July 21, 2023; and WHEREAS, the Planning Commission considered amendment to the City’s Zoning Code (Chapters 17.22 Community Commercial and 17.26 Light Industrial) at its regular meeting of July 26, 2023. Prior to approving the amendment, the Planning Commission received written and oral reports by the staff, and received public testimony; and
WHEREAS, on July 26, 2023, and after all interested parties had the opportunity to be heard, the Planning Commission voted unanimously to support the proposed text amendments to the City Council for consideration, and adopted Resolution PC 2023- XXX; 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.

Item #8.1.

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Ordinance No. XXX
Mobile Food Vending Ordinance

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WHEREAS, to ensure public health and safety, the City Council does desire to enact the following regulations related to mobile food vending;

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
Chapter 5.12, “Peddlers and Solicitors,” of the Calistoga Municipal Code is hereby repealed, and Chapter 5.12, “Mobile Food Vendors,” is enacted, to read as set forth in its entirety in Exhibit A.

SECTION THREE
Section 10.36.050, “Standing or parking of vehicles by peddlers or vendors,” of the Calistoga Municipal Code is hereby amended to read in its entirety as follows:

10.36.050 Standing or parking of vehicles by peddlers or vendors A. The stopping or parking of vehicles for purposes of vending on city streets is prohibited, except in the public right-of-way in the Community Commercial (CC) and Light Industrial (I) zoning districts only, with the operation of all mobile food vending subject to requirements as set forth in Chapter 5.12 Mobile Food Vendors.

B. The stopping or parking of vehicles for purposes of vending on State Highway 128 or State Highway 29 is prohibited.

SECTION FOUR
Section 17.22.020, “Permitted primary uses,” of the Calistoga Municipal Code is hereby amended to read in its entirety as follows:

17.22.020 Permitted primary uses.

A. The following primary uses are permitted in the CC district:

1. Retail uses including, but not limited to: grocery stores, fruit and vegetable markets, pharmacies, bicycle sales, furniture sales, audio-video stores, florists, frame shops, bookstores, clothing and apparel shops, gift shops, sales of household goods and appliances, and hobby and craft shops.

2. Art galleries.

3. Service uses, including, but not limited to: dry cleaning, not including processing plants; laundromats; tailors; shoe repair; bicycle repair; repair of household goods and appliances.

Item #8.1.

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Ordinance No. XXX
Mobile Food Vending Ordinance

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4860-0257-0866 v1

4. Personal service establishments, such as spas, beauty salons, and barbershops.

5. Dance studios and schools.

6. Business and professional offices, such as for accountants, lawyers, architects, engineers, realtors, and financial advisors.

7. Medical and dental clinics.

8. Banks and financial institutions without drive-up facilities.

9. Veterinary clinics without boarding facilities.

10. Emergency shelters as defined in Chapter 17.04 CMC, subject to the following development standards:
a. A maximum of 20 beds shall be permitted.
b. Temporary shelter may be made available to residents for no more than 180 days in any 12-month period.
c. A client intake/waiting area shall be provided at a minimum of 10 square feet per bed provided at the facility, with a minimum of 100 square feet.

Said intake/waiting area shall be in a location not adjacent to the public right-of-way. If located at the exterior of a building, the intake/waiting area shall be visually separated from public view by a minimum six-foot-tall landscape screen or a minimum six-foot-tall decorative wall, and shall provide consideration for shade/rain provisions.
d. Adequate external lighting shall be provided for security purposes. e. Security personnel shall be provided during the hours that the emergency shelter is in operation.
f. At least one facility manager shall be on site at all hours that the facility is open. Additional support staff shall be provided, as necessary, to ensure that at least one staff member is provided in all segregated sleeping areas, as appropriate.

11. Mobile food vendors, subject to the requirements of CMC Chapter 5.12 Mobile Food Vendors.

12. Uses determined by the Planning Commission to be similar in nature, as provided for according to the procedures in Chapter 17.03 CMC.

SECTION FIVE
Section 17.26.020, “Uses Allowed,” of the Calistoga Municipal Code is hereby amended to read in its entirety as follows:

17.26.020 Uses allowed.

A. The following use is permitted in the I district:

Item #8.1.

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Ordinance No. XXX
Mobile Food Vending Ordinance

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4860-0257-0866 v1

1. Mobile food vendors, subject to the requirements of CMC Chapter 5.12 Mobile Food Vendors.

B. Uses allowed in the I district are as follows and each shall require a use permit:

1. Bookbinding;

2. Production, printing, or assembly of finished paper products including publishing facilities, mail services;

3. Production or assembly of food and kindred products;

4. Mini storage or warehouse;

5. Production or assembly of leather products or textile products;

6. Pharmaceutical products or research laboratories;

7. Public utility substations and public buildings;

8. Wineries; including public tours and tastings, winery events and private wine marketing events;

9. Commercial laundries;

10.Geothermal activity (exploration, development, and use);

11.Similar uses determined by the Planning Commission to be similar in nature, as provided by the procedures in Chapter 17.03 CMC.

SECTION SIX
The City Council 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 SEVEN
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
Item #8.1.

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Ordinance No. XXX
Mobile Food Vending Ordinance

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4860-0257-0866 v1
Effective Date. This Ordinance shall take effect 30 days from its passage, and 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 1
st day of August 2023, and was passed and
adopted at a regular meeting of the Calistoga City Council on the ## day of Month 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:
____________________________ __________________________ Yudiana Galvan, CMC, Interim City Clerk Donald Williams, Mayor Dated:___________________
Item #8.1.

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Ordinance No. XXX
Mobile Food Vending Ordinance

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4860-0257-0866 v1
Exhibit A
Chapter 5.12 Mobile Food Vendors

5.12.005 Definitions
For the purpose of this chapter, certain words and phrases shall be construed as herein set forth below:

A. “Mobile Food Vendor” means any person who is an owner or operator of a mobile vending vehicle.

B. “Mobile Vending Permit” means a permit for vending from a vehicle issued by the City Planning & Building Director, or designee.

C. “Mobile Vending Vehicle” means any vehicle, including food trucks, trailers, and lunch wagons, from which fruits, vegetables or foodstuffs are sold, displayed, solicited or offered for sale or bartered or exchanged.

D. “Owner” means any person, firm, association or corporation having proprietary control of or right to proprietary control of any mobile vending vehicle as defined herein.

E. “Operator” means any person who is operating, preparing food for sale, or engaging in the sale of food from a Mobile Vending Vehicle.

F. “Vehicle” has the same meaning as in California Vehicle Code section 670.

5.12.010 Requirements for mobile food vendors.

Mobile food vendors must be located and operated in accordance with the following provisions.

A. Permitted Vehicles. No person shall vend from a vehicle, except for in a mobile vending vehicle licensed by DMV, and designed and equipped for preparing, cooking and selling food.

B. Permitted Products. No vending shall occur from any vehicle in the City except for the sales of food and non-alcoholic beverages for immediate consumption, from a mobile food vendor in possession of a business license and mobile vending permit for such vending activity from the City. Sales of all other products is prohibited.

C. Licenses and Permits Required. Operators of mobile food vehicles operating in the City shall obtain a business license and mobile vending permit from the City. The owners of any mobile food truck shall be deemed responsible for ensuring that any operator obtains all necessary licenses and permits required for the service of food and beverages, including all required permits from the County Environmental Health Division. The mobile vending Item #8.1.

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Ordinance No. XXX
Mobile Food Vending Ordinance

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4860-0257-0866 v1
vehicle must be in compliance with applicable motor vehicle laws, and the operator must have the appropriate license classification for operating such vehicle.

D. Mobile Vending Permit Issuance and Revocation. As a condition of issuance of a mobile vending permit, an applicant shall be required to demonstrate that they carry automotive and general liability insurance with minimum limits of $1 million per occurrence, in a policy form deemed acceptable by the City Planning & Building Director. Permittees are required to maintain such insurance policies while conducting operations under such permit. As a condition of permit issuance, an applicant shall also sign an indemnity and hold harmless agreement, in a form satisfactory to the City Attorney, agreeing to indemnify, defend, and hold harmless the City, its officers, and employees from any liability, loss, or damage arising out of mobile vending operations. Fees for issuance of a mobile vending permit may be established by resolution of the City Council, and shall be paid prior to permit issuance. A mobile vending permit may be revoked by the Planning & Building Director, after notice to the permittee and an opportunity for hearing, for repeated non-compliance with the provisions of this chapter.

E. Operational Requirements. Mobile food vendors shall operate as follows:

1. Private Property. Mobile vending vehicles may conduct vending on private property in the Community Commercial (CC) and Light Industrial (I) zoning districts only.

2. Public Property. Mobile vending vehicles may conduct vending within the public rightof-way in Community Commercial (CC) and Light Industrial (I) zoning districts only.

Mobile food vendors are prohibited from vending in the public right-of-way abutting a parcel with residential occupancy. Mobile food vendors are prohibited from vending on State Highway 128 and State Highway 29 within the City of Calistoga.

3. Special Events. Mobile Vending may be permitted in connection with temporary special events regulated by Calistoga Municipal Code Chapter 5.18 Special Events.

4. Duration. Vending for each mobile vending vehicle shall be limited to a maximum period of four hours per day per location, including set-up and clean-up.

5. Number. Permit issuance shall be limited to five (5) in any calendar year.

6. Lighting. Mobile vending vehicles must comply with the lighting standards of Calistoga Municipal Code Section 17.36.090 D, requiring that lighting is shielded so as not to shine or create glare on any adjacent property.

7. Obstructions. Mobile vending vehicles and their operations, including their customers, seating, and equipment, must not obstruct the right-of-way, including blocking vehicular or bicycle traffic, or otherwise create hazards for vehicle or pedestrian traffic.

Operations of mobile vending vehicles, including any tables, trash cans, and other seating or equipment, shall not block accessible paths of travel.

Item #8.1.

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Ordinance No. XXX
Mobile Food Vending Ordinance

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4860-0257-0866 v1

8. Trash, Recycling & Compost. Mobile food vendors shall keep the area near their vehicles free from any litter or debris and shall provide trash, recycling and compost receptacles for customer use on site. All litter generated within a minimum of a 100-foot radius of the site must be collected prior to closure of the mobile food truck operations.

Any oil/grease/food debris deposited on streets, sidewalks, or private property shall be cleaned up immediately by the mobile food vendor. Any city costs incurred to remedy nuisance conditions or violations of this provision shall be chargeable to the mobile food vendor, and shall be paid within 30 days. Failure to pay shall be grounds for permit revocation or non-renewal.

9. Safety. Mobile Food Vendors shall maintain compliance with all applicable provisions of the California Health & Safety Code, California Retail Food Code, and the Calistoga Municipal Code. Mobile vendors shall not refuel generators or other gas-powered equipment near combustible brush or vegetation, and shall ensure that they operate in locations where there is a minimum of 25 feet of clearance from combustible brush or vegetation in order to maintain adequate fire safety. Cooking or use of any appliance with an open flame outside of a vehicle is prohibited. All electrical appliances, cords and fixtures used by a mobile food vender shall be in good repair and listed for exterior use.

5.12.020 Other vehicle vending prohibited.

All other vending from a vehicle, whether in the public right-of-way or on private property, other than mobile food vending meeting the requirements of section 5.12.010, shall be prohibited.

Item #8.1.

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ATTACHMENT 2
4860-0257-0866 v1
Exhibit A
Chapter 5.12 Mobile Food Vendors
(redline changes between published versions)

5.12.005 Definitions
For the purpose of this chapter, certain words and phrases shall be construed as herein set forth below:

A. “Mobile Food Vendor” means any person who is an owner or operator of a mobile vending vehicle.

B. “Mobile Vending Permit” means a permit for vending from a vehicle issued by the City Planning & Building Director, or designee.

C. “Mobile Vending Vehicle” means any vehicle, including food trucks, trailers, and lunch wagons, from which fruits, vegetables or foodstuffs are sold, displayed, solicited or offered for sale or bartered or exchanged.

D. “Owner” means any person, firm, association or corporation having proprietary control of or right to proprietary control of any mobile vending vehicle as defined herein.

E. “Operator” means any person who is operating, preparing food for sale, or engaging in the sale of food from a Mobile Vending Vehicle.

F. “Vehicle” has the same meaning as in California Vehicle Code section 670.

5.12.010 Requirements for mobile food vendors.

Mobile food vendors must be located and operated in accordance with the following provisions.

A. Permitted Vehicles. No person shall vend from a vehicle, except for in a mobile vending vehicle licensed by DMV, and designed and equipped for preparing, cooking and selling food.

B. Permitted Products. No vending shall occur from any vehicle in the City except for the sales of food and non-alcoholic beverages for immediate consumption, from a mobile food vendor in possession of a business license and mobile vending permit for such vending activity from the City. Sales of all other products is prohibited.

C. Licenses and Permits Required. Operators of mobile food vehicles operating in the City shall obtain a business license and Mobile mobile Vending vending Permit permit from the City. The owners of Item #8.1.

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any mobile food truck shall be deemed responsible for ensuring that any operator obtains all necessary licenses and permits required for the service of food and beverages, including all required permits from the County Environmental Health Division. The mobile vending vehicle must be in compliance with applicable motor vehicle laws, and the operator must have the appropriate license classification for operating such vehicle.

D. Mobile Vending Permit Issuance and Revocation. As a condition of issuance of a mobile vending permit, an applicant shall be required to demonstrate that they carry automotive and general liability insurance with minimum limits of $1 million per occurrence, in a policy form deemed acceptable by the City Planning & Building Director. Permittees are required to maintain such insurance policies while conducting operations under such permit. As a condition of permit issuance, an applicant shall also sign an indemnity and hold harmless agreement, in a form satisfactory to the City Attorney, agreeing to indemnify, defend, and hold harmless the City, its officers, and employees from any liability, loss, or damage arising out of mobile vending operations. Fees for issuance of a mobile vending permit may be established by resolution of the City Council, and shall be paid prior to permit issuance. A mobile vending permit may be revoked by the Planning & Building Director, after notice to the permittee and an opportunity for hearing, for repeated noncompliance with the provisions of this chapter.

E. Operational Requirements. Mobile food vendors shall operate as follows:

1. Private Property. Mobile vending vehicles may conduct vending on private property in the Community Commercial (CC) and Light Industrial (I) zoning districts only.

2. Public Property. Mobile vending vehicles may conduct vending within the public right-of-way in Community Commercial (CC) and Light Industrial (I) zoning districts only. Mobile food vendors are prohibited from vending in the public right-of-way abutting a parcel with residential occupancy. Mobile food vendors are prohibited from vending on State Highway 128 and State Highway 29 within the City of Calistoga.

3. Special Events. Mobile Vending may be permitted in connection with temporary special events regulated by Calistoga Municipal Code Chapter 5.18 Special Events.

Item #8.1.

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4. Duration. Vending for each mobile vending vehicle shall be limited to a maximum period of four hours per day per location, including set-up and clean-up.

5. Number. Permit issuance shall be limited to five (5) in any calendar year.

6. Lighting. Mobile vending vehicles must comply with the lighting standards of Calistoga Municipal Code Section 17.36.090 D, requiring that lighting is shielded so as not to shine or create glare on any adjacent property.

7. Obstructions. Mobile vending vehicles and their operations, including their customers, seating, and equipment, must not obstruct the right-of-way, including blocking vehicular or bicycle traffic, or otherwise create hazards for vehicle or pedestrian traffic. Operations of mobile vending vehicles, including any tables, trash cans, and other seating or equipment, shall not block accessible paths of travel.

8. Trash, Recycling & Compost. Mobile Food food Vendors vendors shall keep the area near their vehicles free from any litter or debris and shall provide trash, recycling and compost receptacles for customer use on site. All litter generated within a minimum of a 100-foot radius of the site must be collected prior to closure of the mobile food truck operations. Any oil/grease/food debris deposited on streets, sidewalks, or private property shall be cleaned up immediately by the mobile food vendor and if necessary, City can require power washing for cleanup of space at cost to Mobile Vendor. Any city costs incurred to remedy nuisance conditions or violations of this provision shall be chargeable to the mobile food vendor, and shall be paid within 30 days. Failure to pay shall be grounds for permit revocation or non-renewal.

9. Safety. Mobile Food Vendors shall mMaintain compliance with all applicable provisions of the California Health & Safety codesCode, California Retail Food Code, Napa County Health & Safety codes, and the City of Calistoga Municipal codesCode. All weeds and combustible vegetation shall be cleared a minimum of 25-feet from the Mobile Food Vendor vehicle and/or any fuel-fired equipment. No refueling of fuel-fired equipment within 25-feet of combustible materials. Mobile vendors shall not refuel generators or other gas-powered equipment near combustible brush or vegetation, and shall ensure that they operate in locations where there is a minimum of 25 feet of clearance from combustible brush or vegetation in order to maintain adequate fire safety.

Cooking or use of any appliance with an open flame outside of a Item #8.1.

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vehicle is prohibited. All electrical appliances, cords and fixtures used by a mobile food vender shall be in good repair and listed for exterior use.

5.12.020 Other vehicle vending prohibited.

All other vending from a vehicle, whether in the public right-of-way or on private property, other than mobile food vending meeting the requirements of section 5.12.010, shall be prohibited.

Item #8.1.

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City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Jeff Mitchem, Planning & Building Director
Meeting: City Council - Aug 01 2023
Subject: Adoption of CEQA Mitigated Negative Declaration and General Plan Amendment (GPA 2023-1) for the 2023-2031 Housing Element Update DESCRIPTION:

Continued from July 18, 2023 regular City Council meeting, this item is the adoption of a Mitigated Negative Declaration and the 2023-2031 Housing Element Update to the City’s General Plan and direction to staff to submit to the California Department of Housing and Community Development (HCD).

RECOMMENDATION:

Consider adopting the attached two Resolutions:
• Attachment 1. Adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (Attachment 1, Exhibit A).
• Attachment 2. Adopting a General Plan Amendment to repeal the 2015-2023 Housing Element and adopting the Housing Element of the General Plan for the period of 2023-2031 with findings that it substantially complies with the State Housing Element Law (Attachment 2, Exhibit A).

BACKGROUND/SUMMARY:

Housing Element Content
Since April 2021, the City has been in the process of updating the Housing Element (HE) of the General Plan for the 2023-2031 period (6th Cycle) as required by State law.

The complete 2023-2031 Housing Element Update (Attachment 3) and Negative Declaration are available on the City website at:
https://www.ci.calistoga.ca.us/city-hall/departments-services/planning-building-department/planningdivision/calistoga-housing-element-project The Housing Element is organized into the following sections:
• Chapter 1, Introduction. The Introduction summarizes State requirements relating to the Housing Element.
• Chapter 2, Review of the 5th Cycle Housing Element. This section evaluates the progress made on the 2015-2023 RHNA and actions from the last housing element. • Chapter 3, Affirmatively Furthering Fair Housing. This section includes an assessment of fair housing issues and describes the community engagement process used to ensure public involvement in the development of the 2023-2031 Housing Element. • Chapter 4, Demographic and Housing Stock Overview and Housing Needs. This section includes demographic and housing data that characterize the community’s housing profile and Item #8.2.

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existing and projected housing needs. This section also includes an inventory of at-risk affordable housing units in the city.
• Chapter 5, Housing Sites and Resources. This section provides an updated inventory of approved housing projects and sites for the development of housing and identifies housing opportunities and resources.
• Chapter 6, Constraints to the Development of Housing. This section provides an overview and analysis of potential constraints to the development of housing. • Chapter 7, Energy Conservation. This section of the Housing Element describes opportunities for energy conservation in residential development.
• Chapter 8, Housing Policies and Programs. This section contains the Goals, Objectives, Policies and Actions that will guide the City’s implementation efforts over the next eight years in meeting housing needs for all economic segments of the community.

HE Changes in Response to HCD Review
On August 24, 2022 City Staff received comments from HCD (after 90-day review) on the Draft HE and revised the document in response (Attachment 4). On November 15, 2022 City Council held a public hearing to review the Revised Draft HE and directed Staff send to HCD for review.

On February 28, 2023, City Staff received comments from HCD on the Revised Draft HE (after 60- day review) and revised the document in response (Attachment 5). Staff incorporated all revisions and presented the document to the Housing Advisory Committee and the Planning Commission. In summary, those revisions (since Council’s last review, appear as track-changes in Attachment 3), are:

Chapters 3-7, the primary thrust of the comments on these chapters is related to increased depth and breadth of technical analysis for: 1) regional and local trends and patterns across neighborhoods for income, disability, and familial status; 2) local and regional disparities of access to educational, environmental, and economic opportunities; and, 3) contributing factors and fair housing issues such as elderly, persons with disabilities, large families, farmworkers, families with single- and female-households.

Chapter 8, Housing Policies and Programs contains the housing goals, policies, and implementing actions that will guide housing development and services to meet the city’s future housing needs. In summary, the Planning Commission recommended revisions are:

Implementation Timeframe. Revision to all actions to specify implementation milestone date (e.g., month/year) for implementation instead of time period (e.g., within two-years of HE certification.) Note that some timelines are less than two years which was City Council's prior direction.

Revised Actions. Nineteen (19) policies are revised to better specify deliverables, measurable metrics for success and objective implementation deadlines. • A1.2-3 (page 8-2) – details related to ADU permit streamlining. • A1.2-3 (page 8-2) – details related to ADU affordability tracking. • A1.2-5 (page 8-3) – vacation homeowner outreach related to workforce housing. • A1.2-6 (page 8-3) – community-based organization collaboration to assist with outreach to second homeowners.
• A2.1-3 (page 8-5) – City consideration of purchasing suitable housing property. • A2.1-6 (page 8-6) – expedited approval process for qualifying housing developments.

Item #8.2.

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• A2.3-1 (page 8-7) – changed biennial review to annual review of linkage fees on nonresidential development.
• A4.1-3 (page 8-9) – specified annual meeting with Napa County. • A4.1-3 (page 8-9) – specified annual collaboration with Napa County. • A4.2-1 (page 8-11) – specified special needs populations to include farmworkers, female and single-parent households.
• A4.2-2 (page 8-11) – same as previous
• A4.3-2 (page 8-11) – same as previous
• A4.4-3 (page 8-12) – specified partnership with community-based organization to pursue grant funding.
• A5.1-1 (page 8-13) – included forums as type of outreach for technical assistance. • A5.1-4 (page 8-13) – added emphasis to encourage historic properties rehabilitation • P5.2-1 (page 8-14) – specified location of City’s older residential neighborhoods • A5.2-3 (page 8-14) – specified types of outreach events • A6.1-3 (page 8-16) - specified shared parking strategies • A6.1-10-12 (page 8-17) – combined actions related to Surplus Lands Act New Actions. Nine (9) new policies are added to implement findings resulting from the expanded analysis required by HCD throughout the balance of the HE (Chapters 3-7):
• A1.2-3 (page 8-2) – data collection for ADUs
• A2.1-7 (page 8-6) – study for housing in-lieu fee
• A4.1-9 (page 8-10) – community outreach for female, minority and single-parent householders
• A6.1-4 (page 8-15) – emergency shelter parking
• A6.1-5 (page 8-15) – supportive and transitional housing • A6.1-6 (page 8-15) – agricultural housing
• A6.1-7 (page 8-16) – parking for small residential units • A6.1-8 (page 8-16) – fees and accommodations for persons with disabilities • A6.1-9 (page 8-16) – residential care facilities and group homes Ministerial Review – Streamlined Housing Approvals. On June 27, 2023, HCD released the 2023 SB 35 Determination that Calistoga is one of 42 jurisdictions (539 total) not subject to streamlining under SB 35 because the City has met the prorated Lower (Very-Low and Low) and AboveModerate Income Regional Housing Needs Assessment (RHNA) for the 2022 reporting period.

Accordingly, the City can change its position on streamlining as the City does not need to implement the streamlining procedures in Government Code section 65913.4. However, while the City is not required to implement streamlining, HCD may still push for the policies included in the previous editions of the City’s Housing Element, especially given that HCD notes in their determination that they are still “encouraging” streamlining in cities not subject to SB 35 procedures.

There are four relevant Actions included in the City’s earlier drafts of the Housing Element reviewed by HCD.

A1.2-7 Adopt objective design standards for multi-family residential development, which will be applied to projects eligible for ministerial review.

A5.3-3 Amend Zoning Code Chapter 17.41 Design Review to include elements in objective design standards referenced in A1.2-7and A5.3-1 related to non-ministerial review of development projects.

Item #8.2.

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Director Recommendation for Actions 1.2-7 and A5.3-3 – Leave as is. The City should still have objective standards for projects that may be eligible for ministerial review in the future, as well as to assist in processing applications and noting inconsistencies with the City’s regulations.

A2.1-5 Change the zoning on housing opportunity sites to allow ministerial review, as may be required by state law, of housing development projects when a minimum of 20 percent of the units in the development are affordable to extremely low-, very low-, low-, or moderateincome households.

A6.1-2 Modify the Zoning Ordinance so that parcels in the Site Inventory identified in previous Housing Elements ("Reuse Sites") with at least 20 percent of the units affordable to lowerincome households are eligible for by-right processing with ministerial review, as may be required by state law. Before modification of the Zoning Ordinance, the City should consider identification of any biological or cultural resources on the Reuse Sites that may impact the development viability of the identified sites.

Director Recommendation for Actions A2.1-5 and A6.1-2 – Modify slightly, as noted in underlined text above so that the City is not allowing streamlining if not required by state law.

Housing Element Review Process Overview
For procedural context, please note the following summary of the public review milestones achieved in producing the Draft and Final HE documents:

City Council
• August 1, 2023, Public Hearing to consider adoption of the Final HE and submittal to HCD for certification.
• July 18, 2023, Public Hearing to consider adoption of the Final HE and submittal to HCD for certification. The item was continued to August 1, 2023. • November 15, 2022, Public Hearing to submit the Recommended Final HE to HCD for their final 60-day review.
• October 18, 2022, Public Hearing to review and discuss HCD comments on, and staffrecommended responses to, the draft Housing Element. • April 19, 2022, Public Hearing to review the Draft HE and direction of staff to submit to HCD for 90-day review.

Planning Commission
• May 24, 2023 Public Hearing where Planning Commission unanimously voted to Recommend the Final HE for submittal to HCD for certification. • May 10, 2023, Public Hearing to review and discuss HCD comments on, and staffrecommended responses to, the revised draft Housing Element. • October 26, 2022, November 2, 2022, Public Hearing to submit the Recommended Final HE to HCD for their final 60-day review.
• September 28, 2022, Public Hearing to review and discuss HCD comments on, and staffrecommended responses to, the draft Housing Element. • March 9, 2022, Public Hearing to review the Draft HE and direction of staff to submit to HCD for 90-day review.

Housing Advisory Committee
• Publicly noticed meetings on February 28, 2022, March 21, 2022, September 19, 2022, October 17, 2022 and May 15, 2023 when Housing Advisory Committee unanimously Item #8.2.

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voted to advise Planning Commission recommend to City Council the Final HE be adopted and submitted to HCD for certification.

City Attorney Review
• City Attorney review has been completed for the contents of this Staff Report and all Attachments. Additional focused review has been conducted on Chapter 8 Housing Policies and Programs with specific attention to the primary legal mandates for housing initiatives such as downzoning, by-right provisions, ministerial review, rent control, etc.

CEQA STATUS:

A Draft Initial Study/Mitigated Negative Declaration (Attachment 1, Exhibit A) was prepared for the Housing Element. On August 23, 2022, a Notice of Availability (NOA) was distributed pursuant to local noticing requirements and posted with the California State Clearinghouse and the Napa County Clerk’s Office, which initiated a 30-day public comment period beginning on August 23, 2022, and ending September 21, 2022. The Initial Study/Mitigated Negative Declaration concluded that the Housing Element could result in potentially significant impacts related to Air Quality, Biological Resources, Cultural Resources, Energy Resources, Geology/Soils, Greenhouse Gases, Hazards/Hazardous Materials, Hydrology/Water Quality, Mineral Resources, Noise, Transportation and Circulation, Tribal Cultural Resources, and Utilities and Service Systems. The Initial Study/Mitigated Negative Declaration concluded that potential impacts would be mitigated to less than significant levels through the implementation of recommended mitigation measures or through compliance with existing Municipal Code requirements and City standards. The City will impose mitigation measures identified and contained in the Mitigation Monitoring and Reporting Program on future housing projects that implement the Housing Element. The Initial Study and Mitigated Negative Declaration, Response to Comments and the Mitigation Monitoring and Reporting Program are incorporated herein by reference.

ATTACHMENT(S):

ATTCH 1 - HE-CEQA Resolution + Exhibit A (ISMND)
ATTCH 2 - HE Law Resolution + Exhibit A (Findings)
ATTCH 3 - Calistoga HE ADOPTION DRAFT - TrackChange
ATTCH 4 - HCD Comment-City Response - 90-day Review
ATTCH 5 - HCD Comment-City Response - 60-day Review-REVD7-7 APPROVAL(S):

Nitish Sharma Approved - Jul 20 2023
Laura Snideman, City Manager Approved - Jul 25 2023
Yudiana Galvan, Interim City Clerk Approved - Jul 25 2023 Item #8.2.

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ATTACHMENT 1
4890-1460-7209 v1
RESOLUTION NO. 2023-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA ADOPTING A

MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE CITY OF CALISTOGA 2023-2031 HOUSING

ELEMENT
WHEREAS, the California Government Code Section 65302 mandates that each city shall include a Housing Element in its General Plan, and that the Housing Element be updated periodically to reflect current conditions and legal requirements and set forth goals, policies and programs for the preservation, improvement and development of housing for all economic segments of the community and housing for persons with special needs; and
WHEREAS, State Housing Element Law (Government Code Sections 65580 et seq.) requires that the City Council adopt a Housing Element for the eight-year period 2023-2031 to accommodate the City’s regional housing need allocation (RHNA) of 119 housing units, comprised of 31 very-low income units, 19 low-income units, 19 moderateincome units, and 50 above moderate-income units; and WHEREAS, to comply with State Housing Element Law, the City has prepared the Housing Element 2023-2031 (the Housing Element) in compliance with State Housing Element Law and has identified sites that demonstrate the City’s capacity to accommodate housing units necessary to comply with the City’s RHNA; and WHEREAS, as provided in Government Code Section 65350 et. seq., adoption of the Housing Element constitutes a General Plan Amendment; and WHEREAS, pursuant to the California Environmental Quality Act(" CEQA") an Initial Study was completed. On the basis of the initial study, City staff prepared a Mitigated Negative Declaration (MND) for the project pursuant to CEQA, which is attached as Exhibit A to this Resolution and incorporated herein by reference; and WHEREAS, the Notice of Intent to Adopt an Initial Study and Mitigated Negative Declaration for the City of Calistoga Housing Element Update was sent to the California State Clearinghouse, Napa County Clerk, responsible agencies, trustee agencies, adjacent cities and was made available to members of the public for public comment on August 19, 2022; and
WHEREAS, the 30- day public review period for the Notice of Intent to Adopt an Initial Study and Negative Declaration for the City of Calistoga Housing Element Update closed on September 19, 2022; and
WHEREAS, as provided in Government Code Sections 65352 - 65352.5, the City of Calistoga referred the Housing Element to all California Native American tribes on the contact list provided by the Native American Heritage Commission and to other entities listed and the Federated Indians of Mishewal Wappo of Alexander Valley ("Tribe") requested consultation; and
Item #8.2.

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Resolution No. 2023-XX
Housing Element
August 1, 2023

Page 2 of 4 ends

WHEREAS, the City of Calistoga held one meeting with the Tribe to discuss the Housing Element and offered additional engagement opportunities at key points during the development of the Housing Element which helped inform the process; and
WHEREAS, in accordance with Government Code Section 65585(b), on November 15, 2022, the City posted the draft Housing Element and requested public comment for a 30-day review period, and on December 30, 2022, after responding to public comments, the City submitted the draft Housing Element to the State Department of Housing and Community Development (HCD) for its review; and WHEREAS, in August 2022 and February 2023, HCD provided comments to the City regarding the adequacy of the draft Housing Element, and based upon this, the City revised the draft Housing Element to include the additional information and data that was requested; and
WHEREAS, on May 17, 2023, the City published the final draft of the Housing Element and requested public comment on the final draft; and WHEREAS, though not required, public and agency comments received on the Public Draft IS/MND were responded to in a Response to Comments document dated March 2023, which was included in the May 24, 2023 Planning Commission Staff Report, Attachment 4 thereto; and
WHEREAS, on May 12, 2023, public notice of the May 24, 2023, Planning Commission meeting to consider the Housing Element was published in the Calistoga Tribune, posted on the City’s website, and bulletin boards; and WHEREAS, the Planning Commission considered the Housing Element and the Mitigated Negative Declaration at a public hearing on May 24, 2023, received written and oral reports by the staff, and received public testimony, prior to taking action on the recommendation to Council; and
WHEREAS, based on its review of the entire record herein, including the MND, the Initial Study, all supporting, referenced, and incorporated documents, and all comments received, the Planning Commission found no substantial evidence that the Project as mitigated will have a significant effect on the environment, and recommended that the City Council adopt the MND for the Project, including the Mitigation Monitoring and Reporting Program incorporated herein by reference; and WHEREAS, on June 9, 2023, public notice of the June 20, 2023, City Council meeting to consider the Initial Study/Mitigated Negative Declaration and Housing Element was published in the Calistoga Tribune, posted on the City’s website, and bulletin boards; and
WHEREAS, the City Council continued review of the Initial Study/Mitigated Negative Declaration and 2023 Housing Element Update to a public hearing on July 18, 2023; and
4890-1460-7209 v1
Item #8.2.

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Resolution No. 2023-XX
Housing Element
August 1, 2023

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WHEREAS, on July 18, 2023, the City Council reviewed the Initial Study/Mitigated Negative Declaration and 2023 Housing Element Update at a public hearing, and during its review, considered the public record, including the staff report, and written materials and testimony presented by the public during the hearing and continued the item to August 1, 2023; and WHEREAS, on August 1, 2023, the City Council reviewed the Initial Study/ Mitigated Negative Declaration and 2023 Housing Element Update at a public hearing, and during its review, considered the public record, including the staff report, and written materials and testimony presented by the public during the hearing.

THEREFORE, BE IT RESOLVED by the City of Calistoga City Council hereby finds, based on substantial evidence in the record, that:

1. The foregoing recitals are true and correct and are incorporated by reference into this action.

2. In accordance with the requirements of CEQA, the City Council hereby finds as follows:
a. The City Council has considered the Initial Study and Mitigated Negative Declaration and other information in the record, prior to acting upon the Housing Element Update.
b. The Initial Study and Mitigated Negative Declaration prepared for the Housing Element Update have been completed in accordance with the requirements of CEQA.
c. The Initial Study and Mitigated Negative Declaration prepared for the Housing Element Update represent the independent judgment and analysis of the City as lead agency.
d. The revisions to the Housing Element made after circulation of the Mitigated Negative Declaration do not alter the analysis set forth in the Mitigated Negative Declaration and no revisions are required to the Mitigated Negative Declaration.
e. There is no substantial evidence in the record that the Housing Element Update, as mitigated, will have a significant effect on the environment .

3. The City Council hereby approves and adopts the Initial Study and Mitigated Negative Declaration and the Mitigation and Monitoring Program for the Housing Element Update.

4. Pursuant to CEQA Guidelines section 15091(e), the documents and other materials that constitute the record of proceedings upon which the City Council has based its adoption are located in and may be obtained from the City of Calistoga, Planning & Building Department located at 1232 Washington St Calistoga, Ca 94515.

5. The Planning & Building Director is hereby directed to file a Notice of Determination with respect to the Initial Study and Mitigated Negative Declaration with the County Clerk of the County of Napa.

Item #8.2.

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4890-1460-7209 v1
Resolution No. 2023-
XX Housing Element
August 1, 2023

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APPROVED:

Yudiana Galvan, Interim City Clerk Donald Williams, Mayor PASSED, APPROVED, AND ADOPTED this 1st day of August 2023. I, YUDIANA

GALVAN, INTERIM 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:
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$%67$,1

ABSENT:

ATTEST:

Item #8.2.

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CITY OF CALISTOGA
2023 – 2031 HOUSING ELEMENT

INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
LEAD AGENCY:

CITY OF CALISTOGA

PLANNING & BUILDING DEPARTMENT
1232 WASHINGTON STREET
CALISTOGA, CA 94515
CONTACT: JEFF MITCHEM, PLANNING & BUILDING DIRECTOR
PREPARED BY:

METROPOLITAN PLANNING GROUP
499 HUMBOLDT STREET SANTA ROSA, CA 95404
AUGUST 2022

M-GROUP
EXHIBIT A TO RESOLUTION 2023-XXX Item #8.2.

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[PAGE INTENTIONALLY LEFT BLANK]
Item #8.2.

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City of Calistoga
2023 – 2031 Housing Element i Initial Study/Mitigated Negative Declaration 2023 – 2031 HOUSING ELEMENT

CEQA ENVIRONMENTAL CHECKLIST AND INITIAL STUDY
Initial Study Checklist
Project Title: 2023 – 2031 Housing Element
Lead agency name and
address:

City of Calistoga, Planning & Building Department
1232 Washington Street
Calistoga, CA 94515
Contact person and phone
number:

Jeff Mitchem, Planning & Building Director
707-942-2830
[email protected]
Project Location: Citywide (6th Cycle Housing Sites: 011-062-009; 011-062-008; 011-072- 020; 011-050-024; 011-101-002; 011-214-001; 011-214-002; 011-214- 006; 011-215-001; 011-215-011)
Project Sponsor/Owner: City of Calistoga
Planning & Building Department
1232 Washington Street
Calistoga, CA 94515
General Plan Designations: Citywide (6th Cycle Housing Sites: Community Commercial (CC); High Density Residential (HDR); Light Industrial (LI))
Zoning: Citywide (6th Cycle Housing Sites: Community Commercial (CC); Multifamily Residential/Office (R3); Industrial (I))
Description of project: The proposed project is a General Plan Amendment to update the City of Calistoga’s Housing Element which consists of the following:
• Housing development constraints (including zoning allowances) • Housing needs and fair housing
• At-risk housing
• Accommodating the Regional Housing Needs Allocation (RHNA) which includes identifying specific sites appropriate for affordable housing
• Updating existing & establishing new objectives, policies, and programs, and
• Affirmatively furthering fair housing through site selection, public outreach, and the development of policies and programs.

Surrounding land uses and
setting:

The Housing Element encompasses the City of Calistoga, which is surrounded by Napa County and contains undeveloped land, agriculture, open space, and rural residential development. The housing sites identified in the 2023 – 2031 Housing Element are surrounded by vacant and developed properties with General Plan designations of either Community Commercial, Downtown Commercial, High Density Residential, Light Industrial, or Public/Quasi Public.

Other public agencies whose
approval is required:

California Department of Housing and Community Development (HCD) California Native American
tribes traditionally and
culturally affiliated with the
project area that have
requested consultation:

Mishewal Wappo Tribe of Alexander Valley
Item #8.2.

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City of Calistoga
2023 – 2031 Housing Element ii Initial Study/Mitigated Negative Declaration [PAGE INTENTIONALLY LEFT BLANK]
Item #8.2.

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City of Calistoga
2023 – 2031 Housing Element iii Initial Study/Mitigated Negative Declaration 2023 – 2031 6
th CYCLE HOUSING ELEMENT

CEQA ENVIRONMENTAL CHECKLIST AND INITIAL STUDY
TABLE OF CONTENTS PAGE #

1. INTRODUCTION ............................................................................................................................1

1.1. PURPOSE AND INTENT.......................................................................................................................1

1.2. PUBLIC REVIEW ...................................................................................................................................1

2. PROJECT DESCRIPTION.................................................................................................................3

3. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED ............................................................14

4. DETERMINATION (TO BE COMPLETED BY LEAD AGENCY).......................................................14

5. EVALUATION OF ENVIRONMENTAL IMPACTS..........................................................................16

5.1. AESTHETICS........................................................................................................................................16

5.2. AGRICULTURAL AND FORESTRY RESOURCES ...............................................................................21

5.3. AIR QUALITY.......................................................................................................................................23

5.4. BIOLOGICAL RESOURCES.................................................................................................................29

5.5. CULTURAL RESOURCES....................................................................................................................37

5.6. ENERGY ..............................................................................................................................................41

5.7. GEOLOGY AND SOILS.......................................................................................................................44

5.8. GREENHOUSE GAS EMISSIONS.......................................................................................................49

5.9. HAZARDS/HAZARDOUS MATERIALS...............................................................................................52

5.10. HYDROLOGY AND WATER QUALITY ...............................................................................................56

5.11. LAND USE AND PLANNING..............................................................................................................62

5.12. MINERAL RESOURCES ......................................................................................................................66

5.13. NOISE..................................................................................................................................................68

5.14. POPULATION AND HOUSING..........................................................................................................72

5.15. PUBLIC SERVICES ..............................................................................................................................74

5.16. RECREATION ......................................................................................................................................77

5.17. TRANSPORTATION AND CIRCULATION..........................................................................................79

5.18. TRIBAL CULTURAL RESOURCES.......................................................................................................84

5.19. UTILITIES AND SERVICE SYSTEMS ...................................................................................................86

5.20. WILDFIRE............................................................................................................................................91

5.21. MANDATORY FINDINGS OF SIGNIFICANCE (CAL. PUB. RES. CODE §15065) .............................93

6. REFERENCE DOCUMENTS...........................................................................................................95

LIST OF FIGURES
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City of Calistoga
2023 – 2031 Housing Element iv Initial Study/Mitigated Negative Declaration FIGURE 1: CALISTOGA REGIONAL LOCATION.................................................................................................7 FIGURE 2: GENERAL PLAN LAND USE DESIGNATIONS ..................................................................................8 FIGURE 3: HOUSING ELEMENT UPDATE 6TH CYCLE SITES .............................................................................9 FIGURE 4: 6TH CYCLE SITES LAND USE DESIGNATIONS ...............................................................................10 FIGURE 5: 6TH CYCLE SITES ZONING...............................................................................................................11 FIGURE 6: ZONING DESIGNATION..................................................................................................................11 FIGURE 7: BIOLOGICAL RESOURCES AND HOUSING OPPORTUNITY SITES..............................................30

LIST OF TABLES
TABLE 1: NET RHNA............................................................................................................................................3

LIST OF ACRONYMS

ASSEMBLY BILL AB

ABOVE MEAN SEA LEVEL AMSL

BAY AREA AIR QUALITY MANAGEMENT DISTRICT BAAQMD

BEST MANAGEMENT PRACTICES BMP

BRITISH THERMAL UNIT BTU

CALIFORNIA AIR RESOURCES BOARD CARB

CALIFORNIA DEPARTMENT OF CONSERVATION GEOLOGIC ENERGY

MANAGEMENT DIVISION
CALGEM

CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE CDFW

CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION CAL FIRE

CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCES CONTROL DTSC

CALIFORNIA EMISSIONS ESTIMATOR MODEL CALEEMOD

CALIFORNIA ENDANGERED SPECIES ACT CESA

CALIFORNIA ENERGY COMMISSION CEC

CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY ACAL-EPA

CALIFORNIA ENVIRONMENTAL QUALITY ACT CEQA

CALIFORNIA NATURAL DIVERSITY DATABASE CNDDB

CALIFORNIA REGISTER OF HISTORICAL RESOURCE CRHR

CALIFORNIA SURFACE MINING AND RECLAMATION ACT SMARMA
CARBON DIOXIDE EQUIVALENT CO2E

CARBON MONOXIDE CO

CLEAN WATER ACT CWA

COMMUNITY NOISE EQUIVALENT LEVEL CNEL

EMERGENCY VEHICLE ACCESS EVA

ENVIRONMENTAL IMPACT REPORT EIR
Item #8.2.

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City of Calistoga
2023 – 2031 Housing Element v Initial Study/Mitigated Negative Declaration

ENVIRONMENTAL SITE ASSESSMENT ESA

EXECUTIVE ORDER EO

FEDERAL EMERGENCY MANAGEMENT AGENCY FEMA

FEDERAL ENDANGERED SPECIES ACT FESA

FIRE HAZARD SEVERITY ZONES FHSZ

FLOOD INSURANCE RATE MAPS FIRM

GREENHOUSE GASES GHG

HISTORICALLY RECOGNIZED ENVIRONMENTAL CONDITIONS HREC

INITIAL STUDY IS

INSTITUTE OF TRANSPORTATION ENGINEERS ITE

LEAKING UNDERGROUND STORAGE TANK LUST

LEVEL OF SERVICE LOS

LOW IMPACT DEVELOPMENT LID

MEGAWATT HOURS MWH
METHANE CH3

METRIC TONS MT

MIGRATORY BIRD TREATY ACT MBTA

MILLION GALLONS PER DAY MGD

MITIGATED NEGATIVE DECLEARATION MND

MITIGATION MONITORING AND REPORTING PROGRAM MMRP

MOST LIKELY DESCENDENT MLD

NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM NPDES

NATIONAL REGISTER OF HISTORIC PLACES NRHP

NATIVE AMERICAN HERITAGE COMMISSION NAHC

NITROGEN OXIDES NOX

NORTHWEST INFORMATION CENTER NWIC

NOTICE OF INTENT NOI

OFFICE OF PLANNING AND RESEARCH OPR

PARTICULATE MATTER PM

PEAK PARTICLE VELOCITY PPV

POUNDS PER DAY LBS/DAY

PUBLIC RESOURCES CODE PRC

REACTIVE ORGANIC GASES ROG

RECOGNIZED ENVIRONMENTAL CONDITIONS REC

REGIONAL TRANSPORTATION PLANNING AUTHORITY RTPA

REGIONAL WATER QUALITY CONTROL BOARD RWQCB

SENATE BILL SB

STATE OFFICE OF EMERGENCY SERVICES OES

STATE RESPONSIBILITY AREA SRA

STATEWIDE INTEGRATED TRAFFIC RECORDS SYSTEM SWITRS

STORMWATER POLLUTION PREVENTION PLAN SWPPP

TOXIC AIR CONTAMINANTS TAC

TRAFFIC ANALYSIS ZONE TAZ
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City of Calistoga
2023 – 2031 Housing Element vi Initial Study/Mitigated Negative Declaration

TRAFFIC IMPACT STUDY TIS

TRANSPORTATION DEMAND MANAGEMENT TDM

TRIBAL CULTURAL RESOURCES TCR

UNITED STATES DEPARTMENT OF AGRICULTURE USDA

UNITED STATES FISH AND WILDLIFE SERVICE USFWS

UNREINFORCED MASONRY URM

VEHICLE MILES TRAVELED VMT

WILDLAND-URBAN INTERFACE WUI
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City of Calistoga
2023 – 2031 Housing Element 1 Initial Study/Mitigated Negative Declaration

1. INTRODUCTION

1.1. PURPOSE AND INTENT
This Initial Study/Mitigated Negative Declaration (IS/MND) for the 2023 – 2031 Housing Element (hereinafter referred to as the “project”) has been prepared by the City of Calistoga as the lead agency in full accordance with the procedural and substantive requirements of the California Environmental Quality Act (CEQA) and the CEQA Guidelines.

This IS/MND is intended to inform City decision-makers, responsible agencies, interested parties and the general public of potential environmental impacts associated with adoption and implementation of the 2023 – 2031 Housing Element. This IS/MND is also intended to provide the CEQA-required environmental documents for all city, regional, and state approvals or permits that might be required to implement the proposed project.

CEQA Guidelines Section 15063(c) lists the following purposes of an Initial Study:

1. Provide the Lead Agency with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR) or a Negative Declaration.

2. Enable an Applicant or Lead Agency to modify a project, mitigating adverse impacts before an EIR is prepared, thereby possibly enabling the project to qualify for a Negative Declaration.

3. Assist in the preparation of an EIR, if one is required.

4. Facilitate environmental assessment early in the design of a project.

5. Provide documentation of the factual basis for the finding in a Negative Declaration that a project will not have a significant effect on the environment.

6. Eliminate unnecessary EIRs.

7. Determine whether a previously prepared EIR could be used with the project.

The City of Calistoga, as the lead agency, has conducted an Initial Study to determine the level of environmental review necessary for the proposed project. Consistent with Section 15070(b) of the CEQA Guidelines, the Initial Study identified potentially significant impacts, however, with implementation of mitigation measures identified herein, all potentially significant impacts would be reduced to less than significant. Based on the Environmental Checklist form and supporting environmental analysis contained herein, the proposed project’s impacts on the following issue areas would be less than significant with the implementation of mitigation: Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, Tribal Cultural Resources, Utilities and Service Systems. As stated previously, all impacts would be less than significant after mitigation, and as such, the City of Calistoga as the lead agency has determined that a Mitigated Negative Declaration is the appropriate level of environmental review.

1.2. PUBLIC REVIEW
In accordance with CEQA and the state CEQA Guidelines, a 30-day public review period for the project begins on August 23, 2022, and will conclude on September 21, 2022. This IS/MND has been distributed to interested or involved public agencies, organizations, and private individuals for review. In addition, the IS/MND has been made available for general public review at the following location:

Item #8.2.

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City of Calistoga
2023 – 2031 Housing Element 2 Initial Study/Mitigated Negative Declaration City of Calistoga
Planning & Building Department
1232 Washington Street
Calistoga, CA 94515
Hours: 8:00 am to 4:30 pm, Monday – Friday, Closed 12:00 to 12:30 pm for lunch The document was also made available on the city’s website at: www.ci.calistoga.ca.us.

During the public review period, the public also has the opportunity to provide written comments on the information contained within this IS/MND.

In reviewing the IS/MND and as articulated in Section 15204(a) of the CEQA Guidelines, affected public agencies and interested members of the public should focus on the sufficiency of the document in identifying and analyzing potential impacts on the environment from the proposed project, and ways in which the significant effects of the project can be avoided or mitigated. Pursuant to Section 15204(b) of the CEQA Guidelines, public agencies and persons should focus on the proposed finding that the project will not have a significant effect on the environment. If a public agency or person believes that the proposed project may have a significant effect, they should:

1. Identify the specific effect;

2. Explain why they believe the effect would occur; and

3. Explain why they believe the effect would be significant.

Finally, per Section 105204(c), reviewers should explain the basis for their comments, and should submit data or references offering facts, reasonable assumptions based on facts, or expert opinion supported by facts.

Comments on the IS/MND should be submitted in writing and received by the City of Calistoga prior to the end of the 30-day public review period on September 21, 2022. Written comments should be submitted to:

Jeff Mitchem, Planning & Building Director
City of Calistoga
Planning & Building Department
1232 Washington Street
Calistoga, CA. 94515
Phone: 707-942-2830
Email: [email protected]
Item #8.2.

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City of Calistoga
2023 – 2031 Housing Element 3 Initial Study/Mitigated Negative Declaration

2. PROJECT DESCRIPTION
The City of Calistoga is located in the northwestern portion of Napa County, Figure 1 Regional Location Map.

Citywide land uses include residential, commercial, light industrial, and public/quasi public, Figure 2 Land Use Designations. Most of the City’s residentially zones land has been developed with a diversity of housing types including single family homes, mobile home parks, townhomes, condominiums, and apartments located primarily within the rural residential, rural residential hillside, low density residential, medium density residential, and the high-density residential land use designations. Several parcels at the City margins, particularly within the rural residential and the rural residential hillside designations, and within the downtown and community commercial designations remain undeveloped or underdeveloped and available for future housing. The proposed Housing Element Update is comprised of seven sites primarily concentrated downtown and along Lincoln Avenue, as depicted on Figure 3, 6th Cycle Housing Site Options.

The proposed Housing Element Update consists of the following:
• Reviewing housing development constraints (including zoning allowances) • Assessing housing needs and fair housing.
• Assessing at-risk housing.
• Accommodating the Regional Housing Needs Allocation (RHNA) which includes identifying specific sites appropriate for affordable housing.
• Updating existing & establishing new objectives, policies and programs. • Affirmatively furthering fair housing through site selection, public outreach, and the development of policies and programs.

Calistoga’s 6th Cycle RHNA consists of 119 units distributed into Very Low Income, Low Income, Moderate Income, and Above Moderate-Income categories. Each category is defined by households falling into a certain percentage of the Area Median Income, or AMI. In addition to the required RHNA, Calistoga is planning for a minimum 30% buffer to ensure that sufficient capacity to accommodate housing exists within city limits through the planning period (2031) and beyond. To calculate the net new housing capacity needed to meet the RHNA, Calistoga factored in pipeline projects and projected accessory dwelling units. The total new housing units needed to achieve the 6th Cycle RHNA is 30 housing units as shown in the following Table:

TABLE 1: NET RHNA
Very
Low Low Moderate Above Moderate Total New
Housing
Units 0-50%
AMI
51-80%
AMI
81-120%
AMI
>120%
AMI
Sixth Cycle RHNA without Buffer 31 19 19 50 119
30% Buffer 9 6 6 15 36
Sixth Cycle RHNA with 30% Buffer 40 25 25 65 155
Sixth Cycle RHNA Credit
Pipeline Projects 24 45 16 43 128
ADUs 7 7 7 3 24
Credit Subtotal 31 52 23 46 152
Total Net New Units Required, with
30% Buffer Considered 9 0 (-27) 2 19 30
Sixth Cycle Site Inventory Total 20 20 20 195 255
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City of Calistoga
2023 – 2031 Housing Element 4 Initial Study/Mitigated Negative Declaration The city exceeded the 5th Cycle RHNA in 2018, and thus has decided to rely primarily on reuse sites for the 6th Cycle. Under this strategy, the opportunity sites under consideration would have a capacity 255 units above the housing units needed (including the 30% buffer). Opportunity Sites (Reuse and Non-Reuse) and Pipeline Projects are shown in Figure 4: 6th Cycle Sites Land Use Designations.

Zoning for the identified sites is presented in Figure 5: 6th Cycle Sites Zoning. The Site Inventory consists of sites currently zoned at a density appropriate for accommodating housing, and therefore, upzoning is not necessary as part of the Housing Element. The site selection relies on reuse sites previously identified for housing in the 5th Cycle but that have not yet been developed. The Housing Element includes a program that would allow Reuse Sites to be developed ministerially if at least 20% of the units in the development are affordable to lower-income households. This program is scheduled to be implemented within 3 years of adoption of the housing element. This program is outlined for consistency with housing element requirements set by the California Department of Housing and Community Development (HCD).

The City of Calistoga is proposing to update its General Plan Housing Element, referred to as the “Housing Element Update” and comprises the Project. There are several goals and objectives for the Project including the following eight overarching and interrelated goals that reflect the values of the community.

1. Maximize opportunities for the development of housing to accommodate anticipated growth and facilitate mobility within the ownership and rental housing markets.

2. Promote housing that meets the needs of extremely low-, low- and moderate-income households, particularly those who work in Calistoga.

3. Maintain the City’s housing stock and protect the affordability of affordable units.

4. Address the housing needs of special-needs population groups, including seniors, farmworkers, people with disabilities including developmental disabilities, large families, and female-headed households.

5. Maintain and enhance the physical condition and aesthetic qualities of existing residential neighborhoods.

6. Remove governmental constraints to the maintenance, improvement, and development of housing, where feasible.

7. Prevent housing discrimination on the basis of race/ethnicity, color, national origin, sex (including gender identity and sexual orientation), religion, age, ancestry, marital status, children, familial status, or disability.

8. Reduce energy use and greenhouse gas production in existing and new residential development.

Specific Objectives that support these goals are included in the Housing Element document and further discussed throughout this analysis.

Required Discretionary Actions
• Adoption of the 2023 – 2031 Housing Element (Calistoga City Council) • Approval of the Housing Element by the California Department of Housing and Community Development (HCD)
Other Public Agency Review
• California Department of Housing and Community Development (HCD) Item #8.2.

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City of Calistoga
2023 – 2031 Housing Element 5 Initial Study/Mitigated Negative Declaration California Native American Tribal Consultation
In accordance with AB 52 (PRC Section 21084.2), lead agencies are required to initiate consultation with a tribe with traditional and/or cultural affiliations in the geographic area where a subject project is located if a project may cause a substantial adverse change in the significance of a tribal cultural resource. Should the tribe respond requesting formal consultation, the lead agency must work with the tribe or representative thereof to identify potential impacts and develop avoidance or mitigation measures to reduce potential impacts to tribal cultural resources. In addition, SB 18 (GC Section 65352.3) requires lead agencies to contact, and consult with California Native American tribes prior to amending or adopting any general plan, specific plan, or designating land as open space. In accordance with AB 52 and SB 18, notification of the proposed project was mailed to the Mishewal Wappo Tribe of Alexander Valley on February 23, 2022. No responses to the notification or requests to consult on the project were received.

Tiering – Calistoga 2003 General Plan EIR
CEQA Guidelines Section 15152(b) discourages repetitive discussions of the same issues and allows limiting discussion of a later project that is consistent with a prior plan to impacts which were not examined as significant effects in a prior EIR or to a discussion of significant effects which could be reduced by revisions in the later project (CEQA Guidelines Section 15152(d)). No additional benefit to the environment or public would be served by preparing an EIR merely to restate the analysis and the significant and unavoidable effects found to remain after adoption of all General Plan policies and mitigation measures. All General Plan policies adopted as mitigation apply to the project analyzed herein.

The General Plan EIR reviewed potentially significant environmental effects resulting from implementation of the General Plan and developed measures and policies to mitigate impacts. Nonetheless, significant and unavoidable impacts were identified under future conditions that would cause roadway segments or intersections in Calistoga, particularly in the downtown, to fall below Level of Service (LOS) D. Therefore, the City adopted a statement of overriding considerations, which balanced the merits of approving the General Plan despite the potentially significant and unavoidable environmental effects.

Because CEQA discourages repetitive discussions of the same issues, this environmental document tiers from the 2003 General Plan EIR (SCH No. 2003012009), certified on October 21, 2003, to examine site-specific impacts of the proposed project, as described below. A copy of the City of Calistoga General Plan and EIR are available at City of Calistoga, Planning & Building Department, 1232 Washington Street, Calistoga, CA 94515.

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2023 – 2031 Housing Element 6 Initial Study/Mitigated Negative Declaration [PAGE INTENTIONALLY LEFT BLANK]
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2023 – 2031 Housing Element 7 Initial Study/Mitigated Negative Declaration FIGURE 1: CALISTOGA REGIONAL LOCATION
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2023 – 2031 Housing Element 8 Initial Study/Mitigated Negative Declaration FIGURE 2: GENERAL PLAN LAND USE DESIGNATIONS
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2023 – 2031 Housing Element 9 Initial Study/Mitigated Negative Declaration FIGURE 3: HOUSING ELEMENT UPDATE 6

TH CYCLE SITES
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2023 – 2031 Housing Element 10 Initial Study/Mitigated Negative Declaration FIGURE 4: 6

TH CYCLE SITES LAND USE DESIGNATIONS
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2023 – 2031 Housing Element 11 Initial Study/Mitigated Negative Declaration FIGURE 5: 6

TH CYCLE SITES ZONING
FIGURE 6: ZONING DESIGNATION
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2023 – 2031 Housing Element 12 Initial Study/Mitigated Negative Declaration [PAGE INTENTIONALLY LEFT BLANK]
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2023 – 2031 Housing Element 14 Initial Study/Mitigated Negative Declaration

3. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact Unless Mitigation is Incorporated" as indicated by the checklist on the following pages.

Aesthetics Hazards & Hazardous Materials Recreation
Agricultural & Forestry Hydrology / Water Quality Transportation / Traffic Air Quality Land Use / Planning Tribal Cultural Resources Biological Resources Mineral Resources Utilities / Service Systems Cultural Resources Noise Wildfires
Geology / Soils Population / Housing Mandatory Findings of Greenhouse Gases Public Services Significance

4. DETERMINATION (TO BE COMPLETED BY LEAD AGENCY)
The CEQA Initial Study (IS) Checklist and written explanations are provided in Section 4 below. The Initial Study Checklist and narrative indicate the level of significance of the potential environmental effects of the proposed project upon each of the noted environmental resources. On the basis of this initial evaluation:

I find that the proposed project COULD NOT have a significant effect on the environment. A NEGATIVE DECLARATION will be prepared.

I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.

X
I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.

I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.

I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.

Jeff Mitchem, Planning & Building Director Date
August 17, 2022
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2023 – 2031 Housing Element 15 Initial Study/Mitigated Negative Declaration [PAGE INTENTIONALLY LEFT BLANK]
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2023 – 2031 Housing Element 16 Initial Study/Mitigated Negative Declaration

5. EVALUATION OF ENVIRONMENTAL IMPACTS
The following discussion addresses the potential level of impact relating to each aspect of the environment.

5.1. AESTHETICS
Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact
a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including,
but not limited to, trees, rock outcroppings, and
historic buildings within a state scenic highway?
c) In non-urbanized area, substantially degrade the
existing visual character or quality of public views
of the site and its surroundings? (Public views are
those that are experienced from publicly
accessible vantage point). If the project is in an
urbanized area, would the project conflict with
applicable zoning and other regulations governing
scenic quality?
d) Create a new source of substantial light or glare
which would adversely affect day or nighttime
views in the area?
Sources: Calistoga General Plan, as amended; 2003 General Plan EIR; and California Scenic Highway Mapping System, Scenic Highway System Lists.

Aesthetics Setting
The City of Calistoga is situated in the northern most portion of the Napa Valley. The relatively flat topography is interspersed with hills including Mount Washington and Mount Lincoln and mountains at the valley margins.

The western city limit extends into the foothills of the Mayacamas Mountains, which rise to a height of approximately 4,700 feet. The eastern city limit abuts the Palisades, a mountain range rising to a height of approximately 2,500 feet and located within the Robert Louis Stevenson State Park. The Napa River flows southward through the central part of the city, from Greenwood Avenue to Dunaweal Lane, and terminates in the San Pablo Bay approximately 50 miles to the south. There are a number of creeks within the city, some of which flow to the Napa River, including Blossom Creek, Garnett Creek, Simmons Creek, and Cyrus Creek.

Calistoga has a small historic walkable downtown with pedestrian-oriented services along Lincoln Avenue.

Important visual features include the tree-lined streets found throughout the city, the Napa River, and several historic homes and commercial buildings on the National Register of Historic Places. Through downtown, the buildings range in height from one to two stories with limited three-story structures. Views from downtown Calistoga along Lincoln Avenue highlight the Palisades Mountains to the north and the Mayacamas Mountains to the south. The hilly areas surrounding the city limits are heavily forested, contrasting with the developed landscape in and around Calistoga, which contains large expanses of vineyards, orchards, open space, buildings, and infrastructure.

There are no formally designated State Scenic Highways within the City of Calistoga. Through Calistoga, Lincoln Avenue is coterminous with State Route (SR) 29 which is considered eligible to be officially designated Item #8.2.

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City of Calistoga
2023 – 2031 Housing Element 17 Initial Study/Mitigated Negative Declaration by the state according to the California Scenic Highway Mapping System. Apart from routes listed as eligible at the state level, the Calistoga General Plan identifies the following scenic corridors and scenic resources.

Scenic Corridors:
• Silverado Trail and Highway 29, up-valley of Silverado Trail • Highway 128/29 up- and down-valley of Lincoln Avenue
• Tubbs Lane
• Lincoln Avenue
• Foothill Boulevard
• Petrified Forest Road
Scenic Resources:
• Views of the Palisade and Western Ranch from downstream • Open space associated with the Gliderport
• Rural lands along Silverado Trail, including views of Mt. Washington • Views of Mount Lincoln from upper Lincoln Street
• Mora Avenue, Greenwood Avenue and upper Grant Street corridors • Corridor through Pioneer Cemetery to the open space of the Herrero property across Highway 128 • Corridor alongside the Bounsall property and adjacent agricultural parcels • Canopy of trees along Cedar Street
Entry Corridor Overlay Area
As shown in Figure LU-6 of the General Plan, sites identified in the 2023 – 2031 Housing Element are located along or proximate to identified scenic routes and entry corridors. The northern portion of site D of the Housing Element is within the Downvalley Silverado Trail Entry Corridor Overlay Area which is characterized by vineyards and related uses. This portion of site D is developed with an existing warehouse building. Future residential development that would be facilitated by the 2023 – 2031 Housing Element would be limited to the southern portion of site D, which is outside of the Entry Corridor Overlay Area.

Character Area and Gateway Overlays
Resort Character Area Overlay
As shown in Figure LU-7 of the Land Use Element, the approved pipeline projects (Lincoln Avenue Site and Silverado Site), and housing sites A, B, C, D, and E are located within the Resort Character Area Overlay, which is defined as the second most established entry to Calistoga for travelers and visitors approaching from down valley via Silverado Trail. Development and design considerations are provided for the Silverado Trail section and Lincoln Avenue section of this area.

Lower Washington Character Area Overlay
Housing sites F and G are located within the Lower Washington Character Area Overlay which is characterized by a variety of land uses including commercial, medical services, residential, warehousing, open space, and city facilities.

Silverado Trail Gateway
A small portion of housing site A is also located within the Silverado Trail Gateway, which is identified as a major entry into the City of Calistoga. As detailed in the General Plan, development in this area must provide a clear sense of entry into Calistoga and should incorporate local elements such as a geothermal feature to highlight Calistoga’s unique resource.

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City of Calistoga
2023 – 2031 Housing Element 18 Initial Study/Mitigated Negative Declaration Applicable General Plan Objectives and Policies
The City of Calistoga’s General Plan sets forth goals, objectives, and policies intended to improve and enhance aesthetics, those particularly relevant to the 2023 -2031 Housing Element Update include the following:

Objective CI-1.1: Reinforce locally distinctive patterns of development, landscape and culture, such as small buildings, mixed use, walkability, architectural diversity, neighborhoods of single-family homes on small lots, vineyards and agricultural lands.
• Policy P1.1-3 New buildings shall have heights that avoid obtrusive breaks in the natural skyline. • Policy P1.1-8 The considerations specified for each Character Area and Gateway overlay designation and each Entry Corridor overlay designation in the Land Use Element shall be followed.

Objective CI-1.3: Maintain the urban design quality of existing residential neighborhoods and replicate this quality in new residential development.
• Policy P.1.3-1 All residential development shall protect the character of established neighborhoods in which the development is located.
• Policy P.1.3-6 Multi-family structures and non-residential uses located adjacent to single-family properties shall incorporate adequate screening into project design to prevent view intrusion. • Policy P.1.3-7 In new residential developments, the use of traditional site design and architectural elements such as a grid street layout, narrower streets, street trees, traditional house designs, reduced setbacks, and garages to the rear or sides of properties, shall be considered.

Objective CI-2.1: Protect Calistoga’s entrance points as important components of local community identity. • Policy P.2.1-1 The entry corridor policies and principles specified for each entry corridor in the Land Use Element shall be followed.

Objective LU-2.1: Ensure that an adequate amount of land is designated in the General Plan to permit desired development in Calistoga, while also preserving Calistoga’s small-town character. • Policy P.2.1-2 All new development on sites with overlay designations shall follow the overlay designation regulations in Section D of this Land Use Element to ensure that their development is in harmony with the surrounding environment.

Aesthetics Impact Discussion

5.1(a, c) (Effect a Scenic Vista, Degrade Scenic Quality) Less Than Significant Impact with Mitigation:

The Housing Element Update would not result in direct construction of housing but would facilitate future housing development on vacant or underutilized sites within incorporated city limits. Development has the potential to change the surrounding visual character by introducing new structures, landscaping, paved surfaces, frontage improvements, as well as through removal of existing vegetation and trees. City-recognized scenic resources within the vicinity of sites identified in the Housing Element include views of the mountains to the north and south from Lincoln Avenue, mature trees, and open space of the former Gliderport property.

New development in the city is subject to the requirements of the Calistoga General Plan and current zoning standards. Since the Housing Element Update proposes reuse sites from the previous Housing Element Cycles, the reuse sites will allow for ministerial review for projects with at least 20% affordable units. No density or height increases are required on these sites. In addition, the City of Calistoga is preparing objective design standards, which will be imposed on future housing development projects once adopted by the City.

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City of Calistoga
2023 – 2031 Housing Element 19 Initial Study/Mitigated Negative Declaration To ensure that potential impacts to the visual character are avoided, future development of housing opportunity sites shall comply with Mitigation Measure AES-1, which requires development of the sites and the development of objective design standards to be consistent with General Plan (LU) Policy P.2.1-2.

Implementation of measure AES-1 will ensure that policies set forth in the General Plan intended to improve and enhance visual resources within and surrounding the city will not be impacted. Therefore, impacts to scenic vistas, scenic corridor, and the scenic quality and visual character resulting from implementation of the 2023 – 2031 Housing Element will be less than significant.

5.1(b) (Scenic Resources from Designated Scenic Highway) Less Than Significant Impact with Mitigation: The proposed project will not damage scenic resources including, but not limited to, trees, rock outcroppings, and historic buildings visible from a designated State scenic highway. Though there are no formally designated scenic highways within Calistoga, Lincoln Avenue (CA SR 29), is listed as an eligible State scenic highway. Additionally, the General Plan recognizes the Gliderport open space as an important scenic resource within the city. Sites A, B, C, D, and E have frontage on, or are within proximity to Lincoln Avenue, and sites F and G are proximate to the Gliderport open space area. Mitigation Measure AES-1 requires future development to comply with specific objective standards for the various entry corridor, character area, and gateway overlay designations. With implementation of measure AES-1, the Housing Element Update will have less than significant impacts to scenic resources viewed from an eligible state scenic highway (CA SR 29).

5.1(d) (Light and Glare) Less Than Significant Impact with Mitigation: Housing sites are located within proximity to existing residential, commercial, and industrial development that contributes sources of light within the city. As detailed in Mitigation Measure AES-1, outdoor lighting introduced by future development of housing site shall be designed to preserve and protect the nighttime environment in accordance with the International Dark Sky Association model ordinance objectives. With implementation of measure AES-1, impacts resulting from a new source of substantial light or glare which would adversely affect day or nighttime views in the area will be reduced to less than significant.

Mitigation Measure(s):

AES-1: Future development of housing opportunity sites and development of objective design standards shall be consistent with entry corridor and character area requirements outlined in the General Plan.

Downvalley Silverado Trail Entry Corridor Overlay Area (site D) • Setbacks shall be wide in order to preserve rural characteristics and shall be landscaped with trees, vineyards and/or native vegetation. These setbacks shall not be deducted from the calculation of net density (i.e., the same amount of development is permitted, shifted elsewhere on the property).
• Existing orchards and stands of mature trees shall be maintained or replaced with similar vegetation.
• Unique natural features shall be preserved and remain visible. • The appearance of historic buildings visible from public streets shall be preserved. • Parking areas shall be screened from Silverado Trail.

Resort Character Area Overlay
Silverado Trail Section:
• Development shall be clustered to retain sensitive resources, scenic vistas, and open spaces. • Outdoor lighting shall be designed to preserve and protect the nighttime environment in accordance with the following International Dark Sky Association model ordinance objectives:

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City of Calistoga
2023 – 2031 Housing Element 20 Initial Study/Mitigated Negative Declaration ▪ Provide the minimum lighting level necessary for night-time safety, utility, security, productivity, enjoyment, and commerce.
▪ Minimize adverse offsite impacts such as sky glow, light overspill and obtrusive light. ▪ Conserve energy and resources to the greatest extent possible.

Lincoln Avenue (sites A, B, C, D, E):
• Landscaping shall be provided along Lincoln Avenue.
• Development along the common property line of housing site C shall consider areas in the rear where the height shall be limited to one-story. Privacy screening shall also be considered. • Pathway alignments shall be provided along Lincoln Avenue. • Parking lots shall be screened from public view and landscaped with heavy shade tree planting. • Utilities on Lincoln Avenue shall be placed underground. • Outdoor lighting shall be designed to preserve and protect the nighttime environment in accordance with the following International Dark Sky Association model ordinance objectives:
▪ Provide the minimum lighting level necessary for night-time safety, utility, security, productivity, enjoyment, and commerce.
▪ Minimize adverse offsite impacts such as sky glow, light overspill and obtrusive light. ▪ Conserve energy and resources to the greatest extent possible.

Lower Washington Character Area Overlay (sites F, G)
• Architecture shall feature materials such as brick, sheet metal, stucco and true wood vertical siding.
• Development shall be designed with orientation towards Fair Way extension. • Development along Washington Street shall provide for streetscape improvements, including installation of street trees and traffic calming elements. • All overhead utilities shall be placed underground.
• Outdoor lighting shall be designed to preserve and protect the nighttime environment in accordance with the International Dark Sky Association model ordinance objectives. ▪ Provide the minimum lighting level necessary for night-time safety, utility, security, productivity, enjoyment, and commerce.
▪ Minimize adverse offsite impacts such as sky glow, light overspill and obtrusive light. ▪ Conserve energy and resources to the greatest extent possible.

Silverado Trail Gateway (site A)
• Development of the site shall be setback from the street edge and shall include meandering, landscaped pathways
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City of Calistoga
2023 – 2031 Housing Element 21 Initial Study/Mitigated Negative Declaration

5.2. AGRICULTURAL AND FORESTRY RESOURCES
Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Convert Prime Farmland, Unique Farmland,
or Farmland of Statewide Importance
(Farmland), as shown on the maps prepared
pursuant to the Farmland Mapping and
Monitoring Program of the California
Resources Agency, to non-agricultural use?
b) Conflict with existing zoning for agricultural
use, or a Williamson Act contract?
c) Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in Public
Resources Code section 12220(g)), timberland
(as defined by Public Resources Code section
4526), or timberland zoned Timberland
Production (as defined by Government Code
section 51104(g))?
d) Result in the loss of forest land or
conversion of forest land to non-forest use?
e) Involve other changes in the existing
environment which, due to their location or
nature, could result in conversion of
Farmland, to non-agricultural use or
conversion of forest land to non-forest use?
Sources: City of Calistoga General Plan, as amended; 2003 General Plan EIR; and California Department of Conservation Farmland Mapping and Monitoring Program 2016.

Agricultural and Forestry Resources Setting
According to the 2015 Land Use Element Update of the General Plan, and as shown in Figure LU-1, agricultural land within the city comprises approximately one-fifth of the total Planning Area and includes vineyards and orchards. Areas identified as agriculture typically have larger lot sizes and are located at the city’s periphery within the rural residential land use designation.

According to the California Department of Conservation's Farmland Mapping and Monitoring Program (FMMP), in 2016 the City of Calistoga contained approximately 870 acres of land designated as Urban and Built-up Land, 457 acres of land designated as Other, 215 acres of land designated as Prime Farmland, 104 acres of land designated as Farmland of Local Importance, and 3 acres of land designated as Grazing Land.

As shown in Figure OSC-2 of the Open Space and Conservation Element, housing sites identified in the 2023 – 2031 Housing Element are not designated as Important Farmland. Furthermore, none of the sites identified are under a Williamson Act contract nor currently used or designated for any other agricultural purposes.

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City of Calistoga
2023 – 2031 Housing Element 22 Initial Study/Mitigated Negative Declaration In accordance with the definition provided in California Public Resources Code Section 12220(g), forest land is land that can support, under natural conditions, 10 percent native tree cover of any species, including hardwoods, and that allows for the management of forest-related resources such as timber, aesthetic value, fish and wildlife, biodiversity, water quality, recreation, and other public benefits. As detailed in the Open Space and Conservation Element of the General Plan, forest lands within the city limits are predominantly located in Calistoga's hillside areas. Sites identified in the Housing Element are located adjacent to developed areas within the city’s incorporated boundaries and lack forest land characteristics. As such, these sites do not meet the definition of forest land pursuant to Section 12220(g) of the Public Resources Code and are not identified are zoned as forest land, timberland zone, or timberland zoned Timberland Production.

Applicable General Plan Objectives and Policies
The City of Calistoga General Plan identifies goals, objectives, and policies intended to protect and enhance agricultural uses in the city. As shown in Figure LU-1 (Uses by Parcel Within the City Limits), housing sites identified in the 2023 – 2031 Housing Element are not located on sites on or adjacent to agricultural uses.

Therefore, General Plan objectives and policies related to agricultural uses are not applicable to the project.

Agricultural and Forestry Resources Impact Discussion

5.2 (a-d) (Farmland Conversion, Williamson Act, Forestland, Timberland) No Impact: There are no important farmlands, agricultural resources or preserves, or forestlands on sites identified in the 2023 – 2031 Housing Element. None of the sites are classified as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance as mapped pursuant to the Farmland Mapping and Monitoring Program nor are any of the sites located on parcels currently under Williamson Act contract. Furthermore, there are no forestlands, timberlands, or parcels with such zoning on the identified sites. As such, the proposed project would not result in the conversion of agricultural resources or forest uses and adoption and implementation of the 2023 – 2031 Housing Element would have no impact to agricultural or forestland resources.

5.2 (e) (Other Conversions of Farmland or Forest Land) Less Than Significant: As shown in Figure OSC-2 of the General Plan, land designated as Prime Farmland and Unique Farmland is located north of housing sites A and D, separated by Lincoln Avenue and Silverado Trail. Areas designated as woodland, forest and chaparral, as shown in Figure 21 of the General Plan EIR, are located northeast of housing site A. All housing sites and the majority of surrounding land are designated as Urban and Built-Up and Other Land, pursuant to FMMP. Though implementation of the 2023 – 2031 Housing Element would introduce residential uses within close proximity of existing farmland and forest land, development of these housing sites would be limited to the property boundaries and would not induce conversion of nearby farmland or forest land.

Furthermore, all housing sites are well-served by existing utilities, services, and infrastructure and would not require new services that would support an expansion of use beyond the limits of the subject sites. Therefore, impacts resulting from conversion of other farmlands or forestlands as a result of adoption and implementation of the 2023 – 2031 Housing Element would be less than significant.

Mitigation Measure(s): None Required.

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City of Calistoga
2023 – 2031 Housing Element 23 Initial Study/Mitigated Negative Declaration

5.3. AIR QUALITY
Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Conflict with or obstruct implementation
of the applicable air quality plan?
b) Result in a cumulatively considerable net
increase of any criteria pollutant for which
the project region is non-attainment under
an applicable federal or state ambient air
quality standard?
c) Exposure of sensitive receptors to
substantial pollutant concentrations?
d) Result in other emissions (such as those
leading to odors adversely affecting a
substantial number of people?
Sources: City of Calistoga General Plan, as amended; 2003 General Plan EIR; BAAQMD 2017 Bay Area Clean Air Plan; BAAQMD Justification Report: and CEQA Thresholds for Evaluating the Significance of Climate Impacts from Land Use Projects and Plans, April 2022.

Air Quality Setting
The City of Calistoga is located within the San Francisco Bay Area Air Basin (SFBAAB) regulated by the Bay Area Air Quality Management District (BAAQMD). Air quality within the Bay Area Air Basin is influenced by natural geographical and meteorological conditions as well as human activities such as construction and development, operation of vehicles, industry and manufacturing, and other anthropogenic emission sources.

The Federal Clean Air Act and the California Clean Air Act establish national and state ambient air quality standards respectively.

The BAAQMD is responsible for planning, implementing, and enforcing air quality standards within the SFBAAB, including the City of Calistoga. The BAAQMD operates monitoring stations throughout the District and records pollutant concentration levels for carbon monoxide (CO), Nitrogen Dioxide (NO2), Ozone (O3), and Particulate Matter (PM). The BAAQMD Compliance and Enforcement Division routinely conducts inspections and audits of potential polluting sites to ensure compliance with applicable federal, state, and BAAQMD regulations.

The Bay Area Air Basin is designated as non-attainment for both the one-hour and eight-hour state ozone standards; 0.09 parts per million (ppm) and 0.070 ppm, respectively. The Bay Area Air Basin is also in nonattainment for the PM10 and PM2.5 state standards, which require an annual arithmetic mean (AAM) of less than 20 µg/m3for PM10 and less than 12 µg/m3for fine particulate matter (PM2.5). In addition, the Basin is designated as non-attainment for the national 24-hour PM2.5 standard although the EPA recognized the Air District as achieving the attainment in 20131.
1 In January 2013, the US EPA issued a final determination recognizing the BAAQMD achieved the 24-hour PM2.5 national standard which effectively suspended the requirements for the region to submit EPA national ambient air quality documentation. So as long as the District meets the 2006 24-hour PM2.5 NAAQS, the District is not required to submit an attainment demonstration, reasonably Item #8.2.

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City of Calistoga
2023 – 2031 Housing Element 24 Initial Study/Mitigated Negative Declaration The nearest BAAQMD air monitoring stations are located in Sebastopol and Napa, at Napa Valley College.

According to the Draft 2022 Annual Air Monitoring Network Plan, as of May 25, 2021, the BAAQMD discontinued operation of the Napa Valley College monitoring station to accommodate a student housing project. The Air District secured a new site location in Napa at 1732 Jefferson Avenue and is working with the current property owner to retrofit the space for site implementation, with monitoring anticipated to begin by the end of 2022. As of 2019, annual levels of PM2.5 at the nearest monitoring stations was 5.7 (Sebastopol) and 5.9 (Napa Valley College) µg/m3, which is less than the state AAM threshold. All other national ambient air quality standards (NAAQS) within the Bay Area Air Basin are in attainment.

On April 20, 2022, the Air District Board of Directors adopted the proposed CEQA Thresholds for Evaluating the Significance of Climate Impacts from Land Use Projects. Consistent with CEQA Guidelines Section 15064 (Determining the Significance of the Environmental Effects Caused by a Project), the thresholds are intended to assist public agencies in determining whether projects would result in a cumulatively considerable contribution to global climate change. The adopted thresholds are intended to evaluate projects based on their effect on efforts to meet the State’s long-term climate goals. As determined by the California Supreme Court in Center for Biological Diversity v. Department of Fish & Wildlife, a project would be considered to have a less than significant air quality impact under CEQA so long as it contributes its fair share toward achieving long-term climate goals. As such, new land use development projects are required to incorporate the design elements identified in (A) to implement the State’s goals of achieving carbon neutrality by 2045, or must comply with a local GHG reduction strategy as noted in (B):

A. Projects must include, at a minimum, the following project design elements:

1. Buildings
a. The project will not include natural gas appliances or natural gas plumbing (in both residential and nonresidential development).
b. The project will not result in any wasteful, inefficient, or unnecessary energy usage as determined by the analysis required under CEQA Section 21100(b)(3) and Section 15126.2(b) of the State CEQA Guidelines.

2. Transportation
a. Achieve a reduction in project-generated vehicle miles traveled (VMT) below the regional average consistent with the current version of the California Climate Change Scoping Plan (currently 15 percent) or meet a locally adopted Senate Bill 743 VMT target, reflecting the recommendations provided in the Governor’s Office of Planning and Research's Technical Advisory on Evaluating Transportation Impacts in CEQA:
i. Residential projects: 15 percent below the existing VMT per capita ii. Office projects: 15 percent below the existing VMT per employee iii. Retail projects: no net increase in existing VMT
b. Achieve compliance with off-street electric vehicle requirements in the most recently adopted version of CALGreen Tier 2.

B. Projects must be consistent with a local GHG reduction strategy that meets the criteria under State CEQA Guidelines Section 15183.5(b).
available control measures, a reasonable further progress (RFP) plan, and contingency plans for failure to meet RFP and attainment deadlines. The ruling is effective February 8, 2013, and continues to through the latest available fine particulate matter measurements through 2016. The BAAQMD will continue to be designated as “non-attainment” for the national 24-hour PM2.5 standard until the Air District submits and “resignation request” and “maintenance plan” to EPA, and EPA approves the District’s resignation proposal.

Item #8.2.

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City of Calistoga
2023 – 2031 Housing Element 25 Initial Study/Mitigated Negative Declaration Applicable General Plan Objectives and Policies
The City of Calistoga’s General Plan sets forth goals, objectives, and policies intended to improve and enhance air quality, those particularly relevant to the 2023 -2031 Housing Element Update include the following:

Objective OSC-6.1: Minimize air pollution emissions.
• Policy P6.1-1 The City should support efforts to reduce vehicular emissions in the Calistoga Planning area by reducing congestion and dependence on automobile related forms of transportation. • Policy P6.1-3 The City shall support the Bay Area Air Quality Management District in the implementation of reasonable and feasible new regulations related to the improvement of air quality throughout the Napa Valley.
• Policy P6.1-5 The City shall minimize emissions from construction activities by implementing all feasible, cost effective measures to control dust and PM10, as defined by BAAQMD. These measures include clean-burning fuels and tuning engines to minimize pollution.

Objective OSC-7.1: Minimize Calistoga’s contribution to impacts on the global environment such as dependence on fossil fuels, consumption of non-renewable resources and discharge of toxins and pollutants. • Policy P7.1-3 The City shall promote decreased reliance on motor vehicle travel through effective land use policies, improved public transit and facilities to accommodate bicycle and pedestrian modes of travel.
• Policy P7.1-4 New building construction to minimize consumption of energy resources shall be encouraged through adoption of energy-efficient building codes and regulations. • Policy P7.1-5 The City shall encourage new development to minimize impacts on the local environment.

Air Quality Impact Discussion

5.3(a) (Conflict with Applicable Air Quality Plan) Less Than Significant Impact: The BAAQMD adopted the 2017 Bay Area Clean Air Plan (CAP) on April 19, 2017 to comply with state air quality planning requirements set forth in the California Health & Safety Code. The 2017 CAP includes a wide range of control measures designed to decrease emissions of the air pollutants most harmful to Bay Area residents and which include particulate matter (PM), ozone (O3), and toxic air contaminants (TACs). The CAP further endeavors to reduce emissions of methane and other “super-greenhouse gases (GHGs)” that are potent climate pollutants in the near-term and to decrease emissions of carbon dioxide by reducing fossil fuel combustion.

The proposed control strategy for the 2017 CAP consists of 85 distinct reduction measures targeting a variety of local, regional, and global pollutants. The CAP includes control measures for stationary sources, transportation, energy, buildings, and agriculture, natural and working lands, waste management, water, and super-GHG pollutants. Implementation of some of the control measures could involve retrofitting, replacing, or installing new air pollution control equipment, changes in product formulations, or construction of infrastructure that have the potential to create air quality impacts.

In general, a project is considered to be consistent with the 2017 Bay Area Clean Air Plan if a) the project supports the primary goals of the CAP, b) includes control measures and c) does not interfere with implementation of the CAP measures. The 2023 – 2031 Housing Element would have a less than significant impact due to a conflict with the 2017 Bay Area Clean Air Plan since, a) it supports the goals of the CAP in that it limits sprawl by providing opportunities for housing development within city limits and in walking distance of goods and services (see Figures 5-3 to 5-8 in Chapter 5 of Housing Element); b) includes goals, objectives, policies, and actions intended to reduce energy use and greenhouse gas emissions in new residential development; c) includes control measures to protect air quality during construction by implementing best Item #8.2.

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2023 – 2031 Housing Element 26 Initial Study/Mitigated Negative Declaration management practices set forth by BAAQMD. As such, adoption and implementation of the 2023 – 2031 Housing Element will not conflict with or obstruct implementation of the 2017 CAP and impacts will be less than significant.

5.3(b) (Violate Air Quality Emission Standards) Less Than Significant with Mitigation: Air quality emissions associated with development facilitated by the 2023 – 2031 Housing Element would result from short-term construction activities and ongoing operation.

Construction
Construction activities, particularly during site preparation and grading, would temporarily generate fugitive dust in the form of PM10 and PM2.5. As detailed in the BAAQMD April 2022 Justification Report, there is no established threshold for construction-related climate impacts as emissions associated with construction represent a minimal part of overall emissions. However, BAAQMD has established best management practices (BMPs) to control for fugitive dust, for which the Bay Area Air Basin is designated non-attainment.

Consistent with General Plan policy P6.1-5 and BAAQMD BMPs, future development that will occur under the 2023 – 2031 Housing Element shall be required to implement Mitigation Measure AQ-1, which provides for a variety of dust control measures during construction activities including watering the project site, covering haul loads, limiting idling time, and temporarily halting construction when winds are greater than 15 miles per hour. With implementation of measure AQ-1, construction activities will have a less than significant impact to air quality.

Operation
Operation of future housing sites will result in air quality emissions associated with stationary and mobile sources. Although there would be no stationary “point sources” (large emitters such as manufacturing plants) associated with housing development under the Housing Element, operation of future residences would result in area source emissions from the use of natural gas, consumer products such as solvents, cleaners, and paints, and landscaping maintenance equipment while most of the operational emissions will result from the operation of vehicles traveling to and from the project site (residents, deliveries, etc).

Although the city has an adopted Climate Action Plan (CAP), projected emissions do not go beyond 2020 and therefore, concluding that implementation of the Housing Element would result in less than significant air quality impacts due to future development of housing sites being consistent with a qualified CAP cannot be concluded. As such, consistent with the recently adopted BAAQMD CEQA Thresholds for Evaluating the Significance of Climate Impacts from Land Use Projects, future development under the 2023 – 2031 Housing Element shall implement Mitigation Measure AQ-2, which requires that future development of housing sites meet the thresholds identified in the Justification Report. With implementation of measure AQ-2, operational impacts to air quality resulting from implementation of the 2023 – 2031 Housing Element will be less than significant.

5.3(c) (Sensitive Receptors) Less Than Significant with Mitigation: The BAAQMD defines sensitive receptors as “facilities or land uses that include members of the population that are particularly sensitive to the effects of air pollutants, such as children, the elderly and people with illnesses.” Residential areas and schools are considered sensitive receptors because people are often at home/school for extended periods of time. Examples of sensitive receptors include places where people live, play, or convalesce and include schools, day care centers, hospitals, residential areas and recreation facilities.

Sensitive receptors within proximity of sites identified in the Housing Element primarily consist of existing residents which may be exposed to health risks from construction exhaust emissions generated during future construction. As previously discussed, Mitigation Measures AQ-1 requires implementation of BAAQMD BMPs throughout the course of all future construction activities. Additionally, future development of sites identified Item #8.2.

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2023 – 2031 Housing Element 27 Initial Study/Mitigated Negative Declaration in the Housing Element shall comply with Mitigation Measure AQ-3, which requires that the applicant/contractor for future development of housing sites demonstrate compliance with the BAAQMD performance standard for health risks and hazard by minimizing diesel particulate matter exhaust. Measures AQ-1 and AQ-3 are required to be implemented during all phases of construction and will reduce potential impacts associated with construction of sites identified for development of residential land uses in the Housing Element, to nearby sensitive receptors to less than significant.

Operation
The project includes adoption of the 2023 – 2031 Housing Element, which would facilitate future housing development on sites identified in the Housing Element. Residential projects do not generate emissions that would result in health impacts and as such potential impacts to sensitive receptors resulting from operation of residential land uses facilitated by the adopted of the Housing Element will be less than significant.

5.3(d) (Other Emissions) Less Than Significant Impact: Localized odors associated with future development of sites identified in the 2023 – 2031 Housing Element may result from operation of construction equipment, paving, and the application of architectural coatings. However, any odors generated during future construction of these sites would be temporary and not likely noticeable beyond the immediate construction zone. Furthermore, the Housing Element provides for future residential development on the identified sites.

Odors are not typically associated with operation of residential uses, and as such, impacts resulting from substantial odor concentrations will be less than significant.

Mitigation Measure(s):

AQ-1: During all construction activities associated with future development facilitated by the 2023 – 2031 Housing Element, the contractor shall implement the latest BAAQMD recommended Best Management Practices (BMPs) to control for fugitive dust and exhaust as follows:

1. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.

2. All haul trucks transporting soil, sand, or other loose material shall be covered.

3. All visible mud and dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.

4. All vehicle speeds on unpaved roads shall be limited to 15 mph.

5. All roadways, driveways, and sidewalks to be paved shall be completed as soon as practicable. Building pads shall be laid as soon as practicable after grading unless seeding or soil binders are used.

6. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points.

7. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper working condition prior to operation.

8. A publicly-visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints shall be posted on the project site prior to the initiation of construction activities. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations.

Item #8.2.

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2023 – 2031 Housing Element 28 Initial Study/Mitigated Negative Declaration AQ-2: Consistent with the April 2022 CEQA Thresholds for Land Use Projects, site-specific development proposals for sites identified in the 2023 – 2031 Housing Element shall demonstrate compliance with the following:

1. New residential buildings shall not include natural gas appliances or natural gas plumbing.

2. New residential buildings shall demonstrate energy efficiency.

3. New residential development projects shall achieve a 15 percent reduction in project-generated vehicle miles traveled (VMT) below the existing VMT per capita, or as otherwise required by locally adopted Senate Bill 743 VMT reduction targets.

4. New residential development projects shall comply with off-street electric vehicle requirements in the most recently adopted version of CALGreen Tier 2.

AQ-3: Prior to commencing construction activities on sites identified for residential development in the 2023 – 2031 Housing Element, the applicant/contractor shall prepare a Health Risk Assessment and develop a plan demonstrating the following:

Single Sources- During construction achieve a <10 per one million excess cancer risk, <1.0 hazard index, and < 0.3 incremental annual PM2.5.

Combined Sources- At operation achieve a <100 per one million excess cancer risk, <10.0 hazard index, and < 0.8 incremental annual PM2.5.

Reducing emissions from off-road equipment used to construct the project is an effective way to achieve a substantial fleet-wide average reduction in diesel particulate matter exhaust emissions up to 75% or greater. One feasible plan to achieve the performance standard would include:

1. Construction equipment staging shall occur as far as possible from existing sensitive receptors (away from the property lines proximate to residences).

2. All diesel-powered off-road equipment larger than 25 horsepower and operating at the site for more than two days continuously shall, at a minimum, meet U.S. EPA particulate matter emissions standards for Tier 4 or alternatively, Tier 3 engines that include CARD certified Level 3 Diesel Particulate Filters. Use of engines that are electrically powered or use non-diesel fuels would meet this standard.

3. The simultaneous occurrence of excavation, grading, and ground-disturbing construction activities on the same area at any one time shall be limited. Activities shall be phased to reduce the amount of disturbed surfaces at any one time.

Item #8.2.

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2023 – 2031 Housing Element 29 Initial Study/Mitigated Negative Declaration

5.4. BIOLOGICAL RESOURCES
Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Have a substantial adverse effect, either
directly or through habitat modifications, on
any species identified as a candidate,
sensitive, or special status species in local or
regional plans, policies, or regulations, or by
the California Department of Fish and Wildlife
(Formerly Fish and Game) or U.S. Fish and
Wildlife Service?
b) Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional
plans, policies, regulations or by the California
Department of Fish and Wildlife (formerly Fish
and Game) or U.S. Fish and Wildlife Service?
c) Have a substantial adverse effect on state or
federally protected wetlands (including, but
not limited to, marsh, vernal pool, coastal, etc.)
through direct removal, filling, hydrological
interruption, or other means?
d) Interfere substantially with the movement
of any native resident or migratory fish or
wildlife species or with established native
resident or migratory wildlife corridors, or
impede the use of native wildlife nursery sites?
e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
f) Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural
Community Conservation Plan, or other
approved local, regional, or state habitat
conservation plan?
Sources: City of Calistoga General Plan, as amended; 2003 General Plan EIR; and The Veranda Hotel at Indian Springs, Environmental Checklist, Initial Study and Mitigated Negative Declaration, July 27, 2020 (SCH No. 2020070509).

Biological Resources Setting
Biological resources are protected by state and federal statutes including the Federal Endangered Species Act (FESA), the California Endangered Species Act (CESA), the Clean Water Act (CWA), and the Migratory Bird Treaty Item #8.2.

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2023 – 2031 Housing Element 30 Initial Study/Mitigated Negative Declaration Act (MBTA). These regulations provide the legal protection for plant and animal species of concern and their habitat at the state and federal level.

As reported in the General Plan, several plant and animal species with special-status have been recorded from or are suspected to occur in northern Napa County and the Calistoga vicinity. Several of these species have been reported in the City’s Planning Area, and most are associated with the specific habitat types including forest, oak woodland, and grassland along the edges of the Planning Area. A few species have been reported from the floor of the valley, generally associated with the aquatic habitat of the Napa River and the freshwater marsh in geyser-fed swales where habitat disturbance has been limited. As shown in Figure 7 below, housing sites A, B, and D are located on sites identified as containing moderately significant grassland/savannah habitat which has the potential to support special status species. Additionally, sites F and G are located near to areas identified as having very significant resources including riparian and freshwater marsh habitat as well as the Calistoga Popcorn Flower and Napa Blue Grass.

FIGURE 7: BIOLOGICAL RESOURCES AND HOUSING OPPORTUNITY SITES The Calistoga popcorn flower (Plagiobothrys strictus) is adapted to wetland pools, seeps adjacent to hot springs, and geysers that provide necessary soil and hydrological conditions to support species survival. The popcorn flower is listed as threatened at the state level, endangered at the federal level, and has a California Native Plant Society (CNPS) Rank of 1B.1. The popcorn flower is an annual herb that grows from 4 to 16 inches Item #8.2.

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2023 – 2031 Housing Element 31 Initial Study/Mitigated Negative Declaration tall, typically containing small white flowers appearing between March and April. The popcorn flower is considered highly vulnerable to extinction due to its restricted range and small population and is therefore provided protection under CEQA.

The Napa Blue Grass is a federal and state-listed endangered plant species and a CNPS Rank 1B.1. The Napa Blue Grass is a perennial species found in wet meadows and seeps on alkaline soils near thermal springs.

Housing Opportunity also contain mature trees, which provide habitat and foraging for special status species, and are protected by the City’s municipal code.

Applicable General Plan Objectives and Policies
The City of Calistoga’s General Plan sets forth goals, objectives, and policies intended to protect biological resources. Those particularly relevant to the 2023 -2031 Housing Element Update include the following:

Objective OSC-1.1: Maintain biodiversity within the Planning Area with special emphasis on species that are sensitive, rare, declining, unique or represent valuable biological resources. • Policy P1.1-1 When reviewing development proposals the City should include assessment of impacts on both individual species and overall biodiversity within the Planning Area. • Policy P1.1-2 Impacts to movement corridors that link wildlife habitat areas should be considered when reviewing development proposals. These corridors should be protected.

Objective OSC-1.2: Minimize impacts to sensitive natural habitats including riparian forest and scrub, freshwater marsh associated with drainages and geothermal areas, oak woodland and savannah, and native grasslands.
• Policy P1.2-2 Review new development and geothermal resource exploitation in order to ensure the maximum protection of native tree species, riparian vegetation, important concentrations of natural plants and important wildlife habitat.
• Policy P1.2-3 Prior to approving specific development plans on undeveloped parcels, biological and wetland assessments to determine the presence or absence of populations of special-status species, sensitive natural communities, and wetland resources shall be conducted. Assessments shall:
▪ Be conducted by qualified specialists in botany, wildlife biology and wetland ecology. ▪ Include, as necessary, detailed field surveys conducted during the appropriate time of the year to permit detection of sensitive resources.
▪ Produce mitigation plans for impacts to biological resources, as necessary. These mitigation plans should include wildlife preservation management plans, where necessary, including adequate mitigation for loss of wildlife habitat components that are critical to maintenance of special-status and other important species.

Objective OSC-1.3: Conserve Calistoga’s native trees and vegetation, which are important biological and aesthetic resources within the Planning Area.
• Policy P1.3-1 Continue to implement and enforce the provision of the Tree Preservation Ordinance, particularly with regard to preservation of native trees of significant size.

Objective OSC-1.5: Prevent the degradation and loss of Calistoga’s wetland areas. • Policy P1.5-2 The City shall recognize Calistoga’s network of drainage ditches as important wetland resource in the Planning Area. Drainage ways shall be considered when evaluating impacts of proposed development on wetland resources.

Item #8.2.

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2023 – 2031 Housing Element 32 Initial Study/Mitigated Negative Declaration • Policy P1.5-3 Wetlands shall be protected and enhanced. Adequate mitigation shall be provided where complete avoidance is not feasible.
• Policy P1.5-4 Any proposed modifications to wetlands shall require appropriate coordination with representatives of the California Department of Fish and Game (CDFG), and US Army Corps of Engineers (Corps) to ensure that the concerns and possible requirements of both agencies can be easily incorporated into the proposed plans.

In addition to policies in the General Plan intended to protect Biological Resources in the Planning Area, the City of Calistoga’s Tree Ordinance provides for the protection of mature trees and requires replacement for removal of protected trees. Calistoga Municipal Code 19.01.040 identifies the following trees as protected:
• Any tree with a diameter at breast height (DBH) greater than 12 inches • Any native oak with a DBH greater than six inches
• Any valley oak, including seedlings and saplings
• Any tree bearing an active nest of a fully protected bird Biological Resources Impact Discussion

5.4(a-b) (Adverse Effects to Sensitive Species and Habitats) Less Than Significant with Mitigation:

Adoption of the 2023 – 2031 Housing Element would not result in physical development of identified housing sites, but rather will facilitate future development of these sites. Therefore, there is a potential that the project could result in a substantial adverse impact to sensitive species and habitats.

Special-Status Species
Site’s identified for future housing development in the 2023 – 2031 Housing Element have not been previously developed, and are located on sites identified as containing moderately significant grassland/savannah habitat which has the potential to support sensitive species and are located adjacent to areas identified as having very significant resources including riparian and freshwater marsh habitat as well as the Calistoga popcorn flower and Napa blue grass. As such, future development of sites identified in the Housing Element shall comply with Mitigation Measure BIO-1, which requires preparation of site-specific biological and wetland assessments to identify special-status species, sensitive natural communities, and wetland resources, and provide recommendations to offset impacts to such resources. With implementation of measure BIO-1, potential impacts to special status species and habitats from future development will be reduced to less than significant.

Calistoga popcorn flower+ Napa Blue Grass
Sites F and G are located southeast of the Gliderport open space area, which has documented occurrences of the Calistoga popcorn flower and blue grass, which are state and federally listed plant species. As discussed in the Environmental Checklist, Initial Study and Mitigated Negative Declaration prepared for the Veranda Hotel at Indian Springs project (July 27, 2020, SCH No. 2020070509), populations of the popcorn flower and blue grass at the Gliderport property have been well documented in studies performed by Pacific Union College Professor and Biologist, Aimee Wyrick-Brownworth. Though presence or absence of the Calistoga popcorn flower, Napa blue grass, or other special status plant species on Housing Element sites is not currently known, given the proximity to the Gliderport property, which has documented occurrences, sitespecific biological assessments performed in compliance with measure BIO-1 shall include a discussion of the presence or absence of the popcorn flower as well as any impacts that may occur both on and off site. With implementation on measure BIO-1, impacts to the Calistoga popcorn flower, Blue Grass, and other special status plant species from future residential development as anticipated by the Housing Element Update will be reduced to less than significant.

Item #8.2.

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