Calistoga City Council
December 3, 2024

Mayor
Donald Williams
Vice Mayor
Irais Lopez-Ortega
Councilmembers
Lisa M. Gift
Scott Cooper
Kevin Eisenberg
AGENDA
City Council
Tuesday, December 3, 2024 - 6:00 PM
1307 Washington St., Calistoga
Hybrid

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

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

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

2. Listen or participate via your phone – dial 1-669-900-6833, enter webinar ID: 827 1462 4900

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

4. Watch online via YouTube Live at youtube.com/cityofcalistoga COMMENT ON THIS MATTER DURING THE MEETING: Please participate in the meeting by providing public comment on any item on the agenda or any item of municipal concern. 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 turn to make your comment for up to 3 minutes. After allotted time, you will be re-muted.

WRITTEN COMMENTS: Alternatively, you may provide public comment on any item on the agenda or any item of municipal concern via email. Please submit your comment, limited to 350 words or less, via email to [email protected]. Written public comments submitted by email should clearly indicate the Agenda Item No. or specify “Oral Communications” in the Subject Line for items not on the agenda and are requested to include the submitter’s full name. Comments received by 2:00 p.m. on the day of the meeting will be posted online with the agenda packet and included in the record but will not be read aloud. Comments received after 2:00 p.m. will be made part of the written record but will not be read verbally at the meeting. Note:

The methods of observing or listening to the meeting or providing public comments may be altered or the meeting may be cancelled, if needed, due to certain technical disruptions.

1. CALL TO ORDER/ROLL CALL/PLEDGE OF ALLEGIANCE AND OPTIONAL PATRIOTIC

ACTIVITY

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

2.1. 11.26.24 Public Comment (Page 4 - 9)

12.3.24 Public Comment (Page )

3. CITY MANAGER’S REPORT

4. PROCLAMATIONS/PRESENTATIONS/ AWARDS

5. CONSENT CALENDAR

5.1. Authorizes the City Manager to award a purchase order in the amount of $80,502.37 with T&S Intermodal Maintenance, Inc. (Gordian), and authorize a contingency of 10% for change orders not to exceed a total cost of $88,560, and authorizes the Public Works Director to negotiate and approve change orders as necessary to complete the project and Directs staff to issue a notice of award to T&S Intermodal Maintenance, Inc. and otherwise administer the project and waives any informalities or irregularities in T&S Intermodal Maintenance, Inc. bid.

Recommended Action: - Consider Adopting the Resolution
Staff Report - Purchase Order Award to T&S Intermodal Maintenance, Inc. for the External Painting of City Hall - Pdf (Page 10 - 24)

5.2. Consideration of a Resolution authorizing the City Manager to execute the easement and grant deeds to Pacific Gas and Electric (PG&E) and Comcast for installation and operation of the Power and Communications Lines between the MicroGrid and PG&E Hub.

Recommended Action: - Consider Adopting the Resolution
Staff Report - Execute the Easement and Grant Deeds to Pacific Gas and Electric and Comcast for Installation and Operation of the MicroGrid Hub Interc - Pdf (Page 25 - 41)

5.3. Consider adopting a Resolution accepting the FY 2023-24 Development Impact Fees Annual Report in Compliance with Assembly Bill 1600.

Recommended Action: Adopt a Resolution Accepting the FY 2023-24 annual development fee report.

Staff Report - FY 2023-24 Development Impact Fees Annual Report in Compliance with Assembly Bill 1600 - Pdf (Page 42 - 80)

5.4. Adopting the minutes of October 22, 2024 and November 12th and 19th, 2024.

Recommended Action: - Consider Adopting the Minutes
Staff Report - Adoption of Minutes - Pdf (Page 81 - 94)

6. PUBLIC HEARING

6.1. Ordinance amending Calistoga Municipal Code sections regulating peddling, soliciting, street vending, and mobile food vending
Staff Report - Street and Mobile Food Vending Draft Ordinance - Pdf (Page 95 - 127)

6.2. Adopting City Administration, Cultural Recreation, Police Fire and Transportation Development Impact Fees
***THIS ITEM HAS BEEN CONTINUED TO THE NEXT REGULAR COUNCIL MEETING***

7. GENERAL GOVERNMENT

7.1. Appointments to the Active Transportation Committee, Green Committee, Housing Advisory Committee and the Planning Commission.

Recommended Action: Consider the recommendations and adopt the Resolution.

Staff Report - City Boards and Commissions Appointments - Pdf (Page 128 - 155)

7.2. Consider Granting Consent to the County of Napa to Renew the Napa Valley Tourism Improvement District (NVTID) to Include the City of Calistoga

Recommended Action: - Consider Adopting the Resolution
Staff Report - Renewal of the Napa Valley Tourism Improvement District (NVTID) to include the City of Calistoga - Pdf (Page 156 - 168)

7.3. Discussion on Local Control of Lincoln Avenue/Hwy 29 Sidewalks Recommended Action: - Consider Discussing the Item and Providing Staff Direction Staff Report - Discussion on Local Control of Lincoln Avenue/Hwy 29 Sidewalks - Pdf (Page 169 - 184)

7.4. The Napa County Board of Supervisors will be appointing a Napa County representative to the Metropolitan Transportation Commission and has requested to be notified if a Councilmember would like to be considered for nomination to serve on the Commission.

Recommended Action: Consider discussing if any City of Calistoga Councilmember would like to be nominated to serve on the MTC as a Napa County Representative.

Staff Report - Discussing Councilmember Interest in Serving on the Metropolitan Transportation Commission - Pdf (Page 185 - 186)

8. COUNCIL REPORTS

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

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

SUPPLEMENTAL MATERIAL RECEIVED AFTER THE POSTING OF THE AGENDA:

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

AMERICANS WITH DISABILITIES ACT: The City can provide special assistance for persons with disabilities to participate in public meetings. To make a request for disability-related modification or accommodation please contact the City Clerk at [email protected] or (707) 942-2807. If you need assistance or accommodation, please provide notice at least 48 hours prior to the meeting. For TTY/ Speech-to-Speech users, dial 7-1-1 for the California Relay Service, offering free text-to-speech, speech-to-speech, and Spanish language services 24 hours a day, 7 days a week.

ACTA DE AMERICANOS CON DISCAPACIDADES Se les pide por favor que avise con 48 horas de anticipacion cuando necesita hacer un pedido de assistencia. Esto nos da suficiente tiempo antes de la junta para que la ciudad tome medidas razonables.

POSTING: I declare a copy of this agenda was posted at City Hall, 1232 Washington Street, Calistoga, among other locations in the city limits of Calistoga, on November 26, by 4:30 p.m.

Yudiana Galvan, City Clerk

1 Yudiana Galvan
From: Helen Yost
Sent: Monday, November 25, 2024 11:29 AM
To: Public Comment
Subject: Fairgrounds
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Please don’t make any permanent decisions until survey results are in and reviewed by Calistogans. Thank you for all your hard work. We can do this! Helen YOST Sent from my iPad
Item #2.1.

1 Yudiana Galvan
From: Lana Richardson
Sent: Tuesday, November 26, 2024 8:18 AM
To: Public Comment
Cc: Laura Snideman; Sheli Wright
Subject: Community survey
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

The unanimous council vote to do a statistically valid survey of Calistoga residents was very encouraging. It responded directly to what was requested by more than 250 Calistoga residents who signed the petition. The purpose of the survey is to get clear input about what the residents of Calistoga want to have at the 70-acre property, commonly referred to as ‘fairgrounds’. However, it is now also very confusing considering other items that were decided/voted on at the special council meeting on 11/19 subsequent to that vote and before any survey is commissioned. It would seem reasonable and appropriate to approve only ‘temporary’ measures pending the survey results. - Rental Fee schedule - The rental fee schedule is based on the current condition of the property/buildings. The community survey will likely offer other insight as to how the residents of Calistoga foresee/want the property to be upgraded and utilized. Therefore, the rental fee schedule should be considered a temporary schedule until the results of the survey are complete. - RV Park - It was anticipated that the RV park would be reopened to provide revenue as soon as necessary repairs are made. It would be prudent for the City to consider this a temporary opening until further improvements, and possibly even expansion, can be addressed based on the results of the community survey. The RV fee schedule that was approved should also be considered temporary until plans for the RV park are finalized subsequent to the survey. - Speedway - This item was discussed after more than 3 hours into the meeting. By that time a large percentage of the audience had left. The majority of those who remained were supporters of the speedway and support it reopening ASAP. Again, that is NOT necessarily what the survey will disclose. If Council intends to consider the community input, as you should, this is definitely a decision that should only be made AFTER the results of the survey are available. To commit to races in 2025 is definitely premature. To contract with a race promoter now is definitely premature. Doing so gives no importance to the wishes of the residents of Calistoga which will be reflected in the survey. A majority may support it or a majority may be opposed to it. That will only become clear after the survey is completed. Doing anything before that information is available is dismissive of the importance of the input of Calistoga residents.

It seems inevitable that ultimately the residents of Calistoga will bear the financial burden of the fairgrounds. Their voices should be heard loud and clear during this planning process. The voices of nonresident race fans should not supersede this consideration. As stated above, most of the decisions, unless they’re temporary, should be made AFTER input resulting from the community survey of Calistoga residents is received and thoroughly evaluated.

Lana Richardson
Calistoga
Item #2.1.

1 Yudiana Galvan
From:

Sent: Tuesday, November 26, 2024 7:36 PM
To: Public Comment
Subject: Fairgrounds Agreements
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Please do not approve any agreements unless they are temporary.

Mary Ellen Hester
Item #2.1.

1 Yudiana Galvan
From: Clive Richardson
Sent: Wednesday, November 27, 2024 1:19 PM
To: Public Comment
Subject: Illegal street vendors
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

As a business owner and operator for 33 years I applaud entrepreneurs and know how hard it is to succeed.

However, the idea that someone can operate within our city limits and not have to have a license, insurance, workers comp insurance or follow health and safety rules and have a cash business (unaccountable)is outrageous! Respectfully yours,
Clive Richardson
Calistoga Roastery
Sent from my iPhone
Item #2.1.

1 Yudiana Galvan
From:

Sent: Tuesday, December 3, 2024 8:08 AM
To: Public Comment
Cc: Antoinette Freeman; Greg Desmond
Subject: Food carts and other mobile vendors
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

To: Calistoga City Council
We have all observed mobile vendors in town selling various products. The most visible is the food cart seen almost daily at corner near Cal Mart. While I admire the entrepreneurial spirit, it is concerning to see this and other merchants openly violating, with impunity, even the simplest tenets of Calistoga’s Foodware and Waste Reduction ordinance, including the open use of polystyrene containers and plastic utensils.

Having recently learned that these merchants may not be licensed prompts questions about what other types of violations exist that might adversely affect the health and safety of the community.

While this is primarily a question of the wellbeing of our town and its visitors, the open flaunting of city rules by mobile vendors, while stores, restaurants, event planners and others must comply, is not helpful for morale or for enforcement. I urge you to accept the staff report on this matter.

Sincerely,
Antoinette Mailliard
Item #2.1.

1 Yudiana Galvan
From: Rocket Engines
Sent: Monday, November 18, 2024 12:17 PM
To: Public Comment
Subject: Calistoga Speedway Special Meeting
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hello.

My name is Rod Perkins. I am a 35 year veteran (now retired) sprint car driver. Although I never raced at Calistoga (I DID race at Chico and Placerville) I thought I would send a word of support for the effort to revive the speedway.

There has been talk around the racing circles about the economic impact of racing in the valley. I can tell you from personal experience that I have been to the speedway 4 times as a spectator and ALL 4 times we spent the weekend in an upscale hotel closeby..often enjoying wine tasting tours around the valley, eating meals at local restaurants, and even enjoying a "spa day" (my wife). We would often run into other race fans at almost every location enjoying the same things. At times there were even waiting lines at restaurants as race fans were flocking to them either pre-race or the next morning for breakfast.

The economic impact of even 1 weekend a month is evident by this observation even from a person who has only been there 4 times!
It is my sincere hope that the track can be revived and racing can continue for many years to come. I look forward to more visits there!
Sincerely,
Rod Perkins
--
Rocket Engines
www.rocket-engines.com
FB Rocket Engines
Item #2.1.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Dec 03 2024
Subject: Purchase Order Award to T&S Intermodal Maintenance, Inc. for the External Painting of City Hall
AGENDA TITLE:

Authorizes the City Manager to award a purchase order in the amount of $80,502.37 with T&S Intermodal Maintenance, Inc. (Gordian), and authorize a contingency of 10% for change orders not to exceed a total cost of $88,560, and authorizes the Public Works Director to negotiate and approve change orders as necessary to complete the project and Directs staff to issue a notice of award to T&S Intermodal Maintenance, Inc. and otherwise administer the project and waives any informalities or irregularities in T&S Intermodal Maintenance, Inc. bid.

RECOMMENDATION:

Consider Adopting the Resolution
SUMMARY:

The building at 1232 Washington Street, formally known as City Hall needs exterior paint to protect and enhance the beauty of our 100+ year old structure. The contractor will be patching cracks in the stucco, repairing dry rot, and painting the entire exterior of the building.

The contract award is for T&S Intermodal Maintenance, Inc. to provide construction services to repair and re-paint the building. T&S Intermodal Maintenance, Inc. services were competitively bid through the Gordian /Sourcewell ezIQC®, process. The ezIQC® process streamlines procurement by taking advantage of the “already competitive bid” processes that meet California Public Contracting requirements.

Staff has reviewed the bid from T&S Intermodal Maintenance, Inc. and recommends that the City Council award the contract to T&S Intermodal Maintenance, Inc.

FINANCIAL IMPACT:

The project is included in the FY 24/25 budget under Account No. 01-5669-4915 General Fund Improvement, Buildings. The total project cost of $88,560 is slightly above the remaining balance of $85,992 budget. Staff proposes that the additional $2,568 come out of Building Maintenance, Contract Services, Fund No. 01-4127-4402.

CEQA STATUS:

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

Item #5.1.

ATTACHMENT(S):

1. Draft Resolution

2. Proposed Work Order - T & S Intermodal Maintenance Inc.

APPROVAL(S):

Derek Rayner, Public Works Director/City Engineer Approved - Nov 20 2024 Connie Cardenas, Admin. Services Director Approved - Nov 22 2024 Laura Snideman, City of Calistoga | City Manager Approved - Nov 25 2024 Yudiana Galvan, City of Calistoga | City Clerk Approved - Nov 25 2024 Item #5.1.

RESOLUTION 2024-XXX

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

NAPA, STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO AWARD A PURCHASE ORDER IN AN AMOUNT OF $80,502.37 TO T&S INTERMODAL MAINTENANCE, INC. TO PAINT THE EXTERIOR OF CITY HALL AND AUTHORIZE A CONTINGENCY OF 10% FOR CHANGE ORDERS NOT TO EXCEED A TOTAL COST OF $88,560 AND AUTHORIZES THE PUBLIC WORKS DIRECTOR TO

NEGOTIATE AND APPROVE CHANGE ORDERS AS NECESSARY
WHEREAS, the City owns and maintains the building at 1232 Washington Street, formally known as City Hall; and
WHEREAS, the exterior of the building is in need of stucco, dry rot repair and paint to protect the structure; and
WHEREAS, the contract award is for T&S Intermodal Maintenance, Inc. to provide construction services to pressure wash the building, repair cracks in the stucco, replace dry rot and paint the entire exterior of the structure; and WHEREAS, T&S Intermodal Maintenance, Inc. services were competitively bid through the Gordian/Sourcewell ezIQC®, process. The ezIQC® process streamlines procurement by taking advantage of the “already competitively bid” processes that meet California public contracting requirements; and
WHEREAS, staff has reviewed the bid from T&S Intermodal Maintenance, Inc. and recommends that the City Council award the contract to T&S Intermodal Maintenance, Inc; and
WHEREAS, this project is exempt from CEQA; and

WHEREAS, the project is included in the FY 24/25 budget under Account No. 01-5669-4915 General Fund Improvement, Buildings. The total project cost plus contingency is $88,560 and is slightly above the remaining balance of $85,992 budget. Staff proposes that the additional $2,568 come out of Building Maintenance, Contract Services, Account No. 01-4127-4402.

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

1. Authorizes the City Manager to execute the purchase order in an amount of $80,502.37 to T&S Intermodal Maintenance, Inc. to preform maintenance, and paint the exterior of City Hall.

2. Authorizes a contingency of 10% for change orders and a total not to exceed project cost of $88,560.

3. Authorizes the Public Works Director to negotiate and approve change orders as necessary to complete the project and Directs staff to issue a notice of award to T&S Intermodal Maintenance, Inc. and otherwise administer the project.

4. Waives any informalities or irregularities in T&S Intermodal Maintenance, Inc. bid.

ATTACHMENT 1 Item #5.1.

Resolution No. 2024-XXX

PASSED, APPROVED AND ADOPTED this 3rd day of December, 2024. I,

YUDIANA GALVAN, 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, City Clerk Donald Williams, Mayor
Item #5.1.

Work Order Signature Document
EZIQC Contract No.: CA-R3-GB01-123021-TSW
Calistoga City Hall Painting
New Work Order
132486.00
Modify an Existing Work Order
Work Order Title:

Work Order Number.: Work Order Date:

X
09/12/2024
Contractor Name:

Contact:

Phone:

Contact:

Phone:

Travis Collins
Owner Name: City of Calistoga
Derek Rayner
7079422828
T&S Intermodal Maintenance, Inc. DBA T&S West
Work to be Performed
Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of Sourcewell EZIQC Contract No CA-R3-GB01-123021-TSW.

Brief Work Order Description:

Calistoga City Hall Painting
Liquidated Damages Will apply: Will not apply:

Estimated Completion Date:

Time of Performance Estimated Start Date:

X
Work Order Firm Fixed Price: $80,502.37
Owner Purchase Order Number:

Approvals
City of Calistoga Date Contractor Date

2.00

9/12/2024
Work Order Signature Document
ATTACHMENT 2Item #5.1.

3.00 Detailed Scope of Work
To: Travis Collins From: Derek Rayner
City of Calistoga
1232 Washington Street
Calistoga, CA 64515
T&S Intermodal Maintenance, Inc. DBA T&S
West
PO BOX 1592
Linden, CA 95236
7079422828
Work Order Number:

Date Printed: September 12, 2024
132486.00
Work Order Title: Calistoga City Hall Painting
Brief Scope: Calistoga City Hall Painting
Preliminary Revised X Final
The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work.

See attached.

Subject to the terms and conditions of EZIQC Contract CA-R3-GB01-123021-TSW.

Contractor Date
City of Calistoga Date

9/12/2024
Scope of Work
Item #5.1.

4.00 Contractor's Price Proposal - Summary
Owner PO #:

Calistoga City Hall Painting
132486.00
IQC Master Contract #: CA-R3-GB01-123021-TSW
Work Order #:

Title:

Re:

Date: September 12, 2024
Proposal Value:

Contractor: T&S Intermodal Maintenance, Inc. DBA T&S West $80,502.37
Section - 01 $7,847.23
Section - 03 $762.93
Section - 06 $388.93
Section - 07 $424.11
Section - 09 $71,079.17
Proposal Total
Thisl total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding.
$80,502.37

9/12/2024
Contractor's Price Proposal - Summary
Item #5.1.

5.00 Contractor's Price Proposal - Detail
Calistoga City Hall Painting
132486.00
IQC Master Contract #: CA-R3-GB01-123021-TSW
Work Order #:

Owner PO #:

Title:

Re:

Date: September 12, 2024
Proposal Value:

Contractor: T&S Intermodal Maintenance, Inc. DBA T&S West $80,502.37
Labor Equip. Material (Excludes)
Sect. Item Mod. UOM Description Line Total
Section - 01
01 22 16 00 0002 Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible costs as directed by Owner. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee. If there are multiple Reimbursable Fees, list each one separately and add a comment in the "note" block to identify the Reimbursable Fee (e.g. sidewalk closure, road cut, various permits, extended warranty, expedited shipping costs, etc.). A copy of each receipt shall be submitted with the Price Proposal.
1 EA $2,180.78
Installation x x = 2,180.78
Quantity Unit Price Factor Total
1,566.43 1.00 1.3922
$78,321.59 X 2% BOND = 1,566.43
2 01 22 23 00 0026 WK 45' Engine Powered, Articulating (Up/Over) Boom Man Lift With Platform $4,355.57 Installation x x = 4,355.57
Quantity Unit Price Factor Total

3.00 1,042.85 1.3922

BOOM REQUIRED DUE TO HEIGHT OF BUILDING
01 71 13 00 0004 First 25 Miles, Equipment Delivery, Pickup, Mobilization And Demobilization Using A Tractor Trailer With Up To 53' BedIncludes loading, tie-down of equipment, delivery of equipment, off loading on site, rigging, dismantling, loading for return and transporting away. For equipment such as bulldozers, motor scrapers, hydraulic excavators, gradalls, road graders, loader-backhoes, heavy duty construction loaders, tractors, pavers, rollers, bridge finishers, straight mast construction forklifts, telescoping boom rough terrain construction forklifts, telescoping and articulating boom man lifts with >40' boom lengths, etc.
3 EA $1,310.88
Installation x x = 1,310.88
Quantity Unit Price Factor Total

1.00 941.59 1.3922

MOB BOOM
Subtotal for Section - 01 $7,847.23
Section - 03
03 01 30 71 0049 Up To 1/4" Wide, Latex Emulsion, Gravity Fed Non Structural Crack Repair For Concrete, Surface Applied With Squeeze Tube (Quikrete® Concrete Crack Seal)
4 LF $762.93
Installation x x = 762.93
Quantity Unit Price Factor Total
100.00 5.48 1.3922

REPAIR STUCCO CRACK IN FRONT OF BUILDING, AND ANY OTHER AREAS THROUGHOUT BUILDING Subtotal for Section - 03 $762.93
Section - 06
5 06 25 16 00 0003 SF 1/4" Tempered Hardboard Panels $331.01 Installation x x = 243.69
Quantity Unit Price Factor Total

32.00 5.47 1.3922
Demolition 32.00 x 1.96 x 1.3922 = 87.32
REPLACE SIDING ON MINOR DRYROT REPAIR (1EA LOCATION)

9/12/2024
Contractor's Price Proposal - Detail
Item #5.1.

Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 132486.00
Calistoga City Hall Painting
Section - 06
6 06 25 16 00 0003 0071 MOD For 5/8" Thick Paneling, Add $57.92 Installation x x = 57.92
Quantity Unit Price Factor Total

32.00 1.30 1.3922
Subtotal for Section - 06 $388.93
Section - 07
7 07 92 13 00 0018 CLF 1/4" x 1/4" Joint, Acrylic/Latex Sealant And Caulking $424.11 Installation x x = 424.11
Quantity Unit Price Factor Total

1.00 304.63 1.3922
caulking and prep
Subtotal for Section - 07 $424.11
Section - 09
8 09 01 90 52 0053 SF Up To 5,000 PSI Pressure Wash Plaster/Stucco Surfaces, Surface Preparation $7,100.22 Installation x x = 7,100.22
Quantity Unit Price Factor Total
10,000.00 0.51 1.3922
9 09 01 90 52 0053 0343 MOD For >10,000 To 15,000, Deduct -$696.10 Installation x x = -696.10
Quantity Unit Price Factor Total
10,000.00 -0.05 1.3922
10 09 91 13 00 0095 SF 1 Coat Primer, Brush/Roller Work, Paint Exterior Stucco Walls $12,669.02 Installation x x = 12,669.02
Quantity Unit Price Factor Total
10,000.00 0.91 1.3922
09 91 13 00 0095 0196 For Work >30' To 40' Above Floor, AddApplied only to work area above 30' to 40'.
11 MOD $2,923.62
Installation x x = 2,923.62
Quantity Unit Price Factor Total
7,000.00 0.30 1.3922
12 09 91 13 00 0095 0197 MOD For Work >40' Above Floor, AddApplied only to work area above 40'. $428.10 Installation x x = 428.10
Quantity Unit Price Factor Total
750.00 0.41 1.3922
13 09 91 13 00 0095 0206 MOD For >10,000 To 20,000, Deduct -$1,949.08 Installation x x = -1,949.08
Quantity Unit Price Factor Total
10,000.00 -0.14 1.3922
14 09 91 13 00 0097 SF 2 Coats Paint, Brush/Roller Work, Paint Exterior Stucco Walls $26,730.24 Installation x x = 26,730.24
Quantity Unit Price Factor Total
10,000.00 1.92 1.3922
09 91 13 00 0097 0196 For Work >30' To 40' Above Floor, AddApplied only to work area above 30' to 40'.
15 MOD $6,042.15
Installation x x = 6,042.15
Quantity Unit Price Factor Total
7,000.00 0.62 1.3922
16 09 91 13 00 0097 0197 MOD For Work >40' Above Floor, AddApplied only to work area above 40'. $887.53 Installation x x = 887.53
Quantity Unit Price Factor Total
750.00 0.85 1.3922
17 09 91 13 00 0097 0206 MOD For >10,000 To 20,000, Deduct -$4,037.38 Installation x x = -4,037.38
Quantity Unit Price Factor Total
10,000.00 -0.29 1.3922
18 09 91 13 00 0149 SF 1 Coat Paint, Brush/Roller Work, Paint Exterior Drywall/Plaster Ceiling $473.35 Installation x x = 473.35
Quantity Unit Price Factor Total
500.00 0.68 1.3922

SOFFIT CEILING AT CITY HALL ENTRANCE AND BELL TOWER

9/12/2024
Contractor's Price Proposal - Detail
Item #5.1.

Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 132486.00
Calistoga City Hall Painting
Section - 09
19 09 91 13 00 0149 0203 MOD For >250 To 500, Add $62.65 Installation x x = 62.65
Quantity Unit Price Factor Total
500.00 0.09 1.3922
20 09 91 13 00 0150 SF 2 Coats Paint, Brush/Roller Work, Paint Exterior Drywall/Plaster Ceiling $884.05 Installation x x = 884.05
Quantity Unit Price Factor Total
500.00 1.27 1.3922
21 09 91 13 00 0150 0203 MOD For >250 To 500, Add $118.34 Installation x x = 118.34
Quantity Unit Price Factor Total
500.00 0.17 1.3922
22 09 91 13 00 0255 EA 1 Coat Paint, Brush/Roller Work, Paint Exterior Wood DoorOne face $393.81 Installation x x = 393.81
Quantity Unit Price Factor Total

7.00 40.41 1.3922
23 09 91 13 00 0255 0217 MOD For >5 To 10, Deduct -$19.69 Installation x x = -19.69
Quantity Unit Price Factor Total

7.00 -2.02 1.3922
24 09 91 13 00 0256 EA 2 Coats Paint, Brush/Roller Work, Paint Exterior Wood DoorOne face $702.16 Installation x x = 702.16
Quantity Unit Price Factor Total

7.00 72.05 1.3922
25 09 91 13 00 0256 0217 MOD For >5 To 10, Deduct -$35.08 Installation x x = -35.08
Quantity Unit Price Factor Total

7.00 -3.60 1.3922
09 91 13 00 0280 Up To 8 SF Window Size, 1 Coat Paint, Brush Work, Exterior Wood Window Including Trim
26 EA $294.24
Installation x x = 294.24
Quantity Unit Price Factor Total

3.00 70.45 1.3922
09 91 13 00 0281 >8 To 14 SF Window Size, 1 Coat Paint, Brush Work, Exterior Wood Window Including Trim
27 EA $1,060.02
Installation x x = 1,060.02
Quantity Unit Price Factor Total

9.00 84.60 1.3922
28 09 91 13 00 0281 0224 MOD For >5 To 10, Deduct -$53.00 Installation x x = -53.00
Quantity Unit Price Factor Total

9.00 -4.23 1.3922
09 91 13 00 0282 >14 To 20 SF Window Size, 1 Coat Paint, Brush Work, Exterior Wood Window Including Trim
29 EA $793.14
Installation x x = 793.14
Quantity Unit Price Factor Total

5.00 113.94 1.3922
30 09 91 13 00 0282 0224 MOD For >5 To 10, Deduct -$39.68 Installation x x = -39.68
Quantity Unit Price Factor Total

5.00 -5.70 1.3922
09 91 13 00 0283 >20 To 26 SF Window Size, 1 Coat Paint, Brush Work, Exterior Wood Window Including Trim
31 EA $1,607.57
Installation x x = 1,607.57
Quantity Unit Price Factor Total

9.00 128.30 1.3922
32 09 91 13 00 0283 0224 MOD For >5 To 10, Deduct -$80.44 Installation x x = -80.44
Quantity Unit Price Factor Total

9.00 -6.42 1.3922

9/12/2024
Contractor's Price Proposal - Detail
Item #5.1.

Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 132486.00
Calistoga City Hall Painting
Section - 09
09 91 13 00 0295 1 Coat Primer, Brush/Roller Work, Paint Exterior Wood Window Frame And Trim
33 LF $1,390.81
Installation x x = 1,390.81
Quantity Unit Price Factor Total
900.00 1.11 1.3922

WINDOW TRIM IS SEPARATE COLOR FROM WINDOW AND FRAME
09 91 13 00 0297 2 Coats Paint, Brush/Roller Work, Paint Exterior Wood Window Frame And Trim
34 LF $2,242.83
Installation x x = 2,242.83
Quantity Unit Price Factor Total
900.00 1.79 1.3922
35 09 91 13 00 0309 LF 1 Coat Primer, Brush/Roller Work, Paint Fascia Board $285.12 Installation x x = 285.12
Quantity Unit Price Factor Total
320.00 0.64 1.3922
320 LF FASCIA BOARD
36 09 91 13 00 0309 0230 MOD For >250 To 500, Add $31.19 Installation x x = 31.19
Quantity Unit Price Factor Total
320.00 0.07 1.3922
37 09 91 13 00 0311 LF 2 Coats Paint, Brush/Roller Work, Paint Fascia Board $498.96 Installation x x = 498.96
Quantity Unit Price Factor Total
320.00 1.12 1.3922
38 09 91 13 00 0311 0230 MOD For >250 To 500, Add $57.92 Installation x x = 57.92
Quantity Unit Price Factor Total
320.00 0.13 1.3922
39 09 91 13 00 0340 LF 1 Coat, Paint Conduit, Steel Pipe 1/2"To 1-1/2" Diameter $451.49 Installation x x = 451.49
Quantity Unit Price Factor Total
230.00 1.41 1.3922

ELECTRICAL CONDUIT
40 09 91 13 00 0341 LF 1 Coat, Paint Conduit, Steel Pipe 2" To 3-1/2" Diameter $329.95 Installation x x = 329.95
Quantity Unit Price Factor Total
150.00 1.58 1.3922
41 09 91 13 00 0345 LF 2 Coats, Paint Conduit, Steel Pipe 1/2" To 1-1/2" Diameter $915.79 Installation x x = 915.79
Quantity Unit Price Factor Total
230.00 2.86 1.3922
42 09 91 13 00 0346 LF 2 Coats, Paint Conduit, Steel Pipe 2" To 3-1/2" Diameter $659.90 Installation x x = 659.90
Quantity Unit Price Factor Total
150.00 3.16 1.3922
43 09 91 13 00 0381 LF 1 Coat Alkyd Primer, Brush/Roller Work, 2 Rails, Paint Pipe Rail And Pickets $348.05 Installation x x = 348.05
Quantity Unit Price Factor Total
100.00 2.50 1.3922

WOOD HANDRAILING TO STAIRS IN BACK OF OFFICE
44 09 91 13 00 0383 LF 2 Coats Alkyd Enamel, Brush/Roller Work, 2 Rails, Paint Pipe Rail And Pickets $648.77 Installation x x = 648.77
Quantity Unit Price Factor Total
100.00 4.66 1.3922
45 09 91 13 00 0445 SF 1 Coat, Spray Per Side, Paint Wood Lattice Or Trellis $308.23 Installation x x = 308.23
Quantity Unit Price Factor Total
180.00 1.23 1.3922
PAINT LATTICE IN FRONT OF CITY HALL. 45 LF X 2' TALL X 2 SIDES = 180 SF 46 09 91 13 00 0446 SF 2 Coats, Spray Per Side, Paint Wood Lattice Or Trellis $568.85 Installation x x = 568.85
Quantity Unit Price Factor Total
180.00 2.27 1.3922

9/12/2024
Contractor's Price Proposal - Detail
Item #5.1.

Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 132486.00
Calistoga City Hall Painting
Section - 09
47 09 91 13 00 0468 SF 1 Coat Primer, Brush Work, Paint Exterior Exposed Metal Trim $694.99 Installation x x = 694.99
Quantity Unit Price Factor Total
520.00 0.96 1.3922
300 LF FLASHING X 1' = 300 SF
110 LF COPING X 2' = 220 SF
48 09 91 13 00 0470 SF 2 Coats Paint, Brush Work, Paint Exterior Exposed Metal Trim $1,361.01 Installation x x = 1,361.01
Quantity Unit Price Factor Total
520.00 1.88 1.3922
49 09 91 13 00 0474 LF 1 Coat Paint, Brush Work, Paint Exterior Gutter And Downspout $840.89 Installation x x = 840.89
Quantity Unit Price Factor Total
400.00 1.51 1.3922
225 LF GUTTERS 175 LF DOWNSPOUTS
50 09 91 13 00 0475 LF 2 Coats Paint, Brush Work, Paint Exterior Gutter And Downspout $1,085.92 Installation x x = 1,085.92
Quantity Unit Price Factor Total
400.00 1.95 1.3922
51 09 91 13 00 0480 SF 1 Coat Primer, Brush/Roller Work, Paint Exterior Wood Trim $682.87 Installation x x = 682.87
Quantity Unit Price Factor Total
450.00 1.09 1.3922
250 LF COLUMN POSTS
200 LF ARCH HEADERS
52 09 91 13 00 0482 SF 2 Coats Paint, Brush/Roller Work, Paint Exterior Wood Trim $1,415.87 Installation x x = 1,415.87
Quantity Unit Price Factor Total
450.00 2.26 1.3922
Subtotal for Section - 09 $71,079.17
Proposal Total
This total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding.
$80,502.37

9/12/2024
Contractor's Price Proposal - Detail
Item #5.1.

Subcontractor Listing
132486.00
Calistoga City Hall Painting
IQC Master Contract #: CA-R3-GB01-123021-TSW
Work Order #:

Owner PO #:

Title:

Re:

Date: September 12, 2024
Proposal Value:

Contractor: T&S Intermodal Maintenance, Inc. DBA T&S West $80,502.37
Name of Contractor Duties Amount %
No Subcontractors have been
selected for this Work Order
$0.00 0.00

6.00

9/12/2024
Subcontractor Listing
Item #5.1.

T & S West
P O Box 1592 Linden, CA 95236 Office: (209) 942-1360 Fax: (209) 942-1368 Scope of Work
Project Description: City of Calistoga – City Hall Painting Date: September 9, 2024
Contractor: T & S West
T & S West (T & S) is pleased to submit a Detailed Scope of Work for the above referenced project.

Scope based per job walk on 08/09/24.

Inclusions:

1. Repair Dryrot
a. Remove and replace rotten T1-11 siding with z bar flashing and new T1-11 siding in 1ea location, approx. 32 SF.
b. Remove and replace 1 x 6 trim, approx. 8 LF.

2. Exterior Full Preparations and Protection, Painting of the Building, Bell Tower (approx. 10,000 SF):
a. Mask, Plastic, Drop Cloth off all non-paintable surfaces as needed for protection. b. Preparations: all paintable surfaces as caulking cracks/gaps, spackling any nail holes, etc. i. Crack fill stucco awning at front of city hall.
c. Primer coat, as needed, Brush/Roll 1 coat Exterior Stain Block type Primer. d. Brush/Roll 2 coats of Exterior Finish Eggshell
e. Paint walls, 26ea- windows, 7ea- doors, lattice, columns, gutters, downspouts, conduit, and architectural headers.
f. Prep and repaint handrails in the stairwell area
Clarifications:

1. This proposal is based on performing all work in one move in for all operations, during normal working hours 7am-5pm, Monday through Friday, unless otherwise stated above. We would be happy to discuss alternatives for scheduling if other requests are needed.

2. It is anticipated to have 3-4 weeks of work, dependent on crew size and availability.

3. Owner to provide staging area directly adjacent for work.

4. Owner is responsible for having work areas clear of all material, equipment, electronics, file cabinets, cubicles, furniture, appliances, fixtures, etc. prior to mobilization and during work.

5. Bid subject to buildings and work areas being clear and accessible to personnel, material, and equipment for the entire length of work.

Item #5.1.

T & S West
P O Box 1592 Linden, CA 95236 Office: (209) 942-1360 Fax: (209) 942-1368

6. Owner expressly acknowledges that Contractor is a licensed contractor authorized to perform work provided in this Contract and that the Contractor is not an engineer or a design consultant.

Proposals made by Contractor with respect to work to be performed are made solely for the consideration of Owner and Owner’s design engineer or design consultant, who shall be solely responsible for determining whether any such work proposed by Contractor is, or will be, adequate to satisfy the needs and or purposes of the Owner. Except as expressly provided in this Contract, no warranty or representation of any kind or nature with respect to any such proposal.

Warranty with respect to fitness for any purpose or use is expressly disclaimed to the fullest extent of the law.

Exclusions:

1. Wooden Sign- City of Calistoga

2. Encountering unknown conditions, conflicts, etc. Additional work shall be compensated at the labor time it takes for unknown condition repairs, plus material costs.

3. Building Design, Engineering, and Permitting

4. Temporary utilities (heat, power, water, lights).

5. This proposal specifically excludes: shop drawings; LEED certification; engineering or architectural services; as-built plans; engineered survey; all permits and fees; inspection fees; costs for testing, handling and/or removing any hazardous/contaminated materials; SWPP Plans, monitoring, or installation.

6. Items of work not specifically mentioned above and in proposal.

Item #5.1.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Dec 03 2024
Subject: Execute the Easement and Grant Deeds to Pacific Gas and Electric and Comcast for Installation and Operation of the MicroGrid Hub Interconnect AGENDA TITLE:

Consideration of a Resolution authorizing the City Manager to execute the easement and grant deeds to Pacific Gas and Electric (PG&E) and Comcast for installation and operation of the Power and Communications Lines between the MicroGrid and PG&E Hub.

RECOMMENDATION:

Consider Adopting the Resolution
SUMMARY:

On March 21, 2023, the Calistoga City Council entered into a lease agreement with PG&E to build a Clean Energy Microgrid Project to replace the Diesel generators PG&E provides Calistoga for temporary standby power during Public Safety Power Shut-off (PSPS) events. The Microgrid will utilize hybrid Hydrogen Fuel Cell and Battery Energy Storm Systems to provide a cleaner alternative to the existing diesel generators, which PG&E was required to do by the California Public Utility Commission to lower Greenhouse Gas (GHG) emissions back in 2021.

The new microgrid is located approximately 400-feet south of the existing PG&E/Comcast infrastructure that it needs to connect to for the facility to run and be able to send power to Calistoga customers. New conduits are installed on the south side of the vine trail and run basically between the dog park and the new microgrid, at the end of Washington Street. City staff required the conduits be undergrounded (UG) as it was part of an underground district previously demarcated by the city.

The new UG conduits are located on city property which requires easements for PG&E and Comcast to build, operate, and maintain.

Substantial site construction work has been completed but the remaining wire pulling, connections, commissioning, and testing still are yet to be completed. The current projection is that the site should be authorized as complete by PG&E, and “ready to serve” by the end of February 2025, barring any unforeseen conditions.

City staff had a licensed land surveyor review the documents and the easement and grant deeds are ready for approval and recordation.

FINANCIAL IMPACT:

There is no fiscal impact to the city from the adoption of the recommended Resolution. Once all the underground infrastructure is installed, the trail will be repaved and continue to function as is.

Item #5.2.

CEQA STATUS:

The Planning Commission considered and approved a Categorical Exemption for the project by Resolution PC 2023-07 on June 14, 2023.

ATTACHMENT(S):

1. Draft Resolution

2. PG&E and Comcast Easement & Deed Documents
APPROVAL(S):

Derek Rayner, Public Works Director/City Engineer Approved - Nov 21 2024 Connie Cardenas, Admin. Services Director Approved - Nov 22 2024 Laura Snideman, City of Calistoga | City Manager Approved - Nov 25 2024 Yudiana Galvan, City of Calistoga | City Clerk Approved - Nov 25 2024 Item #5.2.

ATTACHMENT 1
RESOLUTION NO. 2024-XXX

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

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

THE EASEMENT AND GRANT DEEDS TO PACIFIC GAS AND ELECTRIC (PG&E) AND

COMCAST FOR INSTALLATION AND OPERATION OF THE POWER AND

COMMUNICATIONS LINES BETWEEN THE MICROGRID AND PG&E HUB WHEREAS, on March 21, 2023, the Calistoga City Council entered into a lease agreement with PG&E to build a Clean Energy Microgrid Project to replace the Diesel generators PG&E provides Calistoga for temporary standby power during Public Safety Power Shut-off (PSPS) events; and
WHEREAS, the Microgrid will utilize hybrid Hydrogen Fuel Cell and Battery Energy Storm Systems to provide a cleaner alternative to the existing diesel generators, which PG&E was required to do by the California Public Utility Commission to lower Greenhouse Gas (GHG) emissions back in 2021; and
WHEREAS, the new microgrid is located approximately 400-feet south of the existing PG&E/Comcast infrastructure that it needs to connect to for the facility to run and be able to send power to Calistoga customers; and
WHEREAS, the new UG conduits are located on city property which requires easements for PG&E and Comcast to build, operate, and maintain their facilities with; and WHEREAS, there is no fiscal impact to the city from the adoption of the recommended Resolution. Once all the underground infrastructure is installed, the trail will be repaved and continue to function as is; and
WHEREAS, the Planning Commission considered and approved a Categorical Exemption for the project by Resolution PC 2023-07 on June 14, 2023; and WHEREAS, city staff had Cinquini & Passarino, Inc., licensed land surveyors review the documents and the easement and grant deeds are ready for approval and recordation.

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

1. Authorizes the City Manager to execute the easement and grant deeds to Pacific Gas and Electric (PG&E) and Comcast for installation and operation of the Power and Communications Lines between the MicroGrid and PG&E Hub.

2. Authorizes staff to submit the easement and grant deeds for recordation.

Item #5.2.

Resolution No. 2024-XXX

PASSED, APPROVED AND ADOPTED this 3rd day of December, 2024. I, YUDIANA GALVAN, 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, City Clerk Donald Williams, Mayor
Item #5.2.

Utility Distribution Easement (02/2020)
RECORDING REQUESTED BY AND RETURN TO:

PACIFIC GAS AND ELECTRIC COMPANY
300 Lakeside Drive, Suite 210
Oakland, CA 94612
Attn: Land Rights Library
Location: City/Uninc______________________
Recording Fee $_____________________________
Document Transfer Tax $ __________
[ ] This is a conveyance where the consideration and
Value is less than $100.00 (R&T 11911).
[ ] Computed on Full Value of Property Conveyed, or
[ ] Computed on Full Value Less Liens
& Encumbrances Remaining at Time of Sale
[ ] Exempt from the fee per GC 27388.1 (a) (2); This
document is subject to Documentary Transfer Tax
Signature of declarant or agent determining tax
(SPACE ABOVE FOR RECORDER'S USE ONLY)
LD# 2408-06-10104 EASEMENT DEED
PM# 35513977
CITY OF CALISTOGA, a municipal corporation,
hereinafter called Grantor, hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called Grantee, the right from time to time to excavate for, construct, reconstruct, replace (of initial or any other size), remove, maintain, inspect, and use facilities and associated equipment for public utility purposes, including, but not limited to electric, gas, and communication facilities, together with a right of way therefor, on, over, and under the easement area as hereinafter set forth, and also ingress thereto and egress therefrom, over and across the lands of Grantor situated in the City of Calistoga, County of Napa, State of California, described as follows:
(APN 011-260-003)
Three parcels of land (a) the first and second described and designated Parcel One and Parcel Two in the deed from San Francisco and Napa Valley Railroad, a corporation to City of Calistoga, dated April 23, 1943 and recorded in Book 194 of Official Records at page 86, Napa County Records; and (b) the third described in the deed from Garibaldi Iaccheri to Laura L. Iaccheri to The Town of Calistoga, a municipal corporation, dated January 3, 1916 and recorded in Book 112 of Deeds at page 200, Napa County Records.

The easement area is described as follows:

The parcel of land described in Exhibit “A” and shown on Exhibit “B” attached hereto and made a part hereof.

Grantor further grants to Grantee the right, from time to time, to trim or to cut down, without Grantee paying compensation, any and all trees and brush now or hereafter within said easement area, and shall have the further right, from time to time, to trim and cut down trees and brush along each side of said easement area which now or hereafter in the opinion of Grantee may interfere with or be a hazard to the ATTACHMENT Item #5.2. 2

Utility Distribution Easement (02/2020)
facilities installed hereunder, or as Grantee deems necessary to comply with applicable state or federal regulations.

Grantor also grants to Grantee the right to use such portion of said lands contiguous to said easement area as may be reasonably necessary in connection with the excavation, construction, reconstruction, replacement, removal, maintenance and inspection of said facilities.

Grantor hereby covenants and agrees not to place or construct, nor allow a third party to place or construct, any building or other structure, or store flammable substances, or drill or operate any well, or construct any reservoir or other obstruction within said easement area, or diminish or substantially add to the ground level within said easement area, or construct any fences that will interfere with the maintenance and operation of said facilities.

Grantor further grants to Grantee the right to apportion to another public utility (as defined in Section 216 of the California Public Utilities Code) the right to excavate for, construct, reconstruct, replace, remove, maintain, inspect, and use the communications facilities within said easement area including ingress thereto and egress therefrom.

Grantor acknowledges that they have read the “Grant of Easement Disclosure Statement”, EXHIBIT “C”, attached hereto and made a part hereof.

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

The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land.

Dated: __________________, _______.

CITY OF CALISTOGA, a municipal corporation
By: ______________________
Print Name: ____________________
Title: ______________________
I hereby certify that a resolution was adopted
on the ____ day of _________, 20____, by the
_____________________________________
authorizing the foregoing grant of easement.

By__________________________________
Item #5.2.

Utility Distribution Easement (02/2020)
State of California
County of )
On __________________________, before me, Notary Public, Insert name
personally appeared
,
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 PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
(Seal)
Signature of Notary Public

CAPACITY CLAIMED BY SIGNER
[ ] Individual(s) signing for oneself/themselves
[ ] Corporate Officer(s) of the above named corporation(s) [ ] Trustee(s) of the above named Trust(s)
[ ] Partner(s) of the above named Partnership(s)
[ ] Attorney(s)-in-Fact of the above named Principal(s) [ ] Other
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.

Item #5.2.

EXHIBIT “A”

LEGAL DESCRIPTION
All that real property situated in the City of Calistoga, County of Napa, State of California described as follows:

Being a portion of the lands described in that certain deed recorded May 11, 1943 in Book 194 of Official Records at Page 86 and a portion of the lands described in that certain deed recorded February 4, 1916 in Book 112 of Deeds at Page 200, Napa County Records particularly described as follows:

COMMENCING at the found three inch brass disk well monument on the monument line of Washington Street marking the northwesterly terminus of a course with a bearing of S 71°18’20” E and a distance of 626.63’ (South 69°53’52” East for this description) as shown on Parcel Map 4662 filed in Book 19 of Parcel Maps at Pages 90 and 91, Official Records of Napa County; thence along said monument line South 69°53’52” East 626.59 feet to another found three inch brass disk well monument marking the southeasterly terminus of said course as shown on said map, last said line being the Basis of Bearings for this description; thence leaving said monument line South 72°43’19” East 521.41 feet to the POINT OF BEGINNING; thence North 86°33’42” East 10.00 feet; thence South 03°26’18” East 41.85 feet; thence South 69°33’07” East 308.33 feet; thence North 20°26’53” East 40.88 feet; thence South 69°36’28” East

21.35 feet; thence South 45°00’00” East 8.53 feet; thence South 69°36’28” East 39.21 feet; thence North 29°01’24” West 11.00 feet; thence North 69°36’28” West 7.28 feet; thence North 20°23’32” East

15.00 feet; thence South 69°36’28” East 15.00 feet; thence South 20°23’32” West 5.61 feet; thence South 69°36’28” East 12.19 feet; thence South 20°23’32” West 8.10 feet; thence South 69°36’28” East

4.11 feet; thence South 20°23’32” West 18.45 feet; thence North 69°36’28” West 57.06 feet; thence North 45°00’00” West 8.53 feet; thence North 69°36’28” West 9.18 feet; thence South 20°26’53” West

40.89 feet; thence North 69°33’07” West 312.20 feet; thence South 20°23’32” West 6.74 feet; thence North 69°36’28” West 23.00 feet; thence North 20°23’32” East 17.00 feet; thence South 69°36’28” East

5.84 feet; thence North 03°26’18” West 37.16 feet to the POINT OF BEGINNING.

Containing an area of 5548 +/- square feet (0.13 acres) Basis of Bearings: South 69°53’52” East, 626.59 feet (CCS, Zone II) between two found 3 inch brass disk well monuments, not tagged, along the southerly line of said lands derived from GPS observations by BKF Engineers, shown as S 71°18’20” E 626.63’ on Parcel Map 4662 filed in Book 19 of Parcel Maps at Pages 90 and 91 and N 71°18’40” W 626.60’ on the Record of Survey filed in Book 48 of Surveys at page 81, both of Official Records of Napa County.

The Legal Description herein is based upon a survey prepared under my direction in January, 2024.

TRANSAMERICAN ENGINEERS & ASSOCIATES
11/12/24
Barry A. Pierce, PLS
Item #5.2.

Item #5.2.

Item #5.2.

Item #5.2.

Item #5.2.

Utility Distribution Easement (02/2020)
Pacific Gas and Electric Company
EXHIBIT “C”

GRANT OF EASEMENT DISCLOSURE STATEMENT
This Disclosure Statement will assist you in evaluating the request for granting an easement to Pacific Gas and Electric Company (PG&E) to accommodate a utility service extension to PG&E’s applicant. Please read this disclosure carefully before signing the Grant of Easement.
• You are under no obligation or threat of condemnation by PG&E to grant this easement. • The granting of this easement is an accommodation to PG&E’s applicant requesting the extension of PG&E utility facilities to the applicant’s property or project. Because this easement is an accommodation for a service extension to a single customer or group of customers, PG&E is not authorized to purchase any such easement.
• By granting this easement to PG&E, the easement area may be used to serve additional customers in the area and may be used to install additional utility facilities. Installation of any proposed facilities outside of this easement area will require an additional easement. • Removal and/or pruning of trees or other vegetation on your property may be necessary for the installation of PG&E facilities. You have the option of having PG&E’s contractors perform this work on your property, if available, or granting permission to PG&E’s applicant or the applicant’s contractor to perform this work.

Additionally, in order to comply with California fire laws and safety orders, PG&E or its contractors will periodically perform vegetation maintenance activities on your property as provided for in this grant of easement in order to maintain proper clearances from energized electric lines or other facilities. • The description of the easement location where PG&E utility facilities are to be installed across your property must be satisfactory to you.
• The California Public Utilities Commission has authorized PG&E’s applicant to perform the installation of certain utility facilities for utility service. In addition to granting this easement to PG&E, your consent may be requested by the applicant, or applicant’s contractor, to work on your property. Upon completion of the applicant’s installation, the utility facilities will be inspected by PG&E. When the facility installation is determined to be acceptable the facilities will be conveyed to PG&E by its applicant.

By signing the Grant of Easement, you are acknowledging that you have read this disclosure and understand that you are voluntarily granting the easement to PG&E. Please return the signed and notarized Grant of Easement with this Disclosure Statement attached to PG&E. The duplicate copy of the Grant of Easement and this Disclosure Statement is for your records.

Item #5.2.

Utility Distribution Easement (02/2020)
Attach to LD: 2408-06-10104
Area, Region or Location: 7
Land Service Office: Santa Rosa
Line of Business: Electric Distribution (43)
Business Doc Type: Easements
MTRSQ: (24.08.06.06.41, 24.08.06.06.44) Rancho Carne Humana FERC License Number: N/A
PG&E Drawing Number: N/A
Plat No.: FF3115/FF3120
LD of Affected Documents: N/A
LD of Cross Referenced Documents: 2408-06-0517; 10026; 10027; 10029 Type of interest: Utility Easement (86), Electric Underground Easements (4) SBE Parcel: N/A
% Being Quitclaimed: N/A
Order or PM: 35513977
JCN: N/A
County: Napa
Utility Notice Number: N/A
851 Approval Application No: N/A ;Decision: N/A
Prepared By: AEBJ
Checked By: DAK8 ______
Approved By:

Revised by:

PW: \Documents\LS&ES\Distribution - North Coast\Santa Rosa\Archive\R_W 2024\Napa\35513977 - 204 Washington St, Calistoga\
Item #5.2.

EXHIBIT “A”

LEGAL DESCRIPTION
All that real property situated in the City of Calistoga, County of Napa, State of California described as follows:

Being a portion of the lands of the City of Calistoga, County of Napa, State of California, particularly described as follows:

Being a portion of the lands described in that certain deed recorded February 4, 1916 in Book 112 of Deeds at Page 200 and a portion of the lands described in that certain deed recorded May 11, 1943 in Book 194 of Official Records at Page 86, Napa County Records particularly described as follows:

A strip of land of the uniform width of 10.00 feet, lying 5.00 feet on each side, the center line of which is more particularly described as follows:

COMMENCING at the found three inch brass disk well monument on the monument line of Washington Avenue marking the northwesterly terminus of a course with a bearing of S 71°18’20” E and a distance of 626.63’ (South 69°53’52” East for this description) as shown on Parcel Map 4662 filed in Book 19 of Parcel Maps at Pages 90-91, Official Records of Napa County; thence along said monument line South 69°53’52” East 626.59 feet to another found three inch brass disk well monument marking the southeasterly terminus of said course as shown on said map, last said line being the Basis of Bearings for this description; thence South 72°24’23” East 527.87 feet to the POINT OF BEGINNING; thence South 03°26’18” East 40.29 feet ; thence South 69°35’00” East 311.56 feet; thence South 75°17’28” East

10.00 feet; thence South 69°33’07” East 123.58 feet; thence North 20°15’23” East 54.65 feet; thence North 53°19’25” East 8.83 feet to the Point of Termination.

Containing an area of 5489 +/- square feet (0.13 acres) Basis of Bearings: South 69°53’52” East, 626.59 feet (CCS, Zone II) between two found 3 inch brass disk well monuments, not tagged, along the southerly line of said lands derived from GPS observations by BKF Engineers, shown as S 71°18’20” E 626.63’ on Parcel Map 4662 filed in Book 19 of Parcel Maps at Pages 90 and 91 and N 71°18’40” W 626.60’ on the Record of Survey filed in Book 48 of Surveys at page 81, both of Official Records of Napa County.

The Legal Description herein is based upon a survey prepared under my direction in January, 2024.

TRANSAMERICAN ENGINEERS & ASSOCIATES
11/12/24
Barry A. Pierce, PLS
Item #5.2.

Item #5.2.

PROJECT: 204 Washington Street Calistoga, CA JOB#: 7226

CLOSURE CALCULATIONS

MAPCHECK CLOSURES
Parcel name: Center line - Comcast trench easement
North: 1972606.9666 East : 6397440.0493
Line Course: S 69-53-52 E Length: 626.59
North: 1972391.6100 East : 6398028.4680
Line Course: S 72-24-23 E Length: 527.87
North: 1972232.0541 East : 6398531.6466
Line Course: S 03-26-18 E Length: 40.29
North: 1972191.8366 East : 6398534.0629
Line Course: S 69-35-00 E Length: 311.56
North: 1972083.1506 East : 6398826.0509
Line Course: S 75-17-28 E Length: 10.00
North: 1972080.6115 East : 6398835.7232
Line Course: S 69-33-07 E Length: 123.58
North: 1972037.4378 East : 6398951.5163
Line Course: N 20-15-23 E Length: 54.65
North: 1972088.7079 East : 6398970.4373
Line Course: N 53-19-25 E Length: 8.83
North: 1972093.9820 East : 6398977.5192
Line Course: N 71-32-54 W Length: 1620.79
North: 1972606.9694 East : 6397440.0524
Perimeter: 3324.15 Area: 38,021 sq. ft. 0.87 acres
Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0042 Course: N 47-09-29 E
Error North: 0.00288 East : 0.00310
Precision 1: 791,466.67
____________________ 11/12/24
Barry A. Pierce Date
Item #5.2.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Connie Cardenas, Admin. Services Director
Meeting: City Council - Dec 03 2024
Subject: FY 2023-24 Development Impact Fees Annual Report in Compliance with Assembly Bill 1600
AGENDA TITLE:

Consider adopting a Resolution accepting the FY 2023-24 Development Impact Fees Annual Report in Compliance with Assembly Bill 1600.

RECOMMENDATION:

Adopt a Resolution Accepting the FY 2023-24 annual development fee report.

SUMMARY:

State law (California Government Code Section 66006) requires each local agency that imposesAB1600 development impact fees to prepare an annual report providing specific information about those fees. The AB 1600 legal requirements stipulate that fees imposed on new development have the proper nexus to any project on which they are imposed. In addition, AB 1600 imposes certain accounting and reporting requirements with respect to the fees collected. The fees for accounting purposes must be segregated from the General Fund of the City and from other funds or accounts containing fees collected for other improvements. Interest on each development fee fund or account must be credited to the fund or account and used only for the purpose for which fees were collected.

The recommended Resolution (Attachment 1) accepts the annual report which is included as Exhibit A (the FY 2023-24 AB 1600 Report) to the Resolution.

FINANCIAL IMPACT:

Revenues collected for all Development Impact Fees are used to finance the acquisition, construction, and improvements of public facilities and infrastructure as needed.

CEQA STATUS:

No Impact
ATTACHMENT(S):

Calistoga AB 1600 Resolution
Calistoga AB 1600 Report Final Draft 11.18.24
APPROVAL(S):

Item #5.3.

Connie Cardenas, Admin. Services Director Approved - Nov 01 2024 Laura Snideman, City of Calistoga | City Manager Approved - Nov 25 2024 Yudiana Galvan, City of Calistoga | City Clerk Approved - Nov 25 2024 Item #5.3.

1 ATTACHMENT 1
RESOLUTION NO. 2024-XXX

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

COUNTY OF NAPA, STATE OF CALIFORNIA, ACCEPTING THE FISCAL YEAR 2023-24 ANNUAL REPORT OF DEVELOPER IMPACT FEES (AB 1600

REPORT)
WHEREAS, the City of Calistoga imposes fees to mitigate the impact of development pursuant to Government Code Section 66000 et seq.; and WHEREAS, said fees collected are deposited into a special and separate capital account for each type of improvement funded by development fees; and WHEREAS, the City maintains separate funds for administrative facilities, fire, police, transportation, affordable housing linkage, affordable housing in-lieu, parking in-lieu, cultural/recreational, traffic signal, northwest drainage, water, and wastewater; and
WHEREAS, the City is required within 180 days after the last day of each fiscal year to make available to the public information for the fiscal year regarding these fees under Government Code Sections 66001 and 66006; and WHEREAS, City staff has prepared a report (“AB 1600 Report”) that contains the information required by Government Code Section 66006; and WHEREAS, there were no refunds of development impact fees collected pursuant to Government Code Section 66001 (e), nor were there any allocations of unexpended revenues collected pursuant to Government Code Section 66001 (f); and
WHEREAS, the AB 1600 Report was made available for review on November 18, 2024, fifteen (15) days prior to the date the Council considered the AB 1600 Report; and
WHEREAS, no interest persons have requested notice of the AB 1600 Report; consequently, no notices of availability of the AB 1600 Report were mailed.

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

A. In accordance with Government Code Sections 66001 and 66006, the City has conducted a review of its development impact fees and capital infrastructure programs and the City Council has reviewed the AB 1600 Report attached hereto as Exhibit A and incorporated therein by this reference.

Item #5.3.

2 B. The City Council hereby approves, accepts, and adopts the FY 2023-24 AB 1600 Report.

PASSED, APPROVED AND ADOPTED this day of . I,

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

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

Yudiana Galvan, City Clerk Donald Williams, Mayor
Item #5.3.

1 Exhibit A

CITY OF CALISTOGA
FY 23-24 Development Impact Fees Annual Report
For Compliance with Assembly Bill 1600
November 18, 2024
Prepared by
Connie Cardenas, Administrative Services
City of Calistoga Administrative Services Department
Item #5.3.

2 BACKGROUND:

State law (California Government Code Section 66006) requires each local agency that imposes AB 1600 development impact fees to prepare an annual report providing specific information about those fees. The AB 1600 legal requirements stipulate that fees imposed on new development have the proper nexus to any project on which they are imposed. In addition, AB 1600 imposes certain accounting and reporting requirements with respect to the fees collected. The fees for accounting purposes must be segregated from the General Fund of the City and from other funds or accounts containing fees collected for other improvements. Interest on each development fee fund or account must be credited to the fund or account and used only for the purpose for which fees were collected.

California Code Section 66006(b) requires the local agency for each separate account or fund, within 180 days after the last day of the fiscal year to make available to the public the following information for the fiscal year:
(1) A brief description of the type of fee in the account or fund. (2) The amount of the fee.
(3) The beginning and ending balance of the account or fund. (4) The amount of the fees collected and the interest earned. (5) An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees.
(6) An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete. (7) A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan.
(8) The amount of refunds made pursuant to subdivision (e) of Section 66001 and any allocations pursuant to subdivision (f) of Section 66001.

California Government Code Section 66001(d) requires the local agency to file the report every fifth year with respect to the portion of the account remaining unexpended, whether committed or uncommitted.

Item #5.3.

3 If the agency no longer needs the funds for the purposed collected, or if the agency fails to make required findings, or perform certain administrative tasked prescribed by AB 1600, the agency may be required to refund, on a prorated basis to owners of the properties upon which the fees for the improvement were imposed, the monies collected for that project and any interest earned on those funds.

The report must be reviewed by the City Council at a regularly scheduled public meeting not less than 15 days after the information is made available to the public. In addition, notice of the time and place of the meeting shall be mailed at least 15 days prior to the meeting to any interested party who files a written request with the local agency for such a mailed notice. This report was filed with the City Clerk’s office and available for public review on October 28, 2024 and posted on the City’s Web page on October 28, 2024.

Item #5.3.

4 1
ANALYSIS:

Development impact fees are charged by a local governmental agency to an applicant in connection with approval of a development project. The purpose of these fees is to defray all or a portion of the cost of public facilities related to the development project.

Fees are collected at the time a building permit is issued for the purpose of mitigating the impacts caused by new development on certain public facilities. Facility fees are used to finance the acquisition, construction and improvement of public facilities needed as a result of this new development. A separate fund has been established to account for the impact of new development on each of the following types of public facilities: administrative facilities, fire, police, transportation, affordable housing, cultural/recreation, traffic signal, northwest drainage, water and wastewater.

As of June 30, 2024, none of the funds have been held beyond the five-year period as described in AB 1600 and their continued collection is necessary to adder the impacts associated with new development.

AB 1600 DESCRIPTION OF DEVELOPMENT FEES
AB 1600 development fees may only be used for the construction and expansion of infrastructure that will serve new growth, not for operating or maintenance costs. The City has adopted the following AB 1600 impact and capacity fees:

A. City Administrative Facilities
B. Fire
C. Police
D. Parking
E. Transportation
F. Affordable Housing
G. Cultural/Recreational
H. Traffic Signal
I. Northwest Drainage
J. Water Capacity Charge
K. Wastewater Capacity Charge

Item #5.3.

5 A. City Administrative Facilities
Fee Findings Requirement

1. Identify the purpose to which the fee is to be put

-AB 1600 development fees cover new development’s share of the costs associated with a new City Hall and Community Center facility, including land acquisition.

2. Demonstrate a reasonable relationship between the fee and the purpose for which it is charged.
-The City Administrative Facilities fee is imposed on new development to mitigate the impacts the new development will have on the administrative facilities, like City Hall and the Community Center. The impacts are measured by either the number of units or square footage, depending on the type of development.

3. Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements.

4. Designate the approximate dates on which the funding is expected to be deposited into the appropriate account or fund.
-See Picture A in #3 directly above.

Fee Details Requirement

1. A brief description of the type of fee in the account or fund.

Item #5.3.

6 -AB 1600 development fees cover new development’s share of the costs associated with a new City Hall and Community Center facility, including land acquisition.

2. The amount of the fee.

3. The beginning and ending balance of the account or fund.

4. The amount of the fees collected and the interest earned. -See Picture B directly above in #3.

5. An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees.

Item #5.3.

7 6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete.
-See Picture A in # 3 above under Fee Findings Requirement.

7. A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan.
-See Picture C in #5 above. No loans associated with this fee. -The City Administrative Facilities fees will cover the remodeling of City Hall to accommodate needed growth and will also cover the cost of improvements for the Community Center. Transferred $23,734 to cover costs of completed projects.

8. The amount of refunds made pursuant to subdivision (e) of Section 66001 and any allocations pursuant to subdivision (f) of Section 66001.
-None
B. Fire
Fee Findings Requirement

1. Identify the purpose to which the fee is to be put
-AB 1600 development fees cover new development’s share of the costs associated with the replacement of capital equipment and vehicles. Capital items will depreciate more quickly as new development occurs and the City’s service population grows.

2. Demonstrate a reasonable relationship between the fee and the purpose for which it is charged. -The Fire Development Impact fee is imposed on new development to mitigate the impacts the new development will have on the Calistoga Fire Department’s capital equipment, like fire vehicles, protective equipment, and communication technology.

The impacts are measured by either the number of units or square footage, depending on the type of development.

Item #5.3.

8 3. Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements.

4. Designate the approximate dates on which the funding is expected to be deposited into the appropriate account or fund.
-See Picture D in # 3 directly above. Project construction date to be determined once enough funds are available.

Fee Details Requirement

1. A brief description of the type of fee in the account or fund. -AB 1600 development fees cover new development’s share of the costs associated with the replacement of capital equipment and vehicles. Capital items will depreciate more quickly as new development occurs and the City’s service population grows.

2. The amount of the fee.

3. The beginning and ending balance of the account or fund.

Fee / Authority Amount
Fire Impact Fee
CMC 3.28.040(A)(2)
Resolution 2014-110
Resolution 2017-015
Resolution 2020-008
Single-family residence Multifamily residence ADU ≥ 750 sq. ft.

Retail Restaurant Office
Industrial
Tourist accommodation
$2,745.84/unit
$2,339.84/unit
$1,523.94/unit
$1.15/square foot
$1.20/square foot
$0.94/square foot
$0.52/square foot
$1,255.93/guest
room
Item #5.3.

9 4. The amount of the fees collected and the interest earned. -See Picture E in #3 directly above.

5. An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees.
-No expenditures in FY 23-24.

6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete. -See Picture D in #3 above under Fee Findings Requirement. The amount of $133,582 is allocated to project.

7. A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan.
-No interfund transfer in or out, no loans made in FY 23-24 (see #5 above).

8. The amount of refunds made pursuant to subdivision (e) of Section 66001 and any allocations pursuant to subdivision (f) of Section 66001.
-None
Item #5.3.

10 C. Police
Fee Findings Requirement

1. Identify the purpose to which the fee is to be put
-AB 1600 development fees cover new development’s share of the costs associated with the replacement of capital equipment and vehicles. Capital items will depreciate more quickly as new development occurs and the City’s service population grows.

2. Demonstrate a reasonable relationship between the fee and the purpose for which it is charged. -The Police Development Impact fee is imposed on new development to mitigate the impacts the new development will have on Calistoga Police Department’s capital equipment, like patrol vehicles, protective equipment, and communication technology. The impacts are measured by either the number of units or square footage, depending on the type of development.

3. Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements.

4. Designate the approximate dates on which the funding is expected to be deposited into the appropriate account or fund.
-See Picture F in # 3 direclty above.

Fee Details Requirement

1. A brief description of the type of fee in the account or fund. -AB 1600 development fees cover new development’s share of the costs associated with the replacement of capital equipment and vehicles. Capital items will depreciate more quickly as new development occurs and the City’s service population grows.

Item #5.3.

11 2. The amount of the fee.

3. The beginning and ending balance of the account or fund.

4. The amount of the fees collected and the interest earned. -See Picture G in #3 directly above.

5. An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees.

6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains -See Picture F in # 3 above under Fee Findings Requirement. The amount of $127,462 is allocated to projects.

7. A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan.
-None

8. The amount of refunds made pursuant to subdivision (e) of Section 66001 and any allocations pursuant to subdivision (f) of Section 66001.
-None
Fee / Authority Amount
Industrial $0.14/square foot
Tourist accommodation $333.90/guest
Resolution 2020-008 Restaurant $0.32/square foot
Office $0.25/square foot
Police Impact Fee
CMC 3.28.040(A)(1)
Single-family residence Multifamily residence
$729.78/unit
$622.27/unit
Resolution 2014-110
Resolution 2017-015
ADU ≥ 750 sq. ft.

Retail
$405.02/unit
$0.30/square foot
Item #5.3.

12 D. Parking
Fee Findings Requirement

1. Identify the purpose to which the fee is to be put
-AB 1600 parking development fees allows applicants for development projects to pay a designated fee (or “in-lieu) of providing off-street parking spaces required by the zoning code.

The in-lieu parking fee is used exclusively for acquiring, developing, and maintaining public offstreet parking facilities. The purpose of an in-lieu program is not to impose an additional fee or burden on development but to provide an alternate for projects having difficulty meeting minimum requirements on-site due to space constraints, financial feasibility, or both. As such, in-lieu fees can be seen an economic development tool, facilitating otherwise unfeasible projects.

2. Demonstrate a reasonable relationship between the fee and the purpose for which it is charged.
-The in-lieu Parking fee is imposed on new development to mitigate the impact the new development will have on available parking within the City of Calistoga. The impacts are measured by the number of spaces the new development is required to build and the number of parking spaces built. If the developer does not build the required spaces, they will pay an in-lieu fee that helps fund public parking spaces to mitigate the impact on parking.

3. Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements.

4. Designate the approximate dates on which the funding is expected to be deposited into the appropriate account or fund.
-See Picture H in #3 directly above.

Project construction date to be determined once enough funds are available.

Fee Details Requirement

1. A brief description of the type of fee in the account or fund. -AB 1600 parking development fees allows applicants for development projects to pay a designated fee (or “in-lieu) of providing off-street parking spaces required by the zoning code.

The in-lieu parking fee is used exclusively for acquiring, developing, and maintaining public offItem #5.3.

13 street parking facilities. The purpose of an in-lieu program is not to impose an additional fee or burden on development but to provide an alternate for projects having difficulty meeting minimum requirements on-site due to space constraints, financial feasibility, or both. As such, in-lieu fees can be seen an economic development tool, facilitating otherwise unfeasible projects.

2. The amount of the fee.

3. The beginning and ending balance of the account or fund.

4. The amount of the fees collected and the interest earned. -See Picture I in #3 directly above.

5. An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees.
-No fees expended in FY 23-24.

6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete.
-See Picture H #3 above under Fee Findings Requirement. The amount of $132,235 is allocated to project.

7. A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan.
-No interfund transfer in or out, no loans made in FY 23-24.

8. The amount of refunds made pursuant to subdivision (e) of Section 66001 and any allocations pursuant to subdivision (f) of Section 66001.
-None
Fee / Authority Amount
Parking In-Lieu Fee
CMC 17.36.110
Resolution 87-32
Tier 1
Tier 2
$2,984.53/space
$25,089.96/space
Item #5.3.

14 E. Transportation
Fee Findings Requirement

1. Identify the purpose to which the fee is to be put
-AB 1600 development fees cover new development’s share of the costs associated with providing infrastructure improvements necessary to accommodate the increase in traffic and bicycle-associated improvements associated with new development.

2. Demonstrate a reasonable relationship between the fee and the purpose for which it is charged.
-The Transportation Development Impact fee is imposed on new development to mitigate the impacts the new development will have on transportation infrastructure, like roadways and bicycle and pedestrian infrastructure. The impacts are measured by either the number of units or square footage, depending on the type of development.

3. Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements.

4. Designate the approximate dates on which the funding is expected to be deposited into the appropriate account or fund.
-See Picture J in #3 directly above.

Item #5.3.

15 Fee Details Requirement

1. A brief description of the type of fee in the account or fund. -AB 1600 development fees cover new development’s share of the costs associated with providing infrastructure improvements necessary to accommodate the increase in traffic and bicycle-associated improvements associated with new development.

2. The amount of the fee.

3. The beginning and ending balance of the account or fund.

4. The amount of the fees collected and the interest earned. -See Picture K in #3 directly above.

5. An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees.

-No fees expended in FY 23-24.

Tourist accommodation $2,872.32/guest
Resolution 2020-008 Office $5.15/square foot
Industrial $2.85/square foot
Resolution 2014-110 Retail $6.34/square foot
Resolution 2017-015 Restaurant $11.57/square foot
Fee / Authority Amount
Transportation Impact Fee Single-family residence Multifamily residence$11,966.09/unit $7,419.21/unit
CMC 3.28.040(A)(5) ADU ≥ 750 sq. ft. $6,641.19/unit
Item #5.3.

16 6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete.
-See Picture J in #3 above under Fee Findings Requirement.

Funds are allocated to future pavement projects once funding is available to start.

7. A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan.
-See Picture L in #5 directly above.
-The Transportation fee will be used to pave future city roads. No existing loans on the fee.

8. The amount of refunds made pursuant to subdivision (e) of Section 66001 and any allocations pursuant to subdivision (f) of Section 66001.
-None
Item #5.3.

17 F. Affordable Housing
Fee Findings Requirement

1. Identify the purpose to which the fee is to be put
-AB 1600 development fees cover new development’s share of the costs associated with construction and preservation of affordable to very low-, low- and moderate-income households.

2. Demonstrate a reasonable relationship between the fee and the purpose for which it is charged.
-The in-lieu Affordable Housing fee is imposed on new development to mitigate the impact the new development will have on available affordable housing within the City of Calistoga. The impacts are measured by either (1) the number of affordable units required by the Municipal Code and number of affordable units provided by the developer for residential projects or (2) the square footage of the development.

3. Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements.

4. Designate the approximate dates on which the funding is expected to be deposited into the appropriate account or fund.
- See Picture M in # 3 directly above under Fee Findings Requirement.

Capacity fees from Sewer Fund #13 will be used as a credit for the $502,731.

Item #5.3.

18 Fee Details Requirement

1. A brief description of the type of fee in the account or fund. -AB 1600 development fees cover new development’s share of the costs associated with construction and preservation of affordable to very low-, low- and moderate-income households.

2. The amount of the fee.

3. The beginning and ending balance of the account or fund.

4. The amount of the fees collected and the interest earned. -See Picture N in #3 directly above.

5. An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees.
-None in FY 23-24.

6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to Tourist accommodation $1,897.17/guest
CMC 17.08.050 Office $2.85/square foot
Resolution 2014-110 Industrial $2.09/square foot
Fee / Authority Amount
Affordable Housing Linkage Fee Retail Restaurant $4.11/square foot $4.11/square foot
Item #5.3.

19 complete financing on an incomplete public improvement and the public improvement remains incomplete.
-See Picture M in #3 above under Fee Findings Requirement. The amount of $93,145 balance of funds to be allocated to future project as a loan once enough funds are available.

7. A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan.
-No interfund transfer in or out, no loans made in FY 23-24 (see #5 above)

8. The amount of refunds made pursuant to subdivision (e) of Section 66001 and any allocations pursuant to subdivision (f) of Section 66001.
-None
Item #5.3.

20 G. Cultural/Recreational
Fee Findings Requirement

1. Identify the purpose to which the fee is to be put
-AB 1600 development fees are designed to cover the costs associated with new parks and recreation facilities required to serve future growth in Calistoga.

2. Demonstrate a reasonable relationship between the fee and the purpose for which it is charged.
-The Cultural/Recreational Development Impact fee is imposed on new development to mitigate the impacts the new development will have on the need for parkland and recreational facilities in the City of Calistoga. The impacts are measured by either the number of units or square footage depending on the development. New development means an increased usage of local parks and recreation facilities.

3. Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements.
-None as Fund 77 Culture / Recreational has $0 fund balance as of June 30, 2024,

4. Designate the approximate dates on which the funding is expected to be deposited into the appropriate account or fund.
-None as Fund 77 Culture / Recreational has $0 fund balance as of June 30, 2024.

Fee Details Requirement

1. A brief description of the type of fee in the account or fund. -AB 1600 development fees are designed to cover the costs associated with new parks and recreation facilities required to serve future growth in Calistoga.

2. The amount of the fee.

Item #5.3.

21 3. The beginning and ending balance of the account or fund.

4. The amount of the fees collected and the interest earned. - See Picture P directly above in #3.

5. An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees.

6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete.
-None as Fund 77 Culture / Recreational has $0 fund balance as of June 30, 2024; Item #5.3.

22 7. A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan.
-See Picture Q in #5 directly above.
-The Cultural / Recreational fee will be used to fund the recreational park trail.

8. The amount of refunds made pursuant to subdivision (e) of Section 66001 and any allocations pursuant to subdivision (f) of Section 66001.
-None
Item #5.3.

23 H. Traffic Signal
Fee Findings Requirement

1. Identify the purpose to which the fee is to be put
-AB 1600 development fees will cover future signal and intersection improvements. This fee is no longer collected separately, and the identified signal improvements have been incorporated into the Transportation Fee. Funds collected under this impact fee will be used to facilitate the construction of the traffic signal at the intersection of Foothill Boulevard and Petrified Forest Road. Once the fees collected have been expended this impact fee account will be closed.

2. Demonstrate a reasonable relationship between the fee and the purpose for which it is charged.
-The Traffic Signal Impact Fee is imposed on new development to mitigate the impacts to new development will have on street intersection infrastructure in the City of Calistoga.

New development leads to more use of the city streets, requiring the City to further develop intersections to enhance safety for motorists, bicyclists and pedestrians.

3. Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements.

4. Designate the approximate dates on which the funding is expected to be deposited into the appropriate account or fund.
-See Picture R in # 3 directly above.

Fee Details Requirement

1. A brief description of the type of fee in the account or fund. -AB 1600 development fees will cover future signal and intersection improvements. This fee is no longer collected separately, and the identified signal improvements have been incorporated into the Transportation Fee. Funds collected under this impact fee will be used to facilitate the construction of the traffic signal at the intersection of Foothill Boulevard and Petrified Forest Road. Once the fees collected have been expended this impact fee account will be closed.

Item #5.3.

24 2. The amount of the fee.

3. The beginning and ending balance of the account or fund.

4. The amount of the fees collected and the interest earned. -$0 see information directly above in Picture S

5. An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees.

6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete.
-See Picture R in # 3 above under Fee Findings Requirement.

The $179,100 is allocated to future project once enogh funding is available to start.

Fund 90
Picture S Traffic
Signal
Description Amount
Beginning Fund Balance: 179,100$
-Fees Collected (Unaudited) $ -
-Interest Earnings (Unaudited) $ -
-Capital Improvement Program (Unaudited) $ -
-Utilities Capital Improvement $ -
-Transfer In (Unaudited) $ -
-Transfer Out (Unaudited) $ -
Ending Fund Balance: 179,100$
Picture T # of
Fund 90 - Traffic Signal Total YTD Total Expenditure
Expenditure Impact Funded with
Account # Project Name (All Sources) Fees Used Fee
None None None None None
Item #5.3.

25 7. A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan.
-No interfund transfer in or out and no loans made in FY 23-24.

8. The amount of refunds made pursuant to subdivision (e) of Section 66001 and any allocations pursuant to subdivision (f) of Section 66001.
-None
Item #5.3.

26 I. Northwest Drainage

Fee Findings Requirement

1. Identify the purpose to which the fee is to be put
-AB 1600 development fees are used to fund the design and construction of drainage infrastructure improvements to mitigate the impact of new development.

2. Demonstrate a reasonable relationship between the fee and the purpose for which it is charged.
-The Northwest Drainage Impact fee is imposed on new development to mitigate the impacts the new development will have on storm drain infrastructure in the City of Calistoga.

3. Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements.

4. Designate the approximate dates on which the funding is expected to be deposited into the appropriate account or fund.
-See Picture U in #3 directly above.

Fee Details Requirement

1. A brief description of the type of fee in the account or fund. -AB 1600 development fees are used to fund the design and construction of drainage infrastructure improvements to mitigate the impact of new development.

2. The amount of the fee.

Picture U
Fund 94 Northwest Drainage Estimated Date of Project
Total Funds Estimated Date of Commencement
Project Funding Sources Required Funds Deposit (if applicable) #9 Drainage
Improveme
nts $ 400,000
FY 24-25 to FY 26-
27 Ongoing
-Fund 94 - Norhtwest
Drainage $ 3,316
-Fund 01 - General
Fund $ 396,684
Item #5.3.

27 3. The beginning and ending balance of the account or fund.

4. The amount of the fees collected and the interest earned. -$0 see information directly above in Picture V.

5. An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees.

6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete.
-See Picture U in # 3 above under Fee Findings Requirement The $3,316 is allocated to future project once enogh funding is available to start.

7. A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan.
-No interfund transfer in or out, no loans made in FY 23-24.

8. The amount of refunds made pursuant to subdivision (e) of Section 66001 and any allocations pursuant to subdivision (f) of Section 66001.
-None
Fund 94
Picture V Northwest
Drainage
Description Amount
Beginning Fund Balance: $ 3,316
-Fees Collected (Unaudited) $ -
-Interest Earnings (Unaudited) $ -
-Capital Improvement Program (Unaudited) $ -
-Utilities Capital Improvement $ -
-Transfer In (Unaudited) $ -
-Transfer Out (Unaudited) $ -
Ending Fund Balance: $ 3,316
Picture W # of
Fund 94 Northwest Drainage Total YTD Total Expenditure
Expenditure Impact Funded with
Account # Project Name (All Sources) Fees Used Fee
None None None None None
Item #5.3.

28 J. Water Capacity Charge
Fee Findings Requirement

1. Identify the purpose to which the fee is to be put
-Water Capacity AB 1600 development fees are used to fund the design and construction of water supply, water treatment and distribution system infrastructure improvements to cover costs associated with new development.

2. Demonstrate a reasonable relationship between the fee and the purpose for which it is charged.
-The Water Capacity Charge is imposed on new development to mitigate the impacts the new development and increase use of water utilities will have on water infrastructure in the City of Calistoga. The impacts are measured by each new connection or expanded use of an existing connection for the new development.

3. Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements.

4. Designate the approximate dates on which the funding is expected to be deposited into the appropriate account or fund.
-See Picture X in # 3 directly above.

Fee Details Requirement

1. A brief description of the type of fee in the account or fund. -Water Capacity AB 1600 development fees are used to fund the design and construction of water supply, water treatment and distribution system infrastructure improvements to cover costs associated with new development.

Item #5.3.

29 2. The amount of the fee.

Water Service Connection Fee
CMC 13.18.020 (F)
$48,192 per annual acre foot of
water usei ii
Fee / Authority Amount
Commercial – Retail, office, personal service – per 1000 sq. ft. of fl

0.170 152
Transient lodging – Hotel, motel, resort, B&B – per living or rental it
Accessory dwelling unit 0.165 147
Mobile home 0.149 133
3 bedrooms 0.373 ------
1 bedroom
2 bedrooms
.124
.249
------
------
Apartment, condominium
4 bedrooms3 0.540 482
1 - 3 bedrooms 0.428 382
Single-family dwelling2
Gallons per
day
Residential
Use Type
Water
Acre feet per year
Item #5.3.

30 3. The beginning and ending balance of the account or fund.

4. The amount of the fees collected and the interest earned. -See Picture Y in #3 directly above.

5. An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees.
1 The Department of Public Works may reduce the expected demand upon approval of an engineered water study demonstrating/ quantifying the site-specific water usage. 2 The adoption of Resolution No. 2017-083 amending the Standardized Use Table is not intended to affect the number of bedrooms purchased through the now-defunct Leak Detection Program.

All projects that purchased leak detection water shall only be vested for the original number of bedrooms purchased.
3 Each additional bedroom, add 100 gallons of water and 85 gallons of wastewater per day. i Actual consumption or discharge by land use type is based on rates established in RMS Standardized Use Table (Resolution No. 2015-029)
ii Based upon the cost per annual acre foot and the RMS Standardized Use Table.

Example fees below.
1- 3bedroomsingle-familyresidence: wastewater connection fee of $29,857.63, water connection fee of $19,539.48
2bedroommulti-familyresidence: wastewater connection fee of $19,460.78, water connection fee of $11,367.60
Accessorydwellingunitconstructedsimultaneouslywithsinglefamily dwelling: wastewater connection fee of $19,460.78, water connection fee of $7 532 75

0.580 518 0.524
Restaurant - per 1000 square feet of gross floor area

0.220 196 0.198
Bar – per 1000 square feet of gross floor area Item #5.3.

31 6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete.
-See Picture X in # 3 above under Fee Findings Requirement.

7. A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan.
-Please see Picture Z in # 5 above for debt payments on loan for construction and other improvements to expand the City’s water system. The loans are scheduled to be paid by July 1, 2051 with an annual interest rate of 2.5% and October 2044, with an interest rate of 2.875% to 5%.

8. The amount of refunds made pursuant to subdivision (e) of Section 66001 and any allocations pursuant to subdivision (f) of Section 66001.
-None

9. Public Improvement projects competed during the past fiscal year. -Please see Picture Z in # 5
Item #5.3.

32 K. Wastewater Capacity
Fee Findings Requirement

1. Identify the purpose to which the fee is to be put
-Wastewater Capacity development fees are used to fund the design and construction of wastewater treatment, collection and disposal infrastructure improvements to cover costs associated with new development.

2. Demonstrate a reasonable relationship between the fee and the purpose for which it is charged.
-The Wastewater Capacity Charge is imposed on new development to mitigate the impacts the new development and increase use of water utilities will have on water infrastructure in the City of Calistoga. The impacts are measured by each new connection or expanded use of an existing connection for the new development.

3. Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements.

4. Designate the approximate dates on which the funding is expected to be deposited into the appropriate account or fund.
-See Picture A-1 in #3 directly above.

Fee Details Requirement

1. A brief description of the type of fee in the account or fund. -Wastewater Capacity development fees are used to fund the design and construction of wastewater treatment, collection and disposal infrastructure improvements to cover costs associated with new development.

2. The amount of the fee.

Item #5.3.

33 Fee / Authority Amount
Wastewater Service Connection Fee
CMC 13.18.030 (C)
$140,705 per annual acre foot of
wastewater use 5 6
Commercial – Retail, office, personal service – per 1000 sq. ft. of fl 0.099 88
Transient lodging – Hotel, motel, resort, B&B – per living or rental it 0.150 134
Accessory dwelling unit 0.146 130
Mobile home 0.125 112
3 bedrooms 0.220 ------
1 bedroom
2 bedrooms
.073
.146
------
------
Apartment, condominium
4 bedrooms3 0.319 285
1 - 3 bedrooms 0.224 200
Residential
Single-family dwelling2
Use Type
Wastewater
Acre feet per
year
Gallons per day
Item #5.3.

34 3. The beginning and ending balance of the account or fund.

4. The amount of the fees collected and the interest earned. -See Picture B-1 in #3 directly above.

5. An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees.
1 The Department of Public Works may reduce the expected demand upon approval of an engineered water study demonstrating/ quantifying the site-specific water usage. 2 The adoption of Resolution No. 2017-083 amending the Standardized Use Table is not intended to affect the number of bedrooms purchased through the now-defunct Leak Detection Program.

All projects that purchased leak detection water shall only be vested for the original number of bedrooms purchased.
3 Each additional bedroom, add 100 gallons of water and 85 gallons of wastewater per day. i Actual consumption or discharge by land use type is based on rates established in RMS Standardized Use Table (Resolution No. 2015-029)
ii Based upon the cost per annual acre foot and the RMS Standardized Use Table.

Example fees below.
1- 3bedroomsingle-familyresidence: wastewater connection fee of $29,857.63, water connection fee of $19,539.48
2bedroommulti-familyresidence: wastewater connection fee of $19,460.78, water connection fee of $11,367.60
Accessorydwellingunitconstructedsimultaneouslywithsinglefamily dwelling: wastewater connection fee of $19,460.78, water connection fee of $7 532 75

0.580 518 0.524
Restaurant - per 1000 square feet of gross floor area

0.220 196 0.198
Bar – per 1000 square feet of gross floor area Item #5.3.

35 6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete.
-See Picture A-1 in #3 above under Fee Findings Requirement.

7. A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan.
-Please see Picture C-1 in # 5 for design and construction costs to expand and improve the City’s wastewater enterprise. Loans are scheduled to be paid by October 2044, with an annual interest rate from 2.875% to 5%.

8. The amount of refunds made pursuant to subdivision (e) of Section 66001 and any allocations pursuant to subdivision (f) of Section 66001.
-None

9. Public Improvement projects competed during the past fiscal year. -Please see Picture C-1 in # 5 above.

Item #5.3.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Yudiana Galvan, City of Calistoga | City Clerk
Meeting: City Council - Dec 03 2024
Subject: Adoption of Minutes
AGENDA TITLE:

Adopting the minutes of October 22, 2024 and November 12th and 19th, 2024.

RECOMMENDATION:

Consider Adopting the Minutes
ANALYSIS:

Adopting the minutes of October 22, 2024 and November 12th and 19th, 2024.

FINANCIAL IMPACT:

No Impact
CEQA STATUS:

No Impact
ATTACHMENT(S):

10.22.24 Minutes

11.12.24 Minutes

11.19.24 Minutes
APPROVAL(S):

Laura Snideman, City of Calistoga | City Manager Approved - Nov 30 2024 Yudiana Galvan, City of Calistoga | City Clerk Approved - Nov 30 2024 Item #5.4.

MINUTES

CALISTOGA CITY COUNCIL

REGULAR MEETING
Tuesday, October 22, 2024 - 6:00 PM
1307 Washington Street, Calistoga CA 94515

1. Call to Order/Roll Call/Pledge of Allegiance and Optional Patriotic Activity Mayor Williams called the regular session to order at 6:01 p.m.

Present: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift

Absent:

2. ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS Public comment was made by Douglas Allen, Tom O'Neil, Unknown Resident, Brian Maloney, Kiwi, Wyatt Ferris, Aaron Wycoff, Tom Johnson and Julie Garcia.

3. CITY MANAGER’S REPORT
City Manager Snideman recognized Fairgrounds Revitalization Director Wright and approximately 220 people for coming out to a successful Fairgrounds Cleanup day. During upcoming meetings, Council will be able to discuss in what manner they want to receive citizen feedback. She reminded citizens of the upcoming recycling events at the Fairgrounds.

Snideman announced that at the end of this week, the Clerk will begin taking applications for various boards and commissions and that applications are available online. She noted City Hall is entered in a Halloween decoration contest and you may recognize the decorations from Halloween Town.

Councilmember Gift asked about any future plans for a Fairgrounds town hall meeting.

Snideman stated that the city council can discuss all ideas about communit feedback is scheduled for an upcoming meeting. Vice Mayor Lopez-Ortega inquired about the DUI checkpoint in town. Snideman advised it was funded by a grant received by the PD.

4. PROCLAMATIONS/PRESENTATIONS/ AWARDS

4.1. Proclamation - Recognizing Dora Manderfeld's 100th Birthday.

4.2. Presentation - UpValley Family Center Annual Report by Jenny Ocon

5. CONSENT CALENDAR
A motion was made by Councilmember Eisenberg to adopt the Consent Calendar as presented except for item 5.7 which was pulled for discussion, seconded by Councilmember Cooper.

AYES: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Item #5.4.

Eisenberg, Cooper Gift
NOES:

ABSENT:

ABSTAIN:

5.1. Approved - the Minutes of October 1, 2024

5.2. Resolution No. 2024-78 - Awarding a P.O. for Telstar Instruments to install VFDs on two Blowers at the Dunaweal Wastewater Plant.

5.3. Approved - Consider approving the closeout of Community Development Block Grant (CDBG) CARES Act 20-CDBG-CV2-3-00349, Utility Assistance Program

5.4. Adoption of Ordinance No. 772 - Amending Chapter 5.08 of the City of Calistoga Municipal Code regarding bingo to reflect the full authority granted by the State of California Legislature.

5.5. Adoption of Resolution No. 2024-80 - Approving the purchase of a Police Phone Recorder.

5.6. Adoption of Resolution No. 2024-81 - Adopting a Tobacco Retail License Fee

5.7. Adoption of Resolution No. 2024-82 - Approving the purchase a new Type 1 fire engine and a budget adjustment to utilize a loan from General Fund Reserves to finance the purchase.

This item was pulled for discussion by Mayor Williams and presented by Fire Chief Jed Matcham.

The Council asked clarifying questions, there was no public comment.

A motion was made by Mayor Williams to adopt the resolution, seconded by Councilmember Gift.

AYES: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift
NOES:

ABSENT:

ABSTAIN:

6. PUBLIC HEARING - NONE
Item #5.4.

7. GENERAL GOVERNMENT

7.1. Green Committee Recommendations on the Napa County RCAAP Draft Document.

This item was presented by Planning Permit Tech Antoinette Freeman and Antoinette Maillard from Green Committee. The Council discussed and there was no public comment.

A motion was made by Councilmember Eisenberg to approve the recommendations with the addition of "within state law" in the recommendations, seconded by Councilmember Gift.

AYES: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift
NOES:

ABSENT:

ABSTAIN:

7.2. Adoption of Resolution No. 2024-79 - Professional Services Bureau Veritas Agreement Amendment and Approving an Amendment to the Personnel and Staffing Listing Adding Building Official and Associated Salary Schedule.

This item was presented by Planning Director Greg Desmond. The Council discussed and asked clarifying questions. There was public comment by Wyatt Ferris.

A motion was made by Mayor Williams to adopt the resolution, seconded by Vice Mayor Lopez-Ortega.

AYES: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift
NOES:

ABSENT:

ABSTAIN:

8. COUNCIL REPORTS
Councilmember Cooper attended an Upper Valley Waste Management meeting. He confirmed that Cloverflat landfill will be closing and UVWM will be using a landfill in Solano County with no extra charge to customers.

Councilmember Gift attended the Cal-Cities annual conference and learned so much, Item #5.4.

thanks to the taxpayers for making it possible. She also attended the Fairgrounds clean-up day and is very excited to keep working with everyone and hear what the community wants to do with the property going forward. Councilmember Gift attended the Library anniversary event, a Climate Action Committee meeting and a Housing Advisory Committee. She noted that a Burbank Housing request will be coming to Council soon regarding deed restricting 1405 Cedar for affordable housing. Also, there was a full accounting of the Measure D funds and affordable housing funds on the previous Housing Advisory agenda and invited Council to look at that for the prior requested information. Gift urged Council to pay more attention into the Mapping by PG&E regarding Mora and why the high fire zone designation, as it will affect residents' insurance rates and the map does not align with the HFRA or FRAP maps.

Gift asked citizens to participate in the meeting when the 2025 Meeting Schedule will be discussed.

Councilmember Eisenberg attended NVTA which is in the process of selecting a new executive director. He attended the Fairgrounds clean-up day and the Fire Department open house and was impressed with the new model Jaws of Life. He also attended the Library anniversary event.

Vice Mayor Lopez-Ortega attended the site visit of The Grounds and thanked staff for making the arrangements so Council could see the possibilities. She also attended the CalCities Annual Conference and represented the City as a voting delegate. Lopez-Ortega attended the Fairgrounds clean-up day briefly and the Flood Control and Water Conservation meeting. She asked the Mayor to consider adjourning the meeting in memory of Mr. Onorato from Congressman Thompson's office.

Mayor Williams attended a Transit Authority meeting and learned that in the last quarter, there were 500 daily riders and 44 riders a day on the Shuttle in town. Also, Calistoga will be receiving 2 more shuttles soon. He also attended an NCLOG meeting and a NVTID meeting.

9. ADJOURNMENT
Mayor Williams adjourned the meeting, at 7:54 p.m. in memory of Brad Onorato, Congressman Thompson's Office Deputy Chief of Staff.

Respectfully Submitted:

Prepared by: Approved by:
_______________________ _____________________
Yudiana Galvan, City Clerk Donald Williams, Mayor
Item #5.4.

MINUTES

CALISTOGA CITY COUNCIL

REGULAR MEETING
Tuesday, November 12, 2024 - 6:00 PM
1307 Washington Street, Calistoga CA 94515

1. Call to Order/Roll Call/Pledge of Allegiance and Optional Patriotic Activity Mayor Williams called the regular session to order at 6:02 p.m.

Present: Mayor Williams, Vice Mayor Lopez-Ortega and
Councilmember Eisenberg, Cooper and Gift

Absent:

2. ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS Public comment was made by Clark Mishler, Tommy Hunt and John Gleazer.

3. CITY MANAGER’S REPORT
City Manager Snideman reported that the CHP accident investigation is complete. CHP concluded that there was no identifiable primary collision factor or any traffic violations by the Officer. She expressed that this is a very tragic accident, and her thoughts and prayers are with all parties involved. Interim Police Chief Allio will be conducting an internal investigation into the accident which will take around 30 days to complete. Also, the police department has received a $65k grant to put towards materials and staffing costs for Traffic Enforcement. This weekend there will be additional sewer line work on Lincoln Ave, and Stevenson. Vice Mayor Lopez -Ortega requested translation be arranged for the Fairgrounds meeting on the 19th and asked to continue to receive CalPers statements.

4. PROCLAMATIONS/PRESENTATIONS/ AWARDS

4.1. Presentation - Updating the City Council on the Capital Improvement Program Schedule Tracking for FY24/25. Presented by Public Works Director Derek Rayner.

5. CONSENT CALENDAR
A motion was made by Councilmember Cooper to adopt the consent calendar except for items 5.2 and 5.4. which were pulled for discussion, seconded by Councilmember Eisenberg.

AYES: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift
NOES:

ABSTAIN:

ABSENT:

Item #5.4.

5.1. Adoption of Resolution No. 2024-83 - Accepting a Notice of Completion for the Emergency Backup Generators Upgrade Project.

5.2. Adoption of Resolution No. 2024-84 - Authorizing the Public Works Director to sign the Fee Credit and Reimbursement Agreement for Lincoln Avenue Apartments MultiUse Pathway Improvements Located at 1855 Lincoln Avenue.

This item was pulled for discussion by Councilmember Gift and presented by Public Works Director Derek Rayner.

Council asked clarifying questions, and there was no public comment.

A motion was made by Mayor Williams to adopt the resolution, seconded by Councilmember Gift.

AYES: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift
NOES:

ABSTAIN:

ABSENT:

5.3. Adoption of Resolution No. 2024-85 - Authorizing a State Water Project Carryover Water Transfer.

5.4. Adoption of Resolution No. 2024-86 - Authorizing the City Manager to execute a contract with Tyler Technologies (Tyler) to purchase and implement ERP Pro 10.

This item was pulled for discussion by Councilmember Gift and presented by Deputy City Manager Rachel Stepp.

Council asked clarifying questions, and there was no public comment.

A motion was made by Councilmember Gift to adopt the resolution, seconded by Vice Mayor Lopez-Ortega.

AYES: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift
NOES:

ABSTAIN:

Item #5.4.

ABSENT:

5.5. Adoption of Resolution No. 2024-87 - Approving a request from the Calistoga Joint Unified School District to Modify the Fees Charged for the Use of the Pool by the Calistoga High swim team.

5.6. Adoption of Resolution No. 2024-88 - Authorizing an agreement with Napa County for the City of Calistoga to provide fire first responder services in a portion of unincorporated Napa County.

6. PUBLIC HEARING - NONE

7. GENERAL GOVERNMENT

7.1. ITEM WAS CONTINUED - Consider Granting Consent to the County of Napa to Renew the Napa Valley Tourism Improvement District (NVTID) and Include the City of Calistoga in the Renewed NVTID.

This item was presented by Lindsey Gallagher of NVTID and Assistant City Manager Mitch Celaya.

Public comment was made by Ed Costa, Pat Merchant, Steve Patel and Eric Reichert.

Council asked clarifying questions and discussed the item.

A motion was made by Councilmember Eisenberg to table the item for now and discuss it further at another meeting, seconded by Councilmember Gift.

VIA ROLL CALL
AYES: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift
NOES:

ABSTAIN:

ABSENT:

7.2. APPROVED - Request for a 10-year loan of $400k from the City of Calistoga’s Affordable Housing Fund to assist with the purchase and conversion of 4 market rate rental units to regulated affordable units located at 1405 Cedar Street.

Mayor Williams recused himself due to possible conflict.

This item was presented by Planning Director Greg Desmond and Terrance Mulligan there was no public comment.

A motion was made by Councilmember Gift to approve the loan request, seconded by Item #5.4.

Councilmember Eisenberg.

AYES: Vice Mayor Lopez-Ortega and Councilmembers
Eisenberg, Cooper and Gift
NOES:

ABSTAIN: Mayor Williams
ABSENT:

7.3. APPROVED - Economic & Planning Systems, Inc. will present a draft of the Development Impact Fee Study for Fire, Police, Culture/Recreation, City and Administration Impact Fees for City Council discussion.

This item was presented by Planning Director Greg Desmond and Megan Gregory of EPS.

Council discussed the item and asked clarifying questions about any possibility for the fee exemption of deed-restricted/affordable housing projects.

There was public comment by Wyatt Farris and Charlotte Williams.

Council is in agreement with the new fees and requests that after they are adopted, Staff explore the possibility of offering some relief to deed-restricted projects on a case by case basis by paying fees from the affordable housing fund.

8. COUNCIL REPORTS
Councilmember Cooper attended the CERT classes along with 12-14 other community members who are looking to join the CERT team and learned valuable skills that he is hoping to never have to use.

Councilmember Gift announced that thanks to Celebrate Napa, with the support of Indian Springs, we will be having an ice-skating rink during this Christmas Faire. Volunteers needed!
Vice Mayor Lopez-Ortega attended the Community Conversation meeting with City Staff and Bicycle Coalition, Brannan Center and Family Center.

Mayor Williams and Councilmember Eisenberg attended a NVTA closed session meeting.

9. ADJOURNMENT
Mayor Williams adjourned the meeting, at 8:38 p.m.

Respectfully Submitted
Prepared by: Approved By:

Item #5.4.

Yudiana Galvan, City
Clerk Donald Williams, Mayor
Item #5.4.

MINUTES

CALISTOGA CITY COUNCIL

SPECIAL WORKSHOP
Tuesday, November 19, 2024 - 6:00 PM
A. CALL TO ORDER – ROLL CALL
Mayor Williams called the regular session to order at 6:01 p.m.

Present: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift

Absent:

B. ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS Public comment was made by Ms. Tedeschi, Steven Pinsky, Kim, Wyatt Ferris, Molly, Charlie Sakai, Buster Davis, Sally Hal, Maryanne Salinger, Luis, Bill Squire, Doug Hitt, Kyle Villa, Anna Guzman and various others who did not state their name.

C. GENERAL GOVERNMENT

1. City Council Priority #3C Regarding Community Input on the Fairgrounds.

This item was presented by Fairgrounds Revitalization Director Sheli Wright and discussed by the Council.

Public comment was made by Dana Cole, Ruth Rodriguez, Ms. Bautista, Mr. Robles, Wyatt Ferris, Maryanne, Brian Maloney, Mr. Kirkendell, Maryanne Salinger, Francis Tedeschi, Doug Allen, Charlotte Williams, Donna Higgins, Tim Reilly, Marcia Beecham, Rob Serini, Lana Richardson, Aaron W. Lorie P.

A motion was made by Councilmember Eisenberg directing staff to obtain a statistically valid survey as quickly as possible to help Council make the most informed decision, not to exclude any other method of obtaining information, seconded by Councilmember Cooper.

VIA ROLL CALL
AYES: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift
NOES:

ABSENT:

ABSTAIN:

A motion was made by Councilmember Gift directing staff to work on additional input as described in #5 and #7 in the staff report for a suggestion box and board and to work with local volunteers to set up input tables. Seconded by Vice Mayor LopezOrtega.

Item #5.4.

VIA ROLL CALL
AYES: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift
NOES:

ABSENT:

ABSTAIN:

2. Fairgrounds Rental Fee Schedule and Fairgrounds Rental Fee Waiver This item was presented by Fairgrounds Revitalization Director Sheli Wright and discussed by Council.

Public Comment was made by Dana Cole and Dom Tallerico.

A motion was made by Mayor Williams to adopt the Fee Schedule, seconded by Vice Mayor Lopez-Ortega.

VIA ROLL CALL
AYES: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift
NOES:

ABSENT:

ABSTAIN:

3. Fairgrounds RV Park - Repairs, Staffing, and Additional Discussion Topics Related to Reopening.

This item was presented by Fairgrounds RevitalizationDirector Sheli Wright and discussed by the Council.

Public comment was made by Dom Tallerico, Maryanne Salinger, Charlotte Williams, Doug Allen, Mr. Reilly, Lauren, Wyatt Ferris, Cindy Yant, Mr. Serini, Zach A. and Tim Moore.

A motion was made by Mayor Williams to move forward with option A to open the RV Park, with the addition of a rental time limit of 14 nights max and 7 days between reservations per renter, seconded by Councilmember Cooper.

VIA ROLL CALL
AYES: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift
NOES:

ABSENT:

ABSTAIN:

Item #5.4.

4. Calistoga Speedway - Necessary Repairs and Use of the Race Track This item was presented by Fairgrounds Revitalilzation Director Sheli Wright and discussed by Council
Public comment was made by Dom Tallerico, Ken Flynn, Robert Ziski, Zach A., Maryanne, Doug Allen, Cindy Yant, Lauren, Wyatt Ferris, Scott Atkinson, Emily Panovich, Brian Mahoney, Kyle Villa, Charlotte Williams, Viri Agapoff, Tony Barrera and Mike Griffin.

A motion was made by Mayor Williams directing staff to pursue a contract with HMC promotions for races starting in 2025, a short of term as possible, non-exclusive use of the speedway, and including speedway repairs, a curfew, and a limited number of race weekends. Seconded by Councilmember Gift.

VIA ROLL CALL
AYES: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift
NOES:

ABSENT:

ABSTAIN:

5. Consideration of a Resolution Awarding a Contract to Modern Method Roofing Co., Inc. in the amount of $129,027 for roof replacement for the Butler Building and authorizing the City Manager to execute the contract.

This item was presented by Fairgrounds Revitalization Director Sheli Wright and discussed by Council.

Public comment was made by Ms. Butler, Cindy Yant and Wyatt Ferris.

A motion was made by Councilmember Gift to award the contract with a 10% contingency and the use of Fund 10 (as opposed to the General Fund), seconded by Vice Mayor Lopez-Ortega.

VIA ROLL CALL
AYES: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift
NOES:

ABSENT:

ABSTAIN:

D. ADJOURNMENT
Item #5.4.

Mayor Williams adjourned the meeting, at 10:46 p.m.

Respectfully Submitted
Prepared by: Approved by:

Yudiana Galvan, City Clerk Donald Williams, Mayor
Item #5.4.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Greg Desmond, City of Calistoga | Planning & Building Director Meeting: City Council - Dec 03 2024
Subject: Street and Mobile Food Vending Draft Ordinance AGENDA TITLE:

Ordinance amending Calistoga Municipal Code sections regulating peddling, soliciting, street vending, and mobile food vending
RECOMMENDATION:

Consider Discussing the Item and Providing Staff Direction SUMMARY:

City staff have received numerous questions about non-motorized mobile food venders ("push carts") including about their compliance with our foodware ordinance. In researching the answers, it came to light that prior local control was removed when the "food-truck ordinance" was established.

California State law necessitates a comprehensive program in order to mandate compliance with al local ordinances for all mobile food vendors.

Staff is seeking feedback on the draft ordinance after which we will return for a formal first and second reading.

ANALYSIS:

Although the City has recently adopted and amended Chapter 5.12 Mobile Food Vendors, this existing Ordinance does not include provisions to implement a comprehensive street and mobile food vending program. Specifically, the existing ordinance does not include provisions for vendors other than food trucks. Additionally, certain sections of Chapter 5.12 are in conflict with provisions outlined in SB 946 and SB 972.

This proposed Ordinance establishes a comprehensive permitting and administrative program for peddling, soliciting, street vending, and mobile food vending, which is consistent with state law, including updates to the existing Mobile Food Vendors provisions.

The proposed Ordinance will allow the City to:
 Apply all city codes, including those in the foodware ordinance, to all mobil vendors;  Promote entrepreneurship, economic vitality, and pedestrian engagement;  Support immigrant and low-income communities;
 Regulate peddling, soliciting, and vending activities through proper administration and enforcement;
 Ensure cost recovery for administration and enforcement of the street and mobile vending program;
Item #6.1.

 Work in conjunction with the Napa County Department of Environmental Health and other local agencies to prevent safety, traffic, and health hazards and protect the public’s safety and welfare;
 Preserve peace, safety, and welfare of the community and quiet enjoyment of residential neighborhoods; and
 Provide education, outreach materials, and adequate complaint response for the public.

FINANCIAL IMPACT:
 Funding for existing enforcement efforts and the processing of this code amendment are included in the FY 2024/25 General Fund Budget.
 The City anticipates slight cost recovery for establishing the program due to the requirement that all peddlers, solicitors, street vendors, and mobile food vendors must obtain both a permit and a business license.

CEQA STATUS:

The adoption of this ordinance is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the adoption of this Ordinance in question may have a significant effect on the environment.

ATTACHMENT(S):

CMC CHAPTER 5.10 STREET AND MOBILE FOOD VENDING - Proposed Senate Bill No. 972
Senate Bill No. 946
APPROVAL(S):

Greg Desmond, City of Calistoga | Planning & Building Director Approved - Nov 25 2024 Connie Cardenas, Admin. Services Director Approved - Nov 25 2024 Laura Snideman, City of Calistoga | City Manager Approved - Nov 25 2024 Yudiana Galvan, City of Calistoga | City Clerk Approved - Nov 25 2024 Item #6.1.

1 Chapter 5.10

STREET AND MOBILE FOOD VENDING
Article 1. General Provisions

5.10.010 Purpose.

The purpose of this chapter is to establish a permitting and administrative program for peddling, soliciting, street vending, and mobile food vending that is consistent with Senate Bill 946 (Chapter 459, Statutes 2018) and Senate Bill 972 (Chapter 489, Statutes 2022). The provisions of this chapter allow the City to facilitate peddling, soliciting, and vending activities through proper administration while also protecting the public’s health, safety, and welfare.

5.10.020 Definitions.

For the purpose of this chapter, certain words and phrases shall be construed as herein set forth below:
“Commercial zone” means any area zoned exclusively as commercial in Title 17 CMC Zoning. “Compact mobile food operation” means a mobile food facility that operates from a mobile unit, or from one’s person.
“Enforcement agency” means the City, county, or department thereof authorized and charged to enforce the provisions of this chapter and any State laws relating to street and mobile food vending.
“Enforcement officer” means any officer or employee designated by the City Manager to enforce this code.
“Food” shall have the same meaning as the most current version of California Health and Safety Code Section 113781 and means a raw, cooked, or processed edible substance, ice, beverage, an ingredient used or intended for use or for sale in whole or in part for human consumption, and chewing gum.
“Food preparation” shall have the same meaning as the most current version of California Health and Safety Code Section 113791 and means packaging, processing, assembling, portioning, or any operation that changes the form, flavor, or consistency of food but does not include trimming of produce.
“Goods,” “wares,” or “merchandise” mean any tangible item or personal property offered for sale that is not food or beverages.
“Health permit” means any and all permits necessary to vend food or beverages required by the Napa County Department of Environmental Health, California state law, or other applicable ordinances.
“Hearing officer” means a person appointed by the City Manager, or their designee, in compliance with any and all applicable legal requirements, to serve as the hearing officer for administrative citation hearings.
“Limited food preparation” shall have the same meaning as the most current version of California Health and Safety Code Section 113818.

Item #6.1.

2 “Mobile food facility” means any mobile unit or mobile food vending vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail. “Mobile food facility” does not include a “transporter” used to transport packaged food from a food facility, or other approved source to the consumer.
“Mobile food vending vehicle” is a type of mobile food facility that includes any vehicle licensed by the California Department of Motor Vehicles (DMV) and designed and equipped for preparing, cooking, and vending food. Food trucks and trailers are considered mobile food vending vehicles. “Mobile food vendor” is a type of vendor who is an owner or operator of a mobile food vending vehicle.
“Mobile unit” means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance used for the purpose of vending. “Peddler” is a type of vendor who goes upon the premises of any private residence in the City selling and making immediate delivery, or offering for sale and immediate delivery, any goods, wares, merchandise, or anything of value, in possession of the peddler, to persons other than manufacturers, wholesalers, jobbers or retailers in such commodities. “Permit” shall mean any written authorization required pursuant to this chapter. Permit types pursuant to this chapter include peddler permits, solicitor permits, street vendor permits, and mobile food vendor permits, which shall be referred to as such or collectively as “vendor permits.” “Person” means any individual, firm, partnership, joint venture, association, limited liability company, corporation, estate, trust, receiver, syndicate, city, county, or other political subdivision, or any other group or combination.
“Potentially hazardous food” shall have the same meaning as the most current version of California Health and Safety Code Section 113871 and means a food that requires time or temperature control to limit pathogenic micro-organism growth or toxin formation, and includes a food of animal origin that is raw or heat-treated, a food of plant origin that is heat-treated or consists of raw seed sprouts, cut melons, cut tomatoes or mixtures of cut tomatoes. “Prepackaged food” means any properly labeled processed food, prepackaged to prevent any direct human contact with the food product upon distribution from the manufacturer, a food facility, or other approved source.
“Public right-of-way” or “right-of-way” means any public street, public sidewalk, public way, public alley, or public place, laid out or dedicated, and the space on, above or below it, and all extensions thereof, and additions thereto, within the jurisdiction of the City. “Residential zone” means any area zoned exclusively as residential in Title 17 CMC Zoning. “Roaming vendor” means a vendor who moves from place to place and stops only to complete a transaction.
“Solicitor” is a type of vendor who goes upon the premises of any private residence in the City soliciting, taking orders, advertising, canvassing, or making demonstrations for any goods, wares, Item #6.1.

3 merchandise, things or articles of value, donations, or services to be performed at that time or in the future.
“Special event” means an event as defined in Chapter 5.18 CMC Special Events. “Stationary vendor” means a vendor who vends from a fixed location. “Street vendor” is a type of vendor who vends from a mobile unit, or from one’s person, upon the public right-of-way. The term “street vendor” is synonymous with sidewalk vendor. “Vehicle” has the same meaning as in California Vehicle Code Section 670. "Vend, vends, or vending" means to sell, offer for sale, expose, or display for sale, solicit offers to purchase, or to barter goods, wares, merchandise, food, beverages, or services, or to require someone to negotiate, establish or pay a fee before providing goods, wares, merchandise, food, beverages, or services, even if characterized as a donation on public property. “Vendor” means any person who vends within the City.
“Waste” means putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, debris, trash, refuse, paper, rubbish, and food waste, including oil, grease, and food scraps.

5.10.030 Vendor permit required.

A. No person may perform any peddling, soliciting, street vending, and mobile food vending activities in the City, including a public right-of-way or any other street, sidewalk, alley, walkway, or pedestrian path available to the public, without first having obtained a vendor permit pursuant to this chapter.

1. Any vendor permit issued pursuant to this article shall automatically expire, terminate, and be of no further force and effect at 10:00 p.m. on December 31st of each year.

2. Any vendor permit issued pursuant to this article is nontransferable.

3. All persons operating with a vendor permit shall comply with any conditions of approval imposed upon the issuance of the vendor permit by the enforcement agency for the purposes of preserving the public’s health, safety, and welfare.

B. Mobile food vendors operating in the City shall be deemed responsible for ensuring that:

1. Any operator obtains all necessary licenses and permits required for the service of food and beverages;

2. The mobile unit or mobile food vending vehicle is compliant with any applicable motor vehicle laws, and the operator must have the appropriate license classification for operating such a unit or vehicle.

C. For mobile food vendors operating a mobile food vending vehicle, permit issuance shall be limited to three in any calendar year. In the event that more than one mobile food vendor operating a mobile food vending vehicle is interested in a specific vending location, the City will conduct a lottery to select a vendor for the specific location.

5.10.040 Application for a vendor permit.

A. Every person requiring a vendor permit as provided herein shall prepare a written application using forms provided by the City. The contents of the application and the enforcement agency processing the applications are identified within the rules and Item #6.1.

4 regulations adopted pursuant to this chapter and any policies issued by the City Manager.

B. Each applicant shall provide the following information as part of the application process:

1. The applicant's name, date of birth, driver's license or other identification number

2. Names, addresses, and telephone numbers of all persons financially interested in the business;

3. A statement of the type of goods, wares, merchandise, food, beverages, or services to be peddled, solicited, or vended;

4. Description and quantity of vehicles the street or mobile food vendor applicant intends to operate, along with a copy of the current registration of each vehicle;

5. Description and quantity of the mobile units the street or mobile food vendor the applicant intends to operate;

6. The location(s) at which the street or mobile food vendor applicant intends to operate and whether the street or mobile food vendor intends to operate as a stationary or roaming vendor;

7. Intended day(s) and hours of operation at such location(s);

8. A current business license issued by the City;

9. A copy of the health permit as required by this chapter; a. Peddlers, solicitors, and street vendors who do not vend food or beverages are exempt from this requirement.

10. Evidence of general liability and automobile liability insurance in a form and at levels of coverage acceptable to the City;

11. Agreement by the applicant to indemnify and hold harmless the City, City Council and its commissions, agents, officers, officials, employees, and volunteers from any and all damages, liabilities, injuries, losses, costs, and expenses and from any and all damages or injury to persons or property proximately caused by the act or neglect of the applicant’ operation or by hazardous or negligent conditions at the applicant’s operation brought against the City or its agents, officers, officials, employees, or volunteers;

12. Current or previous vending permits issued to the applicant in other cities or counties and the status of those permits;

13. Receipt of fingerprint record filed in the office of the Police Department; and

14. Such further information as the enforcement agency may require.

C. The application shall be accompanied by an application fee for each vehicle, unit, and vendor. If the application is denied, the application fee shall not be returned to the vendor applicant. This non-refundable fee shall cover the actual costs of processing the applications and administering the vendor permit program. The application fee shall be established by City Council Resolution.

D. Upon receipt of a completed application, the enforcement agency shall conduct a review of the application and may issue a vendor permit to the applicant within thirty (30) days of its receipt if the City finds that all of the following conditions have been met:

1. An accurate application has been filed;

2. The required application fee has been paid;

3. The applicant provided fingerprints to the Police Department and remitted the applicable fee;

4. All applicable provisions of this article have been or will be met; and

5. The applicant and all persons listed in subsection (B)(2) of this section have no previous convictions under State law concerning theft, possession of stolen property, the sale of narcotics, or a crime involving moral turpitude.

E. The City may revoke a vendor permit if it is determined and found thereafter that the application was inaccurate, that the vendor permit holder failed to meet requirements of Item #6.1.

5 this chapter, or that the vendor is operating in a manner detrimental to public health, safety or the general welfare of the City, or if the vendor has been issued four (4) or more violations of this article during the term of the vendor permit.

5.10.050 Business license.

It shall be unlawful to peddle, solicit, vend, or distribute any goods, wares, merchandise, food, beverages, or services within the City without first obtaining a business license and paying the applicable business license tax, pursuant to Chapter 5.04 CMC Business Licenses Generally.

The original of the City business license shall be available from any enforcement officer or upon demand of any person with whom the peddler, solicitor, street vendor, or mobile food vendor is conducting business.

5.10.060 General operational regulations.

A. All required evidence of general liability and automobile liability insurance in a form available for review and inspection and at levels of coverage acceptable to the City shall be maintained while conducting operations under a City-issued vendor permit.

B. Street and mobile food vendors shall not leave their mobile unit(s), mobile food vending vehicle(s), goods, wares, merchandise, food, or beverages unattended to solicit business for their vending activities. Mobile units and mobile food vending vehicles shall not be stored on public property and shall be removed from public property when not in active use by a vendor.

C. A local authority shall not require a peddler, solicitor, street vendor, or mobile food vendor to first obtain the consent or approval of any nongovernmental entity or individual before they can operate on any public property.

D. No vending shall occur from any vehicle in the City except for the sales of food and beverages for immediate consumption from a mobile food vendor operating a mobile food vending vehicle and in possession of a mobile food vendor permit and business license from the City.

E. In accordance with Chapter 8.17 CMC Reusable Foodware and Waste Reduction, the use and sale of polystyrene products, single-use plastic foodware items, and single-use plastic bags are prohibited. All street and mobile food vendors are to adhere to the regulations set forth in Chapter 8.17 CMC Reusable Foodware and Waste Reduction, and Chapter 19.12 CMC Single Use Plastic Bag Reduction. Any violations of the chapters listed in this paragraph by any person are subject to the specified chapter’s penalties.

5.10.070 Health and sanitation requirements.

Pursuant to Chapter 2.15 CMC Health Department, the Napa County Department of Environmental Health is designated as the enforcement agency of the City for health provisions within the City. The Napa County Environmental Health Division is vested, for the purpose of enforcing the provisions of the California Health and Safety Code within the City, with all of the jurisdiction and powers vested in or available to the Health Department by the California Health and Safety Code.

All vendors shall refrain from leaving waste in any location during their operations. Stationary vendors shall maintain the area near their mobile unit or mobile food vending vehicle free from any waste, and all waste generated within a minimum of a one hundred (100) foot radius of the operation site must be collected prior to the closure of operations. Any violation of this section may result in the issuance of a notice of violation and order to abate pursuant to Chapter 1.12 CMC Nuisance Abatement.

Item #6.1.

6 5.10.080 Prohibited items.

Peddlers, solicitors, street vendors, and mobile food vendors are prohibited from peddling, soliciting, vending, or distributing any items prohibited by Federal, State, or local law, including the following items and any other items specified in Title 8 CMC Health and Safety:

A. Alcoholic beverages;
B. Adult-oriented materials;
C. Tobacco, tobacco products, or electronic smoking devices; D. Cannabis or cannabis products;
E. Weapons, including knives, guns, or explosive devices; F. Fireworks; and
G. Pharmaceuticals.

5.10.090 Prohibited activities.

Peddlers, solicitors, street vendors, and mobile food vendors shall not engage in any of the following activities:

A. Conducting the business or vending in such a manner as to create a public nuisance or constitute a danger to the public health, safety, or welfare; B. Causing noise that violates the General Noise Regulations as detailed in Chapter 8.20 CMC Nuisances, including those produced by amplified sound; C. No person shall shout or call their wares in a loud, boisterous, or unseemly manner or to cause disturbance of citizens or dwellers in the City;
D. Cooking or use of any appliance with an open flame outside of a mobile food vending vehicle is prohibited; and
E. Any behavior that could be constituted as harassment or deceit.

5.10.100 Prohibited locations and hours.

A. The City shall not require a peddler, solicitor, street vendor, or mobile food vendor to operate within specific parts of the public right-of-way except when that restriction is directly related to objective health, safety, or welfare concerns.

1. Pursuant to California Government Code Section 51038, perceived community animus or economic competition does not constitute an objective health, safety, or welfare concern.

2. Mobile food vendors operating mobile food vending vehicles shall be exempt from this item. Stipulations regarding locations are outlined in section 5.10.460 of this chapter.

B. Any peddler, solicitor, street vendor, or mobile food vendor shall be exempt from the remainder of this section when authorized by the City to participate in an event pursuant to a special event permit, street closure permit, or any other permit specifically authorizing such activity issued by the City.

C. No peddler, solicitor, street vendor, or mobile food vendor may engage in vending or otherwise operate:

1. Within two hundred (200) feet of a permitted certified farmers’ market or a permitted swap meet during the limited operating hours of that certified farmers’ market or swap meet. A “certified farmers’ market” means a location operated in accordance with the Food and Agricultural Code and any regulations adopted pursuant to that chapter. A “swap meet” means a location operated in accordance with the California Business and Professions Code and any regulations adopted pursuant to that article;

2. Within two hundred (200) feet of an area designated for a special event operating with a permit issued by the City, provided that any notice, business interruption mitigation, or other rights provided to affected businesses or property owners Item #6.1.

7 under the City’s special event permit are also provided to any peddler, solicitor, street vendor, or mobile food vendor specifically permitted to operate in the area, if applicable. For purposes of this paragraph, a special event permit is a permit issued by the City for the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit or special event permit. A prohibition of any peddler, solicitor, street vendor, or mobile food vendor pursuant to this paragraph shall only be effective for the limited duration of the special event permit; and

3. Upon any public street, sidewalk, right-of-way, or other public place within two hundred (200) feet of the nearest property line of any public or private school serving students under eighteen (18) years of age between the hours of 7:00 a.m. and 5:00 p.m. of any school day.

D. In order to protect pedestrian health and safety and to accommodate public street access, including parking and traffic, street and mobile food vendors shall be subject to the conditions set forth below:

1. Street and mobile food vendors shall not operate in a manner where the operation, vending equipment, and queuing patrons obstruct the right-of-way, including blocking vehicular or bicycle traffic, the flow of pedestrian traffic, ingress or egress from adjoining property, or otherwise creating hazards for vehicle or pedestrian traffic.

2. Street and mobile food vendors shall not operate in a manner where the operation, vending equipment, and queuing patrons reduce the width of a public right-of-way to less than the minimum standards required by Federal and state accessibility laws, as modified from time to time so as to enable persons to freely pass while walking, running, or using mobility assistance devices and to ensure compliance with Americans with Disabilities Act (ADA) regulations.

3. No street or mobile food vendor shall be located on any public sidewalk or within any public street within fifteen (15) feet of a(n):
a. Curb which has been designated as a white, yellow, blue, or red zone; b. Street or roadway intersection controlled by a traffic light, crosswalk, or stop sign;
c. Public street, alley, or highway is greater than 35 miles per hour; d. Bike racks, benches, bus stops, or similar public use items; e. Fire call box, police call box, or emergency facility; f. Driveway or driveway apron;
g. Entrance to or emergency exit of any building, structure, facility, or business during the hours that the building or business is open to the public; and
h. Fire hydrant or location to which law enforcement or emergency services personnel require unimpeded access.

4. No street or mobile food vendor shall operate within fifty (50) feet of a(n):
a. Outer edge of any entrance of any business which serves food on private property during the hours such business is open to the public. This prohibition may be waived with the written consent of such business.

5. No street or mobile food vendor shall operate within two hundred (200) feet of a(n):
a. Fire station;
b. Police station; and
c. Place of worship.

6. In order to preserve peace and safety, stationary vendors shall not operate in any area that is zoned exclusively residential. Roaming vendors may operate in Item #6.1.

8 exclusively zoned residential areas only between the hours designated in sections 5.10.270, 5.10.370, and 5.10.470 of this chapter.

7. A mobile food vendor may vend on private property if the vendor has written permission from the property owner.

5.10.110 General enforcement.

The City Manager or their designee may, at their discretion, waive the administrative fine or offer an alternative disposition. Nothing in this chapter shall be construed to limit the City's ability to enforce, or remedies for enforcing, laws of general applicability or other provisions of this code against any peddler, solicitor, street vendor, or mobile food vendor, or take any other enforcement actions against to any peddler, solicitor, street vendor, or mobile food vendor that are not prohibited by state or federal law, or which are allowed by this code.

Any vendor permit issued under this chapter may be suspended or revoked for any of the following reasons:

A. Fraud, misrepresentation, or any false statement made to the police department in furnishing the information required by this chapter;
B. Fraud or misrepresentation of the course of conducting the business or vending; C. Conviction of the permit holder of any felony or crime involving moral turpitude; D. Peddling, soliciting, vending, or distributing any items designated in section 5.10.080 of this chapter; and
E. Conducting the business or vending in a manner designated in section 5.10.090 of this chapter.

When assessing an administrative fine for a first-time offense, pursuant to any section in this chapter, the hearing officer shall take into consideration the person’s ability to pay the fine. The enforcement agency shall provide the person with notice of their right to request an ability-topay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.

A. If the person meets the criteria described in California Government Code 68632(a)(b), the enforcement agency shall accept, in full satisfaction, 20 percent of the administrative fine imposed pursuant to this section.

B. The enforcement agency may waive the administrative fine or may offer an alternative disposition.

5.10.120 Appeals.

A decision by an enforcement officer to deny or revoke a vendor permit or to issue a citation may be appealed under Chapter 1.20 CMC Appeals.

Article 2. Peddlers and Solicitors

5.10.150 Operational regulations
The following conditions and regulations shall apply to peddlers and solicitors within the City, in addition to those set forth in other parts of this chapter or elsewhere in this code:

A. Every peddler or solicitor and their agents, employees, and representatives shall, at all times when engaged in peddling or soliciting activities, wear an identification card attached to their clothing or person so that it is visible at all times, and at any time shall display the vendor permit upon the request of any person or enforcement officer. The identification card shall include the name, business address, and telephone number of Item #6.1.

9 the vendor, and the name, business address, and telephone number of the person, organization, or entity on whose behalf the peddling or soliciting is being conducted.

B. It is unlawful for any peddler or solicitor to represent by words, writing, or action that he is some other peddler or solicitor, that he is a partner, employee, or agent of any peddler or solicitor, when in fact he is not the partner, agent or employee of such peddler or solicitor, or that he is the employee, representative, agent or partner of any person when in fact he is not the employee, representative, agent or partner of such person.

C. Pursuant to Chapter 12.24 CMC Park Rules and Regulations, it is unlawful and a misdemeanor for any person to peddle or solicit for any trade, occupation, business, or profession in any City-operated park without the prior written permission of the enforcement authority or approved under a special event operating with a permit issued by the City.

5.10.160 Locations.

Notwithstanding section 5.10.100 of this chapter, peddlers and solicitors shall adhere to the following requirements:

A. No peddler, solicitor, nor any person pretending to be such, whether regulated by this chapter or not, shall ring the doorbell or knock at any building whereon a sign bearing the words including, but not limited to, “No Peddlers,” “No Solicitors,” or words of similar meaning unless such person has an appointment with the occupants of the building.

5.10.170 Hours.

Peddling or soliciting in the City shall be limited to the hours between 8:00 a.m. and 7:00 p.m.

Peddling or soliciting at other times is prohibited unless exempt under section 5.10.100 of this chapter.

5.10.180 Enforcement, penalties, and administrative citations.

Notwithstanding anything in this chapter, the enforcement officer shall have the authority to require the immediate cessation of soliciting or peddling activities if they deem it reasonably necessary for the preservation of public health, safety, or welfare. Any violation of this article shall be punishable either as an infraction or as a misdemeanor or by any remedy available to the City under its municipal code or State law. Every day of peddling or soliciting without a valid vendor permit constitutes a separate offense.

Article 3. Street Vendors

5.10.250 Operational regulations
A. The street vendor permit shall at all times be displayed conspicuously on the mobile unit or the street vendor’s person. If multiple street vendors are staffing a mobile unit or working as roaming street vendors, each person shall wear their permit on their person in a conspicuous manner.

B. The City shall not restrict the overall number of street vendors permitted to operate within the jurisdiction of the City unless the restriction is directly related to objective health, safety, or welfare concerns.

C. All goods, wares, merchandise, food, or beverages shall be stored either inside or affixed to the mobile unit or carried by the street vendor; items shall not be stored, placed, or kept on any public property. Mobile units left unattended on the public right-ofway will be immediately removed by the City for safekeeping, and a notice of removal will be posted in the area with instructions on how to reclaim the property. Any perishables on the mobile unit will be discarded after removal.

Item #6.1.

10 D. In order to preserve the safety of vehicular travelers and pedestrians and preserve public peace and welfare, no mobile unit may be outfitted with any equipment, signage, or mechanism that endangers or detracts from the health, safety, or welfare of the public by causing an excessive distraction to motorists or interfering with nearby residences, business, or pedestrians, including but not limited to, sound amplification, flashing lights, smoke, steam, bubbles, gas-powered generators, or excessive fumes.

E. In order to prevent obstructions of the public right-of-way, no street vendor shall set up or allow the use of an additional structure, including a table, crate, carton, or rack, to increase the selling display capacity of the mobile unit unless such item explicitly is allowed in the permit obtained by the street vendor.

F. Street vendors shall not approach persons to vend and shall not interfere in any way with anyone engaged in an activity to sell goods, wares, merchandise, food, beverages, or services.

G. Street vendors shall not vend to or otherwise conduct transactions with persons in moving vehicles or vehicles illegally parked or stopped.

H. Roaming street vendors may not operate at any permitted location for a period of time not exceeding fifteen (15) minutes.

5.10.260 Locations.

Street vendors shall adhere to the requirements outlined in section 5.10.100 of this chapter.

5.10.270 Hours.

Operating hours for street vendors in commercial zones shall be limited to the hours between 7:00 a.m. and 10:00 p.m. Operating hours for street vendors in all other zones shall be limited to the hours between 8:00 a.m. and 7:00 p.m. Operation at other times is prohibited unless exempt under section 5.10.100 of this chapter.

5.10.280 Enforcement, penalties, and administrative citations.

A. A violation of the City’s street vending program is punishable only by the following:

1. An administrative fine not exceeding one hundred dollars ($100) for a first violation.

2. An administrative fine not exceeding two hundred dollars ($200) for a second violation within one (1) year of the first violation.

3. An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one (1) year of the first violation.

4. The City may rescind a permit issued to a street vendor for the term of that permit upon the fourth violation or subsequent violations.

B. Vending without a street vendor permit may be punishable by the following in lieu of the administrative fines set forth in item A of this section.

1. An administrative fine not exceeding two hundred fifty dollars ($250) for a first violation.

2. An administrative fine not exceeding five hundred dollars ($500) for a second violation within one (1) year of the first violation.

3. An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one (1) year of the first violation.

4. Upon proof of a valid street vendor permit issued by the City, the administrative fines set forth in this paragraph shall be reduced to the administrative fines set forth in item A of this section.

C. Failure to pay an administrative fine pursuant to this section shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in this section shall not be assessed.

Item #6.1.

11 Article 4. Compact Mobile Food Operations

5.10.350 Operational regulations
Mobile food vendors operating from a mobile unit, or one’s person, must be operated in accordance with the following provisions:

A. The issued mobile food vendor permit and health permit shall be displayed conspicuously at all times on one’s person or mobile unit(s).

B. Compact mobile food operations shall conduct only limited food preparation, as defined in California Health and Safety Code Section 113818. Notwithstanding any other provision of this part, a compact mobile food operation may display or sell food outdoors if all of the following conditions are satisfied:

1. Overhead protection is provided above all food display areas.

2. Food items from the outdoor display are stored consistent with the California Health and Safety Code Part 7 and Napa County Department of Environmental Health regulations at all times other than during business hours.

3. Outdoor displays comply with California Health and Safety Code Section 113980 and have been approved by the enforcement agency.

C. A compact mobile food operation shall not sell food other than non-potentially hazardous prepackaged food or whole produce or conduct any food preparation unless it meets the applicable operational requirements of California Health and Safety Code Part 7 and Napa County Department of Environmental Health regulations, including applicable requirements for integral equipment, handwashing, and restroom access.

D. Equipment that is required to be integral to a compact mobile food operation shall either be permanently attached to the primary unit or securely fastened to the primary unit by means that would prevent unintentional removal. Equipment may be considered integral despite being portable or otherwise removable for cleaning, maintenance, or as part of its regular function.

E. A compact mobile food operation operating from one’s person, in lieu of a mobile unit, shall not conduct any food preparation or sell foods other than non-potentially hazardous prepackaged food or whole produce.

5.10.360 Locations.

Compact mobile food operations shall adhere to the requirements outlined in section 5.10.100.

5.10.370 Hours.

Operating hours for compact mobile food operations in commercial zones shall be limited to the hours between 7:00 a.m. and 10:00 p.m. Operating hours for compact mobile food operations in all other zones shall be limited to the hours between 8:00 a.m. and 7:00 p.m. Operation at other times is prohibited unless exempt under section 5.10.100 of this chapter.

5.10.380 Enforcement, penalties, and administrative citations.

A. A local enforcement agency may inspect a compact mobile food operation:

1. During the facility’s hours of operation and other reasonable times on the basis of a consumer complaint or just cause; and

2. For the purposes of determining compliance by routine inspections or inspections on the basis of a consumer complaint or just cause.

B. The local enforcement agency may recover the costs of investigation and enforcement of this section, subject to any limitations in this part on fines issuable to compact mobile food operations.

Item #6.1.

12 C. A violation of the City’s compact mobile food vending program by an operator or employee of a compact mobile food operation is punishable only by an administrative fine.

D. A violation of any provision of this part or regulation adopted pursuant to this part by an operator or employee of a compact mobile food operation shall not be punishable as an infraction or misdemeanor, and an operator or employee of a compact mobile food operation alleged to have violated any of those provisions is not subject to arrest except when independent grounds for that arrest exist under law.

A. Each offense by an operator or employee of a compact mobile food operation may only be punished by a fine consistent with the following:

1. A notice of violation detailing the violation, including the applicable provision of this part or regulation adopted pursuant to this part.

2. An administrative fine not exceeding one hundred dollars ($100) for a second violation within one (1) year of the first violation.

3. An administrative fine not exceeding two hundred dollars ($200) for a third violation within one (1) year of the first violation.

4. An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation.

B. Operating without a mobile food vendor permit may be punishable by a fine not to exceed three times the cost of the permit in lieu of the administrative fines referenced in this section
Article 5. Mobile Food Vending Vehicles

5.10.450 Operational regulations.

Mobile food vendors operating from a mobile food vending vehicle must be operated in accordance with the following provisions:

A. The issued mobile food vendor permit and health permit shall be displayed conspicuously at all times on the mobile food vending vehicle(s).

B. Mobile food vending vehicles must comply with the lighting standards of CMC

17.36.090(D), requiring that lighting be shielded so as not to shine or create glare on any adjacent property.

C. Mobile food 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. All electrical appliances, cords, and fixtures used by a mobile food vendor shall be in good repair and listed for exterior use.

D. Mobile food vendors shall provide trash, recycling, and compost receptacles for customer use on-site.

5.10.460 Locations.

In addition to section 5.10.100 of this chapter, mobile food vendors shall adhere to the following additional requirements:

A. Private Property. Mobile food vending vehicles may conduct vending on private property with written permission from the property owner in the Community Commercial (CC) and Light Industrial (I) zoning districts only.

B. Public Property. Mobile food vending vehicles may conduct vending within the public right-of-way in Community Commercial (CC) and Light Industrial (I) zoning districts.

However, this use is prohibited along the entire length of Brannan Street, Wappo Avenue, and Washington Street, from the intersection of Lincoln Avenue to Earl Street.

Item #6.1.

13 C. In addition, mobile food vending vehicles may conduct vending in the following specifically designated locations within the Public (P) district: (a) Logvy Park, (b) Fairgrounds main entrance adjacent to North Oak Street, and (c) entrance to the Fairgrounds golf course adjacent to Grant Street.

D. 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.

5.10.470 Hours.

Operating hours for mobile food vendors in commercial zones shall be limited to the hours between 7:00 a.m. and 10:00 p.m. Operating hours for mobile food vendors in all other zones shall be limited to the hours between 8:00 a.m. and 7:00 p.m. Operation at other times is prohibited unless exempt under section 5.10.100 of this chapter. Vending for each mobile food vending vehicle shall be limited to a maximum period of eight (8) hours per day per location, including setup and cleanup.

5.10.480 Enforcement, penalties, and administrative citations.

A. A local enforcement agency may inspect a mobile food vending vehicle:

1. During the facility’s hours of operation and other reasonable times on the basis of a consumer complaint or just cause; and

2. For the purposes of determining compliance by routine inspections or inspections on the basis of a consumer complaint or just cause.

B. The local enforcement agency may recover the costs of investigation and enforcement of this section, subject to any limitations in this part on fines issuable to mobile food vendors.

C. Each offense by an operator or employee of a mobile food vendor may be punished by a fine consistent with the following:

1. A notice of violation detailing the violation, including the applicable provision of this part or regulation adopted pursuant to this part.

2. An administrative fine not exceeding one hundred dollars ($100) for a second violation within one (1) year of the first violation.

3. An administrative fine not exceeding two hundred dollars ($200) for a third violation within one (1) year of the first violation.

4. An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one (1) year of the first violation.

C. Operating without a mobile food vendor permit may be punishable by the closure of the mobile food facility and a penalty not to exceed three times the cost of the permit.

Item #6.1.

Senate Bill No. 972
CHAPTER 489
An act to amend Sections 113818, 113831, and 113868 of, and to add Chapter 11.7 (commencing with Section 114368) to Part 7 of Division 104 of, the Health and Safety Code, relating to retail food. [Approved by Governor September 23, 2022. Filed with
Secretary of State September 23, 2022.]
legislative counsel’s digest
SB 972, Gonzalez. California Retail Food Code.
(1)  Existing law, the California Retail Food Code (the code), establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities and requires local health agencies to enforce these provisions. Existing law, for purposes of the code, defines a “cottage food operation” as an enterprise that has no more than a specified amount in gross annual sales, is operated by a cottage food operator, and has no more than 1 full-time employee within the registered or permitted area of a private home where the food products are prepared and packaged. Existing law provides for the regulation of microenterprise home kitchen operations and limits those operations to not serving more than 30 individual meals per day and not more than 60 individual meals per week and to no more than $50,000 in verifiable gross annual sales, as adjusted for inflation. Existing law authorizes the local enforcement agency to decrease the limit on the number of individual meals prepared based on the food preparation capacity of the operation.

This bill would authorize a cottage food operation or microenterprise home kitchen operation to serve as a commissary or mobile support unit for up to 2 compact mobile food operations if the cottage food operation or microenterprise home kitchen operation permit includes an endorsement from the local enforcement agency that the cottage food operation or microenterprise home kitchen operation is capable of supporting the preparation and storage of the food being sold from the compact mobile food operation and the storage and cleaning of the compact mobile food operation. The bill would authorize nonpotentially hazardous foods prepared in a cottage food operation to be served from a compact mobile food operation. The bill would define “compact mobile food operation” as a mobile food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance. The bill would require compact food operations to conduct only limited food preparation.
(2)  The code defines “limited food preparation” as food preparation that is restricted to specified activities, including dispensing or portioning of

92 Item #6.1.

nonpotentially hazardous food, slicing and chopping of food on a heated cooking surface during the cooking process, and holding, portioning, and dispensing foods that are prepared at a satellite food service or catering operation.

This bill would include in the definition of “limited food preparation” dispensing and portioning for immediate service to a customer of food that has been temperature controlled until immediately prior to portioning or dispensing, slicing and chopping of nonpotentially hazardous food or produce that has been washed at an approved facility, hot and cold holding of food previously prepared at an approved permanent food facility, and reheating of food that has been previously prepared at an approved permanent food facility and held at the approved temperatures.
(3)  The code defines “mobile food facility” and regulates what types of food may be provided at a mobile food facility. The code requires mobile food facilities to meet specified health and safety standards, including access to warewashing sinks, restrooms, and handwashing facilities and required quantities of potable water.

This bill would require a compact mobile food operation to meet the applicable requirements of mobile food facilities, except as specified. The bill would exempt a compact mobile food operation that has 25 square feet or less of display area and sells only prepackaged, nonpotentially hazardous foods or whole uncooked produce from the code, except as specified. The bill would authorize a compact mobile food operation to display or sell food outdoors, if certain conditions are met, including, among other things, overhead protection provided above all food display areas. The bill would require a compact mobile food operation that engages in the preparation of raw meat, raw poultry, or raw fish to meet additional specified requirements.

The bill would authorize the enforcement agency to preapprove a standard plan for a standardized or mass-produced facility intended to serve as a compact mobile food operation and would authorize a compact mobile food operation to use that standardized or mass-produced facility after a final inspection, but without submitting plans for the individual unit. The bill would authorize the enforcement agency to collect a fee for the final inspection.
(4)  Existing law requires commissaries and other approved facilities servicing mobile support units, mobile food facilities, and vending machines to meet specified standards.

This bill would authorize an enforcement agency to approve a facility with nonconforming structural conditions if those conditions do not pose a public health hazard. The bill would also require an enforcement agency to approve the storage of a compact mobile food facility in a permitted permanent food facility if, after initial inspection, the agency determines that the compact mobile food facility is protected from contamination. The bill would authorize the enforcement agency to charge a fee to administer these provisions.
92 Ch. 489 — 2 —
Item #6.1.

(5)  The code requires a food facility to have a valid permit to be open for business and authorizes the local enforcement agency to charge a fee for the permit or registration or related services.

This bill would authorize the local enforcement agency to reduce the fee for the permit, registration, or related service for an applicant seeking approval of a compact mobile food operation or related operations. (6)  Under existing law, violation of the code is a misdemeanor, unless otherwise specified.

This bill would make violations of the code by an operator or employee of a compact mobile food facility or a sidewalk vendor punishable only by an administrative fine. Additionally, by making changes to the definition of various crimes and by adding new crimes under the code, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

The people of the State of California do enact as follows:

SECTION 1. Section 113818 of the Health and Safety Code is amended to read:
113818. (a)  “Limited food preparation” means food preparation that is restricted to one or more of the following:
(1)  Heating, frying, baking, roasting, popping, shaving of ice, blending, steaming or boiling of hot dogs, or assembly of nonprepackaged food. (2)  Dispensing and portioning of nonpotentially hazardous food or dispensing and portioning for immediate service to a customer of food that has been temperature controlled until immediately prior to portioning or dispensing.
(3)  Holding, portioning, and dispensing of any foods that are prepared for satellite food service by the onsite permanent food facility or prepackaged by another approved source.
(4)  Holding, portioning, and dispensing of any foods that are prepared by a catering operation.
(5)  Slicing and chopping of nonpotentially hazardous food or produce that has been washed at an approved facility or slicing and chopping of food on a heated cooking surface during the cooking process. (6)  Cooking and seasoning to order.
(7)  Juicing or preparing beverages that are for immediate service, in response to an individual consumer order, that do not contain frozen milk products.
(8)  Hot and cold holding of food that has been prepared at an approved permanent food facility.
92 — 3 — Ch. 489
Item #6.1.

(9)  Reheating of food that has been previously prepared at an approved permanent food facility and held at temperatures required by this chapter. (b)  “Limited food preparation” does not include any of the following:
(1)  Slicing and chopping potentially hazardous food, other than produce, unless it is on the heated cooking surface.
(2)  Thawing.
(3)  Cooling of cooked, potentially hazardous food.
(4)  Grinding raw ingredients or potentially hazardous food. (5)  Washing of foods.
(6)  Cooking of potentially hazardous foods for later use. (7)  Handling, manufacturing, freezing, processing, or packaging of milk, milk products, or products resembling milk products subject to licensing under Division 15 (commencing with Section 32501) of the Food and Agricultural Code.

SEC. 2. Section 113831 of the Health and Safety Code is amended to read:
113831. (a)  “Mobile food facility” means any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail. “Mobile food facility” does not include a “transporter” used to transport packaged food from a food facility, or other approved source to the consumer.
(b)  “Single operating site mobile food facilities” means at least one, but not more than four, unenclosed mobile food facilities, and their auxiliary units, that operate adjacent to each other at a single location. (c)  “Compact mobile food operation” means a mobile food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.

SEC. 3. Section 113868 of the Health and Safety Code is amended to read:
113868. “Portable” means equipment that is capable of being lifted and moved or has utility connections that are designed to be disconnected or of sufficient length to permit the unit to be moved for cleaning, and does not exceed 100 pounds (46 kg) in weight or is otherwise designed to be mobile.

SEC. 4. Chapter 11.7 (commencing with Section 114368) is added to Part 7 of Division 104 of the Health and Safety Code, to read:

Chapter 11.7. Compact Mobile Food Operation
114368. A compact mobile food operation, as defined in subdivision (c) of Section 113831, shall meet the applicable requirements of Chapter 10 (commencing with Section 114294), except as provided in this chapter. 114368.1. (a)  Any compact mobile food operation with 25 square feet or less of display area from which only prepackaged nonpotentially hazardous food and whole uncooked produce is sold is exempt from the requirements of this part, except that the facility shall comply with all of the following:
92 Ch. 489 — 4 —
Item #6.1.

(1)  Sections 113980, 114047, 114049, 114390, 114393, 114397, and 114399.
(2)  Chapter 1 (commencing with Section 113700).
(3)  Chapter 2 (commencing with Section 113728).
(b)  (1)  A local enforcement agency may inspect a compact mobile food operation that is exempt, as specified in subdivision (a), during the facility’s hours of operation and other reasonable times on the basis of a consumer complaint or just cause.
(2)  For the purposes of determining compliance with this chapter, a compact mobile food operation that is not exempt as specified in subdivision (a) is subject to permitting and routine inspections or inspections on the basis of a consumer complaint or just cause.
(c)  The local enforcement agency may recover the costs of investigation and enforcement of this section, subject to any limitations in this part on fines issuable to compact mobile food operations.
114368.2. (a)  Compact mobile food operations shall conduct only limited food preparation, as defined in Section 113818. Notwithstanding any other provision of this part, a compact mobile food operation, as defined in subdivision (c) of Section 113831, may display or sell food outdoors, if all of the following conditions are satisfied:
(1)  Overhead protection are provided above all food display areas. (2)  Food items from the outdoor display are stored consistent with this chapter at all times other than during business hours.
(3)  Outdoor displays comply with Section 113980 and have been approved by the enforcement agency if the compact mobile food operation is required to obtain a permit.
(b)  A compact mobile food operation shall not sell food other than nonpotentially hazardous prepackaged food or whole produce, or conduct any food preparation, unless it meets the applicable operational requirements of this chapter, including applicable requirements for integral equipment, handwashing, and restroom access.
(c)  Equipment that is required to be integral to a compact mobile food operation shall either be permanently attached to the primary unit or securely fastened to the primary unit by means that would prevent unintentional removal. Equipment may be considered integral despite being portable or otherwise removable for cleaning, maintenance, or as part of its regular function.
(d)  A compact mobile food operation operating from an individual shall not conduct any food preparation or sell foods other than nonpotentially hazardous prepackaged food or whole produce.
114368.3 (a)  (1)  A permitted cottage food operation or microenterprise home kitchen operation may serve as a commissary or mobile support unit for up to two compact mobile food operations if the cottage food operation or microenterprise home kitchen operation permit includes an endorsement from the local enforcement agency that the cottage food operation or microenterprise home kitchen operation is capable of supporting the preparation and storage of the food being sold from the compact mobile 92 — 5 — Ch. 489
Item #6.1.

food operation and the storage and cleaning of the compact mobile food operation.
(2)  Transactions at a compact mobile food operation operated by a cottage food operator shall constitute “direct sales” for the purposes of paragraph (4) of subdivision (b) of Section 113758.
(3)  Transactions at up to two compact mobile food operations operated by a cottage food operator shall not count toward the annual gross sales restrictions in Section 113758 applicable to cottage food operations if the governing body has authorized this action.
(4)  Nonpotentially hazardous foods prepared in a cottage food operation may be served from a compact mobile food operation.
(5)  Food prepared in a microenterprise home kitchen operation may be served from a compact mobile food operation operated by the microenterprise home kitchen operation permitholder.
(6)  The meal and gross annual sales limitations in paragraphs (7) and (8) of subdivision (a) of Section 113825 do not apply to the sale of nonpotentially hazardous food or produce for up to two compact mobile food operations operated by the microenterprise home kitchen operation if the governing body has authorized this action.
(7)  With the authorization of the governing body and if the enforcement agency determines that the operation does not pose a public health hazard, a permitted microenterprise home kitchen operation may serve as a commissary for up to two compact mobile food operations. The meal and gross annual sales limitations in paragraphs (7) and (8) of subdivision (a) of Section 113825 apply unless the governing body sets a higher meal and income limitation.
(8)  The governing body of a local jurisdiction that permits microenterprise home kitchen operations pursuant to Section 114367, may set the meal and income limitations in paragraphs (7) and (8) of subdivision (a) of Section 113825 at a higher level than provided in those paragraphs for microenterprise home kitchen operations that operate in conjunction with a compact mobile food operation. Notwithstanding this subdivision, the levels in effect, by statute or ordinance, as of January 1, 2023, shall remain in effect until changed by the local jurisdiction.
(b)  (1)  Existing permanent food facilities may be permitted to support the operations and storage of compact mobile food operations pursuant to the requirements of this section.
(2)  Notwithstanding any other provision of this part, upon an evaluation verifying that a permanent food facility satisfies subdivisions (a) to (f), inclusive, of Section 114326, an enforcement agency shall approve the use of a permitted permanent food facility to satisfy the requirements of Section 114295 for a compact mobile food operation.
(3)  Notwithstanding any other provision of this part, upon an evaluation verifying that the compact mobile food operation will be stored in a manner that protects the compact mobile food operation from contamination, an enforcement agency shall approve the storage of a compact mobile food operation in a permitted permanent food facility.
92 Ch. 489 — 6 —
Item #6.1.

(4)  Except when a determination is made by the enforcement agency that any nonconforming structural conditions pose a public health hazard, the enforcement agency may approve a facility to support operations of a compact mobile food operation.
(5)  Plan submission shall not be required for an existing permanent food facility to support the operations of a compact mobile food operation when a determination is made by the local enforcement agency that the current operation and structural facilities of the permanent food facility can successfully provide the necessary functions of a commissary for a compact mobile food operation.
(6)  An approved permanent food facility that will be used for cooling of food for a compact mobile food operation shall be approved by the enforcement agency for cooling.
(c)  (1)  Unless prohibited by local ordinance, an enforcement agency may allow the use of a private home for the storage of a compact mobile food operation if it determines, after an evaluation, that storage in the private home would not pose a public health hazard and that the compact mobile food operation will be stored in a manner that protects the compact mobile food operation from contamination.
(2)  No more than two compact mobile food operations may be stored in a private home unless the enforcement agency finds that storage of more than two compact mobile food operations in a private home would not pose a public health hazard.
(3)  The storage area within the home shall be designated and clearly identified upon approval and shall not be relocated without the review and approval of the local enforcement agency.
(4)  Prepackaged nonpotentially hazardous food, whole fruits, and whole vegetables may be stored in the home prior to sale or preparation of that food in a compact mobile food operation.
(5)  Food prepared in a private home shall not be used or offered for sale on a compact mobile food operation, unless it is a permitted cottage food operation or microenterprise home kitchen operation pursuant to subdivision (a). Violation of this paragraph may result in suspension or revocation of the permit to operate the compact mobile food operation. (6)  For purposes of determining compliance with this subdivision, a local enforcement agency may access, for inspection purposes, a private home where a compact mobile food operation is stored only if the representative has, on the basis of a consumer complaint, reason to suspect that the home is being used for food preparation, food storage, or unauthorized storage of utensils or other food facility equipment in violation of this subdivision. (d)  At the end of the operating day, potentially hazardous food that is prepared on or served from a compact mobile food operation shall be destroyed in a manner approved by the enforcement agency. (e)  For the purposes of this chapter, an endorsement by the local enforcement agency shall be a documented and recorded approval of compliance with applicable sections. An endorsement may include an inspection or evaluation, but shall not require a registration or permit. 92 — 7 — Ch. 489
Item #6.1.

(f)  The enforcement agency may collect a fee for any permit, endorsement, inspection, or evaluation issued or conducted pursuant to this chapter in an amount that does not exceed the reasonable administrative costs of the enforcement agency.
114368.4. (a)  Except as provided in subdivision (b), a compact mobile food operation that is approved for limited food preparation that prepares raw meat, raw poultry, or raw fish is subject to warewashing and handwashing facility requirements as outlined in Chapter 10 (commencing with Section 114294).
(b)  (1)  A compact mobile food operation may satisfy the requirements of Sections 114313 and 114314 by demonstrating access to a permitted auxiliary conveyance containing the necessary handwashing and warewashing sinks when operating at a site-specific location. The auxiliary conveyance may be operated by the same or a different permitholder. An enforcement agency may permit an auxiliary conveyance to serve multiple compact mobile food operations operating in close proximity to the auxiliary conveyance, as determined by the enforcement agency.
(2)  If an auxiliary conveyance is not operated by the permitholder of the compact mobile food operation, the operator of the auxiliary conveyance shall obtain a permit from the enforcement agency to operate the auxiliary conveyance and service compact mobile food operations.
(3)  The permit application for an auxiliary conveyance not operated by a compact mobile food operation shall include a site plan and shall be submitted to the enforcement agency at least two weeks prior to the operation of any food facility in conjunction with the auxiliary conveyance. (4)  The site plan for an auxiliary conveyance not operated by a compact mobile food operator shall show the proposed location and storage of the auxiliary conveyance, the proposed locations of any food facilities that will utilize the auxiliary conveyance, restrooms, refuse containers, potable water supply faucets, waste water disposal facilities, and all shared warewashing and handwashing facilities.
(c)  A compact mobile food operation that is approved for limited food preparation that does not prepare raw meat, raw poultry, or raw fish shall do one of the following:
(1)  Provide a three-compartment sink as described in subdivision (a) of Section 114313.
(2)  Provide at least one two-compartment sink that complies with subdivision (e) of Section 114099.3.
(3)  Provide a one-compartment sink with at least one integral metal drainboard, an adequate supply of spare preparation and serving utensils to replace those that become soiled or contaminated, and warewashing facilities that comply with subdivision (a) of Section 114313 in reasonable proximity to, and readily accessible for use by, food employees at all times. (4)  Maintain an adequate supply of spare preparation and serving utensils on the compact mobile food operation to ensure that utensils used for potentially hazardous foods are replaced with clean and sanitized utensils every four hours or as needed to replace those that become soiled or 92 Ch. 489 — 8 —
Item #6.1.

contaminated. A compact mobile food operation that complies with this paragraph is not required to provide a warewashing sink. (d)  A compact mobile food operation that is approved for limited food preparation that does not prepare raw meat, raw poultry, or raw fish shall provide an integral handwashing sink with at least five gallons of potable water to operate with a potable water tank with a capacity of at least five gallons for handwashing.
(e)  An enforcement agency may permit a compact mobile food operation to operate with an integral water tank smaller than specified under subdivision (c) or (d) of Section 114217 if the enforcement agency finds that the compact mobile food operation is operating in an area and manner that would allow for replenishment of the water supply as needed during operations.
(f)  A compact mobile food operation shall submit, to the enforcement agency, written operating procedures that include the process of filling potable water tanks if it will operate with a water tank with a capacity of less than five gallons specified in subdivisions (c) and (d) of Section 114217. (g)  A compact mobile food operation that does not prepare raw meat, raw poultry, or raw fish is exempt from any provision of this part requiring it be equipped with a water heater or otherwise be supplied with warm water. 114368.5. (a)  Upon receipt of complete, easily readable plans drawn to scale, and specifications satisfactory to the enforcement agency, an enforcement agency may preapprove a standard plan for a standardized or mass-produced individual unit intended to serve as a compact mobile food operation.
(b)  A person proposing to operate a compact mobile food operation who has acquired an individual unit for which the construction of the compact mobile food operation has been built to approved plans shall not be required to submit plans for the individual unit, but instead shall be subject to a final inspection of the compact mobile food operation to ensure that the individual unit and proposed method of operation conform to the standard plans preapproved pursuant to subdivision (a). The permit application for a compact mobile food operation utilizing a preapproved individual unit shall include a certification that the applicant has not substantially altered the individual units from the plans preapproved pursuant to subdivision (a).

The enforcement agency may collect a fee in the final inspection in an amount that does not exceed the reasonable administrative costs to the enforcement agency.
(c)  The repair of equipment or integral fixtures on a compact mobile food operation or the replacement of equipment and fixtures on a compact mobile food operation with substantially similar equipment or fixtures is not a remodel, and the repair or replacement of equipment or fixtures does not require the submission of plans to an enforcement agency. (d)  A local governing body may waive or reduce a fee for the permit, registration, or related services for an applicant seeking approval of a compact mobile food operation or related operations.
92 — 9 — Ch. 489
Item #6.1.

(e)  All new and replacement food-related and utensil-related equipment for a compact mobile food operation shall be certified or classified for sanitation by an American National Standards Institute accredited certification program, or a certification program accredited by another accreditation body recognized by the enforcement agency as providing substantially similar food safety and operational standards. In the absence of an applicable certified sanitation standard, food-related and utensil-related equipment shall be evaluated for approval by the enforcement agency. (f)  All new and replacement electrical appliances for a compact mobile food operation shall meet applicable Underwriters Laboratories standards for electrical equipment as determined by an American National Standards Institute accredited certification program or a certification program accredited by another accreditation body recognized by the enforcement agency as providing substantially similar food safety and operational standards.
114368.6. A compact mobile food operation is exempt from Section 113947.1 if the operator and any individual who is involved in the preparation, storage, or service of food for the compact mobile food operation has obtained a food handler card that meets the requirements of Section 113948.
114368.7. A compact mobile food operation is exempt from the requirements of Section 114315 if the compact mobile food operation operates with multiple employees or operators and the compact mobile food operation may remain operable by a single individual so that employees or operators may alternate use of a restroom.
114368.8. (a)  Notwithstanding subdivision (a) of Section 114395, a violation of this part by an operator or employee of a compact mobile food operation is punishable only by an administrative fine. (b)  A violation of any provision of this part or regulation adopted pursuant to this part by an operator or employee of a compact mobile food operation or a sidewalk vendor shall not be punishable as an infraction or misdemeanor, and an operator or employee of a compact mobile food operation or a sidewalk vendor alleged to have violated any of those provisions is not subject to arrest except when independent grounds for that arrest exist under law.
(c)  Except as provided in paragraph (d), each offense by an operator or employee of a compact mobile food operation or a sidewalk vendor may only be punished by a fine consistent with the following:
(1)  A notice of violation detailing the violation, including the applicable provision of this part or regulation adopted pursuant to this part. (2)  An administrative fine not exceeding one hundred dollars ($100) for a second violation within one year of the first violation. (3)  An administrative fine not exceeding two hundred dollars ($200) for a third violation within one year of the first violation. (4)  An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation. 92 Ch. 489 — 10 —
Item #6.1.

(d)  If a compact mobile food operation is required to obtain a permit from the enforcement agency, operating without a permit may be punishable by a fine not to exceed three times the cost of the permit in lieu of the administrative fines referenced in subdivision (c). An enforcement agency shall not issue any fines in excess of the amounts allowable pursuant to subdivision (c) prior to January 1, 2024.
(e)  (1)  When assessing an administrative fine for a first-time offense, pursuant to this section, the hearing officer shall take into consideration the person’s ability to pay the fine. The enforcement agency shall provide the person with notice of their right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.
(2)  If the person meets the criteria described in subdivision (a) or (b) of Section 68632 of the Government Code, the enforcement agency shall accept, in full satisfaction, 20 percent of the administrative fine imposed pursuant to this section.
(3)  The enforcement agency may waive the administrative fine or may offer an alternative disposition.

SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

O
92 — 11 — Ch. 489
Item #6.1.

Senate Bill No. 946
CHAPTER 459
An act to add Chapter 6.2 (commencing with Section 51036) to Part 1 of Division 1 of Title 5 of the Government Code, relating to sidewalk vendors. [Approved by Governor September 17, 2018. Filed with
Secretary of State September 17, 2018.]
legislative counsel’s digest
SB 946, Lara. Sidewalk vendors.

Existing law authorizes a local authority, by ordinance or resolution, to adopt requirements for the public safety regulating any type of vending and the time, place, and manner of vending from a vehicle upon a street.

This bill would prohibit a local authority, as defined, from regulating sidewalk vendors, except in accordance with the provisions of the bill. The bill would provide that a local authority is not required to adopt a new program to regulate sidewalk vendors if the local authority has established an existing program that substantially complies with the provisions of the bill. The bill would apply these provisions to a chartered or general law city, county, or city and county.

The bill would require a local authority that elects to adopt a sidewalk vending program to, among other things, not require a sidewalk vendor to operate within specific parts of the public right-of-way, except when that restriction is directly related to objective health, safety, or welfare concerns, and not restrict sidewalk vendors to operate only in a designated neighborhood or area, except as specified. The bill would authorize a local authority to, by ordinance or resolution, adopt additional requirements regulating the time, place, and manner of sidewalk vending, as specified, if the requirements are directly related to objective health, safety, or welfare concerns. The bill would also authorize a local authority to prohibit sidewalk vendors in areas located within the immediate vicinity of a permitted certified farmers’ market and a permitted swap meet, as specified, and to restrict or prohibit sidewalk vendors within the immediate vicinity of an area designated for a temporary special permit issued by the local authority, as specified. A violation would be punishable only by an administrative fine, as specified, pursuant to an ability-to-pay determination, and proceeds would be deposited in the treasury of the local authority.

The bill would require the dismissal of any criminal prosecutions under any local ordinance or resolution regulating or prohibiting sidewalk vendors that have not reached final judgment. The bill would also authorize a person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk 93 Item #6.1.

vending, as specified, to petition for dismissal of the sentence, fine, or conviction.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

The people of the State of California do enact as follows:

SECTION 1. (a)  The Legislature finds and declares all of the following:
(1)  Sidewalk vending provides important entrepreneurship and economic development opportunities to low-income and immigrant communities. (2)  Sidewalk vending increases access to desired goods, such as culturally significant food and merchandise.
(3)  Sidewalk vending contributes to a safe and dynamic public space. (4)  The safety and welfare of the general public is promoted by encouraging local authorities to support and properly regulate sidewalk vending.
(5)  The safety and welfare of the general public is promoted by prohibiting criminal penalties for violations of sidewalk vending ordinances and regulations.
(6)  This act applies to any city, county, or city and county, including a charter city. The criminalization of small business entrepreneurs, and the challenges that those entrepreneurs face as a result of a criminal record, are matters of statewide concern. Further, unnecessary barriers have been erected blocking aspiring entrepreneurs from accessing the formal economy, harming California’s economy in the process, and disrupting the regulation of business, which is a matter of statewide concern. Moreover, California has an interest in the regulation of traffic, a matter of statewide concern, whether in ensuring the appropriate flow of traffic or in ensuring the safety of pedestrians on the road or the sidewalk.
(b)  It is the intent of the Legislature to promote entrepreneurship and support immigrant and low-income communities.

SEC. 2. Chapter 6.2 (commencing with Section 51036) is added to Part 1 of Division 1 of Title 5 of the Government Code, to read:

Chapter 6.2. Sidewalk Vendors
51036. For purposes of this chapter, the following definitions apply:
(a)  “Sidewalk vendor” means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path.
(b)  “Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction. 93 Ch. 459 — 2 —
Item #6.1.

(c)  “Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location.
(d)  “Local authority” means a chartered or general law city, county, or city and county.
51037. (a)  A local authority shall not regulate sidewalk vendors except in accordance with Sections 51038 and 51039.
(b)  Nothing in this chapter shall be construed to affect the applicability of Part 7 (commencing with Section 113700) of Division 104 of the Health and Safety Code to a sidewalk vendor who sells food.
(c)  Nothing in this chapter shall be construed to require a local authority to adopt a new program to regulate sidewalk vendors if the local authority has established an existing program that substantially complies with the requirements in this chapter.
51038. (a)  A local authority may adopt a program to regulate sidewalk vendors in compliance with this section.
(b)  A local authority’s sidewalk vending program shall comply with all of the following standards:
(1)  A local authority shall not require a sidewalk vendor to operate within specific parts of the public right-of-way, except when that restriction is directly related to objective health, safety, or welfare concerns. (2)  (A)  A local authority shall not prohibit a sidewalk vendor from selling food or merchandise in a park owned or operated by the local authority, except the local authority may prohibit stationary sidewalk vendors from vending in the park only if the operator of the park has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire.
(B)  Notwithstanding subparagraph (A), a local authority may adopt additional requirements regulating the time, place, and manner of sidewalk vending in a park owned or operated by the local authority if the requirements are any of the following:
(i)  Directly related to objective health, safety, or welfare concerns. (ii)  Necessary to ensure the public’s use and enjoyment of natural resources and recreational opportunities.
(iii)  Necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park.
(3)  A local authority shall not require a sidewalk vendor to first obtain the consent or approval of any nongovernmental entity or individual before he or she can sell food or merchandise.
(4)  (A)  A local authority shall not restrict sidewalk vendors to operate only in a designated neighborhood or area, except when that restriction is directly related to objective health, safety, or welfare concerns. (B)  Notwithstanding subparagraph (A), a local authority may prohibit stationary sidewalk vendors in areas that are zoned exclusively residential, but shall not prohibit roaming sidewalk vendors.
(5)  A local authority shall not restrict the overall number of sidewalk vendors permitted to operate within the jurisdiction of the local authority, 93 — 3 — Ch. 459
Item #6.1.

unless the restriction is directly related to objective health, safety, or welfare concerns.
(c)  A local authority may, by ordinance or resolution, adopt additional requirements regulating the time, place, and manner of sidewalk vending if the requirements are directly related to objective health, safety, or welfare concerns, including, but not limited to, any of the following:
(1)  Limitations on hours of operation that are not unduly restrictive. In nonresidential areas, any limitations on the hours of operation for sidewalk vending shall not be more restrictive than any limitations on hours of operation imposed on other businesses or uses on the same street. (2)  Requirements to maintain sanitary conditions.
(3)  Requirements necessary to ensure compliance with the federal Americans with Disabilities Act of 1990 (Public Law 101-336) and other disability access standards.
(4)  Requiring the sidewalk vendor to obtain from the local authority a permit for sidewalk vending or a valid business license, provided that the local authority issuing the permit or business license accepts a California driver’s license or identification number, an individual taxpayer identification number, or a municipal identification number in lieu of a social security number if the local authority otherwise requires a social security number for the issuance of a permit or business license, and that the number collected shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the permit or licensure program or comply with a state law or state or federal court order. (5)  Requiring the sidewalk vendor to possess a valid California Department of Tax and Fee Administration seller’s permit. (6)  Requiring additional licenses from other state or local agencies to the extent required by law.
(7)  Requiring compliance with other generally applicable laws. (8)  Requiring a sidewalk vendor to submit information on his or her operations, including, but not limited to, any of the following:
(A)  The name and current mailing address of the sidewalk vendor. (B)  A description of the merchandise offered for sale or exchange. (C)  A certification by the vendor that to his or her knowledge and belief, the information contained on the form is true.
(D)  The California seller’s permit number (California Department of Tax and Fee Administration sales tax number), if any, of the sidewalk vendor.
(E)  If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal. (d)  Notwithstanding subdivision (b), a local authority may do both of the following:
(1)  Prohibit sidewalk vendors in areas located within the immediate vicinity of a permitted certified farmers’ market or a permitted swap meet during the limited operating hours of that certified farmers’ market or swap meet. A “certified farmers’ market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the 93 Ch. 459 — 4 —
Item #6.1.

Food and Agricultural Code and any regulations adopted pursuant to that chapter. A “swap meet” means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.
(2)  Restrict or prohibit sidewalk vendors within the immediate vicinity of an area designated for a temporary special permit issued by the local authority, provided that any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the local authority’s temporary special permit are also provided to any sidewalk vendors specifically permitted to operate in the area, if applicable. For purposes of this paragraph, a temporary special permit is a permit issued by the local authority for the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, or outdoor concerts. A prohibition of sidewalk vendors pursuant to this paragraph shall only be effective for the limited duration of the temporary special permit. (e)  For purposes of this section, perceived community animus or economic competition does not constitute an objective health, safety, or welfare concern.
51039. (a)  (1)  A violation of a local authority’s sidewalk vending program that complies with Section 51038 is punishable only by the following:
(A)  An administrative fine not exceeding one hundred dollars ($100) for a first violation.
(B)  An administrative fine not exceeding two hundred dollars ($200) for a second violation within one year of the first violation. (C)  An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation. (2)  A local authority may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations. (3)  (A)  If a local authority requires a sidewalk vendor to obtain a sidewalk vending permit from the local authority, vending without a sidewalk vending permit may be punishable by the following in lieu of the administrative fines set forth in paragraph (1):
(i)  An administrative fine not exceeding two hundred fifty dollars ($250) for a first violation.
(ii)  An administrative fine not exceeding five hundred dollars ($500) for a second violation within one year of the first violation. (iii)  An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one year of the first violation. (B)  Upon proof of a valid permit issued by the local authority, the administrative fines set forth in this paragraph shall be reduced to the administrative fines set forth in paragraph (1), respectively. (b)  The proceeds of an administrative fine assessed pursuant to subdivision (a) shall be deposited in the treasury of the local authority. 93 — 5 — Ch. 459
Item #6.1.

(c)  Failure to pay an administrative fine pursuant to subdivision (a) shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in subdivision (a) shall not be assessed.
(d)  (1)  A violation of a local authority’s sidewalk vending program that complies with Section 51038, or a violation of any rules or regulations adopted prior to January 1, 2019, that regulate or prohibit sidewalk vendors in the jurisdiction of a local authority, shall not be punishable as an infraction or misdemeanor, and the person alleged to have violated any of those provisions shall not be subject to arrest except when permitted under law. (2)  Notwithstanding any other law, paragraph (1) shall apply to all pending criminal prosecutions under any local ordinance or resolution regulating or prohibiting sidewalk vendors. Any of those criminal prosecutions that have not reached final judgment shall be dismissed. (e)  A local authority that has not adopted rules or regulations by ordinance or resolution that comply with Section 51037 shall not cite, fine, or prosecute a sidewalk vendor for a violation of any rule or regulation that is inconsistent with the standards described in subdivision (b) Section 51038. (f)  (1)  When assessing an administrative fine pursuant to subdivision (a), the adjudicator shall take into consideration the person’s ability to pay the fine. The local authority shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination.

The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program. (2)  If the person meets the criteria described in subdivision (a) or (b) of Section 68632, the local authority shall accept, in full satisfaction, 20 percent of the administrative fine imposed pursuant to subdivision (a). (3)  The local authority may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition. (g)  (1)  A person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk vending, whether by trial or by open or negotiated plea, who would not have been guilty of that offense under the act that added this section had that act been in effect at the time of the offense, may petition for dismissal of the sentence, fine, or conviction before the trial court that entered the judgment of conviction in his or her case.
(2)  Upon receiving a petition under paragraph (1), the court shall presume the petitioner satisfies the criteria in paragraph (1) unless the party opposing the petition proves by clear and convincing evidence that the petitioner does not satisfy the criteria. If the petitioner satisfies the criteria in paragraph (1), the court shall grant the petition to dismiss the sentence or fine, if applicable, and dismiss and seal the conviction, because the sentence, fine, and conviction are legally invalid.
93 Ch. 459 — 6 —
Item #6.1.

(3)  Unless requested by the petitioner, no hearing is necessary to grant or deny a petition filed under paragraph (1).
(4)  If the court that originally sentenced or imposed a fine on the petitioner is not available, the presiding judge shall designate another judge to rule on the petition.
(5)  Nothing in this subdivision is intended to diminish or abrogate any rights or remedies otherwise available to the petitioner. (6)  Nothing in this subdivision or related provisions is intended to diminish or abrogate the finality of judgments in any case not falling within the purview of this chapter.

SEC. 3. The Legislature finds and declares that Section 2 of this act, which adds Section 51038 to the Government Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:

The Legislature finds and declares that in order to protect the privacy of a sidewalk vendor with regard to his or her California driver’s license or identification number, individual taxpayer identification number, or municipal identification number, when that number is collected in lieu of a social security number for purposes of the issuance of a permit or business license, it is necessary that the sidewalk vendor’s number be confidential, except as provided in this act.

O
93 — 7 — Ch. 459
Item #6.1.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Yudiana Galvan, City of Calistoga | City Clerk
Meeting: City Council - Dec 03 2024
Subject: City Boards and Commissions Appointments
AGENDA TITLE:

Appointments to the Active Transportation Committee, Green Committee, Housing Advisory Committee and the Planning Commission.

RECOMMENDATION:

Consider the recommendations and adopt the Resolution.

SUMMARY:

Under Government Code § 40605 the Mayor, with the approval of the City Council, shall make all appointments to boards, commissions, and committees. The current openings include two (2) members on the Active Transportation Committee, three (3) members on the Green Committee, three (3) members on the Housing Advisory Committee and two (2) members on the Planning Commission. The open positions were advertised on the City website, in the local newspaper and on various bulletin boards in the City.

The recommended Resolution would show 2 vacancies in the Active Transportation Committee for the 2 year term ending 12/31/2 as there were no applicants.

The recommended Resolution would confirm the Mayor's appointment ofBobbie Casie, John Gleazer and Antoinette Mailliard to the Green Committee for a 2-year term ending 12/31/26.

The recommended Resolution would confirm the Mayor's appointment of Lana Richardson, Karin Maurer, and Eugene Gorman to the Housing Advisory Committee for a 2-year term ending 12/31/26.

The recommended Resolution would confirm the Mayor's appointment of Michael Vaughn and Emily Bucchianeri to the Planning Commission for a 2-year term ending 12/31/26.

CEQA STATUS:

None
ATTACHMENT(S):

Resolution Appointing Boards and Commissions
GREEN - Casey, Bobbie_Redacted
GREEN - Gleazer, John_Redacted
Item #7.1.

GREEN - Maillard, Antoinette_Redacted
HOUSING - Heitz, Peter_Redacted
HOUSING - Maurer, Karin_Redacted
HOUSING - Richardson, Lana_Redacted
PLANNING - Kaiser, Richard_Redacted
PLANNING - Vaughn, Michael_Redacted
PLANNING & HOUSING - GORMAN, Eugene_Redacted
PLANNING - Bucchianeri_Redacted
APPROVAL(S):

Laura Snideman, City of Calistoga | City Manager Approved - Nov 25 2024 Yudiana Galvan, City of Calistoga | City Clerk Approved - Nov 25 2024 Item #7.1.

RESOLUTION NO. 2024-XX
ADOPTED DECEMBER 3, 2024

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

OF NAPA, STATE OF CALIFORNIA, CONFIRMING THE MAYORS APPOINTMENTS

TO THE ACTIVE TRANSPORTATION COMMITTEE, GREEN COMMITTEE AND THE

PLANNING COMMISSION
WHEREAS, California Government Code Section 65300 states that the Mayor, with the approval of the City Council, shall make all appointments to boards, commissions, and committees; and
WHEREAS, the State of California has adopted the “Maddy Appointive List Act”, which requires the preparation of a list of all regular and ongoing commissions and committees appointed by the local legislative body. The Act also requires public notice to be given anytime a vacancy occurs on any of these ongoing bodies; and WHEREAS, the City Council wishes to utilize the largely untapped reservoir of talent which exists among the citizenry that all too frequently is not aware of the opportunities for participation on local regulatory and advisory boards and commissions; and
WHEREAS, pursuant to State Legislation the City Council of the City of Calistoga is required to appoint representatives for the Planning Commission.

NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Calistoga hereby confirms the Mayor’s appointment of the following two (2) individuals to two-year terms on the Active Transportation Committee expiring 12/31/23:

WILL REMAIN VACANT DUE TO NO APPLICANTS
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Calistoga hereby confirms the Mayor’s appointment of the following three (3) individuals to two- year terms on the Green Committee expiring 12/31/26:

BOBBIE CASEY, JOHN GLEAZER AND ANTOINETTE MAILLARD
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Calistoga hereby confirms the Mayor’s appointment of the following three (3) individuals to two-year terms on the Housing Advisory Committee expiring 12/31/26:

LANA RICHARDSON, KARIN MAURER AND EUGENE GORMAN
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Calistoga hereby confirms the Mayor’s appointment of the following two (2) individuals to two-year terms on the Planning Commission expiring 12/31/26:

MICHAEL VAUGHN AND EMILY BUCCHIANERI
Item #7.1.

Resolution No. 2024- XX

PASSED, APPROVED AND ADOPTED this 3
rd day of December 2024. I,

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

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
__________________________ __________________________
Yudiana Galvan, City Clerk Donald Williams, Mayor
Item #7.1.

CITY OF CALISTOGA
Boards and Commissions Application
Citizens are encouraged to serve on the various City commissions. Applicationswillbe reviewed and interviews may be scheduled with the City Council. Commission appointments are made ata regular meeting of the City Council.

Application is for:

City Active Transportation Committee Napa County ActiveTransportation Committee If City Green Committee Napa County Mosquito Abatement Board City Housing Advisory Committee Napa County Library Commission City Planning Commission Other:

Name: Casey Bobbie M
Last First MI.

A A E A 4 n A Ann
Telephone: same Email:
”“qu “V "M”. meCell Home
HomeAdress:_ Street, Calistoga, CA 94515
Mailing Address: same
t t, F. ,41 . P s M .AiodkF du
Business Address: 8 ree S CA 9 05
Occupation:
mm me" my" u " W" a a
Are you a resident of the City of Calistoga? yes Years of Residency: 3'5 If not, do you reside within the Calistoga Joint Uni?ed School District? List any other boards or commissions on which you have or currently serve and the years of service:

Arts+ Scholars Foundation, Board Chair for 3 years from 2021-2024 ‘ BS Strategic Management, Dominican University. San Rafael:CA Education and/or related baclground:

Licenses or special certi?cates held: LUMACertification in Human Centered De5ign . . i . . _ ASHE FaunmionPM-nlhnpbmo
List any Organizations you belong to (professonal, community, serVices etc.):

Vanni-Ir Cminllur rmc-iuum Minivan-yawn valvular h Clllwg: sum-mm5mm Mum-r oi Rina-y small-b... Ann-swim : 5mm cum-r Item #7.1.

State speci?cally why you wish to serve, why you believe you are quali?ed for the position and what you may contribute to the group:
l'd loveto see Calistoga as a destination for green tourism, clean tech businesses, and lami?esthat care about sustainsblity.

Through my work, I support 17 clean tech startups and 3 clean tech accelerators with solutions for climate change.

Familiarity with sustainable technologies, products, programs, and services that might support residents Abusinesses In Callstogs.

VickiEdwards. References (include name and daytime phone number; (1) mMillie Pease,
I am willing to share my personal email address and phone number with the public during my appointment on the Board or Committee: I’ YES No
Disclosure and Regulatog Requirements
Within 30 days of appointment, all members willbe required to file an Assuming Of?ce Statement of Economic Interests (Form 700) and annual reporting after that. Statements of Economic Interest provide informationto the public about a member’s personal ?nancial interests to ensure all member contributions to the committee are in the best interest of the community and serve as a reminder of potential conflicts of interest. Allmembers will also be required to take 2 hours of AB 1234 Ethics Training and Brown Act Training every 2 years.

Please initialto indicate you understand the requirements ifappointed:

BC I understand and willfulfillthe Statement of Economic Interest requirement in a timely manner. I BC understand and willful?llthe AB 1234 Ethics Training requirement in a timely manner.

BC Iunderstand and willful?llBrown Act Training requirement in a timely manner.

BC I understand that lailure to ful?ll these requirements may result in being removed.

I have suf?cient time to devote tot his responsibility and plan to attend the required meetings if I am appointed and I acknowledge that I have read and understand the disclosure and regulatory requirements.
11/4/2024
ApplicantSignature\/< Date
Completed applications should [e submittedto the City Clerk — 1232 Washington Street, &|istoga CA 94515 or by email to ygalvachaIistgacagt-J — Questions to 707—942-2807 Item #7.1.

CITY OF CALISTOGA
Boards and Commissions Application
Citizens are encouraged to serve an the various City commissions. Applications willbe reviewed and interviews may be scheduled with the City Council. Commission appointments are made at a regular meeting of the City Council.

Application is for:

City Active Transportation Committee Napa County Active Transportation Committee I City Green Committee Napa County Mosquito Abatement Board City Housing Advisory Committee Napa County Library Commission City Planning Commission Other:

Name: Gleazer John L
Last First MI.

Telephone: _ _ Email;_ _
Cell Home
HomeAmss: Street, Calistoga, CA 94515
Maumg Address: Street, Calistoga, CA 9451 5
Business Address: Occupation; retl red
Are you a resident of the City of Calistoga? Yes Years of Resrdency: 18 yrs Ifnot, do you reside withinthe Calistoga Joint Uni?ed School District? List any other boards or commissions on which you have or currently serve and the years of service:

Education and/or related background:

B.A. Univ Wisconsin
Licenses or special certi?cates held:

List any Organizations you belong to (professional. community, services etc):

SH Community Band, Calistoga Green Committee, Global Dental Relief Item #7.1.

State specifically why you wish to serve, why you believe you are quali?ed for the position and what you may contribute to the group:
(See attached)
Clark Mishler, M" "L" 7"“
References (include name and daytime phone number: (1)
(2) Erika Pusey,
I am willing to share my personal email address and phone number with the public during my appointment on the Board or Committee: / Yes No
Disclosure and Regulatory Reguirements
Within 30 days of appointment all members will be required to ?le an Assuming Of?ce Statement of Economic interests (Form 700) and annual reporting alter that. Statements of Economic interest provide informationto the public about a member’s personal ?nancial interests to ensure all member contributions to the committee are in the best interest of ?re community and serve as a reminder of potential con?icts of interest. All members will also be required to take 2 hours of AB 1234 Ethics Training and Brown Act Training every 2 years.

Please initial to indicate you understand the requirements if appointed:
i understand and willful?ll the Statement of Economic interest requirement in a timely manner. I understand and willful?ll the AB 1234 Ethics Training requirement in a timely manner, i understand and willful?llBrown Act Training requirement in a timely manner.

I understand that failure to ful?ll these requirements may result in being removed.

I have suf?cient time to devote tot his responsibility and plan to attend the required meetings ifl am appointed and Iacknowledge that I have read and understand the disclosure and regulatory requirements,
NOV8, 2024
Appi ant Signature Date
Completed applications should be submitted to the City Clerk — 1232 Washington Street.Callstoga CA 94515 or by email to ygaivangcalistggacagov -Questions to 707-942—2807 Item #7.1.

Addendum to Green Committee Application Nov 6, 2024
Irecognize that Calistoga has tremendous opportunities as it grows to improve the environment and the health of its citizens with a focus on clean air, open space, an appreciation for the natural environment and promoting clean and renewable energy.

As a former member of the Green Committee, l have helped persuade the city that prohibiting the air and sound pollution from gasoline powered leaf blowers in our community would be a good thing, I advocated for a replacement of the gasoline powered shuttle bus with an EV capable of performing the same service because I believe it would be a good thing.

Iwill continue to advocate for an environment conducive to our community's health. i willadvocate for a pedestrian bridge over the Napa River at South Oak Street so that folks from the south side of the Napa River, many young people, can walk or ride bikes directly to the Logvy Park for soccer or swimming and activities at the Boys & Girls Club, even easy access to the Fairgrounds or High School. The option to go to Berry Street and up narrow Washington is not a safe one for kids, 1have been a member of the ATAC committee and continue to appreciate the values we promote in common.

We all are aware of the changes in our climate world wide. The problem is so great that it willtake everyone to do something on all levels. My focus will be to suggest ways to reduce the burning of fossil fuels, largely responsible for the historical high levels of carbon dioxide in our atmosphere. Efforts on a small town level is something we can, and should do.

Iwill push for good communication with city staff. We know many committee members are volunteers, but through their interest and research and motivation to contribute, they decide, by vote, what beneficial suggestions to submit to the city council. IfI am appointed, Iwillgladly work with anyone in any office of our city government who is willing to consider our good faith efforts.
»John Gleazer
Item #7.1.

CITY OF CALISTOGA
Boards and Commissions Application
Citizens are encouraged to serve on the various City commissions. Applicationswillbe reviewed and interviews may be scheduled with the City Council. Commission appointments are made at a regular meeting of the City Council.

Application is for:

City Active‘TransporlationCommittee Napa County Active Transportation Committee X City GreenCommittee I: Napa County Mosquito Abatement Board _ City Housing Advisory Committee l: Napa County Library Commission El City Planning Commission Other:

Name: Mg.1”£ch Afdfgm‘d 6
Last First MI.

Telephone: _ '_ Email:
___w .
4 Cell Home
Home Adress:
7 _ L ?t Q‘?hrafjd— , K; 74:15
MailingAddress: ‘ gmm’
Business Address: Occupation: Kgifub
Are you a resident of the City 01Calistoga’? 7;;5, Years of Residency: £0 + If not, do you reside within the Calistoga Joint Uni?ed School District? List any other boards or commissions on which you have or currently serve and the y grjof service:

Cylishib 9w! COMMI'Hz? 157(15 ‘ W Fwi W JWLW m rqmwrt
Education and/or related background: IDA» 4- MM
Licenses or special certi?cates held:

List any Organizations you belong to (professional, community, services etc):

Item #7.1.

State speci?cally why you wish to serve, why you believe you are quali?ed for the position and what you may contribute to the group:
’
" '
12 g; gmgwiui MW
MAM wit/LLWW WIBIICQ Tb mplw w .94, ohm}.

References (include name and daytime phone number: (1) Maui-uEtleu 1:15;an _ _ WSW“ . _ I am willingto share my personal email address and phone number with the public during my appointment on the Board or Committee:

Disclosure and Regulatom Reguirements
Within 30 days of appointment, all members willbe required to ?le an Assuming Office Statement of Economic Interests (Form 700) and annual reporting after that. Statements of Economic Interest provideintormation to the public about a member's personal ?nancial interests to ensure all member contributions to the committee are in the best interest of the community and serve as a reminder of potential con?icts of interest. All members willalso be required to take 2 hours of AB 1234 Ethics Training and Brown Act Training every 2 years.

Please initialto indicate you understand the requirements if appointed:

I understand and willful?llthe Statement of Economic interest requirement in a timely manner.

I understand and willfulfillthe AB1234 Ethics Training Requirement in a timely manner.

I understand and willfulfillBrown Act Training Requirement in a timely manner.

I understand that failure to ful?ll these requirements may result in being removed. l have sufficient time to devote tot his responsibility and plan to attend the required meetings ifI am appointed and I acknowledge that I have read and understand the disclosure and regulatory requirements.

A EM;[tag a t‘awmzazlt
Applicant Signature Date
Completed applications should be submitted to the City Clerk— 1232 Washington Street, Calistoga CA 94515 or by email to [email protected] — Questions to 707-942-2807 Item #7.1.

CITY OF CALISTOGA
Boards and Commissions Application
Citizens are encouraged to serve on the various City commissions. Applications will be reviewed and interviews may be scheduled with the City Council. Commission appointments are made at a regular meeting of the City Council.

Application is for.

City Active Transportation Committee Napa County Active Transportation Committee City Green Committee Napa County Mosquito Abatement Board ,/ City Housing Advisory Committee Napa County Library Commission City Planning Commission Other:

Name; Heitz, Peter, A
Last First MI.

Telephone. Email: _
Cell Home
Home Adm; Caiisioga, CA 9451 5
Mailing Address: same
Business Address: Occupation: winemaker
Are you a resident of the City of Calistoga? yes Years of Residency: 26 Ifnot, do you reside within the Calistoga Joint Uni?ed School District? List any other boards or commissions on which you have or currently serve and the years of service:

Education and/orreiated background: BS BiOIOQV’ UC santa CI'UZ Licenses or special certi?cates held:

Calist a Wine rowers
List any Organizations you belong to (professional, community, services etc.): 09 g Item #7.1.

State speci?cally why you wish to serve, why you believe you are quali?ed for the position and what you may contribute to the group:

I care about our town of Calistoga. I am organized, detail-oriented and open minded.

References (include name and daytime phone number: (1)
(2)
I am willing to share my personal email address and phone number with the public during my appointment on the Board or Committee: ‘2 Yes E No
Disclosure and Regulating Rguiremenls
Within 30 days of appointment, all members will be required to ?le an Assuming Ot?ce Statement of Economic Interests (Form 700) and annual reporting after that. Statements of Economic Interest provide information to the public about a member‘s personal ?nancial interests to ensure all member contributions to the committee are in the best interest at the community and serve asa reminder of potential con?icts of interest. Allmembers will also be required to take 2 hours ofAB 1234 Ethics Training and Brown Act Training every 2 years.

Please initial to indicate you understand the requirements if appointed:

I understand and will ful?ll the Statement of Economic Interest requirement in a timely manner. I understand and will fuI?ll the AB 1234 Ethics Training requirement in a timely manner.

I understand and will ful?ll Brown Act Training requirement in a timely manner.

I understand that failure to ful?ll these requirements may result in being removed.

I have sul?cient time to devote tot his responsibility and plan to attend the required meetings ifI am appointed and I acknowledge that I have read and understand the disclosure and regulatory requiremen .
‘ 11.7.2024
HARMSignature Date
Completed applications should be submitted to the City Clerk — 1232 W$hington Street, Cdistuga CA 94515 or by email to malvaanglistggawgov— Questions to 707-942-2807 Item #7.1.

CITY OF CALISTOGA
Boards and Commissions Application
Citizens are encouraged to serve on the various City commissions. Applications will be reviewed and InterVIews may be scheduled with the City Council, Commission appointments are made at a regular meeting of the City Council.

Application is for:

City Active Transportation Committee Napa County Active Transportation Committee City Green Committee Napa County Mosquito Abatement Board I City Housing Advisory Committee Napa County Library Commission City Planning Commission Other:

Name: Maurer, Karin
Last First MI.

Telephone: Email:

Call Home
Home Adress: Calistoga, CA 94515
Mailing Address:

Property Manager
4 Business Address: Occupation.

Yes Are you a resident of the City of Calistoga? Years of Residency:

If not, do you reside within the Calistoga Joint Unified School District? List any other boards or commissions on which you have or currently serve and the years of serVIce:

Real estate, lending and property management Education and/or related background:

Licenses or special certificates held:

List any Organizations you belong to (professional, community, services etc):

Item #7.1.

State specrfically why you wish to serve, why you believe you are qualified for the position and what you may contribute to the group:

I'm keen to learn about local politics and put my past skills to use to find a good balance of retaining our town's charm, while not disrupting current residents.

I A 4 L- En” “0'17
References (include name and daytime phone number: (1) camevaSqueZ (2) Masey Chasey 7
lam willing to share my personal email address and phone numberwith the public during my appointment on the Board or Committee: /
Disclosure and Regulatory Requirements
Within 30 days of appointment, all members will be required to ?le an Assuming Office Statement of Economic interests (Form 700) and annual reporting after that. Statements of Economic Interest provide informationto the public about a member’s personal financial interests to ensure all member contributions to the committee are in the best interest of the community and serve as a reminder of potential conflicts of interest. All members will also be required to take 2 hours ofAB 1234 Ethics Training and Brown Act Training every 2 years.

Please initial to indicate you understand the requirements if appointed km I understand and willfulfillthe Statement of Economic interest requirement in a timely manner. km I understand and willfulfillthe AB 1234 Ethics Training ReqUirement in a timely manner, km l understand and willful?ll Brown Act Training Requirement in a timely manner. km I understand that failure to fulfillthese requirements may result in being removed. l have suf?cient time to devote tot his responsibility and plan to attend the required meetings if i am appointed and l acknowledge that l have read and understand the disclosure and regulatory requirements,
SK 11/7/2024
Applicant Signature Date
Completed applications should be submitted to the City Clerk — 1232 Washington Street, Calistoga CA 94515 or by email to ygalvan@caiistooaca go — Questions to 707-942-2807 Item #7.1.

\ CITY OF CALISTOGA
Boards and Commissions Application
Citizens are encouraged to serve on the various City commissions. Applications willbe reviewed and interviews may be scheduled with the City Council. Commissionappointments are made at a regular meeting of the City Council.

Application is for:

CityActiveTransportation Committee Napa County ActiveTransportation Committee City Green Committee Napa County Mosquito Abatement Board ,/ City Housing Advisory Committee Napa County Library Commission City Planning Commission Other:

Name: Richardson, Lana B
Last First MI.

Telephone: Email: _ Cell Home
Home Adress: ; Calistoga
Same
MailingAddress:

R t' BusinessAddresszmm - h le&B
Occupation:
“red c 9 owner
Y 26
Are you a resident of the City of Calistoga?
es
Years of Residency:

Ifnot.do you reside withinthe Calistoga Joint Uni?edSchool District? List any other boards or commissions on which you have or currently serve and the ywrs of seNice:

Hope to join CAHand provide bridge into between the two housing related groups .

I've sewed on HAOsince June 21: even when wasn‘t reappointed Education and/or related background:

I attended mtgs. Knowledgeable about housing related legislation and Housing Element . . . N/A
Licenses orspecral certi?cates held:
_ _ _ _ _ Ex erience with
List any Organizations you belong to (professional, community, servrces etc):
p
Updating Housing Element for State Approval
Item #7.1.

State speci?cally why you wish to serve, why you believe you are quali?ed forthe position and what you may contribute to the group:

I am knowledgeable about housing laws and have experience that willhelp with update of the Approved Housing Element Focus is now on ‘missing middle’ housing See attached for additional information
LaurelGourd, References (include name and daytime phone number; (1) (2) JeffJohnson,
I am willing to share my personal email address and phone number with the public during my appointment on the Board or Committee: / Yes No
Disclosure and Regulatog Reguirements
Within30 days of appointment. all members willbe required to ?le an Assuming Of?ceStatement of Economic Interests (Form 700) and annual reporting alter that. Statements of Economic Interest provide informationto the public about a member’s personal ?nancial interests to ensure all member contributionsto the committee are in the best interest of the community and serve as a reminder of potential con?icts of interest. All members will also be required to take 2 hours of AB 1234 Ethics Training and BrownActTraining every 2 years.

Please initial to indicate you understand the requirements if appointed:
1&4understand and willful?llthe Statement of Economic Interest requirement in a timely manner. I Yes ”(understand and willful?llthe AB 1234 Ethics Training requirement in a timely manner.

Yes ”Aunderstand and willful?llBrown Act Training requirement in a timely manner.

Yes {i”Lunderstandthat failure to ful?llthese requirements may result in being removed. ,v
l have sufficient time to devote tot his responsibility and plan to attend the required meetings ifl am appointed and I acknowledge that I have read and understand the disclosure and regulatory requirements.
' 1
, /’ ,/ '
“r Milk/Magnet . VL/‘V 1111mm i l 7
—,————————
Applicant Signature Date
Completed applications should be submitted to the City Clerk— 1232 Washington Street. Calistoga CA 94515 or by email to [email protected] — Questions to 707-942-2807 Item #7.1.

City Housing Advisory Committee application - Lana Richardson ///I ,2 . ,
?hy you wishto serve —
I’vebeen a full-time resident of ('alistoga for more than I‘years.During that ?me l was owner/operator of 2 home—basedhospitality businesses- 3&8 and CookingSchoolfor more than 20 years. Over the courseof meeting thousands of people visiting Calistoga, the consistent statement was how much they loved the rural, smalltown character and ‘laid-back’feeling it encourages. Exactlywhat the citizenry loves as well.

The General Plan embraces and emphasizes these valus in many places. It isimportant that as we implement the updates to the Housing Element of the General Plan,we also retain and embrace these characteristics of Callstoga’s identity. I have gained insight and been ach've in discussing ideas of meeting the challenge of providing increased housing for low and middle income citizens of Calistoga while retaining the small-town character.

Whilesewing on the Housing Advisory Committee, I researched and gained a deeper understanding of housing related State legislation (e.g. 5835; $3423; 53330; $39; ABIOSB).Whilewe may not completely agree with this legislation, it de?nitely impacts Calistoga’s housing goals and the Housing Element of the General Plan. Ithink it is important that appointees to HACunderstand this and other housing legislation while implementing action items related to the Housing Element whichwas submitted and approved by the State. IfCalistoga fails to meet the Sate approved timeline and implementation of action items, it could result in unnecessary penalties.

Item #7.1.

Item #7.1.

CITY OF CALISTOGA
Boards and Commissions Application
Citizens are encouraged to serve on the various City commissions, Applications willbe reviewed and interviews may be scheduled with the City Council.Commission appointments are made at a regular meeting of the City Council.

Application is for:

City Active Transportation Committee Napa County Active Transportation Committee City Green Committee Napa County MosquitoAbatement Board City Housing Advisory Committee
_ Napa County Library Commission
/ City Planning Commission Other.

Name: Kaiser, Richard P
Last First MI.

Telephone: Email:

Cell Home
Home Mess: Avenue, Caiistoga, CA 94515
Avenue, Calistoga, CA 94515 Mailing Address:

Business Address: Occupation: CPA
Are you a resident of the City of Calistoga? Yes Years of Residency: 9 Years if not, do you reside within the Calistoga Joint UnifiedSchool District? N/A List any other boards or commissions on which you have or currently serve and the years of service:

School Bond Oversight - 2 Years
B.S. - Accounting & Marketing, CPA for 41 years, Education and/or related background:

Financial Planner for 33 years
Licenses orspecial certi?cates held: CPA, and had Certified Financial Planning designation that let expire last year
Caisitoga Rotary List any Organizations you belong to (professional, community, services etc):

Calistoga Chamber of Commerce, Calistoga Winegrowers, Napa Valley Migrant Worker Housing Committee Item #7.1.

State specifically why you wish to serve, why you believe you are qualified for the position and what you may contributeto the group:

Have sewed 1 plus terms and have been an involved planning commissionerr Have several ideas about improving work force housing and keeping the overall small town feel of Calistoga in tact.

References (include name and daytime phone number: (1) Dan Kalser (2) Vincent Arroyo
Iam willing to share my personal email address and phone number with the public during my appointment on the Board or Committee: / Yes No
Disclosure and Regulatoy Reguirements
Vi?thin30 days of appointment, all members will be required to file an Assuming Office Statement of Economic Interests (Form 700) and annual reporting afterthat. Statements of Economic interest provide information to the public about a member‘s personal ?nancial interests to ensure all member contributions to the committee are in the best interest of the community and serve as a reminder of potential con?icts of interest All members will also be required to take 2 hours ofAB 1234 Ethics Training and Brown Act Training every 2 years.

Please initialto indicate you understand the requirements if appointed:

I understand and willful?llthe Statement of EconomicInterest requirement in a timely manner. I understand and will ful?ll the AB 1234 Ethics Training requirement in a timely manner‘ I understand and willful?llBrown Act Training requirement in a timely manner.

I understand that failure to fulfillthese requirements may result in being removed.

I have suf?cient time to devote tot his responsibility and plan to attend the required meetings ifIam appointed and i acknowledge that! have read and understand the disclosure and regulatory requirements.
11/06/2024
Applicant Sig nature Date
Completed applications should be submitted to the City Clerk - 1232 Washington Street, Calistoga CA 94515 or by email to ygalvan@calistogaca,gov — Questions to 707-942-2807 Item #7.1.

CITY OF CALISTOGA
Boards and Commissions Application
Citizens are encouraged to serve on the various City commissions. Applications will be reviewed and interviews may be scheduled with the City Council. Commission appointments are made at a regular meeting of the City Council.

Application is for;
City Active Transportation Committee Napa County Active Transportation Committee City Green Committee Napa County Mosquito Abatement Board City Housing Advisory Committee Napa County Library Commission A City Plan ing Commission . Other:
1 Name: MU; LP] ”IK\C£\0L€ \ E
Last | First MI.
’ . -
l i /I..; l
‘
‘
Telephone: Email: _ _ ‘-_ _
- wr
:
ell D Home
‘? l
~-’—~ -- *5 v /‘ ._ -
Home Adress: '_ . l
Mailing Address: ”iii—MR
NA P
‘
Business Address: Occupation: CT! (39/0
Are you a reSident of the City of Calistoga? 2 Years of Residency: (7 If not, do you reside within the Calistoga Joint Unified School District? List any other boards or commissions on which you have or currently serve and the years of service:

A/lLECM {Q IQLA-MOvanCOMMIs?i 0W3 5’yell-£5
Education and/or related background: 50 V{EA-E5 EvQLTD. k Cat, 6/44/55 Licenses or special certificates held:

List any Organizations you belong to (professional, community, services etc):

Item #7.1.

State specifically why you wish to serve, why you believe you are quali?ed for the position and what you may contribute to the group:
ewrhme’.meadow peopleamong}; 01v 156in:96,he
Missy-«r, Midi-L91. Vimwi Eu 1 “WU/“MRthat; 72M711Wu?i?a li 11mm.

References (include name and daytime phone number: (1) (,th QiéWa?-Cléu) (2) ’lA—uIWQIJ
I am willing to share my personal email address and phone number with the public during my appointment on the Board or Committee: E
Disclosure and Regulatory Reguirements
Within30 days of appointment, all members willbe required to file an Assuming Of?ce Statement of Economic Interests (Form 700) and annual reporting afterthat. Statements of Economic Interest provide information to the public about a member’s personal financial interests to ensure all member contributions to the committee are in the best interest of the community and serve as a reminder of potential conflicts of interest. Allmembers will also be required to take 2 hours of AB 1234 Ethics Training and Brown Act Training every 2 years.

Please initialto indicate you understand the requirements ifappointed:
g" I understand and willfulfillthe Statement of Economic interest requirement in a timely manner. ”It,
,
I understand and willfulfillthe AB 1234 Ethics Training Requirement in a timely manner. 2111/; I understand and willfulfillBrown Act Training Requirement in a timely manner. {lit I understand that failure to fulfillthese requirements may result in being removed.

I have sufficient time to devote tot his responsibility and plan to attend the required meetings if I am appointed and I acknowledge that l have read and understand the disclosure and regulatory requirergents.
)4.

Completed applications should be submitted to the City Clerk— 1232 Washington Street, Calistoga CA 94515 or by email to [email protected] — Questions to 707—942-2807 jpcz 5’. 2 5/
Date
Item #7.1.

CITY OF CALISTOGA
Boards and Commissions Application
Citizens are encouraged to serve on the various City commissions. Applications willbe reviewed and interviews may be scheduled with the City Council Commission appointments are made at a regular meeting of the City Council.

Application is for:

City Active Transportation Committee Napa County Active Transportation Committee City Green Committee Napa County Mosqiiito Abatement Board a City Housing Advisory Committee Napa County LibraryCommission 2 City Planning Commission Other:

Name: G axe/MW Edgar/E ?ve—Ive) M
Last First MI.
, 446. ”A ll , .

Telephone:
y
7 7
y _ 1
Cell Home
I
Home Adress: €172KFdC? 75/37F
MailingAddress: f/A 14760[E
BusinessAddress: Occupation: [57710.50
Are you a resident of the City of Calistoga'? 255 Years of Residency: 3 ya 25416 Ifnot. do you reside within the Calistoga Joint Uni?ed School District? Listany other boards or commissions on whichyou have or currently serve and the years of service ?ows/lug AA1/156:62 Comm 772:; 1+ mm
Education and/or related background. ”54F”22+ Vglflr éKfom @FfN/f/et? ?it/5w fiIE/Vf FM1277 a» am we Ali/mom ?mm
714: 26’ yaw 72?:‘0114’4067agar/us (C?L/#o?I/Mj)
Licenses or special certificates held:

Listany Organizations you belong to (professional, community, services etc):

Item #7.1.

City of Calistoga Boards & Commissions Application

Organizations to which you belong (professional, technical, community, services):

State speci?cally why you wish to serve, why you believe you are qualified for the position, and what you might contribute to the group:

Ml!!! f/E?f beam/u; @W?lx?Jw/t/r ram/Mg arrai—
xioz ?w/MIA: a; :71an gm; gym/gr wm/rqmy?
Add. 4%(01’ 7rf7uA/IC/FAL/774-Cr ?ed f0 twf?ecvad
(27/177751 mam/M4 ?/gyc Mara/a éauJ-Wm ("?ame
?zz/r swam/41¢} “"(??'?a?c?i?s?ngaéfm’w?wm @F’Vro?'
References (include name and daytime phone number: (' y (2)
f,; _,,,.

A
List any other committees/commissions on which you havcf‘ggcumemly serve. and the year(s) ot serwce:
l am willing to share my personal email addr s and phone number with the public during my appointment on a Commission, Committee or Board? Yes No

DISCLOSURE AND REGULATORY REQUIREMENTS
Upon appointment, designated members will be required to ?le an Assuming Of?ce Statement of Economic Interests (Form 700) within 30 days of being sworn In. Covered of?cials will be required to take two hours of AB 1234 Ethics Training every two years. This application will become a public record and will be available for public inspection or duplicationupon request in accordance withthe Public Records Act.

I have read. understand, and willabide by this statement (please initial) l have sufficient time to devote to this responsibility and plan to attend the required meetings ifl am appointed to ?ll a vacancy an acknowledge that I have read and understand the disclosure and regulatory requiremen
???ZMA?
Signa e of Applicant Date
Completed application should be returned to:

City of Calistoga
City Clerk
1232 Washington Street
Calistoga, CA 94515
For questions. please call the City Clerk at (707) 942-2807 Item #7.1.

Appendix A Eugene M Gorman 11/08/2024
Why I want to serve our community. I have a deep affection for Calistoga, over 8 years ago I chose to locate in this community in 2016 in advance of my 2019 retirement after 15 years of frequenting our very pleasant city. Of course I wish reside in Calistoga inde?nitely and therefore have a great interest in contibuting in our city's inevitable growth with the hope that while our city will inevitably grow and change that Calistoga will always have a desirable and bright, albeit different, future still with a resulting pleasant uniqueness
Part of what I bring. I have been involved with Calistoga's Housing Avisory Committee for over a year completing a vacated term and am interested and very happy to continue with the HAC if the City approves. At the same time I am very interested in also serving with the City of Calistoga Planning Commission. Regarding this I have had experience and a history that gave me a broad municipal experience inclusive of but not limited to Planning, Building and Development aspects. From the late 1970's to 2000 I was a managing partner in what became a large software development ?rm (4 professional staff in 1978 to 175 professionalstaff by mid 1990‘s). We created enterprise wide custom software systems (adjusted for each client's unique requirements) for over 450 business, institutional, educational and government entities.

Approximately 75 of these were municipalities for which we designed and developed custom software for the departments and functions existing within each Municipality inclusive of but not limited to Planning, Development and Public Works operations for the majority of these clients. My role, I had the unique opportunity of working within the client's organization studying and researching functions and processes creating the speci?cations or "map" for the software modi?cations and additional programming they needed, Thus gaining intimate understanding and knowledge of a client's operation or business. After whichl and other developers programmed (coded) software modi?cations and additional software I worked directly with the client to assist in managing the complete implementation process. Our ?rm's and my relationship with clients, municipal or otherwise was ongoing being asked to step into make alterations and additions to accomidate new and changing requirements in their world. Because of ?exible design, and tools that accommodated easy modi?cation/alteration and the industry standard "environments" many of our former clients of various types are still using, decades later, software systems we created and implemented.

Item #7.1.

Item #7.1.

Item #7.1.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Mitch Celaya, Assistant City Manager
Meeting: City Council - Dec 03 2024
Subject: Renewal of the Napa Valley Tourism Improvement District (NVTID) to include the City of Calistoga
AGENDA TITLE:

Consider Granting Consent to the County of Napa to Renew the Napa Valley Tourism Improvement District (NVTID) to Include the City of Calistoga
RECOMMENDATION:

Consider Adopting the Resolution
BACKGROUND:

The NVTID is a benefit assessment district proposed to continue a revenue source to help fund destination sales and marketing promotions for Napa Valley lodging businesses. This approach has been used successfully in other destination areas throughout the state to improve tourism and drive additional room nights to assessed lodging businesses. The renewed NVTID includes all lodging businesses, existing and in the future, available for public occupancy located within the boundaries of the cities of American Canyon, Calistoga, Napa, St. Helena, and the Town of Yountville and the unincorporated area of Napa County. Because the renewed NVTID will include the City of Calistoga, consent must be granted by the City Council of Calistoga in order for the City of Calistoga to be included in the creation, operation and future renewals of the NVTID.

Lodging business owners decided to pursue renewal of the NVTID in order to continue a revenue source devoted to marketing Napa Valley as a tourist, meeting and event destination. If renewed, the NVTID would generate approximately $11,000,000 on an annual basis for promotion of travel and tourism specific to Napa Valley.

In Calistoga, the 2% Tourism Improvement District (TID) assessment imposed on guest lodging is collected by the city and results in 74% of the collected assessment remitted to NVTID, 25% to the local TID, and 1% to the City of Calistoga for Administration costs. In FY2023-24, the 2% TID assessment equated to approximately $1,980,427.00.

The City Council "tabled" this item at the last regularly scheduled meeting due to several concerns and questions and is being brought back for additional consideration and possible action.

ANALYSIS:

TOURISM IMPROVEMENT DISTRICTS
Item #7.2.

Tourism Improvement Districts (TIDs) utilize the efficiencies of private sector operation in the market-based promotion of tourism. These special assessment districts allow assessed business owners to organize their efforts to increase tourism. Business owners within the TID fund the TID, and those funds are used to provide services that are desired by and benefit the assessed businesses within the TID.

TID benefits:
 Funds cannot be diverted for other government programs;  They are customized to fit the needs of each destination;  They allow for a wide range of services; including destination marketing, tourism promotion, and sales lead generation;
 They are designed, created and governed by those who will pay the assessment; and  They provide a stable funding source for tourism promotion.

In California, TIDs are primarily formed pursuant to the Property and Business Improvement District Law of 1994 (94 Law). This law allows for the creation of special benefit assessment districts to raise funds within a specific geographic area. The key difference between TIDs and other special benefit assessment districts is that funds raised are returned to the private non-profit corporation governing the TID.

MANAGEMENT DISTRICT PLAN
The Management District Plan includes the proposed boundary of the NVTID, a service plan and budget and a proposed means of governance. The NVTID will include all lodging businesses, existing and in the future, available for public occupancy within the boundaries of the cities of American Canyon, Calistoga, Napa, St. Helena, and the Town of Yountville and the unincorporated area of Napa County.

The annual assessment rate is two percent (2%) of gross short-term (30 days or less) sleeping room rental revenue. In years three (3), six (6) and nine (9) of the NVTID’s term, the assessment rate may be recommended to be increased by the Visit Napa Valley (VNV) Board of Directors and then brought to the Napa Valley Tourism Corporation (NVTC) Board for final approval. The maximum increase in years three (3), six (6) and nine (9) shall be one half of one percent (0.5%).

The total assessment rate may not exceed three percent (3%) of gross short-term (30 days or less) sleeping room rental revenue. Based on the benefit received, assessments will not be collected on stays of more than thirty (30) consecutive days. Stays by government employees on government business shall not be subject to assessment. “Government employee” shall mean foreign or domestic government employees subject to exemption from transient occupancy tax pursuant to each municipality’s municipal/county code.

The renewed NVTID will have a ten (10) year term, beginning June 26, 2025, or as soon as possible thereafter, and ending ten (10) years from its start date. Once per year beginning on the anniversary of NVTID renewal there is a thirty (30) day period in which business owners paying fifty percent (50%) or more of the assessment may protest and begin proceedings to terminate the NVTID.

Each jurisdiction will be responsible for collecting the assessment on a basis that mirrors the collection of transient occupancy tax from each lodging business located in the NVTID boundaries.

Each jurisdiction shall forward the assessments to the County of Napa (“County”) to be forwarded to Napa Valley Tourism Corporation, which will have the responsibility of managing NVTID programs Item #7.2.

as provided in the Management District Plan. Each jurisdiction tax collector will retain a fee of up to one percent (1%) of the amount of the assessment collected prior to remitting funds to the County, within their respective jurisdictions, to cover their costs of collection and administration.

The proposed renewal of the Napa Valley Tourism Improvement District (NVTID) to include Calistoga was presented at the November 12, 2024 City Council meeting. As a result of lodging owners communications to city council members prior to the council meeting, the presentation by the NVTID President and CEO Linsay Gallagher at the council meeting, and public comments made by two lodging business owners at the council meeting, the Council voiced a number of concerns and changes they would like to see. The city council concerns included the following; A) Conflict of Interest. Having the director of Visit Napa Valley (VNV) as a voting member on the board of the Napa Valley Tourist Corporation (NVTC), which hires Visit Napa Valley, raises conflictof-interest concerns. This item can be addressed by the NVTC Board of Directors through by-law changes and is included as a recommendation in the attached resolution.

B) Length of Agreement. Councilmembers questions the ten-year term and some voiced interest in a three to five year term. Given the potential for economic changes over a decade, a ten-year agreement might hinder the flexibility to adjust and make changes given the participating cities future financial and economic landscape. This item would include a re-write of the management plan and subsequent re-start, including re-voting by the lodging businesses, of the TID renewal process.

C) Weighting Hotels' Votes by Revenue. The council's concern was that this policy effectively assigns disproportionate decision-making power to a few large businesses, obliging all the others (i.e. smaller ones) to comply. This item would include a re-write of the management plan and subsequent re-start, including re-voting by the lodging businesses, of the TID renewal process.

D) Fair Share of Marketing. The council felt there is insufficient information to demonstrate a "fair share" allocation of the marketing expenditures. It was not clear to councilmembers that Calistoga lodging, particularly the smaller lodging businesses, receive exposure commensurate with the funding it contributes to the district. One option would be to increase annual funding to all local welcome centers that could choose to spend more marketing dollars toward the highest needs as seen by each city and is included as a recommendation to VNV in the attached resolution.

E) Proposed Increased Assessment. Councilmembers expressed conerns about the option for potential increased assessments at the 3, 6, and 9-year intervals that could total 1%, which could increase the current 2% assessment to as much as 3%. This was a significant concern, as it would further raise costs for Calistoga guests—who already pay high room rates in comparison to similar destinations statewide. The weighted voting contributed to this concern as the decision would disproportionately give the decision to increase assessments to a few large lodging businesses.

This item would include a re-write of the management plan and subsequent re-start, including revoting by the lodging businesses, of the TID renewal process.

F) NVTC Oversight Role. The council believed there needed to be strengthened, and better communication between NVTC and VNV established.

The city council acknowledges the value of the NVTID but strongly felt some of the voiced concerns need to be addressed. The council believes passionately that they represent all businesses large and small, and to provide a voice to all who have concerns and issues on this topic. It is believed that most of these concerns and issues can be addressed without making changes to the Master District Plan and not jeopardizing the renewal process but instead have the concerns addressed Item #7.2.

through a governance review and changes. One option could be through a governance Ad-hoc group that could identify governance solutions. The council chose to temporarily hold off on making a decision on the NVTID renewal at the November 12th meeting in order to conduct follow-up with lodging businesses and other local politicians to determine how to move forward on the proposed NVTID renewal.

FINANCIAL IMPACT:

None immediately. The City of Calistoga shall be paid a fee equal to 1% of the amount of assessment collected to cover its costs of administration. Because the NVTID programs are intended to increase visitation to the City of Calistoga, there may be an increase in transient occupancy tax and sales tax collections.

CEQA STATUS:

No Impact
ATTACHMENT(S):
2024 Renewall of NVTID to include the CIty of Calistoga Resolution 111224 Reso 2024-112 Requesting Consent of the Cities of AC, Calistoga, Napa, St. Helena and Yountville to renew the NVTID
Reso 2024-111 Declaring Intention to Renew the Napa Valley Tourism Improvement District and Fixing the time and place of Public
APPROVAL(S):

Connie Cardenas, Admin. Services Director Approved - Nov 22 2024 Laura Snideman, City of Calistoga | City Manager Approved - Nov 25 2024 Yudiana Galvan, City of Calistoga | City Clerk Approved - Nov 25 2024 Item #7.2.

ATTACHMENT 1
RESOLUTION NO. 2024–XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA APPROVING

CONSENT FOR THE RENEWAL OF THE NAPA VALLEY TOURISM IMPROVEMENT

DISTRICT TO INCLUDE THE CITY OF CALISTOGA
WHEREAS, the Napa Valley Tourism Improvement District was established in 2010 and was renewed on June 10, 2014; and
WHEREAS, the City of Calistoga was included in the Napa Valley Tourism Improvement District which the term ends on June 15, 2025; and WHEREAS, the Board of Supervisors of the County of Napa desires to renew the Napa Valley Tourism Improvement District and include the City of Calistoga; and WHEREAS, the City recognizes the benefits of being included in the Napa Valley Tourism Improvement District to improve destination sales and marketing promotions for Calistoga lodging businesses; and
WHEREAS, the City recognizes the marketing of Calistoga as a tourist, meeting and event destination benefits Calistoga lodging businesses, other retail business, as well as contribute to the economic success and vitality of the community; and WHEREAS, the City desires to be included in the Napa Valley Tourism Improvement District; and
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Calistoga to consent to the renewal of the Napa Valley Tourism Improvement District to include the City of Calistoga; and
BE IT FURTHER RESOLVED that all terms, conditions, and covenants of said Agreement be, and the same are, hereby approved, ratified, and confirmed.

PASSED, APPROVED AND ADOPTED this 12th day of November 2024. I,

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

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
_________________________ ___________________________
Yudiana Galvan, City Clerk Donald Williams, Mayor
Item #7.2.